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HomeMy WebLinkAbout2014-04-16; Planning Commission; MinutesPlanning Commission Minutes April 16, 2014 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: April 16, 2014 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Black called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Segall led the Pledge of Allegiance. ROLL CALL Present: Chairperson Black, Commissioners Anderson, L’Heureux, Scully, Segall and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Jane Mobaldi, Assistant City Attorney Bridget Desmarais, Administrative Secretary Barbara Kennedy, Associate Planner Shannon Werneke, Associate Planner Greg Fisher, Assistant Planner Chris Garcia, Junior Planner Jason Geldert, Senior Engineer Doug Bilse, Senior Engineer – Transportation PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. APPROVAL OF MINUTES Chairperson Black asked if there were any corrections or revisions to the minutes of the meeting from April 2, 2014. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of April 2, 2014. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: None ABSTAIN: None PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Planning Commission Minutes April 16, 2014 Page 2 1. CUP 14-01 – 5 TOOL ATHLETICS – Request for a Conditional Use Permit to allow 5 Tool Athletics to operate a baseball training facility in a vacant 10,572 square foot suite located within an existing office/industrial building on property located at 2245 Camino Vida Roble, in the P-M Zone and in Local Facilities Management Zone 5. 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,” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. A Notice of Exemption shall be filed with the County Clerk upon approval of this project. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Black asked if any member of the audience wished to address Agenda Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve Agenda Item No. 1 VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Scully, Commissioner Segall and Commission Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. CUP 13-08 – ALGA HILLS SPRINT SD54XC920 – Request for approval of a Conditional Use Permit to allow the installation, operation, and maintenance of an unmanned Wireless Communication Facility (WCF) consisting of nine (9) panel antennas with associated equipment mounted to an existing SDG&E lattice transmission tower and a 143 square foot above ground equipment shelter upon property owned by the Alga Hills Home Owners Association. The project site is generally located north of Altisma Way, south of Via Villegas, and east of Alicante Road within an SDG&E utility easement and in Local Facilities Management Zone 6. 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 Sections 15303 (Construction and installation of small new equipment facilities or structures) of the state CEQA Guidelines. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Tim Henion, representing Sprint, the project applicant, 1264 Basswood Avenue, Carlsbad, stated he would be available to answer any questions. Planning Commission Minutes April 16, 2014 Page 3 Chairperson Black asked if there were any questions of the applicant. Commissioner Segall asked why this site is the best location for a new facility. Mr. Henion stated that due to the density of residential in the area, the closest preferred location is about ½ mile north; however the adjacent hills block the signal to this project area. Mr. Henion commented that at least two other cell sites would be necessary if that closest preferred location was used instead of this proposed location. Commissioner L’Heuruex inquired as to why, according to the coverage map provided, some areas will not have coverage with this location. Mr. Henion stated it is because of the surrounding terrain and topography. Chairperson Black asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 2. George Tremain, 7085 Murillo Lane, spoke in support of the project. Commissioner Siekmann asked if Mr. Tremain had a preference of the color of panels. He stated it did not matter as the tower is already unsightly. David Featherstone, 2310 Via Villegas, stated that he is not in favor of the site. Karen Latiano, 7033 Murillo Lane, stated that she opposed to the addition on the tower because of health reasons. George Tremain wished to reassure the Commission that the site will follow the FCC rules. Jane Mobaldi, Assistant City Attorney, stated that the Federal Communications Act pre-empts a city from disallowing a WCF on the basis of radio frequencies or electromagnetic fields assuming they meet the FCC requirements in that regard. If they do, the commission cannot disapprove a WCF on that basis. Commissioner Scully asked if the HOA approved this proposal. David Featherstone stated the HOA board signed the application years ago but it never went to the association for any vote. Commissioner Segall asked if the proposed site is in the SDGE right-of-way. Mr. Neu stated it is located within an SDG&E easement but the property is owned by the HOA. Commissioner Anderson asked what happened with the previous application. Mr. Fisher stated it was never approved and was withdrawn due to inactivity. Commissioner Siekmann suggested the panels be grey so they are less noticeable. Mr. Fisher stated that the applicant would be amenable to what color is recommended by the Planning Commission. The Commission agreed that Finding No. 5 in the resolution should be revised so that the chain link fence is grey not green. DISCUSSION Commissioner Segall stated he supports the modification in the color of the fence and he can support the project. Commissioner Siekmann stated she agrees with Commissioner Segall and can support the project. Commissioner Anderson stated she can support the project. Commissioner L’Heureux stated he can also support the project. Commissioner Scully stated her concurrence with her fellow Commissioners and she can support the project and the change in color for the fence. Planning Commission Minutes April 16, 2014 Page 4 Chairperson Black stated he can support the project. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7043 approving CUP 13-08 for a period of 10 years, based upon the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Scully, Commissioner Segall and Commission Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 – LA COSTA TOWNE CENTER – Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and a request for approval of a Site Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit and a Minor Subdivision to: 1) allow for the demolition of two (2) commercial buildings, (including Vons located at 7710 El Camino Real and 7740 El Camino Real), totaling 45,830 square feet within an existing 123,822 square foot shopping center (La Costa Towne Center); and 2) allow for the construction of a single-story parking structure and two (2) mixed-use buildings consisting of 60 multiple-family residential rental units and 48,908 square feet of new retail on a previously developed 15.24-acre site generally located along the east side of El Camino Real and south of La Costa Avenue within Local Facilities Management Zone 6. The City Planner has determined that through the implementation of the proposed Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program and Addendum, the proposed project avoids the effects or mitigates the effects to a point where clearly no significant effect on the environment would occur, and there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Commissioner Segall asked if the proposed residential units are apartments. Ms. Werneke stated yes. Commissioner Siekmann asked for clarification regarding the access for those residents in Building 2. Ms. Werneke provided clarification directing the Commission’s attention to a slide on the screen and indicating where the residents would access Building 2. Commissioner Segall asked if the pedestrian bridge is covered or uncovered. Ms. Werneke stated it is uncovered. Commissioner Anderson asked if the lobby area for the residents will be keyed or open to the public. Ms. Werneke deferred the question to the applicant. Planning Commission Minutes April 16, 2014 Page 5 Chairperson Black asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. William Stone, 17140 Bernardo Center Drive, San Diego, representing Excel GIV, gave a detailed presentation and stated he would be available to answer any questions. Richard Benson, Benson & Bohl Architects, 3900 5th Avenue, San Diego, also part of the applicant team, gave a brief presentation and stated he would be available to answer any questions. Commissioner L’Heureux asked what would be used to screen the roofs from the residents that live adjacent to and above the center. Mr. Benson stated the new buildings will be lower than the existing building. Commissioner L’Heureux stated that he is having difficulty making the findings needed to approve the project and asked what type of tenant the applicant is proposing for the existing Vons building to comply with the zoning. Mr. Stone stated one of the tenants will be a specialty grocer. For the existing zoning on the site, it is a requirement to have a tenant such as a specialty grocery store. Commissioner L’Heureux stated that unless there is tenant that is committed or there is a condition that requires that, he cannot make the findings. Mr. Stone stated the zoning is set-up in a way that requires a daily-use tenant. Commissioner L’Heureux asked what the facades will look like on the buildings fronting El Camino Real. Mr. Stone stated those buildings will look much more modern and upgraded with a Mediterranean look. Commissioner Anderson asked Mr. Benson to explain the parking. Mr. Benson stated that residential parking is below grade in an underground parking garage. There will be designated spaces for the residents, and the project is parked per code. Commissioner Anderson asked about guest parking. Mr. Benson stated there will be 16 guest spaces generally absorbed in the grade level parking. Commissioner Anderson stated her concerns regarding the proposed new location of the driveway. Mr. Benson stated the driveway will function like it is currently, with a right in/right out only, and it will be moved north to be more in the middle between the signalized intersections. The parking garage has been designed such that there will be free-flowing traffic entering the structure. Commissioner Anderson stated she is concerned with traffic backing up on El Camino Real. Mr. Benson commented that the traffic