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HomeMy WebLinkAbout1983-09-14; Planning Commission; MinutesMeeting of: Date of Meeting: T i111e of Meeting: Place of Meeting: MINUTES PLANNING CCJ,1MISSION September 14, 1983 7:0(1 p.m. City Council Ch1111bers COMMISSIONERS CALL TO ORDER: The Meeting was r.alled to order by Chairman Schlehu:ier at 7:05 p.m. PLEDGE OF ALLEGIANCE was led by Chairman Schlehu:ier. PLANNING C0""11SSION PROCEDURE: Chairman Schlehu:ier announced the Planning COllllllission Procedure as printed on the reverse side of the Agenda and gave a short sunmary of the Procedure, ROLL CALL: Present: Chairman Schlehu:ier, Commissioners Rombotis, Marcus, Farrow, Rawlins, Lyttleton and Friestedt. Absent: None. Staff Members Present: Charles Grimm, Principal Planner Bill Hofman, Principal Planner Mike Howes, Assistant Planner Ex-Officio Members Present: Mike Holzmiller, Land Use Planning Manager Dan Hents:hke, Assistant City Attorney Richard Allen, Assistant City Engineer NEW PUBLIC HEARINGS: 6. CT 82-22/ZC-2686 HlMPHREY'S -Request for 1) a zone change from R-1-10, 00 to ROM, end 2) a thirty--unit tentative tract map and planned unit develoment located on the southwest corner of El Camino Real and Chestnut Avenue . Chaiffl&n Schlehlber amounced there was a request to continue I te11 16 two •eks, OJe to the illness of the City Engineer. He amounced there would be pl.blic teetiaony for anyone who cOJld not be here at that time, 82-The Plarviing C~eaion voted to postpone Item 16, CT 21/ZC-268, HlJIIHREY 'S, to the next regular meeting,--- a~]ee( lo £Ke i>J,ilc teatillony. Chairaan Schlehlber opened the pa,lic hearing at 7:12 P••• and iaaued the invitation to apeak. Mr. John L. Johneon, '755 Cataline Drive, addressed the C~aaion aekinc,i for infoniation as to what ROM IIM!Mt as far aa atructuraa. Bill Hohlan atet~d this zo ne 1eep1 .. nte the veneral pllWI designation of RM on the site which aetabliehea a deneity r-. of four to ten unite par 11:re ~ could per■it condOlliniuu and aparbnents, elbject to the approval of the Planning COIMliaaion. Hr. Schlehlber R011botis Marcus Rawlins Farrow Lyttleton Frlestedt X X X X X X X X MINllTES ~ :9! PLANNING CIJ4MISSION September 14, 1983 Page 2 0~ ~~ ~ COMMISSIONERS q,_ ®\\ ~\ Johnson inquired about the egress and ingress and the height of the proposed buildings. Staff answered the buildi ngs would be approximately 28 ft. high. Chairman Schlehlber answered the question regarding ingress and egress by stating the circulation problem will be diecussed and that is the reason the City Engineer wanted to be present for the diecussion on this item. Mr. George W. Genevro, 3821 El Camino Real, addressed the Commission, asking about the ownership of the property which serves es sn access driveway in front of his, stating that ownership would affect the traffic flow in that area. Also, he inquired about the maintenance and improvement of that property. Bill Hofman stated that the Engineering Department believes that the City owns that property. If that is the case, that property ,.,)t.ld be maintained by the City and the private drivf ay on the applicant's property would be maintained by the applicant. There is a condition that if the property was not City-owned, the applicant ~uuiu ~~ve to get the property owners' epprov~i record an acc~ss easement, and that could hold up t>,e project. Mr. Hof1nan f1:rther stated that within a week it was hoped staff would determine the exact ownership of that property, The Commission recognized Mr. Larry Byers, 3851 El Camino Real, who spoke on the same question of the ownership of tho property to the south. Since no one else wished to speak on this matter, the plblic testimony was closed et 7:20 p.m. This item was continued for two weeks until the next regular Planning Commission meeting. 1. CUP-234 8 WOOLWORTH -Request to convert an existing cafeteria into a video arcade on property ge~erally located on the lower level of the Plaza Camino Real Shopping Center addressed ea 2525 El Camino Real. Bill Hof111an, Principal Planner, gave the presentation on this it.9111 as contained in the staff report, using e transparency to show the location of the property. An additional condition had been presented to the Ca.aiaaion •llbera, stating a security guard should be provided i n thfl event this was deemed necessary by the Chief of Police. Chail'lllln Schlehlber opened the plblic hearing at 7122 P••• and issued the invitation to speak. Mr, Willi• l't:Donald, 3161 falcon Drive, Manager of Woolworth, stated he was present to answer any queatione. Mr. Keith fisher, 2525 El C•ino Re&l, owner of Tobacco Lane, addrnaed the C~aaion, stating he had epoken with aevaral of the store owners in the i•111ediat e vicinity of Woolworth, and they were opposed to thie arcade due to the added security problem. Since no one elae wished to speak on this matter, the p-.blic tHUaony was cloaed at 7125 p.m. MiNUTES PLANNING CCJolMISSION September 14, 1983 Page J In answer to s question from the Commission ss to how staff fourd this arcade compatible with t~e adjacent uses, staff stated they felt the mall was the most appropriate spot for this uee. Also, when the Planning COllll\ission considered an arcade in the downtown area, the proposal was denied end st that time the Planning Conwniasion indicated to staff that the mall would be the most appropriate location for a video arcade, Mr. Fisher, in answer to s question from the Commission, stated there ere no machines there st the present time. They did have twelve m.ichines there for sppro,lmstely two years, but eix months ago they were taken out. He stated there were no problems with the police in the time the fflllChines Wl'!re there. Mr. Fisher stated if a security guard would be deemed necessary, then he would probably not have another adult there to be in charge of the arcade. The Commission Members felt there should be both--s security guard and en adult to supervise. The Commission also indicated the adult should be et least 21 years of age. Mr. Fisher agreed to both of these conditions. The Planning Commission approved the Negative Dec leretion issued by the Lend Use P lenning Manager and adopted the following Resolution: RESOLUTION NO. 2176, APPROVING A-CONDITIONAL USE PERMIT TO ALLOW A CONVERSION OF AN EXISTING C~•ETERIA INTO A VIDEO ARCADE ON PROPERTY GENERALLY LOCATED AT THE LOWER LEVEL OF PLAZA CAMINO REAL AND ,:\DDRESSED AS 2525 EL CAMINO REAL. ADDED CONDITIONS Of A SECURITY GUARD IF DEEMED NECESSARY BY THE CHIEF CJ" POLICE AND THE ADULT IN CHARGE TO BE AT LEAST 21 YEARS OF AGE. 2. CT 81-5(A)/ CT 81 -6(A)1 JEWETT -An amendment to two c01111Ercia1 tentative tract maps to modify street i111provet11ent conditions located ~n the northwest and southwest corners of Poinsettia Lene and Avenide Encinas. Bill Hof'lllan gave the presentation on this item es contained in the staff report, using e transparency to show sl.bject properties. He explained the COllllllission had reduced these conditions originally end now the request was to reaove them entirely. It wee noted by the COfflllliesion t hat paragraph JJ was oaitted in Rttao}.ution 2179, C~airaan Schlehl.ber opened the plblic hearing et 7:37 P••• nd issued the invitation to speak. Mr. Don Agatep, 2956 Roosevelt Road, representing the applicant, addreBBcd the CDalllieeion, etating the applicant wanted the participation in the aseeeement diatrict for the southwest parcel deleted c011pletely, as Saith Jewett would receive no benefit from this end it would be unfair. He listed the itllprovet11enta provided by the applicant, in-: luding Poinsettia Lane west of the rr ay, Poineettia bridge at e coat of e million and a half dollara, 24 inch 11aater sewer line to serve the entire area and• ator11 drair to eerYe the area. The Schlehlbsr X Romboth, Marcus X Rawlins X Farrow X Lyttleton X X Friestedt X MINUTES PLANNING CCJ,lMISSION September 14, 1983 Page 4 distric t would benefit the properties to the south, that were not annexed at the time the master plan was approved in 1972. He further requested the Commission approve the Resolutions es presented by deleting No. 33. In answer to a question from the Commission, Mr. Agstep stated the applicant felt the assessment district was not nee esssry • The Assistant City Engineer stated it was felt a second access was needed because of the traffic impact on Poinsettia Lane and the freeway bridge. He stated this project would benefit from the expansion and the bridge. The assessment would be made in accordance with the benefit derived, end the contribution would be assessed accordingly. Staff determined the 5,000 ADT was both north and south, 5,000 each way. Mike Holzmiller clarified this, stating when the traffic to the north to Poinsettia L9ne reached S,000, a secondary access would be r equired fo r traffic coming onto Poinsottia. He further stated the City Engineer had decided that if Avenida Enc i~as gGes to tha south, and the bridge goes across the tracks and out Carlsbad Boulevard, this property would benefit. That additional benefit should oe paid for by contributing to the assessment district. Mr. Agetep stated the applirant feels there would be no benefit tc them and that they have done their share of improvements. Commissione. farrow stated he felt it would be unfair to require thia applicant to participa~e in that future district, since the original conditions had been satisfied. The Executive Vice President of Occidental, Irvine, addressed the C011111iaaion, stating his approval of Mr. Agatep'a atateaents. Mr, Steve Bieri, 5030 de la Sienta, #100, San Diego 92108, representing the Sallis properties south of the mobileh01111 park, addressed the Commission stating they agree to the aaseaM1Bnt district. He stated if there were no need for access, no need to go to the south, then they could have a private c011111Unity and take care of the roads thMaelvea. If other people do benefit from the acceaa, then they should share in the paying for that benefit. Mr, Agatep offered a rebuttal to Mr. Bieri's steterrent regarding "benefit", stating that was not the issue. He re-atated the applicant felt the improvements already cmpleted or c«-itted to far exceeded any benefit from participating in a future aaaeamnent die tr ic t, Since no one else wiehed to speak on this 111&tter, the plJ>lic teatillony waa closed at 8103 p.m. The Aeaiatant City Engineer stated t hat any request for an aaaee-nt dietrict had to ccae to the City in the fora or a petition by the adj ent property owners. MINUTES PLANNING CCJ4MISSION Sept~nber 14, 1983 Page 5 The Assistant City Attorney explained an Assessment E~gineer woul d do a benefit spreed and sn independent engineering consultant would determine the properties' benefits and how much that benefit is and how muc h ea::h would contribute. Although the applicant stated this was not needed for this project, the road is a general plan road and is needed. The issue is whether or not it is necessary to serve thi s slbdivision and whether or not the property would benefit from an Assessment district. Conwnissioner Farrow suggested perhaps the applicant should be reimbursed for the sewer and extension of Poinsettia. He felt they had satisfied their project needs by t he extension of Poinsettia. The Planning Commission adopted Resolution No. 2179 as presented and Resolution No. 2180 with #33 deleted: RESOLUTION NO. 2179, APPROVING AN AM[NCJ4ENT TO A cclUl:Attxt SUBDIVISION KJDIFYING REQUIREMENTS FOR A SECONDARY ACCESS ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF POINSETTIA LAND AND AVENIDA ENCINAS. RESOL~TION NO. 2180, APPROVING AN At-£NCJ4ENT TO A 12-LOT cw CIA[ SUBDIVISION KJDIFYING REQUIREMENTS FOR A SECONDARY ACCESS ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORtER OF POINSETTIA LANE AND AVENIDA ENCINAS. 3. CT 77-8(B)/CP-45(A), DSL SERVICE CO. -Request for an anendiiient to a previously approved 60-unit tentative tract map and condominiun permit on a 5,2 acre site l oc ated on the northeast corner of El Camino Real and Dove Lane. Mike Howes, Assistant Planner, gave the presentation on t his i tem as contained in the staff report, using s transparercy to show the s ite. He added this would allow phase one to stand on its own i f the second phase were not const rue t ed. Chairman Schlehlber oepened the plblic hearing at 8:13 p.m. and issued t he i nvitation to speak. Sirce no one wished to speak on this item , th~ plblic testimony portion wee c l osed. The Plaming Coaaission adopt ed the following Resolutions RESOLUT~ON NO, 2171, RECCJ4f£"1lI NG AN Al-£Nll4ENT TO A TENTATf TRACT R»> TO ALLOW PHASING or A 60-UNIT COt()(IIINIUM ON PROPERTY GENERAL LY LOCATED ON THE EAST SIDE or EL CAMINO REAL IMMEDIATELY NORTH or DOVE LANE. 4. V-'489 ANDERSON -Request for approval of a variarce to redice the required rear yard setback from 14 ' to 7' to •ke an acceeaory ■true ture habitable at 1264 Basswood Avenue on the north aide of Basswood Avenue between Adana Strnt and Pine Avenue in the R-1-7,500 zone. Charles GriN, Prircipal Planner, gave the prnentetion on this ite111 as contained in the staff report, uaing • tranaparercy showing the location of property. ChairMn Schlehlber opened the plblic hearing at 8116 P••• and ieeued the invitation to speak • • t he Schl ehlber ) Rombotis ) Marcus ) Rawlins X Farrow X X Lyttleton X Friestedt X Schlehlber ~ Rombotis X Marcus X Rawlins X Farrow X Lyttleton X X Frieatedt X MINUTES PLANNING C°'1MISSI0N September 14, 1983 Page 6 Mr. Wyett Anderson, applicant, 1264 Basswood, addressed the COllllll.ission, using a wall map to show the buil~ing in question. He stated the building was built on a ~oncrete slab and the original owner should have been notified it ~Gs not eet beck the required distance habitable bu i lding. Mr. Anderson continued, stating the building was obviously meant for something more then a workshop. He then cited the other examples in the neighborhood where variances had been granted end where guest houses exist. He further stated he had two roommates et the pl asent time and the strt£ture was needed for additional spaco. In answer to questions from the Commission as to whether he was aware this was to bes workshop, Mr. Anderson stated s workshop would be more objectionable in that spot then e habitable strt£ture. A discussion was held among the Commissioners rrgerding the plumbing contained end roughed-in in this strt£ture, with reference being made to the letter from Mr. Corso dated November 22, 1980, regarding this zon lng violation. The Assistant City Attorney stated the etrt£ture is not a legal strt£ture ea a habitable ~uilding. Charles Grim111 stated a bathroom h0okup is legal in a wo rkshop. It was stated again that the kitchen plumbing i s not and would make it a second unit. Mr. Anderson answered there was no venting, gas or 220 electricity that would make it a usable kitchen. Mrs. Joyce Corso, 1300 Basswood Avenue, addressed the Coanission, reading the letter addressed to the Planning Ca.lission dated Sept8111ber 14, 1983, signed by herself and her husband, Joseph. She also reed the letter signed by her husband and addressed to Mr. Tony Mota, Building Inspector , dated NoveMber 22, 1980. These letters ere attached es part of the record. Mrs. Corso referred to a two-car garage they will be building baaed on a different variance but it will be a part of their existing house. Photogr aphs of the Anderson property were distributed to the COllllission for their perusal and ere made a pert of the record. Mr. Peter R. Taylor , 1345 Pine Avenue, was recognized by the Coaaiasion and spoke in opposition to the granting of thie variance. He pointed out the rear etr1.Cture had no acceaa and could never have and no perking was provided for t hut atrlC ture onsite. The onstreet parking in that area is very lillited for the existing houMa. He ■oreed with Mrs . Corso end the stetenienta ahe •de regarding this proper ty. Mr. Jaffereon C. Heard, 1306 Baeawood Avenue, addressed the Coaaiaaion in opposition t o thie variance, stating thia wa an effort to have a rental unit behind the main houee. Mra. Ann Gaiaainger, 2)68 Spr1.Ce, addressed the CoalNion, atating the existing st r1.Cture on Pine Avenue cited by Mr. Anderaol'llfae approved before the current 18" wu in affect. If that property were sold, t he rental would not be allowed. Aleo, she stated if ehe bought a MINUTES PLANNING C()4MISSION September 14, 198 3 Page 1 piece of property with an existing building designated es s toolshed, s he woulJ check into the l ~ to see whether it was poesible to t urn i t into a livable strteture. She felt Mr. Anderson should have researched the property and should not now ask for s variance. She further asked the Commission to deny the request. Mr. Richard Green, 1308 Pine Avenue, was recognized by the Commission and stated he thought a variance should be requested before a etrteture ~as built end not after. Steff agreed t his woul d be the normal procedure. However , t his was cons tru=ted s s s toolshed end now the applicant wants i t as a habitable stru:ture. Mr. Green further stated the pat i o cover extends to the fence and is certainly closer than seven feet . He stated he was 100 percent against the variance. Hr . Anderson was given time for a rebuttal, but asked questions regardi ng businesses in the home end made statements regardi ng some violations of his neighbors. Chairmen Schlehlber reminded him he was not making a proper rebuttal. Since no one else wished to speak on this subject, the pli>lic testimony was closed et 8:46 p.m. The Planning Commission adopted the following Reeolution: RESOLUTION NO. 2172, DENYING A VARIANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FR()4 14' TO 7' FOR A HABITABLE ACCESSORY STRUCTURE AT 1264 BASSWOOD AVENUE, ON .24 ACRE Of PROPERTY GE NERALLY LOCATED ON THE NORTH SIDE Of BASSWOOD AVENUE BETWEEN ADAMS STREET AND PINE AVENl£. COlllftlissioner farrow commented t hat variances had been granted to othere in t hat area end he wished to remind the applicant that he had t he right t o appeal to the Ci ty Council. RECESS, Chairun Schlehlber declared a five-mi nute recess at 8148 P••• and the C~eeion reconvened et 8:5} p.m. with all C~aaionere present. PUQLIC HtARINGS1 (Continued) 5. EIR 8}-2/GPW~U BJ-15/ZC-267 -HPI DEVELOPMENT - Requ.at ror a General Plan A■endrnent, Pre-annexstional zone change and Certification of an [IR i nvol ving 1,730 .:ree ror property generally located north of Batiquitoa Lagoon and •at of El CBllino Reial, and property l ocated on the •at aide of El C•ino Real south of La Costa Avenue. Mika Holzlliller, Land Use Planning Manager reported this would be a Joint presentation by staff, with Bill Hofman preaenting the EIR and Charles Grill• presenting the General Plan Aaendllant and Zone Change, He rB111inded the C«-ieaion that although there are several applications and coneideratione, it should be rllllll9■bered it is for a elngle purpoae on the applicant's part--to get everything Schlehlber X Rombotis X Marcus X Rawl ins X farrow X Lyttleton X frieetedt X X MINUTES PLANNING C°'1MISSION September 14, 1983 Page 8 done to apply to LAFCO for annexation to Carlsbad end to be under one jurisdiction to start to develop the detail9 of the master plan. Mr. Holzmiller stated first there was the General Plan A111endme nt. Two of the parcels are outside of the planning area boundaries as shown on the General Plan. In order for LAFCO to consider t his, the General Plan has to be amended to show these two parcels. The second item is the pre-zoning. A nunber of the properties are outside of the City boundaries and to have LAFCO consider them, they must be pre-zoned. The third item is the EIR. The EIR has attempted to identify and address issues directly involved with the applications before the Commission. The EIR also identi fied potential environmental issues, to be addressed if annexed and once the master plan is propoe&d. He stated it was important to take that into consideration. The direc t impacts can be addressed by the COffllllisaion, but a nunber of issues brought up in the EIR can't bP resolved until a master plan is proposed on the properly. An overhe~d map showed the total property of nine parc ~la with a total area of 1,875 acres. Eight parcels are owned by Hunt Properties and one parcel of 135 acres ia owned by the State Department of Fish and Game. One parcel is in the City boundary and pre-zoning is needed on all ot her eight parcels. There are three parcels affected by the General Plan Amendment. One parcel within the planning boundaries is requested to be made c0111111ercial. It is presently residential. Bill Hofman gave the presentation on the EIR, as presented in the staff report. In answer to a question, he stat ed the streets imp8Cted are Poinsettia Lane and SA 680. C0Mmisaione1· fr ieatedt stated he wanted time horizons on the impa::t~ and felt the City should be able to aaaeaa where in the time horizon these imp8Cts would occur. He stated he wanted that as part of the EIR. Staff stated that would be coneidered when the master plan was albaitted, but without the 11aat er plan the EIR was adequate. Coaaieeioner Frieetedt stated he wanted an awareneaa of this need, Aleo, with regard to the dates refererced in the studies, he wanted to know what periode of tiM were covered by thoae studies and the date or detea given in the report. One of the conaultanta anawered COlllllissioner Friestedt with regard to the biology and traffic illlpacts. COllllll.i&aioner Frieatedt aaked about the erosion control and floods, and waa t old the flood infort11ation was not precise i n the EIR. Chu-lea Gr.tM gave the presentation on the General Plan A•ndllent end the Pre-annexational zone change as c onteined in the staff report, using transparenc iea showing the applicant's proposed flood plain overlay area and U. State Fish and Giae lanj, Coaiasioner farrow asked ►Ir. Gr .ilnm to e)(plain the reuone atarr Md recoaaended OS instead of PC and Mr. Gr.tM atated staff indicated OS because it is consistent with the Gene~al Plan and gives th~ lagoon the greatest protection. It was detel'llined this would not preclude the devalopaent of an enhanc8118nt plan for the lagoon. MINUTES PLANNING COMMISSION September 14, 1983 The parcel designation of commercial zoning was diecussed by the Commission, with staff feeling additional commercial in this ares would be unnecessary. The Commission discussed the boundaries of the lagoon and it was detrmined the exact boundaries have not yet been determined and would not be until the master plan and a lagoon enhancement plan was albmitted. Chairman Schlehlber opened the plblic hearing et 9:40 p.m. end issued the invitation to speak. rhe plblic was reminded by Chairman Schlehl.Ller that test imony should be confined to l he actual im~acts of the EIR, the General Plan Amendment proposed and the Pre- Annexetional zoning. Mr. Mike Kennedy, 1970 North El C!Kllino Real, HP! Development Company, Encinitas 92024, eddress~d the Collllllission. He referred to the graphics showing the staff-rec0111111Bnded zoning end the applicant-proposed zoning. The parcel they have designated for commercial will be a major intersection, and commercial is usually at a major intersection. He questioned the Rt~t~ent of staff that there is already slot of convnercial in that area and they didn't want a strip effect. He stated the zoning applicant was r~queating was a c ombination zoning, with a mixed use. This would result in decreaeed traffic and decreased perking demand. Mr. Kennedy addressed the proposed designation of OS (open space) as staff proposed for the lagoon. He pointAd out the PC zone ea slbmitted by the applicant is not inconsistent zoning to implement open space land use designation. ln a PC zone, the major part is to provide open space. He stated further he preferred a zoning to allow the applicant to carry out a master plan, end with the PC zoning, the master plan could definitely determine the wetlands and upland boundaries of the lagoon. Mr . fay Round, 2627 Cezadero Drive, President of Batiquitoa Lagoon foundation, addressed the COIMlisaion, referring to a four-page lett er of comments that had been albaitted to the City. He further stated a c0111prehenaive grading plan and erosion control should be included in the Mater plan. Also, the foundation would like aa 11teh buffer apace as possible around the lagoon. They are alao con:erned abut the existing flood plain zoning, and if that were eliminated, there wouldn't be enough protection for the lagoon. He also spoke about Batiquitoa Drive and stated he undera~ood the circulation eleaant ia being re-evaluated and Batiquitoa Drive ia close to the north shore of the lagoon. The roundation would aak ae part of the master plan the need fort.hat road and its alignment be looked at carefully. Mr. Round further stated that the increased densities in relation to the holding zones denaitiee t hat have been there recently ehould be conaidarad, with the hope that the final denaitiea would be no higher than those they era lOOki~ at now. He stated the foundation endorses the Lagoon Manageaant Plan nd has been working with the MINUTES PLANNING COMMISSION September 14, 1983 P,g, 10 \\ .. , 1a COMMISSIONERS \\ ~~ ~ City to define the boundari.ea. The Foundation would want to look at any filling to be done. Also, there are ways of keeping water in the lagoon, and the Foundation would went Hunt Properties end the City to look at how to maintain the water level. In regard to the area owned by State Fish and Game ircluded in this application, the Foundation would ask where does this EIR say that. Mr. Grimm answered a separate Negative Declaration was issued for that. Mr. Round asked for the letter from the Foundation to be ircorporeted into the mitigation. Commissioner Frieatedt stated the Lagoon Heneof"fflent Plan should be i ,~orporeted into the master plan s1rce its p~rpoae is to bring togther ell of the studies and documentation in the watershed of the lagoon. Mr. George Bolton, 6519 El Camino Real, addressed t~n Commission, stating he was a county resident. He lives in one of the county islands and expressed corcern about the annexation of this property. He expressed his desire to become a part of Carlsbad and though it might be possible to take in his area at the same time the Hunt annexation is made. The Commission and staff explained to Mr. Bolton that the City would welcome annexing the county islands, but the initial a:tion must come from the residents. Mr. Guy S. Moore, Jr., 6S03 El Camino Real, addressed the Commission, stating he was a neighbor of Mr. Bolton, and expressing the e1111e desire of becoming a part of the City of Carlsbad. Mr. Hofman suggested the first step for these citizens would be an application with the City for a pre-zone app' ..c ation, and then LAFCO would a:cept an application. The City staff would be happy to work with the residents to become annexed to the City. Me. Anne 0Mated 1 1349 Rainbow Ridge Lane, addressed the CONlieeion, representing the Le1£adia Town Courcil. She referred to a letter that had been written responding to the ElR. She felt the Coastal COllllllission would change the LCP. Ha. Olllsted stated the Town Courcil would prefer the open apece zone on the lagoon and would support staff's rec~ndation. The C«-ission recognized Mr. Ronald Zawistowski, 1009 Daiay Avenue, who expressed the concern of residents on Daisy Avenue that Daisy would be used as access to the Hunt property. He referred to t he speaker who did not went Betiquitoa Drive to b~ used, and added that he wanted to go on record ae opposing Da isy Avenue being uaed ea an acceas street. There ie already too m~h traffic on Daisy and the speeding there and lack of enf'orc~t creates a problBII. June & Louie Drazsnovich, 929 Daisy Avenue, expressed their oppoaition to traffic being routed over Daisy Ave~ to tha Hunt Develop11ent by signing a slip and turning it in to the ~ecretary. There •a• diacusaion reCJ8rding plecement of streets an~ how it ..ould aff'ec t the Hunt property, but this can't be detal'llined until a Mater plan and tentative 111ap ia filed. MINUTES PLANNING C04HISSION September 14, 1983 Page 11 Commissioner R0111botis asked for s_aff's view on the PC zone versus the OS for the lagoon and asked whether the PC would be as protective as the Open Space. Bill Hofman ~tated that the PC zone would be as sensitive to the envirorwental impacts as the OS zonq and that from an enviromental viewpoint, both zones would be equivalent. The PC zone does require a sl.bmittal of a master ian, however, with the Lagoon Management Plan under way, Open Space zoning would not preclude