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HomeMy WebLinkAbout1979-04-25; Planning Commission; MinutesPLANNING COMMISSION MINUTES CITY OF CARLSBAD April 25, 1979 Page I. 11. 111. IV . One (1) CALL TO ORDER NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF CARLSBAD PLANNING COMMISSION The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. ROLL CALL Commissioners present: Chairman L'Heureux, Commissioners Rombotis, Marcus, Jose, Larson, Schick Commissioners absent: Commissioner Wrench Staff present: James C. Hagaman, Planning Director; Bud Plender, Assistant to the Planning Director; Dave Abrams, Associate Planner; Brian Milich, Assistant Planner; Ron Beckman, Director of Public Works; Les Evans, City Engineer; Dave Hauser, Engineering. AGENDA ITEM COMMUNICATIONS A. A memo regarding PDP-2, Lake Calavera Hills was distributed, suggesting that the item be continued pending City Council determination on policy issues.- B. A memorandum from the Plannins Department in answer to the complaint by the Carlsbad Mea&ows- Homeowner ' s Association was distributed. - C. A memo regarding Planning Commission Resolution No. 1503, ZCA-105, Nonconforming Uses, was distributed. D. A letter from Mr. and Mrs. Joseph Levantino in regards to CT 79-1/CP-3 was distributed, indicating concurrence with the project. - E. Mr. Roy Ward, applicant for Lake Calavera Hills Associates, 1207 Elm Avenue, Carlsbad, indicated that he has reviewed staff's memo regarding PDP-2 and was in general concurrence with same. He urged the Commission to move forward as quickly as possible upon receipt of the City Council's policy considerations. CONTINUED PUBLIC HEARINGS A. V-288/MS-391, Castaneda, to reduce the required lot width from 60' to 53'; and to reduce the required side yard from 5.3' to 4'; to allow a panhandle that is 346' instead of the maximum of 150' " Mr. Dave Abrams presented the staff report. Commissioner Rombotis asked if the Fire Marshall had reviewed the change in regards to the concerns raised at the last Planning Commission Mi.””,es April 25, 1979 Page Two (1) rc Planning Commission hearing. Staff replied that the Fire Marshall has indicated that adequate fire protection can be afforded to the two rear lots. Mr. A1 Ruden, the consulting engineer, indicated that the applicant is in concurrence with the conditions as outlined in the staff report. THE PUBLIC HEARING OPENED AT 7:lO P.M. Kitty Shirley, 1199 Magnolia, expressed concern regarding main- tenance of the easement. She indicated that any work done to the easement up to this point has been done by her, and she would like some assurance that the drive will be maintained in the future. She was particularly concerned with the possible damage resulting from the movement of heavy equipment during the construction stages of the project. Mr. Bob Sonneborn, 3985 Stelle Mares, reminded the Commission that Title 834 mandates that those persons using such easements are required to maintain them in good repair. He further noted that the applicant is willing to repair any damage done to the drive upon completion of construction. He added that one of the conditions of approval is that a concrete drive be provided, thus upgrading substantially the present easement drive. Mr. Sonneborn indicated that the applicant would be willing to join with the other property owners using the easement in order to facilitate the future maintenance of same. - THE PUBLIC HEARING CLOSED AT 7:20 P.M. WITH NO FURTHER TESTIMONY. The Commission discussed the possibility of adding a condition of approval necessitating a formal, written agreement by and between the property owners, for the continued maintenance of the drive. It was decided that the imposition of such a condition would create a hardship for the applicant. Chairman L’Heureux indicated the need for an added condition assuring that at all times during the construction of the project the easement will be negotiable. rc A motion was made approving V-288/MS-391 based on the findings and conditions as referenced in the staff report dated April 25, 1979, and with the additional conditions that the concrete driveway will be installed upon completion of the construction of the project (an amenhent to Condition #2 of MS/391) and that at all times during said construction that passible access will be maintained to all rear properties served by that easement. (new condition) APPROVED MOTION : Jose SECOND : Rombotis AYES : L’Heureux, Rombotis, Schick, Larson, Jose, Marcus Planning Commission Mir”.es April 25, 1979 Page Three (3) rc B. PDP-2, Lake Calavera Hills Sewage Treatment Plant Chairman L’Heureux explained that the City Council had requested that the matter be removed from this agenda and tabled until such time as the Council has had an opportunity to formulate appropriate policy considerations. At that point in time the matter may be set for hearing along with a review of 232-203 which was acted upon by this body at the April 11, 1979 meeting. If, after review of ZC-203 it is determined that applicable changes are necessary, the matter will be renoticed and set for public hearing. He further noted that the Council is set to hear the matter on May 1st and may continue it to a special meeting on May 8th. THE PUBLIC HEARING OPENED AT 7:30 P.M. WITH NO PUBLIC TESTIMONY. A motion was made continuing PDP-2 to May 23, 1979, pending City Council action, and to review the action taken by this body on ZC-203 in light of said Council action. CONTINUED MOTION: Rombotis SECOND : Jose AYES : Rombotis, Schick, Marcus, Jose, Larson ABSTAIN: L’Heureux Commissioner Rombotis indicated that he would not be available for the May 23rd meeting. V. NEW PUBLIC HEARINGS A. v-291, Von Elten, to reduce required parking for a condominium from 183 spaces to 128.