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HomeMy WebLinkAbout2013-09-04; Planning Commission; MinutesPlanning Commission Minutes September 4, 2013 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: September 4, 2013 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Siekmann called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Scully led the Pledge of Allegiance. ROLL CALL Present: Chairperson Siekmann, Commissioners Anderson, Black, L’Heureux, Schumacher, Scully and Segall Absent: None STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Shannon Werneke, Associate Planner Chris Garcia, Junior Planner Jason Geldert, Senior Engineer PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Chairperson Siekmann asked if there were any corrections or revisions to the minutes of the meeting from August 21, 2013. Commissioner Segall stated that on page 2, the fourth paragraph under Item 1, should state “Commissioner Segall asked if other communities in San Diego had a comprehensive Growth Management Plan like Carlsbad.” Commissioner Segall asked that the following comment be included on page 4 before the motion: “Commissioner Segall commented that the discussion should include all infill areas within the city and whether the streets can handle the additional traffic.” MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of August 21, 2013 as amended. VOTE: 7-0 AYES: Chairperson Siekmann, Commissioner Anderson, Commissioner Black, Commissioner L’Heureux, Commissioner Schumacher, Commissioner Scully and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None Planning Commission Minutes September 4, 2013 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Siekmann asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CUP 13-01 – SD06369 CADENCIA – Request for approval of a Conditional Use Permit to allow for the continued operation of and revisions to an existing Wireless Communication Facility consisting of three panel antennas housed within a faux chimney on the roof of an existing single family residence and the relocation of existing equipment cabinets to a new enclosure at the rear of the property located at 7412 Cadencia Street in Local Facilities Management Zone 6. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, “Existing Facilities” and Section 15303, “New Construction of Small Structures,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 1 and stated the applicant has requested a continuance. Commissioner Anderson recused herself from the dais due to a conflict of interest. Sandra Brower, attorney for the applicant, T-Mobile, 401 West A Street Suite 2600, San Diego 92101, requested a continuance of the item due to issues with agreements. Commissioner Schumacher asked if the matters Ms. Brower was working on would change or influence anything in regards to the application as it comes forward for the next meeting. Ms. Brower stated that it will enable to property owner to sign the underlining easement that will be necessary to continue with the Conditional Use Permit (CUP). Commissioner Segall asked at what point in time Ms. Brower knew that the CUP was not going to be heard before the Planning Commission. Ms. Brower stated that they had been working diligently over the Labor Day weekend to resolve the matter. Commissioner Scully asked if the Planning Commission could proceed with the hearing without the agreements being in place. Ms. Mobaldi responded stating that the owner would not be granted permission for the conditional use without property owner consent on the application. Commissioner L’Heureux asked how long of a continuance the applicant is requesting. Ms. Brower stated 60 days. Commissioner Scully asked if the applicant would still have to work out the agreements if the Planning Commission decided to move forward. Ms. Mobaldi stated that the CUP could be made contingent on the applicant working out the agreements, otherwise the approval would become null and void. Commissioner Segall asked why Item 1 was included on this Agenda without the agreements being fully executed by the parties. Mr. Neu stated a project is noticed 14 days prior to a hearing, and this item was continued to a date specific without being re-noticed. Commissioner Black asked if the Planning Commission can approve Item 1 based on a condition that the parties reach a formal agreement. Mr. Neu stated that the property owner has signed the application consenting to it being submitted. The applicant currently does not have a valid CUP to make the improvements and be in compliance with the city, which is needed for approval. Commissioner Schumacher asked why the Notice of Restriction (NOR) was never signed. Ms. Brower stated there was a change of ownership of the property, and the NOR was signed by a prior owner, which was not acceptable. Robert Kolodny, attorney for the property owner, 14914 Rancho Real, Del Mar, spoke regarding the request for a continuance. Planning Commission Minutes September 4, 2013 Page 3 Commissioner Scully asked when the property owner bought the property. Mr. Kolodny stated June 2010. Chairperson Siekmann asked if the property owner is receiving an income from the site. Mr. Kolodny stated the previous property owner received a full payment in advance and the new property owner has not received any payment. DISCUSSION Commissioner Segall asked that the continuance be granted to a date uncertain and placed on a fuller agenda. Commissioner L’Heureux stated the project should not be postponed any longer. Commissioner Black stated his concurrence with Commissioner L’Heureux. Commissioner Scully stated she does not agree that the continuance should be granted. Chairperson Siekmann stated she can support the motion for a continuance. MOTION ACTION: Motion by Commissioner Segall and duly seconded that the Planning Commission continue the item to a future date subject to noticing. VOTE: 3-3-1 AYES: Chairperson Siekmann, Commissioner Schumacher, and Commissioner Segall NOES: Commissioner Black, Commissioner L’Heureux, and Commissioner Scully ABSENT: Commissioner Anderson ABSTAIN: None Due to a tie vote, the motion failed. Mr. Neu stated Junior Planner Chris Garcia would make the staff presentation. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions for staff. Seeing none, she asked if the applicant wished to make a presentation. Debra DePratti-Gardener, 13948 Calle Bueno Ganar, Jamul CA 91935, representing T-Mobile, gave a brief presentation and stated she would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Segall asked why the cell site has to be at this location and not anywhere else. Ms. Gardner responded stating the cell site is limited to provide the coverage gap that existed in the vicinity. Commissioner Segall stated there is a public utility tower near the property and asked if it can be evaluated for a potential site. Mr. Neu stated that because this is a new CUP, that request is within the Commission’s purview. Commissioner L’Heureux asked about the existing equipment box. Ms. Gardner stated it is not attached to the house and it will be removed. Chairperson Siekmann asked if there were any other questions of the applicant. Seeing none, she opened public testimony on Agenda Item 1. Planning Commission Minutes September 4, 2013 Page 4 Tanya Codd, the property owner, 7412 Cadencia Street, Carlsbad, stated she would be available to answer any questions. Commissioner Scully asked if when purchasing the home she inquired about the existing equipment cabinets. Ms. Codd stated yes, however, the prior home owner misrepresented what they were and the NOR for the most recent approved CUP was never signed or recorded. Commissioner L’Heureux asked Ms. Codd what her concerns are regarding the equipment cabinets. Ms. Codd stated she is concerned about access to the equipment cabinets and the amount of time spent for maintenance by technicians. Commissioner Segall asked if Ms. Codd preferred to have the cell site removed. Ms. Codd stated her preference would be to not have the facility on her property. Commissioner Black asked if property owner is receiving any income from the cell site. Ms. Codd stated no. Commissioner Segall asked what the previous home owner stated the equipment was for. Ms. Codd stated that she was told it was similar to a dish for cell phone use that had the potential for income. Chairperson Siekmann asked if there were any further questions of the property owner. Ms. Mobaldi stated that the Planning Commission should make a decision based on the findings for the project permit and not adjudicate rights between the private parties. Mr. Kolodny stated the applicant will not sign the notice of non-responsibility to allow a building permit for the project unless all agreements are in place. Ms. Gardner stated they are working in good faith with the Codds to reach fair agreements. Commissioner L’Heureux asked if Ms. Gardner is prepared to state that if the CUP is denied, the antennas and equipment would be removed. Ms. Gardner stated that T-Mobile would be responsible to answer that question. Mr. Neu stated that in drafting the Planning Commission Resolution for this item, staff took the standard approach as if facilities did not exist on the property. Typically a project is given 24 months to have building permits issued or the permit becomes be null and void. In past discussions, the Commission has expressed concern that facilities already exist on this site and therefore there is no motivation to move forward and comply with the rest of the conditions and to make the modifications to comply with the proposed use permit. Mr. Neu commented that Condition No. 11 of the resolution would need to be modified to determine a specified length of time in order for the CUP to remain valid. Mr. Neu further commented that in the Commission’s deliberations they need to consider establishing a time period less than 24 months for the applicant to move forward and comply with the revisions. Chairperson Siekmann asked if there were any other members of the audience that would like to speak on the item. Seeing none, she closed public testimony on Agenda Item 1. Commissioner L’Heureux asked what the next steps would be if the time restriction for filing the Notice of Restriction is not met causing the CUP to become null and void even though the facilities are already there. Mr. Neu stated that before the CUP becomes null and void, one option would be to amend the condition to change the deadline to issue building permits. If the Commission elected to not do that, there would be facilities on the site without a permit, and the project would then become a code enforcement issue with the applicant being notified of the need to obtain the permit. Commissioner L’Heureux asked Ms. Mobaldi if the city would file a notice or lien against the homeowner if the project did come to that point. Ms. Mobaldi stated that the home owner has private legal rights to pursue further action. Commissioner Scully inquired about the timeframe for the process for code enforcement issues. Mr. Neu stated it can vary from 30 days to 6 months. Planning Commission Minutes September 4, 2013 Page 5 DISCUSSION Commissioner Schumacher asked if this is viewed as a new Conditional Use Permit. Mr. Neu stated yes, it is viewed as a new project. Commissioner Segall stated he cannot support the project. The homeowner does not want this facility on their property as there is not consent. He also stated that he is not convinced this is the best location for the project. Commissioner Segall further commented that this is a perfect example as to why cell sites should not be placed in residential areas. Commissioner L’Heureux stated he agrees with his fellow Commissioners. This should not be looked at as an amendment but a new application, and he feels 24 months is too long to record the NOR and issue a building permit. He also stated that he cannot support the project if that requirement is longer than 4 months. Commissioner Scully stated that because this is a new application, it changes her mindset. She stated she would only approve the project with a condition to record the NOR within 6 months if that. Commissioner Black stated that he would be able to approve the project. Chairperson Siekmann made a motion that the item be continued so that the applicant can return with a presentation indicating that this is the best location for the coverage needed. MOTION ACTION: Motion by Chairperson Siekmann and duly seconded, that the Planning Commission continue the item to receive a presentation indicating that this is the best location for the coverage needed. VOTE: 4-2-1 AYES: Chairperson Siekmann, Commissioner Black, Commissioner Schumacher, and Commissioner Scully NOES: Commissioner Segall, Commissioner L’Heureux ABSENT: Commissioner Anderson ABSTAIN: None Commissioner Anderson returned to the dais. RECESS Chairperson Siekmann closed the public hearing on Agenda Item 1 and called for a 5 minute recess at 7:43 p.m. MEETING CALLED TO ORDER Chairperson Siekmann called the meeting to order at 7:55 with all Commissioners present. Chairperson Siekmann asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. Planning Commission Minutes September 4, 2013 Page 6 2. SDP 12-04/CDP 12-26/V 13-02 – HOEHN BUICK CADILLAC – Request for approval of a Site Development Plan, Coastal Development Permit, and Variance to allow for the demolition of two service buildings totaling 19,093 square feet, the construction of a 72,111 square foot combined service/parts building and parking structure within the side yard setback, and a 4,227 square foot showroom expansion to the Hoehn Buick Cadillac dealership, located on a 3.06-acre lot on the east side of Paseo Del Norte within the Car Country Specific Plan, the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Segall asked about the variance. Ms. Werneke stated the south wall will be increased in height as well as length towards the rear property line. Commissioner Anderson asked if the adjacent property owners to the south are the same owners. Ms. Werneke stated no. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Gary Whitfield, 24691 Del Prado, Dana Point, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Segall asked where the car inventory will be located during construction. Mr. Whitfield stated it would be across the street at the vacant GMC lot. Commissioner Segall asked about employee parking. Mr. Whitfield stated with the addition of square footage, employee parking will be provided on site. Commissioner L’Heureux asked about the composite material being taken off the building. Mr. Whitfield stated he could support the removal of the composite material. The addition of the feature was requested by General Motors for them to go forward with the project. Commissioner Anderson asked about the difference between the two building roofs. Mr. Whitfield stated the difference between the new roofs is to differentiate the two individual dealerships. Chairperson Siekmann asked if there were any members of the audience who wished to speak on the item. Peggy Kelcher, 647 Hatfield Drive, San Marcos, representing Judy Jones-Cohn, owner of Lexus Carlsbad and Toyota Carlsbad, gave her support of the item. Commissioner Black asked if any modifications would be made to the adjacent building located on her property. Ms. Kelcher stated the variance would not be requested at that location as any changes would take place in the back of the property if a new parking structure was needed. Chairperson Siekmann asked if there were any further questions. Seeing none, she closed public testimony. DISCUSSION Commissioner Schumacher stated that he can support the project. Planning Commission Minutes September 4, 2013 Page 7 Commissioner Segal stated he can support the project. Commissioner L'Heureux stated he can support the project. Commissioner Scully stated she can also support the project. Commissioner Anderson commented she has a concern with approving a non-conforming wall but she can support the project. Commissioner Black stated he can support the project. Chairperson Siekmann stated she can also support the project. MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7008 approving Site Development Plan SOP 12-04, Coastal Development Permit COP 12-26, and Variance V 13-02 based on the findings and subject to the conditions contained therein. VOTE: AYES: NOES: ABSENT: 7-0 Chairperson Siekmann, Commissioner L'Heureux, Commissioner Segall None None ABSTAIN: None Commissioner Anderson, Commissioner Black, Commissioner Schumacher, Commissioner Scully and Chairperson Siekmann closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS Mr. Neu stated that the City Council recently approved the amended sign ordinance. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of September 4, 2013, was "[~ DON NEU City Planner Bridget Desmarais Minutes Clerk