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HomeMy WebLinkAbout2011-10-19; Planning Commission; MinutesPlanning Commission Minutes October 19, 2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: October 19, 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 Siekmann 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 Corey Funk, Associate Planner Shannon Werneke, Associate Planner Jeremy Riddle, Associate Engineer Glen Van Peski, Engineering Manager APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from September 19, 2011. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of September 19, 2011. 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 asked if there were any corrections or revisions to the minutes of the meeting from Octobers, 2011. Planning Commission Minutes October 19, 2011 Page 2 MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of October 5, 2011. 7-0VOTE: AYES: NOES: ABSENT: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann None None 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 PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. ZCA 11-04/LCPA 11-05 - SOU RENT RESTRICTIONS - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the second dwelling unit rent restrictions located within Chapter 21.10 of the Zoning Ordinance. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Funk 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 there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux closed public testimony on the item. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6836 and 6837 recommending approval of ZCA 11-04 and LCPA 11-05 based on the findings 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 Planning Commission Minutes October 19,2011 Page 3 Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. EIR 09-01/GPA 09-02/ZC 09-02/LFMP 15(E)/RMHP 96-01(D)/CUP 09-02/SDP 09- 02/HDP 09-02/HMP 09-02/SUP 09-02 - DOS COLINAS - Request for a recommendation of certification of the Refined No Affordable Housing Site Alternative of a Final Environmental Impact Report, including the Candidate Findings of Fact and a recommendation of adoption of a Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Facilities Management Plan Amendment, and Residential Mobile Home Park Permit Amendment; and a request for approval of a Conditional Use Permit, Site Development Plan, Hillside Development Permit, Habitat Management Plan Permit and Special Use Permit for the development of a 305-unit continuing care retirement community for seniors, including 58 cottages, 166 independent living units, 20 of which will be restricted as affordable units, a 81-room/95-bed assisted living/congregate care facility, and the relocation of the Rancho Carlsbad Estates recreational vehicle storage and garden area (from APN 168-050-36 to APN 209-060-70) on a 46-acre property generally located north of Sunny Creek Road, south of Cannon Road, east of El Camino Real, and west of the future extension of College Boulevard Reach "A," in Local Facilities Management Zone 15. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the Staff presentation assisted by Associate Engineer Jeremy Riddle. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Ms. Werneke 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. Commissioner Siekmann asked about the floodplain issues particularly the basins ability to handle small storms. Jeremy Riddle, Associate Engineer, stated that the small storms referenced in the staff report reflect hydromodification requirements. Staff is now having to look at smaller storms which are not as intense but happen more frequently than 100-year storm events. Mr. Riddle stated that developments like this are having to install facilities such as basins and other features that actually slow water down and allow more surcharge to occur, keeping the water onsite so that during the small storm events the increases are not felt downstream. Commissioner Nygaard asked if the affordable housing options would be solved prior to any construction of the project. Ms. Werneke stated the project is conditioned to address that and the developer is also required to record the affordable housing agreement prior to recordation of the final map. Commissioner Nygaard asked if the affordable housing will be located within the northeast quadrant if the offsite option is selected. Ms. Werneke stated that was correct. Commissioner Scully asked about erosion in the area specifically the areas along the slopes and the creeks. Mr. Riddle stated the Agua Hedionda channel itself is highly erosive in nature. The sidebanks such as the overflows on this project are not subject to erosion because the water surface does not go up that high that frequently. Chairperson L'Heureux asked about the timing of the affordable housing construction. Ms. Werneke stated that are 2 phases of development for this project. The first phase involves the creation of the RV storage area. The second phase is when the affordable housing requirement would need to be satisfied. Ms. Werneke stated there is a timing condition for the construction of the affordable units. Chairperson L'Heureux asked if the satisfaction of that agreement would be when the developer entered into the affordable housing agreement. Ms. Werneke stated that was correct. Chairperson L'Heureux asked if the units have to be constructed prior to occupancy of the project if those units are to be located offsite. Ms. Werneke stated that was correct. Mr. Neu stated that typically the affordable housing agreement will spell out the terms and timing of construction. Planning Commission Minutes October 19, 2011 Page 4 Commissioner Schumacher asked about the three drainage alternatives. Ms. Werneke stated there are three alternatives offsite infrastructure improvements for the storm drain. She directed the Commission's attention to the slide indicating the three alternatives. Mr. Riddle stated that the timing of these improvements will be determined on the first phase of construction because there is a basin anticipated with that first phase. The determination will be made prior to grading permits being issued on phase one of the parcel map for the RV relocation site. Commissioner Arnold asked why there are options for the affordable housing to be onsite or offsite. Ms. Werneke stated it was done to give the developer flexibility. Mr. Neu added that if there is a potential for the units to be offsite, they would serve a different part of the population such as employees of the facilities. If the units are located onsite, the units would be for seniors only. Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. John Rimbach, representing West Living, gave a detailed presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Commissioner Black asked about fencing for the project along the trails and walkways. Bob Wilkinson with Wilkinson Design Group, Carlsbad, stated the safety fence is in the location where the walkway is close to the slope. When the walkway is pulled back from the slope with ample landscaping between the edge of the walkway and the top of the slope, there is no fencing. Commissioner Black stated his concerns regarding the fencing and urged the applicant to have continuous fencing along the trails and walkways. Commissioner Siekmann asked about the targeted income level for the community. Mr. Rimbach stated they are aiming for upper middle income levels. Commissioner Siekmann asked about LEED certification for the project. Mr. Rimbach stated there are elements of design standards such as solar and onsite transportation systems which are anticipated; however they are not seeking LEED certification. Commissioner Siekmann asked about the onsite transportation options. Mr. Rimbach stated there will be several onsite shuttles to take residents to various locations in the city as well as to doctor appointments. Commissioner Siekmann asked about the affordable housing options. Mr. Rimbach stated they are hoping to have the affordable housing onsite. Commissioner Scully asked about the variance of the grade level for the pedestrian walkways. Mr. Rimbach deferred the question to Ray Martin. Ray Martin, representing Hunsaker and Associates, 9707 Waples Street, San Diego, stated the site was designed so that all walking trails will meet the ADA requirements with less than 5% running grade. Commissioner Scully inquired about the criteria that will be used to determine which residents will have covered parking spaces. Mr. Rimbach stated it has not yet been determined. Commissioner Scully asked about the uncovered spaces. Mr. Rimbach stated those spaces will be used for residents as well as employees. There will be a designated area for employees only. Chairperson L'Heureux stated the uncovered parking is an issue with him. Commissioner Nygaard asked if there is any interest from the applicant in providing bus shelters on College Boulevard. Mr. Rimbach stated he would be in agreement with installing a covered bus stop. Chairperson L'Heureux asked about exterior noise levels as it impacts the cottages from College Boulevard. Mr. Rimbach stated that as part of the EIR, a very extensive sound study was completed to comply with City ordinances for interior and exterior noise. He stated the project meets all of those requirements. Ms. Werneke stated there will be a 6 foot landscape wall on top of a 2 foot landscape berm along with a 3 foot high retaining wall. The pad elevation for the cottages is approximately 8 feet below the elevation of the wall. Based on the results of the noise study, the sound wall attenuates noise to the required decibel level for outdoor recreation areas and outdoor living spaces. Planning Commission Minutes October 19,2011 Page 5 Commissioner Schumacher asked about the former proposed site for the affordable housing. Mr. Rimbach stated that he does not anticipate that area ever being developed due to it being so environmentally sensitive. Commissioner Black asked about the parking for the other similar projects the applicant owns. Mr. Rimbach stated they generally have all surface parking without cover. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Barbara Bevis, 3431 Don Alberto, Carlsbad, president of the Rancho Carlsbad Home Owner's Association, stated she is anxious for this project to begin construction. David Swearingen, 3475 Don Ortega, Carlsbad, president of the Rancho Carlsbad RV Club, stated he is in favor of the relocation of the RV storage area for Rancho Carlsbad. Commissioner Siekmann asked how long he has lived in Rancho Carlsbad and if there has ever been any flooding in the RV area. Mr. Swearingen stated he has lived in Rancho Carlsbad for 10 years and has not seen any flooding in the area of the RV storage facilities. David Price, 3433 Don Jose, Carlsbad, president of the Rancho Carlsbad Garden Club, stated he is in support of the proposed relocation of the garden site. Bill Arnold, 3432 Don Ortega, Carlsbad, stated the RV relocation site is a win-win for everyone. Commissioner Siekmann asked how the residents will be impacted if the offsite storm drain is put through the golfing range. Mr. Arnold stated he sees no problem with that and the residents are very supportive. Russ Kohl, 3317 Don Pablo, Carlsbad, stated his objection to Condition No. 38 in Resolution No. 6829. Lea Laux, 3768 Arapaho, Carlsbad, asked if the recommendation was done with consideration of the Blossom Grove home owners and if there are any front runners for the low income housing units if the low income housing is to be located offsite. In regards to the RV site, she asked if the wall and the landscaping will provide enough screening so that you will not see the RVs from across the street and to discourage graffiti. She also asked about the lighting for the RV site. Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera, urged the Commission to return the project back to Staff. James Clinnin, El Camino Real, stated he does not oppose the development but would like to see the Commission exercise caution with this project and how it takes place. Sue Loftin, 5760 Fleet Street Suite 110, Carlsbad, representing the Rancho Carlsbad Owners Association, thanked staff for the excellent work. She stated secondary access is necessary and is a requirement on the property. She further stated that relocation of the RV and garden sites are required as mitigation in the Calavera Hills EIR. Chairperson L'Heureux asked if there are any other members of the audience who wished to speak on the item. Seeing none, he closed the public testimony. Chairperson L'Heureux asked if the applicant wished to respond to the issues raised during the public testimony. Mr. Rimbach clarified that West Living does not own the golf course on Rancho Carlsbad, but they do operate the golf course as they took over the lease in January 2010. He stated that the preferred alternative for the offsite drainage location is not through the golf course. Mr. Rimbach further stated they have worked with the wildlife agencies in terms of HMP compliance, and he has received agreement on those mitigation measures. Planning Commission Minutes October 19, 2011 Page 6 Commissioner Siekmann asked Mr. Rimbach to address the issue regarding visibility of the RV storage lot from the Blossom Grove neighborhood. Mr. Rimbach stated that neighborhood is quite a distance from the proposed RV storage. He stated that with the wall and landscaping, the area will be very well screened and any lighting will be cut-off luminaries. Commissioner Siekmann asked if the emergency access road could eventually be used as a cut-thru to get to College Boulevard quicker. Mr. Rimbach stated the emergency access is conditioned upon emergency egress only. Commissioner Black inquired if the residents of the cottages will be able to see into the RV storage area. Mr. Rimbach stated he did not believe so. Chairperson L'Heureux asked if there were any further questions of the applicant. Seeing none, he asked if Staff could respond to the issues and questions raised during public testimony. Ms. Werneke stated that the recommendation for this project did take into consideration all surrounding land uses and compatibility with general plan land use designations. She stated that Staff has determined this is a commercial dwelling unit project and professional care facility. Because of the nature of the use and the services provided onsite, and because of the commercial dwelling units, there are no density calculations for the project. The project has adequately addressed the floodplain impacts for the project. Mr. Neu stated that the dwelling units for this project are considered commercial dwelling units as they meet the definition as defined in the Zoning Code. This is similar to other facilities within the city such as La Costa Glen and in Bressi Ranch. This is not considered a unique circumstance. Commissioner Siekmann asked Staff about the emergency access road. Mr. Riddle stated that when the final map records for this project, there will be an easement that records over the emergency access road which grants Rancho Carlsbad the rights to use that access road specifically for emergency access purposes only. Mr. Riddle further commented that there will be a gate just outside the RV storage lot; however the details for the gate have yet to be worked out.. Ms. Mobaldi urged the Commission to leave the emergency access issue to Staff, particularly the Fire Department, because of the sensitive issues with regards to liability. Commissioner Siekmann asked if FEMA has to sign off on the floodplain issue. Mr. Riddle stated that was correct. Commissioner Siekmann further asked about the letter from Friends of Aviara. Ms. Werneke stated that in regards to the letter from Friends of Aviara, this is a master planned high quality senior living community, and Staff has every expectation that this will provide a very high quality of life for seniors onsite. In regards to driving conditions, Ms. Werneke stated that there will be onsite transportation available for any residents that may not feel comfortable with driving. Ms. Werneke stated that in regards to the project not being a walkable community, the project is located within proximity of two properties which are anticipated to be developed with commercial development. Chairperson L'Heureux asked if there further questions of Staff. Mr. Neu commented that the plans submitted with the minor subdivision do show an emergency access gate and a designated emergency access drive. The Fire Department would work out the specifics as to how the gate will operate. DISCUSSION Commissioner Nygaard thanked Rancho Carlsbad for all their participation in the process. She stated she is concerned with the fences on the site and she feels the parking for the residents should be covered. Commissioner Nygaard also thanked staff for their hard work and stated she can support the project. Commissioner Arnold stated the covered parking is also an issue with him as well as the fencing around the site. He stated he can support the project. Planning Commission Minutes October 19, 2011 Page 7 Commissioner Black stated his concurrence with Commissioners Arnold and Nygaard. He asked the applicant to reconsider a contiguous safety fence around the site. Commissioner Black congratulated Staff for all their work as well as the applicant. He stated his support of the project. Commissioner Scully also thanked Staff for their hard work. She stated she has an issue with the uncovered parking and she would also like to see all the affordable housing to be onsite. Commissioner Scully stated she can support the project. Commissioner Schumacher stated that overall the project is a great project with many benefits. He stated he would also like to see the fence and parking issues worked out. Commissioner Schumacher also stated he can support it. Commissioner Siekmann stated her biggest concern is the floodplain issue but she feels that has been worked out. She stated she is not concerned with the covered parking and stated she can support the project. Chairperson L'Heureux acknowledged receipt of a letter from Preserve Calavara dated October 15, 2011, a letter from Friends of Aviara dated October 19, 2011 and an email to the city from the Wildlife Agencies dated October 18, 2011. Chairperson L'Heureux requested that the landscape plan for the RV storage lot should have fast growing plants along the exterior walls so that it shields to the greatest extent possible. He agreed that there needs to be covered parking and the safety fence should be contiguous. The emergency access road should not be for everyday use. He can support the project. The Commission discussed the issues regarding covered parking, a continuous trail safety fence and a covered bus shelter on College Boulevard. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6825 recommending that the City Council certify the Refined No Affordable Housing Site Alternative of the Final Environmental Impact Report (EIR 09-01), including the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, adopt Planning Commission Resolutions No. 6826, 6827, 6828 and 6829 recommending approval of a General Plan Amendment (GPA 09-02), Zone Change (ZC 09-02), Local Facilities Management Plan Amendment (LFMP 15E), and Residential Mobile Home Park Permit Amendment (RMHP 96-01D) and adopt Planning Commission Resolutions No. 6830, 6831, 6832, 6833, and 6834 approving a Conditional Use Permit (CUP 09-02), Site Development Plan (SDP 09-02), Hillside Development Permit (HDP 09-02), Habitat Management Plan Permit (HMP 09-02) and Special Use Permit (SUP 09-02), based on the findings and subject to the conditions contained therein to include additional conditions to provide covered parking as 1 space per independent living unit, to provide a continuous safety trail fence, and to include bus shelters at the bus stops near the project along College Boulevard. Commissioner Siekmann stated she supports the project but is opposed to the added condition for additional covered parking. 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 Planning Commission Minutes October 19, 2011 Page 8 Chairperson L'Heureux closed the public hearing on Agenda Item 2 and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu thanked the Commission for all the extra time and effort they put into the Dos Colinas project. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of October 19, 2011, was adjourned at 9:08 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk