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HomeMy WebLinkAbout2018-12-05; Planning Commission; MinutesPLANNING COMMISSION City Council Chamber CALL TO ORDER: ROLL CALL: STAFF PRESENT: 1200 Carlsbad Village Drive Carlsbad, CA 92008 Wednesday, December 5, 2018 Amended Minutes Chair Montgomery called the Regular Meeting to order at 6:00 p.m. Chair Montgomery, Commissioners Anderson, Luna, Meenes, Merz, and Segall Commissioner Geidner absent Assistant City Attorney Kemp, City Planner Neu, Associate Planner Garcia, Assistant Planner Sexton, Associate Planner Danna, Senior Planner Goff, Engineering Manager Geldert, and Administrative Secretary Flores PLEDGE OF ALLEGIANCE: Commissioner Segall led the Pledge of Allegiance APPROVAL OF MINUTES: Minutes of the Regular Meeting held November 7, 2018 were approved, as amended, 6-0-1 (Geidner absent). Chair 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 CONSENT CALENDAR: City Planner Neu stated Agenda Item 2 and 3 would normally be heard in a public hearing context; however, the project appears to 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 a consent item. If the Planning Commission or any members of the public wish to pull the items, Staff would be available to respond to any questions. Chair Montgomery asked if any members of the Planning Commission wished to pull any of the item(s) listed. Seeing none, he asked if any members of the public wished to speak on the item listed. Seeing none, he opened and closed public testimony. 2. SUP 2018-0002 (DEV2018-0061} BURDICK DOCK REPLACEMENT -Request for approval of a Floodplain Special Use Permit to remove and replace an existing, private residential dock, gangway, piers and stairs along the northeasterly shore of Bristol Cove, specifically adjacent to property located at 4627 Park Drive, in the Agua Hedionda Segment of the Local Program (LCP) and in Local Facilities Management Zone 1. 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 15302, Replacement or Reconstruction of existing structures, of the state CEQA Guidelines. The Agua Hedionda LCP Segment is in an area of deferred certification where the city does not have permit authority to issue Coastal Development Permits and thus, the project will need to receive a Coastal Development Permit issued by the California Coastal Commission after city approval of SUP 2018-0002. Planning Commission Minutes December 5, 2018 Page 2 3. SUP 2018-0008 (DEV2018-0124) -MACINNES DOCK IMPROVEMENT -Request for approval of a Floodplain Special Use Permit to remove and replace the majority of an existing, private residential dock with a new dock featuring one additional finger and slip, relocated gangway, and a new gangway, pier and shore attachment system, along the northwesterly shore of Bristol Cove, specifically adjacent to the property located at 4563 Cove Drive, in the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found to 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 Sections 15302, Replacement or Reconstruction, and 15303, New Construction or Conversion of Small Structures, of the state CEQA Guidelines. The Agua Hedionda LCP Segment is in an area of deferred certification where the City does not have permit authority to issue coastal development permits and thus, the project will need to receive a Coastal Development Permit issued by the California Coastal Commission after city approval of SUP 2018-0008. MOTION: ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner Luna to Adopt Agenda Item No. 2 and 3, Planning Commission Resolution No. 7318 and Resolution No. 7317, approving Floodplain Special Use Permit SUP 2018-0002 and Floodplain Special Use Permit SUP 2018-0008, based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AVES: Chair Montgomery, Commissioners Anderson, Luna, Meenes, Merz, and Segall NOES: None ABSENT: Commissioner Geidner CONTINUED PLANNING COMMISSON PUBLIC HEARINGS: 1. AMEND 2017-0026/SDP 2017-0011 (DEV02092) -OMNI LA COSTA BALLROOM -Request for approval of a Minor Master Plan Amendment and Site Development Plan to expand the existing ballroom within Planning Area 5 of the La Costa Resort and Spa Master Plan, on property generally located southeast of El Camino Real and Arena! Road within Local Facilities Management Zone 6. The City Planner has determined that this project has no new significant environmental effects not analyzed in the originally approved Mitigated Negative Declaration for the La Costa Resort and Spa Master Plan, and no further CEQA compliance is required. City Planner Neu introduced Agenda item 1 and stated Associate Planner Garcia would make the staff presentation (on file in the Planning Division). Chair Montgomery recused himself on this agenda item. He stated he lives within the 600-foot area of influence of the Omni La Costa Resort. Commissioner Anderson became the Chair. Associate Planner Garcia gave the staff presentation. Planning Commission Minutes December 5, 2018 Page 3 DISCLOSURES: Commissioner Segall stated he drove by in the rain before coming to the meeting and half the lights were off. APPLICANT PRESENTATION: Bill Hofman, President of Hofman Planning and Engineering, representing Omni La Costa stated the parking management plan and architecture changes that the planning commission requested at the November 5, 2018 were going to be presented tonight. Mr. Hofman stated the architect is present to make the preser:itation on the architecture changes. Mr. Hofman stated the detailed parking management plan has been presented for the commissions review. Mr. Hofman stated he wanted to stress the importance of moving forward with approval of the project. Mr. James Genin, architect for Omni, made a presentation. Mr. Ganin explained how the Spanish Colonial style of architecture applies to design of the Omni property. Mr. Genin stated the pictures he was showing in his presentation display the use of Spanish Colonial Architecture style in various buildings on the La Costa property. This includes stucco, orange tile roofing, timber, and wrought iron. Mr. Genin stated the property feels like a little community of similar buildings that fit within the Spanish Colonial Style of architecture. Mr. Genin stated there is a wide variety of windows and doors used throughout the property and that is acceptable in Spanish Colonial Architecture