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HomeMy WebLinkAbout2015-07-18; Planning Commission; MinutesPlanning Commission Minutes July 18, 2015 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 9:00 a.m. Date of Meeting: July 18, 2015 Place of Meeting: FARADAY CENTER CALL TO ORDER Chairperson Scully called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE Mayor Hall led the Pledge of Allegiance. ROLL CALL Present: Chairperson Scully, Commissioners Anderson, Black, L’Heureux, Montgomery, Segall and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Dave de Cordova, Principal Planner Jennifer Jesser, Senior Planner Corey Funk, Associate Planner Carl Stiehl, Associate Planner Jason Geldert, Engineering Manager Farah Nisan, Senior Office Specialist Kathy Dodson, Interim City Manager Gary Barberio, Assistant City Manager Glen Van Peski, Community & Economic Development Director Debbie Fountain, Housing & Neighborhood Services Director Patrick Thomas, Public Works Director Craig Williams, Mobility Manager Will Foss, Building Official Mike Grim, Senior Planner Chris Hazeltine, Parks & Recreation Director Kyle Lancaster, Parks Superintendent Michael Davis, Fire Chief Paul Mendes, Police Captain Kevin Lehan, Police Sergeant Jeff Smith, Police Sergeant Corporal Reid Shipley Corporal Alonso Develasco Corporal Shawn Lawton Corporal Mike Larson Corporal Allen Severy Corporal Gary Marshall The Planning Commission meeting was adjourned and reconvened to the Joint Special Meeting of the City Council and Planning Commission where Mayor Hall chaired the meeting. PLANNING COMMISSION PUBLIC HEARING Interim City Manager Kathy Dodson introduced Don Neu, City Planner, David de Cordova, Principal Planner, and Jennifer Jesser, Senior Planner to make the staff presentation. CORRECTED Planning Commission Minutes July 18, 2015 Page 2 1. EIR 13-02/GPA 07-02/ZCA 07-01/ZC 15-02/LCPA 07-02/SS 15-05/SS 15-06 – GENERAL PLAN UPDATE – Request that the Planning Commission recommend to the City Council: Certification of a Program Environmental Impact Report (including Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program) for the proposed draft General Plan, Climate Action Plan and associated amendments to the Zoning Ordinance, Zoning Map, Local Coastal Program land use and zoning maps, and Citywide Facilities and Improvement Plan; Approval of a General Plan Amendment to comprehensively update the General Plan, including the Housing Element; Approval of a Zoning Ordinance Amendment to amend the Zoning Map and Zoning Ordinance for consistency with the draft General Plan; Approval of a Zoning Map amendment for consistency with the draft General Plan; Approval of a Local Coastal Program (LCP) Amendment to amend the LCP Land Use and Zoning maps and LCP implementation plan consistent with the draft General Plan Land Use Map and Zoning Map and Zoning Ordinance; Approval of an amendment to the Citywide Facilities and Improvements Plan to amend the Growth Management circulation performance standard; Approval of a Climate Action Plan; and Approval of an allocation from the Excess Dwelling Unit Bank. Mr. Neu began the presentation on the General Plan Update (GPU) Overview. Ms. Jesser gave a presentation on Land Use Designation changes, Housing Element Update and the Mobility Element. Mr. de Cordova concluded the presentation on the Housing Element, Mobility Element and the Climate Action Plan. RECESS Mayor Hall called for a recess at 10:40 a.m. MEETING CALLED TO ORDER Mayor Hall called the meeting to order at 10:45 a.m. with all Commissioners and Council members present. Mayor Hall opened public testimony on Agenda Item 1 John Grant, 7358 Sea Farer Place, representing Tonya Lane, Shawn Scruten, Jane Lewinski, and Kelsy Lundz shared concerns with habitat preservation, open space and the quality of life in Carlsbad. Christine Crowley, 7450 Sundial Place, representing San Pacifico Development, San Sebastian Community, Phil and Letitia Schrupp, Karen Sebahar, Mike LaDouce, and Bobbie Peacock shared concerns with the General Plan Update going against the core values, all components of open space, increased housing density, parking, the Sustainability Element and the widening of Avenida Encinas, access from Carlsbad Boulevard to other properties, traffic on Ponto, neighborhood revitalization, connectivity, high density housing and noise. Bill Arnold, 3432 Don Ortega Drive, representing Rancho Carlsbad HOA, Russ Kohl, Claude Jones and Bryan Mace shared concerns with the Robertson Ranch Planning