SAN MARCOS
DISCOVER LIFE's POSSIBILITIES
MINUTES
Regular Meeting of the Planning Commission
TUESDAY, JANUARY 17, 2023
City Council Chambers
1 Civic Center Drive, San Marcos, CA 92069
CALL TO ORDER
At 6:30 p.m. Planning Commission Chair Flodine called the meeting to order.
PLEDGE OF ALLEGIANCE
Commissioner Kim led the Pledge of Allegiance to the Flag.
ROLL CALL
The Secretary called the roll:
PRESENT: COMMISSIONERS: NUTTALL, KIM, NORRIS, FLODINE, CRAIN, CARROLL, RIOS ALTERNATE COMMISSIONERS IN AUDIENCE: SAULSBERRY
ABSENT COMMISSIONERS: CAVANAUGH
Also present were: Planning Division Director Joe Farace; Sustainability Program Manager Saima Qureshy; Jacqueline Paterno with Lounsberry Ferguson Altona & Peak; Building Official David Yorba; Senior Planner Sean del Solar; Michael Johnston with Telcom Law Firm; Deputy City Attorney Punam Prahalad; Senior Office Specialist Gina Jackson
ORAL AND WRITTEN COMMUNICATIONS
None
ELECTION OF CHAIRPERSON
Action
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CITY OF SAN MARCOS, CALIFORNIA 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 Regular Planning Commission
Tuesday, January 17, 2023 | Page 2 of 6
COMMISSIONER FLODINE MADE A MOTION TO NOMINATE COMMISSIONER CARROLL AS CHAIRPERSON; SECONDED BY COMMISSIONER NORRIS. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS: NUTTALL, KIM, NORRIS, FLODINE, CRAIN, RIOS NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CAVANAUGH
ABSTAIN: COMMISSIONERS: CARROLL
ELECTION OF VICE CHAIRPERSON
Action
CHAIR CARROLL MADE A MOTION TO NOMINATE COMMISSIONER RIOS AS VICE CHAIRPERSON; SECONDED BY COMMISSIONER FLODINE. MOTION CARRIED BY THE FOLLOWING VOTE:
AYES: COMMISSIONERS: NUTTALL, KIM, NORRIS, FLODINE, CRAIN, CARROLL, RIOS NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CAVANAUGH
ABSTAIN: COMMISSIONERS: RIOS
CONSENT CALENDAR
1. APPROVAL OF MINUTES, 12/5/2022
Action:
COMMISSIONER NORRIS MOVED TO APPROVE CONSENT CALENDAR ITEM #1 AS PRESENTED; SECONDED BY COMMISSIONER KIM. MOTION CARRIED BY THE FOLLOWING VOTE.
AYES: COMMISSIONERS: NUTTALL, KIM, NORRIS, FLODINE, CRAIN, CARROLL, RIOS NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CAVANAUGH
ABSTAIN: COMMISSIONERS: NONE
PUBLIC HEARINGS
2. Project No: TA22-0003 and EX22-044
Applicant: City of San Marcos
Request: Municipal Code update for implementing the requirements of AB 1236 to streamline City of San Marcos | 1 Civic Center Drive | San Marcos, CA 92069| (760) 744-1050 | www.san-marcos.net 2 Regular Planning Commission
Tuesday, January 17, 2023 | Page 3 of 6
processing of permit applications for Electric Vehicle Charging Stations.
Location of Property: City Wide
Recommendation: Staff recommends approval to City Council Jacqueline Paterno, Deputy City Attorney with Lounsberry, Ferguson, Altona, & Peak: gave the presentation.
PUBLIC COMMENTS
None
CLOSED PUBLIC HEARING
Planning Commissioners discussions included: Simplicity of the checklists; 5% make ready; how does this work with State Law AB 2097; staff funding impact for the streamline process; clarification on a health and safety denial; the review process for installing an EV fast charging station.
Staff Response: The checklists should be easy to download and complete. The 5% comes from the Climate Action Plan relating to non-residential projects. The 5% is the total space required for EVs and overlaps with the State Law. If State Law says no parking, then there will not be any EV charging stations.
Streamlining efforts are for the Building permits and the checklists cover the required information the City asks for. Staff does not expect any significant staffing impacts with this streamlining process. All contents of the checklist are related to health and safety, following the electrical code. Larger projects cannot be reviewed over the counter and takes 15 business days for first round staff review.
Action:
COMMISSIONER NORRIS MOVED TO RECOMMEND APPROVAL TO CITY COUNCIL EX22-044 AND RESOLUTION PC 22-5018 FOR TA22-0003; AND SECONDED BY COMMISSIONER CRAIN. MOTION CARRIED BY A ROLL CALL VOTE.
AYES: COMMISSIONERS: NUTTALL, KIM, NORRIS, CARROLL, RIOS, FLODINE, CRAIN NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CAVANAUGH
ABSTAIN: COMMISSIONERS: NONE
3. Project No: TA19-0002 and EX22-043
City of San Marcos | 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 www.san-marcos.net 3 Regular Planning Commission
Tuesday, January 17, 2023 | Page 4 of 6
Applicant: City of San Marcos
Request: Text Amendment to modify the Wireless Telecommunications Facilities Ordinance (SMMC Chp. 20.465) and recommend to the City Council adoption of a Policy for the Deployment of Small Wireless Facilities within the Public Rights-of-Way.
Location of Property: City Wide
Recommendation: Recommend approval to City Council
Sean del Solar, Senior Planner: gave the presentation.
Planning Commissioner discussions included: Inquiry on who will be covering the extra costs and maintenance; was City staff able to review the letter sent by the Verizon team and were there any revisions made to the ordinance language; installation charges; confirmation of the change; lease charges; will providers use the same pole or install new poles; who incurs charges when a pole needs replacing due to Staff response: Applicants are responsible for the extra costs. To confirm, the changes received from Verizon are reflected on staff's recommendations.
Michael Johnston, Telecom Law Firm response: All costs for maintenance are paid by the applicant in the permit process. The only costs to the City is reviewing the application, which is reimbursable through the application fees. Ongoing maintenance costs are the applicant's responsibility after permit issuance.
Verizon comments were read and consulted with City Staff. A few changes were made to annual compliance reporting and amount of distance a cabinet can be mounted away from a pole. These changes were made in the attachments presented to you. There are a list of category fees that are permissible to charge, and some that are impermissible to charge. The approach that San Marcos is taking is charging for application and permit fees. There is no rental value when attaching to a City light pole. That subject was addressed in the FCC Small Solar and is preempted by federal law. To align with federal law. The lease is $270 per pole, per year, however this does not apply in this situation, per the FCC. The policy favors using existing structures o avoid the clutter of many new poles. There will be poles which multiple providers are able to use the same antenna, but provide their own radio unit. The City will have a licensing agreement with the applicant that they much purchase 5 or 6 poles to keep at the maintenance yard and use in case a pole is knocked
PUBLIC COMMENTS
None
CLOSED PUBLIC HEARING
City of San Marcos 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 | www.san-marcos.net Regular Planning Commission
Tuesday, January 17, 2023 | Page 5 of 6
Action:
COMMISSIONER RIOS MOVED TO RECOMMEND APPROVAL TO CITY COUNCIL EX22-043 AND RESOLUTION PC 22-5017 FOR TA19-0002; AND SECONDED BY COMMISSIONER FLODINE. MOTION CARRIED BY A ROLL CALL VOTE.
AYES: COMMISSIONERS: NUTTALL, KIM, NORRIS, CARROLL, RIOS, FLODINE, CRAIN NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CAVANAUGH
ABSTAIN: COMMISSIONERS: NONE
Item #4, staff is asking for the item to be continued to the February 6, 2023 Planning Commission meeting.
Action:
COMMISSIONER CARROLL MADE A MOTION TO CONTINUE ITEM #4 TMP-1831 FOR GPA21-0008 TO THE FEBRUARY 6, 2023 PLANNING COMMISSION MEETING; AND SECONDED BY COMMISSIONER CRAIN.
MOTION CARRIED BY A ROLL CALL VOTE.
AYES: COMMISSIONERS: NUTTALL, KIM, NORRIS, CARROLL, RIOS, FLODINE, CRAIN NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CAVANAUGH
ABSTAIN: COMMISSIONERS: NONE
4. Project No: GPA21-0008, R21-0004, MFSDP21-0002, & ND22-008 Applicant: Paul Mayer, Santa Fe Flore LP
Request: Request for a Multi-Family Site Development Plan, including a Density Bonus, for Residential (R-3-10).
Location of Property: Northwest corner of S. Santa Fe Avenue and N. Las Flores Drive.
Recommendation: Recommend approval to City Council
PLANNING DIVISION DIRECTOR COMMENTS: Congratulated Chair Carroll and Commissioner Flodine on their reappointments. Also introduced new alternate Planning Commissioner Lionel Saulsberry.
Congratulated Chair Carroll on his election to Chairperson and to Commissioner Rios on her appointment to Vice Chairperson. Last week's City Council meeting received the CAP Bi-Annual report. The Montiel City of San Marcos | 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 | www.san-marcos.net 5 Regular Planning Commission
Tuesday, January 17, 2023 | Page 6 of 6
project will be heard at the next City Council meeting. The General Plan Update will also be heard at the City Council meeting February 14th .. After Council endorses the map, staff can get started on the CEQA portion of the update. Next Planning Commission meeting will be February 6th.
PLANNING COMMISSIONER COMMENTS: Chair Carroll thanked the Commission for their votes.
ADJOURNMENT
At 7:29 p.m. Chair Carroll adjourned the meeting.
Chute Carroll
CHRISTOPHER CARROLL, CHAIRPERSON
CITY OF SAN MARCOS PLANNING COMMISSION
ATTEST:
Mia facian
GINA JACKSON, SENIOR OFFICE SPECIALIST
CITY OF SAN MARCOS PLANNING COMMISSION
City of San Marcos 1 Civic Center Drive | San Marcos, CA 92069 | (760) 744-1050 | www.san-marcos.net