a master plan. He ~dded that staff took a conservative approa::h from a land use point of view because the Open Space zoning would be more restrictive than the PC zone. Commissioner Rombotis asked Mike Kennedy why Hunt Properties preferred tha PC 2one, and Mr. Kennedy answered that, first of all, the PC zone implements the plan. These are two zones which are both consistent with open space, PC and OS, and they felt the PC zone was the better zone to prepare the master plan with, as it does require a master plan. HP. further stated the OS (Open Space) zone isn't a zone per se and does not require a master plan. This would make a "hole" in his master plan. Commissioner Farrow inquirad about the lagoon being designated OS (open space), and whether that would preclude the PC (Planned Community) using that as part of open space. Charles Grimm stated several options are open to the developer. If the lagoon ia zoned "open space", the developer could still ire lude it in the master plan. If it were not ircluded in the master plan, the city could give the applicant some credit for the lagoon as open space in the master plan. Commis~ioner Friestedt stated if the lagoon were PC zone, that would require a master plan and the applicant would have the opportunity to designate that specific open space in conjurction with the entire master plan. If excluded, it would be the City's choice to accept it as open space or not. Mike Holzllliller stated there would be similar controls whether it was PC or OS. If everyone agrees it will be open apa:e, then it should be zoned that. The other lagoons are zoned "Open Space". Also, a specific plan is required sirce the lagoon is in a special treatment area on the general plan. Co-tasioner Rmbotia asked whether the parcel could be zoned OS/PC, and Mike Holzmiller stated that had been considered. They wanted it to bP. a part of the master plan, and br •king it a coabination, it would require a specific plr .. ,. Sirce no one else wished to speak on this item, the plblic teatiaony was closed at 101JJ p.m. COMissloner Farra. expressed the belief that it might be 11e>re logic al to zone the pare e \ c 0Nl8 re ial as requeated by applicant, sirce it would be a 111&jor intersactlon, rath r than staff's rec011111endation. Charla• Griaa &tat~J it ia in the standards of the General Plan th., arterial intoraectiona are coa11ercial. Ha.var, H 680 c roaaea El Cemino and goes on to Olivenhaln, there ti«>uld be a great deal of CONlerc ial on the ••t aide -,ct could create probl•a with 11eceas, etx: • MINUTES PLANNING Cfl-4MISSION Septemmber 14, 1983 Page 12 ,~\ COMMISSIONERS ~~~ Bill Hofman added that the alignments of major ere not set as yet for the streets, and inesmu::h es it is not knOW'"l et this t.ime just where the intersections "'°uld be, it is premature to decide this issue at this time. Charles Grimm resteled staff's approach et this time as one of caution and these items could be reconsidered when the City has a better idea es to what uses would be appropriate. The Planning Commission adopted the following Resolution certifying the EIR ar,d recanmending it to City Co:mcil: RESOLUTION NO. 218J, REC()4MENDING CERTIFICATION OF ENVIROliMENTAL IMPACT REPORT (E IR 83-2) FOR A PROJECT GENERALLY INCLLOING A GENERAL PLAN At£Nl.»1ENT AND PREANNEXATIONAL ZONE CHANGE ON PROPERTY HAVING A TOTAL Charles Grimm announced a PFF agreement had been received today from the applicant and this should be added es a standard condition on the Resolution. The Planning Commission adopted the following Resolution as shown es Exhibit 11 11 (staff's recommendation) with the notation of the Pftegreement: RESOLUTION NO. 2182, R~C(),tt£NDING APPROVAL OF A SPHERE ~r tf#[UENCE M£Nli4ENT AND A STANDARD AMENl.»1ENT TO THE LAND USE ELEMENT or THE GENERAL PLAN TO DESIGNATE VARIOUS PROPERTIES FOR RESIOCNTIAL, COMMERCIAL AND/OR OFFICE USE ON PROPERTY GENERALLY LOCATED ON THE WEST SI()[ or EL CAMINO REAL AND NORTH AND SOUTH OF LA COSTA AVENUE. The Planning Commission adopted the following Resolution es shown on Exhibit 11D11 (Staff's recom.'TIBndation): RESOLUTION NO. 2183, REC()4MENDING APPROVAL OF A ZONE CHANGE ARD A PREA'NREXATIONAL ZONE CHANGE TO DESIGNATE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL AND ON Tt£ NORTH AND SOUTH SIDES OF LA COSTA AVENl£. 