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HomeMy WebLinkAbout1960-11-22; Planning Commission; Minutes1- 2- A + MLZJUTES OF i.X Y,XXLAii MEXZ'ING \Jr CXRLSCXD CITY A 1,; rJKINC< CCNNISSION November i?.r 1560 The meeting was called to order at 7:30 P.M. by Chairman Jarvie. Present be- sides the Chairman were Commissioners Davis, Kistler Grant and Ward. Absent, Cmissioner Hardwick. Commissioner Hughes arrived at 7:40. mrova1 of Winutes - of November 9, 15'52. Chairman Jarvie requested thpt Sen- tence 1, Paragraph 4 under ILan 6 on Page 4 be changed to read as follows: "There WPS considerable discussion about the fact that the property in this area had been penalized by the freeway and that any uses in an R-3 zone would be substPndard and he felt that the city should help these property owners by being mbre flexible." Chairman Jarvie also requested that Paragraph 4 on Page 3 be changed to read as follows: 'Thainnan Jarvie pointed out to Mr. Baird that these men really have a plan and asked if he didn't think it wes a place to start and then others wanting a reclassification could make a request for R-T or Comercial for properties fronting on the lagoon." Chairman Jarvie also requested that the last sentence in Paragraph 7, Page 3 be changed to read as follows: Isft was decided that the property owners could get together and present a request for a zone change for the rest of them if they so desired." A motion was made by Commissioner Kistler and seconded by Ccmtnissioner Ward th$t.:the,thiriutes be approved as amended. All eyes, motion carried. 6 3- Written Comnunications: There were no written comrmnications. 4- Oral Cmunications: DON HOLLY, 2601 State St., Carlsbad, representing Kimberly Investments, stated that they would like to have the Commission consider a tentative map on Shelter Cove Subdivision. He said they were facing a serious time element as they had a December 15th deadline to meet and in view of the tremendous de- velopment planned, something should be done tonight. The zone change had not been approved yet but that they were respectfully requesting that the Coma mission at least consider the matter of the tentative map. Chairman Jarvie said that the Commission would consider the matter under Item C8, New Business. 5- HEARING - REVOCATION OR MODIFICI?TIOM OF e Resolution #702 of the City Council CLJNDITION~~L USE PHd'IIT to consider modificption or revoca- tion of the Conditional Use i'ermit issued to Carlsbad Union Church allow- ing recreation area, construction of an ornamental wall and chain link * .. ?, : ". "_".""-."- %rice and use of Sunday School build- ~~ - ir,o ,&" for .. - rre-school "..."" day nursery on as ...*""""._. dsc.cii?xrl a; ints 21,22,23,24 and 25 BLoci: 58 Carlsbsd Lands according to -."-.J-. Map thereof NQ. 1744 in the City of Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. There were 7 pieces of correspondence plus a petition on this matter. Letter dated November 4, 1960 from Mrs. William Bigley stating that as owner of a rental unit at 3132 Jefferson St. she was opposed to having night time activities so close to a residence as working people retire early and the lights and noise from a playground are disturbing. Letter dated November 21,1960 from Doane and Grace Harrison stating that they were protesting the granting of permission for the Union Church to have a play- ground and nursery school as they have interest in property on the southeast corner of Jefferson and Oak Streets including a rental unit. They felt it was inconsiderate to the property owners in this area and stpted that there is a Boy's Club available for the proposed activities. Letter dated November 22, 1960 from Rhea Blackburn, stating th-t they were tenants of Nr. Eli Johnson and planned to stay there but felt compelled to move when they becme aware of the plans of the Union Church because they did not feel they could stand the noise. Letter dated November 21, 1960 from Mr. and Mrs. George S. Lombard stating that as property owners on Harding St. they felt both the nursery school and playground would constitute a nuisance for reason of noise and the project was unnecessary and unfair. ir Letter dated November 18, 1960 from Mrs. Rhea Bachrach protesting the play- ground so close to where she lives on Harding Street for reasons of noise. Letter,rko date, from Mr. and Mrs. Guy Keene, 3146 Harding St. protesting the playground and pre-school day nultsery as they felt the noise would be disturb- ing and that this was not a suitable location for such things. ? Petition protesting the Conditional Use Permit signed by 27 property Owners within the 300 feet radius and 20 signatures of other property owners in the City of Carlsbad. THE REV. ROY BROKENSHIRE, P.0. Box 217 stated that he thought the original application should be read and also the list of supporting names. The Chairman directed the Secretary to read the application and the names supporting it and also Mr. Brokenshire's letter which accompanied the application, MR. BROKENSHIRE stated that he thought that covered everything and that there is always a problem with any growth in a comnunity. People are afraid of some- thing that is not going to happen. He said they would not use the playground every day in the week, perhaps one day a week in the basketball season. He presented a letter from the Department of Public Welfare of San Diego County, addressed to Mr. Gene Warren, Assistant Minister of Carlsbad Union Church, stating they felt the Day Nursery would make a real contribution to the cow * ” 9 ..: i. rrmnity, that a license is required by anyone cering for unrelated children anywhere but in their own home, a fact not generally kgmm, and that they ge.t many calls from working mothers for such a type of day nursery. lle went on to say that the children would be 4 to 5 years of age, not more than 15 or 20 of them at the most. They would be inside the building but would have to get out- side for a time in the morning and afternoon. He felt that the value the com- munity would gpin from this far outweighs any problems arising from it. He stated that they tried to be good neighbors ard that tho, people who object to this think it will be an every night affair which it won’t be. THE REV. GENE WARREN, P.O. Box 217, stated that he thought it might be inter- esting to the Cmission that out of 739 pre-school nurseries, 1/3 are church sponsored. There are none in Carlsbad’ There is a need for one and it is a C church related function. MR5. ELI 2. JOHNSON, 987 Oak Avt?., stated that she wished to submit her objccsd tions to the proposed plans of the Union Church. One of the floodlights is on the wall 15 feet from their rental’s front door. There is a 6 foot wall and the church is asking to put a 6 ft. wire fence on top of this and she felt it would be an eyesore to the tenants, reswbling a concentration camp. She does not feel that the fence is ornamental and also felt that no amount of super- vision could keep down the noise of children and teenagers at play. She stated that due to the playground plans they had lost wery good tenants who had sub- mitted a letter to that effect. Furthsr the church had installed 2 basketball fixtures which had been removed by order of the City Hall. She feels they have lost rental income which is necesszry €or therr. ctc they are in their seven- ties and her husband*s pension is very small - They have no talr cxemprion such as the church has. She feels that no on? would pay rent to live so close to the noise of little children playing all day and that the Boy’s Club has eveq possible facility for boys from the ages of 7 to 18 years pius there is the Fine Street School grounds with play facilities, Holiday Park and Carlsbad High School, which has basketball, tennis, etc. Teenagers also have the privilege of using the Junior College. She stated that the church builclings were large enough so that the day school children could play in there. MRS. KENNETH R. OVER’0:N, 3946 Lin Mar Lane, stated that a brick wall cannot stop noise, it would have to be a building. She mid at first there were not many floodlights and that supervision can not keep down noise. Everybody likes to see children play but they do not want them to be annoying. We have sever- al playgrounds which had been mentioned. There were a great many names on the petition and these are the people wha will be Pffected by the proposed plans of the church. She agreed that a nursery sdhool was necessary in this connrmn- ity but did it have to be in this location? MRS. ALICE KANUNDSEN, 855 Oak Ave, stated that she was a property owner, a tax payer and a native Californian. She wished to submit her objections to the plans as the noise of small children at play during the day and the teenagers at night with floodlights surrounding the lot: could create a problem and jeopardize the renting of their properties. She objected to the fence on top of the wall which she felt would make the tenants feel they were in a concentration camp. Due to this factor they had lost their rentals and their taxes had been raised considerably, which taxes they would not be able to pay without the tental incone, since they had no exemptions, and the cost of upkeep had increased. She stated th:t she was a 72 year old widow and needed the rental income to carry her along and tenants would not live where there was too much noise. She fmls thsre am avple play areas with recreational facilities, Pine Street, the Boy's Club and the beach area. The plan was heart- less and unjust causing her much worry and anxiety and the church was a place to worship, not to play, She added that the church has a nice large nursery school adjoining the church grocnds with a nearby playground where the children could play. She concluded by saying she prayed this could be defeated so that they could keep their property rented and lbad a normal life. MR. FLENN FEIST, 110 N. Ditmar, Oceanside, stated he was a member of the BChOOl board and that he had lived on Magnolia Street almost 5 years ago and the people there had not felt that a play area hurt the ares. In a city like Carlsbad he felt we should think of places for the children to play and this is what the Carlsbad Union Church has in mind. He thought there had been a lot of mis- understanding about this, that they did not want to hurt anyone in the area, just to use the property to foster the growth of these children. They did not have any intention of hurting tenant or property owners and they were there tonight to show that their intentions were of the best. This property was ad- quired for church purposes and a play ground area is what a church should go for. They were there to answer any questions. MR. BKOKENSHIRE stated that a great deal had been said about the wall and as a matter of fact the wall had been placed there because the law says there must be a wall on a parking lot. There had been a rusty old fence there. They had asked what the authorities would like for a wall and thought they might like shrubbery. At first the city had said they did not need a variance. Mrs. Johnson and neighbors knew what was going on and waited until the bulldozers came in and then protested. A new city manager had come in and felt that they were not able to do this without a permit. Because they had started the work, they let them go ahead with a part of it. They have followed the suggestions of the city in the improvements of the property. They have spent a lot more than they would have had they just gone ahead with a wooden fence. At one place there are 64 apartments and 32 are empty. They are not empty because there is a playground next to them. They have not had a playground in the area fsr over a year and it is just a fear of what will be, not of anything that has actually happened. MRS. JOHNSON stated that there was not a rusty fence on her property, that thej had a nice wood fence. In the rentals there is B family with four little children who would not be able to sleep at night if boys were let loose till after 9 P.M. You could not live within 15 feet of such noise. There was a bible class there last smer and the noise was terrible. The public hearing was closed at 8:30 P.M. Commissioner Grant asked if Mr. Brokenshire had gone around and got the sig- natures himself of those supporting his application and he stated that he had. He then asked Mr. Brokenshire if the people had been put on notice as to what they were signing and Mr. Brokenshire replied that they had. MR. BROKENSHIRE remarked that some of the names on the list tonight had no relationship to tile property whatsoever. They did not want the Johnsons End Mrs. Amundsen to go to any expense at their age and went ahead and did what they wantedj There was some discussion as to why these people had not objected before if they were objecting now. MR. EXOKENSMIRE explained that hz hed bra:lght up the fact that the Johnsons and Mrs. Amcndsen objected at th last henring on this matter. Commissioner Hughes asked if there was any supervision on the public school grounds after school hours. MR FEIST stated that someone from the youth organization that is using the school grounds has to be there to supervise. During the day there is always someone from the school to supervise. After some discussion on this matter Comnissioner Ward stated that he would like to ask why the people who signed the original petition had changed their minds. The Secretary read the dates on the petition as to when it. MR. BROKENSHIRE stated that if these people had chmged because something had been said to them to change their thought if he could go back to them they would sign his the people had signed their minds it was minds. He said he petition again. You have the Catholic Church, the Assembly of God Church, the library, etc. there and if the people have changed their minds it is because it has been agio tated to them. Conmissioner Grant stated that the hearing was being held on two points, and asked if the people being 15 ft. away would be willing to grant a part of this. MRS. JOHNSON said that since there was a good playground on the other side of the church, let them have their day school nursery and play over there. She said that she had gone to the people and read her petition to them and that is why they had changed their minds. MR. FEIST stated that he felt they should consider the teen agers as they were more important than the nursery School, Comissioners Hughes and Ward stated they were in favor of the church's request and Conmissioner Grant stated it was a fine program but he wished it were not within 15 feet of property owners that had to be considered because it was their living. Comnissioner Kistler was in favor of the church's request and Commissioner Davis stated that in 24 hours, it would be very few hours this property would be used as a play ground, and that the amount of noise would be limited. He could not find any reason in the ordinance that would give a reason to deny this request. . A motion was made by Commissioner Davis and seconded by Commissioner Hughes to adopt Resolution No. 188 upholding their original decision on this appli- cation for the following reasons: . -. 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply gener- ally to the other property or class of use in the same vicinity and zone. 2. That the granting of such conditional use permit will not be materially detrimental to the public welfare or injurious to the property or improve- ments in such vicinity and zone in which the property is located. 3. The granting of such conditional use permit will not adversely affect the corprehensive general plan. The Chairman asked for a roll call vote. AYES: Commissioners Davis, Kistler, Ward and Hughes NOES: Chairman Jarvie and Commissioner Grant ABSENT: Commissioner Hardwick Resolutioq No. 188 failed to pass for lack of a majority vote. At 9 P.M..a short recess was called. Reconvened at 9:lO P.M. 6- STREET VACATION: The Secretary reported to,the Commission that Henry Players Investments, Snc. had requested that the street vacation be continued to the next regular meet- ing of the Planning Comission as Mr. Kay Kalicka, who was to represent them was ill. It was agreed to continue the street vacation to the meeting of December 13th. 7- Old Business: DON HOLLY said that as he had stated before, it was very important for them to have some sort of decision on Shelter Cove Subdivision tonight 80 that it could come before the City Council at their Dec. 6th meeting as they have to come up with a sizeable amount of money by Dec, 15th. He stated that no re- ports had come in from the utility companies and departments yet and that the City Engineer had not had time to give his report on it. The map thet the Commissioners had in front of them was a Marina type development with small port operations. The approval of the map would be contingent upon the approval of the zone change, and there could be a conditional type of approval. There will be street dedication, street drainage and sewage and they were aware of this. The SBcretary stated that he waa most sympathetic with this but that the prop- erty owners had not been notified and this was a technicality that must be met. MR. CARL SANBORN, 811 N. Broadway, Santa Ana, stated that they would not have definite approval of the zone change until the council met. MR. RA.Y WOOD, Law Bldg,, S. Anaheim stated that he would like to review the situation. They had gone into the purchase of this land in October and then applied for a zone change. Mr. Sanborn had come down to the meeting and the Comission asked for a delay on this SO that it could be considered by the Comnission as a whole. They have their program and considerable money in- volved and a 90 day escrow. The main thing is that they were delayed at the October meeting. On November 9th they had come to the meeting and it had been approved, Now they are faced with thefact that they are two weeks behind and as far as notifying the property owners, they were all there on November 9th. He went on to say that as far as the report from the engineering department and the other recommendations, they would go along with anything included in the recommendations and that the Cmission could make their approval condition- al upon this. He stated they would put in a temporary pumping station. Chairman Jarvie stated that all the adjoining property owners were for this development but that the Commission did not want to do anything they shouldn't, and suggested an adjourned meeting to consider the tentative map. Commissioner Grant steted that they would do everything in their power to see that this got through and would do nothing to hinder it in any way. It was decided to have an adjourned meeting on Monday, November 28, 1960 at 7:30 P.M. MR. HOOD thanked the Commissioners for everything they were doing, a. Objectives and Policies, ,Part 1. It was moved by Commissioner Davis and seconded by Commissioner Hughes that the San Diego Planning Department be notified thpt the Planning Cmission favored Alternate B in the booklet. All ayes, one absent. Motion carried. b. Women's Repional Planning Club. The Secretary stated that he had received a telegram from the Women's Regional Planning Club and they had asked him to appear on television. 8- New Bushess: Mr. Thornton, the Assistant City Engineer, asked the Planning Commission khat their policy on Sidewalks in cul-de-sacs was going to be as, in two subdivisiorrq with cul-de-sacs, one had been required to have sidewalks and one had not. Chairman Jarvie stated that the Council stated all subdivisions should have sidewalks. The Secretary stated that the Comnission had been merely carrying out the policy established by the Council. There was some discussion among._ the Commission about this matter and the consensus was that there should be sidewalks. 9- By proper motion the meeting was adjourned at 9:SO to 7:30 P.M., Monday, Nov- ember 28th, at the City Council Chambers for the purpose of considering the tentative subdivision map of Shelter Cove. Respectfully submitted,