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HomeMy WebLinkAbout1980-01-23; Planning Commission; MinutesPLANNING COMMISSION MINUTES CITY OF CARLSBAD January 23, 1980 NOT OFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF THE CARLSBAD PLANNING COMMISSION CALL TO ORDER The meeting was called to order at 7:00 P.M. by Chairman Schick. ROLL CALL Commissioners present: Chairman Schick, Commissioners Rombotis, Leeds, Marcus, Larson, Friestedt, Jose Ex Officio members present: .James C. Hagaman, Planning Director Staff present: Bud Plender, Principal Planner; Bill Hofman, Associate Planner; Charles Grimm, Associate Planner; Richard Allen, Principal City Engineer. PLEDGE OF ALLEGIANCE /- The predge of allegiance was led by Chairman Schick. AGENDA ITEM COMMUNICATIONS Mr. Plender requested that the agenda be adjusted to allow MS-402 to be heard prior to the Housing Element because a request for continuance would be presented. The Chair con- curred and placed the Housing Element as the last item. Mr. Plender informed the Commission that a letter from South Coast Asphalt would be introduced to the Commission at a later time during the meeting. Commissioner Schick explained to the audience the procedure of the hearing and advised the applicants of their right of appeal to the City Council. CONTINUED PUBLIC HEARINGS A. CT 79-23/CP-32, Kupfer, 18 unit condominium development on Altisma Way, La Costa. Staff Report: Bud Plender presented the staff report, advising the Commission that this item had been continued in order to allow the applicant time in which to redesign the project to meet staff requirements. The new plans have not yet been finalized so a request was made by staff, with the concurreance of the applicant, for another continuance. Motion: A motion was made to continue CT 79-23/CP-32, Kupfer, to February 13, 1980. MOTION: Rombotis SECOND: Jose AYES: Rombotis, Friestedt, Marcus, Leeds, Jose, Schick, Larson NEW PUBLIC HEARINGS A. CUP-171, Coast Waste Management, Conditional Use Permit to allow for the expansion of a non-conforming use in the RDM Zone. Staff Report: The staff report was presented by Bill Hofman, advising the Commission that the project was approved by the County in the M-Zone; however, after annexation the City changed the zone to RD-M, restricting the uses to residen- tial. As a result, Coast Waste Management facility became a legally non-conforming use. Construction has already begun on the building, without obtaining building permits, and is situated adjacent to the east property line, allow- ing no setback from the adjacent property line. The RD-M Zone requires a 10 foot setback, and staff requests that an additional condition be added requiring a ten foot set- back from the east property line. Staff recommends APPROVAL of CUP-171 based on the findings and conditions stated in the staff report, with the addition of a condition for a ten foot setback from adjacent property. Commissioner Larson questioned Condition 6 of the staff report involving the submission of the parking area plans to the City Engineer for approval; staff responded that it was the type of asphalt and materials to be used that would be subject to approval by the City Engineer. Com- missioner Larson asked if this understanding had been conveyed to the applicant and was assured by staff it had been. In response to Commissioner Rombotis's questions, staff informed the Commission that this was a new structure, in the framing stage, situated on the property line with no setback. P.C. Minutes Page 2 - In response to Commissioner Friestedt's questions, staff informed the Commission that the purpose of the building was to enclose the area for maintenance of trash trucks. Staff further stated that facilities for the disposal of hydraulic fluids and oils already exist on the site and that no new sewer hookups would be required. Commissioner Schick questioned the square footage of the structure, pointing out a difference between the stated square footage on the plot plan and the stated dimensions of the building. Applicant Presentation: Arie De Jong, owner of Coast Waste Management. Mr. DeJong expressed agreement with Commissioner Jose's concern of beginning the structure prior to obtaining the necessary permits but stated the extreme nature of the problem as he saw it compelled him to make the deci- sion to begin construction anyway. He stated that the building was for the purpose of enclosing the trucks dur- ing maintenance so that the men working on them would be out of inclimate weather. He said that it had been virtu- ally impossible to retain a competent crew because they could not perform repair.. work out of doors during the rainy season. He stated that he has acquired other property upon which to relocate this business but that a move such as this requires time. He stated that the building would be a 3000 square foot structure. In response to the question of drainage for oils, etc., he stated that this site had previously been a service station and they use the existing storage tanks to store oil, etc. The tanks are periodically pumped out. With reference to the setback requirement, Mr. DeJong said that he had discussed the situation with the Fire Captain and had been advised that the purpose of the ten foot setback was for fire safety; that the problem could be handled by a fire wall and the setback requirement could then be waived. Mr. DeJong stated that he had hoped to solve the problem with his neighbor; the only problem he could see for the neighbor's complaint was that the proposed building would create shade on her guest house and lawn. He said he had r- P.C. Minutes Page 3 considered moving the building but the cost factor was too great. He further informed the Commission that the CUP was only for five years and he would be gone from the site then. The only other solution he could see would be for the Commission to grant him a longer CUP period and then relocating the building might be econo- mically feasible. Commissioner Rombotis inquired about the height of the building and was informed by the applicant that it would have to be 21 feet high in order to accommodate the type of trucks used for trash collection. He further advised the Commission that there would be no clean-up facilities such as restrooms in the building. Public Input: Nick Banche, Attorney, 702 Fourth Street, Oceanside, representing Elsa Cannon. Mr. Banche stated that Ms. Cannon's property abuts the DeJong property and is a single-family dwelling with guest house and boarding kennel built in 1971. Ms. Cannon has no opposition to the expansion of the facility, only the location. The height of the structure would keep her property in perpetual shade. Mr. Banche noted the struc- ture could have been placed either on the north or south side of Mr. DeJong's property and thus have eliminated the problem altogether. He further stated there is a ten foot setback requirement for this structure and since Mr. DeJong would have to relocate the structure in order to comply with this requirement, there was no reason why the struc- ture could not be relocated to another site thus eliminat- ing the problem. Mr. Banche introduced pictures of Ms. Cannon's dwelling to the Commission. Rebuttal: Mr. DeJong stated that he had considered adding to the existent building at another location but fuel pumps were located between the existent building and the Cannon pro- perty. These fuel pumps necessitate a certain amount of open space surrounding them for safety conditions and this was the reason for the location site decision. Mr. DeJong then introduced pictures of the site to the Commission. Commissioner Rombotis asked what would be done with the building in five years when the CUP expires: Mr. DeJong stated that the building was metal and could possibly be P.C. Minutes Page 4 reassembled at another location; that he would have to evaluate the economic feasibility of that at the time of expiration of the CUP. Commissioner Rombotis then inquired whether or not the applicant was agreeable to the ten foot setback and was informed by Mr. DeJong that he was not. The public hearing closed at 7:45 P.M. Planning Commission Discussion: Commissioner Rombotis stated that an alternate site should be provided; that in order for the applicant to comply with the ten foot setback requirement the structure would have to be relocated so he could see no reason for not moving it to another site. Commissioner Friestedt said he could not approve the CUP at the present site. Commissioner Larson stated the site is of adecuate size to move the structure; he would like to grant-the CUP but not at the present location. Commissioner Leeds and Larson. Jose concurred with Commissioner Commissioner Schick stated that he also concurred, but cautioned the applicant that the relocation should be compatible with the neighborhood. Planning Commission Action: A motion was made to continue CUP-171 to February 13, 1980, to allow the applicant time to provide another site for the structure. MOTION: Friestedt SECOND: Jose AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt Larson B. CUP-174, La Costa Land Company/Community Antenna Systems, Inc. Request to install an earth station for cable television located in the undeveloped area north of Alga Road, east of El Camino Real and west of Unicornio Road in the P-C Zone. Staff Report: The staff report was presented by Bill Hofman. He informed the Commission that staff had erred in the staff report by P.C. Minutes Page 5 - stating that this application was exempt from the public facilities fee. However, staff now believes the use is not a quasi-government facility and that such projects are subject to the public facility fee, and requested that the following condition be included: "4 . This approval is expressly conditioned upon payment of the applicant of a public facilities fee required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated by reference, according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan." Staff recommended APPROVAL of CUP-171 based on the find- ings and conditions in the staff report and the added condition above set forth. Commission Friestedt asked if the foundation required a building permit; staff answered yes and added that the applicant had submitted a secured agreement cash bond and has met the conditions of Policy 17. Applicant Presentation: Fred Morey, Vice-President, La Costa Land Company, Carlsbad, California. Mr. Morey concurred with the staff report and agreed to the additional condition. The public hearing closed at 8:55 P.M. Planning Commission Decision A motion was made APPROVING CUP-174 based on the and conditions of the staff report together with tional condition above stated. MOTION: Larson SECOND: Friestedt AYES: Schick, Rombotis, Jose, Leeds, Marcus, Larson findings the addi- Friestedt C. MS-402, Jordan, Minor Subdivision creating panhandle lots on Park Drive, just north of Sunrise Circle. Staff Report: The staff report was presented by Bud Plender. Staff P.C. Minutes Page 6 - - indicated that on January 23, 1980, staff had been contacted by one of the property owners indicating a willingness to dedicate the necessary land