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HomeMy WebLinkAbout2011-12-07; Planning Commission; MinutesPlanning Commission Minutes December 7, 2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: December 7, 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 Scully 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, City Planner Jane Mobaldi. Assistant City Attorney Bridget Desmarais, Administrative Secretary Dan Halverson, Assistant Planner Greg Fisher, Assistant Planner Jason Goff, Associate Planner Corey Funk, Associate Planner Glen Van Peski, Engineering Manager Gary T. Barberio, Community and Economic Development Director Bryan Jones, Deputy Director/Traffic Engineer - Transportation APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from November 2, 2011. MOTION ACTION: Motion by Commissioner Schumacher, and duty seconded, that the Planning Commission approve the minutes from the Regular Meeting of November 2, 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 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. Planning Commission Minutes December 7, 2011 Page 2 PUBUC 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 00-36x1 (A) - AT&T LA COSTA RESIDENCE WCF - Request for an amendment to Conditional Use Permit No. CUP 00-36x1 to allow for the addition of three (3) additional new panel antennas, a new GPS antenna, and two (2) new equipment cabinets to an existing unmanned Wireless Communications Facility (WCF) consisting of a 240 square foot at grade equipment room and six (6) panel antennas mounted within two expanded chimney structures and one faux chimney located on a single family dwelling unit at 7512 Cadencia Street and in Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Dan Halverson would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Halverson 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 asked if Staff has ever received any issues with the existing facility over the last 10 years. Mr. Halverson stated no. Commissioner Black asked If more antennae could be placed on the site. Mr. Halverson stated he was not sure and deferred the question to the applicant. Commissioner Scully inquired as to the frequency of reviews of the equipment. Mr. Halverson stated the company will check the equipment about once a month. Commissioner Schumacher asked about the RF exposure study from this site and if the study looks at a cumulative effect from other towers In the neighborhood. Mr. Halverson stated it is a cumulative for the site but not for the area. Commissioner Schumacher asked about the expiration date for the permit. Mr. Halverson stated that this new extension will be valid for 10 years, and the original expiration date is superseded. Chairperson L'Heureux asked if the applicant wished to make a presentation. The applicant stated no. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the Item. Chairperson L'Heureux opened the public testimony on the item. Vipashi Trivedi-Sheth, 7515 Cadencia. stated that she is concerned with this site becoming a huge cell tower in a residential area. Kyle Rivera, 972 Via Bocas, asked what WCF stood for. Chairperson L'Heureux asked if it was plausible If the other cell carriers could interfere with the reception. Mark Phillips, a consultant with M&M Telecom for AT&T, stated no because each carrier has their own spectrum and those spectrums cannot be crossed. Commissioner Black asked Mr. Phillips how many antennae could be placed without exceeding the limitations. Mr. Phillips stated it becomes a design issue, and this is a standard In cell sites. Planning Commission Minutes December 7, 2011 Page 3 Chairperson L'Heureux asked how many more antennae could be added to the existing poles. Mr. Phillips stated the most he has ever seen is 12 antennae per site. Commissioner Arnold asked how many homes in Carlsbad have an agreement such as this one. Mr. Phillips stated that he did not believe there are many other than this one but he does not have a number. Commissioner Arnold asked how much the home owner is paid by AT&T. Mr. Phillips stated it depends and it can range anywhere from $1000 to $2000 a month. Commissioner Schumacher asked if Mr. Phillips knows about the RF exposure studies. Mr. Phillips stated he does not have the degree for that. Commissioner Siekmann commented that WCF stands for Wireless Communications Facility. Ms. Mobaldi stated the FCC regulates the frequencies from the WCFs. If they are satisfied that the federal requirements are met. the City cannot deny a site based on frequencies. Chairperson L'Heureux asked if there were any further questions from the audience. Seeing none, he closed the public testimony. Chairperson L'Heureux asked if there were any further questions of Staff. DISCUSSION Commissioner Nygaard stated that what is really important to know is that in the 10 years this site has been at this location, there have not been any problems. She stated she can support the item. Commissioner Siekmann stated that because there are no other feasible locations, she can support the project. Commissioner Arnold stated he can also support the project. Commissioner Black stated he can support the project. Commissioner Scully stated her concurrence with her fellow Commissioners and can support the project. Commissioner Schumacher also 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. 6851 approving an amendment to CUP 00-36x1 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 dosed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. Planning Commission Minutes December 7, 2011 Page 4 2. CUP 11-03 - CINEPOLIS LUXURY CINEMAS - Request for approval of a Conditional Use Permit to allow a 535 square foot bar/cocktail lounge as an ancillary use in conjunction with an approved movie theater tenant improvement presently under construction in the vacated Ultra Star La Costa 6 Cinemas location at 6941 El Camino Real, within the Plaza Paseo Real Shopping Center west of El Camino Real between Deve Lane and Aviara Parkway, the Mello II Segment of the Local Coastal Program, and the Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Mr. Goff 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 Siekmann asked if there will be any live music. Mr. Goff stated no. Commissioner Scully asked if parents with underage children would be allowed into a theater which serves alcohol. Mr. Goff stated no. Commissioner Nygaard asked about outdoor dining. Mr. Goff stated there will not be outdoor dining, and the outdoor ticket counter that was originally proposed was moved inside. Commissioner Schumacher asked if there have been any concerns or issues with the location in Del Mar. Mr. Goff stated no. Commissioner Black asked for clarification regarding Finding No. 2 of the resolution and why Tomoyama Sushi was included as a location similar to a cocktail lounge. Mr. Goff stated that it was included based on information provided on their website. Commissioner Black asked if an unaccompanied child would be able to wander through the lobby. Mr. Goff stated yes based on the ABC license the applicant is requesting. Commissioner Siekmann asked if a child is allowed to walk unaccompanied through a restaurant in the City that serves both alcohol and food. Mr. Goff stated yes. Chairperson L'Heureux asked if there were any further questions. Seeing none. Chairperson L'Heureux asked if the applicant wished to make a presentation. Carlos Wellman, project manager for Cinepolis Luxury Cinemas, 6941 El Camino Real, Carlsbad, 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 Nygaard asked if there will be employees at the doors to the theaters that do sell alcohol. Mr. Wellman stated there will always be someone at the door asking for identification. Commissioner Nygaard asked if there will be a variety of movies. Mr. Wellman stated there will be all genres of movies and possibly the showing of sporting events. Commissioner Scully Inquired about the neighborhood meeting held by the applicant. Mr. Wellman stated about 20 people attended the meeting where they were shown around the facility and they were encouraged to visit the Del Mar location. Mr. Wellman stated that about 4 people had legitimate concerns which he feels have been addressed. Overall he stated it was a positive meeting with the neighborhood. Chairperson L'Heureux asked about ticket prices. Mr. Wellman stated the prices are basically the same for all the theaters at the facility; however there will be tiered pricing. Chairperson L'Heureux asked for confirmation regarding the age requirement for the theaters serving alcohol. Mr. Wellman stated visitors will have to be 21 or older in order to get into a theater serving alcohol. Planning Commission Minutes December 7, 2011 Page 5 Chairperson L'Heureux asked if there were any further questions of the applicant. Seeing none. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Chairperson L'Heureux opened the public testimony on Agenda Item 2. Janet Asaro, 7711 Quitasol Street, stated her concerns about the availability of alcohol at the theater. Erica Leary, representing North Coastal Prevention Coalition, 1000 Vale Terrace, Vista, stated that while she is not in opposition to or in favor of the project, she is concerned about alcohol being served at a movie theater. Dr. Bart Billings, 2704 Cazadero Drive, Carlsbad, stated he gathered several hundred signatures on a petition to prevent alcohol in the theater. He stated there is no limit to the number of drinks someone can have prior to entering one of the theaters that serve alcohol. Brian McCarthy, 1730 Weatherwood Court, San Marcos, employeed by the contractor, offered his support for the facility. Chairperson L'Heureux asked if the applicant wished to respond to the issues raised by the public testimony. Mr. Wellman stated it is a restaurant license not a cocktail/bar license. He commented that 70% of sales are from food items. The license is restricted such that more than 50% of sates have to be from food items. Commissioner Scuily asked if the applicant has reached out to the business owners in the center. Mr. Wellman stated yes. Commissioner Black asked for clarification