Video index
Meeting Paused
Meeting Resumed
CALL TO ORDER
Chairperson Baker called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Boddy led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery and Whitton.
Absent: None.
Staff Present:
Don Neu, Planning Director
Gary Barberio, Assistant Planning Director
Sandra Holder, Community Development Director
Michele Masterson, Senior Management Analyst
Debbie Fountain, Housing and Redevelopment Director
Christer Westman, Senior Planner
David Hauser, Deputy City Engineer
Bob Johnson, City Engineer
John O’Donnell, Senior Civil Engineer
Frank Jimeno, Associate Engineer
APPROVAL OF MINUTES
Motion to approve the minutes of the Regular Meeting of August 15, 2007. Moved by Commissioner Cardosa, no second required.
Vote to approve the minutes of the Regular Meeting of August 15, 2007. (Approved)
PLANNING COMMISSION PUBLIC HEARING
1.
EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN
- Request for a recommendation for certification of a Program Environmental Impact Report, and recommendation of adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; a request for a recommendation of approval for a General Plan Amendment and Local Coastal Program Amendment to incorporate the Ponto Beachfront Village Vision Plan into the Land Use Element of the General Plan and the Land Use Plans of the Mello II and West Batiquitos Lagoon/Sammis Properties Lagoon segments of the Local Coastal Program; and a discussion and recommendation to the City Council regarding the content of the Ponto Beachfront Village Vision Plan. Resolutions No. 6338, 6339, 6340, 6341
Housing and Redevelopment Director, Debbie Fountain, and Senior Planner Christer Westman, gave a detailed presentation and stated they would be available to answer any questions.
Chairperson Baker thanked staff for their presentations and asked if there were any questions of staff.
Commissioner Montgomery asked Ms. Fountain to discuss the research done to consider the linkage of the trail to the San Pacifico trail and any further linkages in the future. Ms. Fountain stated staff tried to look at the big picture with the Vision Plan, however, they realize there are some missing pieces with the trails. Staff did look at the possibility for future linkages to the trails and the coastal rail trail. Commissioner Montgomery stated there is a great emphasis on trails to the Batiquitos trails.
Commissioner Montgomery inquired about the natural resources, specifically the beaches, and what improvements are proposed to allow more citizens to utilize the area of Ponto. Ms. Fountain stated there are quite a few ideas and visions for additional parking along the beach.
Commissioner Douglas asked staff if there were any visuals of the recreation area/green space alternative, and what the difference is with the alternative to what is included in the Vision Plan. Mr. Westman stated that the southern most portion of the Vision Plan would be set aside as a public area to be used as a green space/recreational space. Commissioner Douglas inquired about the width of the proposed area. Mr. Westman responded that it would be the same width as the building setback which is 45 feet.
Commissioner Whitton asked what the trade off would be if the green space is included. Mr. Westman stated trade offs have not been identified and would be determined with a development project.
Chairperson Baker followed up on the question and asked if the number of rooms would decrease with the alternative. Mr. Westman stated that the number of rooms would not decrease.
Commissioner Dominguez asked about the standard setback for trails. Mr. Westman stated that this alternative is equal to the setback of 45 feet specifically for public access, trails are between a 12 and 20 foot easement.
Commissioner Douglas asked if any individual owners would be required to do an EIR. Mr. Westman stated this EIR is a program EIR which allows individual property owners to tier off this, including an addendum or supplemental analysis. Commissioner Douglas inquired about traffic counts during the summer in the La Costa and Encinitas areas. Mr. Westman deferred to the traffic consultant.
Dawn Wilson, RBF Consulting, stated all the nearby intersections were counted at various times between the months of July and August including week days and weekends.
Commissioner Montgomery asked about beach access and parking including direct beach access through the campgrounds. Ms. Fountain stated staff did have several discussions with the State Parks regarding beach access through the campground however all the details have not been worked out and their staff seemed open to the idea. Commissioner Montgomery asked how much the Commission could encourage that to happen. Ms. Fountain stated staff could certainly bring those concerns and ideas to the State Parks.
Commissioner Montgomery asked what the Commission can do to insure that Carlsbad residents have access to the parking along the beach. Ms. Fountain stated the Vision Plan incorporates many amenities that help not only residents of Carlsbad but also visitors to the area, such as public parking, restaurants, shops, etc. Ms. Fountain stated the entire goal was to discourage piecemeal developing and make it a more coordinated effort.
Chairperson Baker asked what was originally intended for that area according to the General Plan. Mr. Westman stated there are existing zoning and general plan designations for the property. The majority is designated as Travel-Commercial. The individual owners could submit plans in a piece meal fashion if there is no Vision Plan. Chairperson Baker stated that if the Vision Plan is not approved there is potential for more traffic than if the plan is approved. Mr. Westman stated there would be potential for that. Chairperson Baker asked if the City could exact more public amenities with the Vision Plan as opposed to without the plan. Mr. Westman responded that was true and gave possibilities of what individual applicants could ask for if the Vision Plan is not adopted.
Chairperson Baker asked if the Open Space Committee considered the vacant lot on the south end of the Vision Plan area. Commissioner Montgomery, who was a representative on the Open Space Committee, responded and stated it was not included.
Chairperson Baker asked if there were any further questions of staff. Seeing none, she called for a 10 minute recess.
Chairperson Baker called the meeting to order at 7:37 p.m. with all Commissioners present.
Chairperson Baker opened public testimony on Item 1.
Patricia Mehan, 7437 Magellan Street, stated she lives right on Avenida Encinas and expressed concern about the number of accidents on that street. She stated she would like to see an overhead walkway as well as more open space and more parking.
Sherman DeForest, 7437 Magellan Street, stated he is concerned with traffic and trails. He would like to see the proposed trail be part of a continuous trail and not be a stand-alone trail.
Patrick Mullins, 500 Rudder Ave, asked the Commission to revise the plan to incorporate more public areas.
Fred Sandquist, 6408 Crossbill Court, president of the Batiquitos Lagoon Foundation, stated his concerns about the buffering at the south end of project right up to the lagoon. He stated the 40 foot setback is important as is the trail connection. He commented that if the plan is implemented as it currently is put forth it will be a great asset to the City.
Carmen Mojado, 1889 Sunset Drive, Vista, on behalf of the Mission Band of San Luis Rey Indians, stated there needs to be further consultation with the Native Indians groups because of the cultural resources on the sites. She stated more than one monitor would be necessary as well and a pre-excavation agreement prior to anything being done to the site.
Commissioner Douglas asked how many monitors would be necessary. Ms. Mojado stated two or three might be necessary depending on the equipment on the site at the time, and there is usually one monitor per 2 pieces of equipment.
Michael Burner, 7017 Leeward Street, Carlsbad, stated his concerns regarding parking and traffic as well as noise in the area. He stated that he would like to see a gate installed at the entrance to the Hanover Beach Colony neighborhood.
Wayne Brechtel, representing Bob Lipsy, who lives at 7130 Leeward Street, commented that the mitigation measures imposed with this program EIR will impact future projects on the site. Those future projects will be subject only to those mitigation measures. He stated that he would like to make sure that no entrance to a hotel is across from Mr. Lipsy’s residence, nor does he want driveways or service entrances across from any residential area. He referenced a three page letter he submitted to the Commission prior to the hearing.
Greg Thomsen, 7155 Linden Terrace, expressed concerns regarding the EIR which he feels are lacking, including recreation and the overall visual environment.
Bill Hofman, Hofman Planning and Engineering, 5900 Pasteur Court, Carlsbad, representing WaveCrest Resorts, stated he is in full support of the Vision Plan; however, there are parts of the EIR he feels are of concern. First is with the realignment of Carlsbad Boulevard, Alternative 4, which has an impact on properties to the east. Secondly, the noise mitigation is of concern. He asked that additional mitigation measures be based on scientific evidence rather than gut instincts. Finally, he expressed concern about the landscape median at Ponto Drive. He asked the Commission to review the individual projects on a case by case basis. Chairperson Baker asked about the placement of the 40 foot setback. Mr. Hofman stated there is excess right-of-way of about 60 feet.
Luis Saunders, 503 Rudder Ave, Carlsbad, asked the Commission to preserve the beaches, the lagoon and the overall feeling of Carlsbad.
Peggy Crowley, 521 Stern Way, Carlsbad, stated her greatest concern is the 5 acre parcel on the eastern edge where the timeshare will be. She referenced a letter sent to Mr. Westman which outlined 10 major concerns.
Nigel Oliver Frost of the Lone Star Fund, representing owner of the mixed use property/timeshare resort property, stated it will be a high end project and they will take all concerns into consideration. He fully supports the Vision Plan and the EIR.
Commissioner Boddy asked if the property owner would dedicate any portion of the property to the City for public use. Mr. Frost commented that the public trail is in the proposed project.
Commissioner Whitton asked if there would be more space dedicated for the green space. Mr. Frost stated there are no existing plans. Commissioner Whitton asked again if the resort is built in that space would the owners consider donating that extra space for open space. Mr. Frost stated he would consider it.
Commissioner Douglas asked if there are any plans and what stage they are currently in. Mr. Frost stated it depends on what happens at this hearing.
Commissioner Boddy inquired if his company acquired the property through foreclosure. He stated that was correct. Commissioner Boddy inquired what the purchase price was. Mr. Frost stated a $26 million bid was rejected during the foreclosure auction. He purchased for existing debt through the bank.
George Murray, 2459 Torrejon Place, Carlsbad, commented that traffic is a main concern and asked the Commission to approve zoning that would reduce the density in the area. He stated the beach and open space are the public amenities.
Kelsey Lundy, 7332 Binnacle Drive, Carlsbad, stated nothing has been said about how the project will impact the current residents of the neighboring communities. She would like to have more given to the residents of Carlsbad, a place for the community as well as visitors. There should be a greater focus on the restaurants and retail aspects of the plan and not the hotels, timeshares, condominiums. She commented that a walkway to the train station would be a great asset. She also stated that the plan should be modified to deal with the concerns raised at the hearing.
Todd Cardiff, representing the Surfrider Foundation, stated a park would be a great asset in the southern parcel. He expressed concern regarding the fence currently surrounding the property. He stated that it should have a Coastal Development Permit or it should be removed. He further commented that the City should impose a left hand turn signal at Avenida Encinas and Carlsbad Boulevard.
Chairperson Baker asked if there were any further comments from the public. Seeing none, she called for a 10 minute recess.
Chairperson Baker called the meeting to order at 9:07 p.m. with all Commissioners present.
Chairperson Baker asked staff to respond to the concerns raised by the speakers.
Mr. Westman introduced Alex Jewell with RBF Consulting to address some of the issues raised by the speakers in regards to the EIR.
Mr. Jewell indicated that in regards to the traffic along Avenida Encinas, traffic will be at Service Level A according to the studies. Cultural resources mitigation measures are in place as well as paleontological resources. He further stated that traffic going through Hanover Colony should not be an issue because there will be a signalized intersection at Carlsbad Boulevard and Ponto Drive. Because of that, traffic would flow through the signalized intersection rather than the neighborhood. Mr. Jewell also stated that there is parking on only one side of the street in Hanover Colony which should prevent visitors from parking in that neighborhood.
Mr. Westman made comments regarding the truck routes, traffic on Avenida Encinas, changes to the Vision Plan and stated comments are still being accepted on the Vision Plan. Mr. Westman stated there are currently 11 property owners. In regards to modifying or adding mitigation measures the Commission has the ability to make modifications to the measures if it so chooses.
Ms. Fountain stated that when this Vision Plan started, each property had a land use designation which would allow development. The Vision Plan would allow for coordinated efforts on how the properties would be developed and how they would look to include public amenities, etc. The Planning Commission can make other recommendations if they feel there are some areas that are currently lacking.
Commissioner Cardosa asked if each future project would need Planning Commission approval. Mr. Westman stated that was correct, each subsequent project will perfrom its own environmental review.
Commissioner Cardosa inquired about the pre-excavation agreement and monitors needed on site. Mr. Westman stated those agreements have been done in the past and it allows the tribes access to any artifacts found. Mr. Neu referred to the mitigation measure concerning the number of monitors on site.
Commissioner Cardosa asked about the wetland park location. Mr. Westman stated the park can only exist where there are wetlands.
Commissioner Cardosa inquired about the fence on the site. Mr. Westman stated he has contacted the property owner and stated the owners have issues and concerns with liability, and they are in the process of getting a Coastal Development Permit.
Commissioner Cardosa asked about the landscape setback of 40 feet. Mr. Westman stated there is a mitigation measure stating that a setback is required in order to buffer the residents from the proposed garden hotel. The distance will be determined through project review. Commissioner Cardosa asked if it was measured from face of curb. Mr. Westman stated it would be measured from the property line.
Commissioner Douglas inquired if the parking for the mixed-use area would be 3 stories or 5 stories and how many levels would not be seen. Ms. Fountain directed the Commission’s attention to a slide showing the proposed parking structure. She stated the area is in a depressed area of the site however nothing has been designed yet and would have to be within the height requirements.
Commissioner Douglas inquired what the height is between the street and the parking structure. Ms. Fountain estimated that it might be 15 to 20 feet.
Commissioner Dominguez asked if it would be in the Commission’s purview to say that to the greatest extent possible the structure be underground. Ms. Fountain stated that nothing has been done on the site so that it might be possible. Commissioner Dominguez asked if it could be worded to say that. Ms. Fountain stated that "to the greatest extent possible" could be added.
Commissioner Douglas inquired about the bluff and any future erosion. Mr. Westman stated that at some point that would need to be taken care but currently it does not pose any threats.
Chairperson Baker asked if there any further questions of staff.
Commissioner Whitton asked about the hotel near Mr. Lipsy’s property and if there will be landscape buffering included in the Vision Plan. Mr. Westman responded that the mitigation measure intent is to have a setback and tree buffering.
Commissioner Boddy inquired about the impacts to the native habitat and nesting birds. Mr. Jewell responded stating that mitigation measures are in place. Commissioner Boddy asked what staff is using for mitigation measures for any effects that the hotel might have on neighboring nesting areas such as the lagoon. Mr. Jewell explained that the area on the southern part of the site is being preserved due to sensitive habitat. In regards to any nesting birds, the mitigation measure is to avoid disturbance during nesting periods.
Commissioner Montgomery asked how much open space has to be purchased or mitigated off site. Mr. Westman stated there is a mitigation measure for offsite purchase of open space but the location is not specific. Commissioner Montgomery stated he would like that it would be near the Batiquitos Lagoon area and those mitigation measures should be within the City of Carlsbad. Mr. Westman stated the mitigation requirement is not for habitat and there is a hierarchy starting with locations in Carlsbad.
Commissioner Dominguez asked about noise levels and if that were applicable to the exterior noise levels for the hotels for deliveries. Mr. Westman stated that projects will need to do separate noise studies.
Chairperson Baker asked if those issues can be addressed when those individual projects come forward by placing conditions on them. Mr. Westman stated that would be correct with a Conditional Use Permit or Site Development Plan.
Commissioner Dominguez asked about the recurring themes regarding the bluffs and the proposed uses for that area. Ms. Fountain stated those comments came up during the whole process. The Vision Plan takes into consideration what could happen to the greatest extent. Ms. Fountain stated it then becomes a policy decision.
Chairperson Baker asked if there any further questions of staff.
Chairperson Baker asked if the Commission wished to continue the meeting past 10:00 p.m.
Commissioner Whitton stated he felt the Commission might be able to finish tonight.
Commissioners Douglas, Boddy, Dominguez and Montgomery felt that they need to continue the matter.
Commissioner Cardosa stated he felt it should be continued.
Chairperson Baker stated the meeting would be continued.
Mr. Neu commented that the item would be continued until the next regular meeting of September 19th. Mr. Neu stated that the public testimony on the item has been closed and it would not be reopened.
Commissioner Douglas asked if there will be briefings for the this item before the next meeting. Mr. Neu stated there would be briefings on the new items but not on the continued item.
Motion to approve to continue the meeting to the next regularly scheduled meeting of September 19th. Moved by Commissioner Cardosa, no second required.
Vote to approve to continue the meeting to the next regularly scheduled meeting of September 19th. (Approved)
Ponto Beachfront Village Plan Staff Report
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Sep 05, 2007 Planning Commission Meeting
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Meeting Resumed
CALL TO ORDER
Chairperson Baker called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Boddy led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery and Whitton.
