Loading...
HomeMy WebLinkAboutPlanning Comm min 1981/07/22 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA July 22, 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, Green, O'Neill, Stevenson and Williams Commissioners absent: R. Johnson Staff present: Director of Planning Peterson 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 (Stevenson-O'Neill) The minutes of the meeting of July 8, 1981 be approved as mailed. ORAL COMMUNICATIONS Chairman Pressutti called for oral communications and none were presented. Chairman Pressutti announced that he has been advised of a request for a continuance of agenda item 2, and if there is no objection from the audience or from the Commission members that item could be considered first. No objection was raised. 2. PUBLIC HEARING (cont.): Conditional use permit PCC-81-14, request to construct multi-purpose recreational facility at 90u block Buena Vista Way - Bonita Valley Girls Softball Assn. Director of Planning Peterson noted that this public hearing was opened on June lOth and considerable testimony presented, both for and against the request. The hearing was then continued to this meeting to allow time for the staff to evaluate the testimony and further review the scope of the proposed activity. After the report for this meeting was distributed, representatives of the school district and the applicant requested a further continuance of the hearing to August 26, so they may meet with the residents of the area and attempt to work out an acceptable proposal. Chairman Pressutti reopened the public hearing. -2- July 22, 1981 Dick Brown, representing the Gersten Company, reported that this property was gained by the school district by dedication as a requirement of the development of El Rancho del Rey Unit 1, and under the terms of the law the Gersten Company has the right to repurchase the property if a school is not constructed within ten years. As the ten years will expire in August, 1982, it is the company's intent to purchase the property at that time and they would question the feasibility of establishing a playing field on the site for such a short time. Director of Planning Peterson advised that he has discussed this situation with the Assistant City Attorney and it is unclear in the law with regard to the kind of purchase agreement between the developer and the school district on this particular site as to whether the Gersten Company will have the right to repurchase the land at the end of ten years. MSUC (G. Johnson-O'Neill) The public hearing to consider conditional use permit application PCC-81-14 shall be continued to the meeting of August 26, 1981. 1. PUBLIC HEARING: Conditional use permit application PCC-81-18 to operate a used car sales lot at 696 Broadway in the C-T zone - E. A. Vargas and L. M. Barrera Director of Planning Peterson reported that this is a former service station site which was converted to a used car lot several months ago without authoriza- tion by the City. The property is zoned C-T and a conditional use permit is required for a used car sales lot. The operator of the business was advised of the need to file a conditional use permit application, and since there was considerable delay by the operator in making such application or in removing the unused gasoline storage tanks as required by the State Fire Code, the matter was turned over to the City Attorney who took the case to court. The court determined the business was illegal without the required permit and ordered that the site be vacated, which has been done. The applicant has now filed the application in order to resume business at this site. Mr. Peterson pointed out that Broadway is characterized by a number of used car dealers and new car dealers. He also noted that a zoning wall was constructed to separate this site from the adjacent residential use when the service station was in operation. Since a used car lot would not generate as much traffic as a service station, it is recommended that the application be approved subject to a number of conditions to enhance the appearance of the site and bring it into conformance with applicable codes. This being the time and place as advertised, the public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Green questioned the cost of complying with the numerous conditions stipulated and whether it is equitable to place that type of burden on a used car business which is just getting started. Mr. Peterson advised that the conditions relating to the remodeling of the structure reflect the proposal submitted by the applicant and the conditions -3- July 22, 1981 relating to removal of the gasoline tank and pumps and the illegal signs, as well as the installation of landscaping, are a normal requirement for meeting the state code and city ordinances. The Commission questioned the need for removal of the gas tank and Mr. Peterson explained that it is a requirement of the Fire Safety Code for such tanks to be removed if they are not used for a specified period of time, and that the City's Fire Marshal had ordered the removal of the tank at this site in accordance with that code. Commissioner O'Neill stated that he had reservations about approving this application due to the reluctance in the past of the operator of the business to comply with State and City regulations. He expressed concern that it may be difficult to secure compliance with the stipulated conditions. Noting an interested person in the audience, Chairman Pressutti reopened the public hearing. Sun Woo, 625 J Street, advised that his residential lot is adjacent to the back of this commercial property. He reported that the concrete wall has been damaged by cars during the operation of the business, and also that during the rainy season the runoff water does not go into the street but flows down the sidewalk. Commissioner Stevenson asked if it would be appropriate to require that plans for the remodeling be submitted to the Design Review Committee. Mr. Peterson concurred and suggested that condition "g" be modified to require approval by the Design Review Committee instead of the Zoning Administrator. Mrs. Barrera, the applicant for the conditional use permit, arrived at the meeting late and at the request of the Chairman she addressed the Commission through a translator since she did not speak English. She indicated her agreement with all of the conditions with the exception of condition "d" relating to the removal of the sign for the Interstate Transmission business located on the adjacent lot. That condition was further discussed and Mr. Peterson indicated that only the illegal "A" frame or painted signs that have been placed on the site of the car sales lot would be subject to removal. It would not affect the freestanding sign in front of the Interstate Transmission business. He pointed out, however, that the property on which the transmission business is located may not have sufficient frontage to qualify for a freestanding sign, and suggested that he would make a complete review of all signs and pursue any violations. Commissioner O'Neill again expressed concern over compliance with the stipulated conditions without further litigation, if this request is approved. Commissioner G. Johnson pointed out that the role of the Planning Co~ission is not to make judgment on what has been done previously, but to determine whether this is an appropriate usein this location and to establish conditions to upgrade the site in accordance with City regulations. With regard to the complaint concerning runoff water, Mr. Peterson advised that he would ask the Engineering Department to review the drainage of the site, and this does not need to be a condition of approval. -4- July 22, 1981 As no one else wished to speak, the public hearing was closed. MSUC (Stevenson-G. Johnson) The Commission finds that this project will have no significant environmental impact and adopts the Negative Declaration on IS-81-53. MS (Stevenson-G. Johnson) Based on the findings stated in the report, the Commission approves conditional use permit application PCC-81-18 to establish a used car lot at 696 Broadway, subject to the eight conditions stated in the report with the modification of condition "d" modified to relate only to signs on the site of the used car lot and condition "g" being altered to substitute approval by the Design Review Committee instead of the Zoning Administrator. The motion carried by the following vote: AYES: Commissioners Stevenson, G. Johnson, Pressutti, Green and Williams Nay: Commissioner O'Neill ABSENT: Commissioner R. Johnson MS (G. Johnson-Williams) The Commission asks that the Engineering Department investigate drainage problems at this site and initiate action for improvement if necessary. The motion carried by the following vote: AYES: Commissioners G. Johnson, Williams, Pressutti, O'Neill and Stevenson NAY: Commissioner Green ABSENT: Commissioner R. Johnson DIRECTOR'S REPORT Director of Planning Peterson reported that Commissioners O'Neill and R. Johnson have been appointed by the City Council to serve another four year term. Mr. Peterson also reported that the City, together with the Chamber of Commerce, annually sponsors City Beautification Awards. In the past the Planning Commission has had a member on the committee that reviews the site eligible for award under the various categories and selects the winners. The committee is presently being formed for this year's awards and if a member from the Planning Commission to serve on the committee this year can be selected at this meeting it would be helpful. Commissioners O'Neill and Green expressed their interest and willingness to serve in that capacity. As only one member of the Planning Commission can be named to the Committee, Chairman Pressutti appointed Commissioner O'Neill to serve on the City Beautification Awards Committee for this year. COMMISSION COMMENTS Commissioner G. Johnson advised that she will be on vacation during the month of August and asked to be excused from attending the three meetings scheduled in August. Commissioner Stevenson recalled that 12 or 14 years ago the City of Chula Vista adopted a billboard ordinance. He further noted that there has recently been a great deal of action being taken, particularly in San Diego, with regard to billboards. He asked if Chula Vista has been looking into this. -5- July 22, 1981 Mr. Peterson reported that the City Council has requested the City Attorney to present a report following the Redevelopment Agency meeting scheduled for Thursday night of this week as to whether there are existing billboards which have fulfilled their life expectancy under the terms of Chula Vista's ordinance and can be summarily abated. He also believes the Council is contemplating a temporary ordinance to not allow additional billboards until the City can study the recent Supreme Court decision. Commissioner Stevenson also commented on the Council's interest in a redevelopment district along Broadway. He felt an attempt should be made to get deeper commercial lots along Broadway to allow for improved development. Mr. Stevenson also commented on the condition of the property at the junction of Bonita Road and 1-805 where an older residential structure is surrounded by numerous cars. Mr. Peterson advised that this has been referred to the Zoning Enforcement Officer to have the condition abated. ADJOURNMENT Chairman Pressutti adjourned the meeting at 8:00 p.m. to the next regular business meeting to be held on August 12, 1981. Respectfully submitted, Helen Mapes, Secret y