style. Mr. Genin stated he watched the meeting online from November 5th and made notes on what the commissions concerns were. Mr. Ganin stated that the louvers have been enlarged and an archway added to the south-east tower. Mr. Ganin stated that an observer will never look at the new ballroom and think it is one with the older ballroom, nor is it the desire of the resort for it to appear as one building. He stated the desire is to view the resort as a village that contains different buildings with similar features. Mr. Ganin stated they made many modifications to the back of the building to include a water quality pond, wrought iron detailing, and landscaping. Mr. Genin stated the back of the existing ballroom has a utilitarian fac;:ade. Vice Chair Anderson asked City Planner Neu if they needed to hear the entire presentation before discussing the architecture. City Planner Neu suggested that the commission hear the applicant's full presentation before any discussion. Planning Commission Minutes December 5, 2018 Page4 Mr. Brian Hughes, Managing Director of Omni La Costa, made a presentation on the parking management plan. Mr. Hughes stated that parking has always been a priority for La Costa . He stated they recently held their annual tree lighting ceremony with over 2,000 members of the public in attendance. Mr. Hughes stated that the Omni La Costa did not exhaust their available parking during the tree lighting event. Mr. Hughes stated there is an economic urgency to the approval of the ball room addition. He stated they have business booked for the ballroom facility in the first quarter of 2020 that will generate approximately 2.8 million dollars. Commissioner Meenes asked Mr. Hughes if Walker Consultants was involved in developing the parking management plan since they provided the data for the parking needs assessment study for the property. Mr. Hughes stated that some of the data that Walker provided was used in the parking management plan, but the parking management plan was developed at the property level. Commissioner Meenes stated that Walker Consultants could have provided their expertise in drafting the parking management plan. Mr. Hughes stated the staff at the resort, to include himself, developed the plan to ensure that it is functional and that they can execute it. Mr. Hofman stated that Walker Consultants specialized in needs assessment and does not provide operational consulting, that is not their forte. Commissioner Merz asked if any satellite parking locations were used for the tree lighting event. Mr. Hughes stated they utilized auxiliary parking lots for their employees and used shuttles to bring people to the location of various events from all parking lots on the map displayed. Vice Chair Anderson asked about the access to parking lot 12 and if the employees that use it drive over the wooden bridge. Guest services manager Luis Simental stated that yes, the entry way to parking lot 12 is a wooden bridge and there is another entry way on La Costa Avenue. Vice Chair Anderson asked how employees are notified that they need to use parking lot 12. Mr. Simental stated an email with a map of the parking lot is disseminated prior to large events that require staff to utilize alternate parking as well as a hard copy is displayed on bulletin boards throughout the resort. Vice Chair Anderson asked Mr. Simental if the events were staggered to allow time in between to manage parking and traffic. Planning Commission Minutes December 5, 2018 Page 5 Mr. Simental stated that yes, events are staggered by the catering and event managers when they book them. Vice Chair Anderson stated she had concerns about safety when people park in the dirt parking lot. She stated there is no sidewalk and the lot has insufficient lighting. Mr. Hughes stated the parking lot is regularly graded to keep it flat and said there have been no safety issues. He stated the lot is lit and that there is a sidewalk on one side of the road with cross walks available for pedestrians to cross to the other side of the road . Vice Chair Anderson asked if the issue of golf carts driving with no lights on and parking in the red zone had been addressed. Mr. Hughes stated that it is difficult to know if that was a member or associate driving without lights on in the golf cart and that if it were an associate, that would be in violation of their expectations. Vice Chair Anderson asked if the resort requi~~s members to drive golf carts with their lights on. Mr. Hughes stated that is not a requirement for members but certainly a recommendation. Vice Chair Anderson stated that it was surprising that Walker Consultants provided data in their report that stated the ballroom staff was at zero during the day and other employee parking requirements during the day were greatly reduced . Mr. Hughes stated he didn't know where they got that data and that is not an operational reality. Commissioner Merz asked how successful he felt the resort was in keeping people from parking in the residential area north of parking lot 7 and 8 during the large event over the past weekend. Mr. Hughes stated there was a staff member positioned near the entrance to the residential area and that was effective in detouring people from parking there. Commissioner Segall stated concern that when he went by the property on the Saturday of the large event there was no staff member visible at intersection of Arenal Rd. and Estrella De Mar Rd to direct traffic to the appropriate parking areas. Mr. Simental stated that staff was moving from the entrance of the parking to inside the parking lot to ensure cars were parking in the desired areas. Commissioner Segall asked what the impact would be to the resort if parking lot 7 were deemed to be unusable, assuming that it continues to be unpaved and with limited lighting. Mr. Simental stated that taking the use of parking lot 7 away would have an impact on the overall parking of the resort. He stated they estimate they can park anywhere from 200 to 300 vehicles in lot 7 when a traffic controller is present to maximize the volume. Commissioner Segall asked if the resort expects to continue to transport guests in the golf carts during formal events and or during times of inclement weather. Planning Commission Minutes December 5, 2018 Page6 Mr. Simental stated they do have a Mercedes