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HomeMy WebLinkAboutPlanning Comm min 1986/12/03 Tape No : 276 Side: 1 0-440 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 5:00 p.m. Public Services Building Wednesday, December 3, 1986 ROLL CALL COmmISSIONERS PRESENT: Con~nissioners Cannon, Carson, Grasser, Green and Tugenberg COMMISSIONERS ABSENT: Chairman Shipe STAFF PRESENT: Director of Planning Krempl, Principal Planner Lee, Deputy City Attorney Moore, Senior Civil Engineer Daoust PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman pro Tempore Cannon and was followed by a moment of silent prayer. APPROVAL OF MINUTES MSC (Carson/Green) to approve the minutes of the meeting of October 22, 1986, as mailed. Grasser abstained because of absence from the meeting. ORAL COMMUNICATIONS None 1. PUBLIC HEARING: PCS-84-1 CONSIDERATION OF REQUEST FOR EXTENSION OF TENTATIVE SUBDIVISION MAP FOR EUCALYPTUS GROVE, CHULA VISTA TRACT 84-1 - STAFFORD GARDNER DEVELOPMENT Principal Planner Lee stated that the applicant, Stafford-Gardner development, is requesting a 2-year extension of the tentative subdivision map for Eucalyptus Grove, Chula Vista Tract 84-1; the map to expire on January 17, 1989. The project is now under construction. Since an agreement exists between the developer and the City for the provision of low-and-moderate- income housing, the units will be leased as apartments for approximately 10 years. Staff is recon~nending approval. Planning Commission Minutes -2- December 3, 1986 This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MSUC (Tugenberg/Carson) to approve a 2-year extension of the tentative map for Eucalyptus Grove, Chula Vista Tract 84-1; the map to expire on January 17, 1989. 2. REPORT: PCZ-87-B CONSIDERATION TO REZONE 0.19 ACRES AT 618 FOURTH AVENUE FROM R-1 TO R-3-P-5 - EDUCARE CHILDREN'S CARE Principal Planner Lee noted that the item involving a request to rezone 0.19 acres located at 618 Fourth Avenue from R-1 (Single-family Residential) to R-3-P-5 (Multiple-family Residential/5 du/ac.) in order that the property might be used as a preschool was considered by the Planning Commission at the meeting of October 8, 1986. By a vote of 3-2 with two Commissioners absent, it was recommended that Council approve the rezoning. The Municipal Code, as presently drafted, requires an affirmative vote of not less than a majority of the seven-member Commission (4 votes) to forward a recommendation of approval to the Council. In the absence of a majority recommendation, the Code considers the application to be a denial. At the November 18th meeting, Council open and closed the public hearing and moved to approve the rezoning and refer the matter back to the Commission for either endorsement of Council's action or for additional comments. The item will then be returned to Council. The applicant has agreed that a recorded deed restriction or agreement prohibiting multiple-family development on the site would be submitted to the City Attorney prior to formal Council action on the rezoning ordinance per Council stipulation. The applicant is now moving ahead with a conditional use permit to expand the daycare facility. Council also directed staff to bring back an amendment to delete from the t~unicipal Code the present requirement that Council's overruling of the Commission's recommendation must be referred back to the Commission for report and recommendation. In reply to questions from the Commission regarding the workability of a deed restriction and the possibility of future law suits using this case as a precedent, Deputy City Attorney Moore said that an agreement between the City and Educare might be a control method and that under our Municipal Code, each application for rezoning is weighed on its own merits which Council could deny or approve. Commissioner Cannon stated a deed restriction includes a reversionary stipulation and asked to whom the property would revert. Commissioner Carson declared that she had been absent at the time this item was first considered by the Commission, but she has read the reports and minutes and feels competent to vote on the matter. MS (Tugenberg/Grasser) to endorse the action of the Council without comment. Planning Commission Minutes -3- December 3, 1956 Discussion by the Commission included statements that from the zoning standpoint, R-3 zoning in an R-1 area was not appropriate and created a bad precedent; such action appeared to be spot-zoning; a decision was being made that would be referrable to other property in the City; and other childcare facilities could ask for the same preferential treatment. The motion failed by the following vote: AYES: Commissioners Tugenberg and Grasser NOES: Commissioners Cannon, Green and Carson ABSENT: Commissioner Shipe (Commissioner Guiles' seat still being unfilled). The question was asked if any of the Commission wished to make additional comments that would indicate to the Council the tenor of the Commission's thinking and the divergent views on the subject. MSC (Green/Carson) to state that the Commission considers this to be a case of spot-zoning and is of the opinion that it is an improper method of addressing the issue. Commissioners Tugenberg and Grasser voted "no". DIRECTOR'S REPORT Director Krempl reported the following: - The December l0 workshop will include the first of several key status reports on the General Plan Amendment Update. PRC will discuss feedback from the citizen telephone survey. Department Heads and representatives from the Resource Conservation Commission have been invited. Council will have a similar workshop in January, 1987. The improvement plans for the ultimate six-lane widening of East "H" Street have been filed and are being reviewed by the City; however, in accordance with the agreement between the City and EastLake, no additional building permits will be issued until actual construction starts. No other builders are affected. Council has requested that an emergency ordinance be brought back enacting a moratorium on development east of 1-805 for 4 months. A report on the impact of such a moratorium on Planning, Engineering and Traffic was also requested. Staff has been requested to submit a report on whether we should return to LAFCO and again request the inclusion of United Enterprises' territory in Chula Vista's Sphere of Influence. SANDAG representative Mike Hix apprised the Council at their workshop of the traffic impact on the incorporated and unincorporated areas of the Otay Mesa area. A policy meeting has been scheduled among the elected representatives of Chula Vista, San Diego and the County regarding this issue. The meeting might result in a further study being made with particular emphasis on scaling back the intensity as well as the amount of industrial land use on the Mesa plus a possible moratorium on tentative map issuance until the study is completed. December 3, 1986 Planning Commission Minutes -4- Director Krempl pointed out that there is sufficient time to get some input from the p~anning Commission on these issues during the next two workshops. COM~ISSION COM~ENTS: The Commission inquired if any selection had yet been made for the new Planning Commissioner. Commissioner Carson asked when the list of projectS under development (previously requested by Commissioner Tugenberg) would be distributed to the Commission. _ Commissioner Cannon asked for developments regarding the sign and the parking situation at the Bonita Store. He was informed that the sign was legally approved in 1980; and the parking was being investigated. Principal Planner Lee stated that a letter had been sent to Saint John's Church regarding the double-parking and loading and unloading children. ADJOURNMENT AT 5:30 p.m. to the Regular Business Meeting of December 17, 1986 at 7:00 p.m. in the Council Chambers. Th M. Smith, Secretary Planning Commission WPC 3498P