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HomeMy WebLinkAboutPlanning Comm min 1974/10/30 MINUTES OF A SPECIAL MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA October 30, 1974 A special 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, Rudolph, Floto, Pressutti, Rice and Starr. Also present: Assistant Director of Planning Williams, Assistant City Attorney Beam and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Chandler, followed by a moment of silent prayer. The Chairman called for oral communications and none were presented. 1.a. PUBLIC HEARING: Consideration of amendment to the General Plan for approxi- mately 30 acres located east of Greg Rogers Park, from Parks and Public Open Space to Medium Density Residential (4-12 DU/Acre) Assistant Director of Planning Williams advised that the Parks and Recreation Element of the General Plan projects a need for about 28 acres of parks in this service district to serve the 1990 population. The current park acreage is about 37 acres, or 9 acres in excess of the projected need. The property in question is currently zoned R-1 and it is deemed appropriate that the General Plan be changed to coincide with the current zoning and bring the two maps into conformance. This being the time and place as advertised, the public hearing was opened, and as no one wished to speak, the public hearing was closed. MSUC (Rice-Floto) Recommend to the City Council an amendment to the General Plan to change the designation of 30 acres located east of Greg Rogers Park from Parks and Public Open Space to Medium Density Residential with findings as contained in the staff report. 1.b. PUBLIC HEARING - Consideration of amendment to the General Plan for approximately 7.5 acres located at northwest corner of Telegraph Canyon Road and I-805 from Medium Density Residential (4-12 DU/Ac.) to Visitor Commercial Assistant Director of Planning Williams reported that this property was rezoned from R-1 to C-V-P in January, 1970, subject to approval of a precise plan. The property has subsequently been graded as a borrow pit for the construction of 1-805. The General Plan designation and zoning should be brought into conformance. He pointed out that the proximity of the property to the freeway should enhance the visitor commercial potential and such use would be compatible with the neighborhood commercial use to the south. Commissioner Starr noted that these proposed changes are recommended in order to bring the General Plan into conformance with the existing zoning. He asked what would happen if the changes are not approved. -2- Oct. 30, 1974 Assistant City Attorney Beam advised that the consistency requirement is one which has a very short duration as far as practical effect by way of the means allowed for challenging that--it is a 90 day statute of limitations, which states that if objections are to be raised it must be within that time limit. He pointed out that this housekeeping function of bringing the General Plan and zoning into conformance is primarily due to a fairly recent change in the law relating to General Plans, which mandates that the General Plan be changed only three times a year. The City has elected to regularly schedule two times a year for General Plan changes and hold the third time in reserve in case of need. Mr. Beam further reported that there is an inconsistency between the Government Code and the State Planning Act which results in two interpretations of the law; one being that all development in areas which is inconsistent with the General Plan must be held in abeyance until one of two times a year, or, that a reasonable period is allowed to bring the General Plan into conformance with zoning. Normally, a rezoning indicates an intention to change the General Plan to reflect the zoning. The two maps are then brought into conformance. That is the situation with regard to a number of the changes under consideration at this time. Chairman Chandler declared the public hearing opened, but as no testimony was offered, the public hearing was closed. MSUC (Rudolph-Pressutti) Recommend to the City Council an amendment to the General Plan to change the designation of 7.5 acres located at the northwest corner of Telegraph Canyon Road and 1-805 from Medium Density Residential to Visitor Commercial based on the staff report. 1.c. PUBLIC HEARING - Consideration of amendment to the General Plan for approximately 1.2 acres located on the north side of G Street between Third and Del Mar Avenues, from High Density Residential (13-26 DU/Acre) to Professional and Administrative Commercial Assistant Director of Planning Williams noted this area is in the interface between commercial zoning along a street frontage and adjacent residential use. He advised that this property has been changed to the C-O zone and the majority of the property is in that use. Chairman Chandler opened the public hearing, and as no one wished to speak, the public hearing was closed. Assistant City Attorney Beam explained that the consistency requirements set forth in the government code relating to zoning are not designed to be applied as a zoning map. There is no requirement that the General Plan call out each use boundary in a form that matches the zoning map. It is, rather, a broad brush approach. He expressed the opinion that the consistency requirement looks toward a determination of whether the particular use to which the property is put irretrievably commits that property to a use which is not consistent with the General Plan. He cited, as example, that a residential use in an industrial area -- would not be an inconsistency under the law, but if property designated for