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HomeMy WebLinkAbout1959-04-14; Planning Commission; MinutesMINUTE OF RFXILBR ME*:TING OF CllRLSBA!) CITY PLANNING CO3IblISSIOrU_ April 14, 1959 2- The Oath of Allegience was admbistered by the Cit;l Clerk to the two nev members of the Planning Commission Cormissioners William Netlca and Patrick E, Zahler, The Chairman welcomed Conmissioners Netka and Zahler to the Planning Comnission, 3- Minutes of March 24. 195g0 The Commission requested that -the minutes be amended as follows: a, Corn. Jamie referred to paragraph 6 and requested that his relzson for voting no regarding the services of Mr , Whitnall be shom as follows : Vomm, Jarvie stated that he thought Hr, Ibitnall should be called on only when his services were needed md paid on that basis; and if he wasn @ t satisfied with that arrangement., another planning consultant could be hiredD" It was moved by Corn, Stringer and seconded by Corn, Jarvie that the minutes of March 24, 1959, be approved as amended, Six ayes, motion carriedo 4- CONTINUED UARING - VariaB, Request of F, elo Fox €or Conditional Use Permit to - allow a boat landing and accssso"~r uses on the westerly 1 acre of Lot 12 Block C, ,'hum Lands, located at 4215 Harrison St, The Chairman reviewed wha: had transpired at the meeting of March 10, 19590 regardo - ing this varianceo The Secretary stated that the requested report had not been received from the Park and Recreation Commission, but they had advised that, the matter was discussed at their last meeting, and they felt khat, due to the uncertainty of the development of the Lagoon,, they would mske no specific recornendations at this time., He then read the report submitted by the Harbor Commission which recommended granting the conditional use permit providing no structures protruded into the water, MRo GLISSPAN of White.yPs !30at Landing stated that the whole area should be rezoned as soon as possible but he could see no reason for holding up Mr, Fox or anyone else desiring to promote mything on the Lagoon, as holding them up was holding up progresso MR. PAUL BCKE stated he owned the property east of Fox, his daughter oxned the property to the south, ami they were all in favor of having Fox get the permit so that he can create m~~e activity on the Lagoon, FOX asked that the Ha:?bsr Commission report be reread concerning the structures protruding into the water., The Secretary reread the :mepost, Come ZaNer stated that the Harbor Commission felt that a ramp, float or mything of that nature would be within bounds, but that a pier 01" something that would hamper skiers and boating should not be allowed. MR. ECKE stated that loo* of the water fz!& is inside the Fox property so there was no reason why he could not build on his om property, The public hearing was closed at 7~4.5 P.He The Chairman reviewed the background of the case for clarification, MR, GLISSKAN stated that with the exception of ramps and docks he had built temporary structures with the idea that they would have to nove them on demand, Corn, Hayes was present at 7:50 P.Mo Considerable discussion was given this matter by the Commission during which the need for street improvement in the area of the Agua Hedionda Lagoon was brought out, and the hportance of developing the Lagoon. The Secretary read the condi- tions under which the Temporary Ordinances Nos, 9043 and 9052 were passed, The Chairman asked Pk0 Fox if he would be satisfizd with these same conditions and Mr, Fox stated he would. It was moved by Corn, Jamie and seconded by Corn, Hayes conditional use permit be granted under the same conditicns imposed by Temporary Ordinances Nos, 9043 and 9052, which are as follows:: - that Resolution No. 111 be adopted recommending to the Cit.y Council that the 1, That aZ1 structures' placed upon the aforesaid described property shall be of a tempornry nature, and said structures shrill be subject to removal and re- locstion at any time that the City may request such removal and/or relocation; that said removal and/or relocation of the structures shall be at the sole expense of the ownerso 2, That at such time as the City shall hereafter provide a new land use plan and/or master plan for the development of the proposed harboro that applicant will do all things necessary to comply with such new plans, and that this grant of the conditional use permit shall not operate to create a vested right for the maintenance of any structures contrary to the provisims of such new plans, 0 The Chairman