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HomeMy WebLinkAbout1990-12-19; Planning Commission; Minutes’ MINUTES Meeting of: Time of Meeting: PLANNING COMMISSION 6:00 p.m. Date of Meeting: December 19, 1990 Place of Meeting: Safety Center COMMISSIONERS CALL TO ORDER: Chairman Schramm called the Meeting to order at 6:07 p.m. PLEDGE OF ALLEGIANCE was led by Commissioner Holmes. ROLL CALL: Present - Chairman Schramm, Commissioners Erwin, Hall, Holmes, Marcus, and Schlehuber Absent - Commissioner McFadden Staff Members Present: Gary Wayne, Assistant Planning Director Robert Green, Principal Planner Chris DeCerbo, Senior Planner Brian Hunter, Senior Planner, Growth Management Michael Grim, Assistant Planner Bobbie Hoder, Senior Management Analyst Don Rideout, Senior Management Analyst, Growth Mgmt Ron Ball, Assistant City Attorney David Hauser, Assistant City Engineer Bob Wojcik, Principal Engineer Steve Jantz, Associate Engineer PLANNING COMMISSION PROCEDURES: Chairman Schramm reviewed the Planning Commission procedures on the overhead for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA : There were no comments from the audience. MINUTES: Chairman Schramm requested that the last sentence of paragraph 5, page 10, of the minutes of December 5, 1990, be revised to read, )1 . ..the shopping center and the City can look at building a combined parking structure if needed." The Planning Commission approved the minutes of December 5, 1990 as corrected. CONSENT CALENDAR: 1) PCD/GPC 90-7 - CARLSBAD MUNICIPAL WATER DISTRICTS POTABLE WATER MASTER PLAN - Review of the District's Potable Water Master Plan for consistency with the City's General Plan. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3169 approving the Negative Declaration issued by the Planning Director on November 1, 1990 and adopt Planning Commission Resolution No. 3170 approving PCD/GPC 90-7, based upon the findings and subject to the conditions contained therein. 2) CUP 89-4X1 - HOEHN TEMPORARY AUTO STORAGE - Request for a one-year extension to a Conditional Use Permit to Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm c [ [ C c I : : : : : : December 19, 1990 A MINUTES PLANNING COMMISSION Page 2 \ \ 7 COMMISSIONERS allow the storage of new automobiles on Lot 8 of CT 87-3, located on the west side of Car Country Drive, between Cannon Road and Paseo de1 Norte. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3177 approving CUP 89-4x1, based upon the findings and subject to the conditions contained therein. 3) PCD/GPC 90-8 - OAK AVENUE IMPROVEMENTS - Request for a determination of General Plan Consistency for the installation of a storm drain, curb, gutter, and sidewalk along the north side of Oak Avenue between Roosevelt Street and the AT&SF right-of-way. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3173 approving the Negative Declaration issued by the Planning Director on November 15, 1990, and adopt Planning Commission Resolution No. 3174 approving PCD/GPC 90-8 based upon the findings and subject to the conditions contained therein, including the revision set forth in staff memo dated December 19, 1990. 4) PCD/GPC 90-9 - GENERAL PLAN CONSISTENCY DETERMINATION FOR THE CITY OF CARLSBAD CARRILLO RANCH STABILIZATION AND RESTORATION PROJECT. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3172 approving PCD/GPC 90-9 making the determination that the Carrillo Ranch Stabilization and Restoration Plan is consistent with the General Plan. PUBLIC HEARINGS: 5) LFMP 18-LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 18 - for property generally located south and west of the cities of Vista and San Marcos, east of El Camino Real. Don Rideout, Senior Management Analyst, Growth Management, reviewed the background of the request and stated that Zone 18 is a primarily residential zone located in the southeastern and northeastern quadrants of the City adjacent to the cities of Vista and San Marcos. Of the Plan's 906 total acres, 504 acres are residential, with densities ranging from low-medium (O-4 du/ac) to high-medium (8-15 du/ac). Nonresidential General Plan land uses include 138 acres of open space, 145 acres of mixed use planned industrial/office, 23 acres of commercial, and 71 acres of industrial. The following public facilities in Zone 18 will meet the adopted performance standard through buildout: City Administrative Facilities Library Wastewater Treatment Capacity Fire Water Distribution Mr. Rideout turned the time over to Brian Hunter, Senior Planner, who stated that: Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm \ 4 ! K K K -4 \ b’ x I( K K K K K K K K K K K K K K K !* MINUTES December 19, 1990 PLANNING COMMISSION Page Parks Park facilities meet the adopted performance standard with the proposed mitigation through buildout. Open Space Existing open space meets the adopted performance standard for existing and approved projects. An ongoing work program will assure the open space performance standard through buildout. Schools Existing and planned school facilities meet the adopted performance standard with the proposed mitigation through buildout. Mr. Hunter turned the time over to Steve Jantz, Associate Engineer, who stated that: Circulation Circulation facilities meet the adopted performance standard with the proposed mitigation through buildout. Sewer Collection Sewer facilities meet the adopted performance standard with the proposed mitigation through buildout. Mr. Jantz stated that the area of Zone 18 south of P.A.R. will require the construction of a pump station and force main in Zone 10. The area north of P.A.R. is located in an assessment district for an existing sewer pump station in the Vista Sanitation District. This portion of Zone 18 will temporarily use this system until the South Agua Hedionda system is completed through Zone 16. The raceway basin must process a flow transfer agreement with the cities of Carlsbad and Vista prior to the approval of the first development. Mr. Rideout concluded the staff presentation with an overview of the financing program for Zone 18. A follow-up financing plan will be required to meet the recommendations for guarantee. He referred to Condition #lo which has been created to apply to this zone as well as all future zone plans. The purpose of Condition i/l0 is to establish a finding of consistency to the General Plan. In order to make this finding, a Mello Roos District must be in place. The Local Facilities Management Plan for Zone 18 is consistent with the General Plan, the Growth Management Ordinance, and the Citywide Facilities and Improvement Plan to ensure that public facilities and services will be available in conformance with the adopted performance standards prior to development occurring. Therefore, staff recommends approval. Commissioner Erwin inquired about the possibility of the Melrose improvements being accelerated. Steve Jantz replied that there will be sufficient funds to provide for the acceleration of Melrose should it be warranted. Buildout is anticipated in 1998 and development will be providing the improvements. Commissioner Erwin inquired how the Melrose improvements would be funded if the majority of traffic is generated outside of Zone 18. Mr. Jantz replied that future development must provide street improvements regardless of where the traffic originates and cited Palomar Airport Road as a classic example. .P MINUTES December 19, 1990 PLANNING COMMISSION Page 4 COMMISSIONERS Commissioner Schlehuber inquired if a traffic circulation problem is anticipated before 1995. Mr. Jantz replied that all improvements are timed in accordance with planned development within this zone and adjacent zones. Chairman Schramm opened the public testimony and issued the invitation to speak. Bill Hofman, Hofman & Associates, 2386 Faraday, Suite 120, Carlsbad, representing the property owners in Zone 18, addressed the Commission and stated that he concurred with the staff recommendation and was available to answer questions. Commissioner Erwin stated that he is concerned about the properties located near the final approach to Palomar Airport. He inquired if the property owners are considering any other zoning for this area. Mr. Hofman replied that he is currently preparing the Master Plan to address specific land issues and cannot answer for the property owners until this has been completed. He added that staff would have an opportunity to review the Master Plan and they are sensitive to this issue. Commissioner Erwin inquired if Mr. Hofman had read the letter the Commission had received from Carrillo Ranch dated December 4, 1990. Mr. Hofman stated that he had not seen the letter and a copy was given to him. Brian Hunter, Senior Planner, stated that the letter from the Friends of Carrillo Ranch regarding relocation of two pillars near the entrance to the ranch refers to City-owned property. After reading the Carrillo Ranch letter, Mr. Hofman stated that the issues in the letter are ones which have to be addressed at the time of development and have no bearing on the LFMP for Zone 18. Commissioner Schlehuber requested Steve Jantz, Associate Engineer, to discuss the "F" intersection at Palomar Road and the "E" intersection at El Fuerte. Mr. Jantz replied that the City currently has an action plan to improve the intersections at Palomar Road and El Fuerte during the latter part of 1991. Before development can proceed in Zone 18, these intersections must be corrected. William Dougherty, 2600 La Golondrina, Carlsbad, addressed the Commission and stated that he has an aerial photograph of Zone 18 which shows that the riparian area is much larger than what is shown in the zone plan and extends beyond the gates to the Carrillo Ranch. In addition, a vernal pool which exists in Zone 18 is not indicated in the staff report. The riparian area extends from the lower dam up to the Willow Woods. The planned Melrose improvement would run through the center of the wooded area and will require 40 ft. of fill for the road bed. Mr. Dougherty believes that a bridge will be needed to enable some type of trail through the area and to avoid a high animal kill. He is also concerned that the proposed school site is located in a floodplain which is forbidden by state law. Further, he believes the Melrose extension will be an eyesore from the Carrillo Ranch because it will be elevated 120 ft. Brian Hunter, Senior Planner, responded to Mr. Dougherty's comments by stating that the original EIR was performed in 1979-80 and it is possible that the riparian area has ‘“’ MINUTES tl December 19, 1990 PLANNING COMMISSION Page 5 COMMISSIONERS expanded since that time. Before any development can occur, another environmental evaluation must be done. However, none of Mr. Dougherty's comments would have any effect on the zone plan. Don Rideout, Senior Management Analyst, responded on the school comment by stating that the San Marcos Unified School District is only required to acquire a site somewhere within Zone 18; however, it may not necessarily be the site which Mr. Dougherty pointed out. Chairman Schramm inquired if it is common practice to bridge road beds which separate a riparian area. Brian Hunter, Senior Planner, replied that this point will be looked into when the Master Plan is reviewed. Ron Ball, Assistant City Attorney, requested Mr. Dougherty to surrender the aerial photograph for the record so that it can be forwarded on to the City Council and referred to when documents are evaluated. Mr. Ball stated that when development is ready to take place, the land use will be reviewed and Mr. Dougherty's comments will be taken into consideration. Although Mr. Dougherty would like the aerial photograph returned, it must remain on file with the Planning Department. There being no other persons desiring to address the Commission on this topic, Chairman Schramm declared the public testimony closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution Resolution No. 3175 recommending approval of the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 3176 recommending approval of Local Facilities Management Plan 18. RECESS The Planning Commission recessed at 6:45 p.m. and reconvened at 6:52 p.m. 6) MP-177(B)/LCPA 90-5/CT 89-37/HDP 90-2 - AVIARA PHASE II - Request for a Master Plan Amendment/Local Coastal Program Amendment for Aviara Master Plan 177 to: (1) modify planning area boundaries for Planning Areas 25, 26, 27, 28, 29 and 30; (2) change permitted product types from multi-family to single family within Planning Areas 26 and 30; (3) modify development standards and design criteria for Planning Areas 25, 26, 27, 28, 29 and 30; and (4) reduce maximum dwelling unit potentials from 569 du's to 484 du's while increasing total open space by 15.43 acres. The approval of a 247 acre/l1 lot Phase II Master Tentative Tract Map and Hillside Development Permit is also being requested. The project site is located north of Batiquitos Lagoon, south of Alga Road, west of Aviara Phase I, in Local Facilities Management Zone 19. Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that Phase II of Aviara consists of the western 247 acres of the Aviara Master Plan including Planning Areas 25, 26, 27, 28, 29, and 30. The remaining 90.5 acres of the property which is predominantly comprised of Diegan Coastal Sage Scrub habitat and Eucalyptus groves, Erwin Hall Holmes Marcus Schlehuber Schramm K p., MINUTES December 19, 1990 PLANNING COMMISSION Page 6 will be preserved in open space. The Phase II project site is surrounded by Spinnaker Hills (Alga Road) to the north, Batiquitos Lagoon to the south, proposed single family to the west (Brocatto) and Aviara Phase I to the east. In addition to proposing several boundary changes within the Planning Areas, the Phase II revision includes a change in product type in Planning Areas 26 and 30 from multi-family to single family (minimum 7500 s.f. lots). As a result of this change, the maximum permitted dwelling units have been reduced from 569 du's to 484 du's, while increasing open space by 15.43 acres, and will result in a 63% multi-family/37% single family housing product mix. The proposed housing product mix would be consistent with the Master Plan goal of providing a well balanced and functional mix of residential uses and will enable a more balanced mix of housing types within the southwestern quadrant of the City. The structural heights have been changed to a roof peak maximum of 30 ft. for two-story and 22 ft. for one-story. In addition, the front yard setbacks have been increased from 20 ft. to 24 ft. Staff has determined that the Phase II Master Tentative Map and Master Plan Amendment, as proposed, meets all required City ordinances, plans and policies, as well as requirements of Mello I and the East Batiquitos Coastal Program; therefore, staff recommends approval. Robert Green, Principal Planner, introduced into the record a letter dated December 18, 1990 from the Legal Aid Society of San Diego, Inc. which requested an amendment to paragraph 27 of proposed Resolution No. 3153 to remove all reference to "moderate income" and retain those phrases with "very low" and "low" income. Since the Housing Element has not yet been finalized, Mr. Green suggested that discussion on this item should be reserved for public hearings on the Housing Element when it comes forward. Commissioner Schlehuber commented that the staff report discusses view preservation yet it recommends planting Eucalyptus trees which would block views. Chris DeCerbo, Senior Planner, replied that the Eucalyptus trees have only been proposed for areas contiguous to existing groves. Larry Clemens, Hillman Properties, 2011 Palomar Airport Road, Carlsbad, addressed the Commission and reviewed some of the history of the Aviara project for the benefit of the audience. He stated that over the past two years his team has held many community meetings in an attempt to incorporate community recommendations into the Aviara project. He passed out a schedule of meetings for the benefit of the Commissioners. He concurs with the staff recommendation and stated that he and his staff were available to answer questions. Commissioner Hall inquired if Mr. Clemens has read the letter from Tom and Cindy Ward of Spinnaker Hills dated December 19, 1990. He replied that he had not seen it. Mr. Clemens was given a copy to review so that he could comment on it. Commissioner Holmes stated that he has problems with the land slide area and inquired if it would be noted in the CC&R's. Mr. Clemens replied that the California Department of Real Estate requires a disclaimer and deed restriction which states that there has been a land slide and that the problem has been corrected. December 19, 1990 PLANNING COMMISSION 4 Page 7 COMMISSIONERS \ ’ Lee Vanderhurst, ICG, Inc., stated that he is an engineering geologist licensed by the State of California. He has evaluated the landslide area and confirms that it is stable. A grading scenario was specifically developed to stabilize the landslide area. During construction, inclinometers will be installed to detect land movement. If movement is detected, remedial measures would be required. Commissioner Erwin inquired if the minimum width was met for cul-de-sacs and elbows. Bob Wojcik, Principal Engineer, replied that the cul-de-sacs met the 60' requirement with the 20' setbacks and since those setbacks have been increased to 24' the width is more than sufficient. Commissioner Erwin inquired if there was ever any decision made on how many one-story units would be built. Chris DeCerbo, Senior Planner, replied that no number was specified. Conmissioner Erwin and Mr. Clemens agreed that the setbacks for Planning Areas 25, 26,27, 29 and 30 would he: Front yard 20 feet Side yard 6 feet Backyard 12 feet Comnissioner Erwin and Mr. Clemens agreed that the setbacks for Planning Area 28 would be: Front yard 20 feet Side yard 10 feet Back yard 20 feet RECESS The Planning Commission recessed at 7:48 p.m. and reconvened at 7:55 p.m. Chairman Schramm opened the public testimony and issued the invitation to speak. Dallas Smith, 1011 Iris Court, Carlsbad, addressed the Commission and stated that he currently has a view of the Batiquitos Lagoon from his home in Spinnaker Hills. He has been given plans showing the grading elevations but he wants to make sure that Hillman Properties lives up to their promises to preserve the views from Spinnaker Hills. Mr. Smith feels that it is relatively easy to lower the grading elevations before the houses are built in order to preserve the views. In addition, he would like to see the wall between the subdivisions kept low and the landscaping kept low so that they do not block the views. Mr. Smith is happy that Daisy Avenue will not carry through-traffic. He requested that measures be taken to treat graded areas (which will not be built on immediately) for erosion control. Al Sutton, 7319 Lily Place, Carlsbad, addressed the Commission and stated that his property backs up to the Aviara property. He has a whitewater view and wants to make sure that this view is preserved. He has received a written agreement from Hillman to ensure that the whitewater view will be protected. He gave copies of the agreement, with a cover letter to Chris DeCerbo dated December 12, 1990, to Planning staff for the record. December 19, 1990 PLANNING COMMISSION . Page 8 COMMISSIONERS \ Cindy Ward, 937 Begonia Court, Carlsbad, addressed the Commission and referred to her letter dated December 19, 1990, with Exhibits A-E, which states that the view line from her property will be blocked by the Phase II Aviara project. She also passed out a photograph of the existing view from her back yard. She requested that the road below her property be graded 10 ft. lower in order to preserve her view and that the two-story home facing the rear of her home be replaced by a one-story home. Ron Perry, 935 Begonia Court, Carlsbad, addressed the Commission and stated that he echo's the comments made by Cindy Ward. He is her next door neighbor. He is concerned about the uncertainty regarding the view preservation, especially since he was told by the realtor that the property behind his was designated as open space when he bought his property. Mr. Perry is currently trying to sell his home and if the view is lost it will greatly change the value of his home. Joe Reed, 1008 Daisy Avenue, Carlsbad, addressed the Commission and stated that he supports the staff recommendation for emergency access at the end of Daisy Avenue. He hopes that the gate will be nice looking and not look like the entrance to a maintenance yard. He is concerned about the 17% grade on Daisy Avenue because it will become an attractive nuisance for skateboarders. He proposed two solutions, i.e. some sort of ordinance to prohibit skateboarders or a special surfacing be laid on the road to make it unusable for skateboarders. Larry Clemens, Hillman Properties, returned to the podium for rebuttal. He passed out an exhibit which includes a photo of the views from Spinnaker Hills and the view angle. He assured the Planning Commission that the view from Cindy Ward's residence will not be obstructed. He has no problem with the design of the wall but was