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HomeMy WebLinkAbout1977-08-10; Planning Commission; Minutes-1. 'CITY OF b.-~~~~~~~ PLANNING COMMISSION MEETING AUGUST 10, 1977 c0UNCIL CWIMBERS PAGE 1 QIL;L TO ORDER - The meeting hs called to order at 7: 03 P.M. cAL;L - All Camnissioners were present. PLEDCX OF ALiXGIANCX APPR3VAL OF "ES - The Minutes of July 27, 1977 were approved with the following correction: Page 3, Case V-269, second paragraph to read "Mr. W. H. "Icy (Agent) indicated he was in agreement with the staff report. HEsom1oNs (1) Resolution No. 1389, School District R€qUest, -2 (A) z . A mtion was &e to approve Resolution NO. 1389. (2). Resolution No. 1390, School District Request, PCD-2 (B) . A mtion was made to approve Resolution No. 1390. (3) Resolution No. 1391, Cup-127 (A) , Victor Fischer. A mtion was made to approve Resolution No. 1391. (4) ksolution No. 1392, V-269 Wayne Gossett. A mtion was made to approve Resolution No. 1392. WFum W CATIONS The follawing information was distributed to the Comissionei ktter and newspaper clippings regarding recent fires fm previous Fire Chief Girard W. .. Anear; Letter from City Attorney - Subject: Associated Hme Builders V. City of Livemre, Zoning by Initiative and Growth Control. Letter fram City of San "arms soliciting interest in golf k ORAL COMWNICATIONS - None PUBLIC HErmmGS Continued (1) Case No. CUP-138, H. W. Butts - mrovdl of a Condition Use Permit to operate a residential care facility for six persons at proprty located at the southeast corner of Kelly Drive and El Camim Real. Mr. Mike Zander, Associate Planner, gave the staff report. The applicant, Mr. H. W. Butts, 4810,Kelly Drive, Carlsbad, was present and said he agreed with the staff report. Three residents spoke in opposition to the application: Mr. Joe DeDimicantanio. 4826 Kelly Drive ~" ~~ Mrs. Marge Failing, 4836 Kelly Drive Mrs. Charles Stiffler, 4820 Kelly Drive Their reasons for requestins denial were as follows: ~~~~ ~ - Property had dete;iorat& in the tm years the Butts - Garbage had collected outside of the fence to the point - Yard was never cared for. - Ttm metal storage huts which can be seen from the street; one of which is in the front yard and housed Mr. Butts' mtorcycle. had lived there. where they felt it was appalling. . .. LS cu a1 PRESENT McrrICN AYES MYTION AYES MOTION AYES rxYrIm AYES MYTIOTSI AYES rnament . . f c - - X X 3 K K K ." .- X - B X X X X X Mr. Butts in rebuttal said he agreed that the yard areas needed attention. He reported that as soon as the contractc has ccknpleted the conversion of his garage, he would bring the lm up to neighborhood standards. He said this muld take approximately 45 days. He said he had no objection to mving the metal storage shed in 'the frontyard to the backyard and would do it on August 11th. He said he muld move the sideyard metal shed to the backyard if necessary. The Camnission indicated that Mr. Butts was operating a- facility that was non-conforming to the area and should mintain standards corpatible with the neighborhood. It was pointed out that Mr. Butts is in violation of the zoning code by having the metal shed located where it is in the front yard, by letting the weeds grow and trash collect in his yard and caring $3~ six people before the conditional use permit had been approved. Mr. Butts said the tm people over and me the original four ware temporary and would be leaving by the end of the Week. The Public Hearing was closed. A mtion was made to deny CUP-138 based on the findings that the use was not ccPnpatible with the neighborhood. The mtidn did not carry. : There was a discussion on &ether the conditional use permit could be limited to a nLnnbes of four and if the conditional use permit was approved and subsequently at a later date revoked, could Mr. Butts then operate the facility for four under the original non-conforming use. A mtion was made that CUP-138 be continued to October 12, 1977 for the purpose of allawing Mr. Butts to cmply with his testirnony to clean up the yard and bring it up to existing n&ighborhoOa standards. The mtion did not carry. A motion was made to continue CUP-138 to continue CUP-138 to August 24, 1977, to obtain legal advice frm the City Attorney regarding: (1) Is it legal to limit the ne of care patients to four on a conditional use penit, and (2) if the aonditional use permit is reworded to limit the number to four and then is subsequently revoked, does the applicant have the right to continue using the facility as a non-conforming use. ( 2 ) Case No. .EIR-387, Palomar Airport Annexation - lb consider certification of the Enviromtal Impact Report for the Palamr Airport Annexation. - p.ls. Dana Whitson, Assistant Planner, gave the staff presentation. She explained that the EIR addresses itself only to the impact of the annexatiori of the airport. I MYTION AYES NOES POTION AYES NOES K K K E i 1 CITY OF" CARLSBAD A PLANNING aa"ISSI0N PAC33 3 AUGUST 10, 1977 The mssioners discu~sed ithe econcanic impact that the annexation will have on Carlsbad in regard to services given in relation to revenues received. There was concern expressed for the legd respinsibility of the airport if annexation occurs and discussion about the noise factors as they relate to the take-off and landing patterns of aircraft over the City of Carlsbad. A motion was made to certify EIR-387 for the palamar Airport Annexation with the inclusion of additional information shdng the cost of services VS., the incane generated by annexation for both the present time and projected figures. (3) Case No. GPA-49, County of San Diego - Approval of a General Plan Amendment to change the Land Use designation fran OS (Open Space) to G (Governmental Facilities) to enable construction of a Solid Waste Shredder and Transfer Station. Ms. Dana H. Whitson gave the staff presentation. Clarence Kau&nan, Sanitation and Flood control. County of San biego, sai'd the area from Del Mar north would be servkd ' by this facility. The cities to the north near the Bonsall- landfill muld continue to deposit their trash there. The facility in Carlsbad muld handle approximately 600 tons a day and serve about 170,000 population. Mr. Kaufman explained there ere unusual circumstances in North County which limited the site availability for this project: (1) Either the areas were very close to develomwnts, (2) The area muld impact the airport (dispsal sites cannot be located within 10,000 feet of airport may under FAA regulations) ,or (3) There was too much rock in the mre mte areas and not enough cover dirt or suitable geologic conditions for sanitary landfilling, and (4) it was necessary to have the site serve the population adequately. The site chosen does not have enough cover dirt for conventional landfill but can be utilized as a shredder wasteland fill because there is no requirmt to cover dai$ The EDA grant for 3% million dollars for this project has certain time restraints which would not pennit candamation proceedings that muld achy the.purchasing of new land. The site is County owned land. m. ~ary wesch, County of san Diego, ' stated that the roads were City mads and the traffic would be the responsibility of the City. He realized there would be conditions Placed on this. Mr. €bss Spalding, 4123 F Street, Carlsbad, Manager of Japat corpOration,who are the mers of the property adjacent to t west of the site,said he wished to go on record as not necessarily opposed to the project but concerned since they plan to build an industrial park and because of this they are concerned about the noise and aesthetics of the facility A motion was made to continue PA-49 to August 24, 1977 in order to allow the Board of Supervisors time to certify the EIR on this project. I PJXYTICIN AYES NQES ABSTAIN ma AYES "- " X X K 4 X PLANNING 03"TSSION PAGE 4 (4) Case No. ZCA-90 City of Carlsbad - Approval of a Zone Code Amendment effecting height limit in the C-2 Zone. em. Mike Zander gave the staff presentation. A guestion was raised if there was any other way for' the problem in the agional Shopping Center to be solved, since it would man a section in the Municipal Code for a particul project that would only be used once. Mr. 'Zander said there were other options that could be taken but that in the opinion of staff this was the mst expedient and adequate manner to handle it. A mtion was made to approve ZCA 90 based on the information contained in the staff report. Resolution 1393 (5) Case No. CUP-138, John R. bbck - Approval to construct the St. Elizabeth Seton Parish (Bmunity msisting of an education center, church, social center, rectory with support buildings and structures on property generally located on the mrth side of Alfanje Street between Alga Fbad and El Fuerte. Mr. Zander requested that Cup-138 be continued to August 24, 1977 as the applicant had suhitted new site plans which had to be reviewed. ! A mtion was mde tn oontinue CUP-138 to August 24, 1977, to allow staff time to review the new site plans sdmitted by the applicant. Olive Drive to Pi0 Pico. Mr. Mike Zander gave the staff presentation. He distributd a letter fram Mrs. Patricia A. Dresselhaus (aka Patricia A. Fbthen-el) requesting denial of the street nam change because of costs and inconvenience. The Cornnissioners discuss@ the incanvenience caused by street ram changes and what actions .the City can do to make the change as easy as possible. The Post Office will continue a dual delivery to both the old and new names of the streets for a period of 18 mnths. It was determined that personal and property safety took precedence over the inconveniences caused due to conflicting street names. It was suggested that a period of six mnths to one year after approval by City Council be established before the street^ name\ change is effective. Mr. Tim Flanagan suggested that staff experience had prover that it was best to make the change effective irrmeaiately and then allow an 18 month 'j?eriod for physical change of name to take place. TIE mps muld then imnediately be corrected and all official recordings muld be in line with the name change. A mtion was made to approve Street Nam3 Change VI1 changing Olive Drive to Pi0 Pic0 affective inmediately hlt subject to 18 mnths for the physical street name change to be acmlished. Resolution No. 1394. X X X X "" ' . 'CITY OF CARLSBAD PLANNING cyxIplIss1m PAGE 5 AUGUST 10, 1977 MEW BUSINESS (7) Case No. RX-159, Senior Citizen Housing- Mr. Mike Zander said that the City Council had instructed staff to aamplete a study for Private senior Housing and set the matter to public hearing.. He distrihted a letter from Mr. William B. Rick of Rick Engineering whish request€ the Camnission set the matter forrpublic hearing. carmtission L'Heureux stated that he wuld like to have the City Attorney present when -this matter canes up at public hearing. A mtion was made to approve FOI-159, Senior Citizen Housing, for public hearing. Meeting adjourned at 10:15 P.M. \ I MOTION AYES . "_