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HomeMy WebLinkAbout1962-06-12; Planning Commission; Minutes.MINUTES OF THE CARLSBAD CITY PLANNING COMMISSION MEETING June 12, 1962 The meeting was called to order at 7:30 F.M. , by Chairman Grant. Present besides the Chairman were Commissioners Davis, Ward, Ewald, Palmer Jarvie and Sonneman . Approval of Minutes of May 22, 1962. A motion was made by Commissioner Jarvie and seconded by Commissioner Kwald that the minutes of May 22, 1962 be approved as corrected. All ayes, motion carried. Approval of Minutes of May 29, 1962. A motion was made by Commissioner Palmer and seconded by Commissioner Ward that the minutes of May 29, 1962 approved a8 corrected. All ayes, motion carried. Written Communications: be The Secretary stated that the written communications would tie in with item No. 6 so recommended having oral communications first. Oral Communications: There were no oral communications. Written Communications: The Secretary read a memorandum from the City Manager to the Carlsbad City Planning Commission dated June 11. 1962 regarding the request for reclassification . of certain property from Zone R-1 to Zone C-2 - Francis J. Fox. At the regular meeting of the City Council held on June 6, 1962, a public hearing was held on the above subject application. After due consideration by the Council it was determined that the most logical zone for the area along the north shore of the lagoon would be , R - T (residential tourist). Due to the fact that the R -T zoning does not allow res - ' taurants and cocktail lounges, it is the intention of the Council to amend the R-T zoning permitted uses to include these uses. It was requested that the Planning Commission reconsider this matter concerning the R-T zoning, and if the C,ommis- sion concurs with this zoning that a report be made back to the Council. The Secretary explained that the Council has denied the chaqge of zone to C-2 but is willing to go along with an R -T zone which is more restricted, and amend Ordi- nance No. 9060 by adding another paragraph to include restaurants and cocktail lounges in R -T zones. We will have a hearing on Resolution of Inbntion to amend R -T zone at the next meeting. The Planning Commission may concur with the Council: reaffirm the decision to grant FOX'S application for C-2, modify their former position, or do nothing and after 40 days it deemed tacit approval of Council action. The hearing on the amendment to the R-T will come up before the Planning Commission at the next meeting of June 26 , 1962. It was the feeling of some of the Commission that they should not wait 40 days but should take into consideration and give this matter careful study. Commissioner Ewald stated that he felt the amended R-T would be Less restrictive than C-2. R-T will be harder to control and would practically eliminate residences along the lagoon. R -T needs protection as they could have a restaurant next to a nice home. The. Commission discussed this matter. The Secretary pointed out Carisbad's R -T is the same as Oceanside's, except Oceanside has amended their R-T to include restaurants in motels but not liquor. There was a discussion regarding the sale of liquor by the lagoon. The majority felt that R-T is too restrictive for the use at the lagoon unless amended. The Secretary stated that he would inquire from the State about liquor licenses on State beaches. HEARING - RECLASSIFICATION - Request by A. H. Clissman to consider a change of zone from K-1 (Kesrdentral) to %-2 (General GommerciaL) on property Located on be South Side of Adams between Hrghland UrlVG and Park urive , said property being Lot 'I, mock U, Bellavista, Map 2132 in the City ot carlsbad. N0tice.d hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. The Secretary then read the application setting forth the reasons for requesting the zone reclass- ification. There was one item of correspondence dated June 11, 1962 from David E. Baird who wrote that he owns lots 15 and 16 as against one lot up for consideration and feels that the surrounding property will be depreciated if the request for C-2 zoning is granted. Chairman Grant stated that he had received oral communications from Vercel Tolles, 4465 Adams, who could not attarlthe meeting. Mr. Tolles does not object to this rezoning as long as they do not have liquor or boat repairs or objectionable noises or fumes there. A. €3. GLISSMAN, 4400 Park Drive stated that he had been before the Commission on this same request in August, 1955. He already had built a dock before the City was incorporated and before the neighbors had built on the hill above him. His first license was in 1953. He had the dock there before the Gas Company was there and ' started dredging. They have been studying this for years. One of the biggest even$: on the lagoon in Carlsbad will be held in July and they expect a large crowd as peopl, will be coming from all over for this event. He would like to build a new building before this affair takes place. He has been patient but would like to have this re- zoning done during his life time. At the rate it is going he will need a life span of 210 years. MRS. THOMAS CASEY, 1301 Rubio, Altadena, stated that she owns property on Adams Street and is opposed to having liquor sold by her property, and wished to talk to her lawyer regarding this matter. Mrs. Casey built her home about 20 years ago. The Secretary explained that Mrs. Casey owns lots 8 and 9 on the point by Pirates Cove. Chairman Grant asked Mrs. Casey it she was aware of the C-2 zone at Pirates Cove. C-1 permits ('off-sale liquor" while C -2 permits "on sale" liquor. He explained to Mrs. Casey that the Council is contemplating rezoning property by the lagoon to R-T with restaurants and cocktail lounges permitted. - -3- MRS. CASEY stated that she would like a copy of Ordinance No. 9060 with the amendments sent to her. There was no other opposition to this matter Chairman Grant asked Mr .Glissman what his reaction is on this R-T zoning or what is his opinion of R-T as amended. MR. CLISSMAN stated that he does not believe the Council is aware of the fact that garages, etc. , are not likely to go in by the lagoon as the property is too valuable €or that type of business, He feels that the R-T as is would fit their own needs but some one later might want to have liquor . He does not plan at this time to be the first one to put liquor in. He hauls away a half truck load of empty beer cans on Monday mornings, He' has to get in and do something with his property or sell it and get out, He will accept R -T as it stands or C -2. Mr. Glissman stated that he owns a strip of property next to Mr. Fox's, The property belonged to Henry Conazt at the time of Ule request for rezoning but he has since bought the property. FRANCIS FOX, 4215 Harrison asked if all the property along the lagoon would be rezoned to R-T as amended and if it would be possible to have R-T cover area reasonably commensurate with Pirates Cove's R-T and C-2. He disagrees with R-T as amended along the entire perimeter of the lagoon. The public hearing was closed at 8:37 P. M. There was a discussion on extending the street from Shelter Cove westerly as shown in the Patterson Report, and that it would make a break between the residential and R -T zoning along the lagoon. It was pointed out that there are several things to consider, not only the report from the Council but also the Patterson report. They should not tie up property which might be used in several years from now in a different way. The development of the lagoon is dependent on opening of the lagoon. Chairman Grant stated that we have two men operating with Conditional Use Permits for years and not doing as we1 as they could if this property is rezoned. There was a discussion of raising taxes. A motion made by Commissioner Sonneman and seconded by Commissioner Davis, that the request for reclassification by A. H. Glissman be deferred for more study and that it be kept alive by keeping it on the agenda and that some action be taken within 30 days, was unanimously agreed upon. A short recess was called at 8:50. Reconvened at 9:05 P.M. HEARING v 'ARIANC E Request of Peter J. Jauregui , Eugene Jauregui and Henry 3. Dillard to consider an application for a variance for reduction in lot area from 7500 sq. ft., to 6720 aq. ft. on property located on the north side of Oak Avenue between-Plo-PrcomghIand Drzve, more particu- larly described as CarIsbad Lands, Tract 119, Map 1661 in the City of Carisbad; said property being Parcel 33, book 156, Page 190 of the Assessor's Map of Sari mego county. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. The Secretary then read the application setting forth the reasons for requesting this variance. The Secretary explained on the blackboard that this property was originally one parcel and in 1960 a lot split was given with a width of 66.91 ' by 112.09'. It was sold to the applicants and when it was conveyed it was a 60' frontage lot by 112.09' and the purchasers were totally unaware they were obtaining a substandard lot. The owners have attempted to purchase the additional 6' but the remainder of the property has since been sold and the present owner is not willing to sell this 6' portion to them. This matter did not come to the City's attention until the appli- cants attempted to sell this property to an attorney and the attorney came in to check the lot split, HENRY J. DILLARD, 947 Oak Avenue, stated that he bought the property from his brother -in-law who had the property split. He did not realize he was not given the proper footage and had sold this property before he was aware of it. They are selling the property to Mr. Crow in Westwood. He was not aware of it being a substandard lot until Mr. Crow tried to get a building permit. The remainder of this property belongs to Mrs. Swank. Commissioner Palmer stated that he visited the property and on account of the way the Swank's house ii built, they did not want to give up any of their land, but are not opposed to having a new home there. The public hearing was closed at 9:17 P.M. After discussion of the size of the lot it was agreed that this request should be granted for the following reasons: 1. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located as the difference in the required square footage area in the Lot would not interfere with a proper home in this area. 2. That the front footage is the footage required. 3. That there was no opposition to this variance. 4. That it would affect a hardship if not granted. 5. Tha€ the granting of such variance will not adversely affect the comprehen- sive general plan. The following resolution was presented for consideration: Resolution No. 252. A RESOLUTION OF THE CARLSBAD CITY PLANNING -ING A VARIANCE ON PROPERTY LEGALLY DESCRIBED AS AS PORTION OF CARLSBAD LANDS, TRACT 119, MAP NO. 1661 OF THE CITY OF CARLSBAD, was unanimously adopted on Commissioner Sonneman's motion, seconded by Commissioner Palmer. The Secretary read a memorandum from the City Manager to the Carlsbad City Planning Commission, dated June 12, 1962 regarding the tentative map of Holiday Manor Subdivision. The City Engineer presented a revised tentative map of this proposed subdivision at an adjourned meeting held June 7, 1962 which would include 12 additional lots presently owned by Dr. Palmateer , as well as the creation of a new street running north and south. This will open up additional property, i e. Dr. Pahateer's and will give an additional street which the City has needed for some time for drainage and sewer facilities, There would be 800' of storm drain- - .. age improvement and if the subdivider participated 50% of the cost of this storm drainage improvement, the City should participate in the remaining 50%. The City Engineer recommended that the City participate in the improvement of Tamarack Street from Highland Drive east 150' to the westerly boundary of the subdivision and 1/2 of the storm drain cost. Resolution No. 828 was adopted, conditionally approving the revised tentative map of Holiday Manor subdivision, subject to the City Engineers recommendations, and approval of the Planning Commission. The City Engineer, Lowell A. Rathbun, presented a map he had prepared of this subdivision and the surrounding property, and stated that the subdivision did not include the property of Mr. Robirds and Mr. Vollmer, but both are aware of this proposal. The approximate cost of the 800' storm drainage improvement which would include crossing of Tamarack would be $15 to $20 per foot. Dr. Palmateer'S future lots on Highland will be 150' deep. There will be 3 streets abutting the rear of properties with frontage on Park Drive not counting the Tamarack extention. If the funds are available and the subdivision goes through, the storm drain improve meats will be completed when this subdivision is completed. Resolution No. 246-A. A RESOLUTION OF THE CARLSBAD CITY PLANNING m-RECONZNIENDZNC APPROVAL OF THE REVISED TENTATIVE MAP OF HOLIDAY MANOR SUBDIVISION and concurring with the findings of the Council, was unanimously approved on Commissioner Sonneman's motion, seconded by Commissioner Ewald. There was a discussion regarding a precise pian for the extension of Tamarack. Chairman Grant read a report dated Mayk, 1962 from Commissioner Ward ad Davis recommending that the present proposed route be used as a secondary street with 48' curb to curb width on a 60' right of way, and that the proposed cut by Mr. Wick's property at Skyline should not be more than 4 to 6' deep. They felt that they should have a precise plan of the right of way planned even though it lays dormant so if the need arises they would have it. By common consent it was agreed that a tentative Resolution of Intention be pre- pared for their consideration. New Business: Commissioner Sonneman brought up the subject of getting property owners to set- back any of their improvements or planting inside of their own property lines so the City could put improvements in. This was brought up before the Council but nothing has been done about it. There was considerable discussion among the Commissioners. It was pointed out that if this were done and the City did not improve the streets for several years that it would not be a good thing. Mr. Jarvie stated that when improvements are put on City property it is an encroachment on the City property. The City Engineer stated that he has had hydrant problems and was directed to locate these property lines. It would require a lot of survey work which they have not been able to do. The Chairman requested that the Secretary discuss this with the City Manager and staff and report back at the next meeting. -6 - Old Business. &t) Zoning of Roosevelt and Walnut. Commissioners Ward and Hughes were on a committee to investigate the zoning at Roosevelt and Walnut. The Secretary reported that they had picked up 50' on the southwesterly side of Roosevelt and Walnut and 62 1/2 feet on the southeasterly corner as there is a building there and the property owner is unable to use this property for a business with the present zoning. The following Resolution of Intention was presented for consideration: Resolution of Intention No. 28. RESOLUTION OF INTENTION OF THE PLANNING ADVERTISE FOR A ZONE CHANGE FROM R-P (RESIDENTIAL PROFESSIONAL) TO C-2 (GENERAL COMMERCIAL) LOTS 17 AND 18, BLOCK 30, AND THE NORTH WESTERLY 12 1/2 FEET OF LOT 14, AND ALL OF LOTS 15 AND 16, BLOCK 42, CARLSBAD TOWNSITE, MAP NO. 775 IN THE CITY OF CARLSBAD, was unani- mously adopted on Commissioner Ewald's motion, seconded by Commissioner Jarvie. 1SmL-L- SECRETARY OF THE PLANNING COMMISSION TO (b) Grading Plan relative to tentative subdivision maps. The Secretary reported that he had checked in various cities and San Diego and Carlsbad are the only cities in the countythat have a grading plan. He went into detail with the County Planning Director's office and while they do not have a grading plan they feel it would be a hardship and impractical to have this on a tentative subdivision map as it is not a final map. It was pointed out that there is a grading plan submitted before the final map is approved and that it is left up to the decision of the City Engineer. Commissioner Davis stated that the City Engineer has not complied in the past and has said he is not responsible for land adjacent to subdivisions. He believes the engineers should inform the Planning Commission of any plans of grading. He does not expect the engineers to do something that is not feasible. The map comes up and we pass this subject to the City Engineer's approval. It was pointed out that sometimes the developers have not bought the land and just have an option on the property. The engineers work with the subdivision and find if there will be any ponding, etc. , before he buys. Commissioner Davis read Resolution which the Secretary had prepared from Mr. Davis' recommendations. Chairman Grant stated that he does not feel we should interfere with smooth progress. He agrees we should take steps to protect property owners but should not hold the subdivision up. The Secretary explained that they do have a grading plan at the time of the final map which goes before the Council and not the Planning Commission. The Planning Commission chairman signs the map. - " 7 " Commissioner Davis referred to the minutes of May 29, 1962 and to the Code Book, Section 12.9, Issuance and Denial of permits, grading ordinance, Page 118. By common consent it was agreed that the Planning Commission send a memoran- dum to the City Council asking that they give consideration to this m;ltter of grading plans before passing final maps. New Business. Chairman Grant stated that all of the Commission had received the minutes of the County Planning Congress meeting and that Commissioners Palmer and Ewald are planning to attend the second quarterly meeting of the San Diego Planning . Congress on June 14, 1962 at Rancho Presidio in Mission Valley. Adjournment. By proper motion the meeting was adjourned at 10:30 P.M. Respectfully submitted, J. €3. PRICE, Secretary