HomeMy WebLinkAbout2020-12-02; Planning Commission; MinutesPLANNING COMMISSION
DEC. 2, 2020
CALL TO ORDER: 3 p.m.
City Council Chamber
1200 Carlsbad Village Drive
Carlsbad. CA 92008
ROLL CALL: Anderson, Geidner, Lafferty, Meenes, Merz, Luna, and Stine.
APPROVAL OF MINUTES:
Motion by Commissioner Meenes, seconded by Commissioner Lafferty, to approve the Nov. 4, 2020
meeting minutes, as amended. Motion carried 5/1/1 (Chair Anderson no, Commissioner Luna abstained).
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA:
Diane Nigard submitted comments stating that Covid-19 procedures are not adequately integrating public
comments into discussion and encourages new procedures.
PLANNING COMMISSION PUBLIC HEARING:
Chair Anderson directed everyone's attention to the slide on the screen to review the procedures the
Commission would be following for that evening's public hearing.
Chair Anderson opened the public hearing for Item 1.
1. AMEND 2017-0012/CT 2017-0003/PUD 2017-0004/SDP 2018-0018 (DEV2017-0178) -LA COSTA
TOWN SQUARE PARCEL 3 RESIDENTIAL -A recommendation for approval of a Master Plan
Amendment, Tentative Tract Map, Planned Development Permit and Site Development Plan to
allow for the subdivision of a 7.2 acre parcel into two lots, one with 76 townhomes and one with 19
affordable condominiums, including development standards modifications, on property generally
located north of the intersection of Calle Timiteo and La Costa Avenue, within the La Costa Master
Plan, Neighborhood SE-13B, in the Southeast Quadrant of the city 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).
City Planner Neu introduced Agenda Item 1 and stated Associate Planner Goff made the staff presentation
at the previous meeting (on file in the Planning Division).
DISCLOSURES:
Commissioner Merz stated that he visited and walked the perimeter of the site. In addition, he reviewed
the last meeting.
COMMISSION DISCUSSION:
Commissioner Merz, Stine and Meenes disclosed support based on accessibility to stores and the active
recreational opportunity available due to close proximity to Stagecoach park.
Planning Commission Minutes Dec.2,2020 Page 2
ACTION:
Motion by Commissioner Meenes, seconded by Commissioner Luna, to adopt Resolution No. 7390 and No.
7391 as amended. Motion carried, 5/2 {Commissioner Geidner and Lafferty no).
2. CUP 2020-006/CDP 2020-0031-FUTURES ACADEMY AT CARLSBAD-
Request for a Conditional Use Permit and Coastal Development Permit to operate an
approximately 2,850-square-foot private school which involves one-to-one or small group
instruction for students between sixth and 12th grade. The school proposes to have a
maximum of 35 students and 14 staff members onsite at a time. The private school is located
at 705 Palomar Airport Road, Suite 340, an existing office suite within a three-story office
building, generally located south of Palomar Airport Road and east of Avenida Encinas. The
project is in the Industrial {M) zone and Local Facilities Management Zone 3. The project site
is not located within the appealable area of the California Coastal Commission. The City
Planner has determined that the project site belongs to a class of projects that the State
Secretary of Resources has found do not have significant impact on the environment, and it
is therefore categorically exempt pursuant to Section 15301-Existing Facilities -of the state
California Environmental Quality Act (CEQA) and the City of Carlsbad Municipal Code Section
19.04.070{A){1){b).
City Planner Neu recommended that Agenda Item 2 be continued to a date certain of Jan. 6, 2021.
ACTION:
Motion by Commissioner Luna, secon_ded by Commissioner Meenes, to continue Agenda Item 2. Motion.
carried, 7 /0.
3. CUP 2020-0005 (DEV13005) -CARLSBAD FARMERS' MARKET-Request for the approval of a
five-year extension retroactively for a Conditional Use Permit for the existing farmers' market
located within the 2900 block of State Street, betwe.en Grand Avenue to the north and Carlsbad
Village Drive to the south, every Wednesday from 1:30 p.m. to 8:00 p.m. in the summer and
1:30 p.m. to 7:00 p.m. in the winter, in the Village Center District of the Village and .~arrio
Master Plan. ·
City Planner Neu introduced Agenda Item 3 and stated Associate Planner Harker would make the staff
presentation (on file in the Planning Division).
COMMISSON DISCUSSION:
Commissioner Luna proposed that an additional 5 years be granted, resulting in a 10 year extension.
Commissioner Meenes asked if the request to change the 5 year extension to a 10 year extension would
be necessary.
City Attorney Kemp responded that Conditional Use Permits are reviewed more often than 10 years.
Commissioner Luna clarified that changes to Conditional Use Permits can be made at any time within the
10 year extension period if the City Planner finds necessary.
Chair Anderson acknowledged that comments were submitted in support of the Farmer's Market
extension. However, they were not requested to be read during the meeting.
Planning Commission Minutes Dec.2,2020 Page 3
ACTION:
Motion by Commissioner Luna, seconded by Commissioner Meenes, to adopt Resolution No. 7393 as
amended. Motion carried, 7 /0.
A 10-minute recess was called at 4:21 p.m., the meeting resumed at 4:31 p.m.
4. LCPA 15-07 /ZC 2020-0002 (DEV15061)/AMEND 2020-0014 (DEV08014) -Local Coastal
Program Update -A request for a Planning Commission recommendation of approval of a
comprehensive Local Coastal Program Land Use Plan update, including associated
amendments to other components of the Local Coastal Program -Zoning Map, Poinsettia
Shores Master Plan and Village and Barrio Master Plan. The preparation and adoption of a local
coastal program by a local government is statutorily exempt from the California Environmental
Quality Act (CEQA) per CEQA Guidelines Section 15265.
City Planner Neu introduced Agenda Item 4 and stated Senior Planner Jesser would make the staff
presentation (on file in the Planning Division).
PUBLIC COMMENTS:
Chair Anderson asked if there were any members of the public who wished to speak on the project, she
opened public testimony at 5:05 p.m.
Diane Nygaard, on behalf of Preserve Ca/avera, urged for better procedures to integrate public input into
the planning commission process. She also commented that Agenda Item 4 needs further community input
as there are concerns over sea level rise management, protection of coastal habitats, and accommodating
recreational opportunities.
Residents Kathleen Schulte, T. Owen R<;tssman, James D. Burke, Howard Krasusz, M.D., Melissa Veltman,
Jim Burke, Jane Naskiewicz, Michael Sebahar, M.D., Laura Walsh, Kdthy Burke, and Dana Thomart,
commented in support of Ponto Area F being turned into a beach park __ rather than used for commercial
developments. They discourage planning area F to be re-zoned from Non-Residential Reserve to Residential.
They asked for Agenda Items regarding District 4 be postponed until the newly elected Council Member for
District 4 is seated.
Residents Lee M. Andelin, David Cline, an.d Barbara Cline commented the cu_rrent' LCP Update draft will
negatively affect existing neighborhoods and infrastructure in the area. Additionally, such provisions violate
homeowners' rights under the Coastal Act and the U.S. and California constitutions.
Joel Schulman, PhD, on behalf of Poison Free Malibu, and Diana Lincoln and Wi/ Williams, on behalf of the
board of Friends of Aviara commented that prioritizing the use of non-chemical products for all city owned
and operated spaces be adopted as an Integrated Pest Management Plan. They encourage a restriction of
pesticides in the LCP Update:
Resident Tommy Dean asked for more specificity on what may be prohibited for home maintenance with
the proposed rezoning of his property. Additionally, he asked for the scientific source material provoking in
sea level rise regulations.
Michele Staples, Attorney, on behalf of the owner of Ponto Planning Area F, submitted comments stating
the Ponto site is an opportunity for affordable housing and opposes downzoning of the site.
Planning Commission Minutes Dec. 2,2020 Page4
De'Ann Weimer on behalf of the Citizens for North County, requests the Commission change the description
of the Agua Hedionda South Shore trail as currently found under Section 4.3 Active Transportation Access.
Additionally, she commented in support of residents seeking parkland, and efforts to control the use of
herbicides, pesticides and other chemicals on city-controlled properties.
Residents Bob and Cathy Pritchard commented in support of the Encina Power Station site development as
commercial space with small town and beach community values. They stated correct scaling of the project
will be critical towards traffic flow and parking.
The following residents submitted a petition in support of a coastal park at Ponto, and to reject efforts to
change Planning Area Fland use to R-23 high-density residential.
Kendell Barney, Vickey Syage, Andrew Eads, Nancy Batto, Carrie Palmer, Brent Prenz/ow, Angel
Eastvold, Sean Delaney, Gina Rittschof, hlin4330@gmail.com, Jill Murray, Mickey Murad, Annika
Nelson, Elizabeth Luna, Anthony Welsh, Susan Wynn, fittjanet@aol.com, Maura Rassman, Virginia
Mercede, Jeannie Chufo, Francis Lynch, Kym Grosso, Kristine Golden, Bonnie Shaw,
hpajunen@gmail.com, Tia Coiner, Pam Coleson, Annika Sybrandy, Michelle Kibby, Geoff White,
Jody White, Stephen Kibby, Deb Taylor, Jim Vecchio, Julie Vecchio, Kristin Jenkins, Per Hakansson,
Brooklyn Swart, Jonah Owens, weezy1981@hotmail.com, Emily Oetting, Steve Oetting, Justin
Oetting, Jay Provman Privman, Matthew Adams, John Miklos, Molly Healey, Dana Strahl, Taylor
Baudoin, Lynn Alley, Britt Vocke, Elise Siam,. Jaimie Simon, Cory Adams, Norman Cramer,
sharifjoo@gmail.com, Matt Ahern, Bruny Haas, Spencer Golden, Carol Becht/off, Kristine Golden,
info@peopleforponto.com, Jenniece Pingley, Willian O'Connell, Elizabeth Fogarty, Leana Cortez,
Judith Pineda, Mollie Hebda, Cheryl Geigle, David Wexler, Ronee Kozlowski, Linda Poppenhusen,
Paul and Germaine Markowitz, Jack Mok, Cara Krenn, Gail Prenzlow, Cory Swonetz, Karen Crosby,
Steve Kesten, Steve Tannenbaum, Katrinka Marquand, Dr. Jay Marquand, Dean Sauerwine, Leigh
Frazza, Kelley Frazza, John Frazza, Rita Koczela, Ryan Sullivan, Karlen Schminke, Nicole Chieffo,
cindydeming@gmail.com, Susan Haines, Scott DeFilippis, Karen Johnson,Jennifer Merchat, Marina
Brunson, Rafael Montiel, Patrice Montiel, Gregory Porter, Cynthia Roush, William Roush, Sherry
. Barnes, Madeline Slater, Andrew Swonetz, Bruce Rays, Leslie Goldstein, Doug Olson, Ann Rhoads,
Tony Kokab, Kurt Schminke, Dolores Hamady, Marika Vigo, John Gabriel, Louis Koczela, David
Zerfing, Amy Schaefer, Todd Schaefer, Brayden Schaefer, Mary Held-Manley, and Richard Mills.
The following residents submitted the New Ponto Park City Petition Entry along with additional comments
stating support for a coastal park, preserving coastal habitats, keeping Ponto Area F zoning as is and
prohibiting any further residential or commercial developments.
Betty Jennings, Mary-Jane Vigo, Ian Zakrzewski, Caitlin Hawkins, Lauren Keehan, Mark Adams,
Rebecca Adams, Carrie Welsh, Marie Rassman, Bill Rassman, James Burke, Andrew Wright, Ian
Rassman, Alison Rowland, Leslie Caton, John Bottorff, Suzanne Hume, Anne Licata, Barbara
Oetting, Corrie Martin, Mary Anne Penton, Nick Brown, Lauren Brown, Mary Garcia, Mario
DeAnge/is, Sherry Barnes, Chris Riccitelli, Diane O'Connell, Robin Hansen, Steve Tannenbaum,
Nicholas Graham, Allison Murray, Ariene Meyers, Michael Johnson, Cathy Mead, Jodi Jones, Lynn
Withey, Lucy Lusk, Diane Rivera, Peter Lewi, Chris Barnes, Tracy Sabin, Lisa Johnson, Sherrie
Hunninghake, Kathy Meyers-Schulte, Merrilee Morgan, Ryan Adams, Jennifer Baer, William Roush,
Grace Losada.
The following residents submitted the New Ponto Park City Petition Entry along with additional comments
stating support for more parks and requesting an aquatics center.
Planning Commission Minutes Dec.2,2020 Page 5
Joe Benjamin, Rachelle Smith, Murphy Reinschreiber, matt@mkfriedman.com, Gregory Welch, Dan
Van Dyck, Susie Holden Gutierrez, Shannon Delaney, Hilton Sher, John Gabriel, 4Hilton Inc, and
Raymond Meyers.
Residents Todd Keehan, and Heather Nash submitted the New Ponto Park City Petition Entry along with
additional comments stating that remaining coastal space should be used for children to enjoy.
Resident Atsuko Suzuki submitted the New Ponto Park City Petition and commented that the District 4
Council Member should be sworn in and seated to represent residents.
Residents Patricia Borchmann, Risa Sybrandy, and Aidan Sybrandy submitted the New Ponto Park City
Petition and commented that public officials are counted on to support public interest and keep from
rushing Agenda Item 4 against the will of the people.
Former resident, Richard Riehl submitted the New Ponto Park City Petition and commented that attempts
to turn Carlsbad into a heavily populated vacation destination have not regarded the quality of life for
residents.
Resident Carrie Ward submitted the New Ponto Park City Petition and commented that unless coastal
commission boundary lines for stvrs are changed to only allow stvrs west of the 1-5 freeway, her signature
will be nullified.
Encinitas Resident, Frances Walters submitted the New Ponto Park City Petition and commented Agenda
Item 4 affects her greatly as she lives only one street outside of Carlsbad city limits.
Resident Gary Withey submitted the New Ponto Park City Petition and commented that he moved to
Carlsbad because of unspoiled coastal land.
Chair Anderson asked if three were any additional mer.nbers of the public who wished to· speak on the .
project. Seeing none, she closed public testimony at 6:17 p.m.
COMMISSON DISCUSSION:
Associate Planner Jesser addressed sea level rise concerns from current homeowners stating that proposed
changes to the policy will eliminate limitations and ensure that existing properties can be maintained. She
stated that the Coastal act does not define existing dev!;!lopments, the Coastal Commission encourages
local jurisdictions to define existing development as developments existing prior to the enactment of the
Local Coastal act in ·1976, adding that staff recommends existing development be defined by the date in
which Agenda Item 4 is certified by the Coastal Commission. She stated that_the city can consider banning
the use of harmful chemicals on city and private property. She notes that seawall policies will be more
restrictive and are consistent with Coastal Commission guidance on sea level rise adaptation.
Chair Anderson asked if staff has an extension time preference for Agenda ltem4.
City Planner Neu stated that January 6, 2021 is the preferred hearing date. He stated that public testimony
has been closed and no additional comments will be accepted. Additionally, public comments that have
been received will be provided to City Council and will not need to be .resent.
ACTION:
Planning Commission Minutes Dec.2, 2020 Page 6
Motion by Commissioner Stine, seconded by Commissioner Meenes, to continue Agenda Item 3 to the Jan.
6, 2021 Planning Commission meeting. Motion carried, 7 /0.
PLANNING COMMISSION REPORTS/COMMENTS:
Commissioner Luna commented that the final Housing Element Advisory Committee meeting will take
place on Dec. 14, 2020.
Commissioner Lafferty commented that the survey to determine where city hall will be located ends Dec.
10, 2020.
CITY ATTORNEY REPORTS:
None
CITY PLANNER REPORTS:
None
ADJOURNMENT:
Chair Anderson adjourned the duly noticed meeting at 6:57 p.m.
Corina Flores -Minutes Clerk