HomeMy WebLinkAbout1961-04-11; Planning Commission; Minutes..
Agua Hedionda, according to a Map thereof
8823, in the City of Carlsbad.
Notice of hearing was read. The Secretary certified as to publication of notice
of hearing and the mailing of notices to property owners in the area. The Sec-
retary then read the application, setting forth the reasons for requesting the
conditional use permit and containing two signatures in support of the applica-
t ion.
There were five items of correspondence on this matter.
Letter from J. B. Askew, MD, Director of Public Health and Air Pollution Control
Officer, County of San Diego, subjecting approval of this conditional use per-
mit to certain conditions.
Letter from City of Carlsbad Fire Der&.. dated Ami1 5. 1961. recommendina that
,.dNUTES OF THE RZGULAH MEETING Ok
CARLSBAD CITY PLANNING COP34ISSION * April 11, 1961
The meeting was called to order at 7:30 P.M. by Chairman Jarvie. Present besides
the Chairman were Commissioners Davis, Hardwick, Kistler, Ward and Hughes. Ab-
sent, Commissioner Grant.
Approval of Minutes of March 28, 1961. A motion was made by Commissioner
Kistler and seconded by Commissioner Ward that the minutes of March 28, 1961 be
approved as submitted, All ayes, motion carried.
Written Communications:
There were no written communications.
Oral Communications:
There were no orat communications.
Election of Officers for 1961-62:
The Chairman requested that this matter be taken up after the public hearings
were over.
CONTINUATION OF AMENDMENT TO ORDINANCE 9060 allowing a conditional use permit
for the idoman's Club of Carlsbad's clubhouse on property on the east side of
Monroe Street.
MRS. B.M. CHRISTIANSEN, 2479 Ocean Street, speaking for the members of the
Woman's Club, requested that this matter be continued to the meeting of April
25th due to the fact that something new had come up regarding their request for
a conditional use permit. It was agreed to continue this matter as requested.
HEARING - CONDITIONAL USE PERMIT - Request of South Coast Asphalt Products CO.~
lnc. for a conditional use permit for quarry
operations and controlled blasting on proper-
ty located on the south side of Vista 'day,
Hwy 78. being a portion of Lot K and a por-
tion of unnumbered Lot north of Lot J,Rancho
the applicant comply with the Fire Prevention Code of the City of Carlsbad,
Article 11, as adopted by city ordinance No. 2020.
Letter from the City Engineering Department recommending that a consultant ex-
perienced in the field of geology explosive technology be retained by the app-
licant to determine the effect of controlled btlasting on underground utilities
and that the applicant post a bond to cover the City of Carlsbad's public
utilities and roadways.
Telegram, dated April 11, from Dr. Grant Beckstrand, objecting to the granting
of the permit because it would be, in his opinion, as a property owner in the
area, detrimental to the community and the development of property in the area.
Telegram, dated April 11, 1961, from Dr. Emery S. Moore, objecting to the grant-
ing of the permit because it would, in his opinion as a property owner in the
area, be detrimental to advancement of the community and development of property
in the area.
Letter from Glenn R. Feist, Attorney at LAW, representing Mrs. Sally Cornell,
et al, Ocean Vista Heights Development Company, A.J. Industries, Inc., Western
Counties Development Company and Union Title Insurance Company, all of whom
own considerable acreage in the area, protesting the granting of this permit
because in their opinions, it would substantially depreciate property valuss in
the vicinity of the proposed plant.
Letter from Shoreline Investment Club, dated April all, 1961, who own property
in the area, protesting the granting of this request.
THOMAS STREUTER, South Coast Asphalt Products Co, Inc., showed the Commission
pictures of the site, including aerial views, and also pictures of the type of
equipment that would be used and topographical views. He explained that it was
2 3/10 miles away from Tri-City Hospital and pointed out the location of the
crushers. Further, they planned to pave the road but were waiting for compact-
ion. He knew that Dr. Moore had bought property there from Mr. Hayes but the
crushers were a couple of thousand feet from his property and they have spray
bars on the crushers to keep down the dust. He stated that all the equipment
they were going to install was the most up to date type for air pollution con-
trol and that they definitely would meet all the requirements of the Air Pollu-
tion Board. He stated they would comply with the requirements of the Health
Department, and also with the Fire Prevention Code of the City of Carlsbad as
adopted by ordinance No. 2020 and that even further than that,they wanted an attractive plant and planned to landscape it. He went on to say that as far as
noise for the Tri-City Hospital went, there would be no more moise than there
was right now. He pointed out that in Oceanside there was a similar type of plant right near the Oceanside Hospital.
MR. MILES, Vista Mason Metal and Supply, Vista, California, stated that he had
been a blasting contractor for many years but both from the point of air blast-
ing and vibration, the blasting should cause no need for concern. As it is, it could not be felt over at the hospital. There is too much earth and distance
between them. Unless comething went very wrong, it would not be heard at the
hospital, actually not as much as the guns from Pendleton.
GLENN FEIST, Attorney at Law, La Grenada at Paseo Delicias, Rancho Santa Fe,
representing his clients, stated that when this plant first went in,the people
of Oceanside were not notified of the hearing for the conditional use permit.
Two of his clients own about 1000 acres in that area and the El Camino Country
Club is there. Almost every person around that area has said that this is not
what they want. The plant in Oceanside near the hospital that Mr. Streuter re-
ferred to is not the same type of operation as the applicant's; it is more of a
washing oper tion. However much the applicant talks about its not having an
effect on the Tri-City Hospital, there are others in the area who are trying to
develop property and they would not like a rock crusher sitting in the middle of
it. It is not the only place in which they can crush rocks. It is true they
have money invested there but so do the property owners in the area. He stated
that if any of the Commission have awakened to the noise of a truck driving
down the Freeway, they would realize how much noise will be made by the big
D-8 tractors and the rock crushing. Landscaping is fine, but it is a little
difficult to landscape a pile of rock. It is in full view of Vista Way and is
not just what you would choose for a view for a residential area. He felt that
unless the applicant planned a short term operation they would eventually have
to blast the hill,
MR. PAUL SWIRSKY, 580 Elm Street, stated that he was appearing as attorney for
the Tri-City Hospital. It was felt that there were certain factors that should
be brought to the Commission's attention with regards to the operation of a
hospital, and the effect this type of operation would have on a hospital. At
the time the site for the hospital was picked, it was necessary to get approval
from state and federal authorities. One of the factors required for approval
of a site was that it be free from noise such as quarry operations. He felt
the permit should not be granted as the shock from the blasting would effect
the electronic testing devices used in a hospital and the noise factor would
be bad.
MR. S. A. PENCE, Tri-City Hospital, stated that Mr, Swirsky had covered the
points of the hospital's objection to the permit and added that the alarm factor
to the patients also entered into the picture, and also there was a dust factor
due to the fact that the prevailing winds would carry dust toward the hospital.
They have a great deal of delicate electronic equipment that can be damaged
by shock waves.
DR. EMERY MOORE, 1098 Atlantic, Long Beach displayed some pictures of the terr-
ain,which he stated, spoke for themselves. He stated that he was the nearest
neighbor to the applicant and that Mr. Streuter had admitted that he would not
like to sleep next to one of the rock crushers. He requested, along with Dr.
Beckstrand, that this permit not be granted.
MR. CUPPLES, Santee, representing Vulk-McLean Communities, Inc., stated that
there wgs not much more to say about the surrounding property which was all
going to be developed into residential property. They had quite an investment
in running in sewer and water lines and no rock crushing plant was going to be
an addition to a residential neighborhood.
MR. MC COLGAN, A. J. Industries, Los Angeles showed on a map what portion of
their property the company was developing at present. They have allotted
$250,000 to develop two tracts and have purchased this area of 500 acres around
El Camino Country Club for two million dollars. He felt that the effect a rock
crushing plant would have on a residential neighborhood had already been brought
out. It would be a great financial loss to A.J. Industries as the roads and util-
ities are already installed. Joshua Tree Land Co. is also developing a parcel
near the club and it would be injurious also to them.
ERNEST TAYLOR, Director of Oceanside Planning Uept., Oceanside, stated that
he had been directed by the planning cmission of Oceanside to appear before
this planning comnission to let them know that these people had development i.T.
plans which had been approved by Oceanside Planning Commission besides the financial investment and he further wanted to call to the attention of the
commission the fact that the zoning ordinance that permits this type of oper-
ation requires that it should not be objectionable because of noise, dust,
vibration, etc. People have testified that all these factors would be present
and the Oceanside Planning Comnission suggests that if this conditional use
permit is granted, these restrictions should be placed upon it.
MR STREUTER stated that as far as the blasting affecting the hospital, they
would only blast 1,2 or 3 times a year. As to dust, they had invested thous-
ands of dollars to put in a dust control unit and one can see from the stack
that there is no smoke coming out. They are un:-'er the jurisdiction of the San
Diego County Smog Control Board. The reason they have not landscaped as yet
is that they have only been in operation two years and he had been tied up
trying to run the plant.. They have another plant in Escondido. He displayed
more pictures for the benefit of the cornmission and mentioned that there is an-
other plant similar to theirs in Mission Gorge, San Diego, which was among the
pictures. He stated they did not want to be a nuisance to anyone and that
there would be no dust blowing over to the Tri-City Hospital. The dust is
valuable to them and they would not want any of it to escape. They planned
to make an expenditure of $175,000 and employ 5 or 6 met! permanently. They
will also try to make it as attractive as possible but they, like everyone
else that is developing out in that area, wanted to make mney and the only
other rock that he knows of that is available is Meadow Lark Ranch where they
have a permit for 5 years. They will be very glad to put up a Surety Bond.
It is a very competetive field that they are in and he would be glad to
have the cmissioners go out there and look over the plant.
The public hearing was closed at 8:45.
A short recess was called at this time. Reconvened at 9 P.M.
Commissioner Hughes asked Mr. Streuter if he were correct in understanding that
he (Mr. Streuter) was willing to put up a Surety Bond, meet the requirements
of the Air Pollution Control Board, the Fire De;jartment's recommendations and
also landscape the property. Mr. Streuter answered in the affirmative.
A motion was made by Comnissioner Hughes and seconded by Commissiondr Ward
that Resolution #204 be adopted granting the conditional use permit subject
to the recmendations of the San Diego County Air Pollution Control Board
and the San Diego County Health Department, the recommendations of the
Carlsbad Fire Department, and the posting of a Surety Bond covering the City
of Carlsbad's public utilities and roadways,for the following reasons:
1. The particular use is compatible with the site and in consideration of
other existing and potential uses in the general area.
2. The factors of noise, smoke, dust, vibration, odors and other hazards
would not be detrimental to the surrounding properties.
The Chairman asked for a roll call vote.
AYES: Chairman Jarvie, Conmissioners Davis, Kistler, Hardwick, Ward and
NOES : None Hughes
- -5-
ABSENT: Comnissioner Grant
Resolution No. 204 adopted.
8.. HEARING - VARIANCE - Request of Eddie R. Vasquez for a variance of front yard
from 20 feet to 5 feet; east side yard from 10 feet to
5 feet; rear yard from 20 feet to 10 feet 6 inches and to
create one uncovered and paved off-street parking space
" to westerly property line and to the front property line,
in order to convert a dwelling into a 4 unit apartment on
property at 2340 Ocean St. more particularly d,escribed
as Lots 42 and 43 Granville Park, according to Map thereof
1782, in the City of Carlsbad.
Notice of hearing was read. The Secretary certified as to publicetion of notic@
of hearing and the mailing of notices to property owners in the area. The
Secretary then read the applidation, setting forth the reasons for requesting
the variance.
Letter from Hazel B. Robinson, dated AFril 7, 1961, requesting that the variance be granted for the reason that it would be a beneficial improvement and an
asset to the neighborhood and comnunity.
Letter from Mr. and Mrs. John Doolan, dated April 10, 1961, in favor of the
granting of the variance.
Letter from Mr. and Mrs. W.D. Garrett, dated April 10, 1961, requesting that if
the variance be granted, it be stipulated that the planned structure not
project beyond the existing building on lot 41.
EDDIE R. VASQUEZ, 2340 Ocean St., stated that he felt that inasmuch as this
variance was granted to him before, he thought it should be granted again. He
was not able to get a loan in time to get his permit within the year the
variance lasted. He felt it was more in the way of being an extension of his
former variance than the granting of a new variance. As far as the building's
lining up with the others, there are not two buildings that line up on that street. His contractor and he had me:>sured it and his building will extend
2 and a fraction feet in front of the Garrett's building on Lot 41, but will
still be 2 feet in back of the building on the west side of the Vasquez home.
ThSs building is 14 feet in front and is way out of line. He had requested
his former variance first and upon being granted it, went ahead with his plans
and paid $700.00 for the plans, and has close to $1,000.00 invested to date.
He felt, in summation, that he should be granted the variance since, on the
strength of being granted the first one, he had gone ahead as far as he had
on it and since others in the area have this privilege, he sholld have the same
privileges.
MRS. GORDON JOHNSTON, 3945 Highland, stated that as a property owner in the
area, she could see no objection to have an apartment house there. The person
objecting to this variqnce was given a variance and even built contrary to the
variance. As far as the parking space goes, any extra parking space in that
area is good as it is so congested.
MAJOR W.C. ATKINSON, Army & Navy Academy, ststed that the Academy owns all the
property across the street from the property under consideration. He is famil-
iar with this appiication and what Mr. Vasquez says is true; there is no align-
ment of property on that street. This building would enhance the area more than
his present modest home. He did not know if there is any opposition relating to
a view but,if there is,that would be of little consequence as the Academy plans
to build its own apartment across the street which would be a two story apart-
ment and it would take away the view of the lagoon and ocean. As to off-street
parking, that is all right a8 far as he is concerned since most of the cars
park in the street anyway and it creates congestion which helps the Academy as
they desire vehiculer traffic around the school to be kept to a minimum.
ROBEitT KOLB, 2830 Ocean, stated that he had seen the Vasquez plans and approves
of them and welcomes any such development in the neighborhood.
W. D. GARRETT, 2382 Ocean, stated that, as had been pointed out, he and Mrs.
Garrett owned property on both sides of Mr. Vasquez and there seemed to be some
misunderstanding about their feelings on the subject. They have seen the plans
and feel that the building will be an addition to the neighborhood, Certain
variances have been granted in that area but none with a 5 ft. front yard. That
condition exists in Balboa and Newport and you cannot open your garage doors if there is someone on the sfdewal , The parking space, if ever cover.id by a
garage would not be adequate. If the building is placed so that it does not
protrude beyond their building on Lo* 41 it will be alright. Mr. Kolb has
evidently changed his mond because he was against our building too near the
front when we built,
MRS. W, D. GARRETT, 2382 Ocean, stated that there were two questions in her
mind. If a variance were granted for lots 42 and 43 together, would this not
let the owner put any buildings up to the 5 foot set-back, The other question
was that the parking lot has to be placed where it can be covered and she
wondered if he was going to be able to cover it in the future. If so that would
put the garage right up to the front lot line, Her building on the west ex-
tends out in front of Mr. Vasquez but so does the building on the west of her.
MR. VASQUE2 stated that his garage was set back further than his home is now.
The garage is 27.8 feet from the curb and 20 feet from the property line. As to
the off-street parking area, when his building is completed, if he is allowed
to go ahead with it, he could not cover the parking area,
The public hearing was closed at 9:30,
The Chairman told the Commissioners the background of the case and there was
considerable discussion as to what the set-backs were in that area. The Secre-
tary told the Commissioners specifically what the front set-backs of the houses
in the inmediate area were and that these had all been county variances with
the exception of one.
MRS. GARRETT objected to certain statements made by the chairman in his back-
ground of the case ; the Chairman ruled that the public hearing portion was
closed, however, Mrs. Garrett was permitted to state her objections.
A motion was made by Commissioner Hughes and seconded by Commissioner Hardwick
to adopt Res, #205 granting this variance for the following reasons:
1, That such variance is necessary for the preservation and enjoyment of
a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question,
2. ThaC the granting of such variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located.
The Chairman asked for a roll call vote.
AYES: Chairman Jarvie, Commissioners Davis, Hardwick, Kistler, Ward, Hughes
NOES: None
ABSENT: Commissioner Grant
Resolution #205 adopted.
9- Old Business
There was no old business.
10- Hew Business:
Chairman Jarvie called to the attention of the Commission the fact that the
luncheon meeting of the Directors of the San Diego County Planning Congress
was on April 17th from 12:OO Noon to 2:OO P.M. at the Rancho Presidio Hotel
in Mission Valley. The Secretary was directed to make reservations for five.
Election of Officers for 1961-62
The Secretary stated that the offices of Chairman and Vice-chairman were open.
Nominations for the office of Chairman were opened by the Secretary. Commission-
er Hughes nominated Commissioner Grant for the office of Chairman, seconded by
Commissioner Kistler. There were no other nominations for Chairman. John Grant
was elected Chairman by a unanimous vote.
Nominations for the office of Vice-chairman were opened by the Secretary.
Commissioner Kistler nominated Commissioner Hughes for the office of Vice-chair-
man. Commissioner Hardwick seconded the nomination. There were no other nomi-
nations for Vice-chairman. Comissioner Hughes was elected Vice-chairman by a
unanimous vote.
11- Adjournment.
By proper motion the meeting was adjourned at 1O:OO P.M.
Respectfully submitted,
J. H. PRICE, Secretary