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CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

Roll Call: 7 members present, 2 members absent, 0 members excused.

APPROVAL OF MINUTES - March 17, 2010

Motion to approve APPROVAL OF MINUTES - March 17, 2010 Moved by Commissioner L'Heureux, no second required.

CONTINUED PLANNING COMMISSION PUBLIC HEARING

1. 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. 6677 and 6678

Motion to approve That the Planning Commission ADOPT Planning Commission Resolution Nos. 6677 and 6678, APPROVING a Coastal Development Permit (CDP 09-13) and Special Use Permit (SUP 09-06) 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 Resolution Nos. 6677 and 6678, APPROVING a Coastal Development Permit (CDP 09-13) and Special Use Permit (SUP 09-06) based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 01:54:18)

Staff Report

Commissioner Dominguez disclosed .... Chairperson Douglas asked if the applicant wished to continue with only 5 Commissioners present. The applicant agreed. Commissioner Nygaard asked if there is a history of the sand returning to the site during the summer. Mr. Lynch deferred the question to the applicant's engineer. Commissioner Baker asked about the amount of sand coming from the bluff. Mr. Lynch stated there is a wide variety of studies regarding the coast and the amount of sand contribution from the bluff. The 65% was based on a study from an individual. Commissioner Baker asked about an EIR. The city chose to rely on the Emergency CDP There were no changes to the project and has remained the same. Commissioner Dominguez asked how many emergency CDPs have been permitted within the City. Mr. Lynch stated it is a very small amount. He asked if there was an Em.CDP in terramar. Mr. Neu explained. Commissioner Dominguez stated there seemed to be quiet a bit of gouging in the staircase. Mr. Lynch deferred to the applicant. Chairperson Douglas acknowledged receipt of letters from Todd Cardiff, Marco Gonzalvez and James Jaffee. Dean Goetz, 5323 Carlsbad Blvd., gave a brief presentation and stated he would be available to answer any questions. Commissioner L'Heureux asked if the applicant investigated any other alternatives to a seawall. Mr. Goetz stated he hired an engineer who suggested a seawall. There are reports in the project file that state the reasons. Commissioner L'Heurex asked if benching the slope was suggested as an alternative. Mr. Goetz again stated he deferred to his engineer. Chairperson Douglas opened public testimony on the item. Todd Cardiff, 4559 Copeland Ave, San Diego, representing the Surfrider Committee, addressed whether an EIR is required or not, public access to the beach, The emergency exemption through CEQA...Mr. Cardiff submitted several letters Commissioner Nygaard asked about the loss of access to the beach and how that would. Mr. Cardiff explained passive erosion. Coral Flolander, 1931 S. Pacific St, Oceanside, spoke in favor of the project. Thomas Smith, 275 Estralita, San Marcos, stated Mr. Cardiff's objections are well taken. The problems with the property should have been addressed during the construction of the homes. He stated there are probably other alternatives to a seawall that should be studied. The City should also look at liablitiy issues. Donald Dominguez, 1288 Knowles Avenue, Carlsbad, asked why the project was allowed to get as far as it did. The property owner gained 45 feet of beach property. Tom Cook, 3357 Bancroft Street, San Diego, explained bluff erosion. Mr. Cook stated there is more danger in walking down the stairs than from a bluff failure. Chairperson Douglas asked Mr. Cook's specialty. Mr. Cook explained. Commissioner Baker asked about the percentage of sand from the bluff. Mr. Cook explained. Commissioner Nygaard asked if the bulk of the sand is from sand replenishment. Mr. Cook...Commissioner Nygaard asked about the bi annual dredging of Batiquitos Lagoon. Commissioner Dominguez asked ...Mr. Cook explained. Chairperson Douglas asked if there were any other members of the audience who wished to speak on the item. Seeing none, she asked if the applicant wished to respond to the issues raised in public testimony. John Corn, attorney representing Mr. Goetz, stated the advantages of the seawall as well as the evidence needed to require or authorize the Commission to grant the permit. Mr. Corn explained the CEQA analysis. Chairperson Douglas closed public testimony and asked Staff to respond to issues raised. Chairperson Douglas asked when the staff report was made public. Commissioner Nygaard asked about the emergency CDP. Ms. Mobaldi stated there was no opposition was filed. Mr. Neu stated there was opposition heard at the Council level when the Em. CDP was heard. Commissioner Dominguez stated Dustin Rosa did speak at the Council hearing. Commissioner Dominguez asked if any measurements of the slope after the wall was constructed. Mr. Neu read a comment into the record from Mr. Cardiff. DISCUSSION Commissioner Baker stated she has no problem approving the permit for the wall. She stated it is a very real possibility that can be seriously injured by slope failures. Commissioner Dominguez stated he has an issue with the City's track record of willy nilly walls and the lack of a comprehensive plan to handle any future requests. There needs to be monitoring of the public access. He is also concerned about using the emergency CDP route to secure a permit is wrong. Commissioner Nygaard stated she can support the project and agrees with the comments from Commissioner Baker. Commissioner L'Heureux commented there is a clash between public access to the beach and the safety of the bluff. The property owner is an untenable position and he feels the property owner is not gaining anything by the construction of the wall. He supports approval of the project. Chairperson Douglas stated she can support the project.

