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Home My WebLink About2017-07-19; Planning Commission; AgendasThe City of CARLSBAD Planning Division PLANNING COMMISSION AGENDA www.carlsbadca.gov Council Chamber Wednesday, July 19, 2017 6:00 p.m. 1200 Carlsbad Village Drive NOTICE TO THE PUBLIC: 1. It is the Planning Commission’s Policy to adjourn the meeting no later than 10:00 p.m. 2. Meetings are divided into categories shown below. 3. When you are called to speak, please come forward and state your name and address. 4. Persons with a disability may request an agenda packet in appropriate alternative formats as required by the Americans with Disabilities Act of 1990 by contacting the City Manager’s office at 760-434-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Friday preceding the meeting. All persons requiring reasonable accommodations or auxiliary aids in order to effectively participate in the meeting may contact the City Manager’s office by noon on the Friday preceding the meeting to make such arrangements. 5. PLEASE NOTE: Any agenda related writings or documents provided to the majority of the Planning Commission after distribution of the Agenda packet will be available for public inspection at the Planning Division located at 1635 Faraday Avenue, Carlsbad, CA 92008. In addition, a binder containing all agenda related writings and documents will be held by the Minutes Clerk at each Planning Commission meeting and available for public review. 6. VISUAL MATERIALS FOR PLANNING COMMISSION: Visual materials should be submitted to the Planning Division at 1635 Faraday Avenue no later than noon on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. Video clips cannot be accommodated. 7. Meeting Decorum: Carlsbad Municipal Code sections 1.20.320 and 1.20.330 require members of the public to observe order at this meeting and to conduct themselves in a courteous manner. California Penal Code section 403 makes it a misdemeanor for any person to willfully disturb or break up any assembly or meeting with lawful authority. PUBLIC COMMENT: If you desire to speak about an item not listed on the agenda, a “Time Reservation Request” form should be filed with the Minutes Clerk. A total of 15 minutes is provided for the Public Comment portion of the Agenda. Speakers are limited to three (3) minutes each. In conformance with the Brown Act, no action can occur on items presented during Public Comment. PUBLIC HEARINGS: Please file a written request to speak on items listed on this agenda as Public Hearings. ALL OTHER CATEGORIES: For all other agenda items a “Request to Speak” form must be filed with the Minutes Clerk before the item is announced. There is a five (5) minute time limit for individual speakers. PLANNING COMMISSION AGENDA July 19, 2017 Page 2 CALL TO ORDER 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black ROLL CALL Commissioners Rodman and Siekmann absent APPROVAL OF MINUTES None PLANNING COMMISSION PUBLIC HEARING 1. ZCA 2016-0001/LCPA 2016-0001 (PUB16Y-0002) – SECOND DWELLING UNIT CODE AMENDMENT — A request for recommendation of approval of a Zoning Code Amendment and Local Coastal Program Amendment to make the city’s regulation of second dwelling units (now known as accessory dwelling units) consistent with the changes to Government Code Section 65852.2 made by Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski). The City Planner has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, in that Division 13 of the Public Resources Code (CEQA) does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code. RESOLUTION NO. 7254 STAFF RECOMMENDATION: Recommend Approval PLANNER: Corey Funk ENGINEER: N/A PLANNING COMMISSION ACTION: Recommended Approval 5-0-2 2. ZCA 2017-0002/LCPA 2017-0003/AMEND 2017-0006 (PUB17Y-0015) – PROHIBITED USES CLARIFICATION AMENDMENT – Request for a recommendation of approval of amendments to the Zoning Code, Local Coastal Program and Village Master Plan and Design Manual to clarify that uses prohibited elsewhere in the Municipal Code are also prohibited by the Zoning Code and Village Master Plan and Design Manual. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1)(c), in that minor Municipal Code and other similar amendments that refine or clarify existing land use standards are considered not to have a significant effect on the environment. RESOLUTION NO. 7252 STAFF RECOMMENDATION: Recommend Approval PLANNER: Corey Funk ENGINEER: N/A PLANNING COMMISSION ACTION: Recommended Approval 5-0-2 3. PUD 16-11/SDP 16-21/CDP 16-43/MS 16-09/AV 16-06 (DEV16050) – 167 CHERRY AVENUE DUPLEX – Request for approval of a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance to demolish an existing single-family home and construct a two-family, residential air-space condominium project on a 0.16 acre infill site located at 167 Cherry Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303, “New Construction or Conversion of Small Structures” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. RESOLUTION NO. 7255 STAFF RECOMMENDATION: Approval PLANNER: Chris Garcia ENGINEER: Kyrenne Chua PLANNING COMMISSION ACTION: Approved 5-0-2 PLANNING COMMISSION AGENDA July 19, 2017 Page 3 4. SS 16-01 – DRAFT VILLAGE, BARRIO AND BEACH AREA PARKING MANAGEMENT PLAN – Presentation and discussion of the draft Village, Barrio and Beach Area Parking Management Plan. The Village, Barrio and beach study area is generally located west of Interstate 5 to the beach, between Tamarack Avenue and Buena Vista Lagoon. A portion of the area is in the Coastal Zone. A presentation on the draft Village, Barrio and Beach Area Parking Management Plan has been determined to be exempt from environmental review per CEQA Guidelines Section 15262 – Planning Study. STAFF RECOMMENDATION: N/A PLANNER: Pam Drew ENGINEER: N/A PLANNING COMMISSION ACTION: Comments provided to staff Planning Commission Member Comments Chairperson Segall reminded the Commissioners of the League of California Cities conference scheduled for August 23, 2018 and asked the Commissioners to submit their comments and ideas for programs they would like to see from an educational standpoint. City Planner Comments Mr. Neu asked the Commissioners to confirm their attendance for the August 2, 2017 Planning Commission hearing as some Commissioners will be absent. City Attorney Comments None. TIME: 9:00 p.m. PLANNING COMMISSION PROCEDURE For those in the audience who are not familiar with the operation of a Planning Commission, the following is a summary of the procedure: For each item on the agenda, the planning staff will present a report to the Planning Commission. On items for public hearing, the audience will be asked for comment. Those wishing to speak are asked to come forward, speak into the microphone, and give their name and address for the taped record. A time limit of five minutes is allotted to each speaker. After testimony is completed, the applicant is allowed a rebuttal. The Planning Commission is anxious to hear all persons wishing to give testimony. However, it is requested that each new speaker add new information, and not repeat points which previous speakers have made. Persons not desiring to speak, but wishing to be recorded as proponents or protesters of record, may do so by submitting their name and address to the minutes clerk. Certain Planning Commission decisions are final, but may be appealed to the City Council. An appeal may be filed with the City Clerk at City Hall within 10 calendar days of the decision. The cost of filing an appeal is $850 for all matters. If anyone wishes to question a Planning Commission decision, they may contact the Planning Division at 1635 Faraday Avenue, between the hours of 7:30 and 5:30, Monday through Thursday, and 8:00 to 5:00 on Friday.