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Home My WebLink About1955-04-25; Planning Commission; MinutesS OF MEETING OF CABLSBAD PLANNING COMMISSION w Meeting called to order at 7:08 P, 14, by chairman Cockrill, Present besides the Chairman were Camms, Ledgerwood, Baumgartner, Striulger, Swirsky, Smith, and Engelmann, Public Works Anthony, Present for consultation was Mr. Kay Kalicka, planning consultant from Gordon Whitnall Assooiates', At the invitation of the Commission, Mayor Ede and Councilmen Suttan, McClellan and Heltcm attended the meeting. City Attorney Smith was also present. Minutes of the meeting of April llth were read, Corn. Smith moved that the minutes of the meeting of April llth be approved as read. Seconded by Comm, Stringer, A11 ayes, motion oarried, Chairman Cockrill announced that Cornm, Baumgartner and he had ao- cepted reappointment to the Commission for th four-year term; and that nominations would be in order for the election of Chairman and Secretary for one-year terms of office. Comm, Smith proposed that the present Chairman consent to serve for another year, but Chairman Cockrill stated it would be impossible for him to do so, The names of Comms, Stringer, Smith, Baumgartner, Swirsky, and Ledgerwood were successively placed in nomination, eaoh deolinlng for sufficient reasons,. After fun$her consideration, ~mm, Stringer agreed to accept the nomination, Comm, Smith moved that the nominations be olosed. Seoonded by Comm, Engelmann. Comm, Stringer was unanimously elected Chairman, Comms, Engelmann and Ledgerwood were successively nominated for Secretary but declined. Comm, Baumgartner nominated Corn'. Swirsky for Secretary, Corn, Smith moved that the nominations be olosed, seconded by Comm. &gelma#n', and Comm, Sgjlrsky was unanimously eleoted, Comm. Smith expressed the sincere appreciation of the Commission for the fine work and able leadership of the two outgoing officers, Comms, Cockrill and Baumgartner, The new officers were seated, Secretary Swirsky reviewed the Notice of Public Hearing on the application of aRn. Martin, 2386 Jefferson Street, for variance to per- mit reduction in building site area from 43,250 square feet to 273220 &iquh3 feet on property described as a portion of Tract 2, Laguna Mesa -1- .~ -~ ~ . ~ " __ ~ ." ~ ~~~-. ~ .__ Tracts, located at the oorner of Jefferson Street and Las Flores Drive, in an E-2 zone, ChaArman Cockrill briefed Mr. Kalicka on the previous discussion on the application', The seoretary read the opinion of the City Attorney that the Commission may recommend such a variance in lot area requirement, not to exceed 50%, where the shape of the building site, topography, location of existing buildings, or other COladitiOn8 cause compliance to be impossible without diffioulty or hardship'. W. W, Rogers, an addacent property mer, was present and verbally con- sented to granting of the variance., Mr. Kalicka stated the variance could be granted, oonditioned that the guest house on the lot be abandoned as a dwelling, The Commission felt that reclassification to RIM would be the proper solution to this problem, but Mr. Martin declared that none of the residents of the area would favor reclassi- fication to anything less than *=acre lots, Comer, Stringer and Barn- gartner stated they felt that granting of this variance would nake the other buildings non-conforming, since there are already two and grant- ing of this variance would authorize a third, After ocmsiderable dis- cussion, Comm, Ledgerwood moved twt the Commission recommend to the Council the approval of the application of Mr. Martin for variance, bemuse of the hardship oaused by the reduction of area caused by Free- way aoquisition; also in view of the fact that the existing divisions of land adjoining this property are less than an acre and the area is surrounded by R-2 zoning; also that the nearest neighbors have support- ed the request and there have been no protests, Seeonded by Comm, Cockrillf. Ayes: Engelmann, Ledgerwood, Cockrill; nays:: Baumgartner , Swirsky, Smith, and Stringer. Notion failed, 4-3. The Martins were advised t'kt the reaommendation would go before the Council on May 3rd. The Seoretary reviewed the request of James N, Sexton et a1 for reclassification or special use permit to allow operation of a mortuary at the southeast corner of Harding L+ Pine, Mr. Kalioka stated he knows of no City which permits a mortuary in less than an R-3; that some have an R* zone for this and related uses; that he definitely believed they should not be restricted to a commercial zone. After some disoussion, Comm, Smith moved that the application of James N, Sexton et a1 be returned with the notation that under the present -in@; ordinance it -2 - __ ." " ~~~~ .. ~ ~ - ~~~~~~~ ~~ ~ ~ ~ __ is impossible for the Commission to recommend favorable action on the re- quest, and it is recommended that the matter be held in abeyance until such time as it can be determined whether or not this land may be used for the desired purpose under the new zoning ordinance, sometime in the near future, Seconded by Comm, Engelrrrsrnn. All ayes, motion carried. Secretary Swirsky summarized the application for special use permit to allow construction of a church at Magnolia and Adams, requested by Pilgrim's Holiness Church. Comm, Smith moved that a hearing be set for May 9, 1955, at 7:l5 P. M,, to consider the application of Pilgrim's Holiness Church for special use permit, Seconded by Camm, Cockrill, All ayes, mot ion oarried. Secretary Swirsky read the opinion of the City Attorney that the Commission may change its previous action on the request of G, W. and Rose Wade, 4050 Sunnyhill Drive, for variance in side yard setbaok, provided no new evidence 8488 received. The secretary read, for the Commission's information, a letter from Glen Feist asking permission, on behalf of the Lions' Club, to hold a carhival during Spring Holiday at the Catholic Church property on Harding and Elm, The matter has already had Council action. A tentative map submitted by hrcy Corporation on proposed sub- division LAGUNA PARK, located between &~ovrles Avenue and Laguna Drive, was examined and considered. Lewis Chas, Ken Ebright and H. R, Robinson, the subdividers, were present, Secretary Swirsky read a report from the Public Health r>epartment dated April ZOth, recommending approval with four oonditions: (1) that all lots be on publtc sewer; (2) that IES water be supplied by a water system approved by the Dept. of Publio Health; (3) that adequate drainage be provided; and (4) that sewer and water llnes not be laid in the sam trench'. Secretary Swirsky read a memorandum from the Director of &b$ic Works recommendhg favorable action, Mr. Anthony stated that the grade is being built up on the east side of the cul-de-sac to carry drainage into Davis StreeC, The Fire Chief's recommendation was read, that a standard 6" fire hydrant be installed at the corner of Davis Place and Davis Street, The kp Was gone Over point by point and checked with Seo, N of Ordinance -3- - ~" ~ ~~ . .~ ." #gOZS, The subdividers were asked to submit a letter indicatmg proposed use of the parcels and explaining any deviation therefrom; toxm provide a proper legal description of the boundaries of the subdivisios, They were asked about water line easements and stated they were all private lines, no dedicated easements awned by the Water Company, After discussion, Comm, Cockrill moved that the Planning Commission recommend the approval of the tentative map of proposed subdivision L"lU PARK, with specific reference being made to the requirements set;up by the Fire Department, the Public Works Director, and tb County Health Department; and also that an exaeptlon be granted In the width of the right-of -way of Davis Street, allowing a 56-foot width instead of 60 feet, and 36 feet ourb-to-curb instead of 40 feet; and that the subdivider be required to give an accurate and legal des- cription of the boundaries of the subdivision and furnish a written statement of the proposed use of the parcels as required by See, fVd-11 of Ordinance #902j. Seconded by Comm, Baumgartner, R, Robinson stated that they had been advised that the name LAGUNA PARK would have to be changed, since that name had already been used in the County, and that they would probably change it to "KNOWUS PAFLK", Vote on the motion: all ayes, motion oarried, Two tentative maps submitted by Paul Eoke for proposed subdivisions POINSETTIA BEACH UNIT #1 and UNIT #2 were examined by the Commission, Comm, Smith moved that the maps submitted by Mr. Ecke be acaepted For study, and that copies be submitted to the Fire Chief, public Works Di- rector and Public Health Department for their recommendatlons. Second- ed by Comm, Engelmann. All ayes, motion oarried. Comm, Swirsky moved that a copy be turned over to Mr. Kalicka for a report by the next meeting. Seconded by Comm, Baumgartner, A11 qes, motion aarried. After a 20-minute recess, the Commission was reconvened, A gener- al disoussion followed, regarding zoning of the unzoned areas of %he City, Mr. Kalicka stated that in his opinion the harbor area has tre- mendous possibilities, but that the City should proceed slowly, as there is more involved than just zming. He recommended that the City adopt some type of ordinance freezing aibl uses. Paul Ecke Allan and Horace Kelly, and Mr. Jay Hoffman, all affected land-owners, were present. Cmn. IkClellan stated he did not believe anything should be -4 - ~"~ ~ ~~~~~ ~. ~ . ~~ ~ ~~ ~~ ~~ .. ~- .~ ~~ . ~~ . ~ done that would work against the plans of the san Diego Gas & Electric Company which were in progress and made public before this zoning matter came up, as it would not be equitable treatment, Mr. Ecke stated that Mr. Cannon is very desirous of having a buffer zone between Cannon Road and the area where the Gas Company has its storage tanks, Mr. Kalicka strongly recommended that the Council enact an interim or- dlnancre freezing present uses, and providing specific exception% of the area on which the Enclna plant is located and the beach property in process of subdivlslon, He urged that the Commission send a resolutlon to the Council recommending the adopt$on of such an Interim emergency ordinance to zone to €LA all presently unzoned areas lying within the corporate limits, except that the parcel on whicrh the Encina plant is looated be permitted to be utilized for industrial purposes, possibly by the Issuance of a conditional use permit to operate and maintain a steam-generating plant; and exoludlng those areas ooatalned In any subdivision maps pending before the Council on or before the date the ordinance becomes effective, which could be zoned to R-lB, Comm. Swiasky moved that such a recommendation be sent to the City Counoil, Seoonded by Comm. Smith, All es, motion carried, Mr. Kalicka was asked to draft the resolution and send it down'. There being no further business to come before the Commission, the meeting was declared adjourned at 11*0 p, M, Respectfully submitted, W, A. STRINGER, Chairman Secretary -5-