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HomeMy WebLinkAbout2014-06-04; Planning Commission; MinutesPlanning Commission Minutes June 4, 2014 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: June 4, 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 Siekmann led the Pledge of Allegiance. ROLL CALL Present: Chairperson Black, Commissioners Anderson, Scully, Segall and Siekmann Absent: Commissioner L’Heureux STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Greg Fisher, Assistant Planner Shannon Werneke, Associate Planner Jason Geldert, Senior Engineer Farah Nisan, Senior Office Specialist 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 May 21, 2014. MOTION ACTION: Motion by Commissioner Scully and duly seconded by commissioner Siekmann, that the Planning Commission approve the minutes from the Regular Meeting of May 21, 2014. VOTE: 5-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux 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. Planning Commission Minutes June 4, 2014 Page 2 1. CT 14-02 – BICAJESSEE ADVENTURES – Request for a recommendation of approval for a Tentative Tract Map to allow for the airspace subdivision of an existing three story commercial office building into six separate ownership units located at 2815 Jefferson Street in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(k) “Existing Facilities” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 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 by Commissioner Segall, that the Planning Commission approve Agenda Item 1. VOTE: 5-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner L’Heureux 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. 2. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13- 02 – DAYBREAK COMMUNITY CHURCH – Request for a recommendation of adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and a request for a recommendation of approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Community Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bounded by Poinsettia Lane to the north, Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello II segments of the Local Coastal Program and Local Facilities Management Zones 19 and 20. The City Planner has determined that through the implementation of the proposed Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program and Addendum, the proposed project avoids the effects or mitigates the effects to a point where clearly no significant effect on the environment would occur, and there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Commissioner Siekmann inquired about the acreage calculations as they relate to calculating the excess dwelling units. Ms. Werneke stated the applicant's slope analysis determines the net acreage that is Planning Commission Minutes June 4, 2014 Page 3 multiplied by 3.2, which is the midpoint for the RLM land use designation. Ms. Werneke also stated that the southern portion of the lot will be designated as open space, because there will never be any development within that area, the calculations allow depositing units into the bank. Commissioner Siekmann asked Ms. Werneke to clarify the wording on the mitigated negative declaration to match the graphics. Ms. Werneke stated due to recent formatting updates to the table, a shortened version was incorporated into the table but the measures as it relates to mitigation remains the same. Commissioner Siekmann asked if the staff report containing the mitigation measures was rounded from 3.86 acres to 3.9 acres in the mitigation monitoring report program. Ms. Werneke stated yes. Commissioner Siekmann asked if there were any comments received for the mitigated negative declaration. Ms. Werneke replied stating other than the comments received from the San Luis Rey Band of Mission Indians, there were none received. Commissioner Segall inquired about the condition on Resolution No. 7058 that states the addition of a channelized island at the point of egress on the upper parking lot. Ms. Werneke stated that based on the concerns staff has received from the residents along Fisherman Drive, vehicles turning left not knowing that the street was a dead end resulted in the addition of a concrete Island to preclude the left hand turn. Commissioner Segall also inquired about Condition No. 25 that states the parking lot shall only be used for Daybreak Community Church and no other outside events may utilize the parking lot. Ms. Werneke stated that based on comments received from concerned residents within the community, the condition was added to the resolution. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Bill Hoffman, Hoffman Planning and Engineering, 3156 Lionshead Avenue, Suite 1, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Gary Webb, Executive Pastor for Daybreak Community Church, 818 Via La Venta, San Marcos, stated he would be available to answer questions. Chairperson Black asked if there were any questions of the applicant. Commissioner Segall asked about Condition No. 25 and the past history of other events causing an overflow of parking. Mr. Webb stated a total of three events used the parking lot. Commissioner Siekmann asked if the park located directly across the street inquired about available parking for special events such as tournaments. Mr. Webb stated no, the church had no evidence showing the use of the parking lots for activities at the park. Commissioner Siekmann asked if they would have any issues with people attending the tournaments parking in their lots. Mr. Webb stated they would not have any issues with hosting an overflow of parking except on Sundays. Commissioner Anderson asked if they host any events in the parking lot. Mr. Webb stated that in the past, they have hosted an Easter festival that is free to the community and have not hosted an event in the last two years. Mr. Webb clarified that the event was held in the lower level of the parking lot as the higher level was utilized for vehicular parking. Mr. Hoffman stated that the city has the ability to review a Conditional Use Permit to address future parking complaints received from the residents. Commissioner Anderson asked if church services would have thirty-minute intervals for entering and exiting the parking lot. Mr. Webb stated assuming additional growth to the property, the church will not have as many services scheduled in the morning. Commissioner Scully asked where parking is reassigned to while events take place in the parking lot. Mr. Webb stated they have used alternative offsite parking venues such as churches in the neighborhood and shuttling people to the events. Commissioner Siekmann asked if there would be bicycle parking. Mr. Webb stated no. Commissioner Siekmann asked if they had parking issues Monday through Saturday. Mr. Webb stated no. 