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HomeMy WebLinkAbout1986-05-28; Planning Commission; Minutes"4eetlng of': T1111e of Meeting: Date of Meeting: Place of Meeting: MINUTES PLANNING COMMISSION 6:00 p.m. May 28, 1986 City Council Chambers COMMISSIONERS CALL TO ORDER: ThP Regular Meeting was called to order by Chairman Schlehuber at 6:00 p.m. PLEOCl OF AL LEGIANCE was led by Chairman Schlehuber. ROLL CALL: Present -Chairman Schlehuber, Commissioners Mcfadden, nall, Marcus, Holmes, and Schranwn . Absent -Co11111issioner McBane. (Conwnissiuner McBane arrived at 6:05 p.m.) Starr Members Present: Charli>·, Grimm, Assistant Planning Director DavP Hauser, Assistant City Engineer Dan Hentschke, Assistant Cit y Attorney Michael Holzmiller, Planning Director Mike Howes, Senior Planner Clyde Wickham, Associate Civil Engineer AGENDA ADOITIONS1 DELETIONS OR ITEMS TO BE CONTINUED Chairman Schlehuber referred to Item No. 5 (Growth Management Program) and stated that based upon Council action taken yesterday, May 27, on this issue, this matter will be continued for staff to make the recommended changes. Comm.lssioner McBane arrived at 6:05 p.m. The Planning Co11111i ssion continued Item No. 5 -ZCA-193 - CITY Of CARLSBAD (Growth Management Program) to June 4, 1986. PLANNING COMMISSION PROCEDURES Chairiaan Schlehuber reviewed the Planning Commission Procedures, shown on a transparency, for the benefit of the audience. Schlehuber Mcfadden Hall Harcus HcBane Holmes SchraRllll X X X X X X X X MINUTES Hay 28 , 1986 PLANNING COMMISSION Page 2 COMMISSIONERS PUBLIC HEARINGS: 1) CUP-291 -HALE -Request for approval of a conditional use permit for a three-r~om bed and breakfast inn located at 320 Walnut Street In the beach area. Charles Gri111111, Assistant Planning Director, gave the presentation on this Item as contained In the staff report using transparencies of the location and the onsite parking of the site and a wall map depJctlng the site itself. He gave the background of the project and stated that staff ls recommendinq denial of this project based solely on the lack of adequate parking as required by the new parking standards. Hr. Grimm Informed that his office received a call from the Visitors Bureau of Carlsbad indicating their support of this project. The Commission has the following options: (1) deny the project for lack of adequate parking; (2) return to staff for conditions of approval with the finding that, under the existing ordinance, the four parking spaces are adequate; (3) return to staff for conditions of approval with the condition that a variance be applied so 1.hat the applicant could possibly get some parking in the front yard setback, which may mean the removal of one of the major palm trees on the site; or (4) return to staff for conditions of approval with the flndlng that the five spaces as they exist now onslte are adequate. He explained the reason wh~ staff felt that the fifth space was not an adequate parking space. This project has fallen in the gap between the old parking ordinance and lne new parking ordinance. Staff has a policy where once the Council approves a new ordinance, staff implements it at that time. However, the new ordinance will not be officially finalized until next Friday. C011111issioner Holmes inquired regarding the tum-around for cars parking at the third and fourth parking spaces. Clyde Wickham, Associate Civil Engineer, stated that there was a hammerhead style turn-around between spaces 1-4, which is about a 3. turn-around, which ls adequate. In a discussion regarding the proposed vacation of a portion of Walnut Street, Commissioner McFadden stated that she is serving on the technical advisory C011111ittee for the Beach Overlay area and at this time they are assessing the problems with parking, and there is a definite need for on-street parking. Mr. #ickl,am responded to various questions posed by Conrnlssioner McFadden regarding the street vacation. Chair111c1n Schlehuber declared the public hearing opened at 6116 p.m. and issued the lnvitatlon to speak. Robert Hale, 5051 Gaviota, [ncino, developer, addressed the Co111111ission and pointed out that they are totally cOllllllltted to putting In the curbs, gutters, and sidewalks and bringing the street Into confor~lty with the rest of the outline of the street. He gave the background of the project and spoke on the effort they have put forth towards the eventual development of this project. He stated that he had