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HomeMy WebLinkAbout2011-05-04; Planning Commission; MinutesPlanning Commission Minutes May 4,2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: May 4, 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 Chairperson L'Heureux led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Black, Dominguez, Nygaard, Schumacher and Siekmann Absent: Commissioner Montgomery STAFF PRESENT Don Neu, Planning Director Ron Kemp, Deputy City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Van Lynch, Senior Planner Dan Halverson, Assistant Planner Greg Fisher, Assistant Planner Glen Van Peski, Senior Civil Engineer APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meeting from April 6, 2011. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of April 6, 2011. VOTE: 5-0-2 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Nygaard, and Commissioner Siekmann NOES: None ABSENT: Commissioner Montgomery ABSTAIN: Commissioner Schumacher Chairperson L'Heureux directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes May 4, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. CUP 96-08(A)x2 - RDO TOWING CONTRACT SERVICES - Request for a retroactive five year extension of CUP 96-08x1 (A) to allow the continued operation of a vehicle towing service at 6050 Avenida Encinas in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 3. 2. GDP 11-02 - TAMARACK NPI RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a new 3,052 square foot, one-story, single-family residence with an attached three car garage on a 0.24-acre lot located on the southwest corner of Tamarack Avenue and Sheridan Place within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Mr. Neu stated Agenda Items 1 and 2 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 or 2. Chairperson L'Heureux asked if any member of the audience wished to address Agenda Items 1 or 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6772 approving a five year retroactive extension of CUP 96-08x1 (A) based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann NOES: None ABSENT: Commissioner Montgomery ABSTAIN: None MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6775 approving Coastal Development Permit CDP 11-02 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann NOES: None ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Items 1 and 2 and asked Mr. Neu to introduce the next item. Planning Commission Minutes May 4,2011 Page 3 3. CDP 10-20 - ALYSSUM ROAD LOT 8 - Request for approval of a Coastal Development Permit to allow for the construction of a new 2,328 square foot single family residence with attached three car garage on a 0.28-acre lot located at 964 Alyssum Road, in the Mello I Segment of the Local Coastal Program and within Local Facilities Management Zone 4. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Greg Fisher would make the Staff presentation. 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 Nygaard stated that Vista Pacifica HOA submitted a letter requesting that the roof tiles and exterior paint colors match the colors of the existing homes in the development. However, the colors submitted for the project by the applicant appear to be different. Mr. Fisher stated that the applicant will have to comply with the colors as requested by the HOA. Chairperson L'Heureux asked if there were any further questions of Staff. Commissioner Siekmann asked what the allowed building height is for this house. Mr. Fisher stated that the allowed height for this structure is 35 feet, and the proposed structure is 26 feet. Commissioner Dominguez asked what the average lot size is for the existing lots. Mr. Fisher stated this subdivision is considered a small lot subdivision with most of the lots ranging in size from 4,000 to 6, 000 square feet. Commissioner Black asked if the homes are spec homes or if they are already sold. Mr. Fisher deferred the question to the applicant. Commissioner Siekmann inquired about the drainage for the property. Glen Van Peski, Senior Civil Engineer, stated the slopes will drain to the pad and then out to the street which is a typical lot drainage pattern, and drainage will not be an issue during a heavy rainfall. Commissioner Schumacher commented on emails received from Mr. Hicks, a neighbor in the subdivision, and asked if it would be possible to construct this residence to be consistent in appearance to the existing homes because development standards have changed since the subdivision was originally constructed. Mr. Fisher deferred the question to the applicant, but did state that as long as the project meets the underlying zoning standards, the City does not have much discretion as far as the architecture of the residence. Commissioner Nygaard asked if there are existing two story homes in the Vista Pacifica development Mr. Fisher stated there are over 200 homes in the development and approximately 80% are two story homes. Chairperson L'Heureux asked if there were further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Jack Henthorn, Jack Henthorn and Associates, PO Box 237, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Mr. Henthorn stated that the homes will be marketed to the general public, and in regards to the architecture, they made an effort to be consistent with the existing architecture but at the same time offering an improvement on what was approved 20 years ago. 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. Planning Commission Minutes May 4, 2011 Page 4 DISCUSSION Commissioner Nygaard commented that this proposal is far better than the one previously approved, and stated she can support the project. Commissioner Siekmann commented that the project appears to be very appropriate for the lot and for the neighborhood. She stated she can support the project. Commissioner Black commented that the proposed design of the project is appropriate for the neighborhood and stated he can support the project. Commissioner Dominguez stated he can also support the project. Commissioner Schumacher stated his concurrence with his fellow Commissioners and 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. 6774 approving Coastal Development Permit CDP 10-20 based upon the findings and subject to the conditions contained therein and entering into the record the April 28, 2011 letter from Vista Pacifica HOA to Standard Pacific Homes as well as two emails from Mr. James Hicks dated September 16, 2010 and January 18, 2011. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann NOES: None ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 4. CDP 10-19 - ALYSSUM ROAD LOT 9 - Request for approval of a Coastal Development Permit to allow for the construction of a new 2,328 square foot single family residence with attached three car garage on a 0.15-acre lot located at 957 Alyssum Road, in the Mello I Segment of the Local Coastal Program and within Local Facilities Management Zone 4. 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. Commissioner Black asked how the drainage will be mitigated on the left hand side of the lot. Mr. Van Peski stated that the developer will construct a velocity reducing structure as required. The water will drain to swales on the lot and then out to the street. Commissioner Black asked if the pipe will be open at the end or if it will be underground to an underground drainage system. Mr. Van Peski stated it is currently shown to be above ground. Planning Commission Minutes May 4, 2011 Page 5 Chairperson L'Heureux asked if the block wall at the rear of property is on the property line. Mr. Fisher stated the property line goes to the top of the slope and the block wall is on Bay Collection property. Mr. Van Peski stated that it appears there is an HOA lot between this property and the one above it. Chairperson L'Heureux asked if there will be a fence installed to distinguish the HOA lot. Mr. Fisher stated that a fence is not proposed in the plans. Commissioner Dominguez asked how large the collection area is for the drainage as he is concerned that the velocity may be more than a heavy rain storm can handle for the property. Commissioner Dominguez further asked if the collection area is impervious or if it will be a landscaped area. Mr. Van Peski stated he was not sure of the size of the collection area and stated that most of the tributary area is landscaped slope which will help reduce the amount of run-off. Commissioner Dominguez asked if the existing crib wall has the appropriate drainage. Mr. Van Peski stated the existing wall was built to City standards. Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Jack Henthorn, Jack Henthorn and Associates, PO Box 237, Carlsbad, representing Standard Pacific, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked for clarification regarding the area of landscaping between the block wall and the drainage ditch. Mr. Henthorn stated the landscaping is part of an HOA lot with the adjacent subdivision. This property's property line is above the crib wall. Chairperson L'Heureux asked if there will be a fence installed along that property line to delineate this lot from the Bay Collection HOA lot. Mr. Henthorn stated there will be a wrought iron fence or some type of view fence installed. Commissioner Siekmann asked why these two lots were left empty. Mr. Henthorn stated a street was originally proposed for those two lots. Commissioner Black inquired about the drainage for the lot and asked if there is any mitigation proposed. Mr. Henthorn stated there is a swale and there will be adequate energy dissipation and treatment for the water as part of the storm water treatment program. Commissioner Siekmann asked about the sturdiness of the wall. Mr. Van Peski stated there has not been a field review of the wall but it was built with permits to City Standards. Commissioner Siekmann asked who is responsible for maintaining the wall. Mr. Van Peski stated it will be the responsibility of the homeowner as it will be entirely within the lot. 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. 6773 approving Coastal Development Permit CDP 10-19 based upon the findings and subject to the conditions contained therein and entering into the record the April 28, 2011 letter from Vista Pacifica HOA to Standard Pacific Homes as well as two emails from Mr. James Hicks dated September 16, 2010 and January 18, 2011. VOTE: 6-0 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Nygaard, Commissioner Schumacher and Commissioner Siekmann NOES: None ABSENT: Commissioner Montgomery ABSTAIN: None Planning Commission Minutes May 4, 2011 Page 6 Chairperson L'Heureux closed the public hearing on Agenda Item 4 and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu commented that on May 17, 2011, the City Council will hold a workshop and one item they will discuss is the issue regarding rent restrictions on Second Dwelling Units. The workshop will start at 11:00 and will be held at the Faraday Center. Mr. Neu commented that on May 10, 2011, the City Council will appoint 2 new Planning Commission members. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 4, 2011, was adjourned at 6:47 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk