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1990-09-25Encinitas PLACE OF MEETING: PHONE - PLANNING COMMISSION Regular Meeting Agenda AND MINUTES/SUMMARY CORRECTED & APPROVED 10/11/90 CITY COUNCIL CHAMBERS 535 Encinitas Boulevard Encinitas, California 92024 CITY: (619) 944-5050; PLANNING: 944-5060 Tuesday, September 25, 1990 - 7:00 p.m. 1. CALL TO ORDER/ROLL CALL - 7:05 PM Planning Commissioners Present: Lester H. Bagg, Chair; Harry Couglar, Vice Chair; Bill Dean, Joseph C. Stumpf, Chuck Orr Commissioners Absent: Bill Dean (Items 1-5 only) Staff Present: Patrick S. Murphy, Community Development Director; Bill Weedman, City Planner; Bob Warren, City Engineer; Linda Niles, Associate Planner; Tom Curriden, Associate Planner; Jim Jones, Assistant Planner; Chris Durand, Planning Technician; Lea Kauflin, Secretary. 2. PLEDGE OF ALLEGIANCE - Led by Commissioner Orr 3. ANNOUNCEMENTS - None 4. ORAL COMMUNICATIONS - None 5. APPROVAL AND ADOPTION OF CONSENT CALENDAR Approval of minutes from meetings of August 28, 1990 and September 13, 1990. Pulled, see Item 9. Later continued because of ~ lateness1 of the hour. Be CASE NUMBER: 90-135 MUP/MOD APPLICANT: Community Services, City of Encinitas LOCATION: 1661 Lake Drive, Cardiff DESCRIPTION: Major Use Permit Modification to construct a 336 sq. ft. storage building at the Cardiff Sports Park. ENVIRONMENTAL STATUS: Exempt per CEQA Section 15301e(2). ITEM PULLED: SA. ITEMS ADDED: 7A ACTION: Motion - Commissioner Couglar to close and adopt the Consent Calendar as modified above. Second - Commissioner Orr VOTE - Ayes: Couglar, Orr, Bagg, Stumpf Nays: None lCorrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 1 52'' Encinims Boulevard, Encinitas, California 92024 619 944-5050 Abstain: None Absent: Dean ADMINISTRATIVE HEARING(S) CONTINUED: (Continued from meeting of August 28, 1990.) CASE NUMBER: 89-090-TPM APPLICANT: Eric Larson LOCATION: 602 union Street West of Saxony Road DESCRIPTION: Tentative Parcel Map to create four (4) lots in excess of 14,500 sq. ft. each. ENVIRONMENTAL STATUS: Exempt per CEQA Section 15301. The Chair listened to the tape and is permitted to hear this item. Commissioner Orr will be abstaining; left the hearing room. Staff Report presented. Donation to Orpheus Park ($5,000 for the acquisition of trees) is preferred over the previously suggested YMCA donation. The Commission asked about more information regarding Finding C. Essentially staff feels this condition has not been met; ~it is not of a superior design. Public Hearing opened at 7:15 PM. Chet Johnston, Project Engineer, 523 Encinitas Blvd, representing Eric and Lola Larson. Finding D fulfills the direction given August 28. Regarding Finding C, feels the project significantly exceeds design standards. Public Hearing closed at 7:17 PM. PLANNING COMMISSION DISCUSSION: Significant community benefit: (1) Trees for Orpheus Park or (2) YMCA. One Commissioner stated his view that the Commission cannot determine how a project can exceed mid-range density and requested additional guidelines .and/or clarification by staff. Other Commissioners felt this project should go forward. Further discussed whether project design is significantly superior to what can be expected. ACTION: Motion - Commissioner Couglar to deny 89-090 TPM because Findings C and D, as far as exceeding mid-range density, cannot be met. Second - Commissioner Bagg VOTE - Ayes: Couglar, Bagg Nays: Dean, Stumpf Abstain: Orr Absent: None (7:35, 1039) Discussion: Some Commissioners felt findings could be made if a suitable off-site improvement could be made. PCMR2/SEP25-90.MIN (11/9/90) 2 ACTION: Motion - NO. 89-090 TPM to the City Council resolution. Second - Commissioner Bagg VOTE - Ayes: Stumpf, Bagg, Dean Nays: Couglar Abstain: Orr Absent: None 7:50 PM (1574) Commissioner Stumpf to refer the appeal of Case for PUBLIC HEARINGS CONTINUED: (Continued from meeting of September 13, 1990) CASE NUMBER: 90-213 PCI APPLICANT: Texaco LOCATION: City-wide DESCRIPTION: Planning Commission Interpretation determine what constitutes a structural sign change· ENVIRONMENTAL STATUS: Exempt per Section 15301. to Interpretation as presented by staff approved on Consent. CASE NUMBER: 88-178 MUP/EIA APPLICANT: Mobil Oil LOCATION: 310 Encinitas Boulevard DESCRIPTION: Major Use Permit for a car wash, convenience store with alcohol sales, and gas pump islands, all to be open 24 hours a day on site presently containing a service station (to be removed). ENVIRONMENTAL STATUS: Negative Declaration pending adoption. Staff Report presented, reviewing CAB I and CAB II hearings. Proposal is in compliance with Uniform Building Code (UBC). Discussed turn lanes on Saxony Rd. related to line of sight. Proposed project will not impact traffic significantly differently from the present use. Public Hearing opened at 8:03 PM. Ken Huepper, 18634 Lancashire Way, San Diego 92128, representing Mobil Oil. CAB concerns have been addressed. Here to answer questions. No other speakers. Public Hearing closed at 8:05 PM. PLANNING COMMISSION DISCUSSION: Questions raised: (1) One unisex restroom. Response: Used widely; have not encountered any problems. (2) Gallons which will be pumped. Response: Anticipate an increase. There will be 18 versus previous 8 fuelling positions. A minimum of 150,000 gallons per month will be pumped. (3) Traffic study. Page 5 of traffic study reviewed (Page 8C-47). Concerned about near grid-lock occurring on the road segment west of I-5. Response: PCMR2/SEP25-90. MIN (11/9/90) 3 The project won't generate traffic; only service traffic generated by other uses. City Engineer stated improvements do not affect anything west of I-5. Conditions for the signalled intersection will not change. Ken Huepper stated reducing curb cuts from 2 to 1 and the curb cut on Saxony Rd. will be further away from the intersection. One Commissioner stated his disagreement with staff findings--feels applicant is not mitigating existing problem nor has additional traffic been addressed. Discussed traffic in the area of Saxony Rd. and Encinitas Boulevard. Summarized foreseeable difficulties in traffic patterns at Saxony Rd. and Encinitas Blvd. The City Engineer reviewed plans for improvements of that intersection. Another Commissioner would like to see marketing~jee~=e projections2 and how ADTs were obtained. Table indicating Level C or B reviewed by Ken Huepper. Traffic data questioned and existing conditions reviewed. A very specific study of this intersection is needed. Access to the project going east on Encinitas Blvd. discussed. Ed Buttorao, 1400 Third St. Promenade, Santa Monica 90401. Answered questions on signs as did Ken Huepper. The Chair asked questions r~garding lights, trash enclosure, Te~e~4~brick exterior2, light fixture cuts, level of lighting, moving vents behind retaining wall. He also asked about reducing height of main sign. Response: The sign is within the guidelines and without a freeway visible sign, the height of the sign is important. Klm Wiley, Wiley Group, 710 13th St., Studio 312, San Diego 92101. Mature heights of shrubbery questioned by the Commission as well as the use of Bird of Paradise on the corner. Response: Reviewed heights of shrubbery while keeping in mind line of sight. A miniature variety of the Bird of Paradise may be possible. The Commission suggested plantings along the existing wall (will be painted Bahama Beige). Response: Planned landscaping is well beyond what the City requires. Area is needed for parking. Stucco areas should be revised to a brick similar to existing. Major sign: Presently 8'; Commission feels the sign should be reduced in height. 2Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 4 ACTION: City Engineer asked for specifics: Chair stated need to examine use at this intersection and other uses all around this intersection. The Commission also asked to look at the assumptions that led to the ADTs coming to and from the station, including marketing forecasts for the site. "Right Turn Only" needs to be reviewed. Best way to exit is on Saxony--what queue problems exist on Saxony? Also need a visual that clearly shows the problems inherent in that intersection. Need to see that a maximum of three cars that can queue up at that intersection. Gallons to be pumped per month and estimated number of cars needed to reach this projection. Don't use SANDAG figures; make it site specific. Wants to know how SANDAG came up with their car wash projections; has been a dramatic change in the market. Landscape Plan is okay except for the Bird of Paradise. Staff S,,mmary: Continue to October 23, 1990, so that the applicant can submit information relating to: (1) More traffic data for consideration; (2) Brick facade treatment; (3) Sign modification; (4) Vent pipes to be moved behind retaining wall, if possible; (5) Substitute species for present Bird of Paradise; (6) An additional restroom; (7) Visual representation of the intersection; (8) Up-to-date information on traffic counts. Motion - Commissioner Orr to continue to October 23, 1990 SO applicant can provide additional information as listed above. Second - Commissioner Couglar VOTE - Ayes: Orr, Couglar, Bagg, Dean, Stumpf Nays: None Abstain: None Absent: None (9:25 PM, (1645, Tape 2) PUBLIC HEARINGS: Ae ACTION: CASE NUMBER: APPLICANT: LOCATION: DESCRIPTION: shop· ENVIRONMENTAL recommended. 88-353 MUP/DR/EIA Surfside Auto Body 1508 N. Highway 101 Expansion of an existing auto body repair STATUS: Negative Declaration is Motion - Commissioner Couglar to continue3 to October 23 as requested by the applicant in order to make changes to the application. Second - Commissioner Orr VOTE - Ayes: Couglar, Orr, Bagg, stumpf Nays: None Abstain: Dean Absent: None (9:30 PM, 1737 Tape 2) 3Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 5 CASE NUMBER: 89-078 TPM/MUP/EIR APPLICANT: North Coast Presbyterian Church LOCATION: South side of Manchester Avenue Pacific Ranch Drive and Trabert Ranch Road. betWeen DESCRIPTION: Review adequacy of Environmental Impact Report in addressing the environmental issues. This is not a Public Hearing on the project. ENVIRONMENTAL STATUS: Draft EIR 45 day review period ends October 22, 1990. Staff Report presented. (9:35 PM) Public Hearing opened at 9:45 PM. Philip Hoffman, 4018 Manchester Ave. Biological issues not adequately addressed. Page 9 references 12 houses, another page says 6 houses and another page says 9 houses--needs to be clarified and addressed more clearly. certain recreational uses on Manchester (triathlon) should be addressed. Traffic element of the report: Page 38 states 38,000 sq.ft., actually 41,000 sq. ft. Assuming that part of this is not generating traffic and estimates are conservative anyway needs to be reviewed. The EIR should more adequately~ address alternate proposals. Ted and Becky Vincent, 3838 Manchester Ave. Project surrounds them on three sides. Will be making a mixed use in a residential community; project would be incompatible with residential use. Lights from parking lot and from cars (490) coming and going at designated times will severely impact this rural residential area. Only 20-30 cars would be coming and going if 12 homes built on this parcel. Project more suitable for E1 Camino Real or Encinitas Boulevard which support commercial use. Location and size: 45,000 sq. ft. building is larger than a possibility of 12 homes. Visual quality: parking lot lights, lights from cars. Knows that Manchester will be widened. Concerned about unsafe conditions; bad enough already on Manchester. Left hand turns if going west will be a problem. Feels wildlife will be affected--road runners and coyotes are common at present. Economic concerns also expressed. Issues are covered in memos sent to Planning. Going to make the land use more a commercial area, or at least a mixed area. Impact of turn lanes need to be understood. Traffic will happen at church times; a queuing study has not been done. No alternatives included regarding noise as with other issues addressed. 4Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 6 Public Hearing closed at 10:00 PM. PLANNING COMMISSION DISCUSSION: Biological resources: P.8. Intrusion of non-native species, i.e., landscaping. Alternatives need to be proposed. Proposed mitigation to biological issues are totally inadequate. Preamble on the loss of habitat is very good: 27 acres becoming 3 acres or less, urban run- off, agricultural (irrigation) run-off. Property in wetland area has not been dealt with adequately. Negative impacts noted, but mitigation falls5 woefully short. Page 46 refers to San Elijo Lagoon as blocked-- will be reopened. Need to review the mean high tide mark and its relationship to this particular project. Map, p.47: Should show the project and the relationship of the project to sensitive areas. Include wetland boundary, 100' setback and the 2.7 acres for preserving natural resources. Traffic Report. Table 4, page 26, Existing Daily Volume and Existing Project Volume: Need something like this with actual numbers for Sunday. Level of service at level B (Table 6): What are the numbers rather than the conclusions? Wish they would address alternatives to parking. One alternative presented is an overflow lot: what surface will be used so as not to impact the project? Run off will be a major problem. Lower the parking to what is required. Discussion of alternative sites for the project was not adequate. Light discussion fairly good, but mitigation of lowered lighting levels in the lagoon is inadequate. Noise: Questioned reference to 61 db being acceptable for wildlife. Grading mitigation during construction in this sensitive area needs to be covered in more detail. View impacts: keeping height of structures down is a good approach. Can't make 500 cars look like they aren't there. Suggested shuttling people away from the site. Problems have been identified but mitigations not adequate. Protection of wildlife corridors. Although development can occur, it should retain the ability for animals to access this highly desirable environment. 2.7 acres into one section of the project, but says that it is over 50% open space. A better definition of the 50% open space; should not include grass area between parking areas. Cumulative impact of human activity (mainly recreational) on the wetland area. Difficult to understand how this 5Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 7 impact would be equal to a residential area. Impact of 7 houses vs. this project needs to be assessed. The Chair reviewed comments made. Asked if the traffic study was done on the larger project or the presently proposed one. How is this project will impact the house surrounded by the project should be addressed in the EIR. The conclusion that the residential use would have a greater impact than this project needs explanation. Staff clarified that additional alternatives should be explored in Encinitas. The Commission requested a more definitive statement on the mitigations and how viable they are. Relocation or elimination of the playing field should be considered. No Project Alternative: Take out overlays for sensitive areas and setbacks, then calculate density. CASE NUMBER: 89-297 TM/EIA APPLICANT: Wagner LOCATION: Easterly extension of Camino Del Rancho, Olivenhain DESCRIPTION: Proposed 9 lot Tentative Map ENVIRONMENTAL STATUS: Negative Declaration recommended. staff Report presented. (10:30 PM, 705, Tape 3). The Commission'asked if the restorative contour grading can be adopted. Response: Applicant wants to restore to natural grade. Trails also need to be addressed. Public Hearing opened at 10:45 PM. Doug Logan, 465 First St., Suite A. Pointed out new alignment for transitioning from the public road to a private road. Stated a 60' IOD goes all the way through the project to the north edge. Highly disturbed areas are Lots 6-7, east of cul-de-sac and when first entering the property. The "borrow" pits are as much as 50' deep. Alesandra Kornafel, 465 First St., Suite A. disturbed areas. Pointed out Doug Logan stated CAB asked for a private road. fill is under the road. Maj or The Chair stated that a condition should be added- informing prospective buyers6 regarding the amount of fill on each specific lot. The City Engineer referred to the grading ordinance and the time needed for material 6Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 8 to settle. The final grading plan will reflect before and after conditions. It.was stated it that the project~ is almost a continuation of Crystal Ridge. Each Commissioner should be sure to view the property before it is voted on. There are 40% slopes, etc. and is a very controversial area. A lot of grading will occur. One Commissioner stated he needed additional definitions for finished grade, contour grade, natural grade. Difficult to determine what is proposed as natural grade. Doug Logan: Grading on top is in less than 25% slopes. Site is an eyesore. Never been any opposition to the project. There are 4 legal sites and the "borrow" sites will be filled in. Asked about 7A in the resolution. The City Engineer stated it should be deleted (Page 7A- 14). Trails: The Vice? chair stated the staff recommendation is a good one; trails are not necessary. The Olivenhain Commissioner stated that the trail outlined is being used now. Just to the north of the parcel map (north and northwest) lies another trail. There is a trail that goes along the top of Crystal Ridge, across Crystal Ridge Road and along Regal Ridge Road. The project trail is within the sewer easement. The chair asked if the Commission agrees in priqci~le with the c~nt~ur grading filling of the borrow Pits'. Need to determine extent of the restoration grading. City Engineer: 9B same as 7A. and exceptions not needed. Standards cover all. On Condition 11, waivers Interim Olivenhain Road Motion - Second - VOTE - Ayes: Nays: Abstain: Absent: Commissioner Couglar to continue to October 11, 1990 to allow the Commissioners to individually walk the site and to have applicant submittedinformation to demonstrate original topography. Additional comments included: delete condition ?& and 11, review recreational trail, concur with filling in the borrow pits, and add condition to notify future property owners of the areas where fill has occurred. ' commissioner Stumpf Couglar, Stumpf, Bagg, Dean, Orr None None None (11:25 PM, 2755, Tape 3) 7Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 9 CASE NUMBER: 90-152 ZOA APPLICANT: City of Encinitas LOCATION: City-Wide DESCRIPTION: Amendment to the Zoning Matrix regarding alcoholic beverages (sales for off-site consumption), hair salon, custom manufacturing, fleet storage, outdoor sales, swap meets, caretaker dwelling unit, second hand dealers, storage of nonoperating vehicles, transient habitation, and cellular facility. The purpose of the amendment is to provide consistency within the Use Matrix, to clarify use types for enforcement purposes, and to modify use type by zone. ENVIRONMENTAL STATUS: Under review. Staff Report presented. Public Hearing opened at 11~30 PM. Mary May, 533 F St, Suite 209, San Diego 92101, representing U. S. West Cellular. Have requested definition of cellular facilities be included in the zoning amendment. Supports staff recommendation. Public Hearing closed at 11:32 PM. PLANNING COMMISSION DISCUSSION: Staff recommendations accepted except: #7) Outdoor sales/swap meet: Add public/semipublic. #8) Second Hand Dealers and Antique Stores should be treated the same way. Present second hand dealers and antiques stores are located in General Commercial. Antique stores are listed in Local Commercial and Light Industrial. Ask Code Enforcement if this would create a problem. #9) Non operating vehicles: Asked about stating in excess of two and adding a time period (30 or 60 days). Ask Code Enforcement regarding specifics on abandoned cars on a monthly basis. This item onlycontinued to October 23 by consensus. CASE NUMBER: 90-149 ZOA APPLICANT: City of Encinitas LOCATION: City-Wide DESCRIPTION: Amendment to the .Zoning Code fence regulations to allow barbed wire and Iow voltage electrical fencing in residential areas for large animal containment, and prohibit barbed wire and electrical fencing in non-residential zones. ENVIRONMENTAL STATUS: Under review. Staff Report presented (11:55 PM). PCMR2/SEP25-90.MIN (11/9/90) 10 PL~NNIN~ COMMISSION DISCUSSION: Residential Zones Consensus as proposed. Commercial Zoning continue to october 11, 1990. Two Commissioners favors8 Option 5A and two Commissioners favor 5B; one needs more time for discussion and more information. Need to obtain information from commercial users. Light Industrial Zones Continue to October 11, 1990. Animal Enclosure Requirements Consensus as proposed,s ITEMS REMOVED FROM THE CONSENT CALENDAR BY PLANNING COMMISSION Item 5A. Approval of minutes from meetings of August 28, 1990 and September 13, 1990. September 13, 1990 minutes not available. Continued to October 11, 1990 by consensus. 10. REVIEW CITY COUNCIL ACTIONS TAKEN ON September 26, 1990. The Community Development Director reported upcoming topics. The Chair asked that when the setback issue is rescheduled for City Council hearing, he and the Vice Chair be notified'. 11. PLANNING COMMISSION/DIRECTOR REPORTS Discussion regarding findings to exceed mid-range density. Continued to October 11, 1990 by consensus. 12. ADJOURNMENT ACTION: Motion - Commissioner Dean to adjourn to the next regularly scheduled meeting to be held Thursday, October 11, 1990. Second - Commissioner Orr VOTE - Ayes: Dean, Orr, Bagg, Couglar,~Stumpf Nays: None Absent: None A proponent or protestant of record may appeal a final decision of the Planning Commission by filing the appeal within fifteen (15) working days after the hearing through the Office of the City Clerk, City of Encinitas, 527 Encinitas Boulevard, Encinitas, CA 92024. 8Corrected at 10/11/90 meeting. PCMR2/SEP25-90.MIN (11/9/90) 11