Sprinter that seats about 11 adults as well as a house van that seats 8 adults and a great relationship with the local Hertz rental facility where they can get additional vehicles. Commissioner Meenes stated that under normal circumstances the construction of the new ballroom would require the applicant to improve parking however, due to the future construction of commercial dwellings that is why the commission asked for a detailed parking management plan. Commissioner Luna asked if there are any A frame signs put out during large events at the entrances of the employee parking lots. Mr. Simental stated they do place signs at the main entry way to the resort directing employees on where to park, as well as leading to the wooden bridge, and lot 11 and 12. Commissioner Luna asked if Omni could amend their parking management plan to add an additional person to direct traffic during large events. Mr. Simental stated they will continue to improve the parking plan provided and they will have an additional person to direct traffic during large events. Commissioner Luna asked if Omni got permits, in accordance with the proposed parking management plan, for the large event with the 2,000 people in attendance. Mr. Hofman clarified that is not a requirement but a proposal by the resort which is part of the parking management plan. Commissioner Merz asked if the resort foresees using all the parking lots on the property during what is designated as a code red in the parking management plan. Mr. Hughes stated yes, they would be using all the parking lots on the property. Commissioner Anderson stated concern about how the resort utilizes the unpaved parking lot during events. She stated the property is beautiful and is surprised that Omni does not want to improve the appearance of the unpaved lot. Mr. Hughes stated the unpaved lot is mostly used as self-parking and has been used satisfactorily for the resort. He stated that he would certainly share the feedback with the ownership. Mr. Hofman stated that the reason that Omni has held off on improving the unpaved lot is the expense of an estimated million dollars. He stated the lot would then be torn out in 5 years or less. If it were going to be a permanent parking lot, Omni would have improved it. Commissioner Segall asked Mr. Hofman if there could be some additional improvements done to the unpaved lot such as making improvements to the lighting, continuing the sidewalks, and landscaping. Mr. Hofman stated yes, they can make those improvements. He stated those are good suggestions and wants to work with staff to work these improvements out and implement. Mr. Hughes stated Omni can make the lighting improvements almost immediately and can add the sidewalk during the ballroom addition construction. He stated that he will share the Commissions Planning Commission Minutes December 5, 2018 Page 7 concerns about paving the lot, however, it is a considerable investment and he does not have the authority to approve that decision. Commissioner Segall stated it has been 5 years that the lot has been unpaved and the commission is concerned about the safety and security of the lot remaining as it currently is. Commissioner Meenes asked Engineering Manager, Jason Geldert, from a city standpoint is it an option to do temporary improvements to the unpaved lot or will it need to fully meet city standards and codes if any changes are made. Engineering Manager Geldert stated they would need to see the plans to know exactly what is happening. He stated depending on the surface, it could trigger water quality issues. He stated if it were to be paved, it would fully need to meet city standards with landscaping and referred to Chapter 21 of the municipal code that covers parking lot standards. He stated if the area were being used only as a temporary lot for special events something different could be done with that. Vice Chair Anderson asked what the City's position is right now on the lot and is it considered an unimproved parking lot. Engineering Manager Geldert stated his understanding is that the parking requirements have been met in other areas of the facility and that the area being discussed is not considered a parking lot. Vice Chair Anderson stated that the city does not count it as a parking lot even though it is being used as a parking lot. Engineering Manager Geldert stated that brings up issues and that it does not meet the city's standards for a parking lot. He stated that if it were to be considered a parking lot that it would need to be improved to meet the standards. Vice Chair Anderson asked Engineering Manager Geldert if the city would allow a sidewalk to be built. Engineering Manager Geldert stated yes, the City would allow the sidewalk. Vice Chair Anderson asked if they city would allow temporary asphalt to be installed. Engineering Manager Geldert stated the city would allow temporary asphalt, however it could trigger some other things the resort would have to do. Commissioner Segall asked Engineering Manager Geldert how the unpaved lot has been able to avoid meeting the water quality laws. Engineering Manager Geldert stated that the surface currently on the lot is favorable for water quality and it doesn't go into the streams and ocean. Commissioner Meenes asked if Omni would need to get a permit from the city to put down temporary asphalt and improve the lighting. Engineering Manager Geldert stated that it would be dependent on how many square feet they were to put down and if a water quality issue were triggered. He stated they can do a certain amount of asphalt without a permit and the lighting would require an electric permit. Planning Commission Minutes December 5, 2018 Page 8 Mr. Hofman stated that those permit requests could be included with their grading permit and stated they wanted to avoid putting down any asphalt as it could trigger water quality issues. Assistant City Attorney Kemp stated that the Walker Consultant report did not use lot 7 and it is not considered a parking lot that meets city standards, however the resort is using it as a parking lot. Mr. Hofman stated that it is used as a spillover lot and not a lot that meets city standards. He stated that Walker Consultants did not use it in their data as the resort has sufficient parking without it. Assistant City Attorney Kemp stated that every