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HomeMy WebLinkAbout2011-01-05; Planning Commission; MinutesPlanning Commission Minutes January 5, 2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: January 5, 2011 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson L'Heureux called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairperson L'Heureux led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, and Schumacher Absent: Commissioner Nygaard STAFF PRESENT: Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Shelley Glennon, Assistant Planner Greg Fisher, Assistant Planner Glen Van Peski, Senior Civil Engineer Austin Silva, Assistant Planner Debbie Fountain, Housing and Neighborhood Services Director APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from December 1, 2010. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of December 1, 2010. VOTE: 5-0-1 AYES: Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, and Commissioner Schumacher NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson L'Heureux 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 Minutes January 5, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. RP 10-34 - CAFE TOPES - Request for approval of a shared parking/lease agreement between the business owners of Cafe Topes (3091 Roosevelt Street) and the property owners of 3067 Roosevelt Street (New York Pizzeria). Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Austin Silva would make the Staff presentation. Chairperson L'Heureux asked if the applicant wished to continue with only 5 Commissioners present. The applicant stated yes. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Montgomery asked how the shared parking agreement will work. Mr. Silva stated there will be operating hour restrictions for both restaurants, with Cafe Topes being open for breakfast and lunch until 2:00 p.m., and New York Pizzeria will be open for dinner starting at 2:00 p.m. Chairperson L'Heureux asked if the applicant wished to make a presentation. Seeing none, Chairperson asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. Commissioner Baker applauded both restaurant owners for coming to an agreement that served not only both restaurants but the community as well. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6752 approving a shared parking agreement to satisfy the parking requirements to allow for the conversion of retail space to restaurant within the Village area. VOTE: 5-0-1 AYES: Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, and Commissioner Schumacher NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. CUP 10-09 - CHRISTIAN CITY CHURCH - Request for a Conditional Use Permit to allow Christian City Church to operate and hold worship services in an existing 11,080 square foot vacant office/industrial building (building "I") on property located at 2716 Gateway Road within the Bressi Ranch Master Plan, Planned Industrial (P-M) Zone, in Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Shelley Glennon would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Planning Commission Minutes January 5, 2011 Page 3 Chairperson L'Heureux asked if the applicant wished to continue with only 5 Commissioners present. The applicant stated yes. Ms. Glennon gave a brief presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Baker inquired about signs for the project. Ms. Glennon stated that any signs for the project would be subject to the sign ordinance and would be approved administratively through a sign permit application. Commissioner Baker asked if the signs would be visible from Gateway Road. Ms. Glennon stated each building is allowed wall signs. Commissioner Dominguez asked if there will be any monument signs. Ms. Glennon stated the site is subject to the City's sign ordinance for monument signs. Commissioner Dominguez asked if the Planning Commission would approve any request which is above what is allowed by the sign ordinance. Mr. Neu stated that if the request is something that is above and beyond what is allowed by the sign ordinance, there is the ability for an administrative approval for a small increase. Anything beyond that amount would come before the Planning Commission for approval. Commissioner Dominguez asked if any additional parking agreements have been negotiated as of yet for this site. Ms. Glennon stated a Joint Parking Agreement will be finalized and signed after this approval. Commissioner Schumacher asked if the original plan will be changed to reflect the removal of the four parking stalls. Ms. Glennon stated yes and the applicant will need to apply for and receive approval of a Consistency Determination for the Planned Industrial Permit to be revised to remove the four parking stalls. Once approved, that will replace the original approval. Chairperson L'Heureux asked if there were any other questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Mike Howes, Howes Weiler Associates, 5827 Balfour Court Suite 202, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Jurgen Matthesius, 7617 Mona Lane, San Diego, pastor for Christian City Church, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked Mr. Howes about the existing swale at the front of the building. Mr. Howes stated there will be a guardrail placed around the swale. Chairperson L'Heureux asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6747 approving Conditional Use Permit No. CUP 10-09 for a period of 10 years based on the findings and subject to the conditions contained therein. VOTE: 5-0-1 AYES: Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, and Commissioner Schumacher NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. Planning Commission Minutes January 5, 2011 Page 4 3. CT 10-01/GDP 10-11/PUD 10-03 - SEABREEZE VILLAS - Request for approval of a Tentative Tract Map, Coastal Development Permit, and Planned Development Permit to demolish a single family dwelling and accessory structures and develop a twelve unit multi-family residential air-space condominium project on a .70-acre infill site generally located on the south side of Tamarack Avenue between Garfield Street and Hibiscus Circle, just west of the San Diego Northern Railway right-of-way within the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Greg Fisher would make the Staff presentation assisted by Senior Civil Engineer Glen Van Peski. Chairperson L'Heureux asked if the applicant wished to continue with only 5 Commissioners present. The applicant stated yes. Chairperson L'Heureux opened the public hearing on Agenda Item 3. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Baker asked if there were previous project approvals for this site. Mr. Fisher stated yes. Commissioner Baker asked if there are requirements for further noise standards for those units facing the tracks. Mr. Fisher stated the project has been conditioned for that, and through the building permit process, the project will need to comply with certain interior noise standards. Commissioner Baker commented that the landscape plans show plants that seem to be more water intensive plants and inquired about the use of more drought tolerant plants for the landscape plans. Mr. Fisher stated the landscape plans will have to be reviewed by the City's Landscape Architect and will have to adhere to the City's Landscape Manual. Mr. Neu stated that the state passed legislation for cities and counties to adopt a Model Water Efficient Landscape Ordinance. The main point in the ordinance is that each project is given a water budget to work within. When the construction drawings are developed for this project, the City's Landscape Architect will work with the developer to stay within the water use budget. Commissioner Montgomery asked if there is reclaimed water in Tamarack Avenue. Mr. Van Peski stated he was not sure. Commissioner Dominguez asked if the wall on the eastern flank of the project will attenuate the noise. Mr. Fisher stated yes. There is an acoustical study for the project which shows what the noise levels should be and that the wall will help mitigate any extra noise. Commissioner Dominguez asked if any additional landscaping would help mitigate the noise attenuation along the project perimeter. Mr. Fisher stated it is possible but the rear part of the project is for private patio areas. Commissioner Dominguez asked why the project was designed for individual trash receptacles for each unit instead of a collective trash area for the project. Mr. Fisher stated that the project was purposefully designed to not have a collective trash area. The project is below the Growth Control Point, and the project complies with all the applicable standards. It is very difficult to fit everything within the project and comply with the density range. Accommodating a common trash enclosure would take up valuable space. The developer is also trying to keep the home owner's association fees to a minimum. Commissioner Dominguez stated it is the cumulative impact of the individual trash receptacles in the beach area that is of concern to him. Commissioner Schumacher inquired about traffic entering the site from westbound Tamarack Avenue and if there would be enough room for cars to queue before the train tracks. Mr. Van Peski stated Staff did review the number of ADT generated from this project. The main concern is for the afternoon peak and people returning to the site. Statistically speaking, Staff does not anticipate having more than 2-3 cars stack up in the turn lane during the afternoon peak 15 minutes so it is unlikely there would be more than 2 cars stacked to make a left turn at any given point in time. Planning Commission Minutes January 5, 2011 Page 5 Chairperson L'Heureux asked if there were any further questions of Staff. Seeing, he asked if the applicant wished to make a presentation. Tony Sfreddo, 32 Sylvan, Irvine, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Commissioner Montgomery asked about the small community area between buildings B and C. Mr. Sfreddo stated it will be a small grassy area. The larger community area will have things such as picnic tables and benches. Commissioner Dominguez asked about noise attenuation for the project. Mr. Sfreddo stated the project will be conditioned to meet conditions for noise attenuation and there will be an additional noise study submitted during construction which is also required. Chairperson L'Heureux asked about additional building features that will minimize the vibrations caused from the trains. Mr. Sfreddo stated there are conditions to mitigate the vibrations on the flooring of all the bottom floors of each unit. Chairperson L'Heureux stated most of the vibrations will be noticeable on the second floor. Mr. Sfreddo stated that according to the vibration study, the vibrations are relegated to the first floor and do not transfer to the second floor. The building will be constructed with materials to meet current codes. Chairperson L'Heureux asked about the perimeter wall, potential graffiti and if the HOA will be responsible for maintaining the wall and be required to remove the graffiti. Chairperson L'Heureux suggested that a condition be added to the CC&Rs that the wall be maintained by the HOA. Mr. Sfreddo stated he would be happy to add that to the CC&Rs. Chairperson L'Heureux asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public testimony. DISCUSSION Commissioner Dominguez asked if the Commission could add a requirement to add a coating to the wall to resist graffiti. Mr. Neu stated past projects have had a condition placed on them to apply a coating to make the removal of graffiti easier. Mr. Neu stated he feels the condition can be added to this project as well. If in the future the city were to start receiving complaints, city maintenance staff can go out to the site to remove the graffiti. Commissioner Schumacher asked if the city has a policy about removing graffiti within a certain amount of time. Mr. Neu stated he was not sure. The city does have a graffiti hotline for reporting any graffiti but he is not sure on the timing of the removal. Ms. Mobaldi suggested that the applicant have a chance to address the issue. Mr. Sfreddo asked what the graffiti hotline is for. Chairperson L'Heureux stated it is used as a reporting mechanism. Chairperson L'Heureux asked Mr. Sfreddo if he would have any objection to an added condition for a coating to be placed on the wall for the resistance and removal of graffiti. Mr. Sfreddo stated it would limit the type of block he would use for constructing the wall. Commissioner Schumacher asked if it would be appropriate to add a condition that if graffiti was not removed within a specific timeframe, the City could charge the HOA for the removal. Mr. Van Peski stated that absent any special program, the issue would fall under a code enforcement action. Commissioner Dominguez stated the idea for the additional condition is to have the property owners responsible for the graffiti removal and to not further burden the taxpayer. Commissioner Montgomery suggested leaving the issue up to the discretion of the Planning Director. Commissioner Dominguez commented that it would be beneficial for the Commission to know what ordinances or policies the City currently has in regards to the removal of graffiti. Ms. Mobaldi commented that in a quick review of the municipal code she could not find any reference to graffiti, but she can Planning Commission Minutes January 5, 2011 Page 6 research it further. She stated that she believes the graffiti hotline is mainly for the removal of graffiti on public property. Chairperson L'Heureux stated that the concern is if there is no enforcement mechanism once the HOA is notified of any graffiti. Ms. Mobaldi stated it would have to get to the point where it is a nuisance. She further stated that while she cannot find any reference in the municipal code, there may be a City policy but she would need to research that. Chairperson L'Heureux asked if the Commission can add a condition that would require the CC&Rs to require the HOA to remove the graffiti within a specific amount of time. Ms. Mobaldi stated yes. Mr. Sfreddo stated he did not have a concern about adding a condition to the CC&Rs for graffiti removal. Commissioner Baker stated the most prudent solution would be to condition the CC&Rs so that the HOA has 5 days to remove the graffiti. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6740, 6741 and 6742 approving a Tentative Tract Map (CT 10-01), Coastal Development Permit (CDP 10- 11), and Planned Development Permit (PUD 10-03), based upon the findings and subject to the conditions contained therein including the additional condition in the CC&Rs having the HOA responsible for graffiti removal over the entire property within 5 days. VOTE: 5-0-1 AYES: Chairperson L'Heureux, Commissioner Baker, Commissioner Dominguez, Commissioner Montgomery, and Commissioner Schumacher NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 3 and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of January 5, 2011, was adjourned at 7:04 p.m.ax. DON NEU Planning Director Bridget Desmarais Minutes Clerk