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HomeMy WebLinkAbout2017-04-05; Planning Commission; MinutesPlanning Commission Minutes April 5, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: April 5, 2017 Place of Meeting: COUNCIL CHAMBER CALL TO ORDER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Montgomery led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Montgomery, Rodman and Siekmann Absent: Commissioner Goyarts STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Sarah Cluff, Senior Office Specialist Jason Goff, Senior Planner Shannon Werneke, Associate Planner Austin Silva, Associate Planner David Rick, Associate Engineer Jason Geldert, Engineering Manager Debbie Fountain, Housing and Neighborhood Services Director Craig Williams, Transportation Manager APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of March 15, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of March 15, 2017. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Commissioner Goyarts ABSTAIN: Commissioner Rodman PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Hope Nelson, 1416 Sapphire Drive, commented about supporting a building moratorium for the development in the Village and Barrio planning areas until a master plan is in place. CORRECTED Planning Commission Minutes April 5, 2017 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CDP 2016-0002 – TSOUKATOS ADDITION – Request for approval of a Coastal Development Permit to allow for the addition of 504 square feet of living area, a 21 square foot addition to the garage, and a 214 square foot view deck to an existing single-family residence on a .24 acre lot within the Mello II Segment of the city’s Coastal Zone located at 3945 Highland Drive within Local Facilities Management Zone 1. The project site is not 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 Section 15303(a), construction of a single family residence, of the state CEQA Guidelines. 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 Segall asked if any member of the audience wished to address Agenda Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7236 approving Coastal Development Permit CDP 2016-0002 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Goyarts ABSTAIN: None Chairperson Segall 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. 2. CUP 16-07 – CARLSBAD ELLERY RESERVOIR WCF – Request for approval of a Conditional Use Permit to allow for the installation, operation and maintenance of a Wireless Communications Facility (WCF) for the San Diego County Regional Communications System within a new 60-foot tall faux mono-eucalyptus tree consisting of three (3) transmitting Omni communication antennas, one (1) receive only Omni antenna, one (1) City of Carlsbad VHF Omni antenna, one (1) City of Carlsbad receive only Omni antenna, one (1) 4-foot microwave dish and one (1) City of Carlsbad (1-foot by 1-foot) SCADA (i.e., monitor and control system); and installation of a 10-foot by 24-foot prefabricated equipment shelter and a 60 KW enclosed emergency generator with 200 gallon diesel tank fuel supply located at 2237 Janis Way within Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary of Resources has found not to have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 – New Construction of Small Structures, of the State CEQA Guidelines. Planning Commission Minutes April 5, 2017 Page 3 Mr. Neu introduced Agenda Item 2 and stated Senior Planner Jason Goff would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove around the neighborhood and looked at the project site. Commissioner Black disclosed that he viewed the project site online. Commissioner Siekmann stated that she drove around the project site. Commissioner Rodman stated that she had no disclosures. Commissioner Montgomery also stated that he does not have any disclosures as he is familiar with the site. Chairperson Segall disclosed that he is also familiar with the site and does not have any further disclosures. Mr. Goff gave a presentation, added that two letters of opposition have been received via email, and stated he would be available to answer any questions. Chairperson Segall clarified that four letters of opposition were received from Julia Hardesty, Wayne Doolittle, Ann Finan and Angela Mar. Susan Willy, County of San Diego Sherriff’s Department, Suite 101, 5595 Overland Avenue, San Diego made a presentation. Chairperson Segall asked if there were any questions of the applicant. Commissioner Black asked what the decibel level is for the emergency generators. Sharrow Sanavi, Acoustical Engineer, ABC Acoustics, Suite H-150, 7660 Fay Avenue, La Jolla, stated that the decibel level at the property is about 70 while the emergency generator is running. Commissioner Anderson inquired about the height and elevation of the existing tower. Ms. Willy stated that the existing Ellery water reservoir property is 330 feet above sea level, and an additional 60 feet will be added from the mono eucalyptus tree. Commissioner Anderson asked why the structure needs to be that tall. Ms. Willy replied stating that it would much further from the coastal and downtown area. Commissioner Anderson asked if this was for coverage in Carlsbad. Ms. Willy replied yes. Commissioner Anderson asked if the noise from the neighbor’s property will be comparable to a running air conditioning unit. Ms. Willy replied stating yes, if a person is standing near the fence. Commissioner Siekmann asked what happens to the eucalyptus structure if it is no longer needed. Ms. Willy stated that the license agreement with the city has required for the County of San Diego to remove the structure unless they chose to keep it. Chairperson Segall asked if there are any current gaps in coverage from the existing location and if the project will improve coverage. Ms. Willy anticipates that there might be a slight decrease in coverage when they move from the stack to the proposed site. She added that until the structure is built, driven and operational, they won’t know if there are any specific weak areas of coverage. Chairperson Segall asked how long a generator could run with the amount of fuel provided. Ms. Willy stated that a minimum of 72 hours’ worth of fuel is provided. Commissioner Rodman inquired about the fumes emitted from the generators. Ms. Willy replied stating that the new diesel generators meet the strict emissions requirements from the California Air Pollution Control District and the exhaust from the generators are much cleaner than the ones used in the past. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item and opened public testimony. Police Chief Neil Gallucci and Fire Chief Mike Davis addressed the Commission regarding the importance of the project approval. CORRECTED Planning Commission Minutes April 5, 2017 Page 4 Dale Kubacki, 2236 Janis Way, stated his concerns with aesthetics, safety and stealth design. Amanda Mascia, 3625 Amigos Court, Oceanside, stated her concerns with the removal of the facility, overall height of the structure, sound from the generator, and routine testing. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he closed public testimony. Commissioner Siekmann asked if a spark arrestor is necessary. Ms. Willy stated yes. Commissioner Montgomery asked if regular testing of Radio Frequency (RF) signals is annual. Ms. Willy stated that testing will take place only during additions or changes, but not on a routine. Chairperson Segall asked if the project is different from cellular systems. Hymeh Urrutia stated that the 800 megahertz frequencies are similar to those used for cellular facilities and the Federal Communications Commission (FCC) guidelines that apply to cellular antennas apply to the proposal. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7235 approving CUP 16-07 for a period of 10 years, based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Goyarts ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2. Chairperson Segall asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 3. 3. CT 15-04(A)/RP 15-06(A) – THE GRAND MADISON – Request for approval of a Tentative Tract Map Amendment and Major Review Permit Amendment to modify a previously-approved four-story mixed use building to replace eight (8) professional office condominiums on the second and third floor with seven (7) additional residential condominiums. The resulting total number of residential condominiums proposed would be increased from four (4) to eleven (11). 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 3 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Black stated that he drove by the project. Commissioner Siekmann stated that she also drove by the project. Planning Commission Minutes April 5, 2017 Page 5 Commissioner Montgomery disclosed that he is familiar with the area. Chairperson Segall stated that he also visited the project. Ms. Werneke gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Michael Blumenthal, President of MB Property Acquisitions made a presentation. Chairperson Segall asked if there were any questions of the applicant. Commissioner Montgomery asked why the second story office use is proposed to be eliminated from the original approval. Mr. Blumenthal stated that he thought residential condominiums are appealing for the property and the neighborhood. Commissioner Black asked if darkening features have been considered for the glass to provide privacy. Kirk Moeller, MAA Architects, Suite 250, 2173 Salk Avenue, replied stating that there will be a tint to the glass and window coverings for night time privacy. Commissioner Montgomery asked if the applicant would be willing to setback the linear parapet significantly more than where it is, still keeping the roof decks. Mr. Moeller stated that they would not want the project to be disapproved because of something of that nature and would look into making the modification. Commissioner Anderson asked who will have use of roof decks. Mr. Moeller replied stating that the penthouse tenants located on the upper floor would have exclusive access to the roof decks. Commissioner Black asked why restaurants were not considered for the commercial retail space. Mr. Blumenthal stated because of parking and odors that come out of restaurants that are hard to control. He added that cafes would be ideal for the location. Commissioner Montgomery asked if they have considered the retail aspects of expanding to attract retail for a different feel. Mr. Blumenthal stated that it is still under consideration. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item. Chairperson Segall opened public testimony on Agenda Item 3. Gary Nessim, 2987 Highland Drive, stated his concerns with setbacks and added that office space in the village core area is needed. Ted Viola, 4858 Park Drive, shared the challenges that the original owner of the project faced during the process of multiple changes. Noel Breen, 1758 Olympia Drive, stated his concerns with parking and the community vision and added that he does not like ugly development. Robert Wilkinson, Suite I, 2911 State Street, shared his concerns with residential land use and stated that there is a need for sound town planning and that is not led by real estate speculation. Mr. Wilkinson stated his concerns with the appearance of the building, height from the parapet wall and the model of mixed use for the village as a downtown. Sheila Musser, Valley Street, stated her concerns with the building height. Michael Pruitt, 770 Camellia place, stated his concerns with the character of the village, architecture and height of the building. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he closed public testimony. Planning Commission Minutes April 5, 2017 Page 6 DISCUSSION Commissioner Siekmann stated that she would like to discuss the linear parapet and the building height limit. Commissioner Montgomery stated that if the setbacks are pushed back an additional six feet, it will disappear from view at street level. Commissioner Black stated that he would like to discuss Homeowner’s Association (HOA) or CC&Rs restrictions to the roof decks, umbrellas or flags. Mr. Neu clarified that a condition could be added to include restrictions for umbrellas on the roof deck. Commissioner Montgomery stated his personal opinion on restricting any shading structures that include additional height to the project. Chairperson Segall asked if the roof deck could be eliminated from the project. Mr. Neu clarified that the Village and Barrio master plan requires a specific amount of open space and the project proposes open space in excess of the requirement. Commissioner Anderson stated that she has a problem with the creep issue in regard to the building height limit with the addition of other roof elements blocking and taking away the appeal of the village. Commissioner Anderson stated that she would prefer to see traditional renderings, shared her concerns with parking and stated that she cannot support the project. Commissioner Black stated that he feels like he does not have a choice but to vote in favor of the project. Commissioner Siekmann stated that she can support the project. Chairperson Segall stated that he likes more traditional renderings however will reluctantly support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman that the Planning Commission adopt Planning Commission Resolution No. 7237 approving Tentative Tract Map Amendment CT 15-04(A) and Major Village Review Permit RP 15-06(A) based on the findings and subject to the conditions contained therein including setting back the footprint of the roof deck and the associated security fencing facing the Grand Avenue and Madison Street frontages an additional six feet and no additional temporary or permanent architectural features shall be allowed on the roof decks higher than 42 inches as amended. VOTE: 5-1-1 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: Commissioner Anderson ABSENT: Commissioner Goyarts ABSTAIN: None RECESS Chairperson Segall called for a 10-minute recess at 8:47 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:57 p.m. with all Commissioners present. Planning Commission Minutes April 5, 2017 Page 7 Chairperson Segall 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. SDP 15-18/CDP 16-04/MS 16-01 – PACIFIC WIND – Request for approval of a Site Development Plan to allow for the demolition of 44 residential units and the construction of a 93-unit apartment (92 affordable units) development, including development standards modifications, and a street abandonment for a portion of Harding Street near the intersection of Carol Place, in the Residential-Density Multiple Zone and within Local Facilities Management Zone 1. The City Planner has determined that this 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 is, therefore, exempt from the requirement for the preparation of environmental documents pursuant to Section 15194 (Affordable Housing) of the State CEQA Guidelines. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Austin Silva would make the staff presentation assisted by Associate Engineer David Rick and Housing and Neighborhood Services Director Debbie Fountain. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove through the property, has also visited four affordable housing projects in the neighborhood and has spoken to employees. Commissioner Black stated that he has driven through the projected property. Commissioner Siekmann stated that she has driven through the property numerous times. Commissioner Rodman disclosed that the project site is on her way home. Commissioner Montgomery disclosed that he has visited the area, and has spent some time in the neighborhood to get a feel of the development in the Barrio. Chairperson Segall disclosed that he has also driven through the property. Mr. Silva gave a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Montgomery asked about Regional Housing Need Assessment (RHNA) requirements. Ms. Fountain stated that available land at the appropriate zoning would be shown on a map as well as other programs that indicate how affordable housing is produced within the community. Commissioner Rodman asked if there is a tenant selection process for affordable housing developments. Ms. Fountain stated that residents would have to meet the income requirements and have adequate income to move in to the developments. A recertification processes is held once a year by the property owner requiring them to submit annual reports and city staff will conduct onsite inspections. Commissioner Siekmann asked what would happen to the residents living in the properties if the project is approved. Ms. Fountain stated that the owner of those properties have relocation requirements and have already met with the residents to inform them of their eligibilities giving them the right to move back in to the new complex when it is built. Commissioner Black asked about the difference between inclusionary housing and rental assistance and how they are handled. Ms. Fountain explained that Inclusionary housing is one way of developing new affordable housing within the community and the rental assistance program is a federally funded program that provides the tenant a voucher. Planning Commission Minutes April 5, 2017 Page 8 Commissioner Anderson asked if the restrictions for the property are for 30 years. Ms. Fountain clarified that the affordable housing restrictions are for 55 years. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Todd Cottle, Harding Street Neighbors LP, Suite 200, 14211 Yorba Street, Tustin, made a presentation. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Montgomery, to extend the meeting until 11:00 p.m. The Commission voted 5-1 (Commissioner Rodman) to extend the meeting. Chairperson Segall opened public testimony on Agenda Item 4. Michael Pruitt, 770 Camellia Place, stated his concerns with the height requirements, high density and traffic. Scott Jawor, 610 Anchor Way, shared his concerns with increased traffic flow on Jefferson Street and Anchor Way, overflow parking on Anchor Way from events held at Jefferson Elementary and building height. Courtney Ross-Tait, representing Carlsbad Alliance for Responsible Development, Suite 1700, 1055 West 7th Street, Los Angeles, submitted a letter to the Commission, stated that she has an obligation to share her concerns in the event of a petition for a mandate regarding the CEQA review, and shared concerns with negative impacts on parking, circulation, traffic, safety, air quality and local resources due to the significant increase in density. Cathy Guddee, 710 Anchor Way, shared her concerns with added traffic, environmental and safety issues, pollution, air and water quality created from vehicle traffic, noise, trash pollution from added pedestrian traffic and an over population of parked cars. Ross Stensrud, 842 Camellia Place, commented sharing concerns with using a San Diego based study where mass transit is more readily available than it is in Carlsbad when determining the parking requirements for the Carlsbad community. Marissa Torres, 880 Magnolia, submitted a photo to the Commission of overflow parking from Glen Ridge Apartments on Jefferson Street and shared her concerns with parking and increased traffic. Carol Johnson, 3800 Jefferson Street, stated her concerns with noise, pollution, traffic, safety and concluded that the project should be delayed until she and her husband are dead and buried. Robert Guddee, 710 Anchor Way, stated his concerns with pedestrian and vehicle traffic, potential crime, noise, pollution and concluded that projects should be integrated to the neighborhood. Julie Ajdour, 3537 Madison Street, stated her concerns with walkability, parking and pedestrian safety. John Baily, 790 Magnolia Avenue, submitted letters to the Commission, stated that the project is isolated from the community and that there is no reason to allow the street to be abandoned and it will prevent pedestrian access. Jane Cassity, 645 Anchor Way, addressed parking issues, onsite parking requirements, congestion and traffic. Dr. Fred M. Johnson, 3784 Jefferson Street, submitted a handout to the Commission and shared his concerns with privacy, the quality of life, lights, noise and pollution. He stated that he is a safety expert and that the project is a fire hazard due to the lack of ladder access on both sides of the buildings. Dr. Johnson concluded stating that the project should be reconfigured as it is unfair to the residents, addressed parking and other safety issues. Planning Commission Minutes April 5, 2017 Page 9 Lucinda Vigne, 3880 Hibiscus Circle, shared her concerns with parking, pollution and safety. Elizabeth Kahahawai, 7711 Camellia, shared her concerns with safety, parking and the quality of life. Kris Wright, 4902 Via Arequipa, who ceded her time to Patricia Amador, 3256 Lincoln Street, commented that on January 2013, the city authorized $7.4 million of financial assistance to a developer named Harding Street Neighbors Limited Partnership to acquire duplex units, 27 parcels along Harding Street and Carol Place and inquired about Harding Street Neighbors Limited Partnership as they are known by another name. She asked who decides what parcels are identified as underutilized regarding the Housing Element sites inventory and why standards are lowered for low income housing. Marianne Brenseth, 520 Anchor Way, submitted a letter to the Commission on behalf of Renee Huston, 540 Anchor Way, and shared her concerns with inadequate parking for residents and guests seeking parking spaces on surrounding streets, safety of the residents and the school children. Elizabeth Banks, 418 Chinquapin Avenue, stated that a moratorium is in place and shared her concerns with parking, density and the quality of life. Linda Breen, 2758 Olympia Drive, shared her concerns with the building height and parking. Noel Breen, 2758 Olympia Drive, asked why the project is proposed for approval without a finalized Village and Barrio master plan in terms of parking and traffic. Socorro Anderson, 3420 Don Juan, stated that she supports the project and affordable housing. Emilio Gonzales, 3725 Harding Street, stated his concerns with parking. Mario Monroy, 2955 Ocean Street, shared his concerns with traffic, parking and density. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Black, to extend the meeting until 11:25 p.m. The Commission voted 5-1 (Commissioner Rodman) to extend the meeting. Sherry Smith, 3774 Jefferson Street shared her concern with building height. The following speakers are opposed to the project: Susan Schritt, Suite D, 4014 Layang Layang Circle Amanda Mascia, 3625 Amigos Court, Oceanside Colleen Habrecht, 705 Magnolia Avenue Christopher Kevin, 300 Carlsbad Village Drive, supports the project. Chairperson Segall asked if any member of the audience wished to address Agenda Item 4. Seeing none, he closed public testimony. MOTION A motion was made by Commissioner Montgomery, which was seconded by Commissioner Black, to continue Agenda Item 4 to a date certain of April 19, 2017. The Commission voted 6-0-1 to continue Agenda item 4. MOTION A motion was made by Commissioner Montgomery, which was seconded by Commissioner Rodman, to discuss whether the Planning Commission discuss recommending to the City Council consideration of a moratorium for the Village and Barrio areas at the April 19, 2017 meeting. The Commission voted 6-0-1 to discuss the consideration of a moratorium. Planning Commission Minutes April 5, 2017 Page 10 COMMISSION COMMENTS None. CITY PLANNER COMMENTS Mr. Neu stated that a revised briefing schedule will be emailed to the Commissioners. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of April 5, 2017 was adjourned at 11:13 p.m. ~ . r)--e__y . rflv DON NEU City Planner Farah Nisan Minutes Clerk