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HomeMy WebLinkAbout2012-11-07; Planning Commission; MinutesPlanning Commission Minutes November 7, 2012 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: November 7, 2012 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Schumacher called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Arnold led the Pledge of Allegiance. ROLL CALL Present: Chairperson Schumacher, Commissioners Arnold, Black, L’Heureux, Scully and Siekmann Absent: Commissioner Nygaard STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Shannon Werneke, Associate Planner Glen Van Peski, Engineering Manager Chairperson Schumacher directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during the evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Diane Nygaard, 5020 Nighthawk Way, Oceanside, representing Preserve Calavera, gave a presentation regarding wildlife signage. Commissioner L’Heureux asked who would be responsible for some of the fixes as mentioned by Ms. Nygaard. Mr. Neu stated that many if not all would impact public rights-of-way. Staff will contact Mike Grim, Senior Planner, and will work with the maintenance staff. Commissioner L’Heureux asked for a report back of the status. Mr. Neu stated that would be acceptable. PLANNING COMMISSION PUBLIC HEARING Chairperson Schumacher asked Mr. Neu to introduce the first item. 1. SDP 05-04x2 – DKN HOTEL – A request for a two year retroactive extension of Site Development Plan 05-04x1 for the demolition of an existing hotel, restaurant, and single family residence and for the construction of a 3-story, 104-room hotel project on property located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue in Land Use District 9 of the Carlsbad Village Area Master Plan, in the Village Review and Mello II Segments of the Local Coastal Program and in Local Facilities Management Zone 1. Mr. 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 recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a Planning Commission Minutes November 7, 2012 Page 2 vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to pull Agenda Item 1. Commissioner L’Heureux asked how many more times this project can be extended. Mr. Neu stated he believes the project may be eligible for one additional 2-year extension. The applicant has all the required entitlements and permits for the project. Chairperson Schumacher asked if any member of the audience wished to address Agenda Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission approve Agenda Item 1. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L’Heureux, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next agenda item. 4. CUP 08-10 – 7412 CADENCIA RESIDENCE – Appeal of a City Planner determination that Conditional Use Permit (CUP) 08-10 is null and void. The CUP was previously approved for the continued operation of a Wireless Communications Facility (WCF) located at 7412 Cadencia Street. Mr. Neu introduced Agenda Item 4 and stated the applicant has requested a 90-day continuance until February 6, 2013. Commissioner L’Heureux stated he is not pleased with the request for a continuance, and he will not support any further continuances regarding the project. MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission continue Agenda Item 4 until a date certain of February 6, 2013. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L’Heureux, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 4 and asked Mr. Neu to introduce the next agenda item. 2. SDP 02-16(A) – COASTLINE COMMUNITY CHURCH – A request to allow existing temporary modular classroom buildings to remain onsite for an additional two year period from October 3, 2012 through October 3, 2014 on the 6.43 acre Coastline Community Church campus generally located south of Calle Barcelona and east of Paseo Aliso in Local Facilities Management Zone 12. Planning Commission Minutes November 7, 2012 Page 3 Mr. Neu introduced Agenda Item 2 and stated Senior Planner Christer Westman would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 2. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Jim Grant, 3434 Lilac Summit, gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Schumacher opened and closed public testimony. Commissioner L’Heureux asked how many more extensions this project can be granted. Mr. Westman stated that there is no limit on the number of extensions that can be granted. Chairperson Schumacher inquired about the landscaping upgrades as discussed by the applicant. Mr. Westman stated the applicant agreed to add trees along the western edge of the project as it was brought up to the applicant through the public hearing notice procedure. It is a voluntary action on the part of the applicant. Staff has not proposed a condition regarding this, however, if the Commission felt adding a condition would be appropriate, it could be done. Commissioner Scully asked if the applicant is anticipating moving forward with the project within the next two years. Mr. Grant stated it is their plan to move forward within two years but it would require an intensive fund raising initiative on the part of the church. DISCUSSION Commissioner Arnold understands the predicament given the economy and can support the request. Commissioner L’Heureux commented that he feels the applicant is being overly optimistic that all the work can be done within the allotted timeframe. While the applicant has not requested it, he can support an extension of a longer period of time. Commissioner L’Heureux further commented that if the landscaping is going to be done, it should become a condition included in the resolution. Commissioner Scully stated she concurred with Commissioner L’Heureux. Commissioner Black asked the applicant how much time the building process could take. The applicant stated approximately 4 years. Commissioner Black stated he is agreeable to that and he can support the project. Commissioner Siekmann asked if the landscaping issue could be an added condition. Ms. Mobaldi asked for clarification from Commissioner Siekmann if she would like to see enhanced landscaping around the modular buildings. Commissioner Siekmann stated yes. Commissioner Siekmann asked Ms. Mobaldi if the Commission could increase the extension to four years. Ms. Mobaldi stated yes. Mr. Neu asked for clarification regarding the additional landscaping. Chairperson Schumacher stated it is only on the westward facing portion of the modular building. Chairperson Schumacher agrees with adding the condition regarding the landscaping. He stated he can support the extension of time to be four years but he feels it could set precedence for other applicants. Commissioner Siekmann commented that the modular buildings are actually allowed a 5 year extension. Ms. Mobaldi stated that was correct. Planning Commission Minutes November 7, 2012 Page 4 Ms. Mobaldi proposed to amend Resolution No. 6924, Condition No. 1 to read “...through October 3, 2016.” She also proposed wording for the additional condition for landscaping to read, “Applicant shall enhance the landscaping on the west side elevation of the existing modular building to the satisfaction of the City Planner.” MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission approve Planning Commission Resolution No. 6924 approving Site Development Plan Amendment SDP 02-16(A) based on the findings and subject to the conditions contained therein including an amendment to Condition No. 1 as stated by the Assistant City Attorney and an additional condition as proposed by the Assistant City Attorney. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L’Heureux, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next agenda item. 3. CUP 10-12(A) – NEW JEWISH COMMUNITY COMPLEX BASEMENT – Request for a Conditional Use Permit Amendment to allow the addition of a full 4,412 square foot basement to a previously approved 3,023 square foot modular orthodox Jewish synagogue structure and associated 483 square foot modular restroom structure for the Chabad at La Costa on property located at 1980 La Costa Avenue in the Local Commercial (CL) Zone, in Local Facilities Management Zone 6. Mr. Neu introduced Agenda Item 3 and stated Senior Planner Christer Westman would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 3. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of Staff. Commissioner Siekmann commented that the ADTs for the project have doubled. Mr. Westman stated that is correct. The ADTs are generated based on square footage, according to the SANDAG Traffic Generation Rates. With the addition of square footage to a building, the ADTs associated with the project increase. Commissioner Siekmann asked if there is anything that the city can recommend that would prohibit left turns from the driveway. Glen Van Peski, Engineering Manager, stated that with the original approval a study was completed regarding collision rates as compared to similar roads. Staff found that the area was a fairly safe section of road. Staff however does not expect to see twice the traffic with this addition. Mr. Van Peski stated the only way to prevent left turns is to install a raised median; however staff does not recommend conditioning the project for something like that as there are long range plans for La Costa Avenue which do not include a raised median. Chairperson Schumacher asked if the applicant wished to make a presentation. Robert Richardson, Karnak Planning and Design, 2525 Pio Pico Suite 102, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of the applicant. Planning Commission Minutes November 7, 2012 Page 5 Commissioner Black asked about the intention for the excess dirt that will be created during the excavation. Mr. Richardson stated it will be hauled away. Commissioner Black asked if the haul trucks will be making a left hand turn out of the project site. Mr. Richardson stated that the construction workers will need to work with the traffic control plans. Chairperson Schumacher asked if there were any further questions of the applicant. Commissioner Siekmann asked if there will be educational type facilities for children with this addition. Mr. Eilford stated no, at night during the week there will be adult education classes and those who attend will drive. Commissioner Siekmann stated her concerns regarding the left turn out of the driveway. Chairperson Schumacher commented that he echoes Commissioner Siekmann’s concern regarding the left turn. He commented on the request for valet services. Mr. Eilford stated that during events such as bar mitzvahs, that type of service could be provided. Chairperson Schumacher asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Schumacher opened and closed public testimony. Commissioner L’Heureux asked if a no left turn sign could be installed. Mr. Van Peski stated that could be an option however it would not be a city sign as it would be on private property. Commissioner L’Heureux asked if any conditions needed to be added to address any issues regarding the haul trucks. Mr. Van Peski stated that those issues will be addressed when the applicant applies for a haul route permit. Mr. Neu clarified that Condition No. 19 of Resolution No. 6925 addresses those concerns. Commissioner Scully asked if the Traffic and Safety Commission could review this project to determine if there is a fix regarding the left turn. Mr. Neu stated that typically projects such as this do not go through the Traffic and Safety Commission. The Land Development Engineering staff review the projects and coordinate with the City’s Traffic Engineer. As Mr. Van Peski stated, based on the accident history, this project was not deemed to be a location that needed additional traffic measures. However, if after the project becomes operational there becomes a high accident rate, city staff would request that the project go before the Traffic and Safety Commission to determine what possible options exist. Chairperson Schumacher asked if it is within the purview for the Commission to request a no left turn sign when leaving the property. Ms. Mobaldi stated it could be conditioned that way but it would not be enforceable by police as it would be on private property. DISCUSSION Commissioner Arnold commented that the issue regarding the left turn was brought up during the original approval. He stated he does not feel the addition of a sign is warranted and he can support the project. Commissioner L’Heureux stated that the addition of a basement is a creative solution to the soils issue on the site. In regards to the sign, he commented that he is more concerned with the drivers who are not as familiar with the project site and the area. Commissioner L’Heureux commented that a simple No Left Turn sign would be sufficient. Commissioner Scully commented that she understands the concern regarding the left turn however she is ambivalent about the issue. She feels the new wider driveway will make the entrance and exit safer for the drivers. Commissioner Black stated he feels that if any sign is to be erected it should be just a “caution” sign; however he commented that he is not too concerned. He stated he can support the project. Commissioner Siekmann asked what wording would be placed on a caution sign. Mr. Van Peski stated signs could be requested to say anything. Commissioner Siekmann feels that an addition of a basement means more people which in turn means more drivers. She stated that she would like to see some type of warning sign when exiting the site. Planning Commission Minutes November 7, 2012 Page 6 Commissioner Siekmann asked if the applicant would be agreeable to placing a sign on their property. Mr. Eilford stated that he is agreeable to a simple “Caution When Exiting” sign. The Commission discussed the need for a sign regarding left turns from the site and possible wording to include on a sign. The Commission agreed on a sign reading “Caution When Exiting.” MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6925 approving CUP 10- 12(A) based upon the findings and subject to the conditions contained therein with an added condition for a cautionary sign to be placed at the exit. VOTE: 6-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L’Heureux, Commissioner Scully, and Commissioner Siekmann NOES: None ABSENT: Commissioner Nygaard ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next agenda item. 5. SDP 90-05(G)/CUP 12-08/CDP 12-14 – PALOMAR PLACE RETAIL CENTER – Request for approval of a Site Development Plan Amendment and a recommendation of approval for a Conditional Use Permit and Coastal Development Permit to allow for a 2,816 square foot expansion to an existing 5,263 square foot commercial building formerly occupied by Pat & Oscar’s and the construction of a 7,621 square foot freestanding commercial building on a 1.75-acre parcel located on the southwest corner of Palomar Airport Road and Armada Drive, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 5. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Schumacher opened the public hearing on Agenda Item 5. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Chairperson Schumacher asked if there were any questions of Staff. Commissioner Arnold asked if the store logos will be on the signs. Ms. Werneke stated she has not seen the details for the logos on the monument sign and deferred the question to the applicant. Commissioner Arnold asked if the sidewalk along Palomar Airport Road will be enhanced to be a landscaped parkway. Ms. Werneke stated no. Chairperson Schumacher asked if the applicant wished to make a presentation. Nick Foussianes, 12838 Stebick Court, San Diego, gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of the applicant. Commissioner Arnold asked if the monument sign will have store logos. Mr. Foussianes stated that would be the preference of the tenants. Commissioner Siekmann commented that the project seems to be a very dark project. She asked if the applicant would consider a warmer color palette for the buildings and if the mullions or window class Planning Commission Minutes November 7, 2012 Page 7 could be different colors. Mr. Foussianes stated the window panes and mullions are proposed to be anodized bronze which has a wood feeling to it. He stated they are flexible with the color choices and would be open to considering a lighter color. Commissioner Black asked for the purpose of the tower. Mr. Foussianes stated it is a means for visibility to the center from Palomar Airport Road. Commissioner Black asked if the market study shows that there will be enough traffic for the project. Mr. Foussianes stated yes. Commissioner Scully asked about the circulation of traffic. Mr. Foussianes stated the calculus in the code addresses and provides for that. He stated that because this is a less intense use than the previous use with less ADT, they were able to add another building on the site. The traffic study prepared for the previous use was updated with this application. The project is proposing less daily trips than the previous project. Ms. Werneke confirmed that there will be a net decrease in 72 ADT with this new project based on the difference in uses. Ms. Werneke further stated that the intersection of Palomar Airport Road and Armada currently operates at a Level of Service A during the peak a.m. hours and a Level of Service of C during the peak p.m. hours which are acceptable levels of service. She also stated that over the course of four years there have only been 4 traffic accidents at that intersection. Chairperson Schumacher asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Schumacher opened and closed public testimony. Commissioner Siekmann commented that the applicant is agreeable to working on the proposed colors. Ms. Werneke stated staff could work with the applicant and have it as an added condition. DISCUSSION Commissioner Arnold commended the applicant for coming up with a more innovative design. Commissioner L’Heureux stated he has real problems with this project. It is not something he would be proud of to have in the city. With the kinds of proposed businesses and the type of traffic it will generate, it will only create a nightmare for traffic. He feels it is a much too intense use for the site and he cannot support the project. Commissioner Scully stated she cannot support the project. She stated most of the time it takes several cycles of lights just to enter the site. To add nine more businesses will only add to the congestion. Commissioner Scully stated that the building is awful and is not appropriate for the area. She stated she cannot support the project. Commissioner Black stated he can support the project with consideration to changing the colors. Commissioner Siekmann can also support the project and would like to suggest a condition regarding a warmer more appealing combination of colors for the buildings, more travertine and less wood. Chairperson Schumacher applauded the applicant for not coming forward with a stucco building. He supports Commissioner Siekmann’s request for a warmer look for the colors. He feels that what the applicant is proposing, while it will bring more traffic, it will be a nice addition to the center. Ms. Mobaldi suggested that if the Commission is going to change the project design or colors, the Commission needs to provide specific direction to staff and the applicant as to where they would like to see changes. Commissioner Siekmann suggested the color of wood to be like the color used on the Newsstand Store at Westfield UTC. She further suggested that the stucco above the columns to be travertine tile. Mr. Foussianes stated he was agreeable to that. Commissioner Siekmann further suggested that the color of mullions blend more with the windows. Mr. Neu stated that a new Condition No. 15 would be added to Resolution No. 6922 to read “The building architecture and the materials shall be revised to the satisfaction of the City Planner to incorporate the CORRECTED Planning Commission Minutes November 7, 2012 Page 8 following prior to the issuance of a building permit: utilize a warmer tone for exterior wood surfaces similar to the Westfield UTC project "Newsstand" tenant space; the color of window mullions/storefront metal surfaces shall be revised to a lighter color; and Travertine shall be utilized above storefront columns. Chairperson Schumacher asked for a show of support for the added condition regarding the design changes. The Commission supported it 4-2. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6921 approving Site Development Plan Amendment SDP 90-05(G) and adopt Planning Commission Resolutions No. 6922 and 6923 recommending approval of Conditional Use Permit CUP 12-08 and Coastal Development Permit CDP 12-14, based on the findings and subject to the conditions contained therein including additional Condition No. 15 to Resolution No. 6922. 4-2 Chairperson Schumacher, Commissioner Arnold, Commissioner Black, and Commissioner Siekmann Commissioner L'Heureux and Commissioner Scully Commissioner Nygaard ABSTAIN: · None Chairperson Schumacher closed the public hearing on Agenda Item 5 and thanked Staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS Mr. Neu informed the Commission of upcoming additional briefing times due to the Quarry Creek project and the Westfield Carlsbad project. Commissioner L'Heureux stated that it would be helpful to arrange a tour of the Quarry Creek site. CITY ATTORNEY COMMENTS Ms. Mobaldi stated the Council denied the Gunther appeal 3-2. Ms. Mobaldi also updated the Commission on the Appellate Court decision regarding the lawsuit filed by Friends of Aviara challenging approval of the Housing Element. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of November 7, 2012, was adjourned [)t DON NEU City Planner Bridget Desmarais Minutes Clerk