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HomeMy WebLinkAbout1959-10-13; Planning Commission; Minutes1 October 13, 1959 le The meeting was called to order at 7:30 P.35, by Vice-Chairman Zahler, Present besides the Vice-Chairman were Commissioners Netka, Ward, Thomas,, Clizbe and Jarvie, Absent Chairman Stringer, 2- Hinutes of Septembar 22, 1952, It wao moved by Corn, Jarvie and seconded ky comm, Clizbe that the chutes of September 22, 1959 be approved as submitted, 6 ayes motion carried, 3- 4- WRITEjJ CONJKJNICATIQMS : a, The Secretary read a letter dated October lei, 1959, from 1,lrs. Grace Re Gardner, 11% Elm Ave,, Carlsbad, referrint: to her previous letter,, stating that the heavy traffic on Pi0 Pic0 and Elra Avenue was jeopardizing her health, and that the Standard Oil Coo wants that corner for a gas station, For the benefit of the new members on the Comnission, the Secretary reviewed what had transpired previously on this matter, and then stzted that he had contacted I-irs. Gardner and explained to her that the application for a zone change had not been received from the Standard Oil Co,, after which she had seemed satisfied and had stated that she would contact the Standard Oil Co, ORAL COM IUNICATIONS : a, The Secretxpy reminded the members of the Commission of the meeting on Thursday, October 15, 1959, at 1O:OO a,m,, regarding the development of the Vista Freeway to full. freeway standards, 5 HEARING - Varimco, Gontinued hearing on hqut?st of Louis V, Dyche for a variance - -to allow reduction of front footage-from 60, to 5OU; and - additional hearinen request of Louis V, Dyche for a reduc- tion in side yard set back from !ja to bo 4,5", to talll~~ a lot split of Lot 5, Block C, Alles Avocado Acres, located at $46 HardfPl~ St, The Secretary reviewed what had transpired at the previous meeting regarding the request. for seduction of front footage, With regard to the additional request for reduction in side yard set back, the notice of hearing was read, The Secretary certified as to the publication of Motice of Hearing and the mailing of notices to property owners in the area, and then read the application submitted by the owner setting forth the reams for requesting the variance, There was no written correspondence, No one present desired to make any comrlent, The public hearing was closed at 7:38 P,l.lo After some discussion by the Commission, it was moved by Corn, Jarvie and seconded by CQITWI, Thomas that Resolution No, 136 be adopted granting the request of Louis V, Dyche for reduction of front foot2ge fron 600 to 508 to &low a Pot split for. the foblowin, 3 reasons: b, The two houses already exist, so grantillg this variance will permit 2, Granting this variance will perrait the ].and to be used to its fullest 3, There are other small lots in the area so granting this variance will the owner to sell the houses individually, and best economic use 2s this i.s in an R-2 zone, not adversely affect the comprehensive general plan, or be detrimental to the property and improvements in the vicisity, The Vice-Chairman asked for a roll call vote. Resolution No, 136 adopted, It was then moved by Cmm, Jarxie and seconded by Corn, Thomas that Resolution No 137 be adopted granting the request. of Louis V Dyc'kie for reduction of side yard set back from 5D to bo 49 4,5" to dlfow a lot split for the folloxing reasons : 1, The two houses already exist, so granting this variance will permit 2, Granting this variance will permit the land to be used to its fullest 3o There are other small lots in the area so granting this variance will the owner to sell the houses individually, and best economic use as this is in an L2 zone, not adversely affect the comprehensive genera3 plan, or be detrimental to the property and improvements in the vicinity, The Vice-Chairman asked for a roll cdll vote, AYES: Vice..Chairna.n Zahler, Commissio~rs Netka, Iiard, Thomas, Clizbe and Jamie, 1JJOEs : None ABSENT : Chairman Stringer Resolution No, 137 adopted, 6- HEARING Li) RecLassFfication, Request of Andessor? and Sexton for change of zone fyom KJ., 15,OOO square feet to Ll, 10,000 square feet of p.roperty extending southerly from Sunnyhill Drive, being a pwtion of Tax Assessor s Parcel &, Book 34, Page 105, of the Assessorus Map of San Diego County6 Yot.ice of hearing was read, The Secretary certified as to the publication of Notice of Hewing and the nailing of notices to property owners in the area, The Secretary then read th? applicntion suhnittod by the owner setting forth the reasons for requestillg the variance, and stated that there is a tentative sub- division n?ap for La,nLanp Vista, Unit No, I, to be loczted in this area which calls for a reduction in Pot =ea from 15,000 square feet to 10,000 square feet, which is the rea50n for the 2 hearings scheduled on the same property, A letter dated October b2? 1959, addrsssed to the Planning Gomission, protesting this reduction in -ea requirements was read, together with the following names and addresses of those signing the letter: George W, Herkle, 4225 Sunnyhill Drive John E, Salaberry , 424.0 Sunnyhill Drive Alton J, Annable, 4220 SunnyhiU Drive G, R, Ball 4145 hnnyhill Drive George C, Protopapas 4225 Clearview Drive Elinor F, Worley, 4277 Sunnyhill Drive The Secretary pointed sut to the Comaission that the minimum required frontage for a,10,000 square fo3t zone would be the same as for a l5,OOO square foot zone, or 75 feet, 1.B- ROBERT ANDERSON. of Claremont, stated he is one of the owners of the property and introduced his ass.wiate, Mr. Sexton; that they are developers, not builders, and propose to make a subdivision where they will sell lots and not build horaes; that even though they were asking for 10,000 square foot minimum, many of the lots will be larger; that taey recently completed a project in Claremont with 10,000 square foot area lots, but the living area of the homes were a minimum of 1200 square feet, with the average being closer to 1900 or 2000, and the values run from $22,500 to $60 003 in a very highly restricted neighborhood, and they pro- pose the same type project for Carlabad, He then stated that the restrictions they intend to place on the subdivision would be higher than those in the sur- rounding neighborhood, and anyone building there would build in conformance with the area, He further stated that their improvement costs on these lots would be about as much as what :nost of the people paid for their larger lots originally, HRo &TON AHNADLE, 4223 Sunnyhill Dr,, asked bo Anderson how much property he owned in that particular =ea, lJRo ANDERSON stated thst they propose to buy 60 acres, but would develop only 10 acres at this time. MR. ANNABLE referred t.3 the statement that there wasn8 t much of a roll in that particular property, and stated that he used to hunt in that area, had been all over the ground, and it is very hil3y so would bve to be graded and he thought it would require a lot of cutting and filling which could be done properly on a 15,000 square foot area with more of a pad to build on, NR. ANDEXON stated that in some cases the lots would be up to 20,000 square feet where it was impossibls to grade them, IS, ANNABLE stated he did not know of any lots with less than 90 foot frontage in that area and it woiLd be detrimental +,a have 75 foot front lots there; and that if this request w3re grated they did not know what would happen in the future as he (Anderson) might request smaller lots, NR, ANDERSON stated thzt if they would like some guarantee on that, they would ask for a zone change m the onth-e 60 acres,, 13R. AMIW3LE stated that with the growth which there will be on the Lagoon, the smaller lots would me= their view would be nothing but roof tops; that the people in the area had put in their own sewem and are proud of the improvements they had made in the area; and he would hate to see the area ruined, MR, ANDJBSON stated that eventually someone would develop the property whether it wa3 them or not; that he only wanted to irapress the people with the one fact, and that was that they did not propose to come in and downgrade the development that is already there; that what they plan is at least as good, if not better, as they will have restrictions against some of the things that now exist in the area; and they simply wanted to get the lot sizes down to where they could make a business venture out of it, NR. DAWSON. Seacrest Estates, stated he cane to Carlsbad about 12 months ago; that the lots in the first unit were 12,500 to 15,000 square feet, and in the second unit they wem 10,000 square feet and over; that he liked the climate here and would hate to leave it, DR, I4ERKLE. 4225 Sunwhill Dr,, stated he wanted to talk about two things; that from a planning standpoint,, it would not be good to reduce the size of these lots to 10,000 square feet as they would be surrounded by an R1, 15,000 square foot zone; that there was no other area in Carlsbad that was zoned R1, 15,000 square feet, and if this request for a reduction in lot size were granted, it would lead up to a further reduction to 7,500 sqwe feet, He then said the other thing he wanted to talk about was speculation; that speculators are important because they do have the capital to develop; they buy land which is high and then cut it into as small lots as possible to make money; that these raen do not live in the comrnunity but suWvi.de, sell and leave, so they are not as concerned as those who reside here; that they complain about the high cost of improvements, but the people on Sunnyhill Drive were proud that they had brought in sewers, and what they objected to was the cutting up of the land into smaller sized lots, FRO SALABERRY, 4240 Sunnyhill Dron stated that one of the contributing factors of their buying in that area was that it is a 15,000 square foot minimum area and they had been assured it would remain that way. MRS my cALDI.JELL 4241 Sunnyhill Dr,, stated that she agreed with Dr , Nerkle and tlrQ Salaberry; that if it were changed to a 10,000 square foot area she could see no advantage except to the seller, MR, GEORGE PROTOPAPAS, 4225 Clearview Dr,, stated that if this reduction in lot size was acllomd, it would be setting a precedent for the rest of the area, HR, ANDERSON stated that regarding the points that had been made they hoped the development would last for several years; that Nre Sexton does have relatives in Carlsbad but they do nat promise to live here the rest of their lives; that every- 0n.e knows what a 10,OOC square foot lot is, so he thought there was more concern about the type of homes than the size of the lots; that many of the lots were so large in the swroundirg area that they were not being properly maintained; and that they could offer a. d3velopment that would be as nice in every way, if not nicer, than Carlsbad Highlands, The public hearing was closed at 8:08 P,IVI. Considerable discussion was given this matter by the Commission, during which Corn,, Clizbe stated that he has had a great deal of experience with subdivisions in Colorado and is presently developing one with lots having 150 foot frontage and 30,000 to 40,000 square feet in area, which has built up with fine homes when others mound it have not; and Comm, Jarvie discussed the present sewage problem and the additional. facilities which would be required for this subdivision, It was then moved by Comn, Clizbe' and seconded Corn, Ward that Resolution No, 134 be adopted denying the request of Anderson and Sexton for a change of zone from R-ls l5,OOO square feet, to ILL, 10,000 square feet, of property extending southerly from Sunnyhill Drive e being a portion of Tax Assessor8 s Parcel 4C Book 35, Page 105, of the AssessorPs Map of San Mego County for the following reasons: 1, The surrounding property owners registered both oral and written protests 2, This subdivision would 'be surrounded by an R1, 15,000 square foot zone and no favorable comments were received, and granting this requast could set a precedent for smaller lots in the remaining l5,OOO square foot area which might be detrimental to the surrounding property owners from this area and additional pumping stations would. be required, 30 The present sewage system is inadequate to handle the additional sewage 4, Granting this request would adversely affect the comprehensive general plan 0 The Vice-chairman askeg *for a roll call vote. A~S: Vice-Chaim Zahler, Commissioners Netka, Ward, Thomas, Clizbe and Jarvie, NOES : None. AUSZNT : Chairman Stringer Resolution No. 13h adopted 7- HEARING - Variance, &quest b~ South Coast Asphalt Cornw.rw for a Conditional. Use - PsMnit to operate an aSDh&t plant on a portion of Lot K and L a wrtion of Unnumbered Lot North of Lot J. Rancho Agua Hedionda. and known as the Xwron Ranch. Hotice of hearing was-read. The Secretary certified as to the publication of Notice of Hearing, Notices were not mailed to surrounding property owners as there is no record of ownership available in the City of Carlsbad, There was no written co~responce, The Secretary then called the Commissionas attention to an agreement between the City of Carlsbad and the County Health Department whereby plans and speckfications for certain types of industries were to be sub- mitted to the County Hsalth Officer for approval prior to issuing building pro mits in order to control air pollution, In view of the fact that the type of industry being considered by the Planning Commission in connection with this con- ditional use permit is one of those listed by the County Health Department as possibly contributifig to air pollution, and thak the City had an agreement to submit such plans to the Health Officer for approval prior to issuance of a build, ing pernit, the Commissioners 'were asked to consider making the submission of the plans and specifications for approval by the County Health Officer a condition to granting a conditional use permit. No one present desired to make any comment. The public heaping was closed at 8:20 P,M. IR, TIIOXAS L, STRZUTEX. of South Coast Asphalt Companys stated that he and Mr, Vaughan, of the Santa %e Equipment Company of Los Angeles, had gone to San Diego last Friday ad talked with Mra Kenneth Flocke, who was in charge of air pollution, and his ass.istant; that he had met Pir. Flocke when they built. the plant in Escondido; that Nro Flock8 and his assistant explained to them that San Diego does not have an Air Pollution Control Board at this time, but that it is handled through tho County Health Department; that the City Clerk seem to feel that they should go through the chain of conmand and get approval for the plant before building, but that is impossible under the present set up as they have to erect the building first, after which the stacks are tested; khat in erecting the plant, they intend to follow the air pollution control regulations as set up@ Los Angeles and Orange County which are very strict; that the plant in Esoondido had been a sizable investment and they had asked the Health Department: to come up at that time, and the Health Department had said they would help all they could and had sot up some rules and regulations then which they had not had previously; that the plant is almost 97% free of air pollution and they intend to comply with the rules and regulations and will ask the Health Department to check the stacks when the building is erectedo MZ, R, Po VAUGHAN stated he realized the floor discussion was closed and he was not familiar with the local laws; that he had been with Hr., Streuter in San Diego and there are no application forms or procedure to follow through at this time; that the County Health Department will be called upon to approve the installation before it goes into operation; that there are 2 distinct functions a a building permit and an air pollution permit, both independent of each other - so there is assurance of a smog free plant; that every plant owner is subject to an inspec.. tion at any time, and anyone found &lk$ of a violation is shut down. After considerable discussion by the Coxmissioners, it was decided that the approval of the plans and specifications by the County Health Department prior to the issuance of a building permit was an administrative matter and not one that should be properly considered by the Plming Commission, It was moved by Corn, Netka and seconded by Com~, Thomas that Resolution No, 138 be adopted granting the request of South Coast Asphalt Corrpany for a conditional we pernit to operate an asphalt plant, on a portion of Lot K and a portion of Unnumbered Lot North of Lot J, Rancho A;:;ua Iiodionda, and known as the Elarron Ranch, for the following reasons : 1, The location is idea for an asphalt plant, which is the intended use of the property, and will be an improvement in the areao 2, The type of plant planned will. create no dust,. smog or noise problem 3o There will be no hazard occasioned by the volume of traffic. 4. The construct,ion of this plant will not be detrimental to the public welfare or injurious to the property and bproveruents in the vicinity, 50 The plant will create a few jobs for the local citizens, 6, The plant will increase the tax revenue for the City of Carlsbad, 7, A creek comirg from the Vista sewerage plant runs through the property which can be utilized by the plant. The Vice-Chairman asked for a roll call vote. 8- 9- Resolution No, 133 adopted, A recess was declared by the Vice-Cbairman at 8:40 P,H, The meeting reconvened at 8:55 P.Mo TEYTATIVA SUBDIVISION llAP OF LAGUNA VISTA. UPJIT NO, 1 The Vice-Chairman stated that he had been informed during intermission that the subdividers wished to sontinue the hearing 3n this subdivision until a later date, as they are going to appeal the decision of the Planning Commission regarding the reclassification of this property to the City Council, It was the decision of the Commission to continue the hearing as requested, TEIITATIVE SUI3DIVISION :lAP OF LINDA ESTATES, UNIT NO. 2, The Secretary submitted the tentative subdivisi.on map of Linda Estates, Unit No, 2, and proposed Resolution No, 135 to the Convaission for their review, and read proposed Resolution No, 135, The Secretary then stated that Lot No, 1 is indicated as an R-3 1o.t and is located in a potential Re3 zone, but is presently zoned R-1; and that no application had been received requesting a zone change for Lot No, 1, HRa WM HOUY stated that rather than request a zone change at this time on Lot No, 1, they thought they would wait to see if the tentative mp is approved by the Planning Commission and City Council, after which they will institute the request for rezoning; that this lot is in a potential R-3 zone as set up by the City in its 1-laster Plan hecause of the SChOOl across the street, so requesting the zone change would just be a matter of formality, NR, ROY McNEIL. 3347 Honroe, stated that he lives right across the street from this proposed subdivision and did not know how the property across the street from him was figured as a potential R-3; that he was not in favor of having an apartment house across from him, and would like to know a little more about what they intend building; that, this was the first he knew of the zoning and asked when it happened, The Secretary stated that the zoning had been done in October, 1956, " HR. HOUY stzted that ,the City had recognized t?:Lia as being adapted to apartments hecause of its being azross the street. from the High school; that he was not sure whether or not the developers intended building an apartment house or using the lot as Rl, NR., BRATTON stated that it would not be a large apartment house because the lot was too small ; possibly 4 units or less, The public hearing was closed at 9:15 POWa Considerable discussion wa3 given this matter by Vne Commission, during which Corn, Jarvie stated that, as Chairman of the Subdivision Committee, he had called the Engineering Department and asked then to advise him when he could look over the subdivision with them and the subdividers, but that the Sngineering Departrent had never called him so he did not have a colntdttee report, It was moved by Corm, Jarvie md seconded by Corn. Netka that Resolution No, 135 be adopted recomr:lending to the City Council that the tentative map of Linda Estates, Unit No, 2, be approved, The Vice-Chairman asked for a roll oall vote. Vice-Chairman Zahler, Connissioners Netka, Ward, Thomas, clizbe and Jarvie, NO%: None, ABSEIJT : Chairman Stringer Resolution No. 135 adopted, 101 ADJOURM4ENT: By proper motion, the meeting was adjourned at 9:25 P,M, Respectfully submitted,