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HomeMy WebLinkAbout2022-12-07; Planning Commission; Agendas Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 carlsbadca.gov Dec. 7, 2022, 5 p.m. Welcome to Your Planning Commission Meeting We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the Planning Commission and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website. How to watch In Person Online Planning Commission Meetings take place at City Hall, 1200 Carlsbad Village Drive Watch the livestream and replay past meetings on the city website, carlsbadca.gov/residents/communication/city-tv- channel How to participate If you would like to provide comments to the Planning Commission, please: • Fill out a speaker request form, located in the foyer. • Submit the form to the Clerk before the item begins. • When it’s your turn, the Clerk will call your name and invite you to the podium. • Speakers have three minutes, unless the presiding officer (usually the chair) changes that time. • You may not give your time to another person, but can create a group. A group must select a single speaker as long as three other members of your group are present. All forms must be submitted to the Clerk before the item begins and will only be accepted for items listed on the agenda (not for general public comment at the beginning of the meeting). Group representatives have 10 minutes unless that time is changed by the presiding officer or the Planning Commission. • In writing: Email comments to planning@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting will be shared with the commission prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Reasonable accommodations Persons with a disability may request an agenda packet in appropriate alternative formats as require by the Americans with Disabilities Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Manager’s Office at 442-339-2821 (voice), 711 (free relay service for TTY users), 760-720-9461 (fax) or manager@carlsbadca.gov by noon on the Tuesday before the meeting to make arrangements. PLANNING COMMISSION Agenda 1111 Dec. 7, 2022 2 CALL TO ORDER: 5 p.m. ROLL CALL: Kamenjarin, Meenes, Sabellico, Merz, Stine Absent: Luna, Laffferty PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held on Nov. 16, 2022 ACTION: Minutes of the Regular Meeting held on Nov. 16, 2022 were approved as amended (see details for minutes) – 5/0/0/2 (Luna, Lafferty – Absent). PUBLIC COMMENT: In conformance with the Brown Act, no Planning Commission action can occur on items presented during Public Comment. A total of fifteen (15) minutes is provided so members of the public can address the Commission on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a Request to Speak and submit it to the minutes clerk. You may not give your time to another person. CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed below. There will be no separate discussion on these items prior to the time the Commission votes on the motion unless members of the Commission or the public request specific items be discussed and/or removed from the Consent Calendar for separate action. PUBLIC HEARINGS: 1. CDP 2022-0024 (DEV2022-0067) – DECHAMPSAVIN ADDITION - Request for approval of a Coastal Development Permit to allow for the construction of a 515-square-foot addition to an existing single-family residence within the Mello II Segment of the city’s Local Coastal Program located at 4924 Loma Laguna Drive within Local Facilities Management Zone 1. 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 15301(e) for small additions to existing structures of the state CEQA Guidelines. ACTION TYPE: Quasi – judicial STAFF RECOMMENDATION: Adopt the Resolution PLANNER: Estaban Danna ENGINEER: Nichole Fine ACTION: Adopted Resolution 7468 – 5/0/0/2 (Luna, Lafferty - Absent). 2. AMEND 2022-0006 (DEV06082) – BP/ARCO FACILITY 5792 – Request for approval of an amendment to Conditional Use Permit CUP 91-03(C) to allow for the demolition of a gas station’s existing car wash facility, and construction of a new car wash facility with 18 vacuum stations, located at 1991 Palomar Airport Road within Local Facilities Management Zone 5. The project site is not within the Coastal Zone. The City Planner has determined that the project belongs to a class of projects that the State Secretary of Resources has found do not have significant impact on the environment, and is therefore categorically exempt pursuant to Section 15303 – New Construction and Conversion of Small Structures – of the state California Environmental Quality Act (CEQA) and the City of Carlsbad Municipal Code Section 19.04.070(A)(1)(b). Dec. 7, 2022 3 ACTION TYPE: Quasi – judicial STAFF RECOMMENDATION: Adopt the Resolution PLANNER: Kyle Van Leeuwen ENGINEER: Emad Elias ACTION: Adopted Resolution 7469 – 5/0/0/2 (Luna, Lafferty – Absent). 3. PCD 2022-0002 (DEV2022-0153) – OAK + ELIXIR – TIMELINESS APPEAL– Request to consider an appeal, filed on August 22, 2022, as to whether an earlier appeal, filed on August 5, 2022 (PCD 2022-0001) was considered timely. The appeal is associated with an establishment located at 2917 State Street within Local Facilities Management Zone 1. The City Planner has determined that an action to approve or deny the appeal is categorically exempt from the requirement for the preparation of environmental documents pursuant to Enforcement Actions by Regulatory Agencies – Section 15321 of the state CEQA Guidelines. Two resolutions of approval have been prepared for this agenda item. Planning Commission Resolution, Option A (Exhibit 1), affirms that the August 5 appeal was untimely. Planning Commission Resolution, Option B (Exhibit 2), overturns the City Planner’s timeliness determination. If Option A is approved, then the Planning Commission will announce that the earlier appeal, filed on August 5, 2022 (PCD 2022-0001) will not be heard; and Item No. 4 will be removed as an item on the agenda by motion and action. If the Planning Commission finds that the August 22 appeal (PCD2022-0002) raises a substantial issue and the Planning Commission approves Option B, then the public hearing for Item No. 4 will occur, during which time the Planning Commission will take public testimony on that appeal, separately. ACTION TYPE: Quasi – judicial STAFF RECOMMENDATION: Adopt the Resolution Option 1 (Exhibit 1), DENYING the subject appeal OR Adopt the Alternative Resolution Option B (Exhibit 2) PLANNER: Esteban Danna ENGINEER: N/A ACTION: (Item was withdrawn by applicant) 4. PCD 2022-0001 (DEV2022-0153) – OAK + ELIXIR – APPEAL OF CITY PLANNER’S USE DETERMINATION – Request to consider an appeal of the City Planner’s determination that an establishment is operated in a manner consistent with the definition of “restaurant” for an establishment located at 2917 State Street within Local Facilities Management Zone 1. The City Planner has determined that pursuant to the California Environmental Quality Act Guidelines 15378 (Project), adoption of the Planning Commission Resolution, affirming the City Planner’s determination is not a project, as it is general policy and procedure making related delegated authority interpreting the Zoning Ordinance. ACTION TYPE: Quasi – judicial STAFF RECOMMENDATION: Adopt the Resolution PLANNER: Esteban Danna ENGINEER: N/A ACTION: (Item was withdrawn by applicant) DEPARTMENTAL REPORTS: PLANNING COMMISSION MEMBER REPORTS: PUBLIC COMMENT: Continuation of the Public Comments Dec. 7, 2022 4 This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceeding the total time allotted in the first public comments section. In conformance with the Brown Act, no Council action can occur on these items. CITY PLANNER REPORT: CITY ATTORNEY REPORT: ADJOURNMENT: PLANNING COMMISSION PROCEDURE For those in the audience who are not familiar with the operation of a Planning Commission, the following is a summary of the procedure: VISUAL MATERIALS: Visual materials should be submitted to the Planning Division at planning@carlsbadca.gov no later than noon on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer for display during the meeting. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for commenters/speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. Video clips cannot be accommodated. MEETING DECORUM: Carlsbad Municipal Code sections 1.20.320 and 1.20.330 require members of the public to observe order at this meeting and to conduct themselves in a courteous manner. California Penal Code section 403 makes it a misdemeanor for any person to willfully disturb or break up any assembly or meeting with lawful authority. FILING AN APPEAL: Certain Planning Commission decisions are final but may be appealed to the City Council. An appeal may be filed with the City Clerk at City Hall within 10 calendar days of the decision. The cost of filing an appeal is $786 for all matters. If anyone wishes to question a Planning Commission decision, they may contact the Planning Division at 442-339-2600 or at planning@carlsbadca.gov, between the hours of 8 a.m. and 5 p.m., Monday through Friday.