HomeMy WebLinkAbout1974-02-13; Planning Commission; MinutesPLANNING
CITY OF XARLSBAD
MEETING OF:
DATE :
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CITY OF CARLSBAD PLANNING COMMISSION
February 13, 1974
TIME: 7:30 P.M.
PLACE : CITY COUNCIL CHAMBERS.
CALL TO ORDER: 7:30 P.M.
ROLL CALL: Commissioners Casler, Little, Jose, Forman, Wrer
APPROVAL OF MINUTES: Minutes of the meeting of January 8,
and Dominguez were present.
1974 were approved, as amended.
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WRITTEN COMMUNICATIONS: Commissioner Jose advised he had
received a letter from U.S.C. relating to a seminar in
decision-making, to be held at the Carlsbad Library on
February 19, 1974 from 9:OO-12:OO. He stated he would be
happy to make copies of the letter for distribution to any
of the other Commissioners who may be interested in attendin!
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ORAL COMMUNICATIONS: None.
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PUBLIC HEARINGS:
Before starting thi Public Hearings, Chairman Casler
referred to a graphic on the screen which outlined the
procedure for Public Hearings and Appeals.
5. (a) continued: CASE NOS: EIS-232, SP-147 and CT 73-58
T. K. TRACY, for, OCCIDENTAL LAND AND DEVELOPMENT
COMPANY: Request for approval of a Final Environ-
mental Impact Report, adoption of a Specific Plan and
consideration of a Tentative Map (not a public hearing)
to allow development of a 353 unit condominium complex on
property generally located at the northwest corner of the
intersection of Lowder Lane and Poinsettia Lane, presentl:
zoned Planned Community (P-C) .
Planning Director read a letter that had been received
from Brian Smith Engineers, representatives for Tracy, requesting a continuance to the meeting of March 12, 1974
Public hearing was opened and no one from the audience
wished to speak, and no one on the Commission made
commen t .
Motion was made that the public hearing for EIS-232,
SP-147 and CT 73-58, be continued to the meeting of March 12, 1974, as requested. """""""""""""""""""""""""""-
(b) continued: CASE NOS: V-239, SP-155 and CT 73-59 -
PACESETTER HOMES, INC.; Request for approval of
a Specific Plan and Tentative Map to allow a 326 unit
Planned Community development on 59.42 acres of land,
generally located on the east side of Lowder Lane between
Palomar Airport Road and Poinsettia Lane; and a request
for a Variance of Section 4.043 of the Municipal Code
relating to development standards for projects within the
Agricultural Resource Management District.
Present:
MOTION:
Ayes :
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MOT'I ON :
Ayes :
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PLANNING COMMISSION MEETING February 13, 1974
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Planner Williams presented the staff report to.the Commis and referred to two maps on the Council walls for the Spe Plan and Tentative map. He also explained reasons for staff's recommendation for Denial of Variance No. 239 and request that Specific Plan and Tentative Map be held in abeyance until the requirements of the Open Space Zoning Ordinance are met.
Public Hearing was opened and Mr. John Klug, representing Pacesetter Homes, Inc. reviewed some of the dates involved in the processing of this application, stating the Master Plan and Zone Change were filed in June of 1973, with Master Plan approval in January, 1974and LAFCO's approval on Feb. 4, 1974. He stated the Tentative Map and Specific Plan conform to 66% Open space requirements. He stated there is 32% covered area and 68% open space. He said they had' to request a Variance as under the requirements of th'e Resource Management District RM-4, only 25% can be covered. He stated they would have to reduce their densit from 40-25% and eliminate 45 buildings to make this plan conform. He requested they be allowed to have the coverage allowed under the P-C Zone and not under the RM District.
Mr. Perry Lamb, 5171 Shore Drive stated he was interested in this property as his family used to own same. He state the unique part of the Agriculture overlay is the piece in question will probably be the only piece in town that will be stuck with it. He feels this development has been carried.on in good faith and itwill probably be a better subdivision than some of the others that will have a highe percentage of 'Open Space. Feels it will be proper for the Planning Commission to allow the Variance and hopes the City Council will change the Ordinance.
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No one else wished to speak on the Variance, and the pub1 ic hearing. was closed.
Commissioner Dominguez questioned the Planning'D.irector on the Interim Open Space Zoning Ordinance and was advised it will ho.ld for 120 days from the first of the year. Commissioner Wrench asked the Planning Director to again review the diffe.rence between the Agriculture Zone and the Resource Management district, which Mr. Agatep
II explained, stating the Exclusive Agriculture zone was. added to the zoning ordinance. It is.-not the intent of the City to aggressively pursue a rezoning program to E-A,
but more-appropriately, it would allow properties to be placed in the E-A zone on request of the property owner.. I Commissioner Wrench stated he had sympathy for the dilema the developer faces, realizing it has been a long process for him, but he also felt the Commission is obligated to follow the public as well as the business economics of this problem. He stated the problems this was giving the developer were problems a developer normally expects to have to undertake. This is a mandate by the State,
is a law, and as such, feels the Commission should uphold the law,.until such time as it may be changed. He stated for these reasons he would be in favor of denying the Variance request.
Commissioner Jose stated he agrees with Mr. Wrench, as
did Commissioner Little, and Comm. Little also stated although now the Agriculture and Open Space may not appear feasible, persons may be very glad in the future that we did adhere to this law and maintain this open space for future use.
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PLANNING COMMISSION MEETING February 13, 1974
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Director Agatep stated to the Commission that the. only purp of theksource Management District is for the property owne to have agricultural land at his use for production, and it would be some way he would not be disapprotionately taxed because it was being farmed.
There was further discussion on the Agricultural Resource Management District and what was considered to be prime agricultural lands in the City. Planner Williams stated th the Attorney and he had discussed the fact that there may b some weight added to the argument using the element of enjo ment of the same priviledges of other properties in the vicinity. Commissioner Casler read from the Code the requirements for a Variance. Commissioner Wrench stated he wished it be pointed out that the City has acted in good faith, with projects being processed as rapidly as possible and felt in this instance, good faith has been applied on both sides. With no further,discussion, the following motion was made: Move that the Planning Commission report to the
' City Council that a request for a Variance of.Section 4.043 of the Municipal Code should be Denied, and Tentative Map 73-59 and Specific Plan #155 be held in abeyance until such time as the Agricultural Resource Management Permit conflict is resolved. Denial is made for the reasons as stated in the,staff report.
Commission be forwarded to the City 'Council for their information and consideration, should this matter be appealed .'
Commissioner Jose requested the comments from the
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€ommissioner.Wrench asked that the Secretary of the Plannin Commission, in carrying this matter forward to the City Council, make i.t clear that the Commission is, among other things, trying to enforce the law of the land, and that was the determining -factor in at least his own decision on this matter. He then asked for staff's interpretation as to the difference between TABLING an item and holding .in abeyance.. He then amended his motion.
AMENDED MOTION: to read "Table" instead of "be held in abeyance". . . .
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(c) HOUSE MOVE - ROBERT S. GILLINGHAM: 'Request to move' a house from 141 Tamarack Avenue to 1275 Knowles Avenue, to better utilize property on Tamarack with R-3 zoning. Zoning on Knowles Avenue is R-1.
Planner Paul Williams presented the staff report for this request and stated this item had been continued from the previous meeting in order that the surrounding property owners could be notified, and appear at this public hearing if they so desired. Commissioner Jose stated he understood the intent of Condition #2 on the staff report, but felt it should be reworded so as not to appear as the Building Inspection Department would be filling and pumping the referred to septic tank. It was noted the wording would be changed.
Public Hearing was opened and Mr. Gillingham of 2618 Wilsor Street spoke on his own behalf stating he had purchased the property on which to move this house about a year ago, so he could develop his R-3 lot and have the house in a zone that would be compatible. He stated he would very quickly bring the house up to the City Building Codes.
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MOT ION : Ayes : Noes :
MOTION: Ayes : Noes :
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PLANNING COMMISSION MEETING February 13, 1974
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No one else in the audience wished to speak on this matter and the public hearing was closed. Commissioner Little advised he had taken a look at the house to be moved and felt although at the present time it did not appear to be one of the prettiest he had seen, but felt it could be made into a nice dwelling unit which woulc be a credit to the neighborhood.
Motion was made that the Planning Commission approve the requested house move from 141 Tamarack to 1275 Knowles Ave. for justification in staff report, and subject to the conditions outlined therein.
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(d) CASE NO: C-10, ZCA-56 and PLANNING COMMISSION POLICY NO, 12. - Request by staff that the Commission accept the Final Environmental Impact Report for possible Civic .Center-Overlay Zone, adopt a Resolution of Intention to hol a public hearing on a General Plan Amendment for, the Civic Center area, and-recommend approval to the City Council to create a Design Review District to be utilized initially ir the Civic Center area.
