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HomeMy WebLinkAbout1973-04-24; Planning Commission; MinutesCITY OF CARLSBAD MEETING OF: DATE: TIME: PLACE: PLANNING COMMISSION APRIL 24, 1973 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: Robert T. Little, Chairman Pro-Tem. City Staff members present: D..A.Agatep, V. Biondo, H. Clark, T.C. Flanagan, .G. Anear'and M.C. Zander. APPROVAL OF MINUTES: The minutes of the regular meeting of April 10, 1973, were approved as submitted. WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None PUBLIC HEARINGS: (a) Continued - EIS NO 109, ZC N0.108, MP N0.107 and CUP NO. 76B - Request filed by Andrew McReynold for approval of Change of Zone from R-1-10 to P-I (Planned Community) Zone and Adoption of a Mastel Plan on 79.4 acres of land; and approval of a COI ditional Use Permit for a 186 space'mobile home park, on property generally located south of Pall mar'Airport Road and east of Lowder Lane. ------"-""""""""""""""""~"""""~, The Final Environmental Impact Report was presented b: Mr. Zander and Mr. Agatep. It was reviewed in detail and set out those impacts considered most important b: all reviewing agencies and by Staff. The recommendat, of Staff was that the Final EIR be accepted as a com- plete and accurate report. The C.U.P. was considered at this time and the Staff report was presented by Mr. Zander. Staff's recornmen, dation was for denial fop the reasons - location in- adequate in size to accommodate use proposed without major alteration to existing land forms, proposed use not necessary or desirable for community development, and could be detrimental to adjoining property as it not consistent with existing uses. Mr. Zander then presented the Staff report on the re- quests for Zone Change and Adoption of a Raster Plan. Staff's recommendation was for approval subject to conditions requiring submittal of a revised Master P1 that Specific Plan not be submitted until the General Plan for City had been completed and that applicant should comply with P-C Ordinance requirements. Dr. Andrew McReynolds, La Jolla, California, the appl cant, spoke to the Commission re: some of the problem associated with the proposed development,combining a1 applications for consideration by the Commission and requesting their approval. There was no one present to speak for, or against, th project and the public hearing was closed at 8:30 P.M After a short discussion, a motion was made for the acceptance of the Final EIR and the motion carried. COMMISSIONERS 'RESENT IOTION \YES I MOTION AYES NOES CITY OF CARLSBAD COMMISSIONERS (2) A brief discussion preceded the motion to adopt Reso- lution (by title only) approving request for Zone NOES Phase 2 and 3. The motion carried. xx xx AYES Change, per conditions set out by Staff with regard to X MOTION A motion was then made for the approval of Master Plan MOTION conditions 1 - 3, and the motion carried. NOES xx xx for the reasons stated in Staff report and subject to AYES X The commission, at this time, discussed the applicatio for C.U.P. which was being submitted for the third MOTION X time. The motion made for denial of the request re- AYES xx sulted in a tie vote. The motion then made to con- NOES IX tinue the C.U.P. to the meeting of May 8, 1973, for ti' - the consideration of kh9 entfrcTlCommission carried. MOTION ' X AYES NOES rx xx At this. time there was a request from the audience for the Chairman to check and.see if all of those items on the agenda scheduled for Public Hearing and requirinq a full 4-vote for aproval desired to be heard at this meeting since three of the Commissioners were absent. The request was honored and the result was that all those present wished to be heard. The Commission also notified the audience of their desire that no Public Hearings begin after 12:OO o'clock, midnight, and that any remaining unheard at that time would be set forwar to a special meeting. (b) Continued - ZONE CHANGE NO. 102 and.EIS NO. 114 - Request filed by Rancho La Costa for pre-annexa- tional Zone Change from County A-l(8) and E-l(A) to R-1(7,500), RD-M, P-C and C-1 on 1106 acres generally located north of Ratiquitos Lagoon,west of El Camino Real. ........................... Mr. Agatep gave the Staff report recommending the ac- ceptance of the Final EIR on the property under annexa-, tion. Staff's analysis of the request for Change of Zone was also presented by Mr. Agatep, setting forth their reasons for denial of the changes as requested it the application and offering alternatives including - allowing the RD-M zone as proposed on Parcels 5,6 & 7, allowing the R-1-7500 zone as prppebdd on Parcel 1, with the balance of the property to be placed in P-C Zone. Donald Dawson, South Bay Engineering, representing the Rancho La Costa partnership addressed the Commission giving some historical data regarding the annexation, and the projected development plans. His presentation concluded with the request for acceptance of the EIR and approval of the Change of Zone. Mr. Jack Sprig, Rue, De Roark Ln, La Jolla, questioned the Commission regarding access to the entire parcel including several sHall parcels which would be land- locked. It was explained that circulation problems would be considered at a later date when plans for de- velopment were presented. Mr. Perry Lamb, 5171 Shore Drive, Carlsbad, requested ,. b. .. CITY OF CARLSBAD ~~~~~~ ~ ~~ ~~~~ ~ ~ ~ the Commission approve the recommendations of Staff. There was no one else present to speak in favor of, or in opposition to the proposed changes and the Public Hearing was closed at 9:40 P.M.. In the ensueing discussion, it was mentioned that this could be considered premature planning since the Gener Plan was in a state of revision, and that approval of the zone changes should be based on the annexed area being placed.in a holding zone, that there was no ob- jection to the concept, only the.time element involved Motion was then made to accept the Final EIR and the motion carried. There was a question from Mr. Dawson before motion was wade on the Change of Zone re: the necessity of action by the City before LAFCO approval of annexation. Mr. Agatep explained that contact with Mr. Skip Schmidt affirmed that no land use program was necessary before the dec.ision for approval.could be made, but that the only requirement was that a revised definition of the boundaries of the annexation be submitte'd to LAFCO and that if the area was annexed without zoning, it would come into the City as L-C or Limited Control Zoning. Motton was made at this time to deny the Change of Zon as submitted by the applicant and the motion carried. Chairman Little called for a recess at 9:50 P.M. - All those Commissioners present at the time of recess were again present when the meeting reconvened. 5(~) ENVIRONMENTAL IMPACT STATEMENT NO. 35 -LA COSTA VALE UNITS 2-3 -SPECIFIC PLAN NO. SP-38 (La Costa Vale Units 2-3) - Planning Department Analysis ........................... The Staff analysis of the Final EIR submitted by the applicant was presented' by Mr. Zander. This report identified possible environmental impacts of the pro- posed development and offered mitigating measures and alternatives. Staff recommended acceptance of the EIR Mr. Zander also presented the Staff report on the Fe- quest for approval of a Specific Plan for the project. The recommendation was fDr approval with modifications to the Conditions of Approval - Nos. 8, 14 and 16. The Tentat.ive Map was discussed in conjunction with the Specific Plan report with recommendation for ap- .proVal under the same Conditions. Mr. W. Rick, of Rick Engineering, 509 Elm Avenue, Carl bad, the applicant's representative, spoke to the Com- mission with particular attention being given to the intention of the developer of the pr.oposed project/-to held the San Marcos Creek Canyon area in a state of non-development. He also advised that it was their in- tent to turn this part of the property over to the Cit when the City had comp&edpd their plans for the area. There was no one present to speak for, or against the proposed project and the Public Hearing was closed at 10:15 P.M. / 1 MOTION AYES NOES MOTION AYES NOES - Cl TY OF CARLSBAD A further modification was made to Condition No. 16 changing the sentence to read -"the Appllcant shall work---etc." Motion was then made for acceptance of the Final EIR and the motion carried. A motion was called for approving the Specific Plan. The motion was made subject to the reasons and condi- tions set forth in the Stdff's report, with modifi- cations and the motion carried. The Tentative Map was then approved by motion made to include the reasons and conditions as modified and the motion carried. (d) ENVIROflMENTAL IMPACT STATEMENT NO. 136 -0CCIDENTP PETROLEUM - Planning Department Analysis 7(b) TENTATIVE TRACT CASE NO. 71-2 - Request filed by OCCIDENTAL PETROLEUM'LAND & 'DEVELOPMENT