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HomeMy WebLinkAboutPlanning Comm min 1979/07/25 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA July 25, 1979 A regular meeting of the City Planning Commission of Chula Vista, California was held on the above date beginning at 7:00 p.m. with the following members present: G. Johnson, R. Johnson, Stevenson and Williams. Absent (with previous notification): Commissioners O'Neill, Pressutti and Smith. Also present: Director of Planning Peterson, Supervisor of Current Planning Lee, City Engineer Lippitt, City Attorney Lindberg and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Pro Tempore R. Johnson, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Stevenson-Williams) The minutes of the meeting of July 11, 1979 be approved as written, copies having been mailed to the Commissioners. ORAL COMMUNICATIONS Chairman Pro Tem Johnson called for oral communications and none were presented. 1, PUBLIC HEARING: a. Conditional use permit PCC-79-21 - Request to operate auto repair ~arage in the C-T zone, 696 Broadway Hoffman and Salganick b. Variance PCV-79-7 - Request for reduction of side yard from 25' to zero, 696 Broadway - Hoffman and Sal~anick Supervisor of Current Planning Lee noted the location of the 50' x 150' site located on the west side of Broadway, just north of J Street. The property is in the C-T zone and abuts R-1 zoned property to the west which is developed with single family homes. The adjacent property to the north is also zoned C-T. Mr. Lee advised that approximately a year ago the Commission approved a conditional use permit authorizing the use of this property for a vehicle leasing operation, subject to the condition that a 6 ft. zoning wall be constructed on the west property line and on the north property line to within 36 feet of the front. This applicant is requesting permission to construct a 2200 sq. ft., single story building to house five repair bays, which would be oriented toward the south. It is proposed to locate the building and five parking spaces adjacent to the north property line with the building set back 20 feet from the front property line. A conditional use permit is required for any auto repair business in a commercial zone and the variance is required for the reduction of setback from the side (north) property line. -2- July 25, 1979 Due to the depth and configuration of the residential lots there is good separation between the two uses and orientation of the repair bays toward the adjacent service station should mitigate any problem due to noise, with the requirement that all work be conducted inside the building. The staff had particular concern with regard to the existing driveway which is located toward the north side of the property and would be in direct line with the end of the building. It is suggested that the building be shifted to the east with a 10 ft. setback from Broadway and with the driveway moved to the southerly portion of the lot frontage. Mr. Lee reviewed the eight recommended conditions relating to the site plan and the operation of the repair facility. He noted the staff recommendation for adoption of the Negative Declaration of environmental impact and approval of the conditional use permit and variance applications. In response to a question from Commissioner G. Johnson, Mr. Lee advised that landscaping would be required in the front setback, along with tree wells in the parking area and adjacent to Broadway. In response to a question from Commissioner R. Johnson, Mr. Lee affirmed that although the two parcels are under the same ownership, they have been legally divided and could be sold separately. This being the time and place as advertised, the public hearing was opened. Asher Livingston, 3432 Augusto Street, San Diego, half owner of the adjoining commercial building, reported that they have no objection to the proposal, either the use of the building or the construction of the building on the property line. Their main concern is with the proposed reduction of setback from Broadway; if it is reduced to 10 feet it will tend to block out the sight of their business. Glenn Decker, 812 Norstad Avenue, San Diego, half owner of the commercial building to the north, affirmed the concerns voiced by Mr. Livingston that a building placed at a 10 ft. setback would obstruct the sight of their building from the corner of Broadway and J Street. A 20 ft. front setback would be acceptable to them. As no one else wished to speak, the public hearing was closed. On a request from the Commission, Mr. Lee discussed the setback of the various uses along this section of Broadway. He concurred with the 20 ft. setback if the area in front would be devoted to landscaping. MSUC (G. Johnson-Stevenson) The Commission adopts the Negative Declaration on IS-79-65 with the finding that this project will have no significant environmental impact. MSUC (G. Johnson-Stevenson) Based on the findings stated in the staff report, the Commission approves the conditional use permit, PCC-79-21, to locate and operate a minor automobile and transmission repair facility at 696 Broadway, subject to the eight conditions recommended in the report and with the added condition that the building shall be located 20 feet from the front property line. -3- July 25, 1979 MSUC (G. Johnson-Stevenson) Based on the findings stated in the staff report, the Commission approves the variance request for a reduction in the required side yard from 25 feet to zero for construction of a commercial building at 696 Broadway. 