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HomeMy WebLinkAboutPlanning Comm min 1978/02/08 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA February 8, 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 members present: Chandler, Smith, G. Johnson, Pressutti, R. 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 MSUC (R. Johnson-O'Neill) The minutes of the meeting of January 25, 1978 be approved as mailed. ORAL COMMUNICATIONS Chairman Chandler called for oral communications and none were presented. 1. Consideration of request for deferral of public improvements, 1590 East "H" Street - Church of Jesus Christ of Latter Day Saints Director of Planning Peterson noted that the conditional use permit, approved by the Planning Commission on November 23, 1977, for construction of a church on East "H" Street, required the installation of public improvements to "H" Street adjacent to the property. The church has applied for a deferral of those street improvements, and that request has been measured against the findings as required in Section 12.24.010 of the Municipal Code, and it was determined that this particular application does not comply with those findings. This request meets only the last finding, which deals with the desirability of constructing the particular street improvement as part of an overall project. This finding is most applicable if there are plans for future installation of overall improvements through a 1911 Ac% or similar proceeding. In the absence of an affirmative finding that the installation of the street improve- ments would be premature, would cause a hazardous condition, or result in incompatibility in the neighborhood, it is the staff's recommendation that the request for deferral be denied. Mr. Peterson acknowledged that the construction of the required street improve- ments at this time would not significantly benefit the church or the surrounding property. However, it is normal that public improvements be installed at the time of development of property unless findings to support deferral can be made. Commissioner G. Johnson asked if this segment of East "H" Street is not needed to reach driveways as previously approved on the development plan. Mr. Peterson advised that due to problems resulting from the difference in elevation, the church has modified their circulation pattern and moved the access driveways to the eastern portion of the property, so that access will -2- February 8, 1978 be taken from the portion of East "H" Street which is already improved. Commissioner Smith reviewed the extent of improvements required of the church, noting that in addition to full improvement of the south half of the street, they are required to install curbs for the center median and also 24 feet of pavement on the far side of the street. He suggested that the Commission consider a middle ground and require that the Church pay only for the street improvements on their side of the street. He expressed the opinion that the installation of the center median should be a community responsibility rather than required of one property owner. He recalled that in times in the past the abutting property owner has been required to pay only for normal street improvements for one-half of the street and not pay for installing the median or improvements on the other side. Mr. Peterson pointed out that to change the extent of improvements required would, in effect, be a modification of conditions which were adopted in approving the conditional use permit application. The Church has not asked for such modification and he felt it could not properly be considered by the Commission at this time. Although not an advertised public hearing, Chairman Chandler offered the Church an opportunity to speak to their request. Kenneth Appleby, chairman of the Building Committee for the Church of Jesus Christ of Latter Day Saints, asked if an affirmative finding of any one of the conditions listed in Section 12.24.070 would justify granting the deferral, or i~ all four findings must be made, inasmuch as the wording uses the word "or" between the various conditions. Assistant City Attorney Harron advised that the wor~ "~r" when used in legislation can be in the disjunctive or the conjunctive sense depending on the intent of the legislature. In this section of the Municipal Code it has been interpreted in the conjunctive sense, as a synonym for "and". Mr. Appleby pointed out that at the time the condition for improvement of the street was included in the resolution of approval~he Church plans provided for a driveway going ~round the building and across the west end of the property to provide ingress and egress on the portion of "H" Street to be installed. Since that time it has been determined that due to elevation differences it would be impractical to have a driveway at that location, and therefore the main entrance was moved to the east end of the building, which obviates the need for extension of "H" Street at this time. Mr. Appleby advised that in order to properly landscape the front of the property, it is their intent to install concrete steps down the slope bank, as well as the sidewalk, curb and gutter adjacent to their property. The only portion of the improvements which they feel is impractical at this time is the asphaltic pavement and the curbs for the center median. He felt that all four conditions can be found to qualify the Church for a deferral. He maintained that extending the street would only provide overflow parking for the residents along "H" Street. He pointed out that directly across from the area to be improved is a parking lot for the high school with only a low curb to prevent cars, motorcycles and bicycles from coming from the parking lot onto "H" Street. He reported that tracks in the dirt will bear out the fact of frequent travel over the curb from Columbia Street onto the Church's property. This is a hazardous practice which should be avoided. -3- February 8, 1978 He also contended that paving the street is impractical since little use could be made of the area to be improved until the street is extended to Otay Lakes Road. Commissioner Pressutti commented that he could see that the installation would not create a hazardous condition; he could also see there is some compatibility with the neighborhood since a few yards of concrete doesn't make any difference. He could see where the finding can be made that it is not pre- mature or impractical. He further avowed that he would not only accept but would seek judicatory chastisement in order to insure that the word "or" is here and forever interpretted in its disjunctive concept only. Since the fourth finding has been made, that it would be desirable to install said improvements as a part of the overall plan for the development of public improvements within the area, he moved to grant the deferral. Commissioner O'Neill seconded the motion if it were amended to include the conditions set forth in the staff report should the Commission determine it is appropriate to approve the request for deferral. Commissioner Pressutti agreed to include the conditions in the motion for approval. The motion carried by the following vote: AYES: Commissioners Pressutti, O'Neill, G. Johnson, Chandler and Smith NOES: Commissioner R. Johnson ABSENT: Commissioner Renneisen 2. Consideration of request for extension of time on variance PCV-76-13 for use of temporary trailers, 3 North Second Avenue - Vista Hill Hospital Current Planning Supervisor Lee noted that in July 1976 the Planning Commission granted a variance to allow the use of three mobile commercial coaches for a period of two years while the hospital facilities were being enlarged. A representative of the hospital has advised that their plans for expansion of facilities at this site have now been abandoned due to the high cost of the renovation work required. They are instead seeking a new site for relocation. Mr. Lee advised that subsequent to the granting of the subject variance, the zoning ordinance has been amended to allow the temporary use of mobile coaches for three years under the conditional use permit procedure. The staff would have no objection to a three year extension for the use of the mobile coaches at the hospital site. MSUC (O'Neill-G. Johnson) The Commission approves a three year extension of time for variance PCV-76-13, the variance to expire on July 26, 1981. 3. PUBLIC HEARING (Cont.): Conditional Use Permit PCC-78-22- Request to locate storage yard in flood plain area, west of North Fifth Avenue, north of "C" Street in the I-L-F zone - Dixieline Lumber Co. Current Planning Supervisor Lee noted that this request is tied in with the lumber company's request for construction of a building within the National City area, and the EIR on that project will not clear until February 13. It is recommended that this hearing be continued to the meeting of February 22nd. -4- ~bruary 8, 1978 MSUC (R. Johnson-Smith) The public hearing in consideration of PCC-78-22 be continued to the meeting of February 22, 1978. 4. PUBLIC HEARING: Consideration of Environmental Impact Report EIR-78-6 for Fire Fighters' Trainin9 Facility and expansion of Gre~ Ro~ers Park Environmental Review Coordinator Reid reported that this project, in a different location, was the subject of a public hearing a little over a year ago under a previous environmental impact report. A new EIR was required due to the change in location of the project. This project includes the extension of Greg Rogers Park between the future extension of East Naples Street and the SDG&E right of way. That expansion would involve approximately 24 acres. Also included in the project will be the construction of the Fire Fighters' Training Facility, which would include severalstructures, namely, a five story training tower, an environmental building in which to conduct fire training operations with live fires, a general purpose building for offices and classrooms, pumper test pit to be used for testing the ability of the trucks to pump the water from hydrants onto fires, and two flammable liquid test pits. Included in the park expansion would be two or three lighted