Video index

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

Roll call (9 Present, 0 Absent, 0 Excused)

APPROVAL OF MINUTES - February 3, 2010

Motion to approve to approve the PC Minutes from February 3, 2010. Moved by Commissioner L'Heureux, no second required.

Vote to approve to approve the PC Minutes from February 3, 2010. (Approved) (Recorded at 00:03:24)

PLANNING COMMISSION PUBLIC HEARING

1. ROI 09-01 - RANCHO CARLSBAD OPTION PARCEL - A Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment and Zone Change to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. The General Plan Amendment (GPA) would change the existing General Plan Land Use designation on the property site from Residential Low Medium (RLM) to Open Space (OS), and a Zone Change (ZC) would change the existing zoning designation from Residential Mobile Home Park (RMHP) to Open Space (OS). The property is generally located north of Rancho Carlsbad Estates and Calavera Creek, south of Cannon Road, east of Robertson Ranch PA 20, and west of Robertson Ranch PA 23F in Local Facilities Management Zone 14. Resolutions No. 6679

Rancho Carlsbad Option Parcel Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6679 APPROVING a Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. Moved by Commissioner L'Heureux, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6679 APPROVING a Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. (Approved) (Recorded at 00:36:05)

Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. No questions of staff or of applicant. Opened public testimony on the item. Chairperosn Douglas acknowledged receipt of a letter from the home owner's association of Rancho Carlsbad. Sue Loftin requested that the zoning not be changed. She stated a grant deed already covers the property and there are tax implications in regards to the project. Commissioner Baker stated she is confused regarding the tax issue and asked for clarification from Ms. Loftin. As a condominium area, the common areas are not taxed. An open space designation it would become a separate from the plan. Commissioner Baker would like the item continued for further clarification. Ms. Mobaldi stated there would be a reassessment with a change of ownership. She suggested that Ms. Loftin contact the County Assessor's Office to get documentation regarding the tax issue. Commissioner L'Heureux asked for a copy of the proposed deed. He further stated he is concerned with the comment of Ms. Loftin to build solar collectors on the site. Commissioner L'Heureux asked if a solar farm were proposed for that site would it come before the Planning Commission or Council. Mr. Neu stated that it might be a building permit. Commissioner L'Heureux asked if the site were zoned as open space would a solar farm be allowed. Mr. Neu stated there is some discretion. Commissioner Nygaard stated the open space regulations should be looked at to add solar farm type sites because that is what the future is. Commissioner Schumacher asked if the proposal to add this parcel into the mobile home park is to avoid paying property taxes. Commissioner Baker asked if the property was purchased by the mobile park. Commissioner Montgomery Commissioner L'Heureux asked for the additional taxes amount. Ms. Loftin stated 1.2 million. Barbara Bevis, 3430 Don Alberto, president of HOA for Rancho Carlsbad, stated... Public testimony closed. Mr. Fisher stated the lot size is 5,7 acres. 2.21 acres was annexed leaving 3.49 acres. Mr. Neu stated in reviewing the project, Staff reviewed the Robertson Ranch Master Plan. Commissioner Dominguez asked Ms. Mobaldi about any designated uses for the property would constitute an improvement. She further stated this project would need to go before the City Council. Commissioner Montgomery stated to discuss the viability of amending the condo plan. Mr. Neu clarified the action tonight is to recommend to the Council to direct staff to do further review. DISCUSSION Commissioner Montgomery would be in favor of moving forward with the project. Commissioner Schumacher agreed. Commissioner Baker also agreed. Commissioner Dominguez agreed with his fellow Commissioners. Commissioner Nygarard also agreed. Commissioner L'Heureux also agreed.

2. CUP 09-04 - SQUIRES DAM COMMUNICATION SITE - Request for approval of a Conditional Use Permit to allow the approval of a Wireless Communication Facility consisting of seven (7) digital dish antennas, three (3) omni-directional antennas, and 24 panel antennas located on a 150 foot tall lattice tower north of Squires Dam in the OS (Open Space) Zone and in Local Facilities Management Zone 15. Resolutions No. 6572

Squires Dam Communication Site Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6572 as amended by the errata sheet dated 3/1/10 and including additional conditions regarding landscaping, noise attentuation, and safety, APPROVING CUP 09-04 for a period of ten (10) years (from March 3, 2010 to March 2, 2020), based upon the findings and subject to the conditions contained therein Moved by Commissioner L'Heureux, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6572 as amended by the errata sheet dated 3/1/10 and including additional conditions regarding landscaping, noise attentuation, and safety, APPROVING CUP 09-04 for a period of ten (10) years (from March 3, 2010 to March 2, 2020), based upon the findings and subject to the conditions contained therein (Approved) (Recorded at 01:26:03)

No questions of staff. John Bitterly, project rep from Verizon Wireless, gave a brief presentation and stated he would be available to answer any questions. Commissioner Baker asked when the tower was first constructed. 1987. Homes were built Commissioner L'Heureux asked what happens if the cell tower goes away. Mr. Bitterly explained. Impacts on 911 and public safety? Mr. Bitterly stated it would be significantly impacted. Commissioner L'Heureux stated the CUP expired 6 years ago. Why did it take 6 years. Mr. Bitterly stated that it is no part of arrogance on the part of the carrier. He explained the systems in place so this would not happen again. An amendment would be required for more antennas. Commissioner Dominguez asked for Mr. Bitterly to elaborate on the attractive nuisance of this site. The site has a chain link fence around it and it is on the property of Carlsbad Water District. A motion light could be added for extra security. No complaints or issues. Commissioner Nygaard asked Mr. Neu what year the homes were built. Ms. Sexton stated the original staff report... Commissioner Schumacher asked about the noise from the tower during the day and the night. The emergency stand by generator is remotely tested once a month and is covered with a sound shroud. The second source of sound is the air conditioning units which are placed on the west side of the tower, away from the homes. Commissioner Schumacher asked when the testing is done. During business hours during the work days. Commissioner Schumacher asked what has changed from the original approval. The small water tank and the emergency generator.

Letters from Ron Kemp, Open public testimony. Gary DeBora, 2081 Sequoia Crest, Vista, asked about the temperature for the air conditioning units. He further stated the homes were built in 1988. The site is not very secure. He stated he is concerned with the height of the tower. He suggested mono-pines, etc. The noise is audible every night. Commissioner L'Heureux asked about the noise from the site. Mr. DeBora stated he thought it was from the generator. Ron Tellez, 2035 Whitebirch Drive, Vista, stated his house was finished construction in August 1988. He stated he does have a petition from the adjacent home owners. He suggested to hide the tower or to move the tower. He stated the noise is continuous. Commissioner L'Heureux asked where the noise is coming from. He stated it is similar to the sound from high power lines. Commissioner L'Heureux asked for a suggestion to help with the aesthetics of the site. Mr. Tellez stated a mono-tree would be sufficient or something to mask the tower would be an improvement. Gary Garrettson, 2734 Whitebirch Drive, Vista, stated he is concerned with the aesthetics as well as the safety of the site. Commissioner L'Heureux asked.... Mr. Bitterly stated noise and public safety issue are the main issues with the site. Commissioner Schumacher stated there is the concern with the aesthetics of the site. Commissioner L'Heureux stated he would like to see something that gives him the confidence which supports the statement that nothing can be done aesthetically; he would like noise reports; a real issue on safety. Commissioner Nygaard added that a look at landscaping would be beneficial. Commissioner Dominguez stated there has to be some advancement in technology. Commissioner L'Heureux asked if the CUP has to be for 10 years or if it can be shorter so if technology improves in the mean time, the site can be updated. Ms. Mobaldi stated that by law a permit has to be for 10 years. The FCC has the sole discretion for the emissions for these sites. Chairperson Douglas closed public testimony. Ms. Sexton stated that Verizon did have a noise study on July 26, 2009, which was perfomed by Helix. At the property line it was 50 dba, exterior noise level cannot exceed 60 dba. Mr. Neu stated that in regards to aesthetic issue. 40 feet in height for a mono-pine. Staff can look at other alternatives. Commissioner Baker commented that trees or shrubs could help alleviate some of the aesthetics. DISCUSSION Commissioner Montgomery suggested the item be continued due to the issues raised during the hearing. Commissioner Schumacher agreed. Commissioner Baker agreed. There are safety issues, and minor housekeeping items. Approve it conditional upon the Planning Director approval. Commissioner Dominguez would like to see a full safety plan and full landscape plan to soften the base of the facility and to improve aesthetic improvement. Commissioner Nygaard stated her concurrence with Commissioner Baker. Commissioner L'Heureux asked if Staff has sufficient direction. Mr. Neu stated he feels there is enough direction. He would coordinate with the police department in regards to the safety issues. Landscaping to improve the site. Commissioner Dominguez stated the 54 dba on a consistent basis is very disturbing. Commissioner Schumacher stated it would be good for the applicant to work with the neighbors in regards to the improvements. Commissioner Nygaard stated trees could help soften the noise.

3. CT 09-04/CDP 09-15 - LANIKAI LANE - Request for a recommendation of approval of a Tentative Tract Map and Coastal Development Permit to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane within the Mello II segment of the Local Coastal Program and within Local Facilities Management Zone 22. Resolutions No. 6666, 6667

Lanikai Lane Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6666 and 6667 subject to the cRECOMMENDING APPROVAL of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15) based on the findings and subject to the conditions contained therein. Moved by Commissioner L'Heureux, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6666 and 6667 subject to the cRECOMMENDING APPROVAL of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15) based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 02:36:51)

Commissioner Montgomery left the dais at 7:33. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Acknowledged letter from Mr. Close (?) No questions of staff. Richard Close, from Gilchrist and Rutter, representing the applicant, gave a brief presentation and introduced Suzy Forbath, also from Gilchrist and Rutter, who gave a brief presentation and stated she would be available to answer any questions. Commissioner L'Heureux asked if the right to buy the land is in perpetuity. Ms. Forbath stated it is a requirement to buy the land. The incoming buyer must purchase both the land and home; the seller has to sell the land. Mr. Close and Ms. Forbath explained the loan process and funding process. Commissioner Baker asked if a low-income buyer; how is price set for market rate sales; do the current residents have any protection against closure. Commissioner L'Heureux stated .... Commissioner Schumacher asked about design guidelines in regards what can be done within the park. Mr. Close explained. Commissioner Schumacher asked if it is age restricted. No. Commissioner L'Heureux asked any of the older homes can be removed or updated. There are no requirements under the conversion. Commissioner Nygaard asked if rent is held for a maximum of 3 years. Commissioner Dominguez asked about inspections. Tax assessments during conversion.

opened public testimony. Austin Lynas, 6550 Ponto Drive, president of the Lanikai Lane HOA and resident of Lanikai Lane, read a letter into the record. Commissioner L'Heureux stated he is unclear as to what Mr. Lynas is asking. Mr. Lynas stated the residents are in support of the project and simply wanted to bring their issues up to the Commission. John Rodrigue, 807 Valceraido Drive, Encinitas, stated the resident group has been working on this project for quite some time. He asked the Commission to support the project. Commissioner Dominguez asked about the issue of displacement during the interim periods. Mr. Rodrigue stated that is top-priority for the residents. Commissioner Dominguez stated he is concerned about .... Commissioner Nygaard asked about blended financing. Mr. Rodrigue explained. Chairperson Douglas asked what the population is for the park. Mr. Rodrigue does not know.

closed public testimony. DISCUSSION Commissioner Schumacher stated all his concerns have been answered. If the residents want it who is he to say. Commissioner Baker stated she is not concerned with the project but her only concern is that it would be virtually impossible for it to be anything other than a mobile home park. Commissioner Dominguez agrees with Commissioner Schumacher. Commissioner Nygaard thinks it is a great idea. Commissioner L'Heureux stated he agrees and sees it as a real benefit for the city. Chairperson Douglas stated she supports the project.

4. CDP 09-13/SUP 09-05 - GOETZ SEAWALL - A post Emergency Coastal Development Permit approval for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd located on the west side of Carlsbad Blvd and northerly of Cerezo Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 3. Resolutions No. 6676, 6677, 6678

Goetz Seawall Staff Report

Motion to continue that the Planning Commission continue to a date uncertain. Moved by Commissioner L'Heureux, no second required.

Vote to continue that the Planning Commission continue to a date uncertain. (Approved) (Recorded at 00:06:38)

Mar 03, 2010 Planning Commission Meeting

Full agenda
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CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

Roll call (9 Present, 0 Absent, 0 Excused)

APPROVAL OF MINUTES - February 3, 2010

Motion to approve to approve the PC Minutes from February 3, 2010. Moved by Commissioner L'Heureux, no second required.

Vote to approve to approve the PC Minutes from February 3, 2010. (Approved) (Recorded at 00:03:24)

PLANNING COMMISSION PUBLIC HEARING

1. ROI 09-01 - RANCHO CARLSBAD OPTION PARCEL - A Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment and Zone Change to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. The General Plan Amendment (GPA) would change the existing General Plan Land Use designation on the property site from Residential Low Medium (RLM) to Open Space (OS), and a Zone Change (ZC) would change the existing zoning designation from Residential Mobile Home Park (RMHP) to Open Space (OS). The property is generally located north of Rancho Carlsbad Estates and Calavera Creek, south of Cannon Road, east of Robertson Ranch PA 20, and west of Robertson Ranch PA 23F in Local Facilities Management Zone 14. Resolutions No. 6679

Rancho Carlsbad Option Parcel Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6679 APPROVING a Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. Moved by Commissioner L'Heureux, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6679 APPROVING a Resolution of Intention recommending that the City Council direct the Planning Director to consider a General Plan Amendment (from RLM to Open Space) and Zone Change (from RMHP to Open Space) to the 3.49 acre remainder parcel of CT 09-01, known as the Rancho Carlsbad Option Parcel. (Approved) (Recorded at 00:36:05)

Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. No questions of staff or of applicant. Opened public testimony on the item. Chairperosn Douglas acknowledged receipt of a letter from the home owner's association of Rancho Carlsbad. Sue Loftin requested that the zoning not be changed. She stated a grant deed already covers the property and there are tax implications in regards to the project. Commissioner Baker stated she is confused regarding the tax issue and asked for clarification from Ms. Loftin. As a condominium area, the common areas are not taxed. An open space designation it would become a separate from the plan. Commissioner Baker would like the item continued for further clarification. Ms. Mobaldi stated there would be a reassessment with a change of ownership. She suggested that Ms. Loftin contact the County Assessor's Office to get documentation regarding the tax issue. Commissioner L'Heureux asked for a copy of the proposed deed. He further stated he is concerned with the comment of Ms. Loftin to build solar collectors on the site. Commissioner L'Heureux asked if a solar farm were proposed for that site would it come before the Planning Commission or Council. Mr. Neu stated that it might be a building permit. Commissioner L'Heureux asked if the site were zoned as open space would a solar farm be allowed. Mr. Neu stated there is some discretion. Commissioner Nygaard stated the open space regulations should be looked at to add solar farm type sites because that is what the future is. Commissioner Schumacher asked if the proposal to add this parcel into the mobile home park is to avoid paying property taxes. Commissioner Baker asked if the property was purchased by the mobile park. Commissioner Montgomery Commissioner L'Heureux asked for the additional taxes amount. Ms. Loftin stated 1.2 million. Barbara Bevis, 3430 Don Alberto, president of HOA for Rancho Carlsbad, stated... Public testimony closed. Mr. Fisher stated the lot size is 5,7 acres. 2.21 acres was annexed leaving 3.49 acres. Mr. Neu stated in reviewing the project, Staff reviewed the Robertson Ranch Master Plan. Commissioner Dominguez asked Ms. Mobaldi about any designated uses for the property would constitute an improvement. She further stated this project would need to go before the City Council. Commissioner Montgomery stated to discuss the viability of amending the condo plan. Mr. Neu clarified the action tonight is to recommend to the Council to direct staff to do further review. DISCUSSION Commissioner Montgomery would be in favor of moving forward with the project. Commissioner Schumacher agreed. Commissioner Baker also agreed. Commissioner Dominguez agreed with his fellow Commissioners. Commissioner Nygarard also agreed. Commissioner L'Heureux also agreed.

2. CUP 09-04 - SQUIRES DAM COMMUNICATION SITE - Request for approval of a Conditional Use Permit to allow the approval of a Wireless Communication Facility consisting of seven (7) digital dish antennas, three (3) omni-directional antennas, and 24 panel antennas located on a 150 foot tall lattice tower north of Squires Dam in the OS (Open Space) Zone and in Local Facilities Management Zone 15. Resolutions No. 6572

Squires Dam Communication Site Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6572 as amended by the errata sheet dated 3/1/10 and including additional conditions regarding landscaping, noise attentuation, and safety, APPROVING CUP 09-04 for a period of ten (10) years (from March 3, 2010 to March 2, 2020), based upon the findings and subject to the conditions contained therein Moved by Commissioner L'Heureux, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolution No. 6572 as amended by the errata sheet dated 3/1/10 and including additional conditions regarding landscaping, noise attentuation, and safety, APPROVING CUP 09-04 for a period of ten (10) years (from March 3, 2010 to March 2, 2020), based upon the findings and subject to the conditions contained therein (Approved) (Recorded at 01:26:03)

No questions of staff. John Bitterly, project rep from Verizon Wireless, gave a brief presentation and stated he would be available to answer any questions. Commissioner Baker asked when the tower was first constructed. 1987. Homes were built Commissioner L'Heureux asked what happens if the cell tower goes away. Mr. Bitterly explained. Impacts on 911 and public safety? Mr. Bitterly stated it would be significantly impacted. Commissioner L'Heureux stated the CUP expired 6 years ago. Why did it take 6 years. Mr. Bitterly stated that it is no part of arrogance on the part of the carrier. He explained the systems in place so this would not happen again. An amendment would be required for more antennas. Commissioner Dominguez asked for Mr. Bitterly to elaborate on the attractive nuisance of this site. The site has a chain link fence around it and it is on the property of Carlsbad Water District. A motion light could be added for extra security. No complaints or issues. Commissioner Nygaard asked Mr. Neu what year the homes were built. Ms. Sexton stated the original staff report... Commissioner Schumacher asked about the noise from the tower during the day and the night. The emergency stand by generator is remotely tested once a month and is covered with a sound shroud. The second source of sound is the air conditioning units which are placed on the west side of the tower, away from the homes. Commissioner Schumacher asked when the testing is done. During business hours during the work days. Commissioner Schumacher asked what has changed from the original approval. The small water tank and the emergency generator.

Letters from Ron Kemp, Open public testimony. Gary DeBora, 2081 Sequoia Crest, Vista, asked about the temperature for the air conditioning units. He further stated the homes were built in 1988. The site is not very secure. He stated he is concerned with the height of the tower. He suggested mono-pines, etc. The noise is audible every night. Commissioner L'Heureux asked about the noise from the site. Mr. DeBora stated he thought it was from the generator. Ron Tellez, 2035 Whitebirch Drive, Vista, stated his house was finished construction in August 1988. He stated he does have a petition from the adjacent home owners. He suggested to hide the tower or to move the tower. He stated the noise is continuous. Commissioner L'Heureux asked where the noise is coming from. He stated it is similar to the sound from high power lines. Commissioner L'Heureux asked for a suggestion to help with the aesthetics of the site. Mr. Tellez stated a mono-tree would be sufficient or something to mask the tower would be an improvement. Gary Garrettson, 2734 Whitebirch Drive, Vista, stated he is concerned with the aesthetics as well as the safety of the site. Commissioner L'Heureux asked.... Mr. Bitterly stated noise and public safety issue are the main issues with the site. Commissioner Schumacher stated there is the concern with the aesthetics of the site. Commissioner L'Heureux stated he would like to see something that gives him the confidence which supports the statement that nothing can be done aesthetically; he would like noise reports; a real issue on safety. Commissioner Nygaard added that a look at landscaping would be beneficial. Commissioner Dominguez stated there has to be some advancement in technology. Commissioner L'Heureux asked if the CUP has to be for 10 years or if it can be shorter so if technology improves in the mean time, the site can be updated. Ms. Mobaldi stated that by law a permit has to be for 10 years. The FCC has the sole discretion for the emissions for these sites. Chairperson Douglas closed public testimony. Ms. Sexton stated that Verizon did have a noise study on July 26, 2009, which was perfomed by Helix. At the property line it was 50 dba, exterior noise level cannot exceed 60 dba. Mr. Neu stated that in regards to aesthetic issue. 40 feet in height for a mono-pine. Staff can look at other alternatives. Commissioner Baker commented that trees or shrubs could help alleviate some of the aesthetics. DISCUSSION Commissioner Montgomery suggested the item be continued due to the issues raised during the hearing. Commissioner Schumacher agreed. Commissioner Baker agreed. There are safety issues, and minor housekeeping items. Approve it conditional upon the Planning Director approval. Commissioner Dominguez would like to see a full safety plan and full landscape plan to soften the base of the facility and to improve aesthetic improvement. Commissioner Nygaard stated her concurrence with Commissioner Baker. Commissioner L'Heureux asked if Staff has sufficient direction. Mr. Neu stated he feels there is enough direction. He would coordinate with the police department in regards to the safety issues. Landscaping to improve the site. Commissioner Dominguez stated the 54 dba on a consistent basis is very disturbing. Commissioner Schumacher stated it would be good for the applicant to work with the neighbors in regards to the improvements. Commissioner Nygaard stated trees could help soften the noise.

3. CT 09-04/CDP 09-15 - LANIKAI LANE - Request for a recommendation of approval of a Tentative Tract Map and Coastal Development Permit to subdivide an existing 14.38 acre rental mobile home park into a one lot subdivision with 146 airspace lots on property located at 6550 Ponto Drive east of Carlsbad Boulevard and south of Surfside Lane within the Mello II segment of the Local Coastal Program and within Local Facilities Management Zone 22. Resolutions No. 6666, 6667

Lanikai Lane Staff Report

Motion to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6666 and 6667 subject to the cRECOMMENDING APPROVAL of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15) based on the findings and subject to the conditions contained therein. Moved by Commissioner L'Heureux, no second required.

Vote to approve that the Planning Commission ADOPT Planning Commission Resolutions No. 6666 and 6667 subject to the cRECOMMENDING APPROVAL of a Tentative Tract Map (CT 09-04) and Coastal Development Permit (CDP 09-15) based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 02:36:51)

Commissioner Montgomery left the dais at 7:33. Mr. Westman gave a brief presentation and stated he would be available to answer any questions. Acknowledged letter from Mr. Close (?) No questions of staff. Richard Close, from Gilchrist and Rutter, representing the applicant, gave a brief presentation and introduced Suzy Forbath, also from Gilchrist and Rutter, who gave a brief presentation and stated she would be available to answer any questions. Commissioner L'Heureux asked if the right to buy the land is in perpetuity. Ms. Forbath stated it is a requirement to buy the land. The incoming buyer must purchase both the land and home; the seller has to sell the land. Mr. Close and Ms. Forbath explained the loan process and funding process. Commissioner Baker asked if a low-income buyer; how is price set for market rate sales; do the current residents have any protection against closure. Commissioner L'Heureux stated .... Commissioner Schumacher asked about design guidelines in regards what can be done within the park. Mr. Close explained. Commissioner Schumacher asked if it is age restricted. No. Commissioner L'Heureux asked any of the older homes can be removed or updated. There are no requirements under the conversion. Commissioner Nygaard asked if rent is held for a maximum of 3 years. Commissioner Dominguez asked about inspections. Tax assessments during conversion.

opened public testimony. Austin Lynas, 6550 Ponto Drive, president of the Lanikai Lane HOA and resident of Lanikai Lane, read a letter into the record. Commissioner L'Heureux stated he is unclear as to what Mr. Lynas is asking. Mr. Lynas stated the residents are in support of the project and simply wanted to bring their issues up to the Commission. John Rodrigue, 807 Valceraido Drive, Encinitas, stated the resident group has been working on this project for quite some time. He asked the Commission to support the project. Commissioner Dominguez asked about the issue of displacement during the interim periods. Mr. Rodrigue stated that is top-priority for the residents. Commissioner Dominguez stated he is concerned about .... Commissioner Nygaard asked about blended financing. Mr. Rodrigue explained. Chairperson Douglas asked what the population is for the park. Mr. Rodrigue does not know.

closed public testimony. DISCUSSION Commissioner Schumacher stated all his concerns have been answered. If the residents want it who is he to say. Commissioner Baker stated she is not concerned with the project but her only concern is that it would be virtually impossible for it to be anything other than a mobile home park. Commissioner Dominguez agrees with Commissioner Schumacher. Commissioner Nygaard thinks it is a great idea. Commissioner L'Heureux stated he agrees and sees it as a real benefit for the city. Chairperson Douglas stated she supports the project.

4. CDP 09-13/SUP 09-05 - GOETZ SEAWALL - A post Emergency Coastal Development Permit approval for the construction of a 97-foot long by 17 to 24-foot tall bluff-colored and textured seawall along the coastal bluff and below the residences located at 5323 and 5327 Carlsbad Blvd located on the west side of Carlsbad Blvd and northerly of Cerezo Drive in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 3. Resolutions No. 6676, 6677, 6678

Goetz Seawall Staff Report

Motion to continue that the Planning Commission continue to a date uncertain. Moved by Commissioner L'Heureux, no second required.

Vote to continue that the Planning Commission continue to a date uncertain. (Approved) (Recorded at 00:06:38)

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