2. PUBLIC HEARING: a. Conditional Use Permit PCC-79-22 - Request for gasoline ~ale~ in conjunction with retail sales, 895 Broadway - The Southland Corporation b. Variance PCV-79-8 - Request for reduction of rear setback from 25' to zero, 895 Broadway - The Southland Corporation Director of Planning Peterson advised that the applicant has asked for a continuance of the public hearing for consideration of the conditional use permit. In cases where a bare quorum of the Commission is present, it has been customary to grant requests for continuance. The applicant does wish to have the variance application considered at this meeting. That application concerns a reduction in the rear yard. Provisions of the code. for the C-T zone require a 25 ft rear yard if the property is adjacent to a residential zone. The purpose of that separation is to provide greater distance between two potentially incompatible uses. In this case there is a 30 ft. wide alley at the rear property line of the commercial zone and in the opinion of the staff that 30 feet fulfills the intent of the 25 ft. setback requirement. Staff further concluded that it would be a hardship on the commercial property to require the building to set back an additional 25 feet from the residential zone. It is recommended that the Negative Declaration be adopted and the variance application approved. This being the time and place as advertised, the public hearing was opened. James A. Berry, 885 Ash Avenue, reported that he had been denied a variance for an 18" reduction in setback for a room addition two years ago, and felt this request for a 25 ft. reduction should not be granted. Brian McConville, 856 Ash Avenue, pointed out that the Thrift Store is adjacent to the alley and if the Southland store is permitted at a zero setback, the residents would be faced with a blank wall along the alley. He commented on the amount of traffic coming from the Thrift store and he felt this proposed store would also add traffic to the alley and create an unsafe condition. William Parker, 874 Ash Avenue, expressed his opposition to the variance because it would block his view of "L" Street and Broadway. He contended the alley would appear like a tunnel. Ann Larson, 898 Ash, (at the corner of Ash and L Street), expressed concern over traffic coming from the alley and the increased possibility of accidents if the building adjacent to the alley blocks the view of traffic on L Street. She also contended that location of the store would add to the problem of broken bottles and litter in the alley. Don Goertz, 881Camino Del Rio South, architect for Southland Corporation, reported that they have been asked by the Alcoholic Beverage Commission to place a 6 ft. wall along the alley to cut down the traffic from their property to the alley. -4- July 25, 1979 He pointed out they propose to construct a single story building and indicated they would be willing to install security lighting if it is necessary. He noted that with a zero setback there could be no parking behind their store and no traffic from their parking lot to the alley unless cars first exited on to the street. He pointed out that the refuse container would be placed at the end of the building, rather than in the rear, and would have to be kept in a neat orderly manner. In response to a question from Commissioner Stevenson, Mr. Goertz indicated they would be willing to delete the door shown at the rear of the building. James A. Berry, 885 Ash, spoke again about the problems that would result from the opening of a 7-Eleven store at this location. Mr. Peterson pointed out that the 7-Eleven store is not an issue here; that is an allowed use in this commercial zone. He expressed the opinion that if the store observed a 25 ft. setback from the alley, there would be parking at the rear of the store near the alley thus encouraging people to park and loiter there, so it was felt that it would be preferable to locate the building at the property line. Brian Conville, 656 Ash, suggested that due to the nature of this variance request the residents should have additional time to review the development plans and get facts together. He again expressed objection to having a wall of any type constructed adjacent to the alley which would obstruct their view of Broadway. As no one else wished to speak, the public hearing was closed. Commissioner G. Johnson questioned whether deleting access from the building to the alley would violate fire laws. Mr. Peterson advised it would not. Commissioner Williams suggested that the hearing be continued for two weeks and the Planning Department readvertise the public hearing to indicate the reduction of setback is from 25 feet to zero rather than from 10 feet to zero. Mr. Peterson advised there is not sufficient time to readvertise before the next Commission meeting in two weeks and that he felt it is not necessary since the hearing notice indicated the building would be located on the property line. The difference in the amount of reduction is based on whether the setback is properly measured from the property line or from the center line of the alley. Mark Ochs, 8805 Pebble Beach Court, representative of Southland Corporation, reported that while there is no urgency in the matter of the conditional use permit for the sale of gasoline, they need to get started with the building construction as soon as possible due to the expiration date of their liquor license. Commissioner Stevenson expressed his preference for continuing the hearing until the next meeting. MSUC (Williams-Stevenson) The public hearing in consideration of the conditional use permit and variance applications for the Southland Corporation be continued to the meeting of August 8, 1979. -~- Juls 25~, 1979 3. PUBLIC HEARING: PCA-79-13 - Consideration of amendment to Hunicipal Code to allow seni. or citizens' housing developments as conditional uses in certain residential and commercial zones Director of Planning Peterson reported that the omnibus amendment to the General Plan text, as recommended by the Planning Commission and adopted by the City Council in the spring, included a paragraph concerning residential uses for senior citizens' housing at higher density than permitted by the actual designation on the General Plan map. The proposed zoning ordinance amendmentwould implement that General Plan amendment. It would list senior housing developments as unclassified uses in any zone except the R-l, R-2, C-V, C-T and industrial zones, subject to the review and approval of each application by the Planning Commission and City Council. It is felt this procedure would permit more flexibility and be less cumbersome than processing numerous variances as required in the case of the Congregational Towers. He recommended adoption of the Negative Declaration of environmental impact and approval of the proposed amendments to the Municipal Code. Commissioner Stevenson pointed out that "senior" is not defined. Mr. Peterson advised that it was deemed preferable to go along with the federal government's definition of 62 years as the criteria for seniors' benefits. Commissioner Stevenson questioned why the two commercial zones were excluded from this provision. Mr. Peterson pointed out that the C-V districts are generally located near a free- way interchange and do not include the necessary shopping facilities or other amenities, such as library, medical offices and public transportation, as needed by senior residents. He further noted that the C-T zoning is mainly along Broadway, which is not a desirable location for a senior citizens' housing project and the land prices there would discourage such development. Commissioner G. Johnson called attention to the statement that says," . . the development will be available for occupancy by seniors only." She asked if this provision could be challenged. City Attorney Lindberg advised that the Courts have indicated you may not discriminate where the type of housing that is being provided does not have special amenities, special design factors and special location, which are intended to serve adults or senior citizens. In an apartment development which is quite amenable to accepting children, you may not discriminate, but in instances such as this, it is legal to exclude families and retain the senior citizens designation. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. MSUC (Stevenson-G. Johnson) The Commissions adopts the Negative Declaration on IS-79-66 with the finding that the proposed amendments will have no significant environmental impact. MSUC (Stevenson-G. Johnson) The Commission approves the proposed amendments and recommends that the Council enact into ordinance the amendments to Sections 19.04.201, 19.54.020, and 19.58.390 as written in the staff report. -6- July 25, 1979 DIRECTOR'S REPORT Director of Planning Peterson noted that one of the frustrations of the Commission, and also the City Council, since occupying the new Council Chambers, has been the difficulty in observing exhibits due to the distance from the display panel and the angle at which it is located. The Council has decided to overcome that problem by installing a T.V. camera which will pick up the image on the display panel and transmit it to four small receiving sets which will be located on the dais. It is hoped this can be accomplished in the fairly new future. CO~ISSION COMMENTS No comments were offered by the Commission. ADJOURNMENT Chairman Pro Tempore Johnson adjourned the meeting at 8:58 p,m. Respectful ly submitted, Helen Mapes Secretary