HomeMy WebLinkAbout1984-02-08; Planning Commission; MinutesMeeting of:
Date of Meeting:
Time of Meeting:
Plaoe of Meeting:
CALL '10 CHER:
MINUTES
~IK; CDMISSIOI
February 8 , 1 984
7:00 p.m.
City Council Chanbers
'1'le Meeting was called to crder by Chairman Raltx>tis
at 7:01 p.m.
PLBOOE OF AI.Ul,IAICE ,.-as led by O nmissioner Smith.
ROLL CALL:
Present: Olaiz:man Raltx>tis, camrl.ssioners
Rawlins, Schlehuber, Smith, Marcus,
Farrow and Lyttletoo.
Absent: Ncne.
Olairnan Radx>tis announced the Planning Camdssioo
Prooedlre was being shown oo a transparency and asked
the audience to ~ a few minutes reading it.
Staff Ment>ers Present:
<l\arles Gr!Jlln, Principal Planner
Walter Brown, Developnent Engineer
Ex~ficio Ment>ers Present:
Mike Holzmiller, Land Use Planning Manager
Dan Hentschke, Assistant City Attorney
Dave Hauser, Acting City Engineer
NDf RBLIC BBARnG;:
1. CT 83-40/CP-269 -IA aE'm VI~ -A request fer a
&eYenteen tnit tentative tract 1111P and, condcminiln permit
on p:q,eity located oo the mrth side of Gi.l:ralter Street
bebMen Jerez court and Raleria Street in the RD-flt 210ne.
Charl• Gria, Principal Planner, gave the presentation
on this it• • a:intained in the staff report, using a
tranapareKy of. the locatioo map showing the project site
and a wll map ahowing the tentative nap. He stated
staff had a probl• with the locatioo of the trash
encloaure and the ll)pliamt l«IUld explain an alternative
type oL trash disposal to the Ccnaission.
O\ainan Rallh>t:is q>el'led the public hearing at 7:05 p.111.
8111! iaaued the invitation to speak.
Mr. Joe Bandy, 2956 Rooeevelt, tepreaenting the
applicant, addreued the c.a.iuioo am explained there
would be a trMh chute in the center of the <Xllll)lex with
a trMh <Dllp8Ct:0r' tnit. Mr. Bandy distributed copies of.
the apece to the ca.iaaionera and further explained
there '°1ld be a six~ 011p11City in the c:mpactor and
then the t.Js '°1ld be taken oot to ~ rurb once a week.
In 11-.r to cpery, Mr. sandy stated the o:mpact<r '°1ld
be 1oaat.d in ., area a,ay f.'rca llll'J residents and l«IUld
be c:mpletely -,closed.
ocaiu iawr Rawlins oautia.! Mr. Sandy about a chute
being a fiue IR1 llll'J fire atarted in the truh ~
.auld apud rapidly. He lUJC)Mt:ed that trash .... t.
..,rinklend aquately.
MINUTES
February 8 , 1 984 Paqe 2 r inoe oo me else wished to speak en this item, the
public testinaty was <Dncluded at 7:08 p.m.
hairman Raltx>tis suggested making this trash disposal
arrarqement subject to the ~al of the Fire
Marshal.
'lbe Planning CClll!lission ~ the Negative
Declaratial issued by the Land use Planning Manager am
adopted the following Resolution, with the trash
disposal system to be awroved by the Fire Marshal:
,,,,RESOLl71'ICfi N'.). 2247, APPRJl1]N; A ~ tNIT
'lDlJM'IVE 'mAC'l' Mt\P AND ~ PER'!IT Cfi PK)PERIY
GENERALLY I.OCATED Cfi 'DIE NJRmSIDE ~ GIBAAL'reR STREET
BE'IWEEN JEREZ CIXJRT AND I04ERIA STREET.
2. AV 83-4 -HtMPHREY -Appeal of a Land Use Planning
Manager denial of a variance request to reduce the rear
yard setbad( at 3295 westwood Drive.
Charles Gri.rrm, Principal Planner, gave the staff
presentatioo oo this item as <Dntained in the staff
report, llSing a transparency to show the project site.
Ch~irrnan Rarbotis q>el'led the public hearing at 7:14 p.m.
and issued the invitation to speak.
Mr. ltJ}' Blad(f<rd, 2942 Barding Street, representing the
applicant, addressed the camrl.ssion, stating his belief
that exceptiooal er extraordinary cirCU11Stances er
conditions did exist en this property. Also, he felt
the aeoond condition regarding a prq>erty right
pee., esessed by other prq,erty owners in the area cculd be
met. Mr. Bladtf<rd distributed cq:,ies of a nap showing
the pcoperties in the area and explained the shortness
of this particular lot and the limitations.
Dr. Michael Rl.llphrey, 3295 westwood, addressed the
Ccmnission as the applicant, stating the houses at the
rear of his lot are oonsiderably lower in elevation, and
arr, structure IICUl.d not infringe al the visual space.
Dr. lblplrey explained his rea&a'lS for requesting the
oonetructial • aitlined and answered ~tions fran the
Cmlliaaioo regarding the size and <Xll'lfiguratial of the
propoaed addition.
Since rx> me el8e wished to speak al this item, the
public teethaly was ooncluded at 7:25 p.m.
ca.t" uiooer Lyttleton expressed her approval of this
requested varimce, • she felt it IICUl.d not illpiJ¥
upon the neighbcn.
'lbere .a a di11CUSSial about the q>er1 space at the rear
...S of. lhia lot aid Coaissiooer Schlehuber asked
llhether thi■ cculd be u■ed to help the findings. 'lbe
Aaai■unt City Attomey stated this was not relevant to
the iaue. He further stated variances are not used to
-,ii the Ordinance, and if the Callliasioo felt this
project lhauld be allowed, then the Ordinance ahould be
WIiiied to allow for that. A di8(.'U8Sion ~ the
on-tai.cnen followed, with the oonaensus of q,inim
being that the blO findings required f'cx granting a
varuinoe oould not be aa.
ioltlotis X
Rawlins X
Sctllehuber X
Smith X
Marcus X
Farrow X X
Lyttleton X
G
MINUTES
1! ;;
February 8 , 1 984 Page 3
0~ ~~ ~
COMMISSIONERS ~ ~\\_ ~\
CallftiBSioner Farrow stated he felt this would be an
enhmk:ll!ffll!nt and favors the variance system and would be
in favor of this request.
COlllllissioner Schlehuber noved to seoo this item baclc to
staff to try to nake the necessary findings for the
variance. Cannissioner Farrow stated he would rather
deny the variance and let the applicant appeal to
Council.
Assistant City Attorney Dan Hentschke stated in this
instance when the same vicinity is rrentioned, that rredl'lS
the entire City of Carlsbad. Again, he stated there is
a difference between an exception to the crdinance and
a variance, and if a, exception is desired, then the
ordinance ehoold be mnended.
Caanissioner Rawlins cx:mnented that ooe house in that
area had violated the crdinance and he was ooncerned
that a precedent might be set by allowing this
variance.
'Ihe Planning Cannission adopted the following
Resolution:
RESOLOTI~ ti). 2245, DmYn«i AN APPF.AL CF AN
AIJIINISTRM'IVE VAR.INC: 'IO IEXO: 'fflE REAR YARD SETMCR ro 12-PEET AT 3295 WESMXX> mIVE.
'ffle COlllni.ssioo, by minute 110tion, reccmnended this
project be favorably ansidered <ile to the tq>ography
and oonstraints of the lot and the 20-foot cpen space
at the rear of the lot, al~h it was oot possible to
make the findings for a variance.
3. SP-25~~ -TIO PEPE'S -Amendment to an existing
specific an to allow the additioo of a 1,740 square
foot patio a, property generally located on the east
side of Pio Pia> Drive, between Elm Avenue and Qak
Aveooe.
Charlee Gril'IIII, Principal Planner, gave the presentation
on this item as oontained in the staff report, using a
tranaparency to shot, the project site. Mr. Grim
referred the ec-issia, to the Exhibits attached to the
packet and stated that staff re<Xll'lllended Exhibit Y.
Chaiman Rclllx>tis stated the Camtission needed to know
the legal owner of this property to determine whether
there -lff/ oonflict of interest. Marty Orenyak,
Dintctor of Building Md Planning, stated the owner is
Cf.ta Boyajian and Manny is the lessee.
Mr. Orenyak gave the history of the pcq,erty fran the
tia it -the Wllyside IM and ooncluded by showing a,
the tranaparency his plan for resolving the space and
parlting prob!-. It we determined that parking is
baaed m iwciprocal agccement between the adjoining
prq,erty (COlonial Mall).
Rarbotis
Rawlins
Schlehuber
Smith
Marcus
Farrow
Lyttleton
lolbotis
Rawlins
Schlehuber
Smith
Marcus
Farrow
Lyttleton
(jJ
X
X
X
X
X
X X
X
X
X
X
X
X
X X
X
_ INUTES
PJ:Nlml,; a:MUSSI~ February 8, 1984 Page 4
Chairman Ralb:>tis q>ened the public hearing at 7: 58
p.m. and issued the invitdtion to speak.
Mr. Manny Reyes, Vista, the owner of Manny's Restaurant,
addressed the cannission stating he had not been aware
of the true circumstances at the time he t:odc possession
of this restaurant fran the previous owner and "'°1ld
like to resolve the eituatioo as soon as possible.
In answer to camrl.ssioo query, Mr. Reyes stated no
additiooa.1. parking was available as it was too far l!!Na'f
fran the restaurant. Re further stated the legal owner
was Mr. Wetsa\, who holds the paper en the prq:,erty,
but the nmne of Cita Boyajian was a, the deed. Mr.
Reyes stated hie partner is Sherman Harris.
Mr. Joe Holt, First Nat.ional Bank in North County,
addressed the c.amli.SPioo as Mr. Reyes' banker and
friend and asked for approval of as ruch area as the
Camdeeicn felt possible in order not to affect Manny's
business adversely.
Since no ooe else wished to speak en this item, the
public testinrny was ooncluded at 8:07 p.m.
Cannissiooer Rawlins noved that this item be sent bade
to staff to trirq bade to the Cannission as set rut,
with a 32 fCX>t by 38 fCX>t patio, acoording to Mr.
Orenyak, and delineating the n::in-usable areas. Chairman
Rcntx>tie seoonded the nntion.
During the discussioo ai this nntion, Mr. Orenyak
stated this could go forward to Council.
Coalllissiooer Rawlins withdrew his notioo and Chairman
Raltx>tis withdrew his second.
'l'he Planning Camdssion llllProved Negative Declaratioo
issued by the Land use Planninq Mar.ager aoo acq:,ted the
following Reeolutioo, as indicated oo Exhibit Y, with an
increased patio of 32 feet by 38 feet as suggested by
Mr. Orenyak:.
Rl9XD1'1<:6 !IJ. 2248, ~m3 APPRJllAL CF SP~IFIC PIM 25(8), PM M AlDITI<:6 CF A 600 ~ ro:71'
PATIO.
4. ICA-172 -CITY CF c.ARISIW> -Amentlnent to the
Zaung oallninoe to provide for review of ooastal
devel.qaerat pemit l!llPlications oonsistent with the
Village Area Redevelcpe,t Plan.
MiJte Holmniller, Lend Use Planning Manager, gave the
~tatioo m this item as oontained in the staff
report.
Chaiman Rcllb>tis cpened the public hearing t 8:21
P••• and 1asued the invitatioo to speak. Since oo cne
w~ to speak a, this item, the piblic testinaty
portioo 1188 ooncluded.
R:lltx>tis X
Rawlins X X
Schlehuber X
smith X
Marcus X
Farrow X
Lyttleton X
MINUTES
February 8, 1984
'ffle Planning CCl'llllissioo adopted the followinq
Reeolutioo:
Page 5
REBOim'IClf ?«). 2249, ~m:; APPRJllAL CF A ~ cm MEtDIENT, AMl!K)IN:; TITLE 21 , OIJ\PreR 21 • 80, CF 'lHE
CARlSBAD fUfICIPAL <IDE, 'IO PRJVIDE FOR REVIE.W CF
~ lE'VEia:tmff PEJlilIT APPLICATI(R; <XHHSTml' wrm
'ME CER'.l'IFIED ~ tEE PIAN FOR 'fflAT PORTICl'1 CF 'lHE
COt\STAL ~ WI'DIIN 'lHE VILLAGE~ ARF.A CF
'ME CITY <R CULSMD.
5. ZCA -158 -CI'lY CF CARISBAD Anendnent to the
Zonirq oi:dlnance to allow second residential units
(Granny Flats) in single-fl!ll\ily zcnes.
Charles Grum, Principal Planner, gave the presentatioo
on this item a.a oontained in the staff report, readirq
thro.igh the provisia,s, which were the same as the
first time the Ordinance went before the Planning
camdssioo, except for pt017isions Dam E. In answer
to CCl'llllissioo "1@ry, Mr. Grinm stated the law provided
foe 120 days following the first applicatioo for a City
to set~ its own r:egulations.
Chairman Raltlotis q>eied the public hearing at 8:35
p.m. and issued the invitatioo to speak. Since oo me
wished to speak a, this item, the public testim:lny
portia, was roncluded.
'Dlt!re was a lengthy discussion by the cannissioners
regarding pt'Olrisioo D, with sane cannissioners favoring
the provisioo and sane definitely against this
provision, feeling this would ruin the R-1 zooe. 'the
age limit was discussed with sane camdssioners
feelirq there should be oo age limit and others stating
there 11USt be an age limit to eliminate a aerond •renw unit•.
'ffle Plannirq cannissioo ~ the Negative
Declaratioo issued by the Land Use Planning Manager and
adopted the following Resolution, eliminating line bilo
of the Ordinance (~oo D in staff report):
~ ?«J. 2246, ~m:; APPRJI/AL <R A OCfiE
caz 1tllHJBfl', HIH>DC TI'lt.8 21, CJ!AP1'ER 21. 42 ,
SBCTlQf 21.42.010, <Y '11IE CARLSBAD fUfICIPAL <IDE, BY
'ftlB AIJ)ffl(lf <Y SCl&'Cl'IClf 21.42.010(10) 'IO AU.Dll
smH> IIIBill!Nl'IAl, rll!LLIK; ttn'1'S IN R-A, R-E, ~ 1 , AND
S~ ~ AMAS <Y P-< ZCfiFS UPCfi 'lHE
GRNft'III; <Y A <IH>ITI<aL CEE PfaUT.
Chairman Rallx>tis requested a letter dated February 2,
19M, fma Lillian Thcapaon and William 'ftlClll)800 be na:le
a part of the record.
Ocaaiuimer Schlehuber noved the RV parking ccdinance
be brclught tad( before the ca.dssioo in six ncnt.!1.s.
ccww:t uicner Rwlina aeoouded the lll>tioo.
After cliBCUUioo oo this 11Dtioo, with the Assistant City
Attomey atati.RJ this 11111& to 0:9! back before the City
Council in •ix KJntha and the cc-dssion should rot
pRllll)t: the Oouncil.
The IDticn met eeoond were withdrawn by ca.nisaioners
Sdlletdler met Rawlins.
~tis X
Rawlins X
Schlehuber X
Smith X
Marcus X
Farrow X X
Lyttleton X
Radxltis X
Rawlins X
Schlehuber X
Smith X
Marcus X
Farrow X X
Lyttleton X
cJ!r: ~---" 6x ~ t:, I
J/:JI~ /~~
l?-"4U-
~ S91 ,,f;.tc:J/~E ~£.
(? /f' ~ L J ,&,r ?>/ C/7. ~ Z " ~ f
MINUTES
February 8, 1984 Page 6
'ftle Planning CCJ!Bi.ssioo voted to request of Council whether the Callniseioo oould review the staff report a, the RV ordinance and make re<XllllllE!ndations at that time.
DISCtESICJl:
Pine Avenue Project
Olainmn Ralb:>tis stated there had been acme discussioo regarding this project, 'lllhidl was a, the Agenda at the Jamary 25, 1984, meeting. 'ffle request was made that Ccanisaimer Schlehuber again abstain fran the discussicn.
Following a discussioo the oonsensus of the Planning ec..d.uicn was that pedestrian circulatioo should be considered in that area and this information should be fc.:warded in the form of a letter.
The minutes of the January 25, 1984, meeting were approved as presented.
ADJaJINll!Nl':
By proper a:>ticn, the neeting of February 8, 1984, was adjourned at 9:02 p.m • . Respectfully ait:aitted, •
MIC:SlilL J. Land DIie Plannincf Mlna]er
Harriett Babbitt Min.11:.M Clem
ta'l'l.liG8 ARE AUi) 'IN>m> NE DPT CJl FILE Clft'IL 'l1fE MlR1l'BS ARE APPll:JYID.
Rantx>tis X Ra,,lins X SChlehu.ber X X Smith X Marcus X Farrow X Lyttletoo X
lad:>otis X Rawlins X XSdllehu.ber X Smith X Marcus X Farrow X Lyttleton X