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HomeMy WebLinkAbout2020-09-16; Planning Commission; MinutesPLANNING COMMISSION Minutes Sept. 16, 2020 CALL TO ORDER: 3 p.m. City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: Anderson, Geidner, Lafferty, Luna, Meenes, Merz, and Stine APPROVAL OF MINUTES: Motion by Commissioner Meenes, seconded by Commissioner Lafferty, to approve the Aug. 19, 2020 meeting minutes as amended. Motion carried 7 /0. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: None PLANNING COMMISSION PUBLIC HEARING: 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. Chair Anderson opened the public hearing for Item 1. 1. CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02/EIR 2017- 0001 (DEV16038) -MARJA ACRES -Request for a recommendation of 1} certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and 2} approval of a Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Special Use Permit to develop a mixed-use project consisting of 248 towntiomes, 46 affordable senior apartments, and 10,000 square feet of specialty commercial uses on 20.65 acres at 4901 El Camino Real, generally located south of El Camino Real east of Kelly Drive, north of Park Drive, and west of West Ranch Street/Lisa Street, within 'the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. The project is within the appealable area of the California Coastal Commission. City Planner Neu introduced Agenda Item 1 and stated Principal Planner Delcamp would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioners Stine, Meenes, Merz, Lafferty, Geidner, Anderson, and Luna disclosed they have driven by and or walked the site. STAFF PRESENTATION & QUESTIONS: Principal Planner Delcamp gave a presentation (on file in the Planning Division} and referenced an errata with corrections to the staff report and resolution. Commissioner Stine asked for additional information about the connectivity of the project that was originally proposed as well as the two ways in and out of the development. Planning Commission Minutes Sept. 16, 2020 Page2 Principal Planner Delcamp stated that the original 2016 plan proposal included a pedestrian pathway connecting to the neighborhood south of the project. However, neighbors to the south were concerned with overflow parking from Marja Acres residents and opposed the original design. Additionally, city staff did not accept accessory dwelling units as part of the affordable housing requirement and the project was changed. The pathway was eliminated in the redesign. Commissioner Meenes stated he would like to see the proposed bus infrastructure enhanced. He suggested a shade over the bench. Commissioner Lafferty shared concerns about the number of waivers being requested. She asked if there was a cap and if any can be rejected. Principal Planner Delcamp stated that per state density bonus law there is no limit to the number of waivers that can be requested. The only way to reject them is if they do not meet the criteria stated in the staff report. Commissioner Lafferty stated that to her understanding, the project does not meet El Camino Real Corridor standards for grading, setbacks, roof equipment and is concerned about substandard sidewalks for such a large development. Commissioner Lafferty asked for a definition of an infill site. Principal Planner Delcamp stated that an infill site is a site that is surrounded by existing development. She added that the project meets the criteria for the density bonus and the waivers. Commissioner Geidner asked if the Department of Toxic Substances Control (DTSC) reviewed the project . or if staff consulted with DTSC about environmental testing. Principal Planner Delcamp stated that she cannot confirm if the EIR was sent to the DTSC by the State Clearinghouse without checking the file, and staff is not required to coordinate with DTSC. Chair Anderson asked why the ADT's were revised and how that impacts the EIR. Engineering Manager Geldert stated that the EIR or transportation impacts are not affected as they are modeled on site and land use. ADT is only used for possible methodology in VMT analysis. The revisions are a result of TIA guideline updates and the project needed to be updated to those current standards. APPLICANT PRESENTATION & QUESTIONS: Applicant, Jonathan Frankel of New Urban West gave a presentation. PUBLIC TESTIMONY: Chair Anderson asked if there were any members of the public who wished to speak cfri the project. She opened public testimony at 4:27 pm. Bret Chasenbach, CEO of the Carlsbad Chamber of Commerce, residents Erin Kelley and Leticia and Tom Almaguer submitted comments in support of Marja Acres as Carlsbad is in need of affordable housing for local employees and senior communities. They also stated that the development will help create more diverse communities within the city. Resident Tracy Seemann submitted comments stating that she worked with the developer to address and mitigate privacy concerns. She confirms that she supports the project if the following agreements are kept by the developer and listed the removal of the walkway connecting Marja Acres and Park Drive, removal of rooftop decks from units nearest existing neighbors, building a 6 ft. masonry wall, ensuring two car Planning Commission Minutes Sept. 16, 2020 Page 3 garages are available for parking, lowering grading to reduce visual impacts of townhouses, and incorporating neighbor preferences in landscaping around shared borders. She also requested that the city discourage short term rentals. Resident Curtis Wayne, and Sarah Benson, Executive Director of The Foundation for Senior Wellbeing submitted comments in support of the development offering affordable housing for seniors. Resident Susan Blocsh submitted comments concerning the quality of soils to be disturbed during the construction process. She asked whether shallow soil sampling is sufficient and if deeper soil sampling will reveal more chemicals? She asked how dust will be mitigated during project construction. She commented on the parking plans of the project with concern that overflow parking will occur. She also requested that the speed limit on El Camino Real be reduced. \ Residents Katherine Fellows, Lela Panagides, Kristine Wright, Vickey Syage, Hope and Vince Nelson, and Diane Bedrosian submitted comments concerning increased traffic congestion as a result of .the project noting that it is also a safety hazard in the event of evacuations. They stated that there are not enough affordable housing units or parking spacse, VMT analysis should not have been allowed, fire lane requirements will cause illegal parking, and that the project is not near public transportation. They requested that a double left turn lane be created on Kelly Street and that a Transportation Coordinator be appointed by the HOA. Resident Steven Ahlquist submitted comments in support of Marja Acres for working to provide affordable housing units as many seniors and local workers cannot afford to live within the city. He stated that the development will be the first to offer free transit to residents and supports the effort to reduce commutes and traffic within the city as it will help reduce carbon footprints. Catherine Ferguson, Vice President and Cofounder of the North County YIMBY Group commented in support of Marja Acres as the region is in a housing crisis and the project will help Carlsbad meet its required RHNA allocation. She stated that the project will create housing diversity and give seniors the opportunity to maintain independent lifestyles longer. She stated that neighbors oppose the development as the value of their homes will be devalued and less wealthy residents will move in. She stated that the site has been slated for dense housing in the General Plan and not building housing on such a site will be in violation of the General Plan and several state housing laws. Erik Bruvold on behalf of San Diego North Economic Development Council submitted comments in support of Marja Acres as Carlsbad has added more employment opportunities than housing opportunities which is not sustainable. He stated that rising home prices strains the local economy as workers are displaced to Southern Riverside County. He stated that these longer commutes outside the city increase traffic and create more vehicle emissions. Marja Acres addresses these issues by providing affordable housing, an urban farm, and free transit close to the thousands of jobs within the city. Residents Jason and Samantha Castagna and Blake Boyer submitted comments confirming that New Urban West agreed roof balconies would not be included in units adjacent to existing homes, short-term rentals would not be permitted, first level market rate townhomes will not be rented or divided as living units, two car garage parking cannot be opened as carports, and that a 6 ft. masonry wall will be built. Additionally, residents requested that the 6ft. masonry wall be built before construction of the project begins. Resident Gregory J. Corso submitted comments concerning the creation of light pollution and noise from residents with roof top decks. He stated that El Camino Real will be further congested with traffic. Planning Commission Minutes Sept. 16, 2020 Page4 Resident Barbara Campbell submitted comments concerning fugitive dust during project construction and how it will be mitigated in accordance with the EIR. She asked what the timeline will be for the 6 ft. masonry wall to be built noting the wall should be a top priority to protect neighbors from dust, noise and other pollutants during construction. Resident Susan Igoe submitted comments in request of a citizens review board so that all neighbors can be represented in project developments. Residents Jennifer Rich and Greg Funderburk submitted comments concerning Marja Acres not meeting environmental conditions. They stated that there has been insufficient soil testing and sampling as samples were not taken in known pesticide and contaminated areas. They state that further investigation is warranted as there is a possibility of release of hazardous materials during construction. Diane Nygaard, of Preserve Calavera, submitted comments concerning four key mitigation measures for GHG that are not properly addressed in the EIR MMRP. She stated that ridesharing, subsidized transit passes, commute trip reduction, and planting of trees are only verified once. She requested that language in the Mitigation Monitoring and Reporting Program be revised to ensure measures are maintained for the life of the project. Steve Linke, resident and City · of Carlsbad Traffic · and Mobility Commissioner submitted comments requesting both resolutions be rejected due to inadequacies in traffic-based findings and lack of transparent public review process. He stated that the developer was given exclusive early access to the VMT rule when the draft method was incomplete and not publicly reviewed. He stated that the VMT mitigation plan is inadequate and relies on developments not controlled by Marja Acres developers. He stated that a reduction of the project's predicted new trips corrupts all LOS and intersection analysis. He stated that the LMA and its mitigation plan should be revised. Chair Anderson asked if there were any additional members of the public who wished to speak on the project. Seeing none, she closed public testimony at 5:33 p.m. APPLICANT QUESTIONS: Chair Anderson asked the applicant for feedback on the public comments. Mr. Frankel stated the masonry wall will be built prior to vertical construction, and dust mitigation during grading will be done with barriers and regular site watering. He stated dust barriers will be included in the grading plan submitted to the city. He stated they do not intend to utilize the units as short-term rentals and has no issue adding the condition to the CC&RS. He stated residents will be required to use their garages for parking and guest parking was added to maximize parking. Chair Anderson asked if overnight guest parking conditions will be enforced. Mr. Frankel stated guest parking will be enforced to be used as such. He addressed the comments about .GHG monitoring stating that it is required and data will be provided to the city. He stated If the city determines modifications to GHG measures are needed, they will make them. Commissioner Stine asked for additional information regarding evacuations in the event of an emergency. Principal Planner Delcamp stated that the Fire Marshall confirmed the project is adequate as presented and will not conflict with the city's Emergency Evacuation Plan. Commissioner Stine asked the applicant to address the concern presented about light pollution. Planning Commission Minutes Sept. 16, 2020 · Mr. Frankel stated that dark light standards for lighting are proposed in the project. Principal Planner Delcamp stated that plan check will include review of lighting. Page 5 Chair Anderson requested staff address public comment concerns with bus routes and the left turn lane onto Kelly Drive. Engineering Manager Geldert stated that the bench and trash receptacle to be added to the existing bus (the other existing bus stop already has these improvements) will satisfy transit requirements. He stated the left turn onto Kelly Drive was analyzed per TIA guidelines and was deemed adequate. He stated that 2 turn lanes can't go into only one receiving lane on Kelly Drive. He stated the project has undergone multiple transportation analyses and is consistent with all current guidelines. Commissioner Geidner asked why DTSC guidance was not followed in soil samples and that samples weren't taken in known contaminated areas. Mr. Frankel stated that the developer relies on experts to conduct testing and the report was prepared by a qualified senior scientist and was done in accordance with all required standards. Chair Anderson asked a series of questions to try to better understand grading, slopes, and pedestrian pathways. Mr. Frankel stated that ADA paths of travel are available and they would be happy to look at additional pathways. Commissioner Geidner stated the commercial area seems like three islands. She noted that the pedestrian route from the senior housing to retail is through a parking lot and that pedestrian and bike access from El Camino Real to the commercial area was not direct so this makes the project not as walkable as it could be. Can you address why you made some of these decisions? Mr. Frankel stated that they did not agree the project was three islands and felt it was well connected. He also stated they could look at improvements to pedestrian circulation. Commissioner Geidner asked if there was some requirement for two entrances because this took up a lot of land. Principal Planner Delcamp stated that the project cannot be reduced from two to one vehicular access way because it does not meet fire requirements. Commissioner Luna stated she is not comfortable making any design changes and is ready to move on to a vote on the project. Assistant City Attorney Kemp stated any changes offered by commissioners will need to be voted on by the commission keeping in mind that the project cannot be denied unless the commission finds that there is an existing written objective public health and safety standard with which the project does not comply Commissioner Merz and Stine both stated support for the project as is and are ready to vote on the project. Planning Commission Minutes Sept. 16, 2020 Page 6 Commissioner Geidner stated she would like to see a condition added requiring developers to confer with DTSC before the project starts. The commission agreed to move on with a vote on the project without adding any additional conditions. Heather Riley, attorney for the applicant, added that soil sample concerns were addressed according to DTSC requirements by the consultant who conducted the study for the EIR. COMMISSION DISCUSSION: Motion by commissioner Geidner and seconded by Commissioner Stine to extend the meeting by 15 minutes, motion carried, 6/1 (Commissioner Meenes abstained.) Chair Anderson commented that the proposed senior housing is adequately sized and is delighted that the project meets that need and supports the project. Commissioner Stine stated support for the project. He stated that though many people are unhappy with the project, it has strong support from many businesses and residents in Carlsbad as Marja Acres helps to address the housing crisis. ACTION: Motion by Commissioner Stine, seconded by Commissioner Meenes to adopt Resolution No. 7381 and Resolution No. 7382, as amended to include the changes listed in the errata sheet, motion carried, 7 /0. PLANNING COMMISSION REPORTS/COMMENTS: Chair Anderson shared her appreciation of first responders and those who risked their lives on Sept. 11, 2001. CITY PLANNER REPORTS: None. CITY ATTORNEY REPORTS: None. ADJOURNMENT: Chair Anderson adjourned the duly noticed meeting at 7:21 p.m.