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HomeMy WebLinkAboutPlanning Comm min 1984/07/11 Tape #248, Side 1 0-1475 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 Council Chanbers Wednesday, July 11, 1984 Public Services Building ROLL CALL COmmISSIONERS PRESENT: Chairman O'Neill, Commissioners Cannon, Johnson, Pressutti and Shipe COMMISSIONERS ABSENT: Commissioner Guiles and Green with notification STAFF PRESENT: Principal Planner Lee, Assistant City Attorney Gill, Secretary Ruth Smith PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman O'Neill and was followed by a moment of silent prayer. ORAL COMMUNICATIONS None 1. PUBLIC HEARING: CONDITIONAL USE PERMIT - PCC-84-24 REQUEST TO CONVERT AN EXISTING SELF-SERVICE GAS STATION LOCATED AT 798 THIRD AVENUE INTO A SELF-SERVICE STATION/MINI- MARKET- BEST CALIFORNIA GAS Principal Planner Lee stated that the item involves a request to convert an existing self-service gas station with an auto repair into a self-serve station/mini-market. The site is located at the northwest corner of Third Avenue and "J" Street. The applicant intends to discontinue the auto repair operation and use the building for a 24-hour-a-day mini-market while retaining the gas station service under the freestanding canopy. The site meets the requirements for parking and has minimal landscaping provided. The present station has gone through periods of time when no auto repair service was provided; therefore, the discontinuance will not represent an appreciable reduction in service in the area. Also, tile proposed mini-market will provide a different service not presently available. Staff expressed concern that the existing orientation of the pump islands (perpendicular to Third) does not provide for good on-site circulation and occasionally causes conflicts within the public right-of-way. This is P1 anning Commissi on -2- 7/11/84 compounded by the amount of traffic on Third Avenue and tile location of the left-turn lane placing the outside travel lane adjacent to the curb. Therefore, staff proposed that tile number of driveways on Third Avenue be reduced and the pump island should be reoriented parallel to Third Avenue. The applicant agreed that tile suggestions would make the plan function better; however, the cost is not within the company's remodeling budget; therefore, tile applicant was opposed to the changes. Staff concluded that the reorientation of the pump island parallel to Third Avenue is necessary and that unless that applicant agrees to this condition, the request for conversion should be denied. Sketches and slides were shown of the proposed remodeling utilizing tile existing structure and a site plan reflecting the retention of idle three curb cuts. The Traffic Engineer I~as expressed concern about retaining tile driveway because of the traffic. If any conflicts exist, the stacking of cars protrudes out into Third Avenue. Staff also expressed concern about the minimal landscaping and the overall signing for the station. This being the time and place as advertised, the public I~earing was opened. Peter D'Amico, Manager of Construction, Thrifty Oil, stated the installation of a mini-market requires an investment of $125,000 to $130,000. The cost estimate for relocation of the islands would be another $125,000 to $130,000 wllich would make the entire project infeasible. The company proposes retaining only one large driveway in front of the island as the safest method of circulation for cars and the gas trucks. Mr. D'Amico referred to the project built by them at Fourth and "E" as a sample of the betterment and upgrading of tile neighborhood. Mr. Lee reiterated the Traffic Engineer's opinion that a wider driveway would not solve the problem of stacking; the existing curb cuts offer a safer solution than a single wider driveway which tends to confuse motorists; and the "E" Street station did not have pumps that were perpendicular to the street. Mr. D'Amico distributed a sketch of the proposed relocation. He said that most gas stations are adding mini-markets to generate profit for the site as gas sales are slm~. Commissioner Pressutti stated that tile facility had been in its present location for a long time with no traffic problems. He expressed appreciation for tile concern of the Planning Department in protecting the public; agreed he would like to see the position of the island altered; however, it is economically infeasible. No one else wishing to speak, the public hearing was closed. Commissioners O'Neill, johnson, and Shipe stated they were in agreement with Mr. Pressutti's views on the subject. Planning Commission -3- 7/11/84 MSUC (Cannon/Shipe) that based on findings l, 3, and 4 contained in Section E of the staff report, to approve the request, PCC-84-24, to establish a self-serve station/mini-mart at 798 Third Avenue subject to conditions l, 4, 5, and 6 of the staff report. 2. PUBLIC HEARING: REQUEST FOR EXTENSION OF CONDITIONAL USE PERMIT, PCC-82-3 FOR TEMPORARY CLASSROOMS AT 470 'IL" STREET - CHURCH OF CHRIST Principal Planner Lee presented slides showing the location of the Church, the parking and play area, and the houses on Westby Street which border the school area. Mr. Lee stated tile area had been annexed to the City before 1981; that in August 1981, the Planning Commission had approved the expansion of the facility and the use of two portable buildings as temporary classroom space until July 1984. Later, the Church requested the relocation of the temporary classrooms to their present site. This was handled at staff level; the public was notified and a petition is on file stating no objections to the shift in location. The applicant is now requesting the use of the temporary classrooms for an additional 14 months. Mr. Lee showed a plat illustrating the location of 32 petition signers and 8 individual letter writers protesting the extension. Mr. Lee summarized the situation stating an extension was needed to continue the use of the portable classrooms. If the extension is denied, the school will have to decrease enrollment until construction of the permanent buildings. This being the time and the place, the public hearing was opened. Speaking in support of the project were: Don Leppert, Leppert Engineering, P. O. Box 24022, San Diego 92124, representing the applicant, and Charles Baldwin, representing the Church. They stated that staff conditions were acceptable; that the school enrollment has grown from 32 to 174 students in 6 years necessitating the use of the portable classrooms; however, as the school has grown the needs have become more definable; financing has now been completed anO tile 14-month extension will permit completion of the working drawings, submission to the City for plan-check, and utilization of volunteer construction help by parishioners (representing a cost savings of 40%). Mr. Leppert and Mr. Baldwin commented that their efforts to cooperate with the neighbors included meetings, the proposed erection of a noise wall and the addition of planting material (both of which were opposed); that complaints deal principally with playground noise and the visual appearance of the temporary classrooms; however, with the differences in elevations, all houses except the two-story structures are partially protected by a 6-foot-high fence; the construction of the permanent buildings will not alleviate the playground noise; and relocation of the portable classrooms would cost between $20,000 to $40,000. The Board is considering means to alleviate the noise by assembling children inside the building instead of in the play yards, and delaying their release to the playground area until later in the morning. Planning Commission -4- 7/11/84 Speaking in opposition to the project were: L~vdia Caderro, 454 Westby Street; Peg~tY Hupp, 450 Westby; Hector and Karen Ibara, 474 Westby. Their reasons were as follows: The original petition had been signed as non-objectional under the impression that the facility would be a nursery school or Sunday school, temporary in nature, for 40 to 50 children, wi~) no awareness that the school would grow to present proportions or be a full-time operation. A guarantee had been requested from the Church that temporary classroom use be limited to two years. It was noted that any extension of time would be objectionable. Other complaints included (1) balls, frisbees, and toys being thrown over the fences into private property, (2) children retrieving items by clinching over or through broken boards in the fence resulting in destruction of personal fences, (3) fear of possible injury to children trespassing on private property, (4) classroom instruction and playground noise is audible throughout the homes, (5) opening and closing of car doors and noises in playground prohibit sleeping on Sundays, (6) no upkeep of 3-foot space between fences, (7) overgrown vegetation intruding into yards; unsightly fence in constant state of disrepair; (8) 6 trees were planted within the 3-foot space which will eventually hang over into private yards and cause extra work and maintenance for owners; (9) drainage was altered by terrain elevation between school and houses resulting in stagnant water and overgrown vegetation; (lO) visual impact was created by the close proximity of portable classrooms to the housing, (ll) Church did not contact anyone except Mrs. Huff; many nearby residents are in County, only City people were notified, (12) property was devaluated by proximity of other schools in vicinity, namely, Chula Vista High, William Rice, (13) the Baptist Church School generates heavy traffic in residential area; school does not serve community (only one family attends), it is self-serving. S1 ides were shown by Mrs. Huff and Mr. Ibara to illustrate the visual impact caused by close proximity of the classrooms to the homes; the condition of the fence and 3-foot space between fences; proximity of playground area and lunchroom; open classroom door; classrooms in question; and swimming pool subject to litter pollution. No one else wishing to speak, the public I~earing was closed. Discussion by the Commission included the need to review the original findings to determine if they are still appropriate and the possibility of continuing the hearing without affecting operation of the school which is closed for the summer. Mr. Pressutti reminded the Commission that the focus is not on whether the school will be there or not, but whether the extension of the use of the portable classrooms shoald be granted. Commissioner Cannon stated that he would like to review the staff report on which the findings were based, not merely the public testimonies, but the findings, the report, the minutes of the meeting, and, ideally, any requirements that were made at that time. Commissioners Pressutti and Johnson stated that they were ready at this time to act on the issue before the Commission. MS (johnson/Pressutti) to recommend approval of the request for a 14-month extension with the condition that no further extension will be approved. Planning Commission -5- 7/11/84 Commissioner Cannon stated he would vote against the motion because he does not have sufficient information to make the findings that are necessary. The motion failed with Commissioner Shipe and Cannon voting "no." MSC (Cannon/Shipe) to continue the hearing for one month or the next available agenda which would be August 8. Commissioner johnson voted "no." 3. PCA-84-7 CONSIDERATION OF PROPOSED AMENDMENT TO CHAPTER 19.14 DELETING 4/STHS VOTE TO OVERRIDE PLANNING COMMISSION ACTION principal Planner Lee noted that the staff report on the requirement of the 4/Sths vote to override Planning Commission's action on conditional use permits and variances. This report was submitted and referred to the Planning Commission for review and recommendation. The City Attorney's research into State law determined that no such provision for a 4/5ths vote override exists therein. Government Code states the legislative body may approve, modify, or disapprove the recommendation of the Planning Commission. While tile Municipal Code requires a 4/5tbs vote on the part of Council to override the Planning Commission only on conditional use permits and variances, the City Charter does not establish an extraordinary vote requirement; therefore, the ordinance may be amended by Council action. Council has recently requested changes to the Municipal Code requiring a greater nu~er of land use decisions involving CUP filings be forwarded for Council action. Retaining a 4/Sths vote override could add confusion to the process as certain CUPs would require approval by a simple majority and o~ers would require the 4/5ths vote. It is staff's opinion that deleting the 4/5tbs vote requirement will not diminish the authority of tile Planning Commission. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, tile public hearing was closed. MSUC (Shipe/Pressutti) to recommend that City Council enact an ordinance amending Chapter 19.14 of the Municipal Code deleting the 4/Sths vote requirement to override Commission action as shown on Exhibit A attached hereto. DIRECTOR'S REPORT principal Planner Lee reminded the Commission of the workshop to be held on the 18th and referred them to a handout of the opening statement which will be considered at that meeting. COMMISSION C04MENTS None MEETING ADJOURNED AT 8:48 p.m. to the Study Session of July 18, 1984, at 5:00 p.m. in Conference Room 2. Ruth M. Smith, Recording Secretary WPC 1127P