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HomeMy WebLinkAbout1978-01-11; Planning Commission; Minutes: CITY OF -TARLSBAD PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 1 I i ! CALL TO ORDER - 7:OO P.M. ROLL CALL - All present. Commissioner Donald E. Yerkes , who is replacing Robert L. Watson, was present but was pot yet able to vote. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A motion was made.to approve the Minutes of December 14, 1977 Planning Commission Meeting with the following change on Page 3, motion on ZCA-91 to read "Auction services with the exception of animal auctions." APPROVAL OF RESOLUTIONS (1) Resolution No. 1425, Bob Watson A motion was made to approve Resolution No. 1425. (2) Resolution No. 1426, Otto Korver A motion was made to approve Resolution No. 1426 with the following additions and/or changes: Page 2 , Line 9 - change "surrounded" to "surrounding. Page 2, Line 21 - add Magnolia St. to 6b. Page 3, Line 9 - add at end of 2. that the height .of. tower shall be measured starting from the, finished floor level of the church. Page 3, Line 5 - add "speed bumps shall be installed to slow down traffic within the parking lot." Page 4, Line 12 add "Landscaping shall be drought resistant and the irrigation ....I' Page 4, Line 9 - Sentence should read "Interior and exterior energy and water saving.. . . I' (3) Resolution No. 1428, Chandler Edwards Commissioner Larson stated that the City Attorney has not r.eviewed the Resolution relating to the . recording of the open: space easement along Carlsbad Blvd., as was suggested at the last meeting. It was determined that this item should be. continued to the January 25, 1978 P1anning.Commission meeting. A motion was' made to continue Resolution No. 1428 . until January 25, 1978 so that the City Attorney could review it. Staff was directed to make, the following changes in the resolution before that date. Page 2 , Line 1 - change to read that the lot is unique.because it has the major frontage.on Carlsbad Blvd. Page 2, Line 7 - 2c should read "diverted to Walnut so as to preclude it coming out on Carlsbad Blvd. which will eliminate those accesses 'Page 2, Line 13 change to read, "noise emanating from Carlsbiid Blvd. and eliminate access on Carlsbad Blvd . 'I (4) Resolution No. 1429, South Coast Asphalt A motion was made to approve Resolution NO. 1429 WRITTEN COMMUNICATIONS - None PRESENT MOTION AYES MO' AY: Mo AY ~ I1 tk e M A A i, 1 1 i TI ON ES TION ES BTION YES BSTAIN MOTION AYES ABSTAIN 7 x xxx x xxx xxxx xxxx X. .x X X I I- - X X X X 'X X X X PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 2 : CITY OF XARLSBAD ’ ’ ORAL COMMUNICATIONS - Mr. Bud Plender, Assistant Planning Director requested that a discussion, of where and when to present the plaque to Mr. Watson be added at the end of the agenda. PUBLIC HEARINGS - (New) (1-A) Case No. EIR-352, Tootsie K Ranch Prezoning and Annexation - Request for certification of Environ- mental Impact Report for Tootsie K Ranch which is located generally on the east side of Sunny Creek Road between Palomar Airport Road and Rancho Carlsbad Drive. Mr. Bud Plender explained that the Tootsie K parcel is a complex project in that annexation, environmental impact report, change of zone and the creation of a new zone that the applicant possibly may wish to apply to.this project are all involved. The environmental impact report was distributed at the meeting. Mr. Plender suggested that the Public Hearing be opened and testimony taken from the- applicant and interested citizens on both the Environmental -Impact Report ‘and ZC-185 simultaneously. Mr. Mike Zander, Associate Planner, presented the environ- mental impact report. He explained that the. emphasis of . the report was placed on the impact that’would occur.on the land and surrounding areas and only discusses the proposed project for information. I (1-B) Case No. ZC-185, Robert H. Sonneborn - Request for preannexational zone to R-A-1 acre on property located generally on the east side of Sunny Creek Road between Palomar Airport Road and Rancho Cdrlsbad Drive. Mr. Bud Plender, gave the staff presentation. He explainec that the Commissioners’had three options before them: 1) Approve the zone change ,as presented , 2) Approve a modification of ‘the request, i.e. , R-A-i, R-A-2.5, R-A-4, etc. 3) Continue the case ‘pending adoption of the new RE Zone. In ‘addition, the applicant has indi’cated interest in the L-C (holding) zone which nieans that he can move the Commission at a later date for the development zone. He explained that the environmental impact report must be certified prior to approving the zone change with the . exception of the L-C Zone. However, a negative declaratior would be required which would take longer than having the certification of the environmental impact report which is now in process. Mr. Plender added that the applicant wishes to go forward with annexation, preferably with the R-E Zone, but cannot until it is adopted. Mr. Robert Sonneborn, 3985 Stella Maris , Applicant , stated. that the project started in 1976 and at that time his client felt that there was a market for a large type of rural residential type of development. It has been two years and not yet to LAFCO. He said that a nearby proposec development of 450 acres is to have 3.66 units to the acre and to the north the ioni.ng of 225 acres permits 10,~Oo . . . forward .to LAFCO for annexation and then be. back before ” CITY OF XARLSBAD PLANNING COMMISSION JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 3 square foot lots. The 24% acre parcel owned by the Grossel s is landlocked. They first obtained a four lot split to five acre parcels and then the City Council gave them the option to split to 2.5 acres. His client wished to have the L-C zoning in order to get this project moving. After annexation he felt the City should decide which zoning category would benefit the total City of Carlsbad taking into consideration the market. Mrs. Russell Grosse , 5850 Sunny Creek Road, spoke in opposition to the request for R-A-1 acre zoning on the Tootsie K. She presented a petition representing the ten -property owners on Sunny Creek Road who opposed'any pre- annexational zone that would allow for a greater density of an average of one unit per every two acres. They were further opposed to any use of the subject property which would require development of Sunny Creek Road wider than 20 feet. Copy of the petition in Planning Department files. She stated that the present owners wanted the area to stay in its rural state with no further public develop- ment. They wished to promote the "Rancho Santa Fe" atmosphere. Patricia Collum, 2058 Melinda Lane, Carlsbad, Campus Community Planner at the University of California at San Diego, said she wished to make comments oply. on the zoning and reserve the right to make additional comments on' proposed development later on. She spoke of the concern for the Dawson-Los Monas Reserve. Basically, this reserve is one of 23 natural land and water reserves owned by the University of California and considered one of their most important because it has a large and diverse collection of vegetation and animals. It contains a water course ' which has water in it all year, which makes it unique in this area'. The reserve is used by the University of California for research purposes and for academic field trips by several of the local high schools and junior colleges., The major threat is urbanization and she requested-the Commissioners.to continue .this item until such .time as the R-E Zone .is approved. Mr. Bud Plknder , explained that. the continued hearing 'on the R-E Zone is to consider the proper density. Therefore . suggestion that'the R-E.Zone is proper for the land cannot be determined'until its adoption. Mr. Victor Kato, San Diego, said he was a son of the Kato' living on Sunny Creek Road. His family moved ta'that location in 1966 and have successfully farmed the land for profit. He wished to point out that an airplane had crashed in that area recently and that the airport hazard statements in the environmental impact report should not b overlooked. He felt that any high density in the Los Mano Canyon will result in a high run off'into the canyon'which' may have an adverse effect ecologically. He felt there may be some important archaeological findings and felt thi should be looked into. There are three areas where there is a high water table and actually.there are three springs Anytime that occurs he felt there was a good likelihood that there had been Indian activity in the past. He also felt that the sewage.would present a problem to the area. i CITY OF LARLSBAD PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 4 Mr. Bud Plender, stated that the proposed R-E Zone will require that prior to development the Health Department must approve the sewer system for each lot. Chairman Rombotis informed Mr. Kat0 that prior to any development an archaeological report would be submitted as part of the environmental impact report requirement. Mr. Robert Sonneborn, in rebuttal stated that all object- ions were about the size of the lots and he felt that was premature at this. state. He would like to see the project move forward to annexation with an L-C Zone. A motion was made that the certification of the EIR and consideration of ZC-185 public hearings be left open and these matters continued to the Planning Commission meeting of January 25, 1978, to enable to Commissioners to read the environmental impact report. (2) Case No. V-275, Mike O'Hara - Variance for reduction of the rear yard setback from 20 feet to five feet on two single family lots in the R-1-10,000 zone on property generally located 'on the south side of -Almaden Lane between Zamora Way and Alga Road. Mr. Bud Plender, gave the staff presentation; The Commissioners generally were concerned as to whether unique circumstances existed on.the applicanes lot to j.ustify the variance and whether or not precedence.was being established. The major impact of the proposal was view blockage for the existing home to the east owned by Mrs. Garfield. Mr. Mike 'O'Hara, 2307 Plaza Del Fluer, applicant, presentec elevation architectural drawings to the Commission for review. He explained that there is a bne story and two story house planned fop the two lots. The difference in height and elevation at their highest point - one story is 12 .fee< and two story is approximately 23.1 feet. If thc two story home was placed next to Mrs. Garfield's home, then she w'ould be looking at six windows which are at.the rear of the bedroom which would &isturb",the privacy for both homes. With the contour of the ground .and placing tht one story on the-lot next to the Garfield's, there would . not be the view.hlockage because of the design of the house. Mr. O'Hara felt this was the best possible plan to insure privacy for both residences. Mr. O'Hara said there will be no lights on the tennis courts. Chairman Rambotis, stated that the plot plan shows 20 feet sideyard on the westerly side'of the house, 16 ft on the easterly side and the lot is 107 feet. He felt there is an alterqative in placing the house to satisfy Mrs. Garfie: and Mr. O'Hara I5.y moving the house 'five feet to the west and five feet toward the street which would allow a 15 fool sideyard on the westerly side. Mr. O'Hara indicated that the plot plan was not presented in'acaurate scale. Mr. Bud Plender, stated that generally the first condition placed on any variance'or any action by.the Planning Com- mission is that development occur as the submitted plans, and the plan must be correct. If it is not correct, the OTION YES CITY OF CARLSBAD PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 5 applicant should note errors prior to approval. Mrs. Sam Garfield, 73181 Almaden Lane, spoke in opposition to the request. She said they spend most of their time at the swimming pool' area and that the elevation of' their living room and swimming pool is the same. There is a slight slope on the driveway and the only place they have any drop off is to their three terraces beyond the swim- ming pool area. She was concerned that there.would be a precedence given here and that both properties to the east and west of her would be able to encroach on the setbacks so that she would be completely closed off from the 18th hole and the eighth green and fairway. This was the main objection they had to this request. Mr. Mike O'Hara, said that if the variance is not approved he will be forced due to lot configuration to place the second story home to the east of Mrs. Garfield. 'He asked that she look again at the view impediment and privacy problem if the second story home was placed on that lot as opposed to placing the one story home with the requeste setback there. . In answer to Commissioner L'Heureux's question as to whether or not the only item that cannot be,changed is the location of the tennis courts,staff reported that the only item on the Planning Commission approval of the tennis cou: was that Mr. O'Hara had permission to build a fence higher than six feet in the front yaed. Chairman Wmbotis, questioned the dimensions of the plot plan as presented. Mr. Plender, stated that staff must scale many plot plans, and do not expect applicant to have all dimensions on a plot plan. If this variance is approved, ' the plans as submitted are final unless the changes were incorporated into the motion. Chairman Jose, stated he would like the plan to go back to staff and have the elevations, grades, and dimensions be revised-and resubmit to.the Planning Commission in accurate form. He agrees with Mr. O'.Hara that the single story home 'is much better for all concerned on the lat' to the of Mrs. Garfield. Commissioner Woodward,. objected to the proposal for the reason that she felt the Coinmission was'being asked to approve the variance for the convenience of the applicaht and that the lot was not unique to justify a variance. L ~- Commissioner Larz, stated he agreed with Commissioner Woodward and that a precedence would be set'in allow- ing a five foot setback because the property backs onto a golf course because a golf course is an open space area. Perhaps a continuance would be needed' to correct the .plot plan although he ;did not believe he.could be in favor of t' request. Commissioner Jose, said that the proposal made by OUT Chairman moving the home to 15 feet instead of 10 feet wou: be worthy of consideration, rt s 0 he Ld CITY OF -CARLSBAD PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 6 Comniissioner L'Heureux stated that before it is sent back and the applicant spendsalot of time and money the Commissioners should determine whether or not they can accept the basic, philosophical idea of the request'. The only way he would vote to sending it back was if the Commissioners were in favor of the variance assuming the documents were in order. -He:was concerned that this may be considered as setting a precedence. Chairman Rombotis felt. the Commission might be doing . Mrs. Garfield a favor in granting the variance when the buildings are moved on the lot. Theoretically he felt that if the house was moved five feet to the west, and forward five feet that the plan would be best for all concerned. The rear yard setback would be ten feet. The house would be 20 feet over which would give Mrs. Garfield a better view to that side. A motion was made to continue this to Planning Commission 'meeting of January 25, 1978, and that the applicant and Mrs. Garfield work together in reference to the moving of the building as proposed by the Chairman .regarding the . east sideyard setback becoming 20 feet ad the rear yard ' setback being 10 feet and the elevation grades and . dimensions of the plot plan be corrected as well as Submitting a school letter. Commissioner L'Heureux, had a question on the motion. Was the Planning Commission telling the applicant that. they will accept the variance if the plans are corrected tc having a'one story home with certain setbacks or were they asking the applicant to go through this time and expense when they could not philosophically accept the variance under any conditions? Mr. O'Hara,' said he had a. 15 foot setback from the street what he fdlt he may be able 'to make it work. i .. 'for the tennis courts and'if that co.uld be reduced.some- . . .. . The .Commissioners agreed generally that'they possibly could look at' the var.iahce with accept but not as it was initially presented; however, they could not guarantee that they would approve it. (3) Case No. CT 77-17, Hal Pollard, request for tentative subdivision map for the purpose of converting apart- ments- to 'condominiums on property generally located on the north side of Chinquapin between railroad tracks and Garfield Street. Mr. Bud Plender, gave the staff report. He stated that if the Commission wished to deny this item they should continue it pending the next City Council meeting when the moratorium on condominium conversions.wil1 be considered. If the Commissioners feel there is merit to this request, they have the option to recommend approval at this meeting One of the issues before .the Council will be whether or no they will put a moratorium on accepting new applications thereby letting those applications already in process to proceed. IOTION ,YES " : CITY OF rARLSBAD PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 7 Mr. Hal Pollard, 10415 Fuerte Drive, La Mesa, 92041, applicant, and one of the owners of the property stated that this property is legally owned by Escondido Pines Associates, partnership by George Gilderich, Philip Gilderich, Paul Pickering, William Hobby and Hal Pollard. All of the tenants were notified of the Planning Commissio meeting. He said he considers the real issue is should City Council and Planning Commission provide the vehicle through which 25 families can own their own home. Regarding the physical aspects of the apartment house, the first owners moved in May, 1975, and it has been virtually 100% occupied since that time. They will improv the common wall to make it a two hour wall instead of a one hour wall and increase the sound insulation capability The parking on site appears to be adequate. The covered parking was removed for practical reasons. The CC&R's wil recommend that there be a provision which would require that all RV' s be parked in one of the mini-.warehous&or storage lots. The recreation room was built as a rec- reation room and will no longer be used for storage. They will install an 8 ft. wet bar, good flooring, and outside will be a jacuzzi spa, a bar-b-que grill, lighting, etc. ,They are located just a short walk from the beach which is the primary recreational facility. Mr. Pollard feels that central master water meter is the best way as the installation of individual meters would be an enormous financial investment that Mr. Pollard feels the' prospective buyers would rather not have in the way of. increased costs. He said he submitted all documents . executed by the owners to the school district and it has been placed on the January 18th agenda. Purchasing a home is one way property costs can be fixed because when it is financed the cost will remain the same until either sold or refinanced. He said there are other apartment housing in the area for the tenants that do not wish or cannot afford to purchase. He feels ownership is a savings in the long run because of the tax deductions created by the ownersh'ip as well as the equity that is invested.. Mr. Pollard siad he would like to put a 3x4 sign,-3 inches thick of solid cedar, sandblasted and '. decorated with gold leaf somewhere in the front of the . project. The water and sewer fees are a common fee on the master meter; the electric is metered separately and the . . - ga's .is common but only goes to the water -heater. Mr. Roy Ward, 3088 Pi0 Pico, Carlsbad, said he was'in favor of this conversion provided that where multi-family living is permitted that it be well protected in the area of fire. Based on his experience over the past twenty years of having.severa1 fires in property operated by himself he'would encourage the Planning Commission to insure that individual units ' have adequate fire protection Mr. .Ralph Waller, occupant presently in the apartment. ' . house, said he pelieves Mr. Pollard's proposal has merit. He believes they are well built. Commissioner L'Heureux, said he would like to see the fire walls and also smoke detectors in' each of the units. He was interested in trash enclosures. He felt it would be uneconomical to instail separate water.meters. He was of the opinion that he would like it sent' back to staff.for conditions of approval. ... CITY OF CARLSBAD' PLANNING COMMISSION MEETING JANUARY 11, 1978 CITY COUNCIL CHAMBERS PAGE 8 .. offsite through CC&R's. 7) Review parking to see if its possible.to.get more parking without excesszvly reducing the landscaping. The League of California Cities'seminar was discussed. The Commissioners .will let staff know who the delegates will be before Friday. The Commissioners will decide among themselves where and when the farewell gathering and presentation of the plaque fok Bob Watson will be held. Staff will discuss again with the Planning Commission after plaque is completed. MEETING ADJ6UFNED AT 11 :15. PM. . ._ . ! Commissioner Jose, also agreed to having a two hour fire wall'as well as stating that the school letter should be required. Commissioner Larson,'would like more dicussion concerning parking. A motion was made to return CT 77-17 back to staff to prepare conditions of approval to include the following: 1) Maintain the present single water meter system. 2) Two hour fire wall between each unit and each unit have a smoke detector. Fire wall to be in attick: 3) Park and Recreation fees be required. 4) School fees be required. 5) Recreational area would be constructed along the sides per applicants design. 6) Considering requiring that RV parking would be provide( . . -- ;OTION YES I X .,