7. CT 83-15/CP-241, DEVELOPt£NT CONSULTANTS -A request for a seven lot/124-unic tentative tract map and cond011iniU11 por11it on property lreated on the north and south aides of Hosp Way approximately 900 feet west of El C•ino Real in the P-C zone. CoMiasioner Roabotis announced he would abstain fr0111 the diacuaaion and vote on this item, due to a possible conflict in interest. Mike Howes, Aesistent Planner, gave the presentation on this it• aa contained in the staff report, using a transparency to show the site. This project is Unit C of the Hosp Grove 111&ater plan. lklit B was previously approved by the COllllllisaion. Chaiman Schlehlber opened the pwlic hearing ~t 10:46 p.m. and issued the invitation to speak. Mr . Joe Sandy, representing the applicant, advised the CoMiasion he was there to answer any qu-)utions. Schlehlber X Rombotis X X Marcus X Rawlins X Farrow X Lyttleton X Friestedt X Schlehwer X Rombotis X Marcus X Rawlins X Farrow X X Lyttleton X Friestedt X Schlehlber X Rombotia X X Marcus X Rawlins X Farrow X Lyttleton X Friestedt )( MINUTES PLANNING CCJ4MISSION September 14, 1983 Page 13 Sirce no one else wished to speak on t ~is matter, the plblic test imony weR c losed et 10:47 p.m. The Planning C~esion approved the Negative Dec l~~etion issued by the Land Use Planning Manager and adopted the following Resolutions RESOLUTION NO. 2175, RECCJ4MEND1NG APPROVAL FOR A 7 LOT7124 0Ntf TENTATIVE TRACT MAP AND CON0()4INILJ,1 PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES IY HOSP WAY, WEST OF EL CAMINO REAL. C<>llllliseioner R0111botie returned to his chair on the Collllllieeion. DISCUSSION ITEM: Thia item wee taken out of order to allow Mr. Stabile to give testimony. 9. PCD-SOl STABILE -Request for s Planning Commission Detenninaf on for a 34-un it apartment project at 3515 Roose~elt Street in the RD-M Zone. Mike Howes, Assistant Planner, gave the presentation on this item ea contained in the staff report. Mr. 8en Stabile, 6116 Camino Largo, San Diego, representing the applicant, spoke in fever of the project. The Ca.nission asked Mr. Stabile about the outside of the building and whether there would be s0111ething to elilninate the barracks look end Mr. Stabile explained what would be done as far ae wood trim, etc. The plblic diacuaeion woe closed at 10:52 p.m. The PlaMing Conn.ission approved the Negative Declaration i ssued by the Land Use Planning Manager end adopted the f ollowing Resolutions aESOLUTION NO. 2173, APPROVING A PLANNING CCJ4MISSION ETERMINXftON To INCREASE THE ALLOWA8LE DENSITY FOR AN APARMNT PROJECT FRCJ4 10 DU'S/ACRE TO 19,S DU'S ON PROPERTY GENERALLY LOCATED AT 3515 ROOSEVF.L T STREET. PU8l.IC HEARINGS1 (Continued) 8. ZCA-168 -CITY or CARLSBAD -An amendment to the Zoning Ordinance creating the O (Offfice) Zone. Charles Gr iaa, Principal Planner, gave the presentation on thia it••• contained in the ataff report. Comiaaioner Rawlins questioned Section 21.27.050(5) of the Reeolut ... on regarding the height of the buildings. Mr. Griaa enswrfild the City Council 111&y consider approving a heicjlt gNseter than JS feet, but the se tback• .,.t be increased for that additional height. The toaaiaaion diacua ad architectural provisions and whether the City haa any control over this. The Aaaiatant City Attorney atated c0111prehenaive design had not been adopted in the Cit y of Car lsbad, The only area where the City haa the l egal author ity to dirt,Ct types of architactura ia in the Redevelopaent Area. He •~ta~J-~°'t1l{f,-neive des ign should ba Schlehlber X Rombotie X Marcus X Rawlins X Farrow X X Lyttleton X Frieetedt X Schlehuber X Rombotis X Marcus X ' Rawlins X X Farrow X Lyttleton X Frieatedt X MINUTES PLANNING CCJ4MISSION Septemb~ 14, 1983 Page 14 COIRiasioner Lyttleton suggested athletic clubs should be allowed and added to the list of uses end stru::turee permitted. Staff said they felt this was appropriate. The Planning COllfflission approved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolution: RESOLUTION NO. 2177, REC()4MENOING APPROVAL or A ZONE Coti: Aii:liii£NT, AKNOING TITLE 21 BY THE ADDITION Of CHAPTER 21.27 TO THf. CARLSBAD KINICIPAL COD£ TO ESTABLISH THE O(OfflCE) ZONl. APPROVAL or MINUTES: The Minutr, of the August 14, 1983, meeting were approved as aended on page J, ~~st paragraph, to show the Resolution n1.111ber as 2169. ADJOURNt-1:NT: By proper motion, the meeting of September 14, 19BJ, was adjourned at 11:11 p.m. Respectfully sli>ndtted, ' MICHAEL J. HOLZMILLER Land Use PlaMing Manager Harriett [\rb~itt, Minutes Clerk t-1:ETINGS ARE ALSO TAPED ANO KEPT ON flLE UNTIL APPRO~ED. Schlehli>er X Rombotis X Marcus X Rawlins X farrow X Lyttleton X X friestedt X Schlehlber X Rombotis X Marcus X Rawlins X farrow X X Lyttleton X friestedt X , l r l CHANGES TO MINUTES OF PLANNING COMMISSION, SEPTEMBER 14, 1983 Page 6 Paragraph 1. ; -ir.-. :·,. Paragraph 5. Line 3. Page 12 "was not set back the required distance for a habitable structure." Delete first three words, to make sentence read: "would make it a second unit. Mr. Anderson" Paragraph 6. Substitute the following parigraph: "The Planning Ccmnission adopted the following Resc lution as shown on Exhibit "C" {staff's recommendation) with the notation of the PFF agreement: