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HomeMy WebLinkAbout2014-06-18; Planning Commission; Minutes Planning Commission Minutes June 18, 2014 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: June 18, 2014 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Commissioner L’Heureux called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Segall led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, L’Heureux, Segall, and Siekmann Absent: Chairperson Black and Commissioner Scully STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Barbara Kennedy, Associate Planner Christer Westman, Senior Planner Austin Silva, Assistant Planner Jason Geldert, Senior Engineer Sabrina Michelson, Senior Office Specialist Bridget Desmarais, Administrative Secretary PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Commissioner L’Heureux asked if there were any corrections or revisions to the minutes of the meeting from June 4, 2014. MOTION ACTION: Motion by Commissioner Anderson and duly seconded, to approve the minutes of the Regular Meeting of June 4, 2014. VOTE: 3-0-1 AYES: Commissioner Anderson, Commissioner Segall, and Commissioner Siekmann NOES: None ABSENT: Chairperson Black and Commissioner Scully ABSTAIN: Commissioner L’Heureux PLANNING COMMISSION PUBLIC HEARING Commissioner L’Heureux asked Mr. Neu to introduce the first item and opened the public hearing. Planning Commission Minutes June 18, 2014 Page 2 1. PCD 14-01 – CARLSBAD SEAWATER DESALINATION PLANT – Request for approval of a Planning Commission Determination to modify a condition of approval for the Carlsbad Seawater Desalination Plant located on the Encina Power Station Property at 4600 Carlsbad Boulevard. The City Planner has determined that the request is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). 2. CUP 14-02 – MIRA COSTA COLLEGE TECH INSTITUTE – Request for a Conditional Use Permit to allow Mira Costa College to operate the Mira Costa College Tech Institute in a vacant 22,410 square foot building on property located at 2075 Las Palmas Drive, 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, “Leasing of Existing Facilities,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu stated Items No. 1 and 2 are normally heard in a public hearing context; however, they appear to be minor and routine in nature with no outstanding issues and staff is recommending approval. He recommended the public hearing be opened and closed, and that the Commission proceed with a vote as consent items. 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. Commissioner L’Heureux asked if any member of the Commission wished to discuss Agenda Items 1 or 2. Commissioner Segall and L’Heureux disclosed personal connections to Mira Costa College with both stating those connections would not conflict with their ability to vote on this project as they were unrelated to this item. Commissioner L’Heureux asked if any member of the audience wished to address Agenda Items 1 or 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Segall, that the Planning Commission approve Agenda Items 1 and 2. VOTE: 4-0 AYES: Commissioner L’Heureux, Commissioner Anderson, Commissioner Segall, and Commissioner Siekmann NOES: None ABSENT: Chairperson Black and Commissioner Scully ABSTAIN: None Commissioner L’Heureux 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. MP 12-01(B) – VILLAGE MASTER PLAN CHANGES – A request to recommend approval of an applicant-proposed amendment to the Village Master Plan and Design Manual. The amendment is proposed to allow wineries as a provisional use within Districts 5 and 6 of the Master Plan and to add special provisional use standards for wineries to the plan. The City Planner has determined that the proposed amendments do not have a significant impact on the environment pursuant to Carlsbad Municipal Code Section 19.04.070 A.c.(1), which states “minor zone or municipal code amendments that do not involve physical modifications, lead to physical improvements beyond those typically exempt, or which refine or clarify existing land use standards” are specific actions considered not to have a significant effect on the environment. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Austin Silva would make the Staff presentation. Planning Commission Minutes June 18, 2014 Page 3 Mr. Silva noted there is an errata sheet for this item, gave a detailed presentation and stated he would be available to answer any questions. Commissioner L’Heureux asked if there were any questions of Staff. Commissioner Segall requested clarification of the errata. Mr. Silva explained that District 6 currently allows wine retail sales and tasting as a provisional use, but not production. District 5 currently allows wine retail sales and tasting by right. Commissioner Segall asked for the definition of wine tasting versus wine drinking. Mr. Silva explained that it is a matter of sample size and it is regulated by an ABC license. Commissioner Segall also wanted clarification on the location of fermentation tanks. Mr. Silva stated that the type of wine being produced would dictate whether a fermentation tank would be located inside or outside the building. Commissioner Siekmann requested information related to any odors, noise and for information related to the time of year and length of time production takes. Mr. Silva explained the applicant would be best suited to answer those questions. Commissioner Siekmann asked if there are noise limitations that are similar to residential limitations. Mr. Silva stated there is an entertainment ordinance, but he did not think that would apply to a production facility, particularly as they would be operating during daytime hours and that ordinance applies after 10:00 p.m. Commissioner Siekmann was also interested in the height limit of the fermentation tanks. Mr. Silva stated they would be subject to the same height restrictions as any other structure in that district. Commissioner Anderson asked Mr. Silva if he knew how noisy the machines are that are crushing the grapes. Mr. Silva stated he did not. Commissioner Anderson asked if Mr. Silva knew if a property on Roosevelt with barrels in the yard is actively producing wine right now. Mr. Silva stated that, if it is the property he thinks she is referencing, it is a wine retail sales operation and those barrels are likely empty, but the applicant could confirm that. Commissioner Anderson asked for confirmation that the barrels would be screened from view and with what type of materials. Mr. Silva explained screening would be imposed on a case-by-case basis and could be included as a condition of approval. Commissioner Anderson asked for clarification of the imposition of “village character” upon the frontage of buildings. Mr. Silva explained it had more to do with any renovations and ensuring they would be compatible with the surrounding area. Commissioner Segall asked if the reason this is being examined as an allowable use is because there already are a number of more industrial type usages in District 6 that are much noisier than what the applicant is proposing. Mr. Silva confirmed this and stated where the applicant is located at now was formerly an auto repair shop with both noise and visual blight. Commissioner L’Heureux asked if there were any further questions of Staff; seeing none, asked if the applicant wished to come forward to address the commission. Adam Carruth, 3359 Tyler Street, Carlsbad, came forward and stated he would be happy to answer any questions and gave a brief presentation addressing the concerns expressed by the commissioners during their discussion. Commissioner Siekmann asked Mr. Carruth to confirm the odor is generally coming from the stems. Mr. Carruth explained that any off odor would be the stems, they are picked up within 24 hours, and he has never received any complaints from neighbors in his Solana Beach location. Commissioner Siekmann also wanted confirmation that one of the stainless steel tanks would be outside the building. Mr. Carruth confirmed that is their request. Commissioner Segall requested confirmation wine would be fermented in the stainless steel tank outside the building. Mr. Carruth explained that white wine would ferment in the tank and the red wine open ferments inside. Mr. Carruth stated there is very little odor produced by either method and in his Solana Beach location they have installed a carbon filter on their HVAC system as part of the approval there. Commissioner Anderson wanted confirmation that there would be approximately 10 days of odor per pressing and there are six to eight pressings per year. Mr. Carruth stated the pressings overlap from approximately September 1st through Halloween and vary due to Mother Nature and when the grapes are ripe. Mr. Carruth stated that the location they are currently in is surrounded by other like uses and very Planning Commission Minutes June 18, 2014 Page 4 little residential. Commissioner Anderson expressed concern with parking for their customers as the lots are very narrow and not close to the public parking areas. Mr. Carruth stated that they will provide the required amount of parking space, but as a resident of the area himself, he often walks to his destinations. Commissioner Anderson also mentioned the aesthetics of a stainless steel tank and Mr. Carruth stated he would be open to some sort of screening. Commissioner Siekmann wanted confirmation there is public parking by Fish House Vera Cruz and asked what carbon filters cost. Mr. Carruth confirmed there is public parking there, but did not consider it very close to his winery and estimated the cost of the filters at $30-35 each. Ashley Westman of Urban Place Consulting, 3138 Roosevelt Street, Suite H, supports these types of uses in Districts 5 & 6. Commissioner Segall asked Ms. Westman if the changes to the Village Master Plan would ultimately include breweries in Districts 5 & 6. Ms. Westman stated that with the new consulting firm coming in would in all likelihood address these issues during their studies and outreach. Susan Marie Smith, 3320 Roosevelt Street, Carlsbad, expressed her concern with potentially more traffic, including the delivery trucks, forklifts that will be necessary for the business. Ms. Smith felt that the neighborhood does not need more businesses, especially those serving alcohol, and that these types of uses should remain restricted to Districts 1-3. Ms. Smith believes there will be an increase parking problems, noise, odors, and trash over what they are already dealing with in the area. Theresa J. Childs, 3331 Madison Street, Carlsbad, feels there is another building on State Street for lease that would be much better suited for a winery. Overall Ms. Childs does not support any of the processing activities taking place outside. She feels District 5 should remain primarily residential and not allow any industrial businesses and felt these types of uses were more appropriate for District 6. Virginia H. Martinez, 3367 Madison Street, Carlsbad, believes the odor will be much worse than what is being reported. She feels these uses are more appropriate for Districts 1-3 and her neighborhood should continue to remain mostly residential. She does not believe there would be a good way to screen a stainless steel tank outside and would worsen the parking and traffic problems already created by Lola’s market. Socorro Anderson, 3420 Don Juan, Carlsbad, is very familiar with the area and is concerned with any increased traffic around the senior apartments on Tyler Street. Ms. Anderson feels traffic is bad enough due to all of the auto repair shops and their test driving vehicles through the neighborhood. She believes the fermentation process will produce much more odor than the applicant stated and these types of businesses should remain in Districts 1-3. Javier Ureta, 3280 & 3293 Roosevelt Street, Carlsbad, resident and business owner. Mr. Ureta states that out of respect for the neighborhood he does not do any painting or repairing of automobiles at his business location on Roosevelt Street. He believes the main traffic issue in the neighborhood is just because of the growth in the area and does not believe this will create any major issues and supports the project. Mr. Carruth responded to the neighborhood concerns with respect to traffic and stated that he understands there are already plans for traffic calming measures in the area. He also addressed the issue of odors during processing by stating his other location is in a mixed-use neighborhood and the only complaint they had was with respect to the trash can over four years ago and was solved by ensuring the stems not sit for more than 24 hours. He believes his business is more of a boutique operation rather than industrial in part because the fermentation process is only occurring about six weeks out of the year. Mr. Carruth stated he believes his type of business represents a positive trend for the neighborhood by moving away from the more industrial type uses. Commissioner L’Heureux closed public testimony and reminded the audience that they are not approving Mr. Carruth’s project at this time, but rather considering amending the master plan to allow wineries in Districts 5 & 6. DISCUSSION Planning Commission Minutes June 18, 2014 Page 5 Commissioner Segall wanted confirmation that there is an appeal process for any administrative approvals for wineries in the future. Assistant City Attorney, Jane Mobaldi, confirmed it could be appealed first to the Planning Commission and, if the appellant was dissatisfied with that decision, it could then be appealed to City Council. Commissioner Segall wanted to know if we checked with other cities to see what issues there may be with these types of uses before we approve a winery. Mr. Silva stated that he did check with the city of Solana Beach and found there were no complaints with his business other than the one Mr. Carruth had discussed earlier concerning the odor. Mr. Silva also contacted the city of Encinitas concerning Solterra winery and they, too, reported no issues. Commissioner Segall was also curious as to whether issues of odor and traffic and their mitigation would be part of the approval process. Mr. Neu stated all factors of compatibility would be looked into when considering a use permit and suggested the commission look over the attachment and see if there were some criteria they would like to add to that list as consideration in the approval process. Commissioner Segall requested information with respect to Peder Norby’s role for the city. Mr. Neu stated he will be assisting in some of the outreach activities in updating the Village Master Plan, but that the reason that this amendment is being considered now is that an amendment application was submitted by Mr. Carruth. The Village Master Plan update is expected to be completed by March of 2015. Commissioner Segall asked what would happen if this amendment were approved, a winery located in District 5 or 6, and the updated master plan did not allow the use. Mr. Neu stated as an existing business they would be allowed to continue to operate as a legal nonconforming use, but no new wineries would be allowed. Commissioner Siekmann believes that sometimes it’s a good idea to allow one as an example to give you an idea of what you would like to allow more of or none in the future for a given area. Commissioner Anderson has concerns about the outside tanks, noise, and odor as we don’t have the experience with wineries and believes District 6 is much more conducive to manufacturing than District 5 and it should be postponed until further evaluation. Commissioner L’Heureux suggested focusing on Attachment 2 of the Staff Report stating where wineries should be located and perhaps adding language concerning odors and how to control them. Commissioner Siekmann agrees and thinks requiring refuse to be collected within 24 hours should also be added. Commissioner L’Heureux also suggests limiting outside tanks in residential areas. Commissioner Anderson stated there seems to be a great deal of contradiction in the way the amendment is worded. Mr. Neu stated that there is a great deal of subjectivity so that individual permits can be considered along with any other controls and characteristics of the operation. Mr. Silva pointed out that we do have a comparison in Witch Creek Winery on Carlsbad Boulevard, directly across the street from a retirement community, and there have been no complaints in the seven years he worked in the village. Commissioner L’Heureux suggested approving but having staff redraft Attachment 2 to include additional criteria. Commissioner Segall wanted to know if there is a smell-o-meter to measure odor in the same way a decibel meter measures sound. Mr. Neu stated they would have to do further research and consult with air quality or pollution experts as he was not aware of such a device. Commissioner Segall suggested adding the carbon filters to the criteria unless staff finds there is a better system of testing odors and mitigating them and definitely by not allowing stems to sit out longer than 24 hours. He cannot support categorically denying all outside tanks. Commissioner Siekmann agreed with Commissioner Segall. Commissioner Anderson is not comfortable with approving the amendment tonight and would prefer to have more information.