Video index

CALL TO ORDER

PLEDGE OF ALLEGIANCE

Commissioner Cardosa led the Pledge of Allegiance.

ROLL CALL

Roll call (9 Present, 0 Absent, 0 Excused) (Recorded at 00:06:00)

APPROVAL OF MINUTES - October 17, 2007

Motion to approve APPROVAL OF MINUTES - October 17, 2007 Moved by Chairperson Baker, seconded by .

Vote to approve APPROVAL OF MINUTES - October 17, 2007 (Approved) (Recorded at 00:06:40)

PLANNING COMMISSION PUBLIC HEARING

1. CT 06-16/CUP 06-16/SUP 07-05/V 07-04 - CARLSBAD BOAT CLUB AND RESORT - Request for a Tentative Tract Map, Conditional Use Permit, Special Use Permit and Variance, for the demolition of a restaurant and single family residence and to allow the construction of a twenty-six (26) unit timeshare condominium project on one acre of land located on the south side of Adams Street, between Highland Drive and Park Drive in Local Facilities Management Zone 1. Resolutions No. 6348, 6349, 6351, 6352

Chairperson Baker asked Mr. Neu to introduce the first item. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Van Lynch would make the staff presentation. Chairperson Baker opened the public hearing on Item 1. Mr. Lynch gave a detailed presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of Staff.

Chairperson Baker stated the Commission received several letters left on the dais prior to the night's meeting. Commissioner Dominguez stated he has had ex parte communications regarding the project. Commissioner Douglas asked if the lagoon has a view ordinance. Mr. Lynch stated that as part of the Agua Hedionda Land Use there is a viewshed allowance. Commissioner Douglas asked about the condominiums near Bristol Cove. Mr. Lynch directed the Commissioners' attention to the slide showing the photo of the site, and he gave a description of the area. Commissioner Montgomery inquired about the zoning to the property to the east. Commissioner Dominguez asked if the standards for a hotel higher or lower than a timeshare application. Mr. Lynch clarified that the site would have to be converted to a residential planned development as opposed to a hotel if the timeshare were to not be financially viable. Commissioner Dominguez asked....Mr. Lynch stated that in 1991 the land use could have changed to residential. Chairperson Baker asked what the parking requirement would be considering people would be using boat trailers. Mr. Lynch stated there is very limited parking on the site. There are 2 spaces allocated for boat trailer parking currently in the parking structure. Chairperson Baker asked if docks are allowed on the lagoon and who has jurisdiction. Mr. Lynch stated the state agencies would be concerned with docks on the lagoon.

Chairperson Baker asked if the timeshare could operate as a hotel if the owners were not using it. Mr. Neu stated that would be allowed. Chairperson Baker asked if the Commission did approve supporting the project would an EIR and Negative Declaration be completed. Mr. Lynch stated the Staff would be directed to complete an EIR and Negative Declaration. Commissioner Montgomery inquired about the variances. Mr. Lynch stated because the project does not meet the development standards and therefore Staff was recommending denial. Commissioner Montgomery asked if a denial would force a complete remodel of the project. Mr. Lynch stated Staff is very concerned with the size of the project and with compatibility of the project with the surrounding neighborhoods. Commissioner Montgomery inquired... Commissioner Whitton stated that Adams Street in that area was going to be redone that could potentially effect this project. Mr. Lynch stated that the improvement plans show that Adams Street will not change much than its current alignment. Commissioner Dominguez asked if the roof appurtenance is an absolute necessity in the design of the project. Mr. Lynch stated.... Commissioner Whitton stated that there would have to be some sort of handicap access and therefore the elevator would need to be there. Commissioner Douglas asked how many units would be acceptable to Staff. Mr. Lynch stated Staff has not analyzed that issue.

Commissioner Douglas asked if Staff could give the Commission some sort of guidance as to an acceptable amount of units. Mr. Lynch stated Staff could not give a number at this time. Commissioner Douglas asked what type of use would be acceptable. Mr. Neu gave an answer. Commissioner Douglas asked if the Coastal Commission would have final approval of the project. Mr. Neu stated that the project would have to have some sort of City approval prior to going forward to the Coastal Commission. Commissioner Douglas asked if the Commission and Council approve the project could the Commission still the deny the application. Mr. Neu stated that was correct. Commissioner Boddy asked about traffic on Adams Street. Mr. Lynch responded. Commissioner Whitton stated that the project does contribute to recreational activities such as the trails and the lagoon. Commissioner Cardosa asked in the previous use if the area was frequented by visitors using the Snug Harbor area. Mr. Lynch stated the applicant could better answer that question. Commissioner Cardosa asked about the shoreline frontage. Mr. Lynch stated it was 175 feet. Commissioner Cardosa asked if mooring was allowed on the lagoon. Mr. Lynch stated he was not sure. Commissioner Cardosa stated he was concerned about the parking on the site. Commissioner Douglas asked if the project was a condominium project would change Staff decision on the project.

Commissioner Dominguez asked about.... Mr. Lynch stated the building exceeded the allowance by.... there are balconies that are too small for the Planned Development Ordinance, Commissioner Montgomery asked if that was due to the possible conversion of the project. Mr. Lynch stated no. Commissioner Cardosa asked if there have been previous reports of incompatibility of the surrounding properties. Mr. Lynch stated he was not aware of any. Chairperson Baker asked if there any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Bob Ladwig, Ladwig Design Group, representing the applicant, gave a presentation and stated he would be available to answer any questions.

Chairperson Baker asked if there were any questions of the applicant. Commissioner Whitton asked if the project was downsized by a few units, would the garage change in size. Mr. Ladwig stated the garage would stay the same. Commissioner Whitton asked about the owners. Mr. Ladwig stated there will be CC&Rs and 24 hour management onsite. Commissioner Douglas inquired about the number of boats. Mr. Ladwig stated there will be 3 boats, 2 jet skis and 3 kayaks. Commissioner Douglas asked if they are anticipating any guests along with the owners of the timeshares. Mr. Ladwig stated.... Commissioner Douglas inquired about the number of owners needed to break even or make a profit. Commissioner Boddy asked if the owners of the timeshares not be allowed to bring their own boats. Mr. Ladwig stated that was correct. Commissioner Montgomery inquired why the property owners chose this location for a timeshare use. Mr. Ladwig stated this an allowed use for the site.

Chairperson Baker called for a ten minute recess.

Chairperson Baker called the meeting to order at 7:34 p.m. with all Commissioners present. Chairperson Baker opened the public testimony on the Item. Robert Phillips, 4480 Adams Street, stated the Commission received a copy of a petition from the neighborhood tonight. Mr. Phillips went over the issues contained in the petition. Mr. Phillips stated the neighbors are concerned about the size of the project, the intensity of the use, the architectural design of the project, the substantial adverse impact on surrounding property values, the increase in traffic and noise. Chairperson Baker asked Mr. Phillips what number of units would be acceptable. Mr. Phillips stated he would like to see some use that is architecturally compatible such a residential use. Mark Merhab, 4523 Adams Street, stated that having a timeshare project within the residential neighborhood would be acceptable to him. He stated he is concerned noise, safety and traffic. Commissioner Douglas asked where his property was in relation to the project site. Mr. Merhab stated his property is 2 lots to the east. John Simons, 2744 Carlsbad Boulevard, stated that the Commission recommend approval of the project. Norine Sigafoose, 2805 Ocean Street, stated her support of the project and the applicant. She also stated the project promotes tourism in the area. She stated that even though others chose to downsize the development of property, these property owners have decided to develop their property to its greatest potential. David Cipolla, 4470 Adams Street, identified his property on a slide and emphasized the fact the neighborhood is a single family residential neighborhood. Mr. Cipolla stated the applicant's report and comments are greatly misleading and inaccurate.

Colby Enger, 4049 Adams Street, stated his family uses the lagoon on a regular basis and travels Adams Street often. He stated he feels this project is an improvement over what is currently on the site. He stated he is in favor of the proposed development. Dolores Kaulbach, 4915 Cove Drive Unit 2, stated she was speaking on behalf of the Bristol Cove development, and further stated she supports the City's decision stated in the staff report and hopes the City maintains that decision. Lowell Grimaud, 4517 Cove Drive, stated this proposal is not smart growth. He stated he is concerned with the watershed of the lagoon and is also concerned about the increase in traffic. Todd Cardiff, Coast Law Group, 129 Coast Highway, representing the neighbor to the west, .... Jean Greenwald, 1710 Bruce Road, stated the traffic impacts would be devasting to the neighborhood. Chairperson Baker asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony on the item. Chairperson Baker asked if the applicant wished to respond to any issues raised during public testimony. Commissioner Montgomery asked how the view blockage was calculated.

Chairperson Baker asked if Staff wished to respond to any issues raised during public testimony. Mr. Lynch stated the boat house and structure itself would take up 42% of the property, and the adjacent property to the east was amended with a General Plan Amendment and Zone Change. Chairperson Baker asked Mr. Lynch to clarify the General Plan designation. Mr. Lynch gave an explanation regarding the General Plan designation and Land Use designation. Commissioner Douglas asked Mr. Lynch to explain the downsizing the adjacent lots. Mr. Lynch stated that the one lot adjacent to the east is the only lot to be downsized which was done in 1991. Commissioner Boddy stated the applicant asserted the 100 foot setback was met. Mr. Lynch stated this property and the way it is zoned is slightly contrary to the land use....Commissioner Boddy asked if those improvements impact lagoon. Mr. Lynch commented that the water quality of the lagoon. BMPs for runoff.... Commissioner Whitton inquired about the parking structure and water table. Mr. Lynch deferred to the applicant. Mr. Ladwig stated the garage floor is higher than the highest level the lagoon will ever get. Commissioner Montgomery inquired what the highest allowable density in the RLM and RH.zone. Mr. Lynch .... Commissioner Montgomery stated the applicant commented the number of units in the timeshare can be reduced so that the project would need to comply with the lowest threshold of the PD ordinance. Commissioner Montgomery commented that if the project were to become something else the roof design could still be a flat roof design.

Commissioner Whitton asked if the Commission could be polled to determine if the project needs to be redesigned to meet the standards. Chairperson Baker asked Assistant City Attorney Jane Mobaldi about the highest and best use for the property. Ms. Mobaldi stated that term is usually used in appraisals and not necessarily in development uses. Chairperson Baker asked.... Ms. Mobaldi stated she could not answer those questions. Ms. Mobaldi stated that the applicant is not requesting a Zone Change at this time and the Planning Department is not seeking a Zone Change. Commissioner Dominguez stated it would be unfair to leave the applicant without some sort of guidance as to the development of the subject property. Commissioner Whitton agrees that the Commission should suggest some guidance to Staff and to the applicant. Ms. Mobaldi suggested the Commission take the issues as the

Commissioner Whitton stated this property existed with in this configuration for a long time. Commissioner Boddy stated she in concerned with the intensity of the project as well as the size of the project. She would like to see the development standards met also. She feels that a timeshare project could work on the property if it is designed very well. Commissioner Douglas commented that she is concerned that the project got this far.... Commissioner Dominguez commented that the intensity should be scaled down, the item should be redesigned and to be more compatible with the hillside. He would like to see a reduction in the roof deck. He feels 19 units to an acre would be something that is agreeable. Commissioner Montgomery stated perhaps a 12 to 14 unit an acre project might be more compatible with the surrounding neighborhood. He stated he agrees with stepback architecture from the lagoon, the roof deck should be eliminated or dropped down, and with a decrease in the units, there is an increase in parking. Commissioner Cardosa stated his supports the T-R land use on the property. He stated he does not agree with the roof deck, the number of units, and the cupola. He commented that traffic is not an issue, and the boathouse should be removed. Chairperson Baker stated this a very difficult project. She stated it is a question of compatibility, and she cannot make the finding that it is compatible with the surrounding neighborhoods. Chairperson Baker stated the project could be continued until a date uncertain. Mr. Ladwig stated he would like a chance to return with a revised project.

Motion to to continue the item until a date uncertain. Moved by Commissioner Cardosa, seconded by .

Vote to free form to continue the item until a date uncertain. (Approved) (Recorded at 02:42:33)

Carlsbad Boat Club and Resort Staff Report

2. SUP 05-18 - BRESSI RANCH PLANNING AREA 2 - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of a Special Use Permit for the development of a 23.086-acre site with eight office/industrial buildings totaling 390,000 square feet and a parking deck located in Bressi Ranch Planning Area 2 north of Town Garden Road, south of Gateway Road, east of El Camino Real, and west of Alicante Road in Local Facilities Management Zone 17. Resolution No. 6350

Chairperson Baker asked Mr. Neu introduce the next item. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would be make the staff presentation. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions.

