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HomeMy WebLinkAboutPlanning Comm min 1980/08/13 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA August 13, 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. in the City Council Chambers, Public Services Building, 276 Fourth Avenue. Commissioners present: Pressutti, Smith, R. Johnson, Williams, O'Neill and Stevenson Commissioner absent: G. Johnson (with previous notification) Staff present: Director of Planning Peterson, Principal Planner Lee, Environmental Review Coordinator Reid, City Engineer Lippitt, City Attorney Lindberg and Secretary Mapes The pledge of allegiance to the flag was led by Chairman Pressutti, followed by a moment of silent prayer. APPROVAL OF MINUTES MSUC (Stevenson-Williams) The minutes of the meeting of July 23, 1980 be approved as written. Commissioners R. Johnson and O'Neill abstained due to absence from that meeting. 1. PUBLIC HEARING (cont.): PCS-80-G - Request to prezone property on the north side of Main Street at Maple Drive to R-3-P-12 - Pacific En~ineerin9 Director of Planning Peterson advised that although this hearing has been continued twice previously, the applicant has again asked for a continuance, this time to the meeting of September 24. MSUC (R. Johnson-O'Neill) The public hearing for consideration of zoning application PCS-80-G be continued to September 24, 1980. 2. PUBLIC HEARING: Consideration of draft EIR-80-2A for development of Hilltop Courts Chairman Pressutti noted that this hearing concerns only the adequacy of the draft environmental impact report, and not the approval of rezoning the property. He asked that testimony be confined to issues in the report. Environmental Review Coordinator Reid reported that this project area was the subject of a previously adopted environmental impact report and this EIR is -2- August 13, 1980 supplemental to that document and considers the impact of developing 171 dwelling units on the site. He briefly reviewed the conclusions of the report relating to geology, noise, traffic and schools. Mr. Reid acknowledged receipt of a petition expressing opposition to the change of zone, containing signatures representing 175 households, which was forwarded to the Planning Commission; also a later petition received this afternoon, signed by the residents of 6 dwellings on Nacion Avenue and James Court, expressing opposition to the zone change, which will be included in the environmental report. A letter was received from Mr. and Mrs. Dale Kome on August 11 requesting that development be limited to single family homes at low density. This being the time and place as advertised, the public hearing was opened. Mr. D. Boerner, 163 Camino Entrada, speaking on behalf of 261 residents living within one-half mile of the proposed development, addressed the issues raised in the environmental impact report with regard to density, the cumulative impact of this and other development projects to the east which have been approved on schools, traffic, safety, noise, pollution, police and fire protection. He felt such cumulative impact should be further evaluated. Mr. Dick Brown, 1050 Pioneer Way, E1 Cajon, representing the Gersten Company, expressed the belief that the draft environmental impact report has fully covered all issues and should be adopted for the project as proposed. Mr. Jerry Valk, 291 Camino Vista Real, stressed his concern over school capacities and the apparent inability of the school districts to construct new schools to meet the increased demands that will result from extensive residential developments that have been approved. He felt there should be a closer working relationship between the city and the school districts to meet this problem. Mary Olvera, 134 Camino Entrada, expressed concern for children who must walk to schools from this area if there is any added traffic. She contended that the ability of the streets to handle the volume of traffic is not as crucial as child safety. As no one else wished to speak, the public hearing was closed. MSUC (O'Neill-R. Johnson) Consideration of the final EIR-80-2A be scheduled for August 27. 3. PUBLIC HEARING: Request to extend hours of operation of 7-Eleven market at 1655 A Brandswine to 24 hours per daN - Southland Corp. Director of Planning Peterson reported that the 7-Eleven store at the corner of Brandywine and Sequoia has been open for the past several months and operating from 7:00 a.m. to 11:00 p.m. under the restrictions of the C-N zone. An applica- tion has been filed requesting permission to remain open 24 hours a day. In a number of previous cases the Planning Commission has authorized increasing the operation of 7-Eleven stores based on the testimony offered at the hearings. -3- August 13, 1980 In this case a petition was received favoring 24 hour operation, signed by 124 persons; today another petition was received favoring 11:00 p.m. closing and signed by 68 persons. Neither of the petitions set forth reasons for their opposition or support. In addition, two letters were received today which expressed opposition to the extended hours for reasons of traffic, noise, car radios playing late at night, drinking in the nearby Valle Lindo Park, vandalism in the park, and also illegal alien traffic. A letter was also received from Bon Vivant Homeowners Association which is the group of homes to the north and west of this small center, expressing opposition to the extended hours on the basis of noise, drinking and vandalism. Mr. Peterson felt the decision of the Commission should be based on the desires of the neighborhood. He pointed out that the store is quite some distance away from adjacent homes, which are located up a substantial slope. The Bon Vivant development is diagonally across the street and beyond the park. The staff has recommended approval of the request noting however that the Commission should give substantial weight to testimony presented in the hearing. Mr. Peterson displayed four slides showing this site and the adjacent areas as viewed from this site. This being the time and place as advertised, the public hearing was opened. [inda Boelhauf, attorney representing the Southland Corporation, spoke of the convenience of extended hours and advised that in Chula Vista every 7-Eleven store now operating is open 24 hours. She noted that in the area of 1655 Brandywine there are no other grocery stores or convenience stores so this is the only location at which people could have service 24 hours. She noted that a study done in this city shows that extended store hours have little impact on disturbances in the area. She avowed that the signatures on the petition favoring 24 hour operation were not the result of solicitation of any form but were simply a voluntary act by persons who came into the store. Scott Clifford, District Manager for Southland Corporation, responded to a question raised by Commissioner R. Johnson concerning the incidence of robberies at 7-Eleven stores, noting that they generally occur around 10 o'clock at night. He contended that 7-Eleven stores have been given a poor image concerning robberies when, in fact, their security program instituted in 1974 has greatly reduced the volume of loss due to robberies, and the number of robberies has been reduced 50% since 1974. If specific figures relative to the stores in Chula Vista are required they can be supplied. Henry Kohler, 1547-222 Sonora Drive, representing the home owners association of Bon Vivant, spoke of their efforts to maintain a clean and pleasant living atmos- phere in their development. He did not object to the existence of the 7-Elevan store but felt the residents are entitled to 8 hours of peace and quiet with no commercial operation in the area to induce traffic and noise. He felt people should not be able to get alcoholic beverages at two or three o'clock in the morning. Darrell Patrick, 1603 Dana Point Court, in Point Robinhood, questioned the manner in which the signatures on the store petition were obtained, noting that all members of his daughter's Girl Scout troop had signed the petition. He also contended that vandalism in the neighborhood and in the open space areas has -4- August 13, 1980 increased since the opening of the store, particularly with regard to the split rail fence and broken sprinkler heads. The tennis courts also now suffer from increased trash and debris generated by patrons of the store. He avowed that the residents of Point Robinhood do not want the hours of the 7-Eleven store extended. Kevin Keeler, 1580-101 Mendocino Drive, employee of the 7-Eleven store, spoke of their efforts to maintain the premises and reported that the pinball machines are turned off at 9:30 p.m. and young people encouraged to leave at that time. He contended the extended hours would provide a real convenience to the people of the area. In response to a question from Chairman Pressutti, he advised that during the late evening hours he averages selling four or five 6-packs of beer and two bottles of wine each night. No liquor is sold to minors. Linda boelhauf affirmed that State law prohibits the sale of alcoholic beverages after 2:00 a.m. She responded to the various complaints raised and asserted the store is an asset to the neighborhood. In response to a question from Commission Williams, Mr. Clifford advised that in this district the sale of beer represents 17% of the total sales of a 7-Eleven store on 24 hour operation. He did not have figures on the amount of sales between the hours of 11:00 p.m. and 2:00 a.m. Walt Baker, franchisee of this 7-Eleven, stressed his efforts in counselling the youth with regard to littering. He asserted the extended hours are necessary for the successful operation of the store in order to provide service to the residents in the early morning hours as they leave for work. Jesse Mata, 626 Point Defiance Court, counted the various stores within a mile and a half radius of this location, including two 7-Eleven stores, and felt there is no need to extend the operating hours since no one would be walking to the store during those hours. As no one else wished to speak, the public hearing was closed. The Commission discussed allowing the extended hours for a 90 day trial period to determine if there are complaints of increased vandalism or noise. Commissioner Stevenson felt this might be a precedent setting action for other businesses that would locate in this newly developed center. MS (R. Johnson-O'Neill) The Commission denies the request for 24 hour operation of the 7-Eleven store at 1655 A Brandywine. The motion carried by the following vote: AYES: Commissioners R. Johnson, O'Neill, Williams and Stevenson NOES: Commissioners Smith and Pressutti ABSENT: Commissioner G. Johnson The applicant was advised of the right to appeal this decision to the City Council within 10 days. -5- August 13, 1980 4. PUBLIC HEARING: Conditional use permit PCC-80-21 - Request for expansion of existin§ mini-shop at 196 Broadway - Atlantic Richfield Co. Principal Planner Lee noted the location of this service station at the northwest corner of "E" Street and Broadway with two additional service stations at that intersection and others a short distance to the west. There is also one major super market and two convenience markets, as well as liquor stores, in the immediate vicinity. Mr. Lee recalled that this mini-shop for the sale of prepared food items, snacks and soft drinks was approved by the Planning Commission approximately three years ago. Last year a request to add the sale of beer and wine was denied by the Commission, but upon appeal to the City Council that request received approval. The area converted to the mini-shop totalled about 150 square feet, with some additional storage area in the station. The applicant is now requesting permission to convert the entire 1500 square foot building to the mini-shop operation and discontinue lubrication and motor service for automobiles. The pump island adjacent to Broadway would be removed, but the two islands adjacent to "E" Street would be retained. Mr. Lee pointed out problems with the site plan since the building is located near the center of the site. It is felt the proposed parking stalls, as required by increased store area, would be in conflict with autos attempting to reach the pump islands. It is recommended that the request be denied due to the unsatisfactory site plan. This being the time and place as advertised, the public hearing was opened. Sam Blick, attorney with Higgs, Fletcher and Mack in San Diego, representing the Atlantic Richfield Company, concurred that the proposed site plan is not desirable, and indicated the applicant would prefer to place the parking stalls behind the building. He contended this shop does not compete with convenience stores but provides a convenient service for those who come to buy gasoline. He reported that this site generates approximately $200,000 of gross sales of gasoline a month, and the most favorable forecast of gross sales for the convenience foods is $16,000 a month. He contended there would be little need for parking stalls since the customers would be at the pump islands and could go into the mini-shop for fast food items if they desired. He contended the expansion would not increase traffic on the site but would increase the goods available for sale. Frank Rodriguez, ARCO dealer at Broadway and "E", reported it has become unprofitable to offer repair service for automobiles since that service has become so specialized and mechanics' wages are high. He therefore wished to remove the service bays and convert the entire building to the sale of merchandise. As no one else wished to speak, the public hearing was closed. MS (Stevenson-Williams) The Commission denies the conditional use permit application PCC-80-21 for expansion of the existing mini-shop at 196 Broadway. The Commission discussed the motion and the possibility of considering a revised site plan. -6- August 13, 1980 MS (Smi'th-O'Neill) The motion be amended to consider a substitute motion that the request be postponed to September lOth and the applicant be asked to submit further ideas on site planning. The substitute motion failed to pass by the following vote: AYES: Commissioners Smith, O'Neill and Pressutti NOES: Commissioners R. Johnson, Stevenson and Williams ABSENT: Commissioner G. Johnson The original motion for denial of the application failed to pass by the following vote: AYES: Commissioners Stevenson, Williams and R. Johnson NOES: Commissioners Smith, O'Neill and Pressutti ABSENT: Commissioner G. Johnson Director of Planning Peterson suggested that the matter could be continued to a meeting when all seven Commissioners would be present. MSUC (Smith-O'Neill) Consideration of conditional use permit PCC-80-21 be continued to the meeting of September 10, 1980. 5. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-24, ~rightwood Village, construction of new 9 unit condominium at 163 Bri~htwood Director of Planning Peterson advised that under this proposal the existing single family residence and duplex located on the site would be removed and a new 9 unit condominium constructed. The units would be in a 2 story townhouse plan with two bedrooms in each unit. Each unit would have a one car garage and there would be 7 open parking spaces on the site for a total of 16 onsite spaces. The required storage space will be located in three separate locations for each unit, and while this is contrary to the recommended standards, the Planning Commission and Council have the authority to depart from those regulations. Of the required 200 cubic feet of storage space, 189 cubic feet will be contained in two locations, with the third location bringing the total to 225 cubic feet, or 25 cubic feet in excess of the ordinance requirements. Approval is recommended subject to the conditions in the report. This being the time and place as advertised, the public hearing was opened. Dan Brennan, 171Camino Vista Real, one of the applicants, pointed out that in the interior units where storage is located under the stairway, its access will be from the garage, as will another storage area, and the two are not far separated. Ruth Bishop, 445 "E" Street, reported that she had no objection to this plan for development but is quite concerned over the demolition project on the lot next to her own which has dragged out over many months, is very unsightly, and has resulted in considerable damage to her own improvements. As no one else wished to speak, the public hearing was closed. -7- August 13, 1980 Mr. Lee indicated that he would check with the Department of Building and Housing regarding the demolition permit on the property adjacent to Ms. Bishop's. MSUC (Stevenson-Smith) The Commission adopts the conditioned Negative Declaration on IS-80-41 and finds that this project will have no significant environmental impact. MSUC (Stevenson-Smith) Based on the findings as stated in the report from staff, the Commission recommends that the City Council approve the tentative subdivision map for Brightwood Village, Chula Vista Tract 80-24, subject to the three conditions enumerated in the report. 6. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-25, Castle Park Townhomes, conversion of 39 units to condominiums at i436 Hilltop Drive Principal Planner Lee advised that on August 12th the City Council acted on the Planning Commission's recommendation to establish a moratorium on the conversion of previously occupied apartment units to condominiums. The moratorium was established for a period of 90 days to permit a study and report on the conversions and a possible recommendation for regulation of future conversions. It is therefore not proper to consider the subject map and the applicant has been so advised. MSUC (R. Johnson-Stevenson) The public hearing for consideration of the tentative subdivision map for Castle Park Townhomes, Chula Vista Tract 80-25, be rescheduled after the moratorium is lifted, which hearing will be no earlier than October 22. DIRECTOR'S REPORT Director of Planning Peterson reported that the meeting next week is a study session scheduled for 5:00 p.m. to be followed by dinner at 7:00 p.m. One of the topics for discussion will be the parking of recreational vehicles in residential zones. Commissioner R. Johnson advised that due to his absence from recent meetings he would like some discussion regarding the moratorium on apartment conversions. Mr. Peterson reported he will brief the Commission on what will be studied during the moratorium period. ADJOURNMENT Chairman Pressutti adjourned the meeting at 9:30 p.m. to the study session at 5:00 p.m. on August 20. Respectfully submitted, Helen Mapes, Secretary