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HomeMy WebLinkAbout1981-12-23; Planning Commission; Minutes,- , , ----ovF -* * c * i. ,/ 2 MINUTES MEETING OF: DATE OF MEETING: PLANNING COMMISSION December 23, 1981 TIME OF MEETING: 7:00 P.M. PLACE OF MEETING: City Council Chambers vr COMMISSIONERS ’ \ CALL TO ORDER was made by Chairman Marcus at 7:Ol P.M. ROLL CALL Present - Chairman Marcus, Commissioners L'Heureux, Farrow, Rombotis, and Jose. Commissioner Schlehuber arrived at 7:27 P.M. Absent - Commissioner Friestedt. Ex-Officio Member James Hagaman, Planning Director, was also present. Staff Members present were: Michael Holzmiller, Principal Planner Michael Howes, Associate Planner Richard Allen, Principal Civil Engineer PLEDGE OF ALLEGIANCE was led by Chairman Marcus. AGENDA ITEM COMMUNICATIONS Regarding Item 1, Michael Holzmiller indicated there was a letter from Mr. Filler on V-329, in opposition to approval of the variance. Mr. Holzmiller continued that on Item 4, CP-187, Staff received a letter from a tenant of the apartment project in opposition to the approval of the conversion. With regard to Item 5, V-330, Mr. Holzmiller stated that Staff received two letters of opposition; one from a Mr. Berger, and a mailgram from Mr. and Mrs. Friendly. Mr. Holzmiller also indicated that there was an additional agenda item to be heard; PCD/GPC-13, General Plan Consistency Determination for Land Acquisition. Chairman Marcus indicated same would be discussed as Item 8. Chairman Marcus called the Commissions' attention to a communication on Item 3; CT 81-39/CP-185, SUP-5, V-327, from the City Attorney. PLANNING COMMISSION PROCEDURES 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 Commission during public hearing items. CONTINUED ITEMS 1. V-329 - HIRSCHBERG. Request for approval of a Variance to reduce the side yard setback from 5 feet to 1 foot off a public alley on property located on the north side of Juniper Avenue between Carlsbad Boulevard and Garfield Street. With the aid of a transparency showing the location of the project, Michael Holzmiller gave the staff report. ,-- % MINUTES December 23, 1981 Page 2 Chairman Marcus opened the public hearing at 7:07 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. Commissioner Jose expressed concern regarding the staff report, in that it indicates the proposed development abutts Carlsbad Boulevard, which is incorrect. He also q.uestioned the possibility that the overhang to the roof would project out if the variance was approved. Michael Holzmiller responded to Commission questions regarding the reason for the variance, and the Citys' suggestion to provide an alley. The Commission adopted the following Resolution, approving V-329, based on the findings contained in the staff report: RESOLUTION NO. 1889, APPROVING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM FIVE FEET TO ONE FOOT OFF A PUBLIC ALLEY ON PROPERTY GENERALY LOCATED ON THE NORTH SIDE OF JUNIPER AVENUE BETWEEN CARLSBAD BOULEVARD AND GARFIELD STREET. APPLICANT: HIRSCHBERG NEW PUBLIC HEARINGS: 2. ZC-241, HIEATT. A request for a preannexational Zone Change from County A-70-8 (Agricultural 8 acre minimum lot size) to City of Carlsbad P-M (Planned Industrial) for a 13.4 acre parcel located immediately to the north of Palomar Airport. With the aid of a transparency showing the location of the project, Michael Howes gave the staff report, essentially as contained in the written report. Chairman Marcus opened the public hearing at 7:16 P.M., and extended the invitation to speak. The Commission recognized Mr. James Hieatt, the applicant. Mr. Hieatt stated he is in agreement with the staff report. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 7:16 P.M. The Connnission approved the Conditional Negative Declaration issued by the Planning Director, and adopted the following Resolution, recommending approval of ZC-241 to the City Council, based on the findings and subject to the conditions contained therein: RESOLUTION NO. 1902, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM COUNTY A-70-8 TO CITY OF CARLSBAD P-M ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT. APPLICANT: HIEATT Marcus L'Heureux Rombotis Jose Farrow Marcus L'Heureux Rombotis Jose Farrow - MINUTES December 23, 1981 Page 3 3. CT 81-39/CP-185, SUP-5, V-327 - CONDO '5'. A request for 1) A Tentative Tract Map and Condominium Permit for a 78 unit time-share condominium permit; 2) A Special Use Permit to develop in a floodplain, and; 3) A Variance to allow an increase in the height limit from 35 feet to 40 feet located on the south side of Costa De1 Mar, east of El Camino Real in the R-P zone on 3.28 acres of property. Michael Holzmiller gave a staff report on the matter, with the aid of a transparency showing the location of the project. He also referenced the letter from the City Attorney to the Commission on same. Mr. Holzmiller continued to explain that Staff is recommending a condition, requiring that the project be restricted to a time-share project. Chairman Marcus opened the public hearing at 7:23 P.M., and extended the invitation to speak. The Commission recognized Mr. Paul Graham, who responded to Commission questions regarding the proposed parking lot. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 7:26 P.M. Connnissioner L'Heureux expressed concern with regard to Condition No. 24 of Resolution No. 1905, stating he was not satisfied with this type of continuing licensing agreement. COMMISSIONER SCHLEHUBER ARRIVED AT 7:27 P.M. Commissioner Jose inquired if the last paragraph on page 1 of the staff report met the requirements of the Fire Chief. Mr. Holzmiller explained that the applicant has spent a considerable amount of time in the preliminary plans with a representative from the Fire Department, and they have indicated they are satisfied with same. Following discussion, the Cormnission approved the Negative Declaration issued by the Planning Director, and adopted the following Resolutions, recommending approval to the City Council of CT 81-39/CP-185, SUP-5, and V-327, based on the findings and subject to the conditions contained in the staff report: RESOLUTION NO. 1905, RECOMMENDING APPROVAL OF A 78 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR, JUST EAST OF EL CAMINO REAL. RESOLUTION NO. 1906, APPROVING A SPECIAL USE PERMIT TO ALLOW CONSTRUCTION OF A 78 UNIT CONDOMINIUM PROJECT PARTIALLY WITHIN THE FLOODPLAIN OVERLAY ZONE ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR ROAD, JUST EAST OF EL CAMINO REAL. RESOLUTION NO. 1907, APPROVING A VARIANCE TO INCREASE THE BUILDING HEIGHT FROM THE REQUIRED 35' TO 40' ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF COSTA DEL MAR, EAST OF EL CAMINO REAL. Marcus L'Heureux Rombotis Jose Farrow Schlehuber MINUTES - December 23, 1981 Page 4 4. CT 81-41/CP-187, SHELDON ENTERPRISES. Request for approval of a Tentative Subdivision Map and Condominium Permit to convert 172 existing apartment units to condominiums on the northwest corner of Hosp Way and El Camino Real in the P-C Zone. With the aid of a transparency showing the location of the project, the staff report was presented by Michael Holzmiller. Chairman Marcus opened the public hearing at 7:36 P.M., and extended the invitation to speak. The CoTlrmission recognized Mr. Terry Sheldon, 2254 Moore Street, Suite 202, San Diego, the applicant. Mr. Sheldon gave some background on the matter, and stated he is in concurrence with the staff report and recommendation, and agrees to all conditions of approval. The Commission recognized Ms. Liliana Maestas, 2344 Hosp Way, Apt. 97, Carlsbad. Ms. Maestas indicated she has been a tenant of the Grove Apartments for the last seven years, and stated her opinion that the proposed project is not unique. She added she is currently not comfortable in using the recreation area, and requested the Commission consider the position that families and single parents are put in if such a conversion is approved. The Commission recognized Ms. Linda Mine (?I, 2350 Hosp Way, Apt. 209, Carlsbad. Ms. Mine expressed concern with regard to the proposed storage facilities, and parking for the project. With the aid of a wall exhibit, Mr. Holzmiller explained the proposed parking for the project, indicating that same will be revised to compensate for the additional landscaping and modifications to be made. He added that the applicant is also proposing a parking structure with a ramp, in order to meet the parking requirements. With regard to storage, Mr. Holzmiller explained that the applicant is also proposing to provide storage in all areas adjacent to the carports. The Commission recognized Mr. Anshel Bernard, 2310 Hosp Way, Apt. 209, Carlsbad. Mr. Bernard inquired where all the residents would go if the conversion is approved, and indicated there are already complaints with the services they are currently receiving in their buildings. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 7:55 P.M. Mr. Terry Sheldon responded to Commission questions regarding the proposed selling prices of the units, and financing under the Fanny Mae Program. Commissioner Schlehuber inquired as to the possibility of providing some of the units as low and moderate income housing. Mr. Sheldon explained that he has not considered the possibility of providing some of the units as low and moderate income housing; however, indicated that he has only received two requests for displacement assistance from the current tenants. A - MINUTES December 23, 1981 Page 5 Commissioner Schlehuber stated his opinion that out of 172 units, the applicant should be able to provide some of them as low and moderate income housing. Mr. Sheldon responded that he is the owner of several other projects, and in his experience, provisions for low and moderate income housing have not worked out. Commissioner Jose expressed concern with regard to the proposed storage, two-level parking, and that approval of the conversion will reduce the amount of rental units available in the City. Discussion reflected same. Following discussion, the Commission approved the Negative Declaration issued by the Planning Director, and adopted the following Resolution, recommending approval o CT 81-41/CP-187 to the City Council, based on the findings and subject to the conditions contained in the staff report: RESOLUTION NO. 1900, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO CONVERT 172 EXISTING APARTMENT UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL AND HOSP WAY. APPLICANT: SHELDON ENTERPRISES. 5. V-330, PLUMB CONSTRUCTION. Request for approval of a Variance to allow construction of a retaining wall up to 8 feet in height upon which a 10 foot high chain link fence would be erected along the rear lot line of a through-lot on property located at 2629 Obelisco Place in the R-l Zone. With the aid of a transparency showing the location of the project, the staff report was presented by Michael Howes, essentially as contained in the written report. Chairman Marcus opened the public hearing at 8:21 P.M., and extended the invitation to speak. The Connnission recognized Mr. Paul Berger, 7095 Estrella De1 Mar, Carlsbad. Mr. Berger spoke in opposition of the project, and addressed the four findings for a variance. He continued to express concern regarding the height of the fence, stating it is not compatible to the area; and requested denial of the application. The Commission recognized Mr. Estate. Mr. Maes stated that adjacent property owners; Mr. Obelisco Circle; and Mr. Willi Obelisco Circle, both wishing opposition to the project. Bob Maes, Unique Real he represents two of the Siefried Wenzel, Lot #685, am LaFlamme, Lot 8687, to go on record in Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 8:25 P.M. Following brief discussion, the Commission adopted the following Resolution, denying V-330, based on the findings contained therein: RESOLUTION NO. 1899, DENYING A VARIANCE TO ALLOW CONSTRUCTION OF A MAXIMUM 18 FOOT HIGH FENCE ON THE REAR LOT LINE OF A THROUGH-LOT ON PROPERTY GENERALY LOCATED ON THE SOUTH SIDE OF OBELISCO PLACE, ADDRESSED AS 2629 OBELISCO PLACE. Marcus L'Heureux Rombotis Jose Farrow Schlehuber Marcus L'Heureux Rombotis Jose Farrow Schlehuber MINUTES December 23, 1981 Page 6 6. CT 81-43/CP-189, ROWE/DAVIS. Request for approval of a Tentative Subdivision Map and Condominium Permit to develop 15 units on the east side of Garfield Street between