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HomeMy WebLinkAbout2011-09-21; Planning Commission; MinutesPlanning Commission Minutes September 21, 2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: September 21, 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 Commissioner Arnold led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann Absent: None STAFF PRESENT Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Pam Drew, Associate Planner Christer Westman, Senior Planner Glenn Pruim, Utilities Director Glen Van Peski, Engineering Manager Sherri Howard, Associate Engineer APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from September 7, 2011. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of September 7, 2011. VOTE: 6-0-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann NOES: None ABSENT. None ABSTAIN: Commissioner Nygaard 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 September 21, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. SUP 11-01- BRISTOL COVE SEDIMENT REMOVAL - Request for approval of a Floodplain Special Use Permit to allow the maintenance dredging of approximately 25 cubic yards of sediment and installing additional rip-rap shoreline protection located at the northern end of the Bristol Cove boat channel south of the intersection of Park Drive and Cove Drive in the Coastal Zone and Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Ms. Drew 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. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Terry Gibbs, representing the law office of Warden Williams who represent the Bristol Cove Homeowners Association, stated a letter was submitted to the Planning Commission dated August 19, 2011, and further stated that while the letter states the association believes the project is appropriate and necessary, they feel an expanded sediment removal would be best for the area. Commissioner Black asked if the marina has ever been dredged. Mr. Gibbs stated it was done privately over 15 years ago. Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux closed public testimony on the item. DISCUSSION Commissioner Nygaard stated her support of the project. Commissioner Siekmann thanked Staff for a job well done and stated her support of the project. Commissioner Arnold stated he also supports the project. Commissioner Black stated his support of the project. Commissioner Scully stated her concurrence with her fellow Commissioners and can support the project. Commissioner Schumacher also stated his support of the project. Chairperson L'Heureux thanked Staff and stated his support of the project. He also acknowledged receipt of a letter dated September 21, 2011 from Hetherington Engineering. Planning Commission Minutes September 21, 2011 Page 3 MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6802 approving a Special Use Permit (SUP 11-01) based upon the findings and subject to the conditions contained therein including for the record a letter dated September 21, 2011 from Hetherington Engineering. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. SDP 06-12(A) - TAVARUA SENIOR APARTMENTS - Request for a determination that the project is within the scope of a previously certified Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a Site Development Plan Amendment SDP 06-12(A) to demolish an existing 35-bed assisted care facility and change a 50-unit senior citizen residential condominium development to a 50-unit (49 income restricted senior citizen apartments and one manager's apartment) senior citizen residential rental development as well as architectural changes and development standards modifications on property located on the southeast corner of Palm Avenue and Harding Street in Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Christer Westman would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Jane Mobaldi, Assistant City Attorney, commented that Condition No. 1 of Resolution No. 6808 states that, if approved, the resolution will supersede the previous approvals and therefore those previous approvals will be rescinded and rendered null and void. Commissioners Nygaard and Siekmann stated they had contact with Mr. Zettner when visiting the property. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Black asked how close the city is to achieving the allotted affordable units. Mr. Neu stated that in the category of very low income, the city has built to date 10% of the allotment. In the low income category, the city is 56% of the allotment, and at the moderate level, the city is just shy of 23% of the allotment. Commissioner Nygaard asked about underground parking versus at-grade parking for this proposal. Chairperson L'Heureux deferred the question to the applicant. Commissioner Scully inquired about parking for the units. Mr. Westman stated each unit is allotted one parking space and additional cars would be parked on the street. The assumption, based on the information provided, is that lower income seniors tend to only have one vehicle and the likelihood is low that they will have two vehicles. Commissioner Scully asked if overnight parking is allowed on the street. Mr. Westman stated he was not sure. Planning Commission Minutes September 21, 2011 Page 4 Commissioner Arnold asked if there was any middle ground regarding the zoning. Mr. Westman deferred the question to the applicant. Commissioner Arnold asked if this proposal would set precedence with parking. Mr. Westman stated there are other projects, such as Tyler Court senior apartments, that have reduced parking. Commissioner Arnold inquired as to why so many variances for parking have been granted in an area so impacted. Mr. Westman stated that one space per unit is being driven by having all the parking spaces on site. Based on studies and examples of similar projects, staff feels that even with the reduction in parking it is not expected that there will be a lack of parking on this site for the residents and for guests. Commissioner Siekmann asked for clarification regarding the setbacks from Interstate 5. Mr. Westman stated that based on the site plan, the building will be setback 10 feet from the freeway right-of-way. City staff has been in contact with CalTrans staff regarding the upcoming widening of the freeway. Glen Van Peski, Engineering Manager, stated that it is important to note that there has not been a final decision yet as to the future design of the freeway. Commissioner Siekmann further asked what type of wall will be installed once the freeway is expanded. Mr. Van Peski stated that this area has been identified by CalTrans as having a sound wall installed however the location of that wall will depend on the ultimate configuration of the freeway expansion. Commissioner Schumacher asked if there is a sunset period for the income restrictions. Mr. Westman stated it is 55 years. Commissioner Schumacher asked if those units can be counted towards the Regional Housing Needs Assessment (RHNA) knowing that those income restrictions will expire in the future. Mr. Neu stated the units do get counted today and with future Housing Elements there will be analysis of units that are at risk from being lost from the housing stock as rent restricted. Commissioner Nygaard inquired about the long term maintenance of the building and how well it will be kept up. Mr. Westman stated that at this time, there is a standard condition regarding landscaping being maintained. Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Chris Maffris, representing Meta Housing Corporation, gave a brief presentation and stated he would be available to answer any questions. Ms. Mobaldi clarified that Condition No. 15 of Planning Commission Resolution No. 6808 should reflect 55 years instead of 45 years. Commissioner Nygaard asked if the applicant has a Deed of Trust already with the City of Carlsbad. Mr. Maffris stated not yet. Commissioner Nygaard asked if the applicant would be agreeable to adding a condition regarding maintenance and upkeep of the building. Mr. Maffris stated yes. Commissioner Nygaard asked for clarification regarding grade level parking and underground parking. Mr. Maffris stated that they had originally hoped to move forward with some of the previously approved designs; however it was suggested that they redesign the project. Commissioner Siekmann asked about freeway noise from the freeway, and if the requirement for the noise level is for when the windows are open or closed. Mr. Maffris stated the noise requirement is for when the windows are closed. Commissioner Arnold asked if there was any thought about acquiring more land surrounding the property. Mr. Maffris stated it all comes at a cost. Commissioner Arnold asked about concerns with the freeway widening. Mr. Maffris stated that there is a small possibility that they will lose a couple of feet with the largest expansion but everything is still very preliminary. Commissioner Black asked about LEED Certification for the project. Mr. Maffris stated they are trying for Green Communities Certification which is less costly than a LEED Certification. Mr. Maffris stated the project could qualify for LEED Silver certification based on what is included in the project now. Commissioner Black stated he is concerned with the east elevation and the lack of light. He asked if there is any way to mitigate for the lack of light those units will receive. Mr. Maffris stated there is very Planning Commission Minutes September 21, 2011 Page 5 little that can be done at this point because it depends on the final design of the freeway expansion; however there is quite a bit of community space on the site. Commissioner Schumacher asked the applicant if they have thought about the future construction of the freeway and how that will impact the residents particularly on the eastern side of the building. Mr. Maffris stated that there will be another location in San Clemente that could possibly be used to relocate tenants to if necessary. Chairperson L'Heureux asked about electric vehicles and charging stations on the property. Mr. Maffris stated he is agreeable to that concept. Chairperson L'Heureux asked about solar panels. Mr. Maffris stated their team is looking into that and is willing to explore the options. Commissioner Scully asked about how many units are one bedroom units and how many are two bedroom units. Mr. Maffris stated there will be 40 one bedrooms, and 10 two bedrooms. Brian Kent, 1167 West 14th Street, Upland, Construction Manager for Meta Housing, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. William Zettner, 944 Palm Avenue, Carlsbad, stated this project is a stab in the heart of what the City has tried to do over the years. 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. DISCUSSION The Commission discussed at length issues concerning the size and mass of the building, the noise from the freeway, setback reduction, future plans for the I-5 corridor expansion including the height and location of the soundwall, parking, and long term maintenance of the building, The Commission requested the following conditions be added to Resolution No. 6808: Long term exterior maintenance of the building (painted, clean, rust free, etc) for 55 years, additional landscaping in the setback area on the eastern side of the building, written notification and frequently updated applicable renderings to be posted and available onsite, modification to interior noise level to all of the units to 45 dBA CNEL, 55 year term for affordable housing, and the exterior color to be more compatible with surrounding neighborhood in order to diminish the prominence of building to the satisfaction of the Planning Director. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve Planning Commission Resolution No. 6808 approving Site Development Plan Amendment SDP 06-12(A) based on the findings and subject to the conditions contained therein including the 6 additional conditions. VOTE: 5-2 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Schumacher, and Commissioner Siekmann NOES: Commissioners Nygaard and Scully ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 2 and thanked Staff for their presentations. Planning Commission Minutes September 21,2011 Page 6 COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of September 21, 2011, was adjourned at 9:00 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk