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HomeMy WebLinkAbout2013-10-02; Planning Commission; MinutesPlanning Commission Minutes October 2, 2013 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: October 2, 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, Schumacher, Scully and Segall Absent: Commissioner L’Heureux and Vice Chairperson Black STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Van Lynch, Senior Planner Christer Westman, Senior Planner Greg Fisher, Assistant Planner Chris Garcia, Junior Planner Glen Van Peski, Engineering Manager Debbie Fountain, Housing and Neighborhood Services Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Chairperson Siekmann stated the Commission received corrections to the minutes prior to the meeting and asked if there were any further corrections or revisions to the minutes of the meeting from September 18, 2013. MOTION ACTION: Motion by Commissioner Schumacher and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of September 18, 2013 as corrected. VOTE: 4-0-3 AYES: Commissioner Anderson, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux and Commissioner Black ABSTAIN: Chairperson Siekmann Planning Commission Minutes October 2, 2013 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CUP 13-06 – SAN DIEGO PREMIER TRAINING – Request for a Conditional Use Permit to allow San Diego Premier Training to operate a specialty fitness gym in a vacant 4,312 square foot suite located within an existing office/industrial building on property located at 6451 El Camino Real, in the P-M Zone and in Local Facilities Management Zone 5. 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,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. 2. CUP 90-03(D)/SDP 90-05(H)/CDP 13-05 – COSTCO COOLER ADDITION – Request for a recommendation of approval of a Conditional Use Permit Amendment CUP 90-03(D), a Site Development Plan Amendment SDP 90-05(H), and a Coastal Development Permit CDP 13-05 to demolish a 1,240 square foot cooler, add 2,324 square feet of new cooler area, and 1,813 square feet of receiving area to an existing 148,231 square foot COSTCO Wholesale building on property located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 “Existing Facilities” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu stated Agenda Items 1 and 2 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 1 or 2. Chairperson Siekmann asked if any member of the audience wished to address Agenda Items 1 or 2. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Schumacher and duly seconded, that the Planning Commission approve Agenda Items 1 and 2. VOTE: 5-0 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Schumacher, Commissioner Scully, and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux and Commissioner Black ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Items 1 and 2, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 3. Planning Commission Minutes October 2, 2013 Page 3 3. CT 13-02/PUD 13-04 – COASTAL 10 – Request for approval of a Tentative Tract Map and Planned Development Permit to develop a 10-unit multi-family residential air-space condominium project on a 0.49 acre infill site generally located on the south side of Navarra Drive, west of Viejo Castilla Way, and 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) pursuant to Section 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Seeing none, she asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Keith Hansen, representing O’Day Consultants, 2710 Loker Avenue West Suite 100, 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. Seeing none, she asked if there were any further questions of Staff. Seeing none, Chairperson Siekmann asked if there were any members of the audience who wished to speak on Agenda Item 3. Chairperson Siekmann opened the public testimony on Item 3. Andrea Ernesto, 2537 Navarra Drive Unit B10, Carlsbad, asked how far the buildings will be from her property line, and if there will be any windows on the left side of the building. Ken Hintz, who lives in the development next to the proposed project, inquired about the density of the project and stated he feels the 10 proposed units are excessive. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony and asked the applicant to respond to the issues raised during public testimony. Mr. Hansen stated that the proposed buildings will be 5 feet from the property line and the buildings will have windows on the left. Mr. Hansen further stated the density for the proposed project is at the allowed density for the site. Mr. Fisher clarified that all the setbacks will be according to what is allowed per the municipal code, with 5 foot side yard setbacks and 10 foot front yard and rear yard setbacks, and it is consistent with the existing homes in the area. Mr. Fisher stated that proposed density is also consistent with the city’s general plan. Commissioner Schumacher asked if there will be landscaping between the open space lot and the existing adjacent buildings. Mr. Fisher stated that the