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HomeMy WebLinkAbout2016-07-20; Planning Commission; MinutesPlanning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER July 20, 2016 PLANNING COMMISSION 6:00p.m. July 20, 2016 COUNCIL CHAMBERS Vice Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black: led the Pledge of Allegiance. ROLLCALL CORRECTED Page 1 Present: Commissioners Black, Goyarts, L'Heureux, Montgomery, Siekmann, and Segall Absent: Chairperson Anderson STAFF PRESENT Don Neu, City Planner Heather Stroud, Assistant City Attorney Farah Nisan, Senior Office Specialist Teri Delcamp, Senior Planner Austin Silva, Associate Planner Shannon Werneke, Associate Planner Chris Garcia, Associiate Planner Jason Geldert, Engineering Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Sonny Lazarus, 1202 Basswood, stated that he noticed flashing lights for pedestrians and thanked the Planning Commission for making the effort in trying to save the lives of people. Mr. Lazarus asked why the yellow flashing lights are not red if the intent is for drivers to stop at the cross walk for pedestrians. Mr. Neu stated that yellow flashing li~Jhts are intended for alerting the drivers to yield to the pedestrians for caution, therefore they are not red for stopping. Mr. Neu also stated that staff would forward Mr. Lazarus' inquiry to the traffic engineer. PLANNING COMMISSION PUBLIC HEARING Vice Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1. CUP 16-02-VERIZON CARLSBAD VILLAGE-Request for approval of a Conditional Use Permit to allow for the installation, operation, and maintenance of a new unmanned Wireless Communication Facility (WCF) consisting of three sectors of four antennas (12 total), 12 Remote Radio Units (RRU), three surge protection units, two equipment cabinets, one stand-by generator, and one Global Positioning System (GPS) antenna mounted behind new radio frequency (RF) transparent screens on the roof of an existing office building located at 3150 Pio Pico Drive and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary o1' Resources has found not to have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303-New Construction of Small Structures, of the State CEQA Guidelines. Planning Commission Minutes July 20, 2016 Page 2 Mr. Neu introduced Agenda Item 1 and stated Associate Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Commissioner L'Heureux stated that a letter dated July 9, 2016 was received during briefings from Jan Lazarus. Vice Chairperson Segall asked if there were any questions of staff. Commissioner Black asked if the equipment on the roof emits noise. Mr. Silva stated yes, the standby generator generates noise. Vice Chairperson Segall asked Mr. Neu to clarify the Commission's purview in terms of wireless communication facility approvals. Mr. Neu stated Council Policy 64 is focused on location and the aesthetics for cell sites as there are a number of federal laws that address what cities can and cannot regulate as it relates to wireless facilities and the radio frequency emissions. Assistant City Attorney Heather Stroud confirmed as stated in Council Policy 64, that the city cannot deny an application because of perceived radio frequency health hazards and that it is an area of law that is preempted by the FCC statues and regulations. Ms. Stroud also stated that as long as the applicant has shown that they are in compliance with the federal regulations, then the application cannot be denied on those grounds. Vice Chairperson Segall asked if there were any further questions of staff. Commissioner Goyarts statE~d that the city should send a letter to the FCC recommending a 1,500 foot radius distance around schools. Mr. Neu stated that the City Council develops a legislative platform that includes various issues or potentially new laws that they are following and taking an official position on for the city however, he is not aware that Commissioner Goyarts' recommendation is part of the Council's legislative platform. Mr. Neu added that in the past, staff is more focused on what the law dictated as far as the discretion the city has and the issues of the health effects have been considered on various projects as there are studies on both sides of the issue, not being experts in the field, the city has chosen to say when there is an official detE~rmination by a governing body that is going to dictate the new rules that staff will fall in line with as staff has not been involved with taking a position one way or the other. Vice Chairperson Segall aslked if there were any other questions of staff. Seeing none, he asked if the applicant wished to make the presentation. Christine Song, 2749 Saturn Street, Brea, CA 92821, stated that she is available to answer any questions. Commissioner Black asked if there have been any measurements of