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HomeMy WebLinkAboutPlanning Comm min 1974/10/23 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALI?ORNIA October 23, 1974 The 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, Rudolph, Rice, Pressutti, Starr and Floto. Also Present: Director of Planning Peterson, Current Planning Supervisor Lee, Assistant Dir- ector of Public Works Robens, 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. APPROVAL OF MINUTES: MSUC (Rudolph, Floto) The minutes of the meeting of October 9, 1974 be approved as mailed. ORAL COMMUNICATIONS Anthony Rasso of La Bella Pizza Garden reported that he has purchased the lot at the corner of Third Avenue and G Street, and objected to the r qulrement of the e ' City that he move the existing light pole and hydrant in conjunction with the development of the property. Director of Planning Peterson advised that this street improvement requirement is under the Department of Public Works and is not under the Jurisdiction of the Planning Commission. Mr. Rasso was advised to make application for a waiver of public improvements through the Engineering Division if that is his desire. Roy Bossert, builder for Mr. Rasso, asked if Mr. Rasso could post a performance bond for the required improvements pending a decision on a waiver by the Planning Commission at a future date. Assistant City Attorney advised that he would check on that question and sug- gested that Mr. Rasso contact the staff of the Engineering Division or the Planning Department. 1. PUBLIC HEARING: Consideration of rezoning approximately 40 acres on the north side of Telegraph Canyon Road from R-1 and R-3-T to R-1-5-PUD - PCZ-74-M - Dale Construction Company - Chairman Chandler noted the applicant's request that this hearing be continued to the meeting of November 13. ~ MSUC (Rice-Rudolph) The public hearing in consideration of PCZ-74~M be con- tinued to the meeting of November 13, 1974. -2- 10-23-74 2. Consideration of final EIR-74-9 for South Bay Villas Current Planning Supervisor Lee advised that the public hearing held on this Environmental Impact Report on October 9 produced no public input. He noted five revisions to the draft report which were incorporated into the final report and recommended adoption of the final report. MSUC (Rudolph-Starr) EIR-74-9 be adopted as the City's Environmental Impact Report on the project of South Bay Villas. 3. Consideration of Tentative Map of South Bay Villas - PCS-74-7 - Shattuck Construction C~mpans Current Planning Supervisor Lee reported that this map proposes the subdivision of 40 acres into 113 residential lots and 2 open space lots comprising 12.2 acres. The property is zoned R-l-H-P, which is the Hillside Modifying District with a precise plan required. Mr. Lee noted that the 100 foot San Diego water line easement bisects the property, and pointed out the canyon areas which are to be retained in open space. The proposed density will be approximately 4.5 units per acre on the 24 acres to be developed, with the smallest lot size being 6,000 sq. ft. and the average 8,000 sq. ft. Mr. Lee pointed out that the grading plan generally conforms to the existing topography and results in 7 remnant parcels which, due to the topography, are not included in the development plans but will be held until the adjacent property is developed. It is recommended that disposition of those parcels be settled prior to recordation of the final map. Mr. Lee noted that the major access to the development will be from the present end of East J Street through a County area. Since the Otay Land Company, owner of that property, has a minimum 50 acre release clause in their grant, the property for the necessary street right of way cannot be sold to Shattuck Con- struction Company. Therefore the City will proceed under eminent domain to condemn that property as well as the small parcel to the south between the street right of way and the proposed development. This will permit the physical improvement of J Street to serve as an access to this development. Secondly, access will be obtained from Crest Drive. Mr. Lee advised that the park fees required of this developer by ordinance would be about $30,000, depending on bedroom count. However, since the developer pro- poses to dedicate the usable open space in the canyon to the City and to install a trail system to reach that area, it may be equitable to reduce the amount of park fees to offset the cost of landscaping and improvements in the open space area. Mr. Lee called attention to the list of conditions recommended in approving the tentative map and suggested that condition 8 be modified to indicate that dis- position of lots "C" through "I" would be in a manner equitable to all parties concerned. The Chairman called upon the developer to discuss the proposed development and the recommended conditions for approval. -3- 10-23-74 J. R. Shattuck, President of Shattuck Construction Company, advised they are in general agreement with the recommendations made by the staff. He pointed out they will be dedicating to the City 12.6 acres in connection with this develop- ment, and since a good portion of the canyon is usable space and they will provide paths for access by the public, he felt this should negate the payment of park fees. He advised that he would not be interested in hydroseeding the canyon areas as recommended in condition 3 since he questioned the feasibility of this method and felt the required maintenance period until the growth is established might be unduly expensive. He also raised objection to the land- scaping requirement of installing turf and an irrigation system in the usable open space areas south of lots 13, 19 and 40. He felt this, also, would be an inequitable burden on the developer. Mr. Shattuck reported that the developable area on the north side of East J Street would accommodate only six or eight lots and asked if that area could also be included in the eminent domain proceedings, in which event J Street would be improved the full width with curb and sidewalks on both sides. Mr. Beam advised he was aware this has been discussed with City Attorney Lindberg but he could not state at this time if such proceeding is possible with regard to the developable property. James Craig, Civil Engineer, 2611 Adams Avenue, San Diego, discussed item 3 of the Engineering Division's requirements, which dealt with temporary improvements in "F" Street and the requirement that the developer post a bond and enter into an agreement to provide for the removal of the temporary improvements and reloca- tion of the sewer in "F" Street and to guarantee the construction of his propor- tionate share of the permanent improvements in the future extension of "F" Street and East "J" Street. Since development of the adjacent property is not scheduled, this may result in a long bonding period. He suggested that the developer deed parcel "H" as shown on the map, and valued at around $4,700, to the City in lieu of furnishing the bond. In response to a question from Chairman Chandler, Mr. Lee indicated he would recommend dropping the requirement for hydroseeding within the canyon, but he felt that the open space areas adjacent to lots 13, 19 and 40 which would serve as an entrance into the public open space should be turfed and irrigated to maintain an esthetic appearance in the vicinity of the developed lots. He reported there have been complaints in connection with other developments that such areas left in a natural state or denuded create visual problems. Assistant Director of Public Works Robens discussed the need for the Engineering condition relating to temporary improvement of "F" Street and the future installation of permanent improvements, but indicated he would be amenable to discussing a trade off with the developer for land of an equitable value. Assistant City Attorney Beam advised that such an agreement would be contingent upon whether or not the Map Act would preclude the acceptance of anyting other than a bond for completion of onsite improvements. He indicated he would investigate this aspect. Commissioner Starr questioned whether the Commission is in a position to approve this tentative map since there are a number of things seeming to need legal counsel. -4- 10-23-74 Attorney Beam advised that if it is the Commission's desire to approve the map, the recommended conditions may be required if they meet the legal constraints of the Map Act. Chairman Chandler pointed out that only a few of the recommended conditions were unresolved. He noted thaW. the Planning Department has agreed to d~o~ the ~equ~re- ment for hydroseeding in ~ne canyon, but the requirement for installln~ turf and irrigation of usable open space areas is to remain; the Engineering Division will discuss with the developer at a later date a possible trade off in lieu of the bond requirement for street improvements; item 8 is to be modified to indicate that the disposition of lots would be in a manner equitable to all parties; and, if possible, the eminent domain proceedings will include the lots on the north side of East J Street. MSUC (Chandler-Rice) Recommend to the City Council the approval of tentative map PCS-74-5 for South Bay Villas subject to the conditions recommended in the staff report with the modifications just enumerated, and subject to possible legal constraints. 