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HomeMy WebLinkAbout1978-04-26; Planning Commission; MinutesCALL TO ORDER - 7: 00 P.M. ROLL CALL - All Corrnnissioners were present. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A motion was made to APPROVE the minutes of April 12, 1978 I RESOLUTIONS A motion was made to APPROVE Resolution No. 1441, as submitted. , A motion was made to APPROVE Resolution No. 1442, with the following correction: Page Two, No. 4, change the word "obscured" to "enclosed". WIDEN COWICATI~P~S - Gne. ORAL COWICATIONS Mr. Don Rose, Associate Planner, indicated that public notices were published, regarding two subdivision maps, CT 78-1 and CT 78-2. He informed the Commissioners that the applicant of CT 78-1 has requested a continuance to the May 10, 1978 meeting, as agreements have not yet been reached with the schools regarding availability. He further indicated that CT 78-2 had been withdrawn. A motion was then made to CONTINUE CT 78-1 to the May 10, 1978 meeting. PUBLIC HEARINGS (1) Case No. ZCA-95, Wild Animals - Request to approve a Zone Code Amendment to rekise the regulations . applicable to wild animals and private-zoos. Mr. Don Rose, Associate Planner, gave the staff presenta- tion. He explained that in order to make City regulations commensurate with County regulations, staff was directed by City Council to draw up new regulations. Commissioner Larson expressed a concern in regard to the number of animals per square feet as it pertains to Section 11, K, of the proposed ordinance. Commissioner Jose, related a personal experience through which he had learned that the City itself, unless it adopts county regulations, is responsible for picking up stray dogs, and further that the county allows a minimum of six dogs per residence. He mentioned that the proposed ordinance refers to a three dog limit and he inquired as to exactly what was the number? h1r. Don Rose in response stated that the next item on the agenda, ZCA 96, makes it a total of three, in any KlTI ON LYES &STAIN DTION LYES @STAIN IOT ION LYES @STAIN Imr ION \YES BSTAIN combination. If that number was in conflict with the county, and because of that conflict there would be an enforcement problpm, he was not aware of it. He 4 assured the- Commission that it would be looked into. . .. Commissioner L'Heureux, in follow-up to Commissioner's Larson's question, asked what guidelines there were as far as square footage needed for a particular animal. Mr. Don Rose stated that he didn't know if the county had square footage requirements for each animal or what their licensing requirements were. He pointed out that if the ordinance were adopted, that would imply acceptance of whatever regulations they have. Commissioner .L'Heureux voiced a concern about what criteri the City could use if, for instance, someone proposed to have a zoo on 20,000 sq. feet of land that he owned. Along that line, he felt the Commission should also know what kinds of procedures there were for ascertaining or guiding staff and/or applicants in these types of situations. He felt that the Code ought to outline some type of starting point. Commissioner Jose suggested that the item be continued in order that further clarification of some of the points brought up cwld beainvestigated. A motion was made to CONTINUE this item to the May 10, 197 meeting in order to give staff an opportunity to further investigate county regulations as they pertain to the City and to report back to the Commission their findings. (2) Case No. ZCA 96, Chinchillas - Request to approve a Zone Code Amendment to revise the permitted use regulations regarding the keeping of chinchillas, dogs and cats. Mr. Bud Plender, Assistant Planning Director, indicated that during. the discussion of ZCA 95 some questions had been riised which pertained also to ZCli 96, and for that reason suggested the continuance of ZCA 96, pending the results of the investigation. A motion was made to C&hTNUE ZCA 96 to the May 10, 1978 meeting . (3) Case No. ZCA 94, Condominium, Condominium Conversion Mr. Bud Plender indicated that the contents of the proposed ordinance under consideration had been discussed previously and opened the matter up for questions. Commissioner Woodward inquired as to whether or not it was significant which side of the sidewalk the setback dimension-was measured from. Mr. Bud Plender responded that yes, it was measured from the outside and that would be clarified. " -__" DTION XES €STAIN KIT ION XES J3STAIN \\ \ CITY OF CmLSBAD Planning Cormnission Minutes April 26, 1978 Page Three (3) I t Commissioner Woodward voiced concern over the lengthy ", definition of condominium found in the proposed ordinance. Mr. Bud Plender respondyd .that.the definition was taken , from the state language in their definition and that