Video index
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Roll call (8 Present, 1 Absent, 0 Excused) (Recorded at 00:37:02)
APPROVAL OF MINUTES August 4, 2010 5-0-2 (Dominguez abstained; Douglas absent)
Motion to approve APPROVAL OF MINUTES August 4, 2010 Moved by Commissioner Nygaard, seconded by .
PLANNING COMMISSION PUBLIC HEARING
1.
CUP 10-07 - PACIFIC RIDGE SCHOOL GYM ANNEX
- Request for a Conditional Use Permit to allow the Pacific Ridge School to operate a temporary gym while their permanent onsite gym facility is being constructed, in 11,683 square feet of vacant suites located within an existing 23,823 square foot office/industrial building on property located at 6194, 6196, and 6198 Innovation Way, building "P," in the P-M Zone, in Local Facilities Management Zone 17. Resolution No. 6725
Staff Report
Motion to approve That the Planning Commission ADOPT Planning Commission Resolution No. 6725 APPROVING CUP 10-07 for a period of 2 years, based upon the findings and subject to the conditions contained therein. Moved by Commissioner Nygaard, no second required.
Vice Chairperson L'Heureux asked if the applicant wished to continue with only 6 Commissioners present. The applicant stated yes. Vice Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Schumacher asked if a building permit has been issued for the project. Mr. Westman stated no. Vice Chairperson asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Leslie Weinheimer, Hofman Planning, 3152 Lionshead Ave, representing Pacific Ridge School, gave a brief presentation and stated she would be available to answer any questions. Ms. Weinheimer introduced Eileen Mullady, head of Pacific Ridge School, gave a brief presentation and also stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none, he asked if there were any further questions of the applicant. Commissioner Schumacher stated that after visiting the site this morning, it appears work has begun on the interior modifications to the building. He stated he is not in support of the project as it appears there is a blatant disregard to the procedures. Ms. Weinheimer stated that the contractors are starting to get things ready. Frank ??, construction manager, stated that he took the risk of starting some of the work prior to approvals. Because of the short timing of the project, it was needed to begin some of the work. Commissioner Nygaard asked when STaff anticipates the building permit to be issued. Mr. Westman stated the planning approval can be released tomorrow pending the project approval tonight. Commissioner Dominguez asked if the Engineering department as for review. Mr. Wickham responded.
2.
CDP 00-58(A)/SUP 00-11(A)/CUP 00-32x1(A) - CA-SDG5657 MARJA ACRES
- Request for an amendment to Coastal Development Permit No. 00-58, Special Use Permit No. 00-11, and Conditional Use Permit No. CUP 00-32x1 to allow Clear Wireless to consolidate 6 of 9 existing Sprint/Nextel antennas to 3 Sprint/Nextel iDen antennas and to add 3 new Clear Wireless WiMax antennas, 3 DAP head units and 3 directional antennas for a total of 12 antennas mounted on an existing 32 foot tall mono-palm and for the addition of one Clear Wireless rack within an existing equipment shelter located at 4901 El Camino Real in the R-A-10,000 and C-2-Q/C-2 zones and in Local Facilities Management Zone 1. Resolutions No. 6722, 6723, and 6724
Staff Report
Motion to approve PLANNING COMMISSION ACTION: That the Planning Commission ADOPT Planning Commission Resolutions No. 6722, 6723 and 6724 APPROVING an Amendment of CDP 00-58, SUP 00-11 and CUP 00-32x1 based upon the findings and subject to the conditions contained therein. Moved by Commissioner Nygaard, no second required.
3.
GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW
- 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 and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and grading of a 3.91-acre site into seven (7) single-family residential lots for the future development of seven single family homes and one (1) 1.56 acre open space lot, on property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. Resolutions No. 6669, 6670, 6671, 6672, 6674, and 6675
Mr. Westman gave a detailed presentation and stated he would be available to answer any questions. Commissioner Montgomery asked about the grading of the site and asked what conditions and/or procedures can be placed on the project so that the project is built as designed and in regards to any temporary situations...any mitigation measures. Mr. Wickham stated the previous design has a very large crib wall. the project is conditioned with a hold harmless geotechnical design. As landslides are discovered buttresses and or tie backs are documented. It will be done lot by lot. It has not gone through the final design of the project. Commissioner Montgomery stated that will prolong the grading period. Commissioner Montgomery stated that protecting the public at large... Commissioner Schumacher asked where the sidewalks would be installed for the project. Mr. Wickham stated that it would be for the entire project frontage. Commissioner Schumacher stated that he would like to see sidewalks installed as part of the project. Mr. Wickham stated that it could become part of the larger capital improvement program. Ms. Mobaldi stated that in terms of requiring a developer to build a sidewalk it is not something the city requires unless it is in front of the project's frontage. Hossein Zomorrodi, 7801 Mission Center Court, stated he would be available to answer any questions. Commissioner Montgomery asked if the applicant had found any findings with the geotechnical studies. Mr. Zomorrodi not as the project has been proposed. Vice Chairperson L'Heureux asked if the applicant would be willing to install the piece of the missing sidewalk. Mr. Zomorrodi stated that if he were the property owner he would be hesitant. Public Testimony Opened. Anne Estes, 2825 Esturion Street, and Bob Lattin, 2848 Cacatua Street, gave a detailed presentation and stated they would be available to answer any questions. Adam Althouse, 3826 Cacatua Street, stated that there are already land movements along the property site. Arthur Markovitz, 3002 Unicornio Street, stated the proposed project may have a total 21 cars and does not see how the added traffic can be safe. George Sarnecky, 2856 Cacatua Street, commented that he is concerned with the potential additional traffic problems at the project site. Tim Austin, 2819 Esturion Street, stated he is also concerned about the traffic safety. Lawrence Sanders, 4827 Cacatua Street, asked how high the retaining wall will be along the project. Charles Marshall, 2840 Cacatua Street, is concerned about the construction of 7 new houses in the area. Richard Weston, 2852 Cacatua Street, stated his opposition to the project and questioned the meaning of the Habitat Management Plan. He further stated an adequate environmental impact report has not been done as part of the proposed project. Sam Gazzo, 2813 Esturion STreet, also stated his opposition to the project.
Ms. Mobaldi responded. CC&R are private regulations and the city is not here to enforce them. In regards to statements made by real estate agents... Commissioner Dominguez asked for clarification in regards to enforcement. Commissioner Nygaard asked for STaff to address the issue regarding traffic. Mr. Wickham stated 2600 ADT, designed for 12,000 vehicles (designed like La Costa Avenue). 4 accidents in the past 2 years. Vice Chairperson L'Heureux asked about cars parked on the side of the street of the project. Mr. Wickham responded. No sight visibility as the project is designed. Commissioner Baker asked about the property sliding during the rains as well as... Mr. Wickham responded. Graded in 1971 with original subdivision. Annual report to clear the brush and weed. Mr. Westman responded. Chairperson L'Heureux compared the condition on Park Drive at Bristol Cove. Mr. Wickham responded. Commissioner Dominguez asked about the duplication of CC&Rs. Commissioner Nygaard Commissioner Montgomery asked if there are drainage improvements in the open space area that will be included in the new separate CC&Rs. Mr. Wickham stated yes there are drainage improvements. Commissioner Nygaard asked about the open space area... Commissioner Dominguez asked who is ultimately responsible for maintaining the infrastructure items. Mr. Wickham responded. Chairperson L'Heureux asked for Staff to clarify as to who has the responsibility to ensure all the conditions are met. Mr. Wickham stated that staff feels the project will be graded as one entire project. Commissioner Nygaard Commissioner Montgomery commented about the potential for grading processes. DISCUSSION Commissioner Montgomery stated the community has come forward with many arguments; however, he disagrees with most and only agrees with a few. Agrees with the mapping error. Development is better than the previous proposal. Two impacts to be resolved before approving; visible site sloughage, within the confines of this development there should be a drainage system and not in the open space. Secondly doesn't agree with the inclusion of lot 1 within the subdivision...variety of easements and the walls to built there could impact the surrounding neighborhoods. Investigate or abandoned. Commissioner Schumacher stated he is empathetic to the community that has spoken against this project however the intent of the property was to be designed as residential. Mapping was done in error, There are still engineering concerns regarding the existing homes. Any additional safeguards. Generally is in support of the concept of this development. Would like to see the sidewalk put in. Commissioner Baker also commented on the community's take on this project. She does believe the evidence does show that this property was always zoned as residential. It is a difficult piece to develop. IT is better designed with this proposal. Does not believe there will be impactful. Eliminating Lot 1 is intriguing. Commissioner Dominguez stated his support of the project and feels Commissioner Montgomery's suggestions be considered. The traffic concerns him. This is a property rights situation. Commissioner Nygaard thanked the HOA for their involvement. It is a better project than what it started out as. Is concerned with the trigger with HMP and how that will impact being able to move forward with the project. Agrees with Commissioner Montgomery and is concerned with the overall drainage of the site. Can support but is open to changes. Chairperson L'Heureux agrees that the revised project is better than the first project but is concerned with adding more homes onto El Fuerte. Is concerned with small HOAs normally because they don't have any professional management. Water should be contained on site. Should return to Staff to work on redesign. Ms. Mobaldi stated that an alternative is to make the recommendations with the conditions. Mr. Westman stated the map is final at PC. Commissioner Montgomery would prefer that the project come as redesigned. Commissioner Dominguez stated his concern might be added as a condition to the Map. Commissioner Baker stated...about lot 1. Mr. Zomorradi addressed the commission.
Staff Report
Motion to approve PLANNING COMMISSION ACTION: That the Planning Commission ADOPT Planning Commission Resolution No. 6669 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6670 and 6671 RECOMMENDING APPROVAL of General Plan Amendment GPA 09-08 and Zone Change ZC 09-09, and ADOPT Planning Commission Resolutions No. 6672, 6674, and 6675 APPROVING Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Plan HMP 09-10, based on the findings and subject to the conditions contained therein with the added condition for water all on the site. Moved by Commissioner Nygaard, no second required.
Motion to approve PLANNING COMMISSION ACTION: Continue the item to October 6, 2010. Moved by Commissioner Dominguez, no second required.
Sep 01, 2010 Planning Commission Meeting
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Roll call (8 Present, 1 Absent, 0 Excused) (Recorded at 00:37:02)
APPROVAL OF MINUTES August 4, 2010 5-0-2 (Dominguez abstained; Douglas absent)
Motion to approve APPROVAL OF MINUTES August 4, 2010 Moved by Commissioner Nygaard, seconded by .
PLANNING COMMISSION PUBLIC HEARING
1.
CUP 10-07 - PACIFIC RIDGE SCHOOL GYM ANNEX
- Request for a Conditional Use Permit to allow the Pacific Ridge School to operate a temporary gym while their permanent onsite gym facility is being constructed, in 11,683 square feet of vacant suites located within an existing 23,823 square foot office/industrial building on property located at 6194, 6196, and 6198 Innovation Way, building "P," in the P-M Zone, in Local Facilities Management Zone 17. Resolution No. 6725
Staff Report
Motion to approve That the Planning Commission ADOPT Planning Commission Resolution No. 6725 APPROVING CUP 10-07 for a period of 2 years, based upon the findings and subject to the conditions contained therein. Moved by Commissioner Nygaard, no second required.
Vice Chairperson L'Heureux asked if the applicant wished to continue with only 6 Commissioners present. The applicant stated yes. Vice Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Schumacher asked if a building permit has been issued for the project. Mr. Westman stated no. Vice Chairperson asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Leslie Weinheimer, Hofman Planning, 3152 Lionshead Ave, representing Pacific Ridge School, gave a brief presentation and stated she would be available to answer any questions. Ms. Weinheimer introduced Eileen Mullady, head of Pacific Ridge School, gave a brief presentation and also stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none, he asked if there were any further questions of the applicant. Commissioner Schumacher stated that after visiting the site this morning, it appears work has begun on the interior modifications to the building. He stated he is not in support of the project as it appears there is a blatant disregard to the procedures. Ms. Weinheimer stated that the contractors are starting to get things ready. Frank ??, construction manager, stated that he took the risk of starting some of the work prior to approvals. Because of the short timing of the project, it was needed to begin some of the work. Commissioner Nygaard asked when STaff anticipates the building permit to be issued. Mr. Westman stated the planning approval can be released tomorrow pending the project approval tonight. Commissioner Dominguez asked if the Engineering department as for review. Mr. Wickham responded.
2.
CDP 00-58(A)/SUP 00-11(A)/CUP 00-32x1(A) - CA-SDG5657 MARJA ACRES
- Request for an amendment to Coastal Development Permit No. 00-58, Special Use Permit No. 00-11, and Conditional Use Permit No. CUP 00-32x1 to allow Clear Wireless to consolidate 6 of 9 existing Sprint/Nextel antennas to 3 Sprint/Nextel iDen antennas and to add 3 new Clear Wireless WiMax antennas, 3 DAP head units and 3 directional antennas for a total of 12 antennas mounted on an existing 32 foot tall mono-palm and for the addition of one Clear Wireless rack within an existing equipment shelter located at 4901 El Camino Real in the R-A-10,000 and C-2-Q/C-2 zones and in Local Facilities Management Zone 1. Resolutions No. 6722, 6723, and 6724
Staff Report
Motion to approve PLANNING COMMISSION ACTION: That the Planning Commission ADOPT Planning Commission Resolutions No. 6722, 6723 and 6724 APPROVING an Amendment of CDP 00-58, SUP 00-11 and CUP 00-32x1 based upon the findings and subject to the conditions contained therein. Moved by Commissioner Nygaard, no second required.
3.
GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW
- 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 and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and grading of a 3.91-acre site into seven (7) single-family residential lots for the future development of seven single family homes and one (1) 1.56 acre open space lot, on property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. Resolutions No. 6669, 6670, 6671, 6672, 6674, and 6675
Mr. Westman gave a detailed presentation and stated he would be available to answer any questions. Commissioner Montgomery asked about the grading of the site and asked what conditions and/or procedures can be placed on the project so that the project is built as designed and in regards to any temporary situations...any mitigation measures. Mr. Wickham stated the previous design has a very large crib wall. the project is conditioned with a hold harmless geotechnical design. As landslides are discovered buttresses and or tie backs are documented. It will be done lot by lot. It has not gone through the final design of the project. Commissioner Montgomery stated that will prolong the grading period. Commissioner Montgomery stated that protecting the public at large... Commissioner Schumacher asked where the sidewalks would be installed for the project. Mr. Wickham stated that it would be for the entire project frontage. Commissioner Schumacher stated that he would like to see sidewalks installed as part of the project. Mr. Wickham stated that it could become part of the larger capital improvement program. Ms. Mobaldi stated that in terms of requiring a developer to build a sidewalk it is not something the city requires unless it is in front of the project's frontage. Hossein Zomorrodi, 7801 Mission Center Court, stated he would be available to answer any questions. Commissioner Montgomery asked if the applicant had found any findings with the geotechnical studies. Mr. Zomorrodi not as the project has been proposed. Vice Chairperson L'Heureux asked if the applicant would be willing to install the piece of the missing sidewalk. Mr. Zomorrodi stated that if he were the property owner he would be hesitant. Public Testimony Opened. Anne Estes, 2825 Esturion Street, and Bob Lattin, 2848 Cacatua Street, gave a detailed presentation and stated they would be available to answer any questions. Adam Althouse, 3826 Cacatua Street, stated that there are already land movements along the property site. Arthur Markovitz, 3002 Unicornio Street, stated the proposed project may have a total 21 cars and does not see how the added traffic can be safe. George Sarnecky, 2856 Cacatua Street, commented that he is concerned with the potential additional traffic problems at the project site. Tim Austin, 2819 Esturion Street, stated he is also concerned about the traffic safety. Lawrence Sanders, 4827 Cacatua Street, asked how high the retaining wall will be along the project. Charles Marshall, 2840 Cacatua Street, is concerned about the construction of 7 new houses in the area. Richard Weston, 2852 Cacatua Street, stated his opposition to the project and questioned the meaning of the Habitat Management Plan. He further stated an adequate environmental impact report has not been done as part of the proposed project. Sam Gazzo, 2813 Esturion STreet, also stated his opposition to the project.
Ms. Mobaldi responded. CC&R are private regulations and the city is not here to enforce them. In regards to statements made by real estate agents... Commissioner Dominguez asked for clarification in regards to enforcement. Commissioner Nygaard asked for STaff to address the issue regarding traffic. Mr. Wickham stated 2600 ADT, designed for 12,000 vehicles (designed like La Costa Avenue). 4 accidents in the past 2 years. Vice Chairperson L'Heureux asked about cars parked on the side of the street of the project. Mr. Wickham responded. No sight visibility as the project is designed. Commissioner Baker asked about the property sliding during the rains as well as... Mr. Wickham responded. Graded in 1971 with original subdivision. Annual report to clear the brush and weed. Mr. Westman responded. Chairperson L'Heureux compared the condition on Park Drive at Bristol Cove. Mr. Wickham responded. Commissioner Dominguez asked about the duplication of CC&Rs. Commissioner Nygaard Commissioner Montgomery asked if there are drainage improvements in the open space area that will be included in the new separate CC&Rs. Mr. Wickham stated yes there are drainage improvements. Commissioner Nygaard asked about the open space area... Commissioner Dominguez asked who is ultimately responsible for maintaining the infrastructure items. Mr. Wickham responded. Chairperson L'Heureux asked for Staff to clarify as to who has the responsibility to ensure all the conditions are met. Mr. Wickham stated that staff feels the project will be graded as one entire project. Commissioner Nygaard Commissioner Montgomery commented about the potential for grading processes. DISCUSSION Commissioner Montgomery stated the community has come forward with many arguments; however, he disagrees with most and only agrees with a few. Agrees with the mapping error. Development is better than the previous proposal. Two impacts to be resolved before approving; visible site sloughage, within the confines of this development there should be a drainage system and not in the open space. Secondly doesn't agree with the inclusion of lot 1 within the subdivision...variety of easements and the walls to built there could impact the surrounding neighborhoods. Investigate or abandoned. Commissioner Schumacher stated he is empathetic to the community that has spoken against this project however the intent of the property was to be designed as residential. Mapping was done in error, There are still engineering concerns regarding the existing homes. Any additional safeguards. Generally is in support of the concept of this development. Would like to see the sidewalk put in. Commissioner Baker also commented on the community's take on this project. She does believe the evidence does show that this property was always zoned as residential. It is a difficult piece to develop. IT is better designed with this proposal. Does not believe there will be impactful. Eliminating Lot 1 is intriguing. Commissioner Dominguez stated his support of the project and feels Commissioner Montgomery's suggestions be considered. The traffic concerns him. This is a property rights situation. Commissioner Nygaard thanked the HOA for their involvement. It is a better project than what it started out as. Is concerned with the trigger with HMP and how that will impact being able to move forward with the project. Agrees with Commissioner Montgomery and is concerned with the overall drainage of the site. Can support but is open to changes. Chairperson L'Heureux agrees that the revised project is better than the first project but is concerned with adding more homes onto El Fuerte. Is concerned with small HOAs normally because they don't have any professional management. Water should be contained on site. Should return to Staff to work on redesign. Ms. Mobaldi stated that an alternative is to make the recommendations with the conditions. Mr. Westman stated the map is final at PC. Commissioner Montgomery would prefer that the project come as redesigned. Commissioner Dominguez stated his concern might be added as a condition to the Map. Commissioner Baker stated...about lot 1. Mr. Zomorradi addressed the commission.
Staff Report
Motion to approve PLANNING COMMISSION ACTION: That the Planning Commission ADOPT Planning Commission Resolution No. 6669 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6670 and 6671 RECOMMENDING APPROVAL of General Plan Amendment GPA 09-08 and Zone Change ZC 09-09, and ADOPT Planning Commission Resolutions No. 6672, 6674, and 6675 APPROVING Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Plan HMP 09-10, based on the findings and subject to the conditions contained therein with the added condition for water all on the site. Moved by Commissioner Nygaard, no second required.
Motion to approve PLANNING COMMISSION ACTION: Continue the item to October 6, 2010. Moved by Commissioner Dominguez, no second required.
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