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HomeMy WebLinkAbout2019-06-19; Planning Commission; MinutesPLANNING COMMISSION Wednesday, June 19, 2019 ~ity Council Chamber 1200 Carlsbad Vill age Drive Carlsbad, CA 92008 CALL TO ORDER: Chair Luna called the Regular Meeting to order at 6:00 p.m. ROLL CALL: Chair Luna, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine Commissioner Anderson absent STAFF PRESENT: Assistant City Attorney Kemp, Principal Planner Delcamp, Associate Planner Harker, Associate Planner Danna, Senior Planner Goff, Acting Senior Engineer Carroll, and Administrative Secretary Flores PLEDGE OF ALLEGIANCE: Commissioner Geidner led the Pledge of Allegiance APPROVAL OF MINUTES: Minutes of the Regular Meeting held May 15, 2019 were approved, as amended, 5-0-2 (Commissioner Stine abstained, Commissioner Anderson absent). Chair Luna 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: David Hill, Batiquitos Lagoon Foundation, resident of Encinitas Ca, stated the Carlsbad Watershed Management Area Water Quality Improvement Plan does not discuss the Batiquitos Lagoon as being an impaired body of water. He stated he would like to see The Water Quality Improvement Program document to list Batiquitos Lagoon as an impaired body of water in accordance with the State of California Water Resources Control Board. Fred Sandquist, Batiquitos Lagoon Foundation, resident of Carlsbad Ca, stated the Carlsbad Watershed Management Area Water Quality Improvement Plan needs to be updated so the Batiquitos Lagoon is listed as an impaired body of water, which it is. The update would require City of Encinitas projects on the lagoon to address water quality impacts on Carlsbad. CONSENT CALENDAR: Principal Planner Delcamp stated Agenda Item 2 would normally be heard in a public hearing context; however, the project appears to minor and routine in nature with no outstanding issues and staff is recommending approval. She 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 Luna asked if any members ofthe Planning Commission wished to pull the item listed. Seeing none, she asked if any members of the public wished to speak on the item listed. Seeing none, she opened and closed public testimony on item 2. Planning Commission Minutes June 19, 2019 Page2 2. RP 2018-0013/CDP 2018-0050 (DEV2017-0020) -FRESCO RESTAURANT -Request for a recommendation of approval of a Minor Review Permit and Coastal Development Permit to allow a second-story addition to an existing restaurant consisting of a 1,620-square-foot outdoor dining area and a 467-square-foot enclosed area containing restrooms, storage and food preparation areas. The existing restaurant is located at 264 Carlsbad Village Drive in Land Use District 9 of the Village Master Plan and Design Manual, the Village Segment of the Local Costal 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 15301-Existing Facilities of the State CEQA Guidelines and will not have any adverse significant impact on the environment. MOTION: ACTION: Motion by Chair Luna and duly seconded by Commissioner Meenes to Adopt Planning Commission Resolution No. 7336 RECOMMENDING APPROVAL of a Minor Review Permit and Coastal Development Permit, based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 ' AYES: Chair Luna, Commissioners Geidner, Meenes, Merz, Lafferty, and Stine NOES: ABSENT: Commissioner Anderson PLANNING COMMISSION PUBLIC HEARING: Chair Luna opened the public hearing for Item 1. 1. SDP 2019-0002/CUP 2018-0021 (DEV2018-0196)-PURE PROJECT BREWERY AND TASTING ROOM -Request for a recommendation of approval of a Minor Site Development Plan and Conditional Use Permit for a 2,206-square-foot brewery and tasting room and the purchase of one (1) parking in- lieu fee. The site is located at 2825 State Street in the Village Center (VC} District of the Village and Barrio Master Plan 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 15303 (New Construction or Conversion of Small Structures) of the State CEQA guidelines. Principal Planner Delcamp introduced Agenda Item 1 and stated Associate Planner Harker would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Stine stated he walked by the site. Commissioner Meenes stated he walked by the site. Commissioner Merz stated he drove by the site. Commissioner Lafferty stated she walked by the site. Planning Commission Minutes June 19, 2019 Page 3 Commissioner Geidner stated she walked by the site a number of times and drove by aga in this afternoon. Chair Luna stated she walked by the site. Associate Planner Harker gave the staff presentation. Chair Luna asked if any letters were received in relation to the project. Associate Planner Harker stated yes, she has received a number of letters of support for the project that have been circulated to the Planning Commission. Commissioner Stine asked if the Police Department has reviewed the project and did they have any comments. Associate Planner Harker stated yes, the Police Department reviewed the project and approved it. She stated they had no concerns with respect to the project. Commissioner Meenes asked if the Fire Department reviewed the project and will there be ingress/egress in the outdoor patio area. Associate Planner Harker stated yes, the Fire Department did review the project and stated she would need to review the floor plan to answer the question about the ingress/egress on the patio. Chair Luna asked if there were additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bill Hofman, Hofman Planning and Engineering made the presentation and stated he would be available to answer questions. He stated there will be ingress/egress gate in the fencing around the outdoor patio. Matt Robar, co-owner of Pure Project, made a presentation and stated he would be available to answer questions. Comm issioner Meenes asked what kind of outreach was conducted in the area where the project will be located. Mr. Robar stated they reached out to local business owners to walk them through their process and how the project will benefit the area. Commissioner Stine asked what the process and procedure is to prevent people from walking outside the business with alcohol. Mr. Robar stated the outdoor patio is fenced in and they place staff near the exits. He stated they have had success at their current location in San Diego using this procedure. Commissioner Lafferty asked if rooftop equipment will be screened since it was not showing up on the drawing. Andy McCabe, architect, stated they will indeed screen any new rooftop equipment. Planning Commission Minutes June 19, 2019 Page4 Commissioner Lafferty stated the presentation is white but the building is black. She asked what the reason for that was. Mr. Robar stated white is one of their colorways, the other is black. He stated he feels black is a high end color and makes things pop out against it. Commissioner Lafferty stated she is concerned with the color and thinks it is too dark. She asked if the applicant has considered placing the transformer underground to open up the corner facing the transit station to engage with the station more. Mr. Robar stated he would defer the transformer question to the contractor. He stated they plan to open up the back of the building to create an open look to the corner and will place landscaping around the transformer in addition to bike parking. Nathan Sharpe, contractor, stated the transformer is part of a new electrical service that his company installed for Handel's Ice Cream shop next door. He stated an underground vault would take up quite a bit more space and logistically, it would not fit there. He stated that it is the only feasible location to provide power to the building. Commissioner Lafferty stated it is disappointing and she would like to see the corner more animated as it faces the transit station and is the first thing people see when coming into the city from the train. Chair Luna 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. Principal Planner Delcamp stated she had three speakers who would like to speak on the project. PUBLIC COMMENTS John Resnick, owner of two restaurants in Carlsbad, stated he was here tonight to express his support for Pure Project. Christine Davis, Carlsbad Village Association, Carlsbad Ca, stated she thinks the project is exactly what the Village needs. She stated she supports the project. Chancelor Shay, Carlsbad Ca, stated he thinks Pure Project is utilizing the space nicely and strongly encourages the Planning Commission to recommend approval to the City Council. Chair Luna asked if there was anyone else who would like to speak on the project. Seeing none she closed public testimony. PLANNING COMMISSION DISCUSSION: Mr. Hofman stated they don't like the transformer location either, however that is where SDG&E dictated that it be located. He stated they can do landscape and/or a decorative wrap or painting to improve the appearance. Commissioner Lafferty asked for additional information on the SDG&E process. She asked if there is any other way to mitigate some of the parking and the location of the transformer to make the area more of a gateway into the city. She stated she is concerned that shielding the transformer does not make the area pedestrian friendly. Planning Commission Minutes June 19, 2019 Page 5 Associate Planner Harker stated from the perspective of staff, the applicant is proposing to do as much as can be done. She stated staff is not supportive of the removal of an existing parking stall and the relocation of a transformer that has very recently been installed at a significant cost. Commissioner Merz stated he is impressed with the design and supports the project. Commissioner Geidner stated she thinks the project is nicely designed and supports the project. Commissioner Stine stated his concern was the potential impacts of people drinking. Those concerns have been addressed and he supports the project. Commissioner Meenes asked Associate Planner Harker to discuss the ingress/egress in the patio area with the Fire Department. Chair Luna stated the applicant has done a commendable job and supports the project. MOTION: ACTION: Motion by Commissioner Meenes and duly seconded by Commissioner Stine to Adopt Planning Commission Resolution No. 7335 RECOMMENDING APPROVAL of a Minor Site Development Plan and Conditional Use Permit, based upon the findings and subject to the conditions contained therein. VOTE: 5-1-1 AYES: Chair Luna, Commissioners Geidner, Meenes, Merz, and Stine NOES: Commissioner Lafferty ABSENT: Commissioner Anderson Chair Luna closed the public hearing on Agenda Item 1. Chair Luna opened the public hearing on Agenda Item 3. 3. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT-Request for a recommendation of adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the land use on a 5.4-acre portion of a 21.9-acre property from R-1.5 Residential to R-4 Residential and to change the zoning from One-Family Residential (R-1-30,000) to One-Family Residential (R-1); and a recommendation of approval for a Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and development of 18 lots (13 single-family residential, one private street, and four open space) on a 21.9-acre previously subdivided property generally located south of the terminus ofTwain Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 8. The project is not located within the appealable area of the California Coastal Commission. Principal Planner Delcamp introduced Agenda Item 3 and stated Senior Planner Goff would make the staff presentation (on file in the Planning Division). Planning Commission Minutes June 19, 2019 Page 6 DISCLOSURES: Commissioner Stine stated he drove by the site. Commissioner Lafferty stated she walked the site on the park side and drove by. Commissioner Merz stated he drove by the site. Commissioner Meenes stated he drove by the site. Commissioner Geidner stated she has driven by the site a few times and walked from the park side. Chair Luna stated she drove by the site. Senior Planner Goff gave the staff presentation. Chair Luna asked if there have been any letters received on the project. Senior Planner Goff stated there have not been any letters received recently. Commissioner Meenes asked for additional information on the affordable aspect of the project. Senior Planner Goff stated this phase of the project is only subdividing land and there has not been a developer identified. He stated the affordable unit may be on site or the applicant may choose to purchase credits that would go towards an affordable housing project off site. He stated the affordable aspect is not fully known as of yet. Commissioner Stine asked how this project compares to the previous project that was approved in relation to fire protection. Senior Planner Goff stated both projects would be required to provide a 60-foot fire suppression zone and both meet that requirement. Principal Planner Delcamp added the proposed project envelope is a little further away from the open space. She stated there are additional conditions of approval within the CC&Rs that address fire protection. She stated the footprint of the homes are unknown at this point but once that is determined detailed plans will be reviewed by Fire Prevention. Commissioner Meenes asked if the applicant would construct the trail. Senior Planner Goff stated yes, the applicant would construct the trail. Commissioner Geidner asked if fire mitigation is currently conditioned to be part of the CC&Rs. · Senior Planner Goff stated no, it is not currently conditioned however the current landscape plans do mention annual brush removal. Commissioner Geidner asked for additional information on what mitigation, related to CEQA, occurred for the proposed project. Planning Commission Minutes June 19, 2019 Page 7 Senior Planner Goff stated this project has a 2-to-1 impact mitigation requirement and a no net loss of native vegetation requirement. He stated there are three locations in the city that the applicant will be securing to fulfill the requirements. He stated the applicant will be putting up an endowment for the management of the open space identified. Commissioner Lafferty asked if there will be park access from the trail the applicant will be constructing. Senior Planner Goff stated yes, the constructed trail will connect to Veterans Memorial Park. Chair Luna asked if there were additional questions of staff. Seeing none, she asked if the applicant would like to make a presentation. Bill Hofman, Hofman Planning and Engineering, Carlsbad Ca, made the presentation and stated he would be available to answer questions. Gail Hynek property owner, Gilroy Ca, thanked staff for the work they have done over the years on the project. Jim Whalen, Mission Valley Ca, made a presentation on behalf of the applicant and stated he would be available to answer questions. Commissioner Geidner asked if there was any feedback from the story poles. Mr. Whalen stated yes, there was feedback from the neighbors and they were unable to come to a consensus. Commissioner Lafferty stated the project could build up to 15 lots and they are proposing 13. She asked why they chose the lower amount. Mr. Whalen stated that 13 allows for a better design. Commissioner Merz asked what the cost of the mitigation of habitat will be to the applicant. Mr. Whalen stated it is high. He stated he is unsure of the exact figure. Commissioner Geidner asked if the trail will be maintained by the applicant once it is built. Mr. Whalen stated yes, it will be included as a condition in the CC&Rs. Chair Luna asked if the trail the applicant is building will become part of the trails master plan once completed. Senior Planner Goff stated yes, it is part of the trail master plan. Chair Luna 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. Principal Planner Delcamp stated she had three speakers who would like to speak on the project. PUBLIC COMMENTS Planning Commission Minutes June 19, 2019 Page 8 Rastgo Shali, Carlsbad Ca, adjacent resident since 2004 of proposed project, stated he is concerned that there will be four homes uphill looking down on his home. He stated he is concerned about his privacy. He stated the previously approved project was only five homes and he would only be exposed to one. He stated he has not seen the applicant do any habitat management or fire suppression management in the last 14 years he has lived there. He stated he wishes the best for the applicant; however, the proposed project has now changed and he is opposed to the changes. He stated the applicant did reach out to him and they could not come to a consensus. He stated he would like the applicant to consider his privacy by scaling the project back. Julie Han, Carlsbad Ca, is speaking in support of the project. She stated she is a real estate agent in the area and there is a large demand for properties with a view. Alexandra Aram, Carlsbad Ca, adjacent resident to the proposed project. She stated 13 lots are too much for the community and she is concerned about privacy. She stated in 2013, and again in 2015, the community started a petition to oppose the possible proposed land use. She stated she has not heard from the applicant since 2017. She stated they were in support of the previous project of five homes. Fred Sandquist, Carlsbad Ca, stated he supports the project from the mitigation standpoint. David Hill, Batiquitos Lagoon Foundation Board member, Encinitas Ca, stated he supports the project due to the sustainability and mitigation. Mehran Aram, Carlsbad Ca, adjacent resident to the proposed project, stated he purchased his home after researching the previously approved project and the impacts to his property. He stated the proposed project will impact his view, thus impacting the value of his home. He stated the project has changed and has suggested to the applicant that they change some of the lots to one-story homes and eliminate one lot. He stated the applicant has not taken the neighbor's concerns into consideration. Chair Luna asked if there was anyone else who would like to speak on the project. Seeing none she closed public testimony. PLANNING COMMISSION DISCUSSION: Mr. Whalen stated when the neighbors hired a lawyer the dynamics of the discussions changed. He stated whether there are five or 13 homes built, the view could be blocked either way. He stated they tried to mitigate blocking views to the best of their ability, however to his knowledge Carlsbad does not protect private views. He stated they are more than willing to plant landscaping to act as a buffer and mitigate the privacy concerns. Mr. Hofman stated the lot has always been slated for development, he stated the proposed project is much more compatible with the neighborhood. He stated he does understand the neighbors' concerns however the applicant has a right to develop the property. Commissioner Lafferty asked if the lots will be sold individually with unique homes or will they be developer homes. Mr. Whalen stated it could be either at this point. Commissioner Lafferty asked what the maximum height will be once rezoned. Planning Commission Minutes June 19, 2019 Page 9 Senior Planner Goff stated Rl is 30 feet. Commissioner Stine stated he feels the applicant is trying to be extremely conscientious abo.ut the project in relation to the existing neighborhood. He stated he understands the concerns of the neighbors. He stated there is not a view protection ordinance in the City of Carlsbad. He stated the new project seems to be very compatible with what is on Twain Avenue now. He stated he is concerned about fire protection and he feels this project does increase the fire protection in comparison to the previously approved project. He stated overall, he can support the project. Commissioner Geidner stated she would like to add a condition that states the HOA is responsible each year for brush management. Senior Planner Goff stated he would add language to the resolution that would cover brush management performance annually, prior to the start of fire season. MOTION: ACTION: Motion by Commissioner Merz and duly seconded by Commissioner Stine to Adopt Planning Commission Resolution No. 7337, 7338, and 7339 RECOMMENDING APPROVAL of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment, based upon the findings and subject to the conditions contained therein as revised to require annual brush management performance prior to the start of fire season. VOTE: AYES: NOES: 6-0-1 Chair Luna, Commissioners Geidner, Meenes, Merz, Lafferty and Stine None ABSENT: Commissioner Anderson Chair Luna closed the public hearing on Agenda Item 3. PLANNING COMMISSION REPORTS: Commissioner Stine thanked staff for arranging tours of the desalination plant and the power plant. Commissioner Lafferty stated she provided a news article highlighting inclusionary housing and would like the city to consider talking about a higher in lieu fee. CITY PLANNER REPORTS: Principal Planner Delcamp stated the July 3, 2019 Planning Commission meeting will be cancelled. The next meeting will be held on July 17, 2019. She stated the appeal for Romeria Point Apartments was heard Planning· Commission Minutes June 19, 2019 Page 10 by the City Council and they voted to remand the project to the Planning Commission for further consideration, with a focused Environmental Impact Report. CITY ATTORNEY REPORTS: Assistant City Attorney Kemp stated the Romeria Point Apartments project has been remanded back to the Planning Commission. The approval is on hold pending further environmental review as per the City Council. Once the review is done the results will come back to the Planning Commission to decide on whether to uphold the approval or vote otherwise. ADJOURNMENT: The Regular Meeting of the Planning Commission of June 19, 2019 was adjourned at 9:07 p.m. z~-~- Teri Delcamp -Principal Planner Melissa Flores-Minutes Clerk