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HomeMy WebLinkAbout1987-05-20; Planning Commission; Minutes, ‘-s ‘7 r T MINUTES Meeting of: PLANNING COMMISSION CORRECTED Time of Meeting: 6:00 p.m. Date of Meeting: May 20, 1987 Place of Meeting: City Council Chambers COMMISSIONERS 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, McBane, McFadden, Schramm, and Schlehuber Staff Members Present: Michael Holzmiller, Planning Director Charles Grimm, Assistant Planning Director Gary Wayne, Senior Planner Nancy Rollman, Associate 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. AGENDA ADDITIONS, DELETIONS OR ITEMS TO BE CONTINUED: At the request of Charles Grimm, Assistant Planning Director, Information Item Nos. 8) and 9) were moved ahead of Public Hearing Item Nos. 6) and 7). CONTINUED PUBLIC HEARINGS: 1) ZCA-198 - CITY OF CARLSBAD (PC ZONE - PARES An amendment to the Planned Community (PC) zone of the Zoning Ordinance (1) to add new provisions regarding Master Plan community parks requirements and timing, and (2) to include provisions that all Master Plans be required to address four separate categories of open space as identified by the Citizens Committee for the review of the Land Use Element of the General Plan. Charles Grimm, Assistant Planning Director, reviewed the background of the request and stated that on March 18 the Planning Commission continued ZCA-198 so that staff could do more research on Section 21.38.060(S) of the proposed ordinance amendment. Staff now recommends that this section be modified to require (A) that the developer enter into a recordable agreement with the City at the time of Master Plan approval promising to dedicate the park area prior to the first final map; (B) actual dedication sometime between the adoption of the tentative map and approval of a final map; (C) the master plan to include the location of the park, a biological and soils analysis of the site along with a Hall Holmes Marcus McBane McFadden Schlehuber Schramm -7 ‘I P MINUTES May 20, 1987 PLANNING COMMISSION Page 2 COMMISSIONERS \: culture (sic) resources inventory and any other environmental reports as may be required by the Planning Director, and a conceptual development plan of the park to the satisfaction of the Parks and Recreation Director; and (D) a written statement whether or not the park site has ever been used for the disposal or storage of toxic wastes. Chairman Marcus inquired if paragraph C should be corrected to read "cultural" instead of "culture" and was advised that cultural was correct. Commissioner McFadden inquired if the first final map means the master plan itself and Mr. Grimm replied that, generally, the first final map in a master plan means the master tentative map, which subdivides the area into neighborhoods rather than specific lots. Commissioner McBane referred to the language of the ordinance, Exhibit A, Subsection 060(1)(C) which reads, "An integrated open space program that is at least fifteen percent of the total master planned area..." and inquired if this referred to non-environmentally constrained developable area. Mr. Grimm replied that this percentage referred to the total area of the master plan. Michael Holzmiller, Planning Director, added that the Growth Management Plan states non-environmentally constrained developable area but that it is referring to an open space requirement for an entire zone rather than a master plan which is contained within a zone. They are two different standards. Commissioner McBane stated that the first edition of the zone code amendment specified a constraints map requirement and wondered if this was no longer necessary. Mr. Grimm replied that the intent of the geological and biological surveys is the same but that the Commission may want to specifically mention a constraints map. Chairman Marcus declared the continued public hearing open and issued the invitation to speak. There being no person 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 felt that Commissioner McBane's concern about a constraints map is adequately covered by the requirement for a conceptual development plan approved by the Parks and Recreation Director. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2627 approving ZCA-198, based on the findings and subject to the conditions contained in revised staff report dated May 20, 1987, and, further, to replace the word "culture" with "cultural" on page 2, line 16, of the ordinance amending Title 21, Chapter 38, Section 060 of the Carlsbad Municipal Code. 2) CUP 87-l - ZAPPCO DEVELOPMENT - A request to approve a conditional use permit to allow a manager's residence at a warehouse facility in the PM zone. Charles Grimm, Assistant Planning Director, reviewed the background of the request for a manager's residence in the Carlsbad Airport Centre located north of Palomar Airport Road Hall Holmes Marcus McBane McFadden Schlehuber Schramm P 7 MINUTES May 20, 1987 PLANNING COMMISSION Page 3 and stated that this item was continued so that the liability issue of approving a residence in the airport flight activity area, contrary to the McClellan Palomar Airport plan, could be investigated. Ron Ball, Assistant City Attorney, stated that approval or denial of this application should be consistent with the comprehensive land use plan. If approved, he recommends that the applicant be required to execute a recordable document stating that he will not sue the City or the Airport for any claim, liability, damage, nuisance, or inverse condemnation claim arising from the legitimate and lawful operations of that facility. Commissioner Schlehuber inquired whether a hold harmless agreement would be appropriate but Mr. Ball replied that a hold harmless would not prevent third party suits, whereas a recordable covenant would bind any person in privity with the landlord. Commissioner McFadden inquired whether the signed agreement would bind future employees of the applicant and Mr. Ball replied that third parties would be put on notice if the document is recorded. He further stated that a condition of the CUP could require employees to acknowledge existence of the recorded covenant and operations of the airport. Commissioner Holmes inquired if this condition would run with the land and Mr. Ball replied that a recordable document would cover this provision. Chairman Marcus declared the continued public hearing open and issued the invitation to speak. Don Agatep, a Planning Consultant representing the applicant, ZAPPCO Development, addressed the Commission and stated that it was his understanding that the public hearing was continued to discuss the propriety or impropriety of having a resident manager on the site. He inquired if the applicant withdrew the request to place a manager's residence on the site, would the City Attorney's comments still apply to all the employees as well as the potential tenants of the storage facility and, if so, would a CUP still be required. Mr. Ball replied that if there is no request for a CUP then there can be no requirement for the applicant to file a recordable document and his comments would not apply. Mr. Agatep then inquired if the applicant would be permitted to have an employee on the site 24 hours a day to monitor security without actually living on the premises. Mr. Ball replied that the only reason a CUP is required is to satisfy the request to locate a residence in a PM zone. The applicant withdrew his request for a conditional use permit. There being no other person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to accept the withdrawal of applicant's request for CUP 87-l. Hall Holmes Marcus McBane McFadden Schlehuber Schramm ‘m ‘1 P T MINUTES May 20, 1987 PLANNING COMMISSION Page 4 PUBLIC HEARINGS: 3) DC 87-l - KATES - An appeal of the Planning Department's denial of a large residential daycare permit on property located at 4104 La Portalada Drive. Charles Grimm, Assistant Planning Director, reviewed the background of the request and stated that the City's ordinance and state law do permit by right a small daycare home for up to six children in a single family zone. The ordinance permits a large daycare home (7-12 children) in single family zones with a daycare permit. The permit ensures that the large daycare home is compatible with the surrounding area and does not cause traffic, parking, or noise problems. Staff recommends denial because it is felt that the property does not have adequate ingress and egress to ensure the dropping off and pickup up of children, the daycare facility would increase traffic and parking on a low density, residential cul-de-sac street, the play area for 12 children would cause adverse impacts to adjacent property, and the daycare facility in general would not be compatible with the surrounding neighborhood. Chairman Marcus declared the public hearing open and issued the invitation to speak. Georgine Brave, 444 West "C" Street, Suite 200, San Diego, counsel for Richard and Vickie Kates, addressed the Commission and stated that she also represents the San Diego Family Daycare Association, composed of over 4,000 family daycare providers, and the Childcare Resource Service which receives State funds from the YMCA. She quoted the State law, Health and Safety Code Section 1597.30 through 1597.65, which states that cities cannot forbid or restrict family day care homes on lots zoned for single-family dwellings and that local ordinances must prescribe reasonable standards and take into account noise levels generated by children. She maintains that denial of a 12-child facility is an unreasonable standard since a couple could have 12 children of their own and not be forced to move out of their home. She also stated that many cities in San Diego County and California currently allow 12-child facilities to be located on cul-de-sacs and that the law was enacted to provide children of working parents the same home environment as provided in a traditional home setting. Commissioner Schlehuber inquired which section of the code covers traffic impact and Georgine Brave replied that traffic is included in reasonable standards, Section 1597.46(3), and that Mr. Kates, a traffic police officer, will be addressing the traffic situation. Richard Kates, 4104 La Portalada, Carlsbad, applicant, addressed the Commission and stated that he and his wife had purchased their home in November 1984 and in April 1985 became licensed for a 6-child daycare home. In October 1986, they obtained a license for 12 children and attempted to acquire a business license through the City of Carlsbad. They processed the necessary paperwork and were granted tentative approval; denial by the Planning Director was received in May 20, 1987 PLANNING COMMISSION Page 5 April 1987. Mr. Kates presented a diagram of the area, explained the available parking, stated that he has widened his own driveway to accommodate three vehicles, and presented the traffic count of a traffic study which he recently conducted on a typical Monday and Thursday. He indicated that he was willing to mitigate anything reasonable and would even be willing to replace his chain link fence with a wooden fence. He requested that the Planning Commission overturn the Planning Director's recommendation for denial. Commissioner McFadden inquired about the hours of the daycare home and Mr. Kates replied that it operates from 7:00 a.m. to 6:00 p.m., Monday through Friday, and is normally closed on holidays. Due to the full gallery, Chairman Marcus requested that a central spokesperson be appointed to speak for each side of the issue to avoid repetition. Terry Kavanaugh, 3975 Highland Drive, Carlsbad, addressed the Commission and stated that her 2 year old daughter had been cared for since 4 mos. of age by Vickie Kates and said she could not stress enough the high esteem she holds for Mrs. Kates and her staff. Mrs. Kavanaugh, a licensed psychotherapist, stated that she represents a group of united parents, al.1 of whom are in attendance, whose children are being cared for at the Kates' day care home, and that letters of support have been written to the Planning Commission. Because of her profession in evaluating abused children, she is quite familiar with area day care facilities and she stated that the high quality care being rendered by the Kates should be given prime consideration. She stated that parents receive constant reminders about vehicle safety, observing speed limits in the cul-de-sac, and parking requirements. She requested the Planning Commission to rescind the denial. Chairman Marcus requested a show of hands in favor of the Kates which was 27. Lois Pearson, 3910 Trieste Drive, Carlsbad, addressed the Commission and stated that she lives on the street above the Kates at Lot 126. She has three children of her own, her husband is a day sleeper, and she has no objection to the day care home. She appreciates that Mrs. Kates can care for her own children at home while providing a second income and that other children can also benefit from the home environment. She closed by stating that she believes as strongly about senior centers as she does day care and feels there is no substitute for the home environment. Herbert Falkenstein, 4108 La Portalada, Carlsbad, addressed the Commission and stated that he is representing the neighbors in the cul-de-sac who live at 4105, 4106, 4107, and 4110 La Portalada, as well as the next-door neighbor of the previous speaker on Trieste, and it is the consensus of these adjacent neighbors that the day care home is a nuisance situation. He does not understand the discrepancy between the show of hands and the children being cared for. Further, he feels that a business venture has no place in a residential zone. He feels the venture impacts real estate values and cited problems such as limited parking, heavy traffic, parking jams, safety hazards for children, and excessive noise. He requested the Commission to deny the Kates request. ‘5 ’ ‘. P -J MINUTES May 20, 1987 PLANNING COMMISSION Page 6 Commissioner Hall inquired how many cars Mr. Falkenstein had seen parked improperly at the end of the cul-de-sac at once and he replied that he has seen as many as six cars at one time. One neighbor counted 15 vehicles entering the cul-de-sac, one after another, on one afternoon but the figure varies from day to day. Commissioner Hall inquired about the unbearable noise and Mr. Falkenstein stated that most of it came from the back yard. Other persons will be speaking to that point. Agnes Gusnard, 4110 La Portalada, Carlsbad, addressed the Commission and stated that she is a grandparent with legal custody of a minor child. She agrees with family home day care but cannot believe Mr. Kates low traffic count. While working in his yard one day, one neighbor counted 15 vehicles entering and leaving the cul-de-sac having business with the Kates. She stated that she is a good neighbor but does not want 17 children living next door. She is concerned about enforcement, should a conditional use permit be issued. Thelma Pilcher, 3930 Trieste, Carlsbad, addressed the Commission and stated that she lives directly above the Kates and is concerned about the nuisance of noisy children, correcting adults, and barking dogs emanating from the Kates property. She is concerned that if a permit for more children is issued that the noise factor will double and inquired as to when day care becomes a business. She further stated that her neighbors are presently out of town but have written a letter stating their objection to the noise. Commissioner Hall inquired if the distance from the Kates' property to the Pilcher property was approximately 150 feet. Mrs. Pilcher was unsure of the distance but reiterated that the noise is unbearable. Commissioner Holmes inquired if there was a particular time of day when the noise was worse and Mrs. Pilcher replied in the morning from 10:00 a.m. - 12:00 noon and in the afternoon from 2:00 p.m. - 5:00 p.m., when the children were outside playing. Richard Kates, applicant, was given an opportunity to rebut the testimony given and stated that because some children are part-time, the total number of children receiving daycare in any week is 15-16 children. He stated that there are never more than 12 children there at any one time and that includes his own children. He invited the Commissioners to visit the home at any time to observe the situation; the State has observed on several occasions and has no complaints. With regards to Mr. Falkenstein's letter, it was placed on the windshield of an employee's vehicle who was parked in front of Mr. Falkenstein's home; this employee is now parking outside the cul-de-sac and since action was taken, Mr. Kates did not feel it necessary to do anything else. As regards the charge about a business venture, Mr. Kates reminded Commissioners that the law specifically exempts daycare homes from being commercial ventures. He does not feel that the property values have been reduced and challenged anyone to point out when home values have ever gone down in Carlsbad. He concluded by saying that he is experienced as a traffic officer and does not feel the traffic in the cul-de-sac is an unreasonable situation since the cars are not there all at the same time. COMMISSIONERS 5 : P 7 MINUTES May 20, 1987 PLANNING COMMISSION Page 7 Lester Gusnard, 4110 La Portalada, Carlsbad, addressed the Commission and stated that his wife has spoken earlier and he does not feel the area is safe for children due to the excessive vehicular traffic. They have lived in the area approximately ten years and the Kates moved to the area just two years ago. Paul Wilkin, 4107 La Portalada, Carlsbad, addressed the Commission and stated that the only automobiles visiting his home are from his wife's bridge club which meets monthly. He is concerned about traffic enforcement should the Kates permit be issued. Herbert Falkenstein, 4108 La Portalada, Carlsbad, returned to the podium and stated that he questions the sincerity of the applicant since the neighbors have made numerous requests of the Kates to correct parking and only recently did they even acknowledge their request. There being no other person 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 visited the area recently from 7:00 a.m. to 8:00 a.m. and again in the afternoon. He observed adequate parking facilities and both times there was minimal traffic, two cars arrived and four left. In his opinion, the homes in the area are large which, in itself, denotes children and homes with families will always produce noise. He has no problem with the daycare permit. Commissioner Schlehuber visited the daycare home and reported that it was a well-kept facility and he did not observe much noise nor traffic problems but he cannot disregard the testimony of neighbors. He feels we need this type of daycare in Carlsbad, that the ordinance meets the requirements of the State law, but that 7-12 children would probably impinge on the rights of other children in the neighborhood and, therefore, he cannot support it. Commissioner McFadden inquired about the time limit of the permit and Charles Grimm replied that it would be at the discretion of the Commission. As far as enforcement, they could only respond to complaints. Commissioner McFadden desired the record to show that she has also heard testimony on this matter as a member of the Child Care Task Force, and has heard the same comments on both occasions. She is in sympathy with the problem of traffic and parking but feels there is ample space available to pick up and drop off children but would like to see the employees continue to park out of the cul-de-sac. She would like to see the staff return with a recommendation for a large daycare home for a one-year trial period. Commissioner Hall inquired if a wooden fence would eliminate or improve the noise problem. Commissioner McBane replied that it was his understanding that the neighbor at 4103 La Portalada, the side with the chain-link fence, has not complained by letter or testimony. Chairman Marcus stated that although she has no problem with the noise, she does have trouble with the traffic, parking, and compatibility and, therefore, cannot support the permit. A . . . : /1 MINUTES May 20, 1987 PLANNING COMMISSION Page 8 Ron Ball, Assistant City Attorney, passed out copies of a memorandum he had written on December 11, 1986 which discusses a similar situation. He commented that the City can permit a use which is prohibited by CC&R's since use restrictions are separate and independent. If the Commission approves a use which is incompatible with the CC&R's, the residents of a subdivision have the private right of enforcement. As regards the State law (Child Daycare Facilities Act), the State will not allow the City to prohibit large daycare homes but the City may prescribe reasonable standards; he feels that the ordinance now in effect does reflect reasonable standards. The State will not allow the City to reject the project because it does not comply with the Environmental Quality Act. The noise standards must be consistent with the Noise Ordinance of the General Plan and must take the noise of children into consideration. Motion was duly made, seconded, and carried to not uphold the denial of a large daycare home permit on on property located at 4104 La Portalada Drive and instructed staff to return to the Planning Commission with a CUP and conditions to operate a 7-12 child family day care home. Chairman Marcus announced to the gallery that the public hearing would be continued until staff returns with a proposal for a CUP, and that the final decision of the Commission is appealable. RECESS The Planning Commission recessed at 7:45 p.m. and reconvened at 8:00 p.m. 4) CUP-300 - FEDERALEXPRESS - Request for a conditional use permit for a 60 square foot kiosk to receive packages for Federal Express delivery, in the parking lot of an office building located at the southeast corner of Faraday and El Camino Real. Gary Wayne, Senior Planner , reviewed the background of the request and stated that Federal Express Corporation is requesting a conditional use permit to operate a drive-up window, package drop-off facility (similar to Fotomat) at the corner of Faraday and El Camino Real. Approval of the Federal Express CUP would invalidate an existing approved CUP for a bank drive-through facility on this lot which expires in May 1989. Staff recommends approval of CUP-300 because the proposed Federal Express kiosk will provide a desirable service to the businesses located in the industrial area; modifications to the existing property will be minimal with no incompatibility to surrounding properties, and traffic generation can be handled by nearby streets. Chairman Marcus declared the public hearing open and issued the invitation to speak. David Borelund, 8950 Cal Center Drive, Sacramento, representing the Federal Express Company, addressed the Commission and stated that nationwide, 50% of the Federal Express traffic is in documents and 50% is in packages. It is expected that this drive-thru kiosk will receive 80% in documents. He is working closely with staff to redesign the parking area to maximize traffic flow. In a recent informal COMMISSIONERS Hall Holmes Marcus McBane McFadden Schlehuber Schramm MINUTES May 20, 1987 PLANNING COMMISSION COMMISSIONERS v study it was determined that the minimum transaction time for a kiosk is eight seconds and the maximum is five minutes, with service being rendered to regular customers on a repetitive basis. It is expected that 50% of the traffic at this kiosk will be between 4:00 p.m. and 5:00 p.m. but that it will reduce the number of Federal Express trucks now frequenting the area. Don Shepardson, El Camino Real Partners, addressed the Commission and stated that he agrees with the findings and staff recommendations and requested approval of the CUP. Commissioner Holmes would like to see the kiosk painted another color to blend in with the other buildings. Commissioner McFadden inquired about the size of vehicle which picks up from the kiosk and Mr. Borelund replied that it is a Federal Express Courier van which is a Ford Econoline truck. There being no other person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2658 approving CUP-300, based on the findings and subject to the conditions contained therein. 5) ZCA-200 - CITY OF CARLSBAD - An amendment to the Zoning Ordinance to revised Chapter 21.41 of the Carlsbad Municipal Code, Community Directional Sign Program. Gary Wayne, Senior Planner, reviewed the background of the request and stated that the existing sign program has been in effect since December 1985 and because several changes to sign locations have been requested this past year, the zone code amendment would allow the Planning Director to approve the locations for the sign kiosks. Earlier this year, Council directed staff to proceed with a ZCA to revise the ordinance. Chairman Marcus declared the public hearing open and issued the invitation to speak. Mike Pact, President of SunCal Outdoor Advertising, addressed the Commission and stated that the original map outlined 23 sign locations which anticipated future needs and for which there are currently no roads. Several sites now needing signs were overlooked and SunCal would like to have Planning Director approval for location revisions, without requiring Council approval each time. He would welcome questions. There being no other person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to approve the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2660 approving ZCA-200, based on the findings and subject to the conditions contained therein. Hall Holmes Marcus McBane McFadden Schlehuber Schramm Hall Holmes Marcus McBane McFadden Schlehuber Schramm P MINUTES May 20, 1987 PLANNING COMMISSION Page 10 COMMISSIONERS INFORMATION ITEMS: 8) SP-199 - CENTRE DEVELOPMENT - Crib wall, Carlsbad Airport Centre. Charles Grimm, Assistant Planning Director, reviewed the background of the request and stated that Centre Development Company originally requested approval of a crib wall along the north side of Palomar Airport Road, several hundred feet west of the intersection of Camino Vida Roble and Palomar Airport Road. The applicant has recently submitted an alternative eliminating the crib wall and would, instead, use numerous concrete planter boxes attached to an 18 foot high retaining wall. The planter boxes would be heavily landscaped and irrigated to disguise the retaining wall and would be attached at different height levels. Centre Development would like to retain the SDG&E powerline tower (closest to Palomar Airport Road) in its existing location due to the expense involved in relocating a powerline tower. The Traffic Department would like to see the planter boxes placed back from the sidewalk by at least one foot and contain only low-level shrubbery for optimum visibility. Staff feels the planter boxes will be attractive but would still recommend that the utility pole be relocated as originally agreed upon. Chairman Marcus declared the public hearing open and issued the invitation to speak. Nick Banche, 810 Mission Avenue, Oceanside, an attorney, addressed the Commission on behalf of Centre Development Company and stated that they had no previous knowledge to relocate a power pole and felt that the documents submitted to staff and the Commission substantiated this fact. In addition to the expensive cost of relocating the utility pole, there would be a long delay required for redesign. He stated that it is in the best interest of the City and the applicant to proceed with getting the road open and there is no safety issue involved on whether the pole stays where it is or is relocated. He requested the Commission to consider approval of the alternative proposal with the planter boxes. Frank Wagner, 3247 Avenida Anacapa, Carlsbad, addressed the Commission and stated that he is the Project Manager for Centre Development Company. He explained that it would cost approximately $150,000 for redesign plus a 67% tax to relocate the utility pole and that it would take approximately one year for the redesign process, manufacturing the new pole, construction, etc. He presented a miniature architectural model of the crib wall with landscape and explained that the wall would be a textured concrete in earth tones. In his estimation, the planned landscape design will greatly enhance the surrounding area. Chairman Marcus inquired about the cost to construct the crib wall with proposed planter boxes and landscape and Mr. Wagner replied that it would be in the neighborhood of $150,000 to $200,000. Commissioner McFadden inquired about when the project would be completed and Mr. Wagner replied that work could commence ‘3. . . f- T MINUTES May 20, 1987 PLANNING COMMISSION Page 11 as soon as the Encroachment Permit and Building Permit have been issued. Commissioner McFadden inquired about the maintenance of the median and Mr. Wagner replied that he is not sure of the serviceability of the existing irrigation pipe. If the pipe is serviceable, applicant would replant the median to the satisfaction of the Planning Director. However, if the irrigation system requires rework, he feels that should be done by someone else. He then explained where the median was located in relation to the applicant's property. Mike Foote, 5205 Kearny Villa Way, San Diego, addressed the Commission and explained that the 67% tax is an outgrowth of the recent Federal Income Tax revision. Any improvements made for a utility are now considered income to them so the tax is passed on to the developer. He stated that he does not know the applicant but that the planned landscape design is superior in all aspects and encouraged approval by the Commission. There being no other person 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 McFadden inquired of the City Attorney about the lack of understanding about the relocation of the utility pole. Ron Ball replied that the plans implied relocation but there was no express condition to relocate the pole. He does not recall any expressed testimony that stated it was a condition. Chairman Marcus' recollection is that the pole was to be relocated and she agrees with staff that this would be the most desirable option. Commissioner Schlehuber stated that he does not feel the relocation of the pole is absolutely necessary and he can support the proposal. He feels there is an advantage to moving ahead with the project without waiting for redesign. Commissioner Hall agrees with the textured concrete in earth tones and likes the proposal to replant and maintain the center median. Motion was duly made, seconded, and carried to approve the applicant's request for textured concrete planter boxes in earth tones along Palomar Road without relocating the SDG&E power pole, to incorporate the recommendations contained in Planning Department memorandum dated May 20, 1987, and to require applicant to provide landscaping and maintenance of the centermfkdian. 9) CUP-205(A) - CRAZY BURRO - Request for approval of a change of use from patio area to restaurant seating area at an existing restaurant on the east side of El Camino Real between Alga Road and Dove Lane in the C-l-Q Zone. Gary Wayne, Senior Planner, reviewed the background of the request and stated that the applicant is requesting that occasional restaurant seating be allowed on an open patio area located at the west side of the Crazy Burro restaurant. A slight redesign of the inner courtyard is proposed in addition to a vine-covered trellis. According to the applicant, the courtyard would accommodate approximately four Hall Holmes Marcus McBane McFadden Schlehuber Schramm K P T MINUTES May 20, 1987 PLANNING COMMISSION Page 12 COMMISSIONERS tables. The applicant realizes that parking is a concern and will close off an equal number of tables indoors when the outdoor seating is being used. If outside music is used for weddings or special events, it will cease at 5:00 p.m. Staff recommends approval since adequate monitoring options are available in the existing CUP to ensure compliance and was issued for two years with yearly review by the Planning Director to determine if all conditions are being met and the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. Commissioner Hall inquired if any complaints had been received since the original CUP was issued and Mr. Wayne replied that there were none to his knowledge. Chairman Marcus stated that she sees no problem if a portion of the dining room is shut down when the patio is in use. Bill Hofman, 6994 El Camino Real, Suite 208-G, Carlsbad, a planning consultant representing the owner of the Crazy Burro, addressed the Commission and stated that he is available to answer questions. Commissioner Holmes inquired how the dining room will be closed off when the patio is operating and Mr. Hofman replied that it would be accomplished with a "Section Closed" sign and rope. Motion was duly made, seconded, and carried to approve CUP-205(A) and applicant's request to change the patio area to restaurant seating at the Crazy Burro restaurant located on the east side of El Camino Real between Alga Road and Dove Lane in the C-l-Q zone, based on the findings and subject to the conditions contained therein. RECESS The Planning Commission recessed at 8:45 p.m. and reconvened at 8:53 p.m. PUBLIC HEARINGS: 6) LOCAL FACILITIES MANAGEMENT PLAN - ZONE 4 - Qn property bounded by Interstate 5 on the west and undeveloped land to the east. The subject area is divided north and south by Paseo de1 Norte and east and west by Poinsettia Lane. Phil Carter, Senior Management Analyst, passed out some revision pages to the plan, and stated that performance standards for wastewater now and in the future will be measured on a Citywide basis. Gary Wayne, Senior Planner, stated that this would be explained by the City Engineer during the staff presentation. Commissioner McFadden inquired if this meant that future zones would not show the wastewater treatment capacity as it did originally, including undeveloped zones. Michael Holzmiller, Planning Director, replied that she was correct but that undeveloped zones would be addressed differently since future development affects the time that a threshold may be exceeded. Hall Holmes Marcus McBane McFadden Schlehuber Schramm ? MINUTES May 20, 1987 PLANNING COMMISSION Page 13 Gary Wayne, Senior Planner , gave the staff report and stated that Zone 4 is almost completely built out with residential development ranging from single family to sixplexes. The area includes a new City fire station and also an undeveloped 5.12 acre commercial site. City Administrative Facilities Existing facilities meet the adopted performance standard until the year 2005, based on the phasing that was part of the Citywide facilities plan of approximately 1,250 dwellings per year , which is in line with past growth patterns and projected growth patterns as forecast by SANDAG. Library Library space is currently below standard. Until the City Council takes action approving measures which provide for library services to meet the adopted performance standards, no residential development may occur in Zone 4 or the City. Parks Park District 3 does not conform with the adopted performance standard. TheTis currently 10 acres of shortage in developed park land which, with phasing, could rise to a 25 acres shortage. Until the City Council takes action approving measures which provide park facilities to meet the adopted performance standard, no residential development may occur in the southwest quadrant. Drainage Existing facilities meet the adopted performance standard to buildout of Zone 4. Drainage facilities are generally site specific and there are no major facilities identified in Zone 4 and future needs will be the responsibility of specific developments. Circulation 'Ihe existing road segments and intersections in Zone 4 currently meet the adopted performance standard, including impacted roads as defined by the plan. Fire Existing facilities meet the adopted performance standard to buildout of Zone 4 because the entire zone is within the five minute response time of Fire Station 3 located near Poinsettia and Batiquitos Lane. Open Space Existing open space meets the adopted performance standard to buildout of Zone 4. Schools Existing school facilities currently have capacity to meet the demand generated by Zone 4. The School District has indicated that it will be able to provide capacity to buildout of Zone 4. MINUTES May 20, 1987 PLANNING COMMISSION Page 14 Sewer Collection System Existing sewer collection networks comply with the adopted performance standard to the ultimate buildout of Zone 4. Since only minimal development can occur in this zone, any increase in size of the collection system would be the result of out-of-zone impacts. Water Distribution Water service to Zone 4 meets the adopted performance standard to the buildout of Zone 4. In summary, Gary Wayne stated that there are two facilities which now fall below the performance standard in Zone 4, and the potential exists that wastewater may not conform to the standard within the five year period. Lloyd Hubbs, City Engineer, proceeded to address the wastewater treatment capacity. Wastewater Treatment Capacity The original zone plan (H3) submitted to the Commission indicated that existing facilities, Citywide, will meet the adopted performance standard, assuming the Phase IV expansion of Encina WPCF. However, a more recent review of the sewer master plan, indicates that capacity will be exceeded before the expansion occurs and interim measures will be necessary. Carlsbad's current capacity of wastewater now being treated at Encina is 5.7 MGD. The March measurement statistics indicated a flow of 4.7 MGD, with only 1.0 MGD remaining. All assumptions considered, current projections add .4 MGD per year, which is about a two-four year capacity. Flow measurements at Encina will be monitored monthly by staff. When we reach 5.25 MGD, plans to accelerate the expansion will begin immediately and interim treatment capacity will be leased from Vista or San Marcos. The Calavera Reclamation Plant could also be activated as a stop gap measure if no other options are available. Permits for the Encina expansion are being requested from the Regional Water Quality Control Board in an effort to begin posturing for the expansion. Financing to activate the Calavera Reclamation Plant and expand the Encina WPCF are available. Commissioner McFadden inquired if Calavera Hills will reclaim water or sewage processing and Mr. Hubbs replied that the original scheme for Calavera was to reclaim water but since that would cost an additional $2 million, the plant would only process sewage and send it to the outfall. The sewer master plan should be available in the near future. Commissioner Holmes inquired what the capacity would be after the Encina expansion is completed and Mr. Hubbs replied that it would increase capacity by 11.25 MGD, with Carlsbad's portion being 2.9 MGD. Mr. Wayne concluded his presentation and Chairman Marcus opened the floor to questions. Commissioner McFadden inquired if the park inventory is accurate as presented on page 57 and Mr. Wayne replied that the inventory is accurate at the current time but Council has considered amending the parks and recreation element of the General Plan. The Parks Commission has met and some COMMISSIONERS ‘: ,. P T MINUTES May 20, 1987 PLANNING COMMISSION Page 15 recommendations are being considered that Spinnaker be deleted and Altamira be placed in the future development category, which might reduce the park inventory to zero, however no action has been taken as yet. Commissioner Schlehuber inquired if the plan would be resubmitted after a change in park inventory has occurred, and Mr. Wayne replied that the plan would come back with a mitigation factor included. Commissioner McBane stated that it was his understanding that the parks and recreation element is a 1982 version and does not include Spinnaker or Altamira. Phil Carter replied that the park inventory for the plan was furnished by the Parks and Recreation Commission. Commissioner McFadden stated that there is still an inconsistency between the public facilities and the park element and inquired about how this would be addressed, referring to Finding #l on page 137. Michael Holzmiller, Planning Director, replied that the element is open to interpretation and the inconsistency should be indicated to the Council. He further stated that the Planning staff does not develop the information and that it is provided by the jurisdiction which renders the service. Commissioner McBane referred to the traffic element at Palomar Airport Road and I-5 (page 71) where several zones contribute to the congestion problem and no zone contributes more than 20% and stated that he sees this as a problem not being resolved. Phil Carter replied that the 20% standard will allow the intersection at the time it is failing to be corrected by the zones that do impact it by 20% or more. The joint City Council/Planning Commission meeting with the traffic study next week should help to answer some of these questions. Chairman Marcus declared the public hearing open and issued the invitation to speak. There being no person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. There was some discussion on mitigation and Chairman Marcus felt that Council was already on notice that the park element and the library element did not meet the performance standards. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2659 recommending approval of the Local Facilities Management Plan for Zone 4 on property generally located south of Agua Hedionda Lagoon, north of and including the Encina Wastewater Treatment Plant, east of the Pacific Ocean to a point just east of Paseo de1 Norte. Commissioners McFadden and McBane requested that the record to show that they voted "no" due to inconsistencies between the public facilities element and the parks and recreation element. 7) LOCAL FACILITIES MANAGEMENT PLAN - ZONE 2 - On property bounded on the west by El Camino Real, on the north by Highway 78, on the east generally by Elm Avenue, and the south by Tamarack Avenue. Hall Holmes Marcus McBane McFadden Schlehuber Schramm K K P ‘7 MINUTES May 20, 1987 PLANNING COMMISSION Page 16 COMMISSIONERS Nancy Rollman, Associate Planner, gave the staff report and stated that Zone 2 comprises about 800 acres in the northeast quadrant bordered almost entirely by major roadways, i.e. El Camino Real to the west, Highway 78 to the north, Elm Avenue to the east, and Tamarack Avenue to the south. Zone 2 is considered to be an "in-fill" zone because much of it has been built or is in the process of development. To summarize, there are three public facilities in Zone 2 which do not meet the performance standards, i.e. libraries, circulation, and sewer collection. Other facilities (wastewater, parks, drainage, and water distribution), while meeting the standard, do have special conditions attached to them. City Administrative Facilities Existing facilities meet the adopted performance standard until the year 2005. Library Library space is currently below standard. Until the City Council takes action approving measures which provide for library services to meet the adopted performance standards, no residential development may occur in Zone 2 or the City. Wastewater Treatment Capacity Wastewater facilities are identical to that of Zone 4 which was covered by Lloyd Hubbs, City Engineer. Parks Park District 2 conforms with the adopted performance standard until the year 1996. Two special conditions have been recommended for Zone 2: (1) that Cal avera Hills Park be completed before 4,357 residential units have received building permits in Zone 2, and (2) that public facility fees and park-in-lieu fees continue to be paid by development. The Council has directed staff to update the parks and recreation element of the general plan. If, in that process, the parks inventory for Zone 2 changes and the performance standard is not met, this plan will be updated and resubmitted to the Commission. Drainage Existing facilities meet the adopted performance standard to buildout of Zone 2. One special condition is recommended, that future development which drains into Buena Vista Creek comply with the approved sediment control guidelines for Buena Vista Lagoon. Circulation Two intersections in Zone 2 (Elm Avenue/El Camino Real and Tamarack Avenue/El Camino Real) do not meet the adopted performance standards. Both will fail at the peak hours and could be mitigated by adding additional lanes. Until this is . . . . . . ? MINUTES May 20, 1987 PLANNING COMMISSION Page 17 COMMISSIONERS brought into conformance , no development shall occur in Zone 2. Fire Existing facilities meet the adopted performance standard to buildout of Zone 2. Open Space Existing open space meets the adopted performance standard to buildout of Zone 2. Schools Existing school facilities currently have the capacity to meet the demand generated by Zone 2. The School District has indicated that it will be able to provide capacity to buildout of Zone 2. Sewer Collection System Existing sewer trunk line capacity does not comply with the adopted performance standard. Until this is brought into conformance, no development shall occur in Zone 2. Water Distribution Water service to Zone 2 meets the adopted performance standard to the buildout of the Zone. Nancy Rollman concluded her presentation and Chairman Marcus opened the floor to questions. Commissioner McFadden inquired about the sewer collection system being treated as two separate sub-basins (2A and 2B), and no construction being allowed until the Vista-Carlsbad interceptor is upgraded. She understood the standard to apply to the entire Zone and stated that it appears that the zone could be split and development proceed in a portion of the zone. Lloyd Hubbs, City Engineer, replied that traffic and sewers are somewhat different and that the intent of growth management is to have facilities available to allow development to proceed. Since the sewer collection system for this area is adequate, it would meet the intent of growth management. Commissioner Schlehuber stated that Commissioner McFadden has a good point and wondered about the propriety of splitting the zone relative to wastewater. Chairman Marcus inquired if the standard applies to the entire zone then it could mean that 2A could wait several years for 2B to catch up. Commissioner Schlehuber feels that the standard should apply to the entire zone or the policy should be revised. Phil Carter replied that sewer is treated differently than any other facility since it can be broken into a sub-basin within a zone. Staff's interpretation is that there are sewer sub-basins in zones and the adequacy of that sub-basin should dictate to that sub-zone. Commissioner Schlehuber stated that if this standard is to be treated differently, it must be defined very clearly so that it only applies to sewers. Chairman Marcus agrees. Michael I. 1. I . ,f- /1 MINUTES May 20, 1987 PLANNING COMMISSION Page 18 COMMISSIONERS Holzmiller, Planning Director, replied that this can be defined. Commissioner McFadden inquired about the master drainage plan (page 67) and the timing of the phased improvements, and wondered when the revised plan would be available. David Hauser, Assistant City Engineer, replied that the RFP is done but that funds have not yet been directed to revise the plan since the Hosp Grove initiative took precedence. He feels that if the revised master drainage plan needs to be done right away, that a motion should be made to Council to establish that priority. It could be started within two months and the revised plan could be completed within 6-8 months after that. Commissioner McFadden inquired about the cost and Mr. Hauser replied that it would be in the neighborhood of $120,000. Commissioner McFadden desired to make a minute motion to the Council and, after discussion, it was decided that the minute motion would follow the main motion. Commissioner McFadden inquired about the master plan update for the Carlsbad Unified School District which is also not available. Phil Carter replied that the Council will consider this item on May 26. Commissioner McBane inquired about the total open space of 99.3 acres on page 86 and how this is reconciled to the 15% requirement. Gary Wayne, Senior Planner, replied that the Citywide plan adopted by the Council took into consideration certain zones that had no way of ever meeting the adopted standard because they were "in-fill" zones and they determined that Zone 2 was one of these zones and this would not need to be addressed. Chairman Marcus declared the public hearing open and issued the invitation to speak. There being no person to address the Commission on this topic, Chairman Marcus declared the public hearing closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2665 recommending approval of the Local Facilities Management Plan for Zone 2 on property generally located south of Highway 78, north of Tamarack Avenue, east of El Camino Real generally to Elm Avenue and that staff make recommendations to the City Council regarding solutions to the sub-basin issue on sewer and drainage basins. Commissioner McFadden desired the record to show that she voted "no" because she was unable to make the first finding since the public facilities element and the parks and recreation element are inconsistent. A minute motion was duly made, seconded, and carried to recommend to the City Council that they look into funding for the Master Drainage Plan. Hall Holmes Marcus McBane McFadden Schlehuber Schramm Hall Holmes Marcus McBane McFadden Schlehuber Schramm K K ** . . . * May 20, 1987 ? MINUTES PLANNING COMMISSION Page 19 MINUTES: Commissioner McBane requested that the minutes of April 15, 1987 be corrected to show a "no' vote on page 5, Resolution No. 2631. He also requested that line 7, paragraph 4, page 12 be corrected to read "...question, stating it was recommended by Council that the...'. Commissioner McFadden requested that line 1, paragraph 3, page 4, of the minutes of April 15, 1987 be corrected to read "Commissioner McFadden stated she wanted to ask...". The Planning Commission approved the minutes of April 15, 1987 with the above corrections. The Planning Commission approved the minutes of May 6, 1987 as presented. ADDED ITEMS AND REPORTS: Michael Holzmiller, Planning Director, reminded the Commissioners that there would be a joint City Council/Planning Commission on Tuesday, May 26, and passed out copies of the traffic study. Mr. Holzmiller reported that a Planning Commission Workshop will be held in the near future and Commissioners should submit items of interest to his attention so that they may be included on the agenda. ADJOURNMENT: By proper motion, the meeting of May 20, 1987 was adjourned at lo:08 p.m. Respectfully submitted, - - MICHAEL HOLZMILLER Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE APPROVED. Hall Holmes Marcus McBane McFadden Schlehuber Schramm Hall Holmes Marcus McBane McFadden Schlehuber Schramm Hall Holmes Marcus McBane McFadden Schlehuber Schramm c c 5 c c c c c .I c c c <