Loading...
HomeMy WebLinkAbout1981-03-11; Planning Commission; Minutes.-- MEETING OF: PLANNING COMMISSION DATE OF MEETING: March 11, 1981 TIME OF MEETING: 7:00 P.M. 3 PLACE OF MEETING: Council Chambers CALL TO ORDER was made by Chairman Marcus at 7:03 P.M. ROLL CALL . . Present - Chairman Marcus, Commissioners Larson, L'Heureux, Jose, Leeds, and Rombotis. Commissioner Friestedt arrived at 7:23 P.M. Ex-Officio member Dan Hentschke, Assistant City Attorney, was also present. Staff members present were: Mike Holzmiller, Principal Planner Bill Hofman, Associate Planner Richard Allen,.Principal Civil Engineer Catherine Nicholas, Assistant Planner Joyce Crosthwaite, Assistant Planner PLEDGE OF ALLEGIANCE was led by Chairman Marcus, PLANNING COMMISSION PROCEDURE Chairman Marcus explained Planning Commission procedures in its capacity as an advisory commission to the City Council, and identified those matters delegated to the Planning Commission for a final decision. Chairman Marcus further explained the procedure observed by the Commissi.on during public hearing items. CONTINUED PUBLIC HEARINGS 1. ZC-222/CUP-189, JACK-IN-THE-BOX. .Request for a.Zqne Change from R-P to C-2 and a Conditional Use Permit to construct and operate a drive-thru restaurant on property generally located on the southeast corner of Elm Avenue and Harding Street. The staff report was presented.by Mike Holzmiller, essentially as contained in the Statement of the Matter; with Bill Hofman using wall exhibits to point out the three areas of concern which were focused on during the continuance. He added that the plan before the Commission at this time, was reviewed by all affected City Departments, and represents the best compromise that all interested parties, including the applicant, could agree to. . Commissioner Jose inquired as to the study of the median islan on Elm Avenue. Jack Henthorn, Director of Housing and Redevdl opment responded that the completion of the study phase would be approximately three to five months away. Mr. Henthorn adaed that it would include everything from Harding to I-5, and from Madison to the railroad tracks; hpwever; there is one section on Elm Avenue that may not be included in the study. Also , .their primary concern is to take care of the applicant's turning movements. Commissioner Jose made reference to Condition No. 15, from Resolution No. 1751, and suggested that consideration be given to placing an employee at the exit of the drive-thru facility for the first few weeks after the completion of the renovation, to preclude people from making a left hand turn on Elm Avenue. COMMISSIONERS . March 11. 1981 Page 2 Commissioner Jose also inquired if there was a time limit placed on the CUP. Staff indicated they were not aware of one, however, the. City Attorney's Office had suggested that if the project was approved, that there be a termination date placed on the CUP, and allow the applicant to request an extention. Discussion then reflected on the issue of the median. Chairman Marcus opened the public hearing at 7:25 P.M., and extended the -invitation to speak. The Cotiission recognized Mr. Robert Radtke, Real Estate Manager for the applicant. Mr. Radtke pointed out that.on the issue of the median, the applicant is totally flexible I and. would sign an agreement that they had no objections! or post a bond for same. With regard to Commissioner Jose's suggestion for placing an employee at the exit of the drive- thru facility, and applicant responded there would be no problem with it during the first few weeks. Mr..Radtke - expressed‘willingness to respond to any questions. Commissioner Larson inquired if the applicant agreed with Staff's assessment for the location of the order box, allowing only one car stacking'before it interfers with the entrance length. Mr. Radtke explained that the applicant's chief architect has informed them that they do not see it as a problem, and.they do have similar situations at other locations. He further explained that if it did not work, they would look at another alternative. The Commission recognized Mr. Burt Freehoff, 3030 Harding, Carlsbad; who explained that he had spoken be.fore the Commission in the past on this matter, and re-emphasized the benefits to the City. Mr. Freehoff added that he is a neighbor of Jack-In-The-Box, and feels the project'is a drastic improvement, in that it creates the village atmosphere, Since no one else wished to speak on'the matter, Chairman Marcus closed the public hearing at 7:30 P.M. Commissioner L'Heureux inquired as to the previous policy for allowing parking in a loading zone. Staff-responded they were not aware of it being permitted. Commissioner iiombotis explained that the loading zone is actually three parking places that are to be designated employee parking, and it is not intended to be used as a loading zone, as they load . during off hours. He added it should be designated employee parking. The Commission and Staff concurred that it could be changed to indicate employee parking, rather than a'loading zone. In response to Commissioner Jose's concern with regard to the time period of the CUP, Dan Hentschke, Assistant City Attorney, explained that Condition No. 13 is not adequate, and does . not accomplish what Staff has intended. Mr. Hentschke suggested that the Commission request Staff to make a recommendation as to an adequate time for the Conditional Use Permit. Further, if the Commission approves the project, Mr. Hentschke suggested his office be directed to revise Condition No. 13, to include a termination and extension provisioh. Mike Holzmiller suggested that if the Commission desired to do the above, Staff would suggest seven years, and that it be . reviewed after one year, for possible operational changes. I ’ March 11, 1981 Page 3 The Commission adopted the. following Resolutions; No. 1752, approving ZC-222 based on the findings and subject to the conditions contained therein; and No. 1751, approving CUP-189 based on the findings and subject to the conditions contained therein, with a change to Condition No. 13, in that the CUP shall be granted for seven (7) years, and may be extended for seven (7) year increments, to include an operational review . after one (1) year by the Planning Director, with a report back to the Planning Commission. Also, to add a condition requiring the applicant to place an employee at the exit of' the drive-thru facility to direct tra‘ffic, precluding left hand turns, for a period of two (2) months: RESOLUTION NO. 1752, APPROVING A. ZONE CHANGE FROM R-P TO C-l;Q ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE GF HARDIN STREET BETWEEN ELM AVENUE AND OAK AVENUE. RESOLUTION NO. 1751, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A NEW DRIVE-THRU RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF ELM AVENUE AND HARDING STREET. 2. V-302/CT -.Request for a tentative tract map and condominium permit to convert 8 apartment units to condominiums, and a variance to allow parking in the front yard setback on property generally located on the north side of La Costa Avenue between Gibralter Avenue and Romeria Street in the RD-M zone, The staff report was presented by Mike Holzmiller, essentially as contained in the Statement of the Matter; with Bill Hofman using wall exhibits to show the project design and location. Chairman Marcus opened.the public hearing at 7:55 P.M., and extended the invitation .to speak. . . The Commission recognized Mr. Leonard Izbicki, 6519 Onda Pl., Carlsbad, the applicant. He stated he was in disagreement with the staff report, with the exception of three items; it does not affect the General Plan, the intentions to convert condominiums, and the project meets all the development standards except for parking. e The Commission recognized Mr. Jack Madison, 3255 Wynn Street, San Diego, architect and planner for the applicant. Mr. Madison briefly went into the background of the applicant's effort, to show the condition that exists in this matter. Mr. Madison stated that the land use in the area is inconsis- tent with the actual growth, and the applicant feels he is being deprived of the reasonable use of his land, and of the 'property right that is granted to others in the area. I With the aid of the overhead projector, Mr. Izbicki showed the parking situations for other projects on La-Costa Ave. He distributed pictures to the Commission for their review of parking on La.Costa Avenue, parking inside the 10 foot setback parallel to La Costa Avenue, and similar variances utilizing the front setback on La Costa Avenue. Mr. Madison addressed the four mandatory findings.. He pointed out that according to the Traffic and Safety records, at the intersection of Romeria and La Costa Avenue, there has been one accident.per year for the last four years, none being fatal. He also suggested consideration be given to changing the speed limit from 40mph to 30mph on La Costa Avenue. :OtlIIISSIONERS Marcus Larson L'Heureux Jose Leeds Rombotis ,Friestedt , .I . MINUTES . March 11, 1981 Page 4 In response to the Planning Issues for CT 80-8/CP-58, Mr. Madison explained that, according to Staff, all the developmen standards of.the Condominium Ordinance have .been met, with the exception of parking. He also addressed driveway dominance, stating a driveway which is 16' wide is no more dominant.than' any other driveway which enters from the street, and the parking is less dominant than most condominiums and apartments in the area. With regard to the location of carports, Mr. Madison explained tnat the carports for units 1 and 2 have a five foot space open to 'the sky, and'are well lighted with seven lamps on a timer switch. He made reference to the police and fire.report which states that parking within ten feet of La Costa Avenue shall be heavily screened with shrubbery 40 inches high, so very little of the cars will show, yet the vision of the driver will not be impaired, In conclusion, Mr. Izbicki explained that all the tenants, prior to occupancy, were notified in writing that this was an attempted condominium conversion, and there is no negative response from the tenants. He stated he has lost his financing once, and has been deprived of a property right through resolution to‘which none of the property owners were notified. He added that he has attempted to comply with all rules and regulations before him at the time, and requested that the project be approved. The Commission recognized Ms. Jackie Stitts, 2412 Sacada Circl Carlsbad; who stated she has lived in the area for eight years and has seen its' progress. She stated that Mr. Izbicki is attempting to comply with each new rule., and.made reference to parking and traffic situations in the area. In conclusion, Ms. Stitts indicated she supports the,project. . . . The Commission recognized Mr. Fred Morey, 2618 Abedul, Carlsbad; who explained .he owned the,lot next to the applicant and spoke in favor of the project. The Commission recognized.Mr-. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad; who indicated he was neither opposed or in favor of the project. Mr. Skotnicki pointed out tha$ the purpose of the Condominium Ordinance was to insure home ownership, and that condominiums should be designed with greater care, insofar as their standards for construction are involved. He added that they are not merely apartments owned by individuals, but they are homes, designed for home owner- ship; and'this is the basic premise for some of the more severe constraints placed in the Ordinance. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 8:23 P.M. In response to Commission inquiry in reference to the width of the bike lane on La Costa Avenue, Richard Allen explained that it varied depending'on the size of the street, and on La Costa Avenue it is eight feet. He stated the no parking presently provides a bike lane, however, in the future it will provide four lanes of traffic. Commission discussion reflected on the parking issue on La Costa Avenue, ;(in the Ir ont yard setback,) the bike lane, and possible alternatives to same. l \ . :OMFIISSIONERS . . ll&INUT s -..._. March 11, 1981 Page 5 The Commission then addressed.the variance, to include parking in the setback, and to eliminate the reduction of the. required parking spaces from four to two on-site, for guest parking. The consensus of the Commission was that all the mandatory findings for a variance could not be found. The Commission also discussed the possibility of amending.the Ordinance, to allow flexibility and the ability to ,deviate from the strict applications of same. The Commission adopted the following Resolutions: RESOLUTION NO. 1636,'DENYING A VARIANCE'TO ALLOW PARKING IN THE FRONT YARD SETBACK GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN.GTBRALTAR AND ROMERTA STREETS. RESOLUTION NO. 1635, RECOMMENDING DENIAL OF AN EIGHT LOT TENTATIVE TRACT MAP'AND CONDOMINIUM CONVERSION PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE BETWEEN GIBRALTAR AND ROMERIA STREETS.. A minute motion was made, that if this item is appealed, the Planning Commission forward to the City Council, a letter of concern about this type of problem, and request that the Council take it into consideration. Further, if the Council wished to change the policy, the letter would reflect that the Commission would not object to same. RECESS Chairman Marcus called a recess at 8:50 P.M., and the Commission reconvened at 9:02 P.M., with all.members present. NEW PUBLIC HEARINGS . . 3. CUP-194, AQUACULTURE. Request for a Conditional Use Permit to expand aquaculture research laboratory located on the.east side of Carlsbad Boulevard between the Encina Power Plant and Agua Hedionda Lagoon. Mike Holzmiller introduced this item, and indicated that Joyce Crosthwaite would present the staff report. * Joyce Crosthwaite presented the staff report, essentially as contained in the Statement of the Matter, noting a correction in same: that being the proposal is for 50 circular culture tanks, not 40 as stated in the staff report. Commissioner Jose suggested that a time limit be placed on the CUP, and possibly a review period. He also expressed concern that the project could-become a commercial activity and inquired as to the open space -zoning restrictions. Joyce Crosthwaite responded that the zone is open space, and aquaculture has been designated as an agriculture use by the California Legislature. .Additionally, if the project were expanded, the applicant would be required to apply for ,a new CUP. Chairman Marcus opened the public hearing at 9:08 P.M., and extended the invitation to.speak. The Commission'recognized Mr. Jim Carlberg, 11211'Sorrento Valley Rd., San Diego; Vice-President and General Manager for Aquaculture Systems, who gave some background on the facility, and its' research. :OtlHISSIONERS Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt I .’ . I w. \ ‘* ! ’ -_ .-- . March 11, 1981 Page 6 Mr. Carlberg indicated that they would have no problem with the time limit and review of the CUP. With regard to the fence, he added they had anticipated the potential problem, and distributed copies'of an elevation map to the Commission for their review. The Commission recognized Joan Jackson, representing the San Diego Chapter of the Sierra Club, and urged the approval of this item as conditioned by Staff. Since no one-else wished to speak. on the matter, Chairman Marcus closed the public hearing at.9:16 P.M. Commissioner L'Heureux requested that Condition No. 8 be changed, in reference to the language "Any fences," to instead make a fence mandatory along Carlsbad Boulevard. Also, that Condition No. 5 be amended to more specifically include the types of detailed landscape to be provided, i.e., vines, and shrubs to obstruct the fence; and lastly, that a condition be added concerning the length of time of the CUP, as previously discussed. A motion was made to approve the Negative Declaration issued by the Planning Director, and the following Resolution was adopted, approving CUP-194, based on the findings and subject to the conditions contained therein, adding the changes proposed for.Condition No. 5 and Condition No. 8, and adding a Condition No. 9, in that the CUP be granted for a period of seven (7) years, with a review at the end of three (3) years, and the option for renewal for seven (7) year periods, there- after: RESOLUTION NO. 1778, APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING AQUACULTURE RESEARCH LABORATORY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN THE ENCINA POWER PLANT AND AGUA HEDIONDA LAGOON. 4. EIR 80:4/ZC-226/GT 80-24&P-102, POINTE SAN MALO. Request for approval of a Zone Change from R-3 and R-A to RD-M and-a Tentative-Subdivision Map and Condominium Permit to develop 40 units on the north side of Ocean Street between the AT&SF Railroad and'the Pacific Ocean. Commissioner L'Heureux indicated that he would abstain from this item, due to the fact that he shares offices with the. attorney for the applicant. Commissioner Rombotis indicated that he also would abstain from this item, due to the fact that he has a piece of property that could be affected by this decision. Mike Holzmiller introduced this item, and indicated that Bill Hofman would present the staff report. Bill Hofman gave the staff report, essentially as contained in the Statement of the-Matter; with Mike Holzmiller using wall exhibits to show the project location and description. Mr. Hofman addressed the zone change, tract and condominium permit, and the environmental impact report. He referenced correspondence received by the Planning Director, which was attached.to the. staff report, from property ownwers in opposition to the project. Also, a letter from the Santa Fe Railroad requesting the provision of a wall on the boundary line, separating the railroad right-of-way from the site. :ofiriI Marc LarE L'Hc Jose Leec Roml Fric \ f \ p \‘..- J-i- . -- . March 11, 1981 Page 7 Chairman Marcus opened the public hearing at 9:34 P.M., and extended the invitation to speak. The Commission recognized Mr. Nicholas Banche;3464 Ridgecrest Drive, Carlsbad; representing the applicant. Mr. Banche requested that Mr. Mike Mahoney, President of Native Sun Investments, give a brief presentation on the applicant; and Bob Ladwig of Rick Enginqering to report on the specifics of the project'. Mr. Ban&e indicated he would respond to public input at the-conclusion of,the public hearing. He requested the Commission consider that the only City issue is the compatibility of the application with the General Plan; and that this application, voluntarily on the part of the applicant, requests a substantial reductionWfrom permissible densities under the General Plan. Mr. Banche added that it also involves an offer to make a gift of some 5% acres of a ten acre parcel to the public. The Commission recognized Mr. Michael R. Mahoney, 2101 ,Ragtail Santa Ana‘; General Partner of Native Sun Investment Group. Mr. Mahoney gave some background on the project, and briefly discussed the design of same. He addressed the environmental impact report, and the sea wall. The Commission recognized Mr. Bob Ladwig, Rick Engineering, Carlsbad; who re-emphasized that the issue at this time was to insure that the development is'compatible with the General P.ian, and all policies. Mr. Ladwig stated it was felt that it is a well designed project that would be an asset to the city - Mr. Ladwig further explained that on the original plan, they were taking the drainage from the site, ‘which slopes toward the lagoon, and discharging into the lagoon. However, after review of the environmental impact report, they are now collecting the storm water in an underground,system, and are discharging west of the weir, directly into the ocean, therefore, not putting any surface run-off problems.into the lagoon. Also, there will be siltation traps and pollution traps as suggested in the staff report. In conclusion, Mr. Ladwig urged