letters frOIII various Individuals supporting the project. He urged the Commission to approve this project. MINUTES May 28, 1986 PLANNING COMMISSION PUBLIC HEARINGS: (continued) Kay Christensen, 2802 Carlsbad Boulevard, addressed the Commission and urged the Commission to approve the project ror the following reasons: (1) this project ls still under the current City requirements; (2) a bed and breakfast ls most desirable in this area; it does not pose an in and out traffic situation that a small apartment would do; (J) the ract that there had been a previous approval for a fifth parking place; (4) the size of the property seems to be quite adequate for accessible entry and exit from the site; and (5) it ls an economically feasible development for Carlsbad. Celeste Hale, 5051 Gavlota Avenue, Encino, addressed the Connlsslon and urged the approval of the project. She pointed out that most bed and breakfast inns are existing older homes which do not have a parking lot next door for cars. If parking ls going to be a blg issue, there are not going to be many bed and breakfast inns around. There being no other person in the audience desiring t~ address the Commission, Chairman Schlehuber declared the public hearing closed at 6:25 p.m. Commissioner Marcus inquired regarding the dimensions of the fifth parking space. Mr. Grimm responded that there is at least six feet from the property line to the building. The problem was with the two feet, as it is a minimum of eight feet. There cannot be any parking on the front yard setback without a variance. Commissioner McFadden reiterated her concern about the street vacation and requested that this issue be continued until the Beach Area Overlay study ls completed. Further, if any other vacations are in the proce ss in the Beach area, she encouraged that the Commission recommend to the Council to hold off on those vacations until the report ls back. COllll'lissioner McFadden inquired whether staff would consider giving the applicant a variance for the front yark setback and not allow the vacation. Commissioners Marcus and Schlehuber expressed their concurrence to not approve the proposed street vdcatlon. Con111lssioner Holmes inquired regarding the requirement for trash bins for bed and breakfast inns. Mr. Grimm stated that a condition could be included in the resolution that the applicant would have to provide one to the satisfaction of the Planning Director. Connlssloner McBane stated that he felt that before granting this conditional use permit, the Commission should see what the land use recommendations in this area will be. Mike Holzmiller, Planning Director, stated that the draft report of this study is due the end of June, but will not be finalized until the bridge ls reopened, which ls anticipated to be in July. The Planning C011111lssion directed staff to return with conditions of approval for CUP-291 -HALl -to require the applicant to request a variance for a tront yard setback, deny the street vacation, and include the garbage bin condition. Schlehuber McFadden Hall Harcus McBane HolH1es SchrcllMI @ X X X X X X X X MINUTES May 28, 1986 PLANNING COMMISSION PUBLIC HEARINGS: (continued) Commissioner Mcfadden inquired whether the Commission can direct that any other street vacations along the beach study area be held off until the Beach Area Overlay study ls completed. In response, David Hauser, Assistant City Engineer, stated that he was not aware of any recent agenda bill going before the City Council on street vacations. However, there are several requests for street vacations which are handled by the developmental process section, and not by the City Engineer. He suggested that a minute motion be made advising the City Council of the Commission's concern about giving vacations ln the beach area. A minute motion was passed recommending to the City Council to hold off any street vacations in the beach study area until the study on the Beach Area Overlay is completed. 2) CT 85-28/CP-321 -LA COSTA VALLEY TERRACE -Requeat for approval of a tentative map and condominium permit for 31 units on 2.27 acres located at the corner or Caringa and Altlsma Ways ln La Costa. Charles Grimm, Assistant Plannlno Director, gave the presentation on this Item as contained ln the staff report. With the aid or transparency maps depleting the location and vicinity of the site, and the use of a wall map or the site and a blow-up of the recreational area, M1·. Gr 1mm gave the background or the project. He further showed slides illustrating the land uses and existing butldings in the area. He outlined th,e reasons that staff ls recommending approval of this pro!