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HomeMy WebLinkAbout2014-05-07; Planning Commission; MinutesPlanning Commission Minutes Minutes of Time of Meeting: Date of Meeting: Place of Meeting: May 7, 2014 PLANNING COMMISSION 6:00 p.m. May 7, 2014 COUNCIL CHAMBERS CORRECTED Page 1 CALL TO ORDER Chairperson Black called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Scully led the Pledge of Allegiance. ROLL CALL Present: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Dave de Cordova, Principal Planner Christer Westman, Senior Planner Jennifer Jesser, Senior Planner Shannon Werneke, Associate Planner Austin Silva, Assistant Planner Jason Geldert, Senior Engineer PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Chairperson Black asked if there were any corrections or revisions to the minutes of the meeting from April 16, 2014. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of April 16, 2014. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Planning Commission Minutes May 7,2014 Page 2 1. CDP 13-30 - DE ANDA RESIDENCE - Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Coastal Development Permit to allow for the construction of a 3,412 square foot single family residence within the Mello II Segment of the city's Coastal Zone located on the west side of Jefferson Street, south of Las Flores Drive and within Local Facilities Management Zone 1. The project site is within the appealable area of the California Coastal Commission. 2. CUP 90-03(E)/SDP 90-05(H/CDP 97-05(B> - COSTCO GAS STATION CANOPY - Request for a recommendation of approval of a Conditional Use Permit Amendment CUP 90-03(E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Permit Amendment CDP 97-05(B) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station 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 Black asked if any member of the audience wished to address Agenda Item 1 or 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve Agenda Items 1 and 2. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black 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. 3. CT 13-05/RP 13-15- STATE STREET TOWNHOMES - Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054- 19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 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. Planning Commission Minutes May 7,2014 Page 3 Mr. Neu introduced Agenda Item 3 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Commissioner Segall asked about the grass medians in the alleys as shown on the project renderings. Ms. Werneke stated that the pictures shown on the slide are only renderings and the grass medians do not exist and they are not proposed. Commissioner Segall asked about the ingress point from the alley into the site. Ms. Werneke stated it would be a pedestrian access point. Commissioner Segall inquired if there would be a security gate at that location. Ms. Werneke commented that nothing is proposed at the time but deferred the question to the applicant. Commissioner Siekmann asked about the one inclusionary housing unit credit. Ms. Werneke commented that she asked a staff member from the Housing Division and stated the credit will either come from the Roosevelt Gardens project or the Tavarua project. Commissioner Anderson asked how long the inclusionary housing requirement will follow those units that are onsite. Don Neu, City Planner, stated that he believes the requirement is for 55 years for rental units and 30 or 35 years for the for sale units. Chairperson Black asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Peter Lauener, president of Intracorp, 4041 McCarthur Blvd, Newport Beach, gave a brief presentation and stated he would be available to answer any questions. Regarding the pedestrian access issue raised by Commissioner Segall, he stated he would be agreeable to adding a gate for security purposes if the Commission felt it appropriate. Chairperson Black asked if there any further questions for the applicant. Commissioner Siekmann inquired about the proper flow for natural heat and air for the units that will face a more north/south direction on the north and south ends ofthe project. Ken Benson, representing Intracorp, stated the staggering of the buildings on those sides of the site will help allow for the natural heating and cooling. Commissioner Siekmann asked about the types of businesses allowed in the live/work units. Mr Lauener explained that if an attorney lived in a unit, it would be considered a home office and business would not be conducted from that unit. Commissioner Siekmann asked if 24 months will provide an adequate timeframe to receive building permits for the project. Mr. Lauener stated he feels 24 months is adequate time to obtain permits and begin construction. Commissioner Siekmann asked if the current tenants have been made aware of the proposed project. Mr. Lauener stated a staff member from Intracorp spoke with or attempted to speak with each tenant on site. Commissioner Anderson asked about the limitations for the proposed businesses. Mr. Lauener stated it is not the intent to have retail spaces as the units will be live/work units. Commissioner Anderson