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HomeMy WebLinkAboutPlanning Comm min 1976/07/12 MINUTES OF A REGULAR MEETING -- OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA July 12, 1976 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, Starr, Floto, Pressutti, Smith and Johnson. Also present: Dirctor of Planning Peterson, Current Planning Supervisor Lee, Assistant Director of Public Works Lippitt, Assistant City Attorney Beam and Secretary Mapes. Chairman Chandler led the pledge of allegiance to the flag, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Johnson-Floto) The minutes of the meeting of June 21 and June 28, 1976 be approved as written. Commissioner Smith abstained from voting due to his absence from those meetings. ORAL COMMUNICATIONS Chairman Chandler called for oral communications and none were presented. 1. PUBLIC HEARING: Request for extension of time to August 1~ 1977 on PCC-71-7 for use of mobile classrooms at 345 F Street -Sweetwater Union High School District Director of Planning Peterson advised that the high school district has requested another one year extension of the approval given them about five years ago to use two mobile classrooms. When a one year extension was granted last year it was hoped the district would complete construction at Del Rey School in time to move their facility from the F Street site. This has not been accomplished and they are asking for an extension to August 1, 1977. The district has advised that a contract for the necessary construction was to be awarded on July 8, with a one year completion date. This would enable them to move the entire facility from 345 F Street. The conditional use permit applies only to the use of the mobile classroom units at this location, which are not as objectionable as the automobile repair facility located in the building. This being the time and place as advertised, the public hearing was opened. Tommy Boal, owner of the adjacent property at 275 Garrett, advised that he does not object to the school, but to the nuisance which it causes by allowing papers and lunch cartons to litter the grounds and be blown across the fence. He suggested that something other than a chainlink fence be installed or a maintenance program initiated to keep the trash picked up. He indicated the back yard of the school resembles a junk yard due to the dismantling of cars and things left lying around. As no one else wished to speak, the public hearing was closed. -2- - July 12, 1976 In response to a question from Commissioner Floto, Mr. Peterson advised that since the property used by the school and the adjacent property owned by Mr. Boals are both in a commercial zone, there is no ordinance requirement for a solid wall between the two uses. MSUC (Starr-Floto) An extension of time to August 1, 1977 is granted for conditional use permit PCC-71-7 for the use of mobile units for classrooms at 345 F Street, and the City shall formally request that the school maintain the back portion of the lot in a proper condition. 2. Consideration of allowin~ sale of motorized bicycles and scooters in the 400 block of Th~md Avenue in the C Zone - Wall & Schneider Current Planning Supervisor Lee reported that a request was received for the location of a motorized bicycles and scooter sales and service operation in the C-C zone. The request pertained to a particular site. This type of facility is not presently listed as either a principal use or a conditional use in the C-C zone; however, the Commission may make the determination that this is a retail business or service establishment which the Commission finds to be consistent with the purpose of the C~C zone regulations. Mr. Lee pointed out that the C-C was originally intended to apply to shopping center areas, but it has been extended to apply to some strip commercial areas and therefore the permitted uses have been expanded. He pointed out that under C-C zone regulations all uses shall be conducted within a completely enclosed building and it is the staff's opinion that such regulation will make this use compatible with other businesses in the C-C district. In response to questions from the Commission with regard to the distinction between motorized bikes or scooters and motorcycles, Raymond Wall, 355 Theresa Way, one of the applicants, reported that scooters have varying size of motors but come with 10" wheels. The motorized bikes may be operated by pedals or engage the motor power. He indicated that the size of the motor has little bearing on the noise created by the vehicle. Mr. Schneider, Theresa Way, a partner in the proposed venture, advised that motor scooters have been in use since the 1950's and they will soon be sold all over the United States on a franchise basis. Commissioner Smith expressed the preference that this type of sales facility be subject to a conditional use permit so that each application can be considered on an individual basis, since there is so little difference between these vehicles and motorcycles. Assistant City Attorney Beam advised that to include this use as a conditional use in the C-C zone would require an amendment to the Municipal