HomeMy WebLinkAbout1985-02-14; Planning Commission; MinutesMEET IN:: OF:
OAT'E ~ MRETIN:;:
TIME OF MFE!'II«::
PLACE OP HEETI N:;:
MINUTES
Pf.>..~ I IC ClM'< ISSI 0.
~ruary 14, 1985
6:00 P.M.
City O>uncil Ownbers
CALL TO OROER: 11-.e meet Ing was cal l ed to order by
Oiair:man Farrow at 6:00 p.m.
rou... CALL:
Pre-.sent: Olaianan Farrow, O:mn1ss1oners Ranbotis,
Harcus, 9nlt.h, 1-t::-F'adden ard L'Heureux.
Absent : o:mniss1oner ScrJehuber.
Staff ~s Present :
Wlllter Brown, C1v:l Engineer
Charles Grimn , PT1nc1pal Planner
Kike Hol :mnller, Land Use Planning Manager
Kike Howes, A.ssOciate Planner
Dan HentBChke, 1lss1sumt Cl ty Attorney
PUIX;E OP ALU)'.;! DCE -s l eel by Coffl\l ss 1 oner 9n 1 tt ..
PLANNlti:: O::HHSSIO. PRCX:ID.JRES:
Olah:man Farrow called 3ttent100 to t.ht> Pli1nn1ng
Q:mnission Procedures being sho--n on the screen o.rd 3sked
the au::hence to talce a fe,,, minutes to read th6n.
O\aicman Farrow announced I tan S, FCD-73 -Best f)J ilders,
loOUld be continued.
1. SOP 84-S -CARLSBAD G.a.TOIAY CDII'ER -Request for
,s,pproval of a site developnent plan to al low construct ion
of a mixed-use industrial/off ice canplex o.-i a 16. 5 acre
site on the east side of El Can1 no Real , oor th of the
Cablevision building .
Charles Gr i=, principal planner, gave the b&clcgrourrl and
stated that at the January 23, 1985 Planning Omniasion
meetio;i, the Comlission directed st.at! to research the
feaaibil i ty of construe+. Ing Pal!ner Way through the use of
an aaaesanent-district. lol!llter Brown, Civil Engineer,
gave the engiinee.ring concerns on this item as contained
in the staff report, using a transparency to show the site
and a va.11 chart show1ng the projt>Ct.
Ocmnisaionex L' Heureux asked If they were recamiend ing to
adopt 2-U0 with additi0n11l conditions. WOlter ~own
replied that they are the same as Lec:<mneflded on January
23n,.
Diecusaioo ensued a.s to whether or not to al low the
appl ic.,nt to apeaJI since the pub1 ic heal: ings had al ready
ooocluded . It -. agreed to let additional speakers
ld!ress the 0:-iasion, with a five minute limitation per
apeeker.
Mr. fl:a'lnet.h H. LOunsbery of LuSardl Ccnstruction CD ., l570
Liot\a Viata Drive , San Harcoa, representing the a_ppl leant,
elqllafoed that the applicant agreed to be a pe.rticipant in
an aae,nent: district for a p:>rtion of the Pal.met'
MINUTES
February 1,, 1985
i!llprovmients but not to College. In answer to quest ions
by O:mnissioner SDI th, Hr. U>unsbery stated t.h.!lt the
applicant is wi 11 ing to be a parucipant to Barbour but
not tot.ally responsible for It. In the interim, the
appl ic~t will put in the front""1e port ion.
Olaitlllafl Farrow indicated that there were several people
in attendance who wished to speak oo this itE!'II, and
questioned the caimissioners as to whether or not they
s!iould be heard, since it was not a public hearing.
Camissioner Ranbot is felt that If they he.,rd fran one
participant in the assessnent district, they should hear
fran others as well.
June Applegate, June Applegate 1, 1>.ssoc1ates C1v1l
Engi neers, 2531 State Street, carlsbad, spolte on behalf of
Hr. Deloan. She indicated that Hr. Oeloan does not want
the road to go thro1J3h his property. Since his property
will only generate sane t.raffic, she f~lt it 1s unfair to
assess on that basis.
Bebe Grosse, S850 SUnnyside, Carlsbad, spoke representing
Hr • Yada and discussed the assesscent di str 1ct. Ms.
Grosse stated that his preference 1s for direct access to
El Cmni no Real •
Olristopher Neils, Koll Co., 1200 Prospect, La Jolla,
indicated that the current owners of the property are 1n
i,greanent with the proposal made by Hr • U>unsbery. He
further stated that this particular project is not the
sole creator for the need of the Barbour connection and
that a more appropr late approach would be to use the idea
of a f~ilities dist.rict.
CCllllliaaioneI Rcmbotis asked if he was objecting to the
staff con:Htlori for spread of oc-cess. Since Hr. Neils had
oot eeen the staff condi t ioru, in writing, he reque.sted o
fev minutes to read it.
Olah:man !"arrow stated that there were several i t.mia to
addreu: Staff feels that the Barbour connection is
needed vith a circulation and felt that the project will
c:antribut. to traffic necesaitating that. Also, it is
•,ec:eHary to detecmine if it satisfies access to the Yada
property.
flwy diecuued the approach wi th regards to PalmM Street
and ataff indicated they "°'1ld like it taken tran the
Horthern boundary.
Mr. Nai.1.a aime back to the pooi1.111 and st.at.Eld that he can
cooc:eive it being poaible for the aasea--it district to
include the entirety of Palmer Mty but that he objected to
rua.:e._.. that it 'IIIOUld be incl\JSed as an obligation for
thia projoct to build the Barbour oonnectiori right now.
He c:cati~ to aay that if it need9 to be ccmpleted nov,
it t. becat-there are other buildings contributirs;i to
the nea5. 'lberefore, he coocl IJSed , other forcet1 should
aha.re the burden.
caaiaaioner Aelllbot1a questioned whether the Barbour
comw:tion la sufficient. Malter Br~ explained factors
to be ooaal.der«s in determinirs;i a viable 11&9e9PTIN't
district.
MINUTES
f'ebruary 14, 1985 Page
Chairman Farrow wanted to know it the improvement d1str1ct
could be expan:led .
Dan lientschltc, Assist.ant City ,ttorney, expla1ned that the
policy of the City has always been to require developers
to build p.ibl!c facilities to meet p.iblic faci lities
r-equired by the pr-eject. If it IS determined that Palmer
needs to be eJ1tended, the Planning CXXnmission should
impose tt.! obligation on the project in order to be
consistent with put practices. He continued on to say
that the developer alw-ays has the option of providing an
obligation by forming an assessment district pr 1or to
providing it, an:i that an assessinent disuict 1s j ust a
financing process or method available to the applicant,
and can be foz:me:! late.r on.
In answer to a query by Ccmlll Issi oner 9n 1th as to how
specific details concerning the assessment d1str 1ct are
determined, Dan Hent.schlce outlined the proc-ess.
Chairman Farrow indicated that at some t iir.e the pro)ect
will be fully developed and housed by occupant s and that
the applicant is fully responsible to pllt improvements on
Palmer.
O:mnisaioner llcmbotis asked where c Street was an:i
walter Br°"'1 pointed out on the map where It is located.
OXmniasioner l'larcus state::! that she wanted the connection
for it to be in on El Qunino REM! the first time and 1s
still for it. She further state::! that she i,grees w1 th the
professional staff and would go along with the
recanmendation that the developer p.it in the street and go
vith the aue•ament district to get it on to college.
O:mniaaioner Acmbotis i,gree:, with O::xnroisstoner Marcus and
aaked for clarification from the staff as to whether C
Street is Barbour. 'ftlis was confirmed by waiter Brovn.
Comlliaaioner l't:Fadden said that she agreed wi th
Olmmiaionar Harcus and questionod condition 133 for
public right of -y for the Yada property to Palmer.
OJaaiuioner L'Heureux pointed out that it is a question
of tilliQCJ u to hov to get Barbour installed, whether it
vill be prior to occupancy or not. He felt it necessary
to give the applicant flexibility to maneruver the timing.
~iraan J.Parrov stated that condition t33 has to be
a&Sr....S arxl point«! to the board of 1114pe am said th.at
ooaSition 133 talks about an easement ~. He wanted
to know if there is samethincJ that can be addressed for
the f\r.:u:re.