stated her concern regarding parking in the garages for the inclusionary housing units. She asked if there will be limitations for the types of vehicles that will be allowed. Mr. Lauener stated that for the market rate units, the garage sizes are the standard 20 feet by 20 feet. As it relates to the inclusionary units, Mr. Lauener directed the Commission's attention to a slide depicting the proposed garages with examples of a large SUV and a midsize car parked in the garage. Mr. Lauener explained that there will be open parking spaces for the inclusionary units as well so if a homeowner had a larger vehicle, they would be able to use one of those spaces. Commissioner Anderson inquired as to why the alley was not used for the location for the site's ingress and egress. Mr. Lauener explained that they were concerned about cut-through traffic from State Street to the alley. The site also has constraints as it pertains to grade and ADA compliance. Commissioner Scully asked about the soundproofing between the units. Mr Lauener stated that the walls will have insulation and drywall, and the project will meet the city's sound requirements for interior noise levels. Planning Commission Minutes May 7,2014 Page 4 Commissioner L'Heureux asked about the live/work units and how those will be enforced. Mr Lauener stated it will be handled through the CC&Rs which will mirror the city's code. Commissioner L'Heureux suggested that the applicant add specific examples of what can and cannot be included for live/work so that the intent is very clear. Mr. Lauener stated that he wili take that suggestion into consideration and add the necessary specifics. Chairperson Black asked if the CC&Rs will preclude leasing the units. Ms. Werneke stated the units are meant to be owner-occupied. Commissioner Anderson commented that she is concerned with the lack of guest parking. Mr Lauener stated the CC&Rs will clearly state that the garages are to be used for vehicle parking not storage. Commissioner Anderson asked if they can enforce no resident parking on the street. Jason Geldert, Senior Engineer, stated the street parking would need to be evaluated once the project is complete. It is possible to restrict parking on the street; however it needs to be done carefully so as not to impede on parking for other businesses in the area. Chairperson Black asked if there any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 3. Jan Erik Jansson, 2501 State Street, Carlsbad, stated he is strongly opposed to the project. Steve Gibson, representing Urban Place Consulting, Roosevelt, spoke in support ofthe project. Commissioner Siekmann stated that she sees these live/work units allowing more careers taking place in the units and asked if Urban Place would be supportive in expanding the possible uses in the area with the upcoming Village Master Plan Amendment. Mr. Gibson stated yes and commented that there needs to be viable options to allow for live/work units in the Village. He further stated this type of conversation would be very important to be held during the upcoming meetings regarding the updates to the Master Plan. Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked if the applicant wished to respond to the issues raised by the speaker. Mr. Lauener commented that he did speak with Mr Jansson regarding the future plans for his property and stated they are willing to work with him in the future. Commissioner L'Heureux asked about the potential sales price for these units. He stated he is asking the question because he is having conceptual problems with having to fit the live/work idea with the reality of economics with the types of people that might populate the live/work units. Mr Lauener stated that while it is too early to set a sales price, he believes the prices will be within the $700,000 to $800,000 range. Mr. Neu commented that there a few conditions specifics to the live/work units. One deals with signage and the other is that the unit cannot be converted to a separate dwelling unit. Also, as stated previously, the Village Master Plan is pretty limiting on the types of uses that can go into the project. There is the potential when the Master Plan is updated that other uses could be allowed. Unless the Commission were to specifically restrict what the live/work space can be used for, it will be whatever the Village Master Plan allows, now or in the future. The other factor would be whatever the applicant did with the CC&Rs for the project, which they would then need to go through their own private process to amend them. The way staff has structured the conditions is to refer back to the Village Master Plan. If the Master Plan evolves and allows something different, the applicant would be allowed that flexibility, unless they choose to make it more restrictive. Chairperson Black closed public testimony and asked if there were any further questions of staff. Commissioner Segall asked about onsite parking for the project. Ms. Werneke stated the project does in fact exceed the parking standard and there are no requirements for visitor parking outside of the coastal zone and in the Village Master Plan. The project is providing three