HomeMy WebLinkAbout2024-07-17; Planning Commission; MinutesJuly 17, 2024 Planning Commissioner Regular Meeting Page 2
City Planner, Eric Lardy introduced Principal Planner, Cliff Jones, and Senior Planner Jason Goff,
who reviewed a PowerPoint presentation on Item 1. (on file in the Office of the City Clerk).
Steven Tooley, Managing Partner for the Applicant Tooley & Associates reviewed a PowerPoint
Presentation.
In response to Commissioner Lafferty's question, the Applicant's representative, Jonathan
Frankel, explained that their plan is for horizontal mixed use using standalone buildings with a
mix of uses, including retail, commercial and residential spaces.
Commissioner Lafferty expressed concern about the building height and stated that the City's
municipal code describes mixed use as residential uses that are located above the ground floor of
a multistoried commercial building.
City Attorney Frost explained that cities cannot lawfully redesign a qualifying density bonus
project to require a different configuration so that it does not need the requested density bonus
waivers.
In response to Commissioner Stine's question regarding the public's concern with losing a grocery
store; the Applicant representative, Jonathan Frankel, expressed that the applicant's design team
considered many designs in regard to uses for this project, but concluded that a large grocery
store would generate too much traffic for the site and had concerns related to access for a large
grocery store. Staff added that there is a plan for Baron's market to be opened less than half a
mile away from the current Smart and Final location.
In response to Commissioner Stine's question about the Applicant's reasoning for building a five-
story building rather than four stories, the Applicant explained that the decision to build Jive
stories was due to the decision to place one-story buildings along Carlsbad Village Drive, which
reduces massing along the street, in response to community concerns expressed related to the
Lofts Project, located across the street.
In response to Commissioner Merz's question as to why the Applicant chose to include parking in
the project the Applicant explained the retail and residential would need parking despite the
exemption in state law for projects within a half mile of major transit stops.
Chair Kamenjarin called for a recess at 6:15 p.m.
Chair Kamenjarin reconvened the meeting at 6:26 p.m.
In response to Commissioner Merz's inquiry, City Planner, Eric Lardy, confirmed that the property
is in the freeway commercial district and there are a number of allowed uses, including residential
and commercial. In response to a request from Commissioner Merz, Mr. Lardy clarified that a
project with 100 % residential would be allowed in the freeway commercial district.
July 17, 2024 Planning Commissioner Regular Meeting Page 3
Sr. Assistant City Attorney, Allegra Frost, reviewed the requirements of the Housing Accountability
Act and State Density Bonus Law.
In response to Commissioner Lafferty's inquiry, Senior Planner, Jason Goff, confirmed that the
existing four parcels are being consolidated into two lots with the residential on one lot and the
commercial on the other lot and since the proposed land use is mixed use, it is considered one
project combined, which does allow the resulting density to be calculated based on whole site.
He also affirmed that either lot could be sold separately by the developer for future ownership.
Chair Kamenjarin opened public testimony at 6:43 p.m.
The following individuals wanted their opposition to Staff's recommendation for Item 1 to be
noted for the record but did not to speak at the meeting: Debbie Robertson, John Robertson, Pat
Eggleston, Rose Laske, Kevin Krause.
The following individuals spoke in favor of staff's recommendation for Item 1 prior to the first
recess: Bret Schanzenbach, Erik Bruvold, Nina Esper.
The following individuals spoke in opposition to the staff's recommendation for Item 1:
Alan Wanamaker, Clarisa Oas on behalf of Jean Isabel, Rose Laski, Robert Medina, Julie Ajdour,
Paige DeCino and Gary Nessim.
Martin Danner spoke on behalf of himself and Jorgina Walters, Endre Algover, Kenneth Langen
Kristin Wright spoke on behalf of herself and Darlene Gillis, Christine Zamora and Diane
Bedrosian.
Steve Linke spoke on behalf of himself and Penny Johnson, Lucy Sargeant, Elizabeth Delonge and
Vivian Kidnew.
Clyde Wickham spoke on behalf of himself and Leslie Laurer, Julie Mennen and Tom Brenner.
Kim Staley spoke on behalf of herself and Bonita Burrows, Dale Greenhalg, Ron Bruno, Maggie
Clements and Debra Miller.
Chair Kamenjarin called for a recess at 7:52 p.m.
Chair Kamenjarin reconvened the meeting at 8:03 p.m.
The following additional individuals spoke in opposition to the staff's recommendation for Item
1. Nikkie Rudden, Michael Farraher, Jim Conelly, Debra Miller and Patty Segovia.
Chace Kayle spoke in support of the staff's recommendation for Item 1.
Hearing no one else wishing to speak, Chair Kamenjarin closed public testimony at 8:17 p.m.
July 17, 2024 Planning Commissioner Regular Meeting Page 4
In response to Commissioner Stine's inquiry regarding the public outreach on this project,
Applicant representative, Jonathan Frankel, explained that the Applicant completed all that was
required including, the U.S. post mailing of the mandated Notice of Application to all property
owners within a 600 ft. radius of the project, a sign posted on the project site which included the
web address for project comments and there were two meetings held that were open to the
public; plus some individual meetings with the public and himself
In response to Commissioner Meenes inquiry, City Planner, Eric Lardy explained the California
Environmental Quality Act {CEQA) exemption approval process. Jason Geldert, Engineering
Manager added that the applicant conformed to the city's guidelines for CEQA. Additionally, Mr.
Geldert introduced Katy Cole, the city's consultant traffic engineer from the consulting firm Fehr
and Peers. At the request of the commission, Ms. Cole provided her resume of expertise in traffic
engineering and vehicle miles traveled (VMT}. She discussed her firm's conclusion that the
Applicant's analysis was appropriate, and the project would be presumed to have a less than
significant environmental impact in the area.
In response to Commissioner Lafferty's inquiry, Engineering Manager, Jason Geldert, responded
that there was no evaluation of pedestrian traffic.
Commissioner Merz emphasized that the current project is meeting all the city or state's zoning
requirements and laws, so it is not in the Commission's purview to determine the terms of a legal
contract between two parties.
In response to Commissioner Dana's question, Engineering Manager, Jason Geldert, explained
that "ADT" is a traffic count related to congestion used for the city's local mobility analysis on
certain roadways in the city, whereas "VMT" (vehicle miles traveled) is a measure that was
developed by the state to encourage infill development and multimodal transportation. Mr.
Geldert explained that this project would produce less trips than the existing site. Nathan
Schmidt, Transportation Planning and Mobility Manager, explained why the proposed project
would produce fewer trips than the existing commercial site.
In response to Commissioner Danna's inquiry for summarization of the key laws governing the
Commission's decision on this item, Sr. Assistant City Attorney, Allegra Frost, emphasized that
based on current state laws including the Housing Accountability Act and State Density Bonus
Law, in order to deny the project, the City would need to make certain findings, including
identifying an objective, written health and safety standard, policy, or condition, that was in place
at the time the application was deemed complete.
Commissioner Discussion ensued.
Motion made by Commissioner Stine, seconded by Commissioner Meenes, to adopt the
Resolution recommending approval of Site Development Plan, SDP 2023-0014, Carlsbad Village
Mixed Use. 5/2/0. (Kamenjarin, Lafferty-No)