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HomeMy WebLinkAboutPlanning Comm min 1978/10/25 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA October 25, 1978 A regular business meeting of the City Planning Commission of Chula Vista, California was held on the above date beginning at 7:00 p.m. with the following nt: Pressutti, R. Johnson, G. Johnson, O'Neill and Williams. members.prese . _A - · - · C mmissioner Smith Also present' Absent (with previous nutlflcatlon), o · ' Director of Planning Peterson, Current Planning Supervisor Lee, Environmental Review Coordinator Reid, Senior Civil Engineer Daoust, Fire Marshall Monsell, Assistant City Attorney Harron and Secretary Mapes. The plege of allegiance to the flag was led by Vice Chairman Pressutti, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (R. Johnson-O'Neill) The minutes of the Planning Commission of October ll, 1978 be approved as mailed. ORAL COMMUNICATIONS Vice Chairman Pressutti called for oral communications and none were presented. 1. PUBLIC HEARING (c Cod_~_)~ to establish standards for condominium develo~ conversion. Director of Planning Peterson noted that although considerable testimony was taken during the public hearing on October ll, the hearing was continued to this ~n in order that people who had not previously had a copy of the proposed meet]_~ ..... ~ review the proposal and have an opportunity to comment. He pointed out that if additional testimony is presented, it should deal with the provisions of the proposed amendment and not relate to the possible conversion to condominiums of a particular apartment complex. Vice Chairman Pressutti reopened the public hearing for additional testimony concerning the proposed amendment to the code. Robert Graham, 1425 S6cond Avenue, speaking on behalf of the Congress of South Bay Seniors, reported that they had the ordinance analyzed by legislative experts and think it is an excellent ordinance. He felt, however, that the priorities ernmental body should give first priority to the welfare of are all wrong. A gov .~ - ....... +ed that the following paragraph, the average citizen of the community, n: ,:,u:~- taken from the La Mesa Municipal Code, be included in the proposed ordinance: "Determination - allowance of converting apartment units. On or before August 1 of each current fiscal year, the Director of Planning shall certify the yearly average number of apartment units constructed in the previous two fiscal years, commencing July 1 and ending June 30 of each year. Fifty percent (50%) of the certified average will then be the allowed number of apartment units for conversion into units of a community housing project in said current fiscal year. In the event that there were not sufficient units converted to the maximum allowed in a given fiscal year, the surplus will not be carried over th' the following -2- A October 25, 1978 fiscal year, This section shall not apply to community housing projects involving buildings which have not been previously occupied, and these units will not be considered by the Director of Planning as additional number of apartment units constructed in a given fiscal year." Harry Wooters, 4201 Bonita Road, advised his interest is in whether the various regulations proposed could be met by the La Bonita Apartments which have filed for conversion. He supported the requirement for a minimum 256 cubic foot storage area but requested an increase of the 2' minimum dimension. He asked if such storage area could be located in balcony areas or if they are considered part of the interior living space of the unit. He also asked about security of storage spaces which might be located in a parking garage or shed. He reported that storage facilities now existing in their apartment complex do not have adequate security and can be easily broken into. He favored the requirement for separate water heater and separate water, gas and electric meters as he felt a master system would be very unfair due to the different amounts used by different residents. He suggested there should be a requirement for noise attenuation within the premises. He asked about the installation of smoke detectors and whether aluminum wiring would have to be replaced. Mr. Peterson responded briefly to the questions raised by Mr. Wooters, explaining the intent and requirements of the ordinance in each instance. James Frank, 4095 Bonita Road, expressed the opinion that buyers of older buildinqs should be made aware of all items which do not meet present buildinq codes, such as wiring, asbestos ceiling, noise and storage. He felt an inspection should be made and a list of maintenance items needed should be available to the buyer. Edward A. Jackson, 350 Broadway, Space 26, pointed out that the conversion of apartments to condominiums reduces the availability of apartments and lowers the vacancy rate which is presently below one per cent in Chula Vista. He advised that the CPO has recently received a grant from the Department of Housing and Urban Development to review the problem of rent control in the San Diego region and the conversion of apartments. He urged that the Commission delay action until that study has been completed. He also urged that the City place a moratorium on the conversion of apartment units, and further that the City encourage the development of some property to mobile home parks as a means of relieving the housing shortage. Joe Stern, 69595 Montezuma Road, author of a column in the Evening Tribune called "Aging with Dignity", advised that he is an advocate for the elderly. He expressed amazement that elected and appointed officials have been snowed by the argument that a landlord should be allowed to do anything he wishes with his property and that denying him the right to convert and sell his property may work a hardship on him. He conteded that denial of the right to convert does not work a hardship, it maintains the status quo, it preserves the condition under which the property was developed or purchased. Giving the owner the right to convert and sell the property during a period of housing shortage allows him to make a higher profit, which is bestowing a bonus comparable to upzoning. He reported that this has become a business to the point that three different concerns from out of state have come to San Diego, whose sole business is buying apartments for conversion. The tenants are required to buy at the asking price or to move and in many cases this works a hardship, particularly on older people. He pointed out the difficulty of a person 65 or 70 years of age obtaining a loan unless they have a very substantial down payment. He urged that the rights of renters be protected, whether they rent by choilce or by necessity; noting that a reduction in the number of available vacancies gives landlords an opportunity to raise rents based on market demand. -3- ~ October 25, 1978 Don Armstrong, 7860 Mission Center Court, San Diego, noted that in this hearing only renters and landlords have been heard from. He asserted there are many people who want to buy a home and condominiums represent their only means of doing so. Linda Bovet contended that many people presently living in apartments cannot afford 'to pay the price that will be asked for the units. She suggested that the ordinance should have some limitation on conversions so there will be rentals available for young people just starting out. Nick Pellegrino, 1281 University Avenue, San Diego, reported that he is a property owner and a landlord and that he has not raised the rents on over 2,000 units. He also advised there are more condominiums priced at $40,000 in the South Bay area than any place else in San Diego, He felt there are not too many convertible buildings in the area and indicated that 60 to 70 per cent of the condominium units sold are purchased by the people living in them. Phil Watson, resident in Bonita Apartments, felt there is a need to protect condominium buyers since the quality of maintenance repairs performed in apartment buildings is inferior to that obtained for single family dwellings. Many tenants are reluctant to ask for repairs because they may be asked to move. Greg Lawlor, 515 South Sierra, Solano Beach, real estate developer, expressed concern about the cost of housing, the cost of government and the inability of even a two person working family to buy a house. He asserted that condominium conversions have brought the average price of housing down for the first time in four years. He reported there is 95% financing available for many condominium conversions. He expressed the opinion there is too much regulation and this has added to the cost of housing. He felt that free enterprise should be allowed to take care of the demand for apartments. With reference to the proposed ordinance he objected to the requirement for providing storage area expressing concern that the requirement was arbitrarily arrived at and recommended that it be deleted. Allen Nevin, 7851 Mission Center Court, San Diego, reported that at the present tSme in Chula Vista the average price of a new single family home is over $100,000 and the average price of a condominium conversion is under $45,000. The reason condominium units are inexpensive in this county is that there is no limit on the supply, and anything that is done to impede the conversion of condominiums will drive up the price of the units so that people will not be able to afford to buy them. As no one else wished to speak, the public hearing was closed. Commissioner G. Johnson asked for a comment from the Director of Planning regarding the paragraph that Mr. Graham had requested be included in the ordinance. Director of Planning Peterson advised that the provision from the La Mesa Ordinance was considered during the early stages of the study on condominium conversions but was not one of the factors the City Council expressed an interest in. While that would provide a certain degree of protection for renters, there is also truth in the argument that the cheapest way to provide home ownership today is by the conversion of existing buildings. Commissioner Williams expressed the opinion that one of the purposes of this ordinance is to assure that the units being converted are brought up to present code standards, and he felt that the ordinance does that. Commissioner R. Johnson spoke of the many necessities of life one of which is -4- A October 25, 1978 housing. He felt people should be able to make a choice between owning a home or renting a house. He made reference to a report which indicates there are ll,O00 rental units in Chula Vista and since 1972 only 4% of that number have been converted. He acknowledged that some of Mr. Wooter's concerns have some validity but he questioned whether it is the function of the city to tell a buyer the exact condition of a building other than the certificate of occupancy as provided for in the building code. MSUC (R. johnson-Williams) The Con~nission finds that the enactment of the proposed ordinance will not have a significant environmental impact and adopts the Negative Declaration on IS-79-19. It was moved by Commissioner R. Johnson, seconded by Commissioner Williams, that the Planning Commission recommend that the City Council enact the proposed ordinance as an amendment to Chapter 15.56 of the Chula Vista Municipal Code. Commissioner O'Neill expressed the opinion that due to the rental shortage there is a social problem which the Commission must address. He supported the La Mesa ordinance and requested that the motion be amended to include a provision that "the number of apartments permitted to conveet to condominiums annually shall be limited to 50% of the yearly average number of apartments constructed in the two preceding fiscal years." The maker of the motion didnotconcur and the motion for amendment died for lack of a second. The original motion passed by the following vote: AYES: Commissioners R. Johnson, Williams, and G. Johnson NOES: Commissioners O'Neill and Pressutti ABSENT: Commissioner Smith Vice Chairman Pressutti advised that his "no" vote reflected his concern for the need of restricting the number of conversions. · 2. PUBLIC HEARING: venue from R-2 and A-3-L-F ~und Enterprls.es, ~nc. Current Planning Supervisor Lee noted that the application requested the prezoning of approximately 19 acres, located mainly within the flood plain area, with 3 additional acres adjacent to North Second Avenue included by the City. The applicant has obtained a use permit from the County for the expansion of the campground facilities, the approval of which was subject to annexation to Chula Vista. The proposed zoning is consistent with the Chula Vista General Plan and the development plan corresponds with the County's plan for the Sweetwater Regional Park. Included in the staff report was an environmental impact summary of the EIR prepared by the County for the proposed land use. Certification of the EIR and approval of the prezoning are recommended. This being the time and place as advertised, the public hearing was opened. Ted Bell, operator of the KOA Kampground, concurred with the staff report and asked that the prezoning be approved. Harriet Acton, Chairman of the Lower Sweetwater Fire District, expressed the -5- ~ October 25, 1978 desire that LAFCO would consider annexation of the KOA expansion area and the 21 acre area adjacent on the west at one time. MSUC (G. Johnson-O'Neill) The Commission has considered the information in the EIR prepared by the County for the proposed project and finds that it has been prepared in accordance with the requirements of CEQA. MSUC (G. Johnson-O'Neill) Based on the findings contained in the staff report, the Commission recommends that the City Council approve the prezoning of the 22 acres to A and A-F. · vironmen~~~,nt~ ~ 3. ~UBLIC HEARING: E~ .... ~- ~ellin-s on northeast side of Ota~v__Lakes Road - Richard Boucher Environmental Review Coordinator Reid reported that although this is not a large development, it was the decision of the Environmental Review Committee that the project could involve public controversy due to the land form change adjacent to Otay Lakes Road and the existing dwelling units. Although the ~evelopment will require extensive grading, due in large part to the required widening of Otay Lakes Road, the Environmental Impact Report indicates this can be mitigated through grading techniques and development regulations· The Environmental Control Commission has recommended certification of the EIR with concern noted regarding massive grading, possibility of slides and aesthetic destruction of the area. Mr. Reid called attention to the written response to the letter received from Dr. Tibbetts, representing the Homeowner's Association of Bonita Ridge Estates. That response indicates that the issues raised in the letter were covered in the Environmental Impact Report. This being the time and place as advertised, the public hearing was opened. Dr. Tibbetts expressed concern over the disruption of the view from the lots at the top of the ridge if dwellings are constructed on the slope below. He called attention to the massive grading on the opposite side of Otay Lakes Road, wiping out the greenbelt there. He contended that the amount of grading proposed for this project will create a 70 ft. high bank and cause erosion problems. He also asserted that at the point the proposed access road will intercept Otay Lakes Road there is inadequate sight distance to provide traffic safety in turning movements· Alvin Allen, resident adjacent to the proposed development, observed that the proposed grading of this slope will result in a great loss of coastal sage and native flowers· He contended that the development would take away his privacy and that it would not provide any recreation area for the children in the proposed dwellings. Fred Schmidt, 421 Camino Elevado, stressed that this development will be the only intrusion into the green space bordering the northeast side of Otay Lakes Road which was required to be dedicated by the developer of Bonita Ridge Estates· He felt this should be preserved to enhance the scenic route. David Keltner, 6680 Convoy Court, San Diego, engineer for the applicant, pointed ~ -6- ~" October 25, 1978 out that they have received approval of building plans and grading plans for the development of three lots on this site. They are now requesting approval of one additional lot because of the extensive improvements to Otay Lakes Road required d that they have offered to sell the land to.t~e City b the City. He also rep~r~e .... ~ ~m~ from the creation of one a~dlt~o~al ~ nn~n soace He asser~eo ~n~ ~-: ,,-~ .... ~ ~ockinn the views OT ~"~ -ST, ~k ,,~ m~nimal. In response to she conc:[? ml~ ation will ~o% Wl~ u: ~-~ ~-- · ...... ~-+o~ nut that %~e nlgn:o~ v ..... v . ~ ~ hnm~ nwnArs above the projecs, n~ vu~,~y .... ~ -~-~ ~- *w~t nad will be b ~ees ~"~t 335 feet and the top of the bu~lo~ng conssru~:~ ~- .... ~ below the pad elevation of the lot above. In response to a question from Commissioner G. Johnson, Mr. Keltner pointed out that the offsite grading in existing open space is necessary due to the widening of Otay Lakes Road; he further advised that the grading will result in a change from a 3:1 slope to a 2:1 slope in that area. As no one else wished to speak, the public hearing was closed. Environmental Review Coordinator Reid noted that the written response already provided to the letter from Dr. Tibbetts will adequately cover the issues raised during the hearing with the exception of the traffic safety factor. He advised that he had checked with the City's Traffic Engineer with regard to the sight distance at the point of the access road and it was his determination that the final road alignment will provide adequate sight distance. Mr. Reid suggested that the Planning Commission certify the EIR subject to the inclusion of the minutes of the public hearing. MSUC (R. Johnson-G. Johnson) The Commission certifies that EIR-79-4 has been prepared in accordance with the California Environmental Quality Act and the Environmental Review Policy, and that the Commission will consider the information contained in the report as it reaches a decision on the project. M 79-10 ~~on of pre~is~, pl.an,f~r developme~nt 4. PUBLIC H~~-th~ R-E-P_zone on the O/ /~u. ~ .... Ta . °T~~kes Road - Richard Boucner northeass sloe OT u~d~ ~:~ Current Planning Supervisor Lee advised that the proposed development plan follows basically the same pattern as the plan previously approved with one additional lot to be created near the center of the site. He pointed out there is at least a 21 foot ~ifference in elevation between the highest pad in this development and the adjoining lots in the Bonita Ridge tract. In response to a question from Commissioner O'Neill with reference to the application of the Hillside Development ordinance, Mr. Lee advised that it is only applicable to property with a higher density than the R-E zone which requires half-acre or larger lots. This being the time and place as advertised, the public hearing was opened. Fred Schmidt, 431 Camino Elevado, contended that this hearing should consider the full extent of the project and not just the one additional lot over the previously approved plan. Commissioner R. Johnson asked Mr. Schmidt for his suggestion with regard to the widening and improvement.of 500 feet of Otay Lakes Road adjacent to this property in the event a feasible development plan is not approved. Mr. Schmidt expressed the opinion that taxpayers would be willing to pick up that -7- ~ October 25, 1978 cost on a pro rata basis if the land remains undeveloped. james Johnson, 424 Stoneridge Court, described the crowded traffic condition on this segment of Otay Lakes Road during the~peak hours of traffic to Southwestern College and expressed his concern over the traffic hazard which might result from drivers attempting to make a left hand turn into this development. As no one else wished to speak, the public hearing was closed. Commissioner O'Neill questioned the reasoning behind the approval of the original development proposal for this land. He expressed the opinion that development of this type creates scars on the esthetic quality of the community. Commissioner G. Johnson pointed out that the lots in Bonita Ridge Estates were small with surrounding open space to compensate for the small lot size. Grading a portion of that open space is like grading someone's private property. MS (G. johnson-O'Neill) The Commission recommends the denial of precise plan PCM-79-10 for development of four single family dwellings on the northeast side of Otay Lakes Road. The motion carried by the following vote: AYES: Commissioners G. Johnson, O'Neill and Williams NOES: Commissioners Pressutti and R. Johnson ABSENT: Commissioner Smith Assistant City Attorney Harron advised that this request can be forwarded to the City Council with a negative recommendation and the Council will act on it. On a motion by Commissioner R. Johnson the meeting recessed for lO minuteS at 9:10 p.m. The meeting reconvened at 9:20 p.m. 5. PUBLIC HEARING: PCS-79-7 - Consideration of tentative subdivisio~for ~e - Dawat Co~ ~Road an - Current Planning Supervisor Lee reported on the proposal to subdivide a 6.4 acre parcel into two lots, with the lot fronting on Otay Valley Road to be developed commercially and four acres at the rear to be used for residential development. The Commission approved the development plans at the October ll meeting. He called attention to the list of 12 conditions recommended for approval of the tentative map. This being the time and place as advertised, the public hearing was opened. Collin Payne of Schwerin, Xinos and Associates, representing the developer, expressed concurrence with the conditions listed in the staff report. MSUC (R. Johnson-G. Johnson) Based on the findings stated in the staff report, the Commission recommends that the City Council approve the tentative subdivision map, PCS-79-?, subject to the 12 conditions enumerated in the report. -8- '" October 25, 1978 · · . 'on of General Plan Amendment GPA-7$-4 6. s of Interstate 5 and H Street trom southeast quadr?t Visitor commercial tu ThorouGhfare Co Director of Planning Peterson reported that an application for General Plan Amendment was initiated by the owner of the vacant Exxon service station site, hearing was advertised to include · i consist ng of about 26,000 sq. ft. The public an additional 2½ acres in the same area, so the Commission could consider a larger area for the General Plan change. This area had been designated as Visitor Commercial due to its location at a freeway interchange, or gateway to Chula Vista. A more careful study of the lot sizes revealed that they do not lend themselves for development of a Visitor Commercial nature. It was also noted that other areas designated as Visitor Commercial on the west side of I-5 at both "E" Street and palomar would be more suited to Visitor Commercial development due to the larger nt area. The subject area would be a logical extension of thorough- amounts of vac~ · .u4.~ ,~c~nflv tends along H Street from Broadway to fare co,mercia) zoning wn,~, ~ ....... ~ ex be changed to Thoroughfare Woodlawn. It is recommended that the General Plan Commercial so that rezoning to C-T may take place. Mr. Peterson reported that the M.T.D.B. has been looking at a portion of this area for use as a parking lot to accommodate 370 parking spaces· This being the time and place as advertised, the public hearing was opened· Charles Owsley, 4481Hortensia, San Diego, speaking for the applicant, expressed concurrence with the staff recommendation. A1 Schuss advised that he is the owner of the restaurant site adjacent to the area proposed to be changed and he would have no objection, although he.was not aware of the proposal prior to the meeting· He was present at the meeting due to his interest in another agenda item. As no one else wished to speak, the public hearing was closed. · ms - R Johnson) The Commission finds that in accordance with the MSUC (Will,a_ ... the findings stated therein, General Plan Negative Declaration on IS-78-84 and Amendment GPA-78-4 will not have a significant impact upon the environment, and certifies the Negative Declaration· MSUC (Williams - R. Johnson) The Planning Commission recommends to the City Council that the General Plan diagram be amended from Visitor Commercial to Thoroughfare Commercial for approximately three acres located at the northeast and southeast quadrants of I-5 and H Street. 7. PUBLIC HEARIN~. , -ti~-~[:~l~R~chO de~ ~neral p~an Director of Planning Peterson advised thatthe~E1 Rancho del Rey Specific Plan recently adopted by the City Council delineates in more detail the land use for the 2300 acres of vacant land between 1-805 and Otay Lakes Road. It is proposed -- to amend the General Plan by affixing thereto a statement making reference to the E1 Rancho del Rey Specific Plan as the approved land use plan for the area. The density and open space areas will eventually be designated on the General Plan, but for the sake of expedience for an interim period it is recommended that the General Plan be amended by use of the statement on the General Plan map. -9- ~ October 25, 1978 This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the hearing was closed. MSUC (R. Johnson-O'Neill) The Commission certifies that it has reviewed the information in EIR-78-2 and that it was prepared in accordance with CEQA, the California Administrative Code and the Environmental Review Policy of the City of Chula Vista. MSUC (R. Johnson-O'Neill) The Commission recommends that the General Plan be amended by referencing the E1 Rancho del Rey Specific Plan as the adopted land use plan for that area. : sideration of an ~la_Vis.ta..M.~nis~_~l 8. PUBLIC HEARING: ~lo°~ncqu;lo~~me varK Lone ana zuu~, ~ · ~ection 19.56.300 et seq. pertaining to the Mobile Hom~. Park Modifying District Director of Planning Peterson recalled the rezoning earlier this year of three mobile home parks changing the zone from R-3 to a lower density and adding the "M" Modifying District, which allows the area to be developed as a mobile home park but would not require it to remain as a mobile home park. At that time the Council suggested the enactment of a mobile home park zone to permit only a mobile home park and require a change of zone prior to a change in the land use. The proposed zoning text amendment does that. Included in the staff report is a Negative Declaration of environmental impact. This being the time and place as advertised, the public hearing was opened. John Kolsters, 501 Anita Street, resident of a mobile home park, thanked the City for the previous action of rezoning the mobile home parks to a lower density. He expressed support of the proposed action and the hope that this zone would be applied to=existing parks to protect the residents. He asserted these parks supply a vital need for low and moderate income housing. A1 Schuss, 8301 Mission Gorge Road, resident of Meadowbrook Mobile Home Park in Santee, related events leading to the sale of that park at a price of 8 million dollars, more than double the cost of the park 2~ years ago. It is the fear of the residents that this will mean increasing the rent to $250 or $300 a month, or following the course of a similar park on Friars Road which gave the tenants one year's notice in which to remove their homes. This has had aseverepsychol°gical effect on the residents as it is almost impossible to find a park which will permit the moving in of a used mobile home. He felt some action must be taken to protect older people on a fixed income from a severehardship. Mary Frances Click, llO0 Industrial Park, supported the plea made by Mr. Schuss for some protection for mobile home park residents. Mr. Schuss added that there are 30,000 mobile home people inthe:County. MSUC (G. Johnson-R. Johnson) The Commission finds that in accordance with the Negative Declaration on IS-79-20 and the findings therein, the proposed zoning regulations will not have a significant impact upon the environment, and adopts the Negative Declaration. -10- October 25, 1978 MSUC (G. Johnson-R. Johnson) The Commission recommends that the City Council enact the proposed amendment to the zoning ordinance to provide an exclusive Mobile Home Park Zone. 9. Report on operation of snack bars in ARCO stations Current Planning Supervisor Lee reported that the conditional use permits approved a year ago to allow the service stations at 196 Broadway and 898 Third Avneue to sell prepared foods and other nonrelated service station items were subject to monitoring for six months to determine if traffic hazards or other problems were apparent. Both stations have had that service available for six months and no problems have resulted aside from a few minor sign violations which will be corrected. There has been no significant increase in traffic or onsite circulation problems. It is recommended that the operation be allowed to continue at both sites. The Commission accepted the report and concurred with the recommendation. COMMISSION COMMENTS Vice Chairman Pressutti reported that he may be absent from the next meeting, November 8th, and since Chairman Smith will also be absent, he suggested that Commissioner Roy Johnson, as the member with the most seniority, chair the meeting. Commissioner O'Neill asked if it would be possible to get a copy of the final report of the Mayor's Committee on Housing for Low and Moderate Income Families. Mr. Peterson affirmed that copies could be furnished to the Planning Commission although that report did not provide a solution to the housing problem. ADJOURNMENT Vice Chairman Pressutti adjourned the meeting at lO:12 p.m. Respectfully submitted, Helen Mapes, Secretary