guest parking stalls in addition to an Planning Commission Minutes May 7,2014 Page 5 accessible parking stall. Commissioner Segall asked if parking is allowed along the entire project frontage on State Street. Ms. Werneke stated yes. Commissioner Segall commented that he feels a condition should be added to install a security gate at the pedestrian access point. Ms. Werneke stated it is within the Commission's purview to add that as a condition. Commissioner L'Heureux inquired about the availability of parking in the alley behind this project. Mr. Geldert stated it is a public right-of-way. Commissioner L'Heureux asked if guests could park legally in that alley, Mr Geldert stated that he believes part of the alley is marked as a fire lane. Commissioner L'Heureux asked if that area could be used for resident and visitor parking. Mr. Geldert stated that based on the width of the alley, parking would not be allowed. Commissioner L'Heureux asked if the alley will marked as a no parking area and signs placed accordingly. Mr Geldert stated that could be added as a condition on the project. Commissioner L'Heureux again asked if the entire end of the alley cul-de-sac could be striped as a no parking area if it is a public alley. Mr Geldert commented that typically staff conditions a project for that if it is the frontage of the property; if it is not on the frontage of the property, there is not a nexus to have a developer go beyond that and do work. He further stated that staff can asked the city's Traffic Engineer to review that particular site and determine if there is a need for signage and no parking. Commissioner L'Heureux commented that it is a no-brainer. DISCUSSION Commissioner Segall stated he likes the project as it is exactly what the city is trying to accomplish in the Village. It allows for diversity in housing in the Village and he feels this is what the Envision Carlsbad Committee desired for the area. He further suggested adding a condition to require a gate to the pedestrian access. Commissioner Siekmann thanked staff for the wonderful project brought forward tonight. She suggested that the Council adopt a quiet zone for the train and that she would love to see the Village Master Plan updated to allow for broader uses for live/work units. She stated she can support the project. Commissioner Siekmann stated she can support Commissioner Segall's suggested for the addition of a gate. Commissioner Anderson stated that while she likes most of the project, she feels there is a lack of parking for the project and the size of the garages for the inclusionary housing are too small. She feels the project is overbuilt for the site. Commissioner L'Heureux commented that he has some real concerns with the project. He feels that the concept of being able to live and work in the same unit has not happened to the extent that the city has hoped. He also stated his concern regarding the proposed price range. Commissioner L'Heureux commented there is a real disconnect between the concept, the implementation and this project. He also stated the project might be a little too modern for the area and it is not compatible with what currently exists in that area of the city. Commissioner L'Heureux further commented that having a secure gate into the project is a must, and he agrees with Commissioner Segall's suggestion regarding adding gate. He stated he likes the concept, however it is a lot of the execution that causes his concern. Commissioner Scully stated her concurrence with Commissioner L'Heureux. She stated her concerns with the garage sizes and she feels that the definition of "live/work" is too limited. She would rather see this entire project as mixed use instead of live/work. She stated she cannot support the project based on those reasons. Chairperson Black commented that it becomes a balancing act of weighing the positives and negatives. After taking everything into account, he still likes the project. He is not overwhelmed with the idea for the live/work units for this project but stated he can support the project. Commissioner L'Heureux asked Mr. Neu on the time frame for updating the Village Master Plan. Mr Neu stated the scope of work has a completion date of within a year Commissioner L'Heureux asked how the live/work issue will be addressed. Mr. Neu stated it is difficult to say as the input will be from the stakeholders including residents, businesses, and owners as to what should be permitted, and it will not be based solely on the opinions of staff. The uses currently allowed by the Village Master Plan do tend to focus more on the artistic fields as a opposed to generalized office use. Commissioner L'Heureux asked if Planning Commission Minutes May 7, 2014 CORRECTED Page 6 there would be a violation if, under the current language for live/work units in the Village Master Plan, an attorney had a unit in this project and had a few clientele a week visit the space. Mr. Neu replied stating currently an attorney could operate a home office but not have clients visit that office at that location. Commissioner Scully asked if this issue will be something the Commission can specifically address with both the General Plan update and the Village Master Plan Update. Mr. Neu stated the only document that provides the specific language is in the Village Master Plan. Because the contract has already been entered into, the definition of live/work will be something up for discussion and potential revision that the Commission will eventually see a recommendation on when the plan moves forward. Mr Neu stated that he does not feel there is a need for the Commission to do anything separate at this time. If there are specific issues the Commission wants to address, the Commission can add conditions to the project or make a recommendation to council. If the Commission chooses to not add conditions on the project, the project will then be subject to what is included in the Master Plan with the exception of whatever the owners are subject to in the CC&Rs. Commissioner Scully asked if an owner would have to have a business license if, for an example, he/she is an attorney and clients were visiting that location. Mr. Neu stated yes. Commissioner L'Heureux asked what happens to the project if there is a tie vote. Mr. Kemp stated it is considered a no action and the matter remains before the Commission subject to further Commission consideration. If there is a tie vote, the matter should be again considered at the next regularly scheduled Planning Commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied. Commissioner L'Heureux asked if the denial would be with or without prejudice and if it would be appealable. Mr. Kemp stated it would be handled like any other denied application. Commissioner Segall asked for clarification regarding the tie vote. Mr Kemp stated because the Commission is making a recommendation to the Council, if there is a tie vote, the item would need to be heard at one more meeting. If it is still a tie vote, the item would move forward to the Council with a recommendation for denial. Commissioner Scully asked if modifications could be made prior to the next meeting. Mr. Neu stated yes however if the modifications are substantial, the conditions of approval might have to be revised to reflect any changes. Commissioner Segall commented that he is having a difficult time understanding the concerns of his fellow Commissioners. He feels the Commission needs to define further what their concerns are. If the garage sizes meet the standards. Commissioner Segall feels that the Commission should not hold the applicant to a higher standard than anyone else. Also if the driveway is 20 feet and that meets the standards, he stated he does not know why the Commission is holding the developer to develop something larger than what is standard. Commissioner Segall commented that he understands the concern from a few Commissioners about the live/work definition, which is a unique angle, however it is apparently allowed and in the code. Some Commissioners however do not like the concept. He asked if the Commission is changing rules at the expense of someone who spent a lot of money to bring a project forward. If the applicant feels the project will pencil out, it will be developed regardless of what happened to other similar sites in the city. He is concerned about why the Commission is involved in discussions of whether or not the units can be sold or whether or not there will be occupants to move in. He does not feel that is what the Commission should be doing. He commented that the project fits with that the city is trying to do in that area and that it meets all the standards currently in place. Commissioner Segall further commented that because there are not any standards regarding architecture in the Village, it would not be fair to deny the project based on what it looks like. He wants to support the project and the work that has been done. Commissioner Segall added that if the Commission is concerned that the live/work units will not really be live/work units, the Commission can add a condition stating the work area must be used as a work area only and cannot be turned into another room. Commissioner Siekmann stated she agrees with Commissioner Segall except for the last comment. She feels that it will be someone's home, and the Commission does not know what will happen 20 years down the road. She does not support adding a condition restricting the use of the lower level of the live/work units. Commissioner Siekmann feels the Commission wants to make all the changes downtown and she wants to support the project because it allows an opportunity for residential and commercial space in the Village and she feels this project has the potential to spur more activity in the area. Planning Commission Minutes May 7,2014 Page 7 Commissioner Scully clarified that the garage sizes she and Commissioner Anderson are concerned about are for the inclusionary units. As far as the project itself. Commissioner Scully feels the issue with the live/work definition is that it is too restrictive. She feels that the vision of EC3 and with the General Plan Update is for more mixed-use units in the city. Commissioner Scully feels the project, as it is currently proposed, is too restrictive and she cannot support the project. Mr. Kemp added there is a parking ordinance regarding the alley behind State Street. The ordinance stated that parking is not allowed along the eastern edge of the alley. Parking is allowed on western edge of the alley during the day but not allowed from 10:00 p.m. to 6:00 a.m. seven days a week. Commissioner Segall asked if there is an opportunity to allow parking in the alley with a permit. Mr. Kemp commented that currently RV parking is the only thing type of parking that requires a permit. Parking is regulated by the state, and the city only does what is allowed by the State. He believes permit parking is something that could be allowed if it is passed by the council. Commissioner L'Heureux stated his concern is the current definition of live/work. He would like to see the project succeed however he feels the odds are stacked against the applicant. Commissioner L'Heureux stated that he will assume that the applicant will want to help fast track the revisions to the Village Master Plan. If the applicant wants to roll the dice, it is the applicant's choice. Commissioner L'Heureux is not concerned with the reduced garage sizes for the affordable housing units. Bringing more people into the Village trumps everything else. While the architecture is not what Commissioner L'Heureux likes, it is not a big concern to him. He feels the Commission ought to move this project along. Commissioner Segall asked Mr. Neu if there is something the Commission can do so that it is clear the Commission would like to broaden the definition of live/work and that it needs to be addressed sooner rather than later Mr. Neu stated the comments can be included in the minutes, and the comments can also be addressed in the documents that are prepared for the Council's consideration. Mr Neu pointed out that the project is in Land Use District 4 of the Village Master Plan which is an area of residential support for the Village. The current plan envisions these areas as having a mixture of residential and commercial, but emphasize that they are there to provide occupants in the Village the ability to use the services. He also noted that Land Use District 4 does allow multi-family and mixed-use as a permitted use. Live/work units are a provisional use. It is trying to provide quite a bit of flexibility but the district itself talks about the intention to be a residential support for the Village center. The master plan also has wording that states Land Use District 4 would transition into residential or other types of commercial uses that can support the Village center Commissioner Segall stated that it needs to be addressed with this project and that the Commission needs to send a strong message to the Council. Chairperson Black asked if Commissioner Segall is satisfied with Mr. Neu's statements. Commissioner Segall stated that he wants to make sure it is a stronger statement. Mr Neu stated the documents that will be prepared for the Council's review will include a discussion about the Commission's concerns about addressing the issue of the live/work unit definition. Commissioner Segall commented that "professional services" is the term the Commission desires. Chairperson Black asked if Commissioner Segall would like to add a condition regarding a gate at the pedestrian access. MOTION Commissioner Segall motioned to have a condition added to require a security gate at the pedestrian access gate. The motion passed 4-2 (Anderson, Scully). Planning Commission Minutes May 7,2014 Page 8 MOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7048 recommending approval of Tentative Tract Map CT 13-05 and Major Review Permit RP 13-15 to the City Council based on the findings and subject to the conditions contained therein. VOTE: 4-2 AYES: Chairperson Black, Commissioner L'Heureux, Commissioner Segall and Commissioner Siekmann NOES: Commissioner Anderson and Commissioner Scully ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 3. RECESS Chairperson Black called for a 10-minute recess at 7:50 p.m. MEETING CALLED TO ORDER Chairperson Black called the meeting to order at 8:00 p.m. with all Commissioners present. Chairperson Black asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. CLIMATE ACTION PLAN WORKSHOP - An overview of the Draft Climate Action Plan. The purpose of the overview is to introduce the commission to the Draft Climate Action Plan and to provide commissioners an opportunity to ask questions in preparation for the future hearing process. Mr. Neu introduced Agenda Item 4 and stated Josh Pollak, from Dyett and Bhatia, and Principal Planner Dave de Cordova would make the staff presentation. Staff gave a detailed presentation and stated they would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. The Commission had a brief discussion regarding the Climate Action Plan. Chairperson Black closed the public hearing on Agenda Item 4 and thanked Staff for their presentation. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. Planning Commission Minutes May 7,2014 Page 9 ADJOURNMENT By proper motion, the Regular Meeting ofthe Planning Commission of May 7, 2014, was adjourned at 8:34 PJP- DON NEU City Planner Bridget Desmarais Minutes Clerk