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HomeMy WebLinkAbout2021-01-13; Planning Commission; MinutesPLANNING COMMISSION Minutes JAN . 13, 2021 CALL TO ORDER: 3:30 p.m. City Council Chamber 1200 Carlsbad Vil lage Drive Carlsbad, CA 92008 ROLL CALL: Anderson, Geidner, Lafferty, Meenes, Merz, Luna, and Stine. APPROVAL OF MINUTES: Motion by Commissioner Meenes, seconded by Commissioner Luna, to approve the Dec. 2, 2020 meeting minutes as amended. Motion carried 7 /0. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: Resident Tommy Dean asked if he will be able to rebuild his home with the same structure or if he will be limited to rebuild with new guidelines. He expressed concern that implications with future setbacks will be · calculated assuming the existence of no shore protection. He states that the LCP Update should remove LCP-7-P.16, LCP-7-P.17, LCP-7-P.20E, LPC-7-P.22 and LPC-7-P.21 as all these proposals are not part of the coastal act and violate constitutional property rights. Resident T Rassman commented that just because the planning commission can keep Planning Area Fland use change recommendations as drafted does not mean they should. He asks that proposed land changes to Planning Area F be removed from the draft LCP Update. PLANNING COMMISSION PUBLIC HEARING: Chair Anderson opened the public hearing for Item 1. 1. LCPA 15-07 /ZC 2020-0002 {DEV15061)/AMEND 2020-0014 {DEV08014) -Local Coastal Program Update -A request for a Planning Commission recommendation of approval of a comprehensive Local Coastal Program Land Use Plan update, including associated amendments to other components of the Local Coastal Program -Zonirig Map, Poinsettia Shores Master Plan and Village and Barrio Master Plan. The preparation and adoption of a local coastal program by a local government is statutorily exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15265. City Planner Neu introduced Agenda Item 1. COMMISSON DISCUSSION: Draft Chapter 6 -Environmentally Sensitive Habitat Areas and Water Quality Commissioner Geidner notes there are impaired bodies of water identified within the city. She asked what is being done to address impaired water bodies. Assistant City Attorney Kemp confirmed that Public Works has a stormwater department responsible for these issues and the Regional Water Quality Control Board of San Diego views this as a watershed approach. Additionally, various regional jurisdictions coordinate to identify pollutants and treat pollution at the source. Planning Commission Minutes Jan. 13,2021 Page 2 In response, the Planning Commission recommended adding reference that the Public Works department, and other regional jurisdictions, are taking measures to mitigate existing conditions of impaired bodies of water. Chair Anderson asked for clarification in regard to whether Batiquitos Lagoon is identified as an impaired water body. Senior Planner Jesser confirmed that revisions have be.en proposed to identify Batiquitos Lagoon as an impaired body of water. In response to Commissioner Stine's comment that language stating beach clean-up restrictions for habitats with sensitive species present are too limiting, Commissioner Meenes recommended staff make amendments to make the policy less restrictive. Richard Beck on behalf of Michael Baker International provided the following text as a revision to the policy, which received unanimous support from the Planning Commission: Ensure large-scale beach maintenance activities avoid adverse impacts to the beach ecosystem, including beach wrack and near shore habitat during the spring nesting season (April-August). Organized beach grooming should be avoided to the extent feasible but would be allowed to decrease impacts of high flying insect populations and large beach displacement areas on beachgoers. Altemative beach maintenance activities, such as manual beach cleaning, should be restricted when sensitive species are present on the beach (e.g., grunion, western snowy plover and least tern); when sensitive species are present, limit beach maintenance to areas located more than 10 feet landward of the beach wrack habitat line or mean high tide line, whichever is farthest landward. Draft Chapter 7 -Coastal Hazards Chair Anderson asked whether the term 'existing structure' will be added to the glossary to clarify which structures will be classified as existing. Senior Planner Jesser stated that existing structures referenced within the policy will be classified as structures built prior to Coastal Commission certification of the LCP Update, and the term can be added to the glossary applying only in context to LCP-7-P.20. A 10-minute recess was called at 5:05 p.m., the meeting resumed at 5:15 p.m. Draft Chapter 8 -Glossary Chair Anderson confirms, with unanimous support from the Planning Commission, that the definition of 'existing structure' will be added. Village and Barrio Master Plan No Comments Planning Commission Minutes Jan. 13,2021 Page 3 Poinsettia Shores Master Plan Commissioner Stine acknowledged the public comments that were submitted, noting park allocation issues and concerns raised by the public as understandable. However, he stated that land use hierarchy must be respected as classified in the zoning ordinance component of the General Plan . As a result, he expressed discomfort that changing the zoning for use of a park at Ponto will be operating outside of the guidelines Additionally, he noted that the owner of the property is ready to move forward with the property as it is currently zoned. Commissioner Geidner proposed the responsibility of the Planning Commission to review zoning of the property and cannot support the Poinsettia Shores Master Plan draft. Commissioner Meenes asked if parcel Fis currently zoned as Non-Residential Reserve. Senior Planner Jesser responded that parcel Fis designated R-23 & General Commercial. She clarified that the area is described as Non-Residential Reserve in the current LCP ~and Use Plan and that policy will be updated for consistency with land use maps. Commissioner Merz noted that in order for a park at Ponto to occur, the property would need to be purchased which requires the vote of the people, and changes to the Housing Element will also be necessary. Chair Anderson agreed that a vote would be required to purchase the property for a park and is unsure whether the city as a whole would like to fund such a project. Additionally, she noted that downzoning the property would take away the property owner's right to develop without fair compensation. Commissioner Lafferty stated support for equal distribution of parkland and is comfortable with staff recommendations to align the LCP. Land Use Plan and General Plan policies. Chair Anderson asked if Commissioner Lafferty's comment, that 'interactive' is a better term than 'pedestrian scale', can be implemented to make the Poinsettia Shores Master Plan more understandable. Commissioner Luna stated that a General .Plan amendment is the appropriate time to address changes to zoning and supports the Poinsettia Shores Master Plan draft. Senior Planner Jesser asked, in reference to Commissioner Geldner's proposed addition to chapter 5, whether 'bungalows in the barrio' and 'small hotels along Ocean Dr.' want to be kept in the language. Commissioner Geidner, with unanimous support of the Planning Commission, recommended that only the term 'bungalow' be used as a replacement in the paragraph. ACTION: Motion by Commissioner Luna, seconded by Commissioner Meenes to approve the staff recommendation as amended, motion carried, 7 /0. PLANNING COMMISSION REPORTS/COMMENTS: None Planning Commission Minutes Jan . 13, 2021 Page4 CITY ATTORNEY REPORTS: City Attorney Kemp commented that Chair Anderson will need to remain on the Planning Commission until the new commissioners have been appointed. CITY PLANNER REPORTS: City Planner Neu commented that a revised briefing schedule has been sent out in accordance with the Martin Luther King Jr. holiday. ADJOURNMENT: Chair Anderson adjourned the duly noticed meeting at 6:32 p.m.