Loading...
HomeMy WebLinkAbout2013-05-01; Planning Commission; MinutesPlanning Commission Minutes May 1, 2013 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: May 1, 2013 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Siekmann called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson Siekmann, Commissioners Black, L’Heureux, Montgomery, Schumacher, Scully and Segall Absent: None STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Shannon Werneke, Associate Planner Jason Goff, Associate Planner Greg Fisher, Assistant Planner Austin Silva, Assistant Planner Chris Garcia, Junior Planner APPROVAL OF MINUTES Chairperson Siekmann asked if there were any corrections or revisions to the minutes of the meeting from April 3, 2013. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of April 3, 2013. VOTE: 6-0-1 AYES: Chairperson Siekmann, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: Commissioner Black Chairperson Siekmann asked if there were any corrections or revisions to the minutes of the meeting from April 17, 2013. Commissioner Segall stated that on page 5, under “Setbacks,” second sentence, the following be added “…building is setback from the street and the speed limit on the street.” Commissioner Segall also stated that on page 5, third paragraph under “Wayfinding,” the following be added to the first sentence “…since the Planning Commission was promised such in 2001.” Planning Commission Minutes May 1, 2013 Page 2 Chairperson Siekmann stated that on page 3, Item 3, number 3 in the project description should be removed as that was not before the Commission. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of April 17, 2013 as corrected. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item. 2. CDP 13-01 – RAUSCH RESIDENCE - Request for approval of a Coastal Development Permit to allow for the demolition of an existing single-family home and the construction of a new 3,063 square foot single-family residence with an attached two-car garage on a .16 acre lot located at 5310 Carlsbad Boulevard, within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 3. Chairperson Siekmann recused herself from the dais due to a conflict of interest due to her residence being within the project radius. Mr. Neu stated Agenda Item 2 would normally be heard in a public hearing context; however, the project appears 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 Item 2. Vice Chairperson Black asked if any member of the audience wished to address Agenda Item 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded, that the Planning Commission approve Agenda Item 2. VOTE: 6-0 AYES: Vice Chairperson Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Chairperson Siekmann ABSTAIN: None Vice Chairperson Black closed the public hearing on Agenda Item 2. Planning Commission Minutes May 1, 2013 Page 3 Chairperson Siekmann returned to the dais and asked Mr. Neu to introduce the next item. 3. CT 12-06/PUD 12-09 – VISTA LA COSTA CONDOS – Request for approval of a Tentative Tract Map and Planned Development Permit to convert a 19-unit multi-family residential apartment project to air-space condominium ownership on a 0.88-acre infill site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, and in Local Facilities Management Zone 6. Mr. Neu stated Agenda Item 3 would normally be heard in a public hearing context; however, the project appears 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 Item 3. Chairperson Siekmann asked if any member of the audience wished to address Agenda Item 3. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve Agenda Item 3. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 1. GPA 11-05/ZCA 09-03/LCPA 09-02 – CUP CODE AMENDMENTS – A request for a recommendation of approval of a General Plan Amendment, Zone Code Amendment, and Local Coastal Program Amendment to simplify and streamline the development review process for conditional use permits in the nonresidential zones by reassigning the approval authority to the lowest appropriate decision-maker, to amend the text of the General Plan and Zoning Ordinance to provide greater flexibility for a variety of conditional uses in the nonresidential zones, and to amend the Commercial Visitor- Serving Overlay Zone to address minor miscellaneous amendments relating to decision-making authority for conditional uses. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 1. Ms. Werneke gave a detailed presentation and stated she would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Segall asked about the definition of wild animals. Mr. Neu stated the city’s code does not define wild animals, and it would defer to the state. Chairperson Siekmann asked if there were any further questions of Staff. Planning Commission Minutes May 1, 2013 Page 4 Commissioner Black asked about warehousing. Ms. Werneke stated warehousing could be the sole primary use. Commissioner Schumacher asked if there will be a conflict with any existing specific plans. Ms. Werneke stated that in general the specific plans defer to the underlying zone. Ms. Mobaldi stated the specific plan is an overlay over the zoning. The specific plan can be more prohibitive. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Seeing none, Chairperson Siekmann opened and closed public testimony on the item. DISCUSSION Commissioner Schumacher stated that he feels his questions and concerns have been addressed. He feels the changes will streamline the process for the community. He can support the changes and he can support the project. Commissioner Segall proposed modifications to Note 3 on page 34 of Exhibit Y to Planning Commission Resolution No. 6961. The modifications proposed by Commissioner Segall are as follows: The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be designed, developed, assembled, produced, distributed, and/or warehoused manufactured on the premises, as part of that entity’s core business. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. Commissioner Segall stated that he would like to see racetracks approved by the City Council. He also stated that daycare centers should be approved by the Planning Commission Commissioner L’Heureux agrees that there should be as many uses as possible pushed to an administrative decision-making level. However he does not agree with racetracks, hotels/motels, theaters/amphitheaters, golf course, or daycare centers. He would like to have those at a different level. Commissioner Scully agrees with the proposed modifications for the P-M zone. She agrees with the wording for Note 3 as proposed by staff as it provides more flexibility. Commissioner Scully stated she agrees that streamlining the process is a great idea. She stated she can support the project and would like to keep the staff wording for Note 3. Commissioner Montgomery stated he likes the proposed changes. He agrees with the flexibility of the City Planner having more authority. He does support some of the items as proposed by Commissioner Segall. Commissioner Montgomery disagrees with the proposed modifications to Note 3 because of the unintended consequences. Commissioner Black stated he agrees with his fellow Commissioners and that he agrees with the wording as proposed by Commissioner Segall. Commissioner Black also commented that he would like to see “warehousing” taken out of Note 3. He further stated that he agrees with Commissioner Segall with items going to City Council. Chairperson Siekmann asked Ms. Werneke about the intent of the word “warehouse.” She stated “stored.” Chairperson Siekmann asked about “distributed.” Ms. Werneke stated it is intended for items which are required to be delivered. Chairperson Siekmann stated that because many of the items are being pushed down she would like to increase the radius to 600 feet for all notices. She suggested the following items remain at the current decision making level: hotels/motels, theaters, gas stations, pool halls, nightclubs and public meeting halls. With those changes, she stated she can support the project. Commissioner L’Heureux asked if there is a cost associated for a Council to appeal an item. Ms. Mobaldi stated yes there is a cost involved and pointed out that Council is in charge of the fees. Planning Commission Minutes May 1, 2013 Page 5 Commissioner Montgomery suggested that the Commission decide what items move up to the Commission and let the Council decide further. Mr. Neu suggested that the Commission refer to Attachment No. 7 to the Staff Report in making any recommendations for changes. The Commission voted to handle first those items which were set to be administratively approved. Hotels/Motels (attachment 7, page 43) The Planning Commission voted 4-3 (Black, L’Heureux, Segall) to have hotels/motels remain at a Planning Commission level. Racetracks The Planning Commission voted 5-2 (Scully, Segall) to have racetracks remain at a Planning Commission level. Theaters (attachment 5, page 17, entry 56) The Planning Commission voted 7-0 to have theaters to remain as a Planning Commission decision. Amphitheaters (attachment 7, page 19) The Planning Commission voted 4-3 (Montgomery, Scully, Schumacher) to have amphitheaters move from a Planning Commission level to a Council level decision. Athletic fields (attachment 7, page 15) The Planning Commission voted 4-3 (Montgomery, Scully, Segall) to have athletic fields remain as a Planning Commission decision. Golf Courses The Planning Commission voted 6-1 (Montgomery) to have golf courses move from a Planning Commission level to a Council level decision. Childcare (page 13 of proposed ordinance) This issue was withdrawn by Commissioner Segall. Gas Stations (attachment 7, page 18) The Planning Commission voted 5-2 (Montgomery, Segall) to have gas stations remain at a Planning Commission level. Pool Halls/Billiard Parlors (attachment 7, page 19) The Planning Commission voted 6-1 (Segall) to have pool halls/billiard parlors remain at a Planning Commission level. Nightclubs/Dance Clubs/etc (attachment 5, page 11) The Planning Commission voted 5-2 (Black, L’Heureux) to have nightclubs/dance clubs/etc. remain at a Planning Commission decision level. Public Meeting Halls/Exhibit Halls/Museums (attachment 5, page 13) The Planning Commission voted 5-2 (Black, L’Heureux) to have public meeting halls/exhibit halls/museums remain at a Planning Commission level. Planning Commission Minutes May 1, 2013 Page 6 Radius changes This issue was withdrawn by Chairperson Siekmann. Retain Staff’s wording for Footnote 3, page 34, Exhibit “Y” The Planning Commission voted 4-3 (Black, Schumacher, Segall) to retain Staff’s wording for Footnote 3. Wild animals Commissioner Segall stated he is in agreement with the city’s current position regarding wild animals. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6960, 6961 and 6962 recommending approval of GPA 11-05, ZCA 09-03, and LCPA 09-02 based on the findings contained therein including the errata sheet and the modifications as previously stated. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 1. RECESS Chairperson Siekmann called for a 5-minute recess at 7:55 p.m. MEETING CALLED TO ORDER Chairperson Siekmann called the meeting to order at 8:04 p.m. with all Commissioners present and asked Mr. Neu to introduce the next item. 4. CUP 12-13/SUP 12-02 – SDG&E STEEL POLE - Request for approval of a Conditional Use Permit and Special Use Permit to allow the installation, operation, and maintenance of an unmanned Wireless Communication Facility consisting of three (3) panel antennas with associated equipment mounted to an existing SDG&E transmission pole and a 240 square foot above ground equipment shelter within the West Bluff North Homeowners Association property. The project site is generally located along the east side of El Camino Real between Poinsettia Lane and Swallow Lane within an SDG&E utility easement and in Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Greg Fisher would make the staff presentation. Chairperson Siekmann 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 Siekmann asked if there were any questions of Staff. Planning Commission Minutes May 1, 2013 Page 7 Commissioner Segall asked Staff to clarify the location of the equipment room. Staff directed the Commission’s attention to the slide on the screen and pointed out the location of the equipment room. Commissioner Segall asked if the equipment room was in the same location for the project previously approved by the Planning Commission in 2006. Mr. Fisher stated yes. Chairperson Siekmann acknowledged receipt of two letters dated April 3 and April 10, 2013 from Leslie Holiday, Community Association Manager for West Bluff North. The Commission also received an email from Hudson Harris as well as opposition petitions from 26 individuals in the HOA, the site agreement, a copy of the visual of the proposed project, background history of the project. Commissioner Siekmann also acknowledged receipt of a letter from the West Bluff North HOA Board of Directors, and a copy of a homeowner’s ballot. Commissioner L’Heureux asked if the equipment room could be in a different location. Mr. Fisher deferred the question to the applicant. Commissioner Black commented that with the previous project approval, there appears to be a contractual arrangement between the land owner and Sprint. He stated that the location of the equipment room seems to have changed from the previous project to this project proposal. Mr. Fisher deferred to the applicant. Commissioner Scully asked about a notice of restriction. Mr. Fisher stated a notice of restriction was never recorded as the previous project never pulled building permits which would have triggered the need for a notice of restriction. Commissioner Black asked if it is typical that a land owner applies for the permit for a project in situations as this with a cell tower. Mr. Fisher stated no, the property owner typically enters into a contract with the cell company whereas the applicant is then the cell carrier. Commissioner Montgomery asked Staff to elaborate on the other possible locations this project could have been located. Mr. Fisher deferred the question to the applicant. Commissioner Scully asked how this project is exempt if the CC&Rs do not allow for commercial business on the property. Ms. Mobaldi stated that the city does not take into consideration CC&Rs when processing a project. The city has land use authority and the authority to issue a permit. The CC&Rs are within the jurisdiction of the HOA. CC&Rs do not restrict the city from granting approvals and the CC&Rs do not dictate what the city can or cannot approve. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Tim Henion, 1264 Basswood Avenue, Carlsbad, representing Sprint, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Montgomery asked what areas they are trying to provide coverage to. Mr. Henion stated about ½ mile west and east of the site south to the West Bluff shopping center and to the neighborhood to the north. Commissioner Black asked about any background information from the previous approval. Mr. Henion commented he did research after the alternative locations were discussed and stated that the location of the equipment room was always proposed in the same location. Mr. Black commented that in the background information provided to the Commission indicates the equipment room in a different location. Mr. Henion stated the lease for the previous approval was signed in 2007 and the lease shows the equipment room in the same location as it currently is proposed. Commissioner Segall asked if the equipment room can be moved to a different location. Mr. Henion responded that he does not know why the proposed location was selected. Sprint had approval of the HOA board for the location as part of the lease. Mr. Henion stated the equipment room needs to stay within 250 feet of the tower. Planning Commission Minutes May 1, 2013 Page 8 Ms. Mobaldi reminded the Commission that this is a new application. Regardless of the original proposed location of the equipment room, it is not relevant to this project proposal. She commented that the concerns of the homeowners are with the HOA Board and whether or not the Board misused their authority. It is not a determination for the Planning Commission. Commissioner Segall asked if the Commission has the authority to ask the applicant to find another location for the equipment room. Ms. Mobaldi stated the Commission is to look at the application as it is proposed. If the Commission can make the findings for the Conditional Use Permit as proposed, she stated it would not be appropriate to ask the applicant to find another location for the equipment room based on a legal issue that is not before the Commission. Commissioner L’Heureux asked how far the equipment room is from the tower. Mr. Henion stated he believes it is about 180 feet and then about 40 feet up on the tower. Commissioner L’Heureux asked if the height to the panel on the tower is included in the 250 feet. Mr. Henion stated yes and the location was chosen because of the bank of shrubbery which is about the same height as the wall of the equipment room. Commissioner Scully commented that the site agreement the Commission received shows the equipment room in the same location it is currently proposed. Mr. Henion stated that is why the applicant kept the same location as until recently, they were not aware of any homeowner issues. Commissioner Scully stated that it appears the site agreement that the HOA Board signed and appears to show the equipment room in the same location. Chairperson Siekmann asked about the noise the equipment will put off. Mr. Henion stated there is one piece of equipment that has a heat exchanger which has an intake fan. A Noise Study was completed and submitted, and the study indicated that outside the enclosure the noise level will be below 50 decibels. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she opened the public testimony. Helene Allen, 1926 Swallow Lane, Carlsbad, stated her condo is the most impacted by this project and the value of her property will go down if this project proceeds. Commissioner Montgomery asked if the equipment room can be landscaped or screened to her satisfaction. Ms. Allen stated where the equipment room is proposed is where her view is. Maureen Hill, 1920 Swallow Lane, Carlsbad, stated the issue is a lack of disclosure with this project. She would like to see the location of the equipment room changed. Ben Holbert, 1938 Swallow Lane, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Commissioner Scully asked if there were any Board representatives at the meeting. Mr. Holbert stated no. Commissioner Scully asked if the homeowners had gone to the board and asked them to petition on the HOA’s behalf to contact Sprint. Mr. Holbert stated the board verbally stated so in a meeting and it is his understanding that there was a conversation but the answer was that another location for the equipment room would not be considered. Mark Whitmore, 1936 Swallow Lane, Carlsbad, stated his concerns regarding the location of the equipment room. Tracey Salbato, 1950 Swallow Lane, Carlsbad, stated she voted for the Sprint agreement back in 2006 but what they approved is not what was shown to them. Larry Loeber, 1922 Swallow Lane, Carlsbad, stated his support of his neighbors in regards to relocating the equipment box. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony. Planning Commission Minutes May 1, 2013 Page 9 Chairperson Siekmann asked if the applicant wished to respond to any of the issues brought up during public testimony. Mr. Henion stated no. Mr. Fisher stated this application was applied for in December and an early public notice was sent out in late December or early January. He further stated the hedge near the proposed equipment room is currently 5½ to 6 feet tall. He also commented that there is an abundance of common, grassy areas on the eastern part of the property. Commissioner L’Heureux asked the applicant to explain why the equipment box is not located within the SDG&E easement. Mr. Henion stated that it is not allowed by SDG&E. Commissioner Black asked if the equipment room could be located to the west of the SDG&E easement. Mr. Fisher responded and stated the location of the easement on the slide depicted on the screen is just an approximation of the easement and not an accurate rendering. Mr. Fisher stated the actual location of the easement as shown on the plans submitted for the project is further south than what is shown. Because of the setback requirements for the El Camino Real Corridor standards, he does believe there would be enough room to locate the equipment room in that location. DISCUSSION Commissioner Schumacher stated that while it is hard to not feel sympathetic to the homeowners in this case, the issues raised by the public are civil matters which are outside the purview of the Planning Commission. He stated he can make the findings and he can support the project. Commissioner Segall stated he cannot support the project because the location of the equipment box. He feels that the applicant could do a better job in finding a better location. Commissioner L’Heureux stated he is satisfied that the applicant has looked at the various alternatives for the location of the equipment box. He stated he can support the project. Commissioner Scully feels that the equipment box can be located somewhere else. She cannot support the project. Commissioner Montgomery stated he would not mind supporting the project if the facility could be moved as far away from the homes as possible while still staying within the required range of 250 feet from the tower. Ms. Mobaldi stated the Commission would have to approve the project as it is proposed. Commissioner Black concurred with his fellow Commissioners. He stated that he can support the project. Chairperson Siekmann stated she can support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6965 and 6966 approving CUP 12-13 and SUP 12-02 for a period of ten (10) years, based on the findings and subject to the conditions contained therein. VOTE: 4-3 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, and Commissioner Schumacher NOES: Commissioner Montgomery, Commissioner Scully and Commissioner Segall ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 4 and asked Mr. Neu to introduce the next item. Planning Commission Minutes May 1, 2013 Page 10 5. MP 02-03(D)/PUD 06-13(B) – ROBERTSON RANCH PA 17 – Request for approval of a Master Plan Amendment to reduce the percentage of single-story homes required and a Planned Development Permit Amendment to revise the building elevations and plotting for the development of 109 single-family detached homes within Planning Area (PA) 17 of the East Village of the Robertson Ranch Master Plan, generally located north of Cannon Road and west of College Boulevard in Local Facilities Management Zone 14. Mr. Neu introduced Agenda Item 5 and stated Junior Planner Chris Garcia would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 5. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Montgomery asked about the errata sheet and stated he likes the architectural appeal with the pilasters. Mr. Garcia responded. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if applicant wished to make a presentation. Teri McHugh, 12865 Point Del Mar Way, Del Mar, representing Brookfield Homes, gave a brief presentation and stated she would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Segall asked if the rear elevations for the Plans 1, 2 and 3 changed. Ms. McHugh stated those plans have been approved through consistency determinations. Commissioner L’Heureux asked about the pilasters being removed. Ms. McHugh stated the zoning rules do not allow them at the proposed height. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Seeing none, she opened and closed the public testimony on the item. Commissioner Montgomery asked for a minute motion regarding the park site that will sit empty for another 10 years or so. He feels that project should be accelerated. Mr. Garcia stated there is a park for the internal neighborhoods. Commissioner L’Heureux stated he agrees with the comment by Commissioner Montgomery. He feels the timing of the construction of the park should be revisited. Ms. Mobaldi pointed out that the park is a city park not an HOA facility. DISCUSSION Commissioner Schumacher stated these are great refinements to a master plan and he can support the project. Commissioner Segall stated he can support the project. Commissioner L’Heureux thanked the applicant for listening to the public to come up with the proposed changes. He can support the project. Commissioner Scully stated her concurrence with her fellow Commissioners. She can also support the project. Commissioner Montgomery stated he can support the project. Planning Commission Minutes May 1, 2013 Page 11 Commissioner Black stated he can support the project. Chairperson Siekmann stated she can also support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6970 and 6971 approving Master Plan Amendment MP 02-03(D) and Planned Development Permit Amendment PUD 06-13(B) based on the findings and subject to the conditions contained therein including the errata sheet. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None MINUTE MOTION ACTION: Motion by Commissioner Montgomery and duly seconded, that the City Council consider accelerating forward movement on the city park in the Robertson Ranch area in the CIP so it is developed with the development of Robertson Ranch and not at the end. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None MOTION TO EXTEND MEETING The Planning Commission voted 7-0 to extend the meeting until 10:30 p.m. Chairperson Siekmann closed the public hearing on Agenda Item 6 and asked Mr. Neu to introduce the next item. 6. CT 12-05/PUD 12-07/V 12-02 – LA COSTA RESIDENTIAL - Request for a determination that the project is within the scope of the previously certified La Costa Town Square Project EIR and that the Project EIR adequately describes the activity for the purposes of CEQA; and a request for approval of a Tentative Tract Map, Planned Development Permit, and Variance for the subdivision, grading and development of a 9.96-acre previously graded site into 41 lots (32 single-family residential, 5 open space, 1 private street, and 3 private drives) including the development of 32 single-family residences on property generally located on the northwest corner of Paseo Lupino and Rancho Santa Fe Road, in the La Costa Master Plan, Neighborhood SE-14 and Local Facilities Management Zone 11. Mr. Neu introduced Agenda Item 6 and stated Associate Planner Jason Goff would make the staff presentation. Chairperson Siekmann opened the public hearing on Agenda Item 6. Planning Commission Minutes May 1, 2013 Page 12 Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. April Tornillo, representing Taylor Morrison, gave a brief presentation and stated she would be available to answer any questions. Chairperson Siekmann 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, Chairperson Siekmann opened and closed the public testimony. DISCUSSION Commissioner Schumacher stated he can support the project. Commissioner Segall stated he can support the project. Commissioner L’Heureux stated he can also support the project. Commissioner Scully also stated she can support the project. Commissioner Montgomery stated he can support the project. Commissioner Black also stated he can support the project. Chairperson Siekmann can approve the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6967, 6968, and 6969 approving Tentative Tract Map (CT 12-05), Planned Development Permit (PUD 12-07), and Variance (V 12-02), based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 6 and thanked Staff for their presentations. COMMISSION COMMENTS Commissioner Segall asked if future applicants can provide architectural renderings similar to the one for the last agenda item. Mr. Neu stated Staff will review the submittal application requirements and consider adding a requirement that applicants provide a street scene of the proposed residences that include front and rear elevations. CITY PLANNER COMMENTS None. Planning Commission Minutes May 1, 2013 Page 13 CITY ATTORNEY COMMENTS Ms. Mobaldi commented that the Gunther's Retail appeal was granted by the Council overturning the decision of the Planning Commission, and the retail use was approved. She further commented that the Commissioners who are due for ethics training should complete their ethical training online. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 1, 2013, was adjourned at 10:15 p.m. ~/l DON NEU City Planner Bridget Desmarais Minutes Clerk