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HomeMy WebLinkAbout1982-12-22; Planning Commission; MinutesMeeting of: Date of Meeting: Time of Meeting: Place of Meeting: ' MINUTES PLANNING OOMMISSION December 22, 1982 7:00 p.m. City Council Chambers COMMISSIONERS CALL TO ORDER: The meeting was called to order by Chairman Farrow at 7:01 p.m ROLL CALL: Present : Chairman Farrow, Vice-Chairman Schlehuber, Comnissioners Rombotis, Friestedt, Jose and Rawlins . Absent: Connissioner Marcus. Staff Members Present: Bill Hofman, Principal Planner Charles Gri1I111, Principal Planner Richard Allen, Principal Civil Engineer Ex-Officio Members Present: Michael Holzmiller, Land Use Planning Manager Daniel Hentschke, Assistant City Attorn~y PLEDGE OF ALLEGIANCE was Led by Chairman Farrow. PLANNING OOltiISS TON PROCEDURES : Chairman Farrow read "Planning Conmiss ion Procedure" as printe~ on the reverse side of the Planning Commission Agenda dated December 22, 1982. GPA -66A SOUTHERS Chairman Farrow stated the Planning Conm ission had rece ived a l etter from Mr. Ni cholas Banche, stating he would appear before the Cormnission tonight to ask the Commission to -econsider its action on the above matter. Chairman Farrow requested this item to be first on t he agenda tonight. Mr. Nick Banche, 702 Fourth Street, representing the Southers property, spoke to the Coamission. He had appeared at the December 8, 1982, meeting of the Planning Coamission, but was not aw•re of the circumstances at that time. He respectfully requested that the Coamission reconsider its action of the last meeting and continue the matter until after the Circulati~n Committee matter is reported to the City. The co-ission approved the request to reconsider this matter and to table the application until suc h time as staff reports on the Circulation Element and other related matters are completed. Mr. Karty Orenyak made a special presentation to Coamissioner Jerry Rombotil. Mr. Bill Hofman, Pr inc ipa l Planner, announced that one item wa• liated in error. This i1 Zone Code Amendment #154. This ite~ ii not on the Agenda tonight. Chairman Farrow asked if t hara -re paraons present to speak on this item. Since there vas no on• pre sent for this item, it was so noted. Jose Farrow Friestedt Schlehuber Rombotil Rawl ins X X X X X X X MINUTES PLANNING en.MISSION December 22, 1982 Page 2 COMMISSIONERS NEW PUBLIC HEARINGS: Item #1 -CT 82-23/CP-2221 MOLA Dh"VELOPMENT CORP.-A request for a 60-unit tentative tract map and condominium permit on property located on the north side of Alga koau approximately 650 feet west of the intersection of El Camino Real and Alga Road in the RD-M zone. Mr . Bill Hofman gave the staff presentation as contained in the staff report, using wall exhibits. He stated they would combine Item 11 with Item #6, as this is the same application and in the same area. The firs t item is a 60-unit tentative tract map and condomini permit and the second is a site development plan for a retail coumerr\al center. Item #6 -SOP 82-4 -MOLA DEVELOPMENT CORPORATION -Request for approval of a site development plan for the constructi n of a coumercial center on the northwest corner of El Gamin Real and Alga Road in the C-2-Q zone . The proposed project will be located on a 10 .2-acre, rectangula - shaped site . The proposed co11111ercial center consists of two major tenants, a large drug store and a market, al.ong with various retail shops. Three separate buildings, one of which is a drive-through bank, will be on t he easterly portion of the site near El Camino Real. The buildings would have a combined area of approximatel y 90,050 square feet floor area . Access would he provide~ by a driveway off Alga Road and a right-turn only on El Camino Real . The applicant has provided a 40-ft. wide driveway and pedestrian access to the property to the nort so that the two properties will be linked together at the time the north site is developed . A six-foot wall is proposed along the rear of the property to screen residental from the loading area of the co111Dercial. Staff feels this is a good design and recoumends approval. Chainnan Farrow asked about the block wall i n the rear; that it would be required and would provide a definite dividing line as well as a buffer. Co111Dissioner friestedt asked whether open 1paces would remain and was to ld they would. Chairman Farrow opened the public hearing and issued t he invitation to speak. Mr . Jim Hic~s, 5130 Avenida Encinas, represen ting Mola Develop- ment Corporation, spoke to the Coamission. The statement was •d• that they will have to fol low strict regulations as far 81 th residential pro ject iB concerned. Did coument on the full dian they are r quired to install on Alga Road . Thh ii on both r 1idential and coumercial . Asked Counission if there ii any way to share half of this median cost. Nape were u1ed to 1how the property. Reference was made to Note 17 on Page 4 of the Re1olution on the co11111ercia l project. Tbi• note 1tate1 all three pads are to be used for offices, bank• or 1aving1 and loan office,. On Pad B, there is a poaiibla reataurant tenant. Th additional parking required fo a reataurant would be provideo, if and whon that b~came a de inite co itmenl. SOIM of the shops could be eliminateu to provide the additional parking, if that b came necessary. MINUTES PLANNI~ COMMISSION December 22 , 1982 Page 3 COMMISSIONERS They would like to have that approved over-the-counter or by the Planning Director, if possible. The office activity is limited and they feel another financial firm would not be good. Stated t hat staff had been cooperative; that it is a difficult piece of property t o work with topographically. Conxnissioner Rombo tis asked if t he parking ratio would remain t he same if a restaur ant did go i n on Pad B, and they would not use up their s lack be tween 191 and 2 to get additional parking, Mr. Hicks said they would not. Chairman Farrow asked if they had considered a drive-through restaurant as well as a sit-down. Hr. Hicks answered that Hr. Mola does not want drive-through restaurants and they woul be willing to agree to this as a s tipulation. Conxnissioner Jose also expressed his opposition to a drive- through restaurant, due to the proximity of the two exits . Co11111issioner Schlehuber asked staff's position on both items. Hr. Hofman answered they deferred to City Engineering, but on the restaurant proposal, they would bring any change to the Conxnission for consideration as an information item. Regardin the median island, Hr. Richard Allen stated there will be a need for a full-width merlian. The Assis tant City Attorney stated it might be possible to have a delayed assessment that would make them pay for the median, but they could get part of the money back. Conmissioner Fries tedt agreed the applicant should pay his fair share, but doesn't think the other side of the street could then be deve loped and that developer not have to pay his fair s hare. Coamissioner Schle huber stated that it must be done and the deve loper has to pay the cost-- not the City--but felt it was a matter of asking City Attorney for delayed assessment for recovery. Hr. Hi cks agreed they must put t his in, but were concerned about recovering some of the cos ts. Since no one e l Ae wished to speak on the matter, Chairman Farrow closed the public hearing at 7:34 p.rn. Chairman Farrow stated he would like to see some wording to address recuperation of fifty percent of t he cost of t hat median. The Coamisaion approved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolution: RESOLUTION 00. 2066 REOOHHENDING APPROVAL OF CT 92 -2 3/ CP-222 1'0 THE CITY OOUNCIL BASED ON THE FINDINGS AND SUBJECT ro THE OONDITIONS CONTAINED THEREIN. The Hembr.rs of the Planning Conxnission agai.n stated t l,e ir d aire that ataff return with appropriate language to make an allowance for recovery of one-half the cost of the median. Th• A11i1t.ant City Attorney stated this would have to be di1cu11ed with the Engineering Department to see if reimburse- ment can b required of another person when this median is wholly necaaaary to serve this project. cannot make a definit c i nt at this time. They will return to the next meeting with thil deciaion. Kr . Hicks wanted the Conxnission to go at.ad with tha projec t and addr •• this reimbursement matter ltljar · Jose Farrow Fries ted t Schlehuber Rombotis Rawl ins MINUTES PLANNING COMMISSION December 22, 1982 Page 4 COMMISSIONERS The Coumission approved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolution: RESOLUTION NO, 2063 APPROVING SOP 82-4 BASED ON THE FINDINGS AND SUBJECT 'IO THE CONDITIONS CONTAINED THEREIN. CONDITION fJl 7 THAT PADS A, B and C SHALL BE UTILIZED FOR OFFICE, BANKS AND SAVINGS AND LOAN INSTITUTE USES ONLY SHALL READ THAT PAD B COULD BE USED FOR NON-DR.i.VE-IN RESTAURANT ONLY IF EXISTING RATIO OF PARKING BE RETAINED PLUS SUCH ADDITIONAL PARKING AS RfllUIRED. Item #2 -GPA -66(B) -CITY OF CARLSBAD -Request to amend the Circulation Element of the general plan to change the proposed alignment of Los Monos Road. Hr. Charles Grioxn gave the staff report using the overhead projector with a map showing location of Los Monos Road and proposed alignment change. Los Monos Road is shown as connectil18 with Melrose Avenue just north of Palomar Airport Road and proceeding west and northwest to connect with future College Boulevard northeast of Sunnycreek Road. The proposed amendment wouid bring Los