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HomeMy WebLinkAboutPlanning Comm min 1982/02/10 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA February 10, 1982 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 Council Chambers, Public Services Building, 276 Fourth Avenue. Commissioners Present: Pressutti, R. Johnson, Green, G. Johnson, O'Neill, Stevenson and Williams Staff Present: Director of Planning Peterson, Principal Planner Lee, 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 (Stevenson-R. Johnson) The minutes of the meetings of January 13, 1982 and January 27, 1982 be approved as written. ORAL COMMUNICATIONS Chairman Pressutti asked for oral communications and none were presented. 1. Consideration of request for extension of tentative subdivision map for Chula Vista Tract 80-14~ Bonita Hills, 1400 Rid§eback Road Director of Planning Peterson advised that this tentative map, which was approved in August, 1980, authorizes the conversion of a 94 unit apartment complex to condominiums. A final map has not been filed. Conditions have not changed in the area and the basis for the original approval is valid. It is recommended that the tentative map be extended for one year, to February 5, 1983. MS (R. Johnson-Stevenson) The tentative subdivision map for Chula Vista Tract 80-14, Bonita Hills, be extended for one year. The motion carried, 6-1, with Commissioner O'Neill voting "no." 2. Consideration of request for extension of tentative subdivision map for Chula Vista Tract 80-31~ Gateway Townhouses~ 100 block of East Flower Street Director of Planning Peterson reported that this tentative map, approved in September, 1980, is for the development of a new 205 unit townhouse condominium project. Due to economic constraints the developer has not filed a final map and a one year extension is requested. It is recommended that the tentative map be extended for one year, to March 23, 1983. -2- February 10, 1982 MSUC (Stevenson-O'Neill) The tentative subdivision map for Chula Vista Tract 80-31, Gateway Townhouses, be extended for one year, to expire on March 23, 1983. 3. PUBLIC HEARING: PCZ-82-3~ adjustment of zone boundary line between R-3-P-12 and C-N districts at the northeast corner of Nacion and Teleqraph Canyon Road - Dale Buildinq Co. Principal Planner Lee reported that approximately 15 years ago a commercial zoning district was established on the north side of Telegraph Canyon Road at Nacion. The 2 acre site was divided into three parcels. The owner of the most westerly parcel also owns the R-3 zoned property to the north of this site. The Planning Commission recently approved a tentative map for a 90 unit condominium project on that land in which one of the conditions required an adjustment to the zone boundary line between C-N and R-3 districts. The area involved is an improved drainage channel that separates the commercial area and the residential development; the west end of the channel is covered. The zone boundary line, if approved as requested, would coincide with the boundary of Lot I and would allow some flexibility in developing the commercial area. The area over the drainage channel could be used for parking but not for the construction of a building. Since that area was not included in the development plans for the residential project, it is recommended that the zone boundary adjustment be approved. In response to a question from the Commission, Mr. Lee affirmed that a zoning wall would be required between the C-N district and the residential development. This being the time and place as advertised, the public hearing was opened. Dick Brown, 1050 Pioneer Way, E1 Cajon, representing the Gersten Company, expressed agreement with the staff recommendation. He advised that the owner does not have plans for the development of the commercial lot at this time. As no one else wished to speak, the public hearing was closed. MSUC (G. Johnson-O'Neill) The Commission recommends that the City Council approve the zone boundary adjustment between the C-N and R-3-P-12 districts at the northeast corner of Telegraph Canyon Road and Nacion Avenue as requested. 4. PUBLIC HEARING: Conditional use permit PCC-82-12~ request to operate gamin§ center (card games) at 4088 Bonita Road - Xanadu Clubs, Inc. Director of Planning Peterson reported that this application is a proposal to establish a gaming parlor for ladies and escorted gentlemen in the Bonita Village Center. It would be located at the west end of the new portion of the center, behind the San Diego Trust and Savings Bank. The establishment of card rooms in the C-T and C-C zones is allowed subject to a conditional use permit. In addition to being regulated by the zoning ordinance, card rooms are regulated by other sections of the municipal code which are administered by the Police Department. Among other things, those regulations limit the number of card rooms in the city to one for each 25,000 population or fraction thereof. At the present time four card rooms may be allowed in the city. The Planning Director -3- February 10, 1982 indicated that while it