Loading...
HomeMy WebLinkAbout1979-07-11; Planning Commission; MinutesI PLANNING COMMISSIO, 4INUTES CITY OF CARLSBAD July 11, 1979 Page One (1) r. 11. r OFFICIAL UNTIL 1 APPROVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION I. CALL TO ORDER The meeting was called to order at 7:OO P.M. by Chairman L'Heureux. ROLL 'CALL Commissioners present: Chairman L'Heureux, Commissioners Marcus, Jose, Larson, Schick, Wrench Commissioner 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; Dan Hentschke, Assistnat City Attorney; Jack Henthorn, Redevelopment Coordinator. 111. AGENDA ITEM COMMUNICATIONS A. The minutes of the General Plan Housing Element Committee meeting of June 27, 1979 were distributed. - B. A memorandum from Paul Bussey, City Manager, regarding Public Improvement Requirements - City Projects, was passed - around., related that he would like staff input as to the current status of the budget, and other City and Council actions for general informational purposes for the Commissioners. IV. CONTINUED PUBLIC HEARINGS A. CUP-124 (A)-1, Kenneth Crisman, modification of a Conditional Use Permit for a Montessori School, to allow construction of the school building five feet from a side lot line on property generally located at 740 Pine Avenue, Carlsbad. - Dave'Abrams presented the staff report, recommending approval of the project. Commissioner Jose questioned as to the origin of the error. Staff indicated that the error had been apparently made by theengineer who drafted the plans. Ken Crisman, 3485 Valley Street, Carlsbad, the applicant, indicated that the plan as approved by the Commission earlier had, in fact, not been drawn exactly to scale and included an error of 5' in the setback. He noted that should the Commission not approve the modification, the applicant would be forced to begin the application process over again, and construction f ,PLANNING COMMISSIOLMINUTES July 11, 1979 Page Two (-2) would probably then be delayed another year. THE PUBLIC HEARING OPENED AND CLOSED AT 7:15 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Jose indicated his belief that the Commission had, in the past, bent over backwards for the applicant, who should now bear the brunt of his mistake. He indicated that all applicants must be treated equally and have the same rights, and therefore the 10' required setbacks should be adhered to. Chairman 'L'Heureux pointed out the responsibility of the Commission to insure equity whenever possible, and that the denial of this proposal would serve no practical purpose, in that other properties in the neighborhood have reduced setbacks. He reminded the Commission that the proposal includes no substantial changes over the last plan, and that the conditions of approval will adequately mitigate the impacts of reduction of the setback requirement. A motion was made denying CUP-124 (A)-1 for the reason that the 5' sideyard setback does not meet requirements of the City of Carlsbad Municipal Code and that approval of same would substantially compound the pre-existing lack of amenities in the area. APPROVED mON: Jose SECOND : Marcus AYES: Jose, Marcus NOES : L'Heureux, Larson, Wrench, Schick A motion was made approving CUP-124 (A)-1 for the reasons as set forth in the staff report dated July 11, 1979 and subject to the conditions of approval contained therein. APPROVED MOTION: Larson SECOND : Wrench AYES: L'Heureux, Larson, Wrench, Schick NOES : Jose, Marcus B. ' ZC 204,' City of Carlsbad, Zone Change for the placing of Q overlay zone on property presently zoned R-P generally located on the south side of Elm Avenue, west of Highland. Dave 'Abrams presented the staff report recommending approval. THE PUBLIC HEARING OPENED AT CLOSED AT 7:30 P.M. WITH NO PUBLIC TESTIMONY. PLANNING COMMISSIO. .dINUTES July 11, 1979 Page Three (3) e ./- A motion was made recommending approval of ZC-204 as contained in Exhibit A, dated June 18, 1979 for the reasons as set forth in the staff report dated July 11, 1979. APPROVED MOTION: Wrench SECOND: Jose AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson .I- Chairman L'Heureux asked staff if a Zone Code Amendment would be in order to assure proper review of drive-thru facilities. Sta'ff replied that often drive-thru banks are reviewed through the Site Development Plan process, but occasionally there are drive-thru establishments proposed for property nat requiring such review. For this reason staff believes such a Zone Code Amendment may be appropriate, and indicated that they would review the Ordinance to determine the fea- sibility of a possible amendment to require Conditional Use Permits for all drive- thru facilities. C. 'ZCA-75,'City of Carlsbad, Zone Code Amendment to various chapters of Title 21, of the Carlsbad Municipal Code to revise the zoning regulations reqardinq motels and hotels. - 'Bud'Plender presented the staff report. Co'miss~io~n.e.r 'Lars.on asked if the parking ratio would be sufficient and if the Planning Commission could require more parking should it appear necessary. 'Sta'ff indicated that the parking ratio would be as set forth in the Code at this time and such ratios would be consistent with the uses, i.e. more parking would be required for kitchens, banquet facilities, restaurants within the hotel/motel. He indicated that there would probably be more hotels in the downtown area as that area is zoned for such use. Commissioner Wrench asked how the amendment would affect the units presently existing in the R-3 zone, particularly by the beach. 'Staff responded that those units would become lawfully existing, non-conforming uses. Some motels along Pi0 Pic0 are presently in the R-3 zone, however the General Plan designates that area recreation-tourist, so in time that area should be zoned to, for instance, the C-R zone. If there was any question as to expansion, they would have the right to ask for the C-R zone for conformance to the General Plan, and then be able to expand. - PLANNING COMMISSION MMUTES July 11, 1979 Page Four (-41 e Commission,er Wrench asked if it is the intent of the amendment that any further development of those units along the beach would preclude construction of a hotel with a kitchen. Staff responded that this ordinance would preclude such development along the beach front, R-3. Motels/hotels may well be developed, however, along Carlsbad Boulevard, in the C-2 Zone. THE PUBLIC HEARING WAS OPENED AT 7:50 P.M. Don Agatee, 2921 Roosevelt, indicated that there are hotels and motels along the beach area that are zoned R-3. There seems to be nothing wrong with the basic amendment to re- gulate the development of hotels/motels by right or CUP or whatever, but there is concern that this ordinance would in effect be zoning certain parcels of property to allow for motel expansion without provision in the R-3 zone, which is a higher density zone. Secondly, the Coastal program en- courages certain facilities along the beach front. Under the provisions of this ordinance, certain property presently zoned R-3 could have their use pre-empted. On the other hand, if motels were allowed to be included within the R-3 zone under locational standards, by CUP, it would not be Coastal Commission policies with respect to visitor serving facilities especially on beach front facilities, would be in conflict with this particular ordinance amendment. Further you would have to spot zone particular property to allow motel living. 7 pre-empted, number one, and, number two, the present THE PUBLIC HEARING CLOSED AT 7:55 WITH NO FURTHER PUBLIC TESTIMONY. Commis,sioner L’Heureux expressed concern regarding the fact that the proposal would allow motes1 by right in the C-2 zone. Assuming the requisite zoning, there would be no review at all. Motels may not be appropriate in some areas in town. Possibly motels and hotels could be allowed in the C-2 zone by CUP, to ensure that the use is appropriate. Also criteria must be developed, being more restrictive for R-3 property than C-2, as a threshold before considering the use in such zones. ” A motion was made continuing ZCA-75 to the meeting of August 8, 1979 for further staff review. CONTINUED MOTION : Jose SECOND : Marcus AYES: L’Heureux, Schick, Wrench, Marcus, Jose, Larson /L4 PLANNING COMMISSIOl IINUTES July 11, 1979 Page Five (5) D. ZCA-85, City of Carlsbad, Zone Code Amendment to Title 21 of the Municipal Code of Carlsbad, to amend Chapter 21.18 to provide for private senior citizen housing.' , n 'Dave Abrams presented the staff report, recommending approval of the proposal. Jack Henthorn, Redevelopment Coordinator, explained the mechanics of the equity proposal contained in the ordinance. Chairman L'Heureux asked staff if such an equity proposal had been employed elsewhere. Mr. Henthorn responded that the proposal has never been tested in the Courts or anywhere else as of this date. Chai'rman' L'Heureux asked how such a program would be enforced, absent rent control or limits. 'Mr. Herithorn indicated that there are three options open regarding senior citizen housing: 1) CUP process, 2) CUP process with the equity program, and 3) rent control. The Council has indicated that they did not wish to enter into rent control projects, and prefered the granting of sub- standard units for seniors in lieu of rent restrictions or income restrictive programs. At the time that these units should wish to convert to standard units the City may require demolition of the units, upgrading of the units, a cash settlement to bring them up to standard, additional parking, etc. This would be enforceable through the Second Trust Deed provision. The Assistant City Attorney pointed out that the equity proposal is in addition to the standard enforcement procedures inherent in the CUP process. Commissioner Wrench indicated his impression that such an ordinance would enable substandard housing with no guarantees to the City or the occupants. Staff related that Article 34 referendum had recently been defeated. Without Article 34 the City's ability to become active in the housing market is severly restricted. He pointed out that the market should control rent gouging and the CUP process should control regulation and enforcement of the conditions. THE PUBLIC HEARING OPENED AT 8:35 P.M. William Rick, of Rick Engineering, indicated that his firm 'Is still interested in pursuing the project. He believes the CUP requirements are enforceable and will comply with the PLANNING COMMISSIObr-MINUTES July 11, 1979 Page Six (6) conditions as a matter of self protection. He does not view the units as substandard, but rather built to a specific purpose and intent. His lending institution has indicated that they are still willing to lend against the project, and may do so with the Second Trust Deeds if absolutely necessary. He indicates that he would like to bring a Specific Plan back in the near future. THE PUBLIC HEARING CLOSED AT 8:45 P.M. WITH NO FURTHER PUBLIC TESTIMONY. 'Commissioner Wrench inquired as to the 62 age limit. Staff noted that the age for Social Security eligibility is 62 and that the age of 62 is commonly accepted as a standard throughout the State and Federal Governments. The"Comm3ssion expressed concern regarding minimum require- ments of the units, landscaping, setbacks, parking, etc. 'Sta'ff indicated that the guidelines set by HUD or the Uniform Building Code may be set for the units, but that most of the standards currently present in the Code would be applicable. Commissioner Wrench related that the approach was novel and creative but that he did not believe it was workable as submitted. In the absence of some form of rent control it appears the City is receiving nothing in return for their compromising of amenities. 'Comis'sio.ner' 'Schick commented that he may be abstaining from voting on this item due to the history of this matter, in that there are many ramifications to senior citizen housing within the City of Carlsbad that he is not privy to, as a new Commissioner. Commissioner Larson indicated his belief that the City has a moral obligation to provide senior housing, and should be proud to do so. He would like to see the units built as proposed with some form of rent control. Chairman L'Heureux related that senior housing is desirable for the City and the zoning is appropriate. Under the CUP process the City would have as much control as under any other process, but questoned the assurance that such housing will remain available and affordable for senior citizens. A motion was made forwarding ZCA-85 to the City Council with a recommendation for denial based on the fact that no assurance has been given that reduced building standards will be com- pensated by reduced rental rates, and further, that the proposed enforcement techniques appear to be untried, overly complicated, and costly. PLANNING COMMISSION MINUTES July 11, 1979 Page Seven (7) r Chairman L'Heureux indicated that senior citizen housing is desirable in the R-P zone, if such a proposal can be properly worded. The draft as presented does not assure adequate return to the City for their considerations. Also a review of the General Plan Housing Element may afford some additional guidance. Commissioner Schick indicated that reason #2 of the Staff Report, dated July 11, 1979, assured that each project would be considered on its own merits. The motion was withdrawn by its maker, with the concurrence of the second. A motion was made forwarding ZCA-85 to the City Council, with a recommendation for denial, together with the comments that the Planning Commission recognizes the desirability of providing housing for senior citizens, but that the draft ordinance, as submitted, falls short in several respects: 1) No assured method of rent control; 2) No assurance has been given that reduced building standards will be compensated by reduced rental rates; 3) The age limit appears to be low in relation to the assumed reduction in mobility, the relaxed standards in density and parking. APPROVED MOTION : Wrench SECOND : Marcus AYES: L'Heureux, Rombotis, Wrench, Marcus, ABSTAIN: Schick Jose, Larson Chairman L'Heureux then called a ten minute break. The meeting was called to order by Chairman L'Heureux at 9:30 P.M. E. CUP-42 G, Sparks, Conditional Use Permit to develop a 14 acre recreational facility on property generally located North of Palomar Airport Road. - Dave 'Abrams presented the staff report. Commissio'ner' .La'rson asked that condition #14 be expanded to include the provision that the Planning Director must approve the landscaping and irrigation system prior to finaling of the project. He also asked that condition #4 reflect that the Planning Director may bring the project back before the Planning Commission at his sole discretion. Commi's'aio'ne'r' Jo'se asked the identity of the future uses proposed. Staff responded that the ideas are conceptual only at this point, and therefore were not referenced on the plans. PLANNING COMMISSIOL IINUTES July 11, 1979 Page Eight (8) c /- Don Agatep, representing the 14 acres is proposed the applicant, indicated that for development of a recreational facility containing-all types of recreational uses. He indicated that at the present time the CUP only addresses the skateboard park facility and related uses such as roller rinks, etc. He pointed out that over + a million dollars has been spent to date in structural improvements such as sewer, water system, etc., and the applicant proposes to spend an additional $200,000 in the next six to nine months. For this reason an expiration date for the CUP of 10 years is not sufficient, and the applicant would request a 20 year expiration date to allow for amoritization of the investment. He indicated that the applicant opposes conditions #8, 10 and 16 and asks that the hours of operation be extended. Condition #10 prohibits audible sounds at the boundary line of the 14 acres, which is practically impossible. Condition #16 requires a 6' high fence and there is presently existing a 5' fence. Condition #4 requires Planning Commission review of any uses proposed for future development. The applicant feels that those uses which may be in conflict with the project should be brought before the Commission. Co'inmission'er Jose emphasized that in the past condition of approval have not been carried out by the applicants. He would like definite assurance that these conditions will be met. He further agrees with the applicant's position that the 10 year abatement period may not be reasonable. Don .Agatep indicated that the applicant is presently leasing the property with a right of first refusal and option to purchase. Should the CUP be approved, the applicant will proceed to buy the property. THE PUBLIC HEARING OPENED AND CLOSED AT 9:50 P.M. WITH NO PUBLIC TESTIMONY, 'CommiSsian LarSon expressed his belief that a decibel reading of 45 db at the property line should be acceptable. Chairman L'Heureux asked if the approval of this CUP was, in fact, creating an illegal lot split, Sta'ff responded that if the property is purchased a parcel map would be processed. If there are any discrepancies in the CUP, it could be recalled. 'Chairman 'L'.Heureux asked if the sole access to the rest of the property was through this piece of property, and if that other property would become land locked. 'The'AsSiStant City Attorney replied that the lease of the property gives the lessee exclusive rights to the use of that property anyway. The approval of the CUP should not require pr'ocessing under the subdivision ordinance. 'PLANNING COMMISSIO?S"INUTES July 11, 1979 Page Nine (9) Chairman L'Heureux noted that there may be a misconception that in 1982 the owner of the property is, in fact, going to provide a Master Plan. There is no condition that does require such action by the applicant. In 1982 the CUP will expire and if that use should continue, possibly a Master Plan could be required at that time. He expressed concern regarding carving out of this property without some major changes in access, etc. Staff indicated that their main concern was that development on this property could preclude proper development of the rest of the property, and therefore a key into a Master Plan in 1982. This property is able to sustain itself as presently shown, but there will be review periods to help determine continued compatibility. Chairman L'Heureux stated that the abatement period should remain at 10 years, and if the applicant desires an extension at that time, he should bring the matter before the Commission. 'Don Aqa'tep indicated that a Master Plan could be provided within the year indicating a circulation pattern, land uses, subdivision, etc. Staff responded that they would welcome a Master Plan and that approval of the project could be keyed upon same. Commissioner Wrench indicated that it may be pre-mature to require a Master Plan at this time since concepts for the development have not yet been formalized. COmmiSsi'Oner Larson agreed with Commissioner Wrench, stating that the Master Plan would be useless if, in fact, it would subsequently be revised several times prior to ultimate development of the property. A motion was made approving CUP-42G pursuant to the findings contained in the staff report, dated July 11, and subject to the conditions thereof, with the following revisions: Condition #8 - Hours of operation shall be 1O:OO A.M. - 1O:OO P.M. Sunday through Thrusday, and 1O:OO A.M. - 11:OO P.M. on Friday and Saturday. Condition #10 shall note a decibel reading of 45 db at the boundaries of thesite is acceptable. Condition #16 shall require a 5' security fence. Condition #3 shall read: "This approval revokes and super- ceeds all other approvals affecting the subject recreation park property . . I' Condition #4 shall be modified to indicate that the Planning Director shall have full discretion in bringing the matter back before the Commission. *PLANNING COMMISSIOMINUTES July 11, 1979 Page Ten (10) ," cc Condition #14 shall indicate that all landscaping and irrigation shall be installed to the satisfaction of the Planning Director prior to final inspection. Condition #6 shall be revised to reflect that the first review of the project shall be in one year from the date of issuance of this CUP, and every three years thereafter. APPROVED MOTION : Marcus SECOND : Larson AYES : L'Heureux, V. NEW 'BUSINESS A. MS-398, Rita Burton, pan-handle lot on the north side of Basswood Avenue, Schick, Wrench, Marcus, Jose, Larson Minor subdivison to create a between McKinley Street and Pine Avenue. - Dave"Abr'ams presented the staff report, recommending approval. He further informed the Commission that the City Attorney's office had noted a portion of the subdivision ordinance which would not allow both the parcels to use the panhandle for access. Section 20.28.010 "Panhandles may not serve as access to any lot except the lot of which the panhandle is a part", therefore condition #2 would be