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HomeMy WebLinkAboutPlanning Comm min 1980/06/11 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA June 11', 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, Pressutti, Williams, Stevenson and O'Neill. Absent (with previous notification): Commissioner G. Johnson. Also present: Director of Planning Peterson, Associate Planner Liuag, Senior Civil Engineer Daoust, Assistant City Attorney Harron and Secretary Anderson. The pledge of allegiance to the flag was led by Chairman Smith, followed by a moment of silent prayer. APPROVAL OF MINUTES MSC (R. Johnson/Williams) The minutes of the meeting of May 28, 1980 be approved as written, copies having been mailed to the Commissioners. Commissioner O'Neill abstained from voting due to his absence on May 28. ORAL COMMUNICATIONS Chairman Smith called for oral communications and none were presented. 1. PUBLIC HEARING (cont.): Request for conditional use permit PCC-80-17 to construct 12 condominium units at the southeast corner of East Rienstra Street and Hilltop Drive in C-N zone, Wayne Clark Director of Planning Peterson reminded the Commission that this item had been before them on April 23 and they had continued it to give the applicant an opportunity to work with some of the owners of the commercial property to the west to secure agreements to install landscape screening to separate the proposed residential development from the existing commercial area. He stated that the owner has attempted without success to secure these agreements with the Thrifty Oil Company. It was his understanding that the owner of the liquor/deli had some concern about a landscape buffer with verticle elements for security reasons. Staff feels that the buffer should have a strong verticle element, i.e. trees and shrubbery in order to provide a satisfactory buffer for the proposed development. Staff is also concerned with access which should be maintained through the parking area and could interrupt any continuous landscape buffer. Mr. Peterson stated that the site lacks a residential character and staff could not make any findings that this project would contribute to the general well being of either the neighborhood or the community and for those reasons staff has recommended the conditional use permit be denied. -2- June 11, 1980 This being the time and place as advertised, the public hearing was opened. Wayne Clark, the applicant for the project, advised he has been in contact with several adjacent owners and they are not adverse to working with him. He also stated he has not been able to contact the proper person at Thrifty Oil to discuss the matter and gain their permission. Mr. Clark commented that he would like approval at this time even without a l~and- scape buffer, and that Mr. A. Araiza, his architect, would be presenting some slides to show the Commissioners several areas within the city of residential areas next to commercial areas that have no landscaping buffers. He commented on the absence of tenants in the commercial center which demonstrates to him that the commercial area is not needed in this area, as people are going to other commercial areas to shop. He also stated that there has been no opposition to this project from adjoining residents or tenants of the commercial area thus far. In reply to a question from Commissioner Smith, Mr. Clark stated that there would be no windows facing the commercial area from the project. Mr. Alfrado Araiza, architect for the applicant, commented that this project was inward oriented and would not view the back of the commercial area. The easement is the only access to the dwelling units proposed and do not relate to the commercial area at all. He informed the Commission that the parking behind the gas station is not required parking; the only parking required is behind the commercial building to the south and it is very seldom used. In regards to guest parking, he stated there are 24 parking spaces on the site, two for each unit and four spaces on the street. There is a parking lot across the street for the school and also curb parking along Rienstra. He then presented his slides showing several commercial areas which abut residential areas that have no landscaping buffers. As no one else wished to speak, the public hearing was closed. Commissioner O'Neill commented n~re living units are needed in the city and this project would help alleviate that problem. Commissioner Stevenson asked Mr. Peterson whether he thought there would be need for further commercial areas in this general area. In reply, Mr. Peterson stated he felt commercial ventures in this area would be limited except for perhaps specialized enterprises such as offices of architects or engineers. He commented from his observation of the area that the commercial businesses may not be thriving, and perhaps, some time in the future, this commercial area could be redeveloped as residential. The opportunities to do that in a quality way would be reduced by the individual development of a portion of the property at this time. In reply to a question from Commissioner Smith, Mr. Clark stated he was the owner of the land underlying the easement which serves as access to the commercial property as well as his proposed project. He stated also that he would install landscaping on the easterly side of the easement (the westerly side of his proposed buildings) to -3- June 11, 1980 provide a buffer, but that he felt it was not feasible to put in a 6' fence. The commercial area must have free and open access all along the easement. He commented he may be able to negotiate with the adjacent commercial owners for some type of "thing" there but he has not been able to do that at this time. MS (R. Johnson/Pressutti) The Commission recommends denial of the project. The motion failed to carry by the following vote: AYES: Commissioners R. Johnson, Pressutti NOES: Commissioners Smith, O'Neill, Williams, Stevenson ABSENT: Commissioner G. Johnson MSC (O'Neill/Stevenson) The Commission approves the request of the applicant subject to the following conditions: 1) The applicant demonstrate to the city that he has the right to install and maintain a buffer planting area on or near the westerly line of the community easement. (minimum of 5' in width) The landscaping area may include breaks to allow for vehicular movement from the adjoining commercial activities. 2) The driveway portion of the easement area shall be developed with some combination of textured surface such as a) turf block, b) epoxy colored surface over the existing A.C. paving and c) other textured treatment. The exact material and design shall be subject to the approval of the City's Landscape Architect. 3) Small lawn areas shall be integrated with shrub planting areas along the west wall of the residential buildings. 4) Tall deciduous broad leaf and small leaf wispy trees shall be used at the westerly building line and at the westerly easement line. The vote was as follows, to-wit: AYES: Commissioners O'Neill, Stevenson, Williams, Smith NOES: Commissioners R. Johnson, Pressutti ABSENT: Commissioner G. Johnson Commissioner Pressutti stated that he had been absent at the April 23 meeting on this item, and that at direction from Counsel had listened to the taped meeting and felt that he had sufficient input to vote on this item. 2. PUBLIC HEARING: PCZ-80-H - Consideration of rezoning 3 mobile home parks-- 701 D Street, 708 H Street and 100 Woodlawn-- from R-3 to MHP - City Initiated Associate Planner Liuag reported in November 1978 the City Council established the MHP zone to provide appropriate locations for mobile home parks to insure that the properties could not be used for any other land use unless the City Council deemed it desirable to rezone the land. He stated that the city has rezoned six mobile home parks as of this date, and staff is now proposing to rezone three additional mobile home parks to MHP zoning. He commented two of the mobile home -4- June 11, 1980 parks, Jade Bay Mobile Lodge and Bison Mobile Home Park are just over four acres in size, whereas the MHP zone specifies the minimum acreage at 5 acres. He advised the staff is proposing an amendment to the code which would allow for more flexi- bility as to acreage. He stated both of the existing smaller parks provide for a greater number of spaces than could be accommodated by a new five acre park and although the parks are less than five acres, they offer sufficient space to provide a very manageable park. He called attention to a letter received from the Jade Bay Mobile Lodge owners which seemed to be concerned about conformance regarding the 5 acre minimum standard. Mr. Liuag advised staff has recommended approval of the rezoning contingent upon an amendment being adopted reducing the minimum size of a MHP site to less than the current 5 acre minimum requirement. Commissioner Stevenson stated it seemed to him the letter from the Jade Bay Mobile Lodge was concerned about rent control and wanted clarification for the residents in attendance that this rezoning had nothing to do with rent control. Commissioner Smith asked for clarification on existing non-conforming uses. Mr. Liuag stated the Planning Department does not pursue the elimination of non- conforming uses unless they are a nuisance of some type. If the use is non-conforming primarily because it does not meet present standards such as an apartment complex built at 40 units to the acre, while our present requirements in the R-3 zone are 32 units to the acre, they are essentially non-conforming but they do not have to meet the present requirements. Commissioner Pressutti asked for clarification if an owner wanted to change MHP zoning to some other use. Mr. Liuag stated the person would have to initiate a rezoning from MHP to another zoning which would have to be consistent with the General Plan. He informed the Commission that most of the mobile home parks are located in residentially zoned areas, primarily high density areas, therefore they could request rezoning to R-3 as some density which would be consistent with the General Plan. As this was the time and place as advertised, the public hearing was opened. John Kolsters, 501 Anita, Chula Vista, writer of several publications for mobile home tenants, commended the city on instituting a mobile home park zone to protect the tenants. He stated he had been through the other six mobile home parks that had been rezoned and found quite a change in landlord-tenant relations. He informed the Commission that the vacancy rate for mobile home parks in San Diego County is zero. He stated that there is a land use moritorium on 201 parks in San Diego County to stop conversion to high density residential use. Mr. Kolsters cited several reasons for retention of a mobile home park, such as, they must meet State standards for a park not just local regulations; they pay for their own streets and street lighting and require less city services such as police. He thanked the Commission for their consideration for approval of the zone change. Kenneth Kabota, 9751 Calvert Avenue, Fountain Valley, CA, representing the owners of the Jade Bay Mobile Lodge, agreed with Mr. Kolsters and also had some concerns. He stated that the owners have no intention of selling the park or converting it to any -5- June 11, 1980 other use, and that this rezoning is being made without justification, if the intent is to stop conversion of parks. He was concerned about the 5 acre standard outlined in the code and stated he would like more ti~ to consult with staff to resolve his concerns. Inez Patterson, 1239 Rigby Street, E1 Cajon, owner of the Bison Mobile Home Park, commented that with all the commercial uses in the area, they would like the property to also be commercially zoned rather than MHP which they thought was unfair and unwise. They have no intention at this time of selling the park or converting it to any other use, but in future years their children might find it economically infeasible to continue this use. They would prefer to leave the zoning as R-3 or to change it to commercial zoning. Mr. Hansen, Jade Bay Mobile Lodge, wanted to know why the Commission was rezoning the property to make them move out when they have no place to go. Chairman Smith explained to Mr. Hansen that this rezoning was for mobile home park use exclusively. Douglas Hansen, 610 South Main Street, Los Angeles, CA representing the Southern Pacific Land Company, owners of the property on which Baywood Mobile Home Park is located, advised the Southern Pacific Land Company is opposed to the rezoning. (There is a total of 6.27 acres out of which I acre is owned by the manager of the pa rk. ) Mr. Hansen stated that the lease on the property expires in two years and it is not their intention to renew the lease. The operator of the park has been notified of their intention, therefore they are requesting that the property not be rezoned at this time. A1 Rains, Baywood Mobile Home Park, 100 Woodlawn, Chula Vista, complimented the Commission on their consideration of the MHP zoning designation for this park. He commented that he thought this park could accommodate both the double wide and single wide trailers should this be a problem in the future. He added that mobile homes were better made than most other types of standard homes and concurred with the speaker that stated mobile home parks use fewer city services. Mrs. L. A. Coffin, 100 Woodlawn, Baywood Mobile Home Park, had just moved into Baywood Mobile Home Park and was not aware that the owners were not going to renew the lease. She thought that tenants moving into a mobile home park should be made aware that this was a possibility. She thanked the Commission for considering the zone change to MHP. Howard J. Kimball, 708 "H" Street, #33, spoke for the tenants at the Bison Mobile Home Park. He advised they were in favor of the MHP zone. John Kolsters clarified that the 17 year law regarding mobile homes has nothing to do with the present owners and requires only that upon the resale of a mobile home over 17 years of age, that if the park owner insists, the mobile home must be removed in order that he may be allowed to upgrade the park. A new mobile home can be placed upon that lot providing it does not cover more than 75% of the total square footage of that particular lot. As no one else wished to speak, the public hearing was closed. -6- June 11, 1980 Commissioner Pressutti remarked that even if this Commission changes the zoning, at sometime in the future the zoning can be again changed back to R-3 or to commercial if so deemed by Council. MSC (Pressutti/O'Neill) The Commission recommended that the City Council approve the change of zone for the following mobile home parks: 1) Jade Bay Mobile Lodge, 701 "D" Street from R-3 to MHP, 2) Baywood Trailer Park, 100 Woodlawn Avenue from R-3 to MHP, and 3) Bison Mobile Home Park, 708 "H" Street from R-3 to MHP. The vote was as follows, to-wit: AYES: Commissioners Pressutti, O'Neill, Stevenson, Williams, R. Johnson NOES: Commissioner Smith ABSENT: Commissioner G. Johnson 3. Request for one year extension of tentative subdivision map for Chula Vista Woods, PCS-77-5 Director of Planning Peterson explained that the tentative map was approved by the City Council in January 1978 and was subsequently extended for a period of one year and now the applicant is asking for another one year extension. He stated that the property is land locked and the owner has apparently not been successful in obtaining access to Brandywine or another street and in addition, he needs to cross privately owned property for drainage and sewer lines. If the owner is able to work those problems out, he should be allowed to proceed. Accordingly staff has recommended approval of the extension of time. He added that staff has also recommended an additional condition for approval. He pointed out that both the Planning Commission and City Council have, in recent months, been implementing the Housing Element of the General Plan by requiring each new development of more than 50 lots to devote 10% of the units to low and moderate income housing, thus staff has formulated a similar condition of approval in addition to those established by the Council in January of 1978. In addition to the Planning Department's condition, the Engineering Division has a change in one of the original conditions, which Mr. Daoust will explain. Roger Daoust, Senior Civil Engineer, informed the Commission when the original tentative subdivision map was approved, there was Condition K in the approval which required the developer to participate in an Improvement District for the construction of Telegraph Canyon Road and Brandywine Avenue. During the 2 1/2 years since the original approval, the Engineering staff's thinking has evolved to some extent to where now they anticipate a reimbursement district or a fee district will be used to allow the participation in the construction of Telegraph Canyon Road. An improvement district would be a possibility for Brandywine Avenue. The Engineering recommendation is for the modification of that Condition K to read as follows: "Prior to the approval of the final map for this project, the developer shall enter into an agreement with the City of Chula Vista in which he agrees to 1) participate in a Reimbursement or Improvement District for improvements along Brandywine Avenue and 2) to participate in a Reimbursement District or Fee 9istrict providing for the full improvement of Telegraph Canyon Road." Chairman Smith asked Mr. Daoust what the wording is at present on Condition K. -7- June 11, 1980 Mr. Daoust read: "k. In the event an Improvement District is formed, for the construction of improvements along Telegraph Canyon Road and Brandywine Avenue, the developer will participate in the District." Chairman Smith asked Mr. Daoust if there would be a cost difference. Mr. Daoust stated he did not know at this time. Jack Gardner, 4363 Grace Road, Bonita, owner of the property, stated that as long as the fees were on an acreage basis he does not object. Mr. Daoust explained the proposal was based on generation of vehicular trips rather than acreage. Mr. Gardner stated that he hoped to place the 10% low cost housing in another area rather than in this development. Commissioner O'Neill asked Assistant City Attorney Harron if the city could assist this property owner in gaining access to Telegraph Canyon Road and/or Brandywine. Assistant City Attorney Harron replied the law states that the city can lend their power of eminent domain to a land locked property owner to put in public improvements. He stated the question went to Council and in this case they did not choose to utilize those powers. During discussion, Commissioner O'Neill recalled that the other parties were unwilling to do anything at that time. MSUC (Stevenson/R. Johnson) The Commission approves the request for a one year extension until July 17, 1981 of the tentative subdivision map for Chula Vista Woods subject to the added condition as listed in the staff report and the change of condition k to read as follows: "k. Prior to the approval of the Final Map for this project, the developer shall enter into an agreement with the City of Chula Vista in which he agrees to 1) participate in a Reimbursement or Improvement District for improvements along Brandywine Avenue and 2) to participate in a Reimbursement District or Fee District providing for the full improvement of Telegraph Canyon Road." AYES: Commissioners Stevenson, R. Johnson, Williams, Pressutti, O'Neill, Smith NOES: None ABSENT: Commission G. Johnson MSC (O'Neill/Stevenson) The Commission votes to recommend that Council invoke the power of eminent domain to provide this property owner with access to either Telegraph Canyon Road or Brandywine Avenue. The vote was as follows, to-wit: AYES: Commissioners O'Neill, Stevenson, Pressutti, Smith, R. Johnson NOES: None ABSTAIN: Commissioner Williams ABSENT: Commissioner G. Johnson Commissioner Williams stated the reason he abstained was that he was not present at the previous discussion of eminent domain on this item. -8- June 11, 1980 DIRECTOR'S REPORT Director of Planning Peterson stated that the meeting next week is scheduled for a 5:00 p.m. study session followed by a dinner. He will not be able to attend as he has another meeting at that time. Mr. Daniel Pass and Mr. Ken Lee will be attending the study session to make a slide presentation on plaza's, squares and other urban open spaces primarily in Europe and the regulations concerning the conversion of garages into living space and the regulations pertaining to parking of recreation vehicles. Commissioner R. Johnson requested an update of the Town Centre area plans. COMMISSION COMMENTS Commissioner Williams asked Mr. Peterson if there were plans to upgrade the landscaping at the Alpha Beta store at 4th and "F" Streets. Mr. Peterson said staff has had some discussion with the Alpha Beta market people and have initiated the preparation of a conceptual landscaping plan that can be implemented there. Commissioner O'Neill commented on the Supreme Court decision that municipalities can restrict development to preserve open space, and thus, does not violate property owners rights. Chairman Smith read a letter he had received from Strand Express Joint Powers Agency Board regarding "the bus that goes in circles" in operation at 903 Broadway, in which they ask for consideration of approval of a conditional use permit. Mr. Peterson stated the applicant is trying to decide whether to apply for a conditional use permit in that location. He stated that a letter was written to the owners to remove the fencing at that address or to apply for a use permit. They have been given a deadline by which to determine to apply or not; if they do not apply for a conditional use permit at that time, the city will pursue the enforcement action against them regarding the fence and the bus operation. The meeting was adjourned at 9:00 p.m. Respectfully submitted,