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HomeMy WebLinkAbout1975-07-23; Planning Commission; Minutesf 1 CITY OF' CARLSBAD MEETING OF: CARLSBAD CITY ,PLANNING COMMISSION DATE: July 23, 1975 TTME: 7:30 P.M. . . PLACE: COUNCIL - CHAMBERS CALL 'TO 'ORDER. '. 'ROLL. CALL -A1 1 present APPROVAL OF MINUTES AND RESOLUTIONS The minutes of the July 2, 1975 'adjourned.meeting Rere approved with the followtng corrections: Page 1 .- change the word Country to County Page 2 - change the word working to wording Th.e minutes of the July 9, 1975 meeting were approved as submitted, WRITTEN COMMUNICATIONS None .. ORAL COMMUNICATIONS * Nominations for Chairman of the Planning Commission to fill the unexpired term of Gary Wrench (Expires in April, 1977), were .held. Dr. Fi.kes.nominated Commissioner E. H. .Jose as Chair- . man. It.was unanimously approved to elect Mr:Jose as Chairman. Commissioner Dominquez nominated Dr. 3. 'C. Fikes as . vice--chairma'n. It was unanimously approved to elect Dr. Fikes as Vice-chairman. s RETURN FOR REPORT a. Larwin - Amended SP-104A: Planning Director Don*ald Agatep gave staff. prese.ntation and explained memorandun of July 18, 1975 and memorandum to Planning Commission dated 7-23-75 stating the Council's intentton to appro\ an alignment of '€lm Avenue. Mr. Agatep pointed out that the Commission could com- ment on-the Council's ac,tion and recommend addittonal conditions that cou,ld be added to the proposed .Specific Plan (SP-104A). There .was considerable 'discussion regarding item #3 of' the July 18 memorandum relating to the alley widths.. -It was the general.opinion .of the Commission that the. .28 ft. width would. be more pragmatic especial-ly if * parking were to continue .being a problem.. Commissioner L'Heureux stated he was in attemdance at the City Council hearing on the Larwin proposal:. Mr. L'Heureux was asked to bri'efly outline h4s interpreta- tion of the Council's action. He replied as follows: 1) Interference or lack ~f interference that ali.gn- ment 1 or a1 i.gnment 2 would have with reference to the Frazee Property. ..-""-""""-."-.""~.~*C."~.""" _."_.. "".* """"".. "...-I.....". -..-.-- .... ....." .- A"-.". ......La. ..... ^. "..""..-, .... I- "......... *.: .,-........ "" _._. /. COMMISSIONERS Present 9bsent 9ye.s . 4bstain 4ye s 4bstain .. \yes itrstain \yes 9bstain ..I". ..."_.. .- "..".I.. . .. .i i P., . . Planning Commission Meeting July23, 1975 Page 2 2) Concern tha't the existing siopes along the.Felkin an'd SL%B prop.erty lines. have. in fa'ct beco-me stab1 . -and if the road were moved the' slopes now would have to be cut, and. if the road were shifted to the north there would 'be less ear$h=movement. 3) Concern that perhaps there were other design. options open .to them other .than moving the Poad, i.e. raising street grade, and eliminating g+.-:',+~ parking lane. . , Commissioner C'kHeureux also stated the Council felt that either alignment from the traffic point of view was equally safe. However, they felt that alignment #Z would have less interference with concerned proper- ties than alternative #l. Aft.er substantial.. discussion regarding these points, i was moved and unanimou'sly approved to forward a Plan-., ning Commi'ssion memorandum to the City Council stating that the Commission had reviewed the Council's action and accepts the real-ignment of Elm Avenue and to in- clude the 1anguage.set 'forth in the Planning Depar.tmen memorandum of 7-23-75 as follows: "In the event the Elm Avenue Alignment is set at some- thing less than the .projected 42' north, the Planning Commission will support the City Council'-s ac.tion and does not see. the necessity of referring the matter bac to the Commission." Staff. was' also directed to include 'in the memorandum t the City Council the following: 1) Commtssion's.concern over item #3 in memorandum . to Planning Commission of.7-18-75 regarding width of Alleys (24' vs 28') and urge them to adopt the 28' width along with a no parking restriction in Phase I1 only. 2') . Commission.concurs with % participation in traffi signal. .- 3) Express Commission's-concer'n 0ve.r adequate guest' . the most important .. issue, more so than how many. parking in 2nd Phase, stating that 10-cation was - 1) Case NO. CUP 106, Lusk and Son - Request for con- ditional use permit to allow construction of a 414.uni mobile home park on north side of Poinsettia Lane be- tween 1-5 and ATASF Railroad. .Assistant Planning Director Bud Plender gave staff presenta$ion.and stated that a letter from'Caclsbad : Unified School District, dated 7-21-75 indicated faci- lities and servlces will be available corrcurrent with need; therefore changing. staff's recommendation'from denial to that of approva.1. Mr. Plender also explaine the graphics and stated staff's recommendation of adoption of-.Exhibit B dated* 7-18-75. After substantial discussion among the Planning' Com- missioners, public hearing .was opened. Donald Steffenson, Vice-,President in charge of Opera- tions for Lusk and Sons, spoke for the applicant. He concurred with the staff report and gave a brief out- """"~""~~"."