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HomeMy WebLinkAbout2017-05-03; Planning Commission; MinutesPlanning Commission Minutes May 3, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: May 3, 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 Anderson led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman and Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Greg Fisher, Associate Planner Austin Silva, Associate Planner Jason Geldert, Engineering Manager Lindsay Leahy, Associate Engineer APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of April 5, 2017. Commissioner Anderson made a correction on page 3 to change Ms. Willy’s response from closer to further. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman to approve the minutes of the Regular Meeting of April 5, 2017 as amended. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Goyarts Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of April 19, 2017. CORRECTED Planning Commission Minutes May 3, 2017 Page 2 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman to approve the minutes of the Regular Meeting of April 19, 2017. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Goyarts PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Items 2, 3 and 4. 2. CUP 16-08 (DEV 16-057) – PRANA EMPLOYEE STORE – Request for a Conditional Use Permit to allow a portion of an industrial office/warehouse building to be converted into retail space that exceeds the amount permitted for accessory retail for an invitation- only Employee Store within the prAna clothing company corporate headquarters and warehouse/distribution center site located within the Carlsbad Raceway Business Park at 3209 Lionshead Avenue, in the P-M Zone and Local Facilities Management Zone 18. 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. 3. AMEND 2016-0002 (DEV 2016-0068) – CHRISTIAN CITY CHURCH – Request for an amendment to Conditional Use Permit CUP 10-09 to allow Christian City Church (C3 Church) to relocate Sunday school facilities from Building I to Building C in the Spectrum Flex industrial park within Planning Area 5 of the Bressi Ranch Master Plan located at 2708 Gateway Road in Local Facilities Management Zone 17. The City Planner has determined that the project belongs to a class of projects that the State Secretary of 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 15301 (Existing Facilities). 4. CDP 2017-0007 (PUB 16Y-0005) – RECYCLED WATER PHASE III PIPELINE EXPANSION SEGMENT 9 – Request for approval of a Coastal Development Permit to construct approximately 3,170 linear feet of 8-inch diameter and 1,460 linear feet of 6- inch diameter polyvinyl chloride (PVC) pipeline, a recycled water fill station and fixtures within the Mello I, Mello II and West Batiquitos Lagoon/Sammis Properties segments of the City’s Coastal Zone located within portions of the public rights-of-way on Avenida Encinas, Ponto Drive and Navigator Circle within Local Facilities Management Zone 9. The project is appealable to the California Coastal Commission per Section 30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project costing $100,000 or more is appealable to the Commission. Mr. Neu stated Agenda Items 2, 3 and 4 would normally be heard in a public hearing context; however, the projects appear 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 consent items. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 2, 3 and 4. Planning Commission Minutes May 3, 2017 Page 3 Chairperson Segall asked if any member of the audience wished to address Agenda Items 2, 3 and 4. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission adopt Planning Commission Resolution No. 7239 approving Conditional Use Permit Amendment (Project No. AMEND 2016-0002) based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission adopt Planning Commission Resolution No. 7241 approving Coastal Development Permit CDP 2017-0007 based upon the findings and subject to the conditions contained therein as amended. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission adopt Planning Commission Resolution No. 7238 approving CUP 16-08 for a period of 5 years, based upon the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed public hearing on Agenda Items 2, 3 and 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. 1. AMEND 2017-0002 (DEV 04-003) – K1 SPEED INDOOR KART RACING – Request for an amendment to Conditional Use Permit CUP 04-02AX1 to allow K1 Speed Indoor Kart Racing to operate a restaurant and serve beer and wine at their facility located at 6212 Corte del Abeto in Local Facilities Management Zone 5. The City Planner has determined that the project belongs to a class of projects that the State Secretary of 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 15301 (Existing Facilities). Planning Commission Minutes May 3, 2017 Page 4 Mr. Neu introduced Agenda Item 1 and stated Associate Planner Austin Silva 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 looked at their website online. Commissioner Goyarts stated that he has visited the site and has not searched for articles for news publications. Commissioner Siekmann disclosed that she has also visited the site. Mr. Silva gave a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Paul Klukas, Planning Systems, Suite 100, 1530 Faraday Avenue, made a presentation. Chairperson Segall asked if there were any questions of the applicant. Commissioner Black asked what would prevent a customer from obtaining a wristband, leaving the facility after consuming alcohol, removing the wristband then returning to receive another wristband. Mr. Klukas stated that the procedure is more involved than the procedures identified in the staff report. He stated that there are more steps taken to ensure that does not happen such as using a florescent stamp and logging every customer’s name with the cashier as they purchase alcohol. Commissioner Anderson stated that she is concerned with adult alcohol consumption mixed with children in the same area and asked if there will be a separation. Mr. Klukas stated that there will be a planter that will act as a low wall for separation with posted signs and trained employees will ensure that alcohol will not go past the designated area. Commissioner Anderson asked if there are private parties on the second floor. Mr. Klukas stated no, the second floor is designated for office use. Chairperson Segall asked if K-1 Speed violates, then they could lose their ABC license. Mr. Klukas replied yes. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item and opened public testimony. John Byrom, 1000 Val Terrace, Vista, representing North Coastal Prevention Coalition, stated his concerns with family oriented businesses applying for an alcohol license and Carlsbad should require an ordinance for training. Erica Leary, 4312 Navajo Avenue, Oceanside, representing North Coastal Prevention Coalition and Licensee Education on Alcohol and Drugs (LEAD), stated that the mission of the coalition is to reduce the use of alcohol, tobacco, marijuana and other drugs in the cities of Carlsbad, Oceanside and Vista through community action, education, support and collaboration. Nina Eaton, 5025 Tierra Del Oro, shared her concerns with alcohol consumption around young children around a family participation sport. Daniel Eaton, 5510 Los Robles Drive, shared his concerns with adults consuming alcohol while he is racing on the track causing a stressful environment. Homer Eaton, 5025 Tierra Del Oro, also stated his concerns with alcohol consumption in the facility and that it should be prohibited while young children are racing on the track. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he closed public testimony. CORRECTED Planning Commission Minutes May 3, 2017 Page 5 Chairperson Segall asked if the restaurant will be located on the first floor or on the second floor. Mr. Klukas replied on the first floor. Commissioner Montgomery asked if staff is concerned with violations to any protocols. Mr. Neu stated that when a business applies for an ABC license, the application notification will come to the city and will be distributed out to multiple departments including the police department. Mr. Neu added that if the police department have noted issues with an operator or an over concentration of licenses in an area, they could either recommend denial of the license or request the addition of special conditions. Chairperson Segall asked if a condition could be added to restrict someone from consuming alcohol on premise before racing and if there were a violation, the Conditional Use Permit (CUP) could be revoked for the entire facility. Mr. Neu stated yes, however; the Commission might want to consider building some flexibility whether the operator wanted to change their method of controlling that if they find a better way to accomplish the same objective without amending the CUP. Commissioner Montgomery asked for the definition of a restaurant and if the facility could be considered as an establishment that sells food that is substantial enough that would allow for the use of alcohol. Mr. Neu recited the code summarizing that it should be designed and operated in such a way that the sale of alcoholic beverages is incidental to the primary restaurant operation. Commissioner Montgomery asked if staff is suggesting that the project will meet the requirements. Mr. Neu stated yes. Commissioner Goyarts asked how the recommendation for alcohol training would be forwarded to the City Council to evaluate outside of the consideration of this project. Mr. Kemp stated that it would be best to approach any of the council members stating that Commissioner Goyarts attended a Planning Commission hearing where it was made as a suggestion. DISCUSSION Commissioner Montgomery stated that he struggles with the project meeting the level of an eating establishment (restaurant) that would allow the use of alcohol. Mr. Kemp recited the code explaining the definition of a bona fide restaurant. Commissioner Goyarts asked what types of meals will be served. Mr. Klukas clarified stating Texas style chicken wings, turkey or tuna spinach wraps, speedway beef sliders, hot cheese pizza, popcorn chicken, Homestyle chicken strips, hummus and veggie plate, edamame bowl, cheese and charcuterie board. Commissioner Siekmann understands that having a good time with friends seems reasonable to have a glass of wine or beer with something to eat. Commissioner Anderson stated that she is struggling with the layout as it looks like a snack bar in a small space with small tables, the separation of adults and children and that it seems like it is an undesirable mixture of activities. Commissioner Anderson is concerned with mixing the racing with alcohol in a venue that is not setup for it. Commissioner Black stated that since he is in the beer making business, it would be hypocritical of him to vote against the serving of alcohol anywhere. He stated that he may have to abstain due to a conflict, however; he has discussed the issue with the legal advisor and Mr. Kemp stated that it would not be necessary for him to abstain. Commissioner Black stated that he has been under training with Mr. Byrom on many occasions, over the last 10 years, and that it is excellent formal training that will last for two years. Commissioner Black added that there are safeguards where drinking occurs and there is nothing preventing someone drinking at a different location then arriving at K-1 Speed. He feels that there are more safeguards with the project than they need with the additional training that they should get, even though there are young employees. Commissioner Black concluded that most places in Carlsbad and elsewhere have had young children around adults consuming alcohol. Commissioner Rodman concurs with Commissioner Siekmann stating that it does sound reasonable and agrees that an expanded menu for corporate events would be nice to have. Commissioner Montgomery commented that it appears to him like it is a snack bar, however; he does not know if that means it is also a restaurant because there are eight meals as there are no requirements of Planning Commission Minutes May 3, 2017 Page 6 size of tables or patronage. Commissioner Montgomery stated that the one thing that bothers him the most is that the business of operation program utilizing the bracelets, the separation of the kitchen and the eating area versus the racing area is not listed in the conditions of approval as it is not enforceable. He cannot support the project. Chairperson Segall stated that he does not have any concerns with the serving of alcohol because they are protected in terms of the breathalyzer. He added that the applicant has built a profitable and a reputable business and the last thing that he would want to do is have that damaged in some way by not enforcing a protocol that does not allow driving after they have consumed alcohol. Chairperson Segall stated that there are enough checks and balances including a CUP that could be revoked if there is a violation and concluded that he can support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7240 approving a Conditional Use Permit Amendment (Permit No. AMEND 2017-0002) based on the findings and subject to the conditions contained therein as amended. VOTE: 5-2 AYES: Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner Rodman and Commissioner Siekmann NOES: Commissioner Anderson and Commissioner Montgomery ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1. COMMISSION COMMENTS Chairperson Segall added that he has provided the Commission a handout to help streamline the Planning Commission hearings. CITY PLANNER COMMENTS Mr. Neu commented that the most recent annual Growth Management Monitoring report has been distributed to the Commissioners and recommended that they go through the material that gives a rundown of each of the 11 public facilities with some discussion about the excess dwelling unit bank and the population in each of the quadrants. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 3, 2017 was adjourned at 7:20 p.m. ~YL DON NEU City Planner Farah Nisan Minutes Clerk