Video index
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Roll call (9 Present, 0 Absent, 0 Excused) (Recorded at 00:04:29)
APPROVAL OF MINUTES
Motion to approve the Planning Commission Minutes from November 18, 2009. Moved by Commissioner Douglas, no second required.
Motion to approve the Planning Commission Minutes from December 2, 2009. Moved by Commissioner Douglas, no second required.
CONTINUED PUBLIC HEARING
1.
CDP 09-14/V 09-03 - PHIPPS RESIDENCE
- Request for a Coastal Development Permit for the illegal construction of an existing 404-square-foot partial enclosure over an existing patio area, a fireplace/chimney, a built-in barbeque, and a block wall on the eastern portion of an existing single-family residence; and a Variance to allow a zero foot front yard setback for the block wall and fireplace/chimney and a 2.5-foot front yard setback for the patio cover and other structures on Ocean Street, as measured from the existing property line. The Variance would also allow the existing block wall and fireplace/chimney to remain in the future public right-of-way of Ocean Street subject to the recordation of an Irrevocable Offer of Dedication (IOD) and the execution of an Encroachment Agreement. The project is within the City’s Coastal Zone located at 3015 Ocean Street within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. Resolutions No. 6648, 6649
Mr. Neu stated the application has been withdrawn so no action is required. Commissioner L'Heureux stated the project site looked unsightly and asked if the final appearance could be cleaned up. Mr. Neu stated...Commissioner L'Heureux asked what the City's action could be if the property falls out of escrow. Mr. Neu stated Staff can confer with Code Enforcement regarding what steps can be taken.
Phipps Residence Staff Report
PLANNING COMMISSION PUBLIC HEARING
2.
GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22
- Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, and Site Development Plan, and a request for approval of a Non-Residential Planned Development Permit to allow for the subdivision of a 10.07 acre site into four lots with 49 airspace condominium office units and the development of a 66,000 square foot three-story office building and permanent RV storage area on property generally located south of Cannon Road, east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14. Resolutions No. 6657, 6658, 6659, 6660, 6661, 6662, 6663
Commissioner Baker asked if the commercial center will also have office space in it. Mr. Goff stated... Commissioner L'Heureux stated he is concerned with placing office buildings on this site, and asked why this particular parcel was chosen to have office space on it. Mr. Goff stated it was initially identified as residential; however leading up to the meeting for the approval of that site, the residential portions were removed from PA22 due to the opposition and was labeled identified as an unidentified parcel. There have been extensive amounts of uses proposed for this site which have not been supported by Staff. Senior housing, fire station, more residential housing, a church. This proposal is supported by the Rancho Carlsbad community. Commissioner Schumacher asked how the parcel to the east will be accessed (lot 3). Mr. Goff stated that as part of the project an access was located to the east of the lot as well as from the west side of parcel 1. Chairperson Montgomery asked if the option parcel is part of this proposal. Mr. Goff stated no, the land use would remain the same but it will be reduced in size. Chairperson Montgomery asked if the RLM part of the option parcel will be developed with mobile homes as it is currently designated by the General Plan. Mr. Goff responded. Commissioner Dominguez asked if staff done any visioning in regards to the mobile home development. Mr. Goff stated no. Paul Kluklas, Planning Systems, 1530 Faraday Avenue Suite 100, Carlsbad, gave a brief presentation and stated he would be available to answer any questions.
Commissioner Baker stated she is worried the site will be an orphan at that site. Mr. Klukas agrees with that comment; however he feels this is the best available option at this point. Commissioner Baker asked if they have done their research and she can be assured that they have thought of the challenges that this site will bring. Commissioner Nygaard asked if medical offices have been looked at. Mr. Klukas stated years ago, there was a huge demand for medical offices but the demand has changed in the past 2 years in the city. Commissioner Schumacher asked if the medical office was excluded because of the parking standard. Mr. Goff stated that was correct. Commissioner Dominguez asked if the applicant controls the option parcel and if they have done any visioning for the parcel. Mr. Klukas stated yes, and the property will be granted to the Rancho Carlsbad Mobile Home Park. Commissioner L'Heureux asked when that grant will happen. Mr. Klukas stated it is a private matter but it is contingent upon the approval of this project tonight. Chairperson Montgomery stated it bothers him that grant or exchange of properties. Ms. Mobaldi advised the commission that the private arrangements need to be disregarded. Commissioner Nygaard asked Mark Langan, Smith 12220 El Camino Real, San Diego, about the wood decking on the third floor. Mr. Langan stated they propose to use a kiln dried treatment with a polyurethane coating, and stated they can pursue other options noting there is a concern with the Commission.
