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HomeMy WebLinkAbout2017-06-21; Planning Commission; MinutesPlanning Commission Minutes June 21, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: June 21, 2017 Place of Meeting: COUNCIL CHAMBER CALL TO ORDER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Rodman led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Black, Montgomery, Rodman and Siekmann Absent: Commissioners Anderson and Goyarts STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Sheila Cobian, City Clerk Services Manager Paul Dan, Associate Planner Shannon Harker, Associate Planner Corey Funk, Associate Planner Austin Silva, Associate Planner Jason Geldert, Engineering Manager Randy Metz, Fire Marshal Scott Meritt, Police Sergeant PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of June 7, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman to approve the minutes of the Regular Meeting of June 7, 2017. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Anderson and Commissioner Goyarts ABSTAIN: None Planning Commission Minutes June 21, 2017 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CDP 2017-0011 (DEV 2017-0038) – WILLIAMSON RESIDENCE – Request for approval of a Coastal Development Permit to allow for the addition of 604 square feet of habitable space and a 426 square feet of covered patios to an existing single-family residence within the Mello II Segment of the City’s Local Coastal Program located at 4886 Hillside Drive within Local Facilities Management Zone 1. The project site not within the appealable area of the California Coastal Commission. 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 it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(a) and (e)(1) interior and exterior alterations and additions to an existing structures of the state CEQA Guidelines. 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 Agenda Item 1. Chairperson Segall asked if any member of the audience wished to address Agenda Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman that the Planning Commission adopt Planning Commission Resolution No. 7253 approving Coastal Development Permit CDP 2017-0011 based upon the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Anderson and Commissioner Goyarts ABSTAIN: None Chairperson Segall 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. MS 16-05 (DEV 13014) – 1284 PINE PARTNERS – An appeal of the City Planner’s decision to approve a request to subdivide a 0.44-acre parcel into two parcels within the One-Family Residential (R-1) zone on property addressed as 1274 Pine Avenue, in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 “Minor Land Divisions” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 2. Chairperson Segall asked if the appellant wished to make a presentation. Martha Law-Edwards, 1366 Pine Avenue, and William Larson, 1428 Pine Avenue, made a presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Planning Commission Minutes June 21, 2017 Page 3 Commissioner Siekmann disclosed that she drove the street. Commissioner Rodman disclosed that she is familiar with the area. Commissioner Montgomery disclosed that he has been to the area several times. Chairperson Segall disclosed that he also drove the street, observed and viewed the property on Google Maps. Ms. Harker gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Chairperson Segall asked if the Planning Commission has the ability and authority to put a condition on the lot split. Assistant City Attorney Ron Kemp clarified when the Planning Commission hears an appeal, it is heard de novo, which means that the Planning Commission hears the item a new. Mr. Kemp stated that if the Commission is going to uphold the appeal, they can add on a condition and it would become as part of the conditions from the City Planner’s decision. Commissioner Rodman asked if the condition would be part of the sale should the applicant sell the property. Mr. Kemp replied stating that the condition would run with the land if the applicant agrees to have it be part of the conditions of approval. Mr. Neu added that the Notice of Restriction that refers to the conditions would go into the title report which would alert the prospective buyer or owner that there are conditions that apply to the property. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Mark Dillon, Gatzke, Dillon and Balance, LLP, 2762 Gateway Avenue, made a presentation. Chairperson Segall asked if there were any questions for the applicant. Commissioner Montgomery asked if the owner’s intentions are for building a single family home. Mr. Dillon stated that he has only seen renderings and that they do not intend to do anything but to bring forth a set of plans that are consistent with the lot split, the conditions already imposed, and consistent with the new condition. Chairperson Segall asked if there were any other questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item and opened public testimony. Peter Taylor, 1351 Pine Avenue, shared his concerns with the unintended consequences of the appeal and urged the Commission to look deeply into what is possible so that the integrity of Pine Avenue is protected. Bill Bowden, 1199 Oak Avenue, shared his concerns with the developer illegally subdividing homes into apartments and stated that he has been deceiving the city. Chairperson Segall asked if any other member of the audience wished to address Agenda Item 1. Seeing none, he closed public testimony. DISCUSSION Commissioner Siekmann appreciates the applicant’s attorney for submitting a letter for conditions so that the neighbors can have something to rely on. She appreciates the compromise and in order for this to go forward, she can approve the denial of the appeal. Commissioner Black stated that he has a great deal of sympathy for the neighbors on Pine Avenue and he can approve the denial of the appeal as the findings are well stated. Planning Commission Minutes June 21, 2017 Page 4 Commissioner Rodman stated that she can also approve the denial of the appeal and hopes that the applicant would see fit to reimburse the appellant for their fees that they had to incur. Commissioner Montgomery stated that he is happy to approve the denial of the appeal with the conditions. Chairperson Segall concurs with his fellow Commissioners and thanked the community for coming. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7247 denying the appeal and upholding the City Planner’s decision to approve Minor Subdivision MS 16-05 based on the findings contained therein including the future home located on Parcel 1 of MS 16-05 shall be designed to comply with City Council Policies No. 44 and 66, as agreed to by the applicant of MS 16-05 and pursuant to the details presented in the letter dated June 19, 2017, from Gatzke Dillon & Balance, LLP. Specifically, the design of the future home shall comply with Points 1-4 and 9-18 of City Council Policy No. 44 and Point 1 of City Council Policy No. 66, to the satisfaction of the City Planner. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Anderson and Commissioner Goyarts ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 2. RECESS Chairperson Segall called for a 10-minute recess at 7:20 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 7:30 p.m. with all Commissioners present. Chairperson Segall asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. SDP 2017-0001/CDP 2017-0005 (DEV 2017-0015) – HOEHN PORSCHE – Request for approval of a Site Development Plan and Coastal Development Permit for the demolition of a 18,800 square foot auto dealership and the construction of a 71,614 square foot auto dealership, including a rooftop parking structure, located on a 1.51-acre lot at 6800 Avenida Encinas, within the Occidental-Jewitt Specific Plan, the Mello I Segment of the Local Coastal Program and Local Facilities Management Zone 22. The project site is not located within the appealable area of the California Coastal Commission. The City Planner has determined that this 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 15332 (In-fill Development Projects) of the state CEQA guidelines. Mr. Neu introduced Agenda Item 3 and stated Associate Shannon Harker would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Planning Commission Minutes June 21, 2017 Page 5 Commissioner Siekmann disclosed that she has been there many times. Ms. Harker gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Steve Horine, Horine Group, Suite F, 2190 Carmel Valley Road, Del Mar, stated that he would be available to answer any questions. Commissioner Siekmann asked about the energy quality of the windows. Mr. Horine stated that he anticipates all the glazing on the windows be dual glazed. Commissioner Montgomery asked if a similar look on the freeway side for advertisement and branding was considered. Mr. Horine replied that it was the decision of the manufacturer that the east elevation be treated differently. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item and opened and closed public testimony. Chairperson Segall asked if any issues caused by glare for the sunrise have been determined. Mr. Horine stated all metal surfaces are painted and are not highly reflective. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman that the Planning Commission adopt Planning Commission Resolution No. 7251 approving Site Development Plan SDP 2017-0001 and Coastal Development Permit CDP 2017-0005 based on the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Anderson and Commissioner Goyarts ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. AMEND 2017-0005 (DEV2017-0023) – VILLAGE MASTER PLAN AMENDMENT FOR DISTILLERIES AND RESTAURANTS – A request to recommend approval of an applicant-proposed amendment to the Village Master Plan and Design Manual to allow distilleries and restaurants as provisional uses within Land Use District 6 (outside the Coastal Zone) of the Village Review Zone and to add special provisional use standards for distilleries to the Master Plan. The City Planner has determined that the proposed amendments do not have a significant impact on the environment pursuant to Carlsbad Municipal Code Section 19.04.070 A.c.(1), which states “minor zone or municipal code amendments that do not involve physical modifications, lead to physical improvements beyond those typically exempt, or which refine or clarify existing land use standards” are specific actions considered not to have a significant effect on the environment. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Austin Silva would make the staff presentation. Mr. Kemp clarified that the item before the Planning Commission is a recommendation of an approval for two uses to be added to District 6 in the village. The matter will then go to the City Council with a recommendation for approval or denial, however; the final action will be the City Councils’. If the use is approved by the City Council, the applicant will have to apply for a Conditional Use Permit for a specific project. Mr. Kemp stated that the Planning Commission has received letters requesting that some Planning Commission Minutes June 21, 2017 Page 6 Commissioners recuse themselves from the hearing due to the perceived conflicts of interest. He clarified that the most common type of conflict of interest is when the Commission has a financial interest in the outcome of the matter, which does not appear to be the case tonight. A less common type of conflict can be based on the common law, or law that has been developed in the courts. Mr. Kemp stated that it is based on the premise that a public officer is impliedly bound to exercise the powers conferred on them with disinterested skill, zeal and diligence, and primarily for the benefit of the public. Mr. Kemp added that a Commissioner must be able to apply the laws, rules, regulations in a fair and unbiased matter. All Commissioners are aware of the rules in this regard and will make their own independent judgement as to their ability to meet this standard. He concluded stating that some citizens are concerned that the mayor has appointed each member to the Commission and therefore the Commissioners may be biased in this matter. Carlsbad Municipal Code 2.24020 states that the Planning Commission shall consist of seven members to be appointed by a majority vote of the City Council. Mr. Kemp concluded that he has reviewed all Agenda Bills for each of the Planning Commission appointments and stated that all members have been confirmed by a majority vote of the City Council. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Black stated that he is an owner and partner of an alcohol producing company and wished to express to the public and the Commission that he will not allow that to get in the way of making a proper vote on this item. Commissioner Black stated that his vote will be based on the findings, public testimony and Commission discussion. Commissioner Siekmann disclosed that she has driven through the district. Commissioner Rodman disclosed that she runs the route all the time. Commissioner Montgomery disclosed that he has been there several times. Chairperson Segall disclosed that he has gone through that area and stated that although he does assist the mayor in writing the State of the City comments every year for the Carlsbad Chamber of Commerce, he does not receive compensation from the mayor and feels comfortable in making a decision that is impartial. Mr. Silva gave a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Black asked where the nearest residential area is located. Mr. Silva stated adjacent to the project site on Tyler Street. Commissioner Siekmann asked if the San Marcos location is near a residential area. Mr. Silva replied no. Commissioner Montgomery asked who is proposing the amendment. Mr. Silva clarified that it is an applicant proposed amendment by Nicholas Hammond. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Nicholas Hammond, 3135 Tyler Street, made a presentation. Commissioner Black asked how the spent grain will be stored. Mr. Hammond replied stating that an air tight plastic tote will be used for storage that will then be transported to farms. Commissioner Black inquired about the amount of alcohol consumed for tasting. Mr. Hammond stated a total amount of an ounce and a half is allowed for educational tasting. Commissioner Siekmann asked how many people will be seated at the restaurant. Mr. Hammond replied under 49 occupants. She asked if it will be in the same area as the tasting. Mr. Hammond replied yes. Commissioner Siekmann inquired about the product that is made. Mr. Hammond stated whiskey, gin and Planning Commission Minutes June 21, 2017 Page 7 vodka. Commissioner Siekmann asked if the distilleries are located inside. Mr. Hammond replied yes, everything will be indoors and there will be outdoor fermentation tanks. Commissioner Montgomery asked what the applicant’s reason was for fast tracking the amendment rather than waiting for the approval of the Village and Barrio Master Plan. Mr. Hammond replied stating that the Village and Barrio Master Plan has been postponed multiple times, he wants to open for business as soon as possible and it is a good time for the industry. Chairperson Segall inquired about parking. Mr. Hammond stated that 24 parking spaces will be available on the adjacent lot that is part of the lease and an overflow into the automotive lot since the business will operate during off hours. Chairperson Segall asked about the hours proposed for operation. Mr. Hammond replied three days a week between lunchtime to 10:00 p.m. for dinner. Chairperson Segall asked if cocktails can be ordered with dinner. Mr. Hammond stated yes, with non-alcoholic beverages as well. Chairperson Segall asked how employees are educated on pouring alcoholic beverages. Mr. Hammond replied by providing training from the Licensee Education on Alcohol and Drugs (LEAD) offered by the Alcohol Beverage Control (ABC). Chairperson Segall asked if there were any further questions of the applicant. Seeing none, he asked if any member of the audience wished to address Agenda Item 4 and opened public testimony. The following speakers spoke in opposition of the project due to the potential approval of a distillery near the Boys and Girls club, a music school and a residential area, danger to the community’s youth, health and safety, traffic and parking, impact of a distillery or a bar in a neighborhood, hours of operation, compatibility and the quality of life, significant impact on the environment, risk the lives of children and toxic waste: Sean Kirkwood, 3514 Highland Drive Noel Breen, Olympia Drive Simon Angel, 3324 Tyler Street Patricia Amador, 3256 Lincoln Street Scott Engle, 4220 Isle Drive John Byrom, 1000 Vale Terrace Sue Stewart, 3975 Linmar Kim Trujillo, 1757 Andrea Avenue Erica Leary, 1000 Vale Terrace Kelly McCormick, 3413 Avenida de Sueno Hope Nelson, 2344 Jeffers Place Robin Hansen, 3514 Highland Drive Linda Breen, 2758 Olympia Jan Asaro, 7711 Quatasol Gloria Helmuth, 507 Pine Avenue Amanda Mascia, 3625 Amigos Court, Oceanside Kevin Krause, 1230 Stratford Lane Jodi Good, Suite 403, 2475 Jefferson Street Frank Helmuth, 507 Pine Avenue Laura Drelleshak, Basswood Jan Neff-Sinclair, Paseo Del Norte Planning Commission Minutes June 21, 2017 Page 8 The following speakers spoke in favor in the project: Casey Miles, Suite 104, 382 Enterprise Street, San Marcos Cindi Vigne, 3880 Hibiscus Circle Nicole Hammond, 908 Nardo Road, Encinitas Nick Schaller, 6961 Peachtree Road Adam Carruth, 3395 Tyler Street Larry Cambra, 7027 Columbine Drive Shelley Brown, 1741 Schooner Way Alexis Smith, 7201 Pintar Drive Chris Van Alyea, 3195 Tyler Street Peter Loyola, 505 Oak Avenue Gary Raskin, 3355 Ridgecrest Drive MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Montgomery, to extend the meeting until 10:30 p.m. The Commission voted 5-0-2 to extend the meeting. RECESS Chairperson Segall called for an 8-minute recess at 9:54 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 10:02 p.m. with all Commissioners present. Commissioner Black asked if there will be patron limitation. Mr. Hammond stated yes, the maximum occupancy will be under 49 persons. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Montgomery, to extend the meeting until 11:00 p.m. The Commission voted 5-0-2 to extend the meeting. Fire Marshal Randy Metz addressed the preliminary issues related to safety. He stated that the fire and building codes will be regulatory on the process of high volumes of flammable and combustible liquids. Mr. Metz stated that the mixed use facility for an occupancy classification, the aging process once the grain alcohol is placed into a cask would be a hazardous occupancy and subjected to the most stringent building and fire codes for that particular area to protect the residence and the adjacent buildings. He stated that the utilized machinery would be commercial grade distillery mechanical equipment subjected to all requirements as any other piece of machinery in Carlsbad. Because the distillery is producing a food product, the business would be subjected to the San Diego County Environmental Health as a food handler regulating the waste products. Mr. Metz concluded that they would also be subjected to an annual permitting process with the fire department in order to store flammable liquids. The fire department does not see any obstacles with the type of mixed use. Commissioner Rodman asked if there was a difference in the level of combustion between beer and hard liquors. Mr. Metz stated that beer is not considered a flammable liquid based on the alcohol content and volume while hard alcohol is. He stated that distilling and the storage of hard alcohol is a process that is highly regulated by the building and fire code, and has been done successfully throughout San Diego County and other jurisdictions. Commissioner Montgomery asked if the city would be better served if there were guidelines or an ordinance fashioned for distillery regulation. Mr. Metz stated that regulating the distilling process from a construction standpoint is done by the fire and building codes and the international code council that creates those model codes now is looking at creating a chapter that is specific to distilling to pull all the