HomeMy WebLinkAboutPlanning Comm min 1976/06/14 MINUTES OF A REGULAR MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
June 14, 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, Smith, Johnson, Pressutti, Starr and Floto. Also present:
Director of Planning Peterson, Current Planning Supervisor Lee, Environmental
Review Coordinator Reid, Assistant Director of Public Works Lippitt, City
Attorney Lindberg and Secretary Mapes.
APPROVAL OF MINUTES
MSUC (Johnson-Floto) The minutes of the meeting of May 24, 1976 be approved as
mailed. Commissioner Smith abstained from voting due to his absence from that
meeting.
ORAL COMMUNICATIONS
Clay Morud, 32 Plymouth Court, pointed out that during the hearing on the
Environmental Impact Report for projects in the Castle Park area various problems
were acknowledged, such as, sewerage capacity, drainage, traffic and overcrowding
of schools. He noted that since these matters were covered in the report, the
Commission has no choice but to accept the report. He asked, however, that in
considering projects for the Castle Park area give consideration to the problems
of high density, noise, traffic, etc.
CONSENT CALENDAR
1. Consideration of request for defferal of public improvements in alley at the
rear of 167 Second Avenue - Louis Guillemette
2. Consideration of request for deferral of public improvements in alley at the
rear of 192 Minot Avenue - Robin A. Dale~
Director of Planning Peterson advised these are routine requests for deferral which
can easily be justified as it is more practical for the public improvements to be
constructed when the entire area is ready to develop. If individual building permits
are requested, the public improvements would be required at that time, but the
deferrals are justified on the basis of the present requests to divide the parcels.
It was pointed out that the City is receiving dedication of additional street width
from these parcels in order that the unimproved alley may eventually be a fully
improved street.
MSUC (Johnson-Pressutti) The Commission recommends that the requests for deferral
of public improvements be approved subject to the conditions listed in the report
to the Commission.
-2- June 14, 1976
REGULAR CALENDAR
3. Consideration of final EIR-76-1 on Green - Vellinga Projects
Environmental Review Coordinator Reid reported that the public testimony taken
at the hearing of May 24th has been included in Section 9 of the Environmental
Impact Report and Section 10 is response to that testimony. Four major issues
were brought up at the public hearing; the first dealing with social concerns.
It is the conclusion that with an increase in population there will be an increase
in crime and traffic accidents; however, due to the scale of the project, no
substantial impact would result. This information is included as Section 3.8 of
the final report.
The economic impact was added as Section 3.9; it was concluded that the additional
City services would be paid for by revenues from the project. The increase in
property tax revenue to the schools would not be adequate to cover the 50% of their
funds not covered by other sources.
With regard to noise impact, it was concluded that the noise impact would be
more of a nuisance factor than an effect on the ambient noise levels. Concerning
the drainage problem, a closer evaluation led to the conclusion that the grading
of this site would divert runoff water away from the existing development and
onto the public street to a greater extent than at present.
In response to a question from the Commission, City Attorney Lindberg affirmed
that adoption of the Environmental Impact Report does not indicate an endorsement
of the proposed project; it is merely an informational document to be considered
in making a decision on the basic matter. He also asserted there is no question
as to the adequacy of the City's total sewerage capacity with the Metropolitan
Sewer System,and if the sewer lines are inadequate in some areas the General
Plan requires that those be addressed and taken care of. This report has indicated
the inadequacy for this area.
MSUC (Pressutti-Floto) The Commission adopts EIR-76-1 as the City's Environmental
Impact Report on the Green-Vellinga projects and certifies that it was prepared
in accordance with CEQA, the California Administrative Code and the Environmental
Review Policy.
4. Report on alternatives for "F" Street Traffic Improvement Project
Assistant Director of Public Works Lippitt made reference to diagrams showing
the traffic design under each of the three alternatives for "F" Street improvement.
He pointed out that as far back as 1967 this has been included in the Capital
Improvement Program budget as a full four lane project. The first phase of the
project--between Bay Boulevard and Broadway-- was completed in 1971. In 1973
this project was submitted for consideration of federal funding and was approved
in the first three-year federal funding program, for the portion of "F" Street
between Church Avenue and Ash, just east of Broadway.
In October, 1975 the street was again analyzed through traffic analysis and it
was found that no widening is required west of Fourth Avenue, as traffic could
be handled with minor left turn pockets at Fifth Avenue. At that time the three
alternatives were submitted to the City Council with a request for direction as to
-3- June 14, 1976
the method to be pursued. The Council took no action at that time, but directed
the Public Works Director to discuss this with the various business groups that
would be affected and to prepare an Environmental Impact Report.
Contacts with various groups produced the following recommendations:
The Environmental Control Commission recommended Alternative 1, which is for no
widening of the street and entails only restriping the street.
The Parking Place Commission recommended Alternative 3. The Town Centre Project
Committee recommended Alternative 3, as did the Chamber of Commerce Streets and
Highways Committee.
Mr. Lippitt called attention to the various levels of service as defined in the
staff report and to the table showing the service level, parking, bicycle usage,
trees, and cost for each of the three alternatives. He pointed out that alternate
3 would result in the best level of service and eliminate the least number of
parking spaces.
In response to a question from Commissioner Johnson, Mr, ~ippitt advised that
the Underground Utilities Advisory Committee would meet in the near future to
discuss undergrounding the utility lines in this project area. The original
estimate from the utility companies for undergrounding utility lines from Church
Avenue to Ash was $966,000; later correspondence indicates that undergrounding
the utilities in the revised project area is around $290,000. Undergrounding will
be considered in connection with this project if the street is widened.
Commissioner Starr pointed out that providing left turn lanes on F Street would not
improve the traffic condition on Third Avenue. Mr. ~ppitt acknowled§ed this but
pointed out that Third Avenue is not designed to maximize through traffic capacity
but rather to serve the business community located on that street. This requires
onstreet parking and slower traffic conditions.
As no action by the Commission was required, the Chairman read the title of
Agenda Item #5.
5. Consideration of final EIR-76-2 on "F" Street Widening Project
Environmental Review Coordinator Reid advised that the input received in the
public hearing was included in the Environmental Impact Report along with a
response to that input. He recommended adoption of the final report.
MSC (Pressutti-Johnson) The Commission adopts EIR-76-2 as the final Environmental
Impact Report for the "F" Street widening project.
The motion carried by the following vote:
AYES: Commissioners Pressutti, Johnson, Smith and Chandler
NOES: Commissioner Starr
ABSTAIN: Commissioner Floto
ABSENT: None
-4- - June 14, 1976
6. PUBLIC HEARING: Rezonin~ PCZ-76-D, 71 North Fourth Avenue, from C-C-F to
I-L-F - F. P. Phillips and R. A. Reynolds
Director of Planning Peterson pointed out that the requested rezoning to Limited
Industrial is in conformance with the recently approved amendment to the General
Plan and would permit uses compatible with the industrial park located in the nearby
vicinity. He recommended certification of the Negative Declaration of environmental
impact and approval of the rezoning request.
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-Johnson) The Commission finds that in accordance with the Negative
Declaration on IS-76-10 and the findings therein, this rezoning will have no
significant environmental impacts, and certifies the Negative Declaration.
MSUC (Starr-Johnson) The Commission recommends to the City Council the approval
of a change of zone for 1.2 acres located at 71 North Fourth Avenue from C-C-F
to I-L-F.
7. PUBLIC HEARING: Consideration of amendment to Municipal Code, PCA-76-4, to
provide for commercial uses in t and I-L zones - City
Initiated
Director of Planning Peterson reported that a number of cities do allow retail
activities in industrial zones; these usually consist of retail sales of bulky
items, such as carpets, furniture and appliances. This is sometimes handled as
a large warehouse facility with only limited display, and in other cases the
entire building may be devoted to furniture display. He indicated that a large
use of this provision is not anticipated, but he felt such use should not be
excluded. He recommended amending the ordinance to permit such sales as a
conditional use in the "I" and "I-L" zones.
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 (Floto-Johnson) The Commission finds that in accordance with the Negative
Declaration on IS-76-32 and the findings stated therein, this amendment will have
no significant environmental impacts, and certifies the Negative Declaration.
MSUC (Floto-Johnson) The Commission recommends to the City Council the approval
of PCA-76-4 amending Sections 19.44.040 and 19.46.040 of the Municipal Code to
allow bulky retail commercial uses in the "I" and "I-L" zones subject to approval
of a conditional use permit.
