Loading...
HomeMy WebLinkAbout1981-04-08; Planning Commission; MinutesM-INUTE S MEETING OF: PLANNING COMMISSION DATE OF MEETING: April 8, 1981 TIME OF MEETING: 7:oo P.M., PLACE OF MEETING: Council Chambers CALL TO ORDER The meeting was called to order at 7:Ol P,M. by Chairman Marcus. ROLL CALL Present - Chairman Marcus, Commissioners Larson, LvHeureux, Friestedt, Jose, Leeds, and Rombotis, Ex-Officio members Dan Yentschke, Assistant City Attorney; and James Hagaman, Planning Director; were also present. Staff members present were: Mike Holzmiller, Principal Planner Bill Hofman, Associate Planner Richard Allen, Principal Civil Engineer PLEDGE OF ALLEGIANCE was led by Chairman Marcus. AGENDA ITEM COMMUNICATIONS Mike Holzmiller indicated the Planning Department had receive a communication from the applicant on CT 77-5(B), Pelican Properties, Item No. 4 on the agenda; requesting a withdrawal Staff is recommending that the Commission appro,ve the with- drawal, and suggested that the public hearing be opened since the item was noticed. Chairman Marcus indicated she had received a communication in reference to Item No. 1 on the agenda: CT 81-3/CP-149, Mola Development Corporation, and would submit same for the record PLANNING COMMISSICN PROCEDURE Chairman Marcus explained Planning Commission procedures in its capacity as an advisory commission to the City Council and identified those matters delegated to the Planning Commission for a final decision. Chairman Marcus further explained the procedure observed by the Commission during public hearing items. ' CONTINUED PUBLIC HEARINGS 1. CT 81-3/CP-149, MOLA DEVELOPMENT CORP. Request for an 80 unit tentative tract map and condominium permit to convert an existing apartment project to condominiums on the east side of El Camino Real, south of Swallow Lane in the RD-M(Q) zone. Mike Holzmiller indicated this item was continued from the meeting of March 25, 1981, and the applicant has been working with Staff to address the concerns expressed in the staff report dated March 25, 1981, and is therefore requesting an additional two week continuance. Staff added they have no objection. Chairman Marcus inquired if anyone in the audience was present to address this issue, and received a negati,ve response. The Commission continued this item to the Planning Commission meeting of April 22, 1981. :OMMISSIONERS Marcus Larson L'Heureux ,Friestedt Jose Leeds~ RombOtiS - PLANNING COMMISSION April 8, 1981 * Page 2 NEW PUBLIC HEARINGS 2. 'X-230, BANDEMER AND SCHLEHUBER. Request for a zone change from R-3 (Multiple Family Residential) to R-P(Q) (Residential Professional) with a Q overlay on eight parcels located on the east side of Jefferson Street between Laguna Drive and Home Street. The staff report was presented by Mike Holzmiller, with the aid of the overhead projector to show existing boundaries, essentially as contained in the Statement of the Matter. Chairman Marcus opened the public hearing at 7:09 P.M., and extended the invitation to speak. The Commission recognized Clarence Schlehuber, 4085 Sunnyhill, Carlsbad. With the aid of transparencies, Mr. Schlehuber pointed out existing zoning in the area, and explained that all of the owners are applying for the R-P zone. He added that even with the R-P(Q), they will meet the standards. In conclusion, Mr. Schlehuber indicated that it offers a good chance to upgrade.the area, and would tone down the traffic situation. The Commission recognized Prank Walls, 4050 Sunnyhill, Carls- bad; who indicated he was one of the part owners of a single family home.at 2774 Jefferson Street, Carlsbad. Mr. Walls explained that in 1978, when they purchased the'property, an informal inquiry was made of the Planning Department, and they indicated there would be no.problem if some time in the future, the owners decided to put an office building on the property. He continued.that the property has been on the market twice in the past three years. There.have been offers on the property, and each time there has been an inquiry to the Planning Department, the last one approximately one year ago, and at that time the Planning Department indicated they could put an office building on the property. Mr. Walls continued that he believes if the request is denied, they are preventing the current property owners from consolidating, or acquiring properties for the purpose of constructing a building more in conformance than what the City would require. In conclusion, he urged approval of the request. The Commission recognized Bob Nelson, 6755 Montia Court, Carlsbad. Mr. Nelson explained he is the owner of two lots, 2782-90 Jefferson Street, Carlsbad; and have owned the. property for 18 years. Mr. Nelson added they need new development to update their property, and the zone-change would beautify the City and enhance Jefferson Street. He concluded requesting approval of the zone change. The Commission recognized Cecil Lingenfelter, 1360 Groveside Place, Pomona; owner of the lot on the corner at 825 Laguna. Mr. Lingenfelter feels the property is large enough for office use, and spoke in favor of the zone change. The Commission recognized Otto Vandemer, 3435 Sea Crest, Carlsbad, attorney. He distributed copies of diagrams to the Commission, showing the original application, where Dr. Tuomi applied for re-zoning on the property on the east side of Jefferson Street, south of Home. He continued he is co-owner of property containing 26 units, and used transparencies to show other properties affected. \ i OMMISSIONE,RS c PLANNING CQMMISSION April 8, 1981 . Page 3 Mr. Vandemer indicated that it was not feasible for the existing property owners to market their property at a realistic value , with the current residential R-3 zoning. He continued the use they are asking for is justifiable and reasonable, in accordance with the principles laid down in Ordinance by the City Council. Further, the Q overlay gives the Staff and City complete control over what otherwise might be, in the absence of, conditions that would be imposed by a conditional use permit. In conclusion, he stated it was in the interest of th.e City to allow small business people to have a-location of their own. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 7:43 P.M. Commission discussion reflected land use in the area, the traffic situation, and consistency with the General Plan. The Commission directed Staff to bring back an appropriate Reso1iric;io.n .a$provi.ng!ZC-23Q. 1 _ 'I .: . . . _ '. _ The Commission directed Staff to bring back a Resolution of Intention, to include the parcel of R-3 property not included in the application, to set the matter to public hearing. 3. V-321/M&515, CRISMAN. Request for a minor 'subdivision creating a panhandle lot and a variance of the zoning' ordinance to allow a reduction in the minimum lot width from.60 feet to 41 feet on property located on the west side of Valley Street in the R-1-7500 zone. The staff report was presented by Bill Hofman, essentially as contained in the Statement of the Matter. With the aid of transparencies, Mr. Hofman explained that Staff could make the two mandatory findings for approval of a panhandle; ' however, as proposed, parcel 1 does not meet the requirements of the subdivision ordinance. The applicant's intention in. requesting the variance is to reduce the minimum width requiremehts of the subdivision ordinance. Although a variance is an appropriate mechanism to provide flexibility to requirements of the zoning ordinance, there is no such variance procedure in the subdivision ordinance. Therefore, he indicated that the Planning Commission had no recourse but to deny without prejudice the variance request, and in conjunction, deny the minor subdivision. He concluded that th applicant was not made aware of the procedural problem at the time his application was'submitted; therefore, Staff would have no objection if the applicant wished to withdraw. Mr. Hofman further indicated that, since the situation has come up before, Staff would like some direction from the Planning Commission as to whether the subdivision ordinance should be amended to provide a mechanism to create flexibility similar to the variance procedure in the zoning ordinance. 3MMISSIONERS ’ Marcus Larson L'Heureux Friestedt Jose Leeds Rombotis Marcus Larson L'Heureux Friestedt Jose Leeds Rombotis c _- l . . PLANNING COMMISSION . April 8, 1981 Page 4 Chairman Marcus opened the public hearing at 8:00 P.M., and extended the invitation to speak. The Commission recognized Jeff Crisman, 3485 Valley Street, Carlsbad; who thanked Staff for their assistance in the matter, and indicated he concurred with their recommendation. He also requested the Commission direct Staff to establish some kind of a procedure.to handle situations of this type in the future, and expressed the willingness to respond to any questions. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 8:U2 P.M. Following brief discussion, the Commission denied without prejudice V-321 and MS-515, and adopted the following Resolutions: RESOLUTION NO. 1774, DENYING THE CREATION OF ONE PANHANDLE LOT AS PART OF A MINOR SUBDIVISION LOCATED ON THE WEST SIDE OF VALLEY STREET IN THE R-1-7500 ZONE. RESOLUTION NO. 1775, DENYING A VARIANCE TO REDUCE THE MINIMUM LOT WIDTH FROM 60 FEET TO 41 FEET ON A PARCEL GENERALLY LOCATED ON THE WEST SIDE OF VALLEY STREET. The Commission further directed Staff to research the problem and consider an amendment to the Subdivision Ordinance if the investigation indicates that there are a significant number of lots' faced with the same.or similar problem.. 4. CT 77-5(B), PELICAN PROPERTIES. Request for an 8 lot tentative tract map located on the southeast corner of Walnut Avenue and Lincoln Street in the R-3 zone. . . As indicated earlier in the meeting, the applicant has . requested a withdrawal on the item; however, Mike Holzmiller indicated the Commission would have to open the public hearing. Staff has no objection to the withdrawal. Chairman Marcus opened the public hearing at 8:06 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. The Commission accepted the withdrawal on CT 77-5(B). RECESS Chairman Marcus called a recess at 8:08 P.M., and the Commission reconvened at 8:17 P.M., with all members present. 5. CT 81-2&P-147, NEVIN, Request for approval of a tentative subdivision map and condominium permit to convert 40 apartment units to condominiums on the north side of Tamarack Avenue, between Jefferson Street and Hibiscus Circle in the RD-M zone. Commissioners L'Heureux and Rombotis indicated they would abstain from the matter, as they were not satisifed with the disclosure that was submitted to the Commission, and have no knowledge of who comprises the limited partnership. Following discussion-with the Assistant City, Attorney, : and clarification by Douglas Jensen, Attorney for the appli- cant, that it is owned by Tamarack II, a Limited Parntership, Commissioners L'Heureux and Rombotis withdrew their abstentior -* DMSIISSIONERS ' \ Marcus Larson L'Heureux Friestedt Jose Leeds Rombotis, Marcus Larson L'Heureux Friestedt Jose Leeds Rombotis - PLANNING COMMISSION April 8, 1981 c Page 5 Bill Hofman indicated that new findings had been passed out to the Commission this evening for the project, which are similar to the findings contained in the staff report, but contain more detailed supporting information to support Staffs recommendation. He continued the staff report, essentially as contained in the Statement of the Matter. Chairman Marcus opened the public hearing at 8:20 P.M., and extended the invitation to speak. The Commission recognized'Douglas Jensen, 530 "B" Street, Suite 1900, San Diego; Attorney representing the Tamarack II Limited Partnership. Mr. Jensen addressed the two concerns of Staff; storage and recreational areas. He then gave some background on the.project. With the aid of a wall exhibit, he showed the units for proposed storage. Mr. Jensen continued the applicant is prepared to come back and revise the common storage areas into individual units, located next to each carport, in addition to the individual units located next to each unit. This would eliminate any free standing storage space, and the total cubic feet of each individual storage unit will then meet the ordinance requirement of 480 cubic feet. Along with the expansion of the recreational area, Mr. Jensen indicated he feels they will meet all the requirements of the ordinance. He then expressed willingness to respond to any questions. Staff reiterated to the Commission that the storage and recreational areas were not.the only concerns that Staff had with this proposal. The reason Staff revised the findings and brought same back to the Commission, was to make the Commission aware that Staff's main concern related to the entire project as a whole. Staff does not feel it is well designed, or a good condominium project. If the storage and recreational areas were met, the design of the project still does not conform with the Condominium Ordinance, since the project does not provide the amentities required by the Ordinance, in order to convert the units from apartments to condominiums, and offer them for home ownership. Commissioner Friestedt'inquired what in the design does not conform to the Ordinance, and requested Staff be more specific Bill Hofman responded that the findings, particularly Finding No. 3, outline the concerns of the Staff. He continued that the project was built as an apartment project, and in order to convert it to condominiums, there had.to be additions such as storage increase and recreation, however, the way the apartments were designed, they can not facilitate h well integrated system. The Commission then recognized Cheri Sato, 1027 Malls, Carlsbad. Ms. Sato indicated she was a previous tenant in this apartment complex, and due to the problems, with storage, she requested the Commission deny the request; and spoke in opposition to the project. Mr. Jensen indicated that these units are 3 bedroom, very spacious living quarters: and they are planning to install individual water meters for each unit. Since no one else wished to speak on the matter, Chairman Marcus closed the public testimony at 8:42 P.M. :OMMISSIONERS 1 - PLANNING COMMISSION . . April 8, 1981 Page 6 Commissioner Friestedt pointed out that at the time the project was built, the only guidelines for condominiums was the Apartment Ordinance, as there was no Condominium Ordinance at that time Bill Hofman indicated that there was no moratorium on condominiums at that time; therefore, the applicant did have the opportunity to build condominiums and subdivide at that time, and chose not to. * Following brief discussion, the Commission continued this item to the meeting of May 27, 1981, to allow the applicant time to redesign the project in attempt to meet the Ordinance. 6. ZCA-133, CITY OF CARLSBAD. Amendment to the zoning ordinance to modify Section 21.44.160(6) of the parking requirements regarding the sideyard setback for uncovere parking area. With the aid of the overhead projector showing the proposed change, the staff report was presented by Mike Holzmiller, essentiacfly as contained in the Statement of the Matter. Chairman Marcus opened the public hearing at 8:57 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. The Commission approved.the Negative Declaration issued by the Planning Director, and adopted the following Resolution, recommending approval of ZCA-133, based upon the findings contained therein: . . RESOLUTION NO. 1794, RECOMMENDING APPROVAL OF A ZONE CHANGE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.44, SECTION 21.44.160(6) BY REDUCING THE SIDEYARD SETBACK REQUIREMENT OF UNCOVERED PARKING AREAS. DIRECTOR'S REPORT Jim Hagaman reported on the Izbicki project.which was before the City Council on April 7, 1981.. He referenced the letter to the Council from the Planning Commission, indicating concerns of how to deal with areas that did not fit the needs of findings required for a variance. The Council did approve the Izbicki project, and the variance with two parking spaces in the front yard, but did not allow any parking on the street Mr. Hagaman continued that Council indicated they were very pleased with the Planning Commission, in their concern with special circumstances such as this. ADJOURNMENT By proper motion, the meeting was adjourned at 9:08 P.M. Respectfully Submitted, JAMES C. I-LAGAMAN Secretary to the Planning Commission Ann R. Alleman, Minutes Clerk 3MM :SSIONERS ' Marcus Larson L'Heureux Friestedt Jose Leeds Rombotis Marcus Larson L'Heureux Friestedt Jose Leeds Rombotis