requirements that are found in different chapters of the code and put them in one location, not necessarily creating new codes and regulations. He does not feel an ordinance for the construction of a distillery process needs to be created provided that the fire and building codes are well versed in the requirements. Mr. Metz concluded Planning Commission Minutes June 21, 2017 Page 9 that if at any point during the technical review process, and the fire and building departments feel like additional technical consultation from industry experts is needed, the city will have the ability to require third party review of any processes at the applicant’s expense. Chairperson Segall asked if Narcotics and Vice Police Sergeant Scott Meritt foresaw any problems arising from the proximity of the residents and the Boys and Girls Club. Mr. Meritt responded no, because the existing gym currently operating across Tyler Street already generates traffic. He also indicated that any distillery and restaurant would most likely be primarily open when the Boys and Girls Club is closed. Commissioner Montgomery asked if there is an aspect of danger or an element that would follow a distillery and its compatibility. Mr. Merit acknowledged that alcohol can cause an unpredictable factor, but with the rules and regulations that would be in place, it would be a highly controlled business. Commissioner Rodman asked if Pizza Port operating in the proximity of the boys and girls club would have the same safety factors as a distillery. Mr. Meritt stated that he does not believe the project would impact the safety of the vicinity or any other types of service that Pizza Port would draw. Mr. Silva added that Pizza Port is classified as a restaurant and the city does not have the ability to limit the hours of operation. Commissioner Rodman inquired about the issues related to CEQA. Mr. Neu stated that because the item that is before the Commission is a Master Plan text amendment only, it was determined to be exempt from CEQA and any future project at a specific location would be evaluated to ensure that it complies with CEQA. Chairperson Segall asked about parking. Mr. Silva responded that when a new use replaces an existing use in an existing building, any additional parking required shall be provided to the extent that it can feasibly fit on the property, that the lot sizes of properties in District 6 are generally large enough to accommodate required parking on-site, and that parking will be evaluated in detail at the time of a future site-specific proposal. DISCUSSION Commissioner Rodman stated that she is in favor of the project based on the findings, especially with the Village and Barrio Master plan and design manual and the goals that it complies with which are paramount to the success of the downtown area thriving. Commissioner Black stated that he cannot support the item because goal one states that it wants to create an area where both the residents and visitors can enjoy as he has heard a lot of residents that cannot enjoy the use of a distillery, however; he supports the use of a restaurant. Commissioner Siekmann stated that she could support the item as is. Commissioner Montgomery stated that he sees Tyler Street assisting its transition in a different way other than a distillery proposal and added that a restaurant feels like a better transition, is more harmonious and compatible with the neighborhood. Chairperson Segall concurs with Commissioner Montgomery and stated that he struggles with the transition. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Rodman, to require fermentation tanks to be indoors. Planning Commission Minutes June 21, 2017 Page 10 MOTION ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Rodman that the Planning Commission adopt Planning Commission Resolution No. 7245 recommending approval of AMEND 2017-0005 based on the findings contained therein as amended. VOTE: 3-2-2 AYES: Chairperson Segall, Commissioner Rodman and Commissioner Siekmann NOES: Commissioner Black and Commissioner Montgomery ABSENT: Commissioner Anderson and Commissioner Goyarts ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. 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. Mr. Neu stated that given the lateness of the hour, staff is recommending that Agenda Item 5 be continued to a date certain of July 19, 2017. Chairperson Segall asked if any person in the audience wished to speak on the item and opened public testimony. Brooks Worthing, 305 Tamarack Avenue, local builder, commented that many people he works with prefer the maximum square footage of a second dwelling unit to be larger than 640 square feet. Chairperson Segall asked if any member of the audience wished to address Agenda Item 5. Seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission continue Agenda Item 5 to July 19, 2017. VOTE: 4-0-3 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery and Commissioner Rodman NOES: None ABSENT: Commissioner Anderson, Commissioner Goyarts and Commissioner Siekmann ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 5.