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HomeMy WebLinkAbout1983-02-23; Planning Commission; MinutesMeeting of: Date of Meetinq: Tiffie of Meeting: Place of Meetinc,: CALL 'ro OOIER: MINUTES PLA?•IU~ CXMIISSIOl February 23, 1983 7:00 p.m. City Council Chantlers 'Ihe meeting was called to order by Chairman Schlehuber at 7:01 p.m. PIEOOE OF ALLEXH.AN:E was led by Chail"!Mn Schlehuber. R)LL CALL: Present -Chairman Schlehuber, t.::omnissiooers Raltlotis, Marcus, Jos,~ and RawlLlS. Absent -Comnissiooers Farrow and Friestedt. Staff Merrt>ers Present: Olarles Gri.Jlln, Principitl Planner Bill Hofman, Principal Planner Paul Klukas, Assistant Planner Gary Wayne, Assistant Planner Ex-Officio Mefttlers Present: Michael Holzmiller, Land Use Planning Manager Daniel Hentschke, Assistant City Attorney ~ Kackley, City Engineer PI.IRUK; CCMHSSIOl PROCEOORE: Olairman Schlehuber anoounced the Planning Comnission Procedure as printed on the reverse side of the Agenda and gave a shcrt sumnary of the Procedure. DISCtESIOl ITDI: 6 • CARISBAD.;;;: RI\CliW\Y REPORT O\ait111an Schlehuber announced this item was an infa:mation item atly and oot a public hearing. 'Ihis 1111118 for PlanniR;J Ccanission discussion only and the public lolOUld oot give testinaly unless the camdssion decided to asJt for it. For the t1!00t"d, Olairman Schlehuber anoounced he had reviewed the tape sent to him and a m.1mer of letters for and against the issuiR;J of a further CXlllditiooal use perait fee that site. 'Ihe letters are entered as a part of the dillCU88ioo and will be available as part of the Nin.at.ea of this MeetiR;J, together with the tape ~ to Chairman Schlehuber. Q\airan Schlehuber stater! he woul d take this item out ol order and ask for a staff report. Pail Kluk•, M&istait Planner, gave the staff report as aontained in the ..-.xanihn dated Fetruary 23, 1983. Staff t«l _Idec! the Coaiasia, take lid.a iasue to a PJblic hMrin9 to tpiate the CXlllditia,s and set definite•~ fee noise oontrol and lalitor to see if tt-,-. abidiR;J by thoee standards. Aleo, a yearly or a aix-a:lnth nview llhculd be set and an expiratia, date eetabl~ fer the CUP. ' } ocaaluianer Nara.Ill ■aid llhe had not received the Minutes of IINtinlJI wtlM\ thia W8 ~ (she was a, the Oce1Nit:Jn at the t,_). She needed to see m dDGanta and 9C> thlXJQliJh the air-.atea and try to asoertain the ftab,W. Al.110, lhe wnted oopiN of the CUP. (,) MINUTES FP.brua..-y 23, 1983 Page 2 Ccmnissiaier Jose oomnented that he felt that was llR)ropriate. camli.ssiaier Rontx>tis felt a notion was in order due to the conflicting testi.Jna'ly as to whether a violation of noise standards existed; thst they (l)en this item for a public hearim on July 13, the first meeting in July and after the notor:-cross event. Staff should llOlitor noise levels in the interim period and give a conplete report with a~ of the existing CUP. Chairnen Schlehuber added he ...ould want sate idea of the noise standards in that report. He suggested the County noise standards in decibels. camdssiaier Rontx>tis said this was a o:mTUnity benefit to a lot of pecple out there and it is unfortunate that San Marooe and surrouooinq areas have chosen to put pecple under the airpot"t landing in a noise area. 'Ihe camli.ssion should review this on July 13. 'Ihe Planning Coomissicn voted to set this item for a µiblic hearing on July 13, 1983, with the noise levels to be IID'litor:ed in the interim period, with a full report fran staff at that time, along with a~ of the e,risting CUP. <nn'INUED PWLIC HEARilG5: 1. ZC-269, rn -Request for a zooe change fran R-1- 10,000 to RI>-M(O) (Residential Density -Multiple with a Qualified OVerlay) for: a 59.64-acre parcel generally located near the northwest intersection of Avenida Encinas and Poinsettia Lane adjacent to and east of the AT&SF Railroad. 'Ihe Planning Coomissicn voted to permit the withdrawal of zc-269 fran the Agenda. ~ PUBLIC HFAR.IlGS: 2. CT 83-1/CP-226/SP-171(C)~149)K)O SHAPEIL INtUmUES -A request for: a -lot 11 tentative tract map and ooocbllini1.1n permit along with a specific plan idllent and master plan amendment en property located oo the r¥:rtheast cxrner of El Camino Real and Levante Street in the P-C zone. Bill Hofman, Principal Planner, gave the staff preeentatioo, 1118 contained in the Staff Report, with a tranaparency showing the features and locatioo of the prqxlMd project am a wall map showing the project. Olainan Schlehuber q>erw!<i the public hearing at 7: 14 p.L and iaaued the invitatioo to speak. Garth Olat,era, President of Shapell Inwstries, 9787 AoerO Drive, SM Diego, addressed the cannissioo. He intr:o&loed ...,.ra of their staff present at the hearing and stated they had been building in Carlsbad since 1976. '1twy felt this project was a nice buffer between existing iw1idential to the east and the oomnercial to the northweet. 'lheir property cu~tly is vacant. He Schlehuber Paltx>tis Marcus Jose Rawlins Schlehuber Paltx>tis Marcus Jose Ralvlins X X X X X X X X X X X X MINUTES February 23, 1983 Page 3 expressed his llppreciation to staff for their cxx:,peration and stated he was looking forward to "°rking with them in the future. He had nine slides of the type of project they intend to build, which he showed to the Ccmnission. Dr. Melvin Meilach, 2018 Saliente way, Carlsbad, addressed the Cannission, representing the Mooarch Haneowners Associatim. 'Ihose are the peq>le who live on the hill east of the develqxnent. Since they have a noise factO£, they felt the landscaping on the east end was not r,-:lq\.late to buffer out the noise. Dr. Meilach used the wall map to show the locations of the property owners he represented. 'lhe proposed project developers had planned to screen the noise from El Camino Real, but rothing to step the noise on the east side. At the time Ya\s went in, the roise factor and the lighting factor were addressed to the Council. 'lhey are not against this develqxnent per se, rut are trying to protect the hareowners east of the project. When you live on the rim of a hill, the noise tends to go the hill. DJring ronstructim of Vms there were rolll)laints atout the times of ronstructim, as they started every early in the IIDI'Tling. Also, the inpact of traffic on Lavante and the inpact on the schools would be a problem. 'lhey felt the schools were overcrowded now and this would put 121 units in and would have an inpact. He stated he represented 223 hanes, and they were interested in the inpact and effect m their living relatimship. Ben Morris, 2002 CU1tre Court, addressed the Cannissim, as a prcperty owner in the adjacent area. He expressed a:inoern about the lights on the tennis oourt and the lands0191Ping buffer. He stated that below them there is just natural terrain and grass and no trees. Bill Hofman answered that the a:Jnditim reads a maxinum time of 10:00 p.m. on the lights. Ccmnissioner Jose asked if that included the swi.nmi.ng pool and Bill Hofman stated that wasn't indicated, but it ooul.d include the pool. Olairman Schlehuber stated the a:Jndition it could read that all the lights fa£ the recreatim facilities be tw:ned off at 10:00 P.M. Ooldsaioner Rcat>otis added that the a:Jndition should exclt.de security lighting. O\airaan Schlehuber gave the ~licant an c,wcrtunity to ~. but stated there might oot be a problem if dliticnal landeoaping is done in that area. Mr. Olalt>era stated there was oo problem as far as i99tric:tiaw on the recreatimal facilities: and as far • the l.almolping, they would do whatever would be 1A,1tqxiate aloog the easment. Oca!iaimer Rcat>otis asked who owned the easelllel"lt, as it ia not: a part of this subdivision. 'lbe llpplicant re- 'Pftlld that Dien owns that land and Chairan ~ Mked if there was enough space to do aclii- tklnal lardlclping. ShCJrtY Be~ta, of Shapell Incluttrials, respcnded to the it.1111 that Md been brought up. He stated they had five MINUTES February 23, 1983 Page 4 feet, possibly nure, where they can do heavy landscaping. As far as the school overcrowdinq, they would have to apply to the school district, and they have done that. As far as traffic, we had an analysis made and a sound study; and, as far as he knows, everything is within acceptable tolerance. '&~,~~ ~ COMMISSIONERS \'?,_~~ \\ Dr. Meilach said he had not known ho.r 111.1ch land they had, and if Mr. Beights said five feet is adequate, they would agree with that 1'ley just didn't want it to be ooapleted and then find out it was not sufficient. Dr. Meilach asked aoout the pimic area in the back and asked for nore infccmaticn al:x>ut that. Mr. Beights told Dr. Meilach he awreciated their oomnents and they have tried to arrange meetings with the haneowners associaticn. 'Ibey evidently just became crganized. He said the barbecue area might be a misnclll:!r, for that would be a landscape<' area and nore for just walking, meditaticn, enjoying the view. He really felt it was too far away from the buildings to make it convenient for carrying food. As far as the roise problem, they certainly don't want a roisy neighl:x>rhood that might distract any potential buyers. CllaitlTBll Schlehuber added that lilndscapinq will cut out sane of the light also. 'lbe Camdssicn rea:xrnized Cary Quayle, 2002 Sima C.ourt, Carlsbad, another property owner adjacent to the prqx,sed project, who expressed concern about the roise. She envisiated 200 peq,le in the swimning pool-and would rather have a building there and the pool in the middle of the ooaplex. Cllairman Schlehuber explained this was rot a possible solution. Dr. Meilach said he had two additional questions; first, the air oonditioning and screening on the roof and the roise factor en that; also as a tennis player, he knew that tennis courts produce a lot of roise. Olairman Schlehuber said that screening on the roof was a:,vered hy Ol"dinanoes and Bill Hofman said that the Building Department policy does rot allow rooftcp equipnent. Since no one else wished to speak on this item, the public testimony was closed at 7:34 p.m. CcaliBBioner Radx>tis asked staff what the times were regarding oonstructicn, ax! Bill Hofman answered 7:00 a.m. until dark. Collliuioner Jose OOll'llented this sounded like a good developlBnt but he would like to see added landscaping ,nd Nybe the poaatbility of considering a 6-fc. wall. It hM been proven on the freeway that landscaping doNn't block a.at noise, eo maybe a wall-although becauN of the al.ope along the easterly property line that ..ouldn't block out noise either. Q\airan Schlehuber noted th,,t the existing hemes in the area are up aboYe the project and a wall would do no 90Qd aa far u blocking out anything up above. MINUTES P~IM; CDIUSSICN February 23, 1983 Page cannissioner Rawlins stated that he thought the noise the Doctor was referring to was the a>nstruction noise. ChairTT'an Schlehuber said it was the pool, tennis, just people in general. Comnissioner Raltx>tis c:onmented that it is only a 30-ft. pool and he felt 200 people could not get in it all at one time. 'nle Plannil'l(l Comnission approved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolutons, with the additional condition that adequate landscaping between recreati ..... ial areas, including the tennis court ( item 110 on page 4) and the St:x;&E easement and a 10:00 p.m. limit on all lights with the exception of security lights. RESOWI'ICN 00, 2082, RECCMEIDm:i APPRJVAL FOR A 12-LC7l'/120-t!ITT 'lffi'l'ATIVE TRACT MAP AND CXHX:MINitN PERMIT CN PR::>PERl'Y GENERALLY IJXATED IN fflE OOlfflIF.MT OORNER OF EL CAMIOO REAL Am~ STREET. RESOWI'ICN 00. 2083, REa:J+IENDm:i APPRJVAL OF A W..<."l"E:R PLAN ~ 'ID ~E fflE MMTER PLAN ~CN OF A PARCEL FRO! RIJo1 'ID RKl CN . ,vPER'IY GENERAILY I..£X:ATED CN 'fflE 00~ CDRNER OF EL C\MIOO REAL AND ~ STREET. RESOWI'ICN 00. 2084, RECCMo!END:m'.; RESCISSICN OF ~IAL PLAN 171(A). 3. EIR 82-4/ZC-260/CT-18/CP-214 -SAf+IIS PK>PERI'IES (BT\TICoI'IOO POINm) -Request for preannexatiooal zone change fran County A-70 to City of Carlsbad~. and a tentative tract map for 354 condominium units. Charles Grinm, Principal Planner, gave the presentation AS oontained in the staff report. He quoted the mesrorardJm dated Fetruary 23, 1983, changing Resolution 2087, whidl WAS distrib.Jted to Merrt>ers of the Cannission prior to the meeting, and used a transparency to show the location of the site and the landscaping and wall lllllp6 to how how the inpact was 111..<.tigated. ca.dssicner Rattx>tis reminded staff that an easement exists oo the site. Olarles Grum stated that in order to mitigate the visual eathetica, when they redesigned the buildings, they did reel.lee the IUllber of units fran 372 to 354. It is at the high end of tl11:r density at 19.6 wtits per acre, rut staff found that acceptable as there is little asphalt shown in! aetbacka ant very large. 'lbere are two parcels oot a pert of the developer's planned project itself that are inclUISed in the pt9&Mexatiooal zme change to eliminate lll't'J County islands being left in the area and staff reo 11111ded Negative Declaratioos for those parcels. Schlehuber Rattx>tis Marcus Jose Rawlins X X X X X X MINUTES P~IN:; CXMUs.5IOI February 2 3 , 198 3 Page 6 cannissicner Rawlins asked if it was a necessity to eliminate the units,~ he felt they oould have rotated the buildings and saved the nUIIDer of units. Also he thought the density was 21.4. Olarles Grinln answered they tried to keep the nU11Der of units, but the awlicant was trying to maximize the views in each buildinq, and if you turned the buildings you 1o:ould have problem; with the views. cannissicner Marcus asked how these people would get beach access and Charles Grimn answered that was another problem and staff felt it would be difficult to try to cross four lanes of traffic on Carlsbad Boulevard. '!hey came up with a ireandering ..,alkway to th.:? bridge where it crosses San Marros Creek channel, and at that point, they felt the people could go under the bridge. '!here is a shoulder there to walk oo. Olairman Schlehuber q>ened the public hearing at 7: 53 p.m. and issued the invitation to speak. Steve Bieri, Samnis Properties CCf!Pany, 5030 Camino de la Siesta, Suite 100, San Diego, General Partner of Batiquitoe Pointe Projects, addressed the Coomissioo, givi.ng a list of their credentials and introduced the l'!rctii tect for the pro:iect, who used the wall maps to shaol the s ite and to explain what they proposed to do with the project. '!hey were aware it was Pnvironmentally sensitive property and included a tremendous airount of green area within the project and from the exterior. He explained the view from alonq the road had been al.rrost walllike from a side angle, and difficult to see the ~ space. '!hey came up with the "star-shaped" building so there would be dramatic depths from the road. Also, with that design, you would be able to see landscaping through the project and not have the buildings form a wall. Al.so, they wanted to get away f rom a "beehive" type of approach, and with the "star-shaped" building, approximately SO percent of the units are oorner units. Aleo, they put townhouses over flats with nore privacy between uni ts. '!here are tlil'O shapes of buildings, with the other ooe being flat with three stories of apartments. '!hey are all center oourtyard buildings. '!he setback from the street from the edge of the road to the face of the building is lq:Proximately 315 feet and in the shcrtest area i t is 90 feet. In regard to I tem 42 of Resolutioo 2087 (page 8), they are trying to solve this with a private agreement, agreeable to the City, to alleviate the need for an ass-t diatrict. Dal Sdlreiber, 7290 Penta Drive, addressed the CIOIWLlsaion, stating i t was their two pieces of property they are bdnging i n and he inquired if it would be the a.e density. Staff answered affirmatively. He also aak_, about the elevatioo oo the future notel/hotel aite. MINUTES February 23, 1983 \~~~"6 Page 7 COMMISSIONERS,~®~ ~\ 'Ille Ccmnissioo reaognized Pat O'Day, 315 North Clementirie, Oceanside, who answered Mr. Schreiber's questicns regarding the elevatioo over the railroad track:s. He used the wall map to indicate the percent of grade. Comnissioner Rartx>tis asked how high it was and Mr. O'Day said 12 or 13 feet above the railroad track:s-24 feet plus ~ feet for the bridge is what they have to cx,ne up with. Mr. Schreiber asked if the road is going underneath the access and Mr. O'Day said essentially that was right. 'nley will have to redesign the oo and off ranps as they are not designed well enough foe the speed and traffic and they will also redesign the intersectim. Mr Schreiber asked Mr O'Day about the future hotel site and setback:s fran the road and Mr O'Day showed these to him on the wall map. Since no one else wished to speak oo this item, the public testim:ny was closed at 8:09 p.m. Comnissioner Rawlins asked about the court area, since it is shown as green oo the drawings and it is over the garages, which are ooncrete. Mr. O'Day said there would be no lawn there, of course, but there will be boxed trees and landscaping there. Comnissioner Rawlins reminded Mr. O'Day that the maxiffl.un height for buildings is 35 feet and he wanted to make that clear. Comnissioner Rartx>tis asked if oo Item 142, a private agreenent is agreeable. Chairman Schlehuber noted that the City Engineer i ndicated that it was acceptable. 'n1e Planning Comnissioo ar,proved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolutioos in addition to the changes made and accepted at the hearing by the Ccmnissioo and agreeable to the applicant: ~U11'1Ctl Kl. 2085, REX.:DIE'mnli CERI'IFICATICtl OF iiwiJi:'.iiiNrA IMP.ACT REPORT EIR 82-4 FOR A Pm <DERALLY m::wDIK; A P~TIOIAL ZCNE CHAM'.IB m>I CXlln'Y A-70 to RD-+K) AND 00 AND A TENl'ATIVE TRACT l9J> IN) CXIIOCtUNit.J,t PERMIT Ctl PIOPERTY UJC\TED lJltlEDIATELY N'.Rl'fl OF 81\TIQUrta; ~ Blfrii3EN CARLS8o\D IOJLE.VMD AND 'fflE AT&SF RAILKlAD. RBOOUn'ICtl 00. 2086, RECXMIE2IDil'-li APPIOVAL OF A DE OWl:Z m>1 COONrY A-70 'IO RD-+Kl IN) 00 Ctl PIQ»Ekrt GBIERALLY IOCATED Dl'IEDIATU.Y N'.Rl'fl OF ~TIOUI').a; ~ BEnEm CARISIW) lOJLE.VMD AND 'l!IB AT"8F RAILRlAD. RBSCU1I'ICtl 00. 2087, RECXMmmIN; APPIOVAL OF A 'D!N'1M'IVE TIW:T l9J> AND CXHXJotINit.J4 PERMIT Ctl PKMlkfi <:amw..LY IOCATED IfolltEDIATELY N'.Rl'fl OF 9'TIQUnaJ ~ BE'IW8EN CARISIW) lOJLE.VMD IN) 'DIE AT"8P RAILRlAD. :-te:;rt:!:rr14t CITr aa' CARlSIWl -General Plan CO\sistency t oo or the 1983--84 capital lnprovement Program (CIP), Schlehuber lo1tx>tis Marcus Jose Rawlins X X X X X X MINUTES February 23, 1983 Gary Wayne, Assistant Planner, gave the staff presentation on this item as contained in the staff n!pO["t. 'nle CIP has uooergone the appropriate m.urber of public hearings, but in order to use the Federal revenue sharing funds, one additional hearing is needed. '111is is a separate item, for the Comnission to accept public testilrony relative to the use of Federal revenue sharing funds. Comnissioner Rontlotis asked whether the Comnission should make a notion to have a public hearing to accept public testilrony and send the minutes to the City Council. Chairnan Schlehuber asked if this had to be noticed and Gary Wayne stated that it had been noticed as a public hearing for tonight for that partirular issue. Comnissioner Jose stated he would like to clarify one thing on page 1 of the Attachment. In section 83-02 - Relocatioo -Fire Statioo No. 3, he felt the words "near Tamaradt and Elm A.venues" was confusing as it now reads, fer no one would be able to visualize those streets oorning together. He asked for that to read : "future intersectioo". Chairnan Schlehuber opened the public hearing at 8:17 p.m. and issued the invitatioo to speak. Since no one wished to give testi.Jrony oo this subject, the public testim:lny portioo was closed. 'nle Planning Comnissioo adopted the following Resolutioo, with the revised Attachment: RE&::)lHTI~ 00. 2029, FINDIK; GENERAL PLAN O'.H3IS'I'fN:Y ~ A. CXX)RDINA.TED PR.XiRAM OF PI01a!E[) PUBLIC \IORICS, 1983-84 CAPITAL IMPRJVD&lT PR:lGRA.M (CIP). 5. ZCA-161 CITY CF CARLSIW) -An amencnent to the ZOOing Ord~ to allow certain intrusions into rear and aide yard aetbadts adjacent to permanent open space at the discretion of the Land use Planning Manager. Bill Hofaan, Principal Planner, gave the presentation, • outlined in the staff repor:t. aa-iuicnlr Joae stated he was in favor of this _dlllllnt but did ..crmr if the property were next to pJblic pcapetly, IOlld it be applicable. Bill Hofman stated it I01ld be, if it were a public park. OW.1utaner Acllbotia addec1 they would have to find that it WM not detriantal. Bill HOfMn aa1d it I01ld be a discretionary awroval. o.aiuicnlr llafli.na asked if that meant en a side yard ~ tha it oould 0111trhang the aide yard if it were a etrNt, and Bill HofNn answered that only if it were an q,a1 ar.a and a street wee not oonsidered open area. inan chi.tu>er q:,ened the public hearing at 122 p.a. and 1-..d the invitaticn to speak. Since no ~ to apellk on this 1 , that porticn of the public hearing WM cloNd. Schlehuber Rontlotis MarC\JS Jose Rawlins X X X X X X MINUTES PLANNING COMMISSION February 23, 1983 Page The Planning co-iasion approved the Negative Declaration i~eued by the Land Use Planning Manager and adopted the following Re solution: RESOLIJfION NO. 2081, RECOH1€NDING APPROVAL OF A ZOt£ COIE A1€ND!o£NT, Alo£NDING TITIE 21 OF THE CARLSBAD MUNICIPAL COIE BY THE ADD IT ION OF SECTION 21.46.120(2) TO ALL<'', Cl:RTAIN INT RUSIONS INTO SIIE AND REAR YARD SETBACKS ADJAO:NT TO PERMAtENT OPEN SPACl: AT THE DISCRETION OF THE LAND USE PLANNING HANAG:R. APPROVAL OF MINUrE S: The Minutes of the Meeting held January 26, 1983, were approved as presented. The Minutes of the Meeting held February 9, 1983, were approved as presented. OFF AG: NOA ITEM: Co111111iaaioner Rombotis asked what the present status is on the junkyard on Ponto. They are not in compliance vith the CUP and are there any future plans there? Paul Kluka• aaid the junkyard CUP just expired and they have eent tvo letters to the owner, and all they have heard ie that his attorney viii contact the City. INFORMATIONAL ITEM: Olairman Schlehuber announced that since the City Engineer, Roy Kackley, haa joined the Corrmieeion as an Ex-Officio Member, a, of the next meeting he will be 1itting with the Co-isaion and will be available to an1ver any que1tione directed to him. ADJOURNM!NT : By proper aotion, the meeting of February 23, 1983, was adjourned at 8:25 p.m. Re1pectfully aubaitted, • ""1J.u!lll•\p9G . MIOUIL J . KOL II.UR wnd Oae Planning Manager Harriett Babbitt, Minute, Clerk NIITINGI All ALSO TAPIO AND IC!PT ON Fll.E UNTIL APPROVED. Schlehuber X Rombotia X Harcus X Jose X X Raw line X Schlehuber X Rombotis X Harcus X X Jose X Rawlins X Schlehuber X Ro..-.".>ot is X Hircus X X Jcse X Rawlins X