HomeMy WebLinkAbout2020-12-16; Planning Commission; Minutes City Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DEC. 16, 2020
CALL TO ORDER: 3 p.m.
ROLL CALL: Anderson, Geldner, Lafferty, Meenes, Merz, Luna, and Stine.
APPROVAL OF MINUTES:
Motion by Commissioner Lafferty, seconded by Commissioner Geldner, to approve the Nov. 18, 2020
meeting minutes, as amended. Motion carried 6/0/1 (Commissioner Merz 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 verbal comments be integrated into the meeting.
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. CDP 2020-0026/V 2020-0004 (DEV2020-0134) – BEGONIA COURT RETAINING WALL -
Request for a Coastal Development Permit and a Variance to allow an unpermitted
retaining wall system that exceeds standards on a manufactured uphill perimeter slope
with a gradient greater than 40 percent and an elevation differential of greater than fifteen
feet on property located at 939 Begonia Court within the Mello II Segment of the city’s Local
Coastal Program and Local Facilities Management Zone 4. The project site is not within the
appealable area of the California Coastal Commission. The City Planner has determined
pursuant to Sections 15061(b)(4) and 15270 of the state CEQA Guidelines that the project
is exempt from CEQA because CEQA does not apply to projects which a public agency rejects
or disapproves.
Commissioner Merz disclosed that he will need to recuse himself from Agenda Item 1 due to a professional
relationship that he has with the applicant.
City Planner Neu introduced Agenda Item 1 and stated Associate Planner Bui would make the staff
presentation (on file in the Planning Division).
DISCLOSURES:
Commissioner Meenes stated that he drove by, walked up the driveway and looked over the gate into the
backyard of the site.
Commissioner Stine drove by and looked at the site aerially via Google maps.
Planning Commission Minutes Dec. 16, 2020 Page 2
Commissioner Lafferty looked at the site via Google maps.
PUBLIC COMMENTS:
None
APPLICANT QUESTIONS:
Commissioner Stine asked why the applicant believes that special circumstance findings can be made on
Agenda Item 1.
April Roberts, attorney for the applicant stated that a continuance would allow time for plans to be
presented regarding special circumstances.
Mr. Lichman, applicant, referenced other properties within the city that have similar walls built. He states
that while the property does not have special circumstances, removal of the wall will have negative effect
to the existing neighborhood.
COMMISSION DISCUSSION:
Commissioner Luna stated that she has not seen any evidence supporting special circumstances or
justification provided to go against the staff recommendation to deny the variance. Chair Anderson,
Commissioners Lafferty, Geldner and Stine agreed.
ACTION:
Motion by Commissioner Stine, seconded by Commissioner Luna, to approve Resolution No. 7394 denying
the requested permits. Motion carried, 6/0/1 (Commissioner Merz abstained).
2. CT 2018-0002/SDP 2018-0002/CDP 2018-0005/HDP 2018-0001/HMP 2018-0001/EIR 2018-
0001 (DEV2017-0033) – AVIARA APARTMENTS – Request for 1) certification of an
Environmental Impact Report (EIR 2018-0001), including the approval of Candidate Findings
of Fact and a Mitigation Monitoring and Reporting Program; and 2) approval of a Tentative
Tract Map, Site Development Plan, Coastal Development Permit, Hillside Development Permit
and Habitat Management Plan Permit to demolish an agricultural packaging warehouse and
construct 329 apartments (81 affordable units and 1 manager’s unit), including development
standards modifications, on an existing parcel that is bisected by Aviara Parkway, north of
Laurel Tree Lane, currently addressed as 1205 Aviara Parkway, within the Mello II Segment of
the Local Coastal Program and within Local Facilities Management Zone 5. This project is
located within the appeal area of the California Coastal Commission.
City Planner Neu introduced Agenda Item 2 and stated Associate Planner Garcia would make the staff
presentation (on file in the Planning Division).
DISCLOSURES:
Commissioner Lafferty frequents the market at Aviara Farms monthly.
Planning Commission Minutes Dec. 16, 2020 Page 3
Commissioner Meenes drove by the site and drove up the southwest bluff where he overlooked the site.
Additionally, he stated has met the owner at community events but has not had any discussions with the
applicant regarding Agenda Item 2.
Commissioner Merz drove by the site.
Commissioner Stine drove by and walked up the East and West parcels.
Commissioner Geldner drove and walked around the site. She also spoke with a resident of the apartments
across the street regarding street parking. Additionally, she read the TDM manual, the Mobility Element of
the General Plan, the HEAC Report, several related ordinances, the LOS Guidelines and the detailed traffic
comments received from the public.
STAFF QUESTIONS:
Commissioner Meenes asked if there are plans to excavate and remove hazardous soil from the site.
Associate Planner Garcia responded that there are procedures in the Mitigation Monitoring and Reporting
Program regarding hazardous materials that the applicant will need to submit and have a soil management
plan approved by the County Department of Environmental Health.
Chair Anderson asked if Laurel Tree Ln will be widened to accommodate parking on both sides of the street
and if adequate recreational areas will be included on the property.
Associate Planner Garcia responded that the north side of the street will be widened. Regarding recreation
area, he responded that apartments don’t have such requirements but as much recreation areas as
possible will be provided.
APPLICANT QUESTIONS:
Kevin Dougherty of Summer Hill Apartment Communities gave a brief statement for the Planning
Commission.
Commissioner Geldner asked how the 60/40 split in traffic coming from the project was determined.
Dawn Wilson, with Michael Baker International, responded that traffic was determined based on the
location of schools, major employment opportunities and freeway access.
Commissioner Stine asked for comment regarding the rationale behind parking spaces.
