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HomeMy WebLinkAbout2013-07-17; Planning Commission; MinutesPlanning Commission Minutes July 17, 2013 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: July 17, 2013 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Siekmann called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Chairperson Siekmann, Commissioners Anderson, Black, L’Heureux, Schumacher and Segall Absent: Commissioners Scully STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Chris DeCerbo, Principal Planner Jason Goff, Associate Planner Austin Silva, Assistant Planner Chris Garcia, Junior Planner Glen Van Peski, Engineering Manager Jason Geldert, Senior Engineer APPROVAL OF MINUTES Chairperson Siekmann asked if there were any corrections or revisions to the minutes of the meeting from June 19, 2013. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of June 19, 2013 as revised. VOTE: 4-0-3 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, and Commissioner Segall NOES: None ABSENT: Commissioner Scully ABSTAIN: Commissioner Anderson and Commissioner Schumacher PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Planning Commission Minutes July 17, 2013 Page 2 2. CUP 13-01 – SD06369 CADENCIA – Request for approval of a Conditional Use Permit to allow for the continued operation of and revisions to an existing Wireless Communication Facility consisting of three panel antennas housed within a faux chimney on the roof of an existing single family residence and the relocation of existing equipment cabinets to a new enclosure at the rear of the property located at 7412 Cadencia Street in Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities” and Section 15303, “New Construction of Small Structures,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 2 and stated the applicant requested that the item be continued until the meeting of September 4, 2013. Commissioner Anderson stated that she needed to recuse herself from the dais due to a conflict of interest in living within the 600 foot radius. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission continue the item to a date certain of September 4, 2013. VOTE: 5-0-2 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher and Commission Segall NOES: None ABSENT: Commissioner Anderson and Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. Commissioner Anderson returned to the dais. 1. CDP 13-04 – LEWIS RESIDENCE – Request for approval of a Coastal Development Permit to allow for the demolition of an existing single-family home and detached garage and the construction of a new 2,488 square foot single-family residence with detached two-car garage on a .14 acre lot located at 168 Maple Avenue, within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Sections 15301(l)(1) demolition of a single family residence and 15303 (a) construction of a single family residence of the state CEQA Guidelines. Mr. Neu introduced Agenda Item 1 and stated Principal Planner Chris DeCerbo would make the staff presentation. Mr. DeCerbo gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Tim Martin, 3004 Newshire Street Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Planning Commission Minutes July 17, 2013 Page 3 Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Bob Lawrence, 3449 Garfield Street, Carlsbad, stated he is concerned about the potential phasing of the project, the drainage of the project, utilities, asked that the brick wall between the properties remain intact, and stated he would like to see more details for the project. Commissioner Black asked about the direction Mr. Lawrence was concerned with. Mr. Lawrence mentioned the current situation is not noted on the site plans. Chairperson Siekmann asked about the height of the block wall. Mr. Lawrence stated the first part of the wall is 68 inches, the last 13 feet of that wall is 72 inches, with capping on the first 25 feet. Chairperson Siekmann closed public testimony and asked the applicant to respond. Commissioner Segall asked about the issue of the block wall with the neighbor. Mr. Martin stated the carport on the property was built years ago by attaching a roof to the block wall on the common line to Mr. Lawrence’s property. The concrete wall on Mr. Lawrence’s property does not waiver across, it was built on the line. Chairperson Siekmann asked about the utilities. Mr. Martin stated the water and gas come from Maple Avenue, and the electricity comes from the power pole at the northeast corner of the property. Commissioner Anderson inquired about the second dwelling unit. Mr. DeCerbo stated all residential units in the city of Carlsbad are eligible by law to allow a second dwelling unit on the property. DISCUSSION Commissioner Schumacher stated he can make the findings for the project and stated he can support the project. Commissioner Segall stated he can support the project. Commissioner L’Heureux stated he can support the project. Commissioner Anderson stated she can also support the project. Commissioner Black also stated he can support the project. Chairperson Siekmann stated she can also support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6990 approving Coastal Development Permit CDP 13-04 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher and Commission Segall NOES: None ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. Planning Commission Minutes July 17, 2013 Page 4 3. RP 13-01/RP 13-02 – TRAM PROPERTY – Request for a recommendation of approval for a Minor Review Permit to allow for the construction of a mixed-use building consisting of a 733 square foot one-family dwelling unit above a 359 square foot office space and approval of a Minor Review Permit (Variance) for two parking standards to allow a one- car garage and one compact sized uncovered parking space rather than the required two-car garage on a .08 acre lot located at 3147 Roosevelt Street in District 5 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner L’Heureux asked if the existing structure will remain and if the new structure will be above that. Mr. Silva stated the existing structure will remain on the property, with an addition of the residential unit above the 359 square foot office space in a new building, including a one-car garage. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Al Liebovitz, 1214 Neptune Ave, Encinitas, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Schumacher asked how the existing structure will blend with the new proposed structure. Mr. Liebovitz stated that the new structure will be the same color. Some renovations have been made to the existing structure including paint, new windows, new roof, landscaping, and foundation. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 3. Seeing none, Chairperson Siekmann opened and closed public testimony. DISCUSSION Commissioner Schumacher stated that while he is not generally in favor of variances, he can understand the need for it with this project. He stated he can support the project. Commissioner Segall stated he can support the project. Commissioner L’Heureux stated he can support the project. Commissioner Anderson stated she too can support the project. Commissioner Black stated he can support the project. Chairperson Siekmann stated that because of the three requested variances, she cannot support the project. Planning Commission Minutes July 17, 2013 Page 5 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6997 recommending approval of RP 13- 01 and adopt Planning Commission Resolution No. 6998 approving RP 13-02 based upon the findings and subject to the conditions contained therein. VOTE: 5-1-1 AYES: Vice Chairperson Black, Commissioner Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher and Commissioner Segall NOES: Chairperson Siekmann ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. RP 12-31/CDP 12-28/CUP 13-04 – BLUEWATER – Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit, and approval of a Conditional Use Permit and Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Black asked if the applicant has discussed any times of delivery. Mr. Silva stated that details of the restaurant operations have not been figured out as the applicant has not selected a manager. Commissioner Black proposed a condition for deliveries to be between 7:00 a.m. to 9:00 p.m. Commissioner Anderson inquired about the project without the standards modification for the setbacks. Mr. Silva stated that a standards modification would help maximize the interior restaurant space. Commissioner Anderson stated she does not like the proposed hours of operation. Commissioner Segall asked if a standards modification is a variance. Mr. Silva explained the difference of the two which indicates that a variance is a property with site constraints such as a narrow lot and a standards modification is typically for a standard lot without constraints. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Buck Thompson, representing PiArc Design, La Jolla, stated he would be available to answer any questions. Barry Blue II, CEO of Bluewater Restaurant and Micro-Brewery, introduced himself and stated he would be available to answer any questions. Bob Sukup, civil engineer, introduced himself and stated he would be available to answer any questions. Planning Commission Minutes July 17, 2013 Page 6 Steven Bhaork, CFO and controller for the Blue family, discussed the vision of the project. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Black asked about the operations regarding the project. Mr. Blue, operating manager for the restaurant, stated he anticipates deliveries to be made between 8:00 a.m. and 11:00 a.m. or noon. Commissioner Anderson asked if there will be televisions on the patio. Mr. Blue stated no. Commissioner Anderson asked about hours of operation. Mr. Blue stated they will sell beer and wine and they anticipate staying open until 1:00 a.m. Commissioner Anderson asked if the patio could close earlier. Mr. Blue stated he would be agreeable to that. Commissioner L’Heureux asked about the standards modification if it is not approved. Mr. Thompson stated the project would not proceed due to the difficulty in configuration of the property. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Chairperson Siekmann opened public testimony. Mark Bradshaw, 4080 Lincoln Ave, Carlsbad, stated he has lived in the neighborhood for 20 years. He stated the project is terrible for the property values. Hayley Griffin, 2775 Ocean Street, Carlsbad, representing Tobow Investments, stated they are concerned about noise, hours of construction for the project, parking for the construction crews, pedestrian traffic, how the construction crew will respect the needs of pedestrians, construction traffic and the duration of the project. She also stated they are concerned with hours of operation, delivery times, where deliveries will occur, the side setback variance, and noise control on the patio and balcony. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she asked the applicant to respond to the issues that arose during public testimony. Mr. Thompson responded to the construction concerns stating that the maximum 9 month time of construction would be a reasonable time frame with measures taken to keep unnecessary noise down on the project. Mr. Blue responded to the noise issues stating delivery times would be scheduled before business hours, and the solution to minimize noise is installing audio security surveillance on the interior and exterior of the property for safety concerns. Commissioner Segall asked where the employees will park. Mr. Blue stated the employees will park off- site. Commissioner Segall asked about parking for the construction crews. Mr. Thompson stated all of the construction crews can park at the rear of the parking lot. Commissioner Segall asked about construction hours. Mr. Thompson stated they would comply with the city’s regulations, between 7 a.m. and 7 p.m. Commissioner Anderson asked where the noise is currently coming from. Mr. Blue stated current noise may be coming from the tenants of that property, restaurants from across the street, and other residences near that property. Chairperson Siekmann closed public testimony and asked if there were any questions of staff. Commissioner Schumacher asked about the city’s process for issuing live entertainment licenses. Mr. Silva stated it was general practice from the police department to issue an entertainment license and a land use permit from Planning. Commissioner Segall asked about standard hours of construction. Mr. Neu stated that per the city’s noise ordinance, construction hours would be from Monday through Friday 7a.m. to 6 p.m., Saturday 8 a.m. to -6 p.m., and no construction on Sunday. Planning Commission Minutes July 17, 2013 Page 7 Commissioner L’Heureux asked if the hours of operation may be imposed as a condition on the application. Assistant City Attorney, Ron Kemp stated yes, based on the findings, a condition can be placed on the project to lengthen or shorten the construction hours based on the character and nature of the neighborhood and the vicinity of the project per building official, city engineer, or other official designated by the city manager Chairperson Siekmann asked if it were possible for the Commissioners to create a condition that requests staff to work with the applicant to adjust hours of construction, hours of the outdoor patio and hours of delivery. Mr. Neu stated that the permits for the project which are recommended for approval by the commission are designated for the restaurant building and operations, and that approval of the parking area would be an action that is final by the commission. Mr. Neu also stated a condition recommended by the Planning Commission may be adjusted, if needed by the council. Commissioner Black withdrew his request for a condition regarding hours of operation in lieu of other proposals for conditions that might be discussed. Commissioner Schumacher stated he can support the hours of delivery as proposed by the applicant and would be in support of the hours for construction as set by the city. Commissioner Segall stated he concurs with the delivery times as proposed by the applicant. Commissioner L’Heureux stated the delivery hours as proposed by the applicant are sufficient and that there is no construction on weekends. He stated he would like to see a condition dealing with the outside use of the patio, with an 11:00 p.m. type of curfew. He would also like a condition limiting the sale of alcohol to beer and wine only, and not a full bar. Commissioner L’Heureux stated he can support the modifications to the setbacks and adding condition that requires the entrance be blocked at night. Commissioner Anderson stated she would like the deliveries to be limited to 8 a.m. to 12 p.m., the hours of operation to cease at 12:00 a.m., the patio use to cease at 10:30 p.m. and a blocked entrance at night. Commissioner Black stated he would like the patio to close at 11:00 p.m. and stated he agrees with the other commissioners. Commissioner Schumacher stated he can support the project with the additional conditions. Commissioner Segall stated he would like to insure consistency with the hours of operation. Chairperson Siekmann stated she would like no early deliveries before 8 a.m., and the outdoor patio to close at 11:00 p.m. Delivery Hours of Operation The Planning Commission voted 6-0 to have the delivery operation from 8:00 a.m. to 12:00 p.m. 7 days a week. Blocked Driveway The Planning Commission voted 2-4 (Anderson, Black, Segall, Siekmann) on a proposal to have the driveway blocked during non-operational hours. Patio Hours of Operation The Planning Commission voted 5-1 (Anderson) to have the patio hours of operation be the same as Dini’s patio operations ceasing daily at 11:00 p.m. Sunday through Thursday and 12:00 p.m. Friday and Saturday. Planning Commission Minutes July 17, 2013 Page 8 DISCUSSION Commissioner Schumacher stated he can support the project with the conditions that were proposed. Commissioner Segall stated he can also support the project. Commissioner L’Heureux stated it was a good project for the area and a real asset to the community. Commissioner Anderson stated she liked the look of the building and it was an improvement over what was there. Commissioner Black stated he supports the project. Chairperson Siekmann stated it was a good project for the city. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 7001 and 7002 recommending approval of RP 12-31 and CDP 12-28 (for property located in the V-R zone and Village segment of the Local Coastal Program) to the City Council, and adopt Planning Commission Resolutions No. 7003 and 7004 approving CUP 13-04 and CDP 12-28 (for property located in the R-3 zone and Mello II segment of the Local Coastal Program) based on the findings and subject to the conditions contained therein with the additional conditions proposed. VOTE: 6-0-1 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, and Commissioner Segall NOES: None ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. CUP 12-05/CUP 12-06 – ALPS INNOVATION STAYBRIDGE SUITES AND ALPS INNOVATION HOLIDAY INN – Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and the approval of two Conditional Use Permits for the construction and operation of a 106-room hotel and a 133-room hotel on a vacant previously graded 9.19 acre site, generally located south of Palomar Airport Road, east of Innovation Way, and west of Colt Place, within Planning Area 4 of the Bressi Ranch Master Plan and the Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Jason Goff would make the staff presentation. Mr. Goff gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann acknowledged receipt of several letters of support of the project. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Segall asked about the airport land use compatibility plan. Mr. Goff stated the Comprehensive Land Use Plan for the McClellan-Palomar airport had been replaced and updated by the Airport Land Use Compatibility Plan. Planning Commission Minutes July 17, 2013 Page 9 Commissioner L’Heureux asked for clarification regarding the 15% reduction in parking. Mr. Goff stated the total number of reduced parking spaces is 30. Commissioner Schumacher asked about the additional ADT and if the service levels along Palomar Airport Road change because of this. Mr. Goff stated no. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Khoa Nguyen, Public Policy Strategies 1620 5th Avenue, San Diego 92101, gave a brief presentation and stated he would be available to answer any questions. Mark Kallenberger, Kallenberger Jones and Company, 245 Fisher Ave, Costa Mesa, gave a brief summary of conclusions to the summary. Rich Carlson, IHG, 3 Ravinia Dr, Atlanta Georgia 30346, and Sahil Khandwala 621 S Highway 101 Solana Beach, concluded the presentation. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner L’Heureux asked for clarification on the common area between the two hotels. Bob Tuttle, architect for the project, stated the common area is designed so that it is shared between the two hotels. Commissioner Segall asked about the price point. Mr. Carlson stated the average length of stay is a week at Staybridge Suites but the price point can be negotiated. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Chairperson Siekmann opened public testimony. Bob and Jen Butacan, resident of Bressi Ranch, read a letter into the record, stating his concerns with the project location, notification of the project and guests of the hotels that may attract drugs and crime into the community. Mr. Butacan also stated he was concerned with the noise and traffic, and the safety of the community will be jeopardized. Chairperson Siekmann asked the applicant to respond to the issues raised during public testimony. Mr. Carlson stated that research shows 80% of guests that stay at their hotels are on business and 20% leisure. Guests look for hotels with a global reputation, service, comfort and value. Mr. Tuttle clarified the issues with parking and traffic, stating the preferred address would be Innovation Way. Mr. Tuttle also stated the requirement for parking is 1.2 parking spaces per guest. Commissioner L’Heureux inquired about the entrance at Colt Place. Mr. Tuttle stated the driveways that connect have already been constructed, resulting in two separate points of access to the property. Commissioner Segall inquired about the main entrance and the signs specifying the direct route. Mr. Tuttle stated the signs specifying the address of the property are on Innovation Way. Chairperson Siekmann closed public testimony and asked if there were any further questions of staff. Commissioner Schumacher asked about the noticing for the project. Mr. Goff stated an early public notice had been sent out to property owners within 600 ft. of the project boundaries. Mr. Goff also stated the applicant extended the notification list to include the Mulberry neighborhood in Bressi Ranch. Commissioner Segall asked if HOAs can be included in the Early Public Notice notification process. Mr. Neu stated the intention of an early notice is to get comments of property owners within the radius area to address issues of concern, earlier in the review of the project. DISCUSSION Commissioner Schumacher stated the project is a good use for the location and he can support the project. Planning Commission Minutes July 17, 2013 Page 10 Commissioner Segall stated he can also support the project. Commissioner L'Heureux feels this project will be a positive addition to the community and stated he can support the project. Commissioner Anderson commented that she likes the location of the project and stated she can also support the project. Commissioner Black concurred with his fellow Commissioners and he can support the project. Chairperson Siekmann stated she can support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6999 and 7000 approving Conditional Use Permit CUP 12-05, and Conditional Use Permit CUP 12-06, based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher, and Commissioner Segall NOES: None ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 5 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS Mr. Neu stated that City Council approved the Westfield project maintaining provisions for digital signs and partnership marketing signs subject to City Council approval of a sign program. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of July 17, 2013, was adjourned at ([~ DON NEU City Planner Bridget Desmarais Minutes Clerk ·