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HomeMy WebLinkAboutPlanning Comm min 1977/08/10 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA August 10, 1977 A regular 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: Chandler, Smith, Pressutti, Starr, G. Johnson, Renneisen and R. Johnson. Also present: Director of Planning Peterson, Associate Planner Liuag, Assistant Direc- tor of Public Works Lippitt and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Chandler, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Renneisen-G. Johnson) The minutes of the meeting of July 27, 1977 be approved as mailed. Commissioner R. Johnson abstained due to his absence from that meeting. ORAL COMMUNICATIONS Chairman Chandler called for oral communications and none were presented. CONSENT CALENDAR 1. Consideration of request for vacation of Mankato Street from Third Avenue to Garrett Avenue - County of San Diego 2. Consideration of request for deferral of public improvements at rear of 194 Minot Avenue - Willard A. Rigley Chairman Chandler advised that the above items would be approved by one motion without separate discussion unless good cause is shown prior to the time the Commission votes on the motion to adopt. Director of Planning Peterson reported that with reference to item 2, the appli- cant had requested permission to execute a lien against the property as a condition of approval in lieu of posting surety in the amount of $4,400. The Director of Public Works has expressed concurrence with the request. MSUC (R. Johnson-Pressutti) The items on the consent calendar be approved in accordance with the recommendation in the staff report with the change of the condition to permit execution of a lien. REGULAR CALENDAR 3. PUBLIC HEARING: Rezoning PCZ-78-B - 518 Fourth Avenue from R-3 to C-O - Marshall Compton Director of Planning Peterson noted the location of the lot at the northwest corner of Fourth Avenue and Shasta Street for which a change of zone from R-3 to C-O has been requested. The property is developed with a single family home fronting on Fourth Avenue. He indicated on a plat the zoning of the adjacent area which includes C-O for property fronting on "H" Street and R-3 for property on both sides of Fourth Avenue. -2- '- August 10, 1977 Mr. Peterson expressed concern that if this rezoning is approved there would be pressure to extend it down Fourth Avenue lot by lot, resulting in strip commercial zoning. This is undesirable since Fourth Avenue is one of the main north-south streets in the city and will become the primary north-south traffic carrier. It is feared that such commercial strip development would be spotty and marginal. Commercial strips have problems in terms of esthetics, excessive identification signs and traffic conflicts. Commercial strips also inevitably conflict with the residential lots which abut the commercial use. Based on those reasons the staff has concluded it would be inadvisable to take an action which would have the effect of starting commercial zoning along Fourth Avenue. It is recommended that the Negative Declaration be certified and the request for rezoning denied. In response to a question from Commissioner Smith, Mr. Peterson affirmed that this property is within the area which the City Council has requested be studied for possible rezoning to commercial. He noted, however, that the subject area includes 80 properties developed with detached single family homes and the probability of a major commercial developer assembling those properties is remote. A check of asses- sor records reveals the total value of property in that area to be in excess of $3,000,000. It is questionable that a private developer could acquire that amount of property for economical development of a shopping center. This being the time and place as advertised, the public hearing was opened. Marshall Compton, the applicant, discussed his proposal and the issues raised in the staff report. He contended that with his design for ingress and egress of the property there would be no additional traffic conflict, since cars would be going forward as they leave the property rather than backing onto Fourth Avenue. He pointed out that this lot could not be developed with the adjacent property facing "H" Street, since that property is already developed with the Balboa Bank. He also contended that the proposed office use would be no more detrimental to the adjacent residential use than the Balboa Bank and SDG&E office and parking lot located within the block. Mr. Compton stressed the fact that this proposed zoning is in conformance with the General Plan. He also questioned the feasibility of any individual or cor- poration acquiring all of the property within the area directed for study by the Council. Mr. Webb, owner of property next to the lot which Mr. Compton wishes to develop, spoke in support of Mr. Compton's plan and encouraged the Commission to approve the request for rezoning. As no one else wished to speak, the public hearing was closed. Commissioner Pressutti suggested that Shasta Street would be a logical zone boundary line with the area between Shasta and "H" zoned for commercial use. Mr. Peterson pointed out that on a narrow street, having commercial use on one side and residential use on the other results in incompatibility due to parking require- ments, traffic and signs. For that reason it is deemed advisable to retain the same zone classification on both sides of a narrow street. Commissioner R. Johnson commented that he would agree with the arguments of the Plan- ning Director if it were a larger area, but for such a small area as that under consideration he felt the difference in zoning would not have a great effect. Com- missioner Starr pointed out that the existence of Balboa Bank and the SDG&E office have already infringed upon the residential character of this block. -3- August 10, 1977 MSUC (Starr-Renneisen) The Commission finds that in accordance with the Negative Declaration on IS-78-3 and the findings stated therein, the rezoning will have no significant adverse environmental impact, and certifies the Negative Declaration. MS (Starr-G. Johnson) The Commission recommends to the City Council the rezoning of the property at the northwesterly corner of Fourth Avenue and Shasta Street from R-3 to C-O. The motion carried by the following vote: AYES: Commissioners Starr, G. Johnson, Renneisen, Pressutti, R. Johnson and Smi th NOES: Commissioner Chandler ABSENT: None 4. PUBLIC HEARING: Conditional Use Permit PCC-78-1 - Create dwelling group at 674 Second Avenue in R-1 zone - Tom Money Director of Planning Peterson advised that approval of the subject application would authorize construction of a second dwelling unit on the lot under the dwelling group provisions of the zoning ordinance. He noted the location of an existing driveway which presently serves one residence constructed on the lot. Under this proposal that driveway would be extended to the west to serve another house on the rear of the property. Mr. Peterson pointed out that the lots in this block are 290 feet deep and vary in width from 50 feet to 270 feet, and while the homes vary from elegant to modest this is a sound residential area in the heart of the city. Mr. Peterson noted that in recent years applications for variance have been filed in this area seeking permission to create lots without street frontage. Those appli- cations have been denied by the Commission and when appealed to the Council they have been denied by that body also. Mr. Peterson pointed out that the variety of houses in this sound and stable neigh- borhood contribute to the charm of Chula Vista as the character of the area is entirely different than new subdivisions. He felt there should not be piecemeal development on individual lots. If the area is to be redeveloped, it should be done only if a majority of the property owners express a willingness to do that and, secondly, if there is assurance that a street at the rear of the lots fronting on Second Avenue and Del Mar Avenue would be constructed. For those reasons it is recommended that the application be denied. Commissioner Smith asked for confirmation that there is no problem areawise in accommodating an additional dwelling and still reserve the necessary area to construct a public street. The Commission questioned the use being made of the rear of the deep lots at the present time. This being the time and place as advertised, the public hearing was opened. Tom Money, 355 Third Avenue, advised that his mother has owned this property for a long time. He pointed out a number of lots within the block on which an additional ~ -4- ~ August lO, 1977 structure has been constructed on the rear portion of the lot. He contended that the taxes and maintenance of the large lots becomes a burden to the owner. He felt their proposal meets all of the requirements of the group dwelling provisions and would still permit installation of a public street if that is desired in the future. He pointed out various area in which development has occurred without the required frontage on a public street so that many other people in the area have been privi- leged to make full use of their property. As no one else wished to speak, the public hearing was closed. Chairman Chandler commented on previous proposals for development of the rear portion of lots in this area and on the opposition which was expressed at the public hearings. He expressed surprise that no one spoke against this request. Commissioner Smith expressed the opinion that the finding can be made that the proposed use is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or community, since the use of land for residential purposes within the density permitted by the zoning is generally an improvement to the community as opposed to the rank growth of weeds. The Commission further discussed the application of group dwelling prodecure and the variance prodecure for developing lots without the required street frontage. Commissioner Smith noted that this proposal permits the immediate development of the property without obstructing the improvement of a public street in the future. MS (Smith-Renneisen) The Commission approves the conditional use permit application to create a dwelling group at 674 Second Avenue in the R-1 zone. The motion carried by the following vote: AYES: Commissioners Smith, Renneisen, Starr and R. Johnson NOES: Commissioners Chandler, G. Johnson and Pressutti Director of Planning Peterson suggested that the Commission request the staff to come back with appropriate conditions of approval prior to adoption of a resolution. MSUC (Renneisen-R. Johnson) The Commission requests that conditions of approval be presented for Commission consideration at the meeting of August 24. 5. PUBLIC HEARING: Conditional Use Permit PCC-78-2 - Operate motorcycle sales and service facility at 310 Broadway in C-T zone - Richard Crocker (Town and Countr~ Kawasaki) Associate Planner Liuag noted that this property, approximately one acre in size, is developed wi th two structures, with the building to the south occupied by a mattress firm and the other building partially occupied by a dentist's office. The applicant proposes to locate a motorcycle sales and service establishment in the 4,000 sq. ft. area previously occupied by a carpet store and now vacant. The site is properly fenced, with a 6 ft. high block wall on the south and west property lines adjacent - to residential uses. The staff recommends approval of the request subject to six conditions enumerated in the report, which are similar to the conditions imposed in the approval of the Holiday Honda shop. This being the time and place as advertised, the public hearing was opened. -5- ~ August 10, 1977 Mr. Crocker indicated his presence and his concurrence with the recommended condi- tions. Marshall Compton advised that he is the agent for the owner of the multiple family dwellings to the west of this site and is concerned over the noise which,may affect those tenants. Frank Mohaupt, owner of the mobile home park adjacent to the south of this site, indicated his reluctance to obstruct the owner from leasing the property but felt he would be remiss to his tenants if he did not voice some objection. He expressed concern over noise resulting from the starting of motorcycles in the near vicinity of residential uses. He felt that based on information he received from residents next to an existing motorcycle shop, a project of this nature belongs in an indus- trial zone. Joseph Burkhart, owner of the property, expressed his appreciation for Mr. Mohaupt's concern. He called attention to the number of service shops along Broadway, a number of which generate quite a volume of truck traffic in and out of their pro- perty. Mr. Crocker reported that his operation includes only one full time mechanic, as compared to six mechanics at the Holiday Honda shop. He also advised that he will deal in street type motorcycles, and pointed out that the nearest mobile home is 100 feet from his location, with the mattress shop located on the side of the pro- perty adjacent to the mobile home park. As no one else wished to speak, the public hearing was closed. In response to a question from Commissioner R. Johnson, Mr. Peterson affirmed that there had been complaints from the owner of the mobile home park at the rear of the Holiday Honda shop. However, after a joint meeting with the owner of the mobile home park, the owner, and the manager of the Holiday Honda shop approximately two weeks ago, the problem had apparently been alleviated and no complaints have been received since that time. MSUC (Pressutti-R. Johnson) The Commission finds that in accordance with the Negative Declaration on IS-78-5 and the findings stated therein, this project will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (Pressutti-R. Johnson) Based on the ~indings stated in the staff report, the Commission approves application PCC-78-2 for operation of a motorcycle sales and service facility at 310 Broadway subject to the six conditions enumerated in the staff report. 6. PUBLIC HEARING: Consideration of precise plan for 17 unit garden apartments at 436-440 "L" Street, Charles Offerman Associate Planner Liuag described the precise plan for the development of 17 apart- ment units on the south side of "L" Street between Fourth and Fifth Avenues. He pointed out that the plan meets all of the guidelines of the prezoning with respect to setbacks, building height, open space and parking. All units would contain two bedrooms and the units are divided into single story structures on the southerly portion of the site, adjacent to the single family development, as well as two units in the front, and 2-story townhouse units located toward the center of the site. The 17 units require 34 parking spaces, all of which are provided on the site although it would be permissible to use onstreet parking for some of the guest parking. -6- August 10, 1977 The project includes open space in excess of the amount required, and it is used to good advantage to provide a private patio at both the front and rear of each of the units. The parking area will be screened with walls which will separate pedestrian movement within the site from vehicular movement. Mr. Liuag pointed out a unique feature in the design, in that the chimneylike struc- ture on the roofs may contain solar heating units to provide hot water. That, how- ever, is optional as the owner is still researching this idea. Mr. Liuag noted the staff recommendation for approval, subject to the conditions enumerated in the report and requested that condition "d" be changed to read: "The drainage plan for this project shall be submitted for approval by the Director of Public Works." He advised that the Engineering Division has indicated that the original wording requiring that all drainage flow to "L" Street may be too restric- tive on the development. This being the time and place advertised, the public hearing was opened. Charles Offerman, the applicant, expressed his support of the architectural design of the project and advised that the use of the solar heating would depend on the result of studies being conducted on cost effectiveness, etc. He felt they probably would be installed. In answer to a question from Commissioner Starr, he advised that each chimney structure would contain two solar panels, each about 50% larger than the top of the table in front of the podium. He also advised that all roof vents from the units would be included within that chimney structure. Mr. McLennan, 434 "L" Street, asked where the trash collection area would be. Joseph Wong, architect for the project, advised that it will be at the north corner, near the driveway, for easy exit of the pickup trucks. He also reported that the trash storage area would be enclosed with a 6 foot fence. Mr. McLennan pointed out that the bedrooms of his home are adjacent to the proposed entrance drive of this project and expressed concern over the amount of carbon monox- ide that would be emitted by autos entering or leaving the site and the effect such emission would have on his home and his family. He suggested moving the entrance driveway to the center of the street frontage and providing parking on each side of the drive. He also felt there would be a noise hazard from having the driveway adja- cent to his property, particularly if any tenants rode motorcycles. He indicated the proposed 6 foot fence would not be a barrier against either the carbon monoxide emissions or the noise. It was pointed out that the proposed plan does meet all ordinance requirements for development within the R-3 zone, and in staff's opinion, moving the driveway would require complete redesign of the plan. Mr. McLennan read a letter directed to the Planning Commission by LAFCO at the time the annexation of the property was approved by that agency. It expressed the hope that the Planning Commission would give every possible consideration to the concerns - of the adjacent property owners in considering a development plan for this property. Chairman Chandler pointed out that the Environmental Review Committee of the City had reviewed this proposed plan and determined that there would be no significant adverse environmental impact, and issued a Negative Declaration for the Commission's -7- August 10, 1977 consideration and certification. As no one else wished to speak, the public hearing was closed. MSUC (Starr-R. Johnson) The Commission finds that in accordance with the Negative Declaration on IS-78-5 and the findings stated therein, this project will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (Starr-Renneisen) The Commission recommends to the City Council the approval of the precise plan as submitted, subject to the conditions stated in the staff report with the revision of condition "d" to read: Drainage plan shall be submitted to the Director of Public Works for approval. Mr. McLennan was given a copy of the Negative Declaration for his information with regard to the findings made. 7. PUBLIC HEARING: Consideration of amendments to Section 19.24.090 of the Munici- pal Code, pertaining to open space standards of the R-l-5 district regulations Director of Planning Peterson advised that when a proposed rezoning of the property at Fourth Avenue and K Street to R-l-5 was considered by the City Council along with the proposed tentative subdivision map, the Council expressed their feeling that their intent with regard to open space requirements in the R-l-5 district was not _ properly reflected in the Municipal Code. They requested that a clarification of the wording be submitted to make clear the Council's intent that to justify R-l-5 zoning the subdivider must provide open space within the property being developed. Such an amendment has been prepared and is submitted with a recommendation for its adoption. This being the time and place as advertised, the public hearing was opened. William Edwards, representing the Political Action Committee of the Chamber of Commerce, advised that he has been requested to attend meetings on items of this nature and to remind the Commission of the concerns of business. He felt that in considering a proposal like this, the Commission should tell the public what the added cost of homes will be as the result of such change. He felt the City should give serious consideration to the economic impact of this change. Commissioner R. Johnson pointed out that at the time the Commission recommended approval of the rezoning at Fourth and K to permit 5,000 square foot lots, the developer indicated that the homes to be built would be in the $65,000 price range, so that even reducing the lot size from 7,000 sq. ft. to 5,000 sq. ft. would not get the cost of the homes down to the reach of low income families. As no one else wished to speak, the public hearing was closed. Commissioner G. Johnson expressed support of the proposed amendment, pointing out that the standard for R-1 lots is 7,000 sq. ft. and if the lot size is to be reduced, compensating open space must be provided. If offsite open space is con- - sidered, there is no assurance as to the length of time that space will remain open. Commissioner Pressutti asked for a staff interpretation of the statement in the staff report that "...in the open space requirement of the R-l-5 zone . . the 'in project' open space is the unequivocal standard thereof." He felt that unequi- -8- August 10, 1977 --~ vocal means that at no time, regardless of mitigating circumstances, shall there be variance from this requirement. He contended there should be no "unequivocal" requirement unless it is possible to Obtain a variance for some reason at some time and some place. Director of Planning Peterson pointed out that the wording referred to is not incor- porated into the proposed ordinance amendment. In response to Mr. Pressutti's concern, Mr. Peterson affirmed that a developer could request R-l-5 zoning and request approval of a plan where circumstances might affect the amount of open space required. He pointed out that it is the intent to spell out the requirements so that a devel- oper would have some idea of his chances of gaining approval of a plan. He felt the ordinance should give the developer adequate guidelines of what he must do in order to gain approval from the Commission and the City Council. Commissioner Renneisen questioned why this needs to be a hard and fast rule. He pointed out that if there is an existing park adjacent to a proposed development that should be taken into consideration in determining the need for additional open space which might add to higher lot cost. He understood the Council's desire but was not sure he could support it. Commissioner Smith concurred with Commissioner Renneisen and expressed the opinion that the concept of lot size is not well addressed in our zoning ordinance, since it does not state how much usable space must be contained in a 7,000 sq. ft. lot. In some instances a 7,000 sq. ft. lot might have less usable space than a 5,000 sq. ft. level lot, because of slope conditions. He suggested that further study be given to lot size requirements. Commissioner R. Johnson concurred that the amendment is extremely restrictive. Commissioner Pressutti suggested that each development should be carefully considered when it is presented and that to make the requirements absolute is going a little too far. Mr. Peterson advised that in staff review of a subdivision prior to submission to the Planning Commission, consideration is given to the usable area of each lot. He also pointed out that in a subdivision in the regular R-1 zone some lots may be as small as 5,000 sq. ft. and staff pays particular attention to the usability of those lots as part of the subdivision review process. MSUC (G. Johnson-Pressutti) The Commission finds that in accordance with the Negative Declaration on IS-78-7 the proposed amendment to the Municipal Code will not have any significant impact upon the environment, and certifies that the Nega- tive Declaration was prepared in accordance with CEQA, 1970, as amended. It was moved by Commissioner G. Johnson, seconded by Chairman Chandler, that the Commission recommends to the City Council the adoption of the amendment to Section 19.24.090 as stated in the staff report. In discussion of the motion, Commissioner Renneisen asked if there are options to adopting the proposed amendment. -- Commissioner Pressutti asked for a clarification of the word "should" as it relates to the provision of open space. If the word were "shall" the provision of open space would be mandatory but with the use of the word "should" there appears to be some area for utilization of discretion by the commissioners and on that basis he could support the amendment. -9- August 10, 1977 Commissioner Starr concurred that use of the word "should" provides the ability to circumvent the requirement under certain circumstances, such as lots next to a park. Mr. Peterson felt it does leave the door open for such consideration. Commissioner Smith pointed out that the Commission has the ability to initiate a further amendment if it is deemed necessary in the future. The motion for a recommendation of approval of the proposed amendment passed by the following vote: AYES: Commissioners G. Johnson, Chandler, Pressutti and Starr NOES: Commissioners Smith, R. Johnson and Renneisen DIRECTOR'S REPORT Director of Planning Peterson advised that the Council has recently announced the appointment of John O'Neill to fill the seat being vacated by Commissioner Starr. He also reported that the study session to be held next week will include a showing of the movie called, "The Incredible Bread Machine" which will be introduced and shown by Truman Brooks, a local realtor. The session will also include slides taken of developments in the City of Carlsbad. - COMMISSIONS COMMENTS Commissioner Pressutti advised that he would be absent from the next business meeting. Commissioner G. Johnson advised that she would also be absent on August 24. ADJOURNMENT Chairman Chandler adjourned the meeting at 9:00 p.m. Respectfully submitted, Helen Mapes, Secretary