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HomeMy WebLinkAbout1976-05-26; Planning Commission; MinutesCITY OF CAkSBAD MEETING OF: PLANNING COMMISSION DATE: May 26, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Chairman L'Heureux advised the Commission that there. were a few changes in this staff report from prior re- ports, .thus the public hearing will be reopened. Assstant Planning Director Bud Plender. said' that all Commissioners were present tonight that had.heard prev- ious testimony regarding these cases and that Commissiol er Ne1 son had reviewed a1 1 files and would be el igi ble to vote. Mr. Plender also pointed out that on page 9 of the staff report that the last sentence is not correc in that it is illegal to carry park land over to future developments as the City currently does not have the mechanism to do this. Staff recommends that Finding 3(b) be added to read as follows: "The parks agreement has beensmet with the previous dedication of land for parks pur'poses. 'I Assistant Planner A1 1-en Meacham commented that there was one substantial chanae to the staff reDort and that was Condition Na. 8 had 6een added to both' the Specific Plan and Tract Map conditions. This conditi was added because of the Commission's interest in mai tenance of slopes. A1 1 other changes were cleric.al i nature. Bob L'adwig, Rick Engineering Company spoke on behalf La Costa Land Company and said that they agreed with - on n- n 0 f the revised staff report, the change re the parks, and asked.that the Commission approve their requests. There was then discussion between the applicant, staff and the Commission regarding Lot 115, and landscaping a1 irrigation for other lots not present1.y. cove,red under the conditions. . - A. motion was made recommending approval of SP-176 based on the recommendation and conditions of the staff repor. with the addition of Finding 3(b) as shown.above and that.Condition 7(a) read as follows: '!Cover those. slopes at the rear of Lots 1-6, 28-31, 48-65, 100-102, 115, 116 and the slope at the east side of Lot 41." A motion was. made recommending approval of CT 76-3 basec on the recommendation and conditions o.f the staff repor. with the same changes as those listed above for SP-176. CASE NO. ZC-176.;- L. BRUCE STALLARD (AGENT) - Request for change of zone from R-A-10,000, C-1 and P-M'to C-2. Assistant Planning Director Bud Plender gave the staff presentation stating that Z-C-176 would be heard first; and if approved with "Q" zone overlay, then SDP 76-1 would be heard next. Ir. Plender stated th'at the applicant had requested a one chang'e to C-2,. but staff recommends that the zone ih'ange be to Ct2-Q. The ."Q" Zone overlay would allow :he staff and Planning Commissio,n to review each pro- posed development in this zone prior to construction as there is currently a water and traffic,problem. The Land Use Element of the General Plan designates this area as' a Travel Service area (motels, service stations, restaurants, .etc.) and Traffic Dependent Commercial (hot dog stand, fruit stands, etc.). The City of Carlsbad does not have a zone specifica1,ly for Travel Service areas, but the C-2 zone does include' travel service uses, but staff is concerned that the C-21ZOni designatio? is extremely general and that thc ;enera1 Fyan designation- is -very limited. OTION YES MOTION AYES CITY OF CAFkSBAD MEETING OF: PLANNING COMMISSION TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS - DATE: May 26, 1976 . The Planning,Commission then discusged at great length what control they would have over what types of commer cia1 businesses would go onto this property. There we two viewpoints on this particular problem: 1') With C- zoning even with "Q" zoning, the Planni'ng Commission could only approve Site Development Plans and could no control the types of uses if they were allowed under C-2 zoning. They could not restrict this area to Trav Services only with C-2 zoning. 2) It was also felt that the application should not' be denied just because the City did not have Travel Service Zoning and that under the present ordinances, C-2 zoning with a "Q" overlay was the ,proper zoning until such time as zonin ordinances were 'brought up-to-date. re 2 t el 9 The Public .Hearing was then opened. L. Bruce Stallard, 1222 India Street, San Diego said that he had done many surveys to determine if this was a good site for travel related services, and he found that it was not, but should be zoned commercial. He said that no restaurants nor motels were interested in this site. .' Mike Reidy, Coldwell Banker, 3088 Pi0 Pic0 Street, ' Carlsbad felt that this was an ideal area to zone C-2 with .a "Q'" overlay because of its accessibility from Los Angeles and San Diego, visability from Interstate and because of the other existing uses and .zoning in that area. He also said that he felt the requirements of C-2 zoning and the "Q" overlay zoning would protect the City. C. William Dealy, 1282 Crest Drive, Encinitas stated that he was the owner of the 'subject property, that he was born in North County area, that he had owned prope in Carlsbad for many years and paid a great deal of taxes. He also said that they had an excellent appli- cant'to use the property and it seemed to be a good us for the property. (Lincoln/Mercury Automobile Agency'). 5 rt e A motion was then made .to approve the zone change t.0 C-2-Q and this failed. A motion was made to deny ZC-176 without prejud as this zone change was not consistent with the Plan. * ice Genera MOT I ON AYES NOES MOTION AYES 1 A motion was then made to table SDP 76-1 pending the disposition of ZC-1'76. If the applicant appeals the denial to City Council and if the City Council upholds the decision of the Planning Commission, then SDP 76-1 will be autamatically denied. A recess' was called at 9:40 P.M. .. Meeting reconvened at 9:55 P.M. with all Commissioners present. CASE NO. ZCA-79, MONUMENT SIGNS - Zone 'Code Amendment to provide for additional free-standing signs in the C-2 Zone and to provide for community identity signs. Assistant Planning Director Bud Plender gave the staff presentation .saying that the City Council on March 16 1976 received a request from the attorneys for "Car Country'' to permit additional freestanding signs. The request was for a separate sign for each auto franchi.s Y e CITY OF CAF-SBAD MEETING OF:- PLANNING COMMISSION DATE : May 26, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 4' f for every 100 feet of frontage on any road whereas the present Ordinance permits only one freestanding sign to a height of 35 feet. The City Council directed staff t study the request to determine whether or not it could be accommodated consistent with the overall intent of the City's Sign Ordinance and good planning practice, and to submit the results to the Planning Commission for hearings. Staff proposes amendments to the existing ordinance that would allow additional freestanding signs (they could not be erected within 200 feet of another free- standing sign), require a Conditional Use Permit for approval provided certain findings are met, and to pro- vide for a means for sign programs for an entire comple (Community Identity Signs - this would permit identiy sign at the entrance and directions within the complex (Planning Commission and City Council approval would be necessary). Staff felt that franchise signs would be unworkable as a zone code does not consider what a sign is advertising but how it relates to the total develop- ment. John Loy, Attorney at Law, 801 Mission Avenue, 0ceans.id; representative of Car Country stated that they currentl: had a pole sign with the various car franchises, listed on it, but that many franchises would not permit their signs to be placed on the same pole with other signs. Car Country dealers also felt that they should be allow. ed additional freestanding stands because of their strec frontage. Mr. Loy felt that the requirement of a CUP would be all the control that the Planning Commission would need. The Commissioners then discussed at great length the impacts of the proposed ordinance changes. The changes would cause few problems with Car Country, but it is an isolated case. They took various shopping centers and other areas around the City and debated the impacts up0 each one of them in regard to their sign program. Many Commissioners felt they may be compounding problems already in existence in the present Sign Ordinance. Mr. Plender explained that new shopping centers such a-s El Camino Real Shopping Pla-za and probably most future shopping centers have ample str'eet frontages. Therefore, there could be requests for monument signs in other shopping areas, but they must be approved by Conditional Use Permit, therefore, the Planning Com- mission would have the ability to reduce adverse im- pacts. Mr. Dominguez suggested instead of chang.ing the zone code, why not amend Car Country's Specific Plan to provide. for these additional