Absent: None.
Staff Present:
Don Neu, Planning Director
Gary Barberio, Assistant Planning Director
Sandra Holder, Community Development Director
Michele Masterson, Senior Management Analyst
Debbie Fountain, Housing and Redevelopment Director
Christer Westman, Senior Planner
David Hauser, Deputy City Engineer
Bob Johnson, City Engineer
John O’Donnell, Senior Civil Engineer
Frank Jimeno, Associate Engineer
APPROVAL OF MINUTES
Motion to approve the minutes of the Regular Meeting of August 15, 2007. Moved by Commissioner Cardosa, no second required.
Vote to approve the minutes of the Regular Meeting of August 15, 2007. (Approved)
PLANNING COMMISSION PUBLIC HEARING
1.
EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01 - PONTO BEACHFRONT VILLAGE VISION PLAN
- Request for a recommendation for certification of a Program Environmental Impact Report, and recommendation of adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; a request for a recommendation of approval for a General Plan Amendment and Local Coastal Program Amendment to incorporate the Ponto Beachfront Village Vision Plan into the Land Use Element of the General Plan and the Land Use Plans of the Mello II and West Batiquitos Lagoon/Sammis Properties Lagoon segments of the Local Coastal Program; and a discussion and recommendation to the City Council regarding the content of the Ponto Beachfront Village Vision Plan. Resolutions No. 6338, 6339, 6340, 6341
Housing and Redevelopment Director, Debbie Fountain, and Senior Planner Christer Westman, gave a detailed presentation and stated they would be available to answer any questions.
Chairperson Baker thanked staff for their presentations and asked if there were any questions of staff.
Commissioner Montgomery asked Ms. Fountain to discuss the research done to consider the linkage of the trail to the San Pacifico trail and any further linkages in the future. Ms. Fountain stated staff tried to look at the big picture with the Vision Plan, however, they realize there are some missing pieces with the trails. Staff did look at the possibility for future linkages to the trails and the coastal rail trail. Commissioner Montgomery stated there is a great emphasis on trails to the Batiquitos trails.
Commissioner Montgomery inquired about the natural resources, specifically the beaches, and what improvements are proposed to allow more citizens to utilize the area of Ponto. Ms. Fountain stated there are quite a few ideas and visions for additional parking along the beach.
Commissioner Douglas asked staff if there were any visuals of the recreation area/green space alternative, and what the difference is with the alternative to what is included in the Vision Plan. Mr. Westman stated that the southern most portion of the Vision Plan would be set aside as a public area to be used as a green space/recreational space. Commissioner Douglas inquired about the width of the proposed area. Mr. Westman responded that it would be the same width as the building setback which is 45 feet.
Commissioner Whitton asked what the trade off would be if the green space is included. Mr. Westman stated trade offs have not been identified and would be determined with a development project.
Chairperson Baker followed up on the question and asked if the number of rooms would decrease with the alternative. Mr. Westman stated that the number of rooms would not decrease.
Commissioner Dominguez asked about the standard setback for trails. Mr. Westman stated that this alternative is equal to the setback of 45 feet specifically for public access, trails are between a 12 and 20 foot easement.
Commissioner Douglas asked if any individual owners would be required to do an EIR. Mr. Westman stated this EIR is a program EIR which allows individual property owners to tier off this, including an addendum or supplemental analysis. Commissioner Douglas inquired about traffic counts during the summer in the La Costa and Encinitas areas. Mr. Westman deferred to the traffic consultant.
Dawn Wilson, RBF Consulting, stated all the nearby intersections were counted at various times between the months of July and August including week days and weekends.
Commissioner Montgomery asked about beach access and parking including direct beach access through the campgrounds. Ms. Fountain stated staff did have several discussions with the State Parks regarding beach access through the campground however all the details have not been worked out and their staff seemed open to the idea. Commissioner Montgomery asked how much the Commission could encourage that to happen. Ms. Fountain stated staff could certainly bring those concerns and ideas to the State Parks.
Commissioner Montgomery asked what the Commission can do to insure that Carlsbad residents have access to the parking along the beach. Ms. Fountain stated the Vision Plan incorporates many amenities that help not only residents of Carlsbad but also visitors to the area, such as public parking, restaurants, shops, etc. Ms. Fountain stated the entire goal was to discourage piecemeal developing and make it a more coordinated effort.
Chairperson Baker asked what was originally intended for that area according to the General Plan. Mr. Westman stated there are existing zoning and general plan designations for the property. The majority is designated as Travel-Commercial. The individual owners could submit plans in a piece meal fashion if there is no Vision Plan. Chairperson Baker stated that if the Vision Plan is not approved there is potential for more traffic than if the plan is approved. Mr. Westman stated there would be potential for that. Chairperson Baker asked if the City could exact more public amenities with the Vision Plan as opposed to without the plan. Mr. Westman responded that was true and gave possibilities of what individual applicants could ask for if the Vision Plan is not adopted.
Chairperson Baker asked if the Open Space Committee considered the vacant lot on the south end of the Vision Plan area. Commissioner Montgomery, who was a representative on the Open Space Committee, responded and stated it was not included.
Chairperson Baker asked if there were any further questions of staff. Seeing none, she called for a 10 minute recess.
Chairperson Baker called the meeting to order at 7:37 p.m. with all Commissioners present.
Chairperson Baker opened public testimony on Item 1.
Patricia Mehan, 7437 Magellan Street, stated she lives right on Avenida Encinas and expressed concern about the number of accidents on that street. She stated she would like to see an overhead walkway as well as more open space and more parking.
Sherman DeForest, 7437 Magellan Street, stated he is concerned with traffic and trails. He would like to see the proposed trail be part of a continuous trail and not be a stand-alone trail.
Patrick Mullins, 500 Rudder Ave, asked the Commission to revise the plan to incorporate more public areas.
Fred Sandquist, 6408 Crossbill Court, president of the Batiquitos Lagoon Foundation, stated his concerns about the buffering at the south end of project right up to the lagoon. He stated the 40 foot setback is important as is the trail connection. He commented that if the plan is implemented as it currently is put forth it will be a great asset to the City.
Carmen Mojado, 1889 Sunset Drive, Vista, on behalf of the Mission Band of San Luis Rey Indians, stated there needs to be further consultation with the Native Indians groups because of the cultural resources on the sites. She stated more than one monitor would be necessary as well and a pre-excavation agreement prior to anything being done to the site.
Commissioner Douglas asked how many monitors would be necessary. Ms. Mojado stated two or three might be necessary depending on the equipment on the site at the time, and there is usually one monitor per 2 pieces of equipment.
Michael Burner, 7017 Leeward Street, Carlsbad, stated his concerns regarding parking and traffic as well as noise in the area. He stated that he would like to see a gate installed at the entrance to the Hanover Beach Colony neighborhood.
Wayne Brechtel, representing Bob Lipsy, who lives at 7130 Leeward Street, commented that the mitigation measures imposed with this program EIR will impact future projects on the site. Those future projects will be subject only to those mitigation measures. He stated that he would like to make sure that no entrance to a hotel is across from Mr. Lipsy’s residence, nor does he want driveways or service entrances across from any residential area. He referenced a three page letter he submitted to the Commission prior to the hearing.
Greg Thomsen, 7155 Linden Terrace, expressed concerns regarding the EIR which he feels are lacking, including recreation and the overall visual environment.
Bill Hofman, Hofman Planning and Engineering, 5900 Pasteur Court, Carlsbad, representing WaveCrest Resorts, stated he is in full support of the Vision Plan; however, there are parts of the EIR he feels are of concern. First is with the realignment of Carlsbad Boulevard, Alternative 4, which has an impact on properties to the east. Secondly, the noise mitigation is of concern. He asked that additional mitigation measures be based on scientific evidence rather than gut instincts. Finally, he expressed concern about the landscape median at Ponto Drive. He asked the Commission to review the individual projects on a case by case basis. Chairperson Baker asked about the placement of the 40 foot setback. Mr. Hofman stated there is excess right-of-way of about 60 feet.
Luis Saunders, 503 Rudder Ave, Carlsbad, asked the Commission to preserve the beaches, the lagoon and the overall feeling of Carlsbad.
Peggy Crowley, 521 Stern Way, Carlsbad, stated her greatest concern is the 5 acre parcel on the eastern edge where the timeshare will be. She referenced a letter sent to Mr. Westman which outlined 10 major concerns.
Nigel Oliver Frost of the Lone Star Fund, representing owner of the mixed use property/timeshare resort property, stated it will be a high end project and they will take all concerns into consideration. He fully supports the Vision Plan and the EIR.
Commissioner Boddy asked if the property owner would dedicate any portion of the property to the City for public use. Mr. Frost commented that the public trail is in the proposed project.
Commissioner Whitton asked if there would be more space dedicated for the green space. Mr. Frost stated there are no existing plans. Commissioner Whitton asked again if the resort is built in that space would the owners consider donating that extra space for open space. Mr. Frost stated he would consider it.
Commissioner Douglas asked if there are any plans and what stage they are currently in. Mr. Frost stated it depends on what happens at this hearing.
Commissioner Boddy inquired if his company acquired the property through foreclosure. He stated that was correct. Commissioner Boddy inquired what the purchase price was. Mr. Frost stated a $26 million bid was rejected during the foreclosure auction. He purchased for existing debt through the bank.
George Murray, 2459 Torrejon Place, Carlsbad, commented that traffic is a main concern and asked the Commission to approve zoning that would reduce the density in the area. He stated the beach and open space are the public amenities.
Kelsey Lundy, 7332 Binnacle Drive, Carlsbad, stated nothing has been said about how the project will impact the current residents of the neighboring communities. She would like to have more given to the residents of Carlsbad, a place for the community as well as visitors. There should be a greater focus on the restaurants and retail aspects of the plan and not the hotels, timeshares, condominiums. She commented that a walkway to the train station would be a great asset. She also stated that the plan should be modified to deal with the concerns raised at the hearing.
Todd Cardiff, representing the Surfrider Foundation, stated a park would be a great asset in the southern parcel. He expressed concern regarding the fence currently surrounding the property. He stated that it should have a Coastal Development Permit or it should be removed. He further commented that the City should impose a left hand turn signal at Avenida Encinas and Carlsbad Boulevard.
Chairperson Baker asked if there were any further comments from the public. Seeing none, she called for a 10 minute recess.
Chairperson Baker called the meeting to order at 9:07 p.m. with all Commissioners present.
Chairperson Baker asked staff to respond to the concerns raised by the speakers.
Mr. Westman introduced Alex Jewell with RBF Consulting to address some of the issues raised by the speakers in regards to the EIR.
Mr. Jewell indicated that in regards to the traffic along Avenida Encinas, traffic will be at Service Level A according to the studies. Cultural resources mitigation measures are in place as well as paleontological resources. He further stated that traffic going through Hanover Colony should not be an issue because there will be a signalized intersection at Carlsbad Boulevard and Ponto Drive. Because of that, traffic would flow through the signalized intersection rather than the neighborhood. Mr. Jewell also stated that there is parking on only one side of the street in Hanover Colony which should prevent visitors from parking in that neighborhood.
Mr. Westman made comments regarding the truck routes, traffic on Avenida Encinas, changes to the Vision Plan and stated comments are still being accepted on the Vision Plan. Mr. Westman stated there are currently 11 property owners. In regards to modifying or adding mitigation measures the Commission has the ability to make modifications to the measures if it so chooses.
Ms. Fountain stated that when this Vision Plan started, each property had a land use designation which would allow development. The Vision Plan would allow for coordinated efforts on how the properties would be developed and how they would look to include public amenities, etc. The Planning Commission can make other recommendations if they feel there are some areas that are currently lacking.
Commissioner Cardosa asked if each future project would need Planning Commission approval. Mr. Westman stated that was correct, each subsequent project will perfrom its own environmental review.
Commissioner Cardosa inquired about the pre-excavation agreement and monitors needed on site. Mr. Westman stated those agreements have been done in the past and it allows the tribes access to any artifacts found. Mr. Neu referred to the mitigation measure concerning the number of monitors on site.
Commissioner Cardosa asked about the wetland park location. Mr. Westman stated the park can only exist where there are wetlands.
