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HomeMy WebLinkAbout1982-03-24; Planning Commission; MinutesMINUTES M!!TING OP: PU-■l■C CODIISIO■ March 24, 1982 DAT! OP M!!TIMG: TIM! OP Ml!TIMG: 7:00 P.M. Pt.AC! OF MEETING: City Council Ch-bera CALL TO ORDER The meeting waa called to order by Chairman Farrow at 7:03 P.M. ROLL CALL Preaent -Parrow, Roabotia, L'Heureux, Joae, and Schlehuber. ~ -Prieatedt, and Marcus. Staff Membera preaent were: Michael Holzmiller, Principal Planner Bill Hofman, Aaaociate Planner Charle• Gri-, Aaaiatant Planner Michael Rovea, Aaaiatant Planner Richard Allen, Principal Civil Engineer Ex-Officio Member• preaent were: Jame• Hagaman, Planning Director Daniel Rentachke, Aaaiatant City Attorney PLEDGE OP ALLEGIANCE waa led by Chairman Farrow. PLANNING COMMISSION PROCEDURES Chairman Parrow explained Planning Co-iaa1on procedure• in ita capacity aa an adviaory C01aiaaion to the City Council, and identified thoae -ttera delegated to the Planning co-iaaion for a final deciaion. Chairman Farrow further explained the procedure obaerved by the co-iasion during public hearing iteati. r.ONTINU!D PUBLIC R!ARINGS 1. V-334 1 SIXP!NC! IDS -Requeat for a variance to exceed the aaxi-height reatrictiona for a freeway-oriented aign to identify uaes located on the north aide of El■ Avenue i-ediately adjacent to the Interatate 5 freeway off-ra■p. Michael Rolniller gave a ataff report on the -tter, and indicated thats-waa continued fro■ a previoua ■eetin~ due to a legal proble■ with regard to the definition of a freeway aervice facility. Mr. Rolniller continued that the ordinance indicate, that a freeway aervice facility ia the lot or parcel that ia risbt at the freeway on or off reap, and in order to allow sixpence to be identified it would take an a■endr.ent to th• Zonin1 Ordinance. The Aaaiatant City Attorney explained that the interpretation the City baa taken in the paat conflict• with the langua1e of the Ordinance. Re added that hie office aupporta Staff'• position, and auggeated that if th• c-i•aion cbo••• to 1rant the variance, a Zone Code ,Aaendaent ahould be initiated to addreaa the i11ue of freeway aervice facilitiea with co~n Iota auch a, this project. Cheiraan Parrow opened the public hearing at 7:16 P.M., •d extended the invitation to apeak. : I I r .: G) ' J MINUTES March 24, 1982 Pa,;e 2 The Co-i11ion recognized Mr. Donald Sodaro, Pre1ident of Sixpence Inna. Mr. Sodaro indicated that the 1ign i1 e11ential to a 1ucce11ful project, and a pre-condition to •tarting 1ame. He urged approval of the variance, and expre1aed willingne11 to re1pond to any que1tion1. The Co-i1aion recognized Mr. John Grant, 4056 Skyline Drive, Carl1bad. Hr. Grant indicated that he own, part of the Standard Chevron property, and 1poke in favor of the project. He f~rther 1tated that the variance to the height limit i1 needed for freeway visibility. C~ia1ioner Joie stated hi1 opinion that the present height limit and vi1ibility i1 adequate. Director Hagaman indicatP.d that Council had concern, regarding the sign regulation, and directed Staff to 1tudy 1tandard1 and regulation, relative to the height of the 1ite the 1ign wa1 on, and whether the freeway wa■ elevated or not, to obtain equity of vi1ibility for freeway 1ign■• co-i11ion di1cu1sion related to freeway vi1ibility of the pre1ent 1ign, and freeway-oriented uses identified by the pre1ent Ordinance. The Comi1sion recognized Mr,. Marian Johnson, 988 Grand Avenue, Carl1bad. Hrs. John1on expre11ed concern regarding the existing condition of the lot, and stated her opinion that Grand Avenue is not wide enough to accomodate the project. She ■poke in oppo1ition to the variance, and reque1ted denial of 1ame. Mr. Sodaro re1ponded that the 1treet will be widened with curb• and gutter, in1talled, and will