will not be any better or any worse than it is currently. Commissioner Anderson asked about the architecture. Mr. Benson stated that with fresh paint, stone, and landscaping, the look and feel of the site will improve considerably. Commissioner Anderson further stated she is concerned about the truck loading docks located below the living units. Mr. Benson stated there are ways to use insulated glass to mitigate the sound. Commissioner Siekmann asked where the inclusionary housing will be located. Mr. Benson stated those units will be in the second, smaller building and will be the same units as the others. Commissioner Siekmann asked if Parcel No. 4 was included in the total acreage of the project. Mr. Stone stated yes. Commissioner Siekmann asked if the applicant would consider putting the closest existing residential neighbor in the noise study to ensure the outdoor noise levels will be mitigated properly. Steve Fiedler, 9909 Unican Street, San Diego, stated the noise study that will be performed at a later date for the interior noise. Commissioner Siekmann stated she was referring to the mitigation and asked if the closest existing resident can be included so that the outdoor noise can be mitigated if necessary. Mr. Fiedler stated that was already reviewed as part of the noise study that was performed for the project. Commissioner Siekmann clarified that she would like the noise study performed after the project is complete. Mr. Fiedler stated that was acceptable. Mr. Stone added that after the project is complete, the noise levels can be checked. Ms. Werneke clarified from a Planning standpoint that is a difficult thing to monitor because there is not a timing mechanism to conduct a study. Building permits will have already been issued at that point. The original noise study did take all of these issues, such as noise from traffic, air conditioning units, and loading docks, into account. It was determined that at the property line, the noise levels did not exceed the 60 dBA limitation. Mr. Neu added that that type of monitoring is not a standard practice. Staff could work with the applicant if there are issues in the future and at that point there would need to be a determination as to the source of the additional noise. Commissioner Siekmann asked if the project will be constructed in phases. Mr. Stone stated it will be constructed in phases. Commissioner Siekmann also stated her concern about the ingress and egress for the underground parking and if something could be done on El Camino Real to address that. Mr. Stone stated that the proposed design of the driveway and parking garage will create a safer driveway than what currently exists. Commissioner Segall asked what a specialty grocery store is. Mr. Stone stated some examples of specialty grocery stores are Whole Foods or Traders Joes. Planning Commission Minutes April 16, 2014 Page 6 Commissioner L’Heureux asked about the impact to the current tenants. Mr. Stone stated it will be a sequential process. Commissioner Anderson asked where the moving trucks will be entering the site when residents are moving in and out. Geoff Sherman, representing the applicant, stated the trucks will be able to park in the loading dock area or along the east side of the current Vons building. Commissioner Siekmann asked who the anticipated occupants will be. Mr. Stone stated young adults or empty-nesters. Commissioner Siekmann asked if there any plans to turn the apartments into condos in the future. Mr. Stone commented that the apartments will be built to condo spec but their intention is to keep them as apartments. Chairperson Black asked how many underground parking spaces are proposed. Mr. Stone stated there are 100 spaces. Chairperson Black asked if there any further questions for the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 3. Dave Voss, 7743 Lucia Court, Carlsbad, stated he is concerned about the project and the proposed Mitigated Negative Declaration. He stated the General Plan has requirements for how much open space and parks are in each quadrant of the city, and currently the southeast quadrant does not meet those standards. He further stated his concern about the sight lines for the new driveway in regard to bicyclists. He commented that good facilities should be provided for bike parking for both residents and consumers. Everett DeLano, 220 West Grand Avenue, Escondido, commented that he raised a number of issues in his comment letters from January as well as late last week. He stated he differs from staff in a number of issues with this project. One issue seen repeatedly in the response from staff is the notion of affordable housing. There is already a requirement for affordable housing so the notion that that is sufficient to the meet the finding requirements identified in his comment letter is simply not there. Regarding the response to his letter from Urban Systems Associates, specifically issues regarding traffic, is the idea that there is a misunderstanding or confusion in his letter. He stated it is a very good way of dismissing his letter. Mr. DeLano stated there is no misunderstanding or confusion in his earlier letters. He stated CEQA is very clear. There is a project and the existing environment is considered, not what could happen, not what might happen. There is no question that that existing environment includes a vacant store. There is no question that that store is not operating. It is not generating anything other than cockroaches. There are no traffic trips associated with that store. Julie Marshall, 7631 Rustico Drive, stated her concern is the potential noise from the project and asked what was included in the noise study. The noise at night is strange with leaf blowers and street sweepers. She commented that she does not know how the residential units will impact the noise of the center. Richard Barnes, 7623 Rustico Drive, also stated he is concerned with noise. He commented that there should be some kind of delivery hours for the trucks as well as for the cleaning and maintenance of the site. Mr. Barnes also asked if there is a limit to the number of people per bedroom or unit. Pat Knox, 2002 Pintoresco Court, Carlsbad, asked if the site is being redone or demolished. She stated her concern with the driveways, and asked why the buildings will be taller. Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked if the applicant wished to respond to the issues raised by the speaker. Mr. Stone stated that they are trying to retain as many of the existing tenants as possible and relocating them. Only two buildings will be demolished with this project; one is the existing Vons building which will be replaced and the other is where the dance studio is currently located. There will be bike stands throughout the property, and for the residents there will be a secured bike storage area in the parking garage. In regard to the number of tenants per unit, he stated he is not sure there is much he can do legally. Planning Commission Minutes April 16, 2014 Page 7 Justin Schlaefli, Traffic Engineer with Urban Systems Associates, 8451 Merlani Drive, San Diego, stated that they have received and responded to two letters from Mr. DeLano. Mr. Schlaefli stated the existing baseline is based on the existing counts, and with their existing counts, the Vons store was closed, the traffic was not there. From a CEQA perspective, there is an existing baseline that does not include traffic from that Vons store. With the proposed project, that building will be demolished and a new 3-story structure built and the retail space would return. He stated maybe that is where the confusion lies as the traffic study trip generation table calls out existing uses, and the Vons building, from that perspective does exist. It does not generate traffic today but if this project does not move forward that Vons building would be re-occupied with a different tenant and it would generate traffic. He further stated that when determining the trip generation for this site, they looked to see if the vacancy rate for this center was within the reasonable range of vacancies, and it was determined that it was. Mr. Schlaefli also commented on the relocation of the right-in/right-out driveway location, from a traffic engineering standpoint, driveways that are mid-block tend to work better as they tend to cause the least amount of disruption to traffic and traffic signals. The parking garage is designed such that there is plenty of room before cars reach an impediment such as a gate. This will help alleviate traffic from blocking the driveway. To address any concerns regarding traffic backing up on El Camino Real at La Costa Avenue and blocking the driveway, there is a potential solution that the City Traffic Engineer has proposed for restriping El Camino Real in the area where the new driveway is proposed. Commissioner Siekmann asked about the potential restriping along El Camino Real and if the striping would be broken for the bike lane. Mr. Schlaefli stated that the striping would have to be designed to standards and that would be something that they can explore. Commissioner Segall asked if the northbound right turn lane is a dedicated right turn lane. Mr. Schlaefli stated that it is actually a shared right turn lane. Mr. Stone stated that, relative to the noise, the proposed operational uses should not cause any one to be maintaining the center at odd hours of night. They will work with the city regarding delivery truck hours for the proposed specialty grocery store. Commissioner Scully stated the staff report claims deliveries after 10:00 p.m. will not be allowed. Mr. Stone stated that was correct and typically deliveries occur in the morning hours. Commissioner Scully asked what the dedicated times are for the cleaning and maintenance of the center. Mr. Stone stated typical hours for cleaning are in the morning between 7:00 and 9:00 a.m. Commissioner L’Heureux asked if there will be an onsite manager for the apartments. Mr. Stone stated not initially, but it could be something they look into. Commissioner L’Heureux suggested that they look into it as it could solve many of the potential issues that might arise. Commissioner Anderson commented that it was her understanding that there can be a limit to occupancy as long as it is consistent. Mr. Stone agreed and stated that it is in their best interest to limit the unit occupancy. Commissioner Siekmann suggested that they could have a manager onsite during the day and hire a security guard for the nighttime hours. She also suggested providing the neighbors