- Mr. Dave Abrams presented the staff report. Commissioner Jose asked if provision for the storage of recreational vehicles had been made. Staff indicated that no such provision has been made. Commissioner Schick related concern regarding the lack of appropriate parking space. Mr. Frank Mola, the applicant, indicated that 16 additional parking spaces could be provided at the top portion of the property. He related that the Condominium Ordinance, as written, provides the same number of parking spaces for a one bedroom unit as for a four bedroom unit, and stated that the larger unit would undoubtedly ownership unit, most of said units would be occupied by singles and small families. He further related that the complex had been designed for adults only and that they anticipated no children. I_ generate the need for more parking. He indicated that, as an Pl'anning Commission Mi" tes April 25, 1979 .Page.- Four ( 4 ) Mr. Mola further indicated that they have acquired that property to both the North and South of the project, and would like to see at all developed as condominium units. He asked that if the Commission could not approve the project as submitted, that the matter be continued to allow further work with staff in regards to the parking situation. Chairman L'Heureux asked if Swallow Lane is to be signalized. Mr. Mola related that there are no provisions for the signalization of Swallow Lane at this time, but that they will install a signal at such time as it becomes heavily traveled. THE PUBLIC HEARING OPENED AND CLOSED AT 7:50 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Larson expressed concern regarding the lack of appropriate parking spaces, especially in relation to visitor and guest parking. He related his fear that such a lack would promote double parking and lead to considerable traffic conjestion. Chairman L'Heureux read into the record the letter of Mr. and Mrs. Levanto indicating their approval of the proposed project, and urging the Commission to approve same. Commissioner Rombotis indicated his concurrence with Commissioner Larson coupled with an additional concern for the lack of parking for Recreational Vehicles. /- Chairman L'Heureux referenced the lack of appropriate findings for approval of this variance, expressing reluctance to deviate from the policy established by the City Council in the Condominium Ordinance. He indicated that in order to find a variance there must be very exceptional circumstances, which do not exist herein. Commissioner Marcus concurred with the opinions of Larson, Rombotis and L'Heureux, and indicated that parking is always a problem, even in the best of developments. A motion was made DENYING V-291, for the reasons as set, forth in the staff report, dated April 25, 1979. DENIED MOTION: Rombotis SECOND: Jose AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson B. CT 79-3/CP 79-3, Von Elten, for the conversion of an 80- unit apartment complex to condominiums. ". F Mr. Dave Abrams presented the staff report, recommending denial based on a lack of parking. He indicated that all other require- ments of the Condominium Ordinance had been met. Planning Commission Mi.”’tes April 25, 1979 Page Five (5) r Mr. Mola, representing the applicant, asked that the matter be conti’nued to the next meeting. He believes that they can satisfy the requirements of the Ordinance since they control the property to the North and South of the project. THE PUBLIC HEARING OPENED AND CLOSED AT 8:05 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Rombotis related that he would like to see the Site Plan, and urged that R.V. storage be included. Chairman L’Heureux reminded the applicant that numbers of spaces alone does not assure approval. He would like to see not only adequate parking, but also easy access to the units, with no awkward approaches. A motion was made to continue CT 79-3 and CP-3 to the May 23rd meeting. CONTINUED MOTION: Rombotis SECOND : Jose AYES: L’Heureux, Rombotis, Schick, Marcus, Jose, Larson C. PDP-1, Encina Power Plant, Pollution Control Facility treatment. - Commissioner Rombotis indicated from participation or voting on to expand the Encina Water and upgrade to secondary that he would be abstaining this item as he would directly benefit from any additional sewer capacity provided within the City. At this point Commissioner Rombotis left the Council Chambers. Chairman L’Heureux announced that the Deputy City Attorney had rendered his opinion regarding a conflict of interest of the Commissioners as pertains to this agenda item. It is the opinion of the City Attorney’s Office that no conflict of interest exists, and that any additional allocation of sewers will be rigidly controlled by some sort of allocation system. Mr. Brian Milich, Assistant Planner, presented the staff report, adding an additional condition, as follows: #16. Special provisions to control dust generated by grading activities, shall .be approved by the City Engineer prior to the commencement of grading. Mr. Les Evans, City Engineer, former General Manager of Encina Joint Powers Sewage Treatment Plant, reminded the Commission that this is the same project the City has been working on since 1972.related ‘ ,c obtaining a noise study at the property line in evening Planning Commission Mi:";es April 25, 1979 Page Six (6) e The project was originally approved in 1975, but construction was delayed when the action was appealed by the Sierra Club. In 1978 the Environmental Protection Agency and the Coastal Commission approved the project with certain condition of air quality. Mr. Evans related the necessity of obtaining a noise study at the property line, during evening hours, with appropriate adjustment to staff's condition #7 to reflect the actual ambient noise level. Other than that the applicant agrees with the terms and conditions contained in the staff report dated April 25, 1979. Commissioner Larson asked if the noise level was expected to greater or less than the 65 decibles sited in the General Plan. Mr. Evans responded that the noise level at the property is so great due to the freeway, that plant generated noise may prove to be meaningless. It will cost money to insulate the equipment for noise, and they can make the machinery as quiet as the Commission warrants, but they would hate to make it any quieter than is absolutely necessary, for cost purposes. Commissioner Schick 'asked if any subsequent improvements are being incorporated into the certified EIR of 1975. Mr. Evans indicated that the basic changes are that we no longer will be using a bio filtration process as described in the original EIR, and are now using an activated sludge process which is much less susceptible to odors. In addition, the odor control system has been revised. Bio odor control towers, as referenced in the original EIR, have been much improved. Those towers will now be backed up by activated carbon filters. Gas management measures have been taken, now going to co- generation of power for energy savings. Water reclamation has been considered, but is not justifiable at this time. The plant has been designed to accomodate the tertiary stages and eventually, a fully operating reclamation plant, should it ever become economically feasible. The project is just basically a better project now. Chairman L'Heureux asked what would happen if the project was denied. Mr. Evans related that Federal law mandates that a secondary 13.5 mgd treatment plant must be operational at that site by July, 1982. Originally the law stipulated the upgrading by July, 1977, but was extended when many plants failed to meet the deadline. They may, in fact, extend the conformance date once again. Chairman L'Heureux asked the height of the towers. ,- c Planning Commission MiA zes April 25, 1979 Page Seven (7) Mr. Evans deferred the question to Mr. Graham Fraser, the Project Manager of Brown & Caldwell, who stated that the towers will be approximately 20' high and will be integrated. with the adjoining buildings. There will be two odor control facilities. He went on to say that the odor could not possibly be as bad as it has been over the past year. With four digestors the sludge processing capacity will be doubled. Chairman L'Heureux commented that since the EIR, the City has embarked on the satellite sewage treatment concept, utilizing an ocean outfall line, and asked how much effluent the ocean outfall could absorb before it no longer functions effectively. Mr. Evans related that the purpose of the ocean outfall is to dispurse the effluent at a certain depth, into known currents which work to carry the effluent into the larger body of water where it is assimilated. At this time the outfall line deposits approximately 38 mgd, and the ocean's capacity to absorb secondary effluent is many times greater. Chairman L'Heureux asked if it was possible to link other satel- lite reclamation plant systems into the existing outfall line. - Mr. Evans replied that the tying in of such lines would not pose any technical engineering problems. There are no firm plans for additional sewage treatment plants at this time, but if and when a specific project is approved, a detailed analysis will be done. Chairman L'Heureux commented that most EIRs relate that the problem of sludge disposal is "beyond the scope" of their particular consultation, and that it is a County-wide problem. Mr. Evans indicated that the sludge is currently taken away by private individuals, but that when the volume increases it will have to be hauled out. The system, as designed, will incorporate hauling containers for dry sludge to an appropriate site. At worst, it will be deposited in a land fill site, and possibly it may be reduced to composit. Chairman L'Heureux commented that the 1975 EIR completely dis- missed the concept of water reclamation. Mr. Evans indicated that the 208 Study addressed the issues and identified Encina as the #1 most feasible project to accomodate water reclamation in the San Diego County. The study anticipated a potential 6 mgd of reclaimed water from Encina, with a minimum of redesign. Planning Commission Muutes April 25, 1979 Page Eight (8) Chairman L'Heureux asked what additional modifications will have to be made to accomodate water reclamation. Mr. Evans stated it is hard to tell at this point. The high salt content of the water makes reclamation difficult, and may require partial demineralization. Chairman L'Heureux questioned odor control measures. Mr. Evans Related that with any sewage treatment of this size and capacity, the possibility of odor pollution is always present. Any plant generating over 2 mgd, when out of control, creates an odor problem. The prevailing winds carry that odor to Alta Mira. With the past overload and cleaning processes, it has been sort of a patchwork operation, with tanks being covered over, prechlorination, etc. The upgrading of the entire system has been build around the odor control system and most equipment will be enclosed, covered, vented. Odor control towers and activated carbon systems are very expensive, in fact, the consultant has advised that the price of the odor control systems alone will now cost more than it takes to operate the entire plant at this time. All agencies have agreed that odor control is critical and have incorporated the most advanced odor control system available. With this new system Alta Mira should go for years and not know that a sewage treatment plant is nearby, there may be, of course, odor problems occasionally, At any rate, the odor will never be as bad as it has been over the last year. This past year sections of the plant have been shut down for upgrading, thus creating a serious overload to those portions of the plant in operating condition. The new system will provide redundancy and duplication of features, thus a built-in fail safe. Commissioner Jose asked as to whether the existing plant will be developed or destroyed. Mr. Evans indicated that parts of the plant will be removed or upgraded and the rest will be consturcted. Five sedimentation tanks and three small digestors will remain, just about all else goes. Commissioner Schick wondered how the transition period will be handled. Mr. Evans noted that this transition phase has been anticipated with a possible problem arising with dewatering. In this regards watering device, at the rate of $2,000 per month, for the next three to four years, in order to alleviate some of the problem. - Encina has just recently decided to lease an additional de- Planning Commission Minutes April 25, 1979 Page Nine (9) Commissioner Jose asked if it was safe to assume that those concepts, ideas and methods as seen on the recent field trip to sewage treatment plants in Temecula and Ramona, would be incorporated into this system, along with the most recent and advanced methods of odor prevention, Mr. Evans indicated that each plant is different, and that this plant will be based on the most advanced informational available. Commissioner Larson asked about flood protection. Mr. Evans stated that EPA requires that there must be a 100 year flood protection system, therefore, there will be a concrete storm drain running through the plant. Commissioner Marcus asked if the plant was currently operating at full capacity. Mr. Evans indicated that one digestor is down, and two modern digestors are carrying the full load. They are presently treating 11-12 mgd and the system has been designed for 13.75 mgd. When the third digestor is modified and back in service there will be a wide margin for error. The digestors have been modified to be redundant and any one can do the job of any of the others. Commissioner Schick questions as to whether or not there would be a new restriction on the volume of acceptable waste from industry. Mr. Graham Fraser, of Brown and Caldwell, indicated that the law requires industry to pay their own way, via a user charge, which will be incorporated into the project as part of the final grant to show money allocated to operate the plant. Local industry will be assisting to pay the way. Commissioner Schick wondered if wastes from industry are presently hampering the normal operation of the plant. Mr. Fraser related that some waste from industry could hamper proper operation of the plant, but that the normal waste from local operations does not. Commissioner Larson inquired as to the landscaping to shield the plant from the freeway. Mr. Fraser indicated that plant design has been changed from high towers to activated sludge processing, giving the whole project There will be no problem with screening it from the view of freeway travelers, but this total screening must be weighed in light of screening the ocean view at the same time. - a lower visible profile, which will render it easier to screen. _- Planning Commission Mil :es April 25, 1979 Page Ten (10) Commissioner Larson wondered about the noise impact to the trailer parks to the west of the property. Mr. Fraser related that most of the noise will be contained by the building to the west of the digestors, the power building, housing generators. This has been moved closer to the freeway. Access to that building will be shielded by digestors and trees, also silencers will be placed on the engines. The staff reports that 65 decibles is the maximum allowable under the Noise Element of the General Plan. It is doubtful that the noise level is that low at this time. The 65 figure is a logrhythmic number and the cost of obtaining that figure just may not be worth it, especially if the free- way traffic generates a higher noise level. A noise study should be conducted at the property line to show the present noise level and to set a guide for the future. THE PUBLIC HEARING OPENED AT 8:55. Speaking in favor: Dan