HomeMy WebLinkAbout1984 10-09 CC MINBook 65/Page 28
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA
OCTOBER 9, 1984
The regular meeting of the City Council of the City of National City was called to
order at 7:00 p.m. by Vice Mayor Waters.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters. Absent: Morgan.
Administrative officials present: Campbell, McCabe, Post, Stafford, Interim City
Attorney Tobin.
SALUTE TO THE FLAG AND INVOCATION
The meeting was opened with salute to the flag led by City Manager McCabe,
followed with invocation by the Rev. Gary Jensen, Paradise Valley Church.
APPROVAL OF MINUTES
Moved by Cooper, seconded by VanDeventer, the minutes of the regular meeting of
October 2, 1984 be approved. Carried by unanimous vote. Absent: Morgan.
PROCLAMATION
Moved by VanDeventer, seconded by Dalla, the Proclamation be read by title only.
Carried by unanimous vote. Absent: Morgan.
The Proclamation of the week of October 7-13, 1984 as °FIRE PREVENTION
WEEK" was read by title. Moved by VanDeventer, seconded by Dalla, in favor of
this Proclamation. Carried by unanimous vote. Absent: Morgan.
PRESENTATION
Vice Maypr Waters presented a 30—year Service Pin and a Key to the City to Mr.
Leroy Steverson and commended him on his 30—years of service to the City.
PUBLIC ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
The PUBLIC HEARING on ADOPTION of CODES utilized by the Building & Safety
Dept. (Every few years new codes are published which include new methods of
construction and/or materials which have been developed after testing or used for a
period of time; in order to keep abreast of these new techniques, the codes are
republished to include the new construction methods and/or materials; the City
reviews the various codes, then changes, amends and/or deletes certain items which
are not applicable to City needs; the Building & Safety Dept. has reviewed these
codes and submits certain changes, amendments and/or deletions to assure no
duplications and/or inconsistencies with other codes exist and that such changes are
compatible with the goals and objectives of the City; staff recommends approval
and adoption) was held at this time. No one was present to speak in this regard.
Moved by Cooper, seconded by VanDeventer, the Public Hearing be closed and the
codes be adopted. Carried by unanimous vote. Absent: Morgan.
The PUBLIC HEARING on APPEAL of Planning Commission's APPROVAL of
CONDITIONAL USE PERMIT to ALLOW a PAROCHIAL SCHOOL having 40 students
WITHIN an EXISTING CHURCH FACILITY at 2519 Prospect St., Applicant: David
A. Jones, CUP 1984-17 (...involves the proposed use of the recently constructed
basement area of the Gospel Light Bible Church as a classroom to educate children
from kindergarten through grade twelve; the classroom is sufficient in size to
accommodate the proposed 40 students; however, plans submitted show no provisions
for a playground, play apparatus or outdoor exercise area; on March 22, 1982, the
Planning Commission approved a CUP to allow the church facilities, including a
parsonage, sanctuary, Sunday School and nursery; project site contains a total land
area of 23,400 sq. ft. [.54 acres ] , about one third of which is a canyon slope;
buildings on the site contain a total floor area of 3,416 sq. ft.; on May 21, 1984,
the Planning Commission determined a church school with a maximum of 40
students was not in substantial conformance with the CUP granted in 1982 for the
church and a new CUP and public hearing were required; the new CUP application
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was received on July 17, 1984; the Combined General Plan/Zoning designation of
the property is Residential -Two Family [ RT ); surrounding land uses are largely
residential with a somewhat rural character; because of the curvature of the road
and no sidewalks, the Police Dept. has recommended that a painted crosswalk be
considered to traverse Prospect St. and "WARNING CHILDREN PRESENT" signs or
school zone signs, if applicable, be placed 'north and south of the project site at
appropriate distances; a condition that requires a painted crosswalk and signs,
approved as to type, size and number by the Traffic Safety Com mittee, was
imposed as a condition of approval by the Planning Commission; however, the City
Engineer is suggesting that the crosswalk not be put in; there was no public input
opposing this application at the Nanning Commission hearing; since that time, the
case has been appealed based on concerns of traffic and noise; to insure that
problems do not occur, staff suggests the following new condition: In June of
1985, at the end of the school year,the Planning Com mission shall review this CUP
to determine if all conditions are being complied with and that adjacent properties
are not being impacted by school operations; staff concurs with the Planning
Commission's recommendation with the addition of the new condition) was held at
