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HomeMy WebLinkAbout1976-09-22; Planning Commission; MinutesCITY OF CAR".SBAD MEETING OF: PLANNING COMMISSION DATE : September 22, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS CALL TO ORDER The meeting was called to.order at 7:30 P.M. ROLL CALL All present but Commissioner Fikes. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Minutes of September 8, 1976 "Approved. * WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Planning Director Donald A. Agatep announced to the Commission that he had submitted his resignation as Planning Director of the City of Carlsbad to the City Manager effective as of October 14, 1976. The reason for his resignation was that he had accepted a positior with the U.S. Navy to'go to London, England, for four to six months. Chairman L'Heureux said th.at the Commission and the City would deeply miss Don and thanked him for his many years of,hard work. He also said that the City bad been extremely lucky to have Don's ability and talents. A motion was made that a resolution be prepared for Don Agatep for his valuable services to the City of Carl sbad: PUBLIC -HEARINGS Continued Case Nos. SP-179, GPA-41 , and -EIR-329, Agua Hedionda Lagoon It was noted Par the record that Commissioner Rombotis would abstain from oarticipatinq in the hearing. Planninq Direct0.r Aqatep said that the Staff recommend- ed continuing these it'ems till October. 13, 1976 as more time was neede.d to study the alternatives for the SOME property east of Interstate 5. He then briefly discussed the Economic Impact Report that had been .given to the Commission. He also advised the Commissic hat if they felt .that prior to actual development wit1 he Specific Plan area, additional economic informatiol was required, the Commission should require an Economic Analysis prior to final approval of the proposed Speci. P1 an. Commissioner Larson asked that the staff add an 8th policy to the Open Space and Conservation section regarding the ecJfologica1 system of the lagoon itself, i.e. grasses, etc. in the lagoon. ! Present Absent Motion Ayes Absent M,ot i on Ayes Absent I n C X X X X X X - - X X X < CITY OF CAR"4BAD MEETING: PLANNING COMMISSION DATE: September 22, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 2 Lew Pritten, 330 Chinquapin, Carlsbad, CA expressed his concern regarding the preserve area and wanted to know what the building requirements were regarding how close to the lagoon buildings could actual1.y be constru-cted. He also inquired as to whether the action of approval would be legislative or administra- tive and whether or not at a later date a referendum could be approved if need be. ' Mr. Agatep stated that there are 50 ft. setback re- quirements from the lagoon and that construction out into the lagoon itself would be limited to docking and launching facilities. The question of whether an item 1 is legislative or administrative is being discussed at state level and an answer is not known at this time. " A motion was made to continue these items to the meet- ing of October 13, 1976. New Case No. CT 76-11, Tamarack Shores, Robert Hirsch Request for approval of a 6-lot, 80 condominium unit tentative subdivision map, in three phases. Assistant Planning Director Bud Plender gave the staff presentation and .pointed out to the Commission that a letter from the school district had been received and that the Commission might wish to consider adding a 15th condition which would either delete SP-136 or request that an amendment to SP-136 be submitted and approved by City Council reflecting the adopted . tentative tract map prior to approval of the final map. SP-136 has been approved for the project site and would allow 117 condominiums. The proposed CT 76-11 would have 80 d'ondominiums. .. The Compission was very concerned about fencing around the project during construction because of the school adjacent to the property, and about the traffic that ,would be generated by this development. ; Robert Hirsch, 15233 Ventura Blvd, Suite 816, Sherman .gal;$., €A -9114Q3 said that the units would be one story \a~d two story detached townhouses - the units would hav Prom 1200 to 1400 sq. ft. per unit with approximately 4400 sq. ft. of ground area per unit. Would Vi ke to .develop the area in three phases which would take 1% to 2 years. He stated that he had FHA financing for the proje'ct, that 100 ft. of right-of-way had been leased from the railroad and that landscaping wouid be provided on this right-of-way on a 4 ft. berm with a 6 ft.. masonry wall on .top of the berm.. They felt this would mitigate much of the noise problem 'from the railroad itself. . On-site vehicle storage space as well as landscaped open-space within the site will be provided. He also said they would be build- ing 80 condominiums and would be agreeable to delet- ing SP-136. Sam Gendusa. 