Chinquapin Avenue and Date Avenue in the RD-M Zone. Michael Howes gave a staff report on the matter, with the aid of a transparency showing the location of the project. Chairman Marcus opened the public hearing at 8:27 P.M., and extended the invitation to speak. The Commission recognized Mr. Gene Roach, 505 Lomas Santa Fe Drive, Solana Beach, architect on the project. With the aid of a wall exhibit, Mr. Roach outlined the design of the project, and expressed willingness to respond to any questions. The Commission recognized Mrs. Llewella Davies, 4048 Garfield, Carlsbad. Mrs. Davies stated she is the owner of the property in concern, and requested approval of the project. The Commission recognized Mr. Charles Rowe, 3083 Ocean Street, Carlsbad Mr. Rowe spoke in favor of the project', and requested approval of same. The Commission recognized Mrs. Joyce James, 3931 Garfield, Carlsbad. Mrs. James inquired with regard to the acoustical materials to be used for the project, and suggested that they be of good quality. Commissioner Schlehuber explained that the Code has been substantially upgraded, and indicated that the noise and plumbing standards are much better. The Commission recognized Mr. Bill Bonas, 241 Olive, Carlsbad. Mr. Bonas stated the people do not wish to see high density in the coastal area, and expressed concern with regard to traffic and needed street improvements. In conclusion, Mr. Bonas requested that the Planning Commission continue the matter, until such time as the City Council can review their petition and hear their concerns at their January 5, 1982 meeting; when Council will be considering another project in this same area. The Commission recognized Mrs. Jeanette Lowe, 3955 Garfield, Carlsbad. Mrs. Lowe spoke in opposition to the project, and expressed concern with regard to density and traffic congestion in the area. The Commission recognized Mr. Philip Gallant, 165 Chinquapin, Carlsbad. Mr. Gallant spoke in favor of the project, stating his opinion that same would be an asset to the area. He added that traffic is not a big concern, and requested approval of the project. The Commission recognized Mrs. Betty Harris, a resident of Sequoia, Carlsbad. Mrs. Harris expressed concern with regard to esthetics, density, and drainage; and requested the Commission re-consider the matter. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 8:52 P.M. - MINUTES December 23, 1981 Page 7 COMMISSIONERS In response to Commisson query with regard to handling the additional traffic, Richard Allen explained that the streets are adequate to handle an individual project such as this one. He added that there will be street improvements made in the project area, and the streets will be widened in the future. Mr. Allen continued that all sewerage will be brought up to standard, and the project will also comply with drainage requirements. Commissioner L'Heureux inquired if Staff will enter any on-going program to monitor the adequacy of the small streets in the area, independent of this project. Mr. Allen indicated that Staff would submit recommendations, at such time that any problems are detected in the area. He added that current Council policy provides that street improvements be put in by the developer. Commission discussion reflected same. In response to Commission query, Mr. Allen explained that public facilities fees will not be used to improve streets, as they are for major arterials not going through a project. The Planning Director added that an assessment district is one way to provide for street improvements. The Commission approved the Negative Declaration issued by the Planning Director, and adopted the following Resolution, approving CT 81-43/CP-189, based on the findings and subject to the conditions contained therein: RESOLUTION NO. 1901, APPROVING A TENTATIVE SUBDIVISION MAP AND CONDOMINIUM PERMIT TO DEVELOP 15 UNITS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF GARFIELD STREET BETWEEN CHINQUAPIN AVENUE AND DATE AVENUE. APPLICANT: ROWE/DAVIES 7. cT 81-45/~~~-34, INTERAMERICAN DEVELOPMENT COMPANY. Request for approval of a Tentative Subdivision Map and Planned Unit Development to develop 24 industrial lots on the east side of El Camino Real north of Palmer Way in the M-0 Zone. With the aid of a transparency showing the location of the project, Michael Holzmiller gave the staff report, essentially as contained in the written report. Chairman Marcus opened the public hearing at 9:08 P.M., and extended the invitation to speak. The Commission recognized Mr. Steve Brown, 11545 Sorrento Valley Road, San Diego, architect on the project. Mr. Brown gave some background on the project, and indicated they are in agreement with the conditions of approval, with the exception of Conditions No. 21, 22, and 23, regarding reclaimed water. Mr, Brown continued that there is no definite system set up to accomodate for the use of reclaimed water in the area, and requested deletion of the three conditions. Marcus L'Heureux Rombotis Jose Farrow Schlehuber MINUTES December 23, 1981 Page 8 COI Richard Allen explained that reclaimed water will be available in the future for the area, indicating that the applicant will be required to put in the under- crossing only at this time, and the remainder of the equipment can go in at a later date. He added that same will be a dual water system. The Commission recognized Mr. Frank Finney, Helix Engineering, 723 Santa Camelia Drive, Solana Beach. Mr. Finney stated that the theory of reclaimed water has not proved to be practical. He added that certain elements will kill off vegetation, and indicated they are opposed to the issue of reclaimed water at this time. In conclusion, Mr. Finney referenced Condition No. 3 of the Resolution, and stated that they will be taking out all the building permits at one time. He added that the applicant feels that requiring the note on the final map is somewhat out of order, and expressed willingness to respond to any questions. Commissioner Rombotis explained that the note on the final map is a method of notification to a future buyer. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 9:14 P.M. Following brief discussion, the Commission approved the Notice of Prior Compliance and adopted the following Resolution, approving CT 81-45/PUD-34, based on the findings and subject to the conditions contained therein: RESOLUTION NO. 1903, APPROVING A TENTATIVE SIJBDIVISION MAP AND PLANNED UNIT DEVELOPMENT TO DEVELOP 24 INDUSTRIAL LOT'S ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL NORTH OF PALMER WAY. APPLICANT: INTERAMERICAN DEVELOPMENT COMPANY. OFF-AGENDA ITEM 8. PCD/GPC-13 - GENERAL PLAN CONSISTENCY DETERMINATION FOR LAND ACOUISITION. With the aid of a transparency showing the location of the project, Michael Holzmiller gave a brief staff report on the matter. Commission discussion reflected the compatibility of the use, and the central location for the police and fire departments. The Commission adopted the following Resolution, approving PCD/GPC-13: RESOLUTION NO. 1908, FINDING THAT THE ACQUISITION OF CERTAIN PROPERTY WITHIN THE CITY FOR GOVERNMENTAL FACILITY PURPOSES IS CONSISTENT WITH THE GENERAL PLAN. Marcus L'Heureux Rombotis Jose Farrow Schlehuber Marcus L'Heureux Rombotis Jose Farrow Schlehuber , - - MINUTES December 23, 1981 Page 9 ADDITIONAL BUSINESS Commissioner Schlehuber requested that Staff provide a report to the Commission regarding the time-share program from Newport Beach. Mr. Holzmiller indicated that a report on time-sharing was provided to the PUD Committee, and the report included time-share ordinances from several cities. He added that the report will be made available to the Conanission when the PUD Ordinance revisions are considered. Michael Howes requested input from the Commission regarding a workshop meeting to discuss the new PUD Ordinance. The Commission decided to hold a workshop on February 17, 1982, and invite the City Council. APPROVAL OF MINUTES: Minutes of the Regular Meeting, held December 9, 1981, were approved as submitted. ADJOURNMENT By proper motion the meeting was adjourned at 9:32 P.M. Respectfully Submitted, JAMES C. HAGAMAN, Secretary to the Planning Commission Ann R. Alleman, Minutes Clerk Marcus L'Heureux Rombotis Jose Farrow Schlehuber x