Monos Road westward from Mel rose and connect with Palmer Avenue at El Camino Real. Because of t he number of recent changes in the land-use plan in t his area, traffic counts are much higher. This change was felt necessary to relieve the pressure. The City Council held a workshop November 9, 1982, and this alternative came out of that meeting Staff fee ls this is a good alignment for Los Monos. It mePts the Ci t y's half-mile spacing policy along El Camino Real a nd allows traffic to bypass the Palomar Airport Road and El Camino Real intersection. One very negative aspect of the alignment is that it will split the Beckman Instrume nt site i nto two part Beck.man has a proposal for a site development plan south of the proposed alignment and the City is working with Beck.man to mitiga te the problems. Staff recoll¥!lends approval . Chairman Farrow opened the public hearing and issued the invitation to speak. Hr. Frank Aleshire, City Manager, City of Carl sbad, spoke to the C.011¥!lission. The Beck.man property is the critical isrue. Beckman has proposed a major expansion of 500,000 square feet of building added to that site. They have an important need for security on their property . They are opposed to a road throu h t he middle of their property. This has been discussed with B ck.man, in Fullerton, for several months, and at this ti.me w hope it will all be worked out satisfactorily. However they may have to oppoae t he final deal when it comes before th City Council at a later point. Mr . GrUllll aaaiated Hr. Aleshire by showing a map indicating th road through Beckman property. The City property is adjac nt where they intend to build a major operations center. Ther ia a proposed int rsection Lo be built with a traffic signal. Thi ■ ntir development may eventually take place, ,till having som circulation problems. There is now a Circulation C.0111111iltee and Ch.airman Farrow is a member. This itte will be looking at t his c irculation problem, as well a• other exi1Lif\8 traffic problems suc h as Tamarack, etc. He indi at.ad th.at we really doh.av a c.irculation problem, which the planner• told u1 we would have. He urged the Co1I1Uiss ion Lo at favorably toni&ht 10 thi1 issue can be put before the Ooun i 1 . Jose Farrow Frieatedt Schlehuber Rombotis Rawlins X X X X X X X MINUTES PI.ANNI!«; caon:ss10N December 22, 1982 Page S COMMISSIONERS Chairman Farrow asked what the time schedule would be between approval tonight and coming before the Council and Mr. Griam answered the third Tuesday in January. Chairman Farrow stated hie understanding was they wanted to move along with this and not continue the matter. Mr. Aleshire stated they asked approval with the understanding that details have to be worked out by the Council. Mr . Aleshire stated that they need a development agreement wit Beckman. The City Council enters into an agreement with a developer where t he City wants something from the developer and t he developer agrees to do certain things, such as Beckman deeding right-of-way to the City and the City building the road through their property. Beckman wants assurance that their future plans can have some permanence beyond the present City Council. They thought they had an approved plan a couple c, years ago and then we come along with a street through thei prop~rty . They are upset and will lose a significant amount of property of high value. They are asking we go along with them and give some assurance that their development plans will be approved three, four or five years in the future . He also stated that this is an interesting approach--one we !iaven' t had befor~. Coamissioner Jose asked if the Circulation Comni ttee would have an opportunity to l ook at this, and Mr . Aleshire answered probably not. Comnissioner Fri?stedt felt it should go before Counci l and the Circulation Comnittee. Since no one e l se wished to speak on the ma tter, Chairman Farrow cl osed the public hearing at 8:01 p .m. The Comnission approved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolution RESOLUTION NO. 2060, APPROVING GPA-66(B). ltem #3 -ZCA-14S -CITY OF CARLSBAD -An amendment to the Zoning Ordinance to revi se the parking requirements for professional office uses. Mr . Bill Hofman gave t he staff presentation as contained in the staff 1eport . Since no one wished tc speak on this matter, Chairman Farrow c losed the public hearing at 8:05 p.m. Chairman Farrow, Coamissioner Schlehuber and Mr. Hofman diecusaed the 300-f t . buffer zone around the Redeve lopment Area. Commiiyioner Schlehuber worked on the Parking Comnittee and t hat Comnlttee felt the 300-ft . buffer zone was the bes t they could do . Co11111issioner Rombotis fe lt the 300 ft. was conaiatent. Now, it is one way one oide of the street and another on the other side. He asked how set in conc rete is the Village Redevelopment, and the Asshtlllt City Attorney aaid it ia more aet in concrete than moat City Ordi nances . It 1a a lot uier to define something within 300 ft . of the Madavelopment Area than to am nd the Redeve loi>ment Area. Tb Co taaion adopted the following Resolution: ll9QWUON NO, 206>, RROOMMKNDlt«. APPRCVAL OF ZCA-145 TO THB CITY OOUNCIL BAS!D ON THE FINDIOOS OONV !Ni!!\ THERKIN. Jose Farrow Fries ted t Schlehuber Rombotis Rawlins Jose Farrow Frieatedt Schlehuber Rombotia Rawline (J X X X X X X X ll I I J I J J MINUTES PLANNING COMMISSION December 22, 1982 Page 6 COMMISSIONERS Item #4 • ZCA-156 -CITY OF CARLSBAD -Amendment to the Zoning Ordinance revising guidelines and setting conditions for the conduct of Home Occupations in residential zones. Mr. Charles Grinm gave the staff report. This request is to amend the Zoning Ordinance setting conditions for Home Occupations in residences. The current Ordinance is fairly vague and difficult to enforce. The new Ordinance requires a Home Occupation Permit, is more specific and realistic, and would be easier to enforce. There are a number of conditions attached to the report. The staff reconwnends the Conmission approve the Negative Declaration issued by the Land Use Plannirg Manager and adopt Resolution No. 2062, recoomending approval of ZCA-156, revising Home Occupations. Since no J ne wished to speak on this matter, Chairman Farrow closed the public hearing at 8:12 p.m. Chairman F&rrow discussed the definition of Home Occupation. He asked if the definition was for partial income or can it be a full -time occupation. Mr. Griom answered that it is partial or total i ncome--either way. Chairman Farrow asked if that meant vocation or avocation. Commissioner rriestedt questioned that farm goods are sold on the site. Hr. Holzmiller stated ttlat State law permits that if they are grown on-site. Mr, Griom said the fee for a Home Occupation Permit would be set by the Council, plus the Business License fee . There is no fee at this time. Chairman Farrow asked if the City has a noise ordinance. The Assistant City Attorney answered it doesn't apply to this. It only applies to construction noise. There ila no ordinance on residence noise. He stated he home is a place where people carry on activities that make a lot of noise; for example, raisi~ a family, carrying on a hobby in the garage, activities i n the backyard, fighting, etc. That noise carries out of t he boundaries of the house all the time. The usual way that kind of activity is controlled is not by the Governme~t, but by the people next door. What is addressed in this ordinance is a regulatory rule which will say you cannot disturb your neighbors and if you do, we have the power to make you bring whatever you are doing back to a level that will not disturb your neighbors. Any hobby you may have will have to be live d with--the old adage that oni man 's castle, etc ... Chairman Farrow wante d to know about the noiae level--does this apply--and Coamissioner Schlehuber said only if you sell the product on a regular basis. Chairman Farrow aaked abou t Item G--no advertising, signs, or displays < f any kind i ndlcating the existence of the home occupation shall ba permitted on t he premises. No advertising t hat lists the addre11 of the residence shall be permitted. Does t his wean bu1inaa¥ cards? The Aasiatant City Attorney stated that would ba vary difCicult to enforce. It is not particularly that typi of advarti1ing that is covered , but it does prohibit the workirg out of the home --the proverbial s hingle by the front door with advartiaina , Th busineas card would list the home address as tha office location. The Attorney indicated that he would not concluda thi1 a violation of t he ordinance. Cbairaan Farrow was concerned about the one horsepower limitatJlon 00 a aotor, a, he u1 • power equipment as a hobby. Mr. Griam axp l aiMd that the1e condition• were taken from other citiea and they felt that generally a higher horsepower makes more noiaa , but Cbalraan rarrow ,aid thi1 wa1 not true. It depend• 00 t he type o f motor and whather electric or gasoline. Mr. Gr111111 aai d that~ occupation• are difficult to define and IDOSt of th• anforoeMnt 11 e n a complaint baaia only. Mr . GrUll:ll aaid MINUTES PLANNlt«; OOMMISSI ON December 22, 1982 Page 7 thie new ordinance woul d be more flexible than the one in effec t now. Chairman Far row thought it should read decibel& rather than horsepower. Mr. Holzmiller stated that the existing ordinance i s hard to enforce; that we wanted to be reasonable, because too re is a need for home occupations. We contacted every citv in the county and used the standard& we t hought reasonable and justified, to give us a basis in case of a complaint. Chairman Farrow again expressed his concern wi th keeping the motors at one horsepower capacity. Coamissio~er Frie& t ed t agreed that this should be cleared up . He fe 1 t staff should make t he o rd i nance for machinery that makes excessive noise. Coamieeione r Jose mentioned the asphalt trailer jobs that ar e parked on the city streets. They ac tually l«lrk out of the ir homes. Mr . Griam stated it was i ntended t o prohi bit people parking large trucks in front of the house . Commiss ioner Schlehuber felt if we struck No. "G" and limited the horsepower t o 60 decibels of an engine. Chairman Farrow stated this could always be modified if it appeared to be unreasonable , but it ie something we could modify and cause less reper cus sions. Coamieeioner Rombotie agr eed t hat it could be any horse power ae long ae you don't se ll the product. They are not trying to stop garage hobbies. Coamiseioner Rawlins read condition "B", which states that all home occupations s hall be conducted entirely within the residential structure, except for permitted agricultural or hort icul tural ueee a nd wondered i f that meant he could put up a s hack in front of t he house to sell vege tables. The Ass i s tan t City Attorney s ta ted he had asked the Farm Bureau about thi s, and they stated t ha t the right to sell anything you grow on your propert y is a tradition in this County and most of California. Many year s ago the Council decided it was t raditional and proper i n Carlsbad t o sell agricultural produc t s gro;m on the proper ty i n the front yard. City Manager Frank Aleshire s tated t hat home occupations had always been a problem. He t hought the Coamieeion should break new ground . We want t o al low people t o have inoffensive home occupations without t he City getting into the act. There hae always been the selling of f l ower s in Carlsbad and this is 1omethi ng we should encour age. This ordinance would dis- courage t his and only encou rage evasion of the ordinance. However, t hia ordinance is better t han t he one we had . Seems we should try to find an easier wa y to do it. Under this ordinance, garage ~•lee wou ld be illegal, but they are a tra dition. He fel t a new approach ie worth cone ide1·ing. Th Com iaeion approved a motion to refer ZCA-156, RESOLUTION !Q, 2062, back to staff for further study . It.ea f5 -ZCA-157 -CITY OP CARLSBAD -Request to amend the Zoning Ordi nan e to eetabliah condi ti one for t he pl ace - •nt of mobil e home• on permanent foundations, and to dalata the authori&a ti on for placement of factory-but 1 t houa•• in t h mo bile home park &one. staff report on t hil recommendation, which ac tually c leans up tha co111pllanc with Section 18551 of the Gove rnment Code, providal for parMneat founda tion■ for mobile home■. Staff raco-8nd1 approval . Ch,airaan farrow op nad the publ ic hearing and extende d the invitation to 1paak. Since no one withed to 1paak on thi1 ,u ject, h public hearing waa clo1ad a t 8 :41 p.a . Jose J Farrow J Frieatedt J Schlehuber J Rombotia J J R.avlin1 J r "1 MINUTES PU..NNIM:; COMMISSION Decemb•!t 22, 1982 Page Co11111iP11loner Rawlins coumented there was a move afoot to eliminate the name "mobile" and call them "manufactured homes" A1111i&t8nt City Attorney stated they are the same. Under State law the definition is t he same. The persons trying to change the tltle are only trying to sell them. The Coumission approved the Negative Declaration issued by the Land Use Planning Manager and adJpted the following Resolution RESOLUTION NO. 2061, RECOMMENDING APPROVAL OF ZCA-157, BASKD ON mE FINDIP«;S CONTAINED THEREIN. APPROVAL OF MINUTES: The minutes of the November 24, 1982, meeting of the Planning Commission were approved as corrected: Coumissioner Jose noted that on Page One under Planning Coumission Procedures the minutes read : Chairman Farrow explained Planning Co11111ission procedures, etc . Inasmuch as Chairman Farrow was not present at the November 24, 1982 meeting, it should read: Vice-Chairman Schlehuber Chairman Farrow announced that since this is t he las t meeting of the Planning Commission for 1982, a new Chairman is to be elected. Comnissioner Schlehuber was elected Chairman for 1983 and Co11111iasioner Rombotis was elected Vice-Chairman . The next meeting of the Planning Commission will be January 12 1983. Co11111iasioner Jose read a poem to the Commission . By prop r motion, the meeting of December 22, 1982, was adjourned a~ 8:43 p.m. &aapectfully 1ubmitted, NI~KL J . ll>LZKILLKR Land Ua• Plannlng Manager Harrlett Babbitt, Minute■ Clerk Jose 1 Farrow 1 Friestedt X Schlehuber X X Rombotis X Rawlins X