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HomeMy WebLinkAbout1978-10-19; Planning Commission; MinutesCITY OF CARLSBAD PLANNING COMMISSION MINUTES OCTOBER 19, 1978 NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION CALL TO ORDER The meeting was called to order at 4:OO PM, by Chairman Rombotis ROLL CALL Commissioners Present: Chairman Rombotis, Commissioners: Larson, Marcus, Schick, Jose. Commissioners Absent: L'Heureux, Wrench Staff Present: James Hagaman, Planning Director; Bud Plender, Assistant Planning Director, Michael Zander, Associate Planner, Jere Riddle, Principle Civil Engineer. CONTINUED PUBLIC HEARING: CASE NO: MP-l50(A) - LAKE CALAVERA HILLS, APPLICANT: ROY WARD Mr. Michael Zander, Associate Planner, presented a brief summary of the the revised conditions of approval as presented in staff's memorandum dated October 13, 1978. I discussions relating to this project thus far. He then solicited comments on Roy Ward, 3088 Pi0 Pico, Applicant, indicated to the Commission that he had spent' a considerable amount of time working with staff on this matter and was in basic concurrence with conditions 1-35 but would like to suggest additional verbage to some of the conditions. Mr. Ward indicated that condition no. 8 related to one of the disclaimer statements by the City which he agreed with but would like to add a reference to Section 21.38.010(4) of the Planned Community Ordinance. The reason he stated was that this section states that the Master Plan was intended "to provide some assurance to the developer that later development will be acceptable to the City." Chairman Jerry Rombotis asked the Commission if they had any questions or objections to this added verbage to condition no. 8. Michael Zander, Associate Planner, Read Section 21.38.010(4), Intent and Purpose, to the Conmission. He then read Section 21.38.130(b) and gave his concerns regarding assurances and vested rights and the differences between these two sections as they pertained to Condition No. 8. The Commission concurred with the added verbage to Condition No. 8. PLANNING COMMISSION MINUTES OCTOBER 19, 1978 PAGE TWO (2) r' Mr. Roy Ward then expressed concern over condition no. 17 as worded. He felt that if the timing started when a subdivision map was finaled, the timing could stretch out for a long long time. He indicated that he would prefer the 10 year period to begin with the approval of the Master Plan. The Commission felt this condition was proper as written. Mr. Roy Ward then expressed concern over paragraph 6 of Exhibit D. He felt 10 years was arbitrary and he wished to retain the right to submit plans and work with the City in the planning of this area. The Commission felt that this condition should be reworded to read as follows: "The intent of Village E-2 is to provide adequate area for "Community Commercial" development. If it is determined by the City that such additional area is necessary, Conditional Use Permits for residential development in Village E-2 will not be accepted by the City during a ten (10) year period following the recordation of the subdivision map that includes Village E-2." Michael Zander, Associate Planner, then moved on to agenda item 1II.C. to complete the review of the proposed conditions of approval. 7 Staff explained condition no. 25 and its relationship to condition no. 36, and suggested that any zone or any note that referenced slope to lot area ratio be deleted and modifications be made to pages 14 and 15 of the Master Plan as provided in Condition no. 25. He indicated that note 3 should be deleted from Exhibit D and Exhibit B and D be modified to show Village U as R-1-1 and Village X as R-1-%. Also, the reference to "waste water reclamation" and "percolation area" should have been deleted from Exhibit B. The Conmission concurred with these changes. Conditions 39. The CC&R's for this Master Plan shall be set up so no amendments to them shall occur without City approval and the City shall have the authority to enforce the CC&R's. Michael Zander, Associate Planner, stated that the Planning Director had dis- cussed this condition with the Cit.y Attornev and that he felt it was DroDer but felt that if there was a need ?or clarification regarding the enforcement of CC&R'S that it could be expanded to state that this does not force the city to enforce all or any of the CC&R'S. It simply means that if the City Council makes a determination that it is necessary to protect the public interest, the City could selectively enforce the CC&R's. Ed Hayworth, Representing Lake Calavera Hills, stated that this condition the City Attorney to clarify this condition. The Commission concurred that clarification should be added. -. 39 Was somewhat controversial and would create a significant problem. He wished h PLANNING COMMISSION MINUTES OCTOBER 19, 1978 PAGE THREE (3) Michael Zander, Associate Planner, then reviewed conditions no. 37 and 38 and asked the Commission to clarify their action regarding maintenance in relation- ship to the memorandum dated October 12, 1978, Methods for Improvement and Mai tenance. Jerry Rombotis, Chairman, stated to the Commission that their action regarding maintenance related to the minute motion of October 4, 1978. Michael Zander, Associate Planner, asked the Commission to identify their desired method of improvement & maintenance for public parks, private parks, public open space, private open space and common areas. Further discussion resulted in the following recommendations: Public Parks Improvements within the public parks (Villages F, N and Y) would be provided as a developer requirement per item C.on page 3 of staff's memorandum dated October 12, 1978. Maintenance would be provided by the City. Roy Ward, Applicant, supported this proposal but asked that the denotation of a "park plan'' be changed to "park improvement plan". The Commission concurred with this change. Private Parks Private parks would be improved as a requirement of the developer of each village including such a facility. Maintenance would be provided by a homeowner's association. Public Open Space Improvements to the public open space identified on Exhibit C, dated 9/27/78, would be provided as a developer requirement per the schedule outlined on Exhibit E, dated 9/27/78. Maintenance would be provided by a maintenance district formed under the 1911 Act (proposed by the applicant). Private Open Space Improvements to the private open space identified on Exhibit C, dated 9/27/78, would be provided as a developer requirement per the schedule outlined on Exhibit E, dated 9/27/78. Other private open space would be improved as a requirement of the developer of each village containing such open space. Maintenance of the private open space shown on Exhibit C would be provided by a maintenance district formed under the 1911 Act. The maintenance of all other private open space would be provided by a homeowner's association. PLANNING COMMISSION MINUTES OCTOBER 19, 1978 PAGE FOUR (4) Common ,Areas Common areas would be improved as a requirement of the developer of each village including such comnon areas. Maintenance would be provided by a homeowner's association. Michael Zander, Associate Planner, at this point, indicated that, unless any of the Comnissioners had additional concerns, all matters previously identified by the Commission, applicant or staff had been addressed and resolved. Whereas no further concerns were identified by the Comnissioners and no additional public testimony was offered, the chairman closed the public hearing at 6:25 P.M. Michael Zander, Associate Planner, asked that the Planning Commission, in their recommendation to the Citv Council, include a statement that they have considered many different alternatives to the various matters involved with this project and, if the Council chooses a different alternative than that recommended by the Commission, the Council need not return the project to the Planning Commission for further report. After discussion, the Planning Commission, recognizing the time constraints approved a minute motion to forward this understanding to the City Council. A motion was made to recommend approval of MP-l50(A) to the City Council based on the findings outlined on page 40 of the staff report dated September 27, 1978, and subject to the conditions as represented in the staff report dated October 13, 1978, with modification to conditions 8, 17, 37, 38 and 39. F involved with this project, concurred with staff's request and unanimously APPROVED MOT ION : Comnissioner Larson SECOND: Comissioner Schick AYES : Commissioner Rombotis, Larson, Schick, Marcus, Jose. ABSENT : Commissioner Wrench, L'Heureux Michael Zander, Associate Planner, stated that staff would attempt to bring the resolution back to the Planning Commission at their next regular meeting on October 25, 1978, to have the Commission review the wording on those conditions modified at this meeting. THE MEETING ADJOURRED AT 6:35 P.M.