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HomeMy WebLinkAbout2022-09-21; Planning Commission; Minutes City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Sept. 21, 2022 Amended Minutes CALL TO ORDER: 5:01 p.m. ROLL CALL: Commissioners Kamenjarin, Lafferty, Luna, Meenes, Merz, and Sabellico Commissioners Stine abstained PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance APPROVAL OF MINUTES: Motion by Commissioner Meenes, seconded by Commissioner Kamenjarin, to approve as amended the August 17, 2022, meeting minutes. Motion carried 6/0/1 (Commissioner Stine abstained). PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: Audra (no last name given) expressed her concern on government dictating what citizens do on their property. PLANNING COMMISSION PUBLIC HEARING: Chair Stine 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 Stine opened the public hearing for Item 1. 1. PCD2022-0003 (DEV2022-0168) - STRAWBERRY FIELD OUTDOOR ENTERTAINMENT USE – Request to consider a timely appeal of the City Planner’s determination that various uses and related outdoor activities within the Public Utility (P-U) Zone require the approval of a Conditional Use Permit. Assistant Community Development Director Mike Strong introduced Agenda Item 1 and stated City Planner Eric Planner would make the staff presentation (on file in the Planning Division). DISCLOSURES: Commissioner Luna and Meenes stated they drove by the site. Commissioner Kamenjarin stated he has attended events at this site. Commissioner Sabellico stated he has visited the site but has not visited the site recently. Commissioner Merz disclosed he visited the site and had a conversation with the appellant on egress/ingress, parking, requirement for the property owner’s signature, and the technical aspect of the Conditional Use Permit (CUP). Commissioner Lafferty disclosed she is familiar with the site and annually buys strawberries at the site. PLANNING COMMISSION Minutes Planning Commission Minutes Sept. 21, 2022 Page 2 Commissioner Stine disclosed he is familiar with the site, walked the site, and looked at the Strawberry Fields’ website, and read an article in the Coast News regarding the site. COMMISSION DISCUSSION: Chair Stine asked if staff received any comments positive or negative from the owners of the Carlsbad Car Country dealerships and particularly the car dealerships closest to the strawberry fields. City Planner Lardy responded no. Chair Stine asked if staff has received any reported incidents on traffic or parking issues around the site. City Planner Lardy responded staff has reached out to Public Works Department and has not received any information on incidents directly related to the site. Commissioner Lafferty asked if staff has made a determination for fairgrounds for ancillary uses and where is this defined in the Carlsbad Municipal Code. City Planner Lardy responded the determination stated the uses requested were most similar to fairgrounds use classifications that is allowed in Public Utility zone. It is not defined in the Carlsbad Municipal Code. Commissioner Lafferty asked who owns the property. City Planner Lardy responded the property is owned by San Diego Gas & Electric (SDG&E). Commissioner Lafferty asked if San Diego Gas & Electric is considered a public entity and asked for clarification on Carlsbad Municipal Code Chapter 11 on uses of bounce houses allowed. Assistant City Attorney Kemp responded SDG&E is a private corporation owned by shareholders. He stated if Chapter 11 is referring to public land it would not be applicable. Commissioner Luna asked for clarification on the appellant’s appeal of uses and asked on the special use permits for events. City Planner Lardy clarified the appellant’s appeal is to allow bounce houses, games and/or face painting, and stage by-right. Appellant is going through the special use permit process for upcoming events (Octoberfest). Mike Howes, appellant, gave a presentation and his recommendation staff overturn the City Planner’s determination. Jimmy Ukegawa, owner of the Carlsbad Strawberry Company spoke. Commissioner Meenes asked if staff conducted meetings with appellant and discussed the advantages and disadvantages of a CUP versus other special permits. City Planner Lardy responded most of the meetings were with the Community Development Director, Jeff Murphy prior to his involvement for a request for a City Planner determination. Planning Commission Minutes Sept. 21, 2022 Page 3 Community Development Director Murphy responded and stated he had a number of conversations with Strawberry Fields representatives and explained what the permit process is and why the city was requiring it. Chair Stine asked if there were any members of the public who wished to speak on the project. He opened public testimony. PUBLIC TESTIMONY: The following speakers spoke in support of appeal: Michael Schumacher Mike Curtin Kerry Siekmann Tom Siekmann Tracy Carmichael Josh Cantor Kaylin Ellis Mia Ukegawa Lisa Rodman Heather Ukegawa Laura Rammel Chair Stine asked if there were any additional members of the public who wished to speak on the project. Seeing none, he closed public testimony. RECESS Chairperson Stine called for a recess at 6:40 p.m. and resumed at 6:50 p.m. ACTION: Motion by Commissioner Luna, Seconded by Commissioner Meenes, to direct staff to prepare a resolution to overturn the City Planner’s determination that various uses and related outdoor activities within the Public Utility (P-U) Zone require a Conditional Permit. The resolution shall be prepared based on the facts and evidence that the Stage, Inflatable Bounce Houses, Games, Face Painting, and Shade Structure uses are consistent with the General Plan and considered similar the “crop production” use and related classifications that are permitted in the Public Utility (P-U) Zone. Motion carried, 7/0. PLANNING COMMISSION REPORTS/COMMENTS: Commissioner Lafferty provided an overview of the Design Review Committee meeting on Aug. 22, 2022. The next meeting is scheduled on Oct. 25, 2022. Commissioner Lafferty also reported the Historic Preservation Committee meeting was held on Sept. 12, 2022 and approved a resolution amendments to Carlsbad Municipal Code (CMC) Chapter 2.42 and Title 22 to amend the city’s historic preservation ordinance and establish a local Mills Act Program. Chair Stine reported the Growth Management Committee is scheduled on Sept. 22, 2022 and the focus will be on open space and parks. At the Oct. 12, 0222 meeting the committee will have discussions on components that will go into a revised Growth Management Plan. He also reported he will not be at the next Planning Commission meeting. Commissioner Luna asked if the Mills Act can be agendized. Planning Commission Minutes · Sept. 21, 2022 Page4 CITY PLANNER REPORTS: Assistant Community Development Director Strong reported the next Planning Commission meeting will be held on Oct. 5, 2022. CITY ATTORNEY REPORTS: Assistant City Attorney Kemp reported he will not be attending the next Planning Commission meeting, but Deputy City Attorney, Allegra Frost will be in attendance in his absence. ADJOURNMENT: Chair Stine adjourned the duly noticed meeting at 7:35 p.m . Michele Hardy -Minutes Clerk