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HomeMy WebLinkAbout2018-09-05; Planning Commission; Minutes City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 September 5, 2018 – Regular Meeting Amended Minutes CALL TO ORDER: Vice Chair Anderson called the Regular Meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance. ROLL CALL: Vice Chair Anderson, Commissioners Geldner, Luna, Meenes, and Segall. Chair Montgomery – Absent. STAFF PRESENT: Assistant City Attorney Kemp, City Planner Neu, Associate Planner Dan Associate Planner Harker, and Senior Office Specialist Hardy APPROVAL OF MINUTES: Minutes of the Regular Meeting held August 15, 2018 were approved, 5-0-1. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: None. Vice Chair Anderson 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. She stated the normal time allotted is 5 minutes for each public speaker, but due to the high volume of public speakers she reduced the time limit to 3 minutes for each speaker. Vice Chair Anderson asked if any members of the public would like to speak on items not listed on the agenda. Seeing none, she opened and closed public testimony. PLANNING COMMISSION PUBLIC HEARING: NEW APPLICATIONS: Vice Chair Anderson opened the public hearing for Item 1. 1. RP 2018-0004/CDP 2018-0014 (DEV2018-0023) – BARRIO GLASSWORKS – Request for approval of a Minor Review Permit and Coastal Development Permit to allow 2,323 square feet of new additions to an existing 573-square-foot commercial building. This project is not located within the appealable area of the California Coastal Commission. The existing use would be converted to a hot glass blowing operation located at 3060 Roosevelt Street in Land Use District 1 of the Carlsbad Village Master Plan, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303 New Construction of Small Planning Commission Minutes - Amended September 5, 2018 Page 2 Structures of the State CEQA Guidelines and will not have any adverse significant impact on the environment. City Planner Neu introduced Agenda Item 1 and stated Associate Planner Dan would make the staff presentation. Associate Planner Dan made the presentation and stated he would be available to answer any questions. Vice Chair Anderson asked if any members of the Commission have any ex parte communications to disclose for this item. DISCLOSURES: Commissioner Segall disclosed that he drove by the site. Commissioner Meenes disclosed that he drove by the site. Commissioner Luna disclosed that she drove by and walked around the site. Commissioner Geldner disclosed that she drove and walked around the site. Commissioner Anderson disclosed that she drove by the site. Vice Chair Anderson asked if there were additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Mary Devlin, the applicant, made the presentation and stated she would be available to answer questions. Vice Chair Anderson asked if there were questions for the applicant. Commissioner Geldner asked the applicant several clarifying questions. Will the roof structure and the solar panels be at the same angle so the panels are mounted parallel to the roof? She also asked if there will be exhaust or fumes? Ms. Devlin stated the solar panels will be parallel to the roof. She addressed the question on fumes. She stated that they are not manufacturing. They do have a furnace that is electric. The manufacturer of the equipment has assured her there is no exhaust or combustion. There are safety features included with shut off values if there are temperature variations. Vice Chair Anderson asked if there were additional questions for the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project and opened public testimony. Planning Commission Minutes - Amended September 5, 2018 Page 3 PUBLIC COMMENT: Elizabeth Birnbaum, a Leucadia resident, stated that she is in support of the project and staff’s recommendation to approve the project. She thinks this project will complement and enhance the City of Carlsbad. Sean Dominquez, a resident, stated he is opposed to the project. He stated he helped set up the skateboard shop. He asked Commission to consider if this business is viable and is concerned about the exhaust impacts. He would like to see the small skateboard shop remain at this location. Cameron Wetzler, a resident, stated that he is the owner of the world’s smallest skateboard shop, Elm Street Board Shop with murals, which will be torn down if this proposal passes. He had the opportunity to take a vacant building five months ago and turned it into the current shop. He is opposed to the glassblowing shop, because he thinks it emits dangerous chemicals into our atmosphere in a residential and restaurant area. Chelsea Cullinan, a resident, stated she is opposed to the project and supports the skateboard shop. Alex Whittingham, a resident, stated he is opposed to the project and supports the skateboard shop. Jace Mullen, a resident, stated he is opposed to the project and supports the skateboard shop. He stated his concern of a collapse of the business on the current site. Cole Keller, a resident, stated he is opposed to the project and supports the skateboard shop. He stated his concern of health risk of the glass facility. Alex Pickard, an Oceanside resident, stated he is opposed to the project and supports the skateboard shop. Judy Devlin, an Encinitas resident, stated she is in support of the project and supports the skateboard shop. Mary Birnbaum, a Vista resident, stated she is in support of the project and supports the skateboard shop. Maria Hrisanthoponles, a resident, stated she is opposed to the project. She likes having the skateboard shop in the village. She stated that the other two skateboard parks are located at Alga Norte Community Park and on Faraday Avenue and is hard for them to get there. Stephanie Wohlfiel, a resident and a business owner, stated she is opposed to this project. She would like to see a skate park in the village. Planning Commission Minutes - Amended September 5, 2018 Page 4 Vice Chair Anderson stated that this is all the speaker slips that were submitted to the Minutes Clerk, and asked if any person in the audience wished to speak on the project that did not fill out a speaker slip. The following additional speakers spoke who were opposed to the item: Samantha Parker, an Oceanside resident. Jake Genewich, a resident in 8th grade. Cameron Wexler’s mother (name not stated). Huckleberry Garcia, a resident and a high school student. Bertha Sterling, a resident. Priscilla Lopez, a Carlsbad resident and business owner. Oscar Aparicio, a resident. Steve (inaudible), a Vista resident. Ian Levy, a resident. Adam Bright, an Oceanside resident. Josh (inaudible), a resident. Jack Packard, a resident. Brock (inaudible), a resident. Brian Rodriguez, a resident and middle school student. Amanda (inaudible), an Oceanside resident. Astrid Denija, a non-resident (City not stated). Marco (inaudible) a resident. Blake Vogel, an Oceanside resident. Joshua (last name not stated), a former resident. Julie Adjour, a resident stated she is opposed to the project and supports the skateboard shop because it does not cause a parking problem. Vice Chair Anderson closed public testimony and asked if the applicant would like to respond. Mary Devlin addressed the parking concern and stated it will not be a problem with her business either. There is plenty of parking there. She stated that the building is not 26 feet it is 16 feet. The building is not two stories. She stated that she thinks this business fits within the Village Barrio Master Plan and has worked with the city planners. She stated that her business does have the resources to keep it around for the next 5 years and has a long-term plan. Vice Chair Anderson asked if staff would like to respond. Assistant City Attorney Kemp stated that he does not see a legal issue to comment on at the moment. He stated that the Commission has an application before them that they need to take an action on. Commissioner Meenes asked the Assistant City Attorney to provide some clarity and some background regarding the city’s responsibility and the commission’s responsibility in reviewing this application. Planning Commission Minutes - Amended September 5, 2018 Page 5 Assistant City Attorney Kemp stated that it is not the purview of the commission to weigh the merits of one business versus another. It would be a private decision for the land owner to decide what business he wants there as long as the application before you fits into the master plan which staff is recommending that it does. He stated that the city has an Economic Development Department that does help businesses in the city to find locations and depending on the Commission’s decision would be able to assist the skateboard shop on relocating. He stated that the issue of emissions and that the decision the Commission makes has to be based on findings of fact and you need to have evidence that a business proposed would not be a polluting business. Commissioner Geldner stated she had the same question on emissions and what research staff had done. Associate Planner Dan stated he contacted an engineer at the San Diego District Air Quality Control District (AQCD) and explained the proposed project and the square footage of the building and how many glass blowers typically are going to be operating in the structure. The conclusion from the engineer was that it does not exceed any of the thresholds that AQCD currently has. He stated that the engineer guided him to their Title 11 under exemptions and Section D that glassblowing and an electrical furnace is exempt from AQCD permits. He stated that he also reached out to another glassblowing private business that is currently in operation in San Marcos and asked them if they had any permits that were required to be in operation and they said no. Commissioner Segall inquired if staff had any findings on the chemicals or paints used at this glassblowing shop would generate any pollutants. Associate Planner Dan stated that he did not get into the specifics of chemicals or paints. It was more on dealing with the particulate matter and whether it exceeded 2.5 and it did not. Commissioner Segal asked if the Carlsbad Fire Department reviewed this from a safety standpoint. Associate Planner Dan stated that yes, the Carlsbad Fire Department had reviewed this project and did not provide any specific comments. Vice Chair Anderson asked Ms. Devlin if some part of your process involves gas. Is that natural gas that you’re burning? When you are reheating the glass? Ms. Devlin stated that when you are reheating the glass it goes into a gloryhole which is gas operated. Commissioner Segall asked if there are any need for exhaust systems. Ms. Devlin stated that the two-major pieces of equipment include the furnace which is electric and the gloryholes which are gas and does not require an exhaust plus the design of the hot shop is such that the windows will all be open. It has a roll up door. There will be ventilation for how Planning Commission Minutes - Amended September 5, 2018 Page 6 hot it gets inside. She stated that she has worked in a number of hot shops and there are no chemicals and no one is wearing masks. PLANNING COMMISSION DISCUSSION: Vice Chair Anderson opened the Commission discussion. Commissioner Geldner stated that it is not the Commissioners job to decide one business over another. She would like to see a creative solution for both businesses to go forward. She stated the reality is the property owner makes the decision between which tenant to rent to. Commissioner Segall concurs with Commissioner Geldner that it is a landowner issue between the people who own the property and what they want to do with that property. He stated that the Commission can only decide if the proposed business meets the standards of Carlsbad. He stated that the research that staff has done does meet that. He would like to see the skateboard shop relocated and it sounds like it has been great for the community. He stated that he supports this project but would also like to see opportunities for young people. He thanked Mr. Wetzler for bringing this community together. Commissioner Anderson thanked Mr. Wetzler for his entrepreneurial business spirit. She stated that the Commission cannot take away property owners rights who are asking to do something else with the property. MOTION: ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Luna to Adopt Planning Commission Resolution No. 7309 APPROVING a Minor Review Permit (RP 2018-0004) and a Coastal Development Permit (CDP 2018-0014) and Errata Sheet dated 9-5-18, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-1 AYES: Vice Chair Anderson, Commissioners Geldner, Luna, Meenes, and Segal NOES: ABSENT: None Chair Montgomery Vice Chair Anderson closed the public hearing on Agenda Item 1. RECESS Vice Chair Anderson called for a 5-minute recess at 7:25 p.m. MEETING CALLED TO ORDER Vice Chair Anderson called the meeting to order at 7:30 p.m. with all Commission present. Planning Commission Minutes - Amended September 5, 2018 Page 7 Vice Chair Anderson opened the public hearing on Agenda Item 2. 2. CT 2018-0003 (DEV2018-0010) – MAGNOLIA-BRADY – Request for approval of a Tentative Tract Map for the grading and subdivision of a 2.0-acre property at 1534 Magnolia Avenue into seven single-family lots and one detention basin lot within Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. City Planner Neu introduced Agenda Item 2 and stated that Associate Planner Harker would make the staff presentation. Associate Planner Harker gave a brief presentation and stated she would be available for any questions. Vice Chair Anderson asked if any members of the Commission have any ex parte communications to disclose for this item. DISCLOSURES: Commissioner Segall stated that he drove by the site. Commissioner Meenes stated that he drove by the site. Commissioner Luna stated that she drove by the site. Commissioner Geldner stated that she drove by the site. Commissioner Anderson stated that she drove by the site. Commissioner Meenes asked about the fencing if it would be constructed prior to the construction of the dwellings on the lot. Associate Planner Harker stated that according to the applicant it would be constructed as part of the landscaping that is installed and concurrently with the development of the homes. Vice Chair Anderson asked if there were additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bob Ladwig, Ladwig Design Group, made the presentation and stated he would be available to answer questions. Vice Chair Anderson asked if there were questions for the applicant. Seeing none, she asked if there were any members of the public who wished to speak on the project. She opened public testimony. Planning Commission Minutes - Amended September 5, 2018 Page 8 Chris Swindull, a resident stated he is in support of the project but had some concerns and hoped to work with the applicant. He stated he was concerned about the dust from the construction, gopher infestation, and nails from the construction and getting flat tires. Vice Chair Anderson asked if the applicant would like to address the questions addressed by the public. Bob Ladwig stated he would like to know about any issues and gave his business card to the public speaker. Commissioner Segall asked about the gophers and how to mitigate them. Bob Ladwig stated that there are a lot of gophers on the property and he would ask his landscaper about this issue. Commissioner Meenes asked what the applicant’s plans are for the construction of the homes. Bob Ladwig stated he did not want to spend a lot of time on the design before the approval. He has done some preliminary work on the architecture. Vice Chair Anderson asked staff to address the issues the speaker brought up on dust, gophers, and nails. Associate Planner Harker stated that there are construction measures in place that a developer needs to use water to control the dust during construction. She stated she is not a gopher relocation expert. Vice Chair Anderson asked if there were any additional questions for the applicant or staff. Seeing none she closed Commission discussion. She asked if there were any Commission comments. PLANNING COMMISSION COMMENTS: Commissioner Segall stated that he supports the project. MOTION: ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Meenes to Adopt Planning Commission Resolution No. 7308 APPROVING Tentative Tract Map (CT 2018-0003) with Errata Sheet dated 9-5-18, based upon the findings and subject to the conditions contained therein. VOTE: 5-0-1 AYES: Vice Chair Anderson, Commissioners Geldner, Luna, Meenes, and Segall NOES: None ABSENT: Chair Montgomery Vice Chair Anderson closed the public hearing on Agenda Item 2. Planning Commission Minutes -Amended September 5, 2018 Page 9 CITY PLANNER COMMENTS: City Planner Neu reminded the Commission of the Boards & Commission appreciation event held on September 6, 2018. He also reminded the Commission that there will not be a Planning Commission meeting held on September 19, 2018 and the next meeting will be held on October 3, 2018. He stated the Planning Commission workshop will be held on October 5, 2018. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: The Regular Meeting of the Planning Commission of September 5, 2018, was adjourned at 7:50 p.m. ~Li City Planner Michele Hardy -Minutes Clerk