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HomeMy WebLinkAboutPlanning Comm min 1978/04/26 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA April 26, 1978 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 Commissioners present: Chandler, Smith, R. Johnson, Pressutti, G. Johnson and O'Neill. Absent (with previous notification): Commissioner Renneisen. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Environmental Review Coordinator Reid, Assistant Director of Public Works Lippitt, Assistant City Attorney Harron, 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 Commissioner O'Neill asked that the minutes of the meeting of April 12, 1978 be corrected on page 6 to show that his statement with reference to the Negative Declaration on IS-78-56 was that he questioned the finding of no adverse impact along with a recommendation for denial of the rezoning application. MSUC (R. Johnson-O'Neill) The minutes of the meeting of April 12, 1978 be approved with the correction offered by Commissioner O'Neill. ORAL COMMUNICATIONS Commissioner Chandler called for oral communications and none were p~esented. 1. Review of Home Occupation License for tree maintenance service at 640 Fifth Avenue in R-1 zone - Leo Levesque Director of Planning Peterson advised that at the time the home occupation license was issued last May, the staff had some concern as to the compatibility of this type of operation in the R-1 zone and, therefore, qualified the permit by stipulating that if complaints were received it would be referred to the Planning Commission for review. This home occupation is a tree trimming and maintenance service which includes the use of some heavy vehicles which are stored on the residential lot; namely, two aerial lift trucks, a dump truck and two chipping machines. An operation involving this many vehicles would not normally be permitted in the R-1 zone, and issuance of the license was based on the lot size of 20,000 square feet and the provision of ample landscaping which screens the equipment from the neighboring properties. A complaint with regard to the home occupation was received several weeks aqo. After viewing the si%e the staff did not feel that the permit should be revoked on the basis of one complaint received during a period of one year of operation. Subsequent to preparation of the written report to the Commission, two additional letters have been received from neighboring property owners objecting to this business use, due to the size and number of pieces of equipment, the noise generated by the starting of the trucks, and the dust caused by the coming and going of the trucks from the site. -2- Apirl 26, 1978 Based on the amount of objection the staff is now recommending that the permit be revoked and the applicant be given until June 1st to find another site on which to store the trucks and other equipment. Commissioner Smith asked if onsite parking is provided for the people who come to work and drive away in those vehicles. Leo Levesque, 640 Fifth Avenue, applicantfor.the home occupation license, advised that he employ~ three people, two of whom are his sons. The transportation used includes two motorcycles and one car; the car has been parked on the street but there is room enough on the lot for offstreet parking. He reported that the initial complaint against his operation was filed by a neighbor who had been cited by the City for having an inoperable auto on his premises. He'indicated he would be willing to erect a fence and install additional landscaping, but that it would be a considerablehardship for him to rent another site at this time. He pointed out there is ample space to park the heavy equipment at the back of the lot. He reported that not all of the equipment is used every day and since Fifth Avenue is a heavily travelled street leading to the shopping center, he did not feel his equipment added appreciably to the traffic or to the noise generated. He contended that all complaints were the result of a vindictive act by one neighbor. In response to a question from Commissioner G. Johnson, Mr. Levesque advised that he has not looked into the cost of other arrangements for storing the eqoipment as he is not financially able to make any arrangements at this time. John Kreutzer advised that he lives next door to Mr. Levesque but had not initiated any animosity among the other neighbors. He affirmed that he had been required by the City to remove an inoperable vehicle from his premises because it was in violation of R-1 zone regulations, and he felt the heavy equipment should not be allowed to park in that zone if a little sports car must be removed. In response to a question from Commissioner O'Neill, he responded that the equipment is disruptive to the residential neighborhood due to the coming and going out at the site which becomes unsafe for children. Ken deHaan, 623 Fifth Avenue, voiced the opinion that the permit for such a use is a flagrant violation of the R-1 zone. He contended that the size of the trucks requires that they cross to the opposite side of the street in order to make the turn into or out of the site. He felt the storing of commercial vehicles is polluting to the site and has an effect on the overall community. Commissioner G. Johnson advised that while she is sympathetic to Mr. Levesque's needs, she feels the Commission must be very wary in determining that a home occupation will not be detrimental to the neighborhood. She noted the questions on the permit application relative to storage of equipment and material, increased traffic, noise or site pollution. CommissionerPressutti concurred that the R-1 zone should not have this type of business but felt that a June 1st deadline for removal of the equipment is too short; he recommended allowing six months for the removal of the equipment to give sufficient time for Mr. Levesque to find a suitable location for storage. Commissioner R. Johnson pointed out that even a large lot does not necessarily give the right to store this type of equipment. He concurred with the six months time allowance for removal. MSUC (R. Johnson-Pressutti) The home occupation license permitting the storage of tree maintenace equipment be revoked and Mr. Levesque be given six months to -3- April 26, 1978 find new storage facilities and remove the equipment. It was further noted that it would be permissible for Mr. Levesque to retain the bookkeeping and telephone service for the business at his home. 2. Consideration of request to move single family house to 577 Park Way- Norman Thompson Current Planning Supervisor Lee advised that this applicant proposed to move a single family dwelling and garage on to 577 Park Way from the adjacent lot. The site is a 50' x 300' lot in the R-3 zone and presently has three single family dwellings located thereon. The additional dwelling will be located toward the rear of the lot. He called attention to the five conditions recommended in approval of the moving permit. MSUC (G. Johnson-Pressutti) Based on the findings stated in the staff report, the Commission finds the proposed structures to be compatible with the site and recommends that the City Council approve the moving permit subject to the five conditions listed in the report. 3. PUBLIC HEARING: Variance PCV-78-7 - Request for reduction in required lot frontage and area, 700 block of Glover Avenue in R-1 zone - Kiffe and Blankenship Director of Planning Peterson reported that this is a proposal to create four single family lots from a 28,000 sq. ft. parcel which has frontage on Fourth Avenue and extends to the stubbed out end of Glover Avenue at the rear. The parcel has 108 feet of frontage so it is not possible to divide it and have two 60 ft. widths. It is proposed that two lots fronting on Fourth Avenue would measure 54' x 105' and contain 5,670 sq. ft. each. These lots fronting on Fourth Avenue will be comparable to other lots in the block, while the two lots on the Glover cul-de-sac will be somewhat smaller than existing lots on that street. The staff recommends approval of the variance subject to five conditions listed in the staff report. In response to a question from Commissioner Pressutti, Mr. Peterson advised that the vacant lot to the east of this site is presently landlocked but would be afforded access through the extension of Glover as proposed by this development. This being the time and place as advertised, the public hearing was opened. Clarence Kiffe, applicant, advised of his efforts to purchase additional footage from the owner to the north of the rear portion of this parcel, and that may still be accomplished, thus increasing the size of the two lots fronting on Glover. He expressed concurrence with the recommended conditions with the exception of the second condition which would require the construction of a two car garage for each of the existing single family dwellings. He estimated those two houses have about a 10 year life expectancy and felt the expense of a two car garage is not warranted. He asked the Commission to consider carports for those residences instead of garages. George Aylward, 765 Glover Avenue, expressed concern that the construction of smaller homes would have a detrimental effect on the value of the homes presently existing on Glover Avenue, which are located on larger lots. The Commission noted that the lot sizes proposed would accommodate very adequately -4- April 26, 1978 sized homes and should not detract from the neighborhood. Commissioner O'Neill expressed support of the practice of maximizing the use of land in the inner city. He felt the proposed development has a lot of good features. As no one else wished to speak the public hearing was closed. MSUC (Pressutti-R. Johnson) The Commission finds that in accordance with the Negative Declaration on IS-78-61 and the findings stated therein, this project will have no significant adverse environmental impact, and certifies the Negative Declaration. MS (Pressutti-R. Johnson) Based on the findings contained in the staff report, the Commission approves variance PCV-78-7 for reduction in the minimum lot frontage and area requirements for four lots to be created from the property at 769-773 Fourth Avenue, subject to the conditions listed in the staff report with the modification of condition 2 to delete the requirement for two-car garages and substitute a carport for each dwelling. The motion carried by the following vote: AYES: Commissioners Pressutti, R. Johnson, Chandler, G. Johnson and O'Neill NOES: Commissioner Smith ABSENT: Commissioner Renneisen -- 4. Consideration of request for vacation of 35 ft. wide road easement north of Main Street, Robinhood Homes, Inc. Current Planning Supervisor Lee advised that a 35 ft. wide access road easement was granted to the City some years ago when it was anticipated that the develop- ment of the area north of Main Street would require the extension of First Avenue to serve that property. The applicant and owner of the property has access from Main Street to serve his proposed use of the site and therefore there is no need to extend First Avenue. It is recommended that the Planning Commission recommend to the City Council the vacation of the 35 ft. wide easement. MSUC (Pressutti-G. Johnson) Based on the findings contained in the staff report, the Planning Commission recommends that the City Council approve the vacation of the road easement along the west property line of the lot at 3650 Main Street. 5. PUBLIC HEARING: Variance PCV -78-8 - Request for reduction of rear yard from 50 ft. to zero for construction of mini storage buildin~ at 3650 Main Street - Robinhood Homes, Inc. Current Planning Supervisor Lee discussed the development proposal for a series of mini storage buildings, with an office structure toward the front of the lot. The ordinance requires that buildings on an industrial lot observe a 50 foot setback from a rear property line which abuts residential use. In this case there is a 20' slope in the rear portion of the residential lots and the dwellings are located about 50 feet from the rear property line. This type of warehouse building is relatively low, approximately 10 to 12 feet in height, and should have no impact on the adjacent uses if the setback is reduced. It is recommended that the rear building be placed 5 feet from the rear property line to permit drainage at the rear of the site. Findings in support of approval and recommended -5- ~ April 26, 1978 conditions are contained in the staff report. This being the time and place as advertised, the public hearing was opened. Gary Mingo, representing the applicant, expressed his concurrence with the conditions as recommended. As no one else wished to speak, the public hearing was closed. MSUC (G. Johnson-O'Neill) The Commission finds that in accordance with the Negative Declaration on IS-78-60 and the findings stated therein, this project will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (G. Johnson-Pressutti) Based on the findings contained in the staff report, the Commission approves variance PCV-78-8 for a reduction in the rear yard setback from 50 feet to 5 feet, subject to the conditions listed in the staff report. 6. PUBLIC HEARING: Subdivision PCS-78-3 - Conversion of Touch of Spain Apartments at 383 Mankato Street into condominiums Director of Planning Peterson reported that it is proposed to convert a 16 unit apartment complex located on the north side of Mankato Street, east of Fourth Avenue, into condominiums. Mr. Peterson noted this is the first such request to be presented to the Commission as in the past such conversions were processed as a parcel map which requires only administrative approval. It has now been determined that future conversions shall be handled as a subdivision of the property, which requires a public hearing before the Planning Commission and City Council. Although there have not been many condominium conversions in the past, the number of requestsis increasing. In 1976 one project was approved with 40 units, in 1977, there were 2 projects with a total of 44 units, and in the current fiscal year there have been 4 projects with a total of 156 units. This is not viewed as a serious concern at this point since it does not reduce the amount of housing available but provides an opportunity for home ownership at a reasonable cost. It is recommended that the subject conversion be approved subject to the 7 conditions listed in the staff report. This being the time and place as advertised, the public hearing was opened. Mike Rust, of Biggs and Rust Engineering Company, 124 East 30th Street, National City, advised that he is representing the owners of this property. He expressed concurrence with the conditions with the exception of No. 4 which requires all electrical wires and cable to be placed underground. He is not sure where the cable is now located and if it is not underground, it might be hard to go under- ground for just one lot of this size. Mr. Peterson advised this is a standard requirement, but there is a procedure by which a deferral or waiver of this requirement may be requested. Mr. Rust also questioned whether residential construction tax, as required in condition 7, had been paid when the apartments were built. It was affirmed that the tax was not previously paid on these units. Arthur Meyers, 383 Mankato Street, Apartment 10, reported that in their 16 unit -6- April 26, 1978 complex only four of the residents are employed; the rest are retired senior citizens. They did not receive notice of this hearing and were not aware of the proposal~for conversion until two days ago. He expressed concern that approval of this request would set a precedent which would make it very difficult for residents who could not afford to purchase their unit. Assistant City Attorney Harron pointed out that the law requires that tenants be given 120 days written notice before the owner terminates the tenancy. As no one else wished to speak, the public hearing was closed. The Commission expressed concern over the trend toward more conversions, and it was pointed out that Chula Vista has approximately 6900apmtment units, of which 240 have been converted to condominiums. It was also noted that there is not a lot of discretion given to the City to approve or deny such requests. If the proposal conforms to the Subdivision Map Act, the staff is obligated to recommend approval. Commissioner Pressutti advised that despite his own personal bias against converting apartments to condominiums, he felt there was no way that he could vote no on the request because all of the qualifications have been met. Assistant City Attorney Harron affirmed that any decision which the Co~ission makesmust be based on valid land use reasons. MSUC (R. Johnson-Smith) Based on the findings contained in the staff report, the Commission recommends that the City Council approve the tentative subdivision map, PCS-78-3, for Touch of Spain, subject to the 7 conditions listed in the staff report. Commissioner Pressutti expressed the opinion that despite this action it is appropriate that the City Council address the concerns which the Commission has regarding the conversion ofapar~ments to condominiums, and initiate an ordinance to set guidelines for such conversions that would have the least effect on the current occupants and would slow this trend. Commissioner G. Johnson asked that the staff explore the possibility of making sure that the occupants of apartments proposed for conversion be notified of the public hearing for consideration of that action. Director of Planning Peterson indicated those concerns would be forwarded to the Council when they consider this application. 7. PUBLIC HEARING: EIR-78-7 - For 3 story motel and restaurant on south side of Otay Valley Road west of 1-805 - Carl Salatino Environmental Review Coordinator Reid advised that this is the first Environmental Impact Report in a series which will cover various development proposals on property in the vicinity of Otay Valley Road and 1-805. This report covers the development of a restaurant with a seating capacity of 155, and a three story motel with 105 rooms, plus a meeting room and manager'sapm~tment/office. Grading of the site will include importing about 35,000 cubic yards of fill which will raise the site a maximum of 4.5 feet. Although the site contains expansive soils, the imp6rting of fill material will mitigate problems which might otherwise result. -7- April 26, 1978 The traffic to be generated by this development can be accommodated by the existing streets but on a cumulative basis, it may become necessary to install traffic signals at the intersection of Melrose and Otay Valley Road. The report also suggests measures to~tigate the noise generated by the rooftop air handling system for the restaurant. The motel will be exposed to traffic noise which will require closed windows to achieve an acceptable interior nosie level. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. MSUC (O'Neill-Smith) The Commission certifies that EIR-78-7 has been prepared in accordance with CEQA and the Environmental Review Policy of the City of Chula Vista, and that the Commission has reviewed the information contained in the EIR. 8. PUBLIC HEARING: EIR-78-10 - Plaza Valle Verde community shopping center on the south side of Otay Valley Rd, east of Melrose Avenue Environmental Review Coordinator Reid reported that this EIR relates to a proposed amendment to the General Plan for approximately 7 acres, and at a later date a rezoning and precise plan for development of the property. The proposed project consists of a community shopping center with 70,000 square feet of floor area. The center would include a market, drug store, and other retail, office and restaurant uses. - In order to provide better exposure to Otay Valley Road, fill would be imported to raise the site three or four feet. While there will be a cumulative impact due to increased traffic in the area, this project can be accommodated by existing street improvements although the intersection of Otay Valley Road and Melrose Avenue may have to be signalized. The project could have an adverse noise impact on the adjacent residential uses, but the report contains