HomeMy WebLinkAbout1981-02-11; Planning Commission; MinutesMinutes of: PLANNING COMMISSION
Time of Meeting: 7:00 P.M.
Date of Meeting: February 11, 1981
Place of Meeting: -- City Council Chambers --
ROLL CALL
CALL TO ORDER was made by Vice Chairman Friestedt at 7:00 P.M.
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COt4!IISSIONERS \
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Present: Vice Chairman Friestedt, Commissioners Rombotis, Leed
Larson and Jose
Absent: Chairman Marcus
Ex-Officio member Dan Hentschke, Assistant City Attorney, was
also present.
Staff members present were:
Mike Holzmiller, Principal Planner
Bill Hofman, Associate Planner
Richard Allen, Principal Civil Entineer
Commissioner L'Heureux arrived at 7:04 P.M. .
PLEDGE OF ALLEGIANCE was led by Vice-Chairman Friestedt.
PLANNING COMMISSION PROCEDURE:
Vice-Chairman Friestedt explained Planning Commission procedure
in its capacity as an advisory commission to the City Council a
identified those matters delegated to the Planning Commission f
a final decision. Chairman Friestedt further explained the
procedure observed by the Commission during public hearing item
CONTINUED PUBLIC HEARINGS:
1. ZC-222/CcP-189, JACK-IN-THE-BOX - Request for a Zone Change
from R-P to C-2 and a Conditional Use Permit to construct
and operate a drive-thru restaurant on property generally
located on the southeast corner of Elm Avenue and Harding
Street.
Mike Holzmiller introduced this item and indicated that Bill
Hofman would present the staff report.
Bill Hofman advised that this item had been continued from the
January 28th meeting when the Commission had expressed their
concerns regarding on-site circulation and access onto Elm Aven
The applicant had now submitted a new site plan incorporating
some modifications but it was felt that the traffic and on-site
circulation problems still remained unresolved.
Vice-Chairman Friestedt commented upon the apparent lack of
communication between the parties concerned and expressed the
need for some coordination in this regard.
Bill Hofman then pointed out that this was a unique project
because it had been approved by the Housing and Redevelopment
Agency. Mr. Hofman agreed that there was a need for communica-
tion between staff and the applicant.
Commissioners then discussed the handling of cases involving th
Housing and Redevelopment Department and Vice-Chairman Friested
suggested the appointment of a Commissioner to act as a direct
liaison between the Agency and the Commission on applications
involving both parties to avoid this type of problem in the
future.
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Vice-Chairman Friestedt then opened the public hearing at
7:12 P.M. and extended an invitation for the applicant to speak
The Commission recognized Mr. Lee Correia of 14250 Madge Point
Drive, Poway, California, who advised that since the last meet-
ing, they had revised the design by making the building smaller
to allow parking requirements to be met and added the median on
Elm Avenue to prevent the left turn which had caused concern.
He commented that it was felt every effort had been made to
accommodate staff and the Commission.
Vice-Chairman Friestedt then asked Mr. Correia whether he would
be agreeable to the suggestion of a Commissioner being appointe
to work with all parties so an equitable settlement can be
reached.
Mr. Correia indicated they would be agreeable to this. He then
pointed out, with the aid of the wall map exhibit, the changes
which had been made from the original plans. He commented that
they felt any on-site problems would be for their' own operation
al people to cope with and they would be willing to live with
this.
Mr. Jack Henthorn of the Housing and Redevelopment Agency advis
that they were willing to sit down with the Commission and staf
He commented that the staff report had not been received until
4:00 P.M. the day before, which is why there had been such a
last minute effort to get together with Mr. Correia. He stated
that he was sure a solution could be reached within the next
two weeks. Mr. Henthorn advised that he would be comfortable
having a member of the Commission involved in coordinating
applications as an interim procedure. He further stated that
the design manual which will ultimately govern the land uses
within the redevelopment area envisions a Design Review Board
and at that point the Planning Commission would not.,get involve
in the individual project approval process. This would elimi-
nate the problem of having two boards reviewing plans. He
further commented that he would anticipate representation from
the Planning.Commission on that Board and it would in future
necessitate only one review of plans, thereby avoiding a
situation such as the present conflict.
In-response to a question from the Commission, Mr. Henthorn
advised that the Redevelopment Plan is projected'for adoption i
May and the Design Manual would be adopted immediately after
when this process would then go into effect.
Mr. Correia then stated that they would have met with the
Housing and Redevelopment Agency sooner except for problems wit
late notice and an error in dates for a coordinating meeting.
The Commission then recognized Mr. Bert Friehof, 3030 Harding
Street, Carlsbad. Mr. Friehof spoke at length concerning his
agreement with the project and the benefits of such to the City
as well as his feelings that the traffic situation had been
somewhat exaggerated. He.also expressed his approval of the
suggestion that a Commissioner be appointed as liaison with the
Redevelopment Agency.
Mr. Claude Helton, 2760 Arland Road, Carlsbad, was the next
speaker. Mr. Helton stated that he was speaking as a member of
the Committee on Housing and Redevelopment. He stated that it
was his aim to see that these applications were handled expe-
ditiously and hoped that something could be worked out SO the
applicant did not have to come back and forth.
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The next speaker was Mr. Alan Jacobs of 3044 Harding, Carlsbad.
Mr. Jacobs advised he is the Chairman of the Traffic Safety
Commission of Carlsbad. He expressed his agreement with this
project. He also commented on the present unsatisfactory traffi
problem, but pointed out that since the applicant is already
located on this site, anything which was done to improve the
present situation could only be of benefit to the City.
Following discussion, the Commission directed that the matter be
continued to March 11, and that a Commissioner be appointed to
participate in a study session at which there will also be
representation from the City's Traffic Engineer, the Traffic
Safety Commission, the Housing and Redevelopment Department and
from the Housing and Redevelopment Advisory Committee.
2. ZC-227, CITY OF.CARLSBAD - Consideration of a Change of Zone
of existing mobile home parks in Carlsbad to the RMHP zone
(Mobile Home Park Zone) in order to implement the new Mobile
Home Park Ordinance.
Mike Holzmiller outlined happenings at the previous meeting.
Dan Hentschke advised that the Commission had closed the public
hearing at the last meeting and the code requires that a decisio
on the merits be made within 15 days. He explained this meant
the Commission must decide whether it is appropriate to zone
these particular pieces of property this zone or not. He furthe
discussed the options open and clarified the position the
Commission would be required to take in deciding this issue.
Commissioner Rombotis then commented that at the end of the
agenda he would like to discuss the method used by the Commissio
in closing public hearings.
Commissioner L'Heureux advised that he, and he assumed other
Commissioners, had received some communications from interested
citizens but these could not be considered because the public
hearing had been closed.
Following discussion by Commissioners concerning compatibility
of the mobile home parks with surrounding land use, the
Commission directed staff to prepare a Resolution denying the
zone change ZC-227 to be acted upon at the next meeting of the
Planning Commission, with the appeal period commencing from that
date; and staff was further directed to proceed with a Zone
Code Amendment to the Mobile Home Park Ordinance to add a sunset
provision.
NEW PUBLIC HEARINGS:
Commissioner Rombotis advised he would abstain from discussion
and voting on the next item due to a possible conflict of intere
3. ZC-229, ARBUCKLE, - proposed rezoning from R-1-7500 to R-P
on property generally located on the north and south sides
of Arbuckle Place.
Mike Holzmiller presented the staff report and advised the
Commission had previously recommended that a public hearing be
set for the rezoning of all remaining R-l properties on Arbuckle
Place. With the aid of -the overhead projector, he showed that
all zoning to the west of Jefferson Street and surrounding the
subject lots is already zoned R-P. This change would therefore
eliminate an isolated area of R-l and make the zoning consistent
with surrounding lots.
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OMMISSIONERS ’ \ -“.
Fltiestedt
Rombotis
Larson
L'Heureux
Jose
Leeds (
Friestedt
Rombotis
Larson
L'Heureux .
Jose
Leeds
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February 11, 1981 Page 4
In response to a question from Commissioner L'Heureux concerning
the adequacy of the street system, Richard Allen commented that
when a project came in for a building permit for a more intense
use, street dedication and improvements would be required with
the application. He advised that they could not condition a
zone change at this time to get street improvements.
The Commission adopted the following resolution:
THAT THE COMMISSION APPROVE THE NEGATIVE DECLARATION AND ADOPT
RESOLUTION NO. 1763 RECOMMENDING APPROVAL OF ZC-229.
4. ZC-219/SDP-80-14/SP-23(C), CALIFORNIA "6" MOTELS - Request
for approval of a Zone Change from M to CT-Q, approval of a
Site Development Plan for a motel complex, and an amendment
to a Specific Plan to delete the property from the provision
of the Specific Plan, located on the west side of Paseo de1
Norte, south of Palomar Airport Road.
An introductory statement was made by,Mike Holzmiller giving a
brief outline of the zone change request.
Bill Hofman gave the staff report and discussed how the zone
change is compatible with the surrounding land use. It was alsc
felt the motel met all requirements and the project would not
significantly impact traffic on this street. He .further advised
that a study on the potential odor problem from the Encina
Sewage Treatment Plant showed that this would not cause any
adverse health impact on users of the motel. 'However, staff
had added a condition of approval establishing an odor easement
over the property.
Discussion then covered possible traffic problems in the area
and the erection of some type of barrier between the motel park-
ing lot and the freeway.
Vice Chairman Friestedt then opened the public hearing at
8:29 P.M.
The Commission recognized Mr. Ron Whitney, 1156 S. 7th Avenue,
Hacienda Heights, California, 91745, representing California "6"
Motels. Mr. Whitney advised that he had no problem with any of
the conditions. He commented that if Commissioners wished to
alter condition No. 7 to include some type of masonary wall
facing I-5, he was quite agreeable.
There being no one else wishing to speak, the public testimony
closed at 8:33 P.M.
Based upon findings and subject to the conditions contained
therein, the Commission approved the negative declaration and
approved Resolutions Nos ..1766, 1767 and 1768, approving ZC-219,
SDP 80-14, and SP-23(C), with a revision to condition No. 7
stipulating that, in addition to dense landscaping, a 4-foot
high masonary wall be constructed the length of the project
along Interstate 5.
RECESS:
The Commission recessed at 8:35 P.M. and reconvened at 8:45 P.M.
with six Commissioners present.
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:OHMISSIONERS
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Friestedt
Rombotis
Larson
L'Heureux
Jose
Leeds l
Friestedt
Rombotis
Larson
L'Heureux
Jose
Leeds
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February 11,1981 Page 5
5. CUP-162(A), HAWTHORNE - Request for an amendment to a
Conditional Use Permit (CUP-162) to allow an increase in
retail area with a corresponding decrease in storage area an
to allow an outside eating area on an existing patio for the
Tip Top Meat Market and Deli located on the east side of
Paseo de1 Norte, south of Palomar Airport Road in the M Zone
This item was introduced by Mike Holzmiller who briefly explaine
the reasons for the requested amendment to the Conditional Use
Permit.
The staff report was presented by Bill Hofman who, with the aid
of the overhead projector, showed the anticipated extension of
650 sq. ft. in the retail operation and the outside eating area.
He advised that the development standards and parking requiremen
of the underlying zone would be met.
Discussion then took place concerning the wording of Condition
No. 3 and the sale of items other than meat related products.
The Vice-Chairman opened the public hearing at 8:51 P.M.
The Commission reoognized Mr. J. T. Hawthorne, 2681 Ocean Avenue
Carlsbad, who advised he would be pleased to answer any question
He also stated that he would be pleased to see the wording of
Condition 3 altered to relieve the concerns felt by Commissioner
The taking of'public testimony then closed at 8:54 P.M.
After further discussion regarding items being sold at this
location, Commissioners approved the public notice of prior
environmental compliance and adopted Resolution No. 1764,
approving CUP-162(A), subject to staff rewriting Condition No. 3
6. V-319, LENACK - Request for a Variance of the Zoning Ordinan
to reduce the sideyard setback from 7.7 to 4.2' on property
located on the end of Jerez Court in the RD-M Zone.
Mike Holzmiller introduced this item.
Bill Hofman presented the staff report covering the proposed
balcony which the applicant wishes to erect and advised regardin
staff's inability to make the necessary findings for approval of
a variance.
The Vice Chairman opened the public hearing at 9:00 P.M.
The Commission recognized Mr. Maurice Lenack of 7505 Jerez Court
Carlsbad, who spoke at some length addressing each issue and
and making a case for approval of a variance. Mr. Lenack advise
that the main purpose for constructing this balcony was fire
safety since this would offer an alternative exit from his
condominium in the event of a fire. He also advised that this
addition'would conform architecturally with adjacent surrounding
The taking of public testimony closed at 9:16 P.M.
The Commission felt all the mandatory findings could not be made
in this case, however, indicated they had no real problems with
the balcony. They stated their desire to have staff look into
amending the zoning ordinance to allow for flexibility of set-
backs for properties which face into permanent open areas such
as golf courses.
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Larson
L'Heureux
Jose
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After further discussion, the Commission adopted the following
Resolution:
RESOLUTION NO; 1769, DENYING V-319, BASED ON FINDINGS IN THE
STAFF REPORT.
In response to a question from Mr. Lenack, his right to appeal t
the City Council was explained.
The Commission then directed staff to review the zoning code
dealing with setbacks for the purpose of establishing some type
of an administrative mechanism so there could be minor encroach-
ment for patio covers, decks, etc., where special circumstances
such as topography, permanent open space, etc., exist.
7. CUP-192, ECEE - Request for a Conditional Use Permit to con-
struct an 80-foot high windmill as part of the previously
approved Anderson's Pea Soup Restaurant and motel complex on
the northeast corner of Palomar Airport Road and Paseo de1
Norte in the CT-Q Zone.
Mike Holzmiller gave the background on this application and
advised that the windmill will generate up to 20% of the energy
for the facility. Since the windmill will also be architectural
integrated with the other buildings on the site and will be com-
patible with surrounding properties, it is felt that the
required findings for approval of a conditional use permit can b
made.
Commissioners then discussed their interest in data en'the
effectiveness of the windmill in producing power since this was
the first structure of this type to be approved in Carlsbad.
Vice-Chairman Friestedt opened the public hearing at 9:40 P.M.
The Commission recognized Mr. John White, Coldwell Banker
Company, 3088 Pio Pica, Carlsbad, representing Mr. Paul Ecke and
Pea Soup Anderson. Mr. White advised that the Commission has
already been given a detailed analysis of the anticipated power
of this system by Mr. Ed Salter of Wind Power Systems. He also
commented that the amount of electricity generated will be
metered since it is tied into San Diego Gas & Electric, who will
be paying for any excess during non-use hours.
The taking of public testimony closed at 9:42 P.M.
Based upon findings, and subject to the conditions contained
therein, the Commission approved the Negative Declaration and
adopted Resolution No. 1765 approving CUP-192, and that data
on the electricity generated by this windmill should be availabl
for scrutiny by the City..
8. MS-509, SCHLEHUBER - Request for a Minor Subdivision creatin
two lots, one of which would be a panhandle lot, on property
generally located on the west side of Sunnyhill Drive in the
R-1-15,000 Zone.
Mike Holzmiller introduced this item.
Bill Hofman presented the staff report and pointed out the '
findings required for approval, all of which had been met.
:ONMISSIONERS ’
Friestedt
Rombotis
Larson
L'Heureux
Jose
Leeds
Friestedt
Rombotis '
Larson
L'Heureux
Jose
Leeds
Friestedt
Rombotis
Larson
L'Heureux
Jose
Leeds
--- -- r'ebruary 11, lYtl1 rage I
Based upon findings and subject to the conditions contained
therein, the Commission adopteded the following Resolution:
RESOLUTION NO. 1762, APPROVING THE CREATION OF ONE PANHANDLE LO'
AS PART OF A MINOR SUBDIVISION LOCATED ON THE WEST SIDE OF
SUNNYHILL DRIVE IN THE R-1-15,000 ZONE.
RESOLUTION FOR ADOPTION:
9. ZCA-129, CITY OF CARLSBAD - Revising the parking requiremen-
relating to the R-W Zone.
Mike Holzmiller advised that this item was being brought back al
the direction of the Commission based upon their decision at the
last meeting concerning changes to the R-W Zone.
The Commission then adopted Resolution No. 1723 with a correctic
to item (C) of the Ordinance stating that the credit may be
given for on-street visitor parking.
Commissioners then discussed the appointment of a representative
to act as liaison with the Housing and Redevelopment Agency. Ii
was decided that Commissioner Rombotis would act in this
capacity.
Regarding the procedure for closing public hearings, the
Assistant City Attorney advised that if the Commission intends
to continue, they need to determine that all the people who
came on that item are in fact still present and then reopen the
public hearing and continue to another time. If it appears
from discussion and evidence presented that it is going to be al
item not resolved, then the Chair has the option of'not closing
the public hearing and indicating that this item looks like it
will go to continuance so would someone make that motion. He
further advised that if it looks like they are to coninue, it
can be advised thas they will cease to take public testimony
while the Commission discusses the item for the purpose of a
possible continuance. If the public hearing is closed, a
motion can be made to reopen it and continue to a certain date.
Mr. Hentschke then informed the Commission that he would be hap]
to undertake the task of writing a procedure to cover such
items to avoid any problems in the future.
ADJOURNMENT.
By proper motion, the Commission adjourned at 9:59 P.M.
Respectfully submitted,
JAMES C. HAGAMAN
Secretary to the Planning'Commission
C :OllMISSIONERS \
Friestedt
Rombotis
Larson
L'Heureux
Jose
Leeds
Friestedt
Rombotis
Larson
L'Heureux
Jose
Leeds