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HomeMy WebLinkAbout2017-09-20; Planning Commission; MinutesPlanning Commission Minutes September 20, 2017 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: September 20, 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 Anderson led the Pledge of Allegiance. ROLL CALL Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Rodman and Siekmann Absent: Commissioner Montgomery STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Paul Dan, Associate Planner Carl Stiehl, Associate Planner Pam Drew, Associate Planner Jason Geldert, Engineering Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Tracy Seemann, 4907 Via Arequipa, provided a handout to the Planning Commission and stated her concerns with neighborhood connectivity of the proposed Marja Acres project with her Laguna Riviera 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 2017-0001 (DEV2017-0001) – PRITCHARD RESIDENCE – Request for approval of a Coastal Development Permit to allow demolition of an existing one-story single-family residence with attached garage and construction of a 2,734 square foot two-story single-family residence, a 1,465 square foot basement, and a 527 square foot attached garage within the Mello II Segment of the City’s Local Coastal Program located at 5098 Shore Drive within Local Facilities Management Zone 3. The project site is 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 Agenda Item 2 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 consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 2. Planning Commission Minutes September 20, 2017 Page 2 Commissioner Siekmann stated that she would like to recuse herself as she is a member of the Terramar Community. Chairperson Segall asked if any member of the audience wished to address Agenda Item 2. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Rodman and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7266 approving Coastal Development Permit CDP 2017-0001 based upon the findings and subject to the conditions contained therein. VOTE: 5-0-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts and Commissioner Rodman NOES: None ABSENT: Commissioner Montgomery ABSTAIN: Commissioner Siekmann 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 3. 3. ZCA 2017-0004/LCPA 2017-0004 (PUB17Y-0020) – AUTO REPAIR AND AUTO STORAGE AMENDMENT – A request that the Planning Commission recommend adoption of findings to determine that the project is within the scope of the previously certified General Plan Program Environmental Impact Report (EIR 13-02); and a request for a recommendation of approval of amendments to the Zoning Ordinance and Local Coastal Program to: 1) allow auto repair uses within the P-M Planned Industrial Zone subject to approval of a minor conditional use permit; 2) change the permit required for auto storage in the C-M Heavy Commercial—Limited Industrial Zone, M Industrial Zone and P-M Planned Industrial Zone from a conditional use permit to a minor conditional use permit; and 3) establish screening requirements for auto repair and auto storage uses. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Carl Stiehl would make the staff presentation. Mr. Stiehl gave a brief 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 any person in the audience wished to speak on the item and opened public testimony. Glen Hoisington, 1060 Auto Center Court, commented in favor of the Zone Code Amendment. Chairperson Segall closed the public hearing on Agenda Item 3. Planning Commission Minutes September 20, 2017 Page 3 MOTION ACTION: Motion by Commissioner Rodman and duly seconded by Commissioner Goyarts that the Planning Commission adopt Planning Commission Resolution No. 7267 recommending adoption of findings to determine that the project is within the scope of the previously certified General Plan Program Environmental Impact Report (EIR 13-02), and recommending approval of ZCA 2017-0004 and LCPA 2017-0004 – Auto Repair and Auto Storage Amendment, based on the findings contained therein as amended. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: Commissioner Montgomery 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 1. CONTINUED PLANNING COMMISSION PUBLIC HEARING 1. 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 1 and stated Associate Planner Pam Drew would make the staff presentation. Commissioner Rodman and Commissioner Siekmann recused themselves due to a conflict of interest. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Goyarts disclosed that he visits the location often. Chairperson Segall stated that he read an article in the Union Tribune and the Coast News regarding this item. 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 Anderson asked if the separation between the inner and outer lagoon would be part of the 303D list. Ms. Drew stated no, the Army Corps of Engineers requires the chemical testing for the outer lagoon as that would be the only part of the lagoon that will be dredged. Planning Commission Minutes September 20, 2017 Page 4 Chairperson Segall inquired about the difference between chemical and toxicity testing. Ms. Drew clarified the Army Corps of Engineers chemical testing is considered tier two testing and the results of chemical testing has never warranted going into tier three testing for toxicity. Chairperson Segall asked if it would be escalated to tier three if the Army Corps of Engineers determined any issues. Ms. Drew replied yes, if it was warranted in their opinion. Commissioner Black asked why the Carlsbad Desalination Plant will be shut down for a few days. Ms. Drew replied due to an algae bloom in the lagoon. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. George Piantka, NRG Energy, Suite 200, 5790 Fleet Street, made the presentation and stated he would be available to answer question. Chairperson Segall asked if there were any questions for the applicant. Commissioner Anderson asked if there is a net estimate of sand dredged that will end up back in the lagoon. Mr. Piantka replied no. 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 public testimony. Linda Schlesinger, 2237 Cameo Road and Lisa McKethan ceded their time to Mary Anne Viney, 2796 James Drive. Ms. Viney asked for clarification if there will be any additional testing required by the Army Corps of Engineers and stated it was not clear if the regulation precludes support for sediment toxicity testing in the Special Use Permit (SUP). She inquired if the Army Corps of Engineers require any sediment testing in the outer lagoon and the type of testing that resulted in the Regional Water Board’s recommendation to list the lagoon polluted for toxicity. Patricia Amador, Suite A, 3256 Lincoln Street, who ceded her time to Kristine Wright, 4902 Via Arequipa, shared her concerns that the dredge slurry effluent from the outer lagoon will not be tested appropriately before added to the beaches. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked if the applicant wished to respond to the issues raised. Mr. Piantka commented that there are a number of pre dredge analysis that include samples taken within the dredge material and analyzed in advance of submitting to the Army Corps of Engineers. Commissioner Anderson asked if the information gathered from testing was made public. Mr. Piantka replied the information submitted to the Army Corps of Engineers, which is a public agency, would most likely be available to the public, however; he is not certain how they present that information to the public. Chairperson Segall asked if there is a process for the public to weigh in on the approval process of the Army Corps of Engineers permit. Ms. Drew stated most decisions are made internal, and they are aware of the concerns. Chairperson Segall asked Mr. Kemp if it would be appropriate for the Commission to add a condition to the resolution. Mr. Kemp replied that the permit before the Commission is an SUP under a floodplain management ordinance looking at flood protection, not creating flood hazards. The Army Corps of Engineers and the Regional Water Quality Control Board are the agencies that have the jurisdiction involving the dredge. Mr. Piantka clarified that the Army Corps of Engineers permit is a five year permit due to expire in 2019.