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HomeMy WebLinkAbout2011-10-05; Planning Commission; MinutesPlanning Commission Minutes October 5,2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: October 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 Commissioner Schumacher 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 Chris Garcia, Junior Planner Dan Halverson, Assistant Planner Greg Fisher, Assistant Planner Pam Drew, Associate Planner Glen Van Peski, Engineering Manager Terry Smith, Senior Civil Engineer 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 PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. CUP 03-06x1 (A) - TAMARACK AT&T WIRELESS - Request for an amendment to Conditional Use Permit No. CUP 03-06x1 to allow the addition of six (6) panel antennas and two (2) new equipment cabinets to an existing unmanned Wireless Communications Facility consisting of a 250 square foot equipment shelter and six (6) panel antennas mounted on a 34 foot tall mono-palm structure located at 4901 El Camino Real in the R- A-10,000 and C-2-Q/C-2 Zones and in Local Facilities Management Zone 1. 2. CDP 11-11 - GUGLIELMO HOME - Request for the approval of a Coastal Development Permit to allow for the construction of a new 2,924 square foot, two-story, single-family residence with attached two car garage on an undeveloped 0.14 acre lot located at 160 Juniper Avenue, within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. Planning Commission Minutes October 5,2011 Page 2 3. CDP 11-15 - BARELMANN JUNIPER RESIDENCE - Request for approval of a Coastal Development Permit to allow for the demolition of a four-car garage structure and to allow the construction of a new 2,938 square foot, two-story single-family residence with an attached one car garage and a detached one car garage and bonus room on a 0.14-acre lot located at 150 Juniper Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Mr. Neu stated Agenda Items 1, 2, and 3 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, 2, or 3. Chairperson L'Heureux asked if any member of the audience wished to address Agenda Items 1, 2, or 3. Seeing none, he opened and closed public testimony. ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve Agenda Items 1, 2, and 3. 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 Items 1, 2, and 3 and asked Mr. Neu to introduce the next item. 4. SDP 11-03/CDP 10-15/V 11-02 - 3015 OCEAN STREET ADDITION - Request for approval of a Site Development Plan, Coastal Development Permit, and a Variance to allow for the remodel of an existing two-unit residential apartment building on a .33 acre ocean front site located at 3015 Ocean Street within the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. 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. Seeing none, he asked if the applicant wished to make a presentation. Paul Longton, architect 2909 Mesa Drive, Oceanside, stated he would be available to answer any questions. 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. Frank Rose, 309 Ocean Street, Carlsbad, stated he is concerned that this project will result in an increase in the number of units on the property. If there are more units, it will affect the parking on the street particularly during the summer. Mr. Longton stated the building is now currently a duplex and is there no intention to make the building more than a duplex. Planning Commission Minutes October 5, 2011 Page 3 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 on the item. Commissioner Nygaard asked for clarification regarding light on the south side of the building. Mr. Fisher stated the project conforms to the side yard setback requirements. Chairperson L'Heureux inquired about rules regarding vacation rentals. Jane Mobaldi, Assistant City Attorney, stated the City's municipal code does not currently address that issue; however, City Council has directed staff to research vacation rentals. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6812, 6813, and 6814 approving Site Development Plan (SDP 11-03), Coastal Development Permit (CDP 10-15), and Variance (V 11-02), based upon the findings and subject to the conditions contained therein. 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 4 and asked Mr. Neu to introduce the next item. 5. V 11-03 - HARDING STREET - A request for approval of a Variance from the resident parking standard of the Planned Development Ordinance to allow an existing two car tandem garage (12' x 40' dimension) rather than the required two car parallel space garage (minimum 20' x 20' dimension) to satisfy the resident parking requirement for a one family dwelling within a proposed four unit small lot single family residential planned development project on a .41 acre R-3 zoned lot located at 3430-A Harding Street in Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 5 and stated Assistant Planner Greg Fisher would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 5. 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 Schumacher asked about fire access. Glen Van Peski, Engineering Manager - Land Development Engineering, stated the project will be conditioned to provide fire access lanes to the satisfaction of the fire department. Commissioner Black asked about the minor subdivision improvements. Mr. Fisher stated that portion of the project is not within the Commission's purview for tonight's meeting. Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Dave Jacinto, 219 Meadow Vista Way, Encinitas, gave a brief presentation and stated he would be available to answer any questions. Planning Commission Minutes October 5, 2011 Page 4 Commissioner Arnold asked if there are any drawings showing the minor subdivision improvements. Mr. Jacinto stated no. 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. 