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HomeMy WebLinkAbout2016-03-16; Planning Commission; MinutesPlanning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER March 16, 2016 PLANNING COMMISSION 6:00p.m. March 16, 2016 COUNCIL CHAMBERS Chairperson Anderson called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner L'Heureux led the Pledge of Allegiance. ROLL CALL CORRECTED Page 1 Present: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux, Montgomery, Segall and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Bridget Desmarais, Administrative Secretary Christer Westman, Senior Planner Pam Drew, Associate Planner Greg Fisher, Associate Planner Austin Silva, Associate Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Anderson asked if there were any corrections or revisions to the minutes of the meeting of February 3, 2016. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black to approve the minutes of the Regular Meeting of February 3, 2016. VOTE: 6-0-1 AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Goyarts PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes March 16, 2016 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson Anderson asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1 1. CUP 08-22(A) -VERIZON CARLSBAD HS WCF -Request for an amendment to Conditional Use Permit No. CUP 08-22 to allow for the removal and replacement of six four foot tall panel antennas with six, eight foot tall antennas, six new Remote Radio Units (RRU) and one AC power surge suppressor behind the antennas that are located on an existing light standard at the northwest corner of the athletic field within the Carlsbad High School campus located at 3557 Monroe Street and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (e) (Additions to Existing Structures) of the state CEQA guidelines. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Anderson asked if any member of the audience wished to address Agenda Item 1. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that the Planning Commission approve Agenda Item 1. VOTE: 7-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. COP 14-06/CUP 15-08-BUENA OUTFALL FORCE MAIN PHASE Ill-Request for the adoption of the Findings of the Final Mitigated Negative Declaration (MND), the Mitigation Monitoring and Reporting Program (MMRP) and Addendum, prepared and approved by the Buena Sanitation District, as adequate for the Buena Outfall Force Main Phase Ill project, and approval of a Coastal Development Permit and a Conditional Use Permit to allow the construction of a sewer pipeline and appurtenances within the Mello II Segment of the City's Coastal Zone on property generally located within the public rights-of-way located at the northeast corner of the intersection of Palomar Airport Road and El Camino Real, traversing within the westbound lanes of Palomar Airport Road, and continuing south on Paseo del Norte for approximately 1,200 feet within Local Facilities Management Zones 3, 5 and 13. The project is appealable to the California Coastal Commission per Section 30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project costing $100,000 or more is appealable to the Commission. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Pam Drew would make the staff presentation. Planning Commission Minutes March 16, 2016 Page 3 Ms. Drew gave a brief presentation and stated she would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Black asked when the start date is. Ms. Drew stated it would start at the end of this year. How long will it take to complete? Completion is currently projected to be one year. Commissioner Black asked about completion of Robertson Ranch? Mr. Geldert stated it should not be concurrent. Commissioner Black asked about noise levels near Motel 6. Ms. Drew stated the environmental document was completed; the sound walls were not part of the project and not analyzed. However, sound walls will be installed along the length of construction to reduce noise levels to adjacent businesses. Work would be done during the day. Commissioner Montgomery asked Mr. Geldert to describe how Palomar Airport Road will be restored every morning. Mr. Geldert stated during the week the trenches will be. flush to the pavement. By the weekend they will be base paved back to the surface. Commissioner Montgomery asked if this could interrupt the striping. Mr. Geldert responded that it should be between the striping. If there are issues, it can be addressed at that time. Mr. Geldert does not see issues except in front of the motel. Ms. Drew added that the project is conditioned for daytime work between 8:30a.m. to 4:30 p.m. in front of Motel 6 and possibly other motels along the project site. Commissioner Goyarts asked about the timeline of the project, one crew vs. two crews. Ms. Drew stated that the timeline with one crew is about one year. With two crews, it is unknown but probably six months to a year. Commissioner Goyarts asked about placing art on the boxes on the sidewalk. Ms. Drew stated they started down that route but ended up not adding art components so the boxes would blend in with the surrounding area. Commissioner Siekmann asked about Palomar Airport Road/Paseo Del Norte westbound crossing and how the closures will be taken care of. Mr. Geldert stated that will be at night with low traffic volumes and monitored by the city. Commissioner Siekmann asked if during the day there will be no work. Mr. Geldert stated they will attempt to keep that open during the day. Commissioner Siekmann asked about odor control. If there is still odor present, staff has been assured that there will not be any. They applied a Condition of Approval through San Diego County Air Pollution Control District, and they will monitor the facility. Commissioner Siekmann asked what if there is an odor issue with the passive control. Ms. Drew stated that the applicant will need to address that. Commissioner Siekmann asked how the beginning point was selected. Ms. Drew deferred this question to the applicant. Commissioner Siekmann asked if the project would affect any of the possible runway extensions? Ms. Drew stated that it would not. Chairperson Anderson asked about signage. Ms. Drew said that signage will be part of the outreach plan. The applicant gave a brief presentation and stated he would be available to answer any questions. Elmer Alex, Principal Engineer, Buena Sanitation District, Sewer Engineering Dept., 200 Civic Center Drive, Vista, represented the applicant. Carlsbad and Vista have long been partners in sewage since the early 1960's and are committed to taking care of the odor problems. A contractor with dual crews wi_ll receive incentives to finish early. There will be minor interruption of traffic on El Camino Real. Chairperson Anderson asked if there were any questions of the applicant. Commissioner Siekmann asked about odor control. Mr. Alex would obtain permits for the entire system with constant monitoring in perpetuity. She also asked about the beginning line size of pipe. Mr. Alex said the existing pipe is 24-inch in diameter and it is a force main. The line is shared with Carlsbad. Commissioner L'Heureux asked for clarification on the outreach plan to the motorists who are using the roadway. Mr. Alex stated that they are planning electronic message boards indicating lane closures. For the businesses, a list has been developed and they will be notified of the work. Commissioner L'Heureux asked about the storage of equipment and materials. Mr. Alex stated the contractor will be conditioned to locate storage lots offsite. Planning Commission Minutes March 16, 2016 Page 4 Commissioner Black asked Assistant City Attorney Kemp who would be liable for any accidents or law suits that arise from the construction. Assistant City Attorney Kemp stated that Right of Way permits will be issued by the city and it would indemnify the city for any accidents. Commissioner Segall asked about the trenching. Mr. Alex explained that the trenches will be backfilled and then covered with plates. Chairperson Anderson asked about the decibel level at completion by the motel. Mr. Alex stated he did not have an exact number but the number will be lower than the ambient noise, which includes the freeway, and street noise. Chairperson Anderson asked where their phone numbers will be posted. Mr. Alex stated that it will be posted on the odor control facilities. Chairperson Anderson asked how far from the sidewalk the boxes will be. Mr. Alex stated it would be two feet from the right of way and 12 feet from the sidewalk. Chairperson Anderson asked about Paseo Del Norte and impacts to the business. Mr. Alex said that the driveway access will remain open. The outreach will work with the medical facilities to get their customer patterns. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 2. DISCUSSION Commissioner Montgomery stated he can approve the project. Commissioner Black stated he can approve the project. Commissioner Goyarts stated he can approve the project. Commissioner Siekmann stated he can approve the project. Commissioner L'Heureux stated he can support the project. Commissioner Segall stated he can support the project. Chairperson Anderson stated she can approve the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that the Planning Commission adopt Planning Comr:nission Resolution No. 7148 adopting the Final Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum prepared and approved by the Buena Sanitation District as adequate for the Buena Outfall Force Main Phase Ill project, and adopt Planning Commission Resolution No. 7149 approving Coastal Development Permit (CDP 14- 06) and Conditional Use Permit (CUP 15-08) based on the findings and subject to the condit.ions contained therein. VOTE: 7-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. Planning Commission Minutes March 16, 2016 Page 5 3. CT 15-06/RP 15-07 -THE WAVE -Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to allow for the demolition of all structures onsite and the construction of a four-story mixed-use building consisting of 8 residential units, 13 timeshare units, 781 square feet of commercial space and a two level enclosed parking garage situated on a 0.249-acre project site located at 2646 State Street within District 4 -Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Black asked about timeshare parking and the car lift and what will happen when it doesn't work. Mr. Geldert stated it is just like an elevator. If there are mechanical issues it will be maintained and repaired by the HOA Mr. Geldert stated that there are safety mechanisms and we don't anticipate any issues. Commissioner Black asked if there were any others in Carlsbad. Mr. Geldert responded that there are not. Commissioner Black asked how residents will go out if there are issues with the lift. Mr. Geldert stated the timeshare spaces are on the ground floor and there will be less trips in and out. This issue would be very rare and infrequent. Commissioner Montgomery asked about the application of condos and timeshares within the same project. How successful are those and are people using this as a tool to say one or the other is not working. He understands that the code allows this. Mr. Fisher stated the applicant can speak to the issue. Not sure if there is enough history in the city. Mr. Neu stated the State and Oak project is the only one he is aware of that included timeshare units and condominiums. We have been meeting with the applicant to discuss eliminating the timeshare units. The initial obstacle is getting the financing to start the project. Commissioner Segall asked about the density. Mr. Neu stated that the timeshares are not counted as a residential unit but as a commercial living unit Chairperson Anderson asked about the parking turnaround. Mr. Geldert stated that the design meets the parking standards. Chairperson Anderson asked about compact parking closer to the wall and will ask the applicant. Chairperson Anderson asked about cleaning of the garage and that water is not allowed to be used. Mr. Geldert stated that there are strict water quality requirements, but the water can be contained by someone with equipment to make sure the water is not allowed to wash out into the storm drain system. Chairperson Anderson stated that it looked like the cages for the parking elevator were open and the car could roll out. Mr. Geldert stated that the car would be contained. Commissioner L'Heureux asked about the compact parking spaces. Mr. Neu stated they are not required to provide compact parking but that the Village Master Plan allows for it. The Council wants to continue to permit compact parking space allowance. Commissioner Segall asked about the width of the driveway. Mr. Fisher responded that it is 24 feet wide and it is standard on both floors. Commissioner Segall asked about the turnaround. Mr. Geldert explained that it was to allow cars to turn around if needed. Commissioner Goyarts stated that he likes the architectural design but is concerned about the density and mixed use. Mr. Neu explained that with the Village Master Plan the goal was to obtain many different kinds of housing for residents and visitors, as well as different types of parking. Commissioner Segall asked about EV stations. Mr. Fisher stated it is not part of the building code requirements at this time. Mr. Neu added the General Plan added goals/policies for that. Commissioner Segall asked is it appropriate to condition it now? Mr. Neu responded that it could be possible to require that conduit be installed for future use. Planning Commission Minutes March 16, 2016 CORRECTED Page 6 Chairperson Anderson asked if there any further questions of the staff. Seeing none, she asked if the applicant wished to make a presentation. Kirk Moeller from MAA Architects, 2173 Sulk Ave., Ste. 250, Carlsbad, made a brief presentation. Chairperson Anderson asked if there were any questions of the applicant. Chairperson Anderson stated her concern about rolling off the lift. Mr. Moeller assured her that the car would pull in and the gate would roll down. The car would need to be in park so the car would not roll off. Commissioner L'Heureux mentioned his concern with the power and lights going out while someone was in their car going up or down the lift. Mr. Moeller stated that the generator will kick in immediately. There is emergency lighting as well in the building. Commissioner L'Heureux asked about the maintenance to the generator. Mr. Moeller responded that the generator maintenance is part of the purchase of the lift. Chairperson Anderson is concerned about financing and owner occupancy rates. Mr. Moeller stated he has not had the financing discussion. The potential of having the cash to build it is there. There are concerns about eliminating the timeshares. Mr. Moeller's understanding is that renters will be here for several weeks and not one night at a time. Chairperson Anderson stated that there would be an onsite office and asked if there would be a full-time employee on site. He expressed that there would be an office onsite but whether a full-time employee will be onsite will be based on how much use the timeshare component is experiencing. He expressed there would need to be someone onsite to hand out keys and to help with the lift if needed. Mr. Neu stated the Village Plan allows hotels in this district. If Timeshares aren't successful they could convert to hotel rooms. Commissioner L'Heureux stated his concerns with mixing ownership and timeshares. Will timeshare owners be a part of the HOA? Mr. Moeller stated that the CC&Rs will be one document with two distinct sections with separate rules governing their use. I don't know if we could generate a condition separating the two. Commissioner Segall asked about the common areas. Mr. Moeller said that they will be used by both owners and timeshare renters. Commissioner Segall asked about providing the EV stations. Mr. Moeller said there would be no issues with adding EV stations. Commissioner Black continued the subject of electric vehicles asking about others parking in those spaces who do not have electric vehicles. That would be an annoyance factor as is the time the lift takes to go up and back down. Mr. Moeller stated that they have looked at the time and the maximum it would take for a single car to travel the cycle would be 2 to 3 minutes. It's hard to anticipate how many people would be leaving at the same exact time. That was the reasoning of having the owners park on the ground floor so they could come and go as they wanted. · Commissioner Siekmann stated that the lift is just something new that people will have to get used to. You see the lift and you make yo!Jr choice to buy knowing that the lift could take extra time. I think it's a fabulous idea, and theyare high-end condos. · Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 3. DISCUSSION Commissioner Montgomery commented that the parking lift is a good idea. Commissioner Montgomery doesn't share the same safety concerns as have been mentioned. He doesn't like mixing residential with timeshares but there's no evidence to suggest it wouldn't be successful. It's allowed. He can agree with the applicant and can approve the project. Planning Commission Minutes March 16, 2016 Page 7 Commissioner Black thanked staff. Commissioner Black agrees with Commissioner Montgomery. He's concerned with the stacking up of cars but that is not the city's problem, it's the problem of the owner. He can approve the project. Commissioner Goyarts likes the architecture, but still has open questions. Once those questions are researched and comes through to the Planning Commission again he could approve it. Commissioner Goyarts can't approve the project tonight. Commissioner Siekmann loves the project and doesn't have any problems with the lift. She can support the project and hopes it is approved. Good job staff. Commissioner L'Heureux thinks this is a very difficult project. Parking on site is a positive. As we want to bring people in we are providing affordable units. The density is close to the maximum and doesn't see a benefit from it. Do not believe it's a good policy to mix residential and timeshares in the same project. Commissioner L'Heureux can't support the project. Commissioner Segall has concerns with the project but there's compensating factors. She is not thrilled with parking or the lifts, but the Council says lifts are OK. The Commission has already approved a similar project so can't approve one and not the other. Mr. Kemp stated the Commission would have to make findings to support a denial that proves this project is different from another. He thinks it's much better than what is currently there. He appreciates Mr. Fisher's presentation. He can support the project. Would like to see a condition regarding conduit for the owners for EV stations. He would like to make a condition to not rent out for less than a week. Chairperson Anderson asked Mr. Neu if the Commission could do that. Mr. Neu stated he needs to check the Municipal Code. Chairperson Anderson stated she's struggled with the project. The architecture is creative and all onsite parking is good. She is concerned about the property turning into a hotel, the safety of the lift, and the financing. Since there seems to be no guarantee of full-time staff, no one would be there to monitor the use. Chairperson Anderson can't support the project. Mr. Neu asked the Chairperson if he and Mr. Kemp could confer over a short recess to see if there can be a condition for timeshare units to not rent out for less than a week. Commissioner Segall asked staff if the Fire Department had reviewed this and had no life safety issues or concerns with the lift and cars rolling off. Mr. Fisher stated that they reviewed the plans and wanted the generator added. Just for clarity, Mr. Kemp asked if the 42-inch gate would be capable of holding a rolling car from going off the lift? Mr. Moeller said a car would have no speed and yes he believes that would be strong enough to hold the car. Mr. Kemp also asked that if the power went out and the generator kicks in, does the lift automatically go back down or does it continue to go in the direction it was headed? Mr. Moeller stated that yes it would continue to travel with no change. Commissioner Siekmann asked Chairperson Anderson if Commissioner Segall would like to make a motion and they could all vote on the EV station, then they could get that done. Commissioner Segall wants to be careful as he doesn't want charging stations for residents but conduit that would allow 220 or 110, 120 or 130 amp circuit. Timeshare should be in one stall so public can use it. Mr. Geldert interjected that the architect had already stated that there would be conduit to each of the stalls and infrastructure would be there according to the Green Code which is part of the Building Code. Mr. Neu clarified about minimum time for rental. He doesn't see anything in the Municipal Code, so we would see what the Commission wanted to do, and if were a majority that would like to add a condition, we would take a brief break to determine if there are any legal issues. Chairperson Anderson asked for a hand vote to put a restriction on the timeshare/short-term rentals. Vote was 4-3 (Segall, Anderson, Goyarts, L'Heureux). Planning Commission Minutes March 16, 2016 Page 8 MOTION ACTION: Motion by Chairperson Anderson fot a hand vote to put a restriction on the timeshare/short-term rentals. VOTE: 4-3 AYES: Chairperson Anderson, Commissioner Goyarts, Commissioner L'Heureux, and Commissioner Segall NOES: Commissioners Black, Montgomery and Siekmann ABSENT: None ABSTAIN: None Chairperson Anderson called a recess at 8:41 for Mr. Kemp and Mr. Neu to confer on the matter. Chairperson .Anderson called the Planning Commission to order at 8:55. Mr. Kemp stated there was nothing in the code that would prevent the Commission from adding a condition. We just ask that Commissioner Segall state his reasons for the motion. Once the motion is made the Commission can vote on the item. Commissioner L'Heureux asked for clarification from Mr. Neu regarding hotel vs. timeshare commercial living unit. Commissioner Siekmann would like to hear from the applicant. The applicant stated he has no concerns with conditioning the project to require a minimum stay of one week for all timeshare units. Commissioner Segall made a motion for amendment to make the minimum one week for the timeshare because of the compatibility of having it rented out for one night would be incompatible to protect the owner occupied units. Commissioner L'Heureux asked if one week or 7 days. Mr. Kemp stated that it would be 7 consecutive days. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Segall and duly seconded by Commissioner Black That the Planning Commission adopt Planning Commission Resolution No. 7152 recommending approval of Tentative Tract Map CT 15-06 and Major Village Review Permit RP 15-07 to the City Council based on the findings and subject to the conditions contained therein, including the addition to the conditions requirement that the minimum length of stay for the timeshare units is 7 consecutive days. 4-3 Commissioners Black, Montgomery, Siekmann, and Segall Chairperson Anderson, Commissioners L'Heureux and Goyarts None ABSTAIN: None Planning Commission Minutes March 16, 2016 Page 9 Chairperson Anderson closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. SP 180(1)-CARLSBAD RESEARCH CENTER SPECIFIC PLAN AMENDMENT FOR LOT 75 -Request for a recommendation of approval of a Specific Plan Amendment to include a new land use category (Area 2c-Light Industrial/Commercial Tourist) that would allow a commercial hotel and related business traveler uses on Lot 75 of the Carlsbad Research Center Specific Plan with the approval of a Conditional Use Permit. The property is generally located on the southwest corner of Faraday Avenue and Van Allen Way within the Carlsbad Research Center and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (8)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1 )(c), minor municipal code amendments that do not involve physical modifications or lead to physical improvements beyond those typically exempt. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Greg Fisher would make the staff presentation. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Black asked if it will be a hotel for sure. Mr. Fisher responded that this project only allows another land use on the site. Paul Klukas, Planning Systems, 1530 Faraday Ave., Suite 100, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Commissioner Goyarts asked about the occupancy rates of the hotels. Mr. Neu responded. Chairperson Anderson asked about the timeframe. Mr. Klukas stated he did not know. Mr. Neu stated it typically is a yearly average: Lower occupancy rates tend to be November thru January. Commissioner Segall suggested enhancing the signage allowance at the Islands at Carlsbad located adjacent to the project site. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 4. DISCUSSION Commissioner Montgomery stated he can support the project. Commissioner Black stated he can support the resolution. Commissioner Goyarts stated he cari support the resolution. Commissioner Siekmann stated she can support the project. Commissioner L'Heureux can support the project and also added that the commission would like real economic data to support a hotel in the staff report if a hotel project is proposed in the future. Commissioner Segall can support the motion. Chairperson Anderson stated she can support the project. Planning Commission Minutes March 16, 2016 Page 10 MOTION ACTION: VOTE: AYES: NOES: ABSENT: ABSTAIN: Motion by Commissioner Segall and duly seconded by Commissioner L'Heureux that the Planning Commission adopt Planning Commission Resolution No. 7153 recommending approval of Specific Plan Amendment SP 180(1), based on the findings and subject to the conditions contained therein. 7-0 Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann None None None Chairperson Anderson closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 5. 5. SOP 15-20-QUARRY CREEK PLANNING AREA P-3-Request for a determination that the project is within the scope of the previously certified Quarry Creek Master Plan Environmental Impact Report (EI R 11-02) and approval of a Site Development Plan for the development of a common recreation facility to serve Quarry Creek Planning Areas R-3 and R-4 that includes a 2,281 square foot recreation building, swimming pool, passive park area, and parking on 1.3 acres located north of Marron Road, south of Adobe Springs Road, and west of El Saito Falls Street in Local Facilities Management Zone 25. Mr. Neu introduced Agenda Item 5 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Montgomery felt that construction of the recreation area is more appropriate at the middle of the project instead of at the end. Commissioner Goyarts asked about the HOA fees. Mr. Westman stated that question would be more appropriately answered by the applicant. Jack Robson, Cornerstone Communities, explained the financing of the recreation amenities. He doesn't have a problem with the errata, the homeowners will have an issue. Chairperson Anderson asked if a builder ever subsidizes the maintenance. Mr. Robson stated they could but those costs would be absorbed by the homeowners. Commissioner Segall asked what fees would be at the beginning rather than at completion. Mr. Robson did not come with that information but thought it would be around $550 per month. Commissioner L'Heureux asked if they are suggesting a different number in those 3 phases. Mr. Robson suggested the recreation center at the 881h occupancy, the pool at the 163rd occupancy, and the rest at the 288th occupancy. Chairperson Anderson asked what the assessment would be without the facilities. Mr. Robson stated he wasn't prepared to answer that. Commissioner Siekmann asked if the project was phased based on what he thought people would qualify for. Mr. Robson stated yes. Mr. Neu explained the reasoning for proposing the phasing for the recreation center. Planning Commission Minutes March 16, 2016 Page 11 Commissioner Siekmann asked if this information is given to the buyers. Mr. Robson stated yes. Commissioner L'Heureux asked about time difference between the 551h and 881h units. Mr. Robson stated that they typically sell 4 units per month. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 6. DISCUSSION Commissioner Montgomery stated that Quarry Creek was approved as a master plan with certain requirements. He can approve the project with the errata sheet proposed timing for the improvements. Commissioner Black stated he concurs with Commissioner Montgomery. Commissioner Goyarts can support the project. Commissioner Siekmann understands the higher association fees but agrees with Commissioner Montgomery. Commissioner Siekmann can approve the project with the errata sheet. Commissioner L'Heureux can support the concept of phasing the project. Mr. Westman explained the reasoning for the occupancy. He supports staff's recommendations for the errata sheet. Commissioner Segall can support staff's recommendation. Commissioner Segall can support the project. Chairperson Anderson has sympathy for the first buyers with the high HOA. Chairperson Anderson can support the project without the errata sheet and go with what the developer suggested. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7154 approving Site Development Plan (SDP 15-20) based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 5, MOTION ACTION: Motion to extend the meeting to 11:00 by Commissioner L'Heureux and duly seconded by Commissioner Segall VOTE: 4-3 AYES: NOES: Chairperson Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Segall Commissioner Black, Commissioner Goyarts, Commissioner Siekmann ABSENT: None ABSTAIN: None Planning Commission Minutes March 16, 2016 Page 12 Chairperson Anderson asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 6. 6. SDP 15-17-QUARRY CREEK PA R-1 -Request for a determination that the project is within the scope of the previously certified Quarry Creek Master Plan Environmental Impact Report (EIR 11-02) and approval of a Site Development Plan for the development of 5 multi-family buildings for 64 affordable rental residential units within Planning Area R-1 within the Quarry Creek Master Plan on property located south of Haymar Drive and west of future private Street A in the Quarry Creek Master Plan in Local Facilities Management Zone 25. Mr. Neu introduced Agenda Item 6 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Commissioner Siekmann asked Mr. Neu to explain the email the commission received. Mr. Neu explained that the email was about changes to the state density bonus laws and changing maximum parking rates. That particular legislation doesn't apply to this project. Commissioner Goyarts asked about what benefits do the residents get in lieu of the parking? Mr. Westman explained that in order to provide additionalparking, the plans would need to be changed by cutting back the slope and installing retaining walls so it would be a loss of landscape or a loss of units if the additional parking spaces were to be provided. Chairperson Anderson commented that at this point it would be nice. to hear from the applicant. Ron Brockhoff, Chelsea Development Corporation, addressed the commission with regards to parking. They will be providing 117 spaces for parking. Historically, the demand will only be to use 95 of those spaces. The balance of those are dedicated to visitors and staff. Chairperson Anderson asked about covered parking. Mr. Brockhoff stated they do quite a lot of solar when they are able to finance it. They don't feel the need to build carports because the climate doesn't dictate it, plus it costs more which requires financing. Chairperson Anderson asked if carports could be installed later. Mr. Brockhoff stated that they have on a few occasions. Commissioner Segall asked about EV stations. Mr. Brockhoff stated that they will have EV station provisions for future stations. Commissioner L'Heureux asked if the standards modification is not granted, it would put the project in a bind. Mr. Brockhoff replied that they would have to build a very expensive retaining wall into the slope, or reconfigure the buildings and probably build all 3 story buildings to accommodate for additional parking spaces. It would be very detrimental to the project. Mr. Kemp st~ted that an agenda bill was going before the Council on the 22nd requesting a loan for this project which will be providing affordable income housing, and they are aiming to provide it to the 50th and 60th percentile of the annual medium income and making it more affordable as to what the requirement has been. The Project Manager from Chelsea Investment Corporation stated that was correct. Commissioner Siekmann commented that the first two projects coming out of Quarry Creek are totally different than what was approved. Mr. Neu responded that the standards modifications process is geared toward affordable housing projects. Mr. Kemp also stated that by approving the waiver of modification, the City of Carlsbad would gain meeting their regional housing needs assessment by making even more housing affordable to the residents of Carlsbad. Sherri Hoffman, Chelsea Development, wanted to confirm that they would never bring a project forward assuming that it would be approved. Planning Commission Minutes March 16, 2016 Page 13 Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 6. DISCUSSION Commissioner Montgomery likes the architecture, the articulation; can support the project. Commissioner Montgomery can't make a finding to not require covered spaces. Commissioner Black doesn't have any problems with reducing the parking. He is comfortable with no covered spaces but would like to see it installed in the future. Commissioner Goyarts can support the project. Commissioner Siekmann agrees with Commissioner Montgomery with the covered parking. Commissioner Siekmann can support the parking standards modifications but would like to keep the covered parking. Commissioner L'Heureux had concerns but the key fact is the developer, who provides high quality projects. He can support the parking reduction; for the covered parking he would like to see that maintained. Commissioner Segall can support the project with both modifications. Chairperson Anderson agrees with other commissioners about the covered parking. MOTION ACTION: Motion by Commissioner Siekmann to include 64 covered spaces. Seconded by Commissioner Montgomery VOTE: 5-2 AYES: NOES: Chairperson Anderson, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann Commissioners Black and Segall ABSENT: None ABSTAIN: None MOTION. ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Segall to adopt Planning Commission Resolution 7151 approving Site Development Plan SOP 15-17 based on the findings and subject to the conditions contained therein including the amendment including the 64 covered parking spots. Seconded by Commissioner Siekmann. 7-0 Chairperson Anderson, Commission Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann None None ABSTAIN: None COMMISSION COMMENTS None. Planning Commission Minutes March 16, 2016 Page 14 CITY PLANNER COMMENTS Mr. Neu stated that they will go ahead with the April 61h meeting to provide an update of the revisions to the Village and Barrio Master Plan. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of March 16, 2016 was adjourned at 11:00p.m. ~~ DON NEU City Planner Tammy McMinn Minutes. Clerk