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HomeMy WebLinkAbout1979-05-23; Planning Commission; Minutes- PLANNING COMMISSIC. MINUTES CITY OF CARLSBAD May 23, 1979 Page One (1) r A . r OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF CARLSBAD PLANNING COMMISSION I. CALL TO ORDER The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. 11. ROLL CALL Commissioners present: Chairman L'Heureux, Commissioners Marcus, Larson, Wrench, Schick, Jose Commissioners absent: Commissioner Rombotis Staff present: James C. Hagaman, Planning Director; Bud Plender, Assistant to the Planning Director; Dave Abrams, Associate Planner; Dave Hauser, Engineering; Les Evans, City Engineer. 111. AGENDA ITEM COMMUNICATIONS A. A report on "NO Parking'' Zones at shopping centers within the City of Carlsbad was distributed.- IV. :-- B. City Council Resolution No. 5772, regarding CT 79-2, Jack West, was distributed for the Commission's information. C. Proposed Planning Commission Resolution #1510, La k e Calavera Hills was distributed.: " CONTINUED PUBLIC HEARINGS A. CT 79-3/CP-3, Von Elten, Tentative Map and condominium permit for the conversion of an 80 unit apartment complex to condominiums on property located on the east side of El Camino Real between Alga and Palomar Airport Road.- Mr. Dave Abrams presented the staff report recommending denial. Chairman L'Heureux directed the Commission's attention to City Council Resolution 5772, denying a proposal for the conversion of apartments into condominiums, and setting forth the intent of the City Council in regards to units of this type Mr. Jim Hicks, 2530 La Gran Via, speaking on behalf of Mr. Mola, requested that the item be trailed until such time as Mr. Mola arrived. THE PUBLIC HEARING OPENED AT 7:05 P.M. Mr. Harold Clark, 824 Caminito del Reposo, pointed out the lack of low cost housing in the La Costa development, maintaining that if the units are retained as apartments the project will better service the needs of the public. PLANNING COMMISSIC/"INUTES May 23, 1979 Page Two (2) Mr. Harris, 7233 Plaza de La Costa, respectfully requested to speak after Mr. Mola. At this point in time agenda item A., CT 79-3/CP-3, was trailed pending the arrival of the applicant, Frank Mola. B. PDP-2, Lake Calavera Hills Sewer Treatment Plant, Precise Development Plan for a 1.2 mgd oxidation ditch wastewater treatment facility, including effluent line easement and percolation ponds. - Mr. Dave Abrams presented the staff report requesting that the item be contined to a special meeting. Mr. Roy Ward, the applicant, indicated that any date would be fine with him and asked when Resolution 1510 for ZC-203 would be approved and forwarded to the City Council. Chairman L'Heureux indicated that the City Council had expressed the desire to hear the ZC and PDP concurrently, therefore both would be forwarded for the same City Council hearing. There being no public testimony, the public hearing was continued to June 4, 1979, at 5:OO P.M. in the City Council Chambers. The motion passed unanimously. V. NEW PUBLIC HEARINGS A. CUP-163, Dean, Conditional Use Permit to allow an auto impound yard on three non-contiguous lots located west of Tyler Street between Walnut Avenue and Pine Avenue.- Mr. Dave Abrams presented the staff report requesting that the matter be continued to allow the the resolution of title to the easement across the north section of the property. THE PUBLIC HEARING OPENED AT 7:25 P.M. Mr. David Baird, representing the owners of the easement, indicated that he had the power of attorney to the property. He related that the increased traffic upon the easement has created problems for the lease holders of the property, and has damaged the building along said easement. Chairman L'Heureux informed Mr. Baird that he should contact the staff so that they can work with him to resolve some of the problems so indicated. Mr. Ralph Ponchi, 140 Acacia, related that he is presently in negotiations for the purchase of that property adjacent to the proposed project, and would be using the easement for the ingress and egress of his own trucks. Chairman L'Heureux suggested that Mr. Ponchi, like Mr. Baird, contact staff in this regards. PLANNING COMMISSIO-YINUTES May 23, 1979 Page Three (3) h rc There being no further public testimony, the public hearing was continued to June 13, 1979.The motion passed unanimously. IT WAS THEN NOTED THAT MR. FRANK MOLA, CT 79-3/CP-3, HAD ARRIVED AND CONTINUED PUBLIC HEARING ITEM "A" WAS HEARD. CT 79-3/CP-3. Von Elten Mr. Mola, the applicant, indicated his familiarity with the Staff Report dated May 23, 1979. He noted that he was aware of the problem with the parking, but prior to the last two weeks, had not been appraised of any other problems with the development. He indicated that the project can comply with the Condominium Ordinance. It is his belief that the recreational facilities are centrally located and that the building placement incorporates a minimum of 20' between buildings, which are also stepped. He further pointed out that as to the access to parking, most cities use 200' as a rule of thumb. Mr. Mola indicated that at the time of original application, 1976-1977, the fastest way to develop was to build apartments, as there was no Condominium Ordinance. Commissioner Jose questioned as to the storage space in the carports, indicating that such storage would force cars to park in the street, alleys, etc. Mr. Mola pointed out that there are vaulted ceilings over the hoods of the cars, which could be utilized for storage cabinets. He went on to say that if this project does not meet the standards for a condominium conversion, he does not believe any project within the City of Carlsbad will. He indicated that the use will not change by the ownership. By allowing conversion to condominiums, the City would be providing low cost ownership units. Mr. Harris, the developer of 14 acres to the North of the project, related that the notion that apartments require less parking than condominiums is absurd. He pointed out that a considerable sum of money has been spent by the developer to bring this project into conformance with the Condominium Ordinance, which is a main factor in the continual climb of the cost of housing. In closing, Mr. Harris urged approval of the project. The public hearing closed at 7:50 with no' further public testimony. Chairman L'Heureux asked if the 14 spaces contained in the northern triangle had been considered in the compilation of of the 168 total parking spaces indicated. Staff replied that the original figure was 128, an additional 40 spaces had been allowed, the 168 does not include the 14 spaces. PLANNING COMMISSION I~"UTES May 23, 1979 Page Four (4 ) Commissioner Marcus related the parking remains a problem. She related that possibly the Commission should look into the standards for parking within apartment complexes, with an eye to improve parking for apartment buildings, not reduce condominium parking standards. She indicated that the units themselves are very nice, but that the parking requirements must be met. Commissioner Larson agreed with Commissioner Marcus and noted his belief that the 14 spaces to the north will not be effectively used, as they are so far removed. Commissioner Wrench interjected that the intent of the Condominium Ordinance is to impose quality as well as quantity standards, to assure quality of design and the proper amenities. It is his opinion that this project does not afford the quality esteemed for permanancy of ownership. He would be opposed to the project. Commissioner Schick's comments paralleled those of Commissioner Marcus, indicating that the project appears to be of high quality, with the exception of the parking. He would be opposed. Chairman L'Heureux reminded the Commission that the Council's desire in the West Resolution was that the internal design and inner relationships be considered in such instances. In any event, a condominium complex should in no way be substandard to other ownership units. Commissioner Schick asked if the applicant had been appraised of the fact that the 14 northernmost spaces were not acceptable prior to this meeting. Staff indicated that the Commission had expressed such dis- satisfaction with said parking at the last meeting. Commissioner Jose related that he would like to see staff take a good look at applications coming in as apartments to ensure that if, in fact, they desire to later convert to condominiums, that the proper amenities are developed up front. A motion was made denying CT 79-3/CP-3 for the reasons as contained in the staff report dated May 23, 1979. MOTION: Wrench SECOND : Marcus Commissioner Larson expressed disagreement with the motion, in that he feels the project does, in fact, meet the design criteria as required in Section 21.47.110 of the condominium ordinance. PLANNING COMMISSION MiflUTES May 23, 1979 Page Five (5) A motion was made amending the motion to deny the project in accordance with staff finding #2 a, b, and c only. MOTION: Larson SECOND: Schick Commissioner Wrench indicated his disagreement with the motion as made. AYES: Schick, Marcus, Larson NOES : L'Heureux, Wrench, Jose THE MOTION DID NOT PASS FOR LACK OF A MAJORITY VOTE. The original motion denying CT 79-3/CP-3 for those reasons as contained in the staff report dated May 23, 1979 was re-read and voted upon. Commissioner Wrench indicated his belief that there was no need to review the parking standards for apartments, in that it would pose more problems with pre-existing units. Staff related that if the standards for apartments were tightened there would be no incentive to build apartments rather than condos. Commissioner Marcus stated that the requirements for parking as established in the Condominium Ordinance is not too strong, as parking is always a problem. APPROVED MOTION: Schick SECOND: Marcus AYES : L'Heureux, Wrench, Marcus, Jose, Larson, Schick B. ZCA-105, City of Carlsbad to allow the expansion of non- conforming uses within the entire City of Car1sbad.m Mr. Bud Plender gave the staff presentation, indicating that the original action of the Planning Commission had been to deny ZCA- 105. He indicated that possibly during the previous discussion a specific project had clouded the issue, thus necessitating further review of the matter. Mr. Plender pointed out that PLANNING COMMISSIC- MINUTES May 23, 1979 Page Six (6) if approved, the amendment would allow expansion of non-conforming uses, but only under the Conditional Use Permit hearing process. He stressed that the Planning Commission would retain the power to exercise judgement in all such instances. THE PUBLIC HEARING OPENED AT 8 :15 P.M. Mr. Arie De Jong, of Coast Waste Management, indicated that his was the project that possibly prejudiced the Commission's decision of March 28, 1979. He related that he was familiar with staff's position and agreed with same, with some question as to abatement periods. He urged Commission approval. Commissioner Jose reminded Mr. De Jong that this particular item was for a Zone Code Amendment and that any application to his project would be through a Conditional Use Permit in the future. - " Mr. John Lusignon, the General Manager of Coast Waste Management, stated that the approval of this ZCA would give property owners holding property acquired under previous zoning regulations an option in relation to their particular needs. Certain business problems cannot be addressed at this time due to the current zoning throughout the City. This amendment would also allow the City to remove some of the non-conforming uses to ensure compatibility within the City. THE PUBLIC HEARING CLOSED AT 8:20 WITH NO FURTHER TESTIMONY. Commissioner Wrench indicated that the intent of the Zone Code Amendment was appropriate, but that there were many ambiguities contained in this draft. He believes that section (c) should be removed entirely, as non-conforming uses should not be allowed to rebuild Eor normal wear and tear. He further feels that (b) should be revised to include destruction by fire, explosion, or other casualty or act of God, or public enemy as guidelines for the Conditional Use Permit. Also, the term in sections ' (b) and (c) (1) "its" is ambiguous and should be identified. Chairman L'Heureux asked if the "ordinary wear and tear" would necessitate a CUP. Staff replied that such refurbishing could be accomplished under the normal Building Permit process, and would not initiate a CUP. Chairman L'Heureux noted that due to inadequate City records, a realistic abatement period may be impossible. Commissioner Schick pointed out the necessity of having a representative from the City Attorney's office present at anytime an item such as this is before the Commission. PLANNING COMMISSIC- MINUTES May 23, 1979 Page Seven (7) Commissioner Wrench reiterated his position that the Ordinance as drafted is unsatisfactory, with section (d) 1, 2 and 3 being the most applicable portions thereof. A motion was made reopening the public hearing and continuing agenda item ZCA-105 to the meeting of June 27, 1979. CONTINUED MOTION: Jose SECOND : Marcus AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson VI. NEW BUSINESS A. SDP 78-3(A), Burnett, modification of an approved Site Development Plan for a neighborhood shopping center on property generally located at the southwest corner of La Costa Avenue and El Camino Real. - Mr. Dave Abrams presented the staff report. The question of an adequate circulation pattern was raised with staff indicating that there was no traffic problem. Commissioner Larson asked if the increase in building area necessitated an increase in parking ratio. Staff indicated that although the total building area has increased by approximately 300' the parking requirement has been lessened due to the fact that no food services are anticipated at this time. Mr. Burnett, the applicant, indicated that he has created an employee parking lot, which he will enforce as same.He further related that all four sides of all buildings will be architecturally treated in the Spanish theme. A motion was made approving SDP 78-3(A) under the terms and conditions as contained in the staff report of May 23, 1979 and with the added condition that all four sides of all buildings receive full architectural treatment consistent with the Spanish design as indicated in SDP 78-3 Elevation Plan, Exhibit B, dated March 14, 1979, on file in the Planning Department. APPROVED MOTION: Jose SECOND: Marcus AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson It was decided that Resolution #1510, Lake Calavera Hills Sewer Treatment Plant should be continued to June 4, 1979 to allow futher review. ,PLANNING COMMISSION M"JTES May 23, 1979 Page Eight (8) VII. APPROVAL OF MINUTES A motion was made approving the minutes of May 9, 1979 as read. APPROVED MOTION: Larson SECOND: Schick AYES : L'Heureux, Schick, Marcus, Larson ABSTAIN: Jose, Wrench VIII. APPROVAL OF RESOLUTIONS A. Resolution No. 1518, V-289, Bonagura A motion was made approving Resolution No. 1518 as read. APPROVED MOTION: Larson SECOND: Schick AYES : L'Heureux, Schick, Marcus, Larson ABSTAIN: Jose, Wrench B. Resolution No, 1519, V-290(1), Zipser A motion was made approving Resolution No. 1519 as submitted. .- APPROVED MOTION: Schick SECOND: Larson AYES : L'Heureux, Schick, Marcus, Larson ABSTAIN: Jose, Wrench C. Resolution No, 1520, CUP-162, Kuetzing A motion was made approving Resolution No. 1520 as submitted. APPROVED MOTION: Larson SECOND: Schick AYES : L'Heureux, Schick, Marcus, Larson ABSTAIN: Jose, Wrench D. Resolution No. 1521, CT 79-5/CP-4, Duffy A motion was made approving Resolution No. 1521 as read. APPROVED MOTION: Schick SECOND: Larson AYES : L'Heureux, Schick, Marcus, Larson ABSTAIN: Jose, Wrench 'PLANNING COMMISSION F' 'UTES May 23, 1979 Page Nine (9) x /" E. Resolution No. 1522, CUP-l18(B), Magee Park A motion was made approving Resolution No. 1522 as read. APPROVED MOTION: Larson SECOND: Schick AYES : L'Heureux, Schick, Marcus, Larson ABSTAIN: Jose, Wrench IX. LATE ITEMS X. A consent calendar was once again discussed with the majority of the Commission expressing favor with the present system. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 P.M. Respectfully Submitted, /? Margaket Sackrider RECORDING SECRETARY ATTEST : James C. Hagaman SECRETARY