Video index
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Roll call (9 Present, 0 Absent, 0 Excused)
APPROVAL OF MINUTES July 1, 2009 - Approved (Dominguez/Nygaard Abstained) (5-0-2)
Motion to approve the July 1, 2009 Planning Commission Minutes Moved by Commissioner Douglas, no second required.
CONTINUED PUBLIC HEARING
1.
EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE
- Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, two Site Development Plans, Variance and eight Conditional Use Permits for the development of a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in the southeast quadrant of the City in Local Facilities Management Zone 11. Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6587, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597
La Costa Town Square Staff Report - Part 1
La Costa Town Square Staff Report - Part 2
La Costa Town Square Staff Report - Part 3
La Costa Town Square Staff Report - Part 4
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6577 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 RECOMMENDING APPROVAL of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05, , Site Development Plan 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and ADOPT Planning Commission Resolution Number 6587 APPROVING Site Development Plan 01-03 based on the findings and subject to the conditions contained therein including all items included in the errata sheet, condition regarding lighting, condition of drop box for the library, condition of screening the cool roof per the Planning Director's discretion. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6577 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 RECOMMENDING APPROVAL of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05, , Site Development Plan 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and ADOPT Planning Commission Resolution Number 6587 APPROVING Site Development Plan 01-03 based on the findings and subject to the conditions contained therein including all items included in the errata sheet, condition regarding lighting, condition of drop box for the library, condition of screening the cool roof per the Planning Director's discretion. (Approved) (Recorded at 02:52:04)
Commissioner Dominguez recused himself from the dias. Commissioner Nygaard asked to participate in the hearing. Chairperson Montgomery asked if the applicant wished to continue with only 6 commissioners present. Mr. O'Day stated yes. Chairperson Montgomery acknowledged that the Commission has received numerous letters in regards to the project. Ms. Mobaldi stated the letters will become a part of the public record. Mr. Lynch directed the Commission's attention to slides to point out trails, sidewalks, bus stops, and proposed traffic signals. Mr. Lynch discussed the multi-family site for the project. Three stories, 40 feet maximum. about 150 feet setback between homes. helps meet regional housing needs. more affordable not lower income. Chairperson Montgomery asked if there were questions about the multi-family site. Mr. Lynch stated the project has evolved over time. That area was originally going to be an office site. As it has evolved, the City has been looking for housing sites. Could be compatibility issues if the office and residential were switched. Commissioner Nygaard asked if there was precedent in the City for placing higher density housing near shopping centers. Mr. Lynch stated the theory Higher residential areas it will serve more people. Commissioner Baker asked about the housing element. Mr. Neu stated it is both State and Regional housing. Mr. Neu explained why the housing element is important to the City as well as the importance of providing higher density housing in the City. Commissioner Douglas asked about the quadrant levels for Mr. Lynch stated the project has a net of 110 units to draw from the excess dwelling unit bank.
Chairperson Montgomery asked about buffering between the proposed with the existing homes. Mr. Lynch explained Commissioner Douglas asked about the zoning for this area. Mr. Lynch further discussed the views from the project site and directed the Commission's attention to another slide depicted the potential views from various areas near the project site. Commissioner Nygaard asked about colors of the roof. Mr. Lynch stated the colors of the roof will be white but additional roof screening is optional. Commissioner L'Heureux asked if there are any cool roofs in the City. Mark Langan, 12220 El Camino Real, San Diego 92130, stated there are two buildings in the Carlsbad with the cool roof design. Mr. Lynch further discussed lighting for the project. The project is conditioned to provide a lighting study. The light will be contained onsite. Chairperson Montgomery asked if the lighting study will be required for the entire project at one time. Mr. Lynch stated Staff typically sees the lighting study at the beginning of the project. Chairperson Montgomery asked about protections the city has for different types of lighting and cutoff lights at certain hours.
Mr. Lynch discussed water usage for the project. Commissioner L'Heureux asked about water usage within the buildings. Mr. Lynch stated there are not required through Planning. Mike Peterson, Development Services Manager, stated there are requirement within the code that requires...It is required in the residential areas. There are two fountains and two water features on the project. Mr. Lynch addressed green building standards. Mr. Peterson responded. Chairperson Montgomery inquired about any green buildings. Mr. Langan gave a detailed explanation regarding green buildings and leed certification. Mr. Lynch continued. Mr. Wickham responded to questions regarding long term effects from blasting. Commissioner Boddy asked about the aquafir being damaged. Glen Van Peski responded. Commissioner Douglas asked the amount blasting. Mr. Van Peski stated most of the blasting was done previously by the Village of La Costa. Within 600 feet will be noticed. The developer is responsible for addressing complaints. Do not expect the extent of blasting as was done previously. Commissioner L'Heureux asked about the exact wording of the notice. Mr. Van Peski stated there are guidelines and policies in place with exact wording to be contained of the notice.
Commissioner Nygaard asked if there will be a drop box for the library. Mr. Lynch stated the Library is open to the idea but does not feel it should be required at this time. Chairperson Montgomery asked if there has been any discussion of a smaller satellite facility for the post office. Mr. Lynch stated no and further stated the police department stated there is no need for a police facility at this site. Mr. Lynch discussed air pollution, stockpiling, grading for both the residential and commercial sites, Chairperson Montgomery asked if there is anything unusual regarding the grading. Mr. Wickham stated no and the sites will graded together. Chairperson Montgomery asked about the length of time and dust control. Mr. Van Peski stated the length of time is difficult to respond to. The project will be conditioned to contain dust.... Mr. Lynch discussed gathering areas for the plaza, community events, and responded to questions raised in the numerous letters from the public. Mr. Lynch responded to the letter from Mr. Delano. Mr. Lynch asked Mr. Jerry McLeese from EDAW to respond. Mr. Neu included the Habitat Management Plan. Homeowners should call ??? work with Developer and developer's contractor. Mr. Lynch responded to letters from ?? regarding delivery trucks, displacement of animals, lights. Rresponded to letters from Nancy Curry and Ron Dechter. Mr. Lynch discussed the errata sheet for the project. Chairperson Montgomery asked the applicant to respond to any items raised. Pat O'Day gave a brief response regarding the traffic signals and connections. In regards to grading, it should take about 2 months. Commissioner Douglas asked about bicycle parking. Yes there will be. Dawn Wilson, RBF, gave a brief presentation regarding traffic impacts.
Commissioner Douglas asked about improvements for the intersection in San Marcos. Commissioner L'Heureux asked if a revised condition is required. Mr. Wickham stated that it is in the errata sheet. Commissioner L'Heureux asked for graphics for traffic signals interconnects. Ms. Wilson directed the Commission's attention to a slide and further explained the traffic signal interconnects. Chairperson Montgomery asked about a dedicated right turn pocket from La Costa Ave onto Rancho Santa Fe Road. Sam Kab, 4540 Kearny Villa Road, responded. Commissioner Douglas asked again about water issues. Mr. Lynch responded. OMWD is the agency responsible for providing water. The developer has the opportunity to purchase credits to turn potable water to non-potable water uses. DISCUSSION Commissioner Baker stated her biggest issue with the project is solar readiness and urged the developer to think very long term for the project site. Does not have any issues with high density on the site, likes that the project will provide services for the community, Commissioner L'Heureux thanked staff and the applicant for a methodical review of the project and the points raised over the past number of weeks. He agrees with Commissioner Baker in regards to solar readiness and green buildings. His concerns about traffic and interconnectivity have been addressed. Does not have an issue with high density on the site. He feels the market will dictate the types of buildings and uses. Commissioner Nygaard stated concurred with Commissioner L'Heureux. She stated she has an issue with the rooftops on the buildings, should not be white, would like a library project. Overall is pleased with the project. Commissioner Boddy feels there will be significant impacts with this project and there will be mitigation measures imposed because of those impacts. The benefits of the this project outweigh the impacts. Is concerned with the water features with the project, wants to ensure this will be a beautiful attractive town square. High density does not mean low quality and she has no issue with it. Would like to see more green building elements, feels the solar readiness of the buildings is good. Commissioner Douglas feels this project will bring many jobs and create shopping opportunities for the community. Would like to see more conditions regarding the proposed lighting for the project. Would like to see this project be a magnet for the community. Chairperson Montgomery stated he is generally in favor of the project, but he does have some concerns with the project. Does not feel the traffic issues will be better along LCA past Levante going eastbound. Likes the concept of interlinking the signals in the area. feels it is lacking on the entertainment aspects in the plaza, was concerned about the size of the town square, feels La Costa deserves a high class shopping center, high density will directly support the shopping center
Ms. Mobaldi stated there are not requirements for solar in the city's code. If the applicant is in agreement for conditioning the project to solar ready, it can be conditioned as such. Mr. O'Day gave a summary of the specifics regarding solar readiness. Commissioner L'Heureux asked if it would be for the entire project or certain elements. Mr. O'Day was prepared for the commercial and office portions of the project but not the residential. Commissioner Nygaard asked if there is a process to send that item sent up to the council. Ms. Mobaldi explained. Rooftop coloring and skirting. Ms. Mobaldi recommended the Commission have that condition to the discretion of the Planning Director. Lighting. Mr. Neu stated a standard condition in 6587, No. 17, page 4. Commissioner Douglas asked about limiting hours of the gas stations. Library drop box. Commissioner Baker asked to change the word from "need" to "feasible." Rooftop...applicant shall screen the cool roof to the satisfaction of the Planning Director to mitigate the impact to the nearby residences.
Motion to approve PLANNING COMMISSION ACTION: that the PC consider sending forward a solar/solar ready projects int he city of crslabd Moved by Commissioner Baker, seconded by .
PLANNING COMMISSION PUBLIC HEARING
2.
CUP 00-36x1 - AT&T 7512 CADENCIA
- Request for a recommendation of approval for a retroactive ten year extension of Conditional Use Permit No. CUP 00-36 to allow the continued operation of an existing Wireless Communications Facility consisting of a 240 square foot radio base station (RBS) within a 400 square foot garage and a total of six (6) panel antennas within two expanded chimney structures and one faux chimney on residential property located at 7512 Cadencia Street in Local Facilities Management Zone 6.
Resolution No. 6600
AT&T 7512 Cadencia Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6600 RECOMMENDING APPROVAL of conditional Use Permit Extension No. CUP 00-36x1, based upon 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. 6600 RECOMMENDING APPROVAL of conditional Use Permit Extension No. CUP 00-36x1, based upon the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:09:56)
3.
CUP 08-10 - 7412 CADENCIA RESIDENCE
- Request for approval of a Conditional Use Permit to allow the continued operation of an existing Wireless Communications Facility consisting of two wall-mounted equipment cabinets and three panel antennas housed within a faux chimney on the roof of an existing single family residence located at 7412 Cadencia Street in Local Facilities Management Zone 6.
Resolution No. 6599
7412 Cadencia Residence Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6599 APPROVING CUP 08-10 based upon 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. 6599 APPROVING CUP 08-10 based upon the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:10:05)
4.
GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/ HDP 07-03/CDP 06-19 - TABATA 10
- Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606, 6607, 6608
Tabata 10 Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6601 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6602, 6603, and 6604 RECOMMENDING APPROVAL of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and ADOPT Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 APPROVING Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein including 6605 Condition 16..the landscape plan shall include trees, shrubs and vines that might provide screening for Lots 12, 11 and 43 Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6601 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6602, 6603, and 6604 RECOMMENDING APPROVAL of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and ADOPT Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 APPROVING Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein including 6605 Condition 16..the landscape plan shall include trees, shrubs and vines that might provide screening for Lots 12, 11 and 43 (Approved) (Recorded at 03:34:35)
Tyler Lawson 535 North Highway 101, Solana Beach, gave a brief presentation and stated he would be available to answer any questions. Items 60 and 61 in conditions. Mr. Van Peski stated it is standard conditions. Chairperson Montgomery opened public testimony. John Peacock, 2306 Lanyard Place, Carlsbad, submitted the concerns of the Eagle Canyon HOA and read a letter into the record. Bud Falkenborg, 5408 Browning Rd, is concerned about the height of the proposed homes as well as traffic and water. Commissioner Baker asked if landscaping would help resolve any issues. Mr. Falkenborg stated he was not sure but it could be helpful. Pat Worstell, Lindsay Drive, would like to know about dust control, the time of the construction and if there are limits, wants reassurance that consideration of the adjacent neighbors would be take care of. Chairperson Montgomery closed public testimony and asked staff to respond. Mr. Van Peski addressed concerns about drainage and the runoff will be less than what there is now. Commissioner Nygaard asked who the question would be referred to if there are issues. Mr. Van Peski stated he could help answer those questions. There are standard construction hours and practices that will be in place. Mr. Funk stated that in regards to landscaping there will be additional plantings which will grown 15 and 30 feet in height. Commissioner Boddy asked how big the trees will be in they are planted. Mr. Funk stated he could work with the landscape architect to select trees that are fast growing and provide a larger canopy. Commissioner Nygaard stated there will be 5 single story homes proposed on the project. Mr. Funk responded. Commissioner L'Heureux stated there seems to be a problem with the first 3 lots (11, 12 and 13). Mr. Funk stated he has asked the landscape architect to increase the landscaping in the that area. Commissioner L'Heureux asked if it would be appropriate to add a condition. Mr. Neu responded. Commissioner Dominguez asked if Lot 13 would be the lot with the biggest problem. Commissioner L'Heureux asked about emergency access on El Camino Real. Mr. Van Peski stated that staff did discuss this issue with the Fire Marshal who did not see the need for emergency access because the fire code is changing to require all homes to be sprinklered. Mr. Funk stated that as far as the washing of homes it would be a private arrangement. Mr. Van Peski stated there would not need to be a traffic control plan for the project.
5.
ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE
- Staff requests that the Planning Commission recommend to City Council approval of a Zone Code Amendment and Local Coastal Program Amendment to amend Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending Chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in Chapters 21.30 (C-M Heavy Commercial—Limited Industrial Zone), 21.32 (M Industrial Zone, and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting Chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending Chapter 21.44 (Parking) by revising the joint use parking provisions.
Resolution No. 6609
Adult Businesses Ordinance Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6609 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 06-02) and Local Coastal Program Amendment (LCPA 06-04) based on the findings contained therein including the errata sheet. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6609 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 06-02) and Local Coastal Program Amendment (LCPA 06-04) based on the findings contained therein including the errata sheet. (Approved) (Recorded at 04:05:25)
Chairperson Montgomery asked how the 1,000 foot radius is established and how is determined to be an allowable amount. Ms. Fox stated that it is based in case law and it is measured from the property line. Chairperson Montgomery asked .... Commissioner L'Heureux asked about sensitive uses and if it is an all inclusive list or if it is one that is continuously morphing. Ms. Fox responded. If there are new uses that are not protected by the current buffers, then those should be added. Chairperson Montgomery asked for comment regarding no longer having discretionary approval. Ms. Fox responded. Chairperson Montgomery asked about further impacts for operating standards. Chairperson Montgomery asked if there will be a CUP for these businesses.
Jul 15, 2009 Planning Commission Meeting
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Roll call (9 Present, 0 Absent, 0 Excused)
APPROVAL OF MINUTES July 1, 2009 - Approved (Dominguez/Nygaard Abstained) (5-0-2)
Motion to approve the July 1, 2009 Planning Commission Minutes Moved by Commissioner Douglas, no second required.
CONTINUED PUBLIC HEARING
1.
EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE
- Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, two Site Development Plans, Variance and eight Conditional Use Permits for the development of a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in the southeast quadrant of the City in Local Facilities Management Zone 11. Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6587, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597
La Costa Town Square Staff Report - Part 1
La Costa Town Square Staff Report - Part 2
La Costa Town Square Staff Report - Part 3
La Costa Town Square Staff Report - Part 4
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6577 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 RECOMMENDING APPROVAL of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05, , Site Development Plan 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and ADOPT Planning Commission Resolution Number 6587 APPROVING Site Development Plan 01-03 based on the findings and subject to the conditions contained therein including all items included in the errata sheet, condition regarding lighting, condition of drop box for the library, condition of screening the cool roof per the Planning Director's discretion. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6577 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 RECOMMENDING APPROVAL of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05, , Site Development Plan 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and ADOPT Planning Commission Resolution Number 6587 APPROVING Site Development Plan 01-03 based on the findings and subject to the conditions contained therein including all items included in the errata sheet, condition regarding lighting, condition of drop box for the library, condition of screening the cool roof per the Planning Director's discretion. (Approved) (Recorded at 02:52:04)
Commissioner Dominguez recused himself from the dias. Commissioner Nygaard asked to participate in the hearing. Chairperson Montgomery asked if the applicant wished to continue with only 6 commissioners present. Mr. O'Day stated yes. Chairperson Montgomery acknowledged that the Commission has received numerous letters in regards to the project. Ms. Mobaldi stated the letters will become a part of the public record. Mr. Lynch directed the Commission's attention to slides to point out trails, sidewalks, bus stops, and proposed traffic signals. Mr. Lynch discussed the multi-family site for the project. Three stories, 40 feet maximum. about 150 feet setback between homes. helps meet regional housing needs. more affordable not lower income. Chairperson Montgomery asked if there were questions about the multi-family site. Mr. Lynch stated the project has evolved over time. That area was originally going to be an office site. As it has evolved, the City has been looking for housing sites. Could be compatibility issues if the office and residential were switched. Commissioner Nygaard asked if there was precedent in the City for placing higher density housing near shopping centers. Mr. Lynch stated the theory Higher residential areas it will serve more people. Commissioner Baker asked about the housing element. Mr. Neu stated it is both State and Regional housing. Mr. Neu explained why the housing element is important to the City as well as the importance of providing higher density housing in the City. Commissioner Douglas asked about the quadrant levels for Mr. Lynch stated the project has a net of 110 units to draw from the excess dwelling unit bank.
Chairperson Montgomery asked about buffering between the proposed with the existing homes. Mr. Lynch explained Commissioner Douglas asked about the zoning for this area. Mr. Lynch further discussed the views from the project site and directed the Commission's attention to another slide depicted the potential views from various areas near the project site. Commissioner Nygaard asked about colors of the roof. Mr. Lynch stated the colors of the roof will be white but additional roof screening is optional. Commissioner L'Heureux asked if there are any cool roofs in the City. Mark Langan, 12220 El Camino Real, San Diego 92130, stated there are two buildings in the Carlsbad with the cool roof design. Mr. Lynch further discussed lighting for the project. The project is conditioned to provide a lighting study. The light will be contained onsite. Chairperson Montgomery asked if the lighting study will be required for the entire project at one time. Mr. Lynch stated Staff typically sees the lighting study at the beginning of the project. Chairperson Montgomery asked about protections the city has for different types of lighting and cutoff lights at certain hours.
Mr. Lynch discussed water usage for the project. Commissioner L'Heureux asked about water usage within the buildings. Mr. Lynch stated there are not required through Planning. Mike Peterson, Development Services Manager, stated there are requirement within the code that requires...It is required in the residential areas. There are two fountains and two water features on the project. Mr. Lynch addressed green building standards. Mr. Peterson responded. Chairperson Montgomery inquired about any green buildings. Mr. Langan gave a detailed explanation regarding green buildings and leed certification. Mr. Lynch continued. Mr. Wickham responded to questions regarding long term effects from blasting. Commissioner Boddy asked about the aquafir being damaged. Glen Van Peski responded. Commissioner Douglas asked the amount blasting. Mr. Van Peski stated most of the blasting was done previously by the Village of La Costa. Within 600 feet will be noticed. The developer is responsible for addressing complaints. Do not expect the extent of blasting as was done previously. Commissioner L'Heureux asked about the exact wording of the notice. Mr. Van Peski stated there are guidelines and policies in place with exact wording to be contained of the notice.
Commissioner Nygaard asked if there will be a drop box for the library. Mr. Lynch stated the Library is open to the idea but does not feel it should be required at this time. Chairperson Montgomery asked if there has been any discussion of a smaller satellite facility for the post office. Mr. Lynch stated no and further stated the police department stated there is no need for a police facility at this site. Mr. Lynch discussed air pollution, stockpiling, grading for both the residential and commercial sites, Chairperson Montgomery asked if there is anything unusual regarding the grading. Mr. Wickham stated no and the sites will graded together. Chairperson Montgomery asked about the length of time and dust control. Mr. Van Peski stated the length of time is difficult to respond to. The project will be conditioned to contain dust.... Mr. Lynch discussed gathering areas for the plaza, community events, and responded to questions raised in the numerous letters from the public. Mr. Lynch responded to the letter from Mr. Delano. Mr. Lynch asked Mr. Jerry McLeese from EDAW to respond. Mr. Neu included the Habitat Management Plan. Homeowners should call ??? work with Developer and developer's contractor. Mr. Lynch responded to letters from ?? regarding delivery trucks, displacement of animals, lights. Rresponded to letters from Nancy Curry and Ron Dechter. Mr. Lynch discussed the errata sheet for the project. Chairperson Montgomery asked the applicant to respond to any items raised. Pat O'Day gave a brief response regarding the traffic signals and connections. In regards to grading, it should take about 2 months. Commissioner Douglas asked about bicycle parking. Yes there will be. Dawn Wilson, RBF, gave a brief presentation regarding traffic impacts.
Commissioner Douglas asked about improvements for the intersection in San Marcos. Commissioner L'Heureux asked if a revised condition is required. Mr. Wickham stated that it is in the errata sheet. Commissioner L'Heureux asked for graphics for traffic signals interconnects. Ms. Wilson directed the Commission's attention to a slide and further explained the traffic signal interconnects. Chairperson Montgomery asked about a dedicated right turn pocket from La Costa Ave onto Rancho Santa Fe Road. Sam Kab, 4540 Kearny Villa Road, responded. Commissioner Douglas asked again about water issues. Mr. Lynch responded. OMWD is the agency responsible for providing water. The developer has the opportunity to purchase credits to turn potable water to non-potable water uses. DISCUSSION Commissioner Baker stated her biggest issue with the project is solar readiness and urged the developer to think very long term for the project site. Does not have any issues with high density on the site, likes that the project will provide services for the community, Commissioner L'Heureux thanked staff and the applicant for a methodical review of the project and the points raised over the past number of weeks. He agrees with Commissioner Baker in regards to solar readiness and green buildings. His concerns about traffic and interconnectivity have been addressed. Does not have an issue with high density on the site. He feels the market will dictate the types of buildings and uses. Commissioner Nygaard stated concurred with Commissioner L'Heureux. She stated she has an issue with the rooftops on the buildings, should not be white, would like a library project. Overall is pleased with the project. Commissioner Boddy feels there will be significant impacts with this project and there will be mitigation measures imposed because of those impacts. The benefits of the this project outweigh the impacts. Is concerned with the water features with the project, wants to ensure this will be a beautiful attractive town square. High density does not mean low quality and she has no issue with it. Would like to see more green building elements, feels the solar readiness of the buildings is good. Commissioner Douglas feels this project will bring many jobs and create shopping opportunities for the community. Would like to see more conditions regarding the proposed lighting for the project. Would like to see this project be a magnet for the community. Chairperson Montgomery stated he is generally in favor of the project, but he does have some concerns with the project. Does not feel the traffic issues will be better along LCA past Levante going eastbound. Likes the concept of interlinking the signals in the area. feels it is lacking on the entertainment aspects in the plaza, was concerned about the size of the town square, feels La Costa deserves a high class shopping center, high density will directly support the shopping center
Ms. Mobaldi stated there are not requirements for solar in the city's code. If the applicant is in agreement for conditioning the project to solar ready, it can be conditioned as such. Mr. O'Day gave a summary of the specifics regarding solar readiness. Commissioner L'Heureux asked if it would be for the entire project or certain elements. Mr. O'Day was prepared for the commercial and office portions of the project but not the residential. Commissioner Nygaard asked if there is a process to send that item sent up to the council. Ms. Mobaldi explained. Rooftop coloring and skirting. Ms. Mobaldi recommended the Commission have that condition to the discretion of the Planning Director. Lighting. Mr. Neu stated a standard condition in 6587, No. 17, page 4. Commissioner Douglas asked about limiting hours of the gas stations. Library drop box. Commissioner Baker asked to change the word from "need" to "feasible." Rooftop...applicant shall screen the cool roof to the satisfaction of the Planning Director to mitigate the impact to the nearby residences.
Motion to approve PLANNING COMMISSION ACTION: that the PC consider sending forward a solar/solar ready projects int he city of crslabd Moved by Commissioner Baker, seconded by .
PLANNING COMMISSION PUBLIC HEARING
2.
CUP 00-36x1 - AT&T 7512 CADENCIA
- Request for a recommendation of approval for a retroactive ten year extension of Conditional Use Permit No. CUP 00-36 to allow the continued operation of an existing Wireless Communications Facility consisting of a 240 square foot radio base station (RBS) within a 400 square foot garage and a total of six (6) panel antennas within two expanded chimney structures and one faux chimney on residential property located at 7512 Cadencia Street in Local Facilities Management Zone 6.
Resolution No. 6600
AT&T 7512 Cadencia Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6600 RECOMMENDING APPROVAL of conditional Use Permit Extension No. CUP 00-36x1, based upon 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. 6600 RECOMMENDING APPROVAL of conditional Use Permit Extension No. CUP 00-36x1, based upon the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:09:56)
3.
CUP 08-10 - 7412 CADENCIA RESIDENCE
- Request for approval of a Conditional Use Permit to allow the continued operation of an existing Wireless Communications Facility consisting of two wall-mounted equipment cabinets and three panel antennas housed within a faux chimney on the roof of an existing single family residence located at 7412 Cadencia Street in Local Facilities Management Zone 6.
Resolution No. 6599
7412 Cadencia Residence Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6599 APPROVING CUP 08-10 based upon 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. 6599 APPROVING CUP 08-10 based upon the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:10:05)
4.
GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/ HDP 07-03/CDP 06-19 - TABATA 10
- Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606, 6607, 6608
Tabata 10 Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6601 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6602, 6603, and 6604 RECOMMENDING APPROVAL of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and ADOPT Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 APPROVING Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein including 6605 Condition 16..the landscape plan shall include trees, shrubs and vines that might provide screening for Lots 12, 11 and 43 Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6601 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6602, 6603, and 6604 RECOMMENDING APPROVAL of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and ADOPT Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 APPROVING Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein including 6605 Condition 16..the landscape plan shall include trees, shrubs and vines that might provide screening for Lots 12, 11 and 43 (Approved) (Recorded at 03:34:35)
Tyler Lawson 535 North Highway 101, Solana Beach, gave a brief presentation and stated he would be available to answer any questions. Items 60 and 61 in conditions. Mr. Van Peski stated it is standard conditions. Chairperson Montgomery opened public testimony. John Peacock, 2306 Lanyard Place, Carlsbad, submitted the concerns of the Eagle Canyon HOA and read a letter into the record. Bud Falkenborg, 5408 Browning Rd, is concerned about the height of the proposed homes as well as traffic and water. Commissioner Baker asked if landscaping would help resolve any issues. Mr. Falkenborg stated he was not sure but it could be helpful. Pat Worstell, Lindsay Drive, would like to know about dust control, the time of the construction and if there are limits, wants reassurance that consideration of the adjacent neighbors would be take care of. Chairperson Montgomery closed public testimony and asked staff to respond. Mr. Van Peski addressed concerns about drainage and the runoff will be less than what there is now. Commissioner Nygaard asked who the question would be referred to if there are issues. Mr. Van Peski stated he could help answer those questions. There are standard construction hours and practices that will be in place. Mr. Funk stated that in regards to landscaping there will be additional plantings which will grown 15 and 30 feet in height. Commissioner Boddy asked how big the trees will be in they are planted. Mr. Funk stated he could work with the landscape architect to select trees that are fast growing and provide a larger canopy. Commissioner Nygaard stated there will be 5 single story homes proposed on the project. Mr. Funk responded. Commissioner L'Heureux stated there seems to be a problem with the first 3 lots (11, 12 and 13). Mr. Funk stated he has asked the landscape architect to increase the landscaping in the that area. Commissioner L'Heureux asked if it would be appropriate to add a condition. Mr. Neu responded. Commissioner Dominguez asked if Lot 13 would be the lot with the biggest problem. Commissioner L'Heureux asked about emergency access on El Camino Real. Mr. Van Peski stated that staff did discuss this issue with the Fire Marshal who did not see the need for emergency access because the fire code is changing to require all homes to be sprinklered. Mr. Funk stated that as far as the washing of homes it would be a private arrangement. Mr. Van Peski stated there would not need to be a traffic control plan for the project.
5.
ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE
- Staff requests that the Planning Commission recommend to City Council approval of a Zone Code Amendment and Local Coastal Program Amendment to amend Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending Chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in Chapters 21.30 (C-M Heavy Commercial—Limited Industrial Zone), 21.32 (M Industrial Zone, and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting Chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending Chapter 21.44 (Parking) by revising the joint use parking provisions.
Resolution No. 6609
Adult Businesses Ordinance Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6609 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 06-02) and Local Coastal Program Amendment (LCPA 06-04) based on the findings contained therein including the errata sheet. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6609 RECOMMENDING APPROVAL of a Zone Code Amendment (ZCA 06-02) and Local Coastal Program Amendment (LCPA 06-04) based on the findings contained therein including the errata sheet. (Approved) (Recorded at 04:05:25)
Chairperson Montgomery asked how the 1,000 foot radius is established and how is determined to be an allowable amount. Ms. Fox stated that it is based in case law and it is measured from the property line. Chairperson Montgomery asked .... Commissioner L'Heureux asked about sensitive uses and if it is an all inclusive list or if it is one that is continuously morphing. Ms. Fox responded. If there are new uses that are not protected by the current buffers, then those should be added. Chairperson Montgomery asked for comment regarding no longer having discretionary approval. Ms. Fox responded. Chairperson Montgomery asked about further impacts for operating standards. Chairperson Montgomery asked if there will be a CUP for these businesses.
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