Loading...
HomeMy WebLinkAboutPlanning Comm min 1977/03/23 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA March 23, 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, R. Johnson, G. Johnson, Starr and Renneisen. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Assistant Director of Public Works Lippitt, Assistant City Attorney Beam and Secretary Anderson. ORAL COMMUNICATIONS The chairman called for oral communications and none were presented. 1. Consideration of conditions of approval for Conditional Use Permit PCC-77-2, request to operate automotive service and repair shop at 590 A Arizona Street in C-T zone. Director of Planning Peterson pointed out to the Commission that the public hearing on this item was held on March 9th and that at that time the Commission referred it back to staff to recommend conditions of approval. The staff has recommended 8 conditions for approval of the conditional use permit. Commissioner Renneisen asked Mr. Peterson wb~t specific Building Department requirements staff would require per condition #1 of the staff report. Mr. Peterson stated that the Planning Department did not know what modifications might be required based on the building code since it was not within the jurisdiction of that department, but that the conditions would all relate to the building code requirements f~r this type of occupancy. Chairman Chandler asked Mr. Peterson if all work would be required to be done inside the building. Mr. Peterson answered that technically all operations are to take place inside the building and that the doors should be closed, but due to this type of operation where engines may be running periodically, it should be expected that the doors would be open occasionally. Mr. Chandl~ ~t~ ~h~ ~hi~ ,~ nn+ ~ public hearing but if the applicant wished to speak, he may do so. Fritz Eleiter, 340 Maple Street, declared that he was in agreement with all the conditions except for condition #4, which proposed to limit his hours of operation on Saturday. until noon. He stated that Saturday was one of his busiest days and he would like to keep the operation open until at least 5:00 p.m. Mr. Chandler asked for staff's opinion on keeping this operation open until 5:00 p.m. Mr. Peterson stated that the staff is opposed to keeping the operation open until 5:00 p.m. because of the adjacent residential area and the orientation of the building to that area. -2- March 23, 1977 Ms. Johnson asked if there could be an added condition of reviewing this CUP in one year. Mr. Peterson confirmed that it could be a condition of approval. Mr. Starr noted the 48 hour storage time in condition #5, and asked if the intent was to prevent the storage of older cars. Mr. Peterson replied that it was, and that staff thought that 48 hours was a reasonable time to pick up cars after repair. Mr. Smith expressed concern regarding the delay of ordered parts which could prevent the car from being repaired for some time, and that for this reason he would like to have the 48 hour time limit extended to one week. Also he would like to change the hours of operation to Monday thru Saturday 7:30 a.m. to 6:00 p.m. G. Johnson commented that she would like to see the hours on Saturday stay as recommended by Staff. Mr. Renneisen stated that he agreed with Mr. Smith in that he thought that this business would be no more of a detriment on Saturday than any other day, so he would like to see the hours of operation on Saturday change to 7:30 to 6:00 p.m. the same as the other days. Mr. Pressutti indicated that he would like to see this operation have an automatic review in one year, as one of the conditions of approval. MSC (Pressutti-Smith) The Commission approved the Conditional Use Permit PCC-77-2 to operate an auto service and repair shop subject to the conditions enumerated in the staff report and with modifications to Condition #4 to change the hours on Saturday from 9:00 a.m.-12:00 Noon to 7:30 a.m. - 6:00 p.m. and condition #5 extending the time limit of storage of cars from 48 hours to one week, and adding the condition to bring this item back automatically in one year for review of conditions. The vote was as follows, to-wit: AYES: Commissioners Pressutti, Smith, Renneisen, C.vv,,,,~v,,,~ .... R. Johnson, Starr N(~ES: Commissioners Chandler, ~ G. Johnson orrection to minutes offered April 6 reversed voting of G. Johnson and Starr.) Mr. Pat Barrajas, 375 J Street, owner, questioned the Commissioners in regard to any changes required in the building required at this location. Mr. Peterson pointed out that this was a requirement of the Building Code which must be complied with in order to occupy the building, because the building was not designed for this type of use. He noted that this was outside the Planning Commission's jurisdiction. Mr. Renneisen declared that he would like it clarified as what was to come before the Commission in one year. He asked whether it would be a review of compliance with the conditions or, reconsideration of the item to determine whether the conditions attached were appropriate, or whether new conditions should be imposed or existing ones modified. -3- March 23, 1977 The Commission made it clear that they wanted this operation to be reviewed in one year to deten~ine whether or not the conditions imposed were appropriate rather than just whether the applicant was complying with the conditions set forth at this time. The City Attorney advised the Planning Commission that this was acceptable as long as the resolution states that the Conditional Use Permit is valid for a period of one year. 2. PUBLIC HEARING: PCZ-77-I Rezonin9 from R-1 to R-3-P-12 at Third Avenue extension and Kimball Terrace - Michael Roark Director of Planning Peterson explained that this was a request for a rezoning of ~4~ acres from R-1 to R-3-P-12 for the future construction of a 5 unit apartment. He stated that staff had mixed feelings about the application. He spoke of the various problems of the site including encroachment into an R-1 area, access from 3rd Ave. vs access from Kimball Terrace, off-site parking, and the topography of the lot. Mr. Peterson mentioned that he disagreed with the conclusions of the Environmental Review Committee on the Negative Declaration in regard to traffic but that if the Planning Commission recommended rezoning to R-3-P-12 he didn't see the need for a full EIR. Mr. Starr asked Mr. Peterson if the "P" designation required a precise plan. Mr. Peterson stated that it did, and that the Planning Commission could vary the requirements for this property under the "P" designation. As this was the time and place as advertised, the public hearing was opened. Michael J. Roark, 241 H Street, gave a history of the property and went on to state that he had ~reviouslv submitted plans on this same site for a commercial office and it was denied. He mentioned that a petition had been circulated within the area in opposition of access onto Kimball Terrace, he stated that he was in agreement with the residents and that access would be via Third Avenue. He remarked about the left turn lanes to be installed across the street, the visibility on the hill in both directions on Third Avenue and the traffic on Kimball Terrace vs Third Avenue. Mr. Roark stated that there were misconceptions in regard to the grading of the property and that his engineer was here if there were any questions. Walter Collins, CS&K Architects, San Diego, architect for the project, confirmed that there were some differences in the grading figures presented, 80% was mentioned in the staff report, and he explained that there would only be 49% grading including the area of the building. He advised the Commission that if there were any differences regarding the set back and parking arrangements he would be glad to work with the staff to come up with a more suitable arrangement. Mr. Pressutti inquired about the separation of the R-1 from the proposed R-3 property. Mr. Collins explained that there would be significant landscaping from the top of the hill all the way to the buildings. -4- March 23, 1977 Newton Chaney, 292 Seavale Street, spoke in opposition to the request commenting that egress and ingress to the project was very poor, he also noted the various traffic problems of this area and that he thought this would be an encroachment into an R-1 zone or spot zoning. Bob Nelson, 65 Third Avenue, spoke to the problems of traffic and drainage down Third Avenue. As no one else wished to speak, the public hearing was closed. The Commission discussed the design of the proposed development, the traffic problems at this location, the overall zoning of the area, the issue of spot zoning and the merits of a precise plan for this lot which there would be with an R-3-P-12 zone designation. MSUC (Starr-Pressutti) The Commission finds that in accordance wi th the findings in the Negative Declaration on IS-77-11, the proposed project will not have any significant adverse environmental impacts, and certifies the Negative Declaration. MSC (Starr-Pressutti) The Commission approves PCZ-77-I the rezonin9 of a .44 acre parcel from R-1 to R-3-P-12, subject to the approval of development guidelines which will be considered by the Planning Commission on April 20, 1977 along with the submission of the precise plan. The vote was as follows, to-wit: AYES: Commissioners Starr, Pressutti, G. Johnson, R. Johnson, Renneisen, Smith NOES: Commissioner Chandler 3. PUBLIC HEARING: Consideration of a Precise Plan PCM-77-9 for development of 5 units - Third Avenue extension and Kimball Terrace - Michael Roark As this was the time and place as advertised, the public hearing was opened. As no one wished to speak, Chairman Chandler asked for a motion to continue this item to the meeting of April 20, 1977, so that it may be considered at the same time as the zoning guidelines. MSUC (Renneisen-G. Johnson) The Commission continued this item until the meeting of April 20, 1977 to be heard along with the proposed zoning guidelines for the property. 