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HomeMy WebLinkAboutPlanning Comm min 1983/09/14 Tape 239 - Side 1 0 - 793 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Council Chambers Wednesday, September 14, 1983 Public Services Building ROLL CALL COMMISSIONERS PRESENT: Vice Chairman O'Neill, Commissioners Cannon, Green, Guiles, Pressutti, and Shipe COMMISSIONERS ABSENT: Chairman R. Johnson (with previous notification) STAFF PRESENT: Director of Planning Gray, Principal Planner Lee, Senior Civil Engineer Daoust, City Attorney Harron, Secretary Ruth Smith PLEDGE OF ALLEGIANCE, SILENT PRAYER The pledge of allegiance to the flag was led by Vice Chairman O'Neill acting as Chairman Pro Tem for the meeting and was followed by a moment of silent prayer. ORAL COMMUNICATIONS None Chairman Pro Tem O'Neill announced that the public hearing on the 13-unit senior housing project would be heard at this time because of a conflict in schedules. 2. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-83-24, REQUEST TO CONSTRUCT A 13-UNIT SENIOR HOUSING PROJECT LOCATED AT 411-415 PARK WAY Principal Planner Lee reviewed the proposed project to develop a two-story, 13-unit (12 one-bedroom, one studio) senior citizen housing project with a total of seven on-site parking spaces. Each unit has private open space in the form of a patio or balcony. In addition, there is a common open space area in the center of the project as well as a recreation room and laundry room. The applicant has requested a reduction in the setbacks for the front and rear yards. The proposed front yard setback (which is governed by the Building Line Map and takes precedence over the Code requirements) is in keeping with other developments in the R-3 zone. The rear yard reduction allows maximization of the central open space and will not affect the development of the adjacent property. Planning Commission -2- September 14, 1983 The applicant has increased the number of units allowed in this project (under R-3 zoning) from 7 to 13. Staff has worked closely with the applicant to ensure there is no loss of livability for the tenants. Parking is based on 1/2 space per unit. Mr. Lee added that the project is scheduled for consideration by the Design Review Committee (DRC) on September 15, and, if approved, will be forwarded to the Council in October. In response to a question by Chairman Pro Tem O'Neill regarding the progression of a project through DRC and Planning Commission to the Council, Mr. Lee explained that the project can be scheduled initially through either body. Scheduling through the Planning Commission first is preferred in order that land use issues may be settled. Commissioner Pressutti expressed concern about the rental rate shown in the Senior Housing Developments Policy. Mr. Lee stressed that although the market place was pretty much in balance with what is allowed through the fair market practices, the tenancy standards established by the Policy limit the rental market and might result in lower rates. Commissioner Cannon asked what data were used to determine parking needs. He was informed that an analysis of the senior citizen property on "F" Street plus data submitted by San Diego indicate that the close proximity to shopping, public transportation, medical care, and other facilities creates less need for privately owned vehicles. This being the time and place as advertised, the public hearing was opened. Mrs. P. J. Frisinger, 363 Guava Avenue, Chula Vista 92010, a neighboring property owner, spoke against a two-story building cutting off her view and expressed concerning over the parking in the neighborhood. No one else wishing to speak, the public hearing was closed. MSUC (Pressutti/Green) to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-29. MSUC (Pressutti/Green) that based on findings contained in Section "E" of the staff report, to adopt a motion recommending that City Council approve the request, PCC-83-24, to construct a senior citizen housing project at 411-415 Park Way subject to the conditions outlined in the staff report. 1. PUBLIC HEARING: PCA-82-2 - CONSIDERATION OF VARIOUS AMENDMENTS TO THE MUNICIPAL CODE RELATING TO AMUSEMENT FACILITIES AND GAMES Principal Planner Lee reviewed the proposed amendments relating to amusement games as provided in Exhibits A and B. Exhibit A defines amusement facilities, arcades, and accessory uses and clarifies the fact that four games or more is to be considered an amusement facility or arcade, while less than that number is to be considered an accessory use to the main business. ~lannin~ Commission -3- September 14, 1983 Exhibit B sets forth the guidelines or standards for the facilities and gives the Planning Commission the right to impose additional standards or to waive those listed in the event of certain findings. It also provides that establishments currently having four or more games must apply for a conditional use permit through the Zoning Administrator within 120 days of adoption of this provision by City Council. The added portion to this amendment provides for specific controls by the Zoning Administrator of businesses which choose to have between one and three games. In these cases the Zoning Administrator would have the discretion to modify or waive any regulations based on