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1985-11-13; Planning Commission; Minutes
r •· . MINUTES PaT It«; OF: DA'l'I! OF flEE'l'IN'.,: TIJ'II! OP la'l'IN'.,: Pl.ANNIN'., O'.)PfUSSIOI November 13, 1985 6:00 P.M. PLACE OF MBETIN'.,: City Coone il Cllambers CALL 'IO ORDER: The meeting was called to order by dialrman Schlehuber at 6:00 p.m. Present: Olairman Schlehuber, Cannissioners McFadden, gnith, Hall, Holmes, Marcus and L'Heureux. Abeent: None. Staff Hl!n'bers Present: O\llrles Grum,, Principal Planner Mike Howes, Associate Planner Dan Hentschke, Assistant City Attorney Michael Holzmiller, Land Use Planning Manager Clyde Wickham, Associate Civil Engineer PLl!DGE OP ALL!X,INCE was led by Chairman Schlehuber. PLANNit«; CXHIISSIOO PROCEJXJR&5 Olaicnan Schlehuber called ttention to the Planning COlmiuion Procedures being shown on the screen aro asked the audience to take a few minutes to read them. OMlillllM Schleruber announced that the developer had asked for a thirty day continuanc..--e on !tens 6-9 aro asked staff for their ~nts. Mike Howes, Associate Planner, intUca ted that he d idn' t feel these i tans should be oonti~, and Dan ttentadlke, Assistant City Attorney, concurred. 'ftl8 mamers of the Cannission decided to follow the agenda and not to continue those items. <DITINUl!D PODLIC HEARit«; l) ICA-185 -CITY OF CMLSBM> -A Zale Code Ameronent regulating the alae of garag s in reeidential zones and prohibiting the rental of residential parking apacea/9aragea. °'8rl• Grial, Principal Planner, gave the staff pt"-.Otation on thia item H contail'Md in the staff npirt, uai~ a tr&naparSlC)' to show the site, He briefly dacru.1 tho project and explairwd that the condition prohibiting the rental of required parking apaoes was raoved fr<a the Ordinance but that ataff still felt at.rongly that it should be incl\ded. Oralliuione ~. wanted to know why they wanted to pu it in •in since it.,.. already i n the Ordinunce, and Nr . Gr 1-r-.,orded that it Wll8 not spec if ical l y sta cru in the Ordinance, and that staff wanted to include it in to enforce it more readily. ring at 6:10 p.m. CD MINUTES P~IN:; (XHo{ISSIOO Novent>er 13, 1985 Page 2 COMMISSIONERS Carmissioner Snith said that he did not want to see the provision as staff suggested because he felt that a person had the right to rent their garage. He indicated that they might want to do sanething about other outside uses. Carmissioner Harcus agreed with Carmissioner Snith and wor,jered if there was a way to make it a prov1s1on in the ~R's for condo uni ts that they could not lease the spaces out to others. Ocmnissioner L'Heureux cannented that he SifflPclthized with the problan that staff was concerned about and agreed that it had been a problan in the past and probably would be more of a problem in the future. Carmissioner L'Heureux further stated that presently these garages were for parking cars for that particular unit and not for rental to others. He added that enforcenent would be a major problem, and said that if staff felt that it was a problem and would continue to be a problem, then it should be attached to an Ordinance. Ocmnissioner McFadden asked for specific information regarding what was already il1l)lied in all the ordinances pertaining to renting a garage in a r esidential area and Michael Holzmiller, Land Use Planning Manager, described how it was set up i n the Zoning Ordinance and the need for a mechanism to enforce it if a problem arose. Ocmnissioner McFadden brought up the subject of applying for a COP, and Hr. Hentschke explained how that might not be possible, since zoning would be a major factor. Ocmniuiooer Holmes said that he did not see the purpose of having an Ordinance that everyone agreed could not be enforced, especially since it was only a problem in the anall area arourd the beach. Ocllllliasioner Marcus mentioned that she thought what l't::. Hohmiller a.aid made a lot of sense, and suggested making it a regulatio.~ for multifl!l1lily condo residences. She added that it would only be enforced on a caq>laint basis. Mr. Ha"ltllChlte confirmed that zoning was enforced on a oa11plaint basia. A mtion ""88 made seooing it back to staff to include that garagee could not be r nted out in any zone other than R l. The motion wu eeoonded and opened for discussion. 0-iaaioner Slnith aaked if it specified vehicle use only, ani1 ClaaiNioner Kall r plied that staff would be bringir¥J it back to the iaaion. Claim.an Schlehuber pointed out that i f it wa brought back, it would mean a continued hearing. OCaaiNione1: L' tteureux pointed out to staff the the word "9ange• IM8 illpo1:tant; nd Ccmnisaioner Mucus also rainded than to include carports and car spaces. OralliNionu faith a.aid that if a garag was rented for Yllhi l• UiM only, the ias1on would have to give such dincti c1 to ataff. NionlU Kall atated that they were not encouragir¥J rental aoywhen. MINUTES ~IM; CIM1ISSION Novemer 13, 1985 Page 3 A motion was puaed sending it back to staff to include that garages, carports and car spaces could not be rented out in any woe other than R--1. 21 7,CA--184 -CITY OP' CARLSBAD -Amendments to the zoning Ordinance to establish standards for e111>lo·ee eating areas to be lOC.!lted outside of office buildings in the O (Office), C-M (Heaving Ccrrmercia l -Limited Irdustrial), M (Industrial), and P-M (Planned Irdustrial) zones. CharlE!fl Grinrn, Principal Planner, gave the presentation on this item as contained in the staff report and stated that the revised Ordinance included provisions for indoor facilities and proximity to parks. issioner Hall asked if staff spoke with Chris &lla11>ne in the redevelopnent area, and Mr . Grum, replied th!tt he wllS unable to contact Mr. Salaoone. Michael Holzmiller, Land Uee Planning Manager, referred to an additional letter fran Deems/Lewis & Partners recanrierxHng that it be included llB a design <Juideline inatead of ing nforced by an ordinance. Chairman Schleoober opened the public hearing at 6:25 p.m. and iaaued the invitation to .1peak. Nr. Bob Ladwig, 3088 Pio Pico, Carlsbad, also referred to Mr. Latia' letter and sugg sted th!tt it be a guideline rather than an ordinance. S no o elae wished tc speak, the public testimony wa c1oaa, at 6126 p.m. Nioner L'Heureux aaked what the practical difference _. be~ it being a policy or aa part of an ordinance, d . GrilWII clarified that a policy could only sugg at tha it done llhereaa aa part of an ordinance, the iocit would required to put it in. Nioner L'tteureux riNd by a ying that an no ifi .. the veloper up f ront that thia wu niquir.d. aand atnff wher polici• were i Md Hated, Md llCr. Grinm explained that they are vr1 tan \41 ard a19fad by the Lard U Planning l'lanager but that _. no f behird it . iuioner Narcua pointed out that ther wer probl with aakiov an ordinance co ring this topic but that an i would probably the ann,er ainoe they would be front that they had to provide thia. Ncl,.'.lan CQ-111ted that she thought this have. t:Ated that he would be in favor of a thee• would be more fl xibility in rtain Schlehuber l'tFadden 9111th Hall Holmes Marcus L'Heureux X X X X X X X X MINUTES Pt.MtiI~ cnt4ISSION Nove-rber 13, 1985 Page 4 The Planning CUrmission adopted the following Resolution: PBSCUJTION t«.>. 2500 ~I~ APPR'.WAf.. OF THE NroATIVE DJ!C'..ARATION All> A 1,0NE COOE AM!H)HENT, AHllrol~ TITLE 21, a-tAPTBR8 21.27, 21.30, 21.32, At.I) 21.34, OF THE~ ~ICIPAL COO!, BY THE ADDITION OF &JBSIICTIOOS 21.21.osoc16J, 21.30.010, 21.32.060, 21.34.070<3> ro PROIJID! POR Bl'l'LOYD EATI~ ARBAS OOTSIDE OFFICE BUILD~ IN THE O, C-M, M AND P-M 7.0NF.S. 3) 1.CA-188 -CITY OF C1'RL.S8AO -M amenaneu l to the Zoning OrdiMnOe to regulate the placement of satellite antennae. Charlee Grinm, Principal Planner, gave the presentation on thie ital! a■ contained in the staff report, stating that change• requeeted by the Planning Cannission at a previous ting were made. Otmnieaioner Mcl"adden aaked for clarification as to why Jo• di .. ter dilhea were being exmpted, aoo Mr. Gri.nm oxplained that the CanniBSion felt that t he 30" was 1111all in eize and could be adequately m111intained without need for additional acreening. Camliuioner McFadden questioned lllhether or not they would be able to put it-up on a pole, aoo Caffllisaioner Snith explained that the reaaon for going to a 30" di sh was becauae micrOC011')Utera uae the smaller dish aoo would want to exclude the. Ocnli .. ioner L'Hllureux aaked whether or not goverrmental aganciH would cc:ne under public utilities, aoo Dan HentllChlce, Aaaietant City Attorney, explained in detail llhere it would be included. o.nt .. ioner L' Hllureux asked if Mr. Hentschke was .. uatied that the Ordinance substantiated a difference betwen microwave and aatel 1i te, and Mr. Hentachke replied it did. Chaiman Schlehuber opened the public hearing at 6:35 p.m. and i■IUed the invitation to speak. Since no one wished to apeak on thia itan, the public testimony was closed at that t!Ja. 0..1 .. ioner Marcua aaked for more clarification regarding Jo• dillhN, and euggeated adding a height reatriction on aounting the diah on a pole or anythil'l!:, other than a sol id fixed •tructure. Oclllni .. ioner Hall reepc.nded that most so• diahN W011ld be affixed to moat roof structures. Nr. Hantachlce allked how high it would be pl aced aoo oa.tiuioner flt::hdden stated that it woolu be no higher than it .auld a r for a regular sise dish. Nidlael H0111111ller, Lan1 Use Planning Manager, suggested thll.t ainoe it •• 8UCh a minor change that they approve the IIMolution that evening ainoe City Council wanted it a> 90 through qu 1dtl y. Schlehuber McFadden X X Snith X Hall X Holmes X Marcus X L'Heureux X MINUTES PL»lm«. CXMIISSION Novarber 13, 1985 Page 5 'ftle Planning 0:llllniasion adopted the following Aesolution: RIBJWTION NO. 2501 R!X:XM4!!NDit«. APPROVAL OP A N!CATIVE blcf.lRAffoN Ai6 A ZONE CXDE Nml>MPNI', AHIH>It«. TI'JU 21, 'Y TH! CAILSBAn l'IJNICIPAL CXDE, BY fflB AMZtEMJ!:N'I' OF VARIOUS CHM>TERS Ml) S!X:'TICHl ro PERMIT Am Rm.JLATE ~ftt.LITI MITINIU. With the following addition: Add a condition requiring a height restriction on 1110Unting of 30" microwave dishes. wording to be worked out by ■taff. N9I PUBLIC HP.ARlt«.S ., Mlk• ttow.■, All■ociate Planner, gave an update on what was happening in the Ollavera Hills area, and gave the preeentation on thi■ item ae contained in the staff nport, uaing a transparency to show the site ard wall 11111pa to ■how the propoeed project. He pointed out that thi■ ,, .. a revisioo to Pha• • and disCWllled the changes and condition■ 137 and 38 in detail. 