HomeMy WebLinkAbout1974-02-26; Planning Commission; MinutesMEETING OF: CARLSBAD CITY PLANNING COMMISSION DATE : February 26, 1974 TIME: 7:30 P.M. PLACE: City Council Chambers
CALL TO ORDER: 7:30 P.M.
ROLL CALL.
1. Commissioners Casier, Little, Jose, Forman, Wrenc -and Domi nguez were present.
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APPROVAL OF MINUTES
2. There were no minutes .. presented for approval.
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WRITTEN COMMUNICATIONS
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.'. ORAL COMMUNICATIONS ' ..
ioners Conditi .4. .The Planning Director advised the Commiss
.' the Memorandum from the City Att0rne.y addressing Use Permi-t Prgcedyie was for information --only.
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-- PUBLIC 'HEARINGS': ... .. -.
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. ~ 5. Chairman Casler reviewed -for the audience, -the Public Hearing and Appeal. procedure as shown on- a graphic -displayed i'n the Chambe.rs:.' ..
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'. (a). Continued: CASE 'NOS: EIS-230,' ZC-138 .and MP-151:
,R. L. FARROW for FARROW REALTORS (Cal avera .Property) .
. . Request for approval of a Final Evvirqnmental , Impact.
... Report, Change-of Z.one from .L-C and R-A-10 to P-C, and :adoption of a Master Pl'an .to allow'a 3452 residential development on property.'southerly of the present. souther most extension. of Mira .Monte Drive, at the northerly mos
. City limit line of the CiQ of,-Carlsbad.
. Planner Paul Williams .presented the. report for this .'. .project, advising ,it had been contfnued from the Januarj 22nd meeting, explained-.the change in (#16) and.,the prematurity of development. Commissioner Wrench noted the documents indicate a schoc impact and various places in the Master Plan' provision is made for 2 elementary.sites .plus talk about willingrif to provide a Jr. High site in addition. He stated he did not see any school letters stating these facts fi.rml anywhere on the list of attachments to his report. Mrs. Casler advised that she had a letter (received . in previous packet) stating schools would be provided. concurrent with need; and there was nothing in the lettf stating there would be a Jr. High site, just a standard school 1 etter.
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Public Hearing was opened and Fir. Bob Farrow, 8550 Garden Grove Blyd., Garden Grove, addressed the Commissi and stated he really had nothing to add to their former presentation at the last meeting, but stated his brother and architect were in the audience ,if the Commission wished to ask them questions.
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PRESENT:
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Commissioner Wrench referred to the proposed San Diego .
County regional park mentioning in the original presentat'
ttie County Representative, Mr. Tennant, expressed a hope
of obtaining approximately 300 acres and now it seems the
figure of 100 acres has been mentioned. He questioned ,
how the-difference can be reconciled.
Mr. Jerry Farrow, stated the overall Vaster Plan prepared
by the County called for over 200 acres for the park site,
The part the County is interested in is 127 acres, and
40 more to the south of the property(Kamar).
. Chairman Casler said she felt the report should have
. addressed the problem of sewers and requested it be
placed in the report before it was, presented 'io Council. At this point, CondJtion #18 was added regarding sewers;
Commissioner Dominguez advised he would abstain from voting -as he had at the previous presenta.tion, as' he
Su-pervi sors. : .work for the County of San Diego-and,the.Board of
1 %6mmissioner Wrench questioned if the'heveloper would .,be bound by the P.C.. ordinance now in force or the P.C. -ordinance that will be. in force at 'the time. of this-
-.. development. The City Attorney, Vince Biondo, stated
he fieeded.more time; to think about a1 1 of. the other topi
that could be-coveFed by the P.C. ordinance in. the . future. Stated it was.possible to get i.nto vested'right
.. development. Commissioner. Wrench said .he. hoped 'the : P.C. element would'reflect the.most current thinking on
. . this particular element. -.
'. CMmissioner 'Little informed the Commissi-on that a'ffer
studying this project the:exits are now changed-a.nd it
appears we w.il 1 end up with anothkr parcel .of land land-
. locked, and said he'would.likk a guarantee that at some
.. point in time there .will be 0the.r exits provided. He
al'so said he feels in developing out i.n the proposed
area that we will be.ov.er-extending City services, and 'doesn't feel we should move' ou-t tha-t way .at this time if
" there is-a poss'ibN5.ty of.the County making she. committ :in March if they want to, bu'y ttie land. '.He stated.. he is mot -in favor of this'project at this ti-me. .. . , .. ..
. Commissioner Jose, who was ... not.-present at the January
. 22., 1974 first public hearing,' informed' the City.Attocne that he had not 1 istened to' the tapes on this proposa.1, .and. asked if he. would be allowed to.vote on the matter. The, City ,Atto,rney advi-sed he.felt -it was Mr. 'Jos.e-'s obligation to abstain from voting if he wa.s not. aware of the.previous testimony. Commissioner Jose advised he would a.bstain from voting, and if the matter was .continued, would make every effort tu listen to the tapes before the next meeting.
The Planning .Director advised' Messrs. Farrow that the Commission at the present time only has 6 Commissioners.
,As the Commission Rules and Regulations state, a project
must ha've 4 affirmative votes to be passed. As Mr. Little has stated his objection, and .Mr. Jose had to
listen to the tapes, with Mr. Dominguez abtaining, he
advised the applicants they could either request the
Commission to continue this item to,the next meeting,
or take their chances with the vote tonight.
At this point in the Meeting, Mr. Jerry Farrow said
due to the magnitude of the project, he would like to
request a few minutes to discuss the matter in private with his brother as to their course of action.
The Chairman of the Commission called a 5 minute recess
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MEETING OF CARLSBAD CITY PLANNING COMMISSION
Februa,ry 26; 1974
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Commission reconvened, with all Commissioners,present.
Chairman Casler inquired of the applicants what their
desired course of action would be; if they wanted to
continue this matter until the County Board of Supervisc cleared up'the matter of the Park sites, at their meetir in March. Mr. Jerry Farrow stated they would like
. 'to request a continuance of the matter for two (2) week:
Motion was made that this application be .continued to
March 12, 1974, for further public hearing.
Chairman Casler again remimded the audience, that the
Public Hearing would remain open .for .the next meetinq,
without further advertisi'ng.
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.(b) continued: CASE NOS: C-10, ZCA-56' and PLANNING
. - ' COFlMISSION POLICY NO. 12: Request by staff that th.e .. -.Planning commission adopt a Resolution of Intention. to
.. 'hold a public hearing on a General Plan Amendment for tl
.- Civic Center area, adopt a Planning Commission Policy
.' ' No. 12,. and recommend to the City Council- 'the creation c
-- . a Design.Review District, to b.e .utilized i,nitial.ly in tl
. . Civic Center-area-.
Planner Paul. Williams presented ,the s.tdff report for
' - the Civic Center Study, advising it had been continued from 'the Feb. 13, 1974.meeting; gave bri-e7 background
. , . and aga.i.n reviewed the suggested alternatives made .by staff. _. .
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. . .There was general discussion by tie-.Commi-ssion as to the
-. alternatives contained in the Staff report, and a furthc clarification as to the areas affected.by the possible
. . r.ezoning in :the civic. center area. Commissioner
: Dominguet asked the.Director if a Capital Acquisition
. . :'Program had been dis'cussed.'with the City Manager. Mr.
.. ' Agatep stat.ed thi City, .at the present time daes not . .
., have a Capital ,Acquisition. for. the civic center and the - City Manager is not .in .a position to make, a commitment
' Pub.1i.c Hearirig was open'ed;. a$ '.there was no one. i.n the
. audience wishing to speak for the proposal.
-Speaking against th'is -proposal for..rezoning were: . .
'*Mr. James .Scanion,~.2955..Elmo~d St."stgted he ,did not.. .
. . feei the'.City should keep a -cloud over the property '
owners in the area. for any longer period of time, and
. felt the area on Laguna that wa,s previ:ously slated to b.e used 'for parking for the City 'should not be used as it was not the proper use. He inquired o.f the City
. Attorney if he was aware of a plan that had bee.n adoptec by the City . setting' out specifically what parcels the
City int.ended to use. Mr. Biondo stated he. knows of
no plan being adopted by the City . : Commissisner Jose stated.he made a.study of his previou: files cohtaining information on the Civic Center, and the only information he could find was a study committee which discussed the possibility of a portion north of Laguna being used for parking. He found nothing else.
as to when the City cou1.d have such.a program.
. Mr. Gaylon Nordhold, 4025'Baldwin Lane spoke before the Commission stating he was just as concerned about the proposal as Mr. Scanlon, and he suggested that a study be made so that property owners on Pi0 Pic0 and
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. MOTION: Ayes : Yoes: .
Abstain:
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PLANNING COMMISSION MEETING
February 26; 1974
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Laguna would know once and for all where they stand in
the Civic Center plan. .
No one else wished.to speak, and the public hearing was
closed.
, 'Commissioner Little addressed the Alternatiye Map on
.the wall, making suggested changes's0 the intent of
the rezoning and the areas it would possibly effect, wou be made more clear. Commissioner Dominguez suggested staff make the changes so all the maps will coincide.
. After further consideration by the Commission, the
following motions were made:
Motion was made that the Planning. Cominission.adopt
Resolution of Intention No. 104 declaring its lintention
to hold a public hearing on. April 9, 1974 to consider
a change in General Plan Densities in the Civic Center
area. ..
-' .-Motion was made that the Planning Cornmission recommend
' to the City.Counci1 the. adoption of a- Policy, using
'.-development standards for property within the civic
the amended language submitted by staff., to deal with
.. center area. .- -
Motion was made that t.he Planning Commission recommend
.. to the' City Council that a Deslqn Review Combination.
District be created and that it be ut'ilized initially
in the civic center area;. and 'Planni.ng Staff be directed
' . to prepare a- prog.ram for public hearings on said Distric and present said program to the Commission upon- creation
.Motion- was 'made 'that the Planning Commi.ssio-n. recommend
to. the City Council that ..Lots 1, 2, -and 3 shown on
. Exhibit marked Alternative Zone #2 (which is now shown as #3 in the General1 Plan). be reflected in the General
.. "Plan as R-P.; and-,the General Plan. be further amended tc
. .i for Civic Center purposes be designated. .R-l. , .
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' . of this. zone,district by -the City Council. .. .. I.
... request all lands. north of. Laguna' currently desiqnated
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'At this point 'in the meeting-a recess'.wa's called. '.Idhen
' the. meeting reconvened , al.1 mem.bers were again present.
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, ' Chai,rman..Casler advised the audience .it had been .sugges by' Staff that the Commission move to pub1 ic hearing
' . numbers J-& .K before discussing the next four ordinance as listed on,the agenda. There was no objection from.
any, one in the.audience;and the Commission moved to
pu.blic hearing 5 (j).
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5.(j) CASE NO: cup-92 - SIEGEL 'BROTHERS INVESTMENT co.
Requesi for approval of a. Conditional. Use Permit which
would allow the enlargement of the existing Cinema Plaz
from one to four viewing theatres.
Planner Paul Williams presented the staff report to
the Commission, and also advised the Commission it woul
be necessary for Siege1 Br.os. to receive permission from the Carlsbad 'Parking Authority to participate in the joint use of the parking lot at Plaza Camino
Real shopping center.
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MOTION:
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FIOTION:
Ayes: . '
MOT I ON :
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PLANNING COMMISSION MEETING
February 26, 1974
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Pub1 ic Hearing was opened, and Mr. Steve Larsen, representing the applicant, advised the Commission he '
had no questions.
No o,ne else wished.to.speak for or against this matter,
and the pub1 ic hearing was closed.
- ' Commissioner Little spoke advising he felt there was ont
problem in the area at present that had not been address he said when the theatre is operating, many people park across the street in May Co. parking lot, and the lighti
at night is very poor. He feels some provision should t
. . made to light that area and provide a crosswalk, as ever
the adults as well as children.tend to dart across the
. street, and considering.ttie traffic created, this is a
. dangerous situation. The.City Engineer, Mr. Flanagan, advised the Commission could make another Condition of Approval stating the
Traffic Safety Commission would have to .al.so review thiz
project. . .
.- "There'was no further discussion'and the following. motior
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.. .. Motion-was made that the Planning Commlssion approve
.. .. CUP #92, with justification as shown in the staff
report, Subject to. conditions 1-3 as shown, with the
addition of conditio.ns 4 and 5 as suggested by the
... the Commissi.on. . ..
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.. ' 5(-k). CASE NO: SP-156.- F. C. .BRITT for CONTINENTAL SERl
.. COMPANY: Requ,est for -an amendment to an approved specii
plan to allow ah additional one-year ex.tension for the
temporary use of a Bank of .America facillity, generally
; located. on the east. side..of El Camino ,Real, said
" .time extensi.on 'to November. .17., 1975. .. ...
, ' .'Plannimg Director .Agatep presented this requestand
.- asked .that it be. continued for 2 weeks.. 'He-explained
: the Ordinance .for temporary banking facilit.ies. and-
. ,'felt this should .be-changed ,from a Specific Plan to, . a Conditional :Use -Permit and be.' assessed on the basis
.. of the.most ,r?ecent Munici.pa.1 .Code amendments relating to 'temporary faci 1 iti es. "He-. stated when this -matter I_
' 'was first approved .it was. aTlowab1e under a Sta.te law
.. ..relating to modular homes, and now-.these are being call6
-. mobi'le homes. .He .read.the intent. of a .Conditional Use Perm'it out of the Municipal Code at. the request of . Commissioner Dominguez. ..
qublic Hearing'was opened, and.'Mr. F. C. Britt spoke.
stating they. were requesting an extension as they are
under a pre-existing amendment and would like to
determine if they can keep existing under this amendmeni
for one .more year. The Planning Director explained
to Mr. Britt the sections of the Code as they relate't'o
.temporary bank buildings.. No one else wished- to speak
for or against the matter,' and the public hearing was
closed. City.Attorney, Vince Biondo, suggested that Mr. Britt
continue this matter and make contact with staff to
decide if he wants to stay under a Specific Plan or
submit under a tonditional Use Permit. He also stated
as the situation is now, the Specific Plan does not run out until November, and the applicant could wait
until later in the year to submit a CUP application,
which i,s subject to an extension if the Commission
so desired.
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Ayes :
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PLANNING COMMISSION MEETING February 26, 1974
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Mr. Britt stated he wished to withdraw his application .at this time and wil.l resubmit under the existing Municipal, Code regulations. The-Commission was -agreeable to the withdrawal, and SP-156 hearing was closed.
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UNFINISHED BUSINESS
6. (a) CASE NO: V-234 - STANLEY PRAYER approval of ar Appeal 'of Planning Comrnis.sion for a request of a Varianc from Section 21.46.120 of the. Municipal Code to increasc
. the maximum permitted encroachment into a required yard from 2 ft. to 6.5.ft., on property generally.located northerly of and adjacent to Navarra Drive, at the westerly most extension of Navarra Drive.
This was a. report'back to the.Plannirig Commiss'iqn of tht .approval of an Appeal, granted by the City CoScnc,il at ..
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-. ..their 'meeting of February 5, 1974. Commissioner Jose
.'.. stated he'felt the Commission should make a statement : back to the City Council stating the.y were not in favor
.. .. of the 'way this action-was .handled, and it"vas their
-. ,. i,ntention to stick-with their or.igina1 decision' for
. - 'denial, for the reasons.they had g'iven. %ommissioner Casler stated the reason for not.granting
. . this Variance in the first place'was that it did not'mec
.-. the intent of the Code requirements for a Variance.
. .. Minute Motion was. made that staff .be.directed to advise' the City..Gouncil that the Planning.-Commlssion persists
' . in its feeling, that 'no- Variance should have been 'grantec because of .the failure of the appTitation--to demonstrate that the pub1 ishkd criteria. for a Variance .had 'been
.is their pleaswe to go ahead and grant the Variance,
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.. met. Also the staff should advise the'council .that if
. .then is. should be subject to the five (5) conditions
. '. ' contained in the.,staff'report.of Feb. 26, 1974." The
.- Planning- Director should. :relate to the Council: the i.nten
. . * . and ,. purpose of.'the Variance requirements.. , .. ' ..
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. . ..Report to Planning Commission regarding Appeal...of a. decision.-of the P.lanning Conmission ,on a Chang-e of Zone request by JUSTUS GILFILLAN, Planning Director stated there would be no formal
. action required by the. Commission, this was .just a report for their information. . .
