1990-02-15.- Encinitas
PLANNING COMMISSION
Regular Meeting Agenda
AND SUMMARY/MINUTES
CORRECTED ANDAPPROVED $/15/90
PLACE OF MEETING: City Council Chambers
535 Encinitas Boulevard
Encinitas, CA 92024
PLANNING DEPT. (619) 944-5060
Thursday, February 15, 1990 - 7:00 PM
1. CALL TO ORDER/ROLL CALL - 7:15 PM.
Commissioners Present: Lester H. Bagg, Chair, Harry Coulgar,
Bill Dean, JoAnn Shannon, Joseph Stumpf
Commissioners Absent: None
Staff Present: Patrick S. Murphy, Community Development
Director; Bill weedman, city Planner; Bob Warren, City
Engineer; Jim Jones, Assistant Planner; Lea Kauflln,
Secretary.
2. PLEDGE OF ALLEGIANCE - Led by Commissioner Couglar
3. SPECIAL PRESENTATIONS/ANNOUNCEMENTS - None
4. ORaL COMMUNICATIONS
5. CLOSING AND ADOPTION OF CONSENT CALENDAR
Approval of Minutes from meetings of: January 11, 1990,
January 23, 1990 and January 30, 1990.
B. Final Map pursuant to Tentative Map No. 88-250.
Initial Consideration of Jacobs appeal relating to a
proposed single family residence on Neptune Avenue (Case
No. 89-215 V).
Removed from the Consent Calendar: 5A (Minutes not prepared.)
Added to the Consent Calendar:
6B: Continuation of Venture Pacific, 89-178 TM/EIA
6E,2: Continuation of Medical Complex or Medical Clinic,
90-021 PCI.
ACTION:
MOTION -
Second -
VOTE:
Commissioner Couglar moved to close and adopt
the Consent Calendar as modified by staff and
the Commission.
Commissioner Shannon
Ayes - Couglar, Shannon, Bagg, Dean, Stumpf
Nays - None
PCMR2%FEB15-90.MIN (3/23/90) 1
52- I(ncinit;ks B~mlcvard, Encinitas, CaliMrnii 92024 619 944 $050
6e
Abstain - None
Absent - None
Agenda rearranged to permit public to speak on other agenda
items. Next item heard: 6C.
PUBLIC HEARINGS
Performance Standards - Continues Light and Glare Public
Hearing. 9:35 PM.
Staff Report presented conveying Council comments made
at their February 14, 1990 meeting. Information from A.
C. Cordas distributed.
Public hearing opened and closed at 9:45 PM.
PLANNING COMMISSION DISCUSSION:
Decision will not prejudice any community in defining
their standards. Discussed hours, amount of light,
existing vs. new projects, commercial vs. residential,
single family vs. multi-family, and exempting security
lighting. The Commission felt reasonable security
lighting needs to be defined: height and amount of
illumination.
Consensus:
Hours for outdoor recreational activities:
9:00 PM without a permit; after 9:00 PM would
be subject to Minor Use Permit.
Consensus:
Searchlights are to be prohibited in all areas,
but laser liqht shows are okay.1
Consensus:
Outdoor lights to be directed downward, except
for aesthetic or dramatic effect which may be
directed upward if not impacting adjacent
properties.
Outdoor lighting: The light source or
reflected light should be above the horizontal
plane.
Consensus:
Page H.5. Illuminaires shall be so designed
and shielded to eliminate all light directed
towards environmentally sensitive areas as
referenced in the Natural Resource Map of the
General Plan.
1As corrected at 2/27/90 Planning Commission meeting.
PCMR2~FEB15-90.MIN (3/23/90) 2
Requested the modified Light and Glare Standards to be sent
to Council also be sent to Commissioners.
ACTION:
MOTION -
Second -
VOTE:
Abstain -
Absent -
Commissioner Shannon to send to the City
Council Light and Glare Standards as modified
in Attachment i and 2 and as further modified
by the Commission above.
commissioner Dean
Ayes - Shannon, Dean, Bagg, Couglar, Stumpf
Nays - None None
None (10:15 PM)
CASE NUNBER: 89-178 TM/EIA
APPLICANT: Venture Pacific Development
LOCATION: 2300 llth Street
DESCRIPTION: Major subdivision of 6.40 acres into 11
half-acre lots consisting of 10 SFR and one park lot;
and environmental review.
ENVIRONMENTAL STATUS: Recommended Negative Declaration.
CONTINUED TO FEBRUARY 27, 1990 ON CONSENT CALENDAR.
CASE NUN~ER: 89-286 MIIP
APPLICANT: Charles Rogers, dba Coco Palms Restaurant
LOCATION: 1950 N. Highway 101
DESCRIPTION: Major Use Permit for alcoholic beverage
sales and exterior building and site modifications.
ENVIRONMENTAL STATUS: Exempt per Sections 15301(a),
15302(b) and 15304(b) of CEQA.
Staff Report presented at 7:25 PM. Discussed colors of
the building and signs, including the two neon tubes on
the building.
Public Hearing opened at 7:35 PM.
Steve Weddell, 425-B Rysh Drive, San Marcos 92069.
Described the signage including lighting and colors
including exposed neon on the roof sign which would be
carried out along the two edges of the building.
Charles C. Rogers, 1950 N. H~]. 101, Leucadia. 25-30
palm trees have been planted, along with some Bird of
Paradise plants. Did take out 3 pines, 2 of which
obstructed the view for traffic. Rancho Santa Fe Nursery
and another person said the pines would not survive if
transplanted; therefore they were removed.
Diane Rogers, 4131 Park side Place, Carlsbad. Exterior
paint trim and stucco color will stay as is. Willing to
PCMR2~FEB15-90.MIN (3/23/90) 3
buy three more trees and plant somewhere else on the
property.
Public Hearing closed at 8:45 PM.
PLANNING COMMISSION DISCUSSION:
Music will be restricted to a piano player.
Signs being larger than permitted discussed as well as
plastic exterior signs and the internal lighting.
Supports the monument sign reduced size of 8' x 11'. The
roof sign should conform to what is permitted and the
neon should be removed from the roof sign as it is highly
reflective across the lagoon.
Landscaping discussed. The pines should be replaced.
According to the General Plan, mature trees should be
protected; the palms should have been integrated with the
pines. Supports existing pines remaining on site.
Restriping the parking lot to current code makes sense.
The Chair stated the Commission supports the sale of
alcoholic beverages for this partiuolar location.~
The applicant asked if the pine trees could be replaced
by palms. One Commissioner stated the mature pine trees
removed should have been preserved (stumps are at least
12" in diameter); need to be replaced with at least 15-
gallon size. The Chair proposed that six trees replace
the three removed. The Chair asked if the proposed
groundcover essentially would replace the weed-overgrown
areas in the planting areas in the parking lot. Response:
will be either grass with some color (flowers) or
bougainvillea.
Summation by the Chair: Monument sign reduced size
(double-sided and lighted), exterior color, and neon
tubes along the fascia are okay. Size, appearance and
height of the roof sign should be reconsidered.
Steve Wedde11: Willing to lower palm trees in roof sign
1' 1" and to lower the sign so that it does not exceed
the mid-point of the roof.
A Commissioner proposed modifying the exposed neon with
a gray face and pink etched in letters. The plastic
should be dulled so as to emit less light. Other
~As corrected at the 3/15/90 Planning Commission meeting.
PCMR2~FEB15-90.MIN (3/23/90) 4
possible changes brought up. Staff pointed out redesign
should be done through staff and a revised drawing
submitted for review.
Page 6C-16, 1.9: Change "Developer" to "Owner".
Consensus:
Continue the roof sign to March 15. Size,
height, color and amount of light emitted
across the lagoon need review.
ACTION:
MOTION -
Second -
Commissioner Shannon to approve 89-286
MUP, with the following changes: Monument
sign to be 8' x 11t (approximately),
landscape plan to include six 15-gallon
pine trees on site to replace the three
removed, the exterior color to remain the
same, neon tubes along the fascia are
approved, but the roof sign to be brought
back March 15 with a redesign addressing
size, height, total s~uare footage, color
and illumination.
Commissioner Cougler
Commissioner Dean that no more pine trees are
to be removed.
ACCEPTED BY THE MAKER OF THE MOTION AND THE SECONDER.
VOTE~
Ayes - Shannon, couglar, Bagg, Dean, Stumpf
Nays - None
Abstain - None
Absent - None
CASE NUMBER: 89-2299 MUP/MOD
APPLICANT: Forum Restaurant
LOCATION: 1010 First Street
DESCRIPTION: Major Use Permit to allow sales of
alcoholic beverages in conjunction with restaurant sports
bar.
ENVIRONMENTAL STATUS: Exempt per Section 15301(e) of
CEQA.
Staff Report presented. Restaurant is open 24 hours and
there is a satellite antenna. Applicant has agreed to
return to hours stated in the Major Use Permit and remove
the satellite antenna--to be requested at a later time
through the Old Encinitas Community Advisory Board (CAB).
Operating with a temporary beer and wine license. Hours
approved by CAB: Alcoholic beverage to 1:30 AM, closing
at 2:00 AM. Revised resolution distributed.
PCMR2~FEB15-90.MIN (3/23/90) 5
ACTION:
Public Hearing opened at 8:30 PM.
Rod Lockwood, 425 Marview Drive, solana Beach 92075.
Begins work at 3 AM; thought could be open 24 hours to
serve the community; i.e., Sheriff's Department. Will
take down the satellite dish and reduce hours.
Steve Weber, 7930 La Capela, Carlsbad 92009.
the position of Mr. Lockwood.
Restated
Publlc Heering closed at 8:35 PM.
PLANNING COMMISSION DISCUSSION=
MOTION -
Second -
Co~m%ssioner Shannon to approve the Major Use
Permit to allow sale of alcoholic beverages.
Commissioner Stumpf
Mr. Lockwood stated letters from two residents supporting
operations of The Forum on file with the ABC Board.
VOTE: Ayes - Shannon, Stumpf, Bagg,
Nays - None
Abstain - None
Absent - None (8:40 PM)
Couglar, Dean
Planning Commission Interpretations
Determination of whether Boys and Girls Club is a
public or private recreational facility.
Commissioner Shannon left the hearing room for
reasons due to possible conflicts.
Staff Report presented.
Public Hearing opened at 8:4S PM.
Brad Mason, 1205 Caminito Carolina, Olivenhaln.
Here to answer questions.
John Dean, 3785 Arroyo Sorrento, san Diego 92130.
Here to answer questions.
Betsy Schrieber, 1270 Elmbranoh Drive. Ask the
Zoning Ordinance be amended to include private and
non-profit3 clubs whose use could be permitted under
Public, Semi-Public with a Minor Use permit to
protect neighbors. This project will impact the
3As corrected at 2/27/90 Planning Commission meeting.
PCMR2~FEB15-90.MIN (3/23/90) 6
neighborhood and should not be a permitted use.
Interpreting a City wide issue for a specific site.
Liz Biner, 160 Witham Road. Would like "Permitted
by Right" defined.
Lois Browll Tripp, 246 Witham Road. Information in
staff report not sufficient to make a decision.
Should have criteria for a public and a private
recreational facility for consideration· Read from
the Land Use Element. Feels not public use. How
do they view themselves (bylaws, charter)? How
would the public have input? Need to define
criteria and determine how these criteria apply to
the Boys and Girls Club.
Diane Spiegel, 115 Witham Road. Did not wish to
speak·
Public Hearing closed at 8:55 PM.
PLANNING COMMISSION DISCUSSION:
Discussed Public/Semi-Public uses. Staff reviewed
information presented and defined "by-right". The
Boys and Girls Club is on school land (public/semi-
public). Need to make a determination based on the
Zoning Ordinance.
ACTION:
MOTION -
Second -
Commissioner Dean to define the Boys and
Girls Club as a public recreational
facility.
Commissioner stumpf
Discussion: Need to review zoning matrix for this use
and come up with something that will allow public input
as to whether this sort of use is allowed in certain
areas.
VOTE~
Ayes - Dean, Stumpf, Bagg, Couglar
Nays - None
Abstain - None
Absent - Shannon (9:05 PM)
Determination of whether North Coast Health Center
facility is a "medical complex" or a "medical
clinic". Case No. 90-021 PCI.
CONTINUED TO FEBRUARY 27, 1990 ON CONSENT.
PCMR2kFEB15-90.MIN (3/23/90) 7
Determination of whether the College of Osteophatic
Medicine of the Pacific is a private educational
institution or a medical clinic.
Staff Raport presented.
distributed and reviewed.
Letter from Jan Shur
Public Hearing opened at 9:10 PM.
Werner Von Gunde11. 1911 Cheynne Circle, Oceanslde.
Students go to school two years followed by two
years in diagnosis and treatment at the College.
The staff are employees of the college. College and
the Center for Children are non-profit. 25% are
free; charge less than going rate. Two teams of 1
student, i teacher and 1 child may be housed at the
same time. Described facility.
Maureen Gaare, 932 Ocean View. (Lavender slip, did
not speak -- not present.)
Public Hearing closed at 9:20 PM.
ACTION:
NOTION -
Second -
Commissioner Shannon to define the college
of Osteopathic Medicine of the Pacific as
an educational institution.
Commissioner Stumpf
Discussion: Action does not indicate potential outcome
of project.
VOTE: Ayes - Shannon, Stumpf, Bagg, Couglar, Dean
Nays - None
Abstain - None
Absent - None (9:25 PM)
Farm Employee Housing Discussion. (Continued from
January 30, 1990).
The Commission asked to continue this item in order to
meet with flower growers (not able to meet with them
prior to Valentine's Day). Also, hope to contact other
areas and growers that have standards for alternate
housing.
Staff stated recommendation going to Council March 14,
and will state that the Planning Commission wishes to
develop policies to implement alternate housing.
Consensus: To continue this item to April lZ. (9:35 PM)
(Next item considered: 6A, Light and Glare.)
PCMR2~FEB15-90.MIN (3/23/90) 8
SELECTION OF CHAIRm VICE CHAIR, ARBITRATION COMMITTEE MEMBER
AND ALTERNATE
ACTION:
MOTION - commissioner Couglar nominating Chairman
Bagg as Chair for the coming year.
Second - Commissioner Dean
VOTE: Ayes - Couglar, Dean, Shannon, stumpf, Bagg
Nays - None
Abstain - None
Absent - None
ACTION:
MOTION - Commissioner Dean nominating Commissioner
Couglar as Vice-Chair for the coming year.
Second - Commissioner Shannon
VOTE: Ayes - Dean, Shannon, Bagg, Stumpf
Nays - None
Abstain - Couglar
~bsent - None
Duties of an Arbitration Committee member defined:
Serves on an "as needed" basis, generally with one week's
notice, to respond to situations where a development
project is not being constructed as approved and it would
not be prudent to go back before the approving agency.
This situation seldom exists. The Arbitration Committee
consists of a member from the CAB area, a Commission
member and a City Council member.
ACTION:
MOTION - Commissioner Shannon nominating
Commissioner Dean as Arbitration Committee
member for the coming year.
ELECTED BY ACCLAMATION.
Consensus:
That Commissioner stumpf serve as the alternate
for the Arbitration Committee.
ITEMS REMOVED FROM THE CONSENT CALENDAR BY COMMISSION - None
9. PLANNING COMMISSION/DIRECTOR REPORTS
A. Informational Items - No action to be taken.
Council actions: (1) Denied appeal on Fargo, upholding
Planning Commission (4-1); (2) Heard Performance
Standards. Electro magnetic emissions to be reviewed by
the Amateur Radio Service; (3) Noise for Industrial was
reduced to 60 or 65 LDN; (4) Establish Code Enforcement
Procedures as well as Citation Procedures to begin in
April.
Growth Management Procedures have been distributed.
PCMR2~FEB15-90.MIN (3/23/90) 9
Discussion of February - March schedule:
There are a couple of projects coming up with EIRs which
would come before the Commission in April.
March 15: Roof Sign for Coco Palms and Dark Skies Policy
for Olivenhain.
April: First two sections regarding Bluff Top
Regulations.
(Commissioner Stumpf should get copies of all
letters the Commission has received.)
1. Review of public hearing options for EIR
Certification.
Staff Report reviewed· Discussed whether all EIRs
should come to the Planning Commission as Initial
Considerations·
Consensus:
EIR's to be reviewed at a public hearing
should there be significant public input
into the EIR review process, location of
the project is in a specified overlay
zone, or where overriding considerations
may be necessary.
Establishing public hearing for other Zoning Code
amendments relative to setbacks in various zones.
Consensus:
Set hearing for discussion of side yard
setbacks. Items 257 and 258 of the Zoning
Matrix, public and private recreational
facilitles, should also be agendized.
10. ADJOURNMENT
ACTION:
MOTION - Commissioner Couglar to adjourn to the
next regularly scheduled meeting to be
held February Z?, 1990.
Second - Commissioner Stumpf
VOTE - Ayes - Couglar, Stumpf, Bagg, Shannon, Dean
Nays - None
Absent - None
A proponent or protestant of record may appeal a final decision of
the hearing body by filing the appeal within ~ifteen (15) calendar
days after the hearing through the office of the city Clerk, City
of Encinitas, 527 Encinitas Boulevard, Encinitas, CA 92024.
PCMR2%FEB15-90.MIN (3/23/90) 10