HomeMy WebLinkAboutPlanning Comm min 1984/06/13 Tape #249: Side 1
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MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISIA, CALIFORNIA
7:06 p.m. Council Chan~bers
Wednesday, June 13, 1984 Public Services Building
ROLL CALL
COMMISSIONERS PRESENT: Chairman O'Neill, Commissioners Cannon,
Green, Pressutti, Guiles
COMMISSIONERS ABSENT: Commissioner Shipe with notification,
Commissioner Johnson without notification
STAFF PRESENT: Director of Planning Krempl, Principal
Planner Lee, Senior Civil Engineer Daoust,
Assistant Attorney Gill, Associate Planner
Liuag, City Traffic Engineer Glass,
Assistant Planner Bazzel, 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.
APPROVAL OF MINUTES
MSUC (Pressutti/Guiles) to approve the minutes of 5/9/84.
ORAL COMMUNICATIONS
None
1. PUBLIC HEARING: PCA 84-E RECONSIDERATION TO REZONE 1.13 ACRES
LOCATED AT 309 AND 315 SEA VALE FROM R-1 TO R-3-P-13 -
DAVID P. DAVIES
Principal Planner Lee reminded the Commission the rezoning request had failed
by a vote of 3 to 2 at the April ll Planning Commission meeting; the matter
was appealed to tile City Council who indicated approval by a vote of 3 to 2
and referred the matter back to the Planning Commission for reconsideration as
required by the Municipal Code. Tile Council also asked for a recommendation
regarding the inclusion of 309 Sea Vale in the rezoning and requested that the
Safety Commission review the traffic considerations involved.
Mr. Lee stated that the Safety Commission, in a separate report to Council,
had asked for sight distance improvement and an increase of off-street
parking. He then reviewd the guidelines recommended in the staff report. Mr.
Lee noted that a logical zoning pattern would include the property at 309 Sea
Vale. In a slide presentation he showed the project location and relation to
the neighborhood.
Planning Commission -2- June 13, 1984
Commissioner Green stated he had reviewed the minutes and staff reports and
would be taking part in the decision although he had not been present at the
original meeting.
This being the time and the place as advertised, the public hearing was opened.
Corey Breininger, 9535 Mission Gorge Road, #35, Santee, CA 92071, the
applicant, affirmed his approval of staff's recommendations and willingness to
cooperate with the Traffic Engineer and Safety Commission regarding site
distance improvements and on-site parking.
Speaking in opposition to the proposal were Peter Watry, 81 Second Avenue,
92010, and Newton Chaney, 292 Sea Vale, Chula Vista, 92010, representing the
neighbors. Their comments included examples of attempted encroachment into
the area by R-3 developers; the 90-opposing versus 6-approving signatures on
the petitions submitted at the April meeting; R-1 neighborhood delineated by
topography as shown on overhead transparency being presented; location by
those supporting the project; estimations of cost and evaluation of
single-family homes which could be constructed on the Davies' property;
traffic problems in the area; and the need for protection to preserve the
neighborhood which is R-1 on the General Plan.
Speaking in support of the proposal was Lane Cole, 273 Coralwood Court, 92010,
Registered Civil Engineer, representing the applicant, who commented that the
properties shown as R-1 by Mr. Watry were not surrounded by commercial or
multi-family housing; the domino effect is a scare tactic which has not
occurred; the double yellow lines have effectively alleviated potential
traffic problems; and the southbound vehicles making left turns into the
project now have a visibility of about 300 feet with a safety factor of about
100 feet for a traffic speed of 30 MPH.
Mr. Breininger commented that the five single-family developments (as
suggested by Mr. Watry) would create almost half the amount of traffic as
would be generated by the proposed 12-unit condominium.
No one else wishing to speak, the public hearing was closed.
Commissioners Pressutti, Guiles and O'Neill said they would favor rezoning the
property, including 309 Sea Vale, based on the mitigation of the traffic
problems; and create thereby an effective buffer between the commercial and
residential property.
Commissioner Cannon said he would vote against the rezoning based on the
plateau-topography of the R-1 area which should be retained as R-1.
Commissioner Green said he deeply believes in the preservation of the
single-family neighborhood which is one of the stated policies of the City and
sees no compelling reason for rezoning.
-- Planning Commission -3- June 13, 1984
MS (Cannon/Green) to deny the request to rezone 1.13 acres located at 309 and
315 Sea Vale Street from R-1 to R-3-P-13.
The motion failed by the following vote:
Ayes: Commissioners Cannon and Green
Nos: Commissioners Pressutti, O'Neill and Guiles
Absent: Commissioners Shipe and Johnson
MS (Pressutti/Guiles) to recommend that if Council approves the request to
rezone the property at 315 Sea Vale Street from R-1 to R-3-P-13, the property
at 309 Sea Vale be included in addition to the development guidelines in the
staff report and the findings of the Traffic Engineer to ensure the safety of
individuals with proper sight distance and that sufficient on-site parking be
provided.
The motion failed by the following vote:
Ayes: Commissioners Pressutti, Guiles and O'Neill
Nos: Commissioners Cannon and Green
Absent: Commissioners Shipe and Johnson
2. CONSIDERATION OF FINAL EIR-84-4 - OTAY SMALL ELECTRICAL GENERATING PLANT -
OTAY LANDFILL - CENTRAL PLANTS, INC.
At the request of Assistant Planner Bazzel, Item #3 was also considered.
3. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-84-2 - REQUEST TO CONSTRUCT A
SMALL ELECTRICAL GENERATING PLANT ON THE NORTHEAST CORNER OF THE OTAY
LANDFILL PROPERLY - CENTRAL PLANTS, INC.
Director of Planning Krempl referenced a letter just received from the Air
Pollution Control District (APCD) raising significant issues about air
quality, adequacy of the information in the EIR, and containing l0 conditions
to be attached to the conditional use permit if it is approved. The
information received by staff was transmitted to the applicant at this
hearing. Staff wishes to review the issues covered in the APCD letter prior
to further action by either the Planning Commission or the City Council. The
Director added that a representative from the APCD was in the audience.
Assistant City Attorney Gill stated the Chairman should consult the applicant
with respect to a continuance. If the applicant does not agree to a
continuance, the public hearing should be opened and testimony taken.
A Plannin~ Commission -4- June 13, 1984
Members of the Commission expressed a need to study the issues raised by the
APCD prior to taking action on the two items.
Tudor Williams, 6055 East Washington, Commerce, CA 90040, Pacific Lighting
Energy/Central Plants, stated they desired a continuance to prepare a reply to
the issues raised by APCD and also by Mr. Spata, attorney for United
Enterprises.
MSUC (Green/Cannon) to continue items 2 and 3 for a period not to exceed 60
days.
4. PUBLIC HEARING: CONSIDERATION OF DPJkFT EIR-84-6 - CHULA VISTA WOODS
Director of Planning Krempl remarked that a letter received from Mr. Spata,
attorney for United Enterprises, claimed they had not received notice of the
public review scheduled for the Draft EIR. Staff is of the opinion that
United Enterprises was notified but as there is no visible proof, a
continuance of this item was requested to the meeting of July ll, 1984.
Assistant City Attorney Gill explained that the provisions of the Municipal
Code of Chula Vista require more notice than that required by State Law as
Chula Vista requires individual notices be mail ed to property owners.
Commissioner Green stated he would not be present at the July ll meeting and
would like the opportunity to comment on this matter. The alternate date
proposed was June 27.
Thomas Davis, replying for Gardner Investment Company, said file alternate
date, June 27, would be agreeable to the applicant.
MSUC (Cannon/Green) to continue this item to the meeting of June 27, 1984.
5. PUBLIC HEARING: VARIANCE ZAV-84-12 - REQUEST FOR REDUCTION IN MINIMUM
LOT SIZE AT 881 FIRST AVENUE - ROBERT DEFORGE
Associate Planner Liuag remarked that the subject property was a 15,000 square
foot lot located at 881 First Avenue. The applicant is requesting a reduction
in the minimum lot size from 7,000 to 6,200 square feet so the property can be
divided into two lots. Access to the rear lot would be (1) via a 20-foot
easement along the southerly property line or (2) by use of an alley to the
north of the rear lot. Access along the southerly property line would require
removal of an existing garage. A new garage would be constructed behind the
existing dwelling unit.
The alley access touches the northeast corner of the property, however, there
is insufficient width unless an easement is granted by the adjoining property
owner. Improvement of the alley would be cost prohibitive unless other
property owers pay a proportionate share through the auspices of a 1911 Act.
_ Plannin9 Commission -5- June 13, 1984
One petition opposing the request and containing 19 signatures has been
filed. Staff recommends the application be denied based on the findings shown
in the staff report.
This being the time and the place as advertised, the public hearing was opened.
Robert P. DeForge, 442 "D" Street, Chula Vista, gl010, the applicant, stated
his willingness to participate in a lgll Act.
Speaking in opposition to the request for variance were the following: Ruben
F. Becerril, 871 First Avenue, CV 92011; Michael Raya, 880 Country Club Drive,
CV, 92010; John McCall, 820 Country Club Drive; and Irene Bushong, 856 Country
Club Drive. Their objections included (1) establishes a precedent; (2) most
lots in the neighborhood are lO,.O00 square feet; (3) will encourage other lot
splits; (4) creates more traffic, and (5) decreases property values.
Speaking in support of the request for variance were: Bertha Elzy, 875 First
Avenue, CV 92011, who stated she had given an easement to the applicant two
years ago; the land had been vacant for 8 years and was unsaleable without the
access; when questioned, Mrs. Elzy said she could not remember if the easement
had been recorded but she would be willing to do so; and James Algert, 428
Broadway, CV 92010, Civil Engineer, who said the improvement of the property
would benefit the neighborhood and the easement had been recorded.
No one else wishing to speak, the public hearing was closed.
MSUC (Cannon/Green) to deny the request.
6. PUBLIC HEARING: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR
GEORGIAN CONDOMINIUMS, CHULA VISTA TRACT 84-2 -
GEORGIAN INVESTORS, INC.
A~sociate Planner Liuag stated that the applicant intends to convert an
existing three-story, 32-unit apartment complex at 433 "D" Street into a
one-lot condominium. The tract consists of approximately 1.08 acres on the
north side of "D" Street, 290 feet west of Fourth Avenue. In December 1982,
the project was considered by the Design Review Committee who approved the
exterior remodeling and painting of the existing apartments as well as
reviewed the private open space areas in the form of patios and balconies, and
the storage area to be added to the units. The Design Review Committee
required restriping in order to increase the number of compact spaces on-site
to ten. The remodeling on the property has not yet started. The project
meets condo requirements with the exception of two issues: the amount of
compact parking (increase of 6 spaces to 10), and the narrowing of the
driveway width from 18 feet to 14 or 15 feet where the entry driveway passes
under the second floor of the front building. Widening of this portion would
require extensive remodeling of the structure which at the time of the DRC
review was estimated at $98,000. The applicant's Engineer estimates the cost
at present to be $120,000. Staff supports the applicant's request for waiver
- Plannin~ Commission -6- June 13, 1984
of the driveway width based on the fact that the existing condition has been
functioning without any apparent problems and the 20-foot setback prevents a
sidewalk overhang by a car awaiting the passage of an opposing car.
This being the time and the place as advertised, the public hearing was opened.
Six Xinos, 9619 Chesapeake, San Diego 92123, representing the applicant,
stated they concurred with staff recommendations and requested a waiver of the
driveway width.
Testimony was given and questions asked by the following persons: Terry
Keith, 67 Fourth Avenue, CV 92012; Kae de Brent Hodge, 433 "D" Street, Apt.
A-10; Robert Merry, 433 "D" (ll-year resident); George Rodway, 433 "D" Street,
Apt. B-12 (3-year resident); and Barbara Hatton, 433 "D" Street, Apt. D-4.
Their remarks included: three separate sets of owners have brought this item
to the Planning Commission for review; project is in dire need of much repair;
to bring it up to condo standards will necessitate fire walls between floors
of first and second building; additional parking spaces to accommodate
families with more cars; storage space; the 15-percent recreation or garden
area does not exist; hot water heaters need to be installed in each apartment;
walls need fortifying for fire safety; fire equipment would not be able to
enter the interior area of the complex; the tenants/owners of the two
apartments on each side of the driveway would be blocked by vehicular traffic;
-- would there be provisions for termite inspection and plumbing repair if the
conversion is approved; if condos are open for purchase, most of the older
tenants living on fixed incomes will be forced to leave; the difficulty in
finding an apartment when a limited income is involved; rent has been raised
almost 36 percent in last ll months; older people need a place to live.
Associate Planner Liuag stated that these items would be included in the
remodeling and would have to be completed prior to approval of the final map;
the building would be inspected by Building and Housing to verify it met Code
requirements; and a termite inspection could be requested by the buyer.
No one else wishing to speak, the public hearing was closed.
Replying to questions, Assistant City Attorney Gill stated that if the condos
comfy with the housing elements of the Code, the Commission's discretionary
abilities to deny the condo conversion are limited; that if the City adopts
special regulations, through the housing elements or through ordinances, that
establishes a specific criterion based on facts.
Commission discussion included the serious rental shortage (1.5 or 2 percent
vacancy rate) in the City of Chula Vista and the County; the difficulty in
making a correct decision when "you believe you should vote 'no'" but the
underlying legal aspects indicate voting "yes"; the possibility that Council
could request a study regarding these conversion issues in the light of the
social aspects of the effects on displaced persons so the Commission might
have some basis to make the findings necessary to deny these conversions.
Planning Commission -7- June 13, 1984
Commissioner Cannon said he felt discomfort in the lack of discretion to deny
an application in the absence of findings.
Director of Planning Krempl offered to share information at a future workshop
that would include the number of conversions that have occurred, the total
supply of apartments available, and tile portion of condos that are rental.
The Con~nission expressed interest.
Commissioner Green declared tie is of the opinion that there is a strong social
reason not to approve the conversion and will so vote.
The motion was made by Commissioner Pressutti and seconded by Commissioner
Cannon for discussion purposes that based on the findings in Section "E" of
the staff report to recommend that Council approve the tentative subdivision
map for Georgina Condominiums, Chula Vista Tract 84-2, subject to the
conditions in the staff report with all effort being made by the Engineering
Department to have Condition #4 completed prior to the project being presented
to Council.
Further discussion ensued regarding the widening of the driveway approach and
the requested waiver for the portion of the driveway actually passing
underneath the building.
Commissioner Cannon asked if specific findings were necessary to deny ti~is
request and was informed specific findings would be appropriate.
Commissioner Pressutti expressed difficulty in listing findings for denial
when all conditions for condo conversion appear to be met.
The Attorney reminded the Commissioners that their decision in these cases is
advisory as the request will continue to Council; but if they did deny the
request they should cite findings.
Commissioner Cannon withdrew his second. Commissioner O'Neill then seconded
the motion for discussion purposes.
Commissioner Guiles expressed concern over tile safety hazard of an entryway
through which vehicles are unable to travel in both directions and requested
staff comment regarding the Fire Department concerns. He also asked the
position of the developer if it were mandated that the driveway portion
beneath the building be widened.
Associate Planner Liuag replied that the Fire Department had no comments on
the adequacy of the existing driveway when reviewing the tentative map and he
did not know if the developer was ready to incur that expense.
Plannin9 Commission -8- June 13, 1984
The motion failed by the following vote:
AYES: Commissioner Pressutti
NOES: Commissioners O'Neill, Guiles, Cannon, and Green
ABSENT: Commissioners Shipe and Johnson
MS (Cannon/Guiles) that based on the findings in Section "E" of the staff
report to recommend that Council approve the tentative subdivision map for
Georgina Condominiums, Chula Vista Tract 84-2, subject to the conditions in
the staff report ~ith all effort being made by the Engineering Department to
have Condition #4 completed prior to the project being presented to Council
and with the additional requirement that the actual entryway be widened to 18
feet to provide access in and out on both sides of the project.
The motion failed by the following vote:
AYES: Commissioners Cannon and Guiles
NOES: Commissioners Pressutti, Green and O'Neill
ABSENT: Commissioners Shipe and Johnson
Commissioner O'Neill said he is of the opinion that it is the responsibility
of the Planning Commission, in response to the housing elements of the General
Plan, to provide adequate housing for the citizens of Chula Vista and
providing adequate rentals comes under that responsibility. Taking 35 units
ostensibly out of the rental market (although some buyers would certainly rent
out the apartments) does propose a hardship for the citizens of the community
and further exacerbates an already bad rental situation.
Assistant City Attorney Gill affirmed that the statement in the record of why
the vote is not favorable to tile project is adequate under the circumstances.
Commissioner Cannon then declared that Commissioner O'Neill's statement does
not reject his position.
The Attorney said the Chairman is not adopting a finding for the Commission
but stating the reasons for his position, and the item will proceed to the
Council with the Commission's vote and remarks also transmitted.
COMMISSION COMMENTS:
- Commissioner Pressutti said he had submitted his "non-resignation" letter
and immediately applied for a position on the Commission on Aging as being
more to his personal benefit.
Planning Commission -9- June 13, 1984
Chairman O'Neill expressed regret at the fact the Commissioner was leaving
the Commission.
Commissioner Guiles referred to the research data on condo conversions
saying tJlat a certain percentage will become rentals and that percentage
needs to be known and considered in the data development to assess the
true impact.
ADJOURnmENT AT 9:14 p.m. to the study Session Meeting of June 20, 1984, at
5:00 p.m. in Conference Rooms 2 and 3.
Ruth Smith, Secretary
WPC 1139P