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HomeMy WebLinkAbout2012-10-03; Planning Commission; MinutesPlanning Commission Minutes October 3, 2012 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: October 3, 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 Siekmann led the Pledge of Allegiance. ROLL CALL Present: Chairperson Schumacher, Commissioners Arnold, L’Heureux, Nygaard, Scully and Siekmann Absent: Commissioner Black STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Pam Drew, Associate Planner Chris Garcia, Junior Planner Greg Fisher, Assistant Planner Austin Silva, Assistant Planner Glen Van Peski, Engineering Manager APPROVAL OF MINUTES Chairperson Schumacher asked if there were any corrections or revisions to the minutes of the meeting from September 5, 2012. Commissioner Arnold stated that his comments on page 4 needed to be clarified by reviewing the transcripts of the meeting. Jane Mobaldi, Assistant City Attorney, suggested that the approval of the minutes be continued. MOTION ACTION: Motion by Commissioner Nygaard and duly seconded, that the Planning Commission continue approval of the minutes from the Regular Meeting of September 5, 2012. VOTE: 5-0-2 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L’Heureux, Commissioner Nygaard, and Commissioner Scully NOES: None ABSENT: Commissioner Black ABSTAIN: Commissioner Siekmann Planning Commission Minutes October 3, 2012 Page 2 APPROVAL OF WORKSHOP MINUTES Chairperson Schumacher asked if there were any corrections or revisions to the minutes of the workshop from September 12, 2012. MOTION ACTION: Motion by Commissioner Scully, and duly seconded, that the Planning Commission approve the minutes from the workshop of September 12, 2012. VOTE: 6-0-1 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L’Heureux, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Commissioner Black 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. 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. CUP 260(D) - PALOMAR TRANSFER STATION – Request for a recommendation of approval of a Conditional Use Permit Amendment and a retroactive ten year extension to allow the: 1) expansion of the existing transfer station tipping bay structure; 2) collection of universal waste; and 3) collection of home-generated sharps needles on a site located on the east side of Orion Street between Faraday Avenue and El Camino Real and within Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Pam Drew would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 1. Ms. Drew gave a brief presentation and stated she would be available to answer any questions. Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Tyler Overton, representing Republic Services at the Palomar Transfer Station, 5960 El Camino Real, stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of the applicant. Commissioner L’Heureux asked why the project took so long in processing. Mr. Overton stated there were difficulties with the project design on their part. Commissioner Siekmann asked where the paper and plastic will be sorted. Mr. Overton stated those items are separated out in a different unloading bay. Planning Commission Minutes October 3, 2012 Page 3 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 project will be a help for the transfer station and that she can support the project. Commissioner Arnold stated his support of the project. Commissioner L’Heureux stated he too can support the project. Commissioner Scully stated she can support the project. Commissioner Siekmann stated she also supports the project. Chairperson Schumacher stated he supports the project. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6907 recommending approval of a retroactive ten year extension of CUP 260, based upon the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L’Heureux, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: ABSENT: Commissioner Black ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next agenda item. 2. CUP 12-09 – FORTIS FITNESS & STRENGTH – Request for a Conditional Use Permit to allow Fortis Fitness & Strength to operate a specialty fitness gym in a vacant 10,566 square foot space located within an existing office/industrial development on property located at 2712 Gateway Road, in the P-M Zone and in Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 2 and stated Junior Planner Chris Garcia would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 2. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher acknowledged receipt of 8 letters of support of the project from building owners in the development. Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Mike Howes, 2888 Loker Ave East Suite 217, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Jamie McCann, president of JMRC Real Estate, thanked Staff for their work on the project and stated he would be available to answer any questions. Planning Commission Minutes October 3, 2012 Page 4 Chairperson Schumacher 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 Schumacher opened and closed public testimony. DISCUSSION Commissioner Nygaard stated her support of the project. She commented that she was initially concerned about the parking; however, those concerns have been addressed by Staff. Commissioner Arnold agreed with Commissioner Nygaard and stated his support of the project. Commissioner L’Heureux commented on his initial concern over the need for another gym in the city, but stated he can support the project. Commissioner Scully stated she can support the project and echoed the concerns of her fellow Commissioners regarding the parking. Commissioner Siekmann agreed with her fellow Commissioners. She stated she can support the project. Chairperson Schumacher stated he too had initial concerns with parking however Staff was able to address those concerns. He stated he can support the project. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6908 approving CUP 12-09 for a period of 10 years, based upon the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L’Heureux, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Black ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next agenda item. 3. CDP 12-13 – ZEPHYR COURT SUBDIVISION – Request for approval of a Coastal Development Permit to allow for the construction of 16 single family residences on a 5.64 acre site generally located on the east side of Black Rail Road, south of Poinsettia Lane, in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 20. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Greg Fisher would make the staff presentation. Chairperson Schumacher 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 Schumacher acknowledged receipt of an errata for Agenda Item 3 pertaining to Resolution No. 6909. Chairperson Schumacher asked if there were any questions of Staff. Planning Commission Minutes October 3, 2012 Page 5 Commissioner Scully asked if other homes besides the four designated lots will be able to park an RV onsite. Mr. Fisher stated any other lots would be required to apply for a variance to park an RV onsite because it will be located within the front yard setback. Commissioner Scully asked if a variance would be approved then greater than 25% of the homes would allow RV parking. Mr. Fisher stated that was correct. Commissioner Siekmann asked if the one story homes could be converted into a two story home in the future. Mr. Fisher stated yes. Commissioner Siekmann asked about the potential second water tank and the CC&Rs and if it would be very clear to potential homeowners that a second water tank could be built on the site next door. Mr. Fisher stated the project has been conditioned to file a Notice of Restriction stating the conditions of the project and the use on the adjacent property. Chairperson Schumacher asked if the applicant wished to make a presentation. Dan Niebaum, representing the Lightfoot Planning Group, 5900 Pasteur Court, Carlsbad, stated that there will be 4 lots available with RV parking. He commented that he is agreeable to any required disclosure regarding a potential additional water tank. John Sherwood, director of Land and Planning for New Home Communities, 95 Enterprise, Aliso Viejo, gave a brief presentation, and stated he concurs with the recommendations from staff. Chairperson Schumacher asked if there were any questions of the applicant. Commissioner Siekmann asked if the homes would be positioned for future solar optimization. Mr. Sherwood stated they will offer an option for the homes to have solar. Commissioner Siekmann asked if the project will seek LEED certification. Mr. Sherwood stated the project will exceed the minimum standards but they will not seek LEED certification. Commissioner Siekmann asked how the applicant planned on advising potential homeowners regarding the water tank. Mr. Sherwood stated the CC&Rs were developed with the previously approved project in 2007. The CC&Rs will be updated and will be recorded to match what the project is today. There will be a disclosure that each buyer will sign that references the water tanks. Commissioner Siekmann asked what construction materials will be used for the driveways. Mr. Sherwood stated that the driveways are typically made out of concrete. Commissioner Scully asked if this is a self-contained development and not part of the Aviara association. Mr. Sherwood stated that was correct. Commissioner Scully asked if there will be an elected board that will serve as an HOA and control landscaping and architecture for the community. Mr. Sherwood stated that was correct. Commissioner L’Heureux asked if the CC&Rs and disclosures cover the possibility of a second tank. Mr. Sherwood stated yes. Commissioner Arnold asked if there is a trail on the eastern edge of the project. Mr. Sherwood stated it is actually a sewer easement. Commissioner Nygaard asked about landscaping around the potential future tank and stated she would like to see enhanced landscaping. Mr. Fisher stated that the proposed trees on the slopes will be privately maintained by the homeowners. Behind the trees is an open railing fence and between that fence and the fence that borders the water tank property is about 7 feet with a brow ditch. Between those two fences there will be a screening bush around the entire perimeter of this project. Mr. Fisher stated that bush will serve as a screen for the property owners below and will be about 10 feet tall when fully grown. Commissioner L’Heureux inquired about the habitat on the far-east side of the property. Mr. Sherwood stated that there is a condition regarding that area which requires it to be deeded or controlled by a non-profit organization with an endowment. Mr. Sherwood stated that what they are pursuing is having the area managed by the HOA. Commissioner L’Heureux asked about the slope to the east if it will be accessible to the homeowners. Mr. Sherwood stated that is a fairly steep slope and is more of an amenity than for access. Planning Commission Minutes October 3, 2012 Page 6 Commissioner Siekmann stated that when she asked about the water tanks she clarified that she was speaking of the possible future tank. She asked if the disclosures would refer to a third possible water tank on the adjacent property. Mr. Sherwood stated yes. Mr. Fisher referred to Condition No. 24 of Planning Commission Resolution No. 6909. Chairperson Schumacher opened public testimony on Agenda Item 3. Tani Lawrence, 1593 Corte Orchidia, Carlsbad, asked the City to work with the builder regarding noise and construction hours. She stated the current ordinance regarding noise and construction hours was last updated in 1978. Ms. Lawrence requested the work hours be restricted to 7:00 a.m. – 6:00 at a maximum. Ms. Lawrence also asked if the builder had a price range. Chairperson Schumacher asked if there were any other members of the audience who wished to speak on the item. Seeing none, asked if the applicant wished to respond to the issues raised during public testimony. Mr. Sherwood appreciates the concerns of the neighbors on projects and he understands the rules in place at this time. He stated the price range cannot be determined until the project is opened. Commissioner Scully asked if there have been any scoping meetings with the community. Mr. Sherwood stated no. Chairperson Schumacher asked if there were any further questions of the applicant. Seeing none, he asked if there were any further questions of staff. Commissioner Nygaard asked staff to review the current construction hours and noise requirements. Ms. Mobaldi clarified for Ms. Lawrence that the Planning Commission is not a legislative body so the Commission does not have the authority to change any ordinances. Mr. Neu stated that the municipal code currently regulates the construction hours for noise. The work hours are 7:00 a.m. to sunset Monday through Friday, and 8:00 a.m. to sunset on Saturdays. Mr. Neu stated he is aware that City Staff is proposing changes to address some of the issues raised tonight. That item would go straight to City Council for consideration. Mr. Neu stated staff would recommend that no special hours be placed on this project so that the inspection staff is able to evenly administer the current code and process throughout the city. Commissioner Siekmann asked for clarification regarding the habitat management for the 2 open space lots. Mr. Fisher stated that currently the developer will need select a conservation entity which would typically not include the HOA. Because the habitat is such a small site, only 1,800 square feet, it is possible that the applicant will not be able find an entity to manage it. The applicant will need to research this option and if it is not possible, the alternative would be to have the HOA maintain the site. Commissioner Siekmann asked if the entity has to be an entity approved to do conservation management. Ms. Mobaldi stated yes, that a conservation entity is a term that is defined in the state codes and they are typically non-profits that are set up specifically for the purpose of managing habitat and conservation easements. Commissioner L’Heureux asked if the condition would need to be adjusted if an approved entity is not retained for the habitat preservation. Mr. Neu stated it could be done through staff. Basically, not using an approved conservation entity is the last resort. Because the size of this habitat area is small, it makes it a high likelihood that it will most likely be maintained by the HOA. Mr. Neu stated the CC&Rs would contain provisions regarding that obligation and staff would work with the applicant regarding funding. Ms. Mobaldi stated it is done through a substantial conformance finding stating the applicant is meeting the intent of the condition. Commissioner L’Heureux asked if the existing language is sufficient to address the potential for an HOA to maintain the area. Mr. Neu stated Condition No. 25 is a standard condition which addresses those issues. He commented that there are at least one or two developments that currently do this and there a few properties that, prior to the Habitat Management Plan approval, take some responsibility of maintaining at least the edge areas of the habitat. Staff did not want to put the developer in a situation where the condition would not be fulfilled. Commissioner L’Heureux asked in the Planning Commission Minutes October 3, 2012 Page 7 case the where an HOA cannot maintain the habitat area, if the city has the ability to assess the property. Mr. Neu stated that if that is established in the CC&Rs, there would be an ability to have someone do the work and then put a lien or an assessment on the properties involved. Typically with the CC&Rs there is provision for the open space lots or parcels that have a city restriction or requirement that the city has that ability should it be needed. Commissioner Siekmann asked who from the city would do that job. Mr. Neu stated the city currently contracts with a preserve steward for oversight of the management of preserve areas. Chairperson Schumacher closed the public testimony. DISCUSSION Commissioner Nygaard stated she is pleased with the design of the neighborhood. With regard to the RV parking, she is happy to see some lots with the RV spaces. Commissioner Nygaard commented that there will be the disclosure regarding the water tanks. She stated she is sympathetic to the neighbors regarding the noise. Commissioner Nygaard stated she can support the project. Commissioner Arnold stated this is one of the best projects he has seen in the City. The architecture is spectacular and the lot sizes are nice. It is really a great project that will be a tribute to the community. Concerning the neighbors, he does believe that everyone should try to be a good neighbor and try to be as conscientious as possible. Commissioner L’Heureux also feels this is one of the best projects the city has seen in a long time. He thanked Staff on the clarification in the resolution regarding the steep slopes. Commissioner L’Heureux stated can support the project. Commissioner Scully stated she lives in this area and has walked by this development for a long time. She feels the homes are conducive to the Aviara area. She is concerned with the RV parking; however she understands that it is governed under a separate entity. Regarding the noise, she would have liked to have seen more neighborhood meetings to alleviate any potential issues with the construction. Commissioner Scully stated she can support the project. Commissioner Siekmann commended the builder and the architect on the proposed homes. She is satisfied with the clarification on the preserve habitat areas and future disclosure of the potential third tank. She stated she can support the project. Chairperson Schumacher agreed with the comments regarding the project design and stated he can support the project. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6909 approving Coastal Development Permit CDP 12-13, based upon the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L’Heureux, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Black ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next agenda item. Planning Commission Minutes October 3, 2012 Page 8 4. SDP 12-02 – DHIMAN GODDARD SCHOOL – Request for approval of a Site Development Permit to develop a 1.05 acre parcel with a 8,570 square foot child care facility located on the southwest corner of College Boulevard and Red Bluff Place in Village Y of the Calavera Hills Master Plan Phase II and in Local Facilities Management Zone 7. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Austin Silva would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 4. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher acknowledged receipt of an errata for Agenda Item 4. Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Sanjeev Dhiman, owner/operator of the proposed school, stated he would be available to answer any questions. Commissioner Scully asked why the 6 foot wall is not around the entire building. She stated she is very concerned about the safety of the children attending the school. Mr. Dhiman explained the wall is a requirement of the city to reduce noise impacts. Andrew Hinman, site manager for Goddard Schools, stated the fence detail is based on the advice of a security consultant. There will be a closed circuit television system with cameras at each corner of the building. Mr. Hinman stated that you cannot see past a solid block fence and that for safety it is better to have an open fence such as the one proposed. Commissioner Scully commented that it only takes a few seconds for something to happen. Mr. Hinman stated that there will be cameras at every corner of the building. Chairperson Schumacher 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 Schumacher opened and closed public testimony. DISCUSSION Commissioner Nygaard stated she is happy to see a daycare opening in the residential community, and she is happy to hear about the security cameras. She stated she can support the project. Commissioner Arnold feels it is a well thought out project that will be an asset to the community. He stated he can support the project. Commissioner L’Heureux stated that he is happy to see the applicant is well versed in the project type. It is important for the community to have projects such as this one. He can support the project. Commissioner Scully commented that the project is very much needed in this area. She commented that the cameras do alleviate some of her concerns. She can support the project. Commissioner Siekmann stated it is a great looking project and can support the project. Chairperson Schumacher stated his concurrence with his fellow Commissioners and can support the project. Planning Commission Minutes October 3, 2012 Page 9 MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6910 approving Site Development Plan (SDP 12-02), based on the findings and subject to the conditions therein. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner L'Heureux, Commissioner Nygaard, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Black ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 4 and thanked Staff for their presentations. COMMISSION COMMENTS Commissioner Siekmann commented that she is attending the city's first Business Academy. Commissioner L'Heureux stated that on October 16 there is a workshop regarding Poseidon. CITY PLANNER COMMENTS Mr. Neu commented that the City Council recently approved the Envision Carlsbad Draft Land Use Plan with a few adjustments. Council directed Staff to review and evaluate four sites for residential or higher density. Those sites include: Basin BJ parcel, Robertson Ranch PA 22, Palomar Oaks Way, and Ponto Townhome Planning Area. Mr. Neu further commented that at the October 2nd City Council Meeting, Gunther's Retail was continued to October 23rd so that a full council would be present. Commissioner Scully asked for clarification on the Ponto site. Mr. Neu responded. CITY ATTORNEY COMMENTS Ms. Mobaldi reminded the Commission of the annual Boards and Commission dinner tomorrow night. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of October 3, 2012, was adjourned at [Ji DON NEU City Planner Bridget Desmarais Minutes Clerk