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HomeMy WebLinkAboutPlanning Comm min 1988/08/24 Tape No: 293, Side i MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Council Chambers Wednesday, August 24, 1988 Public Services Buildin~ ROLL CALL COMMISSIONERS PRESENT: Chairman Carson, Commissioners Cannon, Casillas, Fuller, Grasser and Shipe COMMISSIONERS ABSENT: Commissioner Tugenberg STAFF PRESENT: Principal Planner Lee, Associate Planner Griffin, Deputy City Attorney Fritsch, Senior Civil Engineer Daoust PLEDGE OF ALLEGIANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman Carson and was followed by a moment of silent prayer. INTRODUCTORY REMARKS Chairman Carson reviewed the composition of the Planning Commission, its responsi- bilities and the format of the meeting. APPROVAL OF MINUTES None ORAL COMMUNICATIONS None 1. PUBLIC HEARING: (a) PCZ-88-P REQUEST TO REZONE 0.99 ACRES ON THE NORTH SIDE OF "C" STREET, BETWEEN DEL MAR AVENUE AND THIRD AVENUE EXTENDED, FROM R-1 TO R-2 - MITCHELL N. ANGUS (b) PCS-88-9 - REQUEST TO SUBDIVIDE 1.32 ACRES ON THE NORTH SIDE OF "C" STREET, BETWEEN DEL MAR AVENUE AND THIRD AVENUE EXTENDED, INTO FIVE TWO-FAMILY AND TWO SINGLE- FAMILY LOTS Associate Planner Griffin indicated that the 1.3-acre site located at the northwest corner of C Street and Del Mar Avenue is presently zoned R-1 as are the properties to the north, south and east while the parcel directly to the west is zoned R-3G. The proposal involves the rezoning of the westerly .99 acres from R-1 to R-2; and approval of the tentative subdivision map to create a total of seven lots. The proposed rezoning would create five lots for a duplex development fronting on "C" Street and two lots for R-1 use on Del Mar. The approval of the subdivision map is not dependent upon approval of the rezoning. After a zoning study of approximately 14 acres surrounded by "E" Street, Del Mar, Third Avenue Extended and an industrial area to the north, staff recommended retention of the majority of the area as R-1 (including the applicant's property), with consideration for medium-density multiple-family on the northwesterly portion of study area. This particular area is directly adjacent to the mobilehome park to the west, an industrial area to the north, and is separated topographically from the balance of the R-1 area. A meeting with the area's residents revealed that the general consensus was to retain the entire area as R-l, After considering the study, the Council chose to retain the R-1 zoning over the entire area. Staff therefore recommends denial of the rezoning request. The tentative subdivision map would accommodate either the proposed R-2 zoning or the existing R-1 zoning. An additional condition "n" proposed reads, "Prior to approval of the final map for this project, the developer shall enter into an agreement with the City of Chula Vista and the South Bay Pioneers. This agreement shall provide for the participation of each of the parties in the design and construction of improvements in "C" Street including the facilities discussed in condition 'e'." The condition is designed to relieve some of the burden on the applicant because of existing agreements regarding the improvement of "C" Street. Two letters of opposition were received from adjoining residents. The Resource Conservation Commission, at the meeting of August 22, 1988, voted to support the staff recommendation for denial on the rezoning. Mr. Griffin noted one correction in the staff report under Item 3 of the Recommendation Section which should read PCS-88-9 and CVT-88-9 instead of 89-9 as written. Questions asked by the Commission included: (1) What findings are needed for a zone change? (2) Prior to approval of the final map, what specifically would be some of the items covered in that discussion and agreement with South Bay Pioneers? Staff replied that no findings were needed for a zone change. Senior Civil Engineer Daoust noted that the City and the South Bay Pioneers had entered into an agreement last year for participation by the City using Block Grant Funds to do a relatively major portion of the street reconstruction. The fill placed in the street was improperly compacted resulting in the street surface being subject to failure. City participation is expected to amount to $160,000 and includes the excavation, removal, and recompaction of the unsuitable soil along with the repaving of a portion of the street surface and construction of additional improvements. Condition "e" provides that the developer perform the work himself if he should proceed prior to the joint City/South Bay Pioneer action. Although the project was approved for the 1987-88 Capital Improvement Program, work may not commence until a year or more from now. This being the time and the place as advertised, the public hearing was opened. Paul Lukefar, 172 North Del Mar Avenue, Chula Vista, 92010, a 16-year resident, said that there had been numerous projects ranging from a juvenile holding facility to apartments proposed for this quiet, single-family, residential neighborhood. He spoke in opposition to the rezoning, stated that the applicant's request was because the South Bay Pioneers received permisssion to build duplexes and reminded the Commission and the Council that such permission had originally been denied. Richard Batterton, 209 Nixon Place, CV 92010, said that to zone this property anything but R-1 was a travesty. The plateau is separated from businesses, apartments and condominiums and to encroach on the area would be to destroy the neighborhood. He cited the nearby multiple housing areas such as South Bay Psychiatric, South Bay Pioneers, condominiums, HUD Senior Housing Project, convalescent center (Frederica Manor) all of which had contributed to the increased traffic. Mr. Batterton noted that the dollars of extra profit for the few was not worth the total loss in neighborhood character, traffic, home investment and enjoyment of a place to live for the many. Don Sandoval, 152 North Del Mar Ave., CV, 22-year resident, said that Mayor Cox and Councilman Moore had assured him that if the area were annexed to the City that the R-1 zoning would be maintained and he wants to go on believing that the municipal government is honest and trustworthy. He requested that the area be retained as R-1 based on the statements of his neighbors. Ron Helderlein, 615 Law Street, #F, San Diego, CA 92109, the applicant, read a prepared statement urging the Commission to approve the tentative subdivision map and to modify condition "e" to not require the applicant to improve the south side of "C" Street adjacent to the South Bay Pioneers' project because of the exorbitant cost in relation to the density permitted by the project. Also that only one-half improvements be required for both Del Mar Avenue and "C" Street as necessary for the general use of the lot owners in the subdivision and the local neighborhood traffic needs; (2) that the negative declaration be certified; and (3) that the proposed rezoning of Lots 1-5 to the R-2 zone be approved to effectuate a natural transition between the multi-family developments to the west and south and the single-family residential development pattern to the east. In response to Commissioner Cannon's question, Mr. Helderlein replied that he had been informed of condition "n" 3 hours prior to the meeting and had received a copy as he entered. He commented that the South Bay Pioneers had built 12 units and were not required to improve the street, however, his request to subdivide into seven lots had resulted in being required to improve both sides of the street. He said he would be willing to participate in 1/2 of the street and referenced the forthcoming capital improvement bond. The Commissioner asked if condition "n" meant that the South Bay Pioneers would be providing (essentially) the improvements on the south side of the street and the applicant those on the north side. Senior Civil Engineer Daoust explained that the City's project would include a portion of the improvements on the south side and the Pioneers would also be required to finance a portion. Mr. Helderlein's project would be responsible for improvements along the north side except for areas (like the center of the street) where the City's participation might help finance some of the work. Mr. Daoust continued that timing is one of the more critical aspects involved. Since the extent of the necessary improvement work will not be known until after the soils' investigation has been completed, improvements put in prior to the City's project might have to be removed and reconstructed. For that reason, staff had indicated that the improvements on Mr. Helderlein's project would need to extend to the line 36 feet from the northerly curb line. The street pavement is 25 feet wide at present which is inadequate for two-way traffic plus any on-street parking. The discussion over whether the applicant was required to install half-street or full-street improvements continued with Mr. Helderlein saying he would comply with the Subdivision Map Act Law and go from the centerline to his property. Commissioner Cannon expressed concern over the apparent inequity of what was required in the way of street improvements by the South Bay Pioneers and by Mr. Helderlein. He asked (1) what improvements applied to "C" Street; (2) what is the contribution of the South Bay Pioneers; (3) if staff would be satisfied with the same type of agreement as exists with the Pioneers; and (4) the length of time the applicant might have to wait until the City project would be completed. Senior Civil Engineer Daoust replied that (1) condition "n" indicates that the City will participate to the extent of $160,000 in the completion of the improvements along "C" Street. (2) The South Bay Pioneers are responsible for their half of the street and all of the improvement work extending across their entire frontage. If the $160,000 City contribution is completely used and work remains to be done, then the South Bay Pioneers would be responsible for all of the improvement work necessary to complete their footage. If Mr. Helderlein's project precedes that of the City and a portion of those improvements has to be removed and reconstructed, and the resultant cost exceeds the $160,000, then Mr. Helderlein would have a share in the cost of the remaining improvements including those on the south side. (3) $160,000 is the total that has been allotted for all of ~C" Street. (4) The present schedule indicates the design probably will not start until a year from now. The priority schedule is decided by the Capital Improvement Committee and City Council and is, in addition, subject to changes in priority. Mr. Helderlein expressed a willingness to go past the centerline so that construction of the south side would not interfere with the utilities and with improvements he might have completed. He also indicated if he had a definite date within a reasonable time limit, he would be willing to wait until after the City project was completed. Mr. Daoust drew attention to the provisions in condition "f" which is designed to determine the amount of unacceptable material involved. Such material could extend substantially to the north of the centerline and could also affect the sewerline construction along the centerline. He pointed out that condition "n" was written in to allow the City to participate in the project and complete the center part of "C" Street at the same time that the improvements along the frontages are built. He noted that Engineering staff would be happy to work with Mr. Helderlein's engineer on resolving the problem. Commissioner Cannon expressed regret regarding the priority position of the CIP item and the untenable position in which the applicant is placed by having to wait before being able to proceed with his project. Principal Planner Lee pointed out that the South Bay Pioneers accessed their property further to the west and are less impacted than the development fronting on "C" Street. He noted that if the Commission sees an inequity developing, a recommendation could be made to the Council that the construction of the south side of "C" Street be moved to a higher priority based upon this development proposal coming forth. No one else wishing to speak, the public hearing was closed. MSUC (Cannon/Shipe) that based on the Initial Study and comments on the Initial Study and Negative Declaration, to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-88-83. MS (Cannon/Shipe) to recommend that the City Council deny PCZ-88-P, the proposed rezoning of 0.99 acres from R-1 to R-2. Commissioner Cannon noted the difference between the location of the South Bay Pioneers' project in the lower elevation and this one at a higher elevation in the R-1 zone. He commented that the area in question is one of the nicer areas in Chula Vista, should be maintained as R-1 and the residents have turned out on numerous occasions to protest any incursion into the R-1 zone. Commissioner Shipe stated his concurrence saying that anything other than single- family would detract from the taste and flavor of the community. Commissioner Casillas said that the R-2 designation would provide a buffer area between the single-family residents and the multi-family project and he would not support the motion. The motion to denS PCZ-88-P carried by a vote of 5-1, with Commissioner Casillas voting no. MSUC (Cannon/Shipe) that based on the findings in Section "E" of the staff report, to recommend that the City Council approve tentative subdivision map PCS-88-9 and Chula Vista Tract 88-9, subject to conditions "a" thru "n", subject further to a change in condition "e" and condition "n", with condition "n" to read that "Prior to approval of the Final Map for this project, the developer shall enter into an agreement with the City of Chula Vista and the South Bay Pioneers for the road improvements for the full-width of the road; however, if this is not done within the next I year, then the developer would be required under sub-section 'e' to develop only the street improvements to 1/2 width". DIRECTOR'S REPORT: In the absence of Director Krempl, Principal Planner Lee stated that no items were scheduled for the meeting of September 14 and asked for the Commission decision on having a workshop on the 14th or 21st. Commissioner Fuller noted she would be out of town on September 21st, and Commissioner Casillas indicated he would be unavailable on both the 14th and 28th. It was thereupon decided that the next workshop would be held on September 14th and would be a dinner workshop. ADJOURNMENT AT 7:48 p.m. to the Dinner Workshop Meeting of September 14, 1988 in Conference Rooms 2 & 3 at 5:00 p.m. Ruth M Smith, Secretary Planning Commission