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HomeMy WebLinkAbout2011-11-02; Planning Commission; MinutesPlanning Commission Minutes November 2,2011 Page 1 Minutes of: PLANNING COMMISSION Time of Meefing: 6:00 p.m. Date of Meeting: November 2, 2011 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson L'Heureux called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairperson L'Heureux led the Pledge of Allegiance. ROLL CALL Present: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann Absent: None STAFF PRESENT Don Neu, Planning Director Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Jason Goff, Associate Planner Van Lynch, Senior Planner Glen Van Peski, Engineering Manager Will Foss, Building Manager APPROVAL OF MINUTES Chairperson L'Heureux asked if there were any corrections or revisions to the minutes of the meefing from October 19, 2011. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of October 19, 2011. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing, PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes November 2, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asked Mr. Neu to introduce the first item. 1. CUP 08-08(AVCDP 08-13fA) - GREEN DRAGON COLONIAL VILLAGE - A request for a recommendation of approval of a Conditional Use Permit Amendment and a request for approval of a Coastal Development Permit Amendment to revise conditions of approval in Planning Commission Resolutions No. 6550 and 6551 associated with the Green Dragon Colonial Village project, generally located on the west side of Paseo Del Norte and south of Patomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Jason Goff would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Bruce Bartlett, Fairbanks Ranch, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Commissioner Siekmann asked for clarification regarding the land owner of Parcel C. Mr. Bartlett stated that he was not sure what made that land owner change his mind in terms of consent. Commissioner Siekmann asked if Mr. Bartlett tried to resolve the issues with the land owner of Parcel C. Mr. Bartlett stated yes but nothing was resolved. Commissioner Nygaard asked Ron Kemp, Assistant City Attorney, to explain the liability issues with this project. Mr. Kemp stated the project was originally condifioned to have the property owners sign Hold Harmless Agreements for drainage as well as a Hold Harmless Agreement for Geologic Hazards. The underlying property owner is required to sign those agreements. Because Mr. Bartlett has a lease, the underlying property owner refused to take on any additional risks. Mr. Kemp stated that Glen Van Peski, Engineering Manager, was asked to determine and to evaluate the risks. Mr. Van Peski stated the various aspects were analyzed in regards to Parcel C, and the conclusion was that the risk level in all cases is very low. Mr. Kemp also stated that Mr. Bartlett agreed to sign the permanent BMPs Stormwater Maintenance Agreement and take on the obligations that would go to the owner of Parcel C. Commissioner Nygaard asked if Mr. Kemp feels the liability impacts to the City are minimal, Mr. Kemp stated yes. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux opened and closed public tesfimony on the item. Chairperson L'Heureux asked If there were any further questions of Staff. Commissioner Siekmann asked Mr. Kemp if it would be possible to vote on the two resolutions separately. Mr. Kemp stated yes. Commissioner Schumacher asked if the parking lot on Parcel C could be turned into a building at a future date. Mr. Goff stated that given the location of the project site within the Commerclal/Visttor-Serving Overlay Zone, any future proposal that would alter the site, or change the use on the site, would require a Conditional Use Permit or Condifional Use Permit Amendment that would have to come before the Commission and City Council for approval. Planning Commission Minutes November 2, 2011 Page 3 DISCUSSION Commissioner Nygaard stated initially she was concerned about the risk to the City, but after the testimony from the City Attorney she feels her concerns have been resolved. She stated she can support the project. Commissioner Siekmann stated she is in favor of the extension of time but not the Conditional Use Permit. Commissioner Arnold stated his support of both permits. Commissioner Black also stated his support of the project. Commissioner Scully stated her concurrence with her fellow Commissioners and stated she can support the project. Commissioner Schumacher stated he is safisfied that the risk is a very low risk for the City. He stated he can support the project. Chairperson L'Heureux also stated he can support the project. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6838 recommending approval of a Conditional Use Permit Amendment (CUP 08-08(A)) based on the findings and subject to the conditions contained therein. VOTE: 6-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, and Commissioner Schumacher NOES: Commissioner Siekmann ABSENT: None ABSTAIN: None MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6839 approving a Coastal Development Permit Amendment (CDP 08-13(A)), based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. Planning Commission Minutes November 2, 2011 Page 4 2. CDP 05-48 - TURRO RESIDENCE - A request for a recommendafion interpreting specific use conditions found in Planning Commission Resolution No. 6031 determining that the project is prohibited from operating a vacafion rental located at 5143 Shore Drive in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Van Lynch would make the Staff presentation. Commissioner Siekmann stated that because she lives just outside the sphere of influence for the project and in 2010, she signed a pefifion to get the City to pass an ordinance prohibiting vacation rentals. She stated that she made the determination that she would not be able to be fair and unbiased in the hearing for this project. Commissioner Siekmann recused herself from the dais. Chairperson L'Heureux opened the public hearing on Agenda Item 2. Mr, Lynch gave a brief presentation and stated he would be available to answer any quesfions. Chairperson L'Heureux asked if there were any quesfions of Staff. Commissioner Arnold asked if the home is currenfiy being used as a vacation rental. Mr. Lynch stated not to his knowledge; however, it is currently being used as a sober living home. Commissioner Arnold asked if that use is in violation the City's Municipal Code. Mr. Lynch stated that use is allowed pursuant to state law. Chairperson L'Heureux asked if there were any further questions of Staff. Seeing none, he asked if the permittee, or his representative, wished to make a presentation. Gregory Post, 700 Garden View Court Suite 201G, Encinitas, representing Mr. Turro, gave a brief presentation and stated he would be available to answer any quesfions. Commissioner Arnold stated the home was not used as a vacation rental until 2008 which is two years after the original approval, Mr. Post clarified that Mr. Turro started using the home as a vacation rental in 2009. Commissioner Arnold asked why the house was remodeled with so many bedrooms. Mr. Post stated that Mr. Turro has a large family and many fhends so he wanted a large house. Commissioner Arnold asked if Mr. Turro intended to use the house privately as a residence. Mr. Post stated that was Mr. Turro's intent. Commissioner Scully inquired as to why Mr. Turro never appealed the permit at issuance. Mr. Post stated that he respectfully disagrees with the analysis that was done. When the permit was issued it was not to be used as a vacation rental. He was told that was the law and he was complying with that for 3 years. Mr. Post stated that it was not until late 2008 that the first complaint was received that Mr. Turro was using his property as a bed and breakfast which turned out to be false. Mr. Turro was told by the Code Enforcement Officer that the law had changed and he could use his property as a vacation rental and he would have to pay the transient occupancy tax. Mr. Turro then started using his property as a vacation rental. Mr. Neu clarified that part of the confusion is that the Code Enforcement Officers were not aware of the special condition placed on this permit so they were trying to treat it in a more general way. Paul Turro, 5143 Shore Drive, Carlsbad, stated he has always tried to follow the law and to be a good person. He stated that he purchased the property in 1988, and in 1991 did the first remodel of the home. In 2006, he did the second remodel. Mr. Turro stated he never intended to use his house a vacafion rental. He wanted his family to move in. In 2008, he stated he moved his elderly aunt and two cousins into the house. Mr. Turro stated he received a complaint at that time that he was operafing a bed and breakfast. A Code Enforcement Officer was sent to invesfigate the complaint. The Code Enforcement Officer noted that the home was not being used as a bed and breakfast. Mr. Turro stated that he told the Code Enforcement Officer that he will always comply with the law and he would never have a vacation rental because it was against the taw at which time he was told the law had changed. Mr. Turro further Planning Commission Minutes November 2, 2011 Page 5 stated that he sent a letter to the City of Carlsbad to confirm what he was told by the Code Enforcement Officer. In the summer of 2009, he had a vacafion rental for four weeks. In 2010, there was a complaint that one of the renters held a wedding at the property. He stated that he received a letter which stated he was to stop holding weddings at the house but that he could continue to use the house as a vacation rental. Mr. Turro stated he ceased having weddings at the house and continued using it as a vacation rental. He wrote a letter to the City stating he would be in compliance and would do whatever he was asked by the City. A month later, he had a meeting with Will Foss and Debbie Fountain to see if there was anything that could be done to help the situation with his neighbors. Mr. Turro stated it was at that time that Mr. Foss showed him the restriction on his permit. He stated he was unaware of the restriction. Mr. Turro further stated that this past summer, he was confused as to what to do, he removed it from the vacation rental ads, he moved into the property. Mr. Turro stated that he always meant to be compliant with all the rules, and he never rented out the property as a vacation rental until he was told by 2 Code Enforcement Officers that he could. When he was showed the restriction, Mr. Foss and Ms. Fountain never stated they would have to get an interpretation, and he never received anything stating he was in violation of the conditions of approval. He never appealed the permit in 2006 because he said vacation rentals were against the law and there would be nothing to appeal. He stated he had no intention to use the property as a vacation rental and therefore had no reason to appeal it. Mr. Turro stated he does live there now and there have not been any complaints for over a year. He will always want to be compliant with the law and will do whatever the Commission decides. Mr. Turro stated that he should be able to sell his house without this restriction like all his neighbors. Commissioner Schumacher asked Mr. Turro to address the intended next use of the house. Mr. Turro stated that he is about helping people and if someone wanted to move in so to help maintain his or her sobriety, he would allow that. Mr. Turro stated that he will live at the house and he will live there full-time. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item, Susan and Charles Harris, 5115 Shore Drive, Carlsbad, stated they have never had any issues with Mr. Turro or with any noise or disturbances from the house. They restated and reconfinned that they have no issues with Mr. Turro. Liz Carnes, 4435 Highland Drive, Carlsbad, stated her support of Mr. Turro. Alice Brown, 5157 Shore Drive, Carlsbad, stated her opposition regarding the permit. Ms. Brown has lived in her house for 58 years. She stated the neighborhood has always been a family oriented neighborhood, and R-1 single family residence neighborhood, and Mr. Turro knew that when he purchased his home in 1988. Ms. Brown stated the plans for the remodel originally included private entrances and stairways into each room. The Planning Commission at the time asked for a couple of the outside doors and lights to be removed from the plans. Ms. Brown stated that at the time, the neighbors were already concerned with Mr. Turro as he was abusing his privilege as a single family resident on a daily basis because he was renting rooms to tenants. At the March 15, 2006 Planning Commission meeting, Mr. Turro was not present and the Commission had many questions regarding the intended use of the addition. The permit was subsequently granted with restrictions and vacation rentals were prohibited. Ms. Brown stated that it is true Mr. Turro had family staying in the residence in 2000 and 2008, but he has had short term vacation rentals ever since therefore violating his permit. Ms. Brown commented that Mr. Turro's elaborate webpages will verify this information. Ms. Brown stated that Mr. Turro does receive mail at this address but he is an absentee owner. Ms. Brown commented that the noise, traffic, parking, trash, and the liability to surrounding homes has increased with the house being used as a vacation rental. Ms. Brown further commented that the web advertising for the intended use of a sober living home shows eight bathrooms and seven bedrooms instead of the approved seven bathrooms and six bedrooms. She asked the Commission to consider the violation of Mr. Turro's permit. Hope Smith, 5154 Shore Drive, read a letter from Jeff Woolson, 5345 Los Robles, Carlsbad, who was unable to attend the meeting. The letter stated that the problems on Shore Drive have been going on for far too long, Mr. Turro's home has always had multiple occupants. Parking in the driveway of this house is not allowed by the owner. Some of the vehicles would not move off the street for weeks at a time. Parking spaces on Shore Drive have always been very limited. With the second remodel in 2006, the Planning Commission Minutes November 2, 2011 Page 6 short term vacation rentals began, employing a staff, a full-time gardener, and a full-time housekeeper. The house is violating the permit approved in 2006 and the permit needs to be revoked. Commissioner Arnold asked Ms. Smith if she knew for a fact that vacation rentals were occurring at the home before 2009. Ms. Smith stated no but there have always been multiple occupants in the residence. Jonnie Johnson, 5400 El Arbol, Carlsbad, currently on the board of the Terramar Association, asked the Commission to look at the larger issue of vacation rentals within the city. The use of single family homes as vacation rentals has been a long time issue in her neighborhood. Commissioner Black asked if Ms. Johnson brought the issues forward to Code Enforcement. Ms. Johnson stated no. Commissioner Scully asked what areas the Terramar Association covers. Ms. Johnson stated the association is a volunteer association and they do not have any CC&Rs. Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. James Lough, Special Counsel for the City, gave a brief presentation and stated he would be available to answer any questions. Commissioner Nygaard asked about the previous comments from Code Enforcement that vacation rentals were allowed and the impact it may or may not have on the Commission's decision tonight. Mr, Lough stated that it does not have an impact as to whether or not the Coastal Development Permit had a condition in it for vacation rentals. Commissioner Nygaard asked if what is before the Commission now is to decide what the intention of the Planning Commission in 2006 when the condition was placed on the Coastal Development Permit. Mr. Lough stated that was correct. DISCUSSION Commissioner Nygaard stated what is before the Commission is the intent of what was before the Planning Commission when the permit was issued. She stated she can support the item. Commissioner Arnold stated there is a much bigger issue that needs to be addressed. The issue before the Commission tonight is very clear cut and stated he can support the resolution. Commissioner Black stated he concurs with the two issues before the Commission tonight and can vote in favor of the item. Commissioner Scully stated the previous Commission's intent was very clear and she agrees with her fellow Commissioners. Commissioner Scully stated she can support the item. Commissioner Schumacher stated it is clear from the meeting minutes from March 2006 the Commission's concerns at that time. He can support the item. Chairperson L'Heureux stated he can also support the request from Staff. Planning Commission Minutes November 2, 2011 Page 7 MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6835 recommending approval of a determination that the project, under Planning Commission Resolution No. 6031, is prohibited from operating a vacation rental based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, and Commissioner Schumacher, NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 2 and thanked Staff for their presentations. Commissioner Siekmann returned to the dais. COMMISSION COMMENTS None, PLANNING DIRECTOR COMMENTS Mr, Neu reminded the Commission that the November 16, 2011 meefing has been canceled. He also commented that the Election of Officers will be an item on the December 7, 2011 agenda. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of November 2, 2011, was adjourned at 7:20 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk