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HomeMy WebLinkAbout2016-08-17; Planning Commission; MinutesPlanning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER August17,2016 PLANNING COMMISSION 6:00p.m. August 17, 2016 COUNCIL CHAMBER Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Segall led the Pledge of Allegiance. ROLL CALL Page 1 Present: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, Segall and Siekmann Absent: Commissioner Goyarts STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Senior Office Specialist Christer Westman, Senior Planner Jason Goff, Associate Planner Chris Garcia, Associate Planner Pam Drew, Associate Planner Teri Delcamp, Senior Planner Kyle Lancaster, Parks & Recreation Super Intendant Jason Kennedy, Public Works Facilities Manager APPROVAL OF MINUTES Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of July 6, 2016. MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of July 6, 2016, as amended. VOTE: 5-0-2 AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Commissioner Goyarts ABSTAIN: Commissioner Segall PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Chairperson Anderson asked if anyone in the audience wished to speak to an item not on the agenda. Theresa Barnes, 3445 Lakewood Street, stated her support for using hearing impaired safety logos that are user friendly around the city and thanked staff for their efforts. Planning Commission Minutes August17,2016 Page 2 Jan Bandich, 4529 Cove Drive, Suite 101, stated her opposition to the pending approval of the Carlsbad Boat Club & Resort located at 4509 Adams Street. She stated her concerns with increased usage of the lagoon, safety issues on the beach and lagoon, noise levels, the pollution and threat to wildlife, traffic, parking issues, and adequate water and sewage for the total amount of the proposed units. Steve, Bandich, 4529 Cove Drive, Suite 101, stated his opposition to the pending approval of the Carlsbad Boat Club & Resort for safety, security, sustainability, overcrowding with the motor boats, jet skis and passive water vehicles. Rosanne Bentley, 4940 Hillside Drive, stated her opposition to the Carlsbad Boat Club & Resort on 4509 Adams Street due to density, noise pollution, lack of space for parking, and traffic on Adams Street. RECESS Chairperson Anderson called for a 5-minute recess at 7:42 p.m. MEETING CALLED TO ORDER Chairperson Anderson called the meeting to order at 7:47p.m. with all Commissioners present and asked Mr. Neu to introduce the first item on the Agenda. PLANNING COMMISSION PUBLIC HEARING 4. CUP 16-03-ABSTRACT ALE WORKS-Request for a Conditional Use Permit to allow Abstract Ale Works to operate a brewery tasting room in an existing industrial building on property located on the northeast corner of Yarrow Drive and Camino Vida Roble addressed as 6350 Yarrow Drive, Suite C, in the P-M Zone and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, "Existing Facilities," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. Mr. Neu stated Agenda Item 4 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 4. Commissioner Black stated that he would like to recuse himself from Agenda Item 4. Chairperson Anderson asked if any member of the audience wished to address Agenda Item 4. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7186 recommending approval of CUP 16-03, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Anderson, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Goyarts ABSTAIN: Commissioner Black Planning Commission Minutes August17,2016 Page 3 Chairperson Anderson closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. 1. COP 15-45-ABDI RESIDENCE -Request for approval of a Coastal Development Permit to allow for the demolition of a 4,200 square foot two-story single-family residence and the construction of a 5,487 square foot two-story single-family residence with a 2,564 square foot habitable basement within the Mello II Segment of the City's Coastal Zone located at 5263 Shore Drive within Local Facilities Management Zone 3. The project site is 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 Section 15303(a) construction of a single family residence of the state CEQA Guidelines. Mr. Neu introduced the first item and stated Senior Planner Christer Westman would make the presentation. Commissioner Siekmann stated that she would like to recuse herself from Agenda Item 1. Commissioner Montgomery stated that he would like to recuse himself from Agenda Item 1. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson referred to Item 2 on the errata sheet and asked who is being restricted regarding the mitigation measures on the beach. Mr. Westman replied stating the property owner and future owners of the lot. Chairperson Anderson stated that the previous version of the errata sheet specified that the applicant, the successor and the terms seemed general, and asked if that would potentially include the city. Assistant City Attorney Ron Kemp stated that the way that it is written is ambiguous, however, because this is the conditions of approval for construction of the Abdi Residence, these are conditions put on the property owner and no one else. Mr. Kemp also stated that it could be modified to put in language that it is restricted just to the property applicant if the Commissioners so desire. Chairperson Anderson stated that the previous version makes better sense stating that the applicant and the future of assignees are limited. Commissioner L'Heureux asked if items 2 and 3 of the errata would be in some form of a recorded document as they are only attached to a resolution that is not recorded. He also asked how the future owners of the property would know that there is an encumbrance or limitation. Mr. Kemp replied stating the best way is to record a Notice of Restriction on Real Property. Mr. Neu clarified stating that a Notice of Restriction refers back to the resolution of approval for the requirements and staff could modify the Notice of Restriction that goes against the title to specify items 1 and 2 of the errata sheet. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Matt Peterson, Law Offices of Peterson & Price, Suite 1800, 530 B Street, San Diego, stated that the conditions contained within the errata sheet were voluntary to satisfy the California Coastal Commission staff and are intended for the property owner, the applicant and binding upon their successors. Rick Kauffman, Harcourt & Kaufman Architecture, Suite 300-135, 1127 Eldridge Parkway, Houston, TX, 77079, gave a brief presentation and stated he would be available to answer any questions. John Coffey, Civil Engineer, Suite 210, 9666 Business Park Avenue, San Diego, stated he would be available to answer any questions related to drainage. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 1. Chairperson Anderson asked Mr. Kemp what the city's responsibility is regarding the governance of the restriction regarding shoreline protection if there was a violation in the future. Mr. Kemp replied stating that the city could have some responsibility enforcing the condition. Planning Commission Minutes August 17, 2016 Page4 DISCUSSION Commissioner Black stated that the architecture is well designed and can support the project. Commissioner L'Heureux stated that he can support the project and is still unclear on the incorporation of new conditions 1 and 2 of the errata sheet into the resolution or the Notice of Restriction. Mr. Neu stated that once the Planning Commission adopts the project resolution and the errata sheet, staff will incorporate the conditions into the resolution, the final document would be signed, and the Notice of Restriction would be recorded, as the standard format refers to the resolution number. Mr. Neu also stated that the Commission could consider an alternative for staff to incorporate the changes directly into the Notice of Restriction that would be recorded against title conditions 1 and 2 so that someone does not have to go to the Notice of Restriction and then to the Resolution. Commissioner Segall stated that he can support the project and commented that incorporation of the conditions into the resolution should be resolved with direction from Mr. Kemp. Mr. Kemp stated that the Planning Commission could make the decision to add the conditions to the resolution aimed to the Notice . of Restriction, which would put a title company on a better notice than having a reference to a resolution. Chairperson Anderson stated that she would like to consider adding language that is being limited to the applicant, assignees, and successors. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7168 approving Coastal Development Permit COP 15-45 based upon the findings and subject to the conditions contained therein including the 3 conditions added as described in the errata and to include the applicant's acknowledgement of hazards and restriction to future shoreline or bluff protection in the Notice of Restriction. VOTE: 4-0-3 AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux and Commissioner Segall NOES: None ABSENT: Commissioner Goyarts, Commissioner Montgomery and Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 1, invited the Commissioners back to the dais, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. COP 16-18/AV 16-03 -RANCHO PARADISO -Request for approval of a Coastal Development Permit and Minor Variance to allow for the construction of a 1,983 square foot single-family residence with an attached two-car garage within the Mello II Segment of the city's Local Coastal Program generally located on the north side of Normandy Lane (APN 203-023-04-00) within Local Facilities Management Zone 1. 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 Section 15303(a), construction of a single-family residence and Section 15305, minor alterations in land use limitations, of the state CEQA Guidelines. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Chris Garcia would make the staff presentation. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Planning Commission Minutes August17,2016 PageS Chairperson Anderson asked if there were any questions of staff. Seeing none, she asked if the applicant wished to make the presentation. Kirk Moeller, MAA Architects, Suite 250, 2173 Salk Avenue, gave a brief presentation and stated he would be available to answer any questions. Commissioner Black asked what the purpose of the elevator was for the project. Mr. Moeller stated that the property owner plans to permanently live in the residence and is planning to utilize the elevator for when he is in his older years potentially not being able to use stairs. Commissioner Siekmann asked if the property would be ready for future solar panels. Mr. Moeller replied stating that the resident does not plan to install solar panels due insufficient panel space. Commissioner Siekmann asked what other environmental options have been considered. Mr. Moeller stated drought tolerant landscaping, composite wood siding instead of natural wood siding, and porcelain stone instead of natural stone. Chairperson Anderson asked if the entry of the property had natural lighting. Mr. Moeller stated yes, the door would have some glass to allow for natural lighting. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 2. Chairperson Anderson stated that several letters from the property owner's neighbors have been submitted in support of the project. DISCUSSION Commissioner Montgomery stated that he could support the project. Commissioner Black stated that he could also support the project. Commissioner Siekmann stated that she could support the project. Commissioner L'Heureux stated that he could support the project. Commissioner Segall stated that he could support the project. Chairperson Anderson stated she could also support the project. MOTION ACTION: VOTE: AYES: NOES: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7183 approving Coastal Development Permit COP 16-18 and Minor Variance AV 16-03, based upon the findings and subject to the conditions contained therein. 6-0-1 Chairperson Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann None ABSENT: Commissioner Goyarts ABSTAIN: None Chairperson Anderson 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 August 17, 2016 Page6 3. COP 16-23 -OCEAN STREET BEACH ACCESS IMPROVEMENTS -Request for approval of a Coastal Development Permit to allow for improvements at seven (7) public beach accesses within the Mello II Segment of the city's Coastal Zone located on the west side of Ocean Street, north of Oak Avenue to Rue Des Chateaux within Local Facilities Management Zone 1. The project site is 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 Natural 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 state CEQA Guidelines Sections 15301 -repair and maintenance to existing facilities; 15302 - replacement or reconstruction of existing facilities; 15303 -new construction; and 15304 -minor alterations to the land and vegetation. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Pam Drew and Parks & Recreation Super Intendant; Kyle Lancaster would make the staff presentation. Ms. Drew and Mr. Lancaster gave a brief presentation and stated they would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Siekmann asked for more information on lighting. Mr. Lancaster stated that the lighting is intended for safety purposes as each of the access ways are currently unlit. The intent is to provide better lighting for the public and each of the fixtures are low-level style. Chairperson Anderson asked if the cypress access point had public access signs. Mr. Lancaster stated that the current small access sign on the gate would be replaced with a wall mounted beach access sign. Chairperson Anderson stated that she is happy to see companion handicap parking. Mr. Lancaster stated that a handicap accessibility specialist has reviewed the concept plans and has advised to add that to the construction drawings. Commissioner L'Heureux asked if the lights would remain on all night. Mr. Lancaster replied stating yes, the intent would be for public safety. Commissioner Segall asked if there would be a place designated for people to wash the sand off their feet. Mr. Lancaster replied stating that there are showers currently located at the Oak Avenue location that is privately maintained by Carlsbad Inn. Mr. Lancaster added that staff will be looking into a separate CIP project for the possibility for adding restrooms with shower facilities at an appropriate beach access location. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if any person in the audience wished to speak on the item. Michael Selna, 3001 Ocean Street, stated his concerns with hours of operation and safety, increased volume of visitors, public intoxication and suggests having lifeguards at the beach. Lynn Bennadict, 2691 Ocean Street stated her concerns with narrow public stairs, drug trafficking, intruders destroying private property, loitering, graffiti, breaking safety lights and stated that she would like a gate that closes the area at night for deterrence to provide privacy for the residence. Commissioner Black asked what access points are closest to her property. Ms. Bennadict replied Ocean Street and Beech Street. Evy Kunkel, 2689 Ocean Street, stated her concerns with public safety, police enforcement, and added that an addition of cameras and a gate would help improve the area. Chairperson Anderson asked if there were any other members in the audience wished to speak on the item. Seeing none, Chairperson Anderson closed public testimony on Agenda Item 3. Chairperson Anderson asked if staff would like to address the issues raised. Mr. Lancaster replied stating that staff has met with Mr. Selna on sight to address his concerns with hours of operation, and currently there are no limits to the available use to that portion of the beach. He mentioned that there is a separate team of city staff headed up by the fire chief and police chief looking at lifeguarding and public safety. Mr. Lancaster added that if the hours of operation would change, as it has been taken forward to council as an amendment, hours of operation would be posted and lighting would likewise be modified if necessary. He Planning Commission Minutes August17,2016 Page 7 concluded stating that there currently is research being done on what other cities do with similar type of beach areas and options will be brought back for the City Council's consideration in the near future. Chairperson Anderson asked if there are signs indicating a lifeguard present at the location. Mr. Lancaster stated no, the State of California does a pass-through when they are at their north end of the beach, dividing lines at Oak Avenue, and do not have responsibility for that segment of the beach as it is privately owned with a lateral easement with the city. Chairperson Anderson asked if there were any further questions of staff. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 3. DISCUSSION Commissioner Montgomery stated he could support the project. Commissioner Black stated he can also support the project and concurs with Commissioner Montgomery. Commissioner Siekmann thanked staff for their part on how they conducted the public outreach and stated that she can support the project. Commissioner L'Heureux stated he could support the project. Commissioner Segall stated that he concurs with his fellow commissioners and could support the project. Chairperson Anderson stated that she could also support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7189 approving Coastal Development Permit COP 16-23 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Anderson, Commissioners Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Goyarts ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 3 and called for a 1 0-minute recess. RECESS Chairperson Anderson called for a 10-minute recess at 8:01 p.m. MEETING CALLED TO ORDER Chairperson Anderson called the meeting to order at 8:11 p.m. with all Commissioners present. Mr. Neu introduced Agenda Item 5 and stated Senior Planner Teri Delcamp would make the staff presentation. 5. EIR 98-0S(A)/SP 211 (8) -CARLSBAD OAKS NORTH SPECIFIC PLAN AMENDMENT FOR LOTS 1 & 2 -Request for a recommendation of approval of an addendum to Environmental Impact Report (EIR) 98-08 and approval of a Specific Plan Amendment to remove a requirement for Lot 1 or 2 of the Carlsbad Oaks North Specific Plan to be developed with commercial support uses instead of light industrial on property generally located at the southwest and northwest corners of Faraday Avenue and El Fuerte Street within the Carlsbad Oaks North Business Park and in Local Facilities Management Zone 16. The City Planner has determined that this project would not result in any previously- Planning Commission Minutes August17,2016 Page 8 undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts or additional significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan, and does not create the conditions requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA Guidelines Sections 15162 and 15163. Therefore, an Addendum to EIR 98-08 has been prepared. Ms. Delcamp gave a brief presentation and stated she would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Seeing none she asked if there were any questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 5. DISCUSSION Commissioner Montgomery stated he could approve the project. Commissioner Black stated he could support the project. Commissioner Siekmann stated that she could also support the project. Commissioner L'Heureux stated he could support the project. Commissioner Segall stated he could support the project. Chairperson Anderson stated that she could also support the project. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission 1) adopt Planning Commission Resolution No. 7187 recommending approval of an Addendum to Environmental Impact Report (EIR) 98- 08, as contained in application EIR 98-08(A); and 2) adopt Planning Commission Resolution No. 7188 recommending approval of Specific Plan Amendment (SP) 211 (B), based on the findings and subject to the conditions contained therein. 6-0-1 Chairperson Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann None Commissioner Goyarts ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 5, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 6. 6. CUP 15-09-GUNTHER GUNS SHOOTING RANGE-A recommendation of approval of a Conditional Use Permit to allow for a 16 lane indoor shooting range and a 1,680 square foot retail gun store within a 13,932 square foot stand-alone building on property located at 2717 Loker Avenue West within the Carlsbad Airport Business Center Specific Plan and 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 state CEQA Guidelines Section 15301 -Existing Facilities, and Section 15332-In-fill Development Projects. Mr. Neu introduced Agenda Item 6 and stated Associate Planner Jason Goff and Public Works Facilities Manager, Jason Kennedy would make the staff presentation. Commissioner Siekmann stated that she would like to recuse herself from Agenda Item 6. Planning Commission Minutes August17,2016 Page 9 Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Commissioner Montgomery asked if one end of the shooting range would have more directional noise. Mr. Goff stated that the noise consultant has analyzed noise at the end of the range as well as the edges of the point of fire. Commissioner Black asked if the city has the right to address enforcement if the projected decibels are incorrect after testing. Mr. Goff replied stating that the Building Division would go through with the final inspections making sure that the facility is operational and safe, and Planning Division would hold allowing the issuance of the Certificate of Occupancy until the noise study determines that they are operating within those standards. Commissioner Black asked how long it would take to get the air generators operational during a power outage when shooting is occurring and if there is a procedure in getting customers to evacuate the building due to lead exposure. Mr. Kennedy replied stating that if a power outage occurs, the standard operating procedure is to cease fire at the firing line, pull back off the range and make weapons safe so that no one is in that environment. Commissioner Black asked if there were emergency battery- operated lights that would come on. Mr. Kennedy stated that staff would consider that engineering of the design of the range. Commissioner Black stated his concerns with the brewery being so close to the shooting range and asked if there were safety procedures to examine people who might have been consuming alcohol. Mr. Goff stated that the standard operating procedures puts an onus on the range safety officers (RSO) and they would have to identify that based on the orientation of the entrance. Commissioner Black asked for verification that the standard operating procedures does not permit automatic weapons on the range at all times. Mr. Goff stated yes. Commissioner Segall asked if the church would be excluded from a large public assembly location classification. Mr. Neu stated that churches were not included within the 600-foot buffer requirement. Mr. Neu clarified the ordinance includes public and private schools, parks, day care facilities, residential uses, and residentially designated land uses and/or zoning. Chairperson Anderson referred to Chapter 4 of the operations manual and asked where the classes for inexperienced shooters would take place. Mr. Goff replied stating that a range safety officer would instruct an inexperienced shooter one on one at the shooting range. Chairperson Anderson inquired about the four exterior doors. Mr. Goff stated that some of the doors of the building would remain closed for safety, direction of the bullet travel as well as noise. Commissioner Segall asked if a 20-foot buffer between the subject property and the neighboring building is good planning. Mr. Kennedy replied stating that there is a maintenance space located behind the bullet trap for access, storage and maintenance. Mr. Neu added that the ordinance states the requirement for a shooting range is to be in a standalone building, specifically stating that it cannot be in a multi-tenant building. Chairperson Anderson asked if it is impossible to shoot a bullet out of a ceiling. Mr. Kennedy stated that the trajectory of a bullet would be a straight-line shot and the facility is a no-tactical shooting range. Commissioner Montgomery asked if the city has conducted a noise survey on the current ambient noise around the project. Mr. Goff stated yes. Commissioner Montgomery stated his concerns with the facility creating a nuisance to the surrounding properties. Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make the presentation. Mike Howes, 2888 Loker Avenue East, made a brief presentation and stated he would be available to answer any questions. Lisa Gunther made a brief presentation and stated she would be available to answer any questions. Commissioner Anderson inquired about classroom requirements for inexperienced beginner shooters. Ms. Gunther stated that she could see it as a one-on-one type of instruction held with a range officer and they could be required to watch instructional videos for safety, knowledge and handling. Greg Gunther, Gunther Gun's Gift Shop, commented that he is currently an NRA firearms instructor and stated that the best way to train someone is one-on-one rather than a large group. He stated that they fully intend on following all the noise restrictions and added that it would be great for the Planning Commission to consider that they are in the direct path of Palomar Airport. He clarified that the ABC license for the Planning Commission Minutes August17,2016 Page 10 brewery is for a tasting room and not a bar; and added that the owners would coordinate with them to utilize a hand stamp on all of their customers to distinguish those who might be inebriated. Mr. Gunther added that would help the range masters and stated that they would not have an issue with having a breathalyzer equipment on site. Shooting requires a sober, clear thinking person and they will make sure that that is always the case. Chairperson Anderson asked Mr. Gunther if it is his intent to run the business himself. Mr. Gunther replied yes. Commissioner Montgomery asked how Gunther Guns would reconcile with customers who rent firearms with suicide prevention requirement. Ms. Gunther stated that they have never operated a shooting range before and that the standard operating procedure is the best practices that they have gathered from research, talking with Mr. Kennedy and others from the Carlsbad safety center. She stated that many ranges typically would have the procedure of bringing a gun, therefore customers could then rent a gun, or they go with the buddy system, as customers could not attend a shooting range by themselves and would attend with a friend who already has firearms in order to rent a gun or have a range officer be with them in the lane showing the various firearms for rental. Commissioner Montgomery inquired about the path if the Gunther's want to amend or improve the standard operating procedures. Mr. Goff stated that it would be an administrative process filed at the Faraday Administrative offices to allow it to happen with proper oversight as mentioned in condition number 23 of the resolution addressing any future revisions or modifications to the safety management plan directing it to the approval by the Carlsbad chief of police or designee, Public Works director designee, or City Planner designee. Commissioner L'Heureux asked what the standard number of range safety officers needed in the facility. Mr. Gunther stated that the facility would have one full time range safety officer on the premises and in the shooting lanes at all times. Commissioner Black stated his concerns with background checks. Ms. Gunther commented that anyone who comes to a range with a gun have already been through at least one background check because they were able to purchase the gun. Commissioner Black asked if psychological background checks are a part of the procedures. Ms. Gunther stated no. Commissioner Black added that he loves the idea of stamping ink on customers' hands who have been visiting the tasting room. Mr. Gunther stated that they would be more than happy to supply the inkpad and stamps to the brewery tasting room. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Mark Freedman, 7967 Represa Circle, stated that he is excited about the idea of having a shooting range close to home where he can go and safely practice the sport. He added that he likes being there and hopes that the Planning Commission would approve the project. David Fisher, 1 062 Beacon Bay Drive, stated that this project is not a judgement about firearms, supports the idea of owning firearms and that people need to know how to operate, handle and store firearms properly. Bill lms, 2023 Caleta Court, stated that he strongly urges the Planning Commission to support the project and added that he believes a gun range in Carlsbad will benefit everyone as shooting is a perishable sport that requires training at all times. He stated that he is reluctant to practice because of the travel time spent in driving to a shooting range outside the city where he lives and having a gun range just 10 minutes from his home will encourage him to be more proficient and competent in using firearms. Melanie Burkholder, 4040 Sunnyhill Drive, stated that she supports the project and that safety and quality are important for Carlsbad. Thomas Krause, 6637 Curlew Terrace, stated that he believes the best place for gun owners to practice with their own weapons is in a shooting range indoors and added that the public is counting on the Planning Commission to move the process to the next step. Tom Rhatigan, 1074 Beacon Bay Drive, stated that parking and noise is not an issue for his business and that he supports the project. Amber Hansen, 3654 Spyglass Way, stated that she felt comfortable in the Gunther shop as a new shooter. Planning Commission Minutes August17, 2016 Page 11 Matt Foster, 1558 Trellis Lane, Escondido, 92026, commented that he supports the project and will be driving from Escondido to Carlsbad to shoot at the range. James Hansesn, 3654 Spyglass Way, stated that a shooting range would provide safety and security to the community. Chairperson Anderson asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 6. MOTION A motion was made by Chairperson Anderson, which was seconded by Commissioner Segall, to extend the meeting until10:30 p.m. The Commission voted 5-0-2 (Goyarts and Siekmann absent). DISCUSSION Commissioner Montgomery stated that the City of Carlsbad has one of the most restrictive ordinances throughout the country and added that it will ensure the enjoyment, entertainment, and safety within the city. He stated that the journey was arduous; he can make the findings for approval for the project as they have met the intent of the ordinance and stated that the Gunther's are meeting a direct need for the citizens of Carlsbad. Commissioner Montgomery wished Mr. and Mrs. Gunther much success. Commissioner Black stated that he had some concerns with the close proximity of the brewery and trusts Mr. Gunther will have the necessary training for people at the range to recognize for an inebriated person; however, it is no longer a concern. He stated that his concerns with lead as power outage occurs has been mitigated during discussion with staff and does not think it would be a problem. Commissioner Black stated that he likes the idea of having the hand stamp when a person comes into the brewery. He stated that he likes to shoot firearms as he has been shooting since he was 15 years old in both civilian and in the military. He added that he has been in several indoor and outdoor shooting ranges and has seen the safety officer perform his or her duty when something goes array such as a misfire, an accidental fire, dropping of a weapon on the ground by accident causing an instant cease-fire on the line then that person who creates the issue is talked to, depending on the severity of the situation, is asked to leave the range. Commissioner Black stated that the safety in the range is not a problem with him with the way that it is set up. He feels very good about it, as he has reviewed the material and all the findings have been made, he concurs and agrees to this project. Commissioner L'Heureux stated that he would like to thank staff, Mr. and Mrs. Gunther for the time and dedication put into this project. He stated that he originally had a number of concerns in the area with safety, parking, noise and compatibility that have all been answered. He is pleased to see the parking spaces clustered around the property and should not have an impact on the surrounding businesses. Commissioner L'Heureux suggested that the Commission consider amending condition number 11 that addresses the length of the Conditional Use Permit and stated that he is concerned with the shooting range being the first in town; Mr. and Mrs. Gunther admitting that they are new at the business and the operational manual will be an evolving document. He concluded that he supports after 18 months that a report to the commission for a status update be required. Commissioner L'Heureux can approve the project. Commissioner Segall thanked staff for the detailed report and added that his biggest concern is he does not think the buffer is adequate for him to make a finding to support the project and feels that it is not compatible with the neighborhood. Commissioner Segall stated that he thought a shooting range located in an area where there are no other businesses around would suffice enough for a buffer for sounds and social reasons. He stated that he would support the amendment to the Conditional Use Permit and feels very strongly that 10 years is too long. Chairperson Anderson also thanked staff and the Gunther's for the length of time and effort. She concurs with Commissioners L'Heureux and Segall in supporting a modification to the Conditional Use Permit. Mr. Neu replied stating that whether the Commission adds the requirement or not, staff would annually review the Conditional Use Permit without reporting to the Commission as annual reviews are handled at a staff level. The same process is going to be undertaken by staff with the exception of taking something back for a formal public examination, whether the Commission wants that level of involvement verses delegating it to staff. Commissioner L'Heureux stated that he was thinking of suggesting an informational report after 18 months with operational history rather than a review of the conditions for comfort level. Mr. Neu stated that a status update in two years is more realistic as discussed. Planning Commission Minutes August17,2016 Page 12 Commissioner Black stated asked if the nature of the reporting process could be handled during briefings. Mr. Neu replied stating that the report back to the Commission would be an informational item, which would be noticed and published only on the Agenda and not noticing the property owners within the required notice radius for a Conditional Use Permit. Commissioner Segall asked if violations of the Conditional Use Permit or operations were to occur before the 2-year period would they be addressed. Mr. Neu stated yes. MOTION A motion was made by Segall, which was seconded by Commissioner L'Heureux to add a new condition for the applicant and staff to report back to the Planning Commission at the end of the second full year of operation. The Commission voted 5-0-2 (Goyarts and Siekmann absent). MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7190 recommending approval of Conditional Use Permit CUP 15-09, based on the findings and subject to the conditions contained therein including an additional condition as previously agreed upon by the Commission. VOTE: 4-1-2 AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux and Commissioner Montgomery NOES: Commissioner Segall ABSENT: Commissioner Goyarts and Siekmann ABSTAIN: None COMMISSION COMMENTS Commissioner Segall handed the Commission the Community Vision the EC3 came up with approved by the City Council and stated that it would be good to hold on to. Commissioner Segall added that he will be attending the League of California Cities Conference and has placed 9 topics out of all the information he has received from his fellow Commissioners. He stated that he would report back to the Planning Commission. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of March 16, 2016 was adjourned at [m DONNE~ City Planner Farah Nisan Minutes Clerk