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Home My WebLink About2024-03-20; Planning Commission; MinutesPLANI JG COMMISSION Minutes March 20, 2024, 5 p.m. -AMENDED CALL TO ORDER: 5 p.m. Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 ROLL CALL: Kamenjarin, Sabellico, Hubinger, Merz, Meenes, Lafferty, Stine PLEDGE OF ALLEGIANCE: Commissioner Stine led the Pledge of Allegiance. APPROVAL OF MINUTES: Minutes of the Regular Meeting held on Feb. 21, 2024. Minutes of the Regular Meeting held on Feb. 21, 2024, were approved as presented. -4/0/2/1 (Merz, Hubinger-Abstain; Sabellico -Absent}. PRESENTATIONS: None. PUBLIC COMMENT: None. CONSENT CALENDAR: None DEPARTMENTAL REPORTS: 1. LEGISLATIVE SUBCOMMITTEE UPDATE TO PLANNING COMMISSION : Receive a presentation regarding the Intergovernmental Affairs Program of the City of Carlsbad and the city's recent and ongoing legislative advocacy efforts related to land use planning and development and provide feedback as appropriate. City Planner, Eric Lardy introduced City Council Member Teresa Acosta and Intergovernmental Affairs Director Jason Haber who reviewed a PowerPoint presentation on the item. (on file in the Office of the City Clerk). The Commission received the report and responded to questions from the Planning Commission. There was no public comment on this item. PUBLIC HEARINGs: 2. POULTER PROPERTIES MULTI-UNIT RESIDENTIAL PUD 2022-0004/SDP2023-0049/MS 2022- 0006 Adoption of a resolution approving a Planned Development Permit, Site Development Plan, Coastal Development Permit, and a Tentative Parcel Map to demolish one of two single- family residences and rebuild it, convert both residences into detached condo units on a 0.14- acre site located 3900 Garfield St., within the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 1. March 20, 2024 .arlsbacj Planning Commission Regular Meetil'. Page 2 ACTION TYPE: Quasi-Judicial STAFF RECOMMENDATION: Take public input, close the public hearing, and adopt the resolution. PLANNER: Edward Valenzuela ENGINEER: Jason Geldert Chair Kamenjarin opened the duly noticed public hearing at 5:48 p.m. At Chair Kamenjarin's request, each of the Commissioners disclosed that they were familiar with the site for this project. City Planner, Eric Lardy introduced Associate Planner, Edward Valenzuela, who reviewed a PowerPoint presentation on the item. (on file in the Office of the City Clerk). In response to Commissioner Stine's inquiry, Associate Planner, Edward Valenzuela explained that there was only one objection to the project regarding a neighbor's view protection rights the resident was informed that the city cannot protect views from private property. Chair Kamenjarin opened public testimony at 6:01 p.m. and asked if there were any members of the public who wished to speak on the project. Patrick Coffey requested an explanation regarding how the easement and right of way rules are applied consistently to all applicants since his property on Tamarack as well and has different easement requirements. In response to the Planning Commission's questions related to Mr. Coffey's testimony, Engineering Manager Jason Geldert clarified that the property he was referring to was oh a different block of Tamarack than that of the project under discussion so consequently, different rules apply depending on where on a particular road a project is located. Hearing no one else wishing to speak, Chair Kamenjarin closed the public testimony at 6:03 p.m. Motion by Commissioner Stine, seconded by Commissioner Meenes, to adopt Resolution No. 7507. Motion carried, 6/0/1 (Sabellico -Absent). Chair Kamenjarin closed the duly noticed public hearing at 6:05 p.m. 3. CDP 2023-0016/V 2023-0002 BEGONIA COURT RETAINING WALL: Adoption of a resolution recommending that the City Counci l deny a Coastal Development Permit and variance to allow an unpermitted retaining wall system that exceeds standards on a manufactured uphill perimeter slope with a gradient greater than 40% and an elevation differential of greater than fifteen feet located at 939 Begonia Ct. within the Mello II segment of the city's Local Coastal Program and Local Facilities Management Zone 4. March 20, 2024 _;arlsbad Planning Commission Regular Meetil Page3 ACTION TYPE: Quasi-Judicial STAFF RECOMMENDATION: Take public input, close the public hearing, and adopt t he resolution. PLANNER: Kyle Van Leeuwen ENGINEER: David Rick Commissioner