HomeMy WebLinkAbout1958-04-22; Planning Commission; MinutesMINUTES OF REGULAR MEETING OF CARLSBAD CITY PLANNING COMMISSION
April 22, I958
1- The meeting waa called to order at 7r32 P.M. by Cbairman Baumgartner. P reaent beaidas the Chairman were Commiaaionera Fennelb Jarole, Swirsky, Stringor and E'brigW; City Manager Nelson and Secretary Price. Absent Commiaeio~.r Engelmann.
2- It waa mwed by Comm. F.anal and aecoaded by Comm, Jarvie that tho mfnutoa of April 8, 1958 be approved u aubmitted. All ayes, motion carried.
3- HEARING - Variance -* W. D. Garrett. Notlca of heui wae read wherein be appriccurt requea@a a ?edUCtlOQ in &out yard rotback 7 rwn 20' to 5'; side yard setback from approximately 5.7l to 59 and rear yard from approximately 11 -5' to lo', on property located on the corner of Ocean Street and Mountain View AQO. , more particularly described as Lot 41 * GranvLUo Park.
Tha Chinrun asked the applicant if ab wiahed to add aaytbing to her application, Tho applicant atatod ab bad nothing to add at tbib time.
EDDIE R. VAWUEZ, 2340 Ocean St., atatad he wiahed to challenge Mr. Fenru~ regaramg Mr6. Garr.ttla rallkla.
MRS. GARRETT, stat& that Mr. Forme1 did pot hndl. hr rental.. Comm.
.rmoi et.#a ne Ii.d never haadkd' Mrs. Garrett's rmtala.
MR. VASQUEZ, informed the Cammiasionera that Mr. Christiamaen had 'inrormeat Mr. Fennel handled Mra. Garrett's rentals.
MRS. GORDON' JOHNSTON, stated aim and her mother owned the property
with the othsr properties on the atraet. Becaaoe of the lots being small mho did not feel multiple dwelliaga akoukd be allowed.
MRS.. GARRETT, stated that all the properties did not have the aame *oat yara setback. at3 area was eoned R-3 and when the property ownera purchased property in thio area they ware aware of thi8 zoning.
Comm. Swirsky aaked the applicant if tho building would face on Ocean Street, as this was a corner lot. and the applicant informed Comm. Swirsky ft probably would have to.
Mr. Whitnall asked if there waa a plot of the entire area. Tbr 5.cratary presented a drawing OE this area for the Commission to review.
Public baring was cloaed at R49 P.M.
M ree Garrett informed tho Cornmiasion ahon they ret up tbc plot plan they trfsd to oet the house in line with the majority of the houses on the atawrt, M?. Vasque5 requested the word "approximately" deleted in the measurements.
Soraw a* zed N ormmnay -ne, and they would like to aee the variance in Liao
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Comm. EbrSgM moved that tho mottor be bbzh under Soudp lo that a
be considered at the next regular meoting. Scconded by Comm. Swiroky. serious mi5tako would not be made in granting this variance, and the matter
Six ayes, motion carried. Mrs. Garrett requested a special hax'ing be held
public hearing had been closed, By common consent of tho Commission it was before the next regular meeting. It was poiiitod out to Mrs, Garrett the
agreed tho matter should be coaaiderod at the next regular meeting.
Cornme, Ebright requested a staff report on former casea in thc ana.
4- HEARING - Resolution of Intention No. 6 c Amendment bo Ordinance No. 9060. to aIlow altmrauona an~am
of publ€c maring waa reaa, to c0nrtd8r an alneuciInmt to Zoning UratPance Nor
on6 to nomea In tM "G" and "1"' %ones. Notice
9060, Section 1705 (b) and Section 1705 (e), allowing etructural chmgea and altoratione to nonnconforming buildings in tha "C" and llM" sones.
4. Mr. Whitnall statod the preeed ordinrncs opexatos in both directionr provents commercial zoning from entering into residential zoning and residential eoning from ontering into comnurcial. Mre Whitnall prerentod a propoaed amendment to the zoning ordinance allhing structural changes and alterations to non-conforming buildings in tho "C" and I'M'' eonas. City Manager Nelson asked the Commission to review their reasoning for this restriction at tht time the lioning ordinance was pasaod. He atated you can haw a good commercial -ne and a good residential sone only if you abide by these re- atrictions.
Comm. Swirrky stated that if this section of the ordinance wa1) amended that tho life of a residence could go on indefinitely; if you allow Wcl amendment you would bo defeating the whole purpose of the m;oniag ordinance, due to the fact that if you,allow these structural changes to residences it oxtend. tha life of the building. A residence in a "C" zone colild exist forever aa Long as it
was not removed or destroyed. Ha pointed out to the Commission that the application pending nhould have nothing to do with tha policy being set.*
Comm. Stringer stated that if residences were kept up in a commercial zone
residence. that a commercial car business house would not object to moving in next to this
Co-. Ebright stated that the point8 that Comm. Swirsky brought up bad
been discussed prior. As the ordinance now stands thero is no abatement time for residences. The purpose of this amendment was to maintain the structures, and it does not change the degree of non-conforming use. Comm. Ebright moved that Resolution 863 bo adopted recommending an amendment ta Ordinance
changes aud alteratione to existing residential structures in "C" and "M" zones. No. 9060,'Section 1705, Paragraphs B(1) and C (1). to allow structural
Seconded by Comm. Jarvie. Five ayes, Comm. Swirsky voting no. Rea, #63 adopted.
5- CIVIC CENTER MEETING. Several of $he members from the Woman's Club
and Lib discuss Oha Civic Center Plan. As Mr. Hatch had not arrived the Chairman rary C;ommasston were present for the meeting with Mr. Hatch to
declared a short recess.
Tho meeting reconvened at 8:53 P.M.
The City Manager informed tho Commission he had called Mr , Hatch and was informed he was attonding another moeting. The Chairman suggested to Mre Nelson that be arrange a meoting bofore the n@ rogular meding of the Commission and notify all interested parties.
6- Lobi from tha Carlsbad Union School Distrikt was read whorein they
requested th. Commission's approval of thr propomed rite for a now grammar sohool. Mr. Whitas11 informed the Commission this was a usual practice.
This roport should contain any idonnotion Urat you might have of the develop- Citios haw no control over Government buildings, schools or County Buildings.
moat in this area. A plat map was mrreaSed for tho Cornmisalon's rcvibw.
cortainly make good us. of this proporty. Mr. Whihll informod the Commie-
Comm. F.nnel stated ho felt tho school being loeatod in.SaOt aroa would
Comm. Fennel asMd if the City Managor, City Enginbor and other departmontr mion ho would send down a form lettet for thdr roply to the rchool district.
should not bo notified in relation to this inatter. Mr. Whitnall stated the Commission should certainly ask for their comments.
7- Street Improvomont widths. A drawing was prerentod to each of tho Commie- sioners snowing differeht dreot widths. Mr. Whitnall informed the Commisaion tho drawing was not completo and suggoated that the drawing be completed and
the matter discussed at the meeting of May 13, 1958.
8- Private Easements. Discusrion was given to privats easomcnts. Mr. w63nau suggestsa that a common pattern bo drawn up for there lsnd locked properties. Comm. Ebright asked if this would not bo infringing upon &e subdivider. Mr. whitnali informed the Commission that if you just engineer City property and not privata proporty you would not be infringing.
9- ' City Attorney Report - William Fair reque@ for Stre& Names. The City
A%amev.a rewrt warn read. wheretn 1uI auotea two sectionl) from tho StrOet8 ~. . . - - - and Highway Code of the shte of Califorha, r~ferring to City Streets and Streets. He stated that a broad interpretation of the two sectionr would allow the City Council to give names to privato street. as well as City streets, whereas a narrow construction would only pennit the City to give namoe to City streets. He further stated that in order to give the widost possible waning to the sections quoted, and to accomplish the greatwst public con=
would permit the City Council to derignate names of private streets, which vetdeuce, he felt the more liberal conatruction should be rdopted, which
can be accomplished by the City Council adopting a resolution after receiving
the Commiesion's recommendation.
Comm. Ebright stated he disagreod 1007%. He felt that when you refer to streets that you refer to public streots - if you set a precedent, where do you stop? Comm. Fennel stated ho Celt the City should have something to oay about the naming of the streets, as it makes it very inconvenient for everyone coacezned if them is a.dup1ication of names.
Mr. Whitnall informed the Commission the City Attorney's interprotation merely states what you may legally do.
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this request was to eliminate confliction of street names by the City and Comm. Swirsky informed the Commission the rea8oll Mr. Fair had made
the trailer park, and to enable tho occupants of the trailer park to receive mail - and tho quention before the Commiasion is "Sbould we allow private streets to bo named in a private area? "
that Mr. Fair's .requast for the naming of his lanes in,th. catagory of street Comm. Ebright moved that the Commiosion recommend to tbe City Council
names be denied. Seconded by Comm. Swiroky. The motion was with- drawn as it was felt the wording of th. motion should coincide with tho request made in a ktter from Mr. Fair. It w&s agreed the matter shouid be continued until the next meeting in order for Mr. Fair's letter to be preaented to-the Commission. ~.
10- Mr. WMtnall bad been requestad by the Co&il and the property owners on
Pi0 Pic0 Blvd. to submit a redevelopment plan of Pio.Pico Drip.. He we-
for the next meeting of the Commission. sented an incompleted plan and stated he would haw the completed plan ready
ll+ Reclaseificstioq of Stein Property - Roosevelt Street. The Secretary brought
the^ attention of tM commisston. Mr. titan's apptication for reclassification of certain property on Roosevelt &reet. The hahng for the rechsaification had been postpoped until such time as Mr. Skin wished to appear before the Commission, The City'Managtr informed the Commission Mr. Stein had been in to see him to see what action the Commisdon bad taken on his request, and he had informed Mr. Stein tha matter had been postponed until such time
as he wished to appear before the Commissionb Mr. Stein had informed him that if he had to improve this property in accordance with the Commiseion'a requirements that he would withdraw his ipplication.
Mr. Whitnall explained the problems involved when you require a property owner to put in improvements at the time the reclaasification is granted. and then at a later date the street is improved under a 1911 Act, or some other msans of financing, the property Owner is assessed again, as he
explained if a precise plan is adopted for an area, the owner in not required cannot be exempt when thd property is within an improvement district. ,He
to put in these improvem~ts at the time the reclarisificaiion is approve?,and would not dedicate his portion of the property for street improvements to the City at that time, but would not be allowed to build on thio portion that might be usad for otreet purposes at some future time.
out with the shopping center, the Commission made certain restrictions on Comm. Swiraky inbrmed thc Commission that at the time they had sbrted
the reclessification, and it was interpretated by the Council and the City Attorney that the Commission could not im we restriction8 in conacetion with
mission set the matter for hearing at the next regular meeting on May 13;
granting a reclassification. Comm. Swirsb moved that the Planning Com-
1958. Seconded by Comm. Ebright.
By proper motion the meeting was adjourned at 10.~55 P.M.
Secretary