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HomeMy WebLinkAbout2014-07-16; Planning Commission; MinutesPlanning Commission Minutes July 16, 2014 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: July 16, 2014 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Black called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Montgomery led the Pledge of Allegiance. ROLL CALL Present: Chairperson Black, Commissioners, L’Heureux, Montgomery, Scully, Segall and Siekmann Absent: Commissioner Anderson STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Christer Westman, Senior Planner Barbara Kennedy, Associate Planner Greg Fisher, Assistant Planner Austin Silva, Assistant Planner Chris Garcia, Junior Planner Jason Geldert, Engineering Manager David Ahles, Senior Engineer Bridget Desmarais, Administrative Secretary Farah Nisan, Senior Office Specialist PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CDP 13-09 – LA COSTA RECYCLED WATER PIPELINE – Request for approval of a Coastal Development Permit for installation of a recycled water pipeline within the public right-of-way on the east side of El Camino Real, generally located between Alga Road and La Costa Avenue in the East Batiquitos Lagoon/Hunt Properties and Mello II Segments of the Local Coastal Program and within Local Facilities Management Zone 6. The project is within the scope of the previously analyzed Phase III Recycled Water Project Mitigated Negative Declaration (MND) and the MND adequately describes the activity for the purposes of CEQA. This project is located within the appeal area and the decision may be appealed to the California Coastal Commission. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Item 1. Planning Commission Minutes July 16, 2014 Page 2 Chairperson Black asked if there were any members of the audience who wished to speak on Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner L’Heureux, that the Planning Commission adopt Planning Commission Resolution No. 7062 approving Coastal Development Permit CDP 13-09 based upon the findings and subject to the conditions contained therein. VOTE: 5-1-1 AYES: Chairperson Black, Commissioner L’Heureux, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Anderson ABSTAIN: Commissioner Montgomery Chairperson Black closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. CUP 13-01 – SD06369 CADENCIA – Request for approval of a Conditional Use Permit to allow for the continued operation of and revisions to an existing Wireless Communication Facility consisting of three panel antennas housed within a faux chimney on the roof of an existing single family residence and the relocation of existing equipment cabinets to a new enclosure at the rear of the property located at 7412 Cadencia Street in Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities” and Section 15303, “New Construction of Small Structures,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu stated that staff recommends continuing the item to the meeting of September 17, 2014. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote to continue the item. MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner Siekmann, that the Planning Commission continue the item to September 17, 2014. VOTE: 6-0-1 AYES: Chairperson Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Anderson ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item. Planning Commission Minutes July 16, 2014 Page 3 3. CUP 00-36x1(B) – AT&T LA COSTA RESIDENCE WCF – Request for an amendment to Conditional Use Permit No. CUP 00-36x1 to allow for the addition of three (3) additional new panel antennas, a new GPS antenna, and two (2) new equipment cabinets to an existing unmanned Wireless Communications Facility (WCF) consisting of a 240 square foot at grade equipment room attached to the garage and six (6) panel antennas mounted within two expanded chimney structures and one faux chimney located on a single family dwelling unit at 7512 Cadencia Street and in Local Facilities Management Zone 6. The City Planner has determined that the project belongs to a class of projects that the State Secretary for 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. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Doug Munson, AT&T, P.O. Box 55, Poway, gave a brief presentation and stated he would be available to answer any questions. Chairperson Black asked if there any questions of the applicant. Commissioner Segall asked if there were any additions to the GPS antennas. Mr. Munson stated that the GPS antennas were going to be replaced. Commissioner Segall asked Mr. Munson to differentiate between the GPS antennas and other antennas on the property. Mr. Munson replied stating that GPS antennas conduct propagation such as the hearing, transmission and receiving as the GPS antennas are connected to satellites. Chairperson Black asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on Item 3. Chairperson Black opened public testimony. Mirae Sampson, 7555 Cadencia Street, stated her concerns with the location to the cell cite, health impacts and the quality of life in the neighborhood. Richard Sampson, 7555 Cadencia Street, stated his concerns with the location of the antennas, equipment cabinets on the street and utility trucks parked on the street during the maintenance of the cell site. Chairperson Black asked if the applicant wished to respond to the issues raised. Mr. Munson stated that all equipment used for maintenance are stored in the garage of the property. Commissioner L’Heureux asked why the expansion occurred on a residential site than on a commercial site. Mr. Munson replied stating the addition of LTE frequency to all of Carlsbad as well as nationwide was added to the new system. Commissioner Siekmann asked why the residential site has been chosen instead of a commercial site. Applicant stated there is a need to have coverage in residential areas. Commissioner Segall asked what the difference was between 3G and 4G. Mr. Munson stated coverage frequency is for 4G LTE. Mr. Segall asked if there were any other locations considered for the cell site. Mr. Munson stated the current location is necessary to provide the needed coverage. Mr. Neu stated that most carriers have completed the preferred larger servicing locations of the network and the demand for cell coverage in residential areas continues to increase. Mr. Neu also stated that due to federal regulations, the city may not prevent completion of a network. Planning Commission Minutes July 16, 2014 Page 4 Ron Kemp, Assistant City Attorney, recited restrictions from the FCC stating that the city may not favor any carrier and may not prevent the completion of a network. Mr. Kemp also stated that applications will be processed within a reasonable amount of time and the city cannot deny an application because of any perceived radio frequency hazards. Mr. Kemp stated that the city cannot deny and shall approve any eligible facilities request for modification for an existing wireless tower base station that does not substantially change the physical dimensions of such tower base station. Substantial evidence is required to support a denial of the application. Commissioner Segall asked how a preferred site is in favor of the applicant. Mr. Neu stated that each facility carries a certain amount of volume due to the increased demand of cellular coverage. Chairperson Black asked if there were any questions of staff. Commissioner Segall inquired about the industrial equipment cabinets the residents were concerned with. Mr. Silva stated there will be no changes to the exciting garage that connects to the adjacent 240 square foot equipment room. Chairperson Black asked if there were any other members of the audience who wished to speak on Agenda Item 4. Seeing none, he closed public testimony. Chairperson Black asked if there were any further questions of staff. DISCUSSION Commissioner Segall stated he feels uncomfortable with the applicant stating it is a preferred site and he can support the project Commissioner Montgomery stated he can support the project. Commissioner Siekmann concurred with Commissioner Montgomery and stated she can support the project. Commissioner L’Heureux stated he can support the project. Commissioner Scully stated she can support the project. Chairperson Black stated he can also support the project. MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner L’Heureux, that the Planning Commission adopt Planning Commission Resolution No. 7063 approving an amendment to CUP 00-36x1 based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Black, Commissioner L’Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: Commissioner Anderson ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item. 3. CUP 12-11/CDP 12-23 – BATIQUITOS LAGOON FOUNDATION VISITORS CENTER – Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and the approval of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to replace an existing single-wide, 528 square foot Planning Commission Minutes July 16, 2014 Page 5 mobile building with a new double-wide, 1,244 square foot mobile building and to allow the continued use of the mobile building as a lagoon information center (Visitors Center) operated by the Batiquitos Lagoon Foundation (BLF) on property generally located near the westerly terminus of the North Shore Batiquitos Lagoon Trail, approximately 250 feet southeasterly of the terminus of Gabbiano Lane in the Azure Cove Development of Aviara within the East Batiquitos Lagoon/Hunt Properties Segment of the Local Coastal Program and Local Facilities Management Zone 19. The project site is within the appealable area of the California Coastal Commission. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a detailed presentation and stated he would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Fred Sandquist, gave a brief presentation and stated he would answer any questions. Chairperson Black asked if there any questions of the applicant. Don Omsted, 1349, Rainbow Ridge, Encinitas, gave a brief presentation and stated he would answer any questions. Chairperson Black asked if there were any further questions of the applicant. Commissioner L’Heureux asked about the type of Recreational Vehicle (RV) that would be parked in the garage area. Mr. Omsted replied that it is a trail maintenance vehicle. Commissioner Segall asked when the new structure will be available once the project has been approved. Mr. Sandquist stated building permits have been submitted for review and will soon continue with the building process. Commissioner Montgomery inquired about the organization’s positive impact and what it will hold for the future. Mr. Sandquist stated the foundation is a better anchor for visitors and volunteers, people utilizing the trails and the residents will enjoy a site to have a bigger facility. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if there were any members of the audience who wished to speak on Item 4. Chairperson Black opened and closed public testimony. DISCUSSION Commissioner Segall stated the project is a great part and addition to the community and he can support the project. Commissioner Montgomery concurs with commissioner Segall and stated he can support the project. Commissioner Siekmann stated she can support the project. Commissioner L’Heureux stated that the project is a wonderful addition to the community and he can support the project. Commissioner Scully stated she can support the project. Chairperson Black stated that the project is a remarkable improvement and he can support the project.