Loading...
HomeMy WebLinkAbout2018-02-07; Planning Commission; MinutesPlanning Commission Minutes February 7, 2018 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: February 7, 2018 Place of Meeting: COUNCIL CHAMBER CALL TO ORDER Chairperson Montgomery called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Siekmann led the Pledge of Allegiance. ROLL CALL Present: Chairperson Montgomery, Commissioners Anderson, Goyarts, Rodman, Segall and Siekmann Absent: Commissioner Black Staff Present: Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary David de Cordova, Principal Planner Greg Fisher, Associate Planner Chris Garcia, Associate Planner Jason Geldert, Engineering Manager Mike Peterson, Building Official APPROVAL OF MINUTES Chairperson Montgomery asked if there were any corrections or revisions to the minutes of the Planning Commission and City Council Joint Special Meeting of December 5, 2017. MOTION ACTION: Motion by Commissioner Rodman and duly seconded by Commissioner Siekmann to approve the minutes of the Planning Commission and City Council Joint Special Meeting of December 5, 2017. VOTE: 6-0-1 AYES: Chairperson Montgomery, Commissioner Anderson, Commissioner Goyarts, Commissioner Rodman, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black Chairperson Montgomery asked if there were any corrections or revisions to the minutes of the meeting of January 17, 2018. MOTION ACTION: Motion by Commissioner Rodman and duly seconded by Commissioner Siekmann to approve the minutes of Regular Meeting of January 17, 2018. VOTE: 6-0-1 AYES: Chairperson Montgomery, Commissioner Anderson, Commissioner Goyarts, Commissioner Rodman, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black Planning Commission Minutes February 7, 2018 Page 2 Chairperson Montgomery directed everyone’s attention to the slide on the screen to review the procedures the Commission would be following for that evening’s public hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Montgomery opened the public hearing and asked City Planner Don Neu to introduce Agenda Items 1 and 2. 1. CDP 16-24 (DEV16032) – PEELLE RESIDENCE ADDITION – Request for approval of a Coastal Development Permit to allow for the addition of 965 square feet of habitable space, addition of 80 square feet to the existing garage, and a new below-grade pool and pervious pavers to an existing single-family residence within the Mello II Segment of the city’s Local Coastal Program located at 2441 Buena Vista Circle within Local Facilities Management Zone 1. The project site is 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), additions to an existing structure, of the state CEQA Guidelines. 2. CDP 2017-0037 (DEV2017-0122) – WEST RESIDENCE – Request for approval of a Coastal Development Permit to allow for the addition of 2,160 square feet of habitable space with 670 square feet of decks and porches, and a 240 square foot garage addition to an existing single-family residence within the Mello II Segment of the city’s Local Coastal Program located at 4225 Clearview Drive 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), additions to an existing structure, 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 in routine and nature with no outstanding issues and staff is recommending approval. He recommended the public hearing be opened and closed, and that the Planning Commission proceed with a vote as consent items. If the Planning Commission or any members of the public wish to pull the items, staff would be available to respond to any questions. Chairperson Montgomery asked if any members of the Planning Commission wished to pull any of the items listed. Seeing none, he asked if any members of the public wished to speak on Agenda Items 1 and 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Rodman and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7286 approving Coastal Development Permit CDP 16-24, based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Montgomery, Commissioner Anderson, Commissioner Goyarts, Commissioner Rodman, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black Planning Commission Minutes February 7, 2018 Page 3 ACTION: Motion by Commissioner Rodman and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7287 approving Coastal Development Permit CDP 2017-0037 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Montgomery, Commissioner Anderson, Commissioner Goyarts, Commissioner Rodman, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner Black Chairperson Montgomery 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. AMEND 2017-0023 (DEV15001) – CULVER BEER CO – Request for approval of an amendment to Conditional Use Permit CUP 15-01 to modify the hours of operation for the brewery tasting room on property located at 2719 Loker Avenue West, Suite D, 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) of the State CEQA guidelines. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Chris Garcia would make the staff presentation. Mr. Garcia made the presentation and stated he would be available to answer questions. Chairperson Montgomery asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Segall disclosed that he has been out to the property; however not related to the project. Commissioner Anderson disclosed she has visited the property. Chairperson Montgomery stated that the Commission is in receipt of a handout from Michael Alti. Chairperson Montgomery asked if there were any questions of staff. Commissioner Anderson asked how long the current Conditional Use Permit (CUP) is granted for. Mr. Garcia replied the current CUP does not have an expiration date. Chairperson Montgomery asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Timothy Dobrenen, 3801 Marquette Place, San Diego, stated that he would be available to answer questions or concerns. Chairperson Montgomery asked if any member of the audience wished to address Agenda Item 3. Serena Carlson and Caleb Willis, 2719 Loker Avenue West, ceded their time to Michael Alti, Community Legal Advisors INC., 509 North Coast Highway, Oceanside. Mr. Alti referred to the handout provided for the Commission pointing out concerns with parking, hours of operation, permitted uses, business compatibility and the substantial impact. Commissioner Segall asked how a single parking space is determined for the project. Mr. Alti responded stating overall square footage of Suite D is calculated to five parking spaces, allocating one parking space for the brewery tasting room. Planning Commission Minutes February 7, 2018 Page 4 Commissioner Siekmann referred to the Assistant City Attorney regarding the issues of CC&Rs and the Planning Commission’s decision on the project. Mr. Kemp explained that CC&Rs are generally a private matter between the occupants and the city does not enforce CC&Rs. Mr. Kemp asked Mr. Alti if there were more than five parking spaces allocated to Culver Brewing Co. before January 2017, when the permit was amended. Mr. Alti described whether five or six parking spaces are allocated for Suite D, it does not matter given the substantial impact. Commissioner Siekmann asked if Mr. Alti comprehends that the CC&R issue is not in the Commission’s purview. Mr. Alti quoted the Carlsbad Municipal Code Section 21.44.080 on joint use of off-street parking. Mr. Neu added that the purpose of the CUP and the findings address parking. The issue of adequate parking is relevant to the use permit from the standpoint is adequate parking onsite based on the city’s parking requirement ratio. Commissioner Siekmann stated her only question and concern is to ensure Mr. Alti understands that the Commission does not resolve CC&R issues. Mr. Alti recognized Commissioner Siekmann and commented the issue is that the use will be utilizing more than six spaces for Suite D. Chairperson Montgomery asked if Mr. Alti represents the property owner of 2719 Loker Avenue West. Mr. Alti replied no, Community Legal Advisors INC. represents the six surrounding buildings. Chairperson Montgomery asked if the property owner of 2719 Loker Avenue West can privately resolve the parking issue without impacting Mr. Alti. Mr. Alti understands the property owners of 2719 Loker Avenue West are objecting to the parking issues due to the impact. Commissioner Anderson asked if Mr. Alti had objections to the expansion of weekend hours of operation. Mr. Alti replied that Mr. Danninger will be addressing the hours of operation issue however, his main concern is the weekday hours of operation. Mr. Neu pointed out that it is not unusual in the city for a project to require city approval as well as private approval from an association, an applicant may or may not be able to obtain both approvals. Parker Stevens ceded his time to Paul Danninger, representing MarWest Commercial, 1049 Camino Del Mar, Del Mar, who provided a handout to the Commission and shared his concerns with parking, permitted uses, and business compatibility. Commissioner Siekmann asked Mr. Danninger why a complaint has not been filed to the city regarding the issues raised during public testimony. She stated that she is confused as to how he thought the issues could be resolved during the hearing associated to an amendment to hours of operation. Mr. Danninger replied he was not aware whether the complaint should be heard before the Commission. He stated that they have been working hard to resolve the issues with the brewery and the existing hours of operation. Mr. Danninger added that the solution was to place a small sign on all parking spaces clarifying each parking space allocation to all surrounding businesses, and any persons who do not belong in that parking space could get towed. Commissioner Siekmann restated the Commission’s purview on the item is to decide on the hours of operation, not whether the delicatessen is a restaurant nor the issues related to parking. Mr. Danninger replied that they recently found out about the deli, the building permits associated and have sent a temporary restraining order to the brewery to cease construction. His extrapolation is that the use affects the parking, which affects the hours of operation. Commissioner Goyarts asked if the tenants would benefit from the expansion of the hours and a small deli that serves lunch and beverages. Mr. Danninger stated it would be great for an individual to go to a handy place for lunch and/or a business meeting, yet, if a returning tenant does not have a place to park, it would not be beneficial. Chairperson Montgomery asked if any other member of the audience wished to address Agenda Item 3. Seeing none, he asked if the applicant wished to respond to the issues raised. Mr. Dobrenen stated that the deli is a separate entity from Culver Beer Co. and parking would not be an issue if the parking spaces are reserved for each business with appropriate signs. Planning Commission Minutes February 7, 2018 Page 5 Chairperson Montgomery inquired about the intent of Culver Beer Co.’s extension of the hours of operation for the tasting room. Mr. Dobrenen replied the deli and the brewery would benefit from the tasting room operating from 11:00 a.m. Commissioner Goyarts asked if there are other competing businesses nearby. Mr. Dobrenen replied no, there is not another food service in the association although, a Subway is located across the street. Commissioner Segall asked how Culver Beer Co. will manage reserved parking signs and towing vehicles. Mr. Dobrenen replied that Culver Beer Co. currently posts a sign in the tasting room advising customers to utilize street parking and recommended posting signs in the restrooms. Chairperson Montgomery asked if there were any questions of staff. Commissioner Anderson is curious why different requirements are not addressed regarding the change from a tasting room to a restaurant. Mr. Garcia replied that a deli is a permitted use in the P-M zone to which is a building permit process, not subject