HomeMy WebLinkAbout2023-06-21; Planning Commission; MinutesPLANNING COMMISSION
Minute s
June 21, 2023, 5 p.m. -Amended
CALL TO ORDER: 5 p.m.
Counc il Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ROLL CALL: Commissioners Hubinger, Lafferty, Meenes, Sabellico, and Stine, Merz.
Absent: Kamenjarin.
PLEDGE OF ALLEGIANCE: Commissioner Hubinger led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting_ held on May 3, 2023
Minutes of the Regular Meeting held on June 7, 2023
Motion by Commissioner Stine, seconded by Commissioner Meenes, to approve the minutes of
the Regular Meeting held on May 3, 2023, with the following amendments:
• Correct the spelling of Commissioner Stine's name on pages two and 10.
• Remove redundancy, "as a Planning Commission" on page 10.
Motion carried, 6/0/1 (Kamenjarin -Absent).
Motion by Commissioner Sabellico, seconded by Commissioner Stine, to approve the minutes of
the Regular Meeting held on June 7, 2023. Motion carried, 6/0/1 (Kamenjarin -Absent).
PUBLIC COMMENT: None.
CONSENT CALENDAR: None.
PUBLIC HEARING:
1. CT 2022-0001 and SDP 2022-0006 (DEV2022-0030) -HOPE APARTMENTS -Adoption of a
Planning Commission Resolution recommending approval of Tentative Tract Map CT 2022-
0001 and Site Development Plan SOP 2022-0006 to consolidate five parcels of land into one
parcel; demolish an existing 106-unit hotel and three single-family homes; and construct a
156-unit, four-story multiple family residential apartment building with a two-level
subterranean parking garage on a 2.95-acre property located at 950 and 1006 Carlsbad
Village Drive, 2944 Hope Avenue, 945-A, 945-B and 955 Grand Avenue in the northwest
quadrant of the city Local Coastal Program and Local Facilities Management Zone 1.
ACTION TYPE: Qua$i-judicial
STAFF RECOMMENDATION: Adopt the resolution.
PLANNER: Shannon Harker ENGINEER: D. Rick
June 21, 2023 Planning Commission Regular Meeting Page 2
At Chair Merz' request, the following Commissioners made disclosures as follows:
• Commissioner Hubinger drove by the site
• Commissioner Lafferty is familiar with the site and reviewed on Google Maps
• Commissioner Meenes drove by and walked the site
• Commissioner Stine drove by the site
• Commissioner Sabellico visited the site
• Chair Merz visited the site and the neighbor property the Lofts
City Planner Eric Lardy introduced the item and Senior Planner Shannon Harker reviewed a
PowerPoint presentation (on file in the Office of the City Clerk) regarding the project.
Chair Merz opened the duly noticed public hearing at 5:08 p.m.
In response to commissioner Meenes inquiry, Senior Planner Shannon Harker explained that
the City is requiring a 10-foot right of way dedication to increase the width of the sidewalk in
front of Carl's, Jr. Senior Planner Harker added that the city is also requesting the installation
of approximately 7 trees between the parking lot and the frontage on Carlsbad Village Dr. to
soften the interface between the sidewalk and the parking lot.
In response to Commissioner Stine's inquiry, regarding the building massing requirements,
Senior Planner Harker explained that instead of the minimum five-foot wall plane change
every 50 linear feet and change in rooflines for elevations facing the public street, the
developer is proposing varied projections from zero up to over 5 feet across the length of the
building.
In response to Commissioner Meenes question, regarding the requested waiver for the
requirement within the Village and Barrio Master Plan, Senior Planner Harker explained
that the applicant is requesting the waiver to add more square footage to the units which
allows the developer to build the adequate number of units required by the density bonus.
In response to Commissioner Lafferty's inquiry, Senior Planner Harker indicated that the
Village and Barrio Master Plan implements the zoning for this project.
Commissioner Lafferty expressed concern with the project's location explaining that it is not
good for permanent housing due to its proximity to the freeway creating health risks to the
public.
In response to Commissioner Lafferty's inquiry, Senior Planner Harker responded that the
developer has applied for a tentative tract map to consolidate the lots and use as the method
of retaining the Carl's Jr. restaurant in this location. She added the developer is using that
area to achieve their density and that the City's cannot require demolition of Carl's Jr. Senior
June 21, 2023 Planning Commission Regular Meeting Page 3
Assistant City Attorney Ron Kemp further clarified since the developer put as much residential
density as is allowed on this site, Carl's Jr. could only be redeveloped as another commercial
business.
Commissioner Lafferty commented that it would be good to see a direct sidewalk to Carlsbad
Village, to which Senior Planner Harker responded that the applicant provided some
enhanced sidewalk and lighting for pedestrians.
In response to Commissioner Hubinger's inquiry, Senior Planner Harker explained the
applicant is required to abide by the Village and Barrio Master Plan standards and the
developer subjectively meets the intention of the guidelines.
Senior Assistant City Attorney Ron Kemp responded to Commissioner Sabellico' s inquiry by
explaining that the applicant is entitled to unlimited waivers if a development standard would
preclude them from building the project at the proposed density. Mr. Kemp added the only
way for the City to deny this waiver would be for the City to demonstrate that a proposed
waiver would have a specific adverse impact to public health and safety.
In response to Commissioner Lafferty's question, Senior Planner Harker explained that the air
quality study was factored into the decision regarding the determination the project was
exempt from the California Environmental Quality Act (CEQA).
Applicant representatives Austin Wermers and Patrick Zabrocki reviewed a PowerPoint
presentation (on file in the Office of the City Clerk) in support of the project.
In response to Commissioner Lafferty's request for the developer to make a safe, simple, and
straight sidewalk on Grand Avenue and a more direct path to the grocery store and across
Carlsbad Village Drive, the applicant agreed that he would re-evaluate the sidewalks and
make changes if necessary.
Chair Merz opened the public testimony at 6:56 p.m. and asked if there were any members of
the public who wished to speak on the project.
Garry Nessim spoke in opposition to the project.
Hearing no one else wishing to speak, Chair Merz closed the duly noticed public hearing at
7:01 p.m.
In response to Mr. Nessim's comment about the building's style, Senior Planner Harker
indicated the City does not have the authority to require a particular architectural style; the
applicant selected the style of the project. Senior Planner Harker added that in regard to the
June 21, 2023 Planning Commission Regular Meeting Page 4
landscaping the City can require trees between the building and the parking lot, and the wider
sidewalk is the best staff can do to accommodate the Village and Barrio Master Plan.
Commissioner discussion ensued.
In response to Commissioner Lafferty regarding changing language of the resolution about
the need for making straight sidewalks and adding a direct connection to Carlsbad Village
with a sidewalk from the Lobby of the building, Engineer David Rick responded that the
correct Condition under discussion can be found on page 28, Condition 50. He added the
condition does not state the term "meandering sidewalk" as previously indicated in
conversation. He also expressed that a straight sidewalk is unlikely because construction
would have to work around existing, above ground utility poles. If the Commission chooses
to update the language of the resolution to request updated sidewalks, Mr. Rick is
recommending using a phrase such as "straighten sidewalks as much as possible subject to
the discretion of the city engineer or city planner" as the current utility poles will inhibit
straight sidewalks.
Motion by Commissioner Meenes, seconded by Commissioner Sabellico, to adopt Resolution
No. 7486. Motion carried, 5/1/1 (Lafferty-No; Kamenjarin -Absent)
Chair Merz closed the public hearing at 7:07 p.m.
PLANNING COMMISSION MEMBER REPORTS: None.
CITY PLANNER REPORT:
City Planner Lardy explained the next Planning Commission Meeting scheduled for July 5, 2023,
is canceled and that the next meeting will be July 19, 2023. He added that the Hom variance was
approved by City Council and that the Growth Management Plan will be going to City Council on
July 18· 2023.
CITY ATTORNEY REPORT:
Mr. Kemp informed the Commission of a virtual Planning Commissioner training opportunity. He
will forward the information to City Planner Lardy for distribution.
ADJOURNMENT: Chair Merz adjourned the duly noticed meeting at 7:12 p.m.
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Cynthia Vigeland
Administrative Secretary