mainly be used for eaergency acce1a. He added that the main entrance to the property will be in the front. Since no one el1e wi1hed to ■peak on the matter, Chairman Farrow clo1ed the public hearing at 7:40 P.M. The Co-i11ion di1cu11ed the future panel for adverti1ing an additional future freeway-oriented u1e. co-i11ioner L'Heureux expre11ed concern regarding the location of the panel for freeway vi1ibility, and 1u11e1ted the panel be incorporated into the larger 1ign, The c-i■1ion adopted the following Re1olution, approving V-334 ba1ed on the findin11 and 1ubject to the condition, contained therein; and approval by the Planning Director of the location of the future panel and the finding that•--i1 for a freeway-oriented u1e, and that 1aae be 1randfathered in under the old Specific Plan and esi1tin1 interpretation: USOLUTIOII NO, 1928, APPROVING A VARIANCE TO ALLOW A Pl!!WAY-Ollllff!D SIGN TO IXCl!O TH! MAXIMUM RIIGHT LIMIT IIY 8 FEET FOi A TOTAL SIGN HEIGHT OF 58 FUT, OR PROPDTY Gllf!RALLY LOCATED ON TH! NOITR SID! OF ELM AVINU! lll!TWl!N TH! INTERSTATE 5 ,UIWAY OFF-RAMP AMD HARDING STR!!T. The coaai11ion directed Staff to return with an a-nd-nt to the zone Code to revi1e the exi1ting require-nt, for airn• for freeway ee rvice facilitie,. Farrow L'Heureux Roabotie Joee Schlehuber Farrow L'Heureux Roabotie Joie Schlehuber Ci> ' I X X x · I I ,: l e , . I ; . I I I ,. l I I l' .. - MINUTES March 24, 1982 Page 3 COIIIIIISIONERS 2. ZC-255/CT 81-19/CP-1991 SHEFFLER. Requeet for approval of a Zone Change for a portion of the property fro■ R-A-10,000 to RD-H, a Tentative Subdivi1ion Map to create 50 1ingle family lot, and l condominiu■ lot and a condominium per■it to develop 33 unit, on the northweat corner of El Camino Reil and Che1tnut Avenue in the R-A-10,000 Zone. With the aid of a traneparency ahowing the location of the project, Michael Holzmiller gave the ataff report. Richard Allen continued the etaff report, explaining the Chestnut Avenue realign-nt atudy and traffic analyeia. He added that Staff feel, traffic will be mitigated by the i■provementa propo1ed by the applicant . Michael Holz■iller indicated that St•ff and varioua Co-i11ioner1 are rec~nding the following reviaione to Re,olution No. 1917: Condition 19 -Reviee to read, "The applicant shall place a deed reatriction on Lots~ and 42. " Condition 20 -Reviee to incorporate that the attenuation would be in compliance with the HUD noise euitability criteria. Condition 24 -Revi,e to reflect the intent was for 1creening on the individual lots, to be maintained by individual property owners once the lot• are aold. Condition 31 -Revi,e to read, "All private 1treeta and drainage 1y1tea1 ahall be maintained by the condo■iniu■ homeowner,' ft11ociation in perpetuity." Cond i tion 35 -Reviae to provide for improvement• to be in,talled in conjunction with the developaent of the project. Cond i tion 37 -Revi1e to provide for i■prove-nta to be inatalled in conjunction with the development of the project. Condi tion 45 -Revi,e to read, "All private 11treet1 aball be kept clear of parked vehicle■ at all ti-•, " Condit ion 48 -l evi ,e to incorporate tbe City'• Street,cape theme policy along the two 1treet1 to ellow a natural ,etting. Condition 49 -l eviae to provide hydroaeeding for vegetation to control ero,ion on the building pad,. Mr. Rolniller conti nued that alao of concern to variou, ca.aieeionen, but not relat ing to epecific condition,, wu t he 1rade of the driveway, a, ateeper driveway, ~ere a tradaoff to ■iniaiae 1rading; that the condo■iniu■ portion be do•elope• prior t o or concurrent with tbe 1in1le fa■ily portlODi aad tbe realipaant of Street "C" to -ke a .-ooth conaection with St reat "A". - ' ,. ' ... MINUTES March 24, l Q82 Page 4 Chainun Parrow opened the public hearing at 8:08 P.M., and extended the invitation to apeak. The Co-iaaion recognized Mr. Ronald Null, 2124 !1 c .. ino Real, Oceanaide, Attorney repreaenting the applicant. Mr. Null referenced Condition No. 18 of Reaolution No. 1917, And requeated that•-be deleted. Re indicated that he aub~itted a propoaed deed reatriction to the City Attorney, and with aoae modification• he has approved it. Mi-. Null continued that the applicant would agree to a condition reatricting phaaing, to allow the condo■i~iuas and aingle faily hoaea to be developed eiaultaneoualy. Re added that after the reviaion• were -de to the -P the applicant sent out letter• to reaidents and ho■eovners in the area outlining the change• made. In conclusion, Mr. Null requeated approval of the project, and expressed willingneas to reapond to any queations. The Cow.iesion recognized Mr. Bob Ladwig, Rick Engineering, 3088 Pio Pico, Carlsbad. Mr. Ladwig stated that they are in agreement with the condition• reco-ended by Staff, the addition of the noise requirement to RUD atandards, and the realignment of Street "C". Mr. Ladwig continued to atate that the applicant i• alao in agree■ent vith the co-nta made by Richard Allen with regard to the traffic i■pact• created by the project, and requested approval•-· The Coanission recognized Mr. Jim Clausen, 2120 Janis Way, Carlsbad. Mr. Clausen indicated that he was speaking for aollN! of tha reaidenta in the area, and atated that they are in agreement with the reviaed project. The co-iaaion recognized Mr. lev1n lelao, 3635 Catalina Drive, Carlabad. Mr. lelao atated hie opinion that the project ia feasible; however, expreaaed concern with regard to the a■ount of greenbelt it provide•. Since no one elae viahed to speak on the -tter, Chainun Parrow closed the public hearing at 8:20 P.H. ca..iaaion diacuaaion reflected the poaaible deletion of Condition No. 18 regarding the deed reatriction, and the developaent of both the condo■iniuaa and single faily hoae• aiaultaneoualy. eo-iaaioner Schlehuber expreaaed concern that there are no pro•iaiona for an -rgency exit. With regard to the deed restriction, the Aaaiatant City Attorney explained that•-would require private enforc.-nt, and Staff auggeated that it be indicated on the final aap rather, than a deed reatriction. The coaiaaion directed Staff to prepare the neceaaary doc ... nta recoa■ending approval of ZC-255/CT 81-19/CP-199; with tha re•i•ion• outlined by Staff, the incorporation of Conditions Ro. 18 and 50, the require-nt for approval b,- the Planning Director with regard to the noiae attenuation aloes 11 Caaino Real, clarification of the engineering condition regarding the widenina of Chestnut Avenue along th• south aide, and_t~• addition of a condition rel~ting to the phasing requ1r1ng the R-1 to be developed prior to or concurrent with the condo■iniu■ developaent. ...... ' ·: Parrow X L'Reureux I ·. Roabotia X ' t Jose X Schlehuber X ,·' 1 .: @ '·' ~ ~ ' .11 ... ~h -------------------------~ MINUTES Huch 24, 1982 Page 5 NEW PUBLIC HEARINGS 3. CUP-211, MIZERA. Re~ueat for a Conditional Use Permit to allow additional video games in conjunction with an existing delicatessen in the C-2 Zone. With the aid of a transparency showing the location of the project, Michael Holzmiller gave a staff report on the matter. He indicated that Staff still has concerns regarding this type of use in the redevelopment area; however, is reco-ending approval as it will be operated as an adjunct to an existing, established business. Chairman Farrow opened the public hearing at 8:44 P.M ., and extended the invitation to speak. The Co-iaaion recognized Mr . Hana Mizera, the applicant. Mr. Mizera stated that hie request is geared toward a family oriented uae, and indicated that in contacting ad;oining businesa ovnera he received no