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Home My WebLink About1979-10-10; Planning Commission; MinutesPLANNING 1 COMMISSION MINUTES CITY OF CARLSBAD October 10, 1979 Page One (1) NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COIIMISSION I. 11. CALL TO ORDER The meeting was called to order at 7:OO P.M. by Vice- Chairman Schick. ROLL CALL Commissioners present: Vice-chairman Schick, Commissioners Rombotis, Marcus, Jose, Larson Ex Officio Members present: Dan Hentschke, Assistant City Attorney Staff present: Bud Plender, Prinicpal Planner; Richard Allen, Principal City Engineer. The Pledge of Allegiance was led by Vice-chairman Schick. 111. AGENDA ITEM COMMUNICATIONS A. A note, dated September 27, 1979, regarding a possible zone code violation at 3955 Hibiscus Circle.- B. A memorandum from the Redevelopment Coordinator re- garding General Plan Conformity Finding, was C. A memorandum from the Planning Department, CUP-9 staff report on South Coast Asphalt D. A letter, dated October 10, 1979, from Stephen M. L’Heureux, regarding South Coast Asphalt, CUP-9, was distributed.- Commission on the Public Facilities Fees Committee, reported that the committee is currently in the process of studying background information and will be meeting again this next week. E. Vice-chairman Schick, representing the Planning IV. CONTINUED PUBLIC HEARINGS A. ZCA-75, City of Carlsbad, Zone Code Amendment toi”‘’‘? t various chapters of Title 21 of the Carlsbad Municipal Code to revise the zoning regulations of motels/hotels. THE PUBLIC HEARING OPENED AT 7:05 P.M. PLANNING COMMISSIC-MINUTES October 10, 1979 Page Two (2) r ,- a Bud Plender reported that, due to the reduction in staff, and increased workload within the department, coupled with the fact that the Planning Commission has two vacant positions, staff is recornending that this item be tabled. THE PUBLIC HEARING CLOSED AT 7:08 WITH NO PUBLIC TESTIMONY. A motion was made tabling ZCA-75, to be renoticed at a future date. MOTION APPROVED MOTION: Rombotis SECOND: Jose AYES: Schick, Rombotis, Marcus, Jose, Larson B. CUP-167, Stewart, Conditional Use Permit for a "Life Enrichment Center'' (private school) on property generally located southwest of El Camino Real and southeast of Kelly Drive.- Bud Plender announced that the applicant has requested, in a letter dated September 21, 1979, that the application be withdrawn in that it appears that the proposed use is not allowed by Conditional Use Permit on the subject property . A motion was made accepting the applicant's letter of with- drawal and directing that a partial refund of the application fee, as recommended by staff, be made. MOTION APPROVED MOTION : Jose SECOND: Rombotis AYES: Schick, Rombotis, Marcus, Jose, Larson C. CT 79-8/CP-ll, Walton, a tentative map and a condominium permit for an 11 unit project located on the south side of Santa Isabel Street between Alga Road and El Fuerte Street.- THE PUBLIC HEARING OPENED AT 7:12 P.M. Bud Plender presented the staff report recommending approval of the project, subject to certain conditions. Commissioner Jose noted a discrepancy in the number of units requested on the application, and the number re€erenced in staff's report. Staff replied that the density factor of the General Plan mtes that only 11 units be, allowed on the subject property. PLANNING COMMISSI~~YINUTES October 10, 1979 Page Three (3) Commissioner Jose further noted that the conditions of approval make no mention of park in lieu of fees. Commissioner Larson questioned the sufficiency of storage area with the deletion of the workshop. Staff indicated that further revisions had been made to the tract map, and the most recently revised map provides for ample storage. Commissioner Rombotis mentioned that staff's position as to backing out onto a street seems to contradict itself in a later agenda item, wherein staff recommends denial of a project for such backing out. Staff replied that back up space would be sufficient in this application. Vice-chairman Schick asked why the workshop had been re- designated a bedroom. Staff indicated that the Zone and Building Codes make no mention of "workshopsn and therefore, for fee purposes, the room had been termed a bedroom. Dave Walton, 1335 Hotel Circle South, San Diego, the developer of the project indicated his willingness to answer any questions, and further noted that he would not object to the inclusion of a condition regarding park in lieu of fees. THE PUBLIC HEARING CLOSED AT 7:20 WITH NO PUBLIC TESTIMONY. Commissioner Rombotis indicated that the word "will", as referenced in the staff report under Findings, 1. c), should be changed to "may". A motion was made recommending approval of CT 79-8/CP-ll based on the findings of the staff, as corrected, and subject to the terms and conditions thereof, with the addition of Condition #LO to assure that prior to recordation of the final map, park in lieu of fees shall be assessed and paid by the applicant. MOTION APPROVED MOTION: Larson SECOND: Jose AYES : Schick, Rombotis, Marcus, Jose, Larson r PLANNING COMMISSIOh MINUTES October 10, 1979 Page Four (4) V. NEW PUBLIC HEARINGS A. CT 79-12/CP-16, Malter, 19 unit condominium develop- ment located on the northwest corner of El Fuerte and Luciernaga Streets, La Costa. .. . THE PUBLIC HEARING OPENED AT 7:25 P.M. Bud Plender distributed revised maps and presented the staff report recommending denial of the project as well as both plans as submitted. Commissioner Jose noted an error in the location of the project as described in the staff report. Frank J. Malter, 2023 Meadowlark Circle, San Marcos, the applicant, introduced his daughter and wife and indicated willingness to cooperate with staff and the Commission in whatever steps are necessary to allow construction of the project. He explained that the project has been in the planning stages for over two years and due to the various delays and the sewer moratorium, financing is becoming more and more difficult to obtain. He noted that in order to be cost effective, the project must retain the 11 units requested. The Commission suggested various methods of development to alleviate parking and egress problems cited by staff which the applicant indicated a willingness to investigate further. A motion was made continuing the public hearing to October 24, 1979 to allow further staff and applicant resolution of the parking and other problems indicated. MOTION APPROVED MOTION: Jose SECOND: Larson AYES : Schick, Rombotis, Marcus, Jose, Larson B. CT 79-10/CP-14, Hsiu, five unit condominium development located on the north side of Navara Drive, La Costa.- THE PUBLIC HEARING OPENED AT 8:OO P.M. Bud Plender indicated that this project is essentially the same project as referenced by CT 79-ll/CP-13 (the next agenda item) and therefore the staff reports would be given concurrently. Staff is recommending approval of the project subject to conditions of approval as referenced in the staff report dated October 10, 1979. PLANNING COMMISSIOLU MINUTES October 10, 1979 Page Five (5) Commissioner Jose noted that at one point in the staff report it is noted that 12 sewer permits have been allocated for the project, yet the findings indicate that the Planning Comnission finds that sewer service is not available. Staff indicated that they would resolve this discrepancy. Mike Bin ham, 8963 Complex, Suite A, San Diego, representing et, asked Commission indulgence in allowing the revised plan to be changed to reflect that standard barbeques will be substituted for gas barbecues in the recreation area. As to sewer availability, Mr. Bingham indicated his opinion that sewer is now available, and could be provided immediately upon the completion of certain requirements imposed by the sewer agency. Vice-chairman Schick asked if the standard size garages would afiord sufficcent for access to autos and storage. Mr. Bin ham answered that the Engineering Department had GZZd%iE applicant that there were no problems with the back-up and turning radius or with space within the carport area. THE PUBLIC HEARING CLOSED AT 8:12 WITH NO PUBLIC TESTIMONY. A motion was made recommending approval of CT 79-10/CP-14 based on the findings and subject to the conditions as contained in the staff report dated October 10, 1979, and with the notation that the map may be changed to reflect standard rather than gas barbeques. MOTION APPROVED MOTION : Lars on SECOND : Jose AYES: Schick, Rombotis, Marcus, Jose, Larson Commissioner Rombotis noted that this project was one of the best the Commission has seen for quite awhile. B. CT 79-ll/CP-13, Hsiu, five unit condominium develop- ment on the north side of La Costa Avenue - THE PUBLIC HEARING OPENED AT 8:15 P.M. Bud Plender reminded the Commission that the staff report Tor this project had been given concurrently with that of CT 79-10/CP-14. THE PUBLIC HEARING CLOSED AT 8:17 P.M. WITH NO PUBLIC TESTIMONY. PLANNING COMMISSIC- MINUTES October 10, 1979 Page Six (6) A motion was made recommending approval of CT 79-ll/CP-13 based on the findings and subject to the conditions as contained in the staff report dated October 10, 1979, and with the notation that the map may be changed to reflect standard rather than gas barbeques. MOTION APPROVED MOTION: Jose SECOND : Rombotis AYES : Schick, Rombotis, Marcus, Jose, Larson A TEN MINUTE RECESS WAS CALLED AT 8:20 P.M. The meeting was called to order at 8:30 P.M. D. ZCA-114, City of Carlsbad, Zone Code Amendment to Chapter 21.42, Section OlO(5) to allow drive thru facilities within the City of Car1sbad.m THE PUBLIC HEARING WAS OPENED AT 8:31 P.M. Bud Plender presented the staff report recommending that the item be forwarded for approval by the City Council. THE PUBLIC HEARING CLOSED AT 8:32 WITH NO PUBLIC TESTIMONY. A motion was made recommending approval of ZCA-114, amending Chapter 21.42, Section OlO(5) as follows: "(N) Drive-thru businesses or drive through facilities to existing businesses . . . . (1 MOTION APPROVED MOTION: Jose SECOND : Marcus AYES: Schick, Rombotis, Marcus, Jose, Larson E. ZCA-117, City of Carlsbad, amendment of moratorium to allow processing for projects to be served by satellite sewage treatment facilities. - THE PUBLIC HEARING OPENED AT 8:33 P.M. Bud Plender presented the staff report, recommending approval. Commissioner Rombotis asked how the appropriate findings was to be made by the City Council, especially on those items which were not forwarded to the Council unless appealed. .- The Assistant City Attorney indicated that the condition would not become operable until such time as the City Council determines that sewer is available, although all other conditions imposed by the Planning Commission would become effective immediately. The Council would merely be implimenting a finding made by the Planning Commission. PLANNING COMMISSION MINUTES October 10, 1979 Page Seven (7) Roy Ward, 1207 Elm Avenue, indicated agreement with the proposed amendment which, he believes, will be a tool to implement future planning. THE PUBLIC HEARING CLOSED AT 8:28 WITH NO FURTHER PUBLIC TESTIMONY. A motion was made recommending approval of ZCA-117 as per Exhibit A, dated 9/7/79, attached hereto and made a part hereof. MOTION APPROVED MOTION: Jose SECOND: Marcus AYES : Schick, Rombotis, Marcus, Jose, Larson VI. NEW BUSINESS A. V-290, Zipser, variance for the reduction of parking requred in the condominium regulations on property generally located on Ocean Street, north of Pacific Avenue. Bud Plender presented the staff report, recommending approval. Commissioner Jose stated for the record that he had been absent from the public hearing at which the subject application had been discussed, although he felt familiar with the area and proposed project. He indicated he would be abstain- ing from the vote unless his vote was absolutely necessary. A motion was made forwarding the following condition of approval to the City Council for inclusion into their approving resolution: "The applicant shall enter into agreement with the City insuring participation in a parking district if in the future such district is formed in this area I' . MOTION APPROVED MOTION: Rombotis SECOND : Lar son AYES : Schick, Rombotis, Marcus, Larson ABSTAIN : Jose PLANNING COMMISSIC- MINUTES October 10, 1979 Page eight (8) Bud Plender referenced the memo from the Redevelopment Coordinator and indicated that no action need be taken on this item. C. CUP-9, South Coast Asphalt, review of noise nuisance at South Coast Asphalt.- Bud Plender presented the staff report, and the letter from the attorney representing South Coast Asphalt was distributed. Commissioner Jose recalled that by previous agreement, hours of plant operation were to cease at 7:OO P.M., but that due to a strike at the palnt and a subsequent back-log of orders, South Coast Asphalt had been operating to 9:00 P.M. in order to catch up on said orders. It now appears that the plant has continued to work past the specified 7:OO P.M. closing time. $mentioned that if the Commission wished to modify the hours of operation of the plant a public hearing would have to be held with evidence presented in- dicating that a nuisance exists at the site. If the Com- mission found that a nuisance existed, it coudl then modify, alter or revoke the Conditional Use Permit in order to eliminate or mitigate such nuisance. Mr. George Held, of Costa Serena #1, testified that any noise readings taken by staff at the highway would be less than those taken on North Way or Vista Way. He realizes the importance of the plant operation, but stresses that Costa Serena is inhabited by senior citizens, for the most part, who would deeply appreciate that normal quitting time of 7:OO P.M. be observed. Commissioner Larson mirrored Commissioner Rombotis' statement that although the plant was operating prior to much of the residential development in the area, the citizens should be afforded some consideration. He noted that the plant has assured us in the past that they would adhere to reasonable business hours, and obviously has not kept their word. A motion was made accepting the staff report, dated October 10, 1979, CUP-9, South Coast Asphalt, as submitted. MOTION APPROVED MOTION: Rombotis SECOND : Marcus AYES: Schick, Rombotis, Marcus, Jose, Larson PLANNING COMMISSION MINUTES October 10, 1979 Page Nine (9) A motion was made directing staff to contact South Coast Asphalt to determine reasonable hours of operation, and report their findings back to the Planning Commission. MOTION APPROVED MOTION: Rombotis SECOND : Larson AYES : Schick, Rombotis, Marcus, Jose, Larson D. CUP-l24(D), Crisman, review of Montessori School at 740 Pine Avenue. Bud Plender presented the staff report. Commissioner Jose remarked that this application has been returned to the Commisson on several occasions for non- compliance. He noted that there seems to be an inequality in that the applicant seems to be afforded preferential treatment on occasion, although he continues to abuse the terms and conditions of his application. A motion was made to accepting the staff report as submitted. MOTION APPROVED MOTION: Rombotis SECOND : Larson AYES : Schick, Rombotis, Marcus, Jose, Larson The Assistant City Attorney reported on the City properties affected by the new Conflict of Interest Statement. Commissioner Rombotis noted that he would appreciate a clean copy delineating said jurisdictions more specifically. VII. APPROVAL OF MINUTES A motion was made approving the minutes of September 12, 1979, as submitted. MOTION APPROVED MOTION: Jose SECOND: Larson AYES : Schick, Rombotis, Marcus, Jose, Larson VIII. APPROVAL OF RESOLUTIONS r PLANNING COMMISSIC”MINUTES October 10, 1979 Page Ten (10) IX A. Resolution No. 1547. CUP-164. Kentucky Fried Chicken A motion was made approving Resolution No. 1547 as submitted. MOTION APPROVED MOTION: Rombotis SECOND : Marcus AYES: Schick, Rombotis, Marcus, Larson NOES : Jose B. Resolution No. 1548, V-293, Pazny A motion was made approving Resolution No. 1548 as submitted. MOTION APPROVED MOTION : Marcus SECOND: Rombotis AYES : Schick, Rombotis, Marcus, Jose, Larson C. Resolution No. 1549, CUP-166, Turner A motion was made approving Resolution No. 1549 as submitted. MOTION APPROVED MOTION : Jose SECOND : Marcus AYES: Schick, Rombotis, Marcus, Jose, Larson D. Resolution No. 1550, PCD-19, Robinson A motion was made approving Resolution No. 1550 as submitted. MOTION APPROVED MOTION: Rombotis SECOND : Marcus AYES: Schick, Rombotis, Marcus, Jose, Larson OTHER BUSINESS A motion was made appointing Edwin S. Schick, Jr. as Chairman of the Carlsbad Planning Commission. MOTION APPROVED MOTION: Rombotis SECOND: Marcus AYES: Schick, Rombotis, Marcus, Jose, Larson A motion was made appointing Mary Marcus as Vice-chairman of the Carlsbad Planning Commission. MOTION APPROVED MOTION : Schick SECOND: Rombotis AYES : Schick, Rombotis, Marcus, Jose, Larson PLANNING COMMISSION MINUTES October 10, 1979 Page Eleven (11) Commissioner Larson asked that staff look into the Conditional Use Permit of the San Diego County Palomar Transfer Site to ascertain the types of trash collected at that site. Commissioner Schick noted that the traffic situation in the downtown redevelopment area is becoming increasingly dangerous for pedestrians and asked that staff review the circulation pattern. He further noted that the City should monitor more effectively the closing of lanes for construc- tion purposes. X. There being no further business the meeting adjourned at 9:45 P.M. Respectfully Submitpd, Margakt Sackrider Recording Secretary ATTEST : ..d