to a CUP. Commissioner Anderson asked if it is acceptable for the deli to prepare food, as a separate business, and serving in the brewery thereafter. Mr. Kemp clarified that the delicatessen has been approved through the building permit process. If the delicatessen is not utilized as it is defined in the code, it becomes a code enforcement issue. Mr. Kemp concluded that there are remedies under the code if things are not done according to the way the ordinance has been written and permitted. Commissioner Segall asked how the action relative to code enforcement on a CUP could be managed. Mr. Neu replied that staff reviews CUPs on an annual basis and if complaints or noncompliance issues arise, the code enforcement process would address the restrictions of what has been permitted. Mr. Neu concluded stating if there is a CUP violation, the first approach is try to get compliance, and if that is not possible, the item will return to the Planning Commission to consider reconditioning or revoking the CUP. Mr. Garcia added that the CUP is only for the tasting room and that the brewery, manufacturing and the warehousing is permitted by right. Commissioner Segall asked if there is a way for the Commission to review the parking issues in six months to verify if the issues are managed appropriately. Mr. Neu replied a sooner review period is possible, although the conditions continue to change on the property as different uses occupy the buildings. Physical therapy is not permitted in the Planned Industrial zone, and as all uses are reviewed through the business license process, often times are denied but are occupied any way resulting in code enforcement. Commissioner Segall asked if any formal complaints have been filed on the CUP, or any violations in the last two years since Culver Beer Co. has opened. Mr. Garcia replied not that he is aware of. DISCUSSION Commissioner Siekmann stated that she would prefer not to add any conditions to the CUP. She feels that the public speakers are aware of the Commission’s concerns, stated that it seems like they will begin to mark parking spaces and recognize to complain to the city, if anything happens. Chairperson Montgomery agrees with Commissioner Siekmann affirming there is enough awareness. Commissioner Siekmann reiterated that the CC&Rs are not the Commission’s responsibility to ensure that they are followed. She stated the delicatessen issue is not on the Commission’s purview and thinks the parking signs are a great idea. Commissioner Siekmann thinks the business should be allowed to add the extra hours to flourish as a business. She can support the project. Commissioner Segall understands the issues on both sides. He would be willing to support the project the way it is submitted with a clear understanding that the applicant and the Promontory Business Park Association resolve their own issues. Commissioner Segall concurs with his fellow Commissioners and can support the project. Commissioner Anderson would be in favor of allowing expanded hours on the weekends, however, not during the weekdays. She is concerned with the use of the space, that should be in a different location than a business park that does not have adequate parking for the density of the business, although it works Planning Commission Minutes February 7, 2018 Page 6 out with shared parking on evenings and on weekends. She feels that the Commission is creating a precedent allowing a business that should be in a commercial center to operate in a business park having an intensified use than what the property was built for. Commissioner Anderson feels that it would open doors to other breweries requesting for the same thing as Culver Beer Co. paying a lower rent because they are in a different type of property rather than a commercial property. She thinks they should be restricted as they are now during the week and as other breweries. Commissioner Anderson cannot approve the project the way it is requested. Chairperson Montgomery agrees with Commissioner Anderson; however, he believes there should be a parking intensity that reflects the brewery or the tasting room within the parking ordinance. Commissioner Anderson noted that the CUP is not supposed to be detrimental and should be necessary and desirable for the neighborhood. It is held to a higher standard than a typical project that comes before the Commission. Commissioner Segall added that these types of businesses are in industrial parks and generally serve customers in that area, not wider audiences or communities. He stated that there is a certain use that has been occurring clarifying that the breweries serve in the geographical area of industrial parks and would not be able to manufacture in a commercial center. Commissioner Rodman can support the project as it meets the standards. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7288 approving Conditional Use Permit Amendment AMEND 2017-0023 based on the findings and subject to the conditions contained therein as amended. VOTE: 5-1-1 AYES: Chairperson Montgomery, Commissioner Goyarts, Commissioner Rodman, Commissioner Segall and Commissioner Siekmann NOES: Commissioner Anderson ABSENT: Commissioner Black Chairperson Montgomery closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. GREEN BUILDING CODE REQUIREMENTS AND FUTURE ENERGY EFFICIENCY ORDINANCES – An informational presentation on the city’s energy efficiency and renewable energy requirements under the 2016 Green Building Standards Code, and future local ordinance amendments to implement the Carlsbad Climate Action Plan. Mr. Neu introduced Agenda Item 4 and stated Principal Planner David de Cordova assisted by Building Official Mike Peterson would make the staff presentation. Mr. de Cordova and Mr. Peterson made the presentation. Chairperson Montgomery and Commissioner Siekmann thanked staff for their helpful presentation. Chairperson Montgomery closed the public hearing on Agenda Item 4. COMMISSION COMMENTS None.