Loading...
HomeMy WebLinkAbout1976-05-12; Planning Commission; MinutesCITY OF CARL 3AD MEETING OF: PtANNING COMMISSION DATE : May 12, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS " _I_ CALL TO ORDER The meeti-ng was called to' order at 7:35 P.M. ROLL- CALL PLEDGE OF' ALLEGIANCE APPROVAL OF MINUTES Not approved as there was not a quorum present. APPROVAL OF RESOLUTIONS Not approved as there was not a quorum present. WRITTEN COMMUNICATIONS Planning Director Donald Agatep brought to the atten- tion of the Commission the following three items: 1) Letter dated May 12, 1976 from the Carlsbad Unified School District re SP-175 and CT 76-4. 2) Memorandum from the Planning Depa.rtment to the Planning Commission with additional information re SDP 76-1 and Altamira Unit 4 (SP-175 and CT 76-1). 3). Add to the Agenda under New Business a report . on Subdivision Requirements. ORAL COMMUNICATIONS Chairman L'Heur.eux advised the Commission and all in .attendance that.there were only four Commissioners present. The City Ordinance requires that a vote of FOUR is necessary for approval of any act.ion (any vote less than four, the i tern wi 11 be' continued). It was also to be noted that CommissionER Mark Nelson is sitting with the Commission for the first time. As a result, on a number of the items that have been continued', .he may- not be able to vote. All applicants were then given the opportunity to continue their requests to the meeting of the Commission on May 26, 1976. John Loy spoke as an interested party regarding Case NO. ZCA-79 and asked that this case be continued until there was a full board on May 26, 1976. A motion was made to continue ZCA-79 to the May 26, 1.976 meeting: Fred Morey, La Costa Land Company, requested that Case-Nos. SP-176 and CT 76-3, La Costa Vale No. 4, be contin,ued to May.26, 1976 as Mr. Nelson had review- ed the files, but.had not listened to the tapes of the previous meeting and-did not wish to vote on this cont.inued item. PUBLIC HEARINGS Continued Case Nos. V-255 and ZC-174, Russell Grosse - Request for an amendment to Condition No. 2 of V-255 to allow a zone change to R-A-2.5; and change of zone from R-A-10,000 to R-1-2.5 with applicable floodplain area to be zoned R-A-2.5 (F-P). Present Absent r .d f lotion \yes \bsent lotion \yes \bsent f C ITY OF CARL.,i3AO .MEETING OF: PLANNING COMMISSION DATE : May 12, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Assistant Planning Director Bud Plender said that the property in question was a land locked area of approxi mately 25 acres east of El Camino Real and north of Palomar Airport Road in the Sunny Creek'area with- a road paved up to a certain point which continues on to serve other farm areas and homes. The applicant wishes to subdivide the property into 4 lots. Si'nce every lot must front on a public street and Sunny Creek Road. is not a public street, a variance was re- quired. It is presently zoned R-A-10,000. Th-e zoning should be of such a nature to preclude numerous lot divisions as this area does not have the facilities at this time for numerous lots. The variance was approved by the Commission on October 29, 1975 based on the fact that there will be access to this area.' in the future as the northern portion, of this property would be under the College Cannon assessment district and all lots would have access to the public right- of-way (the property was also to be zoned R-A-3.5). 'The applicant has requested that this be changed t0.R-A-2.5 so that the property could be subdivided after the College Cannon Road is built (each lot now will be approximately five acres) and anot.her zone change for each individual lot would not have to. be ,r'equested. The staff agrees with the request for R-A-2.. 5. There was a question from one of the Commissioners as to the difference in R-1-2.5 (which the applicant requested) and R-A-2.5. Mr. Plender advised the Commission that R-A zoning allows animals and the staff felt that since this would be estate z-oning, it should have residential agricultural zoning. Russell Grosse, 5850 Sunny Creek Road, Carlsbad said that he had misunderstood the decision of the.Corn- mission to zone the property to R-A-3.5 when it was approved in October and had thought that the zoning wa to be R-1-2.5 until such time as he applied for the zone change and was informed of the d.ifference. He asked the Commission to approve his request of R-A-2.5 so that a rural development program could be implemented which would provide more land for people to live on at a reduced cost because there would not be as many facilities provided such as gutters, curbs, etc. . Chief. Girard W.- Anear, Carlsbad Fire Department, told the Commission that the Fire Department could not provide ambulance or fire protection to this area during inclement weather. .. Allan .Kelly said that he owned property nearby and that, he was very much in favor of the 2.5 acre lots . for zoning 'and that the other neighbors were very. much in favor 'of this type of zoning in that it would provide a greenbelt throughout the area. .The public hearing was closed and there was d'is'cussi.on by the .Commissioners and staff. Staff felt that the fire protection was adequate since tJere w-ould only be 3 or 4 houses at this time until public access was available. Mr. Grosse advised the Commission that he was required to install fire hydrants at each house. L CITY OF CARL-,dAD MEETING OF: PLANNING COMMISSION DATE: May 12, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 3 A motion was made approving V-255 as per recommendatio, and conditions made a part of Planning Commission Reso lution No. 1202 with the following change to Condition No. 2: "(2) Prior to filing a' parcel map to subdivid the property, the applicant shall apply for a change of zone to R-A-2.5 acres." A motion was made denying ZC-174 as requested by the applicant. A motion was made recommending approval of ZC-174 basel on the findings and recommendation of the Staff Report CASE NO. ZC-175, L. BRUCE STALLARD (AGENT) - Reques-t for change of zone from R-A-10,000 to P-M. Assistant Planning Director Bud Plender gave the staff presentation stating that staff believes at this time .it would be appropriate to zone this property consiste: with the General Plan to P-M with a Qualified ("Q") zone overlay or PM-Q. The reason for this is that a Site Development Plan would be required which would insure that all public facilities and General Plan re- quirements would be met. There might be some problems .in developing this land because of meeting the public. facility requirements (the water service in this area is marginal) and it was also felt that the developers 1 this property should share in participation in the costs of a traffic signal on Avenida Encinas. Mike Reidy, Coldwell Banker, 3088 Pi0 Pic0 Street, Carlsbad spoke to the Commission on behalf of Bruce Stallard and the property owner. They felt that the P-M requirement were stringent enough and that a "Q" zone overlay would not be necessary. They also felt that the requirements of the Coastal Commission were such that they shouldn't have to submit a Site Development Plan at a later date thus causing another delay in development of the land. They asked the Commission to approve their request of a change of zone to P-M. The public hearing was closed and the Commissioners discussed that "Q" zon'e overlay was the City's only tool to insure that when the property is developed that all the concerns regarding public facilities, etc will .be met. A motion was made recommending.approva1 of ZC-175 with a Qualified ("Q") zone overlay to PM-Q as per the findings and recommendations of the staff rep.ort. New . CASE NO. ZC-176, L. BRUCE STALLARD ( AGENT) - Request for change of zone from C-1, R-A-i0,000 and P-M to c-2. - CASE NO. SDP 76-1. WAY CONSTRUCTION CORP. (AGENT) request for approval of a Site DeveLopment. Plan to allow a Lincoln/Mercury Automobile Agency. IOTION lYES lBSENT IOTION lY ES lBSE'NT IOTION lY ES iBSENT IOTION IYES IBSENT T X X I X - - X X X X X X \ \ \ - - X X X X .. e-". -.L- CITY OF CARLsSAD MEETING OF: PLANNING COMMISSION DATE: May 12, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS D"W A Assistant Planning Director Bud Plender said that the ' Commission would first hear ZC-116 since it is a public hearing and if approved, then they would hear SDP. 7'6-1. On the property in question, there now exists an office building, a nursery, a vacant mobile home sales office & vacant land. C-2 zoning would greatly increase the number of uses for this land. The General Plan calls for a tourist service area, but the City does not have'a zone as such at this time. C-2 zoning allows all those usesthat are found in a tourist service area provided that the Qualified ("Q") overlay zone be added. Chairman L'Heureux felt that tourist service area . uses and C-2 zoning were not consistent and that the C-2 zoning would allow a whole variety of uses that have nothing to do with tourist services. .Mike Reidy, Coldwell Banker, 3088 Pi0 Pic0 Street, Carlsbad spoke to the Commission on behalf of the property owner and L. Bruce Stallard and said that they were in agreement with staff's recommendation and felt that this was ideal commerical property be- cause of its exposure to the freeway. Chairman L'Heureux said thit he was thinking about voting no to the application at this time and would entertain a motion for this item to be continued to the May 26, 1976 meeting so that the full'commission could hear the request. A motion was made continuing ZC-176 and SDP 76-1 MOTION X to the May 26, 1976 Planning Commission Meeting with AYES x xx x the public hearing left open for further testimony. ABSENT xx X CASE NO. CUP-86(A), JAMES M. GAISER - Request.to. allow continued use of a temporary mobile office, as provided for in Section 21.42.010(58). Assistant Planning Director Bud Plender said that the original Conditional Use Permit has expired and that the applicant has reqqested an.extension of time for the mobile office to be used prior to con- struction of a permanent faciiity. The staff recom- mends approval provided certain conditions are'met arid that the CUP be extended'for 6 months. If within this .6 months,-building permits are issued for a permanent building, the CUP shall be extended .an additional six months. Mr. Plender also said that the applicants were unable to be present at the hear- ing and had asked that Condition #4 be deleted as they fTlt the paper work for posting a bond would be unnecessary., there were adequate safeguards in tbe - recommendation-and that they would comply with the. re- quirements of the CUP. They also asked that if the Commission would not delete Condition 114 that this matter be continued for four weeks untii they.could .appear at the hearing. I.. The Commission then discussed Condition 114. and it .was felt that because of problems the City has had with t-emporary buildings such as this, the City does not . have the power to remove them and that this kind of conditions is necessary to motivate the app1,icant to proceed with construction of a permanent facility'. It was agreed not to continue the public hearing. 'CITY OF CARLaBAD MEETING OF: PLANNING COMMISSION DATE: May 12, 1976 TIME : 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 5 Harold Clark, 824 Caminito del Reposo, Carlsbad, owner of property at 509 Grand Avenue in Carlsbad said that he was opposed to the Conditional Use Permit because it is bad for business downtown.and bad for' his leasees. He felt that this temporary structure was very unattractive, that traffic circulation was poor and that the applicant had demonstrated lack-of good faith in that the original CUP was granted in June of 1973 and this temporary structure had been there ever' since. There was discussion among the-Commissioners and the Staff as to what recourse the'applicant would have if his request were denied. Planning Director Don Agatep said that the applicant could appeal to the City . Council. It was also discussed that Condition #2 'be changed to read as follows: "(2) The C.U.P. is granted for a period not to exceed 6 months from the date of approval. If, within this time period, .building permits are issued for a permanent building to take the place of the mobile unit, the C.U.P. shall be extended an additional six months. If the permanen' facility has not been constructed within this period 0: time, the City Attoiney will initiate summ'ary abatemen. measures." The. Commission discussed the possibilities of'denying ,this request. A motion was made denying CUP-86(A) as the applicant has not shown faithful dgligence to the original.CUP, and staff was directed to prepare the necessary papers for denial and present these documents to the Planning Commission at their meeting on May 26, 1976 for approval. A minute motion was made directing staff to notify the City Manager of ,the existing illegal use and that the mobile office should be removed. The meeting was recessed at 9:lO p.m. and reconvened at. 9:30 with all members present as were in attendance prior to recess. CASE NOS. SP-175 and CT 76-4, ALTAMIRA UNIT #4, WES MUDGE ( AGENT-PACIFIC SCENE, INC.) Request for approval of a Specific Plan and Tentative Tract Map for a 140 lot, 138 dwelling unit, multiple-family subdivision. 'Planning Direct-Gr Donald A. Agatep stated for the re- cord that the letter dated May 12, 1976 from the Carlsbad Unified School District should be attached as an exhibit to the file. This letter stated that the public facilities requirements for this property had been met. The- Commission was directed to look at a supplemental report that had been given to them * to clarify several points made in the staff report.. Mr. Agatep said that this was the'4th and final phase of a Master Plan that had been approved in 1972. This phase wpuld have individual homes on postage size lots - 1.3 parking spaces have been allocated on the street per dwelling unit (parking.wi3.1 be on one s'ide only and the dwelling units will be only on one side OX each street). There is an area that is provided for all residents of Altamira for the parking of recreational vehicles. T MOTION AYES ABSENT MOTION AYES ABSENT CITY OF CARLsdAD MEETING OF :- PLANNING COMMISSION DATE: May 12, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 6' The Commissl-on then discussed the Encina Sewer Treat- ment' Facility and its impact on Al.tamira residents. It was brought to the attention of the Commission by Commissioner Doming'uez that experts think that the cause of the extreme odor is from petro based chemi'cal and a search is underway to find the source. The Com- mission felt that prospective buyers of units in Altamira should be made 'aware that the treatment plant was nearby and that there had been problems connected with it. There was also a discussion about CCbRs and that they had not been incorporated into the Staff Report. Wes Mudge, Vice President, Pacific Scene, Inc. told the Commission that the staff report had been very thorough and very accurate. He said that Pacific Scene and the Carlsbad staff had come up with a very workable and excellent plan for this site of single family homes with ocean views. He did question the type of notification that would be used regarding information given to prospective buyers re the treatment plant. He asked that this information not be placed in the White Repo,rt as the'problem could be abated any day ' and would be very detrimental in individuals being granted loans, etc. He also said that there are currently two Homeowner's Association at Altamira and they are doing an excellen job. .Pacific Scene works with a Homeownef's Assoc. until it is set up. . Travis Chandler, head of one of the Associations, answered questions regarding the recreational vehicle parking area. It had been one of the concerns of the Chairman that this parking area was already full and the fourth phase had not been built yet. Mr. Chandler and Mr. Mudge felt that this .problem would be solved somewhat when they started charging for the space r.ather than it being free at this time. Mr. Chandler felt that additional space could be used, but Mr. Mudge did not where they could come up with addi- tional space. He did say that there were min'i-war.e- houses available in Ponto. Vivian Chandler, 902H Caminito Madrigal, Carlsbad said that they were members of the Pacific View Ten-nis Club and it was'currently being run. as a p-rivate tenni club. Since they were charter members of this. club, they were concerned that when this tennis 'club is turned over to the Homeowner's Assoc. at Altamira Unit #4 whether or not they could continue as'members. Mr. Mudge said that it was always their .intention that the tennis club be a part of Unit 4, but that until such time as Unit 4 was built, it was necessary to make it a grivate club. He said that'he could not speak for the new Homeowner's Assoc. but felt it would be to their benefit to allow private members . as well as their own residents. A minute motion was made directing staff to prepare a memorandum to City Council re the Planning Commis- sion's concerns regarding the Encina Sewage T.reatment Plant in that propspective residents should be notifie of.its presepce and current problems. /' .s t - S d MOTION AYES ABSENT X CITY OF CARLsdAD MEETING OF :- PLANNING COMMISSION DATE: May 12, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 7' A motion was'made recommending approval of SP-175 as $er the findings, conditions and recommendation of the Staff with Condition No. 2 to read as follows: "(2) For all commo,nly held open space.lots,. the .applicant shall submit a landscape, temporary irrig'a- tion and.permanent irrigation plan to the Parks and Recreation Director for review and approval simultan- eously with submission of a grading permit request to the Engineering Department. The grading plan will. not. be approved until landscape and irrigation plans are approved by the Parks and Recreation Director. Th landscape and irrigation plans will adhere to the following format: . ., .'I A Condition No. 9 is to be added regarding CCGrRs and homeowners'.maintenance of open space areas; A motion was made recommending approval of CT 76-4 as per conditions and recommendation in the staff.re- port. CASE NO. ZCA-72, Lot Frontage (Panhandle Lots) - Zone Code Amendment to provide for lots with reduced front- age if reasons exist for such reduction. It was felt that since this was- very detailed and intricate th'at ' this case should be heard before the full Commission. A motion was made to continue ZCA-72 to the Jun'e 9, 1976 Planning Commission meeting. NEW BUSINESS: Comments on Subdivision Requirements - Planning Director'Donald'Agatep gave the staff report pointing out many problems and questions related to the follow- ing items: Noise Mitigation, Fire-Retardant Roofs, Landscaping, Open Space Maintenance, and Parks and Open Spaces. It was the Staff's recommendation that t Commission recommend to the City Council that Staff . be instructed to begin work which will lead to solu- tions of the de'finition and use of parks and open ' spaces, open space maintenance, landscaping guidelines and standards, and'hillside development. A minute motion was made accepting.the Plann2ng De- partment's report and requesting that 'this report be sent to the City Council and that the Chairman or a person he desi'giates make this presentation to the Council. ADJOURNMENT: The meeting was adjourned at 11:OO p.m. to 7:30 p.m. on May 19,.1976 to hear MP-l49(A), La Co.sta Master Plan. . .. -. .. MOTION AYES ABSENT MOTION AYES ABSENT MOTION- AYES ABSENT 0-l- \ - - X X X X \ - - X X X Y >( - - li x E I I Y