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HomeMy WebLinkAbout1971-10-12; Planning Commission; MinutesMEETING OF: DATE : TIME: PLACE: - - -. CITY OF CARLSAD PLANNING COMMISSION OCTOBER 12, 1971 7:30 P.M. CITY COUNCIL CHANGERS ROLL. CALL : City staff members present: E. J. Olinghouse, D. A. Agatep, R. A. Johnston, J. E. Spano, H. T. Cook, J. B. Arnold APPROVAL OF MINUTES: Minutes of the regular meeting of 9/14/71 were approve as submitted. Commissioner Jose felt that the word "of" on page -5 should be changed to ''or'' for legal clarification'. WRITTEN COMMUNICATION: None ORAL COMMUNICATION: None PUBLIC HEARINGS: (a) REQUEST FOR. CHANGE OF ZONE AND-ADOPTION OF A SPECIFIC PLAN - Reclassification in zone from R-1 to RD-M and adGtion of a specific plan on certain pro- perties lying northerly of Tamarack Avenue and easterl of the A.T. & S.F. Railroad right-of-way. I GOLDRICH, KEST. & ASSOCIATE Mr. Olinghouse presented the.staff report of 10-12- 71, and commented on the graphics illustrated on the wall behind the commissioners.' The technical report covered the particular situation re location, surround ing zoning, an agreement between City and applicant giving the City the option to purchase a portion for a park, and staff recommendations. The report also gave reasons and conditions for appcoval. Discussion ensued among the commission and staff re the park option. Mr. Johnston, Parks & Recreation Director, informed the commission that the applicant has .agreed to sell the property to the City at the price it cost the applicant. Mr. Johnston said there was a letter from the City Manager to the applicant to this effect. The location of this area and its suitability for a park was also discussed. Staff and commission agreed this was a good area. The applicant, MR. ROBERT HIRSCH, 15233 Ventura Boulevard, .Sherman Oaks, was present to discuss his proposal. He told commission he had made an agreement to sell the City the 4.2 acres for a possible park site at the pro-rata price it.cost him. He commented on the strategic location of the property, i.e. its closeness to shopping centers, beaches, etc. He also agreed with the conditions of the staff report. He noted that 54% of the 1and.was devoted to open space and landscaping, and added that it is a good-workable plan with moderate density. COMMISSIONERS - Present Absent Motion Ayes Abstaine' 5 # C ITY OF CARLSBAD -2- I Commissioner Dominguez asked the applicant if he would commit himself until June,1972, if for some rea- son the park bond would not be prepared by April , 1972 After some discussion, a conditfon was agreed upon by both parties which reads as follows: "A. That the City be given the option of purchasing the 4.2 acres of property now a portion of Phase I1 of the develop- ment. This property would be utilized for park pur- poses and the option shall be exercised by the end of April 30, 1972, and will be subject to an extension of 45 days if de.emed necessary. " The chairman asked if anyone was present to speak in favor or opposition. MR. LEE BARLOW, 701 Magnolia, was present to reques that his.zone be changed too. He informed the com- mission that his property adjoins the applicant's property and he sees no reason why his property cannot be rezoned. Mr.. Olinghouse illustrated the location of Mr. Barlow's property in relation to the applicant' property, and some discussion ensued. The secretary read two letters from Dr. Howard C. Harmon, Superintendent'of Carlsbad Unified School District. The first letter estimated the number of students the development by Goldrich, K.est ti Associate would produce in kindergarten through twelfth grade. The second letter requested a permanent barrier betwee the development and the school property be maintained. A letter from CECIL and CHARLICE DUNNE was read which urged the commission to give more consideration to the traffic problems which such a development will' create. MR. ALBERT MOODY, 863 Camelia voice his concern over the addit centration of people that he bel will create. Mr. Olinghouse out requirements under RD-M zone. P1.ace was present to ional traffic and con- ieves the development lined the parking MR. ARTHUR WESSOS, 3700 Jefferson Street, was pre- sent to oppose the development on the basis of the traffic congestion he believes will occur. MR. DAVID KOYL, 2104 Linda Lane, opposed the development on the basis of density. He believes the density proposed is too high for the area. MR. MITCHELL, owner of 3726 Jefferson,. had no objection to the proposed development; only the high density .which it encompassed. Mr. Hirsch commented that 22.2 units per acre is low to medium density for that area. The public hearing was closed at 8:21 P.M. Discussion ensued among the c,ommissioners re possib widening of the street, barrier requirements, number of parking spaces provided, and entrances to the apart ment complex. COMMISSK 3NERS CITY OF CARLSBAD -3- The applicant agreed to build a block wall separati his development from the .school property. Condition I'D" of the staff report was changed to read as follows "That a continuous six-foot wall be constructed around the entire development." The commission felt that only the area under Phase I shoudd be approved for specific plan adoption, and that Phase I1 be subject to specific plan approval at a later date. But they felt the entire area should be rezoned at this time. A condition was added to that effect. A motion was made to adopt Planning Commission Resolution No. 728, A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL MULTIPLE) AND ADOPTION OF A SPECIFIC PLAN ON PROPERTY LOCATED NORTHERLY OF TAMARACK AVENUE AND EASTERLY OF THE A.T. & S.F..RAILROAD RIGHT-OF-WAY, for reasons as stated in staff report, and subject to conditions of approval as listed in staff report. In addition, two conditions as outlined above were added and one condition was re-worded. A CHANGE OF ZONE FROM R-1 TO RD-M (RESIDENTIAL DENSITY """"""""""""""""""""""""""" 5(b) REQUEST FOR CHANGE OF ZONE - Reclassification in zone from R-1-7,500 to R-3 on certain properties lying east of Eureka Place between Chestnut Avenue and Pine Avenue APPLICANT: RICHARD D. MANTLE Mr. Agatep introduced the staff -+eport of 10-12-71, which requested a continuance for reasons as listed in the report. After short discussion, a motion was made to continue the public hearing until the second meetin in November (November 23, 1971). """"""""""""""""""""""""""" 5(c) REQUEST FOR CONDITIONAL USE PERMIT - To allow ' an animal kennel and associated supervisory buildings on properties located in the Ponto area. APPLICANT: MITCHELL L. POLLARD Mr. Agatep introduced the staff report of 10-'12-71, which explained applicant's request and outlined the sections of the code pertaining to the proposal. The report also listed staff recommendations, reasons and conditions for app'roval. .Staff clarified several questions of the commissioners. The applicant, MITCHELL POLLARD, was present requesting c.larification of several points relating to the conditions he has to comply with. Mr. Cook, City Engineer answered his questions. COMMISSIONERS Motion Ayes Noes Motion Ayes Noes CITY OF CARLSBAD -4- The following persons spoke in opposition or favor: MISS ALCARAZ, 7244 Ponto Drive, informed the commission that her family cannot sleep due to the barking and noise made by,the dogs. I MR. PERRY LAMB, 5171 Shore Drive, who owns property near the Pollards property, believes the Planning Commission should study that area and see how the pre- sent uses fit in the total picture. MR. RICHARD AGUIRRE, 7264 Ponto Drive, complained of excessive barking and odors from the kennel. He op- posed the kennel on that basis. The public hearing was closed at 9:32 P.M. The commission discussed the proposal for a lengthy period. The commission was concerned about the illega trailer which houses a caretaker. They decided to add a condition which would require the trailer to be removed'within a period of one year. The commission also expressed a desire to study the entire Ponto area After further discussion, a motion was made to adop Planning Commission Resolution No. 730, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ANIMAL PERTY LOCATED IN THE PONTO AREA, subject to reasons and conditions as outlined in staff report. Also, an added condition that the trail.er be removed within one year. KENNEL AND ASSOCIATED SUPERVISORY BUILDINGS, ON PRO- """"""""""""""""""""""""""" ~ 5(d) REQUEST FOR CONDITIONAL USE PERMIT - To, allow a ~ nursing home to be built on the southwest corner of 1 Carlsbad Boulevard and Grand Avenue-. APPLICANT: CALIFORNIA LUTHERAN HOMES Motio Ayes Noes Mr. Agatep read the staff report of 10-12-71, which outlined the applicant's request and listed reasons and conditions of approval. Clarification of condition 9 was requested. Mr. Co k, City Engineer, explained that the engineering depart- ment wants.to be sure there are adequate sewer faciliti s before the applicant is permitted to occupy. He said the Ocean Street area was under study re sewer capacit . 1 The applicant, MR. JOHN STEINHAUS, who is the Executive Director of California Lutheran Homes, was present to discuss the proposal and answer questions. He said the sewer problem would have to be resolved before they continued. They will not be able to get financing, etc.' until the matter is resolved. Except for this one problem they are willing to.comply with , a1 1 conditions. Chairman Little asked if anyone was present to speak in favor or opposition. MR. AMADEO FIORE, 3758 Adams Street, owner of the Cutlass Steak House, was concerned because California Lutheran Homes is tax exempt. He is not opposed except I CITY OF CAF?LSBAD -5- I he feels that commercial-type property should pay thei way like he does. MR. JOHN GARNER, 25775 Toluca Drive, San Bernardino who is the owner of adjoining property requested a continuance. He stated he wished to oppose if the hearing was not continued. The commission asked Mr. Steinhaus several question regarding the type of facilities and landscaping. The public. hearing was closed at 10:24 P.M. Lengthy discussion ensued between staff and com- mission especially pertaining to the sewer capacity. Commissioner Palmateer moved for a continuance of 90 days so a sewer project can be studied. The motion was seconded. Mr. Cook, City Engineer, informed the commission a study of this.type would take 6 months. His inten- tion was to allow the applicant to get the procedure for funding start4d while engineering department stu- died the sewer capacity. Discussion c0ntinue.d re the time necessary to com- plete the study. The applicant urged t.he commission to grant the conditional use permit now so he could go ahead with the funding processes. He said he would be willing to delay construction until the sewer study was completed. Mr. Cook suggested the condition be rephrased to read "no building permit will be issued until the adequacy of the sewers is determined." After further discussion, a moti.dn was made to continue the public hearing until the next meeting, so further study could be accomplished: """""""""""""""""""""""""""- 5(e) TENTATIVE MAP - To consider approva.1 of a tenta- tive map for Loma Laguna subdivision, Carlsbad Tract 71-5; Applicant: owner - Allan 0. Kelly developer - Becrah, Inc. Mr. Agatep presented the staff's report and re.com- mendations. The report gave reasons for approval and conditions .the applicant must comply with. MR. W. ALLAN KELLY, 3445 Spanish Way,.the applicant was present to answer questions and make comments. Several questions pertaining to emergency access, lot size, and grading were satisfactorily answered. There was no one present to speak in favor or opposition. The public hearing was closed at 11:04 P.M. Commissioner Jose had questions re emergency access I in case of fire, etc. These questions were answered by staff. Mr. Cook clarified some points concerning grading. COMMISSIONERS Motio Ayes Noes CITY OF CARLSBAD -7- (b) The secretary read a letter from Ernest Adler, Jr. 3836 Cherry Avenue, Long Beach, dated September 23, 19 Mr. Adler urged the Planning Commission to request the City Attorney to void condemnation proceedings for water storage reservoirs, and delay any further action until the commission can make an evaluation, including a determination of the City's position and liability in connection with Section 2302, 2400 and 2401 of Zoning Ordinance 9060. After a short discussion, a motion was made to refer the matter to the City Attorney. """"""""""""""""""""""""""" OLD BUSINESS: (a) There was nothing to report re the 'continued' itmes list. Mr. Agatep reported that he had discussed the problem of the ducks dying in the lagoon with the local representative of the California Department of Fish and Game. The concentration of ducks in one end of the lagoon was possibly due to- large numbers of people feeding them; Thi$ concentration has possibl, created the problem. ADJOURNMENT: The meeting was adjourned at'll:54 P.M. by proper voice vote approval. Respectfully submitted, SANDRA L. LUCKY, Secretafy COMMl SSIONERS otion Yes oes Motion Ayes