6810 approving Variance V 11-03 based upon the findings and subject to the conditions contained therein. 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 5 and asked Mr. Neu to introduce the next item. 6. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Special Use Permit (Floodplain). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. Mr. Neu introduced Agenda Item 6 and stated Associate Planner Pam Drew would make the Staff presentation assisted by Senior Civil Engineer Terry Smith. Chairperson L'Heureux opened the public hearing on Agenda Item 6. Ms. Drew gave a detailed presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Ivan Mendelson, Laguna Niguel, general manager of Toyota Carlsbad, stated he is concerned regarding the closure of Avenida Encinas. George Piantka, Fleet Street, Carlsbad, Environmental Business Director for NRG, speaking on behalf of Cabrillo Power, LLC, expressed five concerns: the city has not provided an adequate design for a heavy Planning Commission Minutes October 5,2011 Page 5 haul route; the Precise Development Plan (POP) and Specific Plan (SP) do not contemplate a recycled water line; the proposed replacement bridge creates security concerns for the power plant; the proposed replacement of 12 eucalyptus trees; and finally, construction of the lift station project should ensure that BMPs are employed. 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. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Arnold asked for clarification regarding the access road. Ms. Drew stated the City has meet with NRG representatives, including Mr. Piantka, about his concerns with maintaining security when the pipe support bridge is constructed. Ms. Drew stated the landscape plans show an 8 foot high security fence and gate on the south side of the bridge, and only the lift station maintenance personnel will have access through the locked gate. Primary access to the sewer lift station will continue to go through the guard shack on Carlsbad Boulevard, and the pipe support bridge would be accessed mainly on an emergency basis. Commissioner Black asked about future plans for the coastal rail trail and the gate. Ms. Drew stated the bridge could accommodate the coastal rail trail sometime in the future; however, the ultimate design of the coastal rail trail through this area has not even been contemplated. Commissioner Siekmann asked for clarification regarding the comments raised by Mr. Piantka. Ms. Drew stated the POP and SP both state water lines will be used but the documents do not clarify the type of water lines. In regards to the 12 trees, those are being mitigated. Mr. Smith stated that in regards to the BMPs for the project, the City has complied with all current stormwater standards for BMPs. The city will continue to work with NRG regarding any safety and security issues. Commissioner Schumacher asked about the construction schedule and the closure of Avenida Encinas. Mr. Smith stated the city will coordinate construction activities with NRG and SDG&E so as to lessen any impacts. In regards to the area south of Palomar Airport Road, Mr. Smith stated the construction will be done using microtunneling. The 12-inch recycled water line will be the only potential area for traffic issues. Mr. Smith further stated that the City will meet with the business owners prior to construction. Chairperson L'Heureux asked about the timing for the recycled water line trenching. Mr. Smith stated that portion of the project could last 3 to 4 weeks. DISCUSSION Commissioner Nygaard thanked Staff for their hard work and careful examination of all the issues regarding this project. She stated there is an absolute need for this project and stated her support. Commissioner Siekmann stated her concurrence with Commissioner Nygaard. She also stated her support of the project. Commissioner Arnold stated his agreement with his fellow Commissioners and also stated his support of the project. Commissioner Black also thanked Staff for their hard work and stated he can support the project. Commissioner Scully agreed with her fellow Commissioners and stated she can support the project. Commissioner Schumacher commented that he is satisfied that the concerns have been addressed and stated he can support the project. Chairperson L'Heureux stated his concurrence with his fellow Commissioners and stated he too can support the project. Planning Commission Minutes October 5, 2011 Page6 MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission 1) adopt Planning Commission Resolution No. 6816 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) adopt Planning Commission Resolutions No. 6817, 6818, 6819, 6821 and 6823 recommending approval of Precise Development Plan Amendment (POP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6820 and 6822 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. 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 6 and asked Mr. Neu to introduce the next item. 7. SELECTION OF A PLANNING COMMISSIONER TO SERVE ON THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZEN'S AD HOC ADVISORY COMMITTEE Mr. Neu introduced Agenda Item 7 and asked if there is a Commissioner who would like to volunteer to serve on the Agricultural Conversion Mitigation Fee Citizen's Ad Hoc Advisory Committee. Commissioner Schumacher volunteered. Chairperson L'Heureux thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS Ms. Mobaldi handed out a Superior Court minute order ruling regarding Friends of Aviara vs. City of Carlsbad ruling on the petitioner's request for attorneys' fees and costs. She also handed out wording for a maintenance condition included in a recently approved project. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of October 5, 2011, was adjourned at 7/30 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk