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HomeMy WebLinkAbout1977-10-26; Planning Commission; Minutes"ARLSBAD 4 PLANNING COMMISSION MEETING OCTOBER 26, 1977 CITY OF CARLSBAD COUNCIL CHAMBERS PAGE 1 I CALL TO ORDER - The meeting was called to-order at 7:05 P.M. ROLL CALL - Comni ssioners L' Heureux and Fi kes were absent PLEDGE OF ALLEGIANCE , . APPROVAL OF MINUTES (1 ) A motion was made to approve the Minutes of October 5, 1977 with the correction on Items 5 and 6 that Commissioner Jose had made the motions for ZCA-86 and ZCA-84, and 'Commissioner Jose voted No on first motion of CT 77-13. - (2) A motion was made to approve the Minutes of October 12, 1977 with the following changes and corrections: Page 3 - First Sentence - Add "circulation" after traffic. On Page 4 in the paragraph just ahead of the motion, indicate that Chairman Larson expressed concern "after the hours" as stated. Commissioner Jose voted "No1' on the iinute Motion for the CUP-140, Page 5. Commissioner Rombotis made the motion on ZC-196. . that the sale of 1 iquor "at a1 1 hours" rather than RESOLUTIONS (1) A motion was made to approve Resolution No. 1406, V-270. L (2) A motion was made to continue Resolution No. 1407, . ZC-186 (A) to the ;meeting of November 9, 1977 for changes by staff of Condition No. 5. Commissioners Rombotis and Jose would not approve the resolution as they did not have the number of lots that the change of zone would create and therefore felt that they Cod d not determi ne that the 'impact of the increase( lots- in the area would be detrimental to the neighborhooc by increasing traffic as stated. (3) A motion was made to approve Resol uti6n No. 1409, ZCA-85: ' City of Carl sbad with 'the fol lowing change: Change Section I I (10). ('B) (1 ) of Exhibit "E" to read "The minimum age of at least one of the occupants of each unit wi 11 be 62 years .It (4) A motion was made to approve R6solution No. 1415, SUP-2, with the change in Finding .No. 3 to read: The effect of filling will be minimal because it will raise the water level less than thr.ee inches at the station locate( three miles above stream from the mou$h of the Agua . Hedionda (M+3.0). '. * . WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Mr. Bud Plender, Assistant Planning Director, said he was adding two additional i terns to the 'agenda: (6) Discuss Resolution of CT 77-15. (7) Discuss adjourned Planning Commission meeting for November 16, 1977. .. . . - . - . . - . - - . . . . - ~ . -. _. 'RESENT IOTI ON ,BSTAIN ,BSEBT ,YES IOT I ON LY ES LBSENT IOT I ON IY ES IBSENT IOTI ON 1Y ES iBS ENT 1BSTAI.N IOTION IY ES \BSTAI N \BSENT IOTION \YES '. LBSENT - X X X X X X " " CITY OF LARLSBAD PLANNING COMMISSION MEETING OCTOBER 26, 1977 PAGE 2 PUBLIC HEARINGS (Continued) (1) Case No. ZCA-86, City of Carlsbad" Residential Estate (This i tem was placed at the end of the Hearing because the' were a number of citizens in the audience who were attendinl for later items on the agenda and this item would perhaps take quite a while to cover.) Mr. Plender suggested to the Commission that the staff . presentation be a combined staff presentation - public Zone .' I . ._ . . hearing in that each section of the application be reviewed inviting discussion from the audience and the- Commissioners as the review progressed. Mr. Bob Sonneborn , 3985 Stel 1 a Maris Lane , Carl sbad , Mr. Alan Kelly, Sr. and Mr. Alan Kelly, Jr., Carlsbad, were present and contributed to the discussion. Messrs. Alan Kellg, Jr., Bob Sonneborn, Commissioners Watson, Rombotis and Chairmdn Larson objected to the 1800 sq. ft. minimum fo dwelling unit in Section 21.09.020(1) as-they felt the size of the building did not guarantee quality. ,Mr. Sonneborn did not' like the restriction because he felt the,market plac should.dictate the size of the building and that the CC&R's should govern that decision - not the government. The Eel11 disagreed with the number and types of animals in relation to grazing and suggested staff contact the University Agriculture Extension. Mr. Sonneborn was not in agreement with the two acre average lot .requirement. He said this was a residenti a1 development and one acre minimums would a1 low flexi bi 1 i ty upwards from that. He added that the two '.$ acre average was too large a jump in size from the R-1-10,OI and 15,000 lot minimums now in the City. Mr. Tim Flanagan; City Engineer, clarjfied the fire hydrant section. in 'relation to buildings placed on the lots. The Commissioner! ' generally objected to the wording of view obscuring fence 0' wall in Section 21.09.050 and requested "method to obscure" be used instead. A general discussion among the Comnissionc staff .and the citizens resulted in the changes listed in thc motion. -3 ' A motion was made to approve ZCA-86 for the reasons' out1 inel in the staff report and with the following corrections andlor changes.. .The Res~lution is to be..returned, to the Planning Commission for final approval at the Planuing . Comrni ssion meeti ng of November 9 , 1977: Section 21.09.020 (1 ) Delete the second sentence. 