Loading...
HomeMy WebLinkAbout1979-09-12; Planning Commission; Minutesc- ,' ,- PLANNING COMMISSION -NUTES CITY OF CARLSBAD September 12, 1979 Page One (1) I. CALL TO ORDER I NO 3FFICIAL UNTIL APPAOVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. 11. ROLL CALL Commissioners present: Chairman L'Heureux, Commissioners Rombotis, Marcus, Jose, Larson, Schick Commissioner absent: Commissioner Wrench Ex Officio Members present: Dan Hentschke, Assistant City Attorney Staff present: Bud Plender, Principal Planner; Les Evans, City Engineer; Richard Allen, Principal Civil Engineer. The Pledge of Allegiance was led by Chairman L'Heureux. 111. AGENDA ITEM COMMUNICATIONS A. B. C. D. E. Letter, dated August 31, 1979, from Lee Rautenkranz, City Clerk, regarding the appointment of a Citizen's ,Committee to review the need for a Public Facilities Fee. Memorandum, dated September 4, 1979, from the City Manager regarding the City Council adopted Policy No. 17, which provides the basis for applying the Public Facilities Element of the General Plan. Memo, dated August 31, 1979, from the City blanager, regarding public facilities needs. Letter, dated August 24, 1979, from James R. Goulding regarding PCD-19, Robinson. 'n Chairman L'Heureux reported on the meeting the public hearing this date regarding the proposed Conflict of Interest Code. He voiced two concerns with the document as proposed: 1) there should be a modification to the definition of that jurisdictional area necessitating reporting, to include City property owned outside the City limits, including the Encina Sewage facility; 2) a map should be provided showing City jurisdiction, 500' City boundaries, 1 mile and 2 mile boundaries, pump stations owned by the City, property within the City of Oceanside, Leucadia, San Marcos, San Dieguito, etc. The City,Attorney is to report back to the Commission in this regards. - - 2 L &S' PLANNING COMMISSION -IUTES , September 12, 1979 Page two (2) r F. Chairman L'Heureux announced that he had tendered his resignation from the Planning Commission, effective October 1, 1979. He urged the remaining Commissioners to attend all future meetings, as there will be two vacancies on the Planning Commission for some period of time. - IV. CONTINUED PUBLIC HEARINGS A. CUP-164, Kentucky Fried Chicken, Conditional Use Permit to allow a "drive-thru" addition to an existinq chicken store located on the southeast side of Elm Avenue, between Madison Street and Jefferson Street, - THE PUBLIC HEARING OPENED AT 7:lO P.M. Bud Plender presented the staff report, recommending denial, based on the fact that the necessary findings cannot be made to justify a Conditional Use Permit. - Commissioner Jose indicated that the minutes of August 22, 1979 were in error, as his motion was that the matter be returned to staff to work out an amenable solution to the problems, to be returned to the Commission for consideration. .f- Commissioner Larson indicated that although he had not attended the August 22, 1979 meeting, he had attended all previous public hearings on the matter, had listened to the tapes of the August 22 meeting, and felt prepared to participation in the deliberations on the matter. Chairman L'Heureux agreed that Commissioner Larson should be allowed to participate in discussion and vote on the matter. Dave Carlson, representing the applicant, indicated that it was his understanding that the Planning Commission at their last meeting had approved the project, and directed staff to return with a resolution of approval. He further indicated that he believed staff's conditions of approval were unreasonable and overly restrictive. Chairman L'Heureux explained to Mr. Carlson that no decision of approval had been made by the Commission, and that staff had merely been directed to return with suggested conditions of approval and mitigation should the Planning Commission vote favorably on the project. He further reminded Mr. Carlson that on each occasion this item had been heard, that staff had recommended denial. Mr. Carlson stated that upon evaluation of the economic considerations, it would be impossible for his corporation to consturct the center median down Elm Avenue. He futher related PLANNING COMMISSIr" MINUTES September 12, 1974 Page three (3) the applicant's belief that condition #2 should be modified to read "This conditional use permit is granted to Kentucky Fried Chicken National Management Company and is not assign- able or transferrable to other type businesses." He also suggested that condition 113 be deleted, as well as conditions 11 and 12, he further expressed disagreement with condition #8. Commissioner Schick referenced excerpts of the minutes of August 22, 1979 in order to clarify Commission action. THE PUBLIC HEARING CLOSED AT 7:30 P.M. WITH NO FUTHER TESTIMONY. Commissioner Jose expressed agreement with the applicant that no median down Elm Avenue was necessary. He also related his personal belief that many of the conditions of approval were harsh and severe, although he agreed with a review of the CUP in six months. He would agree with the deletion of condition 118, the changes to condition #2 as suggested by the applicant, and in addition, would like to see the applicant maintain the presently existing landscaping of the site. The possibility of using the alley adjacent to the site for ingress and egress was suggested. Commissioner Schick noted that he would recommend denial of the project in that there are pre-existing problems along Elm at the present time and he sees no need to further elongate the problem. He stated that he could not, in good conscience, approve the project as proposed. Commissioner Larson indicated agreement with Commissioner Schick, relating that prior mistakes are no excuse for the perpetuation of a hazardous condition. He believes that the Commission should be cautious in dealing with projects along Elm, due to the negative impacts of traffic and pedestrian circulation in the area. He would be hard pressed to make the necessary findings for approval of the project. Commissioner Rombotis expressed concurrence with the opinion that the project as submitted is not salvageable. Chairman L'Heureux stated that the Commission had given the applicant every opportunity to rectify some of the problems presented by staff. He is not in favor of a project which would only serve to foster problems caused by previous poor planning along Elm Avenue. A motion was made denying CUP-164, based on the recommendations set forth in the staff report, dated September 12, 1979. MOTION APPROVED MOTION : Schick SECOND : Larson AYES : L'Heureux, Rombotis, Schick, Marcus, Larson NOES : Jose PLANNING COMMISSION /4~~~~~ 'September 12, 1979 Page four (4) Commissioner Jose stated, for the record, that he also did not wish to compound the traffic congestion problem currently experienced along Elm Avenue. - - Chairman L'Heureux advised the applicant that the action of the Planning Commission would be final unless appealed to the City Council. " V. NEW PUBLIC HEARINGS A. V-293, Pazny, request for a reduction in the required side yard setback to zero feet in order to allow roof extension. THE PUBLIC HEARING OPENED AT 7:45 P.M. Bud Plender presented the staff report, recommending denial. Commissioner Rombotis asked if any other discretionary vehicle might be utilized on behalf of this project. Staff responded that due to the type of structure involved, a variance is the only discretionary action applicable. Don Pazny, 2608 Colibri, the applicant, indicated that he understood he should have taken out a building permit prior to construction of the structure, but that now that the structure has been erected, he believes the structure not only enhances the appearance of the property, but also that of the neighborhood. He indicated he would be placing a drain trough along the edge of the roof in order to avert any run-off onto the adjacent property. As to the fire access, he related that the structure is an 8' x 8' archway and should pose no greater access prob- lem than the fence on the other side of the house. He further agreed to remove that 9" portion of the overhang which extends onto his neighbor's property. Mary Lee, 2606 Colibri, neighbor to Mr. Pazny indicated opposition because she does not feel the proposed gutter will be able to hold the run-off from heavy rains. She further stated her belief that the overhang is an infringement against her property rights. She indicated that she would accept Mr. Pazny's offer to remove the 9" overhang onto her property. Betty Lee, 6567 E. Buena Vista, Anaheim, co-owner of 2606 Colibri, asserted that the roof extension was an infringement of her airspace as well as an unlawful nuisance. She asked staff if Mr. Pazny had originally applied for a building permit, if the structure would have been approved as built. Staff replied that the structure would not have been approved. Commissioner Larson indicated that although the structure was quite attractive, the approval of same would set a precident for similar roof extensions in the neighborhood. PLANNING COMMISSION V"UTES ,September 12, 1979 Page five (5) -. r THE PUBLIC HEARING CLOSED AT 7:55 P.M. A motion was made denying V-293, based on the findings as contained in the staff report, dated September 12, 1979. MOTION APPROVED MOTION: Jose SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson Chairman L'Heureux advised the applicant that the decision of the Planning Commission would be final unless appealed to the City Council. B. CUP-166, Turner, Construction of greenhouses in an R-1 zone located on the south side of Tamarack Avenue, between Highland and Adams.- THE PUBLIC HEARING OPENED AT 8:OO P.M. Bud Plender presented the staff report, recommending approval of the project, subject to certain conditions. ," Tom Turner, 3926 Park, the applicant related that the proposed hours of operation would be from 7:OO A.M. through 4:30 P.M., seven days a week, and that he can abide by the recommended conditions of approval as suggested by staff. Commissioner Rombotis asked what types of flowers were to be grown and what the heating arrangements would be. Mr. Turner related that mums would be grown, having a 16 week cycle, and would be harvested weekly. He further indicated that heat would be provided by small fans mounted onto heaters. Drainage would be along the lay of the land and toward the street. Transportation of the cut flowers would be by VW van and the only large equipment frequenting the site would be a fertilizer truck every other month. He further stated that two employees could effectively maintain and harvest the crops. Don Hugon, 3880 Polly, expressed opposition to the proposed project on the basis that it would materially affect the residential character of the neighborhood. He suggested that in the future employees may be increased, and additional commercial traffic generated to the site. Willis Noel, a neighbor, indicated that such a project may be acceptable if the applicant is required to install curb, gutter, streets, proper drainage, and sanitary facilities. Donna Rouit, representing Charles Glen of 1619 Tamarack, indicated opposition to the project due to the fact that questions have not been answered, including night lighting, types of chemicals to be used in fertilization, etc. PLANNING COMMISSION P"'UTES ,September 12, 1979 Page six (6) r r Mr. Turner related that all necessary public facilities would be constructed in accordance with specifications of the Building and Engineering Departments. As to night lighting, none is anticipated at this time, and any that would be installed must be approved by separate application. Commissioner Larson indicated that if night lighting becomes necessary, said lighting could be installed so as not to affect residential areas. He further clarified that if the site is designed and constructed to accomodate the growing of mums, and in order to cultivate any other type of flower or plant, the entire operation would have to be remodeled and revised. Chairman L'Heureux indicated his belief that the intensity of the use would change. He stated that there are few open areas left and he would hate to see this open space developed with large, massive greenhouses. A motion was made denying CUP-166 on the basis that such a use would be conflicting with surrounding residential development. MOTION APPROVED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, NOES : Larson Jose Chairman L'Heureux advised the applicant that this action was final unless the matter was appealed to the City Council. A TEN MINUTE RECESS WAS CALLED AT 8:35 P.M. VI. NEW BUSINESS A. PCD-19, Robinson, to construct a 6'2" fence as permitted in Section 21.48.130. - Bud Plender presented the staff report recommending approval, subject to certain conditions. He referenced a letter from Mr. Goulding, a neighbor, recommending denial of the project. Commissioner Schick indicated that there are fences of that type throughout the neighborhood at this time. A motion was made approving PCD-19 as recommended by staff. MOTION APPROVED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson PLANNING COMMISSION ' WTES September 12, 1979 Page seven (7) c B. CUP-97, Stoney, review for non-conformance with terms of CUP. m. Bud Plender related that Staff is presently reviewing the problems and would be reporting back to the Commission within 90 days. A motion was made directing staff to return to the Planning Commission with a staff report, in approximately 90 days. MOTION APPROVED MOTION: Jose SECOND : Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson C. Public Facilities Fee Committee A motion was made nominating Commissioner Ed Schick to represent the Planning Commission on the City Countil's Public Facilities Fee Committee. MOTION APPROVED MOTION: Rombotis SECOND: Jose AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson VII. APPROVAL OF MINUTES A motion was made approving the minutes of August 22, 1979 as corrected. MOTION APPROVED MOTION: Jose SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Marcus, Jose ABSTAIN: Larson VIII. APPROVAL OF RESOLUTIONS A. Resolution No. 1544, CT 79-1/CP-10, Fries. A motion was made approving Resolution No. 1544 as submitted. MOTION APPROVED MOTION: Jose SECOND: Schick AYES : L'Heureux, Rornbotis, Schick, Marcus, Jose ABSTAIN: Larson PLANNING COMMISSION I-TUTES . I , September 12, 1979 Page eight (8) B. Resolution No. 1545, ZCA-110, R.V. Storage. A motion was made approving Resolution No. 1545 as submitted. MOTION APPROVED MOTION: Jose SECOND : Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose ABSTAIN: Larson C. Resolution No. 1546, ZCA-112, Building Height. A motion was made approving Resolution No. 1546 as submitted. MOTION APPROVED MOTION: Jose SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose ABSTAIN: Larson IX. ADDITIONAL BUSINESS A motion was made directing staff to prepare a Resolution of Appreciation for Chairman L'Heureux and Commissioner Wrench. Dan Hentschke, Assistant City Attorney, briefly explained the Conflict of Interest Code, indicating that such forms would be kept with the City Clerk and would be subject to public review. - X. There being no further business, the meeting adjourned at 9:30 P.M. Respectfully Submit*d, Margar& Sackrider Recording Secretary ATTEST : 1 ,/ Secretary P- TC