Planner Paul Williams gave the staff report for this project noting the recommendations of staff, explained the proposed overlay 'zone on a wall map, conceptual desiqn, two alternatives, and recommending instead.of the Planning Commission adopting Policy #12, the Commission recommend tc the City .Council that they adopt the Policy.
There was general discussion from the Commissioners on the alternatives presented, and the Public Hearing was ther opened.
No one spoke in favor of the proposals presented in the Civic Center Study. . Mr. James Scanlon, 2955 Elmwood, Carlsbad spoke. He said he:felt the Planninq Commission is taking a limited approac: as the entire plan known as the Civic Center Plan was formulated about 10 years ago. He stated he felt a cloud had been put over alot .of property the City has projected to buy, but never, has. He feels the City should make a decision as to what their,needs will be, and contact the property owners advising them their property may be' purchased by the City.
Mr.' Galen Nornholdt, 4025 Baldwin Lane, stated he .felt the Commissi-on had placed a cloud over properties and it was not fair to the owners to be kept danglinq as to what the City's intentions were with regard to their property. Mr. Nornholt gave some background, as he remembered it, on the Civic Center discussions in previous years, as far back as 1964/65. He suqqested areas the City could use, rezone, and use for possible expansion.
No one else wished to speak, and discussion continued among the .Commissioners and staff. The Commissioners questioned staff as to the whereabouts of the oriqinal master plan for the Civic Center, and stated they felt they owed the property owners at least a chance to see and hear the original program, if it can be located. Commissioner Little stated he thought the original plan had been presented by the former Planning Director, Don Schoell , to the City Council , but the City Council did not adopt.same. It was felt this matter should be continued to allow staff more time to research the archives for the original master plan for the Civic Center.
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MOTION: Ayes : X
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PLANNING COMMISSION MEETING
February 13, 1974
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Motion was made that the Planning Commission recommend to
the City Council that they accept the Final E.I.R., to incl
the four (4) items listed in the staff report, and for the
justifications stated therein.
Motion was made to continue this public hearing to the
meeting of February 26, 1974, to allow staff time to
research files for the original master plan for the Civic Center; and recommend to the City Manager that a Capital
. " Improvement Program " be set up.
Motion was made to adopt a Resolution of Intention to hold
1 Public Hearing for a General Plan Amendment for Civic Cente on April 9, 1974.
(e) CASE NO: V-237 - E. C. MALONE,-FOR M. & N. PROPERTIES:
Request for approval of a Variance to allow a zero (0) foot front setback in lieu of a 2.5 ft. front setback as
approved in Planning Commission Resolution #803, approved June 27, 1972.
Mr. Williams gave the staff report and recommendations for
* approval of this project. The applicant made this request
in- order that the property would have a more balanced desig The public hearing was opened.
There was no one in the audience wishing to speak for or against this project, except the applicant.
Mr. Edward Mal one' of 2136 Avenida de 1 a P1 aya addressed the Commission. He stated he was in agreement .with staff recommendations, and stated they now have 20 parkirig spaces and the only requirement he disagrees with is the need to cover 11 of the parking areas. He feels with treescaping they .are doing 'it would be terrible to come in and cover
11 of these spaces. He said they have changed parking 'lot to include one more parking space and they more than confor to all of the R-3 setback requirements.
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Commissioner Jose questioned'.as to whether or not Mr. Mal.on
has provisions for the storage of trailers on the parking lots. Mr. Malone advised they are providing almost 2
parking spaces per unit and doesn't feel they have any cont aver trailer storage.
Public Hearing was closed and the following motion was made
Move that the Planning Commiss-ion-grant the Varianc.e with
conditions outlined in staff report, and .accept the revised
plan as Exhibit "B", and approval be made with the stipulat
that requirements of the P.C. policy relative to covering
parking spaces be waived.
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(f) CASE NO: ZCA-57 - OPEN SPACE ZONE DISTRICT: Adoption
of an Ordinance which would amend Title 21 of the Municipal
Code by establishing the 0-S (Open Space) Zone District to
provide for open space and recreational uses in an urban
environment.
Mike Zander, Assistant Planner,, gave the reports on the
proposed ORdinances, adding that none of the ordinances presented would apply to any particular piece of property in town. He explained the need and intent and purpose of the Open Space Zone.
Public Hearing was opened and there was a lengthy discussiol between the Commission and Mr. Perry Lamb, as well as
Mr. Ted Richmond (S.D.G.&E.). There were moderate changes
made in wording, and questions regarding transmission lines and P.U. zones. Mr. Richmond stated the way he understood
the Ordinance, an easement would have to be rezoned to P.U.
in- order to put transmission 1 ines on it.
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MOT ION :
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MOTION:
Ayes :
MOTION:
Ayes :
MOT4 0 N :
Ayes :
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PLANNING COMMISSION MEETING
February 13, 1974
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Discussion was held regarding route selection for lines, and
it was suggested that a public hearing be held for same.
Commissioner Wrench stated he would suggest that all of the new ordinances should be discussed together. He said he fel the Commission needed more time to get into the Interim ordinance, and would like to consider all of the new ordinar as a group. Commissioner Casler stated her suggested change5 in wording for the Intent and Purpose portion of the ordinar and that they should be tied to prime open space.
Motion was made that the public hearing on this matter be continued to the meeting of February 26, 1974 and ZCA-57 be returned to staff to make the recommended revisions, be sent to the City Attorney to be checked, and brought back
to the Commission.
. (9) CASE NO: ZCA-58 - SCENIC/HISTORIC PRESERVATION OVERLAY ZONE: Adoption of an Ordinance to Amend Title 21 of the Carlsbad Municipal Code by establishing a Scenic/Historic
Preservation Overlay Zone to preserve areas of unusual
scenic beauty and historic significance which connect placet
of interest within the City of Carl sbad.
Mike Zander gave background information on this new ordinanc
and again, explained the intent and purpose.
Public Hearing was opened and Mr. .Philip Leuki, 4040 Skylinc Drive, Carlsbad spoke briefly advising he felt the Ordinancc was very vague on scenic areas, and felt the areas of' Buena Vista and Batiquitos Lagoon should also be included.
Mr. Perry Lamb, Shore Drive, stated he felt the definition of scenic areas is very vague, and the standards of what car
He feels this is an Overlay we can do without. He stated in some cases a person might want to see some scenic things from the freeway, but people do not want to see the freeway from the City of Carlsbad. He would like to see this Overlay forgotten, and make'better improvements in some of our more basic ordinances. Mr. Ted Richmond asked for a change in wording (put word- distribution before word uti 1 i ties). Mr. Robert Ladwig of Rick Engineering, said he felt this ordinance would create incentive for people to do things rather than t.he City telling them what to do these things. He stated he felt there are probably alot of areas, etc.
which could be classified as scenic, but the problem will
come when you properly define these items.
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. .go into an area, to what extent, is not specific enough.
No one else wished to speak. . Commissidner Wrench stated
at 'the Workshop in Palm Springs he had attended recently, he discussed items of this nature with personnel from cities such as Davis, Irvine, Monterey and Thousand Oaks, and felt that staff could possibly receive some good ideas from other cities that will help to eliminate some of the vagueness contained in this ordinance. He again stated he felt the Commission needs more time to discuss these items.
Motion was made that ZCA-58 be continued until such time as 4 or more of the related ordinances can be.presented and put together,' following more work by staff. """_"""""""""""""""""""""""""
(h) CASE NOS: 'ZCA-54 and ZCA-55 - Adoption of an Ordinance
to Amend Title 21 of the Municipal Code.by adding Chapter
21.39'which would establish Floodplain Overlay Zones. These
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MOTION:
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MOTION:
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PLANNING COMMISSION MEETING
February 13, 1974 T -7-
zones were designed to provide specialized land use regulati
in areas within floodplains of rivers, creeks, streams and
water courses. This is also a request for adoption of an
Ordinance to Amend Title 21 of.the Municipal Code by estab-
lishing the Exclusive Agricultural Zone [Sistrict. This district would provide for those uses such as agriculture, which are customarily conducted in areas which are not .yet
appropriate or suited for urban development.
Assistant Planner'Zander presented the ORdinance to the Commission, with a brief explanation of same, and its intent and purpose. There were several corrections, revi-sions, and additions made by the Commission, and the public hearing was opened. Messrs Lamb, Ladwig and Richmond again addressed the Commiss with comments and.minor suggested revisions. All were noted and the below motion made:
Move that ZCA-54 be returned to staff for further cons:iderat and the public hearing be continued.
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With regard to the above hearing on Floodplain areas, The Commission suggested staff try to set up a briefing by.a F1 ood Control organization.
Mr. Bob Ladwig oiRick Engineering stated'he would prefer
to have the County approve all the flood control plans and
the City take only a general look at the plans. He said it
would be nice if there would be.one district that would revi
all floodplain .plans.
Exclusive Agr'iculture Zones were discussed brief1.y and
the Commission made the following motion:
Move that ZCA-55 be continued, and the matter returned to
staf-f for further consjderation and suggested changes.
UNFINISHED BUSINESS:. None
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NEW BUSINESS:
7(a) CASE NO: CT 73-57 - ROBERT K. MILLER for CAL'PACIFIC PROPERTIES: Request for approval of a Tentative Map to permit the construction. of 14 condominium units on' 0.60 acres of land, generally located on the north side of La Costa Avenue between El Camino Real and Viejo Castillo Way, zoned RD-M -
Planner Williams presented the staff report, noting there were no specific conditions, and the fact that the applicani
had signed an affidavit stating he would comply with all
requirements of Municipal Code.
There was no discussion on this project, and the motion
was made:
Move that the Planning Commission adopt a resolution
recommending to the City Council the adoption of CT 73-57,
for justification shown in staff report.
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PLANNING COMMISSION MEETING
February 13, 1974
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LATE ITEMS:
Memo to the Planning Commission from Mr. Francis Bussat, 1:
regarding the distribution of a questionnaire to citizens o
Carl sbad.
The Commissioners asked MR. Bussat questions regarding the
project, and questioned if he felt a return of 470 letters would be enou h af a return to represent the opinion of the residents of 2 arlsbad. Mr. Bussat stated he felt it was.
Motion was made that the Planning Commission recommend distribution of the "Bussatll Questionnaire.
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Planning Director stated Staff was in the process of
preparir_lg to present to the Planning Commission, new
Open Space Zoning Ordinances. It.was needed that the .
Commission, this meeting, should adopt a Resolution of
'Intention to hold a Pub1ic.Hearing for this matter.
Motion was made that the Planning Commission adopt Resoluti
of Intention No. 103 to hold a Public Hearing on Open Space
Zoning Ordinances; public hearing to be held on February
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OPEN SPACE RESOURCE MANAGEMENT REQUIREYENTS FOR SPANISH
VILLAGE UNIT NO. 1 EXTENSION 0F.TENTATIVE MAP.
Planner Dana Hield presented the report to the Commission
stating the application had to be reviewed for its
applicability of the City's Interim Open Space Zoning
Ordinance requirements. She stated it was the feeling
of staff that the Hillside and Slope Resource Management
Management permit should be granted.
. District requirements have been met and the Resource
Motion was made that the Pl.anning Commission does concur
with the findings of Staff, and the Resource Management
Permit be issued on Span-ish' Village.
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A Memorandum was read to the Planning Commissi.on by Paul Williams, Planner, in which he told the Commission there need be no action taken - this was just for their informati
reference, T.he Report was on the appl i cabi 1 i ty of the Inte Open Space Zoning Ordinance to Carlsbad Lake Community (Covington Brothers - CT 73-24), stating the final map is
in the last stage-s of approval, and grading and building permits are also pending. He stated the Ordinance is some- what ambiguous concerning the applicatility of Resource Management requirements for an application with a approved Tentative Map. It was Staff's opinion that this should be a General Exclusion applied to the project on the basis of "Prior Compliance: (Section 1.03, P.2 of the Interim Open Space Zoning Ordinance). Staff recommended the Planning Commission concur with this decision to qrant a General Exclusion to the Carlsbad Lake Community project.
By Minute Motion the Commission did concur with staff's
recommendation to'grant a General Exclusion to the Carlsbad Lake Community Project.
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MOTION:
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MOTION:
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F1OTI.ON:
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PtANNING COMMISSION MEETING February 13, 1974
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There was a short report , and general discussion held by the Commissioners on their Planning Commissioner's Workshop, held from Feb. 6-8th in Palm Springs.
ADJOURNMENT:
By proper motion, adjournment came at the hour of 12:30 A.M.
Respectful ly submitted,
Dotty K1 i ngman,
. Reco'rdi ng Secretary
MOTION: Ayes :