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HomeMy WebLinkAbout1979-07-25; Planning Commission; MinutesPLANNING COMMISSION-MINUTES CITY OF CARLSBAD July 25, 1979 Page One (1) NW OFFICIAL UNTIL I ROVED 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. 11. ROLL CALL r Commissioners present: Chairman L'Heureux, Commissioners Marcus, Jose, Larson, Schick, Rombotis Commissioner absent: Commissioner Wrench Ex Officio Members present: James C. Hagaman, Planning Director; Dan Hentschke, Assistant City Attorney. Staff present: Bud Plender, Assistant to the Planning Director; Dave Abrams, Associate Planner; Brian Milich, Assistant Planner; Les Evans, City Engineer. 111. AGENDA ITEM COMMUNICATIONS A. The minutes of the Housing Element Citizens' Committee meeting of July 18, 1979 were distributed.'.'" .* B. A memorandum from Jack Henthorn, Redevelopment Coordinator, regarding General Plan Redevelopment Plan, was distributed. C. A memorandum regarding the Captial Improvement Program for 1977, 1978 and 1979 was circulated. D. Rick Alexander, of Comprehensive Planning Organization, gave a slide presentation on the historical resource study recently conducted in Carlsbad. - IV. CONTINUED PUBLIC HEARINGS A. CUP-163, Dean, to legalize an existing auto storage yard on two lots on Tyler Street. - Commissioner Rombotis indicated that he would be abstaining and left the podium. Mr. Dave Abrams presented the staff report, recommending approval. He also distributed proposed wording for the modification of Conditions #4 and #8. Commissioner Larson asked what the exact spacing distance of the longifolia acacias is to be. Staff replied that condition #11 specifies 5' centers for the plants. I' PLANNING COMMISSIOT"I1NUTES July 25, 1979 Page two (2) THE PUBLIC HEARING OPENED AT 7:40 P.M. Don Agatep, 2921 Roosevelt, representing the applicant, produced a Certificate of Compliance, duly executed by - the City Ensineer on February 24, 1977, establishing that th;! second lot (in question) is a legal lot and may take access from the easement. He contends that the applicant has provided more than adequate proof of title and right to the easement. The applicant is in general agreement with the staff report but disagrees with condition #8, regarding access being taken off of Tyler Street, and condition #15 regarding consolidation of the lots. THE PUBLIC HEARING CLOSED AT 7:45 P.M. WITH NO FURTHER TESTIMONY. Sta'ff pointed out that the consolidation of the lot is to satisfy Section 21.04.210 of the Municipal Code, requiring that a lot must have usable access over a public dedicated easement of at least 30 feet, and the lot in questions has an easement of only 20 feet, thereby remaining non-conforming according to the code. The' Ass'is'tant City Attorney indicated that a thorough review of the Certificate of Compliance would have to be accomplished, as that office has received no concrete evidence as to the chain of title to said easement as of this date. He suggested that the Commission make a policy decision as to non-conforming lots within the City. He further noted that if the Commission should determine that such consolidation of the lots is desirable, once proper access is determined on the basis of the chain of title, private access to the second lot would be permissible, based on proper dedication of the private access. He indicated that the applicant wishes to keep the lots separate with the primary access off of Tyler. Chairman 'L'Heureux pointed out that future uses of the property should be considered as well as whether or not the Commission wishes to perpetuate such an access to a rear lot off of a 20' easement. Commissioner Schick indicated his belief that no consolidation should occur prior to review of the impact upon the redevelop- ment plan. Comi'ss.io'n.er Larson related his position that the 20' access should be utilized, rather than rendering the front lot un- usable, small, and having access on both sides of the property. He proposes that condition #15 be modified to indicate that if the City Attorney finds proper title, that no consolidation be made, and lot #2 be allowed to take access off of the easement. PLANNING COMMISSION MWUTES July 25, 1979 Page three (3) Tc Commissioner Jose commented that it appears that Some policy guidance should be given by Council regarding non- conforming lots. Chairman L'Heureux reiterated that it is staff's opinion that, regardless of the secondary access on the easement, the lots should be consolidated with the primary access being taken off of Tyler, Some direction should be given to staff for future reference. A motion was made to approve CUP-163 based on the findings, and subject to the conditions contained in the staff report dated July 25, 1979, together with the following changes and additions, Condition #4 shall be altered to read: "Any auto impounding operation currently being conducted in Assessor's Parcel No. 204-070-07, (which is the westernmost lot, and not included in this approval) shall cease immediately and all autos currently on that lot shall be removed." f Condition #8 shall be revised to read: "Access to Assessor's Parcel Nos, 204-070-02 and 204-070-04, which comprise the approved impound yard, shall be from Tyler Street only. No access is permitted across the easement. If access rights are proved to the satisfaction of the City Attorney, the applicant may use the easement for access, subject to the approval of the Planning Director". Condition #9 should be revised to read: The applicant shall remove both residences as shwon on Exhibit A, dated July 18, 1979, on file in the Planning Department within 90 days of approval of this CUP. Condition #15 shall be modified to read: "The applicant shall make available to the City Attorney those documents necessary to prove title to the easement in question. Said legal determination shall be made no later than 90 days from the date of approval of Resolution #1538. An additional condition shall be add.ed setting forth that: "The applicant shall apply for an adjustment plat to consolidate lots 204-070-02 and 204-070-04 within 90 days of approval of this CUP, in order to assure legal access to lot 204-070-04. . Should the City Attorney determine that legal access to said lot currently exists, no adjustment plat will be required." APPROVED MOTION: Larson SECOND: Schick AYES: L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis PLANNING COMMISSION 1 'UTES July 25, 1979 Page four (4) A. B. CUP-164, Kentucky Fried Chicken, to allow a "drive- thru" addition to an existing chicken store. - Mr. Brian Milich presented the staff report, recommending denial of the project. Dave Carlson, 923 Cardiff, Anaheim, representing the applicant, indicated that the staff report referenced a traffic count comparison with Jack In The Box and Carls Junior restaurants. He indicated that Kentucky Fried CChicken is a dinner restaurant, not merely a fast-food chain. The average check exceeds $5.00 per person, as opposed to $1.25 to $1.75 at McDonalds and Carls Jr. The customer normally purchases chicken for the entire family, therefore the car count is proportionately less. $25,000 worth of receipts per month represents approximately 200 cars per day, while at McDonalds the car count is twelve to sixteen times that amount. The increase in traffic would be, at best, 10% of 200 cars, or approximately 40 to 60 cars per day generated by the drive-thru. He went on to say that the employees of the restaurant can't serve each customer in less than 1% to 3 minutes. He indicated that the applicant would urge approval of the project and would be willing to install the drive-thru and, if it should be later determined to be a conflict, abandon the use of the drive- thru. THE PUBLIC HEARING OPENED AND CLOSED AT 8:30 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Jose related that he agreed with staff in that a right turn only sign should be posted at the ingress onto Elm Avenue, although he does not believe such a- sign would be obeyed. He further inddicated agreement with the applicant on several points, including the extent of traffic hazards posed by the project. He related that in the past he has strongly opposed projects creating worse traffic hazards, which have ultimately been approved and constructed. He indicated that he had driven by the site several times over the past week and has never seen the parking lot congested. Commissioner Rombotis stated that he would like to see the plans reworked by staff. He has no objection to the right turn onto Elm but to the second curb cut on Elm. Chairman L'Heureuux expressed concern regarding the subsequent lease, etc. of the property to another fast food chain, thereby creating a greater traffic hazard. Commissioner Schick asked what the position is of the Redevelopment section in this regards. Commissioner Larson indicated he would support a continuance to resolve the serious circulation problems. He believes an additional curb cut would be dangerous. He can anticipate that, even with the low volume of business, cars would be stacking Out into the street, blocking the entrance, Planning Commission Minutes July 25, 1979 Page five (5) Chairman L'Heureux expressed agreement with Commissioner Larson and indicated that he could not vote favorably based on the documents and plans submitted thus far. Commissioner Jose suggested that staff take a look at Arbys in San Diego as they have a separate building to service the drive-thru customers. He stated that possibly a pick-up station could be established further east on the property. A motion was made continuing the item to August 22, 1979 to allow the applicant and staff to further research and redesign the plan to'conform with the concerns of the Commission. CONTINUED MOTION: Rombotis SECOND : Schick AYES: L'Heureux, Rombotis, Schick, Marcus, Larson, Jose AT THIS TIME A 10 MINUTE RECESS WAS CALLED. The meeting resumed at 9:00 P.M. V. NEW PUBLIC HEARINGS c A. V-292, Dresser, to reduce the required rear yard setback to approximately seven feet to permit constuction of a building addition. - Mr. Dave Abrams presented the staff report, recommending denial of the project. Dennis Dresser, the applicant, agreed that most of the staff findings are correct, but disagrees with the finding that he is not being denied a right enjoyed by surrounding property owners. He indicated that in his particular tract there are three other homes with a lot configuration such as his. He indicates that the placement of his home so close to the rear property line gives him inadequate room. He related that his neighbors have 31' and 45' to their rear yards respectfully and most of the neighbors either have deeper yards or no slopes. He noted that building to the north of the house would interfere with the natural drainage of the property, and in addition he is constructing the addition to accomodate his wife's medical condition, in order to provide a therapeutic spa for her use. For this reason the addition should be to her bedroom, rather than to the north side of the house. - THE PUBLIC HEARING OPENED AND CLOSED AT 9:25 P.M. WITH NO PUBLIC TESTIMONY. Commissioner Rombotis indicated his belief that there are necessary findings available to approve the project. Planning Commission mutes July 25, 1979 Page six (6) P Commissioner Larson disagreed, believing that there are no unusual circumstances in this case.requiring special consideration. Commissioners Jose and L'Heureux agreed with Commissioner Larson, stating that such an approval would be a precident in the area. Commissio.ner. Sc'hick indicated that the health problem should be considered. A motion was made approving V-292 for the reasons that: 1. There are unusual circumstances due to the unusual configuration of the lot in relation to properties in the immediate area. 2. Strict application of the zone requirements substantially limits a property right possessed by other property in the same vicinity and zone. detrimental to the public welfare. the comprehensive General Plan. 3. Granting of the variance would not be materially 4. The granting of the variance will not adversely affect r DENIED MOTION : Rombotis SECOND: Schick AYES : Rombotis, Schick, Marcus NOES : L'Heureux, Larson, Jose A motion was made denying V-292 for the reasons set forth in the staff report dated July 25, 1979. DENIED MOTION : Jose SECOND : Larson AYES: L'Heureux, Larson, Jose NOES : Rombotis, Schick, Marcus A motion was made continuing V-292 to the meeting of August 8, 1979. APPROVED MOTION: Rombotis SECOND : Jose AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson Planning Commission mutes July 25, 1979 Page seven (7) - r ,-- B. CUP-165, May, to replace existing lathhouses with four aluminum, plastic coated greenhouses. Dave Abr'ams presented the staff report, recommending approval, and noting to changes to the conditions contained therein. Herman May, the applicant, 2041 Sheridan Road, Leucadia, indicated that he had an existing greenhouse operation in Leucadia. He noted agreement with the staff report and the amended conditions thereto. He related his intent to resurface the existing decomposed granite driveway with blacktop. In response to questions by the Commissioners, he indicated that the height of the structures, at the peak, would be 12', that no night lighting was anticipated, and that the use was for potted and foliage plants, with no cut flowers. THE PUBLIC HEARING OPENED AT 9:35 P.M. Ed Miller, 2910 Monroe, applauded the applicant for cleaning up the property, indicating that he had lived across the street for 30 years and the property has rarely look so good. He asked what uses were anticipated for the other three sections of the property, to which Mr. May replied that no use was being considered at this time. Mr. Miller further commented that there was a need for a sidewalk or blacktop along the Monroe side of the property. Wayne Vander.linden, 3961 Scott Drive, asked if the Eucalyptus trees along the south side of the property could be removed, as they have become a nuisance. He further noted that during heavy rains there is extensive water damage from the vacant land, as silt runs through the fenced area onto the backyards of adjoining property. He asked what traffic is expected to be generated by the business, and what the normal hours of operation will be. Vince Ramavi'ck, 3965 Skott Drive, asked if there would be outside fans or compressors, and if the stazucture of the building is to be plastic or metal framed. In addition, he wondered what distance from the south boarderline the building would be constructed on. Mr. 'May replied that the building was to be constructed of aluminum and steel, with sides of fiberglass and the top of double coated plastic, which should last approximately 1% to 2 years. The building will be located sixteen feet from the property line. r2ommission.e.r ,Rombotis pointed out that the plans show the building as being constructed 20' from the property line. THE PUBLIC HEARING WAS CLOSED AT 9:55 P.M. WITH NO FURTHER PUBLIC TESTIMONY. h Planning Commission Minutes July 25, 1979 Page eight (8) r Commissioner Larson inquired as to the hours of business, traffic generation, and drainage along the south side of the property. Mr..May replied that the business is to be run by the famlly, including himself, his wife and son, and the hours should be from 7:OO A.M. to 4:30 P.M., with no operation on Saturday and Sunday. As to the trees, he would be glad to remove them if the Commission so agrees. He related that the only truck traffic would be his own pickup truck a couple of times a day for the transfer of the plants to the Leucadia location for sale. As to the drainage on the south, he would be ameniable to paving that section, with sloping away from the fence and out to the street. He indicated that he would put up a wall along that portion of the property if it became necessary. Commissioner' La'rson suggested that condition be added regarding the drainage on the south, the hours of operation, night lighting, and removal of the Eucalyptus trees to the satisfaction of the Parks and Recreation Department. A motion was made approving CUP-165 pursuant to the findings and conditions as contained in the staff report, dated July 25, 1979, and with the following additions and corrections: Condition #2 shall be revised to read: "If an approved greenhouse ceases operation for a period longer than six months or is not maintained as required herein, the property owner shall be notified that said greenhouse(s) is considered a public nuisance and shall be immediately removed at no expense to the City." Condition #5 shall be removed. Additional conditions of approval shall be added as follows: "The owner shall grant to the City a 9' easement for public street purposes along the entire frontage of Park Drive, includfng a 25' curb return at the intersection of Park Drive and Monroe Street." "The Planning Director shall conduct an annual review for the duration of the CUP to determine compliance to the conditions established herein. If it is determined that the conditions are not being met, the Planning Director shall submit a report on the matter to the Paanning Director shall submit a report on the matter to the Planning Commission. The Planning Commission may, upon receipt of this report, conduct a public hearing to consider any necessary action on the CUP." Planning Commission Minutes July 25, 1979 Page nine (9) r" CUP-165, May ('CONTINUED) "A drainage system shall be installed to the satisfaction of the City Engineer, to assure proper drainage along the south property line of the property." "The building height shall not exceed 14'". "The hours of operation shall be from 7:OO A.M. to 6:OO P.M., Monday through Friday." "There shall be no night lighting in conjunction with the permitted greenhouse operation." APPROVED MOTION: Rombotis SECOND : Jose AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Larson A minute motion was made forwarding the concern regarding traffic safety to the Traffic Safety Committee, for review and suggestions relative to the possible paving of that portion of the property along and on Monroe Street. APPROVED MOTION : Schick SECOND : Larson AYES: L'Heureux, Rombotis, Schick, Marcus, Jose, Larson C. ZCA-110, City, of Carlsbad, to allow the storage of recreational vehicles in specfic zones, upon the granting of a Conditional Use Permit. Brian Mi,li,ch presented the staff report, recommending approval. THE PUBLIC HEARING OPENED AT 1O:lO P.M. Don Agate , 2921 Roosevelt, indicating that is was his under- dhat the City Council had directed that mini-warehouse uses be included in the Zone Code Amendment and requesting that the matter be continued for the resolution of this discrepancy. THE PUBLIC HEARING CLOSED AT 10:15 P.M. Staff indicated that there has been no study initiated in regards to mini-warehouses within the City, that the final direction from the Council was only directed toward RV storage. Commissidner. 'Jose asked how mini-warehouses in the Ponto area would be affected. Planning Commission Minutes July 25, 1979 Page ten (10) P- Staff responded that the mini-warehouse facility at Ponto was developed under City ordinance in the Industrial Zone. Commissioner Larson indicated that he would like to see RV storage and mini-warehouses included in the same Zone Code Amendment, but since this ZCA was before the Commission, possibly they could act on this and direct that work begin on mini-warehouses. He related concern over RVs being allowed in the R-3 Zone, which would allow the beach area. Commissioner Schick related that he believed RV and mini- warehouses had been combined, and wondered when the split was made. Chairman L'Heureux stated that he would favor the combination of the two uses, together with guidelines as to minimum size, area, zoning, applicability of the R-3 Zone, and suggested conditions of approva.1. A motion was made to continue ZCA-110 to August 22, 1979 and that a minute motion be sent to the City Council recommending that ZCA-110 include mini-warehouse storage. APPROVED MOTION : Larson SECOND: Rombotis AYES: L'Heureux, Rombotis, Schick, Marcus, Jose, Larson D. ZCA-109, City of Carlsbad, amendment to the Condominium Ordinance. ,. .: Bud Plender presented the staff report, recommending approval of the amendment for technical changes to the Condominium Ordinance. THE PUBLIC HEARING OPENED AT 10:30 P.M. ___he John Jose h, 2704 La Goldrina, noted that the development standar s of the Condominium Ordinance, 21.47.130 Development Standards (1) Setbacks, item B may not apply in some circum- stances. Staff explained that the minimum driveway width is 24', for proper traffic movement within a normal development. For an alley in the City, the requirement is 24'wide plus a 5' backup distance. The Condo Ordinance requires 5' sep- aration from the driveway to the garage. In apartment house development, without this requirement of the additional 5', the driveway is only 24'. Staff has had Planning Commission r-utes July 25, 1979 Page eleven (11) considerable problems with this because people have been developing through the years on the 24' basis, and did not realize the new requirement of the extra 5'. Another problem exists in determining what is a driveway and what we would consider part of the parking lot. THE PUBLIC HEARING CLOSED AT 10:45 P.M. WITH NO FURTHER PUBLIC TESTIMONY. Chairman L'Heureux expressed disagreement with the condition regarding the refuse area. He felt that such open refuse area would be a fire hazard and cause a litter problem if the bin became full. He also questioned the section regarding gas and electric service, as to how short term rentals can be monitored. Staff replied in regards to gas and electric service that a finding is required that the units are for short term rental. This finding would be made at the time of public hearing by the Commission. A motion was made approving ZCA-109 in accordance with the recommendation of the staff report, dated July 25, 1979, and with the deletion of section 6, 21.47.130 Development Standards, on file in the Planning Department. c- (5) Refuse Area, as contained in Exhibit A, dated July 18, 1979, APPROVED MOTION: Schick SECOND : Larson AYES: L'Heureux, Rombotis, Schick, Marcus, Jose, Larson A minute motion was made forwarding the various problems contained in the Condominium Ordinance to the City Council for direction as to the resolution of those problems. APPROVED MOTION : Schick SECOND : Jose AYES: L'Heureux, Rombotis, Schick, Marcus, Jose, Larson VI. APPROVAL OF MINUTES rc A motion was made approving the minutes of July 11, 1979 as corrected. APPROVED MOTION : Jose SECOND : Larson AYES: L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis Planning Commission nutes July 25, 1979 Page Twelve (12) -h VII. APPROVAL OF RESOLUTIONS A. No. 1532, City of Carlsbad, ZC-204, Q Overlay. A motion was made approving Resolution No. 1532 as corrected. APPROVED MOTION : Jose SECOND : Larson AYES: L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis B. No. 1533, City of Carlsbad, ZCA-85, Senior Housing. A motion was made approving Resolution No. 1533 as amended. APPROVED MOTION : Jose SECOND : Marcus AYES: L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis C. No. 1534, Sparks, Inc., CUP-42G, Recreational Facility. A motion was made approving Resolution No. 1534 as read. APPROVED MOTION : Jose SECOND : Marcus AYES: L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis D. No. 1535, Crisman, CUP-l24(A)-l, Montessori School A motion was made approving Resolution No. 1535 as read. E. APPROVED MOTION: Larson SECOND : Schick AYES : L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis No. 1536, Burton, MS-398, Panhandle lot. A motion was made approving Resolution No. 1536 as submitted. APPROVED MOTION: Larson SECOND : Schick AYES : L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis Planning Commission nutes July 25, 1979 Page Tkirteen (13) A F. No. 1537, City of Carlsbad, SDP 79-2, City Offices. A motion was made approving Resolution No. 1537 as submitted. APPROVED MOTION : Schick SECOND : Larson AYES: L'Heureux, Schick, Marcus, Jose, Larson ABSTAIN: Rombotis VIII. ADDITI'ONAL BUSINESS Mr. Plender announced that Dave Abrams, Assistant Planner, will soon be leaving us and plans were made for a farewell party to be held on Friday, August 3, 1979, on Calavo Circle. IX. There being no further business, the meeting adjourned at 11:OO P.M. Respectfully Submi&ted, Mar&ret Sackrider Recording Secretary ATTEST :