HomeMy WebLinkAbout2011-05-04; Planning Commission; MinutesPlanning Commission Minutes May 4,2011 Page 1
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:00 p.m.
Date of Meeting: May 4, 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 Black, Dominguez, Nygaard, Schumacher and
Siekmann
Absent: Commissioner Montgomery
STAFF PRESENT
Don Neu, Planning Director
Ron Kemp, Deputy City Attorney
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
Van Lynch, Senior Planner
Dan Halverson, Assistant Planner
Greg Fisher, Assistant Planner
Glen Van Peski, Senior Civil Engineer
APPROVAL OF MINUTES
Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting
from April 6, 2011.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission approve the minutes from the Regular Meeting of April 6, 2011.
VOTE: 5-0-2
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Nygaard, and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: Commissioner Schumacher
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 May 4, 2011 Page 2
PLANNING COMMISSION PUBLIC HEARING
Chairperson L'Heureux asked Mr. Neu to introduce the first item.
1. CUP 96-08(A)x2 - RDO TOWING CONTRACT SERVICES - Request for a retroactive
five year extension of CUP 96-08x1 (A) to allow the continued operation of a vehicle
towing service at 6050 Avenida Encinas in the Mello II Segment of the Local Coastal
Program and in Local Facilities Management Zone 3.
2. GDP 11-02 - TAMARACK NPI RESIDENCE - Request for approval of a Coastal
Development Permit to allow for the construction of a new 3,052 square foot, one-story,
single-family residence with an attached three car garage on a 0.24-acre lot located on
the southwest corner of Tamarack Avenue and Sheridan Place within the Mello II
Segment of the Local Coastal Program and Local Facilities Management Zone 1.
Mr. Neu stated Agenda Items 1 and 2 would normally be heard in a public hearing context; however, the
projects appear 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 Items 1 or 2.
Chairperson L'Heureux asked if any member of the audience wished to address Agenda Items 1 or 2.
Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6772 approving a five year
retroactive extension of CUP 96-08x1 (A) based upon the findings and subject to the
conditions contained therein.
VOTE: 6-0-1
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6775 approving Coastal
Development Permit CDP 11-02 based upon the findings and subject to the
conditions contained therein.
VOTE: 6-0-1
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Agenda Items 1 and 2 and asked Mr. Neu to
introduce the next item.
Planning Commission Minutes May 4,2011 Page 3
3. CDP 10-20 - ALYSSUM ROAD LOT 8 - Request for approval of a Coastal Development
Permit to allow for the construction of a new 2,328 square foot single family residence
with attached three car garage on a 0.28-acre lot located at 964 Alyssum Road, in the
Mello I Segment of the Local Coastal Program and within Local Facilities Management
Zone 4.
Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Greg Fisher would make the Staff
presentation.
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 Nygaard stated that Vista Pacifica HOA submitted a letter requesting that the roof tiles and
exterior paint colors match the colors of the existing homes in the development. However, the colors
submitted for the project by the applicant appear to be different. Mr. Fisher stated that the applicant will
have to comply with the colors as requested by the HOA.
Chairperson L'Heureux asked if there were any further questions of Staff.
Commissioner Siekmann asked what the allowed building height is for this house. Mr. Fisher stated that
the allowed height for this structure is 35 feet, and the proposed structure is 26 feet.
Commissioner Dominguez asked what the average lot size is for the existing lots. Mr. Fisher stated this
subdivision is considered a small lot subdivision with most of the lots ranging in size from 4,000 to 6, 000
square feet.
Commissioner Black asked if the homes are spec homes or if they are already sold. Mr. Fisher deferred
the question to the applicant.
Commissioner Siekmann inquired about the drainage for the property. Glen Van Peski, Senior Civil
Engineer, stated the slopes will drain to the pad and then out to the street which is a typical lot drainage
pattern, and drainage will not be an issue during a heavy rainfall.
Commissioner Schumacher commented on emails received from Mr. Hicks, a neighbor in the subdivision,
and asked if it would be possible to construct this residence to be consistent in appearance to the existing
homes because development standards have changed since the subdivision was originally constructed.
Mr. Fisher deferred the question to the applicant, but did state that as long as the project meets the
underlying zoning standards, the City does not have much discretion as far as the architecture of the
residence.
Commissioner Nygaard asked if there are existing two story homes in the Vista Pacifica development
Mr. Fisher stated there are over 200 homes in the development and approximately 80% are two story
homes.
Chairperson L'Heureux asked if there were further questions of Staff. Seeing none, he asked if the
applicant wished to make a presentation.
Jack Henthorn, Jack Henthorn and Associates, PO Box 237, Carlsbad, gave a brief presentation and
stated he would be available to answer any questions. Mr. Henthorn stated that the homes will be
marketed to the general public, and in regards to the architecture, they made an effort to be consistent
with the existing architecture but at the same time offering an improvement on what was approved 20
years ago.
Chairperson L'Heureux asked if there were any 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 on the item.
Planning Commission Minutes May 4, 2011 Page 4
DISCUSSION
Commissioner Nygaard commented that this proposal is far better than the one previously approved, and
stated she can support the project.
Commissioner Siekmann commented that the project appears to be very appropriate for the lot and for
the neighborhood. She stated she can support the project.
Commissioner Black commented that the proposed design of the project is appropriate for the
neighborhood and stated he can support the project.
Commissioner Dominguez stated he can also support the project.
Commissioner Schumacher stated his concurrence with his fellow Commissioners and stated he can
support the project.
Chairperson L'Heureux stated he can support the project.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6774 approving Coastal
Development Permit CDP 10-20 based upon the findings and subject to the
conditions contained therein and entering into the record the April 28, 2011 letter
from Vista Pacifica HOA to Standard Pacific Homes as well as two emails from Mr.
James Hicks dated September 16, 2010 and January 18, 2011.
VOTE: 6-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the
next item.
4. CDP 10-19 - ALYSSUM ROAD LOT 9 - Request for approval of a Coastal Development
Permit to allow for the construction of a new 2,328 square foot single family residence
with attached three car garage on a 0.15-acre lot located at 957 Alyssum Road, in the
Mello I Segment of the Local Coastal Program and within Local Facilities Management
Zone 4.
Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Greg Fisher would make the Staff
presentation.
Chairperson L'Heureux opened the public hearing on Agenda Item 4.
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 Black asked how the drainage will be mitigated on the left hand side of the lot. Mr. Van
Peski stated that the developer will construct a velocity reducing structure as required. The water will
drain to swales on the lot and then out to the street. Commissioner Black asked if the pipe will be open at
the end or if it will be underground to an underground drainage system. Mr. Van Peski stated it is
currently shown to be above ground.
Planning Commission Minutes May 4, 2011 Page 5
Chairperson L'Heureux asked if the block wall at the rear of property is on the property line. Mr. Fisher
stated the property line goes to the top of the slope and the block wall is on Bay Collection property. Mr.
Van Peski stated that it appears there is an HOA lot between this property and the one above it.
Chairperson L'Heureux asked if there will be a fence installed to distinguish the HOA lot. Mr. Fisher
stated that a fence is not proposed in the plans.
Commissioner Dominguez asked how large the collection area is for the drainage as he is concerned that
the velocity may be more than a heavy rain storm can handle for the property. Commissioner Dominguez
further asked if the collection area is impervious or if it will be a landscaped area. Mr. Van Peski stated
he was not sure of the size of the collection area and stated that most of the tributary area is landscaped
slope which will help reduce the amount of run-off. Commissioner Dominguez asked if the existing crib
wall has the appropriate drainage. Mr. Van Peski stated the existing wall was built to City standards.
Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the
applicant wished to make a presentation.
Jack Henthorn, Jack Henthorn and Associates, PO Box 237, Carlsbad, representing Standard Pacific,
gave a brief presentation and stated he would be available to answer any questions.
Chairperson L'Heureux asked for clarification regarding the area of landscaping between the block wall
and the drainage ditch. Mr. Henthorn stated the landscaping is part of an HOA lot with the adjacent
subdivision. This property's property line is above the crib wall. Chairperson L'Heureux asked if there will
be a fence installed along that property line to delineate this lot from the Bay Collection HOA lot. Mr.
Henthorn stated there will be a wrought iron fence or some type of view fence installed.
Commissioner Siekmann asked why these two lots were left empty. Mr. Henthorn stated a street was
originally proposed for those two lots.
Commissioner Black inquired about the drainage for the lot and asked if there is any mitigation proposed.
Mr. Henthorn stated there is a swale and there will be adequate energy dissipation and treatment for the
water as part of the storm water treatment program.
Commissioner Siekmann asked about the sturdiness of the wall. Mr. Van Peski stated there has not
been a field review of the wall but it was built with permits to City Standards. Commissioner Siekmann
asked who is responsible for maintaining the wall. Mr. Van Peski stated it will be the responsibility of the
homeowner as it will be entirely within the lot.
Chairperson L'Heureux asked if there were any 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 on the item.
MOTION
ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning
Commission adopt Planning Commission Resolution No. 6773 approving Coastal
Development Permit CDP 10-19 based upon the findings and subject to the
conditions contained therein and entering into the record the April 28, 2011 letter
from Vista Pacifica HOA to Standard Pacific Homes as well as two emails from Mr.
James Hicks dated September 16, 2010 and January 18, 2011.
VOTE: 6-0
AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez,
Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
Planning Commission Minutes May 4, 2011 Page 6
Chairperson L'Heureux closed the public hearing on Agenda Item 4 and thanked Staff for their
presentations.
COMMISSION COMMENTS
None.
PLANNING DIRECTOR COMMENTS
Mr. Neu commented that on May 17, 2011, the City Council will hold a workshop and one item they will
discuss is the issue regarding rent restrictions on Second Dwelling Units. The workshop will start at 11:00
and will be held at the Faraday Center.
Mr. Neu commented that on May 10, 2011, the City Council will appoint 2 new Planning Commission
members.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of May 4, 2011, was adjourned at
6:47 p.m.
DON NEU
Planning Director
Bridget Desmarais
Minutes Clerk