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HomeMy WebLinkAboutPlanning Comm min 1988/03/23 Tape No.: 288 Side 2: 0-449 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:11 p.m. Council Chambers Wednesday, March 23, 1988 Public Services Building ROLL CALL COMMISSIONERS PRESENT: Chairman Carson, Commissioners Cannon, Casillas, Fuller, Grasser, Shipe and Tugenberg COMMISSIONERS ABSENT: Grasser - with prior notification STAFF PRESENT: Director of Planning Krempl, Principal Planner Lee, Deputy City Attorney Moore, Associate Planner Griffin, Director of Building & Housing Larsen, Zoning Enforcement Officer Stinnett, Senior Animal Control Officer Will INote: Start of meeting delayed because of recording equipment problems) 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 responsibilities and the format of the meeting. APPROVAL OF MINUTES MSUC /Shipe/Fuller) to approve the minutes of the meeting of January 27, 1988 as mailed. MSC (Shipe/Fuller) Commissioner Casillas abstained because of absence, to approve the minutes of March 7, 1988. ORAL COMMUNICATIONS None. MINUTES -2- March 23, 1988 1. PUBLIC HEARING: PCM-88-15 - CONSIDERATION OF PROPOSED AMENDMENTS TO CHAPTERS 6.04, 6.08, AND 19.04 OF THE MUNICIPAL CODE RELATING TO NUMBER OF DOGS AND CATS PERMITTED ON RESIDENTIAL PROPERTIES (CONTINUED) Associate Planner Griffin reminded the Commission that the item had been initiated by a resident's request to Council to consider allowing a greater number of dogs on a large isolated single-family lot. The present Code regulations allow for three dogs and three cats in single-family zones and two dogs or two cats in multiple-family zones. When the Commission first considered the item in January, staff recommendation was to allow the Senior Animal Control Officer to use his own discretion regarding the number of dogs on a particular lot based on an analysis of the lot size, separation from adjoining dwellings and other factors. The item was continued and staff directed to consider revisions which would distinguish more specifically between larger and smaller lots as well as larger and smaller breeds of animals themselves. The draft Amendments have now been revised to eliminate the discretionary approach and establish a sliding scale for the single-family lots resulting in a limit of two dogs or cats to small single-family lots of 3,500 square feet or less and up to a maximum of six each for single-family lots of 20,000 square feet or larger. The present limit (three dogs and three cats) would apply to the vast majority of single-family lots - those between 3,500 square feet and 10,000 square feet. The Amendments do not reflect the recommendation to distinguish between the larger and smaller breeds because according to Bill Will, the Senior Animal Control Officer, while the larger dogs might create a greater sanitation and odor problem, the smaller breeds are often noisier. The Amendments also reflect a change in terminology from zoning to land use in order to account for those dwellings which may not conform with the underlying zone. Several of the definitions have been revised also to conform with the substance of the Amendments. Commissioner Casillas asked what protection an adjacent property owner has against excessive animal noise? Senior Animal Control Officer Will replied that the Animal Regulations sub-regulations deal with noise and with sanitation problems. Commissioner Carson noted that the sign prohibiting dogs posted at the Hilltop Drive Park has been ripped down repeatedly, and asked how soon it would be replaced, noting that there had been two incidents of people attacked by dogs. Officer Will replied he would check and see it was replaced immediately but he had not been informed about anyone being attacked. Ms. Carson said the attacks had taken place, including one on herself in August, the others more recently. Commissioner Fuller noted that questions asked by Commissioner Casillas are answered on page 2 of the staff report and inquired if two written complaints would ensure action. Officer Will replied that a response would be made on one call, but before the issue could proceed further than Animal Control or a letter from the Attorney's office, complaints from two neighbors are usually required. MINUTES -3- March 23, 198~ This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. Commissioner Shipe commented that his neighbor across the street has three dogs within a 8,500 square foot yard which jump over the fence and bark all night long. He considers three dogs in that 8,500 square feet are too many and, therefore, will vote against the item. MSC (Tugenberg/Casillas) Shipe, "no" - to recommend that City Council enact an ordinance amending the Municipal Code as shown on Exhibit A attached to the staff report. Commissioner Tugenberg said he considered this to be a very intelligent solution to the problem posed before the Planning Commission and commended Senior Animal Control Officer Will. 2. PUBLIC HEARING: PCC-88-34 CONSIDERATION OF REQUEST TO CONSTRUCT A 24-HOUR CONVENIENCE STORE WITH A SELF-SERVICE GAS ISLAND AT THE NORTNWEST CORNER OF HILLTOP DRIVE AND NAPLES STREET - SOUTHLAND CORPORATION Associate Planner Griffin pointed out that the project site is zoned C-N INeighborhood Commercial) and abuts a neighborhood commercial center to the north and west and a single-family R-1 area to the east and south across the abutting public streets. The property previously occupied by a service station is presently vacant. The proposal is to construct a 2,900 square foot 7-11 store with two self-service pump islands and a 24x36 free-standing canopy on the side along with 17 off-street parking spaces. The design for the 7-11 store is unique with a concrete mission-tiled roof, terra-cotta tile on the walls and the uses of arches and column-like pop-outs on the elevations. The architectural treatment is carried along all of the elevations and landscaping is included at the base of nearly all the walls. The roof treatment is carried out on the pump island canopy and the monument sign also repeats the theme of the building. It was noted by Mr. Griffin that the proposal requires a Conditional Use permit for the pump islands and a determination by the Commission that it is appropriate to extend the hours in the C-N Zone. For the pump island, the Code requires a showing that there is a clear, public convenience represented as well as a lack of potential traffic hazards, undue congestion or nuisance impacts on surrounding areas. The public convenience requirement is met because no other gas facilities are located in the immediate area. The scale of the operation as well as the provisions for vehicle circulation and stacking will not adversely impact traffic or effect a nuisance impact. Generally, all businesses in the C-N zone are restricted to operation between 7:00 a.m. and 11:00 p.m., unless the Commission finds there would be no adverse impacts on surrounding areas. The adjoining single-family areas are separated from the site by public streets and there has been no indication in the past that there is a relationship between extended hours and disturbances on surrounding areas. It has been recommended that the Commission approve the MINUTES -4- March 23, 1988 request provided there is no significant opposition from the residents. A condition of approval is included which would allow the Commission to reconsider the item if any problems or complaints are received regarding the extended hours. In reply to the Commission's question, Planner Griffin said he believed the present hours of the ?-ll store are 7:00 a.m. to ll:O0 p.m.; and no objections have been filed by any of the nei9hbors in the area. The Commission expressed concern about the surrounding commercial center which presents a very bad appearance and asked if any plans for improvement were known by staff. The staff responded that no plans have been received, but hope 7-11's proposal will spur interest on the part of the adjacent owner to upgrade the center. This being the time and the place as advertised, the public hearing was opened. Stephen Ray, 4215 Spring Street, La Mesa, CA, 92041, representing the Southland Corporation, said that his client had reviewed the staff recommendations and concurs with each item. He stated that the other 7-11 was a franchise operation and will be closed down completely and the owner will take over the new location. He said he know nothing about any of the surrounding commercial developments. No one else wishing to speak, the public hearing was closed. MSUC (Tugenberg/Casillas) to find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-88-43. MSUC (Tugenberg/Fuller) that based on findings contained in Section "E" of the staff report to approve the request, PCC-88-34, to construct a 24-hour convenience store with self-serve gas at the northwest corner of Hilltop Drive and Naples Street subject to conditions "a" through "e" which are mitigation measures to reduce traffic impacts to a level of insignificant pursuant to a traffic study done for the project. DIRECTOR'S REPORT None COMMISSIONER'S COMMENTS Commissioner Casillas said that his attendance at the LCC Planning Commissioners Institute was very worthwhile. That managed growth is a common issue. Heard a number of comments and some concerns expressed relative to Commissioners not getting paid. The presentations were good particularly by a news commentator working for the Sacramento Bee who gave a historical overview on managed growth. Most significant thing he said was that the managed growth activity was not State-wide yet. Groups were pretty localized but are expected to join forces and attack the issue on a State-wide basis with more vigor. MINUTES -5- March 23, 1988 Director Krempl reminded the Commission that there would be a Council Conference on the General Plan at 7:00 p.m. on Thursday. ADJOURNMENT AT 7:40 p.m. to the Regular Business Meeting of April 13, 1988, at 7:00 p.m. in the Council Chambers. Ruth Smith, Secretary WPC 5040P