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HomeMy WebLinkAbout1979-11-28; Planning Commission; MinutesPLANNING COMMISSION M: ITES CITY OF CARLSBAD November 28, 1979 Page One (1) - NOT FICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION I. CALL TO ORDER The meeting was called to order at 7:OO P.M. by Chairman Schick. 11. ROLL CALL Commissioners present: Chairman Schick, Commissioners Rombotis, Jose, Leeds, Marcus, Friestedt, Larson Ex Officio members present: Dan Hentschke, Assistant City Attorney. Staff present: Bud Plender, Principal Planner; Les Evans, City Engineer; Richard Allen, Principal City Engineer; Jack Henthorn, Redevelopment Coordinator. The pledge of allegiance was led by Chairman Schick. 111. AGENDA ITEM COMMUNICATIONS Mr. Plender noted that the EIR for the San Marcos County Water District wastewater sewage treatment plant had been distributed in order that the Commissioners would have an extra week for review as the item is scheduled for public hearing on December 12, 1979. IV. CONTINUED PUBLIC HEARINGS A. CT 79-12/CP-16, Malter, 18 unit condominium development located on the northwest corner of El Fuerte and Luciernaga Streets, La Costa. THE CONTINUED PUBLIC HEARING OPENED AT 7:05 P.M. Bud Plender presented the staff report, recommending approval of the project, subject to certain conditions. Staff also suggested that condition #13 be revised to reflect that the refuse container shall be relocated adjacent to the carports. Mr. Plender also informed all present that the "secured agreement" forms for the implementation of the public facilities fee (as required by City Council Policy No. 17) will be available in the City Engineer's office as of November 29, 1979. Mr. Plalter, the applicant, expressed agreement with the staff reports and the terms and conditions thereof. THE PUBLIC HEARING CLOSED AT 7:15 P.M. WITH NO FURTHER PUBLIC TESTIMONY. I PLANNING COJ!4DlISSION MI 'TES November 28, 1979 Page Two (2) A motion was made recommending approval of CT 79-12/CP-16 under the terms and conditions as outlined in the Staff Report dated November 28, 1979, and with the recommended change to condition #13 regarding the relocation of the refuse container. MOTION APPROVED MOTION: Jose SECOND: Rombotis AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson V. NEW PUBLIC HEARINGS A. CT 75-9(A), Santa Fe Knolls, revision to an existing tentative may: to provide for phasing for a 211 lot subdivision located south of La Costa Avenue and east of Rancho Santa Fe. THE PUBLIC HEARING OPENED AT 7 : 18 P .PI. Bud Plender presented the staff report recommending approval of the project, subject to certain conditions in addition to those terms and conditions of CT 75-9. - Commissioner Larson asked if staff felt that the proposed "security agreement" would take care of the apparently haphazard fashion of phasing. Staff indicated that public facilities will be installed and working as the project develops. The secured agreement will ensure that payment of the public facilities fees will be made at the time of the issuance of building permits for each phase. Chairman Schick asked about the completion of drainage requirements. Staff responded that the drainage system is taken into consider- ation by the City Engineer upon final map approval. If certain off-site improvements are required at that time the City Engineer will require same prior to final approval of the project. Fred Morey, of La Costa Land Company, the applicant, indicated that he had no specific objections to the conditions as proposed. Bob Ladwig, of Rick Engineering, representing the applicant, related that during the preparation and processing of the original tentative nap (CT 75-9) by the County Flood Control District and the City of Carlsbad, a sera-rate plan for interim drainage during construction had been drawn, and had been - approved by the City Engineer at that time. He suggested that this project poses no unusual problems for the City as far as erosion or desiltation is concerned. PLANNING COMMISSION I!,! JTES - November 28, 1979 Page Three (3) Mr. Ladwiq further indicated that there would be a berm along the top bank of the lots, with water draining away from the berm. He expects construction will begin in the spring, after the rainy season. THE PUBLIC HEARING CLOSED AT 7:30 P.M. WITH NO FURTHER TESTIMONY. A motion was made recommending approval of CT 75-9(A) under the terms and conditions as outlined in the Staff