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HomeMy WebLinkAbout1973-12-11; Planning Commission; MinutesMEETING OF: CITY OF CARLSBAD PLANNING COMMISSION DATE : DECEMBER 11 , 1973 TIME : 7:30 P.M. PLACE CITY COUNCIL CHAMBERS ROLL CALL: Commissioners Little, Casler, Forman 81 Dominguez were present. Commissioners Jose, Palmateer & Wrench were absent. APPROVAL OF MINUTES : Minutes of the Meetinqs of October 9, 1973 and October 23, 1973 were approved, as presented. Minutes of Meeting of October 30, 1973 and November 13, 1973 were not presented for approval. WRITTEN COMMUN INION City Attorney, Vincent Biondo informed the Planning Commissioners that a memo addressed to them from the Planning Cepartment, on December 6, 1973 , had been presented to re-aff irm the decision by the City Council that School Letters must be received prior to the hearing before the Planning Commission. He stated that there would be no exceptions and no cons.ideration given any project until this requirement had been met. ORAL COMMl.lNICATION None. PUBLIC HEARINGS: Before the Public Hearings commenced, Chairman Dominguez advised the applicants present that as there were only four Commissioners present, if their requests were heard, they would have to take the chahce of receiving a full 4 vote, or risk a denial. A1 1 the applicants present agreed to be heard at this meeting. ............................... 5 (a) CONTINUED: Case No. GPA-19 - LAND USE AMENDMENT NO. 8. AB-1301 - Adoption of Resolution to insure compliance with Assembly Bill 1301 amending the General Plan, Land Use Element. Planning Director Donald Agatep gave the report again for this action. He explained the conforming and non-conforming uses for the Ponto Area. He advised that the Planning Comission cou' either amend the General Plan to allow the present zoning or amend the zoning to reflect -the present land uses. Mrs. Casler asked that the amortization period be explained again, and all were advised that mistakenly it had been announce( that the'amortization period would be 5-15 years, when actually it wi 11 be 25-30 years. The City Attorney advised that the period for amortization for non-conforming uses in the R zone would be 40 years, depending on the type of building. Planning Director stated that it was the belief of the Land Use Committee -and Staff that anything that happens along the coast should be residential land use. Area #2 -. Ponto Area: Mr. John Anderson, 654 North 101, Leudadia, inquired if the zonir was to be left as-it is, if ndt,-would this matter: come up agai'n a later date. Planning- Director advised that this would happen only if a particular property owner came before the Commission to try to reclassify property other than what it.is now. Mr. Anderson then replied that it was his recoinmendation that the General Plan be amended to meet the requirements of the present zoning. \ f t MEETING OF : December 11, 1973 - 2- Mr. Terry Gray, 2726 Chatsworth, San Diego,Manager of Property in Ponto, stated that he doubted very much if residentiai proper. would bring more money than a business on the front street of Ponto. He requested that the General Plan be amended to reflect the present zoning. Eugene Chappee - owner of wrecking yard on Ponto addressed the commission and stated as he had previously, he was opposed to any change in tfie zonlng as he, as well as all tfie other propert: owners in the area, had a large investment and did not feel they should have to move thejr busipesses.. He recommended that the Comn1ss1on keep the zoning as 1t is and chanae the General Plan. Mr. Fred Switgall, 7272 Ponto, told' the Comnissioners that if they change the zoning in the area, the ecology people may not think kindly of someone who would try to build a residence in that area. He stated he is the only person in the whole area that is not being bothered by zoning, but is concerned about the zoning and Proposition 20 for the area. He stated he feels that it is. the zoning that pays the taxes. Speaking for Area #3, Mr. Jim McGuire of Sunnyhill, stated he felt the original zoning on Chestnut of R-1 was appropriate at the time but now feels i't should be rezoned between Eureka Place and Adams, on Chestnut, to R-P or R-3, and would recomnend that the Comission change the zoning accordingly. No one wished to speak regarding Area 4 or 5. The public hearing was clesed and further discussion ensued by the Commissioners. Commissioner Little stated he was not happy. with the recommendati for Land Area #2 to stay industrial. He stated he feels in the future this would be a primary area for commercial development ar not industrial. He would like to see only light industrial per- mitted in the area. Chairman Dominguez advised the Commissioners they would acce.pt a Minute Motion on each area of discussion. Area #1 - Motion was made to~.lmend- the General Plan to reflect a change from low density to Planned Industrial in that area. ?he- City Attorney advised regarding Area #2 that only Bhe"roning change had been advertised, and that the amendment to the General Plan for.: this area had not been done. He stated when the motion was made,. that it be stated that a Resolution of Intention be adopted to hold a public hearing on the Amendment to the General Plan for the- zoning of the Area #2, with the hearing to be the same date as the first meeting in January for the Commission. Area #2 - Motion was made to continue this matter to the first meeting in January, -1974, (January 8., 1974.). to. further discuss this item,. and further, to adupt a Resolution of .Intention to announce a public hearing for January 8, 1974 regarding amending the general plan to -permit the- present zoning for Area #2. i MOTION: Ayes : MOT I ON : Ayes : MEETING OF: December 11, 1973 'C .2 -3- I MOTION: Ayes : Area #3 - Motion was made that the General Plan be amended to ;III~W densitv of R-3 on Pi0 Pic0 and RD-M-10,000 on lots on I I ,-.. Eureka Place and lots fronting on Eureka and Adams, Flwtng that the recomnendatlons of staff be accepted. Area No. 4 - Motion was made to accept the Staff recommendation of changing the existing General Plan Land Use recommendation from existing highway related commercial uses to low-industrial uses MOTION : Ayes : MOTION: Ayes : Area No. '5 - Motion was made that this area be zoned P-M (Planned Industrial) with a Specific Plan on the entire area to encourage a less intense use. Motion was made to place areas 1,3,4,& 5, in compliance with the requirements of AB-1301, excepting Area #2 (Ponto Area) which has been continued for further public hearing to the meeting of January 8, 1974. """""""""""""""""""""""""""""""- At this point in the meeting a recess was called. Recess started 9:00 P.M., returned 9:15 P.M. 5(b) Open Space and Conservation Element and Open Space Zoning Ordinances (CASE NO, GPA-20) As this matter would require alot of discussion it was decided it would be held over to the end of the meeting. There was no one in the audience who objecte so it was placed at the end. of the agenda. ............................... """""""_"""-"""""""""""""""- (c)CASE NO. GPA-21 - PUBLIC FACILITIES - Adoption of a Resolution amending the General Plan by adding a Public Facilities section to Implementation of the Plan. - Planning Director Donald Agatep gave the staff report for this matter explaining City Council Policy #l7 which requires that any applicant for zoning, re- zoning, development or redevelopment, present satis- factory evidence to the City Council that all the re- quired Public Facilities, including schools, will be provided concurrent with need. Planning Director also stressed the need for this policy or future policies in this regard should be added to our existin General Plan- and should be placed in the .implementatio section. speak. Public Hearing was closed, and there -6' a brief discussion among the Commlssioners. Cornmissio Public Hearing was opened and no one wished to MOTION: - Ayes : 3r I Little questioned page 2 regarding building permits, '1' grading permits, and stated he would like to see this I section placed in Council Policy #17.. The Plannin . Director advised that this would not be necessary as w . Little also stated he would like for Staff to report td . the City Council that it was the-wish of the Planning 2 Conm~ssioners to have the use of this pollcy expanded :. i in the future. f i i were well covered in the policy statement. Commissionqr 3 I i f i i ! I 1 6 P ! :'" ", u.- .. .". " I I -" f z f A Motion was made that the Planning Commission re- $ commend to the City Council, approval of an amendment Ayes! 1 to the textual portion of the General Plan by adding i 1 a section which will require adequate public facilities, i i : F'l i including schools. I I i """"""""""""" (d) CASE NO. V-234 - STANLEY PRAVER- Request for consideration of a Variance to increase the maximum permitted encroachment into a requirsd yard from 2 ft, to 6.5 ft., on property generally located northerly of and adjacent to Navarra Drive, st the westerly aost extension of Navarra Drive. I -i Associate Planner Williams gave the staff repor explaining the applicant's need for the variance to permit encroachment into the side yard of a second story deck area, due to an error in building construc The public hearing was opened and Mr. Edward Roberts of Toops Engineerlng Co., San Diego, represen the applicant, stated they felt Staff had made a very adequate presentation of their request and they did concur with the conditions as presented. He also sta he had a letter from the La Costa Land Company approv what