approval as recommended and presented by Staff, The Commission recognized Joan Jackson, representing the San Diego Chapter of the Sierra Club, Ms. Jackson explained that she is a resident of Carlsbad, and is the permanent representative of the Chapter to the Regional Coastal Commission, and to the California State Coastal Commission. Ms. Jackson indicated that their major concern was with state lands, and why they were not asked to make the determination before the work went into the project. She further indicated . that it occurs to her that the project can not meet the newly adopted State guidelines on wetlands by the State Coastal Commission. Ms. Jackson requested the Commission consider a continuance on this matter, until.such time as they have the information on which they can act in an informed manner. The Commission recognized Mr. A. J. Skotnicki, 3535 Bedford Circle, Carlsbad; who spoke in opposition to the project, from the standpoint of the environmental impact report. Mr. Skotnicki added that he could not comprehend the presen- tation of such a project, with this kind of environmental sensitivity, for approval, Commissioner Jose inquired if there had been any indication in reference to the possibility of moving the weir in the :OtlMISSIONERS ’ -- . March 11, 1981 Page 8 distant future, from Mr. Skotnicki's position on the Lagoon Committee. Mr. Skotnicki responded that the discussion has not indicated any desire on the part of the Department of Fish and Game to do anything about the lagoon, with the exception of the removal of accumulated siltation which has occurred over the past few years, as a result of recent storms. Further, that the Department of Fish-and Game is proceeding under the premise that they wish to maintain in it's present status. The Commission recognized Mr. Andrew Grant, 2468 Ocean Street, Carlsbad; the Assistant Director of'the Zoological Society of San Diego, and General Manager of the Wild Animal Park.. Mr. Grant stated he refutes the EIR, as there is a lack of specific mention of,species, and complete nesting disturbance given to any land movement in that area. He made reference to page 20 of the EIR, and explained that the construction and increased human activity would adversely affect the feeding habitats of the Least Tern. Mr. Grant explained-the importance of certain species, and requested a complete evaluation of the EIR, as it is felt the EIR does not address the environmental aspects as it relates to the species. The Commission recognized Mr. Jim Herschberg, 2438 Ocean St., Carlsbad; who stated he is a local broker and developer. Mr. Herschberg explained his belief that a person should be allowed to build on his own property, provided that it fits in with the neighborhood and the environment. He further explained that his concern was with vehicular access currently to the beach front on this property, specifically for emergency vehicles. In conclusion, Mr. Herschberg requested that when an acceptable EIR is submitted, the project be approved; however, feels that 40 units. is not allow able, as it would increase the traffic.flow. . . . The Commission recognized Mr. Richard Ely, representing Grandville Park Property Owners Association, 2425 Mountain View Dr., Carlsbad. Mr. Ely distributed copies, of 'an accumu- lation of newspaper articles to.the Commission, which have been collected over the last few years, and spoke in opposition of the project. With the'aid of-blown-up photographs, Mr. Ely addressed the sewer situation, and the affect the project will have overall on the area. In conclusion, Mr.'Ely indicated he is vehemently opposed to the project, and requested it be continued. . The Commission recognized Mr. L. B. Hamlin, 2445 Ocean Street, Carlsbad;'who is a property owner south of this project, and spoke in opposition to the project. A motion was made to continue EIR 80-4/X-226/CT-80-24/CP-102, Pointe San Malo - Native Sun Investment Group Plan,' to the nex Regular Meeting of March 25, 1981, at 7:00 P.M. Dan Hentschke, Assistant City Attorney, suggested that the Commission request that all individuals who submitted documents, pictures, and other evidence before the Commission leave same with the Commission, to be made available to the public before the next public hearing. 5. CUP-196, CRISMAN & PARKER. Request for a Conditional use Permit to‘allow a Montessori School with extended day care on the east side of Madison Street between Elm Avenue and Oak Avenue in the R-P Zone. Mike Holzmiller introduced this item and indicated that Bill Hofman would present the staff report. :OMMISSIONERS j Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt . !. ’ - March 11, 1981 Page 9 Chairman Marcus called a br;lef recess at lo:36 P.M., ta allow people to leave who were present for the pointe San Malo project; and the Commission reconvened at lo:41 P.M., wrth a13 members present. The staff report was presented by.Bi11 Hofman, essenti,ally as contained in the Statement of the Matter, Mr. Hofman ind.$catc there was a change in Condition No. 21, to read, "The owner shall enter into a lien contract to improve the full wsof the alley along the 100 foot frontage of his property to the satisfaction of the Engineering Department,' Chairman Marcus opened the public hearing at lo:43 P.M., and extended the invitation to speak. The' Commission recognized Mr. Jeffrey Crisman, 3485.Valley St% Carlsbad, the applicant. Mr. Crisman expressed appreciation to the Staff for their support in the project, and the willingness to respond to any questions. Commission discussion reflected staggered scheduling, and parking. The Commission recogni'zed Mr. GlennMcComas, 1265 Cynthia Ln., Carlsbad; who explained he owned the property across the street, 200 feet from the Southwest Bank holding to the corner which is office use. Mr. McComas expressed concern over the noise that could be created from a school on a lot this size. He also indicated his concern with Condition No. 9, and feels the applicant would not be able to control same; Mr. McComas addressed the traffic study, stating the report did not include what it consisted of, and added that the area is very heavily congested at present. In conclusion, Mr% Mccoma: explained that he was not in objection to the business, but feels it would be better suited in another location.' The Commission recognized Mrs. Pamela Crisman, 3485 Valley St, Carlsbad, who responded'to the concerns of Mr. McComas. She explained that all the children would not be on the playgrounc at the same time, and according to the State Licensing Division, it is felt that the.facility is appropriate for the use. . Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at lo:53 P.M. I :r 3 ,I 1 . . a With regard to the street system being capable of handling . the traffic, Commissioner Friestedt inquired as to the design capacity of Madison Street. Richard Allen responded that.it is a fairly low volume street, a nd added that the project would not contribute any significant amount of traffic. Mr. Allen continued that with the drop off driveway that exists, 'and the added condition that one driveway will be an entrance and the other an exit, along with the alternate of the alleyway to the rear for drop off, Staff does not feel it will present any problems. Commissioner Jose inquired if there was sufficient space to expand, should the applicant decide to do so at a later date, to accomodate more than 64 students. Bill Hofman responded that there are State requirements, requiring so much classroon and playground.area per student, and the applicant would have to meet those requirements. Bill Hofman suggested for Commission consideration a time limit on the CUP, with a seven (7) year expiration, renewable by the Planning Director, and a one (1) year review to be consistent with other CUP'S heard earlier in the evening. L 2.d \ * \ 5 C , OMMISSIONERS ! I .- March 11, 1981 Page 10 The Assistant City Attorney explained the reasoning for the termination clause, and the Commission concurred that Condition No. 14 should be modified to reflect same. A motion was made to approve the Negative Declaration issued by the Planning Director, and the following Resolution was adopted, approving CUP-196 based on the findings and subject to the conditions contained therein, with the modification to time condition, and adding a condition that the applicant provide two, t-2) compact car spaces off the alley to the rear: RESOLUTTON NO. 1781;APPROVING A CONDTTIONAL USE PERMIT TO OPERATE A MONTESSORT SCHOOL WITH EXTENDED DAY CARE ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MADISON STREET. 6. ZC-223/SDP 80-13/CuP-186, GALLAS. Request f0r.a Zone Change from L-C to CT-Q, a Site Development Plan for a recreational/commercial development, and a Conditional Use Permit to allow the sale of alcoholic beverages on property generally located on the southwest corner of Palomar Airport Road and El Camino Real. Mike Holzmiller introduced this item, and indicated that Bill Hofman would present the staff report. With the aid of the overhead projector, Bill Hofman presented the staff report, essentially as contained in the Statement of the Matter. Mr. Hofman indicated that Condition No. 3 of Resolution No. 1784, should be placed in the Site Development Plan Resolution, No. 1783, as Condition No. 27, as the Conditional Use Permit Resolution only relates to the alcoholic beverages. Commissioner Jose inquired if Staff has. requested the. applicant contribute to the installation of traffic'signals at El Camino Real and Palomar Airport Road. Richard Allen responded that the traffic signal is currently under construc- tion, and the current City policy on'traffic signals is, if it is in a defined traffic signal master plan, that will be paid for out of the public facility fee, which will be collected on this project. Commissioner L'Heureux expressed concern as to the helicopters, for this type of use. He also inquired as to the control of same, including Hughes Helicopter, and Palomar Airport. Bill Hofman explained that changing condition No. 3 from the CUP . Resolution to the Site Development Plan, would enable the review of 'the use. As to the control of flight patterns, Mr. Hofman suggested that Phil Safford, Assistant Director of Airports, respond to this. Discussion then reflected on the construction of a median alon< El Camino-Real, and access into the site. Chairman Marcus opened the public hearing at 11:14 P.M., and extended the invitation to speak. The Commission recognized Mr. Phil Safford, Assistant Director of Airports, 2198 Palomar Airport Road, Carlsbad. Mr. Safford explained that this development is taking place on airport property, under a lease from.the County, and if helicopter pad: were to be placed on this parcel, they would be controlled by the Palomar Airport Traffic Control Tower. He added that there is no conflict with air traffic, as long as this condition exists. Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt - -- . March 11, 1981 Page 11 :OMMISSIONERS Mr. Safford continued that they had recently leased another parcel of land on the airport‘to the applicant, on which a helicopter facility was going to be built; however, the requirement for these pads has become moot, and they do not intend to put them on the subject site. Mr. Safford addressed Condition No. 23, in reference to an equestrian trail easement, from Resolution No. 1783, stating that the applicant has no'authority to grant such an easement, as the property belongs to the airport, and is subject to limitations of its' use. With the aid of a wall exhibit, Bill Hofman explained the need for the equestrian trail 'easement, stating that it is critical to tie into the City's overall pedestrian and equestrian system. Discussion then reflected on alternatives to same. The Commission recognized Mr. Ted Vallas, 246. 5th Street, Encinitas; developer of the property and applicant. Mr. Vallas explained that he does not object to the conditions, with the exception of Condition 20, dealing with the building of a half street along,Palomar Airport Road, with no use for same. Mr. Vallas agreed with Mr. Sa.fford with regard to Condition No. 23, Resolution No. 1783, in that he does not have the authority to grant such an easement. Discussion then reflected on the construction of a median, access off of El Camino Real, and a sidewalk on Palomar Airport Road. Further discussion related to the feasibility of a right turn out, to go north on El Camino Real. . Commissioner L'Heureux expressed concern over traffic numbers, and traffic impact, due to the number of people that would be using a facility such as this one. ._ A motion was made to continue this item to the next Regular Meeting of Wednesday, March 25, 1981, at 7:00 P.M. 7. ZCA-132, CITY OF CARLSBAD. An-amendment of the Planned Unit Development Ord,inance and Condominium Ordinance.- A motion was made to continue this item to a Special Meeting of the Planning Commission, to be held Wednesday, April 1, 198 at 7:00 P.M. CONTXNUED DISCUSSION TTEMS 8. MS-505, AVI:S/O'DAY. Request for a Minor Subdivision creating three lots one of which would be a panhandle lot on property generally located on the east side of Arland Road between Buena Vista.Avenue and Highland Drive in the R-1-7500 zone. Mike Holzmiller indicated that the applicant'has been in the hospital, which is why the previous continuance was requested. Staff had been contacted, and the applicant is still unable to, attend the meeting, and the representative requested another continuance to the next regular -meeting. Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt : : : : : : : : : r L : L : : / I -- March 11, 1981 Page 12 A motion.was made to contihue'th-is item to the next Regular Meeting of Wednesday, March 25, 1981, at 7:00 P.M. .- BummN~ RELOCATION A'brief report was presented by Bill Hofman, with the aid of the overhead projector, who explained that it is a request fo a house move from 2818 Hope Avenue to 2480 Tuttle Street. Theehouse is compatible with the.surrounding' neighborhood, and-Staff is recommending approval. A motion was made to approve the building relocation from 2818 Hope Avenue to 2480 Tuttle Street, Carlsbad. MOBTLEHOME PARR ORDTNANCE Following discussion relative to the Commission's direction to'Staff to amend the Ordinance, the Assistant City Attorney indicated that his office is preparing a.paper f.or the San Diego County City Attorneys on some of these issues, and agreed to make a report to the Commission at the next meeting The Commission concurred APPROVAL OF MINUTES The minutes of the Regular Meeting of February 25,.X981, were approved as submitted. . ADJOURNMENT By proper motion, the meeting was adjourned at 12:Ol A.M. Respectfully Submitted, iAMES C. HAGAMAN Secretary to the Planning Commission Ann R. Alleman, Minutes Clerk .a \ ! OMMISSIONERS Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt Marcus Larson L'Heureux Jose Leeds Rombotis Friestedt I