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HomeMy WebLinkAbout1979-08-08; Planning Commission; MinutesL PLANNING COMMISSION M 'JTES - CITY OF CARLSBAD August 8, 1979 Page - I. 11. 111. IV . One (1) NOT 'FICIAL UNTIL APPRuVED AT SUBSEQUENT EmETING OF THE CARLSBAD PLANNING COMMISSION + CALL TO ORDER The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. ROLL CALL Commissioners present: Chairman L'Heureux, Commissioners Rombotis, Marcus, Jose, Larson, Wrench, Schick Ex Officio Members present: James C. Hagaman, Planning Director; Dan Hentschke, City Attorney. Staff present: Dave Abrams, Associate Planner; Mike Zander, Associate Planner; Les Evans, City Engineer. AGENDA ITEM COMMUNICATIONS A. A letter from South Shores Development Corp., owners of Lanikai Lane Mobile Home Park, was distributed referencing SNC-15, Ponto Drive. - B. A memorandum from James C. Hagaman to Paul Bussey, City Manager, regarding City Council policies on Calavera Hills Wastewater Treatment Plant, dated June 1, 1979, was passed out for Commission information. C. A memorandum from Bud Plender, Assistant to the Planning ,#. - Director, regarding City goals and- objectives was distributed. CONTINUED PUBLIC HEARINGS - A. V-292, Dresser, Variance to reduce required rear yard setback to approximately seven feet to permit construction of building addition.- THE PUBLIC HEARING WAS RE-OPENED AT 7:05 P.M. Dave Abrams presented the staff report, recommending denial. Chairman L'Heureux referenced a letter, contained in the stsff report, from Rosemary Burr, 3609 Ames Place, dated July 26, 1979, opposing the project. Commissioner Wrench indicated that although he had been absent from the July 25, 1979 meeting, that he had reviewed the minutes and tapes of that meeting, and felt confident in participating in discussion and voting on the matter. PLANNING COMMISSION -TNUTES Page two (2) ' August 8, 1979 r' Mr. Dresser, the applicant, distributed an area map indicating lot dimensions and pointed out why he believes his lot, and two others in that subdivision, should be considered special circumstances. He reiterated his contention that if his project is denied, he will be denied a right enjoyed by others in the neighborhood. - Commissioner Schick expressed gratitude to the applicant for the provision of the additional information, which, in his opinion, substantiates his own feeling that the project should be approved. Chairman L'Heureux read into the record a written communication the project. from Mr. and Mrs. Rand Wesson, 2715 Chestnut Avenue, opposing Commissioner Larson indicated that while he appreciated the work done by the applicant, it is still his opinion that Mr. Dresser is not being denied any right enjoyed by surrounding property owners. He indicated that he may feel differently if, in fact, it were impossible for Mr. Dresser to construct the spa elsewhere on the property. r- Commissioner Jose agreed with Commissioner Larson. Commissioner Wrench related his belief that,the applicant was erroneous in his basic premise that everyone has the right to build behind his house, but instead, that everyone has the right to expect that setbacks will be observed. THE PUBLIC HEARING CLOSED AT 7:20 P.M. A motion was made to approve V-292 for the following reasons: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to the other property in the same vicinity and zone: 2. 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; 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located; 4. That the granting of such variance will not adversely affect the general plan. DENIED MOTION: Schick SECOND: Rombotis AYES: Rombotis, Schick, Marcus NOES : L'Heureux, Jose, Wrench, Larson PLANNING COMMISSION I-TUTES August 8, 1979 Page three (3) A motion was made denying V-292 as recommended in the staff report dated August 8, 1979. APPROVED MOTION: Larson SECOND : Jose AYES : L'Heureux, Larson, Wrench, Jose NOES : Rombotis, Schick, Marcus B. ZCA-75, Hotels and Motels Zone Code Amendment to various chapters of Title 21, of the Carlsbad Municipal Code, to revise the zoning regulations of motels and hotels." THE PUBLIC HEARING OPENED AT 7:30 P.M. Mike Zander presented the staff report. Commissioner Rombotis indicated he would be abstaining and left the podium. Commissioner Jose asked if the building code set forth similar construction standards for motels and apartments. Staff responded that they did not know. Chairman L'Heurewc questioned the definition of kitchenette. Staff replied that a kitchenette is defined as any room, or portion of a room, used, intended or designed for the preparation of food. He replied that the use of hot plates or types of portable refrigerator/stove units would not be included as it would be impossible for staff to monitor such uses. Only those kitchen facilities indicated on submitted plans would be enforceable. Tony Howard-Jones, of Beach Terrace, Best Western Motel, indicated his firm had just recently obtained Coastal Commission approval for the expansion of 100' of beachfront, zoned R-3, to include 14 motel units, 7 kitchenettes, a guest lounge, swimming pool, therapy pool, and sauna. He related that in the past 15 years most new motels were placed in the R-3 zone. He realizes that there should be some criteria for the development of such motels, as is being carried out currently by the Coastal Commission, but - feels that not allowing motels to be developed in the R-3 zones PLANNING COMMISSION MllvUTES August 8, 1979 Page four (4) would be overly restrictive. Mr. Jones further disagreed with the use of the CUP process for such development, and suggested that staff consider a Q Overlay instead, as the CUP process would present a problem from a financing aspect since CUPS are regarded as limited uses with termination dates. As to the issue of kitchenettes, he indicated that the average kitchenette is less than 100' and the requirement of providing an additional 4 parking space for kitchenette units seems unreasonable. Mr. Jones recognized staff's position in attempting to curtail sub- standard and "boot-leg'' development, but suggested that design criteria and controls should be sufficient. Regarding motels in high density areas, Mr. Jones related that under the General Plan many motels are currently located in high density areas. He commented that in Carmel there are numerous small motels in the heart of town, in a residential atmosphere, which works out beautifully. He related that motels in the downtown area are important to the redevelopment effort in that visitor and tourist trade will attract specialty shops and merchants. Commissioner Larson questioned staff as to the use of the Q Overlay Zone in lieu of the R-3. - Staff responded that a problem lies in the defined purpose of the Q Overlay, in that review of a project would be limited to the site development plan, and not to the control of a particular use, whereas, the CUP process allows for the continual monitoring of uses and unique situations. Staff further explained that not all CUP are regarded as limited uses, nor require termination or abatement dates. Commissioner Wrench indicated appreciation for staff's intentions in preventing deterioration and sub-standard units (the conversion of motels into sub-standard apartments), but indicated concern as to the format of the amendment as presented. He noted that the appears to be discrimination in this regards and further related that in his opinion Mr. Jones has, in the past, made a sincere effort to provide quality development within the City. He indicated that the amendment as presented, appears too heavy handed and should be refined to achieve the desired purpose without discrimination. Commissioner Jose expressed agreement with Commissioners Larson and Wrench in tha? Mr. Jones has built fine establishments and maintained high standards. He asked that staff further explain the use of R-T zone as a possible alternative zone for such development. He feels that quality motel development is appropriate in the City, although he is not certain that the use of the CUP process is appropriate 'or that motels should be - eliminated from the R-3 zone. Commissioner Wrench suggested that staff study in more detail the use of CUP as opposed to the use of the Q Overlay Zone. PLANNING COMMISSION UTES August 8, 1979 Page five (5) Staff indicated that another problem with the use of the Q Overlay is that all projects in the R-3 zone would require site development plans, even residential development. Commissioner Larson expressed no objection to the development of motels within the R-3 zone, under certain development criteria. He noted concern for that large portion of undeveloped land currently zoned R-3, indicating his belief that the CUP process sould be a necessary part of motel development in such areas. He urged that standards and criteria be developed for such projects. Chairman L'Heureux concurred with Commissioners Larson and Wrench and indicated concern regarding the use of the C-2 zone. THE PUBLIC HEARING CLOSED AT 7:55 P.M. A motion was made continuing ZCA-75 to the meeting of September 26, 1979 to allow further staff review. APPROVED MOTION: Jose SECOND: Larson AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson ABSTAIN: Rombotis Staff indicated that ZCA-75 would be renoticed for public hearing in the newspaper. V. NEW PUBLIC HEARINGS A. SNC-15, Ponto Drive, street name change from Anacapa Road to Ponto Drive. THE PUBLIC HEARING OPENED AT 8:OO P.M. Dave Abrams presented the staff report, recommending approval. Dale Schreiber, of Ponto Storage, indicated that those businesses currently located on the subject drive would encourage approval of the street name to Ponto Drive as suggested by staff. Chairman,L'Heureux referenced the letter from South Shores Development Corporation, in support of the proposed name change to Ponto Drive. THE PUBLIC HEARING CLOSED AT 8:05 P.M. PLANNING COMMISSION "YNUTES August 8, 1979 Page six (6) c A motion was made approving SNC-15, Ponto Drive, as submitted. APPROVED MOTION: Jose SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson VI. NEW BUSINESS A. SDP 79-3, Breitbarth, phase I of a site development plan for a 3600 square foot medical-dental and general office complex at the southwest corner of Pi0 Pic0 and Las Flores Drive . Mike Zander presented the staff report, recommending approval, and suggesting that an additional 10' ,reciprocal access easement along the westerly and southern boundary lines be included in the conditions of approval. Staff indicated that the City Council has recently determined that not all City provided public facilities can be provided concurrent with need, unless the project contributes to the costs of the provision of such facilities. Mr. Zander went on to say that such fees have not been determined, but staff and Council are currently working toward a solution in this regards. It is suggested