HomeMy WebLinkAbout1986-10-15; Parks & Recreation Commission; MinutesMINUTES
Meeting of: PLANNING COHMISSION
Time of Meeting: 6:00 p.m.
Date of Meeting: October 15, 1986
Place of Meeting: City Council Chambers
COMMISSIONERS
CALL TO ORDER:
The Regular Meeting was called to order by Chairman
Schlehuber at 6:05 p.m.
PLEDGE OF ALLEGIANCE was led by Chairman Schlehuber.
ROLL CALL;
Present - Chairman Schlehuber, Commissioners
Hall, Marcus, McBane, Holmes and
Schramm.
Absent - McFadden.
Staff Members Present:
Charles Grimm, Assistant Planning Director
David Mauser, Assistant City Engineer
Michael Holzmlller, Planning Director
Mike Howes, Senior Planner
PLANNING COMMISSION PROCEDURES
Chairman Schlehuber reviewed the Planning Commission
procedures, shown on the transparency, for the benefit of
the audience.
AGENDA ADDITIONS, DELETIONS OR ITEMS TO BE CONTINUED
At the request of Chairman Schlehuber, Agenda Item No. 1
was taken off of the Consent Calendar.
CONSENT CALENDAR;
The Planning Co
Item:
nlsston approved the following Consent
2) PCD 82 - ROOSEVELT »2 - Request to change from an
approved decorative block wall to a proposed
decorative block and wood fence along the north
property line.
AGENDA ITEM TAKEN OFF CONSENT CALENDAR;
1) ON SITE SIGNS FOR PUBLIC NOTICE
Mike Howes, Senior Planner, Introduced Lance Schulte,
Assistant Planner, who will address this Item.
Mr. Schulte stated that they contacted three local sign
firms to get an estimate on what certain signs would cost.
He stated that the highest estimate was S575, the low
estimate was S340, and the medium estimate was $360 (all
signs Installed by the firm). Installation ran anywhere
from $20 to S60. Mr. Howes stated that this could apply
to any size project that would come before the Planning
Commission for discretionary review.
Mr. Howes stated that the Commission might consider the
possibility of requiring smaller projects that are
approved administratively, such as minor subdivisions, to
post smaller signs.
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October 15, 1986 PLANNING COMMISSION Page 2
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In response to a question by Chairman Schlehuber on what
was meant by "discretionary" projects. Mr. Howes stated
that It would be projects that come up for public hearing.
He clarified that a project such as a minor setback
variance, staff would not want to make them put up a S<tOO
sign. This Is something that needs to be explored when
the ordinance Is written up.
Commissioner Holmes stated that he felt that a S500 sign
Is unacceptable. Chairman Schlehuber added that a $500
sign on small projects Is too expensive and not a
realistic figure. Charles Grimm, Assistant Planning
Director, stated that staff agreed with the Commission's
feeling on this, and stated that one of the things that
staff would have to do when It looks into the ordinance Is
try to come up with a fair equitable program for posting.
He added that a large sign would not be appropriate fur a
smaller project.
Chairman Schlehuber stated that he felt that the signs
could be done on a poster board. Commissioner McBane
suggested that reusable signs be used and that there be a
place for a variable notice that could be attached to It.
One of the problems with cardboard signs Is that they
could be destroyed easily.
Commissioner Marcus felt that the signs were a little big
In size; however, a small disposable one would not last In
bad weather. Commissioner Holmes stated that there are
water proof materials which could be used.
The Planning Commission sent the matter back to staff for
further review, noting the comments made by the
Commissioners, and that It be returned for public
hearing.
PUBLIC HEARINGS:
3) SOP 86-4. - PALOMAR AIRPORT PLAZA - Request approval
of a site development plan to construct a three story
62,609 square foot general office building, on a
three acre site located on the southwest terminus of
La Place Court. The site Is directly north of
Palomar Airport, approximately 1,000 feet west of El
Camino Real, and surrounded on the east, north and
west by the Carlsbad Research Center Specific Plan.
Charles Grimm, Assistant Planning Director, gave the
presentation on this Item as contained In the staff
report. Wall and transparency maps were used to depict
the site and its location. Mr. Grimm described the
amenities of the project. He pointed out that this
project meets the standards of the Koll Specific Plan
although not In that plan's boundaries. He further
pointed out that the one major issue on the project was
its relative distance to the airport. The plans were sent
to SANOAC for review, and It meets the standards of SANOAC
and FAA. Staff Is recommending approval.
