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HomeMy WebLinkAboutPlanning Comm min 1977/06/22 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA June 22, 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, Starr, R. Johnson, G. Johnson and Renneisen. Absent (with previous notification): Commissioner Pressutti. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, City Attorney Lindberg and Secretary Mapes. APPROVAL OF MINUTES MSUC (R. Johnson-G. Johnson) The minutes of the meeting of June 8, 1977 be approved as mailed. Commissioner Renneisen abstained from voting due to his absence from that meeting. ORAL COMMUNICATIONS Chairman Chandler called for oral communications and none were presented. 1. Consideration of EIR-77-4 for implementation of first phase of Chula Vista Bayfront Redevelopment Director of Planning Peterson reported that the first phase of the Chula Vista Bayfront Redevelopment, as covered by this Environmental Impact Report, will include the extension of Tidelands Avenue, a grading plan for the north section of the Bayfront area, location of utility lines and a drainage plan for the area. Mr. Peterson noted that this report was the subject of public hearings on May ll and June 8, and also that considerable input was received from various State and Federal agencies, which has been included, along with the necessary response, in the Environmental Impact Report which is now presented for adoption as the final EIR for the first phase of Bayfront Redevelopment. MSUC (Renneisen-R. Johnson) The Commission adopts EIR-77-4 with the inclusion of the written input and response thereto as the City's final Environmental Impact Report for implementation of the first phase of Chula Vista Bayfront Redevelopment. 2. PUBLIC HEARING (Cont.) Consideration of Precise Plan PCM-77-20 for a 4 lot split and construction of 3 single family dwellings at 1394 Hilltop Drive - David Eyres Director of Planning Peterson noted that this hearing was continued from the meeting of two weeks ago due to a problem in providing adequate offstreet parking for the existing triplex located on one of the lots. The applicant is now in the process of modifying his plans to provide a solution to that problem and has agreed~o a further continuance to the next Commission meeting. At that time a plan should be available for Commission consideration. MSUC (Renneisen- Smith) The public hearing in consideration of Precise Plan PCM-77-20 be continued to the meeting of July 13, 1977. -2- June 22, 1977 3. PUBLIC HEARING: Conditional Use Permit PCC-77-9 - Request to operate sports car restoration facility at 615 Chula Vista Street in C-T zone - James Darnell Director of Planning Peterson advised that this proposal is for an automobile repair shop to occupy an existing building located on a 5400 sq. ft. lot just west of Broadway and adjacent to R-3 zoned property. The use would involve light mechanical work and also body and fender work and painting. The building is presently occupied by an automotive garage which does not do body work. Through an oversight a business license was issued for that garage without requiring approval of a conditional use permit, but that operation is now vacating the property. Mr. Peterson pointed out that the building was not originally designed for auto- mobile repair use and does not meet all of the fire and building code requirements for such use; certain modifications would be required if the conditional use permit is approved. Due to the residential use adjacent to this site, the staff feels that automotive repair especially when it involves body work is incompatible with residential use in this close proximity. It was also pointed out that the curb cut in the front of the lot does not line up with the narrow driveway at the side of the building which leads to the garage door at the rear of the building. There is limited onsite parking area and there is concern that cars waiting for repairs or those which have been completed might be parked in the right of way or on the street. This would tend to further the incompatibility with the residential area. Mr. Peterson noted that the motel site across Chula Vista Street appears due for redevelopment and an incompatible use on the subject site could be detrimental to a redevelopment effort. After considering the a~ove factors the staff could not make the necessary findings that the proposed use for automotive repair would contribute to the general welfare of the area or be compatible with the neighborhood. It is recommended that the application be denied; but if, after receiving testimony in the public hearing, the Commission feels the request should be approved, a list of conditions to improve the site and regulate the operation have been included in the staff report for the Commission's consideration. This being the time and place as advertised, the public hearing was opened. James M. Darnell, 954 Melrose Avenue, the applicant, pointed out that while part of the objection is based on the noise associated with body work, the environmental committee reported that this was found to be within tolerable limits and that with the proper mitigating measures there would not be an adverse affect. In response to a question raised by Commissioner G. Johnson, Mr. Darnell advised that the building does have a floor drain. Mr. Darnell also asserted the site layout would not be a problem for access of sports cars, which are smaller in size. He also expressed the opinion that the construction of the building does meet the code requirements for the type of use he proposes. -3- A June 22, 1977 Mr. Darnell was unable to estimate the percentage of the restoration work that would involve body and fender work, but indicated he would not work on totally damaged cars. In order to be economically feasible for restoration, Mr. Darnell indicated a car would have to be in pretty good shape. Commissioner Renneisen asked if Mr. Darnell woQld agree with the conditions recommended by the staff. Mr. Darnell expressed the opinion there are better avenues for protecting the residents from noise than the 6 foot wall. He suggested that insulation added to the inside of the building would result in more effective sound suppression than a 6 ft. wall at the property line. Ruben Estrada, 617 Chula Vista Street, resident adjacent to the site, pointed out that either engine work or body work would require air powered tools and the running of a compressor. He felt a 6 ft. wall would not stop the noise. He also pointed out that operation of a paint booth would result in objectionable fumes and odor to the nearby homes. Mr. Peterson reported that letters of objection were received from Mrs. F. J. Vallee, 622 Chula Vista Street, and Ruth Leacy, 624 Chula Vista Street. Dick Halferty, 28 Palomar Drive, owner of the property, reported that the electrical installation in the building was performed under a building permit and according to code two years ago. He also asserted the building was located in accordance with code requirements for setbacks. He pointed out there is a 20 ft. by 50 ft. parking area at the rear of the building and a 20 ft. by 50 ft. area in the front. He indicated the curb cut could be modified if necessary. As no one else wished to speak, the public hearing was closed. Commissioner Renneisen spoke in favor of approving the request, pointing out there is a distinction between a body and fender shop and the restoration of cars, since the latter involves more detail work. He felt the findings contained in the Negative Declaration on IS-77-42 could be applied as affirmative findings for approval of the conditional use permit subject to mitigating measures for noise control and the application of performance standards. It was moved by Commissioner Renneisen, seconded by Commissioner Smith, that conditional use permit application PCC-77-9 be approved. The motion failed to pass by the following vote: AYES: Commissioners Renneisen, Smith, Starr NOES: Commissioners Chandler, R. Johnson, G. Johnson ABSENT: Commissioner Pressutti Director of Planning Peterson advised that if it is the applicant's desire, the Commission could adopt a motion to reopen the public hearing and continue the matter until the full Commission is present. As an alternative he may appeal to the City Council. It was indicated by the Commissi~on that the full membership would not be present for the July Meetings. MSUC (Renneisen-Starr) The Commission certifies the Negative Declaration on IS-77-42 for the proposed project. -4- June 22, 1977 4. PUBLIC HEARING: Consideration of Zoning Text Amendment PCA-77-3 relating to public and quasi-public special event signs. Director of Planning Peterson advised that requests are frequently received from churches and other nonprofit organizations to publicize special events which they have. There is presently no provision in the code for temporary signing. Commissioner Starr brought this to the attention of the staff and asked that consideration be given to adopting regulations for such signing. The proposed amendment limits the size and height of such signs and limits the duration of their use. It provides that the material, color and design of such signs be approved by the Zoning Administrator. Commissioner G. Johnson suggested that the statement, "There shall be a minimum period of thirty days between the commencement dates of permits.", be deleted from the regulations because frequently various clubs or groups are sponsored by one organization and their scheduling of special events may occur in a shorter time than thirty days. She felt the restriction of six sign permits to one institution in a calendar year would preclude the over use of such signs. Mr. Peterson advised he had no objection to deleting that sentence from the proposed amendment. 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 (Starr-R.Johnson) The Commission recommends that the City Council adopt an amendment to Chapter 19.60 to regulate public and quasi-public special event signs as stated in the staff report with the deletion of the last sentence in subsection 3. 