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HomeMy WebLinkAbout2017-02-15; Planning Commission; MinutesPlanning Commission Minutes February 15, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: February 15, 2017 Place of Meeting: COUNCIL CHAMBER CALL TO ORDER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Siekmann led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L’Heureux, Montgomery, and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Teri Delcamp, Principal Planner Scott Donnell, Senior Planner Chris Garcia, Associate Planner Greg Fisher, Associate Planner Austin Silva, Associate Planner Jason Geldert, Engineering Manager David de Cordova, Principal Planner Craig Williams, Transportation Manager Debbie Fountain, Housing and Neighborhood Services Director Mick Calarco, Parks and Recreation Special Projects Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Robert Wilkinson, Imagine Carlsbad, Suite I, 2911 State Street, shared a handout to the Planning Commission regarding future development in the Village and Barrio Master Plan. PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 4. 4. CDP 16-30 – VIGILUCCI’S SEAFOOD & STEAKHOUSE REMODEL – Request for a Coastal Development Permit for an interior remodel to relocate the restaurant’s kitchen to the rear of the building, relocate an existing dining area to the front of the restaurant with no increase in square footage or in overall seating, and an associated exterior remodel. The site is located at 3878 Carlsbad Boulevard in the Commercial Tourist (C-T) zone, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15301(a) (Existing Facilities) Class 1 Categorical Exemption. This project is not located within the appealable area of 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 certain of March 15, 2017. CORRECTED Planning Commission Minutes February 15, 2017 Page 2 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L’Heureux that the Planning Commission continue Agenda Item 4 to March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. SDP 86-02(E)/CDP 16-44 – FOUR SEASONS RESIDENCE CLUB – Request for a Site Development Plan Amendment and Coastal Development Permit to allow the construction of parking areas and recreation facilities for the existing timeshare development generally located east of Kingfisher Lane in Aviara Planning Area 2b, in Local Facilities Management Zone 19. The project site is located within the Mello I Segment of the city’s Coastal Zone, but is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified EIR for the Aviara Master Plan – MP 177/EIR 83-02(A). No additional environmental review is required. Mr. Neu stated Agenda Item 3 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 3. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7227 approving Site Development Plan Amendment No. SDP 86-02(E) and Coastal Development Permit No. CDP 16-44, based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. Planning Commission Minutes February 15, 2017 Page 3 1. 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 introduced Agenda Item 1 and stated Principal Planner Teri Delcamp would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove by the property. Commissioner Goyarts stated that he has viewed the property from the water and has also visited the site. Commissioner Siekmann disclosed that she has gone paddle boarding many times, walked and driven by the property. Commissioner L’Heureux disclosed that he lives a quarter mile from the project site, therefore he has walked and driven by the property on Adams Street weekly for the last thirty years. Commissioner L’Heureux stated that he has viewed the site from the ground as well as on Google Earth, read an article from the Coast News dated February 10, 2017 regarding the project and has previously represented the applicant’s consultant’s father-in-law. Assistant City Attorney Ron Kemp stated that the city prepares conflict maps for each Commissioner to see if they reside within the 600 foot boundary and Commissioner L’Heureux is well outside the 600 foot boundary, and therefore is not conflicted for that reason. Commissioner Montgomery disclosed that he is very familiar with the site, has walked around and visited the restaurant. Chairperson Segall disclosed that he has been on the water side of the site and has also used Google. Ms. Delcamp gave a brief presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson asked if the clubhouse is non-conforming. Ms. Delcamp stated that the recreational building has had an existing use since the 1950s. Commissioner Anderson asked if it cannot be expanded, but can be remodeled. Ms. Delcamp replied stating that as part of the proposal for a use that is allowed within the zone, there could be opportunities to make modifications to that as part of the project. The applicant has selected not to expand given its location in close proximity to the lagoon. Commissioner Anderson asked what would happen to the building if the water level rose and made the building unusable. Mr. Neu stated that if the building had damage and needed to be rebuilt, it would then need to comply with the development standards. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Planning Commission Minutes February 15, 2017 Page 4 Bill Hofman, Hofman Planning & Engineering, 3150 Lionshead, assisted by James Courtney, 1861 South View Drive, made a presentation. Chairperson Segall asked if there were questions of the applicant. Commissioner Siekmann inquired about the operation of the paddle boarding available to the public. Mr. Courtney stated that there is currently a tenant that provides paddle boarding, yoga classes and various lessons. Commissioner Black asked if the existing landscaping will remain or be removed and replaced. Mr. Hofman stated that some will be replaced because of the street improvement requirement and some landscaping will be added. Commissioner Black inquired about onsite management. Mr. Hofman stated that there will be a person available for 24 hours in one of the units devoted to managing the property. Commissioner Goyarts asked if the applicant has considered a small bed and breakfast with potentially a café on the water with public access. Mr. Hofman stated yes. Commissioner L’Heureux asked where the traffic count was taken on Adams Street. Mr. Courtney stated Highland Drive and Park Drive. Commissioner L’Heureux asked if the boat club is a separate business from the timeshare or if the timeshare and the boat club will be one unit as far as ownership and management. Mr. Hofman stated that it will be as one entity. Commissioner L’Heureux inquired about trash pickup. Mr. Hofman stated that the garbage trucks go all the way down the hill for pickup. Commissioner L’Heureux asked where employees will park. Mr. Hofman stated that since there will be six additional parking spaces, there will be available onsite parking for most of the year, and a management employee will have a designated parking space. Mike Pfankuck, 1250 Magnolia Avenue, clarified that the intent of this project is to bring tourist attraction to Carlsbad, have boats and paddle boards provided. Commissioner Anderson asked if jet skis will be on the property. Mr. Pfankuck stated no. Commissioner Montgomery asked what would make this project different from the first submittal besides the reduction in units if the building is the same size. Mr. Hofman replied stating that a 20 % reduction of total units from 25 to 20, traffic decrease from 240 to 200 Average Daily Trips (ADT), a profile step back of the building with increase of patio decks, and an approximate 2,000 square footage reduction of the floor area. Commissioner Siekmann asked if there will be bathroom facilities available for public use. Mr. Hofman stated that there will be public restrooms in the boat house. Commissioner Siekmann asked if any person who might want to take their private paddle board to the water could walk down to the water from the property. Mr. Hofman stated no, the project site is private property. He stated that the California Coastal Commission (CCC) will try and make a public easement coming from the street to the water. Chairperson Segall asked if Mr. Hofman would be okay with adding a condition to the operation standards to remove live amplified music. Mr. Hofman stated yes. Chairperson Segall asked if the project cannot be successfully marketed as a timeshare, is it required to be converted into a hotel. Mr. Neu stated that since it is a requirement of the Carlsbad Municipal Code, in the event of a timeshare that is not successful, the hotel would be the fallback use. Commissioner Black asked what would preclude a timeshare owner of the week to only have three or four days that they own to come for something less than seven days. Mr. Hofman stated that the unit would have to stay vacant the days they are not occupied. Commissioner L’Heureux inquired about the relocation of the power pole. Mr. Geldert stated that the power pole will be relocated to allow for the sidewalk. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any members of the audience wished to address Agenda Item 1. Chairperson Segall opened public testimony. Planning Commission Minutes February 15, 2017 Page 5 Julie Hamilton, 4112 Adams Avenue, San Diego, assisted by Tommy Dean, 4517 Adams Street, Carlsbad, and Jim Strickland, 4747 Marina Drive made a presentation in opposition to the project due to consistency, pedestrian access, compatibility, safety, traffic, density and parking. The following speakers ceded their time to Ms. Hamilton, Mr. Dean and Mr. Strickland; Scott Engel, 4220 Isle Drive, Fred Jamsson, 4519 Cove Drive, Amber Depace, 2965 Carlsbad Boulevard and Kevin Bender, 4070 Adams Street. Sam Ross, Visit Carlsbad, 5106 Lynch Court, stated that he supports the project. RECESS Chairperson Segall called for a 10-minute recess at 8:02 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:14 p.m. with all Commissioners present. Mr. Neu stated that staff is recommending that Agenda Items 5 and 6 be continued to a date certain of March 15, 2017 due to time constraints. 5. RP 16-12/CDP 16-28 – ARMY & NAVY ACADEMY STUDENT ENRICHMENT CENTER – Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for the construction of a two-story 4,714 square foot building for student meeting and exhibition space at the south end of the athletic complex at 2800 Carlsbad Boulevard in District 9 of the Village Review Zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines. 6. CT 16-02/RP 16-08 – OCEAN – Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4 – Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L’Heureux that the Planning Commission continue Agenda Item 5 to a date certain of March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes February 15, 2017 Page 6 ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L’Heureux that the Planning Commission continue Agenda Item 6 to a date certain of March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Items 5 and 6. The following speakers spoke in opposition of the project due to traffic, density, parking, noise, compatibility and pollution from powerboats: Allen Sweet, 4444 Highland Drive Brian Connor, 4815 Windjammer Way Sarah Huber, Flat 29, St. Andrews Mansions, 4 Dorset Street, London W1U 4EQ David Turner, 2553 Cove Drive Gary Algier, Suite 2D, 4513 Cove Drive Kalon Morris, Suite 15, 4513 Cove Drive Idora Lee Roelofs, Suite A, 4533 Cove Drive The following speakers spoke in favor in the project: Alan Wannamaker, 2399 Jefferson Street Janna Streelman, 3502 Santa Clara Way Arnie Cohen, 2853 Cazadero Drive Melanie Burkholder, 4040 Sunnyhill Drive Susan Toft, 7000 Ballena Way Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he asked if the applicant could respond to the issues raised and closed public testimony. Chairperson Segall asked if there were any questions of staff. Commissioner Montgomery asked why a Hillside Development Permit (HDP) is not required for the project. Ms. Delcamp stated that the determination was made when the previous project was processed and proposed because the site is already developed. Commissioner Montgomery asked if the project would be restricted to a right turn only onto Adams Street. Engineering Manager Jason Geldert stated that it would not be necessary as some improvements will be made to enhance visibility to make a safe turn. Commissioner L’Heureux inquired about the number of dump truck trips traveling during construction. Mr. Geldert clarified that there will be 8 dump trucks transporting soil, and depending on the distance, it may take up to 760 loads. Commissioner Anderson asked what is happening to the runoff. Mr. Geldert stated that the project is subject to stricter requirements that meet the priority project thresholds for water quality. He stated that there are two basins located below biofiltration areas. Commissioner Black asked what kind of precautions a contractor would take to prevent dirt runoff during construction. Mr. Geldert stated that the Stormwater Pollution Prevention Plan (SWPPP) is implemented and Best Management Practices (BMP) will be taken into account during construction. Planning Commission Minutes February 15, 2017 Page 7 DISCUSSION Commissioner Siekmann suggested that four additional amendments be added to the resolution such as no amplified music on the roof decks, limit the number of boats provided onsite for the users to two, not allow any of the timeshare owners or their guests to bring motorized boats to the property and to limit the public parking use of the facility to six trailers with proper reservations. MOTION A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to add no amplified music on the roof decks to condition number 22 A. The Commission voted 7-0. A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to provide a public access easement on the eastern side of the building from Adams Street to the lagoon, or at another location as approved by the CCC. The Commission voted 7-0. A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to limit the number of boats provided to the timeshare owners to two and to not allow any guest boats. The Commission voted 2-5 (Chairperson Segall, Commissioners Anderson, Black, Goyarts and Montgomery). A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to limit public boats to six trailers on a reservation basis. The Commission voted 6-1 (Commissioner Montgomery). Commissioner Montgomery commented that he stands behind private property rights and the ability of the property owners to develop property. He stated that there are possible impacts from the project such as traffic, impacts to the lagoon, to the citizenry that live around the site and he does not believe that those particular impacts are of a significant nature that would make him rule against the project on those issues. Commissioner Montgomery stated that the project meets all the development standards, although it comes down to intensity and compatibility. He stated that he cannot make a finding against the project and he cannot support the project based on compatibility and intensity. Commissioner Siekmann stated that she feels differently than Commissioner Montgomery and added that the property owner has made changes in order to make the project more compatible with the neighborhood. She stated that she can support the project. Commissioner Goyarts stated that the project is too intense and is not compatible with the surrounding neighborhood. He believes, if the project is visitor serving, a small six-to-ten bedroom bed and breakfast would be more appropriate for the site. Commissioner Anderson stated that she cannot find the project as necessary and desirable or compatible and in harmony with the neighborhood. Commissioner Black stated that he is concerned with the boats pulling on the opposite side of the road to try to pull into the driveway. He stated that he is in favor of what the applicants have done to mitigate the concerns that existed back in 2008. Commissioner Black stated that he is happy to hear that the landscaping in the front of the project is going to either remain or be replaced with something similar which will block the view of the roof. He stated that the neighborhood is diversified and the CCC would like to keep it that way, therefore he would rather see this project constructed than a hotel that would attract more traffic. Commissioner Black can support the project. Commissioner L’Heureux thanked staff and the applicant that have invested endless hours on the project. He concurs with Commissioner Montgomery and stated that one of his biggest problems is the way Adams Street is physically constructed in that area. He stated that there are many pedestrians, bicyclists, and people that are using it today and is apprehensive in adding more traffic on Adams Street. Commissioner L’Heureux stated that Adams Street is not designed for higher intensity use and he cannot support the project. Planning Commission Minutes February 15, 2017 Page 8 Chairperson Segall stated that he supports land owner use however, he thinks it needs to be compatible. He added that the timeshare use is not compatible in a residential neighborhood because of the transient nature of timeshare. Chairperson Segall stated that he thinks Adams Street is not a well thought out street for this type of intensity. He concluded that he cannot support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7200 recommending approval of Tentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16-02 and Conditional Use Permit CUP 14- 10, based upon the findings and subject to the conditions contained therein including the amendments and the errata sheet. VOTE: 2-5 AYES: Commissioner Black and Commissioner Siekmann NOES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner L’Heureux and Commissioner Montgomery ABSENT: None ABSTAIN: None ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission deny Planning Commission Resolution No. 7200 recommending denial of Tentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 based on the discussion of the Commission and the individual rational provided. VOTE: 5-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner L’Heureux and Commissioner Montgomery NOES: Commissioner Black and Commissioner Siekmann ABSENT: None ABSTAIN: None Chairperson Segall 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. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner L’Heureux to extend the meeting until 11:00 p.m. The Commission voted 6-1 (Commissioner Anderson) to extend the meeting. 2. GPA 16-02 – 2017 HOUSING ELEMENT UPDATE – Request for a recommendation of approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city- wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Scott Donnell would make the staff presentation. Mr. Donnell gave a brief presentation and stated he would be available to answer any questions. Planning Commission Minutes February 15, 2017 Page 9 Commissioner Goyarts asked if the city has a forecast and a contingency plan to the City Council that states by February of 2027, the city has reached the maximum number of dwelling units permitted by Growth Management and expect to stop receiving funding leading to have enough tax revenue to cover the city’s needs. Mr. Neu replied stating that the process of the assignment of the Regional Housing Need Allocation (RHNA) number is a negotiated effort at SANDAG. A number is given to the region and SANDAG and the member cities negotiate a formula for the allocation of the RHNA. He stated that the Carlsbad requirement may shrink in size, but as the region gets an assigned number with the same constrains, it will get allocated. Commissioner Black asked if it would be possible for the Excess Dwelling Units (EDU) bank to run out given that the developers may not want to fund it in place of the actual units. Housing and Neighborhood Service Director Debbie Fountain replied stating that the EDU bank is a numbers game, if a developer develops less, then they are entitled to that there would not be any pull from the EDU bank, only if it were granted additional density. Chairperson Segall asked if any member of the audience wished to address Agenda Item 2 and opened public testimony. Mario Monroy, 2955 Ocean Street, stated that it is illegal to try to control how many people live in the city and shared his concerns with affordable housing. Socorro Anderson, Vice President of Friends of La Posada, 3420 Don Juan, stated her concerns with the difficulty in finding affordable housing. Margie Monroy, 2955 Ocean Street, stated her concerns with affordable housing available to residents. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7228 recommending approval of General Plan Amendment GPA 16-02 to the City Council based on the findings contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L’Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2. COMMISSION COMMENTS Commissioner L’Heureux commented that the Commissioners who will be attending the 2017 Planning Commissioners Academy conference should organize and carpool to Los Angeles. CITY PLANNER COMMENTS Mr. Neu stated that there will be an informational presentation held at the Shulman Auditorium at the Dove Library on the Road to Carlsbad Past and Future regarding the Highway 101 historic corridor from 4:00 p.m. to 5:30 p.m. on February 16, 2017. CORRECTED Planning Commission Minutes CITY ATTORNEY COMMENTS None. ADJOURNMENT February 15, 2017 Page 10 By proper motion, the Regular Meeting of the Planning Commission of February 15, 2017 was adjourned at 10:50 p.m. ~~ DON NEU City Planner Farah Nisan Minutes Clerk