Loading...
HomeMy WebLinkAbout1998-12-09; City Council; Minutes0 0. MINUTES MISETING OF : CITY COUNCIL (Special Meeting) DATE OF MEETING: December 9,1998 TIME OF MEETING: 4:OO p.m. PLACE OF MEETING: Carlsbad Safety Center 2560 Orion Way, Carlsbad - _. CALL TO ORDER: Mayor Lewis called the meeting to order at 4:08 p.m. - ROLL CALL: Roll call was taken by the City Clerk as follows: Present: Mayor Lewis, Mayor Pro Tem Hall, Council Members Finnila and Kulchin Absent: Council Member Nygaard. (Nygaard arrived at 4:lO p.m.) - CARLSBAD RANCWLEGOLAND OVERLAY ZONE WORKSHOP: I. WELCOME - Community Develoument Director Mar@ Orenyak. Conmunity Development Director Marty Orenyak presented a brief history of the matter and noted that the purpose of the workshop is to facilitate Council discussion and receive public input regarding the regulations conlained in the draft Chapter 21.208 (Carlsbad RanchLegoland Overlay Zone). He explained that the draft is a devdopment based Ordinance which has been prepared by staff to ensure that future projects developed in the area meet the desired criteria. 11. JNTRODUCTION/BACKGROUND - Michael Holzmiller, Planninp Director. Planning Director Michael Holzmiller explained that staff had worked on the draft Ordinance since the Council Workshop held in March, 1998. He explained that the Ordinance reflects Council input from the previous Workshop and also information gathered from the Council field trip to Anaheim and Buena Park. He also explained that Council had requested that another Workshop on this matter be held before the normal planning process (public hearings at the Planning Commission and Council level) is begun. Mr. Holzmiller stated that Council had previously expressed desire to be part of the standard approval process for commercial projects in the area around Carlsbad Ranch as the final decision maker, and had also discussed whether or not to exclude the Carlsbad Ranch property from the Ordinance. He concluded by stating that the draft Ordinance is all inclusive and focuses on development standards rather than use restrictions. 111. ]PRESENTATION OF DRAFT ORDMANCE - Senior Planner Eric Munoz. It was determined that for each section of the proposed Ordinance, staff would make a presentation followed by mblic input and Council discussion. Mr. Munoz presented the draft ordinance as follows: 21.208.010 - Intent and Purpose fie Ordinance was created to supplement the underlying zoning by providing additional regulations for :ormnerciaVtourist serving developments, and as drafted establishes the Planning Commission as the final decision- maker for commercialhourist-serving uses in the overlay zone. - I 0 0 December 9, 1998 CITY COUNCIL WORKSHOP Page 2 Discussion: Council expressed their preference to be the final decision maker in the overlay zone area, at least initially. - 2 1 ,.208.0 15 - Definitions The Ordinance outlines design differences in the definitions of hotels and motels. Also refers to Section 21.208.060 (h) in which separation standards are given for motels and not for hotels. Discussion: Council expressed support for requiring the same spacing requirements for hotels and motels (to be measured from edge of structure to edge of structure.) 21.:208.020 - Boundaries/Amlicabilitv The Ordinance as drafted applies only to commercialhourist serving uses (not office, industrial or residential), and will. also apply to existing uses where new or intensified commercialhourist serving uses are proposed. Staff noted that. the overlay zone boundary configuration as proposed differs from that of urgency ordinance. Staff also stated if Council wished to exclude the Carlsbad Ranch Specific Plan area, but has concerns about changing uses in the area, staff could draft an amendment to that Specific Plan which would address those concerns. pub’lic Comment: Gary Hill, representing the Gemological Institute, 5345 Armada Drive, requested that Carlsbad Ranch be excluded from the overlay zone, as it could adversely affect public use of some of the GIA’S already existing, permitted facilities on the campus, such as the library, museum, and the small coffee shop. Pete Walcher, representing Caroline Smith, owner of the parcel on the S/E comer of Poinsettia and 1-5, requested that the property be excluded from the overlay zone. He stated that the site is not contiguous with any other commercial property and cannot be expanded, and is a neighborhood commercial site. John Edwards, representing Pacific Development Partners, owners of 5 acres on Poinsettia, requested that the property be excluded from the overlay zone. He stated that compliance with the draft ordinance would reduce the devdopable area of the site from 5.1 gross acres to 40,000 square feet because of the new setback requirements, making the site not worth developing. Discussion: Council expressed support for exclusion of property within the Carlsbad Ranch Specific Plan, inclusion of the parcel on the S/E corner of PoinsettiaA-5, inclusion of the commercial parcels around the intersection of 1-5 and ramarack Avenue, and inclusion of the row of motels east of 1-5 between Chestnut and Tamarack. m08.030 - Rewired Entitlements and Permits fie Ordinance provides that the CUP (Conditional Use Permit) is the entitlement for commercialhourist serving lses in the overlay zone, and will replace the need for a SDP (Site Development Plan) where currently required, lowever, Coastal Development Permits (CDP’s) will still be required in the coastal zone. 0 0 Dec,ember 9, 1998 CITY COUNCIL WORKSHOP Page 3 Discussion: Council expressed support for the use of CUP’S for commercialltourist serving projects in the overlay zone. - 21 .;!08.035 - Pre-Filing Submittal and Meeting The Ordinance formalizes existing preliminary review process and makes it a mandatory requirement for CUP’S in the overlay zone area. Discussion: Council expressed support for the mandatory requirement, - 21.208.040 - Proiect Site Notification The Ordinance expands the noticing requirements for applications for commercialhourist serving projects in the overlay zone to require the posting of signs on site during the application process. (This is in addition to the public notice requirements of Section 21.54.060 of the Carlsbad Municipal Code.) Discussion: Council expressed support for the additional public notice requirements. 21.21D8.050 - Amroval Process The Ordinance as drafted proposes the Planning Commission as the final decision maker, rather than the City Council, due to the details and standards contained in the ordinance, and in order to streamline the process. It also codifies the practice of setting term limits (5, 10 years, etc.) for CUP’s, and allows for extensions, expirations, nonitoring, and enforcement. public Comment Jim Gaiser, the owner of property on Paseo Del Norte, questioned the requirement for a Conditional Use Permit for 9 site that is already commercialhourist serving, particularly if the business has been there for a long period of time. le clommented that additional expenses will be incurred by a business for fees to renew a CUP. n response to Council inquiry, staff stated that renewal fees for CUP’s are approximately $400, and added that hose commerciaVtourist serving businesses already in place would be grandfathered in, and would not be required o get a CUP, unless there is a change in use. Discussion: :ouncil expressed a preference to be the final decision maker in the overlay zone area, at least initially as the kdinance is implemented. Council also expressed support for the proposed CUP process. 0 0 December 9, 1998 CITY COUNCIL WORKSHOP Page 4 - Section 21.208.060 - Develoument Standards Parlcinn: (1) LodninP Uses: The Ordinance requires provision of shuttle bus service and possible tour bus provisions. Discussion: Council expressed support for the proposed requirements. (2) :Time Shares: The Ordinance provides an increase of .3 to 1.5 spaces per unit, provides shuttle bus provisions, :and proposes Interim Parkinflnit Marketing Plan provisions. Discussion: Council expressed support for the proposed requirements. (3) Gas Stations: The Ordinance provides for the addition of three required spaces for employees in addition to the current standard of 1:300. (4) Eestaurants: The Ordinance requires 1 :50 after 2,000 square feet of restaurant use, and requires outdoor eating to provide 1: 100 per outdoor eating areas (delineated on approved plans.) (5) !:offee shopslbeverage-serving delicatessens: The Ordinance requires 1:lOO ratio for indoor or outdoor eating areas. (6) ldeeting. rooms, assemblv space, convention facilities: The Ordinance will not change current standards. (7) &etaillgeneral sales: The Ordinance requires the addition of two required employee spaces to current standards. (8) 2;hoPuinn Center Retail: The Ordinance requires that restaurants park separate “stand alone” parking based on restaurant ratio, even in shopping centers. (9) &Iuseums: The Ordinance requires that addition of two employee spaces, and requires shuttle bus and tour bus provisions, in addition to current standards. :lo) ,Visitor/information center: The Ordinance provides for the new use and standards, including a proposed parking standard of 1 :400 plus two employee spaces, and requires shuttle bus and tour bus provisions. 11 1) ,Bed and Breakfast: The Ordinance does not change current standards, except the overlay zone adds the word “minimum” at the beginning of the parking standard. ’ublic - Comment: Tim Stripe, of Grand Pacific Resorts, expressed support for the increased parking requirement (1.5 spaces per unit) or “lock-out” time-share units, and retention of the current standard (1.2 spaces per unit) for non “lock-out” units. - a 0 December 9,1998 CITY COUNCIL WORKSHOP Page 5 Discussion: Council expressed support for the proposed parking standards for uses (3) through (1 1) as outlined in the ordinance. Council also requested that a parking standard for a large movie complex be added. (12) Car Rental Anencies: The Ordinance proposes car rental office parking at 1:250 and fleet parking at ratio of 1:l. Discussion: Council requested that more information be provided regarding the fleet parking requirements. public Comment: Tim Stripe, of Grand Pacific Resorts, encouraged council to request staff to further investigate the options for fleet park:ing, based on his past experiences with car rental agencies. Jan Sobel, CEO of the Chamber of Commerce, Carlsbad, referenced the parlung requirements for museums, and requested clarification regarding the NAAM Museum. In response, staff explained that the wording in the approvals for the NAAM Museum prevents public use, and it is only for use of patrons and associates. Staff further explained that to allow public use of the facility, the specific plan would need to be amended and more parking would need to be provided. Sims: The Ordinance provides that signage will now be approved as part of the discretionary CUP process, provides for reduced allowable signage (1 sq. ft. of signage per lineal foot of building frontage), does not change current standards for freeway service signage allowance, and prohits freeway oriented signage except for freeway service signage. Discussion: Council expressed support for exempting existing sign programs from the overlay zone (Carlsbad Company 3tordCarlsbad RancWCar Country). Staff noted that the proposed sign regulations are still subject to further -evie:w by the City Attorney. In addition staff noted that they are reviewing the city-wide sign regulations for 1oss:ible future reduction. Building; Height: The Ordinance does not change building height standards. {etbacks: The Ordinance requires a 30 foot minimum setback from all public streets, and also requires a 30 x 30 oot ]minimum decorative paving driveway entrance. 'ublic - Comment: ton :Rouse, representing the Winter Family Trust, owners of two vacant parcels on the south side of Cannon, west If 1-5, stated that setback requirements of 50 feet would negatively impact these two parcels, making them very .arrow with limited use. He stated that due to their location, the most logical use for these lots is tourist serving or omrnercial. - m 0 December 9,1998 CITY COUNCIL WORKSHOP Page 6 Discussion: Council expressed support for possibly requiring greater setbacks (increased from 30 foot to 50 foot) for specified streets, such as Cannon Road and Palomar Airport Road, at their intersections with 1-5. m.ding MaterialsKolors: The Ordinance specifies that building colors and materials are to be part of the CUP revilew, prohibits metal awnings and canopies, and provides that primary colors may not be the dominate colors used. - Changes to Building Colors: The Ordinance provides for Planning Director review for substantial conformance, and provides that the Planning Director determination can be appealed. public Comment: Mike Howes, of Hofman Planning expressed agreement with the provisions regarding building materials, specifically the allowance of high quality simulated materials. Discussion: Cowlcil expressed support for allowing the use of high quality simulated building materials, concurred with the regulations regarding use of primary colors, and suggested that use of colors, other than primary, should be tasteful. mlitectural Stvle: The Ordinance provides two architectural styles as options: Village and/or contemporary Southwest. Discussion: Council expressed support for the two architectural styles as proposed. Lanclscaainq: The Ordinance establishes a freestanding sign landscaping theme, provides tree ratio requirements lased on trees per parking space, and also requires a tree per every 200 square feet of setback area. Also requires hat the parking lot and setback trees be 24 inch box sizes, not 15 gallon size as currently required, and requires screening of parking areas by 42” high walls with landscaping. Discussion: Zourlcil expressed support for the proposed landscaping requirements as stated. &ration Standards: The Ordinance establishes separation standards and design criteria for gas stations, and ;pacing standards for motels, including allowances for larger sites, and up to 2 motels. ’ublic - Comment: <on Rouse, representing the Winters Family Trust, expressed concern regarding the city’s ability to enforce sgulation of types of uses based on an over-concentration (i.e. based on the same use next door), if the project leets all other standards and is not a threat to health, safety or welfare. Discussion: :ouncil expressed support for the proposed separation standards, and also requested standards for liquor stores, lotels, motels, restaurants, gift shops, and RV parks in order to prevent over-concentration of tourist serving omnnercial uses in one area. It was also suggested that there may be a need to be able to allow a series of :staurants (is. Restaurant Row in San Marcos) versus a string of fast food restaurants. - a 0 December 9, 1998 CITY COUNCIL WORKSHOP Page 7 - Section 21.298.070 - Permitted Uses The Ordinance permits only residential, industrial and office uses outright in the overlay zone. - Section 21.208.080 - Conditional Uses The Ordinance provides that any commercialhourist serving use is a conditional use and requires a CUP. - Section 2 1.208.085 - Prohibited Uses The: Ordinance prohibits the sale of any goods or services from temporary displays or vehicles, prohibits the display, sale or storage of commercial goods on public rights-of-ways, and regulates peddlers, solicitors, vendors, prolnotional sales and street faires in the overlay zone. Discussion: Cou!ncil expressed support for the regulations regarding permitted, conditional, and prohibited uses in the overlay zone. Council also expressed support for inclusion of prohibitions of outdoor storage/display of goods outside of the public rights-of-way. - Seclion 21.208.090 - Performance Monitoring Condition The Ordinance provides a standard performance monitoring condition for all overlay zone CUP’S, similar to current CUP condition for monitoring/adherence to conditions. - Section 21.208.095 - Required Findings The Ordinance provides required findings that directly reflect the Intents and Purposes of the overlay zone. Stafil also recommended that an additional finding should be made for properties zoned PM to assure that a CUP proposed on a PM zoned parcel serves PM zone users only, and not the general public. public Comment: Jan ;Sobel, CEO of the Carlsbad Chamber of Commerce, questioned the restrictions on the use of PM zoned x-operty. She stated that currently all who work along Avenida Encinas have to go to Palomar Airport Road for Zasoline, and that with the opening of Legoland and the additional influx of tourists in the area, there may be a uture need for tourist serving commercial services on Cannon Road as well. Con Rouse, representing the Winters Family Trust, owners of two vacant parcels on the south side of Cannon, west If I-.5, which are currently zoned PM, stated that there is already a demand for restaurant and business serving lotels in that area. He also stated that the size of these parcels is not conducive for office use. 3ill Harrick, 755 Raintree Drive, Carlsbad, concurred with Mr. Rouse’s comments. He stated that in accordance vith market studies that he has seen, there is indeed demand for hotels in that area to service the business park area long Avenida Encinas. He added that he is currently involved in preliminary planning for such a project, which roulld be a 102 room hotel on the SnV comer of 1-5 and Cannon Road. a a December 9, 1998 CITY COUNCIL WORKSHOP Page 8 Pla~tming Director Michael Holzmiller responded that properties zoned PM must serve the PM zone users (inchstrial office uses), and that providing services to the general public is counter to the intent and purpose of the PM: zone. He stated that a zone change would be needed on those parcels in order to allow tourist serving uses. Discussion: Comcil expressed support of the addition of required findings to further “protect” the PM zone intent. - 21.208.100 - Processing Use Change Requests The Ordinance establishes a process for determining if a change of use requires a CUP. Discussion: Council expressed support for the exclusion of the Carlsbad Ranch from the overlay zone, therefore, use change requests in that area would be in accordance with the requirements of the Specific Plan, and not subject to the ordinance. 21.:208.110 - Enforcement The Ordinance provides that CUP approvals are subject to the enforcement provisions of this chapter and of the Municipal Code. Staff noted that the City Attorney will draft regulations to achieve a procedure for rapid and effkctive enforcement. Discussion: Co1mcil expressed support for the development of a procedure for rapid and effective enforcement of provisions of the overlay zone ordinance. IV. NEXT STEPS - Michael Holzmiller, Planning Director. Planning Director Holzmiller concluded by stating that the Ordinance will now go through the normal planning pra8cess, and will be presented at public hearings before the Planning Commission and the City Council. - ADJOURNMENT By proper motion, the City Council Workshop of December 9, 1998, was adjourned at 7:OO p.m. Respectfully submitted, (34id-OA- Pv AL,ETHA L. RAUTENKRANZ City Clerk Karen R. Kundtz Assistant City Clerk