Code which specifically lists the conditional uses for each zoning district. This procedure takes some time. In response to Commission questions it was affirmed that the sale of motorcycles is a conditional use in the C-T zone and the requested use could be considered under that category. MSUC (Smith-Starr) The Commission directs the staff to prepare the necessary document to provide for motorized bikes and scooters as a conditional use in the C-C zone. -3- -' July 12, 1976 3. PUBLIC HEARING: Variance PCV-75-13~ request for waiver from installing full street improvements at the northeast corner of E Street and Toyon lane - JOSeph & Michael B~sh Director of Planning Peterson noted that in September 1975 the Commission approved a variance to allow the development of two lots on Toyon Lane, one without the required street frontage. He pointed out that one of the conditions of approval of that variance is a typical requirement for installation of street improvements across the frontage of the lots, as well as some additional street improvements to tie in with the existing pavement. If these conditions were not acceptable to the applicant they should have been appealed within 10 days but this was not done. The applicant has now asked that the conditions be lifted but the staff has been unable to find a basis for lifting the conditions and have recommended denial of the request. This being the time and place as advertised, the public hearing was opened. Frank Phillips, Civil Engineer representing Mr. Joseph Bush, apologized for waiting so long to appeal this condition, but advised that it was first necessary to request a vacation of a portion of Toyon Lane before improvement plans could be submitted. Those plans have not yet been approved by the Department of Public Works. Mr. Phillips pointed out that a total of 9 properties have frontage on Toyon Lane, two of which belong to Mr. Bush. He does not object to the improvement of Toyon Lane, but feels it is not warranted at this time and that the cost should be born by all through the establishment of an improvement district. He is therefore requesting that the improvements be deferred and a covenant will be placed on his property waiving the right to protest when and if the improvements are put in. Mr. Phillips also objected to the requirement for paving 20 feet beyond the property line of Mr. Bushes property. He pointed out that there is presently 70 feet of pavement at the bulb of the cul-de-sac. Assistant Director of Public Works Lippitt reported that this condition was placed when the parcel map was first submitted. He indicated that if the approved street plans can make a proper tie into the existing improvements he would not object to changing that condition. Commissioner Smith questioned the need for full improvements in Toyon Lane now, since the existing street has been serving all the properties fronting on it for a number of years. Joseph Bush, Bonita, expressed a willingness to be fair and assured that the current road would be maintained as good or better than it presently is throughout their development. He questioned the need for the requirement of full street improvements of curb, gutter and sidewalk. Mr. Peterson pointed out that the question to be resolved at this time is whether the normal improvements required by a subdivision should be made here. He felt there is little likelihood of improvements being installed at a later time through a 1911 Act since the majority of the properties will not be redeveloped in the foreseeable future. The Commission discussed with the Assistant Director of Public Works the problems encountered in establishing the grade of a sewer line to serve the subject properties and permit connection by other property owners on the street if they so desire. They also discussed the realignment of Toyon Lane and vacation of a port~.on of the original street right of way. - -4- - July 12, 1976 As no one else wished to speak, the public hearing was closed. Commissioner Johnson noted that this is a small cul de sac with little traffic, but there are many such cul de sacs within the city and they have been developed to City standards. To waive the requirement in this case would give any future subdivider as valid an excuse. He moved that the request be denied. Commissioner Pressutti seconded the motion, pointing out that the approval of any development plan involves a contractural relationship between the City and the developer which must be adhered to. He felt that curbs, gutters and sidewalks are absolutely essential. In discussion of the motion Commissioner Smith raised a question about the 20 ft. strip of pavement extending to the east beyond this owner's property and asked if that is to be required. Commissioner Johnson amended the motion to include that if a smooth transition between new pavement and the existing pavement to the east can be made, it would not be necessary to install the additional 20 foot strip. Commissioner Pressutti agreed to the amendment of the motion. The motion carried by the following vote. AYES: Commissioners Johnson, Pressutti, Chandler and Starr NOES: Commissioners Smith and