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HomeMy WebLinkAbout1977-06-22; Planning Commission; Minutes- -_ .. CITY- OF CARLSBAD . MEETING: PLANNING EMMISSIOkJ DAE: JUNE 22, 1977 TIME: 7:OO P.M.. PLACE: COUNCIL CHAMBERS CALL TO ORDER - The meting was called to order at 7: 07 P.M. FOIL CALL - Conmissioner Fikes was absent PLEDGE OF ALLEGIANCE The Minutes of June 22, 1977 were continued to July 13, 1977 for the following correcticps: Page 2 - CUP-138 - property located at southeast corner, not southsest, Page 3 - Secona paragraph, semnd sentence smuld read: "He indicated that a copy of the school letter was not received. It WRITrEN ~ICATIOkJS PUBLIC HFAFUNGS Continued .. (1) Case No. CT 77-8/SJX 770'1, Wily Pulaski and Assoc. - ~~proval of a site '~evelom~~~t plan on the east siae ofEl Camino &a1 between-Alga Road and SDG&E Easmmt. . Mr. Bud Plender, Assistant Planning Director, gave the staff presentation. The reasm this application had been continued was the absence of the school letter which Mr. Plender stated they now had.. Other changes incorporated: Page 5 - Items 12 and 13 under Archaeology Emulation have been sumnarized. Page 6, Condition 19 - A condition was added that the small northerly' lot be developed with either a duplex or a simgle fely hore that would be used for an office manager's dwelling for the apartments. Page 6, Condition 24 was redrafted. The parking con- figuration of the carPnercial area is not approved. New plans mst be subntitted at a 1ate.r date when final plans are being drafted for this site which will.give a new circulation,pattem and parking pattern to the ccmercial area only. Page 2, Item 10 a - after ttsewer service" add "and schools. It Mr. Plender stated that the map of possible circulation of the area that the Carmissioners had requested was , attached. He said that this property will have good access to both El Camin0 &al and Carillo Way, Applicant Mlly Pulaski, Architect, Newport Beach, Californi; introduced a mdified site plan in response to staff recoanrvandations. He would like to proceed with the center portion of the property and inquired if the circulation changes were a staff matter or required a public hearing. Mr. Plender' stated that the Comnission was approving only the original map at this meeting. Circulation changes in cannercia1 area will be reviewy3 later. .Q , CITY OF CARLSBAD PAGE 2 PLANNING COMMISSION MEETING JUNE 22, 1977 Mr. Polaski felt .that the fencing on the easterly side of the developmnt was not necessary because the topography of the land provided a natural screen. Mr. Pulaski said the northern bun- has topographical changes which provides security for the project anti in his opinion does not need an obscuring wall, . . Public Hearing was closed. -. .. . ~. carmissioner L'Heureux stated that he would like to see a condition dealing with the water and energy conservation measures. Catmissioner Jose reooanrrended that at the discretion of the Planning Director fences obscuring the view be eliminated where possible. bbtion was mde to approve SDP 77-1 for the reasons as given in the findings and conditions of the staff report dated June 8, 1977, incorporating energy and wa.bsr conservation measures, the amndments to the staff report dated June 22, 1977, and the mest that the ,Pl+ng Diector at his discretion not require fences that obscure the view where possible. Resolutions No. 1374. mtion was mde to approve CT 77-8 for the reasons as given in.the findings and conditions of the staff report dated June 8, 1977 and incorporating the supplemental corrections dated June 22, 1977. Resolution No. 1375. (2) case NO. cr 77-i, ~ay stockton - mroval of a tentativl . tram map to provide 28 lots on 7.4 acres in an . existing R-1 and R-1-10,000 zone. Mr. Mike Zander, Associate Planner., stated in his staff presentation that the school letter had not been received. The school district and the applicant had met and the application was approved. "e reason for the delay was that the school district wanted it verified by the School Board before the final letter was mailed.' It was decided by the Cdssioners that they would hold the Public Hearing and approval was contingent upon the letter accmpanying the resolution to the catmissioners at the July 13, 1977 Planning Coarmission &&sting. Mr. Zander stated that Candition:-No. 4 should read: Additional dedication along the Highland Street frontage (lot 28) shall be provided prior to or concurrent with recordation of the final map to the satisfaction of the City Engineer. Mr. Tim Flanagan, City Ebgineer, suggested that Condition No. 5 be restated in order to preserve the mature pine trees located an the property. Mr. Larry Bagley, 375 Via El Central, repksented the applicant. He thanked the axmission for hearing this application without the school letter. He said he had met with Mr. Lanz and Mr. Stockton an$ the school approval had been acquired. SDP 77-1 APPKNED PlrrrION AYES ABSENT ABSTAIN CT 77-8 APPROVED MYTION AYES ABSm ABSTAIN X X X X C1T.Y OF CARLSBAD PzGFI 3 PL?NNING C@B3ISSIoN 22, 1977 mtion was made to approve CT 77-7 based on the conditions and findings of the staff report dated June 22, 1977, based on the condition that the s&ool letter accompany the resolution to the July 13th Planning camnission Meeting and incorporating the additions or corrections in the ,-t merrrx>randum dated June 22, 1977 and the following changes in Conditions 4 and 5, page 3 as listed belm: 1. Condition 4 should read: Additional dedication along the Highland Drive fmtage (lot 28) shall be provided prior to or amcurrent with recordation of the final map, to the satisfaction of the city Engin&. 2. Cmdition 5 should read: All public improvemnts shall be installed on Valley Street, Oak Avenue, and Highland Drive to City standards except for a dfied street section adjacent to lot 28 which wuld allow for the retention of approximately 12 mature pine trees located within the existing right of way. Additional right of way dag lot 28 may be required to fxilitate the re- tention of these trees, ' Iiu3solution No. 1376.. (3) Case No. EI€+380, camnunity SCJlmrung .. pool, - To wider certification of the envirmtal impact.rep0x-t for the cormrunity swimning pool on .property generally located at the southwest intersection of 1- street and Bassmod Avenue. Mr.. Bud Plender, Assistant Planning Director, said that the site of this swimning pool is situated on bbr"oe Street and part of - it is on Bassqat. There are existing parking and tennis courts on it now. ~rl Plender stated that the EIR is not to be used fof the location of the sw.imnins pool, 73er se. The Planning cmunission "0 review the EIR and its mitigating measures. If the EIR is certified by me Planning Ccannission and City Council, it will go forward to the designer of the swimning pool and will be used by the designer, the Planning staff, City Counci: and Planning mssion in any subsequent question. Thereforc we should concentrate our discussion to the EIR and not to the selection of the site. Mrs. Dana Whitson, Assistant Planner, made the staff presentation. She said the EIR is an infonna-kional docwt and we are looking at the potential impact of the project before it is designed so that we can tell the architect the potential problem and they can then-; be solved in the design. We have kept it necessarily loose. All of the mitigations are in terms of "should's" instead of "shall's. Three areas. where the mitigation measures could be adopted: 1. The part of the contract for the pool architect. 2. Part of conditions for cup for the pool. 3. Part of the pool agreement between the'City and the School District. Mrs. Whitson specified that the EIR is concerned primarily with noise and the possible inpact cm adjacent residents. : CITY OF CARLSBAD Page 4 PLAJWING CCMMISSION JUNE 22, 1977 mssioner Rmbotis was concerned that canpetitive events might not fit into the burs scheduled for the not present a problem. These hours a& suggested only and there is a possibility they will be changed if noise is sham not to be a problem.' A solid wall may be necessary to screm out noise. Camnissioner L'Heureux thanked staff for additional input. He said the report and the additional informatian answered the vast majority 05 problems +at would be raised. He -appreciated the extra tim staff spent on the project. Camnissiker Jose thanked Catmissioner L'Heureux for writing the letter he sent to staff on the swimnhq pool. Comnissio Jose feels that while we want a swimning pool, he recognizes the adverse effect it may have on surroun~~pr~@E+rtY. Because Carlsbad is limited in recreational activities, he thinks it is tinae we got the swimning pool constructed. He stated that every effort should be ma* by everyone to take all conservation masures. pool Mrs. Flhitscn! said the ccanpetitive ekts should Mrs. Whitson explained that the school traffic is heavy at certain times of the day. The City hired a special . , traffic consultant and it was pointed out that the peak traffic for the pool will be.during the surrmer and on2 week- ends, and not at the same '* when school traffic is on the street so it should not cause a heavy inpact. .There will . be fewer people using the pool than using the scbl. One emmple would be there are possibly 1600 people watching a football garw while at the most possibly 100 would watch a swim met. The consultant did a survey and found that oinly 9% of the on-stmt parking around the high school was being utilized. There m 51 vacant spaces on the schml property at the tife 'of the survey Ilytaning that apparently they were not having a parking problem at the school now. Tk school and pool parking lots can.& shared, but they will be designed to accarrmDdate concurrent use of both facilities. Mrs. Vera McNeil, resident who lives next to the pool site wanted to knuw what the inpact would be on the folluwing items : - Would she be forced to -move. - Inpact of *noise. - Impact of increased traffic. - Would her avocado trees be cut off at the property line. - Would there be a landscaped area between the wall and her property line. Ed Johnson, Director of Parks &d Recreation,. answered ME. meil as follcrws : - There are rn plans to force her to, mnre. It is a matter of record that she has said she would give .the City the first right of refusal should she 'decide to sell. - The plan is just a concept at this time and undoubtedly there will be changes when final plans are proposed. The City is concerned about. the impact of noise on adjacen residents. and he speculated that they rnt only would probably have a wall, but there will possibly be additiona buildings between the pool and residential area. The buildings will be a credit to me neighborhood. - They will definitely make all efforts to buffer the area with landscaping. - There-are no plans or is there a need to prune the avocado trees. .. . I- . " .. "_ i \ CITY OF CARLSBAD Page 5 PLANNING COMMISSION JUNE 22, 1977 Mr. Zalinski, 1785 Valley Place, was conae'hed about noise and traftlc. If the location of the pool is not certain he said he would like to ask that the pool not be put too close to JWnme. His concern was that the four plexes across the street would get too much noise. He asked for a buffer around the pool. Mrs. Whitson saind one of the reccmmxlations would be a 10 foot wall around the entire pool. There would be 'a parking area between the pool and landscaping area and "roe so the problem should be taken care of. A mtion was made that EIR 380 be certified based on the findings in the staff report and adding mitigation masure No. 16 that additional tennis courts be provided when the existing courts are md. ._ (4) Case No. CUP-138, H. W. Butts, Ap~raual of a Conditiond Use Pennit to operate a Bsidential Care Facility . for six persons; Mr. Mike Zander gave the staff presentation. He said numemu! questions were raised at the public hearing on Jime 8, 1977 . for CUP-138, and the application was continued for that reason. All of the questions raised have be611 answered . in the supplement arendrmt dated .June 22,1977 distributed to the casrmissioners at the meting. Mr. Zander referred to Question No. 4 an the amndmnt sheet regarding the last s&tence of Condition No. 3. Because the Planning'wssion has the ri t review a CUP, the sentence Vermdx renew of the & w& mure maintenance of the facility" may be deleted if the Catmission wishes. The applicant was not present. A motion was made to approve CUP 138 for the reasons and findings as set forth in the staff 'report dated -June 8 , 1977 and the supplerent dated June 22, 1977 including the deletion of .the last sentence of condition -No. 3. mtion not carried. A motion was mde to deny CUP 138 for the following reasons: - The application would be in ' conflict with the hanrrony of I3 - Facility is not necessary as these needs are being neighborhood and produce a negative impact on the area. provided in other portions of the comnunity. Motion not carried. A motion was made to continued to the next regularly scheduled meeting of July 13, 1977 .with the instruction to staff to send detailed minutes of the June 8th .meeting in regards to this item to camnissioners Watson and Fikes. I - I X X X X X X " CITY OF - PAGF, 6 PLANNING CaMMTSSION JUNE 22, 1977 CARLSBAD \ (5) Case No. CUP-128 @.,City of Carlsbad - Amndmnt of azi existins CUP (CUP-128) to provide for new cbmunity activities-and &king facilities at the Harding Street comrmnity Cent&. - .. Mr. Bud Plender gave the staff presentation. He stated that CUP-128 gave the City the opportunity to use the old church site for a camunity center. One of the conditions of that CUP was that any change in the activities would require a new public hearing. The City is nuw starting activities as listed in the staff report and the letter . frm Ed Johnson, Parks and %creation Director, included in the packet. Mr. Plender requested that conaition #4 which was picked up frcan the original CUP be corrected to read that a review of this CUP will be made at the end of the first year and then.only reviewed as necessary. Ed Johnson, Director of Parks and Ncreqtion, said that it was tk intention at this tire to mve the old activities building located an this property to the McGee property. Mr. Johnson said they were hopefully bringing forward a consultant who would give a camplete design concept of both the BkGee park and the mmnunity . center. Based on what the consultant comes back on costs, the City would like to restore the barn if at all possible. There is another building in the back of the *Gee residence which would serve leisure heritage purposes. Robert Barker, mer of adjacent property, wasinterested in the ing lot. 1 He was told a wall must be constructed betmen% parking ;lot and any residential area. A mtion was made to approve. CUP-128 (A) based on the term and conditions of the staff report dated June 22, 1977 with the following additions and corrections: Page 2, Condition No. 4 sbuld read: "A review of this CUP will be'made at the end of one year and then as necessary. 'I condition No. 5 should read : "In the event that this property becares headquarters for the City of Carlsbad administrative functions, an &&rent to the CUP will be necessary.1n F&solution-No. 1378 1 (6) . Case No. CT ,7741, Laguna Properties - Approval of a tract map to provide for the conversion of 45 Mr. Mike Zander in giving the sta$€ presentation stated tha CT 77-11 was not consistent with the General Plan because it had no guest parking, adequate additional storage not provided,.adequate open space and recreational facilities not prodded, fire resistant construction not provided to. condominium standards and there were no separate utility systems for each'unit provided. Mr. Bud Plender said that City Council at the last meting had directed staff to bring in a condoninium conversion policv or ordinanrp- -. .. I 1 E 1 1 t 5 c ., 4 "' = CITY OF CARLSBAD %xE 7 QLANNING CCNMISSION JUNE 22, 1977 * Mr. Zander said this project was revi&-as if it were a new project - a vacant piece of land and the proposed application was received. Staff felt that under those standards they wodd have to recormend denial. Mr. Gordon Denyes, Agmt, 2822 Ocean View, Del Mar, representing the applicant, briefly described the project as it rn exists. Basically, it is a 45 unit aparhwnt caqlex consisting of one and two bedrooan apartments relatively large in square footage, tw story units, adults mly, no pets and a very quiet project. The landscaping -is excellent according to Mr. Denyes. It is in the dm- town area and near shopping and transportation.' Mr. Denyes addressed his remarks to specific points in the staff repr 1. First objection was on the design of the proj.e&,;. m. Denyes felt it was in confonnance Fjith the General Plan. per unit. Meets all current parking requirements and . because of the availability of bussing service, feels guest parking is not a problem. 2. Guest Parking. They have 74 parking spaces - 1 2/3 3. 40% of the project,is 1mdscaped.area. . 4.. &creationdl facilities. The tenants are not interestel in activity. It could be provided in the landscaped areas, but Mr. Denyes does not believe the tenants mult would be interested. to circumvent the buldmg code. 5. They had not intendqd +. convert to a condminiup 6. Fegarding fire resistant walls, Mr. Denyes said there . were two separate stud walls with insulation betwem. There is gypsum board on each one, and it is a one- hour wall. It is off 1/8" fran what staff determines will meet the building ccdr. They will put on another . layer of gypsum board is necessary but in his opinion it is not necessary. 7. They currently have separate electrical met& and would add gas meters. 8. It is a one mter water systa. A mtion was mde to deny CT 77-11 based 'on the findings . and conditions found in the staff report. Resolution 1379 A minute mtim. was made .instructing staff to request . frcpn City Council interim guidelines'on condcmhium . conversions in anticipation of an ordinance on con&nium ccplversiv- within the City of Carlsbad. '(7) Case No. V-269, Philip Ne11, - Bpp roval of a L. s~GZZSnceto~thereqyired 1 sideyard setback. Mr. Mike Zander made the staff presentation. He said that basically staff was suggesting .fin@ngs of denial . because those required findings for approval I of a variance . cannot be found. There are no extraordinary circumstances ' applying to thsi property. Staff feels that the case for the request of the variance is based on one of design and not sane type of hardship or circumstances on the property. \.: - " X X I .- X X X I.- CITY 0 F t' 1 -Plyilip Newell, Applicant, said he would fLst like to describe the problem of the site. He said the subject lot Was left over fran four parels fm a freeway right of way acquisition. The lot does not have mch frontage in relation to the depth, and taking the required setbacks leaves a naTT(3w building area. He said it was a very difficult site to mrk with because it is deep and narrm. To build without the variance with standard parking on the west side and allowing the required setbacks would produce a building site 325' long and 36' wide. Putting all of the parking at the front of+the site would not permit much privacy for the tenants since they would be squeezed into the backend of the lot. ?he plan he was proposing for these apartmnts would give a court yard center which the apartments would all face. He said that he had 20 pages of plans and this one was the best. It placed all bedroams away. fran the freeway area which is important for noise concerns. The landscaping plans provide for 74 trees - two trees for every residence approximately. This plan is t] mst beneficia1.for the neighborhood according to Mr. Newll. 'I ~ I Mr. Newell said L aparbnents already provide one covered garage for each apartment as well as the additional open g. The City ,of- Carlsbad does not arhnent projects. Mr. N-11 a later date. To th sides of the driveway would not be as it would leave a ttoget*and that nuwhere 'in the building code sideyard parking. Under Section 21.44.160 obscure provision in his opinion that shall be so located or constructed that by a garage structure. Therefore, an accessory bilding because a is there a lopment standard stating that there shall space is not to be pr.wided in a garage might there and the garage has to meet setback Q 4l It was the ap' 'on of the ammissian that the possibility ",?of building g ages had been eliminated and that there was asis for applyhg that particular ordinance. ' Under ter 21.50.030 it is stated that the granting of setback: 1 not adversely effect the aatprehensive general plan, and tb density is not a.factor. L i 1 T i i- t; i I' ., * 'CITY OF' ZARLSBAD PAGE 9 PLANNING C@MISSIoN JUNE 22. 1977 There are extraordinary' and exceptional circumstances or conditions applicable to this property. It is ccanposed of four remainder parcels created by Interstate5 right of way acquisition consolidated as a result of that propsty, The length of the lot in relationship to its width provides poor access to the rear and a reduced buildable area in canparison to other lots in the same vicinity. The variance is necessary for the preservation and enjoyment of a substantial proprty right possessed by other pmpert&eE . in the same vicinity and zone butrv.hich is denied to this pmperty because other properties in the same vicinities. are wider in relationship to their depth which provides mre flexibility in design. . By condition, no covers over the open parking will be permitted and the existinq units to the east will be separated from the propsed units by a minimum of 50 feet. The granting of such variance will not adversely affect the canprehensive General Plan because the provision for open parking in the sideyardtwill not affect the General Plan- tion was made to approve V-268 based on the findings lution No. 1380 with the condition .that the school by the Planninq Catmission and paraphrased in "ON AYES tter must be returned to the Planning ccarmission with resolution at the next regularly scheduled meetinq. (8). Case No. SNC X, Dan woodward - Street name change LC,/ . . .. fm Fetiro to Del €&y Avenue. . _, , 3 L,:. &< , .&. Mr. Bud Plender gave the staff presentatian. There was no pmblem with this application. MI?. Woodward resehted the nanre "I&tiro" because if sounded like "retired" which is not the status of this develomt. There.are no mer property owners on the street ana Mr. Woodward will pay for the street nm signs. A mtion was made to approve SNC X based on the fimgs and canditions as found in the staff report dated June 22, 1977. A mtion was ade to continue Case Nos. ZC-194,, ZC-195 and ZC-196 to the Planning camnission meeting of July 13, 1977. MYTION AYES ABsm A mtion was &e for adjouminent of the meting to June 29, 1977 for the purpose of hearing the expansion proposals for the Plaza Camin0 Real shopping center. . I .c Air Pollytfoa Cantml Matrlct, County of san Diego. I am avr%ting to you about 8 project fhat hae had great potcsntlal for excressive Air Pollution, [Phis is the pmposed expansion of the Plaea Camino Real Shoppilng Center in Carlsbrtd. This center has t71'0 large department stores(Mags nnd Penneys) plus ,sumerous shops, theaters, bmb, rCst8urants, etc. The meidtan.ts--of the Pice lountafn residentia2;;"arae in Ocearleide, which lies north of the impending Plaza expansion, hwe been .8ctively oppa-e the siting of yet another vwy large ahopping center in Oceanside opposite the Plaza, bwing their opposition ltjrgely 0:' the air pollution nnd traffic factors involved. hy massive incre:?ae in thesa factors would be a health hazard, The snog effects 02 the wild-life of the lagoon and regional p1nn.t- life could lend 'to a dead lagoon. The enclosed neivspaper Item states thst Paotor vehicles travel associated just wi.tl; the fifth store(8roadway) will produce 1,123 potlnds of cnrbon monoxide,243 gounder of hydrocarbonre, and 151 pounds of nitrogen oxides, and the store itself 28 pounds of air pollutants daily. From this it my be deduced that the total from the five department store8 and the roughly equivalent area of specialty shops and adjacent banks, restaurants, etc, should be at le3a-t ten tinea as ,.:rent. ' f request that you make determinations of the levels of air pollutants in ? the Plaza area, eapecially in the fall and winter months when they are most prevalent. Yours truly, Henry P, Bourke,H.D. Enclosure re Public Hearing, 1616 Eunsakcr St.. Oceanside, Ca. 6/29/77 Edit or: On June 14th your nexpaper had an infornatiVe article on proposed ex- pmsion of Plaza Camino Real shopping center. It stated thzt air pollutants associnted with just the fifth store alone(BrondJ3y) would total 1445 pounds dally. From this it mqy be deduced that the total from the five depsrtsent stores 2nd the roushly equbalent areR of specialty ShoiJS and adjacent &x:ks, restru- rants, theaters, etc, should be at 1e::st ten times LIS great, or 75 tons of toxlc pollutants drily. The .two smaller shopping ce&rs just east of El Cclminc Real, and the Gemco center north of Vista Freeway add their proportionqte sh.?re of gollutants. The result is 8 gigantic fountain of pollution situated in c? nerro7.v valley hemmed in by overly congated highv~~ys that aggravate the problem, On top of this the City of Oceanside is contemplating the develop- ment of a massive shopping center north of Vista V:iy and the lagoon, During the first nine months of lnst year Oceanside exceeded the Feder- al heslth standards for ozone on 44 days, and during 1975 exceeded the levels for hydrocarbons on 189 day?, These readings were taken 2t 100 Cleveland St. where the air is relatively,! clean as compsred ;*tit% the brown smog overlying the Plaza end lzgoon on nmy dTy9. It is time that the citizens of Oceanside end Carlsbzd put a halt to devel opments that cyener3te cuch Ere:?% health h3znrdsT not only to humans,but also to thc x-ild-liPe of the 2djacent bird snnctumy and Ingoon. Ths cities of Oceanside anc? Cnrlsbd could zci-,iLve the snne sales tax benefits if the pro- pozed stores and shopsin;-: centers ncre dispcrscd to outlying srezs( Ean Luis Rey V?.lley, La Costz, etc.) inatezd of 1sc2:ing them to creste a gigzntic ce: 7;OO p.m. June 29th to consider the ezpmsion, It is urged th3t citizens voice their opinq-ons at this meeting, pool of pollutior,. A public meeting will be helg; in the Carlsbrd City Council chnnbers at Eenry P. Bourke , IC. D . ( Ei thhold nnme ple-ise. )