Merz recused himself and left the room. Chair Kamenjarin opened the duly noticed public hearing at 6:06 p.m. Chair l(amenjarin asked if any of the Commissioners have disclosures regarding the item: Commissioner Meenes has reviewed the site extensively. Commissioner Lafferty has reviewed the site on Google Maps. Chair Kamenjarin drove by the site. City Planner, Eric Lardy, introduced Associate Planner, Kyle Van Leeuwen, who reviewed a PowerPoint presentation on the item. (on file in the Office of the City Clerk). In response to Commissioner Stine's inquiry, Associate Planner Kyle Van Leeuwen responded that the project, from the toe of the slope upward, exceeds the size allowed by the ordinance by approximately three times the allowed height. In response to Commissioner Hubinger1s inquiry, Associate Planner Kyle Van Leeuwen clarified that the applicant's current proposal includes retention of all of retaining walls that are currently in place and retrofitting at least some at the bottom and st.aff does not support that solution. In response to Commissioner Lafferty's inquiry, City Planner Eric Lardy explained that if the Applicant's request for a variance is denied by the Commission, the City would work with them to prepare plans in compliance with the Hillside Development Ordinance. He added that the controlling standard the variance to the Hillside development ordinance, located in the Zoning Ordinance. The Hillside Development Regulations are intended to limit the amount of grading into a slope. In response to Commissioner Meenes inquiry, Engineering Manager Jason Geldert affirmed that the Applicant had proposed some other solutions prior to this hearing. On behalf of the Applicant, Mr. Rivera, spoke to the Planning Commission regarding the project. In response to Commissioner Stine's inquiry, the Applicant Representative, Johnny Rivera, indicated that the request before the Commission now is the same as they have submitted previously. In response to Commissioner Lafferty's inquiry, a Contractor for the Applicant, Danny Cohen from Baldwin Construction explained the process of the building the retaining walls. March 20, 2024 .:arlsbad Planning Commission Regular Meeth _ Page4 Chair Kamenjarin opened the public testimony at 7:02 p.m. and asked if there were any members of the public who wished to speak on the project. Stephan Johnson and Linda Kranen spoke in support of the applicant's request for a variance. Jack Phelps spoke in opposition to the applicants request for a variance and in support of staff's recommendation. Hearing no one else wishing to speak, Chair Kamenjarin closed the public testimony at 7:11 p.m. Motion by Commissioner, Meenes and seconded by Commissioner Stine, to adopt Resolution No. 7508. Motion carried, 5/0/1/1 (Sabellico -Absent; Merz -Recused). Chair Kamenjarin closed the duly noticed public hearing at 7:31 p.m. PUBLIC COMMENT: Continuation of the Public Comments This portion of the agenda is set aside for continuation of public comments, if necessary, due to exceed;ng the total time allotted in the first public comments section. In conformance with the Brown Act, no Council action can occur on these items. PLANNING COMMISSION MEMBER REPORTS: Commissioner Lafferty gave updates from the last Historic Preservation Committee meeting held on March 11, 2024. Chair Kamenjarin reported on the Planning Commissioners Academy he attended with Commissioner Merz. Chair Kamenjarin also expressed that he would like to have the meeting materials for a longer review period prior to the meeting date, he asked that Agenda have a minimum of 2 or more Items whenever possible and requested city email addresses for commissioners. Additionally, he encouraged Commissioners to share any requests for process changes to the Planning Commission be emailed to City Planner, Eric Lardy with a copy to Chair Kamenjarin for consideration. PLANNER REPORT: Mr. Lardy discussed recent City Council updates and future projects going before them. Mr. Lardy also reviewed the Planning Commission's tentative schedule of projects to be heard. CITY ATTORNEY REPORT: City Attorney, Allegra Frost noted that she benefited from attending the 2024 Planning Commissioners Academy recently; commissioners should contact her if interested in viewing any of the materials. March 20, 2024 Jrlsbad Planning Commission Regular Meetinl Page 5 ADJOURNMENT: 7:39 p.m. Administrative Secretary