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HomeMy WebLinkAboutPlanning Comm min 1983/03/23 Tape #231 Side 1 0-1725 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Wednesday, March 23, 1983 Council Chambers 7:00 p.m. Public Services Buildin9 ROLL CALL COMMISSIONERS PRESENT Chairman R. Johnson, Commissioners Cannon, Green, G. Johnson, O'Neill, Pressutti, and Shipe COMMISSIONERS ABSENT: None STAFF PRESENT: Director of Planning Gray, Principal Planner Lee, Associate Planner Liuag, Senior Civil Engineer Daoust, Assistant City Attorney Harron and Secretary Ruth Smith PLEDGE OF ALLEGIANCE, SILENT PRAYER The pledge of allegiance to the flag was led by Chairman Johnson and followed by a moment of silent prayer. ORAL COMMUNICATIONS None 1. PUBLIC HEARING: (CONTINUED) CONSIDERATION OF REVOCATION OF CONDITIONAL USE PERMIT PCC-83-8 VIDEO ARCADE AT 578 "E" STREET - KAMIAR SIMANTOB Principal Planner Lee noted the opinion of the City Attorney's office that the applicant should be given the right to demand any witness be sworn in and to cross-examine any witness, including staff, at the hearing. He also informed the Commission that the applicant has complied with the requirements of the Fire Department. Also, as of this date, the applicant has applied for a sign permit and a building permit for the sign on the front of the premises and has submitted a site plan to the Director of Planning for the location of the required bicycle racks. He has also provided a security guard who will be on the premises during hours of operation. Mr. Lee noted that this item was considered by the Planning Commission at the meeting of February 23, 1983, and the Commission continued the item to this meeting to provide the owner of the video game establishment an opportunity to show just cause why the conditional use permit should not be revoked. Jack Dardashti, 18555 Venture Boulevard, Tarzana, CA, manager of the video game center and representing the owner, stated there was no necessity to cross-examine the witnesses. Planning Commission -2- March 23, 1983 Chairman Johnson instructed the public that this public hearing has been continued from February 23, 1983, and that all information and testimony submitted at that meeting is on record, and requested that anyone wishing to give new testimony come forward. Carolyn Gomez, 134 First Avenue, Third Grade Teacher at Feaster Elementary School, said she had nothing new to add to her testimony of February 23, 1983, but she had brought two parents with her who would be willing to respond to the Commission's questions. Ruth Rogers, 674 "E" Street, Chula Vista, owner of San Diego Check Cashers, declared that if the video game center is permitted to continue operations, she will request insulation of her walls to minimize the noise emitting from the game center. Jack Dardashti testified that attempts have been made to rectify all problems mentioned. He further stated he was willing to close the operation and move out. Mr. Phil Ward, 5075 Federal Boulevard, San Diego, Realtor and representing Mr. Maybee, owner of the Big Bear Center, stated their willingness to terminate the lease of the tenant without further obligation on his part to continue lease paj~nents. There being no one else wishing to speak, the public hearing was declared closed. The Commission discussed whether in view of Mr. Ward's releasing the tenant from his obligations there was a necessity for the Planning Commission to revoke the conditional use permit. Commissioner Pressutti expressed his concern that revoking the conditional use permit might represent an act of prejudice against the applicant in light of this mutual agreement between the lessor and the lessee. Assistant City Attorney Harron stipulated that the public hearing could be closed but the decision be continued for two weeks if the Board so wished. Upon further consideration, the Board decided that the proximity of an elementary school made the location of an arcade in the Big Bear Center an undesirable factor and revocation of the permit would prevent that reccurrence. MSUC (Cannon/O'Neill) that based on the findings contained in the staff report, the permit, PCC-83-8, be revoked and the permittee instructed to cease and desist operations and vacate the premises within 30 days (April 22, 1983 - 5:00 p.m.). 2. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-83-17, REQUEST TO CONSTRUCT A 200-BED CONVALESCENT HOSPITAL AT 500 BLOCK DAVIDSON AVENUE - ANUSH BADII/AMALGAMATED DEVELOPMENT COMPANY Planning Commission -3- March 23, 1983 3. PUBLIC HEARING: VARIANCE ZAV-83-8, REQUEST FOR A REDUCTION IN THE FRONT EXTERIOR SIDEYARD AND REAR YARD AT 500 BLOCK DAVIDSON AVENUE - ANUSH BADII/AMALGAMATED DEVELOPMEN~ COMPANY Principal Planner Lee noted that the applicant is requesting permission to establish a 200-bed convalescent hospital on the south side of Davidson Street between Ash and Beech Avenues and is also requesting a reduction in the required setback along Ash and Beech Avenues from 20 feet to 15 feet and a reduction in the rear yard setback from 20 feet to 5 feet. He explained that the project is contiguous to an intermediate care facility (Collingwood Manor) and can be considered an extension to that use so far as the Code requirements are concerned which require the project to be located on a major or collector street. Approval of the request for a 15-foot setback along Ash and Beech Streets will allow the applicant to observe the same setbacks as Collingwood Manor. Mr. Lee continued that because of the potential hazards occasioned by service vehicles and trucks backing out onto the street from the loading area, it is recommended that the loading access be extended across the entire width of the lot and that a 15-foot rear yard setback instead of 5 feet be approved. This being the time and the place advertised, Chairman Johnson declared the public hearing opened. Joseph Badii, Amalgamated Development Co., 225 Broadway, Suite 900, showed the Commission an artist's rendering of the 200-bed convalescent hospital which he said would cover approximately 40,000 square feet. Mr. Badii stated that they have applied to the State for approval and would be glad to meet any demands specified by the Traffic Engineer or any other body of the City. In reply to a question by Commissioner O'Neill concerning the effect of the denial or approval of the Certificate of Need from the State of California on the decisions of the Planning Commission, Assistant City Attorney Harron replied that a decision for approval would have no effect, however, a denial would render meaningless any action by the Planning Commission. Gary Black, 555 Davidson, Chula Vista, asked if the impact study had taken into consideration that most of the traffic would be coming down Beech and Ash Streets, or any change in the value of housing in that area. Principal Planner Lee replied that it was anticipated that portions of the traffic would utilize Broadway and Davidson. He also stated that the City was not in the position to make any judgment on the effect this development might have on housing values in the area. There being no further speakers, the public hearing was declared closed. MSC (Pressutti/O'Neill) to find this project will have no significant environmental impacts and adopt the Negative Declaration on IS-83-20. Commissioner Cannon voted "no." Planning Commission -4- March 23, 1983 Commissioner Cannon commented that there might be a Negative Declaration with regard to in-and-out traffic generated by the convalescent home in excess of that generated by multiple-family dwellings. MSUC (Pressutti/O'Neill) that based on findings contained in Section "E" of the staff report, the request PCC-83-17 be approved to establish a 200-bed convalescent hospital on Davidson Street between Ash and Beech Avenues subject to the following conditions: 1. The project shall be subject to site plan and architectural approval of the Design Review Committee. 2. A survey of all existing trees having a trunk diameter of 6 inches or more shall be submitted together with landscaping and irrigation plans for the project. MSUC (Pressutti/O'Neill) that based on the findings contained in Section "F" of the staff report, the reduction in the required 20-foot setback along Ash and Beech Avenues to 15 feet and a reduction in the rear yard setback from 20 feet to 15 feet be approved. 4. PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-83-15, REQUEST TO DEVELOP A 12-UNIT SENIOR CITIZEN HOUSING PROJECT AT 330 "G" STREET - LOUIS GUILLEMETTE Principal Planner Lee stated that the item involved a request to develop a 12-unit senior citizen housing project at 330 "G" Street with one parking space per unit. For security purposes, these parking spaces will be garages. The City's Traffic Engineer is concerned about the lack of guest parking. It is felt, however, that the security parking offsets any concern for guest parking. The applicant is asking relief from the 15-foot setback in favor of lO feet. Principal Planner Lee noted that this project shall be subject to Design Review Committee approval prior to consideration of the conditional use permit by the City Council. Mr. Lee also drew the attention of the Planning Commission to the fact that the City Council had adopted a policy wherein the senior housing projects may be rental projects only. Therefore, the conditions of the approval recommended on PCC-83-15 regarding the ownership criteria should be deleted. Commissioner O'Neill asked if this information had been incorporated in the staff report prior to the decision of the City Council. He was answered in the affirmative. This being the time and place as advertised, the public hearing was opened. There being no one wishing to speak, the public hearing was closed. Commissioner Gayle Johnson declared that senior citizens have visitors and some provision for guest parking should be made. Commissioner Green agreed. Principal Planner Lee replied that the option would be to delete a unit and several garages to provide three or four on-site guest spaces. Planning Commission -5- March 23, 1983 Commissioner O'Neill observed that undoubtedly some of the garages would be used for storage rather than parking. MSUC (O'Neill/Cannon) to find that this project will have no significant environmental impacts and to adopt the Conditioned Negative Declaration issued on IS-81-50. MSC (O'Neill/Pressutti) that based on findings contained in Section "E" of this report, it be recommended that the City Council approve request PCC-83-15 to develop a 12-unit senior housing project at 330 "G" Street subject to conditions contained in the staff report except that all reference to ownership be deleted therefrom in concurrence with current City policy. Under discussion of the motion, Commissioners G. Johnson and Cannon stated they would vote against the motion as the project should be limited to 11 units to allow for guest parking. The motion carried by the following votes: AYES: O'Neill, Pressutti, R. Johnson, Shipe NOES: Green, G. Johnson, Cannon ABSTAIN: None Commissioner Green amended the motion, which was seconded by Commissioner Shipe, that the parking be open instead of in garages. The motion failed by the following vote: AYES: Green, Shipe, Cannon NOES: R. Johnson, O'Neill, G. Johnson, Pressutti ABSTAIN: None 5. PUBLIC HEARING: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR ROBINHOOD MALL CONDOMINIUM) CHULA VISTA TRACT 83-2 ROBERT E. AND PATRICIA F. CASEY Associate Planner Liuag noted that the applicant had submitted a subdivision map to subdivide approximately 1.66 acres located at the southeast corner of Brandywine Avenue and Sequioa Street into two lots and construct a 14-unit condominium project on the southerly lot. This being the time and place as advertised, Chairman Johnson declared the public hearing opened. No one wishing to speak, the public hearing was closed. MSUC (G. Johnson/Cannon) to find that this project will have no significant environmental impacts and readopt the Negative Declaration issued on IS-81-48. MSUC (G. Johnson/Cannon) that based on the findings contained in Section "E" of the staff report, it be recommended that the City Council approve the tentative subdivision map for Robinhood Mall Condominium, Chula Vista Tract 83-2, subject to the conditions outlined in the staff report. Planning Commission -6. March 23, 1983 6. PUBLIC HEARING: VARIANCE ZAV-83-6, REQUEST FOR A REDUCTION IN THE SIDEYARD SETBACK AT 824 DAVID DRIVE - MARIANO AND JOANN INGARGIOLA Associate Planner Liuag stated this request for a reduction in the required sideyard setback from 10 feet to 7-1/2 feet to construct a family room addition was referred to the Planning Commission because of an objection by the neighbor. A previous variance granted on this property was allowed to lapse. There had been no objection by the adjacent property owner to the original request for variance. Planner Liuag observed that the rear 38 feet of the property has a down slope which limits the level area to 4,600 sq. ft. The adjoining property should not be adversely affected by the 2-1/2-foot variance nor should there be a loss of privacy as there will be a 13-foot separation between structures, a 5-foot difference in land elevation, and the only windows affected in the adjacent structure are two small bathroom windows. The sideyard does not appear to be used for anything other than access around the building. Planner Liuag also noted that a portion of the applicant's garage had been converted into living space prior to acquisition by the applicant although the City has no record of the conversion. This being the time and place as advertised, Chairman Johnson declared the public hearing open. Shirley Burrill, 822 David Drive, the adjacent property owner, stated they "felt privileged" in having a lO-foot setback in their neighborhood as contrasted with other properties in the vicinity which have 5-foot sideyard setbacks. She expressed her concern that granting this variance would establish a precedent and result in other variances with a resultant loss of privacy. Mr. Dave Burrill, 822 David Drive, and Dave Nelson, 824 David Drive, also spoke against the setback variance. Joann Ingargiola, 824 David Drive, applicant, spoke in favor of the setback variance maintaining the objection by the Burrills is personal and that with the family room addition, both families will gain privacy as the noise will be contained inside the structure rather than outside. MSC (G. Johnson/Cannon) to deny the request ZAV-83-6 for a reduction in the sideyard from lO feet to 7-1/2 feet based on the testimony of the neighbors. Under discussion, Commissioner G. Johnson asserted that the Burrills were the ones most impacted by the reduction in the sideyard setback and they needed protection from the noise. Commissioner Green declared that the request for a variance was reasonable, there may be problems between the neighbors, and he would vote against the motion. Commissioner O'Neill said he had similar views and that after viewing the property from the front and considering the 5-foot difference in land elevation, he would vote against the motion. Plannin~ Commission -7- March 23, 1983 The motion failed by the following vote: AYES: G. Johnson, Cannon NOES: Shipe, Pressutti, Green, R. Johnson, O'Neill ABSENT: None MSC (Pressutti/Shipe) that based on the findings contained in Section "E" of the staff report, to approve the request ZAV-83-6 for a reduction in the sideyard from 10 feet to 7-1/2 feet subject to the conditions outlined in the staff report. The motion carried by the following vote: AYES: Pressutti, Shipe, Green, R. Johnson, O'Neill NOES: G. Johnson, Cannon ABSENT: None 7. PUBLIC HEARING: VARIANCE ZAV-83-7 REQUEST FOR A REDUCTION IN THE DRIVEWAY WIDTH IN ORDER TO SERVE TWO PROPOSEu -. PANHANDLE LOTS AT 156 "K" STREET - DONNA SOUZA Associate Planner Liuag commented that the request for a reduction in the required driveway width from 20 feet to 17 feet to serve two proposed panhandle lots behind the existing single family dwelling located at 156 "K" Street was brought to the Planning Commission instead of the Zoning Administrator because of an objection by a neighbor. The applicant intends to subdivide the property into three residential lots with one common lot used for access, parking and utility easements. The driveway will be 20 feet in width south of the existing dwelling, and 17 feet in width in front and alongside it. In order to provide a 20-foot wide driveway, the house (which is unusually wide and located to within 6 feet of the property line) would have to be turned or part of it removed. This being the time and the place as advertised, the public hearing was declared open. Billie Wyatt Hooper, 152 "K" Street, adjacent property owner, spoke against the variance stating that the addition of an easement on the west side compounded with the one already existing on the east side would isolate her property and depreciate its value. Bernard Jaehn, 121 Orange, representing Donna Souza, spoke in favor of the project. He stated that nothing was known of a petition against the variance until arrival at the meeting, however, he believed any objections would be _ against building at that location, not the driveway variance. He stated he would comply with any landscaping requirements requested by the City for the front of the house. Planning Commission -8- March 23, 1983 John Pullen, 128 "K" Street, nearby property owner, stated he was in favor of the variance. There being no one else wishing to speak, the public hearing was closed. MSUC (Cannon/Green) that based on the findings contained in Section "E" of the staff report, to approve the request, ZAV-83-7, for a driveway reduction from 20 feet to 17 feet at 156 "K" Street subject to the conditions outlined in the staff report and that the applicant shall provide landscaping in the area presently used for parking in front of the existing home. The landscape treatment shall be subject to Planning Department approval. 8. PUBLIC HEARING: CONSIDERATION OF A REVISION TO THE ADOPTED PRECISE PLAN STANDARDS (PCZ-83-A) GOVERNING THE DEVELOPMENT OF PROPERTY LOCATED AT 446-450 FOURTH AVENUE - DR. MARK JENKINS/WILLIAM WHITT Principal Planner Lee remarked that a precise plan for 29 compact spaces, or 20 percent of the required parking, had been approved by the City Council on October 26, 1982, for the medical building planned for 446-450 Fourth Avenue. The applicant has reevaluated the plan and will use the entire ground floor for parking thereby increasing the percentage of compact spaces from 20 percent to 27 percent. This has been approved by the Design Review Committee. Mr. Lee stated that the proposed increase is relatively minor and is much less than other jurisdictions allow and approval is recommended. Commissioner Cannon stated that he would not vote on the matter because of a conflict of interest. This being the time and the place as advertised, the public hearing was declared open by Chairman Johnson. No one wishing to speak, the public hearing was closed. MSC (Shipe/Green) to adopt a motion revising Resolution PCZ-83-A by increasing the percentage of compact parking spaces from 20 percent to 27 percent. The motion carried by the following vote: AYES: Shipe, Pressutti, Green, R. Johnson, G. Johnson, O'Neill NOES: None ABSTAIN: Cannon 9. PUBLIC HEARING: ZONING TEXT AMENDMENT PCA-83-4, CONSIDERATION OF AMENDMENT TO CHAPTER 19.60 OF MUNICIPAL CODL PROHIBITING DISPLAY OF FREEWAY ORIENTED PRICE SIGNS - CITY INITIATED Associate Planner Liuag noted that in February 1983, the City Council adopted an interim ordinance prohibiting freeway price signs in "P" zones. The proposed amendment does not distinguish between visibility of signs in or out of the "P" zone. This prohibition of freeway price signs supports the gateway Planning Commission -9- March 23, 1983 treatment at interchanges as well as along the freeway. The interim ordinance was prompted by a sign placed along 1-805. Because of circumstances, which will be reported by the owner, staff recommends this particular sign be given a life of 3 years from the date of this ordinance in order that its cost may be recouped. This being the time and the place as advertised, the public hearing was declared open. Don O'Neal, 91 Bonita Road, representing Ramada Inn, Love's BBQ, and Texaco, described the history of the sign in question from its design 10 years ago until the addition of the pricing information on the Texaco sign about a year ago. At that time, it was learned that the sign contractor had failed to obtain a permit making the sign illegal. The later addition of a supplemental metal strip as required by the State was also done without a permit by the same contractor. Mr. O'Neal testified that his business will suffer financially if he is not permitted to display competitive pricing. In addition, he is obligated financially for the next 5 years for the sign. He, therefore, requested a 5-year life extension for the sign. No one else wishing to speak, the public hearing was closed. The Commission discussed the service offered the freeway travellers by such signs, control of the lettering size, and the types of signing, overall, at the gateways of the City. MS (G. Johnson/R. Johnson) to recommend that the City Council enact an ordinance amending Chapter 19.60 by a new section 19.60.185 to read as shown in the staff report. The motion failed by the following vote: AYES: G. Johnson, R. Johnson NOES: Shipe, Pressutti, Green, O'Neill and Cannon ABSENT: None MSC (Cannon/Shipe) that a recommendation be made to City Council that they not adopt a freeway oriented price sign prohibition. The motion carried by the following vote: AYES: Shipe, Pressutti, Green, O'Neill and Cannon NOES: G. Johnson, R. Johnson ABSENT: None DIRECTOR'S REPORT: None -. Planning Commission -10- March 23, 1983 COMMISSION COMMENTS: Commissioner Pressutti requested that staff investigate making the Chairman a member of the American Planning Association so the Commission may receive the benefit of the articles and information contained in the magazine Planning. Chairman Johnson requested an updated list of the names, addresses and term expiration dates of the members of the Commission. Commissioner Green commented that requiring survey of trees on single family homes is ridiculous. ADJOURNMENT AT 9:15 p.m. to the regular business meeting of April 13, 1983, at 7:00 p.m. in the Council Chambers. Ruth M. Smith, Recording Secretary WPC 0295P