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HomeMy WebLinkAbout2015-09-02; Planning Commission; MinutesPlanning Commission Minutes September 2, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: September 2, 2015 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Vice Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner L’Heureux led the Pledge of Allegiance. ROLL CALL Present: Vice Chairperson Anderson, Commissioners L’Heureux, Segall and Siekmann Absent: Commissioners Black and Montgomery STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Shannon Werneke, Associate Planner Greg Fisher, Associate Planner Chris Garcia, Assistant Planner Jason Geldert, Engineering Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Vice Chairperson Anderson asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. PUD 13-06(C) – ROBERTSON RANCH PLANNING AREA 9/10 – A request for a determination that the project is within the scope of the previously certified Robertson Ranch Master Plan Environmental Impact Report (EIR 03-03) and subsequent Mitigated Negative Declaration and a request for approval of single-family home floor plans, architectural elevations, and plotting for the 75 single-family lots, as well as the design of the neighborhood park within Planning Area 9/10 located south of Tamarack Avenue, east of El Camino Real and north of Cannon Road in Local Facilities Management Zone 14. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he would be available to answer any questions Vice Chairperson Anderson asked if there were any questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Greg Deacon, representing Toll Brothers, gave a brief presentation and stated he would be available to answer any questions. Planning Commission Minutes September 2, 2015 Page 2 Vice Chairperson Anderson asked if there were any questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Vice Chairperson Anderson opened and closed public testimony on Agenda Item 1. DISCUSSION Commissioner Segall stated he can support the project. Commissioner Siekmann stated she can support the project. Commissioner L'Heureux commented that he can support the project. Vice Chairperson Anderson stated she can support the project. MOTION ACTION: Motion by Commissioner L’Heureux and duly seconded by Commissioner Segall that the Planning Commission adopt Planning Commission Resolution No. 7121 approving Planned Development Permit Amendment PUD 13-06(C) based on the findings and subject to the conditions therein. VOTE: 4-0 AYES: Vice Chairperson Anderson, Commissioner L’Heureux, Commissioner Segall, and Commissioner Siekmann NOES: None ABSENT: Commissioners Black and Commissioner Montgomery ABSTAIN: None Vice Chairperson Anderson closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. PUD 15-06/SDP 15-06/CDP 15-11/MS 15-04 – GARFIELD STREET CONDOS – Request for approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map to demolish an existing single-family home and detached garage and to allow for the development of a three-unit multiple-family residential air-space condominium project on a 0.14 acre infill site located at 3622 Garfield Street, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Chris Garcia would make the staff presentation. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Anderson asked if there were any questions of staff. Commissioner Segall asked where the multi-family residence is located. Mr. Garcia stated it is located to the east of the project site. Vice Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Jeff Parshall, project applicant, stated he would be available to answer any questions. Planning Commission Minutes September 2, 2015 Page 3 Commissioner Siekmann asked if the homes will be solar-ready. Mr. Parshall stated he would absolutely consider it. Vice Chairperson Anderson asked if there any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Vice Chairperson Anderson opened and closed public testimony on Agenda Item 2. DISCUSSION Commissioner Segall stated he can support the project. Commissioner Siekmann stated she can support the project. Commissioner L'Heureux commented that he can support the project. Vice Chairperson Anderson stated she can support the project. MOTION ACTION: Motion by Commissioner L’Heureux and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7119 approving Planned Development Permit (PUD 15-06), Site Development Plan (SDP 15-06), Coastal Development Permit (CDP 15-11), and Tentative Parcel Map (MS 15-04), based upon the findings and subject to the conditions contained therein. VOTE: 4-0 AYES: Vice Chairperson Anderson, Commissioner L’Heureux, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black and Commissioner Montgomery ABSTAIN: None Vice Chairperson Anderson closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. PUD 