4. PUBLIC HEARING: Consideration of Safety Element of the General Plan Director of Planning Peterson advised that this element is based in part on the Emergency Plan adopted by the City Council in September, 1973. The purpose of the element is to protect the community from fire and geologic hazards and to specify evacuation routes, peak water load supply requirements, minimal road width clearance around structures and other safety items as enumerated in the State law. He noted that the question of geologic hazards would be more fully addressed in the Seismic Safety Element which will be ready for consideration within a few weeks. Mr. Peterson pointed out that the east-west streets which have interchanges with the freeways are designated as evacuation routes in case of disaster. He also called attention to the emergency centers as designated in the element which were previously adopted in the Emergency Plan. He indicated this is one of the simpler General Plan Elements and has been designed to fulfill the requirements of the State law. Commissioner Rudolph suggested that a workshop meeting to discuss the General Plan Elements prior to their presentation for adoption would be helpful, so that questions could be raised and answered prior to the writing of the element. This being the time and place as advertised, the public hearing was opened. There was no public response and the hearing was closed. Commissioner Floto asked if the emergency centers are really set up to care for large numbers of people if the need arises. Mr. Peterson reported that the Fredericka Manor and Broadway Centers are stocked with food and emergency supplies; the other centers are not stocked but have been inspected and they fulfill the structural requirements in terms of safety. Commissioner Starr asked about the practical application of this element and how the public would be aware of the evacuation routes. -5- 10-23-74 Mr. Peterson indicated the practical aspect of the element is minimal; the - routes have not been marked by signs. He further indicated this element would have no effect on zoning or land use, MSUC (Floto-Rice) Recommend to the City Council the adoption of the Safety Element of the General Plan. 5. PUBLIC HEARING: Consideration of Planned Unit Development for Encore Bonita Estates PUD-74-'3 (formerly E1 Rancho ~el Re~ ~ni¥ 2) -' Larwin-San Diego, Inc. Current Planning Supervisor Lee reviewed for the benefit of the new Planning Com- missioners the past action approving a Planned Unit Development of nearly 300 acres located west of Southwestern College. Included in that development plan was Unit 2 of E1 Rancho del Rey for a 180 unit townhouse development. Larwin has purchased this portion of the property and have chosen not to proceed with the 180 townhouses; they have constructed five models in an 8 unit complex, together with a recreation building and swimming pool. They have now filed an application for a revised plan which includes 96 single family detached houses and 8 townhouse units. The overall density will be just under 5 units to the acre compared to 8 to the acre in the original plan. The street improyements as required for the original development plan have been installed. Mr. Lee called attention to the list of conditions recommended in the approval of the revised development plan. This being the time and place as advertised, the public hearing was opened. DeVere Anderson, Vice President of Larwin-Southern California, 7801 Mission Center Court, San Deigo, advised that they purchased these lots in their present condition with the street improvements already installed, with the intention of developing the townhouse complex as originally planned. Their experience in attempting to market this type of units resulted in a decision to resubdivide the property for development of single family detached homes. He presented a number of slides showing the existing street improvements and the recreation building and swimming pool which will be a unique facility for this type of development. Mr. Anderson expressed their agreement with the conditions proposed by the Planning Department and the Engineering Division with the exception of certain points which he discussed. He asked for clarification on the requirement for landscaping and irrigation plans for interior slope banks, which he felt should apply only to slopes 6 feet or more in height. He discussed condition 12, which requires perimeter fencing on all corner lots, and suggested that the developer be permitted to indicate in the deed the location of the fence but leave the design and construction of the fence to the individual home owners as approved by a Homeowners Association. He asked for the deletion of condition 13 which requires that lot 54 be revised to eliminate a 90 ft. long narrow strip of property projecting from the southwest corner of the lot. He maintained this area is not needed for additional parking, but could be distinctively improved by a home owner. He also objected to the inclusion of item 15 which requires -6- 10-23~74 automatic garage door openers for all houses where the distance between the sidewalk or curb and the garage is less than 20 feet. He felt this would present a marketing problem and if automatic door openers were included with some units they would have to be provided throughout the project. He felt they could obtain an 18 foot driveway, to accommodate the length of a car, on all but about 7 to l0 lots. He requested elimination of the requirement for garage door