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