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HomeMy WebLinkAbout2007-01-18; Parks & Recreation Commission; 0107-5; Disruptive Basketball Play La Costa Canyon ParkPARKS & RECREATION COMMISSION - AGENDA BILL AB# 0107-5 MTG. DATE: 01/18/07 STAFF: LANCASTER REPORTED DISRUPTIVE BASKETBALL PLAY ON WEEKEND MORNINGS, AS RELATED TO THE CONDITIONAL USE PERMIT FOR THE EXISTING LA COSTA CANYON PARK D INFO \E\ ACTION RECOMMENDED ACTION: Review the reports of disruptive basketball play on weekend mornings - as related to the Conditional use Permit for the existing La Costa Canyon Park, consider the options available in response to those reports, and advise staff of the Commission's selection. ITEM EXPLANATION: Background Over the past two years, The Parks Maintenance Department has participated in oversight of the contractual remodeling/reconstruction of selective restrooms within City parks to ensure compliance with the Americans with Disabilities Act (ADA). To date, three such restroom projects have been undertaken - two at Holiday Park, and one at Laguna Riviera Park. The last of these projects is expected to be completed next month. Prior to the issuance of building permits for the work at each of these sites, the Planning Department required that Conditional Use Permits (CUPs) be issued, as the parks had been constructed many years prior without having such documents on file. Entitlement applications for those sites were therefore submitted to the Planning Department. Planning Commission Public Hearings on those sites were later held, there were no objections voiced, and the CUPs/building permits were subsequently issued. Recognizing that La Costa Canyon Park was in need of similar remodeling for ADA compliance, an entitlement application was submitted to the Planning Department for that site as well. A vicinity map (Exhibit 1) and an aerial map (Exhibit 2) of La Costa Canyon Park are attached. A Planning Commission Public Hearing on the matter was subsequently scheduled for July 20, 2005, with the required public noticing of the matter being accomplished in advance of the meeting. On July 15, 2005, staff received the attached e-mail message (Exhibit 3) from Linda Lespesa, as an "ad hoc representative of the concerned residents" near La Costa Canyon Park. In that message, she described problems associated with the basketball court that are "all related to a group on non-residents who fill the parking lot with cars on weekends, and ignore pleas and warnings from both the neighbors and Carlsbad police." On July 19, 2005, staff sent the attached e-mail message (Exhibit 3) to Ms. Laspesa in response to the concerns raised. On July 20, 2005, the Planning Commission Public Hearing was held on the CUP application for La Costa Canyon Park. Staff presented the attached report (Exhibit 4) and responded to the Commissioner's questions. Ms. Laspesa and her adjacent neighbor also provided public comment, similar to that contained in the July 15, 2005 e-mail message, and responded to the Commissioner's questions. After deliberating, the Planning Commission approved the Conditional Use Permit for La Costa Canyon Park, with an added condition that staff was to return in six months at an another Public Hearing to discuss the permit's status. In the interim, Ms. Laspesa and her adjacent neighbor were advised to contact the Carlsbad Police Department during any disruptive incidents on the basketball court so that officers could be dispatched to the site. The approved minutes (Exhibit 5) of that meeting are attached. II AB#0107-5 Page 2 Planning staff workload prevented the scheduling of the additional Public Hearing within the stated time frame. Shortly after the hearing, however, Parks Maintenance staff installed signs at the basketball court requesting that the players "Please Be Respectful of the Neighbors - No Profanity, No Loud Noises, No Littering, No Fighting" (photo attached). In addition, both the Parks Maintenance and Police Department staff periodically monitored weekend morning activity at the site for over a one year period. Staff found that: (a) the few dogs observed within the park were generally being taken from the parking lot to the trail at the back of the park - where leashed dogs are allowed, (b) any litter near the basketball court was readily controlled, (c) there were no negative impacts to the parking lot, and (d) the basketball play was within normal expectations for a community park setting. On occasion, the assigned Police Officers also made contact with the basketball players and advised them of the concerns that had been raised by neighbors. During this period of over one year, complaints from Ms. Laspesa or other neighbors regarding the basketball activity were minimal. On September 21, 2006, however, Ms. Laspesa sent the attached e:mail message (Exhibit 6) reminding staff that the Public Hearing to review the status of the Conditional Use Permit had not occurred, and advising that problems with unauthorized dogs and abusive basketball players were continuing on Sunday mornings. According to Ms. Laspesa, the neighborhood consensus was that "the players appeared to be more respectful for a period of time, but ...reverted to the same behavior as prior." On September 22, 2006, staff sent the attached e:mail message (Exhibit 6) in response to Ms. Laspesa, and communicated with the Planning Department on the need to schedule a Public Hearing. Staff also traded the attached e:mail messages (Exhibit 7) with Ms. Laspesa on September 28, 2006, regarding an isolated parking lot sweeping incident. On November 15, 2006, an additional Planning Commission Public Hearing was held on the status of the park's CUP. Staff presented the attached report (Exhibit 8) and responded to the Commissioner's questions. Ms. Laspesa, her adjacent neighbor, and four other nearby residents provided public comment and responded to the Commissioner's questions. After considerable deliberation, the Planning Commission voted against the adoption of a resolution to allow the CUP to remain in effect indefinitely, subject to annual review by the Planning Director. Instead, the Commission directed staff to draft a resolution of denial for the CUP, and return to their next regularly scheduled meeting. The approved minutes of that meeting (Exhibit 9) are attached. On December 6, 2006, another Planning Commission Public Hearing was held on the resolution of denial for the park's CUP. Staff presented the attached report (Exhibit 10) and responded to the Commissioner's questions. Ms. Laspesa's adjacent neighbor and one other nearby resident provided supplemental public comment. A different nearby resident submitted the attached letter (Exhibit 11) dated December 6, 2006 as public comment. After additional deliberation, the Planning Commission voted to continue this item to April 7, 2007 - or preferably sooner - to allow staff the opportunity to present this matter to the Parks and Recreation Commission, and return with any suggestions to resolve the issues at hand. The approved minutes (Exhibit 12) of that meeting are attached. Since the November 15, 2006 Public Hearing, Recreation staff has joined the Parks Maintenance and Police Department staff in periodically monitoring- weekend morning activity at the park. Staff has continued to find that: (a) the few dogs observed within the park were generally being taken from the parking lot to the trail at the back of the park, (b) any litter near the basketball court was readily controlled, and (c) there were no negative impacts to the parking lot, and (d) the basketball play was within normal expectations for a park. A log (Exhibit 13) of this monitoring activity is attached. Historical and Geographical Data The following information is offered as historical and geographical data for use when considering the options available in response to the reports regarding basketball activity at this site. AB#0107-5 Page3 Construction of La Costa Canyon Park began in the late 1970s. Located in a residential neighborhood north of La Costa Avenue and between San Marcos Canyon and Cadencia Street, the 14.85-acre park features tot lots, a sand volleyball pit, lighted tennis courts, a lighted basketball court, turfed open space areas, and group picnic areas. Serving park patrons are a 26-space parking lot and a restroom building. A large portion of the park consists of an undeveloped canyon and hillsides. Meandering across the hillsides are trails that connect the park with an SDG&E .easement and nearby homes. The SDG&E easement and the park's undeveloped areas serve to buffer park amenities from many of the nearby residences. The park has an Open Space General Plan designation and a Planned Community (P-C) zone in recognition of the fact that the park is part of the La Costa Master Plan. The facility is identified as a public park by the La Costa Master Plan. The Master Plan states that the park is subject to the standards of the Open Space (O-S) Zone. According to the Zoning Ordinance, public parks are permitted uses while tennis, volleyball, and other sports courts are conditional uses in the O-S Zone. The site is also designated as a Community Park by the Parks and Recreation Element of the General Plan. According to Section G.1., 'Primary Park Classifications', of that Element, Community Parks are defined as "leisure facilities, approximately 20 to 50 acres in size; however, due to the 1982 revision of the Parks and Recreation Element, pre-1982 neighborhood parks of less than 20 acres have been reclassified and "grandfathered" into the Community Park classification. This reclassification was approved by the Parks and Recreation Commission in May 1987 and the City Council in August 1987." Although La Costa Canyon Park falls short of the acreage range of current Community Parks, it does provide similar amenities. "Community Parks generally provide active and passive amenities; however, they are not limited to the exclusive use of either." Community Parks are also generally intended for the use of residents within the larger vicinity - not solely for the use of the neighborhood in which they are located. "Typically, Community Parks are designed to serve the recreational needs of several neighborhoods....and the primary access orientation is vehicular." In these respects, La Costa Canyon Community Park falls within the same classification as Stagecoach, Poinsettia, Aviara, Pine Avenue, Hidden Canyon, and Calavera Hills Community Parks. Each of these Community Parks also have residential neighbors either adjacent to, or across a street from, their various amenities. Poinsettia and Calavera Hills Community Parks specifically contain full basketball courts. The applicable sections of the Parks and Recreation Element of the General Plan (Exhibit 14) are attached. Options Available The listing below notes the full range of options available in response to the reports of disruptive basketball play on weekend mornings at La Costa Canyon Community Park. 1. Staff could forward a recommendation to the City Council that the basketball court be removed from the park, and that the La Costa Canyon Park Master Plan be amended in a corresponding fashion. 2. Staff could arrange for the modification of the full basketball court into (a) two half basketball courts, or (b) one half basketball court and one half children's play court., or (c) one standard half court and one open play court. 3. Staff could retain the current court configuration, post new signage at the basketball court indicating play is not allowed until a later hour on weekend mornings (e.g., 10:00 a.m.), and continue to advise nearby neighbors to contact the Carlsbad Police Department during any disruptive incidents. AB#0107-5 Page 4 EXHIBITS: 1. Vicinity Map of La Costa Canyon Park 2. Aerial Map of La Costa Canyon Park 3. E:Mail Messages between Linda Laspesa and Kyle Lancaster, dated 7/15/05-7/18/05 4. Report to the Planning Commission on CUP 05-05 - La Costa Canyon Park, dated 7/20/05 5. Planning Commission Minutes of CUP 05-05 - La Costa Canyon Park, dated 7/20/05 6. E:Mail Messages between Linda Laspesa and Kyle Lancaster, dated 9/21/06-9/22/06 7. E:Mail Messages between Linda Laspesa and Kyle Lancaster, dated 9/27/06-9/28/06 8. Report to the Planning Commission on CUP 05-05 - La Costa Canyon Park, dated 11/5/06 9. Planning Commission Minutes of CUP 05-05 - La Costa Canyon Park, dated 11/15/06 10. Report to the Planning Commission on CUP 05-05 - La Costa Canyon Park, dated 12/6/06 11. Letter to Don Neu from Marcela Escobar-Eck, dated 12/6/06 12. Planning Commission Minutes of CUP 05-05 - La Costa Canyon Park, dated 12/6/06 13. La Costa Canyon Basketball Court Monitoring Log, dated 11/11/06-12/31/06 14. Parks and Recreation Element of the City of Carlsbad General Plan, dated 7/03 EXHIBIT 1 TO SCALE SITE MAP La Costa Canyon Park CUP 05-05 ^ EXHIBITS Hubbs" < Lhubb@ci.carlsbad.ca. us >; "Mark Steyaert" < MStey@ci.carlsbad.ca. us >; "Paul Meadows" < pmead@ci.carlsbad.ca.us >; "Scott Donnell" < Sdonn@ci.carlsbad.ca. us > Sent: Tuesday, July 19, 2005 5:46 PM Subject: Re: Conditional Use Permit for La Costa Canyon Park > Dear Ms. Laspesa: > > This message is a follow-up to our telephone conversation last > Thursday, and your subsequent e:mail, regarding the Parks Maintenance > Division and the Conditional Use Permit Application for La Costa Canyon > Park. > > Please be advised that since our phone conversation, I have requested > that two new signs be posted at this park's basketball court, indicating > that players should be courteous to the neighbors (specifically 'No > Profanity' and 'No Fighting'). In addition, an existing sign at the > court requests that basketball play not start until 8:30am, though the > park actually opens at 7:00am. With regard to the litter around the > court, I have requested that our maintenance staff closely monitor this > area and address it accordingly. > > In addition, I left a detailed voicemail for Corporal Douglas with the > Police Department advising him of your concerns regarding > foul/disruptive language, fighting, and general 'bullying' by certain > basketball players. By copy on your e-mail, he is now also aware of the > presence of unauthorized dogs at this park. I've asked that he refer > this information to the applicable Community Relations Officer for > appropriate action. > X > Lastly, please be advised that, although you are correct in the fact > that Stagecoach Park currently has four half-court facilities, none of > those baskets/backboards are mounted at a reduced height. Each of those > baskets is at the same regulation height (10') as the two at La Costa > Canyon Park. The City's parks do not have any reduced height baskets, > in part due to the potential for adults to use them for slam dunk > competitions, and damage/break the equipment in the process. I have, > however, forwarded your comments to Park Development Manager Mark > Steyaert for further review. > > We appreciate you and your neighbors providing comments on these items. > Should you have any other Parks Maintenance related needs, please feel > free to contact me, or Public Works/Parks Supervisor Jerry Rodriguez at > (760) 434-2857. > > Respectfully, > > Kyle Lancaster > Parks Superintendent > City of Carlsbad > (760) 434-2941 \7 iKyle Lai roaster-Re: CITY OF CARLSBAD | CONTACT US ^ : : Page 1 From: PW Internet Email To: David Douglas; Ken Price; Kyle Lancaster; Lloyd Hubbs; Mark Steyaert Date: 07/18/2005 8:43:41 AM Subject: Re: CITY OF CARLSBAD | CONTACT US Good Morning, The below email was sent to the Public Works email, addressed to you. Thank You Deborah PW Administration >» <LHansonLaspesa@adelphia.net> 07/15/2005 2:42:17 PM >» A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, Public Works. FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE. Below, please find the information that was submitted: NOTE: A HARD COPY OF THIS DOCUMENT IS ALSO BEING SENT VIA USPS. To: City of Carlsbad - Kyle Lancaster, Parks Superintendent Ken Price, Recreation Director Lloyd Hubbs, Public Works Mark Steyaert, Parks Development Manager Corp. David Douglas, Sr. Police Officer From: Corona La Costa Homeowners c/o Linda Laspesa Date: 14 July, 2005 Re: Conditional Use Permit for La Costa Canyon Park; Neighboring Residents' Concerns Many of us residents in the development surrounding La Costa Canyon Park (Corona La Costa Homeowners Association) recently received the Notice of Public Hearing published July 8, 2005; Case file # CUP 05-05. We understand that the conditional use permit addressed in the letter concerns bringing the park's sports courts into compliance with current zoning ordinances. We are concerned, however, that the issues concerning nearby residents are not being addressed. There has been an on-going problem over the last several years regarding the use of the La Costa Canyon Park (LCCP) basketball courts. The majority of the problems associated with the basketball courts are all related to a group of non-residents who fill the parking lot with cars on weekends, and ignore pleas and warnings from both neighbors and Carlsbad Police. These include 1) early morning excessive noise on weekends, 2) loud arguments and frequent profanity by players, 3) litter including beer containers around the court, 4) dogs either tied or loose in the park in violation of the posted signs (M.C. 11.32.030 (11) & (30), and 5) inaccessibility of the courts to neighboring residents and children due to "bullying" their way onto the court when this group wants access. Furthermore, we feel that the placement of the basketball court makes it very inappropriate for full court basketball under MOST circumstances. It is surrounded by homes on three sides of the park, many within 20-30 feet, and is situated next to the tot lot play area in the park. The sign stating "No profanity" has been ;Kyle Lan-oaster: Re: CJT/OFj:Ar^A removed (most likely by the players themselves) but the profanity has not. It has become bad enough to prevent many of us residents from bringing children to the park during their games. The use of Carlsbad Police officers to respond to on-going complaints by neighbors is not the best use of the