HomeMy WebLinkAbout2024-01-17; Planning Commission; MinutesPLANNING COMMISSION
Minutes
Jan. 17, 2024, 5 p.m.
CALL TO ORDER: 5:0lp.m.
Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ROLL CALL: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine
PLEDGE OF ALLEGIANCE: Planning Commissioner Stine led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Minutes of the Regular Meeting held on Nov. 15, 2023, were approved as presented. -6/0/1
(Hubinger-Abstain).
Minutes of the Regular Meeting held on Dec. 6, 2023, were approved as presented. -4/0/3
(Hubinger, Kamenjarin and Lafferty -Abstain).
PUBLIC COMMENT:
Tim Morgen spoke in opposition af the proposed Valley Midd/e Schoo/ field fence project.
Gary Nessim commented an how the City is dealing with low income housing projects.
Robert Wilkinson spoke in opposition to the contemporary, ec/ectic architectural style of the
Carlsbad Vi/lage and lack af street tree theme.
CONSENT CALENDAR: None.
PUBLIC HEARING:
This item was continued from the Planning Commission Meeting of Dec. 6, 2023
1. CUP 2022-2023 /CDP 2022-0070 (DEV2022-0206) POINTSETTIA PARK WCF (AT& T)-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 li
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
Jan. 17,2024 Carlsbad Planning Commission Regular Meeting Page 2
Chair Merz requested exparte from the commissioners regarding the site for this project.
• Commissioners Hubinger, Kamenjarin, Meenes, Merz and Stine are familiar with the
site and have visited the site.
• Commissioner Lafferty disclosed a discussion in person and via email with residents
of the neighborhood and noted that she is a long time AT& T customer.
Chair Merz opened the duly noticed public hearing at 5:14 p.m.
Senior Assistant City Attorney Allegra Frost requested that commissioners absent from the
last meeting on Dec. 6, 2024 state for the record the steps they took to familiarize themselves
with the evidence presented at that meeting.
• Commissioner Hubinger watched the video and read the mate ri ais that were sent out.
• Commissioner Kamenjarin watched the video multiple times and reviewed the
materials.
• Commissioner Lafferty reviewed the materials, the video and the correspondence
from the public.
City Planner, Eric Lardy introduced Associate Planner, Kyle Van Leeuwen who reviewed a
PowerPoint presentation {on file in the Office of the City Clerk).
Representative for Applicant, AT& T External Affairs Manager, John Heffernan introduced the
AT& T's vendor M D7's Lead Project Manager, Harold Thomas Jr., who reviewed a presentation
on AT& T's behalf.
In response to Commissioner Hubinger's inquiry, regarding a backup business plan if AT&T
does not get approval for this particular site, AT& T External Affairs Manager, John Heffernan,
explained at this height, with this signal propagation, AT&T would not be able to replace this
design fora light design in the right of way. Mr. Heffernan added that it would likely require
six or eight smaller units to provide the same strength and quality of service for phone, data,
and indoor coverage.
In response to Commissioner Hubinger's inquiry as to whether AT& T has explored other
options that my incur a cost to them, AT& T External Affairs Manager, John Heffernan added
that AT& T has not reviewed this topic of cost because cost is not the issue.
In response to Commissioner Stine's inquiry, regarding the danger of the radio frequency
emissions for this project, MD7 representative, Radio Frequency (RF) Engineer, Christian
Soto, explained that the report on page 77 of the Staff Report clearly illustrates that anything
clear, outside of the blue zone noted on the diagram, is well below the FCC minimum standard
and compliant with the FCC ru les.
Chair Merz opened the public testimony at 6:12 p.m. and asked if there were any members
of the public who wished to speak on the project.
Jan. 17, 2024 Carlsbad Planning Commission Regular Meeting Page 3
The foliowing individuals spoke in opposition to the project: Deborah von Rosenberg, Karen
Sparks, Richard Heimlich, Brian Carstens, Maribel Carstens, Nicole Dore, Zachary Schubert,
Lynda Schubert, Frank Sung, Kimberly DesMarais, Anne Hampton, and Nora George.
The foliowing individuals spoke in opposition to and reviewed a PowerPoint presentation (on
file in the office of the City Clerk).
Gretchen M. Ashton spoke on behalf of herself and on behalf of Dave George, Edwa rd
Vendeinlle, and Aileen Heiderich. Kevin Fritz spoke on behalf of himself, Valerie Fisher, Ellen
Fritz, and Robert Hampton
Hearing no one else wishing to speak, Chair Merz closed the public testimony at 6:56 p.m.
In response to public comments, MD7's Lead Project Manager, Harold Thomas Jr, reviewed
alternative sites proposed by the residents and his communications with the homeowners
association the Cove, and the reason's MD7 did not find these sites acceptable.
In response to Commissioner Stine's inquiry, MD7, RF Engineer, Christian Soto explained the
distance from any radio frequency waves to any hills or elevation gains around Poinsettia
Park were negligible when considering health risks of this cell tower since the closest hill to
the 40-foot safety margin for radio frequency waves was likely approximately 500 feet.
Planning Commissioner discussion ensued.
Motion by Commissioner Stine, seconded by Commissioner Meenes, to adopt Planning
Commission Resolution No. 7504. Motion carried, 4/3 (Hubinger, Lafferty and Sabellico -No}
Chair Merz closed the duly noticed public hearing an Item Number 1 at 7:13 p.m.
Chair Merz ca/led fora recess at 7:14 p.m.
Chair Merz reconvened the meeting at 7:24 p.m.
2. SDP 2023-0012/CDP 2023-0022 (DEV2023-0061) -LEGOLAND CALIFORNIA PROJECT 2025 -
A resolution of the Planning Commission of the city of Carlsbad, California, recommending
approval of a Site Development Plan and Coastal Development Permit to allow for the
replacement of an existing "driving school" and "junior driving school" themed attractions
with a new space-themed attraction located within the lnner Park Area of Legoland
California in Planning Area 4 of the Carlsbad Ranch Specific Plan on property located at 1
Legoland Dr., Assessor Parcel Number 211-100-09-00, within the Mello li Segment of the
Local Coastal Program and in Local Facilities Management Zone 13.
Jan. 17,2024 Carlsbad Planning Commission Regular Meeting Page 4
ACTION TYPE: Quasi-Judicial
STAFF RECOMMENDATION: Take public input, close the public hearing,
and adopt the resolution.
PLANNER: Jason Goff ENGINEER: Nichole Fine
Chair Merz requested exparte from the commissioners regarding the site for this project.
• All commissioners noted that they have been to the Legoland park, although not with
this item in mind.
• Commissioner Lafferty recused herself because her son worked there a year ago.
Chair Merz opened the duly noticed public hearing at 7:32 p.m.
City Planner, Eric Lardy introduced Senior Planner, Jason Goff who reviewed a PowerPoint
presentation (on file in the Office of the City Clerk}.
Motion by Commissioner Meenes, seconded by Commissioner Kamenjarin, to adopt Planning
Commission Resolution No. 7505. Motion carried, 6/0/1. (Lafferty; recused}
Chair Merz closed the duly noticed public hearing at 7:41 p.m.
3. ELECTION OF OFFICERS -ADOPTION OF A RESOLUTION ADOPTING PLANNING
COMMISSION PROCEDURES.
ACTION TYPE: Legislative
STAFF RECOMMENDATION: Take public input, close the public
hearing, and adopt the resolution.
PLANNER: Eric Lardy ENGINEER: N/A
Chair Merz opened the duly noticed public hearing on Item Number 3 at 8:12 p.m.
Chair Merz made a motion to select Vice Chair Sabellico for Chairperson in 2024. Motion failed
due to lack of a second.
Motion made by Commissioner Stine to elect Commissioner Kamenjarin for Chair in 2024,
seconded by Commissioner Lafferty. Motion passed, 6/1 (Sabellico -No}.
Motion by Commissioner Meenes, seconded by Commissioner Lafferty, to appoint Commissioner
Sabellico for Vice Chair. Motion carried, 7 /0.
Motion by Commissioner Stine, seconded by Commissioner Meenes, to adopt Planning
Commission Resolution No. 7506. Motion carried, 7 /0.
Chair Merz closed the public hearing on Item Number 3 at 8:27 p.m.
DEPARTMENTAL REPORTS: None.
Jan. 17,2024 Carlsbad Planning Commission Regular Meeting Page 5
PUBLIC COM MENT: Continuation of the Public Comments This portion of the agenda is set aside
for continuation of public comments, if necessary, due to exceeding the total time al/otted in the
first public comments section. In conformance with the Brown Aet, no Council action con occur on
these items.
CITY PLANNER REPORT:
City Planner, Eric Lardy reviewed the upcoming Planning Commission schedule and noted that
on Jan. 30, 2024, the City Council will be reviewing the General Plan Amendment and Rezone
Program for the Housing Element.
PLANNING COMMISSION MEMBER REPORT:
Commissioner Lafferty gave a Historie Preservation Committee update from the Jan. 8, 2024,
meeting.
CITY ATTORNEY REPORT: None.
ADJOURNMENT: 9:02pm
Administrative Secretary