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HomeMy WebLinkAbout2010-12-01; Planning Commission; MinutesPlanning Commission Minutes December 1,2010 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: December 1, 2010 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Douglas called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Dominguez led the Pledge of Allegiance. ROLL CALL Present: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, Montgomery, Nygaard and Schumacher Absent: None STAFF PRESENT: Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Micnelson, Senior Office Specialist Gary Barberio, Community and Economic Development Director Dan Halverson, Assistant Planner Shelley Glennon, Assistant Planner Glen Van Peski, Senior Civil Engineer APPROVAL OF MINUTES Chairperson Douglas asked if there were any corrections or revisions to the minutes of the meeting from October 6, 2010. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of October 6, 2010. VOTE: 6-0-1 AYES: Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard, and Commissioner Schumacher NOES: None ABSENT: Chairperson Douglas ABSTAIN: None Chairperson Douglas asked if there were any corrections or revisions to the minutes of the meeting from October 20, 2010. Planning Commission Minutes December 1, 2010 Page 2 MOTION ACTION: VOTE: AYES: NOES: ABSENT. Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of October 20, 2010. 4-0-3 Commissioner Baker, Commissioner Montgomery, Commissioner Nygaard, and Commissioner Schumacher None Chairperson Douglas, Commissioner Dominguez and Commissioner L'Heureux ABSTAIN: None Chairperson Douglas directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Douglas asked Mr. Neu to introduce the first item. 1. SDP 07-05x1 - GARFIELD STREET APARTMENTS - Request for a three (3) year retroactive extension of a Site Development Plan to demolish an existing single-family residence and detached garage and to allow the construction of a three (3) unit residential apartment complex with a subterranean garage on a 0.14-acre site located at 3622 Garfield Street between Juniper Avenue and Cherry Avenue, in the Mello II Segment of the Local Coastal Program, and Local Facilities Management Zone 1. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to pull Agenda Item 1. Chairperson Douglas asked if any member of the audience wished to address Agenda Item 1. Seeing none, she opened and closed public testimony. MOTION ACTION: VOTE: AYES. NOES: ABSENT: ABSTAIN: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission approve Agenda Item 1. 7-0 Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher None None Chairperson Douglas asked Mr. Neu to introduce the next item. Planning Commission Minutes December 1,2010 Page 3 2. CDP 10-12 - 1099 BUENA VISTA WAY RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a new 3,916 square foot two- story single family residence with an attached two-car and one-car garage and porch on a .23 acre lot located at 1099 Buena Vista Way within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Shelley Glennon would make the Staff presentation. Chairperson Douglas opened the public hearing on Agenda Item 2. Ms. Glennon gave a brief presentation and stated she would be available to answer any questions. Chairperson Douglas asked if there were any questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Martin Volk, 468 Compass Road, Oceanside, stated he would be available to answer any questions. Commissioner Nygaard asked about the rear garage door. Mr. Volk stated that the garage door would be used for access to storage for the rear yard and it would not be used for any access to parking in the rear of the lot. Chairperson Douglas asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Douglas opened and closed public testimony. Chairperson Douglas asked if there were any further questions of Staff. Commissioner Dominguez asked if the secondary unit for this project will be subject to contract under the inclusionary housing law. Mr. Neu stated that as the Commission has discussed proposing a change to the requirement, it has not been considered by the City Council. The unit would be subject to the current regulations in place with the applicant signing an affidavit indicating that the second dwelling unit would be rented at the affordable rate should it be offered as a rental. Mr. Neu further stated that the errata sheet for the project indicates that should the applicant build the new unit within two years from the date the former unit was demolished, the project is exempt from the inclusionary housing impact fee. The second dwelling unit would then be subject to the rules currently in place. Commissioner Dominguez asked what would happen should the rules change. Mr. Neu stated that it would depend on if the new rules make specific provisions for existing second dwelling units. Chairperson Douglas asked if there was a date for when that subject would be heard by the City Council. Mr. Neu stated there was not a set date. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6732 approving Coastal Development Permit CDP 10-12 based upon the findings and subject to the conditions contained therein including the errata sheet. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes December 1,2010 Page 4 Chairperson Douglas closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 3. ZCA 09-02/ZC 09-06/LCPA 09-05/SP 207(I)/SP 144(K) - PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS - A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Zone Change to add and enact Chapter 21.209 - Cannon Road- Agricultural/Open Space (CR-A/OS) Zone and amend Chapters 21.05 - Zone Establishment Boundaries and 21.06 - Qualified Development Overlay (Q) Zone; a Local Coastal Program Amendment to the Agua Hedionda and Mello II Segments of the Local Coastal Program Land Use Plan to ensure consistency between the LCP and the provisions of the new zone; and amend the Carlsbad Ranch Specific Plan - SP 207(1) and Specific Plan 144(K) to incorporate the provisions of the new Zoning Classification. The project affects approximately 244 acres of land generally located north of Palomar Airport Road, along the north and south sides of Cannon Road, east of the I-5 Freeway and west of Faraday Avenue within the northwest quadrant of the City in Local Facilities Management Zone 13. Chairperson Douglas recused herself from the dais due to a conflict of interest. Mr. Neu introduced Agenda Item 3 and stated Community and Economic Development Director Gary Barberio would make the Staff presentation. Vice Chairperson L'Heureux opened the public hearing on Agenda Item 3. Mr. Barberio gave a detailed presentation and stated he would be available to answer any questions. Vice Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Montgomery asked where the secondary allowable uses to encourage agriculture would be in the approval process. Mr. Barberio stated there will be two permit regulations built into this new chapter. First, there is a use permit, which can be an administrative Minor Conditional Use Permit (MCUP) or a regular Conditional Use Permit (CUP), and both of those are for uses. Secondly, there is a Site Development Plan (SDP) which is for the physical construction of a site. The SDP provisions in the new chapter exempt minor instances, i.e. there is a building size threshold to which an SDP can be approved administratively or by the Planning Commission. Commissioner Montgomery asked if the City's regulations regarding architecture, parking and signage, will still be applicable to projects that will be approved administratively. Mr. Barberio stated that most of the uses allowed in the City's open space zone are by use permit. Because there is such diversity in the types of uses, there is not a great deal of development standards built into that chapter; it is achieved through the use permit process. From the final report and as a part of this ordinance, there were recommendations for development standards which were incorporated into this new chapter. There are also the regulations and standards used through a Conditional Use Permit and a Site Development Plan. Commissioner Schumacher stated that prior to his appointment to the Planning Commission, he had previously pursued an interest in the property currently owned by the Charles Companies; however nothing came out of it. Commissioner Schumacher commented about a building in San Marcos on Twin Oaks Valley Road. Commissioner Schumacher stated that the two story office building is placed in the middle of a residential area of ranch homes and it was allowed because the space is used to grow mushrooms. Commissioner Schumacher asked if a similar situation would be allowed with this property with this new zone change, and further asked what would happen to a building if a use, such as the one in San Marcos, goes out of business. Mr. Barberio stated that use would be considered an agricultural use and it would be allowed by right. The structure that the use is housed in, given its size, would need a Site Development Plan to be approved by the Planning Commission, and the Planning Commission would have discretionary decision-making authority in regards to the design of the building. Planning Commission Minutes December 1,2010 Page 5 Commissioner Dominguez asked, with the given example, if the Planning Commission would be the final decision making body or if the Commission would be acting in an advisory capacity to the City Council. Mr. Barberio stated the Commission would be the final authority unless appealed. Mr. Barberio further commented there are development and design standards, intent and purpose language, and the guiding principles which came out of the final report, and there are findings that need to be made regarding compatibility for a site development plan. In regards to a business going out, the structure could then only be used by the allowed uses that are permitted or conditionally permitted per the zone. It could possibly be another agricultural use or even converted to an allowed open space use. Mr. Barberio stated there could be conditions included in a Site Development Plan approval to include some kind of "conversion" language. Commissioner Baker asked about the size of a building that can be permitted without a Site Development Plan. Mr. Barberio explained that the ordinance is broken down into two sections, agricultural and open space. For agricultural uses other than a greenhouse, Mr. Barberio stated the threshold is 2,000 square feet or less, and if it is a greenhouse, the threshold is 10,000 square feet or less. For open space uses, the threshold is 1,000 square feet or less for a structure, and for open structures such as a shade structure the threshold is a cumulative area of 1,000 square feet or less. Commissioner Nygaard asked about the permitted uses in the open space section of the report, specifically private parks. Mr. Barberio stated it would not be an amusement park but it could be perhaps a "pay-to-play" park or a private ball field. Vice Chairperson L'Heureux asked if the Agricultural Mitigation Fee applies to all three parcels or to just the SDG&E parcel. Mr. Barberio stated it applies to all three parcels. Commissioner Montgomery asked about the access roads below Cannon Road and if there is any possibility this project area would be considered for a nine-hole golf course as previously proposed. Mr. Barberio stated there are undercrossings that were put into place when the roads were built, and according to the original Carlsbad Ranch Specific Plan for the two properties on the south side of Cannon Road the primary allowed use, as it existed prior to the passing of Proposition D, was golf. However, through the community outreach process, golf was not one of the uses that made it onto the final list. Vice Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Clif Williams, Latham Watkins, 600 W. Broadway, San Diego, representing the Charles Company, owners of Site 3, requested that cemeteries and professional care facilities be added to the list of allowable uses. Commissioner Nygaard asked if the idea of a cemetery was submitted to the Prop D Committee. Mr. Williams stated no. Ron Halley, RH Properties, 1151 Dove Street Suite 175, Newport Beach, development consultant for the Charles Company, stated that over the past two years they have encountered the difficulty of the viability of agriculture without some sort of ancillary facility. Mr. Halley stated a senior care facility is not a residential facility, it is a commercial facility. He stated he would like to see that use as an option, as well as an option for cemetery, instead of those uses being precluded. Chris Calkins, president of Carltas, 5600 Avenida Encinas #100, Carlsbad, stated his goal is to try to make this work and he is cautiously optimistic for its success. He feels the uses for agricultural have to be different than what one would find in other states. It has to have a mix of the values of agriculture, the activity related to agriculture, along with other things that provide the public access to those uses. Vice Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. Vice Chairperson L'Heureux asked if there were any further questions of Staff. Planning Commission Minutes December 1,2010 Page 6 Vice Chairperson L'Heureux asked if the Commission has the ability to add uses to the list. Ms. Mobaldi stated the Commission can recommend additional uses to the Council. Commissioner Nygaard asked if cemeteries and professional care facilities are considered commercial uses and if commercial uses are prohibited. Mr. Barberio stated professional care facilities are considered a commercial use and Proposition D states "...prohibit commercial and industrial type uses in the area other than those normally associated with farming operations and open space uses." Mr. Barberio stated that in a written response to the Charles Company's request, Staff advised that a professional care facility would not be consistent with Proposition D, and it also was not included in the list of uses that came out of the recommendations from the community outreach process; therefore, Staff could not support that use as a recommendation to the Planning Commission. Commissioner Dominguez asked if a community agricultural garden would be allowed. Mr. Barberio stated yes. Mr. Barberio stated that cemeteries did not make the list from the community outreach process, but in his opinion, were not consistent with Proposition D. Cemeteries are allowed citywide in the open space zones with a Conditional Use Permit. Mr. Barberio commented on the guiding principles of the final report, and the idea of the open space uses were to encourage public uses and to provide public access and community gathering places. He further stated that in some ways cemeteries are consistent with the guiding principles and in some ways it may not be. The Commission could recommend to the City Council that the use be added to list of allowable uses. Mr. Barberio commented that the Charles Company purchased the property just weeks before the election for Proposition D. Prior to Proposition D, the only uses allowed for the property were the proposed nine-hole golf course and agricultural uses. No other open space uses were allowed. Other representatives from the Charles Company did participate in the community outreach process and did attend most, if not all, of the meetings. Mr. Barberio stated that neither the professional care facility use nor the cemetery use was suggested during those meetings. Ms. Mobaldi stated that neither the state nor the federal Fair Housing Acts mandate that the Commission allow professional care facilities in this zone. The Fair Housing Act prohibits disparate treatment of disabled persons. In this particular situation, the City is treating everyone the same in that the City is not allowing professional care facilities, whether deemed commercial or residential, in this particular zone. Professional care facilities are allowed in and provided in other zones in the City including residential zones. Commissioner Nygaard asked if an applicant could move forward with a Conditional Use Permit for a proposed use that was not specifically included in the list. Mr. Barberio stated the list of allowed uses, both primary and secondary for agricultural and for open space, are the only uses that would be allowed. The type of permit that is necessary, whether the use is allowed by right or by use permit, is also specified. If the use is not in the table or the use cannot be found to be substantially similar to a use that is in the table through Planning Director interpretation or Planning Commission interpretation, then the use would not be allowed. A zone code amendment would have to be approved to propose adding a use to the table. Commissioner Dominguez asked if all the guidance is provided for in Tables A, B, and C. Mr. Barberio stated yes. Commissioner Baker asked if uses such as a bed and breakfast which was agriculturally driven, would be allowed as long as there is a nexus to the agriculture. Mr. Barberio stated there was a series of meetings with the Prop D Committee and the community where a very large list was narrowed down to a small list. The list of proposed, permitted uses, by right or by use permit, reflects what the final report recommended. Mr. Barberio stated there is the provision included in the ordinance where if a proposed use is substantially similar to a use that is in the table, the Planning Director can make the interpretation. Mr. Barberio further explained that there are other secondary agricultural uses which require a minor use permit such as other accessory or related uses which promote the continuation of primary permitted agricultural use as determined by the Planning Director. If a use was proposed that is not on the list, Staff Planning Commission Minutes December 1,2010 Page 7 would look at the intent and purpose of the zone and the guiding principles of the zone, and make a determination. DISCUSSION Commissioner Montgomery stated that he understands agriculture by itself will not work alone so there needs to be ancillary uses. He stated he would like to see the list of allowable uses expanded. Commissioner Montgomery further stated he would be supportive of cemeteries being included as an allowed use. He also commented that golf should be an allowed use and that the market should dictate whether or not it is a viable option. Mr. Barberio stated that cemeteries are allowed by use permit in the open space zones elsewhere in the City. In regards to golf, Mr. Barberio stated that topic was thoroughly discussed during the community outreach process and was not included in the final report. Commissioner Schumacher stated he agrees with the comments from Mr. Calkins. In regards to the professional care facility, he agrees with it not being included in the list. Commissioner Schumacher stated he is not in favor of adding any more uses to the list at this time. He also applauded staff for their hard work with this project. Commissioner Baker also thanked staff as well as the community for all the time and work put into this project. She further stated her concurrence with Commissioner Schumacher regarding adding any more uses at this point. Commissioner Dominguez stated staff has done an admirable job with this project. He stated his concurrence with his fellow Commissioners regarding not adding uses. Commissioner Nygaard stated her concurrence with her fellow Commissioners. She also thanked staff for all the work done with the project. Vice Chairperson L'Heureux also stated his agreement with his fellow Commissioners. He further acknowledged staff's hard work with this project and stated that this is not the right time or place to make any changes to the list of allowable uses. MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt adopt Planning Commission Resolution No. 6734 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6735, 6736, 6737, 6738, and 6739 recommending approval of a Zone Code Amendment (ZCA 09-02), Zone Change (ZC 09-06), Local Coastal Program Amendment (LCPA 09-05), Specific Plan Amendments SP 207(1) and SP 144(K) subject to the findings contained herein including the errata sheet dated December 1,2010. VOTE: 6-0-1 AYES: Vice Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: ABSENT: Chairperson Douglas ABSTAIN: Vice Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. Planning Commission Minutes December 1,2010 Page 8 4. PI 10-03 - INFILL DEVELOPMENT REGULATIONS - Consider making a request to the City Council that the Planning Commission and Staff be authorized to prepare recommendations for the creation of regulations for Infill Development. Chairperson Douglas returned to the dais. Mr. Neu introduced Agenda Item 4, gave a brief presentation and stated he would be available to answer any questions. Chairperson Douglas asked if there were any questions. The Commission discussed the issue of Infill Development Regulations and voted to not put forward any requests to City Council. MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission not request authorization from the City Council to prepare recommendations for the creation of regulations for Infill Development and permit the issues to be comprehensively addressed as part of Phase 2 of Envision Carlsbad. VOTE: 7-0 AYES: Chairperson Douglas, Commissioner Baker, Commissioner Dominguez, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Nygaard and Commissioner Schumacher NOES: None ABSENT: None ABSTAIN: None Chairperson Douglas closed the public hearing on Agenda Item 4 and thanked Staff for their presentations. 5. ELECTION OF OFFICERS Commissioner Montgomery nominated Commissioner L'Heureux for the position of Chairperson. By unanimous vote, the Commission elected Commissioner L'Heureux to the position of Chairperson. Commissioner Nygaard nominated Commissioner Schumacher for the position of Vice Chairperson. By unanimous vote, the Commission elected Commissioner Schumacher to the position of Vice Chairperson. COMMISSION COMMENTS The Commission thanked Chairperson Douglas for her time as a Planning Commissioner and congratulated her on her election to City Council. Chairperson Douglas thanked Staff and her fellow Commissioners for four years of wonderful experience as Commissioner. PLANNING DIRECTOR COMMENTS Mr. Neu also thanked Chairperson Douglas for her time on the Planning Commission. Planning Commission Minutes December 1,2010 Page 9 Mr. Neu stated the Housing and Neighborhood Services Department needs a Commissioner to serve on the CDBG Advisory Committee which meets four times per year. Commissioner Nygaard volunteered for the position. CITY ATTORNEY COMMENTS Ms. Mobaldi thanked Chairperson Douglas for her years as a Planning Commissioner. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 1, 2010, was adjourned at 8:04 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk