Loading...
HomeMy WebLinkAbout2015-07-23; Planning Commission; MinutesPlanning Commission Minutes July 23, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 4:00 p.m. Date of Meeting: July 23, 2015 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Scully called the meeting to order at 4:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Montgomery led the Pledge of Allegiance. ROLL CALL Present: Chairperson Scully, Commissioners Anderson, Black, L’Heureux, Montgomery, Segall and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Maria Emery, Senior Office Specialist Ron Ball, Special Counsel Kathy Dodson, Interim City Manager Gary Barberio, Assistant City Manager Kyle Lancaster, Parks Superintendent Chris Hazeltine, Parks & Recreation Director Glen Van Peski, Community & Economic Development Director Brett Cosgrove, Police Officer Mike Davis, Fire Chief Liz Ketabian, Parks Planner Debbie Fountain, Housing & Neighborhood Services Director Jason Geldert, Engineering Manager Mike Grim, Senior Planner – Environmental Management Pat Thomas, Public Works Director CONTINUED PLANNING COMMISSION PUBLIC HEARING Don Neu, City Planner, stated that Principal Planner Dave de Cordova and Senior Planner Jennifer Jesser would give presentations on the various elements of the General Plan. Staff would then be available to answer any questions. OPEN SPACE, CONSERVATION AND RECREATION ELEMENT Chairperson Scully asked about school parks and accessibility. She commented that within the past year, the schools have locked down the parks and access is very limited. Mr. de Cordova stated that the use agreements call for joint use but not during school hours. Kyle Lancaster, Parks Superintendent, stated that after school hours, any gates are to be unlocked with the hours consistent with regular park hours. There were a few times in the past when custodians and school administrators did not open the locks; however the gates should remain open after school until 10:00 p.m. On weekends, the gates should be open between 8:00 a.m. to 10 p.m., which are regular parks hours. Chairperson Scully commented that the gates are locked after school hours, most likely to deal with vandalism. Mr. Lancaster stated he would contact Carlsbad Unified School District to follow-up. Chris Hazeltine, Parks and Recreation Director, stated that Aviara Oaks specifically is one of the most heavily used school sites, and Parks staff would hear CORRECTED Planning Commission Minutes July 23, 2015 Page 2 about it. Mr. Hazeltine added that additional staff has been hired to check each facility every night to make sure the gates are locked. Commissioner Anderson asked if easements under power lines are always considered open space. Mr. de Cordova stated that is generally true for major transmission lines. Mike Grim, Senior Planner, stated to qualify as open space on the open space map, the area has to be designated as open space in the General Plan and/or zoning, or have an open space easement on it. Mr. Grim commented that effectively it is open space as many of those areas are used as trails; however, it is not counted in the city’s inventory of open space. Commissioner Anderson asked about the goal of lagoon clean-up, mitigation and funds set aside for that effort. Commissioner Montgomery commented that the city, through City Council, has issued grants to both the Agua Hedionda Lagoon Foundation and Batiquitos Lagoon Foundation for various purposes including acquisition of open space, clean-up efforts, and monitoring water quality. The foundations also receive grants from several other entities. Commissioner L’Heureux commented that in the Growth Management Plan, there is a standard of 3 acres of community park or special use area per 1000 people. He asked how that figure is arrived at and if it is still appropriate. Mr. Hazeltine stated it still is a good standard and it is still an accepted standard. Commissioner L’Heureux asked how the Parks and Recreation Department is balancing the need for neighborhood parks versus the need for community parks. Mr. Hazeltine clarified that there is not a requirement for a neighborhood park within a certain geographic distance within the city. The Growth Management Plan dictates that the city has “x” number of acreage per quadrant. From a park and recreation service delivery perspective, Mr. Hazeltine commented that staff feels the city is very well served and has the resources required to have a robust recreation experience. Commissioner L’Heureux further asked if private HOA parks are open to public. Mr. Hazeltine stated those parks are only open to the specific development. Commissioner Siekmann asked about the planned linear park along coast highway and if it will add to the park totals. Mr. Hazeltine stated that it depends on what the development looks like along the boulevard. There is plenty of space using the city’s right-of-way to create a very special experience with a realignment of Carlsbad Boulevard absent of using any state lands. Mr. Hazeltine added that the city is currently moving forward with plans using the city’s right-of-way, and that space will add to the city’s open space. Commissioner Siekmann commented on how important disabled access will be for the beach. Commissioner Black asked for an explanation on what will be different in the new General Plan regarding water quality and efforts to keep waters clean. Mr. de Cordova stated that water quality is an area that is heavily regulated and restricted by the state in terms of what cities must do and the city planning for water quality. The city has a very robust Storm Water program and staff dedicated to those efforts to ensure the lagoons and waterways are clean. The new General Plan has a series of policies included in the Open Space element. Commissioner Black stated that after the recent heavy rains, the local news showed beaches in San Diego that were closed because of pollution or that debris wash up on the beach. He asked why that does not happen in Carlsbad. Mr. Grim commented that the community takes much better care of the open space so there is very little litter, there are habitat management preserve managers and park staff that go out into the open space areas that might drain into a waterway and clean those areas out. Mr. Grim added that Utilities staff have very innovative debris catchment basins in many of the storm inlets which keeps the debris out of the storm drains. Commissioner Montgomery asked why the presentation indicated 35 acres less than what was stated in the document. Mr. de Cordova stated there are several factors that are involved and much of it has to do with the GIS programs as well as changes made by the Commission yesterday to the Land Use Element. Commissioner Montgomery asked if staff has projected what the total number of acres would be for open space with the natural buildout of the city. Mr. de Cordova stated staff did not make projections nor did they try to estimate what it will be. He stated that the best guess is that it will be more than 38% just shy of 40%. Commissioner Montgomery asked if the Commission should be considering open space for specific sites and areas in the city as many people have submitted comments and requests for certain areas to be designated open space. Mr. Neu stated that if the Commission were to add open space at this time, land would be taken out of a category other than open space whether it be planned industrial or residential. There are some constraints with that as the city would need to leave an economic return of property to a property owner. Staff feels there are limitations as to what can be done at this time. Planning Commission Minutes July 23, 2015 Page 3 Commissioner Segall asked if there is anything that needs to be done from what was learned after the fires regarding open space, habitat management and safety. Mr. Grim stated that, from his perspective as overseer of the Habitat Management Plan, it is a balance. The fire showed that the fire suppression plans that are currently in place do work. Going forward on a regional level, speaking with the wildlife agencies, Mr. Grim commented that the city wants to be more proactive in regard to fire management within the preserves themselves. Commissioner Segall asked if there is a way to understand what open space really means. Mr. de Cordova stated that in order to be counted as open space, a property has to have an open space zoning designation, an open space general plan land use designation or it has to be bound by an open space easement or restrictive covenant. Commissioner Segall commented that people have different views of what open space is. Mr. Neu commented that the updated General Plan has 4 categories of open space in the Open Space. Chairperson Scully asked if there are any open space acquisitions in the process or in the future. Mr. Grim stated there is a committee that meets quarterly and is always open to talk to any willing sellers; however it is a challenge. Mr. Grim added that the city is ready to acquire land for open space. Commissioner Anderson inquired about the strawberry fields and flower fields remaining economically viable and asked who determines that. Mr. de Cordova stated that policy language comes from Proposition D that was passed by the voters in 2007. The idea is that those properties remain in agriculture as long as it is feasible. The economic viability is determined by the land owner. Commissioner Anderson commented that there seems to be a lot of undeveloped properties in the city that will never be developed and are not counted in the 40% open space. She stated that if those properties added up those properties not currently counted as open space, such as property under easements, school space, etc., were counted, there could be more than 40%. Mr. de Cordova commented that many staff hours have been spent researching records in order to accurately and consistently calculate open space. Commissioner L’Heureux commented that his pet peeve is that the name of Veterans Memorial Park sounds like a cemetery. Liz Ketabian, Park Planning Manager, stated it has always been known as Veterans Memorial Park but it has not gone through the official naming process. Commissioner L’Heureux stated he is confused with the downside of having a goal of 40% open space in the General Plan. Mr. Neu commented that from staff’s perspective and for implementing the plan, it perpetuates the confusion. Staff is reluctant to put a specific number in the plan if it was not achievable. Staff would like to proceed knowing that the city will do its best to obtain more open space whether it is through the entitlement process or through acquisition. Commissioner Montgomery made a motion which was duly seconded by Commissioner Black to modify the language to include a goal of 40% for open space. Commissioner L’Heureux commented that 40% open space has always been an estimate of the city, a general idea. He agrees with staff that the city is committed to getting as much open space as possible. Commissioner Siekmann agrees with Commissioner L’Heureux. She thinks it would send a bad message to take land from housing or employment in order to meet a goal of 40% open space. Commissioner Segall commented that it depends on how a policy is worded whether it is acceptable. Commissioner Montgomery amended his motion stating the citizens’ of Carlsbad coinciding with their overriding views and intents prefer that the city aspire to 40% open space without detriment to other balanced interests and policies of the city. Commissioner Segall suggested staff return with language tomorrow. Mr. Neu stated that if the majority of Commission is interested in specific language, a vote can be made to have staff return with language tomorrow. Commissioner Anderson stated she would support something which states it is the goal of the city to maximize open space. She does not like requiring 40%. Commissioner Montgomery commented that the goal of 40% aligns with the community values that have been in place since 1987. CORRECTED Planning Commission Minutes July 23, 2015 Page 4 Mr. Neu added that policy 4P-6 on page 4-49 deals with the adjustment of open space boundaries. Staff feels the policy protect the city in terms of not losing open space. Commissioner Siekmann commented that is already 25% which is undevelopable, combined with the 15%, the city is already at 40%. The Commission voted 1-6 (Chairperson Scully, Commissioners Anderson, Black, L’Heureux, Segall and Siekmann) on the motion as stated Montgomery. The Planning Commission voted 7-0 to approve the Open Space Conservation and Recreation Element to include the new proposed policy for open space as proposed by staff. NOISE ELEMENT Chairperson Scully asked if staff had any recommendations regarding whether the Commission should address comments on a site specific basis, or if it should be handled by a general condition. Mr. Neu stated the proposed Noise Element has policies focused primarily at new development. There is a Noise Guidelines Manual which contains policies and suggestions for how to design a property to mitigate the noise impacts. He further added that there are zones that have performance standards as well as items in the Airport Plan that deal with compatibility of land uses and different noise contour areas. There is not a noise ordinance. Regarding the issue of nuisance type noise, Mr. Neu stated that if the Commission felt it necessary, a policy could be added to the noise ordinance that addressed pursuing the development of a noise ordinance. That recommendation would go to the City Council who would ultimately decide if that is appropriate. Commissioner Anderson commented on a concert at the Omni Resort that went on for three days. She added that she would support whatever can be done so that so many people are not impacted. Commissioner L’Heureux stated that he feels there should been a noise ordinance as part of the element. He stated he is concerned about infill development and making projects compatible with existing homes, especially in the Village area and along the railroad right-of-way. Commissioner L’Heureux asked if it is true that landscaping works as noise attenuation. Commissioner Siekmann stated that she feels a noise ordinance is very important especially in the coastal area particularly for vacation rentals. Commissioner Black asked what a “fly friendly program” is. Mr. Grim explained stated it is a voluntary noise abatement program at McClellan-Palomar