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Home My WebLink About1979-08-22; Planning Commission; MinutesPLANNING COMMISSION TWTES CITY OF CARLSBAD August 22, 1979 Page I. 11. 111. - IV One (1) NOT -FFICIAL UNTIL APPhdVED AT SUBSEQUENT MEETING 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, Wrench, Schick Commissioners absent: Commissioner Larson Ex Officio Members present: James C. Hagaman, Planning Director; Dan Hentschke, City Attorney Staff present: Mike Zander, Associate Planner; Brian Milich, Assistant Planner; Les Evans, City Engineer; Richard Allen, Principal Civil Engineer. The Pledge of Allegiance was led by Chairman L'Heureux. AGENDA ITEM COMMUNICATIONS Chairman L'Heureux announced that Mayor Packard had received the resignation of Commissioner Wrench, effective September 30, 1979, due to pressing business obligations. CONTINUED PUBLIC HEARINGS r- A. CUP-164, Kentucky Fried Chicken - Drive-thru, to allow a drive-thru addition to an existing chicken store located on the southeast side of Elm Avenue, between Madison and Jefferson streets. - THE PUBLIC HEARING OPENED AT 7:05 P.M. Brian Milich gave the staff presentation, recommending denial, and calling the Commission's attention to memos from the Redevelopment Coordinator, dated August 9, 1979, and the Consulting Transportation Engineer, dated August 7, 1979. Commissioner Jose asked if staff had considered the possibility of using the alleyway adjacent to the property for ingress and egress. He also questioned if staff were allowing a pole sign for the project. Staff responded that whether or not the alleyway were used, traffic generated onto Elm would still be a problem. They further responded that there was no indication of a pole sign on the plans, although there was an existing flag pole noted. PLANNING COMMISSION .CVUTES August 22, 1979 Page Two (2) Commissioner Jose noted that in regards to the transfer of drive-thru rights to a subsequent owner, a condition of approval could be imposed stating that the drive-thru right terminates with any sale or transfer of the property. He also noted that employees of surrounding office buildings park along Madison and that possibly the street could be painted for no parking to alleviate the congestion problem. Staff stated that a CUP could be limited to one certain applicant and not be transferrable. Commissioner Rombotis asked the status of the proposed traffic median down Elm. Staff responded that no definite decision has been reached regarding said median. Dave Carlson, representing the applicant, noted that the applicant had considered using the alley for ingress and egress and believed that it could afford an easy access to the site. He further noted that any reference to a change in signing is in error and that the existing monument sign is the only free- standing sign proposed for the project. As to the traffic count, he indicated that approximately 200 cars frequent the site per day and if this number were increased by 10% to 20% as previously noted by staff, that would only represent an additional 40 cars. He related that the most recent plans conform to all those concerns previously noted by staff, and urged Commission approval of the project. Commissioner Jose asked if the applicant or staff had visited the San Diego Arby's Restaurant for application in this instance. Mr. Carlson related that to place a pick-up station elsewhere on the property would be economically unfeasible at this particular Kentucky Fried Chicken store. Commissioner Jose related his belief that the traffic possibly generated by this project would not pose a significant traffic hazard. A motion was made by Commissioner Schick denying CUP-164 for the reasons contained in the staff report dated August 22, 1979. The motion died for lack of a second. A motion was made directing staff to prepare conditions of approval for review and discussion by the Planning Commission as a public hearing item on the September 12th agenda. The applicant was urged to meet with staff to resolve their differences. PLANNING COMMISSION T lUTES August 22, 1979 Page Three (3) - Commissioner Rombotis indicated that he would be voting yes, but is not implying approval of the drive-thru. He only wishes to see the list of conditions that could be imposed. Commissioner Wrench expressed agreement with Commissioner Rombotis. He will vote yes simply to move the matter forward, but would expect a thorough debate on the Resolution of approval. Commissioner L'Heureux indicated that he could not vote yes on the matter at this point, but reserves the right to change his vote upon further review of the documents. MOTION APPROVED MOTION: Jose SECOND: Rombotis AYES : Rombotis, Schick, Wrench, Marcus, Jose NOES : L ' Heureux €3. ZCA-110, RV Storage, to allow the storage of recreational vehicles in specific zones, upon the granting of a Con- ditional Use Permit. - THE PUBLIC HEARING OPENED AT 7:55 P.M. Brian Milich presented the staff report, recommending approval. Commissioner Jose noted a discrepancy in the staff report and asked if RV would be allowed in residential zones or only in specific zones. Staff responded that RV storage would be only be allowed by CUP in specific zones. Commissioner Jose indicated that he believed the word "development" should be changed to "Zone Code Amendment'' on page 3, c) of the staff report dated August 22, 1979. THE PUBLIC HEARING CLOSED AT 8:OO P.M. A motion was made recommending approval of ZCA-110 pursuant to the findings as contained in the staff report as corrected, dated August 22, 1979. MOTION APPROVED MOTION: Rombotis SECOND: Wrench AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose P."TUTES v. NEWI PUBLIC HEARINGS CT 79-7/CP-10, Harry Fries, tentative tract map and condominium permit for 39 condominium units in La Costa. 1 The property is located on the southwest corner of El 1 Fuerte and Santa Isabel Streets. - PUBLIC HEARING OPENED AT 8:02 P.M. gave the staff presentation, recommending noting several modifications to the staff report, Comnissioner Rombotis asked the depth of the setbacks along the south property line. responded that the setbacks would be 5' as required by Zone and that staff would attempt to have such indicated on all plans in the future. the applicant, indicated concurrence with the Co&issioner Schick asked the applicant how the door into the garbge was to open. Mr. doors would be reversed and open into the units. the Fries responded that the plans were in error and that pastor of St. Elizabeth Isabel Street, expressed parking facilities for the replied that the Condominium Ordinance specifies 13 parking spaces must be provided and the applicant has 9 on-street visitor parking spaces, in addition to spaces. Also it was noted that each unit has a two space for two additional cars on the driveway. THE^ PUBLIC HEARING CLOSED AT 8:lO P.M. his dissatisfaction with the project, citing lack of yards, small planned recreational facilities, problems. Commission expressed a general concern regarding lack of guidance as to public facilities. It was generally that in the absence of contrary evidence that public PLANNING COMMISSION b' 'UTES August 22, 1979 Page Five (5) , .~ L facklities are not available or will not be provided concurrent with need, or a clearly articulated City Council policy decision in this regards, the Planning Commission has no alternative but to assume that all public facilities will continue to be provided in the future as in the past. The Assistant City Attorney reminded the Commission that the Public Facilities Element of the General Plan mandates that the record must reflect specific evidence, provided by the applicant, indicating that such facilities are available or will be provided concurrent with need. Staff indicated that public facilities, and their fees will be discussed at the Council workshop meeting scheduled for August 29th and, hopefully, staff will have some information for the Commission in this regards at the next meeting. A motion was made recommending approval of CT 79-7/CP-10 in accordance with the findings and conditions as contained in the staff report, dated August 22, 1979, and with the deletion of condition of approval #12, and the modification to reflect that water service will be provided by the San Marcos County Water District. MOTION FAILED MOTION: Jose SECOND: Marcus AYES : Jose, Marcus NOES : L'Heureux, Rombotis, Schick, Wrench A motion was made recommending approval of CT 79-7/CP-10 in accordance with the findings and conditions as contained in the staff report, dated August 22, 1979, and with the following modifications: Pg. .6, d) will be revised to read: "Water service will be provided by the San Marcos County Water District, and the applicant is required to comply with their rules and regulations. I' Pg. .6, g) will be deleted and the following paragraph inserted in its place: "In the absence of contradictory evidence, the Planning Commission finds that all other necessary public facilities will be available or will be provided concurrent with need." Pg. .8, 12) shall be deleted. Pg. 19, 14) shall be deleted. MOTION APPROVED MOTION: Jose SECOND: Schick AYES: Schick, Wrench, Marcus, Jose NOES : L'Heureux, Rombotis PLANNING COMMISSION FYJTES August 22, 1979 Page Six (6) B. ZCA-112, Buildincr Heicrht in RD-M Zone. a method of calculating building Geight in the RDh Zone. - THE PUBLIC HEARING OPENED AT 8:30 P.M. Brian Milich presented the staff report, recommending approval. THE PUBLIC HEARING CLOSED AT 8:35 P.M. A motion was made recommending approval of ZCA-112 in accordance with the reasons as outlined in the staff report dated August 22, 1979. MOTION APPROVED MOTION: Jose SECOND : Schick AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose VI. APPROVAL OF MINUTES A motion was made approving the minutes of August 8, 1979 as corrected. - MOTION APPROVED MOTION : Jose SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose VII. APPROVAL OF RESOLUTIONS A. Resolution No. 1541, V-292, Dresser A motion was made approving Resolution No. 1541 as submitted. MOTION APPROVED MOTION: Jose SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus , Jose B. Resolution No. 1542, SNC-15, Ponto Drive A motion was made to approve Resolution No. 1542 as submitted. MOTION APPROVED MOTION: Schick SECOND: Jose AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose PLANNING COMMISSION MALWTES August 22, 1979 Page Seven (7) C. Resolution No. 1543, SDP 79-3, Breitbarth A motion was made approving Resolution No. 1543 as submitted. MOTION APPROVED MOTION: Jose SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus, Jose VI I I. OTHER BUSINESS The Assistant City Attorney distributed copies of Agenda Bill 5970 regarding zone code requirements for findings and referrals back to the Planning Commission for general information purposes. - IX. There being no further business the meeting adjourned at 8:50 P.M. ,- Respectfully Submittedfl Macgaretpckrider RECORDIN SECRETARY ATTEST: