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HomeMy WebLinkAbout2015-04-01; Planning Commission; MinutesPlanning Commission Minutes April 1, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: April 1, 2015 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Scully called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Segall led the Pledge of Allegiance. ROLL CALL Present: Chairperson Scully, Commissioners Anderson, Black and Segall Absent: Commissioner L’Heureux, Montgomery and Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Shannon Werneke, Associate Planner Austin Silva, Assistant Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Scully asked if there were any corrections or revisions to the minutes of the meeting of March 18, 2015. MOTION ACTION: Motion by Commissioner Black and duly seconded by Commissioner Segall to approve the minutes of the Regular Meeting of March 18, 2015. VOTE: 3-0-4 AYES: Chairperson Scully, Commissioner Black, and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann ABSTAIN: Commissioner Anderson PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Scully asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Planning Commission Minutes April 1, 2015 Page 2 1. CUP 14-08 – ST. KATHERINE’S ORTHODOX MISSION – Request for a Conditional Use Permit to allow St. Katherine’s Orthodox Mission to operate and hold worship services in a vacant 4,965 square foot suite located within an existing 38,875 square foot office/industrial building on property located at 2720 Loker Avenue West in the P-M zone, in Local Facilities Management Zone 5. 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 Section 15301(e)(1) – 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 Scully asked if any member of the audience wished to address Agenda Item 1. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Segall that the Planning Commission approve Agenda Item 1. VOTE: 4-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann ABSTAIN: None Chairperson Scully 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. CUP 14-04 – DEHESA CHARTER SCHOOL – Request for a Conditional Use Permit for a term of 10 years for a Pre-K through 12th grade school accommodating up to 220 students and 18 staff members within the first floor (11,688 square feet) of an existing three-story mixed use development in the Bluwater Crossing development, located at the southeast corner of Avenida Encinas and Embarcadero Lane, in the C-T zone, Poinsettia Properties Specific Plan (SP 210(A)) and Local Facilities Management Zone 22. The project qualifies as a CEQA Guidelines Section 15301(a) (Existing Facilities) Categorical Exemption. Mr. Neu introduced Agenda Item 2 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 Scully asked if there were any questions of staff. Commissioner Black asked staff to define “closely monitored parking” and the detail that goes into that. Ms. Werneke stated that beyond the standard condition for an annual review for the conditional use permit, she anticipates the issue to be closely monitored by the community itself by the residents that live above the units, by the property management company. If parking becomes an issue, the property management company will hear about it as well as the city. Commissioner Anderson asked about the planned traffic flow for student drop-off in the morning. Ms. Werneke stated the parents will be volunteering to direct traffic, and there should be an open access at the driveway at all times. Commissioner Anderson asked about the direction of the traffic. Ms. Werneke stated that parents will directed to the southerly entrance of the development. Commissioner Anderson asked if Planning Commission Minutes April 1, 2015 Page 3 there will be a barricade placed at the other driveway so that even residents have to use the south entrance as well. Ms. Werneke deferred to the applicant for response. Commissioner Anderson asked if the city’s sign ordinance allows for a stand-alone sign for the school. Ms. Werneke stated there is currently an existing monument sign and the site is not allowed another monument sign. The existing sign might need to be modified in order to add a sign for the school. Commissioner Segall asked for clarification on the height of the playground fence. Ms. Werneke stated the fence is 6.5 feet. Commissioner Segall asked for clarification regarding the parking stalls and the number of students being dropped off at any given time. Jason Geldert, Engineering Manager, stated that 35 students at a time will be dropped off and that should go relatively quickly. Commissioner Segall stated his concern about residents possibly having to drive on the opposite side of the street which can cause frustration. Mr. Geldert explained that the queue for the drop-off will work like a conveyor belt and should move rather quickly and for a limited time. Commissioner Segall asked if the traffic engineer has observed those behaviors at similar locations. Mr. Geldert stated that staff from Land Development Engineering did go and observe other sites and noted traffic moved quick even with larger schools. Commissioner Segall stated his concerns about the potential safety issues. Commissioner Segall asked about a letter from Mr. Laubach. Mr. Geldert deferred the question to the applicant. Commissioner Black asked for the location of the queuing. Mr. Geldert directed the Commission’s attention to the slide on the screen and indicated the proposed flow of traffic. Commissioner Anderson asked about escorts for the preschoolers. Ms. Werneke deferred the question to the applicant. Commissioner Anderson asked about parking on Avenida Encinas. Ms. Werneke stated parents can park on Avenida Encinas and walk the students in. Chairperson Scully commented on the continuous streaming of vehicles for drop off as well as students entering the school. Commissioner Segall commented that drop off starts at 7:15 and ends at 9:00. Mr. Geldert responded that the Montessori drop off times will be different as that is a daycare and not a school. Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning & Engineering, 3156 Lionshead Avenue, Suite 1, Carlsbad, representing Dehesa Charter School, gave a brief presentation and stated he would be available to answer any questions. Teri Novacek, executive director of Dehesa Charter School, 14441 Monteil Road Suite 103, Escondido, gave a brief presentation and stated she would also be available to answer any questions. Chairperson Scully asked if the applicant can accept a change the length of the CUP from 10 to 5 years with a status review in 2 years. Mr. Hofmann stated the preference is to stay with a 10-year approval, with a review in 2 years. Chairperson Scully asked if there were any questions of the applicant or of staff. Chairperson Scully inquired about the geographic areas the students will be coming from. Ms. Novacek stated there was no way to know. Chairperson Scully asked if there were any other questions of the applicant or of staff. Seeing none, she opened public testimony on Agenda Item 2. Andy Laubach, 183 Calle Magdalena, Encinitas, manager of the inclusionary apartments above the proposed school, stated his concerns with the compatibility of the school with the residential units. He commented that he would like to see certain business hours for the operation of the school, such as 7:00 a.m. – 6:00 p.m. weekdays, and not open on weekends. He would also like to have the project conditioned to have no loud noises or limited loud noises. Planning Commission Minutes April 1, 2015 Page 4 Chairperson Scully 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 if the applicant wished to respond to the issues raised. Bill Hofman stated that he did speak with Mr. Laubach, and because of that meeting he did prepare added conditions, which he read into the record. Commissioner Black asked about special events on the playground on the weekends. Mr. Hofman stated that one event he is aware of is once a year there is a pancake breakfast. He added that residents will be informed of any such events, and parking will be signed for certain hours. Commissioner Segall asked if parking would be allowed before normal hours. Mr. Hofman stated yes. Commissioner Anderson inquired about music classes and if it includes singing. Ms. Novacek stated that she cannot say there will not be singing. Commissioner Segall asked how many evening events there might be. Ms. Novacek stated an evening event will only be for one of the programs, perhaps a couple times a year. DISCUSSION Commissioner Segall stated his concern would be having a process to address any unforeseen issues that have not been addressed. He really wants to be sure there are enforcement policies in place. Mr. Neu stated that if issues do come up, ultimately the complaints find their way to the city. The project was approved as a mixed use project. The permit can be revoked if there are no ways to make it work and it would return to the Commission as a last resort. Chairperson Scully stated that she would like to change the CUP to a 5 year approval with a status report in 2 years. Chairperson Scully asked if the Commission was agreeable to including the 4 additional conditions as presented by Mr. Hofman. By a show of hands, the Commission agreed. Commissioner Segall added that he was in concurrence as long as staff also agreed with the conditions. He suggested adding a specific number of events to the first condition. Commissioner Black stated he is happy to see a school proposed for the site. He would like to see a two year review but keep the permit at 10 years. Commissioner Anderson commended the applicant for open communication with the neighbors. She commented that she too would like to limit the number of events occurring at the site, and she likes the idea of a 5 year CUP approval. Chairperson Scully also likes the idea of a school at this site. She would like to have a 5 year CUP with a two year status review. Commissioner Segall asked what the advantage is for approving a 5 year CUP versus a 10 year CUP. Mr. Neu stated either way issues can be addressed but added that it is easier to not extend a permit versus having to revoke a permit. Mr. Hofman stated the lease is based on a 10 year approval, and the lease can be revoked if that timeframe is changed. Commissioner Segall stated he would support a 10 year approval. Ron Kemp explained Condition No. 14 requires an annual review along with other protections. The item can come back before the Commission if issues arise once the school is operational. Chairperson Scully asked for a show of hands of all those in support of changing the CUP approval to 5 years instead of 10 years. Commissioner Anderson was the only Commissioner to show support of that change. Planning Commission Minutes April 1, 2015 Page 5 MOTION A motion was made by Commissioner Anderson, which was seconded by Commissioner Segall, that staff provide the Commission a status report within two years of project approval as well as the required annual review. The Commission voted 4-0. MOTION A motion was made by Commissioner Anderson, which was duly seconded by Commissioner Segall, to include the conditions as written by the applicant, including the limitation that any external events be conducted by the developer/operator for their own use. The motion passed by a vote of 4-0. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7092 approving CUP 14-04 for a term of 10 years, based upon the findings and subject to the conditions contained therein including the additional conditions proposed by the applicant as well as a status report within 2 years of project approval and that external events be limited to the developer/owner for their own use. VOTE: 4-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black and Commissioner Segall NOES: None ABSENT: Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann ABSTAIN: None Chairperson Scully 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. 3. MP 02-03(G)/SDP 14-08/SUP 14-04/MS 14-07- ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 7 AND 8 – Request for a determination that the project is within the scope of the previously certified Robertson Ranch Master Plan Environmental Impact Report (EIR 03-03) and the previously adopted Mitigated Negative Declaration for the Robertson Ranch West Village (MP 02-03C) and for a recommendation of approval of a Master Plan Amendment to transfer 20 residential units within the Robertson Ranch West Village from Planning Area 7 to Planning Area 8, a Site Development Plan and Special Use Permit for the development of 364 multi-family rental residential units within Planning Areas 7 and 8 of which 101 are lower income and age restricted, 56 are moderate income restricted, and the remainder are market rate rental units, and a minor subdivision subdividing Planning Area 8 into two lots, all within the Robertson Ranch Master Plan on property located north of El Camino Real south of Tamarack Avenue and west of Cannon Road in Local Facilities Management Zone 14. Mr. Neu introduced Agenda Item 3 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 Sully asked if there were any questions of staff. Commissioner Anderson asked about the recreation facilities for the seniors. Mr. Westman stated a community garden, an outdoor patio with a fireplace, a bocce ball court, meandering paths and passive landscape area, and an indoor recreation facility will all be included. Commissioner Anderson commented that an emergency vehicle would not be able to access the areas blocked by the bollards. Mr. Westman stated the intention is that the bollards can be removed in case of emergency. Commissioner Anderson inquired if that was acceptable with emergency services. Mr. Westman stated that both the Fire Department and Police Department have reviewed the proposal, and neither had any concerns. Planning Commission Minutes April 1, 2015 Page 6 Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Paul Klukas, Planning Systems, 1530 Faraday Suite 100, Carlsbad, gave a presentation and stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of the applicant. Commissioner Anderson asked if the applicant believes there will be enough parking particularly in the senior area. Mr. Klukas stated that the Master Plan is ambiguous regarding the required parking for senior housing. Jack Gallagher, Dahlin Group, 539 S. Cedros Avenue, Solana Beach, stated that they are requesting what is typical for the industry. Commissioner Anderson asked if the spaces will be assigned. Mr. Gallagher stated every unit will have at least one covered, assigned space. Doug Griffith, with Shapell Homes, 8383 Wilshire Blvd, Beverly Hills, stated they anticipate enough parking for the residents as well as the caretakers and/or guests. Commissioner Segall asked if there is one parking space per bedroom. Mr. Griffith stated yes. Chairperson Scully asked about the garages in the market rate and affordable units. Mr. Griffith stated those will be assigned and some will have direct access to the unit. Other garages can be assigned as needed. Chairperson Scully asked if there were any other questions of the applicant. Seeing none, she opened and closed public testimony on Agenda Item 3. DISCUSSION Commissioner Segall stated he likes the project and appreciated staff’s explanation of the standards modifications. He stated he can support the project. Commissioner Black stated he can support the project and thanked staff for their time during the briefings. He thinks the project will be beautiful once it is constructed and sees no issues with the proposed modifications. Commissioner Anderson stated she can support the project. She likes the recreational facilities and thinks the project looks attractive. Chairperson Scully stated she can also support the project. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Segall that the Planning Commission adopt Planning Commission Resolution No. 7093 recommending approval of Master Plan Amendment (MP 02-03(G)), Site Development Plan (SDP 14-08), Special Use Permit (SUP 14-04), and Minor Subdivision (MS 14-07) based on the findings and subject to the conditions contained therein. VOTE: 4-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black and Commissioner Segall NOES: ABSENT: Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 3 and thanked staff for their presentations. Planning Commission Minutes April 1, 2015 Page 7 COMMISSION COMMENTS Commissioner Anderson asked about more beach parking. Mr. Neu stated that is currently being reviewed with the Coastal Corridor project combined with efforts of the Village Master Plan. Commissioner Anderson inquired about the accessibility issues with the beach. Mr. Neu stated that Parks and Recreation staff has been made aware of the issue and is working on a solution. Chairperson Scully stated the bathroom remodel at Tamarack is beautiful. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of April1, 2015 was adjourned at 8:37 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk