HomeMy WebLinkAbout2019-04-17; Planning Commission; Minutes(i) PLANNING COMMISSION
M. 1nutes .
City Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Wednesday, April 17, 2019
CALL TO ORDER: Chair Luna called the Regular Meeting to order at 6:00 p.m.
ROLL CALL: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Merz, and Stine
Commissioner Meenes absent
STAFF PRESENT: Assistant City Attorney Kemp, City Planner Neu, Associate Planner Harker,
Associate Planner Garcia, Associate Planner Funk, Engineering Manager
Geldert, and Administrative Secretary Flores
PLEDGE OF ALLEGIANCE: Commissioner Anderson led the Pledge of Allegiance
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held March 20, 2019, were approved, as amended, 6-0-1. Commissioner
Meenes absent.
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.
Assistant City Attorney Kemp reviewed procedures for Commissioners making a motion. He stated
commissioners do not have to read the entire resolution. He stated that is a custom to read the entire
title of the resolution and not a requirement. He stated that any commissioner has the right to ask for
the complete title or complete resolution to be read.
PLANNING COMMISSION PUBLIC HEARING:
Chair Luna opened the public hearing for Item 1.
1. CUP 2018-0012/CDP 2018-0035 (DEV2018-0121) -VERIZON MONOPOLE -CALLE BARCELONA-
Request for approval of a Conditional Use Permit and Coastal Development Permit to allow the
installation, operation, and maintenance of a small Wireless Communications Facility consisting of
a 30-foot high slim line monopole with an attached canister antenna and related equipment located
in the right-of-way adjacent to 1911 Calle Barcelona within Local Facilities Management Zone 23.
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.
City Planner Neu introduced Agenda Item 1 and stated there was a request from the applicant to continue
the item to a date uncertain.
Planning Commission Minutes April 17, 2019 Page2
MOTION:
ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Geidner to continue
the item to a date uncertain.
VOTE:
AYES:
NOES:
6-0-1
Chair Luna, Commissioners Anderson, Geidner, Lafferty, Merz, and Stine
None
ABSENT: Commissioner Meenes
Chair Luna closed the public hearing on Agenda Item 1.
Chair Luna opened the public hearing on Agenda Item 2.
2. CT 2018-0004/SDP 2018-0021 (DEV2017-0236) -THE SEAGLASS -Request for a
recommendation of approval of a Tentative Tract Map and Site Development Plan to construct
an eight-unit, residential air-space condominium project on a 0.25-acre site located at 2646
State Street in the Village Center (VC) District of the Village and Barrio Master Plan and within
Local Facilities Management Zone 1. The City Planner has determined that this project belongs
to a class of projects thatthe State Secretary for Resources has found do not have a significant
impact on the environment, and is therefore categorically exempt from the requirement for
the preparation of environmental documents pursuant to section 15332 (In-fill Development
Projects) of the State CEQA guidelines.
City Planner Neu introduced Agenda Item 2 and stated Associate Planner Harker would make the staff
presentation (on file in the PlanningDivision).
DISCLOSURES:
Commissioner Stine recused himself due to a conflict of interest. He stated he owns property within a
500-foot radius.
Commissioner Lafferty stated sh_e drove by the site.
Commissioner Geidner stated she drove by the site, drove around the block and got out and walked
around.
Commissioner Anderson stated she drove by the site.
STAFF PRESENTATION:
Associate Planner Harker gave the presentation.
Commissioner Anderson asked if the affordable housing credit being purchased in the same quadrant is a
new requirement.
Associate Planner Harker stated the preference is for the credit to be purchased in the same quadrant.
Planning Commission Minutes April 17, 2019 Page 3
Commissioner Anderson asked if the 567 excess dwelling units in the quadrant include projects that have
been permitted and approved by the Planning Commission.
Associate Planner Harker stated that her understanding is that the number is tracked by building permits
issued and does not include approvals by the Planning Commission.
Commissioner Lafferty asked if the transformer could be placed within the sidewalk easement.
Engineering Manager Geldert stated PUC rules state that if the transformer is serving only the private
property that it be located on the private property and cannot be in the public right of way.
Commissioner Lafferty asked what the size of the transformer is.
Engineering Manager Geldert stated the pad is about 3 feet by 5 feet.
Chair Luna asked if there were additional questions of staff. Seeing none, she asked if the applicant would
like to make a presentation.
APPLICANT PRESENTATION:
Taal Safdie, Architect, San Diego CA stated Associate Planner Harker covered the presentation well and
that she would be available to answer questions.
Chair Luna asked if there were questions for the applicant.
Commissioner Geidner asked if they would be able to move the transformer back from the property line
to allow room for screening of the transformer.
Ms. Safdie stated they have been unable to move it back. She stated the current design was the only way
they could fit all of the cars on the property as well as the units. She stated they looked at every option
of where to place the transformer on the site including placing it underground. She stated it will be
shielded from the north and south, however you will see it when standing in front of it.
Commissioner Geidner stated she is disappointed in that. She stated she walked the neighborhood to see
where transformers were placed. She stated in some of the newer facilities they have dedicated rooms
for transformers.
Ms. Safdie stated they tried to incorporate the transformer into the design the best they could.
Commissioner Geidner asked if the electrical meters would be shielded.
Ms. Safdie stated the electrical meters will be in a dedicated room.
Commissioner Lafferty asked if they had included an inclusionary unit on the site, would they be eligible
for the bonus density opportunity which would provide some flexibility in the envelope of the building
and allow the transformer to be placed elsewhere.
Ms. Safdie stated not that she is aware of.
Commissioner Anderson asked about fire ladders.
Planning Commission Minutes April 17, 2019 Page4
Ms. Safdie stated there will not be drive access for fire trucks. She stated there is room for fire ladder
access in various parts of the property. She stated there will be fire ladder rescue access down the side
of every unit.
Commissioner Anderson asked if they have any experience marketing four-story town homes.
Ms. Safdie stated she has done quite a few vertical houses and townhouses in San Diego. She stated the
ones they have designed have sold very well.
Commissioner Geidner stated she would like to see a condition added that addresses pedestrian access
between the current site and the undeveloped site behind the property.
Ms. Safdie stated the owner would be open to that.
Commissioner Lafferty asked what the size of the transformer is.
Ms. Safdie stated the pad is 7 by 9 ½ and the transformer is significantly smaller then the pad.
Chair Luna asked City Planner Neu for additional information on the condition Commissioner Geidner is
asking for.
City Planner Neu stated in the Village and Barrio Master Plan there is language that talks about public right
of ways and bike paths .. He stated there may be issues with pedestrians crossing through private property.
He stated if there was a master developer, who was developing both properties, there would be a more
straight forward opportunity to create a public easement connecting the two properties.
Chair Luna asked for input from Assistant City Attorney Kemp on the subject.
Assistant City Attorney Kemp asked Commissioner Geidner for additional input on what she is asking for.
Commissioner Geidner stated she would like to see the two properties work together to figure out if her
suggestion makes sense to them. She stated she would like to encourage more ways for pedestrians to
get through the block.
Assistant City Attorney Kemp stated if the city were to add the condition as part of the approval, it would
then become a de facto public easement.
Commissioner Geidner stated she is okay with the discussion about the pedestrian access through the
two properties being reflected in the minutes and not added as a condition.
Chair Luna asked if there were additional questions for the applicant. Seeing none, she asked if there were
any members of the public who wished to speak on the project. Seeing none, she opened and closed
public testimony.
PLANNING COMMISSION DISCUSSION:
Commissioner Anderson stated she is concerned with the project being 4 stories but understands it meets
the objectives and guidelines in the Village Master Plan.
Planning Commission Minutes April 17, 2019 Page 5
Commissioner Lafferty asked if the project would require fire sprinklers.
Associate Planner Harker stated that from her understanding the project will require fire sprinklers.
MOTION:
ACTION: Motion by Commissioner Lafferty and duly seconded by Commissioner Geidner to Adopt
Planning Commission Resolution No. 7330 RECOMMENDING APPROVAL of a Tentative Tract
Map CT 2018-0004 and Site Development Plan SDP 2018-0021, based upon the findings and
subject to the conditions contained therein.
VOTE: 5-0-2
AYES: Chair Luna, Commissioners Anderson, Geidner, Merz, and Lafferty
NOES: None
ABSENT: Commissioner Meenes
ABSTAIN: Commissioner Stine
Chair Luna closed the public hearing on Agenda Item 2.
Chair Luna opened the public hearing on Agenda Item 3.
3. SP 2018-0001 (DEV2018-0077) / CUP 2018-0017 (DEV2018-0155) -CARLSBAD RACEWAY
SPECIFIC PLAN / TESLA -SALES AND SERVICE CENTER -Request for a recommendation of
approval for a Specific Plan for the Carlsbad Raceway Business Park and a request for a
recommendation of approval for a Conditional Use Permit to allow an electric vehicle
dealership with electric vehicle repair at 3248 Lionshead Avenue within Local Facilities
Management Zone 18. 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 exempt from the requirement for the preparation of
environmental documents pursuant to CEQA Guidelines Section 15061{8}(3) {Common Sense
Exemption), Section 15301 {Existing Facilities), and City of Carlsbad Municipal Code Chapter
19.04.070(A}(l){c), minor municipal code amendments.
City Planner Neu introduced Agenda Item 3 and stated Associate Planner Garcia would make the staff
presentation {on file in the Planning Division).
DISCLOSURES:
Commissioner Stine stated he drove by and walked the site.
Commissioner Lafferty stated she drove by the site.
Commissioner Merz stated he went to the site a few years ago when they had an open house.
Commissioner Geidner stated she drove by the site.
Commissioner Anderson stated she drove by the site.
Chair Luna stated she drove by the site.
Planning Commission Minutes April 17, 2019 Page 6
STAFF PRESENTATION:
Associate Planner Garcia gave the presentation.
Commissioner Anderson asked if the approval would be exclusive to electric vehicle sales.
Associate Planner Garcia stated this approval would only allow electric vehicle sales on the site.
Commissioner Merz asked if there were any comments from businesses located in Car Country Carlsbad
with concerns of vehicle sales operating from the business park.
Associate Planner Garcia stated he did not receive any comments from other dealerships in the city,
however they weren't noticed based on the radius area the notices went out to.
Chair Luna asked if there were additional questions of staff. Seeing none, she asked if the applicant would
like to make a presentation.
APPLICANT PRESENTATION:
Bill Hofman, Hofman Planning and Engineering, Carlsbad CA stated he does not have a formal
presentation. He stated that he is available to answer questions.
Commissioner Anderson stated there was an application from Tesla two years ago at a different site. She
asked why they chose this site over the original one.
Danni Gomes, Tesla Representative, Fremont CA, stated the Westfield Mall location was not chosen due
to other locations in the market being identified outside of Carlsbad . She stated a location in San Diego
was chosen to invest money in and increase sales. She stated that San Diego and North Orange County
have been so successful, they have now decided to penetrate Carlsbad.
Commissioner Merz asked how the site in Oceanside compares to the proposed one in Carlsbad.
Ms. Gomes stated the Oceanside location is a temporary service center. She stated the Carlsbad location
will have both service and sales.
Commissioner Merz asked if the Oceanside location will remain open.
Ms. Gomes stated the Oceanside location is temporary and will close once the Carlsbad location is
functional.
Commissioner Merz asked if the Mezzanine area will be used.
Angie Prowse, Tesla Design, Fremont CA, stated the Mezzanine area will not be used.
Commissioner Lafferty asked how many electrical vehicle charging stations will be installed.
Ms. Prowse stated there are 6 on the exterior.
Commissioner Lafferty asked if they would be exclusively used for Tesla.
Planning Commission Minutes April 17, 2019 Page 7
Ms. Prowse stated yes, they will be for Tesla only and not the public.
Chair Luna asked_if there were additional questions for the applicant. Seeing none, she asked if there were
any members of the public who wished to speak on the project. Seeing none, she opened and closed
public testimony.
PLANNING COMMISSION DISCUSSION:
Commissioner Anderson stated the business park is developing nicely and she supports the project.
MOTION:
ACTION: Motion by Commissioner Stine and duly seconded by Commissioner Anderson to Adopt
Planning Commission Resolution No. 7319 AND 7320 RECOMMENDING APPROVAL for a
Specific Plan for the Carlsbad Raceway Business Park SP 2018-0001 and a Conditional Use
Permit CUP 2018-0017, based upon the findings and subject to the conditions contained
therein.
VOTE: 6-0-1
AYES: Chair Luna, Commissioners Anderson, Geidner, Merz, Lafferty and Stine
NOES: None
ABSENT: Commissioner Meenes
Chair Luna closed the public hearing on Agenda Item 3.
Chair Luna opened the public hearing on Agenda Item 4.
4. ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR JANUARY 2018 THROUGH DECEMBER
2018-An informational presentation on the status of housing production and Housing Element
program implementation for Carlsbad during 2018.
City Planner Neu introduced Item 4 and stated Associate Planner Funk would make the staff pres~ntation
{on file in the Planning Division).
STAFF PRESENTATION:
Associate Planner Funk gave the presentation.
Commissioner Merz asked if the RHNA numbers are given to the city and what are the consequences if
the city does not meet them.
Associate Planner Funk stated there are currently not any consequences however, the state has been
discussing the topic and he would need to do additional research on the details of any laws that would
add consequences.
City Planner Neu stated SAN DAG decided to accept the states numbers and are now trying to decide how
the numbers are going to be allocated .
Planning Commission Minutes April 17, 2019 Page 8
Commissioner Merz asked if Associate Planner Funk sees any restrictions that may be removed in the
future to allow more accessory dwelling units to be built.
Associate Planner Funk stated there were 33 accessory dwelling units built in 2018 at the low and
moderate level. He stated there have been some changes in state laws making it easier for accessory
dwelling units to be built. He stated he expects the number to continue to increase each year.
Commissioner Anderson asked if there is any monitoring on rent amounts.
Associate Planner Funk stated yes, on the properties that are required to be affordable the rent amounts
are monitored. He stated other rentals are not monitored or surveyed.
Commissioner Stine asked how the income categories are broken up.
Associate Planner Funk stated very low is below 50% of the area median income, low would be defined
as between 50 and 80% of the area median income, moderate would be between 80 and 120% of the
area median income and above moderate would be above 120% of the area median income.
Commissioner Stine asked what is considered affordable housing according to the income levels.
Associate Planner Funk stated the very low, low and moderate levels would correspond to the affordable
housing categories in the report.
Commissioner Stine asked what the dollar amount would look like in each level.
Associate Planner Funk stated for example, in a two-person household qualifying annual income for very
low would be thirty-eight thousand dollars, low would be sixty-two thousand and moderate would be
seventy-eight thousand. He stated rent amounts for a two-bedroom unit at the very low-income level
would be one-thousand two-hundred dollars, low income would be one-thousand nineteen hundred and
forty dollars and moderate income·would be almost twenty-five hundred dollars per month.
Commissioner Stine asked how the city controls non-deed restricted rentals.
Associate Planner Funk stated the city cannot control rent on a non-deed restricted rental.
Commissioner Stine asked ifthere is any limitation or restriction on non-deed restricted rentals to increase
the amount of rent after the property is developed.
Associate Planner Funk stated there are no limits or restrictions on rent after the property is developed.
Commissioner Lafferty asked what the impact of not achieving the RHNA numbers are.
Associate Planner Funk stated there is not an impact directly to the city. He stated if the city does not
meet the numbers one year they will be reallocated another year.
City Planner Neu stated that when RHNA numbers are allocated, the city will identify sites to meet the
obligation. He stated that historically the masterplan process had provided the highest number of
affordable units by setting aside land or donating land for a developer to come in and build the units. He
stated we are now working with smaller parcels of land and getting fewer units at a time. He stated it will
be challenging to meet the RHNA numbers, but the city still has an obligation to plan for it.
Planning Commission Minutes April 17, 2019 Page 9
Commissioner Lafferty asked if the in-lieu fee is too low.
City Planner Neu stated the City Council has directed housing to review the fee since it has not escalated
over time like other fees have.
Commissioner Lafferty stated the fee for purchasing a credit seems to be low as well.
City Planner Neu stated the fee to purchase a credit varies based on the project that the funds are going
towards.
Commissioner Lafferty asked if the affordable units are evenly distributed throughout the city.
City Planner Neu stated that due to the inclusionary ordinance the affordable units typically follow new
construction.
Commissioner Lafferty asked if there are plans to focus any housing near transit.
City Planner Neu stated the general plan contains policies about locating multifamily housing closer to
transportation corridors and job centers.
Commissioner Geidner asked for information about the project proposed at the North County Plaza site.
City Planner Neu stated there is a current application for a mixed-use development on the site.
Commissioner Geidner asked if there was an EIR being conducted on the site.
City Planner Neu stated there has not been an EIR initiated.
Commissioner Lafferty asked if the City of Carlsbad has any type of subsidy program to incentivize
developers to build affordable housing.
City Planner Neu stated that a developer can request financial assistance from the city which would be
reviewed by housing staff and other representatives from the city.
Commissioner Merz asked if zoning may change to meet the demand from the state in relation to housing.
Associate Planner Funk stated the State has considered and are considering various bills that would affect
zoning in the city. He stated the City of Carlsbad is currently looking at our zoning code and working on a
comprehensive code update.
Commissioner Stine asked how long of a time period the reporting provided covers.
Associate Planner Funk stated the current reporting covers 8 years. He stated the total reporting period
will cover 10 years.
Commissioner Stine stated that only 5% of the very low-income level has been reached at the 8-year mark.
Associate Planner Funk stated that is correct.
Planning Commission Minutes April 17, 2019 Page 10
Commissioner Stine asked if there was anything planned to help the city reach the allocated RHNA
numbers.
City Planner Neu stated the certified housing element provides information on sites for housing, the
housing trust fund is around 13 million dollars which the city can use to provide financial assistance for
projects, there are standards modifications available, as well as the city partners with non-profit home
builders.
Commissioner Stine asked if there was any significant state-owned property that could be used for
affordable housing.
City Planner Neu stated the state-owned property he can think of is on the coast. He stated most is near
current state-owned camp grounds and sites that will most likely be used to expand current camping sites.
Assistant City Attorney Kemp stated the other state-owned property in the city is under a deed restriction
for conservation.
PLANNING COMMISSION REPORTS:
Commissioner Merz provided an update on the community block grant program advisory committee he
serves on. He stated the committee met on April 4, 2019, there were 10 applicants who presented. He
stated the committee met again on April 8, 2019 to review the application requests for funding. He stated
the recommendation will be made to City Council to grant about $185,000.
Commissioner Lafferty stated she downloaded a list of historic buildings and would like to see if the
buildings on the document could be added to the work plan. She stated she would like to see how design
standards could be incorporated to the historic buildings.
City Planner Neu stated the work plan will be a list of projects or topics for the commission to consider
and make a recommendation to city council.
. CITY PLANNER REPORTS:
None
CITY ATTORNEY REPORTS:
None
ADJOURNMENT:
Tf\Regular Meeting of the Planning Commission of April 17, 2019, was adjourned at 8:20 p.m. ~nA,f
Don Neu -City Planner
Melissa Flores -Minutes Clerk