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HomeMy WebLinkAbout1973-06-26; Planning Commission; Minutest " -1 - r CITY OF CARLSBAD MEETING OF: CITY OF CARLSBAD PLANNING COMMISSION DATE : June 26, 1973 TIME : 7:30 P.M. PLACE : CITY COUNCIL CHAMBERS. ROLL CALL: Six Comnissioners were present, Commissioner Wrench was absent. Staff members preseRit were: D. A. Agatep, V. Biondo Michael Zander, Paul Williams, T. Flanagan & Harol d 61 arke. APPROVAL OF MINUTES: The minutes for the meeting of June 12, 19; were approved as corrected. WRITTEN COMMUNICATIONS: NONE ORAL COMMUNICATIONS: NONE I PUBLIC HEARINGS: (a) Continued: - Zone Code Amendment No. 48 - Request initiated by Planning Commission Resolution No. 90 to amend Title 21 of tht Municipal Code regarding FRONT YARD SETBACKS, Section 21.08.030, 21.10.030, and 21.12.030. It was suggested by the Planning Director that this item be placed at the end of the Pub1 ic Hearings. This was agreed to by the Planning Commissioners, and the item was placed at the end of the Public Hearings I (b) Continued: Case No. ZC-113 and SP-113 - Request for a Change of Zone and adoption of a Specific Plan (Zone Change from R-1 to RD-M), for M. S. HUMPHREYS, on property generally located at the southeast corner of intersection of Chestnut Avenue and Monroe St. A letter was received by the Planning Department from Mr. Nicholas C. Banche, representing Mr. Humphreys, requesting a continuance for a period of 30 days in order to complete some redesigning of certain aspects of the project. I (c) Continued: Case Nos. SP-115 and CT 73-8 - DOUGLASS- PACrFrC - Request for adoption of Specific Plan and Tentative Map for 350 units to be located on west side of El Camino Real between Chestnut Avenue and Kelly Drive (Planned-Community). Planning Director Donald Agatep gave the report for this project, covering areas of open-space, slopes used. He explained if there were any questions from the Comnissioners on this roject, rather than continue the item the Commission could (1 ! approve the project based on the recommendations of staff and the conditions in staff report, or (2) can adopt the proposal in concept but send back to staff to work out the open-space element as it should be. Mr. Agatep also stated that the issue of an agreement between the School District and the Developer has been presented and is outside our responsibility; but he felt the Developer has shown good faith. Present Absent Motion Ayes : Abstain Motion Ayes Motion Ayes \ COMMlSSiONERS 1: h X X "c c- CITY OF CARLSBAD -2- Comnissioner Jose questioned why there were no pools shown 6n the tentative map as had been initially bought by the Commission. The Developer was called upon to answer as the Public Hearing was opened at 7:50 P.M. Mr. Jerry Johnston, 267 Avenida Adobe, San Clemente, Project Director of Carlsbad Palisades, for Douglass Pacific, addressed. the Planning Commission. Mr. Johnston requested re1 ief from several of the conditions on the Specific Plan and Tentative Map, and informed the Commissioners there would be a total of six 20.X 40 pools with bathhouses in the project, there is 1 plus acre parcel to be used as park area on the loop street that will be landscaped and treed. He stated they did not know who would be buying the homes in this development but felt about 66% in their price range would be purchased by "empty nesters". Mr. Johnston stated that Mr. Fred Lance of the Carlsba School District would give him a letter stating he had submitted an agreement, and the amount involved regarding schools was in the area of $80,000.00. It was the consensus of some of the Commissioners that thi matter was too involved, and there were too many unanswered items in the staff report and maps for them to properly pass on the project tonight. The City Engineer explained the overlay problem and why Mr. Johnston was burdened with the expense, the need for a fully actuated traffic 1 ight due to generation of traffic from the shopping center on Temarack down to Pannonia development involving 4 lanes, and with one block being considered substandat: this street with 64 ft. right-of-way would not be able to handle the traffic from this project. There was considerable objection to the requirement from the City for an 84 ft. right of way, stating if this was kept as a requirement the City would have to start condemnation proceedings against two residents. Mr. Johnston spoke again explaining the building/timing of the proposed six phases of the development. He stated there is better than the required 66 2/3% open space which is visual open space, not all useable. Baptain L. W. Rash, 4156 Highland Drive, Carlsbad spoke in opposition to this project stating he was against the idea of an 84 ft. street going into a 50 ft. right of way. He felt the General Plan should be set aside because we don't have a right of way of 120 ft. City Attorney, V. Biondo advised the Comnissioners it was his feeling they should have a revised Tentative Map showing all of the items to be approved for this project, and not guess at what they could not see on the map that had been presented. He stated he felt they should be able to see just exactly what they were approving, and the final approved version of the tentative map would be kept in the planning files. Commissioners asked Staff if the items of concern could be corrected within 2 weeks to bring back before the Commission. Staff inquired of Mr. Johnston if he felt they could work out these items and Mr. Johnston stated they could get a revised map drawn showing the 84 ft. dedication all the way to Skyline, and beready to present to the Commission by July 10, 1973 meeting He requested two meetings with staff before submitting the revise maps and Planning Director advised him to call the office in the A.M. to set up the appointment. Motion was made that Specific Plan 115 and Carlsbad Tract 73-8 should be continued to July 10, 1973 to allow time for a final revised tentative map to be prepared. \\ COMMISSIONERS c . Motion Ayes COMMlSSlONERS h CITY OF -3 - CARLSBAD (d) Continued: Case Nos. Specific Plan 114, CT 73-11 - Plan had Tentative Map for JOHN D. LUSK & SON, on property genera located north and south sides of Poinsettia Lane between Carlsbad Blvd. and A.T. & S.F. railroad right of way. (P-C, Planned Community) . Request for a Change of Zone and Adoption of a Speciftc Michael Zander, Assistant Planner, gave the request by ;staff for a continuance to allow additional time for applican to make minor revisions to their map, and more time for staff to review these revisions. Motion was made to continue this item to the regular Planning Commission meeting of July 10, 1973. (e) Continued: CASE NOS: ZC-115 and SP-118 - W. D. CANNON: Request for a change of zone and adoption of a specific plan for 49 d.u. on property generally located southerly of Cannon Road, approximately 50 ft. easterly of the intersection of El Arbol and Cannon Road. (Zone Chg. fm R-1 to R-3 requested) Staff report was given by Associate Planner Paul Williams as to total project, E.I.R. requirements, zoning, and the recommendation of the staff for Denial, stating alternate action that could be taken. Report on Specific Plan was also given whic receimended denial, with alternatives. Comnissioner Jose questioned Condition #9 and stated the condition should read 'I . . . . .Said surfacing and marking stiall be completed prior to final inspection of the structure or structures by the Building Department. The surface shall be kept in a reasonably good state of repair at all times, at the expense of the Homeowners Association. . . . . .. .'I. The Public Hearing was opened and Mr. W. D. Cannon, P.O. Box 532, Carlsbad, spoke to the Commission with a brief descripti of his project, stating he had been working with staff for about six months. He rejected the idea of denial with the a1 ternative being a zone change to P-C with 39 d.u./acre, and stated it was not economically feasible for him to only have 39 d.u./acre. Mr. Barry Sanders, 5310 El Arbol Drive, Carlsbad spoke in favor of Mr. Cannon's project stating he did not want MP. Cannon to fill in the lake or put axb&4n'3fnk fence ,around thd development. He wants the lake to be kept open to the pub1 ic. Mr. John Sonneborne/also spoke in favor of Mr. Cannon's 3985 Stella Maris Lane, Carlsbad, project. He stated that this property consisted of about 4 acres of ground and 2-1/2 acres of water, and he could see no other .use for this property. He admitted he was the originator of the idea for the 2 bedroom project for adults, and felt there was a validity to the idea as a whole. The Public Hearing was closed and the Planning Director explained the specific plan as it applies to zening , as a controlling device. He suggested the commission continue this item for 2 weeks to find out if the specific plan was appropriate get rezoned P-C and work with staff. Mr. Cannon was not agreeabl to this so1ution;againstating that 39 d.u./acre just was not economically feasible. Planning Commissioners suggested the applicant try to Motion was made to deny this request for a zone change and specific plan for the reasons outlined in the staff report. Y Motion Ayes Motion Ayes Noes : CITY OF CARLSBAD -4- (f) CASE NO. C.U.P. NO. 86 - J. M. GAISER: Request for con- sideration of Conditional Use Permit to allow temporary use of a mobile home as a commercial office, on Lots 23, 24, 25, 26, 27 of Block 34, and generally located at 2965 Roosevel t St. between Elm Avenue and Grand (C-2). Michael Zander gave the staff report discussing the proje zoning, environmental impacts and recommendation of staff for approval. Public Hearing was opened and Mr. Jack Kubota, P.0.Box 1095, Carlsbad spoke in favor of the project stating they have done nothing toward expanding the building until they find out what the Planning Commission plans to do on this request. He stated the modular office would only be used on an interim basis until the office is complete. No one else wished to speak and the Public Hearing was closed, with no further questions from the Commission. Motion was made to adopt a Resolution approving the request for Conditional Use Permit #85 for the reasons outlined md subject to the conditions 1L5 in referenced staff report. ................................. Recess was called at 9:48 P.M., at which time Comnissioner Dominguez had to leave the meeting for a previously scheduled engagement. Commissioner Jose continued the meeting as Chairman Pro Tempore. The meeting resumed at 10:05 P.M. (9) CASE NO. C.U.P. #80 - J. AND A. AMOS: Request for con- sideration of a C.U.P. to permit the establishmast of a church facility to be located generally at 1238 Oak Avenue between Highland Drive and Pi0 Pic0 Drive (zoned R-1) Paul Williams gave the staff report. Public Hearing was opened and Mr. W. Burford, representing J. & A. Amos, advised the Commission they felt due to numerous questions involved they would need more time to respond to the staff report. He stated his firm was presently involved iwcourt cases and needed additional time to devote to this request. He requested a 45 day extension of time. MotrOon Chaplin of 1264 Oak St., Carlsbad stated he was there to speak about this request as a citizen, and felt the Planning Commission had granted enough time for the applicant to be heard tonight. Public Hearing was closed and the Planning Commissioners made a motion to continue the request for C.U.P.#80 until the regular meeting of the Commission to be held on August 14, 1973. (h) CASE NO. EIS 168, SP-122 and CT 73-24 - COVINGTON BROTHERS/ ICCIDENTAL PETROLEUM; - Request for acceptance of EIR, adoption If a specific plan and consideration of a tentative map for 300 unit townhouses, to be constructed at the southeast corner If the intersection of Poinsettia Lane and 1-5 (P-C). Staff Report was given by Paul Williams, and Commissioner lose inquired where the second entrance to the development would )e. Mr. Williams stated that due to slope differences it would )e almost impossible to access from Lagoon Lane, and advised upor discussion with the Fire Chief, the Chief was not concerned COMMISSIONERS Motion Ayes Motion Ayes . CITY OF c -5- CARLSBAD about only having one access into the development. Commissioner Little advised he was thoroughly against this type of project with only one (1 ) access because of the fire hazards. Commissioner Casler stated she would like to see a more definitij statement pertaining driveways be given to developers, and Comnissioner Palmateer inquired as to the acreage involved in the project. Pub1 ic Hearing was opened and Mr. R@ehah!l Huffman, 10592 Orange Park Blvd., an officer with Covington Brothers, addressed the comnission stating that they had worked with staff on this and were doing all they could to meet the desires of the City staff. He briefly discussed the project and stated there is 72% open space in the project with 5.25 d.u./acre, with a 60 ft. roadway coming into the project which they feels is equal to 2 streets. He stated they have been putting alot of time and money into research regarding lake-oriented developments and would be providing a guard-gate security for the future resident! of this community. He stated, in answer to the question from Commissioner Jose, there would be ( out of 300 units) a total of 10% would be 4 bedrooms, 10% would be 2 bedrooms and the balance would be 3 bedrooms. Mr. Kaister, architect from San Clemente spoke regarding the percentages of bedrooms, depth and size of the lake and slope. Mr. Bob Jibbiden, land planner, 1322 East Diane St.,Anahe, spoke advising the Commission of the idea of using "Courts" with. the project with one driveway serving each 2 units. He stated e' one would have a view of either the lake or the ocean. Noone else wished to be heard and the public hearing das closed. Commissioner Palmateer stated he was impressed with the project and could see no objections as he felt the EfR was adequate and open-space was very good. standard school condition added to the conditions for this project . Commissioners Jose and Little stated they wanted the Motion was made to accept the EIR #168 as presented, lnsi th suppl ement. Motion was made to adopt a Paanning Commission Resolution approving Specific Plan #122 for reasons outlined in staff report, subject to conditions as amended, eliminating #19 and sdding the School Condition. Motion was made to adopt Planning Commission Resolution approving CT 73-24 for reasons outlined in staff report, subject to conditions as amended in said report. (i) CASE N0S:EIS-106, and Tentative Map CT 72-34: NEWPORT. SHORES BUILDERS - Request for acceptance of EIR and consideratiol of tentative map for 378 dwelling units to be generally located west of El Camino Real between A1 ga Road and Arena1 Road (R-1-75 (RD-M and C-1). Michael Zander read the staff request for continuance to Public Hearing was opened and Donald Dawson, South Bay July 24, 1973 to a1 low more time to evaluate .the proposal. rngineering, 304 Tejon Place, Palo Verde Estates, representing Ir. Ayres, informed the Planning Commission that he was in Igreement with this continuance. Motion was made to continue this item to the Planning Commission Meeting of July 24, 1973. 1 COMMISSIONERS Y- Motion Ayes :dd:x5 Motion Ayes Noes Motion Ayes Noes '3 Yotion 4yes X xx X X .i .~ X X X x xx xx .- CITY OF -6- CARLSBAD (j) 6PA No. 11 5 - To consider an application submttted by RANCHO LA COSTA, A LIMITED PARTNERSHIP, Donald B. Ayes General Partner, in accordance wtth Tl'tle 21 of the Carlsbad Fluntci'pal Code, to amend the General P1 an, Land Use Portion, of tke Cl'ty of Carlsbad to change exl'sting residential estate low denstty (0-2 d.u./acre] residential low densl'ty (3-7 d.u.[acrej touri'st resort and neighborhood comnercial (more pait$culdply, outlined in Exhibit B on file in the Planning Department. Planning Director Agatep gave the report on this request and explained on map. Motion was made that this item be continued to an adjourned Commission meeting to be held on July 6, 1973 at 9:00 A.M. in the City Council Chambers. ................................ continued from 1st public hearing to last public was brought up again for discussion: FRONT YARD SETBACKS Planning Director Agatep stated that this item had been discussed at previous meetings and suggested that it be tabled until the City gets to the Design Portion of the revised General Plan. Motion was made to table ZCA #48 until design portion of General P1 an was completed. """""""""""""""""""""""""""""""- UNFINISHED BUSINESS: 7(e) REPORT- POLICE DEPARTMENT ANTENNA: to be located. at the Ell( Reservoir Site, northwest quadrant of intersection of El Camino Real and Chestnut Avenue. Michael Zander gave brief report explaining all the Commissioners were commited to do at this meeting was to decide if this project met with the requirements of the General Plan. He stated they would be hearing a request for a Conditional Use Permit at a later date, for this project. Motion was made that they adopt a Planning Commission Resolution stating this project is Sn conformance with the General Plan. LATE ITEMS: (a) The Planning Director advised the Comnissioner that the Ciitical Planning Issues had been presented to the City Council and were included in the Commissioner's packets for their further pursual and comments. """""""-"""""""""""""""""""""""" (b) Comnissioner Little requested of the Planning Department staff that they would like to have a graph relative tc capacities at the Encina Plant that they could use in their judging of approval or denial for projects; one that would show capacity used, unit vs. load and potential. He again stated.the need to remind staff that as Comnissioners, with the need to know a1 1 pertinent details of a project, he felt the Commissioners needed to have more details if they as the' judging body were to efficiently approve or deny projects before them. COMMISSIONERS Motion Ayes Motion Ayes I Motion Ayes - CITY OF -7- CMLSBAD (c) Commissioner Jose reminded the rest of the Planning Commissioners of the League Meeting to be held October 21-24th. He recommended a1 1 those that could to attend as he feels it is a very worthwhile meeting. """-"""""""""""""""""""""""""""" ADJOURNMENT: By proper motion, the Cllann adjourned at 11:50 P.M. to the day A.M. in the City Council Chambers. ing Comm of July ission meeting was 6, 1973 at 9:00 """"""""""""""~"""""""--"----------------- Respectfully submitted, Dotty Klingman, Recording Secretary COMMISSIONERS lotion lye s . 4