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HomeMy WebLinkAbout1979-06-13; Planning Commission; MinutesPLANNING COMMISSIC-XINUTES CITY OF CARLSBAD June 13, 1979 Page One (1) r I. CALL TO ORDER c 11. NOT 0: TCIAL UNTIL APPRQVSD AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION - The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. ROLL CALL Commissioners present: Chairman L'Heureux, Commissioners Marcus, Larson, Wrench, Schick, Jose, Rombotis Staff present: Dave Abrams, Associate Planner; Bud Plender, Assistant to the Planning Director: Dave Hauser, Engineering; Les Evans, City Engineer; Dan Hentschke, City Attorney's Office. 111. AGENDA ITEM COMMUNTCATIONS A. A memorandum from Dave Abrams regarding a training program for San Diego Regional Planning Commissioners was distributed. - B. A copy of the minutes of the May 30, 1979 meeting of the General Plan Housing Element Citizens Committee was C. Proposed wordins to be included in Plannins Resolutions regarding findings on public facilities was passed out and discussed. It was decided that the Commission should review the matter in greater detail and submit any comments to staff .- D. A memorandum from staff regarding V-290(2), Zipser, was introduced, indicating that the problem of acceptable storage areas had been solved and therefore there would be no need for further Planning Commission action in this regards. Mr. Abrams further indicated that the applicant, Stanley Zipser, had appealed the decision of the Planning Commission denying V-290(1) and that the City Council public hearing on that matter was set for Tuesday, June 19, 1979. IV. CONTI'NUED PUBLIC 'HEARINGS A. CUP-l63;De'an, Conditional Use Permit for an auto impound yard on three non-contiguous lots. The lots are west of Tyler Street between Walnut Avenue and Pine. - Commissioner Rombotis indicated that he would not be participating in the discussion or vote on this item6 and left the room. Dave Abrams presented the staff report, indicating that the title search had not been accomplished and, further, that the applicant had asked that only those two lots with access to PLANNING COMMISSION MIP"?ES June 13, 1979 Page Two (2) - Tyler Street, be included in this application for Conditional Use Permit. Staff is recommending that the item be continued. Mr. Don Agatep, 2921 Roosevelt, representing the applicant, indicated that a title insurance policy is now in process, but they had re- ceived no written confirmation as of this time. He further indicated that the applicant would amend the CUP application if no satisfactory title action is received within one week. The applicant agrees with the staff recommendation for continuance of the item. THE PUBLIC HEARING OPENED AT 7:20 WITH NO PUBLIC TESTIMONY BEING GIVEN. A motion was made continuing CUP7163 to the meeting of June 27, 1979 to afford the applicant sufficient time to complete the title search. CONTINUED MOTION: Jose SECOND: Schick AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: Rombotis B. CT 79-4, Ayers, Revision to previously approved subdivision CT 76-7, (Rancho La Questa, Phase 5, The Seaport). The property is located adjacent to the west of El Camino Real, north of the Batiquitos Lagoon. - Dave Abrams presented the staff report requesting that the item be continued due to the fact that the problem of the desiltation basin has not yet been adequately resolved. Don Agatep, 2921 Roosevelt, representing the applicant, indicated that the applicant has made every effort to comply with the terms and conditions as contained in approved tentative map CT 76-7. He stated that the tentative map was approved as to the City's design requirements at the time of approval and now the desiltation and storm drain have been identified as a problem. He urged that the Commission allow the applicant to proceed with the tentative map at this time and predicate any final map approval on the future provision of adequate erosion control and desiltation measures. Commissioner Rombotis mentioned that no action could be taken prior to the Commission's receiving a map for the project. Commissioner Schick related that he would not be opposed to the applicant's suggestion of allowing development at this time and conditioning the final map approval upon the provision of adequate desiltation measures. I THE PUBLIC HEARING OPENED AT 7:30 WITH NO PUBLIC TESTIMONY BEING GIVEN. A motion was made continuing CT 79-4 to the meeting of June 27, 1979 to allow further research into the problem of desiltation. PLANNING COMMISSION June 13, 1979 Page Three (3) - CONTINUED MOTION: SECOND : AYES : MINr"?,S Jose Rombotis L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson V. NEW BUSINESS Due to the fact that there were numerous persons in the audience wishing to participate in the discussion of CUP-9, South Coast Asphalt, this item was taken out of order. A. CUP-9, South Coast Asphalt, Noise complaints by citizens.. Chairman L'Heuruex indicated that this was not a public hearing item, and further that he would not be participating in the discussion or vote due to the fact that he is legal counsel for South Coast Asphalt. At this point he left the podium and turned the meeting over to Vice-chairman Schick. Bud Plender presented the staff report relating that numerous complaints had been received in the past regarding the noise nuisance of the asphalt production. He introduced a letter recently received from South Coast Asphalt indicating that they had purchased sound suppression equipment which should effectively mitigate the noise impact. He urged that the Commission continue the item pending installation of said equipment and at that time direct staff to perform further studies of the problem. Commissioner Larson asked if the noise level or the hours of oper- ation was the main problem. Staff responded that complaints have been received in both regards. Commissioner Jose commented that the last two hearings on this item had identified concerns dealing with hours of operation, noise and dust control. He suggested that specific controls be set and adhered to. Commissioner Rombotis commented that the dba charts show dba read- ings on Haymar Drive (near the asphalt production site) less than those taken on property North of the freeway, possibly evidencing a cumulative effect from the freeway. Staff must determine how much noise is actually coming from the plant, and how much from the freeway. A motion was made continuing the matter for a minimum of 90-120 days, at which time staff should report back to the Commission as to the mitigating effect of the muffling equipment. It was specifically noted that another noise study should be made 30 days after installation of such equipment. CONTINUED MOTION: Rombotis SECOND: Wrench AYES : Rombotis, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: L'Heureux PLANNING COMMISSION MINbl'ES June 13, 1979 Page Four (4) VI. NEW PUBLIC HEARINGS A. CP-6, Mort O'Grady, Condominium permit for 23 detached dwelling uz: Zamora Way, between Alicante Road and Almaden Lane. I Dave Abrams presented the staff report, suggesting that another condition be included setting back the entrance gates 20' from the rear of the sidewalk or 25' from the face of the curb. He also asked that the proposed public utilities finding be included by the Commission. Commissioner Jose questioned as to the necessity of both conditions #5 and #6, as they appeared to be similar. Staff responded that the conditions had been phrased by the City Attorney's office in order to protect the City by expressly requiring proof of sewer availaiblity prior to the issuance of grading or building permits, or final condominium plan approval by the Planning Director. Commissioner Larson expressed concern as to the access through the electrical gates in case of an emergency. He further questioned as to improvements on Almaden Lane. Staff indicated that no improvements were necessary along Almaden Lane due to the landscaped bank. Commissioner Schick asked about the availability of public facilities. Staff responded that all necessary public facilities were available at this time, but that staff would like to include a disclaimer for future entitlements. - THE PUBLIC HEARING OPENED AT 8:05 P.M. Mort O'Gsady, the applicant, indicated that the owners of the units had expressed a desire for a dog run for the express purpose of exercising their pets. He noted that guests coming to the project would dial the residents by using the last four d.igits of the resident's phone number, and the resident could then open the gate. As to emergency situations, he indicated that a similar dial system would be used to open the gates, at which time the gate would have to be reset. Mr. O'Grady expressed concurrence with the conditions as set forth by staff. THE PUBLIC HEARING CLOSED AT 8:lO P.M. WITH NO PUBLIC TESTIMONY. Commissioner Wrench expressed his belief that this was a quality - project. Commissioner Jose expressed concern as to the effective operation of the electrical gates in case of emergency or power failure. PLANNING COMMISSION MIhuIIES June 13, 1979 Page Five (5) A motion was made approving CP-6 for the reasons as set forth in the staff report, dated June 13, 1979, and subject to the conditions contained therein, with the addition of condition #21 that the driveway gates be set back 15' from the property line and subject to the additional condition that the electrical gates' opening mechanism be approved by the Fire Marshall prior to installation. APPROVED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson A TEN MINUTE RECESS WAS CALLED AT 8:15 P.M. Chairman L'Heureux called the meeting to order at 8:25 P.M. B. ZCA-111, Adult Entertainment, amending Title 21 of the Carlsbad Municipal Code by the amendment and addition of various sections to provide for the orderly regulation by Conditional Use Permit of various uses and by the addition of Chapter 21.43 to provide for the regulations of certain "adult entertainment" uses. - Jack Henthorn presented the staff report and introduced Dan Hentschke of the City Attorney's office who would be available to respond with legal interpretations of the proposed Ordinance, Exhibit A, dated May 29, 1979. The Commission questioned the definitions of the words "bowling alley", "antiques", "thrift shop", "charitable organization", "minor", and ''classes" of people. Staff responded that these definitions were either presently contained in the Zone Code or General Plan, or could readily be provided in accordance with accepted terminology. Commissioner Larson asked if the Ordinance is meant to eliminate pool halls or billiard rooms; why such "adult entertainment" uses are to be sited in the PU zone; if the public beach is deemed a 'Ipark"; and what is the definition of "parcel". Staff replied that if an establishment is primarily a bar, then it cannot be a pool hall, it must be one or the other. The primary emphasis of the business will determine the definition of the use. As to the reasoning behind the siting of such uses within the PU Zone, after careful consideration it was found that a significant portion of the City, within which these uses could locate, happen use does not meet the spacing requirement, or any other condition of the ordinance, it cannot locate within the PU Zone. - to be designated PU. Staff further pointed out that if a proposed PLANNING COMMISSION MINT-YS June 13, 1979 Page Six (6) Staff went on to say that the definition of "park1' is to include any area where children would normally congregate. If, in fact, beaches are not specifically defined as park type uses, staff will proceed to identify such areas in the ordinance. As to the definition of "parcel" staff related that such is defined in the subdivision ordinance and is, in fact, a lot. Commissioner Jose asked why it is necessary that an artist studio issue certificates of graduation or diplomas in order to be deemed legitimate. Staff explained that this section deals with a place where an individual may come and pay for the provision of a model to paint. A potential problem exists if you don't narrow the definition of who is legitimate and who is not legitimate. It is not the intent of the ordinance to place under strict regulations, legitimate art institutions. Staff believes that it will be much more difficult to deal with the use once established, if it becomes an adult use as defined herein, than it would be to deal with it on a case by case basis conditioned on a Conditional Use Permit. Commissioner Jose asked if this condition could be circumvented by the establishment stating that such a studio would be established, giving diplomas (which are in effect worthless) and applying for a license. - Staff indicated that such an establishment must meet the require- ments of the State Educational Code. Commissioner Marcus suggested that the term "collectible" be added along with "antique", and further questioned as to the placement of such establishments in the PU Zone. Staff responded that the when the PU Zone allocation was removed the areas in which these establishments could locate was signifi- cantly reduced. The ordinance cannot basically exclude these uses, because it may then be rendered unconstitutional. The feeling was that if the PU Zone is included (which is generally a single use zone for public utilities) there aren't going to be residences, parks, schools, and other such institutions located in that zone as they are not compatible. There is nothing incompatible about having a sexually related, adult use in that particular zone. He reminded that any applicant for such a use must still meet the various spacing requirements. PLANNING COMMISSION MII 'ES June 13, 1979 Page Seven (7) - Mr. Hentschke pointed out some proposed changes, to accomodate proposed revisions to the massage section of the ordinance. These revisions are the product of the City Attorney's office and will be presented with this ordinance at the time it goes back to the City Council. No actual action is required by the Planning Commission but the Commission is asked to review and approve the concept so that staff can then amend the ordinance prior to the City Council hearing. pg. 3 - 21.04.266 should be deleted. This will be taken care of in a later section. pg. 5, line 18 - delete the word ''and" and subsection "AA", as the entire regulation IIAA" will be deleted on page 7. This will remove massage parlors from regulation by CUP, with amendments to the definition of "message establishment" (pg 11, item 13) to read: "Any massage establishment regulated by chapter 5.16 of this code". This definition does not include athletic clubs, health clubs, school gymnasiums, reducing salons, spas, or similar establishments for message or similar manipulation of the human body as offered as incidental or accessory services. pg. 12, item 21 - will be deleted as not necessary. pg. 13, section 21.43.050 - delete subsection 3. That will effectively deal with complete regulations of massage establishments consistent with this ordinance. Chairman L'Heureux asked how this ordinance will affect existing operations, such as card parlors, billiard rooms, etc. Staff responded that those establishments will only be affected at such time as they should cease to operate, desire to reopen or to relocate or expand. Any existing uses not sexually oriented will be handled as non-conforming uses and may then be set for abatement under present restrictions. Chairman L'Heureux asked if the definitions were consistent through- out the ordinance, Zone Code and Building Code. Staff commented that such consistencies must be verified prior to the ordinance being codified. Chairman L'Heureux commented on the regulation of antique shops and the applicability of regulating consignment selling. He went on to say that it is his belief that consignment shops in the City would be beneficial to the community. PLANNING COMMISSION MIT,-"ES June 13, 1979 Page Eight (8) "11. Staff indicated that the sale of antiques are not regulated at this time. "Second hand/thrift" stores are to be regulated by CUP. In addition, police power requires that any application for such a use be supplimented by a financial intent statement and criminal record of the owner/operator. Also the ordinance would not allow goods to be sold on consignment within the City in order to assure proper control over such goods. THE PUBLIC HEARING OPENED AND CLOSED AT 9:45 P.M. WITH NO PUBLIC TESTIMONY. A motion was made recommending that the draft Resolution be forwarded to the City Council with appropriate comments for staff consideration, indicating that the Commission has studied the proposed Zone Code Amendment 111, taken public testimony and recommends approval. APPROVAL RECOMMENDED MOTION: Wrench SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, NOES : None Jose, Larson NEW BUSINESS (CONTINUED) A. SUP-3, Irv Roston, Special Use Permit to allow construction of a condominium project, partially within the flood plain overlay zone, located in the La Costa area on the south side of Costa Del Mar Road, just east of El Camino Real- Dave Abrams presented the staff report requesting an additional condition, setting forth that the granting of this Special Use Permit does not guarantee approval of a Condominium Permit or other entitlements necessary to develop the property. He also suggested that the proposed public utilities finding be included by the Commission. Commissioner Marcus asked how grading would affect the channel. Les Evans, City Engineer, indicated that the property is in Zone 1 of the County Flood Control Area and that the County Flood Control District had indicated that there would be no problem in this regards. It had previously been the opinion of staff, that this method of development would not work. A motion was made approving SUP-3 pursuant to the findings and conditions as contained in the staff report, dated June 13, 1979, in accordance with Exhibits A and C, dated April 12, 1979, and with - the added condition that this approval does not guarantee further development . PLANNING COMMISSION MINUTES June 13, 1979 Page Nine (9) - APPROVED MOTION: Larson SECOND : Marcus AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson B. PCF-18, Bruce, to allow an 8 foot wall around a spa as required in Section 21.46.130. The subject property is located on the west side of Cacatua Street between El Fuerte and Dave Abrams presented the staff report recommending denial based on the fact that approval of such a project would set a poor precedence. Mr. Bruce, 2902 Cacatua, the applicant, indicated that the structure is already existing and it would be almost impossible for him to lower the wall to the six foot maximum allowed. A motion was made approving PCF-18 based upon special circumstances, topography and the location of the lot. The motion died for lack of a second. A motion was made finding the project inconsistent with the intent and purpose of Section 21.46.130 of the Zone Code, based on the "- findings included in the staff report, dated June 13, 1979. DENIED MOTION: Marcus SECOND : Jose AYES: L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson Commissioner Schick pointed out that there appeared to be poor monitoring in the original construction of the pool in an inappropriate quadrant of the property. C. CUP-42G, Sparks, request for Planning Commission direction as to the development of a 14 acre recreational facility at Carlsbad Raceway/Skatepark. Dave Abrams presented the staff report. - Commissioner Schick asked why the Commission had not yet received a Master Plan on the total project. Commissioner Jose expressed concern regarding increased traffic potential of the project. Don Agatep, representing the applicant, indicated that the traffic Any internal changes in the recreational facilities themselves won't effect the traffic. Mr. Agatep asked the Commission if it was - pattern had been approved with the original Conditional Use Permit. PLANNING COMMISSION MIJ!” ‘ES June 13, 1979 Page Ten (10) .- their intent that each individual minor alteration or change within the originally approved CUP come before the Commission with an additional CUP. He further indicated that the Master Plan and a further traffic study was to be completed for any development beyond the 14 acres indicated by CUP-42G. It is the intention of the applicant to outline those specific 14 acres as recreational uses, with the freedom to modify or alter those particular, individual recreational elements within the 14 acre site, without having to apply for additional Conditional Use Permits for each change. Staff reminded the Commission that the original CUP expires in April of 1982 at which time a Master Plan will be required. At that point the Master Plan should indicate the future anticipated development of the entire property. Commissioner Jose reminded the applicant that in the past the applicant has not lived up to the conditions outlined in the various CUPS. Mr. Agatep indicated his intent to be personally bound to assure compliance with all conditions applicable to the CUP. Commissioner Rombotis asked if there was any problem from a planning point of view in the separation of the 14 acres from the - balance of the raceway project area. Staff indicated that the 14 acres could be a viable planning increment as an initial phase of the Master Plan. Commissioner Larson stated that he believed there should be no problem in this regards. A new CUP would afford review of the development and a study could be taken of the traffic situation with changes made as necessary. Chairman L’Heureux indicated that staff should attempt to create a new CUP for the 14 acres (CUP 42E recinded, CUP 42G substituted) with additional conditions for: no more than number of persons per day, number of uses, hours of operation, etc. Commissioner Jose asked if the County has plans to widen Palomar Airport Road. Staff reported that there are no such plans at this time. A motion was made directing staff to accept the application CUP-42G, in lieu of a Master Plan and traffic access study.for the entire 150 acre property. Conditions..