CO. for approval of a six-lot subdivision to allow develc ment of a planned community mobile home park,free way facility, service station, commercial cluster and community shopping center, on 163 acres locat on tbe west side of San Ddego FPeeway, north and south of Poinsettia Lane. Request is for renewal of expired Tentative Map (9/21/71) ........................... The Staff analysis @€=_the Final EIR was presented by Mr. Agatep. Staff recommended acceptance of the repor for the reasons that it was adequate and'satisfied the City Environmental Protection requirements. He explai that the report encompassed the entire 368 acre projec and that additional information will be required as ea separate phase of the project is submitte.d to the CitJ The Staff report on the request for approval of Tentat Map was given by Mr. Agatep, The report outlined thei reasons and conditions for approval. The Commission agreed upon the addition of Condition No. 6 re: pro- vision for overcrossing. Mr. Kenneth Wassrnan, Occid,ental Petroleum. Corp., ad- vised the Commission of their agreement wlth the con- ditions for approval and, requested approval for the project. There was no one present to speak for, or qgainst the application and the Public Hearing was closed at 10:30 P.M. After a brief discussion, a motion was made to accept- the Final EIR and the motion carried. Motion was then made to approve the Tentative Map as conditioned in the Staff report, and with the additior of No. 6, and the motion carried. COMMISSIONERS MOTION AYES NOES MOTION AYES NOES MOTION AYES NOES - d ed h we MOTION AYES NOES MOTION AYES ' fl .' "- r CITY OF CARLSBAD 'p (e) EIS NO. 104, ZC NO. 107 and Sg NO. 106 - Request filed by MID-CONTINENT PROPERTEES for Change of Zone from R-a to R-3 and Adoption of a Specific Plan on property located northerly of Ocean Stree and southerly of the Carlsbad-Oceanside City Limi The-Secretaryjreported correspondence on file re:this application from Joseph F. Bosio, 3223 George Cir?.,' Pasadena 91107. Correspondence was also reported from the audience by Mr. Robert Kolb and Mr. Albert Stein of Carlsbad.' The Staff report was presented by Mr. Zander. It incl the analysis of the EIS submitted by the applicant and outlined their reasons for recommendation of denial on the application for Change of Zone and the adoption of a Specific Plan,.based on their findings that the de- velopment of this proerty could have adverse impacts 0 the area (i.e. circulation, sewer system) and that the Commission was'requested to place a moritorium on any development in this area until these problems could be resolved. Secretary D. Agatep advised the Commission that there had been many letters received re; this application and they were on file. (application orginally received in September, 1972) T. Flanagan, Engineering Dept., was called on by the Commission to explain the im pact this development would have on .the existing sewer lines. They were ad- vised that the sewer was peesently working at peak capacity or over-capacity. Mr. Alex McDonald, U.S. Natl, Bank Bldg., San Diego, t applicants representative, addressed the Commission on behalf of the applicants. He presented a lengthy re- view on the application and requested that the Com- mission approve the project, as it was the opinion of the applicants that some of the facgs had not been re- presented correctly. The Chairman inquired. if there was anyone in the audi- ence to speak in favor of the application. There was not and he inquired the same of those.in oppositic Mr. Tom Wood, Attorney, 4130 Janis Way, representing the Granville Park Homeowners Assn., owners of in excc of 16 parcels of' the surrounding area, requested that the application be denied. Mr. David Thompson, Attorney, Oceans.ide, was present representing the St. Malo Homeowners Assn., and he-. asked@.! that the Commission honor their request for denial of the application even though their residences were located across the Lagoon in the Oceanside City Limits. Letters and petitions in opposition to the developmenl were presented to the Commission and received by the Secretary to the Commission. The following persons also appeared before the Com- mission in opposition to the approval of the applicati 1. Mr. Robert Kolb, 2480 Ocean Street, Carlsbad 2. Mr. Melvin Riddle, 222 Pacific St., Carlsbad 3. Mr. Phillip Stanbro, 2968 Garfield, Carlsbad COMMISSIONERS S. 3ed 1 S n: e" ,. .