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HomeMy WebLinkAbout1978-10-11; Planning Commission; MinutesCITY OF CARLSBAD PLANNING COMMISSION Y”UTES October 11, 1978 Page I. 11. 111. IV NOT OFFICIAL UNTIL APP“’7ED AT SUBSEQUENT MEETING OF CARLSBAD One (1) PLANNING COMMISSION CALL TO ORDER The meeting was called to order at 7:OO p.m. by Chairman ROLL CALL Rombotis. Commissioners present: Chairman Rombotis, Commissioners Marcus, Schick, Jose, L’Heureux, Wrench Larson, Rose , Current Planning, Bud Plender , Assistant Planning Director, Jere Riddle, Engineering CONTINUED PUBLIC HEARINGS A. MP-l50(A), Lake Calavera Hills A motion was made continuing this public hearing item until Thursday, October 12, 1978 at 4:OO p.m. in the City Council Chambers APPROVED MOTION: Jose SECOND: Larson AYES: Rombotis, Larson, Schick, Marcus, L’Heureux, NOES : None Wrench, Jose NEW PUBLIC HEARINGS A. V-284. Joe Starich Mr. Don Rose presented the staff report on this application for variance to reduce the rear yard setback requirement from 17 feet to 9 feet to permit installation of a patio cover on an existing single family residence, on property generally located on the south side of Daisy Avenue between Wisteria Way and Primrose Way. Staff recommended denial because the required findings for a variance were not apparant. Staff commented that a variance does not seem to be the proper tool for the approval of such an application. There was a general discussion among staff and the Commissioners wherein it was generally agreed that a code amendment would seem to be in order. THE PUBLIC HEARING OPENED AT 7:lO P.M. Speaking in favor: Joseph E. Starich, 931 Daisy Avenue, the applicant, related that his lot is the same size and configuration as the model home for this development which does have a patio and cover. He further indicated that his patio cover would in no way encumber the view of surrounding homes. PLANNING COMMISSION MINUTES October 11, 1978 Page Two (2) P THE PUBLIC HEARING CLOSED AT 7:15 P.M. r A motion was made approving V-284 based upon the finding that such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because most of the lots in the same vicinity and zone have a configuration and an arrangement of improvements that would allow for additions to the rear of the houses occupying those lots, and under the conditions as referenced in the staff report dated October 11, 1978. APPROVED MOTION: Schick SECOND: Jose AYES : Rombotis, Larson, Schick, Marcus, L'Heureux, NOES : None Wrench, Jose A minute motion was made requesting City Council to direct staff to prepare an amendment to the City Code to provide an administrative, small fee, process to allow for minor entrusions into the required rear yard. APPROVED MOTION : Jose SECOND: Larson AYES: Rombotis, Larson, Schick, Marcus, L'Heureux, NOES : None Wrench, Jose B. V-285, Robert Craig & William Dean - Mr. Don Rose presented the staff report on this application for variance to allow encroachment of parking and carports into the front yard and side yard setbacks, on property generally located on the west side of Ocean Street at the intersection of Oak Avenue. THE PUBLIC HEARING OPENED AT 7:30 P.M. Mr. Don AgateE, of Carlsbad, representing the applicants related that the original variance approved was to allow four dwelling units and eight parking spaces. Subsequent to that Commission action the application has been granted approval by the Coastal Commission with the conditions that only three units be allowed and that they be placed 17 feet landward from the toe of the slope. As a consequence the redesign of said development now involves parking and actual land available for development. He would suggest approval as per staff's recommendation. f- THE PUBLIC HEARING CLOSED AT 7:35 P.M. Mr. Don Rose indicated that under the original conditions of approval that covered parking is required for all spaces, and PLANNING COMMISSION FUTES October 11, 1978 Page Three (3) r A motion was made approving V-285 in accordance with the findings of the staff report dated October 11, 1978 and pursuant to the following conditions: 1. Approval is granted for the land described in the application and any attachments thereto, as shown on the plot plan submitted, labeled Exhibit A, dated October 11, 1978. The location of all features shall be located substantially as shown on the plot plan. 2. Encroachment into the yards may occur only as shown on the approved plot plan with no exceptions. 3. Approval herein will expire 3 years from the final approval date, if the structures permitted to encroach are not constructed. 4. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan to the Planning Department for approval. The landscaping and irrigation shall be installed per approved plan prior to occupancy. 5. Prior to issuance of any building permits the property owner shall execute a lien contract agreement for future half street improvements on Ocean Street for the entire property frontage. APPROVED MOTION: Wrench SECOND: Larson AYES : Rombotis, Larson, Schick, Marcus, L'Heureux, NOES: None Wrench, Jose C. V-286, Bruce Pahl - Mr. Don Rose presented the staff report on this request for variance to allow creation of two lots, one of which having an area less than the required 15,000 square feet in the R-1-15,000 Zone, on property generally located on the east side of Adams Street between Hoover Street and Highland Drive. Commissioner Larson questioned as to why grading of the right- of-way is required prior to occupancy. Jere Riddle, Engineering, explained that this requirement is to prevent landscaping from being installed in the right-of-way and thus eliminate the need to remove it at a later date. THE PUBLIC HEARING OPENED AT 7:40 P.M. Mr. Bruce Pahl, 3556 Ames Place, indicated his full compliance with the staff report and agreement with all conditions thereof. /" PLANNING COMMISSION MINUTES October 11, 1978 Page Four (4) THE PUBLIC HEARING CLOSED AT 7:45 P.M. A motion Was made approving V-286 based on the findings and conditions as outlined in the staff report dated October 11, 1978. APPROVED MOTION: Jose SECOND: L'Heureux AYES : Rombotis, Larson, Schick, Marcus, L'Heureux, NOES : None Wrench, Jose D. SP-l75(A), Altamira No. 4, Howard Shomate- Mr. Don Rose presented the staff report recommending an amendment to Specific Plan for Altamira No. 4, to permit patio covers in rear yards, on property generally west of Paseo del Norte, north of Camino De Las Ondas, east of Caminito Del Prado and south of Caminito Estrada. Commissioner Larson questioned as to who would have the final decision as to whether or not a patio cover interfered with an ocean view. Staff indicated that it would be a joint determination between the City and the homeowner's association. THE PUBLIC HEARING OPENED AT 7:50 P.M. Mr. Howard Shomate, Carlsbad, indicated he had nothing further to add the staff's report. Commissioner Schick posed the question as to who had final authority if a discprepancy arose between an owner and the homeowner's association in regards to a patio cover. Mr. Richard Mantel, Carlsbad, member of the Board of Directors and homeowner's association, indicated that when an owner wishes to make any improvement he must submit a plan and a form to the Architectural Committee of the homeowner's association, and prior to any approval a building permit must be obtained. In the event an improvement is erected which does not conform to the Architectural Committee's specifications the homeowner is given a 30 day notice to remove said improvement. THE PUBLIC HEARING CLOSED AT 7:55 P.M. A motion was made recommending approval of SP-175(A) in accordance with the conditions and recommendations as contained in the staff report dated October 11, 1978. PLANNING COMMISSION FUTES October 11, 1978 Page Five (5) r E. APPROVED MOTION : Jose SECOND: Larson with the indication that he hopes those existing patio covers conform with the conditions contained herein AYES : Rombotis, Larson, Schick, L'Heureux, Wrench, Jose ABSTAIN: Marcus NOES: None CUP-157, Shell Oil, Frank Fossati- Mr. Don Rose presented the staff report for this proposed conditional use permit to operate and expand an existing automobile service station building in a C-1 zone. The property is generally located on the south side of Elm Avenue, between Pi0 Pic0 Drive and Interstate 5 freeway. THE PUBLIC HEARING OPENED AT 8:OO P.M. Mr. Frank Fossati, representing Shell Oil, commended staff on their report and questioned as to which conditions must additionally be complied with. THE PUBLIC HEARING CLOSED AT 8:05 P.M. r A motion was made approving CUP-157 in accordance with the findings and conditions as outlined in the staff report dated October 11, 1978. APPROVED MOTION: Larson SECOND: L'Heureux AYES: Rombotis, Larson, Schick, Marcus, L'Heureux, NOES: None Wrench, Jose F. ZCA-101, PUD Expiration Chairman Rombotis indicated that he would be abstaining from discussion and voting on this item. Mr. Bud Plender presented the staff report for this proposed amendment to Chapter 21.45 of the Carlsbad Municipal Code involving Planned Unit Development. The amendment will add a paragraph to that chapter that will bring the time limits for the expiration of PUD permits into accordance with recent amendments to the Subdivision Map Act. THE PUBLIC HEARING OPENED AND CLOSED AT 8:lO AS THERE WAS NO PUBLIC TESTIMONY. r c PLANNING COMMISSION dNUTES October 11, 1978 Page Six (6) A motion passed recommending approval of ZCA-101 as per Exhibit A attached hereto. APPROVED MOTION: Jose SECOND: L'Heureux AYES : Larson, Schick, Marcus, L'Heureux, Wrench, Jose ABSTAIN: Rombotis NOES : None V. APPROVAL OF MINUTES A motion was made approving the minutes of September 27, 1978 as submitted. APPROVED MOTION: Jose SECOND: Schick AYES : Rombotis, Larson, Schick, Marcus, L'Heureux, Jose ABSTAIN: Wrench NOES : None VI. APPROVAL OF RESOLUTIONS - A motion was made approving Resolution No. 1473, ZC-200, Encina Sewage Treatment Plant, as corrected. APPROVED MOTION: Jose SECOND: L'Heureux AYES : Rombotis, Larson, Schick, Marcus, L'Heureux, Jose ABSTAIN: Wrench NOES : None Mrs. Griswold, 809 Cavinita Road, related that she did not feel that this resolution should be approved at this time due to the fact that none of the property owners of Altamira had been notified of the public hearing on this matter. Staff informed that Altamira property owners were outside the moot radius requiring notification, but that in the future they would be noticed. Mr. Jim Hagaman, Planning Director, assurred Mrs. Griswold that ZC-200 in no way approved any expansion of the Encina Plant, and that in order to effect such an expansion a public hearing would be held in order to assure public input. - VII. There being no further business the meeting adjourned at 8:15 P.M. ms