Chairperson Baker asked if there were any questions of Staff. Commissioner Cardosa asked Mr. Goff to give a description of the parking structure. Mr. Goff stated the roof deck of the structure will be at grade level with El Camino Real. Chairperson Baker asked if there any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Associates, 5900 Pasteur Court Suite 100, gave a brief presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of the applicant. Commissioner Whitton asked about trash, utility and electrical boxes along El Camino Real. Mr. ??? stated there will be enhanced landscaping in the area. Commissioner Dominguez asked if the top of the berm approximates the top of the building structured. Mr. ??? responded. Chairperson Baker asked if there were any further questions of the applicant.

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6350 APPROVING Special Use Permit 05-18, based on the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by .

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6350 APPROVING Special Use Permit 05-18, based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:03:08)

Bressi Ranch Planning Area 2 Staff Report

3.CT 06-19/PUD 06-16/CUP 06-17 - CONTINUING CARE FACILITY BRESSI RANCH - Request for a determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommendation for approval of a Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) to develop a professional care facility with 86 individual ownership condominium units, an 11-room convalescent care unit, basement parking garage, and common dining and recreation rooms on a previously graded 2.5-acre property generally located in Planning Area 15 of the Bressi Ranch Master Plan north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street in Local Facilities Management Zone 17. Resolutions No. 6270, 6271, 6272

Chairperson Baker asked Mr. Neu to introduce next item. Mr. Neu introduced Agenda Item 3 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 Baker asked if there were any questions of staff. Commissioner Whitton asked about any letters received on the project. Mr. Westman stated no letters were received in regards to this project. Commissioner Dominguez asked if the parking stalls would be adequate for the facility, and if service deliveries be unloaded in the same area or in the underground area. Mr. Westman stated Staff feels the parking is adequate and there will be underground parking would be available for guests. Mr. Westman stated deliveries would be from the underground parking area. Commissioner Cardosa asked what the approximate number of parking spaces along the street. Mr. Westman stated there would be at least along the north and south with another eight on the other side for about 20 spaces. Chairperson Baker asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Andrew Hoskinson, Hofman Planning and Associates, 5900 Pasteur Court Suite 100, gave a brief presentation and stated he would available to answer any questions.

Chairperson Baker asked if there were any questions of the applicant. Commissioner Boddy asked about the floor plans of the units. Mr. Hoskinson stated they are essentially stacked flats. Commissioner Whitton asked about usage of solar energy uses for heating the pools, etc. Mr. Hoskinson none has been contemplated at this point. Commissioner Boddy asked if there will be kitchens in each unit or if there is common dining facilities. Mr. Hoskinson stated the units will have individuals kitchens as well as the dining facilities on site. Chairperson Baker opened public testimony on the item. Harry Grove, 2681 Alameda Circle, stated his concern is the noise and parking from site. Chairperson Baker closed public testimony on the item. Mr. Westman stated the trash service is about 2 to 3 times per week and it would be from Cottage Drive as opposed to Town Garden Road which is adjacent to Mr. Grove's neighborhood. Mr. Westman further stated that there will be further review of the lighting on the site. Commissioner Dominguez stated that Condition No. 18 addresses the issue of night time lighting. Mr. Hoskinson stated it is the Fire Department's typical process to not respond with sirens.

Motion to approve that the Planning Commission adopt Planning Commission Resolutions No. 6270, 6271 and 6272 making the determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommending approval of Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) based on the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by .

DocumentItem type: Granicus.MeetingDocument.VoteItem DisplayName: Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6270, 6271 and 6272 making the determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and RECOMMENDING APPROVAL of Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) based on the findings and subject to the conditions contained therein. (Approved) DocumentItemID: f963915a-feef-445c-b3af-87c05e8b6cfb

Continuing Care Facility Bressi Ranch

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Meeting Resumed

Nov 07, 2007 Planning Commission Meeting (Copy)

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CALL TO ORDER

PLEDGE OF ALLEGIANCE

Commissioner Cardosa led the Pledge of Allegiance.

ROLL CALL

Roll call (9 Present, 0 Absent, 0 Excused) (Recorded at 00:06:00)

APPROVAL OF MINUTES - October 17, 2007

Motion to approve APPROVAL OF MINUTES - October 17, 2007 Moved by Chairperson Baker, seconded by .

Vote to approve APPROVAL OF MINUTES - October 17, 2007 (Approved) (Recorded at 00:06:40)

PLANNING COMMISSION PUBLIC HEARING

1. CT 06-16/CUP 06-16/SUP 07-05/V 07-04 - CARLSBAD BOAT CLUB AND RESORT - Request for a Tentative Tract Map, Conditional Use Permit, Special Use Permit and Variance, for the demolition of a restaurant and single family residence and to allow the construction of a twenty-six (26) unit timeshare condominium project on one acre of land located on the south side of Adams Street, between Highland Drive and Park Drive in Local Facilities Management Zone 1. Resolutions No. 6348, 6349, 6351, 6352

Chairperson Baker asked Mr. Neu to introduce the first item. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Van Lynch would make the staff presentation. Chairperson Baker opened the public hearing on Item 1. Mr. Lynch gave a detailed presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of Staff.

Chairperson Baker stated the Commission received several letters left on the dais prior to the night's meeting. Commissioner Dominguez stated he has had ex parte communications regarding the project. Commissioner Douglas asked if the lagoon has a view ordinance. Mr. Lynch stated that as part of the Agua Hedionda Land Use there is a viewshed allowance. Commissioner Douglas asked about the condominiums near Bristol Cove. Mr. Lynch directed the Commissioners' attention to the slide showing the photo of the site, and he gave a description of the area. Commissioner Montgomery inquired about the zoning to the property to the east. Commissioner Dominguez asked if the standards for a hotel higher or lower than a timeshare application. Mr. Lynch clarified that the site would have to be converted to a residential planned development as opposed to a hotel if the timeshare were to not be financially viable. Commissioner Dominguez asked....Mr. Lynch stated that in 1991 the land use could have changed to residential. Chairperson Baker asked what the parking requirement would be considering people would be using boat trailers. Mr. Lynch stated there is very limited parking on the site. There are 2 spaces allocated for boat trailer parking currently in the parking structure. Chairperson Baker asked if docks are allowed on the lagoon and who has jurisdiction. Mr. Lynch stated the state agencies would be concerned with docks on the lagoon.

Chairperson Baker asked if the timeshare could operate as a hotel if the owners were not using it. Mr. Neu stated that would be allowed. Chairperson Baker asked if the Commission did approve supporting the project would an EIR and Negative Declaration be completed. Mr. Lynch stated the Staff would be directed to complete an EIR and Negative Declaration. Commissioner Montgomery inquired about the variances. Mr. Lynch stated because the project does not meet the development standards and therefore Staff was recommending denial. Commissioner Montgomery asked if a denial would force a complete remodel of the project. Mr. Lynch stated Staff is very concerned with the size of the project and with compatibility of the project with the surrounding neighborhoods. Commissioner Montgomery inquired... Commissioner Whitton stated that Adams Street in that area was going to be redone that could potentially effect this project. Mr. Lynch stated that the improvement plans show that Adams Street will not change much than its current alignment. Commissioner Dominguez asked if the roof appurtenance is an absolute necessity in the design of the project. Mr. Lynch stated.... Commissioner Whitton stated that there would have to be some sort of handicap access and therefore the elevator would need to be there. Commissioner Douglas asked how many units would be acceptable to Staff. Mr. Lynch stated Staff has not analyzed that issue.

Commissioner Douglas asked if Staff could give the Commission some sort of guidance as to an acceptable amount of units. Mr. Lynch stated Staff could not give a number at this time. Commissioner Douglas asked what type of use would be acceptable. Mr. Neu gave an answer. Commissioner Douglas asked if the Coastal Commission would have final approval of the project. Mr. Neu stated that the project would have to have some sort of City approval prior to going forward to the Coastal Commission. Commissioner Douglas asked if the Commission and Council approve the project could the Commission still the deny the application. Mr. Neu stated that was correct. Commissioner Boddy asked about traffic on Adams Street. Mr. Lynch responded. Commissioner Whitton stated that the project does contribute to recreational activities such as the trails and the lagoon. Commissioner Cardosa asked in the previous use if the area was frequented by visitors using the Snug Harbor area. Mr. Lynch stated the applicant could better answer that question. Commissioner Cardosa asked about the shoreline frontage. Mr. Lynch stated it was 175 feet. Commissioner Cardosa asked if mooring was allowed on the lagoon. Mr. Lynch stated he was not sure. Commissioner Cardosa stated he was concerned about the parking on the site. Commissioner Douglas asked if the project was a condominium project would change Staff decision on the project.

Commissioner Dominguez asked about.... Mr. Lynch stated the building exceeded the allowance by.... there are balconies that are too small for the Planned Development Ordinance, Commissioner Montgomery asked if that was due to the possible conversion of the project. Mr. Lynch stated no. Commissioner Cardosa asked if there have been previous reports of incompatibility of the surrounding properties. Mr. Lynch stated he was not aware of any. Chairperson Baker asked if there any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Bob Ladwig, Ladwig Design Group, representing the applicant, gave a presentation and stated he would be available to answer any questions.

Chairperson Baker asked if there were any questions of the applicant. Commissioner Whitton asked if the project was downsized by a few units, would the garage change in size. Mr. Ladwig stated the garage would stay the same. Commissioner Whitton asked about the owners. Mr. Ladwig stated there will be CC&Rs and 24 hour management onsite. Commissioner Douglas inquired about the number of boats. Mr. Ladwig stated there will be 3 boats, 2 jet skis and 3 kayaks. Commissioner Douglas asked if they are anticipating any guests along with the owners of the timeshares. Mr. Ladwig stated.... Commissioner Douglas inquired about the number of owners needed to break even or make a profit. Commissioner Boddy asked if the owners of the timeshares not be allowed to bring their own boats. Mr. Ladwig stated that was correct. Commissioner Montgomery inquired why the property owners chose this location for a timeshare use. Mr. Ladwig stated this an allowed use for the site.

Chairperson Baker called for a ten minute recess.

Chairperson Baker called the meeting to order at 7:34 p.m. with all Commissioners present. Chairperson Baker opened the public testimony on the Item. Robert Phillips, 4480 Adams Street, stated the Commission received a copy of a petition from the neighborhood tonight. Mr. Phillips went over the issues contained in the petition. Mr. Phillips stated the neighbors are concerned about the size of the project, the intensity of the use, the architectural design of the project, the substantial adverse impact on surrounding property values, the increase in traffic and noise. Chairperson Baker asked Mr. Phillips what number of units would be acceptable. Mr. Phillips stated he would like to see some use that is architecturally compatible such a residential use. Mark Merhab, 4523 Adams Street, stated that having a timeshare project within the residential neighborhood would be acceptable to him. He stated he is concerned noise, safety and traffic. Commissioner Douglas asked where his property was in relation to the project site. Mr. Merhab stated his property is 2 lots to the east. John Simons, 2744 Carlsbad Boulevard, stated that the Commission recommend approval of the project. Norine Sigafoose, 2805 Ocean Street, stated her support of the project and the applicant. She also stated the project promotes tourism in the area. She stated that even though others chose to downsize the development of property, these property owners have decided to develop their property to its greatest potential. David Cipolla, 4470 Adams Street, identified his property on a slide and emphasized the fact the neighborhood is a single family residential neighborhood. Mr. Cipolla stated the applicant's report and comments are greatly misleading and inaccurate.

Colby Enger, 4049 Adams Street, stated his family uses the lagoon on a regular basis and travels Adams Street often. He stated he feels this project is an improvement over what is currently on the site. He stated he is in favor of the proposed development. Dolores Kaulbach, 4915 Cove Drive Unit 2, stated she was speaking on behalf of the Bristol Cove development, and further stated she supports the City's decision stated in the staff report and hopes the City maintains that decision. Lowell Grimaud, 4517 Cove Drive, stated this proposal is not smart growth. He stated he is concerned with the watershed of the lagoon and is also concerned about the increase in traffic. Todd Cardiff, Coast Law Group, 129 Coast Highway, representing the neighbor to the west, .... Jean Greenwald, 1710 Bruce Road, stated the traffic impacts would be devasting to the neighborhood. Chairperson Baker asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony on the item. Chairperson Baker asked if the applicant wished to respond to any issues raised during public testimony. Commissioner Montgomery asked how the view blockage was calculated.

Chairperson Baker asked if Staff wished to respond to any issues raised during public testimony. Mr. Lynch stated the boat house and structure itself would take up 42% of the property, and the adjacent property to the east was amended with a General Plan Amendment and Zone Change. Chairperson Baker asked Mr. Lynch to clarify the General Plan designation. Mr. Lynch gave an explanation regarding the General Plan designation and Land Use designation. Commissioner Douglas asked Mr. Lynch to explain the downsizing the adjacent lots. Mr. Lynch stated that the one lot adjacent to the east is the only lot to be downsized which was done in 1991. Commissioner Boddy stated the applicant asserted the 100 foot setback was met. Mr. Lynch stated this property and the way it is zoned is slightly contrary to the land use....Commissioner Boddy asked if those improvements impact lagoon. Mr. Lynch commented that the water quality of the lagoon. BMPs for runoff.... Commissioner Whitton inquired about the parking structure and water table. Mr. Lynch deferred to the applicant. Mr. Ladwig stated the garage floor is higher than the highest level the lagoon will ever get. Commissioner Montgomery inquired what the highest allowable density in the RLM and RH.zone. Mr. Lynch .... Commissioner Montgomery stated the applicant commented the number of units in the timeshare can be reduced so that the project would need to comply with the lowest threshold of the PD ordinance. Commissioner Montgomery commented that if the project were to become something else the roof design could still be a flat roof design.

Commissioner Whitton asked if the Commission could be polled to determine if the project needs to be redesigned to meet the standards. Chairperson Baker asked Assistant City Attorney Jane Mobaldi about the highest and best use for the property. Ms. Mobaldi stated that term is usually used in appraisals and not necessarily in development uses. Chairperson Baker asked.... Ms. Mobaldi stated she could not answer those questions. Ms. Mobaldi stated that the applicant is not requesting a Zone Change at this time and the Planning Department is not seeking a Zone Change. Commissioner Dominguez stated it would be unfair to leave the applicant without some sort of guidance as to the development of the subject property. Commissioner Whitton agrees that the Commission should suggest some guidance to Staff and to the applicant. Ms. Mobaldi suggested the Commission take the issues as the

Commissioner Whitton stated this property existed with in this configuration for a long time. Commissioner Boddy stated she in concerned with the intensity of the project as well as the size of the project. She would like to see the development standards met also. She feels that a timeshare project could work on the property if it is designed very well. Commissioner Douglas commented that she is concerned that the project got this far.... Commissioner Dominguez commented that the intensity should be scaled down, the item should be redesigned and to be more compatible with the hillside. He would like to see a reduction in the roof deck. He feels 19 units to an acre would be something that is agreeable. Commissioner Montgomery stated perhaps a 12 to 14 unit an acre project might be more compatible with the surrounding neighborhood. He stated he agrees with stepback architecture from the lagoon, the roof deck should be eliminated or dropped down, and with a decrease in the units, there is an increase in parking. Commissioner Cardosa stated his supports the T-R land use on the property. He stated he does not agree with the roof deck, the number of units, and the cupola. He commented that traffic is not an issue, and the boathouse should be removed. Chairperson Baker stated this a very difficult project. She stated it is a question of compatibility, and she cannot make the finding that it is compatible with the surrounding neighborhoods. Chairperson Baker stated the project could be continued until a date uncertain. Mr. Ladwig stated he would like a chance to return with a revised project.

Motion to to continue the item until a date uncertain. Moved by Commissioner Cardosa, seconded by .

Vote to free form to continue the item until a date uncertain. (Approved) (Recorded at 02:42:33)

Carlsbad Boat Club and Resort Staff Report

2. SUP 05-18 - BRESSI RANCH PLANNING AREA 2 - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of a Special Use Permit for the development of a 23.086-acre site with eight office/industrial buildings totaling 390,000 square feet and a parking deck located in Bressi Ranch Planning Area 2 north of Town Garden Road, south of Gateway Road, east of El Camino Real, and west of Alicante Road in Local Facilities Management Zone 17. Resolution No. 6350

Chairperson Baker asked Mr. Neu introduce the next item. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would be make the staff presentation. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions.

Chairperson Baker asked if there were any questions of Staff. Commissioner Cardosa asked Mr. Goff to give a description of the parking structure. Mr. Goff stated the roof deck of the structure will be at grade level with El Camino Real. Chairperson Baker asked if there any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Associates, 5900 Pasteur Court Suite 100, gave a brief presentation and stated he would be available to answer any questions. Chairperson Baker asked if there were any questions of the applicant. Commissioner Whitton asked about trash, utility and electrical boxes along El Camino Real. Mr. ??? stated there will be enhanced landscaping in the area. Commissioner Dominguez asked if the top of the berm approximates the top of the building structured. Mr. ??? responded. Chairperson Baker asked if there were any further questions of the applicant.

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6350 APPROVING Special Use Permit 05-18, based on the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by .

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6350 APPROVING Special Use Permit 05-18, based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 00:03:08)

Bressi Ranch Planning Area 2 Staff Report

3.CT 06-19/PUD 06-16/CUP 06-17 - CONTINUING CARE FACILITY BRESSI RANCH - Request for a determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommendation for approval of a Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) to develop a professional care facility with 86 individual ownership condominium units, an 11-room convalescent care unit, basement parking garage, and common dining and recreation rooms on a previously graded 2.5-acre property generally located in Planning Area 15 of the Bressi Ranch Master Plan north of Paradise Road, south of Town Garden Road, east of Cottage Drive, and west of Nygaard Street in Local Facilities Management Zone 17. Resolutions No. 6270, 6271, 6272

Chairperson Baker asked Mr. Neu to introduce next item. Mr. Neu introduced Agenda Item 3 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 Baker asked if there were any questions of staff. Commissioner Whitton asked about any letters received on the project. Mr. Westman stated no letters were received in regards to this project. Commissioner Dominguez asked if the parking stalls would be adequate for the facility, and if service deliveries be unloaded in the same area or in the underground area. Mr. Westman stated Staff feels the parking is adequate and there will be underground parking would be available for guests. Mr. Westman stated deliveries would be from the underground parking area. Commissioner Cardosa asked what the approximate number of parking spaces along the street. Mr. Westman stated there would be at least along the north and south with another eight on the other side for about 20 spaces. Chairperson Baker asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Andrew Hoskinson, Hofman Planning and Associates, 5900 Pasteur Court Suite 100, gave a brief presentation and stated he would available to answer any questions.

Chairperson Baker asked if there were any questions of the applicant. Commissioner Boddy asked about the floor plans of the units. Mr. Hoskinson stated they are essentially stacked flats. Commissioner Whitton asked about usage of solar energy uses for heating the pools, etc. Mr. Hoskinson none has been contemplated at this point. Commissioner Boddy asked if there will be kitchens in each unit or if there is common dining facilities. Mr. Hoskinson stated the units will have individuals kitchens as well as the dining facilities on site. Chairperson Baker opened public testimony on the item. Harry Grove, 2681 Alameda Circle, stated his concern is the noise and parking from site. Chairperson Baker closed public testimony on the item. Mr. Westman stated the trash service is about 2 to 3 times per week and it would be from Cottage Drive as opposed to Town Garden Road which is adjacent to Mr. Grove's neighborhood. Mr. Westman further stated that there will be further review of the lighting on the site. Commissioner Dominguez stated that Condition No. 18 addresses the issue of night time lighting. Mr. Hoskinson stated it is the Fire Department's typical process to not respond with sirens.

Motion to approve that the Planning Commission adopt Planning Commission Resolutions No. 6270, 6271 and 6272 making the determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and recommending approval of Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) based on the findings and subject to the conditions contained therein. Moved by Commissioner Cardosa, seconded by .

DocumentItem type: Granicus.MeetingDocument.VoteItem DisplayName: Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6270, 6271 and 6272 making the determination that the project is within the scope of the Bressi Ranch Master Plan Environmental Impact Report previously certified on July 9, 2002 and RECOMMENDING APPROVAL of Tentative Tract Map (CT 06-19), Non-Residential Planned Development Permit (PUD 06-16), and Conditional Use Permit (CUP 06-17) based on the findings and subject to the conditions contained therein. (Approved) DocumentItemID: f963915a-feef-445c-b3af-87c05e8b6cfb

Continuing Care Facility Bressi Ranch

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