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HomeMy WebLinkAbout1989-01-16; Parks & Recreation Commission; 189-5; Calavera Hills Community Use RequestPARK & RECREATION COMMISSION - AGENDA BILL AR« 189-5 MTO 1-16-89 OEPT. P & R TITLE: flT.AVERA HTIiLS COMMUNITY USE REQUEST DEPT. HD. CITY ATTY CITY MGR. h-u zo 175 RECOMMENDED ACTION: Consider citizen request for extended play and use of the facilities at Calavera Hills Community Park. Direct staff accordingly. ITEM EXPLANATION; Kennith Chriss, on behalf of the Carlsbad Softball Association has requested extended hours of play and use of the facilities, including the softball field lights, at Calavera Hills Community Park until 10:30 p.m. (Exhibit 1). He is also requesting that the existing policy of no field light use on the weekends be eliminated. Currently the hours of use for facilities (including lights) at Calavera Hills Park is from 8:00 a.m. until 10:00 p.m. Monday through Friday. This request would require a Revision to the Conditional Use Permit as originally required for the development of Calavera Hills Community Park (Exhibit 2). Stipulations of the C.U.P. state that hours of use will be limited to between 8:00 a.m. and 10:00 p.m. Community concerns regarding the use of Calavera Park were last addressed to this Commission during the June 20, 1988, meeting (Exhibit 3) . Staff feels that the current hours of park operation is an appropriate compromise in attempting to address the concerns of both community residents and organized user groups. Both user group organizations and community Homeowner Associations have been notified of this request. EXHIBITS: 1. Letter Kennith Chriss - December 8, 1988. 2. Notice of Determination - C.U.P./staff report. 3. AB #688-7 / Minutes Park and Recreation Commission Meeting of June 20, 1988. 0024 Carlsbad Softball Association Carlsbad Bobby Sox Associtaion c/o Ken Chriss P.O. Box 240 Carlsbad, CA 92008 December 8, 1988 City of Carlsbad Parks & Recreation Commission 1200 Elm Avenue Carlsbad, CA 92008 Dear Commissioners, On behalf of the Carlsbad Softball Association, I request the conditional use permit for the use of the Calavara Hills Park be revised to allow for extended play and use of the facilities including the Softball field lights, upon prior approval, until 10:30 pm. We also request that the existing Parks & Recreation policy of 'no softball field light use on the weekends' be eliminated. I request these actions be considered at your January meeting. Sincerely, Kennith L. CnYi< Chairman, Carlsbad Softball Association President, Carlsbad Bobby Sox Association cc: David Bradstreet Director, Parks & Recreation EXHIBIT 1 0025 1200 ELM AVENUE CARLSBAD, CA 92008-1989 TELEPHONE (619) 434-2824 PARKS & RECREATION DEPARTMENT January 3, 1989 Kenneth L. Chriss President - Carlsbad Bobby Sox Association P.O. Box 210 Carlsbad, California 92008 Your request to address the Parks and Recreation Commission regarding extended play and use of facilities including the softball field lights at Calavera Hills Community Park has been scheduled for presentation at the January 16, 1989 Commission meeting. The meeting will begin at 5:00 p.m. in the City Council Chambers. Notification of this issue appearing before the Commission will also be sent to a variety of individuals and organized groups having concern with the use of Calavera Hills Community Park. If I can be of further assistance to you with regards to this matter please feel free to contact me at 434-2827. Sincerely,& K*&fttovwrty.' j SENIOR MANAGEMENT ANALYST CARLSBAD PARKS AND RECREATION KB:bs c: David Bradstreet, Parks and Recreation Director Frank Mannen, Assistant City Manager 0026 City of Carlsbad Parks & Recreation Department January 3, 1989 Jim Courtney President, C.A.R.A. 1861 South View Drive Carlsbad, CA 92008 Dear Mr. Courtney, A request to address the Parks and Recreation Commission regarding extended play and use of facilities including the Softball field lights at Calavera Hills Community Park has recently been submitted. The issue will be scheduled for Public Hearing presentation at the January 16, 1989 Parks and Recreation Commission meeting. The meeting will begin at 5:00 p.m. at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, 92008. This letter will be sent to a variety of interested parties in an effort to properly notify all individuals and organized groups having concern with the use of Calavera Hills Community Park. Should you have further questions regarding this issue, please contact me at (619) 434-2827. Sincerely, Keith Senior Management Analyst Carlsbad Parks and Recreation Department 12OO Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2824 DEVELOPMENTAL SERVICES LAND USB PLANNING OFFICE County Clerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 1200 ELM AVENUE CARLSBAD, CA 92008-19B9 (619) 438-5591 Citp of CarMmb NOTICE OP DETERMINATION This is to advise that the City of Carlsbad on January 23, 1985, 1985, approved the following project: Project Description: Conditional Use PerMt for the" construction of an 18 acre comnunity park. ""~ ' Project Address/Location: Southeast corner of Elm Avenue and Tamarack Avenue. The City made the following determinations regarding the environmental impact of the above described project: 1. The project will not have a significant effect on the environment. A copy of the Negative Declaration with supporting document is available for public review at the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA 92008. DATE: January 24, 1985 CASE NO: CUP-266 APPLICANT: City of Carlsbad MICHAEL J7 FDLZMTLLER Land Use Planning Manager 0027 DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CA 92008-1989 (619) 438-5591 Citp of Carlsbafc NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Southeast corner of the intersection of Elm Avenue and Tamarack Avenue. PROJECT DESCRIPTION: Conditional Use Permit for the construction of a community park. Construction of the proposed park will require approximately 50,000 cubic yards of grading. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: December 10, 1984 CASE NO: CUP-266 APPLICANT: City of Carlsbad PUBLISH DATE: December 22, 1984 MI Land Use Planning Manager ND-4 5/81 0028 STAFF REPORT DATE: MAY 22, 1985 TO: PLANNING COMMISSION FROM: PARKS AND RECREATION/ LAND USE PLANNING OFFICE SUBJECT: CUP-266(A) - CITY OF CARLFBAD - Request for a conditional use permit to construct an 18 acre community park at the southeast corner of Elm and Tamarack Avenues in the P-C zone. I.RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2444 APPROVING CUP-266 based on the findings and subject to the conditions contained therein. II.PROJECT DESCRIPTION This item is an amendment to a conditional use permit for the development of an 18 acre park. Glasgow Drive will border the southern and easterly edges of the park, Tamarack borders the western edge and Elm Avenue borders the northern edge. This property has been designated as a community park site by the Calavera Hills Master Plan and the City of Carlsbad Recreation Element of the General Plan. At the present time- the City owns the southerly portion of the park site. Per conditions of the Calavera Hills Master Plan, the northerly half of the park site will be dedicated to the City by the developer of Villages E-1, H, K, L-2, 0, Rf T, U, w, X, and Y after approval of all tentative maps for these villages, but prior to approval of any of the final maps for these villages. Staff expects this to occur this year. On the January 23rd Planning Commission meeting a CUP was granted for development of the southern section of the park only. That was because the owner of the yet to be dedicated northern poriton of the park would not give his permission to process a CUP on his property. The owner has since given his permission to proceed with both the CHP and grading on his property. The City now seeks to amend the CUP and gain approval on the entire park site. EXHIBIT 2 0029 c) That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion The requested use is necessary for the development of the community. As the Commission is aware, there is a serious lack of playing fields in Carlsbad. This project will provide a number of playing fields in one of the fastest growing portions of the City. The proposed use will not be detrimental to existing and future uses in the area. The southern portion of this site has always been designated as a park site by the Calavera Hills Master Plan. The northern half was originally designated as a commercial site, but a General Plan and Master Plan Amendment in February 1984 redesignated the northern portion as a park site. This park has been designed to minimize its effect on the adjacent residences. The hours of use will be limited to between 8:00 A.M. and 10:00 P.M. Heavy landscaping along Glasgow and a native area supplemented by landscaping along the southerly edge of the park will buffer existing residences from activity within the park. The site is adequate in size and shape to accommodate the proposed use. This site is large enough to provide a wide variety of active"play areas, as well as on site parking. Overflow parking will oe available along Glasgow Drive a local collector bordering the easterly and southerly portions of the park. All of the setbacks, fences, landscaping and other features necessary to adjust this use to the adjacent residential uses will be maintained. As mentioned previously heavy landscaping along with a natural area will separate the park from residences to the south and east. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed park. Residents of the Colony have expressed concerns to the City about traffic generated by the proposed park. They were particularly concerned about traffic on Glasgow Drive. In response to these concerns the City's Traffic Engineer completed a traffic impact study for the proposed park in July, 1984. This study concluded that the adjacent street system was adequate to handle the traffic generated by the proposed park. In the past the 0030 r c) That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion The requested use is necessary for the development of the community. As the Commission is aware, there is a serious lack of playing fields in Carlsbad. This project will provide a number of playing fields in one of the fastest growing portions of the City. The proposed use will not be detrimental to existing and future uses in the area. The southern portion of this site has always been designated as a park site by the Calavera Hills Master Plan. The northern half was originally designated as a commercial site, but a General Plan and Master Plan Amendment in February 1984 redesignated the northern portion as a park site. This park has been designed to minimize its effect on the adjacent residences. The hours of use will be limited to between 8:00 A.M. and 10:00 P.M. Heavy landscaping along Glasgow and a native area supplemented by landscaping along the southerly edge of the park will buffer existing residences from activity within the park. The site is adequate in size and shape to accommodate the proposed use. This site is large enough to provide a wide variety of active play areas, as well as on site parking. Overflow parking will be available along Glasgow Drive a local collector bordering the easterly and southerly portions of the park. All of the setbacks, fences, landscaping and other features necessary to adjust this use to the adjacent residential uses will be maintained. As mentioned previously heavy landscaping along with a natural area will separate the park from residences to the south and east. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed park. Residents of the Colony have expressed concerns to the City about traffic generated by the proposed park. They were particularly concerned about traffic on Glasgow Drive. In response to these concerns the City's Traffic Engineer completed a traffic impact study for the proposed park in July, 1984. This study concluded that the adjacent street system was adequate to handle the traffic generated by the proposed park. In the past the -3- 008! 1 2 installation of such signs. 3 10) Trash receptacle areas shall be enclosed by a six-foot high 4 10 11 12 13 14 15 16 17 "3 9) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Plannina Manager. 11) All roof appurtenances, including air conditioners, shall he architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 9 12) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District. 13) This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if al conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that 18 ij the Planning Commission, after providing the permittee the ji opportunity to be heard, add additional conditions to mitigate 19!' the significant adverse impacts. This permit may be revoked a any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed 20 21 22 23 24 25 26 herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon writte application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surroundinc land uses or the public's health and welfare is found, the extension shall be considered as an original application for ; conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 27 28 PC RESO NO. 2444 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 23) 24) 25) 26) 16 17 18 |i I! 19"27) 20 ' 21 22 23 24 25 26 27 28 The developer shall exercise special care during the construction phase of this project to prevent any off-site siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. The owner of the subject property shall execute a hold harmles agreement regarding drainage across the adjacent property pric to approval of any grading or building permit for this project. The drainage system shall be designed to ensure that runoff resulting from a 10-year freauency storm of 6 hours or 24 houi duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Direct access rights for all lots abutting Elm and Tamarack Avenues shall be waived on a recorded document. PC RESO NO. 2444 -5- 0033 I' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 isi;3! 19 20 34) 36) 37) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only, and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St.: Telephone: BY Date (Name of Engineer) R.C.E. NO, * The developer shall provide the City with a reproducible mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to improvement plan submittal. The location, geometry and size of the parking and internal circulation system are not approved. These shall be redesigned to the satisfaction of the City Engineer. Sight distance requirements for the intersections at the driveway approach and for streets adjacent to this project shall meet City standards. Grading shown on the site plan is not approved. 21 22 23 24 25 26 27 28 PC RESO NO. 2444 -7-0034 LOCATION MAP HWY 78 SITE 0035 CALAVERA HILLS PARK CUP-266 (A) r • Mil recreation system* -J DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Citp of Carlsbad PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Land Use Planning Office has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be reouired and a notice of determination will be filed. Project Title: CAIAVERA HILLS PARK. Project Location: Southeast corner of the intersection of Sim Avenue and Tamarack Avenue. Project Description: Conditional Use Permit for the development of a community park. Justification for this determination is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of publication. Dated: May 9, 1985 Case No: CUP-266 Applicant: CITY OF CARLSBAD Publish Date: May 15, 1985 MICHAEL J. HDLZMILLER Land Use Planning Manager PC 1 0037 PARK & RECREATION COMMISSION - AGENDA BILL AR« 688-7 MTft 6-20-88 DEPT P & R T]TLEj REQUEST FOR ADDITIONAL PLANT MATERIAL AT CALAVERA HILLS PARK AND ADJACENT PROPERTY DEPT. HD. CITY ATTY CITY MGR RECOMMENDED ACTION: Direct staff to proceed with the planting of additional trees and shrubs at Calavera Hills Park site and adjacent property in an effort to further mitigate noise and lighting impacts on neighboring residents. ITKM EXPLANATION: On May 2, 1988, Parks and Recreation Staff attended a Calavera Hills Homeowners Association Board meeting to address concerns by residents concerning the noise and light generated through activities at the park site. A wide variety of suggestions were made by area residents as to how the impact of noise and light might be mitigated. Some suggestions were: 1. Close the park to night use. 2. Construct a solid wall around the park site. 3. Limit hours of night activity. 4. Plant additional trees and shrubs to provide a buffer. 5. instigate legal action against the City to force closure or restrict activities in the park. ^ At staff's suggestion, a committee of five (5) homeowners met with Parks and Recreation representatives to evaluate and develop a solution to resident concerns. After considering various options, the committee has decided the most realistic and feasible approach to further reduce the light and noise impact would be the additional planting of trees and shrubs. The Homeowners Committee, working independently, has prepared a z plant list showing types, sizes and quantities of plant materials 2 they feel are needed to decrease noise and light levels. In ~ addition, they have requested the City install redwood slats into ^ the existing chain link fence that surrounds the common area and association pool. The chain link fence was installed by the City O prior to the park opening, at the request of the Homeowners Association to restrict park users from the pool site and common area. The attached map roughly depicts a planting schematic and fencing improvements. O EXHIBIT 3u Page 2 of Commission AB s 688.7 The committee has expressed that the specific plant types should be subject to approval by the Parks Department and that plant .naterial quantities are estimates only. In an effort to mitigate the Homeowner concerns prior to the formation of this committee, staff initiated and has completed the following action: 1. Re-aimed and shielded the existing light fixtures resulting in substantial reduction of light glare and spill over. 2. Restricted Saturday and Sunday night light use and imposed a weekday curfew of 10:00 p.m. 3. Planted forty eight (48) trees surrounding the park site. FISCAL IMPACT; 55 - Melalucla Trees - (15 gal. 8 $50. ea.) 12 - Podocarpus Trees - (5 gal. @ $9.00 ea.) 75 - Piracantha shrubs - (1 gal. 9 $3.00 ea.) 1,000 - Wooden slats ($11.75 per bundle) $2,750 108 225 $ 234 TOTAL: $3,317 Funds are available in the calavera Hills Community Park Construction Fund. 1. Letter - Mark Steyaert 2. Planting Plan 0039 June 9, 1983 Mr. Mark Stayer Sept. of Parks and Recreation City of Carlsbad Car l=oad, CA 92008 mittee appointed bv the board of directors of Tr,=> ^ac:<e r-iomeowners Association has concluded its' study cor.cer r.; -g r.ne c'^er nade bv Dave Bradstreet. We believe tnat the plant ir..^ of "ees ar.d cushes on t;ne park and the common ground- of "~~e Jaoe will nelp very -^uch to ameliorate the light and sou:-.d Dwilutio.' t~at presently emanates from the Calavera Hills Park. I~ addition, we believe that wooden slats installed in The Care A. i •-a fence CK-. Glasgow, wo^ld decrease the sound problem. Coicerning Dave's offer of planting trees and bushes on private grounds of The Cape, it seems that only two homeowners would like to take advantage of it. Following is what we believe are the minimum numbers of trees, bushes, and wooden slats necessary in order to achieve the desired objective: 1. 55 Melalucas trees (each 10 feet in height); J 2. 12 Protocorpus trees (each 3 feet in height); 3. 75 Piracantha bushes (each 1 foot in height), and H. 100C wooden slats (each approximately ^ feet in height'. •jf these roughly 15 Melalucas and 50 Piracantha would have to be clanteo on the park side of Glasgow, with the remainder on Ti-.g Cape property. The execution of this offer by the Department of Parks ard recreation will make many residents of The Cape very pleased. Although I must tell you that there are some remaining that are investigating a potential suit on the City. For your help and time, I thank you very much Larlos A. Salvado S955 Cape Cod Circle 729-0387 Cop/: C. P»-escott EXHIBIT 10040 ^gtfr-wsss: PHASE 2« 0041 EXHIBIT 2 MINUTES Dune 20, 1988 PARKS WO RECREATION COMMISSION Paa« 3 COMMISSIONERS Dave Bradstreet stated the checks for the donations have been received and a letter of appreciation will be written in the name of the Commission. PUBLIC HEARING; 7. AB #6&& - 7 - REQUEST FOR ADDITIONAL PLANT MATERIAL AT CALAVERA HILLS PARK AND ADJACENT PROPERTY. Dave Bradstreet gave the staff report on this item as contained in the Agenda Bill. Commissioners Castner and Donovan expressed concern with planting trees on private property, and felt the trees should be planted on the Park property. In answer to query as to how many homeowners requested trees on their property, staff answered there were only two. Dave Bradstreet stated the City had made the offer to alleviate the problem of the two homeowners. The remainder of the trees would be planted In the common area of the homeowners association. Mr. Bradstreet stated the latest technology would provide lights that would be shielded and would not create a problem. However, the lights installed there do create a problem and even though trees were planted In the park, because of the height of the lights, It was felt trees needed to be planted closer to the homes. Commissioner Dahlquist Inquired whether there were signs In all future park areas Informing the public that there will be a park in that area. Mr. Bradstreet stated there had been signs In Calavera Hills stating there would be a park in that area. Doug Ouncanson added the Hunt property is the only one that does not have signs at this time. Commissioner Welshons inquired whether there would be the same light problem in the second phase of the park. Mr. Bradstreet replied the City had changed electrical contractors and changed the specifications for lights in the second phase. They are to be glare-proof. In answer to Commission query regarding the City's liability in the future of any tree planted on private property, Mr. Bradstreet .stated an agreement would be signed that once the tree was planted it became the property of the owner or the homeowners, and there would be a waiver of liability. Chairman Lawson opened the public hearing at 5:30 p.m., and issued the invitation to speak. Caroline Prescott, a resident at the Cape in Calavera Hills, stated her home sits high on the hill and she now has noise and sees the lights. She stated she was ready and willing to sue the City and Parks and Recreation to have the lights torn down, turned off, etc. Ms. Prescott stated the compromise was reached to plant the trees, and inasmuch as there was no room In the park itself, the trees would be on the common ground and the homeowners association would sign a release form. 0042 MINUTES PARKS WO RECREATION COMMISSION Dune 20, 1988 Page 4> COMMISSIONERS Ms. Prescott stated she has the approval of the Board of Directors to represent the homeowners of the Cape. She stated one third of the homeowners are directly affected by the lights and there are 2<tO people living there. Commlsslsoner Welshons stated she had a letter addressed to Cathy Regan stating any suits would be up to individual owners to pursue. Commissioner Oahlqulst stated she did not feel there should be any trees planted on the two private lots. Commissioner Donovan asked Ms. Prescott whether she was aware there was to be a park there, and she answered she was aware of that, but they did not show the lights at the height they are now installed. Mrs. Donovan further asked whether Ms. Prescott thought this was to be a passive park, or did she know there were to be ballfields, and Ms. Prescott answered she did not think the noise would reach as far as It does. Commissioner Popovlch commented that an expert had testified that vegetation does not. stop sound unless it Is so dense that you cannot see light through It. He continued, stating the City spent a lot of money to put a park in for the convenience of the residents In that area. It is costing a lot of money to light the ballfields, and If the surrounding residents do not want that, then cut out the lights and schedule no more night ballgames. When the ballplayers complain, refer then to the homeowners association. Since no one else wished to address the Commission on this item, the public hearing was closed at 5:45 p.m. Commissioner Castner stated the lights could not be turned off—the City put five million dollars into that park and the people of Carlsbad will use It. He added he did not like planting trees on private property, but if an agreement and release were signed and this would satisfy the people, he would support this. Chairman Lawson concurred with Commissioner Castner, stating the goodwill toward the City and this Commission would be worthwhile. The residents around that park knew there was to be a park there and ballfields. He stated he would support this if there was assurance this would not come back again. Commissioner Donovan stated she did not support this, as this happens every time the City builds a park—noise, lights or something else is a complaint by those buying around the park. She felt the people should investigate what is going to be in that park and not buy there if that annoys them. Mrs. Donovan felt this would set a dangerous precedent to put trees or anything else on private property- -just because they are "wronged" by the City. She stated she was angry at the intent to intimidate by threatening to sue the City and Parks and Recreation and felt the matter needed more investigation. 0043 MINUTES 3une 20, 1988 PARKS AND RECREATION COMMISSION Page 5 COMMISSIONERS Commissioner Morrison stated there were only two residents who accepted the offer to plant trees on their property, and those people could sign a waiver. However, she was not certain this would solve the problem, and felt all of the residents there should accept this solution, as well as the homeowners association. Commissioner Oahlquist stated there were only two residents who wanted trees on their own property and she felt the developer should have some Integrity. She stated she would not support trees on private property. Commissioner Welshons suggested directing staff to work out an agreement that would be the final solution. She stated this should go back to the residents for their signing. Commissioner Donovan said that would be it and it would now be the homeowners' problem. Commissioner Morrison added it should state in the agreement that this is the final agreement. Commissioner Oahlquist made a motion and Commissioner Castner seconded it to accept the agreement worked out regarding Items 1, 2 and 3 in the staff report, excluding planting of trees within private property and fenced yards. Motion was later withdrawn. Dave Bradstreet stated those three items have already been done, and he recommended the Commission look at Exhibit 1 on page 33 of the agenda. There are four items recommended by Mr. Salvado in his letter dated Dune 9, 1988. The items listed there are: 55 melalucla trees, 12 podocarpus trees, 75 piracantha shrubs and 1,000 wooden slats, with a total cost of $3,317. Mr. Bradstreet said staff should be directed to work out an agreement as a final solution with the homeowners and the City. Commissioner Popovich read the last paragraph of Mr. Salvado's letter as follows: "The execution of this offer by the Department of Parks and Recreation will make many residents of The Cape very pleased. Although I must tell you that there are some remaining homeowners that are investigating a potential suit on the City." Parks and Recreation Commission accepted the compromise agreement outlined by staff and the Homeowners Association, excluding any planting of trees or shrubs on private property. Staff is to work out an agreement with the City and the Homeowners Association stipulating this agreement is the final solution to the noise and lighting complaints at Calavera Hills Park. Parks and Recreation Commission changed the name of the group to the Board of Directors of The Cape Homeowners Association. 0044 Lawson Castner Oahlquist Donovan Morrison Popovich Welshons Lawson Castner Oahlquist Donovan Morrison Popovich Welshons