baseball fields, parking for 60 to 90 cars, bleachers, a multiple use sports field, lighted tennis court and racquetball facilities. A representative from the Fire Department to provide detailed information on the Fire Fighters' Training Facility was unable to be present at this meeting. The EIR notes the expansive soil condition in this area as well as the location of earthquake fault traces in the nearby vicinity. The site presently has a low ambient noise level and with the construction of these facilities that level would be increased due primarily to sports activities. Some mitigation measures will be required to lessen the effect of the lighted ball fields. The sports activities will also generate increased traffic on East Naples and on Oleander Avenue. Mr. Reid acknowledged the written comments from the Air Pollution Control District with regard to the open burning which would occur at the site. This would possibly impact the hospital site and residents in the general vicinity and, under certain conditions, the park located west of the proposed site. Mr. Reid felt that the degree of impact has been overstated by the A.P.C.D. due probably to their misunderstanding of the operation of the facility. He acknowledged a need to expand that section of the report to more fully detail the type of activities that will take place. The Environmental Control Commission has also submitted comments on the energy consumption of the facility, the intrusion of noise and glare, esthetic impact, loss of agricultural land, and the air quality impacts. It is recommended that the public hearing be opened for testimony, then closed, and consideration of the final EIR be scheduled for February 22. Commissioner O'Neill asked if this project includes any type of smoke abatement system, such as an afterburner, or anything in that nature. -5- February 8, 1978 Mr. Reid reported that the Fire Department has not proposed that type of facility, although they are aware that the A.P.C.D. would like to see an after- burner or a scrubber type of system to alleviate the problem emanating from the environmental building. It would not be feasible to include that in the open pit burning operations. Commissioner Smith noted that the EIR indicates the requirement for a geologist to be present to identify any hazards. He asked what would be done after that identification. Mr. Reid indicated the geologist would make a recommendation to the engineers and if a substantial hazard was indicated it would possibly require a redesiqn of the pro~ect. This being the time and place as advertised, the public hearinq was opened. No one wished to speak and the public hearinq was declared closed. Commissioner O'Neill expressed considerable surprise that no one appeared at the public hearinq. Based on his former connection with the Navy Fire Fi~htinq facility he considers it a real can of worms, and a project which the Commission will want to give careful consideration. MSUC (Pressutti-G. Johnson) Consideration of the final EIR-78-6 be scheduled for the meeting of February 22, 1978. 5. PUBLIC HEARING: Variance PCV-78-5 - Request to create two lots with less than 60 feet of street frontage, 101 Second Avenue- James Howard Director of Planning Peterson noted the long narrow lot containing in excess of 16,700 sq. ft. , which is presently developed with two single family homes. It is proposed to divide the parcel into two lots, in which the front would contain 5500 sq. ft. and have 59 feet of frontage. The lot to the rear would have 15 feet of street frontage for access and would contain about 11,270 sq. ft. The property is zoned R-2 and under the group dwelling concept it could support four units if the topography were suitable. The applicant has indicated his intent to have only the two buildings on the lots. It is recommended that the variance be approved subject to the conditions listed in the staff report. Commenting on the condition that the lot line follow the alignment of the retaining wall between the two houses, Commissioner G. Johnson felt it is important that the wall be located on the rear lot in order that it would be properly maintained. 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-Smith) Based on the findings as stated in the staff report the Commission approves variance PCV-78-5 to create two lots with less than - 60 feet of street frontage at 101 Second Avenue, with the conditions modified to read as follows: 1. The front parcel, containing 5,517 sq. ft., shall be limited to one single family dwelling and the recorded CC&R's shall so stipulate. The CC&R's -6- February 8, 1978 shall be filed with the County Recorder concurrent with the filing of the final parcel map. 2. The proposed lot line shall be adjusted to follow the alignment of the retaining wall separating the two parcels, with the wall located on the rear parcel. Should a new wall be constructed it shall be located so as to provide adequate back up area in front of the garage on the rear parcel. 6. PUBLIC HEARING: Conditional Use Permit PCC-78-23 - Request to remodel existing service station at 407 "E" Street in C-T zone - Orkin, Inc. Current Planning Supervisor Lee noted the site of an existing service station which would be removed and replaced with a small cashier's booth and a canopy over three pump islands to be placed diagonal to the intersection of Fourth Avenue and "E" Street. The existing curb cuts, two on each street, will be retained. The site is presently devoid of landscaping. Under the proposed remodeling, peripheral landscaping would be installed, as well as planters bordering the drive from the pump islands to the cashier's booth. The staff has discussed with the applicant the possibility of increasing the landscaping at each end of the canopy and to widen the landscaping along portions of the west and north walls to hide the considerable expanse of paving. A zoning wall exists at the north property line and one will be required at the west property line. It is recommended that the narrow parkways between the side- walk and the curb, adjacent to both "E" Street and Fourth AVenue, be filled with decorative paving material. The applicant has expressed disagreement with the third condition, which would require double handle pumps, and it is recommended that condition be deleted, since the length of the islands allow for two cars on each side with pumps located at each end of the islands. This being the time and place as advertised, the public hearing was opened. Martin Zaldo, engineering manager with Thrifty Oil Company, residing at 10197 Stillbite Avenue, Fountain Valley, reported that they previously remodeled the service station site at "L" Street and Telegraph Canyon Road and the volume of business has doubled at that site, which he feels has more problems from the standpoint of site design than the current proposal. He commented on the proposed design for speed and efficiency and reported that other stations using this design pump 500,000 gallons of gasoline per month. He spoke to Co~issioner Smith's concern over the radius provided for cars making a left turn from the booth, advising that he felt there would be room enough for that turn, but the radius could be enlarged by eliminating the four foot wide landscaping for a short distance opposite the corner of the booth. Commissioner Pressutti commented that while the Commission's consideration must relate to the land use, he is concerned about the fact that the country is being self-serviced into an unemployment situation. In the past service stations provided an opportunity for youth to get employment and gain some experience in the business community. Mr. Zaldo advised that getting and keeping good help is one of the biggest problems in the service station business. He reported that Thrifty Oil Company has 165 stations and all attendants are employees of the company and he contended that such an operation results in a lower price to the customer. -7- February 8, 1978 As no one else wished to speak, the public hearing was closed. MSUC (R. Johnson-Pressutti) Based on the findings stated in the staff report, the Commission approves conditional use permit PCC-78-23, for a self-service gas station at 407 "E" Street, subject to the conditions enumerated in the report with the deletion of condition 3. 7. PUBLIC HEARING: PCZ-78-F - To rezone properties at the northeast and northwest corners of Third Avenue Extension and North Glover Avenue from C-O to C-C - City initiated Director of Planning Peterson reported that based upon a request late last year from Max Lercher to locate a cardroom in the old D.M.V. building, the Commission had recommended to the Council an amendment to the C-O regulations of the zoning ordinance to include cardrooms as a conditional use. The Council did not agree with that recommendation, and elected instead to rezone the property desired for the cardroom to C-C on an emergency basis. Such rezoning remains effective for a period of 90 days and must be referred to the Planning Commission in order to establish the zone under the proper procedure. The staff concurs that this course is acceptable if the area to be rezoned is limited. The staff does not recommend extending the C-C zone further to the southeast along the Third Avenue Extension frontage and have indicated on the accompanying plat the triangular shaped area on each side of North Glover Avenue which it is recommended be rezoned to C-C with the application of the flood plain modifying district. This being the time and place as advertised, the public hearing was opened. Abe Siner, 3100 Fifth Avenue, San Diego, agent for the property in question urged the Commission to adopt the C-C zone as recommended. 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-78-47 and the findings stated therein, this rezoning will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (Pressutti-R. Johnson) The Commission recommends that the City Council approve the rezoning of the property at the northeast and northwest corners of Third Avenue and North Glover Avenue, as shown on the plat, from C-O to C-C. 8. PUBLIC HEARING: Conditional use permit PCC-78-21 - Request to locate cardroom at 11 Third Avenue in C-C zone - Max Lercher Director of Planning Peterson pointed out that in order to accommodate 64 persons in the cardroom the floor area would have to be increased to 960 sq. ft. The applicant advised that he made that change in the building, but it is recommended that the requirement remain in the conditions. Since the card- room will not occupy all of the vacant area in the building, it was the feeling - of the staff that the partition which will set off the cardroom area should extend from the floor to the ceiling to provide complete separation from any other use which may occupy the building. Mr. Lercher has asked that the conditions be modified so that he would not be obligated to extend the partitions to the ceiling until such time as the adjacent space is leased -8- February 8, 1978 for some other use. At the present time he has no plans for leasing the vacant space. Under that condition Mr. Peterson indicated he could see no need to extend the partition to the ceiling until such time as the vacant space is occupied by another use, and he would support such a modification of the conditions. This being the time and place as advertised, the public hearing was opened. Max Lercher, 11 Third Avenue, advised, in response to a question from the Commission, that the area occupied by a law office and a secretary's office is fully enclosed with wall to ceiling partitions. He advised that if he decides to lease the vacant area he will so inform the Planning Department and will extend the partitions. At the present time he does not feel it is advisable to have another use in the building. Abe Siner reported that as agent for the property he would see that the conditions are complied with. MSUC (G. Johnson-R. Johnson) The Commission finds that in accordance with the Negative Declaration on IS-78-41 and the findings stated therein, this project will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (G. Johnson-R. Johnson) Based on the findings stated in the staff report, the Commission approves conditional use permit PCC-78-21 to locate and operate a cardroom at ll Third Avenue, subject to the conditions recommended in the staff report with the modification of the third condition to provide that at the time the vacant space is leased, the partition separating the two uses will be extended to the ceiling. 9. PUBLIC HEARING: PCZ-77-J - To rezone approximately l0 acres in the 600 block on the north side of Telegraph Canyon Road, from P-C, R-l-H, R-3 and C-C-P to R-3-P-IO and C-O-P Current Planning Supervisor Lee pointed out that this 10 acre area is comprised of 11 small parcels under different ownerships. It is bordered on the north and east by E1 Rancho del Rey Unit 5. The realignment of Telegraph Canyon Road bisects the area, further reducing the usable area. The area which will remain on the north side of the road is primarily dominated by a church site. Considering the abutting residential development, it is felt this area should also be zoned for residential use; however, access into the site does not favor traditional single family detached housing. R-3 zoning, limited to 10 units to the acre, should result in a more feasible and compatible development for the area adjacent to the church site. The property which will be south of the new road alignment will consist of about 1½ acres and is presently zoned retail commercial. That zoning was established when the property was located in the County. It is recommended that this area be rezoned to commercial office use with guidelines for develop- ment. In response to questions from the Commission, Mr. Lee affirmed that the lots to the south will have frontage on the new alignment of Telegraph Canyon Road but will have only one access point from that road with individual driveways from the old Telegraph Canyon Road. He advised that one lot on the south side is presently developed with the Archway Lounge and development plans for an office building to be constructed on the adjacent lot have been submitted. This would leave a small triangular shaped parcel next to the -9- -~ February 8, 1978 access point undeveloped. This being the time and place as advertised the public hearing was opened. Scott Stewart, 649 Melrose, reported that he owns the property j~ust south of the Archway Inn and would be willing to give land for an access drive between the two properties if they could gain some land on the south through the vacation of the old Telegraph Canyon Road right of way. United Enterprises has not indicated a willingness to give up their right to that area if the City vacates the street. Rose Patek of United Enterprises, Inc., assistant treasurer of the corporation and resident on the ranch, advised that it is not their desire that the road be realigned. They would prefer that it remain as it is, they dedicated the land for the road at the time the road was needed, and it is their preference that the land so given remain a roadway. As no one else wished to speak, the public hearing was closed. In response to a question from Commissioner Smith, Mr. Lee reported that it is the responsibility of the Gersten Company to provide the right of way needed to connect the segment of the old Telegraph Canyon Road with the proposed new alignment. Maintenance of the old segment of Telegraph Canyon Road would remain the responsibility of the City. MSUC (O'Neill-Smith) The Commission finds that in accordance with the Negative Declaration on IS-77-55 and the findings stated therein, this rezoning will have no significant adverse environmental impact, and certifies the Negative Declaration. MSUC (O'Neill-Pressutti) Based on the findings stated in the staff report for the change of zone and the application of the "P" Modifying District, the Commission recommends that the City Council approve the rezoning of the properties as shown on the exhibits from P-C, R-l-H, R-3 and C-C-P to R-3-P-IO and C-O-P, with precise plan guidelines as recommended in the staff report. 10. PUBLIC HEARING: Consideration of precise plan~r office buildin9 at 635 Telegraph Canyon Road in C-O-P zone - Scott Stewart Current Planning Supervisor Lee displayed the site plan showing the new alignment of Telegraph Canyon Road, location of the office building, parking and access road. He also called attention to the architect's rendering of the proposed two-story office building. The proposed development is in conformance with the precise plan guidelines established by the zone change resolution. This being the time and place as advertised, the public hearing was opened. Scott Stewart noted their requirement to install in excess of 200 feet of curb along the existing Telegraph Canyon Road and additional landscaping on that portion of their site, and to constract a block wall adjacent to the new alignment of Telegraph Canyon Road and additional landscaping on that frontage. They feel that is a reasonable request, but take exception to the requirement -10- February 8, 1978 to install curb, gutter, sidewalk and pavement to complete the standard one- half street section for the proposed Telegraph Canyon Road, as well as agree to participate in a reimbursement plan for the improvement of Telegraph Canyon Road as may be approved in the future. It is difficult to determine the cost of such requirement and Mr. Stewart felt it might be high enough to make the project infeasible. He asked that the Commission consider deletion of the first two conditions recommended in the staff report. Assistant Director of Public Works Lippitt explained that as development is progressing along Telegraph Canyon Road, developers are being required to install full improvements of that road, which may be in excess of the calculated benefits; therefore a reimbursement district is set up to require payment from all who benefit from improvement of that road. He pointed out that Mr. Stewart would receive credit for the improvements that he installs within the district. The improvements required under the first condition would consist of 5 foot wide sidewalk, landscaping, curb and 12½ feet of pavement which is required to complete full improvement of the south half of Telegraph Canyon Road. Chairman Chandler asked if the applicant would like a continuance of this hearing to attempt to reach an agreement on the public improvements. Mr. Stewart advised that he is working under a time constraint and must soon go to working drawings in order to obtain a loan for the development. He again expressed his feeling that he will not benefit from the new road as he still has access from the old Telegraph Canyon Road and will have a block wall between their site and the new road. He asked that the Commission do what they can and forward a recommendation to the City Council. Commissioner Smith suggested that the third condition be modified to provide that the curb and gutter along the property frontage on the existing Telegraph Canyon Road should be at an alignment determined by the City Engineer, rather than the inside edge of the existing pavement. As no one else wished to speak the public hearing was closed. MSUC (G. Johnson-Smith) The Commission finds that in accordance with the Negative Declaration on IS-78-45 and the findings stated therein, this project will have no significant adverse environmental impact and certifies the Negative Declaration. MSUC (G. Johnson-Smith) Based on the findings as stated in the staff report, the Planning Commission recommends that the City Council approve the precise plan for an office building at 635 Telegraph Canyon Road, subject to the conditions enumerated in the report with the third condition modified to provide that the curb and gutter shall be at the alignment determined by the City Engineer along the property frontage on the existing Telegraph Canyon Road. DIRECTOR'S REPORT Director of Planning Peterson reminded the Commission that the study session scheduled for Wednesday, February 15, will be held at 5:00 p.m. in the Administrative Conference Room, followed by dinner at 7:00 p.m. -ll- February 8, 1978 ADJOURNMENT Chairman Chandler adjourned the meeting at 9:00 p.m. Respectfully submitted, Helen Mapes Secretary