Mr. Neu introduced Agenda Item 2 and stated Associate Planner Barbara Kennedy would make the Staff presentation.
Chairperson Baker asked the applicant if he wished to continue with only six Commissioners present. The applicant confirmed that he would.
Chairperson Baker opened the Public Hearing on Agenda Item 2.
Ms. Kennedy gave a brief presentation and stated Staff would be available to answer any questions.
Chairperson Baker asked if the Commission had any questions of Staff.
Commissioner Montgomery questioned the revegetation plans for the site and the possible effect this may have on the fire protection zones. In particular, three structures located to the north of the project and the lush vegetation that exists at the location. Ms. Kennedy explained the City’s policy requiring the applicant to provide fire suppression around new structures, but not existing structures. She added that she would defer to Fire Marshal Jim Weigand to address specific concerns about fire suppression zones.
Fire Marshall Weigand gave a brief overview of possible vegetation burn patterns and reviewed the City’s policy regarding habitat and mitigation measures being taken with this project.
Commissioner Segall asked about the second dwelling units associated with this project.
Ms. Kennedy stated she would defer to the Housing and Redevelopment Director Debbie Fountain to address concerns related to the City’s affordable housing requirements.
Ms. Fountain addressed the question regarding the issue of the second dwelling units being used as an affordable housing site. She added the City cannot require a private residence to be rented out and explained the deed restrictions placed on inclusionary second dwelling units.
Ms. Fountain briefly explained the concept of inclusionary housing and restrictions the City has on enforcing any particular living arrangement.
Chairperson Baker asked if it would be feasible to revisit the issue of inclusionary housing ordinance in the northwest quadrant and its’ effectiveness on meeting the current housing needs.
Commissioner Segall stated a precedent has been set regarding housing-in-lieu fees.
Chairperson Baker asked if there were any further questions for Staff; seeing none, she asked if the applicant wished to give a presentation.
Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, gave a brief presentation and stated he would be available to answer any questions the Commission may have.
Chairperson Baker asked if the Commission had any questions for the applicant.
Commissioner Dominguez questioned the applicant regarding current ownership of the property and encroachments on the site. Mr. Henthorn explained the position of the applicant and plans for dealing with those areas of the site.
Commissioner Segall asked about the non-combustible fence as indicated in the Staff Report. Mr. Henthorn explained the nature of the fencing and Ms. Kennedy explained the proposed locations of various fencing materials.
Fire Marshall Weigand addressed some of the Commission’s questions regarding the fire suppression zone, the walls required to be constructed, and access to the vegetation areas on the site.
Commissioner Dominguez asked Staff about an alluvial compilation at the site and whether it might necessitate further regulatory geophysical inspection. Clyde Wickham, Associate Engineer addressed those concerns specifically.
Chairperson Baker asked about the color of the chain link fence surrounding the development. Mr. Henthorn stated it would be a black vinyl, chain-link fence.
Chairperson Baker asked about the grading efforts and if the adjacent properties would be notified. Mr. Henthorn stated the homeowners would be notified and the developer is very sensitive to the neighborhood concerns.
Commissioner Douglas asked about wildlife issues and pending surveys. Mr. Henthorn explained the fencing and its ability to allow wildlife to pass while prohibiting humans to pass.
Commissioner Cardosa asked for an explanation of the floor-plan and amenities of the inclusionary housing units. Mr. Henthorn stated they would be studio style units intended for one or two individuals.
Chairperson Baker asked if there were any further questions of the applicant; seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 2 and opened public testimony.
Jim Barton, 4925 Avila Avenue, Carlsbad, stated he resides on the second lot from Aura Circle. He asked about the 50-foot high cut slope that is planned for this location.
Janet Hu, 4937 Avila Avenue, Carlsbad, stated she resides at one of the properties adjacent to the proposed development. She asked about any planned easements for the neighbors. Ms. Hu asked about fire safety issues with a shed that is currently in place on her property.
Chairperson Baker asked Ms. Hu if she was aware of the encroachments into the adjacent property when she purchased her property. Ms. Hu stated that initially she was not, but it was revealed during the escrow process. She added that the owners at that time claimed to have no knowledge of any encroachments.
Marina Jennings, 4933 Avila Avenue, Carlsbad, stated she resides adjacent to the proposed development. She asked about a possible easement and fire issues. Ms. Jennings stated she would like to open discussion with the applicant regarding the chain-link fence.
Ramon Campbell, 2024 Aura Circle, stated he resides next to the proposed development and the upper part of the hill near his lot had an existing fence when he purchased his lot through a bank repossession sale. He stated he is concerned about the new proposed chain link fence. Mr. Campbell stated when he purchased his property, he was not aware that the entire area inside his fence is would not become his. He is concerned about drainage issues from the open space area.
Chairperson Baker asked if there were any further questions; seeing none, she closed public testimony.
Mr. Henthorn addressed some of the questions from the public, including prescriptive easements, chain-link fencing, drainage, and fire safety issues.
Commissioner Douglas asked for an explanation of a prescriptive easement. Deputy City Attorney Ron Kemp gave a brief overview and stated an individual would need to address this issue with their attorney.
Commissioner Dominguez asked for further explanation of the plans for drainage issue at the site. Mr. Wickham explained the general drainage plan for the site.
Commissioner Montgomery asked about soil issues associated with the development. Mr. Wickham stated there have been several geotechnical surveys conducted and after further grading, this issue will be reviewed.
Commissioner Montgomery stated he has reservations and questions regarding the boundaries of the site and the impact to the Habitat Management Plan (HMP) hardlines. He asked about fire suppression zones and the required plantings being located close to the existing structures on the property. Mr. Henthorn gave a brief explanation of his understanding of the requirements imposed by statute.
Discussion ensued regarding the boundary issues and the HMP hardlines.
Commissioner Segall asked about the project and any possible prescriptive easements that may be granted in the future. He questioned what effect that would have on the project considering the habitat and HMP hardline. Mr. Kemp gave a brief explanation of a prescriptive easement and deferred to Mr. Neu to explain the effect on this particular project.
Mr. Neu addressed the HMP hardline issues related to this project and projected scenarios in the event that an easement was granted.
Discussion ensued regarding the issues related to the revegetation of the open space area at the site.
Mr. Kemp stated Staff only has the ability to review the proposal as it is with the property rights as they currently exist. It is not in the purview of the Commission to speculate whether a prescriptive right exists or not.
Commissioner Segall expressed concern with the revegetation plan and Commissioner Montgomery concurred.