existing trees will be removed; however, the area will be replanted. Mr. Hansen stated the area between the pool and the property line can have additional landscape. DISCUSSION Commissioner Segall stated he can support the project. Commissioner Scully stated she can support the project. Commissioner Anderson also stated she can support the project. Commissioner Schumacher stated he agrees with his fellow Commissioners and can support the project. Chairperson Siekmann stated too can support the project. Planning Commission Minutes October 2, 2013 Page 4 MOTION ACTION: Motion by Commissioner Schumacher and duly seconded that the Planning Commission adopt Planning Commission Resolution No. 7012 approving a Tentative Tract Map (CT 13-02) and Planned Development Permit (PUD 13-04), based upon the findings and subject to the conditions contained therein. VOTE: 5-0 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux and Commissioner Black 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. CUP 8(A) – THE WOMAN’S CLUB OF CARLSBAD – A request for approval of a recommendation to rescind a Special Use Permit granted by City Council Ordinance No. 9117 and the approval of an amendment to Conditional Use Permit 8 (CUP 8) for the Woman’s Club of Carlsbad to establish additional restrictions on the use of property located at 3320 Monroe Street, between Basswood Avenue and Linda Lane in the R-1 zone and located in Local Facilities Management Zone 1. 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” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 4 and stated Senior Planner Van Lynch would make the staff presentation. Mr. Lynch gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Segall asked for the definition of a passive use for the patio. Mr. Lynch stated it is staff’s intention that it would be a use that would not include an active use which generates excessive noise. A passive use would be a use such as buffets or rummage sales. Staff does not want to see dancing, live entertainment or music on the patio. Commissioner Segall asked if there could be tables outside on the patio for a luncheon. Mr. Lynch stated that if it were in a passive manner where the guests were dining casually would be acceptable. Commissioner Schumacher asked for clarification on Condition No. 9 regarding amplified music and if it pertains to interior or exterior music. Mr. Lynch stated the condition is referring to the restriction of interior music as no music or amplified sound is allowed outside. Commissioner Segall asked for clarification regarding the number of events for during the week and weekend. Mr. Lynch stated that it was to help limit the amount of activities on the site. Commissioner Segall asked if Friday night is considered a weekend night. Mr. Lynch stated yes. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Kay Gernandt, 2637 Sausalito Avenue, Carlsbad, gave a brief presentation and stated she would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Planning Commission Minutes October 2, 2013 Page 5 Commissioner Schumacher asked if the proposed changes would be included in the rental agreements so that renters are aware of the restrictions. Ms. Gernandt state yes. Commissioner Scully inquired as to how many ongoing agreements are in place for the remainder of the year. Ms. Gernandt stated about 2 per month but since the start of this process with the City, they have limited the events to 1 per weekend. Commissioner Scully commented that according to the paperwork that the Woman’s Club submitted, there will be approximately 43 events held on Saturdays during the year. Ms. Gernandt responded stating that was what was done in the past. Commissioner Scully asked if they are going to a maximum of events on 24 Saturdays. Ms. Gernandt stated that if the CUP states the club can have one event each weekend, they may or may not have an event during the weekend. Commissioner Anderson commented that because of the installation of the air conditioning and the new windows, the closing of the windows is voluntary. Ms. Gernandt stated that it is not voluntary. She further commented that signs have been posted to remind guests to keep the doors and windows closed and to keep voices low so as to help minimize noise impacts to the neighbors. Commissioner Anderson commented on guests turning off the music at 9:00 during the weekend but remaining on the site until 10:00. Ms. Gernandt stated those rules have been in place for some time. It allows guests time to end the events and clean up the site and vacate the premises. Commissioner Segall asked if there is a restriction on smoking. Ms. Gernandt stated smoking is not allowed inside the building; however there is not a restriction on smoking outside. Commissioner Segall asked if they are agreeable to the proposed conditions. Ms. Gernandt stated yes. Commissioner Scully commented that one of the conditions requires a Woman’s Club representative on site during any events and what would happen if the scheduled person is not available or does not show. Ms. Gernandt stated that is something the Club will have to address. Commissioner Anderson asked about the decibel level of the music. Ms. Gernandt stated rather than limiting the decibel level, the solution was to limit sounds outside the building. 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 the item. Chairperson Siekmann opened public testimony on Item No. 4. Lisa Rodman, 3824 Carlsbad Blvd., Carlsbad, commented that the Woman’s Club is a very important part of the community and urged the Commission to approve the CUP. Maria Villasenor-Curry, 2036 Linda Lane, Carlsbad, read a statement into the record stating her concerns regarding the Woman’s Club. Commissioner Segall asked how long she has lived in the neighborhood. Ms. Villasenor-Curry stated 17 years. Julie Peebles-Peterson, 2045 Linda Lane, Carlsbad, commented that she has been impacted by the noise level from events held at the Woman’s Club. She requested that the CUP not allow amplified music. Commissioner Anderson asked if the noise has always been an issue. Ms. Peebles-Patterson stated that it has significantly worsened over the years. Terri Polley, 3285 Monroe Street, Carlsbad, stated she is concerned with the noise and increased strangers in the neighborhood as well as the serving of alcohol at the site. Ronnie Kozlowski, 3435 Ridgecrest Drive, Carlsbad, a member of the Woman’s Club and also a neighbor, stated the noise and traffic have never been an issue for her or her neighborhood. Carol Law, 1601 Gascony, Encinitas, commented that the Club is not located in a typical R-1 neighborhood. Planning Commission Minutes October 2, 2013 Page 6 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 raised during public testimony. Ms. Gernandt commented there was a communication breakdown between the Club and the residents in the past. The Club recently tried to reach out the neighbors but the neighbors were unavailable or did not want to meet. Chairperson Siekmann asked if there were any questions. Commissioner Schumacher asked about communication with the neighborhood and if there is a published point of contact for any issues. Ms. Gernandt commented that with the new CUP, the club is required to post on the outside of the building the name of the person holding the event, the hours of operation, a contact person and a phone number. Commissioner Schumacher asked if the contact person will be the same person for each event. Ms. Gernandt commented that she would like to institute a hotline number for the Club, which is not currently proposed with the new CUP. Commissioner Segall inquired about the sales of alcohol at the site. Ms. Gernandt stated that when there is a Woman’s Club function, alcohol is not sold, but it can be served to guests. She commented that the comedy club does sell alcohol. A part of the new CUP states the members of the Woman’s Club need to attend training in order to serve alcohol. Ms. Gernandt stated that alcohol is not sold to the public. Commissioner Segall asked Ms. Gernandt if the Woman’s Club would be opposed to an additional condition about no smoking on the premises. Ms. Gernandt commented that that would be acceptable. Commissioner Anderson asked about the contact number. Ms. Gernandt stated that it was her understanding that there is a requirement for 2 numbers, one for the person holding the event and one for a representative of the Woman’s Club. Commissioner Anderson asked if the security guards leave the premises at 9:00. Ms. Gernandt stated the guards stay onsite until 10:00. Chairperson Siekmann inquired about the comedy club and asked if it is a public invited event. Ms. Gernandt stated the event is posted on a website, and tickets are sold to limit the number of participants to less than 150. Commissioner Anderson inquired about keeping a renter’s deposit if the police are called during an event. Ms. Gernandt commented that it not currently being done but it can be instituted. Chairperson Siekmann closed public testimony on Agenda Item 4 and asked Staff to respond to any issues raised during public testimony. Mr. Lynch commented that, for information purposes, in order to properly mitigate a building for the bass that comes from amplified music is very cost prohibitive. Commissioner Schumacher asked if each renter brings in their own music system. Ms. Gernandt stated that the Woman’s Club has its own amplified system that is used only for speaking. Generally, DJs do not want to use that system for music and bring in their own system. DISCUSSION Commissioner Segall thanked the Woman’s Club for coming forward with recommendations for change and their attempts at trying to mitigate some of the neighbors’ concerns. He stated that he is concerned with smoking on the site. Commissioner Segall commented that the term “passive” in Condition No.13, item 7, needs to be clearly defined so as not to take away uses such as lunches on the patio. He further commented that he is concerned about the complaint process regarding the CUP regulations. Commissioner Scully commented that there is no doubt the Woman’s Club