-~t. ln response to various questions from Commissioner Mcfadden, Mr. Grimm stated that under the new parkinq standards, this project will be one parking space short. He further stated that Condition No. 1 should be corrected to redd "A" -"E", and "A-1". The tentative map is labeled "A-1". Chairman Schlehuber declared the public hearing opened at 6:45 p.m. and issued the invitation to speak. Mr. John Ash, architect representinq the applicant, addressed the Commission and spoke regarding the proposed project, pointing out that the project ls family oriented. There being no other person in the audience desiring to address the Commission, Chairman Schlehuber declared the public hearing closed at 6:49 p.m. Schlehuber X X Mcfadden X Hall X Marcus X McBane X Holmes A Schramm X MINUTES May 28, 1986 PLANNING COMMISSION PUBLIC HEARINGS: (continued) Connlssion~r Mcfadden stdted that she felt that the project was Innovative, with a good architectural design, but that lt was too tight. She stated that she would like to see the parking standards met, and expressed her concern with the proximity of the recreation area to the neighboring residents -within five feet of the rear line. further, she pointed out that there was not an adequate exhibit showing the recreation area. She also expressed her concern with the steep bank along the project and whether guard rails will be put up. Hr. Grl-stated that the project ls ln a dense area, and that It ls difficult to protect all the views and keep large distances from neighboring buildings. The five-foot setback was appropriate because lt ls the back side or the recreation area, so there would not be a lot of activity or nol se there. Chalr111c1n Schlehuber stated that he felt thdt the architectural design was really good, and the density ls compatible with existing projects. However, he stated that he did not like the 24 feet Interior streets and suggested the width be increased to 26 feet. He also felt that this project shoulrl meet the new parking standards. C011111lssioner McBane expressed hls concern that a number of 15-foot Interior driveways In the project will lnvlte people to park in front of the garage and Intrude Into the 24-foot driveway. Mr. Grl11111 stated that this issue could be addressed speclflcally If the Cominlsslon determines that this project should oe returned to staff for further design . Connlssioner McBane also requested staff to consider not allowing any air conditioning units on the back of the recreation building and that guard rails be placed at the walk path which runs along the steeper slopes. C011111lssloner Mcfadden stated that she would not support this project as she would like to see the recreation building 1110ved back at least an additional five feet away from adjacent propertles and designed with sensitivity to the existing residents. C011111lssioner Marcus stated that she agreed wlth Chalr111an Schlehuber's concern about widening the interior streets fr011 24 feet to ?6 feet. However, the 24-foot width street do presently meet the standards for interior streets. She rec011111ended that, lf the COtm1lsslon desires the 26-foot width streets, the standards be amended to require that. Chalr111c1n Schlehuber concurred. Hr. Crl111111 stated that the traffic i~dct conditions for La Costa established recently by Council shoul~ also be Included in the resolution. Chalr111an Schlehuber stated that these conditions will be Included when the project coaes back to the COlll'lllsslon. The PlannJ~g C011111lsslon sent CT 85 -28 /CP -321 -LA COSTA VALLEY TEHRACE back to staff for minor redesign to address those i telllS discussed by the P lc1nnlng Corn! ss ion. Schlehuber X Mcfadden X Hall X Marcus X X McBane X Holnies X Schrann X @) , '\ MINUTES Pl.ANNING COMMISSION Page 6 May 28, 1986 COMMISSIONERS PUBLIC HEARINGS: (continued) Corrrnissioner Marcus inquired if when there dre steep slopes, whether there ls any City or State ldw requiring a gudrd rail when it goe~ through a building check. Mr. Gri111111 stated that dt the time the p,oject goes to the Bulldlnq Departme~t ror a building plan check, qenerally certain.sarety requirements will have to be met. 3) SDP 85-17/V-373 -BRODINE -Remodel and addi tion to existing duplex located at 2643 Ocedn Street within the Beach Area Overlay Zone. Mike Howes, Senior Planner, gave the presentation on this item as contained in the staff report, with the aid of a transparency and a ~all map of the site. He de~cribed what the re1110dellng consisted or dnd added that this project would normally be handled administratively, but since it is in the Beach Area Overlay Zone, It requires approval of a site development plan by the Planning Connission. He explained the reason that certain variances are being requested, and stated that staff is reco11111endlng approval of this project. Chairman Schlehuber declared the public hearing opened at 7:04 p.m. and issued the invitation to speak. Roy R. Blackford, 2942 Harding Street, Suite E, representing the applicant, addressed the Commission and briefly described their intentions in regard to the project. There being no other person in the audience desiring to address the Co11111lssion, Chairman Schlehuber declared the public hearing closed at 7:05 p.m. COlllffliss1oner Holmes stated that the tandem parking was not acceptable to him and expressed his concern with the lower level floor plan, as it could be converted Into another apartment. C~lssloner McBane commenoed the architectural design of the building, but stated that he concurred with CO!llllissioner Holmes 01, hls concerns. He stated he also has problems with the attic of the unit on the street above the garage, as it too appears to be ver1 easily occupied as an apartment. further, he pointed out he felt that the building was too 111c1ssive fo.· that area. Chair111an Schlehuber stated that the fact that the lower and attic levels of the project could be converted into additional apartments ls speculdtion, dnd the code enforcement officers are responsible to see this is not done. fhe tandem parking, although not desirdble, has been allowed in this area in the past. C01aissioner Mcfadden stated that the fact that two of the parking spdces are compact spdces ls unrealistic and the Coa11lsslon ls cutting it mighty fine taking the size of the building into consideration. She concurred with Coiahsioner McBane's concern regarding the possibility of the attic being convert ed into an additional apartment, and the Msslveness of the structure . MINUTES May 2B, 19B6 PLANNING COMMISSION PUBLIC HEARINGS: (continued) Mr. Blackford readdressed the Commission and explained that in regards to the parking, there is no other space available other than the front end of the lot. The only other alternative ls to provide four full size spaces and meet the old parking standards. A motion to approve SOP 85-17/V-373 BRODIN[ and adopt Resolutions Nos. 2553 and 2554 failed passage. A motion was made to return SOP 85-17/V-373 -BRODIN~ back to staff to r~design the project to delete the proposed upper level. Commissioner Mcfadden inquired whether it was premature to condition this project that they participate in a parking district lf one is formed as a result of the Beach Area Overlay report. Dan Hentschke, Assistant City Attorney, stated that he believed this was covered by Condition No. 10 of the pertaining resolution -which requires the applicant to agree to abide by any additional requirements established by the development management system or phasing plans. The phasing plan W\Juld Include any of the facill tles that would be required in this area. If there ls a parking district formed, and it ls covered by the facilities plan, then he would automatically be assessed. An amended motion to delete the extra space added to the project on the basement level failed passage. The Planning Commission returned SOP 85-17/V-373 BRODIN[ back to staff to redesign the project to delete the proposed upper level. 4) ZCA-192 -CITY OF CARLSBAD (Aquaculture) -Amendrnents to the Carlsbad Zoning Ordlr.ance to allow the sale of aquaculture products by conditional use permit in Open Space (OS) and Public Utility (PU) zones if the products are gro~~ on the premises. Schlehuber McFadden Hall Harcus HcBane Holmes Schramm Schlehuber Mcfadden Hall Marcus HcBane Holmes Schrann Schlehuber Mcfadden Hall Marcus HcBane Holmes Schrann (!) X X X X X X X X X X X X X X X X X X X X X X X X MINUTES May 28, 1986 PLANNING COMMISSION PUBLIC HEARINGS: (continued) Mike Howes, Senior Planner, gave the presentation on this item as contained in the starr report, and reviewed the background or the proposed cYnendment. He read the formal definition or "aquaculture" by the California Department or Fish and Game and inquired whether the Conwnission wanted this definition added to the zoning ordinance. After a brief discussion, the Commission concurred that this definition be included, with the addition/ clarification that hydroponics are not included as part or the definition. Commissioner McFadden inquired why this ordinance was not limited to the open space designated in the local coastal plans r~r aquaculture. Mr. Howes stated that as per the definition, aquaculture may occur in fresh water areas. There ls the possibility that at some future date, aquacultur~ may occur in Squires Dam or Lake Calavera. The requirement or a condition use permit gives the City the control it needs to make sure it ls a desl,eable use. lhere will not be any adverse Impacts. Chairman Schlehuber declared the public hearing opened at 7:26 p.m. and Issued the lnvJtatlon to speak. Richard Glen, Sea farms West, P.O. Box 1540, Carlsbad, addressed the Conwnlssion and urged that the Commission approve the ainendment. for the benefit or the audience, Chairman Schlehuber clarified that the Commis~lon is not specifically addressing the proSect of Sea farms West at this time; this will COl1le up separately under the conditional use oermit process. This ls sl,~ply a general ordinance to allow the sale or aquaculture_ Don Omsted, speaking on behalf Qf Anne Omsted, President or the Batiqultos Lagoon fo,!:-,dation, ~dressed the C0111111isslon, and read a statement (a copy was submitted) into the record requesting the Comnilsslon to consider several issues requiring ~reful attention in regard to the proposed ordinance. There being no other person in the audience desiring to address the Cownisslon, Chairman Schlehuber declared the public hearing closed at 7129 p.m. Conaissioner McFadden inquired whether the Local Coastal Plan for Agua Hedionda Lagoon is approved for the sale of aquaculture. Mr. Howes stated the plan ls approved, but the llllple111entlng ordinance ls not in line yet. She inquired whether the Batiqultos Lagoon was under the San Dieguito Local Coastal Plan. Dan Hentschke, Assistant City Attorney, responded that it has no Local Coastal Plan. It was ron1erly adopted as part of the San Dieguito Local Coastal Plan. As soon as the property was annexed into the City or Carlsbad, however, the Local Coastal Plan, as it applied to Batlqultos, no longer applied. It l a now within the Carlsbad jurisdiction. The Planning Oepartlllent l s working on an amendlnent to the Carl shad Local Coastal Plan which will cover that area. MINUTES May 28, 1986 PLANNING COMMISSION PUBLIC HEARINGS: (continued) Commissioner Mcfadden stated that she felt that the proposed ordinance ls too far sweeping now and ls premature until the Local Coastal Plan ls in line and done for Batiqultos Lagoon, She concurred with Bdtlquitos Lagoon foundation's suggestion to make the ordinance specific, just for the Agua Hedionda Lagoon. Once the Local Coastal Plan ls approved for Batlqultos Lagoon and Carlsbad has control, the ordinance can be broadened at that time, Commissioner Marcus stated that she felt that under the conditional use permit process, the Commission will have the opportunity to review each request. Hr. Grimm added that for each conditional use permit that comes in, there will be further environmental studies required for site specific. Dan Hentschke, Assistant City Attorney, stated that a conditional use permit for ~quaculture in the coastal zone could not be approved unless it was consistent with the local coastal plan fur that area. At this time Carlsbad has no jurisdiction to approve coastal development permits for Batlqultos. If someone requests a conditional use permit to allow the sale of aquaculture in Batlquitos Lagoon, they would be required to come to the City to get a conditional use permit under the proposed ordinance, then to go to the Coastal Commission and get a coastal development pet·ml t. Hike Holzmiller, Planning Director, suggested that the ract that a conditional use permit in the coastal zone can only be considered if it ls permitted by the coastal plan for that area could be included in the ordinance. It was agreed that this would not be necessary since it is already required by law and would only be redundant. The Planning Commission recommended approval of the Negative Declaration and adopted the following resolution with the following addition: ( 1) add the deflni tion of aquaculture, expanding it to specifically disallow hydroponics: RESOLUTION NO. 2561 RECOHf,£NDING APPROVAL Of A ZONE CODE. At£NDH£Nf, AME:NOINC TITLE 21, CHAPTERS 21.33 (OPEN SPACE), 21.36 (PUBLIC UTILITIES) AND 21.42 (CONDITIONAL USES), Of lliE CARLSBAD 1-tJNICIPAL CODE, BY lliE ADDITION Of SUBSECTIONS 21.33.040(13), 21.36.110, 21.42.010(14) TO ALLOW lliE SALE Of AQUACULTURE PRODUCTS BY A CONDITIONAL USE PERMIT If PRODUCTS ARE GROWN ON TH£ PREMISES. 