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HomeMy WebLinkAbout1975-05-13; Planning Commission; Minutes0 I COMMISSIONERS CITY OF'. CARLSBAD MEETING OF: .CARLSBAD CITY PLANNING COMMISSION DATE : MAY 13, 1975 TIME: 7:30 P.M. PLACE: Counc i 1 Chambers I CALL TO ORDER . I . ROLL CALL -. Commissioners Fikes, Jose, L'Heureux, Packard, Watson, Wrench Commissioner Dominguez APPROVAL OF MINUTES AND RESOLUTION The minutes of the meeting of April 8, 1975 were approved with ti exception of the.rpotion on Page two on Case No. V-248 regarding the votes of Commissioners Watson and Wrench. The minutes of the meeting of April 22, 1975 were approved as su~ mitted. ' Resolution No. 1145 (Freiburaer V-248) amroved as submitted. Commissioner Jose wished the minutes to reflect the reason he voted no on the application was because he felt the application did not meet the Variance requirements and the City would be setting a precedence in that area. Commissioner Packard abstain' because of not being. on the Planning Commissi.on at the time of hearing the appl icati on.. WRITTEN COMMUNICATIONS Planning Director Don'.Agatep mentioned that written communica- tions a1 1 had a connection with. items on the agenda and would be discussed at that time: ORAL COMMUN.ICATIONS * .. None PUBLIC HEARINGS Continued 1. Case No. CUP'106 - John' D. Lusk & Son - Request for approva of a Conditional Use Permit to allow constructi.on of a 414- unit mobile home park on property located on the riorth side of Poinsettia Lane between 1-5 and the AT&SF Railroad. . Planning Director Don Agatep explained.the request and location of this project. Mr. Agatep referred to the staff memorandum and the applicant's letter requesting a two-week continuance; inasmuch as they are still working on design and land use concerns and feel certain they wil.1 be ready o May 27, 1975. The Planning Commission unanimously approved the recommendation of continuance to May 27, 1975. 2, Case No. SP-168 - Raca Development Company - Request for ' ' . approval of a Specific Plan for 156 dwell ing units on an 8- acre 'p'iece of land zoned P-C and located on the south side of Park Drive between Marina Drive and Neblina Drive, front ing on the north shore of the Agua Hedionda Lagoon. ""-""""""""""""""""""""""""""""" . , Planning Director Don Agatep gave staff presentation,. ex- plained graphics and recommendation of approval as outlined in the staff report. He explained this item was a public hearing at the Apri 1 22, 1975 meeting and was discussed with changes being made in conditions after the closing of the public hearing. Mr. Agatep explained that if all con- ditions are to be met by this applicant, it may be necessar to adjust some of the structures; therefore, staff would like to strike the last sentence in Condition #1 requiring -'*---"--"-""-~~.. -."..-_."* .""-," _"_"" "" __ ~ _". -'--*"~"*----. -~.*.-I.-.C--"-.~..~ . .,. ...."~_..,y_........_.~."_.I ".,.*,l_,,__,,_ "I.r. ~ _,..,._,. .,_ _,._,^.,,,. *..-*__,, F Present Absent Motion Ayes Absent Motion Ayes Absent Motion Ayes Noes . Abstain Absent -. ., '. Motion Ayes Absent - -. "l..".". L . %.. .". W".," ",. .. A. *.. !. \ X CITY 0 F' CARLSBAD Page 2 - Planning Commission Meeting 5/'13/75 I the exact si tings of all structures to conform to Exhibits A and C. It was .explained the applicant understands and agree with. all .the conditions. .. The question was asked of Tim Flanagan, City Engineer, if Condition #13 -requiring a 5-ft. utility and,tree planting easement along a1 1 pub1 ic frontage was necessary and his answer was no, not with the extensive landscaping and parkwa In questions raised as to Condition #11, it was felt 'that when the applicant referred to "four" loft areas instead of "eight", it was merely a misunderstanding of the area refer- red .to and was not deliberate. Commissioner Jose wanted to go on record noting his opposition to the allowance of any- thing over the 35-ft. height 1 imit. Commi ssioner 'Packard opposed this allowance because he felt any architect could reasonably justify increase in height through architectural design. Commissioner Fikes presented the other side stating that if something like this adds to the architectural evalu- ation of a building, he would not like to see it denied. It was moved and approved with a 5-2 vote to recommend to City Council approval of SP-168 with the following changes i conditions of apprdval i Condition #1 - dilete last sentence. What will be the , last sentence now, should read: "All buildings, roadways,. landscaping, parking, building sitings, ' ' and other features, etc. . . . . . . 'I. . .. areas. Condi.tion #1) -.will be changed to indicate "eight" lof Condition #12 - will now read: Adequate fire protectio shall be ensured through a combjnation df fire resistant building design materials and construct- ion of water mains and hydrants. This shall be ' .accomplished in a manner acceptable to. the Build-. ing Department. Condition-#13 - will .be eliminated and remainder of con di tions renumbered. Cond'i tipn #20 (to be added) wi 11 read: Erosion control and slope planting shall be to the satisfaction of the City Engineer pursuant to such standards as the City may adopt. .. """"-""""""""""""""""""""""""""."- 3. Case No. ZC-155 and ZC-156 - A recommendation that 'ZC-155 .and ZC-156 be approved. This is City-initiated rezoning to Open Space the. various schools, parks, lagoons, beach areas space areas, all of which is located within the.City limits. ' and other sites designated on the land use plan as open Planning Director.Don Aiatep explained both cases are City initiated; staff is recommending rezoning a number of parcels from their existing zoning to Open Space. ZC-155 covers all school sites and ZC-156 involves a71 parks, lagooFs, beaches, etc. Mr. Agatep explained that,staff.is requesting deletitig Parcel .#2 under ZC-156 - Pi0 Pic0 -. because a wrong list was obtained for mailing purposes; this can be heard at a later date. . Public hearing was opened. Ted Richmond, San Diego Gas and Electric Company, stated that three items on the rezoning involved San Diego' Gas and Electric Company. Even though he had been told Mr. Bedaux, City Planning staff, had talked with a company representa- tive on this, he would appreciate deleting these three areas at this meeting - the Agua Hedionda Lagoon, the San Diego Gas & Electric.Lands and the Carlsbad Beach area. """"-"-~-""-.-~-...",~.~ ".."~"-.-."" ""**"""","-* COMMISSIONERS Motion Ayes Noes . Absent .. .... $"*-...,""I." "".>..".."..L _.., X RX xx I.. I - 2- c CITY OF' CARLSBAD Page 3 - Planning.Commission Meeting 5/13/75 Public hearing was closed. The Commissioners discussed the question of"de1eting the properties in question .by Mr.' Richmond.. It was ppproved with a 6-1 vote to recommend approval of ZC-155 as submitted. and ZC-156 with the following exception: a) The exhibit numbers should be corrected, as: follows: the Magee property .is Exhibit 7, the Greenwood property is Exhibit 5 and the.Valley Junior High School site is Exhibit F. b) Because of wrong information received from the County, the property owners who should have been notified concerning the Pi0 Pic0 Park Site were not. This 'is Parcel #2, ZC-156, and was continue( to June 11 , 1975. c) At the request of Ted Richmond, San Diego Gas and . Electric Company, the Agua Hedionda Lagoon (16), the San Diego Gas. and Electric lands (16a) and thl Carls.bad .Beach Area (18) shown on ZC-156 were als~ .. continued to June 11 , 1975. ................................. 4. , Case No. V-250 .- Michael Straub - Request for approval of a Variance to allow two 20-ft. driveways leading to a double 'panhandle .lot instead of the required 60 ft. of street fron age on 1.05 acres-located at 1200 Chinquapin Avenue. Assistant Planning Director Bud Plender gave staff presenta tion:exDlained araDhics and recomnendation of denial as . outlined' in the itaff report. .Staff was asked if the property to the east was held by the same owner, .and Plannel Dana Hield stated they were until a few weeks ago. Mr. Plender explained that there were other options for develop- ment other than a panhandle lot; Commissioner Jose 'stated he felt there was not substantial findings to'approve a Variance. # Public hearing was opened. .. Michael Straub; applicant, felt his.application met all'ttre reauirements of a panhandle street frontage and the parcel * that would be created would be larger than those created in' the a'rea recently. His objection to developing .this in con. junction with the larger parcel to the east was his opinion that it would promote a higher density when he .feels this i: not what the City wants,. The other lots around it have bee! developed and he cannot develop this property without the After being asked if Mr. Straub knew what plans there were to dcvelop the larger' piec,e, a gentleman in the audie,nce stated the purchaserhad no. immediate plans. . Variance. .\ . Tony Howard-Jones, Rea'ltor,' 3985 Park Drive, agent for Don Levine who still has title to the property in question, . said Mr. Levine had asked. whether this parcel was an asset relative to the parcel to the east and in his contact with , developers it was felt this was not significant.. The lot should stand on its own as far as the'title is concerned and as a potential development. Mr. Howard-Jones read from a City policy on panhandle lots dated 2/19/63 which was found to be outdated. 'F Motion Ayes Noes Absent *. COMMISSIONERS P CITY OF', CARLSBAD COMMISSIONERS Page 4 - Planning'Commission Meeting 5/13/75 There was some discussion as to the existing house and the applicant,said. he intended to remodel it. CJillis Nowell, 4025 Syme Drive, said that as a property 'own within 300 ft. he was opposed to this appl i cation because o the driveways; there would be six on that side of the stree whereacthe other side has only three. Mr. .Nowell stated h was a partner in S. L & B Service Corporation and they had just bought the rest of the property from Dr. Levine but ca not develop it for five years; that is a contingent in the sal es agreement. Dave Minnich;. realtor representing Mr. Straub, told the Commission that subject property had a sign showing it for sale for over a month and the adjacent property was not sho . for.sale. Mr. Minnich asserted that both he and Mr. Straub came down to City Hall and talked with staff who saw nothin objectionable for this development. They'did not know ad- jacent property had been sold until the day before this mee After a few more questions asked of Mr. Straub, public hear ing was closed., , . Commissioner Fikes. poi.nted out that since the two propertie are separately .owned now they are looking at an entirely different situtation than presented in staff's report;' how- .ever, Mr. Agatep..stated that this fact does not do away wit the necessi'ty of looking at other considerations .for that property.. Commissioner Packard felt that ttie property- owner/applicant bought the property wlth the idea of going in with a panhandle development. It was. moved and approved with a 5-2 vote to deny the appli ation and ask staff to prepare resolution of denial in- cor,porati ng proper f i ndi ngs . The Commission. also directed staff, to furnish them with Cit policy covering panhandle. lots. . ing. .. ................................ A ten-minute recess was called at 9:lO P.M. 5. ' . Case No. CT 75-3 - Dale El kins - Request for approval of a, tentative subdiv'ision map.providing six condominium. units o 0.392 acre, one lot parcel, generally 7ocated.on the north- west corner of Gibraltar Street and Jerez Court, zoned RD-M ~ Three of the six units are under construction aS apartments ................................ 3. Planning'Director Don Agatep explained that staff had, draft ed a report recommending approval of this tentative map. However; the applicant filed a letter with the City dated May 12 requesting continuance for two weeks to ensure there is no misunderstanding between staff and applicant on the appl icant 's request; .. . . development of three new units. The staff concurs with .. It was moved and unanimously. approved to conti nu? .CT 75-3 to May 27, 1975. ................................ 6. Case No. ZCA-68 - A recommendation. that ZCA-68' be approved .. which revises the provisions of the C-1 and C-2 zones in regard to residential uses. Assistant Planning Director Bud Plender explained the amend ment and indicated that a previous application from a devel oper wanting to put residential uses in-a commercial zone and use the ground floor for parking had prompted this ~-~--""-~~~-""."~".."~.." ,..."..""."". " """ ".."" "_"_ -,"- -"-*"-'...---~-~ ...-..I-._.-_..-I.-.-^. ...- "*.. ..-.. _.__ ...,.._.,_,_"..._ _,__*,* .,,__ ___," .,,, ~,..C ..,",..,, ~,~~ cl__,,( Motion Ayes Noes Absent ., '. Motion Ayes Absent .".IC_ ..., e" ,.... .....".,."".- -..- . .I -4- , .- CITY 0 F' CARLSBAD ' Page 5 - Planning.Commission Meeting 5/13/75 , action. It was moved and unanimously approved to recommend to City Councii. adoption of ZCA-68' as submi tsed. UNFINISHED BUSINESS None NEW BUSINESS 7. Request for Report on General Plan Consistency - Vacation of a Portion of Unused ,Right-of-Way on Palomar Airport Road. City Engineer, Tim Flanagan, explained his graphics showing the location of the smalld approximately 31 ft. x.54 ft. tri angular piece of property. This is a section of road owned by the County and recently improved by the County and was perhaps saved as a roadway going into CabDt, Cabot & Forbes. Mr. Flanagan is asking Planning Commission's approval as to General Plan cowistency. It was unanimou,sly approved to recomnend to City Council adoption of the Resolution vacating the unused portion of tt Right-of-way on. Palomar Airport Road. Chairman Wrench introduced A1 len Meacham, a new member of the Planning Department. * DISCUSSION ITEMS .. 8. Report.on General Plan Elements: appraisal of status of '. State-mandated Elements. Planninq Director Don Aqatep expla'ined two charts depicting the status. of General Plan Elements and Open Space Zoning. INFORMATION ITEMS .. 9. Revision of Land Use Regulatory System. """"""""""""""""""""""""""""""""- Chairman Wrench r'eferred to a letter he had received from the California Department of Transportation indicating they would be happy to give the City more information anytime. Mr.. krench indicated that perhaps this was a little premature, but t'hat.we should look into what CPO has to say.. .The Commissioners requeste copies of this letter and/or mailing. Commissioner Watson requested a "thank you" letter be sent to the gentleman who.submitted the study of concrete floors vs. other types. . ................................. . ADJOURNMENT Chairman Wrench declared the meeting adjourned at 1O:OO P.M. to workshop study, session on May 21, 1975 at 6:OO P.M.' p Motion Ayes Absent Motion Ayes Absent .. COMMISSIONERS .I ... I ..I. - 5-