Video index

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL All present

APPROVAL OF MINUTES January 5, 2011 Approved 5-0-1 (Nygaard abstained)

PLANNING COMMISSION PUBLIC HEARING

1. CUP 02-19(B)x1 - VIGILUCCI’S SEAFOOD & STEAKHOUSE - Request for a ten year retroactive extension of CUP 02-19(B) to allow the continued operation of Vigilucci’s Seafood and Steakhouse at 3878 Carlsbad Boulevard in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1.
Resolution No. 6751

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet. Moved by Commissioner Schumacher, no second required.

Staff Report

Commissioner Baker asked if this new requirement could be applied to all restaurants in the City. Mr. Donnell stated the CUP provided the opportunity to include the condition. Jack Henthorn, 237 Carlsbad , representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Public testimony opened and closed. MM pleased to have the restaurant in the community. JN stated the applicant has worked very hard to be a good neighbor and is happy to support the project. BD is happy to hear there are no complaints. MS agrees with fellow commissioners. Appreciates that they are a good neighbor. HL concurs

2. ZCA 10-06/LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE - Request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to add and enact Chapter 21.87 to the Zoning Ordinance, creating procedures and regulations governing requests for reasonable accommodations by people with disabilities to ensure consistency with the federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act. Resolutions No. 6748 and 6749

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet Moved by Commissioner Schumacher, no second required.

Staff Report

Commissioner Baker asked if future property owners need to know about site being out of compliance. Mr. Garcia stated future property owners would be subject to legal non-conforming uses. Mr. Neu stated ti would be treated like a variance so that it conforms. Current code is pretty flexible in terms of setbacks. The distinction is if the structure is easily removable. Commissioner Montgomery asked if someone implements the ordinance the privacy acts are undertaken, how does the city enforce abuse of the system. Mr. Garcia stated there could be a use on many issues but there are..Ms. Mobaldi stated the Dept. of Fair Housing and Employment requires verification from the doctors... Commissioner Dominguez stated this would be an improvement of what the City currently has. He suggested that a line be added for an internal administrative relief in cases of complicated issues to provide facilitation subject to the Planning Director's deicision. Build in arbitration. Ms. Mobaldi ...appealable to the Commission and Council. Commissioner Dominguez asked if it is adequately addressed in Title 21. Ms. Mobaldi stated yes. Public Testimony opened and closed.

3. CDP 10-22 - BARELMANN PROPERTY - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a vacant residential lot at 6479 Surfside Lane, south of Island Way and east of Carlsbad Boulevard, within the Mello II Segment of the City’s Local Coastal Program and within Local Facilities Management Zone 22. Resolution No. 6750

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet Moved by Commissioner Schumacher, no second required.

Corrected Staff Report

Dee Landers, 3746 Hillview Way, Oceanside, gave a brief presentation and stated she would be available to answer any questions. Dave Seeley 6491 Surfside Lane, speaking on behalf the home owner's on Surfside Lane, gave a brief presentation and stated he would be available to answer any questions. staff presentation. Commissioner Montgomery asked if a garden could be grown on this property. R-1 does allow for agricultural uses. Commissioner Dominguez asked if there was a building permit was issued. Ms. Sexton stated yes and explained. Chairperson L'Heureux asked the definition of a community garden. Mr. Neu stated there is not a definition but included in Table A for each zone. Chairperson L'Heureux asked who labeled it as a community garden. Mr. Neu stated the applicant. Design rules. Ms. Mobaldi focused the Commission. It is important to focus on what is being appealed. The issue is the shed. Commissioner Baker asked at what point are sheds required to get a building permit. Mr. Neu stated 120 square feet. ..... Commissioner Dominguez stated he has troubles with a structure being an accessory structure when there is nothing for it to be an accessory to. ?? Barelmann, ??? Surfside Lane, Carlsbad, gave a brief presentation and stated she would be available to answer questions. Commissioner Nygaard asked why the size of shed was selected. Commissioner Baker asked if there was any opportunity to move the shed. It is possible. Bob Barelmann, 6479 Surfside Lane, Carlsbad, gave a brief presentation and stated he would be available to answer questions. Commissioner Nygaard asked about the size of the shed. Mr. Barelmann responded. Commissioner Schumacher asked about the tools. Mr. Barelmann stated everything will be placed in the shed once it is completed. Chairperson L'Heureux asked about the placement of the shed. Chairperson L'Heureux asked for members in support of the appealant. Maryanne Donahue, ??? Surfside Lane, stated she is not against the garden but is opposed to the shed. Lisa ???, 3060 Blencarne Drive, representing the Community Garden Collaborative, stated her support of the shed Ms. Landers stated that in the Planned Development Ordinance it addresses small lot subdivisions. Commissioner Dominguez asked if there were any discussions for CC&Rs during the preparation of CC&Rs. Ms. Landers responded. public testimony closed. Commissioner Montgomery stated that if the garden is done correctly it could be a great addition. He stated his support of the applicant and of the shed. Commissioner Nygaard stated that while it does not really fit the Commission needs to make sure it meets the rules and regulations for the entire. Would like to see it further back on the site. Would like something other than a chain link fence. Feels it complies. Commissioner Baker stated that it does look awkward but there are other empty lots that look less attractive. She cannot find any evidence that should be torn down. STated her support for the applicant. Commissioner Dominguez stated he agreed with Commission Baker. He feels this could have been avoided. The city does not have a definition of what a community garden. He supports the applicant but there should be some added conditions. Commissioner Schumacher commented he does not feel good about this project. There is an intention with the Specific Plan but in the end he agrees with his fellow Commissioners as the project...He supports the project. Chairperson L'Heureux stated his concurrence with his fellow Commissioners. He sees this as a temporary interim use. He supports the applicant.

4. SUP 07-03/HDP 07-01/HMP 07-06 - SOUTH COAST MATERIALS QUARRY - Request for the consideration of a Subsequent Environmental Impact Report previously certified by the City of Oceanside, adoption of responsible agency environmental findings and adoption of a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program prepared for the Amended Reclamation Plan for the Former South Coast Materials Quarry, and request for approval of a Special Use Permit, Hillside Development Permit, and Habitat Management Plan Permit for the grading of 42.1 acres to implement the Amended Reclamation Plan for the Former South Coast Materials Quarry generally located south of Highway 78 and west of College Boulevard in Local Facilities Management Zone 25. Resolutions No. 6743, 6744, 6745 and 6746

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet and to include a condition for a preference for locally produced seed mix where feasibile and the extent possible. Moved by Commissioner Schumacher, no second required.

Staff Report

Chairperson L'Heureux stated he was grand counsel 25 years ago. Commissioner Baker asked if the use is determined ahead of time with the reclamation project. Mr. Lynch stated it is anticipated to be used for development. Commissioner Schumacher asked about sleeving for underground utilities and future road improvement. Mr. Lynch stated no north/south roadway proposed. Commissioner Schumacher asked how much of the vegetation is salvagable in the channel. Mr. Lynch stated th.... Commissioner Nygaard asked if the impact of the 100 year flood. There was a hydrological report. Commissioner Montgomery...anything nonnative will be removed. Areas not open to the public. Commissioner Dominguez asked how the security measures will be passed from one agency to another. Mr. Lynch responded. Chairperson L'Heureux asked what type will be done to the El Salto Falls area. Mr. Lynch stated nothing other than the removal of the non-native vegetation. Ann Gunter, Lightfoot Planning Group, 5750 Fleet Street, Carlsbad, gave a brief presentation and stated she would be available to answer any questions. Commissioner Baker asked about timing and how many other approvals are needed. Ms. Gunter stated she is hoping for this year. Commissioner Dominguez ....sparging. Public testimony opened. Shelley Hayes-Carron, Buena Vista Adobe, Carlsbad, stated her concerns about the end result of El Salto Falls. would like details included in the final documents. Diane Nygaard, Nightshade, Oceanside, representing Preserve Calavera, stated there is no indicated preference for seed plants and seed for the revegetated. Mike Haslam, 3540 Simsbury Court, Carlsbad, stated his opposition of the project. He is against this project. Dennis Martinyk, Sleeping Indian Road, Oceanside, stated...precommitted use on the site. Commissioner Dominguez asked about the planning buffer. Tom Gibbs, 3533 Simsbury Court, Carlsbad, concerned about removal of dirt under tarps. Ann Gunter, seed mix is acceptable but is already in the documents and is anticipated. In terms of long term land use, staff can address. Long use plans is not related to Hanson. Commissioner Montgomery asked about the soil remediation. Ms. Gunter responded. public testimony closed. Commissioner Schumacher asked if there is... Mr. Lynch stated this plan establishes a conservation easement and no encroachments will occur within that area. There will be no reduction of the biological areas. Commissioner Schumacher asked for clarification regarding the 50 foot buffer. Mr. Lynch. Chairperson L'Heureux asked if the Commission has the ability to make any modifications to those approvals. Mr. Neu responded. DISCUSSION Commissioner Montgomery stated the intent is to reclaim the quarry back to its original nature without bringing all the vegetation back. He stated his support for the project. Commissioner Nygaard also stated her support for the project. Commissioner Baker stated her support for the project. Commissioner Dominguez stated he is happy to see this plan and is able to support this project. Commissioner Schumacher stated this will be a tremendous improvement over what is currently at the site and is also able to support this project. Chairperson L'Heureux stated his support for the project. It is a remarkable plan.

Mr. Neu commented on the El Fuerte View appeal and Council. Ms. Mobaldi stated there is no graffiti ordinance in the city. The hotline is for graffiti on public property. If it is on private property, police notify the property owner. No timelimits on private property owners cleaning up their property.

Jan 19, 2011 Planning Commission Meeting

Full agenda
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CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL All present

APPROVAL OF MINUTES January 5, 2011 Approved 5-0-1 (Nygaard abstained)

PLANNING COMMISSION PUBLIC HEARING

1. CUP 02-19(B)x1 - VIGILUCCI’S SEAFOOD & STEAKHOUSE - Request for a ten year retroactive extension of CUP 02-19(B) to allow the continued operation of Vigilucci’s Seafood and Steakhouse at 3878 Carlsbad Boulevard in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1.
Resolution No. 6751

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet. Moved by Commissioner Schumacher, no second required.

Staff Report

Commissioner Baker asked if this new requirement could be applied to all restaurants in the City. Mr. Donnell stated the CUP provided the opportunity to include the condition. Jack Henthorn, 237 Carlsbad , representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Public testimony opened and closed. MM pleased to have the restaurant in the community. JN stated the applicant has worked very hard to be a good neighbor and is happy to support the project. BD is happy to hear there are no complaints. MS agrees with fellow commissioners. Appreciates that they are a good neighbor. HL concurs

2. ZCA 10-06/LCPA 10-05 - REASONABLE ACCOMMODATIONS ORDINANCE - Request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to add and enact Chapter 21.87 to the Zoning Ordinance, creating procedures and regulations governing requests for reasonable accommodations by people with disabilities to ensure consistency with the federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act. Resolutions No. 6748 and 6749

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet Moved by Commissioner Schumacher, no second required.

Staff Report

Commissioner Baker asked if future property owners need to know about site being out of compliance. Mr. Garcia stated future property owners would be subject to legal non-conforming uses. Mr. Neu stated ti would be treated like a variance so that it conforms. Current code is pretty flexible in terms of setbacks. The distinction is if the structure is easily removable. Commissioner Montgomery asked if someone implements the ordinance the privacy acts are undertaken, how does the city enforce abuse of the system. Mr. Garcia stated there could be a use on many issues but there are..Ms. Mobaldi stated the Dept. of Fair Housing and Employment requires verification from the doctors... Commissioner Dominguez stated this would be an improvement of what the City currently has. He suggested that a line be added for an internal administrative relief in cases of complicated issues to provide facilitation subject to the Planning Director's deicision. Build in arbitration. Ms. Mobaldi ...appealable to the Commission and Council. Commissioner Dominguez asked if it is adequately addressed in Title 21. Ms. Mobaldi stated yes. Public Testimony opened and closed.

3. CDP 10-22 - BARELMANN PROPERTY - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a vacant residential lot at 6479 Surfside Lane, south of Island Way and east of Carlsbad Boulevard, within the Mello II Segment of the City’s Local Coastal Program and within Local Facilities Management Zone 22. Resolution No. 6750

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet Moved by Commissioner Schumacher, no second required.

Corrected Staff Report

Dee Landers, 3746 Hillview Way, Oceanside, gave a brief presentation and stated she would be available to answer any questions. Dave Seeley 6491 Surfside Lane, speaking on behalf the home owner's on Surfside Lane, gave a brief presentation and stated he would be available to answer any questions. staff presentation. Commissioner Montgomery asked if a garden could be grown on this property. R-1 does allow for agricultural uses. Commissioner Dominguez asked if there was a building permit was issued. Ms. Sexton stated yes and explained. Chairperson L'Heureux asked the definition of a community garden. Mr. Neu stated there is not a definition but included in Table A for each zone. Chairperson L'Heureux asked who labeled it as a community garden. Mr. Neu stated the applicant. Design rules. Ms. Mobaldi focused the Commission. It is important to focus on what is being appealed. The issue is the shed. Commissioner Baker asked at what point are sheds required to get a building permit. Mr. Neu stated 120 square feet. ..... Commissioner Dominguez stated he has troubles with a structure being an accessory structure when there is nothing for it to be an accessory to. ?? Barelmann, ??? Surfside Lane, Carlsbad, gave a brief presentation and stated she would be available to answer questions. Commissioner Nygaard asked why the size of shed was selected. Commissioner Baker asked if there was any opportunity to move the shed. It is possible. Bob Barelmann, 6479 Surfside Lane, Carlsbad, gave a brief presentation and stated he would be available to answer questions. Commissioner Nygaard asked about the size of the shed. Mr. Barelmann responded. Commissioner Schumacher asked about the tools. Mr. Barelmann stated everything will be placed in the shed once it is completed. Chairperson L'Heureux asked about the placement of the shed. Chairperson L'Heureux asked for members in support of the appealant. Maryanne Donahue, ??? Surfside Lane, stated she is not against the garden but is opposed to the shed. Lisa ???, 3060 Blencarne Drive, representing the Community Garden Collaborative, stated her support of the shed Ms. Landers stated that in the Planned Development Ordinance it addresses small lot subdivisions. Commissioner Dominguez asked if there were any discussions for CC&Rs during the preparation of CC&Rs. Ms. Landers responded. public testimony closed. Commissioner Montgomery stated that if the garden is done correctly it could be a great addition. He stated his support of the applicant and of the shed. Commissioner Nygaard stated that while it does not really fit the Commission needs to make sure it meets the rules and regulations for the entire. Would like to see it further back on the site. Would like something other than a chain link fence. Feels it complies. Commissioner Baker stated that it does look awkward but there are other empty lots that look less attractive. She cannot find any evidence that should be torn down. STated her support for the applicant. Commissioner Dominguez stated he agreed with Commission Baker. He feels this could have been avoided. The city does not have a definition of what a community garden. He supports the applicant but there should be some added conditions. Commissioner Schumacher commented he does not feel good about this project. There is an intention with the Specific Plan but in the end he agrees with his fellow Commissioners as the project...He supports the project. Chairperson L'Heureux stated his concurrence with his fellow Commissioners. He sees this as a temporary interim use. He supports the applicant.

4. SUP 07-03/HDP 07-01/HMP 07-06 - SOUTH COAST MATERIALS QUARRY - Request for the consideration of a Subsequent Environmental Impact Report previously certified by the City of Oceanside, adoption of responsible agency environmental findings and adoption of a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program prepared for the Amended Reclamation Plan for the Former South Coast Materials Quarry, and request for approval of a Special Use Permit, Hillside Development Permit, and Habitat Management Plan Permit for the grading of 42.1 acres to implement the Amended Reclamation Plan for the Former South Coast Materials Quarry generally located south of Highway 78 and west of College Boulevard in Local Facilities Management Zone 25. Resolutions No. 6743, 6744, 6745 and 6746

Motion to approve PLANNING COMMISSION ACTION: including the errata sheet and to include a condition for a preference for locally produced seed mix where feasibile and the extent possible. Moved by Commissioner Schumacher, no second required.

Staff Report

Chairperson L'Heureux stated he was grand counsel 25 years ago. Commissioner Baker asked if the use is determined ahead of time with the reclamation project. Mr. Lynch stated it is anticipated to be used for development. Commissioner Schumacher asked about sleeving for underground utilities and future road improvement. Mr. Lynch stated no north/south roadway proposed. Commissioner Schumacher asked how much of the vegetation is salvagable in the channel. Mr. Lynch stated th.... Commissioner Nygaard asked if the impact of the 100 year flood. There was a hydrological report. Commissioner Montgomery...anything nonnative will be removed. Areas not open to the public. Commissioner Dominguez asked how the security measures will be passed from one agency to another. Mr. Lynch responded. Chairperson L'Heureux asked what type will be done to the El Salto Falls area. Mr. Lynch stated nothing other than the removal of the non-native vegetation. Ann Gunter, Lightfoot Planning Group, 5750 Fleet Street, Carlsbad, gave a brief presentation and stated she would be available to answer any questions. Commissioner Baker asked about timing and how many other approvals are needed. Ms. Gunter stated she is hoping for this year. Commissioner Dominguez ....sparging. Public testimony opened. Shelley Hayes-Carron, Buena Vista Adobe, Carlsbad, stated her concerns about the end result of El Salto Falls. would like details included in the final documents. Diane Nygaard, Nightshade, Oceanside, representing Preserve Calavera, stated there is no indicated preference for seed plants and seed for the revegetated. Mike Haslam, 3540 Simsbury Court, Carlsbad, stated his opposition of the project. He is against this project. Dennis Martinyk, Sleeping Indian Road, Oceanside, stated...precommitted use on the site. Commissioner Dominguez asked about the planning buffer. Tom Gibbs, 3533 Simsbury Court, Carlsbad, concerned about removal of dirt under tarps. Ann Gunter, seed mix is acceptable but is already in the documents and is anticipated. In terms of long term land use, staff can address. Long use plans is not related to Hanson. Commissioner Montgomery asked about the soil remediation. Ms. Gunter responded. public testimony closed. Commissioner Schumacher asked if there is... Mr. Lynch stated this plan establishes a conservation easement and no encroachments will occur within that area. There will be no reduction of the biological areas. Commissioner Schumacher asked for clarification regarding the 50 foot buffer. Mr. Lynch. Chairperson L'Heureux asked if the Commission has the ability to make any modifications to those approvals. Mr. Neu responded. DISCUSSION Commissioner Montgomery stated the intent is to reclaim the quarry back to its original nature without bringing all the vegetation back. He stated his support for the project. Commissioner Nygaard also stated her support for the project. Commissioner Baker stated her support for the project. Commissioner Dominguez stated he is happy to see this plan and is able to support this project. Commissioner Schumacher stated this will be a tremendous improvement over what is currently at the site and is also able to support this project. Chairperson L'Heureux stated his support for the project. It is a remarkable plan.

Mr. Neu commented on the El Fuerte View appeal and Council. Ms. Mobaldi stated there is no graffiti ordinance in the city. The hotline is for graffiti on public property. If it is on private property, police notify the property owner. No timelimits on private property owners cleaning up their property.

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