the noise decibels generated from the outside of the building. Ms. Song stated that the emergency backup generator would only run once a month when it is being tested for efficiency and operational standards. Mr. Silva stated that the emergency backup generator will only run durin~! emergencies on rare occurrences and no noise studies have been conducted. Commissioner L'Heureux asked if the monthly testing of the generators is operational during business hours, how long the generators will be on for and if the tenants in the building will be disturbed during that time. Ms. Song stated that it would typically take 15 minutes and that it should not produce significant noise that would disturb the tenants. Ms. Song also stated that the testing of the generators could be arranged by the Planning Commission or staff as a condition to operate on the weekends or weekdays. Vice Chairperson Segall asked if there were any further questions of the applicant. Seeing none, he asked if any person in the audience wished to speak on the item. Vice Chairperson Segall opened the public testimony on Agenda Item 1. Jan Lazarus, 1202 Basswood Avenue, stated her concerns with increased health risks from radiation and electromagnetic field exposure, the location of the cell site near a school and a community park where children play. Planning Commission Minutes July 20, 2016 Page 3 Commissioner L'Heureux suggests that Ms. Lazarus' research and documents should be forwarded to the state and federal elected officials as well as the FCC. Bill Larson, 1428 Pine Avenue, stated that he is the owner of the building and that the building was a Nextel cell site many years ago. Mr. Larson stated that he is also available to answer any questions. Tony Lazarus, 1202 Basswood Avenue, stated that his concerns with radiation and electromagnetic field exposure. Vice Chairperson Segall asked if there any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony on Agenda Item 1. DISCUSSION Commissioner Montgomery stated that the subject comes across the Dias every few years and are approved at all times. He also stated that it causes the Commission to be in a conundrum as they have denied a cell site in the past but the decision was overturned by the courts and the city was forced to approve the cell site. Commissioner Montgomery stated that the Commission have denied an item for caution and the benefit of the citizens, although there is no legal way of denying an item. He stated that he had issues with the increasing parapet and is visible on all sides of the building, however it meets the height restrictions. He can support the project. Commissioner Black stated that he had no architectural issues involved with the-parapet as it fully covers the equipment. He stated his concerns with noise from the generator and agrees with his fellow Commissioners regarding the legal approval of cell sites. Commissioner Black stated that he will have to approve the project. Commissioner Goyarts stated that he can approve the project. Commissioner Siekmann stated that she has the same concerns as the residents and that the Commission's hands are tied. Commissioner Siekmann stated that she will approve the project. Commissioner L'Heureux stated that he can support the project with the height of 32 feet instead of 35 feet. Vice Chairperson Segall stated that he can also approve the project although he is unhappy about it. He stated that the Commission have denied a cell site project that resulted in the Commission being sued individually and collectively as a Commission and were informed that the Commission does not have authority relative to FCC re~~ulations. Vice Chairperson Segall stated that he will reluctantly approve the project. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner L'Heureux and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7182 approving CUP 16-02 for a period of 10 years, based on the findings and subject to the conditions contained therein. 6-0 Vice Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann None Chairperson Anderson ABSTAIN: None Vice Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. Planning Commission Minutt:ls July 20, 2016 Page4 3. COP 16-18iAV 16-03 -RANCHO PARADISO -Request for approval of a Coastal Development Permit and Minor Variance to allow for the construction of a 1,983 square foot single-family residence with an attached two-car garage within the Mello II Segment of the eity's Local Coastal Program generally located on the north side of Normandy Lane (APN 203-0:23-04-00) within Local Facilities Management Zone 1. The project site is not 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 15303(a}, construction of a single-family residence and Section 15305, minor alterations in land use limitations, of the state CEQA Guidelines. Mr. Neu stated that staff