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HomeMy WebLinkAbout1978-01-25; Planning Commission; MinutesPLANNING COMMISSION MEETING JANUARY 25, 1978 CITY COUNCIL CHAMBERS PAGE 1 * ,___ " """.__"l "" -_ "_~ "_" "". , "_ 1-11 I" CALL TO ORDER - 7 :bO P.M.. ROLL CALL - Commissioner Donald E. Yerkes absent '. I PLEDGE OF ALLEGIANCE &PPROVAL OF MINUTES A motion was made to approve the Minutes of January 11, 1978 with the following corrections and/or additions: Page 5, Mrs. Garfield's comments, third line from bottom: delete "18th hole. I' Correct title to "Commissioner" Jose. Paragraph 5, last line, add "west" of Mrs. Garfiel Page 7, Add "commercial" mini-warehouses. APPROVAL OF RESOLUTION NO. 1428 A motion was made to approve Resolution No. 1428. WRITTEN COMMUNICATIONS Mr. Bud Plender, Assistant Planning Director, requested discussion on a County Special Use Permit for a recreatior area in the County be added as item No. 8 on the agenda. a *iz * ORAL COMMUNICATIONS . Commissioner L'Heureux proposed that discussion on applicants of discretionary approvals submitting a disclosure form listing all applicants be added as item No. 9 on the agenda. PUBLIC HEARINGS In order to accommodate items 1-A and 1-B with item No. 6, Chairman Rombotis suggested that the Hearings begin with item NO. 2. (Continued) (1-A) Case No. EIR-352, Tootsie K Ranch Prezoning ana Annexation - Request for certification of Environmental Impact Report for Tootsie K which is located generally on the east side of Sunny Creek Road betwe,en Palomar Airport Road and Rancho Carlsbad Drive . ~r. Mike Zander, Associate Planner, gave the staff presentation. In answer to Commissioner Woodward's remark that there wa: nothing in the EIR about this being.an urban reserve area under the General Plan, Mr. Zander explained that there i: not an urban reserve program in the General Plan but that the EIR should be viewed in regards to the growth ' inducement of the project. Commissioner Larson recommended that a dam failure map be included in the report. Mr. Robert Sonneborn, 3985 Stella Maris Lane, Carlsbad, agent for the property owners, stated his main concern at the present time was to move this on to LAFCO, and concurred with the staff recommendation. -. """ ?RESENT WSENT 3TION YES 3SENT 3TION YES BSENT " - X X \ PLANNING COMMISSION MEETING JANUARY 25, 1978 CITY COUNCIL CHAMBERS PAGE 2 Ms. Joan Jackson, 1120 Chinquapin, Carlsbad, speaking -for the Sierra Club, stated that the comments in the Universi of California letter expressed their feelings on the matt She requested the officials of the City of Carlsbad to ' consider along with the needs of the educational process of the Los Manos Canyon Reserve, their larger public 1 interest to preserve and protect the integrity of it. Mr. Clarence H. Dawson, retired Engineer, owner of Rancho Agua Hedionda, stated that his wife gave the Los Man& Reserve to the University of California for the purpose of protecting the wildness of the environment and such .inhabitants of this wild area as the white tailed kites and the gophers and other things that live there. Mr. Dawson said that he would like the plans to include a protective area so that the Agua Hedionda Creek will not b further damaged by what he considers too much development, too much building and too much grading. Commissioner L'Heureux stated that he felt signs should be posted on the fence telling people to keep out of the restricted area. He felt the proposed ice plant should be placed over a wider area if it was to have any meaningf benefit for stopping fires. He said any kind of development plan should probably address itself to some ty of preservation of as many of the oak trees as possible, and he agreed that the dam failure inundation map should be included. Mr. Zander stated that any further development would bring the EIR back to the Commission for mitigating measures and supplemental information. A motion was made to certify environmental impact report No. 352 as presented in the findings as having met all requirements of the Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act and taking into consideration those comments set forth by the Planning Commission. (1-B) Case No. ZC-185, Robert H. Sonneborn - Request for E' 0 10" preannexational zone to R-A-1 acre on property generally located on the east side of Sunny Creek Road between Palomar Airport Wad and Rancho Carlsb Drive . Mr. Bud Plender gave the staff presentation. He indicated that the applicant had verbally 'changed the request to the Limited Control Zone (>C). Mr. Robert Sonneborn, 3985 Stella Maris Lane, said he agreed with the recommendation of staff to approve this as L-C and asked the Commission to move forward with it. Mrs. Grosse asked for a definition of the L-C zone. A general discussion of this followed. A motion was made to approve ZC-185 from County A-1 to L-C based on the findings of the staff report. Resolution 143 (2) Case No. V-275, H. D. "Mike" O'Hara - Request for variance for reduction of the rear yard setback from twenty 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. MOTION IIY ES WSENT !IOTION \YES WSENT \ CITY OF C-IRLSBAD PLANNING COMMISSION MEETING JANUARY 25, 1978 CITY COUNCIL CHAMBERS PAGE 3 Mr. Bud Plender gave the staff presentation. 'He explained the revisions submitted by the applicant that the rear , property setback would be 10 feet, the side property set- back would be 20 feet hnd the applicant would maintain a one story structure on both residences. .. h.'Mike O'Hara, applicant, st.ated that it was not neces'sa for him to add anything further. Mrs. Sam Garfield, 73181 Almaden Lane, stated that she and her husband were agreeable to the ten foot setback and that both lots would have one story structures. Mr.!Plender said that if the variance is approved, he woul suggest adding one more fact on finding No. 3 to state that by granting the variance the lot to the east will enjoy a better view than if the structure had been built to the code requirement. A motion was made to approve V-275 based on the findings and subject to the conditions as presented in the staff reports dated January 11 and 25, 1978, with the additioanl fact added to finding No. 3 that "by granting the variance as conditioned, the lot to the east will enjoy greater view than if the building had been constructed to code requirements. '' Resolution No. 1431. (3) Case No. CT 77zl.7, HaA Pollard - Request for tentativ 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. In answer to Commissioner Larson, Mr. Plender stated that there is a requirement that storage on public streets be limited to 72 hours. Mr. Hal Pollard, applicant, 10415 Fuerte Drive, La Mesa, 92041, stated th.at he wanted the Commissioners to realize that this project would not increase the school capacity over what it is now. This was in clarification to the school letter. He said they would have CC&R's which would include the provision of off-street parking for R-V' In answer to Commissioner Larson's question about the pend condominium standards, Mr. Plender stated that if the application was denied, the applicant could reapply after the standards were adopted and the moratoriwp was lifted. The application would have to meet all standards in effect at that tbe. Commissioner L'Heureux requested Mr. Plender to identify areas on this application where additional requirements mil be required in the future. Mr. Plender said that staff feels that the individual water meters are very important 3 I "- I 4OTION \YES lBSENT and said that the existing fourplex will not make as good a condominium arrangement as the townhouses and possibly shou be kept as apartments. A general discussion followed indicating that not all units have to be converted into condominiums, that some can be held back as rentals , The approval of the map, however, would be for the maximum that the applicant can convert. ,. I I t- __~ ""-"-- ,"" Commissioner Jose stated he would like to go on record-as opposing this application because he believes the recreati activities are very .limited; it would mean a reduction in the number of apartments-.in the City; he would prefer to , have individual water keters and that the project is lacki in R-v storage area. A motion was made to deny CT 77-17 based on the findings as outlined in the staff report except that the findings of the public utilities be deleted. Resolution No. 1432. Chairman Rornbotis explained the right of appeal to the 'City Council to the applicant. (New 1 (4) Case No. CUP-147, Prest Best Corporation - Request fo conditional use permit for existing service station and for the addition of a laundry and dry cleaning pickup service in the C-2 zone. Commissioner L'Heureux stated that for the record he would abstain from this action because the owner of the business is a client of the law firm he is associated with. Mr. Bud Plender gave the staff presentation. In answer to Commissioner Woodward's question on parking, Mr. Plendc stated that the parking t4ak can be developed on site will far exceed the parking that will be required by the code. Commissioner Woodward expressed concern for the traffic generated at this location as well as the fact that the site falls short in areas of driveways and inadequate landscaping as well as an unacceptable plot plan. Mr. Plender explained that if this application is going to be conditioned to bring the service station up to the standard required for new service stations, then the application is basically denied as the owner cannot put that kind of money into upgrading. He said that if the application is approved, it will have to be with the understanding that the applicant will self-police the traffic movement on the site. Commissioner Fikes was concerned that a precedent could be established here stopping a merchant from adding a new ling Mr. Ron Colton, 3 North California Street, Ventura, stated his mother was the major shareholder. He said he was an attorney as well as a shareholder but was appearing in the capacity of attorney. He said that it is the company's experience that on an hourly basis, the traffic is approxi five to seven customers. Since it is an eight hour day, Mr. Colton did not believe that there would be a prevalent impact on the traffic in that general area. There is acce on Elm as well as access back to Harding and also an alley which goes north to Grand and south to Elm. Mr. Colton said that as he understood the matter, the Planning Commission was hearing this case because of the pre-existi use and that the use they are discussing is clearly compat with the Plan and that the only reason it was before the Commission is the uniqueness of the fact that there was a pre-existing use which now requires a CUP in this matter. Mr. Colton said he felt it was compatible withthe Plan and that it would not cause a significant traffic problem. He added that they were agreeable to any kind of restrictil as far as a review period was concerned. "" "" nal J bfOTION \YES OES te1y Y le ' CITY' OF C"4RLSBAD PLANNING COMMISSION MEETING JANUARY 25, 1978 PAGE 5 " ~ "- - " " Mr. John Grant, 4056 Skyline, said he was not speaking. specifically against the application but wished to raise concern that he had as a property owner of development in the immediate area. Hq felt that a tourist driving down 4 Elm and seeing a service station that was not a service . station would feel that there was an economic liability in the area and that it was necessary to handle drycleanin in conjunction with the service station to sustain an economic viability. He questioned that the existence of a laundry and drycleaning facility together in one portion with oil and gasoline in the other portion presented somet that might be considered below the dignity of what we are trying to do in the City. Commissioner Jose stated that the filling station went into business prior to conditional use permits being requi so that there is no CUP on that filling station which mean that use cannot be expanded either in its intensity of use or by buildings. Mr, Plender explained that the CUP is for expanding the us' the service station. He said that a denial of this CUP would only deny the expansion of the service station to th dry cleaning establishment; that the existing use is law- fully existing. He explained that to add a new line of service or merchandise other than connected with service station operation would require a conditional use permit at any service statim. *a" A motion was made to send CUP-147 to the City Attorney to determine if the CUP is legally required, and, if so, does the service station have to meet all service station requirements. The motion did not carry. Commissioners Larson and Jose felt that the matter should be returned to staff for a report that aims itself at the conditional use permit for the gas station. A motion was made to continue CUP-147 to February 8th Planning Commission meeting for the purpose of having both staff and the City Attorney review the conditional use permit as to its appropriateness,of the action of bringing it before the Commission. NEW BUSINESS (5) Resolution of Intention No. 161 - Q overlay on M zoned property on east side of El Camino Real north of Palomar Airport Road. Mr. Bud Plender gave the staff report. A motion was made to approve the Resolution of Intention No. 161 to hold a public hearing for a Q overlay on M zoned property on the east side of El Camino Mal north of Palomar Airport Road. (6) Case No. ZCA-86, City of Carlsbad - Residential Estate Zone report to City-Council. Mr. Bud Plender gave the staff presentation. In answer to Commissioner L'Heureux's question regarding percolation testing for septic tanks, Mr. Tim Flanagan, City Engineer, said that in general in most subdivisions all lots ate tested at the final map stage; 40% would be required at the tentative map stage. In answer to the basic question as to whether or not two acre zoning would -ng !d of OTION YES OES BSTAIN BSENT OTI ON YES BSTAIN BSENT MOTION AYES ABSENT #== Ifr .. *" CITY OF C-ARLSBAD PLANNING COMMISSION MEETING JANUARY 25, 1978 PAGE 6 require more public facilities than one acre lots, Mr. Flanagan stated that the street system would not require extra lanes of roadway; He said the additional demand 'for water for fire protection is not significant as the. water system is the same for one acre as it is for two. beptic systems would not be much different down to the 15,000 sq. ft. lots. Gas .and electricity would not reflect a significant change. The items that may change would be street lighting, traffic lighting when vehicles 2 up to 500 a day. - Commissioner Jose stated that he felt that on two and a half acres one should be granted the opportunity of havint .more than two dogs and two cats. Messrs. Bud Plender and Mike Zander showed slides of rural areas where the zoning was from one-half acre upwarc Mr. Robert Sonneborn took exception to some of the areas shown by staff as not being good examples of a one acre rural subdivision and asked the Planning Commissioners to examine certain areas of rural subdivisions such as Gre Valley, Sun Valley and Monticello which he felt were excellent examples. He said that the Dawsons had sold their 230 acres to a subdivider on the other side of Toot: K for development of not larger than one-half acre parcel: with some at 7,500 &q. ft., .lots and that there were 10,00( sq. ft. lot developments on the other side with two and or half acre zoning on the third side which he said was a landlocked area without roads. He said he did not feel the Tootsie K should be impuned because of the one area of two and a half acre zoning. Mr. Sonneborn said he was tal about a zoning ordinance that the people of Carlsbad were going to use. Mr. Sonneborn said the EIR was predicated throughout on the basis that for the 187 acre Tootsie K there would be 187 lots of one acres if that was passed. He said the most the could possibly get out of that would be 120 lots. He does not feel there is a viable mark for two acre minimums in the rural area. He does not want to be tied to a lot averaging of 50%. He said he was asking the Planning Commissioners to agree with City Counci that one acre minimum should be used for rural type residential subdivision. Mrs. Russell Grosse, 5850 Sunny Creek, stated that they are interested in the development of two acre lot minimums and pointed out that the 250 acres represented by the petif that she had turned in plus the 187 acres of the Tootsie K represented a sizeable piece of land to develop in a rural atmosphere. She said she did not agree with Mr. Sonneborn' definition of "rural. " Based on two acre zoning she said there would be 50 homes on one acre sites and 45 on two or more acre sites and that it would include the 35 acre buffe zone in averaging. Patricia Collum, Campus Community Planner, 2085 Linda Lane, Carlsbad, stated that the Agua Hedionda Creek is unique - in California. She said the University has tried to protec that portion of the creek. while she said she could not comment on the economic viability of two acre lot zoning, she felt that if there was any place in the county deservin of two acre lot zoning, she felt that this had to be it. Commissioner L'Heurew stated that one of the benefits for large rural types of subdivisions is the possibility of continued agricultural use on some of it. He felt that the topography should be used as a guide and that the averaging viability would not be known until the Commissioners had a e n e ing PLANNING COMMISSION MEETING JANUARY 25, 1978 PAGE 7 subdivision before them since one development might be hilly and one on flat ground. He illustrated that in one area the one acre would be fine but in another three acres might be required. He'felt there should be as much flexib as possible to accommodate all types of situations that are unknown. He noted that CC&R's such as those used in Rancho Santa Fe provide more restriction than the zoning does . Commissioner Woodward agreed. Chairman Rombotis said he had looked at rural subdivisions and felt that the quality ones did not relate to lot size. He was not happy with the staff recommendation. Mrs. Grosse said that as far .as the Tootsie K is concerned the percolation tests will restrict the development even o an average of two acres because of the soil in the general area. Commissioner Jose said there was a need for a policy statement of what the Commission was trying to achieve as he could not see any point of having an ordinance nobod would want to use. He felt that there were people in San Diego County and people who would move here because of the two and one-half acre minimum. He said he could also see that a one acrecwpuld $e appropriate. Commissioner Woodward stated she liked Monticello because of the rolling hills, no fences, houses at different level, and noted that they did have speed bumps in the road to slow traffic . Commissioner L'HeureuX said he felt that minimum lot size and the averaging concept were all right but the question is the numbers involved. Chairman Rombotis said he was comfortable with one acre minimum and liked the averaging concept, but did not know at this time what the average should be. Commissioner L'Heureux said he would like to see heavy grading, cutting and filling avoided, which might mean a four or five acre parcel but then the developer would ge the credit to be able to.use the flatter land that will ta less grading and fill. Mrs. Grosse suggested lot averaging with no minimum to avo unnecessary grading. Commissioner Fikes stated that a definition of "rural concept" required clarification. The rural concept should be the guiding line rather than the lot sizes. Mr. Plender clarified that the zone was Residential Estate and that rural was a term used to describe the intent. *. 1 r: Y SI t .ke .ity Patricia Collum suggested that the zone be called HRE which would be applicable only where there are hillsides with a certain slope. A motion was made to adjourn ZCA-86 to a workshop meeting at 7 P.M. on February 15, 1978 for the purpose of clarifying what is meant by "estate" and the concept of rural that they are trying to achieve, and incorporating that statement into their recommendation to City Council. Staff is to noti: the City Co,uncil of this action. vlOTION 4YES 3SENT X X E E I X PLANNING COMMISSION MEETING JANUARY 25, 1978 PAGE 8 (7) Report - LCP Issue Identification Mr. Tom Hageman gave the'staff presentation. He said that 3 the City of Carlsbad was ,granted $4,000 to prepare 4 procedures for establishing development of the local . coastal program such as a land use plan, and an irnplementa plan for the coastal zone in the State of California. Commissioner L'Heureux asked it if'would be appropriate to include a map somewhere around pages 23-24 to show the specific access locations to make sure where the proposed bike route might be, the parking, etc. Also, on page 25 h suggested that staff may want to improve the parking and to provide more usable beach space for the general public. He asked if it would be appropriate to give the mitigating measures on pages 27 and 28 of the geologic hazards and develop some,kind of grading ordinance. A motion was made to approve the report LCP Issue Identification and that it be forwarded to City Council. (8) Special Use. Permit- County, for recreation area on El Camino Real and Olivenhain mad. Mr. Plender stated that this was for information and no action was required at this time. <% 8 'Sa.. (9) Conflict of Interest Statement with application The Planning Commissioners asked staff to prepare a questionnaire to be attached to application denoting the names of all owners not just the agent name on the application. This questionnaire is to be submitted for Planning Commission review. Meeting adjourned at 11:15 P.M. to Febraury 15, 1978 Workshop to discuss ZCA-86. In [OTION XES BSENT I X