0'8irman Schleoober opened the public hearing at 6 : " p.m. ~ iuued the invitation to speak. Mr . Qeoz:ge Hav iar, 13913 Barrymore Street, San Diego, diacua..S condition 122 regatding lots 57 ard 58 and etatlld that ■ince the project was downzoned, he would like condition deleted. Mr. Haviar also addressed condition f 37(f ) regarding the cul-de-sac issue. Since no one al ee wistied t o speak on this itan, the public tatta>ny .. concluded at 61•6 p.m. 0allliH ioner L 'Hllureux asked if condition 137(a) should ref!ar to "unit• in■tead of "phase", and Hike Howes replied that •phaM~ would be mor appropr iate. oa.aiu ioner Marcus requ•ted staff to give an opinion NIIJU'dlng the cul-de-eac, and Clyde Wickham, Aasociate Civil llln;in■u, etated that the r ecannendation by lh!lineering would be 1110re 11eethetic but that it didn't •tter. 0allliHioner Mucus aaked about the t wo lots and whether Mr. viar 1 • atai:--it ws wlid, and Mr. Howes replied that the requiraenta for a planned deY8.lopnent "'8r for 200 ..-n flaet per unit and that the pro ject was not at the ainiaa da\aity. aaionex Marcua ted that .auld haw no probl• eliminating the units. 0cllla1Nioner Mchdd-. stated that in general it wu an illlir~,alllt am that aha agreed with oordition 122 but t -■ having trouble with all the dxivewaya backing in tM aiddl• of the ■tr .. t. 9w ■ugge9t c:nanging i tion 138 to ■tate that Harwich or1 ... would be cul-de- whm Glugow Drive goe■ through to 'l'anwarack. Schleoober X ft=Fadden X Snith X X Hall X Holmes X Marcus X L'Heureux X MINUTES Noventler 13, 1985 Page 6 Cmmisaioner Holmes indicated that he had a problem with guest parking in that he would like to see the side-by- side driveways limited to 35' apart and h!lve sane extra curb footage between then. The issue of building half streets was also brought up, am it was suggested that they be built full width. Collnissioner McFadden asked if anyone else would build the other half widths on the street, and Hr • Howes replied th!lt they were not built yet, but would be built when the adjacent property was developed. Dan Hentschke, Assistant City Attorney, suggested that condition 138 remain the way it was written and explained why. A motion was made directing staff to prepare the appropriate docm1ents adopting Resolution No. 2513, including the following modifications: Delete condition f37(f) and change condition f37(a) between lines 13 and U to substitute the word "phase" for "unit". The motion was seconded and opened for discussion. Cmmissioner Mcl"adden carmented that she was voting no becaUN she felt th!lt Harwich Drive would not be safe for the reeidents. Collllisaioner Hall stated that he would like to condition it with the full width street iq>rovenents, but Conmiuioner Marcus responded that she was not including it with the tDOtion. Mike HOW88 described a minor amendment already approved by the City Council regarding an agreement allowing for Harwich Drive to be constructed h!llf width off site in exchange for public 1n1>rovanents adjaoent to the Calavera Hilla Park site. A mtion wa paned directing staff to prepare the ~i•te dOC\aef\ta adopting Resolution No. 2513, including the following modifications: Delete condition f37 (f) as above, ard change oordition t37 <•> betwen lines 13 am U to substitute the word "phaee" for "unit". iuionu L' Hllureux made a general camient to staff that in the future when they deal with a large Master Plan like this, it would be helpful if in the staff report they orou refwenoe c.xmNl\ta to where they apply to the "'88ter Plan. 0.b•n Schlehuber camented that the map showing the broader picture of surrounding area.a wa.e good. Schlehuber X McPaojen X Snith X Hall ll Holmes X Harcus X X L'Keureux X @ MINUTES PLANNit«; CXMUSSJCJI November 13, 1985 Page 7 5) CT 85-30/SJP 85-13 -PN::IFIC S""ffiE -Request for a Tentative Tract Hap and Site Develo?l'l!nt Plan fot an 80 unit aparonent project In Village r,...1 in the central portion of the Calavera Hills Master Plan area 1 n the P-C zone. Mike Howes, Associate Planner, gave the presentation on thia itm aa contained in the staff report, using a transparency to ahow the s I te ard wall mape to show the propoaad project. He explained that cordition 132 should be d@leted from Rll!!eolution No. 2514 since there wouldn't be a halne<M'ler's auoctation. C.C-iaaioner McFadden asked about t he discrepancy in the naps, ard Mr. Hc:Mta irdicated there was an error on the ,_,tatiwi Tract Map. iuionet McFadden asked about the nmt>er of parking placee, and Mr. HolMs replied that there would be t hree more than requt red umer the Ordinance ard that they would be uncowred . Olaiman SChlehuber opened the public hearing at 7 :02 p.m. ard i~ the invt tat ion to speak. Hr. O.Orge Haviar, 13913 Barrymore Street, San Diego, atatad that he didn't have any pr oblems with any of the comitiona contained in the staff report. Si no one e lee wished to a peak on t his i tan, the public t.etimony 11M concluded at 7103 p.m. 0-iHioner L'liaur8Wl aalted staff about the language in oondition I and Mr. ttowea r aporded that this coroition _. incluitad in all projects. Otaaiaaioner L' Hllureu11 expreaaed his concern that staff _. i•uing • fin:Ung that wH referree t u in thel L report t thK• Wll'l' t anything about it in the actual report, ard Chliman 8chletu>er Nted including the firding in a..ol.ution in• elld of refarring to the staff report. Nr • ...,_. Nid that thia would be reeol ved with the City ~ may'• office. _. NOOrdlld am opar.a for diacuaaion. adderl WOl'dered wt-ether the mepe ahould be mtion ainoe one of tllln wu not correct, ..,.._,,_i Hall, t ~ .. motion k , suggested it bllcll ard voting on it next ti with the aillm, Land UN Plaooing Kaoager, pointed out ition ..u al elldy 1 looed pertaining to l to t 'l'altative Tra Hep. 1 l MINUTES ~It«:; cnt1ISS ION November 13, 1985 Page 8 COMMISSIONERS C0lmlissioner Hal 1 stated that he would like to see it and have the docunents brought back next time. Chaioran Schlel"llber pointed out that if it was delayed, it wouldn't be voted on for another month arrl that the change was minor. The Planning Connission recmmerrled approval of the Negative Declaration issued by the Laro use Planning Manager arrl adopted the following Resolutions: RESOLUTION NO. 2514 APPROI/It«. A ONE LOT Tml'ATIVE TMCT HAP ON PROPFm'Y GENERALLY LOCATED NORTH OF THE utl'SRS8:'1'10N OF TAl9.AACIC AVEM.IE AND ELM AVEM.JE IN VILLAGE L-1 OF 'mE CALA\11:RA HILLS MASTER PLAN. RESOLUTION NO. 2515 Rl!OH11!NDil'l:, APPROVAL OF A SITE DE'/ELOIIN!NT PLAN NO. 85-13, FOR AN 80 UNIT APARTHEm' PROOICT ON PRa>ERTY GJ!NERALLY LOCATID NORTH OF THE Itfl'ERS!X:TION OF TAl9.RltCI< AVENUE ~ ELM AVENUE. 6) 7) 8) 9) CT 85-31 -CAI.AVERA HILLS MASTER TENTATIVE -Request for a 16 lot master tentative map on property owned by the Calavera Hills Canpany (Cesco) in the calavera Hills Master Plan area. CT 84-37i CP-300 -CAI.AVERA HILLS VILLAGE U -Request for a 23 unit Tentative Tract Map and Condaninillll Permit on property owned by the calavera Hills canpany (Cesco) in the Calavera Hills Master Plan area. CT 84-38 76 -CAI.AVERA HILLS VILLAGE W X AND Y - Raqueat or a 9 un t Tent.at ve Tract Hap Planned unit Developnent on property cwned by the Calavera Hilla canpany (Oesco) in the Calavera Hills Master Plan area. CT 85-~PlD-79 -CAI.AVERA HILLS VILLAGE L-2 -Request for a 7 unit TentatiY Tract Map and Planned unit o....l.opant on property owned by the calavera Hills CcllFeny (Celloo) in the CalaYera Hills Master Plan area. Kilte HowiN, Aaaociate Pl anner, ga ve the staff report on i '-6, 7, 8 ani 9 , as contained in the staff report, ming • tranaparency to show the s ite . He explained that ■t:aff wa NO I nding denial s i nce the projects were ,lOt oonai■tent with the calavera Hills Master Plan and the rec.at polici• adopted by the City aa part of the review of the t.lnd U.. Blaent of the General Pla n. He stat ed that the applicant no longer actively proceaing ~ project■• aa..iuionar Hall asked wtWl the time period for proceaaing tentatiw •pa would expire, and Hr. Howes nplied within a ac,nth. 0c11111 .. 1oner Nchddllll aaxed o.i ttantachk , Aaaiatant Ci ty A,t'.tlllirniMi, to u:plain the difference be denyi ng a jec "with prejudice• or "without prejudice". Hr. ■tat.d that for a subdivision p there wun' t dif11ar-..,...... tte also indicated the iaaion would a difficult ti.M malting the public facilitiea finding a explained _.,y. tte said that ataff r ,t.ly met with Schlehuber McP'adden Snith Hall Holmes Harcus L'Harrewc © X X X X X X X X MINUTES PLANNING rnM'll~ION Ncwember 13 , 1985 Page 9 COMMISSIONERS the proposed buyer of the proper ty who was aware that staff would be recannending den ial of the tentative maps and that the propoeed buyer d idn't have any problems with the denial. Hr. Hentschke a l so pointed out that the maps were not consistent with the Master Plan or zoning. Charles Grimn, Principal Planner , expla ined that there would be a difference between a denial "with" or "without" prejudice for ll tentative map accarpaniErl by a Pl anned Unit Developnent or O>ndanini\111 Permit . ChaitJMn Schlehuber opened the public hear ing at 7 :15 p.m. and issued the i nvitation to speak. Hr. Cedric Sanders, 2017 Cllt\i nio Cir~ulo Norte , La Jolla, allkad for tmre specific i nformation regarding a denial "with prejudice" and it was clar ified that the PUD's would be put on a year waiting period unless a substantia lly different project was s uani tted. He explained that he was advised by staff sane ironths ago that t hey had been inatructod not to process these maps because of other actions of the City. Hr . Sanders tHlked about the history of the project.a over the l ast t hree years and mentioned that he wa not able to fiMlize the final density f igures since the process had stopped. He sl.fflMrized by saying he did not understand the City's act ion since trllditionally applicants wer told to wi thdrllw an appl icllt i on llnd suani t a new one. He requ eted that t he Planning Connission C'Ol'laider the desi rah i li ty of allowing these 1Mps to be handled in a normal standard process and t hat thi s not be 11 diacriminating or unfair procedure where they were wipej out. Since no one else wished to spellk on this itErn, the public teetlmny wa cloeed at 7 :25 p.m. ca..iaaioner fbith asked staff if there were any points that ateff vant:.d to dillCUSS regarding Hr. Samara' ~ta. Mr. ttow.e r apon:ied that staff was concerned that the owner had not altered into an agr t even though there wa pla,ty of time for him to c-ontact the City A t:onwy'a office. Nr. Hlnt.ech pointed out that ther was not enough time to r..ch concluai.ona, and rel terat:.d that the project.a ..:. no oonai•tant with the Huter Plan or public faciU iN, Hit dille\.Ul,Nd why ■taff wu not able to work wt th the &Rll icant. A aotion wa llllada adopting Aaaolutions No. 2509 denying a l6 lot ir.ntative Tract Nllp on property ge,erally located in cal• a Hilla NM Plan area, Aaaolution No. 10 re« ll!ing denial of a 236 unit '1'8ntati ve Tract Map and oordOlainim s-att on property generally located in Villa9' U of the Calavwa Hilla Ka■ter Plan, llllllolu ion Mo. 2511 ~+w+1'ing denial of • 129 Wlit th• Traot: Nltp and Planr.d Unit Oevelopmnt on IWf'-e•y venarally luGllt-1 in Village■ W, X and Y of the laveia Hilla llaate Plan, AIMlolution No. 2512 r.x.•dlng denial of a 11, unit tative Tr t Kap and ll\1t Devel t on property generally locet:.d in L-2 of t.ha CalaYeta Hill■ Muter Plan area, with l inQ dlan9N1 • f 1-■olutiooa No. 2509, MINUTES Noverber 13, 1985 The motion was eecorded and opened for d i scussion. Mr. Hentschke mentioned that there was a t ypographical error in Resolution No . 2509 in that they did not have to reccmnend denial but that they were denying it. In answer to a query by O::mnissioner Holmes , 1'tr . Hentschke again reviewed the difference between denitil "with prejudice" am denial "without prejudice". The Planning Caimission adopted the following Resolutions: RESCI.O'l'I<»l ~. 2509 On.YING A 16 LOT TINTATIVE TRACI' MAP <»I PJOIERTY GENERALLY LOCATID IN THE CAL.AVERA HILLS MASTER Pt.MMEA. With the following changes: te the word "n.cam,eud ing" and change "denia l" to "denying" . Del te the words "without prejudice". RIISX.UTI<»l tX>. 2:a0 RIID'tmNDI ?«. DENI AL OF A 236 UNIT UNIT TIVE TRAC't' MAP Ml) ClH>01I NIUM PERMIT ON PRaPIR'H Gl!HBIW..LY LOCATID IN THE VU.lXE U OF THE CAI.AVERA HILLS ~ Pl.AN . With the following change: Delete tllll words "without prejudice". I<»l ~. 2Sll IUXlJtNilNDING DQIIAL OF A 129 UNIT PAW PLANNID UNIT Dll.VELOPHENT ON ,_. Gl!NIDLLY LOCAT1!D IN VI l..LAGES W, X AW Y OP' 'I'ffE OLAVDA HILLS KASTER Pl.AN. With the following chang 1 Dale tt. word• "without prejudi ff 10) NO. 25l2 Ra:XMGK>ING DQII AL OF A 174 UNIT All) PLMNI!D UNIT D!Vl!LOPMllNT <»l Y WC-' IN VI lLJIGB lr-2 OF 'I'ffE CALAVERA a&iTaltlM ARD. I following chanc,ie 1 "without prejudice". J•tie Planner, gave the preeentation on t:ainad in the atai'f uport am eaplained ioant ._ unable m atart oonatruction on tt. Schlehuber X McFadden X 9nith X Ha ll X Holmes X Hllrcus X X L'Heureux X MINUTES 1! 1,_\ PLANNI!I, cn-t1ISSION Noverooer 13, 1985 Page 11 0~ :,,""\~ 1>. COMMISSIONERS q,_ ~~ ~\ A motion was passed granting the request for a one year extension of a conditional use permit to construct and operate a cable 'fV earth station approximately 1,000 feet east of the intersection of El Fuerte Street and Luciemaga Avenue in the P-C zone. RETURN OF l)()(lNBffl'S Cllairman Schlehuber explained that the Ccmnission would not be voting on the actual projects but would be voting on whether or not the docunents reflected what staff was directed to do. Dan Hentsdlke, Assistant City Attorney, pointed out that there were problems with not approving the actual project that evening since there would be the problan of timing for appeals. It was agreed that the Ocnmission would vote on the project. 11) er 85-10/PUl>-81 -RICE PROPERTY -Request for approval of 196 lot Tentative Tract Hap and 189-unit Planned Unit Developnent, located east of Rancho Santa Fe ~ and Avenida c..a Posta in the southern en3 of the City. A motion was made ad0pting Resolution No. 2491 recanneuding approval of a 196 lot Tentative Tract Hap and 189 unit Planned Unit Developnent on property generall;• located on the east side of Randlo Santa Fe Road south of Olivenhain Road in the southP..rn en:l of the City. The motion was 9eCOooed and opened for discussion. Coanisaioner Hall asked about condition 167 requiring the timing of the assessment district, and Clyde Wickham, Aaeociate Civil Engineer respon:ied to his question. 'ftle Planning Cannission adopted the following Resolution: RBSCUJTI~ t«>. 2491 ~I!I, APPRCWAL OF A 196 LOI' 'l'Dft'ATIVB ~ MAP NI) 189 UNIT PLANNID UNIT Df.VEUPMEm' <Iii PIO>IRff GENBRALLY LOCATED 00 THE EAS1' SIDE OF RANCHO SANTA l'Z ROM> OOU'l'tt OF CLIVmHAIN ROM> IN fflE SOOfflERN EK> C. 'ftll Ciff. 12) OJP-277 -CALIFORNIA SPE!!I:WAY, IN:. -Request for approval of a ooniUtlonal use permit to allow the aale of beer and wine coolers at SUnday evening event• fran ~ril to November at Carlsbad Rac:eway. '1be Planning Calllliaaion adopted the following Resolution: IIBXDTI<III t«>. 2505 Dl!NYI!I'.; A CDIDITIOOAL USE PIH1IT TO litJ. W Ml> WINI CDa..ERS AT SUll>AY EVmING EVl!NTS PK)H NUDf TIUQX;H IDflNIBR AT CARUIW> ~ ON PROPERTY GIIIDM.l:,Y L<X:ATBD ~ THE t«>RTtl SIDE OF PALCM\R AIRPORT DD. 13) OJP-196 (BL-PAR!tER -Request for an lllllelDlleflt to an alitlng OordiUonal Use Permit to allow a reaidenoe • the Nontee•ori School on the east side of Madison Street between Blm Averue and oak Aveooe in the VR acne. Schlehuber X l'tFadden X eitith X X Hall X Holmes X Harcus X L'Heurewc X Schlehuber X McFadden X ~ith X Hall X Holmes X Harcus X L'Heureux X X Schlehuber X McFadden X 91ith X Hall X Holmts X Harcus X L'Heurewr X X MINUTES Pt.ANNI...., CXll+IISSION November 13, 1985 Page 12 COMMISSIONERS Callniaaioner t'Heureux nlcxl that last time he imicated he would only vot f or it if he was satisfied with the comition fran s ff s tat ing that there would only be r idential use by a carPtak ·r , but that he was not satisfied with the co it ion 1 written. CQ'rrnissioner Holmes stated t ;1at he could not vote in favor of the Resolution unless a ll parking per the current City ordinances were met. Clyde Wickham, Associate Civil Engineer, explained that fran an Engineering stan1point, the lots were merged an1 met the parking requireriients. Cmlnissioner Holmes pointed out that the parking spaces in the alley were not legal parking places an1 expl ained why . Mr. Wickham agreed with Cc:mnissioner Holmes. catmiss10 T Hall asked about Ccmnissioner L'Heureux's quention, lH, camtissioner L'Heureux i11dicated that he was concerned with "~ it wt>uld be enforced. Cmlnissioner McFadden mentioned that the Laro Use Planning Manager would review the CUP each year. Olaitm11n Schlehuber carrnented t hat if it was brought to the attention of the City that they we.re using it for eanething other than a caretaker's residence, they could have the CUP brought back. Cc:mniss ioner L' Heureux said that it only works if there were COlll)la i nts. 1'le Planning Cormission adopted the following Resolution: RESOLUTION 00. 2504 APPR0/1...., A cntl)ITIONAL USE PERMIT TO ALLOW A RESIOmcE AT THE 1'«:>NTt~RI OCOOOL ON PROPm'l'Y GENERM.LY LOCATID ON 'ffiE EAST SIDE OF MAD 19:>N STREET BE'1'NE!N E~ AV»IUE AK) OAJ< AvmJE IN THE VR WNE. With the following addition: lldli a condition requiring legal parkinq spa s in the rear. 14) CT 85-24 -CARLSBAD RESF..ARCH CENTER -Request for a 67 lot induatrial subdivision on approximately 365 acr located west of El Canino Real an1 north of Palomar Airport in the 01 zone. iuioner Snith suited that he did not remenber approving the 1 t ptut of con1ition t 3,. Planning iHioo adopted the following Resolution: Wi lh the tol l owing chang : Modify condition 1 37 to dt>lete the words "tor t'ar&day" in tha l ut aan of cordltion. Schlehuber l'rFadden Snith Hall Holmes Marcus L'Heureux Schlehuber McFadden anith Hall Holmes Hart:US L'Heurewi @ X ;; X X X X X X X X ll X X X X X MINUTES PLANNING O:MHSSI~ November 13, 1985 Page 13 COMMISSIONERS APPR<WAL OF MINUTES The Minutes of October 9, 19&5 1oere awrovecl as presented. The Minutes of October 23, 1985 1oere awroved with the fol lowing corr,, ton: Delete "for Faraday'" in the last sentence of the next to the last pinagr ai;ii on ~QP 7. By proper motion, the meeting of Novenber 13, 1985 was adjourned at 7 :52 p.m. pectf\.11 y l!IUbni t tecl, Manager Ruth St.,.rk Hinutie Clerk . DTil«lS ARE AJ.m TAP AM:> KEPT ~ Fl LE lJNT I L fflE MI NUTF.S ARI APPIOIID. Schlehuber McFadden Snith Hall Holmes Marcus L' Hel.lrPUX Schlehuber McFaddm Snit h Hall Holmes Marcus L'Heureux X X X X X X X X X X X X X X X X