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HomeMy WebLinkAbout2015-10-07; Planning Commission; MinutesPlanning Commission Minutes October 7, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: October 7, 2015 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson Anderson, Commissioners Black, L’Heureux, Montgomery Absent: Commissioners Segall and Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Shannon Werneke, Associate Planner Jason Geldert, Engineering Manager Glen Van Peski, Community and Economic Development Director PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Anderson asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CT 15-04/RP 15-06 – THE GRAND MADISON – Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to allow for 1) the demolition of a medical office building; 2) the construction of a 21,158 square foot, four-story mixed- use building consisting of 4,600 square feet of retail/commercial area, 8 office condominium units, 4 residential condominium units, and an enclosed at-grade parking garage and 3) the purchase of 19 parking in-lieu parking fees. The 0.32-acre project site is addressed as 725 Grand Avenue, and located within Land Use District 1, Carlsbad Village Center, of the Village Review (VR) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. CORRECTED Planning Commission Minutes October 7, 2015 Page 2 Commissioner L’Heureux asked about shallow retail. Ms. Werneke stated the Village Master Plan does not establish a minimum depth for retail. She commented that the proposed depth is perceived by some to be too shallow to create a viable business. Commissioner Montgomery asked if staff or the applicant had made any proposals to include parking onsite. Ms. Werneke stated it was an on-going discussion during the review of the project. Commissioner Black asked about the residential parking stalls, the parking lifts and if those spaces will have garage doors. Ms. Werneke stated that each stall will have its own gate. Commissioner Black stated his concern with the overall safety of the lifts as well as the potential traffic hazards with backing vehicles out into the alley. Ms. Werneke stated engineering did review the project for traffic circulation and deferred the question to Jason Geldert, Engineering Manager. Mr. Geldert stated there will be enough room to back a car out of the parking stall. In a worst case scenario, a car could be parked to the side of the alley which would still allow a car to safely exit the garage. Chairperson Anderson asked about the planter box located on the corner of Grand and Madison. Ms. Werneke deferred the question to the applicant. Chairperson Anderson stated her concern with the parking lifts as she does not believe those should be counted as a parking space. She commented that those lifts seem to be used more for collector cars and not used on a daily basis. Chairperson Anderson also stated she is concerned with parking in areas surrounding the project and the purchase of the offsite parking spaces. Chairperson Anderson stated that she drove through the city at 4:15 p.m. today and found the Village parking lots were completely full with cars circling looking for spaces. The only lot with spaces was the one by the station for transit passengers. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Ed McArdle, the architect for the project, addressed the issues raised by the Commission. He stated that regarding the parking, they did look into constructing a two way ramp; however parking spaces were actually lost with that proposal. He commented that building an underground parking structure presents a cost issue. Mr. AcArdle stated that the idea of parking lifts is one that is used all over the country. Regarding the alley, Mr. McArdle stated the building will actually increase the width of the alley and therefore it should not be any issues with cars existing the garages. The planter box located at the corner is rectangular with a seat facing towards the building and to create a gathering spot. Mr. McArdle further commented that the retail depth will create enough space for food service. He added that regarding offsite parking, realistically a parking structure needs to be constructed to help development in the Village. Chairperson Anderson commented that she does not believe the $11,000 per parking space would buy enough parking spaces in the Village. stated her concerns regarding the $11,000 in lieu fee due to the fact that the incentives currently being given are causing rapid rise in the price of real estate in the Village. Commissioner Montgomery asked about other parking options. Mr. McArdle stated that other options would sacrifice what they are trying to achieve with the retail. Commissioner Montgomery further asked if offsite parking creates a viable project. Mr. McArdle stated there will be seven parking spaces adjacent to the building. Commissioner L’Heureux asked about the parking lifts and if he has any experience with them in any similar projects. He commented that he is concerned about any power failures. Mr. McArdle stated the project will be constructed with emergency power capabilities. Commissioner L’Heureux asked who will be responsible for the repair and maintenance of the lifts. Mr. McArdle stated maintenance of the lifts will be the responsibility of the HOA. Commissioner L’Heureux asked about the garage doors. Mr. McArdle stated the doors will mesh doors. Chairperson Anderson asked if there were any questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Mr. Neu spoke of the in-lieu parking fee. Chairperson Anderson asked who determines the usage percentages. Mr. Neu stated the City Council sets the occupancy percentage. Chairperson Anderson opened the public testimony on Agenda Item 1. CORRECTED Planning Commission Minutes October 7, 2015 Page 3 Gary Nessim, 500 Grand Avenue, Carlsbad suggested removing 9 of the parking spaces to increase the depth of the ground floor retail space, and stated that there should be shared parking with this site. Mr. Nessim stated that the in-lieu fees that have been collected should be used to pay for the construction of a parking garage. Mr. Nessim added that removing the nine parking spaces would create a deeper retail space which would allow for a nicer restaurant or retail space. He stated he believes that 37 feet, as proposed by the applicant, is too shallow for a successful restaurant. Mr. Nessim stated that the retail depth should be 50 feet. Robert Wilkinson, 2911 State Street #1, Carlsbad, spoke in opposition of the project. He commented that the city has always identified the Village as a special area. Mr. Wilkinson added that the architecture falls short of compelling visitors to the building and that the project does not provide for an active storefront. Amy McNamara, a broker with Colliers International, stated that while she understands everyone’s concerns, Carlsbad Village commands the retail and office space but there is very little new product. Commissioner L’Heureux asked about shallow retail. Ms. McNamara stated businesses want frontage, not depth of space. Commissioner Black asked about the occupancy rate in the village. Ms. McNamara stated that very little space is available, with 2900 square feet currently being the largest space available. Commissioner Black asked if any consideration was given to reversing the office and restaurant spaces. Ms. McNamara stated yes but it is not a battle they want to see they will have to see. Chairperson Anderson asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony on Agenda Item 1 and asked if staff wished to address any of the comments made during public testimony. Ms. Werneke commented that the applicant does not want to give up any parking spaces. Staff is happy with the architecture. Chairperson Anderson asked if the applicant wished to respond to the comments raised during public testimony. Mr. McArdle stated increasing the retail depth is a good idea but not feasible. He added that in looking at the site plan, they have proposed above what most would. DISCUSSION Commissioner Montgomery commented there is a parking issue in the Village. Being a commercial site, any project that builds at this location, will need to provide parking offsite. He is more in favor of a good project that provides quality and mixed use than standing firm on parking alone. Commissioner Montgomery stated he can support the project with a few modifications. He does not believe the lifts will work, and suggested that the project provide 8 onsite parking for the residents and allow the applicant to purchase 4 more parking in lieu fees for a total of 23. Commissioner Black stated his only concern with the project is the parking lifts. He is, however, in favor of the project. Commissioner Black stated that he would like to see a condition added regarding a sign warning traffic that cars may be exiting the garages. Commissioner L’Heureux agreed that the parking lifts are different. He stated he is concerned with the architecture given that the building is on a very prominent corner in the village. Commissioner L’Heureux commented that the architecture is a radical departure from the existing building and he feels it could set a very negative precedence. He stated he is also concerned with the parking. He stated he cannot support the project. Chairperson Anderson stated she has the same concerns as her fellow commissioners. She is not in favor of the parking lifts, is not in favor of the architecture, and is concerned with the offsite parking. She stated she has concerns about the architecture but feels that it meets the standards. Chairperson Anderson stated she can support the project provided the parking lifts are removed. CORRECTED Planning Commission Minutes October 7, 2015 Page 4 MOTION A motion was made by Commissioner Montgomery, and seconded by Commissioner Black that the parking lifts not be counted toward the onsite parking and the applicant is to submit a drawing showing the removal of those space and indicating a requirement to pay in-lieu parking fees for 23 spaces. VOTE The Commission voted 3-1 (L’Heureux) to approve the modifications. MOTION ACTION: Motion by Commissioner Black and duly seconded by Commissioner Montgomery the Planning Commission adopt Planning Commission Resolution No. 7125 