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HomeMy WebLinkAbout1981-11-18; Planning Commission; Minutes. ’ ” , - MEETING OF: MINUTES PLANNING COMMISSION CALL TO ORDER The meeting was called to order by Chairman Marcus at 7:00 P.M. ROLL CALL Present - Chairman Marcus, Commissioners L'Heureux, Schlehuber, Farrow, and Rombotis. Commissioner Friestedt arrived at 7:02 P.M. Absent - Commissioner Jose. Ex-Officio Member Dan Hentschke, Assistant City Attorney, was also present. Staff Members present were: Tom Hageman, Principal Planner Michael Howes, Assistant Planner Bill Hofman, Associate Planner Richard Allen, Principal Civil Engineer PLEDGE OF ALLEGIANCE was led by Chairman Marcus. PLANNING COMMISSION PROCEDURES 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. ITEMS OUT OF ORDER Chairman Marcus announced that requests had been received to continue Items No. 6 and 3. 6. EIR 81-2, FONTANA MUDGE. This item was continued to the meeting of December 9, 1981. The Assistant City Attorney indicated that the matter would be re-noticed for public hearing. 3. V-329, HIRSCHBERG. Request for approval of a variance to reduce the side yard setback from 5 feet to 1 foot off a public alley on property located on the north side of Juniper Avenue between Carlsbad Boulevard and Garfield Street. Chairman Marcus inquired if anyone in the audience was present to address the matter, and received no response. The Commission continued the item to the meeting of December 23, 1981. DATE OF MEETING: November 18, 1981 TIME OF MEETING: 7:00 P.M. PLACE OF MEETING: Council Chambers Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt MINUTES November 18, 1981 Page 2 5. ZC-218/CT 80-35/PUD-26, HAWORTH. Request for approval of: 1) Zone Change from A(l)-8 (County) to R-l and a 105 unit tentative tract map and planned unit development located east of Sierra Morena between Chestnut Avenue and Tamarack Avenue. Chairman Marcus explained that Staff is recommending the matter be denied without prejudice, and inquired if anyone in the audience was present to address same. In response to public query, the Assistant City Attorney explained procedures observed with regard to noticing items for public hearing. Bill Hofman gave a brief staff report on the matter. The Commission adopted the following Resolutions, recommending denial without prejudice of ZC-218/CT 80-35/ PUD-26: RESOLUTION NO. 1892, RECOMMENDING DENIAL WITHOUT PREJUDICE OF A 111 LOT TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED EAST OF SIERRA MORENA AVENUE BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE. APPLICANT: HAWORTH COMMISSIONERS ys Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt RESOLUTION NO. 1893, RECOMMENDING DENIAL WITHOUT PREJUDICE OF A ZONE CHANGE FROM A (1) TO R-l ON PROPERTY GENERALLY LOCATED EAST OF SIERRA MORENA AVENUE BETWEEN TAMARACK AVENUE AND CHESTNUT AVENUE. APPLICANT: HAWORTH RESOLUTION NO. 1894, RECOMMENDING DENIAL WITHOUT PREJUDICE OF A PLANNED UNIT DEVELOPMENT FOR A 105 UNIT RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED EAST OF SIERRA MORENA AVENUE BETWEEN CHESTNUT AVENUE AND TAMARACK AVENUE. APPLICANT: HAWORTH NEW PUBLIC HEARINGS: 1. CUP-208, CARLSBAD'UNION CHURCH. Request for a Conditional Use Permit to allow expansion of an existing church, church offices, and classrooms, on the northwest corner of Pine Avenue and Harding Street With the aid of a transparency showing the location of the project, Bill Hofman gave a staff report, essentially as contained in the written staff report. Chairman Marcus opened the public hearing at 7:17 P.M., and extended the invitation to speak. The Commission recognized Mr. Claude Helton, General Contractor, 2829 State Street, Carlsbad. Mr. Helton spoke in favor of the project, and requested approval of same. The Commission recognized Mr. John Pierce, 3949 Park Drive, Carlsbad, Civil Engineer. Mr. Pierce requested approval of the project, and expressed willingness to respond to any questions. X MINUTES November 18, 1981 Page 3 COMMISSIONERS ’ The Commission recognised Mr. Lawrence McKinney, 855 Oak Avenue, Carlsbad. Mr. McKinney expressed concern with regard to the parking situation, and stated his opinion that the church should be required to provide additional parking. In conclusion, Mr. McKinney stated he was not in opposition to the project, and requested consideration be given with regard to parking. Since no one else wished to speak on the matter, Chairman Marcus closed the public hearing at 7:23 P.M. In response to query regarding the feasibility of providing additional parking, Bill Hofman explained that there was none available on site. Mr. Hofman added that the applicant is utilizing recreation area to provide additional parking on weekends and high use times. With regard to parking, Mr. Hofman also indicated that the project meets the Ordinance. Commissioner Friestedt indicated that any