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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-