Jul 20, 2022 Planning Commission Meeting

[CALL TO ORDER]

[00:00:02]

CALLING THE MEETING TO ORDER OF THE JULY 20, 2022 MEETING OF THE CARLSBAD PLANNING COMMISSION.

WE WILL START OFF WITH THE PLEDGE OF ALLEGIANCE WITH COMMISSIONER MEENES LEADING US.

ALLEGIANCE] MADAM CLERK, WOULD YOU CALL THE ROLL, PLEASE? WE HAVE SIX OF THE SEVEN COMMISSIONERS IN ATTENDANCE.

THANK YOU. OUR FIRST ITEM ON THE AGENDA TONIGHT IS THE APPROVAL OF THE MINUTES OF JUNE 15.

[APPROVAL OF MINUTES]

I MOVE FOR APPROVAL.

I WILL SECOND.

OK MOTION BY COMMISSIONER KAMENJARIN, SECONDED BY COMMISSIONER MEENES.

LET'S VOTE.

SHOULD WE REVOTE? IT'S SHOWING UP ON MY SCREEN, BUT YES, LET'S DO THAT.

IT SHOULDN'T TAKE THIS LONG.

OF COURSE. YEAH. PLEASE CLEAR AND RESTART THE VOTE.

OKAY. SHE WILL CLEAR.

AND THEN WE'LL TRY AGAIN.

OK PLEASE VOTE.

YES. MOTION PASSES SIX-ZERO WITH ONE ABSENT.

THANK YOU. MOVING ON TO THE NEXT ITEM ON OUR AGENDA, AND THAT WILL BE PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA.

MADAM CLERK, DO WE HAVE ANY SPEAKER SLIPS FOR MATTERS NOT ON THIS AGENDA? MR. CHAIR, WE DO NOT.

THANK YOU. MEETING PROCEDURES ARE LISTED ON THE SCREEN THERE.

I WILL READ THEM.

REQUESTS TO SPEAK FORMS REQUIRED FOR ALL ITEMS. REQUESTS TO SPEAK FORMS MUST BE TURNED IN TO THE MINUTES CLERK PRIOR TO THE ITEM COMMENCING.

ALL SPEAKERS WILL BE GIVEN 3 MINUTES UNLESS THAT TIME IS REDUCED BY THE CHAIRPERSON.

THOSE WILL BE OUR PROCEDURES FOR OUR THREE PUBLIC HEARING ITEMS, STARTING WITH OUR FIRST PUBLIC HEARING

[1. CDP 2021-0023 (DEV2021-0092) – MINICILLI RESIDENCE]

AND I WILL WELCOME TO THE DAIS AND I WILL CALL ON THE ASSISTANT COMMUNITY SERVICES DIRECTOR MICHAEL STRONG.

MICHAEL. THANK YOU, CHAIR STINE.

THERE ARE THREE AGENDA ITEMS THIS EVENING.

THE FIRST IS ENTITLED MINICILLI RESIDENCE AND PRESENTING THIS ITEM IS SENIOR PLANNER GOFF.

THANK YOU, MR. STRONG.

I'LL BE PRESENTING THIS PROJECT ON BEHALF OF ESTEBAN D'ANNA, WHO IS UNABLE TO BE HERE TONIGHT.

THE SUBJECT OF TONIGHT'S DISCUSSION IS LOCATED AT 3926 HIGHLAND DRIVE.

THIS PROPERTY IS LOCATED WITHIN THE CITY'S COASTAL ZONE, BUT IS NOT WITHIN AN AREA WHERE THE DECISION IS CONSIDERED APPEALABLE TO THE CALIFORNIA COASTAL COMMISSION.

AT THIS POINT, TWO SIX ACRE PROJECT SITE IS ZONED ONE FAMILY RESIDENTIAL OR R1 10,000 MORE SPECIFICALLY, AND IS DEVELOPED WITHIN WITH AN EXISTING SINGLE FAMILY HOME AND ATTACHED JUNIOR DWELLING UNIT.

ACCESSORY DWELLING UNIT, AND A DETACHED ACCESSORY DWELLING UNIT.

THE PROJECT IS PROPOSING A FIRST AND SECOND STORY 2041 SQUARE FOOT ADDITION REMODEL TO THE EXISTING ONE STORY SINGLE FAMILY HOME.

A 180 SQUARE FOOT ADDITION TO THE EXISTING GARAGE IS ALSO PROPOSED BECAUSE THE PROJECT REMOVES MORE THAN 50% OF THE EXTERIOR WALLS AND EXCEEDS A 60,000 BUILDING VALUATION THRESHOLD.

THE PLANNING COMMISSION IS THE DECISION MAKING AUTHORITY FOR THIS COASTAL DEVELOPMENT PERMIT.

THE PROPOSED ADDITIONS WILL RESULT IN A 3542 SQUARE FOOT SINGLE FAMILY HOME AND A 450 SQUARE FOOT ATTACHED GARAGE.

THE EXISTING JUNIOR ACCESSORY DWELLING UNIT CONSISTING OF 296 SQUARE FEET, AND THE EXISTING DETACHED ACCESSORY DWELLING UNIT CONSISTING OF

[00:05:09]

THE REMODELED RESIDENCE WILL BE TWO STORIES WITH PITCHED ROOF ELEMENTS AND A ROOFTOP DECK.

ACCESS TO THE ROOFTOP DECK IS PROVIDED VIA A STAIRCASE AND AN ELEVATOR TOWER THAT PROTRUDES ABOVE THE 30 FOOT HEIGHT LIMIT UP TO 31 FEET, WHICH ARE PERMITTED AS ALLOWED PROTRUSIONS ABOVE HEIGHT LIMITS PER THE CITY'S MUNICIPAL CODE.

THE WEST ELEVATION, WHICH IS SHOWN HERE IN THIS RENDERING, SHOWS THE PROPOSED SINGLE FAMILY HOME AS IT WOULD BE AT COMPLETION, FACING THE PUBLIC RIGHT AWAY ALONG HIGHLAND DRIVE. ARCHITECTURALLY, THIS REMODELED SINGLE FAMILY HOME REFLECTS A CONTEMPORARY, MEDITERRANEAN DESIGN THEME.

PRIMARY BUILDING MATERIALS CONSIST OF STUCCO, STONE VENEER AND A CLAY TILE ROOF.

ORNAMENTAL IRON AND WOOD TRIM DETAILS, INCLUDING DECORATIVE WOOD OUT LOOKERS AND RAFTER TAILS PROVIDE ADDITIONAL ACCENTS THAT ARE CONSISTENT WITH THE PROPOSED DESIGN THEME.

HERE'S THE EAST ELEVATION OF THE PROPOSED HOME AS VIEWED FROM THE REAR YARD.

AND LASTLY, HERE IS THE SOUTH FACING SIDE ELEVATION OF THE PROPOSED HOME.

THIS PROJECT WAS ANALYZED FOR CONSISTENCY WITH ALL REQUIRED CITY CODES, POLICIES AND STANDARDS.

AND THE STAFF REPORT AND RESOLUTION BEFORE YOU TODAY CONTAIN ALL OF THE ANALYSIS AND FINDINGS TO SUPPORT THE PROJECT APPROVAL.

STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION ADOPT A RESOLUTION APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE MINICILLI RESIDENCE BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN.

THIS DOCUMENT IS IDENTIFIED IN THE PLANNING COMMISSION STAFF REPORT AS EXHIBIT ONE.

THIS CONCLUDES MY PRESENTATION.

THANK YOU. IF YOU HAVE ANY QUESTIONS FOR MYSELF OR STAFF, I MEAN, MYSELF OR THE ARCHITECT IS HERE AS WELL.

ANY QUESTIONS OF STAFF.

YOU COULD DO THAT RIGHT AFTERWARDS.

ANY QUESTIONS FROM STAFF? OK, I NEGLECTED TO DO EX PARTE DISCLOSURES AND I'LL DO THAT AT THIS TIME.

WE WOULD GO DOWN THE LINE OF THE DAIS.

DO WE HAVE ANY DISCLOSURES, STARTING WITH COMMISSIONER LUNA.

NONE. COMMISSIONER KAMENJARIN.

I'M FAMILIAR WITH THE PROPERTY.

I HAVE FRIENDS WHO LIVE IN THIS AREA.

I'VE DRIVEN BY IT RECENTLY.

COMMISSIONER MEENES? YES.

I DROVE BY THE SITE AND WALKED ON THE FRONTAGE.

COMMISSIONER SABELLICO.

I LOOKED AT THE SITE ON GOOGLE MAPS.

COMMISSIONER MERZ.

YES. I VISITED THE SITE AND GOT OUT AND LOOKED AT IT.

I ALSO VISITED THE SITE AND WALKED THE AREA.

ALL RIGHT, THEN NO QUESTIONS FOR STAFF.

OKAY. THEN IT WOULD BE TIME FOR THE APPLICANT.

WE'LL INVITE THE APPLICANT TO COME FORWARD IF HE OR SHE WOULD LIKE TO MAKE A PRESENTATION.

GOOD EVENING COMMISSIONERS.

MY NAME IS KYRON BRIMMER.

I AM ACTUALLY THE ARCHITECT OF RECORD, AND I'M JUST AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE REGARDING THE PROJECT DESIGN OVERALL.

OKAY. AND WOULD YOU STATE YOUR NAME AGAIN AND AND SPELL YOUR LAST NAME AND GIVE ME YOUR ADDRESS, PLEASE.

KYRON BRIMMER SPELLING AS B-R-I-M-M-E-R AND I RESIDE AT 500 FOREST BLUFF, NUMBER SIX, ENCINITAS, CALIFORNIA, 92024.

THANK YOU, MR. BRIMMER. SURE.

ANY QUESTIONS OF MR. BRIMMER? SEEING NONE.

THANK YOU. WE WILL NOW OPEN THE HEARING UP FOR PUBLIC TESTIMONY.

MADAM CLERK, DO WE HAVE ANY SPEAKER SLIPS ON THIS ITEM? MR. CHAIR, WE DO NOT.

THEN WE WILL CLOSE THE PUBLIC HEARING AND WE WILL OPEN IT UP FOR DISCUSSIONS AND DELIBERATIONS AMONG THE COMMISSIONERS.

WHO WOULD LIKE TO GET IT STARTED? DON'T ALL JUMP IN AT ONCE.

I DON'T THINK WE HAVE ANY DISCUSSION.

ANY DISCUSSION ITEMS? I MEAN. COMMISSIONER MERZ.

I LIKE THE SITE, I SAW IT AND, YOU KNOW THEY HAD A NICE VISUAL POST IN FRONT OF THE BUILDING SHOWING THE DIFFERENT PHASES IT WAS DONE IN.

BUT, YOU KNOW, I DIDN'T HAVE ANY OBJECTIONS TO THE PROJECT FROM WHAT I COULD SEE.

YES. AND I'LL JUST CHIME IN HERE.

I THINK THIS IS VERY STRAIGHTFORWARD.

THEY'RE ASKING FOR A COASTAL DEVELOPMENT PERMIT.

I DIDN'T REALLY SEE ANY ISSUES.

THIS IS A LONG WAY AWAY FROM THE COAST.

IT'S ON EAST OF I-5.

AND SO THERE'S NO ACCESS ISSUES.

AND I CERTAINLY DIDN'T SEE ANY VIEW ISSUES FROM ANY PUBLIC AREAS.

IT'S SO FAR AWAY.

SO I DIDN'T SEE THERE WERE ANY TRADITIONAL COASTAL DEVELOPMENT PERMIT ISSUES AT ALL.

SO I SUPPORT THIS APPLICATION.

WOULD SOMEBODY LIKE TO MAKE A MOTION.

COMMISSIONER MEENES.

I WILL MAKE A MOTION TO APPROVE STAFF RECOMMENDATION.

IS THERE A SECOND?

[00:10:01]

PLEASE VOTE. THE MOTION IS APPROVED.

SIX ZERO WITH ONE ABSENT.

THANK YOU. TURNING.

[2. CT 2021-0005/PUD 2021-0010/CDP 2021-0067 (DEV2021-0183) – CHINQUAPIN COAST HOMES]

I'VE HAD A RECENT BUSINESS DEALINGS WITH THE ARCHITECT FOR THE APPLICANT, AND I THINK IT WOULD BE INAPPROPRIATE FOR ME TO WEIGH IN ON THIS ONE.

SO I WILL BE LEAVING THE DAIS AT THE SIDE ROOM AND ANOTHER CHAIRPERSON WILL HAVE TO STEP IN FOR THIS ITEM, AND THEN I'LL COME BACK TO THE DAIS FOR ITEM NUMBER THREE.

THANK YOU. SO UNDER THE CODE, WE JUST NEED YOU TO MAKE A MOTION TO NOMINATE SOMEBODY TO CHAIR THIS PART OF THE MEETING.

MR. STRONG HAS A SCRIPT FOR ANYBODY WHO DOESN'T REMEMBER BUT WHAT THE PROCEDURE IS.

YES, COMMISSIONER MEENES.

I WAS JUST GOING TO MAKE A NOMINATION.

PRIOR TO THE NOMINATION, JUST WANT TO MAKE SURE THERE AREN'T ANY OTHER DISCLOSURES OR RECUSAL NECESSARY.

SEEING NONE, THEN YOU CAN PROCEED WITH MAKING A MOTION.

I WILL NOMINATE COMMISSIONER MERZ TO CHAIR THIS PARTICULAR ITEM.

HE IS OUR SENIOR COMMISSIONER WHO IS NOT WHO HAS NOT ALREADY SERVED AS CHAIR.

SO I'LL SECOND THAT.

WITH THE SECOND MOTION MADE, WE'LL HAVE A CALL FOR THE VOTE.

REALLY IT'S PUBLIC BECAUSE I NEED TO PUT THE CHAIR ABSENT.

MAYBE THAT'S WHY IT'S NOT WORKING.

AND, COMMISSIONER MERTZ, CONGRATULATIONS.

YOU CAN PRESIDE OVER THE SECOND ITEM.

LET'S LET IT RIP. OKAY, SO NOW OPEN UP THE PUBLIC HEARING ON AGENDA ITEM NUMBER TWO.

DO ANY COMMISSIONERS HAVE EX PARTE DISCLOSURES ON THIS ITEM? YES, I'VE DRIVEN PAST THE SITE, FAMILIAR WITH IT.

I HAVE ALSO VISITED THE SITE AND I'M FAMILIAR WITH IT.

YES, I HAVE VISITED THE SITE AS WELL.

I LOOKED UP THE SITE ON GOOGLE MAPS.

I ALSO VISITED THE SITE AND TRY TO WALK DOWN THE DRIVEWAY AND SEE JUST BEYOND AS BEST I COULD, BUT ALSO VISITED THE SITE.

GOOD. WELL, MR. STRONG, WILL YOU PLEASE INTRODUCE THE ITEM? YES, THANK YOU. ACTING CHAIR MERTZ.

THE SECOND ITEM IS ENTITLED CHINQUAPIN COAST.

AND PRESENTING THE ITEM IS PAUL DAN.

AND BEFORE WE GET STARTED, I THINK IT'D BE WISE TO ASK THE APPLICANT IF HE HAS A PROBLEM PROCEEDING FORWARD WITH JUST FIVE OR SEVEN COMMISSIONERS.

OKAY. WE'RE GETTING A THUMBS UP.

THANK YOU. ACTING COMMISSIONER CHAIR MERZ.

LOCATED AT 332 CHINQUAPIN AVENUE.

THE PROJECT IS IN THE NORTHWEST QUADRANT OF THE CITY THAT IS ALSO LOCATED IN THE COASTAL ZONE, ALSO IN AN AREA COMMONLY KNOWN AS OLD CARLSBAD.

THE PROJECT SITE IS APPROXIMATELY 0.44 ACRES OR 19,100 SQUARE FEET ON A GENERALLY FLAT LOT.

CURRENTLY ON SITE EXISTS THE SINGLE FAMILY RESIDENCE WITH A DETACHED GARAGE.

THE ZONING FOR THE PROPERTY IS RESIDENTIAL DENSITY MULTIPLE OR RDM OVERLAID BY THE BEACH AREA ZONE AND THE LAND USE DESIGNATION IS R-23 RESIDENTIAL, WHICH IS THE SAME AS THE SURROUNDING PROPERTIES WITH THE EXCEPTIONS TO THE PROPERTIES TO THE SOUTH THAT HAVE AN R- 15 LAND USE DESIGNATION.

THE PROJECT PROPOSES TO DEMO THE EXISTING RESIDENCE AND DETACHED GARAGE AND CONSTRUCT NINE THREE STORY AEROSPACE CONDOMINIUMS. HAVING THE UNDERLYING LOT BE IN COMMON OWNERSHIP BETWEEN THE NINE OWNERS.

ACCESS TO THE UNITS WILL CONTINUE TO BE OFF OF CHINQUAPIN WITH THE DRIVE AISLE WHILE STILL REMAINING ON THE EASTERN EASTERLY SIDE OF THE PROPERTY.

[00:15:02]

THIS SLIDE SHOWS IN RED WHERE THE EXISTING UNIT IS.

THE DOTTED LINES KIND OF PROVIDE A GENERAL AREA OF WHAT THE PROPERTY LINES ARE, AND IN BLUE IS WHAT THE PROPOSED UNITS ARE OR WILL BE LOCATED AND ALSO NUMBERED.

THE THREE STORY UNITS ARE 30 FEET IN HEIGHT AND RANGE IN SIZE FROM 2146 SQUARE FEET, WHICH IS UNIT EIGHT, THE SMALLEST 1 TO 2708 SQUARE FEET, EACH PROVIDING AT LEAST TWO BEDROOMS WITH AN OPTIONAL CONVERSION TO A THREE AND TWO AND ONE HALF TO THREE AND ONE HALF BATHS.

IN ADDITION, EACH UNIT INCLUDES PRIVATE DECKS ON THE SECOND AND THIRD FLOORS.

PRIVATE BACKYARDS, TWO CAR GARAGES.

THE ARCHITECTURAL DESIGN OF THE PROJECT IS CONTEMPORARY FEATURING RECTANGULAR MASSING BALCONIES, VARIATION IN BUILDING FACADES AND HORIZONTAL HARDIE PLANKING SITING.

THE NINE UNITS ARE CONFIGURED IN A TRIPLEX CONFIGURATION, SEPARATED BY AT LEAST TEN FEET, WHICH HELPS BREAK UP THE MASSING.

THE SEPARATION BETWEEN THE UNITS ALSO PROVIDE VISITOR PARKING SPACES A TOTAL OF THREE, WHICH IS ONE MORE THAN REQUIRED.

HERE'S THE COLOR RED RENDERING, PROVIDING A VIEW FACING SOUTHWEST OF THE PROPOSED PROJECT AND ITS LAYOUT.

THE DRIVE AISLE IS 24 FEET IN WIDTH, WHICH IS ADEQUATE FOR VEHICLES TO SAFELY INGRESS AND EGRESS ON SITE.

AND HERE'S A RENDERING FROM THE WEST.

THE PROJECT LAND USE DESIGNATION AGAIN IS R-23 AND THE DENSITY IS 15 TO 23 DWELLING UNITS PER ACRE WITH A DEVELOPMENT ACREAGE OF 0.44.

LAND USE DENSITY WOULD ALLOW FOR 7 TO 10 UNITS ON SITE.

THEREFORE, THE NINE UNIT PROJECT IS IN COMPLIANCE WITH DENSITY.

AS NINE UNITS ARE PROPOSED, ONE UNIT IS REQUIRED TO BE AFFORDABLE FOR LOWER INCOME HOUSEHOLDS PURSUANT TO THE MUNICIPAL CODE AND STATE REQUIREMENTS.

WHEN NEW CONSTRUCTION IS DETERMINED TO BE INFEASIBLE OR PRESENTS A HARDSHIP TO PROVIDE ONSITE AFFORDABLE HOUSING, ALTERNATIVES TO CONSTRUCTIONS ARE EXAMINED.

IN APRIL THIS YEAR, THE CITY, THE CITY'S HOUSING POLICY TEAM, REVIEWED AND RECOMMENDED APPROVAL OF THE APPLICANTS REQUEST, WHICH ALLOWED THE PURCHASE OF ONE AFFORDABLE HOUSING CREDIT FROM THE [INAUDIBLE] HOUSING BANK, AS REFLECTED IN THE CONDITIONS OF APPROVAL IN THE RESOLUTION.

BECAUSE THE DENSITY OF THE PROJECT IS REQUIRED.

AGAIN, AN ALTERNATIVE IS TO ALSO MEET THE RHNA HOUSING NUMBERS THAT WILL BE IDENTIFIED ON A SEPARATE SITE.

THE PROJECT MEETS THE CITY STANDARDS FOR PLAN, DEVELOPMENT AND SUBDIVISION AND IS DESIGNED AND CONDITIONED IN COMPLIANCE WITH THE GENERAL PLAN ZONING ORDINANCE, BEACH AREA OVERLAY, THE LOCAL COASTAL PROGRAM AND THE SUBDIVISION ORDINANCE.

IN ADDITION, STAFF HAS NOT RECEIVED ANY CALLS, EMAILS OR LETTERS FROM THE PUBLIC REGARDING THE PROJECT WHEN THE PUBLIC NOTICE WENT OUT.

THEREFORE STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION ADOPT RESOLUTION NUMBER 7456.

TENTATIVE TRACT MAP CT 2105 PLAN DEVELOPMENT, PERMIT 2110.

COASTAL DEVELOPMENT PERMIT CDP 2167 BASED ON THE FINDINGS AND SUBJECTS TO THE CONDITION THEREIN.

THIS CONCLUDES MY PRESENTATION, AND BEFORE WE MOVE ON, I'D LIKE TO MENTION THAT THE APPLICANT IS HERE AND AVAILABLE TO TAKE ANY QUESTIONS AS WELL.

THANK YOU. THANK YOU.

AND COMMISSIONERS ARE THERE CLARIFYING QUESTIONS OF STAFF? OKAY, NOW WE'LL OPEN THE PUBLIC TESTIMONY.

[00:20:01]

REG WHATLEY.

IF YOU COULD STATE YOUR NAME CLEARLY FOR THE [INAUDIBLE].

GOOD EVENING, MY NAME IS REG WHATLEY.

LAST NAME, W-H-A-T-L-E-Y, I RESIDE AT 306 CHINQUAPIN AVENUE AND ADJACENT TO THIS PROPOSED PROPERTY.

WHEN, FIRST OF ALL, WHEN YOU LOOK AT ALL THE VIEWS OF THE SLIDES, YOU DON'T SEE WHERE I LIVE.

THAT SHOULD BE A LITTLE CONCERNING IF YOU LIVE THERE.

BUT MY PRESENTATION TODAY REALLY INVOLVES HOW IN-DEPTH THE ENVIRONMENTAL IMPACT STUDY WAS DONE.

I'M AN AMATEUR WILDLIFE PHOTOGRAPHER AND I PHOTOGRAPHED BIRDS REGULARLY THROUGHOUT THE AREA.

YOU HAVE ON THAT PROPERTY OR HAVE VISITED THAT PROPERTY WITH THREE SPECIES OF STATE ENDANGERED SPECIES TO INCLUDE ONE THAT'S ON THE WEIGHT ON THE WATCH LIST AND ONE THAT FREQUENTS THAT AREA THAT IS ALSO PROTECTED.

I'M NOT SURE THAT THE IMPACT STUDY HAS EVEN ELUDED TO THAT.

NOT ALONE, WHERE IS THAT IMPACT STUDY? LAST ITEM.

YOU ALLUDED TO NO PUBLIC EMAILS OR PHONE CALLS.

THIS PROPERTY IS ACTUALLY THIS THIS HAS BEEN A SIGN.

IT'S BEEN POSTED THERE SINCE, I BELIEVE, 2020.

AND I KNOW QUITE A FEW OF MY NEIGHBORS PLUS MYSELF, HAD NOT ONLY PHONE CALLED, BUT EMAILED, SO I WOULD TAKE EXCEPTION TO THAT PARTICULAR STATEMENT. IT'S NICE THAT WE CONTINUALLY DEVELOP THE QUALITY OF LIFE THAT WE USED TO HAVE.

I'M A RESIDENT SINCE 83 OF CARLSBAD AND A RESIDENT ON CHINQUAPIN SINCE 2014, AND THE QUALITY OF MY LIFE JUST SEEMS TO BE SINKING.

I WOULD VERY MUCH ASK THAT YOU GET AN ENVIRONMENTAL IMPACT WITH RESPECT TO THOSE SPECIES THAT ARE ENDANGERED AND ON THE STATE AND FEDERAL LIST.

THANK YOU. THANK YOU.

DO THE COMMISSIONERS HAVE ANY FURTHER QUESTIONS FOR APPLICANT OR STAFF? OH, I'M SORRY. YES, THANK YOU.

STAFF, DO YOU HAVE ANY COMMENTS IN REGARD TO THE ENVIRONMENTAL ISSUE AS WELL AS THE OUTREACH? STAFF REVIEWED THE PROJECT AND SAW THAT THE WHOLE SITE IS DISTURBED.

WE DID NOT IDENTIFY ANY SORT OF PARTICULAR SPECIES THAT ARE OF PARTICULAR CONCERN OR ARE SENSITIVE TO THE STATE OR NATIONAL WILDLIFE AGENCIES AND DETERMINED THAT IT FALLS WITHIN AN EXEMPTION OF A IN-FILL DEVELOPMENT PROJECT.