Commissioner Hall Inquired on the location of the
dumps ters. Mr. Grimm stated that the applicant has beenwilling to relocate the trash dumpster In another area of
the project which would allow for better circulation.
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October 15, 1986 PLANNING COMMISSION Paqe 3
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Commissioner Hall Inquired whether a tractor-trailer unit
could get Into the area. Mr. Grimm pointed out that It Is
a general office-type building, and these type of vehicles
are not anticipated coming In. David Mauser, Assistant
City Engineer, stated that he did not believe that a
tractor-trailer could make It through the parking lot tf
one made the attempt.
Chairman Schlehuber declared the public hearing opened at
6:20 p.m. and Issued the Invitation to speak.
Roy Collins, 5703 Oberlln Drive, Suite 208, San Olego,
applicant, addressed the Commission and stated that they
have worked »ith FAA and SANOAC who have given their
approval of the project. Further, they worked closely
with the Koll Company, and they have no concerns.
Mr. Collins, with the aid of a wall map, pointed out the
various features of the project, and the recreational
amenities. He addressed the trash Issue and gave the
reasons why It was located In Its original area. However,
due to the concerns of the actual day to day operations of
getting a trash truck In and out of there, the trash
dumpster was relocated to a more convenient area which
minimizes the formal concerns. Speaking to the
loading/unloading Issue, he stated that an area 50 feet
wide by 2* feet clear was designed specifically for
loading/unloading. He felt that the 2* foot width streets
were good, and the Fire Department has expressed their
approval.
Commissioner Hall expressed his concern that a tractor
hauling a 20-25 foot trailer would not be able to
circulate back to the loading area, and make a right turn
on the 2<t foot driveway. Mr. Hauser stated that the
truck would marginally be able to make It round the 2*
foot driveway.
In response to Commlssloner McBane, Mr. Collins stated
that the central plant would not be relocated. He stated
that the reason he wanted to keep It In Its present
location was due to Its proximity to the SOGiE's entrance
off of the cul-de-sac and because It Is the point of least
Impact. The plant Is a low-noise unit.
Chairman Schlehuber referred to the 5-foot height limit
set In the area and wondered how this will be enforced.
Mr. Collins explained the efforts they put forth so that a
standard 5-foot car could park In the particular area and
not breach the airport overlay zone. They will be posting
signs stating "no vehicles In excess of 5 feet In height
are permitted In this tone". Further, the property
manager will be Instructed that If any vehicle Is In the
particular zone. It will have to be removed.
There being no other person In the audience desiring to
address the Commission, Chairman Schlehuber declared the
public hearing closed at 6:35 p.m.
Commissioner McBane Inquired regarding a condition that Is
being added to projects In the airport Influence area.
Mr. Grimm stated that the condition Is requiring the
project to conform to all FAA and airport land use plan
regulations. There was no problem to add that condition.
Mr. Collins stated that he had no problem with thatcondition.
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October 15, 1986 PLANNING COMMISSION Page
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Commissioner Hall referred to Condition No. 22 and
Inquired whether It Is a standard condition. Mr. Hauser
replied In the affirmative.
Commissioner Hall stated that he would like to see one of
the driveways opened up to at least 28 feet. Mr. Collins
stated that It could be done, but the ten-foot strip of
landscaping between the parking area and the building
would have to be cut Into four feet. He stressed that the
chances of a big truck hauling a trailer coming Into the
project are remote.
Mr. Hauser stated that there might be a way that staff can
work with the applicant to cut off a little In the planter
areas on the corner to make sure there Is easy access for
a semi-tractor trailer. Mr. Collins Indicated his
agreement.
Commissioner McBane Inquired whether the main driveway
could be widened to 28 feet. Mr. Collins Indicated his
preference not to do that and that the concerns about
width within that area are fairly minimal.
The Planning Commission approved the Negative Declaration
and adopted the following Resolution approving SOP 96-H
based on the findings and subject to the conditions
contained therein; Including the following (1) that the
applicant work out with staff the widening of at least one
driveway to make the capability fur a larger truck to get
to the loading area; (2) add the airport Influence
standard condition; and (3) move the trash dumpster
location from the north to the east side of the property
line:
RESOLUTION NO. 262* APPROVING SITE DEVELOPMENT PLAN NO.
8<-», TO CONSTRUCT A THREE STORY 62,609 SOOARE FOOT
GENERAL OFFICE BUILDIMC ON A THREE ACRE SITE ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST TERMINUS OF LA PLACE
COURT, 1,000 FEET fESf OF EL CAMINO REAL AND DIRECTLY
NORTH OF PALOMAR AIRPORT.
4) CUP-205(A) - CRAZY BURRO - Request for approval of an
amendment to a conditional use permit to allow a
dance floor at an existing restaurant on the east
side of El Camtno Real between Alga Road and Oove
Lane In the C-l-Q zone.
Mike Howes, Senior Planner, gave the presentation on the
above Item, and described the site and Its location with
the aid of a transparency map. He stated that when this
was approved originally, a straight patio was Included in
the site development plan. Staff has become aware that
this area has been used for dancing as well as outdoordining. This Is an illegal use, and one of the conditions
for approval of the CUP is that this use cease and desist
In this area.
Commissioner Hall Inquired why this Is a two-year
conditional use permit rather than maybe five years. Mr.
Howes stated that that can be done: staff was under the
Impression that the Commission may want to review the
permit sooner than five years.
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Commissioner Marcus requested clarification on the number
of dance floor areas. Mr. Howes deferred to the
applicant.
Chairman Schlehuber declared the public hearing opened at
6:*5 p.m. and Issued the Invitation to speak.
31m Walsh, £996 El Camlno Real, addressed the Commission
and In response to Commissioner Marcus' Inquiry, stated
that there »ill only be one dance floor which will be
located inside of the building.
Commissioner Hall Inquired whether Mr. Walsh agreed with
Condition No. *. Mr. Walsh Indicated that he had not
reviewed the conditions of approval. He believed that the
only condition that was of concern dealt with the parking,
which staff has Indicated that they are satisfied for the
one dance floor.
A brief discussion ensued upon a request by Mr. Walsh for
a continuance of the project to review the conditions.
Commissioner Marcus Inquired as to what the effects were
regarding Condition IH. Mr. Howes stated that It would
probably require a very minimal fee, If any, and that this
was a standard condition. The fee would be determined at
the time of the Issuance of the building permit, If any
permit Is required. He stated that the change Is so
minor, that It may not even require a building permit.
Mr. Walsh stated that he would not want a continuance
since the condition Is a standard condition and Is of no
concern to him.
Robert R. Randolph, representing the Board of Directors of
the Paseo De La Costa Homeowners Association, 6155
Sandpiper Place, addressed the Commission In opposition to
the project. He expressed his concerns with various
problems caused by the Crazy Burro on the days It holds
special events. He stated that customers come over to
their parking areas In the condominium project and park in
their private street and parking places. They have spoken
to the Police Department about the problem and they
suggested that the residents put a gate across there, or
put someone to stop people who are not residents frum
coming in. This was discussed and it did not seem the
practical thing to do. (A letter expressing the Board's
opposition was filed with the Clerk.)
Bill Hofman, 6994 El Camlno Real, Suite 308-C, spoke in
support of the project. He stated that he has never seen
a major parking problem. In response to a question
regarding the special events held at the restaurant, Mr.
Hofman stated that the fifth of every month a happy hour
is held there, and an annual celebration on the 5th of
May.
There being no other person present desiring to address
the Commission, Chairman Schlehuber declared the public
hearing closed at 7:00 p.m.
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October 15, 1986 PLANNING COMMISSION Page 6
Commissioner Marcus stated that she agreed with Mr.
Hofroan that there was generally no parking problem out
there, and the situation where the cars park on the
private street would be very rare. She stated that she
wished that there was the adequate parking out there to
approve an eating patio area outside as this would be a
nice enhancement to the establishment.
Chairman Schlehuber stated that In light of the complaint
of the homeowners' association, he requested that the
Commission review the permit In May 1988 If approved.
Commissioner Hall stated that he did not feel It was fair
to Judge a man's business by one day out of the year, May
5th, and Condition No. 9 sufficiently covers any concerns
regarding reviewing the project. He recommended that the
permit be reviewed within five years.
Commissioner McBane referred to the map and stated there
were references to the patio which should be deleted.
Commissioner Hall pointed out that there was a
nlsnumberlng of the conditions of approval. Mr. Howes
Indicated that staff would make these corrections.
The Planning Commission approved the Notice of Prior
Compliance and adopted the following Resolution approving
CUP-205(a), based on the findings and subject to the
conditions contained therein:
RESOLUTION NO. 2626 APPflOVINC AN AMENDMENT TO AN EXISTINGCONDITIONAL USE PERMIT ro ALLOW A DANCE FLOOR AT THE CRAZY
BURRO RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE EAST
SIDE OF a CAMINO REAL BETWEEN ALGA ROAD AND OOVE LANE.
RECESS
The Planning Commission recessed at 7:07 p.m. and
reconvened at 7:17 p.m., with all members present with
the exception of Commissioner McFadden.
5) ZCA-m - CITY OF CARLSBAD - An amendment to the
Subdivision Ordinance and Zoning Ordinance to add the
Hillside Development Regulations for the development
on hillside areas.
Mike Howes, Senior Planner, gave the background of the
Item. He thanked Commissioners Schramm, Hall and Holmes
for the assistance as part of the Hillside Subcommittee In
the formation of the Hillside Development Regulations.
He stated that Ideas were taken also from other
Jurisdictions who have these regulations In their
ordinances. Most of the ordinances which were reviewed
were directed towards large lot single-family development.
Staff has created an ordinance which they feel can apply
to both single-family and multi-family and to a certain
extent to non-residential development. Further, the
ordinance was submitted to other departments, professional
engineers and landscape architects to obtain their review
and comments. Constructive comments from the
professionals were Incorporated Into the ordinance. The
ordinance does provide the flexibility to allow
modifications when they are warranted. However, with any
modification, the burden of proof will be put on the
developer to justify the request for modification.
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Mr. Howes called attention to a memo from staff maklna &
number of minor changes to the ordinance which clarified the
xording of the ordinance. He Introduced Lance Schulte who
• HI be giving the presentation In further detail.
Chairman Schlehuber also called attention to a letter
received from Rick Engineering on this matter.
Lance Schulte, Assistant Planner, stated that the ordinance
requires an applicant to map certain slope conditions on the
project. The categories required to be mapped are 0 to 15%.
slope; 15% to 25* slope; 25% up to W* slope; and greater
than *0» slopes. They are also required to produce a
minimum of three slope profiles to show what the ground will
look like In profile. The ordinance would be applicable to
property that has a slope of greater than 15$ and that slope
Is higher than 15 feet In height. The ordinance also
requires that four findings of approval be met before a
development of a hillside could be made.
Mr. Schulte continued stating that the ordinance calls out
for no residential density to be granted to areas within a
project that are greater than »0* slopes. It defines that
only 50* of potential density credit be allowed on slopes
between 25ft - 40% consistent with the recently adopted
growth management program. It provides consistency with the
subdivision ordinance to make sure that unbulldable sites
are not developed.
Mr. Schulte itemized the ten development standards
established by the ordinance. He stated that of the ten
standards, staff feels that the standard regarding the
volume of grading, cut and fill, Is probably the most
Important because It establishes the acceptability of
hillside landfom change - the degree that the natural
hillside would be changed.
Mr. Schulte concluded by stating that recognizing that all
slopes and development are not the same, Section 070 of the
ordinance allows for the modification of the development
standards If three standards are met: (1) unusual
geotechnlcal or soils condition that would require sensitive
grading; (2) circulation on the roadways, such as major
arterlals, that would require extensive grading to meet all
City design standards; and (3) significantly more open space
would be provided with the modification of standards then
would be a strict Interpretation of the ordinance. To
receive a modification, the applicant must show and justify
such a modification.
Chairman Schlehuber stated that the presentation was very
detailed, and noted that It was not all contained In the
staff report and requested that It be submitted to the
Commission In writing.
Chairman Schlehuber declared the public hearing opened at
7:27 p.m. and Issued the Invitation to speak.
Don Woodward, 5100 Campus Drive, Newport Beach, addressed
the Commission and stated his preference to have a flat pad
that has a grade that would naturally drain, with balance on
site so that there be no necessity to do any grading. A
grading ordinance is a necessary evil and a function of
communities who have a varying topography such as Carlsbad.
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October 15, 1986 PLANNING COMMISSION Page 9
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Mr. Woodward stated that he felt that the proposed
ordinance does not give the required flexibility that
should be adhered to In any kind of a governmental
requirement. The criteria Is here, but when you become
overly restrictive, you preclude what might really be
beneficial In terms of land use concepts, etc. He felt
that the ordinance should be written differently, with
more flexibility.
Bob Ladwlg, Rick Engineering, addressed the Commission and
reviewed a letter he submitted to the Commission outlining
minor changes that could be made in the language of the
ordinance to make It a positive ordinance rather than a
negative ordinance. He pointed out that Paragraph (E) on
Page * of the ordinance refers to setbacks on top of
slopes. He stated that there are conditions where one
wants to build a project and may have a unit that may be
over the edge of the slope. There may be a 10-foot break
at the top of the slope, and he felt that maybe that would
be allowed by the ordinance; however, It Is not clear
whether this can be done the way the ordinance presently
reads.
Mr. Howes stated that that portion was put In basically to
address projects that are built on top of a slope that do
not step down a slope. This portion, however, does not
prohibit a project from stepping down the side of a
slope.
Mr. Ladwlg felt that that detail should show up in one of
the cross sections that would be drawn through the
project, showing the existing and future grades and the
units on the slope.
Commissioner Hail felt that there needs to be some
language in the ordinance that spells this out more
clearly. Mr. Howes stated that staff could accomplish
some wording to the fact that projects that are built on
top of the slope and do not step down the slide of a slope
be setback from the edge of the slope.
Chairman Schlehuber requested that the drawings attached
to the ordinance be Included as part of the ordinance
Itself and that a drawing be Included on this particular
portion. Staff indicated that this could be done.
Mr. Ladwlg pointed out that he did not have a chance to
review the ten standards, and other data presented by Mr.
Schulte tonight. He continued reviewing the letter he
submitted to the Commission. He pointed out ways that the
wording could be changed to make It a positive ordinance
rather than a negative ordinance.
Mr. Ladwlg referred to Page 6, Line 15 1/2, that the
phrase "one or more of the following" be added to the
sentence. He explained that the only way one could
qualify for any of the modifications, Is that the person
have a circulation element road in the property. The way
it Is written, It Is very specific that a person has to
have all three of them. Yet one happens to be a major
circulation element. Mr. Howes stated that there was no
problem with putting in that wording.
Mr. Ladwig pointed out a correction to Page 6, Line 21,
the word "accomplished" should be "accompanied". Staffindicated that would DC corrected.
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Chairman Schlehuber Indicated his preference to continue
^qenda Item No. 5 at this time to later on In the meeting
to give the public an opportunity to review additional
documents submitted on this matter and be able to comment
on them.
Mr. Ladwlg made one further comment on the concern that
staff has regarding the quantity of yardage removal of
slopes. He stated that the damage done to native land Is
done when one removes the first si* Inches. Whether one
goes 10 ur 20 feet further down In some cases does not
make much difference. Staff needs to focus more on
landscaping, drainage away from slopes, and slope
protection as a positive thing, rather than concentrating
on the number of yards. He thought that more concern
should be placed on wnat you do to replace what was there
as far as protection to the surface than the amount of
yardage that you are moving.
The Planning Commission continued Agenda Item No. 5 to the
last agenda Item on the calendar of this meeting.
DISCUSSION ITEMS
6) PCD-88 - LA COSTA VILLAGE APARTMENTS
Charles Crlim, Assistant Planning Director, gave the
background of the Item as contained In the staff report.
Transparency and wall maps were shown depleting the site
and Its location. He stated that the only real Issue Is
the density of 12.3 dwelling units per acre In the medium
high density range and how It relates to the growth
control points. The growth control points for this
particular general plan designation Is 11.5 dwelling units
per acre. He stated that staff feels that the Commission
does not have to hold to the growth control points on this
project for the following reasons (1) this project was
before the Commission months ago before the growth control
points were adopted; and (2) a similar project, In a
similar situation, Casa Loma Condos was above the growth
control points and was recently approved by the Commission
and the Council.
Bill Hofman, 6994 El Camlno Real, Suite 208-C,
representing the applicant, concurred with the staff
recommendations on all aspects. He stated that they agree
with the conditions of approval with the exception of
Condition No. 6. He stated that with the moratorium going
on, a one-year time limit may not be sufficient. He
requested that either the condition be eliminated, or that
the Commission extend the time to a more reasonable time.
In a discussion on the wording that should be Included as
far as extending the time, Michael Holimlller, Planning
Director, stated that normally what Is allowed under a
subdivision map would be two years, and the applicant
could come back and request two one-year extensions.
Commissioner Holmes commented that the applicant did a
very good Job In addressing the Commission's concerns on
the project.
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The Planning Commission approved the Negative Declaration
and adopted the following Resolution approving PCD-S9:,
based on the findings and subject to the conditions
contained therein; with the modification of Condition No.
6 as described:
RESOLUTION NO. 25*7 APPROVING A TEN-UNIT APARTMENT PROJECT
ON A .91 ACRE PARCEL ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER Of THE LUCIERNACA STREET/URU8U STREET
INTERSECTION.
Commissioner Holmes requested that there be no TV
antennas, RV or boat outside storage In the project.
Mr. Hofman Indicated that that would be fine with the
applicant.
The Planning Commission made a minute motion that there
be no visible tv antennas, RV or boats stored outside the
project.
7) PCO-92 - SOUTH COAST ASPHALT - Request for temporary
rock mining and processing operation In the
Carlsbad Research Center.
Charles Grimm, Assistant Planning Director, gave the
presentation on this Item as contained In the staff
report. A transparency map and a wall map depicted theactual site and Its location.
In response to Commissioner Holmes, Mr. Grimm stated that
the applicant Is requesting 18 months to complete this
project. However, If everything goes well, It should be
accomplished within 12 months.
In response to Commissioner Hall regarding whether the
applicant could use the material off -site, such as In San
Marcos, Mr. Grimm stated that a prohibitive conditioncould be placed on the Resolution. Another thing that
could be done Is for staff to bring back conditions before
the Planning Commission before actually going through the
project.
Commissioner Marcus referred to the applicant's letter and
Inquired what was being referred to regarding material
being disposed of In canyons. Mr. Hauser stated that ItIs cummin for an earth work operation, If they do have
large unsuitable material, to dispose of It In fill areas
and canyons. Mr. Holzmlller further clarified that the
canyon area must be approved for a fill. They cannot take
the rocks and put them In canyons somewhere without having
that canyon area actually being filled as part of the
approved project.
Commissioner McBane Inquired whether there was an
ordinance that would regulate the hours of operation or
whether that would be conditioned also. Mr. Hauser
responded that the grading permit process gives quite a
bit of leeway to put these type of conditions.
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Don Hlckethler, 3701 Haymar Drive, representing South
Coast Asphalt, addressed the Commission, and stated that
there Is no problem *lth the condition regulating the time
of operation as stated In the grading permit. He stated
that he submitted 12 conditions to staff for their
consideration. One of the conditions was any processed
rock product produced on site will not be transported on
any dedicated city street. That mould limit them to the
project.
Mr. Hlckethler briefly described the process that will be
followed for the benefit of the College Boulevard project,
as well as for the streets on Phases 3 and <* of the Koll's
CRC project.
Mr. Hauser stated that the condition mentioned by Mr.
Hlckethler could be Incorporated by staff with the change
that the streets be publicly dedicated streets. Mr.
Hlckethler Indicated his agreement.
Commissioner Schramm Inquired whether there would be
enough crushed rock to complete the project. Mr.
Hlckethler responded that Koll Company would have enough
material of other type on site If needed.
Tony German, 2715 York Road, Construction Project Manager
for the Koll Company, stated that they have no objections
to the recommendations by staff. Also, regarding noise
and dust pollution created by the plant, Mr. German stated
that they would make every effort to mitigate those
problem areas that might be associated with the crusher
plant.
The Planning Commission accepted the proposed grading
operation, as a test case, and adopted ROI-176 directing
staff to draft a possible amendment to the Zoning
Ordinance to conditionally allow the rock crushing
operations In similar Instances.
5) ZCA-19* - CITY Of CARLSBAD (Continued)
Chairman Schlenuber reopened the hearing on Agenda Item
No. 5 at this time.
Sob Ladwlg addressed the Commission and referred to
Section 21.95.060 (d) the last sentence which states:
"all man-nude slopes shall be landscaped to the
satisfaction of the Planning Director prior to occupancy
of any structures". He pointed out that this Is a design
guideline, and this section Is more of an Implementation
problem rather than a design guideline. He wondered If It
was appropriate for that section.
Mr. Howes stated that requirement was put In at the
suggestion of the Hillside Subcommittee.
Mr. Ladwlg added that the developer does have a landscape
plan approved by the City before his construction begins.
He puts up a bond to guarantee the Improvements, so the
mechanism Is there to enforce that.
