Video index

CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - None

ROLL CALL-Commissioner Baker Absent

Dennis Nygaard, Nighthawk Way, Oceanside, on behalf of Preserve Calavera, commented on the Palomar Commons and adequacy of the public notice. Concern is the new zoning code to be created. Air Quality analysis of Robertson Ranch project handed into Don Neu, Planning Director. Huge increase in air pollution with Palomar Commons project. Request staff review air quality measures for future projects.

PLANNING COMMISSION PUBLIC HEARING

1. SDP 06-02x1 - PALOMAR KOREAN CHURCH - A request for a two year extension of a Site Development Plan approval for the development of a church and child day care center located within Village T of the Rancho Carrillo Master Plan on property located on the northeast corner of El Fuerte Street and Rancho Pancho in Local Facilities Management Zone 18. Resolution No. 6714

Staff Report

Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6714 APPROVING a two year extension of Site Development Plan 06-02 based upon the findings and subject to the conditions contained therein including the errata sheet. Moved by Commissioner L'Heureux, seconded by .

Commissioner Dominguez asked if Variances would be a form of assistance. Mr. Donnell stated that this would be a....Commissioner Dominguez asked about properties that go off contract. Mr. Donnell stated affordability restrictions are good for 55 years. The city has first right of refusal or some sort of means to keep the unit affordable. Commissioner Dominguez asked apartments.... Mr. Neu stated that in regards to Variances, SDP are required for affordable housing units instead of Variances. Standards modifications help reduce Ms. Mobaldi stated case law refers to Density Bonus Law Commissioner Nygaard asked about anything the state might give. Mr. Donnell explained. Commissioner Schumacher asked if this will be codified and become statutory. It is a movement across the state. Commissioner Montgomery asked about the size of a unit. Mr. Donnell explained. Chairperson Douglas asked if the City would have less affordable housing because of the Inclusionary Housing. Mr. Donnell stated that was correct. STandalone apartment complexes are not that numerous in the City. Under 10% of the Inclusionary are affordable units. Chairperson Douglas opened and closed public testimony.

Vote to approve approve SDP 06-02x1 Resolution (Approved) (Recorded at 00:12:14)

Consent Item w/errata sheet.

2. ZCA 10-03/LCPA 10-02 - INCLUSIONARY HOUSING - Request for a recommendation of approval of minor changes to the City's inclusionary housing requirements found in Zoning Ordinance Chapter 21.85. Resolutions No. 6712 and 6713

Motion to approve Resolutions No. 6712 and 6713 Moved by Commissioner L'Heureux, seconded by .

Vote to approve Resolutions No. 6712 and 6713 (Approved) (Recorded at 00:30:17)

Staff Report

3. SECOND DWELLING UNITS AND RENT RESTRICTION - Planning Commission discussion to consider recommending to the City Council that they direct staff to prepare the necessary policy and code amendments to exclude homeowner built second dwelling units from low income rent restrictions.

Staff Report

Commissioner Schumacher asked about the surveys to existing units will options be given to current homeowners. Mr. Donnell stated the ordinance change would be effective from here on out. Ms. Mobaldi stated nothing can be required retroactively. Commissioner Schumacher stated ...Ms. Mobaldi stated.... Commissioner Dominguez asked if the total number of units is. Mr. Donnell stated he is not sure what the total number is. Ms. Fountain stated that for the inclusionary units there is an agreement with the developer. Or its captured through the building permits. Every year there is a certification program. Helps serve as a notice to homeowner. Commissioner Dominguez asked ....180 out of 213 are inclusionary. Commissioner Nygaard asked if units ....Ms. Fountain explained. Commissioner L'Heureux asked for clarification regarding Second Dwelling Units. Mr. Neu explained. Commissioner Schumacher asked about individual homeowners are subject to the same terms. Ms. Fountain stated yes. Commissioner Nygaard asked about size. 640 sq. ft. is the maximum Commissioner Schumacher asked... Chairperson Douglas went over the numbers... Chairperson Douglas opened and closed public testimony. DISCUSSION Commissioner Montgomery stated that the 180 units are developer built solely to meet inclusionary housing units. There are only 33 homeowner SDU; he feels those should not be rent restricted. Commissioner Schumacher stated that he tends to agree with Commissioner Montgomery. He feels the Commission should consider offering a notice of restriction on titles for homeowner SDU. Not in favor of rent restricting homeowner SDUs. Commissioner Dominguez stated he agreed with Commissioners Montgomery and Schumacher; make some sort assistance to get notices of restrictions on the existing homes. Commissioner Nygaard stated her concurrence. Commissioner L'Heureux commented that the vast majority of SDUs are not being built for income but instead being built for the homeowner's use. Won't be loosing that many affordable units. Chairperson Douglas does not think it is fair to force single family homeowners to rent restrictions. She stated is in favor of Option No. 2 to rent restrict only developer-built SDUs. Mr. Neu clarified. Ms. Mobaldi clarified the procedures for bringing forward to City Council. Commissioner Nygaard stated it will become increasingly difficult to create affordable housing.

Motion to approve recommend to the Council to consider revising the requirements so that the rent restriction requirement apply only to developer...no requirement for requiring .... Moved by Commissioner L'Heureux, seconded by .

Vote to approve recommend to the Council to consider revising the requirements so that the rent restriction requirement apply only to developer...no requirement for requiring .... (Approved) (Recorded at 01:17:50)

Commissioner Dominguez asked Commissioner Schumacher asked about adding the units that are not recorded.

Mr. Neu commented on the Pontebello project has been withdrawn. Ms. Mobaldi commented on the letter received by the Commission about the Rancho Carlsbad. The County recorder says the common area values is divided among the individual homeowners. Also about CC&Rs prohibiting SDU's. Ms. Mobaldi explained.

Jul 21, 2010 Planning Commission Meeting

Full agenda
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CALL TO ORDER

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES - None

ROLL CALL-Commissioner Baker Absent

Dennis Nygaard, Nighthawk Way, Oceanside, on behalf of Preserve Calavera, commented on the Palomar Commons and adequacy of the public notice. Concern is the new zoning code to be created. Air Quality analysis of Robertson Ranch project handed into Don Neu, Planning Director. Huge increase in air pollution with Palomar Commons project. Request staff review air quality measures for future projects.

PLANNING COMMISSION PUBLIC HEARING

1. SDP 06-02x1 - PALOMAR KOREAN CHURCH - A request for a two year extension of a Site Development Plan approval for the development of a church and child day care center located within Village T of the Rancho Carrillo Master Plan on property located on the northeast corner of El Fuerte Street and Rancho Pancho in Local Facilities Management Zone 18. Resolution No. 6714

Staff Report

Motion to approve that the Planning Commission adopt Planning Commission Resolution No. 6714 APPROVING a two year extension of Site Development Plan 06-02 based upon the findings and subject to the conditions contained therein including the errata sheet. Moved by Commissioner L'Heureux, seconded by .

Commissioner Dominguez asked if Variances would be a form of assistance. Mr. Donnell stated that this would be a....Commissioner Dominguez asked about properties that go off contract. Mr. Donnell stated affordability restrictions are good for 55 years. The city has first right of refusal or some sort of means to keep the unit affordable. Commissioner Dominguez asked apartments.... Mr. Neu stated that in regards to Variances, SDP are required for affordable housing units instead of Variances. Standards modifications help reduce Ms. Mobaldi stated case law refers to Density Bonus Law Commissioner Nygaard asked about anything the state might give. Mr. Donnell explained. Commissioner Schumacher asked if this will be codified and become statutory. It is a movement across the state. Commissioner Montgomery asked about the size of a unit. Mr. Donnell explained. Chairperson Douglas asked if the City would have less affordable housing because of the Inclusionary Housing. Mr. Donnell stated that was correct. STandalone apartment complexes are not that numerous in the City. Under 10% of the Inclusionary are affordable units. Chairperson Douglas opened and closed public testimony.

Vote to approve approve SDP 06-02x1 Resolution (Approved) (Recorded at 00:12:14)

Consent Item w/errata sheet.

2. ZCA 10-03/LCPA 10-02 - INCLUSIONARY HOUSING - Request for a recommendation of approval of minor changes to the City's inclusionary housing requirements found in Zoning Ordinance Chapter 21.85. Resolutions No. 6712 and 6713

Motion to approve Resolutions No. 6712 and 6713 Moved by Commissioner L'Heureux, seconded by .

Vote to approve Resolutions No. 6712 and 6713 (Approved) (Recorded at 00:30:17)

Staff Report

3. SECOND DWELLING UNITS AND RENT RESTRICTION - Planning Commission discussion to consider recommending to the City Council that they direct staff to prepare the necessary policy and code amendments to exclude homeowner built second dwelling units from low income rent restrictions.

Staff Report

Commissioner Schumacher asked about the surveys to existing units will options be given to current homeowners. Mr. Donnell stated the ordinance change would be effective from here on out. Ms. Mobaldi stated nothing can be required retroactively. Commissioner Schumacher stated ...Ms. Mobaldi stated.... Commissioner Dominguez asked if the total number of units is. Mr. Donnell stated he is not sure what the total number is. Ms. Fountain stated that for the inclusionary units there is an agreement with the developer. Or its captured through the building permits. Every year there is a certification program. Helps serve as a notice to homeowner. Commissioner Dominguez asked ....180 out of 213 are inclusionary. Commissioner Nygaard asked if units ....Ms. Fountain explained. Commissioner L'Heureux asked for clarification regarding Second Dwelling Units. Mr. Neu explained. Commissioner Schumacher asked about individual homeowners are subject to the same terms. Ms. Fountain stated yes. Commissioner Nygaard asked about size. 640 sq. ft. is the maximum Commissioner Schumacher asked... Chairperson Douglas went over the numbers... Chairperson Douglas opened and closed public testimony. DISCUSSION Commissioner Montgomery stated that the 180 units are developer built solely to meet inclusionary housing units. There are only 33 homeowner SDU; he feels those should not be rent restricted. Commissioner Schumacher stated that he tends to agree with Commissioner Montgomery. He feels the Commission should consider offering a notice of restriction on titles for homeowner SDU. Not in favor of rent restricting homeowner SDUs. Commissioner Dominguez stated he agreed with Commissioners Montgomery and Schumacher; make some sort assistance to get notices of restrictions on the existing homes. Commissioner Nygaard stated her concurrence. Commissioner L'Heureux commented that the vast majority of SDUs are not being built for income but instead being built for the homeowner's use. Won't be loosing that many affordable units. Chairperson Douglas does not think it is fair to force single family homeowners to rent restrictions. She stated is in favor of Option No. 2 to rent restrict only developer-built SDUs. Mr. Neu clarified. Ms. Mobaldi clarified the procedures for bringing forward to City Council. Commissioner Nygaard stated it will become increasingly difficult to create affordable housing.

Motion to approve recommend to the Council to consider revising the requirements so that the rent restriction requirement apply only to developer...no requirement for requiring .... Moved by Commissioner L'Heureux, seconded by .

Vote to approve recommend to the Council to consider revising the requirements so that the rent restriction requirement apply only to developer...no requirement for requiring .... (Approved) (Recorded at 01:17:50)

Commissioner Dominguez asked Commissioner Schumacher asked about adding the units that are not recorded.

Mr. Neu commented on the Pontebello project has been withdrawn. Ms. Mobaldi commented on the letter received by the Commission about the Rancho Carlsbad. The County recorder says the common area values is divided among the individual homeowners. Also about CC&Rs prohibiting SDU's. Ms. Mobaldi explained.

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