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HomeMy WebLinkAbout1988-08-17; Planning Commission; Minutes. . . . Meeting of: Time of Meeting: 6:00 p.m. Date of Meeting: August 17, 1988 Place of Meeting: City Council Chambers COMMISSIONERS CALL TO ORDER: Chairman McFadden called the Meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE was led by Chairman McFadden. ROLL CALL: Present - Chairman McFadden, Commissioners Erwin, Hall, Holmes, Marcus, Schlehuber, and Schramm Staff Members Present: Michael Holzmiller, Planning Director Charles Grimm, Assistant Planning Director Bobbie Hoder, Senior Management Analyst Frank Boensch, Senior Management Analyst Ron Ball, Assistant City Attorney Lloyd Hubbs, City Engineer Bob Wojcik, Principal Civil Engineer Richard Allen, Advanced Planning Engineer PLANNING COMMISSION PROCEDURES: Chairman McFadden reviewed the Planning Commission procedures on the overhead for the benefit of the audience. Commissioner Schlehuber arrived at 6:05 p.m. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: There were no comments from the audience. PUBLIC HEARINGS: 1) ZCA 88-8 FLOODPLAIN MANAGEMENT REGULATIONS ORDINANCE (CITY OF CARLSBAD Lloyd Hubbs, City Engineer, reviewed the background of the request and stated that as a condition of continued eligibility for participation in the National Flood Insurance Program (NFIP), communities must adopt a floodplain management ordinance which incorporates NFIP regulations. Failure to adopt such an ordinance will result in suspension from the program. Flood insurance may not be purchased or renewed for property within suspended communities. In addition, Federal officers and agencies will be prohibited from approving any form of flood related disaster assistance grants or loans. The previously adopted Floodplain Overlay Zone Ordinance regulates development in areas within boundaries established by the City Council. The boundaries differ from those of the proposed ordinance which applies to property within boundaries established by the Federal Emergency Management Agency and the Federal Insurance Agency in the Flood Insurance Study for the City of Carlsbad dated April 18, 1983. The proposed ordinance also establishes additional standards for subdivisions, utilities, manufactured homes, and construction in areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide hazards identified in the study. The Model Floodplain Management Ordinance for California Communities provided by the California Department of Water P T MINUTES August 17, 1988 PLANNING COMMISSION Page 2 Resources was utilized as a guide in the preparation of the proposed ordinance to ensure compliance with NFIP requirements. Mr. Hubbs directed attention to the composite map on the west wall which identifies the Carlsbad flood zones; he noted that some areas were inadvertently omitted on the maps which were distributed in the packets, that the wall map is more accurate, and it is possible that there may be other areas added later as the updated Master Plan map is evaluated. Basically, the changes between the proposed ordinance and the existing ordinance is the review process. Also, the new ordinance expands the criteria to include activities such as grading, minor building expansions, and more detailed information on mobile homes in flood hazard areas. Under the current ordinance, the Planning Commission is the special use permit agency and the administrator of the program; for expediency, the proposed ordinance delegates the City Engineer as administrator, with appeal authority to the Planning Commission. However, after another review, it is felt that perhaps the Planning Commission should, in fact, continue as the administrator. Therefore, staff is recommending a continuance of this item to the next meeting, so that the city attorney can be consulted regarding some of the points in an attempt to merge the two ordinances into one; staff would like to hear comments this evening. Commissioner Holmes inquired if there are parameters which determine a disaster area and at what point is a disaster declared. Mr. Hubbs replied that a disaster must be declared by the President of the United States in response to a petition by Congress. Once declared, it opens the area up for financial assistance. Chairman McFadden inquired if this ordinance only applies to Federal assistance. Mr. Hubbs replied that there can be state disasters and federal disasters but, typically, they are both. Commissioner Schramm inquired if the insurance only applies to fresh water flooding as opposed to ocean storms. Mr. Hubbs replied that this covers flood hazards due to wave action and the ocean is designated as one of the areas. Anyone within the coastal zone would be able to obtain this insurance. Commissioner Schramm inquired if Batiquitos Lagoon was one of the areas added after the packets. Mr. Hubbs replied that the composite map includes Batiquitos Lagoon. Commissioner Schramm inquired if the composite map also identifies mudslide areas. Mr. Hubbs replied that there are no mudslide areas designated in the City at the present time. Commissioner Schramm noted that one of the local management zones recently heard by the