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HomeMy WebLinkAbout1977-09-28; Planning Commission; MinutesPLANNING COMMISSION MEETING SEPTEMBER 28, 1977 COUNCIL CHAMBERS -2 PAGE 1 '. i' .I B. CITY OF.... CA.RLSBAD " CALL TO ORDER - The meeting was called to order at 7:03 P.M. ROLL CALL - CommisSioner Jose was absent. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - The Minutes of August 24, 1977 were approved with the deletion of "to enable construction of a Solid Waste Shredder and Transfer Station" from the headin of Case No. GPA-49, Page 1. RESOLUTIONS (1) Resolution No. 1397, CUP-138, H. W. Butts A motion was made to approve Resolution No. 1397. (2) Resolution No. 1398, CUP-139, John R. Mock . A motion was made to approve Resolution No. 1398 with the addition of Condition No. 1;1: "The erection of the Cross is not approved by this Canditional Use Permit. It must meet the requirements of the City 'ordinance for signs. I' . (3) Resolution No. 1401, CUP-141, Robert Colburn ' A mo"ion was made to approve Resolution No. 1401. WRITTEN COMMUNICATIONS Mr. Bud Plender, Assi-stant Planning Director, requested that "Archaeology Requirenknts for Royal Homes Unit #6 - CT 76-2" be added as i tern No. :16 under New Business. He distributed a letter from Mr. Bert D. Alton in connection wi.th Case- No. 8 (Winton) and a letter from Mr. Frank Fitzpatrick regarding Case No. 10 (Pearlman). ORAL COMMUNICATIONS - None PUBLIC HEARINGS (New) Appeal of Det,ermination of Declaration of Negative Environmental Effect Regarding the Sewer A1 1 ocation System of the City of Carlsbad.. Alexander Bowie. Mr. Bud Plender gave the staff presentation. He stated there were three courses of action open to the Planning Commission: 1) They could modify the Negative Declaration, 2) They could requi,re that an Environmental Impact Report be certifie 3) They could deny the request for appeal. If the Planning Commission denied the request for appeal , the ,applicant could appeal the action to City Council. Mr. Plender request final action by taken on the request as the appeal is 10 days from the mai ling date of the resolut.ion. Comnissioner Rombotis stated that he has property that miqht be effected by this action and would abstain. PRESENT MOTION AYES ABSENT MOT1 ON AYES ABSENT MOT I ON AYES 4BSENT YOT I ON 9Y ES lBSENT i i T CITY OF CARLSBAD : PLANNING COMMISSION MEETING SEPTEMBER 28, 1977 PAGE 2 Mr. Robert A. Ryan represented Alexander Bowie, applicant, 610 NewPort Center Drive. Newpbrt Beach, Cal ifornia 92660. He distributed a letter addressed to the Members of the Planning Commission dated September 28, 1977, which is on file in the Planning Department files. The purpose of the letter was to supplement the verbal presentation. Mr. Ryan said the position of the applicant is that the way to proceed in compl i ance with Cal i fornia Environmental Qual i ty Act of 1970 (CEQA) and the Guidelines is that an Environment Impact Report should be certified prior to the First Phase Sewer Allocation System. He stated that City staff 'did .follow the City' s procedure of a Negative Declaration as required, but in his opiniondhe City ordinance does not comply with CEQA Guidelines. Mr. James Hagaman, Planning Director, stated that the. Negative Declaration and the Environmental Impact Assessment forms were on his desk on September 9, 1977. He signed the Negative Declaration on that date but the signature sheet for the Environmental Impact Assessment form was not include with the package. It was sent to his offjce the next day at which time he signed and"dated it September 10, 1977. "_ ~ Mr. Vincent Biondo, City Attorney, stated that the Planning Commission should base their action for either denial or. approval of the appeal on whether or not they. believe there are siqni fi cant environmental. impacts that are involved in the First Phase Sewer Allocation System. The Comnissioners were of the opinion that a Negative Declaration was proper. They did not believe that'270 sewer units would create a significaht impact or that an Environmental Impact #Report was required. They stated that the only projects to ;be considered for sewer distribution are those projects which have previously gone through some form of environmental revi'ew' and have been certified by due process and full pub1 ic hearing. Pub1 i c Hearing closed 8: 50 I A motion was. made to deny the appeal. of Determination of Declaration of Negative Environmental Effect regarding the Sewer Aloocation System of the City of Carl sbad because 270 sewer units would not create a significant impact on the environment and that a Negative Declaration was , proper. Resolution No. 1402. (2) Case No. V-270, Bernie Gilmore - Request for a Variance to Section 21.34.110 of the Zone Code to al.low the use of a wood fence with 1 andacaping in 1 ieu of a sol id concrete or masonry wall to screen outdoor storage. Mr. Bud Plender gave,, the staff presentation. The code requires a sdl.%d masonry fence around outdoor storage. staff recommends that ' masonry wall be installed on the El Camino side. The-applicant is suggesting that he will gunni te the fence which has the appearance of masonry. This will not have the lasting durability of solid masonry wall. In answer to the question by the Commissioners as to why this problem is coming up at this late date since they have been there for awhile, Mr. Plender said that the applic had made requests to the City Couqci 1 to amend the ordinance The Counci 1 did not wish to change the ordinance; however, staff allowed time for this request to go to City Counci'l.. However, if the Comi ssion approves the variance MOT1 ON AYES ABSTAIN ABSENT * It CITY OF CARLSBAD PLANNING COMMISSION MEETING SEPTEMBER 28, 1977 PAGE 3 I The applicant was not present. Because of the obvious interest the applicant had displayed in the two previous Planning Commission meetings when his case was Continued, the Commissioners felt this case should be continued to the next scheduled meeting.. A motion was made to continue Case MO, v-270 to Planning Commission meeting of October 5, 1977. (3) Case No. V-271, Robert Gi 1 lingham (Ebright) - Request for variance to reduce front vard setback from 10 feet ~ to 7 feet on property located" on the south side of Tamarack Avenue between Garfield and Carlsbad Blvd. Mr. Bud Plender stated that the applicant had requested that this case be continued to the October 12, 1977. Staff felt there was a good possibility that no variance would be required at that time. A motion was made to continue Case No V-271 to the Plann Commission meeting of October 12, 1977. (4) Case No. V-272,Sam.Gendusa - Approval of a Variance 'to -allow the reduction of a sideyard setback from s i ng ix feet to two feet along the east side of Parcel 1 of MS-303. Mr. Bud Plender gave the staff report. question by the Comnissioners, he expla dr.iveway would be used by both lots. ' In answer to a .ined that the The Commissioners sai'd that the .main house the resolution should state the variance covers both the house and the guest house.. The Planning Commissioners wishec to go on record that they recognize the back bui ldi'ng as . a guest house. would require a 3% feet setback and therefore Mr. Sam Gendusa, 1149 Magnolia, Carlsbad, California'stated , that he agreed with the staff report approving his request. The public hearing was closed at 7:35, P.M. A rnot'ion was made to approve Case V-272 based on the findings and subject to the conditions of the staff report and with the inclusion of the house as well as the guest house. The resolution should state- that the Planning Commission recognizes the back building as the guest house. Resolution No. 1403. (5) Case. No. ZC-197, County of San Diego - Request for approval of a. zone change from 0-S ('Open Space) to M- (Manufacturing). , Mr. Bud Plender gave the staff presentation. . In answer to t-a ques.tion .b.y.,the..~.Co~i9si~~~'~'s, k idehfidlfied ! , I I:: I , !,I the smal 1 area marked on the exhibit that was zoned R-1 . as belonging to the Carl sbad Municipal Water District. The use is industrial even though it is zoned R-1. In answer to the question 'as to why wasn't there a .lot spl it, Mr. Plender stated that the property is under one 'ownership at this time. If portions are later sold, a subdivision map Wil' be req'uired. The request is to zone M on 58 acres Of this 230 acre parcel. MOT I ON AYES .ABSENT MOT1 ON AYES -ABS E NT MOTION AYES ABSENT * .. . .. CITY OF CARLSBAD PLANNING COMMISSION MEETING SEPTEMBER 28, 1977 PAGE 4 , .. " Mr. Clarence Coffman, County of San Diego, Sanitation and Flood Control , representing the applicant, said there was very little he cokld add to the presentation by Mr. Plender. He stated that the Carlsbad Municipal Water District property is presently. for sale and the County does have an interest in purchasing the property. The public hearing was closed at 7:45 P.M. A motion was made to approve ZC-197 based on the findings as outlined in the staff report.. Resolution No. 1404. (6) Case No. CUP-140, County of San Diego - Request for amroval of a Conditional Use Permit to enable construction of a Solid Waste Shredder and Transfer Station. -a I ~ Mr.. Bud Plender gave the staff presentation. He stated that he had been under the impression that the. archaeological findings had been met, but they have not,. Mr. P1 ender said a condition sho.uld be added stating ttiat all of the mitigating measures as listed in the Environmental The Commissioners wished an explanation for the wording "temporary" left hand turn pockets in Condition #17 since this would be a permanent installation. Mr. Tim Flanaaan, . Impact Report on archaeological impacts shall be met. ~ - City Engineer, explained that the ultimate plan is f& a one medium opening not at this location. It will be ~ .. " .. ~ several hundred feet from this area combined with a future improv&nent to the aitport. The Commissioners expiessed concern for the traffic probl'ems. They asked for the time frame being planned for this' emporary pocket with reference to the EIR on the amount f traffic to use the roads. They wished a review.of the , d problems between how and the time t the intersection. They were not stop was adequate for the number using the facility. ed that it would be three to five signal would be Placed at the robably take five to eight years e installed. Mr. Flanagan stated th peak hour movements of traffic f traffic itself. oncerned wia' the expense of the a1 ly in .regards to Pal omar Airport estimated that the expenses.would 5,000 approximately per year for ssed the safety condition of it now exists. Mi. Ti'm Flanaqan a1 and vertical a1 ignment of t of El Camino Real has got to be too highly banked and there are e to see the traffic as you go over it is treated within the normal t was adequate until such time as a1 .alignment would be accomplished. 40TI ON 1Y ES lOES ' lBSENT * P PLANNING. COMMISSION MEETING PAGE 5 ,SEPTEMBER 28, 1977 The Comnissioners.addressed the problem of litter on the roads as the trucks and private conveyances brought their trash to the site. The trucks are required by law to have their cargo covered. The Commissioners were not satisfed that this will solve the litter problem, physically or financially. Commissioner Fikes asked who is responsible for litter pick- up and how much wi 11 it cost the taxpayers. Mr. Plender said that as far as he knew the City does not have a 1 i tter pick- up crew.. Evidently the problem was not significant enough during the dump operation across the street for the City to have a maintenance crew at that time. Therefore, Mr. Plender thinks that maintenance will.not be necessary for subject- operation. Mr. Clarence Coffman, Department of Sanitation and .Heal thy County of San Diego , stated this type of faci 1 ity was chosen I: the County as being the best choice for handling trash in the North County. The site was chosen as the best available and a1 so since it was County owned. He showed sl ides of shredder facilities in Madison, Wisconsin and in Lane County, Oregon, which are similar to the facility planned for this site. Mr. Coffman distributed copies of changes in the conditions of the staff report which he felt should be considered by the Commi ss i on. Mr. Dennis Alekel, Beckman Instruments, which is located immediately north of the proposed site, said Beckman Instrumer is one of the Mi crobics Division which manufactures enzymes for use in medical diagnostic procedures. They are under close surveillance by the Food and'Drug Administration. Beckman already has a rodent problem from the natural area and cannot use anything but mechanical traps to control it. Mr. Alekel asked that insects also be added to the condition on the County regarding rodents:. A general discussion by the Commissioners was addressed to noise and the requirements by staff for a level of ,not more than 60 dB(A) at the boundary 1 i ne. There was concern for the publ ic brinqi nq trash to the area and it was felt that the publ ic area should not exceed this requirement. The.y would want close monitorinq of the noise as it would effect the surroundi nq area. Mr. L. W. Rash, 4156 Hiqhland Drive, Carlsbad, expressed concern the City could not .monitor the noise .in the absence of a noise attenuator. The Commissioners reviewed each of the conditions in the staff report and made changes in many of them. A copy of the conditions approved by the Planning Comnission is on file in. the P1 anning Department. The Public Hearing was closed at 11 P.M. , A motion was made to approve CUP-140 based on the findings in the staff report and subject to the conditions outlined by the Planning Commission. . Motion did not carry. Chairman Larson and Comnissioner Rombotis agreed to change their vote to deni a1 to' a1 low the County the opportunity of appealing the Planning Commission decision to City Council. A motion was made to deny CUP-140 based on the findings that the use of this site is not in harmony with the General Plan and will be detrimental to existing uses in the surrounding I MOT1 ON AYES WOES ABSENT L CITY A OF PLANNING COMMISSION MEETING SEPTEMBER 28, 1977 PAGE 6 area, especially nearby future residential; the traffic in the short term cannot be mitigated to their satisfaction,' and the use should not be in the City. of Carl sbad since it does not fit the daracter of this community. Resolution No. 1405. Staff was instructed to send a report to City Council &xplaining the action of the Planning Commission and including a copy of the conditions of approval developed during the hearing as we1 1 as the recommendation that if the City Council action is contrary to the Planning Commission cdecision, this item not be returned to the Planning Comissi-c 'since their action is final. Xmotion was..made to continue the following items to the adjourned meeting of October 5, 1977: ' CARLSBAD I Case No. ZCA-85, City of Carlsbad Case No. ZC-l86(A), Ross Winton, et Case No. CT 77-1 3, Harry Fries Case No. ZCA-86, Ci ty of Carl sbad ;he four New Business items listed on a1 . $he agenda. (10) Case No. CT 77-14, Samuel W. Pearlman Request for approval of a tract map for approval of a three lot, 16 dwelling unit condominium project on property generally located on the northwesterly side of Gibralter Street between. Romeria Street and San Marcos Canyon. Mr. Bud Plender stated that the applicant had requested that this case be tabled without prejudice until Mr. Pearlman could obtain a school letter. A.motion was made to iable.~Case No. CT 77-14 without, prejudice until the applicant was able to secure a school letter. The meeting adjourned at 11:30 P.M. to Wednesday, October 5, 1977. I .+ / I vlOTION 4Y ES VOES 4BSENT llOTI ON 4Y ES 4BSENT YOTION AYES ABS E NT *