2. GPA 09-08/ZC 09-09/CT 04-13/PUD 04-11/HDP 04-06/HMP 09-10 - EL FUERTE VIEW - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and development of a 3.90-acre site into six (6) single-family residential lots with six single family homes, one (1) private drive aisle lot, and one (1) open space lot, on property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. Resolutions No. 6669, 6670, 6671, 6672, 6673, 6674 and 6675

Motion to continue be continued to May 5, 2010. Moved by Commissioner L'Heureux, no second required.

Vote to continue be continued to May 5, 2010. (Approved) (Recorded at 00:08:31)

Staff Report

Applicant has agreed to continuance to May 5, 2010 hearing. Commissioner Baker stated she will not be present at that meeting and stated the project should be heard at the next meeting.

PLANNING COMMISSION PUBLIC HEARING

3. GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02 - MUROYA SUBDIVISION - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and a Specific Plan Amendment; and a request for approval of a Tentative Tract Map, Condominium Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision of a 20.27-acre site into five (5) lots (two residential, two open space lots, and one private street lot) and the grading and development of 37 detached air-space condominium one-family dwelling units on property located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, and within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. Resolutions No. 6681, 6682, 6683, 6684, 6685, 6686, 6687, 6688, 6689 and 6690

Motion to approve That the Planning Commission ADOPT Planning Commission Resolution No. 6681 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6682, 6683, 6684, and 6685 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06-09), Zone Change (ZC 06-08), Specific Plan Amendment (SP 203(D)) Local Coastal Program Amendment (LCPA 06-09), and, ADOPT Planning Commission Resolutions No. 6686 6687, 6688, 6689, and 6690 APPROVING a Tentative Tract Map (CT 06-27), Condominium Permit (CP 06-19), Coastal Development Permit (CDP 06-32), Hillside Development Permit (HDP 06-10), and Habitat Management Plan Permit (HMP 07-02), based on the findings and subject to the conditions contained therein including the errata sheet dated 4-7-10 and the additional conditions including landscaping on the north side and side elevation architecture. Moved by Commissioner L'Heureux, no second required.

Vote to approve That the Planning Commission ADOPT Planning Commission Resolution No. 6681 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6682, 6683, 6684, and 6685 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06-09), Zone Change (ZC 06-08), Specific Plan Amendment (SP 203(D)) Local Coastal Program Amendment (LCPA 06-09), and, ADOPT Planning Commission Resolutions No. 6686 6687, 6688, 6689, and 6690 APPROVING a Tentative Tract Map (CT 06-27), Condominium Permit (CP 06-19), Coastal Development Permit (CDP 06-32), Hillside Development Permit (HDP 06-10), and Habitat Management Plan Permit (HMP 07-02), based on the findings and subject to the conditions contained therein including the errata sheet dated 4-7-10 and the additional conditions including landscaping on the north side and side elevation architecture. (Approved) (Recorded at 03:51:15)

Staff Report

Commissioner L'Heureux asked if there will be fencing between Lots 2 and 3. Mr. Halverson stated yes and there will be signs posted. Commissioner Dominguez asked for clarification regarding the R-1 zone and open space zone Jack Henthorn, 5927 Balfour Court, Suite 112, Carlsbad, representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Mr. Henthorn introduced April Tornillo with Taylor Morrison, 501B Street, Encinitas, who gave a brief presentation and stated she would be available to answer any questions. Commissioner Dominguez stated he was disappointed in some of the side elevations. Mr. Henthorn stated in instances where the side elevations are close to a more visible part of the site, those elevations have been enhanced. Mr. Henthorn stated he is willing to work with Staff in enhancing the elevations. Chairperson Douglas opened public testimony. Robert Huntoon, 6620 Towhee Lane, Carlsbad, stated he is concerned with the tow of the slope and the buffer zone and any damage to the canyon during construction. He is also concerned with the number of units on the site. He feels it is a violation of a negative servitude. He is stated that when he purchased his property he was told this site would remain untouched. He objects to the violation of the map act, violation of the Un?? Act, public notice. Chairperson Douglas acknowledged Commissioner Baker asked who told Mr. Huntoon the property would remain undeveloped. Mr. Huntoon stated it was Greystone. Tawni Lawrence, 1593 Corte Orchidia, stated when she bought her home she was told this site would remain as open space. There will not be any buffer between three homes and her property. She further stated she has issues with the construction times. Commissioner L'Heureux asked Staff to show a slide displaying the aerial view of the site. Jon Linker, 6630 Towhee Lane, also stated the developer of his property as well as the Aviara Master PlanAssociation stated there would not be any development on this property. He stated he has not seen a geological report regarding the project and is concerned with the stabilization of the canyon. Mr. Linker is also concerned with the wildlife of the area. The project is also inconsistent with the surrounding neighborhoods. Commissioner Baker asked about the square footage of the homes on the street. Mr. Linker stated roughly 2200 to 2800 square feet. Linda Orozco, 6670 Towhee Lane, also stated the site would remain as open as told to her by Greystone and Aviara Master Plan Association. She feels the proposed density is too dense for the area and she is concerned with the wildlife. She would like to see the open space preserved forever. Commissioner L'Heureux asked about the canyon. Ms. Orozco stated she knew the area where the homes will be built... Anna Hinman, 6664 Towhee Lane, stated she never received any notice regarding the project until the notice for this meeting was mailed. She stated she called the Planning Department prior to purchasing her home to ask about the open space and was told the site would never built on. She also feels the number of proposed homes is too many for the area and there will be increased traffic along Aviara Parkway. Ralph Williams, 1665 Docena Road, stated he is concerned with changing the zoning of the site and the consequences of that. He feels the proposed density is too high and does not support the clustering of the homes on the site. Steve Lincoln, 6638 Towhee Lane, stated he opposes the proposed zoning change and the proposed density. Joseph Mahone, 6646 Towhee Lane, commented there was a neighborhood meeting roughly 3 years ago conducted by the developer that at the time proposed single family homes. He is concerned with not only the visual pollution but the noise pollution as well. Chairperson Douglas asked the applicant to respond to the issues raised during the public testimony. Mr. Henthorn stated an endowment is required to preserve the ongoing maintenance of the canyon and the developer is responsible for creating that. It is contained in the conditions of the approval for the project. Mr. Henthorn explained the consistency of the project with the Zone 20 Specific Plan. The units will be setback 22.6 feet from the property line, the units will be two feet lower than the existing grade so they will be 17 feet lower. No foot traffic in the canyon. Fence will meet the wildlife standards. Commissioner Dominguez asked about the landscaping on the north perimeter of the site. Mr. Henthorn stated it will be a combination of shrubs and trees but not to block the view of the adjoining homeowners. Commissioner Dominguez stated it would be nice to have a landscape border along that edge. Mr. Neu explained the landscaping plan. Commissioner Nygaard stated the concern is how the landscaping narrows from east to west at that particular part of the site. Mr. Henthorn stated he is willing to work with Staff to create something with a softer edge. Mr. Henthorn stated the project started 4 years, with a property owner meeting in 2006. The reason for the delay was due to the Planned Development Ordinance revisions. Last year the project was restarted and another neighborhood meeting was held. Commissioner Nygaard asked about the geological study. Mr. Henthorn responded. Commissioner Nygaard asked about the trail system within the proposed project and if it is connected with the Citywide trail system. Mr. Henthorn stated it is a private trail system. Chairperson Douglas stated this project was not owned by Greystone or the Aviara Master Plan Association. Mr. Henthorn stated that was correct. Commissioner Dominguez asked about property taxes. Mr. Henthorn stated since 1973. Chairperson Douglas closed public testimony. Mr. Neu clarified the General Plan establishes density. Site was low to medium density. with the adoption of the HMP and to take the density on the site to move it. Zoning for Zone 20 was LC and remained in agriculture. The proposed zoning matches the general plan and the HMP. There is not additional dwelling units on the site instead it is being clustered on the courtyard access. Commissioner Baker asked about the condition of Blackrail Road. Mr. Wickham stated that the development along the road has been piecemealed. This project is doing frontage improvements. Mr. Wickham commented on the geological report to question stability. Commissioner Nygaard asked about the grading and if it will impact the canyon. Mr. Wickham explained. Chairperson Dougas asked about the construction hours. Mr. Halverson responded. Mr. Halverson stated the buffer zone in Lot 3 is for fire purposes as well. Will not be zoned as residential.