4. PUBLIC HEARING: Condition~Use Permit PCC-77-5 - Request for extension of hours, increase in children and building addition - 258 Fifth Avenue - Robert S. Thomas Current Planning Supervisor informed the Commission that a condit$onal use permit was approved eiqht months aqo for this use, allowinq a maximum of 10 children operating within the hours of 6:30 a.m. to 6:00 p.m. The staff has noted that - the trips from this facility would correspond to the equivalent of a 6 unit apartment building, the maximum number of apartment units that could be constructed on the site if it were developed as R-3. He reported that the traffic on Fifth Avenue was about 200 trips in the morning and that it increases to about 500 cars towards the end of the day. He stated that the applicant now wants to increase -5- March 23, 1977 the number of children from l0 to 14 and to extend the hours to lO:O0 p.m. Monday thru Thursday and 11:30 p.m. on Friday, with permission for a future expansion of the building at the west end to accommodate another 20 children, for a capacity of 34. Mr. Lee informed the Commission that an application had been submitted in 1974 for the property to the south for proposed pre-school facility for a capacity of 20 children, which was denied. Mr. Lee went on to discuss the problems of the driveway on the site and other approved nursery schools relating to on-site parking, and hours of operation which may be objectionable to residents in the area. Mr. Pressutti asked Mr. Lee if there had been any complaints against this facility and Mr. Lee advised Mr. Pressutti that there had been none. As this was the time and place as advertised, the public hearing was opened. Robert S. Thomas, 650 Floyd Avenue, applicant stated that there would be no problem with the reduction of hours to 10:00 o.m. and went on to describe ~arkina at ~ther sites, the traffic in the area of the ~roi~ct and that th~ r~sidents in the area were not opposed to the proposal. He stated that a widening of the driveway might solve the traffic problem to some extent. When asked by Mr. Renneisen how late the children were outside, Mr. Thomas stated that the children were inside by 4:30 p.m. As no one else wished to speak, the public hearing was closed. The Commission discussed tandem parking on the site and widening of the driveway and the effect that this type of use had on the surrounding residents. MSC (G. Johnson/ R. Johnson) The Commission approves only the increase in the max- imum number of children to fourteen and extending the hours of operation tO 10:00 p.m., Mondays through Fridays, and denying the request for the future expansion to 34 children and the closing time at 11:30 p.m. on Fridays. The vote was as follows to-wit: AYES: Commissioners G. Johnson, R. Johnson, Starr, Renneisen, Smith, Chandler NOES: Commissioner Pressutti ABSENT: None Chairman Chandler advised the applicant that he may appeal the decision of the Planning Commission to the City Council within ten days. 5. PUBLIC HEARING: Conditional Use Permit PCC-77-3 - Request to operate an auto repair shop in C-T zone, 632 Broadway (Leon and Lois Stocker) Director of Planning Peterson described the property, access, and on-site parking and the adjacent area. He also stated that he generally does not support automo- tive garages in close proximity to residential areas when the garage building is oriented toward the residential area. However, in this case because of the loca- tion of the picnic area he doesn't feel that an automotive use at this location would be any more detrimental than any other use allowed in the C-T zone. He recom- mended approval of this application subject to the conditions listed in the staff report with the addition of one more condition, the placement of wheel stops near the west end of the parking area. -6- March 23, 1977 Mr. Starr inquired about work to be done on the lot, whether it would be done in- side the building; he also asked about the practicality of the work area being as small as it is. Mr. Peterson explained that the original use was to be a wheel alignment business, therefore the work area is small, and that one of the conditions is that all work is to be done inside the building, recognizing again, that doors would be open when engines are running. As this was the time and place advertised, the public hearing was opened. Leon Stocker, 8 Bonita Road, applicant, described the operation to take place at this location which consists of working on Volkswagens and foreign cars, and went on to describe the work area. He also asked that the work hours be extended on Saturday from 7:30 a.m. to 6:00 p.m. Pat Barajas, 375 "~" Street, inquired about the requirement for a zoning wall at the west end of the lot. Mr. Peterson informed Mr. Barajas that the existing wood fence is not on the zoning boundary line; it is east of the zone line. He described the fence on the north property line as being about 8 feet tall and the fence on the west is about 6 feet in height, noting that there is also a fair amount of vegetation to act as a buffer and therefore the staff was not recommending the installation of a zoning wall. As no one else wished