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HomeMy WebLinkAbout1965-06-08; Planning Commission; MinutesI I \,,- *-. I ICXTY OF CARLSBAD PLAhTING SCi"WSICN Minutes of: I I , '.,'*, 1 :Date of Meeting: Jure 8, 1065 I Name 'x,''?$, '\, $$A !Time of Meeting: 7: 30 P. M. ; of ',+ Q'* ' \9p, , :Place of Mee.';iag: Council Chambers i Member xp'e'\*.e "'4 i ROLL CALL was answered by Commissioners Palmateer, I :Grant, McComas, Lamb, Commissioner Freistadt was i I present at 7: 38 Po M. Commissioners Sutherland and : McCarthy were absent. Also present were City Attorney i :::;;; i &itson, Planning Director Schoell and Euilding Inspector ; ;:;:I' : Osburn. I I '.,',,"., ', '. '- I 't, '8 " 8, t89 +?i?%.g\\,#* : ; _"""_"_~__"_""""""""""""""""""" """""""""",-""-""""-:~:~-".--" ;::::: '::;I; I( :;:;:I I :::;:: 4 I I:;*:: I I 1 I ;,:I:: ;;4+ I I :Grant :xi : : I (a) Minutes of the regular meeting of May 25, 1965, ~McComas 1 !x: i ;: I ? :&:::I :I;::: I I I :i;::: I1 I I (a) Council action on Planning Matters was noted. i i;:::; ::;;:; iOKAL COMMUNICATIONS: ::;;:I I I ::::;; I I :!::;I !There were no oral communications. at:::; '(1 I I I I 1;: :PUBLIC EiEAdING: I I ;;:':: I I:#' I I I I ::;::: I (a) RECUSSIIFfCATION - 3-3 to C-2 (General ::;*': :;I::: ." !Commercial) on property located Northeasterly corner of i Ill; :the intersection of Carlsbad Blvd., and iiemlock Ave. , on i x::;; :;I*, !Lots 4 and 5, Block E, Palisades. Applicant: Sunny S. : ::ii:: : Batson. I I ;I::;: I ;iI:;: !Notice of hearing was read. Secretary Grant certified that; I1 ;:::;i !notice of the public hearing was given in the newspaper and; 1:::1; :to property owners in the area, and then read the applica- I ii!:!: Ition and signatures of those approving this. ; * 1'1 I I I 1::::: 9 I p;:;: iCommissioner Freistadt was present at 7:38 P. M. I I ;::;I I@'*;; '1; I ;:::;: ;Letters were read ,from the folbwlng @&sons who rq&&ed 4:::: rnrotest because they were opposed to commercial zonrng ; :::;;: :in a residential neighborhood; "spot" zoning; and added : i:: ;::::: jnoise and traffic: I ,8I1I: t I ;:x:;; ,,- a ::::I '1; !Mr. and Mrs. Earl C. McPherson, 6443 Miles Ave. , I I ::;::i I auntington Park I ::;;:I Geneva €3. Russell, 7817 Seville Ave. , Zuntington Park i ;II 11 ,Il:I; :Mrs. Maude C. Brunn, 141 Juniper Ave., Carlsbad * i;:::: :George Vi . Vierra, 3805 Garfield Ave., Carlsbad I :::I:: !Major it. and Kathryn B. e, 151 Hemlock Ave. , Carlsba4 1::::: ; 14' :Mrs. Rachel (Mrs. 3ames B. ) Hankins, 3655 Garfield, I I I:;::! I Carlsbad 1 :::;:; bl::; Dorothea and Dan Eckhart, 146 Juniper Ave., Carlsbad i i::::; :Mary Jane Shaw, owner of El Mirador Apartments, I I ;;#@:I I I I I;!:;: I 3570 Carlsbad Blvd. , Carlsbad I :;8la: I I I I ;l:':l I1:I; vice-chairman McComas announced the public hearing was! ::;::I :::I,; I* &pen and asked the applicant or his representative to speak! pnd any others in favor of this application. I ::;;:; I I I ::::i: &Td. TdONLAS 57'. SMITH, 111, Attorney in Cceanside, I ;*k;*; I I i!!;:; btated that he lives in Carlsbad and represented the bpplicant who wished to operate a restaurant on the pro- i i:::;; )pertyo This would mean remodeling the present home and :;;:;: l"l(I Were would be adequate parking. They did not propose a : ::1~11 pgh rise building so there would be no interferezee of *ews. de pointed out on the map the nearest: homes in the I block and estimated that it is about one mile to t-5e nearest i restaurant. Re referred to the letters from those stating : )hey intend to build homes on th.eir property End stated that: be felt the property was too valuablz for single family homds. iii:;; 'I , t' I I \ b' I ', ',, ',, ,, ' ' I ((II) I I APP3OVA.L CF MINUTES: i Palmateer ; !x: i I :Lamb I px: : i I were approved as corrected. I I i WRI TTFN CCMMUNICATIONS: I I 1 I I I I II'I I I I I I I( I I I *I 8 * I I I I I I I '11 I 1 I I I ;:i::: ::;::: ;:I::: :::;:I I:'I': ::::i: :::;:: I I I I ;::;:; I I I ;::::; I ! I(* ;i::i; 11 4 I I t ;:;:;: I I 8 e 1;;::: 1 ::;;;: I I I * I I e I@ L t! 'I! * I I b I I :"""""""""""""""-" -2- I t 0 I I I ,"""""""""""""""""""""~. i He called attentim to the restaurant and seed store on I I Carlsbad Boulevard between Tamarack and Redwood Ave- ; : nues and the liquor store on Carlsbad Boulevard. He i i stated this would be a relatively small restaurant with ; : adequate parking and they would be able to enter from : i Carlsbad Blvd, or ilemlock. de pointed out that this is a { : recreational area and the cost of the property lends itself i I to commercial type development. Je referred to Laguna ; : Beach being solidly built up of commercial developments : i along the coast, He stated they would be willing to accept : restrictions or a conditional use permit on this property ; i and would be willing to accept C-1 zoning and be restrictea : from selling liquor. i3e believed in the future it will go to i commercial zoning along the boulevard and there would be; i a more intensive use of the area. i I I I I I I i The Chairman inquired if there were any others present W~O would like to speak in favor of this or in behalf of the I I I applicant. I There were no others desiring to speak in favor, i The Chairman announced the Commission would now hear :from those wishing to speak in opposition. I I i MRS, FWNK NOVAK, 3878 Carlsbad Blvd. , stated that : Ishe objected to "spot" zoning and envisioned nice apartm4s :and hotels along Carlsbad Blvd, in the future. She stated : ithey have had a restaurant on Carlsbad Elvd. and Tamara4 :since 1946 and did considerable business there before the i :freeway was built. She stated they just have a lunch countgr :in operation now but intend to open the restaurant this I I :summer. She discussed the gross receipts of the restaur&t. iMdS, DOiXOTiiEA ECKHARDT, 146 Juniper, objected to :commercial zoning in their neighborhood, She stated they i :bought 3 lots and intend to put residences on them and she : :felt the coast line should be attractive for tourists. She !pointed out that this property is expensive because of the : :limitation of beach property. She did not feel the I :neighborhood would be able to support this restaurant and jthe Commission should consider the safety of the children I :going to the beaches. I I iMftS. GE:RTXUDE. Ti3CENSEGAnXDJ 3725 Garfield Street,! jstated that she is definitely opposed to "spot" zoning and ; :asked that this be delayed until after the Master Plan is : :adopted. I :MR. Sv'vANSON RITTEH, 1273 Chinquapin, stated that he :put his property up for sale but would take the sign down : !if this is denied. I !Other persons expressing objections to this reclassificatiod :for the reasons mentioned above. were: I I :MM, ALICE KILGOHE, Juniper and Carlsbad Blvd, I 8 !MRS. HEiZBERT HIGMAN who lives in San Clemente and bwns lots 6, 7 and 8 next to this property, I I !MRS. HELEN CLIMMER, 3871 Hemlock who also stated i %hat she had not signed the petition and would be opposed : 30 liquor being served there, I :MRS. VI;, L. STAILEY, 3690 Carlsbad Blvd. md her husbLFd, br. Stailey, I PRS. MAUDE BdUNN, I41 Juniper Ave. I NRS, KATHRYN RE, 1.5.1 Medock Ave. 1 I s I I I I I I I I I I I I I I I I I t I I I I I I I I I I I 8 I I I I I I I ! . I c - I I : : b i 0 1 I 4 * -3- * * ; _"____________""_ * ""_""""""""""""""""" :MRS. EDITH MINARIK, 3824 Carlsbad Blvd. :lyr&S. ELONA GUEST, 3670 Carlsbad Blwi. i &RS. JOANNA HUNGA, 135 Juniper Ave. i BOB NELSON, 155 Juniper Ave. I The Chairman asked Mr. Smith if he would like to speak : in rebuttal. : Mr. Smith, in rebuttal, stated that whenever there is a : 'l;@ll i situation where commercial use is proposed in a residen- i:;::: : tial area, the owners of single-family residential pro- i perties object. The property owners must realize that i 8 I there is a change in circumstances and that Mrs. Batson i bought the property, paid the taxes and cleaned the weeds : /4;: and should be allowed to develop her property. He agreed: 4:;:: ; to protect the City and property owners and accept re- i strictions. He did not feel this would be a burden on the i j The public hearing was closed at 8:43 P. M. i The Planning Director reviewed his written report and I i added that Paul Neal from Daniel, Mann, Johnson and Mendenhall had been down that day and looked at this 1 I I property and concurred with the Planning Directorls I : opinions. I I I i Points discussed by the Commission were that Novak's and i Ledgerwood's properties were in commercial use when i : zoned C-1; that this area is one of the most important I !portions of Carbbad; that the Master Plan envisioned i ithis area for high density residential development; that : :whether the business could survive economically was not i !up to the Commission to state. :Secretary Grant explained the requirements for acquiring : i a: liquor license. I I i When questioned about the applicant already remodeling the existing home , the Building Inspector stated that a per: :mit was issued to enclose the porch, but the Building De- ; jpartment had no jurisdiction over the inside of the house I :after it is built. I 0 :The City Attorney stated that if the property was rezoned i ithey could not restrict them from putting in a restaurant, I :and they could not have restrictions on a reclassification. : :After further discussion, a motion was made to adopt :Resolution No. 399 denying application for change of zone : :from R-3 to C-2 on said property for the following reason;: I 1. The change would not conform to the land uee :proposed for future development in this area. 0 I ' 2. That it would not be an extension of a C-2 zone ; :and would create an undesirable "spot" zone in this area i :of the City. :the welfare of the City of Carlsbad. !The following resolution was presented: I I I I * I 8 I i::;:: I ;:Ii:: 8 '*,I; I I ::;I:l I I 0 ::;:;: lsl;;; ii::;; I I 'I:;;; I * 1 ii:;;; :;;:;: I ;:*:': 1:;:: 0 ;:I: i:;::: I ::+; : city. I 8 I 0 I * I I I t 0 I I I I I I I I I I I I 1 I I I I I I I I 1 0 I * I * I I I I 3. That this change is not in the best interests of i I 0 I I I I I -mission Resolution No. 399. A RESOLUTION kalmateer I I PLmON &'OR CmF ZONE FROM Grant :R-3 TO C-2 ON PROPERTY AT NGRTHEASTERLY COR- WIcCornas bER OF THE INTERSECTION OF CARLSBAD BOULEVA@Freistadt WVD HEMLOCK AVENUE, was adopted by title only and ;&Lamb Further reading waived. I I I I I 0 I l I I * * I I * * ! * * F I I I I I I I I I I I I -4- I I I I :""""""""""""""""""""""""""""""""""""" I I I I I I -. A short recess was called at 8:56. Reconvened at 0:08 P. b. I 8 I I I 4 I i OLD BUSINESS: I 0 I 0 0 I 0 I (a) Conditional Use Permit at Fox's Snug Harbor. : The Secretary explained that a memorandum from the City Manager was read at the Planning Commission : meeting on May 25, 1965, regarding the Conditional Use i i Permit that was granted at Fox's Snug Harbor for over- : : night camping and a report from the Council committee. : He stated that Chairman Sutherland appointed a committe$ : to study this further with Secretary Grant serving as I i Chairman of the Committee. Secretary Grant and ; Commissioner McCarthy were unable to serve on the 0 committee, so Chairman Sutherland asked Commissioner i : Freistadt to serve as Chairman with Commissioners La& I and McComers, s I I 0 0 0 I 0 I 0 I I Several of the Commissioners reported receiving letters i i on this matter since the last meeting. i The City Attorney explained this was not a public hearing i ; but suggested the letters be read except those that were i i in duplication. 0 0 The following letters were read opposing this Conditional ; Use Permit for owernight camping: I I i Perry T. Loesch 8r Marguerite M. Loesch, 4228 Highlan4 i Drive. : Sidney F, and Lois R. Dunn, 4379 Highland Drive i Alfred E. R, Van de Velde, 1250 Hoover Street : Walter B. and Dorothy Parysch, 4378 Adams Street i Edward G, Hagen, 4407 Highland Drive : Jack R. Este8, 1199 Tamarack Ave. 0 I I I 0 I I I 0 I I I I I l I 8 I I I I I Paul R. Heinback, 1275 Hoover Street 0 The Secretary read the report from the Planning Commisi ; sion committee, I I ! Commissioner Lamb stated that he agreed with the report: i but since the report was written he would like to make a i : couple of changes as an addendum to this report. He b i asked to make the following changes: I I * 0 I * I I I I 1 0 0 1, That the number of spaces be reduced to 10 i 0 2, That the time limit for this permit shall be for I I 3, That the area be designated R-T "Rec" in i parking bays. I i 18 months. I I i accordance with the R-T Zoning Ordinance before this : permit becomes effective. : Commissioner Lamb stated this property was never con- i sidered for "Rec" and he believed that everything down ; : there was a non-conforming use except the house. I I : The Cornmission considered the report and discussed the ! different points. It was pointed out that the applicant had ; i originally asked for overnight camping for one night and i ; the Commission had extended it to 3 nights. I I I 0 0 I I 0 I I I 0 I I 0 0 I 0 I I 0 * * I I I I I 0 I 0 I t : I I 0 I I I 0 I I 0 I I I I I I 1 * I I I I I I I I I I O I -5- Name 8, I : of I I I 0 I i ! The Building Inspector explained that the City does not i enforce the regulations imposed I on trailers and mobile : ; homes by the State and questioned whether the State would! i enforce the added restrictions imposed by the City. i The City Attorney explained that the City would have i jurisdiction of these added restrictions and the applicant ; would have to comply with them or the City could put i : them out of business. I O ! A motion was made and passed that the Planning Director I i of this committee report as reviewed with Commissioner : Grant ; Lamb's minority report attached to it, and that this i &Comas ; report be submitted to the Council at their next regular : Lamb i meeting. i Freistadt I : i Mr. Eugene Wernigk, 4264 Highland Dr., stated that he i understands the Commission are going to submit this i : report to the Council and the Council will have the final : i decision on the matter. I 4 I I I I I 0 I 8 0 a and staff prepare a report for the Council using the text i Palmateer 0 * I I I The City Attorney explained that the Commission had : done what they were suppose to do in considering this * I matter and had read all of the correspondence. There -4 I no provisions made requiring the Commission to hold ; : another public hearing. I I I I O I I 0 I O I I (b) Zoning in County Southeast of Carlsbad. I The Planning Director reported that he, Paul Neal, and i ; Dr. Palmateer had attended the meeting in San Diego of ; i the County Planning Commission on May 28, 1965, and i I had agreed with the majority of the zoning but had voiced : : opposition to the location of some industrial and commer-: i Mr. Neal will forward more maps down from DMJM and i : talk to the Commissioners on this, I I I cia1 uses as directed by the Carlsbad Planning Commissi&. I I I I O I I O I O 0 I O I O I I O I I I I I Xi I I I O 0 0 0 I I O 0 I 1 0 O I 0 I I O 0 I I I I I I O I O 0 0 0 0 I O I : NEW BUSINESS: I I I i t 0 (a) Maps of Freeway Enlargement through Carlsbac), I O I I : The Planning Director stated that the State Division of Highways has presented some preliminary maps of the : enlargement of the Freeway through Carlsbad which are ; at the City Hall for the public to see. There was some i : discussion on this matter. O I (b) The Ghabman announced that Mr. Erickson i 0 I I O a * i would like to speak to the Commission. * 0 I 1 0 I I Mr. Bob Erickson, Fallbrook, stated that he is with a I San Diego Development Corporation, the SEA and they : are considering building a film plant in this area for packaging plastic bags. They would like to locate in the i City of Carlsbad. He explained that they need to be near i the ocean and the railroad. The plant would be as clean ; as a hospital with not much noise, I I I O 8 l I I O I I O 0 1 I O I I After some discussion it was agreed that the Planning i Director assist Mr. Erickson in locating sites for his ; plant. The Commission suggested that Mr. Erickson i contact the Chamber of Commerce also on finding a ; location. I I I I O 0 0 I O 0 I I I O * I I b I b -6- I I I I I I I I I I D l ! I (c) Pro ress report on DMJM. The Planning Director riMJM on Friday and i : reviewed all of the work sheets and maps. He took a copi i of their State contract with him and went over it with : Mr. Neal point by point to determine which work has been! -eted and which has not. He stated that Mr. Neal of : ; DMJM was in Carlsbad today and worked with the Planning Department and the Engineering Department on the Maste? : Plan street system on which they are now in accord. I : He reported that he had talked to the representative from I I I I I I I I the State and there was no problem in getting an exten- i sion of time. Paul Neal is re-writing his report and the : ; Planning Director felt that definite progress is being mad+. I ! $ 8 ! ADJOURNMENT: i ! By proper notion the meeting was adjourned at 10: 30 Pa Mi ! I I 8 ; Respectfully submitted, i DOROTHY"M. SOUSA ; Recording Secretary ! i I D I I I I I I I I I I I I D I I D I I 1 I I I I I I D I I I I I I I D I I * I * I I I I I I I I I I I I I D 8 D I I I I I I I I I I a i l e l I * * I I I I I I I 4 I I I I I I I l e I I I I I I I I I I I I b I I I I I I 1 I I I I 4 I I I * I I I I * I I I * I I I I I I I I D b I I I l e 0 * I I B D l I D I I I I I I I I 8 8 I l e I I D I I I I I I I I I I 1 0 8