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HomeMy WebLinkAbout1983-02-09; Design Review Board; MinutesMINUTES Meeting of: DESIGN REVIEW BOARD Time of Meeting 5:30 p.m. Date of Meeting : February 9, 1983 Place of Meeting: City Council Chambers CALL TO ORDER: The meeting was called to order at 5:33 p.m. by Chairperso: Marcus. ROLL CALL: Present: Chairperson Marcus, Vice-chairman Rombotis Members McCoy and Holmes. Commissioner Schlehuber arrived at 5:38 p.1 Absent: None. Staff Members Present: Chris Salomone, Community Redevelopment Manager Charles Grim, Principal Planner Dan Hentschke, Assistant City Attorney PLEDGE OF ALLEGIANCE was led by Chairperson Marcus. NEW -PUBLIC HEARINGS: 1. FP-82-9 - SKONDROYIANNIS - Application to remodel a vacant building and change the use into a coffee shop/restaurant at 2943 State Street. Chris Salomone used a transparency to show the site location and wall maps showing the facade treatment and landscaping. The parking requirements were met without any on-street credit having to be used. When the other parking lots in that area are marked, this area will be striped, with the owner striping the east side of the driveway. This is the type of use encouraged in this area and will create pedestrian traffic. Chairperson Marcus opened the public hearing at 5:38 p.m. and issued tk invitation to speak. Robert Nielsen, 3460 Charter Oak Drive, Carlsbad, addresse the Board. Board Member Rombotis had asked what material was going to be used on the outside of the building, and Mr. Nielsen answered it would be in rough-sawn with a tan and dark brown color. He felt the project was an excellen one combining a coffee shop and a restaurant and should draw people downtown. Since no one else wished to speak on this matter, the public testimony was concluded at 5:40 p.m. Board Member Holmes stated this was a very good addition to the village area. The following Resolution was adopted: RESOLUTION NO. 012, APPROVING A REQUEST FOR A USE PERMIT TO ALLOW A COFFEE SHOP/RESTAURANT AT 2943 STATE STREET. MEMBERS \ Marcus Rombo ti s Schlehuber McCoy Ho he s MINUTES DESIGN REVIEW BOARD February 9, 1983 Page 2 NEW PUBLIC HEARINGS (Continued) 2. RP/CUP 82-11 - BAKER BURGER DRIVE-THRU - Request for approval of a Redevelopment Permit to remodel and enlarge the existing drive-thru restaurant on the east side of Harding Street, north of Elm Avenue. Chris Salomone used wall maps to show the site location and the remodeling proposed. This store is becoming a company store under the name of "Sunnys", a firm out of San Bernandino. sit-down area inside and some outdoor area for eating. They want to retain the drive-thru, and that was the only concern staff had, as they did not like the movement into the alley. However, this had existed for years with that movement and it would be difficult to change at this time. The proposed addition will provide a Charles Grim used a transparency to show the parking configuration, and the applicant has agreed to these changes. Staff hopes this is the type of spontaneous redevelopment that will be obtained in that area. Board Member McCoy asked if the parking spaces were nine feet instead of eight feet and Chris Salomone answered they were, which they felt was another plus for this plan. Chairperson Marcus opened the public hearing at 5:46 p.m. and issued the invitation to speak. Harold Clarke, 824 Caminito Del Reposo, Carlsbad, addressec the Board, with a question regarding the landscaping, alon: the alley and the front of the restaurant. He commented that some of the places in Carlsbad have allowed the landscaping to fall into neglect and he wondered if this problem had been addressed. Chris Salomone answered that one of the conditions of a conditional use permit was that he submitted a landscaping plan and it was approved by the Park Planner and it must be maintained and kept trash- free during the five years of the CUP. If it is not, a hearing could be held and the CUP could be revoked. Mr. Clarke stated that sounded very good to him. Since no one else wished to speak on this matter, the public testimony was concluded at 5:47 p.m. Board Member McCoy questioned the use of the word "necessa. in the Resolution on page two and felt it would be all right to say desirable and omit the "necessary". The following Resolution was adopted: RESOLUTION NO. 011, RECOMMENDING APPROVAL OF A DRIVE-THRU RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HARDING STREET, NORTH OF ELM AVENUE, AS AMENDED. 3. ZCA-160 - CITY OF CARLSBAD - Amendments to Chapter 21.35, Village Redevelopment Zone, making minor procedural changes. MEMBERS \ 11 Marcus Rombotis Schle huber McCoy Holmes MINUTES DESIGN REVIEW BOARD February 9, 1983 Page 3 NEW PUBLIC HEARINGS (Continued) Chris Salomone gave the staff report on this item, stating these changes were found necessary after three months of using the Ordinance as it was originally passed. These changes will help speed up the process and relieve some of the cumbersome problems the Ordinance has caused. These changes are described in detail in the staff report. The staff reminded the Board that a major project denied by the Design Review Board is denied; a major project approved by the Board will still go to the City Council for approval. Chairperson Marcus opened the public testimony at 5:55 p.m and since no one wished to speak on the matter, the public testimony was concluded. Board Member Schlehuber stated he felt this was a good change and staff should be given more authority to handle some of the minor problems so they don't all come before the Board. He added that the time could come when the Design Review Board would not have time to consider all the problems and at that time staff should be able to handle those problems, unless the applicant appeals from that decision. Board Member McCoy asked what was meant by "interested party", and the Assistant City Attorney stated that basically that meant anybody who might be affected by the project. Board Member McCoy asked if that had to be some- body affected by the project, and Board Member Schlehuber answered that could be a citizen in Carlsbad, and Board Member McCoy added they had a lot of trouble with the Coastal Commission. There, anyone off of the street could object and they didn't have to own anything. The Assistan City Attorney stated the way to limit the interested party is if the person is not affected by the project and they did not appear at the hearing, then they are deemed not to be interested. If, on the other hand, the person was not directly affected by the project, but did come to the hearing and made statements, they would be an interested party for the purposes of appeal. It is a broad definitio and is determined on a case by case basis. Board Member McCoy asked if there were a way to put a definition in the Ordinance, and the Assistant City Attorney answered that the definition would be longer than the Ordinance. Board Member McCoy said he was not satisfied with the "interested party" phrase, inasmuch as people had objected to decisions of the Coastal Commission just to stall the item and had no interest in the property at all. Those people were able to stall matters for six months to a year It could happen here, and the only way to prevent that wou be to strengthen that phrase. The Assistant City Attorney said there had been good success so far with that phrase here, but if it became a problem, the people who could appeal could be limited. Generally, if you didn't have a direct interest and didn't come to the initial hearing, you didn't have a right to appeal. For example, if a per son from Oceans ide objected to an adul t entertainment use going in Carlsbad, but didn't come to the Design Review Board hearing, he would not be an interested party for purposes of appeal. Board Member McCoy stated he wanted these cormnents to be in the Minutes, as he wanted to save them MINUTES DESIGN REVIEW BOARD February 9, 1983 Page 4 MEMBERS ' NEW PUBLIC HEARINGS (Continued) The Assistant City Attorney requested a wording change in the Ordinance under Section 21.35.100, lines 18, 18% and 19 to read: Such resolution shall state among other things the facts and reasons why the Board finds the approval, conditional approval or denial to be consistent with the purpose of this chapter ... The following Resolution was adopted: RESOLUTION NO. 013, RECOMMENDING APPROVAL OF ZONE CODE AMEN'IMENT, AMENDING TITLE 21, CHAPTER 21.35 (VR ZONE), SECTIONS 21.35.80, 21.35.100 AND 21.35.110, OF THE CARLSBAD MUNICIPAL CODE TO MAKE MINOR PROCEDURAL CHANGES TO THE REDEVELOPMENT PERMIT PROCESS, AS AMENDED ON PAGE ONE OF THE ORDINANCE, LINES 18, 18% and 19. INFORMATION ITEM: 4. BUSINESS LICENSES - A list of new business license applications received in the last 30 days for the Redevelopment Area was provided the Members of the Board. APPROVAL OF MINUTES: The Minutes of the January 12, 1983, meeting were approved as presented. OFF-AGENDA ITEMS : Board Member Rombotis requested s taf f to provide a monthly progress report on items that have gone forward to the City Council, to give the Design Review Board some idea of what the Council does with those items. Chris Salomone asked permission to ask a question of the Board Members. He wanted to know if the Board preferred getting their packets on Wednesday, as they are doing now, or would they want them on Friday, when the Planning Commission packets are distributed. The Board Members were all happy with the present arrangement and it was agreed they would receive their packets on Wednesday. Chris Salomone advised the Board that as a result of having adopted the Redevelopment Plan, the first payment from the County was 40 percent higher than they had ant icipa ted . ADJOURNMENT : By proper motion, the meeting was adjourned at 6:07 p.m. Respectfully submitted, CHRIS SALOMONE Communi ty Redeve lopmen t Manager Harriett Babbitt, Minutes Clerk MEETINGS ARE ALSO TAPED AND KEPT ON FILE UNTIL APPROVED. Marcus Rombotis Sch le huber McCoy Holmes Marcus Rombotis Schlehuber McCoy Holmes \