HomeMy WebLinkAboutPlanning Comm min 1981/06/10 MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
June 10, 1981
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, O'Neill, Stevenson
and Williams
Commissioners absent: None
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, and was
followed by a moment of silent prayer.
APPROVAL OF MINUTES
MSUC (O'Neill-R. Johnson) The minutes of the meeting of May 27, 1981 be approved
as mailed.
ORAL COMMUNICATIONS
Commissioner Pressutti called for oral communications and none were presented.
1. PUBLIC HEARING: Conditional use permit PCC-81-13, request to locate
counseling center for south at 331 "L" Street, Our House, Inc.
Director of Planning Peterson reported that this is a proposal to locate the
counseling center for young people on the north side of "L" Street, about 250 feet
west of the driveway to the west of the shopping center that includes Long's drug
store and Von's market. The property is presently occupied by a single family
home of 2400 sq. ft. on a lot measuring 70' by 290'. There are single family
homes on both sides of the subject property on similar lots.
The Our House center, presently located on Third Avenue, employs ten people,
divided into two shifts, extending from 8:00 a.m. to 10:00 p.m., Monday throu9h
Thursday, with an added hour on Friday evening, to 11:00 p.m., and 3:00 p.m. to
11:00 p.m. on Saturday. In addition to individual and group counseling sessions
they have a drop-in center for persons between 13 and 18 years of age and average
10 to 25 people each evening. There are also classes, taught by volunteers, in
such activities as cooking and construction skills, and some academic courses
taught by professional teachers.
-2- June 10, 1981
In evaluating the proposed location, it was the conclusion of the Planning staff
that the number of young people who would be on the site at one time in this
fairly narrow lot, flanked by single family homes, would be disruptive to those
residents as well as to those people living in apartments to the north. It is
staff's belief that this is not the kind of use appropriate in the R-1 zone
unless located on a fairly large lot and in a rather remote area in relation
to other homes.
The zoning ordinance establishes certain findings which must be made to approve
a conditional use permit. One of the findings is that the proposed use is
necessary and desirable to provide a service which will contribute to the general
well being of the neighborhood or community. This use would be beneficial to
the community by assisting young people, but it would tend to be disruptive to
the nearby neighbors, so the finding can be made on community basis but not with
relation to the immediate neighborhood. A second finding required is that it
would not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity. It is anticipated that the noise and general
activity level associated with this type of use, on a narrow lot, would adversely
affect the residents of adjacent homes and could be injurious to their health,
safety and welfare. The staff was unable to make positive findings as required by
the ordinance for approval and have recommended that the application be denied.
Mr. Peterson acknowledged receipt of a letter from neighbors close to the existing
Our House locaSon expressing their support of the facility, and also the receipt
of a petition signed by 41 persons expressing opposition to location of the center
at the proposed site on the basis of noise, traffic, lack of parking area and the
fear of vandalism and lowering of property values.
Mr. Peterson displayed slides of the site, showing the existing home and the rear
yard area.
Commissioner G. Johnson asked the reason for the recommendation to take no action
on the proposed Negative Declaration on this project.
Mr. Peterson advised that he did not agree with some of the material in the
Negative Declaration and did not feel it would be appropriate for the Commission
to certify that document. If the Commission favors approving the conditional
use permit, the matter should be referred back to the staff for additional study
and review of the possible impact.
Chairman Pressutti pointed out that the focus of the Planning Commission is on
land use and should not deal with the need for the counseling of youth.
This being the time and place as advertised, the public hearing was opened.
Victoria Mohr, Fiscal Manager and Acting Executive Director of Our House, discussed
the narrative report submitted with their application that described their program
of youth counseling. She stated they have been in their present location for nine
years and have helped hundreds of youth turn their energy to positive goals.
She reported they have searched for a new location for almost two years since
learning that their present structure is to be razed or moved. It is difficult
to find a location that meets their needs as adequately as the "L" Street location
would, since it is readily accessible to public transportation. She stressed
-3- June 10, 1981
the professionalism of their administrative and counseling staff and the
supervision they maintain over the young people who use their service. Summer
school classes are provided for youth on probation in an 8:30 to 12:30 structured
classroom situation.
In response to a question from Commissioner Stevenson, she reported they have
had no break-ins or vandalism to their property since September of last year.
Commissioner Stevenson advised that in shopping at the Food Basket market on
Third Avenue he learned from some of the clerks that they have had complaints
about rocks being thrown from the Our House yard at cars in the market's parking
lot.
In response to a question from Commissioner G. Johnson with regard to locating
in a commercial area, Ms. Mohr advised they had looked but could not find a
location that would be conducive to a home like atmosphere which they feel is
necessary for their program.
Peter Desser, 327 "L" Street, residing in the house directly east of the proposed
site, reported that he had visited Our House and was not favorably impressed with
their operation. He described the interior of the house as filthy. He contended
that many statements contained in a letter written to Mayor Hyde by Our House
representatives were untruthful. He contended their use is not appropriate in
the "L" Street location.
Steve Madden, store manager of Long's drug store, expressed apprehension that
there would be a problem with the parking as their clients would probably park in
the shopping center lot which is small for their own needs. He also anticipated a
problem regarding security as he had talked to the people at Food Basket who advised
of a problem, not only with the rock throwing, but also with shop lifting. He
reported they already have problems with the kids coming in from Southwood Mental
Health Center up the street. He felt Our House would create more problems for
the shopping center.
Gerald R. Lalande, co-owner of the property to the west of the subject property,
asked the Commissioners to consider whether they would want Our House moving next
door to their residence.
Delbert Walden, 373 "L" Street, elaborated on the traffic in the area, particularly
with regard to the church and private school across the street, which is served
by a single driveway. He had observed the problem faced by parents picking up
their children and attempting to get back on to "L" Street. He also noted the
location of the Girls' Club across the street, which has continuous activities
for very young people. The playground at Lillian Rice School is used for Little
League activities. With these varied activities, the shopping center, and the
location of the high school a short distance away, the traffic pattern is extremely
hazardous.
Mr. Walden read a letter addressed to himself from a lady residing directly
behind the present Our House located, dated June 10, 1981, in which she enumerated
problems of noise from loud music and loud talking late at night. The letter
concluded by recommending against the location of Our House in an R-1 neighborhood,
and was signed by Mrs. D. R. Williams, 665 Landis Avenue.
Mr. Walden pointed out that teenagers often do not go home when an activity they
have been attending is closed, but tend to congregate in parking lots. He expressed
-4- June 10, 1981
concern over the conflict of noise when church activities are held across the
street, or at the Girls Club. He contended this is not a suitable location for
the type of youth counseling conducted by Our House.
Andy Cassado, 1640 Maple Drive, president of the board of directors of Our House,
expressed his concern for the needs of the young people in this community. He has
evidenced a great deal of noise from other activities in that area during the
late afternoon and evening and felt Our House would not contribute much to the
noise that already occurs.
With regard to traffic or parking problems, he reported that most of the kids who
go to Our House do not have cars; they arrive by bus or by walking. He indicated
that many of the people they serve attend Chula Vista High School, so they are
already in the area.
He expressed the opinion the staff of Our House is competent and professional
and serve young people who need help.
As no one else wished to speak, the public hearing was closed.
Commissioner R. Johnson advised that since he resides in this area he would
abstain from voting on the request.
MSUC (Stevenson-Williams) No action is taken on the proposed Negative Declaration.
Commissioner R. Johnson abstained from voting.
Commissioner O'Neill expressed the opinion that Our House is a much needed
community service but its location in an R-1 zone is inappropriate.
Commissioner Stevenson expressed strong opposition to having such a facility in
a residential area and particularly to having it relatively close to a grade school.
MSUC (Stevenson-O'Neill) The conditional use permit application for Our House
to locate at 331 "L" Street is denied based on the findings stated in the staff
report. Commissioner R. Johnson abstained.
Chairman Pressutti advised the applicant of their right to appeal this decision
to the City Council within ten days.
2. PUBLIC HEARING: Conditional use permit PCC-81-14, request to construct
multi-purpose recreational facility at 900 block of
Buena Vista WaS - Bonita Valley Girls Softball Assn.
Principal Planner Lee reported that when the development plan of E1 Rancho del
Rey was approved for this area several years ago, there was a 10 acre school site
reserved on Buena Vista Way. The school district has not used the site and have
indicated they are at least three years away from such use.
The Bonita Valley Girls Softball Association has proposed to develop the westerly
half of the school site into a sport complex to accommodate three soccer fields
or four softball diamonds during different months of the year. The area will be
graded and backstops installed. A small storage shed and portable toilets will be
-5- June 10, 1981
installed. The easterly portion of the lot, adjacent to Buena Vista Way, will be
used for parking and a fence will be installed to define the parking area and
prevent vehicles from entering on to the playing fields. The parking area will
be surfaced with decomposed granite and an oil base to minimize dust spreading to
the adjacent homes. The parking area will accommodate 75 cars.
It is proposed that the playing field will be used from 5:00 to 7:00 p.m., Monday
through Friday, and on Saturday from 8:00 a.m. to 4:00 p.m.
While membership in the association is open to the entire South Bay area, most
of the girls participating come from the Bonita/Sunnyside and East Chula Vista
area.
Mr. Lee displayed slides of the various portions of the 10 acres, noting the
relationship of the lot to the surrounding residential uses and to the two park
areas. The staff has recommended approval of the request, but suggest that the
Planning Commission give careful consideration to all testimony to be presented
during the public hearing.
Mr. Lee reviewed the eight conditions recommended in conjunction with approval of
the application, which relate to maintenance of the area, location of backstops,
preparation of the parking area and provision for review of the use after one
year of operation. He also acknowledged the receipt of a petition signed by 304
people representing 118 households in the area and displayed a map which indicated
the lots of the petition signers.
This being the time and place as advertised, the public hearing was opened.
Mr. Tom Holwachs, 1349 Cerritos Court, players' representative for Bonita Valley
Girls Softball Association, advised that there are currently 237 girls participating
in the association and there has been no growth in the past three years so it is
a fairly stable organization. The girls range from 8 to 17 years of age with the
vast majority 11 to 13. They come from 196 families, and 48% of the families
live in the Sundance, College Estates and Encore homes; 14% live in the Bonita/
Sunnyside area.
With regard to parking requirements, Mr. Holwachs advised they had taken a count
of vehicles on Saturdays where games are presently played and found an average
of 33 vehicles and a peak number of 58; the average on week day afternoons was
38 with a peak of 44.
He indicated they may wish to substitute a pole and chain in place of the chainlink
fence to separate the parking area from the playing area. There will be a limited
length of chalnlink fence at the southwest corner to stop balls from going down
into the canyon.
Mr. Holwachs spoke of the tournaments the league has entered in the past with good
results. Their organization has been advised that the Bonita Vista Junior High
grounds will not be available to them in future years due to grassing of the area.
He pointed out that if this property were developed as a school the softball associa-
tion would be playing games there now. He felt it would be beneficial to clear
the weeds and use the site rather than leaving it in the present condition.
-6- June 10, 1981
In response to a question from Commissioner G. Johnson, Mr. Holwachs advised they
have no plans now for holding tournament games at this location. He also reported
that the association has a committee that is responsible for cleaning up debris and
litter.
A1 Katz, 1386 Don Carlos Court, contended that the proposed use is in conflict with
the plan approved for the original planned community development. The original
plan, among other things, included the recreational needs of the area and in
connection with those needs, the developer had to consider buffering, landscaping,
off-street parking and vehicle circulation.
Mr. Katz objected to the statement that the project will have no environmental
impact. He felt the environmental study should discuss noise levels. While the
request indicates a time span on week days from 5:00 to 7:00 p.m., he contended
that preparation time and lingering after the games would extend the time of the
noise impact on the neighbors. He asserted that the playing fields would have
a detrimental effect on air quality since the play is not on a turfed surface and
the field becomes dusty. He also objected to the use of portable toilets.
Mr. Katz discussed the present volume of traffic on Buena Vista Way, particularly
during the peak hours of 5:00 to 7:00 p.m. when college classes are beginning.
He concluded that the proposed use would be in conflict with the residential
character of this area and would not serve the same kind of social and educational
benefit that would be provided by an elementary school as originally planned for
this site.
Vince Cook, 867 Misty Meadows Court, contended that if a school were constructed
on the site, there would be more supervision of activities than with the proposed
use. He suggested that other facilities are available and this area should not
be required to furnish a playing field for people outside of the area with the
increased traffic such use would generate. He asked all people in the audience who
are opposed to this project to stand. Approximately 30 people rose.
Kathleen Simonds, 1361 Cerritos Court, spoke of her experience in physical education
and coaching girls teams. She supported sports programs in general but asserted
this is not the proper location for such activity.
Dr. Paul McGreevy, 937 Buena Vista Way, stressed that one of the reasons to deny
this request is the factor of control; and if the site were an elementary school
there would be supervision whenever the property was being used. He was especially
concerned that there would be no control over the use of the site when the softball
association was not using it. He also stressed the heavy traffic on Buena Vista
Way and amount of parking on both sides of the street which adds to the hazardous
condition of traffic.
Glenn Deacon, 1378 Don Carlos Court, reiterated concerns over air quality and
noise levels.
Arnold Bickman, 1379 Los Coches Court, reported that following the use of the
fields at Southwestern College he had observed a large amount of trash--cans and
bottles--and he felt maintenance would be a problem. He also contended that three
soccer fields would result in a large number of cars coming into the area.
-7- June 10, 1981
John Purvis, 807 Auburn Avenue, advised that his lot backs up to the Tiffany
School ground and it is noisy when the children are out playing, but he expected
that. He reported that school ground accommodates up to four soccer teams between
4:00 and 8:00 p.m. during soccer season. The school also has two softball diamonds
that are in use from 4:00 to 7:30 every evening. He pointed out that the supervision
during lunch hour at the school consists of two aids, and if there is any supervision
after school it is one person from the Parks and Recreation Department with up to
50 children playing on the grounds. He also advised there is no landscaping along
the fence line to absorb noise.
Ron Pietila, 985 Valencia Court, asserted that the opponents speak of this as a
major stadium, whereas the proposal is only for some backstops and grass to provide
an area for children to participate in athletic activities. He pointed out that
the Bonita/Sunnyside and the East Chula Vista is doing a marvelous job and he felt
it is time for this area to provide a place so the children do not have to be driven
down to the valley for such activity. As the Director of Player Personnel in the
American Youth Soccer Association, he reported that 990 girls have signed up with
that association with 760 of them in the elementary school ages. He enumerated
the various school sites at which the soccer teams play, and in response to a
question from Commissioner G. Johnson, he advised that the Optimist Club does not
have a facility ready. He also affirmed that the association does not have the
money to light the field so there would be no play after dark, and that in the
softball association there is a time limit of 1 hour, 45 minutes, and no inning
can be started after that length of time.
The meeting recessed at 9:I0 p.m. and was reconvened at 9:15 p.m.
Dr. Myron Faber, a resident one-half mile from the site, advised he is a pediatrician
in the U. S. Navy working in adolescent medicine, and addressed the issues of
health and safety. He pointed out that accidents occur according to the number of
cars. He noted that this location is on a smaller street than the one serving
Bonita Vista High School and Junior High and that it is already overused and further
narrowed by parking on each side. Any use that adds to the number of cars will
result in an increase in accidents. He further contended that more people coming
into an area, who do not live there, results in an increase in crime. He suggested
that when the softball association is not using the field it would be a natural
collecting ground for adults to play ball and that would increase the impact on
the area.
Ken Barnett, 1381 Valencia Loop, expressed his desire to answer some of the exaggera-
tions about the scope of this use. He stated it is merely grassing in some useless
area and providing backstops to create an area for people to play. He contended
that most of the traffic problems result from students going to Southwestern College
and Bonita Vista High School~ after "H" Street is opened that problem on Buena Vista
Way would be alleviated. He pointed out that an elementary school on the site
would increase traffic not only in the day time but also for evening activities.
He contended that the existing parks in the neighborhood with the barbeque
facilities and tennis courts have made the neighborhood a more desirable place
and he did not believe such facilities increase crime and vandalism.
Mr. Barnett expressed the belief that this facility, which has been in the planning
for a long time, would be an ideal accommodation of using private and public interest
to provide additional recreational facilities, which are sorely needed, at no
additional cost to the taxpayer. He urged approval of the request.
-8- June 10, 1981
In response to a request from Chairman Pressutti, Mr. Pietila reviewed the layout
of the soccer fields and the number of children who would be playing. He advised
that the national headquarters of AYSO requires that teams be formed by geographic
areas so that children practice and play in the vicinity of their homes.
Keith Forbes, 1394 Valencia Loop, expressed his concern over the lack of control
and liability for the site when not in use by the association. He suggested that
with the opening of "H" Street more people would come in to share this recreational
space.
Pauline Brown, 1365 Cerritos Court, advised that her lot abuts the parking area,
and she objected to looking at a chainlink fence across the property, also to the
use of portable toilets, which she felt would be unsafe as well as very offensive.
Chris Christensen, 987 Buena Vista Way, submitted an additional petition containing
30 signatures of persons opposed to this proposal. He asserted that a major sports
complex should not be placed in the center of a residential area and the Optimist
field in the flood plain is where such activities belong. They have enough space
and could be ready for use in a short time. He contended that a small residential
community should not be asked to accept the responsibility of providing a major
sports facility for a large metropolitan area.
Mr. Christensen pointed out that the traffic to and from the field would be far
greater than indicated by the number of cars parked at a playing field during a
game, since many parents drop their children off and then return to pick them
up after a game. He also asserted that the decomposed granite would not provide
a suitable surface for the parking area, since no one would see that it was kept
oiled after the original application; crushed granite breaks down very rapidly
and creates dust worse than the original soil; and after the first winter rain
the crushed granite will go down about six inches, and what doesn't sink down
will be scattered about two blocks up and down Buena Vista Way.
He also expressed concern over the element of crime and vandalism that would move
in, using the activity on the ball fields--noise, traffic, etc.--as a cover. He
indicated there are illicit activities on the vacant lot now and this would be
increased. He reported that the police will do nothing to stop traffic on the
lot unles~ it is posted as private property, and although such signs have been
put up, they are torn down in about two weeks. He contended even a chainlink
fence would not stop vehicular traffic as vehicles now use the bicycle paths.
Ruth Young, 1353 Cerritos Court, commented on the funds necessary to build this
facility and submitted for the records a copy of a letter from the softball
association asking the parents to donate not less than $5.00 to help with the
cost of installing paving, fencing and for electrical service.
Martha McGreevy, 947 Buena Vista Way, referred to a copy of a grant deed from
E1 Rancho del Rey to the Chula Vista School District when the district paid
$140,000 for this land in 1972. She also made reference to the subdivision map
act that provides that a city or county may adopt an ordinance requiring a
subdivider who develops to provide land to a school district upon which an
elementary school would be built. It is a further provision of the law that the
subdivider who dedicates the site may repurchase it if it is not used by the
district as a school site within ten years. She pointed out that ten years from
the date of the grant deed would be 1982.
-9- June 10, 1981
Assistant City Attorney Harron examined the deed and advised that the provision
for repurchase after ten years would not apply since the site was not dedicated
by the developer but was purchased by the district, who may therefore retain it
as long as they wish whether it is developed or not.
Gilbert Garcia, 1626 Mills Street, President of the Bonita Valley Girls Softball
Association, addressed the poor condition of the playing field at Bonita Vista
Junior High which has become unsuitable for play and is being replaced with grass.
The association has looked throughout the coamunity for an area that could be used
for softball and feel this site is the most suitable for girls in this area. He
reported that the association pays to play at Southwestern College and after every
game the clean-up committee must police the entire area; a visiting team polices
their bench and the immediate vicinity. With regard to traffic and transportation
he pointed out that many of the girls come in car pools.
Martha McGreevy asked if it would be possible to get a continuance on this hearing.
As no one else wished to speak, the public hearing was closed.
In discussing the matter, the Commission voiced the opinion that due to the amount
of testimony presented and the conflicting statements regarding the scope of the
proposal, that it would be advisable to continue so that staff could evaluate the
testimony offered. It was suggested that the Traffic Engineer be requested to
look at the area from a traffic safety standpoint, and also to give further
consideration to the appropriate method of keeping down the dust in the parking
area due to the concern voiced that decomposed granite would not hold up to provide
a firm or dust free surface.
MSUC (G. Johnson-Stevenson) The public hearing on this item be continued to the
meeting of July 22, 1981.
Chairman Pressutti declared the public hearing reopened and continued to July 22nd.
3. PUBLIC HEARING: PCA-81-8, consideration of amendment to Municipal Code
covering regulation of adult recreation facilities
Director of Planning Peterson reported that several years ago the City adopted an
ordinance to limit the location in which adult oriented recreation uses could be
established to the C-T zone, at least 500 feet from residentially zoned property,
500 feet from schools, churches or playgrounds, and 1,000 feet from one another.
None of those restrictions would be changed by the proposed amendment, but the
change being proposed relates to an additional requirement for a conditional use
permit for those uses and the specific findings that must be made in order to
approve a use permit. Many people are unable to make the findings in order to
approve a conditional use permit for such a use in any location. The courts have
recognized that and determined that the requirement for a conditional use permit
for such uses violates a persons rights under the First Amendment to the
Constitution. The Commission is therefore asked to recommend to the Council that
the section requiring a conditional use permit be deleted so those uses would be
allowed as a matter of right if they meet the criteria as to location as mentioned.
This being the time and place as advertised, the public hearing was opened. As no
one wished to speak, the public hearing was closed.
-10- June 10, 1981
Commissioner Williams asked in the event this change goes into effect, could such
a use come into the city without a public hearing. It was affirmed that a public
hearing is not required for a permitted use.
The Commission expressed concern over this and discussed methods of further
tightening the ordinance. Messrs Peterson and Harron advised the Commission
that staff's recommendation goes only as far as it has to in order to survive a
court test. Even though no conditional use permit will be required under the
recommended modification, the Commission should recognize that there are very few
locations in the C-T zone that could meet the criteria for distance separation from
the residential zone and from other public uses as specified.
MS (O'Neill-R. Johnson) The Commission recommends that the City Council adopt
the proposed amendment covering regulation of adult recreation facilities.
The motion carried by the following vote:
AYES: Commissioners O'Neill, R. Johnson, G. Johnson, Pressutti and Stevenson
NAY: Commissioner Williams
ABSENT: None
DIRECTOR'S REPORT
Director of Planning Peterson reported that the City Council has not yet appointed
a member to fill the vacancy on the Commission, but they have scheduled a meeting
on Thursday of this week to consider the applicants they have interviewed.
He also reported that the study session next week, June 17, will begin at 5:00 p.m.
and adjourn for dinner at 7:00 p.m. He was open to suggestions of any items the
Commission particularly wants to discuss at the study session.
COMMISSION COMMENTS
Commissioner G. Johnson thanked the Director for the recent information on nursery
schools and elementary schools and asked if similar information could be provided
on junior and senior high schools. She also asked for a report on multiple family
parking that was recently considered by the City Council.
Commissioner Stevenson advised that he had recently served on jury duty in San Diego
and noticed that one of the types of business that seems to flourish in the vicinity
of the court house is bail bondsmen, which have very garish signs. He asked if
our ordinance could control such signs when the new court house is opened on "H"
Street.
Mr. Peterson pointed out that sign regulations cannot be aimed at any one particular
business, but must be uniform throughout a zone.
ADJOURNMENT
Commissioner Pressutti adjourned the meeting at 10:35 p.m. to the study session
on June 17, 1981 and the next regular business meeting on June 24, 1981.
Respectfully submitted,
Helen Mapes
Secretary