HomeMy WebLinkAbout2023-09-20; Planning Commission; MinutesPLANNING COMMISSION
Minutes
Sept. 20, 2023, 5 p.m.
CALL TO ORDER: 5 p.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ROLL CALL: Commissioners Hubinger, Kamenjarin, Meenes, Lafferty, Stine, Sabellico, and Merz.
PLEDGE OF ALLEGIANCE: Commissioner Stine led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held on Aug. 16, 2023
Motion by Commissioner Kamenjarin, seconded by Commissioner Meenes, to approve the minutes of the
Regular Meeting held on Aug. 16, 2023. Motion carried, 5/0/2 (Merz and Stine -Abstain).
PUBLIC COMMENT: None.
CONSENT CALENDAR: None.
Motion made by Commissioner Merz, seconded by Commissioner Meenes, to move Item Nos. 2 & 3 ahead
of Item No. 1. Motion carried, 7 /0.
PUBLIC HEARING:
2. CDP 2022-0056 -TERRAMAR WATER AND SEWER MAIN IMPROVEMENTS -1) Adoption of a
resolution approving a third addendum to the final Program Environmental Impact Report EIR12-01
for the Carlsbad Sewer Master Plan, Carlsbad Municipal Water District Water Master Plan, and
Recycled Water Master Plan to allow for the removal and replacement of two existing water main
pipelines with a singular 12-inch diameter pipeline and conduct maintenance of existing sewer mains
and maintenance holes in the following two areas: 1) Carlsbad boulevard between Tierra Del Oro and
Manzano drive; 2) Cannon Road between Avenida Encinas and Carlsbad Boulevard in Local Facilities
Management Zone 3; and
2) Adoption of a resolution approving a Coastal Development Permit, CDP2022-0056, to allow for the
removal and replacement of two existing water main pipelines with a singular 12-inch diameter
pipeline and conduct maintenance of existing sewer mains and maintenance holes in the following
two areas: 1) Carlsbad Boulevard between Tierra Del Oro and Manzano Drive; 2) Cannon Road
between Avenida Encinas and Carlsbad Boulevard in Local Facilities Management Zone 3.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Adopt the resolutions.
PLANNER: lzzak Mireles ENGINEER: David Rick
Sept. 20, 2023 Planning Commission Regular Meeting Page 2
Chair Merz opened the duly noticed public hearing at 5:09 p.m.
City Planner Eric Lardy introduced the item and Associate Planner lzzak Mireles reviewed a
PowerPoint presentation regarding the project (on file in the Office of t he City Clerk).
At Chair Merz's request, each of the Commissioners disclosed that they were familiar with the site for
this project.
Chair Merz opened the public testimony at 5:17 p.m. and asked if there were any members of the
public who wished to speak on the project.
Hearing no one wishing to speak, Chair Merz closed public testimony at 5:17 p.m.
Motion made by Commissioner Kamenjarin, seconded by Commissioner Sabellico, to adopt
Resolution Nos. 7492 and 7493. Motion carried, 7 /0.
Chair Merz closed the duly noticed public hearing at 5:19 p.m.
3. SDP 2021-0028/CDP 2021-0066 (DEV 2021-00256) -LEGOLAND PARKING STRUCTURE NO. 2 -
Adoption of a resolution approving a Site Development Plan and Coastal Development Permit to
allow the construction of an 1,174-space, 387,338-square-foot, three-story parking structure within
a portion of the Legoland California Resort parking lot located south of the existing employee parking
structure and adjacent to the Crossings Drive in Planning Area 4 of the Carlsbad Ranch Specific Plan
on property located at 1 Legoland Drive, Assessor Parcel Number 211-100-09-00, within the Mello II
segment of the Local Coastal Program and in Local Facilities Management Zone 13.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Adopt the resolution.
PLANNER: Kyle Van Leeuwen ENGINEER: Nicole Fine
Chair Merz opened the duly noticed public hearing at 5:20 p.m.
City Planner Eric Lardy introduced the item and Planner Kyle Van Leeuwen reviewed a PowerPoint
presentation regarding the project (on file in the Office of the City Clerk).
At Chair Merz's request, each of the Commissioners disclosed that they were very familiar with and
have visited the site for this project.
Chair Merz opened the public testimony at 5:24 p.m. and asked if there were any members of the
public who wished to speak on the project.
Hearing no one wishing to speak, Chair Merz closed public testimony at 5:24 p.m.
Sept. 20, 2023 Planning Commission Regular Meeting Page 3
Motion by Commissioner Stine, seconded by Commissioner Meenes, to adopt Resolution No. 7495.
Motion carried, 6/0/1 (Lafferty -Recused).
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Chair Merz opened the duly noticed public hearing at 5:29 p.m.
1. CUP 2021-0008/CDP 2021-031 (DEV02060) -VIGILUCCl'S SEAFOOD & STEAKHOUSE -Adoption of
a resolution recommending approval a Conditional Use Permit and Coastal Development Permit for
the continued use and operation of an existing restaurant with on-site valet and the construction of
a 1,401 square-foot detached patio cover and off-site valet on property generally located at 3878
Carlsbad Boulevard in Local Facilities Management Zone 1.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Adopt the resolution ..
PLANNER: Lauren Yzaguirre ENGINEER: Jason Geldert
City Planner Eric Lardy introduced the item and Associate Planner Lauren Yzaguirre reviewed a
PowerPoint presentation regarding the project (on file in the Office of the City Clerk).
Chair Merz opened the public testimony at 6:43 p.m. and asked if there were any members of the public
who wished to speak on the project.
At Chair Merz's request, each of the Commissioners disclosed that they were very familiar with and
have visited the site for this project.
Commissioner Lafferty expressed her concern that the style of the proposed patio and its cover is not
compatible with the nearby structures.
In response to Commissioner Lafferty's inquiry regarding lot size, Associate Planner Yzaguirre confirmed
the lot size of the project is .32 acres.
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In response to Commissioner Sabellico's request, staff reviewed Carlsbad Municipal Code 21.44.040 and
City Planner Eric Lardy confirmed that the City did not do a formal parking study since the new patio is
smaller than what is currently out there and but larger than the existing restaurant has; it is a better site
design. Mr. Lardy further noted that the information and statistics regarding parking lot usage provided
by the restaurant owner, their architects and valet service was sufficient, rendering a parking survey
unnecessary. Associate Planner Lauren Yzaguirre added that the City's Parking Management Plan was
also considered in the decision.
In response to Commissioner Merz's question, Associate Planner Yzaguirre explained that the written
parking agreement between New Song Church and the applicant is in process, and it is required as a
condition of approval.
In response to Commissioner Merz' inquiry, City Planner Eric Lardy discussed the annual review of
Conditional Use Permits (CUP) to ensure consistency and in response to complaints to confirming
applicant's compliance to the conditions agreed too.
Darren Machulsky spoke on behalf of the Applicant in support of the project. Mr. Machulsky introduced
Sept. 20, 2023 Planning Commission Regular Meeting Page 4
David Hapgood, a representative of the Pacific Coast Valet company, who spoke in favor of the project
as well.
The following individuals submitted a speaker card for the record in support of the project but did not
wish to speak at the meeting: Julie Cunningham, Randy Hixon, Tony Patel, Rick Robetta and John
Thalasinos.
The following individuals submitted a speaker card for the record in opposition to the project but did not
wish to speak at the meeting; Ruth Apffel.
The following individuals spoke in support of the project: Dana C. Sills and Mark Kuhn.
Chair Merz called for a 10-minute break at 6:50 p.m.
Chair Merz called the meeting back to order at 7:00 p.m.
The following additional individuals spoke in support of the project: Pam Corbin, Richard Heinitz,
Justin Jachura, Jon James, Mark Knoodle, Bill Stetson, Reggie Lambkin, Don Thorstenson and Gary
Ward.
The following individuals spoke in opposition to the project: Eloy Castaneda, Anne Linde, Becky
Powers and Brian Sederman.
Hearing no one else wishing to speak, Chair Merz closed public testimony at 7:34 p.m.
Commissioner Lafferty requested that the record show that she is concerned with the aesthetic of
the addition and the compatibility of its style with the existing structure.
Motion made by Commissioner Stine, seconded by Commissioner Meenes, to adopt Resolution Nos.
7492 and 7493. Motion carried, 5/2 (Merz, Sabellico -No).
Chair Merz closed the duly noticed public hearing at 7:58 p.m.
PLANNING COMMISSION MEMBER REPORTS:
Commissioner Lafferty acknowledged that fellow Commissioners were quoted in a local publication about
a public works project.
Commissioner Lafferty announced that the Next Historic Preservation Committee meeting will be held
Nov. 13, 2023.
CITY PLANNER REPORT:
City Planner Eric Lardy reported that Hope Apartments was approved by City Council last week and added
that the El Camino Project from Sunnycreek and Jackspar permits will be considered at the next City
Council meeting. Mr. Lardy also indicated that there are 3 items planned for the next Planning
Commission meeting on Oct. 4, 2023, and the Housing Element will be presented on Oct. 18, 2023. Mr.
Lardy added that the latter will include deliberation and public comment.
Sept. 20, 2023 Planning Commission Regular Meeting Page 5
CITY ATTORNEY REPORT: None.
ADJOURNMENT: Chair Merz adjourned the meeting at 8:03 p.m. I
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Administrative Secretary