picture in the Walker Consultant Study shows that the unpaved lot is the most utilized parking lot. He stated that it seems to be the primary lot and not a spillover lot. Mr. Hofman stated that is due to its convenient location on property and that it is not required parking according to the needs assessment study. He stated that it is also a concern for Omni and that there is a timeline of 5 years to cure the gravel lot. It is no longer indefinite. Vice Chair Anderson asked Assistant City Attorney Kemp what the city's liability is in approving a project that utilizes a parking lot that does not meet city standards. Assistant City Attorney Kemp stated that the city does not necessarily have any liability but certain city standards in chapter 21.44 for parking that the planning commission needs to look at and determine if they have been met. City Planner Neu stated part of the commissions consideration should be the data in the Walker Consultant Study and part of the decision before the commission tonight is if they are conformable with the data in the report. He stated that it sounds like the fundamental issues that the commission has is the proximity of the lot to the ballroom, and the phasing the resort wants to do. Commissioner Luna stated that adequate parking was a concern and that is why the parking management plan was requested. She asked Engineering Manager Geldert what is the threshold that causes NPDES to take effect. Engineering Manager Geldert stated anything done would cause NPDES to take effect. He stated the property is already a priority development project and that any surface put down would need to be treated. Mr. Hofman stated treating a sidewalk would be no issue however asphalt would become difficult. Commissioner Luna stated that the conundrum the commission is having is that the Walker study stated they did not need the gravel lot to have adequate parking however the parking management plan heavily utilizes the lot. She stated the commission would like to see improvements done to the gravel lot. Mr. Hofman stated that the location of the gravel lot is convenient for patrons and they do not want to stop them from using it, however the Walker study shows that the gravel lot is not needed for the site to have adequate parking. He stated Omni is willing to make it safe short of completely asphalting the whole lot. Planning Commission Minutes December 5, 2018 Page 9 Vice Chair Anderson stated that the issue the commission is having is that the Walker study did not use the gravel lot in the parking needs assessment however in the parking management plan it is used on a daily basis. Commissioner Merz asked Mr. Simental if the resort were to stop using the gravel lot would they have adequate parking on site. Mr. Simental stated yes, they would have enough parking on site. Commissioner Segall stated that he believes the Walker study and that there is adequate parking on the site. He stated the issue is that some of the parking is not convenient for people to park at. He stated that if convenient parking on the site is not available people will park in the neighborhood. Mr. Hughes stated that when they have 800 or more anticipated guests they implement the code red procedure as per the parking management plan to avoid any guests parking in the adjacent neighborhood. He stated Saturday was a learning experience and they will ensure that a person is at the entrance of the gravel lot at all times to direct traffic. Commissioner Luna asked Assistant City Attorney Kemp if the special event permit that Omni is volunteering for would need to be worked out with the city. Assistant City Attorney Kemp stated that the city's special event ordinance states that permits are required for special events that impact public facilities. He stated there is a process that takes about 60 days and not a process where you can get a permit on an emergency basis. Mr. Hughes stated they volunteered to get special event permits due to the potential impact some events may have on traffic. Commissioner Segall stated the architecture has been enhanced and he is okay with it. Commissioner Luna asked if the windows facing El Camino Real could be enhanced or changed to be arched to follow some consistency with a large residential development nearby. Mr. Gonin stated that arches at the La Costa property are used in entryways to highlight entryways or punctuate entryways. He stated that arched windows are rare on the La Costa property. Commissioner Anderson stated that on the existing ballroom there are rafter tails and she did not see the same feature on the new ballroom. Mr. Gonin stated that the feature is missing from the model for the new ballroom however on the construction plans it does show the exposed rafters. He stated that was an oversight on their part. Commissioner Anderson stated that she would like to see some breakup on the roof of the new ballroom facing El Camino Real. Mr. Gonin stated they have tried to enhance the rear as much as possible to include upgrading the landscaping. He stated pedestrians will be coming from the East side of the building where they have enhanced the fac;:ade . Planning Commission Minutes December 5, 2018 Page 10 Commissioner Anderson stated that little chimneys may be something to consider to break up the roof appearance. Mr. Gonin stated that is something they can look at. He stated the tower on the North fac;:ade will be quite visible from El Camino Real and that will help breakup the appearance of the long white building. PLANNING COMMISSION DISCUSSION: Commissioner Segall stated he has concerns with the parking now and adding the additional ballroom with only make the parking situation worse. He stated that Omni has created a parking issue and he does not see a viable solution at this point. He stated he appreciates the fact they are willing to add lighting and that there needs to be better connectivity for pedestrians. He stated that he would like to hear what the other commissioner's suggestions are. Commissioner Luna stated the parking situation is currently messy and that the applicant needs to make some decisions on how they can improve the parking management plan as well as the use of the various parking lots on the property. She suggested going back to Omni management to make further improvements to the gravel lot