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HomeMy WebLinkAboutPlanning Comm min 1974/05/22 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMISSION OF CHULA VISTA, CALIFORNIA May 22, 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: Macevicz, Chandler, Rice, Rudolph, Wilson, Floto and Starr. Also present: Director of Planning Peterson, Current Planning Supervisor Lee, Assistant Director of Public Works Robens, Deputy City Attorney Beam and Secretary Mapes. APPROVAL OF MINUTES MSUC (Chandler-Rudolph) The minutes of the meeting of May 8, 1974 be approved as mailed. CONSENT CALENDAR 1. Request for deferral of public improvements in alley between Third Avenue and Church, south of E Street - Terry Tanaka This 20 ft. wide alley is presently paved with asphaltic concrete and/or oil surfaced from E Street to Davidson. The surfacing is substandard since the City Ordinance requires concrete cement paving for public alleys; however, it is impractical to construct individual sections of the alley because of grade and drainage problems. Approval of the request for deferral is recommended subject to conditions to assure installation in the future at the City's request. 2. Request for extension of time on variance PCV-73-4 for reduction in front and side yards at 223 Davidson Avenue This variance was approved in May 1973; the applicant has requested an extension of time in order to complete his plans, including complete soil tests and engineering drawings. The staff recommends approval of the request. MSUC (Wilson-Rice) Items on the consent calendar be approved in accordance with staff recommendation. REGULAR CALENDAR 4. PUBLIC HEARING: Rezoning PCZ-74-F, 16.3. acres north of Telegraph Canyon Road, R-1 to R-1-PUD Windsor Park Enterprises Director of Planning Peterson pointed out that a proposal for development of this property was first presented over a year ago, at which time it was denied by the Commission, appealed to the City Council, and the appeal denied by the Council, based on the finding that development was premature at that time due to incomplete studies concerning the alignment of Telegraph Canyon Road and the adjacent drainage channel. The Council indicated that if the staff studies discussed at that time were not completed within 90 days, development of the property should again be considered. -2- 5/22/74 Current Planning Supervisor Lee advised that under the proposed R-l-PUD zoning the density range would be 4~ to 6~ units per acre; the applicant has submitted a plan at 4 units to the acre. The General Plan places this area in a range of 4-12 units per acre. The average slope of the property is approximately 16%; if the Hillside Ordinance were applied to this property it would allow 50 units, whereas the applicant's plan contains 56 units. Mr. Lee called attention to the findings for a recommendation of approval of the requested zone change. This being the time and place as advertised, the public hearing was opened. Gerry Simon, Toups Engineering, consultants on the project, indicated he had no information to add to the staff report but would answer any questions of the Commission. As no one else wished to speak, the public hearing was closed. Commissioner Chandler commented that the near adherence to the Hillside Ordinance makes this a desirable development for the area. MSUC (Rudolph-Chandler) Recommend to the City Council the change of zone from R-1 to R-l-PUD for PCZ-74-F based on the findings contained in the staff report. 5. PUBLIC HEARING: Consideration of Planned Unit Development PUD-74-! - Windsor Views 6. Consideration of Tentative Subdivision map PCS-74-1 - Windsor Views Current Planning Supervisor Lee suggested that these items be discussed together with separate action by the Commission on the two applications. He called attention to the two maps on display; the tentative subdivision showing the lot boundaries and circulation system, and the PUD map showing the location of the dwellings and the offstreet parking. He noted there will be 56 units in five clusters, as compared to the 1972 proposal for 72 units. Under this proposal the total site coverage by structures amounts to 14%. Mr. Lee pointed out the recreation area is not centrally located, but is located at the north end of the property and has been dropped below the top of the knoll so that it will not infringe upon the view of the adjoining property to the north when it is developed. In addition to this recreational area there are barbecue areas within each of the clusters of dwellings along with the required usable open space. Hr. Lee pointed out that this applicant is using many of the techniques described in the Hillside Policy, such as clustering units, narrowing the streets, orienting structures towards the view and using half-split floor plans. This plan conforms to the Open Space Policy adopted by the City in that the units are set back 240 to 300 feet from Telegraph Canyon Road with landscaping on the slope bank. Mr. Lee called attention to the 8 conditions recommended in approving the Planned Unit Development and advised that condition 2 d. should be clarified to require -3- 5/22/74 revisions to bring the PUD site plan and tentative map into conformance with each other. Also that condition 3 e. relating to landscaping should indicate a requirement for installation of permanent landscaping within the boundary of the Planned Unit Development and temporary landscaping of the drainage channel and Telegraph Canyon Road right of way for erosion control only, since it is recognized construction will be taking place within a few years, which makes the cost of permanent landscaping infeasible. Mr. Lee briefly discussed the tentative subdivision map, pointing out that the only public road is the frontage road parallel to Telegraph Canyon Road, while the remainder of the circulation system consists of private roads to serve the clusters of dwellings. He called attention to the noise impact as discussed in the Environmental Review Report which indicated an undesirable noise level extending from Telegraph Canyon Road to approximately 380 feet into the project; for this reason it is recommended that mounding and solid walls be required in front of the units nearest to Telegraph Canyon Road to reduce noise levels to an acceptable standard. Mr. Lee called attention to the list of 34 conditions contained in the staff report and recommended that the following modifications or additions be con- sidered: Deletion of parking spaces from the center of "B" Court, as well as "C" Court; requirement that the curve radii for all private streets be shown; cul-de-sacs shall utilize a 30 ft. diameter and decorative pavement, or as an alternative, smaller diameter and a tree well, and shall be subject to the approval of the Directors of Planning and Public Works; and the requirement that public right of way be secured for offsite areas prior to the recordation of the final map. This being the time and place as advertised, the public hearing for consideration of the Planned Unit Development was opened. Jerry Simon expressed appreciation to the Planning Department staff for the assistance rendered in developing this plan. He reported the applicant has no objection to the conditions relating to the PUD; however, they do have disagreement with the conditions of approval of the tentative map relating to offsite improvements. He pointed out that their development has been delayed for approximately two years awaiting the alignment of Telegraph Canyon Road. This has now been accomplished, but a problem still exists on the vertical align- ment of the drainage channel. For this reason, when they started on plans for this development they opted to use a temporary access road, as shown on the PUD site plan. It is now indicated that these elevations will be available in the near future and the permanent access road could be designed. }t is their contention, however, that they have complied with the Subdivision Ordinance which requires an access to the development, to be developed to the standards of the City Engineer. They find that now the Engineering Division is recom- mending approval subject to: (1) improvement of the temporary access road to the City Engineer's standards, and (2) bonding for the improvements of the future collector road, which consists of a 61 ft. wide box culvert and half of the improvement of the frontage road running in an east-west direction, connecting the subject property to the collector road. He felt there is a difference of opinion in interpretation of the ordinance as to whether they have complied with the requirement for furnishing access to the site. -4- 5/22/74 In response to a question from Deputy City Attorney Beam, Mr. Simon reported that he has now been advised that the engineering design for the drainage channel should be available within six months; they were not aware of this at the time they designed the present plan which includes the temporary access over the channel. Mr. Simon also pointed out their concern over the equity of requiring them to pay for installation of the culvert as well as half the improvement of the frontage road, since their property represents only about 18% of the frontage that will be served by this frontage road. He reported he has been advised by the City Engineer that they would have to acquire half the right of way for the frontage road and collector road and bond improvements of the same. Assistant Director of Public Works Robens confirmed that if the applicant chooses to construct the temporary access route, then they will be required to bond for acquisition of right of way of the permanent route and half of the offsite improvements. Mr. Simon contended that they should not be forced to develop the permanent collector road at this time and pay a disproportionate share of the cost. He expressed a willingness to construct the temporary access road and bond for its removal at such time as the permanent collector road and frontage road have been installed to serve other development, and would pay a fair share of the permanent improvements. Mr. Robens reported that the Director of Public Works has indicated that the City should be very cautious about approving the subdivision with only temporary access. He also advised that the cost of street improvements are not recoverable by the developer who is required to install improvements. Deputy City Attorney Beam reported that he has discussed this matter of improve- ments with the City Attorney and there is precedent supporting the position that when an improvement is of measurable benefit to the City, the City may enter into an agreement for its installation. As no one else wished to speak, the public hearing was closed. MSUC (Wilson-Rice) Recommend to the City Council the approval of PUD-74-1 sub- ject to the eight conditions in the staff report and the modifications submitted by Mr. Lee. In discussion of the tentative map, Commissioner Wilson expressed the opinion that the requirement for offsite improvements places an unfair financial burden on this developer and allows future developers to derive benefit from those improvements. Mr. Peterson pointed out that the question of timing enters into the equation of offsite improvements; the initial developer is frequently required to pay a larger share of the cost in order to assure that the improvements will be adequate to serve his development prior to the development of the surrounding properties. If this developer were content to wait until the adjacent property develops he would not suffer this burden, but it's a price he pays in order to go first. -5- 5/22/74 Commissioner Starr asked if the cost of the offsite improvements are a known factor at this time, or if it might work a hardship on the applicant to proceed without this information. Assistant Director of Public Works Robens advised that two items not known at this time include the exact alignment of the north-south collector road, although a general alignment has been determined, and he felt the engineer's exact align- ment would not vary enough to create any problem. The other factor is the elevation of the drainage channel, and the City Council has authorized the Director of Public Works to proceed with drawing an agreement with Wilsey and Ham to design the drainage channel for the entire region of Telegraph Canyon from Rutgers Avenue to Crest Drive. There will be a stipulation in the agreement as to when the design will be completed but the private engineer has indicated it can be accomplished within three to four months. MSC (Rudolph-Chandler) Recommend to the City Council the approval of the tenta- tive map for Windsor Views PCS-74-1, subject to the conditions enumerated in the staff report and the modifications presented by Mr. Lee. The motion carried by the following vote: AYES: Members Rudolph, Chandler, Floto, Macevicz and Rice NOES: Members Starr and Wilson ABSENT: None 7. PUBLIC HEARING: Consideration of amendment to Zonin9 Ordinance relating to Family Da,y Care Homes Director of Planning Peterson requested that the Commissioners revise the pro- posed amendment at the bottom of page 20 by deleting the stipulation of "16 years of age or younger" and by changing "including" to "excluding." The proposed amendment would then read "Family Day Care Homes serving from four to six children, excluding the day-care family's natural or adopted children." Mr. Peterson pointed out that approximately a year ago the Commission and Council adopted an amendment to the ordinance relating to foster homes, and at that time the County requested an additional zoning text amendment dealing with day care homes. He noted that at the present time the Zoning Ordinance allows day care homes for not more than 3 children, in addition to the natural children in the home, as a principal use in all residential zones. The County has requested that this be increased to 6 children as a matter of right with no conditional use per- mit procedure. It is the opinion of the Planning Department staff that no more than 3 should be allowed as a matter of right, and that a home desiring more than 3 children should apply for a conditional use permit in order that the neighbors may be informed of the use and given an opportunity to respond. This being the time and place as advertised, the public hearing was opened. Bim Plumb with the Licensing Section of the San Diego County Welfare Department, spoke of the value to the community of a sufficient number of day care homes to provide care for the children of those mothers faced with the necessity of obtaining employment. He felt the more flexible the ordinance can be, the easier it is to obtain an adequate number of day care homes. He also pointed -6- 5/22/74 out there is some confusion in the proposed amendment which would allow as a permissible use not more than three children, excluding natural or adopted children of the day-care family, and the requirement for a conditional use permit for day care homes serving from 4 to 6 children including the day-care family's natural children. He felt in some instances this would limit the number to even less than three if there were a larger number of natural children. In response to a question from Commissioner Rudolph, Mr. Peterson concurred to that the amendment relating to conditional use permit allowance should be 4 6 children, excluding the day-care family's natural children, or as better language should read, "4 to 6 children, in addition to the day-care family~s natural or adopted children." Commissioner Wilson suggested it would simplify matters if the City would use the County formula of permitting up to 6 children, including the family's natural children, as a matter of right, eliminating the requirement for a conditional use permit. The Commission discussed the possibility of waiving the fee for a conditional use permit but it was felt the Commission does not have that right. Commissioner Wilson expressed the opinion that up to 6 children cared for within a home would not have a disruptive impact on a neighborhood. Judy Evans, 1431 Camellia Court, licensed day care mother and member of the San Diego County Day Care Association, expressed concern over the possible $35.00 or $85.00 fee for a conditional use permit which she felt would deter many families from applying for a day care home. She pointed out the need for low cost day care in Chula Vista. She also pointed out that State Assembly Bill 457 waived the licensing fee for family day care homes for six or fewer children on the grounds that such a fee would create a financial hardship. She asked that the Commission give favorable consideration to allowing up to 6 children without a conditional use permit. As no one else wished to speak the public hearing was closed. Commissioner Rudolph suggested adopting the State definition of Family Day Care Home and allowing this use as a right in all residential zones. Commissioner Starr pointed out that since the State definition provides for a different number of children at different age levels, it might be confusing if there were a mixture of ages in one family. Mr. Plumb explained how the County administers this type of situation. MSUC (Wilson-Rudolph) Recommend to the City Council an amendment to the Zoning Ordinance to permit 6 children in a Family Day Care Home as a matter of right in all residential zones. DIRECTOR'S REPORT Mr. Peterson reminded the Commission there will be no meeting next week or the following week, since those are the fifth and first Wednesdays. The next meeting will be held on June 12th, with a special meeting for the continued public hear- ing to consider the sign ordinance provisions on June 19th. -- -7- 5/22/74 COMMISSION COMMENTS Commissioner Wilson reported that he will not be able to attend the meetings on June 12th or June 19th. Chairman Macevicz announced this is his last meeting with the Commission, since his resignation was submitted to the City Council on the previous night to be effective June 1, 1974. The Commission expressed regret that he is leaving and gratitude for the service he has rendered as chairman for the past year. ADJOURNMENT Chairman Macevicz adjourned the meeting at 8:40 p.m. Respectfully submitted, Helen Mapes Secretary