illegal parking is an enforcement problem, and suggested that consideratior be given by the Church to posting parking signs in designated areas. The Commission approved the Negative Declaration issued by the Planning Director and adopted the following Resolution, approving CUP-208, based on the findings and subject to the conditions contained therein: RESOLUTION NO. 1890, APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF EXISTING CHURCH FACILITIES ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF PINE AVENUE AND HARDING STREET. APPLICANT: CARLSBAD UNION CHURCH 2. V-328, MORSE. Request for approval of a variance to reduce the required rear yard setback from 10' to 5' on property generally located on the west side of Garfield Street between Cherry Avenue and Juniper Avenue (addressed as 363 Garfield) in the R-3 Zone. With the aid of a transparency showing the location of the project, the staff report was presented by Michael Howes, essentially as contained in the written staff report. Chairman Marcus opened the public hearing at 7:29 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. Commissioner Farrow inquired if the owner lived on the property, and stated his opinion that if the house is a rental it can be rented as an 800 square foot building. He added that he is in opposition to the request. Bill Hofman explained that the project does not affect the surrounding properties. It was also pointed out that the owner is also the builder. Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt MINUTES November 18, 1981 Page 4 COMMISSION The Commission adopted the following Resolution, approving V-328, based on the findings and subject to the conditions contained therein: RESOLUTION NO. 1888, APPROVING A VARIANCE TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 10' TO 5' ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF GARFIELD STREET BETWEEN JUNIPER AVENUE AND CHERRY AVENUE. APPLICANT: MORSE 4. CUP-140(A), COUNTY OF SAN DIEGO. Request for an amendment to an existing conditional use permit to construct a recycling center adjacent to the Palomar Transfer Station located near the northeast corner of Palomar Airport Road and El Camino Real in the M-Q Zone. Bill Hofman gave a staff report on the matter, with the aid of a transparency showing the location of the project. Commissioner Friestedt inquired if this project is in the line of sight of the UCSD solar wind radio antenna, and recalled some previous public testimony regarding same. He also inquired as to whether UCSD had been noticed for the hearing. Mr. Hofman explained that previous testimony given was with regard to the Carlsbad Oaks General Plan Amendment, as it was determined that a few of the sites on that property would impact the radio antenna. He added that those sites were considerably further east of this property, and stated that the subject property is not within 300 feet of the UCSD solar wind radio antenna; therefore, UCSD would not have been noticed. Commissioner Schlehuber recalled a request by the Commission to take a tour of the UCSD antenna; which was agreeable to Mr. Barney Rickett, Professor of Electrical Engineering and Computer Science at UCSD, who spoke at a previous public hearing on the Carlsbad Oaks General Plan Amendment. Chairman Marcus opened the public hearing at 7:37 P.M., and extended the invitation to speak. Since no one wished to speak on the matter, the public hearing was closed. Commissioner Farrow expressed concern with Condition No. 14 of the Resolution, with regard to the full width median island, and stated his opinion that the condition does not address the issue of curbs. Commissioner Rombotis referred to Condition No. 5, and suggested that same be revised to read, "This approval shall become null and void unless a building permit is issued or construction is commenced one year after the CUP." Staff concurred. Commissioner L'Heureux suggested that Condition No. 14 be revised to provide that the construction of the island be at the discretion of the City Engineer, but that any needed improvements on El Camino Real be accomplished as a condition, and that the previous requirement be modified to be at the discretion of the City Council. Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt MINUTES - November 18, 1981 Page 5 Ms. Sharon Reed, representing the County of San Diego, 5555 Overland Avenue, San Diego, addressed the Commission. Ms. Reed explained that there is some controversy regarding the timing of the condition, as the County of San Diego did not proceed as it was to be at the request of the City of Carlsbad. Ms. Reed continued that when the issue of the proposed public works center in the vicinity of the Palomar Transfer Station is completed, the issue of the road will also be satisfied. In response to Commission query, Ms. Reed indicated she understood the proposed amendment to Condition No. 14. She added that it will still be the position of the County that the actual construction of any improvements to the road will await the major issue of land use regarding the lease or sale of land to the City of Carlsbad. Chairman Marcus expressed concern with regard to the landscaping, and stated her opinion that it is important that the project be intensively landscaped. The Commission approved the Negative Declaration issued by the Planning Director and adopted the following Resolution, approving CUP-140(A), based on the findings and subject to the conditions contained therein; with the following revisions: 1) Condition No. 5 be revised to read, "This approval shall become null and void unless the use is commenced not later than the start of construction and diligently pursued thereafter." 2) That the landscaping condition be modified to indicate that dense landscaping shall be planted for the fenced area. 3) Condition No. 14 be revised to allow the City Engineer discretion with regard to when the improvements are put in. RESOLUTION NO. 1851, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO OPERATE A RECYCLING CENTER ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF THE PALOMAR TRANSFER STATION IN THE M-Q ZONE. APPLICANT: COUNTY OF SAN DIEGO DISCUSSION ITEMS 7. PCD-34, ASARO. Request for a Planning Commission Determination to allow the relocation of a residence from the community of Cardiff to the north side of Oak Avenue between Pio Pica Drive and Highland Drive in the R-1-7500 Zone. With the aid of a transparency showing the location of the project, Michael Howes gave the staff report, essentially as contained in the written staff report. Bill Hofman distributed pictures of the proposed building relocation to the Commission. Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt -. MINUTES November 18, 1981 Page 6 - , \I COMMISSIONERS Mr. Roy Asaro, 2601 Jefferson Street, Carlsbad, addressed the Commission. Mr. Asaro gave some background on the house that is to be relocated, and expressed willingness to respond to any questions. The Commission adopted the following Resolution, approving PCD-34, based on the findings and subject to the conditions contained in the staff report: RESOLUTION NO. 1887, APPROVING A PLANNING COMMISSION DETERMINATION TO RELOCATE A BUILDING FROM ITS PRESENT LOCATION IN THE COMMUNITY OF CARDIFF TO PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF OAR AVENUE BETWEEN PI0 PICO DRIVE AND HIGHLAND DRIVE. APPLICANT: ASARO 8. PLANNING COMMISSION PROCEDURES. Dan Hentschke, the Assistant City Attorney, indicated that there is a correction to page 2 of the Table of Contents; in which he removed Section 43, dealing with required votes. Mr. Hentschke explained that the section was removed to accomodate Commissioner Schlehuber's concerns, and the matter will go to the City Council in the near future. Chairman Marcus expressed concern with regard to the time limits for persons testifying at public hearings. She stated her opinion that twenty minutes is too long, and suggested that same be revised to five minutes. Commission discussion reflected time limits for public testimony for applicants and group representatives. Commissioner L'Heureux stated his opinion that there should be some flexibility residing with the Chair and/or the Commission to change the time limits allowed for public speakers. Commissioner Schlehuber suggested that ten minutes might be considered as a compromise. Commission concensus indicated that five minutes was a sufficient period of time for public testimony, for both applicants and individual speakers. Commissioner L'Heureux referred to Section 21, dealing with questions to the Staff, and inquired if that section was intended to only allow the Commission to ask questions of the Planning Director or the City Attorney. The Assistant City Attorney indicated that Staff had requested that section to be included in the procedures. Bill Hofman stated his opinion that Section 21 is somewhat cumbersome, and indicated he did not feel same was the intent of Staff's request. Mr. Hofman suggested that Michael Holzmiller, Principal Planner; the Planning Director, the City Engineer, and himself get together on the matter to discuss same. The Commission continued the matter to allow additional time for review. Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt ,- I November 18, 1981 MINUTES Page 7 APPROVAL OF MINUTES Minutes of the Regular Meeting, held October 14, 1981, were approved as submitted. Minutes of the Regular Meeting, held October 28, 1981, were approved as submitted. ADJOURNMENT By proper motion the meeting was adjourned at 8:16 P.M. Respectfully Submitted, JAMES C. HAGAMAN Secretary to the Planning Commission Ann R. Alleman, Minutes Clerk Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt Marcus L'Heureux Schlehuber Farrow Rombotis Friestedt % $ X X X X X X X X X X X