HomeMy WebLinkAboutPlanning Comm min 1980/07/09 MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
July 9, 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, Pressutti, G. Johnson, O'Neill, Stevenson and Williams.
Absent (with previous notification): Commissioner R. Johnson. Also present:
Director of Planning Peterson, Current Planning Supervisor Lee, 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
Commissioner Stevenson pointed out that on page 6 of the minutes of June 25, 1980
a heading indicates "Council Comments"; this should be changed to "Commission
Comments." The third line of the second paragraph under that heading should read,
"the number converted to condominiums," instead of "converted to apartments."
MSUC (O'Neill-Stevenson) The minutes of the meeting of June 25, 1980 be approved
with the corrections noted by Commissioner Stevenson.
ORAL COMMUNICATIONS
Chairman Smith called for oral communications and none were presented.
1. PUBLIC HEARING: PCZ-80-1 - Rezone 1.5 acres at 900 Otay Lakes Road from
R-1 to P-C, Treetops Unlimited
Director of Planning Peterson noted that when the tentative map for Charter Point,
at the northwest corner of Telegraph Canyon Road and Otay Lakes Road, was con-
sidered and approved by the Planning Commission, there was some discussion concern-
ing the desirability of including this 1.5 acres in that map. The developer did
not have an agreement with Southwestern College to acquire the property at that
time but has since reached an agreement and wish to incorporate the 1.5 acres
into the development plan for Charter Point. Access to this property can be pro-
vided from the Pacific Scenes development and it is appropriate to rezone the
property from R-1 to P-C to be consistent with the adjacent development.
Chairman Smith noted that the Negative Declaration accompanying this item lists
the Community Development Department as the proponent of the project and this
request is by Treetops Unlimited.
Mr. Peterson advised that the property was originally considered for use for low
and moderate income housing, so the Community Development Department has been
involved. However, their review indicated that the costs could not be reduced
enough to make the units available to low or moderate income families so the
project will now proceed without the Community Development Department's involve-
ment.
This being the time and place as advertised, the public hearing was opened. As
no one wished to speak, the public hearing was closed.
-2- July 9, 1980
MSUC (G. Johnson-O'Neill) The Commission adopts the Negative Declaration on
IS-80-59 and finds that the proposed development will have no significant environ-
mental impact.
MSUC (G. Johnson-O'Neill) The Commission recommends that the City Council rezone
1.5 acres at 900 Otay Lakes Road from R-1 to P-C subject to the provision that a
residential density range of 6 to 10 dwelling units per gross acre be established
for the subject property in accordance with the E1 Rancho del Rey Specific Plan
for the South College Sectional Planning Area.
2. PUBLIC HEARING: PCS-80-23 - Tentative subdivision map for conversion of
128 units to East Orange Village Condominiums~ 225-255 East
Orange Avenue
Current Plannin§ Supervisor Lee displayed a plat showing the location of the
property on the north side of East Orange Avenue, where it is surrounded by
multiple family development and a shopping center, with single family homes on
the south side of East Orange Avenue. He also displayed a plan of the develop-
ment that was constructed about three years ago with 126 units. It has been
noted that there are presently 128 units in the complex, including two units
that were illegally converted from a rental office use to one bedroom units. It
is recommended that those two units be eliminated and the space converted into
recreational areas or other uses common to the project as they exceed the density
allowed under the zoning.
Mr. Lee discussed the parking facilities provided in garages and open spaces and
the proposal for providing the storage space required under condominium regula-
tions. He noted that the project complies with the private open space requirements
although it has been recommended that the entry ways through the patios be altered
so the open space would not be bisected.
Mr. Lee reported that the Design Review Committee reviewed the architecture and
site plan and approved the project with only minor changes to the fence design and
some improvements to the trash areas.
Since the project complies with all standards set by the City for conversion from
apartments to condominiums, it is recommended that the tentative map be approved
subject to four conditions listed in the report.
Commissioner Pressutti reviewed the four findings supporting approval of the
tentative map, noting that little argument can be found with those findings, and
questioned whether the Commission has an alternative to approving the conversion.
Assistant City Attorney Harron advised that if the findings can be made the
Commission is legally obligated to vote for the conversion; otherwise, the developer
could seek a writ of mandate. He suggested that if the Commission is morally upset
by approving such conversions they should recommend that the City Council change
the requirements.
Commissioner O'Neill noted that the finding relative to being consistent with the
Housing Element states it will permit an expanded choice of housing ownership.
He felt such choice would apply only to those people who are above the median
income.
-3- July 9, 1980
Chairman Smith noted that the roads near the center of the project are in quite
bad shape and suggested that a condition be added to require that the interior
drives be brought into good condition.
Mr. Lee concurred that the condition could be added.
This being the time and place as advertised, the public hearing was opened.
The following residents of the apartment complex spoke in opposition to the
conversion: Karen Worthern, 235 East Orange, Apt. F-11, Theresa Chavarria,
Apt. F-l, Aileen Hicks, Apt. M-6, Laura Schreiber, Apt. N-8, Celia Cordoba, 245
East Orange, Mark Booth, Apt. E-6, Nancy Peterson, Apt. G-3, Shelly Houser, Apt.
K-l, Bill Gholson, Apt. B-4, Myrtle Mottley, Apt. K-3 and Lorraine Howard, Apt.
H-1. They emphasized the inability of most tenants to purchase a unit due to
high interest and down payment requirements, the economic hardship of being forced
to move numerous times due to condominium conversions, and the difficulty of
finding another apartment suitable for families with children, the number of single
parent families living there, and expressed the opinion that the parking provided
in the complex is not adequate.
George Oday, of Nasland Engineering, 4855 Ruffner, San Diego, representing the
applicant, noted that their project meets all of the requirements of the City
code for conversion and that it would be a low cost project which he felt about
half the tenants living there now could afford to buy. He felt it would be one
and a half to two years before these dwellings could be offered for sale due to
the time required for obtaining approval of a final map and approval by the State
Real Estate Board. He concurred with the conditions recommended in the report
with the exception of the condition that the two one-bedroom units be converted
to recreational use. He contended they were not suitably located for such use,
and if left as residential units they would be the lowest priced units in the
project. He indicated those units were in existence when the property was pur-
chased from the original developer.
In response to a question from Commissioner Stevenson, Mr. Od~y stated he did not
believe there were a lot of apartments which could meet the city's requirements
for conversion to condominiums.
As no one else wished to speak, the public hearing was closed.
In response to a question from Commissioner Pressutti, Mr. Lee affirmed that the
parking, as proposed, meets city standards for apartments or condominiums. He
also advised that Chula Vista's parking requirements compare favorably with those
of other cities, although the question has been raised as to whether the require-
ment should be increased for condominiums.
Commissioner Stevenson noted that the next study session is to include a report
on condominium conversions and a discussion of parking requirements. He suggested
that this map be held over until after the next study session.
It was moved by Commissioner Stevenson that consideration of this tentative map
be continued for one month, to the first meeting in August.
-4- July 9, 1980
Assistant City Attorney Harron advised that under the State Map Act there is a
requirement that a tentative map be acted upon within 50 days after it is filed
unless an extension of time is requested by the developer. This map could not be
continued to August and meet that time limit unless the developer concurs with the
continuance.
Mr. Oday advised the developer would not favor the continuance.
Commissioner Stevenson withdrew his motion.
Commissioner Williams offered a substitute finding for finding 4. b as stated in
the staff report relating to consistency of the map with the Housing Element of
the General Plan, to state that the map is inconsistent in that the conversion to
condominiums would limit the range of housing choice by decreasing an already
limited rental stock. Based on that finding he moved to recommend denial of
the tentative map. The motion was seconded by Commissioner O'Neill, and carried
by the following vote:
AYES: Commissioners Williams, O'Neill, Stevenson, G. Johnson and Pressutti
NAY: Commissioner Smith
ABSENT: Commissioner R. Johnson
Mr. Peterson advised that the map would be sent to the City Council with the
Planning Commission's recommendation and that persons offering testimony tonight
would be notified of the hearing date before the City Council.
MS (Pressutti-Stevenson) The Commission directs that a statement be sent to the
City Council recommending a moratorium be established on all conversions from
apartments to condominiums pending an indepth study of the social impact of such
conversions.
The motion carried by the following vote:
AYES: Commissioners Pressutti, Stevenson, G. Johnson, O'Neill and Williams
NAY: Commissioner Smith
ABSENT: Commissioner R. Johnson
3. PUBLIC HEARING: PCC-80-20 - Conditional use permit to expand church facilities
in four phases, Concordia Lutheran Church, 267 East Oxford
Street
Current Planning Supervisor Lee reported that this church and school are located
on a 3 acre site on the north side of Oxford Street and are surrounded by single
family homes. A request to expand the facility was approved four years ago, but
has since expired without being used. The church is now proposing a similar plan
for expansion to be accomplished in four phases and to include a shower and locker
room, office addition, expansion of the sanctuary to increase the seating capacity
to 350 and a new classroom structure to increase the seating to 180. He noted
there is a paved area for parking in front of the building which will accommodate
the existing sanctuary but it is not properly striped. When the seating capacity
of the sanctuary is increased they will need about 80 parking spaces on the site.
-5- July 9, 1980
Mr. Lee reviewed the conditions as required during the four phases of expansion
and recommended approval of the conditional use permit.
Chairman Smith pointed out that the front paved area is marked for basketball
or volleyball courts and suggested that the stripesfor parking be painted in such
a way as to allow both uses of the area.
This being the time and place as advertised, the public hearing was opened.
Robert Graham, 1425 Second Avenue, advised that he had observed paved areas
marked for parking and for play by utilizing different colors for the two purposes.
Dick Reynolds, Civil Engineer with Phillips and Reynolds, representing the applicant,
expressed a desire to work with the staff in finding a suitable method of marking
the paved area. He concurred with the recommended conditions with the exception
of the time requirement for submitting the landscape and irrigation master plan,
which is required with Phase I with the application for a building permit. Since
they wish to have the shower and locker room completed in time for the opening of
school this fall, they would appreciate some leeway in the preparation of the
master landscaping and irrigation plan, and asked if that could be deferred to
Phase II.
In response to a question from Commissioner G. Johnson, Mr. Reynolds advised
that they have a large athletic field and use the hardtop area only for basketball.
As no one else wished to speak, the public hearing was closed.
MSUC (O'Neill-G. Johnson) Based on the findings as stated in the report, the
Commission approves the conditional use permit for expansion of the church and
school facility at 267 Oxford Street, subject to the conditions recommended with
the modification that the landscaping and irrigation plan shall be submitted during
Phase II, or no later than January 9, 1981.
4. PUBLIC HEARING: PCA-80-9 - Amendment to zonin9 ordinance to eliminate
minimum acreage requirements in MHP zone
Director of Planning Peterson noted that on June llth the Commission considered
the rezoning of three mobile home parks to the MHP zone, although two of the parks,
Jade Bay and Bison, contained slightly less than five acres. The present regula-
tion for the MHP zone indicates that parks must be at least five acres in size. It
is recommended that the regulation be modified to allow some discretion in approving
an MHP zone of less than five acres in cases where the Commission and Council find
that such approval would enhance the supply of affordable housing and would be
compatible with surrounding land use patterns.
In the case of the two mobile home parks under consideration for rezoning, both
are characterized by primarily single width units, and while some of the coaches
are older they are well maintained. It was stated at the previous hearing that
many of the people in those parks are on fixed income and need the protection of
the MHP zone. The periphery of both parks is well landscaped and in terms of
location they are compatible with adjacent land uses. It is recommended that the
Commission recommend adoption of the amendment to the ordinance to allow approval
of smaller parks and find that rezoning both parks previously considered--Jade Bay
and Bison--would protect or enhance the supply of affordable housing and would be
compatible with surrounding land use patterns.
-6- July 9, 1980
Commissioner Williams asked if those findings would not pertain to any mobile
home park regardless of size.
Mr. Peterson affirmed that any mobile home park must obtain a conditional use
permit and that requires certain findings, but these would be additional findings
for parks under five acres.
Chairman Smith expressed concern that this might lead to requests for very small
parks--even a park just big enough for one mobile home.
Mr. Peterson pointed out that the lot would have to be rezoned to MHP and if the
Commission and Council did not deem that it was appropriate it could be denied.
A conditional use permit would also be required, and that could be denied if
findings for approval could not be made.
This being the time and place as advertised, the public hearing was opened.
John Kolsters, 501 Anita Street, urged adoption of the amendment to remove the
acreage restrictions so that the two parks under consideration could be rezoned
since they are ideally located for older residents. Mr. Kolsters advised that
the County of San Diego has made a study of every mobile home park in the area,
and have placed them in one of two classifications. Classification No. 1 is a
planned mobile home development. A secondary group is established for very small
parks. Those areas in the second group have an overlay on the zoning which allows
the owner to change the land use provided he meets certain standards of aiding
the people in finding a place to move at an affordable price and contributing
to the cost of moving. He expressed thanks to the City of Chula Vista for leading
the way in protecting mobile home parks as affordable housing.
Robert Graham, 1425 Second Avenue, President of the Congress of South Bay Seniors,
thanked the Commission for their concern for residents of mobile home parks in the
past and testified to the improvement in the morale in those parks which have been
rezoned. The residents are starting to improve their units and the appearance of
the park. He asserted that in these times it is a moral obligation of all levels
of government to cooperate in every way possible to make affordable housing avail-
able for all citizens.
As no one else wished to speak, the public hearing was closed.
MSUC (Stevenson-O'Neill) The Commission adopts the Negative Declaration on IS-80-65
and finds that this amendment will have no significant environmental impact.
MSUC (Stevenson-O'Neill) The Commission recommends that the City Council enact an
ordinance amending Section 19.27.030 to read as stated in the report, and finds
that the two mobile home parks previously considered will protect the supply of
affordable housing and be compatible with surrounding land use patterns.
DIRECTOR'S REPORT
Director of Planning Peterson noted the items on the agenda for the study session
next week, including condominium conversions, regulations covering the parking
of recreational vehicles and the conversion of garages to living space, and also
that Mr. Harron will discuss some very significant court cases of recent months.
-7- July 9, 1980
Mr. Peterson also asked if the Commission wished to consider scheduling all study
sessions for 5:00 p.m. He suggested that the Commission give some thought to
this and make a decision next Wednesday. He affirmed that next week's meeting is
scheduled for 7:00 p.m.
MS (Pressutti-Stevenson) All study sessions shall be scheduled for 5:00 p.m.
unless otherwise directed.
Commissioner G. Johnson stated she would vote against the motion because while she
could meet at the earlier hour next week, during the school year it is difficult
for her to come at that time.
The motion carried by the following vote:
AYES: Commissioners Pressutti, Stevenson, O'Neill and Williams
NOES: Commissioners Smith and G. Johnson
ABSENT: Commissioner R. Johnson
Mr. Pressutti suggested that the meeting time could be switched whenever Mrs.
Johnson wished. It was agreed that the July 16 meeting would start at 5:00 p.m.
Mr. Peterson noted that each year the City and the Chamber of Commerce sponsor a
City Beautification Awards ceremony and a member of the Planning Commission has
served on the committee that reviews developments that have occurred in the
previous year. He expressed the hope for a volunteer from the Planning Commission
to serve this year noting that it would require at least two meetings of about
two hours and then a field trip to look at the entries. The first meeting would
probably be in August. He would discuss this further at the study session next
week.
COMMISSION COMMENTS
Commissioner G. Johnson suggested that in connection wi th the discussion of
condominium conversions next week, she would appreciate information as to
whether any other municipalities have requirements for notifying the tenants of
the public hearing.
Mr. Peterson advised he would check on that but believed that most jurisdictions
are restudying their regulations.
Commissioner Pressutti reported that on Surrey Drive a person was directed to
remove a chainlink fence and place it at the foot of the hill and to erect a
split rail fence at the sidewalk where the chainlink fence had been to conform
with the ordinance. He was given a specific time in which to accomplish this.
If he fails to do that what is the penalty? It was also stipulated that the split
rail fence be of a certain height and the home owner has been unable to find a
company that makes split rail fences of that height. Mr. Pressutti asked to whom
this person could appeal for relief from that directive.
Mr. Peterson advised the answer would be determined by the authority for the
requirement of the fence--whether it was a condition of approval of a subdivision
map or approval of a site plan.
-8- July 9, 1980
Senior Civil Engineer Daoust advised that in this case the chainlink fence was
placed within the city's right-of-way without the benefit of an encroachment
permit. Because of the requirement for an encroachment permit, the Engineering
Department had the authority to tell the owner to construct the fence in accord-
ance with code requirements, which states the type of fence that will be approved
by the City. The ordinance also gives the City the right to remove any fence
which does not conform to the standards and bill the owner for the cost of doing
so if that fence is located within the public right of way. Mr. Daoust expressed
the opinion that the decision could be appealed to the City Council.
Commissioner Pressutti also commented on the placement of sand bags along Surrey
Drive to keep runoff water from coming into the yards and washing away the land-
scaping. He asked who would be responsible for such damage.
Assistant City Attorney Harron advised that if it is natural drainage no one is
liable, but if some action has been taken that increases the flow, then there is
liability. If the reason is a public street the city is liable; if it is a private
development the owner is liable.
Commissioner O'Neill announced that he will be out of the city and will miss
next week's study session and the following week's regular meeting.
Commissioner Stevenson asked about the frequency of Sears parking lot sales and
reported that he had recently experienced considerable difficulty in finding a
place to park because of their outside sale.
Mr. Lee affirmed that parking lot sales do require a permit and they are limited
to a certain number per year.
Commissioner Williams asked if it would be feasible to consider rezonin§ some of
the strip commercial areas back to R-3. It was suggested this might be considered
during the General Plan review as the Planning Commission has approved several
conditional use permits authorizing commercial areas to be developed with multi-
family units.
Commissioner Stevenson asked, with reference to low cost housing, if the city
has any controls to prevent someone from qualifying for a low cost house and
then turning around and selling it at a profit. He wondered if there is a time
limit or any other controls to assure that low cost housing remains at low cost.
Mr. Peterson advised that the city is aware of that problem, and if any "for sale"
units are constructed under a low cost housing program the city would implement
controls to assure that the low cost units would be available in perpetuity. The
city will be obligated to monitor that and there are several techniques for
accomplishing it.
Commissioner O'Neill reported that in San Diego if such property is placed on
sale it must first be offered to the city.
Chairman Smith reported that a check of the minutes revealed that the last election
of chairman was held on August 8, 1979. Since that is almost a year ago he suggested
that election of a chairman be placed on the agenda for the next meeting.
-9- July 9, 1980
ADJOURNMENT
Chairman Smith adjourned the meeting at 9:15 p.m.
Respectfully submitted,
Helen ~.lapes, Secr~tary-