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HomeMy WebLinkAbout1988-12-07; Planning Commission; MinutesMeeting of: MINUTES PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: December 7, 1988 Place of Meeting: City Council Chambers COMMISSIONERS CALL TO ORDER: Vice Chairman Hall called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE was led by Vice Chairman Hall. ROLL CALL: Present - Vice Chairman Hall, Commissioners Erwin, Holmes, Marcus, Schlehuber, and Schramm Absent - Chairman McFadden Staff Members Present: Michael Holzmiller, Planning Director Charles Grimm, Assistant Planning Director Mike Howes, Senior Planner Bobbie Hoder, Senior Management Analyst Ron Ball, Assistant City Attorney David Hauser, Assistant City Engineer Bob Wojcik, Principal Civil Engineer PLANNING COMMISSION PROCEDURES: Vice Chairman Hall reviewed the Planning Commission procedures on the overhead for the benefit of the audience. Commissioner Schlehuber arrived at 6:02 p.m. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: There were no comments from the audience. CONTINUED PUBLIC HEARING: 1) PUD 88-2/CT 88-2/HDP 88-3 VISTA DE LA VALLE - Request for approval of a 34 lot/32 dwelling unit Tentative Tract-Map, a Planned Unit Development, and a Hillside Development Permit for property located between Elm Avenue and Hosp Way at the terminus of Wintergreen Drive in the RDM-Q-7 Zone and Local Facilities Management Zone 1. Mike Howes, Senior Planner, showed a slide presentation of the site and surrounding area. He then reviewed the background of the request and stated that this project was heard by the Planning Commission on November 2, 1988 at which time the Commission identified several concerns regarding the proposed design of the development which the applicant has now remedied, as follows: (1) Inadequate separation between dwelling units - Two residential lots have been eliminated from the northerly portion of the project which results in a minimum separation of 15 ft. between units. (2) Inadequate setback of units from fill slope - The fill slope along the northern boundary has been recontoured to enable a minimum setback of 15 ft. (3) Lot drainage - Condition H31 was added to require noncorrosive gutters and downspouts which direct roof water to storm drains. MINUTES December 7, 1988 PLANNING COMMISSION Page 2 COMMISSIONERS Y (4) RV parking - Two required RV parking spaces will be located within the utility easement at Lot 33. (5) Project fencing - Condition iI32 was added to require uniform fencing. Staff feels that the project revisions address the Planning Commission's concerns and therefore recommend approval. Vice Chairman Hall opened the public testimony and issued the invitation to speak. Tony Arnest, Director of Acquisitions, Wesco Development Corporation, 2601 Airport Drive, Torrance, applicant, addressed the Commission and stated that he is present with Craig Kahlen and Bob Ladwig of Rick Engineering. He turned his time over to Craig Kahlen to address a concern regarding Condition #30. Craig Kahlen, Rick Engineering, 365 So. Ranch0 Santa Fe Road, San Marcos, addressed the Commission and requested that the word "lots" in Condition iI30 be changed to "easements." Mike Howes, Senior Planner, replied that this change would be acceptable with staff. Commissioner Erwin inquired if the wording change would affect ownership in any way. Mr. Howes replied that ownership would remain with the individual people but the open space easement would not allow them to build any structures in the area. Vice Chairman Hall inquired if the applicant was aware of the addition of Condition iI48 (b) and the wording change on Condition f34 (3). Mr. Arnest replied that they were aware of both items. Commissioner Holmes inquired where the 88 tandem parking spaces would be located. Mr. Arnest replied that this referred to the parallel parking along the public and private streets. Mr. Howes replied that the reference to tandem parking should be changed to parallel parking for clarity. There being no other persons desiring to address the Commission on this topic, Vice Chairman Hall declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Schramm was happy to see that the applicant had made revisions to the project to accommodate the Planning Commissions concerns. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2770 approving the Negative Declaration issued by the Planning Director, adopt Planning Commission Resolution No. 2771 approving CT 88-2/PUD 88-2, and adopt Resolution No. 2772 approving HDP 88-3, based on the findings and subject to the conditions contained therein, with the addition of Condition i/48 (b) and modification to Condition #34 (3) as set forth in staff memo dated December 7, 1988, the wording change to easements in Condition #30, and the use of parallel parking rather than tandem parking on project maps. 2) CT 87-4 TAMARACK PROPERTY INVESTORS - Request approval of a Tentative Tract Map to subdivide three existing residential lots into five residential lots and a public Erwin Hall Holmes Marcus Schlehuber Schramm , . MINUTES CORRECTED 5 \ % \ December 7, 1988 PLANNING COMMISSION \ Page 3 COMMISSIONERS “0 9 cul-de-sac on a 1.7 acre property located along the south side of Tamarack Avenue between Hibiscus Circle and the AT&SF Railroad in the R-1-7500 Zone and Local Facilities Management Zone 1. Charles Grimm, Assistant Planning Director, showed a slide presentation of the site and surrounding area. He then reviewed the background of the request and stated that this item was continued from September 7, 1988. The applicant is requesting approval to subdivide three existing lots into five lots on 1.7 acres which is zoned RLM. Staff originally recommended denial because the project violated the city intersection standards and the applicant was not willing to dedicate property necessary for the future widening of Tamarack Avenue. The project was continued so that the applicant could resolve the conflict. The applicant now indicates that he is willing to make the required offer of dedication for improvements to Tamarack Avenue. In addition, Engineering staff has indicated they can support the requested variance on intersection spacing standards because all the alternatives identified have some type of problem. Commissioner Erwin inquired why the AT&SF easement is smaller behind this property (50 ft. on each side of the tracks) than it is further Sd&!d north (100 ft. on each side of the tracks). Bob Wojcik, Principal Civil Engineer, replied that this easement is the original AT&SF dedication and the reason for the difference is not known. Commissioner Erwin inquired about the staff report reference to prohibition of windows and dual glazed windows along the west side to mitigate railroad noise impacts. Mr. Grimm replied that a condition has been added to require some type of noise mitigation and these were just some possible examples. Commissioner Erwin would also like to see single story construction. Vice Chairman Hall opened the public testimony and issued the invitation to speak. Gary Cohn, 2110 Glasgow, Cardiff, representing the applicant, addressed the Commission and stated that he would like to have (a) Condition #14 changed to read prior to issuance of the building permit, (b) Condition #49 deleted regarding the undergrounding of utilities since the surrounding area is overhead, and (c) Condition #62 deleted requiring relocation of the proposed fire hydrant. Mr. Grimm replied that the requested change on Condition #14 would be satisfactory with staff. However, staff could not accept the deletion of Condition #62 since it was the Fire Marshal who had requested that the fire hydrant be relocated and they are not willing to change the condition. Mr. Wojcik replied that Condition it49 is a new condition on all projects which requires the applicant to deposit monies into a fund for the future undergrounding of utilities. Michael Holzmiller, Planning Director, commented that Condition iI49 is a citywide policy recently adopted by the City Council. In the past, small projects were not required to underground utilities. However, now the utilities can be overhead but the developer must pay into a fund for the future undergrounding of utilities. There being no other persons desiring to address the Commission on this topic, Vice Chairman Hall declared the ; . MINUTES -3 ,. . December 7, 1988 PLANNING COMMISSION Page 4 COMMISSIONERS \ ’ public testimony closed and opened the item for discussion among the Commission members. Commissioner Erwin cannot support the project because he feels that placing four homes that close to the railroad tracks will have an environmental effect on the human beings who live there. Commissioner Marcus agrees that putting houses that near to the tracks may not be the most desirable location but she can support the project since she feels that the proposed noise mitigation is adequate. She cited a development along I-5 which has no windows on the freeway side. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2765 approving the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2782 approving CT 87-4 based on the findings and subject to the conditions contained therein, with the addition that the developer must meet the new 60 dba CNEL noise requirement, a wording change to Condition #14 to read prior to issuance of building permits, and deleting the words "private and" in Condition 34 (3) as recommended by staff memo dated December 7, 1988. Vice Chairman Hall asked if the applicant understood that meeting the 60 dba CNEL requirement will probably mean that Cohn replied that the homes might need to be one story. Mr. he did understand. PUBLIC HEARING: 3) DC 88-3 FRAZAR - Request for approva daycare permit on property located at Lane in the Planned Community Zone in Management Zone 12. 1Y 1 of a large fami 2606 El Rastro Local Facilities Vice Chairman Hall announced to the gallery that the Commission had received letters from: Mr. and Mrs. John Wells, Mrs. Jane McGavin, Mary C. Kattus, Leslie Reilly, Barbara Chernofsky, Mr. and Mrs. Mark Gernandt, Mr. and Mrs. Andrew Mercer, Mr. and Mrs. Charles Batterson, Rev. James W. Dallas, Maria Miller, and George Furuya. Charles Grimm, Assistant Planning Director, showed a slide presentation of the site and surrounding area. He then reviewed the background of the request and stated that the applicant has applied for a large family Daycare Permit to be located at 2606 El Rastro Lane in the Ranch0 Ponderosa Development, South Carlsbad. Ms. Frazar appeared before the Commission several months ago at a different location where she operated a daycare facility in her garage for two years. Because garages are required in that area of Carlsbad, Ms. Frazar's application for daycare was approved with the condition that the garage be returned to its intended use. However, her landlord evicted her due to pressure from the neighbors. Ms. Frazar then moved to El Rastro Lane. Mr. Grimm commented that State law requires that daycare facilities be encouraged in residential settings and City code allows daycare in single family areas. Staff feels that this location is an excellent site for a daycare facility due to the high banks in the rear yard acts as a visual and a noise buffer. She does not have homes on both sides of her; and the one home next door which is currently vacant. The project is consistent with State law and all findings of the City code can be met. Staff recommends approval. Erwin Hall Holmes Marcus Schlehuber Schramm ; . p MINUTES December 7, 1988 PLANNING COMMISSION Page 5 COMMISSIONERS \I Vice Chairman Hall opened the public testimony and issued the invitation to speak. Georgine Brave, Attorney, 110 West C Street, Suite 1903, San Diego, CA 92101, representing the applicant, addressed the Commission and stated that Ms. Frazar has met all of the requirements of the California Health and Safety Code 1597.46. There have been no complaints on parking or noise; she has six children full time; she has adequate off-street parking; and there are never more than two cars at a time picking up or dropping off children. Ms. Brave noted that there is a severe need for family daycare homes in Carlsbad. Ms. Frazar would like to have the age level raised to eight years. She urged approval of the permit. Cheryl Frazar, 2606 El Rastro Lane, Carlsbad, addressed the Commission and stated that she has submitted a schedule to staff of arrivals and departure times since there seems to be confusion about how many children are at the daycare at any one time. She has part time and full time children. Also, she has met with parents and requested them to enter and depart the area by a specific route to alleviate traffic concerns. She is a single parent and the daycare facility is her livelihood; she loves her work and spends much of her leisure time involved in daycare-related activities. Vice Chairman Hall requested confirmation from Ms. Frazar that the only change being requested is Condition i/4, changing the age limit to eight years. Ms. Frazar replied that it was. Commissioner Schlehuber inquired if the applicant would have any problem adding indoor-outdoor carpet to the patio. Ms. Frazar replied that it would not be a problem. Dan Hansen, 4531 St. George Court, Carlsbad, addressed the Commission and stated that his son attends the Frazar daycare facility and that the children are only allowed outside at specific times for organized play; he does not feel that noise is a problem. Chris Hogan, 1856 Tule Court, Carlsbad, addressed the Commission and stated that he has never observed children in the front area of the home and they are always in the back yard. There is no signage, no toys, or no visual evidence that a daycare facility exists in the home; he does not feel there can be a stigma on the neighborhood. Mark Gernandt, 4330 El Capitan Court, Carlsbad, addressed the Commission and stated that his daughter, age 2-l/2, has attended Cheryl's daycare facility for two years. He and his wife have lived in Carlsbad for eight years and, in his observation, most parents of small children are both working which creates a significant need for adequate and licensed child care. He has peace of mind knowing that his daughter is safe and that a family setting is most important. Julie Rule, 1852 Lilac Court, Carlsbad, addressed the Commission and stated that she prefers family daycare over institutional daycare because she likes the teacher-child ratio. She feels the nutrition of home cooked meals is important, there is better control of infectious disease, and the children's self esteem is much better in a small family setting. She considers Cheryl's daycare home is the same as an extended family. p MINUTES December 7, 1988 PLANNING COMMISSION , Page 6 COMMISSIONERS \ Susan Igo, 3287 Corte Vera Cruz, Carlsbad, addressed the Commission and stated that the recent Child Care Task Force identified a significant need for quality daycare. She likes the safety of the Frazar facility and the fact that Cheryl requires parents to follow a specific route when entering and leaving the area. Jane McGavin, 1738 Catalpa Road, Carlsbad, addressed the Commission and stated that she is a teacher with the San Marcos Unified School District. She feels there is a crisis where good quality child care is concerned. Her son attends the Frazar facility and she is pleased because Cheryl provides a quality environment. Kay DeWeese, 2410 La Plancha Lane, Carlsbad, addressed the Commission and stated that she is the Preschool Director at Christ Presbyterian Church and also teaches a preschool administration class at Mira Costa College in the evening. She feels there is a critical need for daycare in Carlsbad and stated that there are hundreds of children on the waiting list at her preschool. Many children need a small intimate family-based daycare setting to flourish. She feels that the community has a responsibility to provide quality daycare. She urged support of the Frazar daycare permit. Margie Davis, 8745 Aero Drive, Suite 200, San Diego, addressed the Commission and stated that she is the Childcare Ombudsman for the San Diego County. When family daycare permits are denied, it discourages many providers from applying for the proper licenses and they go underground which could cause the children to be at risk. She is in favor of the Frazar facility and requested that the permit be approved. Karen Forino, 3106 Unicornio Street, Carlsbad, addressed the Commission and stated that most homeowners are concerned about a decrease in property values when there is a daycare facility in the neighborhood. She is a licensed real estate agent and is very familiar with the South Carlsbad area. She used the multiple listings and did a survey of neighborhoods that contained family daycare homes. Her survey results showed that the property values where daycare homes exist are the same as those neighborhoods without daycare. Commissioner Erwin inquired if the multiple listing form contains a daycare disclosure. Ms. Forino said that it did not but she surveyed neighborhoods where she personally knew that family daycare homes existed. Natalie Hailey, 2551 Luciernaga Street, Carlsbad, addressed the Commission and stated that she is a widow with a small child and has no family in the vicinity. Commercial daycare facilities do not accept children under 2-l/2 years unless they are toilet trained. Family daycare homes like Cheryl's are badly needed in Carlsbad. Brenda Dizon, 2781 Vista de1 Oro, Carlsbad, addressed the Commission and stated that small family daycare homes do not require fire extinguishers or inspection by the Fire Department. Large family daycare homes must adhere to stringent regulations and, as a result, provide safety for the children. Cheryl Frazar's home provides an ideal child care situation. Rosalind Unger, 128 Via de la Valle, Solana Beach, addressed the Commission and stated that many misinformed people believe false rumors about daycare. She drives from Solana : . p MINUTES December 7, 1988 PLANNING COMMISSION Page 7 COMMISSIONERS Beach to Carlsbad every day because of the quality care which Cheryl provides and her children have benefited greatly from the experience. Chuck Batterson, 7970 La Gacha Lane, Carlsbad, addressed the Commission and stated that his property backs up to El Rastro. He is President of the Ranch0 Ponderosa Homeowners Association and the Board of Directors enforces the CC&R's which do not permit a commercial business. He feels that a large daycare permit will have adverse affects, namely noise, security, and traffic, and that the value of the homeowner's investment will be seriously affected. Mr. Batterson is also concerned about the possibility of insurance premiums being raised due to the