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HomeMy WebLinkAbout1959-01-27; Planning Commission; MinutesMINUTES OF REGULAR MEETING OF CARLSBAD CITY PLAXFINO C0I;II;ZISSION Janumy 27, 1959 1- The meeting was called to order at 7:38 P.M. by Chairman Pro Tern Ebright. Present besides the Chairman Pro Tern were Comissioners Fennel, Stringer and Jarvie, Absent Chairman Sdrsky, Comiscioners Baumgartner and Hayes , 2- Xinutes of January 13, 1959, The Connission requested that the minutes be corrected as follows: a, On paze 6,, paragraph 8. e., in order to clarify the section of Oak Street referred to, ft was requested that the words "betmoen Garfield Street and the railroad" be insepted after "Oak Street", b. On page 6:, paragraph 0. as, that the decision of tho Cow mission be shovn aa follows: ''It was the decision to take negative action by virtue of doing nothing," statement: the woxbd "primary" be changed to "major is (Statement by recording secretary - The short hand notes of the January 13, 1959 meeting show that the City hgineer referred to Tamarack as a "prizzary street", 2.-.,bsterfs Dictionary shows a definition of 'tmajortt as "of primspy consideration"; and a definition of "primary" as "ffsst in degree, !=?x&, or importance".) C. On page 4,, paragraph 5., second line of Cit hgineer's Corn. Hayes vms prosent at 7:42 PITb!. The Secretary read the mendmont a3 prepared by tho City Attorney. Chairman SwSrsky was present at 7:46 P.1.I. Chairman Pro Tern Ebright resumed his chair as Commissioner. The Chairman reveevred the situati~:~. concerning utility easements stating that the c5.ty ordinance rsJuires subdividers to dedicate easements, but that; be utility c.3.qmnies generally had acquired their om easernentx; md placed th.3 poles and lines in the street . 3 right of way ; that the Planning Comission had requested the Secretary to-advise the utility companies that they would be required to use the easements at the rear of proprty, and the City Council had reiterated this request. MR. EVANS of the Sen Diego Gas and Electric Co, stated that he had not come to motest the activity of the Planning Conmission nor of the City Coukil, but to discuss A common problem; that this had probably arisen because it was tho opinion that the poles and lines in the street detracted from the f3)ont view; that it was the com- pany's responsibility to provide service and they tried to do thfs in the best manner possible without waste to bring the serv.ice to the people at a price they can afford to pay; that they had just gone through a prico raise about which avoryone mas complaining; they felt the location of the poles which have been put on the street in many cases was in accord.ance with thei2 agreement wlth the city franchise; that they were will.ing to dfscuss the problem and do the best they could to Get the poles out of sight, XI?* hms then brought out some of the problem involved in plclcfng, and maintaining poles at the rear of properky lines which include: rear lot lines are not graded as are streets and could be 40' to 50' below tho lot level; no complaints have ever been received about wires attached to the front corner of a house, but many complaints have been received about birds sitting on lines and poles in the back yard where they cross clothes lines and patios, and particularly if they cross to a neighbor's lot, in which cases they have had to move a lot of wires; where alleys are provided and whers it does not mean a duplication of service, the Company is wcllinz to put the service in back but, because of the hi@. cost of wageB9 it is necessary to buy and use mechanical equipment which is larp and heavy and ,can't be driven over private property without much dmap; rear lot lines are often ir- regular wLth one p9.ece of property running farther back than the one next to it; servicct put in the st-rpset serves both sides, but would often aerve only one sfde if' ~Xt~~~~il 2.n %be ztaw: .b 1s*~2dPI;lon, wh~t~ S~PSO~ 1,,4.$ts are ilnstlnSbo<, ~~&X-Lloucl g~olec wU~. have t;~ tpo :>kt? tho ~tmtat whkh niLl te I, du;)Irhoation of servfceo The Chairman explained that; the Planning Commission and City Council we basically concerned with a new subdfvision having a normal situa- tion where the util.ity easement could be in the rear and serve both sides NR. EVABS asked if the city wovld be nilling to mlntain alleys so that heavy duty equipment could be used to service the lines. The Chairman said probably not at this time, IJR. EVANS stated that the problem of maintenance should be considered as when a wire fal3.s on a stormy :ni:p-t the difficulties encountered in locaking it and fixing it when located at the rsar were such that it would usually bc; the next day before the repairs coulc! be madeo He then stated 1J.r. Sfmott had som p8ctuses he would like to show the Commission, MR. SINNOTT, Head of the