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HomeMy WebLinkAbout1973-08-14; Planning Commission; Minutes1 - / I. 't . " /* . CITY OF MEETING OF: PLANNING COMMI I- CARLSBAD SSION DATE : TIME: PLACE: August 14, 1973 7:30 P.M. CITY COUNCIL CHAMBERS I ~ ~ CALL TO ORDER: ROLL.CALL: All Commissioners Present. APPROVAL OF MINUTES: The minutes for the regular meeting of July 24, 1973 will be present for approval at the next regular meeting ~ WRITTEN COMMUNICATION: Secretary Agatep .reporte.d I a letter directed to City Manaqer frank I i Lilley~would be discusse'b 1.ater in the meeting . j ORAL COMMUNICATION: Commissioner Little moved for no public hearings to begin after 11 P.M. - The motion failed. ~ PUBLIC HEARINGS: 1 (a) Continued - CASE NOS SP-114 and CT 73-1T - Reque for 390 d.units - JOHN D. LUSK & SON - Portion o Section 29 - North and South sides of Poinsettia Lane between Carlsb.ad Rlvd. qnd A.T.&. S. F.R.R. right-of-way; P-C (Planned Community) 1 for Adop.tion of Specific Plan and Tentative Map ........................... Mr. Williams made the Staff report. He disucssed the application for a Specific Plan and Tentative Map for 390 units on some 36.7 acres of ,land. .He advised,.fhat a deed had been received by the City for 3.77 acres to be used for open space,snd that Staff was recom- mending approval of the subject applications, subject to the conditions outlined in their report. There were questions by the Commission re: the amount of open space and the percentage required.. The City Attorney advised that Ordinance requirements had been met by the applicant. Staff further advised that it was felt that the applicant had gone beyond the Ordi- nance requirements by making provisions for improve- ments that were not required. Reference was also mad to the timing on the.proposed Poinsettia Bridge. Mr. Don Stephenson, representative of Lusk Homes, ad- vised the Commission that the figures with regard to percentage of open space for the project were not en- tirely correct as they had been presented in Staff's report. A motiori was:then made,-baSed-on thls information, fo contin.uance of this item to h .later meeting. Mr. Bill Lusk, Owner Lusk Homes, requested that the hearing be continued no later than the date of the next regular meeting and that he concurred that oDen space. figures should be clarified. The motion was changed for continuance to the meetinq of August 28, 1973. ec S': f e lr I COMMISSIONERS PRESENT MOT I ON MOT1 ON MOT I ON AYES 'NOES \ n X '. CITY OF CARLSBAD (b) Continued - CASE NO. CUP-80 - Request for Con- sidera'tion of Conditional Use Permit to allow establishment of a Church Facility - W.BURFORl7 for J. AMOS- AND A. AMOS - Portion Tract 119, Carlsbad Lands - 1238 Oak Avenue between Highlanc Drive and Pi0 Pic0 Drive; R-1 (Single Family) """"""""""""""""""""""""""- Mr. Williams gave the Staff report advisi'ng that the applicant was requesting a CUP to establish a Church. He advised that environmental requjrements had been met and that-Staff was recommending denial for the reasons that the site was not adequate in size for the use proposed, impossible to isolate proposed activitie from the adjacent residential area and non-conformance to that portion of General Plan referring to Instttu- tional uses. He further advised the Commission of . a petition in opposition to this request and a letter opposing this application had been submitted. Conditic of approval had also been included in the report for consideration of the Commission. The public hearing was opened after a short discussior of the proposed location by the Commission. Mr. William Burford, Atty, San Diego, representative of the applicant introduced Rev. John Amos, 4068 Park Drive, Carlsbad, who spoke briefly to the Commission regarding his application and the need for a Chunch. Mr. Burford then spoke at length on the application requesting that the Commission grant the CUP. He ad- vised that it was his feeling that a conflict of inter existed because a member of the planning staff residec near the proposed location of the Church and that thir did not permit the staff to make an unbiased decision, Chairman Dominguez then advised Mr. Burford that the Commission