HomeMy WebLinkAbout1958-09-23; Planning Commission; MinutesP m W
1- The neetm w188 ctalled to order at 7:30 P.R. by Chairman Swlrs'ky. Present besides tho Chairman mere Comilissioners FemdL, Jarvie, .Daumgartner, StPinger an3 Ebrfcht, Absent Comhsioner &yoso
2- ?,Xnnutes of September 9, 1958. The Comdssion requested that the "owns :
b, At the top 07 pxe 5, the nae "COLE" be changed to nKOLEf'.
C. Add to paragraph 5 that COG, Jarvie voted "No" on tlze n;otlon not %o reclassify Roosevelt Street betv~een Grand and Laguna as he felt the zone change should not be dropped entirely, but that the City Council should be advised that tb cross street is essential and a necessary requironelzt before the zone change 4.s considered, and some money should be allocated for such a projeot.
It was moved by Canm. Jarvie and aeconeea by Coxm. Uaumgnrtner that the minutes of Septeder 0, 1958, bo approved as eorreoted. Six ayes, r;zo%ion carried.
Corn, Hqes .was present at 7r35 P,EL
.. rdlnutea of September 16, 19.58, It was moved by Comm. .Fennel axil seconded l;y Corn. Jarvie that the ninutes of September 16, 19513, be approved as submitted, All ayes, notion carriod,
3- - Resolution of Intention Noe 7 to all.oV; day nurseries in R-1 Zones t7fth a Conditional Use Pernit.. :?otic8 of hearing was read, The ,Secre.t;ary c8rtXfi@d as to the pub- lication of IJotics of &a~aj.n~~ There were no written protests..
CAPT. CRAYFORD stated he objected to havinG nurseries for several. reasons; that it is only a 75' lot and when lfttle chlldron are 0u.t; there would be 8 traffic hazard on IZillside and HiGhland; and that the &dInmce states there wfll be none in 11-1 zones and it should remain that way.
Corn. Ebricht stated that the Issue is to allor; day nurseries Ln all R-1 zones, not just a particular area.
MRS. GOWON JOH'KSON stated that she is la favor of the nursery; tht she -is almost a nefghbor of the present one; it is a large piece of propwty anti it lis the older children who are in the mad, The youn~er children are never in the road as ths rpounds are completely surmunded by a Pence. She further stated that; she approves of them in an R-3. zone rather than R-2 zone where there are 2-family dwellings, and that they cmnot be in a cormercial zone, Elany cities have them in R-1 zorms, and parking faoflitlea can be wranGed for everyone.
MR. IXCK stated his objection is based primarily on the basis that it is a business veslture I operated for profit alone, and far that reason it Is the same as any medical center operated for the welfare of the people,
ERS. KTDENSON stated that she is definitelf in favor of them and had wrlttea to the city in Uichigan from which they came where they do allow nurseries in R-l zones and had their Ordinance. They had been very satisfactory and the property value where they were located averaged $;x)bOOOo She furtbr stated she did not feel it detracted from the value of the property, an2 in one instance the mothers were so much in favor of it that they volunteered tbir
tine. She stated you coulci not take children from better homes and put thsm in commercial areas where there cre all kinds of hazards. (Mrs. Anderson gave the dchipn OrdInace to the Secretary,)
HRS. DOROTIK JOIIWOI? stated she is in favor of nursery schools in R-1 areas as the ho:.:.ses we usually farther apart and the children
do not lave many playzmtes. As 8 school teacher, she has f ovnd t5a3 children who have lcarne? to plq v;it h and zet nlon:; with otbr children am bettor adjusted vhen starting school.
?.RS CRMFPORD stated that they had paid a good price to have a larger lot w&re t?my would huve quiet ani less conitsion, and if a nursery school were to be next door, it would not raise the value of tbir property. She further stated that there had been a nursery school next door to some friends or theirs in Oceansicieo It hail cawed a good deal of trouble ad bhe older people in Carlsbad should be tho:.&t of t oos
MR. L)+:LAi.TI) COLE stated he did not want a nursery school next door
to hims If they are allowed, they should be under strict regula- tions, be inspected by various agencies and Wve a school teacher Zn chargee He further stated the people in tb irrrmdiate vicinity skould be allowed m sign a written consent for such a school.
MRS. !UCK stated she objects to a change,
I(9S. PAT COLE stated she is in favor of the nursery school; that the present nursery school is situated in ideal surroundings for young children; is very roomy; and that; she feels her child is being well cared for In safe surroundincs. She s tgt ed further that she has not f'o-md It no is;^ at tines when she has beon there to pick
up her child, KR. LEO €RICE stated he co~lci see no reason for not having the nursery; Klat he sends his ch91d thcre and !mows .kt is ndequato, clean and fcnced; it docs his ~1121~2 CIU& coed, and tho childmn in the street arc not Lvolveci in tho schools
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MRS. JOFINSON stated tbae it im't easy for a womn to set up a nursery school a> there are so nany requirenents to bo met, both City and State.
MRS. CRAY'FORD strtea she had not seen the legal notice of hearing in'tho paper and asked if it had been published+
The Secretary stated that the notice had been published in the Carlsbad Journal on Sepixmbcr 111 1058, and showed her thc notice
VA-I Lch had becn c1ipyx:d fron the yqer.
KRS. ;;V:XE T:?O::E)SOtT stated that in answer to ar. cole's quesbton,
she has becn a school teacher in .&he Stcb of Californla for 7 years; betoiw she could obtain a nursery school license the County Gelfare Departmnb, iietiLth Department mci Fbc Depsrtmnt all invcstigatod hcr home and every phase of' br background had been checked, The children From her school axe never in Lhe street; only acl~lts CM open Lhe fence :;ate; and the tra'fic is s bppd by children who are not in her school. None of her neighbors within 300 feet object to the school, nnd if any of them sho::.ld be in ill health, she would discontinue ibe schoole She then presented letters from parents who were unable to attend the meting,
The Secretary read the two letters presented by lJrs, Thonpson, one from llajor and drs, J, H. Tomlinson, and the other from ielrae Donald Hyder, both being in favor of nursery schoola.
CAPT, CRARFORD stated he was not qr:estionin:; hs. Thompson's quali- f ica tions .,
i3?. COLE stated .that as he understood it, if permission were Granted to operate the nursery school on Hi;;hland, anyone could open one any- where in the City and asked if tb Ordinance require6 thc si~natxres of ne l;hbors
TS. LK:PTOX stated she f'avorec the nursery school; that she lwi lived next :o a nursery school arci also next door to people rho ha6 2 dogs,
ad she preferred -i he ch ildren to clogs. She s Lntcx 5hat if' children were barreti, ciozs sho1.11ci be,
!X. YJCK stated that Lb testimony sec~~ed to be bascd on wbther day nurseries were advisable, and he knew they weme corwvenLeni; for xothers, but the vital tl1iP.g was whether R-1 zones should be opened to business enterprises, 11s stated that it 1ul;;ht not be financially possible to open up such places as exist In Los Angeles and other b€g cities, but if anyone is iciesfrous of going into that business venture, there is territory available other than in R-1 zones.
C-!LPT. CRAKFORD stated that it seemd the only ones present in favor of the school were those havinp; children in it,
The Chairman statsd that this is a public hearing and the Cormissfon is willinz to listen to mything anyone has to say that was pertinent to %e proposed mendment, but it was up to the Planning Cor;P.nission to consider the facts and bhe present arguin,.; was leading nowlxweo
KRS. GOREOY JOIETSON stated she .&ought one point had been missed; that this 1s not a day care center but an educational institution mere parents expect their childrcn to be taught somethinc, It isn't a dumpinz pound for working nothsrs to leave their children, but a place whero children wo tauzht to get alone 116th others their
own age and learn handicrafts,
MRS. CRAT,'FORD stated that there is a zoning law md when people buy in an R-f zone they expect the privileps of thaf; zone and not have It' constantly chaneed,
MRS. ":HOT?PSOl~ stated she wuld like to know the number of children %he City thinks it takes to make a nursery school; that th8re are
women all over tom in R-1 zones 'keeping children ard making money for it, Lots of people have 5 or 6 children within 8 to 10 gears and they could not be kopt out of a neig$hborhood. She stated she has only 10 children in her school and did not think they make my more noise than a family who has 6 or 8 children,
The public hearing was closed at 8t02 P.M.
The Chairman stated that a request had been made to have the Zoning Ordinance amended to allow day nurserfes in R-1 zones and they were permitted in H-2, R-3 and R-P zones. He read the conditions set forth in .the proposed Resolution of Intontion Yo* 7 and referred to the report of tlx5 Planning Consultant, &, Whitnall. The Secretary read Zr. Khitnall's report for the benefit of thosc.prosent, The Chalrruan thon stafed that he nished to clarify the fact that this proposod auendment is to permit nurseries in any R-1 zone in the City of Cwlsbad w-d. is not concerned with any particular nursery or location. Com;l. Stringer asked if the City had any rules End regulations set up in connoction with granting licenses if a Condi- tional Use pernit were granted. Corne IIayes stated that they me controlled very rigidly by the State Kelfare Department.
It was moved by Comc?. EbrI9t that Resolution of Intention Noo 7, proposing an amendment to the Zoning "rdinance to allow day nurseries In R-1 Zones with a Conditional. use Yermft, be denied for the follow- ing reasons :
1, The strongest reason wo1:ld be the facts set forth by our Planning Consultant,
2, While it is a very low form of business it is definitely a business, and, as we found several months ai;o when considering
mortuaries, it is against advice f'rorn almost every source to never let that breakdown appear in residential zoneso Sa, It would devaluate property in some circumstances,
Comm. Ebrlght furtbr stated it would appear that we should be strengtheninG our Ordinance rather than lessenin;: the restrictions,
ad pointed out the fact that all recent subdivisions have filed their om deod restr .ctions for the reason that they have not had any faith in the Comnission*s holding arm on the Zoning Ordinance,
Corn. StrinGer seconded the motion for the followinz reasons:
1, R-1 Zones are for orio-family residcncos znd businesses
2, The C0nr.i~ sion shovld vorlr for tho cor.emnity as a ahole and should not be allowed in them.
Conditional Use pernits S:iOUld. not bo usee my mre than necossaryo
Considerable discussion was zivcn tlds matter. COITJ, Jarvfe stated
he felt 3-1 zones were better sultcd &an other zones for day nur- series for "little folks", and that; the 6rdi=lmrce should be flexible enou:;h so that they could be changed wher, the need arose. Com~~ Iiayes stated we should think in term of neea ana that day nurseries are needed in certain R-1 zones. Comm. Fonrlel stated he vias in tavor of day nurseries In R-1 zones where it has been proven tlmt the management is adequate and there is a need for then, providixq the City has the right of reviewing them annually so they can be eliminated if conditions warranto Corn. Stringer stated he did not feel the conditions set fcrth In the proposed Resolution of Intention No, 7 were adequate and he felt the hatter needed more study before the Commission made a decision. The Chairman aslxcd for a roll call vote; Chairman Swirsky, Commissioners Fennel, Jarvfe, Bamgartner, Stringer
and hbright voted ''Yes" ; Coma, Hayes voted "no" a itlot ion c a:--ried
It was moved by Corm. Ferae1 am2 seconded by Corn. Jarvio that tb Chalrman api:oint 8 cormittee of 3 to study the facts in connection with allowinc day nurseries in R-1 zones with a Conditional Use Permit, and -hat $hey render a report to the Cormission at their earliest conve~l.ence. All ayes, notion carried.
The Chairman oppointod the cor;riittec as follows: Corn. Hayes, Chairman, ComTiss loners Fennel and Stringer,
KR. KOLB stated that the Church had becn in Carlsbad for 65 yearst and that the .:1;180,000 to .,,.200,000 for the buildins propm rrc.ulC hare to c oae from thefr 200 mmbers, so the;- have to cut corners . He requested Lkat the provisions for s idevralks on Carlsbad Blvd, ad Cedar Street be deleted as shorn in the bnorandum froln the Department of public Service to the Carlsbad Planning Co~mission, Items 1 and 2* Referring to Item 3 of the a-0, he stated thy planned 81 entrance driveway and an exit ,drive:*:ay to the parking lot but VJO uld likc to make then less than 209, He s tttted this is a 10 year building program, and that they imnted to put the sidewalks in as soon as possible, but c0ul.U not afford the initid outlay at this tine,
It was moved by Corn, Ebright and seconded by Corn, Fennel that
the Site Plan of St,. Mehael's Episcopal Cimrch be approved, subject to the report of' the City Engineer for tb improvcments and his recormndations with rererencc to en$.neerfng, upon the condition that the Church shovld not; be required tp install the sidewalks for a period of x1 months, mch a30er2ent bebz subjecst to %?LO ap?i?ovc1 of the C1%y Attorney,
Considerable discussion vms Given this r.latter. Coma. Dauqprtncr pointed aut that Carlsbad Elvd. is a 100' street a?d &he En@eerfnC report calls for a 64' street in that are&. The E'ngineer stated that this was In accordance with khe kster Street Plan, Lomsissioners Jarvie ald Stringer spoke in favor of Carlsbad 21vd. renainin,; at its present vidth. The Chairrm stated this was a rmtter for .the Council to decide tmd continued khe laatter until other matters on the Agenda were coverede
The Chairman as7% d for a vote on t hs notion now on the floor. Six
ayes, Coma, Fennel abstained. Kotion carried,
5- TEFTATIVE. SUBDIVISION TUP - Knowles Terrace. The tentative map, of bovrles Terrace was presented to the Cornmission for their review, The Chairman stated that this had been presented at the last meting but had been continued so that tlte various agency reports could be pesented in one rcporte
Proposed Resolutfon No. 84 was presented to the Cormission for their review, recormnending to the City Council Lhe approval of the tentative map of iffi0171eS Terrace, subject to certain conditions listed therein,
I
XR, DU?TAI,D IIOLLY asked that the Cor,miss ion grant a '6" variance on the
width of lots 22 srd 25 as it; would be impossible to have 70' widths with the street requirexents; and that the sidewalk requircments on Euena Vista and Pi0 Pic0 be waived as the subdivider is havin; tn put In wider streets in accordance with the &aster Street Plan,
It was moved by Come Strinser and seconded by Corn, &yes that the variance on Item 6 requesbinz a reduction of 6" on 31e widths of lots 22 and 25 be granted. All ayes, uotion carried,
. It was moved bp Coma Stringer and seconded by Comn. Jarvie that t he variance on Iten 10 requesting deletion of sidewalks be denied, for the following reasons:
1, A school will be built in that area and the children need
2, Vbre have waited too long to get sidewalks started in the town,
3? It would be very expensive for the people in construct side-
sidewalks to use in going back and forth rather than having to walk in thc streeto
and them vdll be other subdivisions on secondary streetso
walks for that we8 under the 1911 Aet,
Considerable discussion vsas Siven this matter. The Chairman asked for a roll call vote: Co;missioners Fennelo Jarvle and. Stringor voted ''yes1' ; ChaLrnan Sdrsky, Comiss loners Saunzartner, i-Iayes txncl Ebright
It was moved by Co?nij?. Zbr i:;ht seconded 'q CO;~. IIwjres that Resolution i;o, 84 be adopted, panti::; tho reque;tcd valvor on Item 6, and deleting Item 10 concerninl5 sldewalk requircmnts. The Chairman asked for aroll call vote. Chairrmn swirsky, Comnissionars Fennel, Jarvie, E.aungartner, liayes and &bri&t voted "yes"; Cowniasioner Strinser voted "no". 3esolution ISo, 84. adopted.
A short recess was declared by the Chairman, The meetin6 was recon- vened at lot05 P.M.
vo teG 1'n"' . The xotion died for lack of a clajority.
Chairlran Swirsky appointed Commissioner firight as Chairnan pro tem for the next portion of the meetiK, a& vacated his seat as Com- mission=. Comnisnioner Daumpmtner also vacated his seat as Com- missioner e
6- TEZ?:TA?'IVI< ST!E>IVISIOY I:AP - Village &mese The tentative map of illage Homes was presented to the Gomlssion fop? their reviewe Proposed Resolution No. 85 was presented t.o the Co-mission for their review, recormondiilg In the City Council the ayproval of the tenta- tive rmp of Village Homes, subject to certain conditions listed there in .
MR. DOYALD IIOLLY referred to Item 3 and atated that; a field survey ~€11 be mcie md the property dedicated Tor the proper tridth of Layna Driveo XI. YRTSON stated that if Lots 1 and 2 were less than 6,000 square Teat becaike of dedlcatinc property to the street, additional footage could be picked up *om Lots 8 md 9,
COL, 3. Y. S:.:ITH stated tila% he ob jccted to 1; he street plan of this proposed subdivision as it woulci completely lanu-lock one acre of his property which he might want to subdivide in the future, unless he can eventually get access to !lone Street, He suggested .to the Com- mission that they consider novfng the cul-de-sac where the rizht of way -Is indicated, otherwise part of his property and that adjacent to his could not; be developed, and Katson's plms coulu be rearranged so that he would lose no lots, He further stated that he had been away at the time these plans were developede
The Chairman stated that it was the duQ of the Comission to decide rhether or not tho subdivider complies with the laws of the 'ity , not to tell him how to develop his property.
COL. SXITH referred to Sections 1 and 201 of Ordinance 1.10, 9059, and stated that unless proper attention is paid to the development of the street, the future development of aiiuttlng property .is going to
be damagodo
K3. KATSON stated he mtllci like to clarify his position; that he had contacted Col, Snit11 and explained to him tho plans to subdivide the property adjacent to his, and hau also to12 Col, Sxitll he Viodd like to consider his parcol. The. Colonel had visited eho office, but L'atson YJ~S not aware of 111s stron; desires, I;'cttson stated that the Colonel was then abscrt; from the area and it vas neccssary to move quickly in order to {;;et bhe mp into the propor hqds for a hemin2 this evegfng; that a creak deal of pahs had been taken with the plans and tho bolonelfs properBty had been considered; that there were at least 3 different possibilities for the Solonel's property and that adjacent to his, i:'atson Wther s tatell that it VJQS impossible and impractical b extend the cul-de-sac wlthoul; some contribution on behalf of the land ownerso
Comtn, Jarvie asked hr. Tiatson if somethinif could be worked out be- tween film and the Colonel with- the next 2 weekso
MR. \":ATSON stated Ehat time is of the essence, but that if Col. Smith and the abjacent property owner wanted to consider sone nonetary contribution toward the large investment, somethin;; mi@ be worked out. Losin,.; a lot and picking up the Improvements in front of two lots would mount to an investment of several thousand dollarso
COL. SMITH stated he doubted he vrould as he vas asking for an ex- tension of a street t'mt he mould then have to exbed throu::h his property, and the adjacent property ovmer thmuch his,
It was mvcd by Con!. IIayes and seco3dod by Coma, Jarvie ikak Resolu- tron Yo. 85 be adopted, Corn, strill:;er stated he 'ihoucht the natter
should be delayed until the subdivider and the adjacent property owners worked out a tentative plan for a streot as accepting tie map as presented soulir be disregmdin:; tho Ordinance ~nZl other pople in 'che towno Comm. Fennel stated It m~ld be better to delay the matter until the time YJ~ are sure ne we not freezinc sorm property. The Chairmarl asked for ar 011 call vote, Chairmn pro tern Ebrit;ht, Commissioners Jarvie ami Hayes voted "Yes"; Com~iosloners Fennel and Stringer voteci 30 ; Chairman Svairsky and Comnissioner Baumgartnerr abstained. Resolution No? 85 adopted.
Chairman Swirslcy and Corn. Eamgartner resumed their chairso
11
Corn, Pence1 vacated his seat as Cormissioner,
7- STREET Y'IDTIISe It had been previously brought out tbat streets such as Carlsbad nvd. md Cedar St, were in excess of the required ri&t of way as designated by the sta-ndard street cross sections in the Master Street Plan
After considerable discussion by tb Planning Commission concerning the installation cf curbs and sidewalks on CarIsbad I3oulevard and
Cedar Street, Q motion was mcic by Cox dss ioner U:brif&C and
seconded by Comnissioner Gawqartnel* that, where th City now has a ri:;ht of way in e cess of the requfred ri$t of way as desimated by the standard street cross sections in the Idaster Street Plan, it is des-lrablc that &e City retain .thoso rl9ts of way ad, if any improvcmnts are installed such as curbs md sidewalks, that they be installed at the nom& interval for the existing ri@t of way as opposed to installin:; the improvemeats in accordance with the desippated size of the streeto Six ayes, Cor;un, Fennel abstafned,
rno t;i on c arr led,
The Chairman instructed the Secretary to prepare a memorandum to the City Council concernin;; ths action on streot widths, and lleport back im t he CowAission the out cone by the City Council.
8- Written corres~ondencee The Secretary stated that the letter from the California Roadside Council, which had been forwarded from the Council, had already been presented, The Chairman instructed the Secretary to forward the letter to 'ihe parks and Hecreatfon Cormlssion for comsnt and return.
9- Oral communications, There were no oral cormunications.
Respectfully subrnltted,