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HomeMy WebLinkAbout2017-09-06; Planning Commission; MinutesPlanning Commission Minutes September 6, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: September 6, 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 Goyarts led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman and Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Sarah Cluff, Senior Office Specialist Chris Garcia, Associate Planner Paul Dan, Associate Planner Greg Fisher, Associate Planner Pam Drew, Associate Planner Jeremy Riddle, Associate Engineer APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of August 2, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of August 2, 2017. VOTE: 4-0-3 AYES: Commissioner Anderson, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Chairperson Segall, Commissioner Black and Commissioner Goyarts Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of August 16, 2017. Planning Commission Minutes September 6, 2017 Page 2 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman to approve the minutes of the Regular Meeting of August 16, 2017. 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 PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Christine Wright, 4902 Via Arequipa, provided a handout to the Commission and stated her concerns with traffic, and high density development of the proposed Marja Acres project on her Park Drive neighborhood. PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Items 1, 2, 3 and 4. 1. 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. 2. CDP 2017-0016 (DEV2017-0050) – ALLEN ADDITION – Request for approval of a Coastal Development Permit to allow for the addition of 660 square feet of habitable space to an existing single-family residence within the Mello II Segment of the City’s Local Coastal Program located at 4809 Refugio Avenue 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 15301(e)(1) interior and exterior alterations and additions to an existing structure of the state CEQA Guidelines. 3. CDP 2017-0017 (DEV2017-0055) – STEVENSON ADDITION – Request for approval of a Coastal Development Permit to allow for the addition of 816 square feet of habitable space to an existing single-family residence and a workshop addition to the existing garage within the Mello II Segment of the City’s Local Coastal Program located at 4915 Neblina Drive 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 15301(e)(1) interior and exterior alterations and additions to an existing structure of the state CEQA Guidelines. Planning Commission Minutes September 6, 2017 Page 3 4. CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE – Request for approval of a Coastal Development Permit, a Non-Conforming Construction Permit and Minor Variance to allow for the demolition of an existing residence and the construction of a new 2,579 square foot single-family residence with two attached one- car garages within the Mello II Segment of the city’s Local Coastal Program located at 221 Normandy Lane 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 Sections 15303(a), construction of a single-family residence, and Section 15305, minor alterations in land use limitations, of the state CEQA Guidelines. Mr. Neu stated Agenda Items 1, 2, 3 and 4 would normally be heard in a public hearing context; however, the projects appear 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 consent items. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 1, 2, 3 and 4. Chairperson Segall asked if any member of the audience wished to address Agenda Items 1, 2, 3 and 4. 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. 7260 approving Coastal Development Permit CDP 2017-0023 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 ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7264 approving Coastal Development Permit CDP 2017-0016 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 Planning Commission Minutes September 6, 2017 Page 4 ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7263 approving Coastal Development Permit CDP 2017-0017 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 ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7262 approving Coastal Development Permit CDP 2017-0009, Non-Conforming Construction Permit NCP 17-0001, and Minor Variance AV 2017-0001, based upon 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 Items 1, 2, 3 and 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. SUP 06-10X2(A) (DEV06068) – AGUA HEDIONDA OUTER LAGOON MAINTENANCE – Request for approval for a retroactive five year extension and amendment of a Floodplain Special Use Permit to allow for periodic maintenance dredging of the Agua Hedionda Outer Lagoon (that portion of the lagoon adjacent to the ocean between Carlsbad Boulevard and the railroad track trestles), and the placement and quantities of the dredged sand, as suitable, to the north and south of the inlet jetty within the Agua Hedionda Segment of the city’s Local Coastal Program, where the California Coastal Commission (CCC) has retained coastal development permitting authority. The sand dredge and receiver sites are located in the city’s Local Facilities Management Zone 1. 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 15304(g), which specifically exempts maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies of the state CEQA Guidelines. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Pam Drew would make the staff presentation. Commissioner Rodman stated that she would like to recuse herself as NRG Energy sits on the board of directors for the Agua Hedionda Lagoon Foundation of which she is the Executive Director. Commissioner Siekmann stated that she would also like to recuse herself due to a conflict of interest in that she has been actively involved in opposing the new power plant on the adjacent property. Commissioner Goyarts disclosed that he has been to the Agua Hedionda Lagoon many times and has witnessed lagoon maintenance at other lagoons in North County. Planning Commission Minutes September 6, 2017 Page 5 Commissioner Montgomery disclosed that he has frequented the Agua Hedionda Lagoon many times. Chairperson Segall disclosed that he has also been to the lagoon in the past. Ms. Drew gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Goyarts asked if the city has evaluated using excess material for other areas and if NRG Energy would be open to it. Ms. Drew stated that the sand carrying capacity would not last long and the best protection is the rip rap. Commissioner Goyarts asked if Carlsbad has considered artificial dunes like other cities in North County. Ms. Drew stated no. Commissioner Anderson asked why the permit would be retroactive and why it was not applied for before it expired if it needed to be continuous. Ms. Drew replied that the city asked for an updated report. She stated that the applicant applied for permits months before the expiration date, however; Dr. Jenkins, Scripps Institution of Oceanography, was busy therefore it took the applicant almost a year to get an updated report. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. George Piantka and Sheila Henika, NRG Energy, Suite 200, 57990 Fleet Street, stated they would be available to answer question. Chairperson Segall asked if there were any questions for the applicant. Commissioner Goyarts asked if NRG Energy would be open to relocating sand to another location. Mr. Piantka replied stating that he has not seen a request or a proposal from the city. Chairperson Segall asked what the process is like during dredging and what parts of the beach would be opened and closed. Ms. Henika replied NRG Energy is required to get a California State Parks Right of Entry permit addressing public safety, signage and fencing. Commissioner Anderson asked how the dredging operation requirements change with the change of the power plant. Mr. Piantka clarified that the Encina Power Station receives ocean water through the lagoon for cooling purposes and the compliance for the station was extended to the end of 2018. The lagoon is also used by Poseidon Water, and as the operator of the station, NRG Energy would support efforts in continuing dredge requirements to continue in the outer lagoon. Commissioner Anderson asked if caulerpa taxifolia could be found. Ms. Henika replied stating that NRG Energy is required to do a caulerpa taxifolia survey prior to dredging. She stated that it has never been found on the outer part of the lagoon and that it would have to be addressed with the local agencies for a determination if found. 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. Scott Engel, 4220 Isle Drive, J Cannon, Park Drive, Jan Neff-Sinclair, 6703 Paseo Del Norte and Linda Schlesinger, 2237 Cameo Road, ceded their time to Mary Anne Viney, 2796 James Drive. Ms. Viney stated that the lagoon has been listed by the Regional Board as polluted for sediment toxicity and does not agree with putting dredged-up, contaminated sediments on public beaches without testing them for toxicity as a precautionary step to protect public health, safety and the beach environment. Ms. Viney added that the risk to public health is unknown and the risk of adversely impacted ocean habitat if dredged toxic sediments reach the surf zone is real. Amanda Mascia, 3625 Amigos Court, Oceanside, shared her concerns with lagoon dredging sediment toxicity found on the inner lagoon. Planning Commission Minutes September 6, 2017 Page 6 Mr. Neu commented that the city has an extensive water quality program and NRG Energy is required to get several permits from different agencies who are experts and mandated to deal with issues regarding toxicity testing. Associate Engineer Jeremy Riddle explained that the city is currently using the 2010 version of the 303D listing. There were updates that were done in 2014 however; the Environmental Protection Agency (EPA) would have to approve it for it to become effective for all agencies to implement at the local level. Mr. Riddle added that the 303D listing from 2010 does not list the Agua Hedionda Lagoon and there is a long process that the listings go through several agencies to the state and ultimately to the EPA. Mr. Riddle concluded stating that the city has a Jurisdictional Runoff Management Plan that sets up a framework for the city on different levels that monitor all of the outfalls and new requirements. Commissioner Anderson asked if the city is not capable to test for toxicity, then the state or federal organizations would monitor and test for toxicity. Mr. Riddle agrees that the city relied on experts, similar to those used for biologic studies that are required for resource agency permits, are relied upon to regulate toxicity testing and monitoring. Commissioner Anderson asked if it can be assured that there will be testing done. Mr. Riddle stated that the decision might lay with the resource agencies to determine if testing would be needed based on the 303D listing that has not fully been adopted by the EPA. Commissioner Anderson asked if those that made the toxicity comments would have to go to the state for toxicity testing consideration. Mr. Riddle stated yes. Chairperson Segall asked if the applicant could address the toxicity issue raised. Mr. Piantka clarified that NRG Energy is working with the Army Corp of Engineers, Regional Water Quality Control Board, California Coastal Commission, State Lands Commission and the State Parks department. He stated that the sediment sampling analysis plan is a requirement of the Army Corp of Engineers permit that includes sample testing for title 22 metals, pesticide organic and inorganic sediments. Chairperson Segall asked if NRG Energy would support a condition addressing toxicity testing. Mr. Piantka stated that it would be addressed in the plans provided to the Army Corp of Engineers and other agencies that would evaluate the necessity for any additional analysis. Commissioner Anderson asked if the other agencies would require toxicity testing of the outer lagoon before dredging. Mr. Piantka clarified that the Army Corp of Engineers would analyze sediment quality and the chemistry of the organic and inorganic chemicals. Commissioner Anderson asked if it would not be compatible with other agencies indicating that the Commission supports toxicity testing. Mr. Piantka replied that it would be supplemental to what they have historically required. Mr. Kemp commented that the item before the Commission for approval is from Chapter 21.110 of the zoning code and the Commissions power derives from their ability to control floodplain management, health and safety, and keeping the area from flooding through the General Plan and zoning. He added that there will be multiple permits issued for the project and the water quality issues are beyond the Commissions jurisdiction. Mr. Kemp clarified that there will be other agencies that will be permitting and looking into the toxicity question. Mr. Piantka stated that the characterization report supports the sediment quality that have met the objectives and was below the toxicity thresholds. DISCUSSION Mr. Kemp mentioned if the Commission feels that the issues are not completely addressed, the project could be continued to the next meeting and staff can provide further information in response to what was presented tonight. Commissioner Black asked if the Planning Commission has the authority to condition further testing of the outer lagoon. Mr. Kemp replied no, he thinks that it is beyond the scope of the floodplain management ordinance that addresses the dangers from flooding, overcapacity and under capacity of the lagoon and the procedures taken to address that. Mr. Kemp concluded that other agencies would address the water quality issues with further permits. Commissioner Black stated that he would like to continue the item as there is too much involved. He stated that he would feel terrible if he voted to approve the project under the Commission’s purview and see something happen in the future where toxins are discovered on the beaches. Commissioner Black concluded that the Commission should hear more information.