Loading...
HomeMy WebLinkAbout1983-03-23; Planning Commission; MinutesMINUTES Meeting of: ~:ni_; a:M1ISSIOI March 23, 1983 Date of Meeting: Time of Meeting: 7:00 p.m. Place of Meeting: City Council Chamers CALL 'ID CRER: 'Ille meetir¥,J was called to order by Chairman Schlehuber at 7:03 p.m. PLEIXiE OF A.LUX;~ was led by Chairman Schlehuber. Chairman Schlehuber announced the Planning Comnission Procedure as printed on the reserve side of the Agenda and gave a st-rt s1.I111Mry of the Procedure. IOLL CALL: Present 0,airman Schlehuber, Comnissioners ~tis, Marcus, Farrow, Rawlins and Friestedt. Absent -Comnissioner Jose. Staff Ment>ers Present: Bill Hofman, Principal Planner O,arles Grimn, Principal Planner Ex~fficio Ment>ers Present: Michael Holzmiller, Land Use Planning Manager Daniel Hentschke, Assistant City Attorney i:«,y Kackley, City Engineer Nail PUBLIC HEARilGS: 1. MP-150(O) ZC-273/PUir51/CT 83-3, WARD A request for a five-lot tentative tract map and planned unit develO(:lllent along with a pre-annexational zoning and master plan amendment on property located at the eoutherly end of Glasgo,, Drive adjacent to Tamarack Avenue in the P--C za,e. Bill Hofman, Principal Planner, gave the staff presentatioo, using a transparency of the location map and a transparency showing the map is oonsistent with the Calavera Rills Master Plans, as the lots are oonaiatent with the lots already there. A Statement Regarding Coodition 26 Tentative Map CT 83-3/PUD-51 was proYided to the CClmdssion by the City Attorney. Chairman Schlehuber q>erled the public hearing at 7: 08 p.m. and iuued the invitatioo to speak. Mr. Pat O'Dlly, O'Dlly Ccx\sultants, 315 North Clementine, OoNneide, nipre&entir¥,J Mr. ward, addressed the coa1aaion, stating th.at staff's presentatioo was 00111>lete, and he was available for art'/ questions the cx-duian might have. Mr. O'Dlly also indie11ted that he felt eteff did an exoell t job in processing this IIA)lioation • • Roy Nard, 3065 Madison, Carlsbad, the ltA)liamt, read the foll.owing tatement into th record: tat.ran 51 arding Cooditioo 26 Tentativ MIii> CT 83- MINUTES March 23, 1983 Page Condition 26 was ooded to the conditions for this tentative map by the City Attorney's office after the D.C.C. review without consultation or prior knowledge afforded to the applicant. DJe to the pending litigation involving the City of Carlsbad and a conpany managed by the awlicant, the following statement should be included in the record of this meeting and public hearing. 'Itiat the inclusion of this condition as a condition of this tentative map approval does not constitute awroval or dis~roval of this condition by the awlicant; and by its inclusion it shall not be construed as an aa::JUiescence by the applicant or any of its affiliates or &9sociates, of the propriety, legality conpliance with any statutory requirements of the City of Carlsbad, in relatioo to the pending litigation between the City of Carlsbad and Lake Calaveras Hills Associations involving Tamarack Avenue reintiursement. Upon question from the Cannission, Mr. Ward stated this applied to resolutioos 2094 and 2095, so would be condition 26 in 2094 and condition 2 in 2095. Chainnan Schlehuber asked aoout Mr . Ward's interpretation of the 15 foot back yard, and Mr. Ward answered that the pads were built to the same standards as the rest of the lots in that area and the 15 foot yard means flat area on the west (Tamarack side) adjacent to the dwellings. Chairman Schlehuber stated he uooerstcx:x:l there was a l ine with lots 26, 27 and 28 and a hcrneowners' associatioo they are joining into and that association IIOl.lld take care of everything except the 104-foot pad, through the C.C.& R. 's and conditions of Tract 76-12. Mr. Ward confirmed th is information was correct. Since no ooe else wished to speak on this matter, the p..iblic testuoony was closed at 7: 16 p.m. 'Itie Pl anning Cannissioo awroved the Negative Oecl aratioo issued by the Land Use Planning Manager adq>ted the following Resolutioos as amended: (one rroticn) R&SOUJI'I~ 00. 2094, APPRJ\,TIN:; A FIVE-1.0I' TDITATIVE TRACT~ AND PINffloD UNIT DE.VEWPMENT ~ PIOPERI'Y c»mRALLY LOC'ATED ~ 'fflE SOO'lfl END OF GlASCD1 DRIVE • .AMmDED WJ':m ~ COIDITI~ 26 AND wrm AMDIDED and CXK>ITI~ 15 'IO SPOCI F'i A MINIKJM DEP'Ill AND WID'lfl OF 15 FEET. R&SOUJI'I~ 00. 2094, RECXM1END~ APPRJVM. OF A MA.STER PLAN HE04l!Nl' 'ro EXPAND 'IRE OCl.JNDMlIB OF 'IRE CAI.AVERA HILLS ""8T'ER PLAN AREA~ PJOPERI'Y GENERALLY LOC'ATED ~ 'l1iE ED.mfERLY END OF GI.AS(XJrJ DRIVE. AMmDED WI'lll NEW cnmm~ 2. 2. OJP-42 ~I) , CARlSBAD RACDlAY CORP. -Request for IIA'roval o an amerdnent to a conditional use permit to allow th al of beer at special events held at car 1 Raoewoy. Bill Hofman th staff presentaticn, as cx:>ntained in th taff report. Schlehuber X lb!tlotis X X Marcus X Farrow X Rawlins X Friestedt X 6) MINUTES March 23, 1983 Page Cllairman Schlehuber opened the public hearing at 7:19 p.m. and issued the invitation to speak. 'nle af4)licant was present, but did not wish to make a presentation to the Comnission. Mr. Rans Ledr i, who owns 20 acres adjacent to the Raceway, acljressed the Comnission. Re stated he was also representing his neighbor, Mr. Jack Adams. Re stated he was opposed to the selling of beer at the Raceway, inasnuch as he had suffered dairage to his prq,erty at the hands of the canpers, and his neighbor had al$o had damage which necessitated calling the Fire Department as well as the Police Department. Conmissioner Farrow questioned the af4>licant, Mr. Grismer, as to why he had made no presentation tcnight. Mr. Larry Grismer, 28119 Via Gavilan, San Marcus, the npplicant, stated the plan for dispensing the beer would be the same as presented before. In the interest of saving ti.me, Mr. Grismer stated he did not make a presentation to the Conmission. He stated he had made a presentation to the Police Department. Oller the years he had made extensive presentations and had a 20-year history of keeping his word. Re felt at this ti.me if people wanted to drink beer, it oould be controlled better by selling it rather than letting them bring their own. Mr. Grismer stated that in the past he did not want the respau;ibility of selling beer, but now with the oooperation of the Police Department, and with a Police Officer at each stand, he felt there would be no problem. No beer oould be brought in, and if anycne has too nuch to drink, they will not be able to purchase any nDre. As far as the neighbors are concerned, Mr. Grismer said they would have no damage as long as they allow the police to c:x:ime on to their property to protect it. The overnight canping has been st~, and Mr. Grismer stated he stopped that voluntarily. This action rut cllwrl the gate approximately 501, but it was in the best int rest of the raceway. Mr. Grismer said he placed th bl on the City of Carlsbad at the time he st~ the canping, rut it was his own idea. There has not been III problem with the drinking at the raceway, but this shoold p vent any problem developing with the strict enforcement that will acoonpany the dispensing of th beer. In answer to a gueetioo fran the Conmissioo, Mr. Grismer said they will th beer in paper cups, so there will not be the problem of bottl a as there was with paque bringing in bottled beer. 'ltlis will enable Mr. Gri r to get an appropriate &pal&or foc the races and will enabl the manag t, together with the Police n.-..r~lll'lt, to control the use of aloohol. Nr . Nr . Conmission, stating that the raceway as it was no l wish to oo this matter, the i c tee i.rllony w cloeed at 7 1 3 1 p. m. MINUTES March 23, 1983 Paqe 4 Chaitm:ln Schlehuber announced that Conmissioner Jose had asked him to express his CJl'.lX)Sition to the amendnent to CUP 42. In response to a question of the running time on a CUP, Mr. Hofman explained this CUP was tied to the other permits oo the raceway, which will taken up in July. The Assistant City Attorney stated as long as the raceway in is q:,eration, they a:iuld sell beer at five special events. If an expiration date were put on this CUP, it might expire after the other permits. Chairman Schlehuber comnented that if the Conrnission decided to review this particular CUP, they could do that at any time. In response to a Comnission inquiry, Mr. Holzmiller s tated that there would be an Officer at each of five stations and one Officer at the front qate. carrnissioner Friestedt il"Qllired as to the total nurroer of Police Officers involved, and staff did not have an exact nurroer, rut there would be five beer stations with an Officer at each station and one Officer at the entrance gate for AOC requlations. Camussioners Rartx:>tis and MarC\ls agreed that with the coopetation of the Police Depa~nt, this would be a better way to handle the dispensing of beer. Camussiooer Farro,., felt nost of his concerns regarding the control factor had been answered satisfactorily, and as long as the CUP oould be reviewed at any time there was a problem, he was in agreement with the plan. The Planning Ccmnissioo adopted the following Resolutioo: RESOWTIOl 00. 2093, APPR'.JVING AN~ TO A a:JmITIOW:. USE P~IT TO~ 'll!E SALE OF BEER AT SPOCIAL E.VF.N1'S HEW AT 'lllE CARLSRM RACEWAY. 3. Zc.A-158, CITY OF CARLSBAD -An amendment to the :roni ng ordinance to allow second residential units in single fami ly zones . Charles Grimn, Principal Planner, gave the staff presentation, M oontained in the staff report. He explained staff had looked at other ordinances, but felt this one was the ll'06t viable. Comnissioner Marcus questioned Item C on page two as to whether that was in the State law that the owner nust live on th property. Staff replied they had added that stipulatioo. O:lfflnissioner Mar cus stated she oould think of. situations where the main unit would be rented to l!l(lll80ne elae and they would have a problem with renting th second unit. ABeietant City Attorney stated that could be amended in the 01."'dinanoe. He f lt staff 's intent was to require th peram reaponsibl f<X the oontrol of the property to Schlehuber X Rartx:>tis X Marcus X '( Farrow X Rawlins X Friestedt X © MINUTES March 23, 1983 Page 5 be an occupant, but where the primary control of the property is a lessee, that could be taken care of by rewording the ordinance before it goes to Council. '!he people in the second unit do not have to be related to the people in the first unit. Chairman Schlehuber q,el'led the public hearing at 7:44 p.m. and issued the invitation to speak. Since no one wished to speak on this matter, the public testim:>ny port ion was closed. Conmi.ssioner Farrow expressed concern al::out not allowing the unit to be detached if it met all conditions. Staff said they felt it would be 110re conpatible if attached. Mike Holzrniller, Land Use Planning Manager, explained the provision of addinq 300 SQUare feet, by statinq that footage could be added to an existing unit, and then another 300 square feet added to make the second unit. If the lot were 10,000 square feet or 110re, then the unit could be detached and not change the density. '!he Assistant City Attorney stated this point was worked on extensively, and the main object was to keep the R-1 mne and not change to R-2 .md destroy the marketing ability of the prq,erties. It was felt two families could live on one prq,erty if certain conditions were net. On the smaller lots, it would look like an R-1 house if attached, but on the large lots, if all other oonditions could be met, the second unit would be detached and still not destroy the R-1 zone. If anyone needed to dlange th is, a variance could be applied for and a detadled unit could be allowed in 7,500 square feet lots. Carmissioner Farrow said his CXX1cern was about the dlaracter of R-1 or single family subdivision or <Xlllllllnity, and he was not oonvinced this part of the ordinance addressed this problem, because the character of an area could be destroyed if a large percentage of hanes had second units. He gave as an exant>le, that if a,e hundred percent of the people in an area added the seoond unit, that would then destroy the R-1 zoning and create traffic problem and landscaping proble1113. He was in agreement with the ordinance, but wanted to be certain provieioo No. 7 would be brought before the Planning c.amtiasioo for approval. Staff oonfirned that it would be brought before the Colllnission. Chaitmn Schlehuber 0011111ented that ix>tentially this would !Nike everything a duplex. 