HomeMy WebLinkAbout1985-03-13; Planning Commission; Minutes,any:; CPt
DUI CP NIBTIN3:
TIMI CP M!BTING:
Pt.AC! CP MB!'l'ING:
MINUTES
Pl.ANNl!«;cx:HilSSJ~
Hi!lrch 13, 1985
6:00 P.H.
City Cbuncil <lwnher s
CALL 'l'O OIOER: 1he meeting was called to order by
dialman Parrov at 6:00 p.m.
P:"~t: Chaitllllln Farrow, Cmmissioners !Onbotis,
Harcus, Slli th, Schlehuber, ~P'adden and
L'Heureux.
Absent: !ale.
Staff Mlnbera Preaent:
walter Br~, Civil Engineer
Olarles Gti.11111, Principal Planner
Kilte Holmiller, Lam Oae Planning Manager
Kike 8:M!s, Associate Planner
Dan Hl!ntachke, Assistant City Attorney
PL!DG& CP ALUX.lEH:£ 1ilQS led by O:mnissioner Snith.
ll'lMINll«. CXJtUSSICJi PROCEnJRES:
Cl\aiman Farrow called attention to the Planning
Cmmiaaioo Procedures being cilOl«I on the screen and asked
the aiz5ience to take a few minutes to read then.
1. CXlP2'7/V-365 -19.RTIN -Request for approval of a
c00:Utloriaru.e perm.it to allow a residential care
facility and a variance to reduce the mx>unt of required
parking fna ab to four speces and to allov theae spaces
within the fra:it yard aetback 0n property located on
the eouth aide of Pala Avenue bet-.en Harding Street and
the Interstate 5 P'reewy in the R-3 zone.
Olul• Gr:1-, Principal Planner, stated that they were
adding a conditico to this project vhich IIOUld indicate
that puking ~ "°'1ld have to meet engineering
ataacSuda (conditico Ill). 0:ladition 12 i«>uld then
~ c0aHtiCX1 13, etc.
Another ~t ..S. .a that the applicant irdicated,
c:antruy to .tat wa wittc ~ in the staff repo.rt, that
the garage wa al~ a living c,arter lilbF.n he purchued
the pa:opucy.
Olarl• Gda, Principal Planner, gave the presentatico on
tbia i ta • c:ootai~ in the staff report, using a
loaaticn 111!1) ~ moving the site. He stated
tbat at a pcwioaa -ting, it 1e11 ooted that a variance
tmald be ~ Ind that staff wa inat:ruc:t.i by the
O-f•icn to retam with a doc:ment and a reaolution of
es11toval. PilllSinp wre llai5e previ~ly by the Planning
0-iwt<ID co tha c:caditi00lll uae pm:ait and D0W they -~ to ... fin!iaga on the variance.
oa.iaaimar L'a.ur.m qoaatian.s ~ or not tbe
..-ta:llUl.d ccnfota if tbay reducm tha parking apeoea.
OIHla Gld• wr«s that they "°'1ld not ccofom by
taal~.
1 ! 1
,l
MINUTES
Kuch 13, 1985 Page 2
c:amiiss 1oner 9111 th wanted to knO,,. 1 f ther e was any street
parking aro Charles Gr um, ment 1004:d mat the street was a
cul-de-sac which could occ-amlOdate sane parking.
Ccmn1ss1oner 9nlw"l also questioned whether the ren1dents
had C4tS and 0'4rles Grum, stated that as far as he knew
they d 1d not .
O'laicman Parrow opened the publ tc hear 1nq ,,t t : iO p.m. and
issued the 1nv I t..,t 100 to speak. Since no one .. 1 shed to
speak on thlS 1tan, the publ I C heM 1ng ..as close:!.
O::m:111ss1oner Ranbot 1s s.,1d that he rev iewed t he proJec-t ard
had no problan with i t s1~ most o f t he people do not
drive.
cami1ss1oner Marc-us .r,ked 1 f t he tac I i , t y was " 10-bed or
12-bed fac1 l I ty. Olar les Gr um, ans\olerf"d that he thou:jht
1t would be an 11-bed foc1l1ty and th.at the var iance was
to reduce the parking tn:l a l l ow for parking 1n the
set:back.
C:am11ss1oner L'Heur elJJI expresscc! his desire to 1nclu:le "
cooo1t1or ~hat the parking areas conform to eng i~r1r-.,
s:pec1!icat1on and Q).)rles Grum, ,l<jreed tha• >t should !x>
r~rded to reflect the variance.
Planning o:mn1ss1on adopted tl'le following resolution:
RESa.lJTICti NO. 2421, ~lt,t; APP~ OF A
a::H>lTI~ USE PERMIT ro 1'.f.L(J,,I A RESIDEm'l-'l.. CARE
CARE Pl\C1LITY ~ P!a>ERT'Y (J?NERALLY t..CX:ATID ~ THE
SOlml SIDE OF PAUi lW!24Uf: ·1E'!Wml HAROIIC STREE."I' ~
INTERSTATE 5 FREl'lMAY.
