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HomeMy WebLinkAboutPlanning Comm min 1980/04/23 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA April 23, 1980 A regular business 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: Smith, R. Johnson, G. Johnson, O'Neill, Stevenson and Williams. Absent (with previous notification): Commissioner Pressutti. Also present: Director of Planning Peterson, Supervisor of Current Planning Lee, Environmental Review Coordinator Reid, Senior Civil Engineer Daoust, Assistant City Attorney Harron and Secretary Mapes. The pledge of allegiance to the flag was led by Chairman Smith, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (O'Neill, Stevenson) The minutes of the meeting of April 9, 1980 be approved as written, copies having been mailed to the Commission. Chairman Smith noted that a transcript of City Engineer Lippitt's response to a question posed by Peter Watry concerning the developer's responsibility for drainage from the Rice Canyon at the meeting of March 19 was forwarded to the Planning Commission as requested on April 9. MSUC (Stevenson-Williams) The transcript be attached to the minutes of March 19 and item 4 of those minutes be approved with that attachment. Chairman Smith abstained due to his absence on March 19. ORAL COMMUNICATIONS Chairman Smith called for oral communications and none were offered. 1.a. Consideration of CEqA findings for development of South College Sectional Plannin_9_Area (EIR-80-4~ Environmental Review Coordinator Reid noted that the draft EIR-80-4, originally considered by the Planning Commission in November, 1979 reported a number of significant adverse impacts which would result from the development of South College Sectional Planning Area as proposed at that time. The development plans were then revised and the final EIR-80-4 was certified by the Planning Commission on March 19, 1980. As noted in the Candidate CEQA findings presented by MSA, Inc. the revised development plan avoids the significant impacts contained in the EIR. MSUC (Stevenson-R. Johnson) The Commission certifies that in accordance with the Candidate CEQA findings changes or alterations have been required in, or incorporated -2- April 23, 1980 into, the project which mitigate or avoid the significant environmental effects identified in the final EIR-80-4 in the areas of land form, biology, and transportation/access; the Commission also finds that the provision of educational services is the responsibility of the appropriate school districts with State funding sources, although the City of Chula Vista will continue to provide a mechanism for cooperation between the developer and the school districts in providing adequate educational services, and if the school districts provide evidence of overcrowding, further actions may be necessary. 1.b. PUBLIC HEARING: Consideration o~development plans for South College Sectional Plannl~ Area Supervisor of Current Planning Lee reported that this is a proposal to develop the easterly 41 acres of the South College Sectional Planning Area which contains a total of 68 acres. The plan includes 260 townhouse units to be constructed on 27 acres on the upper portion of the site with 15 acres retained as permanent open space along Telegraph Canyon Road. Mr. Lee displayed a number of plats illustrating the typical cluster development of units. Each unit includes a two car garage and features a front to back split level design to adhere to the natural topography and reduce the amount of grading required. The project will be served by a public street extending from Telegraph Canyon Road to Otay Lakes Road, with a series of minor private streets to serve the interior portions of the development. Development will take place in six phases with the first three covering the area on the north side of Apache Drive and the last three on the southerly portion of the site. Plats were displayed showing the contemporary Spanish design of the proposed architecture. Mr. Lee advised that the Housing Element of the General Plan requires that a development of this size address the need to devote 10% of the units to low and moderate income housing. He pointed out an area to the north of this site containing 1½ acres which is offered for sale by Southwestern College as surplus property. The City and the developer of this project are working together to acquire that property to be used in conjunction with the development of low and moderate income housing for this project. Units would be scattered throughout the project. Approval of the development plan is recommended subject to six conditions set forth in the staff report relating to development standards. Commissioner Williams questioned why the development plan does not cover the entire Sectional Planning Area. Mr. Lee advised there are three owners within this Sectional Planning Area and since a stub street shown on this development plan will provide access to the adjoining westerly area, staff did not consider it necessary to have development plans for the adjoining area. The remaining area should not encounter problems in development at the density permitted by the Specific Plan. This being the time and place as advertised, the public hearing was opened. Pat McCardle, representing Pacific Scene Company, 3900 Harney, San Diego, the applicant, expressed concurrence with the report and the recommended conditions. He offered to answer any questions from the Commission. -3- April 23, 1980 As no one else wished to speak, the public hearing was closed. Commissioner O'Neill advised that despite comments which he made at previous meetings, he now feels he can support the requirement that the low and moderate income housing be provided either on the project or on another site acceptable to the City Council. MSUC (Stevenson-G. Johnson) Based on the findings as stated in the staff report the Planning Commission recommends that the City Council approve the proposed development plan for the easterly 41 acres of the South College Sectional Planning Area of the E1 Rancho del Rey Specific Plan subject to the six conditions listed in the report. 1.c, PUBLIC HEARING: Consideration of tentative subdivision map for Chula Vista Tract 80-20, Charter Point Supervisor of Current Planning Lee reported that this tentative subdivision map will establish postage stamp lots to cover the dimension of each unit, including patio or balcony area. In addition there will be nine common lots, two of which will be designated for R-V storage. Approval of the map is recommended subject to 30 conditions as listed in the report. 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 (G. Johnson-Stevenson) Based on the findings stated in the staff report, the Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 80-20, Charter Point, contingent upon the applicant providing 26 units of low or moderate income housing either on site or in an alternative location acceptable to the City Council, subject to 30 conditions as listed in the report. 2. PUBLIC HEARING: ~equest for conditional use permit PCC-80-16 to construct 12 condominium units at the southeast corner of East Rienstra Street and Hilltop Drive in C-N zone, Wayne Clar~ Director of Planning Peterson reported this is a proposal for a 12 unit condominium complex in the C-N zone. Apartments or condominiums are allowed in the C-N zone only on approval of a conditional use permit. This particular C-N district is only partially developed and is not laid out in the usual fashion for a neighbor- hood center. There are several different ownerships, and several different uses which were developed at different times. The first development was a service station on the corner of East Rienstra and Hilltop, then a 7-Eleven store which has since discontinued operation. Another structure was built to house a liquor store, small delicatessen, beauty shop and real estate office. At a later date a small office building was constructed in the rear portion of the lot. A 25 ft. easement from East Rienstra serves as an access drive to the office building and to the rear of the other structures. Since this access must remain open it will be difficult to screen residential development from the adjacent commercial uses. Mr. Peterson displayed numerous slides of the site taken from various directions. He advised that in staff's opinion the introduction of residential uses into this commercial area would not contribute to the general well being of the neighborhood and could inhibit the proper redevelopment of the area as a commercial center. -4- April 23, 1980 This being the time and place as advertised, the public hearing was opened. Alfredo Araiza of Owens-Araiza Architects, 272 Church Avenue, representing the applicant, contended that findings in support of the request can be made. With reference to finding 1, contributing to the general well being of the neighborhood, he pointed out that the vacant property at present detracts from the neighborhood; the project as proposed would improve the site and be an asset to the area. Concerning finding 2, he pointed out that due to the previous development on the site, the remaining vacant portion cannot be suitably developed for retail commercial use and there is no demand for office use in this area. With regard to condition 3, Mr. Araiza concurred that some type of screening would be required between the residential use and the commercial use; he felt this could be provided. Since most of the development in the area is residential, he contended the proposed development would be consistent with that use and with the general plan. In discussing the proposal with the Commission, Mr. Araiza expressed the opinion that given a little time the problem of screening could be worked out with the adjacent uses. As no one else wished to speak, the public hearing was closed. Commissioner Stevenson pointed out that a condominium development would serve as a buffer between the commercial use and the single family homes. Commissioner O'Neill expressed support for filling in some of the vacant areas, such as this, rather than expanding to the outside. MSUC (O'Neill-Stevenson) The Commission adopts the conditioned Negative Declaration on IS-80-53 and finds that this development will have no significant environmental impact. MS (O'Neill-Stevenson) The Commission approves the request for residential development in the C-N zone contingent upon the provision of appropriate screening between this property and the existing commercial uses which is acceptable to the Planning Department. Assistant City Attorney Harron advised that such approval would require affirmative findings of the four statements required by the Municipal Code. Commissioner O'Neill suggested the following findings: 1. Inasmuch as the site presently resembles a junk yard the proposed develop- ment will contribute to the general well being of the neighborhood, and will serve as a buffer between the existing commercial and single family development. 2. The use will not be detrimental to persons or injurious to other property of improvements since the access easement will be retained to serve the office building. 3. The proposed screening will offset the requirement for a zoning wall. 4. Commercial uses have been established adjacent to the street frontage and the proposed residential use would be compatible with the adjacent residential area. -5- April 23, 1980 Mr. Harron advised those findings are sufficient. Commissioner Williams suggested that if this development is to be approved, the staff should give it further consideration and apply any conditions they feel are appropriate under the conditional use permit. The motion for approval failed by the following vote: AYES: Commissioners O'Neill and Stevenson NOES: Commissioners Williams, R. Johnson, Smith and G. Johnson ABSENT: Commissioner Pressutti MSUC (Stevenson-G. Johnson) Consideration of the application be extended to June 11, 1980, with additional information and testimony to be received at that time. 3. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-17, Casa d~e Mi~uel~ 30 unit c__oondominium at 436 '~F" Street Supervisor of Current Planning Lee noted the location of six parcels, totalling nearly one acre, on the south side of "F" Street. The three front parcels are presently developed with detached single family homes which will be removed, the three parcels at the rear are presently vacant. The proposal is for 20 two bedroom and 10 one bedroom units. Mr. Lee displayed architectural renderings of the various elevations. He reported that the project will comply with all condominium requirements for open space and storage, and recommended approval of the tentative:map subject to the nine conditions listed in the report. Commissioner G. Johnson pointed out that the Negative Declaration indicates the applicant's intent to retain existing trees where possible, but this is not included in the conditions for approval of the map. Mr. Lee advised that the entire site will be landscaped in connection with the project, but a condition could be added to require retention of the existing trees where possible. This being the time and place as advertised, the ~ublic hearing was opened. Michael Foote, 9865 Erma Road, San Diego, expressed concurrence with the recommended conditions. He also advised that they are c~nsidering the use of solar water heating and solar space heating elements which might require the alteration of some of the roof lines but he did not think it would affect the architectural character of the project. Mr. Lee indicated the staff would want to review any contemplated change in design and determine if it should be evaluated by the Design Review Committee. In response to a question from Chairman Smith, Mr. Foote advised it has been his experience that it is difficult to preserve mature trees during a construction period, but they would endeavor to save trees if possible. -6- April 23, 1980 As no one else wished to speak, the public hearing was closed. MSUC (Stevenson-O'Neill) The Commission adopts the conditioned Negative Declaration on IS-80-31 and finds that this project will have no significant environmental impact. MSUC (Stevenson-G. Johnson) Based on the findings stated in the report, the Commission recommends that the City Council approve the tentative subdivision map for Chula Vista Tract 80-17, Casa de Miguel, subject to the nine conditions listed in the report and the added condition that the applicant shall make every effort to retain existing trees if possible. 4. PUBLIC HEARING: Request for conditional use permit PCC-80-15 to construct 20 apartment units at 325-345 "K" Street in C-C and C,O zones, Snug Harbor Condominiums Director of Planning Peterson reported this is a proposal for a combination of apartments and condominiums on the north side of '.'K". Street on a site located behind T&D Transfer and a welding supply facility, which are non-conforming uses that have been in operation for a number of years. This area has been transitioning to residential use during recent years. Because the site is behind two heavy commerci, al or industrial uses it is not an ideal site for multiple family use, but the size of the site and the fairly low density proposed make it possible to provide effective screening. Mr. Peterson displayed slides of the site.and of the proposed access driveway from "K" Street. He reported the receipt of a letter from Mr. David Mulliken, attorney representing the welder's supply business and the equipment rental use, which does not oppose the development but expresses the firm intent of both businesses to remain in their present locations. This being the time and place as advertised, the public hearing was opened. Tom Horning, 448 Del Mar Court, the applicant, expressed agreement with the conditions as recommended. David Mulliken, attorney with Gray, Cary, Ames & Frye, representing S. C. Mathews and Glen Fithian, read the letter which he had written to the Planning Commission and requested that it be included in the record. He discussed the business operations of his clients and affirmed that no welding is done on the site, it is only the sale of welding supplies. He reiterated that his clients are aware of the chanties in la~d use in the area in recent years but they, nevertheless, intend to remain in business there for the forseeable future. MSUC (Stevenson-Smith) The Commission adopts the Negative Declaration on IS-80-54 and finds that this project will have no significant environmental impact. MS (Stevenson-R. Johnson) Based on the findings stated in the report, the Commission approves the conditional use permit application PCC-80-15 for residential develop- ment in the C-C and C-O zones at 325-345 "K" Street, subject to four conditions enumerated in the report. ~ -7- April 23, 1980 The motion carried by the following vote: AYES: Commissioners Stevenson, R. Johnson, Williams, Smith and O'Neill NAY: Commissioner G. Johnson ABSENT: Commissioner Pressutti MSUC (Stevenson-Smith) The Planning Commission requests the staff to study this area to determine whether an amendment to the General Plan and rezoning would be appropriate. 5. PUBLIC HEARING: Consideration of request for modification of conditional use permit PCC-71-21 for operation of amusement center at 1459 Melrose Avenue, Scoreboard Inn Director of Planning Peterson reported that the modifications requested would allow the business to remain open until 2:00 a.m., seven days a week, permit live entertainment, and allow installation of a pool table. He reviewed the regulations established by ordinance for the C-N District, which include an 11:00 p.m. closing time for all businesses unless otherwise approved by the Planning Commission, prohibits entertainment and allows the sale of alcoholic beverages only in conjunction with a restaurant and then only if the Planning Commission approves a conditional use permit. It is the staff's opinion that the proposal to install a pool table, remain open until 2:00 a.m. seven days a week, and provide live entertainment would tend to move the business away from a restaurant and more toward a beer bar, which is contrary to the restrictions of the C-N zone. Woody Wilson, of the law firm of Wilson & Moore, attorney for the applicant, suggested the application has been unfairly characterized as a request for an amuse- ment center. He noted that a petition expressing support for their request for extended hours and the use of a pool table has been signed by 122 patrons who are residents of the area. He pointed out that the Canyon Club and Blakely's restaurant have been allowed this privilege. He expressed the applicant's willingness to withdraw the request for live entertainment which they have anticipated using only on special holiday occasions. In response to Commission questions, Mr. Peterson advised that the Canyon Club, located in the small center at "L" Street and Telegraph Canyon Road has been in operation for a number of years, and that the Blakely restaurant has been out of business for a number of months. As no one else wished to speak, the public hearing was closed. MS (R. Johnson-Williams) The request to modify the conditions of conditional use permit PCC-71-21 be denied. Commissioner Stevenson indicated he could not support the motion as he could see no problem with installing a pool table, although he would not support extending the hours. The motion carried by the following vote: AYES: Commissioners R. Johnson, Williams, Smith, G. Johnson and O'Neill NAY: Commissioner Stevenson ABSENT: Commissioner Pressutti -8- April 23, 1980 DIRECTOR'S REPORT Director of Planning Peterson advised that within a month a new display system for slides should be installed in the Council Chamber which should make it much easier for the Commissioners to see the exhibits. COMMISSION COMMENTS Commissioner Stevenson expressed pleasure with the expeditious removal of political signs following the recent election. Commissioner Smith called attention to the Statement of Economic Interest to be filed by all Commission members this month. He also questioned the attorney about a statement made on one of the hearings concerning a law prohibiting the shading of a solar system. Assistant City Attorney Harron affirmed that recently adopted legislation prohibits the construction of a building or structure which would shade an existing solar heating installation. (Research into this question after the meeting determined that the new state law is not mandatory. It merely authorizes cities to adopt such legislation. The whole area of regulations regarding energy conservation is being jointly studied by the Planning Department and Department of Building and Housing.) ADJOURNMENT Chairman Smith adjourned the meeting at 9:10 p.m. Respectfully submitted, Helen Mapes, Secr~ary