Report dated November 28, 1979. MOTION APPROVED MOTION: Friestedt SECOND : Larson AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson B. CT 79-19/CP-22, Bodjanac, tentative map and condominium permit for the conversion of eight units located on the northeast corner of Gibralter and La Costa Avenue. THE PUBLIC HEARING OPENED AT 7:35 P.M. - Bud Plender presented the staff report recommending approval of the project, subject to certain conditions. He noted several corrections to the staff report, dated November 28, 1979, including finding #3 (B) should be altered to indicate that no school fees are necessary; an additional finding should be added indicating that tenants shall be given adequate notice as per Section 21.47.160(1) and (2) as required by conditions of approval; condition $14 shall be deleted; and conditions shall be added relating to written notice of intention to convert, evidence that all tenants have been given notice of an exclusive right to contract for the purchase of their respective units, and the relocation of the trash container. Commissioner Friestedt asked if the applicant had provided 20' driveway and 10' setbacks from the second story. Staff indicated that the City Council had 1) found that the 10' required setback did not apply to second stories, and 2) had requested that staff initiate a zone code amendment to clarify this point. Commissioner Rombotis asked when the public facilities fee would be paid, since this project will not need building permits. Staff indicated that in the case of minor changes the public permit may be occasioned for the trash container and the fee would be assessed at that time. - facilities fee would be very small. In this instance a building PLANNING COMMISSION MINUTES November 28, 1979 Page Four (4) Chairman Schick asked if the parking spaces provided on Gibralter afforded sufficient fire access, hydrants, etc. Staff related that the space was sufficient to allow four parking spaces. Mr. Bodjanac, the applicant, 7578 Gibralter, indicated that he had built the units as apartments with the full intent to convert to condominiums as soon as possible. He noted concurrence with the terms and conditions of the staff report. THE PUBLIC HEARING CLOSED AT 7:45 P.M. WITH NO PUBLIC TESTIMONY. A motion was made recommending approval of CT 79-19/CP-22 as per the findings and conditions as outlined in the staff report, and with the following changes and modifications: Finding #3(b) shall be revised to read: "School facilities are currently servicing this proposed conversion and school fees are not required on conversions for which an application for building permit had been accepted prior to September 5, 1978. The building permit for this project was issued on September 20, 1977. Therefore this conversion is exempt from the school fee c requirement. 'I Finding #5 shall be added: "The tenants shall be given adequate notice as per Section 21.47 260 (1) and (2) as required by conditions of approval. 'I Condition #4 shall be deleted. (requiring school fees) A condition shall be added: 'Prior to approval of the final map, the applicant shall provide evidence that all tenants have been given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion." A condition shall be added: "Prior to approval of the final map, the applicant shall provide evidence that all tenants have been given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 60 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intent- ion not to exercise the right." PLANNING COMMISSION M: TTES November 28, 1979 Page Five (5) A condition shall be added: "The trash container shall be enclosed by a 6 foot masonry wall and a metal framed solid gate. 'I MOTION APPROVED MOTION: Rombotis SECOND : Jose AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson C. i, ten unit condominium conversion between Alga and Unicornia, La Costa. THE PUBLIC HEARING OPENED AT 7:48 P.M. Bud Plender presented the staff report recommending approval of the project, subject to certain conditions, and based on the City Council decision of 11/22/79 as to setback requirements for second story units. Chairman Schick related that he had attended the November 22 City Council meeting and understood the Council to have forwarded the matter of the 10' setback back to the Planning Commission for further review and decision. In the meantime the ordinance, as drafted, stands. The Assistant City Attorney stated that the ordinance, as drafted, is the law until such time as it is amended. He indicated that the City Council interpretation of November 22, 1979, that the 10' setback requirement did not apply to second story units, should be given some weight in decision making processes. Rick Pearson, 9471 Rich Haven Court, San Diego, indicated general agreement with the staff report except: Condition #8 indicates the public facilities fee shall be paid prior to the issuance of building permits, and that event has already happened. He went on to express general disagreement with staff's condition iil.2. Staff explained that the public facilities fee would be paid prior to final map approval, as per the decision of the City Manager. Iie went on to indicate that the main concern of staff is that 480 cubic of enclosed storage space be provided. THE PUBLIC HEARING CLOSED AT 8:05 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Larson related that in light of the recent denials of applications due to the 10' setback requirement, he would be unable to vote favorably for this project, based on the City Council interpretation alone. - PLANNING COMMISSION MI JTES October 28, 1979 Page Six (6) A Commissioner Jose indicated his belief that the Planning Commission is not legally obligated to make findings for approval for such a project until such time as the code has been amended to reflect City Council policy. The Assistant City Attorney reminded the Commission that they should decide each application on its own merits and by application of the appropriate law. The Attorney indicated that the City Council, as the City's legislative body, has apparently made a policy decision interpreting the setback requirements as they apply to second story units. This inter- pretation should be considered by the Commission, but they are not necessarily governed by it until the code is amended. The Commission was informed, however, that the Commission, should they recommend denial based solely on the setback violation, should also forward conditions of approval because of the apparent inclination of Council to approve quality projects despite certain setbacks problems. This would avoid unnecessary delays. A motion was made recommending approval of CT 79-21/CP-24 based on the 11/22/79 findings of the City Council, subject to the conditions as outlined in the staff report, dated November 28, 1979, and with condition #11 being modified to the Planning Director. - indicate that the storage area shall meet with the approval of MOTION APPROVED MOTION: Larson SECOND : Rombotis AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson Commissioner Marcus asked if school fees had been paid on the project. Staff replied that there is no evidence that school fees have been paid to date. D. V-297, Jerez Company, variance from Section 21.47.130 (1) (B) to reduce the required building setbacks on the west side of Jerez Court, north of Gibraltar. THE PUBLIC HEARING OPENED AT 8:20 P.M. Bud Plender presented the staff report recommending denial of the project based on design. Commissioner Freistedt asked if the applicant had previously been appraised of the unfavorable position of staff. - Staff replied that the applicant had been so informed and wished to proceed with this design. PLANNING COMMISSION MLhTUTES November 28, 1979 Page Seven (7) - Fred Hildebrand, 1382 Peacock Blvd., Oceanside, the applicant, explained that the application has been in the process of review with the City for over 1 year. He indicated general disagreement with the staff report, but stressed that he would be more than willing to meet with staff to resolve any differences. Commissioner Iiombotis asked why the visitor parking space was enclosed in a garage. Mr. Hildebrand indicated that this was merely for aesthetic value and that he would be happy to remove the garage door. He once again urged continuance of the matter to allow further work with staff. William Henneberg, representing condominium owners across the street from the project, indicated apprehension over projects of this nature. He referenced a particularly offensive project in the immediate area, and stressed that adjacent property owners do not wish another such development in the neighborhood. He asked if the density of the project was appropriate for property of that size. THE PUBLIC HEARING CLOSED AT 8:42 WITH NO FURTHER TESTIMONY Staff clarified their adverse position by explaining that previously the applicant had been dealing with the Building Department and that the Building Department is not particularly concerned with site and layout, but deals only with structural aspects of a project. Iie pointed out that the General Plan allows a density of 20 units per acre and this project is 13.6 units per acre, well belcw the maximum allowed. Commissioner Larson indicated that he did not feel that there were any exceptional or extraordinary circumstances to warrant a variake on- this project. In that- the variance cannot be approved, the CT should also be denied, or continued for reworking. A motion was made denying Variance 297 for those reasons as set forth in the staff report. MOTION APPROVED MOTION: Jose SECOND: Rombotis AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson E. CT 79-17/CP-20, 358 Jerez Company, tentative map and condoninium permit for a five unit project on jerez Court, north of Gibraltar. THE PUBLIC HEARING OPENED AT 8:45 F.M. PLANNING COPIMISSION M JTES November 28, 1979 Page Eight (8) - - Bud Plender, referenced the previous staff report, stating that since this was the same property, the staff reports had been given concurrently. Commissioner Larson indicated that he believes there should be more staff-applicant work on 1) required setbacks, 2) code specifications for the trash enclosure, and 3) the visitor parking space (with the garage door). The applicant was asked if he concurred with the continuance of the public hearing until January, 1980. The applicant expressed agreement. THE PUBLIC HEARING WAS CONTINUED AT 8:55 P.M. TO THE MEETING OF JANUARY 9, 1980. Commissioner Jose announced that he would not be in attendance at the January 9th meeting. A motion was made continuing CT 79-17/CP-20 to the first regular meeting in January to allow further staff-applicant review of the project. MOTION APPROVED MOTION: Rombotis SECOND: Friestedt AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson A TEN MINUTE RECESS WAS CALLED AT 9:OO P.M. F. V-295, Easterbrooks, variance to reduce required front and side yard setbacks on property located on the west side of Ocean Street, between Beech Avenue and Del Mar Avenue. THE PUBLIC HEARING OPENED AT 9:lO P.M. Bud Plender presented the staff report recommending that the applicant's request for a 2.5 foot front yard setback be denied, and a request for a variance reducing the side yard setbacks to 3 feet be approved, subject to certain conditions. Staff bases their recommended denial of the front yard setback on the fact that such an approval would allow the structure to extend into the future right of way of Ocean Street. Commissioner Marcus pointed out that in the case of short driveways, conditions must be imposed requiring garage door openers and the garage door opening into the garage. PLANNING COMMISSION MIUUTES November 28, 1979 Page Nine (9) John Helm, the applicant, indicated agreement with the staff report but noted that since the Coastal Commission required that the string line setback be applied between adjoining properties, the size of the lot was drastically reduced. He notes that this project is typical of past development in the area. He pointed out that the property is zoned as R-3, and the applicant proposes a single family residence, replacing the existing residence on the property. Dave Easterbrooks, the owner of the property, stated he had no problem with the 5' dedication for the widening of Ocean in the future. Ile stressed that due to the stringline requirement he has to conform to older buildings on both sides, and therefore requires a setback 20' to 30' more than usual. He went on to say that in his purchase of the property he entered into a sub- ordinated loan, and believes that any request of the lienholder to dedicate additional property to the City may place his loan in jeopardy. - Commissioner Rombotis suggested that the applicant ask the lienholder for a full reconveyance for the full 5'. It was suggested that the applicant contact a private attorney for advice and possible wording of the condition requiring the 5' dedication. - THE PUBLIC HEARING WAS CONTINUED AT 9:45 P.M. WITH NO PUBLIC TESTIMONY. A motion was made, with the concurrence of the applicant, continuing V-295 to December 12, 1979 to afford the applicant time to meet with his attorney and report back to the Planning Commission and staff. MOTION APPROVED MOTION: Jose SECOND: Friestedt AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson VI. NEW BUSINESS A. Waterline Improvement - General Plah Consistency Les Evans introduced Planning Commission Resolution No. 1568. A motion was made approving Planning Commisson Resolution No. 1568, finding General Plan consistency for two public works projects in the City of Carlsbad. MOTION APPROVED MOTION : Jose SECOND: Rombotis AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson L PLANNING COMMISSION MLilTES November 28, 1979 Page Ten (10) E. Redevelopment Plan - General Plan Conformity Commissioners Rombotis and Larson indicated that due to a possible conflict of interest they would not be participating in the next agenda item and left the podium. Jack Henthorn, Redevelopment Coordinator, presented the staff report and introduced Planning Commission Resolution No. 1569, reporting on the Carlsbad Village Area Redevelop- ment Project Plan and recommending that the City Council and Redevelopment Agency approve and adopt said Plan. A motion was made approving Planning Commission Resolution No. 1569, as submitted. MOTION APPROVED MOTION: Jose SECOND: Friestedt AYES: Schick, Jose, Leeds, Marcus, Friestedt NOES: None ABSTAIN: Larson, Rombotis C. PUD-8, Broadmoor Homes, proposed elevation modifications - to previously approved 130 unit Planned Unit Development located within Hosp Grove. Commissioner Rombotis that he would not be participating in this item due to a conflict of interest. Bud Plender presented the staff report recommending approval. A minute motion was made approving the proposed elevation modifications, dated November 16, 1979, and finding them to be substantially in conformance with the elevations originally approved for PUD-8. MOTION APPROVED MOTION: Jose SECOND: Larson AYES: Schick, Jose, Leeds, Marcus, Friestedt, Larson NOES : None ABSTAIN: Rombotis D. December 26, 1979 Planning Commission Meeting Attendance and the agenda for the December 26, 1979 meeting were discussed. A motion was made cancelling the December 26, 1979 Planning 9th, 1980 agenda. - Commission meeting, and moving those agenda items to the January PLANNING COMMISSION MINUTES November 28, 1979 Page Eleven (11) MOTION APPROVED MOTION: Jose SECOND: Larson AYES : Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson VII. APPROVAL OF MINUTES A motion was made approving the minutes of November 14, 1979 as corrected. MOTION APPROVED MOTION: Rombotis SECOND : Marcus AYES: Schick, Rombotis, Jose, Yarcus, Friestedt, Larson ABSTAIN: Leeds VIII. APPROVAL OF RESOLUTIONS A. Resolution No. 1561, EIR-567, Village Redevelopment Plan. A motion was made approving Resolution No. 1561 as corrected. MOTION APPROVED MOTION: Marcus SECOND: Friestedt AYES: Schick, Jose, Marcus, Friestedt ABSTAIN: Rombotis, Leeds, Larson B. Resolution No. 1562, CT 79-16/CP-9, Malter. A motion was made approving Resolution No. 1562 as submitted. MOTION APPROVED MOTION : Marcus SECOND: Rombotis AYES : Schick, P.ombotis, Jose, Marcus, Friestedt, Larson ABSTAIN: Leeds C. Resolution No. 1563, CT 79-18/CP-21, Meyer. A motion was made approving Resolution No. 1563 as submitted. MOTION APPROVED MOTION: Marcus SECOND: Rombotis AYES: Schick, Rombotis, Jose, Marcus, Friestedt, Larson ABSTAIN: Leeds PLANNING COMMISSION MIWJTES November 28, 1979 Page Twelve (12) D. Resolution No. 1564, SP 38-B/PUD-7(A), La Costa Land. - A motion was made approving Resolution No. 1564 as submitted. MOTION APPROVED MOTION : Jose SECOND : Larson AYES: Schick, Rombotis, Jose, Marcus, Friestedt, Larson ABSTAIN: Leeds E. Resolution No. 1565, ZC-206, La Costa Land. A motion was made approving 2esolution No. 1565 as submitted. MOTION APPROI’ED MOTION : Marcus SECOND: Friestedt AYES: Schick, Rombotis, Jose, Marcus, Friestedt, Larson ABSTAIN: Leeds F. Resolution No. 1566, SDP 75-9, Ragley. A motion was made approving Resolution No. 1566 as corrected. MOTION APPROVED MOTION : Marcus SECOND: Friestedt AYES: Schick, Rombotis, Jose, Marcus, Friestedt, Larson ABSTAIN: Leeds G. Resolution No. 1567, MP-l49(D), La Costa Land. A motion was made approving Resolution No. 1567 as submitted. MOTION APPROVED MOTION : Jose SECOND: Marcus AYES: Schick, Rombotis, Jose, Marcus, Friestedt, LarSOn ABSTAIN: Leeds The Planning Commission Christmas Party was discussed and it was tentatively set for Friday, December 14, 1979 at the home of Jerry Rombotis. IX. There being no further business the meetincj adjourned at 10:30 P.M. Respectfully Submitted, Margaret Sackrider - Recording Secretary ATTEST : ,/’James C. Hagaman , Secretary