that the Commission include a condition requiring the applicant to con- tribute to such public facilities fees upon determination of same. Chairman L'Heureux asked if the Kubota project, upon development of their phase I, could be asked to alter their parking, etc. Staff responded that once a project has been constructed, it is unlikely that the developer could be asked to revise a portion of it. Commissioner Jose indicated concern with persons backing out onto Pi0 Pic0 from the parking lot. Staff replied that the Traffic Engineer had indicated that the parking should be adequate for this first phase development and that the potential of automobiles backing onto Pi0 Pic0 is of minimal impact. Commissioner Rombotis further pointed out that with the addition of on-street parking on Pi0 Pico, parking. should be adequate. Commissioner Schick asked if the EDU currently alloted to the house existing on the property could allow sewer connection at this time. Staff commented that one EDU equals approximately 1800 square feet, which is not sufficient capacity for this project. PLANNING COMMISSION MINUTES Page se en (7) August i. 1979 h c posed questions regarding how is a project's facilities fee determined: how are the necessary public facilities defined; where do the fees go; how can an applicant be assured that his fees will, indeed, be used to provide those facilities identified as necessary for his particular project, StCff replied that these, as well as other questions, are being re+iewed by staff for report back to the City Council, Corhmissioner Rombotis asked if such fees will be levied upon dibcretionary actions only, or become a fee at the building permit level. Stiff indicated that a citizen's committee will be formed to study th$ fee which will be applied to all projects. Upon Council determination, the fee may be put on the ballot, possibly in November. Cobissioner Wrench if the project could be redesigned for tuknaround in the parking area. Stiff responded that the building could be placed in the noktheast portion of the property with the parking lots at the south, but this would preclude phasing of the project. Also, there would be a problem of three adjoining parking lots once the neighboring projects were developed. Drl Breitbarth, the applicant, 804 Elm, indicated that the prbject, as submitted, represents three years of extensive work and re-design. He related that the phasing of the project is for economic reasons, and assurred the Commission that one phase is contingent upon the other, and both will be completed, hopefully with the second phase commencing 2-4 years after cofnpletion of the first. He reminded the Commission that the parking plan is for the first phase only and that upon develop- ment of the second phase, the parking and circulation will be vastly improved. He related that the neighboring property owners have indicated their willingness to cooperate in the development of the entire parcel of land. Rok Blackford, 2942 Harding, architect, indicated that there are other recently approved projects utilizing dead-end parking, and cited the Bryant and Hunt projects. He related concern in staff's newly proposed condition of the 10' reciprocal easement on the south side of the property, in that paving of the area would preclude use of leach fields. Dr~. Breitbarth indicated that he has been working with staff for over five months, and the first time the public facilities fee was mentioned was at the DCC meeing on July 31. He feels that the project site is located in an already developed area, supplied with public facilities. He notes that the surrounding PLANNIN~ COMMISSION -TNUTES August , 1979 Page ei 1 ht (8) i i r rc prbperty owners were not asked to contribute to the public facilities fees and feels that he is being discriminated against. He further noted that.he is presently a businessman in downtown Carlsbad and would merely be relocating his present practice, not creating additional demands. In closing, he stated that his project represents quality development of a professional complex, which is sorely needed in the City of Carlsbad. T:& Commission expressed disagreement with the proposed public facilities findinq as beinq vague and discriminatory, contending that such a finding places-an undue burden upon- the Commission in determining projected needs for, as yet undetermined, public facilities. For this reason the Commission expressed the desire that finding #3.F. be deleted and replaced with a finding that states that in the absence of contradictory evidence, the Commission finds that all necessary public facilities either are presently available, or will be provided concurrent with need. A hotion was made approving SDP 79-3, subject to the findings and conditions as contained in the staff report, dated August 8, 1979, with the following revisions: Fi'nding 3.D. will be revised to read: "Water will be supplied by the City of Carlsbad". Fihding 3.F. will be revised to read: "In the absence of cantradictory evidence, the Planning Commission finds that all other necessary public facilities will be available or will be provided concurrent with need." Cdndition 10. as contained in the staff report will be deleted and a condition requiring the developer to dedicate a ten (10) foot wide reciprocal access easement to the adjoining property owners along the southerly and westerly property lines shall be added. The easement along the southerly property shall be worded in such a way that it shall become null and void if the developer obtains building permits for Phase I as shown on Exhibit A, dated August 6, 1979." T& Attorney indicated that some time back the staff presented the Commission with some evidence that public facilities were reaching the saturation point in the City, and that the public facilities finding was becoming more and more difficult to make. While the decision lies in the sole discretion of the Commission, the Public Facilities Element of the General Plan requires that evidence of adequate public facilities must be made available prior to such a finding. The only evidence presented by staff indicates that such facilities were not available. , PLANNING COMMISSION "TNUTES August 8, 1979 Page nine (9) ? Commissioner Wrench responded that the Assistant City Attorney seemed to be alluding to evidence present on the record, but does not make it clear where on the record. He contends that in the absence of contrary indications from the City Council, the Planning Commission must conclude that all necessary public facilities are, in fact, available. The Attorney stated that technically the Public Facilities Element requires the applicant to submit evidence that public facilities are available. However, the Commission could make findings of availability if it stated the reasons therefor on the record. Commissioner Schick reminded the Commission that they had recently been given proposed wording for a public facilities finding, which they had returned to staff for further work, and which had never come back before them for further consideration. APPROVED MOTION: Schick SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson A TEN MINUTE RECESS WAS CALLED AND THE MEETING RECONVENED AT 9:35 P.M. B. ROI 163, Drive-thru Facilities, Resolution of Intention to prepare a Zone Code Amendment to Section 21.42.010(5)(N) so as to require a conditional use permit for any drive- thru facility. - The Commission agreed to waive presentation of the staff report. A motion was made approving ROI-163 as submitted. APPROVED MOTION: Jose SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose, Larson C. ZCA-105, Non-Conf orming Uses. Ai'i4' . ''? .* 'v' Mike Zander gave the staff presentation indicating that the City Council had returned this item to the Planning Commission for further review and consideration. Commissioner Jose indicated that it was his personal opinion that if they place a 50% replacement value on non-conforming uses, the City would be hard pressed to abate such a use once it has replaced 50% of its square footage. PLANNING COMMISSION MINUTES August 8, 1979 Page ten (10) - I,, . - Commissioner Wrench stated that the figure was an arbitrary and subjective value judgment. Well less than one-half of a non-conforming use may be tolerant, but certainly not much more than one-fourth of the original base square footage. Commissioner Schick commented that possibly those uses primarily serving the community could be allowed to expand more extensively. A motion was made forwarding ZCA-105 to the City Council with the determination that the replacement value be increased to 50% and expansion of non-conforming uses be limited to those uses that provide a public service traditionally provided by the City. DENIED MOTION: Schick SECOND: Rombotis AYES : Rombotis, Schick, Marcus NOES : L'Heureux, Jose, Larson, Wrench A motion was made forwarding ZCA-105 to the City Council with the determination that the Code Amendment as originally recommended by the Planning Commission is preferable to any modifications suggested by Council or staff. APPROVED MOTION: Rombotis SECOND : Wrench AYES : L'Heureux, Marcus, Jose, Larson, Wrench NOES : Rombotis, Schick VII. APPROVAL OF MINUTES A motion was made approving the minutes of July 25, 1979, as corrected. APPROVED MOTION: Jose SECOND: Rombotis AYES: L'Heureux, Rombotis, Schick, Marcus, ABSTAIN: Wrench Jose, Larson VIII. APPROVAL OF RESOLUTIONS A. Resolution No. 1538, CUP-163, Dean A motion was made approving resolution No. 1538 as submitted. APPROVED MOTION: Jose SECOND: Larson AYES : L'Heureux, Schick, Marcus, ABSTAIN: Wrench, Rombotis Jose, Larson _- . ' PLANNING COMMISSION b. .UTES August 8, 1979 Page eleven (11) -. B. Resolution No. 1539, CUP-165, May A motion was made approving Resolution No. 1539 as submitted. APPROVED MOTION: Rombotis SECOND: Jose AYES : L'Heureux, Rombotis, Schick, Marcus, ABSTAIN: Wrench Jose, Larson C. Resolution No. 1540, ZCA-109, City of Carlsbad A motion was made approving Resolution No. 1540 as submitted. APPROVED MOTION: Rombotis SECOND: Jose AYES: L'Heureux, Rombotis, Schick, Marcus, ABSTAIN : Wrench Jose , Lar son IX. OTHER BUSINESS A. Blue Ribbon Citizen's Committee Chairman L'Heureux informed the Commission that he had been approached regarding the possibility of the Commission as a whole or in part, volunteering their services to set on the committee being formed by the City Council to review public facilities fees. Upon discussion the Commission agreed that Chairman L'Heureux should offer the assistance of the Planning Commission in this regards. James C. Hagaman indicated his understanding that the suggested make-up of that committee is proposed to consist of members of the Chamber of Commerce, construction industry, homeowners, and residents of mobile home parks. X. There being no further business the meeting was adjourned at 10:15 P.M. Recozding Secretary