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HomeMy WebLinkAbout1988-12-21; Planning Commission; Minutes1 c -. - MINUTES Meeting of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. *' \ 0, Date of Meeting: December 21, 1988 ? Place of Meeting: City Council Chambers COMMISSIONERS CALL TO ORDER: Chairman McFadden called the Meeting to order at 6:08 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 Gary Wayne, Senior Planner Brian Hunter, Senior Planner Bobbie Hoder, Senior Management Analyst Don Rideout, Senior Management Analyst Phil Carter, Assistant to the City Manager David Hauser, Assistant City Engineer Steve Jantz, Associate Civil Engineer PLANNING COMMISSION PROCEDURES: Chairman McFadden reviewed the Planning Commission procedures on the overhead for the benefit of the audience. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED IN THE AGENDA: Dolores Welty, 2076 Sheridan Road, Leucadia, addressed the Commission regarding the Sammis Project (BLEP) Amendment to MP 175A and introduced a letter dated September 19, 1988 from Pete Bontadelli, Director of the California Department of Fish and Game, regarding the Negative Declaration on the Sammis Project. The letter states that a 100 ft. natural open space buffer was originally recommended by the Environmental Impact Report and the U. S. Fish and Wildlife Service; however, the Coastal Commission reduced this to 45 ft. They recommend that no structures (including spas, decks, trellises, barbecues, planters, fences, walls, etc.) be allowed within the reduced 45 ft. setback and that the graded lots be revegetated with native vegetation to provide bluff stabilization and the prevention of sediments entering Batiquitos Lagoon. They further recommend that the only authorized activity within the 45 ft. setback area be a public trail and they object to the use of a Negative Declaration on the project since there will be significant adverse impacts to sensitive bluff areas as well as the Batiquitos Lagoon. A copy of the letter is included with these minutes. PUBLIC HEARINGS: 1) SDP 88-9 CARLSBAD MITSUBISHI/CADILLAC - Request for approval of a Site Development Plan to construct two auto dealerships for sales and service of Mitsubishi and Cadillac automobiles in the Car Country Expansion, CT 87-3, Lot 10, in Local Facilities Management Zone 3. Gary Wayne, Senior Planner, reviewed the background of the request and stated that the applicant is requbting approval of a Site Development Plan to construct two automobile dealerships for Mitsubishi and Cadillac cars on a 4.23 acre site located along the west side of Car Country Drive. The project includes the construction of an automobile showroom, . t . r . .’ MINUTES 4 December 21, 1988 PLANNING COMMISSION Pa!+‘= 2 COMMISSIONERS \ ’ a sales building and a service building for each of the dealerships. The project complies with standards of the General Plan, Mello II Local Coastal Program, and the growth management requirements of LFMP Zone 3. There will be no pole signs on the site and the project has been conditioned to prohibit contaminated drainage into the lagoon. The architecture will be Spanish motif and the service bays will be camouflaged on the west side by heavy landscape and a slumpstone wall. Staff recommends approval with the following modifications: (1) that build' ing redesign include slumpstone adobe with slurry coating for all exposed wall surfaces, (2) that parking lot trees be a minimum of 24" box size, and (3) that the slumpstone wall along the western property line be covered with a slurry coat. Commissioner Schlehuber inquired if there will be on-street parking available on Car Country Drive. David Hauser, Assistant City Engineer, replied that there would be on-street parking unless the street curvature causes a problem. Commissioner Erwin inquired if the street width will be 52 ft. Mr. Hauser replied that this street will be the same as all industrial streets which are 52 ft. wide. Commissioner Erwin feels the street should be considered a commercial street and that it seems too narrow with the turn lane and median. Commissioner Erwin questioned why trees are being required which will hide the buildings but signs will be permitted on the buildings which can be seen from the freeway. Mr. Wayne replied that signage lettering has been reduced from 36 in. block letters to 30 in. and that landscaping is expected to hide the lower portion of the building only. Commissioner Erwin expects that there might be a maintenance problem with the signs, caused by the landscaping. Mr. Wayne replied that the applicant is expected to have a landscape maintenance program. Charles Grimm, Assistant Planning Director, stated that staff is recommending elimination of Condition #31. Chairman McFadden opened the public testimony and issued the invitation to speak. Alan Rich, 6526 Vispera Way, Carlsbad, attorney representing the applicant, addressed the Commission and stated that the applicant faces substantial penalties if the buildings are not constructed and operating within a specific time frame. Also, with the recommendation to redesign with slumpstone, his client faces additional costs from $25,000 to $75,000. The applicant will accept the recommended modifications; however, in the essence of time, he requested permission for the revised design to be approved by the Planning Director rather than being returned to the Planning Commission for approval. Commissioner Holmes stated that in the past General Motors maintained an architectural division which approved dealership plans and inquired if this plan has been submitted to General Motors yet. Mr. Rich was unaware if the plan had been submitted to General Motors. Commissioner Holmes noted that in reviewing the plans he was unable to find provisions for an employee lounge or employee /“‘. MINUTES December 21, 1988 PLANNING COMMISSION PaBe 3 COMMISSIONERS ’ restrooms. He deferred reply to Jeff Harris of Lusardi Construction since the architect was not present. Commissioner Erwin noted that the Negative Declaration restricts the sale of used cars to Mitsubishi and Cadillac only. Mr. Rich replied that it is in error and should read new Mitsubishi/Cadillac or used cars of any model. Jeff Harris, 1156 Sugarbush Drive, Vista, addressed the Commission and stated that Sheet 4 shows an employee restroom in the parts area of the service building. Robert Plant, 2385 Camino Vida Roble, Carlsbad, representing the architect (Plant, Cook & Associates) addressed the Commission and stated that the original plan showed employees utilizing restrooms in the sales area but that has now been revised and there will be employee restrooms, with lockers, in the service building, parts area. Commissioners had not received the revised plans. Commissioner Holmes inquired why the Commission had not received the revised plan. Mr. Plant replied that the revised plans were still in work and had not yet been submitted to staff. Commissioner Schramm stated that it is her understanding that the law requires a separate restroom facility for male and female employees. Mr. Plant replied that the code states one restroom is required for either sex. Commissioner Holmes inquired if this plan has been submitted to the General Motors architectural division which approves and disapproves plans for dealerships. Mr. Plant replied that the plans have not been submitted to General Motors since the Cadillac dealership is only proposed at this time. Commissioner Hall stated that the rest of Car Country has been laid out so that westerly facing buildings have solid walls, for weather protection. He feels that the proposed roll-up doors being proposed in this plan will prove to be awkward to work with. Mr. Plant replied that he has tried to provide a plan with minimal impacts. There being no other persons 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 Holmes cannot support the project because he cannot make Finding i/2. He does not feel the design is compatible with the existing Car Country. Further, he would like to have a correct set of plans. Commissioner Schlehuber is not excited about the project. He would like to see the project conditioned with at least minimum restrooms for the service area. If this condition is added, he would be willing to let staff approve the slumpstone or stucco redesign plans. Commissioner Marcus feels that the plans have been rushed through. She prefers slumpstone but is lukewarm about supporting the project. Commissioner Erwin is also lukewarm about supporting the project. He would like to see the redesign plans returned to the Commission. He thinks at least two restrooms are needed MINUTES . December 21, 1988 PLANNING COMMISSION Page 4 COMMISSIONERS \ for employees (one for each sex) as well as a place to change clothes. He noted that the Negative Declaration needs to be changed to allow other types of used cars. Chairman McFadden inquired about the procedure to revise the Negative Declaration. Mr. Holzmiller replied that the Negative Declaration cannot be changed since it has already been published. If the Commission finds that there is no significant environmental impact, the resolution can reflect a change for other types of used cars. Commissioner Hall feels that if the project is approved tonight without requiring the plans to come before the Commission at a later date, he feels that the redesign plans should, at a minimum, be approved by the Planning Director. Commissioner Schramm feels that the redesign should include slumpstone to conform to the rest of Car Country. She also feels that two restrooms should be required for employees. She agrees with the rest of the comments by Commissioners. Chairman McFadden can support the project as conditioned, including two restrooms and a locker room for employees. She does not like the fact that the Commissioners did not receive copies of the actual plans. She can accept approval of the redesign plans by the Planning Director. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 2799 approving the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 2800 approving SDP 88-9 based on the findings and subject to the conditions contained therein, with the provision that the applicant may sell other brands of used cars in addition to Mitsubishi and Cadillac, adding two employee restrooms (male and female) and locker facilities in each of the service buildings, deleting Condition i/31, incorporating the changes for slumpstone, etc. in staff memo dated December 21, 1988, and requiring final approval of the redesign plans by the Planning Director. RECESS The Planning Commission recessed at 6:59 p.m. and reconvened at 7:09 p.m. 2) CUP 88-20 ST. PATRICK'S CHURCH - Request for a Conditional Use Permit for additional classrooms at 3820 Pio Pica Drive in the R-3 Zone and Local Facilities Management Plan 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 the applicant is requesting approval of a Conditional Use Permit to allow a 2,740 sq. ft. expansion of St. Patrick's Elementary School at 3820 Pio Pica Drive. The elementary school is affiliated with St. Patrick's Catholic Church located on an adjacent parcel to the east. The school was constructed in 1962 and was "grandfathered in" without a Conditional Use permit and has operated since that time without any major problems. St. Patrick's provides educational facilities for 260 students in grades 1 through 8. The proposed expansion is requested to provide additional classroom space. Staff recommends approval. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm December 21, 1988 PLANNING COMMISSION PaiF 5 COMMISSIONERS ’ Commissioner Schlehuber disclosed that he is an active member of the St. Patrick's Church. He discussed this fact with the City Attorney who did not feel it was necessary to disqualify himself from action on this item. Chairman McFadden inquired if the CUP carried specific hc rs of operation. Mr. Grimm replied that no time condition was included. Commissioner Erwin was concerned with the close proximity of the restrooms to Pio Pica and inquired why the boys and girls restrooms were so far apart. He would like to see them situated together. Staff has no problem with this request. Chairman McFadden opened the public testimony and issued the invitation to speak. Bob Ladwig, Rick Engineering, Carlsbad, representing the applicant, addressed the Commission and stated that the priest had requested the separation of the boys and girls restrooms. However, the boys restroom could be switched with the girls restroom if necessary. Regarding the hours of operation, he stated that there are some adult education classes and special school events which take place at the school in the evening. Chairman McFadden understands that there is child care on the school grounds and inquired about the hours of operation. Mr. Ladwig did not know the hours. Mr. Ladwig noted that the expansion will be screened for noise by a wall between the classrooms and the street. There will also be a fence with a gate. The 7th and 8th graders will use the new area because it will be separated by a courtyard from the rest of the school. The separation will better prepare the students for high school. Mr. Ladwig stated that the conditions of approval are acceptable, included the modification for a "No Entry" sign in staff memo dated December 21, 1988. Commissioner Holmes is concerned about small children and would like to see the windows lowered as an alternate exit in case of emergency. Mr. Ladwig replied that the new expansion will be used for 7th and 8th graders, rather than for the small children. There being no other 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 Erwin would like the motion to include switching the boys and girls restrooms. Charles Grimm would like the resolution to be reworded to approve the expansion as well as confirm the existing facility. Commissioner Schlehuber inquired if the applicant has any problem including the existing school in the CUP since it was grandfathered in. Mr. Ladwig replied that they did not. ” MINUTES December 21, 1988 PLANNING COMMISSION Page 6 COMMISSIONERS Motion was duly made, seconded, and carried to adopt Resolution No. 2801 approving CUP 88-20 for an existing elementary school and the construction of additional school classrooms generally located at 3820 Pio Pica Drive, based on the findings and subject to the conditions contained therein, with the added provision that the boys and girls restrooms be switched and a "No Entry" sign be required at the westerly end of the diagonal parking area located along the southerly portion of the property. 3) LOCAL FACILITIES MANAGEMENT PLAN ZONE 8 - Request approval of the Local Facilities Management Plan for Zone 8 on property located in the northwestern quadrant of the City, adjacent to the eastern edge of Agua Hedionda Lagoon. Don Rideout, Senior Management Analyst, began the staff report and stated that although the zone plan document provides an analysis of all 11 public facilities identified in the citywide facilities and improvements plan, the staff presentation will only focus on five public facilities: parks, schools, circulation, sewer, and water. Assisting him in presentation of the plan will be Brian Hunter, Steve Jantz, and Phil Carter. Zone 8 is located in the northwest quadrant of the city on the eastern edge of the Agua Hedionda Lagoon. It is the seventh property-owner prepared zone plan to be brought before the Planning Commission. However, Zone 8 was presented previously in July 1988 but, at that time, staff could not recommend approval because the zone plan was incomplete. It was denied without prejudice. Don Rideout stated that Zone 8 is presently undeveloped and consists of 731.2 acres. The