residential use on the General Plan is rezoned for industrial use, that would be an inconsistency. -3- Oct. 30, 1974 Commissioner Rudolph asked if that means that a property on the interface between two different zones requires a change in the General Plan map to reflect the use. Mr. Beam advised that it means the contra to that. He pointed out that it is difficult to determine with any degree of precision the exact boundary line of General Plan designations. This may vary by a couple hundred yards. The General Plan is in broader aspects than individual parcels. MSUC (Floto-Starr) Recommend to the City Council that the General Plan be amended to change the designation for approximately 1.2 acres of property located on the north side of G Street between Third and Del Mar Avenues from High Density Residential to Professional and Administrative Commercial, in accordance with the staff report. 1.d. PUBLIC HEARING - Consideration of amendment to the General Plan for approximately 4.6 acres located south and west of Otay Lake Road and Allen School Lane, adjacent to Ella B. Allen Elementary School, from Parks and Public Open Space to Low Density Residential (1-3 DU/Ac.) Assistant Director of Planning Williams reported that consideration was recently given to the acquisition of this property for a park site, but due to cost considerations it was not acquired, and subsequently, a tentative subdivision map for 13 units as an extension of the Rancho Robinhood subdivision was filed and approved in June of this year. Mr. Williams advised that the adopted Parks and Recreation Element of the General Plan still shows need for a park in this vicinity, but this property is no longer available for that use and a new park site within this service district will have to be selected. He indicated it is probable that all park site designations will be removed from the General Plan Land Use Map, except for the sites which have been acquired by the City for that purpose. The public hearing was opened, but no testimony was presented, and the public hearing was closed. MSUC (Rudolph-Floto) Recommend to the City Council that the General Plan be amended to change the designation for appro~mately4.6 acres located south and west of Otay Lakes Road and Allen School Lane from Parks and Public Open Space to Low Density Residential in accordance with the staff report. 1.e. PUBLIC HEARING - Consideration of amendment to the General Plan for approximately .38 acres located at the northwest corner of Third Avenue and Kimball Terrace, from Medium Density Residential (4-12 DU/Ac.) to Professional and Administrative Commercial Assistant Director of Planning Williams reported that this proposal is a request for a change made by an applicant who wishes to develop the property. This would require a change from residential to Professional and Administrative Commercial. -4- Oct. 30, 1974 Mr. Williams pointed out that the property is surrounded on three sides by residential use. The existing commercial use on Third Avenue is at a much lower elevation than this site. It is staff's opinion that amending the plan as requested would permit commercial use to intrude into a stable residential area and would create pressure to continue the commercial uses southward on Third Avenue, creating a commercial strip. Mr. Williams noted that the Professional and Administrative Commercial designation would allow such uses as banks and medical offices whose traffic generation characteristics are incompat- ible with the single family area. Such use might also result in noise and lighting problems when it is adjacent to single family residences. Mr. Williams indicated there is no need for additional C-O zoned property outside of the downtown area, and existing C-O zoned land should be developed prior to the designation of additional uses of this category on the General Plan. Mr. Williams pointed out that the current General Plan designation would permit the applicant to apply for a rezoning that would permit up to four dwelling units on the property; that use would be compatible with the existing and planned uses in the area. Chairman Chandler declared the public hearing opened. Francis Young, La Mesa, speaking for his mother who owns property at 315 Kimball Terrace, expressed opposition to any commercial development in this area. Mr. Williams reported the receipt of a petition in opposition to this change of use signed by 23 residents, which includes most of the property owners on Kimball Terrace. Their opposition is based on adverse effects on human beings due to increased traffic, pollution and lighting. They expressed the opinion that commercial use would not be compatible with the existing residential use and would result in decreased property values for the homes in the area. As no one else wished to speak, the public hearing was closed. MSUC (Rice-Rudolph) Recommend denial of the request to modify the General Plan for .38 acre located at the northwest corner of Third Avenue and Kimball Terrace based on the facts contained in the staff report. 1.f. PUBLIC HEARING - Consideration of amendment to the General Plan for approximately 2.5 acres located at the southeast corner of Palomar Street and Second Avenue, from Medium Densit~ Residential (4-12 DU/Ac.) to High Density Residential (13-26 DU/Ac.) Assistant Director of Planning Williams advised that this is an applicant requested change to the General Plan. The applicant has also submitted an application for a change of zone to R-3-G-P and has submitted a development plan showing 42 dwelling units. The applicant contends that the R-3-G-P zone would provide a transition between the R-2 on the west side of Second Avenue and the existing R-1 abutting to the east of the subject site. -5- Oct. 30, 1974 Mr. Williams pointed out that the property on the west side of Second Avenue is currently zoned R-3 and is shown on the General Plan for High Density Residential use of 13 to 26 dwelling units to the acre. The applicant's property is presently in the Medium Density category of 4 to 12 units to the acre. If developed at 12 units to the acre this property would form the transition between the use on the west side of the street and the abutting single family area. He advised that under the existing land use designation the applicant could construct approximately 30 apartment units on the property without a General Plan change. Under the requested designation of High Density, as many as 65 units would be permitted, although the applicant has submitted a plan showing 42 units. Mr. Williams pointed out that the Castle Park area has presented a problem in that the amount of land currently planned and zoned for high density residential use, and the construction of apartment units in that area seems to proceed more rapidly than public facilities, particularly schools, can be provided. He expressed the opinion that granting the requested change to the General Plan would add one more increment of potential density to this existing problem and it is therefore recommended that the request be denied and that no changes in the General Plan designation be made in the Castle Park area until the plan for the entire area is reviewed. Chairman Chandler opened the public hearing. Frank Phillips, Civil Engineer, 3942 Horton Road, Bonita, representing Mr. Sabura Muraoka, owner of the property, displayed an aerial photograph showing the area. He pointed out that the R-3 property at the northeast corner in the County is presently developed with apartments, the R-3-G-D at the northwest corner is vacant, the R-3 zoned property directly across Second Avenue contains the Jay L Jay apartments. Mr. Muraoka's property, lying between Second Avenue and the existing single family development on Elm Avenue, is vacant. Consideration was given to development of this property in single family homes, but due to the depth of the lot and the character of Second Avenue and Palomar Street, on which the homes would front, it was determined this would create traffic conflicts on the heavily travelled streets. In consulting the Planning Department, it was recommended that a compact develop- ment with open space between the buildings be considered, and it was indicated the density should be no higher than 17 units to the acre. In preparing a plan for such development they limited the access points to one from Second Avenue and one from Palomar Street, which would lessen the potential traffic conflicts. Mr. Phillips expressed the opinion that the plan as submitted conformed to the recommendations of the staff through the grouping of buildings, reservation of open space and provision of landscaping. He felt the proposed development plan would provide a good visual appearance both from Second Avenue and from the single family development. With reference to public facilities, Mr. Phillips pointed out there was an environmental assessment made and a Negative Declaration of environmental impact was issued, copies of which were sent to the various school districts, and no comments were received from the school districts. -6- Oct. 30, 1974 Mr. Phillips also contended that additional revenue produced from taxes on the developed property should provide for the additional services required from the Police and Fire Departments. Bill Tunstall, 1336 Elm Avenue, advised that he is joined by his neighbors in vigorously protesting the construction of apartments adjacent to their single family homes. He contended that the construction of highrise apartments and a wall at the property line would be a visual obstruction as well as shutting off the breeze that comes from the west. He reported that children of the neighborhood are presently bussed to schools because there is not room for them in the school in the area. He asked that the change be denied. As no one else wished to speak, the public hearing was closed. Commissioner Rudolph asked if the property could be developed at the density now permitted, and still cluster the units and limit the entrance and egress points to orient traffic away from Second Avenue. Mr. Williams affirmed that the General Plan designation of Medium Density would permit a zone change to R-3-G-P with a density limitation of 12 dwelling units to the acre, which would result in 30 dwelling units on the property. This could be developed in a plan similar to the plan described by Mr. Phillips. Commissioner Rice commented on the rapid development and increase in density of the Castle Park area in recent years. He felt that not only the school system, but the streets as well are seriously overloaded in this area. He concurred that before consideration is given to increasing density in the area there must be a thorough study of the entire area. MSUC (Rudolph-Rice) Recommend to the City Council denial of the request for an amendment to the General Plan for approximately 2.5 acres located at the southeast corner of Palomar Street and Second Avenue in accordance with the findings contained in the staff report. No oral communications were presented and Mr. Williams indicated there was no Director's report. COMMISSION COMMENTS Commissioner Rudolph repeated an earlier request that a workshop be scheduled to consider the General Plan. ADJOURNMENT Chairman Chandler adjourned the meeting at 7:40 p.m. Respectfully submitted, Helen Mapes Secretary