THROUGH THE CHAIR JUST TO FURTHER ELUCIDATE.

PROCEDURALLY, UNDER SEC, PROJECTS ARE ANALYZED FOR THE PURPOSES OF ENVIRONMENTAL IMPACTS AND FULL DISCLOSURE OF POTENTIAL IMPACTS.

PROCEDURALLY, ALSO, THE STATE HAS CODIFIED AND PROMULGATED BY GUIDELINES CERTAIN EXEMPTIONS FROM THOSE REQUIREMENTS FOR PREPARING AN ENVIRONMENTAL DOCUMENTS SUCH AS AN EIR.

THE ONES THAT ARE COVERED BY STATUTE ARE ABSOLUTE.

THOSE MEANS THAT IT DOESN'T MATTER WHAT THE IMPACT IS ON THE SITE, IT'S STATUTORILY EXEMPT.

AND THE OTHER SECTION IS CATEGORICAL EXEMPTIONS.

CATEGORICAL EXEMPTIONS ARE SEVERAL CATEGORIES OR BROAD CLASSES OF PROJECTS THAT ARE POTENTIALLY EXEMPT FROM FURTHER ANALYSIS OR FURTHER FROM ADDITIONAL CEQA REVIEW.

IN THIS PARTICULAR CASE, THERE ARE SOME EXCEPTIONS TO THOSE EXEMPTIONS.

THOSE ARE PROMULGATED IN THE CEQA GUIDELINES SECTION 15300.2.

THEY SPECIFICALLY LIST THE TYPES OF EXCEPTIONS THAT WOULD WARRANT ADDITIONAL FURTHER STUDY AND THE CATEGORICAL EXEMPTION WOULD NOT APPLY.

CHAPTER 1904 OF THE MUNICIPAL CODE ALSO LISTS SOME EXEMPTIONS, AND ONE IS BIOLOGICAL RESOURCES ON THE SITE.

SO THROUGH THE PROCESSING OF THE APPLICATION, STAFF DID AN ANALYSIS, CONSIDER THE SITE DISTURBED AND DID NOT HAVE ANY OBSERVANCE OF ANY SIGNIFICANT HABITAT ON THE SITE.

SO PROCEED FORWARD WITH THE INFILL EXEMPTION.

AS PART OF THE PROCESS, THERE IS A NOTICE OF DECISION THAT IS FILED AND POSTED IN ACCORDANCE WITH THE NURSING PROCEDURES UNDER 1904 OF THE MUNICIPAL CODE.

SO IF ANYONE WAS TO PROTEST OR CHALLENGE THAT FINDING, HAD AMPLE OPPORTUNITY TO APPEAL THAT MATTER, AND SHOULD IT HAVE BEEN APPEALED, THEN THE MATTER WOULD HAVE BEEN CONSIDERED

[00:25:02]

BUT SINCE NO APPEAL WAS FILED, THAT DETERMINATION IS FINAL AND IT'S NOT UNDER THE PURVIEW OF THE COMMISSION THIS EVENING.

THANK YOU, MR. ARMSTRONG, FOR CLARIFYING THOSE ITEMS. YEAH, THANK YOU, MR. STRONG. VERY APPRECIATED.

OTHER FURTHER QUESTIONS FOR THE APPLICANT, OR STAFF.

YES. COMMISSIONER KAMENJARIN, I'D LIKE TO ASK STAFF A QUESTION.

CAN YOU RESPOND TO THE NEIGHBOR'S COMMENTS THAT THERE HAVE BEEN EMAILS AND PHONE CALLS ON THIS PROJECT? COMMISSIONER KAMENJARIN EXCUSE ME, I DON'T.

I HAVE NOT RECEIVED ANY PHONE CALLS OR EMAILS AND I'M NOT QUITE SURE.

I MEAN, I WOULD BE MORE THAN HAPPY TO KNOW WHICH NEIGHBORS AND THIS IS THE FIRST TIME HEARING FROM THIS INDIVIDUAL THAT CAME AND SPOKE.

AH COMMISSIONER LUNA.

JUST SOMETHING REAL QUICK, PAUL.

DO YOU EXHIBIT TO THAT WE HAVE IN OUR PACKET SORT OF SHOWS A LITTLE AERIAL.

I MEAN AN AREA I THINK, ERIC, YOU YOU PROBABLY KNOW WHERE I'M GOING WITH THIS.

DO YOU HAVE THAT IN YOUR POWERPOINT OR CAN YOU ACCESS IT? AND I'M JUST WONDERING IF THE GENTLEMAN WHO CAME AND TESTIFIED OF HIS PROPERTY IS ON THIS EXHIBIT AT ALL.

I HAVE IT. I HAVE A COLOR VICINITY MAP, NOT BLACK AND WHITE, BUT PRETTY SIMILAR.

IF THE CHAIR COULD COULD ALLOW ME TO ASK THE NEIGHBOR IF HIS PROPERTY'S ANYWHERE ON THERE? YEAH, CERTAINLY. IS IT, SIR? SO I MAY HAVE MISUNDERSTOOD YOU.

I THOUGHT YOU SAID THAT NONE OF THE EXHIBITS.

YOU COULD SEE YOUR PROPERTY ON IT.

OKAY. SO YOU'RE TALKING ABOUT THE ELEVATION AND THE DESIGN NOT VERSUS THIS.

OKAY, OKAY, I GOT IT, THANK YOU.

YOU KNOW, IT COULD COME WITH THE PODIUM AND SPEAK THAT WE COULD HEAR YOU HAVE TO SAY.

IS FROM I GUESS THAT'S GOOGLE MAPS.

AND IT IS JUST TO THE WEST, ADJACENT TO THE WEST.

THE COUPLE OF SLIDES THAT YOU MISREPRESENTED, ACTUALLY DIFFERENT VIEWS ARE ACTUALLY INVERTED, YOU SAID WEST, WHEN IN FACT IT WAS EAST.

BUT IT'S LITERALLY THIS BUILDING, THIS SET OF BUILDINGS TO THE LEFT OF THAT YELLOW LINE.

IF YOU WERE TO LOOK. AND IT'S A COMPLETELY THE VERY.

THAT'S CORRECT. RIGHT THERE. YES.

I DO KNOW THAT ONE OF MY NEIGHBORS CONTACTED PLANNING AND THEY DID SPEAK TO ONE OF THE INDIVIDUALS AT PLANNING AND THEIR CONCERN WAS PARKING.

SO I DECIDED I WASN'T GOING TO TALK ABOUT PARKING BECAUSE BASICALLY IT WAS LAID OUT IN SO MANY WAYS THAT IF YOU TALKED ABOUT PLANNING, THEN WE WILL INCREASE IT FROM 7 TO 9 OR 6 TO 9 CONDOS.

I DON'T SEE THAT THAT BEING AN EQUITABLE WAY TO REPRESENT THE CITIZENS OF CARLSBAD.

BUT BUT THE SPECIES THAT I REFER TO ARE IN THE BACK LOT.

THERE ARE SOME THAT ARE NESTED IN THERE.

THERE'S AN OWL THAT SITS UP IN ONE OF THE PALM TREES.

I'M UNAWARE WHETHER THE COOPERS STILL STILL NEST THERE, BUT THERE ARE THREE THAT ARE ON THE ENDANGERED LIST AND I WOULD STRONGLY RECOMMEND THAT YOU GET A MORE DETAILED.

I LIVE THERE. I'VE LIVED THERE FOR FOR ALMOST EIGHT YEARS.

AND I CAN GUARANTEE YOU I SEE THESE BIRDS.

SO IF IF A BIOLOGIST COMES BY ONE DAY AND SAYS, NOPE, CAN'T SEE ANYTHING, I WOULD ATTEST THAT THAT'S PROBABLY NOT THE WAY TO APPROACH YOUR STUDY.

WE'RE TALKING ABOUT BIRDS THAT ARE VERY MINIMAL IN NUMBERS AND ARE VERY IMPORTANT TO OUR SYSTEM, ESPECIALLY IN CALIFORNIA.

THANKS. THANK YOU.

THERE ARE FURTHER QUESTIONS ON THIS ONE.

IF I MAY ADD, I JUST WANT TO REITERATE WHAT ASSISTANT DIRECTOR MIKE STRONG WAS MENTIONING.

NUMBER FOUR OF THE PACKET IS THE CEQA DETERMINATION EXEMPTION THAT WAS FILED ON JUNE 14TH.

AND THIS WAS PUBLICLY NOTICED AND ALSO ON THE CITY'S WEBSITE AND NO COMMENTS WHEN THIS CEQA'S DETERMINATION WAS.

NO COMMENTS WERE EVER PROVIDED.

ALL RIGHT, THANK YOU.

ANY OTHER QUESTIONS FOR APPLICANT OR STAFF.

OKAY. WE'LL NOW CLOSE THE PUBLIC TESTIMONY.

WOULD THE COMMISSIONERS LIKE TO DISCUSS THIS ITEM?

[00:30:05]

I JUST I THINK I WANT TO CONFIRM THAT THIS IS THAT MY UNDERSTANDING IS CORRECT.

BUT CEQA IS NOT BEFORE US TONIGHT.

AND WE CAN'T DENY A PROJECT BECAUSE WE DISAGREE WITH THE CITY PLANNER'S DETERMINATION OF THE CEQA CATEGORICAL EXEMPTION FOR INFILL. BUT.

IF THERE REALLY IS SPOTTY OWL, SPOTTED OWL IN THIS DEVELOPMENT.

I BELIEVE THAT WE.

THE DEVELOPER WILL NOT ACTUALLY BE ABLE TO REMOVE THE SPOTTED OWL IF IT TRULY IS OR ANY OTHER ENDANGERED SPECIES.

I MEAN, I THINK THAT'S HOW HOW IT WORKS, RIGHT? YOU WERE CORRECT IN THE FIRST PART OF THAT STATEMENT.

THE ENVIRONMENTAL DETERMINATION IS NOT WITHIN THE PURVIEW OF THE PLANNING COMMISSION THIS EVENING FOR THE PURPOSES THAT IT'S ALREADY BEEN ACTED UPON AND GIVEN DUE PROCESS FOR ANYONE TO APPEAL THAT MATTER.

SO THE INFORMATION CONTAINED IN THE STAFF REPORT MAKE REFERENCE TO THAT PRIOR DECISION BEING MADE AS AN INFORMATIONAL DISCLOSURE.

SHOULD THERE BE SOME UNIQUE CIRCUMSTANCES ON SITE? I'M SURE WE CAN WORK WITH A PROJECT APPLICANT TO FIGURE OUT HOW TO.

I WON'T USE THE WORD MITIGATE BECAUSE THAT IMPLIES SOME SORT OF SOCIAL IMPLICATION, BUT TO ATTENUATE ANY IMPACTS TO ANY SENSITIVE ISSUES THAT MAY PERSIST ON THE SITE.

BUT FROM A CATEGORICAL EXEMPTION STANDPOINT, THE PROJECT COULD PROCEED FORWARD AS IF THERE WERE NO ENVIRONMENTAL SIGNIFICANCE ANY HABITAT ON THE SITE.

SO THAT'S THE FINDING THAT WAS MADE NOTICED AND ACCORDING TO 1904 OF OUR MUNICIPAL CODE.

AND SHOULD ANYONE HAVE PROVIDED ANY OF THAT SUBSTANTIAL EVIDENCE MAKING A FAIR ARGUMENT THAT SOME OF THE EXEMPTIONS DON'T APPLY AND IT'S NOT JUST RELATED TO BIOLOGICAL RESOURCES. IT COULD BE HISTORICAL, IT COULD BE CULTURAL RESOURCES.

THOSE ARE ALL MEANS AND GROUNDS TO WITHHOLD.

MOVING FORWARD WITH THE EXEMPTION AND PROCEED FORWARD WITH SOME SORT OF ENVIRONMENTAL DOCUMENT WHICH WOULD BE PRECEDED BY INITIAL STUDY TO UNDERSTAND THE SCOPE OF THE ANALYSIS.

RIGHT. SO JUST JUST TO CONFIRM, THERE ARE LAWS, I MEAN, LIKE THE ENDANGERED SPECIES ACT ACTUALLY WOULD PRECLUDE REMOVAL OF A SPECIES IF IT WAS FOUND TO BE THERE JUST NO MATTER WHAT. EVEN IF WE APPROVE THIS, YOU KNOW, IT'S STILL THE ESA IS STILL APPLIES.

CORRECT. IF THERE ARE THINGS ON THE SITE THAT WARRANT OTHER ADDITIONAL INVESTIGATION BE SOUGHT BEFORE ANY GRADING OR EARTHWORK MOVING ACTIVITIES, WE WOULD RESOLVE THAT IN ACCORDANCE TO ANY APPLICABLE LAWS.

THANK YOU. COMMISSIONER MEENES.

YES, COULD I ASK THE APPLICANT, COME UP TO THE PODIUM, PLEASE.

STATE YOUR NAME FOR THE RECORD.

KEVIN DUNN, 1245 GOLD FLOWER ROAD, CARLSBAD, CALIFORNIA.

SO, MR. DUNN, COULD YOU DID YOU DO ANY PUBLIC OUTREACH TO NEIGHBORS OR.

. WE DID WHAT WAS REQUIRED IN TERMS OF NOTICING.

AND THERE WAS I WILL REITERATE, I HAD ASKED MR. DAN ALL ALONG IF THERE WAS ANYBODY THAT HAD REACHED OUT.

HE'D INDICATED NO, AND NOBODY HAD REACHED OUT TO ME OR TO MY FIRM THE ENTIRE TIME.

OKAY. DID YOU GO OUT AND OUTREACH WITH ANY OF THE NEIGHBORS? DID YOU ACTIVELY GO OUT THERE AND AND CONTACT ANY OF THE NEIGHBORS? WE DID NOT OUTREACH ON THIS.

THERE WAS A PROJECT THAT WAS PREVIOUSLY APPROVED ON THIS SITE.

TYPICALLY, WHEN WE'RE DOING OUTREACH, AS IF WE NOTICE AND THEN PEOPLE COMMENT WHEN THERE IS NO COMMENT AFTER A NOTICING.

THERE'S TYPICALLY NO OUTREACH THAT WE'LL DO SPECIFICALLY.

YEAH. THANK YOU. YEAH.

ANY OTHER COMMISSIONER COMMENTS OR QUESTIONS? OKAY. SO COMMISSIONERS LIKE TO DISCUSS THIS ITEM? ALL RIGHT. SEEING NO FURTHER DISCUSSION, MAY I HAVE A MOTION ON THE ITEM.

OH, I'M SORRY. I GUESS I'M SORRY.

I'LL CLOSE THE PUBLIC HEARING.

SO. THANK YOU.

THANK YOU. THANK YOU. I COULDN'T HEAR YOU ALL THE WAY DOWN HERE.

THANK YOU. YOU'RE SO GOOD.

SO SEEING NO FURTHER DISCUSSION.

MAY I HAVE A MOTION ON THE ITEM? I WILL MOVE STAFF'S RECOMMENDATION.

I WILL SECOND. THANK YOU.

OKAY.

ALL RIGHT. MOTION CARRIES BY A VOTE OF 5 TO 0.

THANK YOU. THANK YOU. ACTING CHAIR MERZ, YOU ARE RELIEVED OF YOUR DUTIES.

THANK YOU. I APPRECIATE BEING RELIEVED OF THOSE DUTIES.

CHAIR STINE RETURNING.

[3. CUP2020-0003/CDP 2020-0021/(PUB 2019-0006) – Recycled Water Phase III – D-4 Reservoir]

[00:35:27]

THIS ITEM IS ENTITLED D4, RECYCLED WATER PHASE THREE AND PRESENTING A CITY PLANNER, ERIC LARDY.

GOOD EVENING, PLANNING COMMISSIONERS.

I WILL BE PRESENTING ON THE D4, RECYCLED WATER AS PART OF THE CITY'S RECYCLED WATER PHASING PLAN.

THE PROJECT INCLUDES CONSTRUCTION OF A 1.5 MILLION GALLON RECYCLED WATER TANK AT THE CURRENT EXISTING WATER FACILITY ON BLACK RAIL ROAD.

THE PROPOSED TANK IS BETWEEN THE SIZES OF THE EXISTING THREE TANKS, WHICH IS ONE 8.5 MILLION GALLON TANK AND TWO 1.25 MILLION GALLON TANKS.

IT WILL BE PLACED ON THE SOUTHWEST PORTION OF THE SITE.

THE SITE HAS BEEN IN A WATER FACILITY FOR DECADES WITH THE EXISTING TANKS IN 2003, A CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PERMIT, REZONE AND LOCAL COASTAL PROGRAM AMENDMENT WERE PROCESSED TO LEGALIZE THE EXISTING USES.

IN 2012, A MITIGATED NEGATIVE DECLARATION WAS APPROVED FOR THE PHASE THREE PROJECT, WHICH INCLUDED STUDYING THE TANK LOCATIONS.

IN 2018, THERE WAS AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION, WHICH MOVED THE LOCATION TO THE CURRENT PROPOSED LOCATION, AS WELL AS STUDIED PIPELINE EXTENSIONS THROUGHOUT THE CITY.

THIS GRAPHIC SHOWS THE LOCATION OF THE SITE IN PROXIMITY TO THE EXISTING THREE TANKS.

THE PROJECT WAS REVIEWED FOR CONSISTENCY WITH THE APPLICABLE REGULATIONS FOR COMPLIANCE.

THE PROJECT IS CONSISTENT WITH ALL OF THESE, INCLUDING THE GENERAL PLAN CARLSBAD MUNICIPAL CODE, LOCAL COASTAL PLAN AND THE GROWTH MANAGEMENT PLAN.

THE PROPOSED EXPANSION ADDS THE TANK IS CONSISTENT WITH THE ARE FOR RESIDENTIAL DESIGNATIONS IN THE GENERAL PLAN AND THE R1 SINGLE FAMILY RESIDENTIAL THROUGH A CONDITIONAL USE PERMIT.

THE SITE IS WITHIN THE MELLO TWO SEGMENT OF THE LOCAL COASTAL PROGRAM AND THE ISSUANCE IS RELATED TO THAT ACTIVITY.

IT WILL NOT IMPACT ANY SENSITIVE COASTAL RESOURCES OR SHORELINE ACCESS.

THE FACILITY IS WITHIN LOCAL FACILITIES MANAGEMENT ZONE 20 IN THE SOUTHWESTERN QUADRANT OF THE CITY.

THE PROJECT IS IN COMPLIANCE WITH THE FACILITY STANDARDS AND NECESSARY PUBLIC FACILITIES INCLUDED IN THAT PLAN.

IN SUMMARY, THE PROJECT REQUIRES AMENDMENTS TO THE COASTAL DEVELOPMENT PERMIT AND THE CONDITIONAL USE PERMIT.

ADDITIONALLY, THE PROJECT IMPACTS WERE STUDIED AND MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT WITH THE MITIGATED NEGATIVE DECLARATION AND THE 2018 ADDENDUM THAT STUDIED THE CURRENT PROPOSED LOCATION OF THE TANK.

THEREFORE, FINDINGS CAN BE MADE UNDER 15168 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

THE RECOMMENDED ACTION IS THAT THE PLANNING COMMISSION ADOPT A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT AND THE COASTAL DEVELOPMENT PERMIT AMENDMENT CONSISTENT WITH THE FINDINGS CONTAINED THEREIN.

WITH THAT, WE'RE AVAILABLE FOR QUESTIONS.

THE APPLICANT FROM THE CARLSBAD MUNICIPAL WATER DISTRICT IS ALSO HERE AND AVAILABLE FOR QUESTIONS.

THANK YOU, MR. HARDY.

BEFORE ENTERTAINING QUESTIONS, I FURTHER NEGLECTED TO ASK FOR DISCLOSURES.

SO I'M GOING TO DO THAT NOW, BEGINNING WITH COMMISSIONER LUNA DISCLOSURES.

COMMISSIONER KAMENJARIN DISCLOSURES.

I'VE DRIVEN BY THE TANK SITE.

THANK YOU. COMMISSIONER MEENES.

YES, I HAVE ALSO DRIVEN BY THE SITE.

COMMISSIONER SABELLICO.

I'M FAMILIAR WITH THE SITE AND I LOOKED AT IT ON GOOGLE MAPS.

THANK YOU, COMMISSIONER MERZ.

YEAH, I VISITED THE SITE, WALKED ALL THE WAY DOWN THE LITTLE BROW DITCH, ALL THE WAY DOWN THE SIDE OF IT.

SO IT'S VERY INTERESTING. I ALSO.

IT SOUNDS LIKE A THOROUGH INSPECTION.

I PARKED ALONG THE SIDE, WALKED AROUND, THERE WAS A FENCE AND IT WAS ALL LOCKED UP SO I CAN GET IN THE FENCE.

BUT I DID WALK AROUND THE OUTSIDE OF THE FENCE AND I'M GENERALLY FAMILIAR WITH THE AREA.

ALL RIGHT. PROCEEDING WITH QUESTIONS OF STAFF.

ANYBODY HAVE ANY QUESTIONS FOR MR. LARDY? MR. LARDY, WOULD YOU AMPLIFY A LITTLE BIT ON THE RECYCLED WATER PROGRAM AND HOW THIS FITS IN? IT'S MY UNDERSTANDING THAT THERE WAS AN APPROVAL OF WATER PUMP STATIONS FOR RECYCLED WATER WAY BACK IN 2003.

AND THIS KIND OF COMPLEMENTS AND ENHANCES THAT.

[00:40:01]

THE 2003 ACTION WAS PART OF A LARGER EFFORT, AS WELL AS THE 2012 AND 2018 ACTIONS TO EXPAND THE SYSTEM WHICH INCLUDED THOSE LINEAR FACILITIES. WHAT I'VE PULLED UP IS THE NETWORK OF THE CITY'S EXISTING RECYCLED WATER SYSTEM.

IT'S A GRAPHIC THAT WAS PROVIDED BY THE MUNICIPAL WATER DISTRICT.

AND THEN I WANT TO INVITE DAVE PADILLA UP IF THERE'S ANYTHING HE WANTS TO ADD ABOUT THE SYSTEM AND FUTURE PLANS.

SURE. YOU WOULD INTRODUCE YOURSELF, PLEASE? GOOD EVENING, COMMISSIONERS.

MY NAME IS DAVID PADILLA.

I'M THE DISTRICT ENGINEER FOR THE CARLSBAD MUNICIPAL WATER DISTRICT.

AND ERIC IS CORRECT.

WHAT YOU'RE SEEING ON THE SCREEN IS THE EXISTING RECYCLED WATER SYSTEM IN PURPLE AND THE RED LINES WOULD BE FUTURE EXPANSION SEGMENTS WHICH HAVE NOT BEEN BUILT. BUT YOU'LL SEE NEAR THE CENTER OF THE EXHIBIT IS THE LOCATION OF THE NEW 1.5 MILLION GALLON RECYCLED WATER STORAGE TANK.

SO THE PHASE THREE EXPANSION AS WE TERM THIS PROJECT IS OBVIOUSLY THE THIRD PHASE OF A MULTI PHASE EXPANSION OF OUR RECYCLED WATER SYSTEM THAT DATES BACK TO THE LATE 1990S.

SO THIS IS THE LAST PHASE THAT HAS BEEN STUDIED UNDER THE ENVIRONMENTAL DOCUMENTS THAT HAVE BEEN PREVIOUSLY APPROVED BY THE CMWD BOARD OF DIRECTORS AND WHICH HAVE ALSO BEEN BEFORE THE PLANNING COMMISSION IN THE PAST.

SO THIS WILL BE THE THE THIRD AND FINAL PHASE OF THE IMPROVEMENTS.

IF THERE ARE ANY FUTURE IMPROVEMENTS TO BE CONSTRUCTED, THOSE WOULD OBVIOUSLY HAVE TO BE STUDIED UNDER NEW ENVIRONMENTAL DOCUMENTS.

ALL RIGHT. AND ON THE SITE, THERE IS ALREADY THREE TANKS AND THIS WILL BE THE FOURTH, AM I CORRECT? THAT'S CORRECT. AND SOME OF THOSE TANKS ARE FOR RECYCLED WATER AND ONE ARE FOR POTABLE WATER.

THAT'S CORRECT. THE TWO SMALLER TANKS THAT ARE ON THE SITE NOW ALONG THE WESTERN SIDE OF THE PROPERTY, THOSE ARE THE EXISTING RECYCLED WATER STORAGE TANKS.

AND THE THIRD AND LARGEST TANK IS A POTABLE WATER STORAGE TANKS.

AND THE THERE'S ALREADY A RECYCLED WATER PUMP STATION THERE.

THAT'S CORRECT. SO THIS WOULD WORK IN TANDEM WITH THAT PUMP STATION, CORRECT? YES. IT'S PART OF THE OVERALL SYSTEM.

OKAY. ANY QUESTIONS FOR MR. COMMISSIONER MEENES? YES.

MR. PADILLA, HAS THE CARLSBAD MUNICIPAL WATER DISTRICT, DO THEY HAVE FUTURE PLANS FROM THE STANDPOINT OF, I GUESS YOU COULD SAY, PROJECTING OUT TO THE YEAR 2050 OR 2030 OR SOMETHING LIKE THAT AS TO WHAT THE NEEDS HAPPEN TO BE.

AND SECOND QUESTION, YOU KNOW, PIGGYBACK THIS ON HERE, IS THAT WITH THIS PARTICULAR SITE, ARE THERE OTHER SITES IN THE CITY OF CARLSBAD, THE MUNICIPAL WATER DISTRICT OWNS AND PLAN IN THE FUTURE FOR MAYBE TANKS, RECYCLE TANKS THERE AS WELL, IF THERE'S IF YOU DO HAPPEN TO HAVE A SITE OF THAT NATURE.

YES. SO LET ME ANSWER THE FIRST QUESTION.

IN OUR 2019 RECYCLED WATER MASTERPLAN UPDATE, WE LOOKED AT FUTURE PROJECTIONS FOR RECYCLED WATER DEMANDS, AND THOSE HAVE BEEN ACCOUNTED FOR THROUGH THE PLANNING YEAR OF 2040.

SO WE DON'T PLAN ANY OTHER IMPROVEMENTS FOR STORAGE WITHIN OUR SYSTEM.

AS FAR AS THE SECOND QUESTION, DO WE HAVE OTHER SITES THAT HAVE BEEN CONSIDERED? THE ANSWER IS YES.

WHEN WE STUDIED THIS PROJECT DATING AS FAR BACK AS 2012 AND THE ENVIRONMENTAL DOCUMENTS AND THE PLANNING STUDIES, WE LOOKED AT WHAT OTHER SITES ARE AVAILABLE IN THE CITY THAT WOULD FIT WITHIN THE FRAMEWORK OF PIPELINES THAT WERE BEING PLANNED AND CONSTRUCTED AT THAT TIME.

AND THIS SITE WAS CHOSEN AS AS THE MOST SUITABLE FOR THAT SYSTEM.

SO I GUESS MY SECOND QUESTION IS THEN THIS IS THE ONE AND ONLY SITE FOR THAT.

THE WATER JUST GO FOR RECYCLABLE.

THAT'S CORRECT. OKAY.

AND WITHIN YOUR 2040, I GUESS, SAY PROJECTIONS, ETC..

AND GIVEN I GUESS YOU SAY THE CONFIGURATION OF THIS PARTICULAR SITE, PROBABLY NO OTHER ADDITIONAL TANK COULD.

I GUESS IT COULDN'T ACCOMMODATE ANOTHER TANK.

SO THEREFORE, IS THAT A POSSIBILITY FOR PURCHASING ANOTHER PARCEL ELSEWHERE OR IS THAT NOT NECESSARY WITHIN YOUR PROJECTIONS OF 2040? THAT THAT'S NOT NECESSARY.

AND YOU'RE CORRECT, THIS IS THE LAST TANK THAT CAN BE CONSTRUCTED AT THIS SITE.

THANK YOU. THANK YOU.

ANY FURTHER QUESTIONS? I HAVE A FURTHER QUESTION.

MR. PADILLA, WAS ANY TYPE OF PUBLIC OUTREACH DONE TO THE PEOPLE WHO RESIDE IN THE SURROUNDING NEIGHBORHOODS? AND IF SO, WHAT TYPE OF OUTREACH? YES. SO IN ACCORDANCE WITH C A CARLSBAD POLICY FOR PUBLIC OUTREACH, WE DID RECEIVE COMMENTS FOLLOWING THE POSTING OF A HEARING NOTICE BACK IN 2020. IN DECEMBER OF 2020, WE ISSUED A PUBLIC OUTREACH REPORT IN WHICH WE RECEIVED THE QUESTIONS THROUGH THAT

[00:45:07]

AND IF I COULD JUST ADD IN ADVANCE OF THIS HEARING, NOTICES WERE ALSO SENT OUT TO THE SURROUNDING PROPERTY OWNERS.

WE RECEIVED A COUPLE INQUIRIES ON THE CONSTRUCTION, TIMING AND STAGING AND TRAFFIC CONTROL AS WELL AS THE DAYS OF THE WEEK THEY WOULD BE ALLOWED TO CONSTRUCT.

BUT WE DID NOT RECEIVE ANY OPPOSITION TO THIS PROJECT.

COULD YOU EXPAND A LITTLE BIT UPON THAT AS TO CONSTRUCTION, HOW LONG IT'S GOING TO TAKE, PHASING, THAT TYPE OF THING? SO IN RESPONSE TO THE COMMENTS RECEIVED, THAT WAS ONE OF THE QUESTIONS.

AND OUR RESPONSE WAS APPROXIMATELY 18 MONTHS TO CONSTRUCT THE WATER STORAGE TANK AND TO MAKE CONNECTIONS TO EXISTING PIPELINES.

AND IF I COULD JUST ADD ONE MORE THING, WE ALSO RECEIVED QUESTIONS ABOUT THE DAYS OF THE WEEK AND PER CITY MUNICIPAL CODE.

THE CONSTRUCTION IS NOT ALLOWED ON HOLIDAYS, SATURDAYS OR SUNDAYS.

THAT WAS A PARTICULAR CONCERN TO THE CHURCH THAT'S LOCATED IMMEDIATELY ADJACENT TO THE SITE.

OKAY. AND WHEN IS THE PROJECTED START TIME OF THE PROJECT? WE ARE ESTIMATING EARLY 2023.

IN ORDER TO COMPLETE THE DESIGN AND PUBLICLY BID THE PROJECT FOR CONSTRUCTION.

OK AND YOU'RE EXPECTING EARLY 2023, IN OTHER WORDS, ABOUT SIX MONTHS AWAY TO ACTUALLY START THE CONSTRUCTION ON THE SITE? THAT'S CORRECT.

OKAY. SO YOU'LL HAVE TO DO THE BIDDING PROCESS AND EVERYTHING AHEAD OF TIME, BUT SET IT UP.

SO JANUARY, FEBRUARY, YOU MIGHT BE ABLE TO GET STARTED THEN, RIGHT? THAT'S CORRECT. OKAY.

ANY FURTHER QUESTIONS FROM COMMISSIONERS? COMMISSIONER KAMENJARIN.

TWO QUESTIONS.

HOW THICK ARE THE WALLS OF THIS PROPOSED STORAGE TANK AND HAVE THERE BEEN ANY SEISMIC STUDIES DONE? I'D BE CONCERNED IF I LIVED ON FISHERMAN MAN OR ON NEWCREST COURT QUITE FRANKLY.

YEAH. SO THE THICKNESS OF THE WALLS OF THE STORAGE TANK ARE GOVERNED BY ENGINEERING CODES.

AMERICAN WATERWORKS ASSOCIATION HAS STANDARDS FOR HOW THICK THE WALLS NEED TO BE, AND THAT CODE SPECIFIES THAT THE SEISMIC DEMANDS OF THE SITE NEED TO BE CONSIDERED IN THE DESIGN OF THOSE WALLS.

SO HOW THICK ARE THEY? I COULDN'T ANSWER THAT QUESTION NOW, BUT I CAN TELL YOU THAT THEY WILL VARY FROM TOP TO BOTTOM IN THICKNESS.

TYPICALLY, THE UPPERMOST PLATES MIGHT BE A QUARTER INCH, 3/8 OF AN INCH THICK AND DOWN NEAR THE BOTTOM OF THE TANK.

MUCH THICKER WALLS WOULD BE REQUIRED TO RESIST THE SEISMIC FORCES, PROBABLY ON THE ORDER OF ONE INCH THICK PLATES.

THANK YOU,.

MR. PADILLA, ARE YOU AWARE OF ANY COMPLAINTS WITH THE FACILITY AS IT'S PRESENTLY CONSTRUCTED? ANY NEIGHBORS HAVE ANY CONCERN ABOUT NOISE, TRAFFIC, ANYTHING LIKE THAT? WE HAVE RECEIVED SOME INPUT IN THAT REGARD, AND IT WAS PRIMARILY RELATED TO WORK BY TELECOMMUNICATIONS COMPANIES INSTALLING ANTENNAS ON THE EXISTING LARGE 8 MILLION GALLON TANK.

WE DO VISIT THE SITE QUITE FREQUENTLY FOR OUR NORMAL OPERATIONS RELATED TO ALL THREE TANKS, AND WE HAVE NOT RECEIVED ANY COMPLAINTS WITH RESPECT TO OUR NORMAL OPERATIONS. SO THE ONE COMPLAINT THAT WE DID RECEIVE WAS AN ISOLATED EVENT AND IT WAS RELATED TO THE HOLDERS FOR CONSTRUCTION FACILITIES AT, AT, AT OUR TANK SITE.

DO YOU HAVE PERSONNEL WHO ARE ON SITE ON A REGULAR BASIS THAT ARE THAT'S THEIR JOB TO GO THERE MONDAY THROUGH FRIDAY? OR IS IT JUST OUT ON A NEEDS BASIS? YES, WE DO HAVE OPERATIONS PERSONNEL THAT VISIT.

OBVIOUSLY, THEY HAVE TO DO CHECKS ON THE SYSTEMS, MAKE SURE EVERYTHING IS OPERATING PROPERLY, SO WE'RE OUT THERE QUITE FREQUENTLY.

ON A NEEDS BASIS RATHER THAN HAVE SOMEBODY ON THE ON SITE 24/SEVEN CORRECT? RIGHT ON A PLANNED SCHEDULE.

YES. THANK YOU.

ANYTHING MORE FROM COMMISSIONERS? SEEING NONE. ALL RIGHT, SO FOR ALL INTENTS AND PURPOSES, YOU'RE THE APPLICANT HERE, SO I'VE ALREADY CALLED THE APPLICANT.

NEXT ITEM WOULD BE, LET'S OPEN FOR MORE PUBLIC TESTIMONY.

MADAM CLERK, HAVE WE RECEIVED ANY SPEAKER SLIPS ON THIS ITEM? MR. CHAIR, WE DID NOT.

OKAY, I WILL THEN CLOSE THE PUBLIC INPUT PORTION OF THE HEARING AND I WILL OPEN IT UP TO COMMENTS FROM COMMISSIONERS.

WHO WANTS TO GET US STARTED? ANY COMMENTS, QUESTIONS? YES. I WANT TO COMPLIMENT STAFF.

THIS IS QUITE THE MANUSCRIPT.

THANK YOU. I ALSO THINK THIS IS GREAT.

I MEAN, WE'RE IN A WATER CRISIS HERE IN CALIFORNIA.

THAT'S NO SECRET TO THE EXTENT THAT WE CAN USE RECYCLED WATER AND AND MINIMIZE THE USE OF POTABLE WATER, DRINKABLE

[00:50:05]

AND THIS IS A FACILITY THIS IS THE LAST STEP AND A FACILITY THAT'S BEEN PLANNED FOR A COUPLE OF DECADES NOW.

SO I CAN'T SEE ANY REASON NOT TO APPROVE IT.

IT MAKES ABUNDANT SENSE.

WE NEED TO FACILITATE RECYCLED WATER, THE DISTRIBUTION THROUGHOUT THE CITY.

SO I SAY AMEN TO THIS ONE AND GOOD JOB.

ALL RIGHT. DO WE HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE STAFF RECOMMENDATION.

MOTION BY COMMISSIONER MEENES.

DO WE HAVE A SECOND? I WILL SECOND.

AND I WANT TO THANK BOTH OF YOU FOR YOUR WORK.

I THINK THIS IS EXTREMELY IMPORTANT.

ECHOING WHAT COMMISSIONER STEIN TALKED ABOUT, WE'RE IN WHAT APPARENTLY A PROLONGED DROUGHT.

WHATEVER WE CAN DO TO HELP AND THE SOONER THE BETTER.

THANK YOU. THANK YOU.

COMMISSIONER MERZ, YOU HAVE A COMMENT.

I ALSO WANT TO SAY I REALLY APPRECIATE THE PRESENTATION AND MR. PADILLA'S ANSWERS THE QUESTIONS.

I YOU DID A GREAT JOB AND COMPREHENSIVELY ANSWERING ALL OUR QUESTIONS.

SO THANK YOU. SO WE HAVE A MOTION BY COMMISSIONER MEENES, A SECOND BY COMMISSIONER KAMENJARIN, CORRECT? YEAH, THAT'S CORRECT. LET'S VOTE.

THE MOTION PASSED SIX-ZERO WITH ONE ABSENT.

THANK YOU. THANK YOU.

EXCELLENT JOB.

OKAY. WE WILL PROCEED NOW WITH OUR LAST PORTION OF OUR AGENDA, AND THAT IS FOR COMMISSIONER REPORTS.

[PLANNING COMMISSION MEMBER REPORTS]

COMMISSIONER KAMENJARIN.

I ATTENDED WITH MR. LARDY, THE AND CORRECT ME IF I GET THE TITLE WRONG, THE OBJECTIVE DESIGN STANDARD WORKSHOP AT THE END OF JUNE.

I THOUGHT IT WAS AN EXCELLENT PRESENTATION.

MR. LARDY WAS GRACIOUS ENOUGH TO EMAIL ME A COPY OF THE HANDOUT.

I WOULD RECOMMEND THAT TO EACH OF MY COMMISSIONERS, AND IF YOU WANT TO CONTACT ME, I'LL BE HAPPY TO FORWARD THAT ON MR. LARDY, ASSUMING THERE'S NO PROBLEM WITH THAT.

NO PROBLEM WITH THAT, WE CAN SEND IT TO ALL THE COMMISSIONERS.

IT'S ALSO ON OUR WEBSITE AT THIS TIME.

I THOUGHT IT WAS EXCELLENT AND WORTH LOOKING AT, EVEN IF YOU'RE NOT INTERESTED IN ARCHITECTURE.

ALL RIGHT. COMMISSIONER MEENES.

COMMISSIONER SABELLICO? NO. COMMISSIONER MERZ.

NO. I JUST WANT A QUICK ITEM HERE.

AS YOU KNOW, COMMISSIONER SABELLICO AND I ARE THE PLANNING COMMISSION REPRESENTATIVES TO THE GROWTH MANAGEMENT CITIZENS COMMITTEE.

AND I WANT TO REPORT THAT I DID ATTEND THE MEETING ON JUNE 23RD.

WE ARE IN AN INFORMATIONAL PHASE OF THIS, AN EXTENDED INFORMATIONAL PHASE, GIVING US BACKGROUND ON THE VARIOUS PUBLIC SERVICES AND HOW THEY'RE FUNDED. THE ONE THAT WE HAD ON JUNE 23RD WAS ON SCHOOL PERFORMANCE ISSUES, DRAINAGE ISSUES, WASTEWATER SEWER COLLECTION ISSUES.

AGAIN, I THINK IT LASTED THREE AND ONE HALF HOURS.

SO THERE WAS A LOT VERY IN-DEPTH REPORT.

BUT WE'RE BUILDING UP SO THAT IN NOT NEXT MONTH, AUGUST, BUT IN SEPTEMBER, WE WILL ACTUALLY GET DOWN ACCORDING TO OUR AGENDA TO TALKING ABOUT ACTUAL PLAN INPUT EXCUSE ME, ITEMS FOR A NEW PLAN, GROWTH MANAGEMENT PLAN OF SOME TYPE FOR THE CITY OF CARLSBAD.

WE HAVEN'T GOT THAT FAR.

IT'S BACKGROUND NOW VERY COMPREHENSIVE STAFF IS DOING AN EXCELLENT JOB WITH GIVING US KIND OF THE BELT AND SUSPENDERS APPROACH OR WE GET A LOT OF INFORMATION THAT WE NEED TO MAKE INTELLIGENT DECISIONS AND DISCUSSIONS, BUT WE'LL BE UPDATING YOU.

BUT AS OF SEPTEMBER, THEN WE'RE GOING TO KIND OF ROLL UP OUR SLEEVES AND BEING TALKING ABOUT VARIOUS PLANS AND PROPOSALS MOVING FORWARD.

THAT AND JUST ON THE SOCIAL NOTE, I WANT TO INDICATE THAT I DID RECEIVE FROM FORMER CITY PLANNER A NEW A NICE THANK YOU CARD FOR THE MAYBE PERHAPS EVERYBODY GOT THEM.

YES, A VERY NICE CARD.

APPRECIATIVE OF THE GIFT CERTIFICATE WE GOT FOR THE RESTAURANT.

SO I THOUGHT THAT WAS A GREAT THING.

AND ANOTHER SOCIAL THING, THEY'RE HAVING A RETIREMENT PARTY FOR HIM TOMORROW.

SO I HOPE THAT MANY, IF NOT ALL OF US WILL BE ABLE TO ATTEND AND AND AND WISH HIM WELL BECAUSE HE DID AN EXCELLENT JOB FOR US OK.

MR. STRONG. NOTHING TO REPORT OTHER THAN EARLY NOTICE THAT THE AUGUST 3RD MEETING IS CANCELED.

[CITY PLANNER REPORT]

[00:55:07]

THANK YOU. THANK YOU.

MR. KEMP. NO REPORT.

SEE YOU TOMORROW NIGHT. OKAY.

ALL RIGHT. WE ARE AT THE END OF OUR AGENDA AND WE ARE ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.