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HomeMy WebLinkAbout2017-12-06; Planning Commission; MinutesPlanning Commission Minutes December 6, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: December 6, 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 Black led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Chris Sexton, Assistant Planner Cliff Jones, Senior Planner Shannon Harker, Associate Planner Carl Stiehl, Associate Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of November 15, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of November 15, 2017. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Black PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Kris Wright, 4902 Via Arequipa, gave the Commission an update on the Marja Acres development project and thanked staff and the Commission. Robert Wilkinson, 2277 Cameo Road, provided a handout to the Commission that expresses points of interest on the Village and Barrio Master Plan. Planning Commission Minutes December 6, 2017 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Items 1 and 2. 1. CDP 2017-0030 (DEV2017-0095) – BAER ADDITION AND REMODEL – Request for approval of a Coastal Development Permit to allow for the addition of 1,897 square feet of habitable space to an existing single-family residence and 301 square feet to an existing attached garage within the Mello II Segment of the city’s Local Coastal Program located at 3976 Jefferson Street 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 15301(e)(2), additions to an existing single family residence, of the state CEQA Guidelines. 2. CDP 2017-0043 (DEV2017-0139) – FRANCIS RESIDENCE – Request for approval of a Coastal Development Permit to allow for the construction of a new 3,792 square foot single-family residence on a vacant 0.19-acre parcel within the Mello II Segment of the city’s Local Coastal Program located at 1585 Triton Street within Local Facilities Management Zone 20. 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, of the state CEQA Guidelines. Mr. Neu stated Agenda Items 1 and 2 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 1 and 2. Commissioner Rodman recused herself from Agenda Item 1 as her residence is within the 500 mile radius of the project location. Chairperson Segall asked if any member of the audience wished to address Agenda Item 1. 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. 7275 approving Coastal Development Permit CDP 2017-0030 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Commissioner Rodman ABSTAIN: None Planning Commission Minutes December 6, 2017 Page 3 Chairperson Segall asked if any member of the audience wished to address Agenda Item 2. Seeing none, he opened and closed public testimony. ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7277 approving Coastal Development Permit CDP 2017-0043 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 the public hearing on Agenda Items 1 and 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. RP 16-13/CDP 16-35 (DEV16040) – CARLSBAD VILLAGE CENTER – Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for 1) the removal of existing storage containers; 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five (5) residential apartments; and 3) the purchase of 17 parking in-lieu fees. The 0.17-acre property is addressed as 2995 State Street and is located on the northwest corner of State Street and Carlsbad Village Drive, in Land Use District 1 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. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Shannon Harker 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 Black disclosed that he has been by the property many times. Commissioner Goyarts disclosed that he has been by the property and viewed it on Google Earth. Commissioner Siekmann disclosed that she has been by the property. Commissioner Rodman disclosed that she has been by the property. Commissioner Montgomery disclosed he has also been by the property many times. Chairperson Segall disclosed he has been by the property. Ms. Harker gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Planning Commission Minutes December 6, 2017 Page 4 Commissioner Anderson inquired about parking on the property behind the west side of the alley. Ms. Harker stated although it is not a city designated parking lot, public parking is available on the North County Transit District maintained parking lot. Chairperson Segall asked if the project is compliant with all the elements of the proposed Village and Barrio Master Plan. Ms. Harker replied she has not analyzed the project for compliance with the proposed Village and Barrio Master Plan because it is still in draft form though, there may be a couple development standards that may conflict. Chairperson Segall asked if the fire wall would block the window adjacent to the property. Ms. Harker confirmed that there will be a block wall immediately adjacent to the building with a separation of one to two feet. Chairperson Segall asked if the gas meters would have to be relocated on the other side of the building. Ms. Harker clarified there are planters attached to the façade. Chairperson Segall asked if there is a certain setback required in the General Plan on Carlsbad Village Drive so that it becomes more walkable. Mr. Neu stated that there are some proposals in the draft Village and Barrio Master Plan that would address some of the prominent corners and require additional setbacks. Commissioner Anderson asked if the property is currently maintained privately. Ms. Harker replied yes. Commissioner Anderson asked if the property will still have the same height allowance of 45 feet with the proposed Village and Barrio Master Plan. Mr. Neu stated the proposal is to retain the height in the village core area. Chairperson Segall asked if the applicant wished to make a presentation. Kirk Moeller, MAA Architects, Inc., Suite 250, 2173 Salk Avenue, made a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of the applicant. Commissioner Montgomery asked Mr. Moeller what he knows about the proposed car lift and its efficacy and reliability. Mr. Moeller replied that MMA Architects Inc. have been involved with a few projects involving car lifts in Carlsbad that have not been built yet. He has studied them in great detail and it is his understanding they will work as he has researched with a number of different companies, looked at properties that contain them and they will have backup generator systems. Mr. Moeller stated that the property owner will be involved in training tenants on proper use of the car lifts. Commissioner Montgomery asked if the car lifts were not a part of project, then general access down to the lower parking level would be eliminated. Mr. Moeller replied yes, it would eliminate most of the retail space on the first floor due to the slope that would be required for the ramp to access the lower level. Chairperson Segall asked if there will be backup generators for the car lifts. Mr. Moeller replied yes, the property owner will be held accountable for the required maintenance program once a month. Commissioner Montgomery asked if there would be conflict of incompatibility with residential use and office space on the second floor sharing the same corridor. Mr. Moeller replied a tenant that occupies the apartment will want to potentially utilize the retail or office space as the goal is to create a live/work environment. Commissioner Montgomery commented that the shared corridor makes him uncomfortable and asked if there was thought of using the same level for office use. Mr. Moeller replied that it is possible, there could be controlled entrances to the units separate from office use, which would be more desirable. Commissioner Anderson asked for Mr. Moeller’s take on retail without designated parking. Mr. Moeller stated that there are two extra parking spaces in the parking garage that could potentially be utilized for the retail tenants. He commented that the only solution is parking throughout the village and hopes that there will be parking structures built with in lieu fees in the future. Mr. Moeller concluded that the goal is to attract people who live in the village so they can work and shop on foot instead of utilizing a car. Commissioner Anderson asked if Mr. Moeller has any potential concerns for retail space without designated parking failing to attract customers and being viable. Mr. Moeller replied he does not think so, his impression of downtown is that it is vibrant and growing as people find places to park and utilize the amenities. Commissioner Anderson asked if Mr. Moeller had discussions with potential tenants. Mr. Moeller stated no. Commissioner Black asked if the property owner intends to occupy the unit on the fourth floor. Mr. Moeller does not think so, the property owner would like to save it for someone special. Planning Commission Minutes December 6, 2017 Page 5 Commissioner Montgomery asked the applicant what the project will do for the city and the public that interacts with it as its location is in the center of the city, on Carlsbad Village Drive and State Street. Mr. Moeller replied that four or five plus designs have been designed for the project site. The goal is to try to create an everlasting monument, a use that is practical for a number of different people by maximizing the use for the property. Mr. Moeller concluded that the project is pedestrian friendly on both Carlsbad Village Drive and State Street. Commissioner Goyarts asked if the rental intent is for long term and not vacation rentals. Mr. Moeller replied yes, with a minimum of 30 day apartment rental. Commissioner Goyarts asked if commercial use would be considered for the second floor. Mr. Moeller stated that the property owner would rather not as the preference is to have it utilized as an apartment. Chairperson Segall stated that the Commission has received numerous correspondence over the last several days on the project and opened public testimony. The following speakers spoke in opposition of the project due to the character of the village, renderings, setbacks, village core value, quality of life, impeding views, traffic and parking: Daryl Pines, 3929 Monroe Street Penny Johnson, 1360 Hillview Court Skip Alan, 2575 State Street Hope Nelson, 2344 Jeffers Place Jodi Good, Suite 403, 2475 Jefferson Street and Lisa McKethan ceded their time to Mary Anne Viney, 2796 James Drive, provided a handout to the Commission Jan Neff-Sinclair, 5592 El Camino Real Barbara Mead, 6575 Paseo Del Norte Lisa K. Snyder, 300 Carlsbad Village Drive, provided a handout to the Commission Laura Drelleshak, 1245 Basswood Avenue Patrick Emerick, 1625 James Drive Vickey Siage, South Carlsbad, 92011 Stacy King, 7043 Heron Circle The following speakers spoke in favor in the project: Robert Wilkinson, 2277 Cameo Road Laurie Boon, 3955 Skyline Road Carolyn Dooley, 2784 James Drive Kris Wright, 4902 Via Arequipa, wondered if the project will have a geological report study addressing feasible underground parking. Chairperson Segall closed the public testimony. Chairperson Segall asked if the applicant could have conceivably built the original plan without any of the articulation of the setbacks based on the current ordinance. Ms. Harker clarified the initial rendering did not have the required 10 foot average setback on one of the building frontages. The current Village and Barrio Master Plan does not identify required setback on both street frontages on a corner lot. The base requirement for the project is at least one of the street frontages, which is typically the shorter of the two frontages on State Street. Ms. Harker concluded that staff felt it was important to have the 10 foot setback on Carlsbad Village Drive as well to reduce the mass and scale. Commissioner Rodman asked if there will be assigned parking spaces. Mr. Moeller stated yes. Chairperson Segall asked if both car lifts could function at the same time. Engineering Manager Jason Geldert replied yes, they both operate independently. Commissioner Montgomery inquired about flood and fire emergency access out of the underground parking structure. Mr. Geldert clarified that the fire prevention department has reviewed and approved the project for their access to all parts of the building by foot. Planning Commission Minutes December 6, 2017 Page 6 Commissioner Siekmann asked if the roof will have possible solar access. Mr. Moeller stated yes, conduit must be provided per the green building code. Commissioner Siekmann asked if conduit will be available in the parking structure. Mr. Moeller replied yes, conduit must also be provided for electrical vehicle charging stations. DISCUSSION Commissioner Siekmann appreciates the public comments received and understands the concerns however, the Planning Commission has to be objective and not subjective. She stated that she agrees that the future is going to be a little taller in the city, wants to see the building further from the sidewalk and understands the project meets and exceeds the standards. Commissioner Siekmann can support the project. Commissioner Anderson concurs with Commissioner Siekmann and stated she likes the traditional architectural features of the building. Commissioner Anderson believes that the stress on parking will require permits, meters or some additional parking structures in the future. She would love to see a change made in the in lieu program that would require that parking be available within a certain perimeter of the property. Commissioner Anderson stated she would hope to see requirements for setbacks in the future Village and Barrio Master Plan addressing two sides of the building on a corner lot. Commissioner Goyarts commented that he cannot ignore all the meetings he has attended for the Carlsbad Village and Barrio Master Plan where members of the public spoke against four story buildings in the village. Although he likes the architecture, mixed use, and long term rentals, Commissioner Goyarts cannot support the project for the reason that it is not quaint. Commissioner Montgomery indicated he can support the project although he does not like the incompatibility, as he sees it, of the second floor with the residential and commercial use. Commissioner Montgomery stated that because they are equally accessed, he can see the compatibility going away and strongly suggests the applicant figure out a way to separate access to each use. Commissioner Rodman can support the project. Chairperson Segall commented that he likes the project as it has great qualities for smart growth adjacent to a major arterial, a train station and the beach. He likes the design, thinks the creativity of underground parking is nice, and really likes mixed use. Chairperson Segall likes that the project is a different variable in housing and can support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that Planning Commission adopt Planning Commission Resolution No. 7276 recommending approval of Major Review Permit RP 16-13 and Coastal Development Permit CDP 16-35 to the City Council based on the findings and subject to the conditions contained therein as amended . VOTE: 6-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: Commissioner Goyarts ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 3. RECESS Chairperson Segall called for a 10-minute recess at 8:30 p.m. Planning Commission Minutes December 6, 2017 Page 7 MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:40 p.m. with Commissioner Rodman absent, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. PCD 2017-0002 (DEV 2017-0193) – FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION – Request for a Planning Commission Determination (PCD) that farm stay lodging may be permitted as a secondary agricultural use in the Cannon Road Agricultural/Open Space (CR-A/OS) zone. The request for a determination from the Planning Commission is not subject to CEQA. Commissioner Rodman has recused herself due to donations received to her organization (the Agua Hedionda Lagoon Foundation) from the applicant. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Carl Stiehl would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Goyarts disclosed that he has been out to the site and viewed it on Google Earth. Commissioner Siekmann disclosed that she drives past the site all the time. Commissioner Montgomery disclosed that he also drives past the site every day. Chairperson Segall disclosed he has driven past the site and viewed it on Google Earth. Mr. Stiehl 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. Chris Calkins, Carltas Company LP, Suite 204, 7220 Avenida Encinas, made a presentation. Chairperson Segall asked if there were any questions for the applicant. Commissioner Montgomery inquired about the connection with guests lodging and staying in the farm area to augment the underwriting other than receiving money for lodging while visiting other parts of the city. Mr. Calkins replied stating that guests would like to experience being in or around a farming environment 24 hours a day having the opportunity to participate at various times. Mr. Calkins stated a walkable environment and an unusual experience is expected to be delivered to guests. Commissioner Montgomery asked if Mr. Calkins has considered an educational element in the proposal similar to the flower fields experience. Mr. Calkins replied yes, it becomes a platform by having guests come for the experience that can be extended to the public as a whole. Mr. Calkins added that the object is to try to capture as much of the value of being in or around the farm. Commissioner Anderson asked how much additional land is used for the proposal. Mr. Calkins replied four acres. Commissioner Anderson inquired about the square footage of the reconfigured commercial building from the original proposal. Mr. Calkins replied the square footage is virtually the same including the central lodge area. Commissioner Anderson asked if the crops that have been growing for the last three years are successful. Mr. Calkins replied no, the olive and coffee trees planted have been fine so far. The blueberries have been spectacular, although with the delay of this proposal, they have been marketing them at the stand until a certificate as organic will be obtained. Mr. Calkins stated that the hops are an experimental basis with 15 varieties and the 250 dwarf tangerines did not succeed. He concluded stating that the concept of the property is to consistently grow organic products. Commissioner Black inquired about the nature of the bungalows, the interaction of guests staying in a farming area and the liability. Mr. Calkins stated the concept is to have a small scale so that guests are engaged in the culinary experience, the farming area or a youth program. Planning Commission Minutes December 6, 2017 Page 8 Chairperson Segall asked about the size of the bungalows. Mr. Calkins replied 350 to 400 square feet with a main room, a small bedroom and a bathroom. Chairperson Segall asked if there would be enough onsite parking for 100 units. Mr. Calkins replied yes. Chairperson Segall asked if guests and members of the public will be co-mingling. Mr. Calkins replied the trails system will be open at all times and that it would be a possibility to make the necessary changes. Chairperson Segall asked if any member of the audience wished to speak on the item. The following speakers spoke in favor of supporting the denial of the proposal: Vickey Syage, South Carlsbad, 92011 Stacy King, 7043 Heron Circle Kris Wright, 4902 Via Arequipa Jan Neff Sinclair, 5592 El Camino Real William Pearse, 6960 Peachtree Road, stated that he is excited about the unique experience proposed by Mr. Calkins and does not think the bungalows are necessary as the diversified offering could commercially be viable without them. Chairperson Segall close the public testimony. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Black, to extend the meeting until 10:15 p.m. The Commission voted 5-1-1 (Commissioner Goyarts) to extend the meeting. Commissioner Montgomery asked if the approved development plan provides for commercial use and not open space. Mr. Stiehl clarified that the accessory uses are currently allowed in the zone. The winery and brewery are related to onsite agriculture and the restaurant area is allowed under the open space use. DISCUSSION Commissioner Anderson commented that she sees bungalows as a commercial use and not open space. Commissioner Anderson stated she can only go along with the Planning Division and support the denial. Commissioner Siekmann supports staff’s decision and commented that the proposal does not follow the intent and purpose of Proposition D. Commissioner Siekmann commends the applicant for the creativity however; the use is not permitted in the zone. Commissioner Black commented that he is in favor of education and people being schooled in the art of agriculture. Commissioner Black agrees with staff’s decision. Commissioner Montgomery does not consider the use as a farm themed resort and stated that he supports the City Planner’s decision. Chairperson Segall likes the proposed concept and stated that he is wrestling with the big issue of whether the proposal is an accessory use under Proposition D. He is not sure if he is qualified enough to make that decision and that the City Council will have to consider the decision. Chairperson Segall stated that he does not think the community was aware of the relatively new farm stay concept during Proposition D. Chairperson Segall commented that he supports the City Planner’s decision. Planning Commission Minutes December 6, 2017 Page 9 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission adopt Planning Commission Resolution No. 7278 recommending denial of PCD 2017-0002, based on the findings contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Commissioner Rodman ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS Assistant City Attorney Ron Kemp notified the Commission that the Durkin CAC Lot 24 LLC appeal has been filed to schedule a City Council hearing. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 6, 2017 was adjourned at 10:04 p.m. (l/4 DON NEU City Planner Farah Nisan Minutes Clerk