~..^,rr.-r .."""-_"- ~ "" .. """*,"" - "-."..-.". _.-.".+.. .......- -." "" ,._.."_ ._". _. I "_.- I _.",_. X..,_ "I ;.r _,_.._ ". L"I _-.,_ .. Yo t'i on lye s MISS1 'ONERS .. X X -. I CITY GARLSBAD Planning Commission Meeting July 23, 1975 Page 3 line of the .proj.ect. He answered questions.directed by the .Comm.ission as to slopes, drainag,e,- etc. Th.ere was no public opposition to the project. Public Hearing itas closed. It was moved and unanimously approved to adopt CUP 10 as outlined and subject to condi.tions as outlined in the staff report wjth the following modifications: Condition #1 be changed to read as follows: "The approval is granted for the land described in the application and any attachments hereto, a as shown on the plot plan submitted labeled Exhi it B, dated 7-18-75, which shall be modified to accomodate the City Engineering staff's memorand and attached Exhibit C, dated July 18, 1975. The location of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be located substan- tially as sh0w.n on the plot plan labeled Exhibit B, except or iinless' indicated otherwise herein, and including the following modification: An additio'nal emergency access way to Avenida - de Enc.inas shall be provided at the northern boun'dary of the project, to be accomplished by deleting one mobile home pad. Gsest parking may be provided on the remainder o'f said pad but sha be designed to avoid blocking .emergency access." .. Condition #8 dealing with noise barrier shall be reworded to read: "Prior to occupancy of.,Phase barrier along the e.ntire.,. .'I . applicant shall install a solid mason.ary noise 4 Condition #14 shall be added stating: ."The. mature trees sikuated along Avenida de Encinas shall be retained whenever possible to the satisfaction o the City Engineer and Director of Parks .and Rec- rea ti on. I' *. Condition #15 shall be added stating: "Prior io the e approval of a Final Map or prior to issuance of ' a' grading -.permit, whichever'comes first, $44,512.36 shall be deposited with the'City of Carlsbad in accordance with the first Supplement to Agreement for ATSlSF Railroad Overcr'ossing at Poinsettia Lane between the City of Car1sba.d.and Occidental Land dated July 2, 1975." Condition #16 shall 'be added stating: "Guest parking, areas shall be clearly 'designated as "Guest Parking Only'.." Condition #17 shall be added stating: "'Lighting. shal be .appropriately placed in the common greenbelt areas to the satisfaction of the Planning Direc- tor. I' Condition #18 shall be added stating: ."The ap.plicaht or his successor in interest shall cause the cir culation system within the development to be posted 'No Parking'. The applicant or his successor in interest shall request the City of Carlsbad to assist in the enforcement of parking ""-"-"-"~-~".-C^"-." ..""","" * ".""- * "_. "-----~~-'~---' ~~-~--~~~~-~~~~"~-~"-"-- ..".". .....-. "., ".._"._.._..l..,""".~~",~ "._ Motion Ayes Noes CITY 0 I=' Plznning Commission Meeting July 23, ,1975 Page 4 i and tra.ffic:control ordinances as provided for in the appropriate sections of the Ca.li'forn.ia State .Motor VBhicle. Code." I 2) Case No. V-250 - Michael Straub - Request for approval of a Variance to al'low two 20 ft. driveways leading to a double panhandle lot instead Of the-re- quired 60 ft. of street fronta'ge. on 1.05 acres 10caQed at 1200 Chinquapin .Avenue. P1annin.g Director reminded the Commission that this matter was brought to the Commission a number Of months ag0.and was denied; the applicant then asked the Corn- mission to reconsider the Variance for a Panhandle lot inasmuch as he had obtained certain additional informa- tion that had not been submttted to the Planning Corn- mission that was pertinent to his caqe. Assistant Planning Director Bud Plender gave staff presentation and.explained staff's reasons for denial. . Public Hearing was .. opened,. Michael'Straub, 3360 Msnroe Street, applicant, spoke on his' behalf. He stated the reason he was requesting the panhandle lots was to create estate size lots with an Ocean View, ,with min-imal grading. Mr. Straub Stated his feelings that the panhandle lot policy presently existing in the Cit-y 'is too strict as 'relates with present day" needs. . Mr. Straub stated he 'does not concur wfth staff's report and feels that the project is not, detrimental to the property to the east and that it does compl'y with the General Qlan of the City of Carlsbad,. . . He stated that there was not goin'g to be two driveways, but only one driveway access to two houses. . He also stated that there would .be no less street parking than there is .now and that there would be more off-street parking available. .. Mr. 'Straub showed. transparancies .of property indicating how the panhandle as he' proposes affects the adjoining property. He stated that if he were forced to put in the 'ingress and -egress system as suggested by. staff that the adjoining property would not be able to dev- e1opctto its .full potential. He also showed transparan- CieS relating to slope level, drainage and earth move- ment required. He requested the Commission to adopt his plan as originaqly submitted. John McCoy, 390 Oak Stpeet, Carlsbad, owner of the adjacent propert-y to the east, spoke -in favor of the - project. . He.stated.his objections to a driveway on'the :west property 1 ineo and stated complete concurrence with Mr. Straub. .. .. ' J Public Hearing was closed. Planning Director Don Agatep pbinted out the- find'ings necessary according to section 21.50.30 for approval of a Variance as set forth in the Carlsbad Municipal Code Zoning Ordinance. He stated that if the Commission intended to approve the Variance.they must show finding per the zoning ordinance to qualify this particular application. COMMISSIONERS ,- CITY OF' J ARLSBAD Planning Commission Meeting July 23,.1975 - Page 5 0 After substantial discussion, it. was moved and approve to return this case' to the Planning StafT to.pr'epare the. necessary documents of a.pprova1 showing facts and reasbns for approval as outlined in .th.e zoning ord-in- ance of the Sarlsbad Municipal Code. Commissioner Domingu'ez requested that the minutes reflect that he feels Mr. McCoy's testimony supparts .Mr. Straub's argument for approval of the Panhandle Variance and that he feels that the necessary .facts and findings are met. as r.equired 'by the Carlsbad Municip.al Code.. . 3) Case No. ZC-164 - Ted L. Adams "Request for a Chanse'of Zone from R-1-7500 to RDM on ProDertv locaied at 1039 Chinquapin. .I " P1a.nning Director, Donald Agatep gave staff presentatiol and explai-ned graphics,. and stated staff's recommenda- tion of denial for change of zone from R-1-7500 to RDM but approval of zone chan9.e from R-1-7500 to RDM-Q. There was substantial discussion .regarding the-under- ground utilities', application of the 'IQll Zone, Circu- lation, etc. -Public Hearing was- opened. Mr. Little, .2475 Jefferson, owner of the subject pro-. perty, came forward on behalf of the applicant to answer any questions of the Commission. He stated tha' the deve.loper plan'ned to construct approximately 9 units on the property (6-1 bdrm, 3-2 bdrm) and that the units would be apartments. Karl Steffson, property owner i-n the vicinity,' spoke in opposition to the project, stating the the zone change was not in order at this time and that a .zone change should .be considered only when the whole block was in accordance. .. Howard Oldham, 1015 Chinquapin, spoke in oppos.iti'on. of the' zone change:. Mr. Oldham stated that the address . of the subject property as listed in the legal 'notice was incorrect. (Mr. Plender pointed'out it was n'oticed as submitte-d by the applicant). Mr. Oldham expressed his feelings of being strongly opposed to "piecemeal zoning". He stated he' felt that the zoning should all be done at the same time, w.hen the whole block was in agreement. It was pointed out to Mr. Oldham that each property - .owner has the.right to. present a zone change applica- tion per.thg ordinances of. the Ci-ty of Carlsbad. I - John Magill, 4340 Highland Drive, spoke in opposition of .the project. Expressed his feelings'that this zone change represents "Block Busting" and increases the t-axes of all the property .owners concerned. Mr. Magill recommended to staff not to change the zoning until . the whole block agrees to do so, .when it is ec.onomic- ally feasible for all concerned. \ Marjorie Wheldon, 30303 Via Rivera, Rancho Palos Verdes, CA., spoke in opposition of the project, referring to their letter submitted to the Planning ""."_ ~""-"-,",""~.,""".""~",, . """..-."" ~.~.""-.""..."""~ a,.... ..A .. ^... -..""-."-."-.-.U"-.""~.U""."-."" Motion. .Ayes COMMISSI I I I. - ONE RS 1 1 "1 .A . , .... I Commission dated' 7-10-75 stating-that rezoning of this property would leave approximately one acre o'f the Wheldon property located on the east side of Adams Street, dismembered and'of reduced value to prospectiv .purchasers. -. .. Public Hearing was closed. After substantial discussion it was moved and approved to deny ZC-.l64 'for the following. reasons: ' .. 4) Th.e Zone change would not be compatible to uses 2). . Th.e Zone change would create further tr'aff,ic Commissioners Jose 'and' L'Heureux requested that the minutes reflect that their No votes were in-opposition to the wording and contents of the motion and not to the denial of the rezoning. of surrounding land. circulation problems. .. Meeti'ng.adjourned for 10 minutes coffee break at 1'l:lO PM. Meeting reconvened. at 11:20 P.M., Commissioner Dominguez absent. . 4) Case No. 'ZC-158 - City Initiated for Ca1:Pacific Properties, Inc. - A request f.or a preannexational zone change from C-1 an'd RD-M to Cl-Q 'and RD-M-Q on a 16.5 acre-.site located at 'the northeast corner of Alga Road and El Camino Real. Assistant Planni'ng Director Bud Plender gave staff presentation and explained graphics. No one, spoke for or against the project. .. .. Public Hearing was closed. After substant,ial discussion, it was. moved and: unanimously appr0ve.d to adopt ZC-158 as outlined in the staff report.. .. 5) Case No. CT 75-5 - Denis Hobson - Reque.st for a one lot tentative tract 'map to create 5 condominian'! 'dwelling units witti common areas and pool on prqperty- located in La Costa, known as Los Brinos. .\ .Assistant Planning Director Bud Plender gave- staff . presentation and explained'.graphi.cs. ,. No one spoke for or aga.inst. the project. . '.. Public Hearing was closed. After substantial discussion, it was moved and unani- ' mously approved to approve CT.75-5 f-or reasons out- lined and subject to the conditions stated in the staff report and to forward to the City Council for the necessary documents. Motion Ayes N.o e s a. .. Motion Aye's Absent Motion -Ayes Absent ""."-... "-I""..- I . . 1.. COMMISSIONERS CITY 0 F' ,ARLSBAD Planning Commission Meeting July 23,'1975 Page 7 6) GPA 35 -- Sc'enic Highways Element - Request. for approval of the Scenic Highways Element of the General P1 an. .Planning Director Donald Agatep gave.staff recommenda- tion for co.ntinuance. to the August 13, 1975 'Planning Commission meeting. It was moved and unanimously approved to continue GPA 35 to t.he August 13, 1975 Planning CommiSsTon meeting. - UNFINISHED BUSINESS None. NEW' BUSINESS to _. develop landlocked areas ir Assis'tant Planning Uirector Bud Plender explained the purpose and intent.of €he block study for the-benefit . of the people in .the audience who remained for .the hearing. Mr. McMahan, 3551 Highland Dr., Carlsbad property owner spoke stating that he felt that the.City of Carlsbad - had an. obligat-ion to the landowners in the City of Ca'rlsbad. to.enable:property owners to develop-their land to its full potential. H.e staked. hls c,oncern as to what is going to happen, to the area concerned, if it was to become a multiple family area and lose its , rural effect. The application of the "Q" Zone 6eing applied to. the areas in question was discussed. It was.moved and unanimously approved to continue't.he Block Study to the August 13, 1975 Planning Commission meeting . DJSCUSSION 8') Public Facilities Policy Report was discussed. It was pointed.out during the discussion that it would be helpful to the Planning Commissioners when the staff report is prepared ,for-a' particular case of which' no .sc.hool letter has been received by the time of the public hearing and the case is.being denied on.that basis, that the staff report should also i.nclud,e the necessary recommendations for approval. ,. 9) Report on the Development Review Committee . process - There was discussion on the DRC process. It was' suggested that the pages of the Staff report be numbered and that the Recommendation section be placed on, top instead of last in 'the report. . .. , 10) The League of Cal ifornia 'Cities' Planning Workshop was discussed. The presentation of a plaque of commendation for Mr.. Wrench was discussed, along with the approval of Resolution No. 117T. Motion Ayes Absent .. Motion Ayes Absent *I".."-.- "_. ...."...._ -... \ .I . . ,I.. . "" ~-I-c "_ . . . .. " ""__."_ __"_ . .- . ." _" . .- . s44 Page 8 0 F' J ARLSBAG COMMISSIONERS CITY Pl.anning Comm ission Meeting July 23, ,1975 \ Dr. Fikes volunteered to have the presenGation party a his house toward the end of August. -ADJOURNMENT The meeting was adjourned at 12:15 A.M. to a work-shop -session to be .held on August 6, -1975. . .. 8 .. .' .\ .. . .. .. .L . .4. - 1. ....