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HomeMy WebLinkAbout1978-05-10; Planning Commission; MinutesPlanning Commission Minutes City Council Chambers May 10, 1978 Page One (1) 1 """"I__ . ~ "_ - .- -*"".""""-_I_ """."" 1 .- CALL TO ORDER - 7:OO P.M. ROLL CALL - Commissioner Yerkes absent. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES A motion was made to approve the minutes of April 26, 1978, with the following correction: Under Approval of Resolution No. 1442, show that Conmissioner L'Heureux ABSTAINED. PUBLIC HEARINGS [Continuedl (1) Case No. CT 78-1, Robert A. Duffy - Request for a tentative subdivision ma^ for a 24 unit air mace condominium on property ienerally located on ihe north side of La Costa Avenue between El Camino Real and Viejo Castillo Way. Mr. Don Rose, Associate Planner, gave the staff presentatio1 Commissioner Jose, in reference to recreation, pointed out that the golf course adjacent to the proposed project was a private one and could not be considered as recreation, as far as the development 'was concerned. Mr. Rose responded that it is true, there is no on-site recreation, and that the mention of a golf course was simply to note its availability. Commissioner Larson inquired about the automatic garage door openers and questioned their safety in an area where there is limited back-up and turn-around space. He also inquired about the angle of the driveway. Chairman Rombotis pointed out that it was an alignment off of La Costa Avenue, and not a verticle break in grade. Conmissioner Woodward asked how the applicant would be affected were the application denied or continued. Mr. Rose replied that the' applicant could re-apply as soon 2 he felt he could gain approval of his project and that woulc require resubmittal of a pew map and payment of the fee again. He said that if continued, it would have to be continued to a specific date. He explained that if the city were to adopt a school fee ordinance, that would not guarantee compliance with the General Plan Public Facilitiez Element. Me said that there would have to be a policy decision between now and then.to clarify that. Mr. Rose stated that it was his understanding that the Counci.1 would have to discuss whether or not the Public Facilities Element was intended to be a mechanism for collecting school fees as a tool to manage development. Mr. Nick Banche, Attorney, 3464 Ridgecrest, Carlsbad, representing the applicant, Mr. Duffy, addressed the Commission. He stated that he felt that the real issue was the inability to produce school availability letters. He stated that he didn't feel that SB 201 was intended to give school districts control over growth in the areas from which they are obligated to accept students. He said it was his understanding of SB 201 that a district, having made the required findings, then places a requirement on the city to either cane up with an ordinance, or to make over- YTION: ECOND: ES : b OF C"\RLSBAD Planning Cormnission Minutes City Council Chambers May 10, 1978 Page Two (2) - " ". ." - riding social findings, and that since Carlsbad has always had an ordinance assisting the districts, SB 201 actually did nothing for Carlsbad that hasn't been done in the past. He felt this opinion was, shared by everyone but Mr. Lindstrom in Encinitas. He then described his dealings with the Encinitas School District explaining to the Commission that until two days prior, he was under the impression that a letter of availability was forthcoming. He mentioned that his client had 12 sewer connections. He asked the Commission to make a finding that with the exception of the availability letters, the project met whatever requirements set forth and the project should otherwise be permitted to go forward. Conmissioner L'Heureux asked, assuming the city had no school fee ordinance in connection with SB 201, were there any overriding social, economic or physical factors to be considered. rr Mr. Banche replied that no, there was not. Commissioner Woodward asked if he could explain the fact that the project did not comply with the Public Facilities Element of the General Plan in that "all necessary services and facilities" were not available, concurrent with need. She further .stated that the schools were overcrowded. Mr. Banche stated that he didn't agree with the 'over- crowded finding. Commissioner Woodward stated that she had children attendin school there and there are approximately 24 children per cl Mr. Banche said that he didn't consider 24 children per class to be overcrowded, especially when other schools, perhaps not-as near, were not at capacity. Chairman Rombotis asked if the request was for 24 units or 12. Mr. Banche answered that it was for 12 units, Phase I. Commissioner L'Heureux stated that he had problems on two fronts with this project. The first problem was with the public Sacilities- element, assuming that can be satisfied; but also, he felt there were grave problems wit1 the design of the project, and even if school agreements were forthcoming, he would probably vote againstit on design alone. He reiterated the design problems brought up by the commission, i.e. parking,:location Of buildings, and space between buildings. In reference to public facilities, he stated that while SB 201 may not have been intended to allow school districts to legislate and/or control cities, that may be the net affect until there is some clarification legislation, or court decision. He stated that he was extremely reluctant to establish a pre- cedent in this type of situation indicating disregard %or the findings by the City Council and the school district that the overcrowding does exist, and indicating to them that even though the city does not have an ordinance in compliance with SB 201, the Commission will disregard both the legislative mandate and the City Council and school district findings and approve the project anyway. Mr. L'Heureux acknowledged and appreciated the fact that the applicant had been so willing to cooperate with staff, even to the extent of offering to make the project an adults only'project to eliminate the possibility of school age children and that apparently that had not satisfied ?= CITY OF C"'?\RLSBAD Planning Commission Minutes City Council Chambers May 10, 1978 \' Page Three (3) \ L T the school district. Commissioner Larson agreed with Commissioner L'Heureux and said that he did not see, with the lack of a school I fee ordinance, and with no overriding social factors, that there were but two possibilities before the Commission: Denial or Continuance. Commissioner Jose agreed as well and added that he appreciated the cooperation of the applicant but felt that there were still problems such as the parking situation an the garage door openers and said that he could recall other projects where the city eventually had to take over and police the problems and he wouldn't want that to happen again. Chairman - Rombotis said that he felt it would be appropriate, despite what was decided, to send a minute motion to the Council to request expedition of the school fee ordinance with all due haste so that no future applicants would be put in this position, where it is burden to them and where they have a sewer permit which will soon run out. Commissioner L'Heureux requested an opinion from the City Attorney on two questions: 1. Even if there is an adopted policy by-the Council, can the school'district still find the overcrowding; and, 2. Would it be possible in the long term,basis to approve projects even in view of findings by the school district that there is overcrowding for instance, in situations, again, where projects are adult-only and would not impact the school district, could the Council and/or Coninission make a finding that the project would not impact the school district? Mr. Banche in response to a question by Chairman Rombotis said that he would prefer a denial over a continuance because that way he might be able to get a policy decision from the Council sooner. He asked to clarify that when Commissioner L'Heureux asked him earlier about overriding social considerations, he was assuming that there was no ordinance and that was incorrect because there is and has been for some time. " Commissioner L'Heureux stated that prior to SB 201 the city was on shakey ground in requiring school fees to be p' in that there really was 1. no legal .mechanism for doing so. Mr. Hagaman, Planning Director, stat&-that he_ would like to clarify that the General Plan Public Facilities Element is not a tool for the collection of fees as was being implied. He pointed out that what it refers to is the availability of public services and that collecting fees in.no way indicates that it meets the Public Facilities Element of the General Plan. A motion was made recommending to the City Council that CT 78-1 be denied on the basis that there is no finding that the Public Facilities Element can be satisfied, and pursuant to SB 201. (2) Case No. ZM'-95, Wild Animals - Request to approve a Zone Code Amendment to revise the regulations applicable to wild animals and private zoos. Mr. Don Rose gave the staff presentation wherein he' introduced Mr. Encil E. Rains, Director of the Animal Cont L d Y ail I ( I rol I- WTION : SECOND : 4YE S-: \ \ \', 1 \\ '\ < 1 ! \ CITY' OF C;-d?LSB'AD Planning Commission Minutes City Council Chambers May 10, 1978 Page Four (4) . ".." "" - Department of the County of San Diego, to answer any 1 questions regarding county regulations. . I.. Commissioner Larson asket about the number of animals z per square feet. Mr. Rains said that was not an element of consideration in the keeping of animals, that his department issued permits for single animals and inspected facilities for private zoos to see that the animals were properly cared for and confined. Commissioner L'Heureux asked if by adopting the proposed ordinance the city woiild also be adopting the San Diego ordinance. Mr. Rose responded that was correct. Commissioner L'Heureux asked who would police the keeping of wild animals Mr. Rose responded that the county does regulate the keeping of wild animals in the City of Carlsbad. In the matter of private zoos, the city will adopt the county's wild animal permit and the Special Use Permit. He said the city would, in addition, require a CUP, in order to remove or revoke a permit for a private zoo, but that when it came to one wild animal, the city would not be a party to that permit. Commissioner L'Heureux asked'what the procedure was when a person has a permit revoked. Mr. Rains said that when a permit is denied or revoked the person can take his grievance to an appeals board. He added that a wild animal cannot be brought in to the County of San Diego and all that the ordinance under consideration was concerned with was granting permits to animals already in the county. Chairman Rombotis.asked for the definition of a wild animal. Mr. Rains defined wild animals as animals which are either domesticated or found in domesticated areas. A motion was made to approve ZCA-95 to revise the regulations applicable to wild animals and private zoos. (3) ZCA-96, Chinchillas and Household Pets - *Request to approve a Zone Code Amendment to revise the permitted use regulations regarding the keeping of chinchillas, dogs and cats. Mr. Rose gave the staff presentation. Commissioner Jose again related that he had been infonned that in order for the county to pick up stray dogs, the city has to adopt the same ordinance as the county and the county permits a residence to have six dogs. Mr. Rains said that the county did allow six dogs per residence but that the city could modify that in any manner it desired and the county would still pick up stray dogs. A motion was made to approve ZCA-96 to revise the permitted use regulations regarding the keeping of chinchillas, dogs and cats. DTION: iECOND: ,YES : OTION: ;ECOND: LYES : BSTAIN : May 10, 1978 \ 'Page Five (5) "-" - _.- -- (4) ZCA-94, Condominiums, Condominium Conversions - .I Request to approve an amendment to Title 21 of the Carlsbad bnicipal Code to add L regulations concern'ing condominium standards and condominium conversions. Mr. Bud Plender, Assistant Planning Director, mentioned that the Site Development Plan had been discussed earlier and that staff felt it was the key of the entire ordinance. Chairman Rombotis said that the common flaw he noted, in touring different sites, was parking. Mr. Fred More suggested that rather than listing all the -Commission ought to address simply the differences between condominiums and apartments. He added that the staff should consider how far they wanted to go in setting up the Commission as a design review board. Chairman Rombotis stated that the question then, was, is the Q zone necessary, or the site plan review, or would a simple parking ordinance or basic standards suffice Mr. Rose said that he felt it was possible to set general standards that could allow the architect to be creative and still allow. the Planning Commission' to review it. Mr. Morey asked why this should be done with condominium and not apartments. Mr. Hagaman answered that the staff had to start somewhere. Commissioner L'Heureux said he felt the staff,needed the flexibility to have discretionary ability; otherwise, he said, the Corrmrission would just become a rubber stamping body. He said he felt the Q zone worked and that the concept of same was imperative. Commissioner Jose said he felt the Q zone has given the control to the City Planning Department, Planning Commissia and City Council that was needed to make changes to site development.plans. He said he was in favor of the Q zone, even though he could see where it could stand some modi- f icat ion. Commissioners Larson and' 'Woodward'also agreed that the Q zone works. Chairman Rombotis said he felt that if stmdards were developed, the Q zone would not be necessary. He said he felt the Q zone could be improperly applied and he would rather see other developmental standards. Mr. Plender said that as far as setbacks go, the PUD ordinance, the Curb Cut Standards and Condominium ordinance would all be incorporated. Chairman Rombotis asked that the Commission recognize the implications of the required number of parking spaces, covered or not. He also pointed out that in Section V, No. 4 the words "visible from"shou1d be changed to "adjacent to". Conmissioners Larson and Rombotis felt the recreational vehicle storage requirement could be eliminated. "" .. \ Planning Commission Minutes City Council Chambers May 10, 1978 Page Six (6) ' - "- c_ "- "" _______ - Commissioner L'Heureux said he felt it was important. Chairman Rombotis mentioned that he felt corridor was sometimes confused with building separation in the legal building code definition. r. Commissioner L'Heureux asked if he felt that there should be no opening unless i't was 15'. Chairman Rombotis said he felt that would be better than having a blank 15' requirement. Comissioner Larson, on pedestrian walkways, said he felt it was excessive to require walkways along all streets and driveways. Chairman Rombotis suggested that instead a finding that adequate pedestrian circulation was provided could be required. Mr. Morey stated that the requirements in the condominium ordinance, as proposed, would make condominiums more expensive than ever and he asked that the City Attorney review the ordinance before it was brought to the Commission again. A motion was made to continue ZCA-94 to the June 14 meeting. PUBLIC HEARINGS (New1 (5) CUP-150, Terrel Richardson - Request for a Conditional Use Permit to allow -a community facility (Carlsbad Girl ' s Club) to locate in a residential- zone. Mr. Don Rose gave the staff presentation, making the following corrections in the staff report. P. 5, Condition No. 9 should read "A method satisfactory to the City Ehgineer" rather than "A tentative map'!. Condition No. 10, following "review by the Planning Commission" it should read, "within one year". Commissioner L'Heureux, in reference to Condition No. 4, asked staff if they had a,particular type of wall in mind (brick, masonry, etc.) and what the purpose of the wall was. Mr. Rose answered that the wall would have to be constructed so that it was substantial enough to serve its purpose which would be to buffer the noise and make the club compatible with the surrounding area. Commissioner L'Heureux asked haw many restrooms were in the house and how many were required for a use of this type; Mr. Rose said that he believed the house presently had one restroom and the number of restrooms required would be a building code requirement. He said the building would have to be checked by the building inspector and fire marshal Commissioner Larson asked about the parking requirement of 16 spaces and how that could fit on a single residence lot. Mr. Rose explained how they could fit, with the help of OTION : SECOND: !YES : .CITY' OF C"iRLSB'AD Planning Commission Minutes City Council Chambers Page Seven ( 7) . "- "" - . a wall exhibit. . _I Mr. Ross Spaulding, 4120,Trieste Dr., Carlsbad, member of , the Board of. Directors of the Girl's Club, addressed the . Conmission. He stated that the application was requesting a CUP for the house, and not the adjoining lot or the. lot in back. He explained that.with more and more girls, the present house was overflowing and they want to use the house under consideration for an administrative center and also for activities such as arts and crafts. He explained to the Commission that their organization did not have funds from United Fund or the like and could.not possibly meet some of the conditions outlined in the staff report. He said they would still use the parking along the park which was more than adequate. Mr. Rose said that he did not feel it was possible to confine the CUP to the dividing line of the house. Mr. Plender said that it was his understanding that the application had to go to the property lines. Commissioner Larson asked if it would be possible to procesz a Variance request to reduce the amount of parking and whether this would come before or after the CUP. Mr. Plender replied that it would come before or concur- rently. Cormnissioner L'Heureux asked.the applicant what other problems he anticipated in bringing the house up to code with reference to fire and/or building. Mr. S auldin answered that he did not know since there had + not yet een a fire and building inspection.. He said if they were required to put in x number of bathrooms, a certain type of firewall, etc.. that it would be out of the quest ion. Chairman Rombotis asked if he thought it would be possible to come up with a schedule for capitol improvements w,ithin one year. Mr. Spaulding answered yes. Comn-iissioner Larson asked about the sundeck on the house and suggested a condition be added to preclude the girls from using it, for their 'safety and for the privacy of the adjoining houses. .- Mr. Spaulding said he would agree to that. Mr. Charles E. Tuck, 3374 Eureka Place, Carlsbad, addressed the Commission, He said that he owned the home next to the proposed Girl's Club. He related that at times he was unable to converse with guests when the piano was playing and the girls were singing. He said that his main concern was the fire hazard because there were high weeds all around the house and pine needles. He also mentioned a problem of the girls coming over on his property and agreed that the fence would be very helpful in reducing some of the noise. Mr. S auldin said he would be happy to remove the piano to *ouse and use this house for the quieter activi- ties, such as arts and crafts. " -. . ;CITY OF C",RLSBAD Planning Commission Minutes City Council Chambers May 10, 1978 Page Eight (8) -. " "l__""" "- Chairman Rombotis asked if Mr. Spaulding would object then to conditions precluding the use of the piano and the sundeck and Mr. Spaulding said he would not. c Commissioner L'Heureux stated his difficulty with the application. He said he was sympathetic to the plight of the Girl's Club and that he could perhaps rationalize waiving the parking and fencing, but that he would hate to go on record as doing so and then having the application fail somewhere down the line due to the building or fire regulations. He said he would like to see more information on, whether the applicant could' comply with whatever require- ments placed on them from fire and/or building. He further questioned whether the Girl's Club understood the implica- tions of Condition No. 2 on future street improvements. He also suggested that there be a condition referring to hours of operation, and he stated that the wording of Condition No. 8 was vague. A mtion was made to continue CUP-150 to the May 24, 1978 meeting for the purpose of receiving a fire and building inspection report and considering additional conditions to restrict the use of the balcony, hours of operation and use 02 the piano. Chairman Rombotis requested that a Resolution of'Appreciatio be written for Dr. Fikes. There being no further business to come before the Commission, Chairman Rombotis declared the meeting Adjourned at 10:45 P.M. 1 KITION : BCOND: XES :