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HomeMy WebLinkAbout1962-08-14; Planning Commission; MinutesMINUTES OF THE CARLSBAD CITY PLANNING COMMISSION MEETING August 14, 1962 The meeting was called to order at 7:30 P.M., by Chairman Ewald. Present besides the Chairman were Commissioners Davis, Ward, Grant, Palmer, Jarvie and Sonneman. Approval of Minutes of July 24, 1962. A motion was made by Commissioner Jarvie and seconded by Commissioner Sonneman that the minutes of July 24, 1962 be approved as corrected. All ayes, motion carried. Written Communications. ~ . -~ ~- . ~~ ~. ~- There were no written communications. Oral Communications. There were no oral communications. HEARING - RECLASSIFICATION - Request of Carlsbad City Planning Commission bv Resolution of Intention No. 30 to amend brdinaxe No. 9060 bv reclassification from "~ .. . . - -~ a'' (Industrial Zone) to Zone R-A (R esl- dential Anricultural) of DroDertv situated on the ~ -a ~~~ ~ Last sidcof the Sania F; RiilrGad at the Southerly boundary of Carlsbad and knowp as a portion of buth Carlsbad Annexation No. 1.1" and all of "South Carlsbad Annexation No. 1.2", consisting of approximately 65 acres. The Secretary certified as to publication of notice of hearing and that notices had been sent to property owners in the area. The Secretary reviewed Resolution of Intention No. 30 initiating this amendment. The Secretary read a memorandum from the City Attorney, Mrs. Barbara Lang Bettd regarding this reclassification. Mrs. Betts called attention to the findings of the Carlsbad City Planning Commission by Resolution No. 52 on February 11, 1958, and that after a public hearing held on March 4, 1958, the City Council had adopted the findings of the Planning Commission's Resolution No. 52 and thereafter by ordinance reclassified the property from Zone R-A to Zone "M". The then owners of the real property, predecessors in interest to the present owners, entered into an agreement on the 1 lth day of April, 1958, after their land was reclassified, to bring water to these lands. Solamar Mobile Estates contributed $2,938.67 to the cost of the water main extension, and Carlsbad Industrial Development Co. , contributed $4,047.50. Development was therefore commenced on these lands. In reliance upon the industrial zoning the lands have been sold. She reminded the Commission that industrial zoned property demands a higher price on the market than property zoned R-A and that should the Commission determine that these lands should be rezoned back to R-A they should have substantial reasons and'supporting evidence why the circumstances have changed to justify their depreciating the market values of these properties by legislative act. The Secretary then read a letter from Louis Lombardi, Attorney at Law, 510 West Sixth Street, Los Angeles , to the Carlsbad City Planning Commission, Attention of Mr Ewald , Chairman, regarding the 6 5 acres owned by Roy H. Sheldon and associ- ates. He called attention to the fact that this property was purchased by the present owners upon representation that it was zoned I'M" (Industrial), and as such they paid more than ordinarily would be paid if it were zoned for residential-agricultural use. The owners of said 65 acres have received offers to buy the land in question for industrial purposes and the purchase price offered exceeds the price that could be asked if it were zoned as residential-agricultural property. He pointed out that if this zone is changed, the owners will suffer considerable monetary loss. There has been some discussion that State Highway may build close to or in the middle of the 65 acres in question and that in condemnation proceedings the value which the owners would receive would be far less if the property were zoned R-A than if it were zoned M. If this zone change is granted, his clients will suffer damages and therefore they have asked him to file a formal protest to the change. As a matter of law, if they suffer monetary damages, the owners are entitled to compensation for said damages. Chairman Ewald stated that generally the proponents are heard first but since this was initiated by the Flanning Commission, asked to hear from the opponents. ROY SHELDON, 510 W. Sixth St. , Los. Angeles, stated that he felt the letter his attorney had written was sufficient and would not talk unless asked to as he has gone through condemnation proceedings and has been on commissions and did not want to take up any more time than was necessary. DR. N. H. JESCH, owner of Solamar Mobil Estates, registered objection to this zonc change after discovering that it would be possible for adjacent property owners to have a chicken ranch if they desired, if this were zoned R-A. The public hearing was closed at 7:46 P.M. Commissioner Sonneman stated that she was the only one on the Commission opposed to changing the zone on this property and is still opposed as it will be bisected by the freeway; is adjacent to the railroad right of way, and the proposed sewer phnt will be on part of this property and to the south of it; and would not be the best usage of the land. The property was sold and bought as M property and is sure M property brought a higher price than agricultural property. With the verification of the City Attorney, she felt this zone should not be changed. Commissioner Grant stated that he was absent when this Resolution of Intention was adopted but was the one who instigated this as he was on a Mayor's committee studyir M zoning around the airport and felt this property would be better zoned R-A. He dii not feel the fact that this property is in a flight pattern would affect this property as there are residential homes in flight patterns. Manufacturing can go in and it would be incompatible with surroundings and the Doctor from Solamar Mobil Estates reache his decision when he found out that a chicken farm could go in there at the back of his property. He did not believe the present conditions, like growing tomatoes, will bother anyone like manufacturing as there would be fumes, etc. , from the manufac - tur ing . DR. JESCH stated that he was not opposed to a strictly residential area being there and thought it would be find but is opposed to a hog farm being there. Chairman Ewald read the permitted uses in a R-A zone and the Secretary reviewed the permitted uses in an M zone. MR. SHELDON stated that he could have sold this property 3 different times at a very substantial gain to him and thinks this matter should be deferred until the High- way definitely decides what they are going to do. He has had occasicn to sell the entire piece of property which could have been used as a manufacturing site similar to those in El Monte, in the midst of nice residential homes. It is the only site adjacent to the railroad that is zoned M. The first year, >he taxes were $250. and this last year they were $3600. The county has a desire to buy certain portion of the acreage. It will not be a discredit to Carlsbad as whoever buys it will not do anything undesirable. The majority of people in town would approve this for indus- trial property. He knows all this territory from San Diego to Los Angeles. He believes there is an error in the records, and that Solamar was zoned at the time it was sold. Mr. Sheldon would like to buy the property next to his and has consulted with a real estate man in the City to buy it as he should have something available to the spur. He questioned the fact that any of the Commission would want to live there The City wants 8 acres of his Land for the sewer plant and the delay has been betweer the State and County over 150 feet. They wanted 8 acres on the lower end of his property. He is very much puzzled why the Commission would want to consider a change of zone at this time as the City will have to pay damages on this. Commissioner Sonneman stated that when Mr. Sheldon mentioned "an error" she believed the description in the ordinance took in this property. The Secretary reported that the ordinance is ambiguous as it included all of South Carlsbad Annexation 1.1, however, on researching the record is perfectly clear it was the intention to zone only that portion east of the railroad to "M". South Carlsbz Annexation 1.1 is east and west of the railroad and South Carlsbad Annexation 1.2 is east of the railroad. When you go back into the records it is clear what the intent was. After considerable discussion, Commissioner Grant moved that Resolution of Intention No. 30 be adopted for the reasons stated therein. The motion died for lack of a second. Resolution No. 257. A RESOLUTION OF THE CARLSBAD CITY PLANNING VG RECLASSIFICATION OF CERTAIN DESIGNATED PROPERT IN THE CITY OF CARLSBAD FROM M TO R-A, was adopted on Commissioner Sonneman's motion, seconded by Commissioner Davis. It was agreed that the following facts exist: 1. That property is presently zoned M and in its present state is most suitable to that zone. 2. That it is adjacent to the railroad tracks. 3. That there are proposed plans for having a freeway bisect this property. 4. That there is a proposed sewer plant adjacent to this property. 5. That because of topography, only a small area would be desirable for residential-development and it would be more desirable as M zone. AYES: Commissioners Davis, Ward, Ewald, Palmer, Jarvie and Sonneman. NOES: Commissioner Grant. ABSENT: None. I -4 - HEARING - PROPOSED AMENDMENT - Request of Carlsbad City Planning Commis- sion by Resolution of Intention No. 3 1 to amend Ordinance No. 9060 by deleting the words "Auto Courts" from the following sections thereof: Article 2, Section 253 Article 7, Section 700 (6) Article 9, Section 900 (3) Article 10, Section 1000 (14) The Secretary certified as to publication of notice of hearing and reviewed Resolution of Intention No. 3 1 initiating this amendment. There were no oral or written communications on this proposed amendment. No one present spoke for or against this matter, The public hearing was closed at 8:39 P.M. After a short discussion it was agreed to amend Ordinance No. 9060 by deleting the words "Auto Courts" for the following reasons: 1. The term has become obsolescent and fallen into disuse. 2. The retention of this obsolescent term in the land use ordinance results in ambiguity and confusion and therefore it serves the best public interests as a whole to delete it from said ordinance. The following Resolution was presented for consideration: Resolution No. 258. A RESOLUTION OF THE CARLSBAD CITY PLANNING COM- BY DELETING THE WORDS "AUTO COURTS", was adopted on Commissioner Palmer's motion, seconded by Commissioner Ward. ~~ETMENT TO ORDINANCE NO. 9060 OF THE CITY OF CARLSBAD AYES: Commissioner Davis, Ward, Ewald, Palmer, Jarvie and Sonneman. NOES: Commissioner Grant. ABSENT: None. A short recess was called at 8:44. Reconvened at 8:59 P.M. Commissioner Davis left the meeting at 8:59 P. M. because he did not feel well. Old Business. (a) Report on zoning East Carlsbad Annexation 2.2. The Secretary reported that he had talked to Kay Katicka regarding his property and their desires are to have it zoned R -A with potential M on this. He has written the Escondido Plaza regarding their property but has not heard from them yet. Chairman Ewald reported that most of the owners would be agreeable to R-A, and that the reason it was held over was because of the zoning on Calaveras and the Carlsbad Municipal Water District. The Secretary called attention to Article 15, Section 1506, Public Utilities operating as a water source. In order to prevent any future conflict, the Secretary believed it was highly advisable that they consider zoning Calaveras Lake and the Carlsbad Municipal Water District property Industrial as a Conditional Use Permit is not a matter of public record unless some one comes to the City Hall to inquire about it, and not many take the trouble to explore this. It may be 4 or 5 years before they do anything and if this is zoned M, everyone would know of this zone and there would not be any of the unpleasantness like they had at Terramar over the San Diego Gas and Electric Company's rezone of property from R-1 to M. There was a discussion regarding the surrounding property. Commissioner Grant stated that he believed Calaveras Lake and the Carlsbad Municipal Water District property should be zoned "Potential and R-A for the rest of the property. The question of whether it will be legal to have a zone placed on the 2 parcels that would not run with the land was raised. The Secretary stated he did not think it would be legal, but would check with the City Attorney. JACK KUBOTA , Engineer for the Carlsbad Municipal Water District, stated that the District appreciates the Commission helping them out. They have a half million dollar investment in a 52 acre site, which is Squire's Dam. The water works facili - ties are the primary concern of the Water District so that it can develop its compo- nents# the reservoir. He pointed out that Lake Murray and Lake Alvarado have filtration plants there now. Mr. Kubota stated that he would like to preserve the usefulness of the property and if later the people want softer water a they may have a filtration plant there. He is interested in preserving the identity of the 52 acre site and wants the freedom to build water works facility and to avoid misunderstand- ings with neighbors. He hopes it will be a pretty lake when finished as there will be 14 acres of water service. Commissioner Palmer stated that he had visited several lakes in Los Angeles that day and that property owners strive to buy property next to these lakes like Silver Lake and Tajunga Lake. He pointed out that water is our life blood and this little area is on top of a hill and has no other motives. He has had an unofficial answer from an attorney that zoning can be applied to this property. He does not feel the Commission should wait 4 or 5 years before zoning this M. The Chairman asked the Secretary to consult other cities regarding M zoning on property operating as a public utility. (b) Report on height limitations on buildings. The Secretary gave a report on the following cities: Newport Beach. R-3 zone formerly had height limitation of 35', or 75' upon obtaining a use permit. At present time it is 35' with no exceptions. R-4 or R -T had 50' height limitation which could be increased by use permit; at present there is a 50' heighttimitation with additional height of 15' allowed for mechanical appurtenances such as elevator shafts and refrigeration for air condition ing . C -0 has 50' for multi-dwelling , apartments, hotels, professional offices, clubs , restaurants, retail and wholesale sales, light manufacturing under use permit. The total floor area not to exceed 5 times the buildable area of the site, provided the height limitation not exceed 85' with 15' additional allowance for mechanical appurtenances a such as elevator shafts ? etc. C-1 was formerly 35' and could be increased to 