HomeMy WebLinkAbout1971-03-23; Planning Commission; Minutes'. I c
CITY OF CARLSBAD
MEETING OF: PLANNING COMMISSION
TIME OF MEETING: 7:30 P.M.
PLACE OF MEETING: CITY COUNCIL CHAMBERS
. DATE OF MEETING: MARCH 23, 1971
ROLL CALL:
.Pr
'City staff present: L. A. Moe, E. J. Olinghouse, R.A.
Johnston, J. E. Spano, J. B. Arno'ld.
APPROVAL OF MINUTES:
Minutes of the regular meeting of 3/09/71 were approve Mo
as submitted, by unanimous voice vote.
WRITTEN COMMUNICATIONS: None.
I " I AY
ORAL COMMUNICATIONS: - None I
PUBLIC HEARINGS:
(a) CHANGE OF ZONE 6i SPECIFIC PLAN(with reduction in sideyard setback for parking facility) - to consider 33-
unit Apartment Complex; Applicant: CHIP Development
Corporation, located at the Southerly terminus of Marins
Drive .
Mr. Johnston referred to staff report of 3/18/71,ii
well as wall exhibits identifying landmarks in the
general area, adjacent ownerships and zoning, and the
proposed specific plan's tandem parking for the apart-
ment complex, a one-story structure and three-story
structure(apartment units), re.creation facilities, and
other features planned in the development. General,
background information re this C-2 change to R-W zolle
was covered in the report; staff recommendation to ap-
prove same, reasons for .recommended approval and the
normal conditions of approval were all read'in full:
The applicant's representative was present; MR. D.
DANIEL, A.I.A., of Tariq M. Shamma Associates, Anahein
They had received the staff report and were agreeable
with it, except for two(2) items which Mr. Daniel wish
to discuss at this time. (1) Item 3 of Conditions re
plans being reviewed and approved by the Planning Depa
ment prior to submittal for building permits.: Mr. Dani felt an architect licensed by the State of California
was the best judge of design elevations and this work
should not be necessary to prior approval by.any City'
planning depactment, which.necessitated an extra trip for him as well. (2) Item 5 of Conditions re requiring
the applicant to-obtain the approval of the Eastearly
property owner as to the reduction in sideyard setback
from 4 to 0 feet. Mr. Olinghouse commented this was na
a "standard" requirement, nor one contained in the ord
nance, but where the plans of one owner might conflict
with future planning of adjacent property owners, it
was c.ertainly desirable, in that it was the desire of
the department to foresee such possible conflicts and
to attempt to integrate development of two properties
two different zonings as in this case. The point was made by Mr. Daniels that the present C-2 zone allowed
for a 0-ft. sideyard, but it was pointed out to him th
the application under review would change that to R-W
zone where such ,was not the case. Mr. .Johnston also
clarified that a 45-ft..height limit was allowed in R.-
zone, which is unusual in the City and was incorporate
in this development plan. There was considerable dis-
cussion given both these items, following the closing
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COMMISSIONERS CITY OF CARLSBAD
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public hearing.
MR. LOUIS CHASE, BeeCee Company, stated he did not
wish to speak in favor or in opposition of this item,
but d'id wish to comment on the requirement of arch.itec
control by the City, as raised by Mr. Daniel. He felt
the licensed, professional person was responsible for
design controls and &e could not understand why such
was not acceptable in this City. There was no one els
to speak and public hearing closed at 7:55 P.M.
There was general agreement that the change from
C-2, as obtained under a former owner some years ago,
to R-W was very desirable at this location. Also, that a large development at this intersection might well
initiate additional development on the Lagoon. Mr.
Olinghouse asked Mr. Danief what.his objection would be if the City had an Architectural Review Board to-ap-
prove his elevations, to which- Mr. Daniel replied that
if such were the case and known before hand, they woul plan accord'ingly to comply. He did not feel it fair t
require such prior approval of this zone change when
adjacent owners (P-C zone. property) had not been requi
to obtain the same. Mr. Olinghouse said the review of
the overall planning concepts to be inte.grated in this
development, by the Planning Department, was a very
necessary requirement and he continued to elaborafe on
these views. Also, that it has been the policy of the
department and the Commission.to require such review
with specific plans and as set forth in several zones
w-ithin the Code.
There appeared general concurrence with the reques
for prior department approval of architectu$-a1 elevati
but there was opposition to the potential pioblems in
requiring the applicant to seek written approval of hi planned setback reduction. It was decided to omit this
condition of approval (Section IV-Conditions, Item 5.)
and that 'the department establish some other means of
notifying immediately-adjacent owners where some futur
problem or property right was anticipated.
Additional questions of the applicant regarding
specifics of this development were'satisfied by Mr.'
Daniel. In further discussion of the sideyard reduc-
tion question, such reduction .would normally require a
variance and it was not felt it would qualify for such
variance, as the,property could be planned -in suc+h'way
to avoid a.0-ft. setback. Mr. Johnston clarified this
problem area in stating the property to the East was
zoned Planned Community, which is a density zone and a
such does not have sideyards spelled out and such p-C-
developments are subject to overall review. There was
no more discussion deemed necessary, and the motions
were duly introduced to recommend a change of zone fro.
C-2 to R-W Zone and approval of a specific plan for th
development; for the reasons itemi'zed below and subjec
to conditions of approval in Staff Report of 3/18/71,
with the exception that Section IV, Item #5 is deleted
PLANNING COMMISSION RESOLUTION N0.696 - A Resolution'
recommending to City Council Change of Zone from C-2 to R-W(Residentia1-Waterway) Zone, on property located
on the Southerly terminus of Marina Drive, and further
reading waived: ,Reasons: (1) The proposed rezoning and
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Motion
' Ayes
Motion
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CITY OF
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CARiLSBAD
(1) Continued
specific plan provide assurances of land use compatible with adjacent properties. (2) The proposed uses are in
conformance with The General Plan. (3) The rezoning frc
C-2 to R-W as requested, is in the best interesbsof the
general neighborhood and the City.
Conditions of Approval are as given in Section IV of
Staff Report of 3/18/71, except that Item #5 is hereby
deleted.
PLANNING COMMISSION RESOLUTION N0.702 - A Resolution
recommending adoption of a Specific Plan for a 33-Unit
Apartment Complex and Reduction in required Sideyard
Setback for covered parking facility, on property locat
at the Southerly terminus of Marina Drive, and further
reading waived: Reasons: {as shown above) and Conditio1
6s shown above.)
(b) CONDITIONAL USE PERMIT - TO consider Construction
and Use of 30 x .90 ft. Metal Packing & Storage Shed;
Applicant: Thomas L. Lopez, located at 426 Chestnut Ave
between railroad and Tyler Street.
Mr. Olinghouse introduced the staff report of 3/18/
commenting first on earlier activity within the depart-
ment to assist property owners in the same general area
in their desires to rezone “M“ property to RD-M. He add
two petitions, one for the block in which this applica-
tion is involved, and one farther South towards Oak Ave had been circulated last Fall, but no response had come
back until the day before this hearing date. At the Sam
time, Mr. B. G. Alvarado(who had circulated the petitio for RD-M rezoning) had written a formal protest to the
packing shed application, stating it would not help the
existing situation in that.area and also, that those
signing the petition for rezoning were opposed to its
being allowed. Mr. Olinghouse commented that had this
evidence of continued residential use been available
earlier, the staff report might well have been handled
differently. Copies of subject petition and Mr. Alvara
protest of a packing shed use had been handed out to th
Commission at this meeting and this was questioned and
discussed by them in lieu of opening the public hearing
It was then decided this present hearing item shoul
be continued for two(2) weeks, until April 13, 1971 mee
to allow the Planning Department time to further invest
gate the desires of property owners in the vicinity of
this proposed use. It was also commented that inasmuch
as any new residential zoning in the area would not be
evident for some years,. the recommendation by staff tha
only a 4-year permit be allowed might yet be considered
A motion was made to continue as stated above, to allow
for a more complete analysis of what is desired by what
percentage of the property owners in the area.
public hearing date for 4/13/71 to amend Article 14 of
the zoning ordinance re addition of “Private Campsites.
Mr. Olinghouse stated no staff report would be avai
able until the public hearing date. Inasmuch as this
item was quite thoroughly discussed at the prior meetin
only brief comment was made as to its purpose at this
time and the motion was duly made to set public hearing
COMMISSIONERS
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CITY OF CARLSBAD COMMISSIONER
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for 4/13/71 as recommended in the Resolution of Intenti
Motion from the Planning Department.
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(b) Memorandum City Manager to Commission, 3/19/71, re
Review of Proposed Parks 6i Open Space Bond Issue; approral
required as to conformance with The General Plan.
Ayes xxxxx
Mr. Arnold was present to brief the Commission on
the thinking behind and planning to date for a bond issle
proposed to go to the voters this Fall, establishing a
parks and open space program for this City. A bound report had been mailed, presenting this program for parc
acquisition, changes to existing park sites, the number
of sites on hand, those locations for new sites, and th?
open space corridor to be integrated into this program.
The Commission had been asked to review this "Preliminary
Proposal" and make comments for its improvement or ad-
ditions thereto. Mr. Arnold also explained this had bee?
reviewed in a like manner by the Parks & Recreation Com-
mission and approyed and the same would be presented to
the School Board at a meeting Monday next, at the high
school, 7:30 P.M., by the City. He desired these three
(3) groups to review and understand this City plan, pri>r
to City Council presentation.
Mr. Arnold referred to a large wall map, depicting
by colored areas the items referred to in the report
and presenting the City's complete park & open space
planning under this $1 million dollar bond issue. The
report, and Mr. Arnold, also explained how these funds
would be allocated and what funds were available througl
federal grants for such programs. Following his compleke
explanation of all features of this issue, Commission
comment for the report's final draft was requested. It
was suggested that additional information be given as
to what facilities can be provided in the neighborhood
parks, to be located generally near the school sites.
Mr. Arnold stated that it was the idea to seek ideas
from those who will be using the parks as to what they desire in the way of recreational facilities, in that
this could well differ from one location to another.
It was therefore suggested this point be indicated in
the report by way of explanation of that planning. It
was suggested that whatever planning involving Lake
Calavera should be included in such report, in that the
public had reacted some time ago when the City had con- sidered selling this property and many would want to
know if this has changed and to what extent the City in-
tends to utilize this natural site. Mr. Arnold agreed
this should be included in the text, as he personally
considered the Lake a prime asset to the City in this
program.
There was comment that this was a very appropriate
time for such a proposal in view of public concern with
the environment and preserving lands for recreational
uses. He felt this might well be the necessary incenti
for approval of such a program in this City. He noted re
recreation planning and this proposal can be related to The General Plan was quite conscious of open space and
in the City would be very instrumental in gaining supp>rt
ceived to date in this behalf, and added the young peop.!e
that as well. Mr. Arnold commented on the support re-
He also asked that this discussion in the minutes be
from the voters and making the public aware of this neell.
forwarded to the Chairman of Parks & Recreation Commiss.Ion,
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C ITY OF CARLSBAD
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as soon as it is available. The motion was made to ap-
prove this Preliminary Report in context and prior to
submittal to the Council for their review and discussia
OLD BUSINESS:
(a) Minor Use Ordinance Review - Memorandum CIC to Com-
mission. 3/19/71.
Mr. Olinghouse discussed the memorandum/report re-
ceived from CIC as a result of committee review in that
group and as submitted by the department in February.
CIC states they concur with the tentative draft of this
proposed ordinance, but that enforcement should be ap-
plied on a complaint basis only. It was decided to
wait until the next meeting (4/13/71) to discuss what
action is advisable on this draft now, and the depart-
ment should forward copies of this draft to the Commiss
as some time has lapsed since they last saw it.
(b) Soto Variance Appeal - Memorandum/report, City Mana
to Commission, 3/19/71
The secretary read subject memorandum re the Counci
approval of this Variance appeal, formerly denied by
the Commission in February. The appellant shall deposit
$1,400 with the City and such sum is to be used by the
City for proposed Parking Authority or such other gener
parking purposes in downtown Carlsbad as may be deter-
mined.
The City Attorney commented on the appeal hearing
before the Council, at which time he stated his comment
to the Commission regarding Variance applications and
what solution might be available to the application,had
been reiterated to the Council.
(Commissioner Jose thanked Mr. Moe for his very
helpful and informative report on the question of the
Commission's right to request continuance in Variance
and Conditional Use Permit hearings, without approval
of the applicant,should this become necessary.)
(c) 'Continued' Items Attachment: Mr. Olinghouse stated
a11 items remain as shown on the list, except as follow
70.8 Historic Corridor: Mr. Olinghouse commented he
now has an employee working with a like member of the
3ceanside Planning staff and he will report as this de-
velops.
70.11 Problem Area Zoning Study: Mr. Olinghouse will
report on the results 0.f the apparent new activity in
this area, for RD-M Zoning, and as discussed earlier
this eveninu.
70.20 6i Revised General Plan/Architectural Controls/
70.23 Review Board: Mr. Olinghouse asked that
these be taken up, together with other items previously
discussed, as they are quite related. He wished to dis-
zuss these in an "informal" workshop meeting and adate
vas presented for the 5th Tuesday, March 30 at 7:30 PM
in the City Hall Conference Room. After polling to see
vho could attend at this time, it was determined a
Tuorum would be available and this meeting would be ad-
journed to that date and time.
Mr. Arnold asked the Commission be briefed on the
status of 71-72 fiscal year application for 701 funds,
COMMISSIONERS
Motion
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C I TY OF
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CARLSBAD
re conservation and open space, which is very significa
Ln line with the Parks' bond issue. Mr. Olinghouse sta
she preliminary application forwarded to Sacramento was
For $40,000 grant-in-aid, or 2/3's of a total, overall
;60,000 program. He added further information re State
Funding for such programs, where it has been applied in
:he past, our request for planning assistance for the
treas of conservation and open space. He stated the
iacramento agency has indicated this may pose a problem
In whether we are funded or not. Also, that Carlsbad
ras one of 24 .cities from some 95 applying last year an
:his year, our request is one of very few to get in und
:he 701 Program.
Mr. Arnold briefed his correspondence and concern
rith San Diego's CPO in their lack of planning for the
lorth County area, which he felt was a lack of communic
:ions between this agency of the County and the cities.
'his agency apparently has presented regional park and
:ounty park proposals, as well as other planning projec
rithout including the North County area in same. Mr.
Lrnold stated he was waiting for reply to his corres-
>ondence to CPO.
!OMMITTEE REPORTS: None.
[DJOURNMENT: The meeting was adjourned at 9:54P.M., by proper motion and voice vote approval, to ~~~~d~~, 3/30
t 7:30 P.M., in City Hall Conference Room.
!espectfully submitted,
er, Secretary
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S. SIONERS