Carr, Vista Sanitation District Board of Directors, repre- sentative to the Joint Advisory Committee addressed the Commission. which time an EIR, finance and project report were prepared and approved. EPA concern over air quality issues and Coastal Commission permit processing subsequently delayed construction. Coastal Commission and EPA approval was granted in 1978. - In 1972 the six Encina agencies agreed to upgrade the facility, at The issues of most concern were: Growth impacts - said issues were adequately addressed in the EIR of 1975. The proposed growth corresponds largely to the CPO Population Forecasts. The proposed project is for an increase of 4.25 mgd to the existing treatment facility, and CPO states we need 3.75 mgd by 1989. This plant will not be in full operation until 1982. Odor - we have incorporated the most advanced odor control system, almost all channels and equipment is contained underground or enclosed. The EIR remains substantially the same, as there have been no major changes in circumstances or new information since that time. As a point of interest, the cost of construction of the plant when originally approved in 1975 was approximately $17 million, today that same construction stands at $40 million. Vista and Carlsbad will be sharing proportionately in these costs. F Speaking in opposition: Charles Vitello, 819 Caminito Del Mar, a resident of Alta Mira for six years, and a member of the Board of Directors for Unit #1 Planning Commission Minutes April 25, 1979 Page Eleven (11) and speaking for most of the 700 families opposes the project because Encina has had a bad track record in the past. He noted that Alta Mira is constantly bothered by foul odors from the plant. They have complained to all entities, but have received no satisfaction. Odor has been attributed to chemicals in the sewer and fertilizer on fields, said explana- tions are far from believable. The California Regional Water Control Board in December of 1978, directed Encina to comply with requirements imposed on such plants, and was later granted extension of time in which to comply. He further stated that the homeowners had voiced their opposition to the Zone Change and at that time had been told that their objections were inappropriate, and so they are voicing them this evening. Mr. Vitello recognized the sewer was there prior to the develop- ment of Alta Mira, but stated that that fact did not give them a license to pollute the atmosphere. It is their contention that the project should not be approved until such time as they have demonstrated the ability to control odor and meet the required standards. They propose the following: 1. Odor monitors be installed, detecting odor prior to actual pollution and complaint by adjacent property owners. 2. The plant should be placed on probation for one year to determine if they can operate an odor-free system. Only upon exhibiting a suitable odor control system , should expansion or upgrading be permitted. 3. Those monies allocated for the expansion/upgrading should be reallocated to provide adequate odor control equipment and back-up units in case of breakdown or plant failure. He urged that the Commission accept the challenge and require the plant to conform to established standards of operation. Chairman L'Heureux asked if Mr. Vitello was suggesting that the entire plant be closed down in the event they do not adequately control- the odor problem. Mr. Vitello reiterated that they believe the odor should be controlled prior to any development of the plant. Past experience has shown no positive steps being taken in this regard, and the surrounding property owners have lost faith in the whole operation. Commissioner Jose reminded Mr. Vitello that the new system, as proposed, should eliminate the odor on a continual basis, and - would, in fact, only emit odors occasionally, once or twice per year. Planning Commission Mi tes April 25, 1979 Page Twelve (12) A At this point there was an outburst from the audience. Chairman L'Heureux reminded all present that if they wish to make a statement, to step to the microphone, and that the Planning Commission would not tolerate heckling from the audience. George Rogers, 6749 Russelia Court, President of Unit #4 addressed the Commission. The law requires the upgrading of the plant, not the expansion. If Encina can't-control odor or undesirable discharge now, expansion may only compound the problem. They have no objection to the upgrading of the facility, but to the enlargement of same. He asked if the towers would be any higher than they are now. Mr. Fraser indicated that the tallest structure is the power 'building which is 25' and the towers will be 20'. Mr. Evans related that the law requires the upgrading of the plant from primary sedimentation processing to a secondary process, i.e. activated sludge. The request is for a 13.751 mdg primary facility and at least a 13.75 mgd secondary treatment facility. The six agencies have agreed that they would like to enlarge the plant at the time of upgrading, as the incrimental cost is not that much more. c_ Chairman L'Heureux indicated that the odor control system would be provided along with the upgrading of the plant, and that any expansion at that time would be an additional, cost effective benefit. Mr. Evans related that the increase proposed is consistent with CPO Series IV Population Forecasts. The State and Federal governments will pay 873% of the 3.75 mgd of the 4.25 mgd expansion, so it makes it very cost effective at this time. Chairman L'Heureux asked how the upgrading would be financed. Mr. Evans indicated that 875% would be financed by the State and Federal governments, also locally we would have to pay for 1235% of the first 175 mgd and 100% of the final % mgd. Commissioner Larson commented on the industry discharge into the activated sludge system, which is actually a living mass. What is the potential problem with industrial waste being added to that living mass? Mr. Evans answered that there are industrial waste monitors. For instance, Burroughs is monitored extensively. A monitor is in- the discharge of certain chemicals, i.e. metals, etc., having a - stalled at the industry itself. Various ordinances prohibit Planning Commission Mi-tes April 25, 1979 Page Thirteen (13) ratio greater than two parts per million. Any process which can be upset must be monitored. Commissioner Larson asked if the waste can be separated at the time it reaches Encina. Mr. Evans indicated that the control is accomplished farther upstream. Some plants have a PH balance monitor. We have to know what comes into the plant. There are a lot of things that not only damage the activated sludge process, or cause it to malfunction, but that also interfere with the digestor process, which is possibly what caused some of the problems over the last few years. We have a program for monitoring industry. As the industry connects to the sewer we determine what kind of chemical might be used in their processing and are monitored to be sure that either they develop some kind of internal system to see that the certain chemical does not reach the sewer, for instance Burroughs has thousands of gallons of chemicals hauled away each day to a special dump site, they also have special holding ponds. Other industries have PH balanced system which add ammonia to balance acids or vice versa. We have to do that to control what comes into the sewer further upstream than at the plant itself. I Commissioner Larson wondered if the monitoring was handled by the industry themselves or does the City have a part in it. Mr. Evans related that industry has to install the equipment and maintain it. We contract with San Diego County to provide an inspector that continually monitors the equipment to assure that it is working properly. The particular industry must maintain records on what is happening. Commissioner Larson asked if the City has the power to, and will shut down an industrial unit which overshoots this monitoring, to which Mr. Evans replied "yes". Commissioner Schick asked what is the feasibility of operating the plant at the present capacity until such time as it can be assurred that expansion would not create additional odor control problems. Mr. Evans indicated that if we have the additional capacity there may be political pressures to allocate same for development. Technically speaking, there is no problem. The plant can operate at any capacity. There is no real, detectible difference in the odor emitted from a plant operating at 13 mgd and one operating at 17 or 18 mgd. - THE PUBLIC HEARING CLOSED AT 9:25 P.M. WITH NO FURTHER TESTIMONY. Chairman L'Heureux called a 10 minute recess at this time. ”- Planning Commission Mlnutes April 25, 1979 Page Fourteen (14) The meeting was called to order at 9:40 with Commissioners L’Heureux, Marcus, Jose, Larson and Schick in attendance. Commissioner Schick related that the staff reports indicates there has been no significant change in circumstances since the EIR prepared in 1975, but he would like to see more particulars in regards to water reclamation, the impact of the proposed Lake Calavera Hills sewer treatment plant, etc. He would like to have more discussion on the significant points, and would appreciate an upgrading on those requirements of the State for expansion. He indicated that some of these questions may be answered at the City Council workshop and related that if the expansion and upgrading goes forward to Council they should go hand in glove for the economic benefit. In addition he wondered if a caveat may be imposed stating that the present facility not be expanded until effective odor control has been attained. Commissioner Larson agreed that the EIR does not adequately address sludge disposal and water reclamation and noted that the potential for water reclamation is included in the design of the plant. He felt that a condition should be added requiring research on sludge disposal, and that one should not take it for granted that the sludge will be hauled to a land fill. As far as the noise problem, he believes the decibles should not be any worse than they are at the present. Land- scaping should be provided for adequate screening. As for the odor, he suggested that with this type of proposed plant, odor should no longer be a problem. I He related that expansion is practical at this time, with the sewer problems within the City of Carlsbad, but that the City should provide some sort of growth control system and plan for the allocatin of that additional capacity.. .With these things in mind he would be prepared to look with favor on the application. Commissioner Marcus indicated agreement with Commissioner Larson, mentioning that possibly the matter should be continued pending Council action on the major policy issues. As to the expansion and upgrading, it is her contention that due to Proposition 13, it would seem foolish to upgrade the facility and not expand, in order to save tax dollars. Commissioner Jose stressed that he was vitally concerned with the odor problems. If the upgrading incorporates those methods of odor control, odor will be effectively mitigated. The freeway noise probably should be studied at the property further agreed with the proposed condition #16 regarding dust control. - line, and condition #7 should be revised as necessary. He Planning Commission Mi- tes April 25, 1979 Page Fifteen (15) Chairman L'Heureux indicated that the major problems lie with odor, sludge disposal and water reclamation. Practically speaking, the $40 million should be spent benefically, as the plant affects some 100,000 residents and surrounding cities. This size of plant is most certainly going to have odors occasionally. He believes the design of the plant does mitigate the problem, as far as is economically feasible, and that the applicant has taken every step possible to ensure proper control for this complex facility. The project has been reviewed at each stage of development, by many competent and knowledgeable persons, with expertise in the field of sewer treatment. Those persons assure us that the machinery proposed will adequately mitigate the odor problem. It would not be feasible to close the plant, or a portion thereof, for a one year period. If the plant is expanded and upgraded, and still has problems, interested citizens will complain to the City and Water Quality Control Board. He apologized for the erroneous article in the Blade Tribune, indicating that the public hearing on this item would be held on April 26. He reminded the audience that the item would be forwarded to the City Council and another public hearing would be noticed. - In regards to the staff report findings: #2 (a) - he objects to the word "any", as the mitigating measures will render the impacts tolerable or acceptable, but do not completely mitigate their effects. He would like to see a condition ensuring that the plant makes adequate provision for water reclamation, if ti should become the policy of the City, and if it can be accomplished without undue additional expense. Also, some kind of condition should be added dealing with sludge disposal, maybe some kind of study as to what may be done. Commissioner Schick suggested returning the project to staff for additional information and to await the policy decisions of the City Council. Chairman L'Heureux indicated that whether or not Encina is expanded, the City must address increased growth. Unless the conditions of approval specifically address it, policy determinations relating to growth are not applicable at this particular time. Commissioner Schick noted that the EIR has no addendum that states that those problems generated since 1975 have been adequately mitigated. He suggests that an update on the Air type of charcoal is alluded to in the staff report, and wondered how expensive it is, and if it is a positive mitigating feature. - Quality, etc. is needed. In addition he notes that a certain Planning Commission Mmutes April 25, 1979 Page Sixteen (16) e Commissioner Jose indicated that water reclamation should be addressed. Chairman L'Heureux asked if an addendum to the EIR will tell us anything more than we know now. If the problems have been identified, and assuming the plant design has taken those problems into consideration, what new will be learned. Commissioner Larson agrees that the EIR has adequately addressed the main issues. Water reclamation, allocation of EDUs and sludge disoosal will require research and will be decided by the City Council at a later date. A motion was made recommending approval of PDP-1, based on the findings and subject to the conditions as outlined in the staff report, and with the following changes: Finding #2 (a) - eliminate the word ''any" to reflect that only the most significant impacts will be mitigated. Condition #7 - state that a noise study be undertaken to establish acceptable levels at the property line of the sewer palnt, for off-site quality level, not to exceed levels acceptable to the City Engineer. Condition #16 - ."Special provisions to control dust, which is generated by grading activities,, shall be approved by the City Engineer prior to the commencement of grading" should be added. - Condition #17 - should be added calling for a research report on alternatives of sludge disposal. Condition #13 - should be revised indicating adequate screening shall be provided to screen the plant from adjacent residential developments. APPROVED MOTION: Larson SECOND : Marcus AYES : L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis Chairman L'Heureux indicated that in lieu of a formal condition, the Joint Powers should be notified of the Planning Commission's desire that a study be prepared regarding alternatives and recommendations to sludge disposal. This met with general agree- - ment by the Commission. - A minute motion was made to the City Council advising them of the concerns of the Planning Commission regarding the need for water reclamation policy to include the Encina Plant Planning Commission Mi- tes April 25, 1979 Page Seventeen (17) .c expansion and the all01 cation of an! J additi capacity as it applies to the development. onal sewer APPROVED MOTION: Larson SECOND : Jose AYES : L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis At this point in the meeting Commissioner Rombotis returned. VI. NEW BUSINESS A. SDP 78-4, Kubota, site development plan to develop a 10,000 square foot professional office building and plaza. - Mr. Dave Abrams presented the staff report, indicating that condition #lo had been added by the Engineering Department, to read as follows: "The applicant shall conform to all the conditions of the San Diego County Health Department septic approval, dated 11/16/78, unless City sewer capacity becomes available to service the project. 'I - The Commission expressed concern regarding the height limit in the Zoning Code as opposed to this project. A motion was made approving SDP 79-1 based on the findings and conditions as contained in the staff report, dated April 25, 1979, and with the additional condition #10 as proposed by the Engineering Department, and with the further condition that all buildings conform to those height limitations as set forth in the Zoning Code. APPROVED MOTION: Jose SECOND: Rombotis AYES : L'Heureux, Rombotis, Schick, Marcus, Larson, Jose B. PCF-17, Nelson, for the building of an eight foot high fence in an R-P Zone, as required in Section 21.46.130. Mr. Dave Abrams presented the staff report. Commissioner Rombotis asked if the owner of the corner property had been noticed. Staff replied that written notice had been sent. F ," Planning Commission Mi- ces April 25, 1979 Page Eighteen (18) - A motion was made approving PCF-17 for the building of an 8' high fence only along the south and west portions of the property sharing a boundary with the single family residence to the south, and with that portion of the fence at a 45O angle to Pi0 Pic0 being limited to 6' in height. APPROVED MOTION: Jose SECOND: Marcus AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson C. PUD-ll(A), Lench, .an amendment to an approved Planned Unit Development, substituting building designs. - Mr. Dave Abrams presented the staff report. Commissioner Rombotis questioned as to the height of the pads and also roof height. Staff responded that the height at the peak of the roof is 27' and at the chimney is 30', and that the pad heights did not change from those previously submitted. - + Ski Lench, the applicant, indicated the pad heights had not c anged more than a few inches from those originally submitted. Chairman L'Heureux asked if the concerns of the rear property owners had been satisfied. Staff indicated that the rear property owners had been in the audience earlier and were apparently satisifed. Mr. Lench related that the house on that lot to the rear upper right of the property has a bulk height of 25' with one portion of the house extending 27', and the chimneys approximately two feet above the roof line, that is the only deviation from the original plans, and pertains only to one lot. Staff indicated that the rear property owners had been provided with a set of plans with the elevations and specs indicated. T A motion was made approving PUD-ll(A) for a minor deviation to the plans submitted as PUD-11, with the condition that the heights not exceed those contained on Exhibit B, dated April 25, 1979, and that the pad elevations not vary from those originally submitted. c APPROVED MOTION: Rombotis SECOND : Jose AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson Planning Commission Minutes April 25, 1979 Page Nineteen (19 ) ic VII. APPROVAL OF MINUTES A motion was made approving the mintues of April 11, 1979 as corrected. APPROVED MOTION: Jose SECOND: Marcus AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson VIII. APPROVAL OF RESOLUTIONS A. Resolution No. 1503, ZCA-105, City of Carlsbad. Staff called the Commission's attention to the memorandum from the Planning Department, dated April 6, in this regards. A motion was made to rescind the motion of April 11, 1979, denying a zone code amendment to Title 21, Chapters 21.44 and 21.48 of the Carlsbad Municipal Code regarding alteration and expansion of nonconforming uses and buildings, and directing staff to notice a new public hearing on the matter, with appro- priate notification to those persons speaking at the April 11th hearing , _- RESCINDED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson B. Resolution No. 1507, CT 79-1, Katoh A motion was made approving Resolution No. 1507 as submitted, APPROVED MOTION: Jose SECOND: Larson AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson C. Resolution No. 1508, CUP-88(A), Matt Hall. A motion was made approving Resolution No. 1508 as submitted. APPROVED MOTION : Jose SECOND: Marcus AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson Planning Commission Minutes April 25, 1979 Page Twenty (20) D. Resolution No. 1509, CT 79-2/CP-2, Jack West. A motion was made approving Resolution No. 1509 as revised. APPROVED MOTION: Rombotis SECOND: Schick AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson E. Resolution No. 1511, MS-392, Morris. A motion was made approving Resolution No. 1511 as submitted. APPROVED MOTION: Rombotis SECOND: Schick AYES: L'Heureux, Rombotis, Schick, Marcus, Jose, Larson IX. There being no futher business the meeting adjourned at 11:lO P.M. Respectfully Submitt@, , Marg&t Sackrider RECORDING SECRETARY ATTEST: JAMES C. HAGAMAN SECRETARY