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CALL TO ORDER

ROLL CALL

Roll Call: 7 members present, 1 members absent, 0 members excused.

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES May 6, 2009 - Approved (Baker absent/ L’Heureux abstained)(4-0-2)

Motion to approve the Planning Commission Minutes from May 6, 2009. Moved by Commissioner Douglas, no second required.

PLANNING COMMISSION PUBLIC HEARING

1. CUP 08-19 - BRESSI RANCH ASSISTED LIVING - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Final Program Environmental Impact Report and that the Program EIR adequately describes the action for the purposes of CEQA, and approval of a Conditional Use Permit (CUP 08-19) to develop a professional care facility with 50 rooms and 82 beds with common dining and recreation rooms on a previously graded 2.5-acre property located in Planning Area 15 of the Bressi Ranch Master Plan north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street in Local Facilities Management Zone 17.
Resolution No. 6567

Bressi Ranch Assisted Living Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6567 APPROVING Conditional Use Permit (CUP 08-19) based on the findings and subject to the conditions contained therein. Moved by Commissioner Douglas, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6567 APPROVING Conditional Use Permit (CUP 08-19) based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:30:39)

Kevin Moriarty, applicant, gave a brief presentation and stated he would be available to answer any questions. Commissioner Dominguez asked about the unit reduction from the previously approved design. Mr. Moriarty stated the original project hasd47 for sale units along with 120,000 square feet and was 3 stories high. The maximum number of residents was160. This new design is 1/3 the size of the original design. Chairperson Montgomery asked the reasons for the redesign. Mr. Moriarty stated because of the housing market along with the commercial lending market. Commissioner Douglas inquired about residents. Mr. Moriarty stated there will be monthly leases, and the business hours will be 8 - 5, m-f, smaller staff for evenings. Time to time there will need to be emergency vehicles. Average age is 85 years old. Commissioner Boddy asked how many people will be employed. Mr. Moriarty stated about 80-90 employees with a maximum of about 30 employees on site every day. Mr. Westman stated that per the code there is a parking ratio. Will have more parking spaces than there is available. Residents won't be driving. Commissioner Douglas....both builder and developer. Has alzhiemer units. Commissioner Boddy asked if there is overflow parking on the street. Mr. Westman stated there is street parking on all four sides of the building, all public parking. Chairperson Montgomery opened and closed public testimony on the item. Commissioner L'Heureux asked about the reclaimed water and if there will be a note placed on the drawings to indicate as such. Mr. Westman .... Chairperson Montgomery...Hap feels...Mr. Neu stated there is an engineering condition, #2 authorizes staff to approve it internally. Hap stated that would be sufficient.

2. CDP 07-22/HDP 07-02/SUP 07-04/HMP 07-08 - EL CAMINO REAL ROAD WIDENING - Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and the approval of a Coastal Development Permit, Hillside Development Permit, Special Use Permit, and Habitat Management Plan Permit to widen a 4,600-foot (0.87 mile) length of El Camino Real between Tamarack Avenue and Chestnut Avenue in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1 and 2. Resolutions No. 6560, 6561, 6562, 6563, 6564

El Camino Real Road Widening Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6560 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolution Nos. 6561, 6562, 6563, 6564, APPROVING Coastal Development Permit (CDP 07-22), Hillside Development Permit (HDP 07-02), Special Use Permit (SUP 07-04), and Habitat Management Plan Permit (HMP 07-08) based on the findings and subject to the conditions contained therein....including the amendment. Moved by Commissioner Douglas, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6560 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolution Nos. 6561, 6562, 6563, 6564, APPROVING Coastal Development Permit (CDP 07-22), Hillside Development Permit (HDP 07-02), Special Use Permit (SUP 07-04), and Habitat Management Plan Permit (HMP 07-08) based on the findings and subject to the conditions contained therein....including the amendment. (Approved) (Recorded at 01:50:30)

Commissioner Boddy asked if the Planning Commission has final decision making authority. Ms. Drew stated yes. Commissioner Dominguez stated the Council should weigh in in regards to the undergrounding of the utilities along this stretch of El Camino Real. Eva Plajzer explained. Commissioner Dominguez asked if there was any way to borrow against those funds, and it would seem to more costly to finish this project only to have to the undergrounding done at a later date. Ms. Plajzer further stated the cost is marginally more expensive. Chairperson Montgomery stated the city already has a policy for undergrounding in place. The idea of the policy is to take advantage of the Rule 20 funds but the city didn't have a way to rank those projects. Commissioner Douglas asked when the project was bid. Ms. Plajzer stated the project has not been out for bidding yet. Ms. Mobaldi stated a condition could be added with the Special Use Permit. Chairperson Montogmery opened public testimony. Robert Magness, 3801 Adler Avenue, representing ???, is concerned about drainage and runoff. He would like to see a retaining wall and is concerned about erosion on his property. Commissioner L'Heureux asked for clarification. Small drain system on Alder Avenue. Commissioner Dominguez asked about the timeframe for the accidents. Nancy Beauleau, Palisades, is concerned about the slope, drainage, stability of the slope. Natural spring drains on a consistent basis. Is anything being done to watch that area.

Ms. Plajzer stated there will be a retaining wall along with an inlet. There will be adequate storm drain inlets along El Camino Real. As for the storm drain issues along Alder and Skyline, it is outside the project limits. It can be reviewed as a separate project. In regards to slope stability, there will not any more widening along that area. Ms. Plajzer is not aware of any spring in that area. Commissioner L'Heureux stated he shares his same concerns regarding the undergrounding, and feels it might be appropriate to have a condition for future reimbursement agreements. It should be brought to the council's attention. It's a shame to not do it now. Commissioner Boddy stated she concurs with Commissioner L'Heureux, and she feels that there is quite a bit a new information and would like to see a continuance. Commissioner Dominguez... obviate??? Commissioner Douglas agrees with the undergrounding. Does not like receiving packets at the last minute and would like it be a commission policy. Commissioner L'Heureux asked Ms. Mobaldi if the Commission approves this item, Mr. Sprague's only recourse would be to appeal to the Council. Ms. Mobaldi.... Mr. Neu addressed the lateness of materials. Staff does not have the authority to not accept materials from the public.

Ms. Drew stated she and Ms. Plajzer met with Mr. Sprague in April, and both have responded to his letters. Ms. Plajzer responded. Commissioner Dominguez asked if Mr. Sprague's questions have been answered. Ms. Plajzer stated about 1/2 of the questions have been responded. The most current letter will be responded to. Commissioner L'Heureux asked if the letters would cause any redesign or additional work. Ms. Plajzer responded. Commissioner Dominguez stated he would be pleased to support the project with the policy for the undergrounding. Ms. Mobaldi stated that a condition for reimbursement is not within the commission's purview. RECESS @ 7:30. RECONVENED @ 7:42 Commissioner L'Heureux stated he supports the project and the project should include a condition about undergrounding in the SUP. Commissioner Boddy stated she agreed and it is an important project for the City. Commissioner Dominguez supports the inclusion of the condition for undergrounding and there should be an evaluation for impacts to this project by completing an assessment of the area. Commissioner Douglas agreed with Commissioner Dominguez. Chairperson Montgomery also concurs with Commissioner Dominguez as well as a condition for undergrounding pursuant to policy 41.

3. ZCA 08-01/ LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definition and other related amendments to the Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance. Resolutions No. 6565, 6566

Building Height Zone Code Amendment Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6565 and 6566 RECOMMENDING APPROVAL of ZCA 08-01 and LCPA 08-02 based on the findings contained therein. Moved by Commissioner Douglas, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6565 and 6566 RECOMMENDING APPROVAL of ZCA 08-01 and LCPA 08-02 based on the findings contained therein. (Approved) (Recorded at 02:11:57)

Chairperson Montgomery inquired about discretionary items. Mr. Neu stated that Staff has treated a graded plan like a building permit, as ministerial. Will this pertain to the single family homes. Mr. Neu stated... Chairperson Montgomery asked if there any questions of staff. Public testimony opened and closed. Commissioner L'Heureux stated he was impressed to see the amount of comments from third party businesses. Commissioner Boddy...

Commissioner Boddy stated she attended the minute of the Historic Preservation Committee. Commissioner Dominguez commented about the Green Team.

Commissioner Boddy inquired about the grant application for smart growth funding for the Barrio Area. Mr. Neu responded. Questions regarding smart growth areas, housing element and why it is not certified. Design Review Board update.

Jun 03, 2009 Planning Commission Meeting

Full agenda
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CALL TO ORDER

ROLL CALL

Roll Call: 7 members present, 1 members absent, 0 members excused.