and working with the Engineering Manager on the lot improvements. She stated that more due diligence is needed from the applicant. Commissioner Merz stated the applicant has satisfied his concern that there is adequate parking on the property without the gravel lot and that he would leave it up to them on how they operate parking for events. He stated the gravel lot has been that way for many years and there have been no real problems with safety. He stated he would not be in favor of putting additional costs on the applicant to improve the gravel lot since the hard 5-year deadline of developing it or making the parking structure is in place. He stated he is in favor of approving the project and will vote yes. Commissioner Meenes stated he is concerned about the expanded use of the property and stated the applicant needs to come back to the commission with something more thorough in relation to the parking management plan. He stated that typically a project like this would include improvements to a parking lot however, the applicant is asking the commission to not consider the gravel area an actual parking lot. Vice Chair Anderson stated that she is conflicted about approving a project that is not quite ready. She stated that she has concerns that the walker parking needs study omitted lot 7, however the applicant stated that lot 7 is highly utilized for parking. She stated that the gravel lot should either be designated as a parking lot and improved or not used. Commissioner Segall stated he would like to discuss what can be done by the applicant so that they could approve the project. Commissioner Luna stated that the applicant could revise the parking management plan, to include what operational changes will occur to the plan during the period of construction, decide if lot 7 is a parking lot or not, make some improvements such as adding the sidewalk, and clean up the exhibits. Mr. Hofman stated the applicant is willing to make the changes and that delaying the project another month is problematic for the applicant. Mr. Hofman stated they will work with staff to implement the changes. He stated they can paint isle ways and spaces in the gravel lot to improve the parking capacity of the area. Planning Commission Minutes December 5, 2018 Page 11 Commissioner Segall asked City Planner Neu and Associate Planner Garcia what kind of amendment could be drafted to lock in the improvements, the lighting, the sidewalk and the painting of the gravel lot. City Planner Neu stated that with the errata sheet, authority of the parking management plan and the architecture changes would be given to staff to work with the applicant to finalize. He stated the itemized conditions could be added to the record for implementation by staff. Commissioner Segall stated there are improvements the commission would like to see done now and asked how those could be documented. City Planner Neu stated that a condition could be added to the site plan that would cover the immediate improvements. Mr. Hofman stated that part of the grading plan would reflect the improvements. Commissioner Segall asked City Planner Neu what if the applicant decided not to make the improvements. City Planner Neu Stated that the way the resolution is structured is that the applicant would be obligated at the 5-year mark to either develop the gravel area into a parking lot with asphalt, and landscaping, or there will be commercial dwelling units built with a parking structure built in another area to compensate for the loss of the gravel lot. Vice Chair Anderson stated that she would like to see Omni do something sooner to improve the gravel lot. Mr. Hofman stated that 5 years in the development world is not a long time. There are many steps involved and the time is needed. Commissioner Merz stated that point number 3 on the errata sheet could cover all the improvements to the gravel lot that have been discussed during the meeting. Vice Chair Anderson asked City Planner Neu if adding conditions to the errata sheet that would cover lighting, the sidewalk, staggering events, and painting of the grave lot would be acceptable. ' City Planner Neu stated that staff would be able to add those conditions in. Commissioner Luna asked if the gravel lot was going to be used as parking lot or not. Commissioner Segall stated the applicant is going to be using the gravel lot as a parking lot and he hopes the applicant understands the expectations of the commission and the community. Mr. Hofman stated the reason that Walker Consultants did not consider lot 7 in the needs assessment is that they were under the impression that the site was going to be developed for residential use. Vice Chair Anderson asked if the original errata would be included in any vote. City Planner Neu stated the original errata sheet was revised and that only the revised one would be voted on. Commissioner Segall confirmed with Assistant City Attorney Kemp that public testimony would not be required due to the item being continued from a previous meeting. Planning Commission Minutes December 5, 2018 Page 12 Assistant City Attorney Kemp confirmed that public testimony is not required. Commissioner Merz asked if they were voting on making changes to the errata sheet. Vice Chair Anderson stated they were going to be voting on approval of the project. MOTION: ACTION: Motion by Commissioner Segall to Adopt Planning Commission Resolution No. 7315 and revised errata sheets dated December 5, APPROVING a Minor Master Plan Amendment AMEND 2017-0026 and Site Development Plan SDP 2017-0011, based upon the findings and subject to the conditions contained therein. The motion was not seconded. Assistant City Attorney Kemp stated that if there is no second of the motion then there is no action. He stated that someone can make another motion. Vice Chair Anderson stated that the item is dead. Assistant City Attorney Kemp stated that the commission must take some action. He stated if they aren't going to vote on approving the project then somebody should make a motion to deny it or continue the item. MOTION: ACTION: Motion by Commissioner Luna and duly seconded by Commissioner Meenes to continue Agenda Item number 1, Omni La Costa Ballroom Minor Master Plan amendment AMEND 2017-0026 as well as Site Development Plan SDP 2007-0011, to the January 16, 2019 planning