2) Staff to check with University Agriculture Extension to determine proper number of animals by type that can be ' arazed in Carlsbad Der acre. _. /- ~ . Section 21.09.050 -hid line,,delete "fences or wall" and .c add "landscape barrier or other method." .. Section 21..09.080 - -(l) First line insert "chain link or equal". after "combination;" Delete "Chain link fences are. : expressly prohibited in front .yard."' Section 21.09.090 - Amend section to permit hodification of side yard if terrain is rough. Section 21.09.160 - 1 (e) Must have ,drainage easements as a requirement. l(f) Add ''curve radius. 2(a) City Engineer must provide wording that requires sewer, but,i t can be ' waived bv City Council i T certain circumstances exist. Section -21.0!f.170 - Add "This document'is to become a permanent record to the CC&R." I Resol ution No. 141 9. F P t '¶ 8 IOTI ON ,YES . ,BSENT ,. 8 . " " -r " CITY OF YARLSBAD PLANNING COMMISSION MEETING OCTOBER 26, 1977 PAGE 3 (2) Case No. CUP-142, Dennis Dassof - Request for approval tl permit a commercial use (health club) in the P-M zone at property generally located on. the west side of Yarrow Drive between Cami no Vida- Roble and Palomar Airport Road Mr- Bud Plender presented the staff report. . The applicant was not present. No one spoke in favor or in opposition to the case- Public Hearing dosed at 7:30 P.M. In answer to a question by the Commissioners,. Mr. !lender stated that the issue is Section 21.34.020 of the -M Zone that requires a CUP for commercial uses in the P-M zone. To approve any of these uses the Planning Commission must find 'that the use is a service required for the convenience of occupants in the P-M zone. The intended use by Mr. Dassof does not fit this requirement. . A motion was made to deny CUP-142 based on the findings in the staff report. Resolution No. 1417.. (3) Case No. 143, Charles Monson - Request for approval . of a private school at 2675 Highland. Jdr. Bud Plm& gave the staff presentation. Mr. Charles Monson, Adplicant, 1862 East Lemon Heights, Santa Ana addressed hls discussion to the six 'terns people- in the area were concerned with': .. . 1) Taxes. Mr. Monson said there would be no addS ti onal tax burden to. the citizens. 2) Promises. The original CUP was granted without restricting .the use of the Church and Mr. -Flonson did not believe that the Pastor had made the commitment that the . Church would be used only on Sundays and .Wednesday evenings with occasional other uses such as weddings,. etc. 3) .Outside coming in. He felt that his c-oming from Orange County could be classi fed as outsiders coming in. The teachers at the . school will be from North County. 4) R-1 Zone. The City of Carlsbad permits slrch a use in the R-1 Zone. 5) Noise. Because of staggered recess periods and organized play, the noise would not be a problem ._ _. 6') Traffic. Mr. Monson did not feei this presented a probl since most of the traffic would come from the freeway as well as from .Las Flores Ave. The pa-rents are, required to park and personally deliver the students to the teachers so there woul not be dropping off of'students in the streets. He presented to the staff 140 signatures ofpeople who lived in near proximity to the school and 68 names a 1 i ttle farther :; out, a1 1 in f.avor of the school. It wi 11 be a Cardin School Sys tem. H. D. Gilliken. 3251 Carolyn Circle, Carlsbad,Board Member for the Church of the Nazarene, spoke in favor of the application because 'he feels it is something that the community needs. ~ ~~ IOTION rY ES IOES IBS ENT .. 8. X L .CITY OF- 'v 'ARLSBAD a PLANNING COMMISSION MEETING OCTOBER 26, 1977 PAGE 4 .I . Those speaking in opposi ti.on: " Mrs. Mi 1 dred Hi1 1, 141 5 Forest Avenue, said they have a piece of landlocked property located back against the Church parking lot. At the time the Church was built they secured access via a legal 1 icense to .cross on the Church grounds. She said they were assured at that time that the activities of the Church would be limited to worship on Sunday, religiot holidays and perhaps one evening per week. Mrs. Viol etta Gi ts, 1502 Las Flores Drive, expressed concern ! about the number of students attending the school. She felt that once the conditional use permit was granted-allowing 50 students, there would be nothing to keep the applicants from increasing on. that. She did not .feel the Church was a good location for the pctvate school because of the c%oce proximity tn homes in the area, the noise from the additional traffic and the noise necessarily associated with school activities . - Mrs. - "- Lucille ".", 7ienler 2701 Mornina Glnry I,ane, related a conversation that she said she had with the Reverend after recei vi no the notice of -the hearino. He told her that the enrollment would be anproximately 50 through the sixth grade with the enrollment nossibly growing to 200. Mr. Bernard Prosser, -2658 Highland Drive. was of the opinion that the playground area was too smal 1. He said they did not need a baby sitting service in the area as there were few- mal 1 children in the neighborhood. He was a1 so concerned with the traffic in the area generated by the school .. Mr. Prosser did not feel the school would increase the property value of the; neighborhood. Although he was not . , against the school, he did not want it there. Mr. Mike Lawford, 2025 Chestnut, questioned the di.fference between CUP 142 and CUP 143. Hr. Plender explained the schoo' -in CUP-1'42 was in an industrtal area, CUP-743 .is in a residential area. Therefore, circumstances are different. In rebuttal, Mr. Monson said that with the extended day _. program they :do provide a service for working parents by accepting the children before the school starts and continue until 6 P.M. They do not consider this a baby sitting servicc As far as having 200 students, he said he did not know what tk capability of the Church would be after full construction. * Mrs. Gits wanted to- know what legal limitations would be put on the applicant if the approval was granted as far as the number of students were required. Chairman Larson said they would be 1 imi ted to the conditions of the Conditional Use Permit. ,- .. Mr. Gilliken stated. there was a.big misunderstanding about the telephone call Mrs.. Ziegler referred to. He said the citizens in the area original ly thought they were going to build a school where the playground was and that they were going to go from the first through twelth grades. He said th-t were going to expand as a congregation. His question was woul they try to block the expansion of the church. The Public Hearing closed at 8:55 P.M. I i I. * c CITY OF A3ARLSBAD PLANNING COMMISSION MEETING OCTOBER 26, 1977 PAGE 5' Commissioner Jose commended Mr. Monson on -his presentation and would welcome the institution-into. the City of Carlsbad. However, having been in on the initial discussions of the Church he felt th2t the Sunday, Wednesday usage with occasior uses other than that was. discussed thoroughly. For this reasc and others he feels the location of the school in this area would be a detriment to the area, and that the Commission woul be remiss if it granted approval. Commission Watson said that when the applicant picks up an application at City Hall, the first thing he must do is check the neighborhood to be sure he has the neighborhood with. him in making a change in their area. Commissioner Romboti s agreed that the school belongs somewhert in the comnunity but not at this location. A motion was made to deny CUP-143, private day school for reasons listed in the staff report. Resol uti OR 141 8. . (New Busi ness) (4)' PCD-5 Don Sharp Porsche - Request for approval of a , building (SP-19) for adding of a new dealership (Porsche: to the existing..Don Sharp dealership to be housed in a . separate bui 1 di rig. L Mr. Bud Plender gave the staff presentioa. The Commissioners suggested a better marked pedestrian walkway to the restroom area in the main building until such time as a sewer permit; is available. Staff ,recommended that; a condition be made of approval that would eliminate two park'ing stall s to be whi tel ined. - for pedestrian traffic. Robert Knauf 810 Mission Avenue, representing botti. Don Sharp, applicant,and Car Country, emphasized that this was ' a continuation 'of Car Country and they 'have their own CC&R's which are much stricter than the City requires .. He said it is the intention of Mr. Sharp to blacktop the decomposed area in the back. A- motion was made to approve SP-19 based on the findings and subject to the conditions of the staff report with the fol lowi corrections and additions: Condition 2 should read: The porl of the plan that shows no development shall be paved with asphaltic cement to the satisfaction of the City Engineer. Ad( the condition that pedestrian access- between the two building: be well marked until a sewer permit can be obtained. Resolution No. 1420. .. .. (5) Archaeological Investigations at ,La Costa North Lake. and Go1 f Course Complex. , Mr:.Bud Plender said ME. Bull, the author of the report, was in the audience to answer any questions of the Commissioners. Mr. Charlie Bull , Regional Environmental Consultant, 5620 Friars Road, San Diego. discussed SDM-W-149 on Pa e 23 of the report.. In answer to a question he explained ? hat the depth of the third layer would sti 11 be preserved if the area were devel oped. 10T I ON LBSENT \YES /IT I ON rY ES rBS ENT ,. ' *. , " c " CITY OF CARLSBAD PLANNING COMMISSION MEETING OCTOBER 26 , 1977 PAGE 6 i A motion was made to accept the report of the archaeological investigations at La Costa North Lake and Golf Course Comp 1 ex. (6) Discussion of resolution for Thunderbird Ranch CT 77-15 Mr. Bud Plender said that it may be necessary to suggest to the City Counci 1 a change in the findings and some of the conditions especially as they pertain to sewer and septic tanks, etc. Rather than bring it back for Planning . Commission reworking of the resolution, staff recommends that it go to Counci 1 and let them work on it' from a pol icy s tandpoi nt . The P1 anni ng Comni ssi oners agreed. (7) A Minute motion was made to approve an adjourned meeting of November 9, 1977 to November 16, 1977 to discuss ZCA-91 and CUP-146. The Meeting adjourned at 11 :45 P.M. MOTION AYES - ABSENT ilOT I ON lY ES 1BSENT *