land uses are primarily residential with a substantial amount of open space and a small amount of recreational/commercial. Significant constraints to development exist, including protection of wildlife habitat, power line easements, and publicly owned acreage. These constraints have been analyzed to arrive at a realistic buildout estimate for purposes of assessing public facility impacts. The actual number of dwelling units as ultimately approved for this zone may be less than the buildout estimate as stated in the plan. In any case, the maximum buildout estimate of 1,225 du's is fully in compliance with Proposition E as approved by the citizens of Carlsbad on November 4, 1986. Brian Hunter presented the Parks and Schools portion of the plan and stated that this zone is very similar to Zone 24, also located in the northwest quadrant. Parks Zone 8 has been conditioned to provide 6.7 acres of improved park land. The City already owns the property but the condition requires this park land to be improved. This is similar to the condition contained in Zones 19, 20, 22 and 24. After 1992, additional park land will be required. Schools This is the first zone plan to be presented in which the General Plan does not identify a school site. The zone p has been conditioned to provide an elementary school site financing for construction, if necessary. The school lan and district is presently revising their projections for future school sites. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm . MINUTES December 21, 1988 PLANNING COMMISSION Page 7 Steve Jantz continued the presentation. Circulation Traffic analysis indicates that one circulation element within Zone 8 will be impacted, i.e. Cannon Road from El Camino Real to I-5. All other existing roadways and intersections meet the performance standards. Zone 8 assumes that future development will require that Cannon Road be built to two lanes from El Camino Real to I-5 with the first phase of development, i.e. Cannon Road must be in place and operational prior to future impacts generated from this zone. The construction of Cannon Road is projected to be started in 1990 to coincide with the proposed Cannon Road Assessment District. Cannon Road is designated as a major arterial with two lanes in each direction. The four lanes are expected to handle traffic generated from this zone and adjacent zones from 1990 through 1994, However, in 1995 the performance standard will not be met unless an additional two lanes are constructed on Cannon. Zone 8 has a very small frontage on El Camino Real and with the construction of Cannon Road, it will complete the improvements along El Camino Real. Therefore, this zone plan has been specifically conditioned that prior to the recordation of the first final map, issuance of grading or building permits, whichever occurs first, a comprehensive financing program guaranteeing the construction of the facilities must be approved. Sewer The performance standard indicates that trunk line capacity must be available concurrent with development. The current sewer master plan identifies sewer drainage basins, existing capacity, and the existing intercepter systems which will handle future development within the City. Zone 8 is located entirely within the south Agua Hedionda intercepter basin. Initially, the zone plan proposed sewer outside this basin into the north Agua Hedionda basin. However, the proposal would have used up capacity within the north Agua Hedionda intercepter system, taking sewer capacity that should be used for adjacent zones within the north Agua Hedionda basin. Therefore, in order to provide sewer service in Zone 8, the south Agua Hedionda intercepter must be provided prior to future development within Zone 8. This zone plan has been specifically conditioned that prior to the recordation of the first final map, issuance of grading or building permits, whichever occurs first, a comprehensive financing program guaranteeing the construction of the sewer line must be approved. Water The Costa Real Municipal Water District has determined that construction of certain water facilities are necessary to serve future development within the zone. The most important facility is the dedication and construction of the Evans Point Reservoir site. Therefore, this zone plan has been specifically conditioned that prior to the recordation of the first final map, issuance of grading or building permits, whichever occurs first, a reservoir site must be dedicated to the Costa Real Municipal Water District to the satisfaction of the District Engineer. He noted that Zone 24 also had the condition for acquisition of a reservoir site. As part of the condition, if an adjacent zone is required to acquire the site which is December 21, 1988 P MINUTES PLANNING COMMISSION Page 8 r\ COMMISSION located in Zone 8, prior to any development within Zone 8, they must reimburse those developments or property owners which were required to acquire that site for the district. In summary, he noted that the major facilities serving Zone 8 center around the construction of Cannon Road. Cannon Road will provide circulation facilities, sewer, and water to Zones 5, 8, 13, 14, 15, 16, and 24. The Cannon Road Assessment District is an alternative form of financing; however, the plan is conditioned that they must provide a financing mechanism that will guarantee the construction of these facilities. Phil Carter, continued the presentation. Financing The Zone 8 plan provides a financing section which highlights each of the 11 public facilities, what future public facilities will be needed, the estimated costs of each of those facilities, as well as the available financing options to fund those facilities in conformance with the adopted performance standards. Phil Carter concluded his presentation by stating that the plan is well prepared and staff recommends approval. Commissioner Erwin requested clarification on the letter from Howard Kirgis (Exhibit I) which contains a disclaimer that there will be no financial obligation against the subject prw=rV, either now or in the future, in connection with said submission and approval. Mr. Carter replied that this disclaimer deals with the cost of preparing the Local Facilities Management Plan. Under the Growth Management Ordinance, the property owner who prepares the plan can request, at the time that authorization is granted from the City Council, to be reimbursed by all other property owners at the time they develop. The property owner who got authorization from the City Council, Kaufman and Broad, indicated that they would pay all costs associated with preparation of the plan. This disclaimer refers solely to the cost of preparing the plan and will not waive any future fees which Mr. Kirgis may be required to pay for developing his property. Commissioner Erwin inquired if Mr. Kirgis understands that he will be required to pay certain development fees if he chooses to develop his property in the future. Mr. Carter replied that Mr. Kirgis understands this requirement. Commissioner Erwin recommended that Cannon Road be constructed at the onset to full width and that the Cannon Road Assessment District should be the only way that Cannon Road is developed. Commissioner Erwin noted that Faraday is designed as a two lane collector street and inquired about the width of Faraday through Zone 8. Mr. Jantz replied that a collector street requires 64 ft. of right-of-way with 48 ft. curb-to-curb pavement width. However, the width of the road could change with the development of the Macario Canyon park. Commissioner Erwin feels that Faraday will be a short cut through the area and would like to see it widened at the onset. Mr. Carter cannot recommend that Faraday be widened as part of the zone plan but he noted that staff will keep December 21, 1988 p MINUTES PLANNING COMMISSION Page 9 COMM looking at Faraday as development occurs. Faraday is currently graded out wider than the development requirement. Chairman McFadden inquired who will be in the Cannon Road Assessment District. Mr. Carter replied that the Cannon Road Assessment District will include property owners from Zones 13, 14, 15, 24, and 8 who are currently working to construct Cannon Road. Chairman McFadden is concerned with the phasing of Cannon Road. She recalls that Zone 24 mentioned two lanes but grading t0 fOUr h-ieS. Mr. Jantz replied that the Zone 24 plan proposed four full lanes with first development in 1990, rather than a two phase construction. However, this zone plan states two and two until 1995. Chairman McFadden inquired if staff is concurring with the two phase construction. Mr. Carter replied that when Zone 24 was presented, the property owners felt that without the assessment district they could not finance Cannon Road and they would be precluded from developing. So they agreed with the condition to put in all four lanes of Cannon Road with the first phase of development. In Zone 8, the property owners felt that if the Cannon Road Assessment District had problems in going forward, they would have the ability to finance the two lanes from El Camino Real to I-5 while maintaining conformance with our standards for circulation and they would be able to begin building their projects. Staff believes that the road will actually be built at four lanes from El Camino Real to the freeway at one phase but that will be determined as the zone plans for Zones 14 and 15 are analyzed. With the traffic impact of those zone plans which are currently approved, Zone 8, and the existing traffic, the analysis shows that two lanes from El Camino Real to I-5 will maintain an acceptable level of service until the year 1995, at which time it would have to be widened to its full width. Chairman McFadden inquired what will happen if Zones 14 and 15 begin development first. Mr. Carter replied that the conditions would be changed and the road would be required to built in at four lanes rather than two lanes. Chairman McFadden inquired how this can be assured. Mr. Carter replied that the zone plan requires that Cannon Road be fully financed before any development can occur. The zone plans for Zones 14 and 15 will be conditioned to require the improvements all the way to I-5 before development can occur. Commissioner Schlehuber stated that it is his understanding that the financing is in the form of a bond but it is actual cash up front. Mr. Carter replied he was correct even though the assessment district is the actual choice of the property owners. Commissioner Marcus inquired when Zones 13, 14 and 15 are expected to come in. Mr. Carter has no idea when 13 will come in but 14 and 15 are currently being looked at by the consultant and he estimates that they will come forth to the Planning Commission within 4-6 months, however, it does depend on the property owners. Chairman McFadden opened the public testimony and issued the invitation to speak. . MINUTES December 21, 1988 PLANNING COMMISSION Page 10 Bill Carden, 14286 Ricardo Drive, De1 Mar, addressed the Commission and stated that this zone plan was originally submitted to staff approximately 20 months ago. A great deal of work has gone into the plan due to the complexity of the growth management plan. He feels it is the best local facilities management plan reviewed to date and requested the Commission's approval. He stated that Bill Hofman is available to answer specific questions. Bill Hofman, Hofman & Associates, 2386 Faraday Avenue, Carlsbad, presented himself at the podium to answer questions. Commissioner Hall inquired about the two lanes versus four lanes for Cannon Road. Mr. Hofman replied that the preferred financing alternative mechanism is the assessment district which is proposing four lanes. Zone 8 is looking for flexibility to develop the property in case the assessment district does not occur in a timely manner. Commissioner Hall requested Mr. Hofman to define a timely manner. Mr. Hofman replied that 1990 would be considered acceptable although there are some potential delays approaching with environmental reviews on Reach 3 and 4. Reach 1 is from I-5 to Faraday, Reach 2 is from Faraday to El Camino Real, Reach 3 is from El Camino Real eastward about halfway to the Oceanside boundary, and Reach 4 is the final section. Some of these delays could then cause a delay in the formation of the assessment district. Also, there is always the possibility of a problem if the property owners do not wish to cooperate. There was some discussion at the City Council meeting that Cannon must be four lanes all the way to I-5 if it is to be connected to Oceanside. Mr. Carter added that the City is also a participant in the assessment district in the amount of approximately $6.5 million. The City Council is concerned that if an assessment district is formed, they don't want Cannon Road built in pieces--they want the initial construction from El Camino Real to I-5 to be four lanes. Commissioner Hall inquired about the $12.8 million cost of the assessment district and inquired if the City's portion is $6.5 million. Mr. Carter replied that $12.8 million is the cost from El Camino Real west to I-5; the City's portion of that cost would be $6.5 million. The remainder of Cannon Road would be approximately $25 million. Commissioner Erwin requested a staff response to his comments regarding Faraday. Mr. Carter deferred comment on the ADT's to Bill Hofman. Mr. Hofman replied that the ADT estimate was based on the SANDAG buildout projections which indicates that Faraday would be adequate as a collector street. He could not offer an opinion on whether Faraday as a collector street would be adequate or inadequate. Commissioner Erwin inquired if the property owners in Zone 8 would be reimbursed from other zones for the construction of Cannon Road. There could be the potential for some reimbursement but it has not been determined at this time. Commissioner Erwin inquired if four lanes were put in at the onset, and only two lanes were needed, would the property owner have the ability to recoup the difference. Mr. Carter replied that if facilities are put in that will benefit a future property owner, they have the ability to recoup the cost. However, it is not guaranteed. Mr. Hofman added that COMMISSIONERS -* December 21, 1988 PLANNING COMMISSION Page l1 COMMISSIONERS \ it would be extremely difficult for one property owner to front this large amount of money in hopes of recouping it at a later date. There being no other persons 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. Chairman McFadden inquired what the City Council decided at the last night's meeting regarding parks and the reasons for their decision. Mr. Carter replied that the City Council determined that the joint use or leased property can be used to count towards the performance standard for parks since this has been done since the inception of growth management. The City feels that since the School District cannot deny use of their properties to the public that these properties should not be excluded. By removing these properties from the parks inventory, the City would be asking future developers to make up for past discrepancies. The City Council requested staff to compile an inventory of existing $a# City property and potential park property in order to evaluate whether the City needs to purchase additional property to satisfy the parks requirement. Chairman McFadden believes there is a California law which states that if a school property will no longer be used the school district must offer it for sale or lease to other governmental agencies. Mr. Carter replied that the Civics Act requires notification to the City jurisdiction if a school district wishes to sell or lease the property. The City has first option. The second option is to a Park District. The third option is to a County park agency. Chairman McFadden noted that seven acres of the Pine School property is under consideration for purchase with PFF funds. If other schools are retired, how has the City addressed the financing to come up with money to lease or buy the property. Mr. Carter replied that there is no financing program at the present time to allow us to purchase all school property currently under joint use agreements. In a fully developed area it is difficult for the City to go back and impose park requirements after the fact. Chairman McFadden inquired how we can ensure that park facilities will be available if school property becomes unavailable. Mr. Carter replied that the City will absolutely guarantee that park facilities will be available or development in a quadrant will be shut down. Chairman McFadden feels very strongly that the City is very far away from fulfilling the performance standard for parks and she cannot in good conscience vote in favor of a zone plan that does not ensure that adequate park facilities will be available. Commissioner Erwin supports Chairman McFadden's concern. Motion was duly made and seconded to adopt Resolution No. 2805 recommending approval of the Negative Declaration issued by the Planning Director and adopt Resolution No. 2806 recommending approval of Local Facilities Management for Zone 8. Motion failed. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm . December 21, 1988 PLANNING COMMISSION Page 12 COMMISSIONERS \ During discussion an amendment to the motion was made by Commissioner Erwin and seconded by Chairman McFadden to include a provision for purchase of a future park site. Commissioner Schramm agreed with the amendment. However, Commissioner Schlehuber could not accept the amendment and it was withdrawn. Motion was duly made and seconded to adopt Resolution No. 2805 recommending approval of the Negative Declaration issued by the Planning Director and adopt Resolution No. 2806 recommending approval of Local Facilities Management Plan for Zone 8 with an additional provision that the City look for a park site. Motion failed. During discussion Commissioner Hall requested that the motion contain more definition on the park site. Chairman McFadden would like to see a quadrant demand for additional park lands and cited 8d/&tidBd#C 10.8 gross acres of RMH zoned properties in Zone 8, some of which she feels the City could acquire. Commissioner Schlehuber feels that if Macario Canyon is counted there is more than enough park land to satisfy the standard. Michael Holzmiller advised the Commission that staff has been preparing the zone plans per the approved inventory of park lands which was approved by the City Council. The park inventory will become part of the new Parks and Recreation element which will be coming to the Planning Commission for a public hearing in the near future. He suggested the possibility of approving LFMP i'i8 subject to the new Parks and Recreation element. Chairman McFadden would like to see additional park lands provided in Zone 8 before she can vote for it. Mr. Carter inquired if Chairman McFadden could accept the zone plan if it were conditioned to provide funding for 6.7 acres of park land or dedication of an adequate park site. If this is acceptable, the Zone plan could be approved and a separate motion made to recommend that the City Council not accept funds from Zone 8 for park lands but, instead, require dedication of a park site. He feels that a separate motion would be more effective than a dissenting vote(s) on a Zone plan. Commissioner Schlehuber feels that the LFMP i/8 meets the City requirements and that it should be approved and forwarded to Council. He feels there may be some legal ramifications in adding the park site verbiage to the motion for approval of the zone plan. He would like input by the City Attorney. Motion was duly made, seconded, and carried to adopt Resolution No. 2805 recommending approval of the Negative Declaration issued by the Planning Director and adopt Resolution No. 2806 recommending approval of Local Facilities Management Plan for Zone 8. Commissioner Erwin requested that the minutes reflect ~yrsr~~s4/~4~s~~C~r4/~~~4~g~4~~4~~~~44~~4~~~4l~~~~~/~~4~~~ our strong feelings on the parks issue. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm . * MINUTES December 21, 1988 PLANNING COMMISSION Page 13 DISCUSSION ITEMS: Motion was duly made, seconded, and carried to nominate Commissioner Hall as Chairman of the Planning Commission for 1989. Motion was duly made, seconded, and carried to nominate Commissioner Schramm as Vice-Chairman of the Planning Commission for 1989. MINUTES: The Planning Commission approved the minutes of December 7, 1988 with corrections on page 3 and 12. ADJOURNMENT: By proper motion, the meeting of December 21, 1988 adjourned at 8:20 p.m. Respectfully submitted, MICHAEL HOLZMILLER Planning Director BETTY BUCKNER Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTFS ARE APPROVED. Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm Erwin Hall Holmes Marcus McFadden Schlehuber Schramm \ 4 5 - X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ? \ : X