this time. SALLY TROY, 2108 E. 34th St., was present and said she owns 3
parcels of property in the area and her property will be devalued if this CUP is
approved; the church is on a very small piece of property; there are tremendous
traffic and parking problems with the church, and the addition of a school would
increase the number of parishioners and there would be even more traffic in the
street. Mrs. Troy displayed photographs of her property, saying it is directly across
from the church and has a very nice view; cars driving down the street have to
cross over the yellow line because there is not enough room on the side of the
road to park; Rev. Jones told her he has a piece of property on Euclid (near the
fire station) in escrow where he plans to build a church; her suggestion would be to
grant the CUP for the school to be located on the property on Euclid; she lives on
one of her parcels and has a rental unit on one of them. ALBERT CASTILLO,
2443 Grove St., was present and said the school would be a traffic hazard;
Prospect, going north, is a blind street; going south is another traffic hazard; on
foggy days it could be hazardous to the children. JANIE DE LA PENA, 2625
Prospect,: was present and said she has lived there for 11 years and has seen quite
a few accidents there. Councilman Cooper said the school will be in session during
the day (on weekdays) and he does not see how this would increase traffic. City
Engineer Stafford said he sent an employee out there to monitor the traffic in the
morning; they can put up signs saying "SCHOOL CHILDREN PRESENT"; a traffic
study has not been done. The REV. DAVID JONES, 2919 E. 18th, was present and
displayed drawings of the property, and said his church averages about 110
parishioners each Sunday; they have 29 students; the Fire Dept. said they could
have 40; there is a public school down on the corner of 24th & Euclid next to the
Fire Dept. and that creates more traffic than his school would; there is not one
child who walks to his school; they are all driven by parents; there is no place to
put a crosswalk; the school is not a traffic hazard; there are only 9 or 10 cars
there in the morning and 7 of them belong to staff members; the parents carpool;
the school woiiid increase the value of the surrounding property; they are willing to
buy Mrs. Troy's ;property tonight; the purchase of their property in escrow is
contingent on getting a CUP; he received a letter from a neighbor saying since the
church moved there 3 years ago, they have been friendly and neighborly and she is
in favor of the school; children pass their school going to and from other schools;
if escrow closes on their property at 24th & Euclid, he projects moving the school
and church down there with full facilities for a growing church and school; their
existing building would be used for youth activities; hours of operation for the
school are 8:00 a.m. to 2:30 p.m.; they only have 23 parking spaces, but some of
the parking problems should be alleviated if they get the other piece of property
they are trying to buy. Discussion. Councilman VanDeventer said he lives near
there and the traffic is becoming hazardous on Sundays; that problem needs to be
solved; he has no problem with the school as long as it is conditioned on 40
students. Further discussion. Councilman Cooper said he has no problem with the
school either. Further discussion. Rev. Jones said he has agreed to all 4
conditions in the Resolution except the crosswalk which they cannot accomplish.
Discussion re the CUP being reviewed in June, 1985. Rev. Jones objected, saying
he feels that is double jeopardy; they have passed the test of time. He was
advised this is the procedure on CUPs. SALLY PATTERSON, 2904 'M' Ave. was
present and said her son who is in the 10th grade attends this school; she takes
him to school in the morning, but he has permission to walk home; she appreciates
the school; it has been very helpful to her son. JOHN FRANCO, 2405 Prospect,
was present and said his 4-year old child goes to the school; it is a good school;
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Book 65/Page 30
the worst traffic in that area is about 4:00 or 5:00 p.m.; semis use that street for
a shortcut. Further discussion. No one else was present to speak in this regard.
Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed and the
conditions of staff with the exception of Condition #/1, the crosswalk, be adhered
to as part of the conditions for issuing the permit for the school and the CUP to
be reviewed in June, 1985. Discussion. Carried by unanimous vote. Absent:
Morgan. Moved by Dalla, seconded by VanDeventer, the issues of the signs and
commercial trucks using the street be referred to the Traffic Safety Committee.
Carried by unanimous vote. Absent: Morgan.
Vice Mayor Waters called a recess at 7:48 p.m.
Council reconvened at 7:56 p.m.
ROLL CALL
Council members present: Cooper, Dalla, VanDeventer, Waters. Absent: Morgan.
PUBLIC HEARINGS (Cont'd.)
The CONTINUED PUBLIC HEARING on APPEAL of Planning Commission DENIAL
of VARIANCE to ALLOW a STORAGE SHED (accessory structure) to be located
WITHIN THE FOUR FOOT SIDE YARD SETBACK required for detached accessory
structures at 1807 '0' Ave., Z-7-84, Applicant: Maria Parra (This hearing was
continued to provide time for additional information from the Building Dept. and
the Fire Chief re fire and building codes; on September 12, subject premises were
inspected by the Director of Building & Safety, the Planning Director and the Fire
Chief; this inspection and subsequent review of Building Dept. records revealed that
a number of buildings exist on the lot that were previously constructed and/or
converted without plans and permits and are in violation of zoning and building
codes; the subject structure can be made to comply with all applicable provisions
of the Uniform Building Code; the variance application under consideration involves
a wood frame and wood sided storage shed containing 173 sq. ft. of floor area,
located immediately adjacent to the property line within the 4' interior side yard
setback required for detached accessory structures; this structure is existing and
was erected without benefit of a building permit; the Planning Commission's denial
of this application was based on their inability to make a finding that special
circumstances exist that justify the granting of a zone variance; if Council can
make the required findings [i.e. because of special circumstances applicable to the
property, including size, shape, topography, location or surroundings, the strict
application of the zoning regulations deprives this property of privileges enjoyed by
other property in the vicinity and under identical zoning classification ] and takes
action to approve this zone variance, staff suggests the following conditions of
approval: 1. No plumbing or fixtures shall be permitted; 2. A building permit
shall be obtained within 60 days of the effective date of the Resolution approving
the variance; staff concurs with the Planning Commission's denial) was held at this
time. MS. ACOSTA, 1510 E. 18th St., was present representing her mother (Maria
Parra). Councilman Dalla noted there is a garage at the back of the house and
inquired if it is presently being used. Ms. Acosta replied it is not being used for
anything at this time. Councilman Dalla said if the storage shed remains where it
is, there is no access to the garage and it cannot be used as a garage. Ms.
Acosta replied she was aware of that; it is not really a garage, but more like a
driveway. Discussion. Fire Chief Kimble said this structure can be brought up to
code with 1—hour fire protection on the southern exposure and eliminating the
drainage problems on the roof. Discussion. Councilman Cooper said 2 or 3 laws
have been violated and inquired why the storage shed was insulated. Councilman
Dalla inquired if the modifications on the second house on the property had been
done since her parents bought the property. Ms. Acosta replied the only
modification they have made is the storage shed. Ms. Acosta continued, they
talked to Mr. Reid and he told them what they needed to do if the variance is
approved. Further discussion. No one else was present to speak in this regard.
Moved by VanDeventer, seconded by Cooper, the Public Hearing be closed and all
conditions relating to bringing this building up to code be designated by staff with
a thorough inspection before any plans are submitted within the next two weeks.
Councilman Dalla inquired if this structure did not exist and if the applicant came
forward and applied for a zone variance, would it be approved. Fire Chief Kimble
said if it came to the Fire Dept. he would urge Council to uphold the Planning
Commission's recommendation. Planning Director Post said he would concur with
the Planning Com mission's denial. Councilman Dalla said some of the modifications
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Book 65/Page 31
to this property were done with a permit and some without a permit; these people
have illegally added to the legal non —conforming status of the property; the only
special circumstances we have is that the construction has already taken place; to
approve this would be condoning something we would probably not have approved if
they had come in for a permit; we should support the Planning Com mission's
decision. Further discussion. Planning Director Post said the applicant has not
pointed out any similar situations in the area and staff has not come up with any.
Motion and second withdrawn. Moved by Cooper, seconded by VanDeventer, the
Public Hearing be closed and the Planning Commission's denial be upheld.
Discussion. Carried by unanimous vote. Absent: Morgan.
ADOPTION OF RESOLUTIONS
Moved by Van Deventer, seconded by Dalla, the Resolutions be presented by title
only. Carried by unanimous vote: Absent: Morgan.
Resolution No. 14,450, "RESOLUTION REQUESTING THAT CALTRANS INCLUDE IN
THEIR STATEWIDE PLANNING PROGRAM A STUDY TO EXTEND SR 125 FROM
THE SECOND BORDER CROSSING TO SR 94." Moved by Van Deventer, seconded
by Dalla, Resolution No. 14,450 be adopted. Carried by unanimous vote. Absent:
Morgan.
Resolution No. 14,451, "RESOLUTION ESTABLISHING DISABLED PERSON PARKING
CONTROL AT 1336 SCOTT DRIVE AND AT 1529 HOOVER AVENUE (Handicapped
Placard Numbers 84516 and 201506) " Moved by Cooper, seconded by Dalla,
Resolution No. 14,451 be adopted. Carried by unanimous vote. Absent: Morgan.
Resolution No. 14,452, "RESOLUTION DENYING CONDITIONAL USE PERMIT TO
ALLOW THE SALE OF ALCOHOLIC BEVERAGES AS AN INCIDENTAL USE (Type
20 Off —Sale Beer and Wine Liquor License) IN CONJUNCTION WITH A PROPOSED
CONVENIENCE STORE WITH DELI AT 3035 EAST 8TH STREET (APPLICANT:
MIKE TAJRAN) CUP-1984-16." Moved by VanDeventer, seconded by Cooper,
Resolution No. 14,452 be adopted. Discussion. Carried by unanimous vote.
Absent: _Morgan.
ORDINANCES FOR ADOPTION
Moved by VanDeventer, seconded by Dalla, the Ordinances be presented by title
only. Carried by unanimous vote. Absent: Morgan.
Ordinance No. 1834 (9/4-8/84-4-), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA AMENDING ORDINANCE NO. 1324, 1562, 1825 AND CHAPTER 15.04
OF THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY." Moved by Dalla,
seconded by Cooper, Ordinance No. 1834 (9/18/84-4) be adopted. Carried by
unanimous vote. Absent: Morgan.
Ordinance No. 1835 (9/1-8/84-2), ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA .ADOPTING THE UNIFORM BUILDING CODE, 1982 EDITION, AND
APPENDIX, EXCEPT CHAPTER 12 THEREOF; AMENDING CHAPTER 70
ESTABLISHING THE CITY ENGINEER AS THE ENFORCING OFFICER OF
CHAPTER 70; THE UNIFORM BUILDING CODE STANDARDS 1982 EDITION;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND AMENDING
ORDINANCE NO. 1713 AND CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE
CITY OF NATIONAL CITY." Moved by VanDeventer, seconded by Dalla, Ordinance
No. 1835 (9/48/84-2) be adopted. Carried by unanimous vote. Absent: Morgan.
Ordinance No. 1836 (9/1-8/84-3), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA ADOPTING BY REFERENCE IN WHOLE THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS, 1982 EDITION." Moved by
Cooper, seconded by Dalla, Ordinance No. 1836 (9/18/84--3) be adopted. Carried by
unanimous vote. Absent: Morgan.
Ordinance No. 1837 (9/18/84-4), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA AMENDING ORDINANCE NO. 1193 AND CHAPTER 15.12 OF THE
MUNICIPAL CODE OF THE CITY OF NATIONAL CITY." Moved by Dalla,
seconded by VanDeventer, Ordinance No. 1837 (9/4-8/S4--4) be adopted. Carried by
unanimous vote. Absent: Morgan.
Ordinance No. 1838 (9/1-8/84-3), "CRDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING THE UNIFORM MECHANICAL CODE, 1982 EDITION,
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Book 65/Page 32
APPENDIX A, CHAPTER 22 OF APPENDIX B AND APPENDIX C THEREOF,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND AMENDING
ORDINANCE NO. 1715 AND CHAPTER 15.14 OF THE MUNICIPAL CODE OF THE
CITY OF NATIONAL CITY." Moved by Cooper, seconded by VanDeventer,
Ordinance No. 1838 (9/1-8/84-4) be adopted. Carried by unanimous vote. Absent:
M organ.
Ordinance No. 1839 (9/4-8/84-6), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING THE UNIFORM HOUSING CODE, 1982 EDITION,
PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND AMENDING
ORDINANCE NO. 1716 AND CHAPTER 15.16 OF THE MUNICIPAL CODE OF THE
CITY OF NATIONAL CITY." Moved by VanDeventer, seconded by Dalla, Ordinance
No. 1839 (9/1.8/84--6) be adopted. Carried by unanimous vote. Absent: Morgan.
Ordinance No. 1840 (9/1-8/84-3), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING THE UNIFORM PLUMBING CODE, 1979 EDITION,
ESTABLISHING REGULATIONS FOR THE INSTALLATION, MAINTENANCE AND
ALTERATION OF PLUMBING SYSTEMS WITHIN THE CITY OF NATIONAL CITY
AND AMENDING ORDINANCE NO. 1714 AND CHAPTER 15.20 OF THE
MUNICIPAL CODE OF THE CITY OF NATIONAL CITY." Moved by Cooper,
seconded by VanDeventer, Ordinance No. 1840 (9/1-8/84-7) be adopted. Discussion.
Carried by unanimous vote. Absent: Morgan.
Ordinance No. 1841 (9/4-8/84-8), "ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING THE NATIONAL ELECTRIC CODE, 1984 EDITION, AS
AMENDED, ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR
ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY OF
NATIONAL CITY AMENDING ORDINANCE NO. 1717 AND CHAPTER 15.24 OF
THE MUNICIPAL CODE OF THE CITY OF NATIONAL CITY." Moved by Dalla,
seconded by VanDeventer, Ordinance No. 1841 (9/4-8/84-8) be adopted. Carried by
unanimous vote. Absent: Morgan.
NEW BUSINESS
The Finance Director's request for RATIFICATION of WARRANT REGISTER NO.
14, dated October 2, 1984, in the amount of $209,643.79 (Warrants Nos. 85201
through 85251) was presented. Moved by Dalla, seconded by VanDeventer, the
demands be ratified. Carried, by the following vote, to —wit: Ayes: Cooper, Dalla,
VanDeventer, Waters. Nays: None. Absent: Morgan.
The CLAIM FOR DAMAGES of MARIO ALBERTO DE ANDA, arising from an
occurrence on June 23, 1984, and filed with the City Clerk on September 27, 1984
was presented. Moved by VanDeventer, seconded by Dalla, this claim be denied
and referred to the City Attorney. Carried by unanimous vote. Absent: Morgan.
The CLAIM FOR DAMAGES of JEAN TYSON, arising from an accident on
September 14; 1984, and filed with the City Clerk on September 27, 1984 was
presented. Moved by VanDeventer, seconded by Dalla, this claim be denied and
referred to the City Attorney. Carried by unanimous vote. Absent: Morgan.
WRITTEN COMMUNICATIONS
The request of SCALES CONSTRUCTION COMPANY that Council initiate a
GENERAL PLAN AMENDMENT to ALLOW DEVELOPMENT of the "KATHERINE
PARKER MANOR", a congregate —type SENIOR CITIZENS RETIREMENT
COMMUNITY was presented. Planning Director Post said it would be appropriate
for the Planning Commission to deal with this matter. Moved by VanDeventer,
seconded by Dalla, this be referred to the Planning Commission for their
interpretation. MIKE STEVENS (Planning Consultant), 5024 W. Point Loma Blvd.,
was present and said they are requesting that Council initiate a General Plan
amendment to allow development of a Senior Citizens Retirement Community to be
located on a 7.12 acre site at 2550-52 Rachael St.; this project has been discussed
with each Council member. Vice Mayor Waters questioned "discussed with each
Council member". Mr. Hendry, General Manager, Scales, was present and said he
had coffee with Mr. Waters and asked that Council initiate the amendment to the
General Plan. Discussion. Mr. Stevens displayed renderings of his proposed project.
Further discussion. Planning Director Post said General Plan Amendment hearings
are scheduled three tim es a year; the last hearing for this calendar . year will be
held in about three weeks. Discussion. Motion carried by unanimous vote.
Absent: Morgan.
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OTHER BUSINESS
The report on PLANNING COM MISSION ACTION on an APPEAL by SOLANA
LUMBER ONE regarding the use of a MOBILE OFFICE TRAILER at 1850 Tidelands
Ave. (On August 20, 1984, the Planning Corm mission considered an appeal by Solana
Lumber One for continued use of a mobile office trailer at 1850 Tidelands Ave.;
Mr. Mel Lauritsen, Vice President, Lumber Operations, requested an 8-12 month
time extension to allow them to reorganize their present office facilities; he
further indicated that they would need additional time to discuss the matter with
the Port District and to develop a solution to the problem; after considering all
testimony and evidence, the Planning Commission affirmed the decision appealed
from by recommending the abatement of the mobile office trailer within 8 months,
not later than April 20, 1984; this item was continued from October 2 until more
information could be obtained from the Port District pertaining to their leasing
policies) was presented. Planning Director Post said no further information has
been received. Moved by Cooper, seconded by VanDeventer, the Planning
Commission's recommendation be upheld. Carried by unanimous vote. Absent:
M organ.
