Loading...
HomeMy WebLinkAbout1972 05-08 CC ADJ MIN173 MINUTES OF THE ADJOURNED SPECIAL MEETING OP THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA May 8, 1972 The adjourned Special Meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Piron, Reid, Waters, Morgan. Absent: None. Administrative officials present: Gerschler, McLean Minogue, 0sburn, Stenberg. SALUTE TO FLAG The meeting was opened with salute to the Flag led by City Manager Osburn. UNFINISHED BUSINESS CITY ATTORNEY McLEAN said at the Special Meeting of the City Council this morning there were not sufficient members present to adopt an urgency ordi- nance; the meeting was adjourned to 7:30 p.m. this evening, so the Council could consider the adoption of an urgency interim zoning ordinance. The City Attorney said Ordinance 1306 (effective June 2, 1972) , applies new standards for the development of multiple residential developments; in the meantime, the Council has been informed there are several projects pending which do not comply in each respect with the requirements of Ordinance 1306; the staff reported to Council if Council desired to require the pending projects to comply with all developmental standards encompassed within Ordinance 1306, then it would be necessary for the Council to adopt an urgency ordinance; the Mayor called a Special Meeting of the City Council for the purpose of considering the adoption of an urgency ordinance which would require the pending multiple residential developments to comply with the new developmental standards; if Council desired to consider such an urgency ordinance, one was prepared and ready for presentation; this ordi- nance would go into effect immediately upon adoption if 4/5 of the Council vote to adopt it. The City Attorney said the urgency ordinance would requit all pending projects for the development of multiple residential units to comply with the new standards set forth in Ordinance 1306; the ordinance will be adopted as an urgency interim zoning ordinance and would at the same time revoke any building permits which have been issued and are out- standing for developments inconsistent with the proposed new standards. City Attorney McLean said the Planning Director was prepared to report to the Council on the requirements for such an interim zoning ordinance from the Planning Department point of view; also, there are several land owners in the audience who desire to address the Council concerning the subject; although Planning Director Gerschler has made reports to the City Council in the past concerning this topic, it would be appropriate prior to any Council action for the Council to have a report summarizing the past history of multiple residential development standards, the pending ordinance, and the necessity in the Planning Department's opinion for the urgency ordinance. PLANNING DIRECTOR GERSCI LER stated Section 65858 of the Planning Act provides for the legislative body to protect the public safety, health and welfare by adopting an interim ordinance prohibiting any uses which may be in conflict with the contemplated zoning proposal; Ordinance No. 1306 was adopted last Tuesday and will be effective June 2; it involves a lot of design features for apartment houses, some of them dealing with accessory uses, how to store trash, location and width of courts, set.back area, height limits, and other design features; all of those, features involvOd questions of public safety, health and welfare; however, :there are pos4ibly some which should be emphasized; these are off-street parking and useaKe open space; during the course of the hearings by the Planning Commission and the City Council on studies made in preparation of those hearings, trier r 5/8/72 174 was repeated emphasis placed on off-street parking and open space. Planning Director Gerschler handed the Council a 'summary of the building permit applications now pending and awaiting determination tonight; there are nine cases in the community and all nine involved the off-street parking questions; specifically, they have 1:1 parking and in one case they show 11:1 parking which includes some tandem parking (not presently recognized by the Code) and in some of these cases, a question of open space is also involved; if it is the Council's finding that off-street parking and open space do qualify this ordinance as an urgency ordinance based upon public health, safety and welfare, the staff could support such a finding. VICE MAYOR WATERS said he checked out the parking in different cities, Chula Vista and so forth, and noticed they had theirs 1.5 to 2:1 but went back down to 1.3 to 1.5. Moved by Waters, seconded by Pinson, the ado t Ordinance No. 1306 effective Ma 8, 1972 and all stipulations within it become effective as of now. J. B. JENKINS, STANDMARK, INC., 2485 Hotel Circle Place, San Diego, was present and said they realize that the City Council has authority and responsibility to pass laws that would protect the welfare of the citizens; whenever you make a change you should have an effective cutoff date; Ordinance 1306 will become effective June 2 and gives everybody a chance to review what they have pending and does not penalize anyone. Mr. Jenkins said they have been working on a project that in the past has required 1:1 parking; they have the place on 2nd and Laurel and proposed to build 62 units; now they come before the Council asking for 1:1 parking; they bought 29,000-30,000 sq. ft. on Norton, butting them from the back and have added these two together and come up with 62 units on 2nd and Laurel, 1:1 parking with an open area of 271 sq. ft. per unit or a total of 72,000 sq. ft. of open area; on Norton they have complied with Ordinance 1306, even though it isn't a law yet, and have 20 units there; they have a land area of 29,000 sq. ft.; the buildings take up 9,000 and open space per unit is 1,044 sq. ft.; what they are trying to do is put both of these together; the 2nd and Laurel. under the old require ments and Norton under the new. Mr. Jenkins asked Council to consider these facts, and make the effective date of the Ordinance June 2. ATTORNEY WILLIAM C. CAMPBELL, JR., REPRESENTING STARFIRE HOMES, 829 Hoover Avenue, was present and said his clients find themselves substantially in the position of the former speaker with one exception; prior to the adoption of Ordinance 1306, (to be effective June 2); his clients submitted seven sets of plans of the particular type of property that was encompassed in this proposed ordinance and to the best of their knowledge they had complied with the existing ordinance; Friday of last week they found themselves in the position of attempting to obtain permits from the Building Department; they were told there has been an administrative order directing permits cease to be issued on property specifically affected by this proposed ordi- nance; they take the position that they have complied with the existing ordinances and the administrative order oversteps the bounds of the extent of the existing ordinance in effect at that time; there had been total compliance and the denial of the issuance of permits was completely arbi- trary, and they do not intend to stand idly by and see thatnothing happens of this product of denial. PLANNING DIRECTOR GERSCHLER announced as soon as this meeting was finished, the Planning Commission will meet in this room. MRS. DDRIS J. SIKES, 1311 E. First Street, was present and presented a petition from her area which involved only one of the nine complexes on Laurel St.; the petition contained 88 signatures from that area, about 10 of them from another area, and the rest of them are from 1st, 2nd, Laurel, Norton, and Division; if she had a little more time, she was sure she could get 500-1000 more signatures from the other eight complexes and their neighbors. Mrs. Sikes read the petition: "We the undersigned petition the City Council of National City to prohibit Standmark, Inc. from building the proposed 62-unit apartment complex at 137-219 Laurel Ave.,: with the proposed one to one parking. We believe this complex would be an invitation for more people parking on an already congested street and neap a rather dan- gerous intersection." Mrs. Sikes presented the petition to the Mayor. Mrs. Sikes said there are complexes that have gone up, such as the one built in '59 on the corner of 18th and J, where there is just bartply 1:1 parking; 175 there are 18 units there, two buildings, 8 units in one building and 10 units in the other; there is hardly room enough to walk between the two buildings. STEVE DROGIN, 2151 Oliver Avenue, San Diego, was present and commented about an article in the National City newspaper yesterday which contained remarks attributed to him; he asked for an apology as some of the statements were not true. Mr. Drogin said last Tuesday evening he came before Council for approval of a project which he and Mr. Napierski proposed on 8th Ave., a 48-unit project containing 47 studios, and one one -bedroom apartment. Council took no action on the project that evening, and they submitted it to the Building Department for a permit; they were told they could not issue them a building permit. Mr. Drogin said an action by Council to accelerate the effective date of Ordinance 1306 would be unfair to the citizens and to his project in particular; members of the Council individually indicated their plan was a good plan ; if the effective date for Ordinance 1306 becomes this evening instead of June 2, the project as submitted won't be built. There was further discussion. Mr. Drogin said they made changes in their plans to fit all the suggestions contained in Ordinance 1306 with the exception of the parking; their project does remain with the 1:1 parking ratio; they have agreed to all conditions imposed by the Planning Department. Mr. Drogin stated he understood that in order to justify an urgency action there must exist some type of emergency and he had heard no substantial evidence that would lead Council to accept the fact that an emergency existed. AL BEAUCHAMP, 1123 Manchester, was present and said he worked with Mr. Gerschler to comply with all the new ordinance changes except for the 11/2:1 parking; he thought he had worked out a compati- ble plan with the tandem parking which will allow 11:1 count; he would like to go on record of protesting the supposedly urgency ordinance; it will create a financial burden. C. V. SMITH, JOHN NOBLE CO., 510 Davidson, Chula Vista, was present and stated on April 18 it was indicated to them their plans were accepted; now they are told there is no way of getting these plans through; no deadline had been set. COUNCILMAN REID said that he was a little in the dark and must have missed some meetings without realizing it; somebody must have given staff direction' to cut out building permits; he wanted this ordinance to take effect June 2. MAYOR !4DRGAN said this was a good ordinance and they were going to have to start living up to it because there are a lot of projects in the City that he was not proud of. The Mayor stated Harlan Christensen was his brother- in-law and had an interest in one of the proposed projects, but he had to vote in favor of the ordinance; it's good for the City. Motion carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters Morgan. Nays: Reid. Ordinance No. 1312, "AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROHIBITING ANY USES OF CERTAIN PROPERTY WHICH MAY BE IN CONFLICT WITH CERTAIN CONTEMPLATED ZONING REGULATIONS AND ADOPTING SAID ORDINANCE AS AN 'INTERIM ZONING ORDINANCE' PURSUANT TO SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE: AND ADOPTING SAID ORDINANCE AS AN URGENCY ORDINANCE AND APPLYING SAID ZONING REGULATIONS TO CERTAIN PROPERTY WITHIN SAID CITY AND REVOKING OUTSTANDING BUILDING PERMITS INCONSISTENT HEREWITH", was presented. Moved by Waters, seconded by Camacho, the ordinance b+ presented by title only. Carried by unanimous vote. The title was read. Moved by Camacho, seconded by Waters, Ordinance No. 1312 be adopted. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. Moved by Camacho, seconded by Waters, the meeting be closed. Carried by unanimous vote. The meeting closed at 8:06 p.m. City Clerk City cf National City, Cornia 5/8/72 J 176 The foregoing minutes were approved by the City Council of National City at the regular meeting of May 15,E 1972. cEI No corrections Correction as noted below Mayor, City Etf a Tonal City, California 5/8/72