Airport. Commissioner Black also asked what the allowed decibels are inside a park during a concert such as Jazz in the Park. Mr. de Cordova commented that there is a good chart in the General Plan on page 5-6 that describes the relative noise levels for certain activities. Commissioner Black commented that he feels having an ordinance based on noise is a good thing but it is a slippery slope. Commissioner Montgomery stated that he is not in favor of any noise ordinance. He stated he would only be in favor of that with special events and with airport issues, specifically any expansion at the airport and how noise is controlled. Commissioner Segall stated he does not want to be site specific with restrictions. He stated a noise ordinance would have to be citywide. Debbie Fountain, Housing and Neighborhood Services Director, stated that currently there are no noise restrictions on events. She commented that it is an issue of balancing the need for outdoors events and the needs of the residents. Ms. Fountain stated it is a challenge to set standards that could be enforced. Chairperson Scully asked if the new vacation rental ordinance will address some of those issues. Ms. Fountain stated that ordinance requires a permit. As part of that permit, the owner of the unit has to agree to good neighbor policies, and those policies include issues related to noise, trash, parking and other issues that impact a neighborhood. Each year, there will be a permit issued for a vacation rental, and if the city receives a large number of complaints that are not addressed by the owner, that permit would not be issued the next year. Mr. Ball commented that the city does have police powers to adopt a noise ordinance without an amendment to the General Plan. He further commented that a noise ordinance is very expensive to enforce. Planning Commission Minutes July 23, 2015 Page 5 Commissioner L’Heureux asked for clarification regarding quiet zones in reference to the trains. Mr. de Cordova stated that in the revisions to the General Plan, there is a new policy which proposes that the city coordinate with other agencies and private entities to investigate methods of implementing a railroad quiet zone. He stated it would require improvements such as hardening of existing railroad crossings and the installation of safety features. Commissioner Anderson commented that it troubles her to have noise talked about in the General Plan and not have anything specific except with regard to construction. Mr. Neu stated that if the Commission desired to have a noise ordinance, it would be a policy and the City Council would have to concur. The process to develop a noise ordinance would be very technical and would involve a lot of considerations. He commented that the Commission does have discretion to add that as a policy to the Noise Element. A motion was made by Commissioner L’Heureux, and seconded by Commissioner Anderson, that the Commission add a policy to the Noise Element to have a formal noise ordinance. The Commission voted 5-2 (Siekmann and Montgomery). Commissioner Siekmann commented that the resolution should be amended, not the General Plan. Mr. Neu stated that Mr. Ball was suggesting an alternative by amending the resolution instead of including it in the General Plan. Commissioner L’Heureux withdrew his motion and Commissioner Anderson withdrew the second. Commissioner Montgomery commented that he feels it would be best to keep the noise ordinance out of the General Plan. Commissioner L’Heureux stated that there is a Noise Element and a community vision. The Noise Element is supposed to reflect and implement that vision. He stated he believes it is appropriate to put the noise ordinance in the General Plan. Commissioner Montgomery stated he is completely opposed to any noise ordinance on the residents themselves. Commissioner L’Heureux restated his previous motion, seconded again by Commissioner Anderson, that the Commission include as a policy a formal noise ordinance as part of the General Plan. The Planning Commission voted 3-4 (Scully, Black, Montgomery and Siekmann). Commissioner Siekmann made a motion, seconded by Commissioner Black, that the Commission amend the resolution to recommend that City Council consider adopting a noise ordinance. The Planning Commission voted 4-3 (Anderson, L’Heureux, and Montgomery). The Planning Commission voted 6-1 (Montgomery) to approve staff’s recommendation including the new policy wording. PUBLIC SAFETY ELEMENT The Commission voted 7-0 to approve staff’s recommendation. RECESS Chairperson Scully called for a 30 minute recess at 6:45 p.m. MEETING CALLED TO ORDER Chairperson Scully called the meeting to order at 7:15 p.m. with all Commissioners present. Planning Commission Minutes July 23, 2015 Page 6 ARTS, HISTORY, CULTURE AND EDUCATION ELEMENT The Commission voted 7-0 to approve staff’s recommendation. ECONOMY, BUSINESS DIVERSITY AND TOURISM ELEMENT The Commission voted 7-0 to approve staff’s recommendation. HOUSING The Commission voted 7-0 to approve staff’s recommendation and to include the revisions to residential land use designations as reflected in the Land Use and Community Design Element. SUSTAINABILITY Chairperson Scully stated she likes the idea of community gardens, farmers markets, the proposed North 40 project, and that new developments are being proposed with more sustainable products and features. Commissioner Anderson commented on the new policy regarding water runoff and drainage basins. She added that it would be beneficial to the public to have signage as an educational purpose. Commissioner L’Heureux stated he is happy that the suggestions from the community have been incorporated in the Draft General Plan. Commissioner Siekmann asked if the vision stated on page 9-3 includes the Climate Action Plan. Mr. de Cordova stated yes. Commissioner Black commented that there is very little mentioned about alternative sources of water, and asked where else will the city will get water. Pat Thomas, Public Works Director, stated the vast majority of water used in the city is imported and purchased from the County Water Authority. He stated the 10 day emergency supply comes from the Maerkle Reservoir. Mr. Thomas stated that as for other guarantees of water, the city is somewhat dependent on the County Water Authority. Mr. Kemp clarified that what Mr. Thomas is referring to, only covers the areas within the Carlsbad Municipal Water District. Commissioner Black asked if there are plans for developing an alternative water supply. Mr. Thomas commented that staff is currently researching options; unfortunately it will take many years to develop a plan. Commissioner Montgomery asked if the city has the ability as a city to tap into the ocean to establish a secondary source of water. Mr. Thomas stated that the city will be purchasing some of the water from the desalination plant. To develop another desalination plant, Mr. Thomas stated would be an extensive undertaking. Commissioner Segall asked if seawater can be used in irrigation. Mr. Thomas stated that vegetation does not seem to react well to it. Commissioner Segall commented that policy 9.P-4 singles out the Crossings golf course and asked why all municipal sites are not included. Mr. Neu stated that the golf course is thought of to be a larger water user. Mr. de Cordova commented that regarding other municipal sites the Parks & Recreation Department has been very diligent in reducing their water usage. Commissioner Segall asked which element includes discussion regarding plug-ins for the electric vehicles. Mr. de Cordova commented that it is a prominent feature included in the Climate Action Plan and it also ties back to the Mobility Element objectives. Commissioner Segall further commented that he thinks it should be a policy for all new projects. Commissioner Black asked if development will halt if the city moves to a Stage 3 drought level. Mr. Thomas stated it would come through the County Water Authority and it would be done more on a regional basis. The Stage 3 drought level would halt the issuance of water meter permits. Commissioner Anderson asked if policy 9-P3, discussed on page 226 of the staff report, regarding the development of a water sub-metering ordinance for multi-family rental and mixed use, refers to retroactive or new construction. Mr. Neu stated it would be determined at time there is a new ordinance so it would apply to new multi-family residences so each unit would have its own meter. Planning Commission Minutes July 23, 2015 Page 7 Commissioner Montgomery asked if there are plans to extend recycled water availability. Mr. Thomas stated there is a Recycled Water Master Plan, and the city is in the process of implementing Phase 3 of the program which includes expansion of the plant, construction of a new reservoir, and multiple locations are planned to extend the recycled water pipeline including in to the northwest quadrant. Commissioner Black asked about using recycled water on plants and any associated odors. Mr. Thomas commented that some plants and grasses do not react well to the water because of the high levels of salinity. Regarding any odors, Mr. Thomas commented that chemicals are added to the water at the plant to deal with that issue. Commissioner Anderson asked if recycled water is used on the athletic fields. Mr. Thomas stated yes and there are regulations to address any issues including signage, the purple sprinkler heads and pipes, and time of use. CLIMATE ACTION PLAN Staff gave a presentation on the Climate Action Plan. By a 7-0 vote, the meeting of July 23 was adjourned to July 24 at 2:00 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk