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HomeMy WebLinkAbout2023-04-05; Planning Commission; Minutes City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 April 5, 2023, 5 p.m. CALL TO ORDER: 5:02 p.m. ROLL CALL: Commissioners Kamenjarin, Lafferty, Meenes, Merz, Sabellico, and Stine. PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held on March 15, 2023 Motion by Commissioner Stine, seconded by Meenes, to approve as amended the Minutes of the Regular Meeting held on March 15, 2023, with the following correction requested by City Planner Eric Lardy: • On pages 1 and 3, approval of minutes, the date needs to be changed to March 1, 2023 instead of March 15, 2023. Motion carried, 5/1 (Kamenjarin - Abstained). PUBLIC COMMENT: Diane Lech, expressed her concern for accessory dwelling units and its impact on single-family neighborhoods. She also asked for the commission to consider supporting the 2024 ballot initiative to regain local control. CONSENT CALENDAR: None. PUBLIC HEARINGS: 1. CUP 2018-0022 (PUB17Y-0018) – CITY OF CARLSBAD ORION CENTER – Request for adoption of a resolution recommending the approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and adoption of a resolution recommending approval of a Conditional Use Permit to allow for the redevelopment of the existing fleet maintenance facility and storage yard (Orion Center) located at 2600 Orion Way. The Project includes the development of a 41,900 square foot (SF), two-story office building, three warehouse and shop buildings totaling 25,400 SF, and a 92,300 SF, four-story parking structure. The Project site is not located within the Coastal Zone and is not appealable to the California Coastal Commission and is within Local Facilities Management Zone 5. Mitigation Measures included to reduce environmental effects to less than significant are included for Biological Resources, Geology and Soils, Hazards and Hazardous Materials, and Tribal Cultural Resources. ACTION TYPE: Quasi-judicial PLANNING COMMISSION Minutes April 5, 2023 Planning Commission Regular Meeting Page 2 STAFF RECOMMENDATION: Adopt the resolutions. PLANNER: Izzak Mireles ENGINEER: Nichole Fine Commissioner Lafferty recused herself at 5:10 p.m. due to conflict of interest because she worked for the architect. Commissioners Meenes, Merz, and Kamenjarin disclosed they visited the site. Commissioners Stine and Sabellico both visited the site and read an article in the San Diego Union Tribune dated April 2, 2023 regarding the project. Commissioner Stine’s questioned the need for a four-story parking structure in an open space zone and if staff has considered underground parking as an alternative. Steve Stewart, Municipal Projects Manager responded after staff’s assessment there was not enough room for adequate parking and underground parking is a cost issue. Commissioner Meenes’ asked if the proposed height was subject to approval of the Conditional Use Permit. Eric Lardy, City Planner responded the open space zone allows a waiver for the height limit through a process 2 Conditional Use Permit to be approved by the Planning Commission. Commissioner Kamenjarin expressed the city should look at underground parking not only for city projects but also for the private sector retain our world-class city image. Chair Merz opened the duly noticed public hearing at 5:11 p.m. City Planner Eric Lardy introduced Associate Planner Izzak Mireles who provided the PowerPoint presentation (on file in the Office of the City Clerk). As part of the presentation, Associate Planner Mireles made a recommendation to adopt a resolution approving Conditional Use Permit (CUP 2018-0022) and adopt a resolution approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program based upon the findings and subject to the conditions contained therein. He also noted three corrections necessary to fix errors in the two project resolutions. Chair Merz opened the public testimony at 5:19 p.m. Hearing no one wishing to speak, Chair Merz closed the public testimony at 5:20 p.m. Motion by Commissioner Meenes, seconded by Commissioner Stine, to adopt Resolution Nos. 7474 and 7475 with clarification presented by staff to address the errors in the resolutions. Motion carried, 5/0/1 (Lafferty; Recused). Commissioner Lafferty returned to the dais at 5:30 p.m. 2. ZCA 2023-0002/LCPA 2023-0018 (DEV2023-0040) - ALTERNATIVE AND TEMPORARY HOUSING AMENDMENTS 2023 - Request for adoption of a resolution recommending approval for amendments to the Carlsbad Municipal Code Title 21, the Zoning Ordinance, to April 5, 2023 Planning Commission Regular Meeting Page 3 implement Housing Element Program 1.3 “Alternative Housing,” Objective G, and Program 2.13 “Housing for Persons Experiencing Homelessness,” Objective H. The action also includes a Local Coastal Program Amendment for the updates to the Zoning Ordinance. The city planner has determined that the amendments are covered under Environmental Impact Report EIR 13-02 prepared for the 2015 comprehensive update to the General Plan and the addendum to that EIR approved by City Council Resolution 2021-073 on April 6, 2021, for the update of the city’s Housing Element for the 6th cycle (2021 – 2029). ACTION TYPE: Legislative STAFF RECOMMENDATION: Adopt the resolution. PLANNER: Scott Donnell ENGINEER: N/A As part of the presentation, Senior Planner Scott Donnell made a recommendation to adopt a resolution recommending approval of Zone Code Amendment (ZCA 2023-0002) and Local Coastal Program Amendment (LCPA 2023-0018). Commissioner Stine inquired about why a licensed facility of seven or more would be subject to a Conditional Use Permit (CUP) while an unlicensed facility of seven or more would not require a CUP. Senior Planner Donnell responded that state law requires that residential care facilities that serve six or fewer residents to be considered a residential property and be treated the same as a single-family home. Unlicensed facilities of seven or more occupants are facilities function as a family unit and are not dependent on state services or treatment. He also referred to the state certification letter and a technical bulletin that are exhibits to the staff report, which explain the state’s regulation further. Commissioner Meenes asked if proposed licensed residential care facilities of seven or more would be conditionally permitted in all residential zones and if currently they are conditionally permitted only in three residential zones. Senior Planner Donnell agreed. Chair Merz opened the public testimony at 6:01 p.m. Hearing no one wishing to speak, Chair Merz closed the public testimony at 6:02 p.m. Chair Merz closed the duly noticed public hearing at 6:02 p.m. Motion by Commissioner Lafferty, seconded by Commissioner Meenes, to adopt Resolution No. 7476. Motion carried, 6/0/1. DEPARTMENTAL REPORT: None. PLANNING COMMISSION MEMBER REPORTS: Commissioner Kamenjarin reported on serving on the Block Grant Committee last week and worthy applicants were given funds. April 5, 2023 Planning Commission Regular Meeting Page4 Commissioner Lafferty reported she attended the League of California of Cities Planning Commission Academy last week in Garden Grove. The training highlights included the ethics law, CEQA, planning for the future, and housing under State Bill 330. Commissioner Stine reported that the Growth Management Citizens Committee will meet on April 20, 2023 and this may be the last meeting if an agreement is reached for a final report to represent to the City Council. CITY PLANNER REPORTS: Eric Lardy, City Planner reported on April 11, 2023 the City Council will be considering the applications for a new Planning Commissioner and anticipates the vacancy to be filled by the next Planning Commission meeting. He also reported for the next meetings scheduled on April 19, 2023 and May 3, 2023 staff has a number of agenda items. Eric Lardy mentioned that the May 17, 2023 meeting may be cancelled. CITY ATTORNEY REPORTS: None. ADJOURNMENT: Chair Merz adjourned the duly noticed meeting at 6:44 p.m. Michele Hardy Secretary