deleted from the Staff Report. .Mr.. Smith, representing the applicant, noted that the affected homes have been there for almost 50 years and have used the single access thus far with no problems. He urged the Commission to exercise their discretionary power to allow the single access easement in order to maintain the cobble- stone archway onto the easement and the old trees. .. A question was posed regarding fee title easement to the public street. indicated that lot splits creating a panhandle must provide for fee title running out to the public accessway. The specific provisions of the Subdivision Ordinance would have to be reviewed before exceptions to that rule could be stated. The interpretation of staff regard- ing the necessity of separate driveways for access to each lot is correct. The reason for the provision is due to specific problems which arise with cross-easements, joint-easements, maintenance, etc. Commissioner Wrench indicated that he would favor the deletion of condition #2 of staff's report, dated July 11, 1979, and hopes that the issue of egress over the culvert could be resolved at a later time with the City Engineer, or through some other appeal process. . PLANNING COMMISSIO. 4INUTES July 11, 1979 Page Eleven (11) - A motion was made approving MS-398 in accordance with the findings made in the Staff Report, dated July 11, 1979, and subject to the conditions thereof, with the deletion of condition #2. APPROVED MOTION : Wrench SECOND : Larson AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson B. ROI-162, City of Carlsbad, Declaration of Intent to consider recommending to the City Council an Amendment to Section 21-24.030 of the Carlsbad Municipal Code pertaining to "building height" in the RD-M Zone.- Dave Abrams presented the staff report recommending approval. A motion was made approving ROI-162 in accordance with the staff report, dated July 11, 1979. 'APPROVED MOTION : Larson SECOND : Wrench AYES : L'Heureux, Schick, Wrench, Marcus, Jose, Larson VI. OLD BUSINESS A, .SDP 79-2, City of Carlsbad, 1800 square foot temporarily modular office building within the east of the existing City Hall complex, located directly east of the existing Council Chambers Building, south of the main administration building. - Dave' Abrams presented the staff report. CommTssioner 'Wrench expressed extreme displeasure with the processing of this project and indicated that were the applicant a citizen, the project would have been processed through appropriate channels. He indicated that the project, as proposed, smacks of poor planning and is a hip shot solution to the problem of overcrowding. He believes the appropriate procedure would be the submission of a properly planned site development, not the plan as presented. In his opinion the -proposed plan is totally unacceptable and in no way meets the needs of the City of Carlsbad. A motion was made denying SDP-79-2 as being totally unacceptable as submitted. Ji'm'Haga'man, Planning Director, referenced the memo of the City Manager regarding public improvements, and provided a background into the proposed SDP. - PLANNING COElMISSIC MINUTES July 11, 1979 Page Twelve (12) ,- A motion was made approving SDP 79-2 as recommended by staff. APPROVED MOTION: - Marcus SECOND: Schick AYES: L'Heureux, Marcus, Larson, Schick NOES : Wrench, Jose VII. APPROVAL OF MINUTES A motion was made approving the minutes of June 27, 1979 as read. APPROVED MOTION: Larson SECOND: Jose AYES : L'Heureux, Marcus, Larson, Schick, Jose ABSTAIN: Wrench VIII. APPROVAL OF RESOLUTIONS A. Resolution No. 1530, Donald Ayers, CT 79-4 A motion was made approving Resolutoin No. 1530 as submitted. APPROVED MOTION: Jose SECOND : Larson AYES : L'Heureux, Marcus, Larson, Schick, Jose ABSTAIN: Wrench B. Resolution No. 1531, City of Carlsbad, ZCA-105 A motion was made approving Resolution No. 1531 as submitted. APPROVED MOTION: Schick SECOND: Larson AYES: L'Heureux, Marcus, Larson, Schick, Jose ABSTAIN: Wrench IX. OTHER BUSINESS Mr. Jim Hagaman indicated that he would appreciate Commission input as to subject matter for a Planning Commissioner's workshop to be scheduled later this year. The Commission expressed interest in Senior Citizen Housing, Rent Controls, Planning Commission activities in other cities, building programs in other cities, and the latest Coastal Commission policies. PLANNING COMMISSIC - MINUTES July 11, 1979 Page Thirteen (13) In addition, the Commission expressed desire for staff feedback on the budget process, the Housing Commission, and other City actions which may be pertinent or of interest to the Commission. Mr. Hagaman indicated that he would be bringing such items before thrcommission in the future for their information, He then informed the Commission as to the current status of the Lake Calavera Hills project, promissing to forward to the Commissioners a copy of the latest conditions of approval for that project, as well as the latest Council policy decisions. Commissioner Jose indicated interest in a quarterly meeting of Planning Commissioners throughout the San Diego County. X. There being no further business, the meeting adjourned at 11:45 P.M. Respectfully Submitt@, Mbr’gareg Sackrider Recor-di g SecreXary I ,