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