The report on PLANNING COMMISSION ACTION on an APPEAL by BAY CITY
MARINE, INC. regarding the use of a MOBILE OFFICE TRAILER at 1204 W. 32nd
St. (On August 20, the Planning Commission considered an appeal by Bay City
Marine, Inc. for continued use of a mobile office trailer at 1204 W. 32nd St.;
Mr. Irving I. Refkin, General Manager, Bay City Marine, Inc., requested that they
be permitted to continue the use of the mobile office trailer since the property in
question is presently being leased from the Port District on a short—term basis; the
appellant stated that they had been in contact with the Unified Port District
regarding the construction of a permanent office facility; however, they were given
no guarantee that the Port Commission would grant the request or approve a time
extension on their existing lease; after considering all testimony and evidence, the
Planning Commission affirmed the decision appealed from by recommending the
abatement of the mobile office trailer within 8 months, not later than April 20,
1985; this item was continued from the October 2 meeting so more information
could be obtained from the Port District pertaining to their leasing policies) was
presented. Councilman Cooper said he checked with the Port Commission and they
have a year—to—year lease on this property, but he could not find out when their
lease was up; it's a mess down there; when they start sandblasting boats, you can't
see anything. Moved by Cooper. we uphold the Planning Com mission's decision.
Motion died for lack of second. Planning Director Post said the CUP was approved
in 1982 for a period of one year and they never came back to apply for an
extension; the CUP application indicates it was for a temporary use for a limited
period of time. Discussion. Councilman Dalla said they began operating without a
permit and there was a complaint; they were notified that they were in violation,
so they applied for a CUP and it was granted for a temporary use; the trailer was
put on the site without a permit. Moved by Dalla, seconded by Van Deventer, the
trailer be removed within 30 days. Councilman Cooper said this business employs
52 people; the -'=Port Com mission will not grant them the right to build a permanent
building; he thinks this action might be a little harsh. Councilman Van Deventer
suggested that perhaps they could set up modular units; they would be more like a
building and they can be removed easily. Discussion. Councilman Dalla said there
were two reasons why the CUP was approved in the first place: 1. They were
already there, and 2. they indicated it was a temporary use; if we had known they
would be there this long, we would have imposed more stringent conditions; they
have been operating illegally. Further discussion. Councilman Dalla said this
permit expired in 1983; this kind of business has a lot of temporary sites; they
send crews around to temporary sites; they have been in violation since 1983.
Moved by VanDeventer, the motion be amended to issue a TUP to use the facility
to operate their business and that we recommend modular units in lieu of a trailer.
Died for lack of second. Further discussion. Interim City Attorney Tobin inquired
if the property owner was notified that this would be coming before Council
tonight. Planning Director Post replied he was notified, but he is in Washington on
business. Motion and second withdrawn. Councilman VanDeventer said before we
make any decision, we should give the owner the opportunity to come forward and
speak to Council; Council could discuss with him the possibility of modular units or
whatever, and see what we can come up with. Further discussion. Moved by
VanDeventer, seconded by Cooper, staff contact the owner and have him or his
representative present at a Council meeting to discuss this because there is more
than the problem of the trailer, and this be back in two weeks. Discussion.
Carried by unanimous vote. Absent: Morgan.
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PLANNING COMMISSION — NOTICES OF DECISION
Planning Commission Resolution No. 50-84 APPROVING PLANNED DEVELOPMENT
PERMIT to ALLOW DEVELOPMENT of 3 DETACHED SINGLE FAMILY DWELLINGS
on property containing 18,000 sq. ft. at 304 Norton Ave., Applicant: Robert
Thompson, PD-7-84 (...involves the proposed development of 3 single —story,
detached, 3—bedroom, single—family dwellings, 2 containing a total floor area of
1,040 sq. ft. each, and 1 containing a total floor area of 1,126 sq. ft., on property
containing a total land area of 18,000 sq. ft.; each proposed unit will be provided
with an attached carport to accom modate 2 automobiles and an area of private
usable open space varying in size from 500 sq. ft. to 615 sq. ft.; project site is
presently improved with 1 single—family dwelling that is proposed to be removed
from the site; Combined Zoning/General Plan designation for this property is
Residential Single —Family Extendable [ RS-3—PD ]; the neighborhood is residential in
character; staff concurs with the Planning Commission's approval) was presented.
Moved by Dalla, seconded by Van Deventer, this be set for public hearing. Carried
by uinanimous vote. Absent: Morgan.
