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HomeMy WebLinkAbout1979-05-09; Planning Commission; MinutesPL~NNING COMMISSION LAUTES CITY OF CARLSBAD May 9, 1979 Page One (1) ? - NO1 JFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF CARLSBAD PLANNING COMMISSION I. CALI$ TO ORDER The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. 11. ROLq CALL Commissioners present: Chairman L'Heureux, Commissioners Rombotis, Marcus, Larson, Schick Commissioners absent: Commissioner Wrench, Commissioner Jose Staff present: Bud Plender, Assistant to the Planning Director; Dave Abrams, Current Planning; Dave Hauser, Engineering; Les Evans, City Engineer. III. AGE~DA ITEM COMMUNICATIONS A. A memorandum from Commissioner Jose commenting on the various items of the agenda was distributed. B. A letter from Mrs. Elisabeth Skeete voicing concern with the Planning Commission decision on PDP-1 (Encina) was discussed and it was generally agreed that the letter should be forwarded on to the City Council for their information and review when considering the item. - - C. Revised conditions as proposed by staff on CT 79-4 (Ayers) was circulated. - D. A letter from C.E. Bartley, 2489 Ocean Street, Carlshad, opposing V-290 (Zipser) was distributed. - E. A letter from Roy Palmateer, M.D., 2497 Ocean Street, Carlsbad, opposing V-290 (Zipser) was distributed.- F. A letter from Dr. and Mrs. Paul G. Alberton, neighbors of Mr. and Mrs. Bonagura (V-289) expressing general approval of the proposed project was distributed. G. A petition, signed by twelve individuals, opposing V-290 was distributed. H. Attorney Bob Knauf requested that agenda item "B" be moved up on the agenda, as he is recovering from recent medical treat- ment. The request was met with favor. - , - ," ~ " I. Mr. Roy Ward, representing Magee Park (CUP-118B) asked that item "F" be moved up on the agenda to enable him to meet a prior engagement. The Commission agreed to do so. PXANNING COMMISSION . LVUTES May 9, 1979 Page Two (2) c IV. NEW PUBLIC HEARINGS A. V-289, Bonagura, to permit a non-dwelling accessory building within a required side yard.- Mr. Dave Abrams presented the staff report, suggesting that condition #2 be revised. Attorney Bob Knauf, 810 Mission Ave., Oceanside, representing the applicant, commended Miss Nicholas on the fine staff report, and indicated general concurrence therewith. He introduced a letter from the rear neighbors of the property, Dr. and Mrs. Albertson, expressing approval of the project. He further noted that another neighbor, Dr. White, had expressed no objections to the project when recently contacted. Commissioner Larson asked if the applicant would object to a condition limiting the height of the garage. Mr. Knauf related that there would be no objection, unless such limitation interfered with proper drainage, as the site for the garage was lower than the surrounding property. r THE PUBLIC HEARING OPENED AND CLOSED AT 7:15 P.M. WITH NO PUBLIC TESTIMONY. Chairman L'Heureux read into the record the letter from Dr. and Mrs. Albertson and also the comments of Commissioner Jose regarding this item. A motion was made approving V-289 under the terms and conditions as contained in the staff report, with the addition of a condition stating that the garage height shall not exceed, by more than l', the height specified in the submitted plan, and that condition #2 be revised to read: ''A building permit must be obtained prior to construction of the new garage and conversion of the old garage to living area". APPROVED MOTION: Rombotis SECOND : Schick AYES: L'Heureux, Rombotis, Schick, Marcus, Larson B. cUP-l18(B), Magee Park, to amend the CUP-118 to allow the Carlsbad Historical Society to move the original City Hall Library to Magee Park. - PGANNING COMMISSION i JUTES May 9, 1979 Page Three (3) I Mr. Dave Abrams presented the staff report. Mr. Roy Ward, 1207 Elm Avenue, Carlsbad, representing the Historical Society, related that the City Council has directed the Historical Society to move ahead expediciously in the relocation of the building and urged Commission approval. THE PUBLIC HEARING OPENED AND CLOSED AT 7:25 P.M. WITH NO PUBLIC TESTIMONY . Chairman L'Heureux asked if an approved landscaping plan had been submitted, and who was responsible for same. Staff responded that the intent of requiring a landscaping plan was to alert the Parks and Recreation Department of the requirements of the Planning Department. Chairman L'Heureux indicated that he would like to see a con- dition requiring that the City be obliged to maintain the property in good repair. A motion was made approving CUP-l18(B) under the terms and conditions as contained in the staff report, dated May 9, 1979, and amending condition #3 as follows: "The area surrounding the building shall be landscaped to insure that the building is compatible with existing park plans. The landscaping shall be approved by the Director of Parks and Recreation prior to issuance of a Certificate of Occupancy. APPROVED MOTION : Rombotis SECOND : Schick AYES: L'Heureux, Rombotis, Schick, Marcus, Larson C. CT-79-4, Ayers, Revision to previously approved subdivision CT 76-7 (Rancho La Questa Phase 5, The Seaport). s rl Mr. Dave Abrams presented the staff report, indicating certain revised conditions as proposed by staff. Commissioner Larson inquired as to the desiltation basin to be constructed, and asked if it was to be built prior to or concurrent with construction, He also asked who would be res- ponsible for the maintenance of the basin once the slopes have become stabilized. Staff that the construction of the basins will be prior to grading and that once the slopes have become stable there should be no need for maintenance of the basin. The City could take over the maintenance as necessary. PLANNING COMMISSION F-WTES May 9, 1979 Page Four (4) - Commissioner Schick noted that the method of drainage had not been approved, and expressed reluctance to approve a system which has not yet been identified. He further commented that a final approved method may substantially affect the lots and street system of the project. Staff replied that any future method approved would not affect the street alignment of the lots, as any system would stay within the easement and proposed right-of-way. Chairman L'Heureux questioned as to the minimum requirement of nitrogen, phosphorus and potassium, E.C., Ph., and organic com- position as referenced in condition #19. Staff related that each soil has a different minimum and this condition is to ensure that appropriate plants will be planted in the varied soil types, that the soil will be compatible with the plants used. Don Agatep, 2921 Roosevelt, Carlsbad, representing Rancho La Questa and the builder, indicated concurrence with the staff report and its conditions. He would recommend that conditions #18 and #19 be combined, as they are essentially the same. He reiterated that any subsequent change or modification in the drainage system would not affect the alignment of the project. Commissioner Larson asked if the title to the &siltation basin would be deeded to the City for maintenance. Staff indicated that this subject had not been reviewed. THE PUBLIC HEARING OPENED AND CLOSED AT 7:55 P.M. WITH NO PUBLIC TESTIMONY . Commissioner Rombotis wondered if the map submitted met the requirements of the Subdivision Map Act in that there are no lot sizes or utilities noted. City Engineer, Les Evans, explained that the State Map Act requires such information and therefore the map submitted must be corrected and resubmitted. Staff indicated that the Commission could forward the matter on to the City Council with a condition that the hearing not be held until such time as the revised map is submitted. Chairman L'Heureux questioned as to why condition #17 noted that 10' of all slopes in excess of 10' shall be hydroseeded. Staff explained that the three major slopes of the project required stabilization and it is the belief of staff that the best method of achieving same is with hydroseeding of an appropriate ground cover. - Chairman L'Heureux asked as to the ratio of the slopes, and sug- gested that this ratio be included in the conditions. PLANNING COMMISSION M"ITES Page Five (5) ' May 9, 1979 Staff replied that the ratio is 2:l in accordance with existing policy. Chairman L'Heureux addressed condition #31 as to when said map would expire. Staff replied that the Zoning Ordinance specifies that the map shall expire 18 months from the date of filing of the original tentative map. Any time lost during the sewer moratorium will not count the 18 months. - Commissioner Schick related his agreement that further action should be tabled pending the filing of a correct map, and further voiced his desire for more information as to the exact method of drainage. Chairman L'Heureux asked that a condition be added regarding the hours of operation of construction. Staff replied that the hours of operation are controlled by the gradi'ng permit-as well as City Ordinance. Commissioner Jose's comments regarding dust control during the grading phase of the project were noted. Commissoner Larson indicated that the particular slopes to be hydroseeded should be specified in the conditions; that possibly conditions #18 and #19 should be combined, as they address the same issues; that the responsibility for future maintenance of the desiltation basin should be specified, with a look into the title thereto. Chairman L'Heureux noted that conditions #22 and #27 are repetitions of the same condition; also a condition regarding slope ratio and one regarding dust control should be added. A motion was made to reopen CT 79-4 and continue same to June 13, 1979. CONTINUED MOTION: Larson SECOND: Schick AYES: L'Heureux, Rombotis, Schick, Marcus, Larson D. V-290, Zipser, a variance from Section 21.47.130 to allow a reduction in the required visitor parking from two spaces to one; and to allow less than the required 480 cubic feet of storage space for two units. Mr. Dave Abrams presented the staff report, recommending denial of the project as the appropriate findings for a variance are not present. Several letters from neighboring property owners were noted, requesting denial of the project. IC- PLANNING COMMISSION M-JTES May 9, 1979 Page Six (6) _c Stan Zipser, 808 Theyer, Los Angeles, the applicant, noted his disagreement with the staff report. In particular he expressed concern in his project being compared with that of Von Elten, which he believes is vastly different. He noted that he is being discriminated against in that the developer of single family units across the street from his project is not required to have the same ratio of parking. He stated that he was led to believe that he could begin the project as apartments and later convert to condos with little effort. Staff indicated that Mr. Zipser seems to have been caught up ine drafting of the condominium ordinance, as well as the sewer moratorium. It appears that Mr. Zipser took the chance that his project could later be approved as a condominium project, and not, in actuality, cannot meet the standards set for a condominium project. It was noted at this time that Mr. Zipser was referring to an earlier staff report, at which time he was provided with the staff report dated May 9, 1979. Commissioner Larson noted that possibly part of the problem of parking lies with the driveway alignment. Mr. Zipser related that the original plans had shown the driveway of the p1ans;:therdfon.e tlbe driveway and parking were relocated. - down the sides of the buildings, but staff had urged redrafting THE PUBLIC HEARING OPENED AT 8:55 P.M. Speaking in favor: Jim Graham, 1324 Morning Glory, Carlsbad, representing the applicant, indicated that the units are of exceptional quality and would be an asset to the neighborhood. He related that no guest parking is required across the street and that the applicant is being obliged to provide more spaces than the single family residences. Speaking in opposition: Robert Kolb, 2480 Ocean, indicated that parking is a massive problem on Ocean and has been for sometime. He related that parking has diminished by approximately 60% since 1968. He urged the Commission to enforce the law and not relinquish any more parking. Lucille Stein, 2469 Ocean, next door to the project, indicated she has lived there for 20 years and that, in fact, off-street parking has been provided by single family residences in the area. She states that the design of the building does not render it compatible with the existing structures in the vicinity. Kay Christensen, 2802 Carlsbad Boulevard, related that, she is a trustee for property located in the area. She stated that any request to further minimize the parking on and along Ocean Street should be denied. c PLqNNING COMMISSION M-JTES Page Seven (7) ' May 9, 1979 c THE PUBLIC HEARING CLOSED AT 9:15 P.M. WITH NO FURTHER TESTIMONY. Chairman L'Heureux read into the record those communications received from Dr. Palmeteer, C.E. Bartley and the petition signed by twelve residents opposing the project. Mr. Zipser noted appreciation for the parking problem but added that there will never be enough parking to accommodate beach goers. He stressed that parking will not be affected by the development of the property into apartments as opposed to condos. In order to make financing feasible it is necessary that the project be approved for condos, otherwise the rental rate will necessitate co-habitation of more than one family in each unit, thereby creating even more parking congestion. Commissioner Rombotis indicated that he cannot make the required findings to warrant a variance. He expressed sympathy with the applicant and suggested that the answer lies with the City Council, and the possible modification of the Condominium Ordinance. It was generally agreed that the duty owed is to the potential owners of such units, in order to assure all amenities of homeowners. A motion was made denying V-290(1) as to the reduction of required visitor parking, for those reasons as contained in the staff report ?" dated May 9, 1979. DENIED MOTION: Larson SECOND : Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Larson The issue of adequate storage space was then discussed. Mr. Graham indicated that the three units proposed contain 2700, 2400 and 2000 square feet, respectively. There is more than adequate space in each unit, and, if necessary additional storage may be obtained over car hoods, etc. A motion was made to open the public hearing and continue the issue of storage V-290(2) to June 27, 1979, to enable the applicant to submit plans in conformance with code requirements. CONTINUED MOTION: Rombotis SECOND : Marcus AYES : L'Heureux, Rombotis, Schick, Marcus, Larson A ten minute recess was called at 9:30 P.M. The meeting was called to order at 9:40 P.M. by Chairman L'Heureux. - E. CUP-162, Kuetzing, to allow related retail and delicatessen type restaurant uses within a meat processing and storage building. PLANNING COMMISSION UNUTES May 9, 1979 Page Eight (8) c Mr. Dave Abrams presented the staff report. Commissioner Larson asked when the signal at Palomar Airport Road will be installed. Staff responded that it should be out for bid this summer, and wmbe subsidized by gas tax funds. Mr. Kuetzing, the applicant, indicated that Mr. Hedrick, the owner, has related that there will be no prolonged parking of large trucks at the loading docks, or elsewhere on the premises. He stated that there will be over 40 trees planted and the landscaping should be adequate. He did relate that the review period may be out of line in that the bukiness will just becoming operational at the time of the first scheduled review. He suggested possibly the review time could be extended from six months to one full year, to allow the project time to become established. Commissioner Schick asked if the applicant anticipated selling meat related products, or imported items. Mr. Keutzin related that he did not know the owner's intent in potential customers to sample the wares. 4 t 1s regard, but it was his understanding the the deli is to allow THE PUBLIC HEARING OPENED AND CLOSED AT 9:55 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Schick suggested that condition #2 be reviewed re- garding confining retail sales to only those products actually produced on site. A motion was made approving CUP-162 based on the findings and conditions as contained in the staff report, dated May 9, 1979, with condition #5 being modified to read as follows: "This Conditional Use Permit shall be subject to review by'.the Planning Director six months from the date of occupancy, and thereafter every 5 years from the date of Planning Commission approval, in order to determine the compatibility of the uses with the conditions of approval and surrounding area. The Conditional Use Permit shall be renewed by the Planning Director unless it is found that circumstances warrant a new hearing by the Planning Commission." APPROVED MOTION : Marcus SECOND : Rombotis AYES: L'Heureux, Rombotis, Schick, Marcus, Larson F. CT 79-5/CP-4, Duffy, for 24 units on 1.13 acres. - Mr. Dave Abrams presented the staff report, indicating that a revised subdivision map had been submitted this date, showing wider driveways. PLANNING COMMISSION M-JTES May 9, 1979 Page Nine (9) V. Mr. Nick Banche, 3464 Ridgecrest, Carlsbad, representing the applicant, recounted the stormy history of this project. He asked that pursuant to Government Code Section 66456.1 that the Commission take notice of the fact that the project may be phased in two parts, by the filing of two final maps, the first phase being for 12 units. He asked that in the event the applicant should receive sewer permits, and the Commission approve the project, that staff move quickly to prepare the necessary docu- ments to be forwarded to City Council. Commissioner Rombotis asked if the phase one will provide suf- ticient driveway circulation. Mr. Banche indicated that all common facilities will be installed and the rogd paved with the development of the first phase. A motion was made approving CT 79-5/CP-4 for the reasons and conditions as set forth in the staff report, with the additional condition that the project may be phased in accordance with the tentative subdivision map-submitted, Exhibit B, dated May 7, 1979, and with the further condition that in&e event of said phasing, that satisfactory circulation shall be provided to the initial phase through an easement on the adjacent lot, to the satisfaction of the City Engineer. APPROVED MOTION: Rombotis SECOND: Larson AYES : LIHeureux, Rombotis, Schick, Marcus, Larson A minute motion was made encouraging staff to expedite the project, making every effort to forward the matter on to the City Council in a timely fashion. APPROVED MOTION: Rombotis SECOND: Schick AYES: L'Heureux, Rombotis, Schick, Marcus, Larson It was noted at this time that the agenda for the next City Council meeting has been prepared and this item could not be included on an agenda prior to June 5th. It was suggested that a letter be prepared to the Leucadia County Water District on behalf of the applicant, informing them of the Planning Commission's actions. this date. APPROVAL OF MINUTES A motion was made approving the minutes of April 25, 1979 as read. APPROVED MOTION: Larson SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Marcus, Larson c . 'PLANNING COMMISSION Mi,.JTES May 9, 1979 Page Ten (10) rc VI. APPROVAL OF RESOLUTIONS A. Resolution No. 1512, V-288/MS-391 Castaneda A motion was made approving Resolution No. 1512 as corrected. APPROVED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Larson The following resolutions were approved by one motion: B. Resolution No. 1513, V-291, Von Elten (as corrected) C, Resolution No. 1514, PDP-1, Encina (as read with Commissioner Rombotis abstaining) D, Resolution No. 1515, SDP 78-4, Kubota (as read) E. Resolution No. 1516, PCF-17, Nelson (as read) F. Resolution No. 1517, PUD-11 (A) , Lench (as read) ..- VI1 . ADJOURNMENT' There being no further business, the meeting adjourned at 10:30 P.M. Respectfully Submitted, Marg&ret Sackrider RECORDING SECRETARY ATTEST: JAMES C. HAGAMAN SECRETARY