would give the application an unbiased de- cision. Mr. Burford discussed the application furthe] with information regard.ing the proposed future zonin! of the area and the fact that several residents in thc area who had signed the petition,which had been sub- mitted in opposition, had their property for sale as potential commercial property. It was again requested that the Commdssion give favorable consideration to the application. There was no one else present to speak in favor of thc application. Mr. Don Chap1 in, 1264 Oak Street, Carlsbad, protested the development of a church facility at this location because of the traffic that would be created and the street, conditions. He also questioned the size of thc congregation and the possibility- of its increase ... There was no one else to speak in opposition,to the application and the public hearing was closed at 8:40 P.M. Discussion followed by the Commission with particular concern for the extension of the Civic Center and whaj plans were at this time. Mr. Agatep discussed the Civic Center overlay and its boundaries; also, land uses that would be recommended for this area. He ad- vised that nothing had been formalized after the four month moritorium in the Civic Center area. st \ COMMl f S SIONERS .i \ 911 / ,. ., c CITY OF CARLSBAD There was further discussion regarding the over1a.v for the Civic Center and recommendation for this area in t current General Plan, al,so, if .there had .been any dis- cussion with the Consultants for the General Plan Re- vision with regard to this area. At this time Mr. Burford asked for clarification on tw points in the current General Plan, the R-1 Drovision for this area and if this was the'current ,recommendati * Commissioner Forman then moved for denial of the' appli cation for the reasons outlin ed in the Staff report. The motion carried. (c) .PIO;I PIC0 AND ELM AVENUE STUDY - Planning Depart. . I ........................... The report was made-by Mr. Agatep and considerable dis cussion followed. Special concern was expressed by th Commision that they had not been presented this report earl3er and most especially, piror to their denial of the previous application as they felt the report had a direct bearing on the area. Chairman Dominguez acknowledged receipt of the report and it was suggested by Commissioner Joserthat it shoa;ild 1: tkh subject of.one of the Commission's adjourned meeti It was then moved that this discussion take place at a later meeting. (d) Continued CASE NOS. ZC-121 and SP-126 - Request for a Change of Zone and Adoption of Specific Pla for a Commercial and Professional-Center - RORERT L. WATSON - Portion Lots 17-24 Block 86 and Porti Tract 11.5 - South side of Elm Avenue, between Pi0 Pic0 Drive and Highland Drive - From R-1-7501) (Single Family) and C-1 (Neiqhborhood Commercial) to C-2 )General Commercial) """"""""""""-""""""""""~"""" The Staff report was given by Mr. Zander. The report considered environmental impact requirements and dis- cussed the proposed zone change with a recommendation by Staff for approval. Further discussion was made or the request for adotpion of a Specific Plan for the pr fess,jonal.j'comm. complex and Staff recommended apDroval ~ Mr. Robert Watson advised the Commission that he was present to answer any questions they might have regard his application. The public hearing closed at 9:OO wfl out any public comment. Discussion by the Commission followed and it was thei decision that this was not an appropriate use of the property as it was not in conformance with the General Plan. A motion..was..made to..th.is: effect and .the..motion carried for denial of the zone change. . ~ -' " \' based on the conditions contained in their report. The request for adoption of a Specific Plan was tabled as plans were betsed1:er-i the approval--of Zone-Change. .. , Continued. - CASE NOS.' lC--122 .and'SP-t127 -. Requei;' I (e) for a Change of Zone and Adoption of Specific ala1 COMMISSIONERS MOTIOfl AYES NOES 5 sMCITION. AYES NOFS c MOTION AYE s. NOES . c Cl TY OF CARLSBAD for Professional Offices ana Retail Commercial Property - THE MALONE COMPANY - Parcel ''A" on Pal Map No. 716 City of CArlsljad - East of PiodPico I between Oak Street and Elm Avenue - From R-3 (Multiple Family Residential) to C-2 (General Commerc i a1 ) """"""""","""""""""""""""""~ Mr. Williams gave the Staff report. Environm.enta1 Iml considerations were discussed and it was the recomment tion of staff that the change of zone should be appro' The request for adoption of a Speiific Plan was recom mended to be approved as a compatible use to both the existing and potential activity of the area, and subj to the conditions outlined in their report. The Commission again discussed the need for completio of the Civic Center Overlay including the Pi0 Pic0 an Elm Study. There were also questions as to why the applicant did not request R-P .(Resfdential-Professio zoning instead of C-2. Mr. Bill Rick, Rick Engineering Co., 509 Elm Avenue, advised the Commission of his presence to answer any questions. The public.hearing cl.osed at 9:35 without public comment.. A short discussion by the -€ommission led to their de- cision that the proposed use was not in conformance w the General Plan and motion was made to deny the zone change. The Motion carried. The request for adoption of a Specific'Plan was table as plans were based on the approval of Zone Change. Chairman Dominguez called for a recess at"9:45 P.M.. All those present at the time of recess were again present when the meeting reconvened. (f) CASE NOS. EIS-147 and ZC -116 - Request for acce ance of Final E.I.R. and Chanqe of Zone for Resi "" - . dential Development - LA COSTA LAND COMPANY - (Northeast Annexation) - Portions Sections 19, 2 and 30 - North and South of Alga Road between El Fuerte Street and Rancho Santa Fe Road - From (County) A-3-8 to P-C (Planned C0mmunit.y) """"""""""""""""""""""""""- Mr. Zander'made the Staffreport on pre-annexational zone change and request for acceptance of Final E.1.R for that portion of original La Costa Annexation .whic was-excluded by LAFCO at the request of the City of San Marcos. The exclusion was made because a deter- mination had not been as to where the boundary line b tween the City of Carlsbad and the City of San Marcos should be. It has now been decided that everything east of Rancho Santa Fe Road would an-nex to San Marco Mr. Zaader advised that not all of the annexation was designated on the current General Plan and that P-C was the appropriate zone. He also advised that since no development plans were being presented at this tim that the total impact of the expected development cou not be properly assessed. S€aPf-was,-therefore, recom mending that each phase of development be evaluated at the time application is made. Staff's recommendat was for approval of the impact information,which had been submitted,as being adequate and meeting the re- rc - Dr, " da ve ec : n d n'a I it1 d Pt- 9, h e- S e in COMMISSIONERS MOT IONw AYES NOES X X CITY OF CARLSBAD quirements of the Environmental Protection Ordinance. It was Staff's recommendation that the request for Zon Change be approved as P-C zoning, without a Mast.Plan acts as a holding zone and would be consistent with t General Plan, giving the City maximum controls to insu later development is consistent with surrounding land uses. There were questions by the Commission regarding the sewer situation as the City of San Marcos had advised earlier that they were.reaching their capacity. At th time Mr. Flanagan, City Engineer, advibed the Commissi of an agreement in principle, with the City of San Mar to lease a portion of the Carlsbad Sewage Treatment capacity plant for their use, in the Meadowbrook area. Mr. R. Ladwig, Rick Engineering Co., 509 Elm Avenue, addressed the Commission regarding the meetings held with the two cities involved - re: schools, sewage; and also advising that no development would be taking place for at least a year. There was no one elset to speak in favor of tie appl i- cation. Mr. C. McKown, Meadowl.ark Ranch, addressed the Commiss at this time, advising ttiem that over one-hundred live in the area of the proposed annexation and they were all interested in any development program planned for that area. They were interested in retaining the rura atmosphere and would like-the Commission to take an active interest in the residents of the Meadowlark Ranch. There were several questions asked of Mr. McCow regarding the Ranch area. Mrs. A. Stewart Otto, Meadowlark Ranch, was concerned that they were included in the annexation (later deter mined they were not). Mrs. Bell, Meadowlark Ranch, was the former owner of t property to be annexed and offered to clarify location to the Commission and those present. Mrs. Margaret Johnson, MeadWlark Ranch, had questions regarding the future alignment. of Melrose and the boundary line at Rancho Santa Fe Road. There were no further comments from t-hose attending th public hearing and the public hearing closed at 10:30. Withou't further discussion, Commissioner Jose moved that the Final EIR be accepted as- presented and the motion carried. It was'then moved that the request for Zone Change be approved in accordance with Staff's comments. and the motion carried. (9) CASE NOS. SP-132 and CT 73-29 - Request for Adopt of Specific Plan and Considerafdonq86f Tentative Map (CT 73-29 Not Public Hearing) to allow a 255-lot subdivision - CARRILLO RANCHO PARTNERSHIP Portion Section 24 - North side of Unicornio St. between Ave. Del Paraiso and Chorlito Street - """"""""""""""""""""""""""- Mr. Zander advised prior to giving the Staff Report th .a Final E.I.R. was being considered (EIR-185) for this COMMISSIONERS S, n MOTION AYES ' NOES MOTION AYES NOES n \ DI K K ' CITY OF CARLSBAD 9 (6) project also (not on agenda). In making the report on the applications, Mr. Zander explained that this sub- division was part of the overall Master Plan for Ranch Carrillo and that the E.I.R. adequately covered the requirements of the Environmental Impact Ordinance, wi regard to this phase of development.' Staff recommende acceptance of the Final EIR. The Specific Plan was recommended to be adopted subject to the conditions ou l'ined in the Stiff's report, as was the Tentative Map. In the discussion between STaff and the Commission, special attention was given to the parks requirements and it was advised that a 10 acre site, designated Par K on the Carrillo Rancho Master Plan, was acceptab3e a was approved by the City. All dedicated land was to come-from this Parcel. The Commission was of the opin that the entire parcel should be granted to the City a once. The City Attorney advised that this could be mad a condition of the Specific Plan. There were further questions regarding the circulation element for this development, and schools - if any contact had been ma with the Kratter Development re: schools. Mr. Lyle Gabrielson-Engineer, Ponderosa Homes, the devdloper, addressed the Commission regarding the pro- posed development. There was no public cqmment and the public hearing was closed at 10:55. There was further discussion by the Commission re:soil tests report, zoning,and parks site (whether or not 10 acres was sufficient park area for the entire devel ment). At this time, Mr. Byron White, Atty. Carrillo Rancho Partnership-Owner, 2330 Fist Natl Bldg;, San Diego, requested permission to address the Commission regard granting the -City the entire 10 acres at this time. He advisedr,that only 100 of the entire 800+ acres was bei developed at this time. He explained that this could be very expensive for the ownership and that someone was still living on the Ranch and would continue to live there until the area surrounding the Ranchhouse was devel oped. Mr. C. Solozzo, Ponderosa Homes, segge$kdd:&o the Com- mission thatia meeting between applicant and Staff re: the Park site, be held. Mr. Agatep then advised that a continuance for twoawee would give time to resolve -the problem The City Attorney, when asked for an opinion, advised that there'was a problem in the wording of the condit as it related to parks sites. A Motion was made to continue the entipe application until August 28, 1973, for the purpose of resolving the parks problem (Cond. # 2 of the Tentative Map). The motion carried. (h) CASE NO. GPA-16 - Request for Amendment to Genera Plan to change existing residential densities to overall net density of 9.79 du/ac -MARVIN KRATTER portions of Sections 23,24,25,26, T-12-S, R-4-W, North of Alga Road, east of El Camino Real, West of Carrillo Ranch, and south of the Bressi Owners """"""""""""""""""""""""""- Mr. Zander gave the staff report. He explained that an amendment to the General Plan became necessary whe approval was qiven to the Master Plan (City Council Action) all the current - owi n Gen g- a higher density than 'that era1 Plan. He advised that t COMMISSIONERS MOTION. AYES NOES . P \ m X CITY OF CMLSBAD COMMISSIONERS (7) since the City is currently revising the General Plan and densities should not be exceeded without adequate justification prior to completion of the revi.sion. Mr. John Mamaux, 1393 Basswood Avenue, Carlsbad, appli- cants representative, addressed the Commfssion briefly regarding the rescinding of the schools per student fee by the RichMar School District and the circulation ele- ment for the project. There was a question at this time regarding what was being done on the circula.tion for the Kratter project. UNFINISHED BUSINESS: (a) Continued - CASE NO. 'CT 72-38 - Request for Consi deration of Tentative Map to allow a 51-unit cond -. minium complex - F.J. & SUZANNE BERR - (Seaview) Portion Block I & Block H, Palisades-easterly of Carlsbad Blvd, between Tamarack Avenue and Sequoi Avenue - RD-M (Residential Density-Mu.ltiple) -. to allow time for inclusion of conditions of approval. (EIR and Zone Change were approved earlier.) ,the appl i cant. There was no one present to speak- in favor of or i.n opposition to the application and the public hearing was closed at 12:05. 1 . CITY OF CARLSBAD COMMISSIONERS NEW BUSINESS: (a) CASE NO. CT 73-30 - Request for Consideration of Tentative Map to allow a 16-unit condominium de- velopment - LA..CASA.-:DE LA PLAYA - Lot l, Block ?, Palisades N-o. 2, north of juniper Avenue between Garfield St. and A.%.&.S.F.R.R. right-of-way - R-3 """"""""""""""""""""""""""", Mr. Williams made the Staff report on this application He advised that all-environmental requirements had bee1 me&landqlhat the proposed densities are in conformance with the Genenal Plan.He also advised that park-in-lie1 fees were recommended for this project due to size of the property, and that Staff was recommending approval subject to the conditions contaioed ~n their report. After a short discussion a motion was made for approva based on Staff's conditions. The motion carried. (b) INTRODUCTION TO OPEN SPACE/CONSERVATION GOALS AND POLICIES (A CITIZENS GUIDE) LAMPMAN ASSOCIATES ........................... The report on this phase of the revision to the Genera Plan was made by Mr. A.gatep. He advised that this was a preliminary report only and one that would be used b the City and all participating citizens working on the General Plan revision. He'also invited Commission inpu for incorporation into the final draft of this element (c) CANNON CONDOMINIUMS (City Council Action) Mr. Agatep advised the Commission of the action of the Council with -regard to the appeal of their decision to deny a zone change. Council action overru1in.g the den would require an amendment to the General'Plan and he advised the Commission that a Resolution of Intention was necessary at this time. Motion made to this effec carried. """"""""""""""""""""""""""" LATE ITEMS: At this time, Brooking Olds made a presentation to the Commission of their plans for their new car.agency in the Auto Plaza. Mr. R. Knauf, Atty. representing the applicant, addres the Commission concerning the plans aild reqwested appr Mr. T. Richardson, Builder, Oceanside, answered the Commission,'s questions regarding the display of the proposed auto agency. The Commission approved the plans submitted by Rr'ookin Olds by m,inute. motion. Mr. Agatep made a brief summary of adjourned meeting discussions and informed the Commission that the San D County Airport Meeting woudl be held at 9:00 A.M. on Tuesday, August 21, 1973. He also reminded them of th Environmee$al;Managemen% conference in Anaheim on Sept 1973. (Comms. Casler, Wrench and Jose to attend) Chairman Dominguez adjourned the meeting to a workshop to discuss policies on Friday, Aug. 24, 1973 in the City Council Chambers. The meeting adjourned at 12:30 RespectfulJy submitted , A& Liz Esgl , Recording Secretary MOT I ON AYES NOES 1 MOTION AYES NOES d al. MOTION AYES NOES 7,