HomeMy WebLinkAbout1963-03-12; Planning Commission; MinutesI I
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!Minutes of: PLANNING COMp11ISSIOM I I ', ',, ', '\\'\\'\\ I I
:Date of Meeting: March 12, 1963 I \, % ', 8 '., ', 1 I ~ame **,'+$, '. \, \P \+#-I i !Time of Meeting: 7:30 P. M. ; of '.s$!+ '\ '%, ;
:Place of Meeting: Council Chambers Member $@.pP~,cPcul ! ,""~"""""""""""~"""""""""""""""""""~*""""~"~"~""-"""- *a. "--?""*@ 15
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:ROLL CALL was answered by Commissioners Davis,
:Ward, Grant, EWald, Palmer, Jarvie and Sonneman. :
:Also present were City Attohey Stuart C. Wilson,!
!Planning Technician, Uhland B. Melton and Secre- i
jtary Price.
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1 k i WRITTEN COMMUNXCATIONS :
I I I !There were no written communications.
I I I :ORAL CO"UFICATIC)NS,:
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I (a) There were no oral communications from i
I the audience. I 1 I I I
I I (b) Report of Planning Technician on Counci!
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I action on Planning matters. I * I * I
iThe Planning Technician stated that the Council I
;upheld the Planning Commission's decision On the I
:appeal of Maureen. McInerny Rortck. I I I I I 6
t I i PUBLIC HEARING : I I t I . $ I I
:VARIANCE - For reduction in front footage from I i 60' to 20' to create a "panhandle" lot split, and I i for reduction of setback of rear yard of existing!
idwelling on Parcel "C" from 20' to 10' on propert$
iAdams Street and Highland Drive, more particular14
:described as a portion of Tract 242, Thum Lands, ;
;Map 1681, R.0-S. Map 3696, in the City of Carls-
:bad; being Parcel 1, Book 206, Page 061 of the
:Assessor's Map of San Diego County.
IApplicantt Luciana Brisman,
!Notice of hearing was read. The Secretary certi-!
:fied as to publication of notice of hearing and i
:the mailing or notices to property Owners in the
!area. The Secretary then read the application i
:setting forth the reasons for requesting this
!variance.
:The Secretary read a letter to the Commission
:dated March 8, 1963, opposing this variance on th4
:grounds that it was defirmitely not in the best i
:interests of the City of Carlsbqd, and the ad-
:joining property owners. The letter was signed !
:by the following:
located on the south side of Tamarack between I I
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:Paul S, Wheaton, 1130 Chinquapin Ave., Carlsbad ;
:Mrs. Kathryn M. Dilkes, 1280 Chinquapin, I' I I
:Mr. William T. Maymes, 1250 Tamarack Avenue, 'I. 1
:Mrs. Frank J. Donohue, 1195 Tamarack Avenue, 'I. i
:Frank J. Donohue, 1195 Tamarack Avenue, 84 *: i Johnie D. Sellers, 1130 Tamarack Avenue, I* .I
iC.H. Matthiesen, 3960 Adams Street, Carlsbad. I I
!Kenneth 0. Hinkle, 1170 Tamarack Avenue, Carlsbadl
:Cline A. Sullivan, 1170 Tamarack Avenue, Carlsbadj
:Jack R. Estes, 1199 Tamarack Avenue, Carlsbad. I I
IRuthanna D. Estes, 1199 Tamarack Ave., Carlsbad. I
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t I !The Secketary read a report €ram the City Engineelf,
jLowel1 A. Rdthbun, who called attention to the i
:purpose and intent of the subdivision ordinance,
!and that the praparty is desirable for maximum i
!and proper deveiopent of the land as now zoned I
!to create approximately twelve i12) reskdential i / lots: and that the owner intends to do so, that
jthe owner may eventuaily create three to six (3
:to 6) "panhandle" lots from this property by I I
:successive lot splits; that the block land use ;
!study confirms that a public street opening and I
idedication is desired and necessary for develop- i
jment of the Owners property and abutting proper- i
jties. He recommen.ded that because the property i
jwill eventually comprise twelve (12) or more lots;
:because subdivision of this property is reasonabld;
:because there are no extreme circumstances justi- i
ifying conditional exceptions to the "general con- i
itrols and standards" requirements, and because th4
:required showing for a variance has not been met,
Ithe variance be denied and tSe division of the i
jland be processed as a normal subdivision. t I
:Chairman Ewald asked the applicant or his repre- !