Commissioner Cardosa inquired about the fence on the site. Mr. Westman stated he has contacted the property owner and stated the owners have issues and concerns with liability, and they are in the process of getting a Coastal Development Permit.
Commissioner Cardosa asked about the landscape setback of 40 feet. Mr. Westman stated there is a mitigation measure stating that a setback is required in order to buffer the residents from the proposed garden hotel. The distance will be determined through project review. Commissioner Cardosa asked if it was measured from face of curb. Mr. Westman stated it would be measured from the property line.
Commissioner Douglas inquired if the parking for the mixed-use area would be 3 stories or 5 stories and how many levels would not be seen. Ms. Fountain directed the Commission’s attention to a slide showing the proposed parking structure. She stated the area is in a depressed area of the site however nothing has been designed yet and would have to be within the height requirements.
Commissioner Douglas inquired what the height is between the street and the parking structure. Ms. Fountain estimated that it might be 15 to 20 feet.
Commissioner Dominguez asked if it would be in the Commission’s purview to say that to the greatest extent possible the structure be underground. Ms. Fountain stated that nothing has been done on the site so that it might be possible. Commissioner Dominguez asked if it could be worded to say that. Ms. Fountain stated that "to the greatest extent possible" could be added.
Commissioner Douglas inquired about the bluff and any future erosion. Mr. Westman stated that at some point that would need to be taken care but currently it does not pose any threats.
Chairperson Baker asked if there any further questions of staff.
Commissioner Whitton asked about the hotel near Mr. Lipsy’s property and if there will be landscape buffering included in the Vision Plan. Mr. Westman responded that the mitigation measure intent is to have a setback and tree buffering.
Commissioner Boddy inquired about the impacts to the native habitat and nesting birds. Mr. Jewell responded stating that mitigation measures are in place. Commissioner Boddy asked what staff is using for mitigation measures for any effects that the hotel might have on neighboring nesting areas such as the lagoon. Mr. Jewell explained that the area on the southern part of the site is being preserved due to sensitive habitat. In regards to any nesting birds, the mitigation measure is to avoid disturbance during nesting periods.
Commissioner Montgomery asked how much open space has to be purchased or mitigated off site. Mr. Westman stated there is a mitigation measure for offsite purchase of open space but the location is not specific. Commissioner Montgomery stated he would like that it would be near the Batiquitos Lagoon area and those mitigation measures should be within the City of Carlsbad. Mr. Westman stated the mitigation requirement is not for habitat and there is a hierarchy starting with locations in Carlsbad.
Commissioner Dominguez asked about noise levels and if that were applicable to the exterior noise levels for the hotels for deliveries. Mr. Westman stated that projects will need to do separate noise studies.
Chairperson Baker asked if those issues can be addressed when those individual projects come forward by placing conditions on them. Mr. Westman stated that would be correct with a Conditional Use Permit or Site Development Plan.
Commissioner Dominguez asked about the recurring themes regarding the bluffs and the proposed uses for that area. Ms. Fountain stated those comments came up during the whole process. The Vision Plan takes into consideration what could happen to the greatest extent. Ms. Fountain stated it then becomes a policy decision.
Chairperson Baker asked if there any further questions of staff.
Chairperson Baker asked if the Commission wished to continue the meeting past 10:00 p.m.
Commissioner Whitton stated he felt the Commission might be able to finish tonight.
Commissioners Douglas, Boddy, Dominguez and Montgomery felt that they need to continue the matter.
Commissioner Cardosa stated he felt it should be continued.
Chairperson Baker stated the meeting would be continued.
Mr. Neu commented that the item would be continued until the next regular meeting of September 19th. Mr. Neu stated that the public testimony on the item has been closed and it would not be reopened.
Commissioner Douglas asked if there will be briefings for the this item before the next meeting. Mr. Neu stated there would be briefings on the new items but not on the continued item.
Motion to approve to continue the meeting to the next regularly scheduled meeting of September 19th. Moved by Commissioner Cardosa, no second required.
Vote to approve to continue the meeting to the next regularly scheduled meeting of September 19th. (Approved)
Ponto Beachfront Village Plan Staff Report
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