HomeMy WebLinkAbout1955-03-14; Planning Commission; Minutes"
MINUTES OF PEETING OF CARUBAD PLANNING COMMISSION
Meeting called to order by Chairman Cockrill at 7205 P. M. Present
besides the Chairman were Comrns, Stringer, Swirsky, Smith, Baumga-rtner,
Engelmann, Ledgerwood, and Public Works Director Anthony. Absent, none,
Present for consultation was Mr. Kalicka, planning consultant from Gordon
Whitnall 6c Associates,
Comm. Stringer moved that minutes of the meeting of February
28th be waived, and tht the secretary brief the Commission on any salient
points. Seconded by Comm. Smith. All ayes, motion oarried. Secretary
Baumgartner reported that there were only two matters held/for action;
the matter of the park and beach acquisition, and the letter from the San
Diego Gas t;C Electric Company regarding zoning of their unzoned lands.
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Comm. Stringer stated that he had discussed the beach acquisition
master plan matter with Mr. Bert Dunn and Mr. Willis Miller of the San
Diego County Planning Commission and was advised that the assistance of
themselves and Mr. Dick Corr-Pender of the State Division of Parks and
Beaches is available if needed. Comm. Stringer was advised that if the
map from Carlsbad is in their hands within six weeks it will be soon enough.
Comm. Stringer stated that he had made the same report to the Chairman of
the Parks, Recreation, Beach and Tree Commission.
The map submitted for the Commission's study and 0. K. was ex=
amined. It was noted that there were two rather substantial change8 made
from the map originally submitted to the Commission, although the maps
were not initialed. Chairman Cockrill stated he had received the revised
map from City Clerk Ewald earlier in the day. Senate Bill 1436, providing
for State Park Acquisition, tyons%mcGldn of jetty and developplent of a
portion of Agua Hedionda, was studied.
The S*oretary read a memomndum from the City Council referring
back to the Planning Commission (because of the many protests) the ap-
plication of H. F. Heidegger, 3305 Garfield Street, for reclassification
from B-2 to H-3 of property described as all of Block "A", Palisades #l,
except that portion presently zoned 8-3, located between Garfield Street
and Carlsbad Boulevard, and between Walnut and Sycamore Avenues. The
Secretary read a letter of protest signed by five property-auwners, and
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also one from Harrie IYZ, Gibson suggesting that the change of zoning may
be under consideration to legalize a violation of R-2 zoning existing on the
Heldegger premises, Hr, Heidegger was present and explained that as soon
as the violation was brought to his attention he had discontinued use of
the building as a dwelling, I%?, Anthony stated that he had inspected the
building and found no indications of a non-conforming use, Mr. Willard,
3319 Garfield, was also present in support of the application, After
discussion, Cmn, Smith moved that in view of the fact that there has been
no willful violation of the zoning ordinance shown, and further in view
of the fact that in making its original recommendation the commission con-
sidered whether or not the zone change was for the betterment of the City's
land use and the Commission feels there is no reason at the present time
to change its original opinion, that the application be returned to the
City Council with its original mcommend&tlon standing. Seconded by Comm,
Swirsky. All ayes, motion carried,
Secretary Baumgartner reviewed the applicatiomgf Frank Small ,
2720 Roosevelt Street, for reclassification from R-3 to C-1 of the area
described as all property on the westerly side of Roosevelt Street between
Grand Avenue and hguna Drive not presently zoned C-1, and the easterly
195 feet, extending from the center line of Roosevelt Street, of all
property on the easterly side of said Roosevelt Street between Grand Avenue
and Laguna Drive. Chairman Cockrill stated that one of the protestants
of the original hearing, Mr. Dave Kurner, had contacted him and explained
that he would be unable to attend the meeting but still objected to the
resoning, Chairman Cockrill announoed that he would abstain from voting,
since his home was in Buena Vista Gardens in dose proximity to the area
being considered, The Secretary reviewed the Notice of Public Hearing,
and an excerpt from the minutes of the January 10th meeting, at which the
application was originally discussed, The question of an alley being cut
through between Roosevelt and Madison on this block was discussed, and
Mr. Small repeated h3;s earlier statement that it would be impossible tn
cut an alley through without going through some of the houses located on
the rear of the lots, Auda Everette, 2653 Roosevelt, and A1 Aten, 2687
Roosevelt, both affected propertybwners, spoke in support of the petition,
Mr.. Anthony complimented the people of this section of Roosevelt Street
on their public-spirited attitude, stating that they paid out of their
own pockets for the DQ for the street, and agreed to pay half of the
paving, Mr. Kalicka oommented that alleys are essential in both R-3 and
C-1 zones to leave the Btreet clear for moving tmffic. There was con-
siderable discussion as to whether the area in question should be zoned
for business, since it is impossible to foretell Just which way the com-
mercial trend will go. Mr. Small was asked whether he felt that a few weeks'
delay would be agreeable to the group, until the planning study had progress-
ed far enough so that this area could be studied for business possibilities,
He stated he would be agreeable and felt that most of the signers of the
petition would consent, Comm. Smith moved that the action on the Small
case be deferred, since Mr. Small, speaking for the group, has concurred,
until the land use study now being made has been completed, Seconded by
Comm. Swirsky. Six aye.s, no nays, Cockrill abstaining, The Commission
commended the group for their fine spirit in consenting to these delays,
Comm Smith moved that the matter of the recommendation to the
City Council of a recommendation for a State Park and Beach aoquisition be
deferred until %roh 28th at 8:4j P, M,, at which time the Harbor Commis-
sion and the Parks Commission,should submit to the Planning Commission a
map delineating the areas they recommend to be acquired for beach and
park purposes; and that a member from each of these Commissions be asked
to attend the Planning Commission meeting on March 28th for the purpose
of advising the Planning Commission on this matter. Seconded by Comm,
Swirsky, It was agreed that a letter be sent to each Commission along
the lines of the motion . Vote on the motion: all ayes, motion carried,
Secretary Baumgartner summarized the application of G, w, Wade
and Rose Wade, 4020 Sunnyhill Drive, for variance to permit reduction In
north side yard setback from 10 feet to 5 feet, on property deecribed as
a portion of Lot 31, Carlsbad Highlands No. 1, located at 4050 Sunnyhill
Drive. Comm, Smith moved that a hearing be set for 7:OO P, M, on Iqarch
28th, on the Wade application for varian ce, Seconded by Comm, Stringer,
All ayes, motion carried.
Secretary Baumgartner summarized the application of A. L, Nevares,
3135 Roosevelt Street, for varimce to permit reduction in front yard
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setback from 50 feet tom feet, on property described as Lots 22 and 23
of Block 32, Carlsbad Townsite, located at 3135 lbosevelt Street, Comm,
Smith moved that a hearing be set for 7:15 P. M, on March 28th on the
Nevares application for variance. Seconded by Comm. Stringer. All ayes,
motion carried,
' Secretary Baumgartner read a memorandum from the City Council
referring to the Commission a letter from Allan Kelly requesting a review
and possible revision of the Business License Tax Ordinance as it concerns
oil well drilling, The letter from Mr. Kelly was also read. Mr. Kalicka
advised the Commission to act very slowly on this and related matters, as
he pointed out that there is potential danger in the situation. He stated
that the City of Fullerton derives approximately 40% of its revenue from
oil, yet they have one of the most highly restrictive ordinances. He
stated that the major companies were amenable to restriction and regula-
tion but wildcat drillers often objected to it. He recommended that a let-
ter be sent to the Council requesting that they allow time for a study
of the situation. He suggested that reqpests of this sort from the Coun-
cil be sent on to him.
Secretary Baumgartner read a letter from Mrs. &id Lewis protest-
ing stroagly Mr. Thacher's plans for development of his tract south of
Chinquapin. No action was taken as no tentative map has been filed by
Mr. Thacher ,
Chairman Cockrill read a letter from the San Diego Planning Con-
gress announcing the Spring meeting on brch 3lst at the Town and Country
Club in Mission Valley, enclosing reservation list. Copies of the list
were passed to members with the request that reservations be made by
Monday, 1'Iarch 25th.
Chairman Cockrill reminded the Commission that the progress and
data report should be ready by that date.
Mr. Kalicka stated that he would have a set of recommendations
and regulations ready by the April 25th meeting. He strongly urged that
no zone changes be made until these proposals have been received, and that
variances be very carefully considered. He also suggested that copies of
applications be sent to Gordon Whitnall & Associates for their study,
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Mr. Kalicka made the following recommendations:
1, That an agenda is essential.
2. That minutes of the meetings should be certified by the
Chairman and the Secretary, and should be read at the meeting; that they
constitute a legal instrument.
3. That a copy of the State Conservation and Planning Act be
secured; also all State Printing Office bulletins concerning laws relat-
ing to Planning,
4. That when recommendations of approval are made, reasons for
the action be shown. He explained sufficient and insufficient causes for
requesting variances.
5. That a letter be written to the Council asking that they
instruct other commissions to forward copies of their recommendations and
resolutions pertaining'to land use to the Planning Commission, He stated
that no documents should be changed by anyone without approval of the
person making the motion originating the action,
6'. That an emergenoy ordinance be passed putting all land under
R-A exoepting the Gas Company property. He stated that under State law
all Land in a City not specifically zoned automatically takes on the most
restrictive zoning, He. also .mentioned a process(1nterim emergency) by
whioh land may be annexed by ordinmce, without public hearing; but that
within a certain length of time the proceedings is brought up for review,
He stated that if the question of unzoned territory were legally contested,
the Courts wQuld rule that the property takes on the most restrictive zon-
ing we have.
7'. That the Commission secure a monthly zoning digest which can
be subscribed to for $25 .OO per year which would be extremely valuable,
Coma. Stringer asked where, under proper planning, a mortuary
should be placed. Mr. Kalicka stated that this would usually require a
(2-1 zone, very occasionally an B-zone.
There being no further business to come before the meeting, it
was declared adjourned at 1O:lO P. PI,
JOE B. COCKRILL, Chairman HOWARD BAUMGARTNER, Secretary