- CITY OF CARLSBAD ~~~~~~~ ~~ 4. Mrs. Lucille Stein, 2469 Ocean St., Carlsbad 5. Mr. Albert E. Stein, 2469 Ocean St.., Carlsbad They voiced their disapproval of the proposed develop- ~ slant and requested denial by.the Commission. ~ The Public Hearing was then closed at 11:55 P.M. ~ After a short discussion, Chairman Little recommended that the Commission accept the Final EIR as recom- mended and voiced his oppo-sition to the re-zoning of the property. A motion was made to accept the Final EIR and the moti carried. A motion.<was then made to deny the request for Change of Zone for the reasons set forth by Staff, and the motion carried. A motion for denial of the Specific Plan followed for the reasons set out by Staff and the motion carried. (f) EIS NO. 126 and ZONE CHANGE NO. 105'- Request filed by LA COSTA LAND COMPANY for Pre-Annexation Zone Change from County A-3(8) to City.of Carlsba P-C (Planned Community) on 305 acres of land generally located oorth of Olivehain Road, East o El Camino Real, to be known as EL CAMINO GLENS ........................... The Staff report was made by Mr. Agatep. Their analys of the Final EIR contained their recommendation for acceptance of the EIS as being adequate and meeting the City Environmental Protection Ordinance requiremen The report also set out facts to assure that further development would be compatible with the General Plan and would require further environemntal impact infor- mation. Mr. Wm. Rick, Rick Engineering, 509 Elm?Avenue, Carlsb representative of the applicant, advised that he was present for any questions by the Commission. There was no one present to speak for, or.against, the application and the Public-Hearing was cfpsed at 12:15 P.M. There was a short discussion by the Commission re: the availability of services to the project area. Staff advised that this application was not concerned with services at this time. He also explained that this annexation, as was previsouly mentioned, did not neces tate thet zoning be established prior to LAFCO action, that their decision to allow the annexation could take place and the land would be in a Limited Control Zone. A motion was then made to accept the Final EIR and the motion carried. The motion to approve the Zone Change also carried, for the reasons set out in the Staff report. COMMISSIONERS 7 MOTION AYES NOES MOTION AYES NOES MOTION AYES NOES I S S. d, i- MOTION AYES UOES ' MOTION AYES NOES CITY OF CARLSBAD COMMISSIONERS (9) VARIANCE NO. 227 - Request filed by William B. Randall for aDDroval of a variance to reduce fron yard setback on property generally located on Arena1 Lane, in La Costa Valey Unit No. 3 ........................... Secrezltbry D. Agatep, advised the Commission that a rlestern Union Wire had been received from Arthur J. Erowley, owner of Lot #86, La Costa Valley Unit No. Dbjecting to the request for a variance. 3, Yr. Agatep then presented thh Staff report recommendin lpproval because+,of special circumstances applicable t the property which deprived the ppoperty of certain privileges enjoyed by other properties in the same vicinity. Yr. Irv RostDn, 2075 Playa Road, Carlsbad, representat sf the applicant requested approval of the application There was no one present to speak for, or against, the lpplication and the Public Hearing was closed at 12:40 P.M. 9fter a brief discussion, a motion was mrde to grant the variance and the motion carrded. (h) ENVIRONMENTAL IMPACT STATEMENT -HOSP GROVE (EIS NO. 115) Supplement to Final EIR. Planning Department ........................... Yr. Agatep discussed the supplement to the Final PIR as the Commission had requested additional information regarding this development at a previous hearing. The Commission accepted the information as being adequate! and a motion was made to this effect. The motion carried. UNFINISHED BUSINESS: (b) INTERIM OPEN SPACE PLAN- Planning Department Report """""""""""""""""""""'"""""" 4r. Agatep explained that this report was being sub- nitted bg the commission for their information. NEW BU6INESS: (a) CONDITIONAL USE PERMIT NO. 82 - (Mrs. H. Vickrey) LETTER TO PLANNING COMMISSION FROM DEWHURST & ASSOCIATES DATED MARCH 29, 1973 The request for continuance of this item to the meetin Df May 8, 1973, because the applicant could not attend the current meeting was granted. 4DJOURNMENT: The meeting was adjourned at 12:50 P.M. Respectfully submitted, Liz EsteP, Recording Secretary e MOTION AYES NOES MOT I ON AYES NOES MOTION AYES NOES