Commission identified some mudslide areas along Palomar Airport Road. Mr. Hubbs replied that mudslide areas are not delineated on the flood zone map since they do not qualify as flood-related mudslide areas. Commissioner Schramm requested clarification of line 25, item 4(a) on page 14 which states that a variance may be issued for "good and sufficient cause. Mr. Hubbs replied that other criteria for a variance stipulate reasons which are not "good and sufficient cause" such as economic enhancement--which does not qualify. Good and sufficient cause would be determined by the review body at the time of issuance; there August 17, 1988 PLANNING COMMISSION Page 3 has to be scientific demonstration that issuance of a variance would not create a flood hazard. Commissioner Schramm inquired if there should be a requirement for insurance when a variance is issued within the 100 year flood zone. Mr. Hubbs replied that federally affiliated lending institutions universally require flood insurance for anyone located within a flood zone. Commissioner Schramm inquired about the consolidation of the two ordinances. Mr. Hubbs replied that the two ordinances do not conflict, rather they overlap. By revising the proposed ordinance to retain the Planning Commission as administrator, the old ordinance can be eliminated. Ron Ball, Assistant City Attorney, advised the Commission on the conditions for variance, page 14, and stated that item 4(a), (b), and (c) must all apply in order for a variance to be issued. Chairman McFadden questioned the accuracy of item 2, line 23, of page 14. Mr. Hubbs would like to request clarification from the government administrator. Chairman McFadden inquired how the map will be changed once it is adopted. Mr. Hubbs replied that the Federal Emergency Management Agency must be petitioned with a report and evidence for the change; they will review the information, have a hearing , and rule on the validity. Typically, they rely on the judgement of the local agency. Chairman McFadden inquired if it would be possible for them to issue a new map and he replied that this is not probable. Chairman McFadden opened the public testimony and issued the invitation to speak. There being no person desiring to address the Commission on this topic, Chairman McFadden declared the public testimony closed and opened the item for discussion among the Commission members. Motion was duly made, seconded, and carried to continue ZCA 88-8 to the next meeting on September 7, 1988. 2) OPEN SPACE ORDINANCE (CITY OF CARLSBAD) - Review of Interim Ordinance regarding Open Space, forwarding any comments to the City Council. Michael Holzmiller, Planning Director, reviewed the background of the request and stated that the City Council, on July 26, 1988, directed staff to prepare an interim ordinance which would lock in place the City's current open space plan, including an updated map, until a citizen's committee could review the plan. This would eliminate having an open space initiative on the November ballot. Staff has completed the preparation of the interim ordinance and updated map. The interim ordinance locks in the updated map. It prohibits the processing of any applications which would decrease the size or environmental quality of any open space area Erwin Hall Holmes Marcus McFadden Schlehuber Schramm K f- q MINUTES August 17, 1988 PLANNING COMMISSION Page 4 COMMISSIONERS identified on the map. The ordinance also prohibits any requests to change or delete the City's open space standards which were adopted as part of the Growth Management Plan, including the hillside ordinance, open space ordinance, and performance standard for open space in facility management zones. The updated map was developed utilizing the following components: (a) the General Plan map, (b) environmental constraints, (c) Master Plans, (d) individual projects, and (e) the 15% performance standard. Some minor areas were left off the map provided in the Commissioner packets but they are included on the wall map being displayed. The interim ordinance was adopted as a temporary, emergency measure at the City Council meeting of August 9, 1988. At that time, the Council referred it to the Planning Commission and scheduled a subsequent City Council public hearing for September 6, 1988. On September 6, 1988, the Council will review any comments or input received on the ordinance. Staff recommends approval. Commissioner Hall inquired about Zone #3, where Palomar Airport Road sweeps past the railroad tracks, and if that land is County property. Mr. Holzmiller replied that this property is State property and is shown on the General Plan and this map as open space. Commissioner Schlehuber inquired about recent negotiations with the State and if they plan to construct buildings on that property or the adjacent property. Mr. Holzmiller replied that the State has proposed construction of a maintenance facility on the property. Commissioner Schlehuber inquired if the State is then locked out of this plan for a year. Mr. Holzmiller replied that they would be unable to get City approval for this plan for one year. Staff has requested that the State defer improvements. Commissioner