Monday, February 5, 2018 – 6:00 P.M
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CITY OF SOLVANG PLANNING COMMISSION MEETING AGENDA Monday, February 5, 2018 – 6:00 P.M. Council Chambers – Solvang Municipal Center – 1644 Oak Street Members: Robert Clarke, Chair; Gay Infanti, Vice-Chair; Aaron Petersen; Jack Williams Staff: Holly Owen, Planning & Economic Development Director Dave Fleishman, Assistant City Attorney Roy Hanley, Assistant City Attorney Brynda Messer, Assistant Planner PLEDGE TO THE FLAG 1. PRELIMINARY MATTERS: A. PUBLIC COMMENT: Requests from the public to speak to the Commission on matters not on the agenda. B. Requests for Continuance, Withdrawals, or Addition of Ex-Agenda items C. Conflicts and/or Ex-Parte Communications D. Approval of Minutes: December 4, 2017 2. PUBLIC HEARINGS ON NEW DEVELOPMENT AND CITY PROJECTS A. Consideration of land use scenarios for the purpose of preparing the fiscal impact component of the Sphere of Influence Amendment and Annexation Feasibility Study. B. Request of agent, Aaron DeLaO, SAC Wireless for Verizon Wireless, lessee, to consider the approval of a Conditional Use Permit [application filed January 17, 2017] to construct a new rooftop wireless small cell site which includes two (2) antennas and four (4) remote radio units (RRUs) located inside a proposed faux chimney structure on the rooftop of an existing restaurant. A ground cabinet and a Verizon Wireless/PG&E meter will be placed behind the building. This item was continued from the November 6, 2017 and December 4, 2017 meetings. 3. DISCUSSION ITEMS 4. PLANNING COMMISSIONER’S COMMENTS 5. PLANNING/COMMUNITY DEVELOPMENT DIRECTOR’S COMMENTS (Oral reports only/no written materials provided in packet) 6. ADJOURNMENT In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in a meeting, you should contact the Office of Administrative Services at 688-5575 or the California Relay Service. Notification 48 hours prior to the meeting would enable the City to make reasonable arrangements to ensure accessibility to this meeting. CITY OF SOLVANG PLANNING COMMISSION DRAFT MEETING MINUTES Monday, December 4, 2017 6:00 P.M. Regular Hearing of the Planning Commission Council Chambers – Solvang Municipal Center – 1644 Oak Street Commissioners Present: Robert Clarke, Chair; Gay Infanti, Vice-Chair; Jack Williams, Aaron Petersen Commissioners Absent: Brian Chaney Staff Present: Holly Owen, Planning & Economic Development Director Roy Hanley, Assistant City Attorney Brynda Messer, Assistant Planner CALL TO ORDER: Chair Clarke called the meeting to order at 6:00 p.m. PLEDGE TO THE FLAG 1. PRELIMINARY MATTERS: A. PUBLIC COMMENT Mitch Williams, developer for Mission View Apartments, spoke to the Commission regarding Mission View Apartments and the issues he is having with the cost of replacing two sections of sewer (per requirements from Public Works). He gave several examples of projects in the city where this was not a requirement. He is hoping the Commission will consider and discuss these items and may seek legal counsel in the future. B. Requests for Continuance, Withdrawals, or Addition of Ex-Agenda Items: Holly Owen, Planning Director, stated that Item 2A will be continued until the February 2018 Planning Commission Meeting. Roy Hanley stated since this is a noticed meeting, the Commission should take formal action to continue the item. Planning Commission Meeting Minutes Meeting Date: December 4, 2017 Commissioner Petersen made a motion to continue the item until the February 2018 meeting, and was seconded by Commissioner Clarke. Vote is 4-0-1, with Commissioner Chaney absent. C. Conflicts and/or Ex-Parte Communications Commissioner Williams stated he must recuse himself from Item 2B, due to a possible conflict of interest. Commissioner Petersen stated he must recuse himself from Item 3B, due to a possible conflict of interest. D. Approval of Minutes: November 6, 2017 Motion to approve the minutes made by Commissioner Infanti and seconded by Commissioner Williams. Vote is 4-0-1, with Commissioner Chaney absent. 2. PUBLIC HEARING ON NEW DEVELOPMENT AND CITY PROJECTS A. Request of agent, Aaron DeLao, SAC Wireless for Verizon Wireless, lessee, to consider the approval of a Conditional Use Permit [application filed January 17, 2017] to construct a new rooftop wireless small cell site which includes two (2) antennas and four (4) remote radio units (RRUs) located inside a proposed faux chimney structure on the rooftop of an existing restaurant. A ground cabinet and a Verizon Wireless/PG&E meter will be placed behind the building. The proposed project was determined by the Board of Architectural Review to be adequately screened. This item was continued to the February 2018 Planning Commission meeting. B. Request of Charlie Schluter, agent, to consider the approval of a Conditional Use Permit [application filed October 11, 2017] to install a new rooftop photovoltaic system, including 122 modules and two inverters. The proposed project has been reviewed and approved by the Board of Architectural Review. Commissioner Williams excused himself from participating on this item due to a possible conflict of interest. Holly Owen, Planning Director, presented staff report, explaining this type of project does not require a major CUP in other jurisdictions. She followed stating that the BAR has given their approval of the project and that all findings have been made to approve this project. Planning Commission Meeting Minutes Meeting Date: December 4, 2017 The owner, Bent Olesen, was present and stated he has recently replaced the roof and the panels will not be seen. Chair Clarke opened Public Comment at 6:17 and with no speakers, closed public comment. Motion was made by Commissioner Petersen to approve the Conditional Use Permit, adopt Planning Commission Resolution 17-04, and accept the Categorical Exemption, and seconded by Commissioner Infanti. Vote is 3-0- 2, with Commissioner Williams not participating due to a possible conflict of interest, and Commissioner Chaney absent. C. Hearing on the request of DDP Properties, LLC, to consider the splitting of an approximately one (1) acre parcel [application filed May 9, 2017] into three parcels in the 7-R-1 zone district. Proposed parcel one will be 22,128 square feet. Proposed parcel two will be 15,845 square feet and parcel three will be 15,812 square feet. Commissioner Petersen excused himself from participating on this item due to a possible conflict of interest. Holly Owen, Planning Director, presented staff report. She stated the Commissioners have heard this project previously, as the applicant had proposed a two lot subdivision, but that project did not go through. She explained that the applicant would like to have access to Parcel Two through Parcel One, instead of through Parcel Three, which is a condition from the Public Works Department. She continued stating that findings need to be made to approve the lot split that the land is physically suitable for the split, and density is accurate. Brett Jones, agent for the owner, thanked staff for getting this to PC so quickly. He followed stating he had met with County Fire regarding access to Parcel Two, and fire department staff had no issue with access from Parcel One to Parcel Two. He also stated that Condition E5 states the existing garage on Parcel One shall be demolished or relocated, due to being legal non-conforming to setbacks. He asked the Commission to consider allowing the garage to remain, since it was built in the 40’s, and a legal addition was permitted in the 70’s. Erling Pohls, owner, stated he would like to leave the garage if at all possible. Chair Clarke opened public comment at 6:27, and with no comments, closed public comment. Commissioner Infanti asked for clarification of Condition D4, in regard to water hook up for Parcel Three, as the condition only refers to parcels one and two. Brett Jones answered that Parcel Three will have its own hook up for water and Planning Commission Meeting Minutes Meeting Date: December 4, 2017 sewer, while Parcels One and Two will be on a manifold (per Conditions F1-3). Commissioner Infanti asked staff if the Commission is allowed to make a variance on the garage. Ms. Owen stated that the garage was supposed to be demolished according to the prior conditions, and since this is a new entitlement then the new lots should conform to code. Roy Hanley agreed. Chair Clarke asked staff if the garage was legal, then why does it need to be removed – why are they being punished for doing a project? Roy Hanley answered the law does not consider it to be a punishment, but that new parcel maps must comply with zoning. Commissioner Infanti asked what the neighboring properties are (residential, commercial, etc.). Mr. Pohls answered they are residential properties and added they have never complained about the placement of the garage. Commissioner Infanti asked staff why there was an issue of Parcel Two being accessed via Pine Street, to which Ms. Owen answered the Public Works Director has received many complaints of traffic on Pine. Commissioner Infanti stated she didn’t think it will make a difference whether Parcel Two is accessed from Pine or Old Mission. Chair Clarke agreed. Commissioner Infanti stated that she does have an issue with the garage and thinks it should comply with the code, but believes the garage can stay during construction. Commissioner Williams stated he has no issue with access to Parcel Two off Pine. Ms. Owen asked the Commissioners to make a determination on the garage. Chair Clarke asked staff if they have the ability to keep it. Mr. Hanley stated he does not want to tell the Commissioners to say “no” to keep it or demo it. Mr. Pohls stated he would be willing to demolish portions of the garage that encroaches into the setbacks and renovate the rest of the garage.