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HomeMy WebLinkAbout1980-01-09; Planning Commission; MinutesPLANNING COMMISSION MINUTES CITY OF CARLSBAD January 9, 1980 I. CALL TO ORDER NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION The meeting was called to order at 7:00 P.M. by Chairman Schick. ROLL CALL Commissioners present: Chairman Schick, Commissioners Rombotis, Leeds, Marcus, Larson. Commissioners absent: Friestedt, Jose Ex Officio members present: Dan Hentschke, Assistant City Attorney. Staff present: Bud Plender, Principal Planner; Les Evans, City Engineer; Richard Allen, Principal City Engineer; Brian Milich, Assistant Planner; Bill Hofman, Assistant Planner; Karen Lee, Assistant Planner. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Chairman Schick. II. AGENDA ITEM COMMUNICATIONS Mr . Plender requested that item C under Continued Public Hearings (CT 79-23/CP-32), Kupfer, be taken out of order because a request for continuance to the January 23, 1980 . meeting would be presented. Chairman Schick noted the County's presentation relative to solar energy and inquired whether or not staff was ready for a presentation on the subject, advising staff that he was most anxious to have further information on the subject. III. CONTINUED PUBLIC HEARINGS A. CT 79-23/CP-32, Kupfer, 18 unit condominium develop- ment on Altlsma Way, La Costa. Staff Report: Bud Plender presented the staff report, and stated that the applicant had made major changes to the application which resulted in not being able to have the plans finalized. A request was made that the project be continued to the February 13,198O calendar. -., . - Motion: A motion was made recommending continuance of79-23/CP-32 to the February 13, 1980 calendar. MOTION: Rombotis SECOND: Marcus AYES: Rombotis, Marcus, Leeds, Larson, Schick NOES: None B. 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. Staff report: Bud Plender presented the staff report. The applrcation was submitted as a tentative subdivision map and condominium permit for five units and a variance to reduce the setback from the driveway from 10' to 5' for the two front units. Staff recommended DENIAL of the variance, but continuance of the condo permit in order for the applicant to redesign to meet the Code. Staff feels the plans could be modified so that a variance would not be needed. The applicant has made some changes to the plans and this action is a renotic- ing of the action to permit the Planning Commission to review the new plan. Applicant Presentation: Bob Wilkinson, P. 0. Box 4252, Whittier, California, representing 338 Jerez Company. Mr. Wilkinson stated to the Commission some of the alterna- tives that had been considered by the builder but stated they apparently could not overcome the obstacles relative to a variance; they are therefore content to have the Planning Commission issue a denial of the variance, which he could then appeal to the City Council, provided the Commission would see fit to forward the request for a tentative map and condominium permit to Council. Motion: A motion was made to deny V-297. MOTION: Rombotis SECOND: Marcus AYES: Rombotis, Marcus, Leeds, Larson, Schick C. CT 79-17/CP-20, 358 Jerez Company Applicant Presentation: Bob Wilkinson, representing 338 Jerez Court, presented additional information to the Commission adding that the project was started over two years ago, that the applicant has full building plans and is trying to adapt to the new Condominium Ordinance intro- duced after the plans were started. He stated that the plans P.C. Minutes l/9/80 Page 2 - had been returned by the Building Department for correc- tions and that these corrections had been made. He feels that once the corrections and alterations were made, the project then conformed to the intent of the Code except for one area. He stated that the quality of design and development is above that in the area; he feels that the approach to parking is unusual but enhances the area. He further commented on the objections in the staff report which stated that the project did not meet the design criteria of the Condominium Ordinance and stated that most of the objections were subject to interpretation. Mr. Wilkinson requested approval of the tentative sub- division map and condominium permit subject to affirmative action by the City Council on the variance appeal. Planning Commission Discussion: Chairman Schick inquired whether or not it was possible for the Commission to grant such approval based on affirma- tive action by the City Council on the variance appeal. Mr. Hentschke instructed the Commission that they were wlthln their authority to do so. Planning Commission Action: A motion was made directing staff to prepare documents approving CT 79-17/CP-20, subject to affirmative action by the City Council on the variance request and return to Commission at appropriate time. MOTION: Rombotis SECOND: Marcus AYES: Rombotis, Marcus, Leeds, Schick, Larson Mr. Hentschke then instructed the applicant that his time of appeal would run from the time of the final action of the Commission and not from this motion. D. CT 79-24/CP-33, Cook, Tentative Map and Condominium Permit for the conversion of 40 existing apartments into condo- miniums located on the northwest corner of Tamarack and Jefferson Streets. i;aiiti;po;t: Bud Plender presented the staff report. t at the Planning Commission had continued the matter so the applicant could prepare new plans to resolve the Planning Commission concerns. The applicant did submit new plans, however staff feels they are inferior to the original plan. He therefore requested that if the Plan- ning Commission were to approve the application, that P.C. Minutes l/9/80 Page 3 they do so based on the plans of 11/27/79. Added conditions were presented to the Commission and made a part of the staff report. General questions were then asked of the staff by the Commission relative to the conditions of the staff report. Applicant presentation: John Stanley, Attorney, 7682 El Camino Real, Suite 204, Carlsbad, California. Mr. Stanley agreed that the revised plan may not be a practical solution and would require moving the parking, which may in turn require a variance. He stated that the plan would be abandoned and the applicant would return to the original plan. With reference to storage, the applicant would add additional storage above ground. Spaces at the end of the carports would be enclosed with a large door and keys furnished to each tenant. Within this storage, bike racks would be provided. He feels other type storage for outdoor equipment would not be necessary since there is no need for lawn mowers and garden equipment in this type of condominium. He stated that the under- ground storage provided by the plan would meet the condi- tions required by staff and they would be properly ventilated and dehumidified to eliminate the moisture problem. A new landscape plan has been submitted. The refuse areas will be enclosed. Relative to the water meters, he requests one meter per unit because of the cost factor. Public Input: Sherry Sato, Tamarack, Carlsbad, California. Ms. Sato presented the members of the Commission with pictures of the walls of Apartment No. 6, showing mildew problems. She objected to the thinness of the walls of the units (sound problem) and the lack of insula- tion. Mrs. Sato then inquired what the City's obligation was with regard to providing housing for citizens of all economic status, stating she felt the City would be in violation of its obligation to those citizens if the Commission approved this project. Chairman Schick replied that this issue had been addressed at a previous meeting. The questions before this Commission pertain to the Condominium Ordinance and not the displacement of tenants. Ms. Sato informed the Commission that the units should contain individual water meters. She also wished clarification from the Commission about on-street parking, which was answered by Chairman Schick. P.C. Minutes l/9/80 Page 4 Public Input: Arthur Wood, 666 No. 6 Tamarack, Carlsbad California, resident. Mr . Wood introduced a letter to the Commission relative to correcting problems at the complex; he stated that corrections had been promised by the owners but had not been done. Rebuttal: Mr. Stanley stated that the new landscaping plan would eliminate the mildew problem and that bonds would be posted to ensure performance. Planning Commission Discussion: Commissioner Larson asked staff to request City Council to do a survey relative to displaced tenants if all pro- posed condominium conversions were to be approved. He felt there was a problem with storage space in that it is not conveniently accessible to the outside. Commissioner Leeds: Problem with lack of storage; under- ground storage not acceptable. Commissioner Marcus: Feels storage not workable; should be closer to where the people live. Commissioner Rombotis: Storage not useable; does not meet the intent of the Condominium Ordinance. Chairman Schick: Same concern as other Commissioners relative to storage; landscape plan acceptable. Planning Commission Action: A motion was made recommending DENIAL of CT 79-24/CP-33, Cook, based on the finding that convenient and accessible storage is not provided for each proposed condominium unit. MOTION: Rombotis SECOND: Marcus AYES: Rombotisk Marcus, Leeds, Larson, Schick NOES: None IV. NEW PUBLIC HEARINGS A. CP-36, Shapell, 196 unit condominium development (50 units Phase I) on Pirague and Vernado Streets, La Costa. Staff report: Presented by Brian Milich recommending DENIAL of CP-36. Staff's primary objection is that the units are inadequately designed as a condominium develop- ment. The units create an outward appearance of a single- family subdivision, but without the basic amenities of P.C. Minutes l/9/80 Page 5 - either a single-family subdivision or a condo develop- ment. The development seems to be single-family residences on substandard lots. The project should be redesigned to attached, clustered units, permitting a higher density and increasing the area for amenities such as visitor parking and recreation area. Commissioner Rombotis stated he agreed with staff on design problems but does not agree that the density reduction is a problem. He thought staff was creating arguments to deny the plan. Applicant Presentation: V. H. Beights, Shappel Industries, 3272 Rosecranz, San Diego, California. The reason for the design is because of the constraints: a loop street; the grading of the streets is already established; sidewalks are already in and graded; the lots are rough graded, but must be regraded because they slope toward the rear and must be re-graded to drain toward the street. He states this same plan was utilized successfully in another development. He proposed architectural features such as entry walls at the street entrances, colored con- crete into each driveway and landscaping with specimen, drought-resistant plant material. The plan has the approval of the La Costa Committee. Each unit has a two- car garage and more guest parking than required. In addition each unit has its own laundry facility and the trash enclo- sure is screened from view. The bond for the public facilities fee was submitted to Richard Allen, Principal City Engineer. Lot 290 has been reserved for a park and access to San Marcos Creek; this would be improved with the first phase. Planning Commission Discussion Commissioner Rombotis questioned how the Commission could proceed without a landscape plan. The applicant responded that they did not want to go to that expense without approval of the plan. Commissioner Schick feels the project needs recreational area so children are not forced to+lay in the street. Staff responded that they do accept and process building permits without the final landscape plan. Commissioner Rombotis stated that he likes the plan except for the lack of amenities and felt that guest parking could be handled better. ‘, P.C. Minutes l/9/80 Page 6 Commissioner Marcus felt the plan could be more creative. Commissioner Larson felt the density was alright but stated the plan seems to be a single-family development on substandard lots with no trade-offs in amenities; he cannot see it as a condominium project. Commissioner Leeds questioned whether or not there would be a fence between the dwellings. Assistant City Attorney Hentschke stated that was up to the Homeowners Association. Commissioner Rombotis feels the project is salvageable and would like it brought back with some type of amenities. Commissioner Schick asked if staff and the applicant would like a continuance until February 13, 1980; this was agree- able with both staff and the applicant. Planning Commission Action: A motion was made continuing CP-36, Shapell, to February 13, 1980, for revision of the plan to incorporate the Commission's suggestions. MOTION: Rombotis SECOND: Marcus AYES: Rombotis, Marcus, Schick, Leeds, Larson NOES: None B. CT 79-9/CP-15, Hunt, Tentative Subdivision Map and Condo- minium Permit for the conversion of a 172 apartment into a condominium. ,";a:{ ;;p;;t: Presented by Bud Plender recommending DENIAL CP-15, because the project does not meet design criteria of the Code. Staff recommends denial based on the reasons outlined in the staff report. Applicant Presentation: Don Agatep, 2921 Roosevelt, Carlsbad, California. Feels that the public facilities requirement has been met; additionally a bond has been posted; does not see that any other public facilities are necessary. Revised building plans have been submitted. The plans include parking and open recreation areas with open grass areas containing barbecues, picnic areas etc. Slopes are not counted as open space requirements. Units are large enough to provide twelve feet between each bank and unit; storage is provided both on balconies and carports. The parking lot can be redesigned and improved. The Planning Commission was requested to reverse the staff report, incorporating condi- tions of approval, as a condition of approval of the development. P.C. Minutes l/9/80 Page 7 Applicant: Donald Hunt, 17411 Crenshaw Boulevard, Torrance, California. Explained to the Commission that the problem with the bank slope was because a sprinkler had stayed on one night and washed the bank down; that he has had no problem with the banks except this particular occasion. If he had been advised about the sprinkler, he could have had it turned off. He further stated that the property lends itself to a condo conversion. ;;;;;;rI;zut: Linda Lang, 2350 Hosp Way No. 209, Carlsbad Storage problem because of limited size. Patios and recreation areas cannot be expanded. If reduced density for condo development, then space for parking would be reduced. Carlos Jiminez, 2360 Hosp Way, Apartment 209, Carlsbad: Slopes have washed down several times. Problem with parking spaces. There is no place for children to play; the recreation areas are too far from the units. He feels that people living in the units do care about the units. L. Maestes, 2344 Hosp Way, Carlsbad: Stated a main concern was for adequate rentals for families in Carlsbad. Jack Smith, 2382 Hosp Way, No. 108, Carlsbad: a resident of this project for two years. There are problems with both storage space and slides; if these could be straight- ened out he would consider buying a unit. Gary Branzel, 2350 Hosp Way, No. 210A, Carlsbad: Has had his apartment broken into; says even so the locks do not get changed. Poor lighting in parking areas; that nothing gets done. His car has been broken into. The pool heater has been out for over three months. Rebuttal : Don Agatep states these are development items and would be provided as a part of the conversion. Planning Commission Discussion: Commissioner Larson: Applicant must correct the slope problem; the storage space can be taken car of; adequate parking must be provided; on-street parking is not convenient to most of the units; there are no pedestrian walkways ; the amenities are not there for conversion. P.C. Minutes l/9/80 Page 8 Commissioner Marcus: Inadequate parking is problem; needs considerable landscaping. Commissioner Schick: Needs play yards; have parking problems and laundry facility problems; not a good candidate for conversion; does not meet the criteria for condominiums. Planning Cpmmission Action: A motion was made recommend- ing DENIAL of CT 79-9/CP-15 based on staff's finding number 3 (not to include findings 1 and 2). MOTION: Larson SECOND: Marcos AYES: Larson, Marcus, Schick, Leeds NOES: None ABSTAIN: Rombotis C. CUP-169, Goetze,Conditional Use Permit for a veterinary out-patient clinic, on property located on the northeast corner of Alga Road and El Camino Real. Staff Report: Presented by Brian Milich recommending APPROVAL of CUP-169 based on the conditions in the staff report. Applicant Presentation: Jonathan Goetze, P. 0. Box 6029 San Diego, California. Concurred with the conditions in the staff report. Planning Commission Action: A motion was made approving CUP-169 based on the conditions contained in the staff report. MOTION: Larson SECOND: Rombotis AYES: Larson, Rombotis, Schick, Marcus, Leeds NOES: None D. CUP-173, Circus Vargas, Conditional Use Permit for circus event on two adjacent vacant parcels in Car Country, Paseo De1 Norte, north of Palomar Airport Road. Staff Report: Presented by Brian Milich, recommending APPROVAL of CUP-173. Commissioner Schick wished to know what would be done with water which was brought in and not used. Applicant Presentation: Mary Temple, 259 Brentwood, Newport Beach, California. Concurred with the conditions of the staff report. P.C. Minutes l/9/80 Page 9 Planning Commission Action: A motion was made to APPROVE CUP-163 based on the conditions contained in the staff report. MOTION: Rombotis SECOND: Marcus AYES: Rombotis, Marcus, Leeds, Larson, Schick NOES: None E. SNC-16, City of Carlsbad, Change name of a portion of Tamarack east of El Camino Real to Milan0 Drive. Staff Report: Presented by Bud Plender recommending APPROVAL 0f SNC-16. The Commission had general questions relative to alignment of the street which were responded to satisfactorily by staff. Planning Commission Action: A motion was made to APPROVE SNC-16. MOTION: Rombotis SECOND: Larson AYES: Larson, Rombotis, Schick, Leeds, Marcus NOES: None F. ZCA-120, Food Processing Plants, E-A Zone, Zone Code Amendment to permit agricultural packing and processing plants in the E-A Zone. Staff Report: Staff report was presented by Bud Plender, recommending APPROVAL of ZCA-120. Planning Commission Action: A motion was made APPROVING ZCA-120. MOTION: Larson SECOND: Rombotis AYES: Larson, Rombotis, Schick, Leeds, Marcus NOES: None Commissioner Rombotis withdrew from the panel. V. CONTINUED NE?i BUSINESS ITEM A. MS-402, Jordan, Minor subdivision creating panhandle lots on Park Drive, just north of Sunrise Circle. P.C. Minutes l/9/80 Page 10 - Staff Report: Presented by Brian Milich recommending DENIAL of MS-402 based on the findings in the staff report. Applicant Presentation: David Thomas, 675 South Sierra Avenue, Solana Beach, California. Stated he could see no problem with Park Drive traffic. Les Evans, City Engineer, advised the Commission that twenty sewer permits have been issued to serve property on the other side of the proposed panhandle lot; that drainage improvements are scheduled to be made which would enhance the subject property; that when James Drive is aligned as presently proposed, there probably would be no need for a panhandle lot for access to this property. A discussion ensued relative to the further alignment of James Drive; the responsibility for the storm drain; whether or not is will be by condemnation, purchase of right-of-way, etc .; the assessment of the property owners for the improvements; and the approximate time when this might occur. The panel was advised by Les Evans that if panhandle lots were allowed by the Commission the City probably would not attempt to align James Drive. The Assistant City Attorney feels that condition 3 of the staff report should be reviewed by the City Attorney's office relative to the legal aspects. Pauline Jordan, owner: has attempted to contact the owner of the parcel of property that prevents this property from having access to James Drive; has had no success with him. States that he does not wish to sell and is not at all cooperative in even discussing the situation. Les Evans felt the City might be able to contact the owner and discuss with him the possibility of extending James Drive. Planning Commission Action: A motion was made to continue MS-402 to January 23, 1980 to see if some the above stated problems could be resolved. MOTION: Larson SECOND: Marcus AYES: Larson, Marcus, Schick, Leeds ABSTAIN: Rombotis VI. NEW BUSINESS ITEMS A. CUP-163, Dean's Towing, Review of a Conditional Use Permit for an auto impound yard located on the west side of Tyler between Pine and Walnut. P.C.Minutes l/9/80 Page 11 Commissioner Rombotis withdrew from the panel. Staff report: Presented by Bud Plender. A general discussion was held relative to legal access; Dan Hentschke stated that research had been done and the City Attorney's office is satisfied that the applicant has an access easement to serve parcel 4. Applicant Presentation: Ed Dean, applicant. Does not want to join the two lots because he may want to sell them separately at some future time; will use Tyler Street access only if agreeable; he is not pre- sently using the back lot because of the restrictions. Planning Commission Discussion: Commissioner Schick stated that if the lots were sold, there would still be access problems if a consolidation of the lots was not agreed to. Staff feels the lots should be consolidated. Dan Hentschke explained the various options available to the City concerning the property and the access issue. Staff then recommended that the report be received and filed. Planning Commission Action: A motion was made to receive and file the staff report. MOTION: Larson SECOND: Marcus AYES: Larson, Marcus, Schick, Leeds NOES: None VII. APPROVAL OF MINUTES Planning Commission Action: A motion was made to APPROVE the minutes of November 28, 1980. MOTION: Marcus SECOND: Leeds AYES: Marcus, Leeds, Larson, Schick NOES: None Planning Commission Action: A motion was made to APPROVE the minutes of December 12, 1980. MOTION: Marcus SECOND: Leeds AYES: Marcus, Leeds, Larson, Schick NOES: None P.C.Minutes l/9/80 Page 12 . VIII. APPROVAL OF RESOLUTIONS Resolution No. 1572, Bodjanac A motion was made APPROVING Resolution No. 1572 as submitted. MOTION: Marcus SECOND: Leeds AYES: Marcus, Leeds, Larson, Schick NOES: None Resolution No. 1576, SMCWD and La Costa A motion was made ADOPTING Resolution No. 1576 as submitted. MOTION: Marcus SECOND: Leeds AYES: Marcus, Leeds, Larson, Schick NOES: None Resolution No. 1577, SMCWD and La Costa A motion was made ADOPTING Resolution No. 1577 as submitted. MOTION: Larson SECOND: Leeds AYES: Larson, Leeds, Marcus, Schick NOES: None Resolution No. 1578, SMCWD and La Costa A motion was made ADOPTING Resolution No. 1578 as submitted. MOTION: Marcus SECOND: Leeds AYES: Marcus, Leeds, Schick, Larson NOES: None Resolution No. 1579, Elihu Approval of Resolution No. 1579 was continued to the next meeting. Resolution No. 1580, Ward Approval of Resolution No. 1580 was continued to the next meeting. Resolution No. 1581, Pelly's Nursery A motion was made APPROVING Resolution No. 1581 as submitted. P.C. Minutes l/9/80 Page 13 - , I 1 - l . MOTION: Larson SECOND: Leeds AYES: Larson, Leeds, Marcus, Schick Resolution No. 1582, Soho1 Approval of Resolution No. 1582 was continued to the next meeting. Resolution No. 1583, Birtcher Pacific A motion was made APPROVING Resolution No. 1583 as submitted. MOTION: Marcus SECOND: Larson AYES: Marcus, Larson, Schick, Leeds NOES: None Resolution No. 1584, City of Carlsbad A motion was made APPROVING Resolution No. 1584 as submitted. MOTION: Marcus SECOND: Larson AYES: Marcus, Larson, Schick, Leeds NOES: None Resolution No. 1585, Burnett Approval of Resolution No. 1585 was continued to the next meeting. Resolution No. 1586, Easterbrooks Approval of Resolution No. 1586 was continued to the next meeting. There being no further business the meeting was adjourned at 11:35 P.M. ~;;gT$Ted3 a Recording Secretiry JAMES C. HAGAMAN Secretary P.C. 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