HomeMy WebLinkAbout2017-08-02; Planning Commission; MinutesPlanning Commission Minutes August 2, 2017 Page 1
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:00 p.m.
Date of Meeting: August 2, 2017
Place of Meeting: COUNCIL CHAMBER
CALL TO ORDER
Vice Chairperson Montgomery called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE
Commissioner Anderson led the Pledge of Allegiance.
ROLL CALL
Present: Vice Chairperson Montgomery, Commissioners Anderson, Rodman and Siekmann
Absent: Chairperson Segall, Commissioners Black and Goyarts
STAFF PRESENT
Don Neu, City Planner
Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary
Chris Garcia, Associate Planner Paul Dan, Associate Planner
Carl Stiehl, Associate Planner Jennifer Jesser, Senior Planner
Jason Geldert, Engineering Manager Richard Beck, Vice President, Michael Baker International
Laura Engeman, Director, San Diego Regional Climate Collaborative Brian Leslie, Coastal Scientist, Moffatt & Nichol
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
APPROVAL OF MINUTES Vice Chairperson Montgomery stated that the approval of minutes will be continued to the next Planning
Commission meeting due to a failure to attain a quorum. PLANNING COMMISSION PUBLIC HEARING
Vice Chairperson Montgomery asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1.
Commissioner Anderson stated that she would have to recuse herself from the item as she owns property
within 600 feet of the project site.
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1. CDP 2017-0029 (PUB17Y-0019) – PARK & TAMARACK DRAINAGE IMPROVEMENTS – Request for approval of a Coastal Development Permit to construct approximately 3,068
linear feet of reinforced concrete storm water pipe, 11 storm drain inlets and fixtures within the Mello II segment of the City’s Coastal Zone located within the public rights-of-way on
Tamarack Avenue, Park Drive and Monroe Street within Local Facilities Management Zone 1. The project is appealable to the California Coastal Commission per Section
30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project costing $100,000 or more is
appealable to the Commission. On August 5, 2008, the City Council adopted Resolution No. 2008-229 certifying an Environmental Impact Report (EIR) for the Drainage Master
Plan Update (EIR 04-02). This project is a sub-component (BCA) of the Drainage Master Plan and was analyzed in the EIR (Table 4.1.2). The analysis stated impacts in the
Coastal Zone during construction activities would be short term and minimized with implementation of the applicable project design features/methods and construction
measures identified in Table 3-6 of the project EIR. The project has been conditioned to implement these mitigation measures and the project is within the scope of the prior
environmental document and no further environmental documentation is required per CEQA Guidelines Section 15162.
Mr. Neu stated staff is recommending that Agenda Item 1 be continued to a date certain of August 16, 2017
due to a failure to attain a quorum.
Vice Chairperson Montgomery 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. CT 2017-0002/PUD 2017-0001 (DEV2017-0021) – TYLER STREET RESIDENCES –
Request for approval of a Tentative Tract Map and Planned Development Permit to allow development of an eight-unit, residential air-space condominium project on a 0.34 acre
site located at 3337 Tyler Street, within 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 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not have any adverse significant impact
on the environment.
Mr. Neu introduced Agenda Item 2 and stated Associate Planner Chris Garcia would make the staff presentation.
Mr. Garcia gave a presentation and stated he would be available to answer any questions.
Vice Chairperson Montgomery asked if any of the Commissioners have ex parte communications to
disclose for this item. Seeing none, he asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation.
Paul Chandler, Suite 600, 6080 Center Drive, Los Angeles, made the presentation and stated he would be
available to answer any questions.
Vice Chairperson Montgomery asked if there were any questions for the applicant.
Commissioner Anderson asked if the properties are going to be sold individually. Mr. Chandler replied yes, they are townhome condominiums.
Vice Chairperson Montgomery 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 public testimony.
The following speakers spoke in favor of the project:
Carlos Alvarado, 356 Dorsey Way, Vista Gil Alvarado, 3331 Tyler Street
Nicholas Alvarado, 3331 Tyler Street George Alvarado, 185 Evergreen Parkway, Oceanside
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Vice Chairperson Montgomery asked if there were any other members of the audience who wished to speak on Agenda Item 2. Seeing none, he closed public testimony.
MOTION
ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Anderson
that the Planning Commission adopt Planning Commission Resolution No. 7256
approving Tentative Tract Map CT 2017-0002 and Planned Development Permit PUD 2017-0001, based upon the findings and subject to the conditions contained therein.
VOTE: 4-0-3
AYES: Vice Chairperson Montgomery, Commissioner Anderson, Commissioner Rodman
and Commissioner Siekmann
NOES: None
ABSENT: Chairperson Segall, Commissioner Goyarts and Commissioner Black
ABSTAIN: None
Vice Chairperson Montgomery closed public hearing on Agenda Item 2, asked Mr. Neu to introduce the
next item and opened the public hearing on Agenda Item 3.
3. CDP 2017-0015/NCP 2017-0002 (DEV2017-0049) – 7109 DAFFODIL REMODEL – Request for approval of a Coastal Development Permit and a Nonconforming
Construction Permit to allow for the addition of 1,805 square feet of habitable space to an existing single-family residence that is a legal nonconforming structure due to inadequate
side yard setback within the Mello II Segment of the City’s Local Coastal Program located at 7109 Daffodil Place within Local Facilities Management Zone 4. The project site is 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(e)(2) existing facilities of the state CEQA Guidelines.
Mr. Neu introduced Agenda Item 3 and stated Associate Planner Paul Dan would make the staff
presentation.
Vice Chairperson Montgomery asked if any of the Commissioners have ex parte communications to disclose for this item. Seeing none, Mr. Dan gave a brief presentation and stated he would be available to
answer any questions.
Vice Chairperson Montgomery asked if there were any questions of staff.
Commissioner Anderson asked if the project would come before the Planning Commission if it were not non-conforming on the existing property. Mr. Dan replied yes, as a regular Coastal Development Permit.
Vice Chairperson Montgomery asked if there were any questions for the applicant. Seeing none, he asked
if any person in the audience wished to speak on the item and opened public testimony.
Kevin Donahue, 1014 Daisy Court, shared his concerns with his privacy rights, drainage issues, and stated that he would like to review the project’s landscaping plans to keep privacy available to his property which
is below the subject property.
Vice Chairperson Montgomery asked if the project requires a Best Management Practice and Stormwater plan on the site plan. Engineering Manager Jason Geldert stated that the project is a standard project for
Stormwater Quality purposes and the applicant is required to implement low impact development features.
Planning Commission Minutes August 2, 2017 Page 4
Commissioner Siekmann asked if a condition would be required to address the concern regarding a landslide prior to construction. Mr. Geldert stated that a condition would not be necessary as the stability
of slopes are addressed in a soils report.
Vice Chairperson Montgomery asked if the applicant could respond to the issues raised and closed public testimony.
David Deisinger, 7109 Daffodil Place, responded to issues related to drainage and views.
MOTION
ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Anderson
that the Planning Commission adopt Planning Commission Resolution No. 7257 approving Coastal Development Permit and Nonconforming Construction Permit
CDP 2017-0015/NCP 2017-0002 based upon the findings and subject to the conditions contained therein.
VOTE: 4-0-3
AYES: Vice Chairperson Montgomery, Commissioner Anderson, Commissioner Rodman
and Commissioner Siekmann
NOES: None
ABSENT: Chairperson Segall, Commissioner Goyarts and Commissioner Black
ABSTAIN: None
Vice Chairperson Montgomery 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. CT 16-03/RP 16-09/CDP 16-16 (DEV16019) – BEACH VILLAGE LIFE 1 MIXED USE – Request for a recommendation of approval of a Tentative Tract Map, Major Review
Permit, and Coastal Development Permit for the construction of a hotel, spa, retail, and residential condominium project on the south side of Christiansen Way in Land Use
District 1 of the Village Review zone and within Local Facilities Management Zone 1.
Mr. Neu introduced Agenda Item 4 and stated Associate Planner Chris Garcia would make the staff presentation.
Mr. Garcia gave a presentation and stated he would be available to answer any questions.
Vice Chairperson Montgomery asked if any of the Commissioners have ex parte communications to
disclose for this item.
Commissioner Anderson disclosed she has driven by the site.
Commissioner Siekmann disclosed that she has been by the site many times.
Commissioner Rodman disclosed she gets her water by the site.
Vice Chairperson Montgomery asked if there were any questions of staff.
Commissioner Anderson asked about the trash chute and how the trash area in the parking lot works. Mr. Garcia replied the trash in the parking garage is accessed by a waste management company with special
vehicles that can go inside the garage. Commissioner Anderson asked if the parking lot to the south of the property is designated for public parking. Mr. Garcia replied stating that the parking lot is privately owned.
Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant
wished to make a presentation.
Mike Howes, Howes, Weiler & Associates, Suite 217, 2888 Loker Avenue East, assisted by Bill Davidson and Robert Richardson, Karnak Planning & Design, 614 Calle Vicente, San Clemente, made a presentation.
Planning Commission Minutes August 2, 2017 Page 5
Commissioner Anderson asked why the project is for mixed use. Mr. Davidson stated that he thinks it is the model for the future. He has a personal preference and would prefer a village life scene that combines
residential with services. Commissioner Anderson asked if there were any issues for financing permanent residences in a mixed use project. Mr. Davidson stated no.
Commissioner Rodman asked if the condominium on the same floor as the hotel is a fair explanation and
how Mr. Davidson sees it working. Mr. Davidson stated that the second floor condominium is designed to be a part of the hotel and health resort that will be available for short term rental use in, effectively a
presidential suite for the hotel. Mr. Davidson added that the other eight condominiums will be a part of a Homeowner’s Association (HOA) with strict rental restrictions.
Vice Chairperson Montgomery asked if the intent is to operate the condominium as a rental facility. Mr.
Davidson clarified that it may be sold to the hotel entity for use as a rental facility.
Vice Chairperson Montgomery asked if any member of the audience wished to address Agenda Item 4 and opened public testimony.
John Prietto, 2760 Carlsbad Boulevard, stated that after reviewing the project, he is excited about the
project and supports it.
Libby Knapp, 3609 Laredo, shared concerns with the number of high density projects coming to the Village.
Vice Chairperson Montgomery asked if there were any other members of the audience who wished to speak on Agenda Item 4. Seeing none, he closed public testimony.
DISCUSSION
Commissioner Siekmann stated that she is very excited about the project and thanked the applicant for
coming to Carlsbad.
Vice Chairperson Montgomery thanked Mr. Richardson for the architectural design and stated that he likes how the project fits with the Village character. Vice Chairperson Montgomery added that the project speaks
to protecting the climate and a location where it is next to a multi-modal transportation facility with transportation options to go in multiple directions.
MOTION
ACTION: Motion by Commissioner Siekmann and duly seconded by Commissioner Rodman
that the Planning Commission adopt Planning Commission Resolution No. 7248 recommending approval of Tentative Tract Map CT 16-03, Major Review Permit RP
16-09, and Coastal Development Permit CDP 16-16 to the City Council based on the findings and subject to the conditions contained therein.
VOTE: 4-0-3
AYES: Vice Chairperson Montgomery, Commissioner Anderson, Commissioner Rodman
and Commissioner Siekmann
NOES: None
ABSENT: Chairperson Segall, Commissioner Goyarts and Commissioner Black
ABSTAIN: None
Vice Chairperson Montgomery 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.
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5. DEV 15-061 – OVERVIEW OF SEA LEVEL RISE VULNERABILITY ASSESSMENT – Staff presentation, Planning Commission discussion and feedback to staff on the Sea
Level Rise Vulnerability Assessment (attached to this report and available at http://www.carlsbadca.gov/services/depts/planning/coastal/sealevel.asp). The City
Planner has determined that preparation of the assessment does not involve or result in any disturbance to the environment, and it is therefore categorically exempt from
environmental review per CEQA Guidelines Section 15306.
Mr. Neu introduced Agenda Item 5 and stated Associate Planner Carl Stiehl would make the staff presentation.
Mr. Stiehl assisted by Richard Beck, Vice President, Michael Baker International, Laura Engeman, Director,
San Diego Regional Climate Collaborative and Brian Leslie, Coastal Scientist, Moffatt & Nichol gave a presentation and stated they would be available to answer any questions.
Vice Chairperson Montgomery asked if any member of the audience wished to address Agenda Item 5 and
opened public testimony.
Maryanne Vinney, 2796 James Drive, asked if tidal flushing from the Buena Vista Lagoon could provide beach nourishment.
Vice Chairperson Montgomery asked if there were any other members of the audience who wished to speak
on Agenda Item 5. Seeing none, he closed public testimony.
Mr. Leslie stated that there is a weir in place at the Buena Vista Lagoon that is impeding sediment flow to the beaches.
Commissioner Anderson asked if Carlsbad is actively meeting with other coastal cities. Mr. Stiehl stated
yes, a monthly meeting is held to discuss beach nourishment, sea level rise and how the beaches are doing from the El Nino. Commissioner Anderson stated that she would like to see the city plan ahead of time for
coastal development near Carlsbad Boulevard, Tamarack and Ponto beach areas.
Commissioner Rodman asked if the city has considered purchasing a machine that dredges the lagoons to replenish sand. Mr. Leslie replied stating that SANDAG had at one-time thought of purchasing a dredge
that would cost $10 million to mobilize and would have to be continuously utilized.
Commissioner Anderson commented that a port of Los Angeles mitigation paid for the dredging of the Agua Hedionda Lagoon. Mr. Beck stated that there are different programs such as in lieu fee that the city could
collect as mitigation measures that would go into the dredging fund, although the equipment is not purchased.
DISCUSSION
Commissioner Siekmann added that triggers are happening now as huge places of erosion are evident
from major storms. She stated that an action must be taken immediately near Coast Highway because the city has been given a clue that erosion is dangerous. Commissioner Siekmann believes that lawsuits are
expected to arise and suggests certain things must be addressed now. She stated that it is important to coordinate the effort with the County of San Diego, the State of California and other coastal cities to
minimize major reactions. Commissioner Siekmann asked what actions Carlsbad can take to help stop man made climate change so that the sea level rise might not be as severe. Commissioner Siekmann
concluded stating that the information should be communicated to the citizenry. Ms. Engeman commented that a team of lawyers have looked at adaptation strategies, the legal risk for cities and the risk of not taking
any action.
Vice Chairperson Montgomery commented that in his view, the risks of the citizens and city assets are all storm related. He understands that the risk is based on the models that the international scientists have
agreed on. Vice Chairperson Montgomery stated that he does not want to recommend draconian measures within the Local Coastal Program and zoning updates. He loves the sand replenishment and stated that
he is not a proponent of armoring the coast. Vice Chairperson Montgomery concluded that city resources could be evaporated if all the adaptation strategies are not measured.
Planning Commission Minutes August2,2017 Page 7
Mr. Beck stated that triggers and thresholds are more for future planning as it prevents panic and added
that everyone would not be implementing adaptations at once.
Commissioner Anderson added that the bluffs are replenishing the beaches downstream as they erode and
it would be worthwhile to communicate with the public.
Vice Chairperson Montgomery closed the public hearing on Agenda Item 5.
COMMISSION COMMENTS
None.
CITY PLANNER COMMENTS
None.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of August 2, 2017 was adjourned at
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DON NEU
City Planner
Farah Nisan
Minutes Clerk