Video index
CALL TO ORDER
Planning Commission Chairperson Baker called the regular meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Dominguez led the Pledge of Allegiance.
ROLL CALL
Roll Call: 18 members present, 0 members absent, 0 members excused.
APPROVAL OF MINUTES
None.
PLANNING COMMISSION PUBLIC HEARING
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 consent items, including any errata sheets. Staff would be available to respond to questions if the Commission or someone from the public wished to pull the item.
Chairperson Baker asked if any member of the Planning Commission wished to pull Agenda Item 1 or 2.
Chairperson Baker asked if any member of the audience wished to address Agenda Item 1 or 2; seeing none, she opened and closed public testimony.
1.
CT 02-26x2 - SEASHORE ON THE SAND
- Request for approval of a one-year extension for a Tentative Tract Map to allow the conversion of an existing 12 unit hotel into 7 timeshare units on property located at 2805 Ocean Street, in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1.
Resolution No. 6325
Seashore on the Sand Staff Report
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6325 approving a one-year extension of CT 02-26x2 based upon the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6325 approving a one-year extension of CT 02-26x2 based upon the findings and subject to the conditions contained therein. (Approved)
2.
CDP 05-45 - ALDERSON RESIDENCE
- Request for approval of a Coastal Development Permit to demolish an existing single-family residence and construct a new single-family residence and a detached three-car garage on a .45 acre lot located on the south side of Tamarack Avenue between the San Diego Northern Railroad tracks and Hibiscus Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1.
Resolution No. 6324
Alderson Residence Staff Report
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6324 approving Coastal Development Permit CDP 05-45 based upon the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6324 approving Coastal Development Permit CDP 05-45 based upon the findings and subject to the conditions contained therein. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Items 1 and 2 and asked Mr. Neu to introduce the next item.
3.
SP 181 (F) - SAN DIEGO GOLF ACADEMY
- Request for a minor Amendment to Specific Plan 181 to include "Educational Facilities, Other" as defined in Carlsbad Municipal Code Section 21.04.137 as a permitted use in the Specific Plan subject to the approval of a Minor Conditional Use Permit.
Resolutions No. 6320, 6321
San Diego Golf Academy Staff Report
Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Dan Halverson would make the staff presentation.
Chairperson Baker opened the Public Hearing on Agenda Item 3.
Mr. Halverson gave a brief presentation and stated he would be available to answer any questions the Commission may have.
Commissioner Dominguez asked if other Golf Academy locations are approximately the same size as this application. Mr. Hofman stated he would defer to Doug to answer that question. Doug Feeny, Director of Business Development, San Diego Golf Academy, 7373 North Scottsdale Road, Scottsdale, AZ, stated the Golf Academy campuses range in size from 8,000 to 20,000 square feet. The site proposed for Carlsbad will be approximately 18,000 usable square feet.
Chairperson Baker asked if the Commission had any questions of Staff; seeing none, she asked if the applicant wished to give a presentation.
Bill Hofman, Hofman Planning and Engineering, 5900 Pasteur Court, Suite 150, Carlsbad, gave a brief presentation and stated he would be available to answer any questions the Commission or members of the audience may have.
Commissioner Montgomery asked what type of services the academy would provide. Mr. Feeny stated the San Diego Golf Academy is a career college that offers an Associates Degree and trains people to work in the golf industry. Commissioner Montgomery asked what the placement record is for graduates of the Academy. Mr. Feeny stated approximately 85% throughout the history of the school.
Commissioner Boddy asked how many people would be employed at the facility. Mr. Feeny stated it would vary, but approximately 15 employees and 15 adjunct faculty would be employed.
Chairperson Baker asked if any member of the audience wished to speak on Agenda Item 3; seeing none she opened and closed Public Testimony.
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6320 recommending adoption of a Negative Declaration and adopt Planning Commission Resolution No. 6321 recommending approval of Specific Plan Amendment 181 (F) subject to the findings contained therein. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6320 recommending adoption of a Negative Declaration and adopt Planning Commission Resolution No. 6321 recommending approval of Specific Plan Amendment 181 (F) subject to the findings contained therein. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item.
4.
CDP 06-30 - TABATA BLACKRAIL ROAD ESTATES
- 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 Local Facilities Management Zone 20.
Resolution No. 6323
Tabata Blackrail Road Estates Staff Report
Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Corey Funk would make the Staff presentation.
Chairperson Baker opened the Public Hearing on Agenda Item 4.
Commissioner Cardosa recused himself due to the proximity of his personal residence to the project site.
Mr. Funk 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 of Staff at this time; seeing none, she asked if the applicant wished to give a presentation.
Paul O’Boyle, Transwest Housing Inc., 10721 Treena Street, Suite 200, San Diego, gave a brief presentation and stated he would be available to answer any questions the Commission or members of the audience may have.
Commissioner Douglas stated she is award of neighborhood concerns with recreational vehicle (RV) parking at the site and asked if the proposed development has a Homeowner’s Association (HOA) and CC&R’s in place. Mr. O’Boyle stated that it does and the CC&R’s were recorded with the final map. He added there is a requirement that RV parking be required for about 10 percent of the units.
Mr. Funk reviewed the plotting map and pointed out that the CC&R’s restrict RV parking to the side yard and require that it be fenced. He pointed out the lots that are approved for RV parking.
Further discussion ensued regarding the proposed site and the issue of RV parking.
Commissioner Whitton stated his observation that some of the units contain a side-way garage and if that meant it was a model for another room. Mr. O’Boyle stated there is the potential for a casita at those locations.
Commissioner Whitton asked if there are windows in the kitchen over the sink. Mr. O’Boyle asked which models he was referring to. Commissioner Whitton stated he was looking at Plan 1A and Plan 1B. The applicant’s architect, Mark Longstaff of McKinnley Associates, 1818 First Avenue, San Diego, stated there are windows located to the left of that area and additional windows could be added, but there are other considerations to take into account.
Commissioner Douglas asked about the courtyards for Plan 3A and Plan 3B. Mr. O’Boyle stated Council Policy 66 requires a front porch or courtyard element be a part of the design for 85 percent of the units.
Some discussion ensued regarding the specific design elements in the varying floor plans depicted in the renderings.
Chairperson Baker asked if any member of the audience wished to speak on Agenda Item 4; seeing none, she opened and closed Public Testimony.
Commissioner Dominguez asked if there were any rear elevations available for review. Mr. Funk stated he had spoken with the applicant, but no color renderings are available. He added there are additional images available and pointed them out on the screen. Commissioner Dominguez asked about some of the details depicted on the elevations.
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6323 approving Coastal Development Permit CDP 06-30, based upon the findings and subject to the conditions contained therein. Moved by Commissioner Montgomery, seconded by Commissioner Dominguez.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6323 approving Coastal Development Permit CDP 06-30, based upon the findings and subject to the conditions contained therein. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Item 4 and asked Mr. Neu to introduce the next item.
5.
ROI 07-01 - SINGLE-CAR GARAGE DOOR WIDTH
- A request for Planning Commission direction to prepare an amendment to Title 21 of the Municipal code to address the restricted access issues associated with single-car garage doors.
Resolutions No. 6322
Single-Car Garage Door Width Staff Report
Mr. Neu introduced Agenda item 5 and stated Senior Planner Jennifer Jesser would make the Staff presentation.
Chairperson Baker opened the Public Hearing on Agenda Item 5.
Senior Planner Jennifer Jesser gave a brief presentation and stated she would be available to answer any questions the Commission may have.
Commissioner Montgomery asked if Staff was recommending approval of a standard or recommending that the Commission send Staff back to further study the issue. Ms. Jesser stated if the majority of the Commission felt that the issue needs to be reviewed further, then Staff would recommend that the Commission adopt the resolution of intention, which would give Staff formal direction to conduct further research and prepare an amendment to the Zoning Ordinance.
Chairperson Baker asked if the Commission directed Staff to do more work, what new types of research would be conducted. Ms. Jesser stated Staff could research the policies of other jurisdictions, the pros and cons with what would be involved if wider garage doors were required, additional construction costs, and possibly conduct surveys among the development community. She added Staff would also take suggestions from the Commission regarding additional information desired.
Commissioner Whitton stated he believes it is the purchaser’s responsibility to determine if their car will fit into a garage, not the Commissions. He asked if a garage is widened and the interior expanded, what costs and impacts would be incurred as a result of that type of change.
Commissioner Douglas asked how many homes would be affected if the Commission did change the Ordinance to mandate wider garage doors. She added it is her understanding that condominiums and apartment houses will be excluded; any change would only affect single family homes. Ms. Jesser stated based on the amount of land and the density ranges the amount of vacant, undeveloped, unentitled residential land left to build on would yield an estimated 1,300 dwelling units. She added there are another 1,800 multi-family units that could be built on the remaining land. Ms. Jesser stated those figures do not include any possible units made available by possible redesignation of land in the future. Ms. Douglas asked what percentage of those are low-income. Ms. Jesser stated the Inclusionary Housing Ordinance requires 15 percent of all new development be made affordable to lower income homes.
Commissioner Douglas asked if the Robertson Ranch development would be effected. Mr. Neu stated the eastern portion of Robertson Ranch is much further along; many of the applications are in the review stage at this point. He added the West Village is in the potential acquisition stage.
Commissioner Douglas asked if the figures Staff presented regarding developable area include Robertson Ranch. Ms. Jesser stated out of the two categories presented, 1,100 are in Robertson Ranch.
Commissioner Dominguez asked Ms. Jesser to estimate how much time she has spent working on this issue. Ms. Jesser stated approximately 20 hours. Commissioner Dominguez stated most probably condominiums and apartments would be exempt from any determination the Commission would make. He added existing home and remodels would also be exempt because it would be hard to do a retrospective imposition of that type. Commissioner Dominguez stated the market should be the ultimate determinate of what the consumer buys and the consumer should be aware of the purchases they are making. He added the boat has sailed on the situation and the Commission ought to throw in the towel. He stated he could support a statement by the Commission encouraging the City Council to set up a policy that would encourage a certain number of the new larger homes to have at least one 9-foot portal.
Chairperson Baker stated that Commissioner Dominguez made an interesting point that the Commission could always suggest a rule requiring a home over a certain amount of square footage contain at least one garage door with a 9-foot opening.
