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HomeMy WebLinkAbout1957-05-28; Planning Commission; Minutes0 Meeting called to order at 7:05 lp, ?J¶* by Chairman Swirsky. Pmsent besides the Chafrman were Commissioners Yowell., Fennel., Jarvie, Baumgartaor, Stringer. Planning Secretary ;E;F!ald, Planning Consultant Kalieka, City Manaser Nelson* 6ity Engineer Kubota Absent; Commissioner Engelmann. Comm, Jarvie mort& that minutes of meeting of Nay lhth .be approved as correct- ed (error in address of' Mrs, Heisler), Seconded by Comm. Youre& A11 ayesp motion carriedc Coma Stringer raised a question of legaltty as to procedure in setting hear- ing to consider amendment of Ordinance #go60 se: keeping of horses, but lifter discussion it was decided that na legal defect existed and the hearing should be held as scheduled, June 11th at ?:3O P, KO APPLZCATION FOR VARIANCE - LULL. Secretary &.rald stated no Mot.lce of Hearing had been published but a1-d heen mailed noti.Qing all affected property owners that a hearing would be held to consider granting of variance to Melvin Lull, 3981 GarfSeXd, for rear y3:d seductfon to pernit completion of a non- conforming garage building. Circumstances i@vslved included an error of the Building Department due %o misinterpse$aation of' the new zoning ordinance, These were no written. prot;esu.s, and Nr, Lull was present in su port of has application, stating that consant in WiPling had been obtained ! mm the prop- erty owner most affected, Thorlief Helgesen, 3978 Garfield, raised tha question of a possible fire hartardl being created by construction of t.he building on the rear praperty line, Ma was assured that all factors involved wouid be carefully considered, Comm, Stringer pointed out that the variance requeztted constituted more than the 50s allowed by the ordinance, btlt. &?r* KaZicka stated the Commfssion has the right to grant any dagree of acjustrnenc that it deems equitable, after review of all the circumstances; that this applicant began construction in good faith and wa~ notified when construction was nearly complete that it was non-confoming as to setback, After discussfon Corn, Fennel. moved adoption of Resolution # recommend- fnq that the Lux8 varSance be granted, Fifnce the owner acted God faith and was the vict;ia of an honest mistake, that; there have been no protests, and written consents of izearest prcpe1t.t;~ owners have been received, and that no precedent so far as Euture conduct of %he Planning Commission 5s concerned is being set, Seconded 'q Coma. s;arvie, Six ayes, nays, Corn, Engelmann abaent . HEARING - RECLASSIFICATSQN - PL.AC:CDO iMEi'CIHEZD Sec-.-etary Ewld read NoLice of f1earing to consi~~~~~mm E-3. to R-2 of Blocks 43 and bb, Carlsbai Towns€@e, t:~~mcisd cn the north by Chestnut Avenue, on the south by Palm, on the west by 3oosevelt, art on tke east by (fefferson, There were no oral or written abjec~ions, Discussion ttrougkt out that the property lies directxy across from pmperty recenCLy acquired by the Carlsbad Elementary School District which is to be brought into the Pine Avenue School campus by vacation af Chestnut between 2gff'erson and Haraing, and of %he alley between Pah and Chestnut;, $n pmceediz?gs now In p~~g;resp by the City Coluncll,+ All members expressed themselves as being in favor of the rezoning 6s. good plan- ning, Comm, Fennel suggested consideration be g:i.ve!n to extending R-2 Boning to tho south and east of the proporty covered by this application, and Chair- i~an Swirsky stated. the mstter merited study and t~mtzld be placed on an early agersde v that the Staee purchase a stsip of land south of' the present State Park Beach ; acquisition by the City of a portion of the Hosp Tract, to be dbveloped as a City Recreation ama with trails, bridle peths, baseball field, golf course, campl.ng areas, picnic grounds, playgrounds, a small csmmun- ity building, open air theatare, Scout House, am: watw sports area (boat- ing fishing, etc $ ) ; the acquisition by the City of twa sites on A~IM Nedionda now owned by the Sportsman's club and %he.San Diego Gas & Elcactric Company; acquisition sf a 2- OF 3-acre tract adjoining ezch fie# school site, to be developed and mafnt;ainsd by the C ity as neighborhood playgrounds; expansion of Holiday Park along Pia fico, Sunerintendent Westree commented that the recammmiations as outlined. although much broader in scope3 parallel closely thoee made by the Park & Recreation Commission