is recommending that Agenda Item 3 be continued to a date certain of August 17, 2016. MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Siekmann that the Planning Commission continue item 3 to August 17, 2016 VOTE: 6-0 AYES: Vice Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Chairperson Anderson ABSTAIN: None Vice Chairperson Segall closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. COP 16-06 -BAPTIE RESIDENCE -Request for approval of a Coastal Development Permit to allow for the construction of a 3,668 square foot, two-story single family residence with an attached two-car garage within the Mello II Segment of the Local Coastal Program located at ~>070 Carlsbad Boulevard within Local Facilities Management Zone 3. The project site is not located 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 Secn~tary 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 15303(a), construction of a single family residence of the state CEQA Guidelines. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Commissioner Siekmann stated that she would like to recuse herself from Agenda Item 2. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Vice Chairperson Segall asked if there were any questions of staff. Commissioner L'Heureux asked why there were no street improvements, stated that he would like an explanation of why the exislting AC berm was to remain, and what is in the area between the end of the sidewalk and the driveway. Jason Geldert, Engineering Manager, stated that there is a potential project that was being discussed in the community that Public Works was working on the designs and they don't know what the final designs will be within that area. Mr. Geldert stated that instead of requiring a specific improvement, staff would allow it to remain with what has been developed on the plan, Public Works will then come back at a later elate to work on the improvements. Commissioner L'Heureux asked if Public Works decides when a sidewalk, curb and gutter is needed, that that will be at the expense of the city. Mr. Geldert stated that prior to obtaining a building permit, the applicant would have to enter into a Planning Commission Minutt3S July 20, 2016 Page 5 Neighborhood Improvement Agreement and although this project does not require formal landscape plans, staff would review the landsGaping area for stability as part of the grading and building submittal package. Commissioner L'Heureux aslked if cars parking in between the end of the existing sidewalk and the driveway is allowable. Mr. Geldert stated that there is no prohibition for car parking there. Commissioner L'Heureux asked if the city is required to maintain the deterioration caused by cars driving over the berm. Mr. Geldert stated that the homeowner is required to maintain parkway frontage and right of way in front of their property with the exception of the pavement section. · Commissioner Black asked if construction equipment would impact traffic on Carlsbad Boulevard. Mr. Geldert stated that staff has requirements put in place for a construction exhibit as to where the equipment will be staged throughout the construction phase and to minimize any impact to the road, the neighborhood and access to the property. Vice Chairperson Segall asked if there is a sidewalk in front of the properties south of the subject property. Mr. Geldert stated no. Vice Chairperson Segall asked if the property immediately to the south has a berm. Mr. Geldert stated no. He asked where pedestrians would walk. Mr. Geldert stated pedestrian access is located across the street from the subject property. Vice Chairperson Segall asked if the Commission could add a condition to begin construction after a busy summer season to avoid heavy traffic. Mr. Geldert stated that the municipal code does not have restrictions on construction at a specific time of the year. Ms. Stroud stated that if the restriction is not mentioned in the municipal code book, and if it has not happened in the past on similar projects, then there would need to be some special circumstances to justify that restriction. Vice Chairperson Segall asked what is going to be stored in the equipment room. Ms. Werneke stated that the primary use of the room iis to store equipment related to the maintenance and operation to the elevator. Vice Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Sam Wright, 2911 State Street, Suite N, gave a brief presentation and stated he would be available to answer questions. Vice Chairperson Segall asked if there were any questions of the applicant. Commissioner Goyarts asked if Mr. Wright is willing to build a 10 foot retaining wall in line with the other retaining wall to allow for a sidewalk. Mr. Wright understands that it would be an Administrative Variance that would be approved by the City Planner. Ms. Werneke confirmed that anything over 42 inches would be an Administrative Variance subject to the City Planner's approval. Mr. Neu stated that it is not staff's preference to construct a 10 foot wall on the subject property. He also stated that the city has been trying to get the public's input for t~te coastal corridor improvements offering various alternatives, yet the selection of the preferred alternative has not been made. Vice Chairperson Segall asked if there were any further questions of the applicant. Seeing none, he asked if any person in the audience wished to speak on the item. Seeing none, Vice Chairperson Segall opened and closed public testimony on Agenda Item 2. DISCUSSION Commissioner Montgomery commented that he is not in favor of extending a sidewalk through from the eastside of Carlsbad Boulevard. He also stated that he liked the contemporary look of the house and can support the project. Commissioner Black stated that he is in favor of the architecture and modernization of the property as it matches the property immediately to the south. Commissioner Black can support the project. Commissioner Goyarts stated that he would prefer to have the berm wall removed entirely and cannot support the project until provisions are made for pedestrian access. Commissioner L'Heureux commented that he likes the architecture of the property, although he is lost on the frontage improvements without renderings to visualize. Commissioner L'Heureux stated that he cannot support the project. Planning Commission Minutes July 20, 2016 Page6 Vice Chairperson Segall asked Mr. Neu if he had any suggestions on returning to the Planning Commission with renderings showing future improvements to the right of way. Mr. Neu stated that the project's civil engineer could clarify what is proposed on the project exhibits. John Strominger, 3588 Gorge Place, made a brief presentation to address the Commission's concerns. Vice Chairperson Segall stated his concerns with construction during the busy summer season. He stated that the equipment room should only be utilized for storing equipment. He can support the project. MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7185 approving Coastal Development Permit COP 16-06, based upon the findings and subject to the conditions contained therein. VOTE: 4-1-2 AYES: Vice Chairperson Segall, Commissioner Black, Commissioner L'Heureux, and Commiissioner Montgomery NOES: Commissioner Goyarts ABSENT: Chairp1erson Anderson ABSTAIN: Commissioner Siekmann Vice Chairperson Segall closed the public hearing on Agenda Item 2. RECESS Vice Chairperson Segall called for a 10-minute recess at 8:25p.m. MEETING CALLED TO ORIDER Chairperson Segall called the meeting to order at 8:35 p.m. with all Commissioners present. Vice Chairperson Segall asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. PCD 16-01-SUNROAD ENTERPRISES APPEAL-APPEAL OF A CITY PLANNER DETERMINATION-Request to grant an appeal of the City Planner's determination that a non-medical counseling use proposed to be located at 5858 Dryden Place within Local Facilities Management Zone 5 is not a permitted use in the Carlsbad Airport Centre Specific Plan (SP 181(G)). Mr. Neu introduced Agenda Item 4 and stated Senior Planner Teri Delcamp would make the staff presentation. Ms. Delcamp gave a brief presentation and stated she would be available to answer any questions. Vice Chairperson Segall ask:ed if there were any questions of staff. Seeing none, she asked if the applicant wished to make the presentation. Tom Story, 8259 LaurelridgE~ Road, San Diego, gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Segall asked if there were any questions of the applicant. Commissioner Black asked what types of counseling is offered. Brent Rosenkranz, 5858 Dryden Place, Carlsbad, stated that there is a variety of counseling offered such as one on one sessions with marriage or family therapists, life coaching, and that the type of business is Planning Commission Minutes July 20, 2016 Page 7 not a clinic. Mr. Rosencrans stated that other locations are coexisting and intermixed. Commissioner Black asked if the counselors are licensed. Mr. Rosencrans stated yes, there is a wide variety of licensed counselors such as marriage and family therapists, an occasional doctor who is a psychiatrist, and a psychologist. He also stated that some have professional degrees, while some do not. Commissioner Siekmann asked if counselors file claims through medical insurance. Mr. Rosencrans stated yes. Commissioner Siekmann asked if a psychiatrist would write prescriptions to patients. Mr. Rosencrans stated that he is not aware of them writing out prescriptions to patients however, it is possible as they might do SO. Vice Chairperson Segall asked if there were any further questions of the applicant. Seeing none, he asked if any