they were proposing to do and recoqmending that Variance be granted by the City. Speaking in opposition, Mr. Na.than Simon, 23 Greenview Drive, Carlsbad addressed the Commission and stated that in that area 75% of the value of the lots are their view of the golfcourse. He stated if this variance were granted for the adjacent property, then he would have to apply for a va,riance also. He stated he had not been contacted when an 8 ft. wass was erec and as an adjacent property owner, he felt he should have been advised. He stated if the Variance is gran he felt he would loose about 1000 ft. of view, Mr. Roberts spoke again stating that they are only asking for a variance in the sideyard by the bal- conies. Does not feel the entire view is blocked. He also advised that'the 8 ft. block wall had been approv by the city Building Department Public hearing was closed and after discussion by the Commissioners, it was felt rather than receive a NO vote because 3 Cornntssioners were no.t present, it would be best to continue the matter. Motion was made to continue this matter to the meeting of January 8, 1974 to allow a full Coamission f vote. I i .- I I"""""""""""-"" .-I f t " (e) CASE NO. V-233 - ROBERT M. BRYANT - Requ'est for 1 f consideration of a Variance to allow a reduction in : the front yard setback from 6 ft.- to 2 ft. on property : .. I generally located on the west side of Ocean Street be- ;. !i 1 4 ,t .. i .: ?1 ii { 't 'i I tween Cedar Ave. and Beech Ave. i I. ? i ! Assocoate Planner Williams gave the staff re- . *I !, i: i .. j port and staff's recommendation for DENIAL. This was : a request for a Variance to allow the applicant to *- t , ; f i $ i i $ .'! .. I iz v' December 11, 1974 MEETING OF3 -5- : ).r to extend an existing garage 4 feet, as he feels it is substandard in length. The Public Hearing was opened and the Applicant nor a representative were present to speak. -No one else in the audience wished to speak for or against this request so the public hearing was closed. MOTION 1 Ayes : There was no further discussion from the Commission a.nd the following motion was 'mader Motion was made that the Planning Commisslon adopt a Resolution DENYING this request for the reasons stated in the staff report. (f) CASE NO. MP-149 - LA COSTA REVI.SED MASTER PLAN - Request tha.t the Planning Commission recommend to the City Council that MP-6 be amended to delete an indicatc school site located westerly of E1 Fuerte Street in an area known as La Costa Estates North. Mr. Williams, Associate Planner gave the staff report and recommendation for approval, and referred to a letter received from the Rich-Mar Union School District advising they would not require the School Site marked "C" on the Master Plan and agreed to its withdrawal. Public Hearing was opened and Mr. Robert Ladwig of Rich Engineering, 509 Elm Avenue, representing the applicant, advised he was in agreement with the staff report and recoQmended approval. MOTION Ayes : No one else wished to speak and the following Motion was made that the Planning Commission motion was offered: recommend to the City Council that City Couhcil Ordinal No. 9322 be amended as recogmended by staff, based on justification contained in the staff report. (g) CONTINUED# CASE NO. GPA-18 - WID USE ELEMENT No. 7 , PALOMAR AIRPORT ,INDUSTRIAL PARK - Request for consideration of amendment to General Plan (Land Us.e Portion) to change the land use designation for proper generally located at the southwest corner of Palomar Airport Road and El Camino Real from Low-density and Medium-density residential to P-M (Planne-d Industrial) t Associate Planner Paul Williams gave the brief staff report with the staff recommending approval of this request. Public Hearing was opened and Robeat Ladwig of Rick Engineering.Co. spoke for the applicant'adalsing they were in concurrence with the report'and recommend approval. No one else wished to speak, and being no further,discussion from the Commission the following motion was offeredr I Motion was made that the Planning.Commissi.on recommend to 'the City Comcil approval of General Plan Amendment No. 18 to designate the property as potenti Planned Industrial. MOTION : Aye s .: L r I MEETING OF December 11, 1973 -6- "" 1 1 .. There was no unfinished business, HEW BUSINESS I 7. (a) CASE NO. CT 73-35 - TAYLOR AND FLINTOM- Reques for consideration of Tentative Map to allow the de- velopment of 6 condominium units on property generally located on the north side of-La Costa Avenue between La Costa Avenue and Romeria St. -. Associate Planner Williams gave the staff report 'for this' request and delivered to the Coamissio the letter of conpliance received from the School Dist for this project. Mr. Ruben Gonzales of 400 West Fifth Ave., San Diego, representing the