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HomeMy WebLinkAbout1983-04-13; Planning Commission; MinutesMeeting of: Date of Meeting: Time of Meeting: Place of Meetinq: MINUTES ?IAWnx; (Xfft!SSIOO April 13, 1983 7:00 p.m. City Council Chantlers The meeting was called t() order by Chairman Schlehuber at 7:04 p.1n. PLEOOE OF A.LLEX;IA.~ was led by Chairmen Schlehuber. P~IN:i CCMUSSIOO PRO:EOORE: Chairman Schlehuber announced the Planni ng Comnissioo Procedure as printed on the reserve side of the Agenda and gave a short stmnary of the Procedure. R::>LL CALL: Pre:;t'.."'t -Chairman Schlehuber, Comnissioners lccltx:>tis , Marcus, Farrow, Rawlins and F'riestedt. Absent -Comniss iooer Jose. Staff Men'hers Present: Bill Hofman, Principal Planner Charles Grimn, Principal Planner catherine Ni chol as, Assis tant Planner Clyde Widcarn, Assistant Civil Engineer Ex--Off ici.o Men'hers Present: Michael Holzmiller, Land Use Planning Manager Daniel Hentschke, Assistant City Attorney Fo:i' Kackley, Citv Enqineer Mike HolznJ ller, Land Use Planni ng Manager, announced that the letter and exhibit for I tem 19 were inadvertently ~ttac:hed to report 12 . P{lll.IC HFARn«;S: 1. G>A-67(A)/ZC-270 -IVAR -A request t o amend the General Plan land use desiqnatioo f rom RU1 (residential low-medh111, 0-4 du/ac) to P-I (planned i ndus trial), and a prearmexatia\a.l zone change from E-1-A (oounty) to R-1- 10,000 (one family residential, 10 ,000 square-foot mininum lot size), and P-fil (planned indust rial). Bill Hofman, Princip,...l Planner, gave the st aff presentatioo, using a transparency showing the locatioo IIIIP, basically as contained in the staff report. Chaiman Schlehuber opened the public heari ng at 7:09 p.m. and issued the invitatioo to speak. Mr. Don Agatep, Planning Consultant, 2956 Roosevel t, ~ the Conll\issioo representing Ivar, and stated they CDlCUrred with staff's reoomnendatioo and would put'ale thia project with the Coastal Conmissioo. Ooaaiuioner laltx>tis irquired how the circulatioo ..arked out at thia parcel and stated he was concerned tha if it were divided at the 225 <X>ntour, could it · ely Ntve the in&iatrial on the top and the l.'Nidan ial on the bottan. Mr. Agatep used the llllllp6 to indi two cirwlation syst 1«>Uld be provided foe ac,oeu t.o the prq,erty, and th aidential area would i tNlf internally. ~ propoeed road pad w iaa ely • t.he 225 el vation. MINUTES April 13, 1983 Page 2 Since no one else wished to speak on this item, the public testinn,y was closed at 7: 13 p.m. 'ltle Planning cannission approved the Negative Declaration issued by the Land Use Planning Manager and ajopted the following Resolutions: RESOWTICN 00. 2110, REXXMEIDl"K; APPRJVAL OF AN ~ 'ro 'fflE LAND USE Eia!ENI' OF THE GENERAL PI.AN FRO! LOH4EI>Ill1 DENSI'IY 'ro PU\NNED INOOSTRIAL CN PR:>PERTY GENERALLY LOCATED CN 'fflE WEST SIDE OF EL CAMIOO REAL OORm OF 'fflE KOLL RE.5F.ARCH CENI'ER. RESOWTICN 00. 2109, HE<XMIENI)JN; APPRJVAL OF P.. ZCNE a-tm;E FRO! COON'lY OF SAN DIOOO E-1-A 'ro R-1-10,000 AND FRO! COON'lY OF SAN DIOOO E-1-A 'ID P-M CN PIOPERTY GmERALLY LOCATED CN 'fflE SOOTH SIDE OF EL CAMIID REAL APPR'.lXIMI\TELY 7,500 FEET OORrn OF 'fflE INTERSECTICN OF PALOIAR AIRPORI' Rlr\D AND FL CAMIOO REAL. 2. Q>A-67(B)/ZC-271 -PARIWER'S EX)UI'IY -Request for approval to amend the Land Use Element of the General Plan to redesicmate property fran residential low-- medium(~) to residential medium-high (!Ml) and a zone change fran R-1-7,500 to R-3 on property generally located on the northwest rorner of Chinquapin Avenue and Interstate 5. Catherine Nicholas, Assistant Planner, gave the presentation on this item, using a transparency to show the location map, as rontained in the staff report. Staff felt the higher density would be detrimental and the single fanily density should be preserved. Staff indicated that any single-family developnent rould be pulled ENay fran I-5 with adjacent roadways, and this would help mitigate the noise factor. 'ltle existing land use is axipatible and a justifiable oause nust be shown to change the land use, and staff felt this had not been done. 'ltlree letters were received on this item, one fran Mr. Pat O'Day, O'Day Consultants: one fran Mr. Fulcher of Jefferson Street, and one fran Mr. Gordon Prentice. Olairman Schlehuber asked staff to romnent on Mr. O'Day's letter, and Catherine Nicholas oorrmented as follows: Staff felt the IIOSt logical General Plan Land use boundaries in this instance would be the streets, because the IIOSt directly related land uses are the adjoining single fanily dwellings. Mr. O'Day indioated the developnent would iJrprove the rwighborllood, lxlt l!lffJ developnent of the property would be an i.ffprove111ent and would enhance the neighborhood. Single faily dwellings with a driveway adjacent to I-5 l«IUld be lll)St IR)ropriate and equally as enhancing. 'ftle pattern of developnent along I-5 was given as a reM0I\ to increase density oo this property, and although there is higher density industrial and re idential, staff felt this ptq>erty should not be ~ &le to the ooi e inpact, Schlehuber X IO!tx:>tis X X Marcus X Farrow X Rawlins X Friestedt. X MINUTES P~~ CXHUSSIOO April 13, 1983 Page 3 Mr. O'Day stated he felt a higher density would be rrore marketable, but staff felt a planned develO{Xllent would be very marketable and would reduce the i"T'acts. Staff felt there would be less area to deal with the low density and perhaps sane of the inl:>acts could be reduced. Olairman Schlehuber opened the public hearing at 7:24 p.m. and issued the invitation to speak. Mr. Pat O'Day, 350 North Clementine Street, Oceanside, addressed the Comnission, expressing awreciation for being able to present their arguments for this change in a letter. Mr. O'Day stated this change ")Old be oonsistent with the General Plan and cited the allowing of different logi cal boundaries, including property lines. 'Ilie second point w-"S would this adversely inl:>act the neighlx>rhood. Mr. O'Day stated the freeway had already inl:>acted the neighlx>rhood. 'Ilie noise, dirt and heavy traffic are all inpacts associated with areas near freeways. A higher density would allow the developer to use building configuration and landscaping to allow rrore of a buffer. 'Ilie awlicant also felt the higher density 1oOUld be consistent with the plan of the land use up and oown the I-5 corridor. Mr. O'Day referred to the transparency showing develO{Xllents adjacent to the freeway and stated a density increase was appropriate, particularly with a recent approval of a high density project alon9 I-5 by the City. Eoonanically, single family dwellings would oot be feasible in this area. 'Ilie proposed project loOUld be an infilling type, and Carlsbad is in need of rrore apartments. 'Ilie vacancy factor is out of sight and at the present time, apartment buildings are becoming marketable. 'Ilie applicant felt this use was very apprcpriate for this site. Olairman Schlehuber asked if Mr. O'Day would have any problerm with the 65 decibels and he stated he had accepted that. Olainnan Schlehuber asked if the noise rises and Mr. O'Day answered when ooise goes out, it is in a straight line and when it hits an object it shoots straight up. He added that a building could be built to such a configuration as to force the ooise straight up and buffer the noise and dirt away from the single fanily areas already there. In answer to a question from Olairman Schlehuber about windows, Mr. O'Day said that there would not necessarily be windJws next to the freeway. Cllaianan Schlehuber s aid that on single family dwellings, there ex>uld be screening walls or just a fei'\oe, and Mr. O' Day said that the rrore wall you have, the imre noise you cut off, and up to five feet is about the same price. However, with a two-story building there would be rrore buffer provided. ~ :I! 0~ ~ .. '@. ~ COMMISSIONERS ~ ~~ ~ MINUTES ~ ~ April 13, 1983 Page 4 ~ ~~ ~ COMMISSIONERS ~ ~" ~\ Ms. Charlene Chantlerlin, Laguna Beach, one of the general partners of Partn.?rs Equity, addressed the Comnission stating that she and her partner felt this area was not suited for single family dwellings and that a higher density i.ould create a buffer from the freeway. Since no one else wished to speak on this item, the public testimony was closed at 7:32 p.m. Comnissioner Rccrtx:>tis asked the width of the pr~~rty from the freeway to the westerly property line, and staff answered awroximately 145 feet. Mike Holz:miller, Land Use Planning Manager, stated the difference would be under R-1 zone seven units and a PUD under R-3 it would be fifteen to thirty units. Comnissioner Friestedt stated he aqreed with staff's initial analysis, but die not teel this site was ~ropriate for single family hares abutting the freeway. He added that staff atteJ1l)ted to correctly address the land use, but when this was originally designated single family use, the freeway had not been expanded as it is today, and he f~lt it was not appropriate for single family hares at the present time. Chairman Schlehuber said the noise factor precludes havinq anything desirable and he supported staff's recomnendation. He felt each single family dwelling could screen the noise with private walls. Comnissioner Rain.>tis mentioned an apartment conplex in Irvinoe where it abuts the freeway and windows have been eliminated on that side and walled and landscaped and quite ~ttractive. He felt the noise could be mitigated wlth either single family or nulti-family construction, but saw a conflict in the uses in backing up to an R-1 neighborhood. Comnissioner Rccrtx:>tis asked staff if they had considered RM ( 4 to 10 ) . Staff answered they had considered the rredium range, but felt the nost oonpatible use would be the same as the existing single family neiqhborhood, as the lower density 1oOUld be the nost flexible in desiqn. Staff also comnented with a driveway along I-5, and landscaping, maybe a wall and a roadway as a buffer. Attached dwellings could be allowed, if the applicant so desired. Comnissiooer Farrow expressed concern about the land use, marketability and potential developnent-whether it is this proposed use or remained R-1. He said he couldn't fathan R-1 beirv;i there, and would not mitigate the roise. A standing blank wall of apartments could mitigate the roise better and provide a better buffer than single fmnily hemes. It is a heavily inpacted area, but as far as not maintaining the character of the neighborhood, he didn't see any of the residents or owners addressing the Comnissioo. He expressed the thought that perhaps they were desirous of this project; but at least they had not expressed any ~itioo. MINUTES PI.ANNI~ CXMIISSirn April 13, 1983 Paqe 5 G:mnissioner Farrow stated he was not in favor of the R-1 abutting against the freeway; that it was not the proper use for that prq:,erty. He did express ooncern aoout the 15 to 30 uni t s, but again there aR)eared to be no inpact oo the neighoorhood. The biggest inpact on the neighoorha)d is I-5. Ccmnissiooer Rawlins stated that nuch had been said about the noise inpact, and it would be the same for ooth types of developnent. Chairman Schlehuber stated there would be less noise irrpact if they screened five to seven f~t-the higher you go, the rrore noise that comes up. Ccmnissioner Rawlins reiterated the fact that no hane OW"lE!rs or occupants had testified against this project. Comnissicner Rootiotis stated he thouqht the conflict was oo the high density and the neiqhoorhood and not the ooise. He felt the noise could be mitiqated. Comnissicner Friestedt added that he felt the noise oould be mitigated for either type of developnent, but the questioo at issue was th<> c;pecific land use, whether i t would be R-1 or higher density. Ccmnis~icner Rootx>tis stat ed he could not surPQrt the high des ignation, t•.at was why he asked aoout the ire<lium range of 4 to 10 ( R-M) and he thought that was a logical transit ioo. Chairman Schlehuber said the Ccmnission miqht go for scrnething lower cll1d asked Mr. O'Day if he wanted to address that. Mr. O'Day said the ·~ was not sufficient time to address that at the present time. Ccmnissicner Fries tedt comnented the awlicant would have to rreet all requirement~ and criteria for the prcperty and he was not certain which density nl.lllt>er would work oo that s ite. He stated that perhaps staff oould make a rea:mnendatioo. Chairman SchlehubP.r stated that low medium-7 to 15 units , or 4-10, depended upcXl the desiqn presented. He suggested that if the Ccmnission recomnended the R➔'., staff and aJ:4>l icant coul d work that out before the matter goes to Council. Bill Hofman SUC:'C!est ed that the Ril-1 with a Q overlay would be an appropriate zcne . The Planning Comnission redesir~nated tf-iis property to RM and adopted RrJ,I with Q overlay. Mike Holzmiller i;t-.ated the recoomendation would be for "'1, 4 to 10 dwelling units per acre, rathe r than 10 to 20 cs requested and RD-I zcne inplement RM designation with Q overlay, and the site developnent plan to be l!f:Proved by the Planning Comnission. Schlehuber X Rorrbotis X X Marcus X Farrow X Rawlins X Friestedt X MINUTES PI.Alt,IIN:; CXffHSSIOI .~ril 13, 1983 Page 6 'Itle Assistant City Attorney stated this action was oonsistent with noticing and if the Comnission directed, an art)ropriate resolution oould be drawn up and signed by the Chairman and the applicant could go forward without coming back to the Comnission. 'Itle Comnission did reCXllTlllend these two designations and <k>cuments do not have to come back for a serond aR)roval. Olairman Schlehuber added the applicant could notify the City Attorney as to his wishes. 3. GPA-67(E) -MARIE CALLENDERS -A request to amend the Land Use Element of the General Plan from Extensive Regiooal Retail (RRE) to Travel Service (TS). Olarles Grimn, Principal Planner, gave the staff presentatioo, using a transparency shawing the site, as rontained in the staff report. Comnissioner Rawlins asked staff if the !X)SSibility of a signal at Avenida Encinas and Palomar Airport Road had not been discussed recently and staff agreed it had, and he wanted to krc,w if this would expedite the installatioo of that signal. Staff answered ::Lat-tt probably would, and would be considered when the project came in. Comnissiooer Friestedt questioned the City Engineer regarding the widening of the bridge crossing over the freeway at the time Anderson Pea Soup was built. CalTrans said there was no funding available for that widening and it fell upon the City to plan for the wi,1ening of the bridge across I-5. City Engineer Roy Kackley stated the City had a rer.pa1se from CalTrans aoout a rronth ago agreeing that tt.e bridge should be widened. 'Itley stated it was not within their scope to fund that widening. A letter 11,as written to SANDAG yes'_erday requesting furdinq be set up for that bridge. Comnissiooer Friestedt inquired whether it would be proper to include this bridge widening as a part of this project and to ask the applicant. to share that oost. Olairman Schlehuber opened the poblic hearing at 7: 55 p.m. and issued the invitation to speak. Mr. John White, Coldwell Banker Caimercial Real Estate Services, 5130 Avenida Encinas, representing the land owner, Mr. William Dealy, addressed the Comniss ion. He stated they did not want to mislead the Ccmnissioo. 'Itlere are several contingencies before they have a signed deal with fl\arie Callenders-it is not comnitted at this point. However, H shulld be conpl eted within the next few weeks, and they felt Marie Callenders should be aCO'.llmooated by requesting this change ilt this time. 'Itle need for a traffic s ignal c.YlUld be addressed at a later date. MINUTES April 13, 1983 Page 7 Comnis sioner Rawl i ns asked about the traff ic study and Mr. White answered his questions and stated Stoney's Tire Service has a lease for approximately two irore years. Comnissioner Rawlins asked if that area would be parking and Mr. Whi te stated he didn't kro.i, as that land is owned by another person. Mr. White stated there 1oOUld be on-site parking and the traffic should not be a problem. '.!he access will be from Avenida Encinas . Comniss ioner Farrow asked the applicant if the aqreement with Marie Callenders did not go through, did he still desire to change the Land Use Element to travel service. '.!he applicant stated he wished to change to travel service regardl ess of the use . '.!here is another restaurant wit h a bade-up proposal for this same area in case the Marie Callenders restaurant arrangement fell throuqh. Since no one e lse wished to speak on this item, the public testiJoony was closed at 7:58 p.m. '.!he Planning Ccmniss ion approved the Negative Declaration issued by the Land Use Planning Manager and adopted the following Resolution: RE&JI..UI'I~ 00. 2105, RECXMi!ENDIM; APPFOVJ\L OF AN ~ 'ro 'mE LAND USE EI.DIFNI' OF 'rnE GENERAL PU\N !'101 EX'IffiSIVE Rfx:;IOW, RETAIL ( RRE) TO TRAVEL SERVICE (TS) ~ PIOPERTY GFNEAALLY LOCATED AT 'rnE OORTHWFST m~ OF INTERSTATE 5 AND P~ AIRPORT IOAD. 4. EIR 82-3/GPA-67(0 )/ZC-275 -\oOJLLEY PROPERTIES - Request to amend the Land Use Element of the General Plan to designate property for residential low density (RL) and low-medium (RLM ) density; open space and neighborhood conmerci al uses ; approval of preannexational zoning of R-1-15,000, R-1-10,000, C-2 (general conmercial) and 0-S (open space) and certification of EIR 82-3. Mr. Charles Grimn, Principal Planner, gave the presentation for this i tem, Js ing transparencie!" 0f ►h.,. exhibits attached to the staff r epor t, and presented the staff report as oontained in I he packet. One transparency showed the applicant 's request and staff's re<Xlllllll!ndat ion with regard to t he proposed density . Kim Howlett of RE~ answered Ccmnissioner Friestedt 's gu tion regarding the open space that it was the same in th County plan as the applicant's . He stated this was in a 100-year flood plain. Comnissioner Friestedt ked about the prq:>osed 680 highway r ight-of -way and staff indicated the prq:>osed rout e on the transparency. Mr . Howlett indicated he knew of no chanqes in that propooed route at this time. Conrnissioner Friestedt asked the date of l ast update on the County plan and staff indicated it was 1981. Cll&irman Schlehuber inquired about the seriousness of the flood plain and Mr. Howlett answered it was a mis r, because there is not enough water to actual 1 y it a flood plain. It is a low-lying area with drainage through there, but not a flooo pl ain. Schlehuber X Ioltx>tis X Marcus X Farrow X Rawlins X Friestedt X X MINUTES \ ~I~ CXH USSIOI April 13, 1983 Page 8 ~ ~ 0~~~1a COMMISSIONERS ~ ~~ ~\ The Menners discussed the recent change of sane property about a mile up the road from travel service to qeneral corrmer cial. O,airman Schlehuber opened the public hearing at 8:21 p.m. and issued the invitation to speak. Mr. Roger ~lley, Box R, Rancho Santa Fe, addressed the Coomission representing the a.mers of the property. He stated that nost of them were here tonight; the Shelley family halesteaded this area over 110 years ago and the other CMners are all aware of the problems of the area. This pruject has been alm:>st three years getting to the Ccmniss ion. Mr. ~lley stated th is project is five to ten years away as far as actual developnent. Mr. ~lley st ated they felt the flood plain should remain open space, but they were unaware there \oQ\Jld be a density reduction if it were proposed as oper. space. They asked the Ccmnission to renove the open space designation, at this time, from the balance of the property and also requested NC-2 on the strip of land that has been corrmercial for over twenty years. This is a logical spot for a neighl:x>rhood conmercial facility. 1'.lso, the request for the Shelley property as ?-25 was restated by Mr. ~l ley. Coomissioner ROfl'OOtis s tated that the upper Shelley property was the property staff proposed to delete as being premat ure for annexation, and staff affirmed that was their request. Coomissioner Friestedt s tated he felt the open space designation ooul d be renoved as it is was covered under the San Dieguit o Comrunit y Plan and isn't i n the 100- year flood plain. He s tated he didn't think it was necessary at this t ime. Mr. Daniel Sh,:!lley, the a.mer of areD B, addressed the ccmnission, stating he felt the 80 acres shoold be included and would prefer to include it rather than argue the heavier density. Mr. Shelley also stated the access problem was the main reason for annexation. They felt the problem could be worked out as far as the access, cnce the land was annexed t o the City of carlsbad. Mr. Shelley stated that as far as the ridge line was CXll'loerned, the same lil'lf' goes along t.he southern boundry of the lower pcrticn of property, and divides the watershed. The water flow is t oward Carlsbad and not San Dieguito and they want to annex to Carl sbad. He saidd he thinks that LAFCO agreed with the request to annex to carlsbad. Dr. Maurioe Rioe, 7 Deer.iood Lane, Newport Beach, 92660, 0,ressed th Cannissicn, stating he had not understood th re would be any distinction between his property and the Shelley property as far as dens i ty. The Shelley property was R-1-10 and his property was R-1-10, and now staff w rt:OJ1111eooing R-1-15 foc his property and the property to the east R-1-25. Dr. Rice s t ated he oould r l MINUTES PIANNIN:; CXM4ISSI~ April D , 1983 Pa(Je 9 COMMISSIONERS not understand the rea:mnendation for the change for a nuiooer of reas<ns. Mr. Shelley's property has the same tq:x)graphy and there is a creek running across. '!he biological reserve area touches both pieces-and they should be one and the satre as far as density. Mr. Grimn answered Dr. Rice, stating the concept of transitioo to lower density on County property eastward, which is one unit to two acres, al so the topography is different, with one being far 1TOre rugged. Dr. Rice objected to this distinction between the properties and stated he was not prepared to pres ent his arguments in this matter tonight, as he was unaware of any proposed change. Mr. Grimn stated the staff designation for Dr. Rice's property was t11e Satre density as within the County . He did request R-1-10 staff recomnended R-1-15. Dr . Rice stated he had a tentative map on file wi th the County, but had written to the City Council saying he would drop that request if the City of Carlsbad granted this request. Dr. Rice requested a continuance to allow h im time to prepare his arguments against this proposed change in density. Dr. Rice stated in answer to a question from Chairman Schlehuber that there were two biological areas and RECOIi did the work on it. Mr. Howlett of RECOI stated the areas sutxnitted to the County were similar to what staff proposed on the open space. Chairman Schlehuber asked Dr. Rice if he wanted a oont inuance against the recomnendat ion on R-1-10 down to R-1-15 and the Dr. answered that toniqht was the first he knew of this proposed change by staff. '!he Comnission reo:>gnized Mr. Bob Ladwig, 3088 Pio Piro, who addressed the Comnission, statinq there were soil problems on Dr. Rice's site, and his plan t o the County had to be amended. He had been advised of the recomnendation by staff for a change in density and he thought Dr. Rice knew this. He stated he rould see saie rationale foe the request, with the soil probl em, open space around the creek area and the biological areas set aside, all of which reduced the develop<'lble area. Since no one else wished to speak on this item, the public t stinaly was cx:included at 8:46 p.m. ssioner Farrow stated he was very familiar with this area and wondered why RI.-. was designated for the feed barn rather than comnercial. He a l so comnented atx>ut th residential triangle that would be created. 'ttle inclusion of Section B seered to be logical, s ince th applicant desired to be annext:<J into the City of Carlsbed, and the access rould be mitigated at the time of devel t. He agreed with the ridge line alignment and liked th RI.-. and transition to RL. As far as the flood plain, th rains this year were heavy enough to ahow any such plain, and that area was not affected. '1'le probl of the open space cx,uld be oonsidered at the t of velopnent. (q) MINUTES Apr:il 13, 1983 Page 10 Mike Holzmiller, Land use Planning Manager, explained that when Vista Santa Fee was approved saneone irrpl ied they had traded off sane of the open space, but that was not done. '!he open space ronnected with the proposed qJen space on this property. Coomissioner RootJotis added that the only place there was anything traded was at the tq:i 0f the property and the entir• open space was not traded off. He added he could not suJJPC)rt the conmercial designation and felt the Shelley annexation was premature. '!hey can always come back in the future, and he felt developnent was at least ten to fifteen years away. On the ur,per Shelley property staff wanted to delete, Conrnissioner Rarbotis said he 1oOUld go with the R-1-40 and supported the continued open space. '!he RlM 's have to be addressed at the time of site developnent, as the lot size is not as critical as the density. Comnissioner Rawlins felt there were too many things up in the air at this time and reOO!Tllended this be oontinued until sane of the questions are resolved. Conrnissioner Friestedt agreed it should be rontinued and the Ccmnission oould give guidance to the applicant and staff. He stated he had no difficulty in annexing Parcel B, but felt it was premature to decide density, and to give conmercial at this time. CCl'llllissioner Friestedt asked about the location of the open space wit h regard to the biological preserves and Mr. Howlett answered they were alnost ro-incidental. Comnissioner Marcus agreed with Conrnissioner Rorrootis and felt the 80 acres should be included and no conmercial at th is time and the oont inuat ion of the open space as staff reconrnended. She stated she had no preference on the R-1-10 and R 1-15 problem. CCl'llllissioner Rawlins stated he 1oOUld 1 ike to see definite plans on Highway 680 through this area. He 1oOUld like to see the intersection and if it would perhaps eliminate C-E out there. Mr. Grirrm said one reason for staff's position on the land use is that there are no plans at the present time. Any developnent is ten years away, and based on existing conditions, the reronmendations were made toward the low end to protect the City. Ccmnissioner Ronbotis aske<'I Mr. Ladwig about the land density as far as the County is concerned in CXJf!Parison with the proposed density on Dr. Rice's prq,erty, and it was determined that it 1oOUld be CXJflParable to the R-1-15 designation. However, because of the many physical features of the land, it was felt the R-1-10 designation from the City would be JTOre logical. MINUTES April 13, 1983 'I'tle Planning Comnission adopted the following Resolution: Page 11 RESOI1JI'IOO 00, 2106, REcrMIEND~ CERI'IFICATIOO OF ENVIR:DIENI'AL IMPACT REPORT (EIR 82-3) FUR A PJOJK'T INCWD~ ANNEXATIOO, GENERAL PU\N AMEN™FNTS AND PRF.ANNEXATICflAL zetn~ Ol PRJPERTY GENERALLY LOCATED IN '1W) SEPARATE AREAS CXNI'IGOCUS 'ID CARISBAD'S OCIJ'IHERN AND~ ~IES. The Planning Comnission adopted the following Resolution as amended: RESOI1JI'IOl 00. 2107, RECXM-tEND~ APPOOVAL OF AN ~ 'ID mE LAND USE ELEl-lEN'I' OF THE GENERAL PU\N TO DESIGNATE PIOPF.RI'Y FUR RESIDENTIAL I& DENSITY (RL), RESIDENTIAL I..01--MEDitJil DENSITY (RU!), OPEN SPACE (00) AND NEIGHOORfnl) (Dfl!ERCIAL (N) USES 00 PRJPERI'Y GmERALLY LOCATED 9:XJTH OF OLIVENHAIN RJAIJ, EAST AND WEST OF RANQO SANTA FE ROAD. AMENDED 'ID INCWDE 'rnE SHELLEY PRJPERTY (AREA Bl AND DESIGNATIOO RL ( 0-1 • 5) , as recnmnended by staff. Comnissioner Priestedt reminded the Comnission that Dr. Rice had asked for a continuance. 'I'tle Assistant City Attorney stated the Comnission oould make a decision or decide to oontinue. Comnissioner Rootx:>tis stated Dr. Rice oould get a PUD and have what he wanted as far as density with the R-1- 15. 'I'tle Planning Ccmnission adopted the following Resolution as amended: RESOI1JI'IOO !IO. 2 108, RE(D,f,ffNI)~ APPOOVAL OF A PREANNEXATICflAL ZOOE aw,.(;E 'ID DESIGNATE PIOPERTY R-1- 10,000, R-1-15,000, R-1-25,000 AND 0-S 00 PRJPERI'Y GENERALLY LOCATED Ol mE ro.m-1 SIDE OF OI,IVENHAIN IOAD EAST AND WEST OF RANQO SANTA FE ROAD. REX:ESS: Olairman Schlehuber called a recess at 9:08 p.m. and the Comnission recoovened at 9:~0 p.m. with all comnission Me!rbers present except Comnissioner Jose. 5. ZCA-156 -CITY OF CARISBAD -Aloondment to the Zoning Ordinance revising guidelines and setting oondition1:1 for the cx:>nduct of Hane Occupations in residential zcnes. Mr. Charles Grinl'll gave the presentation on this item as oontai11ed in the staff report. Chairman Schlehuber opened the public hearing at 9: 22 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public testill'Ol1y pcx-tion was closed. 1&~ ~~ 1, COMMISSIONERS ~ ~" ~\ Schlehuber X Rarbotis X X Marc.,,is X Farrow X Rawlins X Fr:iestedt X Schlehuber X Rarbotis X X Marc.,,is X Farrow X Rawlins X Friestedt X Schlehuber X Rarbotis X X MaraJS X Farrow X Rawlins X Friestedt X @ MINUTES PLANNit-1:; CtMUSSIOO April 13, 1983 'Ille Planning ccmnission approved the Negative Delcaration issued by the Land Use Planning Manager and adopted the following Resolution: RESOU11'100 00. 2062, RECXMIENI)IJI(; APPRJVAL OF A ZCNE (D)E ~, AMENDIJI(; TITLE 21, CHAP'reR 20. 10, SECTIOO 21. 10.010, OF 'IRE CARLSBAD MUNICIPAL (X)[)E, BY 'IRE REVISIOO OF SUBSECTIOO 21 • 10.010 ( 7) 'IO SET <nIDITIOOS FOR 'IRE <XHXJCT OF 1-0i!E OCCUPATIOOS IN RESIDfNTIAL ZCNES. 6. 7.CA-158 -SEXXtID UNIT ORDINAtr.E. Charles Grimn gave the presentation on this item as oontained in the staff report. He used a transparency and referred to the exhibit in the packet sho,.,ing a flex>r plan including an added unit. Chairman Schlehuber opened the public hearing at 9:27 p.m. and issued the invitation t ,1 speak. Mr. Jim Swab, 2924 Highland Drive, addressed the Comnission, stating that the ordinance seemed to be directing new oonstruction rather than oonversion of older units . He passed pictures around the Conrnission shcr,.,ing garage oonversions where there were double garages with space above. 'Ille ordinance was leaning toward building duplexes as far as he could tell and was tex> restrictive for oonverting existinq hares into a "granny" flat situation. He felt there were long, narrow lots that may be ideal for detached uni ts, but would not qualify urxler this ordinance. 'lllerefore, he felt this ordinance was not flexible enough to be of benefit to the citizens of the City. A gentleman fran :·he audience stated he had not seen a notice for this item and was not aware of it. Chairman Schlehuber explained the item was "lOticed and had been oontinued fran the March 23 meeting. 'lllere had been a mmi>er of newspaper articles oonceming this matter and the fact that the State law goes into effect July 1. 'lllis ordinance would be the City proposal for a se<XXld unit and would supersede the State law. Mr. I. J. Barney, 3405 Highland Drive, addressed the cannission, stating he has a guest oottage on his property and it has 574 square feet and he was curious whether this would now be illegal. 'Ille Assistant City Attorney asked Mr. Barney if the unit had a kitchen and he answered it did not. As long as a unit does not have a kitchen, it is not affected by this ordinance. Since no one else wished to speak on this item, the public testinony was closed at 9:34 p.m. Comnissioner Harcus asked staff if the 10,000 square feet limit was in the State law and they answered it was in the City ordinance only. Schlehuber X lartlotis X Marcus X Farrow X Rawlins X X Friestedt X MINUTES April 13, 1983 Comnissioner Farrow oorrrnented there would be restrictioos in SB 1534. Page 13 'Itle Assistant City Attorney stated there were no restricticns as to size, but there were numerous restrictioos in the State law. Chairman Schlehuber stated that he didn't want R-1 neighborhoods turned i nto nulti-family neighoorhoods. He added he did have a problem with the wording relative to the owner or lessee, but felt the ordinance could do a better job with the property owner there. Comnissioner Marcus added that any request from an out- of-town owner to add a unit would be looked at closely 0)1 the Comnission and would probably be denied. Comnissioner Raltx>tis and the Assistant City Attorney both stated if the ordinance did not include that provisioo, the Comnission would not have the authority to deny a request. If that provision is in the ordinance, then the restriction could be applied. Comnissioner Farrow gave a hypothetical case of a unit existing now and having a kitchen and not meeting the requirements of the ordinance. W'.x.lld this mean it couldn't be rented or would it have to be torn down. 'Itle Assistant City Attorney answered that if it were illegal now, and wa.s illegal before the ordinance passed, that would rrean it did not meet the zoning ordinance that went into effect about 30 years ago. If it did conform to the zooing ordinance, it would be possible to get a conditional use permit. 'Itle Assistant City Attorney stated it would be possible to eliminate the kitL'hen to COl'll11Y or if it were illegal, it might have to be torn down. 'Itle Menilers and the Assistant City Attorney discussed the fact that if the City did not pass its own ocdinance before the July deadline, the provisions of the State law would apply and the City would be abiding 0)1 that law rather than ooe of its own adapted to its own circumstances. 'l1le Assistant City Attorney again stated if Condition 11 were oot a part of the ordinance, it would be inproper for the Comniss ion to deny a permit on the baSis of the owner not living on the property in question. cannissioner Farrow agreed if that would be a valid rea8Cfl for denying an awlioation, then it should be included in the ordinance. cannissialer Rontiotis stated that when the owner i s not m the premises, it is easy to tell, as the care is usually oot there. He said he would not support the reaolutim without that stipulation. O::Jmnissiooer Rawlins asked about the second item and asked how staff arrived at the square footage. Staff stated the 7,500 square feet represented the standard MINUTES April 13, 1983 Paqe 14 minil1llm lot in Carlsbad. The r~ason staff went to 10,000 square feet was the General Plan density would not be exceeded by putting up a detached unit. CCmnissioner Rawlins stated that sare 7,500 square feet lots have rrore building space than those with 10,000, and asked if this was a firm figure. The Assistant City Attorney said it was firm; that you llUSt have limits in an ordinance, and a variance ex>uld be asked for if needed. Comnissioner Rawlins asked al:x>ut the 300 square feet addition and the 650 square feet and Mr. GriJtm answered staff felt it would be better to attach the unit on the smaller lot, so it would ~r to be a part of the original structure. On a larqer lot, the detached building would be less oonspiC\.IOUs. The definition of the unit with a kitchen was again discussed. The ordinance 1,1QUld not awly to a unit without a kitchen. However, a unit oontaining 650 9:{Uare feet would probably oontain a kitchen. A rrotion was made to approve the Negative Declaration issued by the Land Use Planning Manager and adopt Resolution 2100, including Condition NUJl'ber 1 under "A". The rrot ion failed to carry. A rrotion was made to approve the Negative Declaration issued by the Land Use Planninq Manaqer and adopt the following Resolution: RESOUJI'IO',l 00. 2100, RECXM-IEND.IN'.; APPIOVAL OF A ZCNE CXX)E AMENa-tENT, AMEND.IN'.; TITLE 21 , CHA?I'ER 21 . 42, SOCTIO',l 21.42.010, OF IBE CARL.5BAD MUNICIPAL CXX)E, BY 'l1iE AOOITIO',l OF SUBSECTIO',l 21 . 42.010 ( 10) 'IO ALIJ:M SEca.D RESIDmrIAL UNITS IN R-A, R-E, R-1, AND S.IN'.;LE FAMILY IFI'AOfEil ARFA5 OF P-C ZOIBS UPOl IBE GRANT.IN'.; OF CDIDITICNAL USE PERMIT. 1'le rrotion resulted in a tie vote. carmissialer Rawlins, upon query, stated he voted against both times due to Item 1 and the square footage. The statenent was made that staff ex>uld a~l this item to the City Council. 7. ZCA-164 -CITY OF CARLSBAD -Request to amend the sign ordinance to establish a time limit for rerroval of legally erected billboards in the City. Olarles GriJtm gave the report on this item as oontained in the staff report and asked that any questions be addressed to the Assistant City Attorney. Chairman Schlehuber opened the public hearing at 9:58 p.m. and issued the invitation to speak. Since no one wished to speak on this itt!m, the public teslirrony port ion was closed. Schlehuber X Rorrbotis X Marcus X Farrow X X Rawlins X Friestedt X Schlehuber X Rorrbotis X X Marcus X Farrow X Rawlins X Friestedt X MINUTES April 13, 1983 1! :t,_, 0~ ~\~ ~ Page 15 COMMISSIONERS q,_~\\ \\ The Assistant City Attorney stated there was a part of the ordinance that was overlooked. In addition to adding the billooard provision changes to many of the provisions of varioos zones, it makes signs a permitted use in all zones of the City subject to the sign ordinance and the reasoo for that is to conply with oonstitutiooal requirements to have signing on property as la,g as it is consistent with City regulations. There are a few zones, RT, RW, Rn'!, PM, RMPH and PC that are not subject to City parking requirements and request that you add as a part of th is ordinance the statement; "'Those zones are subject to Chapter 2144." Comnissioner Far~ questioned the use of the word "legally" and was informed by the Assistant City Attorney that it was correct. If the billooards were illegal, the City could have them taken down inmediately. The City ITllSt anortize the rost of the signs and give additional time for the owners to take them down. The billooards were legally erected and then made illegal by the original ordinance, but the additional time has been allowed for them to recoup the cost of the billooards. Chairman Schlehuber conmented on the addition to the ordinance by the Assistant City Attorney and felt it was inproper. 'ltle Assistant City Attorney suggested it be ignored at this time and presented properly at a later time. Comnissioner Friedtedt corrrnented he thought it appropriate to a>nsider the fact that an item had been missed in the ordinance and should be considered and the item continued. The Assistant City Attorney reconmended the ordinance be adopted as it is. The Planning Comnission awroved the Negative Declaration issued by the Land Use Planning Manager and ldopted the following Resolut.ion: RESOUJI'ICN 00. 2 101 , RECCHlmD IN:; APPIOITAL OF A ZCNE O::OE ~, AHflIDJN:; TITLE 21 , CHAP'reRS 21. 07, 21.08, 21.09, 21.10, 21.12, 21.14, 21.16, 21.18, 21.24, 21 .25, 21.26 , 21.28, 21.29, 21.30, 21.32, 21.34, 21.36, 21. 37, OF 'fflE r.ARI.SBAD r-1.JNICIPAL CXDE BY 'fflE ADDITICNS OF SECTICNS 21.07.020 (13), 21.08.010 (9), 21.09.020 (6), 21.10.010 (10), 21.12.010 (6), 21.14.010 (5), 21.16.010 (7), 21.18.020 (19), 21.24.010 (5), 21.25 .030 (23), 21.26.010 (28), 21.28.010 (8), 21.29.030 (4), 21.30.010 (27 ), 21.34.010 (6), 21.36.020 (12), 21.37.020 (5) RESPfX:TIVELY, AND, TITLE 21, CllAPff.:R 21.41 IS ~ BY fflE ~ OF SECTICN 21 • 4 1 • 010 AND 'fflE AIDITICN OF SECTICN 21. 4 1. 084 'ID ESTABLISH 'A TIME LIMIT FOR RfMJ\IAL OF LffiALLY ERECTED BILLOOMOO. 8. 1.CA-162 -CITY OF CARLSBAD -'An amendment to the zoning Ordinance to create the Non-Residential Planned oevelopnent Ordinance. Bill Hofman, Principal Planner, gave the presentation on this item as oontained in the staff report. Schlehuber X Ronbotis X Marcus X Farrow X X Rawlins X Friestedt X @) MINUTES April 13, 1983 Page 16 Chairman Schlehuber opened the public hearing at 10:07 p.m. and issued the invitation to speak. Since no one wished to speak on this item, the public testim::>ny p:>rtion was closed. The Planning Ccmnission awroved the Negative Declaration issued by the Land Use Planning Manager and ooopted the follc:,,.,ing Resolution: RESOU1I'ICN 00. 2102, RE<l:H1ENDIN:; APPJOVAL OF A ZCNE <lX>E AMmDMENr, AMENDIN:; TITLE 21 , BY 'lliE Af)[)ITICN OF CT!Af"IBN 21, 47 'I1J IBE CARLSAAD ~ICIPAL ODE. INF(H,IATICN I'l»l: 9. RD;J{JEST 'ID RESCIND SP-40. Bill Hofman gave the rep:>rt on this item as contained in the menorandum included in the packet. Chairman Schlehuber oonmented that perhaps specific plans should be given a specific deadline and be brought back after a certain length of time-if a specific plan is not developed within ten years, it should be reviewed. 'Itle Planning Comnission directed staff to prepare an amendment to SP-40 rescinding SP-40 and to notice all property owners affected by SP-40 that the Comnission intended to rescind SP-40. 'Itle Planning Ccmnission voted to have a ten year review period for all specific plans. Comnissioner Rawlins stated he wanted a speaker at his place before the next rreeting. Chairman Schlehuber requested staff to provide color maps and show the surrounding properties on proposed projects. He felt color crayons would be sufficient to show the prq:>erties and would like to see the adjoining properties so could see hCM all properties are affected. Bill Hofman stated staff is initiating this type of procedure and are working with Rick Engineering to have rrore detailed maps. Schlehuber X Jortx:>tis X Marcus X Farrow X X Rawlins X Friestedt X Schlehuber X Rarbotis X X Marcus X FarrCM X Rawlins X Friestedt X Schlehuber X Rarbotis X Marcus X Farrow X Rawlins X Friestedt X X @ MINUTES P~IK; CXMUSSIOl April 13, 1983 Page 17 'nle Planning Camrlssion voted to direct staff to provide oolor maps and show surrounding properties on propoeed projects. ADJ~: By propPX notioo, the meeting of April 13, 1983, was adjourned at 10:19 p.m. Respectfully suani t ted, MICliAEL J. fDLZMI Land Use Planning Manager Harriett Babbitt, Minutes Clerk MEETIN3S ARE ALOO TAPED AND KEPI' Ol FILE llm'IL APPRJVED. Schlehuber X Rarbotis X X Marcus X Farrow X Rawlins X Friestedt X @