concerned about her comment of a two-story home facing her backyard. Mr. Clemens stated that the two-story home Mrs. Ward referred to is located approximately 100 ft. from the Ward residence, which is greater than the width of two City streets. He has tried to meet with Mrs. Ward on several occasions but has been unable to connect with her. Regarding Mr. Perry's comment about the open space behind his home, Mr. Clemens stated that it was never designated as open space and he doesn't know where that comment originated. Regarding Mr. Reed's comment for a nice-looking emergency gate on Daisy Avenue, Mr. Clemens commented that Hillman Properties plans to build a beautiful, decorative gate which will include trail heads. Chairman Schramm requested Mr. Clemens to give a copy of his handout to Mrs. Ward, which he did. Commissioner Schlehuber inquired if the view from Mr. Perry's home will be obstructed. Gary Wood, Civil Engineer, 41 West A Street, San Diego, addressed the Commission and stated that he did not prepare a view angle for the Perry residence. Commissioner Schlehuber stated that the Master Plan clearly states that views from Spinnaker Hills shall be preserved and it looks as though Mr. Perry might have a problem. Mr. Clemens replied that he will comply with the Master Plan. MINUTES CORRECTED December 19, 1990 PLANNING COMMISSION , Page ’ COMMISSIONERS \ Commissioner Erwin inquired if there was ever an agreement that whitewater views would be protected. Mr. Clemens replied that he had an agreement with the Suttons and the Smiths to preserve their ocean view. Commissioner Erwin inquired why Daisy Avenue is being gated. Mr. Clemens replied that it is an emergency access for Spinnaker Hills. Commissioner Erwin noted that the disclosure contained in the staff report only lists one name and inquired if it is correct. Mr. Clemens replied that only one individual owns in excess of 10% and that the disclaimer is correct. There being no other persons desiring to address the Commission on this topic, Chairman Schramm declared the public testimony closed and opened the item for discussion among the Commission members. Chairman Schramm requested staff to comment on the recommendation to resurface the extension of Daisy Avenue to discourage skateboarders. Bob Wojcik, Principal Engineer, replied that he will discuss the proposal with the Fire Department but he could not make a judgement at this time. Commissioner Hall requested staff to comment on the landslide problem. Bob Wojcik, Principal Engineer, replied that this area received third party peer review by a licensed geologist and staff is comfortable with their conclusion that the land i& will be stable. Commissioner Schlehuber inquired if staff has any control over view obstruction by trees. Chris DeCerbo, Senior Planner, stated that staff cannot enforce view preservation if it has been invaded by tree growth. Commissioner Erwin is concerned that homes in Phase II will be too massive for the size of the lots. He would like to see larger setbacks in the side and rear yards. Further, he has a problem with gated streets of any kind. Nevertheless, Commissioner Erwin can support the project as long as the views will be preserved. Commissioner Schlehuber agrees with Commissioner Erwin, however, view preservation must be within reason. His biggest concern is Mr. Perry because it looks like his view will be lost. Commissioner Schlehuber can accept the project as long as the adjacent development has the approval of the Planning Director. Commissioner Hall requested the City Attorney to comment on how far the City can go to protect views. Ron Ball, Assistant City Attorney, replied that since there is no view ordinance, whatever reasonable conditions are imposed on the project will control the view. The City does not have a crystal ball and cannot guarantee a person's view. Commissioner Hall inquired how disputes regarding the view would be handled. Ron Ball replied that disputes between property owners are not mediated by the City. It appears that the developer is working very hard to preserve the views but when it comes down to it, the City cannot protect the views. ! MINUTES CORRECTED December 19, 1990 PLANNING COMMISSION . Page lo COMMISSIONERS \ Commissioner Hall referred to the emergency gate on Daisy Avenue and stated that he does not like crash gates or barriers on roads. Commissioner Holmes complimented Aviara on their efforts to make their development blend with the surrounding neighborhood. He will support the project. Commissioner Marcus can support it but shares everyone's concern regarding the views. She thinks the "view" needs to be defined, for everybody's benefit. Commissioner Schlehuber thinks staff needs to be very careful on the view situation. He believes Mr. Perry is also entitled to a view. It is the City's prerogative whether the view must include whitewater. He, too, is against crash gates and cited a problem last year regarding a crash gate in Leucadia where a sick man ultimately died because paramedics could not reach him. Nevertheless, he will support the staff recommendation. Chairman Schramm has a problem with Areas 26 and 30. She thinks they need a Q overlay due to the conversion from multi-family to single family. She also thinks that Area 29 needs a Q overlay for the Ward and Perry views. Commissioner Schlehuber is not in favor of Q overlays. He feels that staff is aware of the problems and what needs to be done to remedy them. Commissioner Schlehuber thinks that Q overlays turn the Planning Commissioners into plan checkers. Commissioner Hall requested staff comment regarding the Q overlay. Robert Green, Principal Planner, replied that placement of a Q overlay is the prerogative of the Planning Commission. Gary Wayne, Assistant Planning Director, stated that the need to preserve the views has been well documented and will provide guidance to staff. The Q overlay is used to address some special concern so that the planning process can ensure compatibility. Unless there are special circumstances, he would not recommend a Q overlay. Commissioner Hall commented that until there is an ordinance on views, he would not like to be put in the position of approving views. He thinks this should be handled between property owners. Commissioner Marcus agrees with Commissioner Hall. She thinks staff should be the plan checker rather than the Planning Commission. Commissioner Holmes does not think the Planning Commission should get into this situation. Commissioner Erwin feels the Master Plan is very clear because it states that the views will be protected. However, he feels it should be understood that there will be trees planted and nobody can protect a view against a tree which gets tall and blocks it. MINUTES CORRECTED December 19, 1990 PLANNING COMMISSION , Page l1 COMMISSIONERS \\ Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3150 recommending approval of the Mitigated Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution Nos. 3151, 3152, 3153, and 3154 recommending approval of MP-177(B)/LCPA 90-5/CT 89-37/HDP 90-2, based on the findings and subj.ect to the conditions contained therein, including the revised conditions contained in staff memos dated December 19, 1990. DISCUSSION ITEMS: 7) RESOLUTION OF INTENTION 185 - Resolution of Intention to consider amending Section 21.41.070 of Title 21 of the Carlsbad Municipal Code to update regulations on real estate signs in accordance with recent State of California legislation. Gary Wayne, Assistant Planning Director, reviewed the background of the request and stated that this Resolution of Intention is needed to make the City's sign ordinance consistent with the recent amendments to the California Civil Code relating to real property for sale signs. The Resolution of Intention will then permit staff to process a Zone Code Amendment. Commissioner Erwin inquired if it is mandatory that Carlsbad follow the state law regarding signage. Ron Ball, Assistant City Attorney, replied that City may not pass laws which are in conflict with the Civil Code. Commissioner Schlehuber requested that staff investigate whether a ZCA is actually needed and report back to the Commission if and when the ZCA comes forward. Motion was duly made, seconded, and carried to adopt Resolution of Intention 185 to consider amending Title 21 of the Carlsbad Municipal Code based upon the information contained in this report. ADDED ITEMS AND REPORTS: Chairman Schramm announced that nominations were open for the positions of Chairman and Vice-Chairman for the ensuing year. Motion was duly made, seconded, and carried to elect Commissioner Robert Holmes as Chairman for the year 1991. Motion was duly made, seconded, and carried to elect Commissioner Tom Erwin as Vice-Chairman for the year 1991. Chairman-elect Holmes requested Commissioners to contact Anita in the Planning Department if they wished to change their times for pre-Commission meetings. Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm / I l ,fi ?, MINUTES - CORRECTED December 19, 1990 PLANNING COMMISSION Pa@= 12 COMMISSIONERS ADJOURNMENT: By proper motion, the meeting of December 19, 1990 was adjourned at 8:58 p.m. Respectfully submitted, Planning Director BETTY BUCKNER Minutes Clerk Erwin Hall Holmes Marcus Schlehuber Schramm . . VIEW FROM WARD RESIDENCE TO BATIQUITOS LAGOON LIST OF ATTACHMENTS A. Photpgraph of View from Ward Residence to Batiguitos Lagoon B. Horizontal Viewing Angle from Ward Residence to Batiquitos Lagoon C. Cross-Section from Ward Residence to to'Batiguitos Lagoon CINDY WARD’S SOUTHERN BOUNDARY Attatchment A . . . . ;o * ‘1 ,> I a .o..- . \ /J, , ,\ * A \ .‘., / A a q v -- -I - e-w --- --- - I I I I I v/TO I 7- -ma! I , 1 ,‘, j \ 1 ! YL. I, I .I ‘, ‘\ II p) :) 1 I\ v y- ~I’,‘;*,.” ,,,, K,,‘L \ q,’ I ,, ‘;,‘;,,,;*,t \: \ I !‘\,,, ..-.^. I.. hii I \I ) I.’ ‘s ; ;‘ 1’ ,‘\, : : I ,. 6, \ ‘,i\ ( ‘i’, : :. i i\ , \ i Horizontal Viewing Angle of Batiquitos Lagoon from Ward Residence l’-100’ Source: PA 29 TM C.T. 90-35 c . 8 - 8 - 8 ‘04 E F B - I ‘\ 8 rn-* \ \ - 8 <o December 19, 1990 Tom & Cindy Ward 937 Begonia Court Carlsbad, CA 92009 Carlsbad Planning Commission 2075 Las Palmas Drive Carlsbad, CA 92009 RE: MP-177 AVIARA PHASE II Dear Commissioners: For the past eight years we have lived with a great deal of uneasiness concerning the potential impact that phase II of MP-177 could have on our property. Since development plans were first introduced, we have had a number of meetings with the developers of the property. We have also had several meetings with the planning and engineering departments to try to resolve issues that couldn’t be resolved in trying to work with the developers. Initially, the most outstanding concern Spinnaker Hill homeowners had was maintaining their existing views. In the early planning stages of the master plan, the developers agreed to preserve our views and a condition was incorporated and approved in MP-177, page 185 which states “Views from Spinnaker Hills to Batiquitos Lagoon shall be preserved” (see exhibit A). After carefully reviewing Hillman’s grading plans for phase II, it’s really disappointing to discover that views of Batiquitos Lagoon from homes on Begonia Court have not been adequately addressed. Currently, two homes (ours included) have views of the lagoon over- looking a small canyon as illustrated in exhibit “B.” The developer had previously agreed to leave this canyon in open space, acknowledging that they would literally have to build homes in a gutter to preserve views. I’d like to turn your attention to exhibit “C” which accurately illustrates the obstruction of the view-line by a single story home of 22 feet to the peak of the roof. This exhibit was drafted by qualified engineers that provided this to us for the Broccato project. As you can see, our view-line just clears the roof of the Broccato home, a 28.5’ two story at 118’grade elevation (total elevation 146.5 feet) by about 5 feet. Any structures built in the view-line over 152 feet in elevation will obstruct the lagoon view. A single story home of 22’ to the peak of the roof built on fill at 140’ elevation would exceed a total height of 162 feet. The building pad for this lot would need to be lowered a minimum of 10 feet to clear the view for a single story home and 17 feet for a two story home. Exhibits “D” and “E” show that a home would be placed right in the center of the view- line according to Hillman’s grading plans. We would like to request that the grade elevation be lowered a minimum of ten feet and that the lot be conditioned to a single story home. If the developer is unwilling to lower the elevation, we would like to have it eliminated as a buildable lot. TWO STORY HOMES BEHIND SINGLE STORY Another concern is the placement of a two story home facing directly into the back of our home. We have the only lot bordering planning area 29 that will have homes built behind us at a higher elevation than our own lot. Any two story homes that would face directly into the back of our single story would be a gross invasion of privacy. A single story would allow us, at best, to do some creative landscape screening to maintain some privacy. FENCING The master plan currently requires fencing and states: “Lots which are located adjacent to the northerly planning area boundary shall require a solid fence at the top of slope at the rear of the lots.” We agree that fencing should be a requirement. However, a solid fence at the top of the slope at the rear of the lots could potentially block views for many homeowners. Three foot fences already exist at the top of the slopes at the rear of the lots. This requirement needs clarification and perhaps some re-wording so as not to interfere with views. We thank you for your consideration and want you to know we’re counting on you to insure that the developer upholds his master plan agreements. Sincerely, Tom WaFd Cindy Ward ( PLANNING AREA 29: SINGLE FAMILY RESIDENTIAL DESCRIPTION: This 44.0 acre planning area located at the southwest entrance to Pacific Rim Country Club and Resort consists of single family residential homes. The neighborhood is located on the northeast side of Pacific Rim Drive and is bordered to the east by "N" Street. DEVELOPMENT STANDARDS: R-1-7500 All development in this planning area shall conform to the standards of the R-l- 7500 One Family Residential zone described in Chapter 21.10 of the Carlsbad Municipal code unless otherwise noted in this chapter. USE ALLOCATIONS: Maximum of 89 residential units (2.0 DU/AC). Private recreation facilities shall be allowed in conjunction with the residential units and are a requirement of the planning area. PERMITTED USES: Single family residential housing. SITE DEVELOPMHNT STANDARDS: Height: The maximum height in this planning area is 28 feet as defined by Section 21.04.065 of the Carlsbad Municipal Code. A variation in building heights is encouraged in this neighborhood. Lot Size: The minimum lot size shall be 7,500 square feet. The minimum lot width shall be 60 feet, except that lots fronting on knuckles or cul-de-sacs shall not be less than 40 feet wide. Setbacks: - The standard front yard setback shall be 20 feet. The minimum side yard setback shall be 6 feet. ~11 structures shall maintain a minimum setback of 30 feet from Pacific Rim Drive and 50 horizontal feet from the northern top of slope adjacent to the existing Spinnaker Hills development, and westerly boundaries on the planning area. ~11 other setbacks shall be per chapter 21.10 'of the Carlsbad Municipal Code. Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. SPECIAL DESIGN CRITERIA: Design: All community-wide design standards described in Section A of Chapter IV shall be ssnbodied in the architecture of this planning area. The following specific guidelines shall also be included for Planning Area 29. - 183 - l View8 from Spinnaker fills to htiquitos Lagoon shall be * As shown on the Special Design Criteria exhibit for this planning area, the identified natural slopes and eucalyptus tree groves shall be preserved and maintained as open space. l Strong architectural relief features shall be incorporated into structures visible from adjacent properties to the north, I-S, and Pacific Rim Drive. l Special attention shall bs given to the incorporation of the adjacent open space areas as amenities to this neighborhood. * No construction or construction related traffic from Planning Area 29 shall be permitted on Daisy Avenue. Temporary gates and signs prohibiting through traffic shall be installed at the current southern terminus of Daisy Avenue to the satisfaction of the City Engineer following any development approvals in this planning area. In addition, a sign prohibiting construction traffic shall also be placed at the western terminus of Daisy Avenue. These gates and signs shall not be removed until occupancy is granted for all units in Planning Area 29. Entry Treatment: A neighborhood entry way shall be located along Pacific Rim Drive. Fencing: Lots located along the Pacific Rim Drive and "N" Street frontage shall require a solid fence or wall. Lots which are located adjacent to the northerly planning area boundary shall require a solid fence at the top of slope at the rear of the lots. Lots which are adjacent to open space grove areas shall require an open fence at top of slope. A traffic noise study taken along Pacific Rim Drive shall be required to be submitted prior to Site Development Plan review. Landscape: * The dominant unifying landscape elements for this planning area shall be pre-selected street trees, common landscape areas and slopes planted prior to homeowner occupation. Individual homeowner landscapes shall vary. * Views to and from the lagoon, I-5, Spinnaker Hills and Pacific Rim Drive shall be preserved to the extent feasible. * .A landscaped buffer area between the northerly lots of the planning area and Spinnaker Hills to the north shall be maintained as a landscaped open space. * Strong architectural relief features shall be incorporated into structures visible from properties to the north, Pacific Rim Drive and I-5. -185- c. c cn 0 56 m m - / . ., -. - 1 I., ,-. r \ -7 i ,,:$;.y: I ’ i S.-k k L z. es i -..; ‘; f>: ‘. . ,m.a y ,;:‘.” “4 ’ ‘. +d ;’ /A %’ .e %t \ _* -I , \ \-’ -%& -- : . :Kw -2 :A _ ,.,,------q r’ I i _c .j .-’ ; ,1’ 4+ ( _ --- .- - _ .2* : ___---- ‘I _. -_ _~ _. _ MS _ _ _ -_ - --- _-- ,. -- -----.-.. ~_-- - - . ---\._-_ _-.-- d .!i .--- . ,-I I ‘. I I ,’ I 7-I-J 84’ ei Lb ,b \ 1 k Y b i I w. / 0, / I I ;u’ I ,, 1. : ; \ -8 :i / cl $ , ’ I _ 1, -4, I ii i \+ TR tQ% i. .$c a P ‘r L \5 : , . _ ‘_ cl /- i’ I l-j I ! -k ,r I . : f- - I< AMENDED PAGE 184 SHALL APPEAR AS: /l @ E Legend Key Map Entry Treatment d 0’ WaiUFmcing Trail Scenic Point Vbw Orlrntatlon Design Criteria - Planning Area 29 . Exhibit V- 30 AVIARA COMMUNITY MEETINGS 1989 February 9 February 13 March 13 March 27 April 3 October 5 October 6 October 12 December 1 December 6 camlas court calmas court Al Communities surrounding Aviara - Discuss school Seaport Spinnaker Seaport Citizens Advisory Committee Spinnaker Citizens Advisory Committee Daisy Avenue 1990 January 25 Poinsettia task force April 1s Ci+&ens Advisory Committee July 10 Batiquitos Lagoon Foundation - present Phase II Jdy 30 Harbor Point, Sea Cliff, Spinnaker Hill d4qllst 1 La$ Playas, Carlsbad Crest November 27 Sea Cliff November 28 Daisy Avenue r 2011 PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 F~x:(619)931-7950 &C~flLbk 12 /990 / C/9L L Lflf? , [‘A. q&x&s-+p 5-y ,_, _~~c,z-U----. I.M.--.-.- . ..-x-... _. M-m-.” I _--- _ ww.,.e.._.. L... - -.we-.a- __ __-_.-^_ _._..-“-_.- i__l_- iy..II111 f _ .--1. _ ._: ~. -T-- -_,’ ..__. __ .- .-... .-. . -. L. _ ._C, _ . . . - --is . . . . . -i .=... :, ._ .;, - . _ - .~ : ’ . . . ;- ..- . . . _. November 3, 1987 Mr. and Mrs. Al Sutton 7319 Lily Place Carlsbad , CA 92009 Dear Mr. and Mrs. Sutton: Thank you for your considerable interest and cooperation in providing me and my staff with your comments to improve our project and its compatibility with your property and the Spinnaker Hill community. The Pacific Rim Country Club and Resort Master Plan requires and is specifically conditioned that development of the Pacific Rim project be sensitive to the views from existing Spinnaker Hill residents. Hunt Properties, or subsequent developers, will incorporate a site sensitive design for the Pacific Rim Planning Area 29 which considers the preservation of ocean views from Spinnaker Hill. As you are aware, all site designs are, ultimately, reviewed and decided by the City of Carlsbad. However, it is our intent to design both grading schemes and eventual product type in our adjoining neighborhoods to consider your views’ protection to the greatest extent feasible. Again, I hope our engineering view drawing perspectives we provided and our professional staff’s time with you has given you adequate assurance of our intent and proposed plan. Thank you for your continuing cooperation and interest. Sincerely, Hunt Properties, Inc. L wi D. L. Clemens Vice President DLC/vks 7LCASll. 03 7707 El Camino Real l Carl&d, California 92008 l 619/436-0907 l Telecopier 619/436-6839 /vd. e- JYW / ,. -.