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HomeMy WebLinkAbout2017-08-16; Planning Commission; MinutesPlanning Commission Minutes August 16, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: August 16, 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 Montgomery led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Chris Garcia, Associate Planner Paul Dan, Associate Planner Scott Donnell, Senior Planner Cliff Jones, Senior Planner Teri Delcamp, Principal Planner Jason Geldert, Engineering Manager Gary Barberio, Assistant City Manager Lisa Westwood, Ecorp Consulting, Inc. APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of June 21, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of June 21, 2017. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Anderson and Commissioner Goyarts Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of July 19, 2017. Planning Commission Minutes August 16, 2017 Page 2 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black to approve the minutes of the Regular Meeting of July 19, 2017. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Montgomery NOES: None ABSENT: None ABSTAIN: Commissioner Rodman and Commissioner Siekmann PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Greg Corso, 4925 Park Dive, shared his concerns with traffic, noise and high density development of the proposed Marja Acres project on his Park Drive neighborhood. PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 2. 2. CDP 2017-0023 (DEV2017-0075) – SHERIDAN PLACE SINGLE FAMILY RESIDENCE – Request for approval of a Coastal Development Permit to allow construction of a two-story 2,852 square foot single family residence and 441 square foot garage within the Mello II Segment of the City’s Coastal Program located on the west side of Sheridan Place within 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 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 15303(a) construction of a single-family residence of the State CEQA Guidelines. Mr. Neu stated staff is recommending that Agenda Item 2 be continued to a date certain of September 6, 2017 subject to re-noticing. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman that the Planning Commission continue Agenda Item 2 to a date certain of September 6, 2017 subject to re-noticing. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. Planning Commission Minutes August 16, 2017 Page 3 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. Commissioner Anderson stated that she would like to recuse herself from Agenda Item 1. 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 Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7258 approving Coastal Development Permit CDP 2017-0029 based upon the findings and subject to the conditions contained therein. VOTE: 7-0-1 AYES: Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Anderson Chairperson Segall closed public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. CUP 11-07X1 (DEV11047) – SDG&E NORTH COAST OPS CENTER – Request for the first time extension of CUP 11-07 (CUP 11-07X1) to allow the continued operation of a 2,850 square foot temporary mobile building on the 16.37-acre SDG&E site located at 5016 Carlsbad Boulevard in the Agua Hedionda Segment of the Local Coastal Program and in Local Facilities Management Zone 3. Mr. Neu stated Agenda Item 3 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 3. Planning Commission Minutes August 16, 2017 Page 4 Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. 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. 7259 recommending approval of the first five-year time extension of CUP 11-07 (CUP 11-07X1) based upon the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None 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 2017-0003/CUP 2017-0002 (DEV01024) – LA COSTA TOWN SQUARE BUILDING 5 THEATER – Request for approval of a Site Development Plan Amendment and Conditional Use Permit to allow a movie theater with bar/cocktail lounge and a 6.7 percent parking reduction in place of a previously approved retail drug store on Building Pad 5 of the La Costa Town Square shopping center located at 3434 Via Mercato near the intersection of La Costa Avenue and Rancho Santa Fe Road within Neighborhood 13A of the La Costa Master Plan and Local Facilities Management Zone 11. The City Planner has determined that the potential environmental effects of the project were adequately analyzed by the previously certified Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for the construction of La Costa Town Square (EIR 01-02). Mr. Neu introduced Agenda Item 4 and stated Associate Planner Paul Dan would make the staff presentation. Commissioner Anderson disclosed that she has been to the site. Commissioner Black disclosed that he has seen the site many times. Commissioner Goyarts disclosed that he has been to the site many times and has viewed it on Google Earth. Commissioner Siekmann disclosed that she has been to the site. Commissioner Rodman disclosed that she has also been to the site. Commissioner Montgomery disclosed that he has been to the site several times. Chairperson Segall disclosed that he has been to the site. Mr. Dan gave a presentation and stated he 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. Tom Fitzpatrick, TRC Retail, Suite 700, 4695 MacArthur Court, Newport Beach, stated he would be available to answer question. Planning Commission Minutes August 16, 2017 Page 5 Commissioner Montgomery asked how LED lighting on the pedestrian sidewalk is actuated. Mr. Fitzpatrick replied stating that the intent is to have it pedestrian activated by pressing a button. Commissioner Black asked if the theater style would be the same as Cinepolis Movie Theaters. Mr. Fitzpatrick stated that a higher level of service is anticipated that would be fitting for the La Costa Town Square. Commissioner Montgomery asked if there is any thought to expand the La Costa Town Square center and increasing any future pads within the parking areas. Mr. Fitzpatrick replied stating that the intent is to complete the shopping center and focus on a better merchandizing mix. Commissioner Anderson asked how many seats a luxury theater would potentially have. Mr. Fitzpatrick replied 850 seats with a goal to create the framework to be successful. Commissioner Anderson asked if fewer seats would change the parking requirement. Mr. Dan stated no. Mr. Neu clarified that the parking requirement is based on the number of seats. Therefore, the parking requirement will be less if fewer seats are provided. 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. Seeing none, Chairperson Segall closed public testimony. DISCUSSION Commissioner Montgomery applauds the proposal and believes that it is much needed for the La Costa Town Square center. He sees nothing but a positive trajectory and commented that he can support the project. Commissioner Anderson stated that it is a nice center, appreciates the curb appeal and the supporting letters received from the neighbors regarding a movie theater application. Commissioner Goyarts stated that a movie theater is a great addition to the community and he can support the project. He added that the traffic flow from Rancho Santa Fe Road and Via Mercato could be improved. Chairperson Segall stated that he would like to see a better use for the facility and agrees that a theater is appropriate for the location as it keeps revenue in Carlsbad. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7261 approving Site Development Plan Amendment AMEND 2017-0003 and Conditional Use Permit CUP 2017-0002 based on the findings and subject to the conditions contained therein as amended. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None 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. Planning Commission Minutes August 16, 2017 Page 6 5. SS 16-06 – DRAFT CARLSBAD TRIBAL, CULTURAL AND PALEONTOLOGICAL RESOURCES GUIDELINES – Presentation and discussion of the draft Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines. The draft Guidelines document is a comprehensive update to the 1990 Carlsbad Cultural Resource Guidelines, which was prompted by the City Council’s adoption of Council Policy No. 83, Tribal Cultural Resource Protection. A presentation on the draft Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines has been determined to be exempt from environmental review per CEQA Guidelines Section 15262 – Planning Study. Mr. Neu introduced Agenda Item 5 and stated Principal Planner Teri Delcamp assisted by Lisa Westwood, Ecorp Consulting, Inc. would make the staff presentation. Ms. Delcamp and Ms. Westwood gave a presentation and stated they would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Siekmann asked for the difference between a CEQA project and a project that requires monitoring but is not a CEQA project. Ms. Delcamp replied a standard condition of approval that would require the monitoring would be applied depending on the situation. Commissioner Montgomery asked if the majority body of the resources guidelines is about tribal resources. Ms. Westwood replied yes, there is a greater emphasis on tribal cultural resources than the original guidelines. Commissioner Montgomery asked who identifies that the resource is a Luiseño Indian or directly under the San Luis Rey Band of Mission Indians. Ms. Westwood stated that state law reads only the California Native American tribes that are culturally affiliated with the area are qualified to make that determination. Commissioner Montgomery asked how a Luiseño Indian monitoring a cultural site is ensured to be a Luiseño Indian and what are their qualifications to know if the site is significant. Ms. Westwood replied stating that it is up to the tribe to determine a representative. Commissioner Black asked what types of paleontology regulations ensure that a project is not delayed when a site is identified. Ms. Westwood commented that the mitigation for that process is collection and curation of the fossils. She stated that paleontology is not related to humans or human occupation, therefore work stoppage is not required. Commissioner Rodman asked how training is going to take place for staff. Ms. Delcamp replied Ms. Westwood has provided training on the AB 52 procedures and will also outline working through the guidelines to train staff on finds in the field. Commissioner Montgomery asked if the Commission will see a significant increase and standard Environmental Impact Reports (EIRs) for projects due to triggers. Ms. Westwood confirmed when CEQA was amended by the passage of AB 52, it said that a significant impact on a tribal cultural resource constitutes the significant effect on the environment. Commissioner Montgomery asked if the local tribe is well versed in the resources and the impacts. Ms. Westwood replied yes, they are professionals. Chairperson Segall asked how certain areas in Carlsbad are determined to be more significant than others. Ms. Westwood clarified not all maps city staff have access to are shown in the guidelines document and archeological sensitivity maps are not provided in a public document. Chairperson Segall asked what kinds of significant findings have been found in Carlsbad. Ms. Westwood replied human remains have been unearthed during project construction that were determined to be Native American. Other findings that come up regularly are old foundations, old roads and other older features, artifact scatters, the remains of chipped stones, metal and glass. Chairperson Segall inquired about burial ground timing. Ms. Westwood replied stating that they cannot go back as far as humans have been walking in the area. She added that knowledge about humans being in the area is about 10,000 years ago. Chairperson Segall asked if there are mitigation measures to relocate a project when a burial ground is found. Ms. Westwood stated when human remains are found, a county medical examiner or a coroner will have to determine whether or not it is the result of a crime scene or if it represents a Native American. If it represents a Native American, a medical examiner or a coroner would have to call the Native American Heritage Commission and they will have to identify a most likely descendant. Ms. Westwood added that the most likely descendant will have 48 hours to make recommendations to the land owner about what to do with the remains. She concluded Planning Commission Minutes August 16, 2017 Page 7 stating if a decision cannot be made or if the recommendations are not palatable after 48 hours, the land owner has the ability to move forward and rebury the remains in an area that is not subject to future disturbance and record a reinternment record with the San Diego County Assessor's office. Commissioner Goyarts asked if the best practice for ground scanning is for technology to try to find remains before ground is disturbed. Ms. Westwood replied that there are a number of types technology that can be used with different results such as ground penetrating radar and LIDAR, which is a laser in a low flying aircraft measuring distance. Chairperson Segall asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Segall opened and closed public testimony on Agenda Item 5. DISCUSSION Commissioner Anderson commented that the legend on the historical sensitivity model is not legible and asked if it will be different in the final report. Ms. Westwood replied stating that it is intentional for the purposes of the resources guidelines document and city staff will be provided large format plotted maps. Commissioner Anderson added that the historical part of the resources guidelines document was interesting and hopes to see it available to school students and local libraries. Commissioner Anderson asked if the San Luis Rey Mission Band of Indians is all six of the Soboba Band of Luiserio Indians tribes. Ms. Westwood replied no, the Soboba Band of Luiserio Indians tribes is a larger cultural area and individual tribes such as the San Luis Rey Band of Mission Indians are within the Luiserio tribe. Chairperson Segall suggests a family tree or an org chart to help familiarize with the tribes. Commissioner Siekmarin stated that she appreciates the cultural resources guidelines report. Commissioner Rodman commends staff for the thoughtful process. Chairperson Segall closed the public hearing on Agenda Item 5. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS Mr. Kemp informed the Planning Commission that a Notice of Intent to Sue on the Pacific Wind project from the Carlsbad Alliance for Responsible Development has been received. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of August 16, 2017 was adjourned at [~ DON NEU City Planner Farah Nisan Minutes Clerk