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HomeMy WebLinkAbout2022-07-06; Planning Commission; Minutes City Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Special Meeting Minutes July 6, 2022 CALL TO ORDER: 1:10 p.m. PLEDGE OF ALLEGIANCE: Chair Stine gave Pledge of Allegiance. ROLL CALL: Commissioners Kamenjarin, Lafferty, Luna, Meenes, Merz, Sabellico, and Stine PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: None. Chair Stine asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. DEPARTMENTAL REPORTS - PLANNING COMMISSION WORKSHOP: 1. Development Projects (Action Type: Quasi – judicial) City Planner Neu explained the development projects various steps before it comes to Planning Commission. Planners check for compliance with plans, zoning code requirements, and council policies. The Commissioners were given handouts of the following documents: Entitlement Review Checklist, City of Carlsbad website links for available resources, Land Use Review Application, and Development Permits form. Mr. Neu explained the Permit Streamlining Act sets deadlines or maximum timelines in which the city needs to respond in 30 days to review the submittal for completeness. The environmental review phase has two primary regulations that apply. The first is the California Environmental Quality Act (CEQA). The second is Title 19 Carlsbad’s local implementation ordinance for CEQA. Assistant City Attorney Kemp commented the CEQA law is basically a procedural law which is forcing us to take a look at the environmental effects. Commissioner Sabellico commented on his recent training at the Institute for Local Government and that the training covered substantial evidence. Commissioner Lafferty commented that at the League of California Cities Planning Commissioner Training that she recently attended, they talked about CEQA baseline having net effects on what’s happening and that the thresholds of significance are only as good as the data available. Commissioner Lafftery asked how does past Environmental Impact Report (EIR) experience influence new EIR determinations. PLANNING COMMISSION Minutes Planning Commission Minutes July 6, 2022 Page 2 Assistant City Attorney Kemp responded the thresholds of significance are set to determine when a project impact is going to have an environment effect and if it goes over that threshold we have to study it. It is not a requirement, but they have to be adopted by City Council. Community Development Director Murphy responded when staff evaluates for environmental impacts on the development project and staff goes through a series of questions and relies on Appendix G from the State under the California Environmental Quality Act (CEQA). We have developed Information Bulletins to help a customer navigate CEQA and it is available on the city website. Chair Stine asked how staff communicates with other departments that may be involved on a project. City Planner Neu explained the planner is the project manager on the city side and the point of contact for all the different reviewing departments. Staff has a development review team that Assistant Community Development Director, Mike Strong is chairing and any staff member that has issues could request to schedule a project for the interdepartmental meeting. Mr. Neu explained how staff schedules a project for Planning Commission: Staff uses a critical dates calendar when public notices are due, when conditions need to get to the planner. It is a 6-8 week timeframe. The project planner puts in a request to schedule on the Planning Commission Tentative Schedule, and it is distributed to commissioners. We appreciate Commissioners letting us know if you are going to be out of town as soon as you know. Applicants may not want to come to Planning Commission unless there is a full commission. Community Development Director Murphy explained applicants want to rush a project. We are putting measures in place and encouraging applicants to come in and meet with staff. We have 30 days to get comments to applicants. If an applicant has a fourth review, it will require a meeting with the director to discuss continued issues on their project. Assistant City Attorney Kemp explained the new housing laws only allow the city to have a total of five hearings and then we must make a final decision. City Planner Neu explained the organization of staff reports. The first page is the recommendation for a decision, the analysis section list all the policies that you are reviewing and how it complies. The last section is the Environment Analysis or CEQA determination for the project. The resolution has the standards and findings listed. If something is unique to the project, it will be in boldface type in the report and resolution. The exhibits attached are reduced size copies of the full-size plans and the full- size blueprints is what the Planning Commission is approving. Community Development Director Murphy asked the commissioners how they feel about the organization of the staff report. Is there a way to change the structure to make it easier to review. Commissioner Luna asked if Mr. Murphy could agendize this topic on the organization of the staff reports and bring an example as a future Planning Commission agenda item. Mr. Murphy agreed to bring back this topic on staff reports in 90 days to a Planning Commission meeting. Recess at 2:38 p.m. and back at 2:51 p.m. Planning Commission Minutes July 6, 2022 Page 3 City Planner Neu discussed Planning Commission briefings and the purpose is to give an overview of a project and an opportunity for commissioners to ask questions and for staff to get additional information by the Planning Commission meeting. Commissioner Merz commented he thinks in-person briefings are helpful. Chair Stine commented he is fine with virtual briefings. If it is a complicated project, then we could do an in-person briefing. City Planner Neu explained the city is utilizing a hybrid work schedule for staff. If the commissioners would like to brief in-person, staff can arrange for the necessary personnel to be at briefings and can do whichever meets the briefing needs of commisisoners. Commissioner Luna thanked Principal Planner Lardy for his last presentation at Planning Commission. She appreciated it when he pulled up the appropriate slide. It was very helpful. Assistant City Attorney Kemp reminded the Commissioners of their ex-parte disclosures regarding projects. If they visited a site, talked to applicant, etc., this information needs to be disclosed on the record. City Planner Neu explained the basis for decisions: either approval or denial which is supported by the findings specified in the Carlsbad Municipal Code. The findings are included in the resolution. If commissioners are not able to make specific findings, please give some reasoning or justification for why you cannot make a finding for the record. Engineering Manager Geldert presented information for post discretionary approval engineering processing. He explained the average grading permits takes up to 6 months and for larger projects it is approximately a year. Building Official Pasiut presented information for post approval building plan check. All required documents are submitted by appointment. The city is accepting digital submittals for smaller projects and working our way to a complete digital process. Last year the Building Division processed 5,000 permits with only three technicians and one part time employee. Commissioner Lafferty asked who is allowed to pull the building permit. Building Official Pasiut responded it is recommended that it be the contractor for the project. Chair Stine asked about the final inspection process. Building Official Pasiut responded the senior building inspector handles the final walk thru and checking everything, such as all required documents have been received, fees paid, and that the building is safe to be occupied. Assistant City Attorney Kemp explained appeals and court challenges: Some decisions are delegated to the City Planner, Planning Commission or to the City Council. At each level it is appealable. An appeal of the City Council goes to the Superior Court. Once it has gone to the Superior Court, the remedy is usually going to be some mandamus. Two types of mandamuses. One we call traditional mandamus and then there is the administrative mandamus. The traditional mandamus are challenges that are for ministerial or quasi-legislative decisions. Planning Commission Minutes July 6, 2022 Page 4 Mr. Kemp explained because of the housing crisis the state legislature is requiring every jurisdiction to come up with objective design standards. It either meets the standard or does not. Recess at 4:08 p.m. return 4:17 p.m. 2. Plan and Code Adoption or Amendments (Action Type: Legislative) City Planner Neu explained how a legislative action is different. It would be an adoption of a new code or a plan or the amendment of an existing code or plan. The commission is typically in the role of making a recommendation to City Council and is not the final decision maker. 3. Commission Role City Planner Neu explained the municipal code does identify when the Planning Commission is the final decision maker and when the commission is in an advisory role. 4. Planning Commission Performance City Planner Neu commented on what is working well: 1. Commissioners come prepared for hearings, 2. Take public comment seriously and consider issues raised, 3. Treat each other and staff respectfully, and4. Communicate information needs and schedule conflicts with staff. Mr. Neu commented on areas for improvement: 1. Review reports, plans and site prior to the briefing, 2. For briefings be aware of the time allotted and the number of agenda items, , 3. For hearings and briefings stick to issues/topics pertinent to the agenda item, and 4. No requirement to justify your vote unless voting contrary to the recommendation. Commissioner Kamenjarin expressed his concern of not having enough time to review the staff reports, because Planning Commission packets were delivered only a few days before the hearing. He asked if the commission could get the packets earlier if possible. He also commented to have a balance of items of how many are on the agenda. Commissioner Luna asked Assistant City Attorney Kemp if staff could revisit consent items on the agenda. ADJOURNMENT: Chair Stine adjourned the duly noticed meeting at 4:42 p.m. Michele Hardy Michele Hardy - Minutes Clerk