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HomeMy WebLinkAbout1977-04-27; Planning Commission; MinutesCITY OF CARLSBAD MEETING OF: Planning carmission m: 7:OO P.M. lxrFl: April 27, 1977 PLACE: Council Charhers -" c "." 4 6-was amended to read - "A"inu& mtion was made that recomnendion go fran the Planning coarmission to City Council proposing that they utilize every effort in re- questing that the State Highway Department change the off ramp signs on Interstate 5 in Carlsbad City limits to indicate the street exists, example: Carlsbad - Elm Carlsbad - Tamarack, etc. and to clearly indicate the dmtm area as well as the beaches, gas stations, food service, etc. REsom1oNs (1) Resolution No. 1351 was approved. (2) Resolution No. 1352 was approved. (3) €&solution No. 1353 was approved. Mr. James C. Hagaman, Planning Director, informed the Camnission that at the time of the approval of the resolutions by the Planning coarmission, the Public Facilities statemnt was correct. Hmver, since the Ordinance was passed by the City Council on the sewer mratoriun, the next three resolutions should so indicate that sewer service is not available and the applicants should be notified. CALL, To ORDER - The meting was called to order at 7 : 05 P. . WLL CALL - Carrnissioner Fikes was absent. PIE= OF ALLEGIANCE APPm OF MJNUES - The Minutes of April 13. 1977 were approved with the followinq &anqe: The Minute bbtion,Page a 1 PHESENT ABSENT 1 I lg *M A A A M A A MCY iw AB (4) €&solution No. 1359 was approved with the followir .amnded Public Facilities staterrrent under findings: At this tim, all necessary public facilities, except sewer service, are available to serve the subject property as proposed. If sewer facilities are not available at tk time of building permit application, building pennits will not be issued until arrangrents satisfactory to the city Council can be &e to guarantee that all necessary sewer facilities will be available prior to occupancy. . (5) &solution No. 1356 was approved with the same amended Public Facilities statement under the findings on Page 2, Line 1 as stated for l&solution No. 1359. (6) Resolution No. 1357 was approved with the sm amnded Public Facilities statement under the findings on Page 2, Line 3 as stated for Rsohtion No. 1359. X X X x x: X xx I X X X X X X X I " X X I XI ! X X 4 I( < < X X X X , - " X X X X X X X X X X X X " ". CITY OF’ CARLSBAD Page 2 PLANNING COMMISSION APRIL 27, 1977 ” - Mr. Bud Plmder, Assistant Planning Director, discussed the Citv Council Ordinances 7047 and 7048 which were dis- -~ ~ tribute2 to the Camissioners at the meting regarding a moratorium on the issuance of building permits in the City of Carlsbad dw to the mamilability of sewer ser- vice subject to certain exceptions (7047) and the adoption as an urgency masure prohibiting the application for and approval of discretionary approvals due to the unavaila- bility of sewer service subject to certain exceptions (7048). ~r. P-r stated that the city council has requested staff to developing landscaping measures in regard to wate conservation and drought resistant landscape planning. The Parks and kcreation Departmnt will have a list of suitable drought-resistant plants. A Minute mtion was made to recamend to the City Council that in the interim period prior to a policy being adopted staff be directed to encourage the use of drought- resistant planting and water conservation irrigation sys- tem on landscaping plan approvals. George Flanders, 2168 Chestnut said he felt he should clarify the results of the Council meting on April 26th. He said two actions were passed: 1) Moratorium on building permits; and 2) 120 days hoZd on annexations .and tentative maps. DeveloprtleJ a Conditional Use P It Corpration - --st for approval of ennit for a “dd’q Fast-Food Wstaurant, subject to Specific Plan “t approval; request for approval of an amndment to an existing Specific Plan to incorporate sits plan lnodifications and fast-food restaurpnt, and request for approval of architectural elemti- for the bklbnaldt s Festaurant . Mr. Bud Plender presented the staff report and said there were four major prablesns. The staff analysis .indicates that the new plan presented for consideration does not use the service station site as an entrance, but reduced the nmr of on-site parking spaces to 21. The original plan all- for 36 spaces which staff felt was insufficient. 2) He felt the drive around the building was not satisfactory as it related to the existing traffic patterns. 3) The main issue is still the traffic conflicts at the main entrance as the site is entered. and 4) The stop time on El Camino kal will need to be increased to accorrmDdate pedestrian and vehicle crossings to get t;, the restaurant. Tim Flanagan, City .Engineer, stated there will be crosswalks conditioned by signals for pedestrians crossing El Camino Eal. Probably the biggest problem of pedestrians is that whether or not there are one or 15 pedestrians crossing, each tine the “cross” button is pushed, major traffic on El camino . Ea1 is slowed dam. “a- I 4 CITY OF' CARLSBAD Page 3 PLANNING CCPMCSSICN April 27, 1977 - - Mr. William Hughes, Santa Anita Developmnt Corporation, stated that they can get approval fram Standard Oil for ereding a fence amund the.