some months aso. In response to a question by a Harbor Commissioner re: plans for specific activities on the lagoon, Mr, KaZicka stated no specffic: design for the la- goon is belns considered at this time but will be taken up in due courseo L’ ” co?nmundt+i.es, favoreble cl ” stfc eonditiom, availabi: cy of a large enough parcel of land, and a prot4r growth pattern, stating Ghat intensive studies of the coastal are2 fmm Santa Barbara south have been carried on for many months to determine the ideal spot for the project, He stated that they arcs ready to start escrows immediately on 45-50 acres, and are negotiating options on another lar e block, He stated the proposed development will be one of the finest in !3 outhern California, ana asked tho Planning Commission to recorn- mend to the City Council the application of urgency interim C-2 zonfng to Che area, with the understanding that the developers will bring in precise plans at each stage of development, After a 10-minute recess, the Planning Commisaion was reconvened at 9:%5 P, M, ‘?.?re Kalicka explained the procedure on interim zoning, as provided in Section E65806 of the State Conservation and Planning Act, granting the Plaming Corn- mission the right to recommend urgency interim zonfng where studies are in progress to determine the ultimate proper use of the land, He mentioned as being now under way or soon to be undertaken the following studies: (I) State Highway De artnent studies toward construction of interchangeat Hi hway 78 (Vista Way P and El Camino Real; (2) Flood Control studies of Ruena f ista Creek; (3) sewer studies by Brown and Caldwell; and (4) Master Street..Blan of the City; a11 of which will be affected and influenced by the type of land use ap- plied to the areah Mr, Kalicka stated this procedure Is used extensively in annexations and large industrial developments requirtng extensive engineering, City Attorney 9mitp1 told the Commission that State law allows urgency interim zoning without necessity of hearing or :?otfce, where studies are In progress or about to begin, as a device for placing propercy in a status quo for a specific usej He recommended that a time limitation be attached for applica- tion for permanen% zoning;, at which time hearings must be held, and cautioned the Commission to make cex%ain that property owners of record file written consents to the interim zsafng, Corn, Fennel asked for specific PneQnces where this procedure has been followed, and Mr, KaPicka seated it was used extensively in the Los hgeles area, Garden Grove, West Coviaa, Pomona, Corn, Stringer inquired as to what method would be used to divert Buena Vista Creek, whether it would be taken underground or carried in an open ditch, and was advised by the City Engineer that such a decision trouId have to await results of the Flood Control studPes, Comm, Stringer moved that whereas the Planning Commission finds that studfes am now being made for proper land use of +he particular area described as tho northeast; corner of the City of Carlsbad, bounded on the east by El Camino Real,. on the north by the City limits of Carlsbad, on the west by the Hosp Tract, and on the south by a parallel line approximately 2100 feet south of the north City limits, and thaP; further land studies are contemplated for the area; that Resolution # 16 be adapted recommending to the City Council the adoption of an ordinance prowidfng C-2 interim zoning bn said property, with the fallawing conditions: (1) that withfn one year the applicant shall. apply for a permanent zone change; (2) that before any development in the area, a precise plan shall be submitted for approval by the City; and (3) that the applicants secure and file with the C icy, writtsn consents ob: the record owners of the property in quest.ion, Seconded by Corn, Fennel, Five ayes, no nays, Corn Ihgelmnn absent (. Chairman Swirsky reminded the.Comission of the following pending matters on whfch they should be prepared, If possible, to take action at the next meeting: f 1) cross-sections of s’treets; (2) cross-sections of curb designs; and (3) to study the advlsabili*ky of extension of R-2 zoning east and south of Blocks 43 and 44$ Carlsbad Tom.sfte, ‘rfa also reminded members of election of Chairman and Vice Chairman to De held at the second meeeing in June, and recommended that the Commission return to its forlner practice of holding hearings only on the f lrst meetSng of the month, -3- 1- - I V