5) ZCA-193 -CITY Of CARLSBAD (Growth Managetnent Progrc1111) -lmpletnentation of Ordinance. This ite111 was continued to June 4, 1986. Schlehuber X Hcf adden X Hall X X Harcus X HcBane X Holmes X Schramm X MINUTES May 28, 1986 PLANNING COMMISSION Page 10 COMMISSIONERS ADDED ITEMS ANO REPORTS Mike Holzmiller, Planning Director, informed that the Historic Preservation Co11111lsslon ls now organized and will be meeting once a month, Under the ordinance, a member of the Planning Commission serves as an ex-officio member of that Connission, and an appoint~ent will need to be made. Chairman Schlehuber requested that this item be placed on the agenda of the next meeting of the Planning Commission, and that the Director provide the Comm!ssion with more information regarding the Historic Preservation Connlssion. Mr. Holzmiller advised that the Carlsbad Unified School District has sent notice that they have accepted the City's offer to hold their meetings ln the louncil Chambers on a regular basis. The Commissioners previously agreed to ch<lnge the Planning Commission meetings to the first and th.rd Wednesday evenings of each month. Therefore, beginning in September, the Planning Commission meetings wil l be held on the first and third Wednesday evenings of each month, and the School District will hold their meeting on the second and fourth Wednesday evenings of the month. Mr. Holzmille~ announced that th~re ls a workshop scheduled by the Arts Commission on the percentage for the Arts Program for Wednesday, July 23, 1986. He inquired if the Planning Commission would be interested in making this a joint meeting and hold it in the Council Chambers. Chairman Schlehuber stated that since it ls a regular meeting time, it would depend on the agenda of the Planning Co111111lsslon scheduled for that date. Hr. Holzmiller advised that Ms. Beardsley invited the Commission as the Arts Commission will eventually be making recommendations to Council on how to spend the money on certain projects which may require input from the Planning Commission. Following further discussion, Chairman Schlehuber stated that in light or the fact that the Planning Co111111!ss!on's future 111eetlngs will be light, he would support this joint 111eeting with the Arts Commission. If there ls nothing on the Planning C011111lsslon•~ agenda for July 23, 1986, then the 111eetlng will be a joint meeting with the Arts C~1sslon and will begin at 7:00 p.m. as scheduled by the Cultural Arts Manager. Commissioner Schramm advised that she would be on vacation on that date. Mike How~s, Senior Planner, requested to speak to the 111e111bers or the H'.l 1~1de -ind the PUO Committees. ® MINUTES PLANNING COMMISSION May 28, 1986 Page 11 COMMISSIONERS Plan~ing C01111ission In response to Chair111an Schlehuber, Commissioner ~:cF adden stated that she has not been ~ble to reach former C01111issioner Smith to schedule an outgoing party. CotMlssioner Holmes offered to contact him. Approval or Minutes The Planning C011111ission approved the minutes or the meeting or April 9, 1986. The Planning C011111ission approved the minutes or the meeting or April 23, 1986. A motion was 111ade to approve the minutes or t~e meeting May 14, 1986. or C011111issioner McFadden inquired whether Hr. Smith was a ~lannlng C~issioner at the meetings of April 23 and Hay 14, 1986 as noted in the minutes. Commissioner Schramm was sworn in on April 23, 1986. Dan Hentschke, Assistant City Attorney, responded that Hr. Smith continued to serve until C0111111issioner Schranwn's first meeting. The Planning C~ission approved the minutes or the meeting or May 14, 1986. ADJOURNMENT By proper 1110tion, the Meeting of Hay 28, 1986, was adjourned at 8:48 p.~., to June 4, 1986. Respectfully submitte~, MICHAEL HOLZMILLER Planning Director Elizabeth Caraballo Minutes Clerk EC1tc MEETINCS ARE ALSO TAPED AHO KE:PT ON FILE. LtlTIL TttE. MINUTES ARE APPROVED. Schlehuber McFadden Hall Harcus McBane Holmes Schramm Schlehuber McFadden Hall MarClJS McBane Holmes Schramm Schlehuber McFadden Hall Marcus HcBane Holmes Schrann @ X X X X X X X X X X X X X X X X X X X X X X '( X