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HomeMy WebLinkAboutPlanning Comm min 1974/03/27 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMISSION OF CHULA VISTA, CALIFORNIA March 27, 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 ~INUTES MSUC (Chandler-Rudolph) The minutes of the meeting of March 13, 1974 be approved as mailed. CONSENT CALENDAR 1. Consideration of request for extension of Variance PCV-735 for use of trailer for temporary office at 352 H Street - Chula Vista Federal Savings & Loan. MSUC (Rudolph-Wilson) The request be granted and the variance for temporary use be extended to June 15, 1975. REGULAR CALENDAR 2. PUBLIC HEARING: Conditional Use Permit PCC-74-6 - Request for Public Use Facility and construction in flood plain at North Glover and C Street - Department of Motor Vehicles Current Planning Supervisor Lee pointed out the location of the existing Department of Motor Vehicles facility and the proposed new location to the north and west, which will involve the realignment of Third Avenue and North Glover. The location of a public use facility in the C-C zone is subject to approval of a conditional use permit, as well as all permanent construction within the flood plain district. Mr. Lee advised that the City Traffic Engineer has requested a modifi- cation of the circulation system proposed by DMV to designate the Third Avenue driveway as exit only to eliminate a possible traffic conflict due to cars attempting a left hand turn into the facility from Third Avenue. It is flet the entrance from North Glover would handle entering traffic without conflict. Mr. Lee briefly reviewed the conditions recommended for approval of the plan relating to landscaping, architecture, lighting, directional signs and circulation. This being the time and place as advertised the public hearing was opened. -2- 3/27/74 Ennis Scott, Department of Motor Vehicles, District Manager, indicated that they had goped to have the additional entrance driveway from Third Avenue to facilitate the flow of traffic within the lot, but if this creates a problem they are willing to cooperate in any way possible and would accept the proposed modification. As no one else wished to speak, the public hearing was closed. The Commission discussed traffic and circulation problems, both on and off the site, and concurred that having only the one ingress driveway coming from North Glover would be the most feasible plan. It was suggested that consideration be given to eliminating the five parking stalls to the right of the entrance drive to prevent a conflict between cars backing out and those entering the lot. MSUC (Chandler-Staff) Condional use permit PCC-74-6 be approved subject to the following conditions: 1. A parcel map shall be submitted to the City in compliance with the provisions of the State Map Act. 2. A reevaluation of environmental impact shall be submitted to the City including an analysis of the following items: a. The traffic and noise impact on the neighborhood, particularly on North Glover and C Streets. b. Potential flood impact on the proposed facility. A copy of this reevaluation shall be submitted to the Comprehensive Planning Organization. 3. Revision of the site plan as follows: a. Prepare and submit a landscaping and irrigation plan in accordance with the Landscape Manual showing the location and types of all plant materials, irrigation equipment, and the following items: (1) Increase the width of planting strips of the exterior boundaries to 10' minimum. (2) For the southerly property line, show a predominance of specimen plants. (3) A 31/2 high masonry wall shall be included on the plan around the periphery of parking lots adjacent to public streets and on the southerly property line adjacent to the escrow office site unless mounding is used. b. Revise the architecture of the building by use of heavier wood beams to accent roof lines and wall trim. -3- 3/27/74 c. Show the locations, candlepower and shielding of proposed lighting on the site; care should be taken to divert direct light- ing away from the residential area to the east. d. Revise directional signs to include bilingual instructions. e. Circulation. (1) Driveways shall be standard, depressed type, rather than alley type. (2) The Third Avenue dirveway and the northernmost drive- way on North Glover shall be designated and used as "exit only." f. The building shall be designed to be floodproof and firmly anchored in compliance with City Code Section 33.525 C 2. The granting of this approval shall not create a liability on the part of the City of Chula Vista in the event of flood damage, pursuant pursuant to the disqualifier contained the City Code, Section 33.525 C 2 (g). Findings are as follows: a. The Department of Motor Vehicles facility at this location is a necessary public use