to speak, the public hearing was closed. Mr. Pressutti pointed out that the Commission should give Mr. Stocker the same conditions as were given at 590-A Arizona as to hours of operation. MSUC (Pressutti/R. Johnson) The Commission finds that in accordance with the Negative Declaration on IS-77-13 and the findings therein this project will have no significant adverse environmental impacts and certifies the Negative Declara- tion. MSUC (Pressutti/R. Johnson) Based on the findings listed in the staff report, the Commission approves the request PCC-77-3 to locate and operate a foreign auto re- pair shop at 632 Broadway subject to the listed conditions with a modification to Condition B, the hours of operation to be 7:30 a.m. to 6:00 p.m., Monday through Saturday, and the added condition of putting wheel stops on the west end of the property next to the fence. 6. PUBLIC HEARING: Consideration of a Precise Plan PCM-77-10 for development of property at 282 Palomar Street for der Weinerschnitzel Restaurant - Thomas-Fletcher-Nicol Current Planning Supervisor Lee commented on the design of the proposed building and described the proposal, the parking, ingress and egress, the sign and the possi- bility of left turn lanes. He pointed out that one of the conditions relates to the fact that there is a sewer problem in the area and that no certificate of oc- cupancy will be given until such time as the sewer problem now being worked on jointly by the City and the County is resolved. He stated that there is a question as to whether there is a present hookup on the property and that if the Council determines that there is a hookup, it must then decide whether this project would make a difference in the amount of sewage now generated. He also stated that he -7- ~- March 23, 1977 hoped the applicant's engineer would work with the City Engineering Department between now and the time that the proposal goes to the City Council to determine if the present use is hooked up to the sewer. Mr. Smith asked if the utility poles would be removed from the front and rear of the proposal. Mr. Lee advised Mr. Smith that the person doing the research on this indicated that there would be no problem undergrounding the utilities;if there was a prob- lem, it could be discussed further, but as far as he knew there was no problem in undergrounding the poles. Ms. G. Johnson asked Mr. Lee where the main entrance was. Mr. Lee described the entrance and the parking and the driveway adjacent to the Handyman property. Ms. Johnson thought it would be better if the applicant did have access to the Handyman property for ingress and egress. As this was the time and place advertised, the public hearing was opened. James McGraw, architect, 654 India Street, thanked the staff for the compliments on the proposal and asked if there were any questions. Mr. McGraw mentioned that he had not received the staff report, but that he had been working with the staff and therefore knew and agreed that the conditions of approval were reasonable. As no one else wished to speak, the public hearing was closed. MSUC (R Johnson/Pressutti) The Commission finds that in accordance with the Negative Declaration on IS-77-15 and the findings therein, this project will have no significant adverse environmental impacts and certifies the Negative Declaration. MSUC (R. Johnson/Pressutti) Based on the findings contained in Section D of the staff report, the Commission approves the precise plan for the drive-in restaurant at 282 Palomar Street subject to the enumerated conditions in the staff report. ORAL COMMUNICATIONS Newton Chaney, 292 Sea Vale, spoke against the approval of the rezoning at Third Avenue and Kimball Terrace, and asked for clarification on the Commission's action. Mr. Chandler informed Mr. Chaney that the meeting of April 20th would be to con- sider the developmental guidelines for the rezoning and the precise plan for the property. DIRECTOR'S REPORT Director Peterson reminded the Commissioners that the League of California Cities dinner meeting is March 24th at Miramar Naval Air Station, and that reservations were to be in by March 18th, but if they wished, they could still make reservations. He also mentioned that the next meeting would be April 6th which is the first Wednesday of the month; this was done so that several staff members could attend the ASPO Conference. He recommended that the Commissioners should go to as many -8- March 23, 1977 sessions as possible and that he had made advance reservations for two Commissioners. Mr. Pressutti asked Mr. Peterson what the hours were. Mr. Peterson reported that there were some night meetings but that most of them would be during the daytime, and that he would get a program to the Commissioners soon. Commissioner R. Johnson informed the Commission that he could not attend the meet- ing of April 6th. Commissioner Smith informed the Commission that he would be absent for all the May meetings. ADJOURNMENT The meeting was adjourned by Chairman Chandler at 8:45 p.m. Respectful l~lubmi tted, ~d~rson~, ~ec~r~~