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 Item 2. Chairperson Black opened public testimony. Planning Commission Minutes June 4, 2014 Page 4 Richard Russell, 6615 Fiona Place, Carlsbad, stated his concerns with the number of phases to the project, height of the proposed building, increase of the church community and the impact to the neighborhood, as well as the proposed chain link fencing along the preserve. De’Ann Weimer, 6606 Fiona Place, Carlsbad, stated her concerns with noise, traffic, parking, and the growth to the community. Chairperson Black asked if staff would respond to the issues raised during public testimony. Ms. Werneke responded to Mr. Russell’s concerns regarding the proposed height for architectural projection to rise from 28 to 30 feet and 38 feet, which is allowed within the Aviara Master Plan as well as the Zone 20 Specific Plan. Ms. Werneke also stated that the vinyl chain link fencing is the preferred material to preclude access to people and is proposed along the northern edge of the preserve. Commissioner Anderson asked if the chain link fencing would restrict wildlife. Ms. Werneke stated yes as well as domestic animals. Commissioner Anderson inquired about the phasing of the project. Ms. Werneke stated a proposed modification to the sanctuary was received near the end of the processing for phase 3 and an early public notice was mailed. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant would like to respond to issues raised. Mr. Hoffmann stated that in regard to the issues with phasing of the project, the existing sanctuary will be utilized for a multi-purpose room for youth activities and not for large congregations. Commissioner Scully inquired about the consistency of the proposed fencing on Ambrosia Lane with the rest of the community. Mr. Webb stated it would not be an issue to make changes. Commissioner Siekmann inquired about a condition to the chain link fencing near Ambrosia Lane. Ms. Werneke stated that a recommendation was received from the project biologist and is the preference of staff. Mr. Neu stated that staff could make modifications to maintain consistency with the Aviara theme fencing visible from the roadway and then transition into the vinyl chain link to the preserve. Commissioner Siekmann asked if there were going to be any landscaping between the preserve and Ambrosia Lane. Ms. Werneke stated no. Mr. Neu suggested that the Planning Commission refer to Resolution No. 7059, Condition No. 8, Section D-1, in making any changes to fencing along the public rights-of-way to block public access and distance from Ambrosia Lane to the preserve. Commissioner Segall made a motion, which was duly seconded by Commissioner Siekmann, that the Planning Commission remove Condition No. 25 from Resolution No. 7058. Jane Mobaldi, Assistant City Attorney, proposed modified wording for Condition No. 8, Section D-1, to state “…provide fencing along public rights-of-way to block public access to the open space areas to match the existing Aviara fencing if feasible.” The Planning Commission voted 5-0 to modify Condition No. 8, Section D-1, as stated above. DISCUSSION Commissioner Segall stated that Condition No. 15-C, regarding the channelized island, was not necessary. He feels it is unfair to ask the church, which is trying to count pennies, to build a facility to put some kind of device in the street to allow people not to turn left out of the parking lot when it is fairly clear that it is a dead end street and there is a huge sign indicating it is not a complete street. Commissioner Segall also stated that drivers will not want to drive thru the Redeemer by the Sea parking lot because it is uphill with four or five traffic bumps in a narrow area. He further stated he can support the project. Commissioner Siekmann agrees with Commissioner Segall to remove Condition No. 25 and stated she can also support the project. Planning Commission Minutes June 4, 2014 Page 5 Commissioner Anderson concurs with her fellow commissioners and stated she can support the project. Commissioner Scully stated her concerns with parking, traffic circulation and feels the expanded sanctuary is not compatible with the neighborhood. She stated she cannot support the project. Chairperson Black stated he can support the project, however he is against removing Condition No. 25. Chairperson Segall made a motion to remove Condition No. 25. The Planning Commission voted 3-2 (Black, Scully) to remove Condition No. 25 from Resolution No. 7058. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann, that the Planning Commission adopt Planning Commission Resolution No. 7055 recommending adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and adopt Planning Commission Resolutions No. 7056, 7057, 7058, and 7059 recommending approval of a General Plan Amendment (GPA 13-01), Zone Change (ZC 12-04), Local Coastal Program Amendment (LCPA 12-04), Site Development Plan Amendment (SDP 00-06(C)), Conditional Use Permit Amendment (CUP 00-06(C)), Coastal Development Permit Amendment (CDP 00-09)); and a Habitat Management Plan Permit (HMP 13-02), based on the findings and subject to the conditions contained therein to include the removal of Condition No. 25 from Resolution No 7058 and to modify the wording of Condition No.8, Section D-1 of Resolution No. 7059. VOTE: 4-1-1 AYES: Chairperson Black, Commissioner Anderson, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS Commissioner Segall stated the recent Community Appreciation Celebration honoring the first responders and community held at the Safety Center was a positive event for the community. Commissioner Anderson thanked Commissioner Segall for his support to the community and the first responders. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of June 4, 2014, was adjourned at 7:36 ~~ DON NEU City Planner Farah Nisan Minutes Clerk