asked for a ro'U call voteo AYES: Chairman Swirsk;f, Codssisness Netka, Zaklsr, Fennel, Hayes and Jarvie, NOES : Commissioner St,ringer, ABShYT: None Resolution No, 111 adoptedo 5- HEARING - Variance, Request of Dessa Bekins and Jeanne Weyand for reduction in lot ama from I5,OOC sq, ft to UJ5S s& ft, in order to grant a lot split on a portion of Lot 1, Block Bo Bella Vista, Notice of hewing was read, "he Secretary certified a8 to %he publicat,ion of Hotice of Hearing and the nailing 13f notices to property owners in the area, The Secretary then read the application a'lbmitled by the owner setting forth the reasons for re- questing the-vaYcimeCev toge.Lher with the names and addresses of property owners who had signed the a:3plication in approval, and a letter from So C. and Laura Arnold stating their approval of smaller lots in the areae He stated that if the variance were granted, both lots would have more thm the required front footage and the southerly lot would laave the required Lj,OOO sq. ft, No one present desired to mke any comment, The public hecaring was closed at 8205 P.M. It was moved by Corn, Jarvie and seconded by Corn. Stringer that Resolution No, 112 be adopted grant:tng the request of Dessa Bekins and Jeanne Ihyand for a reduction in lot are,a from 15,000 sq, ft, to 11,250 sq. ft, in order to allow a lot split for the fo:Llowing reasons; 1, Granting this variance would not create a hardship to anyone in the area, 2, The lot wouLd have more than the required frontage, the existing house would have more area than is necessary,, and the new horae would be built on the 150000 sq. ft. lot, 3, The required building area is 10,000 sq. ft, in the adjacent property, Some discussion was ,given this matter during which Corn. Iiayes stated she felt the variance should not be granted as the people on Highland Dr, had fought so long to retain lots with large areas and urdder Article 18 no conditions existed to grant the variance. The Chairman asked for a roll call vote. AYES: Chairman Swirsky, Commissioners Jamiee Stringer, Fennel and Zahler, NOES : Commissimer Hayes ABSENT : None , ABSTAINED: Comnissioner Netka, Resolution No, 112 adopted, 6- HEARING Variance, Request of IJilliam 0, and Carla Bo Hind for reduction in front _c__ footage from 60 ft, to lt705 ft, in order to allow a bot split on Lot 17 (, Terramar EJOa 1, Notice of hearing was read, The Secretary certified as to the publication of Notice of Haaring and the mxiEng of notices to property owners in the areaa l%e Secretary then read 'the applicition submitted Ly the Owner setting forth the reasons for re- questing tho variant?; and a letter from Mrs, E', P. Xeidner, et al, adjacent and nearby property ome?s, requesting that the variance not be granted, NRS. SHAY, 505 Shore - I)s, stated she is concerned over the matter as her lot is adjacent to the lot :in question; if the lot was split and 2 houses were built, it wo&i cause more traffi; and there would be no pl&e to piwk cars with only 35 ft, of frontage; md that there were no other lots in the area with this frontnge, The public hearing was closed at 8~15 PA¶, -3- It was moved by Corn. Stringer znd seconded by Corn. Netka that Resolution Noo 113 be adopted denyin,; the request of I~Jillim G, and Carla U. Hind for reduction of front footage from 60 ft, to 1705 ft, in order to allot: a lot split for the following reasons: 1. If the reduction in front footage were allomd, the Comrlisnion would be 2, Traffic and parking problems would be created in a nice residential areao 3Q Due to the p:resent problems with septic tanks, a lot split would be ' allowing homes to be hilt on 17,5 ft, easementso detrimental. to surrounding proprty owners. Some discussion was given this matter after which the Chairman called for a roll call vote, AYZS: Chairman :Mrsky, Commissioners Netka, Zahler, Fennelu Stringer, Hayes and Jarvie, NOS: Noneo ABSENT: Nonee Kesolution No, 113 adopted, . 7- IIIiARING - Keclassific;-ition. - Herguest of John ile Angel0 to change zone on Tax As;jessOr'S Parcels 16, 17, 18, 19, 20 and 21, in Book 35, - Pap 171 of the Assessor's Kap of 3x1 Diego County, lying - on the north side of Laguna Dr, between the intersection of Hadison and Jefferson Streets, from Lone EL1 to Zone %Po - Notice of hawing wz read, The' Secretary certified as to the publication of Notice of Hearing and the mniling of notices to property owners in the area; and rend the aprAicntion subnittod by John Do Angelo setting forth the reasons for requesting this recla.~sification, together with the names and addresses of property owners in the area whose property was included in this request, nnd those who sup- ported the request, 'here was no written correspondenceo MHS. XINERVA SNYDER, '710 Grand,, stated that she had been the last one to sign the petition Kr. kngelo hxi brought around as she had wanted her property rezoned R3 instezd of RP; that the lots are very deep and one residence is out of proportion on that size lot; and then asked the meaning of &Po The Chairman explained the mennine, of €LP zoning and the uses permitted, and asked Mrs Snyder if she rdi shed to withdraw her support , MRS. SNYUm stated. th.lt she was not withdrzwing her support, The public hearing wa:i closed at 828 P.M, It +?as moved by Corm. Jarvie ana seconded by Chairman Swirsky that Resolution No, 114 be adopted recomn::nd-ing to the Cj.ty Council th.t the property included in the request of John Do An@.o be rezoned from tip1 "LO LP :or the fulloukn~ i'efason~g 3, Because of the exfsting conditions along Laguna and the fact that there is quite a bit of corcmmcial zoning, it would be desirable to reclassify the area concerned to RP, Considerable discussion was given this matter by the Commission during which it was suggested that, it vould be nore practicd to postpone a decision on the lots involved in AngeloEs request so that the adjoining lots to the west as far as Uuena Vista Circle could be considered at the same time; and that an R-3 zone would be more practical than Cornm, Jarvie withdrew his motion with the consent of the second and the floor was again open, It was moved by Comm. Stringer and seconded by Corm. Iiayes that the hearing on the request of John D, Angolo be continued until Hay 12 1959 at 7:3O P.H. and that the Planning Commission adopt Resolution of Intention No, 8 to rezone the property on the north side of Laguna be.tween the intersection of kiison and Buena Vista Gardens from Zone bl to Zone bP0 The Chairman asked for a roll call vote, AYG: Chairman Strirsky, Commissioners Jarvie, Iiayes and Stringer, NOZS : Commissioner Fennel ABSTAINING: Comissioners Zahler and Notka, ABSENT : Wane Kotion carried. Resolution of Intention No, 8 xdopted, a. The Secretary read a letter from Donald A. 3riggs, Jr,, dated April 8, 19598 requesting approval of a lot spl$t and vac:t.tion of a street, The Secretary then stzted that.the requested lot split was of such a peculiar design that neither the hgineering Dept. or himself were able to define the rear and side yards ac- cording to Ordinance 9C,60, so the matter was referred to Wr. Whitnall for hi8 opinion; he then summarized Mr, Whitnall's report bringing out the following points s that it would be more d.esirnble for all property in Cnrlsbsd along lagoons and the ocean front to be municipally owned to provide develoiment for recreational areas, and that the lot, split as requested is a legal 3.bt split, the lots having in excess of the required 600 frentage, and areas equal to or greater than the mini.mwn re- quirement of 6000 sqo f t, Considerable discussioE was given this matter by the Cornmission during which the legality of including that portion of the vacated street from the center line in this property was questioned, Pia. BRIGGS stated this portion of the stFeet was on the tax rolls and taxes had been paid on it, He then submitted the title insurance policy to the Chairman for information The Chairman referred to the policy which stated that it was subject to the right of the public to use that portion of the property herein described lying within the vacated street on the west and vacated to vehicular traffic only, 9- MRS. GROBER stated that they had checked the records very carefully and, with the exception of the Tax Asseasoras Office, every department they asked had stated that the street was vacated to vehicular txaffic only and not closed to public use,, and their contention was that it could not be added to the progerty, l?ilRs. SHAW read two lettsrs, one from the Title Insurance Com7:any stating the road was closed to vehicular traffic only, and the second from the County Road CO~iSSiOI1 stating that if the pro7ert.y owner wanted the road vacated, he would have to petition the City council, During further discussion of this matter by the Corrct.ission, the Chairman pointed out that' the only problem f,w the Commission to decide was whether it concurs with Kr, Whitnall's opinion on whether the northerly odd shaped lot in this parcel constitutes a legal lot, It was moved by Comm. Stringer and seconded by Corn. Jarvie that Mr. Iihitnall *s findings to the effect Lhat the L shaped lot would have adequate side yard:; be ap- proved, subject to an opinion by the City Attorney on the title of the "vacated" property and the resulthg effect it might have on the required lot areao The Chairman asked for a vo-;e on the motion, 6 ayes, Corn. Hayes voting iINotlo Kotion carried The tentative map of Linda Estates was submitted to the Commission for their reviewo Proposed Resolution No. 110 was presented to the Comunission for their review, recom- mending to the City Council the ?.pprov;ll of the tentative map of Linda Estates sub- ject to certain conditions listed therein. IiR. JACK KUBOTA stated +,hat he was representing the subdivider; that the city had not previously required a grading plan which would be an adcied expense to the subdivides, but if the City required it, they would subnit it, He then explained the normal drainage for the lots included in this subdivision, Aftw discussion by the ComAssion, it was moved by Corn, Jarvie ~nd seconded by Corn. Fenrlel that Resolution No, 110 be adopted with the exception that it be mended to require that the existing building on Lot No, 3 have adequate side yard set backs so that there will be no substandard lots in the subdivision, The Chairman asked for a vote on the motiono AYES: Chairman Swjrsky, CoIdssioners Netka, Zahler, Fennel-, Stringer, Hayes and Jarvie, NOES: None, ABSZNT: None, Corn, Hayes stated that the entire committee felt there should be some changes in the sign ordinance; that they had checked the ordinances of other cities and apprised. themselves on XLla 68 2nd 75 on which there had been 2 hearings with other hearings to cone; and they hoped to have a completed draft of suggestions at the next meeting, -6" The Secretary stated that he had received a letter from Kr. Llex Woman who desired to place some proper signs and he had turned the letter over to Corn. Hayes. Corn. Iiayes stated the committee is still working on this iten, The Chairman stated that he had received the report of the comdttee on the hdget for the coming yew, and they had reconmended that the Planning Conmission budget for the next fiscal year be exactly the scme as for the current fiscal year, The City iianager stated. he considered this a reasonable request. Some discussion WES given this matter by the Conmisoion, during vhich Com~. IIayes stated that shc considered the professional services of Er. 'Ahitnall uselessp but, with that exception, th.e other items were excellent, It was moved by Corn. Stringer and seconded oy CO~T. Fennel that a recom.endation be sent to the City Countil to adopt the 2lanning Comn:ission budget as subnitted. The Chairman asked for a vote on the motion. 6 ayes, Ccmm. Hayes voting rrN~*la Kotion carried, 13- WRITTZN CO:fWICJTIONS - Contd, bo The Secretary read a memorandum from the City Council declaring its inten- tion to delete the Vauc:hn property from the Waster Park Plan, a, Corn, Hayes stated she had attended the Planning Congress meeting. There was a brief agenda and Stuart Green was elected president; and that there will be a luncheon meeting on Iiay 23rd ana all Plaiming Commission members in the County will be invited to attend, b, The Secretary stated that he had received a vcrhal report from the City Attorney regarding the Cormunity Development Plnn, iuzd it was the Attorney's opinion that no further action need 5e t,?ken by the Planning Commission, cc The Chaiman Eitated that according to the rules and regulations the Planning Commission ha:; a Chairman and a Vice-Chairman, and as Ik. EbrighC is no longer a memiter of the Conmission, it would be in order to elect a Vice-Chairman, Corral; Jarvie norclnated Corn, Hayes as Vice-Ghaim-, It was moved by Corm, Stringer and seconded by Corn, ktka that the nomination of Corn, ilayes be accepted and that the nominations be clor;ed, Corn, Hayes was mcmimously elected Vice-Chairman, do Corn, Jamie stated he felt that the agendas were rather long at times and suggested having SOXW hearings included in the night set aside for the study meetings. After some discussion, it was the ge.nerd feeling that no hearings should be set for study meeting nights, eo It was moved by Corn, Stringer and seconded by corm, Iiayes thtlt a letter 'be sent to thepas% merlbers of the commission thanking them for their services to the community. 7 ayes, notion carriedo 15- Adjournment, By proper motion, the meeting was adjourned at lO:3O Y.M, Respectfully submitted,