it was kept that way for purposes of consistency. Commissioner Woodward pointed out that -on P. 4 of the proposed ordinance, it was not clear, under staff comment what "reduction from'' was referring to. Mr. Bud Plender answered that it referred to a reduction in amount of space per dwelling units, and that this was because of a greater turn-over, there-would be less total demand. Commissioner Woodward broukht up for discussion the high cost of maintaining space and how that might be alleviated. Also, she mentioned that she did not see any mention of firewalls in the proposed ordinance. Mr. Bud Plender pointed out that firewalls was one of the main areas of concern in developing the ordinance and that after due consideration, it w& d&ided that the existing regulations in the code would apply to condominium Chairman Rokotis stated that this meant that condominiums will meet current bu;il.ding,s;tandards so that any building constructed prior to' 1973 would not be convertible, under this ordinance. Commissioner Fikes asked if this was the intent of staff. MR. Bud Plender responded that no, it was not. He further stated that some years ago at a Planning Commission work- shop the question- was raised, "Should we or should we not preclude conversion to condominiums?" He said that the Planning Commission felt that we should not permit any conversion unless it met full City standards. He noted that the proposed ordinance is actually less restrictive than the originally drafted ordinance in that it does permit the City Council to reduce condominium standards for conversions. Chairman Rombotis pointed out the complexity of the subject as you are dealing with occupancy expirations and building ratings, etc. He indicated a need for advice from the building department. Conmissioner L'Heureux noted that,another reason perhaps for the use of a 2 hour 'fire wall could be noise attenuatio~ He stressed the importance of deciding exactly what it is we are trying to achieve. He pointed out that 2 hour fire walls were a rather expensive way to attenuate noise. Commissioner Larson, referring to P. 6 of the proposed ordinance, on enclosed storage space, suggested that some reference to volume be made as square footage could be loosely interpreted. Also, on P.8, Placement of . Buildings, he asked whether there were any specifications which constituted "attached". Mr. Bud Plender resMnded that, generally speaking, a continuous wall would constitute an attachment. Commissioner Fikes asked whether there was some precedent which necessitated RV storage, and upon learning that there was not asked for the reasoning behind such a require ment . CITY’ OF CC.?LSBAD Planning Commission Minutes bril 26, 1978 Fage Four (4) ___I I__-.--””“””-”” ” 1”- ”“” Chairman Rombotis replied that he thought staff was attempting to respond to what they felt was the direction of the Plannihg Commiss’ion. Commissioner L’Heureux asked if there was anything that dealt with outside meters for water, and if so, would that run against any public utility regulations on water service? He also brought up the possibility of conflict if, say, someone was hooked up with three other people and one of the four decided to stop paying. What kind of collection and service problems would ensue? He suggested bringing this to the City Attorney’s attentic Mr. Fred Morey, Vice President, Governmental Relations, La Costa Land Company addressed the Commission in reference to a letter he had written concerning the proposed ordinance. He expressed the opinion that the City was taking on too much responsibility which was going to require many staff hours to enforce. He stated that the majority of his cormnents were contained in his letter and asked if the.Commission cared to go through them. A section by section discussion followed regarding the proposed condominium oTdinance and Mr. Morey’s written comments. The following points were brought up : SECTION I. Mr. PLender indicated that staff was working on a senior citizen housing ordinance. Mr. Morey indicated that perhaps the use of the phrase senior citizen was not accurate because he could visualize 50% of a smaller unit condominium project being occupied by young unmarrieds as well. SECTION I11 Mr. Morey emphasized how the Q-Zone would make any condo- minium project subject to vagaries of City staff and policy decisions. Commissianer Fikes asked Mr. Morey if it would be fair to say that the Q overlay is both costly to the developer and the City and Mr. Morey agreed that it was, Mr. Hagaman, Planning Director, stated that there is a need for standards and policy from the City in order for the applicant to know Ghat is expected of him and in order to save staff time. Mr. Bud Plender stated that he felt the policy decision th Commission had to now make was whether they desired the discretionary abilities on a SDP. SECTION IV Commissioner L’Heureux stated that for clarification he felt the ordinance should indicate exactly what portion of the ordinance non-residential condominiums would have to comply with. f )r . le i i= f . CITY OF CL-?LSBAD Planning Commission Minutes April 26, 1978 Page Five (5) _".I_." - SECTION V Mr. Plender, in response to a point brought up in H Mr. Morey's letter, indicated that definitions for private streets and driveways were being developed-as part of the Curb Opening and Driveway Standards City Policy. Mr. Morey and the Commissioners then engaged in exchanging ideas on the complexities involved, i.e., garage doors, driveway aprons, and private streets with no development standards. Mr. PLender indicated an attempt to modify the present ordinance would be done. On parking, the point was made that this would be the only place in the Code where covered parking was required. The need for flexibility was emphasized. On recreational vehicle storage, Mr. Morey indicated he would write a separate memo devoted to this. Mr. Morey mentioned that the section on enclosed storage space was confusing and perhaps should be clarified. On recreation, Mr. Plender indicated that perhaps this was misunderstood and that it was meant to infer that it could be either common or private. It didn't have to be common. Commissioner L'Heurewt stated that open space and recreation are very easily intertwined and that it would be helpful to clear that up. Mr. More , on utilities, indicated that one of the biggest d the Planning Commission would have to make in this Ordinance was on the question of water service. Mr. Ha aman, Planning Director indicated to the Commission & of projects would be provided to them listing particular points they might want to look for. He mentioned that of particular concern was the question of private streets which looked like public streets yet were not designed to handle the traffic of public streets. A motion was made to COFINUE this item to the May 10, 1971 meeting, to allow the Planning Department to meet with Mr. Morey and to give the Planning Cormnission an opportuni, ty to further digest the Ordinance, along with Mr. Morey's written comments. NEW BUSINESS (4) Curb Openings and Driveway Standards After a brief discussion, it was agreed that this item' would be brought back to the Planning Commission, with a full report and in a form for adoption. (5) Adjustment Plat No. 138 - Request for Planning Commission amroval of a uanhandle lot. uursuant to Section 21*.10.080 of the Carlsbad Mk&iDal Code. Mr. Don Rose, Associate Planner, gave the staff presentatic Tim Flanagan, City Engineer, indicated that the reason 2TI ON YES BSTAIN Planning Commission Meetings Y+F for the lot line adjustment was to give the rear parcel street Erontage. L Commissioner L 'Heureux expressed concern over whether this was the best configuration available to achieve that objective. Commissioner Yerkes asked if there were any plans right now to extend any streets in Tamarack EAst to where it might open up that land locked parcel. Mr. Flana an stated that at this point he felt it was not &tie in to Tamarack East. Commissioner Fikes stated that obviously the applicant had veng'~leeringany engineer this out to the owners specifications and needs and he saw no reason to hold the applicant up on this. Mr. Allen K. MacDougall, 4005 Highland Drive, Carlsbad California 92008, the applicant, stated that he wished to build a house on the portion that was landlocked and explained to the Commission the type of terrain Parcels A and B consisted of. Chairman RombotG.stated that he had a conflict in that he believed he owned the adjacent lot. He asked that the record reflect that this item was placed before the Commission at 7:OO P.M. this evening for the first time, and that the contents of the Adjustment were not known to the Commission until the staff presentation was made. Commissioner Larson stated that he could see no reason to continue this item. He stated that the Adjustment Plan appeared to meet the criteria set up by the City for establishing a panhandle lot. A motion was made recommending that by minute motion Adjustment Plat No. 138 be APPRovEq subject to the ten criteria listed in the memorandum concerning same. (Commissioner Woodward asked that the record reflect that she abstained because she did not believe an application of this nature should be placed on the Planning Commission Agefitla at the last minute) Chairman Rombotis pointed out that this marked.-Commissioner Fikes' last meeting and thanked him for his contribution to the Planning Commission. . There being no further business to come before the Commission, Chairman Rombotis declared the meeting adjournec at 1O:lO P.M. 3T ION YES BSTAIN \ ==+ Y