openers. Mr. Anderson also requested that credit be given to their firm for the park fees assessed on the excess number of units proposed in the townhouse complex over the number of units now proposed. He called attention to a letter sub- mitted by their firm which requests a refund of $17,412.70 in park fees paid, or that a credit of .5617 Acre be applied to any future development which Larwin may construct within the City. Current Planning Supervisor Lee pointed out that the park land dedication and fees for this property was based on the development of the 300 acre Planned Unit Development and credit could not be given on the basis of a reduction in units on a small portion of the area. In discussing the conditions with the developer, it was agreed that automatic door openers could be eliminated on some of the lots by moving the un?ts back to provide for a 20 ft. driveway if a 20 ft. usable rear yard area would rema?n and a 10 ft. yard on one side of the structure. It was also agreed that the strip of property eliminated from lot 54 be designated as common open space and placed under the maintenance of the Home~ owners Association. As no one else wished to speak, the public hearing was closed. MSUC (Rice-Starr) . Recommend to City Council the approval of Planned Unit Development PUD-74 3 for Encore Bonita Estates~ subject to the conditions set forth in the staff report with the exception that condition 13 be revised to permit the inclusion of a portion of lot 54 in common open space to be main- tained by the Homeowners Association, the requirement of an irrigation system on interior slope banks 6 feet and over in height, and that the developer be given the option in condition 15 to increase the setback of the structures to 20 feet so long as he maintains a minimum of a 20 ft. usable rear yard and a 10 ft. side yard on one side. 6. Consideration of Tentative Map of Encore Bonita Estates~ PCS-74-6 - Larwih'San Di~o~ Inc. Current Planning Supervisor Lee advised this map is the resubdivision of 22 acres to accommodate the Planned Unit Development just discussed. He called attention to the discussion in the staff report concerning park land and to the Department's recommendation that the City adhere to the original park land dedication which included this land along with other units approved for devel- opment by E1 Rancho del Rey. -7- 10-23-74 He noted the Planning Department and Engineering Division conditions recom- mended in approving this tentative map. Chairman Chandler called upon the developer to discuss the proposed map. DeVere Anderson asked that the City give Larwin some credit for excess park land and fees since there are now fewer units proposed than originally approved for this particular property. He also felt some credit should be given for the $130,000 which Larwin spent on the private recreational facility that will serve this project. Mr. Anderson questioned the need for sidewalk ramps at each curb return as specified by the Engineering Division. Assistant Director of Public Works Robens advised that the requirement of side- walk ramps is mandated by the State law to accommodate handicapped persons. This is not similar to rolled curbs. Mr. Anderson displayed a map which indicated the location of rolled curb and of vertical curb. He objected to the requirement that portions of the rolled curb be removed and replaced with vertical curb. Mr. Robens pointed out that the existing rolled curbs were approved and installed when a townhouse development was contemplated. It is now proposed to change this development to a single family subdivision which requires different standards. He advised that some of the normally required standards have been modified for this development. The standards for R~I type subdivisions do not include rolled curbs and none presently exist in R-1 subdivisions throughout the City. The vertical curb prevents cars which park along the street from encroaching onto the sidewalk and also carry a far greater flow of drainage water than a rolled curb. For these reasons the Engineering Division believes the requirement for curbs as stated in their recommendation should be maintained. MSUC (Starr-Rice) Recommend to the City Council the approval of tentative map PCS-74-6 for Encore Bonita Estates subject to the conditions as recommended by the Planning Department and the Engineering Division as contained in the staff report. A recess was called at 9:50 p.m. and the meeting reconvened at 10:00 p.m. 7. PUBLIC HEARING (Cont.): Consideration of amendment of General Plan and th~ E1 Rancho del Re~ General Development Plan to bring into conformance with Hillside MOdifying District Director of Planning Peterson pointed out that the Council is in the process of reaching a decision on the 450 acre Plaza del Rey portion of this area. For that reason and due to the lateness of this meeting he suggested that this pub- lic hearing be continued to the meeting of November 13. Don Worley, 3003 Fourth Avenue, San Diego, representing Otay Land Company, _ pointed out the need for restudy of the traffic report which related to the -8- 10-23-74 development of this area. Such study is being undertaken by the City staff and will require two to three months to complete. Mr. Worley suggested con- tinuance of the consideration of applying the Hillside Modifying District to the area until that study has been completed. Mr. Peterson pointed out that the City Council has expressed interest in con- sidering application of the "H" District to E1 Rancho del Rey area as early as possible. He suggested continuance of the hearing to November 27th. MSUC (Rice-Rudolph) The public hearing for consideration of an amendment of the General Plan and the E1 Rancho del Rey General Development Plan to bring into conformance with Hillside Modifying District be continued to the meeting of November 27, 1974. 8. PUBLIC HEARING: Consideration of amendment to Zoning Ordinance provisions of "H" ....... Hillside Modlfyln~ Dlstr~ct relatlnfi to lot s~zes, PCA-7'4-5 - ' Director of Planning Peterson advised that the purpose of the "H" Modifying District is to regulate the amount of grading that can occur in the hill areas with the objective of preserving the topography to the maximum extent. Under the ordinance provisions as presently adopted the basic lot size, yard areas and setbacks as specified in the underlying zoning district--normally R-1 or R-l-lO-- still prevail. It is staff's opinion that there should be some flexibility in lot size and setback requirements where the Hillside District is applied if the grading is to be limited. The proposed amendment would allow for this flexi- bility. This being the time and place as advertised, the public hearing was opened. As no one wished to be heard, the public hearing was closed. MSUC (Pressutti-Rudolph) Recommend to the City Council the adoption of an amendment to Section 33.601A 7 by adding subsection (e) relating to Area, Lot Dimension, and Yard Requirement Modifications, to read as follows: Whenever the "H" Modifying District is established on the zoning map of the City of Chula Vista, the lot sizes, dimensions, and yard requirements shall be in conformance with the requirements of the underlying zone. However, the City Council may authorize departure from those requirements at the time of granting approval of the tentative subdivision map. In those cases where exceptions from the standards are granted, specific floor plans must be submitted for the lots under consideration. 9. Informational Items Director of Planning Peterson called attention to the scheduled Council field trip to tour parks and other publicly owned open spaces in the City on Saturday, October 26, 1974. It was noted that five Planning Commissioners have indicated their intent to participate in this field trip. Mr. Peterson also noted the Urban Affairs Seminar scheduled for two consecutive Saturdays in November. Commissioner Rudolph expressed her interest and desire to attend these two seminars. 10-23-74 The Director of Planning indicated he had no further report to make at this meeting. CO~MMISSION COMMENTS Commissioner Starr noted that the City Council has taken some action on the Plaza del Rey development subject to a number of conditions. He asked if that would be referred back to the Planning Commission, and if so, he felt a workshop to dis- cuss the entire project prior to the request for formal action would be most helpful, and might avoid such criticism as that recently directed at the Com~ mission by the City Attorney with regard to this same project. Mr. Peterson affirmed that the City Council is expected to act on a resolution concerning the Plaza del Rey project at their meeting on October 29 and it would then be referred to the Planning Commission for a recommendation. He saw no reason why this could not be discussed at a Commission workshop meeting prior to their formal action. It was suggested that this be considered at the November workshop meeting at 5:00 p.m., followed by dinner at 7:00 p.m. Commissioner Rudolph commented on the benefit of work,hop meeting~ and suggested that one would be helpful in considering the application of the ~lllside Modifying District to the E1 Rancho del Rey area. Mrs. Rudolph also expressed her dissatisfaction with the response received from the State Department of Transportation with regard to the undesirable t~affic situation on Second Avenue resulting from the construction of the South Bay Freeway and its present termination at Edgemere Avenue. She asked that the Council again be urged to take some action to alleviate the present condition. MSUC (Rudolph-Rice) The Planning Commission asks the City Council the volume and type of traffic now involved on Second Avenue and to take some positiye action to reduce the traffic. ADJOURNMENT Chairman Chandler adjourned the meeting at 10:25 p.m. Respectfully submitted~ .~ .. ,/}~,,~, ~,~.~ , ~elen Mapes ~ Secretary