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES May 6, 2009 - Approved (Baker absent/ L’Heureux abstained)(4-0-2)

Motion to approve the Planning Commission Minutes from May 6, 2009. Moved by Commissioner Douglas, no second required.

PLANNING COMMISSION PUBLIC HEARING

1. CUP 08-19 - BRESSI RANCH ASSISTED LIVING - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Final Program Environmental Impact Report and that the Program EIR adequately describes the action for the purposes of CEQA, and approval of a Conditional Use Permit (CUP 08-19) to develop a professional care facility with 50 rooms and 82 beds with common dining and recreation rooms on a previously graded 2.5-acre property located in Planning Area 15 of the Bressi Ranch Master Plan north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street in Local Facilities Management Zone 17.
Resolution No. 6567

Bressi Ranch Assisted Living Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6567 APPROVING Conditional Use Permit (CUP 08-19) based on the findings and subject to the conditions contained therein. Moved by Commissioner Douglas, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6567 APPROVING Conditional Use Permit (CUP 08-19) based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:30:39)

Kevin Moriarty, applicant, gave a brief presentation and stated he would be available to answer any questions. Commissioner Dominguez asked about the unit reduction from the previously approved design. Mr. Moriarty stated the original project hasd47 for sale units along with 120,000 square feet and was 3 stories high. The maximum number of residents was160. This new design is 1/3 the size of the original design. Chairperson Montgomery asked the reasons for the redesign. Mr. Moriarty stated because of the housing market along with the commercial lending market. Commissioner Douglas inquired about residents. Mr. Moriarty stated there will be monthly leases, and the business hours will be 8 - 5, m-f, smaller staff for evenings. Time to time there will need to be emergency vehicles. Average age is 85 years old. Commissioner Boddy asked how many people will be employed. Mr. Moriarty stated about 80-90 employees with a maximum of about 30 employees on site every day. Mr. Westman stated that per the code there is a parking ratio. Will have more parking spaces than there is available. Residents won't be driving. Commissioner Douglas....both builder and developer. Has alzhiemer units. Commissioner Boddy asked if there is overflow parking on the street. Mr. Westman stated there is street parking on all four sides of the building, all public parking. Chairperson Montgomery opened and closed public testimony on the item. Commissioner L'Heureux asked about the reclaimed water and if there will be a note placed on the drawings to indicate as such. Mr. Westman .... Chairperson Montgomery...Hap feels...Mr. Neu stated there is an engineering condition, #2 authorizes staff to approve it internally. Hap stated that would be sufficient.

2. CDP 07-22/HDP 07-02/SUP 07-04/HMP 07-08 - EL CAMINO REAL ROAD WIDENING - Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and the approval of a Coastal Development Permit, Hillside Development Permit, Special Use Permit, and Habitat Management Plan Permit to widen a 4,600-foot (0.87 mile) length of El Camino Real between Tamarack Avenue and Chestnut Avenue in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1 and 2. Resolutions No. 6560, 6561, 6562, 6563, 6564

El Camino Real Road Widening Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6560 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolution Nos. 6561, 6562, 6563, 6564, APPROVING Coastal Development Permit (CDP 07-22), Hillside Development Permit (HDP 07-02), Special Use Permit (SUP 07-04), and Habitat Management Plan Permit (HMP 07-08) based on the findings and subject to the conditions contained therein....including the amendment. Moved by Commissioner Douglas, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6560 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolution Nos. 6561, 6562, 6563, 6564, APPROVING Coastal Development Permit (CDP 07-22), Hillside Development Permit (HDP 07-02), Special Use Permit (SUP 07-04), and Habitat Management Plan Permit (HMP 07-08) based on the findings and subject to the conditions contained therein....including the amendment. (Approved) (Recorded at 01:50:30)

Commissioner Boddy asked if the Planning Commission has final decision making authority. Ms. Drew stated yes. Commissioner Dominguez stated the Council should weigh in in regards to the undergrounding of the utilities along this stretch of El Camino Real. Eva Plajzer explained. Commissioner Dominguez asked if there was any way to borrow against those funds, and it would seem to more costly to finish this project only to have to the undergrounding done at a later date. Ms. Plajzer further stated the cost is marginally more expensive. Chairperson Montgomery stated the city already has a policy for undergrounding in place. The idea of the policy is to take advantage of the Rule 20 funds but the city didn't have a way to rank those projects. Commissioner Douglas asked when the project was bid. Ms. Plajzer stated the project has not been out for bidding yet. Ms. Mobaldi stated a condition could be added with the Special Use Permit. Chairperson Montogmery opened public testimony. Robert Magness, 3801 Adler Avenue, representing ???, is concerned about drainage and runoff. He would like to see a retaining wall and is concerned about erosion on his property. Commissioner L'Heureux asked for clarification. Small drain system on Alder Avenue. Commissioner Dominguez asked about the timeframe for the accidents. Nancy Beauleau, Palisades, is concerned about the slope, drainage, stability of the slope. Natural spring drains on a consistent basis. Is anything being done to watch that area.

Ms. Plajzer stated there will be a retaining wall along with an inlet. There will be adequate storm drain inlets along El Camino Real. As for the storm drain issues along Alder and Skyline, it is outside the project limits. It can be reviewed as a separate project. In regards to slope stability, there will not any more widening along that area. Ms. Plajzer is not aware of any spring in that area. Commissioner L'Heureux stated he shares his same concerns regarding the undergrounding, and feels it might be appropriate to have a condition for future reimbursement agreements. It should be brought to the council's attention. It's a shame to not do it now. Commissioner Boddy stated she concurs with Commissioner L'Heureux, and she feels that there is quite a bit a new information and would like to see a continuance. Commissioner Dominguez... obviate??? Commissioner Douglas agrees with the undergrounding. Does not like receiving packets at the last minute and would like it be a commission policy. Commissioner L'Heureux asked Ms. Mobaldi if the Commission approves this item, Mr. Sprague's only recourse would be to appeal to the Council. Ms. Mobaldi.... Mr. Neu addressed the lateness of materials. Staff does not have the authority to not accept materials from the public.

Ms. Drew stated she and Ms. Plajzer met with Mr. Sprague in April, and both have responded to his letters. Ms. Plajzer responded. Commissioner Dominguez asked if Mr. Sprague's questions have been answered. Ms. Plajzer stated about 1/2 of the questions have been responded. The most current letter will be responded to. Commissioner L'Heureux asked if the letters would cause any redesign or additional work. Ms. Plajzer responded. Commissioner Dominguez stated he would be pleased to support the project with the policy for the undergrounding. Ms. Mobaldi stated that a condition for reimbursement is not within the commission's purview. RECESS @ 7:30. RECONVENED @ 7:42 Commissioner L'Heureux stated he supports the project and the project should include a condition about undergrounding in the SUP. Commissioner Boddy stated she agreed and it is an important project for the City. Commissioner Dominguez supports the inclusion of the condition for undergrounding and there should be an evaluation for impacts to this project by completing an assessment of the area. Commissioner Douglas agreed with Commissioner Dominguez. Chairperson Montgomery also concurs with Commissioner Dominguez as well as a condition for undergrounding pursuant to policy 41.

3. ZCA 08-01/ LCPA 08-02 - BUILDING HEIGHT ZONE CODE AMENDMENT - A request for a recommendation of approval for a Zone Code Amendment and Local Coastal Program Amendment to amend the "Building Height" definition and other related amendments to the Chapter 21.04 - Definitions of the City of Carlsbad Zoning Ordinance. Resolutions No. 6565, 6566

Building Height Zone Code Amendment Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6565 and 6566 RECOMMENDING APPROVAL of ZCA 08-01 and LCPA 08-02 based on the findings contained therein. Moved by Commissioner Douglas, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6565 and 6566 RECOMMENDING APPROVAL of ZCA 08-01 and LCPA 08-02 based on the findings contained therein. (Approved) (Recorded at 02:11:57)

Chairperson Montgomery inquired about discretionary items. Mr. Neu stated that Staff has treated a graded plan like a building permit, as ministerial. Will this pertain to the single family homes. Mr. Neu stated... Chairperson Montgomery asked if there any questions of staff. Public testimony opened and closed. Commissioner L'Heureux stated he was impressed to see the amount of comments from third party businesses. Commissioner Boddy...

Commissioner Boddy stated she attended the minute of the Historic Preservation Committee. Commissioner Dominguez commented about the Green Team.

Commissioner Boddy inquired about the grant application for smart growth funding for the Barrio Area. Mr. Neu responded. Questions regarding smart growth areas, housing element and why it is not certified. Design Review Board update.

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