mitigating measures to lessen this impact. It is also recommended that some means of retaining the existing grove of eucalyptus trees on the site be explored. The Environmental Control Commission has reviewed the report and recommended its certification, but voted 5-1 to express opposition to the proposed General Plan Amendment. This being the time and place as advertised, the public hearing was opened. Scott MacLeon, 285 Rancho Drive, expressed disagreement concerning the noise impact on the residents living to the south. He did not support the recommenda- tion for a 10 foot wall to mitigate the sound, as he felt such a wall close to the windows of some of the residential units would not be desirable. He also expressed concern about the traffic in the area in general, commenting on the tendency of children to play in the streets, - John Newport, 309 A Rancho Drive, president of Rancho ~ios East Homeowners Association, raised a number of concerns on behalf of the residents. He strongly urged that the 40 year old stand of eucalyptus trees be retained. He also felt that a 10 foot wall would not be a thing of beauty and would attract all types of writing. -8- April 26, 1978 He suggested planting small trees in front of the fence of having ivy grow on it. He questioned whether it would be a solid wall, or would have openings, which would create problems with children as well as adults riding motorcycles back and forth. He spoke of the roadside planting and underground sprinkler system along Melrose Avenue to the north of the housing project and questioned what effect the proposed dev~opment would have on that landscaping. Mr. Newport reported that he had not received notice in the mail of this hearing, although he did receive notice concerning the EIR previously acted upon. When questioned as to his knowledge of this hearing he advised that he had seen the EIR in the library when he went to check on the other one, and that report noted the date of the public hearing. He therefore notified other members of the homeowners association through their local bulletin and that action resulted in the sizable turnout present at this meeting. Mr. Peterson explained that the names of property owners are on a magnetic tape, and a computer prints the mailing labels used to mail out notices of hearings. He assured that in this instance two lists were printed and two sets of mailings went out. Bill Johnson, 273 A Rancho Drive, added his endorsement to the concerns raised by the two previous speakers. Randall McQuain, 1640 Maple Drive, no. 20, advised that he is vice president of the home owners association of Autumn Hills No. 1 and was speaking for all 80 residents at that site. He strongly supported the construction of a shopping center in this area, pointing out the need for such facilities, due to the continuing expansion of residential development in the area. Ed Capatumini, resident at Autumn Hills No. 1, expressed that this is the greatest thing that could happen to the area, noting that it would place shopping facilities within walking distance of a large number of residents. Sid Xinos with the consulting firm of Schwerin, Xinos and Associates, advised that they represent DAWAT, developer of the proposed project. He spoke to issues raised by the audience in regard to the EIR. He advised of their intent to preserve the eucalyptus grove by designing the project around it. With regard to the l0 foot wall, Mr. Xinos noted that was a suggestion made.by an acoustical consultant as a means of mitigating noise. He did not feel, however, that a wall of that height would be required and they will attempt to lower the height as much as possible for economic as well as aesthetic reasons. He indicated it would be a solid wall, without openings into the residential area, for security purposes. As no one else wished to speak the public hearing was closed. MSUC (O'Neill-R. Johnson) The public hearing on EIR-78-10 be closed and consider- ation of adoption of the final EIR, including input from this meeting and response thereto, be scheduled for May 10, 1978. 9. PUBLIC HEARING: Consideration of General Plan Amendment GPA-78-2 to change 7.18 acres at the southeast corner of Otas Valley Road and Melrose Avenue from Visitor Commercial to Retail Commercial -9- April 26, 1978 Director of Planning Peterson reported that this hearing was scheduled in anticipa- tion that EIR-78-10 would be certified at this meeting. Inasmuch as the EIR has not been adopted it will be necessary to continue this item until May 10. MSUC (G. Johnson-R. Johnson) The public hearing in consideration of General Plan Amendment GPA-78-2 be continued to the meeting of May 10. COMMISSION COMMENTS Commissioner O'Neill expressed grave concern over the trend toward conversion of apartment units into condominiums and felt there should be some guidelines or some means of controlling this in order to provide apartments for retired people on fixed income. ADJOURNMENT Chairman Chandler adjourned the meeting at 8:50 p.m. Respectful ly submitted, Helen Mapes, Secr~etary