objectiona. Mr. Hizera referenced the restrictions regarding alcoholic beverage• and no children during school hours, and stated hie opinion that same is discriminatory. He auggeated that auch reatrictiona should be placed on all busineaaea with video games. Coaaiaaion diacuaeion related to Condition No. 4 of the Reeolution with regard to alcoholic beverages, and the potential impact on eurrounding buaineaaea and the redevelopment area. The r.oa111i11ion recognized Mr. Harold Clarke, 824 Caminita Del Reposo, Carlabad. Mr. Clarke expressed concern regarding approval of the CUP due to the potential impact it will have on the surrounding bu1ine11e1, and spoke in oppoaition to the requeat. The C011111ia1ion recognized Mr. Hal Zack, 3969 AdUl8 Street, carlabad. Hr. Zack apoke in favor of the application; hovever, indicated he would be oppoaed to any new arcadea in the village area. He added that he is in favor of this CUP due to the fact that it i1 an addition to an exiating quality buaineaa, and urged approval of aame. The co-iaaion recognized Mr. Gene For1yth, 585 Grand Avenue, Carlabad. Hr. Forayth apoke in favor of the application, and requeated conaideration of aame. Since no one elae viahed to apeak on the matter, Chairman rarrow cloaed the public hearing at 9:07 P.H. ca.aiaaioner Schlehuber referenced Condition No. 2 of the aeaolution, and auggeated that ■-e be reviaed to apecify that the CUP ia only iaaued to thia applicant, in the event of a change of ovnerahip. It waa noted for the record that Staff received a letter froa Kr. John Landry regarding the project . - @ ' ' I ' ' 1 ' I I ' ' :, .. :· ' l ,, ,. Ir MINUTES March 24, l 982 Page 6 The Co-i11ion adopted the following Re1olution approving CUP-211, ba1ed on the finding, and 1ubject to the condition, contained therein; with the following revilion1: 1-Revi1ion of Condition No . 2 to reatrict the granting of the CUP to Mr . and Mr1 . Rani Mizera; therefore, not a1signable to any other owner or le1aee. 2-Revi1ion of Condition No. 4 to read, "No alcoholic beverage, 1hall be con1umed at the site." 3-Deletion of Condition No. 6. 4-Addition of a condition re1tricting the maximum number of machines allowed under thi1 penait to twelve 02). RESOLUTION NO. 1934, APPROVING A CONDITIONAL USE PERMIT TO ALLOW VIDEO GAMES IN CONJUNCTION WITH AN EXISTING DELICATESSEN ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OP GRAND AVENUE AND ROOSEVELT STREET AND ADDRESSED AS 595 GRAHD AVENUE. 4. CT 82-3/CP-2031 JEREZ COMPANY. Request for a 6 unit Tentative Tract Map and Condominium Permit on a .38 acre lot at 7506 Jerez Court, La Co1ta, in the RD-M Zone . Bill Hofman gave a staff report on the matter, with the aid of a tran1parency shoving the location of the project. Chairman Parrow opened the public hearing at 9:11 P.M., and extended the invitation to speak. The co-ission recognized Mr. Bob Wilkinson, 3331 Poster Street, Carl1bad, repre1enting the applicant. Mr. Wilkin1on reque1ted a,proval of the project, and expre11ed villingne11 to reapond to any queationa. Since no one el1e vi1hed to 1peak on the matter, Chairman Farrow clo1ed the public hearing at 9:14 P.M. Th• Coaai11ion approved the Negative Declaration i11ued by th• Planning Director, and adopted the following Reaolution approving CT 82-3/CP-203, baaed on the findinaa and aubject to the condition• contained in the ataff report: USOLUTION NO. 1929, APPROVING A 6 UNIT TENTATIVE TliCT iilP lib COIDONINIUM PlllMIT ON PROPIRTY QIDIALLY LOCATID AT TRI IND OP J!UZ COURT IN LA COSTA. UCISS -aiainun Farrow called a receas at 9:14 P.M., and the c~i11ion reconvened at 9:27 P.M ., with five -■ber1 preaent. .....__ ------ Parrow L'Reureux I Roabotia Joie Schlehuber Parrow L'Heureux Rr-.boti1 Joie I Schlehuber X I I X I X I I I I . , ' ., ' ' .. ..... ;, ~· I<' .. MINUTES March 24, 1982 Paj!e 7 5. ZC-240/SP-1821 ELM PROPERTIES. Request to change the zone froa R-1-10,000 to Rea1dential Profesaional (RP) and approval of a Specific Plan on property located on the northeaat corner of El Camino Keal and Elm Avenue. With the aid of a tranaparency ehoving the location of the project, Charle• Gri-gave the etaff report, eaaentially aa contained in the written report. Chairman Farrow opened the public hearing at 9:36 P.M., and extended the invitation to ■peak. The co-iesion recognized Mr. John Bailey, Executive Vice-Preaident of Luaardi Conatruction Co111pany. Mr. Bailey co-ended Staff for their aaeistance on the project, and gave a brief introduction on the matter. The Co-isaion recognized Ma. Xaren Rarriaon of Sealand DE~elop11ent, 1570 Linda Viata Drive, San Marcos. Me. Harri~on gave aome background on the project, and with the aid of a wall exhibit outlined the site plan. The co-iasion recognized Mr. Don Schoell, of Schoell & Paul, Inc., 755 Union Street, San Diego. With the aid of a wall exhibit, Mr. Schoell outlined the revised elevation• and site plan. In reaponae to query by the applicant, the Aaaiatant City Attorney explained that the adoption of a Specific Plan or General Plan require• a -jority vote of all of the member• of the Coaaiaeion, rather than a majority vote of the quorum. The co-iasion recognized Mr. Xennet'n Lounsbery, Attorney repreaenting the Luaardi Conatruction Co■pany, 1570 Linda Viata Drive, San Marco■• Mr. Lounat,ery addreued traffic circulation, and indicated that the applicant reco-enda acceas to Roap Way, and two curb cute to El c-ino Real, which they feel ia conaiatent with the General Plan. The co-iaaion recognised Mr. Charle, Strong, of Federhart Aaociatea. Mr. Strong reaponded to co-iaaion queationa regarding traffic circulation • ca.aiaaion diacuaaion related to alternative acceaa onto 11■ Avenue, ■itiaation of traffic circulation, and i■pact oath• traffic due to the propoaed drive-thru facilitiea • eo-iaaioner Joae atated he voted againat the &one change in th• paat, and •~preaaed hia opinion that there ahould be aoae for■ of reaidential development aouth of Roap Way and north of thia project aite. eoa■iaaioner L'ReureUJl expreaaed concern with regard to the propoaed financial inatitution on the aouthern corner, •d aqgeated that ace••• be provided at the northern end of th• co■plex. Th• ca.aiaaion directed Staff to prepare the neceaaary docuaent1 approving ZC-240/SP-182, with the appropriate condition,. cJlairaan Parrow continued the public hearing. . '. I .; ' ~- cJ' i 'i ..: ' Parrow L'Reureux ". l.o■botia ' Joa• ~ Schlehuber ~ ci) ,ti, } ~~ X . -~ .~ MINUTES March 24, 1982 Page 8 COMII-ERS \f,." 6. CT 82-2/CP-2021 CHINQUAPIN INVESTMENTS. Requeet for approval of a Tentative ~ubdivieion Map and Condominium Permit to develop 14 unite on the aouthveat corner of Harriaon Street and Chinquapin Avenue in the RD-M Zone. With the aid of• tranaparency ahovin~ the location of the project, Bill Hofaan gave a ataff report on the matter. He indicated that Staff ie rec~nding Condition No. 17 be revi,ed to incorporate that the noi1e attenuation vould be in compliance vith the HUD noi1e ■uitability criteria. Chairman Farrov opened the public hearing at 10:51 P.H., and extended the invitation to ■peak . The Co-i■eion recognized Mr. Joe Sandy, who indicated they are in agree-nt vith the Staff reco111111endation. Mr. Sandy reeponded to Co.aieeion queationa with regard to affordable houeing, and requeeted approval of the project. Cm.iaaion di■cuaeion related to Condition No. 18 of the Reeolution regarding a reatriction on the price of three of the unit ■, and the enforcement of ■ame. Chairman Farrov euggeated that Condition No. 18 be modified to reatrict that three (3) unit■ not be aold in exceaa of $80,000 and include the condition• that the buyer be a fir■t time buyer, owner/occupant, and no reaale for one (l) year. Mr. Sandy indicated he would agree to a co~dition that the Nouaing and Redevelop-nt Department qualify the buyer• for the three unite. Bill Hofaan reaponded to Ca-iaeion queation■ regarding parking and a-nititea for the propoaed project. The co-iaaion recognised Mr. Michael O'Gara, 3229 Valley Street, Carlabad. Mr. O'Gara addrea,ed the aetbacka and parking, and expreaaed villingne,, to reepond to any queationa . Since no one elae wiahed to apeak on the matter, Chairman Farrow cloaed the public hearing at 11:04 P.H. The Ca-iaaion approved the Negative Declaration ieaued by the Plannlng Director and adopted the following Raaolution, approving CT 82-2/CP-202, baaed on the findina• contained therein; with the aodification of condition No. 17 aa rec~nded by Staff, and the aodification of Condition No. 18 a■ outlined by the Chairaan: 7. RISOLUTION NO. 1930, APPROVING A TENTATIVE s111btvts10M iiAP AND coNDOttINIUM PERMIT To DEVELOP 14 UNITS ON PIOPDff C!NIIALLY LOCATED ON TH! SOtrl'HW!ST COUii or UUISON STlll!T AND CHINQUAPIN AVENUE. ZCA-132 Ciff OF CAILSBAD . An a-ndment to the t"onln1 Ardinanca creating the Planned Development Ordinance. aiainaan Farrow opened the public hearing at 11:07 P.H., and .extended th• invitation to apeak. I Parrow X L'Heureux X loabotia X X Joee X Schlehuber X . ';· C· ; .- J :. ' ' ' "'"'I r\ MINUTES ~ ~\ March 24, l 982 Page 9 COMMISSIONERS i~~" The Co-ieeion recognized Hr. John McCoy, 390 Oak Avenue, Carlsbad. Hr. McCoy expreeeed concern with regard to the eection dealing with frontyard setback, f rom the garage•, and eug~eeted that 111111e be revieed to 20 feet if there will be parking in front of the garage. The Comniesion recognized Hr. Joe Sandy, 2956 Rooeevelt, Carlsbad. Hr. Sandy addressed the section dealing with driveway widths, and stated his opinion that the widths outlined in the Ordinance are not needed. Re further requested that Staff ~ive consideration to same . Chairman Farrow continued the public hearing. With regard to the eetbacks from the garages, Bill Hofman explained that the Ordinance is set up for a garage facing the street which must be setback either lees than five or greater than ten feet. With regard to street and driveway widths, Mr. Hofman indicated that the figure, are baaed on input received from the Police, Fire, and Engineering Department,. Following brief diacueeion, the Co111Di1sion continued the matter to the meeting of April 14, 1982, to allow for a full Co111Di11ion. DISCUSSION ITEM 9. MP-149(1)1 DAON CORPORATION. Request for a minor amendment to the La Costa Master Plan text, eliminating a requirement for Neighorhood SE-15. With the £id of a traneparency showing the location of the request, Charle• GrilllD gave the staff report, e11entially a, contained in the written report. The Co111Di1sion adopted the following Resolution, approving HP-149(1), baeed on the findings contained 1n the staff report: RESOLUTION NO. 1935, APPROVING A MINOR AMENDMENT, PAGE 111-17 OF TH! LA COSTA MASTER PLAN, HP-149(!), ALLOWING THE SEPARATE DEVELOPMENT OF NEIGRIIORHOOD SE-13.· APPLICANT: DAON CORPORATION APPROVAL OF MINUTES Minute• of the Re~ular Meeting, h~ld March 10, 1982, were approved a• corrected; Page 3, under Item No. 4, paragraph 2, changing "co-iuioner Ro■botie ," to "C~iaaioner Joee." ADJOURNMENT By proper motion the meeting wa1 adjourned et ll :20 P.H. Re1pectfully Submitted, ,--J --7 jf-/~ a■e• C. Hagaman J' ecretary to the 1lanning co-i1eion Ann R. Alle■an, Minute, Clerk .... Farrow X L'Reureux X Ro■botie X X Joie X Schlehuber X Farrow X L'Reureux X 'Ro■boti1 X Joee X X Schlehuber X Farrow I L'Reureux I Ro■botil X I Joie X Schlehuber I i l ' :' l { . •·. ' ~ ! \ ' ~ l