person in the audience wished to speak on the item. Seeing none, Vice Chairperson Segall opened and closed public testimony on Agenda Item 3. Mr. Neu addressed the uses of the zones within the area and stated the use of offices which do not attract nor are primarily dependent upon business customers visiting the office, specifically calling out a prohibition against medical and dental offices. Some offices in that zone are businesses that do attract customers. The Planned Industrial zone was set up for business to business, corporate headquarters and manufacturing companies. Mr. Neu also stated that it was not intended to be a commercial or office zone, however, it is intended for office uses that do attract customers and medical uses are not permitted. DISCUSSION Commissioner Montgomery stated that he feels he should stand on the side of the City Planner's decision and can approve the denial of the application. Commissioner Black stated that he can approve the denial. Commissioner Goyarts stated that the requested use does not fit the permitted uses and he can support the denial. Commissioner Siekmann stated that she can approve the denial. Commissioner L'Heureux stated that staff has been consistent with the determination and that he can support the upholding of the City Planner's determination to deny the appeal. Vice Chairperson Segall also stated that he can support the denial of the City Planner's determination. MOTION ACTION: VOTE: AYES: Motion by Commissioner L'Heureux and duly seconded by Commissioner Goyarts that the Planning Commission approve Planning Commission Resolution No. 7184, denying the appeal of Sunroad Enterprises and determining that non-medical counse11ing is a prohibited use in the Carlsbad Airport Centre Specific Plan (SP 181(G)) based on the findings contained therein. 6-0 Vice Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Chairperson Anderson ABSTAIN: None Vice Chairperson Segall closed the public hearing on Agenda Item 4 and thanked staff for their presentations. Planning Commission Minutes July 20, 2016 CORRECTED Page 8 COMMISSION COMMENTS Vice Chairperson Segall stat1ed that he will be attending the Planning Commissioner's Academy Planning Committee for the League of California Cities on behalf of the Commissioners and asked the Commissioners for their input regarding session topics. Commissioner Goyarts stated topics to discuss with the Commission in preparation to the League of California Cities-Planning Commission's Academy conference held on March 2016 such as as mixed use development versus timeshare, 101 coastal development and working with the surrounding cities, building height limits, architecture, parking structure best practices, view ordinances, privacy ordinances, infill development, and fences for neighborhoods. Commissioner Siekmann stated that she would like to add incorporating Climate Action Plans, higher densities, noise ordinances and sea level rise issues to the discussion. Commissioner L'Heureux stated that it would be interesting to learn about other cities who are implementing applications that allow for the public to submit their concerns to staff and discussion on infill development. Commissioner Montgomery stated that he would like to discuss the implementation of a series of roundabouts along the highwaty and what it can do to benefit a community. He also stated that he would love to have a seminar that addressed allowing businesses in the downtown area the opportunity to expand their outdoor footprint into the right of way and how that's implemented and integrated. Commissioner Black stated that while the city is currently in the process of finalizing the Village & Barrio Master Plan, he would like to know what the outcome is when other cities handle a name change to a cultural part of other major cities such as Los Angeles and San Francisco. Commissioner Black stated that he would also like to discuss sharrows. CITY PLANNER COMMENTS Mr. Neu stated that the Planning Commissioner's conference offers two separate tracks, one for experienced Commissioner, and one for new Commissioners. He asked how the Commissioners would like to receive project informattion during briefings and how, as a Commission, they can work to come to a decision sooner rather than later. Vice Chairperson Segall stated that he appreciates the quality of work they receive from staff. Mr. Geldert stated that the Planning Commission will be hearing more of the necessity of future traffic demand management. Mr. Geldert also stated that he would like to discuss sustainable mobility, how it's incorporated in the development and planning citywide and how the private developments contribute to it. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of July 20, 2016 was adjourned at 9:01 p.m. ~~ DON NEU City Planner Farah Nisan Minutes Clerk