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HomeMy WebLinkAboutPlanning Comm min 1980/11/26 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA November 26, 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, G. Johnson, R. Johnson, Stevenson and Williams Commissioners absent (with previous notification): Smith and O'Neill Staff present: Director of Planning Peterson, Principal Planner Lee, Senior Civil Engineer Daoust, Assistant City Attorney Harron 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-R. Johnson) The minutes of the meeting of November 12, 1980 be approved as written. ORAL COMMUNICATIONS Steve Molski, President of Holiday Gardens Home Owners Association, expressed concern over the amount of traffic that will be generated on Woodlawn Avenue if Colorado Avenue is closed. He asked that the City consider the possibility of making Woodlawn Avenue a one way street with traffic going north. MSUC (G. Johnson-Stevenson) It is requested that the staff study the traffic on Woodlawn that may result from the closing of Colorado Avenue and report on the feasibility of making Woodlawn a one way street. 1. PUBLIC HEARING: PCC-81-6 - Request for conditional use permit for sale of gas in conjunction with retail market at 495 Telegraph Canyon Road - Atlantic Richfield C~mpans Director of Planning Peterson advised that Atlantic Richfield has requested that the application not be considered at this time; they are not certain whether they will reactivate the request in the future. If that is done a new public hearing will be advertised. This being the time and place as advertised, the public hearing was opened. -2- November 26, 1980 Gary Wilson, 490 Hale Street, expressed the opinion there is no need for a mini shop to sell liquor in conjunction with this service station due to the easy accessibility of the Plaza shopping center, as well as a bar and liquor store just west of the freeway. He asserted liquor and gasoline should not be sold at the same location. As no one else wished to speak, the public hearing was closed. MSUC (Williams-Stevenson) Conditional use permit application PCC-81-6 shall be filed without action. 2. Consideration of vacation of a portion of Colorado Avenue, north of "H" Street Senior Civil Engineer Daoust displayed a plat showing the location of the MTDB station and parking lot, which includes the land on both sides of Colorado Avenue. During the early planning stages of this project it was expected that the parking lot would occupy Colorado Avenue under an encroachment permit, but it has now been determined that it would be more appropriate to vacate the portion of Colorado to be used by the parking lot, with the reservation of appropriate easements for utilities. The proposed work would include construction of a cul-de-sac just north of the parking lot, widening a portion of Woodlawn Avenue and installation of traffic signals at Woodlawn and "H" Street. Traffic studies made by the Engineering Department indicate that about 1,550 vehicle trips per day would be diverted to Woodlawn Avenue as a result of closing Colorado. In response to questions from the Commission it was noted that the only entrances into the MTDB parking lot will be from Woodlawn Avenue and that a masonry wall will be constructed on the north property line. Steve Molski, reported that there are a total of 168 families in the housing complex between Colorado Avenue and Woodlawn Avenue. MSUC (Stevenson-G. Johnson) The Commission recommends that the City Council approve the vacation of 400 feet of Colorado, subject to the reservation of appropriate easements for utilities. 3. PUBLIC HEARING: PCC-81-5 - Request for conditional use permit to operate muffler shop in conjunction with automotive tune-up shop at 355 Broadway in the C-T zone - G. W. Dunster Principal Planner Lee noted the location of the property on the east side of Broadway just north of Park Way. The commercial zoning in this area is 120 feet deep. The lot is 100 feet in width and abuts residential property to the east. An automotive tune-up shop has been approved for this property and the building is presently under construction abutting the north property line and near the front of the lot. It is now proposed to remove an older corrugated metal building located at the rear of the property and construct a new 1,432 sq. ft. building using split- face concrete block to match the building under construction to be used for the muffler shop. The building will be located on the south property line and maintain a 10 foot setback from the rear property line, which would be devoted to landscaping to serve as a buffer between the building and the adjacent residential use to the east. -3- November 26, 1980 Two existing dwellings on the property to the east receive access through this commercial lot and that access must be recorded and retained. The combined uses for this lot would require six offstreet parking spaces. The site plan provides 13 parking spaces, three of which are compact spaces. A letter protesting approval of this request was received from the operators of the muffler shop located to the south of this prooerty, citing access problems and the amount of parking available. It is recommended that the conditional use permit be approved subject to three conditions relating to a sign program, landscaping and the retention of the ease- ment serving the residential lot. This being the time and place as advertised, the public hearing was opened. Mr. G. W. Dunster, 411 San Morena Way, San Diego, expressed concurrence with the staff report and the recommended conditions and offered to answer any questions from the Commission. As no one else wished to speak, the public hearing was closed. MSUC (R. Johnson-Stevenson) The Commission finds that this project will have no significant environmental impact and adopts the Negative Declaration on IS-81-15. MSUC (R. Johnson-Stevenson) Based on the findings stated in the report, the Commission approves conditional use permit PCC-81-5, subject to the three conditions listed in the report. 4. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 80-28, Quintard, for construction of a 12 unit condominium project at Quintard and First Avenue Principal Planner Lee reported that this property is a little over one acre in size and is zoned R-3-P-12. The proposed project consists of six duplex structures, a combination of one and two stories high, and includes a two-car garage for each of the 12 units. The access drive for four of the units is from First Avenue, and for eight of the units the driveway is off Quintard Street. Three open parking spaces are proposed at the south end of the property, with two of the spaces in tandem. It is recommended that the tandem space be deleted and relocated into the northern portion of the development. The site plan and architecture has been approved by the Design Review Committee. The guidelines established by the City in zoning the property R-3-P-12 stipulate a minimum setback from the south property line of 35 feet for two story structures. This plan provides a 27 foot setback for the first story and 41 feet for the second story portion of the buildings. The structures resemble large single family dwellings and should be compatible with the abutting neighborhodd. Approval of the tentative map is recommended subject to three conditions relating to easements along both streets for trees, location of a fire hydrant, and relocation of the proposed tandem parking space. -4- November 26, 1980 This being the time and place as advertised, the public hearing was opened. Carolyn Butler, 97 Bishop Street, expressed concern that there is no noise baffle between this development and the adjacent duplexes; she felt the noise and head- lights of cars entering the driveways would be disturbing to the adjacent residents. Mr. Lee pointed out that the 5 foot high solid wood fence on the south property line would eliminate the glare of car lights entering the property, and further that the cars would be heading east and the lights would not shine into the structures to the south. Mrs. Butler discussed water damage which her property has suffered in previous years due to runoff from the development at the corner of Tobias Drive and Quintard Street. It was pointed out that grading plans for this development will include solutions to drainage problems so this property will not create problems for the adjacent properties. Tanaka Muraoka, praised the design of the project which he believes will improve the area. He asserted there has been a serious problem of drainage water in Quintard Street which comes from the north and east, which he hoped would be investigated and remedial measures taken. Frances Lindsey, 91 Bishop Street, objected to the location of the driveway adjacent to the property tine, since the cars will be 25 feet from her bedroom. In response to a question raised by Carolyn Butler, Mr. Lee affirmed that in approving the site plan the Design Review Committee included a condition that no dumpsters would be located on the property; it was felt that with a two car garage for each unit, trash could be handled in the same manner as in single family residences. As no one else wished to speak, the public hearing was closed. MSUC (Stevenson-Williams) The Commission finds that this project will have no significant environmental impact and adopts the Negative Declaration on IS-80-51. MSUC (Stevenson-Williams) Based on the findings stated in the report, the Commission recommends that the City Council approve the tentative subdivision map for Quintard, Chula Vista Tract 80-28, subject to the three conditions recommended in the staff report. 5. PUBLIC HEARING (cont.): PCA-81-3 - Consideration of amendment to the Municipal Code to require relocation assistance for tenants of residential properties bein9 converted to condominium ownership Director of Planning Peterson noted that this item was continued from the previous Commission meeting to permit time for additional study and clarification of the language in the proposed ordinance. The revised language required landlords to pay relocation assistance to tenants who elect not to purchase their unit only if the tenant was a tenant at the time of the filing of the tentative map and continued to live there until expiration of the time of first refusal to purchase; -5- November 26, 1980 that time varies, but on the average it is 16 to 18 months. It is proposed that the amount of payment shall be $500.00 or two months' rent, whichever is larger. The ordinance would also require apartment owners to notify prospective tenants after the filing of a tentative map that the units may be converted to condominiums. Mr. Peterson reported that he had met with Mr. Gene York to discuss and consider the following three changes recommended by Mr. York: 1) that the apartment owner be allowed to deduct from the relocation payment any rent owed by the tenant; 2) that the amount of relocation assistance be changed to $300, or one month's rent; 3) that the regulation not be applicable to projects which have already filed a tentative map. After full consideration of those suggestions, Mr. Peterson recommended no change in the proposed ordinance. Mr. Peterson advised that the Assistant City Attorney has suggested deleting paragraph A in the existing Code regulation as it is redundant and repeats existing State law, and the City would have to amend the ordinance whenever the States makes a change in the law. A recent change in the State law under SB 1646 extends the period of right of first refusal from 60 days to 90 days. It is therefore recommended that paragraph A be deleted. Commissioner Stevenson questioned the requirement for residency for the full time between the filing of the tentative map and the expiration of the right of first refusal, pointing out that those who found another apartment earlier should also be entitled to that benefit, and if all tenants stayed until they could receive the assistance it might result in many people seeking an apartment at the same time. Mr. Peterson affirmed that under the City of San Diego's ordinance, the payment is due five days after the tenant moves, if they were renting at the time the tentative map was filed. Commissioner G. Johnson pointed out that under that regulation the benefit might be paid and then the apartment never converted to condominium ownership. Commissioner Stevenson expressed the idea that the apartment owner might raise the rent a sufficient amount to acquire the benefit payment, or might evict tenants prior to the end of the time requirement to avoid paying them. Chairman Pressutti reopened the public hearing. Gene York, 160 Brightwood, advised that nearly all apartments are rented on a month to month basis and the landlord has the right to evict a tenant on 30 days notice; however, that is not possible if a tentative map for conversion is filed as the landlord must give all tenants first right of refusal. He pointed out that during the period of time between the filing of a tentative map and the sale of converted units, 50 per cent of the tenants may move for various reasons other than their inability or lack of desire to purchase their unit. He questioned whether the landlord should be required to subsidize their move. He noted that one of the reasons for this type of social legislation is to give assistance to people on fixed incomes and are locked in to rental housing and cannot find housing. Mr. York quoted from a publication of the San Diego Rental Owners Association the results of an annual survey of vacancies, which show the vacancy rate last year countywide was 5 per cent; this year the rate is 6.2 per cent. This has risen -6- November 26, 1980 from a low of 2.2 per cent in 1967. He asserted that the increase in rent is about 50 per cent as much as the cost of living increase and only 28 per cent of the monthly cost of purchasing a single family home. Mr. York contended that if the City must have social legislation such as this it should only provide for tenants living in the units when they were notified the project would be converted and who are still living there at the termination of the right of first refusal. He felt the suggested amount is unreasonable and should be reduced to one month's rent or $300, and also that the ordinance should contain a provision for the landlord to deduct any back rent owed by a tenant from the required payment. Steve Molski expressed the opinion the $500 assistance figure is too high, citing his own experience of moving from Imperial Beach with a rented truck and hiring two helpers. He spoke against subsidizing anyone who moves, whether it be at their own choice or for any other reason. As no one else wished to speak, the public hearing was closed. Commissioner R. Johnson pointed out that apartment owners are businessmen and he felt they should not have more restrictions than other businesses. He expressed the opinion that the 18 months required for processing a conversion is ample time for people to find a place to move, and he could not see a problem. Commissioner Stevenson felt it is a question of subsidy, and the owner will increase the price of the units to recover that money or will raise the rental rate so people are paying their own subsidy. Commissioner Pressutti pointed out that an apartment owner elects to convert and sell the units for an economic advantage, and in doing so dislocates some people who live in apartments. Commissioner G. Johnson expressed agreement with Mr. Pressutti and felt assistance should be given to people who are still living in the unit at the expiration of the right of first refusal. She felt this is necessary legislation. Commissioner Williams noted that this proposal came up because people indicated that if they were forced to move there was little choice in places to rent, but based on statistics given in this hearing that problem seems to be easing. He questioned whether some tenants should be subsidized for moving when under normal circumstances a tenant could be evicted on 30 days notice. MS (G. Johnson-Pressutti) The Commission recommends that the City Council enact the proposed amendment to the Municipal Code with the following changes: Omit paragraph A, reletter paragraph B to A and change the wording to read . . . a sum of money equivalent to one month's rent or $300, whichever is greater." and reletter paragraph C to B. The motion failed to carry by the following vote: AYES: Commissioners G. Johnson and Pressutti NOES: Commissioners Williams, R. Johnson and Stevenson ABSENT: Commissioners Smith and O'Neill The Commission offered no alternative motion for amending the code. -7- November 26, 1980 DIRECTOR'S REPORT Director of Planning Peterson reported that some Commissioners have expressed an interest in attending a short course for Planning Commissioners offered by the University of California Extension Service at Newport Beach on December 9 and 10. Since no Commissioners attended the League of California Cities conference held last month there is money in the budget that could be used for this planning session. He suggested that Commissioners interested in attending may make their own reservation if they so desire but should let the secretary know. Commissioners Stevenson and Pressutti expressed an interest in attending the course at Newport Beach. COMMISSION COMMENTS Commissioner Williams asked for a report from the Engineering Department concerning the drainage problems at Quintard and First Avenue. Senior Civil Engineer Daoust advised that he would refer this to the City Engineer for a report back to the Commission. ADJOURNMENT Chairman Pressutti adjourned the meeting at 9:12 p.m. Respectfully submitted, Helen Mapes, Secretary