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HomeMy WebLinkAbout2015-12-16; Planning Commission; MinutesPlanning Commission Minutes December 16, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: December 16, 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 and Segall Absent: Commissioner Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Shannon Werneke, Associate Planner Greg Fisher, Associate Planner Chris Garcia, Assistant Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of November 4, 2015. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black to approve the minutes of the Regular Meeting of November 4, 2015. VOTE: 4-0-1 AYES: Chairperson Anderson, Commissioner Black, Commissioner L’Heureux, and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: Commissioner Montgomery Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of November 18, 2015. Planning Commission Minutes December 16, 2015 Page 2 MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black to approve the minutes of the Regular Meeting of November 18, 2015. VOTE: 4-0-1 AYES: Chairperson Anderson, Commissioner Black, Commissioner Montgomery, and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: Commissioner L’Heureux 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. RP 15-10 – ROOSEVELT STREET RESIDENCE – Request for recommendation of approval of a Major Review Permit to allow for the construction of a new 2,579 square foot single-family residence with attached two-car garage on a .11 acre lot located on the East side of Roosevelt Street between Laguna Drive and Beech Avenue, in Land Use District 8 of the Village Review (V-R) Zone, and in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15303 (New Construction) Class 3 Categorical Exemption. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears 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 Item 1. Chairperson Anderson asked if any member of the audience wished to address Agenda Item 1. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7136 recommending approval of Major Review Permit RP 15-10, based on the findings and subject to the conditions contained therein. VOTE: 5-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. Planning Commission Minutes December 16, 2015 Page 3 2. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 – WESTIN HOTEL AND TIMESHARE – Request for the certification of an Environmental Impact Report (EIR 15-02), including the approval of Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Public/Planned Industrial/Office (P/PI/O) to Visitor Commercial (VC) and to change zoning from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/O) to Commercial Tourist with a Qualified Development Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad Ranch Specific Plan as Planning Area 5A, and a request for approval of a subdivision map and non-residential Planned Development Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over basement parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west of The Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 8. The project is not within the appealable area of the California Coastal Commission. Commissioner L’Heureux disclosed that he has previously handled the estate of the project applicant’s consultant; however there is no conflict of interest with him participating in the agenda item. 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 about the Mitigation Monitoring and Report Program and the changes being requested by the San Luis Rey Band of Mission Indians as well as the archeology society. Mr. Westman stated that they would like to continue consultations in order to further improve and refine the language in the approving documents. Because this a recommendation of approval to the council, that process will continue. Ron Kemp, Assistant City Attorney, stated they are opposed to the project in principle. However, given the consultations and negotiations with the city, they are satisfied with the project moving forward. Mr. Kemp commented that the San Luis Rey Band of Mission Indians reserve the right to tinker with the documents. Mr. Westman stated a critical factor with this project is the foundation system. He stated the type of system for this project is a caisson foundation which has a different type of impact on the soil beneath it. Mr. Kemp stated the Commission would review that item as a mitigation measure that would lessen the impact of the construction of the hotel on the cultural resources that may be there. Chairperson Anderson asked about the possible dedication of open space. Mr. Westman explained that if the project is approved and constructed, there will be areas within the 3.6 acres, particularly the courtyard/garden area, which will have a cultural resources easement. Commissioner Black asked about the removal of the water tank and if another tank will be installed. Mr. Westman stated no other tank will be installed on the property as there is sufficient supply from other sources. Commissioner L’Heureux commented that a mitigation measure will be developed stating that a caisson foundation is the preferred method of construction. Mr. Westman explained that the caisson foundation is part of the project and there will not be any further changes. The San Luis Rey Band of Mission Indians are concerned that there may be too much information included in the documents that may reveal sacred resources on the property and they would like to see the language modified to lessen the identification of sensitive resources. Mr. Kemp stated that there is an agreement in principle with the San Luis Rey Band of Mission Indians. There are no substantive changes proposed to the project, it is simply wordsmithing. The city will be meeting with the San Luis Rey Band of Mission Indians on Monday. If there are any substantive changes, the San Luis Rey Band of Mission Indians would like to reserve that right when the project moves forward to City Council. Planning Commission Minutes December 16, 2015 Page 4 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, Hofman Planning and Engineering, 3152 Lionshead Av, Carlsbad, gave a detailed presentation and stated he would be available to answer any questions. Commissioner Black asked about the placement of the caisson foundation and what will happen if artifacts are found. Mr. Hofman stated that they are obligated by state law to immediately cease operations, identify it and mitigate it. Commissioner Montgomery asked about the changes to the existing hotel. Mr. Hofman deferred to Tim Stripe. Tim Stripe, Grand Pacific Resort, 5900 Pasteur Court, Carlsbad, explained the construction of the new hotel which will have separate lobbies, separate check-ins, and separate restaurants. Commissioner L’Heureux asked for clarification regarding the franchise agreement. Mr. Stripe stated that the franchise agreement calls for 200 Sheraton rooms and 200 Westin units. Commissioner L’Heureux asked about the number of hotel rooms in the city and the demand. Mr. Stripe stated that what exists today under the Sheraton brand is 250 rooms. They will be adding 150 rooms and Mr. Stripe stated he is confident the demand is there for that segment of property. Commissioner L’Heureux asked about the timeframe for the entire project. Mr. Stripe estimated late spring 2018 as long as the approval process goes as planned. Commissioner L’Heureux asked about cumulative impacts of traffic on Palomar Airport Road and the fact there is no mitigation required. Mr. Hofman explained that they reviewed the project at a very worst case scenario with the Caruso project being approved. Looking at this project by itself and the driving patterns of hotel guests in general, they just do not drive during peak hours. Commissioner Segall asked if the entrance from the lobby to the new entrance will be covered. Mr. Hofman stated it is outdoors now and it is not an issue. Commissioner Segall asked about the parking for the “V” shaped building. Mr. Stripe stated that most guests that use the Westin brand will look for valet parking, not self-parking. He added that for the Marbrisa Timeshare units, there will be basement parking plus 40 surface spaces. Chairperson Anderson asked about the comment regarding an underserved market for 4 star hotels. Mr. Stripe explained that currently the Sheraton runs at about 83% occupancy. They feel with the price differentiation between the brands they will obtain the same occupancy rate. Chairperson Anderson asked if that has any bearing on the Caruso project. Mr. Stripe stated no. Chairperson Anderson asked about employee parking. Mr. Stripe stated that the employees currently park in the lower lot. In the future, there will still be available parking for employees, however if issues arise in the future, there is still room for a parking garage. Chairperson Anderson asked about the additional buildings to be constructed after this. Mr. Stripe stated that this plan includes project buildout. Chairperson Anderson asked about the basement adjacent to the elevator and if it is allowed. Mr. Westman stated it is considered a basement because it is completely underground. It is not counted in the building height and is considered to be exempt. Commissioner Montgomery asked if there a physical alteration to the existing buildings to bring it to the level of Westin standards and if so will it go through the Planning Commission or if it will be done through the building permit process. Mr. Stripe stated the rooms were built to the Westin standards. There will be interior upgrades to the rooms. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 2. Chairperson Anderson commented that there are no requirements for employee parking. Mr. Westman stated that the city does not have employee parking standards for any commercial or industrial buildings. DISCUSSION Commissioner Montgomery stated that he make all the findings and believes the project meets the standards. He can support the project. Commissioner Black commented that he is concerned about the traffic, however he can support the project. Planning Commission Minutes December 16, 2015 Page 5 Commissioner L’Heureux thanked the applicant for designing the project. He stated he is also concerned with the traffic and is torn with the impacts from other potential projects. Commissioner L’Heureux stated that he can support the project. Commissioner Segall likes the campus nature of the project. He can support the project but he too has concerns with the cumulative traffic impacts. Chairperson Anderson stated she can support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7138 recommending that the City Council certify the Environmental Impact Report EIR 15- 02, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 7139, 7140, 7141, 7142, and 7143, recommending approval of General Plan Amendment GPA 14-03, Zone Change ZC 14-02, Local Coastal Program Amendment LCPA 14-03, Specific Plan Amendment SP 207(K), Carlsbad Tract Map 14-08, Non-Residential Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit 14-06 based on the findings and subject to the conditions contained therein including the errata sheet dated December 16, 2015. VOTE: 5-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 2 and called for 10 minute recess. RECESS Chairperson Anderson called for a 10 minute recess at 7:48 p.m. MEETING CALLED TO ORDER Chairperson Anderson called the meeting to order at 8:00 p.m. with all Commissioners present. Chairperson Anderson asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. RP 92-10(A)/CDP 92-08(A) – BLUEWATER GRILL – Request for a recommendation of approval of a Major Review Permit Amendment and Coastal Development Permit Amendment to add 2,049 square feet of interior restaurant space and a 1,202 square foot outdoor dining area to an existing 3,346 square foot restaurant and participation in the Parking In-Lieu Fee Program for 21 parking spaces. The 0.19-acre project site is addressed as 417 Carlsbad Village Drive, and located within Land Use District 1, Carlsbad Village Center, of the Village Review (V-R) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Chris Garcia would make the staff presentation. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Planning Commission Minutes December 16, 2015 Page 6 Chairperson Anderson asked if there were any questions of staff. Chairperson Anderson asked about any requirements for handicap parking. Mr. Garcia stated that as he understands, when a project has no onsite parking, there is not a requirement to include handicap parking onsite. Chairperson Anderson asked about North County Transit District (NCTD) taking back the lot and lengthening the trail. Mr. Garcia stated that he has not heard anything. He has talked with city officials who are overseeing the lease of that lot and NCTD is agreeable to any improvements to that lot so long as the city is as well since the city is the leaseholder. Chairperson Anderson inquired about the parking percentages and if that lot was included along with the city-owned lot. Mr. Garcia stated the parking percentages include that lot and the adjacent city-owned lot; it does not include the lot on Washington Street. Chairperson Anderson asked how many in lieu fees parking spaces were sold to the condominium project across the street. Mr. Garcia stated he believes it was approximately 20 spaces. Commissioner L’Heureux asked about the lease with NCTD. Mr. Garcia stated he does not have the exact terms of the lease, however, he believes it might be a year-to-year lease or even a perpetual lease. Commissioner L’Heureux asked if there has been any analysis done of what happens to parking if that lot is removed from the equation. Mr. Garcia stated he has not done the analysis but based on the numbers provided, it can be done. Commissioner Segall asked about the Farmers Market and that event taking away parking spots in the Village. Mr. Garcia explained that the Village and Barrio Master Plan In-Lieu Parking program takes into account all lots as far as the utilization rate, not just the lots that happen to be adjacent to this site. There will be parking available, perhaps not in those adjacent lots. The Farmers Market is a temporary impact one day each week. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. George Kelly, architect for the project, 1107 S. Windsor Blvd, Los Angeles, gave a brief presentation and stated he would be available to answer any questions. He added that they will provide 2 ADA parking spaces at the NCTD parking lot. Chairperson Anderson asked if Mr. Kelly had any concerns about the potential for the trail to be expanded. Mr. Kelly stated that if that were to happen some sort of easement would need to be granted to provide access to the lot. That would have to be addressed over a period of years. Chairperson Anderson asked if there were any questions of the applicant. Commissioner Montgomery asked about the fish tank. Mr. Kelly stated that the fish tank has been moved to the San Marcos location. Commissioner Montgomery asked about the proposed outdoor dining. Mr. Kelly stated that the concept for the remodel and expansion is that the fish market will remain and will modernized. The outdoor dining will allow the restaurant to appear larger. Commissioner Segall asked if they plan on keeping the indoor grill. Mr. Kelly stated yes but it will not be in the same configuration. Commissioner L’Heureux asked about removing the telephone poles. Mr. Kelly stated those are utility poles and it would take decades to have those removed. Commissioner L’Heureux suggested having an alternative in case the parking spaces at the NCTD are removed in the future. Commissioner Black asked about the anticipated opening. Mr. Kelly stated they are looking to open in May or June. Chairperson Anderson commented that they should be mindful of the parking issues with the Farmers Market. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony. Planning Commission Minutes December 16, 2015 Page 7 DISCUSSION Commissioner Montgomery stated he is completely in favor of the project. Commissioner Black stated that he can support the project. Commissioner L’Heureux thanked staff and the applicant and stated he can support the project. Commissioner Segall stated he can support the project. Chairperson Anderson commented that she likes the proposed outdoor dining and stated she can support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L’Heureux that the Planning Commission adopt Planning Commission Resolution No. 7135 recommending approval of Major Village Review Permit Amendment RP 92-10(A) and Coastal Development Permit Amendment CDP 92-08(A) to the City Council based on the findings and subject to the conditions contained therein. VOTE: 5-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner L’Heureux Commissioner Montgomery and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. CT 15-05/PUD 15-13 – QUARRY CREEK – PA R-3 – A request for approval of a Tentative Tract Map and Planned Development Permit for 88, two-story, multi-family airspace condominiums within Planning Area R-3 of the Quarry Creek Master Plan, located on the corner of Marron Road and El Salto Falls Street, in Local Facilities Management Zone 25. Pursuant to CEQA Guidelines Section 15168(c)(2), the project is within the scope of the previously-certified Quarry Creek Master Plan Program Environmental Impact Report (EIR 11-02). Mr. Neu introduced Agenda Item 4 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. Commissioner Montgomery asked about the public use areas and when those areas need to be completed and operational. Ms. Werneke stated that pursuant to the master plan, the community recreation area (P- 2) is required to be constructed concurrently with the development of the first residential planning area. That application has been submitted and being reviewed concurrently. Commissioner Montgomery commented that he wants to make sure the community facilities are met. Commissioner L’Heureux asked about affordable housing and what the triggers are for that. Ms. Werneke stated the Site Development Permit (SDP) for the development of the inclusionary housing project has been submitted and is under review by staff. Pursuant to the affordable housing agreement, once the SDP is approved, building permits can be released for 33% of the total market-rate units and up to 95 affordable units. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Planning Commission Minutes December 16, 2015 Page 8 Jack Robson, Cornerstone Communities, 4365 Executive Drive, San Diego, gave a brief presentation and stated he would be available to answer any questions. He stated an SDP has been submitted for the recreation facilities. Because that area is a focal point to the entrance of the project, they want to get that constructed as soon as possible. Commissioner Montgomery asked if this project is tied to P-3. Mr. Robson commented the project is tied to R-1, the affordable housing site, for building permits. This project is not tied to P-2. Commissioner L’Heureux asked if Cornerstone Communities is the master developer. Mr. Robson stated yes. They are working with Chelsea Development for the affordable housing site and with Lennar for the apartment site currently in review. Commissioner L’Heureux asked if the facilities for P-3 will be constructed incrementally. Mr. Robson stated yes and there will be a phasing plan. Mr. Neu stated that the master plan includes a table that calculates the recreation requirements by Planning Area and the phasing plan should mirror that requirement. Chairperson Anderson asked about the roofing material and colors. Mr. Robson stated there will be different colored roof tiles for the different color schemes. Commissioner L’Heureux asked about timeframe for the entire master plan to be developed. Mr. Robson said he was not sure. Chairperson Anderson asked if there were any questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony. DISCUSSION Commissioner Montgomery commented that the Kohl’s site is the poster child for poor planning in America. He stated that he likes the architecture and that he can support the project. Commissioner Black stated that he feels this project is off to a great start. He likes the architecture and he can support the project. Commissioner L’Heureux commented the applicant is doing a good job. He believes the architecture is sensitive, and he stated he can support the project Commissioner Segall stated he can support the project. Chairperson Anderson stated she can also support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7137 approving a Tentative Tract Map (CT 15-05) and Planned Development Permit (PUD 15-13) based on the findings and subject to the conditions therein. VOTE: 5-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner L’Heureux Commissioner Montgomery and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5.