to align James Drive. In addition, staff has reviewed the sewer allocation list and finds that 19 EDU's have been granted to property owners in the general vicinity which will probably result in the City requesting an alignment of James Drive. If this should happen, there will be no necessity for a panhandle lot. Under the circumstances, a continuance until March 12, 1980, was requested. Applicant presentation: David Thomas, Vice President, Thomas Engineers, represen- tative of the applicant. Mr. Thomas indicated to the Commission a willingness to work with staff to accomplish this goal. Planning Commission Action: A motion was made to continue MS-402, Jordan, to March 12, 1980. MOTION: Friestedt SECOND: Jose AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt. Larson D. EIR-80-1, Housing Element EIR, Environmental Impact Report analyzing potential impacts of the proposed Housing Element. Staff Report: The staff-report was presented by Charles Grimm recommend- ing that if the Commission found-the EIR to be adequate in addressing the potential impacts of the Housing Element, a minute motion be made to certify the EIR. Staff stated that the EIR had been completed in September of 1979 and sent for review as required by statute; however, only one response was received. Mr. Grimm also stated that the EIR was general because it is a housing policy statement. Staff then introduced Margaret Goldstein, the City's Housing Consultant. Chairman Schick commented that the voluminous draft had been mailed to the State in September of 1979, yet received by the Planning Commission on February 18; he stated that the Commission was an investigative body and thus required time to read and digest this material. P.C. Minutes Page 7 C Mr. Grimm advised the Commission that the delay was brought about by additional changes to the Housing Element recommended by the State Department of Housing and Community Development. Commissioner Rombotis said he needed more time to review the document. Commissioner Jose stated that he needed more time for the intensive amount of reading the document would require but wished to commend Ms. Goldstein and Mr. Anderson and his committee for the job they had done. Commissioner Friestedt recommended the formation of a work- shop to study the EIR before finalization. Mr. Grimm advised the Commission that he had received a memorandum from the City Attorney advising that the Housing Element Guidelines are of an advisory nature and not mandatory. Commissioner Larson stated that the EIR was of a summary nature and appears to be complete; however, he needs time to review the document. \ Commissioner Leeds agreed with Commissioner Larson about the time needed for review. Commissioner Schick felt certain specifics in the draft should be clarified, to-wit: Page 9 - the Commission should be concerned with the Carlsbad area per se rather than the San Diego metropolitan area. Page 10 - the reference to San Diego is not applicable: again, the concern should be with Carlsbad specifically. Page 11 - there is a question as to the importance the air quality and noise factors have played in Carlsbad's recent growth. Page 12 - he questions whether Carlsbad's topography is its "most" important feature. Page 12 - questions whether or not the word "site" is the appropriate word in the last sentence. P.C. Minutes Page 8 P .- Page 13, Land Uses - he feels we should add El Camino Real as the boundary relates to State Highway 78 for a more finite location of the area concerned. Page 13, Transportation - he does not concur with the figure six as the amount of major exists. Page 15, Housing - the sentence "In addition much of the multi-family construction which has taken place has actually been condominium development, further restrict- ing the rental supply" needs clarification. Commissioner Schick asked if this is fact or conjecture; if factual, he wishes to know the percentage factor. Page 15, the overstock of housing - cannot locate census tract 179. Page 15, the term "non-residential uses" - term should be defined. Page 17 - again the term non-residential uses should be defined. Page 17 - relative to the overcrowding - should elaborate on whether or not anything is being done about this condi- tion presently. Page 20, paragraph 2, Impacts - questioned whether or not the City is ready to institute a zone code amendment to encourage the development of mobile home parks. He feels this is a platform to institute mobile home parks if this is the desired diversification referred to in the EIR. Page 21 - It was stated that the sentence discussing fee reduction should be changed to include moderate income housing. Ms. Goldstein stated to the Commission that the EIR makes it clear that low income is forgiven this fee, but is vague concerning moderate income housing. Page 22, last sentence - Feels scenerio is being set for positioning around individual lots within the City; the EIR should differentiate between individual lots in a mobile home park and individual lots within the community. Page 25, line 6 - this should be under services needed to support the elderly without ennumerating so as to eliminate a possible constraint. T- P.C. Minutes Page 9 Page B-2 - needs clarification; cannot tell if this is an inducement to attract builders or a rental market tax inducement. Commissioner Rombotis stated that this type of EIR is not specific enough and questioned its necessity. Commissioner Friested questioned whether or not the City is making a recommendation for developing a priority with developers for rental senior citizen housing. Planning Commission Action A motion was made to continue EIR 80-l to an adjourned meeting at 6:00 P.M. on February 6, 1980 in the Council Chambers. MOTION: Rombotis SECOND: Friestedt AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson E. GPA-54, Housing Element EIR, Proposed Housing goals and policies for Carlsbad for the next five years. The staff report was presented by Charles Grimm, who informed the Commission that a memorandum received from the City Attorney's office instructed that the guidelines are advisory and not mandatory. He informed the Commission that State law requires that every jurisdiction adopt a housing element as part of its General Plan; he also stated that the State anticipates the completion of Carlsbad's Housing Element by March 31. He stated that the Housing Element is divided into four parts, to-wit: the introduction, which states the general theme; the goals and policies section, which recommends programs to help provide more low and moderate income housing for the next five years; the implementation, which establishes priorities and designates responsibility and estimates costs; and the appendicies which identifies the housing problems in Carlsbad intended to be solved by the Housing Element. Staff recommended the Planning Commission APPROVE Resolution No. 1595 asking the City Council to adopt the draft Housing Element. Mr. Grimm then introduced the Chairman of the Citizen's Committee, Mr. Jim Anderson. Jim Anderson, Carlsbad, introduced the members of the ,,- - P.C. Minutes Page 10 Citizen's Committee: Julie Bagley, Ed Ebright, Jeanette Smale, Jim Hicks, Robert Mullins, Rosemary Stafford, Pearl Tade and Jim Anderson. Mr. Anderson stated that the Committee was interested in both the current and future needs of the citizens of Carlsbad. He stated that the Committee's desire was to protect existent property rights and not be used as a devise to circumvent these rights. He stated that the Committee felt that the full responsibility for providing housing of this type should not be borne by the private section, but should receive City assistance. Mr. Anderson stated that some of the goals of the Committee were to preserve Carlsbad as a coastal community, to provide afford- able housing to meet the needs of its citizens, to ensure the amount and type of housing suitable for the redevelop- ment program, and to ensure that the housing was free of discriminatory practices. Commissioner Schick expressed the gratitude of the Commis- sion to Mr. Anderson and his committee and commended them on the work done on this project. Public Input: Sherry Sato, 644 Tamarack No. 1, Carlsbad, California, stated that Action 7 on page 13 of the document did not mention families. She stated that any application for conversion should provide comparable housing to that in which the family was living at the moment. She stated that in other cities rentals are now $100 to $200 more per month than those in this community, and expressed concern that renters forced to leave their apartments because of conversions might not be able to afford higher rents or be able to find comparable housing within the city of Carlsbad. Ms. Sato asked to be allowed to attend whatever workshop the Commission held, requesting that the workshop be held betwen 6:00 P.M. and 8:00 P.M. Commissioner Schick stated that the Commission was not in position to recommend rent control measures. Lynn Humpheries, 668 Tamarack, No. 7, Carlsbad, informed the Commission that it was not the amount of rent that was the primary concern but rather that insufficient rental units were available to house displaced renters within Carlsbad. P.C. Minutes Page 11 Planning Commission Action A motion was made continuing GPA-54 to an adjourned meeting at 6:00 P.M. on February 6, 1980, in the Council Chambers. MOTION: SECOND: AYES: Jose Friestedt Schick, Rombotis, Jose, Leeds, Marcus, Friestedt Larson F. PCD-3(B), Capital Improvements, Coordinated program of proposed public works, finding of General Plan conformity. This item was withdrawn. G. South Coast Asphalt. Bud Plender introduced to the Commis- sion a letter from Don Hickathier of South Coast Asphalt sent to the Planning Department in December of 1979. He stated it was a response to a letter the Commission had asked staff to draft suggesting that they put the Casa Serita Housing Gropp on their notification list. Commissioner Schick requested staff to follow this up with a phone call to the homeowners association to be certain that the association is receiving notification. A discussion ensured relative to the hours of operation. It was the concensus of opinion that if complaints are received, the Commission will take another look at the CUP. APPROVAL OF MINUTES Commissioner Schick instructed staff that in the future he wants to have included in the minutes the statement that the applicant was apprised of his rights f appeal. A motion was made APPROVING the minutes of January 9, 1980. MOTION: Rombotis SECOND: Marcus AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson APPROVAL OF RESOLUTIONS A motion was made continuing Resolutions 1571, 1579, 1580, 1582, 1585, and 1586 to February 13, 1980. MOTION: Rombotis SECOND: Jose AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt Larson P.C. Minutes Page 12 r A motion was made adopted Resolutions 1587, 1588, 1589, 1590, 1591, 1592, 1593 and 1594. MOTION: Rombotis SECOND: Jose AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson There being no further business the meeting was adjourned at 9:45 P.M. Recording Secretary JAMES C. HAGAMAN ,- Secretary ,- . P.C. Minutes Page 13