isentative to speak. I I
iEFtEEST M. LEVER, Attorney-At-Law, representing i
;tile applicant, stated that he believes this partij
IcuLar lot split will allow them to have at? estate i
:type lot with a desirable view and will have good
brainaye. Mrs. Brisman owns the r,orth half of the:
broperty which consists of 1 1/2 acres with fron- i
itage on Adams or Tamarack. D I
phe applicant has been willing to put the improve-!
$er?ts in or! Tamarack and he believes that this I I
type of lot split is the only way on this 1 1/2
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I bo one else spoke ir? favor of this request,
kAUL WHEATON, 1130 Chinquapin, stated that this i
'proposed lot split has been brought about to evade!
the planning of Carlsbad and is the cheapest way ;
Lo get the lots in. Four years ago, he asked for i
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b lot split on his property and was deaied this as!
$.t was not in the best interests of the City, as
bhey would not be able to get fire trucks in on a i
:panhandle". He was told he could go to the PlayL-!
hing Commissior. and fight it, hut he did not fight:
St in any way. He had a contractor come in and :
bas told there was a possibility of bringirgthe i
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:"""~""""""""""""""""*""""""~""""""-~""""~~ i street up from Adams near the old Sair:ty home, i : He did not go to t3e Plaimicg Commissior, and now ; : these people are asking for the same thing. He i i stated that the map 01:. the wall was prepared by i
the Efigineering Departnlcnt and believes this i would be the best thing. He could get a "pan- i handle" lot split cow alzd have two houses back i : on his property, but pointed out that there is a : : sul3division across tT1e street with a cul-de-sac
I anir thinks this is the proper use of the land.
He discussed this property with his neighbors an4 I they were not aware of the change of ownership. i
The Chairman stated that the City had recently 1 established a "Panhandle" lot split policy. I
: C.M. MATTHIESON, 3960 Adams, stated that he owns I i the old Sainty property Twrilich is next to this i
property and questioned whether this "panhandle" i
would be like an alley if granted, and who would i
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i maintain the street.
: The Chairmbn skated that he did not believe this ! : property is next to Mr. Matthieson as Mrs. Bris-
man's property only fronts OD Tamarack sild that
wider the lot split ordinance, the "panhandle" i
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i would be maintained by the owners. I t I 1 t I I I I t I
I 1 I No one else spoke against this request.
I I I : MR. LEVER, speakin.g in rebuttal, stated that par;
cels A, B and C are wder one ownership and the I
property to the south is under another 0wnership.i i This is the only way to have these estate-size i
lots. The plan by the Engineer would give eleve4 i (11) small Lots and their plan would have twelve I : (12) large lots. The three (3) lots of Mr. I I : lASheaton*s are less than half of t'nese lots and I i the cost of the road, apart from destroying a i house, would be approximately $12,000.00 to
$15,000.00, and would reduce the building area. i i Mr. Wheaton, by splitting his property, has i created his own problem and expects them to rec- : : tify his problem. The applicant is willing to i : make whatever agreement is necessary to do the i i improvements on Tamarack, which he believes show4
good faith on her part and the acplicant should I i not be penalized by Mr. Wheaton's problem.
I The public hearing was closed at 10~18 P.M. 1
I The Planning Technician explained the location of':
the property and dwellings on a block study map I
prepared by the Engineering Department and a
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8 I I i proposed cul-de-sac. He stated that some of the I Councilmen have indicated they are not interested i in any more short cul-de-sacs. He also stated i : that the Engineers have questioned whether there { are one or two parcels unlder this ownership.
The Chairman asked the City Attorney if there are!
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i any legal problems involved.
I The city Attorney, Stuart C. Wilson, stated that I i he would like to inquire whether this w2.3 a whole:
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The City Engineer stated that it is a portion of :;;:;;
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1 I :::I:, : 3. That the application is somewhat adverse i ;:41: .*:i:: : to the policy established by t3e City on "pan- ;:llll I handle11 lot splits. 1 I 1:;1::
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4 1;;;:1 i 4. In view of the objections raised at the I ;::t:: i meeting by surrounding property owners. I I:':;: ! :!::!:
: a lot and there has been a lot of deeding back i and forth, but it has not been split. I
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The Chairman stated that he had checked it on the ; : I I,: :
Assessor's map and it showed it as two parcels : :I::
on the north 1/2 of the property. It was all i
I under the ownership of Kaufman at one time.
I The City Engineer reported the record of owner- I
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ships on this property since 1956.
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i C. R. Thornton, Assistant Engineer, stated that i i the San Diego County Assessor's map from 1956 to: : 1957 showed a Record of Survey No. 3696, as one i ! errtire parcel and there have been no approved i 11
lot splits since 1957.
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i MR. LEVER stated that there are two parcels and i the County records will verify this, and it has i 1;4:; : always been two parcels. I
i After considerable discussion, it was agreed tha4 I *i(I
i this request be denied for the fo1lawing reasons: 1::1::
I 1. That the granting of such variance will be : i materially detrimental to the public welfare i : and injurious to the property or improvements i;li:i i in such vicinity and zone in which the properti i is located.
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* I I I 2. That the granting of such variance will : :Ill
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Resolution No. 285. A RESOLUTION OF THE CARLSBd Davis :xixi ; :
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: CITY PLANNING COMMISSION DENYING A VARIAMCE ON Ward I' :xi :x: : : i PROPERTY DESCRIBED AS A PORTION OF TRACT 242, . : Grant i I :xi ; .SI;
i THUM LANDS, MAP 1681, R.0.S. 3696, IN THE CITY 04 Ewald : 'X: I
CARLSBAD, was adopted, $4::
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I I Jarvie ; I :xi I ;
1 i Sonneman : I !xi I i
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: Palmer , :x ;
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The Chairman informed Mr. Lever that the applicar!! : has the right to appeal to the City Council I within ten (10) days in writing.
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I PUBLIC HEARING:
I 1 I I I VARIANCE - For reduction in side yard set- i back from 6' to G" and rear yard setback from 12 'i ! to 2' on property located on the north side of i i Walnut between Cerlsbad Boulevard and Garfield i i Street, at 150 Walnut Avenue, said property bein4 i more particularly described as portion or' Tract
I202, Thum Lands, Map 1681, in the City of Carls- ;
bad, being parcel 9, Book 204, Page 050 of the i
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I I Member '$+%$\ps'8' ~""""~"""""~"""""""""""""""""~""""""""""~"""-"""""- , ,";-;";-I;
1 Assessor's Map of San Dieg-o Cou~ty. t :;;I:: : Applicants: 'Walter 14, and Eleanor E, Samenfeld. I;::::
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I I 1:;' I I Notice of 'nearing was rea2. The Secretary certii ::I:;:
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fied as to publication of notice of hearing ar.d
the mailing of notices to property mmers in the I
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: The Secretary then read the application setting :
I forth the reasons for requesting this variance, i and the names of eleven (11) property owners in i I the vicinity approving this request. He pointed I out that the Hughes property was adjacent and I i the other property own.ers were in the same block; i roughly speaking.
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I 1 I I I I I A recess was called at 8:50 P.M. The meeting i ! reconvened at 9i05 P.M. I b I I 4 I I I r The Secretary read a letter dated March 7, 1963,: i from Harold N. Shivers and Mrs. Harold M. Shivers,
3252. Carlsbad Boulevard, who own property to the! : north and west of this property and opposed this !
; request on the grounds that this would be detri-i i mental to the neighborhood, as well as de-valu- i i ating adjoining properties. It is not a depress4d i area and there is na..apparent reason for setting i i a precedent.