appropriate findings. Mr. Lee emphasized that the proposed changes may pose an enforcement problem for the Zoning Enforcement Officer and the Business License Officer since once enforcement is started, it must be continued on an equitable basis. Chairman Pro Tem O'Neill referred to the Planning Commission's workshop discussion regarding "grandfathering in" some of the arcades which have been operating without a conditional use permit and asked why the fees were not "waived" for these existing establishments. Mr. Lee replied that it was not certain if the businesses in question would meet the standards being proposed what changes might have to be made. However, processing through the Zoning ~ministrator would be less costly than through the Planning Commission. He pointed out that the cost of staff time was being considered; however, the Planning Commission could make a recommendation to the Council that the fees be waived. Commissioner Pressutti asked about the cost difference between processing an item through the Planning Commission and the Zoning Administrator. Mr. Lee explained that, assuming no complications or continuations in either case, the Planning Commission would require an initial deposit fee of $750 to cover the public hearing, the notifications, report writings, and meetings. The costs for Zoning Administrator review is $175 plus fewer time constraints than are involved with a Planning Commission item. This being the time and the place as advertised, the public hearing was opened. Jerry L. Willits, 475 Fifth Avenue, Chula Vista 92010, representing Fiesta Twin Cinemas, spoke against "the farce of turning the theatre into an arcade" for the purpose of raising money for the City. He expressed concern over having to pay an additional fee of $750, the limit of three machines, the enforcement problems with year-round schools, and children playing the machines during intermission at night. It was explained to him that no new tax was involved and that he would be "grandfathered in" at a cost of $175 for a conditional use permit. Clint D. Sadler, 47 Palomar Drive, Chula Vista 92010, representing Fun-4-All, stated that the new draft ordinance is far superior to the initial one and that he can accept this ordinance. He offered two suggestions resulting from discussions with other arcade owners. Many cities are not only prohibiting Plannin9 Commission -4- September 14, 1983 play for minors during school hours but also after 10:00 p.m. on the night before school. Also, when the license fee is paid, a receipt is posted over one of the machines for visibility to enforcement officers. The Commission discussed enforcement procedures, the fact that most laws are enforced on a complaint basis, and the suggestions made by Mr. Sadler. No one else wishing to speak, the public hearing was closed. MSUC (Cannon/Shipe) to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-23. MSC (Cannon/Green) to recommend that the City Council enact an ordinance amending the Municipal Code relating to amusement facilities and games as shown in Exhibits "A" and "B" (PCA-82-2) with the additional stipulation for both amusement centers and for accessory uses that (1) game play by minors be prohibited during normal school hours and between the hours of 10:00 p.m. and 6:00 a.m. prior to a school day, and (2) the license for the game/s be displayed on the premises. Commissioner Pressutti voted "no" stating the proposed ordinance was appropriate for an arcade but the enforcement in a situation similar to that of a theatre-goer putting a quarter in a machine after 10:00 p.m. would be difficult. 3. CONSIDERATION OF AN AMENDMENT TO THE LAND USE CHART TO PERMIT PARTY SUPPLIES IN THE C-O ZONE - PCM-84-2 Principal Planner Lee explained that Section 19.30.020E of the Municipal Code allows uses within the C-O zone upon determination that the referenced use is of the same general character as other uses in the zone. It is the opinion of staff that the party rental service is of the same general character as an artist's supply store and the Land Use Chart should be amended. Kevin J. Kreutzer, 317 "K" Street, Chula Vista 92011, representing "A" Party Rentals, stated his willingness to answer questions. MSUC (Pressutti/Cannon) to amend the Land Use Chart to permit party supply rental establishments in the C-O zone subject to the approval of a conditional use permit by the Zoning Administrator. DIRECTOR'S REPORT: Planning Director Gray informed the Commission that: The first Granny Flats proposal has been received. - Council continued the public hearing on the Shell Oil property on Bonita Road to the meeting of October ll, 1983. - There will be another joint meeting with the Redevelopment Agency on September 21, 1983, at 4:00 p.m. instead of the originally scheduled workshop meeting. There are no items scheduled for the September 28, 1983, meeting. Planning Commission -5- September 14, 1983 COMMISSION COMMENTS: MSUC (Pressutti/Shipe) to cancel the Planning Commission meeting of September 28, 1983. ADJOURNMENT AT 7:58 p.m. to the Joint Planning Commission/Redevelopment Agency meeting of September 21, 1983, at 4:00 p.m. in Conference Rooms 2 and 3, and the Regular Business Meeting of October 12, 1983, in the Council Chambers. ~u~ith, Secretary Planning Commission WPC 0534P