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HomeMy WebLinkAbout1987-05-06; Planning Commission; Minutest MINUTES Place of Meeting: City Council Chambers 4 '1 COMMISSIONERS \ 3 CALL TO ORDER: Chairman Marcus called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE was led by Chairman Marcus. ROLL CALL: Present - Chairman Marcus, Commissioners Hall, Holmes, McBane, McFadden, Schramm, and Schlehuber Absent - None Staff Members Present: Michael Holzmiller, Planning Director Charles Grimm, Assistant Planning Director Mike Howes, Senior Planner Gary Wayne, Senior Planner Bobbie Hoder, Senior Management Analyst Phil Carter, Senior Management Analyst Lloyd Hubbs, City Engineer David Hauser, Assistant City Engineer PLANNING COMMISSION PROCEDURES: Chairman Marcus reviewed the Planning Commission procedures, shown on the transparency, for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: There were no comments from the audience. AGENDA ADDITIONS, DELETIONS OR ITEMS TO BE CONTINUED: At the request of staff, Agenda Item No. 1) ZCA-198 CITY OF CARLSBAD (PC ZONE - PARES) was continued to May 20, 1987. CONTINUED PUBLIC HEARINGS: 2) CUP-194(B) - AQUACULTURE - Request for a conditional use permit amendment to sell shellfish from a roadside stand near the fisherman's landing parking lot on the east side of Carlsbad Boulevard. Charles Grimm, Assistant Planning Director, reviewed the background of the request and stated that Seafarms West, who operate an aquaculture facility on Agua Hedionda Lagoon, would like to sell some of their shellfish products from a roadside stand to be located at the south end of the fisherman's landing parking lot. The property would be leased from San Diego Gas & Electric, who the applicant leases the current aquaculture facilities from. The "stand" would not be a building but would be an area approximately 20 by 24 feet enclosed by a chain link fence with four table-like tanks inside. Clams, mussels, and oysters grown in the adjacent lagoon would be sold fresh out of the tanks. Operations would be during daylight hours only. The applicant's present CUP allows for operation of the existing aquaculture facility where the shellfish are grown Meeting of: PLANNING COMMISSION . Time of Meeting: 6:00 p.m. Date of Meeting: May 6, 1987 Hall Holmes Marcus McBane McFadden Schlehuber Schramm . . MINUTES May 6, 1987 PLANNING COMMISSION Page 2 \ ? COMMISSIONERS ’ and harvested. This amendment only applies to the sale of products from the roadside stand, which would provide a desirable service to the community. The Agua Hedionda Local Coastal Program designates aquaculture as a land use at its existing location and does not restrict the on-site sale of such products from a roadside stand. Traffic generation from the roadside stand is projected to be minimal. Staff recommends approval of the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2651 approving CUP-194 (B), based on the findings and subject to the conditions contained therein. Commissioner McFadden inquired how water gets into the tanks and why no electricity is needed. Mr. Grimm replied that water would be pumped using electricity from the existing facility. Commissioner Hall stated that he understands the State will be making road improvements in that locality and inquired if the City planned to make improvements to the fisherman's parking lot. Lloyd Hubbs, City Engineer, replied that the design has not yet been worked out but that the city would be making improvements within the existing right-of-way. Commissioner McBane inquired if the dirt driveway to the parking area met city requirements and Mr. Hubbs replied that, in general, dirt is not acceptable and deferred comment to David Hauser, Assistant City Engineer, who stated that a dirt driveway is acceptable for roadside stands but would not be acceptable for normal commercial ventures. Chairman Marcus declared the public hearing open and issued the invitation to speak. Mr. Richard Glenn, P. 0. Box 1540, Carlsbad, who owns Seafarms West, addressed the Commission and clarified the question raised by Commissioner McFadden regarding water and electricity. He stated that no electricity was needed at the facility and that seawater would be pumped from the aquaculture facility for use in the tanks. There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner McFadden stated that she does not see a need for the facility and with beach traffic feels it would further crowd an already crowded area. Commissioner Holmes stated that he would like to see an additional parking space created for the handicapped. In addition, he would like Condition 4 of the resolution to be revised to say "take out" only. Commissioner Schlehuber stated that he thinks the project is good and can support it. Chairman Marcus joined him by saying that she can also support the project and feels it would be a good addition to Carlsbad. Commissioner McBane stated that he likes the concept but feels that a small sign should be allowed since signage restrictions on Carlsbad Boulevard may inhibit success of the project; however, if the venture does prove successful, the parking situation may have to be upgraded. Commissioner Schlehuber stated that he is concerned that people may not be able to locate the facility without a sign ‘ . MINUTES May 6, 1987 PLANNING COMMISSION Page 3 COMMISSIONERS and feels that vehicles slowing down to look for an address could impede traffic on Carlsbad Boulevard. He would support a sign for the facility. Chairman Marcus stated that she, too, would not be opposed to a conservative sign. Motion was duly made and seconded to approve the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2651, approving CUP-194 (b), based on the findings and subject to the conditions contained therein and, further, to require one of the parking spaces to meet handicapped standards. Commissioner McFadden requested that the minutes reflect her opposition to the project because she feels the site is inappropriate due to the heavy beach traffic. 3) SDP 86-8 - MAGTIRA - Request for approval for a site development plan to allow the conversion of a single family residence into a medical office on property located at 825 Laguna Drive in the RPQ zone. Commissioner Schlehuber disqualified himself from this item due to possible conflict of interest since he owns adjacent property. Charles Grimm reviewed the background of the request and stated that the applicant is asking approval of a site development plan to convert a single family residence into a 1,000 sq. ft. medical office on property located on the southeast corner of Laguna Drive and Jefferson Street in the RPQ zone. The proposed office building is one-story of wood/stucco. A main consideration of this plan is compatibility with the existing neighborhood. Staff has determined that the structure will be compatible with the area but is now requesting that the six foot masonry wall on the Jefferson Street side (Condition #13) be changed to a two foot masonry wall for the first ten feet near Jefferson. Staff recommends approval of the Negative Declaration and adoption of Resolution No. 2654 approving SDP 86-8, based on the findings and subject to the conditions contained therein, with the revision to Condition 13 for a two foot masonry wall in lieu. Commissioner McFadden inquired if there would be lighting in the parking lot and was advised that parking lot lights had not been stipulated as a condition to approval. Chairman Marcus declared the public hearing open and issued the invitation to speak. Jane Magtira, 151 Segovia Way, Carlsbad, applicant, addressed the Commission and stated that she and her husband, Dr. Magtira, had been waiting for over a year for this public hearing. She then turned the time over to the architect they had employed for the project. Robert Royce, 2956 Roosevelt, Carlsbad, an architect representing the applicants, addressed the Commission and stated that in order to meet the 1,000 sq. ft. requirement, it would be necessary to relocate a wall of the building in 18 inches so that an additional parking space may be created. He asked consideration of the Commission to let the building Hall Holmes Marcus McBane McFadden Schlehuber Schramm C MINUTES May 6, 1987 PLANNING COMMISSION Page 4 COMMISSIONERS stand at its current 1,017 sq. ft. to avoid additional time and expense. Mr. Grimm replied that without a reduction of the square footage it would require a variance for parking. Commissioner Holmes stated that he feels some additional funds should be expended to improve the look of the building, especially due to the fact that it is located directly across from the redevelopment area. He does not feel that the building adds to the ambiance of the village atmosphere. Mr. Royce replied that the applicants have been without income for over one year, while trying to satisfy the numerous requirements, and felt sure the Magtira's would improve the facade of the building once they are able to derive an income from the medical practice. Mrs. Magtira inquired if there were anything structural needing to be done and Chairman Marcus stated that the project would be more desirable if the building and landscaping looked more attractive. Mr. Royce returned to the podium and suggested that the Commission approve the SDP as is, with the wall moved, and the Magtira's could return to the Commission for the variance on the parking shortage. With regard to the aesthetics, he will work with the client, as much as their budget permits, but he hoped the Commission could approve the resolution as it stands right now. There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner McFadden stated that she had no problem with the resolution, but that she would like lights in the parking lot, directed away from the houses. Commissioner McBane suggested to Mr. Royce that the two southern parking spaces move further toward Jefferson Street, which would eliminate the need for the turnarounds, and would permit an additional two hundred feet of landscaping. Mr. Royce replied that, in his opinion, the existing plan provides more maneuverability for the spaces to the south. Commissioner MC Bane thinks the 50 foot backup is excessive and would prefer more landscaping. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 2654 approving SDP 86-8, based on the findings and subject to the conditions contained therein, and to require the inclusion of outdoor lighting for the parking lot and a modification to Condition 13, reducing the masonry block wall height from six feet to two feet. 4) PIP 86-3 (A)/CUP 87-l - ZAPPCO DEVELOPMENT - A request to approve the conditional use permit to allow a manager's residence at a warehouse facility in the PM zone and also a request to amend a planned industrial permit to allow recreational vehicle parking in a SDG&R easement adjacent to the warehouse. Charles Grimm reviewed the background of the request and stated that the applicant has withdrawn the request for RV parking and only desires the conditional use permit to allow a 960 square foot manager's residence at a warehouse facility in the Carlsbad Airport Center on Dryden Place, a cul-de-sac in the PM zone. He further stated that new information had Hall Holmes Marcus McBane McFadden Schlehuber Schramm MINUTES May 6, 1987 PLANNING COMMISSION Page 5 been recently received from SANDAG which shows that the flight activity zone has been expanded and the subject site now falls into the flight activity-restricted use zone. Based on this information, Rick Severson of the San Diego County Airports Division and Jack Koerper of SANDAG could not support the proposed residential use. Had this information been received sooner, staff may have looked at this report differently, but staff recommends approval. Commissioner McFadden inquired if noise attenuation had been included in this residence. Mr. Grimm responded that the building construction is different than in residential use, and possibly more sound resistant. Commissioner Holmes inquired if the Commission would be placing the city in a position of future liability if the project were approved. Michael Holzmiller, Planning Director, replied that from a planning standpoint, and in the absence of a city attorney, it should only be approved with a "hold harmless." He noted that there have been precedents. Mr. Grimm noted that the applicant had an alternate proposal, substituting a request for a lounge in lieu of a residence, which the Commission may want to hear. Chairman Marcus inquired if all concerned persons would be available in two weeks. The applicant indicated he would be available. Motion was duly made, seconded, and carried to continue this public hearing for two weeks, to May 20th, when a representative of the City Attorney's office will be in attendance. 5) AV 86-9 -deHAAS- Request for approval to allow an eight foot high fence along the south side property line on a property located at 2652 Highland Drive. Mike Howes, Senior Planner, reviewed the background of the request and stated that the applicant is appealing the Planning Director's denial of a request for an administrative variance to allow an eight foot high fence along the southern side yard on property located at 2652 Highland Drive. This item was referred to the Planning Department by the Code Enforcement Officer who received a complaint about an illegal fence. Mr. Howes stated that the granting of this variance could be detrimental to the public welfare, indirectly, in that approval could establish an undesirable precedent of fences in excess of six feet which would degrade the visual quality of the R-l Zone. Staff recommends adoption of Resolution No. 2655 denying AV 86-9, based on the findings contained therein. Chairman Marcus declared the public hearing open and issued the invitation to speak. Stan de Haas, 2652 Highland Drive, Carlsbad, addressed the Commission and inquired who had complained about the fence. Chairman Marcus replied by saying that she did not have that information. Commissioner Schlehuber stated that the city does not have to furnish this information because the complainant is protected by law. Hall Holmes Marcus McBane McFadden Schlehuber Schramm X MINUTES May 6, 1987 PLANNING COMMISSION Page 6 COMMISSIONERS Mr. de Haas then asked the meaning of detrimental as it applied to the ruling. Chairman Marcus replied that information relative to the code violation had been provided for his benefit and that the relative merits of the law were not a subject for discussion. There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to adopt Resolution No. 2655 denying AV 86-9, based on the findings contained therein. Chairman Marcus informed Mr. de Haas that he could appeal this decision to the City Council, if desired, by visiting the Planning Department offices located at 2075 Las Palmas Drive during regular business hours. 6) GPA/LU 86-12 - CITY OF CARLSBAD - An amendment to the text of the Land Use Element of the General Plan to allow existing R-2 lots to be developed with two family residence regardless of the density allowed by their General Plan designation. Mike Howes, Senior Planner, reviewed the background of the General Plan amendment and stated that the intent is to eliminate inconsistencies between R-2 zoning densities and General Plan densities. The amendment would allow all R-2 lots existing in December of 1986 to be developed with duplexes as long as development is compatible with existing neighborhoods. Mr. Howes stated that if GPA/LU 86-12 is approved, the attorney's has suggested that two more findings should be added which have been reviewed by the city attorney's office: 1) that projects will provide sufficient public facilities for the density in excess of the control point to ensure that the city's public facilities plan will not be adversely impacted, and 2) that projects below the control point will be offset by projects above the control point so as not to exceed the quadrant limit. Mr. Howes also advised the Commission that staff has received ten letters in favor of the proposed General Plan amendment and one letter of opposition. Copies of the letters were provided to the Commissioners. Staff recommends adoption of Resolution No. 2633 approving GPA/LU 86-12 based on the findings contained therein. Chairman Marcus declared the public hearing open and issued the invitation to speak. Mario Monroy, 3610 Carlsbad Boulevard, Carlsbad, a member of the City Council Advisory Committee to study the beach overlay area, addressed the Commission and stated that the proposed amendment could conflict with the results of the advisory committee's study which is almost completed. He is also concerned about the intent of Proposition E and feels that allowing a density increase on R-2 lots could set a precedent for the same situation on R-3 lots. Penn Thayer, P. 0. Box ID, Dana Point, addressed the Commission and stated that he has owned two lots on Cove Hall Holmes Marcus McBane McFadden Schlehuber Schramm X . . MINUTES May 6, 1987 PLANNING COMMISSION Page 7 COMMISSIONERS \; Drive, Carlsbad, for ten years. Since there are 13 vacant lots now in Bristol Cove, he feels it is inconsistent that two unit projects and single family residences will be located amidst lots which contain six units. He originally developed his plans for six units, redesigned the plans for four units when the lots were down-zoned, and will now have to redesign the plans for two units or a single family residence-- at considerable expense. He asked that the Commissioners consider RW zoning in the Bristol Cove area. Chairman Marcus advised Mr. Thayer that she did not think tonight's action affected him however she appreciated his comments. Jerome Shaw, 7245 Rue De Roark, La Jolla, addressed the Commission and stated that he is in support of staff's recommendation. He purchased an R-2 lot on Sacada Circle two years ago, paid $1,200 in connection fees for two units, sold the lot last year to a buyer who had architectural plans drawn for a duplex, and when went to close escrow, found that the R-2 lot had been changed to R-l. He had not been notified of the change to R-l and felt it was unjust at that time. Jacqueline Mathias, a Carlsbad broker representing the Robertson Trust, addressed the Commission and stated that the trust owns an R-2 lot on Corintia Street (Lot 368) in La Costa Meadows Unit 2 which was rezoned R-l without any notice. With the R-l zone change, the only option would be a single family residence which would be situated right in the middle of an entire neighborhood of duplexes. Richard Scar, 1650 Linda Vista Drive, San Marcos, an architect, addressed the Commission and stated that he had designed several duplexes that had been condominiumized in the La Costa area. His clients are elderly and purchased R-2 lots with the hope that they could make money to live on. He supports the staff recommendation. There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Chairman Marcus remarked that the staff report correctly stated that the proposed amendment originated from a request by the Commission to establish consistency. Commissioner Schlehuber inquired if the only lot involved in the beach overlay zone was the one located at Garfield and Tamarack, and was advised that this was the only vacant lot but there were many other lots which had been developed with single family homes. Commissioner McBane remarked that he feels the conditions vary from R-2 to R-2 within the city. He is concerned about setting a precedent, and is not comfortable with the density increase on an incremental basis. Chairman Marcus asked staff to reiterate how many additional units might be added as a result of the proposed amendment and Mr. Howes replied that the maximum additional units would be 143. Commissioner McBane is concerned about the additional density since it will require an offset some place else. Chairman Marcus replied that the increase does not exceed the density for the quadrant. Michael Holzmiller, Planning Director, MINUTES May 6, 1987 PLANNING COMMISSION Page 8 stated that the quadrant density was calculated with the maximum number of units for R-2 zones. Commissioner McFadden stated that she would like to see how the density was calculated and inquired how Commissioners could verify the density offset is actually taken in other zones. Michael Holzmiller, Planning Director, replied that when future R-2 projects are approved which increase density, the findings must show where the density offset will be taken. He remarked that this proposed amendment does not address specific properties but only remedies inconsistencies between existing zoning and the General Plan. Commissioner Schlehuber stated that it was his understanding that the Commission could rely on the findings by staff that the density does not exceed the Proposition E caps. Commissioner McBane feels that the proposed amendment may be creating vested rights on development of the R-2 lots. Mr. Holzmiller denied that it was creating vested rights since each lot would be considered individually on its own right. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 2633 recommending approval of GPA/LU 86-12 per staff's recommendation to the City Council, based on the findings contained therein, and to include two findings that will be made when R-2 lots come before the Commission. 7) GPA/LU 86-6 - CITYOF CARLSBAD - Proposed General Plan Amendment from RMH, Residential Medium High 8-15 du/ac to RM, Residential Medium 4-8 du/ac for a 32.9 acre parcel south of Corte de la Vista and east of Alicante Road. Mike Howes, Senior Planner, reviewed the background of the request and stated that in 1986 the City Council directed staff to examine inappropriate land use designations on property throughout the City which had been reported by the Citizen's Committee on Land Use. The La Costa Ranch Company presented preliminary plans for a development in Alicante Hills and asked that consideration by given as soon as possible because it was hoped that construction could begin concurrent with the City Council's approval of the Local Facilities Management Plan for Zone 6, tentatively scheduled for review in June. Staff recommends approval of GPA/LU 86-6 because the proposed change from RMH 8-15 du/ac to RM 4-8 du/ac will reduce the density on the 32.9 acre parcel located south of Corte de la Vista and east of Alicante Road from 378 to 195 units and feels that the proposed project will be compatible with the surrounding area. Chairman Marcus declared the public hearing open and issued the invitation to speak. Bill Hofman, a Planning Consultant with offices at 6994 El Camino Real, Suite G, Carlsbad, addressed the Commission and stated that he is representing the La Costa Ranch Company. He feels the proposed amendment is good and agrees with the density reduction , which amounts to approximately 50%. He described the project, the structures, landscaping, and open space using a wall map. Hall Holmes Marcus McBane McFadden Schlehuber Schramm X . . MINUTES Paul McMeans, 101 West Broadway, Suite 1500, San Diego, representing Hialea West Coast, Inc., who own property at 7360 El Fuerte, La Costa, addressed the Commission and stated that the President of the Company who occasionally occupies that property, Mr. John Brunetti, has requested some clarification with respect to the proposed amendment since he is concerned about developments in the area having a detrimental impact on the views. He inquired if the proposed amendment would have any impact on the size or height of a particular structure which would be permitted to be built on one of the subject lots. Mr. Howes replied that the existing building height of 35 feet would remain the same. There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner McFadden would like to see the maximum dwelling units per acre reduced from eight units/acre to six units/acre due to the topography. Commissioner Schlehuber remarked that a letter from Mr. 0. B. Adams states that eight units/acre would not be compatible with the Jockey Club, however six units/acre would be compatible. Commissioner Schramm wondered if the small lots could be restricted to single family homes. Mr. Howes replied that it would be difficult to do unless it was zoned single family and that the applicant must bring the project through the Planning Department. Motion was duly made, seconded and carried to approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 2583 approving GPA/LU 86-6, based on the findings contained therein, with a maximum density of 6 dwelling units per acre. May 6, 1987 PLANNING COMMISSION Page 9 4 COMMISSIONERS ’ \ Hall Holmes Marcus McBane McFadden Schlehuber Schramm INFORMATION ITEMS: 8) EXTENSION OF CUP-246 WESTERN BANKERS - Request for a Conditional Use Permit to allow the development of a mini-warehouse immediately adjacent and to-the north of an already approved office project (SP-23 (E) on the northwest corner of Paseo De1 Norte and Camino De1 Parque in the P-C one. Charles Grimm, Assistant Planning Director, reviewed the background of the request and stated that on November 28, 1984 the Planning Commission recommended approval of CUP-246 to allow the development of a mini-warehouse on property located at the corner of Paseo De1 Norte and Camino De1 Parque. On January 22, 1986, staff recommended approval of a one year extension and the applicant is now requesting an additional one year extension. Staff recommends approval of a one year extension for CUP-246 because the proposed project still meets all zoning requirements and staff sees no reason not to extend the application. Gene Hargraves had requested to speak but declined when called. . . MINUTES May 6, 1987 PLANNING COMMISSION Page 10 Commissioner Holmes stated that he has no problem with the CUP. He lives in the area and feels that residents are ready to see something happen in the vicinity since the area is currently being used as a trash receptacle. Motion was duly made, seconded, and carried to approve the extension of CUP-246 to May 6, 1988, based on the findings and on the recommendation of staff. MINUTES: The minutes of the April 16, 1987 meeting were not yet available for consideration. ADDED ITEMS AND REPORTS: Michael Holzmiller, Planning Director, advised the Commission that the joint meeting of the City Council on May 19 to discuss the City-wide traffic study has been rescheduled to May 26. The report should be delivered to Commission members on or about May 13. Commissioner Schlehuber stated that he feels staff should be looking for space in some remote or isolated area of the City for RV parking since most housing developments recently approved have prohibited RV parking within the project boundaries. Chairman Marcus stated she fully agrees with Commissioner Schlehuber on this need for RV parking. ADJOURNMENT: By proper motion, the meeting of May 6, 1987 was adjourned at 7:43 p.m. Respectfully submitted, MICHAEL HOLZMILLER Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE APPROVED. Hall Holmes Marcus McBane McFadden Schlehuber Schramm Hall Holmes Marcus McBane McFadden Schlehuber Schramm ? \ : I I