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HomeMy WebLinkAbout1976-04-28; Planning Commission; Minutes.. .- CITY OF CARL: 3AD MEETING OF: PLANNING COMMISSION TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS . DATE: April 28, 1976 CALL TO OR.DER The meeting was called to order at 7:30 P.M. RO-LL CALL - All Present. PLEDGE' OF ALLEGIANCE APPROVAL OF MINUTES Minutes of April 14, 1976 were approved with the addition of the following statement: "Prior to the Public Hearings, Chairman L'Heureux advised all applicants that there were only four Commissioners present and for any application to 'be approved, all four Commissioners would have to approve it. The applicants were given the opportunity to have their hearing continued or proceed with only the four. Commissioners present. All applicants elected to remain. I' I Minutes of April 22, 1976 were approved with the the addition of the following statement under ZCA-80: "There was substantial discussion by the . Planning Commissioners." APPROVAL OF RESOLUTIONS Resolution No. 1236, Douglas Harwood, V-259 I Resolution No. 12.37, Susan Green, V-260 . WRITTEN COMMUNICATIONS - None . I ORAL COMMUNICATIONS - None PUBLIC HEARINGS (Continued from April 14, 1976 Hearing) . Case No. CUP-117, Bank of America, Continental Services Co. - Request to allow a temporary bank facility at Alga Road and El Camino Real. .. Planning Director Donald Agatep advised the Commis- sion that a 1et.ter dated April 19. 1976 had been received from the applicank requesting withdrawal of their application. The Staff recommends to t.he Planning Commission that this application be denied without .prejudice as this .would allow the app1,ica- tion. and proceedings to remain on file for refer- ence in the Planning Departmnet, and would not pre-. clude future options for development on the subject property. A motion was made directing staff to prepare the . the necessary documents for denial and present these documents to the Planning Commission at their meeting on May 12, 1976 for approval. . .- - ' CITY OF CARLAAD MEETING OF: PLANNING COMMISSION DATE : April 28, 1976, TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 2 Case No..ZC-175, L. Bruce Sta.llard (Agent) - Request for change of zone from R-A-10,000 to P-M. Planning Director Donald Agatep said that a letter dated April 22, 1976 had been received from the applicant requesting that this matter be continued to May 12, 1976 as his other application (ZC-1'76) will be'heard then and he would like them both to be heard on the same evening. The Staff recommend- ed that this matter be conti-nued as per applicant's request. A motion was made to continue ZC-175 to May 12, 1976 Case No. ZC-179, Rancho La Cuesta, Newport Shores Builders - Request for change of zone from RD-M to . R-1. Planning Director Donald Agatep told the Commission that a tract maD includinq the Dro.iect site was approved by the' City Council on'Au6. 7,.1973. The . applicant ,requested an extension of the tract'map in .July 1975. The Counc.il granted an extension for a revised tract map November 4, 1975 (Council Reso- lution 3854). Condition 1 of that Resolution re- quired the applicant to obtain a zone change to realign the RDM-R-1 zoning boundary in conTormance with the boundary shown on the tentative map prior to final map approval. This condition recognized the fact that the zone boundary did not conform with individual lot lines. However, during the course of revising the tract map for the extension, the developer changed his development program to exclude multiple-family units. Consequently, this condition now requires the removal of the RD-M area altogether. The Staff recommends approval as per the reasons outlined in the staff report. It was a concern of the Commissioners of whether the EIR was current and also-if the requirement for public facilities had been met. .Mr. Agatep stated that the request tonight was consistent with the findings of the EIR that was certified .on July 2, 1973 and that the staff feels that the. intent of the public facilities policy had been met through the previous approval, and recommended that school sites be selected at such time as develop- ment of the remaining area was proposed. Jack Gleason, Newport Shores Builders, 20951 Brook- hurst, Huntington Beach, California said that they-. agreed with.the staff report and all recommendations and were present to answer any-questions. Mr. Gleason was asked if his firm was prepared to . moved on a development program in the near future and he responded "Yes". There was then discussion by the Commissioners con- cerning this matter. A motion was made recommending approval of ZC-179 based on the findings and recommendation of the' Staff Report. Motion Ayes .x - Motion Ayes i ' CITY OF CARL: iAD ME.ETING OF: PLANNING COMMISSION DATE : April 28; 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 3 Case Nos. SP-176 and CT 76-#, La Costa Vale #4, La Costa Land Company - Request for approval of a Specific Plan and Tentative Tract Map for 117-lot subdivision. Planning Director Donald Agatep told the Commission that the Plannina DeDartment had received this date a letter from th; Enbinitas Union School District saying that this development is covered by an agree- ment between La Costa Land Company and this school district wherein a school site was donated to the district. This letter will 'be made a part of the file. ~~~~ ~~ Mr. Agatep also advised the Commission that a letter was received this date from La Costa Land Company stating their concerns and recommendations regard- ing Conditions 3, 4, 5, 6, 8, 9 & 12 in the Staff Report and also the discussion regarding Open Space Maintenance. This letter will also be made .a part of the file. Assistant Planner Allen Meacham then gave the. staff presentation and advised the Commission'that they had been given this evening a Supplemental InTorma- tion Report for their consideration and review. He then outlined all the suggested additions, revisions and deletions to the Staff Report. fir. Bob ladwia. Rick Enaineerins and Mr. Fred MoreJ, Vice President, La Costa Land Company discussed with the Commission their concerns and suggested changes to the various conditions. After a great dea.1 of discussion among all.concernec a minute motion was made directing staff to continuc this matter to the May 12, 1976 so that all the changes.could be incorporated into a new staff re- port for the Commission's review. 9:30 - 9:40 P.M. - recess. The meeting reconvened at 9:40 P.M. with all Commissioners present. Case No. SUP-1 was heard next at the'concurrence of the Commission since the applicant was available ,for discussion and he should not have to sit througt many hearing-items initiated by the City. Case No. SUP-1, Carlsbad Shopping Center, Ron Roberl Request for approval of a Special Use Permit per- mitting the construction of a portion of the Carlsbt Shopping Center in the Floodplain Overlay Zone. Planning. Director Donald Agatep said that based on' the U.S. Corps of Engineers -Study dated July 1973, the intermediate regional flood (100 year flood) will result in a water surface elevation of 27 feet in the area where the shopping center is located. The finished floor elevation of the Home Federal building is 38.00 feet and the prop.osed Bank of. America finished floor elevation is proposed at 34.20 feet, both well above the required 28 foot , minimum elevation. The staff recommends that this case be approved and that a condition of the Special Use Permit be that all structures be cons.tructed with finished floor elevations at 28' above mean sea level or higher. r .c - Motion Ayes CITY OF CARL: 3AD MEETING OF: PLANNING COMMISSION TIME: 7:30 P.M. PLACE : COUNCIL CHAMBERS . DATE: * April 28, 1976 Page 4 Mr. Ron Ra.berts, SGPA, 440 Upas Street, San Diego, Californi4a 92103 told the Commission .that they were making very good progress on the Center and hoped to break ground the 1st of J.une. He also brought two new renderings for the Commission to look at. He said that he agreed with Staff's.recommendation and that none of the buildings would be below the . 28 foot .level. A motion was made approving SUP-1 as outlined in the Staff Report. Case No. 'CUP-118, Magee House, City Initiated - Reauest for approval of a CUP for a public building, as 'authorizeh' by Section 21.42.010('12) of the Muni- cipal Code. The building will be used for meetings and assembly purposes. Chairman L'Heuruex advised the Commission that he would abstain in this matter as he was involved in this case and asked Vice Chairman Bob Watson to conduct this hearing. Assistant Planner Allen Meacham gave the staff pre- sentation saying that the use of the Magee House for assembly purposes is an excellent opportunity for recycling an existing structure int.0 a new use desired by the Community. He also said that while the Zoning Ordinance requires a CUP for public buildings, it does not require one for public parksa As'a practical matter, Magee House and Magee Park are interrelated. ' Staff has therefore structured the recommended conditions of.approva1 to, reflect both House and Park. Funds for the improvement of Magee Park are tentatively included in the City's 1976-77 fiscal year budget. To answer a question regarding funding by one of the Commissioners, Mr. Agatep said that additional funds will be received as part of the 1975 Ho-using and Community Block Grant. A motion was made and approved to direct Staff to prepare the necessary documehts per recommendat-ion - , and conditions in the Staff Report changing' #2 . under Environmental Impact Information to read as follows: "NO new structures are proposed; there- fore, there will be no significant growth-inducing impacts. I' Case No. ZCA-76, Floodplain Overlay Zone - Request for amendment to Chapter 21 .31 of Muni.cipa1 Code. Planning Director Donald Agatep stated that the only provision that we currently have to remove the property owner to make a request. This amend- ment would also ity to initiate a request basec upon specific n ormation received by the City In either case, such a zone change is approved, ' appropriate documentation shall be ,forwarded to the. Federal Insurance Administration to insure adjust- ment of said boundary line of Federal Flood Hazard Boundary Maps. .I property from the Floodplain Overlay Zone is 'for P A motion was made recommending approval of ZCA-76. Motion Ayes Motion Ayes Abstain Motion Ayes ' CITY OF CARL: 3AD MEETING OF: PLANNING COMMISSION DATE : April 28, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Pa- Case No. ZCA-74, Open Space Zone - Request for an amendment to Chapter 21.33 of the Municipal Code. Planning Director Don Agatep gave the Staff presen- tation saying that the Planning Commission.Resolu- -tion of Intention NO. 119 declared the intention . to cons-ider adding agriculture as a permitted use in the Open Space and Public Utility Zones. On January 15, 1976, the Public Utility Zone was amended by adding agricultural types, but that the present Open Space Zone does not include an agricul- tural use category and should, therefore, be amended to include this use. A motion was made recommending approval of ZCA-74. Case No. ZCA-72, Resolution of Intention No. 1.28 - ' Panhandle lots. This resolution .declares the intent of the Planning Commission to hold a public hearing to consider recommending to the City Council a Zone Code Amendment to permit lots with substandard frontage in single-family residential zone, A motion was made approving Resolution of Intention No. 128. Case No, MP-149, Resolution 'of Intention No. 129 - Request for public hearing on La Costa Community. A.motion was made approving Resolution of Intention No. 129. .. Case No. ZCA-80, City Initiated - Request for a revision to the Planned Community (P-C) Zone. .. Assistant Planning Director Bud Plender gave the staff presentation and also exDlained a. P-C Zone Development Flow Chart that was pas.sed out to the Commissioners. Mr. Bob Ladwig, Rick Engineering said one of his major concerns was on page 6'of the Draft Ordinance ' 2 (b) regarding economic feasibility report. He felt that for a large Master Plan, it would almost be impossible to predict what it will be at a later .date-. The Public Hearing was then closed and after con- siderable discussion by the Staff and Commissioners, the following recommendations were made by the Commissioners: '1) Under Section 21.38.040, Chang-e Master Plan to Specif'ic Plan (see page 5 of Staff Report No 1). 2) Have new Title in the Municipal Code regarding Sp.ecific Plans. 3) Under Section 21.38.030 (C), have the approvals .assigned to any future.owner of the property as well as the pre.sent owner. 4) Under Section 21.28.050, fees should be based on full cost recovery, but the amendment should be done after full study of actually pr0cessing.a Master Plan. Motion Ayes Motion Ayes Motion Ayes - 1 CITY OF CARLLJAD MEETING OF: PLANNING COMMISSION TIME: 7:30 P.M. PLACE : COUNCIL CHAMBERS . DATE: + April 28, 1976 + 1- I 5) Undejr Section 21.38.060 (l)(a) add after plan's preparer, "be it company.or person." 6). Under 21.38.060 (l)(c), followi.ng items to be added: Percentage of open space land should be 15% wi'th no more than 5% to be dedicated in fee to the public, and define "commonly owned land". 7) Under 21.38.060 (l)(g) delete "storm drainage structures" and add "storm drainage and flood "cont.rol structures". 8) Under 21.38.060 (1 )(h) , add open space. 9) Under 21.'38.060 (l)(j), delete this section. 10) Un'der 21.38.060 (2)(b)., change "Economic feasibility" to "Public facilities economic imp-act report", and amend as in staff report, alternative 4. The report is to be done by an independent consultant. 11) Under 21.38.060 (2), add a section on a report on mitigations of EIR impacts ad identified by the EIR. 12) .Under 21.38.060 (3), add who shall' have the obligation to maintain the various type of open areas. 13) Under 21.38.060 (4), add after sign plan I' shall be established". 14) Add Section 21.38.065 re Density Consistency with General Plan allowing variat.ions and transfer within any one subdivision. 15) Under 21.38.090, add after first sentence, ''may be extended with the concurrence of applicant. I' 16) Under 21.38.110 (2)(b), add EIR consistency mitigation measu,res. 17) Under 21.38.110 (2)(i), add (i) - "That the ' Specific Plan has mitigated' the-significant impacts of the EIR." .. 18) Under 21.38.120, delete "From time.-to-time" in first sentence. 19) Under 21.38.120 (2), reword as follows: "If th Planning Commission considers the modjfication mino in nature, the additional graphics, statement or other information shall be approved by .Planning Commission and made a part of the original City Council approval without the necessity of a public hearing ..'I 20) Under- 21.38.130 (l)(b), add I' in effect as 0.f the day of application." e r 21) Under 21.38.130, add (4) "Notwithstanding the above, property with approved Specific Plan adopted as per P-C regulations in effect at the time of approval of such Specific Plan, can be developed in accord.with the Specific Plan without further processing as required in this Chapter." I .. I. . e CITY OF CARLGAD - MEETING OF: PLANNING COMMISSION DATE : April 28, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 7 A motion was made to recommend approval of ZCA-80 and directed staff to prepare the necessary d0cumen.t:; to include all of the above recommendations. Case No. ZCA-64, City Initiated - Request for a Zone Code Amendment that provides for Planned Unit Devel- opment (PUD) in all zones. Assistant Planning Director Bud Plender gave the staff presentation. The Commissioners made the.following recommendations: ' 1) Under 21.45.050 of the Draft Ordinance, No. (4), expand of this by adding grading cross sections.' Also concerned about things in Site Development Plan such as height, bulk and how that interlate. Also apply same standards as in present P-C Zone and "Q" zone. .2) Under 21.45.050, add (8) incorporating mitiga- tions of EIR impacts. 3) Under 21.45.080 (l), change "or" to "and." - ' is necessary and desirable. 4) There is a need for methods of Open Space Maintenance. 5) Staff to determine if it is feasible to cross reference the PUD ordinance with the' requirements of the State Specific Plan process. If so, the requirements of the State defined Specific Plan are to be incorporated. 6) Staff .to determine if there is a need.to have a guarantee of performance requirement. A motion was made to recommend approval of ZCA-64 and directed staff to prepare-the necessary docu- ments to include all of the above recommendations. The Commission also asked that the Council be advised of the following issues that relate to this ordinance: 1) Condominium conversation and 2) Design Review Committees. Staff was directed to. prepare memos on these matters. NEW BUSINESS It was announced that there would be a field trip to La Costa on-May 8, 1976. Any interested persons are invited to participate as this will be an adjourne'd Planning Commission.Meeting. (Meet a.t City Hall at 9:00 a.m.) The Commissioners were also reminded that th.eir "Conflict of Interest'' forms had to be in this week. ADJOURNMENT: . The meeting as closed at 1:00 a.m. and will re- adjourn at 9:00 a.m., Saturday, May 8, 1976, for the Field Trip to La Costa.