Added cood1t1on: 'the appl 1cant shall provide four parking
speces as show\ 1n Elth1bit A. Parking spaces shall be
improved to Clty Encpneenng stardards prior to OCC'l.lpllnc-y.
2. CT 84-42 -VON PAOCARD -Request for approval of an
eight lot subdivision on a l . 78 acre parcel located on the
aouth aide of Tanwlrack Avenue between Adana Avenue and
Kighl and Dr i ve.
Mike Howes, Aaaoclate Plannet , gave the presentat 100 on
this it.mi aa cont.al~ in the staff report, using "
location 1111tp transpa.rency showing the site . He stated
that a revised plan reduclrl:j the units frCIII eight to five
_. r-ived by the Planning Oepart:nent bot that staff had
inadequae. tiJDe to n,v1-the revised plan . He requested
a oontinuance to allo,, staff tl..l'De to write I.JP conditions
of approval and II resolut 100 rocoamero ing approval.
OJD1uioner Schlehuber stated that he would favor a
oont I.nuance 1! there -.. 11 def in I te t illle fr amr aet .
Q\oiCMn P'artow suggested t.hat the I tm, could be cont in~
or the o..aiuion could look at the ne'-1 aut:mi ttal
thaMlvu. ~er, Dan Heotachke, Aaslatant City
Attorney, pointed out that It was not po-Ible to look at
the !WV propoa:il th3t oven Ing. H1chale Hol zm1 l lor
~t-' that tho li:.n be conunued for one month.
Or:miuioner SchlohUber tee.a.mended cont1nu1nq 1t for 11
1101'.lth IIUbj«:t to openl.ng it tonight for those who -re
pre9Slt for the ~l 1c hear 1ng and cou.ldn' t attend at the
later date. 0:-1.uioner M:l'lldden pointed out that it was
Farrow X
RanbotlS X
Marcus X X
9111th X
Schlehuber X
ptF.',dden X
l..'Heureux X
MINUTES
P~IN:, CCM1ISSION 1-brch l 3, l 98S Page 3 COMMISSIONERS
possible they "'°uld be l 1sten1°'1 to scmeth1ng en· irely
different at the later date arrl therefore could possibly
be wasting tune by l 1sten1ng to anyone this even1rq.
A mot i oo was passed cont: nu l ng I ten t 2 for one montt unt 1 1
April 10th.
3. OJP-l96(A) -OKUN -kequest for an .nendnent to an
existing conditional use permit to al low a c hange of
ownership at the Montessor I School on the e.:ist side of
M!ld ison Street between Elm Avenue ard Oak Avenue 1:-, the VR
zone.
O\ar les Grllffll, Pnnc1pal Planner, 9<1ve tile staff r~port on
this itan, using a t r ansparency showing the site. He
St.!ted that the only change being proposa:l wzis a change
in operator of the f i,c1 l 1 ty a m pointed out there were t 1oO
options: 1mcnd1ng cond1t1on t 5 t o reflect ~he ~
operator Mrs. Burlte , or delete the corrl 1 t 100 a l together.
He expressed staff's recam,e11da t 1 on t~t the cond 1 t ion be
dele ted since there 1s no criteria to evaluate t he
operator, arrl anphas1zed that everytl11rq e lse "'°uld reM1n
the same.
D:ln Hentschlte, Ass istant City Attorney, also recannended
deleting the condition s ince them 1s no criteria t o
evaluate the operator.
Camiissioner ltf'l!ldden quest toned who would l 1cense th<
operation of the school and Olar les Gr IJffll repl 1ed by
stating that the St.ate licensed the school. He further
irrlicated that the applicant brought a copy of the l 1cense
to the Planning OepartJnent.
Dan Hentachke pointed out that the 11cens1ng of the
operator is not a Planning tunct100.
In anan,ier to a query by O::r11111ss1oner 1'1arcus, Q\arles Grllffll
stated that the prev 1ous cond 1 t ions ~re canpleted and
were ju.st being t r anafet"red to the new owner.
C>:lllllliaaioner 9nith expressed cooccrn aoout the facil 1t1es
arrl wanted to know who I napect.s 1 t . He 1 nd 1 catfld that
thi s may be a good t illle to look at the tac 1 ! It 1cs.
Chaiman Parrow SU19ested tr.at the appl 1cant could answer
that question.
O\aiman Parrow opened the publ 1c hearing at 6:2' p.m. and
iaued the i rrv it.At 1 on to speak .
Kr. Jeff Okun, OIC\..i and Aaaoc1atea, P.O. Box 1874, San
ttllrooa, spoke on behalf of the applicant. He Indicated
that the 011ner WDa mt:1'I Ing her achoo! fra,, Oc-eanside to
Carlabed. tte amntioned that he agreed t.hllt COR:lition 6
should be deleted and continued to l iat the agencies that
are reapoa.aible for licensing the facility <ind chocking on
1 t. Ht further lrrl ica ted that the cond It i orui have been
fulfHle:S, arrl in reapol'IN to atatmmnt.a raised earlier by
OJlllliuioner !'t:Fadden regardi ng the alley, he sa1d that
the previous condi tion WDa to enter Into contract for
Farrow
RonbotlS
Karcus
9nith
Schlehuber
l'tf'ooden
L'Heureu.x
X
X
X
X
X X
lt
X
MINUTES
.March 13, 198S Paqe 4
alley improvements and that th 1 1-3 be-e<1 done urder ~
previous use permit. He emphasized the need to keep the
land use matter in mind wher, cnns1der1ng the con,.,1 tional
use permit.
Kr. Jeff 01r1sman, 348S Valley Street, Car l sbad,
distributed material for the Commission to read and
proceeded to explain why he opp:>sed thP change of
ovners.'1ip to the appl :cant. He stated that there have
been complaints raised against the applicant's faci lity 1n
Oceanside am that there 1s a problem w-1 th the lease. tie
further indic.-,ted that there has been no legal transfor of
tllli: business. Lastly, ht-s tated that a lavsutt was filed
in San Marcos (sic) against the property. He therefore
requested that the Commission deny the applicat 100 without
prej1.xhce.
Kr. Jim Bottomley, Legal Counsel, 630 Alta Vista Drive,
Vista descr. ibed the events at the prel!m i n.ary hearing
against the owners of UY proper ty. He also stated that
Joan and Pam ~ke were named in the act 10n, which 1s
presently scheduled to be heard on 1-prtl 10, 198S. He
requested that the matt er be denied without prej~1ce
while the Lawsuit was cont1nu1nq.
Commissioner Ranbot is asked if ti¥' dispute was over two
lots and Kr. Bottomley ven f 1ed they we·re over lots 3070
and 3062.
Kr. Bottomley explained the purpose of a booo m answer to
a query by Ccmnissioner S::hlehuber.
Jeff Scott, Attorney, 751 Rancheros Dr 1ve, San Marcos,
represented the applicant and insisted that the legal
obl igationa were a matter of the court and not the
Planning Ct:Jm:mias1on. He further explained the temporary
restraining ordel: issue al though he felt that the
Commiaaion should be concerned only with the facility for
this property. He agreed with the suggestion that
c:ur:Htion t6 be dropped.
P1r. Bottcml.ey was al lowed to respond to the appl 1cant .
Since no one else wished to speak on this Item, the public
tnt.imony •a cone l uded II t 6 : , l p .m •
0:-iaaioner Schlehuber requesr-.ed that O!n Hentschlte,
Aaaistant City Attorney, give h is comments regarding the
lawsuit. Olan Hent.llc:hlte emph.uued that the O:lmmission
should not get involved in the ,egal dispute which was
irTitlevant to the iaaue ot lam use. He also rec'CllllJlletld
that ccmitioo 16 be deleted since the concern of the
0:lmmiuioo is only with the physical operation of the land
and not the peraonal operation of the facility.
0:-iaaioner Sc:blehuber asked .u:iout 3062 and 3070 and
questioned vbether or not 3070 is essential for the land
uae. Olar.lea Gtiac stated that it is since II certain
laOUDt of -iuare footage ia ne::ided for recreation and
cl&SSrOCII.
0:-iaaioner Schlehuber expre, sed that he had no problem
with it aa lcxr;J aa it ia clear that parcels , and 5
(3062 and 3070) were being add eue:!. He stated that the
lawaui ta bel<XrJ in the courts am not with the Commiuion
and ther:atore he "0Uld support the resolution. ®
MINUTES
PLAMIING COt'!ISSION Kuch l3, 198"> Pa e 5
Cl:mnissioner L'Heureux questioned why this 1ss~ was being
discussed if the cooo it ional use permit had not exp1red
and OISn Hentachke replied by stat 1rq that the C1 ty 1s
unable to amerd a corditiol'l31 use peon1t without
presenting it to the O:mniss1on .
Cmm1ss1oner l'tf'adderi stated that s he supported
O:mnissioner &~.!ehuber ard that she felt the O:mn1ss100
should not get into atiy legal problans. She expressed 1->c,
interest in having the alley paved .
wal ter Bro,,,n, Cl vi 1 Ellg 1neer, expla 1ne:I that th 1 s was part
of a lien contract, am that at soch tune .<hen the City
Ellgir:eer decides the Improvements are requ1 red, the owne1
would have to do it. He further 1rd1cated that thesP
lmprovaDents were usu.ally not required until a sufflc1ent
amount !Mde 1t a worthwhi le proJect .
caimiss1oner SChlehuber asked for c.~r1f1cat100 rec;iard1rq
the QJP, whether It was a new one or an ilDlen:led one. Dan
Hentschlte verified that it 1s a CUP amerdnent to the
original cooo1t1onal use peon1t am s~ested that they
include in the cKDerrlnent that 1t applies to all lots 10
the appl icat Ion.
Q:mnissioner L'Heureu.x asked 1f :.here is ,Htanpt to
convert the structure to sane-what res1dent1al use, would
it be in violation of the anerdnent. r:nn Hentschke
replied by stating that by amerd1ng the cooo1tiooal use to
inclu:k bot.'l lots, they will cove r everything. It would
have to be anended !or them to do anythirq else to lt .
Q:mnissioner Harcus s>.r.mar I zed by saying that they were
amending the existing pennlt aoo that they would delete
the con:H tion that was In the orig rnal con::l it ion use
pemi t for the other owner.
Planning Q:mn1ssion c,dopted the followrng Resolution:
RESOU.n'ION NO. 2416, APPROVlti:; AN AHllOiEN'I" 'ro A
CXH>ITICNAL USE PE:RHIT 'ro AU.n,/ A OIANGE OF ~IP
AT ffl! r«lNT!SSORl 9'.)fJO(. CM PK>PERTY GENERALLY
c.a::A.Tm CM THE F>.ST SIDE OF ~ISO. STREET 8E'1WEni
EUI Avm«JE A!iD OM AVEMJE.
W1 th the fol lowing 11DeOOme! its :
Adda:! coooition: CX>n1ition 1s such that instead of .t
being o lien conttoct on the owner, that the <:Mler sno l i
improve the full wi dth of the alley along the 100 foot
frontage of this property to the satisfaction o! the
Engineering Department.
Mded condition: 'lhls peDIUt specifically appl 1es to the
property know aa 3062 and 3070 Madison aa one contiguous
piece of property.
Delete condition 6.
4. CT 8'-40/CP-301 -HARDING ~ CXHXlS -A reques toe a 24 unit tentative tract 111a~ condODinun per-.m
the ~t corner of Harding Street and Oak Avenu. 1n
the RD-H zone.
Mi-ke flolliN, Aaaoc:iate Pl41'10er, gave the presentation on
thia i t1l!III u contaioed in the staff report, uaing a
transparency to show the site . He explained that the
applicant _. willing to sign a contract reeerving 25\ of
Farrow X
Ramxlt lS X
Marcus It
9!1ith X
Schlehuber I[ • l'tFadden It
c.' Heureux X
MINUTES
PLA?,lilt«; CCM'11SS1~ l'erch 13, 1985 Page 6
the units sold for low to moderate 1ncane people. He
INllll&rized by sayi ng that staff felt that the design arrl
mnenities of the project did not Justify a~oval at the
high density range aoo that condanin1t.J11 requlrenents -re
met marginally. Staff felt that there ts a signt1c1ant
difference bet:~ apartment aro condCJTllnllJll proJects. He
further indicated that the project would contr 1bl.Jte to
traffic circulation problens on Elm Avenue.
camiaaioner Schlehuber asked If there would be any more
traffic for the cordaninl\JIIS than apartments. wal ter
Brown replied by saying that they anun p:,ted more
vehicles in condan1ni1J11 units.
Ctmlli ss1oner l't:f'lldden quest 1oned row many one and two
bedroan un1t.s there would be an::l ltike HOweS 1ro1cated
there would be an everi spl It , t-1 ve of each. Regard 1 ng
the agreement for low and cnoderate housing, he stdted that
this was bei ng d iscussed "'itll the City Attorney's office
bl.it nothing has been approved yet. Dan Hentschke,
MSistant CHy Attorney, c:onf 1cned that this agreenent -s
different frCJTI others made 1n the past arrl that the
agreanent has not been f lnal i zed.
Carmissionex l't:Plldden ~ 1 f the aqreenent could be
enforced and Dan Hentschlte answered that 1t 1s more
difficult to enforce with sale units thll.n rental units.
He further stated that th1 s k1 ro o f agreenent has bee:,
done in other juriadictions of the state. He felt that an
agi:eenent could probably be r~ched lolhich would be
agi:eea.ble to City O:>uncil.
O:mliiaaioner Rcmbot is pointed out that there would be the
.-nl.Jllber of people rega.rdl ess of whether they are
renting or selling the units. He continued on to say that
he was not convirced that there would be additional
tra_fHc a_s a result of the pro)ect being changed to
sale uni t.s fran rental uni t.s.
Mika lblzmiller, Land ose Planning Manager, st.oted that
there is different traffic generation and amount of cars
foi: renters and owners.
0:-iauone.r Piarcua camiented that the question of traffic
generation tea brought up at an earl ier date and she -.s
infomai that the redlx:ed parking for apa.rtments -s to
~ bui 1d ing of apartlllerlts. She further i nd ica ted
that she did nrt -much difference be~ the two and
IIOWd be cur ioua to -the at:u:Sy that ahcNs the
differ~. *lt:et: Brawn, Civil ~ineer, resporded by
stating that tha difference is about U\.
0\ai man Fanow opened the i:u,lic heario; at 7 : 1 o p .m. and
luua'I tt» invitation to speak.
* • Rick Stlaler, Ughtfoot , Aa8ociates, 702 Fourth
Stnet, oc.-naide, diac:uam the bacltgroum of the initial
appEOYal of the apart?!mlt proj ect -tllch _. located
adjacsrt to tha rmr.,e!<>s-Jt area. tte 11111lh.ui zed that
the oondcwinim project wu all of the aspect.a of the
original propoa]., especially the affordability aapect.
Ill atata5 that a current agi:eement t:»lng negot lated
iDcludea tbe 1:9QUir-,t that the title pol icy caapany
will be the •td'dog and the City "'111 be able to revi-a ~ ia:Uviduala 1110Ying into the unita. tte felt
t:hia CIOUl.d be wrlca1 out to the City'• satisfaction,
~ially aince it baa bNn done elNllhere. He expreaaed
bia belief that the change to condallinil.11111 vill upgrade
MINUTES
!'\'Srch 13, 1985 Page 7
the project and continued to explc>in why he felt this was
the case. He adm i tte:l that the project was above the
general plan but felt that It was only three or four uni ts
too many an:! emphasized that anyt~ing less than 24 unit.s
would be unecooom1cal for his cl 1ent.
Commissioner SChlehuber stated that r>e considered
providing affordable renul housing and affordable sales
housing as t;,,o different concepts. l'\r. RIJsaler point.Ed
out that when they re-analyzed the cost of urrlerground
parking , they fourrl i t was not econan ica l .
Commissioner L'Heureux commented that It was or1g1nal ly
processed as an apartment complex even though at that time
It ... as obvious that It would be con::iom1nHrns.
Hr. Rosaler replied by saying that at that tune, there was
a greater nee:, for apartments in the City of Cul~ and
not for affordable sales.
Olairman Farrow mention!!d that he was involved in the
project at that t imP. an::i that It was agree:! to at that
time because it was presented as an apartment proJect. He
made it clear that he would not have supported the general
plan lll!lendment otherwise.
l):)n 1,gatep, President, lbrmandy Pacific COrporat1on, 2956
Roosevelt, carlsbad, stated that he was the property owner
an:! seller to f'tr. Grisnik. He also mentioned that l'\r.
Grisnik had done everything the City has requested with
respect to a design project In the downtown are.-,. He
explained the circunstances regarding the initial decision
to buHd an apartment proJect on this property and stated
that the project being presented this evening is for a
condominium project, although it does not precltde anyone
from renting on the property or a portion of it. He
expressed his belief that there would be no impac· on
traffic an::i he point.ed out that a Negative Declaration on
the coroominium project was issued by the Land Use
Planning !1anager for a 24 unit apartment c:anplex l l/2
j,'eatS ago and that it was no different than that being
propoam tonight.
Braylio 8. Lopez, 931 Qalt Avenue, car lsbad stated that he
lived in the area for SO years and askoo that the masonary
fence be at least seven feet high since he would l ilce to
be protected from the project. In answer to a query by
O:amiuioner 9111 th, he stated L'lat there was heavy traffic
iu the are11.
lt>bert SOnneborn, 3985 Stella liars Lane, car lsbad,
indicate:! that the initial concept from the beginning was
for c:on:Sominhas IX> be built and reserve six imi ts for
rental ~!~::. Nhen examining the economics, it was
determined that 2, units for rental would be WleCOOOlllical
ard that the dovntx>wn aree would be better for heme
ownera. 1-11 continued on to say that there is no
difference bet_.. apart:menta and comomini~ sand that
they would be offered at th.! same pr ice as µsyment of
rental uni ta.
Since no one elae viahod to speak on this item, the public
teatilllony vu conclude:! at 7130 p.m.
0:mmliuicmer 9111th expreua, Ilia concern regarding tra.ffic
circulation since thia vaa in a downtown area. Due to new
City O>uncil policy, he indicate:! that Cbuncil will not (j)
MINUTES
l'\'lrch 13, 1985 e 8
approve this proJect 1f 1t 1s above density and impacts
traffic. He further stated that he had no problem ._ith
the cordomin1um concept. Just w1 th the density.
Commissioner Schlehuber also 1rrl1cated that he felt there
would be an impact ?O traffic. Prev 1ousl y t.hey were
looking at rent.al housing when rent.al housing was nee:,e,ci
in the area but now they are asking for a transfer. He
felt he could not support a resolution for the units.
~irman Farrow commented that he supported the
corrlani niums but he could not approve 2◄ units.
Oxnm1ss1oner Karcus stated she does not m1rd whether or
not there are condominiums or apartments. Her maJor
corrern was w1 th the new Cbunc 11 pol icy am therefore she
could only agree to twenty units.
Oxnmissloner lbnbous expresse:l h1s concern about
additional two bedroom units arrl said he would have no
problems it It was t.'le same proJect.
canmissiooer L'Heureux declared it 1s import.ant to have
permanent residence downtown but felt that 1 t Is a l 1 t t le
too dense for that Site ard what they were trying to
!IChieve with regard to a:nen1 ties. As a resuJ t, he
expl.iined that he had problems supporting the proJect on
that ground.
Comtniss1oner Schlehuber !!ltatec! that he was against
condomin11ns with the density proposed and Comm1ss1oner
~F'l!ldden agreed WI th him.
Planning Cbmm1ssion adopted the following resolution:
RESOLUTIOO 00. 2417 DENYI!l:. A 24 UNIT TDll'ATIVE TRACT !"IAP
AM> OHX>HINIUN P~IT 00 PROPERTY GDiERAU.Y LOCATFD 00
THE SOOTH!AST COONER OF KMDI!l:. Sl'REf:I' MO OAJ< AVENJE.
5. OJP-269 -FINNEY -Request for approval to allow a
tenporary autcmobil~ sales office trailer on property
locaa!d at 5445 Paaeo Del Norm in Car Country.
Olarles Grimm, Principal Planner, gave the st.aft report on
this item, using a tr ansparercy to show the s i te. He
state:! that the intent of the ordinance is to make sure
that the tenporary sales office has a pP.xmanent facility
and that the temporary trailer CNVlOt extaid for more than
one year. He pointed out that the applicant cannot
provide a plan at this time because it is not lcnown what
kioo of dealership is going in and therefore staff could
not recommeni approval of a temporary automobile sales
office trailer oo the property.
O\llir:man Parrow opened the ?,lbl 1c he.lr 1ng at 7:40 pn. and
iaued the invitation to speait.
James Pinney, OWner, James Finney, Irx:., 5445 Paseo Del
Nor te, Carlsbad, explained the reasons vhy pe.rmAnent plans
for a cai: dealership could not be drawn up at this time.
He ia fairly confident he vi 11 be getting this new GM
dealership but not enough to begin building a facility.
He bu already hired sales man.tgers and sales people for
this facility and indicated hie intent to bridge between
the preaent day am time that he could sutmit plana for
the building of the actual facility.
!"arrow I[
Ranbotis I[
l'larcus I
9nith I
Schlehuber I I
McF'adden I
L' lteureux I
®
MINUTES
March 13 1985 Pace 9
In answe1 to a query raised by Comm1ss1oner Rcmbotls
rega.rding approximate time fcame, Ki:. Finney explained
that he believes 1t might be within thirty days. He also
stated that if the dealership goes through, it could brifK1
approximately $60,00~75,000 in ircome to tlw ;'.:ity of
carlabad.
Since no one else wished to speak on tlus item, the publ 1c
testiinony ~ concluded at 7:•6 p.m.
Commissioner Schlehuber asked staff 1! the Comm1ss100 can
lll4lte a short cooditional use pera,it for thtrty clays with a
corditioo that a site plan be f led acceptable to msr.bers.
Olair111an Farrow pointe:l out that t.'lere could be a
conditional review in sixty days.
Olarles Gr 1111111 answered that the cood It 1onal use per 1od 1 s
for a period of one year and at that time, the facil 1ty
1o10uld have to be under construction. 1'le Commission could
grant a con::Htion requiri!"K1 the site plan to be sul:rn1tted
within a certain period of time.
Commissioner lonbotls brought up the fact that there have
been previous problems with trailers since some of them
never get moved. He asked if the appl 1cant would post a
bond for the removal of the trailer fo1 " certair, period
of time and the applicant indicated that he 1o0u.ld.
Callmissioner Schlehuber said that a temporary t railer 1s
generally granted for a ~r but it coul.d be for any
period of time and suggested that it be for sixty days.
If the applicant does not provide information within that
time re:;iarding the permanent facility, he 1o10uld be
required to ranove the trailer.
Dan Hentachke, Assistant City Attorney, agreed th.it sixty
days would be satisfactory but may present a problem for
the applicant am therefore recommenied that a motion be
made to direct staff to prepare a docunent supporting the
conditional uae permit for sixty days am that a site plan
be auanitted. If presented, the condition will exterd for
a one year period.
O:lllmiuioner 911ith expressed his conoern about
establishing a preadent since this could happen along
PointNtta.
O:lllmiaaioner lbnbotis felt that the bases have been
00Yend am that sixty days would be too tight. He
auggffted a period of ninety days instead.
O::alliuioner ttc:P'adden questioned whether there would be a
ninety day n1viev and Camlliasioner Aombotis indicated
there would be. He further stated that the appl ica.nt must
aut:Dit a a1te plan and that there would still be a bond
for the ta11oval of the trailer if at the ero of ninety
days he hid not done anytr.ing. OXzmtissioner McFadden
apreum her •uwcrt.
O:lllmiuioneT 9::hlehuber said that there is a p:oblem vith
not knowing vhat the trailer would look like am further
atated that he is in favor of giving the applicant a
cbanoa, but ti. should be able to provide a temporary site
plan for review.
MINUTES
w..~h 11 lQQC:.
Q:lmmissioner McFadden felt that 1f 1t looks like the
picture on the back of the report, 1t would be agreeabl~
to her.
o:immissiooer Schlehuber was concerned a1.10ut other types of
businesses requirin;i temporary trailers aro indicated he
would like to see a ro1J:3h sketch t n two weeks.
Olarles Grimm said that they could come back in two weelts
with docunents.
A motion was pessed asking staff to brir,;i back conditions
of approval for a t.empora.ry sales trailer at the Finney
establisment, and that the conditions of approval will
address subnission within ninety days of a permanent site
plan, an:l that the a.JP be for a year with a ninety day
review period and bond for removal of the trailer if
applicant does not sutnit a site plan within ninety days,
or at the end of the year has subnitted a site plan ard
has not begun earnest construction.
6. GPA/C 84-l(A) -CIIOJLATICtl ELEMlln' -Reformatted
edition of recently adopted Circulation El.anent .
Jim Hagaman, Research Analysis Manager, gave the
presentation on t.h1 s i tetn. He explained that the
Cbmmission had requested staff to reformat the Circulation
Element to make it more urrler standable for the publ ic
without chang ir13 the content. He stated that the only
chlSnge made wa.s to bring the docunent up to the current
state guidelines on pctge 9 with regard to Pipelines and
Otility Lines. He indicated that the next action, a fter
O:,uncil approval, was to go back for new graphics and
make it a presentable document for public distribution and
understand irxJ.
O\airman Farrow opened the public hearing at 8:00 p.m. and
i88Ued the Invitation t o speak.
Mr. GeI:ard Anear, l 728 calavo Court, car l sbad, spoke in
connection with traffic flow on Tamarack. He indicated
that more than the anticipeted flow wi 11 be on that road
within twenty years from now.
Since no one else wished to speak, Olairman farrow closed
the publ 1c hear1~ at 8 :02 p.m.
0:lllmiaaioner L'tteureUJ: questioned whether the Onmiaaion
vu ■imply awroviD:1 the reform.atirx.i of the docunent or
"81:e they to diacusa the contents of the docuDent. Hr.
Hagmaan replied by ■ayi[XJ that the Cmmlission vaa free to
do aa they chooae aince this was a public heari~ on the
matter.
0:lllmiuioner 8D1th mentioned that he was concerned about
1':aaraclt tram I-S to Carlsbad BoultWard aro said that
9CDething need• to oe done about it. He wished it stated
for the r:ecotd that he felt they were maid~ a 111istalte
about Tllalaraclt.
Planni~ 0:lllmiaaion awrov«S the Negative Declaration
i--S by the Land oae Punning Oommiaaion am adopted the
following Aasolut.ion:
RZS:ID'rICli l«). 2,20, .\PPtVvitil. AN AHDO'll!lff ro fflE
CIICJIATICli ELDmn' ~ THE GENERAL PLAN ro REP'ORMAT AM>
l!DI'l' 'tHB CUCOLATICli IIU.Ml!m' TEXT NI'ffi II'.) MOOil'ICATICli TO
ffl! lll!'Dl1' OR saBSTMa a. ~S LOCAT!D CITYWIDE.
Farrow
Ranbotis
Marcus
9nith
9:hlehuber
McFadden
L'Heureux
Farrow
faDbotia
Mucus
Sllith
9::hlehuber
McFadden
L'Haurun
@
X
X X
X
X
X
X
X
I[
X X
II
II
II
X
II
MINUTES
Kuch 13, l98S Paqe 11
7. u::A-l67(A) -SERVICE STATI~ PRICE SIQlS -An
amendment to the zoning ordinance regard·.ng pr ice signs
for service stat ions.
!1ilte HOlzm1ller, Laro USe Planning Manager, gave the
report on this item, using transparencies, ·rdicatlng that
the Q:mmission had directed staff to redo an amerdmeot to
the ordinance basoo upcn what the applicant was proposing
as a tradeoff to the vairana>,5. He suggested that the
four con:Sitions outlined 1n the staff report be included.
Commissioner Rcmbotls questioned how h1gh the sign can be
of! the groun:I. !1ilte Holzmiller answered by stating t hat
there is a maxirn1.1t1 of 9' in ~erqth aro 6 feet in height,
an1 that they can add how high the sign can be of! the
groun:l to the coro1t100.
In answer to a query by Ccxnm1ss1oner Mc.Fadden, !11lte
Holzmiller said that urner the present ordinance, they can
have three signs whereas now they will only be allowed one
large monument sign.
In response to a question by O::rnm1ss1oner Rc:nbot1s
regarding the location of the sign on the property, Mike
Holzmiller irdicated that the present ordinance covered
it .
Olairman Farrow opened the p.lbl 1c heanr.g at 8:10 p.rn. aro
is.sued the invitatioo to speak.
Sm Blick, Attorney, AJCO, Fairbanlts Ranch Plaza, Rancho
Santa ~. urged for the approval of the resolution. He
iroicated this would be a step in the right direction to
eliJninate big tall signs with lots of square foot.age.
Since no one else wished to spe.,k on this Item, the po.bl ic
testimony was concllX!ed at 8:15 p.m.
Dan lientschlte, Assist.ant City Attorney, recomrnerrled that
the CXnmission clarify that only one momnent sign is
al lowed on the property.
Plaming Camisaion adopted the follo....ing !esolution:
RESOWTIOO t«>. 2,23 APPROVIN;:; 1.a.E OX>! AHFXlHENl',
AK1ll>IKi Tl'IU! 21, OiAPt'ER 21.41 OF fflE CARISBAD HUNICPAL
CXDE, BY THE AKEHlKENl' OF 508.Stx:'TIOI 2,.H.074(a) (2) 'TO
Aro REQ(}lmmn'S REGMDIM; SERVICE srA'rlai PRlCE SIQiS.
lidded com 1 ti on:
Clarification that the total height is 6 feet ard that
only one f r eestan:Sing sign is all~ on the property.
can"IWED OIOCOSS IOO IT'Ot:
8. PC0-73 -BP.ST BUILDERS -Request for a Planning
Cl:Jlllllli.uion Determination for a three-unit apartment
project generally locata::I on Walnut Avenue between Lincoln
Street and waahington Street in the R-3 zone.
Kike Howes, Asaociate Planner, gave the staff report on
thia it:811, using a transparency to show the site.
Farrow X
lbnbotis X X
Harcus X
9111th X
Schlehuber X
l't::Fadden X
L'Heurem r
@
MINUTES
Pt.ANNIN:. CCH'IISSION March 13, 198S Page 12
He explained that the proJect exceeds the mean density and
will contribute to traffic congestion 1n the beach area
and n~ca1meuded den i a 1 of the app I I cat ion .
Henry Tubbs, 690 Elm Avenue, Carlsbad, stated that the
project was submitted before the new City Council policy
change. He further stated that It would mean the
difference between bu1 lding two units instead of three
which would result 1n a l/3 loss of the project arrl
would have be devast.atrnq t o such a small proJect.
Commissioner Farrow in:l!cated he felt that the difference
between one unit was marg i M 1 s incc 1 t was only slightly
over the density a:-rl therefore he would favor three uni ts.
Canmissioner Rombotis agreed am said that this proJect
basically meets the intent of what the Council inteoded
and that the broad policy did not fit this situation.
Canmissiooer Karcus also agreed, stating that she didn't
think one more unit wi ll make a difference.
Commissioner McFadden asked how wide Walnut is arrl whether
Washington goes through or is It a dead end. Walter
Brown, Civil Engineer, explained that there were sar.e
errors on the applicant's map and that Washington is
thirty feet wide and will have no parking.
A mot ion was p.issed request in<;1 staff to bring back
conditions of approval for the proJect.
OFF-AGE!O Inl'i:
Kilce Holzmiller, land Use Planning Manager, discussed the
resolution of intention and location map on the Southwest
comer of La Costa Avenue and Rancho Santa Fe Road, ZOne
C-2 which vu not put on the master plan and is an
extremely aensitlve piece of property.
Planning Commission adopta3 the following Resolution of
Intention:
RPSX.ln'Ia.l Cl IN'!Dn'IC»I NO. 17 2 OED.ARIN:; I TS A'l"l'Em' I Oi 10
ci:iislD!R NI N1lHlM!BI' OF TI'n:.E 21 OF fflE CARLSBAD
IOnCIPAL CXXE.
Kilte Holzmiller, Land U&e Planning Kanager, discussed the
thr• reoomendationa made at the City Council Keet ing the
prl!'llioua evening:
L Requiring out.door employee eating areas in the
industrial and c,:amercial zones.
2. Staff looking at C0111ing up with special developnent
•~ on grading.
3. Parking requirements for R3 and higher density zones.
F'l>r row " Ra!i>otis X X
Marcus X
9nith l(
Schlehuber X
l'tFadden
L'Heureux X
Farrow X
Rallbotis X
"'rcus X
Snith X
Sch.l&huber X
l'tPadden X X
L'Heureux X
®
MINUTES
PU!illIN:. CCHUSSION l'brch 13, 1985 Page 13
Cbuncil agreed to looking at all three items. Item no.
l vaa moved forward at this time since it is eaay to do.
'ftle other two !tens will be held until after the Citizen
0:llllllittee ocmpletes the laoo use developDE!t"lt in July.
By proper motion, the meeting of !'larch 13, 1985, was
adjourned at 8: 31 p.m.
Respectfully submitted,
Manager
Ruth Stark
Minutes Clerk
HE!TI !CS ARE ALOO TAPED N<> KEP'l' CII FI U: Lim'! L ffl£ l'I INIJ'l'&S
AR! APPA:'IYED.