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HomeMy WebLinkAbout2014-01-15; Planning Commission; MinutesPlanning Commission Minutes January 15, 2014 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: January 15, 2014 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Black called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Scully led the Pledge of Allegiance. ROLL CALL Present: Chairperson Black, Commissioners Anderson, L’Heureux, Schumacher, Scully and Segall Absent: Commissioner Siekmann STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Barbara Kennedy, Associate Planner Kevin Pointer, Associate Planner Jason Goff, Associate Planner Greg Fisher, Assistant Planner David Rick, Associate Engineer Doug Bilse, Senior Engineer – Transportation Mike Peterson, Development Services Manager Glen Van Peski, Interim Community and Economic Development Director Kathy Dodson, Assistant City Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Chairperson Black asked if there were any corrections or revisions to the minutes of the meeting from December 4, 2013. Commissioner Anderson stated that her comments at the top of page 7, the second sentence should read “She feels it is undesirable to have beer and wine production as part of an agricultural and educational experience for children and families.” Planning Commission Minutes January 15, 2014 Page 2 MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of December 4, 2013 as amended. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CDP 13-22/NCP 13-03 – PORTER RESIDENCE – Request for approval of a Coastal Development Permit and Nonconforming Construction Permit to allow 1,673 square feet of additional living area and a 300 square foot balcony to an existing 2,431 square foot two-story single-family residence located at 5040 Tierra del Oro Street within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Sections 15301(e)(2) – Existing Facilities of the state CEQA Guidelines. 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 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 Item 1. Chairperson Black 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 Scully and duly seconded, that the Planning Commission approve Agenda Item 1. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully, and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Black 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 January 15, 2014 Page 3 2. SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13-09/MCUP 13-13/MS 13-07 – VIASAT EXPANSION – Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of a Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non-Residential Planned Development Permit, Minor Conditional Use Permit, and Tentative Parcel Map for the reconfiguration of four industrial lots on 9.9 acres of land, the development of 143,100 square feet of planned industrial/office and manufacturing space within two, three-story buildings, a 3,995 SF satellite antenna enclosure, a 5,386 SF mechanical and trash enclosure, at-grade parking and a large centralized plaza. The project also includes the installation of a pedestrian traffic signal with cross walk, a bus stop with turnout, miscellaneous improvements within the El Camino Real public right-of-way, and minor modifications to ViaSat’s existing campus on property generally located south of Palomar Airport Road, on both the east and west sides of El Camino Real, just north of Gateway Road in Local Facilities Management Zone 17. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Greg Fisher would make the staff presentation assisted by Senior Traffic Engineer Doug Bilse. Mr. Fisher and Mr. Bilse each gave brief presentations and stated they would be available to answer any questions. Chairperson Black asked if there were any questions of staff. Commissioner Anderson asked if the proposed pedestrian sidewalk will be along El Camino Real or if it will wind through the ViaSat buildings. Mr. Bilse stated that there will be a connection at the end of the parking lot. Commissioner Anderson inquired as to how citizens of Bressi Ranch, for example, would be able to access the sidewalk if they are not employees of ViaSat. Mr. Bilse stated that someone would have to have knowledge of the pathway as it is not available from the street. The pathway is intended for the use by the employees of ViaSat. Mr. Bilse added that the pathway was a condition of the Lowe’s project. Mr. Neu added that there is a sidewalk that connects to El Camino Real. Commissioner Segall asked about an opticom unit on the pedestrian crossing light. Mr. Bilse stated yes. Chairperson Black asked about the safety and use of the crosswalk by other modes of transportation such as golf carts. Mr. Bilse stated the crosswalk will be strictly for pedestrians, not golf carts. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Scott Merry, representing Meracon Corporation, 7580 Caloma Circle, Carlsbad, introduced the project team and stated they would be available to answer any questions. Bob Rota, Vice President of Facilities and Security at ViaSat, 1655 El Camino Real, Carlsbad, also gave a brief presentation and stated he would be available to answer any questions. Chairperson Black asked if there were any questions Mr. Rota. Commissioner L’Heureux asked if there will be a cafeteria or food facilities on the east side expansion. Mr. Rota stated there will be a facility built that will provide some amenities for those employees. Those employees will also have the ability to order lunches that will be delivered from the new café on the west side campus. Mr. Rota commented that in reality there will be a lot of foot traffic from east to west side between the hours of 11:00 a.m. and 1:00 p.m. Commissioner L’Heureux asked if ViaSat had considered building a pedestrian bridge. Mr. Rota stated yes however there were too many issues to proceed with the idea. Chairperson Black asked if the trellis on the walkway is simply conceptual or if it will be built. Mr. Rota stated the trellis will be built but the design is conceptual. Chairperson Black asked if the outdoor plaza Planning Commission Minutes January 15, 2014 Page 4 between buildings 10 and 11 will be fenced off. Mr. Rota stated that discussions regarding that issue just started this week. He stated that the area will not be open to the public. Chairperson Black asked if there any members of the audience that wished to speak on Agenda Item 2. Seeing none, Chairperson Black opened and closed public testimony. Commissioner Segall inquired about the proposed signage for the building. Mr. Fisher stated the signs will be approved through the plancheck process. Mr. Rota stated it will be maximized based on the allowed square footage allowed by ordinance. Mr. Neu added that the sign ordinance has been amended to allow the size of the signs to be based on the square footage of the building. The ordinance is pending review by the California Coastal Commission. DISCUSSION Commissioner Segall commented that he believes the crosswalk and design elements are unique and he can support the project. Commissioner Schumacher stated his concurrence with Commissioner Segall. He stated he can support the project. Commissioner Anderson commented that the project looks like a very nice project. She stated she can support the project. Commissioner L’Heureux thanked the applicant and staff for all the hard work as it is quite evident with the quality of the project. His concerns about the pedestrian crossing have been resolved to his satisfaction. Commissioner L’Heureux stated he can support the project. Commissioner Scully stated she concurs with her fellow Commissioners. She also congratulated the staff and the applicant for their work on the project. Commissioner Scully stated she can support the project. Chairperson Black commented that he too was concerned with the pedestrian crosswalk; however those concerns have been addressed. He stated he can support the project. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7030 approving Scenic Corridor Special Use Permit (SUP 13-03), Scenic Corridor Special Use Permit Amendment (SUP 98- 03(C), Minor Site Development Plan (SDP 13-05), Non-Residential Planned Unit Permit (PUD 13-09), Minor Conditional Use Permit (MCUP 13-13) and Tentative Parcel Map (MS 13-07), based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully, and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 3. Planning Commission Minutes January 15, 2014 Page 5 3. SP 19(J)/LCPA 12-01 – CAR COUNTRY INITIATIVES 2 & 4 – Request for a recommendation of approval for Specific Plan Amendment SP 19(J) and Local Coastal Program Amendment LCPA 12-01 to 1) update the Car Country Comprehensive Sign Program by modifying the existing sign standards and by adding provisions for a digital display sign to address the unique needs of the automotive sales industry, and 2) to streamline the permit and review process for minor improvements for property generally located on the south side of Cannon Road, north and west of Car Country Drive, and east of Interstate 5 within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. The City Planner has determined that the proposed Specific Plan amendments are exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(b)(3). Mr. Neu introduced Agenda Item 3 and stated Associate Planner Barbara Kennedy would make the staff presentation. Ms. Kennedy gave a brief presentation and stated she would be available to answer any questions. Chairperson Black acknowledged receipt of 2 pieces of correspondence. One was an email opposing digital signs, and the second was a letter from Caltrans. Chairperson Black asked if there were any questions of staff. Commissioner Segall asked about the way finding signs. Ms. Kennedy stated all the way finding signs will include some type of Car Country Carlsbad identification at the top of the sign, and the font type and directional arrows will be consistent. Commissioner Segall asked if the monument signs will also be uniform in terms of style and design. Ms. Kennedy stated that the signs will also have a uniform style, will have a consistent lettering, similar to the way finding signs around town for residential developments. She also stated that franchise signs can be placed on the individual lots. Commissioner Segall inquired if the Car Country Working Group is in agreement with the recommended changes. Ms. Kennedy stated yes. Commissioner L’Heureux asked how tall the franchise signs can be. Ms. Kennedy stated that the franchise signs cannot be any taller than the buildings on site. There is a 25’ height limit on the west side of Paseo Del Norte and a 35’ height limit on the east side. Commissioner L’Heureux asked how many signs will be allowed for those lots with multiple dealerships/franchises on a single lot. Ms. Kennedy stated there is already a provision for those lots with multiple dealerships to be allowed one additional monument sign or one additional franchise sign per dealership. The only change proposed is the additional monument or additional franchise sign per lot. Commissioner L’Heureux asked for clarification regarding the digital sign and static sign. Ms. Kennedy stated a static sign up to 50’ would be allowed; however if a Conditional Use Permit is approved that would allow the provision to include LED lighting onto that sign, the height limit could be up to 65 feet. Commissioner Anderson commented on the proposed 14 foot way finding signs and about what the height limit is for the subdivision way finding signs. Ms. Kennedy stated those signs are approximately 8 feet. Commissioner Anderson inquired about signs adjacent to the freeway. Ms. Kennedy stated those signs cannot go above the facia of the building with the lettering to be no higher than 1/3 the height of the building. The area for the signs is based on 1½ square feet per lineal foot of building frontage. Commissioner Anderson asked if the temporary signs and banners in Car Country Carlsbad are allowed under the current ordinance. Ms. Kennedy stated that if it is a temporary banner while a dealership is waiting for a permanent sign, it would be allowed. Mr. Neu added that the temporary signs are allowed while a permanent sign is pending. They are not intended to be there for various types of sales or on a permanent basis. Commissioner Anderson asked if the large banners are allowed that are currently being displayed at some dealerships. Mr. Neu stated no. Commissioner Schumacher inquired about the reasoning for the 50’ static sign versus a 65’ digital sign. Mr. Kennedy explained that a 50’ sign was what was originally recommended by the Car Country Working Group. She also commented that if the digital sign component does not get approved by the Coastal Commission, there is at least an opportunity to increase the size of the existing sign to 50 feet. Commissioner Schumacher asked how staff evaluated what a 65 foot sign would look like in terms of massing and visual impacts. Ms. Kennedy stated staff had the applicant do a visual analysis. Planning Commission Minutes January 15, 2014 Page 6 Commissioner Scully asked the height of the current sign. Ms. Kennedy stated 35 feet. Commissioner Scully asked for clarification regarding the recommendations received from Caltrans. Ms. Kennedy stated that Caltrans recommends the sign be no more than 60 feet in length, not height. Commissioner Segall also asked for clarification regarding the current sign. Ms. Kennedy stated the current static sign is 35 feet but could be up to 50 feet with a building permit if the proposed amendment is approved. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Rod Wilson, EMI Sign Company, 4737 West 156th Street, Lawndale, gave a detailed presentation and stated he would be available to answer any questions. John Muse, 8685 Merced Circle, Huntington Beach, gave a presentation regarding digital sign illumination. Chairperson Black asked if there were any questions of the applicant. Commissioner Segall asked if the proposed placement of the new sign would be as where it was depicted in the presentation. Mr. Wilson stated yes. Commissioner Schumacher asked if there are any examples of the monument or way finding signs. Mr. Wilson stated no as he was hired strictly for the digital sign. Commissioner Scully inquired about the sight line on the freeway. Mr. Wilson stated drivers would be able to see the sign at ½ mile away. He stated that because of the median landscaping, the southbound traffic currently does not see the auto plaza sign. Commissioner L’Heureux asked if Caltrans would trim the landscaping in the median. Mr. Wilson deferred the question to Mr. Paynter. Commissioner Segall asked about the technology being used for the LEDs. Mr. Wilson stated it is not their intent to use white background displays. Commissioner Anderson asked for clarification regarding the data for the increase in sales based on the signage. Mr. Wilson stated that based on the installation of digital signs, they have noticed an increase in sales. The data comes from their tracking information as well as the various cities’ sales tax tracking. Commissioner Schumacher asked how they are able to determine if the increase in sales was based solely on the installation of a digital sign versus, for example, a better economy. Mr. Wilson stated that prior to 2008 when the economy soured, there were many factual increases. From 2008 until now, Mr. Wilson stated that the increase in sales will be more on the higher side because of the economy picking up. JP Paynter, 7201 Tanager Drive, Carlsbad, general manager of Hoehn Acura and representing Hoehn Motors. He also serves as Chairperson of the Car Country Working Group. Mr. Paynter gave a brief presentation and stated he would be available to answer any questions. Commissioner L’Heureux asked if Caltrans would trim the median landscaping. Mr. Paynter stated those bushes have been trimmed many times however they grow quite quickly. Mr. Paynter further stated that even if the freeway is widened, drivers on the southside of the freeway would not see the sign until right before they approach it. Commissioner L’Heureux asked if they did any analysis on a larger static sign but in a different location than the current sign. Mr. Paynter stated they did a road analysis of all the auto malls in southern California and there are no static signs in any of the auto malls in southern California. Every single auto mall has an LED sign most of which are much higher than this proposed sign. Commissioner L’Heureux asked Mr. Paynter to respond to the issue about temporary banners or signs currently within Car Country. Commissioner L’Heureux commented that he does not feel the dealers have done a good job for themselves with the buildings that front the freeway as many of them look very tacky with auto carriers with cars on them. He stated that it just does not look inviting. Commissioner L’Heureux further commented that adding a digital sign or relocating the static sign will not affect those issues at all as he feels those issues are more of an internal problem. Commissioner L’Heureux stated Planning Commission Minutes January 15, 2014 Page 7 that he believes there is a huge illegal sign and they should be embarrassed by it. Mr. Paynter stated that he was not sure what sign Commissioner L’Heureux as referring to but he would look into it. Commissioner Anderson commented that there is a large temporary sign in front of Hoehn with multiple dealers listed on it as well as one at the Ford dealer that has been there for many years. Commissioner Schumacher commented that the current signage is definitely antiquated, and the curb appeal of the buildings along the freeway is also tacky. He asked if there is any interest among the car dealers in sprucing up the area beyond the proposed new signage. Mr. Paynter commented that one of the issues they brought forward to the city was regarding safety along Paseo Del Norte. Bike lanes have since been installed and the fire lanes have been extended at the driveways. Mr. Paynter stated that the median along Paseo Del Norte is owned by the city so the maintenance of the trees and plants in those medians is the responsibility of the city. Commissioner Scully asked, aside from the digital sign, how the various additional signage will help the existing businesses. Mr. Paynter commented that he believes signage, such as way finding or directional, has never existed in Car Country. He further commented that the auto group was approached by City Council to find out what steps could be taken to help improve the business in Car Country. Mr. Paynter stated that if a person is familiar with Car Country and the dealers available at the auto mall, it would be difficult to understand the need for signage. Commissioner Scully commented that citizens now have the technological abilities with GPS devices, computers and cell phones to find the auto dealers very easily. She stated that when she is in the market to purchase a new car, the first stop is always Car Country; however, she has not purchased a vehicle there and it is not due to the fact that she cannot find it. Commissioner Scully stated she is concerned about the so-called increase in sales due to digital signs because she does not visualize it as being the only reason the sales are down at Car Country. She stated that if customers want to buy a car, the customers are online constantly and will find the dealers. Commissioner Scully commented that she is having a difficult time comprehending that the sales will increase based solely on a digital sign. Mr. Paynter stated that Car Country Carlsbad is the only auto center in all of southern California with a stationary sign. He stated that the increase in the sales of cars will be impacted by a new sign. Mr. Paynter stated that the sign is important to the auto mall and it is important to the city. Commissioner Anderson commented that the outlet stores and the restaurants nearby are always busy and they do not have any digital signs on the freeway. People go to those sites because they like the product offered, they like the buildings and the environment. Commissioner Anderson also commented that the environment and the overall experience people will have is more important than the signage. She further commented that she can very clearly see the current sign from the southbound side of the freeway. Mr. Paynter stated that when they presented the information to the City Council, they received a 5-0 vote in favor of the digital sign. Commissioner Anderson asked if the City Council agreed to fix the median landscaping on Paseo Del Norte. Mr. Paynter stated the Council did not address that issue. Mr. Wilson added that a static sign, by itself, has a readership when it is first installed along a freeway of 80% - 82%. After about 6 months the readership drops to 15%. Research has been done and proven. When a digital sign is first installed along a freeway with constantly changing images, the readership holds at 82%. Mr. Wilson stated that is why the digital sign works. The readership for a new static sign will fall off and those 7.5 million people per month that drive by will no longer see it as it will become a part of the landscape. Chris Baker, owner and operator of the Baker Auto Group in Car Country Carlsbad, 5365 Car Country Drive, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Commissioner L’Heureux asked why it has taken so long for the dealerships to move forward with the request for a new, updated sign. Mr. Baker stated that the city has recently become more supportive of the businesses in the city. Chairperson Black commented that there are many other businesses along the freeway that do not have a digital sign. If the Planning Commission concludes that this proposal is permissible, it could set a precedence for those other businesses to want a similar sign. He asked how Mr. Baker feels about the possibility of setting such a precedence. Mr. Baker stated that while he is not familiar with being on a Planning Commission or a City Council, he does know that Car Country is the largest source of sales tax revenue for the city, therefore they should be first in line when looking for marketing support. However if Planning Commission Minutes January 15, 2014 Page 8 you look at the various businesses along the freeway, there are not many, if any, that lend themselves to freeway or digital signage. Mr. Baker also pointed out that the recently updated sign ordinance does limit the number of digital signage allowed in the city. He feels that if any business deserves the support of a digital sign it would be the largest contributor to the sales tax base. Chairperson Black 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 Agenda Item 3. Seeing none, Chairperson Black opened and closed public testimony. DISCUSSION Commissioner Segall stated he supports the recommendations from staff. He feels the Commission will have an opportunity in the future when an application is submitted for a CUP for the sign to see what is actually proposed. Commissioner Schumacher stated he can also support the changes and recommendations from staff, and he looks forward to seeing the proposed sign at a future date. He feels that there is some sprucing up of the auto park that would help matters. Commissioner Anderson commented that she agrees with Commissioner Schumacher in regard to updating Car Country. She cannot support the digital sign at 65 feet, and she cannot support Carlsbad being the first city to step into the arena of digital signs. Commissioner Anderson stated she could support a larger static sign up to 50 feet. She commented that she can support the other signage changes. Commissioner L’Heureux thanked Car Country and the city for working together on this proposal. He stated he is supportive of the changes for Initiative No. 4. He does not feel he has enough information regarding the proposed changes in Initiative No. 2. He would like to see the motion split to approve each initiative individually. He agrees the current static sign is inadequate and stated that the real issue with the current sign is the southbound traffic and the landscaping along the east side. Commissioner L’Heureux feels the current sign is in the wrong place and should be moved from that location. He is not in favor of digital signs as they do not maintain the character of this community. Another concern Commissioner L’Heureux has with the digital sign is that seeing a picture of a car does not necessarily tell a person what type of car it is or what other types of cars are available at Car Country. He does not think a digital sign would make that big of a difference. Commissioner Scully commented that she agrees with separating the two initiatives. She stated that she agrees that the current sign needs to be updated and possibly moved to a different location. She commented that there are lots of other options to help update Car Country, such as upgrading some of the buildings. There are a few dealerships that just are not attractive. Sales staff and sales training all have to do with what is going on in the dealerships. Commissioner Scully stated that the dealerships have been successful for many, many years without a digital sign. She further stated that moving the static sign to a different location would help, but she would like to see something smaller than 65 feet for the static or digital sign. Commissioner Scully stated she cannot support the digital sign but can support the other signage modifications. Chairperson Black stated he is also on the fence regarding the digital sign. He feels allowing a digital sign would be setting a precedence. The Commission discussed the need to separate the motion into 3 separate motions: one for the digital sign, one for all the other signage, and one for the minor updates in Initiative No. 4. Commissioners L’Heureux and Schumacher added that they would like to see more information and renderings of the proposed way finding signs and monument signs. Commissioner Segall asked City Attorney Jane Mobaldi to clarify how the Commission, which serves at the pleasure of the Council, can vote contrary to the Council after they have already voted unanimously to approve digital signs. Ms. Mobaldi stated that the Planning Commission functions independently of the Council. The Commission is here to give their best recommendation, not necessarily a rubber stamp of what the Council wants. She stated the Commission is entitled at this stage to vote against digital signs if the Commission feels it is not appropriate in the Car Country Specific Plan. Planning Commission Minutes January 15, 2014 Page 9 Commissioner Scully commented that Council approved digital signs but did not approve the height of any signs. Ms. Mobaldi stated that the Council approved conceptually that digital signs could be allowed in locations meeting certain criteria. The Commission is now looking at the Car Country Specific Plan which would take precedence over the sign ordinance since it is specifically for Car Country. The Commission does not have to say that a digital sign is appropriate in this situation. Ms. Mobaldi added that the City Council gave the Planning Commission the leeway to do allow a digital sign, but the Commission does not have recommend it. Commissioner Segall stated that the Commission could conceivably approve the concept of the sign being up to 65 feet. However, the Car Country Working Group would have to return to the Commission at some point, if the digital sign is approved, for a CUP and the Commission will review exactly what is proposed. Commissioner Segall added that the Commission would then have the ability to make a decision on a product rather than an idea as it is at tonight’s meeting. Ms. Mobaldi stated that Commissioner Segall is correct in that the Car Country Working Group would have to apply for a CUP and the Commission could then deny the request for a digital sign altogether. The Commission could also not approve the digital sign as proposed and place appropriate conditions on the permit to make it compatible. Ms. Mobaldi stated she agrees with a Commissioner’s earlier statement that once the Commission allows a digital sign in the Specific Plan, then the Commission is opening the door for an applicant to propose a digital sign by CUP with only the particulars remaining to be approved. Commissioner Schumacher asked if only the digital sign that requires a CUP. Ms. Mobaldi stated that was correct and the City Council would be the final decision making body. Commissioner Segall suggested that the Commission approve Initiative No. 4 tonight and continue Initiative No. 2 in order to get more information on both digital signs and the other signage. Mr. Neu commented that for all practical purposes this is one amendment. If the Commission were to separate the initiatives as suggested, staff would most likely put Initiative No. 4 on hold until a decision was reached on Initiative No. 2. If the Commission’s concern is wanting information on the sign portions of the amendment, staff would request that the Commission vote to continue the entire item and provide specific details to staff regarding the information needed that would help the Commission in their decision-making. Commissioner Anderson commented that there has not been any opposition to the monument signs at each dealer and the onsite directional signs and asked if there would be any benefit to approving those items. Mr. Neu stated that none of the changes could be effective until the City Council acts on it as well as the Coastal Commission. One of the challenges with this specific plan is that it has never been rich in graphics in terms of what was in the plan from its initial creation. Staff did not create drawings of what these proposed signs might look like or even visual simulations. If the Commission is interested in simulations on those other signs, the City would have to get funding authority to hire a company to prepare those. Commissioner L’Heureux commented that he was looking for something that could be done in-house to give the Commission a rough idea of, as a concept only, what the proposed monument and way finding signs might look like. Mr. Neu stated that what could be done, which would not take an incredible amount of effort, would be for staff to apply the proposed standards with the number of lots and proposed dealerships, and conceptually prepare line drawings indicating where some of the signs might be and give an idea as to the size of the signs. Commissioner L’Heureux stated that line drawings would be sufficient. Commissioner Schumacher agreed and added that the dimensions of those signs would be helpful. Ms. Kennedy reminded the Commission that the way the