daycare. He urged denial. Ben Cappa, 2703 El Rastro Lane, Carlsbad, addressed the Commission and stated that he is disappointed that staff did not address the proliferation of small day care homes within the Ranch0 Ponderosa development since it is much more concentrated than other areas of Carlsbad. He displayed a map showing where the daycare homes are located. He feels that staff should consider the impact on the community. He is is in opposition to the permit. Ron Ball, Assistant City Attorney, requested Mr. Cappa to identify the map for the record. He stated that it was a map of the Ranch0 Ponderosa development. David Massey, 2607 El Rastro Lane, Carlsbad, addressed the Commission and stated that he has lived in Ranch0 Ponderosa for eight years and has two sons, aged 6 and 10; there are 34 children under the age of 14 living on 23 lots on El Rastro Lane. He feels that the Frazar daycare facility will have a negative impact on his family and their quality of life. Richard Benson, 2603 El Rastro Lane, Carlsbad, addressed the Commission and stated that he is concerned about the added traffic which the daycare facility will bring to El Rastro Lane. He analyzed some traffic figures from SANDAG and stated that with 15-16 children being cared for by Cheryl Frazar it would create six times the current traffic flow. Also, he feels that the blind corner will be dangerous. He does not think another daycare should be allowed because there is already one located just 1,200 ft. away from the Frazar home. Diane Herrera, 7972 La Gacha Lane, Carlsbad, addressed the Commission and stated that she lives above the Frazar home and has lived there for 11 years. She does not think that staff has addressed all of the adverse impacts. Although the lot is unique, it is like an amphitheater and the noise travels up into their area. She is concerned that there is no method for monitoring noise or compliance to the regulations. She feels that the daycare is robbing her of her constitutional rights under Article 1. Roger and Ruth McMonagle, 2613 Jacaranda Avenue, Carlsbad, did not wish to speak but want the record to show that they are opposed to the Frazar daycare. Patty Kattus-Mercer, 2908 Unicornio Street, Carlsbad, addressed the Commission and stated that she has has written a letter but has nothing new to speak about. She would like to go on record that she is very much in favor of Cheryl Frazar's daycare facility. The reason that more people in favor are not present is because Cheryl only cares for 12 : . p MINUTES /t\ December 7, 1988 PLANNING COMMISSION . Page 8 COMMISSIONERS \ children. She showed the map and instructions that each parent must follow when dropping off and picking up children. Parents are not allowed to turn around on the street or park anywhere other than in front of Cheryl's home. Ann Loomis, 7970 Amargosa Drive, Carlsbad, addressed the Commission and stated that there is not one child who lives in Ranch0 Ponderosa being served by the Frazar daycare. She is concerned about the added traffic since the street she lives on is one of the streets that parents have been instructed to use. Dr. Mary Davidson, 2613 Sombrosa, Carlsbad, addressed the Commission and stated that adequate liability insurance should be required by all large daycare operators. Georgine Brave, attorney representing the applicant, was given time to rebut the objections and stated that: (1) (2) (3) (4) (5) (6) Family daycare homes are permitted by the California Health and Safety Code 1597.40 and are not considered a business when located in a residential area. This precludes the CC&R's, Although there could very well be 11 small daycare homes in Ranch0 Ponderosa, her information indicates that there are only three which have licenses. Neighborhood children currently play in the street rather than the parks while the children being cared for by Cheryl Frazar are never allowed in the front yard, let alone the street. The problem with the blind corner has been taken care of because there is a specific route for parents to follow when dropping off and picking up children. Visits by licensing personnel are made unannounced and this will ensure that no more than 12 children are present at any one time. Cheryl is required by the code to have liability insurance in order to be licensed. Ms. Frazar has liability insurance and her landlord has co-insurance. Commissioner Erwin inquired if Cheryl's liability insurance covers the common area. Ms. Brave replied that it covers the premises only and the children are kept on the premises at all times; they are now allowed in the common areas. There being no other persons desiring to address the Commission on this topic, Vice Chairman Hall declared the public testimony closed and opened the item for discussion among the Commission members. Vice Chairman Hall inquired if staff would like to respond to the traffic questions. David Hauser, Assistant City Engineer, replied that a traffic study had not been taken and therefore he could not respond to traffic counts. Staff looked at the overall use of the roads and felt they were adequate to handle the added daycare traffic. Vice Chairman Hall inquired if staff would like to respond to the comment regarding increased cost of liability for the common areas. Mr. Grimm replied that the permit could be conditioned to restrict children from using the park area, if that is the concern. Mr. Batterson, President of the : . P MINUTES -? December 7, 1988 PLANNING COMMISSION Page 9 Homeowners Association, responded that a hypothetical question was posed to their insurance agent who stated that their premium could be doubled or the policy cancelled because in California, all persons (renters included) who live in a development are entitled to use the common areas. Vice Chairman Hall inquired if staff was aware of how many licensed daycare homes there are in the Ranch0 Ponderosa area. Mr. Grimm replied that there are no large licensed day care homes. There is no regulation for small daycare homes and they are permitted to operate without notifying the city; they are considered an extension of the family. There were 33 persons in attendance opposing the Frazar permit and 24 persons in favor. Commissioner Schlehuber does not like the child care law because he feels that it does take away a homeowner's rights. He has a concern about the blind curve. He sees the need for daycare and feels that this is an ideal location. He can support it. Commissioner Marcus is concerned about the small daycare homes who might actually have more than six children at a time and she is concerned with the proliferation of daycare homes in a residential area. She will support the project although she will be curious to see what it looks like after a year has passed. Commissioner Erwin has a major problem with the law and can undersf%nd the parents as well as the homeowners concerns. He will support the project, however he does want the age limit to remain at six years and he would like to see the operating hours restricted to 7:00 a.m.-6:OO p.m., excluding major holidays. He thinks the City desperately needs a Child Care Coordinator to answer to the Council, the Planning Commission, the parents, and the neighbors. Vice Chairman Hall inquired if Ms. Frazar would like to respond to the time restriction. She replied that she would have no problem in the morning but needs an additional 15 minutes in the evening. She could accept 7:15 a.m.-6:15 p.m. Commissioner Schraznn recognizes the concerns of both sides but feels that Ms. Frazar has worked very hard with her parents to work out a traffic solution. She has visited the site and thinks that Ms. Frazar provides quality care to the children. She does not want the age limit increased and can accept the adjusted hours. She will support it because she knows that it will be monitored by staff. Commissioner Holmes is sorry for the differences of opinion. He feels that Ms. Frazar is an excellent daycare operator. He can support it. Vice Chairman Hall stated that Commissioners Schlehuber and Erwin expressed his feelings. He can accept the time change. Perhaps the best way around the insurance issue would be to exclude the parks. He thinks the traffic should be monitored by staff. He will support it but he does feel for the property owners. Ron Ball, Assistant City Attorney, inquired if the parks are privately or publicly owned. Mr. Grimm replied that they are privately owned. Mr. Ball stated that this permit cannot address the parks if they are privately owned. *. . r‘ MINUTES December 7, 1988 PLANNING COMMISSION Page lo COMMISSIONERS ’ Motion was duly made, seconded, and carried to adopt Resolution No. 2798 approving DC 88-3, based on the findings and subject to the conditions contained therein, subject to adding time limits from 7:15 a.m. to 6:15 p.m. on weekdays, excluding holidays , and that a condition be added requiring indoor/outdoor carpeting on the concrete patio in the side yard. RECESS The Planning Commission recessed at 8:lO p.m. and reconvened at 8:22 p.m. 4) PCD 83(A) VILLAGE I CALAVFRA HILLS RV STORAGE - Request for approval of a modification to a Planning Commission Determination for the management of a Recreational Vehicle Storage Area in Village I of the Calavera Hills Master Plan in the P-C Zone, Local Facilities Management Zone 7. Mike Howes, Senior Planner, showed a slide presentation of the