sigis. Mr. Plender indicated that there may be problems with this ap- proval since it would be preferential treatment and it appears to be bypassing the legal requirements for a Variance. However, Mr. Plender explained he did not know the legality of. such an approach., A motion was made to continue ZCA-79 to the meeting of June 9, 1976 and staff was directed to research the possibility of amending the Car Country Specific Plan to provide for additional signs. A Minute Motion was made to reopen the Public Hearing for the June 9, 1976 Planning Commission meeting. CITY OF CAI SBAO MEETING OF: PLANNING COMMISSION DATE : May 26, 1976, TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 5 New CASE NO. CUP-120, ROBERT SANCHEZ (CIRCUS VARGAS) - Re-. quest for the operation of an old-fashioned circus under the Big Top at Plaza Camino Real Shopping Center from June 1 through June 3, 1976, inclusive. Assistant Planner Allen Meacham gave the staff presen- tation. The Commissioners then discussed the fact that'this CUP was be'ing approved only day.s prior to when the Circus was to be held and that the application had been pushed through the process rather than'going. through normal channels. (It normally takes 6 weeks for processing, but on permits like this, many applicants,do not come in till about a month prior to when their event is scheduled to be held). It was also mentioned that the City Manager could approve events such as this if they last two days or less. The Commissioners discussed amending this particular ordinance to five days or less so that the Planning Commission would not be confronted with these rush applications which are basically meaningless when they are heard the same week in which the event is adver- tised to occur. The Public Hearing was then op,ened. Robert Sanchez, Ge.nera1 Manager, Plaza Camino Real, 2525 El Camino Real, Carlsbad apologized for the delay in making a presentation to the Planning Cow- mission. He also said that all details had been worked out regarding security and clean up operations. A motion was made approving CUP-120 as per staff's recommendation and conditions with the addition of Condition #6 to read as follows: "That all public faci-lities will be provided by the applicant at no cost to the City. These services are to be provided as directed by staff." A minute motion was made directing staff to prepare a report to the City Council with the recommendation that the appropriate Ordinance'be changed to give the City Manager authority to approve these types of us'es up to 5 days instead of 2 days. CASE NO. V-263, CYNTHIA McPHERSON - Request for a variance from Section 21.10.080 of the Zoning Ordinance to allow creation of a substandard-width lot. Assistant Planning-Director Bud Plender stated that the staff recommends continuance of this case until the - City Council has approved ZCA-72 (Panhandle Lot Or- dinance) because the proposed variance does not conform with the provisions of the Panhandle Lot Ordinance as it is currently drafted, and it would be inequitable to approve a Variance for one applicant which might well be denied another applicant if applied for after adoption of ZCA-72. The Planning Commission decided to go ahead and hold the public hearing. The applicant was not present. Mr. C; Eugene Hargett, 1301 Pine Avenue, Carlsbad is a resident in the neighborhood where the variance ~~ is requested. He said t6at if this variance was IOT I ON ,YES IOTION ,YES CITY OF CAI SBAD MEETING OF: PLANNING COMMISSION DATE : May 26, 1976 I1111111 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 6 \\\\\/,\\ approved, everyone in the neighborhood would waqt one as this is a pretty depressed area of Carlsbad. A the lots in this area are narrow and deep. He stated that they were in R-1 zoning and would 'like to see something done in this area to bring it up-to-date. There was discussion among the Commissioners and staff regarding the mood of the individuals in the block as to whether or not they would like it to be rezoned, whether interior street systems would work and whether it would be worthwhile to study this area for higher density zoning. A motion was made to deny V-263 without prejudice and that Staff be directed to send a report to City Council with recommendation that they request Staff to study this particular area for rezoning consistency with the General Plan. ADJOURNMENT: MOTION AYES I I The meeti.ng was adjourned at 11:40 P.M. MOTION I nvrc IIIIIxlI xx x' lxx x ! I X