Malter Brown pointed to the map am stated that Faraday
hu been approved arxl 1• almost ccmpleted. tte al8Cl
INl'ltions! that because of the terrain, it is not pouible
to bsve the roadway atraddl ing am leave the project in
tact.
Dan Hlntaehlte stated that it is approprate to addresa
ccn:iu,a to m&lce the access public and that it is posaible
to a:Sd the .«>rd •put,1tc• to the condition.
MINUTES
February l4, 1985 P11ge 4
Cmmissioner MC:Fadden 1rrlic11ted that would be
84tisfo!!ICtory, arrl Cmmissione-r 9n1th asked 1f the City
had plans at th Is t ime to take the r ight of way fran the
Yllda property or in the foreseeable future.
O:mnissioner Rcmbot is ment 1oned that he does not agree
since access to El Camino w111 be los t unt i I the p.roJect
is built.
Crmniss1oner Snith said that if the assessnent district is
fotmed and a corrlit ion is p.ut in that II road be built
before Gateway CB'iter 1s activated, he could go along with
the staff recmmendation incl~ing t he Barbour connection,
an:! that Pallller way is the p.r ime ~ss p.oi nt fr<n
Gatew!y. cars going north 1o.Ould have to have a secorrlaty
i,cces.s to the north, and 1o.Ould 1ncl~e the Barbour
connection if they wanted to activate the Center in the
fore~le future.
Cmmissioner L'Heureaux asked the staff If they recanneuded
t24l0 together with an additional t48 that 1o.Ould be t r-o
coooition inclooed in the haooout.
walter Brown said that the other assessnent district
condition is a method of satisfying the Cmm1ssion's
request for fairness. In anBl,teI' to queries by
Cmmiuiooer L'HeureU1. W!llter Brown discussed the
assessnef1t district as a method of financing.
'nle Planning Crmnission app.roved the Negative Declaration
issued by the Lard use Planning Manager aro adopted the
following Resol ut ioo:
RrSX.UTIOO 'II). 2'10, APPIVVIN:i A SI'l'E D~
PLAN t«>. 84-5, TO M.LOfli ~ION OF A KI~USE
IIIXJSl'RIAL/OFFICE COF...EX ON 16. 5 >£:RES OF PIOPERTY
GENERALLY LOC'ATID ON 'ffiE &>SI' SIDE OF El. c,,,m.:> REAL,
ll>Rffl OF THE C'ABU:VlSICN WILDIN:. per staff
L ec:azmetdat iOO •
ArOl!DCXH>ITICJiS:
0:n:11tion included as stated in a meno !ran the
DlrYelopaent Coosu1 tant to the A.saiatant Planner dated
fllbruary 5, 1985 on pe,ges 2 aro 3 of that memo.
0:n:11 tion t 33 "9.5 c:haDJed to add the word •publ 1c• before
the ..ord •aocesa• in that con:Htion.
2. GPA/LO U-l0/ZC..3l3/SP-l97 -CITr OF ~
fax; HAJIB0R
OMu'lea Gr iJIIII!, Principal Planner, gave the presentation
of thia ital u contained in the staff report, using a
transparency to show the ai te. He alao pointed out that
the inclusioo of residential use may or may not mean that
the Specific Plan haa to go before the CX>estal Camissioo
and that the S' aboYe Mau will definitely throw it back
to the o:iuta1 0:IIIDiuioo.
'!be amber• of the Planning Camission diacusaed the
height calculation co~-ocam.iNioner L'Heureux asked
the IStaf f why they were bring i1¥3 the Specif 1c Plan to
the 0:IDiaion. OMu'les Grim presented the beckgrouro
infomation oanoern.ing the Plan and stated that the
&pacific Plan ia a ocnpramoae to the zoning chan)e that
wa not 81)proved by the Planning O::mniuion.
P'arr0"1
Ranbotis X X
Marcus X
Snith X
MC:F'adden X
L'Heureux X
MINUTES
PLANNitC a:,,t,!ISSION February 14 1985 --.---==...;;.;.~;;;.;...;...;;....;;;..;;..;;.; ___ _
OXmliaaioner L'HeureUJ asli:oo tor clar1{1catior. as to what
would happen if the Plan i.os not approved, expressiog
COl'IC'em with what will h!lve to be renegot iated with thP
Coastal 0:mlliaa1on. Olarles Grimll eicpressed the concerns
that the property c-,ers had with regard to traffic as a
result of cazmerc1al property causin;i more traffic through
residential streets. Dan Hentschke, "5sistant >.ttornev,
mentioned that regardless of what is done, it w1ll stiil
have to go baclt to the Coastal a:mn1ss1on arrl, therefore,
the best appr<>&eh for the Plann1n;i carm1ss1on to talte is
to decide what to do v1 th tllt: pr-operty.
In ans,,,er to Hr . Snit.h's question, Dan Hentschlte staUld tha
regardless of whether or not the resolution includes the
S' restriction, It would st i 11 have to qo t=lt to the
coas tA1 CXmDi ss ion .
OJll1Dissioner f't'.:Fadclm stated that the She lilted ';he plan
very much, especially the publ IC walkway plan.
1'le Planning Cmmiss1on adopted the toll0\J1ng
Resolutions:
RFSlmlON 00. 2411 , APPRav'Ir.(; A ZOlE OW'CE PR01 R-1 -
15,000 TO R-T (RESIDmTIAL-Ta.JRlST) ON PROPERTY GmERAU.Y
t.a:AT!D Qi fflE 5aml SIDE OF AOA."iS STRJXr A.~ HARRI~
STR!%l', ON nu: WEST SIDE OF 11XNER STREET , £>Sr OF
Iln'ERSTATE S.
RESXJJTI ON 00. 2412 , >.P'PfOV I ?,l, SP-197 , EST ABLl SH I~
PERKITl'ID OS&S AM:> OE'v£1.0PNFNT ST~ FOR ~ HAR8)R.
3. OJP-230(8) -v.o,. -Request for an mien:be1lt to a
con:Htiooal. U9e pm:mit to QQd ify condit1ons of approval on
property located at 2928 Vall-,y Street, on the east side
of Valley Street bet:1oleen Elm Al.'enue and Buena Vista Avenue
in the R-1-7500 zone.
Kik:e Hol,ea, ,\aaistant Planner, gave the presentation as
ccntained in the staff report, uaifX1 a transparency :c
show the si te. He stated that the appl icant -s concerned
about the lien to the property, that City Kall will call
q:, the lien before built. Kilce Howes !rdicated t.hnt tll\li
11U highly unlikely ard that ataff u,cowids the denial
of the con:S i ti 0l'l4l UIII! pemi t .
<:mmiuionex l't:Padda:l u.ked about the aubdivis icn on
M:Cauley and Mike tbiles replied that ! t is a minor parcel
an the map vi th only one hoWle on ! t.
ca-iuione.r L' tteureux (l.JeStiona!d Wlf!t.her Kr. Yada liOUld
be nquired to 11.prove the property if the property CMll!n
decide to go ahead ard build with the r9<11irmient on Kr.
?Ida to de:Hcate l8 feet. Kilce Hc1'll!s i rdicated that be
w:>uld IX>t.
Additional cpestiona ~e aslted by COlllliaaioner 911ith
an:eroing nq.iir~ta of the lien contract and
~ton BIJma Viata and valley Street. oan
HIDl:a:bka, .uaiatant City Attorney, repli-.:5 to his
9JNtiom by irdicati ng that it can be included in a
future C'Cll'ltract, ard can be call-.:5 eeparately u .--S.S.
Farr°"' :I
Rcl'llbotis :I :I
1-brcus :I
Sni ch JI
~;:-ad:!en JI
L'tteurewc JI
MINUTES
PLA!tiHI:; ca+u SSI ON February 14, !985 Page 6
Ctmniaaioner Ranbotis asltP<I if they take the condition
off, and the greenhouse is open 1'19 l'I C'Orrl i t i ona.l use
pemit subject to an ar.nual revie\i, can it be inserted lit
a later date if an engineer feels it is necessary? Dan
Hentschke cautioned doing that since lt is possible to run
i.nto aer ious problans later on if i.mposi.ng restt ict ions oo
an annual basis.
OlaiCDan Farrow opened the p.lbl1c hearing at 7:30 p.m. aoo
issued the Invitation to speak •
Beue Grosae, 5850 SUnnybrook Read, Car ls.bad, addressed
the COmia.sioo as a representative for Hr. Yada. She
espreased her interest in encouraging a clean fanning
operation and stated that neighbors in tile area would
promote it aa well • She mentioned that Hr • Yada built a
similar greenhouse tlolo years ago and did.n' t have to sign
a.n agreement putting h.is farming In jeopardy, and that he
doesn't wish to do it at this time. She-also requested
that the word "only" be inserted in the condition after
the word • i.mprov-1ts" .
In answer to a query by Olalcman Farrow as to why they are
.ulting for the existing cordition to be r8IIOYed nov, "5.
Grosse stated that Mr. Yada did not un1erstand the
requirmient of the cont.tact at the tiIDe It -a put on
Mr. RObert alla, 1780 Buen!! Vista way, Carlsbad, spoke on
behalf of hla diacuaaiona vith neighbors, npeci&lly on
&.lf5lll Vista, who could not un1erstand why Hr. Yada needs
to subllit to a condition nov. He anphaaized that no one
he tallced to is again.st faDDing and that. they don't want
the street improvanent.a. He ,es al80 concerned about
llhether or not the other property owners would be required
to pick ~ their portion if the City cal led in the future
imp[ov.-ent.s.
Nlllter BrOlorl, Civil p;ngineer, explained that the other
property <Mll!rS IIOUld not have a lien against their
pcoperty, and that the issue is what will be done against
ftt. Yea.
Omaiuioner lbDbotia expressed coocern that ot~s could
be taao in, aDL1 Nlllter BrOWD abted that if this ever did
ocx:ur, it l«>Uld require a public hearing and would be an
luua at that ttme. '1'h! concern i• that t.ie greenhouae
aDL1 famin;i efforts ~uld go for a period of years and the
0:-1aiao IIOUld be I.Slllble to dwJ;1e conditions even
tboopl the neighbors may llmlt illlprovallenta at that time.
oi-i.aiooer ftll.rcu8 stated that P1r. Yea is coocerned that
bi■ ~operty la in jeopardy and questioned if this wu
valid.
Dan tllnta::hlte tupouded by explaining the iuues regarding
a future lien.
Since no aoe el• viabed to apealt on this its, public
tMtia0oy _. cax:la5ed at 7:40 p.a.
0:-iuioam: ltllll:x>tia stated that he felt that It -.a far i
escaaa an.S that 1-_. in favor of grantin;i thP
afil)licant'a requut. Cmllliuioner Marcus indiaited tl':3t aa;r..s.
MINUTES
Februarv 14, 1985 PaQe 7
c.cmnissiooer L'Heurew: asked for clar1f1cat1on as to
exactly what the applicant was ob)ect1ng to, ~ ~t.er
Brown iooicated that he was obJectlng solely to future
improvement.
A motion was passed tor staff to prepare a resolution
gumting the applicant's request to word It as he said
in the coooition requiriN;l the street unprovanenl.
lt
, • CT 84-28 -SAK1GJN -Rf]JUEST FOR APPFCNAL TO CREATE A
l"TVE LOT SUIDIVISICIJ 00 A l.83 ACRE l..01' u:x:ATll-Ol THE
N::>R'fflSIDE OF OfES'l'Nt1I' AVD«IB BE'IWEEN 'vAl.J.£"t STREET ~
t£IQ!LAK)S DRIVE 1N THE R-l-7500 zeta:.
Mike HOweS, AsBistant Planner, gave the presentation of
this it:en as contained in the staff report, using a
transparency to show the s i te. He st.a ted that t,he request
meets the r~irements of the c.arls.bad zx:m1~ aoo that
there is a variance for a gecmetric design of the cul-<le
sac. He expressed staff's recarmeooat Ion that the
requested tract map an:i standards var ianc::e be approve:i .
Ouicman Farrow opened &.e ?Jbl1c hearing a t 7:46 p.m. am
issued the invitation to speak.
Jack Nildcinen, Civil Engineer, Bryan ~1neer1ng, 26~6
State Street, carlsbad, cmie up to spealt aoo arJNer
questions. o:mnissioner L'Heurewc asked about the
additional con:! i ti ons ard 1 t he had seen than.
0:mlliasioner llanbotis asked a quest ion about the rear of
lot 2.
Steve Giner, 15'1 San:lwood Lane asked spec! fie questions
about the sub::Hviaion, incl~ir,; how it t1CS subdivioed onrJ
stated that he prefers to keep things the way they are.
OoamiNioner L'Heureux pointed out the area to Hr . Giner
on a map, iooicating that James Drive .,ill not go throu;h.
Hr. Giner uted questions about zoning for the adjoining
property and Olaicnan Parrow infotmed him that zoning has
alr-Sy been approved am was not the iasUP. at this time.
Mt. Giner aak.'.Jd if anything elae other than single unit
dwlliogs wre beir,; considered in the futuni, and
Olaiman Parrow replia1 by stating not at this time.
o:-iuioaer tt:hdden further clarified that thP other
lot.a are larger than the lot Hr . Giner ia presently on.
Na. Gale Ha.aaelmam, 1635 Sarda.ll«Xld Lane, Carlsbad,
quasticx.i the ca.inion regarding nei9ht restrictions.
O.iman Parrow stated that the City Code restricts
heighta. 6bt alao made specific r~ta regarding wio::ScMI
am fenc.ee OYer looking the property.
At Pk. L'Heureux'a ~t, Hr. Nilclcinen CSDe beck to the
padiaa. ltllt:er BrOllll, Civil 81,;ineer, diacuued ~it ion
amber 10 and stated that it l!lbould be removed.
Sine» no one el• wiahl!d to apeak at this tillle, the public
~ wa ccncl uded at 8 : 00 p.m.
f'ar,•ow J:
Rmlbotis J:
Marcus J:
Snith J:
l't:P'adden X J:
L'HeureWt J:
(j)
M INUTES
Fl:!bruary 14, 1985
0:mllliaaioner L'Heureux stat~ that he understood the
a:incerns of the neighbors regarding the privacy issue and
that it appears that the on.I y lot in quest ion is lot ts.
Dan Hentacl'llce, Assistant Clty Attorney, explaine:3 t.hllt the
Planning Cnmnission should indicate to the developer
suggestions made by the neighbors, but that the 0:lmmission
could not rule oo it since It would be a zoning law.
Olairman P'arrow &u99ested that shrubs, etc. rould !::-<-
placed by existing neighbors.
'nle Planning Commission approved the Negative DeclAJ:atioo
issued by the Land oae Plannirx:i Manager and adopted the
following Resolution:
RESCX.D'l'lOi YJ. 2415 A.PPKNl!«; A !"IVE tm SUBDIVISION QI
~PERTY GENERALLY u:x::ATID ~ THE OOR'ni SIDE OF O<ESMJT
AVDlJ! m:"l'W!:!Jf VM,IZi STREET AM> HI~ DRIVE.
~ OF MINJTES:
'nle Minutes of the January 9, 1985 meet irx:i were approved
,u pre5e!lted.
A motion was passed recommending to Council that they
direct s taff to prepare a zone code ameidnent for
parking requiranent.a in R3 and higher z:ones to increase
the residential and possibly visitor's pan..;ng in Areas
of the City where streets do not meet curren: design
staixSarda. Area.a of specific concern are the beach,
older areas of oorth and 80Uth catlsbad, and Bristol Cove.
A report of the cumulative effect oo circ ulation should
IICCCll.pany future applications for projects and variances.
OJmmisaione:r lembotia stated for the record that he i s in
support of the motion with exception of Bristol Cove.
ADJOORMl!ar!':
By proper motion, the meeting of Peoruary 14, 1985, was
~joume5 at 8:15 p.m.
~tfully sutni tted ,
1111th Stclt
Ninut:N Clerk
KlftnGS ARI ALB'.) TAPl!D NI> lt!Pf QI FlUt UNTIL THE MDCTES
AB APPii.MD.
1"8rrow I
Ranbotis X
Ksreu5 X
Snith ll
Hcl'adden X
L'Hcw'.ewc ll X
Farrow X
Rallbotis X
Marcus X
9111th X
!'Chdden ll ll
L'Heureux ll