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HomeMy WebLinkAbout1969-08-26; Planning Commission; MinutesMINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CI I-V OF CARLSBAD PLANNING COMMISSION AUGUST 26, 1969 7:30 P.M. COUNC I L CHAMBERS ROLL CALL: City staff representatives present: Stuart Wilson, Cit Attorney, Joe Olinghouse,' Planning Director, and Joe Ispano and Hunter Cook of the Engineering Department. APPROVAL OF MINUTES: I (a) Minutes of the regular meeting of August 12,1969 were approved by a motion receiving a unanimous voice vote. P A M A A I (a) The Secretary read a letter from the State's Divis ion of Highways to the Commission advising of the hear- ing scheduled for September 23 at 1O:OO AM, in the Carlsbad City Council Chambers, the subject of which is the proposed Chestnut Avenue Undercrossing of lnterstat 15 in this city, All interested persons and/or views of this project were requested for discussion at this pub- 1 ic hearing. (b) The Secretary briefed a memorandum from the League f California Cities regarding Annual Conference Resolu tions which would be considered by the Planning Depart- ent during the Business Session September 30, 1969. Copies of these resolutions were attached, and the sec- retary requested that the Planning secretary mail each Commissioner a set of these attachments for review, prior to the Annual Conference in San Francisco. (c) Continued - A memorandum/report dated August 22, 1969 from the City Engineer was introduced and it was requested that Mr. Cook present his recommendations re- t P arding -the Final Map for Carlsbad Manor Unit #l. Mr. Cook displayed the Parcel Map for the 61 lots proposed by the developer, which also indicated those modifications recommended by the Engineering Department as to streets, etc. He referenced the former Planning Commission action in November 1968 and outlined certain conditions of approval for this development as set forth in Council Resolution No. 1447. The modification of these conditions which would cul-de-sac Alder Avenue at the subdivision's boundary to avoid a hazardous traffic situation was explained. It was pointed out that Tamarack Avenue would serve the subdivision as a thru-street. .. he modification of original Condition No. 6 involving he smaller parcel on Park Drive and originally contain d in this development was explained. It was further xplained this parcel was never legally separated from he development's property and.the developer was experi ncing considerable problems and delay with this parcel he developer felt he could not: fulfill the obligations f Condition No. 6 regarding this parcel and wished to e relieved from it. Mr. Cook presented the Cityls need nd wishes regarding this par.ce1, but felt the request f the developer was not unreasonable. rese bsen otio ,yes bsen COMMISSIONERS CITY OF CARLSBAD -2- The Commission directed questions regarding the two lots involved, which the City Engineer clarified as not yet legally separated from the subdivision as presently laid out, although they are not contiguous. It was felt the former owner of the subdivision proper- ty had contributed to this problem, in that the sur- rounding property owners have never agreed to any de- velopment there as to required improvements. The devel oper had agreed to the City-required improvements for this parcel , but the property owners were still not agreeable and it was holding u,p approval of the Final Map for the subdivision. The €ity Attorney clarified the results of any Commiss- ion action at this time, i.e., approval or disapproval of the developer's request regarding parcel two and the deletion of Condition No. 6 of the resolution regarding this parcel. RICHARD E. GEYER, the subdivision developer, was prese and stated he had been advised by legal counsel that t.he three owners on these two lots could not legally b forced to grant a 9-foot easement to allow the City- required improvements, until such time as these lots might be developed and a building permit sought for th Mr. Geyer further thanked the City Engineer and Plan- ning Director for their time and assistance in helping him solve this problem in the development of his sub- division. The Vice-chairman called for any others wishing to make comment in favor or in opposition of this matter and there being none, the public discussion was closed After'additional questioning of the City staff, a moti was made to approve the Final Map for Carlsbad Manor Unit No. 1, in line with Conditions o.f Approval set forth in Resolution No. 1447, with the exception of those items (A through E of City Engineer's report of August 22, 1969 and changing Item B to read "Delete Condition No. 6 in it's entirety.") modifying said resolution. The motion was met by a voice vote. ORAL COMMUNICATIONS: There were no Oral Communications at this time. PUBLIC HEARINGS: I (a) Continued - RECLASSIFICATION E SPECIFIC PLAN - To Consider an a~~lication for Zone Chanae from R-1 to (a) Continued - RECLASSIFICATION E SPECIFIC PLAN - To Consider an application fqr Zone Change from R-1 to C-2 (Gen'l-Com'l) and application for a Specific Plan, located at 1045 Grand Ave on SE en'd of Grand Ave, West- erlv of Interstate 5 - A~~licant: John H. Grant ~~ ~ d C-2 (Gen'l-Com'l) and application for a Specific Plan, located at 1045 Grand Ave on SE en'd of Grand Ave, West- erlv of Interstate 5 - A~~licant: John H. Grant The Secretary read Mr. Grant's letter of August 18,196 to the Commission, in which he requested his original application be withdrawn until approximately January 1970. This letter was received in response to one to Mr. Grant, advising him of the status of his applicati and requesting his decision to withdrawn it or continu it with added costs incurred. t n. 1 Mo Ab AY 1 COMMISSIONERS COMMISSIONERS OF -3- CARLSBAD A motion followed and was agreed to by voice vote to withdraw the applicati-on for Zone Change and Specifi Plan by John H. Grant at 1045 Grand Avenue. (b) Continued - RESOLUTION OF INTENTION NO. 67 - To consider amending Ordinance No. 9060 by adding Subpara- graph 26 to Section 1400, Article 14 re Service Statior and adding to Section 1404, Article 14, I'Conditions of Approval for Auto-Related Uses Listed under Permitted Uses, Section 1400, Article 14." The Planning Director presented a redraft of the >rigi,nal recommended amendments to the ordinance, in nlhich various changes and/or additions for clarificatic 31- definition had been added. The Planning Director re- quested opinions and discussiin from the commission regarding the present wording of the resolution, and zertain suggestions were discussed. The Vice-chairman opened the public hearing re- questing those who wished to speak in favor or opposi- tion should address the Commission at this time. JOSEPH A. STRANSKY, Community Relations representative for Western Oil and Gas Association, 609 South Grand Avenue, Los Angeles 90017, addressed the Commission anc stated he could see very little change from the origi- nal resolution. He referenced Article 14 of the City': ~rdinance to which service stations would be added undc "certain unique operations". He opposed the inclusion Df service stations in the category of the listed operz tions and proceeded to present the oil companie's posit under 'the proposed Conditional Use Permit requirements Df this resolution. He stated he had offered before and woul-d be-quite willing to sit down with the Plannir Director to effect a more workable resolution. There being no others wishing to speak at this time, the public hearing was closed at 8:17 P.M. The Commission directed several questions to the City Attorney regarding various of the items in the draft. The original intent and need for service sta- tion control as well as the clauses stipulating this control under a Con-ditional Use Permit were further dis zussed from a legal standpoint and, as it affects the 3otential service station developer. Mr. Stransky also directed questions to the City Attorney regarding the :ommission's ability to approve or deny a request for service station based on the criteria contained in the iraft. The Vice-chairman proposed a study session between the 'lanning Director and Mr. Stransky to work up a draft jetting forth criteria to allow or disallow service sta tions. Mr. Olinghouse stated he was agreeable, but fel the attendance of at least two Commissioners would be lelpful. The merits of such a meeting between the City and the oil industry in an effort to pin down the prob. lem areas came under discussion and it was pointed out lto Mr. Stransky that many Commission study sessions ha, 'been held, but there had never been any evidence of 'li.terature or help from th.e Oil i,ndugtry regarding serl I. Motion Ayes Absent on COMMISSIONERS CI TY OF -4- CARLSBAD ice station-control. Mr. Stransky was questioned as t whether he had available any literature, etc. that wou be agreeable from the City's standpoint of the problem Mr. Stransky stated he did have such material, which h would be glad to make ava'ilable, as well as his commen on this present draft, in writing. Mr. Olinghouse sta the continuing of this item of business would be conti ent on his meeting with Mr. Stransky and subsequent report to the Commission. A motion was made to cont.inue the public hearing on Resolution'of Intention No. 67 to the meeting of September 23, 1969, to allow time for a study session between the Planning Director and the oil company repr sentative. The motion was agreed to by unanimous voic vote and Mr. Olinghouse was requested to contact the Chairman at such time as a meeting was scheduled, to include representatives from the Commission. (c) CONDITIONAL USE PERMIT - To allow Extension of Existing Building, located at 3368 Harding Street, 3etween Pine and Chestnut Avenue - Applicant: Pacific Telephone Company. The Planning Director presented the staff report dated August 18, 1969 and exhibited a city map showing the existing building at 3368 Harding Street and, the 3roposed extension of the facilities, temporary storag shed, fence, etc. The staff recommendations to approv this application for expansion of present facilities 3s well as future expansion for the same use was read, snd the conditions of approval itemized. C'ommissioner Palmateer questioned Item No. 4 of the conditions for approval, regarding landscaping, in that there did not appear to be ample. room for the pro ~osed landscaping along the fence and such landscaping vould be too confining. It was later agreed that Item b could be deleted and Item 5 would suffice insofar as landscaping was concerned. The Vice-chairman called for the applicant, if ,resent, and MRS. MARY ALICE HATHAWAY and MR. GREG of 'acific Telephone Company were on hand to answer any questions regarding this application. Mrs. Hathaway stated the conditions of approval were agreeable to th Jtility company, but she did agree the landscaping as jet forth in Item 4 had posed some problems next to th :hainlink fence. Also, if the temporary storage build ing to be utilized by Western. Electric crews during the construction phase posed any problem, they could nake arrangements so it wouldn't be required. There being none in the audience to speak in favo )r opposition of this application, a motion was made t approve Resolution No. 633, fo'r the reasons shown belo and subject to the conditions contained in the Staff Report dated August 18, 1969. d - Motion Ayes Absent Motion Ayes Abstaine Absent .. 'i. I _- I