-pmprties, they believe, but they are not sure if they wuld agree to the blocking off of the vehicular acaess on the east side. Mr. Willim Spear, "omld's &presentative, enphasized that Nlbnald's main goal is to serve the people and that they were interested in working with thecity, not in creating problems. He felt the plan was reasonable and comnissioners that they would hire approximtely 60 - 80 young people on a part-time basis at this location. . the problems could be mitigated. He infomd the Mr. Ibn Roberts, Architect, felt the trash containers mul be moved back against the building rather than as sham in Et "D." He felt the 21 spaces for parking were -le since the area directly east of the building would 1: also utilized by MSonald's. He pointed out that Von's has no parking of their m but use the large Center parking area. At the peak hour, which ham twice daily, McDonald's would use appmximately 40 spaces. Mr. Spear stated that it was not intended that this McDonald' s be a drive-thru. -The design has been only to acammdate sit" service. There muld be approxi- mately 126 seats. Mr. Glenn Palnways, 3455 Valley Street, Carlsbad, said that when the Citv zoned the area for cQmrercial use, they have an obliiatim to see that it is so used. He feels that &Donald's is very sucoessful and that he would go the= often. He asked the Camissioners to give cansideration to approving this application. Mr. Henry Thanpson, 330 Chestnut Street, Carlsbad, emressed his pleasure at qoinq to McDonald's. He beiieves the Service, food; pa;king and landscaping are mll done. Asked the Catmission to approve this Cup. AT THIS POINT THE PUBLIC HEARING FOR THIS ITEM WAS CUXl Mr. Plender, at the request of the comnissioners, state^ that though the original specific plan was not particu- larly well tkaought out, it did in fact call for a structure on this site which would generate consider- ably less traffic vole than this application would. Camnissioner L'Heureux stated that he had always felt that this was .one of the most troublesome sites in the area. Though the applicant has made every effort to, alleviate a lot of the problems, this site is really too small.for a high-volum restaurant. He also believes that the pedestrian traffic frm the large shopping center across the street to the west may creatk hazardous traffic conditions. He stated that he could not support approval of this item. wssioners Jose, Nelsan, Larson expressed ooncur- mce with comnissioner L'Heureux' s remarks. =l= CITY OF CARLSBAD Page 4 PLANNING COMMISSION APRIL 27, 1977 " ~ ~- A mtion was made to approve -in concept Amendment to the Specific Plan, the Conditional Use Permit and the . elevation on the applicatib as shown on Exhibit I'D" and to instruct the staff to bring forth at the next regular meeting mditims to support a resolution. A mtiog was made to &my Specific Plan 146 (C) for the reasons. as set ,forth in f;he staff report and for denial of Conditional Use Permit 136 as stated in the staff report t0gether:W;ith a denial of the architectural elevations.. Iiesolution Nos. 1360 and 1361 (2) Case No. EIR-115 (A)/PUP8/CII 77-2/SP-160 - Buena &mds, &max (bxkmction ccanpany - Certification of an Enviromental Impact =port, approval of a Planned Unit Developent and Tract Map to provide 130 dwelling units on 43.9 acres, and deletion of an existing Specific Plan for the same area. m. Plender informd the Carmissioners that this applica- I tion had not been publicly noticed in sufficient tirrre to be heard at this meting and must be' continued to the meeting of May 11, 1977. A motion was mde to continue this application to May 11, based on the information froen staff. (3) Case No. ZC-192, Tom Bevilaoqua (went) - Request for appzoval of a zone chanqe request to change the &sting R-1 zone (singie-fdly residential) tc RD" (residential density-multiple zone) on prop erty located on the west side of Harrison betwen Iacust and Chinquapin. Mr. Bud Plender, in presenting the staff report, explaint that masan staff was -sting the Qualified -1; Zme "mstead of the RD" Zone was to assure that the problems with freeway rrOise, traffic circulation, relationship to existing single-family residences in the area and the existing structure on tk site can be hindled with sufficient controls by the City. He info- the Camission that 4 (b) under "Findings" in the staff report must be corrected to read that sewer service is not availabie at this tirrre. - Mr. Henry Thqsonasked what the designation RD" means. Mr. Plender explainzd that it is a multiple-family residential zone. Because it would increase the density Mr. Thampson felt that the caranission should consider the adverse enviramnental effects such as pollution fran the freeway, both air and noise. He added that .the City should be reducing the nunber of people living near a freeway, not-increasing the nunber. !Chis problem would be canpounded by rezoning. He asked that this request be denied. Mrs. Joan Jac kson, 1120 Chinquapin, stated that she was concerned about the traffic on Harrison, although as aEsident of the neighborhood, she realized that density is prcbably called for. She asked that the traffic problem be carefully considered. - ~- ~. ~. ~ 1: I X X X X X X X X I X xx 1 CITY OF. CARLSBAD Page 5 APRIL 27, 1977 PL7WNING CaMMTSSICN Tim Flana an, at the request of tk kumxission, stated property is a mndition of the building pennit. df street impro-ts in front of this The :gecretary was instructed to note in the "Iutes that the applicant was not represented at the meeting. A motion was made to approve RD-M"Q" zoning for ZC-192, for the reasons as outlined in the staff re- port, and to include the co&CEion of 4 (b) under the . findings that sewer service is not presently available. PC (4 ) Case No. CW-l2O(A), Circus Vargus, John Lyons - mroval of a Canditional.Use Permit for the ;&ration of an old-fashioned circus under the Big .Tap at Plaza Camino €&a1 Shopping Center fran May It through May 18, inclusive. Mr. Plender, in presenting the staff report, stated that staff is recQrmending approval of this item, which will be held in the south parking lot, just off Marron R The application is essentially the san~ as last year's, with the added condition that due to Marron m being a thru-road, &re could be no vehicles or equiprent withir 30 feet of Marron Fbad. He stated that the City Manager only handles such requests when they are nonprofit situa- tions. The Planning Departmnt has nev er received a axplaint regarding this activity. Charles Burton, San Francisco, Agent, agreed with the staff's recarmendations on'this application. Mr. George Flanders, 2168 Chestnut, asked who would re- ceive the fees that would be paid, the Shopping Center or the City. He also asked if the Parking mt belonged to the City. Mr. Plender, in reply, stated that the City Manager's office handles all administrative details, such as insurance, fees, etc., for this type of request. Planning only deals with planning considerations. A mtion was made to approve CUP-120 (A) based on the findings and conditions in the staff report. (5) Case NO. ZCA-84, PUD "t, City Of CarlSM A request to msider chges to the PUD Ordinance as follows: 1) Provide wording that will s of the develop- 's with the P-C Zone. Staff reviewed these couple be listed in the age space requirements and open e stated that the City council mg a fee for R-V storage was - I I i. 1; -1 i X X -1 X X x X CITY OF CARLSBAD 'PAGE 6 > PLANNING oQ"TSSIc%J APRIL 27, 1977- - " " Fred Pbrey, La Costa Land Carpany, CarlSbad, stated it was never orisinally intended to use a phnned mit deTtelopnt-in a P-c zone. The .the05 of the P-c zcme was to create a Master Plan for parks, school i sites, open space, etc. La Costa uses CC&R's to prevent indiscriminate R-V parking. He stated that they take exception to using the 7500 sq. ft. lot as the dividing line regarding storage conditions for %VIS, boats, mtor hms, etc. He feels that the best mthod muld be to consider the entire carmnurity, and not restrict to lots under 7500 sq. ft. It is the philosophy of La Costa Land Cmpany that people who use R-V storage sbuld pay for it. He feels the &era11 prcblem should be reviewed, not just regarding PUD' S. There was som? discussicm on "exclusive use" and what it implied. Mr. mrey explained that the way the Ordinance Amndenmt is worded, the only tire R-V storage is needed is if the lots are less than 7,500 sq. ft. In La Costa, R-V storage in the open is not pemit*d on any lot. Therefore, La Costa will provide R-V storage lots for all the residents in La Costa, not just those in small- lot PUD's. He requested that the Ordinance contain mrd- ing that will permit Planned Camunities to provide R-V storage for all its residents including the amall-lot PUD'S. A mtion was made to send back to staff to rapen the hearing and continue this request until' Nay 25, 1977 based on the discussion of the meeting tonight .and the staff. .report. "" . -- . NEW BUSINESS (6) House Fbve from 1241 Elm to 2665 Wilson. Bud Plender stated that staff was in error in that there were 2 houses being moved to a vacant lot. Staff thought there was 1 house on the lot and the 1 beinq msved. staff sees no problem in ccunbining these structures. The Ordinance requires a 10-foot separatian between buildings, but this shouldn't be a problem. Staff is taking the stand that this applicant made application prior to the cutoff deadline for the sewer moratorium. Gene Ym, 1313 Chinquapin, applicant, stated that he was not concerned with sewer. He was only asking to n~M3 these 2 houses to another lot, which would not create any mre sewer demand. Tim Flanagan said .this raised several questions which i must be answered, such as: can sewer cannections be I transferred? Can an applicant mve and still keep his smr service, etc. The City Manager wou-ld have to make the " e-- * tion. MYTION AYES ABSENT A nrot- was made that this mve application be to the next meting and this matwr be 'referred back to I staff . =w WES NOES ABSENT X K X 1 A X CITY OF' CARLSBAD PAGE 7 planning cummission April 27, 1977 ,,.I 7: A mtion was made to approve the application for mving the houses fm 1241 Elm to 2665 Wilsm as given in the findings and conditions of the staff report and the ' sewr subject to be determined by the Ordinance adopted by City Council on 4/26/77 or the interpretation of the City Manager. &solution 1364 A request to mve Item No. 9 to be rwiew=d at this time was accepted by the carmission. 1) =view of south wt Asphalt Plant.,'&eraticms, CUP+ "" 13t.d Plender stated that variw' ccmplakts have been filed on this CUP. A report' was forwarded to the Planning Cannissian in Jan*, 1977, fran staff explaining that there were no verified violations of the CUP. Also at tinre, staff reported that a Negative Declaration has been ; filed by the City of Oceanside. Therefore, staff sees no + I valus in reopening the public hearing. i . Mr. Joan Jackson, 1120 Chinquapin, Carlsbad, representing the Sierra Club, stated they are concerned with the pollution from the Asphalt Plant into the Buena Vista Lagoon. She feels the fish and gam need to be protected She reported that neighbors of the asphalt plant ere being disturbed by the noise during the night. Mr. Vernon F@QII, Costa Serena, Oceanside, was concerned about the 15-year extension of th:; by Oceanside. He wanted it made for five years with a review every year. The hours f operation of the Plant were discussed. He said daytime noise did not bother the residents, but the Plant Was operating at night. Mr. mbert Walwick, 322 N. Nevada, Oceanside, Attomey- for south Coast Asphalt, stated the Plant was.not operating at night except for a short- emergency period in February which was approved. There is no blasting at night. The union for one reason muld not pennit it Wither muld the conditions of the CUP. They do m maintenance on 'equipnent at night, but no blasting or rock crushing. He said that they use proper mthods tc insure they do not pollute the water in the area. Mrs. Feed, Costa Serena, reiterated Mr. Myron's stam Mr. m, Costa Serena, read a letter fram Oceanside's Planning Director, buis Lightfoot: He also reiteratec Mr. Myron 's and Mrs. Reed's stateme~ts. ~r. .Plender again explained that the Planning Dew muld not find sufficient justification for reopening the public hearing. They had personally checked out each canplaint and found them mt.valid. A-mtion Was de not to reopen the pua~lc near-- as there had been no verified viohtim of CUP-9 CITY OF' CARLSBAD Page 8 ?pi1 27, 1977 % phming canmission -T Mr. Henry !Rmpscm said he had requested permission to speak on this subject before the meeting began and the Chair should have recoqized him before the mtion was made. He daanded that the Minutes reflect he was denied the opportunity to be heard. Chairman Larson apologized that he had not noticed his -st and stated the Minutes would so reflect. A Minute mtion was made frm the Planning camnission recarmending to City Council that they make available to Mr. Reed or anyone else the Carlsbad Police Dew to respond to any call they should receive from the citizens regarding violations of the CUP as it pertains to mrking hours and verify the report directly back to the person wb called. Any verified violation is to be reported to the Planning Cannission and at that time the Planning carmission can take action. A Minub? mtion was made by the Planning cosnoission instructing staff to contact the Water Ccntz-01 Board and check the pollution as it exists in the Buem Vista Creek in the area of the South Coast Asphalt plant. ~~ ~~ 1 (7) Case No. ZC-189 - &turned fm City Council to Planning camrission for further report. Mr. Plender gave the staff presentation. He said that the applicant had asked for RA and that the Planning camnission had approved F?AQ as recoarrrrended by staff. Since the subject property should be an intrical part of the entire -11 area, staff recamrrended to City , Council to not rezone to RAQ but rather to EAQ which is the exclusive agricultural zone which muld mt permit subdivision of the property but would allcm plant nursery as rquested by the applicant. A mtion was made to instruct staff to prepare docmrrents changing tk zoning fran Lrc to EAQ instead of the original approval by Planning carmission fm L-C to WA-Q. (8) Finding of Genxal Plan Consistency for PUrdW@ of Pnmertv for Pa - ~. ~ rk Purposes. F+questing a-1 of purchase of the Forrest Kruger Property. There was no formal staff presentatim. A mtion was made to approve the purchase of the in the report dated April 27, 1977. , Forrest Kruger property for pk purposes as outlined X X E X X X " - X X X X CITY OF CARLSBAD .. Page 9 PLANNING ~SSICN APRIL 27, 1977 &solution of Intention No. 142, SNC-IV, Velem F&tiro - -st for approval to hold a public hearing to consider nam changes for Velero and €&?ti333 streets. mere was no formal staff presentation. A motion was mde to approve the -st to hold a public streets. . hearing for street nam changes of Velero and €&?tiro The meeting adjourned at 11:20 P.M. "a X X