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HomeMy WebLinkAboutPlanning Comm min 1978/09/27 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA September 27, 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 members present: Smith, Pressutti, R. Johnson, G. Johnson, O'Neill ,and Williams. Also present: Assistant Director of Planning N. Williams, Supervisor of Current Planning Division Lee, Assistant Director of Public Works Lippitt, Associate Civil Engineer Daoust, Assistant City Attorney Harron and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Smith, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Pressutti-O'Neill) The minutes of the meeting of September 13, 1978 be approved as written. Commissioner Williams abstained from voting. ORAL COMMUNICATIONS Chairman Smith called for oral communications and none were presented. 1. Determination of conformity of Plaza Bonita Center/Sweetwater Regional Park development with Chula Vista General Plan Assistant Director of Planning Williams reported that a request was received from the County of San Diego to determine if their plan to obtain fragments of land within the City of Chula Vista and in the Sweetwater Valley flood plain for park, flood control and road purposes is in conformity with the Chula Vista General Plan. Planning Commission review of this proposal is required by Section 65402(b) of State Law. He pointed out on a plat the two triangular shaped parcels proposed for acquisition by the County, both of which are designated as park land and open space on the Chula Vista General Plan. The smaller parcel, containing .03 acre, would be used for the realignment of Bonita Center Road, a four lane street to serve the proposed Plaza Bonita Shopping Center. The larger parcel would become part of the flood control channel and the regional park. Mr. Williams noted the staff recommendation that the Commission find that the County acquisition and subsequent improvement of these areas for park, flood control and road purposes is in conformance with the Chula Vista General Plan, but that the purpose of said acquisition (to facilitate the construction of an 80 acre shopping center) is not in conformance with the Chula Vista General Plan. He called attention to a letter received this afternoon from the Mayor of National City and distributed to the Commissioners, which requests that the second part of the statement be stricken from the recommendation. In response to a question from Chairman Smith, Mr. Williams affirmed that the area proposed for development as the Plaza Bonita Shopping Center is within the National City limits. -2- September 27, 1978 Chairman Smith questioned why the Chula Vista General Plan would have any effect on development within the City of National City. Assistant City Attorney Harron advised that it is a courtesy between governments for a jurisdiction to be given the privilege of review and comment of development adjacent to their boundaries. Chula Vista, however, does not have the ability to change what the County or the City of National City wish to do with that land. Although this review is not a public hearing, Chairman Smith offered any interested party the privilege of addressing the Commission. Bill Cannon, 451Westmont Court, Bonita, president of the Sweetwater Valley Civic Association and representing them as their attorney, expressed the opinion that the staff recommendation does not go far enough in refuting thepurpose and extent of the proposed developments. He stressed the fact that the Sweetwater Valley has long been designated as park and open space area and if retained as such there would not be a need for a four lane road. He also noted that this area has served the purpose of a ponding area during times of heavy rainfall and without the proposed development a drainage channel, as proposed, would not be necessary. Mr. Cannon spoke of the efforts of the Sweetwater Valley Civic Association in opposing this shopping center over the past years. He pointed out that with the access road coming from Bonita Road, the anticipated 54,000 cars a day into the center will result in a tremendous impact on Bonita Road and its ability to handle the regular flow of traffic through the valley. Mr. Cannon felt the Commission should make the finding that the anticipated ~oad construction and flood control channel is not in conformance with the Chula Vista General Plan. In response to questions raised by the Commission, Assistant Planning Director Williams advised that if this area were developed for park use it would be necessary to construct a road through the park. He also pointed out that both the City and the County have been involved with the proposed flood control channel for many years. Commissioner O'Neill expressed the feeling that the Commission does have a responsibility to consider events that take place around the periphery of the city boundary, and to consider what impact developments will have. Based on the history of this proposed shopping center he felt the Commission should not waste an opportunity to indicate that this will have an adverse impact on the City and to voice objection to it. MSUC (R. Johnson-O'Neill) The Planning Commission finds that the County acquisi- tion and subsequent improvement of Chula Vista city territory lying east of 1-805 and north of Bonita Road for park, flood control and road purposes is in conformance with the Chula Vista General Plan; but that the purpose of said acquisition--to facilitate the construction of an 80 acre shopping center--is not in conformance with the Chula Vista General Plan. -3- September 27, 1978 2. PUBLIC HEARING (Cont.): Conditional use permit PCC-79-6, construction and operation of Girls' Club and Boys' Club facility at Greg Rogers Park site Assistant Director of Planning Williams noted that this hearing was continued from the meeting of September 13 due to a question about notification of the adjacent residents and a request to reconsider the driveway location. Additional notices of the hearing have been mailed to all residents within 300 feet of the site. The driveway location was again discussed with the Traffic Engineer and it is his recommendation that the minimum offset from Redwing for the driveway would be 200 feet. MOving the driveway to that extent would place it in direct line with the building and would not allow for safe entry. The maximum distance that would be workable with the proposed site plan would be 170 feet, and even that would require several 90 deg. turns to gain access to the main parking area. It has not been demonstrated that the present proposal for the driveway would not be safe and it is recommended that it be retained. Mr. Williams reported that a petition has been received bearing 70 signatures, representing 45 properties in the area, and expressing opposition to the location of the Girls' Club and Boy's Club at the south end of Greg Rogers Park for the following reasons: "1. It was the understanding given by MCS Development Company and/or their agent that the area in question was reserved as a greenbelt area and that it would be developed by the City of Chula Vista as park land, thus the name 'Park View Estates'. "2. Concern for the safety of our children due to increased automobile traffic. "Although the land has been leased, we believe another location in the City would be beneficial to both parties (homeowners and Girls/Boys club)." Chairman Smith reopened the public hearing. Steve Owens, Owens Araiza Architects, 272 Church Avenue, responded to a question raised by Commissioner Williams with regard to taking access from the extension of Palomar Street noting that the area leased to the Girls' Club and Boys' Club extends only slightly beyond the building site and playing field area, with the area to the south remaining under the jurisdiction of the Parks and Recreation Department. He also pointed out that the grade of this area would make access infeasible. In response to Commissioner G. Johnson's question concerning the provision of parking spaces, Mr. Owens advised that it is their proposal to provide 75 paved parking spaces with overflow parking on to the play field. Their past experience indicates that the 75 parking spaces will meet the need for most occasions. He pointed out that one of the recommended conditions for approval would give the Director of Parks and Recreation the authority to require the development of additional parking if the need became apparent. Ronald O'Neill, 1293 Cardinal Place, advised that it is the feeling of many of the people who signed the petition that the topic before the Planning Commission is out of place as it is their hope to have a reversal of the decision made by the City Council to l~ase that land to the Boy's Club and Girls' Club. He -4- September 27, 1978 expressed the hope that this hearing would be continued until they have a chance to make a presentation to the City Council. Assistant City Attorney Harron advised that action by the Planning Commission on the conditional use peYmit application would not preclude the residents from making a request to the Council to reverse their earlier action. Chairman Smith asked for an expression from the Commission as to whether they wished to con~nuewith the public hearing or set it for another date in the future. MS (R. Johnson-G. Williams) The hearing in consideration of the conditional use permit should be held at this time. The motion carried by the following vote: AYES: Commissioners R. Johnson, Williams, Pressutti, G. Johnson and O'Neill NOES: None ABSTAINED: Chairman Smith Steve Owens responded to questions raised by Mr. O'Neill regarding the selection of this site for the club facilities and the reasons this was determined by the City Council to be the most suitable location. Larry Schulthesis, 484 Redwing Road, reported that their concern is over the fact that the Council did not make known to the residents of the area their intent to lease the park land for this use after they had purchased homes with the under- standing that the area was to remain open space. Janet Goff, 1268 Waxwing Lane, homeowner in the tract to the north of the SDG&E easement, advised that when they purchased their home 9 years ago they were assured that the area where MCS built homes was going to be open space land and would be a park. That land was later sold and became the Park View homes, the residents of which are now objecting. Mrs. Goff supported the location of the Boys' Club and Girls' Club in Greg Rogers Park and praised their contribution to the welfare of youth in the community. Jack Marks, 463 Redwing, expressed the opinion that one good thing would come from the construction of a building in the park and that would be the turning on of the street lights in the area which had recently been turned off. Robert Walter, 526 Azalea Street, campaign fund manager for the Boys' Club, discussed the various types of activities provided by the clubs and at no cost to the taxpayers. These funds from contributions and from fund raising activities of the club members. Charles Shulton, 1241 Raven, pointed out that the park doesn't belong just to the people who live across the street from it; it belongs to all of the residents of the city, and should be used to serve the children of the entire community. He added his support to those who favor location of the club facilities in that area. As no one else wished to speak, the public hearing was closed. Commissioner Williams suggested that if the location of the access is the main objection of residents perhaps further investigation of relocating the access should be undertaken. -5- September 27, 1978 Commissioner G. Johnson agreed, pointing out that one of the purposes of the Planning Commission is to work out a compromise to prevent an adverse effect on the residents. Commissioner O'Neill expressed support for the Boss' Club and Girls' Club and the service they provide to the community. He felt this was the most suitable location since within a few years it will be the geographic center of the city. Commissioner R. Johnson agreed and felt it is unfortunate there is not more than one Boys' Club and Girls' Club for a city of this size. MSUC (R. Johnson-O'Neill) The Commission finds that this project will have no significant adverse environmental impact and adopts the Negative Declaration on IS-78-55. MS (R. Johnson-O'Neill) Based on the findings stated in the September 13 staff report, the Commission approves conditional use permit PCC-79-6 for the construction of a Girls' Club and Boys' Club facility at Greg Rogers Park with the access driveway to line up with Redwing Road and subject to nine conditions enumerated in the September 13 report with the modification to the eighth condition so the first sentence will read, "A minimum of 75 parking spaces shall be provided." The remainder of that sentence is to be deleted, and the second sentence retained in the condition as written. The motion carried by the following vote: G. Johnson AYES: Commissioners R. Johnson, O'Neill, Smith/and Pressutti NOES: Commissioners G. Jehnse~ and Williams ABSENT: None (per correction noted at meeting of 10/11/78) Chairman Smith voiced the Commission's request that the Engineering Division consider the possibility of closing Redwing Road at its intersection with Oleander if there is a problem of traffic. 3. Review of conditional use permit PCC-70-35 for major auto repair at the rear of 24 Broadway, Frank Debbas Assistant Director of Planning Williams noted that this item was continued from the previous meeting at the request of the applicant to allow him to meet with the staff. In a meeting held with the applicant's attorney the staff emphasized the importance of changing the operation to eliminate the salvage and storage of vehicles in disrepair. It was agreed that the operation would be altered to comply with all zoning regulations and with the conditional use permit. It is recommended that the operation be permitted to continue under an amended conditional use permit containing the five added conditions listed in the staff report and an additional condition to require that the applicant shall bring the facility into conformance with all conditions of the resolution and with city standards within 30 days after approval by the Planning Commission. Commissioner G. Johnson suggested that improvements be made to the screening fence on the north property line. Roland Haddad, 7970 Broadway, Lemon Grove, representing the applicant, expressed appreciation for the efforts of the staff and the consideration of the Commission in allowing his client to continue operation of his business. He concurred with -6- September 27, 1978 all conditions recommended and assured that the operation would be brought into confonnance with all conditions and regulations within 30 days. MSUC (G. Johnson-R. Johnson) The Commission amends conditional use permit PCC-70-35 subject to the five conditions listed in the staff report and the added condition that the facility be brought into conformance with all conditions and the city standards within 30 days. Attention is called to the need for repairing the north fence as stipulated in the conditions. 4. PUBLIC HEARING: Conditional use permit PCC-79-4 - Request to expand existin9 church~nctuaryand classrooms, 623 Telegraph Canyon Road - Chula Vista Alliance Church Current Planning Supervisor Lee reported that the proposed expansion would double the size of the existing sanctuary and would be accomplished in three phases. The site faces Telegraph Canyon Road but due to the realignment of that road and the improvement of the drainage channel, access to the church will come from Paseo del Rey. It is recommended that the proposal be approved subject to the six conditions stated in the staff report and an added condition requested by the Engineering Division to require that the applicant shall agree to participate in a reimburse- ment district for public improvements along Telegraph Canyon Road. Commissioner G. Johnson questioned the adequacy of a 24 ft. wide driveway to serve the church. Mr. Lee advised that with no parking alon§ the driveway that width will accommodate two way traffic and the staff feels it is adequate. Commissioner Williams pointed out that he had observed several busses at the site but did not find anything in the conditions relating to parking spaces for busses. Mr. Lee agreed that would be a valid condition to add. This being the time and place as advertised, the public hearing was opened. Reverend Vanderpoo~ 594 Manzanita Street, pastor of the church, expressed concurrence with the conditions recommended by the staff and their willingness to indicate an area for parking the busses. He indicated it is their intent to retain only two busses. As no one else wished to speak, the public hearing was closed. MSUC (Pressutti-O'Neill) The Planning Commission adopts the Negative Declaration on IS-79-8 with the finding that this project will have no significant environ- mental impact. MSUC (Pressutti-O'Neill) Based on the findings stated in the staff report, the Planning Commission approves the conditional use permit PCC-79-4 for the expansion of Chula Vista Alliance Church facilities subject to the conditions enumerated in the report and with added conditions to require parking for busses and an agreement by the applicant to participate in a reimbursement district for improvements to Telegraph Canyon Road. -7- September 27, 1978 _ RING: Vari~-+~nc~emin 5. PUBLIC HEA~299 Broa Current Planning Supervisor Lee noted the location of the restaurant in the small L-shaped shopping complex which includes 7 businesses. Four of the businesses have individual pole signs along Broadway and one business has rooftop sign. Under the sign regulations adopted in 1970 a center such as this could have one freestanding pole sign, which would either identify the center or up to five tenants. This applicant is requesting a variance to r)emodel one of the existing nonconforming signs by adding an additional sign face to identify his business. It is preferable that a center of this type submit a planned sign program which would coordinate the signing for the businesses and provide for the removal of the existing signs. The owner of the center has not shown a willingness to instigate a planned sign program. The staff has not been able to make findings for granting the variance and there- fore recommend that it be denied. In response to a question from the Commission, Assistant Director of Planning Williams affirmed that the ordinance requires the abatement of all nonconforming signs in 1989; thus, the existing signs can remain until that date unless one of the tenants moves from the premises. Commissioner Williams suggested that the existing Kirby Co. sign may be close to being a safety hazard in its present condition. This being the time and place as advertised, the public hearing was opened. Robert Hitchcock, 306 Spruce Street, expressed the opinion that their proposed sign conforms with the intent of the city ordinance of providing necessary identification. He contended that their restaurant is not readily seen by motorists except those coming from the west on "F" Street; those coming from other directions will not see it until they are within lO0 feet of the site. They have negotiated with the Kirby Company to upgrade their sign and provide identification for both businesses. He pointed out that in terms of space their restaurant is the anchor tenant of the shopping center, but still they do not have a sign except the one on the building. Annell Dick, 7 Bonita Road, in response to a question raised by Commissioner O'Neill, advised that she had contacted the management of the 7-Eleven store with reference to combined signage and they indicated they would not consider giving up their existing sign, which they have grandfather rights to retain until 1989. David Dick, 7 Bonita Road, suggested that the point under discussion is whether the Commission wishes to have the existing Kirby sign remain, or to have an improved sign face that would upgrade the property and the area and provide a distinct service. He felt that changing the sign face should not be considered a special privilege since a freestanding sign is already in existence. Bob Curry, 10864 Buggywhip Drive, pointed out that while the best visibility of the restaurant is from "F" Street, its address is 299 Broadway, so that people looking for it would likely be driving on Broadway, and it does not become visible until a car is right at the intersection, thus making entrance to the site difficult. -8- September 27, 1978 As no one else wished to speak, the public hearing was closed. Commissioner Pressutti asked if the new sign face proposed to be erected would also come under the 1989 abatement when the other signs are to be removed. Assistant Director of Planning Williams advised that could be made a.condition of approving the variance if it is the Commission desire to do so. Mr. David Dick expressed concurrence with a condition requiring removal of the sign in 1989. In response to a question from Commissioner R. Johnson, Mr. Lee affirmed that a wallsign could be placed on the side of the building which is adjacent to "F" Street and that the area of the sign would be based on the length of that wall. Commissioner O'Neill expressed support of the applicant's request due to the poor visibility of the sign on the building. He felt the applicant is being penalized by being in a center where the owner is not agreeable to a planned sign program. Commissioner G. Johnson advised that she could not support this request because she could not make the findings which are necessary for granting a variance. She reported that she is very aware of this restaurant and noticed when it changed hands and when the exterior was repainted improving its appearance. MS (G. Johnson-Williams) The variance request for remodeling a freestanding sign at 299 Broadway be denied. Commissioner R. Johnson agreed that making findings to support approval of the request may be difficult, but he pointed out that four freestanding signs will remain at that center for the next ten years anyway. The motion failed to pass by the following vote: AYES: Commissioners G. Johnson and Williams NOES: Commissioners Pressutti, R. Johnson, Smith and O'Neill ABSENT: None MS (Pressutti-O'Neill) The Commission approves variance PCV-79-2 for Robert Hitchcock and David Dick to remodel the sign face to be located on an existing pole and to provide identification for two businesses with a total sign face area of 36 square feet; said sign to be removed in 1989 or incorporated into a planned sign program for the entire shopping center. Findings in support of the variance are as follows: a. That a hardship peculiar to the property and not created by any act of the owner exists. The location of this small shopping center at an intersection of high traffic volume makes it difficult for motorists to see the subject business without an identification sign near the street. ' is necessary for the preservation and enjoyment of sub- b. That such variance. . ' in the same zoning district ri n~s ossessed by other properties . . . . stantial property ~g._ P ......... ~r~ would not constitute a special and in the same vicinity, ana ~nd~: w-,~ .... privilege of the recipient not enjoyed by his neighbors. -9- Septmeber 27, 1978 Other properties in this vicinity have signs which may be retained under the grandfather clause. c. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of the Code or the public interest. Approval of this request will result in the upgrading of an existing freestanding sign by the replacement of the existing sign face with a more attractive design identifying two businesses. d. That the authorizing of such variance will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental agency. The General Plan is not affected by this variance since the existing sign could remain under the grandfather clause until 1989. The motion carried by the following vote: AYES: Commissioners Pressutti, O'Neill, Smith and R. Johnson NOES: Commissioners G. Johnson and Williams ABSENT: None EARING' C~TM .or.d. ina~ce ~e~n~ment PCA-79-1 to 6. PUBLIC H ~ated u--~-~ ~u/a~e duu~ Assistant Director of Planning Williams advised that the public hearing on the proposed ordinance amendment was held on August 23, 1978 and thereafter closed. The Commission then referred the matter back to the staff for modification in the form of the ordinance and reconsideration of some of the definitions. The proposed amendments have been redrafted to conform to the Chula Vista Municipal Code. Pool or billiard halls have been deleted from the proposed ordinance as well as pinball machines and pachinko machines. The definition of "cabaret" has not been changed, since the definition used was contained in the Detroit ordinance which was upheld by the Supreme Court. Chairman Smith expressed the opinion that it is a poor definition of the word "cabaret", but since the ordinance is needed he would withdraw his objections. Commissioner Williams asked if the definition of "sexual encounter studios and rap parlors"could be interpretted as allowing prostitution. . .' ttorne Harron advised that it could not since there are specific Assistant City ~ .... Y .... ~_~ ~n~ ~ c'tv cannot circumvent those laws. state laws prohlDl~lng pros~u~u-, ..... 1 ~ Commissioner O'Neill indicated his intention to abstain from voting on the proposed amendments due to his absence from the meeting in which the public hearing was held. MSC (Pressutti-G. Johnson) In accordance with the findings in the Negative Declaration on IS-78-67, the proposed amendments to the Municipal Code will not have a significant impact upon the environment, and the Commission certifies that the Negative Declaration was prepared in accordance with the California Environmental Quality Act of 1970, as amended. Commissioners O'Neill and Williams abstained from voting. A -10- September 27, 1978 ~ Johnson) The Commission recommends that the City Council find MSC (Pressutt'-G- ..~ ~ ~ertv which are recognized as having and determine that there are some u~ ~ v-~ J objectionable operational characteristics, particularly when several of thom are concentrated in a given area, which causes a deleterious effect upon adjacent areas and that the special regulation of these uses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding areas. Commissioners O'Neill and Williams abstained. MSC (Pressutti-G. Johnson) The Commission reco~ends that the City Council find that the proposed amendments to the Chula Vista Municipal Code embody the special regulations necessary for the protection of the people of Chula Vista from the adverse effects of certain adult recreation uses. Commissioners O'Neill and Williams abstained. MSC (Pressutti-G. Johnson) The Commission recommends that the City Council enact the proposed amendments to the Chula Vista Municipal Code as contained in Exhibit A of the staff report. Commissioners O'Neill and Williams abstained. DIRECTOR'S REPORT Assistant Director of Planning Williams welcomed Comm~ss~one Gerry Williams at his first meeting and commended Chairman Smith on his manner of chairing the meetSng. COMMISSION COMMENTS Chairman Smith reported that he will be absent from the next three regular meetings due to a scheduled vacation trip. He will be back for the meeting of Novomber 22. ADJOURNMENT Chairman Smith adjourned the meeting at 9:35 p.m. Respectfully submitted, Secretary