Schlehuber inquired about the present exemption in the open space ordinance which would allow hospitals, schools, and churches. Mr. Holzmiller replied that during the interim ordinance staff will be unable to accept or approve any projects that decrease the size of open space as shown on the wall map. This is a restrictive ordinance. Commissioner Schlehuber inquired if the proposed Scripps facility would be affected. Mr. Holzmiller replied that it would and any modifications of the map would require that open space be equalled and not be of less environmental quality. The interim ordinance also states that requests for modifications or deletion of any of the standards will be prohibited for the one year period, i.e. variances to the hillside ordinance, applications for variances/modifications that apply to open space. Chairman McFadden appreciated Cormnissioner Schlehuber's question since it answered many of her questions. She inquired about the wording of the ordinance at the top of page 3. Mr. Holzmiller replied that there is a mistake on lines 3 and 4 of page 3. It should correctly read "...open space is not decreased and the quality of the open space is not diminished." T MINUTES August 17, 1988 PLANNING COMMISSION Page 5 Chairman McFadden opened the public testimony and issued the invitation to speak. There being no person desiring to address the Commission on this topic, Chairman McFadden declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Schlehuber commented that the ordinance appears to be very fair and was the result of considerable negotiation; he can support it. Commissioner Erwin agrees with Commissioner Schlehuber and thinks the one year will enable all of the problems to be resolved. Chairman McFadden commented that after the motion has been taken care of, she will accept suggestions which can be forwarded to the City Council for handling by the citizen's committee. Commissioner Marcus inquired of the total amount of open space in the City of Carlsbad had been calculated with the new map. Mr. Holzmiller replied that the areas shown in green on the map comprise 25%, without the 15X performance standard open space. Neither does the map show community park sites or special use areas. The open space will increase as projects provide additional open space. Commissioner Marcus would like to know how Carlsbad compares with other jurisdictions. Mr. Holzmiller replied that it is difficult to do a comparison because an inland city, without lagoons or beaches, might only have 15% open space and it may be more than adequate for that city. If the citizen's committee requires a comparison, staff will try to pick cities that have good open space programs and compare those in terms of acreage. Commissioner Schramm inquired why the park in Zone 5 was not starred. Mr. Holzmiller replied that Zone 5 could be notated for the park requirement. Motion was duly made, seconded, and carried to review the Interim Ordinance NS-31 regarding Open Space, recommend approval and forward any comments to the City Council, adding Zone 5 to the requirements for park land, and changing page 3, lines 3 and 4, to read "...open space is not decreased and the quality of the open space is not diminished." Chairman McFadden commented that she would accept suggestions to be forwarded to Council. Commissioner Erwin would like consideration given to the SDG&E easements; he feels that utility easements are environmentally constrained land and incompatible with open space. Commissioner Hall noted that he has seen both extremes in La Costa; he likes the idea of the easements being improved and would like to see riding or walking trails within the easements. Commissioner Schrazxn would like to see utility easements upgraded but thinks they should be separated from the 15% open space performance standard. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm K r‘ r\ MINUTES August 17, 1988 PLANNING COMMISSION Page 6 Commissioner Marcus requested staff's position on the easements. Mr. Holzmiller replied that the decision to include utility easements in the 15X was made because in some areas the land is developable, i.e. parking lots or accessory buildings. Commissioner Schlehuber agrees that the easements should be maintained as green space but does not feel the trail system is practical due to the liability. Chairman McFadden would like to see the citizen's committee define open space and whether some areas will always remain as open space while other areas are optional. The Land Use Review Committee had some good ideas in their minutes dated March 26, 1985. She would like to see the citizen's committee reconcile all of the ordinances in order to provide direction. She would like some consideration given to orderly acquisition of open space and feels an ordinance should be created for acquisition. MINUTE MOTION Motion was duly made, seconded, and carried to forward the above suggestions to the City Council. COMMISSIONERS v Erwin Hall Holmes Marcus McFadden Schlehuber Schramm DISCUSSION ITEMS: 3) This number not used. 4) UNDERGROUND UTILITY POLICY (CITY OF CARLSBAD) - Recommendations of the Underground Utility Advisory Committee for a policy and priority list of projects to be undergrounded. Richard Allen, Advanced Planning Engineer, reviewed the background of the request and stated the Public Utility Commission requires SDG&E to set aside money each year for undergrounding of existing overhead electric lines. This money, referred to as Rule 20A funds, currently amounts to about $200,000 per year. Pacific Telephone and Cablevision are required to underground their existing overhead facilities at their own expense in coordination with SDG&E. Projects are selected and districts formed by the City Council upon the advice and with the assistance of the Underground Utility Advisory Committee. On September 1, 1987, Council voted to reactivate the Committee and have it report back with a list of recommended projects. The Committee consists of seven members. Since the presence is needed at the meetings of the Redevelopment Director and the Utilities and Maintenance Director, staff proposes adding them to the committee. The committee has met eight times since last November. Since the first meeting was held, a field review was made to identify areas which need undergrounded utilities. Staff utilized a rating system to determine the most critical need and the four streets identified are Carlsbad Blvd., State Street, Laguna Drive , and Monroe Street, at a proposed cost of $1,483,000. . T MINUTES August 17, 1988 PLANNING COMMISSION Page 7 Staff recommends that the City Council adopt a policy statement regarding utility undergrounding, approve the preliminary utility undergrounding program, revise the City code or require a footage fee to be paid by a developer for undergrounding when overhead lines are less than 600 ft. long, and adopt a resolution to add the Redevelopment Director and the Utilities and Maintenance Director to the Underground Utility Advisory Committee. Michael Holzmiller, Planning Director, recognized Commissioner Schlehuber who has worked diligently on the committee to reach this point. Commissioner Marcus also commended him and the committee. Chairman McFadden inquired if the Commissioners received the revised material. Mr. Allen replied that it was handed out just prior to this meeting and noted that the rule not only applies to 20A but to all undergrounding within the city. Also, some streets were inadvertently omitted from the inventory list, and have now been added, i.e. Chinquapin. Commissioner Schlehuber commented that although the point system is referenced many times, the just completed widening of Tamarack (Adams to Highland) missed out on undergrounding. This ordinance will tighten up those loopholes. Commissioner Erwin inquired if a cost had been calculated to underground all 36.3 miles within the city. At $200,000 per block, staff estimates that an average mile has 12 blocks and would cost approximately $1.2 million. He wonders if it would be possible to utilize the San Diego Fund to expedite the undergrounding. Mr. Allen plans to contact the San Diego Fund prior to the coming Council meeting. If only $2 million were borrowed, it would take eight years to repay. Commissioner Erwin inquired who does the work. Mr. Allen replied that the work is done by SDG&E personnel. Commissioner Holmes inquired if we could borrow enough to complete the undergrounding all at once. Mr. Allen will be talking to SDG&E this week since they administer the Super Fund monies. Although the money could possibly be available, it might pose a personnel overload problem to SDG&E. Although this is not a public hearing, Chairman McFadden issued an invitation to speak. There being none, the time was turned over to Commissioners. Commissioner Erwin commented that each homeowner needs to be notified, up front, of the cost to hook up to the underground utilities. He would like to see some method proposed to finance hookups. Chairman McFadden inquired if Commissioner Erwin was proposing a financing mechanism for the entire northwest quadrant or a specific area of need. He replied that an assessment district or a loan from the City would be sufficient. MINUTE MOTION Motion was duly made, seconded, and carried that the Planning Commission recommend that the City Council adopt staff recommendations as follows: 1. Adopt a Council Policy Statement on Undergrounding of Utilities (Exhibit A). Erwin Hall Holmes Marcus McFadden Schlehuber Schramm K P “? MINUTES August 17, 1988 PLANNING COMMISSION Page 8 COMMISSIONERS 2. Approve the Preliminary Utility Undergrounding Program (Exhibit B). 3. Revise City Code (Subdivisions) or require a front foot fee to be paid by a developer for undergrounding where overhead lines are less than 600 feet long. 4. Adopt resolution to add the Redevelopment Director and the Utilities and Maintenance Director to the Underground Utility Advisory Committee. MINUTES: The Planning Commission deferred approval of the minutes of August 3, 1988 until paragraph 2 on page 13 could be verified. ADJOURNMENT: By proper motion, the meeting of August 17, 1988 was adjourned at 7:22 p.m. Respectfully submitted, \ MICHAEL HOLZMILLFR Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE APPROVED. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm c L c K K K t 3 K K K K K K