Chairman Casler stated she had attended the City Council meeting when they .heard' this Appeal. . She said the persons who spoke so strongly against this applicati at the Planning Commission meeting, were not present'a-t the City Council hearing, and only one person.who had not addressed the Commission was present to speak at the Council hearing. Planning Director stated he felt the Commission should give staff some sort of direction for a report back to the City Coupcil .
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MOTION: Ayes:
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PLANNING COMMISSION MEETING February 26 , -1974
-7- - Commissioner Jose stated he would abstain from.action taken on this matter as he was not present for the January 22, 1974 hearing of this proposal. ..
Commissioner Wrench stated he listened very intently whi
.those persons opposing this matter spoke to the Commissi
and he-felt they had very goad convictions. He also said he feels the requested RD-M zoning is not the prope zoning for that area, and the effect on the circulation problem would be felt. Chairman Casler stated she felt the suggestions from the Circulation Committee that have been working on the General Plan,. for the Adams Street area, should be included in a reply to the- City touncil for their consideration.
There wa3 some question raised as to the process of
notification of property owners by another department.
It Mas stated that the property owners are.notified by
each department before a pub1 ic hearing. is'. held. Staff
.was asked .to check to be sure all property owners had
been notified before the Council hearing. .It was noted
.it would be done.
- Motionwas made that the Planning 'Commi'ssion postpone a
rep-ort on this matter and instruct staff to. come .back
with .proper language to. reply back to the City council.
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PUBLIC HEARINGS ON ORDINANCES .. .WERE .. NOW CONTINUED:
5(c) CASE NO: ZCA-55 - An Ordinance. of the City Council of-the City of Carlsbad, California, amending Title 21 of. the Munici'pal Code.by.establishjng the E-A (Exclusive Agricul tura4' Zone- Dis€rict). ..
Chairman Cas.ler announced that the Land Use Committee mad.e a reque.st that ,the Commission hear -these'Ordinances .tonight, but hold their final vote until an adjourned
' meetirig. could be- held for -further: dis.cussion..
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: Planner. Mike Zander explaihed the Ordinance., and-reviewe
briefly the basic changes that were suggested. at the
.last meeting, ' .
The.r wa-s general discussion'-from the Commissioners . .
and f taff, and .as no one was" in the audience wikhi-ng ._
to speak on 'this item, t-he public..heari.ng was .opened,
The.uses"for' C.U.P.., R. Zones arid R-A Zones. were dis"' '
cussed, and Commissioner Wrench said .he felt the
agricultural activity is an esteemed part of the on-
going charadter of Carlsbad. .
After further discussion, and suggested amendments, the following motion was made:
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-and closed again. . .
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Motion was ma.de that the Planning Commission recommend .to the- City Council the adoption.of ZCA-55, with amendments.recommended to .staff.
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(d) . CASE NO: ZCA-57 - An Ordinance of the City Council
of- the City of Car,lsbad , amendinq Title 21 of the Carlsbad Municipal .Code by establishing the 0-S (Open Space) Zone Distri tt.
Public hearing was opened, and as there was no one wishing to speak for or against th'is matter, tFe public hearing was closed.
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MOTION.: ..
Ayes :
Abstain.
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MOTION:
Ayes :
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PLANNING COMMISSION MEETING
February 26, 1974
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There was general discussion by the Commission, stating'
t.hey had reviewed this Ordinance previously, and- with no further suggestions for changes, made the following motion: That the Planning Commission .recommend to the City Counc the adoption of ZC.4-57, with-the proposed changes as adopted by the Commission to be included. ..
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5(e) CASE NO: ZCA-54 - An Ordinance of the City Counci'
Municipal Code by,establishing the FP' (Floodplain) . Overlay Zone District. ..
The Commissioners again stated they felt' they had reall:
.making an addition and minor word ctiange in the "Intent
' of the City of Carlsbad, Amending Title 21.of the
' - "worked over" this Zone Code Amendment and aside from
. . and Purpose" section of. the Ordinance,; had no further
;.. xomnents. .
. . -. .Pub1 ic Hearing was opened ,- and as there was no 'one in
... the audience wishing to speak on this matter, public hear.i'ng was closed'. ..
I .Motion was made that the Pl.anning Commi'ssion recommend
. to the City Council .the adopti.on -of ZCA-54, with change:
. . as noted. .. ..
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' ' 5(f)CASE -NO.: Z.CA-58 - An .Ordinance df the. City Council
.. of the City-of Carlsbad, Amending Title 21 of the Municipal Code by establishing the- SP (Scenic Preservat .. Overlay Zone Distri'ct. -.
. .. Public Hearing was opened on this mat.ter. ihere.-was no one in the audienc.e .wishina to sDeak for-or aaainst ~~
proposed Amendment, pub1 ic he.ahng .. -was clos6d..
was general dis.cussion by the Comnission,errj,
r the' previous Zone Code Amendments, stat,d they they had discussed dnd changed the 'Ordtnance ad
ly felt, with the except'of a fp~ m'inor word ..
ges ?F&%~ by ,hRF?~i,~C,iEW tasl er , that this-
nance .should, be forwarded to the Council,. .. , .
on was made the Planning Cornmi ssion recommend to
City Council the adopti.on of ZCA--58, as.amended.
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CASE NO: ZCA-dl - An Ordinance OF the Cjty
cil of the City of Carlsbad amending Title 21 of
Carlsbad Municipal Code by establishing the CL (Coa Lagoon) Resource Management Overlay Zone District.
e,wa.s a lengthy discussion of .th:iS Ordinance by
the Commissioners. Many amendments Were suggested for various parts of ,the Ordinance, namely, the Intent and Purpose section. Mike Zander, Planner, gave a brief presentation as to the need for this zone and how it would relate to the other Ordinances that had been adopted this .date. Pub1 ic Hearing was opened, and Mr. Perry Lamb, Shore Drive, Carlsbad, addressed the Commission. He. had comments and amendments, as did Mr. Ted Richmond of
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s.D.G.&E.
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MOTION:
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PLANNING COMMISSION MEETING February 26, 1974
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There was no one else to speak on this matter, and the public hearing was .closed.
.After further discussion ,by the Commission, Commissioner
.. Little stated he felt the suggest,ed amendments were too numerous to be cleared up tonight and would suggest. an adjourned meeting-be held to review this Ordinance again.
Motion was made to open .the public hearing'again and continue same to an adjourned meeting on March 8, 1974
. at 9:00 A.M. (needed to reopen hearing) ' ..
. Motion was also made to continue ZCA41 to the adjourned meeting of' March 8,-1974 at 9:00 A.M. .
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. .. . 5 (h.) CASE NO: ZCA-60 - An 0rd.inance of' the. City Council .of the City of Carlsbad, Amending T.itle 21 of ttie City .o'
. : Carlsbad Municipal Code by establishing the.AG (Agricuitl
... Resource Management Overlay Zone District,
._ Public Hearing was opened and Mr. Perry Lamb, Shore.Driv1 Carlsbad advised the Commissioners he felt after.reading the whole. Ordhance, that it was a ,very unnecessary Ordinance and could be.disposed of. He stated the
... areas covered in this Ordinance are mos,tly covered i'n
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.. other 'Ordinances, and this zone was not needed. ..
. After lengthy discussion, the Commission felt they 'needed m0r.e time to work on -this Ordinance and made: the following. motion: - . Motion was made to -continue this public.. hearing.on ZCA-GO..to th'e adjourned meeting of Ma-rch '8,. 1974 .at
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.. - 9:00 A.M. in the City Council Chambers: .. ..
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' 5.. ( i ) CASE NO.: 'ZCA-59. -' An Ordinance of the City -of -. Carlsbad Amending Title 21 of the .City 'of Car1s:bad .Municipal Code,: by establishing Hillside Development Standards. . .. ..
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. 'After a briefing by Mike Zanier, 'Planner, the Commission stated. they f,el t this Ordi'nance needed more work,. and 'suggested a. 4 week' d.elay before bringing it back again. Planning .Director Agatep suggested the Cominissi'on may .
Hillside Ordinance will be covered in-other ORdinances ' that had been presented.
* want to table this matter-for the present, as the
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, Motion was made to Table ZCA-59, and if brought back to ttie Commission, it will. be re-noticed.
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ADJOURNMENT
By proper motion, the meeting of February 26, 1974 was adjourned to March 8, 1974 at 9:00 A.M. in the City C0unc.i 1 Chambers. Adjournment came at 1:15 A.M. """"""""""""""""""""""""""-
Respectfully submitted,
Recording Secretary
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