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HomeMy WebLinkAbout1962-06-26; Planning Commission; MinutesMINUTES OF THE CARLSBAD CITY PLANNING COMMISSION MEETING June 26, 1962 The meeting was called to order at 7:30 P.M. , by Chairman Grant. Present besides the Chairman were Commissioners Davis, Ward, Ewald, Palmer and Sonneman. Absent, Commissioner Jarvie. Approval of Minutes of June 12, 1962. A motion was made by Commissioner sonneman and seconded by Commissioner Ewald that the minutes of June 12 , 1962 be approved as corrected. All ayes, motion carried. The Secretary was instructed to send a letter of condolence and flowers to Commissionep Jarvie. Written Communications: - (a) The Secretary read a letter dated June 19, 1962 from Philip J. M. Doyle, Managing Director of the Western Mobilehome Association stating that the National Conference of State and Regional Mobilehome Associations, representing the Mobile home Associations throughout the Nation, in cooperation with the Trailer Coach Association and the Western Mobilehome Associations , will hold a Mobilehousing Conference at the Charter House, Anaheim, California on July 15, 16 and 17, 1962. A cordial invitation was extended to the Planning Commission and everyone interest to attend this Conference as it will be a major contribution to the future growth and acceptance of Mobilehousing as an acceptable part of the community. (b) Letter from J. Dckema, District Engineer of the Division of Highways, dated June 15, 1962 , stating that at the request of the 1961 Legislature, a preliminary plan for scenic tzghways was developed for Scenic Highways by the State. In order to determine the acceptability to the various localities of the routes , a "work shop" meeting is being planned in San Mego at the Puppet Theater in Balboa Park on Tuesday, September 18, 1962, beginning at 10 A.M. They invited the Planning Commission to send one or more representatives to the meeting which will be con- fined to route locations; refinements in terms of roadside rests, parks, etc. They will welcome any ideas or suggestions for changes in the Preliminary Plan with maps and written statements , for future use. If the Commission wish to meet with them informally before September 18 , they will be glad to arrange this. There was a discussion about the on and off ramps off ramps of€ U. S, Highway 101 at Terramar Drive. It was pointed out that from information received from the Division of Highways in San Diego, there probably would be an on ramp to the northbound traffic and an off ramp to the southbound traffic but no ramp on south side of Terramar Drive. The on and off ramps would not be any closer together than some of those in Oceanside. It was agreed that on and off ramps and an access road are necessary to the land that will be part of the City after annexation. Upon motion by Commissioner Ewald and seconded by Commissioner Palmer, it was unanimously agreed that the Secretary of the Planning Commission be asked to sit in on various meetings regarding the development of new U. S. 101 Freeway to land south of the City, this side of Leucadia. The Secretary was requested to have a report back at the next meeting regarding on and off ramps to the south of the City and access road. Commissioner Sonneman stated that she does not feel that it would be reasonable that the Division of Highways would only have one off ramp at Terramar. -. -2 The Secretary reported tM Terramar Drive is shown as a major street on the Master Plan and the Planning Commission has sent a memorandum to the Council regarding the extension of Terramar l3ri.ve , and tne Council instructed the Engineer ing Department to prepare a precise plan. Commissioner Davis stated that from the limited information he has had, if they grant off an on ramps at Terramar Drive, the Division of Highways will do away with one of the other clover leafs in the City of Carlshad. (c) Letter from Dale Joslyn, President of the Oceanside-Carlsbad Sportsman's Club, Inc , dated June 18 * 1962, stating that they are property owners in the Agua Hedionda area and feel that the rezoning to C-2 will greatly benefit the Oceanside- Carlsbad Sportsman's Club, as well as the City of Carlsbad. (d) Memorandum from the office of the City Manager to the Planning Commission; Subject: Harry F. and Laverne R. Kelley: Appeal of the decision of the Planning Commission for a variance to allow a lot split. After due consideration, at the regular meeting of the City Council held on the 19th day of June, 1962, by a unani- mous vote of the Council it was agreed that the appeal for a variance to allow a Lot split with a 50' frontage be denied, and that the matter be referred back to the Planning Commission for reconsideration, with the recommendation that consider - ation be given to allowing a lot split with a 60' frontage to a depth of 35', then jogging 10' to the east and thence south to the rear lot line. Commissioner Sonneman stated that that was what she suggested doing at the time of the hearing and was in favor of this as it would not interfere or change the aspect from the street view. It would not interfere with any building plans. Commissioner Ewald stated that he had made a motion to approve this property for a normal 60' lot split, since the building was there and all of the property belongs to the same owner, something could be worked out with the new owner if this property were sold. He did not want to put Mr. Kelley to any hardship. The only part concerned is a portion of the garage which is used as a utility room. He felt the Commission should not deviate from the regular policy. HARRY F. KELLEY stated that he had asked the engineering department if they could put a 60' line straight through the property and they informed him it would be necessary to ap@y for a variance because of the building. RICHARD S. OSBURN, Building fnspector , stated that they would have to move the building if this was sold if granted a straight 60' lot split. Commissioner Palmer stated that Chestnut Avenue is presently zoned for 60' frontage and there is a lot of land there which is not developed. He believes a 60' lot is proper and the building can be taken care of if sold. MR. KELLEY asked the Commission what their reaction for buying this property would be considering that he would have to grant an easement all of the way back because of the house. The first building is old and the original garage is 15' from the property line. The new building comes back 38' so they would have a space around it. Commissioner Ewald was the building inspector then. There was a discussion about having an easement on the property and the problem of setting a precedent by creating a substandard lot, and that a future owner in 20 years might have trouble selling property with a jog in it. .. .' A motion was made by Commissioner Sonneman and seconded by Commissioner Davis that the Commission concur with the findings of the Carlsbad City Council allowing a lot split with a 60’ frontage to a gspth of 35’, and then a 10’ easterly jog in the westerly property line and extending to the rear property line with a width af 50’; and that the approval of the application be subject to monumentation as required by the City Engineer. AYES: Commissioners Davis, Ward, Grant and Sonneman. NOES: Commissioners Ewald and Palmer. ABSENT: Commissioner Jarvie. Oral Communications. Commissioner Sonneman stated that she had received a phone call at 3 that after- noon from Tracy Priest, 51 East Foothill Blvd. , Arcaciia, Phone Hillcrest 6 -2850, Attorney for Mrs. Bonnie Casey who owns 5.34 acres of land by the lagoon between Shelter Cove and Whitey’s Landing. Mrs. Casey protested the change of zone from R-1 to C-2 or R-T amended. The Secretary read a letter addressed to the City Council, dated June 13, 1962 from Robert G. and Virginia Tiegen, 1340 Oak Avenue stating that they agree with William Guevara in protesting this change of zoning along the lagoon. HEARING - RESOLUTION OF INTENTION - Amendment to Ordinance #906D,Sectior; 900, relating to permitted uses in an R -T Zone (Residential Tourist), by adding subsection (5) to include restaurants, bars and cocktail lounges (on-sale liquor) and liquor stores (off-sale): said amendment being initiated by City Council of the City of Carlsbad. The Secretary read Resolution No. 827 of the City Council and certified as to publication of notice of hearing. The Secretary reported that he had made inquiries of various cities from Newport Beach south: CORONADO allows no liquor other than in a C zone. They do allow it in their most restrictive C-2 zone in restaurants only as an accessory use at hotels and motels and do not permit any outside advertising. CHULA VISTA allows liquor in C-1, C-2 and Industrial zones; restaurants in C zones only. EL CAJON: allows liquor in C and M zones and restaurants are limited to com- mer cia1 zones only. ESCONDIDO: Liquor and restaurants are limited to commercial zones only. ’ LA MESA: Liquor and restaurants are restricted to Commercial zones only. -4 - NATIONAL CITY allows no liquor other than in a Commercial zone. Restaurants are in a C -2 zone but not liquor. Their C-2 is restrictive and is comparable with our C-1 . They have C -3 and C -4 zones but liquor is not permitted in these zones. SAN DIEGO allows liquor in C and M zones only. They do have one R-5 zone which is a recreation zone and the only place that it is in exishnce is on U. S. Highway 80 in Mission Valley. The bay is either Commercial or Residential. R-5 does permit golf courses, bowling alleys, multi-dwellings, restaurants and cocktail lounges, etc. They do have residential homes in R-5 zone but the minimum lot area is one acre created especially for this usage. THE COUNTY has no ordinance and leave it up to the Alcoholic Berverage Control which permits restaurants in C a,rid M zones. LAGUNA BEACH restricts liquor to Commercial and Manufacturing zones only. NEWPORT BEACH has an R -4 zone which is similar to our R-T and allows liquor to be sold by Conditional Use Permit as an accessory use to restaurants with no outside advertising; otherwise Limited to C zones. Restaurants are restricted to Commercial and M zones and in R -4 zone where accessory to hotels. The State =vision of Beaches and Parks permits no sale of liquor on the beaches but have no objectidh to consumption of liquor on the beach. OCEANSIDE permits liquor in C zones only. By a recent amendment to the R-T zone they allow restaurants in motels but no liquor. MRS. WM. K. SHEARER, 2827 Cottingham, Oceanside, stated th&t she represents a newspaper in Oceanside and is in opposition to having liquor where children are on the lagoon. She is mother with teenage children and is nervous about liquor and boats being together. She cannot see Carlsbad setting a precedent. She has received a lot of verbal reports at the newspaper and has had several phone calls, one being from Rev. Zimmdrman. They have not received any letters that she was aware of on this matter. Mr. Shearer was called out of town and wished to protest this zoning change. J. S. MOORE, Schnaps Shop, 3004 Lincoln registered objection to having hard liquor on the lagoon area where there are speed boats, water skiing and children. He was not opposed to them selling and consuming beer and wine on the premises. He stated that boat owners had discussed this with him and felt that hard liquor should be in the heart of the City where it could be controlled. A. H. GLISSMAN. Whitey's Boat Landing, 4400 Park Drive stated that he agrees with Mr. Moore, and does not feel it is the place for hard liquor as it will change their whole clientele if they serve liquor. He is also opposed to off-sale beer and wine on the lagoon. FRANCIS J. FOX. 4250 Harrison requested that the Commission allow certain sections of the property along the lagoon to be zoned to C-2 as they have done at Pirates C,ove, and reduce the amount of area to be zoned C -2. He had made the request for C-2 zoning on behalf of four other property owners; the Winters prop- erty is to the west and with the ultimate widening of 101 Highway it would reduce the area. He asked that the area to be zoned C -2 be reduced to one other owner. There was a discussion among the Cornmission regarding liquor along the lagoon. It was pointed out that Newport Beach has R -4 zone with a Conditional Use Permit for selling liquor, and the Commission was not ready to have liquor on the lagoon without studying it more; if pressured into making a decision now, they might be sorry later on, MRS. SHEARER stated that the ABC differentiates between beer and wine and hard liquor, but she sees no difference between beer and wine and hard liquor, MR. FOX questioned the statement made by the Council about waiting 4O.days and wanted to know what would go through. The Secretary reported that they would be given R -T zoning even if Ordinance No. 9060 is not amended. MR. GLISSMAN Btated that he is willipg to accept R -T if the rest of the lagoon is the same. He pointed out that Pirates Cove already has 2 -T and C -2. Chairman Grant stated that the southeast corner of the dredge area of Pirates Cove was zoned to C -2 to permit a yacht club type of restaurant with a cocktail lounge. The public hearing was closed at 8:5? P.M. There was a discussion regarding the amendment to R-T, and the difference between the two operators; as one merchant wants the sale of liquor and the other does not care but wants it if the other has it. Commissioner Sonneman stated that if they get liquor by the lagoon, she would not be surprised that the result would.&e a detriment to their business and is not necessary for their well-being and the profit from this would not justify this change. They would have a lot they could do without the liquor if this is zoned to the present R -T, and the Council can always amend this. There is also the sewer problem. Chairman Grant read what could be done in the present R-T. d -6 - MR. FOX stated that he would be out of business in a year if something is not done, because of the taxes and also he lost the bottom of his boat in shoal water. They need something to attract tourists and the sale of alcoholic beverages would be the attraction; to accomplish this matter of getting the grass off the bottom of the lagoon and the taxes, additional capital investments are needed. Commissioner Ewaid stated that the R-T was put in for use along the lagoon, and they should either have a precise plan or create a new zone to protect good resi- dential areas from commercial areas. The Secretary called attention to the permitted uses in Article 9, Section 900, Item 4, Paragraph (a) which calls for a precise plan. After considerable discussion, upon motion by Commissioner Sonneman, seconded by Commissioner Davis, it was unanimously agreed that Council Resolution No.828 be denied. Upon motion by Commissioner Ewald, seconded by Commissioner Palmer it was unanimously agreed that the Planning Commission initiate a precise plan study of a 11 property on the north side of the lagoon, approximately 150' back from the water front property line, north of the San Diego Gas and Electric Company property line, from Carlsbad Boulevard east; and that a letter be sent to the City Council so they would be immediateiy advised. Commissioners Jarvie and Sonneman compose the members of the committee. A short recess was called at 9:34. Reconvened at 9:46 P.M. City Council Memo regarding request of Francis J. Fox for rezoning. Chairman Grant stated that the Council had denied the recommendations of the Planning Commission for reclassification from R-1 to C-2 for certain property. Mr. Fox would be given R-T zoning after 40 days if no action is taken by the Planning Commission but did not feel they should wait the 40 days. Upon motion by Commissioner Davis, seconded by Commissioner Sonneman, it was unanimously agreed that the Planning Commission concur with the recommen- dations of the City Council in granting R-T as is to Francis J. Fox. CONTINUATION OF REQUEST OF A. H. GLISSMAN FOR ZONE CHANGE FROM R-1 TO C-2. After dtscussion of the size of the Lot and the part of the property that is under water it was agreed that the request of A. H. Glissman for reclassification from R-1 to C-2 be denied but recommended reclassification to R-T for the following reasons : 1. That such reclassification will not adversely affect the comprehensive general plan. 3. That such reclassification will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which ttbe property is located. -7- The following resolution was presented for approval: Resolution No. 253. A RESOLUTION OF THE CARLSBAD CITY PLANNING ING RECLASSIFICATION OF CERTAIN DESIGNATED PROPERTY IN THE CITY OF CARLSBAD FROM R-1 TO R-T, was unanimously adopted on Commissioner Sonneman's motion, seconded by Commissioner Davis. -G RECLASSIFICATION FROM R-1 TO C-2 BUT RECOMMENI New Business. (a) Removal of height limitations on buildings. It was pointed out that vacant land near the beach is getting scarce and that it was a good time to study the Palisades area before any requests for the removal of height limitations are submitted before the Commission. The cost of land is increasing and Laguna Beach and Oceanside have considered removing the height limitations on buildings. The Secretary brought up the status of Washington Street as part of Washington Street is a dedicated street and other portions used are a right of way of the Atchison, Topeka and Santa Fe Railway Company. The acquisition of Washington Street is very important for the Commission to consider, The City vacated a large portion of Carlsbad Boulevard to the State for use as a part of Carlsbad State Beach and when the State develops this area, Carlsbad Boulevard would have a 40 odd foot right of way and it might be necessary in the future to have a through street on Washington Street as Carlsbad Boulevard probably will be incapable of carrying its normal traffic, plus the additional traffic and congestion Benerated by the fully develop ed beach. The secretary reported that he had had a protest on a three story buiiding on Carlsbad Boulevard from property owners east of Carlsbad Boulevard some time ago, If the height limitations are removed, they would skill be requird to have 850 sq. ft. , per dwelling unit in an R-3 zone, Chairman Grant asked the Secretary to inquire of bther cities regarding the removal of height limitations. By cdmmon consent it was agreed this matter be deferred to the next meeting for further study under Old Business. Commissioner Ewald stated that auto courts are obsolete and the ordinance should be amended to delete Auto Courts from the zoning. By common consent it was agreed this matter be deferred to the next meeting under Old Business. (b) Discussion of present M zoning in the City. Chairman Grant stated that he is Chairman of the "Wake Up and Let's Grow" committee and they have been looking at property by the airport for Manufacturing and have found they already have about 65 acres of land by the beach, This property is Located by Solamar Mobile Estates by the Palomar Airport Road and is valuable land. It is zoned M which should be in the back country farther east from the beach as the property values have changed since 1957 when this was zoned. It was the feeling of the Commission that since there is nothing on the property the M zoning should be removed before someone comes in to ask for some industrial use. The Secretary reported that he does- know-they nearly had an industrial plant in there not long ago if the services had been available. The new freeway will intersect this property which does not have an ocean view but is good land. CMN. HAROLD E. BIERCE stated that if the City wants to change the zone it could be changed. The valuation of the property was discussed and it was reported that a Mr. Sheldon in Los Angeles owns the property. It was pointed out that the City is proposing to extend its boundaries by annexing property southeasterly of Carlsbad and M zoning should be in the vicinity of the airport and that property near the ocean should not be zoned M. Upon motion by Commissioner Ewald, seconded by Commissioner Ward, it was unanimously agreed that the Secretary be instructed to prepare a Resolution of Intention for a Public Hearing on July 24, 1962, to consider rezoning this 65 acres from the present M zone to R -A. (c) Acquisition of Washington Street. Commissioner Ewald stated it would be well to have Washington Street as a dedi- cated street from Chestnut to Pine Street with a 30' right of way. It is also dedi- cated from Oak Avenue to Beech Avenue with a 30' right of way but has no. direct connection to Beech Avenue. The area that is used as a traveled roadway at present is not dedicated; Tamarack to Oak lies within the A. T. & S. F. Railroad Go. right of way. The Secretary was instructed to check into the size and width of the sewer and water easements the City has on the Railroad right of way. It was reported that the Southern Counties Gas Company has an easement on the easterly side. The A. T. & S. F. Railroad Company was approached some time ago and they would go along with this proposition but would only give 50% of right of wa: ld) Precise Plannine on Tamarack extension. The Secretary stated that it was his understanding that the right of way from Birch would be 60' but the City Engineer wanted it to be 62'. The following Resolution of Intention was presented for consideration: Resolution of Intention No. 29. RESOLUTION OF INTENTION OF THE PLANNING ADVERTISE FOR AN AMENDMENT TO THE CARLSBAD CITY MASTER STREET PLAN, AND DECLASING FINDINGS OFFACT WHICH REQUIRE THE PLANNING COMMISSION TO ADOPT THIS RESOLUTION OF INTENTICN was unanimously adopted on Commissioner Ewald's motion, seconded by Commissioner Falmer . Commissioners Ewald and Palmer attended the second quarterly meeting of the San Diego County Planning Congress held on June 14, 1962 at Rancho Presidio in Mission Valley. The speaker for the evening was Mr. Edward T. Leutheuser, Director of Special Studies for Western Real Estate Research Corporation, who talked on Community Economic Base Studies. Commissioner Ewald made a report on this meeting. Chairman Grant urged all of the Commission to attend these interesting meetings. MMISflON WR-G SECRETARY OF THE PLANNING COMMISSION TC .c New Business. -9- Election of Officers €or 1962-63. Chairman Grant stated that this was his last night as Chairman after 15 months and announced that nominations were open for the position of Chairman. Commissioner Ward nominated Commissioner Ewald for Chairman. Cornmissioner Davis nominated Commissioner Sonneman for Chairman. Commissioner Ward : moved that the nominations be closed. The Secretary distributed the ballots and Commissioner Ewald received 4 votes and Commissioner Sonneman received 2 votes. Absent, Commissioner Jarvie. The Secretary announced that Commisioner Ewald is the new Chairman of the Planning Commi s sion . Election of Vice Chairman. Chairman Grant nominated Commissioner Palmer for Vice -Chairman. Commissior er Sonneman nominated Commissioner Davis. Commissioner Palmer nominated Commissioner Ward. Commissioner Sonneman moved that the nominations be closed, seconded by Commissioner Ward. The Secretary distributed the ballots and Commissioner Ward received 3 votes, Commissioner Palmer received 2 votes and Commissioner Davis 1 vote. The Secretary announced that Commissioner Ward is the Vice -Chairman for the coming year. Adjournment. By proper motion the meeting was adjourned at 1 1:OS P.M. Respectfully submitted x\\\ J. H. PRICE, Secretary