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HomeMy WebLinkAbout1993-10-20; Parks & Recreation Commission; MinutesMinutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: October 20,1993 Place of Meeting: CITY COUNCIL CHAMBERS CALL TO ORDER: Chairman Noble called the Regular Meeting to order at 6:10 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Minutes Clerk Betty Buckner. ROLL CALL: Present: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Welshons Absent: Commissioner Schlehuber Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Senior Planner Van Lynch, Planning Technician II Eric Munoz, Associate Planner Terri Woods, Associate Planner Pat Kelley, Principal Building Inspector Bobbie Hoder, Senior Management Analyst Don Rideout, Senior Management Analyst, Growth Mgmt Karen Hirata, Deputy City Attorney Bob Wojcik, Principal Civil Engineer Chuck Walden, Utilities/Maintenance COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES'. Commissioner Savary requested a correction to page-3, paragraph 5, to reflect that Commissioners Erwin and Savary volunteered for the Alcohol and Drug Prevention Task Force meeting on October 22,1993. ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of October 3,1993, as corrected. VOTE: 6-0 AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, and Welshons NOES: None ABSTAIN: None CONTINUED CONSENT CALENDAR'. Chairman Noble stated that Agenda item #1 would be pulled for discussion. 1. CUP 93-03 - U. S. WEST CELLULAR -CARLSBAD^ Request for approval of a Conditional Use Permit to construct a cellular telecommunication facility and storage room on land generally located at Chase Field on the west side of Harding Street between Chestnut Avenue and Palm Avenue, in the Open Space Zone, in Local Facilities Management Plan Zone 1. MINUTES PLANNING COMMISSION October 20, 1993 PAGE 2 Van Lynch, Planning Technician II, reviewed the background of the request and stated that this project was continued from the September 1, 1993 Planning Commission meeting. The applicant has revised the project to address issues and concerns of the community. The U. S. West portion of the project at Chase Field is to construct a 360 s.f. second story addition to the snack bar. The addition will house switch equipment and battery backup for the facility. The emergency generator previously proposed will be located on the ground floor in the northwest corner of the existing snack bar area. The previous plan with two outside air conditioners has been changed to locate the units within the roof area of the new addition. This would mitigate any noise impacts from the prior plan. The antenna is proposed to be located in a more central location of the park and is replacing two light poles rather than one. The light poles currently obstruct walkways and spectator views. The antenna height will remain at 60 ft. but will not be equipped with a 4 ft. microwave dish. U. S. West is also providing an additional 360 s.f. of storage area south of the existing snack bar. This new addition will be attached to the existing building and will provide storage for the snack bar and the Youth Association. This addition will replace the existing Sea Container now used for storage and will allow that space to be returned to turf. Another 10 ft. x 10 ft. storage area will be built at the end of one of the dugouts at the end of the northern-most field to store field maintenance equipment. The object of this building is to keep maintenance equipment from being dragged back and forth across the concrete areas to the other storage area, and keeps all of the maintenance equipment within the field. Mr. Lynch showed a map on the west wall on which was marked in red the four other cellular antennas in the City of Carlsbad. They are located on City properties and rents are paid to the City of Carlsbad. He also referred to two letters which had been received and passed out to Commissioners, one letter dated October 19, 1993 from Captain Zoll of the San Diego Sheriff's Communications Center, and the other letter dated October 20,1993 from Daniel J. Eberle, Director of the San Diego County office of Emergency Services and Disaster Preparedness. Both letters stated that emergency services would benefit by the expanded coverage which the Chase Field facility would provide. Since the findings for a Conditional Use Permit can be made, staff recommends approval of the CUP for U. S. West Cellular at Chase Field, based on the findings and subject to the conditions contained in the staff report. Commissioner Hall requested Mr. Lynch to repeat his statement about the existing light poles. He replied that two existing light poles will come down and would be replaced by the proposed antenna. Commissioner Erwin stated that at the last meeting he had requested a new condition #13 to be added which states that the applicant shall enter into an indemnity agreement, subject to the satisfaction of the City Attorney. He referred to staff memo dated October 20,1993 showing the proposed wording of Condition #13 and stated that it was not his intention to have the Planning Director deleted, but rather to have the City Attorney added. He wants the indemnity agreement to satisfy both the City Attorney and the Planning Director. Furthermore, he would like the words "the operation of" removed from the condition so that it reads, "...exposure resulting from this project." Deputy City Attorney Hirata stated that this wording was acceptable. Chairman Noble opened the public testimony and issued the invitation to speak. Lawrence R. Doherty, U. S. West Cellular Regional Real Estate Manager, 3785 Sixth Avenue, San Diego, applicant, addressed the Commission and stated that as a result of the suggestions received at the last meeting, several changes had been made to the project. U. S. West Cellular desires to be a good neighbor and they have made every effort to address the concerns of the residents in the vicinity of Chase Field. He reviewed the details on how cellular communications operate and that the cellular site in Encinitas is at capacity and beginning to fail. Mr. Doherty stated that there has always been poor reception from Tamarack to Highway 78 due to the terrain. He stated that U. S. West had tested each of the six sites which had been recommended at the last meeting but none were as effective as Chase Field. He showed a MINUTES PLANNING COMMISSION October 20, 1993 PAGE 3 computer simulation of Chase Field showing the antenna added and the two light poles removed. He stated that he had met with members of the Barrio Association but, even with the major revisions made to the project, he was unable to mitigate all of their concerns. Mr. Doherty stated that U. S. West is anxious to please everyone involved but stressed the fact that the cellular connection is critical for emergency and other communications and should be given strong consideration. Commissioner Erwin inquired if the reference to RF energy in his handout represented total RF or just one channel. Mr. Doherty replied that, to the best of his knowledge, it was for the entire cellular base station. Commissioner Erwin inquired if the microwave antenna is needed during times when emergency communications are needed. Mr. Doherty replied that in the future it may be possible to communicate mobile to mobile. In that case, the microwave dish would not be needed because microwave communications are only effective in a line of sight situation. Microwaves are not very effective in an earthquake because the shaking distorts the line of sight. If a serious regional earthquake were to occur, other measures can be implemented to restore service. Chase Field happens to be an important site for emergency preparedness, which is why a generator will be needed there. Commissioner Erwin inquired what the proposed facility could do standing by itself if the Rose Canyon fault were to become active and land lines were cut between here and somewhere else. Mr. Doherty. replied that it would act as a relay between other cellular sites. He cited the Loma Prieta earthquake where Pacific Bell was out of service for 12 hours but cellular service was only out for 34 minutes. Not all cell sites would remain in service during a major disaster, but there is enough redundancy in the cellular system to provide emergency service. During the Loma Prieta earthquake, building inspectors walked San Francisco inspecting buildings. They used cellular phones and fax machines which gave them instant communications. Commissioner Erwin inquired if, in a major disaster, Chase Field could stand alone and act as a relay for emergency communications. Mr. Doherty replied yes, as long as the wire line is not cut. If that is cut, it would require the line to be repaired or a microwave link installed in order for the system to work. Commissioner Erwin inquired how long it would take to install the microwave link in a disaster situation. Cliff Gonsalves, U. S. West Cellular Network Operations Manager, stated that if all cellular sites were on microwave, a major earthquake could stop the system from operating. Therefore, a certain percentage only operate on wire line and a certain percentage only operate on microwave so that during a disaster, there is a good probability that a significant number of ceil sites will be operable. It is possible to install a microwave dish and its related equipment within four hours. It is impossible to project how long it would take to replace a wire line. Pacific Tel could take anywhere from 1/2 hour to four days. In the event of an emergency, U. S. West Cellular has a warehouse in San Diego already stocked with microwave radios, microwave antennae's, and towers just sitting there ready for a disaster. They also have a nationwide contingency plan and can readily get other needed equipment flown in from another site. Mr. Gonsalves stated that it would be nice to have microwave at this location but since the residents are so opposed to it, U. S. West Cellular can accept using wire line instead. In an emergency, microwave could be added quickly. Commissioner Erwin inquired if U. S. West Cellular would accept a condition for the microwave. Mr. Gonsalves replied that they had already come to that conclusion. Mr. Doherty stated that U. S. West could not absolutely promise that they would have a microwave link up in running in four hours in an emergency situation. For instance, if it was a very severe situation like the Oakland Freeway collapse in Loma Prieta, he doesn't know if they could even reach the site, but there are contingency plans to provide service. There are mobile cell sites that can be flown in, if necessary, and they also work together with the other carriers. In the recent floods in the Midwest, their competitor in MINUTES PLANNING COMMISSION October 20, 1993 PAGE 4 Omaha had their entire switch knocked out. Within a day, U. S. West was routing every one of their competitor's calls. In a disaster situation, all of the competitors work together to maintain lifesaving communications. Nevertheless, in every recent disaster (Hurricane Andrew, the fires in Oakland, and Loma Prieta, cellular communications have proved to be the most reliable. You might not be able to reach your home on a cellular phone because the line has been cut, but you can reach emergency personnel and emergency personnel can reach each other. Commissioner Erwin was sorry that Mr. Doherty could not provide a computer simulation of the view from Harding Street. Mr. Doherty replied that the pole will be located in the center of the park so there should be little if any impact. Their experience has been that the pole cause some concern when they first go in but soon blend with the skyline and become invisible. Commissioner Welshons inquired what the next step would be if the Chase Field site reaches capacity. Mr. Doherty replied that the first step would probably be to reconfigure the system and probably add another cell site. By 1996, U. S. West will be implementing a new technology called CDMA, which will allow the capacity for a cell site to be increased 1,000 times. At that point, they don't anticipate adding new cell sites for capacity, only for coverage issues such as low radio frequencies due to terrain topography. Commissioner Welshons inquired if more antennas could be installed closer together to reduce the height. Mr. Doherty replied that if additional cell sites are needed, they could be added in between. Commissioner Welshons inquired if the antenna were only allowed to the height of the present light poles, could another antenna be installed somewhere to adequately cover the Carlsbad area. It would be possible to install a site in North Carlsbad and one in South Carlsbad but the antennas would have to be 60 ft. tall to cover the area in between because of the terrain topography. Commissioner Welshons inquired if U. S. West Cellular plans to switch to PCN technology in the future. Mr. Doherty replied that the U. S. West Cellular sites become more important with the movement to PCN and they will probably participate in that technology. He cannot foresee the future but felt it was important to note that PCN cannot be used in a moving vehicle. Commissioner Welshons inquired if he could accept a condition for U. S. West Cellular to remove the antenna if it becomes obsolete and no longer needed. Chuck Walden, Utilities/Maintenance, stated that the City's signed lease already contains a condition which gives us the option of having the pole removed. Commissioner Welshons inquired if U. S. West Cellular currently has leases with the City on other cellular sites. Mr. Doherty replied that they have one lease with the Carlsbad Water District. They also have a cellular site in Encinitas. The other cellular sites in Carlsbad belong to Pac Tel Cellular. Commissioner Erwin stated that he thinks he heard that the Chase Field site would not be needed in an emergency. Mr. Doherty replied that, to the contrary, this site will be very valuable. However, if the disaster happens to occur in Carlsbad, the surrounding sites would be used to fill the void. Chairman Noble asked about the cellular site near Poinsettia that was supposed to be an ideal location. Mr. Doherty replied that the Poinsettia site belongs to Pac Tel Cellular. U. S. West Cellular has never identified or talked to anyone about a site near Poinsettia. It becomes confusing with two companies and, although the systems operate similar to one another, the engineering philosophy is quite different. Ofelia Escobedo, 3292 Roosevelt, Carlsbad, speaking on behalf of the Barrio Carlsbad Association, addressed the Commission and reviewed the history of Chase Field for the benefit of the Commissioners. Even after meeting with Mr. Doherty and reviewing the changes which are proposed, the Barrio Association still has the same objections to the antenna that they had on September 1st. They are still concerned that although the planning for this communications facility began about one year ago, the MINUTES PLANNING COMMISSION October 20, 1993 PAGE 5 Barrio Association was only contacted two months ago, which makes the residents in the Barrio feel like second rate citizens. She urged the Commission to disallow the CUP. Fern Cramer, 775 Palm Avenue, Carlsbad, addressed the Commission and stated that she lives across the street from Chase Field. Although the improvements being proposed will be a windfall for Little League, they do not have to live there and look at that antenna every day. She does not feel the City should lease out any part of a public park for a money-making venture. She thinks U. S. West Cellular could probably get the same reception from an antenna at the Senior Center or the Union Church. She submitted a CUSD memo dated September 8,1993 which states that there is still very little known about EMF and Mrs. Ellen Assletten, a member of the State EMF Task Force, recommends against locating communication retransmission facilities near schools. She hopes the Commission will deny the CUP. Kathie Delgado, 370 Redwood, Carlsbad, addressed the Commission and complemented Mr. Doherty on his excellent presentation. She also appreciated the fact that he had met with the Barrio Association even though he was unable to mitigate the main concern that residents don't want to look at the antenna or the fact that it is located on the children's property. She feels there are still many unresolved issues. No one can say if the facility will cause property values to be lowered. The health issues are still unknown. As long as these issues are unresolved, the residents will be concerned. She doesn't believe that U. S. West Cellular is offering enough incentive to mitigate looking at the antennae. She thought that the light poles at Chase Field would be lower than the antenna but the computer simulations which" Mr: Doherty presented showed the antenna shorter. BobCaputo, 2634 Valewood Avenue, Carlsbad, representing Carlsbad Youth Baseball, addressed the Commission and stated that there are 10 people in the audience from his group who are very much in favor of this project. They have done a lot of research and can see no negative effects. The modifications to the snack bar and storage is a major benefit and is very much needed to support the children's sports activities. U. S. West Cellular is being very cooperative and providing many improvements to the park. He does not feel it is commercialization since they only want to use the air space above the park. Chase Field serves the entire City of Carlsbad. Carlsbad Youth Baseball turns no one away. Every child who comes gets to play and many kids are on full scholarship. He is sorry to see-that this has been a political football. He implored the Commission to approve the CUP without regard to the political issues. The improvements will benefit 800 kids. Commissioner Erwin inquired who operates the snack bar: Mr. Caputo replied that the parents do. It is open during spring softball season. The City does not charge for utilities: Commissioner Erwin inquired if he would be willing to do some outreach with the Barrio Association. Mr. Caputo replied that he would be very willing to do so. Mario Monroy, 3610 Carlsbad Boulevard, Carlsbad, representing the Northwest Quadrant Task Force, addressed the Commission and stated that they object to the use of Chase Field as a commercial venture. No commercial ventures should be conducted on park lands. In the next five years, every telephone pole will be a cellular transmission center due to the exploding technology. He expects that U. S. Cellular will be back before two years asking to expand again. He cannot believethis is theonly site that can be used. If the City charged royalty fees on every cellular transmission, they could lower our property taxes. Kathleen Apodaca Marquez, 3329 Jefferson, Carlsbad, addressed the-Commission and stated that she has turned in a petition with over 200 signatures opposing this CUP. The signatures are from residents, Board members, and parents of children who play in Little League. She lives across from Chase Field. She does not want to open her curtains and look at a 60 ft. tower. She works with troubled youth. The youth take pride in the fact that graffiti has stopped in their neighborhood. The Barrio Association is constantly working to improve the area and she can see no benefit that the tower can provide at that location. She hopes the Commissioners will vote No. MINUTES PLANNING COMMISSION October 20, 1993 PAGES Andrew Patton, 880 Magnolia, Carlsbad, addressed the Commission and stated that he has met with U. S. West Cellular. They have told him that the antenna could not be put anywhere else because the cost would be prohibitive. If the tower is approved, it will lower property values by as much as $30,000 for those homes adjacent to Chase Field. The property values on Magnolia will probably be reduced by $5,000. He doesn't want to hurt the kids but he thinks there are other ways for the improvements to be funded. If the parents of the kids who play Softball at Chase Field saw their property values reduced by $30,000 the is sure they would yell and scream also. Mr. Patton is against this project. Commissioner Erwin inquired about Mr. Doherty's statement regarding the cost being prohibitive at any other location. Mr. Patton replied that Mr. Doherty told him it was an economic decision to locate the antenna at Chase Field. Otherwise, they would have to install two separate antennae's. He thinks it is interesting that the City will only receive about $10,000 a year from U. S. West but the reduced property values would reduce the property taxes and probably cost the City at least that much, or more. Commissioner Erwin inquired if he was an appraiser. Mr. Patton replied that he is not an appraiser but he works in the construction industry. His information about the lowered property values came from Lael Dewhurst, a local realtor and appraiser. Or. Sandy Parsons, 3575 Roosevelt Street, Carlsbad, a professor in education and educational technology, addressed the Commission and stated that she contests Mr. Caputo's testimony that this all boils down to hurt feelings. She lives in the Barrio, runs and walks in the Barrio with her dog and the children. It is very rich in historic culture and architecture. Of all the testimony she has heard tonight, two issues have been left out—that of ethics and principle. The aesthetics and health issues are very questionable. Although Mr. Doherty pointed out that there is no peer reviewed research proving any health hazard by these antennae's, she would like to state that there is also no peer reviewed clinical research that they are not a health hazard. The effects of cellular technology is currently being researched and it is still to soon for conclusive results to be available. She thinks that the City should show support to its citizens. As a resident of the Barrio, she thinks it is important for the Commission to listen to the people who live there, work there, and play there. The area around Chase Field is not a ghost town just because the people who play softball go home when their game is over. She intends to buy property in the Barrio and it is a very important issue how Carlsbad's Commissioners listen to its citizenry. She just cannot believe that this antenna cannot be moved three or four blocks to City Hall property. It would still bring revenue to Carlsbad and it would meet U. S. West Cellular's business goals. But most of all, it would appease the citizens who live in the area and who do not want the antenna outside their front window where their children play. She implored the Commission to disapprove the facility. Michael Newman, representing Safe Rides, which is funded by the Boy Scouts of America, addressed the Commission and stated that he came to the meeting at the request of Larry Doherty. U. S. West Cellular has been an active leader in their organization by providing phones and financial support. Furthermore, for the last eight years he has lived below the towers at Cowles Mountain. Not only has he never heard anyone talk about them, he doesn't believe they have affected the neighborhood in any way. Commissioner Erwin requested Mr. Newman to explain the purpose of the Safe Rides organization. He replied that it is a program for high school students which operates from 10:00 p.m. to 2:00 a.m., on Friday and Saturday nights. High school kids man phones and they are called by kids who need a safe ride home, whether it be a girl in a date rape situation, kids who have become stranded, or kids who find themselves with an intoxicated driver. Drivers are dispatched to pick them up. The drivers are equipped with U. S. West Cellular phones so they can keep in contact with the base station. His purpose for being here tonight is to state that U. S. West Cellular is an active member of the communities they serve and he is sure that it won't be long before they find a way to become active in the Carlsbad Barrio as well. Commissioner Welshons inquired if he has experienced the loss of transmission in parts of Carlsbad. Mr. Newman replied that it happens frequently. MINUTES PLANNING COMMISSION October 20, 1993 . PAGE 7 Bob Biletz, past President of the Carlsbad Girls Softball Association, addressed the Commission and stated that he has first-hand information on the cost of running a Little League operation. Girls Bobby Sox used to play at Chase Field until Calavera Park was built. He is also a U. S. West employee and he has experienced many problems with phone transmissions in Carlsbad. He thinks that the antenna will be practically invis e. Furthermore, the beautiful new snack bar will conceal all of the equipment and will certainly be an improvement over what is there now. He does not think the property values will be reduced. Chase Field supports the entire community and not just the Barrio. He thinks the needs of all the children need to be given consideration. Gil Apodaca, 3345 Madison, Carlsbad, addressed the Commission and stated that this facility will not benefit the Barrio in any way and they don't want it in their neighborhood. He thinks that the City of Carlsbad already has a disaster preparedness plan which will certainly provide for communications in the event of an emergency. He believes that the Barrio is being sold out for $10,000. He thinks the City needs • to be more concerned about the quality of life for Barrio residents. When Mr. Doherty met with the Barrio Association, he discussed what was good for his corporation, not what was good for the Barrio community. Chase Field was built for youth recreation and not as a money-making venture. He thinks that residents of the Barrio should have some say in what happens in their community. They pay property taxes just like every other property owner. If the tower were proposed for a more affluent area, he is sure it would be turned down. Chuck Canada, 4502 Sierra Morena, Carlsbad, addressed the Commission and stated that he is a Sr. Project Coordinator and Sr. Estimator for a project development company and has more than 20 years experience in this field. He is also the manager of a Carlsbad Youth team. He believes this is a very well designed project with very low impacts on the community. He has been involved in the construction of six microwave towers this past year and most of them have been extremely ugly. He wouldn't mind having the proposed facility in his back yard. John Jones, 3344 State Street, Carlsbad, addressed the Commission and stated that PCN technology is available today and he knows that it can be used in cars, however it will require that antennas be located closer together. Mr. Jones stated that in Mr. Doherty's presentation, he alluded to interference from Los Angeles. Mr. Jones thinks that interference will only get worse if this antenna is built. The police and fire departments in Carlsbad already have set-asides for communications in the event of a disaster and this proposed facility is not necessary for emergency communications. Mr. Jones stated that he has friends in the Barrio. He lives in the Barrio as well, and is proud of it. He agrees with other residents of the Barrio and he does not want the antenna either. There being no other persons desiring to address the Commission on this topic, Chairman Noble declared the public testimony closed and opened the item for discussion among the Commission members. Chairman Noble allowed Mr. Doherty to rebut the public testimony. He stated that: • Commercialization of the park - Cellular communications are a public utility regulated by the PUC. The City has granted CUP's to Pac Tel Cellular on other park lands. U. S. West Cellular is not unique. • Replace the Chase Field site with two antennas elsewhere - Each cellular site costs approximately $500,000 and it would not be economically feasible to have two facilities elsewhere. • Placement of the tower near the Barrio -U.S. West Cellular does not look for distressed neighborhoods to locate cellular antennae's. They currently have cellular sites on Soledad Mountain, in the heart of La Jolla, and in Rancho Bernardo. • Peer review as to health effects - It is impossible to prove negative effects. MINUTES PLANNING COMMISSION October 20, 1993 PAGES • Discussion at Barrio meeting only dealt with what was good for U. S. West Cellular - Mr. Doherty stated that he was not directed to meet with the Barrio Association. He chose to sit down with them to discuss their differences and see what else he could do to assist the neighborhood. U. S. West Cellular has been in Carlsbad a long time and they underwrite many charitable events. They want to be a good neighbor. Commissioner Erwin inquired about the possibility of putting in two antennas rather than one. Mr. Doherty replied that it would cost another half million dollars and both antennas would have to be 60 ft. high or taller due to the physical constraints of the terrain. Commissioner Erwin inquired if more sites will be needed later to accommodate future expansion. Mr. Doherty replied that CDMA will be completed in 1996 which will increase the capability of the existing cellular sites by 1,000%. PCN looks great because it eliminates wire lines and telephone poles, but it requires a lot of antennae's. Commissioner Erwin asked Mr. Doherty to speak to the devaluation of property. He replied that he has had appraisals done in areas where facilities were built and * ?re have not been any properties devalued as the result of a cellular antennae. Commissioner Savary inquired about Ms. Delgado's remark concerning the loss of park space. Mr. Lynch replied that the current proposal is to locate U. S. West's equipment on top of the snack area and not out in the turf area. The building at the south end of the field is for the Youth Association and it will eliminate the existing Sea Container resulting in approximately 400 s.f. being returned to turf. Commissioner Savary inquired how the additional turf area could be used. Mr. Lynch replied that it could be used as a picnic or other recreational area. Commissioner Erwin stated that a decision either way will be difficult. He is sorry that the decision is being viewed as one of respect vs. non-respect rather than the real issue of whether the facility will benefit the community or hurt the community. He sees the benefit as the emergency contingency and two light poles being replaced by one antennae. He agrees that it could be unsightly but he feels that U. S. West Cellular has made every effort to correct that problem. He will vote in favor of the CUP because, overall, it will serve the entire community of Carlsbad, including the Barrio. He noted that the very first cellular antenna is located just one block from the Mayor's home and it has not been a problem for the Mayor. Commissioner Betz stated that she echoes Commissioner Erwin's comments. She lives in the same neighborhood as Mayor Lewis. The cellular antenna is not attractive but she does not recall any neighborhood dissension when it was installed. She feels the antenna at Chase Field is necessary to fill a gap and that it will benefit the entire community. Commissioner Welshons stated that she spent a lot of time studying the issues in order to make a fair decision. If it were strictly a commercial venture, she would have no trouble making a decision. However, it is not a simple yes or no. The municipal code states that public facilities are permitted in any zone and this antenna qualifies as a quasi-public facility. There are other commercial ventures on public land. Stagecoach Park is in the process of building a batting cage. The Parks & Recreation element encourages private enterprise to help offset park maintenance costs. In this case it looks as though the cart came before the horse. In reaching her conclusion, she had to look at what was best for Carlsbad as a whole. She finds the use compatible and appropriate for the community. Commissioner Savary stated that she agrees with the comments made by Commissioners Erwin, Betz, and Welshons. She will support the CUP. ' MINUTES PLANNING COMMISSION October 20, 1993 PAGE 9 Commissioner Hall stated that the dissension stems from the fact that the Barrio does not feel they have been treated fairly. He moved to Carlsbad in 1970 and lived in the Barrio for 2-3 years. He has owned property in the Barrio for over 20 years and has been involved in decisions concerning the Barrio for approximately 15 of those years. He thinks they have always been given a fair chance and he has always made every effort to listen to their concerns. In this case, he thinks the residents just don't want this in their neighborhood. He supports their view. Chairman Noble agrees with the necessity of having cellular phones but he does not need a meeting to convince him that this is the most logical and best place to place the antennae. He thinks it is an abomination to take park land and use it for any other purpose. He cannot support the staff recommendation. ACTION: Motion was made by Commissioner Erwin, and duly seconded, to adopt Planning Commission Resolution No. 3541 approving CUP 93-03, based on the findings and subject to the conditions contained therein, with the amendment to Condition #13 stated earlier, and a new condition which states that if necessary and feasible during an emergency, a microwave antenna shall be installed within 24 hours as needed. VOTE: 4-2 AYES: Commissioners Betz, Erwin, Savary, and Welshons NOES: Chairman Noble, Commissioner Hall ABSTAIN: None Chairman Noble advised those in attendance that some decisions by the Planning Commission are final but can be appealed to the City Council within 10 days of this hearing. RECESS The Planning Commission recessed at 8:25 p.m. and reconvened at 8:33 p.m. PUBLIC HEARING: 2. LFMP 87-24(A) - ZONE 24 LOCAL FACILITIES MANAGEMENT PLAN - Request for approval of an amendment to the Zone 24 Local Facilities Management Plan to includea financing plan and changes to reflect current status of certain facilities. Don Rideout, Senior Management Analyst, reviewed thebackground of the^ request and stated that staff received a letter from the Carlsbad: Unified School District (CUSD) dated October 19,1993 which states that they are concerned about impacts to the school district. Since this is a matter between the applicant and the school district, he feels the Zone 24 Amendment should be continued for one month to allow the applicant to work something out with CUSD. Commissioner Erwin inquired why this letter came forward so late. Mr. Rideout replied that he doesn't know. When letters are received, staff is obligated to respond to them: Commissioner Hall inquired that since this is a financial issue, he would like to know what role the Planning Commission has in it. It is his understanding that the City Council makes financial determinations. We might be able to save them some time. Mr. Rideout replied that there are some very complex and conflicting legal opinions regarding the school debate. Rather than the Planning Commission getting embroiled in the issue, staff feels it would be prudent to wait a month until they have a chance to resolve themselves. Commissioner Welshons inquired if anyone was in attendance from the school district. No person came forward. Mr. Rideout stated that he did not see anyone from CUSD in the gallery. MINUTES PLANNING COMMISSION October 20, 1993 PAGE 10 Commissioner Welshons stated that it is not normal to create an empty school and then fill it. Mr. Rideout replied that staff doesn't have any information on whether or not the schools are filled to capacity. They must take CUSD's word for it. Commissioner Welshons inquired if this means that the existing schools are at capacity. Mr. Rideout replied that this is what CUSD has been saying for the past month. If they don't get some kind of financing, they say they won't be able to build sufficient schools to meet the need. Commissioner Savary requested staff to explain the consequences of delaying the hearing for one month. Mr. Rideout replied that the applicant would be able to respond better than he. Commissioner Hall stated that there should be a rule that after a specific date nothing else can be transmitted and it goes to hearing. Commissioners don't have sufficient time to digest this last minute legal jargon that the attorneys always seem to throw at us. Commissioner Erwin stated that he would like to hear from the applicant. Anthony Griffith, Vice President of George Wimpy, Inc., 9171 Towne Center Drive, San Diego, addressed the Commission and stated that he represents the owner of the property. He would like to raise a point of order. The amendment before the Commission tonight relates to the current status of certain facilities, specifically that of traffic and sewage, in the absence of the So. Hedionda interceptor sewer and Cannon Road. Until the letter was received yesterday from the school district, this amendment did not relate in any way to the educational impacts. As a point of order, he does not think the educational impacts are even up for discussion this evening. The EIR was published in 1990 and was open for review until the end of February 1991. The school district made no comment to the EIR. Mr. Rideout has made reference to legal implications and there is a degree of protection for the applicant under CEQA. The local facilities management plan itself was submitted to the City on October 19, 1988. The letter from CUSD was written on October 19,1993—a five year response period. The original "will serve" letter from the school district was written on May 10,1985. In the final paragraph of that letter, it states that "the district is able to assure you [the Planning Commission] that school physical facilities will be available concurrent with need for this development as it is presently proposed." At that time the project proposed 364 dwelling units. At this time, the project currently proposes 194 dwelling units. In 1985 the school district stated they could cope with the development, yet now that the scope has been halved, they are unable to cope. Mr. Griffith realizes that the staff recommendation to continue the hearing relates to a policy matter. However, he doesn't want to have the hearing continued. If it took the school district five years to reply the first time, he can't imagine how long it will take them to reply this time. He doesn't want to wait another five years and would like the amendment to go to vote tonight. Chairman Noble advised the applicant that the Growth Management Plan which was voted in by the citizens dictates that facilities must be in place or the City must have assurances that they will be built. Chairman Noble asked staff if Zone 24 could be heard tonight, knowing full well that the City Council won't approve it until the school issue has been settled. Mr. Rideout replied that there is a great deal of confusion about what the City can and cannot require regarding schools. The most preferable way to deal with this issue would be for the applicant to meet with CUSD and work out their differences. However, he thinks the school issue can be resolved in a month. Mr. Griffith would like to know what makes Mr. Rideout think he can resolve this issue in one month when there has been no contact with the school district in over five years. He feels he has protection under CEQA and if it means paying some high priced attorneys to push the issue, he can do that also. MINUTES