recommending approval of Tentative Tract Map CT 15-04 and Major Village Review Permit RP 15-06 to the City Council based on the findings and subject to the conditions contained therein including a sign if recommended by traffic Engineering that warns pedestrians and cars that vehicles may be backing out. VOTE: 3-1 AYES: Chairperson Anderson, Commissioner Black, and Commissioner Montgomery NOES: Commissioner L’Heureux ABSENT: Commissioner Segall, and Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 1. RECESS Chairperson Anderson called for a 5 minute recess at 7:35 p.m. MEETING CALLED TO ORDER Chairperson Anderson called the meeting to order at 7:43 p.m. with all Commissioners present. Chairperson Anderson asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. R CT 15-08/PUD 15-16/SDP 03-02(A)/CUP 03-01(A)/CDP 03-04(A) – CARLSBAD RANCH PLANNING AREA 5 – Request for a determination that the project is within the scope of a previously adopted Mitigated Negative Declaration and a request for approval of revisions to a previously approved site plan and architectural elevations for up to 350 timeshare units and 350 hotel rooms within four-level buildings of 45 feet in height, with reception lobbies, onsite restaurants, recreation areas, and onsite parking reduced by 10.3% for common parking on 53 acres located north of Palomar Airport Road, south of Cannon Road, east of Legoland Drive and West of The Crossings Golf Course within the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 13. The project is not located within the appealable area of the California Coastal Commission. Commissioner L’Heureux disclosed that he has no disqualifying conflict of interest from handling the trust of Mr. Hoffman’s late mother. Mr. Kemp added Commissioner L’Heureux has been advised under the laws and regulations of the Fair Political Practice Commission that if a source of income to him was more than $500 and if that source of income has a matter before him that will result in a net measureable financial benefit or loss as a result of his approval or disapproval of the matter, then Commissioner L’Heureux should recuse himself. Chairperson Anderson commented that Mr. Hofman is a representative of the applicant. Mr. Kemp stated that was correct and added that the test would be that if Mr. Hofman was the source of income for Commissioner L’Heureux, which he is not, and Mr. Hofman had a net financial loss or gain as a result of the action that Commissioner L’Heureux would take tonight, then Commissioner L’Heureux should recuse himself. Planning Commission Minutes October 7, 2015 Page 5 Mr. Neu introduced Agenda Item 2 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Chairperson Anderson asked if any 4 story buildings have been constructed. Mr. Westman stated no. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, 3156 Lionshead Ave, Carlsbad, stated he would be available to answer questions. Commissioner Montgomery asked about the water tank. Mr. Hofman stated that was not part of this proposal. Commissioner Montgomery asked about the relocated restaurant. Mr. Hofman stated that ever since the project was approved Grand Pacific Resorts has been looking for a restaurant; however the resort has not received the interest as they had anticipated. Tim Stripe, Grand Pacific Resorts, added that 50% of the guests at the 20/20 restaurant are not hotel guests. Chairperson Anderson asked about the occupancy rate at the hotel. Mr. Stripe stated it is at excess of 80%. Chairperson Anderson asked if there 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. Seeing none, Vice Chairperson Anderson opened and closed public testimony on Agenda Item 2. DISCUSSION Commissioner Montgomery stated he can support the project. Commissioner Black stated he too can support the project. Commissioner L’Heureux stated he can also support the project. Chairperson Anderson stated she can support the project. MOTION ACTION: Motion by Commissioner L’Heureux and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7124 recommending approval of a Tentative Tract Map CT 15-08, Planned Development Permit PUD 15-16, Site Development Plan amendment SDP 03-02(A), Conditional Use Permit amendment CUP 03-01(A), and Coastal Development Permit amendment CDP 03-04(A) based on the findings and subject to the conditions contained therein. VOTE: 4-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner L’Heureux and Commissioner Montgomery NOES: None ABSENT: Commissioner Segall and Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 2 and thanked staff for their presentations. Planning Commission Minutes October 7, 2015 Page 6 COMMISSION COMMENTS Commissioner L'Heureux thanked Mr. Neu for the documents showing the revisions to the General Plan adopted by the City Council. CITY PLANNER COMMENTS Mr. Neu commented that at the Sept 22, 2015 City Council Meeting, the Council approved the General Plan and Climate Action Plan, and the final versions will be distributed to the Commission as soon as they are available. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of October 7, 2015 was adjourned at [m~ DON NEU City Planner Bridget Desmarais Minutes Clerk