applicant, advised- the Commissioners that they were in agreement with the staff report and the'conditions therein for this tentative map request, With no further discussion, Conmkssioner Forman made a motion that the Planndng Commlssion adopt a resolution approving Carlsbad Tract 73-35 for the reasons outlined in the staff report and subject to the conditions stated in the staff report with the added condit'ion that a sidewalk be installed on La Costa Avenue satisfactory to City Standards. """""""-"""""" (b) .CASE NO. 73-53 - TAYLOR AND FLINTOM; Request for consideration of Tentative Map to allow the de- velopment of a 7 unit condominium project on property generally located on the north side of La Costa Avenue'between La Costa Avenue and Gibraalter Street. Paul Williams gave the staff report and staff's recommendation for approval. He also advised the school letter had been received on 'this project. Mr. Ruben Gonzales, representing the applicant, advised they were in agreement with the- conditions as outlined in the staff report. With no further di'scussion, a Motion was made that the Planning Commtssion adopt a resolution approving Carlkbad Tract 73-53 for reasons in staff report and subject to the conditions stated therein. """"-._""""-"""" (e) CASE NO. CT 73-51 - PATRICIA K. PALMER- Reques -for consideration of tentative map to allow the de- vel'opment of a 6.unit condominium pfoject located on the east side of Gibralter Street between La Costa-Ave and Jerez Court. Associate Planner Williams gave-.the staff rep0 for this project and presented the school letter. There was .no one. in the audience representing the .appl and no further discus'sion was held by the Commlssion. A motion was made that the Planning Commission adopt a resolution approving the tentative map CT 73-5 for reasons outlined in the staff repbrt and subject to the conditions as modified by staff. L i I t . rt it I 1, j i !rs .ct MOTION : Ayes MOTION : Ayes t MOTION : Ayes: . !ant t i \ WEETING OF t December 11, 1974 -7- .\."I a". Si' 7" - '24~3) .CASE NO. CT 7-3-52 - CHARLES J. KUDERNA - Reque for consideration of Tentative Map to allow the de- velopment -of a one-lot, 22 unit condominium project -on property generally located at the end of Cove Drive in Bristol Cove. , L" MOTION I Ayes I i I t I x Associate Planner Paul William$ gave the staff report for this request. He referred to Conditl #8 which was a requirement of the Coastal Commission, which referres to having 2 public accesses in this development. The applicant had agreed to same. Mr. Harry Truax of E.Brian Smith Engineers, Carlsbad, representing Mr. Kuderna, advised they were in favor of the condi,tions, acknowledging condition #2 was eliminated as the school letter was received and the new condition #2 would be amended to show a 10 ft. wide easement instead of the 15' shown. Motion was made that the Planning CoTnmissic adopt a resolution recommending to the City Council approval of CT 73-52 for reasons in the staff report, 'and subject to the conditions as,amended therein. """""""""""-~-" (e) CASE NO. CT 73-55 - J. BREE FOR PACIFIC WESTER1 DEVELOPMENT CORPORATION, - Request for consideration of a tentative map to allow the development of a one- lot 59 unit condomini-um project on property generally located at the northwest corner of the intersection of Tamarack Ave. and Jefferson St., .approximately 2.91 acres zoned RD -M-. Paul Williams, Associate Planner.read the staff.report for this request, and Mr. Matt 3inder, representing Pacifica Western Development Corp. 18740 Ventura Blvd. Tarzana, Cal. was present representing combine some of the units to make them bigger. If this was approved there would be 55 units instead of the proposed 59. Commissioner Little stated that he was not in favor of this project as the units were so ssnall, they are not much bigger than a small gotel, room, He advised'if he had to vote tonight he would vote NO. the applicant. Ms. Binder explained they are going t Mr. Binder was advised- that he needed a full YES from all four commissioners to have his pro- ject approved, and with this he requested. a continuanc to 'January 8,1974 meeting. MOTION : Ayes I Motion was made to continue CT 73-55 to the regular meeting 09 January 8, 1974. - -.-_- - "- - - - - - - - -.- - -.-.e - - -._ "- .. (f) CASE NO 73-56 7 W P. LILL FOR ,BURROBGHS CORE AND PAUL ECKE - Request for consideration of a tentat map to allow development of a 21 lot subdivision on pr perty generally located at.the southeast corner of the .intersecti.on of Cannon Road and Interstate 5, approx- imately 57 acres, zoned P-M (Planned Industrial and R-A (Residential-Agricultural). Associate Planner Williams presented the staf report for this project and advised the Coamissioners he had been contacted By telephone that this matter was going to be withdrawn3 to date though, there had 1 MEETING OF1 December 11, 1973 no written request for withdrawal of this .application. There was no one in the audience to represent the applicant, and Mr. Williams questioned if the CommPssli wanted to continue this matter for the'maximum'j0 day period or continue the hearing. 1 It was advised the hearing should continue. There was discussion of the application by the Plannin, Commissioners, and as there was no representative or the applicant present, a motion was mad.et Motion was made that the Planning Commission adopt a. Resolutlon recommending to the City Council the DENIAL of this tentative map. """"""-""~""""- (g) CASE NO. CT 73-57 - ROBERT K. MILLER FOR CAL PACIFIC PROPERTIES- Request for consideration of a tentative map to allow development of a 14 unit con- dominium project bn property generally located on the north side of La Costa Avenue between El Camino Real and Viejo Castilla Way which is zoned RD-M. Planning Director Donald Agatep advised the Plann3ng Commlssioners that he had received a letter from the applicant requesting a continuance for 2 week in order to resolve the school problems. Motion was made that the Planning Commission continue CT 73-57 to the regular meeting of January 8, 1974. -""_"""_"""-"~"-~ LATE ITEMS 1 8(al Request for report on Palomar Airport Expansion conformity to Carlsbad General Plan. Planning Director stated there was one more item of great importance to be discussed which was held ove: from the beginning of themeeting, and due to the late hour already, it was suggested this report and decisiol thereon be continued to the next regular meetingof January 8, 1974. Motion was made that this matter be discussed at the regulm? meeting of the Planning CoTmission to be Held on January 8, 1974. -""""""""""""", ITEM FROM PUBLIC HEARING SECTION 5(b) WAS NOW DISCUSSEI 5( b) .OPEN SPACE AND C.0NSERVATION- ELEMENT AND OPEN SPACE 2ONING.ORDINANCES (CASE NO. GPA-20). There was much discussion on this Element aric for explicit detail, please listen to the tape on file in the Planning Department.. This-will be just a highl: of the discussion as there was apgroximate3.y 2 hours 01 just this item. Public Hearing was opehed and Mr. Perry Lamb Mr. Allen Kelly and William Savage all addressed the Plannlng Coam4ssion and advised their feelings towards the completed element that had been presented. They er made recommended changes in different parts of the L ! i ! MOTION t. Ayes I MOTION : Ayes I MOTION : Ayes I 1 .. " " MEETING OF1 -9- Element, referring to Pages 5 on intent, Page 72 on concept, discussion of slopes, types of housing to be offered in the element, flexibility of requirements architectural skill given in sensative areas as well. a engineering and financial feasibility. It was also advised that on-thursday, December 13, 1973 staff and the Consultant (Lampman and Associates) will-be. presenting this element to the City Council in a Workshop session Space Areas, Page 40 discussing agricultural resources Pam 33 regarding slopes, and Commissioner Casler inquired of the Consultants where the Soils Map was. She was advised by Jim Funk, Lampman and Associates that the map would be in the City on Monday, Dec. l?th,.l973. There was discussion on the Policy Statement that has been adopted regarding slopes and i was. felt that Open Space Program is to see that we hav substantial amount of hillside with slopes, Question was- raised if lagoons were considered a part :of the floodplain, and the,Plannving Director advlsed they were. The changes that were suggested in wording etc. in the element were noted by Mike Zander, Assista Planner, who had contr-ibuted greetly to the completed copy of the element, and it was agreed the corrections would be made before being presented to the City Council. Further discussion covered the 10 prime Open Comnrissioner Casler stated she felt that each a.nd ever member of the Open Space and Conseruatlon- Coamittee should be commended for their work as part of the Committee, and. that it was her feeling this was, with a few changes, a very workable and viable .Element to beneflt the city. Motion .was ma.de that the PlannYing Commission recommadd to the City Council adoption of the Open Space and Conservation Element for the City bf Carlsbad, subject to the amendment6 by the Planning Commission. 0'""""""""""""" BY PROPER MOTION-,' Adjournment came at l2,3OA.M., and . the meeting was set for January 8, 1974. It was decid unless it was absolutely necessary, the regular meetin of December 25 (Christmas) would not take place until January 8, 1974. Comm3ssioners wlshed everyone a MERRY CHRISTMAS AND HAPPY NEW YEAR. -. """"_""._""-~"""- RESPECTFULLY SUBMITTED .. Recordhg Secregary a MOTION : Ayes 1 MOTION 3 Ayes: