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HomeMy WebLinkAbout1975-09-10; Planning Commission; MinutesCITY OF' GARLSBAD MEET I NG OF : CITY OF CARLSBAD PLANNING COMMISSION DATE : September 10, 1975 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS CALL 70 ORDER, The meefing Was called to order at 7:30.P.M. . .. ROLL CALL - A1 1 Present WRITTEN COMMUNICATIONS . None ORAL COMMUNICATIbNS None APPROVAL OF MINUTES The minutes of the August 27, 1975 Planning Comm were approved with the fol-lowing amendments: ission meeting Mr. Henry Thompson,' 330 Chestnut Avenue, Carlsbad, requested the following amendments be.made to the minutes regarding his testi- mony pertaining to Case #ErR-295, May Store: ' He .requested the minutes rhflect that he did not speak either fol or against the project, but that he wanted to express his concer! regarding the project. He further stated that he would like the minutes '(page 5, para. last sentence) changed, that he .did not state, 'I.. ..there was nothing objectionable in the document." He did state the follow i-ng 'I:. .that he did not .have the opportunity to fully .review the document and therefore could not state properTy his objections or 'comments. .. .I . .\ .... PUBLIC HEARINGS e Case No. EIR-295 - May Store Shopping Center Inc. - Continued request for Certification of an EIR for the addition of 450,000 sq.' ft. of retail 'shopping area to the existing Plaz'a Camino Re-a1 Shopping Center. Planning Director Donald Agatep gave 'staff .presentation 'and a brief sumnary of what transpired at the August 27,- 1975 meeting for the benefit of. the audience not present at that meeting, specifically discussing the traffic system (vehicles and pedestrians) .that surrounds the Plaza Camino Real. . Applicants' representative, 'John Mamaux, did not made a. p.resenta. tion but was present to answer any questions of the Commission or public. Fay Round, Vice Pfesident, Westec .Inc., 17632 Irvine, Tustin, spoke stating. that Westec Inc. prepared the EIR and that they were in basic agreement with the comments and additio.ns made' : by staff. He stated he would wa.it for public testimony prior to making .a final presentation and wou1.d be available for questic -. Mr. George Flanders, 3765 Yvette Way, Carlsbadi spoke on..the project stating his concerns relating to the Buena Vista Lagoon pertaining to siltation during grading of the shopping center. He stated he was concerned with the drainage, and what effect WOI run-off have on the lagoon and the duck feeding area. Mr. Round, Westec Inc., responded to Mr. Flanders concerns .-__ -" 1 / "~"-""" -:"".""- ,-.- "L.- .""."" "__ ""_ ".""". ...... "" ..". ___ ....._.."". ^".........._ """ ..."" "... "I" .... COMMISSIONERS Present Ayes .. .' I I ,I .. ,. X , .. I .. . .. . . CITY OF' CARLSBAD '. CO"lSSl0NERS . --vN"na 9 ~%T2~@.3 ? sy%\%G z 9 73 p o:J, Page 2 - .. * \\\kn statfng that as a result of their research, Westec I.nc. concluded that there would be no significant biological effect in the area . . which could be contri.buted to runroff or siltation. He further stated that the siltation would be control'led by siltation basins to enable any run-off to settle and be subsequently disposed. Henry Thompson, 330 Chestnut Avenue, Carlsbad, spoke on the pro- .. ject. He stated that the Buena Vista Lagoon was the only fresh water lagoon in Southern California. and the Hosp Grove and the Lagoon were valuable natural resources in the State of California and that the Buena Vista Creek and Lagoon all combine to make up a complex system that carries'life-giving fresh water to wild li He felt that the City should consult further with the California Department of Fish and Game regarding run-off and siltation of the Lagoon. He urged the Commission to take due, del iberate, expert testimony from every source possible before rendering their decision on this matter. Pub1 ic' Hearing was dlosed .- Commissioner L'Heureux pointed out that the purpose of the re- : quirements of an EIR was to require that any proposed development prepare an examination:of the project and discuss possible . environmental impacts and mitigating measures present. He stated he felt that. it was* not realistic to create an EIR that . could pinpoint all problems arising from any project. He felt . that a future Specifjx: Plan and a more detailed analysis of the project as. it develops would be needed and that the applicant, City and staff would be alerted by the EIR process so that coll ively-Ahey -oould look at problems that arise as the project deve and a report could be written on problems that need to be . further egplored. The EIR report should be addressed .to the major anticipated impacts and if necessary, at a later date, request supplemental information on EIR-295. He, felt it was not practical to "fine-tune" the EIR at this stage of .the pro- . ject. After'substantial discussion .among the'Commissioners., it was moved and unanimously approved to recommend to the City Council x x x x.x x Certification of- EIR-295. . .. - .. . .. *. Case No. ZC-161, 162, 163.- City Initiated - Continued'request ta apply Flood Plain (F-P) Overlay Zgne to 100 year flood areas: Plannin'g Commissioner L'Heureux stated for 'the record that he w abstaining from tH-is discussion for reason of conflict of intere Planning Director Donald Agatep gave staff presentation, ex- -plaining the memorandum of September 10, 1975 and the Federal Flood Insurance Program. Mr'. Agatep explained that under pro- vision of the Flood PTain Zone there is a choice as to whether to use the standard project flood plain limits or the 100 year flood .plain limits. Since. the Fed.era1 Insurance Administration . and the U.S. Corp'of Engineers use the 100 'year flood plain'limi . it was suggested tha$ .the Planning Commission recommend to the . City Council that for purposes of the flood plain rezoning pros. gram,. the 100 year flood plain limit, rather than the standard project flood plain limits (which are more restrictive), be used. .. After substantial discussion among'the Planning Commission, Public Hearing was opened. ------"--.~--".C.-".."""."--~~~ ..""" "" r------. -.--*- - .' ---.--*--- I* -. . - - -.- "" 2.- _...I. C. ."". I".-. e... -..- "._"..";.a "" -* CITY 0 F' CARLSBAD Page 3 - , Mr. Allen Kell.y, 4675 El Camino Real, Carlsbad, talked at. length on his views of fload plains, the involvement of the Federal . . Government in *private. property ownership' and their reauirements of the mandatory flood' insurance program. .- . Mr. Kelly also stated that althiuqh he has seen several over the past 40 years ,. caused by'heavy rains, etc. , he believe that the U.S. Corps of Engineer's Flood Plain L are accurate and that.they take in more areas than they floods does not should. imi ts Jane Skotnicki, 3684 Adam Street, Carl'sbad, expressed her views as to the danger-5 imposed by building in flood plains and flood ways. She stated that building in the flood plains and flood ways tend to create situations where we have to ask the federal government to build expensive dams and concrete chanels upstream. She feels that the flood plains and ways should be used to build such things as golf.courses, etc., 'so as not t'o endanger human lives and increase burdens on tax payers. After substantial discussion among the Commissioners; it was moved and approved to recommend to the City Council approval of the flood plain rezonings (ZC-161, 162, 163), with a further . recommendation that.the -100 year flood plain limits be used together with the two flood' plain ordinance amendments as re.- commended by the staff in their report dated September 19, 1975. Planning Comnissioner *Dr. JC Fikes abstained from voting as a protest to the continued encroachment'of the Federal Gov.ernment on local igsues. .. commissioner -Larson abstained due to the fact' that he did not sjt in'on the previous hearjng on this matter: .. Planning 'Director D.onald Agatee gave *stpff presentation. After substantial discussion among the Planning'Commission the public hearing was opened. . , Commissioner L'Heureux stated for the record that he'was at one time a member of the Boardaof Directors of the Community Cause and resigned March 26, 1974. and is no-longer affiliated with the; organization. Ed Gabrielson, rebresentative of San Diego Gas and Electric, ' Spoke stating that SDG&E supported the Planning Directors report and conclusion of the negative declaration. He answered question of the Planning Commission regarding tank capacity and how'this facility will, in part, store for the power plant in San Diego harbor . a. Joan Jackson, 11 20 Chinquapin, spoke on behalf of Community Cause, stating that San Diego Gas and.Electric has not complied with a1 1 the conditians stated i,n Ordinance 9279, adopt'ed 8-3-71 , especially in regard .to the-proposed park site. She appealed to' the Pl.anning Commission to reopen the Specific Plan to.resolve unanswered.questions relating to the conditions of Ordinance 9279 L;W. Rash, 4156 Highland Dr., Carlsbad expressed concern.as to where the dirt from this project was going to be dumped. He requested that the Commission recommend to the City Couneil that the initial appeal fee of $50.00, required of Community Cause, be forgiven. Gene Jackson, 1120 Chinquapin, spoke regardi,ng his views of the COMMISSIONERS Motion Ayes Abstain .. ". ""." .".""..- _... .. . ." 4 CITY 0 F' CARLSBAD Page 4 - . San Diego Gas.and Electric project relating to impacfs, in particular cumulative air quality effects, oil. spillage potentia . disposal of the excavated dirt, etc. He asked "would the prQjec, effect the quality of life in Carlsbad?" ' Henry Thompson, 330 Chestnut, Ca-rlsbad stated that he believed the oil spill potential for the project has been under-estimated He also pointed out the danger of an oil fire. Mr. Hassan, 5262 earls-bad Blvd. , offered his concern fqr the impacts. on increased tanker traffic and'oil spill potential. John McGill, 4340 Highland Dr., Carlsbad stated.he felt the City was being misled by the San Diego Gas and Electric. He also fee' that all the conditions of the Specific Plan Ordinance should be met. George Flanders; 3765 Yvette Way, .Carl sbad, stated he felt that 1 project should be viewed in conjunction with cumulat.ive effects of the entire Encina Power Plant. Bart Lefferdink, 4576 Cove Dr., Carlsbad, posed the question Of wherte are'.the Citizens of 'Carlsbad going to get their utility service if not for SDG&E, stating he felt we should take a certai amount- of risk if we are going to continue the standardsof livin we would like to live by. L.W. Rash - Highland .Dr., spoke again noting that there must be a better place to locate power plants and a better means of shipping fuels. .. Jane Skotnicki spoke stating that Carlsbad. has done it's share fo the rest of the Counti so far as providing necessary uiiil ity seryices. Sher noted that energy conservation, not expansion of generating facilities, was the solution. , .. .I . .I Ed Gabrielson stated again that he had not heard any -substantive statements regarding the environmental Significance of thelprojec He noted that SDG&E, to the best of their ability, have met .the conditions of'the Ordinance. He stated that administrative chans in the City had been responsfble for delaying the Park Agreement as .required in 0rd.i nance 9279. .. City Attorney Vince Biondo' interjected that the issue at ha-nd. was the environmental significance of the-Tank #7 project and not ttie requirements of Ordi nance 9279: , Mr. Hassan stated *that he feels we cannot control the. size of the tankers coming into the mooring area. He stated the mooring area was built to laccomodate smaller tankers and not the super tankers Public Hearing was closed. After substantial discussion among the Planning Commission it was moved -and approved to uphold the decision of the Planning . Director to issue the Negative Declaration for the reasons ouf- lined in the staff report. A minute motion was made and unanimously approved, directing staff to meet and confer with representatives. of the SDG&E and discuss .in depth the overall program of the SDG&E for immediate future plans of their project site as relates to the ehvironmenta.1 im- pact of the area/ and to the conditions as contained in Ordinance 9279 and report back to the Planning Commission at the October 15 1975 meeting. *. COMMISSJONERS .. otion Yes oes. ... ."..".".* -""""..- .... "', .. ;ITY 0 F' GAWLSBAD age 5 - It was also recommended that this matter be put on the Agenda for discussion at the Joint City Council/Planning Commission i. meeting-to be held September 30, 1975. ,- I- 1 I . Case No. SP-131-A.- Ponderosa Homes - Request to,amend SP-131 for time extenslon and change in Phasing. Assistant Planning Director Bud Plender gave staff presentation an explained graphics. He explained the reason for the request for extension and chan'ge in phasing of the -originally adopted Specific Plan (July, 1974). After discussion among the Planning Commission, ,Public Hearing was opened. Lyle Gabrielson, Rick Engineering, .Friars Road, San-Diego, stated he reviewed the conditions of the approval and concurred with . staff. He answered questions of t.he'Commission regarding type of residences being built {stated single family) and.phasing. I .* After substantial discussion it was moved and 'unanimously approved tb recommend to City Council approval of SP-131A with the follow- ing change to Condition,'#8 and the addition of Condition #9, as follows: 1 .. Condition #8 should-read: "A detailed landscape'and irrigation plan for all phases of the project, pr'epared by a landscape architect , shall. be submitted to the Parks and Recreati'on'Director and the City Engineer for consideration and approval prior'to approval of any building per-. mjt for any phase of the project. This requirement shall apply to all private park areas, open space areas, proposed meandering sidewalks and proposed entrance medians. Said plan shall also include the detailed .plans for the proposed recreation' facilities to.be installed in the private park areas. . .. Add Condition #9 to read: * "Street names'as.proposed in this tentative map are not approved. Street names shall be resubmitted to the Planning Director prior to the recordation. of the final map for each phase. .The street names shall conform to the City of Carlsbad street naming.pp1icy and' shall be named so as to ensure ease of pronunciation and .shql be named so as not to confl.ict.with other street names i'n the Cit of Carl $bad. 1 *. I dase No. CT 75-6, ZC-167, V-252 - La Costa Land Company - Request for subdivision to be resubdivided into 1ots.suitable for single family dwellings. Request for Change of Zone from RD-M to R-1-10,000 and a request for permission to apply Panhandle lot . configuration. Planner Allen Meacham gave staff presentation and explained a graphics. , Bob Ladwig, Rick Engineering, Carlsbad, stated he. had.reviewed * . * the staff report and concurred with staff recommendation< includ- ing deletion'of Condition #16 and rewording of Condition #18. George Flanders, 3765 Yvette Way, said he was concerned on. "who was going to maintain the Open Space portion of the project and if there was sufficient recreation room in the design of'the lots for children to play in the-ir yards. 1 I Public Hearing was closed. CO"ISSlONERS CITY 0 F' CARLSBAD Page 6 - P1 anning Di rec.tor D.on Agatep Open Space area connecting w . compl ex: After substantial discussion .to recommend to City Council i ng changes : .. explained the intention- of the ith other park areas .in th,e La Costa Delete Condition #16.. 'it was moved and unanimously approve1 appFova1 of CT 75-6-with the follow- Change wording of kondition'#18 as follbws: "An addi-tional lb't should be created 10' wide along the eastern boundary adjacent to lot 61, 60, 59, 58. Said lots sha.11 be show, on the final subdivision map and shall be offered for dedication to. the City for Open Space purposes concurrent with final map recordation. 'I Change the numerical. sequence of conditions. Revise Condition #23 to read: "CC&R's shall be required for CT 75-6. The CC&R's shall be sub- mitted to the City Attorney. for review and approval prior to, approval.of. the final map. The CC&R's shall contain provisions fc the.proper maintenance of drivate streets and/or roads, and. maintenance of the Open Space protions of lots 1 and 105 of CT .75-6. The maintenance provision for streets and open space shall be the ob1 igatim of the applicant or a Homeowners Association or their successors in interest. ?dd Condi tibn' #26 to read as follows: "A detailed landscape'and irrigation plan for all phases of the project, prepared. by a landscape architect, shall .be submitted to the Parks and Recreation Director and the City Engineer fo+ con- . sideration and approval prior to approval of any bulldi'ng permit for any phase of the project. ' This requirement shall apply, to al' private park areas,' open space .areas, pfoposed meandering side- walks and proposed entrance medians. Sa-id plan shall' also includf the detailed plaw for the proposed recreation facilities to be installed in the private park -areas." It .was moved and unanimously approved to approve ZC-167'as - recommended by staff- and subject to the conditions out1 ined by 'tht staff report. It was moved and unanimously approved to return V-252.to the Planning Staff to prepare the necessary documents of approval indicating facts and reasons for approval as outlined. in the staff report. .. *. * Case No. V-253 - Robert Synder - Request for approval of a Variance to permit- panhandle lots. . : Planner Aflen .Meacharw gave staff. presentation and explained the . graphics, stating staff's recommendation for. approval i .. Public hearing was opened. Robert Snyder, 2.4592 Overlake, El Two, California, .applicant, gal no presentation bot was available for questions of the Commission or public. CO"lSSlONERS Motion Ayes '+lotion !yes Ylotion' \yes I I . .I.. . CITY OF' CARLSBAD Page 7 - George Flanders, 3765 Yvette Way, stated concurrence with the Staff and expressed.approva1 of the project. . ' Pub1 ic Hearing was closed. . Af.ter substantial discussion, it- was moved and uganimously approv- ed to returh V-253 to t,he Planning Staff to prepare the necessary documents of approval, indicating facts and reasons for approval as outlined in the Planning Department Staff Report of 9-1U-75. Case No.. CT 72-34 - Newport Shore Builders (Rancho La Cuesta) - Request for Extension. Plpnning Director Donald Agatep gave staff presentation and stated staff's recommendation for approval of .the request for one year per conditions.outlined in the staff report. The- applicant was not present at the meeting. No one spoke for or against this project. After substantial discussion, it was moved and unanimously approved to deny extension .. of CT 72-34 for the following reasons: 1 ) The present map not +n conformance with the General Plan. . The map should be revised to incorporate the new conditions-, as stated in the staff report. 2) The necessary revisions are of a nature that a new tenta- tive subdivisionornap must be submitted to insure full staff; review and public input. DISCUSSION ITEMS Joint Planning Commis.sion/City Council meeting September -3b, 1975. It was decided by the Planning.Commission to include discudsion -of the SDG&E Specific Plan Ordinance and. immediate future pl-ans of their project.site as related to the environmental impact of the Carlsbad area. It.was also decided to discuss the matter of returning the .fee incurred with the fi.ling of the appeal ! .. . . i, .. , , -.. ADJOURNMENT The meeting was adjourned at 12: AM .. * *. .. _. 5 "-""-""-~"-."" -,l.""""_."_ __ -----.-~-~--" -."--.~-"~-~~.-~-.-""..".". ...".."". "-- ."._.,.... """" ~ ._....."._ "".._ ,.. """""". .-,