1149 Magnolia, Carlsbad; Gary Cepek, 808 Magnolia, Carlsbad; Lew Pritten, 330 Chinquapin, ,Carlsbad; and Arthur Wessos, 3700 Jefferson, Carlsbad .spoke in opposition to this project with their primary :concern being the increase in traffic in the presently i i axisitng traffic problems. X X X X . -. *-- MEETING: PLANNING COMMISSION DATE: September 22, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS , . __ ,... -. .. .. ~ . . . _." CITY OF CARL-SBAD Robert Hirsch in response to the comments made by the property owners and Commissioners said: ''I respect the comments of'these homeowners and their traffic concerns I will Doint out that we have a legal right to go in. *and pick up a building permit for apartments as'pei. sp- 136. We are proposing less density in the tenative map befor? YOU. We will be doing some considerable expen- sive measures) on our part-to mitigate the traffic '(street improvements and street lights)." He also pointed out that they have received approval from the school district. He stated that he was in agreement . with the conditions recommended in the.hearing. 1 The Commissioners then discussed w.hen improvement would take place on Tamarack and were.advised that.a study was being conducted at this time and no date could be set as to when, if, or how Tamarack would be improved. (City Engineer commented that he hoped it would be with in 5 years). A motion was made by Commissioner Watson to approve CT 76-11 as per the conditions and findings in the staff report plus Condition to be added indicating that the project will consist of 80 units and a Condition requesting the applicant withdraw SP-136 prior to final map recordation. (The motion died for lack of a second A motion was thenmade by Commissioner Rombotis recom- mending denial of CT 76-11 until it is accompanied by a Specific. Plan showing the location of buildings, recreational buildings and staff has further addressed the traffic problems generated by this development. Commissioner Nelson seconded this motion. Prior to vote on this motion, Commissioner Watson asked to go on record'lraising serious questions on behalf of the applicant if he chooses to pursue the matter. I would like the legality of this and would also like to point out that the City Attorney is not present and I question the legality and validity of the motion." Mr. Agatep suggested that the motion be withdrawn and that the matter be continued to the meeting of 0ctobe.r to allow further study regardhg the traffic problems , a more thorough study-of the proje.ct. missioners Rambotis and Nelson withdrew their motion otion was made to continue CT 76-11 to the meeting October 13, 1976. k applfcant was then asked if he cbncurred with the !elsfon of the Commission to continue his case. Mr. ch responded by stating "I feel I should take a a1 and go right to the City Council with my' attor- , and I frankly feel I am better doing that be- @&e we have met all City codes. I don't like the Hents made tonight about trying to find findings and findings to turn this thing down and 'I want you to an action on this and if necessary we will appeal the City Council and we will have copies of these . -, . atep responded by stating that we cannot deny a ithout findings of fact. He stated that the ould be returned at the next meeting after thor- ::study by the Staff. lotion \yes \bstain \bsent X X CITY OF CAP'-SBAD MEETING: PLANNIhu COMMISSION DATE: September 22, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Page 4 9:55 to 10:17 break with all Commissioners present as were present prior to the break. Case Nos. MP-5(A) and SP-l04(B), Larwin-Southern Cali- fornia - Request for approval of amendments to approved Planning Director tation stating th and Specific Plan proposal to const Plan. Most of th reflect a specifi the park. site, th and improvement o been reworded to Donald Agatep gave the staff presen- at the 'amendments to t.he Master Plan were caused by -another applicant's ' ruct the partment phase of the Master e conditions recommended for change c time table for the dedication .of e payment of park fees, the dedication f Elm Avenue. Other conditions have clarify their meaning. Art Rosenthal, Vice President, Larwin-Southern Calif.. stated that they had been working with staff and con- curred with their conditions and recommendations. Jo Giserhart, 2610 Via Astuto, Carlsbad expressed her concern over the high density 07 the area and the lack of parking, did not approve of density transfers from the park site to the proposed apartment area - felt the apartment development would lower their property values. Michael Blood, 2513 Via Astuto, Carlsbad wanted to know the amount of land involved in this proposed project an John McCoy, 390 Oak Avenue, Carlsbad wanted to know the number of units per acre for the garden apartments. The Commission then discussed the park sites and when development of the park would occur. A motion was made recommending approval of SP-l04(B) and MP-5(A) as per the recommendation and conditions in the staff report. A minute motion was made directing the staff to send a recommendation to the City Council that this park site should be developed as so,on as possible. Case No. PUD-1, George Billings - Request for approval of a Planned Unit Development P.ermit for 171 apartment units. Bud Plender advised the Commissioners that they had been given an EIR Supplement Mitigations .Measures memo- randum for this project. He also told them that a !school letter had-not been received, but that Mr. Bill- ings would be meeting with the School Board. A motion. was made to continue this item to the meeting of October.13, 1976 since it was the policy of the Com- mission not to hear an item until the school le'tter has been made available to the Commission. Case No. CUP-124, Jeff Crisman (Agent) - Request for -approval of a private, academic pre-school (Montessori) as-authorized by Section 21.42.010(2C) of the Zoning Ordinance. Bud Plender gave the staff presentation indicating to the Commission that Staff suggests the adoption of an additional condition that would limit the number of students to 34. 4otion \yes \bsent lotion \yes \bsent lotion \yes loes \bsent X X X X X X X X X X X " CITY OF CAWSBAD MEETING: PLANNING COMMISSION DATE ; September 22, 1976 TIME: .7:30 P.M. PLACE: COUNCIL CHAMBERS Page 5 \ Jeff Crisman, 6466 Camino Park, Carlsbad, said that this was their fifth Montessori School and its, size warrants 45'children, but there are only 34 requested at this time and therefore concur with staff's recommenda- tion and conditions'. In response to the Commission's concern regarding pick-up and delivery of children to the school, it is their policy that the parents park their car, turn off the ignition and walk their chil- dren to and from the school. A teacher is at the door to receive the children. A motion was made approving CUP-124 as per the recom- mendation and conditions as outlined in the staff re- port with the addition of the condition limitied en- rollment to 34 students. Case No. CT 76-10, Green Valley Knolls 11, La Costa Land Company - Request for approval of an 18 lot tenta- .. . .. tive subdivision map. Don Aqatep said that the applicant wished to build 18 single family dwelling units and to use this area for model homes for Green Val ley Knolls. Bob Ladwig, Rick Engineering, 3088 Pi0 Pico, Carlsbad, said that the applicant concurred with the recommenda- tion and conditions of the staff report. A motion was made recommending approval of CT 76-10 as per the recommendation and conditions outlined in the staff report. The Commission also recommends to the City Council that a Fourth Area be added to the partial La Costa Master Plan Amendment. NEW BUSINESS Case No. CUP-60, Resolution of Intention No. 131 To Hol a hearing for revoking this Conditional Use Permit. Don Agatep told the Commission that the City Attorney advised the Planning Department that the appropriate -enforcenient action regarding noncompliance of this ,CUP wo.uld be revocation of the CUP. Mr. Pollard, ap- ,plicrnt for CUP-6.0, explained that there was a Court. Order preventing the removal of the illegal trailer. A.motion was made approving Resolution'of Intention No. 131 to set " this matter to public hearing on Octo- ber 27, 1976. Open Space Maintenance - La Costa Land Company Bud Plender said that the La Costa Land Cornpany.had su-bmitted two petitions to the City requesting that. the Ci.ty form two open space maintenance districts .in the La Costa area. He stated that the report has n-ot been completed .and a full report will be presented at the 0cto.ber 13, 1976 Planning Commission Meeting. ADJOURNMENT: The meeting was adjourned at 12:16 P.M. otion Yes bsent otion Yes bsent Dtion Yes ,sent