City of Carlsbad's budget nor its officers. There has been a long-standing awareness by the Police Department, and current and former Parks Department employees of this problem at La Costa Canyon. We believe NOW is the time to address these issues, before issuing the Conditional Use Permit mentioned above. (Page 1 of 2) We residents are not lodging these complaints without proposing a solution. There has been a long and collective thought process ongoing in the Corona La Costa Development, and we believe we can propose a solution that is both cost-effective and fair to all concerned, including the "problem" basketball players. We suggest dropping one of the basketball hoops at La Costa Canyon, and converting the court for half-cpurt play. To provide a full court facility nearby, we propose raising or exchanging the hoop and backboard with one of the many half-courts in existence at Stagecoach Park. There are several benefits - 1) resolution of the current problems at LCCP, 2) players who wish to play full-court basketball have a nearby facility. If they drive to LCCP, they can drive to Stagecoach, 3) the homes neighboring any of the Stagecoach Park courts are located considerably further away than those at LCCP, 4) the children of our neighborhood at Corona.La Costa will finally have a low basketball hoop accessible to them without leaving the immediate neighborhood, and 5) parents will be able to use the playground area at LCCP weekend mornings without worry about inappropriate adult activities close by. Having dealt with this group of basketball players over many years, area residents are certain that the group will seek out a full court facility and not return to LCCP regularly. In the past, they have stated they sought out THIS specific court configuration. This will go a long way towards resolving the current problems, without the major expense of relocating the entire basketball court. While several of us plan to attend the July 20th Planning Commission meeting, and/or the City Council Meeting on July 19th, we urge you in advance to address these concerns immediately, prior to issuing the Conditional Use Permit, or at least contingent upon addressing our concerns. We area residents appreciate the benefits of the park, and seek to improve the use and accessibility for all the Carlsbad parks to all residents. Thank you in advance for your consideration. Please feel free to address responses to any of the Corona La Costa Homeowners, or directly to Linda Laspesa, as ad hoc representative of the concerned residents. Her contact information is as follows: Residence: 3014 Rana Court, Carlsbad 92009 Phone:(760)436-6116 Fax: (760) 436-8084 Email: LHansonLaspesa@adelphia.net (2 of 2) Linda Laspesa 3014 Rana Court Carlsbad, CA 92009 LHansonLaspesa@adelphia.net The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 20,2005 Application complete date: April 28,2005 Project Planner: Scott Donnell Project Engineer: John Maashdflf SUBJECT: CUP 05-05 - LA COSTA CANYON PARK - Request for a Conditional Use Permit for (he existing La Costa Canyon Park, which is located on a 14.85-acre site on Pueblo Street, located north of La Costa Avenue and west of Cadencia Street in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5934 APPROVING Conditional Use Permit CUP 05-05, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposal involves the processing of a Conditional Use Permit (CUP) for existing La Costa Canyon Park. No improvements or changes to the park are proposed. III. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad Public Works - General Services Department is requesting approval of a Conditional Use Permit for La Costa Canyon Park. Located in a residential neighborhood north of La Costa Avenue and between San Marcos Canyon and Cadencia Street, the 14.85-acre park features a sand volleyball pit, lighted tennis and basketball courts, and lawn and picnic areas. Serving park patrons are a 26-space parking lot and restrooms. A large portion of the park consists of an undeveloped canyon and hillsides. Meandering across the hillsides are trails that connect the park with an SDG&E easement and nearby homes. The SDG&E easement and the park's undeveloped areas serve to buffer park amenities such as the tennis courts from many of the nearby residences. Construction of La Costa Canyon Park began in the late 1970s. The park has an Open Space General Plan designation and a Planned Community (P-C) zone in recognition of the fact that the park is part of the La Costa Master Plan. The facility is identified as a community park by the General Plan Parks and Recreation Element and as a public park by the La Costa Master Plan. The Master Plan states that the park is subject to the standards of the Open Space (O-S) Zone. According to the Zoning Ordinance, public parks are permitted uses while tennis, volleyball and other sports courts are conditional uses in the O-S Zone. Currently, these existing facilities at La Costa Canyon Park do not have a Conditional Use Permit. The Conditional Use Permit application submitted by General Services will apply to the whole park and will bring the facilities into compliance with zoning regulations. CUP 05-05 - LA COSTA CANYON PARK Ju]y20,2005 Page 2 ; s . La Costa Canyon Park is subject to the following regulations: A. General Plan; B. La Costa Master Plan (MP 149); C. Open Space Zone (Zoning Ordinance Chapter 21.33); D. Conditional Use Ordinance (Zoning Ordinance Chapter 21.42); and E. Zone 6 Local Facilities Management Plan. IV. ANALYSIS Staff developed the recommendation for approval of this project by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies. A.Genera! Plan La Costa Canyon Park is consistent with the applicable polices and programs of the General 'Plan. Particularly relevant to the park are the Land Use and Parks and Recreation Elements. The table below indicates how the park complies with these particular elements. La Costa Canyon Park- General Plan Compliance Element Land Use (Overall Land Use Pattern Policy C.8.) Parks and Recreation (Park Development Objective B.I 2) Use Classification, Goal, Objective, or Program Provide for a sufficient diversity of land uses so that schools, parks and recreational areas, churches and neighborhood shopping centers are available in close proximity to each resident of the City. To ensure that park and recreational facilities are compatible with surrounding uses. Requested use and improvements La Costa Canyon Park is a well- established use in a residential area. The park provides neighborhood recreational opportunities such as tennis, basketball, a tot lot, and walking trails. La Costa Canyon Park is adjacent to homes and open space and is identified as a public park in the La Costa Master Plan. Much of the park features an undeveloped canyon and hillsides, and many park amenities are significantly setback from residences, Further, amenities are appropriate for the park's residential setting. Compliance? Yes Yes CUP 05-05 - LA COSTA CANYON PARK July 20, 2005 Page 3 La Costa Canyon Park- General Plan Compliance Continued Eiemcnt Parks and Recreation (Park Development Objectives.]') Use Classification, Goal, Objective, or Program To provide a minimum of three (3) acres of Community Parks or Special Use Areas for each 1, 000 population within each of the four (4) park quadrants of the City. Requested use and improvements At 14.85 acres, La Costa Canyon Park contributes toward meeting the acreage requirement for community parks as reflected in this objective. Compliance? Yes B. La Costa Master Plan Originally adopted in 1972, the La Costa Master Plan (MP-149) established the land use pattern for the La Costa area. The Master Plan identifies La Costa Canyon Park as a public park site and shows it as part of an extensive open space corridor that includes San Marcos Canyon. The Master Plan indicates that uses and improvements in the open space corridors are to be regulated by the Zoning Ordinance Open Space standards. C. Open Space Zone The project site is subject to the requirements of the Open Space (O-S) Zone as contained in Zoning Ordinance Chapter 21.33. Among other things, these regulations permit city parks, picnic areas, trails, and playgrounds. Furthermore, the regulations conditionally permit tennis, basketball, and volleyball courts. Chapter 21.33 also allows the park's public restrooms and parking lot as accessory uses. Section C below discusses the park's compliance with the Conditional Use Permit regulations. With regard to development standards, the Open Space Zone provides specific standards for minimum lot area and building height (a maximum 25-feet is permitted) and requires compliance with Zoning Ordinance parking and sign standards. There are no requirements established for other development standards, including setbacks or building coverage. Regarding lot area and building height, La Costa Canyon Park complies because the 14,85-acre park size is adequate to accommodate all park amenities, and the public restroom building is less than 25 feet high. An existing wood monument sign, located next to the park entrance on Pueblo Street, is approximately 18 square feet in area. This size is less than the maximum 30 square foot sign area that city standards permit for public park monument signs. Zoning Ordinance Chapter 21.44 establishes parking requirements. However, it contains no standards for parks or amenities such as tennis courts and tot lots. When parking requirements for a use are not specified, Section 21.44.030 allows the Planning Commission to determine the parking needs, based on the requirements for the most comparable use as listed in Chapter 21.44. However, the City's parking standards do not list any uses comparable to many typical park uses, including those uses found in La Costa Canyon Park. In the absence of applicable parking requirements, the City's Parks and Recreation Department has developed parking standards for various park amenities. However, the Department developed CUP 05-05 - LA COSTA CANYON PARK July 20, 2005 Page 4 i - the standards to recognize the parking needs of large, fully featured facilities such as Poinsettia Park and the future Alga Norte Park. Because of their larger size, more community-wide location, and/or amenities such as baseball and soccer fields and community centers, these parks are likely to attract users in cars and on a community and region-wide basis. Accordingly, such fully featured parks need more parking than a neighborhood-serving park such as La Costa Canyon. Recognizing its neighborhood location and orientation, staff has applied a 25 percent reduction from the full City parking standard for each amenity at La Costa Canyon Park. This reduction is based on the findings of a parking study prepared for Pine Park. As with La Costa Canyon, this study concluded Pine Park's neighborhood location and lack of unique amenities warranted a 25% parking space reduction. The Planning Commission approved this reduction through the Conditional Use Permit for Pine Park (CUP 03-18). More recently, the Commission approved the reduction through the Conditional Use Permit for Laguna Riviera Park (CUP 04-29). Applied to La Costa Canyon Park, the 25% reduction modifies the park's parking requirement from a total of 40 spaces to 30 spaces. Parking to meet this requirement is met by the park's 26- space parking lot and available on-street parking along the park's Pueblo Street frontage. Located on either side of the parking lot driveway, this frontage is sufficient to accommodate four cars. Attached Exhibit A, the project site plan, features a table that establishes La Costa Canyon Park's parking requirements. In the table, each amenity (e.g., the tennis courts) and its parking need are identified, along with the total available on and off-street parking. D. Conditional Use Ordinance According to Sections 21.33.040 (3) and (10) of the Zoning Ordinance Open Space chapter, playfields, including courts, and tennis courts require a Conditional Use Permit if located in the Open Space Zone. Four findings must be made in order to approve a Conditional Use Permit. These findings, elaborated in the attached Planning Commission resolution, deal primarily with the project's compatibility with the General Plan, desirability for the community, and compatibility with its site and surroundings. As discussed in Section A above, La Costa Canyon Park is consistent with the applicable elements of the General Plan. The park is desirable for the community as it provides public open space and passive and active recreational opportunities within walking or bicycling distance of many homes. The park also helps to meet the Growth Management Performance Standard for park acreage in the Southeast Quadrant. Regarding compatibility, the park's amenities are appropriate for its residential location, and the amenities fit easily on the park site. Furthermore, many park amenities are separated from nearby homes by the undeveloped areas of the park. The two lighted tennis courts, for example, are situated near the middle of the park and are setback a minimum 75-feet from the nearest homes to the south, and over 300-feet from homes to the north. Compatibility of the park with its serving street system is another finding that must be made. La Costa Canyon Park is accessed from La Costa Avenue by Quinta Street, Del Rey Avenue, and Pueblo Street. With the exception of La Costa Avenue, these streets are local streets designed to CUP 05-05 - LA COSTA CANYON PARK July 20,2005 Page 5 carry low volumes of traffic typical of residential neighborhoods. La Costa Canyon Park's size and amenities are appropriate for the neighborhood and are not oriented toward attracting community or regional users who may increase street traffic. In the attached resolution, staff has proposed a condition that would allow the Planning Director to approve minor additions and new accessory buildings at La Costa Canyon Park without the need to amend the Conditional Use Permit. Such improvements would need to be consistent with the public use and enjoyment of the park. Under the proposed condition, additions to existing buildings could not exceed ten percent of the existing floor area, and new buildings could not exceed 1,500 square feet. £. Zone 6 Local Facilities Management Plan La Costa Canyon Park is located within Local Facilities Management Zone 6. There are no special development conditions in the zone plan that would apply to the existing park, and all public facilities needed to serve the park exist. Therefore, the project is consistent with the provisions of Local Facilities Management Zone 6. / V. ENVIRONMENTAL REVIEW Staff has determined that the La Costa Canyon Park Conditional Use Permit is exempt from the California Environmental Quality Act (CEQA). This exemption is pursuant to CEQA Guideline 15301, Existing Facilities. This Guideline exempts the permitting of existing public facilities and structures when little or no expansion is proposed. The City will file a Notice of Exemption with the County Clerk if the Planning Commission approves the project. ATTACHMENTS; 1. Planning Commission Resolution No. 5934 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Reduced Exhibit 6. Exhibit "A" dated July 20, 2005 EXHIBITS Planning Commission Minutes July 20,2005 Page 2 1. CUP 95-07x2 - SDG&E COMMUNICATION FACILITY - Request for an extension of CUP 95-07x1 to allow the continued operation of a wireless communication facility located on the 400-foot tower within the Enclna Power Plant at 4600 Carlsbad Boulevard In Local Facilities Management Zone 3. 2. CUP 00-22x1 - RANCHO LA COSTA VILLAGE - Request for a 5-year extension of CUP 00-22 to allow the continued operation of a drive-thru prescription drug window at 7760 Rancho Santa Fe Road In Local Facilities Management Zone 11. 4. PCD 05-02 — 1212 OAK AVENUE - Request for approval of a Planning Commission Determination to allow two panhandle lots as part of a four-lot minor subdivision on 1.1 acres located on the north side of Oak avenue, east of Pio Pico Drive, In Local Facilities Management Zone 1. 5. CUP 05-02 -VERIZON WIRELESS FACILITY - Request for a Conditional Use Permit to allow the installation of an unmanned Wireless Communication Facility on a 1.77-acre site located at 2710 Loker Avenue West In the P-M Zone and Local Facilities Management Zone 5. 7. SDP 05-02 - FARADAY LOT 6 OFFICE BUILDING - Request for approval of a Site Development Plan to develop a three-story, 97,500-square-foot office building on a vacant 4.74-acre property located south of Faraday Avenue and on the west side of , Priestly Drive In the Local Facilities Management Zone 5. Mr. Neu stated Items 1, 2, 4, 5, and 7 are normally heard in a public hearing context; however, they appear to be minor In routine and nature with no outstanding issues and Staff is recommending approval. He recommended the public, hearing be opened and closed, and that the Commission take all items as a group and proceed with a vote as consent. If the Commission or any members of the public wish to pull the items, Staff would be available to respond to any questions. Chairperson Segail asked if the Commissioners or any members of the public wished to pull Items 1,2,4, 5, and 7 or speak on one of the Items, Chairperson Segail asked Staff to pull Item 5, as there was a member of the audience who wished to speak on the item. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, to approve Hems 1, 2,4, and 7, based on the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Segail, Commissioners Baker, Cardosa, Montgomery, and Whitton NOES: None ABSENT: Commissioners Domlnguez and Heineman Chairperson Segail closed the public hearing on Items 1, 2 4, and 7 and asked Assistant Planning Director Don Neu to Introduce the next Item. 3. CUP 05-05 - LA COSTA CANYON PARK - Request for a Conditional Use Permit for the existing La Costa Canyon Park, which is located on a 14.85-acre site on Pueblo Street, located north of La Costa Avenue and west of Cadencia Street In Local Facilities Management Zone 6. Mr. Neu introduced Mem 3 and stated Associate Planner Scott Donnell would make the Staff presentation. Chairperson Segail opened the public hearing on Item 3, Mr. Donnell gave a detailed presentation on La Costa Canyon Park. He discussed communication received In regards to concerns about excessive noise problems with the full size basketball court, use of profanity during games, dogs off their leash, bullying of neighborhood children, and litter. Mr. Donnell concluded his presentation and stated Staff would be available to answer any questions. Planning Commission Minutes July 20,2005 Page 3 Chairperson Segall asked if there were any other questions of Staff. Commissioner Baker asked for discussion from Staff or the Parks Department regarding the suggestion received about turning the full size basketball court into a half court and possibly creating a full size basketball court at Stagecoach Park. She asked if the Police Department would be able to have en effect on reducing some of the problems mentioned In the communication received by Staff. Public Works Supervisor Dale Schuck responded that there is not a full size basketball court at Stagecoach Park and that to create one, it would need to be approved by several Commissions, incorporated tn the budget process, and that the estimated cost would be In excess of $75,000. Mr. Schuck stated his concerns on changing the full size basketball court at La Costa Park to a half court and that a policy decision change would need to be made after discussion with the residents. Commissioner Baker asked if one of the basketball goals could be removed. Parks Superintendent Kyle Lancaster responded stating one of the basketball goals could be removed, but stated his concerns that this may not reduce the problems with foul language and excessive noise. Commissioner Baker asked what the Police Department has done when and if they have been called to alleviate the problems. Mr. Lancaster staled the Police Department have only responded when Ihey have been called, on a complaint basis, and the neighbors have limited their calls Jo the Police Department, as they do not feel this is an appropriate use of the service. Mr. Lancaster stated he has encouraged the neighbors to contact the Community Relations Officers because they are available to assist with these types of community Issues and provide additional patrols. ' Commissioner Baker asked if there were any other parks in the City that encounter these problems. Mr. Lancaster stated it is presumed the same issues may be present at various parks, but no complaints have been received. Commissioner Baker asked.if the Police Department is willing to assist by showing up at the park when complaints are received and would this stop some of the occurring problems. Mr. Lancaster stated the Police Department would respond as necessary in an effort to curtail the activity. Chairperson Segall asked why sport courts are conditional uses In parks. Mr. Donnell stated this is to ensure the activities associated with these uses fit into the surrounding community, and that it allows the City to regulate the activity or use. Chairperson Segall asked what the setback is for this particular basketball court in regards to the homes and if they were lit for night games. Mr. Donnell stated the basketball court is approximately 10 feet below the homes and about 30 to 40 feet away, and that they do have lights for evening games. Chairperson Segall asked ff the parking was sufficient for the use of the residents and the people who are using the full basketball court. Mr. Donnell responded the park meets all the parking requirements and standards. Chairperson Segall asked about the process In which the parks are developed and set up and stated that the communication received mentions that since the park Is well lit, full sized and secluded it is being used by people outside the community and is creating a problem for residents. Park Development Manager Mark Steyaert stated the park had been developed before the homes were built and that the uses in La Costa Park may not be considered for uses In newer park developments. Mr. Steyaert also stated that since the park Is secluded that people who live outside a ten-mile radius from the park, such as in Oceanside, probably would not use the park. Chairperson Segall asked if this park offers something that other parks do not have that would attract people from outside the Immediate neighborhood and causing a potential problem. Mr. Lancaster stated that approximately three other parks within the City offer full size basketball courts that are well used. Mr. Lancaster stated there have been sporadic complaints received on this particular court's usage, but he Is not aware of a particular usage problem about a full parking lot or late night use. Commissioner Montgomery stated that in the communication received, It was asked If there Is a way for the residents to recoup the use of the park for themselves and Ihe children. Mr. Lancaster stated the Community Relations Officers would try to curtail Illegal activities and as well as disturbance of the peace Planning Commission Minutes July 20,2005 Page A activities; however, it would be difficult lo legally enforce efforts to curtail some activities. Mr. Lancaster stated there have been signs posted on the courts listing rules such as hours of operation, no fighting or use of profanity to assist in the consideration of the residents and children. Commissioner Montgomery asked if there were programs that allow children separate time to play and If it would alleviate some of the resident's problems. Mr. Lancaster stated there are no planned activities for children at this particular park through the Recreation Division, and that use of the facilities at La Costa Canyon Park are on first come basis. Commissioner Whitton asked if the referenced teams are neighborhood or coming from outside the community. Mr. Lancaster stated these are *pick-up games" where players show up on a particular day and time and are selected to play and it Is difficult to determine if they are from the neighborhood. Commissioner Whitton asked what happens If the community asked for the full size basketball court to be removed because of the continuous problems and noise it has created. Mr. Steyaert stated this park is for the community as a whole and it would be difficult to close the activities In parks that disturb nearby residents without eliminating all the facilities or parks. Commissioner Whitton asked rf there are any other parks in the City that have full size and lighted basketball courts that are as close (o the residential homes in this particular park. Mr. Steyaert stated the lighted baseball fields at Poinsettla Park are closer to the residential homes than this particular basketball court. Mr. Lancaster stated If there are continual problems then removal of the basketball court could be discussed during annual review of the CUP. t' Commissioner Cardosa asked if there is any other codified law that may be posted In relation to the issues to this particular park. Deputy City Attorney Ronald Kemp stated that the Penal Code could be posted. Commissioner Cardosa asked if there were any other laws that state hours of operation. Mr. Kemp stated the City Council could legislate an ordinance that regulated the hours. Mr. Lancaster stated he has requested that signs on the park to be changed to the hours of 8:00 a.m. to 10:00 p.m., and that games not start until 8:30 a.m. Chairperson Segall asked If there were any other questions of Staff. Seeing none, he opened Public Testimony. Linda Laspesa, 3014 Rana Court, Carlsbad, staled she has lived in the neighborhood since 1982. She slated the neighborhood has met with the Home Owner's Association, and complaints have been made to Parks and Recreation as well as the Police Department She stated some of the major Issues received from about 40 residents are: the particular group of players who have developed proprietary ownership of the court; players disregard of the Police Department, park employees and resident complaints; a number of players who are from the Oceanside area; inability of some residents with small children to use the park due to the players behavior; and dogs roaming freely. She thanked the Planning Commission and Staff for their assistance and concern with this matter. Chairperson Segall asked if there were any questions of Ms. Laspesa. Commissioner Baker asked if the Police Department has been called in these situations or If the residents are simply tolerating the problems. Ms. Laspesa stated complaint calls are limited as the Police Department Is not always able to respond, which causes neighbors to simply tolerate problems. Ms. Laspesa staled it Is fell the Police Department has limited resources and should not be concerned with this ongoing problem. Commissioner Baker asked if the park existed when Ms. Laspesa purchased her home. Ms. Laspesa stated the park existed, but the basketball court was still under development and problems have evolved over the years. Ms. Laspesa stated the suggestion of a half court is not to denying use of the park, but a way to move the full court basketbaH games to a park such as Stagecoach Park and alleviate some of the problems. Chairperson Segall asked If the noise was noticeable In within her home. Ms. Laspesa stated there is a resonating effect throughout the canyon and the player's conversation can clearly be heard within the homes. Planning Commission Minutes July 20,2005 Page 5 Chairperson Segall asked if the same players would always be present If a person were to show up on a Saturday morning. Ms. Laspesa stated It is mostly Sunday mornings at present, but in the past It had also been on Saturday momfngs. Chairperson Segall asked at what time the players normally arrive. Ma. Laspesa stated players arrive around 8:00 a.m., the problems begin about 10:00 a.m., and the games end between 11:00 a.m. and 12:30 p.m. Chairperson Segall asked if the players bully the children off the court if they are present. Ms. Laspesa staled the parents and children don't frequent the park on the weekend mornings because of the players, but during the week there are players who come after work and force the children off the court. Chairperson Segafl asked if there were any other questions or rf any other members of the audience wished to speak on the item. Suzanne Rosser, 3012 Rana Court, Carlsbad, reiterated Ms. Laspesa's concerns and stated her own concerns as a parent with small children and not being able to use the park during Sunday mornings as well as Friday afternoons during the school year. Ms. Rosser thanked the Parks Department for all their work. Chairperson Segali asked if there were any other questions or If any other members of the audience wished to speak on the item. Seeing none, he closed Public Testimony. Chairperson Segail asked if Staff would like to respond to the public comments or if the there were any questions of Staff. Seeing 'none, he asked if the Commissioners had any questions or comments. Chairperson Segatl asked If this issue should be referred to the Parks and Recreation Department and their Commission. However, he proposed haying an informal review within a six-month period once Parks and Recreation has time to respond to the issue. Mr. Neu recommended allowing the Parks and Recreation Staff time to attempt to resolve the issue operationally and if there is a continued problem then Staff could bring the CUP before the Planning Commission for amendments. Commissioner Baker thanked the public for suggesting alternative solutions, but stated her concerns about restricting who is able to use the parks. She recommended allowing the Parks and Recreation Department one year to resolve any issues and then modify the CUP ff there are continued problems. She suggested that the Police Department show up on Sunday mornings in an effort to show the players that they will act on any problems. Commissioner Baker slated she Is in favor of approving the CUP. Commissioner Whltlon stated the Planning Commission has completed their job by recording the Public Testimony comments. He recommended allowing the Parks and Recreation time to respond to the problems and is also In favor of approving the CUP. Commissioner Cardosa stated he is In favor of approving the CUP and would like to see a report within six months. He stated with Parks and Recreation and the Police Departments diligence the problem can be resolved. Commissioner Montgomery stated the problem may still exist within six months and some physical modification might resolve the issue, but Is in favor of approving the CUP. Chairperson Segall asked if the Planning Commission would like to hear a report within six months. Commissioner Baker asked the Parks and Recreation Staff If six months would be sufficient to provide a report the effects of the Police Department presence. Mr. Lancaster stated this would allow adequate time to review park activities with the Police Department, but that one year would allow time to have a complete report of the Impacts. Commissioner Baker suggested a six-month review. Chairperson Segall asked if there was a consensus among the Commissioners for a six-month review. All Commissioners concurred. Chairperson Segall asked if this would be a formal or informal review. Mr. Neu staled the Commission would only receive a report, but recommended a Public Hearing If the Commission would like the option to make adjustment to the CUP. Planning Commission Minutes July 20,2005 Page 6 Commissioner Whitton stated he preferred a report. Commissioner Baker asked if the public would be noticed on a report. Mr. Neu stated that the 600' radius noticing could be used. Chairperson Segall asked if the public could still address the Commission if it is not a Public Hearing Item, and Mr. Kemp stated the public could address the Commission prior to the meting. Commissioner Baker stated her concerns and that she would like them to have the opportunity to address during the report. Commissioner Whitton recommended sending the report to the public. Chairperson Segall staled his concerns that the Commission would not be able to ask the public any questions. Commissioner Baker recommended having a Public Hearing. Mr. Lancaster stated Ms. Laspesa offered to be the neighborhood representative and could comment on if (he progress is agreeable to the community. Ms. Laspesa slated she would continue to be the neighborhood contact, but preferred a Public Hearing to address the issue. Chairperson Segal! asked if there was a consensus to have a public hearing and all Commissioners concurred. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5934 approving Conditional Use Permit CUP 05-05, based upon the findings and subject to the conditions contained therein, incorporating a condition to return in six months to a Public Hearing to discuss the status of the CUP. DISCUSSION Chairperson Segall thanked Ms. Laspesa for her letter. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioners Baker, Cardosa, Montgomery, and Whitton NOES: None ABSENT: Commissioners Dominguez and Heineman Chairperson Segall closed the Public Hearing on Item 3 and asked Mr. Neu to introduce the next item. 5. CUP 054)2 - VERIZON WIRELESS FACILITY - Request for a Conditional Use Permit to allow the installation of an unmanned Wireless Communication Facility on a 1.77-acre site located at 2710 Loker Avenue West in the P-M Zone and Local Facilities Management Zone 5. Mr. Neu Introduced Item 5 and stated Assistant Planner Greg Fisher would make the Staff presentation. Chairperson Segall opened the Public Hearing on Item 5. Mr. Fisher gave a description and location of the wireless facility and stated the project Is In compliance with all regulations and requirements. He concluded his presentation and slated he would be available to answer any questions. , ^ v. „ _„. ,. Re'rCgnjjti'onal _Us£ Permjtjor La .Costa Canyjin Parlk_&_Cleaning Co. EXHIBITS From: Scott Donnell To: Kyle Lancaster Date: 09/27/2006 4:50:09 PM Subject: Re: Conditional Use Permit for La Costa Canyon Park & Cleaning Co. Kyle, I spoke with Ms. Laspesa. She pretty much repeated what she had put in her email below. She indicated things were better then before. I indicated to her I would shoot for the 11/15 PC meeting and asked her if that would work alright with her schedule. I was thinking that that date might affect plans she may have to get a group together or further meet with you. She felt 11/15 was okay, and also indicated the neighborhood might form a committee to deal with the park problems. She also let me know about a parking lot cleaning company that apparently cleans the park parking lot between 5 and 6 a.m. She asked if the cleaning could be done any later. I'm passing this on to you so you are aware of her concern and because she would like a reply. Thanks Scott >» Kyle Lancaster 09/22/2006 10:48:55 AM >» Dear Ms. Laspesa- In terms of the follow-up meeting to review of the Conditional Use Permit for La Costa Canyon Park, I have copied Associate Planner Scott Donnell on this message for a response. I can assure you, however, that after posting the supplemental signage at the park/court, the site did receive periodic monitoring by the Community Policing Officers. I received several reports from Corporal Dave Douglas indicating that the playing of the basketball games was generally found to be in an acceptable manner. On selective occasions, the assigned officers also made contact with the players and advised them of the concerns that had been raised by neighbors. My strong presumption is that if dogs were observed tied to trees and barking on those occasions, the players would have also been advised of the need to remove the dogs. I personally inspected the site on a few weekends as well. As with the Community Policing Officers, I found the play of the basketball games to be normal and acceptable. The only dogs I observed on my visits were not associated with the basketball games, but rather, their owners were taking them directly from the parking lot to the trail entry. Although I would agree that the concept of posting additional signage and monitoring the site was not intended to target specific individuals, it was intended to regulate specific behavior/actions. If there are two individuals that are instigating or exhibiting the recent unruly behavior/unpermitted actions, I would ask that you contact Corporal Douglas (760) 931-2217 soon with personal descriptions, and contact the main Police Dispatch (760) 931-2197 when these behaviors/actions are occurring. I have also copied Corporal Douglas on this message so that he can arrange for appropriate patrols by the Community Policing Officers. The tot lot improvement project that has commenced on site has been in the design/budgeting/bidding stages for approximately three years. It is not an expansion of the existing tot lot foot print, but simply a replacement of former equipment that became outdated for ADA compliance, and older seating that was removed. The park was designed and constructed with two adjoining sections of age diverse tot lot equipment. One of those structures was removed a few years ago, leaving vacant sand. We are now replacing that structure and adding some shaded seating for the parents. 2>o Although the neighbors you have spoken with have not requested the replacement play equipment, that particular tot lot is a well utilized park amenity, and will benefit the community as a whole. In addition, this work is not being performed 'in lieu of fixing an existing problem.' We certainly respect your comments regarding the basketball players/dogs, and we have attempted to address your concerns through the signage and monitoring program noted. The initial decision to not convert the one full basketball court to two half courts was not strictly based on available funding, but more over on the belief that the conversion would not necessarily eliminate the issues that had been raised (noise/language/fighting/barking). I am very willing to meet with you to discuss these items further, and review the available options. Please suggest a day/time for the meeting and I will check on the schedule. I will be glad to drive out to the park, if that is most convenient for you. Respectfully, Kyle Lancaster Parks Superintendent City of Carlsbad (760) 434-2941 >» "Linda Hanson Laspesa" < LHansonLaspesa@adelphia.net > 09/21/06 10:30 PM >» I am recently in contact with several neighbors as we are all aware that the followup meeting to the 6 month "review" of the conditional use permit did not occur. We continue to have ongoing problems with the unauthorized dogs is park on Sunday mornings along with abusive basketball players. It appears that the neighborhood concensus is that the players appeared to be more respectful for a period of time, but have now reverted to the same behavior as prior. There have been 2 particular individuals in the Sunday AM group that seem to be the instigators of the noise/abusive language/fighting/barking dog tied to tree in park. These two don't always play each Sunday at Sam (thank you!) but in general the games/players are tolerable without them. How to handle, I don't know, as we are not specifically targeting individuals. I've been in touch with the Community Service Officer - who frankly seems not overly concerned. Since there is currently a project going on as we speak in the playground to add a rock climbing area/other play equipment, those of us who voiced our concerns and ideas about converting the basketball courts to half-court play don't understand why there are funds for this additional play equipment, but NOT to convert the courts?!?! To my knowledge, NONE of us in the neighborhood have requested additional play equipment in lieu of fixing an existing problem. Again, I am speaking on behalf on the "silently suffering" whose needs don't seem to be getting met. Perhaps a followup meeting with you prior to the next board meeting might be in order? Please contact me at 760.436.6116 or via email, and I will attempt to organize. Thank you, Linda Laspesa La Costa Canyon Park Area Resident Original Message From: "Kyle Lancaster" < Klanc@ci.carlsbad.ca.us > To: < LHansonLaspesa@adelphia.net > Cc: "David Douglas" < ddoug@ci.carlsbad.ca.us >; "Dale Schuck" < DSchu@ci.carlsbad.ca.us >; "Greg Clavier" < Gclav@ci.carlsbad.ca.us >; "Joe Pimentel" < Jpime@ci.carlsbad.ca.us >; "Jerry Rodriguez" < Jrodr(5)ci.carlsbad.ca.us >; "Ken Price" < Kpric@ci.carlsbad.ca.us >; "Lloyd Costa Cla^^ . ..... EXHIBIT? From: Kyle Lancaster To: Linda Hanson Laspesa; Ursula Centers Date: 09/28/2006 1:44:50 PM Subject: RE: La Costa Canyon Park - Parking Lot Sweeping You're very welcome. The contract with the subject street sweeping company was recently revised. We will certainly direct the contractor to avoid sweeping the La Costa Canyon Park after 7am from this point forward. Our Parks Maintenance Staff has also previously been advised not to use power (noise generating) equipment on such sites until after 7am. I again apologize for the 4:30am disturbance caused by the sweeping company. Other City sites will be scheduled for these early morning hours. -Kyle Lancaster >» "Centers, Ursula" <ursula.centers@pfizer.com> 09/28/06 12:10 PM >» Thanks you so much for addressing this. I will say that I was FURIOUS to be woken up at that hour and can't imagine how families with kids reacted. IN general, there seems to be little consideration of the fact that this park in located in the middle of a quite, residential community. The schedule for regular maintenance should be looked at so that a park like Stagecoach is first on the daily schedule. Ursula Centers ----- Original Message ----- From: Linda Hanson Laspesa [mailto:LHansonLaspesa@adelphia.net1 Sent: Thursday, September 28, 2006 10:35 AM To: Kyle Lancaster Subject: Re: La .Costa Canyon Park - Parking Lot Sweeping You're welcome, and thanks for addressing. Just saw my neighbor who'd called after they'd arrived at 4:30 am, and let her know to spread the word that it's been addressed. We'll all appreciate the extra sleep! - — Original Message ----- From: "Kyle Lancaster" <Klanc@ci. carlsbad. ca.us> To: <LHansonLaspesa@adelphia.net> Cc: "Clayton Dobbs" <Cdobb(o)ci.carlsbad.ca.us>: "Dale Schuck" <DSchu(S)ci. carlsbad. ca.us>: "Greg Clavier" <Gclav(g)ci. carlsbad. ca.us>: "Paul Meadows" <pmead@ci. carlsbad. ca.us>: "Scott Donnell" <Sdonn@ci. carlsbad. ca.us> Sent: Wednesday, September 27, 2006 6:01 PM Subject: La Costa Canyon Park - Parking Lot Sweeping > Ms. Laspesa- > Scott Donnell informed me that you had expressed a concern regarding > the City's contract street sweeping company providing service to the La > Costa Canyon Park parking lot between 5am and 6am. This contractor was > recently directed to provide service to such lots twice a month. ' ^ejlancaster - RE: La .Costaj5anyon_Park - > We will request that the contractor not sweep the La Costa Canyon Park > parking lot until after 7am from this point forward. I apologize for > any prior disturbances. > > Thank you for bringing this item to our attention. > -Kyle Lancaster LEGAL NOTICE Unless expressly stated otherwise, this message is confidential and may be privileged. It is intended for the addressee(s) only. Access to this E-mail by anyone else is unauthorized. If you are not an addressee, any disclosure or copying of the contents of this E-mail or any action taken (or not taken) in reliance on it is unauthorized and may be unlawful. If you are not an addressee, please inform the sender immediately. CC: Clayton Dobbs; Greg Clavier; Joe Pimentel; Paul Meadows The City of Carlsbad Planning Department EXHIBITS A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: November 15, 2006 Application complete date: April 28, 2005 Project Planner: Scott Donnell Project Engineer: David Hauser SUBJECT: CUP 05-05 - LA COSTA CANYON PARK - Review of the approved conditional use permit for La Costa Canyon Park, a community park on Pueblo Street, located north of La Costa Avenue and west of Cadencia Street in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6200 FINDING that La Costa Canyon Park does not have a substantial negative effect on surrounding properties or the public health and welfare and that the findings and conditions of Planning Commission Resolution No. 5934, including the condition requiring annual review of Conditional Use Permit CUP 05-05 by the Planning Director, are adequate, based upon the finding contained in Planning Commission Resolution No. 6200. II. INTRODUCTION At its July 20, 2005 meeting, the Planning Commission approved a conditional use permit (CUP) for La Costa Canyon Park. The park, completed over 20 years ago, lacked a CUP, which is necessary for the facility's tennis, volleyball, and basketball courts. The Planning Commission approved the CUP, but because of concerns expressed by residents living near the park about some of the park users, voted to discuss the status of the permit at a public hearing in six months. Staff workload prevented the scheduling of this item within the stated time frame. Attached are the staff report, approving resolution, and minutes from the July 20, 2005 meeting. III. PROJECT DESCRIPTION AND BACKGROUND La Costa Canyon Park is a 14.85-acre facility featuring play equipment, a sand volleyball pit, two lighted tennis courts, a lighted basketball court, lawn and picnic areas, and meandering trails. A large portion of the park consists of an undeveloped canyon and hillside: Serving park patrons are a 26-space parking lot and restrooms. The park has an Open Space General Plan designation and a Planned Community (P-C) zone in recognition of the fact that the park is part of the La Costa Master Plan. The facility is identified as a community park by the General Plan Parks and Recreation Element and as a public park by the La Costa Master Plan. The Master Plan states that the park is subject to the standards of the St. CUP 05-05 - LA COSTA CANYON PARK November 15,2006 Page 2 Open Space (O-S) Zone. According to the Zoning Ordinance, public parks are permitted uses while tennis, volleyball and other sports courts are conditional uses in the O-S Zone. In response to the July 2005 public hearing notice for the CUP, a resident living near the park sent an email to the City (dated July 15, 2005, and attached). The email, which was distributed to the Planning Commission, described several concerns that park neighbors have with the park that were primarily related to weekend use of the basketball court. The concerns, reiterated by this and another park neighbor at the public hearing, are listed below: • Non-residents who fill the park parking lot and dominate use of the basketball court, which prevents access by neighborhood residents and children • Early morning excessive noise on the weekends by basketball players • Loud arguments and frequent profanity by basketball players • Players' disregard of requests from residents, park employees, and the police for reasonable behavior • Litter around the basketball court • Dogs either restrained or loose in the park The residents also noted in both the email and at the hearing that the problems had been ongoing for several years and caused the park to be unusable at certain times, particularly by parents with small children. As a solution, the email suggested the full-size basketball court at La Costa Canyon Park be converted to a half court facility. In exchange, one of the existing half-courts at nearby Stagecoach Park could be changed to a full court facility. In addition, at the public hearing, both residents and city Parks and Recreation Department staff noted Carlsbad Police had responded to complaints received regarding the problems at the park. Following the public hearing, the Planning Commission voted to approve the CUP for La Costa Canyon Park. The approval included a modification (in bold) of the standard condition regarding review of the CUP: This Conditional Use Permit shall be reviewed by the Planning Director within six months of the effective date of this approval at a noticed public hearing and thereafter annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. The basketball court at La Costa Canyon Park is situated near the front of the park, just beyond the parking lot. The court is lighted and about ten feet below and 30 to 40 feet away from the nearest homes, which are separated from the basketball court by a landscaped slope. IV. ANALYSIS In response to the concerns cited by residents, the city's Parks and Recreation Department took the following steps, most of which commenced before or soon after the July 2005 public hearing: CUP 05-05 - LA COSTA CANYON PARK November 15, 2006 Page 3 • Installed two signs at the basketball court requesting park users to be respectful of neighbors and refrain from littering, fighting, loud noises, and profanity. • Requested parks maintenance staff to closely monitor the basketball court area for litter. • Advised the Police Department of the residents' concerns, including the presence of dogs. • Corresponded with one of the concerned residents and provided that resident with contact information for appropriate parks and recreation department and police department personnel. • Monitored the park on weekends when basketball games were underway. Carlsbad Community Policing Officers also periodically monitored the site. All monitoring efforts revealed basketball games were proceeding in a generally normal, acceptable fashion. Furthermore, on selective occasions, the Community Policing Officers made contact with players and advised them of the concerns that had been raised by the park's neighbors. • Based on monitoring efforts, noted that dogs visible did not appear to be associated with the basketball games but rather with owners walking their dogs from the parking lot to adjacent trails. (Note: It is not known if police officers observed any dogs.) • Recently installed a basketball court sign stating "no basketball allowed prior to 8:30 AM." This sign replaced a similar sign that prohibited basketball prior to 8:00 AM. Additionally, a "no dogs allowed" sign has been located for quite some time at the park entrance. Dogs are not permitted in any city park pursuant to Municipal Code Sections 11.32.030(11) and (23). Pictures of this and the other signs mentioned above are shown below. '•sak^j'X t~4i-*f^'" * Furthermore, the park entrance sign pictured above, which advises that park hours begin at 7:00 AM, is scheduled to be replaced by a new sign informing that park hours begin one hour later at 8:00 AM. Regarding the resident suggestion that the basketball court be converted from a full to half court facility, Parks and Recreation Department staff believe that conversion would not necessarily eliminate the offensive behavior. Parks and Recreation Department staff notes that two half courts might actually draw more players, as four teams, rather than two teams, could play. Additionally, there are both policy and budget implications associated with a conversion of CUP 05-05 - LA COSTA CANYON PARK November 15,2006 Page 4 courts at both La Costa Canyon and Stagecoach Parks. Among other things, discussion with neighborhood residents and park users should occur before changes to facilities at either park are made. Another option expressed in the attached email is that one of the basketball hoops at the La Costa Canyon Park be lowered to discourage full court play. While this may be desirable for younger children, Parks and Recreation Department staff worry that a lowered hoop would encourage adult slam dunk contests and possibly result in damaged equipment. In September 2006, Parks and Recreation Department staff received an email from the same resident who had written the previous email. The latest email reports that the neighborhood continues to have problems with unauthorized dogs and basketball players, primarily on Sunday mornings. The email notes that basketball players appeared to have exhibited a more respectful conduct for a period of time. However, while the basketball games and players are generally tolerable, the unpleasantness of the past once again was a problem due primarily to the behavior of two individuals. The email also described the presence of a barking dog tied to a park tree. Parks and Recreation Department staff replied to the email and requested that the resident contact a specific individual in the Police Department as well as Police Dispatch when any offensive actions are occurring. Department staff also offered to meet with the resident should the resident desire. Staff acknowledges concerns expressed by neighbors over the basketball court at La Costa Canyon Park. Likely, similar problems occur periodically at other city parks as well. When unpleasant situations occur, the Parks and Recreation Department and, when necessary, the Police Department, have procedures, rules, and staff in place to respond to and address situations appropriately. As demonstrated by the City's response to neighbors' concerns, problems with the basketball court, although they may not be resolved, are and will continue to be addressed as needed. Based on existing and ongoing efforts by the city to address neighborhood concerns and meet with residents, the Planning Department believes problems with the park are being and will continue to be appropriately monitored and addressed. Accordingly, the Planning Department recommends the Planning Commission find that (1) La Costa Canyon Park, and particularly its basketball court, do not have a substantial negative effect on surrounding properties or the public health and welfare; (2) the findings and conditions of Planning Commission Resolution No. 5934 remain adequate; and (3) annual review of the park CUP by the Planning Director, as the standard condition requires, is adequate. V. ENVIRONMENTAL REVIEW The original approval and current review of the La Costa Canyon Park CUP are exempt from the California Environmental Quality Act (CEQA). This exemption is pursuant to CEQA Guideline 15301, Existing Facilities. This Guideline exempts the permitting and operation of existing public facilities and structures when little or no expansion is proposed. After the Planning Commission's approval of the CUP in 2005, the City filed a Notice of Exemption with the County Clerk. ATTACHMENTS: CUP 05-05 - LA COSTA CANYON PARK November 15, 2006 Page 5 1. Planning Commission Resolution No. 6200 2. Planning Commission staff report dated July 20, 2005 3. Planning Commission Resolution No. 5934 4. Planning Commission meeting minutes dated July 20, 2005 5. Email dated July 15, 2005 6. Location Map 7. Background Data Sheet 8. Reduced Exhibit 9. Exhibit "A" dated November 15, 2006 EXHIBIT 9 Planning Commission Minutes November 15, 2006 remedy. Commissioner Segall asked which business would be cited in the case of parking violations, Ms. Mobaidi stated Code Enforcement would determine which business is responsible for the issue. Commissioner Segall asked if the center would be responsible. Ms. Mobaldl stated the determination before the Commission applies to this particular applicant. Code Enforcement would first look to the applicant, and if they determine the applicant is not causing the parking problem, then Code Enforcement would look to the other business owners. Commissioner Segall stated the Commission is reviewing this project to make a determination that will protect the shared parking issue. He added if the lunchtime parking exceeds the anticipated numbers, he would like to see some safeguard in place. Ms. Mobaidi conferred with Acting Planning Director Don Neu and stated Staff prefers the language to be left as is. There is no continuing jurisdiction of the Planning Commission on this particular application; Code Enforcement would have to determine which of the businesses is causing the problem. Ms. Mobaidi added it would be a factual determination which would best be left to the future. The mandatory language in the Condition obligates this particular applicant to abide by their own representations with regard to parking. Commissioner Dominguez stated his support of the project and the reduction in the parking requirement for this particular use. He added this is a highly specialized and specific use that is allowed in this zone. The studies conducted satisfy any concerns about parking in the area. Commissioner Cardosa stated he believes The Boxing Club will be a reciprocal parking neighbor within the facility and offered support of the project. Vice Chairperson Baker asked if any member of the public wished to speak on Item 3. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6198 approving Planning Commission Determination PCD 06-01 based on the findings and subject to the conditions contained therein. VOTE: 5-0 AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Segall, and Whitton NOES: None ABSENT: Chairperson Montgomery and Commissioner Heineman Vice Chairperson Baker closed the Public Hearing on Item 3 and asked Mr. Neu to introduce the next item. 4. CUP 05-05 - LA COSTA CANYON PARK - Request for a Conditional Use Permit for the existing La Costa Canyon Park, which is located on a 14.85-acre site on Pueblo Street, located north of La Costa Avenue and west of Cadencia Street in Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 4 and stated that Associate Planner Scott Donnell would make the Staff presentation. Vice Chairperson Baker opened the Public Hearing on Item 4. Mr. Donnell gave a presentation and stated he would be available to answer any questions. He added Superintendent of Parks Kyle Lancaster and Police Corporal Scott Meritt were in attendance and available to answer questions. Vice Chairperson Baker asked if the Commission had any questions of Staff. 3"! Planning Commission Minutes November 15,2006 Page 5 Commissioner Segall asked if the letter of September 2006 that was mentioned in the Staff Report was included. Mr. Donnell stated the correspondence of September 2006 was in the form of an email sent directly to Staff and was not included in the report. Commissioner Segall asked for the details of that email, Mr. Donnell stated the email noted the previous problems seem to have subsided, but as of late there were problems associated with the basketball court that could be traced to two individuals and primarily on Sunday mornings. One of the individuals had a restrained dog in the park. Commissioner Segall asked what the residents could do to mitigate a situation like that. Mr. Donnell stated residents are advised to contact police dispatch. Commissioner Segall asked if the residents had, in fact, taken the suggested course of action. Mr. Donnell stated he did not know. Commissioner Dominguez asked if Staff had any knowledge of an allegation that one of the newly posted signs had been removed. Mr. Donnell stated he believes the allegation does not pertain to any recently posted signs and has to do with removal of a sign closer to the July 2005 hearing. Commissioner Dominguez asked If this alleged removal was recent event. Mr. Donnell stated he believes it is not. Commissioner Dominguez asked if either the Parks and Recreation or Police Departments have maintained any record of park monitoring or visits they may have conducted. Mr. Donnell stated he believes there is a record and Mr. Lancaster or Officer Meritt could respond to that. Commissioner Dominguez asked how many times City Staff had visited the park on Sunday mornings. Mr. Donnell stated he believes at least half a dozen contacts were made. Commissioner Dominguez asked if it is half of a dozen for both the Parks Department and the Police Department or half of a dozen for each department. Mr. Donnell stated Mr. Lancaster had been out to the park on at least half of a dozen occasions. Commissioner Dominguez asked how many times the Police Department had been out to the park to investigate. Mr. Donnell stated he was not aware of that number. Vice Chairperson Baker asked Mr. Lancaster and Officer Meritt to come to the front and answer this question. Mr. Lancaster stated, he had monitored the site on at least half a dozen occasions since the July 2005 hearing. He added on those instances he had observed the gamut of no activity on weekend mornings to full-court, five-on-five basketball games occurring. Most recently, this past Sunday there were five gentlemen on a shoot-around, not actually participating in a game, but simply shooting baskets. Mr. Lancaster stated the times of his visits to the park varied from 9:00 a.m. to 10:30 a.m., and during those time periods he had walked the park to observe the noise levels. He stated there was noise associated with the basketball games, but the noise was not any different than any other parks where sport games are taking place. He added that he had not observed any profane language, fighting, or any other abusive behavior. Officer Meritt stated he adopted the project in August 2006 from Corporal Douglas. Since that time he stated he has visited the park at least half a dozen times, mostly in the evening due to scheduling constraints. Officer Meritt added the only violations he had witnessed are from citizens who have had their dogs off-leash in the park. The two to three contacts of this type have been with residents of Hataca Road or the surrounding streets. Warnings were given and no citations were issued. Officer Meritt stated he has not witnessed any incidents in the park on Sunday mornings, but he has passed the information to the patrol shifts in the area on Sunday mornings. Officer Meritt stressed the Police Department is available at all times in the event of any behavior that is causing a disturbance to the public. Commissioner Segall asked what the normal course of action is if a citizen is found causing a disturbance and how "disturbance" is defined. Officer Meritt stated publicly cussing is within the first amendment rights of every individual. He added fighting is illegal and could be cited as a misdemeanor. Officer Meritt stated he did not bring specific statistics regarding each individual call to the park within the last year. He added, in his opinion, it is a minimal nuisance in the bigger picture of the Police Department's role. He reiterated the Police Department is completely available to address any issue at the park called in by one of the residents. Planning Commission Minutes November 15,2006 Page 6 Commissioner Segall asked what the ramifications are to any individuals who violate the posted, requested basketball start time of 8:30 a.m. Officer Meritt stated this issue is not a Code Enforcement issue and the Parks Department would address it. Mr. Lancaster stated basketball play is actually allowed by Municipal Code between the park's open hours of 8:00 a.m. and 10:00 p.m. Commissioner Segali asked what would be done in a case where people were found playing basketball at 7:30 a.m. Officer Meritt stated the hours of play indicated are per the Municipal Code; therefore, a citation could be written. Vice Chairperson Baker asked if the basketball court is lighted. Mr. Lancaster stated that it is. Commissioner Segall asked if other parks in the City have homes situated close to sports fields. Mr. Lancaster stated, in terms of basketball courts, La Costa Canyon Park probably has the closest one in proximity to the neighboring homes. Regarding other types of sport courts, this proximity is not unusual. The baseball fields in Poinsettia Park are very close to adjoining properties, and the homes in Calavera Mills are situated close to both soccer/baseball fields and basketball courts. Vice Chairperson Baker asked if the homes on Hataca Road are situated a bit higher than the basketball courts. Mr. Donnell stated the homes are situated approximately 10 feet higher and 30 to 40 feet back from the basketball courts. Commissioner Whitton asked if the homes across from the tot lot and the group of homes on Hataca Road were present when the recreation area was built. Mr. Lancaster stated La Costa Canyon Park was completed in 1982. Commissioner Whitton asked if the houses and the park were constructed concurrently. Mr. Lancaster stated the presumption is the park and homes were built within the same development and the park was connected to that housing tract. Commissioner Dominguez asked Officer Meritt if he had received any feedback from Corporal Douglas, the previous officer who was involved with this project. Officer Meritt stated that Corporal Douglas had informed him of his visits to the park during morning hours on the weekends. He added Corporal Douglas had observed normal basketball sportsmanship comparable to any other games being played at city parks. Commissioner Segall asked if the surrounding residents know the correct telephone number to call in the event they need to report an issue in the park. Officer Meritt stated the number is a publicly published number for the Carlsbad Police Department. He added if any resident had called 911 they would be directed to the appropriate number to report a non-emergency. Mr. Lancaster added the two residents who had contacted the Parks Department were given the non-emergency number and encouraged to call the Police Department whenever any undesirable activities occur. Commissioner Whitton asked if the non-emergency number for the Police Department is published on any of the signs located in the park. Mr. Lancaster stated the 911 emergency numbers is posted, but the dispatch number is not currently posted. Vice Chairperson Baker asked if there were any further questions of Staff; seeing none, she asked if any members of the audience wished to speak on Item 4. She reviewed the 'procedure to be followed and opened public testimony. Linda Laspesa, 3014 Rana Court, Carlsbad, stated her appreciation of the measures the City has taken to curtail the undesirable activities in the park. She added the changes she has witnessed have not addressed the situation as a whole. One of the issues that were previously discussed was the appropriate usages for a small community park such as La Costa Canyon. Ms. Laspesa stated the homes on Hataca Road pictured in the Staff presentation appear to be farther from the basketball court than they actually are. She added the basketball players do not practice appropriate behavior, and perhaps the placement of the basketball court was ill-conceived from the beginning. Ms. Laspesa added basketball by its very nature is an aggressive sport and fosters lesser desirable qualities in its participants. Commissioner Segall asked if Ms. Laspesa had observed bullying occurring in the park. Ms. Laspesa stated in the past she had witnessed bullying, but not during this past year. Commissioner Segall asked if Planning Commission Minutes November 15,2006 Page? this type of behavior was taking place at this point in time. Ms. Laspesa stated it is not happening nearly as much. Commissioner Cardosa asked Ms. Laspesa to indicate her residence on the posted map of the park and surrounding community. Ms, Laspesa approached the map and pointed to the location of her home on Rana Court. Angela Drees, 3016 Pueblo Street, Carlsbad, stated her concern about the tot lot area and its proximity to the basketball court. She added she has witnessed, in varying degrees, the consumption of alcohol, profane language, volatile behavior, and dogs in the park. Ms. Drees stated she had assisted unattended children in the tot lot and believes the guardians of these children were occupied with a basketball game. She added her family avoids the park during basketball games because of these reasons and safety concerns. Ms. Drees stated Sunday morning is by far the worst time and she does not feel the need to get involved by calling the police. She added this problem should be reviewed and resolved. Commissioner Baker asked if Ms, Drees has ever called the Police Department when she has encountered unpleasant behavior. Ms, Drees stated she has not. She avoids the park rather than going to the park, having an encounter, and calling the Police for assistance. Commissioner Whitlon asked when Ms. Drees became a resident of the community. Ms. Drees stated she moved into her home nine and one-half years ago and at that time the tot lot area, basketball court, tennis court, and volleyball court were present. She added the tennis court is a non-issue because of the nature of the sport and, even when both courts are fully engaged, the participants only occupy eight parking spaces. When a game is occurring, lobbing balls and grunting can be heard, but it is nothing like a full adult basketball game being played. Commissioner Segall asked Ms. Drees to indicate her residence on the posted map of the park and surrounding community. Ms. Drees approached the map and pointed to the location of her home on Pueblo Street. Commissioner Segall stated his presumption that the individuals who engage in the basketball games are not residents of the surrounding community. Ms. Drees stated she does not recognize any of the basketball players in spite of being in the area quite frequently. Commissioner Segall asked if the parking lot is full during the basketball games. Ms. Drees stated it is, and the surrounding streets are used as well. Commissioner Dominguez asked if Ms. Drees uses the tot lot on a regular basis. Ms. Drees stated she does. Commissioner Dominguez asked if Ms. Drees has observed a general time pattern of activities that prevent her usage of the tot lot. Ms. Drees stated Sunday morning games are the main problem. There are occasionally Saturday and weekday games that are not an issue. Tammy Lougee-Gretsch, 3102 Hataca Road, Carlsbad, approached the map, pointed to the location of her home on Hataca Road and stated she is situated 10 to 15 feet from the basketball court. Ms. Lougee-Gretsch stated she has three children ranging in age from two to ten years old and they all avoid the park on Sundays because of the noise, profanity, and loud radio volume, Ms. Lougee-Gretsch stated players line up at 7:30 a.m. to prepare for the game and, while in line, their discussions include inappropriate language. She added she has installed double-pane windows on her home to insulate her family from the sounds produced by the basketball games. Her family does not use their backyard and, in fact, they leave their residence on Sunday mornings in order to avoid the noise generated from the basketball games. She stated her husband plays on an adult basketball league that is held at the more appropriate location of Stagecoach Park. Ms. Lougee-Gretsch stated the parking overflows from the parking lot onto the streets in front of and to the side of her home. She stated she has witnessed unattended children in the tot lot who have required her assistance. Commissioner Whitton asked Ms. Lougee-Gretsch how long she has resided in her home. Ms. Lougee- Gretsch stated she has lived on Hataca Road for three and one-half years. Planning Commission Minutes November 15,2006 Page 8 Commissioner Whitton asked how many times Ms. Lougee-Gretsch has called the Police Department or the Parks and Recreation Department in response to the unacceptable behavior in the park. She stated she had called on one occasion when she first moved in, but now just avoids the situation. Commissioner Whitton asked why she chose this course of action. Ms. Lougee-Gretsch stated she believes her complaints will not be resolved. She added on the occasion she did call with regard to a barking dog, the police came and addressed the issue with the dog's owner. Commissioner Segal! asked if the only problem is the basketball court. Ms. Lougee-Gretsch confirmed this is her only complaint. Antonio Antunes, 3010 Rana Court, Carlsbad, stated he has two children ages four and seven. He added he had made a decision to avoid the. park a long time ago because of the vulgar language and violent behavior exhibited at the basketball games. Mr. Antunes stated he concurs with the statements made by his neighbors, but adds that he has called the Police Department on several occasions. He stated he called 911 in response to witnessing a fight involving flying beer bottles but by the time the police arrived, the people involved were clearing the area of the broken bottles. The police did place one person in the back of a police car. He stated on another occasion, three weeks later, the noise and language were so offensive he called the police for assistance. Mr. Antunes stated he waited for forty-five minutes and the police did not arrive. He added he believes there are records of these calls. Mr. Antunes does not believe that La Costa Canyon Park is an appropriate location for a full-size basketball court. He suggested changing the court into two half-courts by moving the poles from the ends and replacing them at the middle, back-to-back. Commissioner Whitton asked Mr. Antunes how long he has resided in his home. Mr. Antunes stated he has lived on Rana Court for eleven years, Commissioner Whitton asked when the incidents that Mr. Antunes described occurred. Mr. Antunes stated they both happened within the last year. Commissioner Dominguez asked if Mr. Antunes had 'ever participated in a community discussion regarding the proposal of removing the basketball courts. Mr. Antunes stated that he had spoken with someone at the City and made that suggestion. Ursula Centers, 3017 Pueblo Street, Carlsbad, stated her residence is located directly across the street from the entrance to the parking lot of the park. She added she has lived in the neighborhood for twenty years and selected this community because of its proximity to La Costa Canyon Park. Ms. Centers stated her family has avoided the park for the first seven years of her son's life and added she has persistently contacted the City on many occasions. She stated she has given up on the cause, and it is her belief that this is a poor use of police officer time and taxpayer dollars. Ms. Centers explained that her neighborhood is very small and the homes are virtually on top of the park. She added on Sunday mornings at 7:30 a.m., cars begin to converge on the community with their windows down and radios blaring. Ms. Centers stated she has witnessed the consumption of alcohol, unsupervised children, profanity, and aggressive behavior. She added that the basketball court is inconsistent with the intended use of the park. Suzanne Rosser, 3012 Rana Court, Carlsbad, stated she has lived in her home since the year 2001 and has two small children. She stated the basketball court is child-size and was originally placed beside the tot lot because it was intended to be used by children. Ms. Rosser stated her family avoids the park on Sundays between the hours of 8:00 a.m. to 12:00 p.m. but uses the park on Sunday afternoons and every other day of the week. Vice Chairperson Baker asked if there were any other members of the audience who wished to speak on this issue; seeing none, she closed public testimony. DISCUSSION Commissioner Whitton asked what impact would be felt as a result of removing the basketball court and replacing it with another type of sports court. Ms. Mobaldi stated the Municipal Code provides that it is the Park and Recreation Commission's power and duty to make recommendations to the City Council regarding specific facilities, both indoor and Planning Commission Minutes November 15,2006 Page 9 outdoor, within a park. She added if some current use were going to be removed and replaced, it would be more of a Park and Recreation Commission function and added she is not sure they would be prepared to address that in this context. Commissioner Whitton stated his understanding of Ms. Mobaldi's statement and his awareness that it is a Conditional Use Permit being addressed by the Planning Commission at the present hearing. He added the Planning Commission is being placed in a policing mode in terms of conduct at the park. Commissioner Whitton again posed the question of removing the basketball court and what ramifications might be experienced. Mr. Lancaster stated it would be feasible to remove the basketball court, but it is necessary to review this action from a communitywide perspective. He added the surrounding residents, neighboring communities, and other cities would be denied the use of an amenity that has been in place for twenty-plus years. Mr. Lancaster stated that it is his opinion changing the full-court to two half-courts would not necessarily resolve the issues of aggression and abusive language. He added two half-courts could potentially attract more players than one full-court. Typically, full-court basketball is played five-on-five and if the play is separated into two half-courts, each court could potentially have two three-on-three games or even two four-on-four games and the number of players is increased. If those players exhibited the same unacceptable behavior, the problem would only be compounded. Mr. Lancaster summarized that it would be possible to alter the recreational uses at the park, but this would entirely eliminate a significant portion of the park because of a weekly four-hour period of disruptive behavior. He added the Parks and Recreation Department has suggested to the residents they contact the Police Department when these behaviors are occurring. With regular enforcement the behavior will curtail to a level acceptable to the residents, while allowing the public to utilize the facility. Vice Chairperson Baker stated it seems the Commission is being asked to determine if the current usage of the park has a substantial negative effect on the surrounding properties, but it appears to have come down to the issue of the basketball court, not the whole park. Vice Chairperson Baker requested guidance from Ms. Mobaldi prior to continuing any discussion centering on a small portion of the park. Ms. Mobaldi stated the Planning Commission's determination focuses on the use of the park as a whole. She added the issues expressed regarding the basketball court are more appropriately Parks and Recreation Department and enforcement issues, and the Parks and Recreation Commission could review the basketball court issue. Commissioner Segall stated this Conditional Use Permit first came before the Commission in July of 2005 and at that time the Commission continued the item for six months. He added it is now over one year later and asked if the Parks and Recreation Commission had any involvement with this issue during this past year. Mr. Lancaster stated he is not aware of any Parks and Recreation Commission involvement. Commissioner Segall stated he feels this is the issue and the item should be referred to the Parks and Recreation Commission for a determination. He added he is ready to deny the Conditional Use Permit because no finding can be made based on the information provided. It seems the situation has deteriorated and any measures taken have not mitigated the problem. Vice Chairperson Baker asked if the Planning Commission has the ability to refer this matter to the Parks and Recreation Commission for review. Ms. Mobaldi stated the Planning Commission does not have that power, but if a consensus is reached to deny this recommendation, the City could appeal the decision and at that point the matter would move to'City Council and City Council has the authority to refer the matter to the Parks and Recreation Commission for review. Commissioner Dominguez stated the park was poorly designed twenty years ago and has had a problem for many years. He added he is amazed that no resolution to this matter has been found and is in agreement with Commissioner Segall. He stated he would not support the Staff recommendation to issue the Conditional Use Permit. Commissioner Dominguez stated the measures taken by the City to mitigate the situation during the past year were inadequate and, throughout this period of time, it is the neighborhood who has suffered a hardship. Commissioner Whitton asked if any opportunity exists where the Planning Commission could make a determination in favor of the Conditional Use Permit but remove the backboards from the basketball courts. He stated he is prepared to approve the Conditional Use Permit with the condition that the Planning Commission Minutes November 15, 2006 Page 10 basketball court is shut down until a further determination can be made by the Parks and Recreation Commission. Ms. Mobaldi requested a moment to confer with Staff. RECESS Vice Chairperson Baker recessed the meeting for a ten-minute break at 7:29 p.m. with all Commissioners present. MEETING CALLED TO ORDER Vice Chairperson Baker reconvened the meeting at 7:43 p.m. Ms. Mobaldi stated the best way to solve this issue is to deny the recommendation to approve the Conditional Use Permit. The City will have the opportunity to appeal the Planning Commission decision and the park will be in use pending appeal and final action by the City Council. The City Council can make a determination as to which uses are appropriate in the park or they can refer the matter to the Parks and Recreation Commission for their recommendation. Staff will return a resolution of denial to the Planning Commission should this be the chosen action. Ms. Mobaldi added in any hearing where a use of this type is being considered for discontinuation, Staff would probably perform some public noticing to allow all individuals affected by the action an opportunity to contribute to the discussion. Commissioner Whitton asked if the suggestion given by Ms. Mobaldi would allow the Planning Commission to make a recommendation for removal of the backboards from the basketball courts pending a determination by the City Council. Ms. Mobaldi stated the Planning Commission does not have the authority to take that action. Commissioner Segall asked how long the matter would take to appear on the City Council agenda and if the Planning Commission could suggest City Council expedite this matter. Ms. Mobaldi stated the applicant, the City of Carlsbad, has ten days to appeal the Planning Commission decision. At which time "the City Clerk shall schedule the appeal for hearing before the City Council as soon as practicable." as stated in Municipal Code, Title 21, §21.54.150. Ms. Mobaldi stated she could not give any definitive time frame. Commissioner Segall asked if the fees involved with an appeal would be paid by the City of Carlsbad. Ms. Mobaldi stated the appellant pays the associated fees, and Vice Chairperson Baker added the current fee amount is $870. Vice Chairperson Baker stated the Planning Commission has no authority to recommend removal of the basketball court or refer the matter to the Parks and Recreation Commission. In order to curtail the use of the basketball court during the four-hour period on Sunday mornings, the Planning Commission will have to deny the Conditional Use Permit for La Costa Canyon Park and allow the appeal process to move the matter to City Council for review and determination. Vice Chairperson Baker asked if there were any further questions of Staff or any further Commission discussion. Commissioner Whitton stated he is prepared to deny CUP 05-05 but wants the record to reflect his opinion that this denial has accomplished very little. The basketball court will still be in use and the questions about this usage remain. Commissioner Segall stated the action taken tonight will send a quick and clear message to City Council who he suspects will take expedient action. Commissioner Dominguez .encouraged the residents, who spoke on this item, to continue in their persistence and follow the matter to the City Council appeal hearing. Commissioner Cardosa urged the residents in this community to contact the Carlsbad Police Department whenever any significant issue exists. He added the demonstration by residents this evening was an outpouring of serious concern, but they seem to have dropped the ball with regard to contacting City Staff when issues are present. Planning Commission Minutes November 15, 2006 Page 11 MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission deny Planning Commission Resolution No. 6200 finding that La Costa Canyon Park does not have a substantial negative effect on surrounding properties or the public health and welfare and that the findings and conditions of Planning Commission Resolution No. 5934, including the condition requiring annual review of Conditional Use Permit CUP 05-05 by the Planning Director, are adequate, based upon the finding contained in Planning Commission Resolution No. 6200. VOTE: 5-0 AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, Segall, and Whitton NOES: None ABSENT: Chairperson Montgomery and Commissioner Heineman Commissioner Segall asked if the actual denial of the Conditional Use Permit with findings would be presented at the next Planning Commission meeting. Ms. Mobaldi stated the resolution of denial would be presented at the next Planning Commission meeting and it would include the concern over the basketball court as justification for the denial. Vice Chairperson Baker stated it is important to clarify the basketball court is the issue and not the park itself. Vice Chairperson Baker closed the Public Hearing on Item 4 and asked Mr. Neu to introduce the next item. 5. GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04- 23/HMPP 06-08 - POINSETTIA PLACE - Request for a recommendation of approval for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and recommendation of approval for a General Plan Amendment (GPA 04-12) to change the property's General Plan Land Use Designation from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS); a Zone Change (1C 04-08) to change the property's Zoning from Limited Control (L-C) to Residential Density-Multiple (RD-M) and Open Space (OS); a Local Coastal Program Amendment (LCPA 04-08) to change the Local Coastal Program Land Use and Zoning designations to be consistent with the City's General Plan and Zoning designations; a Tentative Tract Map (CT 04-10), Condominium Permit (CP 05-5), Hillside Development Permit (HDP 04-05), Site Development Plan (SDP 04-07), Coastal Development Permit (CDP 04-23), and Habitat Management Plan Permit (HMPP 06-08) for the subdivision of 20.4 acres into 2 residential lots for 90 condominiums and 3 Open Space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello I) segment of the Local Coastal Program and Local Facilities Management Zone 21, Mr. Neu introduced Agenda Item 5 and stated that Senior Planner Christer Westman would make the Staff presentation. Vice Chairperson Baker stated with a General Plan Amendment, four votes would be required for approval and asked if the applicant wished to proceed with only five Commissioners present. The applicant indicated his wish to proceed. Vice Chairperson Baker opened the Public Hearing on Item 5. Mr. Westman gave a presentation and stated Item 5 will first be reviewed by the Planning Commission where recommendations will be made to City Council. After review and approval by the Planning Commission and an affirmative decision by City Council, the Local Coastal Program Amendment will be heard by the California Coastal Commission. He added the bundled actions being heard at this evening's hearing will be contingent upon approval of the Local Coastal Program Amendment by the California The City of Carlsbad Planning Department EXHIBIT 10 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 6, 2006 Application complete date: April 28, 2005 Project Planner: Scott Donnell Project Engineer: David Hauser SUBJECT: CUP 05-05 - LA COSTA CANYON PARK - Adoption of findings to deny the Conditional Use Permit for La Costa Canyon Park, a community park on Pueblo Street, located north of La Costa Avenue and west of Cadencia Street in Local Facilities Management Zone 6. At its July 20, 2005 meeting, the Planning Commission approved a conditional use permit (CUP) for existing La Costa Canyon Park. The Planning Commission approved the CUP, but because of concerns expressed by residents living near the park about some of the park users, voted to discuss the status of the permit at a subsequent public hearing. The Planning Commission heard the CUP again at a public hearing on November 15, 2006. Based on additional resident comments expressed at the November hearing primarily about users of the park's basketball court, the Planning Commission voted to deny proposed Planning Commission Resolution No. 6200. This resolution recommended that La Costa Canyon Park did not have a substantial negative effect on surrounding properties or the public health and welfare and that the findings and conditions of Planning Commission Resolution No. 5934, including the condition requiring annual review of Conditional Use Permit CUP 05-05 by the Planning Director, were adequate. Based on the Planning Commission's action, staff has prepared the attached resolution of denial. The resolution includes the concern over the basketball court as justification for the denial. Subsequent to the November 15 meeting, staff reviewed possible options to denial of the CUP. A feasible alternative for Commission consideration is to continue this matter to no later than the April 4, 2007 meeting. Such a continuance would allow staff the opportunity to present the matter to the Parks and Recreation Commission, which in turn could review the issues about the basketball court and suggest ways and manners to resolve any problems. Following the Parks and Recreation Commission's analysis, staff would return the CUP to the Planning Commission for a noticed public hearing. Should the Planning Commission choose to deny the CUP, the denial action would be statutorily exempt from environmental review pursuant to Section 15270 of the California Environmental Quality Act (CEQA). This section states that CEQA does not apply to projects which a public agency rejects or disapproves. ATTACHMENTS: 1. Planning Commission Resolution No. 6224 (CUP Denial) EXHIBIT 11 December 6, 2006 Don Neu, Planning Director 1635 Faraday Avenue Carlsbad, California 92008 RE: La Costa Canyon Park Conditional Use Permit - Planning Commission Hearing Mr. Neu: It has come to my attention that the Planning Commission took an action to deny the Conditional Use Permit for La Costa Canyon Park, specifically expressing concerns relating to the basketball courts. My residence abuts the upper part.of La Costa Canyon Park and I too am-faced with various noise issues associated with the park use. Having said that when we purchased our home we were fully aware of the fact that we were going to be living adjacent to a Neighborhood Park and that while convenient it would pose certain challenges. There has rarely been an instance where we have not been able to resolve a noise or nuisance issue by simply talking to the park users. On the occasion where some of the park users become disrespectful or problematic we have been able to call the Carlsbad Police Department non-emergency number and they have assisted in those cases. My children and I use the basketball court quite frequently, we are regular users of all aspects of the park including the walking and jogging trails. I too can hear the rowdy basketball games on weekend mornings, I have gone by on several occasions and asked them to tone it down and in most cases they do. It would be extremely disappointing to have a facility that is primarily enjoyed by neighborhood children removed because of a handful of users that are causing problems. As our City continues to move towards more infill development the number of complaints about perceived incompatible uses will start to rise. As I jogged by the park last Sunday morning, the basketball game was in process and the noise coming from the basketball game was significantly less than the noise coming from the five families with screaming toddlers at the play structures. The play structures also abut a series of single-family homes. Is removal of the play structures next? I ask that you please forward my concerns (which are shared by many of my neighbors) to the Planning Commissioners. It is my hope that they reconsider their action on the Conditional Use Permit or at least continue the item in order to give the Park and Recreation Council an opportunity to consider the matter. Sincerely, Marcela Escobar-Eck Corona La Costa Homeowner's Association Resident [Click here and type slogan] EXHIBIT 12 Planning Commission Minutes December 6, 2006 Mr. Neu stated the parking space width requirement in open parking spaces is 8 feet. Typically, spaces are 8 to 9 feet in width and that will offer a point of reference for the proposed tandem garage width. Chairperson Montgomery stated his understanding that most vehicles are a maximum of 7 feet in width and it's the mirrors that add the extra dimension. Chairperson Montgomery asked if there were any further questions of Staff. Commissioner Dominguez commented he would like to revisit this subject in three to five years to review the tandem garage standard and determine its effectiveness. Mr. Neu stated it has been four years since the last revision to the Zoning Code Ordinance and it is anticipated future adjustments will occur. Commissioner Whitton commended Staff on a thorough examination of the proposed changes and for giving an outstanding presentation. He added he is appreciative of the participation by Scott Molloy and his suggestions. Commissioner Baker stated her appreciation of Staff's diligent efforts in reaching out to the building community. She added the tandem parking issue is one she would like to see monitored for its effectiveness in practical use. Commissioner Baker stated the concept of the HOA being responsible for the enforcement and monitoring is one she favors. Commissioner Segall thanked Staff for their thorough public outreach with regard to the proposed changes. Chairperson Montgomery applauded Staff for their investigation into the availability of public RV storage facilities in the area. He added he concurs with Staff on the tandem parking recommendation, stating it is an effective tool. ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6140 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6141 and 6142 recommending approval of ZCA 05-02 and LCPA 05-07 based on the findings contained therein. VOTE: 6-0 AYES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton NOES: None ABSENT: Commissioner Cardosa Chairperson Montgomery closed the Public Hearing on Item 1 and asked Mr. Neu to introduce the next item. 2. CUP 05-05 - LA COSTA CANYON PARK - Adoption of findings to deny the Conditional Use Permit for La Costa Canyon Park, a community park on Pueblo Street, located north of La Costa. Avenue and west of Cadencia Street in Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 2 and stated that Associate Planner Scott Donnell would make the Staff presentation. Chairperson Montgomery opened the Public Hearing on Item 2. Planning Commission Minutes December 6,2006 Page 9 Mr. Donnell gave a presentation and asked the Planning Commission to consider two items. The first being the resolution of denial of the Conditional Use Permit for La Costa Canyon Park and the other being the consideration of the alternative of continuing Agenda Item 2 to the Planning Commission meeting of April 4. This second alternative would allow time for the Parks and Recreation Department staff to present the item to the Parks and Recreation Commission for review and recommendation. Mr. Donnell stated he is available to answer any questions. Chairperson Montgomery asked the Commissioners to address Agenda Item 2 regarding the consideration of a continuance. Commissioner Whitton stated this matter had appeared before the Commission over one year ago, and at that time the recommendation was made that Staff direct this matter to the Parks and Recreation Commission for appropriate review. He added no apparent action was taken in this regard. Commissioner Whitton stated the decision to move forward with a resolution of denial was made as a result of deliberation that occurred at the last Planning Commission -meeting. He added his understanding that bringing the matter before City Council for referral to the Parks and Recreation Commission would be the appropriate course of action. He stated he stands by his previous decision to deny the Conditional Use Permit and added his concern for any further delay in some type of resolution in this matter. Mr. Neu stated by continuing this item Staff would have an opportunity to refer it to the Parks and Recreation Commission for review and recommendation. He added Parks and Recreation Department staff took action when this matter first came before the Commission in 2005. Several mitigation measures were engaged in an effort to address the compatibility issues, but unfortunately they did not resolve the matter to everyone's satisfaction. Mr. Neu stated Staff is now attempting to take the next step and move forward with this matter and bring it before the Parks and Recreation Commission. This could be accomplished by continuing the matter to allow Staff time for this action. Commissioner Whitton stated it appears circumstances have taken things on a course to deny the Conditional Use Permit for La Costa Canyon Park and, since that decision was made, he believes the Commission should stick to it. Commissioner Segall stated he shares the concerns expressed by Commissioner Whitton; however, he added he supports the continuation of the item. He added he encourages Staff to obtain a recommendation from the Parks and Recreation Commission sooner than April of 2007. Commissioner Heineman stated he concurs with Commissioner Segall and would like to see a resolution as quickly as possible. Commissioner Dominguez stated he concurs with his fellow Commissioners and requests some type of assurance from the representatives from the Parks and Recreation Department that this matter can be resolved sooner than the April 4 hearing. Commissioner Baker stated after further consideration of this matter she regrets her decision to deny the Conditional Use Permit. She stated her concern that this matter seemed to be viewed from only one side and would like to hear from the participants conducting the sporting activities that are allegedly causing the problem. Commissioner Baker stated she is in favor of a continuation. Chairperson Montgomery stated he is in favor of a continuance. He added La Costa Canyon Park has been in operation for twenty-plus years and he is not in favor of discontinuing its current use. Planning Commission Minutes December 6, 2006 Page 10 Commissioner Dominguez stated the basketball court located at La Costa Canyon Park has been a source of irritation to residents of the surrounding area for many years. He added the entire park is not the issue and everyone had an equal opportunity to be heard on this matter at previous hearings. Commissioner Dominguez stated he is willing to continue the item, but urges Staff to compel the Parks and Recreation Commission to hear this matter sooner rather than later. Commissioner Segall stated the Parks and Recreation Commissioner meets on a quarterly basis, and it appears there are two holidays between now and April 2007 that are causing the delay. He added his observance that the Parks and Recreation Commission could hold a special meeting to address this matter. Commissioner Segall stated the public outreach on this matter could have been conducted in a more thorough manner. He added the basketball players' residences are located out of the noticing area. They are commuting into the area and would not have received any notice via U.S. mail. Commissioner Segall stated the issue of public noticing and outreach on this matter needs to be reviewed. Commissioner Whitton stated he has no interest in closing La Costa Canyon Park. He added he is interested in a resolution that is favorable to all concerned parties. When the matter was initially presented to the Planning Commission, it was approved, in spite of several outstanding issues. Since that time, it seems as though the Planning Commission has been placed in a position of policing the park's uses. Commissioner Whitton stated he is in favor of the Parks and Recreation Commission holding a special meeting to hear this matter and make some kind of recommendation. Commissioner Heineman asked what mechanism is in place to impress upon the Parks and Recreation Commission the importance of this matter and its timely resolution. Mr. Neu stated the Planning Commission and the Planning Department have established a record through hearings, meeting minutes, and Staff reports, which describe the mounting since of urgency. Additionally, Staff will take forward further issues heard and the measures taken to reach a resolution at this level. He added it appears additional action is necessary. Commissioner Whitton stated he is in favor of removing the backboards from the basketball courts to allow an immediate resolution and give Staff time to reach a more permanent solution. Chairperson Montgomery asked Parks Superintendent Kyle Lancaster to respond to the concerns presented. Mr. Lancaster stated the Parks and Recreation Commission meets on the third Monday of each month. The potential delay is due in part to holiday scheduling. The December 2006 meeting of the Parks and Recreation Commission has been rescheduled to Friday, December 8. At that time, a special meeting will be requested for January or February of 2007. No regular meeting of the Parks and Recreation Commission will be held on the third Monday in the month of January in observance of Martin Luther King Junior Day. Mr. Lancaster stated no regular meeting of the Parks and Recreation Commission will be held on the third Monday in the month of February in observance of Presidents Day. He added no promise of a scheduled hearing for the first part of 2007 can be made until the Commissioners have consulted their calendars and that is expected to occur on Friday, December 8. Mr. Lancaster stated the Parks and Recreation Department has the full intent to bring this matter before the Parks and Recreation Commission prior to April 2007. He added April 4, 2007, is being earmarked for the next Planning Commission hearing of this matter to provide for the instance where the Parks and Recreation Commission is unable to reach a resolution at the special hearing date that is to be determined on December 8. Mr. Lancaster stated the next regularly scheduled Parks and Recreation Commission meeting date is March 19, 2007, and would be the date for a subsequent review of the matter by the Parks £>) Planning Commission Minutes December 6, 2006 Page 11 and Recreation Commission in the event that a January or February hearing resulted in a continuance. Commissioner Dominguez stated this item has been at issue for some time. He asked if the Parks and Recreation Department could offer some temporary measure at the special meeting until a permanent solution could be found. Mr. Lancaster stated at the special meeting of the Parks and Recreation Commission Staff intends to present all proposed solutions offered, including temporary remedies. Commissioner Whitton asked if Mr. Lancaster would consider asking the Parks and Recreation Commission to recommend removal of the backboards as an interim solution while considering all of the various permanent solutions. Mr. Lancaster stated that could be offered as one of the proposed alternatives. Commissioner Segall stated the meeting of the Parks and Recreation Commission to be held on Friday, December 8, will not address any of these issues due to the fact that it is not a publicly noticed meeting. He added the meeting would only be considering the date for a special meeting to be held in January or February 2007. Mr. Lancaster confirmed this would be the intent of the Parks and Recreation Department. Commissioner Segall asked if the special meeting would be a publicly noticed meeting with public outreach being conducted. Mr. Lancaster stated the Parks and Recreation Department would perform public noticing and post signs at the park. Chairperson Montgomery asked if there were any further questions of Staff. Seeing none, he opened public testimony. Ursula Centers, 3017 Pueblo Street, Carlsbad, stated she has seen a marked improvement in the situation, but there has not been any long-term solution to the problem. She added the residents are willing to stay the course until April 2007 providing they are given an opportunity to participate in the dialogue regarding proposed solutions. Ms. Centers stated the residents are not requesting the removal of the basketball courts. She added an observation that members of the Parks and Recreation Department may have an interest in keeping the situation status quo. Ms. Centers stated she had a conversation with a member of Staff who indicated he was friends with the basketball players. She added she felt worried by this statement and maybe the interests of the residents were incongruent with the interests of the Parks and Recreation Department. Ms. Centers stated it is the taxpayers, who this Commission serves, that are expressing their concerns. Suzanne Rosser, 3012 Rana Court, Carlsbad, stated she would not like to see the basketball court removed, but instead used for its original intent. Ms. Rosser stated the size of the basketball court indicates that its original intended user was children and it is currently being used for adult league basketball play. She added it appears the basketball players are aware of the residents' concerns and are self-policing. On one hand this is positive, on another hand this practice could skew the results of any data collected. Ms. Rosser stated in the past when the numbers of complaints rise, the basketball players quiet down, but after a period of time, the questionable activities resume. She added she is in favor of the continuance. Mr. Lancaster addressed the concerns expressed by Ms. Centers regarding biased observations from the Parks and Recreation Department and staff members' acquaintance with basketball players. He stated between the July 2005 hearing and the November 2006 hearing, 100 percent of the Parks and Recreation staff monitoring of the situation was performed by him. He added he is not familiar with a single player actively participating in the Saturday or Sunday basketball games. Mr. Lancaster stated after the decision of the Planning Commission to recommend denial of the Conditional Use Permit, staff was aware of the potential to have the Planning Commission Minutes December 6, 2006 Page 12 basketball courts removed or the park closed. He added in an attempt to curtail unacceptable behavior on the basketball courts, one of the recreation area managers visited the park on the Sunday following the hearing in November to advise the players of the residents' concerns. Mr. Lancaster stated he believes the area recreation manager is familiar with some of the individuals engaged in play on this court due to the fact that he is continually involved in programming basketball leagues in gyms and other locations in the City. To indicate that perhaps these friendships swayed any observations presented to the Commission by staff would be absolutely incorrect. Mr. Lancaster stated that adult league basketball is programmed by the Parks and Recreation Department. The basketball court at La Costa Canyon Park is not being used for any league play. He added he would describe the games as pick-up games conducted by a core group of individuals who apparently show up regularly, but this is not something that is programmed by his department. He stated the area recreation manager may know some of the same individuals because they also play on leagues in some of the City's community centers. Mr. Lancaster stated the Parks and Recreation Department generally does not program league on outside courts. He added he has no evidence that the original intended use for this court was for children. If anything, the topography caused it to be slightly smaller than regulation size because it is surrounded by a sloping area. Chairperson Montgomery asked if there were any other members of the audience who wished to speak on Agenda Item 2; seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission vote to continue the La Costa Canyon Park Conditional Use Permit CUP 05-05 to a date no later than April 4, 2007, with the expectation that it will be presented to the Planning Commission sooner. VOTE: 6-0 AYES: Chairperson Montgomery, Commissioners Baker, Dominguez, Heineman, Segall, and Whitton NOES: None ABSENT: Chairperson Cardosa RECESS Chairperson Montgomery closed the Public Hearing on Item 2 and recessed the meeting for a ten-minute break at 8:05 p.m. with all attending Commissioners present. MEETING CALLED TO ORDER Chairperson Montgomery reconvened the meeting at 8:16 p.m. and asked Mr. Neu to introduce the next item. 3. CT 06-10/PUD 06-09 - OPUS POINT LOTS 23 & 24 - Request for approval of a Tentative Tract Map and Nonresidential Planned Development Permit to subdivide a 5.31-acre site currently approved for seven nonresidential buildings, into 13 airspace nonresidential condominiums on property generally located along the north side of Lionshead Avenue and west of Eagle Drive in Local Facilities Management Zone 18. Mr. Neu introduced Agenda Item 3 and stated that Assistant Planner Pam Drew would make the Staff presentation. EXHIBIT 13 LA COSTA CANYON PARK BASKETBALL COURT MONITORING Day Saturday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Saturday Saturday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Date 11/11/2006 11/12/2006 11/19/2006 11/19/2006 11/24/2006 11/24/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/3/2006 12/9/2006 12/9/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/10/2006 12/17/2006 12/17/2006 12/17/2006 12/17/2006 12/17/2006 12/17/2006 Time 10:05 a.m. 9:15 a.m. 9:15 a.m. 11:40a.m 9:15 a.m. 11:15a.m. 8:45 a.m. 9:15 a.m. 9:45 a.m. 10:00 a.m. 10:15 a.m. 10:45 a.m. 11:30 a.m. 12:00 p.m. 12:30 p.m. 2:30 p.m. 8:05 a.m. 12:50 p.m. 8:45 a.m. 9:00 a.m. 9:15 a.m. 9:45 a.m. 10:15 a.m. 10:45 a.m. 11:00 a.m. 11:15 a.m. 12:15 p.m. 12:30 p.m. 8:45 a.m. 9:15 a.m. 9:45 a.m. 10:00 a.m. 10:15 a.m. 10:45 a.m. Monitor KL KL KL KL KL KL BR BR BR KL BR BR BR SE SE SE KL KL BR KL BR BR BR BR KL BR SE SE BR BR BR KL BR BR Parking Spaces Available 22-25 18-20 14-16 20-22 14-16 20-22 10 6 4 6 7 8 20 20 20 All Open 25 24 All Open All Open All Open All Open All Open 25 25 24 23 22 All Open All Open All Open All Open All Open All Open Players 0 7 10 4 10 4 14 18 20 17 17 16 4 4 4 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 No Game Game in progress Game in progress/I curse No Game Game in progress No Game Shooting around Game in progress Game in progress Game in progress/2 curses Game in progress Game in progress Shooting around Shooting around Shooting around No game No game Shooting around No game No game No game No game No game No game No game No game No game No game Kids playing in park No one in park Family in playground Family in playground No one in park No one in park Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday Sunday 12/17/2006 12/24/2006 12/24/2006 12/24/2006 12/24/2006 12/24/2006 12/24/2006 12/24/2006 12/31/2006 12/31/2006 12/31/2006 12/31/2006 12/31/2006 12/31/2006 12/31/2006 12/31/2006 1/7/2007 1/7/2007 1/7/2007 1/7/2007 1/7/2007 1/7/2007 1/7/2007 1/7/2007 1/7/2007 11:15a.m. 8:45 a.m. 9:15 a.m. 9:45 a.m. 10:15 a.m. 10:45 a.m. 11:15 a.m. 11:45 a.m. 8:45 a.m. 9:15 a.m. 9:45 a.m. 10:15 a.m. 10:45 a.m. 11:05 a.m. 11:15a.m. 11:45 a.m. 8:45 a.m. 9:00 a.m. 9:15 a.m. 9:45 a.m. 10:15 a.m. 10:45 a.m. 11:15a.m. 11:45 a.m. 11:55 a.m. BR BR BR BR BR BR BR BR BR BR BR BR BR KL BR BR BR KL BR BR BR BR BR BR KL All Open 17 13 13 14 22 23 23 14 12 8 8 14 24 24 22 17 10 10 10 9 7 9 11 14-16 0 11 13 11 0 0 0 0 11 15 16 11 11 0 0 0 8 16 17 16 15 14 13 14 5 No one in park Shooting around Game in progress Shooting around No game Family in park Family in park Family in park Shooting around Game in progress Game in progress Shooting around Game in progress Family in park Family in park Family in park Game not started/Players arriving Game in progress Game in progress Game in progress Game in Progress/One curse Game in progress/Family in park Game in progress/Family in park Game in progress/Family in park No game/Family in Park 'ARKS & RECREATION ELEMENT EXHIBIT 14 F. PARK AND RECREATIONAL NEEDS GENERATED BY INDUSTRIAL USES Although the Quimby Act itself does not apply to industrial or commercial subdivisions, a local agency is permitted to impose fees or exactions as a condition of approval of a proposed development, provided those fees and exactions do not exceed the estimated reasonable cost of providing the service or facility. In addition, the Growth Management Ordinance (CMC 21.90) authorizes special facility fees to pay for improvements or facilities which are related to new development. Since there is a substantial impact on existing recreation facilities from an increasing industrial employment base, a need to impose and implement a park mitigation fee for industrial development was recognized. In November 1987, the City Council adopted its first park mitigation fee for the Zone 5 Local Facilities Management Plan. Additionally, a park mitigation fee was required as part of the Zone 16 and 13 Local Facilities Management Plans. The purpose of a fee is to ensure adequate recreational facilities to accommodate the demand created for them by the daily influx of the industrial work force and population as industrial development grows throughout the City. G. PARK INVENTORY INTRODUCTION The pre-1982 Parks and Recreation Element emphasized more passive use concepts with the acquisition and development of smaller neighborhood, mini, and vest pocket parks. Additionally, natural open space areas, meant to serve as connective corridors and greenways throughout the City, were accepted as park requirements dedicated under the Quimby Ordinance. Due to the characteristics of these natural open space areas, many of the sites once accepted for park purposes are considered undevelopable by today's park development standards. Today, current and future parkland dedicated under the Quimby Ordinance is subject to more stringent conditions than were once required. Noting the shift in acquisition policy, developable parkland is considered to be buildable acreage similar to acreage associated with the subdivision for which dedication is required. Typically, it has slopes of less than 10% and is not to be located in an area on which building is precluded due to environmental constraints as defined by City ordinance or other laws, geological constraints, flooding, easements, or other encumbrances and/or restrictions. Current recreational trends identify a request for both active and passive recreation. In order to accommodate those trends, parkland dedication requirements are geared toward the acquisition of developable parkland, which may provide both active and passive use. In addition recent City surveys indicate a demand for access to Open Space and trails as a priority quality of life issue for residents of the community. In response to this demand, City Council adopted the Citywide Trails Plan Report in November of 2001 outlining implementation of a Citywide Trails Program. Carlsbad's present park development philosophy concentrates on providing larger community parks, which incorporate a balance of both active and passive recreational amenities. The result has created a more realistic park program in terms of meeting the recreational needs of the residents, tourists, employees, the Growth Management requirements, and is more financially feasible from an operational and maintenance standpoint. The development of small neighborhood parks is no longer pursued primarily because of the high cost of maintenance. Because these parks typically provide one or two recreational uses, they have been incorporated within the current Special Use Area park classification. Some sites previously acknowledged as Neighborhood Parks have been incorporated ("grandfathered") into the Community Park classification, and although they may not meet the current acreage requirement, they do provide amenities characteristic of the Community Park category. July 2003 PageS "*ARK5 & RECREA TON ELEMENT 1. PRIMARY PARK CLASSIFICATIONS Presently, the City of Carlsbad's Parkland Inventory is composed of three primary park classifications: • Community Parks • Special Use Areas • Special Resource Areas Although these classifications are the basis for the City's standards, to ensure optimum park and recreational facilities, three special resource areas and one community park have been identified as Regional Open Space Parks within the San Diego Association of Governments Report, "Regionally Significant Open Space." The standards for each park classification are as follows: Community Parks Special Use Areas 2.5 acres/1,000 pop. .5 acres/1,000 pop. (Collectable Park Standard) Special Resource Areas 3.0 acres/1,000 pop. 2.5 acres/1.000 pop. OVERALL PARK AC. STANDARD 5.5 acres/1,000 pop. "The City of Carlsbad's Parkland Inventory is composed of three primary park classifications: Community Parks; Special Use Areas; and, Special Resource Areas." The City defines these Park Classifications as follows: Community Parks - These are leisure facilities, approximately 20 to 50 acres in size; however, due to the 1982 revision of the Parks and Recreation Element, pre-1982 neighborhood parks of less than 20 acres have been reclassified and "grandfathered" into the Community Park classification. This reclassification was approved by the Parks and Recreation Commission in May 1987 and by the City Council in August 1987. Any future acquisition and development of community park sites within the northwest quadrant, where a near buildout situation exists, in all likelihood will require community park development of sites under 20 acres in size. Typically, Community Parks are designed to serve the recreational needs of several neighborhoods. The nature of this type of facility encourages and attracts family unit populations from a nearby vicinity on a daily frequency. Community Parks generally provide active and passive use amenities; however, they are not limited to the exclusive use of either. Minimum facilities should include: • Family-oriented picnic areas • Group picnic areas • Turfed open space areas for free play • Multi-purpose playfield(s) (lighted when appropriate) • Tot lot areas • Structures for lectures, meetings, skills, instructions, etc. • Buffer areas • Special use facilities such as swimming pools, tennis courts, horseshoes, handball and racquetball courts, bicycle paths, etc. as per specific community demand may be located within these parks if appropriate to the interests and needs of the community in which the park is located. The primary access orientation is vehicular. It is therefore established that community parks should be located adjacent to a secondary arterial or circulation route of greater hierarchy as defined within the Circulation Element. Special Use Areas - These are typically local facilities that contain only one or two activity type uses, either passive or active in nature. They are between one and five acres in size and generally provide the basic widely accepted facilities found in a community park site. Facilities of this type are: (but not limited to) swim, tennis or racquetball complexes, meeting halls, athletic complexes, off leash dog parks, skateboard parks, play lots, picnic and interpretive walk areas. Based on City Council policy in August 1987, and confirmed in November of 1990, community school activity fields can be incorporated within the Special Use Area classification and included within the Park Area Page 4 July 2003 'ARKS & RECREATION ELEMENT Inventory. However, only these current school sites which operate under "joint-use" facility agreements between the City of Carlsbad and the corresponding school district are, in fact, incorporated within the Parks Inventory. The pre-1982 Parks and Recreation Element included Mini and Vest Pocket parks. The revised 1982 Parks and Recreation Element has incorporated these parks into the special use category which typically defines the nature of these areas. Adequate access should be a primary siting criteria utilized in determining the location of a Special Use Area. Special Resource Areas - These are local amenities that have either citywide or potential regional significance. The significance is in the quality of the site that makes it unique as either a passive and/or active recreation area; this quality may be of a natural (water, geological, ecological, etc.), historical (architectural, etc.), or a combination thereof. Consequently, the Special Resource Area as defined has a visitor attraction or drawing power to users locally and beyond. Typically, Special Resource Areas provide a unique character and/or use not found in Community Parks or Special Use Areas and in general, they are larger than Community Parks. 2. ACTIVE/PASSIVE AREAS In addition to a parks primary classification, the City may describe a park as containing active and/or passive areas. Parks can be developed with either active or passive park amenities or a combination of both. Active park areas typically provide a form of organized, supervised, often extracurricular recreation. Park amenities denoting active use may include gymnasiums, swim complexes, multi-use ballfields, tot lots, hard court play surfaces, volleyball, horseshoe areas, or a combination thereof. Passive park areas often provide minimal or no amenities associated with active use. The very nature of passive use implies undemonstrative, nonparticipating, complacent, subdued activity. Park amenities generally associated with passive use include nature trails, walkways, picnic tables, benches, and small turf .and/or landscaped areas. 3. REGIONAL OPEN SPACE PARKS Three of the City's Special Resource Areas and one community park (Lake Calavera, Agua Hedionda Lagoon, Batiquitos Lagoon and Veterans Memorial) have been identified as Regional Open Space Parks in addition to their primary city park classification. These sites have been identified as Regional Open Space Parks consistent with the recommendations of the San Diego Association of Governments' (SANDAG) report, Regionally Significant Open Space - Definition. Although parks have been identified as part of the regional park system, they will continue to function pursuant to their primary park classification as identified above. The identification of a city park as a Regional Open Space Park simply denotes that the park is part of the region's park system. A regional park is a major park that may contain any one or combination of such attributes as natural beauty, unique topographic features, historical structures or unusual scenery. Such parks are usually developed for at least two outdoor activities, but the greatest part of the acreage may remain as undeveloped open space. Usually a regional park has at least 200 acres, 50 acres of which are developable. The size may be smaller for unique regional resources. H. MISCELLANEOUS LANDSCAPE/OPEN SPACE AREAS Miscellaneous landscape/open space areas are secondary classifications within the park inventory. This category has been established to provide accountability for additional acreage currently under maintenance responsibility of the Park Operations Division, however, is not useable to meet the City's park collectable standards. In addition, accountability is provided for the natural open space areas once considered as parkland; however, by today's standards, they are not considered to be conducive to park use and/or development, which may have once been considered, i.e.: Veteran's Memorial Park. These miscellaneous landscape/open space areas are July 2003 PageS PARKS & RECREATON ELEMENT identified in Appendix 1, Miscellaneous Landscape/Open Space Areas. I. FACILITY STANDARDS Table 2: Facilities Standards, summarizes the development standards for each recreation facility, based on its park classifications. These standards are provided to ensure that the recreational facilities in Carlsbad meet the needs of residents, tourists and employees of the City. acquisition, construction, and maintenance and operation costs. ongoing "Facility Standards are provided to ensure that the recreational facilities in Carlsbad meet the needs of residents, tourists and employees of the City." Typically, parkland acquisition is provided under the Quimby Ordinance and/or park-in-lieu, fees, while development funds are provided by the Public Facilities Fee. Future park acquisition and development projects are, for the most part, identified in the Capital Improvement Program Budget. However, actual development may be subject to delay based upon demand, the priority established for Public Facility construction and the cost associated with ongoing maintenance and operation. Additional funding sources for acquisition, development, maintenance and operation, or rehabilitation may be provided by general obligation bonds, special taxes, state and federal park bond acts, assessment districts or donations. Prior to acceptance, all future parkland acquisition is subject to a stringent environmental review process to identify and eliminate constraints in an TABLE 2: FACILITIES STANDARDS *1 Increased from 2.0 to 2.5 ac/1 ,000 pop. on Sept. 3, 1985 *2 Although no specific standard (e.g. ac/1 ,000 employees) has been adopted, a fee based upon square footage of industrial floor area is required. As of Nov. 24, 1987, the required fee was 40 cents/sq. ft. of industrial floor area CLASSIFICATION Special Resource Area Community Special Use Recreation facilities for industrial areas SIZE/SIGNIFICANCE 100 Acres + unique character and/or use not found in Community Parks 20 to 50 acres as guidelines* 'Where acquisition of sufficient acreage is possible 1 to 5 acres Negotiated with developer LEVEL OF SERVICE Citywide Community Neighborhood and Community In proximity to business and industry employees ACCESS Vehicular Bicycle Pedestrian Vehicular Bicycle (located adjacent to secondary arterial or greater) Pedestrian Vehicular Bicycle Pedestrian Pedestrian Vehicular Bicycle OWNERSHIP Public Public Public, private and quasi-public Public/private STANDARD 2.5 ac/1 ,000 population 2.5 ac/1 ,000 population *1 .5 ac/1 ,000 population No standard *2 J. FUTURE RECREATIONAL DEVELOPMENT Several areas have been earmarked for future park development and identified in the current park inventory. Although the timing for acquisition and development depends primarily on the requirements of the Growth Management Program as development occurs, the City Council ultimately approves the financing methods for effort to maximize site potential in terms of park development. Public review during the master planning process of all future park sites will guarantee the recreational needs of the community are being addressed. Table 3: Anticipated Future Park Development Projects summarizes the anticipated future parks to be developed in the City. Page 6 July 2003