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Mr. Ladwig referred to Section 21.95.070 and stated that
the following findings could be added to that section:
(a) sites that are affected by Nos. 1 and 2 above; and (b)
that the resulting end product Is aesthetically pleasing
landform.
Don Woodward addressed the Commission and stated that the
developers do have an approved landscape plan which they
have to bond for. Further, problems with the weather,
with access, etc., might affect when the developer may be
able to plant banks, etc.
Mr. Howes pointed out that even though the developers do
have a bond, It has not proved very effective. The City
has had a lot of problems getting good landscaping on
projects.
Michael Holimlller, Planning Director, stated that the
problem has been that the developer gets an approved
landscaped plan, It Is bonded for, and yet does not turn
out the way It was planned. The project Is starting to be
occupied. The concern was that there be some mechanism to
ensure that the landscaping Is there per the plan before
the units get occupied, and City staff does not have to go
and call the bond.
Mr. Woodward stated that there are some incredibly bad
soils conditions here, and anybody In this business and
going through the effort in developing on the land, would
be very concerned with the appearance of the project and
will do everything they can. The bond should be
sufficient to cover this problem.
Larry Clemens, HP I Development, 7707 El Camlno Real,
addressed the Commission and stated that the development
Is a big part of this Industry and should be a part of
major decisions like this as they come along. He thought
that there were quite a few things that could have been
helped significantly had everyone been a part of a team
working together to try to put together regulations that
the developers as a Industry would have to Implement.
Mr. Clemens expressed his concern that the proposed
regulations was overly restrictive and does not allow for
solutions. Although variances are allowed, they are
difficult. He felt that the ordinance Is not a formula
that addresses sensitive grading. He quoted from a letter
sent by HP I to the Planning Department dated July 3, 1986
relative to this subject.
Mr. Clemens expressed his concern that no where In the
Intents and purposes and findings in the ordinance does It
speak to the Justification for reducing by 50% the density
transfer. The growth management plan recently adopted
Includes this already. He pointed out that HP I has
probably one of the most Impacted pieces of land affected
by this ordinance In the entire city.
Mr. Clemens also questioned the reason the City continues
doing Master Plans. The Master Plan contains the most
restrictive language there Is on every subject, including
slopes. He stressed that the purpose for a Master Plan Is
to allow for creatlveness and to take density transfers
and to do cluster housing and put It in certain fashions
to allow for the overall planning of a site. This
ordinance, however, Is a non-creative solution.
—
MINUTES
October 15, 1986 PLANNING COMMISSION Page 1)
COMMISSIONERS
rim Roberts, La Costa Ranch Company, 699* El Camlno Real,
addressed the Commission and expressed his concern »lth
the ordinance. Each development area Is unique and there
Is a creative artistic process In creating Master Plans.
One establishes guidelines and purposes In the Master
Plan. The ordinance restricts the artistic ability of the
Planning Staff and the professionals that can help create
a Master Plan that means something. He expressed his
concern regarding the over-regulation In Carlsbad and
consequently, loosing the ability to be creative.
Chairman Schlehuber pointed out that a number of cities
have hillside ordinances. Mr. Roberts stated that the nay
the ordinance reads needs to be amended to be a morepositive ordinance. The language has been drafted In a
negative fashion.
There being no other person In the audience desiring to
address the Commission, Chairman Schlehuber declared the
public hearing closed at 9:26 p.m.
Commissioner Marcus stated that she felt that the
developers have raised very valid points as to how the
ordinance has been worded.
Chairman Schlehuber suggested that the wording "all
general restrictions shall be met unless they can meet the
provisions of Section 21.95.070" should be Inserted in the
ordinance.
Mr. Howes stressed that staff felt that there should be
strong language In the ordinance to put the burden on the
developer to justify the exception and not to put the
burden on staff to Justify why they should not be allowed
to exceed the amount.
In the discussion that ensued, Commissioner McBane stated
that his biggest problem dealt with Section 21.95.080. He
stated that It seems to him that there are different kinds
of non-residential development ranging from office and
retail to private schools to Industrial. He Inquired
whether the section could be modified to be more sensitive
to other kinds of commercial uses rather than exempting
all non-residential uses.
Mr. Schulte stated that that was a good point, and It Is
something that could be looked Into by staff.
Commissioner McBane clarified that he was not only
speaking to the size or Intensity of the project, but to
some extent the actual use of the project.
Chairman Schlehuber pointed out that although the non-
residential projects would be exempted under the section,
the applicants would still have to justify the proposed
grading.
Commissioner McBane Inquired of staff whether they would
be willing to Include the additional finding to Section
21.95.070 as proposed earlier by Mr. Ladwlg regarding the
sites that are substantially affected by Findings Nos. 1
and 2. Mr. Howes stated that In the Instance of a site
that Is Immediately adjacent to a prime arterial It would
be justified.
MINUTES
October 15, 1986 PLANNING COMMISSION Page 14
COMMISSIONERS
The Commissioners agreed »lth Commissioner McBane's
suggestion regarding adding the additional finding to
Section 21.95.070 under the modifications.
It was the general consensus of the Commission that
Section 21.95.080 should remain as It presently reads.
In reference to Chairman Schlehuber's suggestion to
Incorporate a certain drawing as an exhibit to the
ordinance relative to projects which are one step down of
a slope, Mr. Howes Indicated that It could be done.
Chairman Schlehuber referred to his earlier suggestion
regarding Including the following language In the
ordinance "the developer can justify some exemptions under
21.95.070 hereinafter stated". It could be Included
towards the front of the ordinance. The Commissioners
concurred with this. Mr. Howes Indicated that staff could
do this.
On a suggestion by Commissioner HcBane to change the words
"acceptable" and "unacceptable" In the ordinance to
"desirable" and "undesirable", Mr. Howes stated that that
change would make It harder for staff to Implement the
ordinance as to the mass grading amounts. It was the
general consensus of the Commissioners to go along with
staff on this matter.
Chairman Schlehuber pointed out that when the Commission
gets a document like this (hillside ordinance) that It beconsidered as an EIR where written comments are solicited
from the people who are Involved. Staff Indicated this
could be done.
Chairman Schlehuber recommended that staff solicit written
comments on this from the developers for the Commission's
review prior to approval of the regulations.
mded approval of theThe Planning Commission reci
Negative Declaration.
The Planning Commission sent Resolution No. 2570 - ZCA-194
back to staff for additional language to meet some of the
suggestions which were discussed today and that It be
brought back to the Commission for review, along with any
comments submitted by Mr. Don Woodward, La Costa Ranch
Company, Rick Engineering, and HPI, Inc. That they be
allow a 10-day response time.
ADDED ITEMS AND REPORTS
Planning Commission
A Resolution of Appreciation was unanimously approved by
the Planning Commission and read by Commissioner Schramm,
on behalf of the Commission and staff, which was given to
Elizabeth Caraballo, Minutes Clerk, for her time and
effort In serving the Planning Commission.
Schlehuber
Hall
Marcus
McBane
Holmes
Schramm
Schlehuber
Hall
Marcus
McBane
Holmes
Schramm
MINUTES
October 15, 1986 PLANNING COMMISSION Page 15
COMMISSIONERS
Chairman Schlehuber referred to an Item which was
considered at the October 1st meeting regarding the
Planning Commission Procedures. He stated that he wanted
to amend the Procedures, Rule 29(d) that the general
public be only Included where any member of the Commission
feels that the Individual will be directly Impacted by the
proposed condition.
The Planning Commission approved the amendment to Rule
29(d), Planning Commission Procedures as described above.
Commissioner McBane referred to the Commission's concern
regarding the driveway width of commercial projects. He
recommended that staff look Into this problem to see what
other cities are doing. In particular, when there Is only
one parking lot served by one fairly narrow driveway.
Staff Indicated that they could look Into this.
Commissioner Hall Inquired whether the Planning Commission
will have a City Attorney present at the Planning
Commission meetings. Mr. Holzmlller stated he would look
Into this. There Is a new person coming on board soon,
and Mr. Hoizmiller stated that he believed that there
would be someone at the next meeting.
MINUTES
The Planning Commission approved the minutes of September
17, 1986 as presented.
ADJOURNMENT
By proper motion, the meeting of October 15, 1986 was
adjourned at 3:55 p.m.
Respectfully submitted,
MICHAEL HOUMILLER
Planning Director
Elizabeth Caraballo
Minutes Clerk
MEETINGS ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES
ARE APPROVED.
Schlehuber
Hall
Marcus
McBane
Holmes
Schramm
Schlehuber
Hall
Marcus
McBane
Holmes
Schramm