5. PUBLIC HEARING: Consideration of Zoning Text Amendment PCA-77-11 allowing cardrooms in the C-C and C-T zones subject to a conditional use permit Current Planning Supervisor Lee advised that the City Council recently amended the City Code to allow one cardroom per 25,000 residents in the city, and then adopted an emergency ordinance to allow that use in the C-C and C-T zones subject to approval of a conditional use permit. The Council requested that the Planning Commission consider the adoption of a permanent~amendment to make cardrooms a conditional use in the C-C and C-T zones. The ordinance which limits the number of cardrooms provides for the licensing and control of that use, limits the number of tables for any establishment to 8 and the maximum number of people per table'~o 8, limits the hours of operation, restricts persons under 21 years of age from play, and prohibits the drinking of alcoholic beverages on site. Since those controls are already included in the code, the staff felt no further restrictions are needed in the amendment which specifies cardrooms as a conditional use permit procedure. It is recommended that the amendment as stated in the staff report be adopted. 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 (G. Johnson-Renneisen) The Commission finds that in accordance with the -5- June 22, 1977 Negative Declaration on IS-77-41 and the findings stated therein, this ordinance amendment will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (G. Johnson-R. Johnson) The Commission recommends that the City Council adopt an ordinance to amend the Municipal Code to include cardrooms as a conditional use in the C-C and C-T zones. 6. Report to City Council on recommendation for rezonin9 3.4 acres at the northwest corner of Fourth Avenue and K Street from R-1 to R-1-5-P Current Planning Supervisor Lee reported that at the City Council meeting of June 21 the Council voted 3-2 to deny the rezoning as recommended by the Planning Commission. The Code requires that this matter be referred back to the Planning Commission for further report prior to final action by the Council which is contrary to the Commission's recommendation. Mr. Lee advised that in reviewing the ordinance which established the R-l-5 zone it was noted that certain stipulations must be considered; these include: suitable topography, that is, the creation of relatively level usable lots; the filing of a subdivision map, and the possible requirement of a precise plan; density which relates to the surrounding area; the finding that public facilities would not be over burdened by the resulting development; and that open space is provided or available in the area. The staff believes that the proposed development at Fourth and K meets all of that criteria and that the Planning Commission considered those points in making their recommendation for the rezoning. Mr. Lee pointed out that the developer has filed a precise plan, in which they propose all two story houses so that the footprint of the buildings would be confined to a smaller area. In addition, the average setback between dwellings is 15' which exceeds both the R-l-5 and R-1 zoning standards. The plan also provides architectural features in the form of trim on back sides of the buildings facing adjacent areas. The development is self-contained and does not impose any problems on the adjoining residential area. He further pointed out that another important factor in this small area is that within the central core area of the city, property must be efficiently utilized. This type of density and land use can best be accommodated in areas where all the public facilities are available. The surrounding area is completely developed so this zone change would not promote other R-l-5 zoning in the immediate area. For the foregoing reasons the staff still supports the recommendation for R-l-5 zoning in this area. Commissioner G. Johnson inquired what the Council's main objection has been. Director of Planning Peterson advised that the Council had expressed the opinion that the usable open space should be provided within the subdivision rather than being offsite in the vicinity. Chairman Chandler asserted that the Planning Commission had based their recommenda- tion on the finding of facts which support the application of R-l-5 zoning. -~- June 22, 1977 Commissioner R. Johnson concurred and added that the small area of this develop- ment makes that zoning appropriate. MSUC (R. Johnson-Renneisen) The Planning Commission reaffirms the previous recommendation for rezoning of property at Fourth Avenue and K Street to R-1-5-P. Commissioner Smith abstained due to his absence at the previous meeting, but advised that he is in full support of the recommended zone change. DIRECTOR'S REPORT Director of Planning Peterson advised that he had !nothing to report at this meeting. COMMISSION COMMENTS Commissioner G. Johnson commented on a film entitled, "The Incredible Bread Machine," which she felt might be of interest to the Commission. She indicated it deals with the economy and government. She asked if it might be included in a study session in the future. Commissioner Renneisen reported that he had attended a meeting of the Human Care Services Committee, and it seemed apparent that the chairman of that co~nittee felt their mission is one of developing a social element for the General Plan. He suggested a member of the Planning Department staff monitor or sit in on that committee. Commissioner R. Johnson advised that he would be absent from the two July business meetings. Chairman Chandler noted that the next meeting will be in three weeks, on July 13. ADJOURNMENT Chairman Chandler adjourned the meeting at 8:00 p.m. Respectfully submitted, Secretary