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HomeMy WebLinkAbout1974-11-12; Planning Commission; MinutesI ON CITY OF CARLSBAD MEETING OF: CARLSBAD CITY PLANNING COMMISS DATE : November 12, 1974 TIME: 7:30 P.M. PLACE : Council Chambers CALL TO ORDER ROLL CALL Commissioners Watson, L'Heureux, Wrench, Fikes, Jose Chairwoman Cas1 er. Commissioner Dominguez I Chairwoman, Mary Casler, introduced the new Planning Commissioner, Steven M. L'Heureux, and explained that he will take his place as a member of the Commission officially on November 26, 1974. I I APPROVAL OF MINUTES AND RESOLUTIONS 2(a) Minutes of October 22, 1974 meeting approved'as amended: ma), Page 1 will show which Commissioner made the motion and what the votes were. Item 5(a), Page 2, Paragraph 5, will show Commissioner making the motion and what the votes were. I (b) Resolution 1107, Ebenezer Church, Conditional Use Permit, was continued to November 26. 1974 because of a lack of a quorum on this item. This was done after discussion by the Commission and the question of whether any new inform- ation may be obtained regarding this. Late arriving letters of disapproval will be added to those a1 ready listed prior to. the November 26, 1974 meeting. WRITTEN COMMUNICATIONS 3. Planning Director Don Agatep mentioned that written communications all had a connection with items on the agenda and would be discussed at that time. I ORAL COMMUNICATIONS 4. None I' I PUBLIC HEARINGS 5. Case No. MP-153 - Lomas Santa Fe Development Corporation Request for approval of a Master Plan to allow planned industrial development and planned residential develop- ment on property located approximately 1/2 mile east of El Camino Real on the north side of Palomar Airport Road.. Planning Director Don Agatep gave staff presentation, explained graphics and recommendation of approval as out- lined in the staff report. Mr. Agatep explained that in the three weeks since the last Commission meeting, staff had reworked the original report and were resubmitting it to the Commission. Objections raised by the applicant were outlined in a memorandum and staff's point of view given on each. Don McClelland, representative of Donald Loker, applicant, and Lomas Santa Fe Development Corporation, stated he appreciated the time and effort taken by the staff to work with them. COMMISSIONERS PRESENT ABSENT Motion Ayes Absent t COMMISSIONERS CITY OF CARLSBAD Page 2 - P1 anni ng Comnission Meeting 11/12/74 Clarence H. Dawson, Rancho Agua Hedionda Los Monos, explained his concern about drainage in the northeast corner of the property and presented, several color slides of the area. He asked that houses not be built on the north slope. Tim Flanagan answered questions regarding the circulation element of the General Plan and drainage problems anticipated. Mrs. Ida Dawson spoke about her concern with drainage in the northeast corner and that she felt there should be no construction on the north slope. Robert Johnson, University of California at San Diego, Office of Architects and Engineers, stated they were con- cerned about drainage also. Since the applicant is planning no building north of the dividing line, the University has no objection to the Master Plan. Public hearing was closed. After substantia.1 discussion among the Commission, it was moved and approved by a 4-1 vote to recommend to City Council approval of the Master Plan per staff recommenda- tion and subject to changes in the October 22 staff report which were outl.ined in the staff report of November 12, 1974. """""""'""""""""""""""""""""""""- 5(a) Case No. ZC-142, CT 74-4, EIR 242 - Leadership Homes - Request for approval of a Zone Change from R-1-10,000 to R-1-7,500 and Open Space and approval of a Tentative Map to allow the construction of some 234 single-family homes on 107 acres located generally southeast of El Camino Real and Route 78. Planning Director Don Agatep gave staff presentation and explained graphics. Staff and applicant have agreed to the Open Space portion of this item, even though the original application does not state this. -. It was moved and unanimously approved to certify EIR 242, and also to recommend to City Council approval of ZC-142. William Rick, Engineer of the project, stated he would 1 i ke the words "where appl icable" added to Condition #25 on the Tentative Subdivision Map. He asked that Conditio #26 be worded so as to specifically state that lands- caping requirements are being levied on the manufactured and graded slopes and that landscaping programs are not expected to be applied to natural vegetation that will remain. Mr. Agatep stated the condition was for erosion control purposes and could be reworded. It was moved and unanimously approved to recommend to City Council approval of Tentative Subdivision Map 74-4 after amending Condition #26 prior to City Council hear i ng . """""""""""""""""""""""""""""-"" Chairwoman Casler suggested that CT 74-14 be heard at this time. However, since the applicant was not in the audience, it was continued to the place assigned on the agenda. ................................ Motion Ayes Noes Absent Motion Ayes Absent Motion Ayes - Absent + X X X X ..I a -T - 2- COMMISSIONERS CITY OF CARLSBAD Page 3 - Planning Commission Meeting 11/12/74 (b) Case No. CUP-101 - F. E. Britt for Continental Service Cc Request for approval of a Conditional Use Permit to a1 1oh a temporary bank under the provisions of Municipal Code Section 21.42.06 located on the east side of El Camino Real between Haymar Drive and Marron Road. Planning Director Don Agatep gave staff presentation and exDlained qraphics, stating staff's recommendation for approval OF cup-loi . F. E. Britt, Continental Service Company, explained that the Bank of America was definitely going to establish a permanent banking structure, even if they had to make it a co-venture. Plans should be submitted within three months. After some discussion regarding Condition #5, Vincent Biondo, City Attorney, explained that the condition taker its foundation in an amendment to the Code covering so- called temporary uses utilizing sub-standard buildings. The Ordinance precludes the use of temporary structures for more than a year, but does permit an extension. Condition #5 is an attempt to allow the extension, but require constructipn within this extension period. Director Agatep explained the time element of the con- struction of the facility as presently anticipated. Public hearing was closed. It was noted that no public protest was filed., After substantial discussion, it was moved and unanimous1 approved to grant CUP-101 based on reasons and conditions as outlined in the staff report. Staff was instructed to prepare all necessary documents for approval. """""_""""""""""""""""""""""""""~ (c) Case No. V-245 - Michael Straub - Request for approval 01 a Variance which requires sixty feet of street frontage for every lot in the R-1-7500 zone district on property located at 3785, 3859 and 3885 Monroe Street on the west side of Monroe Stre.et between Park Drive and Magnolia Avenue. Planning Director Don Agatep gave staff presentation and explained graphics, stating staff's recommendation for I approval of V-245. Michael Straub, 3735 Catalina, Carlsbad, explained the project and was, asked questions by t,he Commission. Public hearing was opened. Jim Einum, 3820 Monroe Street, was afraid of compounding the problem of dusty driveways from one to eight. He was assured by applicant that driveways would be paved. Mrs. Hersey, 3830 Monroe Street, spoke on elevations of houses to be built. This discussion was considered not proper under a variance request. Philip Hindman, 1797 Andrea, asked questions about the low level of the lots and sewer connections. City Engineer, Tim Flanagan, explained that all drainage and sewers would have to comply with City requirements. I Motion Ayes Absent Y k - 3- CITY OF CARLSBAD COMMISSIONERS Page 4 - Planning Commission Meeting 11/12/74 Pub1 ic hearing was closed. It was moved and unanimously approved to grant V-245 and to add Condition #5 stating that no permits be issued until the Public Facilities Policy is satisfied. (d) Case No. V-246 - Clarence Hall - Request for approval of a Variance which would allow the creation of a panhandle lot to be located at 4145 Sunnyhill Drive. Planning Director Don Agatep gave staff presentation and explained araDhics. statinq staff's recommendation for approval. Correspondence Trom Mrs. George Wi ndrum opposing the project was referred to. Also a petition was received this date with approximately thirty signa- tures in opposition. ". Clarence Hall, Agent, stated briefly that his case was a' in the application. David Minnich, Realtor, spoke briefly in favor of the variance. Angelo Carli , 3401 Woodland Way, owner of the property immediately north adjacent to the panhandle being pro- posed, spoke in opposition. He felt a home on the proposed lot would block his view. He purchased his lot with the understanding that a home could not be built in the area of the proposed lot. A1 ton J. Annabl.e, 4220 Sunnyhi 11 , spoke in opposition ani mentioned a document he had with him listing restriction! on this property. This document is supposedly registerec with the County and one of the restrictions is prohibit- ing the construction of more than one house on a lot. Also speaking in opposition, in the most part expressing concern with their view lots, were: Wm. J. Hagerty, 1450 Oak Street; Alexander Chase, 4115 Skyline Road and Ann Carli , 3401 Woodland Way. Clarence Hal 1, 1530 Indian Summer Court, San Marcos , Agent, stated the only valid reason he had heard was the concern about the view. He asked for a two-week con- tinuance in order to bring in a contour map to show the concerned property owners that the construction would not obstruct any view lots. Walter Gierszowicz, 1,645 Irving Avenue, Glendale, Owner, assured the Opposition that he would not obstruct any view lots, including his own. Chairwoman Casler stated the Commission would like to * have time in order that the City Attorney might look into the legality of any restrictions which might be on subject property. Public hearing was closed. It was moved and approved by a 4-1 vote to close public hearings and continue this item to November 26, 1974. Staff was instructed to investigate the alleged C.C.&R's and/or deed restrictions which apply to subject property Staff was instructed to report on the relationship of the zoning action approved by the City and the responsibility of the City with respect to C.C.&R - 4- Motion Ayes Absent Motion Ayes Noes Absent " ).- CITY OF CARLSBAD Page 5 - Planning Commission Meeting 11/12/74 ~~ ~ enforcement. Report will be given to the Planning Commission at the November 26, 1974 meeting. ................................. ~~~ (e) Case No. CUP-98 - Amendment to PP #20 - Jay F. and Maryon 0. Hoffman - Request for approval of a Conditional Use Permit to allow a retail sales nursery and an amendment to in existing precise plan to permit real estate uses at the Marja Acres Country Store on a site located on the south side of El Camino Real , 800' east of Kelly Drive and west of the present City boundary. Planning Director Don Agatep gave staff presentation and explained graphics, stating staff's recommendation for the amendment to PP #20 and the CUP-98. Jay Hoffman, Owner of the project, stated his case. It was noted that no public protest was filed. It was moved and unanimously approved to recommend the amendment to PP #20 and to grant the CUP-98. The resolution is to be returned to the Commission on the Conditional Use Permit. The staff was instructed to insure that.all requirements of the parcel map applica- tion submitted by Mr. Hoffman have been met, including plan check of improvement plans and necessary bonding agreements prior to the November 26, 1974 Commission meet i ng . I UNFINISHED BUSINESS 6. None NEW BUSINESS 7(a) Case No. CT 74-14 - Templin Heights - Request for approval of a Tentative Subdivision Map on property located on the east side of El Camino Real between Elm Avenue extended and Chestnut Avenue. I Planning Director Don Agatep gave staff presentation and explained graphics, stating staff's recommendation for I approval . The Commission discussed the San Diego Gas & Electric Company's easement and Condition #21 stating the City's responsibility for maintenance of the open space ease- ment at some length. ' Cliff Burford, Director of Planning, Investor's Develop- ment and Mortgage Corporation, stated no objections to the Conditions, but commented on Conditions 1, 9, 16 and 21. I Condition 1 - whether or not this time element could be extended. Condition 9, Slopes to be 2:l - the request was made to have this changed to 1-1/2:1 for two areas. Condition 16 - the request was made to change wording to "The City shall acquire and the appl icant shall purchase from the City the small offsite parcel ... . ..". Condition 21 - the request was made to amend the Condition to show grant in fee Lots A, B and D and an Open Space Easement over Lot C. Motion Ayes Absent COMMISSIONERS X - 5- CITY OF CARLSBAD Page 6 - Planning Commission Meeting 11/12/74 "-e Tim Flana an was questioned about the 1-1/2:1 slope and in lcated his objection to changing this Condition. There was some discussion among the Commission and appli- cant regarding a roadway which does not align with Leader ship Homes project directly across from Templin Heights. Various ways of hand1 ing the problem were discussed. After substantial discussion, it was moved and unanimously approved to recommend to the City Council denial of Tentative Subdivision Map identified as Exhibit B dated 10/22/74 and approval of Tentative Subdivision Map identified as Exhibit D dated 11/12/74 for reasons and subject to conditions outlined in the November 12 staff report. Condition #16 shall be rewritten to read: "The City shal acquire and the applicant shall purchase from the City the small offsite parcel.. . . . .'I. Staff was instructed to reword Condition #21 - "The applicant shall grant in fee Lots A, B and D and shall grant an Open Space Easement over Lot C to the City con- current with City Council approval of the Final Map for Phase I. The applicant shall provide the following improvements within Lots A, B, C and D .........'I. The last sentence shall read "The City will be responsible for maintenance and liability". Minor administrative changes shall be made in the wordin5 of the Conditions. The Commission also directed the City staff to work with the applicant and Leadership Homes to work out the problem of the roadway alignment. At this point, Commissioner Watson recommended that more detailed information be given to the news media regarding Commission-approved projects; inasmuch as each hearing on a particular case seems to appear to the public as an entirely new project. LATE ITEMS 8. None INFORMATION ITEMS 9(a) Memo regarding Presentation of San Diego County Office of Environmental Management - It was agreed to start the November 26 meeting at 7:OO p.m. in order for the Commission to see the slide show offered by the San Diegl County Office of Environmental Management. There will be an article written for the newspaper regarding the show, also. (b) Letter from CPO dated 10/21/74 - There wi 11 be a time set to hear the CPO proposal on transit systems. (c) Pamphlet from University Extension at Berkeley re. Current Planning Practice - Commission asked the staff to write to the University Extension regarding the two- clay seminar on Current Planning Practicta, The previous A"" ." , . - 6- COMMISSIONERS Motion Ayes Absent i n z Y: .. . K c "- COMMISSIONERS CITY OF CARLSBAD Page 7 - Planning Comission Meeting 11/12/74 date for this seminar. Martin Chamberlain was named as the person to write. (d) Letter from Joseph Eggleston regarding Transit Meeting - This was discussed concurrent with Item 9(b). (e) Letter from concerned citizen - No comment by Commission. (f) Letter dated 10/31/74 from Carlsbad Unified School District regarding Parcel Split No. 253 (Freiburger) - Presented as an information item only, no discussion. ADDITIONAL ITEMS Tim Flanagan announced there would be a three-day nationa conference relating to bicycle paths at Vacation Village in San Diego December 4, 5 and 6. Kent Whi tson will explain the bicycle portion of the Circulation Element Friday, November 15, 1974 in the Engineering office. The idea of one or possibly two Commissioners attending City Council meetings, especially on matters where there could be controversy, was discussed. There was no 10. Meeting was adjourned at 12:05 A.M. -7-