DISCUSSION Commissioner Baker stated her support of the project. Commissioner Dominguez stated his support of the project. director to deal with landscape issues with the applicant and with architecture for the side elevations. Commissioner Nygaard also stated her support of the project. Agreed with her fellow Commissioners particularly the comments from Commissioner Dominguez. Commissioner L'Heureux stated he is concerned with the northend of the development and suggested the developer meet with the residents along there to try and accommodate their concerns. He stated his support of the project. Chairperson Douglas stated her support for the project.

Planners Institute comments. Mr. Neu reported about the Housing Element being certified from HCD, SDG&E fact sheet, and reminded the commission about the Historic Preservation for a volunteer.

Apr 07, 2010 Planning Commission Meeting

Full agenda
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CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

Roll Call: 7 members present, 2 members absent, 0 members excused.

APPROVAL OF MINUTES - March 17, 2010

Motion to approve APPROVAL OF MINUTES - March 17, 2010 Moved by Commissioner L'Heureux, no second required.

CONTINUED PLANNING COMMISSION PUBLIC HEARING

1. 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. 6677 and 6678

Motion to approve That the Planning Commission ADOPT Planning Commission Resolution Nos. 6677 and 6678, APPROVING a Coastal Development Permit (CDP 09-13) and Special Use Permit (SUP 09-06) 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 Resolution Nos. 6677 and 6678, APPROVING a Coastal Development Permit (CDP 09-13) and Special Use Permit (SUP 09-06) based on the findings and subject to the conditions contained therein. (Approved) (Recorded at 01:54:18)

Staff Report

Commissioner Dominguez disclosed .... Chairperson Douglas asked if the applicant wished to continue with only 5 Commissioners present. The applicant agreed. Commissioner Nygaard asked if there is a history of the sand returning to the site during the summer. Mr. Lynch deferred the question to the applicant's engineer. Commissioner Baker asked about the amount of sand coming from the bluff. Mr. Lynch stated there is a wide variety of studies regarding the coast and the amount of sand contribution from the bluff. The 65% was based on a study from an individual. Commissioner Baker asked about an EIR. The city chose to rely on the Emergency CDP There were no changes to the project and has remained the same. Commissioner Dominguez asked how many emergency CDPs have been permitted within the City. Mr. Lynch stated it is a very small amount. He asked if there was an Em.CDP in terramar. Mr. Neu explained. Commissioner Dominguez stated there seemed to be quiet a bit of gouging in the staircase. Mr. Lynch deferred to the applicant. Chairperson Douglas acknowledged receipt of letters from Todd Cardiff, Marco Gonzalvez and James Jaffee. Dean Goetz, 5323 Carlsbad Blvd., gave a brief presentation and stated he would be available to answer any questions. Commissioner L'Heureux asked if the applicant investigated any other alternatives to a seawall. Mr. Goetz stated he hired an engineer who suggested a seawall. There are reports in the project file that state the reasons. Commissioner L'Heurex asked if benching the slope was suggested as an alternative. Mr. Goetz again stated he deferred to his engineer. Chairperson Douglas opened public testimony on the item. Todd Cardiff, 4559 Copeland Ave, San Diego, representing the Surfrider Committee, addressed whether an EIR is required or not, public access to the beach, The emergency exemption through CEQA...Mr. Cardiff submitted several letters Commissioner Nygaard asked about the loss of access to the beach and how that would. Mr. Cardiff explained passive erosion. Coral Flolander, 1931 S. Pacific St, Oceanside, spoke in favor of the project. Thomas Smith, 275 Estralita, San Marcos, stated Mr. Cardiff's objections are well taken. The problems with the property should have been addressed during the construction of the homes. He stated there are probably other alternatives to a seawall that should be studied. The City should also look at liablitiy issues. Donald Dominguez, 1288 Knowles Avenue, Carlsbad, asked why the project was allowed to get as far as it did. The property owner gained 45 feet of beach property. Tom Cook, 3357 Bancroft Street, San Diego, explained bluff erosion. Mr. Cook stated there is more danger in walking down the stairs than from a bluff failure. Chairperson Douglas asked Mr. Cook's specialty. Mr. Cook explained. Commissioner Baker asked about the percentage of sand from the bluff. Mr. Cook explained. Commissioner Nygaard asked if the bulk of the sand is from sand replenishment. Mr. Cook...Commissioner Nygaard asked about the bi annual dredging of Batiquitos Lagoon. Commissioner Dominguez asked ...Mr. Cook explained. Chairperson Douglas asked if there were any other members of the audience who wished to speak on the item. Seeing none, she asked if the applicant wished to respond to the issues raised in public testimony. John Corn, attorney representing Mr. Goetz, stated the advantages of the seawall as well as the evidence needed to require or authorize the Commission to grant the permit. Mr. Corn explained the CEQA analysis. Chairperson Douglas closed public testimony and asked Staff to respond to issues raised. Chairperson Douglas asked when the staff report was made public. Commissioner Nygaard asked about the emergency CDP. Ms. Mobaldi stated there was no opposition was filed. Mr. Neu stated there was opposition heard at the Council level when the Em. CDP was heard. Commissioner Dominguez stated Dustin Rosa did speak at the Council hearing. Commissioner Dominguez asked if any measurements of the slope after the wall was constructed. Mr. Neu read a comment into the record from Mr. Cardiff. DISCUSSION Commissioner Baker stated she has no problem approving the permit for the wall. She stated it is a very real possibility that can be seriously injured by slope failures. Commissioner Dominguez stated he has an issue with the City's track record of willy nilly walls and the lack of a comprehensive plan to handle any future requests. There needs to be monitoring of the public access. He is also concerned about using the emergency CDP route to secure a permit is wrong. Commissioner Nygaard stated she can support the project and agrees with the comments from Commissioner Baker. Commissioner L'Heureux commented there is a clash between public access to the beach and the safety of the bluff. The property owner is an untenable position and he feels the property owner is not gaining anything by the construction of the wall. He supports approval of the project. Chairperson Douglas stated she can support the project.

2. GPA 09-08/ZC 09-09/CT 04-13/PUD 04-11/HDP 04-06/HMP 09-10 - EL FUERTE VIEW - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Planned Development Permit, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and development of a 3.90-acre site into six (6) single-family residential lots with six single family homes, one (1) private drive aisle lot, and one (1) open space lot, on property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. Resolutions No. 6669, 6670, 6671, 6672, 6673, 6674 and 6675

Motion to continue be continued to May 5, 2010. Moved by Commissioner L'Heureux, no second required.

Vote to continue be continued to May 5, 2010. (Approved) (Recorded at 00:08:31)

Staff Report

Applicant has agreed to continuance to May 5, 2010 hearing. Commissioner Baker stated she will not be present at that meeting and stated the project should be heard at the next meeting.

PLANNING COMMISSION PUBLIC HEARING

3. GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02 - MUROYA SUBDIVISION - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and a Specific Plan Amendment; and a request for approval of a Tentative Tract Map, Condominium Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision of a 20.27-acre site into five (5) lots (two residential, two open space lots, and one private street lot) and the grading and development of 37 detached air-space condominium one-family dwelling units on property located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, and within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. Resolutions No. 6681, 6682, 6683, 6684, 6685, 6686, 6687, 6688, 6689 and 6690

Motion to approve That the Planning Commission ADOPT Planning Commission Resolution No. 6681 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6682, 6683, 6684, and 6685 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06-09), Zone Change (ZC 06-08), Specific Plan Amendment (SP 203(D)) Local Coastal Program Amendment (LCPA 06-09), and, ADOPT Planning Commission Resolutions No. 6686 6687, 6688, 6689, and 6690 APPROVING a Tentative Tract Map (CT 06-27), Condominium Permit (CP 06-19), Coastal Development Permit (CDP 06-32), Hillside Development Permit (HDP 06-10), and Habitat Management Plan Permit (HMP 07-02), based on the findings and subject to the conditions contained therein including the errata sheet dated 4-7-10 and the additional conditions including landscaping on the north side and side elevation architecture. Moved by Commissioner L'Heureux, no second required.

Vote to approve That the Planning Commission ADOPT Planning Commission Resolution No. 6681 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6682, 6683, 6684, and 6685 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06-09), Zone Change (ZC 06-08), Specific Plan Amendment (SP 203(D)) Local Coastal Program Amendment (LCPA 06-09), and, ADOPT Planning Commission Resolutions No. 6686 6687, 6688, 6689, and 6690 APPROVING a Tentative Tract Map (CT 06-27), Condominium Permit (CP 06-19), Coastal Development Permit (CDP 06-32), Hillside Development Permit (HDP 06-10), and Habitat Management Plan Permit (HMP 07-02), based on the findings and subject to the conditions contained therein including the errata sheet dated 4-7-10 and the additional conditions including landscaping on the north side and side elevation architecture. (Approved) (Recorded at 03:51:15)

Staff Report

Commissioner L'Heureux asked if there will be fencing between Lots 2 and 3. Mr. Halverson stated yes and there will be signs posted. Commissioner Dominguez asked for clarification regarding the R-1 zone and open space zone Jack Henthorn, 5927 Balfour Court, Suite 112, Carlsbad, representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Mr. Henthorn introduced April Tornillo with Taylor Morrison, 501B Street, Encinitas, who gave a brief presentation and stated she would be available to answer any questions. Commissioner Dominguez stated he was disappointed in some of the side elevations. Mr. Henthorn stated in instances where the side elevations are close to a more visible part of the site, those elevations have been enhanced. Mr. Henthorn stated he is willing to work with Staff in enhancing the elevations. Chairperson Douglas opened public testimony. Robert Huntoon, 6620 Towhee Lane, Carlsbad, stated he is concerned with the tow of the slope and the buffer zone and any damage to the canyon during construction. He is also concerned with the number of units on the site. He feels it is a violation of a negative servitude. He is stated that when he purchased his property he was told this site would remain untouched. He objects to the violation of the map act, violation of the Un?? Act, public notice. Chairperson Douglas acknowledged Commissioner Baker asked who told Mr. Huntoon the property would remain undeveloped. Mr. Huntoon stated it was Greystone. Tawni Lawrence, 1593 Corte Orchidia, stated when she bought her home she was told this site would remain as open space. There will not be any buffer between three homes and her property. She further stated she has issues with the construction times. Commissioner L'Heureux asked Staff to show a slide displaying the aerial view of the site. Jon Linker, 6630 Towhee Lane, also stated the developer of his property as well as the Aviara Master PlanAssociation stated there would not be any development on this property. He stated he has not seen a geological report regarding the project and is concerned with the stabilization of the canyon. Mr. Linker is also concerned with the wildlife of the area. The project is also inconsistent with the surrounding neighborhoods. Commissioner Baker asked about the square footage of the homes on the street. Mr. Linker stated roughly 2200 to 2800 square feet. Linda Orozco, 6670 Towhee Lane, also stated the site would remain as open as told to her by Greystone and Aviara Master Plan Association. She feels the proposed density is too dense for the area and she is concerned with the wildlife. She would like to see the open space preserved forever. Commissioner L'Heureux asked about the canyon. Ms. Orozco stated she knew the area where the homes will be built... Anna Hinman, 6664 Towhee Lane, stated she never received any notice regarding the project until the notice for this meeting was mailed. She stated she called the Planning Department prior to purchasing her home to ask about the open space and was told the site would never built on. She also feels the number of proposed homes is too many for the area and there will be increased traffic along Aviara Parkway. Ralph Williams, 1665 Docena Road, stated he is concerned with changing the zoning of the site and the consequences of that. He feels the proposed density is too high and does not support the clustering of the homes on the site. Steve Lincoln, 6638 Towhee Lane, stated he opposes the proposed zoning change and the proposed density. Joseph Mahone, 6646 Towhee Lane, commented there was a neighborhood meeting roughly 3 years ago conducted by the developer that at the time proposed single family homes. He is concerned with not only the visual pollution but the noise pollution as well. Chairperson Douglas asked the applicant to respond to the issues raised during the public testimony. Mr. Henthorn stated an endowment is required to preserve the ongoing maintenance of the canyon and the developer is responsible for creating that. It is contained in the conditions of the approval for the project. Mr. Henthorn explained the consistency of the project with the Zone 20 Specific Plan. The units will be setback 22.6 feet from the property line, the units will be two feet lower than the existing grade so they will be 17 feet lower. No foot traffic in the canyon. Fence will meet the wildlife standards. Commissioner Dominguez asked about the landscaping on the north perimeter of the site. Mr. Henthorn stated it will be a combination of shrubs and trees but not to block the view of the adjoining homeowners. Commissioner Dominguez stated it would be nice to have a landscape border along that edge. Mr. Neu explained the landscaping plan. Commissioner Nygaard stated the concern is how the landscaping narrows from east to west at that particular part of the site. Mr. Henthorn stated he is willing to work with Staff to create something with a softer edge. Mr. Henthorn stated the project started 4 years, with a property owner meeting in 2006. The reason for the delay was due to the Planned Development Ordinance revisions. Last year the project was restarted and another neighborhood meeting was held. Commissioner Nygaard asked about the geological study. Mr. Henthorn responded. Commissioner Nygaard asked about the trail system within the proposed project and if it is connected with the Citywide trail system. Mr. Henthorn stated it is a private trail system. Chairperson Douglas stated this project was not owned by Greystone or the Aviara Master Plan Association. Mr. Henthorn stated that was correct. Commissioner Dominguez asked about property taxes. Mr. Henthorn stated since 1973. Chairperson Douglas closed public testimony. Mr. Neu clarified the General Plan establishes density. Site was low to medium density. with the adoption of the HMP and to take the density on the site to move it. Zoning for Zone 20 was LC and remained in agriculture. The proposed zoning matches the general plan and the HMP. There is not additional dwelling units on the site instead it is being clustered on the courtyard access. Commissioner Baker asked about the condition of Blackrail Road. Mr. Wickham stated that the development along the road has been piecemealed. This project is doing frontage improvements. Mr. Wickham commented on the geological report to question stability. Commissioner Nygaard asked about the grading and if it will impact the canyon. Mr. Wickham explained. Chairperson Dougas asked about the construction hours. Mr. Halverson responded. Mr. Halverson stated the buffer zone in Lot 3 is for fire purposes as well. Will not be zoned as residential.

DISCUSSION Commissioner Baker stated her support of the project. Commissioner Dominguez stated his support of the project. director to deal with landscape issues with the applicant and with architecture for the side elevations. Commissioner Nygaard also stated her support of the project. Agreed with her fellow Commissioners particularly the comments from Commissioner Dominguez. Commissioner L'Heureux stated he is concerned with the northend of the development and suggested the developer meet with the residents along there to try and accommodate their concerns. He stated his support of the project. Chairperson Douglas stated her support for the project.

Planners Institute comments. Mr. Neu reported about the Housing Element being certified from HCD, SDG&E fact sheet, and reminded the commission about the Historic Preservation for a volunteer.

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