Loading...
HomeMy WebLinkAbout2015-05-20; Planning Commission; MinutesPlanning Commission Minutes May 20, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: May 20, 2015 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Scully called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner L’Heureux led the Pledge of Allegiance. ROLL CALL Present: Chairperson Scully, Commissioners Anderson, Black, L’Heureux, Montgomery, Segall and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Jason Goff, Associate Planner Chris Garcia, Assistant Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Scully asked if there were any corrections or revisions to the minutes of the meeting of May 6, 2015. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L’Heureux to approve the minutes of the Regular Meeting of May 6, 2015. VOTE: 7-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Scully asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 3. Planning Commission Minutes May 20, 2015 Page 2 3. GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10 – COLLEGE BOULEVARD MITIGATION – Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and a request for a recommendation of approval of a General Plan Amendment, Zone Change, Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision to allow for the implementation of habitat mitigation associated with the development of College Boulevard Reach “A” on two parcels (APN 209-060-71, 72) totaling 17.44 acres (16.43 net acres) located north of the intersection of College Boulevard and Sunny Creek Road and south of the intersection of Cannon Road and College Boulevard, within Local Facilities Management Zone 15. The City Planner has determined that through the implementation of the proposed Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program, the proposed project avoids the effects or mitigates the effects to a point where clearly no significant effect on the environment would occur, and there is no substantial evidence in light of the whole record before the City that the project may have a significant effect on the environment. Mr. Neu stated that staff is requesting Agenda Item 3 be continued to a date certain of June 3, 2015. Chairperson Scully asked if any member of the audience wished to address Agenda Item 3. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L’Heureux that the Planning Commission continue Agenda Item 3 to a date certain of June 3, 2015. VOTE: 7-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, and Commissioner L’Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. CDP 14-05/AV 15-04 – TIERRA DEL ORO RESIDENCE – Request for approval of a Coastal Development Permit and Minor Variance to 1) allow for the demolition of an existing 3,056 square foot one-story single-family residence with basement and a partial demolition of an existing detached 528 square foot two-car garage with a 432 square foot guest house; 2) allow for the remodel, expansion, and attachment of the existing two-car garage and guest house to a new two-story single-family residence with basement totaling 8,845 square feet of living area along with construction of related site improvements, including a new swimming pool; and 3) allow for a reduced front yard setback from 20'-0" to 8'-9¾" and a reduced side yard setback from 7'-6" to 4'-4½" to preserve the established development footprint of the existing garage/guest house; and a reduced front yard setback from 20'-0" to 12'-6¾" for the replacement of a newly designed front entry courtyard wall with decorative wood gate and iron view fence greater than forty-two inches in height on property located at 5039 Tierra Del Oro within the Mello II segment of the City’s Coastal Zone and Local Facilities Management Zone 3. The project site is within the appealable area of the California Coastal Commission. 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), 15303(a) and 15305(a) of the state CEQA Guidelines. Planning Commission Minutes May 20, 2015 Page 3 Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would make the staff presentation. Commissioner Siekmann recused herself from the dais due to a conflict in impartiality because of living in close proximity to the project site. Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of staff. Commissioner Anderson asked if there will be any issues with emergency vehicle turnarounds with the reduced front yard setbacks and the cul-de-sac. Mr. Goff stated no. Commissioner Segall asked if the proposed project is compatible with the existing homes in the neighborhood given that the structure will be double in size. Mr. Goff stated yes. Commissioner Montgomery asked if the city has granted side-yard setback variances in this area previously. Mr. Goff stated not on Tierra Del Oro but primarily on Ocean Street. Commissioner Montgomery commented that he was a little concerned about starting a precedence in this area. Mr. Neu commented that he does not recall any variances on this street. In some cases it is related to the width of the lot. Staff was also dealing with the pre-existing construction on the street where some of the existing development did not meet today’s standards because of the age in which it was originally built. Commissioner Montgomery asked if this has been done before with side-yard setbacks and existing structures keeping the existing footprint. Mr. Neu stated yes. Commissioner Black asked about the variance for the side-yard setback. Mr. Goff stated the variance would justify its existing condition and applies to an area of the structure that is already built. Chairperson Scully asked about the construction and demolition as well as traffic impacts. Jason Geldert, Engineering Manager, stated that typically Land Development Engineering staff can limit the types of construction vehicles and trucks. He also stated queuing of construction vehicles would not be allowed on that street. Those issues are reviewed during the request for a haul route permit. Mr. Geldert further commented that this type of construction and demolition is not unusual and would last approximately 2 or 3 days. With this project, there will not be a lot of import of soils. The project will be subject to the regular times for construction, and special considerations such as queuing will be reviewed. A right-of-way permit will be required. Mr. Geldert stated that all of those issues, including impacts to the neighbors and to traffic, will be addressed during the pre-construction meeting. Chairperson Scully asked if there will be any notice given to the neighbors. Mr. Geldert stated that could be a part of the pre-construction meeting. Mr. Geldert added that the size of trucks would also be limited. If complaints are filed, those methods can be adjusted. Commissioner L’Heureux asked if the notices will include contact information so that neighbors will have a way to get a hold of someone if there are any complaints. Mr. Geldert stated that could be arranged. Commissioner L’Heureux asked if there will be traffic controls for the intersection at Tierra Del Oro and Carlsbad Boulevard. Mr. Geldert stated that that will be evaluated with the request for the haul route permit and/or during the preconstruction meeting. Commissioner L’Heureux asked if city staff will be onsite during demolition and construction. Mr. Geldert commented that there are set schedules for inspections during the various stages of demolition and construction. Commissioner L’Heureux stated that there seems to be a concern among the Commissioners that the project has the potential to cause a lot of inconvenience to the neighbors. He feels that anything the city can do to help minimize those impacts would be appreciated. Commissioner Anderson asked if there have been any foundation issues with this project site. Mr. Goff stated no. Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Matt Peterson, representing the applicant, stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of the applicant. Planning Commission Minutes May 20, 2015 Page 4 Commissioner L’Heureux suggested posting a sign with contact information. Mr. Peterson stated that will be done. Chairperson Scully asked if there were any other questions of the applicant or of staff. Seeing none, Chairperson Scully asked if there were any members of the audience who wished to speak on the item. Seeing none, she opened and closed public testimony on Agenda Item 2. DISCUSSION Commissioner Segall stated he can support the project and the minor variance. Commissioner Montgomery commented the architecture is well done, and he can support the project. Commissioner Black stated he can support the project. Commissioner L’Heureux can also support the project and the variance. Commissioner Anderson stated she can support the project. Chairperson Scully can also support the project. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L’Heureux that the Planning Commission adopt Planning Commission Resolution No. 7101 approving Coastal Development Permit CDP 14-05 and Minor Variance AV 15-04 based upon the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Scully 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 Siekmann returned to the dais. 1. CUP 15-01 – PALOMAR BREWING COMPANY – Request for a Conditional Use Permit to allow Palomar Brewing Company to operate a brewery and tasting room in an existing office/industrial building on property located at 2719 Loker Avenue West, Suite D, 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. Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Chris Garcia would make the staff presentation. Commissioner Black recused himself from the dais due to a conflict of interest. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of staff. Planning Commission Minutes May 20, 2015 Page 5 Commissioner Siekmann asked if there is any other place in the City of Carlsbad where a place that serves alcohol is next to a place that someone can buy a gun and ammunition. Mr. Garcia stated that to his knowledge, the gun shop is the only place in the city to buy guns. He commented that a Big 5 sporting goods store will be located in the shopping center across from Stagecoach Park, and that store typically sells guns and ammunition. There is an existing restaurant in that shopping center that sells alcohol. Mr. Garcia further commented that there is an ammunition store located on State Street in close proximity to several bars. Commissioner Siekmann asked if the Police Department has any concerns with this proposed project. Mr. Garcia stated that he did request a review by someone who typically reviews the ABC licenses and there are no concerns at this time. Commissioner Siekmann asked if there are any plans to sell tobacco products in the tasting room. Mr. Garcia stated that it was his understanding that tobacco sales are not proposed. Commissioner L’Heureux asked about the type of ABC license the business will need to obtain. Mr. Garcia explained that the type of license the applicant will apply for is for a small brewery which does permit consumption onsite as well as offsite sales. Commissioner L’Heureux asked about the hours of operation for the tasting room. Mr. Garcia stated hours of operation for the tasting room are not proposed to be restricted through a condition at this time. Commissioner Siekmann asked about the proposed hours of operation as listed in Attachment No. 4. Mr. Garcia stated that those are the hours the applicant is expecting the tasting room to be open. Commissioner Anderson stated her concern about the tasting room being what seems to her to be like a restaurant which would require more parking. Mr. Garcia stated that the municipal code was amended a couple of years ago to allow accessory retail uses in the Planned Industrial zone to open up the business park, and the amendment was brought forward to and approved by both the Commission and the City Council. Parking is based on the primary use, which for this project is manufacturing, and not as accessory retail which would be a higher parking rate. The applicant is complying with the parking requirements as set forth in the municipal code. Commissioner Segall asked if they would be able to be open on a holiday. Mr. Garcia stated that there are currently no restrictions on the days of the week to be open. Commissioner Segall inquired about other similar uses in the city and if there are restrictions for hours in the conditional use permits (CUP) for those businesses. Mr. Garcia stated not to his knowledge. There are two smaller breweries that do not have conditions of approval because a CUP was not required. Mr. Garcia added that he did ask the ABC if they restrict hours of operations, which they said they follow the state mandated hours. Commissioner Segall asked about food service in the tasting room. Mr. Garcia stated food service is not permitted in the tasting room. Commissioner Segall commented that some breweries in other cities set up food service right outside the brewery in the parking lot, and asked staff if that would be allowed with this project. Mr. Garcia stated he was not sure the applicant was proposing that at this time. The city does have an ordinance about parking food trucks for a limited amount of time. Chairperson Scully asked if complimentary food service is allowed. Mr. Garcia stated in his opinion, if free snacks were available, such as pretzels, it would be very minor and accessory in nature, and therefore would be acceptable. Commissioner L’Heureux asked what the difference between a deli, food service, and a restaurant. Mr. Garcia explained that because of the CUP, staff would perform the annual review of the site as well as handle any complaints that might be received. While Mr. Garcia stated he did not know the exact definition of a deli or a restaurant, a deli is generally prepackaged foods with the warming of a precooked product. Commissioner L’Heureux asked what would need to be done if the applicant wished to add food service in the future. Mr. Garcia stated the applicant would need to apply for another CUP. Commissioner L’Heureux asked if that would be a permit that is approved administratively. Jane Mobaldi, Assistant City Attorney, urged the Commission to focus on the application that is before the Commission at this time and not speculate about what the applicant could do in the future. The applicant is not proposing food service, they are not asking for any kind of food service, deli or otherwise, so the distinctions are not relevant at this point in time. Chairperson Scully asked about the functions of the other businesses in the center. Mr. Garcia stated he believes there is a mix of office, research and development, a gun retail store, a cabinet shop, and a fabric Planning Commission Minutes May 20, 2015 Page 6 warehouse. There is mix of businesses that are permitted by right with the exception of the retail shop at the gun store. Commissioner Montgomery asked if the accessory use for the tasting room is the only reason this item is before the Commission. Mr. Garcia stated yes and commented that the brewery is permitted by right. Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Ben Fairweather, 385 Nautical Drive, Carlsbad, stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of the applicant. Commissioner L’Heureux stated he is very concerned about the lack of hours of operation as conditions. He asked if the applicant would be agreeable to a condition that sets the hours of operation. Mr. Fairweather stated yes, and added that the ABC limits the hours of operation. Commissioner Montgomery clarified that the hours of operation including the staff report are for the tasting room only. Mr. Fairweather stated yes. Commissioner Siekmann asked if there are any plans to expand the license to include tobacco sales. Mr. Fairweather stated no. Commissioner Siekmann asked for the hours of operation from the ABC. Mr. Fairweather stated closing at 10 p.m. on the weekends and not opening before 3 p.m. during the week. Mr. Garcia added that he has talked with a planner from the City of Vista, and Vista restricts the hours of operation to 3 p.m. to 10 p.m. Monday through Friday, and from 11 a.m. to 10 p.m. Saturday and Sunday, and they have received very few complaints. Commissioner Anderson stated she is concerned with the conflict with the other businesses and the amount of parking. Mr. Fairweather stated that in addition to the 6 spaces they own, there are 11 excess spaces within the complex. He stated he has talked with the Gunther’s, and he is willing to pay for signs to be made and installed in the 26 spaces the Gunther’s own so there is no confusion and he would be amenable to doing that for the other businesses as well. Chairperson Scully asked if there were any other questions of the applicant or of staff. Seeing none, asked if there were any members of the audience who wished to speak on the item. Chairperson Scully opened the public testimony on Agenda Item 1. Paul Danninger, association manager for the Promontory Business Park, representing the board of directors for the business park, stated there are some concerns among the owners with the parking for this proposed project. Mr. Danninger stated that the Board would like to file a formal complaint that the parking for the CUP is woefully inadequate and not accurately represented. Commissioner Segall commented that most of the parking for this project would be during non-working hours, and asked what the experience is with the current tenants and their hours. Mr. Danninger commented that the businesses are run by small business owners who more often than not work late hours. Commissioner Segall asked what parking is like about 6 p.m. and on weekends. Mr. Danninger stated that during the week at 6 p.m., the parking is definitely thinner. The issue the association has is that they purchased the buildings with parking rights. Commissioner Segall asked if there is street parking. Mr. Danninger stated he believes parking is allowed on the street. Commissioner L’Heureux asked if Mr. Danninger is stating the hours of operation will not cure the parking issue because this tenant does not have a right to use just any open parking space. Mr. Danninger stated that was correct. He further stated that many of the other associations he works with have reciprocal parking agreements which he is in favor of. Mr. Neu added that as Mr. Garcia previously stated, the municipal code was amended in 2013, and there currently is a specific line item in the use table for breweries with an accessory use. The amendment to the code specifically called out not increasing the parking requirement so this proposed use is being parked using the rate for the primary use of the building. Mr. Neu stated the project does comply with the city Planning Commission Minutes May 20, 2015 Page 7 standard for parking. There seems to be an issue amongst the association about whether different business owners have rights to the parking lot. The parking rate that applies to this use does not require a shared parking agreement with the other uses because it meets what the code requires. In this, it is Mr. Neu’s impression that the association, if they had legal rights to tell the applicant he cannot use the other spaces could do so or otherwise prevent it. Chairperson Scully asked if there were any further questions. Seeing none, she asked if any other members of the audience wished to speak on the item. Seeing none, Chairperson Scully closed public testimony. Commissioner Segall asked for clarification regarding the CC&Rs and the 24 unallocated spots. Mr. Garcia stated that those spaces are for all 6 buildings. Mr. Garcia stated that while he was not sure if he had the latest version of the CC&Rs, but it appears that there are 24 parking spaces that have not been designated for any specific business. Ms. Mobaldi added that CC&Rs are private agreements between the owners and the city does not get involved or enforce CC&Rs. She added that what Mr. Neu stated is more pertinent which is that the project meets city standards. Commissioner Siekmann asked about Mr. Garcia’s observations regarding the parking during his recent site visits. Mr. Garcia stated that he visited the site twice: once on a Tuesday morning at 10:45 which had roughly 132 vacant parking spaces, and on May 4, 2015 at 4:40 he observed about 157 vacant spaces. DISCUSSION Commissioner Segall stated he wants to support the project but has a concern with the parking particularly if business owners have rights or purchased rights to parking. He would like to have some sort of assurance that if the project is approved people will not be parking in spaces that are not appropriate. He does not want to approve the CUP only to find out later there is a horrific parking problem. Mr. Neu stated that if there is a parking problem, the CUP could be revoked. This is not unique to this type of use, there are restaurants and commercial centers in the city that are wildly successful. The parking rate is not infallible by any means. In this case, staff was going from the standpoint of the code and the project satisfied that. There was not a need to obtain any reciprocal parking agreements, which are very tough to regulate. If the owners themselves find that the project is not compliant with the CC&Rs or it does not have the parking, they could have the ability to limit the use. The city’s only recourse if the project is approved and there are problems would be for the Commission to review the project and conditions again. Commissioner Segall asked if street parking is allowed. Mr. Neu stated that he is not sure. Commissioner Segall asked if it would be possible to require mutual parking agreements. Mr. Neu stated that that has been done in the past when it was necessary to meet a certain parking requirement. In this case, the way the amendment was set up was to allow these accessory limited retail uses without increasing the parking supply. The Commission’s decision is a recommendation to Council. Commissioner Montgomery stated he can support the project. He believes the applicant has a right to rely on what the city codes allow and the applicant has a right to spend his funds as he chooses. Commissioner Montgomery stated he does not like the idea of pulling the rug out from under the applicant when he is relying completely on requirements in the code. Generally speaking, it appears that the hours of operation will work out with plenty of parking available. He stated he can support the project and he supports the applicant. Commissioner Siekmann stated her concurrence with Commissioner Montgomery. She commented that the applicant has done everything that he was supposed to do and followed everything he was supposed to follow. She believes there are enough policies in place to ensure regulations are followed. Commissioner Siekmann stated she can support the project. Commissioner L’Heureux commented that he has a problem with no conditions of hours of operation being included in the approving resolution. He feels that will cause too many problems in the future. Commissioner L’Heureux thinks including operating hours will only benefit the applicant. He stated he cannot support the project without the hours of operation being included as a condition. Planning Commission Minutes May 20, 2015 Page 8 Commissioner Anderson stated she too is reluctant to support the project without restrictions on hours of operation and without shared parking agreements in place. Chairperson Scully commented she is in support of the brewery but cannot support the tasting room and its proximity to the gun store. Chairperson Scully also stated that she feels that the use is not compatible. Commissioner Segall asked if operating hours can be included as a condition. Mr. Neu stated yes. He can support the project and he can support a condition for hours. He further added that he hopes the applicant can work a mutual parking agreement with the other owners. Commissioner Segall commented that most of the parking in the evening hours will be available. Ms. Mobaldi asked Commissioner Segall if he wanted to make a motion for the operating hours to mirror the hours given by the ABC which is 3 p.m. to 10 p.m. weekdays, and 11 a.m. to 10 p.m. on weekends. The applicant stated he has no issues with the hours and is agreeable to opening at 4 p.m. on weekdays. Commissioner Anderson commented that without knowing the neighbors are willing to share the parking the Commission is assuming there will be shared parking. It is her opinion that without the shared parking agreement there will not be enough parking. Chairperson Scully redirected the Commission as the focus is on the hours of operation for the project because the project meets the parking requirements. Ms. Mobaldi stated that the Commission cannot mandate or force a shared parking agreement. The Commission is adjusting the operating hours in part to help ease concerns regarding parking. If there are parking issues in the future, the project can come before the Commission for review. A motion was made by Commissioner Siekmann which was duly second by Commissioner Montgomery to include the allowed hours of operation as Wednesdays 4 pm – 8 pm, Thursdays 4 pm – 9 pm, Fridays 4 pm – 10 pm, Saturdays 11 am – 10 pm, and Sundays 11 am – 10 pm. The tasting room shall be closed on Mondays and Tuesdays. MOTION ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Montgomery that the Planning Commission adopt Planning Commission Resolution No. 7100 recommending approval of CUP 15-01, based upon the findings and subject to the conditions contained therein including the condition to include operating hours. VOTE: 4-2 AYES: Commissioner L’Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: Chairperson Scully and Commissioner Anderson ABSENT: Commissioner Black ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 1, and thanked staff for their presentations. COMMISSION COMMENTS None CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. Planning Commission Minutes May 20, 2015 Page 9 ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 20, 2015 was adjourned at 7:37 p.m. ~~ DON NEU City Planner Bridget Desmarais Minutes Clerk