Engineering Department, San Diem Gas and Zlectric Co. produced several sets of pictures showing damage done to property where poles and lines were placed at the Fear of property, which he submitted to the Commission, He then stated that It was his responsibility to see that the poles are proper and they. would like to go .alogg wlth the Commission where possible, but there were some instances where it was difficult to do; that Carls- bad is in a fringe area where TV is concerned, and it is necessary to wash high voltage line's to cut down interference as much as possible; that maintenance 1s: difficult where the lines are built first and the property ownerg1 build right across the property lines; and the utility companies have to Get their om easements. Corn. Cbricht asked if property owners can legally build on utility easements. iAR, SIKTOTT stated they can build underneath as long as they do not cause an infraction of Public Ordsr 95 of the Public Utility Con- mission, He further stated that in nany instances the lines can be built at the back of lots if the dhtribution is only 4,000 volts, but when it goes higher it creates quite a problem; and that one of their biggest probl.ems is the irregularity of back lot lines, The Chairman statec. the Commission would like to ask a few questions; that tho problem had arisen because if the utility easements were not going to be used, they shoulir not be required; he then asked if the utility companies would have any objections to using the easements where subdivisions were planned in strai&t row lots with no offsets. MR. SINNOTT stated that they had no objeation to using them, but they would still have to obtain the%r own easements from property owners IdR. SINVOTT stated that there are other areas having the same ordinance; ,that the Cornpany subnits a map to the Planninfs Comission stating on that may: rlhere they think the poles should go and, in an accompanyfn,-, letter, gives their rewons for the declsion and asks for a 'variance of the ordlnance where poles are in the stroet, He then stated he thought this plan ~~ould work well in Cnrlsbad, and they tvovld like to go alonz with the Coxnission where possiblo, but there are instances where it isncl; practical, KO then cited El Cajon as an example of how ne11 this plan works. 1.3. Sinnott submitted 2 layout plans for Seacrest Estates, one showing the poles in the streets and the other shotvfng the poles at the rear property lines, -3- and explained why they considered the latter layout lmpractlcal, His reasons included the drop off of land on the west side, the line of trees along the west and north sides, and the additional poles re- qufred for the rear installation which would only serve one side, Xore discussion was given this matter, during which Xr. Sinnott stated that the Telephone Co. uses the smo poles where possible; that when the tentative nap for consideration by the Plannin& Corn- mission is subrnittod to them, the encineers of both conpnnies will get together and ftCure out the best wa3 to sorve thc subdivision; and thab they vmuld request a variance if thero VJ~S any cllange ikon the ordinance, IB. Vi L. LAXJOB,. of the &an Die;;o aivision of the Pacific Telephone and Telegraph Co. stated that he hadwry little to add to what had been said; that they are.agreeable to using the rear lot lines where feasible and work 5n conjunction aith the Gas and Electric Co,, and the only times they might use a separate pole would be when there was a substation or when high voltap lines were involvedo The Chairman surmnEu.ized what had been covered by the foregoing dis- cussion, and thanked the gentlemen :Prom the utility companies for attending this meeting. 4- Proposed amendment to Ordinance *lo, 9060 to permit day nurseries in h-1 Zones on condii;ional us8 permit with period review by the City, tContd. 1 The Chairman stated that the discussion on day nurseries would be continued at this 1;irne. corn. Hayes referred to the proposed amendment as prepared by the City Attorney and stateu her only concern was paragraph e. as, according to that, anyone In the city could sizn a conplaint and she thony$t it s'nould be narrowed down to the imecilate neighbors. Corn. Hayes stated she beli8ved sho had indicated that ihey had tried to contact Co~m. Stringer but had been unable to do so, and also that he wo~:ld not have agreed with the other members. The Chairman stated that a decislon should be reached as to whether or not this matter should be set for a public hearing, after vbich it could be discussed. It was moved by Corm. Jarvie and seconded by Corn. &ayes that a pub- lic hearing be set on the question of allowing day nurseries in R-1 Zones with a condi1;ional use permit. The Chairman asked for a roll call vote. Chairman hirsky-, Cornmissioners Fennel, Ha es and Jarvie voted tlyes"; Commissioners Ebright and Stringer? voted gnol'; Comis- stoner Baumgartncr absent. The notion was CWried. Considerable discussion was given this matter during which it was decided that pnrapaph 3, should be amended b include the wording "signed written complalnts wlthin a radius of 300' of the property', It was further pointed out; that the proposcd amendment did not limit tho number of children or state the minim yard moa, and that while day nurseries would have to come up to state and county requirements, there mere-less restrictions on day nurseries than on day schools. I.' It 'wais. xovcd by Gomn. &bright and seconded by Con.!.!. Jarvie that the committee make a further study of the rnattor before the subject of allowing day nurseries in R-1 Zonas with a conditional use pennit is sot for a hearing, 6 ayes, motion carried. 5- Clarification of ambiguity as provided in Article 15, Section 1802, of ordinance No. 9060 to permit soft water service plant in CoM zone, The Secretary submFtted proposed Besolution No, 104, recommending clarification of zoning LIS it applies to water softner plants in C-M Zones, to the Conmission, The Chairman stated that when the ordinance was written, the members of the Comission realized they hai not anticipated every we that might OCCUP In eveq zone; that Section 1502 of the ordinance pro- vided for clarification of ambiguity; and this was a question of whether water softner plants were a permitted use. The Secretary statod that he had an application for a water softner plant to move from Oceanside; he had discussed the matter with the City hngineer becauso of the effluent they procluco In regenerating the tanks and there vas no objection to the plant providing the effluent emptied into a storm sewer rather than the sanitary sewerage sys tem. 6- Master Plan Discussion, The Chaiman stated. that this had been put on the agenda to 888 if the Commission was ready to put the bster Plan up for public hearing and either approve or disapprove 1%. It was moved by Conun. Ebright that the Master Plan be set for a public hearing, L Some discussion was given this matter during which it was the decision that the Planning Commission should go through the kIaster Plan as a group before setting a public hearing. Corn, Ebri&t withdrew his motion, The Chaiman stated that the sections on Streets and Highways, Parks and Recreation, and Public Duildings would be the sectlons studiod at the next meting, and that he i70Uld like to have a representative of the Parks and Recreation Commiss’ion present for the study on that section. 7- Witten Correspondence: a. The Secretary read a letter from the San Die& Gas and Electric Go. regarding placement of utilities at Linmm? Village. After some discussion on the matter, it was decided to postpono any action until the next meLinz so that each Commissioner could per- sonally vfsit and study the location, b. The Secretary road a letter from U. L‘. Rogers offering to dedicate property :?or street purposes. Discussion was given this mattor during which it was pointed out by the Chairman that the City bounci1 has accepted no dedicated streets unless they have been improved for subdivislons, and stated that before going into any of‘ these problems, the first problem would be whether the street itself is feasible in the area, The Secretary was then requested to secure a report from the Engineering Department to see if they have any suggestions, and to send n sketch of the section to each Com- missioner so they could personally visit and study the location. C. The Secretary read a letter from Frank 2. Smith concerning the acquisition of property for Hollday Park. The Chairman stated that a letter recomendinz doleticn of property from t3m Master Plan will probably be received by the Comrission. The Conmission did not indicate any action at this time, d, The Chairman stated he had a letter from the San Diego County Planning Coagress requiring that the Carlsbad Ylanning Con- mission elect a Di:?ector and an alternate for the onsuinc year. Corn. Fennel nominated Chairman srvirsky as Director. The Chaiman stated that as he had served for two years he felt someone else should have the advantage of serving, Com~ F0IUI31 withdrew his nomlnat ion. After some discussion, Corn, Fennel nornlnated Corn, Hayes as Dlrector and Chairman Swirsky as alternate, Corm. Ebright seconded the nomination, 6 ayes, nomination carried. 8- Oral Communications - t a. Corn, Stringer acknowledged his appointment as Chairman of the Committee to study the Industrial Zoning Ordinance, and asked if there was anything in particular the Committee should pay attention to. The Chairman stated the Cornittee should review the ordinance with reference to the changes proposed in the Chamber of Cornmeroe letter, and review the zoning map as to industreal propertyo a By proper motion, the meeting waa adjourned at 1O:lO Respeatfully submitted,