site and surrounding area. He then reviewed the background of the request and stated that the applicant is requesting an amendment to their PCD to allow a full time caretaker to reside in a self contained vehicle within the RV storage area. When the storage area was first designed, considerations were to screen the RV's from public view and separate it from the existing homes. The screening and isolation makes it very easy for the vehicles to be broken into and the thefts are often not discovered for several weeks because the vehicles are not used every day. Staff is recommending approval with the condition that only one RV would be occupied at a time, that it would have a working telephone hooked up, and there would be no dumping of waste water on the site. The Police Department feels this will help to reduce the crime problem. Commissioner Erwin inquired if the guard would be armed and what kind of training he would have. Mr. Howes replied that there have been no restrictions put on the guard but the Commission could add conditions of approval. Vice Chairman Hall opened the public testimony and issued the invitation to speak. Corinne Guterrez, CJ Management Services, 2182 El Camino Real, Suite 209, Oceanside addressed the Commission and stated that they are mainly interested in having a night watchman but that there would be no confrontation whatsoever. If he heard any problems, he would call the Police Department. They do plan on installing spot lights to scare people off until the time that the police arrive--perhaps even an alarm. They used to think that the thefts were being done by teenagers but the last break-in was major ($8,000) and it looked very much like a professional job because of the way that the fence was cut. Commissioner Holmes inquired if the guard would be on duty 24 hours. Ms. Guterrez replied that the guard would only work one shift, at night. Vice Chairman Hall inquired if the guard would be armed and Ms. Guterrez replied that he would not be armed. Mr. Ray McNay, 2905 Lancaster Drive, Carlsbad, addressed the Commission and stated that he is the President of the Calavera Hills RV Park Corporation. He urged approval due to Erwin Hall Holmes Marcus Schlehuber Schramm : . n MINUTES December 7, 1988 PLANNING COMMISSION Page l1 COMMISSIONERS Y the many break-ins. Some RV's have even been broken into twice. Some people have even moved out because of the problems. There being no other persons desiring to address the Commission on this topic, Vice Chairman Hall declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Schlehuber feels that the guard should be able to protect himself, although it is not covered. Motion was duly made, seconded, and carried to adopt Resolution No. 2802 approving PCD 83(A) based on the findings and subject to the conditions contained therein. DISCUSSION ITEMS: 5) CT 81-6(B)/SDP 82-3(A) POINSETTIA VILLAGE - Request for approval to construct a Jack-in-the-Box within a previously approved Site Development Plan, Poinsettia Village, located at the southeast corner of Poinsettia Lane and Avenida Encinas, Local Facilities Management Zone 3. Mike Howes, Senior Planner, showed a slide presentation of the site and surrounding area. He then reviewed the background of the request and stated that the applicant is proposing to construct a 2,355 sq. ft. drive-thru restaurant on Pad 2 located near the northwest comer of the shopping center. When originally approved, the site was reserved for a 3,500 sq. ft. drive-thru but the present proposal is 1,145 sq. ft. smaller because some of the square footage was recently transferred to Pad 1 where the Home Federal bank building will be constructed. The architectural style has been specifically designed to be compatible with the shopping center, including the same roof, column articulation, and cornice treatment. Staff recommends approval. Commissioner Holmes inquired if this project will have to meet the sign ordinance. Mr. Howes replied that staff is not approving the sign shown on the exhibit. Vice Chairman Hall opened the public testimony and issued the invitation to speak. Johann Karum, 904 Telestar Avenue, El Monte, California, with the Jack-in-the-Box Real Estate Department, addressed the Commission and stated that he has Charles Watson with him to answer questions, if any. There being no other persons desiring to address the Commission on this topic, Vice Chairman Hall declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Holmes stated that the Commission has seen several sets of plans for Poinsettia Village and all of them are outstanding. He hopes that the building will be better looking than the ones he has seen around which appear to be the same plan. Erwin Hall Holmes Marcus Schlehuber Schramm p MINUTES CORRECTED December 7, 1988 PLANNING COMMISSION Page l2 COMMISSIONERS Motion was duly made, seconded, and carried to approve the staff report. 6) PARKING ORDINANCE - Review Ordinance as it pertains to requirements for recreational vehicles, public assembly and restaurants as well as discussion on the possibility of establishing a minimum size for a parking space. Commissioner Erwin presented a written proposal to the Commissioners outlining his recommended changes to the Parking Ordinance. He would like to see (1) the parking space length enlarged to 20 ft. because the present 2.5 ft. overhang restriction permits planted areas to be damaged, (2) the parking space width widened to 9 ft. to allow more space between vehicles and avoid damage, and ~di/l&/&$&&!f/Ldf s~a~Calhkf~rtfk4/~k~~~~~l~~f$~l~~~~~~~~f ~fk~hw~/~8fltl~~ S~~~kSIB~f~Bdl~dflLd~~~~~l~~f~~ (3) elimination of compact parking spaces since there is no effective way to enforce their use--resulting in mauy damaged vehicles. Commissioner Schlehuber likes the overhang restriction and feels that most of the problem parking areas in Carlsbad were approved before the parking ordinance was adopted. He believes that 40% of the cars being driven are compact. He thinks this type of recommendation should go to committee for further study. There may be a problem in warehouse areas. He feels it is a low priority. Commissioner Marcus agrees that the proposal needs to go to committee. However, she thinks other things have priority. Commissioner Schramm believes that staff is too busy now and perhaps the proposal can wait until after January. Commissioner Holmes believes that 60% of the cars are compact and our ordinance allows more room than that of most cities. Perhaps it could be looked at by a committee after some of the urgent workload diminishes. He sees possible problems with subterranean parking due to water drainage. Vice Chairman Hall thinks parking in industrial areas should be looked at due to many offices being located in warehouse areas. He feels it should at least wait until after the January. Commissioner Erwin stated that Chairman McFadden mentioned that she would like to see restaurant parking looked at. 7) HILLSIDE ORDINANCE - Review Ordinance as it pertains to ridgetop development under all land use categories. Commissioner Schramm thinks we need more clarity for commercial areas and would like to see this subject included in the January workshop. She would also like to see some clarifications regarding slope setbacks. All Commissioners present agreed that it should included on the workshop agenda. ADDED ITEMS AND REPORTS: Mr. Grimm reminded Commissioners about the Christmas party on Saturday, December 17th, and the need to adjourn to that party. Erwin Hall Holmes Marcus Schlehuber Schramm . . * c p MINUTES /7 December 7, 1988 PLANNING COMMISSION Page 13 Commissioner Schlehuber commented on how much he liked the slide presentations. Mr. Grimm stated that the idea for the slide presentation came from Mike Howes, Senior Planner. Commissioner Holmes would like to see the pictures enlarged. Staff is working on this. Commissioner Erwin requested clarification on the Drainage Master Plan. Both he and Commissioner Schramm want to make sure that their concerns about runoff into the lagoon will be addressed. He thought this item would be discussed tonight but primarily wants to make sure that it is included in the new drainage study. Commissioner Schramm noted that this subject was discussed in staff memo dated November 16, 1988. Mr. Hauser replied that it will be addressed as much as possible but a change order would be extremely expensive. The consultant will attempt to address it another way. The contract is costing approximately $250,000 and is currently three months behind schedule. Commissioner Erwin is especially concerned about oils and soluble chemicals because they will not be stopped by the desiltation basin. MINUTES: The Planning Commission approved the minutes of November 2, 1988 with a correction on page 7, paragraph 5, line 2, changing the word "road" to "lots." The Planning Commission approved the minutes of November 16, 1988 as presented. ADJOURNMENT: By proper motion, at 9:07 p.m. the meeting of December 7, 1988 was adjourned to December 17, 1988 at 5:30 p.m. at the Beach Terrace Inn for a Christmas party. Respectfully submitted, MICHAEL HOLEMILLER Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARF, ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTES ARE APPROVED. Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm Erwin Hall Holmes Marcus Schlehuber Schramm X X X X X X X X X X X X X X X X X X