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HomeMy WebLinkAbout2016-09-21; Planning Commission; MinutesPlanning Commission Minutes September 21, 2016 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: September 21, 2016 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson Anderson, Commissioners, Black, Goyarts, L’Heureux, Segall and Siekmann Absent: Commissioner Montgomery STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Senior Office Specialist Teri Delcamp, Senior Planner Carl Stiehl, Associate Planner Jason Goff, Senior Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of July 20, 2016. Commissioner Segall stated that he would like to add a preamble on page 8 indicating that he would be attending and representing the Planning Commission at the League of California Cities Planning Commission Academy Planning Committee meeting and asked the Commission for their input. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L’Heureux to approve the minutes of the Special Meeting of July 20, 2016 as amended. VOTE: 5-0-2 AYES: Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Montgomery ABSTAIN: Chairperson Anderson 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. Seeing none she asked Mr. Neu to introduce the first item. CORRECTED Planning Commission Minutes September 21, 2016 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Anderson asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 4. 4. CT 14-11/PUD 16-02/CUP 14-10 – CARLSBAD BOAT CLUB & RESORT – Request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. 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 15332 - In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. Mr. Neu stated that the applicant has requested a continuance and staff is recommending that Agenda Item 4 be continued to a date uncertain subject to re-noticing given the additional study the applicant proposes to prepare and community outreach that is planned. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L’Heureux that the Planning Commission continue Agenda Item 4 to a date uncertain subject to re-noticing. VOTE: 6-0-1 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. 1. ZCA 16-03/LCPA 16-02 RECYCLING REQUIREMENTS — A request for recommendation of approval of a Zoning Ordinance amendment and Local Coastal Program amendment to amend Zoning Ordinance Chapter 21.105 (Recycling Facilities and Recycling Areas) consistent with state law. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Carl Stiehl would make the staff presentation. Mr. Stiehl gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if any person in the audience wished to speak on the item. Seeing none, she opened and closed public testimony on Agenda Item 1. Chairperson Anderson stated that she has a problem with the way that the third paragraph is written on page 2, section B as it does not make it clear that the city is not requiring multifamily dwellings to divert food waste. She stated that it is all lumped together with organic waste that would put an unfair burden on property owners. Mr. Stiehl replied stating that the only change in the code is to the definition of what is considered recyclable material within the section only in the zoning ordinance. He added that the state mandate requires organic Planning Commission Minutes September 21, 2016 Page 3 waste be included within the recyclable materials. Chairperson Anderson asked if modifications to groups of units would require that whole development to modify their trash recycling areas and it is saying that an older or newer development has to provide a larger trash area to include the food waste when there is not a food waste diversion for multifamily. Mr. Stiehl stated that something like that would be reviewed by a case by case basis as it is possible a property owner will not have to change the area if they already have enough room for recycling. Mr. Kemp added that there is an exception in the law that if there is no room and a finding could be made, then it would not be required. Chairperson Anderson asked if more room meant taking up a parking space, would it mean that it is not required to take up a parking space. Mr. Kemp replied stating that if the legislative body could determine that there is no room to accommodate the extra area, then they could make a finding and not require it. Chairperson Anderson stated that she has a problem with the requirement of residential properties making accommodations for food waste diversion when they are not required to do so. Mr. Kemp clarified that the ordinance expands the definition of recyclable materials and it does not do anything beyond that. Commissioner Segall asked if there were two words added to define the ordinance further under section 42649.8. Mr. Stiehl replied yes, the terms added are ‘organic waste’ and ‘cardboard’, taking dates out from the 90’s including Stormwater Pollution Prevention. Commissioner Segall stated that he does not see Chairperson Anderson’s concern with food waste diversion in the strikeout version of the ordinance. Chairperson Anderson clarified that there is not a food waste diversion program anywhere in San Diego County, it is something the state would like to see but it is not happening yet. She stated that she could not see restaurants or multifamily units composting waste in a yard. Commissioner Siekmann commented that it appears to her that the state is trying to start going in that direction. Mr. Stiehl stated that some of the communication received from the state recycling department is that they anticipate there will be additional changes coming as this is a part of the legislative session two years ago. He stated that there could be future amendments similar to what is before the Commission. Mr. Neu, stated that until the waste hauler for the city specifies a need for a certain sized area, staff would find what is existing adequate. He added that over time when additional containers have been added, the city’s enclosure standards have been adjusted to accommodate the waste containers. Mr. Neu stated that until the program is further developed, and service is provided, that staff would find that it is adequate or ask for additional space. Chairperson Anderson asked if there were any further questions for staff. Seeing none, she closed the public testimony. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7199 recommending approval of a Zoning Ordinance amendment (ZCA 16-03) and Local Coastal Program amendment (LCPA 16-02), based on the findings contained therein. VOTE: 5-1-1 AYES: Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Siekmann and Commissioner Segall NOES: Chairperson Anderson ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. ZCA 16-02/LCPA 16-01 DENSITY BONUS AMENDMENT — A request for recommendation of approval of a Zoning Ordinance Amendment and Local Coastal Program Amendment to amend the city’s Zoning Ordinance to make the city’s regulation of density bonuses consistent with state law. CORRECTED Planning Commission Minutes September 21, 2016 Page 4 Mr. Neu introduced Agenda Item 2 and stated Associate Planner Carl Stiehl would make the staff presentation. Mr. Stiehl gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner L’Heureux asked if there is a current citywide parking study. Mr. Stiehl stated no. Commissioner L’Heureux asked if separate parking ratios for affordable housing is required. Mr. Stiehl stated no, unless a density bonus project pursuant to the tables qualifies. Chairperson Anderson stated that she has a problem with mixed development where they are complying with their percentage of low income, the market rate, and an allowance for the project to have a low parking ratio. She stated that she could see it working in a downtown area where people walk to various places close by however, she could not see seniors walking a half mile to a major transit stop. Mr. Stiehl stated that would only apply to two specific types of projects, a senior facility with a hundred percent rentals and the other is a special needs facility with a hundred percent rental for special needs only. Commissioner Segall asked what the impetus was for the legislature to create the law. Mr. Stiehl replied stating that assembly members from Los Angeles and San Francisco pushing for the legislative law however, there were a number of cities opposed as mentioned in AB744. Commissioner Segall asked if it is a state law, then the Planning Commission does not have the opportunity to vote against it. Mr. Kemp stated yes, any change to the zoning code does need to run through the Planning Commission and the update to the zoning code must be consistent with state law. Mr. Kemp added that the state has dictated the changes and that it applies to charter cities such as the City of Carlsbad. Commissioner Goyarts stated that the Commission should go on record and mention that there are more than 80 charter cities that are struggling with this requirement from the state legislature which supersedes local requirements and it is due to the need for more affordable housing. Mr. Kemp added that the legislature, has essentially said, that they feel to require more parking than they deemed necessary increases the costs of housing and to make the housing more affordable, they can cut the parking ratios as they think there is a direct correlation. Mr. Kemp stated that they have made a finding that it costs $24,000 per space for a parking structure. Commissioner Black inquired about the timing and dates of other projects that undergo the parking consideration before this update was on its way. Mr. Neu stated no, the Commission has considered a density increase through the local ordinance. He stated that a standards modification was considered and approved. Chairperson Anderson asked what the parking ratios for Quarry Creek’s low income housing was approved for. Mr. Neu stated that it was varied based on the number of bedrooms per unit, 1 or slightly over 1. Chairperson Anderson stated her concerns with developers that come in and entitle projects not caring about how the project operates. Mr. Neu stated that an email submitted by Elizabeth Banks states her concerns with the proposal. 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. Chris Velasco, 5480 Foxtail Loop, stated his concerns with the correlation between units and the price of an average rental and added that certain areas should be affordable near major transit areas. Chairperson Anderson asked if there was anyone else in the audience who wished to speak. Seeing none, she closed the public testimony and opened Commission discussion. DISCUSSION Commissioner Black stated that he feels he has to approve this project as it is mandated by the state. Commissioner Goyarts stated he can support the project. Commissions Siekmann stated that she can approve the project. Commissioner L’Heureux stated he feels that he should also approve this project as mandated by the state. Planning Commission Minutes September 21, 2016 Page 5 Commissioner Segall stated that he concurs with Commissioners Black and L’Heureux. Chairperson Anderson stated that she cannot vote to approve the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7198 recommending approval of ZCA 16-02 and LCPA 16-01 based on the findings contained therein. VOTE: 5-1-1 AYES: Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Siekmann and Commissioner Segall NOES: Chairperson Anderson ABSENT: Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. Commissioner Black stated that he would like to recuse himself from the dias due to potential conflict of interest. 3. CUP 16-06 – BREWERY IGNITER – Request for a Conditional Use Permit to allow two separate brewery tasting rooms as accessory uses in two separate adjacent industrial office and warehousing suites on property located in the Carlsbad Corporate Center at 5840 El Camino Real, Suites 100 and 101, in the M-Q Zone and 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 introduced Agenda Item 3 and stated Senior Planner Jason Goff would make the staff presentation. Mr. Goff, gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Segall asked if the city is consistent with other brewery hours of operation. Mr. Neu stated that the operators proposed hours and that most of them, if not all have similar closing times. Commissioner Segall asked if the applicant would have to apply for a Conditional Use Permit to change the hours of operation to open an hour early. Mr. Neu stated that if the applicant wanted to change the hours of operation to go earlier or later than proposed, the item would need to come back to the Commission as an amendment. Chairperson Anderson asked if there were any other questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3156 Lionshead, made the presentation and stated he would be available to answer any questions. Chairperson Anderson 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. Rolly Mesias, 3583 Wild Oak Lane, Escondido, stated that he is one of the proposed tenants and has been brewing beer for over 12 years. Mr. Mesias added that he has spent 2 years planning with starting up his business and the startup cost associated with the brewery at minimum cost $850,000. He stated that this project will allow him to financially assist in obtaining a small business loan to expand and grow his business. CORRECTED Planning Commission Minutes September21, 2016 Page 6 Commissioner L'Heureux asked if street signage is allowable for each brewery. Mr. Goff stated signage would only be allowed on the building based on the industrial signage requirements. Chairperson Anderson asked if there were any other questions for staff. Seeing none, she asked if there was anyone else in the audience who wished to speak. Seeing none, she closed the public testimony and opened Commission discussion. DISCUSSION Commissioner Goyarts stated he can support the project. Commissioner Siekmann stated she can support the project. Commissioner L'Heureux stated that he could also support the project. Commissioner Segall stated that he can support the project. Chairperson Anderson stated she can also support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that the Planning Commission adopt Planning Commission Resolution No. 7196 recommending approval of CUP 16-06, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: NOES: Chairperson Anderson, Commissioner Goyarts, Commissioner Siekmann, Commissioner L'Heureux, and Commissioner Segall None ABSENT: Commissioner Black, Commissioner Montgomery ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 3 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of September 21, 2016 was adjourned [?t DON NEU City Planner Farah Nisan Minutes Clerk