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HomeMy WebLinkAbout2013-05-15; Planning Commission; MinutesPlanning Commission Minutes May 15, 2013 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: May 15, 2013 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Siekmann called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Scully led the Pledge of Allegiance. ROLL CALL Present: Chairperson Siekmann, Commissioners Black, L’Heureux, Schumacher, Scully and Segall Absent: None STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Christer Westman, Senior Planner Scott Donnell, Senior Planner Shannon Werneke, Associate Planner Greg Fisher, Assistant Planner Glen Van Peski, Engineering Manager David Rick, Associate Engineer APPROVAL OF MINUTES Chairperson Siekmann asked if there were any corrections or revisions to the minutes of the meeting from May 1, 2013. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of May 1, 2013. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item. Planning Commission Minutes May 15, 2013 Page 2 2. CUP 94-09x2(A)/CDP 13-02 – MCDONALD’S RESTAURANT – Request for a recommendation of approval of a Conditional Use Permit Amendment and Coastal Development Permit to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald’s) building on a 0.75-acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Mr. Neu stated Agenda Item 2 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 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 2. Chairperson Siekmann asked if any member of the audience wished to address Agenda Item 2. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve Agenda Item 2. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 1. CUP 01-12X1(A) – MONTESSORI ARTS AND SCIENCES SCHOOL – Request for an amendment to Conditional Use Permit CUP 01-12X1 to increase the maximum number of students allowed from 36 to 49 and to approve the project with no expiration date for the Montessori Arts and Sciences School located at 3016 Highland Drive, Carlsbad CA in Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Schumacher asked if the CUP runs with the land and if the permit would come before the Commission if there were a change in the operator of the school. Mr. Westman stated that the permit would still be valid, subject to the same conditions of the approval, and it would not come before Commission. Commissioner Segall asked if the project could be brought before the Commission if any issues were to arise. Mr. Westman responded yes. Commissioner Scully asked what the capacity would be if a charter school went into the building. Mr. Westman commented that an amendment would need to be applied for to increase the number of students which would then come to the Commission for approval. Planning Commission Minutes May 15, 2013 Page 3 Chairperson Siekmann acknowledged receipt of two letters of support from citizens and a letter from the applicant for the project. Janann Taylor, director of Montessori Arts and Sciences School, gave a brief presentation and stated she would be available answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 1. Michele Levy, 3021 Highland Drive, Carlsbad, asked the Commission to deny the request for the extension. She stated she is concerned about traffic turning into the site. Ms. Levy also stated that parking is an issue when there are school events. Commissioner L’Heureux asked if Ms. Levy receives any notifications for school events. Ms. Levy stated no. Whitnie Rasmussen, 3167 Madison Street, Carlsbad, spoke in favor of the project. She stated that there are guidelines for parking in the school handbook. Michaelangelo Sorbie, who lives in Oceanside, spoke in favor of the project, and has not seen any traffic incidents in the years that he has had a student at the school. Maria Baker, grandparent of a former student, stated that Ms. Taylor is very strict regarding the parking at the school. She stated there is never any parking congestion. Kip McBane, 2691 Crest Drive, Carlsbad, stated he has never seen any operational issues with the school and commented that the Commission should approve the item. Stacy Fereionie, Carlsbad, stated she has not encountered any traffic issues around the project site. Regan Kerwin, 731 Vista Canyon Circle, Vista, stated she is in support of the project. Chairperson Siekmann asked if the applicant wished to address any of the issues raised during public testimony. Ms. Taylor stated she is trying to be compliant with the conditions of the permit. Commissioner Segall asked if there are any other issues with any other neighbors aside from Ms. Levy. Ms. Taylor stated not to her knowledge. Commissioner Scully asked how many functions are held onsite. Ms. Taylor stated there are 4 events which include all the grades at the school. She further stated that the current enrollment is at the maximum level and there is no waiting list for next year. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony. Chairperson Siekmann asked if Staff wished to respond to any issues raised during public testimony. David Rick, Associate Engineer, stated that he visited the project site on 3 different occasions and did not observe any visible traffic issues. Mr. Rick commented that there was a slight congestion turning left into the site; however it was minimal. Commissioner Schumacher asked if cars could pass on the right of any cars waiting to enter the project site. Mr. Rick stated the street is too narrow. Commissioner Schumacher asked if there have been any traffic incidents at the site. Mr. Rick stated there have not been any in the past 5 years. Commissioner Schumacher asked if there have been complaints from the neighbors. Mr. Westman stated no. Commissioner Schumacher asked about the noticing radius for the project. Mr. Westman stated that notices are sent to properties within a 600 foot radius. Planning Commission Minutes May 15, 2013 Page 4 DISCUSSION Commissioner Schumacher stated he is in support of the project. Because of the noticing radius and the fact that there have not been any complaints, he can support the project. Commissioner Segall stated he is happy to see residents come out in support of the project. He can support the project. Commissioner L’Heureux commented that if there were any issues, staff would have heard about it by now. He can support the project. Commissioner Scully stated she can support the project given the number of students. Commissioner Black stated his concurrence with his fellow Commissioners. He stated he can support the project. Chairperson Siekmann stated she too can support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6975 approving Conditional Use Permit Amendment CUP 01-12x1(A) based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 3. 3. RP 13-03 – CARLSBAD FARMERS MARKET – Request for a recommendation of approval of a Major Review Permit to relocate the existing Wednesday Certified Farmers Market from a public parking lot off of Roosevelt Street to the 2900 block of State Street, between Grand Avenue to the north and Carlsbad Village Drive to the south, for an initial timeframe of two (2) years, every Wednesday from 1:30 p.m. to 8:00 p.m. in the summer and 1:30 p.m. to 7:00 p.m. in the winter, in Land Use District 1 of the Village Review Zone. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Chairperson Siekmann acknowledged receipt of a letter from Mr. Weiland as well as an errata sheet for the item. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Black asked if a porta-potty will be made available for all visitors. Ms. Werneke directed the Commission’s attention to a slide on the screen and indicated the location of the restroom. Planning Commission Minutes May 15, 2013 Page 5 Commissioner Scully asked if the curb cafes on State Street will impact the pedestrian traffic flow. Ms. Werneke again directed the Commission’s attention to a slide on the screen and clarified how pedestrians will move through the market. Commissioner Segall asked how much latitude the City Planner has in modifying this plan. Mr. Neu stated that the conditions of approval are written so that most changes could be handled administratively. Commissioner Segall asked if there is better system regarding the requirement to place cars at each end of the market. Ms. Werneke stated that the cars will be there on a temporary basis until bollards are installed. Commissioner Segall asked about a traffic mitigation program. Ms. Werneke stated that after reviewing the traffic control plan, there will be a series of cones placed approximately every 10 feet on both Carlsbad Village Drive and Grand Avenue to block any turns onto State Street. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Steve Gibson, 530 Grand Avenue, representing Urban Place Consulting Group, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Segall asked about the timetable for installing bollards. Mr. Gibson stated it is their desire to have them installed in two to three months in order to make sure the site is successful. He further stated that the trucks placed behind the barricades will be vendors trucks. Commissioner Segall asked how they will set up the market within one hour. Mr. Gibson stated it most likely will not happen within one hour, and the hours of operation have changed to have the market open at 3:00. He further mentioned that it will take 1.5 hours to open the market. Commissioner Segall asked about the plan for managing cars. Mr. Gibson stated that no parking signs will be posted 72 hours prior to the event and flyers will be placed in the businesses along State Street. Commissioner Scully asked about marketing plans for the entire city. Mr. Gibson stated that marketing will be done through the city’s communication lines. There will be advertising in the Carlsbad magazine as well as the Union Tribune. Commissioner Scully asked if there will be something easily and readily available on the website. Commissioner Scully asked about timing if the project is approved at Council. Mr. Gibson stated that if the project is approved at Council, they hope to be at the new location by July 1st. Commissioner Scully asked if the current market is certified. Mr. Gibson stated yes. Commissioner L’Heureux asked who will pay for the bollards. Mr. Gibson stated he was not sure. Commissioner L’Heureux asked what will happen in the middle of the street. Mr. Gibson stated it will be a fire lane and will be very open. Commissioner L’Heureux asked if there will be an onsite manager. Mr. Gibson stated yes at all times. Commissioner L’Heureux stated his concern is regarding the lack of signs for parking for the event. Mr. Gibson stated it is in the CIP program and the program is ready to go once approved. Commssioner L’Heureux suggested electric signs with arrows even it is temporary until the wayfinding signs are installed. Mr. Gibson stated there are temporary signs proposed in the master plan. Commissioner Segall asked if the Saturday farmers market will be at the Roosevelt location. Mr. Gibson stated the Saturday market will stop at the end of June. Chairperson Siekmann asked about ADA access. Mr. Gibson stated the market will be ADA accessible. Chairperson Siekmann asked why this block was chosen for the new site. Mr. Gibson stated this proposed location was the one determined to provide the most change, and they hope to grow and be very successful. Chairperson Siekmann asked if there were any push back from the retailers on that block. Mr. Gibson stated not everyone is happy about the move, but the vast majority does approve. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she opened the public testimony. Belyn Gonzales, 2728 Chestnut Avenue, Carlsbad, owner/operator of Garcia’s Restaurant, stated she is looking forward to this project. Planning Commission Minutes May 15, 2013 Page 6 Doug Avis, 550 Laguna Drive, Carlsbad, on the CVA Board of Directors, stated they are in support of the project. Phil Mulloy, 2970 State Street, Carlsbad, stated he is not sure the Farmers Market will bring in customers to the Village. He feels more studies should be done regarding feasibility. Mr. Mulloy stated his concerns regarding trash and parking. Greg Visantaner, 2906 State Street, stated his support of the project. Alan Wanamaker, restaurant owner in Carlsbad and vendor at the Farmers Market, stated his support of the item; however he would like to see the bollards installed as soon as possible. Andrea Debaay, 1571 Buckboard Drive, Oceanside, currently a vendor at the Farmers Market, stated her support of the project; however, she is concerned about the hours of operation. She is in favor of early morning hours for the market. Commissioner Segall asked for the best hours for farmers markets. Ms. Debaay stated ideally 9:00-1:00, 10:00-2:00 or even as late as 3:00 or 4:00 in the afternoon. Vonda Lee, owner of California Cheesecakes in a Cup, a vendor at the Farmers Market, stated her support of the project. Jim Clarke, 5225 Carlsbad Village Drive, Carlsbad, stated he is in favor of the project. Steve Berdan, 4823 Windjammer Way, Carlsbad, stated the current Farmers Market is too small and he is in favor of the project. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Chairperson Siekmann asked if the applicant wished to respond to any of the issues brought up during public testimony. Mr. Gibson commented that there are conflicts between the tenants and the property owners. He assured the Commission that this will not be a craft market and it will not be a market like that in Oceanside. Commissioner L’Heureux stated that there will have to be lights if the market will be open in the evening during the winter. Commissioner L’Heureux asked if there are any residents in the buildings along State Street. Mr. Gibson stated yes and that the tenant parks behind the building. Commissioner L’Heureux asked if the craft booths will be interspersed throughout or clumped together. Mr. Gibson stated it would depend on if there are any actual craft booths. Mr. Gibson stated the certification requires a certain number of produce booths. Commissioner L’Heureux asked if interesting or vintage cars could be used for the temporary blockades. Mr. Gibson stated it is something that can be looked at. Commissioner Scully asked how many other Farmers Markets are using car barricades. Ashley Gibson, with Urban Place Consulting, stated the Farmers Market in San Luis Obispo uses that type of barricade. Commissioner Black stated he finds the vehicles behind the barricades unacceptable. Mr. Gibson stated it was a requirement from the City’s Transportation Department. Commissioner Segall asked about the plan to provide power to the vendors. Mr. Gibson stated it is somewhat limited. They might have to have a generator. Commissioner Segall asked why the stands will be oriented towards the businesses. Mr. Gibson stated it is because it will benefit the businesses as well as the vendors. Chairperson Siekmann closed public testimony. Commissioner Scully commented that she is not comfortable with the vehicles being parked behind the barricades. Planning Commission Minutes May 15, 2013 Page 7 Commissioner Segall stated that he does not mind having the vehicles on an interim basis until the bollards are installed but it should be requested that those are installed as soon as possible. Mr. Neu stated that because it is an expenditure of city funds, the Council would want to make sure the market is successful. Commissioner Schumacher stated he agrees with Commissioner Segall. He stated that having vehicles parked behind the barricades causes more of a safety issue. Commissioner L’Heureux stated he would be in favor of modifying the condition to remove the vehicles and to add a condition to install the bollards. Jane Mobaldi, Assistant City Attorney, pointed out that the bollards would be installed in the public right- of-way at the city’s expense. It would be preferable for the Commission to add a condition regarding the vehicles behind the barricades, which is within the applicant’s control. MINUTE MOTION ACTION: Motion by Commissioner Schumacher and duly seconded, that the Planning Commission recommend to the City Council that they expedite the installation of the bollards. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, and Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Ms. Werneke commented that the Commission could then disregard the errata sheet for the item and keep the originally proposed condition. DISCUSSION Commissioner Schumacher commented that he hopes this will bring energy and vibrancy to downtown. He stated he can support the project. Commissioner Segall stated he can support the project and this will be a great way to attract more people to the Village. Commissioner L’Heureux thanked the applicant and staff for bringing the project forward. He stated he can support the item. Commissioner Scully stated she stated she can support the project. Commissioner Black stated he is in favor of the project. Chairperson Siekmann stated she can also support the project. Planning Commission Minutes May 15, 2013 Page 8 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6976 recommending approval of Major Review Permit RP 13-03 to the City Council based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, and Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3. RECESS Chairperson Siekmann called for a 5 minute recess at 9:10 p.m. MEETING CALLED TO ORDER Chairperson Siekmann called the meeting to order at 9:20 p.m. with all Commissioners present, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 4. 4. MP 12-01(A) – VILLAGE MASTER PLAN CHANGES – A request to recommend approval of staff-proposed changes to the Village Master Plan and Design Manual. Changes are proposed to stimulate Village development and activity and improve use of the document through minor clarifications and edits. Mr. Neu introduced Agenda Item 4 and stated Senior Planner Scott Donnell would make the staff presentation. Mr. Donnell gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann acknowledged receipt of an email from Tom McMahon as well as an errata sheet. Chairperson Siekmann asked if there were any questions of Staff. Seeing none, she opened public testimony on the item. Steve Gibson, representing Urban Place Consulting, provided some background information on the item and stated his support of the project. Doug Avis, 550 Laguna Drive, Carlsbad, chairman of the CVA Board of Directors, spoke in favor of the project. Tom McMahon, 428 Park Drive, Carlsbad, owner of the Carlsbad Village Theater, stated he is in favor of the proposed changes. Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Mario Monroy, 749 Magnolia Avenue, Carlsbad, spoke about recent home sales in the Barrio. Chairperson Siekmann closed public testimony on the item. Commissioner Segall stated the in-lieu parking fee is the biggest killer of businesses in the Village. Mr. Neu stated staff proposed an expansion of the area that is eligible to use the parking in-lieu fee program. Planning Commission Minutes May 15, 2013 Page 9 The fee is still a fraction of what would be needed to construct a parking structure. Mr. Neu suggested that the Commission leave the item in. Mr. Neu stated that other proposed changes would allow the conversion of buildings and tenant spaces to occur without paying the fee. Commissioner Segall asked when the fees are collected. Mr. Neu stated the fees are paid prior to the issuance of a building permit. Commissioner Schumacher asked about the coastal commission and proposed changes not included in other parts of the village. Mr. Donnell responded that there will be a comprehensive amendment to the master plan. Commissioner Schumacher asked when the other changes would happen. Mr. Donnell stated he does not have a timeline. MOTION TO CONTINUE MEETING The Commission voted 6-0 to continue the meeting until 10:15 p.m. DISCUSSION Commissioner Schumacher commented that these are meaningful changes. He feels the in-lieu fee is necessary but feels there should be a plan to deploy the funds. Commissioner Schumacher stated his support of the project. Commissioner Segall stated he can support the project. He would like to see some analysis of the in-lieu fee. Commissioner L’Heureux thanked staff for the excellent report. He suggested that the City Council or Staff could create a deferral program for the in-lieu fee. He has concerns with the elimination of guest parking and flat pitch roofs however he can support the project. Commissioner Scully stated this is a fairly comprehensive plan of integrating residential and commercial areas. She stated the parking in-lieu fees are acceptable. Commissioner Scully stated she can support the project. Commissioner Black also stated he can support the project. Chairperson Siekmann stated she can also support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6977 recommending approval of MP 12-01(A) based on the findings contained therein. VOTE: 6-0 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 4 and thanked Staff for their presentations. COMMISSION COMMENTS None. Planning Commission Minutes May 15,2013 Page 10 CITY PLANNER COMMENTS Mr. Neu stated that an appeal has been filed on the approval of the SDG&E Steel Pole Wireless Communications Facility and a lawsuit has been filed regarding the Quarry Creek project. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 15, 2013, was adjourned at 10:15 p.m. ~~ DON NEU City Planner Bridget Desmarais Minutes Clerk