proposal is currently written there would only be 4 of the 14 foot high way finding signs and up to 6 of the monument signs that would identify Car Country. Those signs would require a comprehensive sign program that would take a look at the detail of those signs, the locations, what the actual height and width is as well as the design and the font. Typically the sign program would be an administrative review by the City Planner. If that is not satisfactory with the Commission, language could be added to the Specific Plan requiring the sign program to come before the Commission for their consideration. The details for the proposed signs could happen next year or it could happen 5 years from now. Commissioner Segall commented that the Commission just went through the Land Use Decision Making revisions and the idea was to push some of the decision-making authority down to the City Planner. He stated that he is not in favor of having any of the sign program return to the Commission as he feels the staff is capable and competent to handle those decisions. He further stated that is why he is in favor of the staff report and staff’s recommendation because there is still a review process at a later date. Planning Commission Minutes January 15, 2014 Page 10 Commissioner L’Heureux stated that after listening to the comments from Mr. Neu in that this proposal is an integrated project, he feels that his original suggestion of separating the motion will be very impractical. He agrees that the Commission needs to trust staff to do the right thing. Commissioner L’Heureux suggested that the Commission modify the motion to approve everything except the digital sign. Commissioner Anderson asked if a 50 foot static sign would be allowed if the provision for a digital sign is removed from the motion. Ms. Mobaldi stated yes that a static sign of up to 50 feet would be allowed. Commissioner Scully stated that she could support a digital sign of up to 50 feet in height. MOTION ACTION: Motion by Commissioner L’Heureux and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 7031 and 7032 recommending approval of Specific Plan Amendment SP 19(J) and Local Coastal Program Amendment LCPA 12-01 based on the findings and subject to the conditions contained therein except the provision for a digital sign. DISCUSSION Commissioner Segall stated that he will not support the motion as he feels Car Country is the biggest revenue generator in the community. The auto dealers feel there is a need for a digital sign, the City Council has given their support of a digital sign. He does not blanketly support digital signs and he would like to see what the proposed sign will look like. VOTE: 5-1 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Schumacher, and Commissioner Scully NOES: Commissioner Segall ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. ZCA 13-02/LCPA 13-03 – DWELLING DEFINITIONS — A request for a recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to amend the city’s Zoning Ordinance to improve the definitions of ‘dwelling unit’ and ‘kitchen’ and add a definition of ‘wet bar.’ The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(B). Mr. Neu introduced Agenda Item 4 and stated Associate Planner Kevin Pointer would make the staff presentation. Mr. Pointer gave a brief presentation and stated he would be available to answer any questions. Mr. Pointer also pointed out that the errata sheet has been revised and read the new proposed wording into the record. Chairperson Black acknowledged receipt of an errata sheet for the item. Commissioner Anderson asked about the limitation of 6 lineal feet of countertop for a wet bar. Mr. Pointer indicated that the city currently does not have any regulations or definitions regarding wet bars. Staff did not prepare any analysis on wet bars and what a typical length of cabinetry or counter space is; however staff feels 6 feet would be sufficient to accommodate a wet bar. If the Planning Commission felt that the proposed 6 lineal feet is not sufficient, staff is open to suggestions. Commissioner Anderson asked if staff does in fact feel that a limitation is necessary. Mr. Pointer stated that staff feels that indeed a Planning Commission Minutes January 15, 2014 Page 11 limitation is necessary. The Commission can consider a different recommendation if they feel otherwise. Mr. Pointer further commented that staff does feel a limitation is necessary in order to enforce the city’s regulations to determine when project proposals are crossing the line between a wet bar versus a full kitchen which would then trigger the determination that the portion of the residential development is not being utilized solely with the purpose of having a wet bar. Commissioner Anderson commented that it is tricky because some larger homes might have a large wet bar that is bigger than a kitchen in someone else’s smaller home. Commissioner Segall asked for clarification regarding the errata sheet. Ms. Mobaldi explained that the errata sheet originally stated “…a refrigerator or rough-in space for a refrigerator exceeding 6 feet in capacity.” Ms. Mobaldi stated it is actually only the refrigerator that staff does not want to exceed 6 feet in capacity. She stated the dimensions listed will add up to more than 6 cubic feet because that is defining the rough-in space, not the actual refrigerator. Staff’s recommendation is now that a wet bar not include “…a refrigerator which exceeds more than 6 feet in capacity and a rough-in space cannot be larger than that which can accommodate a refrigerator of 6 feet in capacity.” She stated those are typical dimensions and the dimensions are there to help staff identify what the rough-in space should be. Mr. Pointer re-read the revised recommendation into the record. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if there were any members of the audience who wished to speak on Agenda Item 4. Seeing none, Chairperson Black opened and closed public testimony. DISCUSSION Commissioner Scully stated she has serious issues with the proposed 6 foot limitation for the wet bar. She stated 6 feet is not very long for a wet bar as it would only accommodate 2 or 3 barstools. Commissioner Scully stated she would like to see the counter space not to exceed 8 to 10 feet. Commissioner Schumacher commented that he does not disagree with Commissioner Scully’s assertions about the size of the wet bar. He asked if, from a code enforcement perspective, this will help enforce code issues. Mr. Pointer stated the purpose of this project is to give the city’s Code Compliance staff the tools to determine what constitutes an illegal dwelling unit. Mr. Neu added that staff was mainly focused on the 6 feet with cabinetry up against a wall as you might see in a kitchen. He stated that when staff was determining the proposed counter length, because staff was working in the context of some of the illegal dwelling units and illegal kitchens, staff pictured it flush against a wall. Commissioner Scully asked if a homeowner proposing a room remodel will be limited to a wet bar of only 6 feet long. Mr. Neu stated that is correct. Commissioner Scully requested that the proposed length be increased. Commissioner Segall commented that there are some homes that should not even be considered in this definition. Mr. Neu stated that the other definitions in this proposal, such as the definition for dwelling unit and kitchen, are included. In order to create a second or a third dwelling unit, the requirements for a kitchen, bathroom and other facilities, would have to be met. Based on experiences the city has been faced with recently, staff was focused on a reasonable amount for lineal square footage for a wet bar because staff has seen proposals for wet bars in the past that are sometimes larger than most kitchens. Chairperson Black asked if it was possible to remove the phrase “single family dwelling” from the definition and only identify second dwelling units. Mr. Neu stated that the way the city’s code is set-up, there has to be a definition which identifies when a project qualifies as a dwelling unit. The slippery slope regarding enforcement has been areas, because of improvements completed after inspections, too easily becoming kitchens once appliances are added. Staff has headed off most of the issues with the potential utility connections, limiting the drain sizes and gas and electric lines. He stated that there is more flexibility with the length of the wet bar and it would be a great improvement over what currently exists. Commissioner Schumacher asked if there is some flexibility for the process if a resident proposed a legitimate wet bar with a 15 foot length. Mr. Neu stated the only way that could be done would be through the variance process and the project coming before the Planning Commission. Commissioner Scully commented that she does not want the legitimate homeowner who would want to construct an improvement on their house to be so constrained. Chairperson Black commented that he agrees with Commissioner Scully. Planning Commission Minutes January 15, 2014 Page 12 MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7029 recommending approval of ZCA 13-02 and LCPA 13-03 based on the findings contained therein including the errata sheet dated January 15, 2014 and as modified to include that the cabinetry or counter space be increased to 8 linear feet. 6-0 Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Segall, Commissioner Schumacher, and Commissioner Scully None Commissioner Siekmann ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 4 and thanked staff for their presentations. COMMISSION COMMENTS The Commissioners expressed their condolences to Commissioner Siekmann for the recent passing of her mother. Chairperson Black mentioned that there will be an upcoming Commission social event with more details to come soon. CITY PLANNER COMMENTS Mr. Neu commented that the annual League of California Cities Planning Commissioners Academy will be held in March. He asked if any commissioners were interested in attending to let him know by the end of the month. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of January 15, 2014, was adjourned at 9:40p.m. ~/1w DON NEU City Planner Bridget Desmarais Minutes Clerk