Planning Commission Resolution No. 47-84 DENYING WITHOUT PREJUDICE
CONDITIONAL USE PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES as
an INCIDENTAL USE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING
PLACE between the hours of 12 midnight and 2:00 a.m. at 105 E. 8th St.;
Applicant: McDini's Inc.; CUP-1984-23 (Subject application, filed with the Planning
Dept. on August 14, 1984, requests to serve alcoholic beverages after midnight on
the restaurant premises; a Type 47, On —Sale General Liquor License is presently in
effect for these premises) was presented. The City Clerk reported an appeal has
been received and recommended this be set for public hearing. Moved by
VanDeventer, seconded by Cooper, this be set for public hearing on November 13,
1984. Carried by unanimous vote. Absent: Morgan.
Planning Commission Resolution No. 44-84 APPROVING CONDITIONAL USE
PERMIT to ALLOW a 3—STORY, 21—BED, BOARD AND CARE FACILITY for the
elderly on property located within 700 block of 'G' Ave., West side; Applicant:
Manuel Belisario — Pacific Delta; CUP-1984-14 (...involves a board and care facility
for the elderly and is designed to provide more than the minimum required physical
features for such a facility; Title 22 of the California Administrative Code requires
at least one toilet and wash basin for each 6 residents and at least one bath tub
or shower for each 10 residents; the developer will provide one bathtub, one toilet
and wash basin in each room occupied by 2 residents; building will contain a
useable floor area of 7,597 sq. ft. and provides a basement level devoted to off—
street parking that will accommodate 9 automobiles; in addition, the management
of this facility proposes to make available to the residents on a 24—hour basis, a
driver and transportation; this facility will provide 18 2—bed units and 3 1—bed units,
an administrative office, central kitchen with common dining and social hall, a
laundry and lounge area; the design and height of the proposed structure will be
compatible with the character of the existing multi —family residential structures
located north and south of the project site; project site contains a total land area
of 7,043 sq. ft. and is presently vacant and unimproved; Combined Zoning/General
Plan designation is Com mercial General; staff concurs with the Planning
Commission's approval) was presented. Moved by VanDeventer, seconded by Waters,
this be set for public hearing. Carried by unanimous vote. Absent: Morgan.
Planning Commission Resolution No. 45-84 APPROVING CONDITIONAL USE
PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES as an INCIDENTAL USE
IN CONJUNCTION WITH A BONA FIDE EATING PLACE at 1240 Plaza Blvd.;
Applicant: Sam Linhardt — Round Table Pizza, CUP-1984-21 (...involves the
proposed sale of beer and wine as an incidental use [Type 41 On —Sale Beer and
Wine, which authorizes the sale of beer and wine for consumption on a bona fide
public eating type premises, plus the sale of beer and wine for consumption off the
premises where sold ] in conjunction with a Round Table Pizza Restaurant that
provides seating for 130 and which will employ 16-18 people; project site is located
within Phase 2 of the South Bay Plaza Shopping Center east of Safeway and
contains a total floor area of 3,081 sq. ft.; within a radius of 1,000 ft. of subject
premises, there are 2 Type 21 Off —Sale General Liquor Licenses, 4 Type 41 On —Sale
Beer and Wine Liquor Licenses, and 1 Type 47 On —Sale General eating place Liquor
License; Combined Zoning/General Plan designation is Commercial General; staff
concurs with the Planning Com mission's approval) was presented. Moved by
VanDeventer, seconded by Cooper, this be approved. Councilman Cooper inquired
10/9/84
Book 65/Page 35
why we are not getting any information from the Police Dept. on this. Planning
Director Post said the Police Dept. is notified of these applications when they
come in; they had no adverse comments so it was not included. Councilman
Cooper said he would still like to see that in the backup material. Planning
Director Post said they can include that in the future. Motion carried by
unanimous vote. Absent: Morgan. Councilman Dalla noted this will be the 8th
liquor license within 1,000 ft.. Discussion re declaring the area saturated or
declaring a moratorium on liquor licenses. Interim City Attorney Tobin said he
could confer with ABC and see what options we have and report back to Council.
Further discussion.
Planning Commission Resolution No. 46-84 APPROVING CONDITIONAL USE
PERMIT to ALLOW the SALE of ALCOHOLIC BEVERAGES AS AN INCIDENTAL
USE 1N CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE at 1343
Highland Ave.; Applicant: Raul O. Flores; CUP 1984-22 (...involves the proposed
sale of beer and wine as an incidental use [Type 41 Liquor License, which
authorizes the sale of beer and wine for consumption on a bona fide public eating
place type premises, plus the sale of beer and wine for comsumption off the
premises where sold ] in conjunction with El Goloso Restaurant; the building
contains a total floor area of 1,015 sq. ft. of which 137.5 sq. ft. is devoted to an
area for take—out food; within a radius of 1,000 ft. of subject premises there are 2
Type 21 Off —Sale General Liquor Licenses, 3 Type 41 On —Sale Beer and Wine Liquor
Licenses and 1 Type 47 On —Sale General Liquor License; Combined Zoning/General
Plan designation is Com mercial General; staff concurs with the Planning
Commission's approval) was presented. Moved by Cooper, seconded by Van Deventer,
this be approved. Councilman Dalla inquired how many off—street parking spaces
were allotted for this business. Planning Director Post said he believed there were
none; the business is lawful non —conforming. Discussion. Motion carried by the
following vote, to —wit: Ayes: Cooper, VanDeventer, Waters. Nays: Dalla.
Absent: Morgan.
The Finance Director's CONSOLIDATED CASH REPORT for the period ending July
31, 1984 -was presented. Moved by VanDeventer, seconded by Dalla, this be
accepted and filed. Carried by unanimous vote. Absent: Morgan.
The City Engineer's report on DRAINAGE REQUIREMENTS — FIRST SAMOAN
CHURCH, 2815 E. 18th St. was presented. Moved by VanDeventer, seconded by
Cooper, this be held over one week as requested by Mayor Morgan. Carried by
unanimous vote. Absent: Morgan.
The City Engineer's report on DELTA STREET STORM DRAIN (On August 7, 1984,
Council adopted Resolution No. 14,400 approving additional funds for the Delta St.
storm drain, a cooperative project with the City of San Diego; during the discussion
of this matter, it was noted that staff was initiating discussions with CALTRANS
relative to increasing the capacity of the subject facility; Council directed that
these discussions with CALTRANS be pursued; the purpose of the report [See
Document No..31121 ] is to update Council on this matter; the City Engineer
recommends proceeding with investigation of Option Number 2 as contained in his
report dated September 26, 1984) was presented. Moved by Van Deventer, seconded
by Dalla, in favor of staff's recommendation. Discussion. Motion carried by
unanimous vote. Absent: Morgan.
The Public Works Director's report on INTERIM DRAINAGE, 9th Street & Edgerton
Way (A drainage problem exists in the vicinity of 934 and 942 9th St.; in the past,
a private drainpipe carried drainage from the street across private property and
discharged onto the adjacent parking area of the South Bay Plaza; when the
drainpipe failed, it was removed by the property owner and the hole in the wall
plugged; Engineering is now developing a proper solution to the problem, but
realization of its benefits will probably be at least 6 months in the future; See
Document No. 71122) was presented. City Manager McCabe said staff needs advice
and recommendations from Council on some temporary things that can be done; the
permanent drain will not be installed before the rainy season begins. Vice Mayor
Waters inquired if this project could be moved up. City Engineer Stafford replied
the plan that has been prepared has some shortcomings. Discussion. Councilman
VanDeventer said he would like to move forward with the temporary solution to
this problem; if we can do the permanent repair within 6 months, we should look
at what the cost would be. Further discussion. Moved by VanDeventer, seconded
by Cooper, staff install the pipe and take all precautionary measures. Discussion.
Carried by unanimous vote. Absent: Morgan.
10/9/84
CITY MANAGER — No report.
CITY ATTORNEY — No report.
OTHER STAFF — No reports.
MAYOR — No report.
Book 65/Page 36
CITY COUNCIL
Councilman Cooper reported Miss National City requested that Council sponsor her
in the Miss Greater San Diego Contest at a cost of $300. Moved by Cooper,
seconded by VanDeventer, the City contribute $250. Carried by unanimous vote.
Absent: Morgan.
Councilman VanDeventer requested that next week's Council meeting (if the Padres
are still playing in the World Series) be held at 1:00 p.m.
Councilman Dalla referred the matter of Highland Ave. & 14th St. to the Traffic
Safety Commission to determine if a "RIGHT TURN ONLY" sign is needed.
Vice Mayor Waters read Mayor Morgan's letter regarding property on 30th St.
Moved by VanDeventer, seconded by Cooper, this be referred to the Community
Development Com mission. Carried by unanimous vote.
Vice Mayor Waters said generally we hear about the swimming pool when things are
going wrong; he received a letter from Mary Dixon thanking Council for the pool.
ADJOURNMENT
Moved by VanDeventer, seconded by Cooper, the meeting be adjourned to 1:00,
Tuesday, October 16, 1984 (if there is a World Series game). Carried by unanimous
vote. Absent: Morgan. The meeting closed at 9:30 p.m.
C
CITY CLERK
The foregoing minutes were approved at the regular meeting of October 16, 1984.
Corrections No corrections
e1 Ar/; ,
MAYOR
CITY OF NATIONAL CITY, CALIFORNIA
10/9/84