8. PUBLIC HEARING: Variance PCV-76-9, request to use trailers for temporary
classrooms~ 395 "D" Street - First Assembly of God Church
Current Planning Supervisor Lee reported that the two mobile coaches, requested
for classroom use, would be located behind the area of construction of an addition
to the church facility. These trailers are the same type that have been approved
for other church facilities and banking institutions; they measure 10' x 50'.
-5- June 14, 1976
Mr. Lee called attention to the six conditions recommended and to the findings
for approval of the variance.
This being the time and place as advertised, the public hearing was opened.
Mrs. Harriet Chandler, 443 Marietta Street, asked what the offstreet parking
requirements are for the temporary classrooms and for the additional permanent
classrooms.
Mr. Lee explained that parking requirements for a church facility are based on the
seating capacity of the main sanctuary; the standard now used is one space for
each 3 ½ seats. At the time this church was constructed the requirement was one
space for 5 seats. There are no additional requirements based on classroom space.
H. S. Ryan, Pastor of First Assembly of God Church, apologized for the grievous
condition being caused in the area by their not having sufficient parking and
discussed the various ways by which they are attempting to alleviate this problem.
With completion of the proposed addition the existing chapel building and garage
will be removed to accommodate additional parking. It is possible they may also
remove the dwelling located on one of the lots to provide still more parking.
As no one else wished to speak the public hearing was closed.
MSUC (Johnson-Pressutti) Based on the findings stated in the staff report, the
Commission approves variance application PCV-76-9 for use of two mobile classrooms
at 395 "D" Street subject to the six conditions enumerated in the report.
9. PUBLIC HEARING: Conditional us~ permit PCC-76-6, request to operate daN nurserS at 258 Fifth Avenue in R-3 zone - Robert Thomas
Current Planning Supervisor Lee reported that this request is for operation of a
day nursery for 10 children in a single family dwelling structure on a lot 55' x 150'.
Excluding the driveway there is 43 feet of frontage on Fifth Avenue which could
be used to drop off and pick up children rather than entering the site. He noted
that traffic counts on Fifth Avenue indicate relatively low volume early in the
morning, with somewhat higher count in the evening hour of 5:00 to 6:00 p.m. when
the children would be picked up. The peak traffic on this street, however, is
around noon time.
Mr. Lee pointed out that this site is relatively narrow and would not lend itself
to expansion in providing additional offstreet parking. The recommendation for
approval is related to the fact that this request is for a limited facility for
only l0 children.
Investigation has revealed that the last two nurseries approved by the Commission
are operating at capacity with 30 students each; both operators indicated there
is a need for additional nursery school facilities.
Approval of the application is recommended, based on the findings included in the
staff report, and subject to 7 conditions as enumerated in the report.
This being the time and place as advertised, the public hearing was opened.
-6- June 14, 1976
Robert S. Thomas, 650 Floyd Avenue, reported that this will be a Christian day
Care center with a structured program for children 2½ to 6 years of age.
Mrs. Florence Wheyland, owner and operator of the Fifth Avenue Apartments,
presented a petition containing over 50 signatures of people in the area who
are opposed to the proposed nursery school. She pointed out that many of her
apartments are occupied by retired people or night workers who desire a quiet
daytime atmosphere. She contended that the close proximity of this house and
yard to her apartments makes a child care facility incompatible in the area.
Dr. Lloyd Ellis, 265 Fifth Avenue, advised that he had lived at that location
for 15 years and the traffic has increased to such an extent that it is often
difficult to back out of their driveway. From the standpoint of traffic he
objects to this request for a nursery school.
John Brooks, 260 Fifth Avenue, resident adjacent to the property in question,
contended that the proposed facility would interfere with onstreet parking in
front of other properties.
Mrs. Goldie F. Gordon, 278 Fifth Avenue, concurred with previous speakers regarding
the difficulty of backing out onto Fifth Avenue.
Mr. Thomas pointed out that there is parking adjacent to three sides of the
subject lot. He felt there would be no problem due to noise or traffic, since
the arrival and departure of the 10 children would not necessarily occur at the
same time. He also presented a petition bearing the signatures of 76 residents
of Chula Vista who were in support of the nursery school based on the need in this
city for such facility. He pointed out the need of such facilities near shopping
centers which employ many people.
Mrs. Wheyland pointed out that five nursery schools presently exist in that
general area.
