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HomeMy WebLinkAbout1978-10-12; Planning Commission; MinutesCALL TO ORDER ......................... - *NOT OFFICIAL UNTIL * *APPROVED AT SUBSEQUENT *MEETING OF THE CARLSBAD* *El~~~~r~*EO~~~SS~Or***** CITY OF CARLSBAD PLANNING COMMISSION MINUTES OCTOBER 12, 1978 * The meeting was called to order at 4:OO PM, by Chairman Rombotis. ROLL CALL Commissioners' Present: Chairman Rombotis, Commissioners' Larson, Marcus, Schick, Jose, Wrench. Commissioner Absent: Commissioner L'Heureux Staff Present: James Hagaman, Planning Director; Bud Plender, Assistant Planning Director; Michael Zander, Associate Planner; Kent Whitson, Traffic Engineer; Frank Mannen, Administrative Assistant to the City Manager. CONTINUED PUBLIC HEARING: CASE NO. MP-l50(A) - LAKE CALAVERA HILLS, APPLICANT ROY WARD - Mr. Michael Zander, Associate Planner, presented a brief summary of the dis- cussions relating to this project thus far. Chairman Rombotis, asked the Commission if he could take things out of order and start with agenda item III.D.2., methods of Private Maintenance as there was people there to speak on those i tems . The Commission concurred and they began taking additional public testimony at 4:20 PM. The Commissioners first took a few minutes to review a memorandum from staff dated October 12, 1978, regarding Methods for Improvement and Maintenance. Edward Hayworth, representing Lake Calavera Hills, asked for clarification of the memorandum. Mr. Frank Mannen, Administrative Assistant to the City Manager, discussed the City Council policy regarding the maintenance districts. He stated that the various methods of open space maintenance outlined in the applicant's memo (Rutan & Tucker) on the subject was accurate but had been prepared prior to the passage of Proposition 13. He stated that there was some concern of whether or not the various methods of taxation for these maintenance districts would now be legal per the new requirements of Proposition 13. He also stated that no opinion had come from the City Attorney on this matter and that ultimately the courts would have to decide the matter. F Mr. Roy Ward, Applicant, indicated to the Comission that he would like to introduce Robert Harding, past president of the Homeowner's Association of St. Francis Court a condominium project in Lomas Santa Fe in Solana Beach to discuss the pros and cons of a homeowners association. c CITY OF CARLSBAD PLANNING COMMISSION MINUTES OCTOBER 12, 1978 PAGE TWO (2) ,- Robert Harding, past president of the St. Francis Court, Homeowners Association, 617 Camino de Clara, Solana Beach, Cay indicated that he had been the president for this association for 3 years. He outlined various problems with a home- owners association such as owner apathy and not having enough people and/or money to enforce the CC&R's properly. He suggested that an association would have to involve 500 or more dwell ing units to be viable. Roy Ward, Applicant, stated that he felt the 4 major issues on the open space maintenance consideration included: 1. Money to maintain and service. 2. Professional responsibility and CC&R enforcement. 3. Public or private 4. Liability Commissioner Schick, restated that he felt the proposed 1911 Act, if found to be legal, would still provide the best vehicle for open space maintenance. Michael Zander, Associate Planner, asked the comnissioners' to clarify their actions reaardina improvements and maintenance to these areas identified in the staff iemo dited'october 12, 1978. The Commissioners' chose to trail this - request until other matters on the agenda were completed. Michael Zander, Associate Planner, then moved on to agenda item III.D.l., regarding El Camino Real Circulation. Kent Whitson, City of Carlsbad Traffic Engineer,' explained the future projections for traffic on El Camino Real Circulation and Elm and Tamarack and then opened up his discussion for questions. Commissioner Schick questioned Mr. Whitson as to whether or not it would be an advantage to have an overpass at Elm or Tamarack at El Camino Real. Kent Whitson, Traffic Engineer, in response to Commissioner Schick's question indicated that it would not be an advantage. At this point the Commissioners stated that their concerns on this matter had been aleviated. Chairman Rombotis then went back to agenda item 1II.C.: - Review of proposed conditions of approval. This review began at the meeting of October 4, 1978, wherein the first 15 conditions of the staff report dated September 29, 1978, were reviewed. Condi ti ons /- 16. A statement shall be included in the Master Plan that there is no sewer service presently available and that all land uses approved in the Master Plan are subject to further City action as may be required by such sewer allocation system as the City Council may adopt. CITY OF CARLSBAD PLANNING COMMISSION MINUTES - OCTOBER 12, 1978 PAGE THREE (3) 17. 18. 19. rc- 20. 21. 22. - The applicant shall file written acknowledgement that there is no sewer service available at this time and that he is proceeding with this development at his own risk and that the City makes no representation that he will be able to go forward with his development or that sewer service will be available for the property. If the proposed satellite waste water treatment facility is subsequently approved to be located and developed within the area of this Master Plan, the applicant shall apply for a zone change from P-C to P-U for the land necessary for the sewer plant site itself. If said zone change is then approved, City staff shall administratively revise the Master Plan to make it consistent with the approved zone change. The City may have to initiate a Master Plan Amendment if it is determined that items such as odor easements , agriculture preservations, etc. , are necessary for the development of such a facility. (Commission found these conditions to be proper) One acre of land within new Village E-2 shall be offered for dedication to the City for public facility use. Said offer shall include a provision that if it is determined by the City that the site for pub1 ic purposes is not necessary, the area shall be allowed to develop privately. The proposal to formulate a public maintenance district for the private open space areas is denied and the applicant, in conjunction with the first development, shall establish a master homeowner's association for the purpose of maintaining all private open space areas and other facilities to be commonly owned by the community. (Cornmission tabled final decision on these two (2) conditions until a later date) The phasing schedule, attached as Exhibit E, dated 9/27/78, shall be included in the Master Plan. Development of the various villages and corresponding provision for the various public facilities shall occur incrementally as shown (i .e. , #1 before #2, #2 before #3, etc.). However, if provision is made for all of the public facilities listed under each phase (i .e. , full improvement of Elm and Tamarack, plus dedication of 10 acre park site, plus reservation of 10 acre school site with Phase I, etc.), the various villages within that phase shall be allowed to develop randomly. The minimum increment of future development (subdivision) review shall be each individual village. (Commission found this condition to be proper) The maximum cut or fill slopes allowed within the development shall be 2:l and no balancing or movement of dirt shall be allowed between villages separated by one of the major streets once that street has been improved. (Commission felt that this condition should be reworded as follows) CITY OF CARLSBAD PLANNING COMMISSION MINUTES c OCTOBER 12, 1978 PAGE FOUR (4) The maximum cut or fill slopes allowed within the development shall be 2:l or as approved by the City Engineer and no balancing or movement of dirt shall be allowed to cross one of the major streets once that street has been improved. 23. Discussion of the proposed "Architectural Advisory and Control Committee" shall indicate that this committee's responsibility shall only be those that are more restrictive than the minimum standards allowed by the City. The text should also indicate that this committee's approval shall be required on all building plans prior to review by the City. The CC&R's for this Master Plan shall be set up so no amendments to them shall occur without City approval and the City shall have the authority to enforce the CC&R's . (Commission felt that this condition should be split into two parts, one dealing with the Architectural Advisory Committee and one dealing with CC&R's. They then found the first part of the condition dealing with the Architectural Advisory Committee to be proper and asked staff to review the second part of the condition dealing with the CC&R's with the City Attorney). - 24. The text of the final Master Plan shall contain specific provisions for recreational vehicle storage on the property. A minimum of two acres in Village E-1 or E-2 shall be provided for RV storage and shall be dev- eloped per the requirements of Section 21.45.120(6) of the Carlsbad Municipal Code. (Commission found this condition to be proper) 25. The maximum grade established for all bikeways shall be 7%. (Commission felt that this condition should also state "or as approved by the City Engineer"). 26. The width and location of the open space corridors shall be as shown on the "Landscape Open Area Plan", attached as Exhibit C, dated 9/27/78. A deviation of ten percent (10%) shall be allowed when determining said width and location. (Commission felt that this condition should be clarified to state a plus or minus deviation would be allowed, that the condition does not preclude additional open space than that shown, and that the minimum width of the identified open space corridors would be 15'). 27. The sign program contained in the final Master Plan shall reflect the following: a) The design motif of the four entrance signs shall utilize wood and F indigenous rock as major components. CITY OF CARLSBAD PLANNING COMMISSION MINUTES - OCTOBER 12, 1978 PAGE FIVE (5) Also, the entrance signs shall be incorporated with walls erected for sound attenuation at the four entrances into the community. b) The permanent directional signs shall utilize wood and indigenous rock as major components. The styling and location criteria used shall be similar to the directional sign program utlized in Lomas Santa Fe and La Costa. c) Temporary directional signs for sales programs shall be governed solely by Chapter 21.41 of the Carlsbad Municipal Code. (Commission felt that the second sentence under sub-item (b) should be deleted and concurred with the condition as revised.) 28. 29. 30. 31. 32. 33. Church sites within the Master Plan area shall be limited to Villages D, E-1, E-2 and 1 or K and shall have access to one of the three arterials. (Commission concurred with staff and applicant that this condition was confusing and should either be re-written or deleted). The design criteria for grading and slope design contained on pages 14, 15, 55, 56, 57, 58, 59, 60, 61, 62, 63 and 64 of the draft Master Plan shall be incorporated into the final Master Plan document as standards unless otherwise amended by the Planning Director. The design criteria for noise attenuation contained on pages 82-86 of the Master Plan shall be incorporated into the final Master Plan document as standards unless otherwise amended by the Planning Director. (Commission found these conditions to be proper) Prior to City approval of Villages E-2, K or L, the applicant shall submit a program to provide low income housing and housing for the elderly to the satisfaction of the City. (Commission found that this condition should be deleted until the City adopts a ci ty-wide program for low/moderate income housing) . The final Master Plan shall contain development standards for those villages proposed by the applicant for equestrian estates to the satisfaction of the Planning Director. Design criteria for the proposed bike paths and equestrian pedestrian trails shall be included in the final Master Plan document to the satisfaction of the Planning Director. Said criteria shall be such as to encourage the everday use of the trails and paths as an a1 ternative mode of transportation. The criteria shall also provide for bicycle racks and related facilities in the commercial center, parks, and similar areas to encourage the use of that transportation mode. (Commission found these conditions to be proper) CITY OF CARLSBAD PLANNING COMMISSION MINUTES PAGE SIX (6) c OCTOBER 12, 1978 34. Provision for the rough grading and interim landscaping of the various park sites (Villages F, N, R-2 and Y) at time of adjoining development shall be included in the final Master Plan document to the satisfaction of the Planning Director. (Commission tabled this condition until a later date) 35. Prior to the issuance of grading permits for the various vi 1 lages, provisions, to the satisfaction of the City Engineer, shall be made for the following: a: b. C. d. e. f. 9. h. i. j. k. Regulation of the use, storage and disposal of all fuels, oils, petroleum and chemical products used on the construction site. Site specific soils investigations with recommendations for control of potential problems as a result of expansive soi 1s. Limitation of grading to the minimum area necessary to instal 1 streets and prepare construction pads. Avoidance of clearing operations in advance of grading. Coordination of grading activities with the local precipitation pat tern. Construction of drainage facilities concurrently with grading activities . Watering and rolling of the final surface to form a hardened, compacted cap of soil which will minimize dust and erosion due to surface runoff. Grading of surfaces so as to direct runoff toward planned drainage and, if possible, away from cut and fill slopes. Planting and maintenance of ground cover suitable for slope erosion control immediately following. Phasing of grading activities over the life of the project to provide a transition of habitat. Limitation of grading operations in the project area to normal daytime working hours. 36. Prior to the issuance of building permits for the various villages, provisions, to the satisfaction of the Planning Director, shall be - made for the following: a. Installation of flow restrictors in all basic fixtures. CITY OF CARLSBAD PLANNING COMMISSION MINUTES OCTOBER 12, 1978 PAGE SEVEN (7) r . b. C. d. e. f. 9. h. i. j. k. Use of "mini-flush" toilets. Landscaping using drought-resistant trees and plants. Installation of drip irrigation systems using tensiometers or other acceptable systems. Architectural design which reduces or treats window and door openings and takes advantage of winter sun and summer shade. Insulation for all structures according to state standards. Solar heating for both space and water heating; or if not tech- nologically feasible at the time of construction, 'stub-outs' for ultimate conversion to solar heating. Landscaping using deciduous trees (to shade in summer and allow sunlight in winter) and windbreaks. Retention of natural vegetation in the open space areas wherever possi bl e. Retention of existing eucalyptus trees wherever possible. Retention of as much Adolphia and Dichondra as possible within the various open space areas. (Commission found these conditions to be proper) 37. Prior to the issuance of any grading permits, provisions for protection of significant archaeological resources on the property shall be completed to the satisfaction of the Planning Director as follows: a. Direct on-site impacts: 1) Prepare a surface map of the artifacts and associated ecological information. 2) Excavate a test sample of the area to determi ne the nature and extent of any subsurface component. One such test which has been proven successful in similar situations is the systematic reti 1 inear posthole test. 3) Based on the information resulting from this investigation, additional testing can be designed, if needed. This second phase of testing should be oriented toward obtaining a re1 iabl e sample of the site area and in assessing the variation present within the deposit. Based on the results of this examination, it may be necessary, a1 though unlikely, to perform additional inves- tigation, or to recommend differing mitigating procedures. CITY OF CARLSBAD PLANNING COMMISSION MINUTES OCTOBER 12, 1978 PAGE EIGHT (8) - 4) A report should be prepared summarizing findings and dis- cussing the interrelationships of the site materials and other sites found in the region. 5) A1 1 work should be extensively photodocumented. 6) Copies of notes, photographs, records and the final report should be submitted to local data depositories. 7) All work should be performed by a qualified Archaeologist in conjunction with the latest acceptable scientific procedures. b) Indirect on and off-site impacts - any of the following: 1) Limit access to sites by placing barriers around the project area. 2) Place fill over site areas. 3) Excavate the sites and achieve their information potential. (Commission felt that sub-item (a)(7) should be placed as the first condition under (a) and concurred with this condition as reordered) h 38. Prior to the approval of any tentative subdivision map adjoining Elm Avenue, Tamarack Avenue or College Boulevard an assessment of the potential noise impacts shall be made by an acoustical engineer. The engineer shall ten prepare a report containing recommendations on how to mitigate any identified noise impacts. The design of an impacted subdivision shall be consistent with these recommendations. 39. The site development plan for Villages E-1, E-2, and K shall include provisions for transit stops to the satisfaction of the Planning Director. (Commission found these conditions to be proper) Roy Ward, Applicant,. asked the Commission to add the following two (2) new conditions : 40. The City shall seek the authority to approve and maintain the improvements of Tamarack Avenue between El Camino Real and the project site. 41. Dual water systems shall be installed. Michael Zander, Associate Planner, stated that conditions 3R,8, 19, 20 and 34 had been held over for further discussion. He explained that these conditions basically centered around the issues of maintenance and the rec- ommended slope to lot area formula with the exception of condition no. 19 P which dealt with land being provided for public facility uses. Staff has suggested that the land be offered for dedication to the City and the applicant felt the land should only be set aside for a period of time and made available CITY OF CARLSBAD PLANNING COMMISSION MINUTES OCTOBER 12, 1978 PAGE NINE (9) f- to the City if they wished or needed to purchase it for public facility uses. After further discussion the Commission moved to only require a reservation of the land. They stated that this would be as far as they were willing to go without further guidance from the City Council. Staff was directed to reword condition no. 19 accordingly. Due to the lateness of the hour it was decided to continue this public hearing to Thursday, October 19, 1978, at 4:OO PM in the City Council Chambers. THE MEETING ADJOURNED AT 7:OO PM