provides great things to the community; however, she would like to see the amount of weekends reduced to once a month, twice a month at a maximum. She further stated she would like to see a time limit on the CUP, perhaps 2 years. Commissioner Scully stated she cannot approve the project as it is proposed. Planning Commission Minutes October 2, 2013 Page 7 Commissioner Anderson stated her concurrence with Commissioner Scully. She commented that the site was originally intended to be a meeting hall, not a banquet hall. Commissioner Anderson would like to see a limit on the number of activities at the site. Commissioner Schumacher stated the changes are long overdue. He commented that he appreciates the applicant’s proactive approach with the changes they have made so far. Commissioner Schumacher further commented that it is hard to know whether the new restrictions will be enough or too much. He stated that he likes some of the suggestions stated by his fellow Commissioners such as no smoking on the premises, a hotline number to someone in the club during events, and shortening the length of the CUP. Commissioner Schumacher commented that the underlying issue with the number of events at the site is the amplification of the music not necessarily the quantity of events. He also commented that he would not like to have complaints come in while the applicant is still working out some of the operational issues and have the CUP threatened. Chairperson Siekmann agrees with restricting smoking on the site. She feels the passive use issue will work itself out. She stated that including a time limit on the CUP of maybe one or two years is an excellent idea as it would allow some time to see if the changes are working. Chairperson Siekmann suggested that the Commission add a restriction on the number of events that can have amplified sound. She further stated that the policing of the site needs to be handled through the police. Chairperson Siekmann also stated that the issues regarding the serving and sale of alcohol will be handled through the conditions. She stated that the idea of including a phone number or hotline is a great idea and should be included on any signs regarding upcoming events. The Commission discussed and voted on the following issues NO SMOKING ON PREMISES The Commission voted 5-0 to include a restriction of no smoking on the premises. TIMEFRAME The Commission voted 5-0 to include a one year status update with the subsequent review to be set at that time. WEEKENDS and AMPLIFIED EVENTS Commissioner Anderson proposed a restriction to limit amplified music to two weekend events per month. The Commission voted 2-3 (Schumacher, Segall, and Siekmann) and the motion failed. LIMIT OUTDOOR DINING TO DAYLIGHT HOURS Commissioner Anderson proposed limiting the outdoor dining to daylight hours only. The Commission vote 1-4 (Schumacher, Scully, Segall, and Siekmann) and the motion failed. PASSIVE EVENTS The Commission voted 4-1 (Anderson) to enhance the definition of “passive” as “Only passive uses of the patio, including outdoor dining, silent auctions and rummage sales, are permitted.” HOTLINE NUMBER The Commission voted 5-0 to have the applicant establish a hotline number to go to a member of the Woman’s Club and to be posted on the sign for events. Planning Commission Minutes October 2, 2013 Page 8 Commissioner Segall stated he is still concerned about the complaint process and commented that a citizen could call repeatedly to get the site shut down. Mr. Neu stated that situation could happen; however, in terms revoking or modifying the permit, it would have to come before the Commission. Commissioner Anderson suggested that it would be beneficial to add back into the rental agreement that the deposit would be forfeited if police were called and for it to be left to the discretion of the Woman's Club. Ms. Mobaldi commented that ordinarily the City does not want to dictate what goes into private agreements between parties. It is ultimately up to the Woman's Club as to how they comply with the conditions set forth in the CUP and how they get compliance from the people they have contracts with. TERM LIMITS The Commission voted 4-1 (Segall) to include a 5 year limit on the CUP. MOTION ACTION: Motion by Commissioner Schumacher and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7010 approving a recommendation to rescind a Special Use Permit granted by City Council Ordnance No. 9117 and adopt Planning Commission Resolution No. 7011 approving CUP 8(A) based upon the findings and subject to the conditions contained therein including the amendments supported by a majority vote of the Commission (as listed in the minutes). VOTE: 5-0 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Schumacher, Commissioner Scully, and Commissioner Segall NOES: None ABSENT: Commissioner L'Heureux and Commissioner Black ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 4 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of October 2, 2013, was adjourned at [~ DON NEU City Planner Bridget Desmarais Minutes Clerk