regarding the liquor license. Mr. Wellman stated it is a restaurant license which allows patrons to consume drinks with food, with at least 50% of the sale being for food items. Chairperson L'Heureux closed the public testimony on the item. Chairperson L'Heureux asked if there were any further questions of Staff. Commissioner Nygaard asked about the review process. Mr. Goff stated it is conditioned to be reviewed annually and will expire in 10 years. If there are any issues within that time, the item will come back before the Commission. Commissioner Nygaard asked about any incidences involving the police. Mr. Neu stated that Staff has met with staff from both the Department of Alcoholic Beverage Control and the Carlsbad Police Department, who indicated they work closely together. Staffs understanding and request Is to see this license conditioned similarly to the license for the Del Mar location. Commissioner Scully asked about If the Police Department will be doing regular inspections of the location similar to that of the City's bars. Mr. Neu stated he was not sure if that will be part of their process; however if Staff becomes aware of any issues, the Police Department will be contacted for a review or check of the facility. Mr. Neu further stated that he would be reluctant to add conditions pertaining to the police's operational control through a land use permit. Staff has tried to focus the review and conditions on the findings included in the Planning Commission Resolution for this project. Commissioner Nygaard asked if the project would come back before the Planning Commission if the Police Department found any problems regarding the license or the facility. Mr, Neu stated typically Staff would try to work with the business owner/applicant in an effort to correct the problem. It would come back to the Planning Commission if Staff was unable to obtain compliance and Staff was asking for modification or revocation of the permit. Commissioner Black clarified his previous comment regarding Finding No. 2 and commented that Tomoyama Sushi is listed as being similar in function and asked if that restaurant could be removed from Planning Commission Minutes December 7, 2011 Page 6 the finding. Mr. Goff stated all the other establishments in the vicinity are bona fide eating establishments that have alcohol serving uses associated with them. This theater is considered a bar/cocktail lounge under the definition provided in the City's Municipal Code. Commissioner Schumacher stated the applicant commented the license for the facility is a restaurant license. Chairperson L'Heureux asked about including the liquor license conditions being included in the CUP conditions. Mr. Neu stated Staff is attempting to keep what is under the City's regulatory purview separate from the state's Alcoholic Beverage Commission's purview. Mr. Neu referred the Planning Commission to the project's staff report pages 6-7 for further clarification. Ms. Mobaldi added that the Department of Alcoholic Beverage Control (ABC) regulates the sales and licensing of alcohol and they are to a certain extent preempting the City's regulation of certain specifications with regard to the service of alcohol. If there Is an issue, those complaints will be filed with the ABC. Ms. Mobaldi stated the ABC is the most appropriate enforcement agency for issues such as serving to minors which are within the purview of the ABC and therefore is not beneficial to the City to add those conditions. DISCUSSION Commissioner Nygaard stated that perhaps it is time for the City to try something new like what is presented with this project. She stated the CUP gives the City authority to help address any potential issues. Commissioner Nygaard stated she can support the project. Commissioner Siekmann stated she is thrilled that the City will have an upscale establishment such as this. She thanked Staff and the applicant for their work on this project. She further stated she can support the project. Commissioner Arnold stated he has no problem with the concept with this project and stated he can support the project. Commissioner Black thanked Staff for their hard work on this project. He stated he can support the project. Commissioner Scully also thanked Staff for all the effort put into this project. She stated this project can be an asset to the community. Commissioner Scully stated she can support the project. Commissioner Schumacher stated this project seems like a very professionally run business. He stated he can support the project. Chairperson L'Heureux thanked the public for expressing their concerns, and thanked Staff and the applicant for making sure those concerns were addressed. He stated he can support the project. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6840 approving a Conditional Use Permit (CUP 11-03). 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 Planning Commission Minutes December 7, 2011 Page 7 Chairperson L'Heureux closed the public hearing on Agenda Item 2. RECESS Chairperson L'Heureux called for a 5-minute recess at 7:30 p.m. MEETING CALLED TO ORDER Chairperson L'Heureux called the meeting to order at 7:35 p.m. with all Commissioners present and asked Mr. Neu to introduce the next item. 3. SDP 11-04/SDP 11-05/SDP 11-06/SDP 11-07 - LA COSTA BLUFFS LOTS 406-409 - Request for approval of four separate Site Development Plans to allow for the development of four 6-unit attached apartment projects each situated on a separate .3857-acre Infill site which are generally located adjacent to one another along the north side of La Costa Avenue between Gibraltar Street and Romeria Street, and in Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Greg Fisher would make the Staff presentation assisted by Engineering Manager Glen Van Peski. 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 Scully asked about the slopes and setbacks and if there have been any issues with slope failures on the subject site or adjacent sites. Mr. Fisher stated he was not aware of any. Glen Van Peski, Engineering Manager, also stated no. Commissioner Siekmann asked about the traffic generated by the site was adequately analyzed with the La Costa Avenue westbound lane being one lane instead of two. Mr. Van Peski stated it was based on the classification studies available at the time the project application was made. The latest traffic counts, which were before the new striping plan, show volumes between 14,000 and 17,000 ADT. Bryan Jones, Deputy Director/Traffic Engineer - Transportation, stated the new striping plan was analyzed with anticipated traffic volumes at build-out. Commissioner Scully asked about construction traffic for this project. Mr. Jones stated that the travel lanes are separated by the bike lane and a buffer lane so there will ample space to allow for trucks to maneuver to and from the site. A traffic control plan will also be submitted for this project prior to construction beginning. Commissioner Scully asked if there is a timeframe as to when construction traffic can begin. Mr. Fisher stated it would follow the same hours as set forth in the building code for construction. Chairperson L'Heureux asked about the landscape plan for the slopes. Mr. Fisher stated it currently shows to remain as is; however the applicant can submit landscape plans at a late date. Chairperson L'Heureux asked if the applicant wished to give a presentation. Solomon Rabie, 814 S. Westgate, Los Angeles, gave a brief presentation and stated he would be available to answer any questions. Commissioner Nygaard asked if a fence will be installed on top of the slope. Mr. Rabie stated yes. 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. Chairperson L'Heureux opened the public testimony on Agenda Item 1. Planning Commission Minutes December 7, 2011 Page 8 Jeanette Halabuk, 7607 Romeria Street, Carisbad, commented that she is concerned with the traffic Impacts from this project as well as the soils report. She stated there is underground water and there have been issues with the drainage in the canyon. Chairperson L'Heureux asked if any other members wished to speak on the item. Seeing none, he closed public testimony. Chairperson L'Heureux asked if the applicant wished to respond to any of the issues raised during public testimony. Mr. Rabie applicant stated no. Chairperson L'Heureux asked Staff to respond to the issues raised during public testimony. Mr. Fisher stated the applicant is doing what is recommended by the soils report which is remedial grading to address the concerns from that report. Mr. Van Peski stated that in regards to the traffic impact study for this project, due to the limited size of the project, it does not require a separate traffic Impact study. Mr. Van Peski commented that in regards to the fill for the project, grading plans have been submitted and all work is being done under the supervision of a registered soils engineer. It does not signal pre-approvat of the project. With regards to drainage problems in the canyon, this project is being designed so that the remedial grading will eliminate any subsurface drainage issues. The project is also being designed to drain any positive drainage to the street so as not to exacerbate any drainage situations In the area. Mr. Jones commented the traffic study completed for the road diet assumed build-out of this project as well as for the entire area. The general plan allowed for a higher density project on this site than what is currently proposed so there will be less of an impact than anticipated. Commissioner Arnold asked if anything was built previously on this site. Mr. Fisher stated no. Commissioner Arnold asked if there have been any issues with the soil on the sites on either side of this project. Mr. Fisher stated no. Commissioner Schumacher asked for clarification regarding the traffic control plan. Mr. Van Peski stated the contractor will have to submit a traffic control plan which is reviewed to ensure that the traffic impacts are minimized. A haul route permit will also be required in order to move equipment and materials to and from the site. Commissioner Siekmann asked if the site