- should be applied so that the project can be treated separately from the rest of the raceway, in terms of expiration time and review periods. PLANNING COMMISSION MINL I.ES June 13, 1979 Page Eleven (11) APPROVED MOTION: Larson SECOND: Jose AYES: L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson VIII. APPROVAL OF MINUTES A. A motion was made approving the minutes of May 23, 1979 as corrected. APPROVED MOTION: Jose SECOND: Larson AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: Rombotis B. A motion was made approving the minutes of June 4, 1979 as read. - IX. APPROVED MOTION : Jose SECOND: Rombotis AYES : Rombotis, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: L'Heureux APPROVAL OF RESOLUTIONS A. No. 1523, CT 79-3/CP 79-3, Von Elten A motion was made approving Resolution No. 1523 as read. APPROVED MOTION: Larson SECOND: Jose AYES: L'Heureux, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: Rombotis B. No. 1524, SDP 78-3(A), Burnett A motion was made approving Resolution No. 1524 as corrected. APPROVED MOTION : Jose SECOND: Schick AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: Rombotis PLANNING COMMISSION MINUTES June 13, 1979 Page Twelve (12) C. No. 1510, ZC-203, Roy Ward, Lake Calavera Hills A motion was made approving Resolution No. 1510 as read. APPROVED MOTION: Jose SECOND: Larson AYES : Rombotis, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: L'Heureux D. No. 1525, PDP-2, Roy Ward, Lake Calavera Hills Mr. Bud Plender indicated that staff proposed that conditions #10 and #13 be corrected to read as follows: - "10.'Any appurtenances not part of this application or approval necessary for reclamation, storage, or use of the plant effluent shall be subject to Planning Commission review and approval. At the time of review the Planning Commission shall determine if such appurtenances will have a significant adverse effect on surrounding property. If it is determined that the appurtenances will have a significant adverse effect, a Conditional Use Permit shall be required. 13. The applicant shall be responsible for the funds to construct the facilities as approved. Any reimbursement agreements must be approved by the City prior to submittal of any application for project not already approved or in process of acquiring discretionary approval. Any expenditures by the applicant in advance of a final agreement with the City is at the risk of the applicant." In addition, staff referenced some clerical errors and proposed a new condition #17 as follows: (staff is merely suggesting that the proposed condition #17 be reviewed for informational purposes, and is not recommending Planning Commission adoption this evening) I - Commissioner Schick asked staff if these proposed changes had been thoroughly covered with the applicant. Staff responded that the applicant had been appraised of said revisions this evening. - PLANNING COMMISSION MI' TEES June 13, 1979 Page Thirteen (13) - Mr. Ed Hayworth, representing the applicant, addressed the Commission. As to condition #9, the applicant is responsible for construction on property which he has no control over. If this is going to be a condition there should be some provision that not only makes the applicant, but also the City responsible. Mr. Hayworth further indicated concern regarding the status of the application if, in fact, the property owner should decide not to allow Mr. Ward to use the property. As to condition #14 what happens if the City does not adopt either a sewer allocation permit process or a growth management program. Again, does this create a situation where the applicant has no basis of control in terms of being able to submit applications. They would like to suggest that, if the City indeed is going to require this condition, that some sort of time allocation to allow the applicant some security against not being able to process any applications until such time as the City take action. Possibly an allocation of 60-90 days from the date of approval of the application by the City Council could be set. As to #17, there seems to be an overkill. Almost two years have passed since the original tentative tract for a portion of this was approved. That tract contained a condition that the applicant development. That time seems to be getting close, and it now appears that some of these conditions indicate that the applicant cannot proceed further until the plant is constructed and/or an agreement made. There ought to be some means of at least starting to process or to continue the processing of these applications and planning for these projects, and particularly the next phase in which the applicant is attempting to coordinate not only another tract but also one in the area which the City Council has been suggesting, i.e. affordable housing. It would appear that non of this could'take place at this point until this agreement has been established. He suggests that the original #17 be utilized, omitting the first part of the sentence to read: "NO dwelling unit shall be granted a certificate of occupancy or shall be allowed to be offered for sale until such time as a satellite treatment plant is operational and accepted by the City". As the new #17 reads the applicant cannot even continue the processing of the original tract map 76-12. It would not appear that the stopping of the processing of that tract map would create any particular problem for the City. Commissioner Schick indicated that it would appear that any further issues deal with the finer policy points which must be dealt with at the City Council level. He suggests that the record be forwarded to the City Council, coupled with the final changes as proposed by staff, and the indication that those areas now in contention are policy areas which we, as a Commission, do not feel that we can totally accept or reject. I was to achieve an appropriate sewer facility for this particular - PLANNING COMMISSION MIP 'ES June 13, 1979 Page Fowrteen (141 " Mr. Ed Hayworth, representing the applicant, addressed the Commission. As to condition #9, the applicant is responsible for construction on property which he has no control over. If this is going to be a condition there should be some provision that not only makes the applicant, but also the City responsible. Mr. Hayworth further indicated concern regarding the status of the application if, in fact, the property owner should decide not to allow Mr. Ward to use the property. As to condition #14 what happens if the City does not adopt either a sewer allocation permit process or a growth management program. Again, does this create a situation where the applicant has no basis of control in terms of being able to submit applications. They would like to suggest that, if the City indeed is going to require this condition, that some sort of time allocation to allow the applicant some security against not being able to process any applications until such time as the City take action. Possibly an allocation of 60-90 days from the date of approval of the application by the City Council could be set. As to #17, there seems to be an overkill. Almost two years have passed since the original tentative tract for a portion of this was approved. That tract contained a condition that the applicant development. That time seems to be getting close, and it now appears that some of these conditions indicate that the applicant cannot proceed further until the plant is constructed and/or an agreement made. There ought to be some means of at least starting to process or to continue the processing of these applications and planning for these projects, and particularly the next phase in which the applicant is attempting to coordinate not only another tract but also one in the area which the City Council has been suggesting, i.e. affordable housing. It would appear that none of this could take place at this point until this agreement has been established. He suggests that the original #17 be utilized, omitting the first part of the sentence to read: "NO dwelling unit shall be granted a certificate of occupancy or shall be allowed to be offered for sale until such time as a satellite treatment plant is operational and accepted by the City". As the new #17 reads the applicant cannot even continue the processing of the original tract map 76-12. It would not appear that the stopping of the processing of that tract map would create any particular problem for the City. - was to achieve an appropriate sewer facility for this particular Commissioner Schick indicated that it would appear that any further issues deal with the finer policy points which must be dealt with at the City Council levei. H;! suggests that the record be forwarded to the City Council, coupled with the final changes as proposed by staff, and the indication that those areas now in contention are policy areas which we, as a Commission, do not feel - - PLANNING COMMISSION MI1 'ES June 13, 1979 Page Fist&*- (1.5) ' Commssioner Rombotis indicated sympathy for the applicant's position and concurred that these final issues are matters for the Council. #9, dealing with City participation in the offsite problem, may necessitate the use of the power of eminent domain by the Council, and therefore is totally a matter for their discretion. He suggested a minute motion be made indicating the Commission's consideration of such matters and setting forth the Commission's cuncurrence with whatever ultimate decision the Council may reach on such policy issues. A motion was made approving Resolution 1525 with the suggested revisions to conditions 10, 13 and 23 as noted by staff, and forwarding same, together with the comments and desires of the applicant, as well as the proposed revision to condition #17 to the City Council for further action. APPROVED MOTION: Marcus SECOND : Jose AYES: Rombotis, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: L'Heureux Chairman L'Heuseux reminded the Commission to review the proposed wording for the public facility finding and to submit any - comments thereon to the staff. Mr. Abrams asked that the Commissioners consider attending the seminar sponsored by CPO. X. There being no further business, the meeting adjourned at 11:30 P.M. Respectfully Submitwd, M+& Marga t Sackrider Recording Secretary ATTEST : James C. Hagaman Secretary