with a contact name and phone number during the construction phase. Mr. Fiedler stated that the noise study found that the noise levels generated from La Costa Avenue and El Camino Real onto the new residential units was within the city’s noise standards. The study also provided future exterior noise levels at the building facades so that exterior to interior noise can be studied when the building plans are complete to ensure it complies with Title 24. Mr. Fiedler further commented that the study also analyzed future project noise including HVAC units and loading dock activities, and it is projected to be in compliance with the city’s 60 CNEL at the project property line. Construction noise at the residential property line to the southeast was also discussed in the study and it was noted the city limits the hours at which construction can occur but not the noise levels generated from it. Nighttime noise generation from street sweepers or delivery trucks was not studied as it was not brought up until this evening. Commissioner Siekmann asked if the HVAC was modeled at night. Mr. Fiedler stated yes. Planning Commission Minutes April 16, 2014 Page 8 Commissioner L’Heureux asked if Mr. Fiedler modeled the noise anticipated to be generated from the outdoor recreation area. He commented that if the demographics are younger adults, the fire pits, barbeques, and jacuzzis will most likely generate quite a bit of noise. Mr. Fiedler stated that those issues were not specifically addressed as those are more isolated incidents; however the way the project is designed is the best use of space as those areas are within a courtyard shielded by two levels of residential units which will essentially block noise from reaching the residents on the hill. Commissioner Segall asked if the specialty grocery store will be open 24 hours. Mr. Stone stated no. Chairperson Black asked staff to respond to the issues raised during public testimony. Ms. Werneke replied to Mr. Voss’s comments regarding the adequacy of open space and parks in the southeast quadrant, stating that pursuant to the last fiscal year’s Growth Management Plan and Monitoring Report, the city is adequately providing open space and parks for the quadrant. Ms. Mobaldi added that Mr. DeLano’s comment was that inclusionary housing would have been required in any event and therefore it should not be an incentive for these variations in development standards, but in fact the city can no longer by law require, as a mandate, inclusionary housing based on the construction of market-rate rental product because of the Palmer decision. However If there is an incentive or concession that is given to the applicant by the city, then in return for that, the inclusionary housing may be required. That is exactly what happened in this case and the applicant has voluntarily agreed to include 20 percent inclusionary housing in the project. In light of that, the applicant is receiving the concessions in the development standards. Ms. Werneke also stated that bike facilities will be provided on the site and it is a standard requirement under the Green Building Code. With respect to the project exceeding the height limit, Ms. Werneke stated the two specific findings can be met and an incentive for providing affordable housing is less restrictive development standards. Ms. Werneke commented on noise generated by leaf blowers or other maintenance equipment, she pointed out that Condition No. 32 of the resolution limits the delivery hours to between 7:00 a.m. to 10:00 p.m. to the maximum extent feasible. The Commission could modify that condition if it they felt it necessary to include hours for maintenance and cleaning of the site. Commissioner Scully asked if limiting the hours for cleaning and maintenance of the facility could be included in that condition. Ms. Werneke stated yes however she feels the issues might eventually police themselves because of the nearby residents. Commissioner L’Heureux asked if the restriping of El Camino Real could also be added as a condition. Ms. Werneke stated that Condition No. 55c “requires the developer to prepare and process public improvement plans including street lights, driveway approaches, pedestrian accessibility ramps, and signing and restriping of northbound El Camino Real.” It was her understanding that this condition applied to the removal of the driveway, however it could be applied to the new striping of the driveway. DISCUSSION Commissioner Segall stated he supports the project as it is a great addition to the community and he feels the proposal fits with the vision of Envision Carlsbad as well as the General Plan update. He commented that it will afford the residents opportunities to shop and live in the community. Commissioner Siekmann stated she can support the project and looks forward to seeing it complete. She thanked staff and the applicant for their work on the project. Commissioner Anderson stated she is concerned about not being able to see the street restriping and with the placement of the new driveway and stated she is not thrilled with the height of the buildings as she feels they will be towering structures along El Camino Real. Commissioner L’Heureux thanked staff for their hard work in bringing this project forward to the Commission. He