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HomeMy WebLinkAbout2013-08-07; Planning Commission; MinutesPlanning Commission Minutes August 7, 2013 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: August 7, 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 Schumacher led the Pledge of Allegiance. ROLL CALL Present: Chairperson Siekmann, Commissioners Anderson, Black, L’Heureux, Schumacher, Scully and Segall Absent: None STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Van Lynch, Senior Planner Jason Geldert, Senior Engineer PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Sharon Lightholder, 2832 Via Conquistador, Carlsbad, spoke regarding project number SDP 12-05 - Faith Community Church, stating her concerns with the overflow parking and standards in the neighborhood. Ms. Lightholder asked the Planning Commission to consider an administrative standard to adopt a fact based parking requirement. Commissioner Segall asked if Ms. Lightholder was going to attend the upcoming hearing. Ms. Lightholder stated yes. Jane Mobaldi, Assistant City Attorney, informed Ms. Lightholder that she may submit comments in writing to the City Council, who sets the parking standards for the community. Linda Geldner, 2814 Rancho Pancho, Carlsbad, also spoke in regards to the Faith Community Church parking and safety concerns. Ms. Geldner requested that the Planning Commission approve the project based on phases 1 and 2, and requested that the applicant apply for an amendment on phase 3 to ensure adequate parking is provided. Chairperson Siekmann asked if there were any questions for the speaker. Don Neu, City Planner, stated that the comments are recorded and will be included in the minutes of the meeting. The minutes will be attached to the staff report so that the Commission has the comments made by the speakers at the time the project is considered. Ms. Mobaldi stated that Ms. Geldner submitted a written letter for the Planning Commission. Planning Commission Minutes August 7, 2013 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 2. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS – Request for the approval of a Conditional Use Permit amendment CUP 190(C) to rescind Conditional Use Permit CUP 190(B), and the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to allow for the existing 24 apartment units to remain onsite and be made available for rent to the general public on property generally located at 1400 Flametree Lane in Local Facilities Management Zone 20. The project is exempt from the provisions of CEQA per the General Rule [CEQA Guidelines Section 15061(b)(3)]. 3. GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER – Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and a vacant lot with approvals for another 50,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. Mr. Neu stated Agenda Items 2 and 3 would normally be heard in a public hearing context; however, the projects appear 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 comment on Agenda Items 2 or 3. Chairperson Siekmann asked if any member of the audience wished to address Agenda Items 2 or 3. A gentleman stated he wished to speak on Agenda Item 2. Chairperson Siekmann pulled Agenda Item 2 from the consent items. Chairperson Siekmann opened and closed public testimony on Agenda Item 3. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve Agenda Item 3 including the errata sheet dated August 7, 2013. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Anderson, 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 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. Planning Commission Minutes August 7, 2013 Page 3 1. SDP 01-04(A) – LA COSTA TOWN SQUARE – Request for approval of a Site Development Plan Amendment (SDP 01-04(A)) to allow for the provision of common parking facilities in lieu of individual use parking requirements and approve an 8.3 percent parking reduction within the La Costa Town Square shopping center generally located on the northeasterly corner of La Costa Avenue and Rancho Santa Fe Road in Neighborhood 13A of the La Costa Master Plan and in Local Facilities Management Zone 11. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Van Lynch would make the staff presentation. Mr. Lynch gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner L’Heureux asked about the maximum number of parking spaces that will be reduced and if there still is a 120 space reduction if all the outdoor dining is utilized. Mr. Lynch stated that the areas that are not utilized would not generate a parking demand, but the overall project would still have 120 fewer spaces for the use of the plaza areas. Chairperson Siekmann stated that the outdoor dining area will be increasing in size which changes the parking ratio. Mr. Lynch stated no existing parking spaces will be removed from the plan. Mr. Lynch also stated the reduction is to utilize more of the plaza’s outdoor areas which do generate parking. Commissioner L’Heureux inquired about the parking reduction and the number of parking spaces that may be compromised. Mr. Lynch clarified that the project is designed with the square footage of the buildings and with adequate parking on the site. Mr. Lynch also stated the addition of the exterior plaza area which generates parking, creates a greater number of required parking spaces. The parking for the outdoor plazas will not be provided and that is at the request of the applicant. Chairperson Siekmann clarified that the outdoor areas are treated as though they add square footage to the property, rather than increasing or reducing parking spaces. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Mark Langan, architect, 13280 Evening Creek Drive, San Diego, gave a brief presentation and asked if there were any questions. Commissioner Schumacher inquired about the change of the restaurant outdoor seating area from when the project was approved in 2009. Mr. Langan stated that the project has gone through some changes due to the economy, including a different developer. Commissioner Anderson stated her concerns with the parking reduction, the size of the lot, and the amount of people who may access the property to its fullest extent. Mr. Langan responded stating the project’s type of use is a neighborhood commercial center, with both heavy and light uses on the site and parking. Mr. Neu stated that per the Municipal Code, the rate of an individual retail parking space is 1 per 300 square feet and the rate for shopping centers is 1 per 200 square feet. The higher rate was created to account for the variety of tenants that locate in a shopping center. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Segall asked if the applicant could specify the types of businesses that will occupy the center. Juan Arriaga, developer at Property Development Centers, 5918 Stoneridge Mall Road, Pleasanton, California 94588, stated that due to letters of intent, he is not able to release the names of the occupants of the property. Mr. Arriaga also stated the nature of the shops that will occupy the project will include a Vons, a fitness center, a pet store, soft apparel stores, some restaurants, a financial Planning Commission Minutes August 7, 2013 Page 4 institution, a pharmacy, a gas station, dry cleaners, a beauty parlor/spa, a coffee shop and an ice cream shop. Commissioner Segall inquired about the provision of the outdoor seating area in buildings 13 and 23. Mr. Arriaga responded stating they agreed to comply with Vons restrictions not to have any food tenants in building 23. Chairperson Siekmann asked if there were any further questions of the applicant. Chairperson Siekmann asked how the plan caters to the community in regards to it being pedestrian friendly. Mr. Langan responded stating that there are 3 different access points to the property: the sidewalks off of Rancho Santa Fe, the center of Main Street, and the eastern end of the project. Mr. Langan also stated an open area surrounding the property is connected to other areas for pedestrians to access the shops. Chairperson Siekmann asked if there were any members of the audience who wished to speak on the item. Seeing none, she opened and closed public testimony. DISCUSSION Commissioner Schumacher stated he can support the project and agrees with the findings. Commissioner Segall stated that while he has some concerns with parking, he can support the project. Commissioner L’Heureux stated he can support the project. Commissioner Scully stated she can also support the project. Commissioner Anderson stated she had concerns with adding 24,000 square feet to the property and not accommodating parking. Because of those concerns, she does not support the project. Commissioner Black stated he can support the project. Chairperson Siekmann also stated she can support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission that the Planning Commission adopt Planning Commission Resolution No. 6995 approving Site Development Plan Amendment SDP 01-04(A) based on the findings and subject to the conditions contained therein including the errata sheet dated August 7, 2013. VOTE: 6-1 AYES: Chairperson Siekmann, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall. NOES: Commissioner Anderson 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 2. Planning Commission Minutes August 7, 2013 Page 5 2. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS – Request for the approval of a Conditional Use Permit amendment CUP 190(C) to rescind Conditional Use Permit CUP 190(B), and the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to allow for the existing 24 apartment units to remain onsite and be made available for rent to the general public on property generally located at 1400 Flametree Lane in Local Facilities Management Zone 20. The project is exempt from the provisions of CEQA per the General Rule [CEQA Guidelines Section 15061(b)(3)]. Mr. Neu introduced Agenda Item 2 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 any questions. Chairperson Siekmann asked if there were any questions of staff. Commissioner Anderson asked if the existing structure required inclusionary housing if it was not going through any structural changes. Mr. Westman stated no due to the facility being built prior to the inclusionary housing requirement and the ordinance, and no additional units or construction will be made to the project. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Jack Henthorn, P.O. 237, Carlsbad, 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. Seeing none, she asked if there were any members of the audience who wished to speak on the item. Chairperson Siekmann opened public testimony. Bob Ebert, 1187 Mariposa Road, stated he had concerns with the project and asked if the owner has been in violation of the existing conditional use permit. Christine Nguyen, 1290 Mariposa Road, stated her concerns with noise, traffic and her property value. John Madrid, 1266 Mariposa Road, stated his concerns with traffic as well as RVs and boats parking around the community. Commissioner Scully inquired if the RVs and boats were from the Cottage Row community. Mr. Madrid stated he was not certain. Elise Fox, 1274 Mariposa Road, stated the RVs and boats were from the tenants that resided at the complex. Ms. Fox also stated her concerns with property values and traffic. Commissioner Anderson inquired if Ms. Fox was aware that the City of Carlsbad recently passed an ordinance prohibiting RVs from parking on city streets, and that a permit must be obtained in order to do so. Ms. Fox stated no. Zhixia Shi, 1278 Mariposa Road, stated her concerns with the width of the street, and frequent noise from the tenants of the apartment buildings. Denise Madrid, 1266 Mariposa Road, stated her concerns with the change in the use from a faith based retirement community to an apartment community. 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 and asked the applicant to respond to the issues raised by the speakers. Planning Commission Minutes August 7, 2013 Page 6 Mr. Henthorn replied to the neighbors’ concerns clarifying the restrictions of new ownership. The new owner attempted to attract a faith based operator to the site which was not successful. Mr. Henthorn also stated that the property has strict management, they meet all parking requirements and there are no additional development proposals. Commissioner Scully inquired about the number of residents and units on the property. Mr. Henthorn stated that there are 24 units at its full capacity. Commissioner L’Heureux inquired as to when the project was converted from faith based to non-faith based. Mr. Henthorn replied the change took effect 2-3 years ago due to renovation and vacancy. Commissioner Anderson asked what the benefits were for the previous owner to have the property restricted only for a faith based retirement facility. Mr. Neu stated that because the property was developed in 1980, in which regulations were different, the faith based retirement community may have been a requirement to allow the use through a conditional use permit in the R-1 zone. Mr. Neu also stated that the use was still permitted under that dated Conditional Use Permit after the code changed. Commissioner Segall asked if there was an onsite manager to manage the RV parking on private property. Mr. Henthorn stated yes. Commissioner Anderson inquired if public parking was allowed on Briarwood. Mr. Geldert replied stating Briarwood Street is 38 feet wide, and in accordance with the code, parking is allowed on both sides of a street which are in excess of 30 feet. Chairperson Siekmann closed public testimony and asked if there were any questions of staff. Commissioner L’Heureux asked if the Conditional Use Permit remains with the faith based requirement if the project is not approved. Mr. Neu stated yes that the applicant would then be limited as to how the facility is occupied. DISCUSSION Commissioner Schumacher stated he can support the project. Commissioner Segall concurs with Commissioner Schumacher and can also support the project. Commissioner L’Heureux stated he can support the project. Commissioner Scully stated that while she has concerns with the Conditional Use Permit, she can support the project. Commissioner Anderson stated that because the project is within the low-medium density usage, which is allowed on the site but it does not have the facilities required to make it a retirement community, she feels the Commission has no choice but to remove the Conditional Use Permit and let it become a market rate apartment project. Commissioner Black stated he can also support the project. Chairperson Siekmann stated she can also support the project. Planning Commission Minutes August 7, 2013 Page 7 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7005 approving Site Development Plan SDP 12-06, Planned Development Permit PUD 13-01 and Conditional Use Permit CUP 190(C) based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner L'Heureux, Commissioner Segall. NOES: None ABSENT: None ABSTAIN: None Commissioner Anderson, Commissioner Black, Commissioner Schumacher, Commissioner Scully and Chairperson Siekmann closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS Commissioner Segall stated that the Farmer's Market, which was approved by the Planning Commission, is very successful at its new location. CITY PLANNER COMMENTS None CITY ATTORNEY COMMENTS Ms. Mobaldi stated a Notice of Intent from Mr. Everett Delano was received notifying the city that he plans to file a lawsuit regarding Westfield Carlsbad. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of August 7, 2013, was adjourned at 8:00p.m. ~~ DONNEU City Planner Bridget Desmarais Minutes Clerk