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HomeMy WebLinkAboutPlanning Comm min 1983/03/09 Tape #230 Side l: 000-650 - MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Wednesday, March 9, 1983 Council Chambers 7:00 p.m. Public Services Building ROLL CALL COMMISSIONERS PRESENT Chairman R. Johnson; Commissioners, Cannon, Green, G. Johnson, O'Neill, Pressutti, and Shipe COMMISSIONERS ABSENT None STAFF PRESENT Planning Director Gray, Principal Planner Lee, Assistant City Attorney Harron, Senior Civil Engineer Daoust, 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. APPROVAL OF MINUTES for the meeting of February 9, 1983 as mailed. MSUC (O'Neill/Shipe) to approve the meetings as mailed. ORAL COM~UNICATIONS None. 1. CONSIDERATION OF APPEAL OF DESIGN REVIEW COMMITTEE'S DENIAL FOR AN INDUSTRIAL AND COMMERCIAL WAREHOUSE AT 1008 INDUSTRIAL BOULEVARD - TOYS "R" US - CONTINUED Principal Planner Lee informed the Commission that this continued item had been referred back to the Design Review Committee who had met on March 3, 1983 and had held a special meeting just prior to the Planning Commission meeting to consider proposed changes. All of the issues were resolved and the appeal has been withdrawn. 2. PUBLIC HEARING: PCA-83-3. ZTA FOR ASCESSORY RETAIL USES IN CONJUNCTION WITH DISTRIBUTION CENTERS IN THE INDUSTRIAL ZONES Principal Planner Lee stated that approximately 3 years ago, the I and I-L zoning regulations were amended to authorize retail distribution centers and manufacturer's outlets by conditional use permits. The proposed amendments would allow smaller retail centers to be established in conjunction with those Planning Commission - 2 - March 9, 1983 distribution centers. As an example, he cited the proposed small tenant shops affiliated with the Toys "R" Us proposed distribution center. Such an activity is consistent with the changing atmosphere in the commercial-industrial development trend and is considered beneficial to economic development and employment stimulus. This being the time and place as advertised, Chairman Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. MSUC (Pressutti/O'Neill) to adopt the Negative Delcaration on IS-83-16. MSUC (Pressutti/O'Neill) to recommend that the City Council enact the proposed zoning text amendments into ordinance. 3. PUBLIC HEARING: PCC-83-14, REQUEST TO CONSTRUCT A 138-BED SKILLED NURSING FACILITY AT 751 DORA LANE - COMMUNITY HOSPITAL OF CHULA VISTA Principal Planner Lee explained that the applicant proposes to construct a 138-bed skilled nursing facility in two phases. The first phase will contain 98 beds and the second phase will provide an additional 40 beds. A helispot is presently located on the planned construction site and will be moved to within lO0 feet of the easterly property line. The applicant has agreed to the stipulation that if the helispot has an adverse imRact on future adjoining uses, it will either be relocated or the emergency service discontinued. In response to questions, Commissioner G. Johnson was informed that there are no current plans to provide a second access to the hospital site by extending Brandywine; and that the planned parking area was for the convalescent facility. This being the time and the place as advertised, the public hearing was opened by Chairman Johnson. No one wishing to speak, the public hearing was closed. MSUC (O'Neill/Cannon) to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-17. MSUC (O'Neill/Cannon) that based on the findings contained in Section "E" of the staff report, to approve the request, PCC-83-14, to establish a 138-bed skilled nursing facility and relocate the existing helispot at 751 Dora Lane subject to the conditions listed in the staff report. 4. PUBLIC HEARING: PCA-83-1) CONSIDERATION OF AMENDMENTS TO THE MUNICIPAL CODE RELATING TO THE DEFINITION OF A "FAMILY" - /CONTINUED FROM MEETING OF 2-9-83I Principal Planner Lee stated that this item was continued from the Planning Commission meeting of February 9, 1983, to enable the City Attorney's office to analyze an alternative definition of "family" presented at that meeting. The Attorney's office has concluded that this definition is no more precise - Planning Commission - 3 - March 9, 1983 than the language previously proposed and has stressed the necessity of using the language provided by the Court. Mr. Lee explained that the Court stated the City would be on safer grounds if it restricted uses as opposed to users. Staff, therefore, recommended that the ordinance be amended as proposed in the original staff report. This being the time and place as advertised, Chairman Johnson opened the public hearing. There being no one wishing to speak, the public hearing was closed. The Commission discussed the difficulty of interpreting the language of the proposed ordinance amendment, particularly the term "relatively permanent bona fide housekeeping unit". It was suggested by Commissioner Green that it might be more feasible to define "fraternities and sororities" and require such groups to obtain a conditional use permit. MS (Pressutti/Shipe) to recommend that City Council enact an ordinance amending the Municipal Code as indicated in the staff report. The motion failed by the following vote: AYES: Commissioners Pressutti and O'Neill NOES: Commissioners, Cannon, Green, G. Johnson, R. Johnson and Shipe ABSTAIN: None Assistant City Attorney Harron explained that the Court decided that the restrictions on residency in the R-1 zone violated the Constitutional right to privacy of the groups involved and the attempted enforcement of such an ordinance would leave the City open to civil rights actions and substantial damages. He pointed out that on any ordinance that addresses itself to users (rather than uses) it is safest to adopt the language which the Court itself authored. Adoption of the Court's own standard in an ordinance and enforcement action taken only when there is clear evidence of a residence being used as a party house, should result in successful enforcement. He suggested two alternatives: 1) to consider the use of the house instead of users, and 2) Mr. Green's suggestion to drop "family" and make the restriction on fraternities and sororities or groups that do not possess any official organization but use the house in a transient way for a party house. MSC (Green/O'Neill) to request staff to return with a proposal incorporating language reflecting such a prohibition. Commissioner Pressutti voted "no". DIRECTOR'S REPORT Director of Planning Gray distributed a memo concerning the latest information on the A-95 review requested by Commissioner O'Neill. Planning Commission - 4 - March 9, 1983 He reminded the Comissioners of the dinner workshop scheduled for 5:00 p.m., in Conference Rooms 2 and 3, on March 16, 1983. The Planning Commission has been invited to join the City Manager, the Council, the Design Review Committee and the Design Review Board on a Council Tour to be held on April 9, 1983, commencing at 8:00 a.m. The purpose of the tour will be to view new projects in the City from a design standpoint. On Thursday, March 17, 1983, at 4:00 p.m., in Conference Rooms 2 and 3, there will be continuation of the presentation by Sedway-Cooke on the Bayfront LCP for the Redevelopment Agency and the Planning Commission. COMMISSION COMMENTS Commissioner Pressutti expressed his concern about the failure to define the word "family". Commissioner G. Johnson thanked the staff for inserting the yellow divider sheets in the agenda packets. She requested that staff clarify the following with regard to the Second Kitchen project, If an ordinance states that only a percentage of a lot can be covered, does that include those additions to the houses? How is a true lot coverage defined when open spaces are involved? Commissioner Johnson also offered an article from the Tribune on the Second Kitchen project for staff information. ADJOURNMENT at 7:44 to the dinner workshop meeting of March 16, 1983, at 5:00 p.m., the regular meeting of March 23, 1983, at 7:00 p.m. in the Council Chambers. Ruth M. Smith, Secretary Planning Commission WPC 0264P fPP