stated he can support the project. Planning Commission Minutes April 16, 2014 Page 9 Commissioner Scully stated she can also support the project and stated her concurrence with her fellow Commissioners. Chairperson Black commented that he can also support the project. Commissioner Anderson stated that there was discussion about including hours for the site maintenance. Mr. Neu stated it could added to Condition No. 32 or it could be a separate condition. Commissioner Anderson asked why that condition pertains only to Building 7710. Ms. Werneke stated that is where the loading dock is located and it is not anticipated to have deliveries at night for the smaller retail tenants throughout the site. Commissioner Segall stated he is fine with self-management and he does not want to overregulate this project. He feels the residents living onsite will be the first to bring up any issues. Commissioner L’Heureux commented that he would like more clarity in the condition regarding the restriping of El Camino Real but he could leave it up to the Traffic Engineer to review and make any modifications needed. Commissioner Siekmann asked if Staff feels the condition regarding the restriping of El Camino Real is appropriate given the comments from the Commission. Ms. Werneke stated that she feels there is enough flexibility in the condition to address the issues from the Commission and she stated she would follow up on the issue when it is appropriate. Commissioner Scully stated she is agreeable to not adding any more conditions to the project regarding the cleaning of the site. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 7044 approving a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and adopt Planning Commission Resolutions No. 7045 approving a Site Development Plan Amendment (SDP 78-03(D)), Site Development Plan (SDP 13-03), Special Use Permit (SUP 13-01), Nonresidential Planned Development Permit (PUD 13-02) and a Minor Subdivision (MS 13-01), based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Scully, Commissioner Segall and Commission Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 3 and called for the 5-minute recess. RECESS Chairperson Black called for a 5-minute recess at 9:00 p.m. MEETING CALLED TO ORDER Chairperson Black called the meeting to order with all Commissioners present and asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. Planning Commission Minutes April 16, 2014 Page 10 4. GPA 14-01/ZCA 14-01/PDP 00-02(F)/SP 144(O) – CECP AMENDMENT – Request for recommendations of approval to adopt (1) a General Plan Amendment to modify the description of the Public Utilities (U) land use designation to support the amended Carlsbad Energy Center Project (CECP); (2) a Zone Code Amendment to the Public Utility (P-U) Zone to repeal Ordinance CS-158 and revoke ZCA 11-05; (3) an amendment to the Encina Power Station Precise Development Plan as necessary to be consistent with the General Plan and Zoning Ordinance; and (4) a Specific Plan amendment to repeal the Encina Specific Plan. The City Planner has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) and Carlsbad Municipal Code Section 19.04.070 A.1.c.(1). Commissioner Siekmann recused herself from the dais due to being an intervener at the California Energy Commission regarding the project. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Barbara Kennedy would make the staff presentation. Ms. Kennedy gave a brief presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Seeing none, Chairperson Black asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 4. David Voss, 7743 Lucia Court, Carlsbad, representing North County Advocates, stated his concerns about the proposed peaker plant. Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony on Agenda Item 4 and asked staff to respond. Gary Barberio, Assistant City Manager, stated the project before the commission has to do with zoning and land use. DISCUSSION Commissioner Segall stated he supports the project as it is procedural in nature. Commissioner Anderson stated her support of the project. Commissioner L’Heureux thanked Mr. Barberio for his presentation at the previous Planning Commission meeting and also stated he supports the project. Commissioner Scully also stated her support of the project. Chairperson Black also supports the project. MOTION ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 7039, 7040, 7041 and 7042 recommending approval of a General Plan Amendment (GPA 14-01), Zone Code Amendment (ZCA 14-01), Precise Development Plan Amendment (PDP 00-02(F)), and Specific Plan Amendment (SP 144(O)) subject to the findings contained therein. VOTE: 5-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L’Heureux, Commissioner Scully and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Planning Commission Minutes April16, 2014 Page 11 Chairperson Black closed the public hearing on Agenda Item 4 and thanked Staff for their presentation. COMMISSION COMMENTS Commissioner Anderson inquired about the many banners currently being displayed at Car Country Carlsbad. Mr. Neu stated the issue could be forwarded to the Code Enforcement Division. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of April 16, 2014, was adjourned at \L'~ DON NEU City Planner Bridget Desmarais Minutes Clerk