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HomeMy WebLinkAbout1970-10-13; Planning Commission; Minutes1 CITY OF CAF?LSBAD MINUTES OF MEETING: PLANNING COMMISSION DATE OF MEETING: October 13, 1970 TIME OF MEETING: 7:30 P.M. PLACE OF MEETING: City Council Chambers ROLL CALL: City staff representatives present: Stuart Wilson, E. J. Olinghouse, R. A. Johnston, J.E. Spano and Jack Arnold. APPROVAL OF MINUTES: 1 (a) Minutes of the regular meeting of September 22, ot 1970 were approved as submitted. Ye bS WRPTTEN COMMUNICATIONS : There were no written communications. ORAL COMMUNICATIONS: Chairman Jose announced the presence of the City Manager at the Planning Commission.-Meeting. PUBLIC HEARINGS: I (a) CONTINUED - TENTATIVE MAP - To consider Tent&5b+:t Parcel Map for Approval, located off Ponto Drive,[Bast I of Carlsbad Boulevard, West. of A.T. & S.F. Railrdqpd; AppZicant/Owner - Paul Ivicevic ” The Assistant City Engineer requested permission to read a memorandum dated October 2, 1970 sighed by the City Engineer to the Planning Department recommending denial of this application due to its non-conformance with requirements of Ordinance 9050 regarding access and necessary utiti‘ties. I The Chairman called for those in the audience to speak in favor of the application. MR. HARRY TRUAX, representative of E. Brian Smith Engineering, wished to speak in favor of his client,’s application. He’made reference to a letter dated October 9, 1970 from Carlsbad Municipal Water District witiich indicated there would be no problem as far as water was concern- ed. He stated he felt the City Engineer made further recommendations for denial without a legitimate cause. Mr. Spano stated the Engineering Department has had no information on the intention of the property owner to provide the lines recommended by Carlsbad Municipal Water District. He also stated the necessary utilitie are not as much of a problem as the fact that proper access has to be provided. Mr. Tpuax stated that while the Engineering Department may have Based its decision on one chapter of Ordinance 9050, the applicant is filing under Chapter 209.which does allow this to occur regardzess of what is con- tained in the subdiv.ision ordinance. He stated this makes their applicatzon a legitimate request although it is not in conformance with the ordinance and it is- unusual circumstances. COMMISSIONERS sen ent ion ent S 1 I t. COMMISSIONERS CITY OF PLANNING COMMISSION October 13, 1970 -2- CAFILSBAD Mr. Spano stated the applioant does not have proper street frontage for his lot and he readily admits this He stated the Engineering Department does not feel these are unusual circumstances and will not recognize the applicant filing under Chapter 209, therefore they are denying the application. Mr. Truax expEained that the applicant does not have the right of eminent domain and therefore, cannot comply with' t.his requirement. The City Attorney explained that if the Engineering Department feels these are not exceptional circum- stances, they have the right to deny, however, if they should decide the circumstances are exceptional, under Chapter. 209, they could waive 'the requirement and approve the application. @on request of dne Commissioner, the Assistant City Planner displayed a map of the area and explained the ,location of the property. The Chairman inquired if there was anyone else in the audience who wished to speak in favor or against the application. Since there were no other persons who wished to speak, the Chairman closed the Public Hearing at. 7: 50 P. M. Discussion was held by the Commissioners covering such subjects as the lack of city control in an "zone using a sewerage system in one day. On this matter Mr. Truax stated that the County Health Department has Dery strict regulations on this. He stated the suggested number of people allowed to use such a sewer facility in one day is usally called for by an engineer and then the County can increase or decrease the number! It was also pointed out that the immedi- ate area surrounding the property is completely set up for septic tanks and sewage would be 'no problem. Commissioner Forman stated Conditions 2 and 5 were broad in the Engineering Department Report. Mr. Spano stated that this does not necessarily have to be done but the property owner might wish to have an engineer come in and do this. Mr.' Forman further inquired if this application was authorized. under Chapter 209, would it have any kffect on the Planning Department as far as $he HUD Program. Mr. Olinghouse stated the more development that is under certain zoning and deverts from the Master Plan, the more of a problem it becomes with HUD, and Commissioner Li2tle stated since this is an important p6int to be considered, it shouZd have been included in the Planning Department:.report. He aZZo stated he did not feel the Commission was aware of all the facts in this matter. Chairman Jose stated it appeared that there t3ere stilZ too many questions to be answered and he has not seen where the city departments involved and the CMWD have straightened the matter out with the applicant to a point where the Planning Commission can reach a de- cision. CITY OF PLANNING COMMISSION October 23, 2970 -3- CARLSBAD Discussion regarding what Carlsbad Municipal Water District requirements as far as lines were concerned ensued and the Commission agreed that the letter sent to the PZanning Commission did not clearly state the exact requirements. The City Manager stated this policy is set out in the city poZicy but he felt the frontage probZem could be worked out with the Applicant and other property owners. Ha further stated there is a problem in that area which should be solved but CounciZ Policy is met when there is an Ordinance and nothing should be approved where there is no frontage on a street. He statsd-perhaps a two week continuance would allow time for these problems to be solved. Mr. Truax stated speaking for the appZicant, that nothing would be soZved by a continuance and stated he wouZd like to see this matter go to Council for! a decision. The motion was duZy made to deny the appZication for Tentative Map submitted by Paul Ivicevic, for reasons given in staff report dated 9/27/70. PLANNING .COMMISSION RESOLUTION NO. 675 - A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION DENYING APPROVAL OF TENTATIVE MAP OF IVICEVIC PARCEL MAP for the following reasons, further reading being waived: (1) The proposed split is not in conformance with City ordinances which require newZy created parcels to have frontage on a dedicated street. (2) The area: in question is one of the more bZighted areas within the City and allowing further Zot splits wouZd only compound existing problems. (3) The den'ial of subject application wouZd not de- prive the use of subject property, inasmuch as it wouZd still exist in the same condition under which it was annexed to the City of Carlsbad. (b) RECLASSIFICATION OF ZONE - From R-A-ZO,OOO to R-T (Residential Tourist) Zone, at property located at 4539 El Camino Real, Carlsbad and commonly known as "Thundsrbird Ranch" ; AppZicant/Owner - Mrs. Glory G. Fleming and Dr. CharZotte C. Carey, Ph.D. The Assistant City PZanner read the staff report dated October 6,- 1970 and stated Exhibit IrBn , a plot map was on display to eite the location of the property. The Chairman announced the Commission would now like to hear from anyone who wished to speak in favor of this application. Mr. Car2 Hodsdon, 25495 U.A. Hwy 80 stated he was concerned with the recommendations and conditions by the Planning representative. Dr. Charlotte Carey, 439 El Camino Real, stated she is an owner and was8present in favor of the zone chang Mr. Robert Shrofe, 4535 EZ Camino Real stated he was opposed to this change for a number of reasons. He stated he did not fee2 the present roads are adequate for this type of operation and he did not feel there COMMISSIONERS lotion lyes lbsent lbstained , . CITY OF CAF?LSBAD PLANNING COMMISSION Oc&ober 13, 1970 -d- was a need for this type of usage in Carlsbad particu- larly in this area. He .stated that the area has alrea gone through2one zone change and now this; it makss the ar&a unstable. Mr. John Aphy, property owner in the area, stated he agreed with Mr. SArofe. Mr. Allan Kelly, 4675, stated he vwns surrounding property on three sides but felt he did not know enoug about the plans and would make a sdatment after he had seen comp2et.e plans. Mr. Hodsdon stated that as far as the 5oads were concerned, it would be necessary to have better roads but there are imminent plans for the improvement of El Camino Road. He stated he did not feel the ob- jectors found any real reasons for discourag6ng this proposal. The Chairman announced if there were no other persons wishing to speak on this matter, he would declare the Public Hearing closed. Since there were no other persons, the public hearing was closed at 8:25. Discussion ensued by the Co.mmission regarding various items of the report and it was questioned by the Commission.why a Master Plan had not been submitted. The Assistant City Planner stated that a Specific Plan had been submitted'in written form and he felt this was sufficient. Mr. Hodsdon stated'it would cost about $20,000 to submit a Master Plan and that is why they were reluc- tant to submit it until they were sure whether the city is in favor of their proposal. After further discussion, a motion was made to approve the following resolutions: RESOLUTION NO. 674 - A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION RECOMMENDING TO CITY COUNCIL (Residential-Toprist) ZONE ON PROPERTY LOCATED AT 4539 EL CAMINO REAL, COMMONLY KNOWN AS "THUNDERBIRD RANCH" APPROVAL OF A CHANGE OF ZONE FROM R-A-Z0,000 TO R-T (b) RESOLUTION NO. 678 - A RESOLUTION GRANTING A CONDITIONAL USE PERMIT ON PROPERTY COMMONLY KNOWN AS THE "THUNDERBIRD RANCH", 4539 EL CAMINO REAL, CARLSBAL CALIFORNIA RESOLUTION NO, 679 A RESOLUTTON RECOMMENDING TO THE COMMONLY KNOWN AS THE "THUNDERBIRD RANCH'?, 4539 EL CAMINO REAL; CARLSBAD, CALIFORNIA. CITY COUNCIL APPROVAL OF A SPECIFIC PLAN ON PROPERTY NEW BUSINESS: (a) HOUSE MOVE APPLICATION - Memorandum from R. S. Osburn , Building Department re proposed house move at 3121 Jefferson Street, by Mr. Harold Anderson (initially requested April 8, 1969 and denied by Planning Commission at that time) I lotion lyes lbsent COMMI x x SSIONERS ,,. . E r. CITY PLANNING COMMISSION OF Ocbober 13, 1970 -5- CARLSBAD YEW BUSINESS (Continued) The Chairman announced that due to the lack of inform tion indicated in a memorandum from the Building rnspector dated October 9, 1970, and the absence of the Building Inspector from the meeting, he felt the natter should be continued to the ?.next regular meetin, lt was duly moved that dicussion'to arrive at a de- :ision on the Request for House Move - 3121 Jefferson Ytreet be continued to the next regular meeting. 3LD BUSINESS: (a) Continued Items - Planning D2rector Reports ?0.6 Public' Utility Zone - Mr. Olinghouse stated this is presently in the han'ds of the City Attorney tnd after the study is completed of draft, the Plahni: ~epartment will come back to the Commission. 70.8 Scenic Corridor - There was no report on this item. 70.11 Problem Area Zoning Study - Mr. Olinghouse stated this matter is-progressing and wiZ1 be report- gd further at the next meeting. 70.20 Revised General Plan - The City Planner re- ported this matter has been delaued indefinitelu and he does not know when it can be Eesumed &gain bit ?ossibly in the near future. 70.22 Review of Harbor Report - There was no report 7n this item. 70.22 Vehicle Parking Ordin-ance - Mr. Olinghouse stated another working committee meeting will be held before the next Planning Commission Meeting. He ;tated he would like to have a meeting with clubs in the area next week and will contact members. Vr. Li-btle stated in Tdgard to Item 70.20, the Planning Department and the Commission has spent a Treat deal of time and money from the City has been spent to up-date the Master Plan. It should not get to the point where nothing can be done on it. The City Manager stated Government Code states Capita rmprovements are supposed to be improved by the ?lanning Department and then follow a set procedure Prom there. Sy proper motion, the meeting was adjourned at 9:07 P Respectfully submitted NORA K. GARDINER Recording Secretary COMMISSIONERS