15-04/SDP 15-03/MS 15-02 – CARLSBAD LAGOON BEACH HOMES – Request for approval of a Planned Development Permit, Site Development Plan, and Tentative Parcel Map to demolish three existing attached residential units and to allow for the development of a three-unit, detached single-family residential air-space condominium project on a 0.22 acre infill site located at 165-175 Chinquapin Avenue in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a brief presentation and stated he would be available to answer questions. Vice Chairperson Anderson asked if there were any questions of staff. Commissioner L'Heureux asked about the view ordinance requirement. Mr. Fisher stated it is in the Agua Hedionda Segment of the Local Coastal Plan and it requires that 33 percent of the project must remain in a view corridor, fences must be open and view corridors are for the public. Commissioner L’Heureux asked if the empty lot behind this property will have the same view corridor requirements. Mr. Fisher stated it is speculative but stated he believes the project will have to preserve views along Chinquapin. Mr. Neu commented that if that lot were to develop he would expect Coastal Commission staff to require the same view corridor. He added the requirements are similar to those for Ocean Street and Shore Drive. Planning Commission Minutes September 2, 2015 Page 4 Commissioner Siekmann asked for clarification regarding the view corridors and the issues regarding City Council Policy No. 44. Mr. Fisher stated Because of the confinements and restrictions of the property having to provide 33% as open, the front doors cannot be in the front of the house. Commissioner Siekmann asked if the view corridor is a Coastal Commission issue. Mr. Fisher commented that staff is not looking at the Coastal Commission requirements at this time; however, the project does meet those requirements. Commissioner Segall asked if there is a way to guarantee that the view corridor would remain if that vacant lot is developed. Mr. Neu stated the view corridors are taken from the public road to the lagoon. Commissioner Segall asked if there would be something documented on the property title for this property that indicates that the greenery which is owned by SDG&E could at some point be sold. Mr. Neu stated that type of disclosure is not proposed for this project. He stated that that is more of a private issue. Mr. Neu commented that Condition No. 21 of Resolution No. 7120 requires that the developer display a current zoning and current land use map in the sales office or inside each unit. The intent is to show potential buyers that the vacant land is zoned for development. Commissioner Anderson asked if the adjacent structures can be no wider than 22 feet. Mr. Neu stated he believes that to be correct if the Commission is referring to maintaining the view corridor that has been discussed. Mr. Kemp addressed Commissioner Segall's comments stating the county recorder will record the notice of restriction, and they can only record items that will touch the title of the property. Mr. Kemp added that notices documenting activity on adjacent properties most likely would not record. Vice Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Kevin Dunn, 3005 South El Camino Real, San Clemente, commented that he has talked with several different planners at Coastal Commission and commented that their opinion is that the adjacent property owner would have to work with the city. He added that for this project, the decks, cornered windows, etc., have been strategically placed to take advantage of the views. He stated that they have accepted the fact that the potential is high for that adjacent vacant property to develop. Vice Chairperson Anderson asked if there were any questions of the applicant. Commissioner Siekmann asked if they have considered building the homes to be solar ready. Mr. Dunn stated the homes are wired for solar but they feel it is a personal decision for the homeowner to make as to whether to install solar panels. Commissioner L'Heureux asked about the two single car garages. Mr. Dunn stated that the homes were designed that way to create a difference in the architecture. Vice Chairperson Anderson commented on the custom look of the homes. Mr. Dunn stated the proposed homes are more contemporary with some coastal architecture. Vice Chairperson Anderson asked about the terracotta color for some of the accents. Mr. Dunn stated it will not be as bright as depicted in the presentation and exhibits. The color will be more subtle. Vice Chairperson Anderson asked if the homeowners will be able to change those colors in the future. Mr. Dunn stated that there will be an HOA with CC&Rs that include architectural guidelines so changes such as that would have to be approved by