75' by use permit. Now the floor area is not to increase by 2 times the buildable floor area with a 35' maximum M-1 is 50' with 4 times buildable area not to exceed 50'. ". Laguna Beach. R-3 zone has 30' limitation measured from curb and on through but higher curb line. Exception where rear lot line is higher than front lot line. R-4 zone permits Multi-dwellings, hotel without liquor and restaurant; rooming house, home for the aged, rest home , parking lot and has a 30' limitation. C-l zone is direct customer contact, neighborhood convenience with 20', site plan and architectural plan to be approved by Commission. C-3 zone is the City center trading area and is general commercial with 50' limitations. C-4 zone is the highway and related commercial uses with height limitation of 30'. C -4-A is unlimited commercial with height limitation of 30'. C-5 is appartments and crafts with 20' limitation. C-H is the hotel zone with 50' height limitation. San Clemente recently adopted a new ordinance in May, 1962 which is R -3 -G (Gar den apartment district) allows triplexes multiple family units, apart - ment houses with a maxiumum height of 25'. Section 4.3 allows churches, public and parochial schools, other public uses ? including public and non-private recreation use with 25' limitation; may go to max- imum of 50' on conditional use permit. Gross floor area of 2/3 of the building site. R-3 (Multiple Residential District) allows all uses in R-1 and R-2, multi-family dwellings, apartment houses, rooming and boarding houses with a maximum height of 25'. R-4 (Multiple Residential District) allows multi-family dwellings, apartments, dwellin groups ? rooming and boarding? hotels and motels, rest homes , trailer courts f subject to local trailer ordinance) with a maximum height of 45'. Accessory uses to hotels, motels, trailer courts to include bars and restaurants and conven- ience shops provided they open from court or lobby with access directly to street: churches, public and private schools, including non-profit private recreation area. C-E Executive District, professional administration, executive, editorial offices ? research Laboratories , cartography, blue printing or other reproduction ? hospitals with maximum limitation of 45'. ?- -7- H-S Highway Service District, Multi-family units (4 or more), hotels, restaurants , motels, bars , refreshment stands, curio, and souvenirs; retail and service uses as set out in C-1, service stations, and trailer parks with a maximum height of 45'. C - 1 Neighborhood commercial. Uses when conducted within building: Bakeries, (retail) food, hardware, banks , barber shops, beauty parlors, book stores, photo studios , jewelers, variety, shoe shops , and drug stores. Professional offices , florists, department stores, cleaning agencies, service stations, social halls , lodges, fraternal organizations, public utility buildings, parking lots, theaters, mortuaries, fraternal organizations and clubs, and real estate offices with use permit, with a maximum height Limitation of 30'. C-2 Central Commercial District, retail stores, personal service establishments including appliance stores, bakeries, etc. , hotels, motels, drive -ins, auto repair shops, rest homes; the maximum floor area not to exceed 3 1/2 times the building site if over 40' in height but not to exceed 70'. C -2-C Controlled central commercial district, all uses permitted in R -3 and C-2 districts. Maximum height by special use permit. C-3 Heavy commercial district, gross floor area 3 1/2 times building site if over 40', maximum height is 70'. M-1 Planned industrial District, gross floor area 3 1/2 times building site if over 40' , maximum height is 70'. "2 Industrial District, gross floor area 3 1/2 times building site if over 40', maximum height is 70'. The Secretary also prepared memorandums for the Commission to consider as a guide as one of the problems today is the sufficient supply of light and air, and this has been fairly successfully controlled by zoning regulations on height limitations. The problem of limiting building capacity through height limitations has not been too successful in so far as it relates to the capacity of streets to handle the increased volume of traffic. Different kinds of buiidings attract different amounts of traffic so that a uniform height restriction throughout one district is not necessarily an entire15 satisfactory solution. For example, a six story department store will generate man) times as much traffic as a six story office building. There was a discussion regarding off street parking in regards to height limitations and the widths of streets and the amount of traffic. The Secretary pointed out that in his opinion off street parking is not strict enough now as it provides for one off street parking for each dwelling unit and most families are likely to have two cars , plus the fact that they have visitors , etc. Chairman Ewald stated they have not appointed a committee to study this as the Secretary has been studying other cities. Oceanside has 35' limitation and is also studying this matter. Commissioner Grant stated that they might favorably increase the height of buildings and leave an open door to be granted on special use permit with the Planning Com- mission's approval as larger bui€dings might require different arrangements such as parking may be on the roof or below the building. The Secretary stated that New York City and Long Island do not have parking lots as they are all on top of the buildings or below , as the land is too valuable to use for parking surfaces. C. R. "Toby" Thornton, Assistant City Engineer stated that an important thing to be considered in planning is where the height limitation is measured from. The "building height" means a vertical distance measured from the average level of the highest and lowest point of that portion of the building-site covered by the building to the ceiling of the uppermost story. On through lots one hundred firty feet or less in depth, the height of a building on such lot may be measured from the sidewalk level of the street on which the building fronts, The criterion between the front line and back lot line on beach property varies considerably at times. There are two specific meanings there which should be clarified. Commissioner Palmer remarked about the loss of view and the restriction of light and air as tall buildings along the ocean will cast a shadow all afternoon, Commissioner Sonneman stated that when the first two story house went up in the Palisades, there was quite a commotion. The Secretary stated there was some relief in that the requirements had been changed from 1200 square feet to 850 square feet of lot area per unit in R-3 zones. Chairman Ewald asked the Engineering Department to give their opinions on this and to report their recommendations at the next meeting. (c) Lagoon zoning, Commissioner Sonneman reported that she has acquired some important books on this subject and has not anything to present at this time as it takes considerable condensing down. Chairman Ewald asked when the Planning Technician would be here. Mr. Thornton reported that all applications have to be in by August 31, 1962, SO it would be after that date. New Business. (a) Discussion of Chestnut Avenue and Tamarack Avenue. The Secretary presented Resolution of Intention No, 31. After discussing this, upon motion by Commissioner Sonneman and seconded by Commissioner Palmer, it was unanimously agreed that a memorandum be sent to the Council for their comments and recommendations. Chairman Ewald stated there is a 60' easement on Mr. Phipps property adjacent to property by Pirates Cove and it comes out near Jay Hoffman's egg farm on El Camino Real. The Chairman has a Harbor Engineer's map showing a street going across on the east side of the lagoon and would bring it over for their decision on this , There was a discussion regarding precise planning streets. Mr. Thornton stated that Park Drive to Shelter Cove will have a 62' right of way, and the rest of existing Park Drive has a 50' right of way. Hillside and Highland are designated as a secondary street and due to the topography will undoubtedly have a 62' right of way. -9 - Mr. Thornton stated the engineering department has been asked to precise plan Elm Avenue. Mr. Lowell A. Rathbun, City Engineer, stated that a suggested priority list for street improvement projects was presented at the last council meeting and these are setup under the following classifications: Urgent , preferred and routine. There were no changes made except for urgent priority for interum surfacing for State Street. (b) Mr. Rathbun presented a proposed amendment to Ordinance No. 9050, Sub- divisions, to repeal and supersede Article V, Section 500 for the commission and Councils consideration . Mr. Rathbun stated that the engineering department has matters coming up that may be urgent regarding improvements provided by property owners requesting lot splits. He has been advised by the City Attorney that our ordinance is set up under Subdivision Map Act. There is a conflict in the application interpretation of this Act and the State Real Estate Act as under the Subdivision Map Act a property owner may split 4 lots in a year without putting in improvements and then may come back later and split more lots. He has conferred with other cities regarding this situation. He believes that property owners proposing lot splits should also be required to put in improvements comparable to subdivisions with provision for exception for cases where all improvements may not be practicable. Mr. Thornton stated that owners of future lot splits should be required to put improvements in, using descretion of the engineering department if away from the sewer , and in regards to sidewalks and curbs and improvements to the center of the street. Adjournment. By proper motion the meeting was adjourned at 10:28 P.M. Respectfully submitted, J: H. PRICEf@Secretary