Commissioner Whitton stated he feels this should be a consumer choice. He added he thinks the developers should be asked to provide notification to the consumer that the choice is available, but to pick a percentage of houses and mandate that they have a 9-foot garage door could throw off the front elevations.
Mr. Neu stated one of the difficulties Staff has experienced with Council Policy is that because they are not part of the Municipal Code and they are not as apparent to individuals who are beginning the design process they usually come upon the policy later in their design once something has been submitted. He added that if the Commission did decide to do something about this issue, Staff would recommend that it be part of the Municipal Code so it would be easier for someone beginning the design process to discover.
Chairperson Baker asked if any member of the audience wished to speak on Agenda Item 5; seeing none, she opened and closed Public Testimony.
Commissioner Whitton stated the public has spoken does not seem to be interested.
Commissioner Boddy outlined several of the factors she considered when making her determination and concluded by adding that she does not support devoting staff time and resources to further study this issue.
Commissioner Douglas stated she could not support spending any further time and energy on this matter.
Commissioner Dominguez stated he concurs with his fellow Commissioners and added he feels that the market forces should be the primary determinate for the consumer.
Commissioner Montgomery stated he concurs with his fellow Commissioners.
Commissioner Cardosa stated he also concurs and added if the standard were to be dedicated to be 9-foot or greater there would still be many of the oversized vehicles that would not fit into those garages because of height limitations.
Chairperson Baker stated she can understand the issue, but agrees with her fellow Commissioners. She added she has further concern because it is not just the size of the garage door that would need to be changed; it could potentially affect the sideyard setbacks, size of the homes, it would require bigger posts and a wider opening. She stated that before too long, a lot of things beside the size of a garage door are being changed.
Commissioner Montgomery stated his belief that from time-to-time Staff had encouraged the articulation of the architecture and aesthetics of a building and garage doors. He added maybe Staff would consider allowing developers more latitude in the design of buildings.
Motion to approve that the Planning Commission deny Resolution No. 6322 denying the preparation of an amendment to Title 21 of the Municipal Code to address the restricted access issues associated with single-car garage doors. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission deny Resolution No. 6322 denying the preparation of an amendment to Title 21 of the Municipal Code to address the restricted access issues associated with single-car garage doors. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Item 5 and asked Mr. Neu to introduce the next item.
6.
NPDES PERMIT REQUIREMENTS
- This presentation is aimed at providing background to the Commissioners regarding the new NPDES Municipal Permit requirements related to Low Impact Design for the City and for developers. Basic water quality impacts will be discussed along with types of Best Management Practices (BMPs) that are part of development projects brought to the Commission for approval. These new permit requirements build on existing programs established under the most recent NPDES permit issued in 2001.
NPDES Permit Requirements Staff Report
Mr. Neu introduced Agenda Item 6 and stated Environmental Programs Manager Elaine Lukey would make the Staff Presentation.
Elaine Lukey gave a brief presentation assisted by Mikhail Ogawa and stated they would both be available to answer any questions that the Commission might have.
Commissioner Dominguez asked if these federally mandated requirements will be subsidized by the State of California. Ms. Lukey stated the short answer is no and the long answer requires an explanation of the differences between State and Federal regulations. Because the State is merely implementing Federal Clean Water Act requirements, it is unlikely there will be any State funding.
Assistant City Attorney Jane Mobaldi stated her belief that there was litigation regarding this matter. She added it is her understanding that the City and the County were arguing that this is a State mandate and therefore it should be funded to the Cities. She stated she is not sure of the current status, but it may be on appeal. Ms. Lukey added that she is not sure about the appeal either.
Commissioner Montgomery asked if in the case of smaller projects, is Staff seeing treatment control being set aside and is there another type of source control that is being implemented. Mr. Ogawa stated what the Regional Board Permit requires the City to do is make these requirements of developers for certain types of projects. He added there is a laundry list of the different types of projects. Mr. Ogawa stated some single family dwellings may be captured in those requirements based upon the square footage of their driveway, for example. Discussion ensued regarding the application of these requirements to the single family dwellings.
Commissioner Whitton asked if contamination of the ground occurs at the desilting basins. He added that is seems over time the ground in which the water sits would become polluted and serve no useful purpose, because it is already polluted and any water that touches it will become polluted over an above or up to its density level. Mr. Ogawa stated there is some validity to that and it is one of the purposes of the long-term perpetual maintenance agreements. For example, if a subdivision had a desilting basin or a large detention basin, they would be required to inspect it on an annual basis to determine it’s effectiveness and if it needs to be cleaned out. He added if it does need to be cleaned out, the material would then be tested to see if it’s hazardous and dispose of it properly. Further discussion ensued regarding the disposal of pollutants and the regulations involved.
Commissioner Dominguez stated some of the long-standing desilt basins have not been maintained and have become overgrown. He asked how the City monitors the basins and if there is scheduled monitoring in place. Ms. Lukey stated it is now a scheduled monitoring process. She added an inventory of desilt basins within the City is being updated and within the last year three were owned by the City and there were approximately 80 privately owned desilt basins, but deferred to Deputy City Engineer Dave Hauser for accurate updated numbers. Ms. Lukey went on to explain the permits and processes in place to monitor all desilt basins.
Deputy City Engineer David Hauser stated there is somewhere between 110 and 120 of these basins in the City. He added Staff is going through the inventory and will have to determine whether each one is a pollutant control basin or not. He stated some of the basins are strictly used for retention. Mr. Hauser stated the pollutants in the basins has not been found to be a problem and added most pollutants do not enter the ground more than 8 to 10 inches and do not contaminate the ground water. Mr. Hauser went on to explain some differences between various basins and their uses.
Chairperson Baker asked if after all the money and effort any tests have been conducted to determine whether this is having an impact on clean water. Mr. Ogawa stated all of the Cities and the County have a contract to perform annually monitoring at all the downstream locations. He added at almost every single lagoon within the County there is testing to determine whether or not there is a reduction in pollutants. Mr. Ogawa went on to explain reductions to pollutants and the monitoring and permitting process.
Ms. Lukey stated there has been a noticeable improvement in the last five years of the program. She added in programs that the City undertakes have been able to find illegal dumping; illicit connections where someone in a building connected a sewer connection to the storm drain. She added there has not been a beach closure in Carlsbad caused by urban runoff for the past four years.
Commissioner Whitton stated his HOA consists of approximately 97 homes and has 4 or 5 desilting ponds and added that cleaning those out would be expensive. He asked if there is anything that can be done to adjudicate that. Mr. Hauser stated that the City is required to make the owner of the property maintain the facility in the manner they were originally designed. He added notices would be sent to the homeowners in the areas where Staff has determined that the basins have issues or problems. Mr. Hauser stated that as far as adjudication goes, the homeowner is welcome to try that route. He added several cities have been fighting these regulations for some time. Mr. Hauser went on to explain the maintenance responsibilities and various options.
Commissioner Boddy stated one of the types of urban run-off identified was car washing. She asked if the City has considered banning car washing outside of a licensed car wash facility. Ms. Lukey stated in the past five years she does not believe City Council has considered that option. She added from a commercial perspective, Staff inspects commercial car washes to insure there is no discharge from the facility. Ms. Lukey went on to explain the procedures in place for residential complaints about illegal dumping.
Commissioner Douglas asked if there are any ordinances in place governing mobile car washes. Ms. Lukey stated there isn’t an actual ordinance other than the ordinance that says, "no discharge" which covers all commercial businesses. She added if there is a complaint, Staff will investigate the mobile washer's activities and provide education regarding best management practices to avoid negative impacts to the environment.
Commissioner Dominguez stated his recollection that most of the literature that is distributed to households informs citizens that commercial car washes use recycled water. He asked if there is a requirement that commercial car washes recycle their wash water. Ms. Lukey stated she believes that there is not a requirement for recycling, but for treatment through EWA, and it is probably more of a code issue. Commissioner Dominguez stated he feels that it would be a good idea to have a City ordinance regarding this issue. Ms. Lukey offered to follow-up and get back to Commissioner Dominguez to confirm.
Chairperson Baker asked if there were any more questions for Staff; seeing none, she asked Mr. Neu to introduce the next item.
7.
PROPOSITION D CITIZENS PROCESS COMMITTEE APPOINTMENT
- Appoint a Planning Commissioner to serve on the Proposition D Citizens Process Committee.
PLANNING COMMISSION ACTION:
Commissioner Dominguez appointed (Commissioner Boddy abstained) (6-0-1)
Proposition D Citizens Process Committee Appointment Staff Report
Mr. Neu introduced Agenda Item 7 and gave a brief overview of the Proposition D Citizens Process Committee.
Chairperson Baker stated it is her understanding that Commissioner Douglas had been appointed to the Committee by Mrs. Kulchin. Commissioner Douglas stated she had been appointed as a citizen at large, not as a member of the Planning Commission.
Chairperson Baker asked if any member of the Commission cared to volunteer to serve on the Committee.
Commissioner Dominguez stated since he is up to speed on the Committee he would volunteer.
Commissioner Boddy stated she had studied this issue as part of her Urban Planning and Development program at UCSD and would be happy to serve, but she would defer to Commission Dominguez if he prefers to serve.
Commissioner Dominguez stated he feels he is best suited to sit on the Committee based on his experience.
Chairperson Baker asked if Commissioner Dominguez would be willing to communicate with Commissioner Boddy to enable her to act as an alternate. She added that she is not sure if the Council has allowed for that provision.
Ms. Mobaldi stated it would be safe to include that provision informally.
Motion to approve that the Planning Commission appoint Commissioner Dominguez to serve on the Proposition D Citizens Process Committee. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission appoint Commissioner Dominguez to serve on the Proposition D Citizens Process Committee. (Approved)
Chairperson Baker closed the Pubic Hearing on Agenda Item 7.
COMMSSIONER COMMENTS
None.
PLANNING DIRECTOR COMMENTS
Mr. Neu stated the special meeting that was scheduled for early August has been canceled. He added the next regularly scheduled meeting would be for August 15. He stated, in terms of big projects on the horizon, the Ponto project is tentatively scheduled for September 5.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of July 18, 2007, was adjourned at 7:40 p.m.
Jul 18, 2007 Planning Commission Meeting
Full agenda
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CALL TO ORDER
Planning Commission Chairperson Baker called the regular meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Dominguez led the Pledge of Allegiance.
ROLL CALL
Roll Call: 18 members present, 0 members absent, 0 members excused.
APPROVAL OF MINUTES
None.
PLANNING COMMISSION PUBLIC HEARING
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 consent items, including any errata sheets. Staff would be available to respond to questions if the Commission or someone from the public wished to pull the item.
Chairperson Baker asked if any member of the Planning Commission wished to pull Agenda Item 1 or 2.
Chairperson Baker asked if any member of the audience wished to address Agenda Item 1 or 2; seeing none, she opened and closed public testimony.
1.
CT 02-26x2 - SEASHORE ON THE SAND
- Request for approval of a one-year extension for a Tentative Tract Map to allow the conversion of an existing 12 unit hotel into 7 timeshare units on property located at 2805 Ocean Street, in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1.
Resolution No. 6325
Seashore on the Sand Staff Report
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6325 approving a one-year extension of CT 02-26x2 based upon the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6325 approving a one-year extension of CT 02-26x2 based upon the findings and subject to the conditions contained therein. (Approved)
2.
CDP 05-45 - ALDERSON RESIDENCE
- Request for approval of a Coastal Development Permit to demolish an existing single-family residence and construct a new single-family residence and a detached three-car garage on a .45 acre lot located on the south side of Tamarack Avenue between the San Diego Northern Railroad tracks and Hibiscus Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1.
Resolution No. 6324
Alderson Residence Staff Report
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6324 approving Coastal Development Permit CDP 05-45 based upon the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6324 approving Coastal Development Permit CDP 05-45 based upon the findings and subject to the conditions contained therein. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Items 1 and 2 and asked Mr. Neu to introduce the next item.
3.
SP 181 (F) - SAN DIEGO GOLF ACADEMY
- Request for a minor Amendment to Specific Plan 181 to include "Educational Facilities, Other" as defined in Carlsbad Municipal Code Section 21.04.137 as a permitted use in the Specific Plan subject to the approval of a Minor Conditional Use Permit.
Resolutions No. 6320, 6321
San Diego Golf Academy Staff Report
Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Dan Halverson would make the staff presentation.
Chairperson Baker opened the Public Hearing on Agenda Item 3.
Mr. Halverson gave a brief presentation and stated he would be available to answer any questions the Commission may have.
Commissioner Dominguez asked if other Golf Academy locations are approximately the same size as this application. Mr. Hofman stated he would defer to Doug to answer that question. Doug Feeny, Director of Business Development, San Diego Golf Academy, 7373 North Scottsdale Road, Scottsdale, AZ, stated the Golf Academy campuses range in size from 8,000 to 20,000 square feet. The site proposed for Carlsbad will be approximately 18,000 usable square feet.
Chairperson Baker asked if the Commission had any questions of Staff; seeing none, she asked if the applicant wished to give a presentation.
Bill Hofman, Hofman Planning and Engineering, 5900 Pasteur Court, Suite 150, Carlsbad, gave a brief presentation and stated he would be available to answer any questions the Commission or members of the audience may have.
Commissioner Montgomery asked what type of services the academy would provide. Mr. Feeny stated the San Diego Golf Academy is a career college that offers an Associates Degree and trains people to work in the golf industry. Commissioner Montgomery asked what the placement record is for graduates of the Academy. Mr. Feeny stated approximately 85% throughout the history of the school.
Commissioner Boddy asked how many people would be employed at the facility. Mr. Feeny stated it would vary, but approximately 15 employees and 15 adjunct faculty would be employed.
Chairperson Baker asked if any member of the audience wished to speak on Agenda Item 3; seeing none she opened and closed Public Testimony.
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6320 recommending adoption of a Negative Declaration and adopt Planning Commission Resolution No. 6321 recommending approval of Specific Plan Amendment 181 (F) subject to the findings contained therein. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6320 recommending adoption of a Negative Declaration and adopt Planning Commission Resolution No. 6321 recommending approval of Specific Plan Amendment 181 (F) subject to the findings contained therein. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item.
4.
CDP 06-30 - TABATA BLACKRAIL ROAD ESTATES
- 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 Local Facilities Management Zone 20.
Resolution No. 6323
Tabata Blackrail Road Estates Staff Report
Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Corey Funk would make the Staff presentation.
Chairperson Baker opened the Public Hearing on Agenda Item 4.
Commissioner Cardosa recused himself due to the proximity of his personal residence to the project site.
Mr. Funk 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 of Staff at this time; seeing none, she asked if the applicant wished to give a presentation.
Paul O’Boyle, Transwest Housing Inc., 10721 Treena Street, Suite 200, San Diego, gave a brief presentation and stated he would be available to answer any questions the Commission or members of the audience may have.
Commissioner Douglas stated she is award of neighborhood concerns with recreational vehicle (RV) parking at the site and asked if the proposed development has a Homeowner’s Association (HOA) and CC&R’s in place. Mr. O’Boyle stated that it does and the CC&R’s were recorded with the final map. He added there is a requirement that RV parking be required for about 10 percent of the units.
Mr. Funk reviewed the plotting map and pointed out that the CC&R’s restrict RV parking to the side yard and require that it be fenced. He pointed out the lots that are approved for RV parking.
Further discussion ensued regarding the proposed site and the issue of RV parking.
Commissioner Whitton stated his observation that some of the units contain a side-way garage and if that meant it was a model for another room. Mr. O’Boyle stated there is the potential for a casita at those locations.
Commissioner Whitton asked if there are windows in the kitchen over the sink. Mr. O’Boyle asked which models he was referring to. Commissioner Whitton stated he was looking at Plan 1A and Plan 1B. The applicant’s architect, Mark Longstaff of McKinnley Associates, 1818 First Avenue, San Diego, stated there are windows located to the left of that area and additional windows could be added, but there are other considerations to take into account.
Commissioner Douglas asked about the courtyards for Plan 3A and Plan 3B. Mr. O’Boyle stated Council Policy 66 requires a front porch or courtyard element be a part of the design for 85 percent of the units.
Some discussion ensued regarding the specific design elements in the varying floor plans depicted in the renderings.
Chairperson Baker asked if any member of the audience wished to speak on Agenda Item 4; seeing none, she opened and closed Public Testimony.
Commissioner Dominguez asked if there were any rear elevations available for review. Mr. Funk stated he had spoken with the applicant, but no color renderings are available. He added there are additional images available and pointed them out on the screen. Commissioner Dominguez asked about some of the details depicted on the elevations.
Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6323 approving Coastal Development Permit CDP 06-30, based upon the findings and subject to the conditions contained therein. Moved by Commissioner Montgomery, seconded by Commissioner Dominguez.
Vote to approve that the Planning Commission adopt Planning Commission Resolution No. 6323 approving Coastal Development Permit CDP 06-30, based upon the findings and subject to the conditions contained therein. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Item 4 and asked Mr. Neu to introduce the next item.
5.
ROI 07-01 - SINGLE-CAR GARAGE DOOR WIDTH
- A request for Planning Commission direction to prepare an amendment to Title 21 of the Municipal code to address the restricted access issues associated with single-car garage doors.
Resolutions No. 6322
Single-Car Garage Door Width Staff Report
Mr. Neu introduced Agenda item 5 and stated Senior Planner Jennifer Jesser would make the Staff presentation.
Chairperson Baker opened the Public Hearing on Agenda Item 5.
Senior Planner Jennifer Jesser gave a brief presentation and stated she would be available to answer any questions the Commission may have.
Commissioner Montgomery asked if Staff was recommending approval of a standard or recommending that the Commission send Staff back to further study the issue. Ms. Jesser stated if the majority of the Commission felt that the issue needs to be reviewed further, then Staff would recommend that the Commission adopt the resolution of intention, which would give Staff formal direction to conduct further research and prepare an amendment to the Zoning Ordinance.
Chairperson Baker asked if the Commission directed Staff to do more work, what new types of research would be conducted. Ms. Jesser stated Staff could research the policies of other jurisdictions, the pros and cons with what would be involved if wider garage doors were required, additional construction costs, and possibly conduct surveys among the development community. She added Staff would also take suggestions from the Commission regarding additional information desired.
Commissioner Whitton stated he believes it is the purchaser’s responsibility to determine if their car will fit into a garage, not the Commissions. He asked if a garage is widened and the interior expanded, what costs and impacts would be incurred as a result of that type of change.
Commissioner Douglas asked how many homes would be affected if the Commission did change the Ordinance to mandate wider garage doors. She added it is her understanding that condominiums and apartment houses will be excluded; any change would only affect single family homes. Ms. Jesser stated based on the amount of land and the density ranges the amount of vacant, undeveloped, unentitled residential land left to build on would yield an estimated 1,300 dwelling units. She added there are another 1,800 multi-family units that could be built on the remaining land. Ms. Jesser stated those figures do not include any possible units made available by possible redesignation of land in the future. Ms. Douglas asked what percentage of those are low-income. Ms. Jesser stated the Inclusionary Housing Ordinance requires 15 percent of all new development be made affordable to lower income homes.
Commissioner Douglas asked if the Robertson Ranch development would be effected. Mr. Neu stated the eastern portion of Robertson Ranch is much further along; many of the applications are in the review stage at this point. He added the West Village is in the potential acquisition stage.
Commissioner Douglas asked if the figures Staff presented regarding developable area include Robertson Ranch. Ms. Jesser stated out of the two categories presented, 1,100 are in Robertson Ranch.
Commissioner Dominguez asked Ms. Jesser to estimate how much time she has spent working on this issue. Ms. Jesser stated approximately 20 hours. Commissioner Dominguez stated most probably condominiums and apartments would be exempt from any determination the Commission would make. He added existing home and remodels would also be exempt because it would be hard to do a retrospective imposition of that type. Commissioner Dominguez stated the market should be the ultimate determinate of what the consumer buys and the consumer should be aware of the purchases they are making. He added the boat has sailed on the situation and the Commission ought to throw in the towel. He stated he could support a statement by the Commission encouraging the City Council to set up a policy that would encourage a certain number of the new larger homes to have at least one 9-foot portal.
Chairperson Baker stated that Commissioner Dominguez made an interesting point that the Commission could always suggest a rule requiring a home over a certain amount of square footage contain at least one garage door with a 9-foot opening.
Commissioner Whitton stated he feels this should be a consumer choice. He added he thinks the developers should be asked to provide notification to the consumer that the choice is available, but to pick a percentage of houses and mandate that they have a 9-foot garage door could throw off the front elevations.
Mr. Neu stated one of the difficulties Staff has experienced with Council Policy is that because they are not part of the Municipal Code and they are not as apparent to individuals who are beginning the design process they usually come upon the policy later in their design once something has been submitted. He added that if the Commission did decide to do something about this issue, Staff would recommend that it be part of the Municipal Code so it would be easier for someone beginning the design process to discover.
Chairperson Baker asked if any member of the audience wished to speak on Agenda Item 5; seeing none, she opened and closed Public Testimony.
Commissioner Whitton stated the public has spoken does not seem to be interested.
Commissioner Boddy outlined several of the factors she considered when making her determination and concluded by adding that she does not support devoting staff time and resources to further study this issue.
Commissioner Douglas stated she could not support spending any further time and energy on this matter.
Commissioner Dominguez stated he concurs with his fellow Commissioners and added he feels that the market forces should be the primary determinate for the consumer.
Commissioner Montgomery stated he concurs with his fellow Commissioners.
Commissioner Cardosa stated he also concurs and added if the standard were to be dedicated to be 9-foot or greater there would still be many of the oversized vehicles that would not fit into those garages because of height limitations.
Chairperson Baker stated she can understand the issue, but agrees with her fellow Commissioners. She added she has further concern because it is not just the size of the garage door that would need to be changed; it could potentially affect the sideyard setbacks, size of the homes, it would require bigger posts and a wider opening. She stated that before too long, a lot of things beside the size of a garage door are being changed.
Commissioner Montgomery stated his belief that from time-to-time Staff had encouraged the articulation of the architecture and aesthetics of a building and garage doors. He added maybe Staff would consider allowing developers more latitude in the design of buildings.
Motion to approve that the Planning Commission deny Resolution No. 6322 denying the preparation of an amendment to Title 21 of the Municipal Code to address the restricted access issues associated with single-car garage doors. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission deny Resolution No. 6322 denying the preparation of an amendment to Title 21 of the Municipal Code to address the restricted access issues associated with single-car garage doors. (Approved)
Chairperson Baker closed the Public Hearing on Agenda Item 5 and asked Mr. Neu to introduce the next item.
6.
NPDES PERMIT REQUIREMENTS
- This presentation is aimed at providing background to the Commissioners regarding the new NPDES Municipal Permit requirements related to Low Impact Design for the City and for developers. Basic water quality impacts will be discussed along with types of Best Management Practices (BMPs) that are part of development projects brought to the Commission for approval. These new permit requirements build on existing programs established under the most recent NPDES permit issued in 2001.
NPDES Permit Requirements Staff Report
Mr. Neu introduced Agenda Item 6 and stated Environmental Programs Manager Elaine Lukey would make the Staff Presentation.
Elaine Lukey gave a brief presentation assisted by Mikhail Ogawa and stated they would both be available to answer any questions that the Commission might have.
Commissioner Dominguez asked if these federally mandated requirements will be subsidized by the State of California. Ms. Lukey stated the short answer is no and the long answer requires an explanation of the differences between State and Federal regulations. Because the State is merely implementing Federal Clean Water Act requirements, it is unlikely there will be any State funding.
Assistant City Attorney Jane Mobaldi stated her belief that there was litigation regarding this matter. She added it is her understanding that the City and the County were arguing that this is a State mandate and therefore it should be funded to the Cities. She stated she is not sure of the current status, but it may be on appeal. Ms. Lukey added that she is not sure about the appeal either.
Commissioner Montgomery asked if in the case of smaller projects, is Staff seeing treatment control being set aside and is there another type of source control that is being implemented. Mr. Ogawa stated what the Regional Board Permit requires the City to do is make these requirements of developers for certain types of projects. He added there is a laundry list of the different types of projects. Mr. Ogawa stated some single family dwellings may be captured in those requirements based upon the square footage of their driveway, for example. Discussion ensued regarding the application of these requirements to the single family dwellings.
Commissioner Whitton asked if contamination of the ground occurs at the desilting basins. He added that is seems over time the ground in which the water sits would become polluted and serve no useful purpose, because it is already polluted and any water that touches it will become polluted over an above or up to its density level. Mr. Ogawa stated there is some validity to that and it is one of the purposes of the long-term perpetual maintenance agreements. For example, if a subdivision had a desilting basin or a large detention basin, they would be required to inspect it on an annual basis to determine it’s effectiveness and if it needs to be cleaned out. He added if it does need to be cleaned out, the material would then be tested to see if it’s hazardous and dispose of it properly. Further discussion ensued regarding the disposal of pollutants and the regulations involved.
Commissioner Dominguez stated some of the long-standing desilt basins have not been maintained and have become overgrown. He asked how the City monitors the basins and if there is scheduled monitoring in place. Ms. Lukey stated it is now a scheduled monitoring process. She added an inventory of desilt basins within the City is being updated and within the last year three were owned by the City and there were approximately 80 privately owned desilt basins, but deferred to Deputy City Engineer Dave Hauser for accurate updated numbers. Ms. Lukey went on to explain the permits and processes in place to monitor all desilt basins.
Deputy City Engineer David Hauser stated there is somewhere between 110 and 120 of these basins in the City. He added Staff is going through the inventory and will have to determine whether each one is a pollutant control basin or not. He stated some of the basins are strictly used for retention. Mr. Hauser stated the pollutants in the basins has not been found to be a problem and added most pollutants do not enter the ground more than 8 to 10 inches and do not contaminate the ground water. Mr. Hauser went on to explain some differences between various basins and their uses.
Chairperson Baker asked if after all the money and effort any tests have been conducted to determine whether this is having an impact on clean water. Mr. Ogawa stated all of the Cities and the County have a contract to perform annually monitoring at all the downstream locations. He added at almost every single lagoon within the County there is testing to determine whether or not there is a reduction in pollutants. Mr. Ogawa went on to explain reductions to pollutants and the monitoring and permitting process.
Ms. Lukey stated there has been a noticeable improvement in the last five years of the program. She added in programs that the City undertakes have been able to find illegal dumping; illicit connections where someone in a building connected a sewer connection to the storm drain. She added there has not been a beach closure in Carlsbad caused by urban runoff for the past four years.
Commissioner Whitton stated his HOA consists of approximately 97 homes and has 4 or 5 desilting ponds and added that cleaning those out would be expensive. He asked if there is anything that can be done to adjudicate that. Mr. Hauser stated that the City is required to make the owner of the property maintain the facility in the manner they were originally designed. He added notices would be sent to the homeowners in the areas where Staff has determined that the basins have issues or problems. Mr. Hauser stated that as far as adjudication goes, the homeowner is welcome to try that route. He added several cities have been fighting these regulations for some time. Mr. Hauser went on to explain the maintenance responsibilities and various options.
Commissioner Boddy stated one of the types of urban run-off identified was car washing. She asked if the City has considered banning car washing outside of a licensed car wash facility. Ms. Lukey stated in the past five years she does not believe City Council has considered that option. She added from a commercial perspective, Staff inspects commercial car washes to insure there is no discharge from the facility. Ms. Lukey went on to explain the procedures in place for residential complaints about illegal dumping.
Commissioner Douglas asked if there are any ordinances in place governing mobile car washes. Ms. Lukey stated there isn’t an actual ordinance other than the ordinance that says, "no discharge" which covers all commercial businesses. She added if there is a complaint, Staff will investigate the mobile washer's activities and provide education regarding best management practices to avoid negative impacts to the environment.
Commissioner Dominguez stated his recollection that most of the literature that is distributed to households informs citizens that commercial car washes use recycled water. He asked if there is a requirement that commercial car washes recycle their wash water. Ms. Lukey stated she believes that there is not a requirement for recycling, but for treatment through EWA, and it is probably more of a code issue. Commissioner Dominguez stated he feels that it would be a good idea to have a City ordinance regarding this issue. Ms. Lukey offered to follow-up and get back to Commissioner Dominguez to confirm.
Chairperson Baker asked if there were any more questions for Staff; seeing none, she asked Mr. Neu to introduce the next item.
7.
PROPOSITION D CITIZENS PROCESS COMMITTEE APPOINTMENT
- Appoint a Planning Commissioner to serve on the Proposition D Citizens Process Committee.
PLANNING COMMISSION ACTION:
Commissioner Dominguez appointed (Commissioner Boddy abstained) (6-0-1)
Proposition D Citizens Process Committee Appointment Staff Report
Mr. Neu introduced Agenda Item 7 and gave a brief overview of the Proposition D Citizens Process Committee.
Chairperson Baker stated it is her understanding that Commissioner Douglas had been appointed to the Committee by Mrs. Kulchin. Commissioner Douglas stated she had been appointed as a citizen at large, not as a member of the Planning Commission.
Chairperson Baker asked if any member of the Commission cared to volunteer to serve on the Committee.
Commissioner Dominguez stated since he is up to speed on the Committee he would volunteer.
Commissioner Boddy stated she had studied this issue as part of her Urban Planning and Development program at UCSD and would be happy to serve, but she would defer to Commission Dominguez if he prefers to serve.
Commissioner Dominguez stated he feels he is best suited to sit on the Committee based on his experience.
Chairperson Baker asked if Commissioner Dominguez would be willing to communicate with Commissioner Boddy to enable her to act as an alternate. She added that she is not sure if the Council has allowed for that provision.
Ms. Mobaldi stated it would be safe to include that provision informally.
Motion to approve that the Planning Commission appoint Commissioner Dominguez to serve on the Proposition D Citizens Process Committee. Moved by Commissioner Cardosa, seconded by Commissioner Whitton.
Vote to approve that the Planning Commission appoint Commissioner Dominguez to serve on the Proposition D Citizens Process Committee. (Approved)
Chairperson Baker closed the Pubic Hearing on Agenda Item 7.
COMMSSIONER COMMENTS
None.
PLANNING DIRECTOR COMMENTS
Mr. Neu stated the special meeting that was scheduled for early August has been canceled. He added the next regularly scheduled meeting would be for August 15. He stated, in terms of big projects on the horizon, the Ponto project is tentatively scheduled for September 5.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of July 18, 2007, was adjourned at 7:40 p.m.
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