Areas 22 and property access from College Boulevard. Michael Sebahar, 7442 Sundial Place, representing Ponto Beachfront Development Review Committee, San Pacifico Community, Phil Schupp, Laticia Schupp, Gail Norman and Pat Travis shared concerns with housing density, high rise building, open space, trails, and habitat preservation. Marne Bouillon, 540 Meridian Way, representing Santander Residents, Ponto Beachfront Community, Stephen Edward, Patricia Machri, Jim Vecchio, Jack Kubota and Jacques Dallery shared concerns with the Poinsettia Shores Master Plan Amendments and the Ponto Beachfront Vision Plan. Stephen Gold, 4915 Refugio Avenue, representing the Sierra Club, Jeff Regan, Glenn Citrow and the Green Clun, Carlsbad High School, Dominick Sullivan, Caroline Allen and Jacqueline Penn shared concerns with the Climate Action Plan, a desire to add a goal to reach 100% renewable energy citywide, greenhouse gas emission and the livelihood of the community. Planning Commission Minutes July 18, 2015 Page 3 Alex De Taboada, 2349 Longfellow Road, representing the Sierra Club, Carlsbad High School Green Club, Caroline Allen, Arin Zwonitzer, Daniel Turner, A.J. Zwonitzer shared concerns that there should be a goal to reach 100% renewable energy. Madeleine Szabo, 5338 Forecastle Court, representing Friends of Carlsbad Scenic Corridor and Friends of Sunny Creek, the Kelly Family, Dona Wilcox, Karen Kelly, Joanne Sweeney, and Mike Krooplich shared concerns with the Sunny Creek density changes. Patricia Bleha, 3209 Fosca Street, and Howard Krausz, 3211 Fosca Street, representing North County Advocates, Mr. Krausz provided a handout on record to the Commission and shared concerns regarding the recirculation of the EIR, implementation of water supply and drought alerts. Tina Schmidt, 6545 Basalto Street, shared concerns regarding Cultural Arts, transportation shuttles to activity centers, land use development aesthetic designs and landscapes. Rob Mayars, 7803 Calle Lomas, representing North County Advocates shared concerns with open space, the Growth Management Plan and the Community Vision. Bill Hofman, 3156 Lionshead, representing the Kilroy Realty and Fenton Property shared support to staff recommendations. Ray Bender, 1015 Camino Del Arroyo Drive, provided a handout on record to the Commission and shared concerns with noise related to the Palomar Airport and modification to Policy 3-P.42, the compliance of the EIR with CEQA and housing requirements. Shawn Scranton, 7362 Escallonia Court, shared concerns with Ponto Beachfront. Don Christiansen, 3715 Longview Drive, shared concerns the water supply, renewable energy and battery storage. Michelle Miller, 2432 badger Lane, shared concerns regarding traffic and density at the Terraces of Sunny Creek. Michael McMahon, 2645 Sutter Street, shared concerns with the Climate Action Plan. Brian Bunnell, 925 Buena Place, stated concerns regarding changes for the property from R-3 to R-1 zoning. RECESS Mayor Hall called for a recess at 12:10 p.m. MEETING CALLED TO ORDER Mayor Hall called the meeting to order at 12:35 p.m. with all Commissioners and Council members present. Glenna Citron, 4915 Refugio Avenue, shared concerns with clean energy and the Community Choice and Aggregation should be added to the General Plan Update. Graham Thorley, 2539 El Gavilan Court, shared concerns with greenhouse gas emissions related to traffic and Palomar Airport. Cindi Vigne, 3880 Hibiscus Circle, stated her concerns with mixed use and commercial zoning in the Barrio on Carlsbad Village Drive. Sherry Alvarado, 3331 Tyler Street, representing Gil Alvarado, Julio Rameriz, Sarah Peterson, and Roy Sanchez, shared concerns regarding pedestrian crosswalks at the Senior Center from Chestnut Avenue to Pine Avenue, Roosevelt Street to Madison Street, and safe beach access. Planning Commission Minutes July 18, 2015 Page 4 Jane Norman, 1545 Burgundy Avenue and 1785 Chestnut Avenue, representing Amy Wong, Allen Oshima and Gerry Gahan, stated concerns regarding density. Barbara Keston, 7476 Capstan Drive, stated her concerns with the Ponto Beachfront Vision Plan on mobility, traffic, parking, high density zoning and water supply. Ellen Fawls, 538 Windsock Way, shared concerns regarding water supply, traffic on Ponto Beach and density. Lynda Halttunen, 7239 Plaza De La Costa, provided a handout on record to the Commission and shared concerns of noise from concerts at the La Costa Resort and the need for a Noise Ordinance. Paige Decino, 4155 Skyline Road, stated her concerns with renewable energy, open space, wildlife, climate change and native plant cataloging. Allen Sweet, 4444 Highland Drive, stated his concerns regarding trails and pedestrian priority over vehicles from the Mobility Element. Natalie Shapiro, 2202 South Coast Highway, Oceanside, representing the Buena Vista Audubon Society, shared concerns with the Climate Action Plan regarding open space and renewable energy. Katherine Kato, 3250 Sunny Creek Road, stated her concerns with the housing density in the North East quadrant. Casey Cinciarelli, Lyons Court, shared concerns regarding housing density. Socorro Anderson, 3420 Don Juan, stated concerns regarding affordable housing in the Village and Barrio. Ron Ashman, 5725 Kearny Villa Road, Suite D, provided a handout on record to the Commission and shared concerns regarding the Ponto Beachfront zoning ownership. Jack Henthorn, P.O. Box 237, provided a handout on record to the Commission and stated his support for the Palomar Oaks West site and commented on fire, flood and hazardous materials as they relate to the property. Gil Miltenberger, 2235 Encinas Boulevard, Suite 216, Encinitas, stated his concerns with the staff recommendation for the Palomar Oaks West property. Evelyn Montalbano, 2404 La Costa Avenue, stated her concerns with the NRG Cabrillo Power Plant, open space and renewable energy. Oscar Uranga, 2 Park Plaza, Suite 700, Irvine, stated that he supports the zoning of R-23 and not R-30 for the Ponto Residential site. Michael McSweeny, 9201 Spectrum Center Boulevard, San Diego, stated his concerns with the Housing Element to remove constraints, and requirements for inclusionary housing and affordable housing. Jackie Peacock, 2306 Lanyard Place, stated her concerns with the Climate Action Plan. Fred Sandquist, 6408 Crossbill Court, stated his concerns regarding the Ponto Beachfront Vision Plan, open space and public safety. Gigi Orlowski, 3729 Bennington Court, stated her concerns regarding renewable energy. De’Ann Weimer, 6606 Fiona Place, representing the Aviara Premier Collection HOA, shared concerns regarding open space and zoning on Poinsettia Lane. Diane Nygaard, 5020 Nighthawk Court, stated her concerns with renewable energy and open space. Michael and Marja Selna, 4901 El Camino Real, provided a handout on record to the Commission and stated that they support the General Plan and zoning changes to the Marja property. Planning Commission Minutes July 18, 2015 Page 5 RECESS Mayor Hall called for a recess at 1:50 p.m. MEETING CALLED TO ORDER Mayor Hall called the meeting to order at 2:04 p.m. with all Commissioners and Council members present. Mayor Hall asked if there were any other members of the audience who wished to speak on Agenda Item 1. Seeing none, Mayor Hall asked if there were any members of the audience who wished to speak on items not listed on the Agenda. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Elizabeth Banks, 418 Chinquapin Avenue, stated her concerns regarding the Caruso Initiative. Sherry Alvarado, 3331 Tyler Street, stated that she can support the changes to the Carlsbad Village & Barrio Master Plan and thanked staff. Ms. Dodson introduced staff to respond to the issues raised. Mr. Neu stated that the objective of the GPU in the Ponto area was to implement the Ponto Beachfront Vision Plan. Mr. Neu added that there were items studied during the GPU process at a higher density such as the R-30 designation considered throughout the process as a potential option. He also stated that it was done at the request of the property owner that the city consider the higher density. Mr. Neu stated that the staff recommendation to the Commission would implement the Ponto Beachfront Vision Plan. He stated that a project application has been submitted by the property owner which will go through the normal review process, an environmental review on the project will be done should the land use changes occur, and the project design will go through a review process with the Planning Commission. Mr. Neu stated that Robertson Ranch Planning Area 22 located on the southeast corner of College Boulevard and Cannon Road is proposed to change from an office land use designation to an R-30 designation. Mr. Neu added that staff recommends the Planning Area 22 change and are well aware of the compatibility issues raised by Rancho Carlsbad representatives. He stated that if the land use designation is changed, staff will work to implement mitigation or project design feature that would address those issues. Mr. Neu stated that the initial plan of the Sunny Creek Commercial areas was to look at properties beyond just the commercial piece itself. Surrounding properties were included in the analysis. He stated that staff’s recommendation is to consider just the commercial property and not recommending to change the adjacent properties from their current low density residential designation. Mr. Neu stated that staff is recommending changing 9.6 of the 17+ acre site to a residential category, which will help meet the housing element requirement for the higher density ranges. He replied to the residential care facilities issues and stated that a number of projects in the community are not counted as residential dwelling units, they are known as commercial living units as well as timeshare hotel units based on the municipal code. Mr. Neu added that the city has been through litigation in more recent years, and the city prevailed on that case, which validates the way of treating those as not residential dwelling units. For purposes of growth management, they are not treated as a residential dwelling unit. Mr. Neu also stated staff proposed land use changes that did not cause impacts to public facilities in terms of violating the growth management requirements and were analyzed in the EIR. He stated that aesthetics of development requests that additional emphasis be put in the land use community design element on that topic, is a possibility. Mr. Neu also stated that in terms of how the city has treated that issue historically, has been in the individual development plans or in zoning and other types of implementing standards in the area of residential single family. He added that there is a council policy that deals with architectural guidelines. Mr. Neu stated that some of the items being discussed that are specific could be included as policies in the General Plan, but in many cases, they are directed more at implementing measures or specific things that will be done in the next phase which will include updating the zoning code, or additional follow up ordinances. Planning Commission Minutes July 18, 2015 Page 6 Mr. Neu replied to a comment regarding the city needing to have a noise ordinance and stated that the noise regulations are primarily geared towards new development, as well as construction activities or manufacturing processes. He stated that the General Plan Noise Element does have a policy about revising the noise guidelines manual, however, it does not go as far to say consider a noise ordinance that would address other issues. Mr. Neu stated that the Planning Commission and City Council may consider and make some decisions to whether it is appropriate. He stated that staff has spent time with the county airport staff and public works staff to discuss provisions in the General Plan that address the expansion of the airport and requires the voters to authorize any expansion. Mr. Neu stated that the policies and the way that was placed in the city’s codes address the physical or the boundary expansion of the airport. He also stated that staff has spent time with the city’s legal staff and with county staff deliberating on what the city’s abilities are to regulate the airport. Mr. Neu added that staff tried to clarify what Carlsbad’s restrictions were on the land area expansion of the airport and address some of the compatibility issues. He stated that the General Plan and land use planning deals with uses in the vicinity of the airport and their requirement to be consistent with the Airport Land Use Compatibility Plan. He also stated that although it has been accomplished with the General Plan, operational topics were not discussed for the airport which were outside of the city’s purview. Mr. Neu replied to concerns regarding the cleanup mapping changes and stated that they are characterizing them as changes where adjustments to boundaries are made, or in some cases, have a General Plan and zoning designation that does not match one another and/or match what has been built. Staff’s recommendation was to change the zoning to be consisted with what was constructed and/or what the General Plan density was. Mr. Neu stated the process followed was to try to gain conformance with what was built as well as the densities that were planned for. Mr. Neu added that the Village & Barrio Master Plan will address the issues in the Barrio area south of Carlsbad Village Drive. Staff is not proposing changes to land use as part of this effort, but are proposing changes to that plan and to expand its boundaries. He stated that at this time, staff is reflecting changes that were made previously in terms of some density adjustments in the perimeter areas of the Barrio and trying to provide for infill development. Staff is not proposing to expand the commercial land uses, unless they come about in the Village & Barrio Master Plan. Mr. Neu stated the General Plan does propose or provide policies for rail crossings particularly in the Chestnut area as the city works with SANDAG and other agencies about potentially trenching the railroad through the northern part of the community. Mr. Neu added that staff’s proposal regarding the units in the excess dwelling bank is to keep within the voter mandated total number of residential units. The Growth Management program establishes dwelling unit limits by quadrant and when projects have not reached those potential unit capacities, they go into the excess bank and can be reallocated. He stated that staff proposes to leave surplus units in the unused units bank with the recommendation made and expect additional units to be deposited. Mr. Neu stated that there will be a point in time where we will reach the unit cap. Mr. Neu replied to the affordable housing density ranges issues and stated that staff feels that we are in good shape in terms of getting the state certification should the element be approved locally. He also stated that additional sites analyzed, such as the development on Palomar Oaks Way and others that the community members supported or opposed, were studied to provide flexibility for the decision makers as to which would be supported based on community feedback and the benefits and negatives of each site. Mr. Neu stated that a master response in the EIR shows a significant number of comments made by the community regarding open space. He added that in order to gain the 2% to achieve the goal of 40% open space would require 500 additional acres beyond what is already expected through implementation of the Habitat Management Plan. Mr. Neu also stated that all land use changes proposed today are not looking to change any open space lands, all the properties that are proposing to change in some fashion were already designated for some type of development whether it be residential or non-residential. He stated that adjustments have been made in some cases to reflect resources. Mr. Neu replied to issues regarding BIA and affordable housing requirements stating that staff is proposing to remain consistent with City Council Policy 43 and for any of the projects receiving density increases, there will be a higher affordable or inclusionary housing requirement. That is something that the City Council or the Planning Commission can modify. He added that the way the policy is crafted right now treats an allocation of units as a financial incentive and in exchange for that, since the excess dwelling units are a finite resource, staff felt that it was appropriate to try to obtain a commitment for affordable housing that was above the city’s 15%. Planning Commission Minutes July 18, 2015 Page 7 Mr. Neu stated although the GPU does not provide enough information addressing the issues of enforcement of rules in open space, it is mentioned in the Habitat Management Plan. He stated that many preserves that are under active management such as those by the Center for Natural Lands Management provide rangers and have limited availability as it is a matter of resources. Mr. de Cordova stated that during the analysis of the Climate Action Plan, staff evaluated a full range of potential measures that could be included. He stated that the approach was to consider applicability to the community and that it could be achievable, measureable and enforceable. Mr. de Cordova also stated that there is an ability to adapt the Climate Action Plan to changing circumstances and the component for monitoring and measuring the progress in the implementation of each measure were bolstered during the revisions of the CAP. ADJOURNMENT Mayor Hall adjourned the Joint City Council and Planning Commission Meeting at 2:04 p.m. RECESS Chairperson Scully called for a recess at 2:41 p.m. to allow the City Council to leave the meeting. MEETING CALLED TO ORDER Chairperson Scully called the meeting to order at 2:44 p.m. with all Commissioners present. Chairperson Scully closed the public testimony on Agenda Item 1. Chairperson Scully asked for each Commissioner to provide staff specific areas of concern or topics for the next meeting. DISCUSSION Commissioner Segall has some concerns about the Mobility Element regarding the Multi Modal Level of Service, prioritizing of bikes and pedestrians over vehicles on most streets. He stated that he would like to see the reach of Cannon Road going from the high school into Oceanside be taken out of put in the plan. Commissioner Segall stated his concerns with the lack of coordination of the signalization of traffic lights that increase GHG emissions, the testimony from the Ponto Beachfront residents, density and traffic issues, and what is expected of the plan regarding the issues. He concluded with Robertson Ranch PA 22 and its impact on Rancho Carlsbad. Commissioner Montgomery stated that he wanted to discuss some issues regarding open space and he would like the commission to deliberate on how open space is acquired in the future. He stated that he would like to see staff provide a recommendation that the Commission follow the recommendation from the ADHOC open space committee that was formed 6 years ago and utilize the weighted priorities that were set forth in that committee as a reference point. Commissioner Montgomery stated his concerns with the Ponto Beachfront issues and stated that staff should be more specific on a parcel by parcel basis and would prefer to follow it. He also would like staff to express the downside of setting high goals of reaching 100% renewable energy or 40% open space whether it is achievable and realistic. Commissioner Black stated that staff should consider the shifting in density in the Ponto Beachfront community. He stated that the water supply should be considered to what could be proposed for the future, and the cost CAP implementation. Commissioner Siekmann stated her concerns with the Mobility Element and education to the citizens. She also stated her concerns with the CAP, airport emissions and battery storage should be considered. Commissioner Siekmann stated that she did not see language in the CAP that states to close doors while heating and cooling during business hours to help reduce GHG emissions. She stated that a CAP commission or a committee would be helpful to the city and should be considered as it may generate great ideas. Commissioner Siekmann stated that she is in favor of 100% renewable energy. She stated her concerns with public safety and would like to protect the city’s computer systems with sensitive information. She also stated her concerns regarding the implementation of solar trees in the parking lots owned by the city and an education plan to go along with the CAP. Commissioner Siekmann stated that she would like to see a program educating on the full cycle of construction and its effects on emissions. She asked if it is feasible to trench the railroad as it impacts so many citizens in the community and concluded with her concerns regarding Veterans Park and how it is divisible between other quadrants, water supply, and citizen science committee is a fabulous idea. CORRECTED Planning Commission Minutes July 18, 2015 Page 8 Commissioner L'Heureux stated his concerns with the Mobility Element and the issues between pedestrians and vehicles, the implementation of culture and design of the city, discussion on noise and whether the city should have a noise ordinance, discuss concerns on Ambrosia and Ponto Beachfront properties. Commissioner Anderson stated that she concurs with her fellow commissioners regarding issues with the Mobility Element, Ponto Beachfront, parking, 20% requirement for affordable housing on increased densities. Noise, locked parks and why they are not accessible as open space, feasibility of implementing specific quantifiable regulation on water meters. Chairperson Scully stated her concerns with the Mobility Element, locked parks and their impacts, changing of the inclusionary housing number from 15% to 20% as well as· other issues raised by her fellow commissioners. COMMISSION COMMENTS Commissioner L'Heureux stated that it would be good to have a brief review about neighborhood parks. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS Mr. Ball stated that the Commission should segment their conflicts of interest, discuss and make a decision. ADJOURNMENT By proper motion, the Special Meeting of the City Council and Planning Commission of July 18, 2015 was adjourned at 3:31 p.m. and continued to a date and time specific of Wednesday, July 22, 2015 at 4:00p.m. to be held at the City Council Chambers at 1200 Carlsbad Village Drive. DON NEU City Planner Farah Nisan Minutes Clerk