Jeff Williams of Bridge Housing responded that parking is believed to be adequate per unit. Additionally,
residents will be encouraged to use public transportation as well as guest parking will be provided.
PUBLIC COMMENTS:
Resident Chuck Collins submitted comments in opposition to agenda item 2 as the height of the
development as planned will affect the views from his home.
Residents Glen and Jennifer Domingo, and Mike Hurton submitted comments in support of the project for
affordable housing stating that the apartments will provide greater opportunity for low income residents
and the Carlsbad workforce.
Planning Commission Minutes Dec. 16, 2020 Page 4
Eva Aarons, General Manager of the Aviara Master Association commented to reject the use of the name
Aviara Apartments due to its close proximity to the Aviara Master Community. She states there will be
confusion between the two developments as there is no distinction.
Resident Josh Cantor commented to support the project as it is in line with the needs and values of the
community.
Residents Mark Packard, Karen and Ray Pierson, Brian Colby commented in support of the project as it will
provide housing for employees within the city, opportunity for those in need of assistance, balances
different levels of housing needs, reduces net traffic congestion, and helps with needed infrastructure.
Resident Jeff Segal commented in support of the project as it provides needed housing for workers. He adds
that standards modification in parking recommended by staff should be supported.
Steve Linke, Traffic and Mobility Commissioner commented as a private citizen that traffic studies for this
project need to apply Carlsbad’s Transportation Impact Analysis Guidelines. He adds not having the
SANDAG Horizon Analysis and pedestrian and bike analysis within the EIR isn’t consistent with HCM or the
General Plan and doesn’t meet TIA standard of adoption. He recommends redoing the traffic analysis in the
EIR based on TIA guidelines and including a more comprehensive TDM plan.
DeAnne Wiemer on behalf of the Friends of Aviara Board commented to encourage anti-poison protections
as conditions for approval of the project. Lack of monitoring the removal of surface soils, hazardous
materials and chemicals is addressed as a concern. Stated objections include an increase of unit density and
the reduction of parking spaces.
Christian Garcia on behalf of Californians for Home Ownership submitted a statement declaring that a letter
was provided as part of their work monitoring local compliance with the housing accountability act. The
city’s approval of Agenda Item 2 is governed by the act, requiring the city to approve affordable housing
projects without applying informal or subjective criteria. The city must only apply applicable and objective
standards that can be uniformly verified by reference to external benchmarks of criterion available by the
development applicant or proponent, and public officials. Violation of the act can expose the city to
significant financial penalties. Having received the letter, the city can be sued if the project is denied.
Associate Planner Garcia responded to comments that views will be obstructed for homes on Ebb Tide St.
by clarifying that visual simulations of the project showed the project will not affect such views. Regarding
the request not to have the name Aviara Apartments used, he states that the city does not get involved in
the naming of projects but expects that the project will go by a different name.
Kevin Dougherty responded that the site is not contaminated, and pesticides will not run down to Encinas
Creek during construction. He notes an environmental study showed one area on site with motor oil and
that is being addressed in the soil management plan.
Karl Osmitson, Helix Environmental, comments that the Native Habitat Restoration Plan includes methods
for dealing with potentially hazardous materials while maintaining sensitive habitats. He notes, it’s a
standard requirement not to use harsh chemicals. Also, the Preserve Management Plan dictates how open
space will be managed and area specific management directives will be standards in how to handle specific
pests. He confirms these standards must be implemented by the land manager.
In response to comments about traffic analysis, Engineering Manager Jason Geldert states that the TIA
guidelines are not applicable to CEQA determination of transportation impacts as the guidelines refer to
Planning Commission Minutes Dec. 16, 2020 Page 5
thresholds for use in transportation impacts. Under state requirements, to be adopted for general use, the
guidelines must undergo a public review process, be supported by substantial evidence and be adopted by
ordinance or resolution. The TIA guidelines did not go through these state requirements and could not be
used for this project. It was legally determined to use historical thresholds. He notes that traffic studies
were performed in accordance with the city’s requirements.
COMMISSION DISCUSSION:
Commissioner Geldner, Lafferty, Luna, Meenes, Merz and Stine stated that the project is well located,
complimented the collaboration and community outreach, support the mix of units available, the number
of affordable housing units that will be provided and complimented the architectural design. They stated
overall support for the project.
ACTION:
Motion by Commissioner Luna, seconded by Commissioner Meenes, to adopt Resolution No. 7398 and
Resolution No. 7399. Motion carried, 7/0.
3. ELECTION OF OFFICERS
COMMISSION DISCUSSION:
Chair Anderson opened nominations for the 2021 Planning Commission Chair.
Commissioner Geldner nominated Commissioner Luna.
Commissioner Stine nominated Commissioner Meenes.
Chair Anderson opened nominations for the 2021 Planning Commission Vice Chair.
Commissioners Stine and Merz nominated Commissioner Stine.
Commissioner Lafferty nominated Commissioner Luna.
ACTION:
Motion to elect Commissioner Meenes as Planning Commission Chair carried, 5/2 (Commissioners Geldner
and Lafferty no).
Motion to elect Commissioner Stine as Planning Commission Vice Chair carried, 4/3 (Commissioners
Geldner, Lafferty and Luna no).
PLANNING COMMISSION REPORTS/COMMENTS:
Commissioner Lafferty commented that the virtual SANDAG community chat discussed lowering the
railroad tracks and the airport corridor. She stated that the community chats are open to the public in the
following months.
CITY ATTORNEY REPORTS:
None
Planning Commission Minutes Dec. 16, 2020 Page 6
CITY PLANNER REPORTS:
None
ADJOURNMENT:
Chair Anderson adjourned the duly noticed meeting at 6:44 p.m.
Corina Flores - Minutes Clerk