Thelma Robinson, 277 Fifth Avenue, stressed it is the type of traffic on Fifth
Avenue, rather than the volume, that makes exiting from driveways difficult.
As no one else wished to speak, the public hearing was closed.
MSUC (Johnson-Floto) The Commission finds that in accordance with the Negative
Declaration on IS-76-36 and the findings therein, the operation of a day nursery
school at 258 Fifth Avenue will have no significant environmental impacts, and
certifies the Negative Declaration.
MSUC (Johnson-Floto) Based on the findings as stated in the staff report, the
Commission approves conditional use permit PCC-76-6 for the operation of a day
nursery for ten children at 258 Fifth Avenue, subject to the seven conditions as
enumerated in the report.
Chairman Chandler advised those in the audience of their right to appeal this
decision to the City Council.
-7- ~ June 14, 1976
10. PUBLIC HEARING: Conditional use permit PCC-76-8~ request to install two
pool tables in restaurant at 937 Ota~ Lakes Road in C-N
zone - Jack and MarL~nn Blakel~
Director of Planning Peterson pointed out that this restaurant has been in operation
for a little less than two years and has operated under a conditional use permit,
approved by the City Council, for the sale of beer and wine in connection with the
sale of food. The conditional use permit application, at that time, included a
request to install 4 pool tables, 2 pinball machines, and some horseshoe pits to
be located outdoors. That portion of the request was denied by the Council, and
at that time the applicant indicated that he would perhaps be back at a future
time to seek a modification of the use permit.
Mr. Peterson explained that the recommendation for denial of the current request
is based on the language in the C-N district regulations and the attitude expressed
by the City Council toward the C-N zone, which is designed to be a neighborhood
service center with uses limited to those compatible to adjacent residential areas.
Mr. Peterson advised that the Department of Alcoholic Beverage Control had evaluated
this request independently and concluded that it should not be allowed.
This being the time and place as advertised, the public hearing was opened.
Jack Blakely, operator of Blake's Restaurant at 937 Otay Lakes Road, reported
that he has a verbal commitment from the A. ~ C. that they will allow pool tables
in the restaurant. He indicated that the pool tables were denied in 1974 for the
specific reason that it would be a bad influence on students from Southwestern
College. He noted that since that time the college has put three pool tables in
the student union building.
Mr. Blakely gave evidence that 78.3% of the gross sales of the restaurant are
for food; the restaurant has a seating capacity of 200, and the pool tables would
be located behind a 4 ft. high potted plant divider.
Supervising Special Investigator Harold R. Brewer of the Department of Alcoholic
Beverage Control, in charge of licensing for San Diego and Imperial Counties,
advised that he has not approved the installation of pool tables along with the
sale of alcoholic beverages at this restaurant and if any of his investigators
has indicted such approval it is in error. Mr. Brewer read a letter sent to
their counsel, Mr. Cameron, by Mr. Blakely which indicated he had received per-
mission from the City of Chula Vista to install the pool tables. He also read
a letter directed to their office by the Planning Department which indicated the
original conditions which denied the installation of pool tables had not been
changed.
Mr. Brewer further reported that it has been their experience that problems--
including fights, and in one case, murder-- arise when pool tables and alcoholic
beverages are available at the same facility.
Harriet Chandler expressed the opinion that if 78% of the gross income of the
restaurant is from food, then the operator does need assistance in paying
operating costs.
Jim Blakely, fulltime cook at Blakes, asserted that having two pool tables would be
great for the business and would help to pay the rent. This would not downgrade
the restaurant or turn it into a pool hall.
Clay Morud, 32 Plymouth Court, felt the A.B.C. should spend their time on things
other than pool tables.
-8- June 14, 1976
- John Blakely, parttime cook at Blake's Restaurant, reiterated that the pool tables
would be an enhancement to the clientele of the restaurant. He indicated that
revenue from the pool tables could pay the rent.
Lenny Jensen, 938 Wayne Avenue, reported that he had spoken in opposition to the
original application on behalf of the home owners association and had presented
a petition against the establishment as originally proposed on the basis it would
be a noise hazard in the residential area. He also pointed out that Mr. Blakely
has erected a sign in violation of the city code and installed a pinball machine
within the restaurant, which was denied in the original approval.
John Blakely and Jack Blakely offered further rebuttal in support of the request.
As no one else wished to speak, the public hearing was closed.
Mr. Peterson reported that two letters in opposition to this request were received;
one from Mr. Robert Langhorst and one from Mr. Hensley on Wayne Avenue. He suggested
that if the Commission wishes to approve this request it should be in the form of
a recommendation to the Council, since it was that body who stipulated the conditions
of approval on the original application.
MSC (Starr-Floto) The Commission denies application PCC-76-8 based on the finding
that it is not compatible in this area or in conformance with the intent of the
C-N zone regulations.
The motion carried by the following vote:
AYES: Commissioners Starr, Floto, Chandler and Johnson
NOES: Commissioners Smith and Pressutti
Chairman Chandler advised the applicant of his right to appeal the decision to
the City Council within 10 days.
ll. PUBLIC HEARING: Rezonin~ PCZ-76-H, south side of D Street between Fourth
and Fifth Avenues from R-3 to R-1 - Cit~ initiated
Director of Planning Peterson reported that some time ago the City Council expressed
concern about multiple family development occuring in areas developed with detached
single family homes. As a result of the study on these neighborhoods in transition
it was recommended that eight areas be given consideration for rezoning from R-3
to R-1. This is the second such area to be presented for Commission consideration.
Mr. Peterson indicated the location of the 18.5 acres, noting that the area contains
96 single family homes, several duplexes, and three lots with multiple units. The
over all character is one of single family residential use with well maintained
homes. As a deterrent to piecemeal redevelopment to apartments, it is recommended
that the area be rezoned to R-1.
This being the time and place as advertised, the public hearing was opened.
Mrs. Martha Ruby, 140 Elder, expressed appreciation for the City's interest in
preserving single family areas such as this. She indicated that many people within
this area were not aware of the R-3 zoning on their property.
-9- June 14, 1976
Howard ~yan, 440 Floyd Street, Reported that many senior citizens who live in this
area are unhappy with the R-3 zoning on their property and wish to retain the single
family neighborhood. He asked if this change of zone would have an effect on the
value of the property.
City Attorney Lindberg indicated it is difficult to determine such in a zone change.
He noted that if a particular property had been purchased at the market value for
R-3 development, then the rezoning would have an effect on that particular property.
He pointed out that the theory is to place property in the zone that has the
greatest compatibility with the surrounding area and will result in the best use
of the property.
A1 Chandler, 443 Marietta Street, expressed the opinion this is a nice neighborhood
with yards and it was not originally planned or laid out for R-3 development,
e~ecially in the case of offstreet parking.
Mrs. Robinson, 496 D Street, expressed support of R-1 zoning for the area.
Mrs. John Elliott, 488 D Street, commended the Planning Department for the fore-
sight of bringing this proposal before the Planning Commission.
Larry Palmer, 126 Guava, expressed appreciation to the Planning staff for this
action.
Bob Hastings, 1475 Max Avenue, commended the Planning Commission on the proposed
rezoning from R-3 to R-1.
Clay Morud, 32 Plymouth Court, commended the Planning Department for recommending
the R-1 zoning which asserted shows greater concern for people rather than for
developers or profit making.
As no one else wished to speak, the public hearing was closed.
MSUC (Pressutti-Starr) The Commission recommends to the City Council the change
of zone for approximately 18.5 acres from R-3 to R-1.
DIRECTOR'S REPORT
Director of Planning Peterson noted that the meeting on next Monday night, June 21,
will be devoted to a single public hearing to consider a zone text amendment
relative to standards for group residences.
He further reported that the City Council meeting tomorrow night will be recessed
at around 7:30 p.m. for a farewell reception for Councilman Frank Scott. All
Commissioners are cordially invited to attend that reception.
COMMISSION COMMENTS
Commissioner Smith advised that although his previously planned vacation trip had
been delayed due to accidental injuries which he sustained, he now plans to leave in
the current week and will be absent from the meetings of June 21 and 28.
Chairman Chandler acknowledged the paper prepared by former Commissioner Rudolph
entitled, "A Livable City--Revisited~' which was forwarded to each Commissioner.
-10- June 14, 1976
ADJOURNMENT
Cahirman Chandler adjourned the meeting at 9:37 p.m.
Respectfully submitted,
fFelen Mapes, Secretary