'ltle Aaaiatant City Attorney camiented on the concern with It• A-1. He stated the U.S. and California Supt:W119 Courts have decided that a family is not only an ext nded faily-uncles, cousins, etc.-but any group of people living together as a bona fide fmnily. It was hoped that by requiring the primary person to oversee who lived in the seoond unit that sanaone oonpatible would be c:hoeen. 'ltie wording could be changed to add: •or leeeee of the owner responsible to owner in one of the units•. 'ffle Colllniasioo diaOJssed the possibility of the peraon in th primary unit not being responsible aa far u ith r unit w• ooncemed. (l) I MINUTES March 23, 1983 '& ~ Page 6 COMMISSIONERS i~~" canni.ssioner Friestedt said that staff and the City Council were trying to avoid turning the older secticn with lots of 7,500 square feet or less into a rental area with <ilplexes in an R-1 zone, and he felt this was the best they could do in that regard. canni.ssioner Farrow stated he was not in favor of the provisioo A-1 as it is written. Mr. Grimn stated staff realized this provision would be difficult to enfcrce, but felt if an absentee owner was going to use a serond unit just as a rental, perhaps this provisioo would discourage that. canni.ssioner Rawlins asked who would enforce this and Chairman Sdllehuber answereeed the Police and the City Attorney. 'Ibe Building Department would check to see if standards were net. Comnissicner Friestedt suggested sending ordinance back for rework. Comnissioner Marcus felt it could be sent forward with instructicns to do sooething about A-1. A rrotioo was made to awrove the Negative Declaration issued by the Land Use Planning Manager and adopt Resoluutioo No. 2100, anending A-1 to include the language the City Attorney addressed with regard to the lessee responsibility. 'Ibe rrotioo resulted in a tie vote. A notioo was made to awrove the Negative Delcaration issued by the Land Use Planning Manager and adopt Resolution No. 2100, eliminating section A-1. 'Ibe notion resulted in a tie vote. A notion was made to oontinue the item and direct staff to rework with input of Comnission and bring back before a full Cafflli sion. 'Ibe notioo was not seconded. caausaimer Ralt>otis reintroduced the first notion and Chairman Sdllehuber changed his vote to yes to carry the notioo. Chainen Schlehuber then noved to reoonsider that YOte and C<alissimer Ramotis rescinded his notloo. 'ltle Planning Ccmnissioo voted to oontinue the item until a full Cca\iaaioo ls present to vote. 4. ZCA-163, CITY Cl' CARIBIW) -Amencbent to Residential ld,ile Raiiii Park iciie deleting a reference to the Plamed l>e'Velopnent Ordinance. Qlarlee Ori.a, Principal Planner, gave the staff r---·-•tion on thia it , as oontained in the staff nipcr . Schlehuber Rarbotis Marcus Farrow Rawlins Friestedt Sdllehuber IDttx>tis Marcus Farrow Rawlins Friestedt Sdllehuber lbrbotis Marcus Farrow Rawlins Frieetedt X X X X X X X X X X ll X ll X ll X X X X X X MINUTES March 23, 1983 Paqe 7 Cl)afrman Schlehuber q:,er,ed the public hearing at 8: 18 p.m. and issued the invitation to speak. Mr. Hiram Hoskins, 7307 San Luis, Lake Shore Gardens ,t:ibile Hare Park, addressed the Comnission, asking for clarification of this amendment, and staff informed him this was only an amendment to the existing ordinance that Mr. Hoskins had obtained fran staff. Since no o,e else wished to speak on this matter, the public testim:lny was closed at 8:21 p.m. The Planning Comnission approved the following Resolution: RESOI.m'IOI 1'0. 2099, RE<XHIEND~ APProvAL OF A. ZOOE a:DE A.MDIIJ4ENI', ~~ TITLE 21 OF THE CARLSBAD KJNICIPA.L <Xl)E BY THE AMmINml' OF SECTIOI 21.37.120(b) ro RE.VISE THE ~Im SECTIOI OF THE RESIDENTIAL MJBILE !«:NE PARK ZOIB. DISCIBSI~ I'ID1: 5. PCD-42, RICHAROOOI BJOmERS -Request to develop an auto dealership at the southeast corner of Paseo Del NOrte and Cannon Road in Car Country. Charles Grimn gave the staff presentatioo, using a transparency to show the site plan. He stated the aR'.)licant had agreed to provide additional landscaping on Cannon Road and special landscaping at the oorner up to 30 feet deep in the middle and 16 feet at the edges. 'nle shrubbery would be a ma.xinum of 30 inches hiqh to maintain the visibility. Chairman Schlehuber noted the applicant was present, and although this was a discussion item only, if there were questions, the llR)licant could answer them. Mr. Tan Ric:hardsoo, 2568 State Street, addressed the Qnnission. He stated he wanted to call attention to some inoonsistencies. weseloh Chevrolet did not have to p.1t in landscaping~ is being required on this project; Mr. Ric:hard8a'l is waiving any future right to access fran Cannon Road1 Chevrolet displays cars to the prq,erty line and Mr. Richardson is being required to go 30 feet across the diaQOOal with landscaping on the oorner. Chait1111ln Schlehuber stated that a mistake allowed in the t that should not have been allowed should not be oontinued at this time. Qnni i r Farrow ked if this had been a mistake, or w it allowable at that t 1me, and Mr. Gri.mn stated it allowed at that partiC\llar time. Olalniasicner Fri tedt expre sed his concern with regard to the landlloaping requirement. Car Country is an auto dealership perk ig for the purpose of rendering bu fer and u ed care. In order to oonduct that buaineu, }'Q.I et be abl to show the product and a 16- w-n and l oaping is a hinderance to OQld.lct.lng buaineea. It is a detr nt to the project for" doing what they r upposed to do in th t auto park. felt they ahould re<XlMider that requirement. Schlehuber X Ramotis X Marcus X Farrow X Rawlins X Priestedt X X MINUTES March 23, 1983 Page 8 Mr. GrUlll'I stated one reason staff tried to discourage oars in the oorner is that it is a major arterial and part of the landscaping is in the public right-of-way. 'l1'le transparency was shown again to indicate the landscaping was oonsistent with that required on a major arterial. Comnissioner Marcus said she had looked at the intersection today and did not feel the Chevrolet access was a mistake. 'ltlere is quite a distance after the turn bef~ the driveway and she felt it was workable. She thought the landscaping would be nore attractive and perhaps an over-all plan was needed for that area. Cit:y Engineer Roy Kackley stated cars 11Ust be seen on the arterial as they approach the oorner, and if those oars can be seen, the cars on the lot could also be seen. Comnissioner Priestedt agreed with staff with regard to the access fran Cannon Road, but felt 16 feet of landscaping reduced the parking lot size and was a hirderance for business. He was in favor of rerroving that stipulation. The applicant suggested that since the landscaping ,.,,.--vUld be ten feet oo Paseo Del Norte, he would be agreeable to the same landscaping on Cannon Road. '1tle Planning Carmission adopted the following Resolution as amended: RG:DI11I'IOI 00. 2097, APP~ A REX}UEST TO DEVELOP AN Alffl" DF>.LEPSRIP A.T 'l1IB 9:X.J'fflFAST CORNER OF PASEX) DEL ~ AND ~ Ia\D IN CAR <XXJNTRY, AMENDED Wlnl r.EXaMD 'ro ~IN, OI ~ R'.).l\[) TO BE IDENI'ICAL wrm 'fflAT OI PA.SEX) DEL OORTE. INF"OlfllATIOI I'lDI : 6. MIN:lR OIAM.E 'ro a.JP-190 -SUDi\N INTERIOR MISSIOI. Mik Holzmiller, Land Use Planning Manager, explained the was no need fer a formal report as th is is an 1nfcrn111tioo it only. The awlicant will add one unit tt> the originally awroved project. 'Dle Planning Cc:alliaaioo fourd this amerdnent to be aincr in natl.lre and tantially in oonformance with 290. Staff was directed to amend the file accmdi.ngly. Minutee of. the ing held March 9, 1983, were IIJEl~Md• preeen ed. chlehube at.at.-. th Minutes of the Planning cua:i.-ion ahculd not t. arrived of a if no bu ineea h«J been conducted. Schlehuber Rootx>tis Marcus Farrow Rawlins Priestedt Schlehuber ~is Marcus Farrow Rawlins Priestedt Schlehl.lber Joltx>tis Marcus Farrow Rawlins Frieetedt X X X X X X X X X X X X X X MINUTES March 23, 1983 Page 9 ~: By proper notia,, the meeting of March 23, 1983, was adjourned at 8:38 p.m. Respect.fully submitted, ...,:o.c,~.ala \ MIOW:L J. Land Use Planninq Manager Harriett Babbitt, Minutes Clerk MEETllG', ARE Al8) 'I?J>ID AND KEPT 00 FILE UN'l'IL APPRJVED.