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HomeMy WebLinkAbout1971-04-27; Planning Commission; Minutesh i' Y I- 4 CITY OF CARLSBAD I MINUPES OF MEETING: PLANNING COMMISSI, N DATE OF MEETING: April 27, 1971 TIME: 7:30 P.M. v PLACE: CITY COUNCIL CHAM~ERS I ROLL CALL: City Staff members present: R. A. Johnston, D. A. Agatep, J. B. <mold, J. E. Spano. L. A. Moe and E. J. Olinghouse. APPROVAL OF MINUTES: Minutes of the regular meeting of 4/13/71 were ap- proved as corrected by unanimous voice vote. WRITTEN COMMUNICATIONS: (a) The secretary introduced a telegram received in the Planning Department on 4/26, addressed to Chairma Little and urginghis attendance, or his representative to a meeting/news conference by the Ford Foundation on Wednesday, April 28 in Royal Inn at the Wharf on Harbor Drive. Commissioner Dominguez advised he was required to'attend through the Board of Supervisor's office and would represent the Planning Commission as well. ORAL COMMUNICATIONS: None. PUBLIC HEARINGS: (a) CONTINUED - RESOLUTION OF INTENTION N0.78 - To consider recommending amendment of Article 14 - Condit Uses, re addition of Private Campgrounds: ~ .~ Mr. Agatep advised that additional revisions or additional continuance of this item was now deemed necessary by staff, following discussion this date wit the City Attorney, on the proposed draft just submitte He proceeded to read this draft in ful1,which outlines extensive criteria aimed at private or public campgrou development. Following Commission questions of the staff, Mr. Moe clarified on the nature of his discussi with the Planning staff, stating he felt the CUP porti of the ordinance should be amended simply to include "private campground" use. He pointed out requirements and limitations already contained in the ordinance, which can be imposed by the City as deemed proper for a particular location or use. He also felt staff migh well wish to change these criteria from time to time, as a differing situation arose and this.would necessit amending the ordinance if this proposed draft is added The Planning staff had some feeling that firm criteria contained in an ordinance form was more desirable in approaching any application. Mr. Moe recommended a . two 'week continuance to allow the staff to further wor with these criteria, aimed at brevity and clarity of the overall ordinance and reduction of proposed amend- ment. An applicant for a private campsite development was in the audience and asked if she wished to comment on the proposed amendment. MRS. NANCY FERRERO, 3450-A Monroe Avenue, stated she and her husband, Mr. Vince Ferrero had been working with the Planning staff for some time to prepare the CUP amendment which would all their pn~posed KOA Cpmpground locating here. She than the staff for allowing them to work on this item to their ultimate benefit. She was in receipt of propose COMMISSIONERS =resent lbsent Yotion lyes lbstained bsent 2nal 1 1 1 te V 3d i' COMMISSIONERS c CITY OF -2- CARLSBAD ~~ amendment and proceeded to ask questions or make comme about the individual items that were vague, excessive or too confining, in their opinion. . Various 05 the Commission commented on the points made by the City Attorney and Mrs. Ferrero and it was generally agreed that additional research should be .made by staff, with assistance of the City Attorney. Many of the problem areas, both now and potentially, were discussed,with all who were knowledgeable in this area offering opini'on. County and State requirements for cam.pgroun-ds were referred to also. Mr:Ferrero referred to requirements imposed by KOA in the develop ment of private sites. MR. W. ALLEN KELLY, 3455 Spanish Way, stated he owned properties in the City which were not connected with the open space system according to The General P1 and he wondered if he would be able to develop such properties as campground facilities.He felt this amend ment should'applj to all future developers regardless of size of property for development. He also took exce tion to the requirement of a registered landscape architect by City staff in any application, stating an plan submitted by a registered architect or a knowledg individual was subject to approval of disapproval of staff, based on their opinion of it. MR. JOHN J. MAMAUX, 1393 Basswood Avenue, stated while he was not opposed to this proposed amendment, he felt staff requirements of such developments should be given priority over those of any applicant or KOA guidelines. He discussed some of the problem areas a1 ready brought up, such as residency requirements, land scaping, approved plans by staff, etc. Mr. Arnodd stated that the location of such camp- grounds within this City was of prime importance in planning suitable sites and should be controlled and any plans for such closely reviewed. Following additi discussion, a motion was made to continue for another two weeks,. to the meeting of 5/11/71, for further staf revision. (b) PRE-ANNEXATIONAL CHANGE OF ZONE and ADOPTION OF A MASTER PLAN - From County R-4 and City R-A-10,000 to P-C Zone for 81-Unit Condominium, located adjacent to South Boundary of South Carlsbad State Beach Campgroun on West side of Old Coast Highway 101; Applicant - Th Beach Colony Partnership; Owner - Robert C. Anderson e al. Mr. Johnston read the Staff Report of 4/20/71 and referred to various wall exhibits showing location of property in question in relation to City Boundaries,et The staff report covered all details of the property, type of land, various proposed uses, location and numb of dwellings, parking, recreation areas, percent of land in structures and in open space, etc. The staff recommended approval of this development, and gave specific reasons for such, as well as conditions and limitations deemed necessary and required of the P-C Zone ordinance. Mr. Johnston also pointed out Exhibit labeled "B" through "E" which he said were better ex- plained by the applicant and his architect, as they pertain to various details, elevations, mean high tide 1, !bl e sa 1 lotion Yes .bsent X .. . ,, . COMMISSIONERS CITY OF C-LSBAD -3- I lines, etc. necessary to such a comprehensi've develop- ment. Commissioner Jose asked for the figure of the overall height of this 9-story structure which Mr. Johnston stated would be approximately 96 feet at its maximum. a The secretary read correspondence from two(2) agencies, as follows: (1) Letter from Carlsbad Unified School District, stating thdy were not opposed to the Beach Colony development, following discussion of it by their governing board. (2) Letter from Leucadia Town Council to City Manager Arnold, stating this pro- posal appeared reasonable and logical for these owners to desire annexation to the City of Carlsbad. There was strong feeling and deep concern, as evidenced by a special meeting of the Leucadia Town Council, regard the beachlands to the South of this development which is County-owned, and it was agreed to resist incorpora of these properties with the 'subject plan. MR. L. C. GUTHRIE, 819 North Harbor Drive, Redond Beach, and one of the partners in The Beach Colony Par ship, stated'he and Mr. Anderson (who has owned the property some 7 years), had formed this partnership tc develop this land in the best way possible, which they had been working on for some time. He stated no except was taken with the conditions of approval as set down by the staff's recommendation, and these could be agrs to in general. He pointdd out additional acreage owne by Mr. Anderson, immediately adjacent to the North of subject property, which was completely within the City He proceeded to brief on the various stages of plannin that has been necessary in such a development proposal commenting on the tax base to be established by it and County and City taxes being paid now of $160,000. He felt public access to the beach had been provided for as well as access North and South across the beach frontage. He added a great deal more is planned by th architect for all the concepts to be utilized. He was seeking approval at this time of only the scale, bulk, height and plan to annex, with future Specific Plans to be forthcoming for review. . Commissioner Palmateer questioned Mr. Guthrie on the title policy involved for the beach property and Mr. Guthrie stated this was established in 1965, accor to meets and bounds. He added an extreme' high tide or storm condition would place the mean high tide approxi mately at their property line. He said the 793 feet of public beach south of thifr+:;property was presently tit held by the County Roads Department, which is that referred to by the Leucadia Town Council. Mr. Guthrie nsked the architect to discuss the development and its planning further. MR. DAVID J. FLOOD, 11907 San Vincente Blvd., Los zlngeles, discussed the land use questions which had be instrumental in planning this development, with variou Zounty and City requirements having dictated such use to some extent. At the same time, different types of dwellings have been utilized, as well as open space requirements which played an important part in the ove all planning. 4 COMMISSIONERS CITY OF CARLSBAD -4- MR. PERRY LAMB, 5171 Shore Drive, stated this property had been sold by him to Mr. Anderson in 1963 and he was very pleased to see what was planned for it He also has property near the Lagoon and has been much concerned for what will happen there, but::pointed out this development would not block the Lagoon views to any great extent. He saw no serious conflict in the height proposed, nor did he feel such development woul affect the Lagoon phycially in the future, as to actua physical aspects of this body of water. He also felt there was a need for such type developments on the beach as beaches normally involve campers, tents and tourists, and this would allow a new "people" use. He also stated State or County ownership of this land had never been suggested to his knowledge. TWe City Manager asked Commissioner Dominguez if the Board of Supervisors had acted officialy regarding this proposed development, to which Mr. Dominguez rep1 they had not. Mr. Arnold then said Mr. Robert Small of the County Planning Department had called his that afternoon to say they were opposed to the project. Mr. Arnold said he was somewhat confused as to what the County meant or what they desired be done. Mr. doming attempted to clarify on certain other action and matte which involve beach lands and have been topical with the County for some time. He also asked to be allowed to abstain in voting on this application, in that he had received prior notification of it through Board of Supervisor Craven's office some time ago. Additional comments were offered of this proposal generally in favor of the land use and professionlism of overall planning. It was asked of staff if the Hou Element of the General Plan would find such plan accep and Mr. Johnston advised this was definitely in line with provisions for utilization of open space, etc. Commissioner Jose commented on the existance of bill- boards either on or very near this property, which sho be required removed as a condition of approval. It wa clarified that these billboards were in fact within th County unincorporated area, South of this property. The City Attorney introduced opinion and question as to the matter of "prescriptive easements" as define under the Law pertaining to the public's right to beac access. He noted two Suprene Court cases of last year which had generally strengthened such rights. Certain points relating from such Court cases were introduced, as to what, if any, public rights may have been estab- lished on property such as this. This is apparently determined by title company action. However, once such property is built on, it is doubtful any question woul exist. Mr. Moe pointed out the City has yet to face any question in behalf of the public right being serve and he intended to brief them on such at the next Coun meeting. He noted in this proposed project, that some 880 feet of building is proposed and only one public access is proposed at one extreme end, while at both ends of this beach there is public beach. Thus, it ca not be said that any "meaningful" public access is in- tended. Mr. Guthrie volunteered that Mr. Thompson, a attorney in Oceanside had done considerable research i this area in planning the development and he pointed o several differing opinions from the City Attorney's counsel. He added they had always intended to fulfill !d !Z n9 ble d 1 COMMISSIONERS - CITY OF CARLSBAD -5- the public access requirement. . There was considerable discussion from the City Attorney, City Manager and various of the Commission, as;well as opinion from those in the audience who had spoken earlier, all relating to the question of public access, future problems that could be envisioned at th particular location for public access to the beach, State and County activity in beach lands, the Suppeme Court cases referenced and their differing situations from the property in question, etc. It is apparently a matter of "reasonable" public access being provided and such determination is difficult to approach in thi relatively new area. The City Attorney suggested revi Item 4 of Conditions of Approval in such way as to definitely stipulate that the matter of public access must be incorporated in future Specific Plan submittal He did not feel this. should prohibit the approval of this development, as Specific Plan submittal was alrea a requirement 03 the P-C Zone and was well outlined in the- Staff Report's conditions of approval as well. After additional discussion, the motion was duly intra duced to recommend approval of this development to Cit Council, for the reasons given below and subject to th conditiGns out-lined in Staff Report of 4/20/71, with Item 4 of such conditions revised as follows: Revised Item 4., Section IV - "Conditions of Approval: "All details relating to the nature and extent of any public access shall be submitted as part of Specific Plan, approval .'I PLANNING.COMMISSION RESOLUTION N0.704 - A Resolution o the Carlsbad City Planning Commission recommending Approval to City Council of a Pre-Annexational Change Zone from County R-4 and City R-A-10,000 to Planned Zommunity(P-C)Zone and, Adoption of a Master Plan, for 3n 81-Unit Condominium on property located adjacent to South Boundary of South Carlsbad State Beach Campgroun 2nd West of Old Highway 101, with further reading waiv Peasons: (1) Proposed reclassification is m conformance .with the City of Carlsbad's. General Plan and Housing EJement. (2) Proposed developmental concept allows fox the preservation of a substantial amount of open space (3) Proposed project will help establish a trend for quality development in the general area. (4) Subject reclassification. is in the best interests of the City Carlsbad. (The meeting was recessed at 9:40 P.M. and reconvened at 9:50 P.M.) NEW BUSINESS: None. OLD BUSINESS: (a) 'Continued' Items Attachment - Planning Departmen reports: 70.3 Buena Vista Lagoon: Mr. Johnston briefed on the various types of projects entertained for Buena Vista Lagoon in the past. He stated he wadld be meeting with Mr.; Moe and other City staff on the possibility of an Motion A yes Absent Abstained : COMMISSIONERS _- CITY OF CARlLSBAD -6- 70.3 (Continued) "Interim Ordinance" to require Specific Plan approval before anything,could be done on the Lagoon. He would be reporting on this as it develops. 70.8 Historic Corridor: Mr. Johnston stated communi- cations with Oceanside have been attempted and these have not been successful to date, so that an individuai City plan to establish how we want to go in this area is desirable.. Mr. Arnold commented the timing for sucl would be as soon as the County completes their El Camil widening project. He agreed we should proceed on our own and so advise the County and Oceanside as to our intentions. In this same area, Commissioner Palmateer asked what the State has indicated will be available as land- scaping, ground covers, etc., for the present I-5 con- struction throuqh this City. Mr. Arnold expjlained the State will present thei'r landscaping-'program to us and if we desire to do otherwise than they propose, we musi offer funds to supplement the program. Commissioner Palmategr has brought this up before, when the I-5 con- struction was -first planned and stated he felt particui the elevated areas from Elm Avenue South definitely need planting as the pre-vious landscaping had been veri poor in those areas. He cited other areas up the Coast which reflected attention and pl.anning of freeway land- scaping and hoped. something attractive could be plannec for our like areas. Mr. Arnold said the State's propoc would.be submitted to Parks & Recreation Commission fo1 review'and that would be the time to incorporate any other landscaping deemed necessary. Preliminary land- scaping plans are not yet available, but these would be forwarded to the Planning Commission when available. 70.11 Problem Area Zoning Study: Mr. Agatep brought tL Commission uptodate in the area of correspondence and follow-up discussion with the property Owners in this area, who wish to rezone to RD-M Zone. 70.20 Revised General Plan: Mr. Johnston stated othel projects currently active in the department, are felt to be currently effective in updating concepts of the General Plan. 70.22 Nuisance Ordinance: The department and the City Attorney are working on this item. 70.23 Architectural Controls/Review Board: Mr. Johnstc commented on inclusion of this item within the "Communi Living" Element proposed for the General Plan in the near future. 70.24 Off-street Parking in R-Zones amendment: (New Item) Mr. Johnston stated this proposal also went to the the subcommittee chairman of CIC, for review and comment at their next monthly meeting in May. He added this was sent to the Commission for discussion at the next meeting, to allow time for complete review of all items proposed in such amendment. The Board of Realtor was sent a copy also, and review and reply is expected from that body as well. 0 -. m CITY OF -7- CARLSBAD COMMITTEE REPORTS: (a) Commissioner Jose made a detailed report regardi previous hearing items involving service station ap- plications before the Commission. He stated he had personally researched the I-5 intersection mileage fro service' station location to location or, from Las F~OI to Poinsettia Lane for a total of 5.3 miles. He gave the figure of 11 existing service stations to date, an with those approved by the City at this time and those potential at .various other interchange quadrants, a potential total of 25 station was possible. After ad- ditional discussion involving the Commission's strong opposition to such a situation, the motion was made to advise the City Council of these figures in a memorand report as soon as possible. It was felt this informat should be ma'de known to them prior to the appeal heari scheduled for the Cannon Road interchange which involv Commission denial of two(2) service stations at this location. ADJOURNMENT: The .proper motion was made and approved by voice vote to adjou'rn this meeting at 10:12 P.M. Respectfully submitted, ANDER, Secretary 64.1 i.. 3 COMMISSIONERS 9 S m/ on 9 d Motion Aye& Absent Motion Ayes Abs en t X X ! *,