to provide service to the South Bay area. The proposed facility is generally compatible with the surrounding land uses and will contribute to the general well- being of the neighborhood. b. The proposed facility will not adversely affect the neighborhood nor will it result in a hazard to persons or property because of its remote location relative to the flood mainstream. Although the facility itself could sustain flood damage due to inundation, if it is floodproofed and firmly placed in the ground, it will not itself pose a threat to surrounding improvements in the case of a flood situation. c. Subject to provision of the site plan to show landscaping as required and missing details, as well as submission of a parcel map and installation of public improvements, the facility will comply with City regulations. d. The General Plan is not adversely affected by these facilities since the use is authorized by conditional use permit in the C-C zone. -4- 3/27/74 3. PUBLIC HEARING: Conditional Use Permit PCC-74-4 - Request to use site as borrow pit for fill material, north of Telegraph Canyon Road, west of 1-805 - Dale Building Company, Inc. Current Planning Supervisor Lee reported that this is a request to use 11 acres of the applicant's 48 acre parcel as a borrow pit to supply approximately 300,000 cubic yards of fill dirt for the freeway const- ruction. This borrow pit area is divided between the visitor commercial zoned property adjacent to the freeway and the eastern portion of the residential area. These areas are separated by the future alignment of Nacion Avenue. On the residential property the finished grade will be an interim grade and will require minimal landscaping to control erosion until the property is developed. A 40 ft. high earthen berm will be required between the freeway and the visitor commercial property. This berm will be constructed and permanently landscaped in conjunction with the borrow pit operation. Commissioner Wilson questioned whether approval of this borrow pit operation would have any effect on the action taken by the City Council on the previous night with regard to the zoning of the residential area. Director of Planning Peterson advised this would not be in conflict with the Council action, and would allow for development of the entire site as a single Planned Unit Development or for incorporation of a tier of single family lots along the north edge of the property. This being the time and place as advertised, the public hearing was opened. James Hutchison, Wilsey and Ham, 1400 Sixth Avenue, San Diego, re- presenting Dale Building Company, reported that their development plans for this property have indicated an excess of approximately 300,000 cubic yards of dirt and it is their desire to dispose of this excess dirt through the borrow pit operation. He pointed out the advantage of constructing the earthen berm while the freeway is under construc- tion since it will be necessary to perform some of the work from the freeway right of way. It was also pointed out that the periphery of the borrow pit area will blend into the natural slope. In response to a question from Commissioner Rice, it was confirmed that the Environ- mental Impact Report for the Hilltop Terrace project considered this grading as the first phase of the development. John Kracha, 358 East Milan, questioned the inclusion of this operation in the Environmental Impact Report. He expressed opposition to the borrow pit because of the single family homes in the area and the hazard to small children. As no one else wished to speak, the public hearing was closed. Commissioner Floto asked how long the borrow pit would be in operation for the removal of the desired quantity of dirt. -5- 3/27/74 James Hutchison advised that the freeway contractor is presently moving approximately 30,000 cubic yards a day. At that rate it would require 10 days to remove the dirt from this area, but he would anticipate it might require 30 to 45 days. He reported the contractor has expressed a need for this fill material toward the end of April or first part of May. Commissioner Wilson asked for clarification on the action taken by the Council at the previous night's meeting and for assurance that approval of this conditional use permit would not prejudice action which the Council will take in considering ultimate development of the property. Director of Planning Peterson confirmed that the grading proposed by this request on the residential portion of the property would be compatible with either a planned unit development plan or with single family lots across the northern boundary. MSUC (Wilson-Rice) Conditional Use Permit PCC-74-4 be approved subject to the following conditions: 1. The grading plan shall be revised to include temporary drainage facilities as follows: The drainage ditch along Telegraph Canyon Road shall be graded temporarily to handle the increase in runoff generated by the two borrow pits. The approximate length of the ditch to be graded will be subject to approval of the grading plan by the Engineering Division showing cross sections and gradient of the drainage ditch. The new coefficient for runoff will be increased due to the re- moval of vegetation within the borrow pit areas. 2. Prior to the issuance of a grading permit all landscape plans shall be prepared and approved, showing the following: a. For grading area west of Nacion and 2:1 slope bands east of Nacion: interim erosion control. (Suggest the use of rye grass planted prior to fall rains in late September.) b. For the 40' earthen berm: a finished landscape and irrigation plan showing ground cover, shrubs and trees, and a permanent irrigation system. The landscaping and irrigation shall be installed within 30 days after grading is completed, unless furhter approval is given to the Hilltop Terrace PUC and/or commercial development area causing further grading and construction to start before the 30 day period has expired. The applicant shall post a bond to guarantee that the landscaping, irrigation, and mainten- ance will be accomplished in accordance with these conditions. 2. During the course of grading operation, dust control measures (water trucks, etc.) shall be on site and in operation at all times. -6- 3/27/74 Findings are as follows: a. The proposed borrow pit is a desirable use from the viewpoint of providing dirt for freeway construction in an economical manner; most of the dirt, according to Wilsey & Ham's representative, will go to the H Street/I-805 interchange a short distance away. b. With adequate dust control measures the grading associated with the borrow pit wil'l not be detrimental to residents in the area in terms of air pollution. The noise and vehicular activity associated with the grading will be a. nuisance, but of a temporary nature, no more so than the grading now going on for the freeway itself or grading for the entire Hilltop Terrace project. c. Subject to the conditions outlined in the recommendation, the borrow pit operation wil comply with city regulations. d. The General Plan will not be adversely affected by this project. Commissioner Wilson commented that three or four months ago he had asked for a legal opinion as to whether or not the Commission could resume taking field trips as a body to the sites to be considered in public hearing. He felt field trips are especially beneficial in considering items like the previous one where it is difficult to determine the impact of the proposal under consideration. Deputy City Attorney Beam advised that the only problem relating to field trips is the requirement under the Brown Act that any meeting of a public body be public. He felt that advertising the field trip as open to the public would meet that requirement, or the Director of Planning might schedule trips to be attended by less than a quorum of the Commission. Commissioner Wilson urged that through some means of meeting the legality, field trips be resumed. 4. PUBLIC HEARING: Conditional Use Permit PCC-74-5 - Request to operate part-time preschool facility at 260 Fifth Avenue in R-3 zone - T. Pieknik Director of Planning Peterson reported that the proposed preschool facility would operate between the hours of 9 a.m. and 12:30 p.m., to accomodate up to 20 children. ~He pointed out one correction to the printed report, which is the fact that the dwelling would be used for residential purposes as well as for the part-time preschool activity. He advised the staff was concerned with the lack of offstreet parking space for the parents leaving and picking up the children, but investi- gation revealed that traffic on Fifth Avenue is relatively light during the hours when the children would be brought to the school and picked up, and by restricting the permitted time for parking in front of this residence, the curb area could be used for leaving and picking up the children. The staff recommends approval of the request subject to periodic review to determine any problems with this operation in the residential area. -7- 3/27/74 Tadeusz Pieknic, 72 F Street, expressed his concern that the 3 sq. ft. sign as recommended in the staff report would not be adequate, and asked consideration of permitting a 30" X 48". He felt the sign should desig- nate, in addition to the name and phone numbers, the hours of operation and the age limits of children who may be enrolled. He felt if this information is contained on the sign, it will save innumerable time consuming phone calls. He added that if a sign that size would not be approved he would ask consideration of a sign 2' x 3'. Mrs. Jeannette Pieknik, 72 F Street, elaborated on the need for a 30" x 48" sign in order to adequately identify the service available. John Brock, 274 Fifth Avenue, presented a petition containing 75 signa- tures, representing 80 to 85% of the residents in the area, who are opposed to any use other than residential, since it is an established residential area. He also pointed out there are presently several other day care nurseries in the area. Commissioner Starr asked the applicant for a brief description of the activity of the school. Mr. Pieknik advised this would include rhythmic expressive movements, arts and crafts, music, and various educational and fun activities conducted inside the building, with approximately a half hour play period outside for each of the two groups in attendance each day. He pointed out that the back yard area is completely enclosed with a solid wood fence, and several trees on the property, which would cut down the noise from the play activity. Ray Dobbs, 269 Fifth Avenue, expressed opposition based on the fact that Fifth Avenue is narrow and there is presently inadequate street parking in the area. Mr. Rickenback, 288-1/2 Fifth Avenue, voiced objection and suggested that it would probably be increased to an all day activity. Mr. Robinson, 277 Fifth Avenue, asked the length of the curb proposed to be painted green for limited parking. It was pointed out this would be 76' of curb in front of the subject property and would permit parking for 12 minute periods between 9 am. and 6 p.m., with no restriction on night time parking. Robert Gross, 280 Fifth Avenue, noted this area is zoned for R-3 resi- dential use and this proposal is for a profit making operation. He asked if that would change the zoning or the tax rate. It was affirmed that this would not change zoning and that this type of use is allowed as a conditional use in the R-3 zone. Mrs. Pieknik avowed that their part time program would not create as much noise in the neighborhood as a family with children who might occupy the residence. -8- 3/27/74 Mrs. Jenny Brooks, 274 Fifth Avenue, reported that she lives next door to this residence and noise from inside the house is audible, as well as noise from the three children when they play outside. She noted there are a number of apartments in the area and excessive noise will make it difficult to keep tenants. As no one else wished to speak, the public hearing was closed. Commissioner Rudolph pointed out that nursery schools are one of the uses permitted in residential zones based on the fact that it is good land use to provide such service close to the people who may need it. She felt the hours and conditions ofoperation for this facility make it compatiable in a residential neighborhood. It was moved by Commissioner Rudolph that conditional use permit PCC-74-5 be approved subject to the conditions recommended in the staff report. The motion died for lack of a second. It was moved by Commissioner Wilson that conditional use permit PCC- 74-5 be approved subject to the recommended conditions with the exception that condition 7 pertaining to a freestanding sign, be changed to allow a sign 2 1/2' X 4' The motion died for lack of a second. Commissioner Rice pointed out that in order to approved a use of this nature the Commission must feel there is a need for the facility at that location. While he recognizes there is a need for this type of use within the community he did not feel there has been a demonstrated need at this particular location. He also felt the property is not sufficiently buffered from surrounding residential uses. It was moved by Commissioner Wilson, seconded by Commissioner Rudolph, that conditional use permit PCC-74-5 be approved subject to the re- commended conditions with the exception that a sign 2' x 3' would be permitted. The motion failed by the following vote: AYES: Members Wilson and Rudolph NOES: Members Rice, Chandler, Macevicz, Starr and Floto ABSENT: None Chairman Macevicz advised the applicant of the right of appeal to the City Council within ten days. -9- 3/27/74 5. PUBLIC HEARING: PCA-73-2 - Consideration of amendment to Zoning Ordinance and adoption of Development Policy relating to Mobile Home Parks - PCA-73-2 Director of Planning Peterson noted that the Commission had recommended to the City Council last October the adoption of a Mobile Home Park Policy and changes in the ordinance. The Council did not adopt that policy and referred it back to the Commission, directing that further study be pursued in certain areas. The Council suggested that the standards for density, open space, and storage requirements be the same for both small and large mobile home parks. In the revised proposal the density range is the same for large and small parks-- not more than 8 units per acre; the open space required per unit is also the same. Among other proposed changes is the requirement that the lot size within mobile home parks be varied with 10% of the lots be not more than 40 ft. wide to provide for single width trailers; the front setback is increased to 8 ft. with the average setback being 11 ft. There is also a change in the procedure to establish the "M" Mobile Home Park Modifying District rather than requiring a conditional use permit for approval of the parks. Mr. Peterson pointed out that a correction should be made on page 2 of the proposed policy, under paragraph 3b, to require that the length of the lot shall be a minimum of 13 feet more than the coach length, and that Exhibit "A" should be corrected to show a front setback of 8 feet. Commissioner Wilson questioned the statement that 84% to 95% of the total number of coaches sold between 1960 and 1970 were 14 feet wide or less, and asked if that figure included travel trailers. Mr. Peterson advised the figure was from a nationwide report and did not include travel trailers. Commissioner Wilson also pointed out that these standards demand a certain portion be set aside for "an income mix" while this is not required in a single family residential development. Mr. Peterson felt it a question of degree and pointed out that in a large mobile home park recently developed near Southwestern College which is predominately double width, there are about 10% single width trailers and this tends to break up the otherwise uniform appearance of a mobile home park. Commissioner Wilson felt the market demand would be a regulator of the number of smaller trailers and this regulation should not be written into the policy. He questioned the limitation of no more than 15% of total dwelling units in the city to be mobile homes and also the requirement for 6' solid masonry walls along interior property lines as well as dedicated street frontages, pointing out that in some instances two mobile home parks abut each other. Mr. Peterson pointed out the policy contains provisions for exceptions to this requirement. -10- 3/27/74 This being the time and place as advertised, the public hearing was opened. Harry Hoak, 2575 Caminito Espino, San Diego, asked if the proposed policy would affect the building of new parks only, and not those parks already in existence. Mr. Peterson affirmed that is correct. As no one else wished to speak the public hearing was closed. Commissioner Rudolph expressed support for including the 10% require- ment of single width lots, so they would be available for those who desire the narrower trailers. She also asked that the issue of tenants' rights be addressed by the City Attorney. Deputy City Attorney Beam reported there is some recent legislation in the State which provides for the reasons, and the only reasons, that a tenant can be evicted from a mobile home park. He advised that the City Attorney's office has discussed a method of advising tenants of their rights under existing State law. Commissioner Rudolph noted that concern has been expressed over the fire hazard in trailers and trailer parks. She recognized that the State preempts the City on any code regulations for factory built housing, but if the building inspection and fire departments feel there is reason for concern, this concern should be expressed to the State Legislature by the City Council. Commissioner Rudolph asked if the requirement for open space might unduly increase the cost of this type of housing. Mr. Peterson advised he did not believe that aspect would be very burdensome; some of the other requirements might have that effect more than the open space requirement. MSUC (Chandler-Wilson) Recommend to the City Council the adoption of the Development Policy for Mobile Home Parks, with the corrections noted by Mr. Peterson, and enactment of the proposed amendments to the Zoning Ordinance. ORAL COMMUNICATIONS John Kracha, 358 East Millan, again raised a question about the environ- mental impact report covering the operation of the borrow pit approved earlier, noting that such a report is not presently available in the library. Commissioner Rudolph explained that draft environmental impact reports are available in the public library for review and comment from inter- ested citizens prior to consideration and adoption by the Planning Commission. -11- 3/27/74 John Brooks, 274 Fifth Avenue, expressed thanks to the Commission for their action in denying the request for the part-time preschool activity considered earlier. DIRECTOR'S REPORT Mr. Peterson reminded the Commission there is no meeting scheduled for the following week; the next meeting will be on April 10, 1974. Commissioner Wilson reported that he will not be able to attend the meeting on April 10th; his absence on that date was excused by the Commission. ADJOURNMENT Chairman Macevicz adjourned the meeting at 9:15 p.m. Respectfully submitted, Helen Mapes Secretary