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Home My WebLink About1979-03-28; Planning Commission; MinutesI PLANNING COMMISSION MINUTES CITY OF CARLSBAD March 28, 1q79 Page I. 11. 111. IV. One (1) NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF CARLSBAD PLANNING COMMISSION ROLL CALL Commissioners present: Chairman L'Heureux, Commissioners Rombotis, Marcus, Jose, Larson, Wrench, Schick Staff present: Dave Abrams, Current Planning; Bud Plender, p~sistant to Planning Director; James C. Hagaman, Planning Director. AGENDA ITEM COMMUNICATIONS A memorandum from the City Attorney regarding "hoM harmless" conditions was distributed. {, .:ar" NEW PUBLIC HEARINGS A. CT 79-1, Katoh, Carlsbad Tentative Map for subdivision of a 32 acre parcel in Palomar Airport Business Park. - Mr. Dave Abrams announced that staff requests that this item be continued to allow further staff analysis and processing. THE PUBLIC HEARING WAS OPENED AT 7:05 P.M. , A motion was made continuing CT 79-1 until April 11, 1979 to allow further staff consideration. CONTINUED MOTION: ROmbOtiS SECOND: Jose AYES : L'Heureux, Rombotis, Schick, Wrench, Jose, Larson Marcus B. ZCA-106, City of Carlsbad, Zone Code Amendment to allow aquaculture as a permitted use in all zones with a Conditional _' I Mr. Dave Abrams presented the staff report. Commissioner Rombotis announced that he would not be participating in discussion or voting on this item. Mr. Dave Lapoda, consultant from San Diego indicated that aquaculture cannot be successfully operated in many areas. He noted that there must be an adequate, controlled source of PLANNIN'J COMMISSION INUTES March 28, 1979 Page Two (2) c 3- water having the appropriate temperature, salinity, and ertility. He indicated that in order to assure proper control the land involved should be under direct ownership, lease or other form of long term occupation agreement. Mr. Lapoda related that there were three basic systems of aquaculture production including transplantation without the benefit of hatcheries (least intensive use); hatchery cultivation where organisms are hatched prior to release into habitats; artificial enclosures (most intensive use) and another type called the raft-culture system involving the use of rafts, grids and cages. THE DUBLIC HEARING OPENED AT 7:15 P.M. AND CLOSED WITH NO PUBLIC TESTIMONY. n mokion was made recommending approval of ZCA-LO6 under the terms and conditions as contained in the staff report dated March 28, 1979. .PP T ROVED YOTION: Jose SECOND: Wrench AYES: L'Heureux, Schick, Wrench, Marcus, Jose, Larson NOES : None ABSTAIN: Rombotis C. /, Zone Code Amendment to allow the expansion of non-conforming uses.- Yr. Bud Plender presented the staff report. Commissioner Jose asked if the building of Coast Waste Yanaqement, which was referenced in the staff report, was under construction. Staff replied that it had been started and that the City had prohibited further development prior to the proper procedural steps being taken. The Commission raised questions concerning the length of the abatement time as referenced in the backqround report, as well as expressing concern regarding multiple CUPS being issued on one piece of property for subsequent expansions. Staff indicated that the ZCA had been initiated upon request of the City Council that staff investigate expansions and inten- sification of non-conforming uses which are to be abated at a later time. THE PUBLIC HEARING WAS OPENED AT 7:35 P.M. I-. Mr. Nick Banche, Attorney representing Seacrest Kennels, addressed - the Commission. He indicated his understanding that this was a public hearing regarding a Code amendment regulating expansion of non-conforming uses, however, noted that his clients' property I)LF.NNING COMMISSION ' WTES March 28, 1979 Page Three (3) - abutts the rear of a property that could be expanded, and, if expansion is allowed, said construction would cause the doq runs to be in shade, as well as a substantial portion of the private yard. In addition, Mr. Banche indicated that his clients would be opposed to any construction of this project and intend to voice such opposition at every stage of develop- men t . TH3 PUBLIC HEARING CLOSED AT 7:40 P.M. WITH NO ADDITIONAL PUBLIC TESTIMONY. Commissioner Rombotis voiced his opinion that such an amend- ment would perpetuate poor planning in that it would encourage expansion of already non-conforming uses through- out the City. The Planning Commission generally agreed with Commissioner Rombotis' statement. A motion was made denying ZCA-105 as per the findings discussed by Commissioner Rombotis. DENIED MOTION: Schick SECOND: Rombotis AYES: L'Heureux, Rombotis, Schick, Wrench, Jose, Marcus NOES : Larson " D. - ZCA-107, City of Carlsbad, Zone Code Amendment to allow community identity signs in planned industrial areas. - Xr. Bud Plender presented the staff report. THE PUBLIC HEARING OPENED AND CLOSED AT 7:55 P.Y. WITH NO PUBLIC TESTIMONY. Chairman L'Heureux asked if this would excuse the presently non- conforming signs around the City. Sta.fF replied that any non-conforminq signs would remain illegal until such time as they applied for, and received CUP approval.. 3- motion was made recommending approval of ZCA-107 under the terms and conditions as contained in the staff report dated March 28, 1979. APPROVED YOTION: Jose SECOND: Larson AYES : L'Heureux, Rombotis, Schick, Wrench, Jose, - Marcus, Larson E. XCA-108, City of Carlsbad, Zone Code Amendment to Section 21.47.020 of the Carlsbad Municipal Code to insert stock ~ cooperatives in condominium standards. - PLANNI?.JG COMMISSION ' KITES - March 28, 1379 Page Four (4) c Mr. 3ud Plender presented the staff report. TFIE PUBLIC HEARING OPENED AND CLOSED AT 8:OO P.M. WITH NO PUBLIC TESTIMONY. A motion was made approving ZCA-108 under the terms and conditions as contained in the staff report dated %arch 28, 1979. APPROVED MOTION: Jose SECOND: Marcus AYES : Marcus, Larson, Jose, Schick, Wrench, L'Heureux, Rombotis F. 17-288 (MS-391), Castaneda, Variance to create a lot having width of 53 feet instead of the minimum 60 foot requirement, located on the south side of Magnolia Street between Grecourt Way and Adams Street. - Yr. Dave Abrams presented the staff report and reminded the commission that only the Variance application was a public hearing item, although there was only one staff report reflecting both projects. - .- The Commission raised several questions concerning the placement - of the driveway, easements, access, configuration of the pan- handles, etc. THE PUBLIC HEARING OPENED AT 8:lO P.M. A1 - Ruden, Civil Engineer representing the applicant, indicated that the property in question was an old parcel having met sewer and school fee requirements. It is the contention of the applicant that the development of this property will upgrade the property and enhance the City. He indicated that the house on parcel #1 would be upgraded, parcel #2 would be developed with a new home, and the house on the front of lot #1 would be removed. He related that he and staff had done considerable work on the proper placement of the buildings, etc., and felt that this proposal was the best solution to the many problems inherent in this old property. Justo Castaneda, the applicant, related that he intends to con- struct a 2500 square foot home and landscape extensively. He urged the Commission to approve the Variance and Minor Subdivision applications. Bob Sonneborne, 3985 Stella Maris Lane, Carlsbad, speaking on behalf of the applicant, urged the Commission to approve this application which would improve the neighborhood as well as the community . - - PLANNING COMMISSION .UTES March 28, 1979 Page Five (5) SPEAKING IN OPPOSITION: Terry Bangorner, 1175 Magnolia, Carlsbad, indicated that she lived on adjoining property and strongly opposed the placement of the driveway along the side of her home where the bedrooms are located. She indicated her belief that it was ridiculous that the applicant could not use the existing easement. THE PUBLIC HEARING CLOSED AT 8:25 P.M. WITH NO FURTHER PUBLIC TESTIMONY. The Commission expressed concern regarding the width of the lots, the length of the easement, the traffic Pattern around the property, and access by the Fire Department. The possibility of using the 18’ easement as a panhandle and taking access therefrom was discussed. Staff was instructed to look into this further and also to check with the Fire Marshal regarding access. A motion was made continuing V-288/MS-391 to the meeting of April 25, 1979, in order to allow staff to report back to the Commission on the referenced concerns. CONTINUED MOTION: Rombotis SECOND: Wrench AYES : L’Heureux, Rombotis, Marcus, Schick, Wrench, Jose, Larson. V. NEW BUSINESS A. MS-391/V-288, Castaneda, panhandle lot in a minor subdivision, located on the north side of Magnolia between Grecourt Way and Adams Street. - The staff report on this item was presented concurrently with V-288 and continued by the Commission as referenced above. VI. APPROVAL OF MINUTES A. March 9, 1979 A motion was made approving the minutes of March 9, 1,979”: as submitted. APPROVED MOTION: Jose SECOND: Rombotis AYES : Rombotis, Marcus, Jose, Larson ABSTAIN: Wrench, L’Heureux, Schick PLANNING COMMISSION WUTES March 28, 1979 Page Six (6) B. March 14, 1979 A motion was made approving the minutes of March 14, 1979 as corrected. APPROVED MOTION : Larson SECOND: Jose AYES : L'Heureux, Rombotis, Schick, Narcus, Jose, Larson ABSTAIN: Wrench VII. APPROVAL OF RESOLUTIONS A. NO. 1496, CUP-I~~(A), ;lontessori School, Jeff Crisman. A motion was made approving Resolution No. 1496 to raise the maximum student level from 34 to 123 students, with a building expansion of 3088 square feet, and to locate a permanent building temporarily on the property generally located on the north side of Pine between Madison and Jefferson. APPROVED MOTION: Jose SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson ABSTAIN: Wrench B. NO. 1497, EIR-528, Lake Calavera Hills. A motion was made approving Resolution No. 1497 recommending that the City Council certify that Environmental Impact Report number 528, together with all appropriate attachments-,-.meets the intents and purposes of the California Environmental Quality Act and the State EIR guidelines, as corrected. APPROVED MOTION : Rombotis SECOND: Schick AYES : LarJson , Ezombotis, Schick, Marcus, Jose, C. No. 1498, V-287, George Smith. A motion was made approving Resolution No. 1498 DENYING a variance allowing the reduction in required side yard on property located at 5401 Los Robles Drive. APPROVED PlOTION: Rombotis SECOND : Marcus AYES: L'Heureux, Rombotis, Schick, Yarcus, Jose Larson ABSTAIN: Wrench PLANNING COMMISSION 1 JUTES March 28, 1979 Page Seven (7) D. No. 1499, CT 77-18(A) , Gerry Linquiti. A motion was made approving Resolution No. 1499 approving the conversion of an apartment complex to a 19 unit airspace condominium on 1.15 acres generally located on the west side of Jerez Court, North of Gibralter, as submitted. APPROVED MOTION: Larson SECOND: F.ombotis AYES : L'Heureux, Rombotis, Schick, Marcus, Jose Larson ABSTAIN: Wrench E. No. 1500, CP-1, Gerry Linquiti. A motion was made approving Resolution No. 1500 approving the conversion of an apartment completx to a 19 unit airspace condominium on 1.15 acres generally located on the west side of Jerez Court, North of Gibralter, as submitted. APPROVED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose Larson ABSTAIN : Wrench F. NO. 1501, SDP 78-3, William Burnett. A motion was made approving Resolution No. 1501 approving a site development plan for a neighborhood shopping center on property generally located on the southeast corner of La Costa Avenue and El Camino Real. APPROVED MOTION : Jose SECOND: Marcus AYES: L'Heureux, Rombotis, Schick, Marcus, Jose Larson ABSTAIN : Wrench G. No. 1502, MS-392, Frank Renn. Chairman L'IIeureux indicated that the determination of the City Attorney regarding'the "hold harmless" condition contained herein had been previously distributed to the Commission and for that reason that particular condition in this resolution had not been altered. .. PLANNING COMMISSION . JUTES March 28, 1979 Page Eight (8) - A motion was made approving Resolution No. 1502 approving Minor Subdivision 392 for a panhandle lot, as submitted. APPROVED MOTION: Jose SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson ABSTAIN : Wrench VIII. OTHER BUSINESS - Chairman L'Heureux questioned the Commission as to their feeling regarding the incorporation of a consent calendar into the agenda of the Planning Commission meetings. It was generally agreed that a consent calendar is not necessary at the present time and that the Commission preferred to take action on agenda items on an individual basis. IX. There being no further business the meeting adjourned at 9:30 P.M. r Respectfully Sub itted, f "ARGAF&T SACKRIDER Recording Secretary ATTEST : JA!lES C. HAGAMAN Secretary