HomeMy WebLinkAbout2024-11-06; Planning Commission; MinutesPLANNING COMMISSION
Minutes
Nov. 6, 2024, 5 p.m.
CALL TO ORDER: 5:01 p.m.
Council Chamber
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
ROLL CALL: Kamenjarin, Danna, Hubinger, Lafferty, Meenes, Stine (Merz -Absent)
PLEDGE OF ALLEGIANCE: Commissioner Lafferty led the Pledge of Allegiance.
APPROVAL OF MINUTES: Motion by Commissioner Meenes, seconded by Commissioner Stine to
approve the Minutes of Minutes of the Regular Meeting held on Oct. 2, 2024, as presented.
Motion approved 6/0/0/1
(Merz -Absent).
Motion by Chair Kamenjarin, seconded by Commissioner Danna to approve the Minutes of the
Regular Meeting held on Oct. 16, 2024, as presented. Motion approved 6/0/0/1
(Merz -Absent).
PUBLIC COMMENT: None.
PUBLIC HEARING:
1. CDP2024-0009 (DEV2020-0111) 4464 ADAMS ST. 92008 -Adoption of a resolution of the
Planning Commission of the City of Carlsbad, California, approving a Coastal Development
Permit, CDP 2024-0009, to demolish an existing single-family residence and construct a new
4,085 square foot single-family residence on a 0.53-acre site located at 4464 Adams St. within
the Mello II Segment of the city's Local Coastal Program and Local Facilities Management
Zone 1.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Take public input, close the public hearing,
and adopt the resolution.
PLANNER: Megan McElfish ENGINEER: Nichole Fine
Chair Kamenjarin opened the duly noticed public hearing at 5:07p.m.
Assistant Community Development Director, Mike Strong, explained that after publication of the
staff report for this item, City staff learned and confirmed that the ownership of this property
changed during the course of processing the application. Since the applicant was not able to
provide evidence of the current owners authorization before this evening, staff is requesting a
continuance on this item.
Nov.6,2024 Planning Commissioner Regular Meeting Page 2
Motion by Commissioner Danna, seconded by Commissioner Meenes to continue Item 1 to a
date uncertain. Motion passed 6/0/0/1. (Merz -Absent)
Chair KamenJarin closed the duly noticed public hearing on Item Number 1 at 5:10 p.m.
2. CT 2024-0001/SDP 2024-0008 (DEV2023-0081) 3215 -3225 TYLER ST., 92010 -Adoption of
a resolution of the Planning Commission of the City of Carlsbad, California, recommending a
resolution of the Planning Commission of the City of Carlsbad, California, recommending
approval of Tentative Tract Map CT 2024-0001 and Site Development Plan SDP2024-0008 to
demolish two single-family homes and a detached garage; and the development of a 12-unit,
residential air-space condominium project on a 0.532-acre site located at 3215-3225 Tyler
street, within Local Facilities Management Zone 1.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Take public input, close the public hearing,
and adopt the resolution.
PLANNER: Edward Valenzuela ENGINEER: Nichole Fine
In response to Chair Kamenjarin' s request for ex-pa rte on this item, Commissioner Meenes spoke
with the property owner and is familiar with the site, Commissioner Lafferty and Chair
Kamenjarin expressed they are also familiar with the site.
Assistant Director of Community Development Mike Strong, introduced Associate Planner,
Edward Valenzuela who reviewed a PowerPoint presentation of the project.
In response to Commissioner Meenes inquiry, Associate Planner, Edward Valenzuela explained
that the entire width of the drive aisle will serve as a private access and utility easement for the
adjacent property to the west of the project and there is already a recorded easement for it.
In response to Commissioner Lafferty's inquiry, Associate Planner, Edward Valenzuela explained
that consistent with Policy 57 adopted by the City Council, the applicant has purchased two
credits from the Tavarua housing credit bank so they can be excused from building the normally
required two lower income units.
Applicant, Kirk Moeller, KM Architects, explained that this is the first project in the City using the
Objective Design Standards (ODS) and his company worked hard to conform to the standards.
Mr. Moeller clarified that the buildings are pushed back 5 feet further than what is actually
required since they gave a dedication.
Mr. Moeller added that since parking might be a concern, they made improvements to the road
to mitigate issues that might arise from the parking and traffic incurred by the development.
Nov. 6, 2024 Planning Commissioner Regular Meeting Page 3
Engineering Manager, Jason Geldert, responded to Commissioner Meenes' inquiry by explaining
that the drainage flow in this project follows the natural drainage flow of the properties in the
village area. Mr. Geldert added that correcting this is cost prohibitive and unnecessary.
Assistant Director of Community Development, Mike Strong emphasized that the decision
making body on this item is the City Council. Mr. Strong added that the adoption of the Planning
Commission Resolution is affirming that the project is eligible for the alternative compliance
discussed.
Chair Kamenjarin opened public testimony at 5:58 p.m.
Neighboring property owner, Matt Hall expressed his general support for the project and two
concerns regarding the project: drainage, loud noise during non-business hours and planned
improvements for the area.
Kirk Moeller, KM Architects responded to Mr. Hall's concern about loud noise by explaining that
his company is aware of the issue, has had an acoustic study completed and will complete
extensive sound mitigation and plans to provide full disclosure regarding the noise to buyers.
Assistant Director of Community Development, Mike Strong emphasized that the City's building
official and inspectors will verify compliance with state and local laws regarding interior and
exterior noise limits.
Applicant consultant and Civil engineer, Brian Knapp summarized the how the project
accommodates drainage requirements as noted in the staff report's hydrology report.
Hearing no one else wishing to speak, Chair Kamenjarin closed public testimony at 6:14 p.m.
Commissioner discussion ensued.
Motion by Commissioner Stine, seconded by Commissioner Meenes to approve the Planning
Commission Resolution with the condition that it includes the following corrections to the staff
report: 1) revision of 17.d to state twelve units instead of 9, 2) removal of condition 39 requiring
a future public improvement agreement, 3) removal of conditions 51 and 55 to install a 6 foot
wide concrete sidewalk instead of a decomposed granite (DG) one and 4) to change all references
from DG to concrete. Motion passed 6/0/0/1. (Merz -Absent)
Chair Kamenjarin closed the duly noticed public hearing on Item Number 2 at 6:20 p.m.
Chair Kamenjarin called for a 5 minute recess at 6:20 p.m.
Chair Kamenjarin reconvened the meeting at 6:29 p.m.
Nov. 61 2024 Planning Commissioner Regular Meeting Page4
DEPARTMENTAL REPORTS:
Assistant Director of Community Development, Mike Strong introduced Associate Planner, Kyle
Van Leeuwen who reviewed a PowerPoint presentation of the project.
3. DRIVE-THRU RESTAURANT RESTRICTIONS -INFORMATIONAL REPORT & DISCUSSION -
Receive a report and a presentation regarding potential options for regulating drive-thru
restaurants. No action is required at this time except to discuss and evaluate the degree to
which drive-thru restaurants should be permitted, conditionally permitted, or prohibited in
the city's zoning districts.
STAFF RECOMMENDATION: Discuss and evaluate the report.
ASSOCIATE PLANNER: Kyle Van Leeuwen
In response to Commissioner Stine and Hubinger's inquiries, Assistant Director of Community
Development, Mike Strong, explained that it is premature to discuss the existing impact or
benefits for Carlsbad since there has not been an evaluation by staff regarding the pros and cons
of drive-thru restaurants. Mr. Strong added that the Commission's task is to provide initial
feedback to City Council regarding this topic through discussion here this evening. Mr. Strong
added that feedback is nonbinding as there might be a change in sentiment based on additional
public comments or eventual staff analysis, if authorized to conduct one in the future, and if an
ordinance is adopted, it would establish standards, since they are presently nonexistent, so that
the Code Enforcement Division can appropriately respond to and use administrative remedies to
ensure compliance with any future regulations established.
In response to Commissioner Stine's inquiry regarding neighboring cities, Associate Planner
summarized neighboring cities new drive-thru restaurant allowances.
Chair Kamenjarin opened the public testimony at 6:41 p.m.
Brett Schanzenback, President & CEO, Carlsbad Chamber of Commerce, expressed his support for
removing the general prohibition of drive-thru restaurants emphasizing that environmental
impact is benign and the benefit to new and existing business substantial.
Resident, Mike Howes expressed that drive-thru restaurants should be allowed only if they are
vetted by the Planning Commission. He also highlighted the convenience of drive-thru restaurants
for people with children.
Paige DeCino, Sierra Club member, Diane Nygaard, Preserve Calavera, and Mitch Silverstein,
Sur/Rider Foundation each emphasized that drive-thru restaurants are not good for the
environment and sustainability and that the City should not change its current policy. They
indicated that an increase car use is counter to Climate Action Plan goals and accommodations
for pedestrians.
Hearing no one else wishing to speak, Chair Kamenjarin closed the public testimony at 6:57 p.m.
Nov. 6, 2024 Planning Commissioner Regular Meeting Page 5
Commissioner Lafferty expressed her preference to continue the prohibition on drive-thru
restaurants in Carlsbad citing: the need for promoting walkability of the City, support of
Carlsbad's Climate Action Plan, and the need for more information on the topic. Ms. Lafferty
added that without a total ban, the minimum should be a Conditional Use Permit approved by
Planning Commission as the requirement.
Commissioner Danna noted his preference to maintain the total ban on drive-thru restaurants
citing parking lot impacts and aesthetics, the positive element of discouraging the car centered
culture, and the fact that there are currently drive-thru restaurants available to the public.
Commissioner Meenes stated that the types of drive-thru restaurants and the community needs
have changed since 1998 and explained that option number three (requiring a Conditional Use
Permit approved by Planning Commission) is the most logical and that he would want more
information on the topic in order to provide a better recommendation.
Commissioner Stine expressed his opposition to maintaining the current total ban of drive-thru
restaurants and his support for a Planning Commission-approved Conditional Use Permit process;
explaining that he does not discern a significant impact to the environment due to the
proliferation of more environmentally friendly car features and electric vehicles and the CEQA
process included in the Conditional Use Permit. He also noted that he appreciates the benefits
and convenience to businesses, existing and new, that drive-thru restaurants offer. Mr. Stine
added that he would be open to restricting drive-thru locations that do not make sense in certain
areas of the city.
Commissioner Lafferty would like to see the prohibition remain and allow for more opportunities
for smaller restaurants to go around campuses, transit centers, malls and historic districts and
emphasized the need to include in this review, other types of drive thru businesses like
pharmacies or gas stations and the need to review Alternative Design Street Policy. Ms. Lafferty
added that the absence of drive-thru restaurants is a benefit as it encourages pedestrian traffic.
Commissioner Hubinger opined that the consumers like and want drive throughs and their
desires should not be ignored. Mr. Hubinger also expressed his support for Option Three,
allowing drive-thru restaurants that go through a Planning Commission approved Conditional Use
Permit process, and he added that limiting the areas of the City where they are allowed is also a
good idea.
Chair Kamenjarin stated the market on drive-thru restaurants should be opened to new uses in
some way but expressed that he would like to see a limitation on the locations where drive-thru
restaurants are allowed and that he would want more information on the topic in order to
provide a better recommendation.
PUBLIC COMMENT: Continuation of the Public Comments This portion of the agenda is set aside
for continuation of public comments, if necessary, due to exceeding the total time allotted in the
Nov.6,2024 Planning Commissioner Regular Meeting Page 6
first public comments section. In conformance with the Brown Act, no Council action can occur on
these items. None.
PLANNING COMMISSIONER REPORT: None.
CITY PLANNER REPORT: Assistant Director of Community Development, Mike Strong reviewed
the Planning Commission tentative calendar.
CITY ATTORNEY REPORT: None.
ADJOURNMENT: 7:35 p.m.
Cynthia Vigeland
Administrative Secretary