CITY OF ESCONDIDO MINUTES OF THE REGULAR MEETING OF THE ESCONDIDO PLANNING COMMISSION. August 13, 2013

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1 CITY OF ESCONDIDO MINUTES OF THE REGULAR MEETING OF THE ESCONDIDO PLANNING COMMISSION August 13, 2013 The meeting of the Escondido Planning Commission was called to order at 7:00 p.m. by Chairman Weber in the City Council Chambers, 201 North Broadway, Escondido, California. Commissioners present: Jeffery Weber, Chairman; Bob McQuead Vicechairman; Darol Caster, Commissioner; Gregory Johns, Commissioner; James Spann, Commissioner; and Merle Watson, Commissioner. Commissioners absent: Guy Winton, Commissioner. Staff present: Rozanne Cherry, Principal Planner; Jay Paul, Associate Planner; Owen Tunnell, Principal Engineer; Gary McCarthy, Senior Deputy City Attorney; and Ty Paulson, Minutes Clerk. MINUTES: Moved by Commissioner Caster, seconded by Commissioner Johns, to approve the minutes of the July 9, 2013, meeting. Motion carried unanimously. (6-0) WRITTEN COMMUNICATIONS None. FUTURE NEIGHBORHOOD MEETINGS None. ORAL COMMUNICATIONS None. PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT PHG : REQUEST: A modification to a previously approved Conditional Use Permit ( CUP) to remove the existing four AT&T wireless communication panel antennas located within an approximately 73-foot-high church steeple/cross at New Life Presbyterian Church and install nine new antenna panels within the structure. There would be no change to the exterior appearance of the tower. An amendment to the Conditional Use Permit previously was approved by the

2 Escondido Planning Commission in 2011 to replace the panel antennas, but the permit expired. Therefore, a new permit is required. The Planning Commission will also consider the environmental determination (Notice of Exemption) prepared for the project. LOCATION: 615 W. Citracado Parkway (APN ). Jay Paul, Associate Planner, referenced the staff report and noted staff had not identified any issues with the request. Staff recommended approval based on the following: The proposed project would be consistent with the Communication Antennas Ordinance since the antenna panels would be located within an existing tower feature that was designed to accommodate wireless facilities, and any additional support equipment would be placed within an existing enclosure area; the facility would not result in any adverse visual impacts since the antenna panels would be completely screened within an existing structure rather than construction of an additional structure; the facility was located on a non-residential site in a residential zone that was sufficient in size to support the facility without negatively impacting adjacent properties; and the facility would be in conformance with FCC emission standards. Doug Munson, Representing AT&T Mobility, noted he was available for questions. ACTION: Moved by Commissioner Spann, seconded by Commissioner Watson, to approve staff s recommendation. Motion carried unanimously. (6-0) 2. CONDITIONAL USE PERMIT PHG : REQUEST: A modification to a previously approved Conditional Use Permit (City File No CUP) for AT&T to replace the existing six 4-7 wireless communication antenna panels located on a foot-high simulated tree with twelve new 6-4 panel antennas. An amendment to the Conditional Use Permit previously was approved by the Escondido Planning Commission in 2011 to replace the existing panel antennas, but the permit expired. Therefore, a new permit is required. The Planning Commission will also consider the environmental determination (Notice of Exemption) prepared for the project. LOCATION: Within the center of the Emmanuel Faith Church parking lot on the southwestern corner of 17 th Street/Felicita Avenue and Encino Drive, addressed as 1725 Encino Drive (APNs and ).

3 Commissioner McQuead recused himself from this item. Jay Paul, Associate Planner, referenced the staff report and noted staff s main issue was whether the twelve new panel antennas could be appropriately integrated into the existing simulated tree. Staff recommended approval based on the following: The proposed project would be consistent with the Communication Antennas Ordinance since the antenna panels would be located onto an existing simulated tree that was designed to accommodate wireless facilities and is a stealthy design that blends in with the surrounding environment; the additional antennas would not create a visual impact due to its location within the center of a large parking lot that is buffered from adjacent residential development by extensive landscaping; the facility would be in conformance with the height requirements for the residential zone and consistent with the height of other mature trees around the site; additional support equipment would be placed within an existing building that is screened from public view and the facility would be in conformance with FCC emission standards. Doug Munson, Representing AT&T Mobility, noted he was available for questions. Commissioner Caster asked if the branches as referenced in Condition 7d would be extended. Mr. Paul stated that he was unaware of whether the branches could be extended. Chairman Weber asked if the landscaping at the subject site was in good condition. Mr. Paul replied in the affirmative. Commissioner Johns asked if the color of the tree had changed over time. Mr. Paul replied in the affirmative, noting that broadleaf trees tended to change in color, thus the reason for requesting pine trees in the future. Commissioner Caster asked if the branches on the subject tree would be extended. Mr. Munson noted that the key was whether structurally they could be extended, noting he would check into this. ACTION: Moved by Commissioner Caster, seconded by Commissioner Watson, to approve staff s recommendation. Motion carried. Ayes: Johns, Weber, Watson, and Caster. Noes: None. Abstained: McQuead and Spann. (4-0-2)

4 3. ZONING CODE AMENDMENT AZ : REQUEST: Consideration of proposed text amendments to Article 16 (Commercial Zones), Article 27 (Industrial Zones), Zoning Code Article 44 (Home-Occupations), Article 56 (Miscellaneous Development Standards), Article 57 (Miscellaneous Use Restrictions), and Article 61, Division 3 (Nonconforming Uses and Structures) in order to: 1) Allow the Cottage Food Operations use in residential units consistent with California State law AB1616, the State s Homemade Food Act, which took effect January 1, 2013, 2) Allow Home Occupation permits in legal nonconforming residential units in commercial and industrial zones, and; 3) Clarify and clean up inconsistencies in the current Nonconforming Uses and Structures and related sections. In addition, the Planning Commission will consider adoption of a Categorical Exemption for the Code Amendment. Rozanne Cherry, Principal Planner, referenced the staff report and noted staff recommended approval based on the following: 1) State law (AB1616) mandating that Cottage Food Operations be allowed in residential zones went into effect January 1, The conflicts with this law and our present Zoning Code need to be resolved; 2) The General Plan identifies economic and live-work opportunities and conserving resources as core themes and goals. One way to facilitate more economic opportunities is to expand the number of locations to which Home Occupation permits can be issued; 3) The Nonconforming sections of the Code need to be updated to fix inconsistencies and provide needed clarifications to assist City staff and owners of nonconforming structures and property; and 4) The other proposed changes will cleanup some older references and language in the Code that are no longer valid. Commissioner McQuead asked if there were any nonconforming lots that were so small they could not be used or sold. Mrs. Cherry noted that an existing nonconforming lot that was legal at the time it was created could be issued a building permit. Commissioner Caster referenced Page 10 (Cottage Food Operation) and asked if there were any conditions for potential odors that could be created. Mrs. Cherry and Commissioner Caster discussed potential mitigation measures for odors created by cottage food operations.

5 Chairman Weber and Mr. McCarthy discussed the laws surrounding the subject request. Commissioner Caster felt language should be added to address potential excessive odors as not being permitted for cottage food operations. Mrs. Cherry noted that the Air Quality Control Board might have conditions that address this. Chairman Weber expressed concern with food processing potentially having impacts on the water treatment with regard to cottage food operations. Mrs. Cherry referenced Item K, which indicated that the home occupation should not cause a demand for municipal or utility services in excess of those customary for residential uses. Chairman Weber suggested adding language that indicated that wastewater had to be within normal use for a residence. Mr. McCarthy noted language could be added to require no impacts to wastewater. Commissioner Spann felt a use matrix needed to be established for cottage food operations. Mrs. Cherry referenced the State s list for items that could be prepared in a residence. Commissioner McQuead noted that the Health Department regulated food operations. ACTION: Moved by Chairman Weber, seconded by Commissioner Caster, to approve staff s recommendation with the recommendation to expand Home Occupation conditions to include information regarding no impacts from excessive odors or hazardous materials released into wastewater. Motion carried unanimously. (6-0) CURRENT BUSINESS: None. ORAL COMMUNICATIONS: None. PLANNING COMMISSIONERS: Chairman Weber felt accidents would occur with bicyclists on Juniper with the new bicycle road markings. Commissioner Spann concurred.

6 ADJOURNMENT: Chairman Weber adjourned the meeting at 7:35 p.m. The next meeting was scheduled for August 27, 2013 at 7:00 p.m. in the City Council Chambers, 201 North Broadway, Escondido, California. Rozanne Cherry, Acting Secretary to the Escondido Planning Commission Ty Paulson, Minutes Clerk