Floto ABSENT: None 4. PUBLIC HEARING: Request for waiver of public improvements at the northwest corner of Third and Seavale - Dorothy. Rudolph Current Planning Supervisor Lee reported that fairly recently street improvements-- curb, gutter and paving-- were installed at the southwest corner of Sea Vale and Third Avenue. In connection with a division of property through the parcel map procedure, one of the conditions of approval of the map required the construction of a Type I knuckle at that corner. The applicant is requesting a waiver of that condition and that the existing improvements be retained. The staff would concur with that request to retain the present alignment of the curb with the stipulation that there be no parking on the street in that area. This being the time and place as advertised, the public hearing was opened. Richard Reynolds, Civil Engineer, 71 North Fourth Avenue, representing the appli- cant, concurred with the restriction against onstreet parking, but took exception to the requirement for submittal of a plan for construction of public improvements, relating mainly to location of sidewalk. Assistant Director of Public Works Lippitt indicated this could be shown on a standard City drawing of the existing curb. Ray Yoder, 296 Sea Vale, reported when he constructed his residence across the street he was required to pay for the curbing which has now been installed, and also to pay for preparation of the plans. He had no objection to retaining the present curb, but opposed painting the curb red to prohibit parking on that side of the -5- - July 12, 1976 street which he contended would force the unusual parking to use the other side of the street in front of his property. As no one else wished to speak, the public hearing was closed. Commissioner Starr pointed out that painting the curb red to eliminate parking at the corner would retain the necessary turning radius for the intersection. He felt that cars requiring onstreet parking would park in the direction in which they were travelling. MSUC (Starr-Floto) The Planning Commission recommends suspension of the conditions for construction of a Type I knuckle at the corner of Sea Vale and Third Avenue, with the condition that the curb be painted red and a description of the work to be done by the applicant be established. The motion carried by the following vote: AYES: Commissioners Starr, Floto, Chandler, Johnson and Smith NOES: Commissioner Pressutti ABSENT: None 5. PUBLIC HEARING: Precise Plan PCM-76-10 for 200 block of Kenned~ construction of 69 unit apartment structure - A. Beauchamp Current Planning Supervisor Lee noted the plot plan and elevations of the proposed project for a ~ acre site on the south side of Kennedy Street which was prezoned and rezoned for 69 units with the requirement for precise plan approval. He reported that the proposed plan includes 69 one-bedroom units, located in two-story English Tudor design structures. The parking provided is 50% more than required by ordinance; lot coverage totals about 27% or approximately half of what is allowed in the R-3 zone. The plan conforms well to the guidelines established when the R-3-M-P zoning was enacted with regard to its impact on adjacent property. By placing garages and landscaping at the boundaries of the property, the dwelling structures are located toward the interior of the lot. While there is ample common space, the staff feels there should be some provision for private open space for the individual units and this requirement has been included in the conditions for approval. This being the time and place as advertised, the public hearing was opened. Robert Thompson, building designer for Mr. Beauchamp, pointed out that the rezoning of the property last year had the effect of lowering the density of development from llO units to 69 units. He concurred with the recommended conditions, with two exceptions; namely, curvalinear walks and paths, and private patios or balconies. He pointed out that the English Tudor style of the buildings lends itself to formal walks and garden area; therefore, they feel straight walks are in keeping with the design of the buildings. He raised objection to the requirement for private patios or balconies on the basis that the cost outweighs the benefits of such small areas, particularly if they must be designed to be architecturally part of the building. He requested that those two conditions be omitted. -6- -' July 12, 1976 Pat Stanzione, 1254 Second Avenue, pointed out that only the north half of Kennedy is presently improved. He felt that improvement of the south half of the street should be extended through to Second Avenue to alleviate a bottleneck in the traffic at that point. Jim Johnson, 638 Windsor Lane, pointed out that the property at the corner of Second Avenue and Palomar Street, which is indicated on the plat as vacant, is now being developed with apartments by Ray Huffman. Sten Covin, 1278 Second Avenue, asked about the location of garages on the property lines, noting that other developers have been required to maintain a 7 foot setback. Mr. Lee advised that this is permissible and that the garages will be constructed to meet Fire Code regulations with regard to construction on the property line. As no one else wished to speak, the public hearing was closed. Commissioner Smith commented on the 25.5 foot street dedication requested here and asked what the width of the full street would be. Mr. Lee advised it will be a 51 foot right of way with 36 foot driving lanes, 5 foot sidewalk, and 2.5 feet between the sidewalk and property line on each side of the street.. MSUC (Smith-Pressutti) The Commission recommends to the City Council approval of the Precise Plan for development of 69 apartment units on the south side of Kennedy Street, subject to the conditions as stated in the staff report with the deletion of conditions b(2) and b(4) which pertain to patios or balconies and to curvalinear sidewalks. 6. PUBLIC HEARING: Conditional Use Permit PCC-76-9, request to allow MAAC Project. Dru9 Rehabilitation Program at 699 E Street Director of Planning Peterson reported this is a proposal to use the grounds and buildings formerly occupied by South Bay Pioneers as a drug rehabilitation center for up to 20 live-in clients. These will be persons who have volunteered for the rehabilitation prograq have been screened and will be supervised 24 hours a day. The clients would be permitted to work or attend school. Mr. Peterson indicated this kind of use is rather difficult to locate in a community but this location is fairly isolated and was previously used for a similar type of operation. He noted the findings for approval and the five conditions recommended. This being the time and place as advertised, the public hearing was opened. Garl Hudson, Program Director, 825 National Avenue, National City, expressed concurrence with all of the recommended conditions with the exception of No. 4, which requires that the facility shall meet Building Code and Fire Code regulations. He reported that the list of requirements sent out by the Fire Marshall to the owner of the property included the requirement of an onsite fire hydrant. He advised that they are granted Federal funds to grant this program but there are no funds for building improvements. Part of the rehabilitation of the clients who reside in the facility is the cleanup, painting, and general repair. He noted there is a fire hydrant directly in front of the property on E Street, but this structure is about 190 feet from the street, which would require a good deal of trenching and pipe to install a hydrant near the building. -7- - July 12, 1976 It was suggested that the applicant or owner of the property further discuss the fire safety requirements with the Fire Marshall. MSUC (Pressutti-Floto) Based on the findings as stated in the report to the Commission, the Commission approves conditional use permit PCC-76-9 for operation of a drug rehabilitation facility at 699 "E" Street, subject to the conditions enumerated in the report. The meeting recessed at 9:20 p.m., and reaonvened at 9:35 p.m. 7. PUBLIC HEARING: Conditional Use Permit PCC-76-10, request for additional classroom facilities at 505 E. Naples - Bayview Orthodox Presbyterian Church Current Planning Supervisor Lee called attention to the location of the site which abuts another church to the east and single family residences to the west. This church was originally constructed in 1962 and approval is now being sought for a two phase expansion program. The primary program at this time includes a multi- purpose room and additional classrooms to be located in front of the existing classrooms and to the west of the multipurpose room. Parking for approximately 60 cars would be included in the first phase. The second phase would consist of expansion of the main sanctuary to increase the seating capacity from 136 to 290 and at that time the parking would be increased to 80 spaces to meet the ordinance requirements. Mr, Lee pointed out that the first phase would substantially reduce the landscaping at the front of the property. A discussion of the staff recommendation with the applicant apparently resulted in an agreement to relocate part of the parking shown in front of the classrooms to the rear of the property in order to permit additional landscaping at the front of the building with a limited number of parking spaces in that area. It was also felt that the parking shown parallel to the east property line should be eliminated in order to provide easier access to the rear. Mr. Lee reported that the only main problem which was not resolved in discussion with the applicant relates to the multipurpose room. lie pointed out that the existing sanctuary has a fairly high pitched roof and the adjoining classroom wing utilizes a lesser pitch; however, the multipurpose room is proposed to have a flat roof. It was the feeling of the staff that a pitched roof should be incorporated on the east end in order to balance the total project architecturally. It is requested that the Commission make a determination with regard to this recommendation. This being the time and place as advertised, the public hearing was opened. Larry Canard, Melrose Avenue, advised that the multipurpose room is designed as a mini-gym to provide for various athletic uses. He noted that with a 20 foot high ceiling the addition of a pitched roof similar to that on the sanctuary would result in a total height of 35 feet which would dwarf the sanctuary which has a height of 24 feet. He pointed out that the Parkhill Methodist Church has an A-frame sanctuary but has flat roofed classrooms, as does the public school across the street. It is their feeling that the high ceiling will permit them to provide more use to the community, and if a pitched roof is required they will have to lower the ceiling. Commissioner Starr concurred that a pitched roof similar to that on the sanctuary would result in excessive height, but suggested that a low pitch similar to that of the classrooms would be an acceptable modification. -8- - July 12, 1976 Director of Planning Peterson concurred that this modification would be preferable to a flat roof. As no one else wished to speak, the public hearing was closed. Commissioner Pressutti concurred with the opinion expressed by Commissioner Starr that a high pitched roof on the multipurpose room would detract from the church sanctuary which should be the prominent feature of the facility while the rest is supporting edifices. MSUC (Starr-Floto) The Commission finds that in accordance with the Negative Declaration on IS-76-43 and the findings stated therein, this project will have no significant adverse environmental impact and certifies the Negative Declaration. MSUC (Starr-Pressutti) Based on the findings as stated in the report to the Commission, the Commission approves conditional use permit PCC-76-10 for the ex- pansion of church facilities on East Naples subject to the conditions as recom- mended in the report with the following revisions: Item a(1) shall provide that "part of the parking shall be relocated to the rear of the site." Item h shall be m~dified to state that the architecture shall be redesigned to incorporate a pitched roof in keeping with the rest of the new proposed structure, and architectural approval shall be subject to Planning Department review. 8. PUBLIC HEARING: Variance PCV-76-10, request to create two lots, one without street frontage at 22 J Street , W. E. Richardson & H. W. B~ler Director of Planning Peterson noted that at the last meeting there was a variance request of this same type on the agenda and reservations were expressed about the construction of single family homes on lots that do not front on a public street. Although this is the same type of request the facts are considerably different than they were on the former request. He pointed out that in this area development on an easement is fairly typical on many of the lots; thus, many other properties have enjoyed the right to develop on an easement, which was not the case in the other application. Mr. Peterson called attention to the findings for approval and to the conditions recommended in the report. This being the time and place as advertised, the public hearing was opened. Wade Richardson, also speaking on behalf of Mr. Byler, expressed their concurrence with the report and with the conditions recommended. He indicated they would be in harmony with all city regulations. As no one else wished to speak, the public hearing was closed. MSUC (Johnson-Floto) Based on the findings as stated in the report to the Commission, the Commission approves the variance request PCV-76-10 to create two lots, one without street frontage, at 22 J Street, subject to the six conditions recommended in the report. -9- - July 12, 1976 9. PUBLIC HEARING: Variance PCV-76-11) request to reduce lot area from 7000 sq. ft. to 5325 sq. ft. at 556 Fourth Avenue - Byrl Barker Current Planning Supervisor Lee pointed out that this property is a through lot, measuring 50 feet in width by 213 feet in length. The existing house on the property faces Fourth Avenue. A garage on the property is reached by a driveway coming from Guava Avenue. He pointed out that the lot is split zoned, with the portion fronting on Fourth Avenue being R-3, while the back portion is zoned R-1 and has frontage on Guava. Division of the property as proposed would result in two undersized lots, each slightly in excess of 5,000 sq. ft. The lots to the north and south of this property are similar but slightly wider, ranging from 55 to 58 feet. Division of the property would allow construction of a house facing Guava. Some years ago the garage of the existing house was converted and the curb cut on Fourth Avenue was removed. It is recommended that a new curb cut and driveway from Fourth Avenue be installed to provide for parking within the front setback. Mr. Lee pointed out that the existing garage on the property is located on the zone boundary line and it is recommended that it be removed or relocated to the west lot to be utilized with the new construction. He called attention to the findings for approval and conditions recommended. This being the time and place as advertised, the public hearing was opened. Hank Miller, agent for Mrs. Barker, advised that she wished to make one suggestion for consideration with regard to the existing garage. She asked that the garage be allowed to remain where it is, with a wall through the garage at the property line to provide for storage on each side. Mr. Lee indicated this would be acceptable if the wall meets with fire regulations. As no one else wished to speak, the public hearing was closed. MSUC (Pressutti-Johnson) Based on the findings stated in the report, the Commission approves variance request PCV-76-11 for a reduction of lot size to a minimum of 5,250 sq. ft., subject to the three conditions recommended in the report, with condition No. 3 being modified to permit the garage to remain on the property line provided it meets Fire and Building regulations. 10. Recommendation to City Council of alternative for F Street Traffic Improvement Project Director of Planning Peterson noted that the Commission certified the Environmental Impact Report for this project last month, but did not make a recommendation on the alternate to be used. Mr. Peterson expressed some reservations about making a decision before having full knowledge of all facts as to the nature of the Third Avenue Redevelopment Project. However, the F Street Project is to be considered by the City Council at this time because Federal funds have been allot~d to the project. He felt there is presently not so much of a problem for through traffic as for the traffic desiring to make left turns on to Fourth or on to Third Avenue. The Public Works Department does not see the need to widen F Street further to the east, beyond Church, into the residential area. -10- -~ July 12, 1976 Mr. Peterson felt that full widening of the street should await land use decisions in the area but that there is ample justification for Alternate No. 2, which is for widening at the intersection. Assistant Director of Public Works Lippitt explained that there were other criteria studied in addition to the traffic; one is the parking space. Alternate No. 1 permits no parking on F Street; Alternate 3 provides 37 onstreet parking spaces where 51 presently exist. Mr. Lippitt advised that at Council's direction the Public Works Department went into the community and the various organizations to obtain recommendations on the alternative preferred. The Parking Place Commission, Town Centre Redevelopment Committee and Safety Commission have all recommended the full widening alternative. He also noted that the funds allotted for this project may be lost if not used at this time. He further explained that the funds would go back to the County Thoroughfare Advisory Committee for reallocation to another project with the next highest priority. Commissioner Pressutti expressed the opinion that if those funds will be spent some place in any event, he felt Chula Vista should take advantage of the availability of funds. It was moved by Commissioner Pressutti, seconded by Commission Johnson, that the Commission recommend adoption of Alternate No. 2. The Commission further discussed the project and whether there is a need for onstreet parking on F Street. Commissioner Pressutti then withdrew his motion and Commissioner Johnson withdrew the second. MSC (Pressutti-Chandler) The Commission recommends that Alternate No. 1 for the F Street Project be approved. The motion carried by the following vote: AYES: Commissioners Pressutti, Chandler, Johnson, Smith and Starr NOES: None ABSTAINED:Commissioner Floto ORAL COMMUNICATIONS Frank Phillips requested that the Commission and staff review the Parcel Map procedure. He pointed out that when the notice of approval of a Parcel Map is sent to the owner the conditions are final. Under the County's procedure, a preliminary notice of conditions is first issued with an appeal period of lO days during which time the owner may ask for staff review. He felt such a procedure would facilitate handling by the staff and avoid requests to the Commission. Commissioner Smith suggested that this procedure be discussed at a study session. DIRECTOR'S REPORT Director of Planning Peterson advised that the Council has appointed a new Planning Commissioner, Mrs. Gayle Johnson, who is in the audience. She will be serving in the near future. Mr. Peterson also asked if the Commission desired a dinner meeting for their "~ -ll- - July 12, 1976 study session next week. That was agreed upon. COMMISSION COMMENTS Commissioner Pressutti pointed out that some months ago the Commission approved an application by Insta-Tune for a facility at Palomar and Third with conditions for certain improvements. He noted they are now in operation at that site but the improvements have not been made, and asked if follow-up inspections are made. Current Planning Supervisor Lee explained that in the Insta-Tune case, the improve- ments were required based upon the value of the improvements proposed on the property to convert it from a service station. The applicant decided this was too expensive and elected to reopen the service station without making alterations to the building. They are entitled to operate the Insta-Tune service as an accessory use along with the sale of gasoline. ADJOURNMENT Chairman Chandler adjourned the meeting at 10:18 p.m. Respectful 1 y submitted, ~Heien Napes, Secretary