HomeMy WebLinkAbout2023-12-06; Planning Commission; MinutesPLANNING COMMISSION
Minutes
Dec. 6, 2023, 5 p.m.
CALL TO ORDER: 5 p.m.
ROLL CALL: Merz, Meenes, Stine and Sabellico;
Absent -Hubinger, Kamenjarin, Lafferty
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PLEDGE OF ALLEGIANCE: Commissioner Meenes led the Pledge of Allegiance.
APPROVAL OF MINUTES: None.
PUBLIC COMMENT: None.
PUBLIC HEARINGS:
1. (CDP2021-0062) 4874 PARK DR. 92008 RESIDENCE -Adoption of Resolution No. 7502
approving a Coastal Development Permit for the demolition of an existing residence and the
construction of a new 2,603-square-foot single-family home within the Mello II Segment of
the city's Local Coastal Program located at 4874 Park Dr. within Local Facilities Management
Zone 1.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Take public input, close the public hearing, and adopt
the resolution.
PLANNER: Mike Strong ENGINEER: Nichole Fine
Chair Merz opened the duly noticed public hearing at 5:04 p.m.
In response to Chair Merz's request for exparte disclosures for this item, Commissioner Meenes
expressed that he drove by the site and Chair Merz expressed that he visited the site.
City Planner Eric Lardy introduced the item and explained that a public hearing for this permit,
is required so they are not able to go on the Consent Calendar but will treat it as an abbreviated
item and Assistant Director of Community Development Mike Strong, who is the planner for this
project, will be available for questions.
Chair Merz opened the public testimony at 5:06 p.m. and asked if there were any members of the
public who wished to speak on the project.
Dec. 6, 2023 Planning Commission Meeting Page 2
Residents Scott and Karen Parent submitted a neutral comment card and did not wish to speak
on the topic but indicated that they would like to see fence removal and dust containment for
this project.
Hearing no one else wishing to speak, Chair Merz closed public testimony at 5:07 p.m.
Motion by Commissioner Meenes seconded by Commissioner Stine, to adopt Resolution No.
7502. Motion carried, (4/0/3} (Hubinger, Kamenjarin, Lafferty -Absent)
Chair Merz closed the duly noticed public hearing at 5:08 p.m.
2. AMEND 2019-0005 CDP2019/0021 (DEV2019-0152) ARMY AND NAVY ACADEMY FACILITIES
BUILDING -Adoption of Resolution No. 7503 approving a Conditional Use Permit
amendment and Coastal Development Permit for the development of a 9,057 square foot
facilities building located on the Army and Navy Academy campus at 2476 Mountain View
Dr. within the Mello II Segment of the city's Local Coastal Program and Local Facilities
Management Zone 1.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Take public input, close the public hearing, and adopt
the resolution.
PLANNER: Jason Goff ENGINEER: Allison Mclaughlin
Chair Merz opened the duly noticed public hearing at 5:09 p.m.
In response to Chair Merz's request for exparte information for this item, all four commissioners
replied that they were familiar with the site.
City Planner Eric Lardy introduced the item and Senior Planner Jason Goff reviewed a
PowerPoint presentation regarding the project (on file in the Office of the City Clerk).
Chair Merz opened the public testimony at 5:13 p.m. and asked if there were any members of
the public who wished to speak on the project.
Hearing no one wishing to speak, Chair Merz closed public testimony at 5:14 p.m.
Motion by Commissioner Stine seconded by Commissioner Meenes, to adopt Resolution No.
7503. Motion carried, (4/0/3} (Hubinger, Kamenjarin, Lafferty -Absent)
Chair Merz closed the public hearing on Item Number 2 at 5:18 p.m.
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Dec. 6, 2023 Planning Commission Meeting Page 3
3. CUP 2022-2023 /CDP 2022-0070 (DEV2022-0206) POINTSETTIA PARK WCF (AT&T)-Request for
adoption of a resolution approving a Minor Conditional Use Permit amendment and Coastal
Development Permit to allow the installation, operation and maintenance of a wireless
communication facility consisting of six (6) panel antennas mounted within a 48 inch radome
cylinder on a new 78-foot light pole that will replace an existing light pole and associated ground
equipment within an eight-foot tall enclosure east of the southern parking lot of poinsettia
community park generally located at 6600 Hidden Valley Road in the Mello II segment of the
certified Local Coastal Program and in Local Facilities Management zone 20.
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Take public input, close the public hearing, and adopt
the resolution.
PLANNER: Kyle Van Leeuwen ENGINEER: Linda Ontiveros
Chair Merz opened the duly noticed public hearing for Item Number 3 at 5:19 p.m.
At the request of Chair Merz, Commissioners gave the following exparte information:
• Commissioners Meenes and Stine are both familiar with the site and have recently
visited the site
• Vice Chair Sabellico is familiar with the site and has visited the site. Mr. Sabellico also
disclosed his communications with resident Frank Sung regarding the project.
• Chair Merz visited the site
City Planner Eric Lardy introduced the item and Associate Planner Kyle Van Leeuwen who
reviewed a PowerPoint presentation regarding the project ( on file in the Office of the City Clerk).
In response to Commissioner Sabellico's inquiry regarding Council Policy 64, City Planner Eric
Lardy explained that the state and federal regulations dictate what is allowed for wireless
facilities and that the city cannot deny a community wireless coverage. Mr. Lardy added that
because of this, the intent of the policy is to show that parks and community facilities in certain
circumstances would be a preferred location over the discouraged locations. Mr. Lardy further
explained this situation refers back to section Al of City Council Policy 64, which lists "Parks in
Residential Zones" as a preferred location.
Commissioner Sabellico responded that he understands City Planner Lardy's response; but he
would like the record to show that he does not completely understand this City Council Policy
and how they are expected as Planning Commissioners to apply it since it is open ended and
relies more than usual on their discretion.
In response to Commissioner Sabellico's comment, Senior City Attorney Ron Kemp explained
that the Planning Commission's role is regulatory; the Commission needs to determine if they
agree with staff that this project meets the Land Use Regulations and Policy 64 guidelines.
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Dec. 6, 2023 Planning Commission Meeting Page 4
In response to Chair Merz's request for darification, Associate Planner Van Leeuwen re-reviewed
the coverage map.
Associate Planner Van Leeuwen introduced Harold Thomas Jr., Land Use Technician with MD7,
the Company who is representing AT&T and provided a PowerPoint presentation regarding the
project.
In response to Commissioner Meenes' inquiry, Mr. Thomas explained that they picked this site
because they wanted to use the least amount of usable space and they found this site would
provide easy access for construction needs.
In response to Commissioner Stine's inquiry regarding improved safety, Mr. Thomas explained
that AT&T will provide, at an unknown cost, state of the art emergency response technology
with this update. Mr. Thomas added that better, additional coverage for users would provide a
more reliable system to handle emergency calls.
In response to Commissioner Stine's inquiry, Mr. Thomas explained that per the Electro
Magnetic radio frequency (RF} Emissions (Radio Frequency Report) the structure itself operates
at about half of what the Federal range requires.
In response to Commissioner Stine's inquiry, Mr. Thomas said he received one or two comments
in support of the project; and other than that, there was a website set up for feedback that did
not receive any response from the public and no other active public outreach was conducted by
his company or AT&T regarding the project.
In response to Chair Merz' question, Mr. Thomas reviewed the eight sites and the reasons they
were not usable which were included in the alternative site analysis from the staff report. Mr.
Thomas added that the site elevation and a willing landlord are the most frequent obstacles to
site selection.
In response to Chair Merz' question regarding RF exposure, Assistant Director of Community
Development, Mike Strong clarified the Commission should consider RF in so far as it complies
with the FCC guidelines. In this case, Mr. strong reiterated the information in the staff report
that indicates the FCC limit is substantially higher than what the applicant is proposing.
Chair Merz called for a recess at 6:21 p.m.
Chair Merz reconvened the meeting at 6:28 p.m.
Chair Merz opened the public testimony at 6:29 p.m.
Dec. 6, 2023 Planning Commission Meeting Page 5
The following individuals spoke in opposition to the project: Frank Sung, Scott Rubin, Brian
Curstens, Giancorenzo Masini, Richard Heimlich, Kevin Fritz, Kathryn Gartland, Anne Hampton,
Valerie Fisher, Robert Hampton, Nora George.
Frank Sung, reviewed a PowerPoint presentation and spoke on behalf of himself and three
residents: Ellen Fritz, David George, and Susan Leclair.
Chair Merz closed the public testimony at 7:02 p.m.
In response to the public testimony, Harold Thomas Jr., Land Use Technician from MD7,
explained ease of construction was only one factor in site selection; not the primary reason. Mr.
Thomas also explained that MD7 did their due diligence and provided an accurate map depicting
the lack of AT&T coverage in the area. Mr. Thomas added that there are various reasons
landlords declined the lease terms his Company presented and that he cannot review the
specifics at the moment.
Additionally, Associate Planner Kyle Van Leeuwen reiterated that consuming the least amount
of usable space in the park was a priority and a major factor in this site selection.
Commissioner discussion ensued
Chair Merz called for a recess at 8:09 p.m.
Chair Merz called the meeting back to order at 8:15 p.m.
Motion made by Vice Chair Sabellico to remand to a later council meeting with a staff report that
includes why this light pole was chosen over other light poles in the park, a more complete
alternative site analysis with more sites, including a response to the public comments concerning
the applicant site analysis, and finally evidence to support their coverage map that they
presented to the commission.
Motion failed. Commissioner discussion ensued.
Minute Motion by Commissioner Vice Chair Sabellico, seconded by Chair Meenes to remand this
agenda item to the Jan. 17 2024, meeting so that the applicant can better respond to the
concerns presented. Specifically, why this light pole was chosen over other light poles in the
park, provide a more complete, alternative site analysis with more sites, and finally provide
evidence to support the coverage map that they presented to the commission demonstrating
the need for this tower. The item will be continued to the next Planning Commission Meeting
on Jan. 17, 2024. Motion carried, 3/1/3. (Meenes-No; Hubinger, Kamenjarin, Lafferty -Absent)
Chair Merz closed the public hearing on Item Number 3 at 8:35 p.m.
Dec.6,2023 Planning Commission Meeting Page 6
PLANNING COMMISSION MEMBER REPORTS/COMMENTS:
Commissioners Stine, Meenes, Sabellico and Chair Merz expressed their appreciation for retiring,
Assistant City Attorney Ron Kemp's outstanding work and service to the City.
CITY PLANNER REPORTS: Mr. Lardy explained that the next two meetings are cancelled due to
their proximity to the holidays. Mr. Lardy also provided a summary of tentative schedule of
upcoming Planning Commission related projects.
CITY ATTORNEY REPORT: None.
ADJOURNMENT: 8:41pm
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Cynthia Vigeland
Administrative Secretary