: There was no other correspondence.
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CHARLES J. HELM, OceaRside, stated that he is th4 i contractor who will ultimately build this if it 4s i approved. The property was developed as such
when thev purchased it. He has attempted to wor4
something out with the Planning Technician and : i they have agreed to a 5' side yard setback and ai I 9' rear yard setback instead of the original
application, Prior to this, they had the drainaie i and gutters worked out an.d this will have adequa6e i fire protection. There has been a misunderstan- I I ding in getting this under way and it has been a i : hardship on the Samenfelds.
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HUIE HUGHES, 170 Walnut Avenue, stated that he i owns the lot east of the Samenfela's property and i they can build up to the property**line as far as i i he is concerned. I I I
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I I I I MRS. BARBARA SHIVERS, stated that she would like ; i to remind the Planning Commission that Commissio&r i Grant built or!. this property and should abstaiu i on voting.
i Commissioner Grant stated that he still owns an i
interest in this property and will abstain from
voting, but will take past in the discussion.
i MR. XmIM pointed out that this property borders i on business property which differs from residen- i i tial property. The Samenfelds had no intention i of building anything that would be detrimental to: : the other property owmre or to the Shivers. They!
; have agreed to build the new building with the ! I
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5' and 9' setback$. The existing carport is a i valuable piece of property and has been used as i an accessory building, It is necessary to close I i off two of the carporbs in the rear and the I I i dressing rooms for the cdgport area will only
I have a 2' setback, but the new structures will : ! have a 9' setback, and there will be a 2' area i for drainage.
I The public hearing was closed at 9:18 P.Prt.
! The planning Technician explained the location i : of tne property on the map and pointed out the i ! existing structures, ewimming pool, carport and
driveway, and that the property on the west is i i zoned C-2.
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I 1 I I I t Commissioner Grant asked the Planning Pechaician : to explain the nature of the C-2 property on the i : west and the north, as this property is owned by i i the Shivers and they are the only ones opposing
this request, and they have a grocery store therd i and then a building Chat was a former bait shop.
: There was some discussion whether a person that : : abstains should sit in the audience or not. 1
Commissioner Grant asked the Chairman to ask the i 1 City Attorney if he could participate in the dis-! i cussion. The City Attorney stated that he could i i participate in the discussion if he wishes, and i : that it is proper. I
i The Commission questioned the Planning Technician:
on whether the reasons would be the same for deny; I ing this request, since there were changes in the!
setbacks, and the Planning Technician stated that: : the setbacks would be more compatible now. I
i The Secretary asked for a clarification on the i setbacks so there would be no confusion as to
what the setbacks actually are that the Commi-
ssion is discussing, I
:The Chairman explained that the existing carport :
:would remain with the 6" and 2' setbacks and the i 1 upper story will be setback 9' and 5' which will i
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be used for living quarters. I I I 1 I I
I I I - !The Secretary pointed out that according to the i
;ordinance, when you connect a living unit in withi
!an accessory building, it becomes one structure i
;for human habitation. The rear wall of the car- I i port will be the controlling factor as it becomes!
!one structure for human habitation ark! the side
:yards would remain the same.
:The Commission agreed that the original applica- 'i
I tion had not been changed. I
:When asked about this, Mr. Heim stated that they i i had agreed to move the upper story in 5' for fire I
:protection, but it does not change the carport I
!whatsoever. It is an existing building an6 if
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: they demolish this buildihg, they kduld not have i ::;;#I i to appk? for a variance, The underpart of the i I carpbrt is now plastered and they will pu$ a fire! ::;::: ;::::: i wall around the carport. and bring the drainage i lli:;: i around to the front of the building, The fact 1 ::;
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i that the lot is so deep makes it an kxpenisive loti fII:lf
l:*l;; i to put six '(6) units on. It will be making an l'::;; ::::;: i improvement on the lot and will not be detrimen- :I::;: : tal. I I :::;;;
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I There was a discussion that there would be no I I ;I:::;
I ItI 1:;::: i way of preventing the property owner from enclo- i :;;;;; i sing the carport and that other property owners i :I;;:: i could come in and ask for the same application. I!!#*# ::::::
I I :;$;: I* i The Secretary stated they could attach a conditi# *I::;;
: to the variance, I I 1:::::
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I I I ::fI;: I The City Attorney stated that it was true that ; ll4:;; :I::,; i:::;; ;;+; r::::;
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the Commission can grant this and recite condi- i ::::;:
tions, and impose conditions such as no building& i He pointed out that the Ordinance states that th4 : distance between a building used for human habi- i ::;I:, i tation and an accessory building must be ten fee? i (10') and that the situation restricts the adja- I i cent property owners from building up to the i property lirle without a variance.
: It was pointed out that the present apartments
I have a 15' setback on the west side.
! After considerable discussion, it was agreed thad
this request for a variance be denied for the ; i following reasons:
: 1, That the granting of such variance will be
; materially detrimental to the public welfare i I and injurious to the property and/or improve- i ments in such vicinity and zone in which the ;
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property is located.
2. That there are no exceptional or extraordi: : nary circumstances or conditions applicable to i ! the property or to the intended use that do nod i apply generally to the other property or class: i of use in the same vicinity and zone.
I 3. That granting the variance is not necessari i for the normal use of the property. I
: 4. That it would be granting a special privi- : lege that could not be granted to others.
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Resolution No, 286. A RESOLUTION OF THE CARLSBAd Davis
; PROPERTY DESCRIBED AS A PORTION OF TRACT 202,
: was adopted.
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I I i The Chairman informed the applicant that he had : I the right to appeal in writing to the City CounClil : within ten (10) days. # I I I I I I I I I I
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I I :"~","-*"""""""~""""""""""~"""""""""""""".~" WBIiXC BEARING: I
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PARK DRIVE EXTENSION - Resolutibn of Inten-!
tion No. 39 to amend the Carlsbad City Master :
Street Plan by declaring the potential extensiod
o€ Park Drive from its southerly terminus in a i
generally easterly and northerly direction to a i
point in El Cantino Real County Road Survey No. I
682 between stations 55 plus 84.70 and station
59 plus 25.32, and designating said extension a$
a secondary street with a 62' right-of-way; this!
change being initiated by the Carlsbad City I I
Planning Commission, under the provisions of
Article 0, Title 7 of the Conservation Planning
and Zone Act of the Government of the State of
California.
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Notice of hearing was read. The Secretary certilr i fied as to publication of notice of hearing and i i the mailing of notices to property owners in th&
area. The Secretary then reviewed Resolution 06 : Intention No. 39 initiating this amendment and
; ence.
i The Secretary read a report from the City Engi- i
neer dated March 12, 1963, declaring the need !
for a north-south route other than the freeway i to assist in development of territory south of i i the present City limits.
- I reported that there was one item of correspond- I
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I I I The Chairman pointed out the proposed route on :
the map and explained that there are 60' ease- i
ments already established in that area and asked
if anyone in the audience wished to support thi4
application.
ALLAN 0. KELLY, Carlsbad, stated that the pro- :
perty owners have agreed to give 2' to make it i
62 ' right-of-way and it seems the proper place
to put the roads. The City should avoid cross-
ing the lagoon, as it would be impractical to
build a high bridge there. The City should engq-
neer the road to do the least harm to waterfronq
property, and the City already has one road to :
the south from El Camirro Real to the 101 Freewa$.
There is a considerable flow of traffic now in :
front of his house. He counted 15 or 20 cars I
passing his house within an hour and if the road
is paved all of the way through, there will be i
more using this road. A road across the lagoon i
will stop the development of property to the :
southeast. He objected to fast traffic in recrej
ational areas.
The Chairman stated that the adoption of this
Resolution of Intention does not pinpjnt this I
route .
FRANK DeVORE, San Diego Gas & Electric Company, !
asked if the Resolution of Intention covered i
the yellow or greenline.
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The Secretaty stated that the Resohtion of In- i
tention follows the green line and the yellow I
line is the proposed line of the Engineering
Department.
The Chairman asked! that this route be put in the I
Master Plan in their recommendations to the I I
Council.
The easement is expansive as outlined and if
necessary, some changes may have to be made.
No or?e present spoke in opposition to this hear-!
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The public hearing was closed at 10:42 P.M.
The Chairman stated that Commissioner Jarvie
could ask the Engineer for clarification of his I
letter. I I
The City Engineer stated that he felt the align-;
ment of the Master Plan should not be altered.
He called attention to the fact there is a dis-
tance of about two miles between U.S. 101 Freewag
and El Camino Real, and that there is a need for
another north-south route which could extend frord
Park Drive southeasterly across a portion of the:
Agua Hadionda Lagoon to intersect with the exteni
sion of Cannon Road, and continuing southerly
along a route following the best topographic
location for City street development and improve:
ment.. He felt that the bridge across the lagoo4
could be coordinated into one location, with the:
City putting in a structure for flood control i
channel. I I
El Camino Real will be a highly used street and
he recommended that this section as outlined on i
the map not be deleted €rom the Master Plan, and:
that it will not be detrimental to the develop- :
ment of the property in the area. The City Engii
neer stated that he would not be in objection to i
this Resolution of Intention if it does not con- i
flict with the projection of Park Drive southerlG.
The Planning Technician reported that he had met i
with the County Transportation Research and they I
are in favor of this route and that the road froi
El Camino Real to Park Drive will be named Horace!
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I Drive.
I 1 I I MR. KELLY stated that he feels this route does I i not interfere and if the City, County and State : i want to pay for the developments of a high bridgd, I he wished to impress that he is%pposed to it. !
I It is of importance whether the City wants to i i develop a recreational area or a fast highway. i He felt the bridge would hamper marina-type develb
opment in the upper lagoon which could be dredged!
and made usable all the way to El Camino Real. i #e also stated that he has an easement for a road1
I on Dr. Pace's property and asked if it is so I I i important to cut this distance off. As? importanti
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I (""""""""""""""""""""""""""""""""""""" ! part Of Carlsbad is the truck route down Stewart
Road to get to the airport and industrial areas,
It wa$ agrked to adopt kesoiution of Intention
No. 39 to amend the Waster Street Plan and that
the following facts exist:
1. Thak it is a logical route for the proposel
extension of Park Drive fro& it$ presenttermi-
nus to El Camino Real.
2. That the topography to the narth of $1 Cam'
ino Real lends itself to the eventual extensib:
of said street in the direction of Vista Way
an6 Escondido Freeway.
3. That it will not eliminate the feasibility
of a southerly extension of a street to the
lands south of Agua Hedionda Lagoon in coordi-
nation with the Sax:. Diego County Master Road
Plan.
4. That it is good planning to provide for
future major and secondary street construction
and alignment in undeveloped areas prior to
their becoming subdivided.
i Resolution No. 287. A RESOLUTION OF THE CARLS-
: MENT TO THE CARLSBAD CITY MASTER STREET PLAN,
BAD CITY PLANNING COMMISSION RECO~DING AMEND-
i was adopted.
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I I The Planning Technician reported that Conuni- I ssioners Sonneman, Grant and Palmer would be
meeting with him on Wedllesday morning to study - the "high rise" area.
I , I I AIXIOURMNEMT:
: By proper motion, the meeting was adjourned at
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I 11:20 P.M. I I I i Respectfully submitted,
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Davis
Ward
Grant
hrJa ld
Palmer
Jarvie
Sonneman
: J. H. PRICE, Secretary
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