commission meeting directing the applicant to address the concerns raised today and that staff provide the revised errata sheet to include the improvements to the parking area and architectural renderings. VOTE: 3-2-2 AYES: Vice Chair Anderson, Luna, Meenes NOES: Merz and Segall Absent: Chair Montgomery and Commissioner Geidner Commissioner Segall asked City Planner Neu to recapitulate what the commission is asking for from the applicant so that it is clear and there are no further delays for the applicant. City Planner Neu stated that he made notes on three items. He stated the commission is asking the applicant to come back with revisions to the draft parking management plan, for staff to make changes to the errata sheet that include physical improvements to the gravel area and more specificity to what those improvements will be. Commissioner Segall asked if the applicant would be able to come back by January 16 with the changes the commission is asking for. Planning Commission Minutes December 5, 2018 Page 13 Mr. Hofman stated that they would ask the commission to reconsider and hopes the motion does not pass. Mr. Hofman stated that he would like to work with staff on any revisions and avoid having to come back to the planning commission. RECESS Vice Chair Anderson called for a recess at 8:25 pm. MEETING CALLED TO ORDER Vice Chair Anderson called the meeting to order at 8:33 pm . PLANNING COMMISSION PUBLIC HEARING: NEW APPLICATIONS: Chair Montgomery opened the public hearing and asked City Planner Neu to introduce Agenda Item 4. 4. CUP 2017-0009/CDP 2017-0049 (DEV2017-0010)-ECO-FRIENDLY AUTO SPA-Request for approval of a Minor Conditional Use Permit and Coastal Development Permit to allow for 1) the demolition of an existing vacant building and parking lot, and 2) development of the site with a new car wash use, located at 6010 Avenida Encinas within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. 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 15332, in-fill development projects, of the State CEQA Guidelines. City Planner Neu introduced Agenda Item 4 and stated Senior Planner Goff would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Segall stated he drove the site and drove around the site. Commissioner Luna stated ditto Commissioner Segall. Commissioner Meenes stated he drove by the site. Chair Montgomery asked if there were additional questions of staff. Commissioner Anderson stated the building is tall for a carwash and asked if there is equipment in the upper part of the building or is it for aesthetics. Senior Planner Goff stated he believes it is for aesthetics only. Commissioner Segall stated in condition 25 that the hours of operation are 7 am to 8pm. He asked if this is what the applicant wants, to operate until 8pm on Sunday. Senior Planner Goff stated yes, that is what the applicant is requesting. Commissioner Luna asked why the carwash is so tall is that to accommodate motorhomes. Planning Commission Minutes December 5, 2018 Page 14 Senior Planner Goff stated the carwash cannot accommodate motorhomes. He stated the height is to exhibit an open-air experience with natural light coming in through the clear polycarbonate roof. He stated the architect is available to explain the design in further detail. Chair Montgomery asked if there were any further questions of staff, seeing none he asked if the applicant would like to make a presentation. Mr. Eric Munoz with Hofman Planning and Engineering made a presentation. He stated that the applicant reached out to Solamar HOA due to the proximity of the residential area to the project. Mr. Munoz stated the applicant took into consideration the noise impacts the carwash would have on the residential area. He stated the input from Sola mar HOA directly impacted their decision to move the exit tunnel. He stated that he is available for questions. Commissioner Segall asked if Mr. Munoz could describe what 55 decibels sounds like. Mr. Munoz stated that when the trains go by that is about 70 to 80 decibels and a loud vacuum could be 50 to 60 decibels at a property line location. Commissioner Segall asked if the applicant did any kind of study that provided information on what the decibels would be when the noise travels across the street into the Solamar neighborhood. Mr. Munoz stated that the city standard measures at the property line of the project location. The first version had some issues but the second test was fine. Commissioner Segall asked if the decibels would diminish as the noise travels across the street. Mr. Munoz stated yes, the noise would diminish. He stated that at some locations of measurement the decibel levels were in the 30s and 40s. City Planner Neu stated the general plan noise element in residential areas is acceptable up to 60 decibels. He stated the measurements are at the property line of the project location. He stated 60 decibels would be the typical noise level of a large office, 50 decibels are a dishwasher running in the next room, or quiet urban daytime noise level. Chair Montgomery stated that this project is requiring a lower noise level then a residential area would. Commissioner Meenes stated he likes the aesthetics on the street side of the project. He also stated concern that stacking of vehicles waiting to enter the carwash may go out into the public right of way. He asked what the applicants plan is if that were to occur. Mr. Munoz stated that an onsite person, if need be, could close access to the site so that there would be no encroachment on to the sidewalk or Avenida Encinas. He stated that they would not have any problem having this added as a condition. Commissioner Anderson asked if any noise testing or studies from other car washes were done or available to support the 55-decibel level that was mentioned earlier. Mr. Munoz stated that all the equipment is standardized and that the noise level would be consistent. He stated the car wash expert was available to make comments as well. Planning Commission Minutes December 5, 2018 Page 15 Commissioner Anderson asked if Mr. Munoz could address the Average Daily Traffic (ADT). Mr. Munoz stated that the site is not vacant. It previously had a car dealership and auto repair facility. There will only be a net increase of 60 ADT. Commissioner Anderson asked if the additional traffic from Toyota was taken into account. Mr. Munoz stated that Toyota is part of the total of 660 ADT and due to the design of them having their own entrance into the carwash and out of the carwash, they will not be going out onto the street. Commissioner Segall asked if the intent of the applicant was to wash cars until 8 pm on Sundays . Mr. Munoz stated yes, that is their intent. Chair Montgomery asked if there were additional questions for the applicant. Seeing none, he asked if there were any members of the public who wished to speak on the project. Chair Montgomery stated there are several speaker cards. He stated there are 3 residents who are requesting to speak and several who have stated they are against the project via the speaker card. Ken Barnett, resident of Sola mar Mobile Estates, stated he is speaking in opposition of the project. He stated he is a retired teacher, previously served on two HOA boards, and that he was selected by the Sola mar HOA to be the liaison between Toyota and the HOA for the proposed project. He stated that the residents met with Toyota and the design team in August of 2017. During that meeting the residents voiced their concerns about the project such as traffic, lighting, noise, and the hours of operation. He stated that while he is in opposition of the proposed project, he has had good relations with the applicant. Bob Baker, resident of Solamar Mobile Estates, stated he understands the location of the community is affected by noise from trains, planes, and automobiles, however he enjoys the weekends when the noise level goes down some. He stated that his home stands to be influenced greatly by the noise level from the proposed carwash. He stated the potential noise barriers stand to create a tunnel affect and amplify the noise. He stated the carwash will increase traffic and potential criminal activity. He stated that he is concerned about traffic backing up on to Avenida Encinas. Pat Chapman, resident of Sola mar Mobile Estates and President of Solamar Home Owners Association, stated she is representing the Board of Directors and 83 people who signed a petition in opposition of the project. Ms. Chapman stated that the project is not desirable for the community and that there are already 6 existing car washes within a four-mile radius. She stated there is no evidence in the staff report that the project would provide an economic benefit to the Carlsbad community. She stated it would be logical for Toyota to put the carwash at their location on Cannon Road where the dealership is located. She stated the project design is not compatible nor consistent with the surrounding developments. She stated the hours of operation of 7 a.m. to 8 p.m. seven days a week is unacceptable for a residential, retirement community. She stated the carwash will negatively affect property values. She asked the commission to deny the request. Mike Hunter, resident, asked how many infractions before the Conditional Use Permit is rescinded. Chair Montgomery stated that questions will be answered later in the meeting. Planning Commission Minutes December 5, 2018 Page 16 Mike Hunter, resident stated that he is opposed to the project and would like the question about the Conditional Use Permit answered. Kim Page, resident, stated that echoes from across the train tracks come into the Sola mar neighborhood. She stated the hours of the noise from trains, and vehicles do not occur from 7 a.m. to 8 p.m. at night. Chair Montgomery asked if there were further members of the public who wished to speak on the project. Seeing none, he opened and closed public testimony. He thanked the public for coming out and supporting their opinions. Chair Montgomery asked if the applicant would like to respond to any of the points made. Mr. Eric Munoz stated the vacant building currently on the property does not fit in well with the community and it is an industrial zoned parcel. He stated that the tunnel was reoriented as a direct result of input from the Solamar HOA. He stated that Toyota is willing to show some flexibility with the hours of operation. He stated they are willing to change the hours of operation on Saturday to 8 a.m . to 7 p.m. and on Sunday to 9 a.m. to 7 p.m. Mr. Munoz stated the architect would like to speak about the design of the tunnel and the redesign exercise he went through. Mr. James Gartner, architect for the project, stated that the orientation of the tunnel was 100 percent because of the meeting with Sola mar HOA. Commissioner Anderson asked if the decibels were tested at all property boundaries or just at the street. Mr. Gartner stated he does not believe any testing was done at the north of the property line where the office buildings are. He stated it was mostly done near the tunnel as the further you move away from the tunnel the more the sound dissipates. He stated they have not been contacted by any of the office buildings to the north about the project. Commissioner Segall asked if the car will be coming out wet. Mr. Gartner stated that the length of the tunnel will make this carwash more efficient then what is currently available. He stated that 150 cars can go through this carwash in an hour. He stated it would be impossible to have a queue of cars that would spill out into the street. He stated the motor for the vacuum unit is housed in a separate building that you cannot hear. Commissioner Segall asked if the queue for Toyota will have priority over other cars. Mr. Gartner stated there is an automated mechanism that can detect which car is first. Chair Montgomery asked if there were any further questions for the applicant. Seeing none, he asked Senior Planner Goff if he could address any of the comments that were made during public testimony. Senior Planner Goff stated that the findings were stated clearly. He stated that the property is in an industrial zone and there are no development standards as it relates to design for this area. He stated that an extensive amount of landscaping while is not a requirement has been incorporated, to make the project more aesthetically pleasing. He stated the building was designed 100 percent with Solamar in mind, with consideration given to the appearance of the building and noise. He stated that the carwash is a better option for washing a car when it comes to water conversation. He stated there will be a Planning Commission Minutes December 5, 2018 Page 17 reduction of traffic due to Toyota having their own internal entrance and exit. He stated that the 60 ADT increase is not a significant impact to require any type of mitigation measures. Chair Montgomery asked if there is any future improvement plans for Avenida Encinas. Engineering Manager Geldert stated there are some conceptual plans however it would not increase the lanes. He stated that the capacity for Avenida Encinas is about 18,000 ADT, and that it currently is operating at about half that. Senior Planner Goff stated that he wanted to address Commissioner Anderson's question about the noise level to the office space to the north. He stated the noise levels measured at less than 45 decibels, which are well below the requirement. Commissioner Luna asked if someone on staff could address the member of public's question about the CUP infractions and what sort of remedial measures the city could take if there are some concerns. Senior Planner Goff stated the conditions of approval would require the planner to annually review the Conditional Use Permit. He stated that he looks at any code compliance complaints, or complaints that come directly to him, during that time period. Depending on the scale, immediate action can be taken. He stated that most are always compliant and very seldom are CUPs brought back to the Planning Commission. He stated in the 14 years he has been here, he cannot recall one that he had to rescind. Commissioner Segall asked City Planner Neu if he was aware of any issues from the carwash off of Poinsettia in the Ralph's shopping center where he recalled the public having similar issues that they are hearing now. City Planner Neu stated there is nothing that he can recall, not to say that there was never a complaint or anything. He stated that there is no set number of complaints or infractions for a Conditional Use Permit. He stated the first step would be to work with the applicant to remedy the issue. He stated as a last resort they would bring it back and ask the commission to recondition it or consider revoking it. He stated that possibility does exist with condition 12. Commissioner Segall asked about lighting, specifically spillage. Senior Planner Goff stated there is a standard lighting condition placed on the project. Chair Montgomery asked if the lights will significantly dim after business hours. Senior Planner Goff stated that they have not reached that level of detail in the project. Mr. Munoz stated yes, the lights will dim significantly after business hours. He stated there will be some lighting to deter any criminal activity. He stated they can make these details part of the operational condition. Commissioner Segall asked if they were consistent with the operational hours on this CUP compared to other CU P's with similar types of facilities. Senior Planner Goff stated they don't have a carwash to this level currently in the city and the one that is most similar closes earlier at 5 or 6 p.m. He stated others that he looked at outside of the city closed later at 9 p.m. Planning Commission Minutes December 5, 2018 Page 18 Chair Montgomery asked if any of the commissioners had questions about the hours of operation. Commissioner Anderson stated she thinks it is nice for the carwash to open later on the weekends. She stated she does not have concerns about 8 at night. Chair Montgomery asked if there were any concerns about the architecture. Commissioner Anderson asked where Toyota is currently washing their cars. Mr. Munoz stated in their current service facility they have a carwash. He stated they plan to demolish it and use the space for something else. Commissioner Anderson asked if the current Toyota carwash is using recycled water. Mr. Munoz stated probably not. He stated the new carwash will be an improvement to the water situation. PLANNING COMMISSION DISCUSSION: Chair Montgomery asked if the commissioners were in agreement with the condition that the cars queuing don't encroach in the right of way. Commissioner Meenes stated yes, he is in agreement. Commissioner Segall stated he supports the reduced hours of operation on the weekend. Commissioner Anderson stated that the carwash is necessary and desirable to Toyota and if the public does not use it, it will still be used by Toyota. She stated the queuing line is long and she has no problems with the design. Chair Montgomery asked if there was any further discussion, seeing none he stated he would entertain a motion. Commissioner Segall stated he understands the public's concern about something new in the neighborhood and that with the conditions in place he can support the project. MOTION: ACTION : Motion by Commissioner Anderson and duly seconded by Commissioner Meenes to Adopt Planning Commission Resolution No. 7316, APPROVING Eco Friendly Auto Spa CUP 2017-0009/CDP 2017-0049 (DEV2017-0010), based upon the findings and subject to the conditions contained therein. VOTE: AYES: NOES: 6-1 Chair Montgomery, Commissioners Anderson, Luna, Meenes, Merz, and Segall None ABSENT: Commissioner Geidner Planning Commission Minutes December 5, 2018 Page 19 Chair Montgomery closed the public hearing on Agenda Item 4. Chair Montgomery asked City Planner Neu to introduce Agenda Item 5. 5. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZENS ADVISORY COMMITTEE-Recommend a Planning Commissioner to be appointed by the City Council to serve on the Committee for a period of two years to help form financial recommendations regarding grant funding. City Planner Neu stated a nomination from the Planning Commission is needed for a Commissioner to serve on the Community Development Block Grant Citizens Advisory Committee. He stated it is a 2-year commitment. Commissioner Merz was recommended for appointment. PLANNING COMMISSION COMMENTS: Commissioner Anderson stated that tonight was a difficult meeting and she appreciates everyone coming together. Chair Montgomery stated there will be an election of a new Chair and Vice Chair at the next meeting. CITY PLANNER COMMENTS: City Planner Neu stated they are adjourned until January 16, 2019. CITY ATTORNEY COMMENTS: None ADJOURNMENT: The Regular Meeting of the Planning Commission of December 5, 2018 was adjourned at 10:06 p.m. Don Neu, City Planner Melissa Flores -Minutes Clerk