HomeMy WebLinkAbout2021-06-16; Planning Commission; MinutesPLANNING COMMISSION
June 16, 2021
CALL TO ORDER: 3 p.m.
City Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ROLL CALL: Kamenjarin, Lafferty, Meenes, Merz, Sabellico, and Stine
Commissioner Luna absent
APPROVAL OF MINUTES:
Motion by Commissioner Kamenjarin, seconded by Commissioner Stine, to approve the May 19, 2021 .
meeting minutes. Motion passed 6/0/1/ (Commissioner Luna absent)
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA:
None
PLANNING COMMISSION PUBLIC HEARING:
Chair Meenes 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 Meenes opened the public hearing for Item 1.
1. CUP 2020-0008 (DEV2020-0225) -BMW ANCILLARY FACILITIES -Request for approval of a
Conditional Use Permit to allow the change of use of three existing vacant automobile dealership
buildings from automobile dealership use to auto repair and auto rental and leasing uses, located
on two properties totaling 4.67 acres at 5215 and 5245 Car Country Drive, within the Car Country
Carlsbad Specific Plan (SP-19(J)), the Mello II Segment of the Local Coastal Program and Local
Facilities Management Zone 3. The project site is not located within the appealable area of the
California Coastal Commission. The City Planner has determined that this project belongs to a class
of projects that the State Secretary fo_r Resources has found do not have a significant impact on the
environment and is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to section 15301 -Existing Facilities of the state CEQA
guidelines.
City Planner Neu introduced Agenda Item 1 and stated Associate Planner Danna would make the staff
presentation (on file in the Planning Division).
DISCLOSURES:
Commissioners Sabellico, Merz, Stine, Kamenjarin and Meenes, disclosed visiting the site.
Commissioner Lafferty disclosed visiting the site and having viewed the car country specific plan.
Associate Planner Danna gave the staff presentation.
STAFF QUESTIONS
Commissioner Stine asked for staff to respond to a public comment submitted in regard to environmental
and climate change issues.
Planning Commission Minutes June 16, 2021 Page2
Associate Planner Danna responded that the project is subject to and meets the requirements of the city's
climate action plan. He noted that some environmental requirements will be addressed at the building
permit level and that since it is an existing building, some environmental requirements are not triggered.
Commissioner Lafferty asked how converting the existing buildings from retail sales to repair and office is
consistent with the car country plan.
Associate Planner Danna responded that the specific plan allows for automobile dealership related use,
such as automobile rental, and service & repair. Whenever a proposed use does not include automobile
sale, the specific plan requires approval of a Conditional Use Permit. He added that if this project included
the sales component of cars, it would not be looked at with the requirements of a Conditional Use Permit.
Chair Meenes noted the specific plan states that if a dealership becomes available for the site, uses
identified in section C of car country shall be abated so that a new dealership may be the primary use of
the site. He asked City Planner Neu for clarification of this process.
City Planner Neu responded that th.e car country plan is structured for the primary use to be an auto
dealership with sales. However, there is a provision allowing Conditional Use Permits to be issued for
support/service functions without new car sales if there isn't a dealership to occupy the lot. He added that
this project is not requesting a variance as a variance is not considered for use, rather for development
standards. In this case, a conditional use is being requested for consideration as tn'e project has to meet
certain findings to be conditionally permitted.
Commissioner Merz noted that if this project were on the same parcel as the BMW dealership approved
in March than a Conditional Use Permit wouldn't be necessary.
Commissioner Stine asked for a comparison of traffic impacts between sites with auto sales use vs.
ancillary use.
Engineering Manager Geldert responded that a traffic study was previously prepared for the site but as
this is a new project that study is no longer applicable. However, this project has a negative traffic
generation, having decreased from the traffic generation determined with the previous use. He added
that traffic generation studies are similar between sites with car sales use vs. ancillary use.
PUBLIC TESTIMONY
Chair Meenes asked if there were any members of the public who wished to speak on the project. He
opened public testimony at 3:40 pm.
Steve Linke, City of Carlsbad Traffic and Mobility Commissioner, commenting as an individual submitted
comments stating that the Planning Commission should not approve the project. He stated that the project
needs to be considered with the previously approved portion of the project and as such it is not eligible for
CEQA exemption. Additionally, Carlsbad's TIA guidelines require traffic assessments to be done for the last
2 years but the applicant is relying on traffic for businesses that have not existed on the site for over 5 _
years. Lastly, the traffic study claims that transit level of services does not need to be evaluated but TIA
guidelines are clear that an evaluation is necessary.
Chair Meenes asked if there were any additional members of the public who wished to speak on the
project, seeing none, he closed public testimony at 3:43 p.m.
Roman Lopez, Traffic Planner on behalf of Linscott Law & Greenspan Engineers responded to public
comments stating the 2-year traffic assessment period only applies_if a traffic analysis is required. As the
previous use of the site is the same as the proposed use in this project, a traffic analysis is not required.
Planning Commission Minutes June 16, 2021 Page 3
COMMISSION DISCUSSION
Commissioner Stine commented that the City Planner's CEQA exemption determination is not before the
commission. Additionally, as this project is an ancillary use for the previously approved BMW dealership,
it makes sense to move forward with the Conditional Use Permit.
Chair Meenes commented that this particular site has been vacant for a number of years without a
dealership stepping in for use of the property. He noted that there is the possibility for car sales to become
the primary use of the site if a dealership comes along in the future. He is in agreement regarding the
CEQA exemption and added that the Enterprise Rental across the street may use this new facility to
accommodate their needs as well.
Commissioner Lafferty asked whether the Traffic and Mobility Commission weighed in this development.
City Planner Neu responded that the Traffic and Mobility Commission did not as they don't have a
responsibility to review traffic studies for development projects.
Commissioners Lafferty and Sabellico expressed concern that this project was separated from the
previously approved BMW dealership. Commissioner Sabellico would like to see further CEQA
consideration for the project.
ACTION:
Motion by Commissioner Stine, seconded by Commissioner Merz, to adopt Resolution No. 7417. Motion
carried, 6/0/1 (Commissioner Luna absent).
PLANNING COMMISSION REPORTS/COMMENTS:
Commissioner Stine noted an article published in the Wall Street Journal about built-to-rent subdivisions
in suburban cities and suggested the commission discuss the article.
Commissioner Lafferty stated that the next historic preservation meeting will take place July 12, 2021. She
added that SAN DAG will be holding a series of virtual open houses to discuss the 2021 regional plan.
CITY PLANNER REPORTS:
City Planner Neu commented that the state's review of the housing element is still pending.
CITY ATTORNEY REPORTS:
None
ADJOURNMENT:
Chair Meenes adjourned the duly noticed meeting at 4:02 p.m.
Corina Flores -Minutes Clerk