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HomeMy WebLinkAbout2019-03-20; Planning Commission; MinutesPLANNIN r ':OMMISSION ~y Council Chamber Wednesday, March 20, 2019 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: Chair Luna called the Regular Meeting to order at 6:00 ROLL CALL: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, Merz, and Stine STAFF PRESENT: PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: Assistant City Attorney Kemp, City Planner Neu, Assistant Planner Sexton, Associate Planner Garcia, Principal Planner de Cordova, Senior Program Manager Grim, Economic Development Manager Marcella, Engineering Manager Geldert, Associate Engineer Horodyski, and Administrative Secretary Flores. Commissioner Lafferty led the Pledge of Allegiance Minutes of the Regular Meeting held January 16, 2019, were approved, 5-0-2 (Commissioners Lafferty and Stine Abstained). Chair Luna directed everyone's attention to the slide on the screen to review the procedures the Commission would be following for that evening's public hearing . . PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: Lonnie Smith, Carlsbad CA 92010 stated the village H trail should be kept out of the trails master plan and allowed to be kept as an off-leash area for dogs. CONSENT CALENDAR: City Planner 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 is recommending approval. He recommended the public hearing be opened and closed, and that the Planning Commission proceed with a vote as a consent item. If the Planning Commission or any members of the public wish to pull the item, staff would be available to respond to any questions. Chair Luna asked if any members of the Planning Commission wished to pull the item listed. Commissioner Anderson asked if a discussion about the letter from the public regarding the roof deck would be appropriate. City Planner Neu stated the letter would be noted for the record however the letter did not include anything within our purview to change the project design in any way. Chair Luna opened and closed public testimony on item 1. Planning Commission Minutes March 20, 2019 Page 2 1. CDP 2018-0038 (DEV2018-0103) -ALLANSON-SELVIDGE CARLSBAD RESIDENCE -Request for approval of a Coastal Development Permit (CDP) to allow for the demolition of an existing single- family residence and the construction of a 3,381-square-foot, two-story single-family residence with an attached two-car garage along with 771-square-feet of second-floor decks and a 564-square-foot roof deck within the Mello II Segment of the city's Local Coastal Program located at 5170 Carlsbad Boulevard within Local Facilities Management Zone 3. 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. MOTION: ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Stine to Adopt Planning Commission Resolution No. 7323 APPROVING Coastal Development Permit CDP 2018-0038, based upon the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, Merz, and Stine NOES: None Chair Luna closed the public hea ring on Agenda Item 1. Chair Luna opened the public hearing on Agenda Item 2. 2. SDP 2018-0004 (DEV2017-0151)-ROMERIA POINTE APARTMENTS-Request for approval of a Site Development Plan to construct a four-story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street within Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. City Planner Neu introduced Agenda Item 2 and stated Associate Planner Garcia would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Stine stated he visited the site. Commissioner Geidner stated she visited the site several times including in the evening. Commissioner Meenes stated he visited the site and drove around the neighborhood. Commissioner Anderson stated she drove by the site. Commissioner Merz stated he drove by the site both early in the morning and afterhours in the evening. Planning Commission Minuh.._ March 20, 2019 Page 3 Commissione r Lafferty stated she drove by the site and walked the area including the creek and the watershed that is across La Costa. Chair Luna stated she wa lked the site and neighborhood including the area where the drainage comes out in the culvert at San Marcos Creek. STAFF PRESENTATION: Associate Planner Garcia gave the presentation. Chair Luna stated there were 11 emails received about the application. She asked if there were any questions for staff. Commissioner Meenes asked if Mr. Garcia could explain the curren t topography of the site when looking at building height. Associate Planner Garcia stated the pads would be graded down about 5 to 8 feet essentially lowering each pad level. Commissioner Geidner asked for clarification from the civil engineering report about removing soil and the note in the same report stating that re-compaction would not occur. Engineering Manager Geldert stated the developer added a sentence stating they are going to use piles instead of doing remedial grading. Comm issioner Anderson asked for further information about the site in relation to the state density bonus and the number of units that are going to be on the site. Associate Planner Garcia stated the applicant requested 35% over the maximum density which would require 11% of the units to be at the very low-income level or 2 units. He stated the city has a 15% inclusionary requirement which pushed it up to 3 units. The total project is 23 units. Commissioner Anderson asked if the 3 very low-income level units would still be required if they did not use the density bonus. Associate Planner Garcia stated he is not sure if renta l un its are required to meet the 15% affordable housing city ordinance, however because they are getting units out of the city's Excess Dwelling Unit Bank, they are required to meet the affordable housing requirement on rental projects. Commissioner Lafferty asked what the CEQA report would tell us that the findings don't include. Associate Planner Garcia stated that the project qualifies for the infill exemption and that the re are no significant environmental impacts including traffic. The project is also consistent with our ordinances. Commissioner Lafferty asked if the tributary across La Costa going into the San Marcos creek would be a factor environmentally in relation to the development of the vacant lot. Engineering Manager Geldert stated the offsite conduit for storm water would not be evaluated under CEQA for this project. He stated the storm water flowing on the property is what is being evaluated. Planning Commission Minutes March 20, 2019 Page4 Commissioner Lafferty asked how grade was determined for the bui lding maximum height. Associate Planner Garcia stated the building height is measured from existing or finished grade whichever is lower. He stated the pads for this project will be lowered and that is the point where building height is being measured from. Commissioner Laffe rty asked ifthe piles would make a difference of where the measurement would begin. Associate Planner Garcia stated the structures below the pad grade would not change where the measurement starts. Commissioner Anderson asked for further explanation on the State's Density Bonus Law. Assistant City Attorney Kemp stated that law states that cities shall grant the concessions unless written findings based on substantial evidence show a significant quantifiable direct and unavoidable impact based on standards that already exist at the time the application came in. Commissioner Anderson asked if fire trucks can reach the top of the building considering it is on a slope. Associate Planner Garcia stated the Fire Marshall did review the plans and there were no specific concerns with the design as far as access. Commissioner Meenes asked if the applicant applied for the density bonus or if it was imposed upon the applicant. Assistant City Attorney Kemp stated he is not sure if the applicant applied but assumed they did. The language in the state's law says once they apply, it shall be granted unless substantial evidence on the record can be found related to health and safety. He stated the State has taken the control away from municipalities to control density. Commissioner Geidner asked if this was the law that went into effect this year. Assistant City Attorney Kemp stated these are laws that were already in effect but are evolving and becoming more restrictive each year. Commissioner Anderson asked if there is a limit on the height the applicant can request. Assistant City Attorney Kemp stated the concessions need to show sufficient and actual cost reductions so in this case they're asking to add on another story to add additional units. He stated they can only get a 35% density bonus if they provide very low-income housing. The General Plan Land Use allows 17 units, with the bonus they are allowed 23 . The allowed height for 23 units would then be determined by the design. Commissioner Merz asked for further description on how the profile of the top story was reduced to mitigate the appearance of the increased height of the building. Associate Planner Garcia stated the top floor is stepped back from the floors below. He pointed out on the exhibits where the elevations show the step back on different areas of the top floor. Planning Commission Minuk _ March 20, 2019 Page 5 Commissioner Merz as ked for further explanation on if the grade was going to be determined by the drive access. Associate Planner Garcia stated that in order to lower the pads the drive access would need to extend further into the site creating more undevelopable area for parking on the ground floor. He stated the slope of the driveway and the amount of parking for the project had to be balanced to meet pll requirements. Commissioner Geidner asked for further information on how the drainage on the site was going to work and how much storm water collection was going to occur. Engineering Manager Geldert stated all the storm water will be collected on the site then treated and a good portion of it will be stored and let out slowly. He stated it is called hydro modification. Commissioner Lafferty asked what the height of the building is from the bottom of Gibraltar to the top of the building. Associate Planner Garcia stated it is about 63 to 65 feet to the tower on top of the building. He stated he did not think you will be able to see the top of the tower from the bottom of Gibraltar. Commissioner Lafferty stated it will cast a shadow on the other building and that is a concern. City Planner Neu stated the code is based on existing or finished grade to try and be more sensitive on the way grading is done. He stated the intent is to penalize a project if it was filling and raising the pad height. Chair Luna asked if the applicant would like to make a presentation. APPLICANT PRESENTATION: John Allen, Developer for Rqmeria Point e Apartments, made the presentation and stated he would be available to answer questions. He stated he wanted to clarify one question from Commissioner Meenes that they did apply for the density bonus on their own. He stated the owner has owned the property for 15 years and had many proposed developments that were unfeasible. By applying for the density bonus, they were able to make the project feasible. Chair Luna asked if there were additional questions for the applicant. Commissioner Merz asked for further details on previous projects and what was not feasible in the design of those projects. He asked what about this project was different. Mr. Allen stated the previous development proposals were not feasible due to the existing site conditions. He stated there will have to be extensive remedial grading or that CIDH piles will need to be utilized. He stated both of these options provide the builder a huge cost that can only be satisfied by providing the density required to pay for that cost. · Commissioner Lafferty asked if the applicant has received the letters from the public. Mr. Allen stated they did receive all the letters from the public and he reached ou,t to every person and had spoken to many. He stated they set up a couple of meetings with some neighbors. Planning Commission Minutes March 20, 2019 Page 6 Commissioner Lafferty asked Mr. Allen what stood out to him in the letters. Mr. Allen stated the most pressing concern from the surrounding neighbors was the building height, the traffic and erosion control. He stated they made modifications in the building height, provided as many parking spaces as they could, going over the minimum requirement, and are using the piles to ensure the integrity of the building will withstand even if the earth falls out from underneath. Commissioner Merz asked for additional information on how the setback of the top floor will affect shading on other buildings. Mr. Allen stated it was about 10 feet that was set back on all sides. He stated they did not do a shading study but in the 3D rendering they were able to use the architecture software to virtually walk around the building and that you couldn't see the top level from the ground level. Commissioner Stine asked Mr. Allen to describe any specific modifications made because of concerns from neighboring properties. Mr. Allen stated the 10-foot step back was one of the modifications made as a result of the neighbors' concerns. He stated they modified the parking by eliminating office space on the ground floor to maximize the amount of parking and stretched the buildings footprint. David Miller, Architect, stated they added louvers to the parking garages to mitigate a concern of headlights going into the neighbor's windows and changed the colors of the buildings to better blend into the surrounding neighborhood. Mr. Allen stated they looked into providing underground parking and it would have proven difficult both psychically and financially. Commissioner Meenes asked if the grade required for the driveways caused the building location to be moved back from the street. Mr. Allen stated yes, they had to move the building further away from the street. Commissioner Geidner asked what they have planned for lighting along Gibraltar. Mr. Allen stated one of the concerns from the neighbors was light pollution. He stated there will be a lot of downlights and one condition for a street light to be added at the corner. He stated there will be site lighting around the landscaping. Commissioner Lafferty asked if they have considered pushing the building to the setback. Mr. Allen stated they are using the setback area on Romeria as the storm water detention facilities and landscaping. Commissioner Lafferty stated she is concerned with a higher density project that there is a balance of safety and security. Juintow Lin, Architect, stated that if the building was moved closer to the road it would be hanging over the pad. Planning Commission Min Uk -March 20, 2019 Page 7 Commissioner Anderson asked if the garage would be gated and what the developers understanding of short term rentals are in the area. Mr. Allen stated the garage is gated and that short-term rentals are not allowed. Commissioner Geidner asked if they planned on condo conversions. Mr. Allen stated there are different rules for condos than there are for rentals. He stated at this time the owner would like to keep the property as rentals. City Planner Neu stated Mr. Allen is correct, there are different regulations for condos and what they have found is that is difficult to convert rentals to condos after the fact unless the project is built to condo standards to begin with. PUBLIC COMMENT: Susan Ortman, Carlsbad CA, stated she requested to have a meeting with the developer and it did not happen. She stated she lives in a property nearby and the new buildings will take away natural light to her property. She stated she is concerned the shifting of the soil from construction will damage her building. She stated her HOA spent a lot of money getting a building lift and is worried the weight of the new neighboring building will cause the soil to shift. Lucille Lindsey, Del Mar CA, stated the proposed development is way too high. She stated initially the developer said the project would be 15-16 units and now it is nothing like what was initially presented tci her. She stated she would like to see the development smaller and lower. She stated she objects to the fact that the inclusive units are one bedrooms. She would like to see the affordable units be at least 2 bedrooms. She is concerned about the drainage from the hill above the property. City Planner Neu stated that Heather Lindsey indicated on the speaker card she is opposed to the project but does not wish to speak. Chair Luna asked if .there was anyone else who wished to speak on the project, seeing none she closed public testimony on item 2. Chair Luna asked if the applicant would like to respond. Mr. Allen stated there is 20 feet between the proposed building and the property to the south. He stated there will be temporary shoring constructed to ensure that no earth slippage will occur and after construction there will be retaining walls. Mr. Miller stated the building to the south will not be shaded from the sun by the proposed project. PLANNING COMMISSION DISCUSSION: Engineering Manager Geldert explained that piles are drilled piles with concrete that will go into several feet of underlying bedrock. He stated the piles will not make the site less stable. He stated some slopes will be reduced in height and during final engineering the project will require a soils report. He stated the report will be reviewed in house, as well as with consultant experts, to assure the neighboring sites are not affected. He stated a construction means and methods document will be provided for the Land Development Engineering department to review. He stated the project is feasible from a geotechnical standpoint. Planning Commission Minutes March 20, 2019 Page 8 Commissioner Anderson asked where the water is going now. She stated there is a culvert coming down Romeria to catch groundwater and how is that water being mitigated. Engineering Manager Geldert stated there was no ground water found in the soils report. He stated if there is groundwater encountered du ring construction then that will have to be addressed. Commissioner Meenes asked what drainage improvements would occur on the property. Engineering Manager Geldert stated the property is currently undeveloped and that all drainage would be brand new. He stated they will be required to capture all drainage, clean it, detain it and let if off site at a certain rate that does not affect downstream. Commissioner Geidner asked how deep the piles would be . Engineering Manager Ge Ide rt stated the estimate is 16 to _37 feet below existing grade. He stated bedrock ranged from 12 to 24 feet below ground level elevations. He stated the piles will go into bedrock several feet. Commissioner Geidner asked why soil would be moved off the site. Engineering Manager Ge Ide rt stated the soil is being moved off the site due to the pads being lowered quite a few feet. He stated a slope to the north is being reduced which tends to provide more stability to the slope when soil is removed. Commissioner Geidner stated she read somewhere that the quality of the soil is not good. Engineering Manager Geldert stated that typically topsoil quality is inadequate for taking a load or for holding a building without settling or other issues. He stated that is the reason for the piles in this case. Commissioner Lafferty asked if there is an erosion hazard. Engineering Manager Geldert stated they do not anticipate any erosion issues and that water will be captured on the site. Chair Luna asked for details of the construction process. Engineering Manager Geldert stated it starts with project design and detailed plans will be provided when it comes to the issuance of permits. He stated the construction management team will monitor the construction of the project throughout that phase. He stated there is a design engineer, soils engineer and geologist that are responsible for the construction. Chair Luna asked if there are performance bonds posted. Engineering Manager Geldert stated there are performance bonds to ensure the work is done and completed. Assistant City Attorney Kemp stated typically the bonds secure the construction of any required public improvements. l-Planning Commission MinuL~~ March 20, 2019 Page 9 Commissioner Meenes asked if there were going to be additional geotechnical surveys, testing, or things of that nature reviewed during construction. Engineering Manager Geldert stated the geotechnical consultant will observe any cuts and ensure what they are exposing is what they predicted in their soils reports according to the exploratory boring that was conducted. Commissioner Meenes asked if the conditions change will the city have the ability to ask for further requirements. Engineering Manager Geldert stated yes. Chair Luna asked if the addition of the light pole was already in the conditions. Engineering Manager Geldert stated yes, the addition of the light pole is already in the conditions. Chair Luna asked if there were additional questions from the commission. Seeing none, she closed commission discussion. MOTION: ACTION: Motion by Commissioner Merz and duly seconded by Commissioner Geidner to Adopt Planning Commission Resolution No. 7324 APPROVING Site Development Plan SOP 2018- 0004, based upon the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, Merz, and Stine NOES: None Chair Luna closed the public hearing on Agenda Item 2. Chair Luna opened the public hearing on Agenda Item 3. 3. MCA 17-0002 (PUB17Y-0013) -CLIMATE ACTION PLAN ORDINANCES -An informational presentation of Carlsbad Climate Action Plan (CAP) implementing ordinances recently-adopted by the City Council relating to energy efficiency, renewable energy, water heating, electric vehicle charging, and transportation demand management. City Planner Neu introduced Agenda Item 3 and stated Senior Program Manager Grim and Principal Planner de Cordova would make a staff presentation (on file in the Planning Division). PLANNING COMMISSION DISCUSSION: Commissioner Anderson asked if there was any enforcement for non-electric vehicles being parked in EV charging station spaces. Principal Planner de Cordova stated there are vehicle code provisions that allow for the enforcement of making sure the charging station space is being used as such and that the Police Department and City Attorney's office are working on such an ordinance. Planning Commission Minutes March 20, 2019 Page 10 Commissioner Anderson asked how fluid climate actions plans are. Senior Program Manager Grim stated he reports to the City Council annually on new technologies and issues. Commissioner Meenes asked if other jurisdictions are following the mandates. Senior Program Manager Grim stated a lot of jurisdictions are adopting a Climate Action Plan although there isn't any legislation that requires it. He stated many jurisdictions are going above and beyond what the state building code is requiring. Commissioner Meenes asked if there was state oversight on the cities' climate action ordinances. Senior Program Manager Grim stated there is no regulatory authority over the implementation of the ordinances. He stated the city has to report to the state each year. Commissioner Lafferty asked if the Climate Action Plan involves any food recycling. Senior Program Manager Grim stated it currently does not but our sustainability general plan element does. Economic Development Manager Marcella and Engineering Manager Geldert made a staff presentation on Transportation Demand Management (on file in the Planning Division). Commissioner Anderson asked for additional information on how HOAs fit into Transportation Demand Management. Economic Development Manager Marcella stated the City Council directed staff to have the consultant that is looking at the business community also look into how HOAs could assist is creating ride share programs within their community or providing shuttle services. Commissioner Meenes asked if the program was enforceable. Engineering Manager Geldert stated the program is voluntary however the part of the ordinance that is enforceable is the requirement of having a written plan. Chair Luna asked if there were additional questions from the commission. Seeing none, she closed the public hearing on Agenda Item 3. PLANNING COMMISSION REPORTS: Commissioner Anderson stated the City of Livermore presented at the Planning Commission Academy and wants to look into adopting city wide design standards. Commissioner Geidner suggested adding an agenda item to a planning commission meeting to discuss design guidelines for the city. Commissioner Stine stated the presentation on land use from a fire expert at the planning commission academy was eye opening. Planning Commission MinL .; March 20, 2019 Page 11 City Planner Neu stated a noticed agenda item can be added for the next planning commission meeting to discuss what they learned or heard at the conference. Chair Luna asked if Fire Prevention could attend a future meeting to explain what they look at when reviewing a project. City Planner Neu stated Fire Prevention could attend a future meeting. Commissioner Meenes stated the issue of housing was prominent at the planning commission conference. CITY PLANNER REPORTS: City Planner Neu stated the annual housing production report will be presented to the commission in the near future. CITY ATTORNEY REPORTS: Assistant City Attorney Kemp stated there is a real bonified concern about housing on behalf of the state. ADJOURNMENT: The Regular Meeting of the Planning Commission of March 20, 2019, was adjourned at 8:54 p.m. Don Neu -City Planner Melissa Flores -Minutes Clerk