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Home My WebLink About2012-01-04; Planning Commission; MinutesPlanning Commission Minutes January 4,2012 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: January 4, 2012 Place Of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Schumacher called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Nygaard led the Pledge of Allegiance. ROLL CALL Present: Chairperson Schumacher, Commissioners Black, L'Heureux, Nygaard, Scully, Schumacher and Siekmann Absent: Commissioner Arnold STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Dan Halverson, Assistant Planner Corey Funk, Associate Planner Glen Van Peski, Engineering Manager PROCLAMATION Chairperson Schumacher presented Commissioner L'Heureux with a proclamation and thanked him for his service as Chairperson of the Planning Commission during 2011. APPROVAL OF MINUTES Chairperson Schumacher asked if there were any corrections or revisions to the minutes of the meeting from December 7, 2011. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of December 7, 2011. VOTE: 6-0-1 AYES: Chairperson Schumacher, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Arnold ABSTAIN: None Chairperson Schumacher 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 January 4,2012 Page 2 PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Schumacher asked Mr. Neu to introduce the first item. 1. CDP 11-18 - PALENSCAR RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a new 2,035 square foot, two-story single-family residence with an attached three car garage on a 0.33-acre lot located at 3798 Highland Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. 2. CDP 11-19 - CARLSBAD MUNICIPAL GOLF COURSE MAPPING - Request for a determination that the project is within the scope of the previously certified City of Carlsbad Municipal Golf Course Program EIR (EIR 97-01); and approval, for that portion of the project site which is within the coastal zone, of Coastal Development Permit CDP 11-19 to subdivide 504.7 acres into six golf course lots, three future development lots, and one future park lot on property generally located north of Palomar Airport Road, east and west of College Boulevard, and south of Faraday Avenue within the boundaries of the City of Carlsbad Municipal Golf Course in Local Facilities Management Zones 5 and 8. 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. In regards to Agenda Item 1, Commissioner L'Heureux asked if the project will require the installation of curb, gutter, and streetlights or if those improvements will be part of a future neighborhood agreement. Glen Van Peski, Engineering Manager, stated that Highland Drive is an alternative design street. The project is conditioned to execute a neighborhood improvement agreement and will not actually be constructing any improvements. Chairperson Schumacher asked if any member of the audience wished to address Agenda Items 1 or 2. Seeing none, he opened and closed public testimony. ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission approve Agenda Items 1 and 2. VOTE: 6-0-1 AYES: Chairperson Schumacher, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Commissioner Arnold ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Items 1 and 2 and asked Mr. Neu to introduce the next item. 3. GPA 10-02 - AIRPORT LAND USE COMPATIBILITY - A request for a recommendation of approval for a General Plan Amendment and an amendment to the City of Carlsbad Noise Guidelines Manual to ensure their consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (as amended March 4, 2010). Planning Commission Minutes January 4,2012 Page 3 Mr. Neu introduced Agenda Item 3 and stated Associate Planner Corey Funk would make the Staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 3. Mr. Funk gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher acknowledged receipt of an errata sheet regarding Agenda Item 3. Chairperson Schumacher asked if there were any questions of Staff. Commissioner L'Heureux asked if there have been any plane crashes in Zone 6. Mr. Funk stated there was a plane crash in the open space along El Fuerte Street within Zone 6, Commissioner Nygaard asked if there are any legal impacts about the override and the legal impacts to the City. Ms. Mobaldi stated the Public Utilities Code provides that if the City votes by 2/3rds vote to override a decision or recommendation of the Land Use Commission, that the operator of the airport, which is the county, will no longer be liable for any damages resulting, directly or indirectly, from the override. The City's view is that that immunity for the operator of the airport is limited to the specific subject matter of the override. Ms. Mobaldi clarified that it does not mean that the City is liable or that anyone else is liable. The statute does not determine liability; it merely states that the operator is immune from liability with regard to the override. Chairperson Schumacher asked if there were any other questions of Staff. Chairperson Schumacher asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. DISCUSSION Commissioner Nygaard stated the City is merely complying with what the county is requiring. She stated she can approve the project. Commissioner L'Heureux stated he can also support the project Commissioner Black stated he can accept the changes and he can support the item. Commissioner Scully stated her concurrence with her fellow Commissbners and that she can also support the project. Commissioner Siekmann also stated she can support the project. Chairperson Schumacher stated he can also support the project. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6855 recommending approval of GPA 10-02 based on the findings contained therein including the errata sheet dated January 4, 2012. VOTE: 6-0-1 AYES: Chairperson Schumacher, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Arnold ABSTAIN: None Planning Commission Minutes January 4,2012 Page 4 Chairperson Schumacher closed the public hearing on Agenda Item 3 and thanked Staff for their presentations. COMMISSION COMMENTS Commissioner Nygaard and Commissioner Black congratulated Chairperson Schumacher and Vice Chairperson Siekmann on a nice first meeting ofthe year. Commissioner Siekmann thanked Commission L'Heureux for his time as Chairperson in 2011. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of January 4, 2012, was adjourned at 6:24 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk