HomeMy WebLinkAbout1987-03-04; Planning Commission; Minutes-
Meeting of:
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PLANNING COMMISSION Time of Meeting: 6:00 p.m.
Date of Meeting: March 4, 1987 Place of Meeting: City Council Chambers
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CALL TO ORDER:
Chairman Marcus called the Meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE was led by Chairman Marcus.
ROLL CALL:
Present - Chairman Marcus, Commissioners Hall, Holmes, McFadden, Schramm, and Schlehuber
Absent - Commissioner McBane
Staff Members Present:
Michael Holzmiller, Planning Director Charles Grimm, Assistant Planning Director Mike Howes, Senior Planner Gary Wayne, Senior Planner Bobbie Hoder, Senior Management Analyst Phil Carter, Senior Management Analyst Ron Ball, Assistant City Attorney Lloyd Hubbs, City Engineer David Hauser, Assistant City Engineer
PLANNING COMMISSION PROCEDURES:
Chairman Marcus reviewed the Planning Commission procedures for the benefit of the audience.
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA:
There were no comments from the audience.
Commissioner McBane arrived at 6:05 p.m.
AGENDA ADDITIONS, DELETIONS OR ITEMS TO BE CONTINUED:
There were no agenda additions, deletions, or items to be continued.
PUBLIC HEARINGS:
1) CUP-299 - CHAPMAN COLLEGE - Request for a conditional use permit for Chapman College to locate and hold classes at the Ocean Pointe Tech Center at 5411 Avenida Encinas.
Gary Wayne, Senior Planner, reviewed the background of the request and stated that Chapman College is a liberal arts college which has a main campus in Orange County and a satellite facility at Camp Pendleton; they are proposing a satellite facility in Carlsbad which would consist of three classrooms and administrative offices. Classes would be held in the evenings and on Saturdays. An average class size is 10 to 12 students. The Ocean Pointe Tech Center is located next to Unisys (the old Burrough's facility) in the P-M zone. The complex consists of five buildings. Chapman College would be located on the second floor of the north building which is directly across from the freeway and fronts on Avenida Encinas. The Center is presently leased by R&D and general office users. There are no hazardous materials stored on site.
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Mr. Wayne noted that a similar conditional use permit was denied by the Planning Commission which dealt with a church locating in a planned industrial area in a P-M zone. Typically, staff would not support a school locating in a P-M zone which is intended to serve industrial uses. However, in
this case, based on the nature of the school's operation, the community benefits of having an educational institution available to local residents, the existing uses within the Ocean Pointe complex, and the proximity to Interstate 5 and local transportation, staff feels that this application
differs from the recommended denial of the CUP for the church. A site review revealed that the Ocean Pointe Tech Center parking lot is virtually empty at night and on weekends and no classes would be held before 5:30 p.m. on weekdays. The building is consistent with all regulations and requirements of the P-M zone and the Fire Department has added a condition that no hazardous materials may be located
closer than 200 feet from the school.
Staff recommends approval of Resolution No. 2645 (CUP-299) based on the findings and subject to the conditions contained therein.
Commissioner Hall inquired about the parking situation prior to 5:00 p.m. and was advised that the complex is not yet fully leased, that one space exists per 318 square feet, and
that there is adequate parking for the school due to the time
offset of evening classes.
Commissioner Hall inquired about Condition 8 and was advised that the condition was to put the applicants on notice that
there was a hazardous waste spill on the adjacent Burrough's
site which is still being treated but there is no danger. Commissioner Hall asked when the cleanup would be completed and was advised that the cleanup is in the second stage and is almost over.
Commissioner Hall inquired about Condition 9 and was advised
that this condition was added by the Fire Department to
prohibit hazardous materials within 200 feet of the school site. Mr. Wayne then mentioned that a pesticide company
exists approximately 80 ft. from the proposed site, on
adjacent property, but is not an occupant of the Ocean Pointe Tech Center. The Fire Department was not concerned about the pesticide company. It was suggested that perhaps Condition 9 could be reworded to prohibit hazardous materials within the Ocean Pointe Tech Center. Commissioner Hall pointed out that 80 ft. is too close in the case of a fire.
Commissioner McFadden inquired about the requirements for
handicapped access and was advised that this situation would
be exempt under the building codes because it is a private
institution with less than 50 students in a class.
Chairman Marcus declared the public hearing open and issued the invitation to speak.
Kenneth L. Chriss, 2979 State Street, an architect representing the applicant, addressed the Commission and stated that he has worked with the Planning staff to meet all of the requirements, is pleased with the outcome of negotiations, and requested the Commission's approval of the conditional use permit as requested.
Commissioner Holmes inquired about the anticipated age span of the students and Mr. Chriss deferred answer to a
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representative of the college. Cy Conrad, Assistant Regional
Dean of Chapman College, replied that the mean age of their
present students is in the early 30's. Commissioner Holmes inquired about the minimum age and was advised that it was approximately age 18.
Commissioner Schlehuber asked if the applicant is willing to accept the conditions of the CUP and Mr. Chriss stated that the applicant's biggest concern was the hazardous usage but that after surveying existing tenants they concluded that this would not be a problem. Commissioner Schlehuber
inquired if the pesticide company located on the adjacent property would pose a problem and Mr. Chriss felt that this would not cause a hazard because there is no tank storage of hazardous waste but, rather, very low level usage of pesticide spray with automobiles taking the materials out to homes.
For clarification, Commissioner Schlehuber reread the
condition which states that hazardous occupants as defined by
Uniform Building Code, Chapter 9, may not "operate" within
200 feet of site. Commissioner Schlehuber asked Mr. Chriss
if he was familiar with Chapter 9 and Mr. Chriss stated that
Chapter 9 deals with explosives and hazardous wastes and he
does not feel that the pesticide company poses a problem
because buildings which handle hazardous waste must actually be constructed differently.
There were no more inquiries of Mr. Chriss.
There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members.
Commissioner Schlehuber inquired about Condition 8 and the meaning of "purgeable halocarbons." Mr. Wayne stated that purgeable halocarbons means that halocarbons are salts containing carbon, that they are capable of being purged, and that they are a pollutant.
Commissioner Schramm stated that she had visited the site during the day and that the parking lot was full of cars; she inquired whether there could be a conflict with people leaving work late. It was suggested that the class time could be slipped to 6:00 p.m. but Mr. Grimm stated that staff felt that sufficient cars would leave the lot to allow for students.
Commissioner McFadden stated that she favors the school concept but is concerned about the pesticide company and inquired if the applicant could address the problem and perhaps relocate the pesticide company to meet the condition.
Commissioner Schlehuber stated that although the 200 ft. is important, the applicant has no control over someone located outside of the complex. He further stated that the applicant has researched Chapter 9 of the Code and feels comfortable with the condition. Commissioner Schlehuber added that it has not been determined that a pesticide company is in violation of Chapter 9 and Chairman Marcus asked Mr. Chriss if he could answer. Mr. Chriss replied that he did not feel the pesticide company was in violation of Chapter 9 of the Uniform Building Code.
Commissioner Holmes inquired if storage of hazardous
chemicals must be offset from the property line and
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Mr. Chriss advised that not only do they have to be offset from the property line, they must be enclosed in a four hour structure.
The Planning Commission approved the adoption of Resolution No. 2645 approving CUP-299, based on the findings and subject to the conditions contained therein.
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Hall Holmes Marcus McBane McFadden Schlehuber Schramm
2) SP-27(A) - GERICO'S RESTAURANT - Request for an amendment to Specific Plan 27 for a 200 square foot retail liquor store within Gerico's Restaurant at 850 Tamarack Avenue, in the C-2 zone.
Charles Grimm, Assistant Planning Director, reviewed the background of the project and stated that Gerico's Restaurant (formerly Daisy's) consists of a restaurant, coffee house, and cocktail lounge, located on the northwest corner of Tamarack Avenue and I-5. The original plan approved under
Specific Plan 27 in 1972 established the site layout as it
exists today which requires 60 parking spaces, one access off Tamarack, and freeway signage limited to one pole sign to be shared with the neighboring service station. The restaurant facilities contain about 6,500 sq. ft. The applicant is now requesting an amendment to the Specific Plan to convert 200 sq. ft. of the existing lobby into a retail liquor store. Their on-premise liquor license does allow for off-premise sales through a separate permit issued by the Alcohol Beverage Control Board. An application for a permit to sell liquor at a gas station on the southeast corner of I-5 and Tamarack was recently denied by the City.
Mr. Grimm stated that the project does not meet the parking requirements; current standards require 90 parking spaces for a 6,500 sq. ft. restaurant. Another zoning requirement for an off-sale liquor store is that there be an unobstructed view into the premises from the street, i.e. Tamarack. The building's entrance is on the side of the restaurant and is not visible to this street. Since the existing facility does not meet current zoning requirements and would be intensifying a nonconforming use, staff recommends denial of SP-27(A).
Commissioner Holmes inquired if school district ordinances specify a minimum distance between a school and bar or retail liquor store, since the project is so close to the grammar school. Mr. Grimm replied that he could find no local requirement. Commissioner Holmes inquired if the State has such a requirement and was advised that such a requirement, if any, would surface when the Alcoholic Beverage Control (ABC) Board makes their review of the project.
Chairman Marcus declared the public hearing open and issued the invitation to speak.
Dave Duray, a general partner of Gerico's Restaurant, 850
Tamarack, Carlsbad, addressed the Commission and stated that
the primary purpose of this project is to provide food and
liquor delivery and that the emphasis of the venture will be
on delivery. The majority of walk-in trade will be from
persons who already patronize the existing business. The reason for a store front is to satisfy a licensing
requirement of the ABC. Regarding visibility, Mr. Duray
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stated that a glass store front could be installed facing Tamarack Street which should satisfy the requirement for an unobstructed view of the premises. He stated that the ABC
license has been issued pending City approval.
There were no inquiries of Mr. Duray.
There being no others to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members.
Commissioner Holmes stated that he feels the two existing retail liquor establishments on the east side of I-5 are sufficient for the area and does not see the need for a third.
Commissioner Schlehuber stated that he feels the exit/entrance to the restaurant is very narrow and he
supports the staff recommendation for denial.
Commissioner McFadden stated that the parking situation along
is such that she supports the staff recommendation for
denial.
Based on tonight's hearing, the findings contained in the
staff report, and staff's recommendation for denial, the Planning Commission approved the adoption of Resolution No. 2644 denying SP-27(A).
COMMISSIONERS \I
Hall Holmes Marcus McBane McFadden Schlehuber Schramm
Chairman Marcus advised the applicant that the decision of
the Planning Commission may be appealed by contacting the
Land Use Office located at 2075 Las Palmas during working hours.
Chairman Marcus announced to the gallery that the City Council was meeting in the conference room next door.
DISCUSSION ITEMS:
3) Growth Management Zone 3
Charles Grimm, Assistant Planning Director, gave a staff
report on the background and passage of the Growth Management ordinance in 1986. The purpose of the ordinance was to ensure that public facilities and services would be available concurrent with needs. Eleven facilities were identified by the City Council for analysis: City Administrative Facilities, Libraries, Waste Water Treatment Capacity, Parks, Drainage, Circulation, Fire Service, Open Space, Schools, Sewer Collection System, and the Water Distribution System.
The City Council has established 25 zones within the City boundaries and the ordinance requires that the growth management plan for each zone be approved by the City Council before any additional development can occur. It also requires that an building inventory be conducted for each
zone, a phasing plan, buildout projections, as well as a
finance plan. Each zone will be modified annually so that
potential shortages can be foreseen. Six zones have been
identified for immediate planning and staff is presenting a
summary of the Facility Management Plan for Zone 3 this evening. Zone 3 is a small zone south of Agua Hediona
lagoon, and is largely built out. The staff presentation of
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the plan for Zone 3 is basically an information item and no action will be taken on the plan tonight. Questions on the
plan may be accepted for clarification purposes only.
Mr. Grimm stated that the Zone 3 plan is a draft document and minor changes may be made. He asked Commissioners to
specifically look at the format of the plan, the type of information provided to see if it meets the intent of the ordinance, and to determine if the format can be carried to a larger more complex zone. The public hearing will be on
March 18. Copies of the plan are being sent out to property owners of vacant parcels.
Mike Howes, Senior Planner, filling in for Adrienne Landers, the Associate Planner who prepared much of the plan, discussed the buildout assumptions and future projections for Zone 3. In order to accomplish this objective, the following methodology was used: (1) a detailed parcel map was established, (2) aerial photos were checked to determine vacant parcels, (3) field surveys were conducted to identify residential, commercial, and industrial properties, and (4) a survey was conducted of existing building permits. The findings determined that there were three approved but undeveloped projects in Zone 3 at the present time. When these are developed there will be approximately two million sq. ft. of non-residential development in Zone 3. The existing population was established as 571 and is projected to be 623 at buildout.
Michael Holzmiller, Planning Director, stated that tonight's presentation follows the printed copy which was given to each Commissioner.
Commissioner McFadden inquired about replacement units and how they will be treated. Mr. Howes replied that replacement structures must meet current zoning and ordinance requirements. Mr. Holzmiller stated that replacement units will be an issue which must be considered.
Gary Wayne, Senior Planner, reviewed the overall phasing concept and the phasing schedule for Zone 3. He stated that phasing is necessary in order to adequately plan for development and budgeting and that phasing must be realistic. There are 21 residential units remaining to buildout in Zone 3 which will have a negligible demand on services. The phasing schedule spreads the 21 units over a 10 year period.
Commissioner Schlehuber expressed curiosity as to why 1990
was used for the peak point and Mr. Wayne replied that this
date was determined by comparing past development within the
City and the quadrant.
Phil Carter, Senior Management Analyst, gave a staff summary on the City Administrative facilities, Library facilities, and Waste Water Treatment facilities for Zone 3 and reviewed the standards and the adequacy at buildout. It was noted that Library facilities throughout the City, including Zone 3, are inadequate now and projected to be inadequate in the future. Mitigation alternatives for Library facilities was discussed.
Commissioner McBane inquired how the City will deal with short term leases for City Administrative facilities and was advised that an immediate evaluation of the conformance will
be made when the lease expires.
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Michael Holzmiller, Planning Director, explained to the Commissioners that residential development standards, i.e. Library, apply only to residential and not commercial or
industrial development.
Gary Wayne, Senior Planner, gave a staff summary on the Park facilities for Zone 3 and reviewed the adequacy at buildout.
It was noted that future Park facilities are projected to be
inadequate and that the City could collect Park-in-lieu fees
so that parks could be built. Except for Macario Canyon
located in the northwest quadrant, Mr. Wayne stated that future community parks are not likely to be developed.
Commissioner Holmes inquired about the specific location of Alta Mira Park and was advised that it is a 12 acre parcel
located on a slope where tomatoes are currently planted.
Commissioner McBane inquired about the status of Cannon Park
and was advised that Cannon Park is leased on a year-to-year
basis from San Diego Gas & Electric. The lease has not been
terminated.
Commissioner McBane requested clarification on special
consideration given to slopes at Alta Mira which made a portion of the park unusable and asked if the same case applied to other parks with slopes. Mr. Carter replied that
special considerations for slope problems would carry to all
districts.
Commissioner Schlehuber inquired about Macario Canyon being
credited for a 25-acre park when the area actually
encompasses 300 acres. Mr. Wayne replied that each quadrant
is given credit for a portion of Macario Canyon.
RECESS
The Planning Commission recessed at 7:25 and reconvened at
7:40 p.m.
Chairman Marcus recognized Frank Aleshire, City Manager, who
gave a brief report on the City Council meeting and the Hosp Grove issue. The City Council (1) directed the City Attorney on the Concerned Citizens Proposition G issue to vigorously defend the case and oppose the motion to declare that Proposition G is the law of the land; (2) to request the judge to lift the moratorium on building permits; (3) if we
are not successful in getting the moratorium lifted, to ask
for an exemption for single family dwelling units,
owner-occupied, that have already filed for building permits,
which comprises approximately 55 units; (4) directed the
City Attorney to return on March 17 with a legal purchase
agreement to carry out the election dictate to buy Hosp
Grove; (5) that an item be placed on the Council agenda on
how to get the $7 million to pay for the purchase of Hosp
Grove; (6) directed the City Attorney to request a withdrawal of the Odmark law suit that has been filed against the City to sustain the Hosp Grove; (7) and that an ordinance be drawn repealing the zoning in Hosp Grove.
Gary Wayne, Senior Planner, gave a staff summary on the
Drainage facilities for Zone 3 and reviewed the adequacy at buildout. It was noted that the master drainage plan does not indicate the need for additional drainage facilities in Zone 3 now or in the future.
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Phil Carter, Senior Management Analyst, gave a staff summary
on the Circulation Facilities for Zone 3 and reviewed the
adequacy at buildout. It was noted that circulation is the
most complicated facility to analyze because many of the intersection impacts are generated by out-of-zone traffic. The 21 additional residential units will have little or no impact on circulation but future commercial/industrial would have impact. Three intersections were identified as
non-conforming at traffic levels generated with existing plus approved projects.
Commissioner Schlehuber questioned how a fair standard can be established when the traffic is generated from outside the
area. Planning Director Holzmiller replied that circulation needs to be evaluated on a regional basis and stated that a detailed traffic study would be presented in the near future.
Commissioner McBane inquired about the financing of improvements and was advised that the funding mechanism and mitigation to correct the problem would be necessary before improvements were made. Mr. Carter stated that funds are now being collected for the improvement of the Palomar Airport Road bridge.
Mike Howes, Senior Planner, gave a staff summary on the Fire facilities, Open Space facilities, and School facilities for Zone 3 and reviewed the adequacy at buildout. It was noted that the 21 additional residential units would have little or no impact on these facilities.
Phil Carter, Senior Management Analyst, gave a staff summary on the Sewer Collection System and the Water Distribution System and reviewed the adequacy at buildout. It was noted that the Sewer Collection System for Zone 3 is adequate but that both sewer interceptors will be upgraded as a result of future upstream demands outside of Zone 3. The Water Distribution System is adequate now and should remain so in the future. A brief discussion ensued on the financing of upgrades generated from out of the area.
Charles Grimm, Assistant Planning Director, gave a brief review of all facility impacts which had been discussed and stated that staff will be available on a one-on-one basis should any of the Commissioners desire more explicit information on the Zone 3 plan or facility standards in general. He reminded Commissioners that the public hearing will be held on March 18.
4) Right to Go On Property
Planning Director Holzmiller stated that this item was put on the agenda at the request of Commissioner Holmes. He then stated that the application form which is signed by the property owner has been amended to allow on-site visits by
Planning Commissioners. Commissioner Holmes requested that the approval also include Design Review Board members.
The Planning Commission approved revision of the Land Use Application form to include approval of the property owner to allow on-site visits by Planning Commissioners and Design Review Board members (actual wording recommended by staff and approved by the City Attorney's office).
Hall Holmes Marcus McBane McFadden Schlehuber Schramm
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5) Economic Study
Planning Director Holzmiller stated that this item was put on the agenda at the request of Commissioner Hall. He then reviewed the background of the economic impact analysis of the general plan and stated that he would recommend the study be done by an outside consultant due to the substantial amount of staff time required to conduct such a study and the several high priority projects presently being worked on by staff.
Commissioner McBane inquired whether the study would produce a useable computer model for dynamic analysis and Planning Director Holzmiller concurred with the need for such a model.
Commissioner McFadden inquired whether there is a way to address the intangibles in order to make quality judgements. Planning Director Holzmiller stated that the cost and content of an economic study would have to be renegotiated.
Commissioner Schlehuber suggested that the concept be referred to the Council and if the Council accepts, that it be referred back to the Planning Commission for input.
Motion was duly made, seconded, and carried to recommend to the City Council the need for an economic impact analysis of the general plan, to be done by an outside consultant, and, if accepted, that the matter be referred back to the Planning Commission for input.
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Hall Holmes Marcus McBane McFadden Schlehuber Schramm
6) Noise Barriers
Planning Director Holzmiller stated that this item was put on the agenda at the request of C,ommissioner McBane. Commissioner Schlehuber stated that his motion was only to include the information in the packets and not as an agenda item. Commissioner McFadden stated that she would like to hear the information since it was placed on the agenda.
Mike Howes, Senior Planner , gave the background on the noise mitigation request for Holiday Park and stated that staff has contacted Caltrans to determine if a plan is available to construct noise mitigation along this portion of I-5 in the near future. He was advised that this section of I-5 has not
been ranked nor is likely to be ranked soon; however,
Carlsbad can submit a formal request to Caltrans for a study and ranking of the noise condition adjacent to Holiday Park.
Commissioner McFadden inquired whether a study had ever been done and Mr. Howes advised that the only study he was aware of was at Windsong Cove.
Commissioner Schlehuber inquired whether the study was free or if a cost was involved. After a brief discussion by Commission members on the possible costs of a noise mitigation study by Caltrans, Commissioner Schlehuber stated that he would not recommend the study unless it was free and does not feel the study requires a high priority unless it is free.
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March 4, 1987 PLANNING COMMISSION Page 10
Motion was duly made, seconded, and carried to request staff to investigate the cost of a noise mitigation study by Caltrans and report back to the Commission.
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Commissioner Holmes requested that the minutes of February 18, 1987 be corrected to reflect Commissioner Hall's name on line 1 of paragraph 4, page 7.
The Planning Commission approved the minutes of February 18, 1987 with the above stated correction.
ADJOURNMENT:
By proper motion, the meeting of March 4, 1987 was adjourned
at 8:27 p.m.
Respectfully submitted,
MICHAEL HOLZMILLER Planning Director
BETTY BUCKNER Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTFS ARE APPROVED.
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