might seem unique to have a card room located in a typical shopping center the application indicates the intent of the applicant to cater to a different clientele than other card rooms in the city. It would appeal to persons who might be reluctant to patronize a card room located on Broadway in the vicinity of a number of bars. The Police Department was contacted concerning any problems typically associated with card rooms. It was affirmed that such facilities do not have a reputation for any undesirable activities, but tend to be quiet and businesslike operations. On that basis it is felt that a card room at this location would not be a nuisance, and approval is recommended. Due to the receipt of several letters of opposition, it is recommended that approval be subject to a review after six months of operation. At that time if major problems have been experienced, additional conditions could be attached or, if serious problems were evident, it would be a basis to terminate the use permit. Mr. Peterson advised that nine letters have been received expressing opposition to this application. The letters contend such a facility would be out of character with the Bonita community, other locations are available in Chula Vista, and general opposition to gambling in the Bonita community. No letters were received supporting the application, except for the applicant's submission. In response to a question from Commissioner Stevenson, Mr. Peterson related that in the City Attorney's opinion if the applicant agrees to a restraint on the amount of betting stakes, that could be included as a limitation to the conditional use permit and any subsequent change in the operation would be a violation of the use permit. However, if the applicant does not agree to such a limitation, the operation would be subject only to the normal regulations that apply to all card rooms. This being the time and place as advertised, the public hearing was opened. Jo Horning, 448 Del Mar Court, President and Chief Executive Officer of Xanadu Clubs, Inc., asserted that she is offering a new concept in a new type of enterprise--a ladies gaming parlor, which will be a place for ladies to risk small sums in card games as allowed by current city ordinance. She indicated she is asking permission to locate in the Bonita Village Center because she believes this location will allow the best opportunity to prove the viability of this new concept. Since she will be looking for completely different customers than normally visit card game rooms, she must offer something completely different in color, decor, and location. She stressed that the establishment would be tastefully furnished and well run. She concurred with the staff recommendation for review of the operation after six months. Muriel Watson, 3120 Anderson Street, Bonita, advised that she is appearing at the request of many ladies of Sweetwater Valley who are concerned about the use of this location as a card room. She expressed the strong feeling that such a use is not appropriate in the Valley and that there are other types of recreation and entertainment available in the area to serve its residents. She also expressed concern about the added traffic, on an already heavily travelled street, which the number of patrons could serve would create. She felt the hours were inappropriate due to the number of young people in the -4- February 10, 1982 area and the close proximity of the elementary school. She asserted that Bonita is a suburban bedroom community that takes a great deal of pride in the community life and urged that the Commission look strongly at their point of view and suggest that another location be required. Mildred Parham, 4130 Acacia, questioned whether a card room would be approved in the Chula Vista Shopping Center and asked that the Commission give Bonita the same consideration. Ann Erebout, 4324 Grace Road, expressed surprise that with only four card room licenses allowed in Chula Vista, that one would be located out in Bonita. She felt it should be in a more central location to the residents of Chula Vista. As no one else wished to speak, the public hearing was closed. In response to a question from Commissioner Williams, Mr. Peterson advised that the code requirements governing the operation of card rooms are enforced by the Police Department, who would respond to any complaints concerning problems arising from the operation and who also visit the cardsrooms on an unscheduled basis. Commissioners Stevenson and Green expressed support for the proposed location based on the fact there is ample parking and it is set back from the public street. They also supported the idea of limiting the amount of bets that can be placed on a game. MSUC (Green-R. Johnson) The Commission finds that this project will have no significant environmental impacts and adopts the Negative Declaration issued on IS-82-21. MS (Green-R. Johnson) Based on the findings stated in the staff report, the Planning Commission approves the conditional use permit PCC-82-12 to establish a ladies gaming parlor at 4088 Bonita Road, subject to the condition that the conditional use permit will be reviewed by the Planning Commission after six months of operation and to the condition that the applicant shall enter into an agreement with the City on a limitation of the amount of bets prior to the issuance of a license. The motion carried by a vote of 6-1 with Commissioner G. Johnson voting "no." 5. PUBLIC HEARING: Tentative subdivision map for Chula Vista Tract 82-10, Villa Contessas, 241 "H" Street - Jeanne Campbell Principal Planner Lee reported that the site of this project is a parcel just over 1/2 acre in size located on the north side of "H" Street in an R-3 zone. The proposal is for a single three story structure to contain 18 condominium units which would be located in the rear portion of the lot. It also includes two garage structures located near the front of the lot which would accommodate eleven parking spaces. In addition 19 open parking spaces would be screened from the street by the garage structures. Slides were displayed showing the site plan and exterior elevations of the buildings, which have been approved by the Design Review Committee. -5- February 10, 1982 Mr. Lee called attention to the conditions recommended for inclusion in the approval of the tentative map. In response to a question from Commission G. Johnson, Mr. Lee affirmed that the three story building will observe a 10 foot setback from the side property lines and from the rear property line. The rear yard setback was reduced from 15 feet as normally required by the approval of a variance application by the Zoning Administrator. This being the time and place as advertised, the public hearing was opened. James Brennan, representing the applicant, affirmed that Mrs. Campbell is the owner and that she plans to build the project and rent the units as apartments for five years before selling them as condominiums. He also affirmed it is her intention to meet the conditions required on the tentative map and to file a final map to divide the property into air space condominium units. As no one else wished to speak, the public hearing was closed. MS (R. Johnson-Stevenson) The Commission finds that this project will have no significant environmental impact and adopts the Negative Declaration issued on IS-81-7. The motion carried by a vote of 6-1 with Commissioner G. Johnson voting MS (R. Johnson-Stevenson) Based on the findings stated in the report, the Commission recommends that the City Council approve the tentative subdivision map for Villa Contessas, Chula Vista Tract 82-10, subject to the conditions listed in the report. The motion carried by a vote of 6-1 with Commissioner G. Johnson voting "no." Commissioner G. Johnson advised that her negative vote on the project was based on her feeling that the variance allowed for the rear setback is negative to this project. DIRECTOR'S REPORT Director of Plannin9 Peterson called attention to the proposed calendar of meetings for the month of March which called for a public hearing on the EastLake General Plan Amendment and prezoning to P-C on March 3rd, with regular business meetings scheduled for March 17 and 31. The Commission concurred with the schedule of meetings. Mr. Peterson reminded the Commission of the study session to be held on February 17 to include dinner. On the agenda for discussion will be the Affordable Housing Policy. COMMISSION COMMENTS Commissioner Stevenson advised that he would like to hear a briefing by the Contract Planner on the status of the General Plan. Mr. Peterson concurred that can be on the a9enda. He also reported that the staff suggested that as work on the Contract Planner project progresses the Council hold quarterly workshop sessions and invite the Planning Commission to attend. -6- February 10, 1982 Commissioner O'Neill recommended that the Contract Planner be a regular attendee at Planning Commission meetings since he would get public input that might be more meaningful than committee input. Commissioner Williams suggested that if it appears a project will come before the Commission, such as Villa Contessas, it would be appropriate to have any variance request also subject to Commission approval rather than handled by the Zoning Administrator. Chairman Pressutti asked if any Commissioners are interested in attending the League of California Cities Commissioners Institute to be held in San Diego on February 24-26. Commissioner R. Johnson indicated he is interested in the program offered for one day of the Institute although he was not sure which date. It was decided that one advance registration be sent to the League in the name of Commissioner R. Johnson. Commissioner O'Neill expressed interest in attending the quarterly dinner meeting of the League of California Cities scheduled for February 25th, at which news commentator Walter Cronkite is scheduled to appear. Mr. Peterson advised he would have information concerning that dinner to give to the Commission at next week's study session. ADJOURNMENT Chairman Pressutti adjourned the meetin9 at 8:20 p.m. Respectfully submitted, Helen Mapes, Secretary