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HomeMy WebLinkAbout1987-08-19; Planning Commission; Minutes, -. r /1 MINUTES Meeting of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: August 19, 1987 Place of Meeting: City Council Chambers COMMISSIONERS \: CALL TO ORDER: Chairman Marcus called the Meeting to order at 6:09 p.m. PLEDGE OF ALLEGIANCE was led by Commissioner Holmes. ROLL CALL: Present - Chairman Marcus, Commissioners Hall, Holmes, and Schlehuber Absent - Commissioners McBane, McFadden, and Schramm Staff Members Present: Charles Grimm, Assistant Planning Director Gary Wayne, Senior Planner Bobbie Hoder, Senior Management Analyst Ron Ball, Assistant City Attorney David Hauser, Assistant City Engineer Martin Orenyak, Community Development Director PLANNING COMMISSION PROCEDURES: Chairman Marcus reviewed the Planning Commission procedures shown on the overhead for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: There were no comments from the audience. Commissioner Holmes commented that Commissioner McFadden, who had chaired the meeting on August 5, 1987 in Chairman Marcus' absence, had conducted a very good meeting. Commissioner Schramm arrived at 6:ll p.m. CONTINUED PUBLIC HEARING: Charles Grimm, Assistant Planning Director, directed attention to a staff memo dated August 19, 1987 which adds new conditions to three of the projects on the agenda. 1) CUP 87-4 HAWKINS - Request for approval of a conditional use permit to allow a delicatessen at the southeast corner of El Camino Real and Faraday Avenue in the M-Q Zone. The project is located within Local Facilities Management Zone 5. Charles Grimm, Assistant Planning Director, reviewed the background of the request and stated that the Hawkins' delicatessen had been discussed in detail at the last meeting but had been continued at the request of the applicant. He cited the staff memo dated August 19, 1987 which added a new finding and three conditions to the CUP resolution. Staff recommends approval. Chairman Marcus stated that although she was not in attendance at the August 5 meeting, she had received the packet, had visited the site, and feels qualified to vote on this project. Chairman Marcus declared the public hearing open and issued the invitation to speak. MINUTES August 19, 1987 PLANNING COMMISSION Page 2 COMMISSIONERS Charles Grimm reported that the applicant was not in attendance but thought an indication had been made to staff that he was in agreement with the conditions, including those contained in the staff memo. There being no person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner Holmes stated that with the changes added by the staff memo, he has no problem with the project. Commissioner Schramm stated that although she, too, was not in attendance at the August 5 meeting, she had received the packet, had visited the site, and feels qualified to vote on this project. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and approve Resolution No. 2673 approving CUP 87-4, based on the findings and subject to the conditions contained therein, as amended by staff memo dated August 19, 1987. PUBLIC HEARINGS: 2) CUP 87-6 NEW SCHOOL OF ARCHITECTURE - Request for a conditional use permit for the New School of Architecture to locate and hold classes at the Ocean Pointe Tech Center at 5431 Avenida Encinas. The project is located within Local Facilities Management Zone 3. Gary Wayne, Senior Planner, reviewed the background of the request and stated that this request would permit the New School of Architecture to locate and hold classes at the Ocean Pointe Tech Center at 5431 Avenida Encinas in the PM Zone as depicted on the overhead. The school is currently located in Chula Vista but has signed an agreement to occupy the Batiquitos Educational Park and is committed to hold classes this fall. However, the park has not yet constructed any educational buildings and the applicant has requested to hold classes at the Ocean Pointe Tech Center until an educational building is constructed at the Batiquitos Lagoon Educational Park. The proposed facility is in an existing building, would consist of classrooms, a gallery, and administrative offices in 3,000 sq. ft. of Building C-2. Classes would be held Monday through Saturday from 8:00 a.m. to 10:00 p.m. There would be a maximum of 21 students enrolled in daytime classes and a maximum of 30 students enrolled in evening classes. Surrounding uses are generally consistent with office uses, research and development, and travel services. Reference was made to the approved CUP for Chapman College to locate in Building A of the Ocean Pointe Tech Center. Mr. Wayne stated that staff would not normally recommend a school to be located in an industrial area, however, staff can recommend approval in this case due to the good freeway access, the existing uses are compatible, the CUP for Chapman College prohibited hazardous material, the request is for temporary use only, the project meets all standards, including parking, and is small in scale to satisfy the Fire Department ruling for public assembly. Staff recommends approval. Hall Holmes Marcus Schlehuber Schramm MINUTES August 19, 1987 PLANNING COMMISSION Page 3 Commissioner Holmes inquired if there was a time limit on the CUP and Charles Grimm, Assistant Planning Director, referred to Condition #3 which grants the CUP for a three year period. Chairman Marcus inquired about the deletion of Condition H7 per the staff memo dated August 19, 1987 and Mr. Wayne replied that Condition 117 was being deleted because it was a duplication of Condition #lo. Ron Ball, Assistant City Attorney, stated that the City Council had revised the public facilities fee on July 28, 1987 and requested that Condition #8 be revised to reflect the revision date of July 28, 1987. Chairman Marcus declared the public hearing open and issued the invitation to speak. Richard Welch, 33 Prospect Court, Chula Vista, applicant, addressed the Commission and expressed his appreciation to the Planning staff for their participation on this package. All conditions are acceptable to the school. There being no other person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 2674 approving CUP 87-6, based on the findings and subject to the conditions contained therein, and also deleting Condition i/7, and amending the date in Condition #8 to reflect July 28, 1987. 3) SDP 86-3 RANCH0 LA COSTA PLAZA - Site Development Plan for a 46,800 square foot retail commercial center, including a service station and drive-thru restaurant, to be located at the southeast corner of Ranch0 Santa Fe Road and La Costa Avenue. The project is located within Local Facilities Management Zone 11. Charles Grimm, Assistant Planning Director, directed attention to the staff memo which contains three changes to the conditions for this project. He then reviewed the background of the request and stated that the requested site development plan is for a 46,800 sq. ft. retail project located on five acres at the intersection of Ranch0 Santa Fe Road on the southeast corner. It is part of the La Costa Master Plan and is zoned Planned Community. The project is located on a triangular lot and contains two separated retail buildings, a restaurant, and a service station. Three driveways would provide access to the center, one on Ranch0 Santa Fe, and two on La Costa Avenue. These driveways were approved as part of a parcel map (PM 12586) which was approved in 1983. Staff feels that the drive-thru and restaurant are appropriate since they are set back from the main traffic pattern. Also, a service station is badly needed in the area. A CUP would normally be required for these uses, however, the findings and conditions for a CUP were included in the SDP instead. The architecture is Spanish and there is a fence around the service station which is positive from a visual standpoint. The project has been conditioned to comply with mitigation necessitated by growth management in Zone 11. Staff recommends approval. Hall Holmes Marcus Schlehuber Schramm August 19, 1987 ?LANNING COMMISSION Page 4 Chairman Marcus declared the public hearing open and issued the invitation to speak. Jack Peek, 10251 Vista Sorrento, San Diego, representing the applicant, Commonwealth Companies, addressed the Commission and stated that he has reviewed and agrees with all conditions, including the most recent placed on the project. He is anxious to get started. He welcomed questions by Commissioners. Commissioner Hall inquired if Mr. Peek had any problem with new Condition #26 outlined in the staff memo dated August 19th and Mr. Peek replied that he had agreed to the condition. There being no other person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner Schlehuber expressed concern about the driveways and the fact that only one driveway meets current spacing requirements. David Hauser, Assistant City Engineer, replied that it would be preferable to have only one driveway on La Costa Avenue. Chairman Marcus stated that she, too, was concerned about the driveway situation. Commissioner Schlehuber inquired of the City Attorney if the driveway situation could be conditioned. Ron Ball, Assistant City Attorney, replied that since the tentative map was approved with the driveway, it cannot be changed. However, since buildings are now proposed in the project, access could be conditioned. Mr. Peek returned to the podium and stated that driveways were discussed from the beginning. Since there are two owners of the property, Commonwealth and Union Oil, it would cause a hardship if one driveway on La Costa were eliminated. Also, engineering studies show that without the second driveway, if would be difficult for trucks to maneuver due to their turning radius. Commissioner Hall inquired about the right turn in/right turn out driveway and Mr. Hauser replied that there might be an enforcement problem. Mr. Peek stated that since Commonwealth has been conditioned to build a median, he felt that the right turn restriction would be complied with. Commissioner Schlehuber stated that he could accept the project since the median is being provided. Commissioner Holmes stated that he would like to see more handicapped parking spaces, some employee parking in a remote area, and also some bicycle parking. He elaborated on the handicapped parking and stated that he would like to see a couple of handicapped spaces in front of each building. Mr. Peek felt they could comply with this request. Commissioner Schramm inquired if parking standards include appropriate handicapped parking. Mr. Grimm replied that the additional handicapped spaces referred to by Commissioner Holmes could be exchanged for the regular parking since the parking being provided is in excess of the requirements. Commissioner Hall stated that he feels there will be confusion with the two driveways. -. MINUTES August 19, 1987 PLANNING COMMISSION \ David Hauser, Assistant City Engineer, replied that they are adding an additional lane on La Costa Avenue to enable better egress. Exiting cars will enter a merge lane before entering direct traffic. Chairman Marcus requested that the minutes acknowledge receipt of the letter from Mr. 0. B. Adams of the La Costa Town Council dated August 17, 1987 stressing the importance of aesthetic development at the intersection of La Costa Avenue and Ranch0 Santa Fe Road. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 2675 approving SDP 86-3, based on the findings and subject to the conditions contained therein, in addition to amending the conditions as contained in the staff memo dated August 19, 1987 which applicant has accepted, adding additional parking conditions regarding employee parking, bicycle parking, and additional handicapped parking as proposed by Commissioner Holmes, and amending Condition H3 to reflect the revised date of July 28, 1987 regarding public facilities fees. 4) ZCA 87-l RMHP ZONE - CITY OF CARLSBAD - A Zone Code Amendment amending Title 21, Chapter 21.37 to clarify and regulate mobile home park conversions to condominiums. Gary Wayne, Senior Planner, reviewed the background of the request and stated that the Residential Mobile Home Park (RMHP) Zone (Section 21.37 of the Zoning Ordinance) presently permits mobile home park conversions and provides for the waiver of standards for existing mobile home parks. Staff feels that more specifics are needed in the ordinance and more protection for existing residents. Staff recommends that the RMHP be amended as follows: 1) to clarify requirements for the conversion of existing mobile home parks, 2) to protect tenants against immediate rent increases or economic displacement, 3) to require relocation plans for tenants/owners not wishing to purchase interest in the converted park, and 4) to permit the waiver of a tentative and final map for the condominium conversion of existing mobile home parks over 50 units on a single parcel. Chairman Marcus declared the public hearing open and issued the invitation to speak. Sue Lofton, 7970 Convoy Court, San Diego, an attorney representing the residents at the Solamar Mobile Home Park, addressed the Commission and expressed appreciation for the outstanding job which has been done by the Planning staff on this amendment. She welcomed questions by the Commissioners. There being no other person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Commissioner Holmes stated that he would like to see CC&R's and/or Bylaws approved by the Planning Director to require periodic, exterior upgrading of coaches. He feels that coaches deteriorate in about 15 years which brings down the value of the park. Chairman Marcus inquired if this would cause a problem for staff and Mr. Grimm replied that it is normal to review CC&R's for condominiums. He deferred comment to Mr. Ball. Hall Holmes Marcus Schlehuber Schramm X r-< /1 MINUTES August 19, 1987 PLANNING COMMISSION Page 6 COMMISSIONERS Ron Ball, Assistant City Attorney, stated that once CC&R's have been approved, there is no enforcement power. He suggests they not be changed without written approval so that they cannot be dissolved the next day by a vote of the residents. Commissioner Schlehuber feels that caution is in order because it could force people out, especially in a death situation. Sue Lofton, the attorney representing the residents of Solamar, stated that the CC&R's provide for maintenance of homes and the problem would be in defining the word "upgrade." Commissioner Holmes stated that this is normally handled through an architectural committee. Sue Lofton replied that most parks hire a management company and that having a third party seems to take care of the problem. Commissioner Hall inquired if maintenance included re-siding of coaches and Sue Lofton replied that maintenance by law means compliance with health and safety codes as well as aesthetic requirements such as painting and/or replacing rusted or discolored siding. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Resolution No. 2677 approving ZCA 87-1, based on the findings contained therein, and amended by the staff memo dated August 19, 1987 and, further, to include an added condition that CC&R's contain provisions for maintenance. DISCUSSION ITEMS: 5) ZONE 6 BOUNDARY ADJUSTMENT - Discussion item on request to amend the boundaries of Local Facilities Management Plan Zone 6. Charles Grimm, Assistant Planning Director, reviewed the background of this item and stated that Mr. Michael Ryan of the Mision Estancia Partnership, and owner of the Park View West property, has requested that the Planning Commission recommend to the City Council a boundary change for Zone 6. The change would include moving the area inside the recently-constructed Mision Estancia Street loop, which includes the property he owns, from Zone 11 to Zone 6. Mr. Ryan's property has an approved 36 unit single family project on hold until a Local Facilities Management Plan is approved for Zone 11. He has written a letter to the Planning Director dated July 22, 1987 stating his reasons for the request, i.e that 1) the circulation system is already complete for this area, 2) the area is basically developed except for his property and one other which already have their tentative maps, and 3) that the major utilities are all in place for the major streets. Staff feels that Mr. Ryan's points are well taken since they deal with infrastructure, however this loop was assigned to Zone 11 because it is a part of the La Costa Master Plan, which comprises the major portion of Zone 11. Staff is concerned that if this change is made that it would set a precedent for other changes that would, ultimately, slow down approval of the Local Facilities Management Plans now being processed for Zone 6, 11 and 12. Staff recommends denial. Hall Holmes Marcus Schlehuber Schramm MINUTES August 19, 1987 PLANNING COMMISSION Page 7 Commissioner Hall inquired how much this would delay approval of Zone 6 and Mr. Grimm stated that the change would require approximately 30-60 additional days. He then inquired when Zone 11 and Zone 6 would be presented to the Commission and Mr. Grimm replied that Zone 6 is scheduled for September 2 and Zone 11 is scheduled for November or December Commissioner Holmes inquired if mitigation fees for Zones 6 and 11 are the same and Mr. Grimm replied that there could be a difference, depending on impacts identified in the zone. Chairman Marcus stated that she had received a request from Michael Ryan to address the Commission and she allowed him five minutes to do so. Michael Ryan, 6994 El Camino Real, Suite 208-J, Carlsbad addressed the Commission and requested eight minutes for his presentation, which was approved. He stated that since zones were originally delineated, conditions in the area have changed and that he is not requesting a change for 500 acres but only 98 acres which is less than 5% of the total acreage. He stated that his property has been partially graded and all engineering has been completed. He referred to the August 4th approval by the City Council for a zone adjustment for Car Country wherein that property was annexed into an existing zone. He feels that action by the City Council sanctioned zone changes. Mr. Ryan referred to maps of Zones 6 and 11 on the west wall and discussed topography, level of existing development, master plan boundaries which are not consistent, and ownership of the loop area by 19 different property owners. Commissioner Holmes requested a response by staff on Mr. Ryan's points. Mr. Grimm replied that Mr. Ryan has good points however the bottom line is that Mr. Ryan is asking everyone else in Zone 6 to wait an additional two months. He cannot see an advantage to the request since there are already anticipated deficits in Zone 6. He does not feel that the City Council can be expected to amend boundaries every time someone requests it. Chairman Marcus feels that Mr. Ryan makes a persuasive case and that since the City Council made the decision on the other zone for Car Country, that they should make this decision. Commissioner Schlehuber inquired about the Roston property and Mr. Grimm replied that it was exempt. Martin Orenyak, Community Development Director, stated that the boundaries were established by City Council resolution. The reason that the Car Country amendment didn't come to the Commission is because it received staff approval. The Planning Department has denied Mr. Ryan's request, therefore it is at the Cormnission level, which is an appeal level. Chairman Marcus inquired about the time element and Mr. Grimm replied that 30-60 days would be required to incorporate the many changes which would be necessitated by a boundary change. Martin Orenyak stated that there are problems in Zone 6 regarding the freeway and until the deficiencies are cured, no development may occur in that quadrant which contains Zones 6, 11 and 12. MINUTES August 19, 1987 PLANNING COMMISSION Page 8 Commissioner Hall inquired how much difference there would be in fees between Zones 6 and 11. Mr. Grimm stated that he could not give a direct answer because it is possible that a special fee may be required for certain facilities and that will not be known until the final work has been completed on the Zone plans. Commissioner Schlehuber inquired about the length of time ‘Ir. Ryan had been working to modify the boundary alignment. Ir. Ryan replied that he had contacted the city when the lines were originally drawn but was informed that the loundary lines were firmly established and that the city rished to move ahead. He then noticed on a City Council rgenda that zone boundaries were being adjusted and was informed by staff that a boundary adjustment might be jossible so he has proceeded with the request for lodification. Mr. Ryan went on to state that his reasons for requesting the change were not for economic reasons since he loesn't know of any difference in fees, nor for facilities leficiencies or timing. He states that his interest is 'imply because he feels that his project belongs in an in-fill area rather than an urbanized area. :ommissioner Schramm inquired if the Commission leaves the loundaries as they are, could Mr. Ryan still appeal to the Xty Council. Chairman Marcus replied yes. Iotion was duly made, seconded, and carried to leave the )oundaries of Zone 6 as they currently exist. Ir. Orenyak advised Chairman Marcus that staff needed lirection on boundary changes and inquired whether the :ommission was desirous of seeing boundary realignment requests such as the one presented by Mr. Ryan come before :he Commission. Chairman Marcus replied that it would be 'referable for the Commission to be advised of such changes )y staff rather than reading them in the newspaper, such was :he case of the Car Country boundary change. NFORMATION ITEM: i) GRADING FOR CT 85-18 (PANNONIAl - Substantial Compliance. The project is located within Local Facilities Management Zone 1. Javid Hauser, Assistant City Engineer, reviewed the )ackground of the Pannonia grading request and stated that Ir. Mark Nordquist, the developer of Carlsbad Tract 85-18, Jnits 3 and 4, has requested approval of a grading plan which .s at variance with the approved tentative map. Developer's engineer has indicated that the site cannot be graded in :onformance with the tentative map without creating drainage 'roblems or requiring the export of more than 50,000 cubic rards of dirt. Engineering staff has reviewed the tentative lap and grading plan and concurs with developer's engineer. itaff recommends concurrence by the Commission. lotion was duly made, seconded, and carried to recommend 'pproval of the developer's request to raise the grading 'n Units 3 and 4 of the project. Hall Holmes Marcus Schlehuber Schramm Hall Holmes Marcus Schlehuber Schramm August 19, 1987 ,!- MINUTES PLANNING COMMISSION Page 9 MINUTES: The Planning Commission approved the minutes of August 5, 1987 as presented. ADJOURNMENT: By proper motion, the meeting of August 19, 1987 was adjourned at 7:40 p.m. Respectfully submitted, MICHAEL HOLZMILLFR Planning Director BETTY BUCKNER Minutes Clerk %WUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE APPROVED. Hall Holmes Marcus Schlehuber Schramm Hall Holmes Marcus Schlehuber Schramm