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Home My WebLink About2022-10-05; Planning Commission; MinutesPLANNING COMMISSION Minutes Oct. 5, 2022, 5 p.m. CALL TO ORDER: 5 p.m. ROLL CALL: Commissioners Kamenjarin, Lafferty, Merz, and Sabellico. Absent: Commissioners Stine, Meenes, and Luna. City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 PLEDGE OF ALLEGIANCE: Commissioner Sabellico led the Pledge of Allegiance APPROVAL OF MINUTES: Sept. 21, 2022 Motion by Commissioner Merz, seconded by Commissioner Kamenjarin, to approve the Sept. 21, 2022 Minutes with the following amendment: to change public comment speaker's name to reflect as Tom Siekmann instead of Todd Sekmann. Motion carried 4/0/3 (Commissioners Stine, Meenes, and Luna absent). PUBLIC COMMENT: Brian Connor expressed his concerns in regards to parking in right of way and a low frequency noise from the desalination plant. PUBLIC HEARINGS: 1. CUP2022-0010/SUP2022-0006 (DEV2022-0139)-CARLSBAD DESALINATION PLANT INTAKE AND DISCHARGE MODIFICATIONS -Request for approval of findings that the proposed project is consistent with the previous addendum, as supplemented by the technical memorandum, to Environmental Impact Report EIR 03-05; and approval of a Conditional Use Permit and Special Use Permit to modify the intake and discharge systems of the Carlsbad Desalination Plant. The project is at 4590 Carlsbad Boulevard about 0.4 mile north of Cannon Road, within the boundaries of the former Encina Power Station, and within Local Facilities Management Zone 1. The project is within the Agua Hedionda Lagoon segment of the city's Local Coastal Program, a segment in which the California Coastal Commission has retained Coastal Development Permit authority. ACTION TYPE: Quasi -judicial STAFF RECOMMENDATION: Approval PLANNER: Scott Donnell ENGINEER: David Rick Assistant Community Development Director Mike Strong introduced Senior Planner Scott Donnell who provided the PowerPoint presentation (on file in the Office of the City Clerk). As part of the presentation, Senior Planner Donnell made a recommendation to modify the second condition number 16 in the resolution, as proposed, the condition read as follows: Oct. 5, 2022 Planning Commission Regular Meeting Page 2 Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering the two private temporary driveway approaches located over existing public right-of-way or easements as shown oil the site plan. Developer shall pay processing fees per the city's latest fee schedule. Said agreement shall include a provision that within 12 months of approval of the agreement, the applicant shall either remove the driveways and restore the public improvements to its previous condition or obtain the necessary agency approvals to retain the driveways as permanent improvements. The City Engineer may extend this time at his discretion provided that the applicant has demonstrated that they are actively processing applications for said agency approvals. Senior Planner Donnell recommended the condition be modified as follows: Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering the two private temporary driveway approaches located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee · schedule. Said agreement shall include a provision that within 18 months of approval of the agreement, the applicant shall either remove the driveways and restore the public improvements to its previous condition or obtain the necessary agency approvals to continue the driveways as temporary or retain the driveways as permanent improvements. The City Engineer may extend this time at his discretion. Senior Planner Donnell explained that the modification affects condition 16 (renumbered to condition 18 in the approved resolution). Commissioners provided their disclosures as follows: • Commissioner Kamenjarin disclosed that he is familiar with the plans of the site. • Commissioners Merz and Lafferty disclosed that they have toured the site twice. • Commissioner Sabellico disclosed that he has read countless articles on the plant, met with the workers of the desal plant, but has not visited the site. In response to Commissioner Merz's inquiry about the flood plain boundary at the desalination plant for the proposed deck, Senior Planner Donnell explained that the plant has been reviewed by the city's Engineering Department, which looked at the flood plain boundary in relation to proposed improvements primarily on land. He further explained that the deck is supported by pilings which permit the water to flow through and under the deck. In response to Commissioner Kamenjarin's inquiry if the city has received any noise complaints from the plant from surrounding property owners, Senior Planner Donnell explained that the city has not received any correspondence on this project. He added that the applicant did a public outreach and did receive a comment on noise, but he is not aware of the details of that comment. Poseidon Water Company President and Applicant Sachin Chawla gave a presentation. Oct. 5, 2022 Planning Commission Regular Meeting Page 3 In response to Commissioner Kamenjarin's inquiry, Applicant Chawla explained that the improvements are not changing the capacity. In response to Commissioner Kamenjarin's inquiry about any conversations he or his company had concerning noise, Applicant Chawla explained that his staff addressed concerns by doing a decibel check on the low frequency. He added that he can share with staff the details of the complaint. In response to Commissioner Sabellico's inquiry regarding the oil spill from Orange County, asking what contingency plans Poseidon has in place for oil spills, Applicant Chawla explained that there are a lot of sensors at the intake that check for contamination including oil and grease and for this particular event there was coordination with multiple agencies to address it. He further explained that within two days, buoys were deployed to ensure no floating oil was coming in. Commissioner Lafferty asked about the height difference between the existing deck and the proposed improvements. The applicant responded the existing height is 10 feet and the new improvements would measure 25 feet in height, which is a 15-foot difference .. Vice Chair Lafferty opened the duly noticed public hearing at 5:32 p.m. Hearing no one wishing to speak, Vice Chair Lafferty closed duly noticed public hearing at 5:34 p.m. Motion by Commissioner Sabellico, seconded by Commissioner Merz, to approve staff's recommendation with an amendment to condition 16 (renumbered to condition 18 in the approved resolution) to read as follows: Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering the two private temporary driveway approaches located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Said agreement shall include a provision that within 18 months of approval of the agreement, the applicant shall either remove the driveways and restore the public improvements to its previous condition or obtain the necessary agency approvals to continue the driveways as temporary or retain the driveways as permanent improvements. The City Engineer may extend this time at his discretion. Motion carried 4/0/3 (Commissioners Stine, Meenes, and Luna absent). DEPARTMENTAL REPORTS: PLANNING COMMISSION MEMBER REPORTS: None. Oct. 5, 2022 Planning Commission Regular Meeting Page4 CITY PLANNER REPORT: Assistant Community Development Director Strong announced that the next Planning Commission meeting will be held on Oct. 19, 2022, and the Boards and Commissions Appreciation event will be held on Oct. 25, 2022. He added that there will be a special joint meeting on Oct. 27, 2022 with the Traffic & Mobility Commission. CITY ATTORNEY REPORT: None. ADJOURNMENT: Vice Chair Lafferty adjourned the duly noticed meeting at 5:59 p.m. Michele Hardy Secretary