HomeMy WebLinkAbout07/26/1976 (2)City Council.Minutes
July 26, 1976
Page 2
Other problem properties that were studied by the Planning Commission included
parcels along the west side of Elks Lane. The General Plan and the proposed Zoning
plan showed property south of San Luis Creek as A/C 5. This area was being used
for agriculture, had been flooded by San Luis Creek, and was highly visible from
Highway 101. There was an un -used gas station building on part of the property
across from the drive -in theatre. The property is now zoned "U" (unclassified).
The Planning.Commission recommends A/C zoning.
Mayor Schwartz opened the hearing to the public.
Regarding the_Prado Road area, David Farmer, representing Louis Schivaon, 350 Elks
Lane, appeared before the City Council objecting to the Planning Commission's
recommendation for an A/C zone for his property in view of the fact that his
property had been used in the past as a vegetable stand, service station, etc.
It was now proposed that it be returned to farming and his client felt this
deprived him of any beneficial use. The only possible use.allowed by staff
would be for a nursery which he felt was not practical next to a freeway. In
the past, prospective purchasers of the property had been referred to the City
and were told that the City was not going to allow any uses prior to the adoption
of the General Plan. Now it was proposed that the new General Plan betinterpre-
tedn. to deprive the property owner of his rights,, bringing up the possibility of
an inverse condemnation suit. His client felt that the A/C zoning should be
deferred and the property used for commercial purposes as in the past.
Jesse Jacobs, Chairman.of the Board of Trustees for the Elks Club, appeared to
discuss the designation of four acres south of the existing lodge building and
parking lot. He stated that the Lodge wanted to keep this.area in an "U" classi-
fication rather than "PF ".
Jesse Norris, 2047 Wilding Lane, questioned the rezoning between Royal Way and
Newport. He stated that this was not consistent with the adopted General Plan.
The proposed rezoning, which included.the Laguna Village Inn Shopping Center,
proposed over half to be commercial with the remainder zoned R -1 (medium resi-
dential). This involved approximately 4 -1/2 acres of land. He was concerned
as to what prompted the planning staff to allow this.
Barney Duveneck, 1800 Prefumo Canyon Road, objected to the rezoning of almost
half of his property (20 acres) to A/C (Agricultural /conservation).
Don Smith, 1750 Prefumo Canyon Road, presented a petition of 128 signatures oppos-
ing the addition of 88 mobile homes to the Laguna Lake Mobile Home Park and
recommended the land be used for either a park or a planned development of single
family homes.
Robert Noyes, 1901 Royal Way, objected to the Planning Staff's recommendation to
rezone his property (approximately 6 acres behind Royal Way residential development
on the west side) to R -1 -S. At the present it was zoned "U" (unclassified) and he
felt it should remain that classification until they had an opportunity to decide
want they wanted to do with the property.
Ben Rudnick, Attorney for Rockwell Federal.Credit Union, came before the City
Council to represent R.F.C.U.'s two properties: 1).215 acres from Royal Way almost
one mile into the Irish Hills; and 2) 26.8 acres currently leased to the City and
being used as a golf course.
With regard to the Irish Hills Property, he stated that his client was preparing
a planned development through Priest, Richmond, Wolf & Rossi, architects. He
felt that the Planning Staff, by rezoning this property to A /C, was really declar-
ing the property as open space, as there was nothing that could be developed on
this parcel. With regard to the golf course property he stated.that.the City was
actually confiscating this.property for public purpose without proper payment to
the owner. He stated that the City was taking private property for use as a public
facility, which was condemnation. He stated the City had three alternatives: 1)
The City had an option to purchase the property at_a.figure somewhere between 1/2
and 1/3 of its value; 2) Using the means of condemnation, to pay the full value of
the property; and 3) inverse condemnation, which the City was apparently trying to
do. He said the property was now zoned "U" and felt it should remain "U" until
the City put itself on record to either buy or not to buy.
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