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HomeMy WebLinkAbout2017-11-15; Planning Commission; MinutesPlanning Commission Minutes November 15, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: November 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, Goyarts, Montgomery, Rodman and Siekmann Absent: Commissioner Black STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Greg Fisher, Associate Planner Jason Geldert, Engineering Manager Mike Grim, Senior Program Manager APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of November 1, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of November 1, 2017. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Black ABSTAIN: None PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Tracy Seemann, 4907 Via Arequipa, stated she received a phone call from Jonathan Frankel, New Urban West Project Manager for the Marja Acres development, and asked if the large signs posted around the neighborhood could be removed if the existing house on 4926 Park Drive would not be demolished and the pathway between the two neighborhoods would be removed from the project plan. Ms. Seemann stated that they came to an agreement and thanked staff for their guidance. Planning Commission Minutes November 15, 2017 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. PCD 2017-0001 (DEV2017-0120) – DURKIN CAC LOT 24 LLC APPEAL – Request to grant an appeal of the City Planner’s denial of a change of use based on a determination that an auto body and repair shop use proposed to be located at 5817 Dryden Place within Local Facilities Management Zone 5 is not a more conforming use than the existing use, and is not permitted in the Carlsbad Airport Centre Specific Plan (SP 181(H)). Mr. Neu introduced Agenda Item 1 and stated Associate Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a presentation and stated he would be available to answer any questions. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove through the property. Commissioner Montgomery disclosed that he worked near the property about 15 years ago. Chairperson Segall disclosed that he viewed the property on Google Maps. Chairperson Segall asked if there were any questions of staff. Chairperson Segall inquired about the scope of the Commission’s review on this item. Assistant City Attorney Ron Kemp clarified the commission was to review if the City Planner misinterpreted the evidence that was before him or abused his discretion. Chairperson Segall asked if the appellant wished to make a presentation. Steven A. McKinley, Freeland, McKinley & McKinley, Suite 1815, 402 West Broadway, San Diego, assisted by Cliff Hunter, Rancho Santa Fe Protection District retired Fire Marshal, made a presentation. Chairperson Segall asked if there were any questions for the appellant. Commissioner Anderson wondered what the thresholds for acceptable victims are in the event of an emergency. Mr. Hunter replied there is no acceptable loss to human life, however the reduction from 70 occupants to 30 would be less severe. Commissioner Montgomery asked if the appellant could propose something else that is more compatible rather than proposing something specifically excluded in the Airport Land Use Compatibility Plan (ALUCP). Mr. McKinley replied that there is an investment made on the property and it has to be an economically viable use as determined by his client that allows for the reduction of the risk. Commissioner Anderson asked how the applicant would find it easier to rent the building to auto use any more so for office use. Mr. McKinley replied that the building is fully rented for a mix of uses, most of it for office use and a portion devoted for storage. Mr. Neu clarified that there have been different ALUCP’s prepared by the San Diego Association of Governments (SANDAG) then the Regional Airport Authority was created and prepared the current plan. The plans have been utilized by staff to implement land use approvals on many projects that come before the Commission. Mr. Neu stated that the building was approved in conformance with the earlier version of the plan and that use could continue. Staff has been asked to consider through an unusual method, the nonconforming provision, to allow a use that is not allowed in the ALUCP or the specific plan. Mr. Neu concluded stating that staff has not been asked to consider other uses, however there are other uses that would be considered more favorably that would have conformance with the ALUCP and the specific plan Planning Commission Minutes November 15, 2017 Page 3 such as warehouse distribution or storage that is allowed in the specific plan and expected to have a lower occupancy. Chairperson Segall inquired about the process in changing the specific plan. Mr. Neu replied that there is a process to amend the specific plan that is similar to a zoning code amendment which requires review by the Regional Airport Authority. Mr. Neu added that an application was filed by the appellant that was routed to the Regional Airport Authority and they indicated at a staff level that they do not find it consistent with the ALUCP. Chairperson Segall asked if Mr. McKinley wished to respond. Mr. McKinley commented that any use would have to be an economically viable use. Reducing it from office use to auto repair involves an economic sacrifice the property owner is willing to make. Mr. McKinley stated that devoting the entire property to storage or warehouse use is unrealistic and will not happen. Chairperson Segall asked if any member of the audience wished to speak on the item. Seeing none, he closed public testimony. Mr. Kemp commented that the City Attorney’s office is confident that the city did not incur liability in 1985 by approving a subdivision map. Up until 2010, the subject property’s use was a legal conforming lot. Mr. Kemp concluded the concern is that if a decision has been made by the city to override the ALUCP and approve the project, there could be potential exposure for the city by exercising discretion now to allow a nonconforming use. DISCUSSION Commissioner Anderson has sympathy for the property owner, although not every business venture is successful. She feels that it is an attempt to make an investment more viable, however the applicant is asking the Commission to go against two different sets of rules that do not allow the proposed use. Commissioner Anderson cannot disagree with the City Planner’s decision. Commissioner Montgomery has great empathy for the applicant, however he would have to support the City Planner’s decision. Commissioner Montgomery is hopeful that the applicant can propose something that is economically viable. Chairperson Segall understands the applicants issue and concerns and stated that he would support the decision made by the City Planner. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that Planning Commission approve Planning Commission Resolution No. 7274, denying the appeal of Durkin CAC Lot 24 LLC, denying the requested change of use, and determining that an auto body and repair shop is not a more conforming use than the existing use and is prohibited in the Carlsbad Airport Centre Specific Plan (SP 181(H)) based on the findings contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Black 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. Planning Commission Minutes November 15, 2017 Page4 2. CLIMATE ACTION PLAN UPDATE -An informational presentation on the city's Climate Action Plan (CAP) and the current and future CAP implementation activities. Mr. Neu introduced Agenda Item 2 and stated Senior Program Manager Mike Grim would make the staff presentation. Mr. Grim made the presentation. Chairperson Segall asked if there were any questions of staff. Commissioner Montgomery inquired about the compensation for the electricity at EV charging stations once it is drawn into a vehicle. Mr. Grim replied stating that the City Manager's office recently took forward a fee study that examined if the city wanted to recoup currency from public charging stations that are drawing off of the city's meter at 35 cents per kilowatt hour, which pays for the electricity. Commissioner Anderson wondered if cross ventilation is encouraged for multi family dwelling units. Mr. Grim commented that one of the CAP measures addresses natural lighting and ventilation. The state building codes are getting closer to requiring that measure, however no current local ordinances or requirements have been approved. Commissioner Rodman inquired about the date of completion of the energy efficiency ordinance. Mr. Grim replied by the end of the 17 /18 fiscal year. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if any person in the audience wished to speak on the item. Seeing none, he opened and closed public testimony. Chairperson Segall closed the public hearing on Agenda Item 2. COMMISSION COMMENTS None. CITY PLANNER COMMENTS Mr. Neu reminded the Commission of the upcoming special joint City Council and Planning Commission meeting on December 5, 2017 to discuss recent developments in California Housing Law. CITY ATTORNEY COMMENTS Mr. Kemp encouraged the Commission to attend the special joint meeting as the affordable housing laws are rapidly changing. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of November 15, 2017 was adjourned at 7:30 p.m. ~~ DON NEU City Planner Farah Nisan Minutes Clerk