the HOA. Any other changes such as structural changes would have to be submitted to the city. Vice Chairperson Anderson asked if there any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, Vice Chairperson Anderson opened and closed public testimony on Agenda Item 3. DISCUSSION Commissioner Segall stated he can support the project. Commissioner Siekmann stated she likes the project and can support the project. Planning Commission Minutes September 2, 2015 Page 5 Commissioner L'Heureux stated he can support the project. Vice Chairperson Anderson stated she can also support the project. MOTION ACTION: Motion by Commissioner L’Heureux and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7120 approving Planned Development Permit (PUD 15-04), Site Development Plan (SDP 15-03), and Tentative Parcel Map (MS 15-02), based upon the findings and subject to the conditions contained therein. VOTE: 4-0 AYES: Vice Chairperson Anderson, Commissioner L’Heureux, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black and Commissioner Montgomery ABSTAIN: None Vice Chairperson Anderson closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. CT 14-06/HDP 14-05/HMP 15-03 – AFTON WAY – Request for approval of a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit to allow for the demolition of an existing single-family home and the grading and subdivision of a 4.94- acre parcel into eight (8) single-family lots, one (1) open space lot and one (1) detention basin lot. The proposal also involves the extension of Afton Way, a public road. The property is addressed as 2200 Afton Way and is located within Local Facilities Management Plan Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In- Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Vice Chairperson Anderson asked if there were any questions of staff. Commissioner Segall asked what a remainder lot is. Ms. Werneke stated that a remainder lot is not for sale, lease or financing and it cannot be conditioned. Mr. Kemp stated it takes away the city's ability to condition the lot. The owner of the lot would have to go through the approval process for any development. There is an open space easement on that lot that will exclude any future development. Commissioner Segall asked about the panhandle lots and the driveways. Ms. Werneke stated the panhandle lots will have a shared driveway and shared maintenance responsibility. Commissioner Siekmann asked about the detention basin. Jason Geldert, Engineering Manager, stated the detention basin is on the lower portion of the site towards Carlsbad Village Drive and it is designed to treat a certain amount of water and the overflow would drain out to Carlsbad Village Drive. Commissioner Siekmann asked if the detention basis will protect drainage from going into the developed lot. Mr. Geldert stated yes, the lot below will be protected by the basin. Commissioner Siekmann asked about runoff from the higher lots. Mr. Geldert stated several lots will receive offsite water and it will be conveyed to Afton Way. Commissioner Siekmann inquired about Lot 1 having runoff. Mr. Geldert stated Lot 1 will receive water from offsite and those homeowners will sign a notice regarding that. Commissioner L'Heureux asked about access for Lot 10. Ms. Werneke stated that that lot will be accessed from the northern portion of the site. She added that the HMP permit covers Lots 1-8 and the detention basin. Planning Commission Minutes September 2, 2015 Page 6 Vice Chairperson Anderson asked if the remainder lot will be maintained by the HOA. Ms. Werneke stated that is the applicant's intention. Vice Chairperson Anderson asked why the remainder lot is unbuildable and why that acreage cannot be counted towards open space. Ms. Werneke replied that the applicant did not proceed with a zone change for that lot and it was not required. Vice Chairperson Anderson asked about the tree species along Carlsbad Village Drive. Ms. Werneke commented that the wall is a fairly tall wall and the intent is to soften the appearance of it. Vice Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Blair Pruett, 1236 Hygeia Avenue, Encinitas, representing the applicant Presidio Mana Investments LLC, stated he would be available to answer questions. Vice Chairperson Anderson asked if there were any questions of the applicant. Commissioner L'Heureux stated he is very concerned about the retaining wall along Carlsbad Village Drive and he also concerned about Lot 10. He commented that it is his experience that the landscaping never grows to cover those large retaining walls. Mr. Pruitt stated that as it relates to their effort, they are inheriting something that is currently maintained by the city. One effort he has proposed with this application to improve the situation is to plant street trees. There will also be an HOA to help with maintenance of that retaining wall. Commissioner L’Heureux asked if the existing tree will be typical of what is to be planted. Ms. Werneke added that was is proposed for new street trees, vines and groundcover to be planted along the base of the retaining wall along Carlsbad Village Drive and existing dead trees will be removed. Mr. Neu commented that the proposed trees to be planted will be Brisbane Box trees which are a relative to the eucalyptus tree. Regarding Lot 10, Mr. Pruett stated it will be an open space lot and they have no intention of doing anything with that lot and the HOA will be expected to maintain the lot. He added that none of the existing vegetation will be removed. Commissioner L’Heureux asked where the access point will be for Lot 10. Mr. Pruett stated it will be located at the rear yard of Lot 7. Commissioner L’Heureux asked if an easement will be secured in order to have access. Mr. Pruett stated yes. Ms. Werneke stated that that can be addressed through the CC&Rs during the plancheck process. Commissioner L’Heureux commented that he would like to see some sort of mechanism such as a recorded easement that alerts the homeowners of Lot 7 that access through their lot might be necessary for maintenance of Lot 10. Mr. Geldert stated to have an easement for access on that lot would put more restrictions on the property. A better way to address the issue would be through the CC&Rs. Commissioner L'Heureux stated that he would like to have some mechanism to allow the HOA legal access Lot 10 if necessary. Commissioner Siekmann commented that the Landscape Concept Plan clearly notes that the HOA will maintain the landscaping along Carlsbad Village Drive including the open space lot. Ms. Werneke commented that the concern is that Lot 10 has some steep slopes and it is heavily vegetated, and once the lots are developed it should be on record that access to Lot 10 for maintenance should be through Lot 7. Mr. Geldert added that there are several ways to handle the access issue and he is confident it can be handled through the CC&Rs. Commissioner Siekmann asked about recycled water for the landscaping. Mr. Pruett stated that is a city requirement to use recycled water when possible. Mr. Geldert added that the landscaping will be designed with a separate meter for potable water with the recycled water pipes installed so that when recycled water is available, it will be connected. Commissioner Siekmann asked how the retaining wall be watered. Mr. Geldert stated that landscape irrigation will run along Carlsbad Village Drive. Commissioner Siekmann also asked about any concerns from the adjacent neighborhood. Mr. Pruett stated they have held a series of outreach meetings. Commissioner Siekmann asked if the neighbors were satisfied after attending those meetings. Mr. Pruett stated for the most part their neighbors’ concerns have been addressed. Vice Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Vice Chairperson Anderson opened public testimony on Agenda Item 4. Planning Commission Minutes September 2, 2015 Page 7 Pamela Boling, resident on Falcon Drive, Carlsbad, commented that she would like to have the fire lane moved as it backs up to a big black fence. She stated she would also like to have fire access to the back part of her property. Ms. Boling stated her concern about the habitat in the trees that will be removed, and asked if the applicant will replant the trees that were cut down by the land surveyors. She further stated she would like public access if something was ever developed on that vacant lot. Ms. Boling added that she would like the utility pole on her property to be undergrounded as she commented that their house is the only house connected to that power line and they have paid into the underground utilities fee since 1985. Vice Chairperson Anderson asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony and asked the applicant to respond to the issues the speaker raised. Mr. Pruett commented that they have talked with Ms. Boling at a previous neighborhood meeting. In regard to the request for access to the back of her property, from a health and safety standpoint, he believes her concerns should be alleviated as the fire access will be improved with this development. The overhead utility lines will be underground for those lines serving this project; however the utility pole on her property services a broader reach than just her property. In regard to the trees, Mr. Pruett stated they were informed by the Fire Department to remove some of the trees, and as far as the land surveyor cutting down trees he cannot answer that. Ron Holloway, BHA 5115 Avenida Encinas, stated they messed up as far as the removal of the trees by the surveyors. Commissioner Siekmann asked if the trees have been replaced. Mr. Holloway stated that replanting of the trees was offered but the offer was declined, and it has been over a year. Commissioner Segall asked if the speaker is requesting to have the utility pole on her property undergrounded. Mr. Kemp stated the city does have undergrounding districts, and the city does have access to funds from SDG&E. Mr. Kemp stated the city does receive funds from SDG&E to underground utility lines usually that are in the right-of-way. In the past, the city will establish a district and the individual homeowners are responsible to underground the lines that are on their property that would connect their personal property to the line. Mr. Kemp stated that in this particular instance, because he has heard different versions, he is not sure how it would be handled. Generally, SDG&E collects Rule 28 funds, and the city has a policy related to how those lines are undergrounded. Commissioner Segall asked if this applicant is obligated to underground a power pole on Ms. Boling’s property. Mr. Kemp stated no, that under the Subdivision Ordinance, an applicant is required to underground utilities that are on their property. Mr. Pruett offered a not-to-exceed amount for their consultant to look at Ms. Boling’s property to come to some resolution regarding the power pole. Vice Chairperson Anderson asked if there is a way for Ms. Boling to contact the city to get on the list of projects for undergrounding. Mr. Kemp stated Ms. Boling can petition the city to look into it. There is an ordinance dealing with the undergrounding of utilities. Ms. Werneke stated that with respect to the removal of the trees, Condition No. 21 of Resolution No. 7122 addresses the timing for the removal of trees. The applicant did hire a biologist to prepare a survey for the project. It is currently unoccupied habitat; however if any trees are removed during the nesting season, a biologist would be required to walk the site to determine if there any active nests on the property. DISCUSSION Commissioner Segall stated he can support the project. Commissioner Siekmann stated she can also support the project. Commissioner L'Heureux commented that he appreciates the applicant's outreach and stated he can support the project; however, he is still concerned about the landscaping maintenance on lot 10. Vice Chairperson Anderson stated she can also support the project. Planning Commission Minutes September 2, 2015 Page 8 MOTION ACTION: Motion by Commissioner L’Heureux and duly seconded by Commissioner Siekmann That the Planning Commission adopt Planning Commission Resolution No. 7122 approving Tentative Tract Map CT 14-06, Hillside Development Permit HDP 14-05, and Habitat Management Plan Permit HMP 15-03, based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Vice Chairperson Anderson, Commissioner L’Heureux, , Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black and Commissioner Montgomery ABSTAIN: None Vice Chairperson Anderson closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. ELECTION OF OFFICERS – The Commission will elect a Chairperson and Vice Chairperson. Vice Chairperson Anderson asked for nominations for Chairperson for the remainder of 2015. Commissioner Siekmann nominated Vice Chairperson Anderson for the position of Chairperson. Vice Chairperson Anderson asked if there were any other nominations. Seeing none, she called for a vote. A motion was made by Commissioner Siekmann and seconded by Commissioner Segall to nominate Vice Chairperson Anderson for Chairperson. By a 4-0 vote, the Commission elected Vice Chairperson Anderson as Chairperson. Chairperson Anderson asked for nominations for Vice Chairperson for the remainder of 2015. Commissioner Siekmann nominated Commissioner Segall for the position of Vice Chairperson. Chairperson Anderson asked if there were any other nominations. Seeing none, she called for a vote. A motion was made by Commissioner Siekmann and seconded by Commissioner L’Heureux to nominate Commissioner Segall for Vice Chairperson. By a 4-0 vote, the Commission elected Commissioner Segall as Vice Chairperson. Chairperson Anderson closed the public hearing on Agenda Item 5. COMMISSION COMMENTS Commissioner Segall reported out on his recent planning session for the upcoming League of California Cities Planning Commissioner Academy. CITY PLANNER COMMENTS Mr. Neu commented that the General Plan Update will go before the City Council on September 22, 2015. Mr. Neu added that the Council did pass a Resolution of Intention regarding the development of an ordinance for indoor shooting ranges. CITY ATTORNEY COMMENTS None. Planning Commission Minutes September 2, 2015 Page 9 ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of September 2, 2015 was adjourned at 8:35p.m. (l~ DON NEU City Planner Bridget Desmarais Minutes Clerk