Mary Anne Viney, 2796 James Drive, Carlsbad, representing Preserve Calavera, stated there are 4 remaining issues with this project: RV parking, in-lieu fees to mitigate the impacts to sensitive habitat, no limits on water useage, and HMP edge effect conditions. Commissioner L'Heureux asked if they are satisfied with the traffic issues. Bill Arnold, 3432 Don Ortega Drive, Carlsbad, stated they will keep the option parcel as open space. Commissioner L'Heureux asked about the West Senior Living project being OK and this project not having residential. Chairperson Montgomery asked if he would be opposed to having the parcel zoned as open space. Ms. Mobaldi stated that the Commission cannot ask that that be done. Russ Kohl, 3316 Don Pablo, Carlsbad, stated he supports the project as it is proposed. Ken Cablay, 701 Palomar Airport Road Suite 300, Carlsbad, represent the Robertson Family Trust, stated he supports the project. Commissioner Douglas asked if the RV storage will serve both villages. Mr. Goff explained. Chairperson Montgomery closed public testimony. Mr. Neu responded to Ms. Viney's comments about RV parking stating that Staff would request more time to see if there are any issues with the recent changes to the PD Ordinance. Commissioner Dominguez asked if grasscrete could be used to solve the impervious parking surfaces. Commissioner Douglas asked how many master plans have RV storage and how full they are. Mr. Neu responded. Mr. Neu stated that in regard to the in-lieu fees... Mr. Goff responded to the issue regarding water useage and the site is using reclaimed water. Mr. Neu stated that effective January 2010 the state has imposed new regulations for water for landscaping. Mr. Goff further stated that using native plants would not necessarily provide a good visual screening. Commissioner L'Heureux asked about water saving items such as low flow toilets, etc. Mr. Neu stated it would be the water district's conditions in place at the time of construction. Commissioner Schumacher asked if this parcel was included in the original EIR for the master plan. Mr. Goff stated a majority of the site was included.
Mr. Goff stated the project is already including all of the edge effect conditions for the HMP. Commissioner Dominguez asked if the project can be reviewed against the HMP as changes occur. Mr. Goff responded. Mr. Neu added that if some of the issues are construction impacts, there are standards in place as well as a landscape consultant to inspect... Commissioner L'Heureux stated that he is concerned about the traffic will impact what is already proposed and what has already been reviewed. Mr. Van Peski stated that on an overall basis the EIR included more trips than what was realized. Adding the trips to this does not add to master plan overall. As for this section of the roadway, there are improvements proposed in the CIP. Commissioner L'Heureux asked how the timing of those improvements impact this project. Doug Bilse, Traffic Systems Engineer, stated this is a counterflow issue. Most of the traffic is going westbound towards the freeway.
Commissioner Dominguez asked that a Resolution of Intention be placed on a future agenda for the granting of the option parcel to Rancho Carlsbad Mobile Home Park. Commissioner Baker stated she is concerned about this project. Through actions of the Planning Commission and City Council, they have created this project. She feels the office site will be isolated with this proposal. Commissioner L'Heureux feels that in a master plan such as this, office space is useful. This however feels like it is stuck on at the last minute, like an orphan, and does not feel it is good planning. He is not happy with this use at this location. Commissioner Nygaard stated she is wrestling with this project as well, and it probably is not the best planning. Commissioner Schumacher stated the possible uses are limited and he does not know how it will be with an office. It is supported by the neighbors and it is probably the best solution for this site. Commissioner Dominguez also has reservations with this project. He feels the proposal is a good one and the design is good. He can support this project but still has reservations regarding it. Commissioner Douglas concurs with Commissioner Dominguez. The design is OK. She can support the project. Chairperson Montgomery stated that all parties and residents involved agree with the proposal, but feels it is not the best use of the space. He feels Rancho Carlsbad might end up regretting supporting this project.
Commissioner Baker stated she is also concerned regarding the trellis.
Robertson Ranch PA 22 Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6657 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission Resolutions No. 6658, 6659, 6660, 6661, and 6662, RECOMMENDING APPROVAL of a General Plan Amendment (GPA 09-01), Zone Change (ZC 09-01), Master Plan Amendment (MP 02-03(B)), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and ADOPT Planning Commission Resolution No. 6663, APPROVING a Non-Residential Planned Development Permit (PUD 09-01) based on the findings and subject to the conditions contained therein including the recommendation regarding the wood products by the Planning Director. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6657 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission Resolutions No. 6658, 6659, 6660, 6661, and 6662, RECOMMENDING APPROVAL of a General Plan Amendment (GPA 09-01), Zone Change (ZC 09-01), Master Plan Amendment (MP 02-03(B)), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and ADOPT Planning Commission Resolution No. 6663, APPROVING a Non-Residential Planned Development Permit (PUD 09-01) based on the findings and subject to the conditions contained therein including the recommendation regarding the wood products by the Planning Director. (Approved) (Recorded at 01:46:25)
Motion to approve intent to consider a resolution of intention to rezone the option parcel. Moved by Commissioner Dominguez, seconded by .
3.
CT 04-10(A)/CP 04-05(A)/SDP 04-07(A)/CDP 04-23(A) - POINSETTIA PLACE
- Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration for GPA 04-12/LCPA 04-11/ZC 04-08/CT 04-10/CP 04-05/SDP 04-07/CDP 04-23 and that the Mitigated Negative Declaration adequately described the project for the purposes of CEQA and a recommendation of approval of amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 21. Resolutions No. 6650, 6651, 6652, 6653
Poinsettia Place Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 RECOMMENDING APPROVAL of Tentative Tract Map amendment CT 04-10(A), Condominium Permit amendment CP 04-05(A), and Coastal Development Permit amendment CDP 04-23(A) and RECOMMENDING RESCISSION of Site Development Plan SDP 04-07(A) based on the findings and subject to the conditions contained therein including the memo clarifying the exhibit numbering. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 RECOMMENDING APPROVAL of Tentative Tract Map amendment CT 04-10(A), Condominium Permit amendment CP 04-05(A), and Coastal Development Permit amendment CDP 04-23(A) and RECOMMENDING RESCISSION of Site Development Plan SDP 04-07(A) based on the findings and subject to the conditions contained therein including the memo clarifying the exhibit numbering. (Approved) (Recorded at 02:56:32)
Commissioner L'Heureux asked if there is a wall that separates the project site from the open space. Mr. Westman stated there is a chain link fence along the southerly edge of the site. Commissioner L'Heureux stated he is concerned that the residents might use the open space for their own use. Mr. Westman stated that staff can ensure that further fencing is included in the project conditions. Commissioner L'Heureux asked what type of fence would be recommended. Mr. Westman stated a black coated chain link fence. Commissioner Dominguez asked for clarification regarding the reduction in the number of units. Mr. Westman responded. David Jacinto, 219 Meadow Vista Way, gave a brief presentation and stated he would be available to answer any questions. Commissioner L'Heureux asked if there are any gates in the fence. Mr. Jacinto stated there are no public access gates only gates for those who maintain the habitat area. Commissioner Douglas asked where the swimming pool was in the original approval. Mr. Jacinto pointed out the area on the slide. Commissioner Douglas asked where the barbeque area is. Commissioner Schumacher asked about Lot 5. Mr. Jacinto stated it is being set aside for the Poinsettia Heights slope and it intended to just be landscaped area. Chairperson Montgomery asked about parking along Cassia Road. Mr. Jacinto stated there is not be any parking on Cassia Road. Chairperson Montgomery asked about the in-lieu fee and affordable housing. Mr. Jacinto stated the construction financing was not available for the site.
Barbara Rothenberg, 1702 Ambrosia, Carlsbad, stated her concern with traffic in the area. Deann Weimer, 6606 Fiona Place, Carlsbad, stated the Brindisi homeowners are not entirely in support of the project and was in fact unaware of the hearing tonight until a few days ago. Chairperson Montgomery closed public testimony. Mr. Westman stated the standard 600 foot radius was mailed a public hearing notice. The owner of the apartment complex would have been noticed. Mr. Westman clarified that the small triangular piece to the west of the project is not part of the proposed approval. Commissioner Douglas asked if any traffic counts were done to see if any traffic lights needed to be installed in that area. Mr. Westman stated the previous EIR had a traffic section however the streets involved were arterial streets. Cassia is a collector street. Commissioner Douglas asked about the fatalities. Commissioner Baker agrees with Ms. Rothenberg in that the corner of Poinsettia and Cassia is extremely dangerous. She asked Staff to discuss the future extension/completion of Poinsettia Lane. Commissioner Baker asked if the Commission wished to forward this to the Traffic Safety Commission what the procedure would be. Mr. Neu stated Staff would prefer to coordinate the Traffic Engineer to see if there is a need to take forward to the Traffic Safety Commission. Commissioner L'Heureux asked what type of traffic safety measures need to be installed until such time the final reach of Poinsettia is installed. He further asked what type of the traffic measure will be installed once Poinsettia is open. Mr. Van Peski stated the current volumes were well below capacity for a collector road. The missing link for Poinsettia is developer driven. When Poinsettia gets built, the intersection will be analyzed at that time.
Commissioner Dominguez stated there will be a traffic issue with this site as it relates to the proposed driveway. Mr. Van Peski stated the spacing does meet the requirements. The easterly exit is an exit only. Commissioner Douglas asked if there is any plan for Cassia Road to put a stop sign or anything to slow down traffic. Mr. Van Peski stated the only thing he was aware of was signage decreasing the speed on the street. Commissioner Schumacher stated that Cassia is a temporary shortcut until Poinsettia Lane is completed but there seems to be a need for a traffic measure at that intersection. Commissioner Baker asked for clarification regarding the motion. Ms. Mobaldi stated it would not be condition of approval for the project. Commissioner L'Heureux asked if it is decided by traffic that some mitigation is necessary but it is included in the conditions of approval. Mr. Neu stated it would then become a city project at that point. Commissioner Nygaard stated it is not fair to saddle this developer if the other developers have not been saddled with it. Commissioner Schumacher asked for clarification. Mr. Neu explained.
Mr. Jacinto stated a full traffic study was completed during the original project approval. He further explained the details regarding the corner piece of the property that is not included as part of the project.
4.
SDP 09-03/CDP 08-25 - DATE BLUFFS BEACH HOMES
- Request for approval of a Site Development Plan and a Coastal Development Permit to demolish an existing single-family residence and to allow for the development of a three-unit detached single-family residential air-space condominium project on a .469 gross acre infill site generally located on the north side of Date Avenue and east of Garfield Street, in Local Facilities Management Zone 1. Resolutions No. 6654, 6655
Date Bluffs Beach Homes Staff Report
Motion to continue to JAnuary 20, 2010. Moved by Commissioner Douglas, no second required.
Rich Pali, 301 Cassidy Street, Oceanside, gave a brief presentation and stated he would be available to answer any questions. Julie Daun, 334 Date Avenue, Carlsbad, stated her concerns regarding the drainage. Leslie Williams, 327 Date Avenue, Carlsbad, also spoke regarding the drainage as well as lighting and landscaping. She would like to see no parking on the street on Mondays so that trash can be collected without any issues. Wayne Blass,7237 Sanderling Court, Carlsbad, stated most of the issues on the street are owner caused. Chairperson Montgomery closed public testimony. Mr. Pali stated they have widened the street with this project by 3 feet. They are placing permeable pavers in the easement as opposed to planting landscape like other homeowners on the street. Chairperson Montgomery asked about the artificial fill on the site. Mr. Pali stated they scraped 10 to 12 feet. Commissioner Dominguez asked about the drainage swale. Commissioner Dominguez asked about the crest in Date Street Commissioner Baker asked why these 2 projects have changed the drainage on the street. Mr. Pali stated his project has not created the problem. Bob Sukup, 4322 Seabright Place, Civil Engineer for the project, gave an explanation for the drainage. Commissioner L'Heureux asked about the drainage for the back of the lot. Commissioner L'Heureux asked about the retaining wall with pipes. Commissioner L'Heureux asked about the amount of discharge. Motion to continue past 10:00.
GVP clarified the comment regarding the Alternative Street Design. Commissioner Dominguez asked about berms. Chairperson Montgomery asked for direction to Staff. Commissioner Baker said there is an issue with Mr. Blass's project as well as some level of insurance that the Commission is not worsening the situation by approving the project. Commissioner L'Heureux wants to look at the options within the Alternative Street Design while still maintaining the rural design. Commissioner Nygaard stated the issues are pretty clear. The entire street needs to be looked at not just for the two properties. Commissioner Schumacher stated the projects need to be reviewed and the issues are engineering related. Commissioner Dominguez agrees with his fellow Commissioners. Commissioner Douglas stated the issues are engineering issues. She stated the parking did not seem adequate.
5.
ELECTION OF OFFICERS
By unanimous vote Farrah Douglas was elected Chairperson and Hap L'Heureux was elected Vice Chairperson.
Chairperson Montgomery nominated Farrah Douglas for Chairperson. Commissioner Dominguez nominated Hap L'HEureux for Vice Chairperson.
Commissioner Baker commented on the CEC hearing dates. Mr. Neu reminded the Commission regarding the League of CA Cities.
Dec 16, 2009 Planning Commission Meeting
Full agenda
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Roll call (9 Present, 0 Absent, 0 Excused) (Recorded at 00:04:29)
APPROVAL OF MINUTES
Motion to approve the Planning Commission Minutes from November 18, 2009. Moved by Commissioner Douglas, no second required.
Motion to approve the Planning Commission Minutes from December 2, 2009. Moved by Commissioner Douglas, no second required.
CONTINUED PUBLIC HEARING
1.
CDP 09-14/V 09-03 - PHIPPS RESIDENCE
- Request for a Coastal Development Permit for the illegal construction of an existing 404-square-foot partial enclosure over an existing patio area, a fireplace/chimney, a built-in barbeque, and a block wall on the eastern portion of an existing single-family residence; and a Variance to allow a zero foot front yard setback for the block wall and fireplace/chimney and a 2.5-foot front yard setback for the patio cover and other structures on Ocean Street, as measured from the existing property line. The Variance would also allow the existing block wall and fireplace/chimney to remain in the future public right-of-way of Ocean Street subject to the recordation of an Irrevocable Offer of Dedication (IOD) and the execution of an Encroachment Agreement. The project is within the City’s Coastal Zone located at 3015 Ocean Street within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. Resolutions No. 6648, 6649
Mr. Neu stated the application has been withdrawn so no action is required. Commissioner L'Heureux stated the project site looked unsightly and asked if the final appearance could be cleaned up. Mr. Neu stated...Commissioner L'Heureux asked what the City's action could be if the property falls out of escrow. Mr. Neu stated Staff can confer with Code Enforcement regarding what steps can be taken.
Phipps Residence Staff Report
PLANNING COMMISSION PUBLIC HEARING
2.
GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 - ROBERTSON RANCH PA 22
- Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, Master Plan Amendment, Tentative Tract Map, and Site Development Plan, and a request for approval of a Non-Residential Planned Development Permit to allow for the subdivision of a 10.07 acre site into four lots with 49 airspace condominium office units and the development of a 66,000 square foot three-story office building and permanent RV storage area on property generally located south of Cannon Road, east of El Camino Real, at the southeast corner of the intersection of Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Area 22 and the "Option Parcel," in Local Facilities Management Zone 14. Resolutions No. 6657, 6658, 6659, 6660, 6661, 6662, 6663
Commissioner Baker asked if the commercial center will also have office space in it. Mr. Goff stated... Commissioner L'Heureux stated he is concerned with placing office buildings on this site, and asked why this particular parcel was chosen to have office space on it. Mr. Goff stated it was initially identified as residential; however leading up to the meeting for the approval of that site, the residential portions were removed from PA22 due to the opposition and was labeled identified as an unidentified parcel. There have been extensive amounts of uses proposed for this site which have not been supported by Staff. Senior housing, fire station, more residential housing, a church. This proposal is supported by the Rancho Carlsbad community. Commissioner Schumacher asked how the parcel to the east will be accessed (lot 3). Mr. Goff stated that as part of the project an access was located to the east of the lot as well as from the west side of parcel 1. Chairperson Montgomery asked if the option parcel is part of this proposal. Mr. Goff stated no, the land use would remain the same but it will be reduced in size. Chairperson Montgomery asked if the RLM part of the option parcel will be developed with mobile homes as it is currently designated by the General Plan. Mr. Goff responded. Commissioner Dominguez asked if staff done any visioning in regards to the mobile home development. Mr. Goff stated no. Paul Kluklas, Planning Systems, 1530 Faraday Avenue Suite 100, Carlsbad, gave a brief presentation and stated he would be available to answer any questions.
Commissioner Baker stated she is worried the site will be an orphan at that site. Mr. Klukas agrees with that comment; however he feels this is the best available option at this point. Commissioner Baker asked if they have done their research and she can be assured that they have thought of the challenges that this site will bring. Commissioner Nygaard asked if medical offices have been looked at. Mr. Klukas stated years ago, there was a huge demand for medical offices but the demand has changed in the past 2 years in the city. Commissioner Schumacher asked if the medical office was excluded because of the parking standard. Mr. Goff stated that was correct. Commissioner Dominguez asked if the applicant controls the option parcel and if they have done any visioning for the parcel. Mr. Klukas stated yes, and the property will be granted to the Rancho Carlsbad Mobile Home Park. Commissioner L'Heureux asked when that grant will happen. Mr. Klukas stated it is a private matter but it is contingent upon the approval of this project tonight. Chairperson Montgomery stated it bothers him that grant or exchange of properties. Ms. Mobaldi advised the commission that the private arrangements need to be disregarded. Commissioner Nygaard asked Mark Langan, Smith 12220 El Camino Real, San Diego, about the wood decking on the third floor. Mr. Langan stated they propose to use a kiln dried treatment with a polyurethane coating, and stated they can pursue other options noting there is a concern with the Commission.
Mary Anne Viney, 2796 James Drive, Carlsbad, representing Preserve Calavera, stated there are 4 remaining issues with this project: RV parking, in-lieu fees to mitigate the impacts to sensitive habitat, no limits on water useage, and HMP edge effect conditions. Commissioner L'Heureux asked if they are satisfied with the traffic issues. Bill Arnold, 3432 Don Ortega Drive, Carlsbad, stated they will keep the option parcel as open space. Commissioner L'Heureux asked about the West Senior Living project being OK and this project not having residential. Chairperson Montgomery asked if he would be opposed to having the parcel zoned as open space. Ms. Mobaldi stated that the Commission cannot ask that that be done. Russ Kohl, 3316 Don Pablo, Carlsbad, stated he supports the project as it is proposed. Ken Cablay, 701 Palomar Airport Road Suite 300, Carlsbad, represent the Robertson Family Trust, stated he supports the project. Commissioner Douglas asked if the RV storage will serve both villages. Mr. Goff explained. Chairperson Montgomery closed public testimony. Mr. Neu responded to Ms. Viney's comments about RV parking stating that Staff would request more time to see if there are any issues with the recent changes to the PD Ordinance. Commissioner Dominguez asked if grasscrete could be used to solve the impervious parking surfaces. Commissioner Douglas asked how many master plans have RV storage and how full they are. Mr. Neu responded. Mr. Neu stated that in regard to the in-lieu fees... Mr. Goff responded to the issue regarding water useage and the site is using reclaimed water. Mr. Neu stated that effective January 2010 the state has imposed new regulations for water for landscaping. Mr. Goff further stated that using native plants would not necessarily provide a good visual screening. Commissioner L'Heureux asked about water saving items such as low flow toilets, etc. Mr. Neu stated it would be the water district's conditions in place at the time of construction. Commissioner Schumacher asked if this parcel was included in the original EIR for the master plan. Mr. Goff stated a majority of the site was included.
Mr. Goff stated the project is already including all of the edge effect conditions for the HMP. Commissioner Dominguez asked if the project can be reviewed against the HMP as changes occur. Mr. Goff responded. Mr. Neu added that if some of the issues are construction impacts, there are standards in place as well as a landscape consultant to inspect... Commissioner L'Heureux stated that he is concerned about the traffic will impact what is already proposed and what has already been reviewed. Mr. Van Peski stated that on an overall basis the EIR included more trips than what was realized. Adding the trips to this does not add to master plan overall. As for this section of the roadway, there are improvements proposed in the CIP. Commissioner L'Heureux asked how the timing of those improvements impact this project. Doug Bilse, Traffic Systems Engineer, stated this is a counterflow issue. Most of the traffic is going westbound towards the freeway.
Commissioner Dominguez asked that a Resolution of Intention be placed on a future agenda for the granting of the option parcel to Rancho Carlsbad Mobile Home Park. Commissioner Baker stated she is concerned about this project. Through actions of the Planning Commission and City Council, they have created this project. She feels the office site will be isolated with this proposal. Commissioner L'Heureux feels that in a master plan such as this, office space is useful. This however feels like it is stuck on at the last minute, like an orphan, and does not feel it is good planning. He is not happy with this use at this location. Commissioner Nygaard stated she is wrestling with this project as well, and it probably is not the best planning. Commissioner Schumacher stated the possible uses are limited and he does not know how it will be with an office. It is supported by the neighbors and it is probably the best solution for this site. Commissioner Dominguez also has reservations with this project. He feels the proposal is a good one and the design is good. He can support this project but still has reservations regarding it. Commissioner Douglas concurs with Commissioner Dominguez. The design is OK. She can support the project. Chairperson Montgomery stated that all parties and residents involved agree with the proposal, but feels it is not the best use of the space. He feels Rancho Carlsbad might end up regretting supporting this project.
Commissioner Baker stated she is also concerned regarding the trellis.
Robertson Ranch PA 22 Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6657 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission Resolutions No. 6658, 6659, 6660, 6661, and 6662, RECOMMENDING APPROVAL of a General Plan Amendment (GPA 09-01), Zone Change (ZC 09-01), Master Plan Amendment (MP 02-03(B)), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and ADOPT Planning Commission Resolution No. 6663, APPROVING a Non-Residential Planned Development Permit (PUD 09-01) based on the findings and subject to the conditions contained therein including the recommendation regarding the wood products by the Planning Director. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6657 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission Resolutions No. 6658, 6659, 6660, 6661, and 6662, RECOMMENDING APPROVAL of a General Plan Amendment (GPA 09-01), Zone Change (ZC 09-01), Master Plan Amendment (MP 02-03(B)), Tentative Tract Map (CT 09-01), and Site Development Plan (SDP 09-01), and ADOPT Planning Commission Resolution No. 6663, APPROVING a Non-Residential Planned Development Permit (PUD 09-01) based on the findings and subject to the conditions contained therein including the recommendation regarding the wood products by the Planning Director. (Approved) (Recorded at 01:46:25)
Motion to approve intent to consider a resolution of intention to rezone the option parcel. Moved by Commissioner Dominguez, seconded by .
3.
CT 04-10(A)/CP 04-05(A)/SDP 04-07(A)/CDP 04-23(A) - POINSETTIA PLACE
- Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration for GPA 04-12/LCPA 04-11/ZC 04-08/CT 04-10/CP 04-05/SDP 04-07/CDP 04-23 and that the Mitigated Negative Declaration adequately described the project for the purposes of CEQA and a recommendation of approval of amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 21. Resolutions No. 6650, 6651, 6652, 6653
Poinsettia Place Staff Report
Motion to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 RECOMMENDING APPROVAL of Tentative Tract Map amendment CT 04-10(A), Condominium Permit amendment CP 04-05(A), and Coastal Development Permit amendment CDP 04-23(A) and RECOMMENDING RESCISSION of Site Development Plan SDP 04-07(A) based on the findings and subject to the conditions contained therein including the memo clarifying the exhibit numbering. Moved by Commissioner Douglas, no second required.
Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6650, 6651, 6652, and 6653 RECOMMENDING APPROVAL of Tentative Tract Map amendment CT 04-10(A), Condominium Permit amendment CP 04-05(A), and Coastal Development Permit amendment CDP 04-23(A) and RECOMMENDING RESCISSION of Site Development Plan SDP 04-07(A) based on the findings and subject to the conditions contained therein including the memo clarifying the exhibit numbering. (Approved) (Recorded at 02:56:32)
Commissioner L'Heureux asked if there is a wall that separates the project site from the open space. Mr. Westman stated there is a chain link fence along the southerly edge of the site. Commissioner L'Heureux stated he is concerned that the residents might use the open space for their own use. Mr. Westman stated that staff can ensure that further fencing is included in the project conditions. Commissioner L'Heureux asked what type of fence would be recommended. Mr. Westman stated a black coated chain link fence. Commissioner Dominguez asked for clarification regarding the reduction in the number of units. Mr. Westman responded. David Jacinto, 219 Meadow Vista Way, gave a brief presentation and stated he would be available to answer any questions. Commissioner L'Heureux asked if there are any gates in the fence. Mr. Jacinto stated there are no public access gates only gates for those who maintain the habitat area. Commissioner Douglas asked where the swimming pool was in the original approval. Mr. Jacinto pointed out the area on the slide. Commissioner Douglas asked where the barbeque area is. Commissioner Schumacher asked about Lot 5. Mr. Jacinto stated it is being set aside for the Poinsettia Heights slope and it intended to just be landscaped area. Chairperson Montgomery asked about parking along Cassia Road. Mr. Jacinto stated there is not be any parking on Cassia Road. Chairperson Montgomery asked about the in-lieu fee and affordable housing. Mr. Jacinto stated the construction financing was not available for the site.
Barbara Rothenberg, 1702 Ambrosia, Carlsbad, stated her concern with traffic in the area. Deann Weimer, 6606 Fiona Place, Carlsbad, stated the Brindisi homeowners are not entirely in support of the project and was in fact unaware of the hearing tonight until a few days ago. Chairperson Montgomery closed public testimony. Mr. Westman stated the standard 600 foot radius was mailed a public hearing notice. The owner of the apartment complex would have been noticed. Mr. Westman clarified that the small triangular piece to the west of the project is not part of the proposed approval. Commissioner Douglas asked if any traffic counts were done to see if any traffic lights needed to be installed in that area. Mr. Westman stated the previous EIR had a traffic section however the streets involved were arterial streets. Cassia is a collector street. Commissioner Douglas asked about the fatalities. Commissioner Baker agrees with Ms. Rothenberg in that the corner of Poinsettia and Cassia is extremely dangerous. She asked Staff to discuss the future extension/completion of Poinsettia Lane. Commissioner Baker asked if the Commission wished to forward this to the Traffic Safety Commission what the procedure would be. Mr. Neu stated Staff would prefer to coordinate the Traffic Engineer to see if there is a need to take forward to the Traffic Safety Commission. Commissioner L'Heureux asked what type of traffic safety measures need to be installed until such time the final reach of Poinsettia is installed. He further asked what type of the traffic measure will be installed once Poinsettia is open. Mr. Van Peski stated the current volumes were well below capacity for a collector road. The missing link for Poinsettia is developer driven. When Poinsettia gets built, the intersection will be analyzed at that time.
Commissioner Dominguez stated there will be a traffic issue with this site as it relates to the proposed driveway. Mr. Van Peski stated the spacing does meet the requirements. The easterly exit is an exit only. Commissioner Douglas asked if there is any plan for Cassia Road to put a stop sign or anything to slow down traffic. Mr. Van Peski stated the only thing he was aware of was signage decreasing the speed on the street. Commissioner Schumacher stated that Cassia is a temporary shortcut until Poinsettia Lane is completed but there seems to be a need for a traffic measure at that intersection. Commissioner Baker asked for clarification regarding the motion. Ms. Mobaldi stated it would not be condition of approval for the project. Commissioner L'Heureux asked if it is decided by traffic that some mitigation is necessary but it is included in the conditions of approval. Mr. Neu stated it would then become a city project at that point. Commissioner Nygaard stated it is not fair to saddle this developer if the other developers have not been saddled with it. Commissioner Schumacher asked for clarification. Mr. Neu explained.
Mr. Jacinto stated a full traffic study was completed during the original project approval. He further explained the details regarding the corner piece of the property that is not included as part of the project.
4.
SDP 09-03/CDP 08-25 - DATE BLUFFS BEACH HOMES
- Request for approval of a Site Development Plan and a Coastal Development Permit to demolish an existing single-family residence and to allow for the development of a three-unit detached single-family residential air-space condominium project on a .469 gross acre infill site generally located on the north side of Date Avenue and east of Garfield Street, in Local Facilities Management Zone 1. Resolutions No. 6654, 6655
Date Bluffs Beach Homes Staff Report
Motion to continue to JAnuary 20, 2010. Moved by Commissioner Douglas, no second required.
Rich Pali, 301 Cassidy Street, Oceanside, gave a brief presentation and stated he would be available to answer any questions. Julie Daun, 334 Date Avenue, Carlsbad, stated her concerns regarding the drainage. Leslie Williams, 327 Date Avenue, Carlsbad, also spoke regarding the drainage as well as lighting and landscaping. She would like to see no parking on the street on Mondays so that trash can be collected without any issues. Wayne Blass,7237 Sanderling Court, Carlsbad, stated most of the issues on the street are owner caused. Chairperson Montgomery closed public testimony. Mr. Pali stated they have widened the street with this project by 3 feet. They are placing permeable pavers in the easement as opposed to planting landscape like other homeowners on the street. Chairperson Montgomery asked about the artificial fill on the site. Mr. Pali stated they scraped 10 to 12 feet. Commissioner Dominguez asked about the drainage swale. Commissioner Dominguez asked about the crest in Date Street Commissioner Baker asked why these 2 projects have changed the drainage on the street. Mr. Pali stated his project has not created the problem. Bob Sukup, 4322 Seabright Place, Civil Engineer for the project, gave an explanation for the drainage. Commissioner L'Heureux asked about the drainage for the back of the lot. Commissioner L'Heureux asked about the retaining wall with pipes. Commissioner L'Heureux asked about the amount of discharge. Motion to continue past 10:00.
GVP clarified the comment regarding the Alternative Street Design. Commissioner Dominguez asked about berms. Chairperson Montgomery asked for direction to Staff. Commissioner Baker said there is an issue with Mr. Blass's project as well as some level of insurance that the Commission is not worsening the situation by approving the project. Commissioner L'Heureux wants to look at the options within the Alternative Street Design while still maintaining the rural design. Commissioner Nygaard stated the issues are pretty clear. The entire street needs to be looked at not just for the two properties. Commissioner Schumacher stated the projects need to be reviewed and the issues are engineering related. Commissioner Dominguez agrees with his fellow Commissioners. Commissioner Douglas stated the issues are engineering issues. She stated the parking did not seem adequate.
5.
ELECTION OF OFFICERS
By unanimous vote Farrah Douglas was elected Chairperson and Hap L'Heureux was elected Vice Chairperson.
Chairperson Montgomery nominated Farrah Douglas for Chairperson. Commissioner Dominguez nominated Hap L'HEureux for Vice Chairperson.
Commissioner Baker commented on the CEC hearing dates. Mr. Neu reminded the Commission regarding the League of CA Cities.
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