HomeMy WebLinkAbout1964-06-23; Planning Commission; MinutesCITY OF CARLSBAD 1 8. ' *.\ '*, 88888\8 \, '8 '8 .' I I I I I I I
: Minutes of: PLANNING COMMISSION I '\ \8 8, '\ '\ 'b June 23, 1964 I Date of Meeting: I ', '8 '\ 8 ; Time of Meeting: 7:30 P. M. i Name '8, '8%' '88 %+!, i
; Member $'@,p*O'$ 8 """"""""""""""""""""""""""""""-"""""""; """"""" ""- ""?;""'J !ROLL CALL was answered by Commissioners McCarthy, ~::B#I
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; Grant, Palmer, Lamb and Sutherland. Commissioner ; ,Il:l~
:McComas was absent. Also present were City Manager i I:;I:: i::;:;
Mamaux, City Attorney Wilson and Building Inspector I I ;::;:; i Osburn. I I :;i:::
I APPROVAL OF MINUTES:
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& Grant ; I" : I ; ;x; i (a) Mhutes of the adjourned meeting of June 4, 1964, Palmer ; !x:"! ; : i were approved as submitted. ; Lamb :x; :xi ;
I ; Sutherland i : : 1 :xi
1 :::I;; i (b) Minutes of the regular meeting of June 9, 1964, ! McCarthy : :x: : ; i were approved as corrected. Grant Ei :xi i i
I i Palmer i :x: ; ;
I I ; Lamb I :x;x: ; :
I i Southerland i I ; !xi
!WRITTEN COMMUNICATIONS: I I :;ii::
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Place of Meeting: Council Chambers : of '$89&8 ' \QL 80, 4. &?+ i
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;Memorandum from the City Manager regarding an amend4
;ment to the Subdivision Ordinace for underground utilities.:
:He reported that the Council had discussed this and asked : jtbt the Commission study and consider this matter. Ther4 :was also some discussion regarding the utilization of DMJM ;in the preparation of the desired ordinance.
!Chairman Palmer annmcd they would take this up later i
junder New Business.
:ORAL COMMUNICATIONS:
i (a) Thelie were no oral communications from the
:audience .
:PUBLIC HEARINGS:
i (a) RECLASSIFICATION, continued - To consider two I 1 lots from R - 1 to R-P on property located on the South- !westerly corner of Jefferson and Arbuckle. Applicant:
:Maurice S. Baird.
:Notice of hearing was read. Secretary Grant certified that:
:notice of the public hearing was given in the newspaper an4
:to property owners in the are.a. He then read the applica- :
tion.
:There were no written communications on this matter.
:The Chairman announced the Commission would now hear !from the applicant or his representative and any others :
:who are in favor of this reclassification.
!GLENN P. CWEADLE, 2820 Madison Street, stated that i
:he represented Mr. B,aird and pointed out the R-P and R-2
!zoning in the area and that this would be far more desirable
;and a better use to the community than it would be under ; iR -1. It would be an asset to the community and would alS4 ;conform the property to the existing zoning in the area. I
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1 1 I I :The Chairman announced the Commission would now hear i jfrom those opposed.
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:The public hearing was closed at 8:45 P. M. I
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!The width of Arbuckle Place was discussed and Mr. Cheadfe
:explained that several years ago the property owners on I
:Arbuckle Place offered dedication of their property to the
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City for street right of way. I I I I I ! D l
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:"""""""""""""""""""""""""""""""""""""-~""""-~"""" ""*"" I The Building Inspector reported that the majority of the i
i that the former City Attorney had worked to get dedication: i of the property which went to the center of the streets at ; : the Northeasterly corner of Arbuckle and Madison, and : : thought this was cleared up. He also explained that Arbuckle i Place Record of Survey No. 1186, and Madison Street i ! have 40' right of way, and Jefferson Street has an 80' I I:::* : right of way.
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property owners on Arbuckle Place live there, and explained
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There was considerable discussion on adopting a resoluti* 0;::::
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i of intention and zoning all of the area in yellow which is : : presently zoned R-1 to R-P, and whether the 40' right of I way was wide enough.
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A motion was made to adopt Resolution of Intention No. 50 i McCarthy i : :xi : :
i giving notice of intention to hold a public hearing to considbr Grant ; Ix:x: ; ; i zoning all of the property (described in yellow on the map) Palmer i : !xi : : i adjacent to Arbuckle Place between.J.efferson Street and-!! Lamb ;x: :x: ; i : Madison Street from R-1 to R-P, This would also include: Sutherlandi ! ;xi ; : : Mr. Baird's property.
i (b) RECLASSIFICATION, continued - To consider 7 loti
:from R-1-10 and R-1-15,000 to R-1-7500 on property loca$ed
on both sides of Park Drive between Adams and Hillside. : : Applicant: Kamar Construction Co. I Inc. , et al. t
: The City Attorney reported that Jerry Rombotis of Kamar i
: that this hearing be continued to the next regular meeting. i
: The Chairman announced the hearing is open and will I continue to be heard on July 14, 1964.
i There was discussion on whether a person who is absent I i can vote after reading the minutes when a hearing is ! continued. I I
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Construction Company telephoned at 5:OO P.M. and requesred
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8 8 8 I i (c) AMENDMENT to Section 500 of Ordinance No.9060 : to modify or delete the permitted uses listed thereunder : i regarding the keeping of animals in R-1 zones. Applicant4 ; Planning Commission Resolution of Intention No. 48. 8 I
: The Secretary certified to proper notice of public hearing I i in the newspaper and then reviewed Resolution of Intention:
:No. 48. 8 I
I The Secretary read two reports from the City Planner.
i Letters were read from the following who were in favor of; i keeping horses in the City:
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I I t : Royanne Delaney and Lady, 2750 Wilson Street I
: Janie Grant, 4056 Skyline Drive I
: James and Clara Delaney, 2750 Wilson Street
Milton M, Gair , 4050 Skyline Road
! Letters were read from the following who complained abo4t i having horses because of the odor and flies, and who felt : : that an amendment shouLd bo made to the present zoning i i ordinance regarding keeping h0r-s in R-1 zones: 1 Frederick and Clair Whiting, 1420 YOuPb11 Avenue i Mrs. Loma C. Cummings, 1769 Yourell -9 ; Wm. R, Toner I 1475 Yourell Avenue I Christene Bowling, 1425 Yourel1 Avenue
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I I : of '.&$8 8.t. @9',&&? '\\ ',e8 * :"-""""""-""""""""""""""""""""""""*"""""~""""""""" ; Member $e,$-$? "",""3 4%:
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i a non-conforming use existing for one year. I :'I
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i The Chairman announced the Commission would now hear !
I from those present who wished to speak on this matter. I
: Z. R. DEARMAND, 1415 Yourell Ave. * stated that he :::::: I believed that all of the lots should be zoned 10 000 sq. ft. ; ',I,,; :::::I i or over where horses are permitted.
: There was discussion on the effect an ordinance passed i I outlawing horses, would have on the horses that are now i *;a::: i on Yourell. * * I::!;:
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The City Attorney explained that according to Section 1703; : if the zone is changed, the use of the property could have i
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: MRS. LORNA CUMMINGS, 1769 Yourell Ave. , inquired i i if the horses are removed from Yourell and the City i permits horses, would other residents be able to have ;::::: : horses there and if they would still have to suffer from i i them having the horses there. She stated that she does : !I: 11:: ; not object to horses but believed they should be in their
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* I The City Attorney explained that they are still faced with I:;* ;::;I; *I
will be done by districts, '1111'
The Building Inspector stated that the present ordinance i
any R -1 zone.
I the problem of what the ordinance will be and whether it i
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I allows horses to be maintained on 10,000 square feet in i ::I:::
i MRS. VERNA GEISSINGER, 2370 Spruce Street, stated i :;I:*# I that her property is adjacent to the property where the i i horses are kept and are about 30' from their patio. The : i man uses barbed wire for the corral1 and keeps three * * ::;:;: ; horses confined in a small area, the pen being about 60' : :y::: by 30'. She felt this is a particular case and needs to be i ;:!:!: l1
i handled in a different manner.
i DR. SOBLAIR PACE 4539 El Camino Real, stated that he i worked on a Committee when the present zoning ordinance! : was adopted and was a former horse owner. He felt that i.
by changing the ordinance, it would only make a hardship : :::::, 1: : on those persons who keep their horses properly. NuisancFs ;"Im* i are created by improper ^stabling. There are many cases: : where 15,000 sq. ft. lots would not be suitable. He felt i
that some one in City Government should go out and be ab& ' !::+:I : to give "Cease and Desist'' orders when necessary. By i ;I:: i permitting horses in R-1-10 or over only, the City would: : be protecting the peopi e in subdivisions. Horses should i *I :I::
not be ridden on pavements.
i There was considerable discussion on whether each ownei ;::;:; should have a conditional use permit to keep a horse or ::;:::
I horses, and if proper conditions were not maintained, the: : permit could be revoked. I * :;;
I The Building Inspector reported that 50% of the horse I
1 DR. PACE stated that he did not believe the County Heal& i::!:! : Department would do anything about the horses unless i 'I:','
i there was a health menace. He felt there should be a nuisance enforcement in the City as barking dogs can be i ; a nuisance to neighbors also. He felt the nuisance enforce- i ment could see that horses are not kept near patios, and i ; that horses should not be kept in wire pens as it is not I :::;:: ::: : good for the horses either. He explained that he put i sawdust on the floor of his stable and this was kept clean.! ;a:::; 1;;1;1
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owners do not have stables for them.
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I i GRACE HILL 1726 Forest, stated that stabling would be i i a fine thing as the horses have broken out three times, 1 ; and she had taken pictures of them. The stabling would : : keep them out of other people's property. She inquired if i 1 horses are given rabies shots, and if horses require shot<.
i DR. PACE stated that horses are not required to have : shots unless there is an epidemic, and then the Public ; i Health Department does give out orders to require the I
:horses to have shots as they did about six years ago when ; i they were required to have Encephalitis shots. Horses are I very susceptible to tetanus and they may die of it but they : ; do not give it to humans.
i The City Attorney explained that the Building Inspector is ! I the enforcement officer for the zoning law. If the Cornmi& ; sion wished a penal condition regarding horses, the penal i i ordinance could be written by the Council. I I
: The Commission discussed proper housihg for horses, I adequate corral area, permanent fencing, adequate water i i and food facilities; that stables and pens should be 70' fro+ ; any window or door of a building used for human habitatiorl, : 40' from the property line in the event that the neighbor :
may put in a patio or swimming pool. Also discussed wert
!horses permitted in R-1-10 zones on Highland Drive. I I
I MR. DEARMAND stated that the horses do not stay in the i ; barns if they do have proper housing. i MRS. MARY GRANT, 4056 Skyline Drive, stated that thei i have adequate stables for their horses but felt they did not: :need them here as the horses do t s$a in them. She : i pointed out that horses in Impepi8$yy$ut in the sun. Shk : also called attention to the fact that lots zoned R-1-7.5 i I generally are 75l wide and would not allow sufficient space: : between the buildings. These people on Yourell do have a I i problem which could be resolved by permitting horses on19 :in R-1-10 or over.
:A special permit to keep horses was discussed and that it i should be obtained from the Building Inspector or the : Police Department.
: The City Attorney stated that he felt that proper housing ,
fencing, food, water and the minimum requirements shoul? : be more clearly defined. I I
: After further discussion, a motion was made to adopt Resolution No. 365 recommending amendment of Subsectiofis : (6)(b)(l) and (6)(b)(2) of Section 500 of Ordinance No.9060 ; regarding keeping of horses in R-1 zones, and that the site I shall be zoned R-1-10 or greater in area; I I : (2) No pen, stall or barn shall be kept or maintained withih I 70 feet of any window or door of any building used for hum$n ; habitation, nor within seventy feet of any building used fori : human habitation located on adjoining property if such ; i property is devoted to a use other than agriculture except I i facilities used for the raising of chinchillas. I I
I The reasons for recommending this amendment are:
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I I I I I I I I I I I 1. That the keeping of horses should not be allowed in:
areas zoned less than R-1-10 in area because of possible i i incident nuisance problems. I : 2. That the amendment herein proposed would promote i the general health, safety and welfare. 1 I
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The following resolution was presented! I
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Plannin Commission Resolution No. 365' A RESOLUTIdN ENT OF SUB- McCarthy ;; :; !x! : ;
!&%!I~b~(~Ak~~& $=CTION 500 OF ! Grant !x: ox: : 0RDINANCE.NO. 9060 REGARDING KEPPING OF HORSES Palrrier i ; :x: ; ; l;aI*
IN R-1 ZONES, was adopted by title only and further ; Lamb I :x;x: ; :
reading waived. I 'Sutherland: !x!
I :: I.1 I The Building Inspector asked that a definition be obtained : :;I:';
from the Humane Society regarding what is considered : ;;l:I1
1I;;Il proper housing for horses as it would be difficult to enforie ::;I::
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A recess was called at 9:5? P. M. Reconvened at 1O:lOPjM. ::;:::
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A motion was made by Commissioner Sutherland, seconded by Commissioner McCarthy, and passed, that the City i Attorney write a letter to the Council to accompany Reso-: lution No. 365, requesting that a "nuisance" ordinance be adopted which can be enforced regarding proper housing, i fencing, dust odors and flies etc. for horses or animals.;
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(d) AMENDMENT TO SUBSECTIkN 3 of Section 900 of i Ordinance No. 9060 - To permit On-sale beer and Off-Sal;
beer uses as an adjunct td another business on the Same i : lot in R-T zones. Applicant: City Council Resolution or i Intention No. 1 041 .
i Notice of hearing was read. The Secretary certified to :
; City Council Resolution of Intention No. 1041.
I The Chairman announced the Commission would now hear i : from those in favor of this amendment.
i JmFOX, 421 5 S. Harrison Street, stated that he was i : heartily in favor of this amendment.
: The Chairman announced the Commission would now hear i i from those opposed to this amendment.
i There were no persons present desiring to speak in oppo-! : sition.
: The public hearing was closed at 10:13 P. M.
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proper notice of hearing in the newspaper and then review4d I I I I I I I
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I I The Commission asked the reason For this amendment.
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I 8 i MR. FOX stated that he was handling beer for 6 months i i and was licensed by the ABC when it was p0U;ltsd out that ; : he did not have the proper zoning. ABC had posted hotice : i and the City did not appeal it. He received his license in ; the mail 30 days later. I I
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There was discussion on changing the whole ordinance on I
Commissioner Lamb referred to Page 338, Section 900, I I sub-paragraph 4 (a) R-T, "Rec". He stated that he was i ; in favor of this amendment but felt that the rest of Mr : : FOX'S business should be brought before the ~ommissio~ ! i with a "precise plan" according to R-T, "Recll
i MR. FOX reported the items that he sells in his business : i and that there are few businesses by the lagoon. He asked ; if the Summer would elapse and he would have to Continue : I cleaning up other people's beer cans by the case as he has!
; picqures of this.
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The City Attorney explained that if the Commission ignore!
Subsection (3) and look to Subsection (4) to broaden refresli-
ment facilities to include on-sale and off-sale beer, the I'
"REC" problem could be considered later.
The City Manager explained the intent of the Council was to expedite matters to permit Mr. Fox to sell beer. He ;
pointed out that an injustice was done to Mr. Fox and his I
license is now held in abeyance until this amendment to the
zoning is corrected. He felt that Mr. Fox should be permitted to sell beer in conjunction with his other business as people
are utilizing his property and are bringing their own beer J
there now, and he felt Mr. Fox should have relief from thts.
He felt the City should have an ordinance for the orderly : development of that lagoon facility. This amendment could be added to refreshment facilities. He explained that I apartment houses in the R-T zone would not want to sell !
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, liquor. After giving Mr. Fox relief and since the Commisi- 1- i;:;::
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sion have never enforced this portion of "Ret", the I I I I. 1
Commission could then review the zoning ordinance. If i I:;::!
be enforced. : the City has an ordinance that is workable, then it should ;
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I I I i The Commission discussed this further and felt that the : i bait shop on Carlsbad Boulevard might ask for a license to! !::+; : sell beer. The City Manager stated that since this bait : i shop has portabLe facilities, he did not feel this was : comparable.
I After further discussion, a mion was made to adopt I I::;:;
Resolution NO. 366 recommending to Council that Subsec-i :p:;l II
:tion 4 of Sedion 900 of Ordinance No. 9060 be amended to : I :::::: i read as follows:
i "(4) Any public or private recreation tacility such as I ! beaches, bathhouses, boat rides, boat launching and ; i docking facilities, dance halls, games of skill;
: uses as an adjunct to another business on the same lot;:
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I 3. That it is not contrary to good planning. I I ill::l
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No. 366. A RESOLUTIOV :;al;l :;::::
AN A~DMENT OF : McCarthy ! : : i
0. 9060 TO PERMIT ON-: Grant :xi :x: i ; I SALE BEER AND OFF-SALE BEER USES AS AN ADJUNC~ 'Palmer I I :xi ; i
; TO ANOTHER BUSINESS ON THE SAME LOT IN R-T i Lamb : ; !x: : : i Zones was adopted by title only and further reading : I Sutherlandi :x:x: 1,:;: : : : waived.
I After further discussion, the Chairman appointed COmmiSk' i:::;, i sioners Grant and Sutherland to serve on a committee to i i study "Ret" in R-T zoning and stated that he would work : 11111
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refreshment facilities, on-sale beer and off-sale beer i i:::;:
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i The following facts and reasons were found to exist which i make said amendment necessary to carry out the provisiorcs t:. .+ ; and general purpose of Ordinance No. 9060:
I 1. That said section presentty permits commercial : i uses compatible with said amendment.
I 2. That said amendment would be consistent with the : i present permitted uses in the zone.
: 4. That there was no opposition.
: The following resolution was presented:
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I Maps were presented to the Commission.
i DON HOLLY, Licensed Land Surveyor, 2499 State Street, i reported that there are no sewers available and these lots ;
; would be sewered by septic tanks. He had phoned Mr. : Whitman of the San Diego County Health Department and ! he had stated there were problems in the area but he did i I not say there was a problem on this subdivision.
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I 1 I I I I I I : The Secretary read a notation that Mr. Whitman had i called to discuss this subdivision with the City Engineer. i
! The Secretary then read the report from the City Engineer: I stating there were several substandard conditions propose4 : which should be carefully considered. (1) There is no i sanitary Sewer service proposed for any of the Lots. (2) ; : It will be impossible to serve water to lots 7-10 inclusive i
without installing a pressure reducing vault and distributioh : main on E1 Gamin0 Real. (3) Various lot areas and side- i i Yards may not Canply with the zoning code. (4) Proposed: : street width is below required minimum. The topography I
is extremely rough. He asked that the Commission defer : : action on this map as he would not be able to be at this i i meeting and wished to study this more. He felt that a : Committee from the Commission could contribute much i toward a good decision by making a routine review and i i onsite inspection of the proposed Subdivision with the : Engineering Department.
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I I I I I t I I MR. HOLLY called attention to Section 209 of SPh~ivision~ :Ordinance No. 9050, and stated that Dr. Pace had SeweraI:
discussions with the Engineering Department and he under! ! stood there was a possible solution. Mr. Holly talked to ; ;the City Engineer and the City Planner with a sketch utiLizqrg: ' i this property and they told him they could not use this. :
:He worked out the width of the street with the City Engineek i so he did not understand his report.
DR. J. BLAIR PACE, stated that he would like C acquaint? :the Commission with this area as thetopography is very sttep. i The building sites are all view sites and the building sites 1, * " :are way back from the circle. They may have to apply fori ! water line down Et Camino Real.
;No one can cut off their view as they are cantilevered homCs
:on a hillside. Percolation tests have been taken for septic! I tanks.
The Secretary reported that Letters had been written to the: ;various departments but the only report received was that i : 1I;;l;
;of the City Engineer.
\After further discussion; a motion was made to continue \ McCarthy i : !Xi : i l;@l;I
:this to the next regular meeting on July 14, 1964, for '. I Grant :xi :x: ; ; *I i further study and in order to be able to consider the ; Paber I ; ;xi : ; ; various departments recommendations and the committee'# Lamb I hi%: i i i report. ; I 8 SutEeddl . "* 181 i ;X\ : ;
::I::: \ The Chairman appointed Commissioners Lamb and McCarhy @I;::' i to study this subdivision and stated that he would be glad I ;;;I;:
1:41: i to serve with them on this committee. I I i;:'::
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: Mr. Holly offered his services as a guide to vist the site i I ,liIi!
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with the committee I
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OLD BUSINESS:
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I I 1 (a) Appeal of the Planning Commission's decision in i : granting a front yard variance for Eddie R. Vasquee.
; The City Attorney stated that this was brought back to the
: deemed approval of the Council's decision.
! It was pointed out that only 3 members were present at : i the hearing and the City Attorney stated that the three i
could take action on the Council's upholding of the appeal. :
i The Chairman pointed out that the appeal was made by a i : person who had already been granted a similar variance. I
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Commission and if no action is taken in 40 days, it is i
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: Amendment to C -1 , C -2 and M zones
: It was explained that Ken Norwood of DMJM was on vaca-I ::;;:: i tion and had not sent in his comments on this aoning, : however, Byron Barnes, Director of Planning had telephoGed i that day giving his comments on the M-1 and M-1 -A zoning. : These comments were presented to the Commission.
There was discussion on Industrial zoning and the Commii-
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II'I'; ; sion felt that due to the late hour, it would be better to i l;;I;I i consider this at another time.
; The City Attorney informed them they could have an i adjourned meeting to consider this. I :+;:
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I I : It was agreed that this be considered at an adjourned meeq * ;I-.
i ing on Tuesday, June 30, 1964. i NEW BUSINESS:
: The Chairman stated that he had asked the Commission to: study this at the last meeting. Some of the Commissione+$ : are only appointed for one year, and their terms expire. i :::::; These are facts to be considered when choosing new offic-s. a :::;:; :::!;!
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I (a) Election of Officers for 1964-65.
I * I I Commissioner Sutherland asked the present officers to : continue until the new Commissioner is present, before i i voting on this which they agreed to do. I I I I I I i ADJOURNMENT: I
i By proper motion the meeting was adjourned at 12:lO A. M. , : to Tuesday, June 30, 1964, at 7:30 P.M.
: Respectfully submitted,
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