will have a right turn exit only. Mr. Fisher stated that was correct and it will be something that Is self-imposed by the property manager. Signs will be posted at each driveway. Chairperson L'Heureux asked if there are any plans for a raised median on La Costa Avenue. Mr. Jones stated the Community Vision Plan for the road enhancements on La Costa Avenue anticipates some raised medians; however because the Vision Plan is a conceptual plan, the exact locations of the raised medians have not been identified. DISCUSSION Commissioner Nygaard stated she was initially concerned about the driveways on La Costa Boulevard but feels those concerns have been addressed. She stated she can support the project. Commissioner Siekmann stated her concurrence with Commissioner Nygaard and stated she can support the project. Commissioner Arnold stated he can support the project. Commissioner Black stated he too can support the project. Commissioner Scully stated she too can support the project. Commissioner Schumacher stated he can support the project. Chairperson L'Heureux stated he is concerned with the design of the project; however he stated he can support the project. Planning Commission Minutes December 7. 2011 Page 9 MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6844, 6845, 6846 and 6847 approving Site Development Plans (SDP 11-04/SDP 11-05/SDP 11-06/SDP 11 -07), 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 3 and asked Mr. Neu to introduce the next item. 4. CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and the approval of a Conditional Use Permit to allow a 3,451 square foot restaurant with an 849 square foot outdoor dining area as an ancillary commercial use in a 37,050 square foot production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company, on property generally located north of Gateway Road, south of Palomar Airport Road, and east of El Fuerte Street, on Lot 10 of CT 05-09 within Planning Area 5 of the Bressi Ranch Master Plan and the Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Jason Goff would make the Staff presentation. Chairperson L'Heureux stated that because he has handled numerous legal actions for the applicant, he would recuse himself from the dais for this project. Vice Chairperson Schumacher opened the public hearing on Agenda Item 4. Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Pete Bussett, 12220 Ei Camino Real, San Diego, gave a brief presentation and stated he would be available to answer questions. Vice Chairperson Schumacher asked if there were any questions of the applicant. Commissioner Black asked if there will be any fencing around the outdoor dining area. Mr. Bussett stated there will be a 314 foot fence with a hedge around it. Vice Chairperson Schumacher asked if there 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. Vice Chairperson Schumacher opened and closed public testimony on the item. Planning Commission Minutes December 7,2011 Page 10 DISCUSSION Commissioner Nygaard stated it is a great idea to have restaurants in the business park. She stated she can support the project. Commissioner Siekmann also stated she can support the project. Commissioner Arnold stated he can support the project. Commissioner Black also stated his support of the project. Commissioner Scully stated her support of the project. Vice Chairperson Schumacher stated his concurrence with his fellow Commissioners and stated he can support the project. MOTION ACTION: Motion by Commissioner Scully, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6841 approving of a Conditional Use Permit (CUP 11-05), based on the findings and subject to the conditions contained therein. VOTE; 6-0-1 AYES; Vice Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES; None ABSENT; Chairperson L'Heureux ABSTAIN; None Vice Chairperson Schumacher closed the public hearing on Agenda Item 4. Chairperson L'Heureux returned to the dais and asked Mr. Neu to introduce the next item. 5. GPA 10-03/ZCA 10-04/LCPA 10-03 - H.E. PROGRAM 2.1 MINIMUM DENSITIES - A request for a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and a request for a recommendation of approval for a General Plan Amendment, Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Housing Element Program 2.1 by the establishment of a new minimum density in the Residential Medium-High Density (RMH) and Residential High Density (RH) land use designations. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 5. 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. Commissioner Schumacher asked how long before the City will again have to update the Regional Housing Needs Assessment (RHNA) numbers from SANDAG. Mr. Funk stated the housing element planning period for this housing element cycle was extended until 2013. Mr. Neu stated the new housing element will need to be adopted by April, 2013, and will be done concurrently with the Envision Carlsbad General Plan Update. Planning Commission Minutes December 7, 2011 Page 11 Chairperson L'Heureux asked if there were any further 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 opened and closed public testimony on the item. DISCUSSION Commissioner Nygaard stated she can support the project. Commissioner Siekmann stated she can support the project. Commissioner Arnold also stated he can support the project. Commissioner Black stated he can support the project. Commissioner Scully stated she cannot support the project because she feels it is a numbers game with the State. Commissioner Schumacher stated he can support the project. Mr. Neu added that the Growth Control Points were a place within the different residential densities that was used to estimate the number of dwelling units to be build out in the community to stay within the overall cap for the City as well as each individual quadrant. Chairperson L'Heureux stated he also feels it is a numbers game with the State but he can support the project. MOTION ACTION; Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission make a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and that the Planning Commission adopt Planning Commission Resolutions No. 6848, 6849, and 6850 recommending approval of GPA 10-03, ZCA 10-04 and LCPA 10-03. based on the findings contained therein. VOTE; 6-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Schumacher, and Commissioner Siekmann NOES: Commissioner Scully 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. ZCA 10-05/LCPA 10-04 - H.E. PROGRAM 2.1 - MIXED USE - A request for a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to implement a portion of Carlsbad General Plan Housing Element Program 2.1 by allowing residential uses as a permitted use in certain commercial zones. Mr. Neu introduced Agenda Item 6 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 6. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. Planning Commission Minutes December 7,2011 Page 12 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 opened and closed public testimony on the item. DISCUSSION Commissioner Nygaard stated she can support the project. Commissioner Siekmann stated she can support the project. Commissioner Arnold also stated he can support the project. Commissioner Black stated he can support the project. Commissioner Scully stated she cannot support the changing of the permitting process and therefore she cannot support the project. Commissioner Schumacher also 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 make a determination that the project is within the scope of a Mitigated Negative Declaration previously adopted for the 2005-2010 Housing Element (GPA 03-02) and that the Planning Commission adopt Planning Commission Resolutions No. 6842 and 6843 recommending approval of ZCA 10-05 and LCPA 10-04 based on the findings contained therein. VOTE: 6-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Schumacher, and Commissioner Siekmann NOES: Commissioner Scully 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. ELECTION OF OFFICERS Chairperson L'Heureux asked if there were any nominations for the position of Chairperson. Commissioner Nygaard nominated Commissioner Schumacher. Commissioner Siekmann seconded the motion. Commissioner Arnold nominated Chairperson L'Heureux for re-election. The motion was not seconded. By unanimous vote, Commissioner Schumacher was elected Chairperson for 2012. Chairperson L'Heureux asked if there were any nomination for the position of Vice Chairperson. Chairperson L'Heureux nominated Commissioner Siekmann. Commissioner Nygaard seconded the motion. Commissioner Arnold nominated Commissioner Nygaard. Commissioner Black seconded the motion. Planning Commission Minutes December 7, 2011 Page 13 Commissioner Nygaard respectfully declined the nomination. Commissioner Arnold withdrew the motion to nominate Commissioner Nygaard. By unanimous vote. Commissioner Siekmann was elected Vice Chairperson for 2012. Chairperson L'Heureux closed the public hearing on Agenda Item 7 and thanked Staff for their presentations. COMMISSION COMMENTS Commissioner Nygaard reminded the Planning Commission of the upcoming California Energy Commission hearing on December 12, 2011 regarding the Power Plant to be held at the Hilton Garden Inn. Commissioner Schumacher expressed his gratitude to his fellow Commissioners and his appreciation of Staff. He also thanked Chairperson L'Heureux for his work as Chairperson this year. Chairperson L'Heureux also thanked his fellow Commissioners and Staff for all their work this year. CITY PLANNER COMMENTS Mr. Neu commented that the City Council had approved the Zone Code Amendment for the Second Dwelling Unit Rent Restrictions which was recently recommended for approval by the Planning Commission. The Council also approved the Agua Hedionda Sewer Lift Station project which was also recently recommended for approval by the Planning Commission. CITY ATTORNEY COMMENTS Ms. Mobaldi thanked Chairperson L'Heureux for his time as Chairperson and also congratulated the newly elected officers for 2012. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 7, 2011. was adjourned at 9:00 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk