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GOOD AFTERNOON AND WELCOME TO THE JULY 7TH, 2021 MEETING OF THE CARLSBAD

[CALL TO ORDER:]

[00:00:05]

PLANNING COMMISSION.

FOR THE RECORD, MS. FLORES, WOULD YOU TAKE ROLL? YES, COMMISSIONER LAFFERTY HERE, COMMISSIONER LUNA HERE.

COMMISSIONER KAMENJARIN STILL HERE, COMMISSIONER MEENES HERE, COMMISSIONER MERZ HERE.

COMMISSIONER SABELLICO PRESENT AND COMMISSIONER STINE, HERE.

EXCELLENT.

THANK YOU VERY MUCH.

OK, THE NEXT ITEM FOR THE AGENDA IS THE APPROVAL OF THE MINUTES OF THE JUNE 2ND.

2021 MINUTES OF THAT MEETING.

[APPROVAL OF MINUTES:]

COMMENTS BY COMMISSIONERS IN REGARD TO THOSE MINUTES? OK, SEEING NONE.

CAN I HAVE A MOTION IN REGARD TO THE APPROVAL OF THOSE MINUTES, COMMISSIONER LUNA.

MOVE APPROVAL MAY I HAVE A SECOND? I'LL SECOND THAT.

AND I BELIEVE COMMISSIONER LAFFERTY WAS NOT IN ATTENDANCE, SO SHE NEEDS TO RECUSE HERSELF.

THAT IS TRUE, OR ABSTAIN.

DO I ABSTAIN OR DO I HAVE TO RECUSE.

ABSTAIN IS FINE.

COMMISSIONER LAFFERTY NOTED ABSTENTION COMMISSIONER LUNA KAMENJARIN, YES.

COMMISSIONER MEENES, YES, COMMISSIONER MERZ, YES, COMMISSIONER SABELLICO, YES, AND COMMISSIONER STINE, YES, OK THANK YOU VERY MUCH.

OK THE NEXT ITEM IS GOING TO BE THE MINUTES OF THE JUNE 16TH 2021 ITEM ON THOSE AGENDAS.

MAY I HAVE COMMENTS, BY COMMISSIONERS, IF THERE'S ANY CHANGES OR ADDITIONS OR.

NOTHING AT ALL.

OH COMMISSIONER LAFFERTY.

HI THANK YOU.

THE DISCLOSURES FOR ON THE FIRST PAGE, COMMISSIONER LAFFERTY DISCLOSED VISITING THE SITE AND HAVING REVIEWED THE CAR COUNTRY SPECIFIC PLAN, COULD WE ADD SPECIFIC? I THINK THAT WAS WHAT I HAD SAID.

AND THAT'S THE ONLY CHANGE OR ADDITION I SHOULD SAY.

COMMISSIONER STINE.

OH, YES ON THE SECOND PAGE UNDER PLANNING COMMISSION REPORTS AND COMMENTS CONCERNING MY COMMENT, I JUST WANT TO ENHANCE THAT A LITTLE BIT.

IT SAY IT DID CORRECTLY REFERENCE THE WALL STREET JOURNAL ARTICLE THAT I TALKED ABOUT, BUT IT JUST SAYS ABOUT SUBURBAN PLANNING, [INAUDIBLE].

I'D LIKE TO BE A LITTLE MORE SPECIFIC AND CONSISTENT WITH WHAT I SAID.

INSTEAD OF SUBURBAN PLANNING, I WOULD ASK THAT YO-U INSERT THE WORDS, QUOTE, BUILT-TO- [INAUDIBLE] SUBDIVISIONS IN SUBURBAN CITIES.

THAT'S REALLY WHAT I TALKED ABOUT.

OK.

ANY FURTHER COMMENTS BY COMMISSIONERS? MAY I HAVE A MOTION FOR THE APPROVAL OF THE MINUTES OF JUNE 16TH? COMMISSIONER LAFFERTY.

I MOVE TO APPROVE SUBJECT TO THE TWO CHANGES, COMMISSIONER LAFFERTY'S AND MY CHANGES.

THAT IS CORRECT.

THANK YOU, COMMISSIONER LAFFERTY YOU AGREE? YES.

YES.

THANK YOU.

ALRIGHTY, COMMISSIONER LAFFERTY APPROVE.

COMMISSIONER LUNA ABSTAIN NOT PRESENT.

COMMISSIONER KAMENJARIN APPROVE.

COMMISSIONER MEENES, YES.

COMMISSIONER MERZ, YES.

COMMISSIONER SABELLICO, YES.

AND COMMISSIONER STINE.

YES, THANK YOU.

APPRECIATE IT.

OK, PER THE STATE OF CALIFORNIA EXECUTIVE ORDER N29-20 AND IN THE INTEREST OF PUBLIC HEALTH AND SAFETY, WERE TEMPORARY, TAKING ACTION TO PREVENT AND MITIGATE THE EFFECTS OF COVID-19 PANDEMIC BY HOLDING THE PLANNING COMMISSION MEETINGS ELECTRONICALLY, PLANNING COMMISSION MEETINGS CAN BE WATCHED VIA LIVE STREAM OR REPLAYED ON THE WEBSITE.

THE PUBLIC CAN PARTICIPATE IN THE MEETING BY EMAILING YOUR COMMENTS TO PLANNING DIVISION PRIOR TO THE COMMENCEMENT OF THE AGENDA ITEM, YOUR COMMENTS WILL BE TRANSMITTED TO THE PLANNING COMMISSION AT THE START OF THE AGENDA ITEM.

IF YOU DESIRE TO HAVE YOUR COMMENTS READ INTO THE RECORD FOR THE MEETING, PLEASE INDICATE SO BY IN YOUR FIRST LINE OF YOUR EMAIL AND LIMITED TO 500 WORDS OR LESS.

THE PROCEDURE SHALL REMAIN IN PLACE DURING THE PERIOD IN WHICH A STATE OF HEALTH OFFICIALS HAVE IMPOSED OR RECOMMENDED SOCIAL DISTANCING MEASURES.

OK IF THE PUBLIC WISHES TO COMMENT ABOUT ANY ITEM NOT LISTED ON THE AGENDA, PLEASE

[00:05:16]

EMAIL YOUR COMMENTS TO THE PLANNING DIVISION.

PRIOR TO THE COMMENCEMENT OF THE PUBLIC COMMENT PORTION OF THE AGENDA, A TOTAL OF 15 MINUTES IS PROVIDED FOR THE PUBLIC COMMENT PORTION.

COMMENTS ARE LIMITED TO THREE MINUTES EACH.

UNLESS THE CHAIR CHANGES THAT TIME CONFORMANCE WITH THE BROWN ACT, NO ACTION CAN OCCUR ON ITEMS PRESENTED DURING THE PUBLIC COMMENT, PLEASE.

PLANNING STAFF WILL READ COMMENTS AS REQUESTED MS. FLORES ARE THERE ANY COMMENTS ABOUT THE ITEMS NOT LISTED ON THE AGENDA.

MR. CHAIR THERE ARE NO EXCUSE ME, THERE ARE NO COMMENTS FOR ITEMS NOT LISTED ON THE AGENDA.

OK.

HAVE YOU HAD SUFFICIENT TIME TO ORGANIZE WHAT YOUR REQUEST WAS? YES, I THINK I'M JUST LOOKING FOR ONE MORE PERSON YOU CAN PROCEED AND I'LL FIND HIM AS WE GO ALONG.

THANK YOU, MISS FLORES.

I APPRECIATE THAT.

OK, PROCEDURES.

THE COMMISSION WILL BE AS FOLLOWS, PUBLIC HEARING WILL BE OPEN.

STAFF WILL MAKE THEIR PRESENTATION.

PLANNING COMMISSION MAY ASK CLARIFYING QUESTIONS ON THE STAFF PRESENTATION.

APPLICANTS MAKE THEIR PRESENTATIONS AND RESPONDING TO CLARIFYING QUESTIONS FROM THE COMMISSIONERS.

THEY HAVE TEN MINUTES FOR THEIR PRESENTATION.

THE PUBLIC TESTIMONY PERIOD WILL BE IN THE OPEN.

A TIME LIMIT OF THREE MINUTES IS ALLOTTED FOR EACH COMMENT RECEIVED AFTER COMMENTS THAT WERE REQUESTED BE READ INTO THE RECORD AND ARE HEARD.

THE PUBLIC TESTIMONY PERIOD WILL BE CLOSED.

THE APPLICANT AND STAFF WILL HAVE THE OPPORTUNITY TO RESPOND TO THE ISSUES OR QUESTIONS RAISED, AND THE COMMISSION WILL THEN DISCUSS THE ITEMS AND THEN VOTE.

THE PUBLIC HEARING WILL BE CLOSED.

CERTAIN PLANNING COMMISSION DECISIONS ARE FINAL, BUT MAY BE APPEALED TO THE CITY COUNCIL.

OK, IN REGARD TO THE PUBLIC HEARINGS, I'LL NOW OPEN PUBLIC HEARING NUMBER ONE.

AND BEFORE WE DO SO, EX PARTE CONVERSATIONS, COMMISSIONERS.

[1. CDP 2020-0024/SDP 2020-0002 (DEV2020-0130) – TOYOTA CARLSBAD]

COMMISSIONER LAFFERTY.

I AM FAMILIAR WITH THE SITE AND HAVE BEEN BY IT.

COMMISSIONER STINE, I'VE BEEN BY THE SITE MANY TIMES, COMMISSIONER LUNA.

I'VE BEEN BY THE SIDE MANY TIMES.

COMMISSIONER SABELLICO THE SAME COMMISSIONER MERZ, I VISITED THE SITE, I ALSO VISITED THE SITE.

OK, EXCELLENT, MR. NEU WILL YOU PRESENT THE FIRST ITEM.

THANK YOU, MR. CHAIR, AND GOOD AFTERNOON COMMISSIONERS OUR FIRST AGENDA ITEM TODAY IS A PROJECT TITLED TOYOTA CARLSBAD AND MAKING THE STAFF PRESENTATION WILL BE ESTEBAN DANNA.

GOOD AFTERNOON, MEMBERS OF THE PLANNING COMMISSION.

CAN YOU SEE MY SCREEN? YES, OK, SO THERE WE GO.

OH.

I LOST IT.

TRY IT AGAIN.

OK, SO CAN EVERYBODY SEE MY SCREEN NOW? YES.

PERFECT.

OK, SO MY NAME IS ESTEBAN DANNA I WILL BE PRESENTING THE TOYOTA CARLSBAD PROJECT.

SO THE PROPERTY IS GENERALLY LOCATED EAST OF INTERSTATE FIVE ALONG PASEO DEL NORTE AND IT IS LOCATED TO THE SOUTH OF CANYON ROAD.

THE ARROW IMAGE SHOWS THE PROPERTY, WHICH IS CURRENTLY DEVELOPED WITH THE EXISTING TOYOTA DEALERSHIP.

THIS INCLUDES FOUR EXISTING STRUCTURES THAT TOTAL APPROXIMATELY TWENTY TWO THOUSAND EIGHT HUNDRED AND FIFTY SQUARE FEET.

THE SITE IS SURROUNDED BY AUTOMOBILE DEALERSHIPS TO THE NORTH, TO THE SOUTH, EAST AND WEST.

SO THE PROJECT CONSISTS OF THE DEMOLITION AND OF THE EXISTING DEALERSHIP BUILDINGS AND THE CONSTRUCTION OF A NEW TWENTY FOUR THOUSAND THREE HUNDRED EIGHTY ONE SQUARE FOOT NEW DEALERSHIP.

THE DEALERSHIP WILL REMAIN IN OPERATION THROUGHOUT THE CONSTRUCTION PROCESS.

THE PROPOSED HEIGHT OF THE BUILDING IS THIRTY FIVE FEET TO THE TOP OF THE SHOWROOM'S ENTRY PORTAL AND THIRTY FEET TO THE TOP OF THE PARAPET.

THE PROJECT PROPOSES A TOTAL OF TWO HUNDRED AND FORTY PARKING SPACES, SO A TOTAL OF SIXTY FIVE PARKING SPACES ARE REQUIRED, WHICH INCLUDES SPACES FOR CUSTOMERS AND FOR EMPLOYEES.

AND THEN ONE HUNDRED AND SEVENTY FIVE SPACES ARE GOING TO BE DEDICATED MOSTLY TO DEALERSHIP INVENTORY.

THE SITE PLAN SHOWS THE PROPOSED BUILDING ON THE PROPERTY, SO THE EXISTING DEALERSHIP BUILDING CURRENTLY SITS DIRECTLY IN FRONT OF THE AREA OF THE PROPOSED BUILDING TWO NEW ACCESS DRIVEWAYS WILL REPLACE THE EXISTING THREE ACCESS DRIVEWAYS ALONG PASEO

[00:10:06]

DEL NORTE, WHICH RUNS ALONG THE LEFT EDGE OF THE IMAGE.

SO THE IMAGE SHOWS THE PROPOSED BUILDING FACING PASEO DEL NORTE, THE PROMINENT FEATURE OF THIS ELEVATION IS THE SHOWROOM'S ENTRY PORTAL AT THE CENTER OF THE BUILDING.

THE PROPOSED ARCHITECTURAL STYLE INCORPORATES A VARIETY OF SPANISH MEDITERRANEAN FEATURES, AND THIS INCLUDES SMOOTH STUCCO DECORATIVE CORNICES AROUND THE VISIBLE PERIMETER OF THE BUILDING, THICK COLUMNS AND AN ARCHED PORTICO ALONG THE FRONT.

SO THIS IMAGE SHOWS THE NORTHWEST CORNER OF THE BUILDING ALONG PASEO DEL NORTE, AS SEEN FROM GROUND LEVEL, THE SPANISH MEDITERRANEAN FEATURES ARE ALSO VISIBLE FROM THIS PERSPECTIVE.

THESE INCLUDE THE ARCHED STOREFRONT AT THE NEW VEHICLE DELIVERY AREA TOWARDS THE LEFT OF THE IMAGE, AS WELL AS THE TERRACOTTA COLORED TILE ROOF ELEMENT ABOVE THAT TO ADDRESS CERTAIN REQUESTS BY THE CAR MANUFACTURER.

MORE CONTEMPORARY FEATURES ARE ALSO INCORPORATED INTO THE DESIGN, AND THESE INCLUDE LARGE GLASS WINDOWS FOR THE SHOWROOM.

THE NEW SIX OR THE SIX NEW CAR DELIVERY BAYS ARE SEEN AGAIN TO THE LEFT UNDER THE RED TILE ROOF STRUCTURE.

SO THIS IMAGE SHOWS, AGAIN, THE NORTHWEST CORNER OF THE BUILDING, BUT FROM A BIRD'S EYE PERSPECTIVE, ALL THE ROOFTOP EQUIPMENT ASSOCIATED WITH A NEW DEALERSHIP WILL BE SCREENED FROM VIEW BEHIND THE PROPOSED PARAPETS AND ADDITIONAL SCREENING.

AND THEN THE SOUTHWEST CORNER IMAGE SHOWS THE PROPOSED BUILDING AND IT SHOWS A FOUR THOUSAND THREE HUNDRED FIFTY SEVEN SQUARE FOOT COVERED PORTICO ALONG THE FRONT OF THE BUILDING, WHICH PROVIDES ADDITIONAL VEHICLE DISPLAY AREAS.

AND FINALLY, THIS IMAGE SHOWS THE NORTHEAST CORNER OF THE BUILDING AS SEEN FROM THE REAR OF THE PROPERTY TOWARDS PASEO DEL NORTE, AND A PROMINENT FEATURE SEEN FROM THIS ANGLE WOULD BE THE NEW CAR DELIVERY BASE.

SO THE PROJECT IS SUBJECT TO AND COMPLIES WITH THE PHONE WITH THE FILING PLANS, ORDINANCES AND STANDARDS.

THESE INCLUDE REGIONAL COMMERCIAL, GENERAL PLAN, LAND USE DESIGNATION, THE CAR COUNTRY SPECIFIC PLAN, THE ZONING ORDINANCE, THE MELLO TWO SEGMENT OF THE LOCAL COASTAL PROGRAM, THE MCCLELLAN-PALOMAR AIRPORT LAND USE COMPATIBILITY PLAN, AS WELL AS THE GROWTH MANAGEMENT PLAN.

STAFF RECOMMENDS THAT THE PLANNING COMMISSION ADOPT PLANNING COMMISSION RESOLUTION NUMBER SEVEN FOUR TWO ZERO APPROVING THE PROJECT BASED UPON THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN.

AND THIS CONCLUDES MY PRESENTATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

MR. DANNA, I DO HAVE A QUESTION IN REGARD TO SPECIFIC PLAN NINETEEN FOR CAR COUNTRY GETS INTO THE ISSUES OF THE ARCHITECTURAL PLAN, MEDITERRANEAN SPANISH STYLE.

AND OF COURSE, THEY ARE MAKING SOME MINOR ADJUSTMENTS IN REGARD TO SOME CONTEMPORARY ELEMENTS, I GUESS YOU COULD SAY, OF THE PROJECT FOR CLARIFICATION PURPOSES.

COULD YOU GIVE US SOME INFORMATION REGARDING THE SPECIFIC PLAN AND HOW FLEXIBLE THAT HAPPENS TO BE IN REGARD TO THE DESIGN? SO TYPICALLY WITH CAR DEALERSHIPS, THE SPECIFIC PLAN REQUIRES THAT CERTAIN FEATURES THAT ARE SPANISH MEDITERRANEAN STYLE ARE BEING INCORPORATED INTO THE BUILDING.

OF COURSE, THESE BUILDINGS ARE CAR DEALERSHIPS, AND SO THERE ARE LIMITATIONS ON HOW MANY FEATURES YOU CAN INCLUDE TO MAKE TO GIVE IT THE SPANISH MEDITERRANEAN LOOK AND FEEL.

AND SO IT'S ALWAYS KIND OF STRIKING A BALANCE BETWEEN CERTAIN ASPECTS OF WHAT A CAR DEALERSHIP WOULD NEED, SUCH AS LARGE GLASS WINDOWS TO SHOW OFF THE PRODUCT THEY'RE SELLING, AS WELL AS INCORPORATING THINGS LIKE CORNICES, COLUMNS, ARCHES AND SO ON TO MEET THAT REQUIREMENT.

SO IN THIS CASE, THE STAFF FEELS THAT THE PROJECT IT MEETS THE

[00:15:05]

INTENT AND WHAT THE SPECIFIC PLAN REQUIRES.

THANK YOU.

APPRECIATE.

COMMISSIONERS QUESTIONS OF STAFF? OK, SEEING NONE DOES THE APPLICANT WANT TO MAKE A PRESENTATION, MR. DANNA? I'M NOT I'M NOT SURE IF HE WANTS TO MAKE A PRESENTATION OR IF HE JUST IS AVAILABLE FOR ANY QUESTIONS OF THE APPLICANT, YOU MAY HAVE.

PROVIDE YOUR ADDRESS AS WELL? SURE, YEAH, ADDRESS IS 1699 LA COSTA MEADOWS DRIVE IN SAN MARCOS, OK, AND YOU'RE DEFENDING THE APPLICANT? YES.

OK, THANK YOU.

AND I'M HERE.

THE DESIGN TEAM HAS JOINED BY JUDY JONES, WHO IS THE OWNER IS ON THE CALL AS WELL, AS WELL AS SOME OF HER MANAGERS.

SO WE'RE HERE FOR ANY QUESTIONS AND WE APPRECIATE EVERYBODY'S TIME.

THANK YOU VERY MUCH, COMMISSIONERS QUESTIONS OF THE APPLICANT? COMMISSIONER SABELLICO? IS THERE ANY PLANNED CHANGES TO THE SERVICE CENTER? I KNOW THAT THE SERVICE CENTER CURRENTLY HAS SOME SALES COMPONENTS OPERATED OUT OF THERE BECAUSE OF SPACE LIMITATIONS AT THE DEALERSHIP WHILE THE CONSTRUCTION IS HAPPENING OR AFTER THE CONSTRUCTION OF THE NEW DEALERSHIP OCCURS.

WILL ANY CHANGES HAPPEN TO THE SERVICE CENTER? I GUESS I'LL SPEAK FIRST AND THEN KEVIN CARROLL, IF YOU WANT TO CHANGE ANY OF MY RESPONSES, BY ALL MEANS, AS FAR AS I KNOW, THERE ARE NO PLANS TO MAKE ANY CHANGES TO THE SERVICE CENTER AT THIS TIME.

THANK YOU, TONY, THAT'S ACCURATE.

WE PLAN TO OPERATE OUR SALES OPERATIONS OUT OF THE EXISTING CAR COUNTRY LOCATION AND CONTINUE TO SERVICE OUR VEHICLES, [INAUDIBLE] SEEN US WITH SOME SALES ACTIVITY REMAINING THERE AS WELL.

OK, KEVIN, COULD YOU PROVIDE YOUR ADDRESS AS WELL? CERTAINLY, 6551 WINDFLOWER DRIVE, CARLSBAD, CALIFORNIA.

THANK YOU, COMMISSIONERS ANY FURTHER QUESTIONS OF THE APPLICANT, COMMISSIONER LAFFERTY? YOU'RE MUTED.

THANK YOU.

I ACTUALLY THINK IT'S A VERY MONUMENTAL DESIGN.

I THINK THAT THE SET BACK WILL HELP TO MITIGATE IN THE FRONT, WILL HELP TO MITIGATE THE LIGHT THAT'S COMING IN THROUGH THOSE MAJOR WINDOWS.

THE THING THAT I AM CONCERNED WITH IN THIS DAY AND AGE OF TRYING TO MEET OUR SUSTAINABILITY REQUIREMENTS, TEARING DOWN AN EXISTING BUILDING THAT'S ABOUT THE SAME SIZE AS BUILDING A NEW BUILDING SEEMS TO BE A CONCERN.

AND I'M JUST WONDERING WHAT THE PHASING IS, WHAT THE IDEA BEHIND, YOU KNOW, ADDING TWO THOUSAND SQUARE FEET AND CREATING ENTIRELY NEW BUILDING.

WHAT WAS SORT OF THE IDEA BEHIND THAT? COULD YOU CLARIFY, PLEASE? YEAH.

AND FOR THIS, I'M GOING TO ASK [INAUDIBLE] SHE WAS OUR PROJECT ARCHITECT TO RESPOND TO THAT QUESTION.

KEVIN, IF YOU WOULDN'T MIND.

[INAUDIBLE] THIS IS [INAUDIBLE] MY ADDRESS IS 100 PEACHTREE STREET SUITE, 1450, ATLANTA, GEORGIA, 30303.

SO PART OF THE REQUIREMENTS ARE THAT A LOT OF CAR MANUFACTURERS REQUIRE UPDATED CORPORATE IMAGES TO THEIR STORES.

AND RATHER THAN ACTUALLY BEING IN AN UNSUSTAINABLE WAY, WHICH WOULD HAVE BEEN DOING HEAVY MODIFICATIONS TO THE EXISTING BUILDINGS, THAT ALTHOUGH THEY'RE STANDING THERE NOW, THEY'RE NOT THE MOST EFFICIENT BUILDINGS, IT ULTIMATELY IS A BETTER PROPOSITION THAT A NEW STORE BROUGHT UP THE CURRENT ENERGY CODES THEY CAN ALSO TAKE ADVANTAGE OF SOLAR PANELS AND A NUMBER OF OTHER CURRENT CONSTRUCTION METHODS WILL ACTUALLY PRODUCE A LONGER TERM SUSTAINABLE BUILDING THAN MAKING PIECEMEAL MODIFICATIONS TO THE CURRENT EXISTING STORES.

AS FAR AS PHASING GOES, THERE'S GOING TO BE CAREFUL PHASING THROUGHOUT THE PROJECT SO THAT THERE'S NOT A LOT OF DISTURBANCE AND DUST AND THERE'S GOING TO BE VERY CAREFUL CONTROLLED ACCESS AS WELL FOR MAKING SURE THAT ENVIRONMENTAL AIR QUALITY FOR BOTH EMPLOYEES AND CUSTOMERS WHO COME INTO THE SITE IS ALL MAINTAINED.

I APPRECIATE THAT.

[00:20:01]

YEAH, I UNDERSTAND THAT THESE BRANDS WANT TO UPGRADE THEIR IMAGE, BUT I ALSO UNDERSTAND THAT THERE ARE THERE'S A LOT OF DEBATE ABOUT THIS SUSTAINABILITY.

AND OBVIOUSLY THE MOST ECONOMICAL IS TRYING TO RETROFIT AN EXISTING BUILDING BUT ESPECIALLY WHEN YOU'RE REPLACING THE SAME SCALE OF BUILDING.

SO.

SO I'M JUST CURIOUS, ARE YOU FOLLOWING THE CARLSBAD SUSTAINABLE MEASURES OUTLINED AND WHAT KIND OF SUSTAINABLE MEASURES ARE YOU USING FOR THIS PARTICULAR BUILDING? CERTAINLY SO I HAD MENTIONED BEFORE THAT WE WILL BE EMPLOYING SOLAR [INAUDIBLE] ON THE ROOF.

THERE WILL ALSO BE AN ELECTRIC WATER HEATER USED.

WE WILL ALSO BE PROVIDING A NUMBER OF ELECTRIC VEHICLE CHARGING STATIONS.

SO THOSE ARE SOME OF THE KEY POINTS AND THEN ALSO WE'LL BE EXCEEDING THE STANDARD CODE VALUES FOR THE ENVELOPE PERFORMANCE OF THE BUILDING SO THAT HEATING AND COOLING, YOU KNOW, IS GOING TO BE CONTAINED WITHIN THE BUILDING A LOT BETTER THAN THE ORIGINAL CONSTRUCTION.

THAT SOUNDS REASONABLE.

THANK YOU VERY MUCH.

DEALERSHIPS MANY, MANY TIMES COULDN'T EVEN PURCHASE MY OWN VEHICLES IN A NUMBER OF THOSE DEALERSHIPS.

MY OBSERVATION IS PARTICULARLY ON WEEKENDS, STREET PARKING CAN BE A REAL CHALLENGE.

SOMETIMES YOU HAVE TO GO A CONSIDERABLE DISTANCE FROM THE DEALERSHIP THAT YOU ARE INTENDING TO DO BUSINESS WITH BECAUSE THERE ARE NO SITES, VISITOR SITES ON SITE AND THE STREET PARKING IS VERY LIMITED.

I WONDER IF THEY WOULD COMMENT ON THE EXTENT TO WHICH YOU'RE PROVIDING ON SITE PARKING FOR VISITORS AND COMPARED TO WHAT IS AVAILABLE RIGHT NOW.

TONY.

SURE, I CAN TAKE THAT THAT ONE.

KEVIN, AND STEP IN IF YOU'D LIKE TO, BUT I BELIEVE AND I THINK ESTEBAN TOUCHED ON THIS EARLIER, I BELIEVE THE AMOUNT OF PARKING THAT THE DEALERSHIP IS PROPOSED TO PROVIDE IS MORE THAN THEY CURRENTLY HAVE, AND I THINK MORE THAN THAN WHAT'S CURRENTLY REQUIRED EVEN.

SO, I THINK WE'RE GOING TO HAVE SUFFICIENT PARKING.

AND AND, YOU KNOW, I THINK THAT CONCERN SHOULD BE ALLEVIATED BY BY THE AMOUNT OF PARKING HAS BEEN PROVIDED.

COULD YOU PROVIDE TO US WHAT THAT NUMBER HAPPENS TO BE? YEAH, KEVIN, DO YOU HAVE THAT NUMBER? THAT WOULD BE SOMETHING WE'D ASK EITHER DAN OR DAVID TO PROVIDE.

ACTUALLY I HAVE THAT HANDY, IF I MAY.

SO THE REQUIREMENTS FOR THIS PARTICULAR PROJECT IS SIXTY FIVE PARKING SPACES, TEN OF WHICH ARE REQUIRED TO BE ISOLATED FOR CUSTOMERS.

THE PROJECT PROPOSES TWO HUNDRED AND FORTY PARKING SPACES IN TOTAL.

AND SO THERE IS A LARGE SURPLUS OF PARKING LOT AND WHAT A LOT OF DEALERSHIPS DO IS USE THAT SURPLUS FOR INVENTORY.

BUT AS FAR AS WHAT THE REQUIREMENT IS, THE PROJECT COMPLIES WITH THE MINIMUM AND GOES ABOVE AND BEYOND.

IF I MAY FOLLOW UP, I WANT TO DRILL DOWN ON PARKING SPACES THAT ARE AVAILABLE TO CUSTOMERS, VISITORS, NOT SPACES THAT ARE TAKEN UP BY INVENTORY, I'D LIKE TO COMPARE THE CURRENT NUMBER OF CUSTOMER VISITOR PARKING SPACES WITH WHAT IS PROPOSED.

SO I'M NOT SURE WHAT THE CURRENT NUMBER IS FOR THE CURRENT STORE, BUT FOR THE PROPOSED STORE, IT WOULD BE CUSTOMERS WOULD TEN SPACES WOULD BE REQUIRED FOR CUSTOMERS.

SO WE'RE BASICALLY HAVING THE SAME NUMBER OF SPACES, AGAIN, DRAWING DOWN VISITOR CUSTOMER PARKING ON THE PROPOSED PROJECT AS WE CURRENTLY HAVE IS THAT ACCURATE.

AND I WILL DEFER THAT TO THE TOYOTA CARLSBAD REPRESENTATIVES.

AND JUST SO I'M CLEAR, SO YOU'RE ASKING HOW MANY EXISTING CUSTOMER STALLS THERE ARE?

[00:25:01]

COMPARED TO WHAT ARE PROPOSED IN TERMS OF DRILLING DOWN JUST ON THE CUSTOMER/ VISITOR SPACES ON SITE? OK.

LET ME SEE IF WE HAVE THAT DATA HANDY OR NOT EXISTING VERSUS PROPOSED.

AND DAVID AND DAN, IF YOU HAPPEN TO KNOW OFF TOP OF YOUR HEAD.

MR. NEU STEP IN.

THANK YOU, MR. CHAIR.

WHY HE'S LOOKING FOR THAT? I DID WANT TO POINT OUT AND WE'VE SEEN THIS ON MANY OF THE DEALERSHIPS, THAT THEY WILL HAVE GUEST PARKING ON SITE AND OFTENTIMES THE CUSTOMERS SEEM TO COME UP AND BE RELUCTANT TO DRIVE ON TO THE PROPERTY, MAYBE NOT SURE THAT THERE'S PARKING OR ARE CONCERNED ABOUT PUTTING THEIR CAR ON THE LOT.

SO, YOU KNOW, WE HAVE FOUND THAT PEOPLE TEND TO GRAVITATE TO THE STREETS, PARTICULARLY IF THEY'RE GOING TO MULTIPLE DEALERSHIPS IN ONE TRIP.

SO IT IS A LITTLE TOUGH TO DEAL WITH, BUT WE HAVE REQUIRED ALL THE DEALERSHIPS TO PROVIDE THE REQUIRED CUSTOMER PARKING ON SITE.

AND THEN OFTENTIMES, YOU KNOW, WE DO WORK WITH THE DIFFERENT DEALERS TO MAKE SURE INVENTORY ISN'T TAKING UP THOSE CUSTOMER SPACES.

BUT SOMETIMES IT'S JUST A CUSTOMER PREFERENCE THAT THEY END UP OUT ON THE STREET BECAUSE THEY'RE RELUCTANT TO GO ON THE LOT OR THEY'RE VISITING MULTIPLE DEALERS AND NOT WANTING TO MOVE THEIR CAR.

AND IF I MAY ADD AS WELL, SO THE CURRENT REQUIREMENT IS ONE PARKING SPACE FOR FOUR HUNDRED SQUARE FEET OF SHOWROOM, TWENTY PERCENT OF WHICH SHOULD BE FOR CUSTOMERS AND EIGHTY PERCENT OF WHICH SHOULD BE FOR EMPLOYEES.

SO IF YOU LOOK AT THAT NUMBER AND YOU LOOK AT WHAT IS EXISTING THERE, THEIR SHOWROOM IS CONSIDERABLY SMALLER NOW BECAUSE A LARGE PORTION OF THE SQUARE FOOTAGE OF THE TWENTY TWO THOUSAND SQUARE FEET THAT IS EXISTING NOW IS MOSTLY OUTBUILDINGS AND SERVICE OR FORMERLY SERVICE BAYS THAT ARE OUT OF USE NOW.

AND SO THEIR RELATIVE SHOWROOM NOW IS IS RELATIVELY SMALL, WHICH MEANS THAT IF YOU WERE TO DO THE MATH NOW, IT WOULD REQUIRE ONLY A HANDFUL OF PARKING SPACES, IF THAT MANY.

SO IT IS AN INCREASE IN THE NUMBER OF REQUIRED SPACES, INCREASE AS THE AS THE SHOWROOM SIZE INCREASES.

THIS IS THE [INAUDIBLE] I'M LOOKING AT THE PLAN.

WHAT IS EXISTING AND DEFINITELY INCREASING THE CUSTOMER PARKING, AS YOU SAID BEFORE, THE EXISTING CONDITIONS, THERE IS, YOU KNOW, BUILDINGS.

USING UP PARKING SPACES, THIS NEW DESIGN, YOU KNOW, ADDED LOTS MORE PARKING TO THIS ENTIRE DEVELOPMENT, SO I WOULD SAY IT'S INCREASED THE PARKING FROM EXISTING TO PROPOSED FOR CUSTOMERS.

AS FAR AS HOW MUCH INCREASED CUSTOMER PARKING.

AND KEVIN CARROLL IS THE EXISTING CUSTOMER PARKING PRIMARILY BEHIND THOSE I COUNT SEVEN STALLS BEHIND THE USED CAR BUILDING.

IS THAT PRIMARILY THE CUSTOMER OR THE ONLY CUSTOMER PARKING TODAY? ALL RIGHT, THANKS, TONY.

THE PRIMARY CUSTOMER PARKING IS JUST TO THE SOUTH OF THE SHOWROOM AREA, THERE'S PROBABLY SIX TO SEVEN PARKING SPOTS ACROSS THAT AREA.

THAT'S OUR CURRENT CUSTOMER PARKING THAT WE HAVE NOW.

OK, OK, YEAH, THANKS, THAT WAS THE AREA THAT THAT I THOUGHT AND CURRENTLY I'M LOOKING AT [INAUDIBLE] SHEET TWO OF THE [INAUDIBLE] PLAN AND IT APPEARS THAT WERE PROPOSING THIRTY EIGHT CUSTOMERS STALLS THIRTY FIVE WHICH ARE STANDARD AND THREE WHICH ARE FOR ADA ACCESSIBILITY.

GREAT, THANK YOU.

THANK YOU.

OK.

AND THE OTHER COMMISSIONERS HAVE QUESTIONS FOR THE APPLICANT AT THIS TIME? OK, I'LL OPEN PUBLIC TESTIMONY, MS. FLORES, ANY EMAILS OR REQUESTS TO GO ON THE RECORD? THERE ARE NO COMMENTS FOR THIS ITEM.

OK, THANK YOU THEN I'LL CLOSE PUBLIC TESTIMONY.

COMMISSIONERS, WOULD YOU LIKE TO DISCUSS ITEM ANY FURTHER ITEMS TO DISCUSS, COMMISSIONER SABELLICO, I WOULD JUST LIKE TO SAY THAT I'VE BEEN TO THE DEALERSHIP MANY TIMES.

[00:30:02]

I OWN A COROLLA THAT WAS PURCHASED AT THE DEALERSHIP AND I'VE BEEN WITH MY PARENTS TO PURCHASE THEIR VEHICLES THERE.

AND I NEVER HAD A PROBLEM WITH PARKING AT THE DEALERSHIP OR THE SERVICE CENTER.

SO TO ME, IT'S NOT A CONCERN THAT I HAVE.

OK, THANK YOU.

ANY OTHER COMMISSIONER'S COMMENTS DISCUSSION? OK.

SEEING NO FURTHER ITEM, MAY I HAVE A MOTION ON THIS PARTICULAR ITEM, COMMISSIONER STINE? YES, I WAS JUST GOING TO COMMENT BRIEFLY.

THIS IS AN EASY YES FOR ME, PARTICULARLY SINCE THEY'VE ADDRESSED THE PARKING ISSUE AND THEN SOME.

I APPRECIATE THAT WE'RE ASKING FOR OUR COASTAL DEVELOPMENT PERMIT HERE.

REALLY NO COASTAL DEVELOPMENT ISSUES THAT I SEE, NO NEW ISSUES, NO ACCESS ISSUES AT THIS PROJECT, YOU KNOW, EAST OF THE FREEWAY.

SO THAT SHOULDN'T BE AN ISSUE THERE.

DON'T SEE ANY SITE DEVELOPMENT ISSUES.

IT'S PART OF THE CONSISTENT WITH THE SPECIFIC PLAN FOR THE AREA.

SO TO ME, IT MAKES SENSE.

AND I MOVE TO APPROVE.

BEFORE WE DO THAT.

COMMISSIONER LUNA.

I WAS JUST GOING TO SECOND COMMISSIONER STINE.

THERE YOU GO.

WE HAVE A MOTION BY COMMISSIONER STINE.

SECOND BY COMMISSIONER LUNA.

COMMISSIONER LUNA, YES, COMMISSIONER KAMENJARIN, YES.

COMMISSIONER MEENES, YES, COMMISSIONER MERZ, YES, COMMISSIONER SABELLICO, YES, AND COMMISSIONER STINE, YES, OK, EXCELLENT.

THANK YOU TO THE APPLICANT, JOB WELL DONE, THANK YOU, APPRECIATE THAT, MR. NEU I'LL CLOSE THE PUBLIC HEARING AT THIS TIME AND MR. NEU YOU HAVE THE NEXT ITEM, ITEM NUMBER TWO FOR OUR AGENDA.

[2. GPA 14-05/ZC 14-03/LCPA 14-05/SDP 14-14/SUP 14-05/HMP 14-03/MS 14-12 (DEV14058) – INNS AT BUENA VISTA CREEK]

THANK YOU, MR. CHAIR.

SO AGENDA ITEM NUMBER TWO IS A PROJECT TITLED INNS AT BUENA VISTA CREEK SENIOR PLANNER JASON GOFF WILL BE MAKING THE STAFF REPORT ON THIS AGENDA ITEM.

[INAUDIBLE] MEENES MEMBERS OF THE COMMISSION, GOOD AFTERNOON.

I'LL BRING THE PROJECT UP HERE.

ALL RIGHT, SO THE PROJECT BEFORE YOU TODAY IS SLIGHTLY UNIQUE IN THAT IT SPANS TWO IT SPANS BOTH THE CITY OF OCEANSIDE AND THE CITY OF CARLSBAD JURISDICTION.

THE CITY OF CARLSBAD WILL BE ACTING TODAY ON PERMITS THAT ARE ASSOCIATED WITH OFF SITE IMPROVEMENTS FOR AN APPROVED HOTEL DEVELOPMENT PROJECT THAT IS SITUATED ON A PARCEL OF LAND LOCATED IN THE CITY OF OCEANSIDE ALONG CARLSBAD NORTHERN BOUNDARY.

THE RED DASH LINE SHOWN ON THE SLIDE REPRESENTS THE CITY LIMIT LINE.

THE SOLID AREA REPRESENTS THE PROJECT BOUNDARY OR THE PROPERTY BOUNDARIES ASSOCIATED WITH THE PORTIONS OF THE PROJECT THAT ARE WITHIN THE CITY OF CARLSBAD PURVIEW.

HERE'S AN ILLUSTRATIVE SITE PLAN OF THE APPROVED HOTEL PROJECT IN OCEANSIDE ON JULY 27 OF LAST YEAR, THE CITY OF OCEANSIDE CERTIFIED AN ENVIRONMENTAL IMPACT REPORT, WHICH THE CITY OF CARLSBAD IS A RESPONSIBLE AGENCY AND ALSO APPROVED DEVELOPMENT PERMITS TO ALLOW FOR CONSTRUCTION OF OF THREE HILTON BRANDED HOTEL BUILDINGS WITH A TOTAL OF FOUR HUNDRED TWENTY SIX ROOMS. A FOUR STORY PARKING STRUCTURE ASSOCIATED COMMON AMENITIES, OPEN SPACE AREAS, A THREE LANE BRIDGE OVER BUENA VISTA CREEK, ACCESS DRIVEWAYS, SURFACE PARKING UTILITIES AND OFF SITE IMPROVEMENTS.

HERE'S AN AERIAL PHOTO OF THE PROJECT SITE AS IT RELATES TO CARLSBAD, THE HOTEL SITE IS LOCATED ABOVE THE RED DASH CITY LIMIT LINE.

THE OVERALL PROJECT SITE WAS ONCE PART OF A LARGER COMMERCIAL CENTER ENVISIONED FOR THIS AREA BY HUGE INVESTMENT AND INCLUDED WHAT IS NOW THE SHOP'S CARLSBAD AND THE ADJACENT NORTH COUNTY PLAZA ACCESS EASEMENTS TO THE HOTEL SITE THROUGH THE SHOPS OF CARLSBAD RING ROAD, THE NORTH COUNTY PLAZA AND ACROSS BUENA VISTA CREEK WERE PREVIOUSLY RECORDED, AND DEVELOPMENT OF THE HOTEL SITE WAS CONTINGENT UPON A 1982 AGREEMENT MADE WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND THE CALIFORNIA COASTAL COMMISSION, SUBJECT TO CERTAIN CONDITIONS.

THOSE CONDITIONS INCLUDED PLACING DREDGING SPOILS OF APPROXIMATELY EIGHTY FIVE THOUSAND CUBIC YARDS FROM BUENA VISTA LAGOON ONTO THE HOTEL SITE DEDICATING AT ONE POINT TO ACRE PARCEL ALONG BUENA VISTA LAGOON TO THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR MITIGATION OF BIOLOGICAL IMPACTS TO WETLANDS.

RECREATION OF A TWENTY FIVE FOOT BUFFER EASEMENT ALONG THE NORTH SHORE, OF THE BUENA VISTA CREEK AND SINGLE PIER BRIDGE CROSSINGS OVER BUENA VISTA CREEK.

ALL OF THESE CONDITIONS WERE MET WITH THE EXCEPTION THAT NO COMMERCIAL DEVELOPMENT OR

[00:35:02]

BRIDGE CROSSINGS WERE EVER CONSTRUCTED ON THE SITE.

FAST FORWARD TO THE YEAR 2007 AND THE SUBJECT HOTEL PROJECT IS BORN WITH THE PURCHASE OF THE PROPERTY BY [INAUDIBLE] DEVELOPMENT DEVELOPMENT PERMITS ARE LATER SUBMITTED TO THE CITY OF OCEANSIDE IN 2010 AND SHARED WITH THE CITY OF CARLSBAD AT THAT TIME.

OFFICIAL APPLICATIONS FOR THE PROJECT WERE LATER SUBMITTED TO THE CITY OF CARLSBAD IN 2014.

AND SINCE THAT TIME, THE APPLICANT CITY STAFF.

OCEANSIDE STAFF, CALIFORNIA COASTAL COMMISSION STAFF AND THE WILDLIFE AGENCIES HAVE ALL WORK COLLABORATIVELY TO RESOLVE THE MANY COMPLEX ISSUES ASSOCIATED WITH THIS MULTI JURISDICTIONAL DEVELOPMENT PROJECT, WHICH NOT ONLY SPANS TWO CITY JURISDICTIONS, BUT ARE ALSO LOCATED IN THE COASTAL ZONE AND SUBJECT TO OVERLAPPING APPEALS AND PERMITTING JURISDICTIONS OF THE COASTAL COMMISSION AND BOTH CITIES.

DUE TO THE COMPLEXITIES ASSOCIATED WITH THE OVERLAPPING COASTAL JURISDICTIONS AND RESPONSIBILITIES, BOTH CITIES MET AND AGREED TO THE PROCESSING OF A CONSOLIDATED COASTAL DEVELOPMENT PERMIT ISSUED BY THE CALIFORNIA COASTAL COMMISSION.

THEREFORE, AFTER THE CITY OF CARLSBAD TAKES ACTIONS ON THE PROJECT, THE PROJECT WILL STILL NEED TO GO ON TO THE CALIFORNIA COASTAL COMMISSION FOR COASTAL DEVELOPMENT, WHEREBY THE CALIFORNIA COASTAL COMMISSION WILL BE MAKING CARLSBAD FINDINGS FOR APPROVAL BASED ON THE CITY'S LCP.

FOR THIS SLIDE, I'VE GRAYED BACK THE PORTIONS OF THE PROJECT THAT ARE WITHIN THE CITY OF OCEANSIDE AND HIGHLIGHTED THREE SPECIFIC AREAS OF THE PROJECT THAT ARE WITHIN OR THAT ARE WITHIN THE CITY OF CARLSBAD PURVIEW.

DEVELOPMENT PERMITS ASSOCIATED WITH THE CITY OF CARLSBAD JURISDICTION ARE GENERALLY RELATED TO LAND USE CHANGES AND MINOR SUBDIVISION OF LAND FOR OPEN SPACE PURPOSES.

IMPROVEMENTS ASSOCIATED WITH PROJECT ACCESS IN THE FORM OF VEHICULAR PEDESTRIAN FIRE AND UTILITY CREEK MAINTENANCE, REALIGNMENT OF AN EXISTING SEWER AND STORM DRAIN LINE.

IMPROVEMENTS TO AN EXISTING STORM DRAIN OUTLET IN BUENA VISTA CREEK WATER SERVICE.

HABITAT IMPACTS RESTORATION AND WETLAND BUFFERING ALONG BUENA VISTA CREEK.

LASTLY, MINOR GRADING WITHIN A FLOODPLAIN.

THE PROJECT IS CONDITIONED TO PAY [INAUDIBLE] FOR IMPACTS TO POINT THREE SEVEN ACRES OF DISTURBED LAND AND IS REQUIRED TO PROVIDE POINT ONE TWO ACRES OF [INAUDIBLE] WITHIN THE COASTAL ZONE AS MITIGATION FOR ITS IMPACTS TO POINT ZERO SIX ACRES ON SITE.

STARTING ON THE RIGHT WITH NUMBER ONE, AREA NUMBER ONE, THE HOTEL PROJECT SITE WILL BE TAKING ITS PRIMARY VEHICULAR ACCESS THROUGH CARLSBAD ALONG THE EXISTING SHOPS AT CARLSBAD RING ROAD BY WAY OF AN EXISTING RECORDED ACCESS EASEMENT EXTENDING NORTH FROM MONROE STREET INTO THE CITY OF OCEANSIDE AND FROM THERE, NORTHWEST ACROSS BUENA VISTA CREEK VIA A NEW THREE LANE BRIDGE.

MINOR SITE DEVELOPMENT PLAN PERMIT IS INCLUDED TO COVER MINOR IMPROVEMENTS TO THE SHOPS AT CARLSBAD RING ROAD AND THE PARKING LOT TO ALIGN WITH THE PROJECT'S BRIDGE ENTRY AND ALSO TO ACCOMMODATE THE PEDESTRIAN CONNECTION TO THE NORTH COUNTY TRANSIT CENTER'S.

I'M SORRY.

THE PEDESTRIAN CONNECTION WILL EXTEND FROM THE HOTEL PROJECT SITE ACROSS THE BRIDGE TO THE NORTH COUNTY TRANSIT DISTRICT CENTERS TRANSIT CENTER, AS SHOWN ON THE SLIDE, ALL PROPOSED LANDSCAPING WITHIN THE AREAS AFFECTED WILL BE PLANTED AND IMPROVED IN ACCORDANCE WITH THE SPECIFIC PLAN LANDSCAPE REQUIREMENTS ASSOCIATED WITH THE SHOPS AT CARLSBAD, BETTER KNOWN AS THE WESTFIELD CARLSBAD SPECIFIC PLAN.

MOVING ON TO AREA TWO OF THE SLIDE.

THIS IS A TWO POINT SIX SIX ACRE PARCEL THAT IS DIRECTLY ADJACENT TO THE HOTEL PROJECT SITE AND INCLUDES PORTIONS OF THE BUENA VISTA CREEK.

WITHIN THIS AREA, THERE IS AN EXISTING FORTY TWO INCH STORM DRAIN LINE AND OUTFALL THAT DRAIN STATE ROUTE 78 THROUGH THE HOTEL SITE SOUTH TO THE BUENA VISTA CREEK.

AN EXISTING SEWER LINE ALSO FLOWS IN FROM THE CITY OF VISTA TO THE ADJACENT SEWER LIFT STATION.

ACCESS GRANTED TO THE CITY OF CARLSBAD FOR CONTINUED FLOOD CONTROL.

MAINTENANCE RESPONSIBILITIES WITHIN THE CREEK CHANNEL ALSO EXIST AND WILL CONTINUE WITHIN THIS AREA.

THE PROJECT PROPOSES TO REALIGN AND REPLACE THE EXISTING STORM DRAIN LINE AROUND THE HOTEL BUILDING AND RECONNECT THAT THE EXISTING OUTFALL TO ASSIST WITH DRAINAGE.

THE EXISTING FORTY TWO INCH STORM DRAIN LINE WILL BE REPLACED WITH A LARGER FORTY EIGHT INCH LINE AND THE EXISTING HEADWALL AND STORM DRAIN OUTFALL WILL BE REPLACED TO ACCOMMODATE THIS INCREASE.

THE PROJECT ALSO PROPOSES CLEARING OUT SILT AND VEGETATION DRAINAGE OUTFALL, WHICH IS CURRENTLY PARTIALLY BLOCKED, AND IT'S CAUSING ADDITIONAL FLOOD PROBLEMS ON STATE ROUTE 78.

SEWER IMPROVEMENTS, PROPOSED REALIGNMENT OF THE EXISTING 30 INCH SEWER LINE AND RECONNECTION INTO THE BUENA VISTA SEWER LIFT STATION, WATER IMPROVEMENTS INCLUDE THE ADDITION OF AN EIGHT INCH WATER LINE UNDER THE PROPOSED ACCESS ROAD.

[00:40:03]

THE PROPOSED ACCESS ROAD SHOWN HERE IN GREEN WILL BE CONSTRUCTED OF A GRASS [INAUDIBLE] FOUNDATION AND PLANTED WITH BENTGRASS AND CALIFORNIA FIELD SEDGE TO PROVIDE FOR NATURAL APPEARANCE AMONG THE SURROUNDING OPEN SPACE.

THE PROPOSED ACCESS ROAD IS DESIGNED TO ACCOMMODATE EMERGENCY SERVICES, PEDESTRIANS AND CONTINUED ACCESS NEEDS OF THE CITY OF CARLSBAD FOR FUTURE POTENTIAL DREDGING AND ONGOING CREEK MAINTENANCE OPERATIONS WITHIN THE BUENA VISTA CHANNEL.

MAINTENANCE ACCESS FROM THE [INAUDIBLE] ACCESS ROAD TO THE STORM DRAIN OUTLET IN THE CREEK CHANNEL WILL BE PROVIDED VIA A PROPOSED TWENTY FOOT WIDE, DECOMPOSED GRANITE.

ALL WEATHER ACCESS THE AREA BETWEEN THE CREEK AND AROUND.

THE PROPOSED ACCESS ROADS WILL BE RESTORED WITH NATIVE HABITAT AND PRESERVED AND OPEN SPACE IN ACCORDANCE WITH THE CITY'S HABITAT MANAGEMENT PLAN.

A SPECIAL USE PERMIT IS REQUIRED TO ALLOW FOR THE PROPOSED IMPROVEMENTS AND ASSOCIATED MINOR GRADING WITHIN THE HUNDRED YEAR FLOOD IS ESTABLISHED BY FEMA AND THE CITY OF CARLSBAD SPECIAL FLOOD HAZARD AREA.

ALSO INCLUDED AS A HABITAT MANAGEMENT PLAN PERMIT FOR IMPLEMENTATION AND MITIGATION, PRESERVATION AND MANAGEMENT REQUIREMENTS FOR THE PROJECT'S INTERFACE WITH THE BUENA VISTA CREEK AND ESTABLISHMENT OF A WETLAND BUFFER PURSUANT TO THE CITY'S HOP PERMIT OR HOP.

A MINOR SUBDIVISION IS ALSO BEING PROPOSED TO SUBDIVIDE THE TWO POINT SIX, SIX ACRE PARCEL AND CARLSBAD INTO TWO OPEN SPACE PARCELS.

THESE ARE IDENTIFIED IN THE MAP AND SLIDE AS PARCELS THREE AND FOUR.

THIS MINOR SUBDIVISION IS PART OF A LARGER FOUR PARCEL TENTATIVE MAP COVERING THE TWELVE POINT FIVE ACRE PROJECT SITE SPANNING BOTH JURISDICTIONS.

PARCEL ONE AND TWO ARE WITHIN THE CITY OF OCEANSIDE JURISDICTION.

PARCEL ONE CONSISTS OF THE HOTEL DEVELOPMENT SITE AND PARCEL TWO IS AN OPEN SPACE PARCEL ALONG BUENA VISTA CREEK, PARCEL THREE, WHICH IS POINT ONE ACRES AND PARCEL FOUR, WHICH IS TWO POINT FIVE SIX ACRES.

SHOWN HERE ON THE PROPOSAL ARE PROPOSED AS OPEN SPACE, THE BOUNDARY LINE SEPARATING PARCELS THREE AND PARCELS FOUR PARALLEL I'M SORRY, PARCELS THREE AND FOUR PARALLELS THE ONE HUNDRED FOOT WIDE BUFFER EXTENDING FROM THE JURISDICTIONAL WETLAND DELINEATION ALONG BUENA VISTA CREEK.

LASTLY, THE PROJECT ALSO INCLUDES LAND USES AS UNCHANGED, THE TWO POINT SIX SIX ACRE PARCEL THAT WILL REMOVE THE COMMERCIAL LAND USE DESIGNATION AND REPLACE IT ENTIRELY AS OPEN SPACE.

THIS SLIDE SHOWS THE PROPOSED GENERAL PLANNING AMENDMENT.

AS YOU CAN SEE, THE PORTION OF THE PARCEL WITH THE EXISTING REGIONAL COMMERCIAL LAND USE DESIGNATION IS CHANGING TO OPEN SPACE.

SWITCHING HERE TO THE PROPOSED ZONE CHANGE WOULD BE CONSISTENT WITH THE GENERAL PLAN, AS PREVIOUSLY DISCUSSED, THE PORTION OF THE PARCEL WITH THE EXISTING GENERAL COMMERCIAL ZONING IS ALSO CHANGING TO OPEN SPACE.

BECAUSE THE PROJECT SITE IS LOCATED IN THE COASTAL ZONE, THE LCP OR THE LOCAL COASTAL PROGRAM, LAND USE DESIGNATION AND ZONING ALSO NEEDS TO BE CONSISTENT.

THIS SLIDE AND THE NEXT WILL SHOW HOW THE LCP LAND USE AND ZONING ARE CHANGING TO BE CONSISTENT.

AS YOU CAN SEE, THE PORTION OF THE PARCEL WITH THE EXISTING REGIONAL COMMERCIAL LCP LAND USE DESIGNATION IS ALSO CHANGING THE OPEN SPACE.

ON THIS SLIDE, THE PORTION OF THE PARCEL OF THE EXISTING GENERAL COMMERCIAL LCP ZONING IS ALSO CHANGING TO OPEN SPACE.

THE LAST AREA OF DISCUSSION RELATED TO THE PROPOSED PROJECT IS WITHIN THE PURVIEW THAT IS WITHIN THE PURVIEW OF THE CITY OF CARLSBAD AS AREA THREE.

THIS AREA CONSISTS OF OFF SITE RIGHT AWAY IMPROVEMENTS WITHIN THE JEFFERSON STREET RIGHT AWAY.

THESE INCLUDE ADDING A NORTHBOUND TRAVEL LANE ON THE EAST SIDE OF JEFFERSON STREET FOR APPROXIMATELY THREE HUNDRED AND SIXTY FEET, STARTING FROM THE NORTHERN END OF THE EXISTING BRIDGE SPAN OVER BUENA VISTA CREEK AND UP TO JEFFERSON, THE JEFFERSON STREET INTERSECTION WITH STATE ROUTE 78 EASTBOUND ON RAMP.

ALSO INCLUDED IS A NEW PEDESTRIAN SIDEWALK AND BIKE LANE ON THE SOUTHBOUND SIDE OF JEFFERSON STREET, EXTENDING NORTH INTO THE CITY OF OCEANSIDE, UP TO LAGOON VIEW DRIVE.

BEFORE I CONCLUDE WITH THE PROJECT CONSISTENCY, I WOULD LIKE TO TURN TO THE COMMISSION'S TURN THE COMMISSION'S ATTENTION TO AN OPPOSITION LETTER RECEIVED THIS AFTERNOON FROM [INAUDIBLE], WHICH WAS ADDRESSED TO THE CITY OF OCEANSIDE'S PLANNING COMMISSION AND DATED APPROXIMATELY ONE YEAR AGO ON JULY 27TH 2020, FIRST STAFF WOULD LIKE TO COMMENT THAT THE POINTS IN THIS LETTER ARE SEEKING TO POINT OUT FAULTS IN AN EIR THAT HAS ALREADY BEEN APPROVED AND CERTIFIED.

A NOTICE OF DETERMINATION WAS FILED ON AUGUST 3RD 2020 AND THE EIR WAS NEVER APPEALED NOR CHALLENGED IN COURT.

ALSO, THE COMMENTS IN THIS LETTER ARE FOCUSED ON DESIGN OF AN APPROVED HOTEL PROJECT THAT IS WITHIN THE CITY OF OCEANSIDE AND IS OUTSIDE THE PURVIEW OF THE PERMITS

[00:45:02]

BEFORE THE CITY OF CARLSBAD TODAY.

ALSO THROUGH THE CONSOLIDATED COASTAL DEVELOPMENT PERMIT THAT THE TWO CITIES AGREED TO HAVE THE CALIFORNIA COASTAL COMMISSION ISSUE.

IT IS THEY WHO WILL BE MAKING ANY DETERMINATIONS OF COMPATIBILITY WITH THE CITY'S LCP AS IT RELATES TO VISUAL IMPACTS ON THE LAGOON, NOT THE CITY OF CARLSBAD.

LASTLY, THE CONSULTANT TEAM FROM DUDEK RESPONSIBLE FOR PROCESSING THE EIR.

IS HERE TODAY AND CAN ALSO ANSWER ANY TECHNICAL QUESTIONS YOU MIGHT HAVE REGARDING POINTS IN THE LETTER OR THE TIMING FOR MAKING SUCH COMMENTS.

THE APPLICANT IS ALSO HERE TODAY AND CAN SPEAK TO ANY PREVIOUS DISCUSSIONS THEY'VE HAD WITH PRESERVE CALAVERA REGARDING THEIR POINTS.

THEREFORE, I WOULD LIKE TO CONCLUDE NOW AND POINT OUT THAT THE PROJECT WAS ANALYZED FOR CONSISTENCY WITH THE CITY'S GENERAL PLAN, THE ZONING ORDINANCE, OR MORE SPECIFICALLY, OUR OPEN SPACE ZONE GENERAL COMMERCIAL ZONE, THE COASTAL DEVELOPMENT REGULATIONS, THE COASTAL RESOURCE PROTECTION OVERLAY AND THE FLOODPLAIN MANAGEMENT REGULATIONS ALSO ANALYZED FOR CONSISTENCY WAS THE WESTFIELD CARLSBAD SPECIFIC PLAN, OR SUBDIVISION ORDINANCE, CITIES HABITAT MANAGEMENT PLAN, GROWTH MANAGEMENT REGULATIONS AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS INDICATED IN THE PROJECT STAFF REPORT AND ATTACHED RESOLUTIONS.

ALL REQUIRED FINDINGS TO SUPPORT THE RECOMMENDATION FOR APPROVAL OF THIS PROJECT CAN BE MADE.

BASED ON ANALYSIS STAFF SUPPORTS THE PROJECT AND IS REQUESTING THAT YOU ADOPT THE ASSOCIATED RESOLUTIONS.

HOWEVER, BEFORE DOING SO.

I'D LIKE TO POINT OUT THAT THE APPLICANT IS HERE TODAY AND WISHES TO MAKE A PRESENTATION.

THANK YOU.

THANK YOU, MR. GOFF.

BEFORE WE PROCEED, MAY I HAVE EX PARTE IN REGARD TO THIS PARTICULAR PROJECT, COMMISSIONERS.

I MYSELF HAVE DRIVEN BY THE SITE MANY TIMES, FAMILIAR WITH IT.

COMMISSIONER STINE, I ALSO DRIVEN BY THE SIT AND THIS WEEKEND, I PARKED AT THE LIFT STATION TO KIND OF LOOK AT THE PROPERTY.

EXCELLENT.

THANK YOU, COMMISSIONER LUNA.

SAME AS COMMISSIONER STINE.

OK ANY OTHER COMMISSIONERS? COMMISSIONER MERZ I PARKED AT A LIFT STATION.

SO I COULD OVERVIEW, THE SITE.

COMMISSIONER KAMENJARIN.

YES, SIMILAR TO WHAT COMMISSIONER STINE HAS DONE.

I DID THIS WEEKEND.

COMMISSIONER SABELLICO.

I'M FAMILIAR WITH THE GENERAL AREA SURROUNDING THE SITE, BUT NOT THE SITE ITSELF.

OK, THANK YOU ALRIGHTY COMMISSIONER LAFFERTY.

I'VE BEEN BY THE SITE MANY TIMES AND I'M FAMILIAR WITH THE CREEK AREA BEHIND THE NORTH COUNTY PLAZA.

EXCELLENT.

THANK YOU, COMMISSIONERS.

ANY CLARIFYING QUESTIONS OF THE STAFF IN REGARD TO THIS PARTICULAR ITEM? COMMISSIONER LAFFERTY.

HI, MR. GOFF, YOU MENTIONED THE 1982 AGREEMENT EIR WHERE IT MENTIONED COMMERCIAL AND BRIDGE CROSSING THAT WAS NEVER DEVELOPED.

CAN YOU ELABORATE ON THAT AND HOW THAT AGREEMENT POTENTIALLY AFFECTS THIS DEVELOPMENT RIGHT NOW? YES, JUST FOR CLARIFICATION, THE 1982 AGREEMENT THAT I MENTIONED WAS NOT WAS NOT AN EIR, IT WAS JUST AN AGREEMENT AND IT RECORDED THERE ARE RECORDED EASEMENTS AS IT RELATES TO ACCESS THAT WENT THROUGH THE NORTH COUNTY PLAZA DEVELOPMENT OVER TO THE SITE THE PROJECT SITE, AS WELL AS BRIDGE ACCESS EASEMENTS THROUGH THE RING ROAD AND UP ACROSS THE PROJECT SITE WHERE YOU SEE THE CURRENT BRIDGE CONFIGURATION IN THE CITY OF OCEANSIDE.

THOSE EASEMENTS WERE RECORDED AND DEVELOPED.

THE OTHER EASEMENT THAT IS RECORDED IS A TWENTY FIVE FOOT BUFFER ALONG THE CREEK CHANNEL.

AND THIS WAS ALL IN ACCORD IN ACCORDANCE WITH AN AGREEMENT WHERE THE WILDLIFE AGENCIES OR THE CALIFORNIA DEPARTMENT OF FISH WILDLIFE TO DREDGE THE LAGOON AND PLACE THE SPOILS UP ONTO THE CURRENT SITE.

THAT TWENTY FIVE FOOT WETLAND BUFFER EASEMENT THAT WE DISCUSSED HAS BEEN WITH THIS PROJECT HAS BEEN INCREASED TO A ONE HUNDRED FOOT.

SO THAT IS AN IMPROVEMENT TO THE PROPOSED PLAN BASED ON FROM WHAT WAS ORIGINALLY APPROVED.

THAT IS THE MOST I HAVE ON THAT.

PERHAPS THE APPLICANT CAN ALSO SPEAK TO ANY OTHER QUESTIONS YOU HAVE REGARDING THAT AGREEMENT.

OK, COMMISSIONER LAFFERTY.

THAT'S HELPFUL.

THE OTHER QUESTION THAT I HAD WAS IN THE BRIEF ON PAGE TWO, IT SAYS THAT THE HMP WAS.

[00:50:01]

REDUCED.

OH, THE WETLAND BUFFER WAS REDUCED AND SO I'M ONE WONDERING WHAT THE CURRENT HMP IS REQUESTING AND WHAT HAS BEEN REDUCED FOR THE WETLAND BUFFER.

YES, AND THE APPLICANT'S PRESENTATION WILL PROBABLY COVER A LOT OF THIS AS WELL, BUT IN OUR CASE, WE REQUIRE THE HMP REQUIRES A HABITAT BUFFER OF ONE HUNDRED FEET FROM WETLANDS OR JURISDICTIONAL WETLANDS.

IN THIS CASE, THE PROJECT DOES PROVIDE FOR THAT THROUGH CARLSBAD.

IT ALSO ALLOWS FOR MODIFICATIONS TO THAT BUFFER IN CONSULTATION WITH THE CALIFORNIA DEPARTMENT I'M SORRY, WITH THE WILDLIFE AGENCIES, THAT BEING THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND THE US FISH AND WILDLIFE SERVICE, AS WELL AS THE CALIFORNIA COASTAL COMMISSION, THOSE THROUGH THE EIR PROCESS, THOSE CONSULTATIONS WERE HAD A REDUCED BUFFER IN THE FORM OF WE STILL HAVE THE PROJECT ITSELF IS STILL SET BACK OFF OF THE LAGOON OR OFF OF THE WETLAND BY ONE HUNDRED FEET.

BUT WHAT IS BEING ALLOWED IS THE DRIVE ACCESS WAY WITHIN THAT BUFFER.

AND THUS FOR OUR PURPOSES, IT CONSTITUTES A REDUCED BUFFER IN THE SENSE THAT NO DEVELOPMENT IS SUPPOSED TO BE WITHIN THAT BUFFER.

AND SO IN THIS CASE, WILDLIFE AGENCIES AND THE COASTAL POSITION HAVE AGREED TO THAT BUFFER.

AND THEREFORE, THAT'S HOW IT'S DESCRIBED ON THE PLAN.

OK, SO YOU MENTIONED THAT, SO WHAT YOU'RE WHAT YOU'RE STATING IS THAT THE WILDLIFE BUFFER OF ONE HUNDRED FEET THAT'S REQUIRED BY THE CARLSBAD HMP IS REDUCED BECAUSE OF THE ACCESS DRIVE.

THAT'S CORRECT.

AND THE ACCESS DRIVE IS THAT FOR WHAT PURPOSES? I UNDERSTAND THAT IT'S A TRAIL AND AN ACCESS DRIVE.

CAN YOU DESCRIBE THAT? YEAH.

THAT THE ACCESS PROVIDES EMERGENCY SERVICES, THAT PROVIDES PEDESTRIAN TRAILS AND IT ALSO PROVIDES SERVICES FOR OUR CONTINUED WITH THE CITY OF CARLSBAD CONTINUED MAINTENANCE OF THE CREEK CHANNEL.

ONE ASPECT OF THIS THAT'S NOT BEING DISCUSSED IS THAT THE CREEK CHANNEL IS A IS IT CONTINUED.

IT'S A FLOODWAY AND IT REQUIRES CONTINUED MAINTENANCE AND OPERATOR TO TO CLEAN OUT THAT HABITAT IN THERE.

SO THE WILDLIFE AGENCIES LOOK AT IT A LITTLE BIT DIFFERENT THAN WE DO ON A PRESERVE WHERE WE HAVE HARD LINES OR IT'S A STANDARDS AREA AND WE'RE HAVING TO MAKE EACH OF THESE STANDARDS.

SO THERE IS NO ISSUE WITH THE REDUCTION DOWN TO WHAT YOU SEE TODAY.

THAT'S GOOD.

WHERE IS THAT CONTINUED MAINTENANCE OF THIS WETLANDS AREA DEFINED? IN THE IN THE PACKET OF PLETHORA OF INFORMATION THAT YOU HAVE HELPED US UNDERSTAND? IT'S DESCRIBED ALL OVER IN THE EIR, IT'S ALSO DISCUSSED.

IN ONE OF THE EXHIBIT PACKAGES ARE ONE OF THE EXHIBIT SHEETS ON THE SET OF EXHIBITS THAT SHOWS THE STAGES THAT WE GO THROUGH THE CITY OF CARLSBAD DOES WHEN THEY GO IN THERE AND RESTORE OR CLEAR OUT THOSE.

IT'S IN A PHASED STANDPOINT AND IT'S NOTED AS YEAR ONE YEAR TWO YEAR THREE AND YEAR FOUR AND THAT WORK THAT'S BEING DONE IN THERE IS HANDLED BY OUR PUBLIC WORKS ENGINEERING DIVISION.

AND THEY HAVE AN EIR THAT'S SPECIFIC TO THAT MAINTENANCE THAT IS IS ROUTINELY UPDATED AND CERTIFIED.

SO WILL THIS DEVELOPMENT CHANGE THAT EIR WAS THAT EIR INCLUDED IN THIS PACKET? NO, THE REST OF THE MAINTENANCE OPERATIONS ITSELF WERE CONSIDERED AS PART OF OUR PROJECT THAT WE WORKED THROUGH WITH THE APPLICANTS, AND THAT HAS BEEN PRIMARILY THE MAJOR STICKING POINTS FOR US IS WAS ASSURING THAT OUR EASEMENTS WERE MAINTAINED AND THAT WE HAD UNFETTERED ACCESS TO THE CREEK SO THAT WE COULD CONTINUE THOSE FLOOD [INAUDIBLE] OPERATIONS AND MAINTENANCE PROTOCOLS.

BUT THAT EIR IS NOT ACTUALLY INCLUDED IN THIS, SO IT DOESN'T REALLY ACCOMMODATE THE CHANGES THAT COULD HAPPEN WITH THE SURCHARGE THAT'S HAPPENING FOR THE NEW DEVELOPMENT, IS THAT WHAT I'M UNDERSTANDING? IT DOESN'T REALLY RIGHT NOW IT'S VACANT LAND, SO WE'RE MAINTAINING THAT IT'S VACANT LAND RIGHT NOW, BUT THAT MAINTENANCE PROGRAM, VACANT LAND.

NOW, THE MAINTENANCE PROGRAM IS SPECIFIC TO THE CREEK CHANNEL.

IT'S NOT ANYTHING TO DO WITH THE PROJECT ITSELF.

[00:55:03]

WE STILL PROVIDE ACCESS TO THE PROJECT, TO THE MAINTENANCE CHANNEL SO THAT THE PUBLIC WORKS THE CITY OF CARLSBAD PUBLIC WORKS TEAM CAN CONTINUE TO OPERATE, AND THAT'S WHY WE'VE BEEN WORKING ON THIS PROJECT FOR 10 PLUS YEARS.

THIS HAS BEEN THE MAJOR DISCUSSIONS THAT HAVE CENTERED AROUND THIS PROJECT.

I VERY MUCH APPRECIATE THAT.

AND I DO SEE THE DILIGENCE THAT'S GONE INTO THIS PROJECT.

BUT I AM CONCERNED THAT WE STILL HAVE RUNOFF COMING INTO THIS CREEK FROM ADJACENT THE ADJACENT PROPERTY THAT'S ACTUALLY CURRENTLY VACANT.

AND SO THAT'S MY IT'S REALLY JUST MY CONCERN.

I'M TRYING TO UNDERSTAND HOW WE'RE GOING TO CONTINUE TO MAINTAIN THIS.

WHEN THIS DEVELOPMENT CHANGES, THE TYPE POTENTIALLY CHANGES THE TYPE OF MAINTENANCE THAT WE'RE GOING TO HAVE TO DO.

AND I'M WONDERING IF OUR CURRENT PUBLIC WORKS EIR IS ADDRESSING THE NEW DEVELOPMENT.

THAT'S WHAT I'M ASKING.

I BELIEVE THE CONSULTING TEAM THAT'S HERE FOR THE EIR WITH DUDEK, I BELIEVE THEY ARE THE CONSULTANT TEAM THAT OVERSEES THE EIR FOR THE CITY OF CARLSBAD.

I LOOK FORWARD TO HEARING THAT FROM THAT.

WE BETTER ANSWER THOSE QUESTIONS SPECIFICALLY.

THANK YOU.

I APPRECIATE THAT AS WELL.

MR. GOFF I'VE GOT A QUESTION FOR YOU IN REGARD TO THE EIR IN YOUR STAFF REPORT, YOU MADE THE COMMENT THAT THE CITY OF CARLSBAD IS A RESPONSIBLE AGENCY AND THE CITY OF OCEANSIDE HAD CERTIFIED.

COULD YOU CLARIFY FOR US THE RELATIONSHIP AS TO THE CITY OF CARLSBAD'SS RESPONSIBILITY? THE PROJECT ITSELF IS BEING IMPLEMENTED THROUGH THE CITY OF OCEANSIDE, THE CITY OF CARLSBAD.

HAVING PERMITS THROUGH OFF SITE IMPROVEMENTS ARE A PARTY TO THAT EIR IF YOU READ INTO THE EIR, WE ARE IDENTIFIED.

THEY ARE THE LEAD AGENCY.

WE ARE A RESPONSIBLE AGENCY.

THESE ARE OTHER AGENCIES THAT ARE REQUIRED TO ISSUE PERMITS ON THE PROJECT.

IF YOU CONTINUE INTO THE DOCUMENT, YOU WILL SEE ALL OF OUR PERMITS AND NUMBERS THAT WE HAVE LISTED HERE BEFORE YOU TODAY, ALL INCLUDED INTO THAT DOCUMENT AS WELL.

AND SO ONCE THAT DOCUMENT IS CERTIFIED AND APPROVED BY THE CITY OF OCEANSIDE, ALL THE REST OF THE AGENCIES THAT NEED TO ISSUE PERMITS UTILIZE THAT DOCUMENT.

AS PART OF THAT REVIEW, THE CITY OF CARLSBAD IS ALSO PARTY TO ALL OF THE REVIEW OF THAT DOCUMENT AND COMMENTED ON IT.

AND I KNOW WE WILL REPEAT IT, I BELIEVE THREE OR FOUR TIMES AND THROUGH SCREEN CHECK REVIEWS MADE COMMENTS ON IT TO THE POINT WHERE IT IS TO A POINT WHERE IT GETS APPROVED AND CERTIFIED.

COULD YOU PROVIDE TO US ALSO THE STATUS OF THE OCEANSIDE CITY OF OCEANSIDE 'S APPROVAL PROCESS AND WHERE THEY ARE AT THIS TIME? THE CITY OF OCEANSIDE HAS APPROVED, THE PROJECT WAS APPROVED IN JULY OF LAST YEAR.

JULY 27TH OF LAST YEAR THEY CERTIFIED THE EIR THE EIR WAS NOTICE OF TERMINATION WAS FILED WITH THE [INAUDIBLE].

AND WE'VE HAD NO FURTHER COMMENTS ON THAT.

THANK YOU, COMMISSIONER LUNA.

YOU'RE MUTED.

THERE YOU GO, GETTING THERE.

SO EITHER A MR. NEU OR MR. GOFF, SO THE FINAL HEARING BODY FOR THE JULY 27TH LETTER WENT AND RON WAS THE PC AND TO YOUR KNOWLEDGE, PRESERVE CALAVERA HAS NOT FILED ANY TYPE OF LITIGATION TO THAT DECISION.

THAT IS CORRECT.

OK, SO BECAUSE I DID RAISE A NUMBER OF ISSUES AND THEY JUST NEVER FOLLOWED UP LEGALLY QUESTIONING THE [INAUDIBLE] OK, OR THE DECISION FROM THE PLANNING COMMISSION, WHICH WAS THE FINAL HEARING BODY WITH RESPECT TO THIS PROJECT.

IS THAT CORRECT? [INAUDIBLE] THAT'S WHAT I THAT'S WHAT I UNDERSTAND IN TALKING WITH YOU.

RON ARE THEY PASSED THE STATUTE OF LIMITATION, THEIR TIME PERIOD.

[INAUDIBLE] OK, BECAUSE IT WAS A SUBSTANTIAL LETTER AND.

WELL, DO YOU HAVE AN OPPORTUNITY? THEY DID HAVE ADEQUATE OPPORTUNITY TO FOLLOW UP ON THIS LEGALLY IF THEY CHOSE TO.

OK, CONDITION NUMBER THIRTY THREE UNDER THE GRADING, SINCE MOST OF THE DEVELOPMENT ON OUR PORTION OF THE PROPERTY IS USED WITH RESPECT TO THE GRADING.

AND I THINK THIS IS A PRETTY SOLID CONDITION THAT I JUST WANTED TO HIGHLIGHT WITH RESPECT TO MY COLLEAGUES ON THE COMMISSION THAT IF THERE IS ANY OFF SITE GRADING,

[01:00:03]

INCLUDING OUTSIDE THE CITY OF CARLSBAD JURISDICTION, WHICH IS HIGHLIGHTED, NO GRADING FOR PRIVATE OR PUBLIC IMPROVEMENT SHALL OCCUR OF SAID LANDS OUTSIDE THE PROJECT UNLESS A DEVELOPER OBTAINS RECORDS AND SUBMITS A RECORDED COPY TO THE CITY ENGINEER, A TEMPORARY GRADING, CONSTRUCTION OR SLEEP SLOPE EASEMENT OR AGREEMENT FROM THE OWNERS RESPECTIVE PARTIES.

OK, THAT'S STANDARD.

WELL, IN THE EVENT THAT THEY DO WANT TO GO AHEAD AND THERE IS SOME OFF SITE GRADING THAT THEY CANNOT GET OR OBTAIN TEMPORARY GRADING OR SLOPE EASEMENT OR AGREEMENT FROM THE PARTY, THEN NO GRADING PERMIT WILL BE ISSUED.

IN THAT CASE, THE DEVELOPER MUST EITHER APPLY FOR AND OBTAIN AN AMENDMENT FOR THIS APPROVAL.

OR NUMBER TWO MODIFY THE PLANS, SO GRADING WILL OCCUR OUTSIDE THE PROJECT AND APPLY FOR AND OBTAIN A FINDING OF SUBSTANTIAL CONFORMANCE AND OR CONSISTENCY, DETERMINATION FROM BOTH THE CITY ENGINEER AND CITY PLANNER.

AND THAT CONDITION MAKES ME VERY, VERY COMFORTABLE WITH ANY OFF SITE ISSUES THAT WE MAY BE HAVING.

THERE'S A LOT OF HOOPS FOR THE DEVELOPER TO GO BETWEEN HERE, AND I THINK THERE'S A LOT OF DISCUSSION THAT WOULD BE OCCURRING WITH THE OTHER AFFECTED AGENCIES.

THE OTHER THING ON THE CORE REMINDERS UNDER SIXTY TWO, IN LIGHT OF THE PRESERVE CALAVERA LETTER ON THE GHD REDUCTION REQUIREMENTS, IF YOU GO DOWN TO ONE, TWO, THREE, FOUR, FIVE, FIFTH LINE, FIRST SENTENCE, WE ACKNOWLEDGE THAT THE REDUCTION REQUIREMENTS MAY BE DIFFERENT THAN WHAT IS PROPOSED ON THE PROJECT PLANS OR IN THE CHECKLIST ORIGINALLY SUBMITTED WITH THIS PROJECT.

THE DEVELOPER ACKNOWLEDGES, AND THIS IS WHAT WE'RE STATING, THAT THE DEVELOPER ACKNOWLEDGES THAT THE NEW GHD REDUCTION REQUIREMENTS RELATED TO AND I'LL SPARE YOU THE REST MAY IMPACT BUT ARE NOT LIMITED TO SITE DESIGN AND LOCAL BUILDING CODE REQUIREMENTS.

IF INCORPORATING GHD REDUCTION REQUIREMENTS RESULTS IN SUBSTANTIAL MODIFICATIONS TO THE PROJECT, THEN PRIOR TO ISSUANCE OF DEVELOPMENT, WHICH IS GRADING BUILDINGS THAT ARE [INAUDIBLE] THE DEVELOPER MAY BE REQUIRED TO SUBMIT AND RECEIVE APPROVAL OF A CONSISTENCY, DETERMINATION OR AN AMENDMENT THROUGH THIS PROJECT TO THE PLANNING DIVISION.

SO WE ARE ACKNOWLEDGING THAT THERE ARE NEW GHD REDUCTION REQUIREMENTS AND IN THE EVENT THAT THE DEVELOPER IS MEETING THESE REQUIREMENTS PURSUANT TO DESIGN AND LOCAL BUILDING CODE REQUIREMENTS, THAT THEY MAY HAVE TO COME BACK FOR AN AMENDMENT TO THIS PROJECT, TO THE PLANNING DIVISION.

SO THAT GIVES ME COMFORT.

ALSO, IN LIGHT OF THE PRESERVE CALENDAR LETTER, SO I JUST COULDN'T LET THOSE THOSE MATTERS GO UNSAID.

THE MEAT OF MOST PROJECTS AND LITIGATION IS MR. KEMP WILL TELL YOU IS WHAT THE CONDITIONS OF APPROVAL, NOT NECESSARILY WITH THE VERBIAGE IN THE STAFF REPORT.

AND I THINK THE CITY STAFF HAS DONE A GOOD JOB OF PROTECTING THE CITY IN LIGHT OF MAYBE WHATEVER ACTIVITY OCEANSIDE MAY BE DOING ON THEIR SITE ALSO.

SO I JUST WANTED TO CALL THAT OUT TO YOUR ATTENTION.

THANK YOU, COMMISSIONER LUNA.

COMMISSIONER SABELLICO.

THANK YOU, MR. GOFF, FOR THAT VERY THOROUGH PRESENTATION AND THE FACT THAT, YOU KNOW, THE STAFF HAS PREPARED, I WANTED TO ASK BECAUSE, YOU KNOW, THE STAFF RECOMMENDATION IS TO RECOMMEND APPROVAL AND IT'S LISTED AS A LEGISLATIVE AND A QUASI JUDICIAL ACTION, THE LEGISLATIVE ACTION BEING THE GENERAL PLANNING AMENDMENT THE ZONING CHANGE, AND THAT WILL GO TO THE CITY COUNCIL FOR APPROVAL.

BUT THE QUASI JUDICIAL IS ESSENTIALLY EVERYTHING ELSE IS THAT WHAT I UNDERSTAND IT TO BE MR. KEMP.

YEAH THE ONLY PEOPLE WHO CAN TAKE QUASI LEGISLATIVE ACTION WOULD BE THE COUNCIL, SO THE QUASI LEGISLATIVE ACTIONS DO NEED TO BE APPROVED BY COUNCIL.

WE'RE DOING BOTH OF THESE, NOT SEPARATELY, BUT AT THE SAME TIME.

RIGHT, WELL, WHAT YOU'VE GOT HERE IS A REQUEST FOR A RECOMMENDATION OF APPROVAL FOR A GENERAL PLAN AMENDMENT ZONE CHANGE AND LOCAL COASTAL PROGRAM AMENDMENT.

SO WHEN ONE ACTION IS GOING TO THE COUNCIL, THE USUALLY THE ENTIRE ACTION WILL GO FOR THEM FOR APPROVAL.

OK, THANK YOU.

EXCELLENT.

THANK YOU.

ANY OTHER QUESTIONS OF STAFF AT THIS MOMENT IN TIME? DOES THE APPLICANT WISH TO MAKE A PRESENTATION? YES, SIR, MR. CHAIR.

[01:05:01]

WE VERY MUCH APPRECIATE IT.

AND WE WOULD LIKE TO BASICALLY FIRST INTRODUCE CEO OF AGENDA DEVELOPMENT TO WITH [INAUDIBLE].

GIVE A VERY BRIEF.

LET ME INTERRUPT REAL QUICK.

BEFORE YOU DO SO.

COULD YOU PROVIDE YOUR ADDRESS, PLEASE, MR. SEDLIK YES, THANK YOU.

MY NAME IS BARRY SEDLIK.

I'M AT 415 ELMWOOD DRIVE, PASADENA, CALIFORNIA 91105.

OK, AND WE'LL HAVE THE SAME WITH ALL YOUR OTHER PEOPLE WHO HAPPEN TO SPEAK ON THE AGENDA ON THE ITEM.

THANK YOU.

OK, THANK YOU, MR. CHAIR.

YES.

SO BRIEFLY, WE'LL HAVE A CEO.

GIVE A VERY BRIEF.

OPENING REMARKS, AS WAS MENTIONED, PROJECT HAS BEEN IN THE WORKS FOR MORE THAN 10 YEARS AND IS VERY COMPLEX.

SO WHAT WE'VE DONE IS ABOUT A 15 MINUTE PRESENTATION AND IT TAKES YOU THROUGH THE WHOLE PROJECT AND INCLUDING THE VISUALIZATION SO YOU CAN SEE WHAT IT IS.

SO HOPEFULLY THAT WOULD ANSWER MOST OF THE QUESTIONS.

BUT WE DO HAVE ON OUR SUBJECT MATTER EXPERTS AVAILABLE TO ANSWER ANY PARTICULAR QUESTIONS THAT I'D LIKE TO TURN IT OVER TO JIMMY ELEOPOULOS AND MELISSA AFTERWARDS, IF YOU COULD TURN IT BACK TO ME AND THEN I CAN RUN THE PRESENTATION.

THANK YOU.

THANK YOU.

THANK YOU.

MY NAME IS JIMMY ELEOPOULOS THE CEO OF JENNA DEVELOPMENT, ME AND MY TEAM HAVE BEEN WORKING ON THIS THING.

SIR, YOUR ADDRESS, PLEASE.

YES, MY ADDRESS IS 1860 OBISPO AVENUE UNIT F SIGNAL HILL, CALIFORNIA, 90755.

APPRECIATE IT.

AGAIN, WE'VE BEEN WORKING ON THIS PROJECT FOR MORE THAN 10 YEARS.

THE IN THE BUENA VISTA CREEK PROJECT.

DURING THAT TIME, WE'VE HAD MORE THAN 50 COMMUNITY MEETINGS WITH A WIDE RANGE OF LOCAL GROUPS, INDIVIDUALS OF FEDERAL, STATE AND LOCAL GOVERNMENT DEPARTMENTS TO UNDERSTAND AND RESPOND TO THE CONCERNS AND WISHES OF THE COMMUNITIES IN OCEANSIDE AND CARLSBAD.

AS A CONSEQUENCE, WE'VE EVOLVED THE PROJECT THROUGH TWENTY SEVEN SITE PLANS TO ADDRESS THOSE CONCERNS.

WE ARE HIGHLY CONFIDENT THAT THE INNS AT BUENA VISTA CREEK WILL BE AN ASSET TO THE COMMUNITY SUPPORTING LOCAL BUSINESS, TOURISM, COMMERCE, AS WELL AS REHABILITATE THE DEGRADED STRETCH OF BUENA VISTA CREEK THAT HAS BEEN AN EYESORE FOR MORE THAN 50 YEARS.

EXCUSE ME.

WE ARE GRATEFUL TO HAVE THE OPPORTUNITY TO WORK WITH CARLSBAD CITIES STAFF WHO HAVE BEEN HIGHLY PROFESSIONAL AND THOROUGH IN THE REVIEW AND SUGGESTIONS FOR THE PROJECT.

WE HAVE ALL OF THE SUBJECT MATTER EXPERTS AVAILABLE THIS AFTERNOON TO ADDRESS ANY QUESTIONS YOU MAY HAVE.

WE THANK THE CITY OF CARLSBAD FOR THE OPPORTUNITY TO MAKE OUR PRESENTATION TO YOU AND LOOK FORWARD TO BEING A VALUED MEMBER OF THE CARLSBAD COMMUNITY.

THANK YOU.

THANK YOU.

OK, THANK YOU SO, MELISSA.

IS IT OK FOR ME TO SHARE THE SCREEN AND RUN THE PRESENTATION NOW? YES.

OK, THANK YOU.

SO I'LL RUN THE PRESENTATION RIGHT NOW.

IT'S 15 MINUTES.

THANK YOU.

THANK YOU .

MR. [INAUDIBLE] IS THERE AUDIO? YES.

OK.

HOLD ON.

OK CAN YOU HEAR ME? I CAN HEAR YOU.

OK, LET ME TRY RUNNING THIS AGAIN.

I'M SORRY.

THANK YOU.

THANK YOU.

CAN YOU HEAR IT NOW? NO, NO.

OK.

OK, [INAUDIBLE] I THINK THERE MAY BE AN OPTION UP AT THE TOP WHERE YOU CAN SELECT TO SHARE AUDIO, IT'S A LITTLE DROPDOWN ARROW ANYWHERE AT THE TOP OF YOUR SCREEN WHEN YOU SHARE.

IT SAYS VIEWER SCREEN SHARING STOP SHARE.

IT MIGHT BE WHEN YOU SELECT TO SHARE YES, THAT ONE.

OK.

THANK YOU SO MUCH.

NO, THANK YOU, MS. FLORES.

THANK YOU.

YOU'RE WELCOME.

HEAR THAT.

[01:12:02]

[VIDEO] IN THE INTEREST OF TIME, WE WILL FOCUS OUR PRESENTATION ONLY ON FOUR KEY TOPIC AREAS, INCLUDING A SUMMARY OF THE PROJECT HISTORY AND OBJECTIVES AN OVERVIEW OF OUTREACH AND COLLABORATION EFFORTS, THE EVOLUTION OF THE SITE DESIGN AND THE PROJECT BENEFITS.

OUR PROJECT TEAM, INCLUDING OUR TECHNICAL EXPERTS, ARE ALSO HERE IN OUR VIRTUAL SETTING.

SHOULD THE COMMISSION HAVE ANY QUESTIONS? OVER 10 YEARS OF WORK HAVE BEEN DEVOTED TO THE PLANNING, DESIGN AND OUTREACH FOR THE INNS AT BUENA VISTA CREEK PROJECT.

THIS FIRST SLIDE PROVIDES A SUMMARY OF THE PROJECT'S HISTORY OVER THE PAST DECADE IN 2007 JENNA DEVELOPMENT PURCHASED THE PROPERTY AND IN LATE 2009, THE PROJECT DESIGN TEAM WAS ASSEMBLED IN 2010.

THE PROJECT TEAM BEGAN COMMUNITY OUTREACH AND COMMISSIONED A MARKET ANALYSIS TO HELP DETERMINE THE BEST USE OF THE PROPERTY OVER THE COURSE OF 11 YEARS.

THE TEAM WORKED WITH THE CITY OF OCEANSIDE AND CITY OF CARLSBAD STAFF ON 10 PROJECTS, SUBMITTALS SHOWN HERE AS [INAUDIBLE] IN BLUE AND GREEN, WHICH INCLUDED A TOTAL OF [INAUDIBLE] TO THE CITY OF OCEANSIDE AND [INAUDIBLE] TO THE CITY OF CARLSBAD, APPROXIMATELY FIVE YEARS WAS SPENT BETWEEN 2011 AND 2016, WORKING WITH AGENCIES AND LOCAL STAKEHOLDERS TO DEVELOP A WETLAND BUFFER DESIGN IN 2017.

THE PROJECT TEAM COORDINATED EXTENSIVELY WITH CALTRANS REGARDING THE INTERFACE OF THE PROJECT WITH THE POTENTIAL 78 FREEWAY EXPANSION THEN IN 2018 THE PROJECT TEAMWORK, THE [INAUDIBLE] AND THE CARLSBAD MUNICIPAL WATER DISTRICT REGARDING WATER SERVICE ANNEXATION AND ALSO WORKED ON A FEASIBILITY STUDY FOR CREEK MAINTENANCE.

LASTLY, AND MORE RECENTLY, OVER THE LAST SEVERAL YEARS, THE PROJECT WORKED WITH THE CITIES OF OCEANSIDE AND THE CITY OF CARLSBAD ON THE PROJECTS FLOOD HAZARD ANALYSIS.

WE THINK IT'S IMPORTANT TO HIGHLIGHT THE PROJECT OBJECTIVES THAT GUIDED THE PROJECT DESIGN AND DEVELOPMENT AS SHOWN ON THIS SLIDE, THE OBJECTIVES FOR THE PROJECT INCLUDE.

ENHANCE ECONOMIC VIABILITY, SUPPORT LOCAL TOURISM, INTEGRATE THE PROJECT WITH THE SURROUNDING AREA, SUPPORT NEIGHBORING COMMERCIAL USES, CREATE A PEDESTRIAN FRIENDLY DESIGN, INTEGRATE THE CREEK AS A PRIMARY AMENITY, PROVIDE APPROPRIATE BUFFERING ADJACENT TO THE BUENA VISTA CREEK.

HONOR NATIVE AMERICAN HISTORY AND SUPPORT EFFORTS FOR RESTORATION AND CREEK MAINTENANCE.

THE PROJECT REPRESENTS THE CULMINATION OF NEARLY 10 YEARS OF COMMUNITY AND AGENCY INPUT, AS WELL AS A COMPREHENSIVE ENVIRONMENTAL REVIEW PROCESS.

IN TOTAL, OVER 50 MEETINGS WERE HELD TO SOLICIT INPUT FROM CITY REPRESENTATIVES, STATE REPRESENTATIVES, RESOURCE AGENCIES AND THE COMMUNITY SHOWN HERE ARE A FEW OF THE

[01:15:04]

LOCAL ENVIRONMENTAL GROUPS AND AGENCIES WHICH WERE CONSULTED.

KEY ISSUES RAISED THROUGHOUT THE OUTREACH PROCESS INCLUDED THE PROTECTION OF NATURAL RESOURCES, HABITAT RESTORATION, WETLAND BUFFER DESIGN, FLOOD PROTECTION, INCREASED MAINTENANCE, PEDESTRIAN CONNECTIVITY, DEVELOPMENT INTENSITY AND PUBLIC VIEW HEADS, AND THE INTERFACE WITH THE SR 78 FREEWAY EXPANSION.

THE PROPOSED SITE PLAN HAS CONTINUALLY EVOLVED OVER TIME IN RESPONSE TO SEVERAL COMMUNITY AND AGENCY OUTREACH EFFORTS.

APPROXIMATELY TWENTY SEVEN DIFFERENT ITERATIONS OF THE PROJECT SITE PLAN.

WE'RE PREPARED TO ADDRESS INPUT FROM INTERESTED PARTIES AND GOVERNMENTAL AGENCIES.

SEVERAL CHANGES AND REVISIONS HAVE BEEN INTEGRATED INTO THE DESIGN AS A RESULT OF PUBLIC COMMENTS, INCLUDING THE INCORPORATION OF SITE PLAN DESIGN MODIFICATIONS TO MINIMIZE THE DEVELOPMENT FOOTPRINT.

INCORPORATION OF NATIVE LANDSCAPING AND HABITAT RESTORATION, LIGHT AND NOISE MITIGATION.

REVISIONS TO THE WETLAND BUFFER DESIGN, WHICH INCLUDED THE EXPANSION OF THE BUFFER FROM TWENTY FIVE FEET TO ONE HUNDRED FEET, REMOVAL OF WATER QUALITY BASINS AND PAVED ROADS FROM THE BUFFER.

AS WELL AS INCORPORATION OF LINKAGES TO THE TRANSIT CENTER AND BUENA VISTA LAGOON.

FLOOD PROTECTION AND MITIGATION AND ACCESS FOR CREEK MAINTENANCE.

AND COORDINATION WITH CALTRANS DO NOT PRECLUDE THE SR 78 EXPANSION.

NEXT, WE WILL DISCUSS THE EVOLUTION OF THE SITE DESIGN.

THE ORIGINAL DESIGN OF THE SITE WAS CONTINGENT UPON RECORDED AGREEMENT, SPECIFICALLY A 1982 AGREEMENT MADE WITH THE COASTAL COMMISSION AND THE DEPARTMENT OF FISH AND WILDLIFE, WHICH INCLUDED NOT ONLY THE REMOVAL OF EIGHTY FIVE THOUSAND CUBIC YARDS OF SOIL FROM THE SITE, BUT ALSO A TWENTY FIVE FOOT BUFFER FROM THE BUENA VISTA CREEK AS SHOWN ON THE SLIDE.

THE ORIGINAL SITE PLAN INCLUDED THE REQUIRED BUFFER AS SHOWN AS A RED DASH LINE, AS WELL AS ON GRADE PARKING, THREE HOTELS, FOUR STORIES HIGH AN OFFICE BUILDING AND TWO BRIDGES CROSSING OVER THE BUENA VISTA CREEK.

OVER THE COURSE OF SEVERAL YEARS AND MULTIPLE SITE PLAN ITERATIONS, THE SITE WAS REDESIGNED IN RESPONSE TO AGENCY AND STAKEHOLDER INPUT.

THE BUFFER WAS EXPANDED TO ONE HUNDRED FEET IN ALL HOTEL BUILDINGS WERE SHIFTED AWAY FROM THE CREEK BY AN ADDITIONAL SEVENTY FIVE FEET.

THE MAJORITY OF THE PARKING WAS CONSOLIDATED IN A CENTRAL PARKING STRUCTURE AS SHOWN HERE IN GREY THE HOTEL.

FOOTPRINT'S WERE REDUCED AND THE NUMBER OF FLOORS WERE SLIGHTLY INCREASED TO ADJUST FOR THE WIDER BUFFER AREA.

THE OFFICE BUILDING WAS REMOVED AND A MEETING PAVILION WAS ADDED.

AND LASTLY, ONE BRIDGE WAS ELIMINATED FROM THE ORIGINAL DESIGN, LEAVING ONLY ONE PROPOSED BRIDGE CROSSING ACROSS BUENA VISTA CREEK.

THE RENDERINGS SHOWN ON THIS SLIDE IS AN AERIAL VIEW FROM OVER JEFFERSON LOOKING NORTH, AS YOU CAN SEE FROM THE SLIDE, THE PROJECT PROVIDES TWO POINTS OF VEHICULAR AND PEDESTRIAN ACCESS.

THE HEIGHT OF THE PROPOSED HOTELS WILL RANGE FROM 50 TO 75 FEET WITH TRANSITIONAL HEIGHT AND BUILDING [INAUDIBLE].

THE PROJECT IS DESIGNED TO PROVIDE A CONVENIENT AND INVITING PEDESTRIAN EXPERIENCE CONNECTING THE PROJECT TO THE TRANSIT CENTER AND WALL.

POOL DECK AMENITIES WILL ALSO BE PROVIDED OVERLOOKING THE CREEK AND NATURAL LANDSCAPE BUFFER.

LASTLY, AS MENTIONED EARLIER, ALL HOTELS WILL BE LOCATED AT LEAST ONE HUNDRED FEET AWAY FROM THE CREEK.

AND IN PARTICULAR, THE EMBASSY SUITES WILL BE LOCATED OVER FOUR HUNDRED AND SEVENTY FEET AWAY FROM THE LAGOON.

THIS SLIDE DEPICTS A RENDERING OF THE EMBASSY SUITES AND HAMPTON INN AS VIEWED FROM NORTH COUNTY PLAZA ACROSS THE BUENA VISTA CREEK.

AS SHOWN IN THIS PICTURE, THE HILTON BRANDED HOTELS WILL BE ENHANCED WITH COASTAL CRAFTSMEN ARCHITECTURAL THEMES.

ALL HOTELS WILL INCLUDE ENHANCED GUEST AMENITIES SUCH AS RESTAURANTS, BARS, FITNESS CENTERS AND MEETING SPACES.

IN REGARD TO ARCHITECTURE, PERIMETER CABLE AND [INAUDIBLE] HAVE BEEN INCORPORATED INTO THE HOTEL DESIGNS TO SCREEN ROOFTOP EQUIPMENT.

THE HOTEL ALSO INCLUDES ARTICULATED TOWERS WITH CONCRETE [INAUDIBLE] AND EXTERIOR FENESTRATION AND GLAZING TREATMENTS DESIGNED TO PREVENT BIRD STRIKES.

THE PROPOSED PARKING STRUCTURE IS DESIGNED WITH FOUR HUNDRED AND THIRTY TWO PARKING STALLS ON FOUR LEVELS ENHANCED WITH ARCHITECTURAL AND LANDSCAPE ARTICULATION, CONCRETE [INAUDIBLE] TOWERS AND VINE LATTICE SCREENING.

IN ADDITION TO THE ARCHITECTURAL FEATURES, THE PROJECT'S LANDSCAPE DESIGN WAS AN EQUALLY CRITICAL COMPONENT GIVEN THE SITE'S PROXIMITY TO THE BUENA VISTA CREEK, SIX KEY OBJECTIVES GUIDED THE PROJECT'S LANDSCAPE DESIGN.

THE FIRST OBJECTIVE WAS TO INTEGRATE THE CREEK AS A PRIMARY DESIGN FEATURE AND

[01:20:02]

AMENITY.

OUR TEAM EMPLOYED CALIFORNIA NATIVE PLAN EXPERT AND RESTORATION SPECIALIST GREG RUBENS, WHO IS KNOWN FOR HIS GIFT FOR CREATING NATIVE HABITATS THROUGHOUT THE SOUTHERN CALIFORNIA REGION.

WE COLLABORATED EXTENSIVELY WITH GREG TO USE NATIVE PLANTING'S, DROUGHT TOLERANT SPECIES, AS WELL AS BIO FILTRATION AND MITIGATION VEGETATION THROUGHOUT THE SITE.

THE SECOND OBJECTIVE WAS TO PROVIDE LANDSCAPE OFFERING, RESTORE THE CREEK AND PROVIDE ACCESS FOR CREEK MAINTENANCE AND EMERGENCY USE.

THIS WAS ACCOMPLISHED THROUGH A THOUGHTFULLY DESIGNED COASTAL SEDGE SCRUB AND TRANSITIONAL WETLAND REVEGETATION PLAN WITHIN THE BUFFER AREA, AS WELL AS PROVIDING A LANDSCAPE GRASSTREE PATHWAY INCORPORATED FOR ANNUAL CREEK MAINTENANCE, ACCESS AND EMERGENCY USE.

THE THIRD OBJECTIVE WAS TO CREATE A PEDESTRIAN FRIENDLY DESIGN CAMPUS WITH ACCESSIBLE CONNECTIVITY AND LINKAGES TO NEARBY SITE AMENITIES.

THE SITE INCLUDES ACCESSIBLE PEDESTRIAN DOOR-TO-DOOR CONNECTIONS AND WALKWAY LINKAGES TO ALLOW PEDESTRIAN ACCESS TO ALL THE NEARBY AREAS.

THE FOURTH OBJECTIVE WAS TO ENHANCE THE COASTAL CRAFTSMAN STYLE ARCHITECTURE, THE COMMON LANDSCAPE AREAS AND SURFACE PARKING AREAS.

WE HAVE DESIGNED A CONSISTENT NATIVE AND DROUGHT TOLERANT PLANT PALETTE THAT WILL BE UTILIZED THROUGHOUT THE PROJECT TO CREATE CONNECTIVITY BETWEEN ALL OF THE HOTEL AREAS.

THE FIFTH OBJECTIVE WAS TO HONOR NATIVE AMERICAN HISTORY.

WE ACCOMPLISHED THIS BY INCORPORATING THE USE OF INTERPRETIVE SIGNAGE TO EDUCATE AND INFORM HOTEL GUESTS AND VISITORS ABOUT THE NATIVE AMERICAN HERITAGE AND THE LOCAL NATIVE ENVIRONMENT.

WE WILL ALSO BE USING BOTANICAL SIGNAGE, IDENTIFYING THE INDIGENOUS PLANTS AND THEIR RELATIONSHIP TO THE NATIVE AMERICAN CULTURE.

THE LAST OBJECTIVE WAS TO PROMOTE WATER CONSERVATION AND SOIL IMPROVEMENT, THE PROJECT'S IRRIGATION WOULD BE DESIGNED TO CONSERVE WATER IN A MANNER CONSISTENT WITH OR EVEN MORE EFFICIENT THAN STANDARD.

WE WILL ALSO BE REMOVING THE SALINE SOILS AND PROVIDING IMPORTED SUITABLE SOIL AND AMENDMENTS WITH VITAL NUTRIENTS AND MICRONUTRIENTS TO THE SITE FOR HABITAT RESTORATION PURPOSES.

AN IMPORTANT COMPONENT OF THE PROJECT DESIGN ARE THE ENGINEERING ELEMENTS THAT ENABLE THE SITE TO BE CONSTRUCTED IN A MANNER THAT IS BOTH SENSITIVE TO ITS SURROUNDINGS AND THE SITE CONSTRAINTS.

THE SLIDE ILLUSTRATES SOME OF THE KEY FEATURES OF THE SITE'S GRADING AND DRAINAGE DESIGN.

SPECIFICALLY, A BRIDGE CROSSING HAS BEEN DESIGNED WITH ONE HUNDRED AND SEVENTY FOOT SPAN OVER THE BUENA VISTA CREEK TO MINIMIZE IMPACTS TO CREEK RESOURCES.

SO THIS AMENDMENT WILL OCCUR WITH SITE GRADINGS, WETLAND BUFFER AND LANDSCAPE AREAS TO PROVIDE SUITABLE SOIL FOR HABITAT RESTORATION.

THE PROJECT DESIGN ALSO INCLUDES RAISING UP THE BUILDING PADS TO PROVIDE FLOOD PROTECTION FOR THE HOTELS FROM BUENA VISTA CREEK AND LOWERING THE GRADE OF THE WETLAND BUFFER AREA TO CREATE ADDITIONAL ON SITE CAPACITY FOR POTENTIAL FLOODING, MINIMIZING THE IMPACTS, THE PROJECT AND ADJACENT, UPSTREAM AND DOWNSTREAM PROPERTIES.

IN REGARD TO THE DRAINAGE THE SITE HAS BEEN DESIGNED TO DRAIN TO THE BUENA VISTA CREEK, HOWEVER, ALL DRAINAGE ON IMPERVIOUS AREAS WILL BE ROUTED TO BIO A RETENTION BASINS FOR WATER QUALITY TREATMENT AND A FILTER POLLUTANTS AND SEDIMENTS PRIOR TO ENTERING BUENA VISTA CREEK.

THIS SLIDE ILLUSTRATES THE PROJECT'S WATER AND SEWER SYSTEMS IN REGARDS TO WATER.

THE PROJECT'S WATER SYSTEM WILL BE LOOPED TO THE MALL'S EXISTING WATER SYSTEM WITH CONNECTION POINTS FROM THE BRIDGE ENTRY AND JEFFERSON STREET.

WATER WILL BE SERVED BY THE CARLSBAD MUNICIPAL WATER DISTRICT.

IN REGARDS TO SEWER TWO SEWER SERVICE, OPTIONS ARE INCLUDED IN THE PROJECT WHICH CONNECT TO EXISTING OCEANSIDE SEWER FACILITIES.

OPTION ONE INCLUDES A NORTHERN ALIGNMENT CROSSING THE 78 FREEWAY.

AND OPTION TWO INCLUDES [INAUDIBLE] ALIGNMENT EXTENDING INTO THE MALL'S RING ROAD.

WE THOUGHT WE WOULD CONCLUDE THIS PRESENTATION WITH A SUMMARY OF THE PROJECT BENEFITS, THE PROJECT PROVIDES SEVERAL BENEFITS, INCLUDING LOCAL ECONOMIC BENEFITS, WHICH INCLUDE AN INCREASE IN HOTEL TAX REVENUES AND INCREASE IN LOCAL JOBS.

AN INCREASE IN TOURISM TO THE AREA, AS WELL AS PROVIDING SUPPORT TO [INAUDIBLE] AND ENTERTAINMENT LAND USES.

THE PROJECT ALSO PROPOSES RESTORATION AND PRESERVATION OF SURROUNDING NATURAL RESOURCES.

ENHANCED OPEN SPACE AREAS AND SUSTAINABLE HOTEL OPERATIONS.

THE PROJECT REDUCES FLOOD POTENTIAL TO THE SITE AND ADJACENT PROPERTIES THROUGH THE IMPLEMENTATION OF NEW DRAINAGE IMPROVEMENTS.

[01:25:02]

LASTLY, THE PROJECT PROMOTES PEDESTRIAN CONNECTIVITY WITH SEVERAL PATHWAYS SHOWN HERE IN PINK.

AS I MENTIONED EARLIER IN THE PRESENTATION, PROPOSED PROJECT REPRESENTS THE CULMINATION OF NEARLY 10 YEARS OF DESIGN MODIFICATIONS AND AGENCY AND COMMUNITY OUTREACH.

NUMEROUS PROJECT REVISIONS HAVE BEEN REFLECTED IN THE PROPOSED PROJECT AS A RESULT OF VALUABLE AGENCY AND COMMUNITY INPUT.

WE THANK YOU VERY MUCH FOR YOUR TIME.

PROJECT TEAM IS AVAILABLE FOR ANY FURTHER QUESTIONS.

GREAT, OKAY.

WELL, THANK YOU VERY MUCH, COMMISSIONER.

WE REALLY APPRECIATE THE OPPORTUNITY AND WE TRIED SO MUCH INFORMATION, WE THOUGHT THAT'S THE MOST EFFECTIVE WAY TO GET IT ACROSS TO YOU.

WE DO HAVE ALL OUR SUBJECT MATTER EXPERTS HERE.

AND TO FACILITATE THE EXPEDITIOUS REVIEW EACH IN THEIR AREA, AS A QUESTION COMES UP, THEY WILL RAISE THEIR HAND TO RESPOND BECAUSE IT WILL BE THE EXPERT IN THAT PARTICULAR AREA.

SO ANY QUESTIONS? YOU HAVE TO COVER THE FULL GAMUT OF ANYTHING THAT CAN COME UP.

THANK YOU, MS. BY OUR OUR TEAM MEMBERS TO STATE YOUR NAME AND ADDRESS FOR BEING RECOGNIZED.

THANK YOU VERY MUCH, COMMISSIONERS, QUESTIONS OF THE APPLICANT? COMMISSIONER LAFFERTY? THANK YOU FOR THE PRESENTATION.

THE DRAWING C3, WHICH IS THE CONCEPTUAL GRADING PLAN.

IT SHOWS A LINE CONNECTING WELL, KIND OF ADJACENT TO THE NEW GREEN PATHWAY THAT'S ON THE PROPERTY LINE THAT WELL, I GUESS IT'S THE FIRE MAINTENANCE.

PATHWAY AND IT RUNS BETWEEN THE BUILDINGS OR AROUND THE BUILDINGS, AND IT SAYS H THREE FEET, H FOUR FEET, H SIX FEET AND CONTINUES ON BETWEEN BUILDING H ONE AND H TWO.

CAN YOU DESCRIBE WHAT THAT LINE MEANS AND WHAT THAT IS? BECAUSE I DON'T SEE A IT SAYS RETAINING WALL, STONE WALL.

IS THAT WHAT IT IS? SO BASICALLY, THERE'S A THREE TO SIX FOOT SEPARATION BETWEEN THE BUILDINGS AND THE CREEK BED; IS THAT CORRECT? YES, THIS IS TED PATONE WITH HUNSECKER AND ASSOCIATES.

ADDRESS IS [INAUDIBLE] IRVINE, CALIFORNIA, 92618.

THAT IS CORRECT.

THERE IS A RETAINING WALL THAT SEPARATES THE BUILDING FROM THE WETLAND BUFFER AREA, WHICH YOU SEE THE APPROXIMATELY THREE TO SIX FEET OF ELEVATION DIFFERENCE OK, SO THAT MEANS THAT THE WETLAND BUFFER IS THREE TO SIX FEET BELOW THE ACTUAL BUILDING PAD? IS THAT CORRECT? THAT'S CORRECT.

SO THE PRESENTATION MADE A DEAL ABOUT HOW THERE WAS A LOT OF CONNECTIVITY.

SO WITH A THREE TO SIX FOOT RETAINING WALL, HOW DOES THE HOTEL SITE CONNECT TO THE WATER? AND WHAT IS BEING DONE TO BE ABLE TO CREATE THAT CONNECTIVITY IF THERE'S A BIG WALL THERE? CONNECTIVITY IS THROUGH THE INTERNAL WALKWAYS THAT CONNECT TO THE FIRE ACCESS AND TRAIL THAT GOES THROUGH THE WETLAND BUFFER AREA, THE RESOURCE AGENCIES ALSO WANT TO LIMIT HUMAN CONTACT, THAT WETLAND BUFFER FOR THE SENSITIVE SPECIES IN THERE.

SO IT'S A WAY TO OBSERVE IT FROM THE FOOD DECK WITHOUT NECESSARILY INTERFERING WITH THE NATURE THAT'S IN THAT BUFFER AREA.

AND THERE'S ALSO, I BELIEVE THERE'S NO OTHER ACCESS POINTS AND VIEWING POINTS FROM THE BRIDGE OVER THE WETLAND BUFFER AREA SO THAT THEY CAN ENJOY THE NATURAL SCENERY.

SO BASICALLY, LOOK, NOT TOUCH.

IS THAT WHAT YOU'RE SAYING? WELL, IT'S LOOKING TO ALSO BE ABLE TO WALK THROUGH THE PEDESTRIAN TRAIL.

AND.

I GUESS THAT MY QUESTION IS NONE OF THE BUILDINGS ARE REALLY ORIENTED TO THE WATER, THEY'RE ALL ORIENTED TO THE CENTER COURTS THAT YOU'RE CREATING, YOU KNOW, SO AND I'M ALSO REALIZING THAT YOU ONLY HAVE ONE SIDEWALK ON THAT BRIDGE AND NOT TWO SIDEWALKS OR NO BIKE PATHS OR ANYTHING.

SO I'M CONCERNED THAT ACCESS IS GOING TO BE A REAL PROBLEM FOR THIS SITE.

NUMBER ONE, FOR THE WATER AND HAVING ANY KIND OF RELATION WITH THE HOTEL AND THE WATERWAY.

I UNDERSTAND THE PROTECTION ASPECT OF IT, BUT I ALSO UNDERSTAND THAT YOU'RE

[01:30:03]

TRYING TO CREATE AND RESTORE WHAT YOUR DEVELOPER MENTIONED WAS AN EYESORE.

AND WE DON'T WANT AN EYESORE IN CARLSBAD WE WANT TO ACTUALLY HAVE IT WHERE IT'S ENGAGING, OK? AND WE WANT TO BE ENGAGED WITH THAT WATERWAY, BUT WE ALSO WANT IT PROTECTED.

SO I'M TRYING TO FIGURE OUT THIS BALANCE BECAUSE OF ACCESS.

AND THE ONLY WAY YOU'RE GOING TO GET THAT KIND OF PROTECTION IS BY HAVING PEOPLE ENGAGED AND INVOLVED IN THAT AREA INSTEAD OF CLOSING IT OFF AND, YOU KNOW, CREATING THESE BIG RETAINING WALLS AND LARGE HEIGHT SEPARATIONS.

SO I'M A LITTLE NERVOUS ABOUT THAT KIND OF CONNECTIVITY THAT YOU'RE TRYING TO PROMOTE, MR. BERGERSEN? GOOD AFTERNOON, TOM BERGERSON WITH AO ARCHITECTS, THE ARCHITECT OF THE PROJECT.

MY ADDRESS IS 144 NORTH ORANGE STREET, ORANGE, CALIFORNIA.

SO TO ANSWER YOUR QUESTION ABOUT THE CONNECTIVITY AND THE DESIGN AND ORIENTATION OF THE BUILDINGS, THE HOTELS ALL HAVE INTERIOR CORRIDORS SO THAT YOU HAVE ROOMS, GUEST ROOMS ON BOTH SIDES OF THE HOTELS, OF ALL THREE HOTELS.

SO APPROXIMATELY HALF OF THE GUEST ROOMS WILL BE FACING BUENA VISTA CREEK.

AND THEN ON THE WEST SIDE, THE EMBASSY SUITES, THERE ARE QUITE A NUMBER OF THOSE ROOMS THAT FACE OUT TO THE WEST AND FACE THE LAGOON.

BUT BECAUSE YOU HAVE GUEST ROOMS ON BOTH SIDES, SO ABOUT HALF THE ROOMS ARE FACING TO THE NORTH.

SO AS FAR AS THE ORIENTATION, THERE'S HALF THE ROOMS FACE THE CREEK, HALF THE ROOMS FACE WHAT YOU DESCRIBE THIS THE INTERIOR COURT, THEY ACTUALLY HAVE VIEWS.

THEY'LL BE HIGH ENOUGH THAT YOU'LL BE ABLE TO SEE OUT AND BEYOND TO THE NORTH, NORTHEAST, NORTHWEST.

IN REGARD TO CONNECTIVITY.

WE'RE DOING THE BEST WE CAN TO ADDRESS THE COMPETING DESIRES OF THE VARIOUS AGENCIES, THE RESOURCE AGENCIES.

SOME WANTED THE PEDESTRIAN PATHWAY TO BE DOWN INSIDE THE BUFFER.

SOME WANTED US OUTSIDE.

AND SO WHAT WE'VE DONE IS PROVIDED A CONNECTIVITY WITH A VISUAL CONNECTIVITY.

AND ALL ALONG THAT SOUTH EDGE OF THE THE DEVELOPMENT, YOU WILL HAVE A VIEW INTO THAT BIOLOGICAL BUFFER PLANNING BUFFER AND INTO THE CREEK.

SO AND THE REASON WHY THERE IS A SIDEWALK ON ONE SIDE AND WE DO HAVE A BIKE PATH ON THE BRIDGE AS WELL.

BUT WE DO HAVE AN INTERPRETIVE PATH THAT'S ALL THE WAY ACROSS THE PROPERTY THAT IS GOING TO HAVE PLACARDS THAT CELEBRATE THE INDIGENOUS NATIVE INDIANS FROM THAT AREA WITH THAT GROUP.

AND SO THIS INTERPRETIVE SIGNAGE THAT WILL BE ALL ALONG THAT PATH.

SO I HOPE THAT ANSWERS YOUR QUESTIONS MORE OF A VISUAL CONNECTIVITY WITHOUT BRINGING YOU IN AND DISRUPTING THE NATURAL.

YEAH, I'M CONCERNED WITH THAT BECAUSE IT JUST DOESN'T SEEM TO ALLOW FOR ANY KIND OF INTERACTION AS MUCH AS WE'D LIKE TO BE ABLE TO CELEBRATE THESE RESTORED WATERWAYS.

WE ALSO WANT TO BE ABLE TO HAVE THEM BE SAFE AND WE WANT TO MAKE SURE THAT THEY'RE INHABITED IN A POSITIVE WAY WHERE, YOU KNOW, EVERYBODY STAYS SAFE AND EVERYBODY STAYS ENGAGED WITH THESE AREAS.

SO I'M A LITTLE CONCERNED WITH THAT.

AND I THINK THAT THE COMMENTS, THE PUBLIC COMMENTS THAT WE'VE RECEIVED ARE ALSO CONCERNED WITH HOW THAT WATERWAY IS BEING TREATED.

SO I JUST DON'T WANT TO HAVE IT LEFT ON THE TABLE THAT WE'RE NOT MAINTAINING IT THE WAY MAYBE WE NEED TO CONSIDER PUBLIC ENGAGEMENT, BUT ALSO MAINTENANCE.

MR. BERGERSEN, I HAVE A QUESTION FOR YOU IN REGARD TO COMMISSIONER LAFFERTY.

I HEARD FROM YOU SAYING THAT THE VARIOUS AGENCIES HAD SOME ISSUES IN REGARD TO HAVING ACCESS, PEDESTRIAN ACCESS RIGHT ON THE CREEK.

IS THAT I INTERPRETED CORRECTLY? AND IT'S MORE OF A LOOK VERSUS A FEEL? YEAH.

AND MAYBE SOMEONE FROM OUR ENVIRONMENTAL CONSULTING TEAM CAN CAN TACKLE THIS QUESTION.

BUT ALL THIS STARTED OFF BY SAYING WE'VE AS JIMMY AND BARRY STATED, THE BEGINNING OF THEIR PRESENTATION, WE'VE MET WITH THE VARIOUS RESOURCE AGENCIES NUMEROUS TIMES, DOZENS OF MEETINGS, AND THE STATE AGENCIES MIGHT HAVE A DIFFERENT OPINION THAN WHAT THE FEDERAL AGENCIES MIGHT HAVE OR WHAT COASTAL COMMISSION MIGHT HAVE OR WHAT THE CITY OF OCEANSIDE.

AND NOW WHAT YOU'RE DESCRIBING HERE.

SO THERE'S SIX OR SEVEN DIFFERENT AGENCIES THAT ALL HAVE A DIFFERENT OPINION.

AND SO WE'RE DOING THE MOST THAT WE CAN THAT WE'RE ALLOWED TO DO IN MAINTAINING THE

[01:35:01]

HABITAT.

SO I'M GOING TO ASK SOMEONE FROM [INAUDIBLE] OR MAYBE [INAUDIBLE] MIGHT BE ABLE TO ANSWER THAT IN A MORE TECHNICAL ANSWER IN REGARD TO NAVIGATING THE VARIOUS RESOURCE AGENCY DESIRES.

WHO WOULD THAT BE? IT MIGHT BE A ANITA OR SHAWN WOULD [INAUDIBLE] OR TIM PATONE WITH HUNSECKER.

OK.

ANITA? HI, ANITA HEYWORTH WITH [INAUDIBLE] 605 THIRD STREET, ENCINITAS.

THANK YOU.

SO FOR THE MOST PART, THE WILDLIFE AGENCIES, AND THAT INCLUDES THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND THE U.S.

FISH AND WILDLIFE SERVICE DO NOT WANT TO HAVE PEOPLE WALKING INTO THIS WETLAND AREA.

AND IT'S ACTUALLY QUITE A WET WETLAND WITH STANDING WATER, AND IT IS TIDAL.

SO IT'S NOT REALLY ESPECIALLY ACCESSIBLE TO A PEDESTRIAN DOWN INTO THE CREEK AREA ITSELF.

HOWEVER, THE ACCESS THAT'S PROVIDED ALONG THE FIRE ROAD IS A WONDERFUL OPPORTUNITY TO LOOK OVER AND DOWN INTO THE VEGETATION.

AND THAT'S REALLY A WONDERFUL WAY OF ENJOYING IT AND SEEING THE WILDLIFE IN THERE.

IN ADDITION, THERE'S A NUMBER OF FEDERALLY AND STATE LISTED ENDANGERED SPECIES THAT OCCUR WITHIN THIS PARTICULAR REACH.

AND THE AGENCIES ALSO DON'T WANT TO SEE PEOPLE HIKING AROUND IN THERE WHEN THOSE SPECIES ARE PRESENT AND POTENTIALLY NESTING.

SO BETWEEN THE WALKWAY OVER THE BRIDGE, WHICH GIVES YOU A WONDERFUL VIEW OF THE ENTIRE CREEK AND THE FIRE ACCESS ROAD, THE CHANNEL ACCESS PATHWAY GIVES YOU A REALLY NICE OVERVIEW OF THE CREEK.

AS FAR AS MAINTENANCE GOES, THERE WILL BE REQUIRED MAINTENANCE OF THE HABITAT THAT IS BEING RESTORED THAT WILL BE IN PERPETUITY.

THERE WILL BE FUNDING FOR THERE WILL BE A HABITAT MANAGER SO THAT THAT HABITAT WILL BE WELL TAKEN CARE OF AND WILL BE PROTECTED BASICALLY FOR OUR LIFETIMES.

AND THEN FOR THE CHANNEL ITSELF, THE CREEK CHANNEL ITSELF THAT IS MAINTAINED ALREADY BY THE CITY OF CARLSBAD.

ANY QUESTIONS? YEAH, THAT ACTUALLY, CAN YOU GO BACK TO THAT JUST A SEC.

SO SURE.

SO THE CREEK CHANNEL IS MAINTAINED BY THE CITY OF CARLSBAD.

HAS ANY HAVE ANY CHANGES? WE JUST DISCUSSED THAT THAT MAINTENANCE PROGRAM WASN'T REALLY INCLUDED IN THE DOCUMENTS OR IS IT INCLUDED IN THE DOCUMENTS? AND THEN IS IT ACTUALLY UPDATED FOR THE NEW DEVELOPMENT? SO THE MAINTENANCE OF THE CHANNEL IS GOING TO CONTINUE, AS IT CURRENTLY HAS BEEN DESIGNED, WHERE A SECTION OF IT IS MAINTAINED ON AN ANNUAL BASIS, THOUGH THE WATER COMING INTO THE CREEK ITSELF IS NOT ACTUALLY GOING TO CHANGE RIGHT NOW.

IT'S COMING IN KIND OF FREE FLOW ON UNFILTERED OFF OF THE 78.

AND AND SO THE PROJECT WILL PURIFY THE WATER BEFORE IT IS RELEASED INTO THE CREEK.

SO THERE WON'T BE CHANGES IN THE AMOUNT OF FLOW IN THERE.

BUT AS FAR AS THE CHANNEL MAINTENANCE GOES, THE TEAM WORKED A LOT WITH THE CITY OF CARLSBAD AND WITH PUBLIC WORKS TO MAKE SURE THAT THE CITY HAD FULL ACCESS TO DO WHAT THEY NEED TO DO WHEN THEY NEED TO DO IT.

AND IS THAT CONTINUOUS FOR THE OCEANSIDE PORTION OF THE CREEK AS WELL? DOES CARLSBAD MAINTAIN THAT OR WHO MAINTAINS THAT? CARLSBAD MAINTAINS THAT AS WELL; THAT'S CORRECT.

INTERESTING.

OK.

SO IS THAT DEFINED SOMEWHERE? I'M JUST TRYING TO UNDERSTAND WHERE THAT'S DEFINED IN THE DOCUMENTS.

THAT'S A GOOD QUESTIONAND MAYBE ANDREW AT [INAUDIBLE] KNOWS WHERE THAT IS, I BELIEVE THAT IS ADDRESSED IN THE DOCUMENT.

MR. NEU? THANK YOU, MR. CHAIR.

I GUESS I WOULD JUST POINT OUT THAT THERE IS A SEPARATE ENVIRONMENTAL REVIEW THAT IS DONE FOR THE CHANNEL MAINTENANCE.

AND I THINK THAT'S WHAT MR. GOFF WAS REFERRING TO.

AND THERE ARE SEPARATE PERMITS THAT ARE ISSUED FOR THAT.

[01:40:03]

AND THERE ARE TWO IN OUR PUBLIC WORKS DEPARTMENT OR TO THE CITY OF CARLSBAD.

SO THAT IS SOMETHING THE CITY WORKS ON.

THERE'S A, I BELIEVE, A MAINTENANCE DISTRICT THAT'S FORMED AT THE MALL AND OTHER PROPERTIES PAY INTO TO HELP FUND THAT MAINTENANCE PROGRAM.

SO IT IS A SEPARATE EFFORT, IF YOU WILL, FROM THIS PROJECT THAT THE TIE, IF YOU WILL, WAS MAKING SURE THAT THE ACCESS THAT THE CITY HAD FROM THE PROPERTY TO THE CHANNEL WAS MAINTAINED IN SOME FORM WITH THIS PROJECT, SO THE MAINTENANCE COULD CONTINUE IN THOSE SEGMENTS ADJACENT TO THE PROPERTY.

SO I THINK THAT WAS ACCOMPLISHED IN THE CURRENT DESIGN AND WAS ACCOUNTED FOR IN THE DIFFERENT PERMITS THAT HAVE BEEN SO FAR APPROVED.

AS YOU'VE HEARD, OUR CITY STAFF WORKED PRETTY CLOSELY WITH THE APPLICANT AND THE OCEANSIDE STAFF TO TRY TO MAKE SURE THOSE MAINTENANCE AREAS WERE ACCOMMODATED IN THE PLAN AND THEY WERE.

SO I THINK AT THIS POINT, AT LEAST AT THE STAFF LEVEL, THERE WAS A FEELING THAT EVERYTHING THAT NEEDED TO BE INCLUDED WAS SO THAT THAT MAINTENANCE COULD CONTINUE INTO THE FUTURE.

THANK YOU, MR. NEU.

COMMISSIONER LUNA? JUST A QUICK FOLLOW UP ON COMMISSIONER LAFFERTY'S COMMENT ON CONCEPTUAL GRADING.

C3, THERE IS A THERE IS A BICYCLE LANE PROPOSAL ON THE BRIDGE MM=HMM.

THERE IS? OK, SO UNLESS I'M MISSING IT, I DON'T SEE IT ANYWHERE ON THIS GRADING PLAN, WOULD THAT BE SOMETHING YOU JUST ADDED TO THE NOTES OR JASON THAT CAN JUST ADD IN? [INAUDIBLE] IT'S NOT EVEN IN THE SECTION EE.

I COULDN'T FIND IT AT ALL ON THERE.

I'M NOT AWARE OF IT.

THIS IS JUST A TAD FROM HUNSICKER AND ASSOCIATES, IF I CAN CLARIFY.

THERE'S AN EIGHT FOOT WIDE SIDEWALK ON THE RIGHT ON THE WEST SIDE, AND THEN THERE'S 40 FEET OF TRAVEL LANES WHICH ACCOMMODATES TWO LANES TO EXIT.

AND ONE LANE TO ENTER THE SITE.

YOU COULD POSSIBLY RECONFIGURE THOSE LANES SO THAT YOU CAN HAVE A BICYCLE LANE IN THERE BECAUSE IT'S 40 FEET, 11 FOOT LANES AND HAVE A BICYCLE LANE THERE.

WE CURRENTLY DON'T HAVE A PLAN FOR THE BICYCLE LANE.

THERE'S NO CONNECTION FOR A BICYCLE LANE IN THE [INAUDIBLE].

SO THERE'S NO [INAUDIBLE] THERE'S NOTHING THERE.

NO.

OK.

OK, COMMISSIONER STINE? YES, I WANT TO SHIFT THE DISCUSSION SLIGHTLY FROM THE MICRO ISSUES THAT WE'VE BEEN GETTING INTO, WHICH ARE VERY IMPORTANT HERE, TOO, I'M GLAD FOR THE DISCUSSION.

BUT I WANT TO SHIFT IT TO A MACRO DISCUSSION.

THE PRESENTATION WAS EXCELLENT.

I CERTAINLY ENJOYED THE VISUAL AND AUDIO, IT WAS VERY EDUCATIONAL FOR ME.

BUT WHAT I WANT TO DRILL DOWN IS IN THE LAST PART OF THE PRESENTATION, IT WAS A SECTION ENTITLED BENEFITS, AND IT WAS FAIRLY GENERAL WHEN YOU GOT TO THE END AS THE BENEFITS WHEN I WANT THE APPLICANT TO COMMENT, IF THEY WOULD PLEASE, WOULD BE TO SPECIFIC BENEFITS TO THE CITY OF CARLSBAD.

WE UNDERSTAND OCEANSIDE IS GOING TO HAVE MAJOR BENEFITS TO IT.

THAT'S GREAT.

THEY'RE OUR SISTER CITY TO THE NORTH, BUT WE'RE HERE IN CARLSBAD AND I WOULD LIKE THE APPLICANT TO ADDRESS IN SPECIFIC WAYS THEY CAN AS TO WHAT ARE THE PLUSES? WHAT ARE THE BENEFITS FOR THE CITY OF CARLSBAD IN APPROVING THIS PROPOSED PROJECT? GIVEN THAT WE'RE KIND OF THE TAIL AND OCEANSIDE'S, KIND OF THE DOG.

THE DOG IS OBVIOUSLY THE HOTEL PROJECT.

WE'VE GOT A TAIL PART OF IT OR AN ANCILLARY PART OF IT.

CAN YOU PLEASE DESCRIBE WHAT YOU SEE AS THE BENEFITS TO OUR CITY.

YES, MR. CHAIR, IT'S OK IF I COULD RESPOND TO THAT? YOU MAY.

THANK YOU.

THIS IS BARRY SEDLICK.

YES, OF COURSE.

THE WE DID IT EXTENSIVE ECONOMIC ANALYSIS OF THE PROJECT RELATIVE TO THE REGION.

IT'S VERY DIFFICULT TO KIND OF PARSE THE BENEFITS BETWEEN THE TWO CITIES.

BUT IF I COULD JUST GIVE YOU THE OVERALL HIGHLIGHTS AND I COULD TALK VERY BRIEFLY ABOUT SPECIFICALLY THE CITY OF CARLSBAD.

THIS PROJECT DURING CONSTRUCTION IS GOING TO EMPLOY MORE THAN FOUR HUNDRED AND FIFTY PEOPLE AND THEN ON AN ONGOING BASIS, GOING TO EMPLOY ONE HUNDRED AND FIFTY PEOPLE EVERY YEAR OVERALL DURING CONSTRUCTION.

THE ECONOMIC OUTPUT OF THIS PROJECT IS TO THE AREA IS DEEMED AT ABOUT 67 MILLION AND IN THE OPERATIONAL PHASE OVER TWENTY TWO MILLION PER YEAR.

NOW MOST RELEVANT TO THE CITY OF CARLSBAD IS A CATEGORY CALLED GUEST EXPENDITURES.

[01:45:01]

AND AGAIN, IT'S DIFFICULT TO PARSE THIS OUT, BUT OUR ANALYSIS INDICATES THAT THAT ALL THE GUEST EXPENDITURES FROM THIS HOTEL LEASE, THE THREE HOTELS WILL AMOUNT TO ABOUT SIX MILLION DOLLARS PER YEAR.

NOW, SINCE THE MALL IS IMMEDIATELY ADJACENT AND DEFINITELY WITHIN PEDESTRIAN ACCESS TO THE VISITORS TO THE HOTEL, WE FROM A PRACTICAL STANDPOINT, MOST OF THAT WILL GO INTO THE MALL AREA AS WELL AS IN THE FOR THE GREATER REGION AT LARGE, LEGOLAND AND THEN ELSEWHERE.

SO THERE'S A LOT OF BENEFITS TO THAT WILL ACCRUE DIRECTLY BECAUSE OF THE RELATIONSHIP BETWEEN THE PHYSICAL PROXIMITY OF THE HOTELS TO THE MALL.

NOW WE ESTIMATE THAT AND AGAIN, THIS YOU CAN'T BE PRECISE BUT THAT ON A ANNUAL SALES TAX BASIS, JUST ABOUT SOMEWHERE IN THE NEIGHBORHOOD OF ONE HUNDRED TWENTY FIVE TO ONE HUNDRED FIFTY THOUSAND DOLLARS PER YEAR TO THE CITY IN TERMS OF SALES REVENUE.

SO THOSE ARE THE THE PRINCIPAL BENEFITS THAT WE BELIEVE WILL MOSTLY ACCRUE, FRANKLY, TO CARLSBAD AND NOT TO OCEANSIDE.

OK, CAN I DRILL DOWN A LITTLE BIT MORE ON THAT STUFF THAT YOU CAN? I KNOW IT'S DIFFICULT BECAUSE WE'RE TALKING ABOUT A PROJECT THAT STRADDLES THE CITY BY, YOU KNOW, THE BULK OF IT, THE HOTELS ARE IN OCEANSIDE AREA THAT TOUCHES ON CARLSBAD [INAUDIBLE] WERE HERE.

OF THAT 125-150 MILLION.

ANY WAY OF GETTING IN ANY SENSE OR PROXIMATION HOW MUCH OF THAT WOULD BE SOMETHING THAT WOULD BENEFIT CARLSBAD, AS IS OPPOSED TO OTHER NEIGHBORING CITIES? SORRY, WHICH NUMBER ARE YOU REFERRING TO? THE LAST ONE, SIR, WHERE YOU MENTION WHAT I WROTE DOWN UNLESS I MISUNDERSTOOD 125-150 SALES TAX, SALES TAX REVENUE PER YEAR.

YEAH, THE SALES TAX REVENUE.

THAT'S AGAIN, USING KIND OF STANDARD ECONOMIC METHODOLOGY TO COMPUTE THAT.

AND THAT'S NET TO THE CITY OF CARLSBAD AFTER YOU GO THROUGH ALL THE THE ALLOCATIONS TO GO BACK TO THE STATES.

SO THOSE ARE REVENUES THAT WOULD SPECIFICALLY BE NET TO CARLSBAD.

SO THAT'S OUR THAT'S THE BEST WE CAN HAVE AT THIS POINT WITH JUST THE DATA ARE NOT AS PRECISE TO BE ABLE TO ALLOCATE IT ANY MORE FINELY THAN THAT WOULD JUST BE GUESSING.

BUT THE POINT THAT BECAUSE THE THE ACCESS TO THE MALL IS WE THINK FROM A PRACTICAL STANDPOINT, PEOPLE MAY EAT IN THE HOTEL RESTAURANTS ONCE, BUT WE HAVE AN EXTENDED STAY.

WE HAVE A LOT OF CONVENTION BUSINESS THERE.

GEORGE [INAUDIBLE] IS THE HOTEL MANAGER.

HE CAN TALK MORE ABOUT THAT.

BUT WE CERTAINLY BELIEVE THAT FROM A PRACTICAL STANDPOINT, PEOPLE ARE GOING TO GO TO THE MALL AND EAT AT THE RESTAURANTS THERE AND DO A LOT OF SHOPPING THERE.

SO FROM A PRACTICAL STANDPOINT, WE BELIEVE A LOT OF THAT OVERALL EXPENDITURE WILL BE WITHIN THE CITY OF CARLSBAD.

THANK YOU, MR. [INAUDIBLE] .

ANY OTHER COMMISSIONER'S QUESTIONS OF THE APPLICANT AT THIS MOMENT? COMMISSIONER LUNA? SO JUST SO QUICKLY, FOLLOWING UP ON COMMISSIONER STINE ALL THE TOT IS STAYING IN OCEANSIDE FOR THE HOTEL, CORRECT? YES, THE HOTELS THEMSELVES OK, YEAH, THAT'S ALL.

THANK YOU.

THANK YOU.

ANY OTHER COMMISSIONERS? ALL RIGHT, I'LL GO AHEAD AND OPEN UP PUBLIC TESTIMONY, MS. FLORES, ANY LETTERS AND OR EMAILS TO BE PLACED ON THE RECORD? YES, MR. CHAIR, THERE'S ONE COMMENT THAT REQUESTED TO BE READ.

HONORABLE CHAIR AND COMMISSIONERS RESERVE CALAVERA HAS A LONG HISTORY OF WORKING WITH THE DEVELOPER OF THIS PROJECT AND VERY MUCH APPRECIATES HOW RESPONSIVE THEY HAVE BEEN TO ADDRESSING COMMUNITY CONCERNS.

BUT MANY THINGS HAVE CHANGED DURING THE LAST 12 YEARS, AND AN OVERRIDING CONCERN TODAY IS TO ADDRESS CLIMATE CHANGE.

THIS PROJECT WILL CREATE HUNDREDS OF VEHICLE TRIPS EVERY DAY AND TONS OF GHG EMISSIONS.

IT IS LOCATED IN A PARTICULARLY SENSITIVE LOCATION AT THE HEAD OF THE BUENA VISTA LAGOON.

OUR REGION HAS SPENT YEARS AND MILLIONS OF DOLLARS PREPARING A PLAN TO RESTORE THIS LAGOON.

WE ALL WANT TO MAKE SURE THAT ANY PROJECT IN THIS AREA WILL NOT JEOPARDIZE THE LAGOON RESTORATION.

IT WILL BE CONSISTENT WITH YEARS OF PLANNING TO REDUCE THE GHG.

A PART OF THIS PROJECT IS IN CARLSBAD.

THE CITY OF OCEANSIDE WAS THE LEAD AGENCY FOR THE ENVIRONMENTAL REVIEW.

WE SEPARATELY FORWARDED YOU A LETTER IDENTIFYING NUMEROUS CONCERNS WE HAVE WITH THE EAR THAT OCEANSIDE ADOPTED.

OCEANSIDE HAS MUCH LOWER STANDARDS THAN CARLSBAD FOR EVALUATING VMT AND FOR CLIMATE ACTION.

RESULT IS A PROJECT THAT WOULD NOT BE APPROVED IN CARLSBAD WITHOUT SUBSTANTIAL

[01:50:02]

ADDITIONAL MITIGATION.

AND REMEMBER, A GOOD SHARE OF THOSE INCREASED VEHICLE TRIPS WILL IMPACT THE CITY OF CARLSBAD.

WE HAVE APPROACHED ALL OF THE STAKEHOLDERS ABOUT A WIN WIN SOLUTION TO ADDRESS THE GHG INSTALLING SOLAR PANELS IN THE PARKING LOT AT THE SHOPS AT CARLSBAD.

THIS COULD FULLY MITIGATE THE IMPACTS OF THE PROJECT AND BENEFIT BOTH CITIES, WHILE ALL AGREED IN CONCEPT NO ONE ACTUALLY FOLLOWED THROUGH.

WE URGE YOU TO DIRECT STAFF TO WORK WITH THE DEVELOPER AND COME BACK WITH FURTHER ACTIONS TO REDUCE THE GHG FROM THIS PROJECT WILL REQUIRE THAT AT A MINIMUM, IT FULLY ADDRESSES ALL OF THE IMPACTS IN CARLSBAD.

FUTURE GENERATIONS ARE DEPENDING UPON US TO TAKE ACTION TO ADDRESS CLIMATE CHANGE.

DIANE NIKHARD ON BEHALF OF PRESERVE CALVERA.

THAT IS THE ONLY ONE.

THANK YOU.

I WILL CLOSE PUBLIC TESTIMONY THEN.

COMMISSIONERS, ANY FURTHER QUESTIONS OF STAFF OR THE APPLICANT? I HAVE ONE QUESTION REAL QUICK, IN REGARD TO STAFF FROM THE INTERSECTION OF MIRIAM AND MONROE, THAT ROAD GOING INTO THE TRANSIT CENTER AND THEN BECOMING PART OF THE RING ROAD, THAT PROPERTY IS THAT ROAD.

AND THE PARKING LOT, SARAH, CITY OF CARLSBAD PROPERTY? CHAIRMAN, I CAN ANSWER THAT QUESTION, YES, IT IS A CITY OWNED PROPERTY.

OK, SO HAVING THIS PARTICULAR DEVELOPMENT HAVE ACCESS ONTO THAT CITY PROPERTY, IS IT TREATED THE SAME AS IT IS A CITY STREET OR IS IT NOT? I WOULD SAY IT IS NOT THEY HAVE AN ACCESS EASEMENT THAT WAS RECORDED AGAINST THAT PROPERTY THAT GRANTED THEM THE ACCESS TO THE SITE.

EXCELLENT.

THANK YOU FOR THE CLARIFICATION.

I APPRECIATE THAT.

ANY OTHER FURTHER QUESTIONS, COMMISSIONER LAFFERTY? THANKS.

THE LETTER BROUGHT UP SUSTAINABLE IMPLEMENTATION, WHAT SUSTAINABLE PRACTICES IN THIS BUILDING ARE BEING IMPLEMENTED AND ARE WE REACHING NET ZERO? I WOULD REMIND THE COMMISSION BEFORE WE GO ON THAT THE BUILDING IS NOT BEFORE THE COMMISSION AND THE INFORMATION YOU'RE GOING TO GET IS JUST FOR INFORMATIONAL PURPOSES ONLY.

THANK YOU.

MR. [INAUDIBLE].

YES, AND GEORGE KAPLANIS MY ADDRESS IS 5519 BROOKFALLS COURT, STOCKTON, CALIFORNIA.

AND I'VE WORKED FOR AS JUST A SIDE NOTE FOR HILTON HOTELS FOR OVER 20 YEARS.

HILTON HOTELS 2008 PUT TOGETHER A PROGRAM CALLED STAY GREEN LIGHT STAY, WHICH IS REALLY AFFECTING THE GUESTS AS WELL AS THE EMPLOYEES.

AND WE TRACK OUR CARBON FOOTPRINT, OUR WASTE MANAGEMENT AND OUR ENERGY AND WATER USAGE.

NOW, HOW DOES THAT EQUATE TO THESE THREE HOTELS? THESE THREE HOTELS ARE MONITORED INDIVIDUALLY BY THE HOTELS AND BY HILTON HOTELS, AND THAT TRACKING IS DONE ON A DAILY BASIS AND INCLUDES GUEST IMPACTS AND BANQUETS FOOD USAGE.

AND WE BASICALLY LOOK AT REDUCING OUR CARBON FOOTPRINT, BEING GOOD STEWARDS AND EDUCATING BOTH OUR GUESTS AND OUR TEAM MEMBERS.

AND TO THAT RESPECT OUR GUESTS, HEN THEY WALK OUT THE DOORS OF OUR HOTELS, THEY DON'T SEE OCEANSIDE OR CARLSBAD AS A WALL.

THEY GO OUT AND ASK OUR EMPLOYEES AND OUR GUESTS, WHO REFLECT THE HOSPITALITY OF THE HOTEL, BUT MORE IMPORTANTLY, WE ASK THEM TO EXPERIENCE CARLSBAD, OCEANSIDE AND THE BUENA VISTA CREEK AND THE LAGOON.

AND OUR GOAL WITH EDUCATING OUR EMPLOYEES IS TO BE AMBASSADORS FOR THE CITIES.

NOW I CAN REFLECT ON MY RECENT EXPERIENCE IN STOCKTON, CALIFORNIA.

AND WHEN I SAY STOCKTON, CALIFORNIA, MOST PEOPLE KIND OF CRINGE.

BUT STOCKTON HAS BEEN REBORN.

OUR TEAMS AND OUR OWN CITIZENS HAVE BEEN REEDUCATED ABOUT THE ASSETS AND THE BEAUTIFUL DELTA, EVERYTHING THAT WE DO.

WE DO FOR OUR EMPLOYEES, OUR TEAM MEMBERS AND OUR GUESTS.

AND IT'S NOT, EXCUSE ME, THIS IS NOT DONE ONCE A MONTH, IT'S DONE EVERY DAY.

AND SO THAT'S OUR CONTRIBUTION TO THE CITY AND THAT'S OUR CONTRIBUTION AS STEWARDS OF OUR HOTELS.

THANK YOU.

THANK YOU.

[01:55:01]

THANK YOU.

COMMISSIONER STINE? YES.

I WANT TO FOLLOW UP ON THE PREVIOUS QUESTION.

I ASKED THE QUESTION ABOUT BENEFITS, AND I WAS GIVEN A VERY EXCELLENT RESPONSE, I BELIEVE, FROM THE APPLICANTS TO ECONOMIC BENEFITS.

I'M GOING TO TURN TO ENVIRONMENTAL, INCLUDING HABITAT MANAGEMENTS BENEFITS.

AND I'M NOT SURE IF THIS IS BETTER ADDRESSED, THE STAFF OR TO THE OTHER ONE.

WOULD YOU COMMENT UPON ANY BENEFITS TO THE CITY OF CARLSBAD IN THE WAY OF ENVIRONMENTAL ISSUES, DRAINAGE ISSUES, ANYTHING SPECIFICALLY AS TO THAT SLIVER OF AN AREA THAT'S WITHIN THE CITY OF CARLSBAD? WHAT'S THE PLUS FOR CARLSBAD IN THAT REGARD, MR. GOFF? YEAH, I CAN ANSWER.

THE AREA BETWEEN THE UPPER BANK OF THE LAGOON AND THE AND THE HOTEL NOW ARE ACTUALLY THE WETLAND DELINEATION AND THE LAGOON WILL RECEIVE ONE HUNDRED FEET OF RESTORED LANDSCAPING CURRENTLY.

AND THE APPLICANT CAN HELP.

THE BIOLOGICAL CONSULTANTS CAN HELP ME WITH THIS.

BUT I BELIEVE THE CURRENT SOIL THAT IS IN THAT AREA IS OF A HIGH ALKALINE OR SALINITY AND THEREFORE IS NOT REALLY CONDUCIVE TO THE HABITAT THAT WOULD BE RESTORED IN THAT AREA OR PLACED IN THAT AREA.

SO AS PART OF THE APPLICANT'S EFFORTS, THE ORIGINAL AGREEMENT REALLY ONLY ALLOWED FOR THE REQUIRED TWENTY FIVE FOOT BUFFER, WHICH WOULD HAVE BEEN RESTORED.

THIS PROJECT IS NOW GOING TO RESTORE AN AREA OF ONE HUNDRED FEET.

THE OTHER ASPECT IS, IS THAT RH&P CURRENTLY DOESN'T IDENTIFY THIS AREA AS A CRITICAL AREA OR A HABITAT AREA WORTH PRESERVING.

AND THIS PROJECT WILL BE PRESERVING THAT.

THERE WILL BE A CONSERVATION EASEMENT PLACED OVER THE PRESERVED HABITAT AND IT'LL BE AS MS. HEYWORTH HAVE NOTED.

IT WILL BE IN PERPETUITY.

SO SO IT IS A TREMENDOUS ASSET FOR ADDITION TO TO THAT AREA THAT WOULD OTHERWISE GO UNTOUCHED IF THE ORIGINAL AGREEMENT WAS WAS IN PLACE.

ANY OTHER QUESTIONS? WHAT ABOUT FLOODPLAIN MANAGEMENT WILL HELP US WHEN WE HAVE OUR STORMS AN EFFECTIVE, APPROPRIATE DISPOSITION OF FLOODWATERS? IT'S MY UNDERSTANDING THROUGH THE AMOUNT OF FLOOD DISCUSSIONS THAT WENT ON AND PERHAPS OUR CITY ENGINEER MIGHT ALSO WANT TO CHIME IN ON THAT, BUT THERE WAS EXTENSIVE DISCUSSIONS ABOUT THAT, ABOUT HOW THE CHANNEL OPERATED, HOW THE NEW IMPROVEMENTS WOULD ADDRESS THAT AND I'LL LET HIM ANSWER ANY ADDITIONAL QUESTIONS HE WANTS TO.

MR. GELDER? YEAH, WE, THE FLOODPLAIN WAS STUDIED AND ANALYZED, AND THAT RESULTED IN SOME OF THE BUILDINGS THAT WERE OR THE PADS WERE RAISED A LITTLE BIT, ALONG WITH A REDESIGN OF THE BRIDGE TO ALLOW THAT.

BUT EVERYTHING MEETS OUR STANDARDS.

THANK YOU.

OK, ANY OTHER FURTHER QUESTIONS? YES, COMMISSIONER KAMENJARIN? THIS IS FOR THE APPLICANT.

I BELIEVE THERE ARE 400 SOME ROOMS, I THINK MR. SUDLICK SAID THAT YOU WOULD EMPLOY ONE HUNDRED AND FIFTY PEOPLE A YEAR.

HOW MANY DAILY TRIPS ARE WE TALKING ABOUT FOR THE RING ROAD AND THIS BRIDGE? OK, PERHAPS DAWN WILSON CAN ADDRESS THAT SHE DID THE TRAFFIC STUDIES, BUT ONE POINT I'D LIKE TO ADD IS THAT ONE OF THE THINGS WE'RE DOING, AS GEORGE KAPLANIS HAD MENTIONED, IS WE'RE PROVIDING FOR TRANSIT PASSES FOR THE EMPLOYEES.

SO WE WILL ACTIVELY BE REDUCING THE DAILY VMT OF THE EMPLOYEES BY THE TRANSIT PASSES BECAUSE WE HAVE THE ADJACENT TRANSIT CENTER THAT IS VERY CONVENIENT TO THE PROPERTY.

AND SO THAT WILL BE AN ONGOING BENEFIT, BUT PERHAPS EITHER DAWN OR ELABORATE ON SOME OF THE OTHER.

I'M PULLING UP THE TRIP GENERATION AND THE VOLUME FOR YOU RIGHT NOW.

SO JUST GIVE ME A SECOND, IF YOU WOULDN'T MIND BEING.

THANK YOU, MS. WILSON.

THANK YOU FOR YOUR PATIENCE.

SO IN TOTAL, THE PROJECT'S GOING TO GENERATE APPROXIMATELY 4260 TRIPS PER DAY OF

[02:00:02]

THOSE TRIPS.

I'M LOOKING AT OUR TRIP DISTRIBUTION.

APPROXIMATELY HALF OF THOSE WILL COME OUT AT MONROE STREET OR ACROSS THE BRIDGE, THEN DOWN TOWARDS JEFFERSON OR MARON ROAD AND THEN WRAP AROUND AND SPLIT OFF FROM THERE.

SO IT'S ABOUT HALF OF THE 4200 WOULD BE GOING ACROSS THE BRIDGE.

AND THERE IS A SECONDARY POINT OF ACCESS THAT'S RIGHT IN RIGHT OUT THAT'S ON JEFFERSON.

THAT WOULD IT WOULD ACCOMMODATE THE REMAINDER OF THE TRIP.

THANK YOU.

THANK YOU.

AND AGAIN, FOLLOWING UP ON THIS, IS THE APPLICANT GOING TO PAY FOR THE ONGOING MAINTENANCE OF THE RING ROAD? TED, COULD YOU ADDRESS THAT QUESTION? I THINK THE QUESTION LET ME SEE IF I'M CORRECT, BUT MR. GOFF OR MR. GELDART, OK, STANDPOINT THE CITY BECAUSE IT IS CITY PROPERTY.

OK.

NOW, WE REVIEWED DOCUMENTS REGARDING THAT, SO IT'S CITY PROPERTY, BUT THERE ARE ALSO EASEMENTS, SO THERE'S SHARED MAINTENANCE OF THE RING ROAD BETWEEN THE DIFFERENT USERS OF THAT ROAD.

I THINK IT'S WAS AT NORTH COUNTY OR THE OTHER MALL AREA, ALONG WITH THE WESTFIELD OR THE SHOPS, I MEAN, AND WITH THE HOTEL SIDE THAT IT'S THERE'S SOME THERE'S SEVERAL AGREEMENTS AND SHARED MAINTENANCE.

THANK YOU.

AND WHAT ARE THE DETAILS, IF YOU RECALL, JASON? WELL, THAT'S WHERE THE AGREEMENTS WEREN'T VERY SPECIFIC.

SO THAT'S SOMETHING THAT WOULD PROBABLY NEED TO BE WORKED OUT WITH THE PROPERTY OWNERS IN THAT CASE.

I'D LIKE TO AND I'D LIKE TO FOLLOW UP ON THE ECONOMIC BENEFITS TO THE CITY.

AND I THINK MR. SEDLICK YOU SAID, LOOK, YOU SAID THAT.

YOU ESTIMATED THAT THE CITY MIGHT RECEIVE ONE HUNDRED TWENTY FIVE HUNDRED FIFTY THOUSAND DOLLARS IN SALES REVENUE, LARGELY BECAUSE OF THE PROXIMITY TO THE MALL.

HOW RECENTLY WAS THIS STUDY DONE AND ARE YOU AWARE OF THE ECONOMIC CONDITION OF THE MALL IN THE LAST THREE YEARS? WELL, THIS STUDY, WELL, LET ME SEE DONE SEVERAL YEARS AGO, AND SO THOSE NUMBERS, IF I RECALL AND BELIEVE IN 2016 DOLLARS, SO WE DON'T HAVE AN UPDATED ESTIMATE OF THAT.

AND SO WE HAVE TO KIND OF REDO THE ANALYSIS.

OF COURSE, SALES TAX RATES HAVE ALSO CHANGED OVER TIME.

SO THAT'S THE BEST ESTIMATE WE HAVE RIGHT NOW.

WE'VE BEEN IN VERY CLOSE CONTACT WITH THE MALL OWNER AND THEIR PLANS TO REINVIGORATE THE MALL.

SO WE, THEY SUPPORT OUR EFFORTS AND WE WILL CONTINUE TO WORK WITH THEM TO FIND WAYS TO INFORM OUR GUESTS THAT WHAT AMENITIES ARE AVAILABLE AT THE MALL FOR THEM TO TAKE ADVANTAGE OF.

SO RIGHT NOW, THAT'S THE BEST ESTIMATE WE HAVE.

WE DON'T WE DON'T HAVE ANY NEWER ESTIMATE TO PROVIDE TO YOU AT THIS TIME.

THANK YOU AND THE REASON I ASKED PERHAPS FOR THE APPLICANTS INFORMATION IS THAT MALL HAS BEEN IN SERIOUS DECLINE AND WE'RE TALKING PRE PANDEMIC.

THEY'VE LOST ALL BUT ONE OF THEIR ANCHOR TENANTS.

THEY LOST SEARS IN 2019.

THEY LOST ROBINSON SEVERAL YEARS BEFORE AND I'M NOT EVEN SURE THAT THE MALL IS GOING TO BE AROUND IN ITS PRESENT CONFIGURATION WITHIN FIVE YEARS.

OK, COMMISSIONERS, ANY OTHER COMMENTS, QUESTIONS OF THE APPLICANT? OK, HOW ABOUT THE COMMISSION DISCUSSION ON THE THIS ITEM? COMMISSIONER LAFFERTY? THANKS, [INAUDIBLE], CONDITION NUMBER FIVE ON PAGE EIGHT OF RESOLUTION 7419 STATES, THE DEVELOPER SHALL IMPLEMENT OR CAUSED THE IMPLEMENTATION OF THE PROJECT MITIGATION, MONITORING AND REPORTING PROGRAM ASSOCIATED WITH THE CERTIFIED ENVIRONMENTAL

[02:05:03]

IMPACT REPORT FOR THE CONSTRUCTION OF THE BUENA VISTA INN'S ADOPTED BY THE CITY OF OCEANSIDE.

THIS DOESN'T TALK ABOUT WHAT WE'VE UNEARTHED THIS LAST MEETING WHERE WE DON'T REALLY UNDERSTAND THE PREVIOUS CONCERN WITH THE MAINTENANCE, THE CREEK MAINTENANCE AND HOW THAT SORT OF INTEGRATED INTO THAT, AND I'M CONCERNED THAT THAT'S A REALLY BIG ISSUE FOR, IT'S A REALLY BIG CONCERN TO THE COMMUNITY, TO CALAVERA.

AND ALSO I THINK THAT IF WE DON'T ACKNOWLEDGE THE IMPORTANCE OF THE MAINTENANCE OF THAT CREEK WITH THE NEW CHANGES THAT ARE HAPPENING.

SIGNIFICANT CHANGES THAT ARE HAPPENING ON THIS PROJECT, I'M AFRAID THAT THE MITIGATION MEASURES IN JUST ONE EIR ISN'T ENOUGH.

COULD WE ADD SOME KIND OF REFERENCE TO THAT PUBLIC WORKS MAINTENANCE PROGRAM IN THIS CONDITION? IS THAT AN OPPORTUNITY? DOES THE BOARD THINK THAT'S APPROPRIATE.

MR. NEU? THANK YOU, MR. CHAIR.

I THINK BECAUSE THEY ARE SEPARATE PROJECTS WITH SEPARATE [INAUDIBLE] DOCUMENTS, IT COULD BE PROBLEMATIC TO TIE THE TWO.

THERE IS OBVIOUSLY A RELATIONSHIP.

AND WHAT THIS PROJECT WAS TRYING TO DO IS NOT BE A ROADBLOCK TO THAT OTHER EFFORT THAT GOES ON ON AN ANNUAL BASIS.

SO WE DID EVALUATE THAT AND WE THINK IT'S ADEQUATELY COVERED IN THE OTHER DOCUMENT, I THINK, AS YOU'VE SEEN ON THIS PROJECT.

IT MAINTAINS THE ACCESS TO TO THE CREEK FOR MAINTENANCE.

THE SITE ALSO HAS DETENTION BASINS TO FILTER IN AND SLOW THE RATE OF RUNOFF TO THE CREEK SO AS NOT TO CAUSE PROBLEMS WITH THE CAPACITY IN THE CHANNEL.

SO I THINK, YOU KNOW, WE'VE ADDRESSED THE STANDARDS THAT WE'VE NEEDED TO.

I DON'T KNOW THAT, YOU KNOW, I GUESS MY CONCERN WOULD BE IF WE TRIED TO LINK THE TWO, WE COULD INADVERTENTLY CAUSE A PROBLEM.

WE DO WANT TO MAINTAIN THE MAINTENANCE PROJECT AS A SEPARATE EFFORT THAT THE CITY WOULDN'T NEED TO GO BACK AND DO ANY ADJUSTMENTS TO THESE APPROVALS IN ITS EFFORTS TO MAINTAIN THE CREEK CHANNEL.

YEAH, I SORT OF SEE WHAT YOU'RE SAYING, EXCEPT I GUESS I'M JUST CONCERNED THAT IF WE DON'T MENTION IT SOMEWHERE IN THIS PARTICULAR BODY OF WORK, I'M CONCERNED THAT IT BECOMES NOT AN INTEGRATED PROCESS.

I MEAN, ONE KIND OF LIKE THE BAND-AID OF PATCHWORK CARE PATCHWORK THERE.

AND I'D RATHER TRY TO UNDERSTAND THIS IN A MORE HOLISTIC METHOD, BECAUSE THAT'S THE WAY THESE WATERWAYS WANT TO BE MAINTAINED.

IT'S NOT ONE DEPARTMENT OR ANOTHER.

IT'S IT'S MORE OF JUST TRYING TO CREATE A PLAN AND STICK TO IT.

AND THAT'S KIND OF MY CONCERN, THAT THE EIR THAT WAS APPROVED, NOT THAT IT'S DEFICIENT, BUT IT DOESN'T REALLY ADDRESS THAT MAINTENANCE.

AND NEITHER DO THAT, NOR THE CITY OF CARLSBAD COULD ACTUALLY SAY THAT THERE'S ANY KIND OF AGREEMENT AS TO HOW THAT MAINTENANCE IS GOING TO BE SHARED.

SO I'M CONCERNED THAT MAYBE WE NEED TO POSTPONE THIS UNTIL WE WORK OUT THOSE AGREEMENTS.

MR. [INAUDIBLE]? YOU HAD YOUR, YOU WANT TO MAKE A COMMENT? YES.

ON OUR PROPERTY BUILDS AND ON THE ADJACENT OWNERS, THERE WOULD BE MYSELF, THE BIG HOTEL AND THE SMALLER HOTEL, WHICH IS MUCH BIGGER THAN MY PROPERTY.

I ALONE PAY SEVEN OVER SEVENTEEN THOUSAND DOLLARS A YEAR DIRECTLY TO THE MAINTENANCE OF THE CREEK, WHICH WHICH OBVIOUSLY THE OTHER TWO PROPERTIES ARE MUCH MORE THAN THAT.

AND THE STATE PICKS THAT UP AND GETS FILTERED BACK INTO THE CITY OF CARLSBAD.

SO THAT'S HOW WE PAY FOR IT.

THEY JUST BILL DIRECTLY ON OUR TAX BILL UNDER CHANNEL MAINTENANCE.

SO I JUST WANT TO BE AWARE OF THAT.

THANK YOU.

I APPRECIATE THAT.

MR. KEMP, DO YOU HAVE A COMMENT? I GUESS I'M NOT REALLY CLEAR ON WHAT COMMISSIONER LAFFERTY IS TRYING TO ACCOMPLISH THERE WAS AN EIR PREPARED FOR THIS PROJECT.

THE LEAD AGENCY WAS THE CITY OF OCEANSIDE.

AND THE ENVIRONMENTAL ISSUES REALLY AREN'T BEFORE THIS BODY TODAY.

WE WERE A RESPONSIBLE AGENCY, AND UNDER THE CARLSBAD MUNICIPAL CODE, THE CITY PLANNER HAS BEEN DELEGATED THE AUTHORITY TO MAKE SURE THAT THE ENVIRONMENTAL ISSUES THAT CONCERN CARLSBAD WERE ADDRESSED IN THE INITIAL EIR.

AS FAR AS THE CHANNEL MAINTENANCE, THERE IS A SEPARATE DISTRICT THAT'S

[02:10:01]

BEEN IN EFFECT FOR QUITE A WHILE.

IT WAS SET UP, I THINK, BACK IN THE 60S WHEN THE MALL WAS DEVELOPED TO TAKE CARE OF CHANNEL MAINTENANCE.

AND THAT'S BEEN AN ONGOING EFFORT FOR AS LONG AS IT'S BEEN IN EXISTENCE.

AND AS MR. ELIOPOULOS SORRY I DIDN'T GET THE NAME RIGHT, SAID THE NEW MALL OWNERS.

THE OTHER PROPERTY OWNERS HAVE BEEN CONTRIBUTING MONEY TO THAT AND THAT PROJECT HAS BEEN GOING ON FOREVER.

THE MESH HERE THAT I THINK MR. GOFF AND MR. NEU HAVE BEEN TRYING TO TELL YOU ABOUT IS THAT THIS PROJECT DIDN'T INTERFERE WITH THE WORK OF THAT SEPARATE PROJECT AND THAT THAT WAS ACCOMPLISHED TO THE SATISFACTION OF THE CITY PLANNER.

AND THAT PROJECT IS ONGOING AND HAS ITS OWN ENVIRONMENTAL DOCUMENT.

SO I'M NOT SURE WHAT REALLY THE PLANNING COMMISSION CAN DO ON THAT PARTICULAR ISSUE, SOME NOT CLEAR, COMMISSIONER LAFFERTY, WHAT YOU WANT TO ACCOMPLISH.

THE GOAL IS TO TRY AND CONTINUE MAINTENANCE AND BECAUSE YOU'RE ACTUALLY REQUESTING US TO MAKE ALL OF THESE COMMITMENTS FOR OUR CITY THAT REQUIRE ALL OF THESE DEVELOPMENT PLANS, SPECIAL USE, HABITAT MANAGEMENT SUBDIVISIONS, YOU NAME IT, WE'RE CHANGING ALL THESE RESOLUTIONS AND CREATING ALL THESE PERMITS.

I'M CONCERNED ABOUT THE MAINTENANCE OF THE NEW PARCELS THAT WE'RE CREATING AND HOW THAT WATERWAY IS GOING TO BE IMPACTED WHEN WE HAVE AN OLDER MAINTENANCE PLAN THAT DOESN'T ACCOUNT FOR WHAT'S HAPPENING WITH THIS NEW DEVELOPMENT.

SO THAT'S MY BIG CONCERN.

AND I JUST WANT TO HAVE SOME KIND OF ASSURANCE FROM THE CITY THAT THAT MAINTENANCE PLAN THAT CURRENTLY EXISTS THAT'S NOT MENTIONED IN ANY OF THESE DOCUMENTS IT SEEMS. I'M NOT FINDING ANY INFORMATION.

AND YOU'RE STATING THAT IT WANTS TO BE SEPARATE.

BUT IT'S IMPACTING THIS DECISION RIGHT NOW.

AND I DON'T KNOW IF I CAN MAKE THIS DECISION, AND I'M CONCERNED FOR OUR COMMUNITY THAT IF WE DO MAKE AN APPROVAL OF THIS DECISION, THOSE ELEMENTS ARE NOT GOING TO BE RESOLVED.

SO THAT'S THE CONCERN THAT I HAVE WITH THIS PARTICULAR APPROVAL TODAY.

MR. KEMP OR MR. NEU? THANK YOU, MR. CHAIR.

YOU KNOW, THE WORK THAT WAS DONE BETWEEN THE VARIOUS AGENCIES AND THE DEVELOPER FOCUSED A LOT NOT ONLY ON THE FLOOD ELEVATIONS, BUT SOME OF THE REAL PRACTICAL ISSUES LIKE, YOU KNOW, GETTING ACCESS TO AN AREA WHERE WE HAD EASEMENTS AND TRADITIONAL ACCESS FOR MAINTENANCE PURPOSES.

SO THERE WAS A LOT OF TIME SPENT DOING THAT.

THE I THINK WE HAVE TALKED A LITTLE BIT ABOUT THE PERMITTING AND THE ENVIRONMENTAL THAT'S DONE FOR THAT MAINTENANCE.

IT IS UPDATED PERIODICALLY.

AND SO WE'VE TRIED TO MAKE SURE THAT THAT MAINTENANCE PROJECT THAT, AS MR. KEMP MENTIONED, HAS BEEN AROUND FOR A LONG TIME, WAS NOT NEGATIVELY IMPACTED AND COULD CONTINUE INTO THE FUTURE.

AND AS YOU SAW IN SOME OF THE EARLIER SLIDES AND MR. GOFF SHOWED, THE PORTIONS IN CARLSBAD OF THIS PROJECT ARE VERY, VERY LIMITED.

BUT TWO OF THE AREAS WERE THESE ACCESS POINTS DOWN TO THE CREEK CHANNEL PROVIDED FOR THAT MAINTENANCE EFFORT TO GO ON.

SO, YOU KNOW, WE BELIEVE THAT AND OUR PUBLIC WORKS STAFF BELIEVE THAT THE THINGS THAT WERE INCORPORATED INTO THE PROJECT DID NOT CONFLICT IN ANY WAY WITH THAT ONGOING EFFORT.

COMMISSIONER LUNA? I'M JUST SPIT BALLING HERE, DON AND MR. KIM, IF YOU TAKE A LOOK AT CONDITION NUMBER THIRTY ONE.

THANK YOU.

I KNOW, I KNOW IT TALKS MORE SPECIFICALLY TO THE POINT OF THIS TO CREATE A MAINTENANCE AGREEMENT AS FAR AS ANY ADDITIONAL MAINTENANCE EXPENSES.

SO I THINK THAT GETS TO THE HEART OF MAYBE MR. KAMENJARIN'S COMMENT ON EXPENSES AND WHO'S PAYING AND MAINTAINING IT CAUSED BY THE DEVELOPMENT ENSURE CREEK MAINTENANCE ACCESS ROADS ARE MAINTAINED AND UNOBSTRUCTED IN PERPETUITY.

I DON'T KNOW IF THAT GETS TO WHERE COMMISSIONER LAFFERTY IS GOING, AND I TOTALLY UNDERSTAND HOW WE HAVE TO KEEP THEM SEPARATE.

BUT IS THERE ANYTHING YOUR GREAT LEGAL MIND COULD SUGGEST THAT MIGHT SAY MAYBE.

I DON'T KNOW.

THAT'S WHY I'M NOT SUGGESTING ANYTHING, I'M NOT A GREAT LEGAL MIND.

I'M JUST POINTING YOU IN THE DIRECTION, THINKING HE MIGHT BE ABLE TO GIN SOMETHING UP

[02:15:01]

THAT.

WELL, COMMISSIONER LUNA, 31 DOES ADDRESS IT.

I DON'T KNOW, MR. KEMP, YOU MIGHT WANT TO ADD TO THAT.

OH, I MEAN, IT DOES ADDRESS IT.

AND IT ALSO ADDRESSES THE ISSUE OF THE MAINTENANCE OF THE ACCESS ROADS.

I THINK THIS YOUR KAMENJARIN AND BROUGHT UP AS WELL.

SO I DON'T KNOW.

I WOULD ASSUME COMMISSIONER LAFFERTY IS AWARE OF THIS AND DOESN'T THINK THAT IT'S SUFFICIENT, BUT FOR OUR PURPOSES AND WHAT WE'RE TRYING TO ACCOMPLISH, WE OBVIOUSLY BELIEVE THAT IT WAS THERE AND IT IS.

MR. ELIOPOULOS? HOW ABOUT JIMMY FROM NOW ON? I LIKE THAT BETTER.

I'M HAVING A REAL PROBLEMS. SORRY ABOUT THAT.

IT'S OK.

JUST A POINT OF FACT.

AS FAR AS THE THE MAINTENANCE OF THE CREEK, WHAT'S BEING DONE IN THE LAST, LET'S SAY, 12, 13 YEARS SINCE I'VE OWNED THE PROPERTY, IS THAT THE CITY OF CARLSBAD JUST COMES ONTO MY PROPERTY AND USES IT TO DO THEIR WORK.

AND THE PROBLEM IS IF IT RAINS, SOME OF THE TRUCKS MIGHT EVEN GET STUCK IN THERE IN ITS CURRENT CONDITION.

SO THERE ISN'T REALLY A PLACE THERE RIGHT NOW TO DO PROPER CREEK MAINTENANCE.

SO WHAT WE'VE COME UP WITH THE CITY AND AGAIN, THE MAINTENANCE PART HAS NOTHING TO DO WITH OUR PROJECT.

IT IS A SEPARATE PROJECT, SEPARATE COASTAL PERMITS.

AND WE'VE SAT IN THOSE MEETINGS MANY, MANY TIMES.

WE'VE OFFERED ACTUALLY TO PUT TOGETHER A TEAM TO I'D RATHER TAKE CARE OF IT, BUT THE CARLSBAD SAID, THE CITY CARLSBAD THAT IT'S THEIR JOB AND I RESPECT THAT.

SO WE'VE MADE THE INROADS THAT LITERALLY THE ROADS TO GO AND CLEAN THIS PROPERTY, THE CREEK PROPERLY.

AND ONE MORE THING I WANTED TO ADD ON FOR COMMISSIONER KAMENJARIN IS HE MENTIONED ABOUT THE HOTEL NEXT DOOR.

I MEAN, SORRY, THE SHOPPING CENTER NEXT DOOR THAT'S IN DIRE STRAITS.

OVER THE YEARS, WE'VE MET WITH ALL THE OWNERS, THE WESTFIELD AND ALL THE WAY DOWN.

IT'S FUNNY BECAUSE IN THE BEGINNING THEY WERE GIVING CONDITIONS ON US AND THE CITY NOT TO BUILD CERTAIN THINGS ON OUR PROPERTY IN ORDER NOT TO NOT TO HINDER THEIR PROPERTY.

AND WE'VE AGREED TO ALL OF IT.

BUT WHAT'S IRONIC IS THAT NOW WE ARE GOING TO BE THE LEADING GENERATOR FOR THEIR TENANTS ARE COMING DIRECTLY FROM OUR CUSTOMERS AND THEY SEE THAT NOW.

AND THAT'S WHY OUR TALKS WITH OUR NEIGHBORS THERE HAVE BEEN MORE HOW CAN WE HELP THEM.

OBVIOUSLY, THEY NEED THE HELP AND OUR CUSTOMERS WILL BE THERE FOR THEM.

SO I JUST WANTED TO MENTION.

THANK YOU.

MR. GOFF, DID YOU HAVE A COMMENT? YEAH, I WAS ALSO GOING TO POINT OUT THAT ON RESOLUTION 74119 UNDER ENGINEERING GENERAL CONDITIONS TWENTY FIVE AND TWENTY SIX DOES ALSO ADDRESS CREEK MAINTENANCE AND SHEET C9 OF THE PLANNING COMMISSION EXHIBITS IS AN ENTIRE EXHIBIT DEVOTED SPECIFICALLY TO THE CREEK MAINTENANCE PROGRAM AND HOW THE CITY OF CARLSBAD CAN CONTINUE OUR OPERATIONS IN THERE, INCLUDING LOCATION OF DUMPSTER LOCATIONS, DREDGING STOCKPILE LOCATIONS AND SO ON.

SO WE HAVE MORE THAN CONNECTED THIS PROJECT TO OUR DRAINAGE OPERATIONS AND IT IS OUR RESPONSIBILITY UNDER OUR AGREEMENTS THAT HAVE BEEN PUT IN PLACE.

THANK YOU FOR THE CLARIFICATION, MR. GOFF.

I APPRECIATE IT.

COULD WE HAVE SOME DISCUSSION ON THIS ITEM NOW? COMMISSIONER STINE? YES, I'LL SHARE MY PERSPECTIVE ON THIS.

THIS IS AN UNUSUAL PROJECT IN IT.

IT IT'S OVER TWO JURISDICTIONS, SEPARATE JURISDICTIONS OUR SISTER CITY, OCEANSIDE AND OURSELVES.

THE BULK OF IT, AS WE ALL KNOW, THE ACTUAL PHYSICAL DEVELOPMENT IS ALL GOING TO BE ON THE OCEANSIDE SIDE.

THAT'S WHERE THERE IS AND THE LAND THAT'S GOING TO BE HOTELS, RESTAURANTS AND THAT KIND OF THING.

WE DON'T HAVE ANY JURISDICTION OVER THAT THAT'S BEING REVIEWED, ANALYZED, REVIEWED AND FINALLY APPROVED BY THE CITY OF OCEANSIDE.

SO I THINK THAT OUR FOCUS SHOULD BE IN THE NARROW AREA, WHICH IS IN CARLSBAD AS PURVIEW.

USING MY ANALOGY BEFORE, WE'RE THE TAIL, THEY'RE THE DOG.

THE BIG DOG IS THE HOTELS THAT'S BEEN DONE.

AND I DON'T THINK WE CAN HAVE ANY AUTHORITY TO REREVIEW THAT PERSONALLY LOOKS LIKE A BEAUTIFUL PROJECT TO ME.

SO IN FOCUSING ON OUR AREA, IT'S AN AREA THAT HAS BEEN IT'S TIGHTLY CONSTRAINED BECAUSE IT HAS A CREEK RUNNING THROUGH IT.

WE HAVE HABITAT ISSUES.

WE HAVE ENVIRONMENTAL ISSUES THAT WE NEED TO BE SENSITIVE TO.

AND IN TERMS OF OUR DUTIES HERE ON THE COMMISSION, IN TERMS OF OUR LEGISLATIVE HAT

[02:20:04]

WHICH WE CAN WEAR A PART OF THIS HERE, WE'RE BEING ASKED TO CHANGE THE ZONING FROM COMMERCIAL TO OPEN SPACE TO ACCOMMODATE A VERY NARROW STRIP.

AND WHEN I LOOK AT THAT STRIP, I SAY THE REALISTIC COMMERCIAL POTENTIAL OF THAT STRIP IS MINIMAL.

OVERALL, WE'RE TALKING ABOUT TWO POINT SIX SOMETHING ACRES.

AND IF WE REALLY MICROSCOPE THAT DOWN A LITTLE BIT, IT'S MUCH LESS THAT HAS ANY COMMERCIAL POTENTIAL AT ALL.

SO I DON'T THINK WE'RE LOSING ANY COMMERCIAL OPPORTUNITIES BY CHANGING THE COMMERCIAL TO THE OPEN SPACE.

SO I DON'T SEE THAT IS A PROBLEM HERE.

IF IT WAS A LARGE GENERAL COMMERCIAL AREA, WE WOULD CHANGE IN THAT OPEN SPACE, DENYING US BUSINESS OPPORTUNITIES.

THAT'S A COMPLETELY DIFFERENT ISSUE.

BUT THIS IS SO TIGHTLY CONSTRAINED.

REALITY IS THERE'S NOT MUCH COMMERCIAL POTENTIAL THERE.

SO I DON'T SEE THAT AS A NEGATIVE WEARING OUR LEGISLATIVE HAT THAT THAT WOULD BE FINE.

WE'RE NOT LOSING ANYTHING.

AS I DIRECT MY QUESTIONS TO THE PLUSES, I THINK THERE ARE SOME VERY SIGNIFICANT PLUSES TO US AS THE CITY OF CARLSBAD.

THOSE ARE ECONOMIC.

AND THE APPLICANT, I THINK, GAVE AN EXCELLENT RESPONSE TO MY QUESTION ABOUT THOSE HE ARTICULATED THOSE SHORT TERM, WHICH ARE GOING TO BE CONSTRUCTION JOBS LONG TERM, WHICH ARE GOING TO BE PERMANENT EMPLOYEES OF THE HOTEL.

MOST OF THOSE EMPLOYEES ARE FROM CARLSBAD AND IN VARIOUS CITIES.

SO THERE'S A PLUS THERE.

EVEN MORE IMPORTANTLY, IT'S GOING TO A BOOST TO OUR SALES TAX.

IT'S GOING TO GENERATE REVENUES IN THE AREA.

AND AS MR. KAMENJARIN POINTED OUT, THE MALL OVER THERE HAS BEEN HURTING FOR A LONG, LONG TIME.

AND I THINK WE MUST TAKE THAT CONSIDERATION.

AND HAVING A LARGE HOTEL THERE WOULD BE, WOULD HAVE, COULD HAVE.

AND I THINK WE'LL HAVE A MAJOR SHOT IN THE ARM ECONOMICALLY, NOT ONLY TO THE SHOPS, OF CARLSBAD, THE NORTH COUNTY PLAZA, THOSE SATELLITE BUSINESSES THAT ARE OFF TO THE WEST THERE.

SO I SEE THIS IS A BIG ECONOMIC BOOST.

IT'S A BENEFIT TO CARLSBAD.

I SEE, IN TERMS OF ENVIRONMENTAL, I WOULDN'T WANT TO JUST JUST HAVE ENVIRONMENTAL BOOST AT THE EXPENSE OF ENVIRONMENTAL.

I DON'T SEE THIS AS ENVIRONMENTAL EXPENSE.

I SEE THIS IS ENHANCING OUR HABITAT MANAGEMENT.

MR. GOFF WAS VERY DETAILED HOW THAT MIGHT HAPPEN WITH THE LANDSCAPING FOR THE MANAGEMENT OF THE CREEK THERE.

WE WILL HAVE AN OPPORTUNITY TO ADD TO ENHANCE OUR FLOODPLAIN MANAGEMENT.

SO I DON'T SEE THIS AS A ENVIRONMENTAL NEGATIVE.

I SEE THIS AS A SLIGHT POSITIVE.

COULD IT BE BETTER? POSSIBLY.

BUT THOSE DECISIONS WERE MADE A LONG, LONG TIME AGO.

WE HAVE AN ACTIVE MAINTENANCE DISTRICT THAT TAKES CARE OF THAT.

I JUST DON'T THINK WE CAN GET TOO MUCH IN THE WEEDS TO CHANGE THAT AT THIS PARTICULAR POINT.

SO THAT'S A GIVEN.

SO LEGISLATIVE HAT, I THINK THIS IS A PLUS FOR CARLSBAD.

[INAUDIBLE] TRADITIONAL HAT.

WHEN YOU LOOK AT THE SPECIFICS, I THINK THIS IS ALSO A BOOST FOR CARLSBAD OVERALL.

YOU [INAUDIBLE] FOR THIS TWO POINT SIXTY SIX ACRES.

SO I'M IN FAVOR OF THE PROJECT FOR THOSE REASONS.

YEAH, I THINK THAT WHEN YOU'RE LOOKING AT THE PORTION OF THE PROPERTY THAT'S IN THE CITY OF CARLSBAD, I THINK ALL THE ISSUES AND OR I GUESS YOU SAY T'S CROSSED AND I'S DOTTED IN REGARD TO ENSURING THAT THE IMPROVEMENTS TO THE HABITAT IN RELATION TO WHAT IT IS TODAY AND WHAT IMPROVEMENTS ARE GOING TO BE MADE TO IT TO ENSURE THAT THE ENVIRONMENTAL ASPECT IS WELL TAKEN CARE OF.

I THINK ALL OF THOSE HAVE BEEN ADDRESSED BY BY THE APPLICANT AS WELL AS THE CITY OF OCEANSIDE AND CARLSBAD.

COMMISSIONER SABELLICO? I AGREE WITH MUCH OF THAT, I WAS TALKING WITH ATTORNEY BEFORE THIS MEETING ABOUT, YOU KNOW, I ASKED HIM IN HIS EXPERIENCE WORKING FOR THE PLANNING COMMISSION AND THEN, YOU KNOW, IN HIS TIME AT PUBLIC WORKS BEFORE THAT, IF HE'S EVER SEEN A MULTI JURISDICTIONAL EIR KIND OF LIKE THIS AND HE SAID THAT HE HAD NOT.

SO I CAN APPRECIATE THE ATTENTION TO DETAIL THAT A LOT OF THESE ISSUES ARE RECEIVING JUST BECAUSE THEY DON'T COME UP A LOT.

HOWEVER, THAT BEING SAID, I ABSOLUTELY AGREE WITH COMMISSIONER STINE.

I HAVE NO OPINION ON THE BEST USE OF THE LANDS UP IN OCEANSIDE BECAUSE IT'S NOT MY JOB TO CONSIDER THAT.

IT'S JUST, I REALLY HAVEN'T EVEN GIVEN THAT ENOUGH THOUGHT TO REALLY COMMENT ON IT, BUT AS FAR AS THE SLICE, THE FEW HUNDRED SQUARE FOOT SLICE OF CARLSBAD THAT WE'RE LOOKING AT HERE, I THINK I THINK THEY'VE DONE A PRETTY GOOD JOB.

AND I THINK IT WILL DEFINITELY BOOST BUSINESSES HERE IN CARLSBAD, WHICH IS A

[02:25:04]

PLUS.

SO, YOU KNOW, LEGISLATIVE HAT, I THINK IT'S A GOOD IDEA.

QUASI JUDICIAL HAT.

I THINK IT IS CERTAINLY IN COMPLIANCE WITH ALL OF THE MUNICIPAL CODES AND THE LAWS THAT WE HAVE TO MAKE SURE THAT, YOU KNOW, IT FOLLOWS.

I CAN'T REALLY GIVE TOO MUCH COMMENT TO MS. [INAUDIBLE] LETTER BECAUSE AS ATTORNEY KEMP HAS NOTED, THE EIR IS NOT BEFORE US.

HOWEVER, I JUST DON'T THINK FROM A POLICY STANDPOINT, IT'S FAIR TO MAKE OCEANSIDE DEVELOPMENTS COMPLY WITH A CARLSBAD CLIMATE ACTION PLAN.

I LIKE OUR CLIMATE ACTION PLAN.

I LIKE THAT WE HAVE A CLIMATE ACTION PLAN.

AND I THINK THAT OCEANSIDE SHOULD HAVE A CLIMATE ACTION PLAN OF THEIR OWN, BUT WE CAN'T MAKE THEM FOLLOW OUR RULES.

WELL SAID, COMMISSIONER LUNA? I'M COMFORTABLE WITH THE CONDITIONS, I THINK STAFF HAS DONE A GREAT JOB.

I THINK OUR LEGAL OFFICE HAS ALSO I UNDERSTAND COMMISSIONER LAFFERTY'S CONCERN, BUT I ALSO UNDERSTAND COUNSELOR KEMP'S CONCERN.

ONE THING THAT I AM I WOULD WISH TO THERE'S SUCH A WORD IS JUST ENJOYING IS I DON'T THINK IT'S WITHIN OUR LANE TO DECIDE WHETHER THIS IS AN ECONOMIC GENERATOR OR NOT.

I DON'T THINK THAT'S THE PLANNING COMMISSION'S POSITION THAT WOULD NEVER ENTER INTO MY DECISION ON THIS PROJECT.

I APPRECIATE THE DISCUSSION, BUT THAT IS NOT WHAT THIS COMMISSION IS CHARGED WITH UNDER EVALUATING THIS PROPOSAL.

THAT'S SOMETHING MAYBE MORE FOR CITY COUNCIL, BUT I DON'T FEEL IT'S APPROPRIATE FOR THIS COMMISSION.

SO I MUST VOICE MY OPINION ON THAT AND THAT I DON'T THINK THAT THAT WOULD BE APPROPRIATE FOR ME TO COMMENT ON THE ECONOMIC GENERATION OF THIS AND THAT THAT IS NOT WHAT WE ARE LOOKING AT, WHETHER IT'S GOOD FOR THE CITY OR NOT.

WE'RE LOOKING AT THE LAND USE ISSUES.

AND I THINK THAT'S THE LANE THAT I'M COMFORTABLE STAYING IN SO I CAN SUPPORT THIS PROJECT AS IT IS.

OK.

ANY FURTHER DISCUSSION, COMMISSION NOTES? THANK YOU.

AS WE LOOK AT THE PROJECT, IT'S INTERESTING FROM AN IMPACT STANDPOINT, THE LAND ITSELF, I DON'T REMEMBER THE EXACT NUMBERS THAT MR. GOFF GAVE DURING THE BRIEFING, BUT THE PIECE OF LAND THAT BEFORE US IS SO SMALL, IT'S ALMOST IS A SOURCE OF WASTED LAND.

CAN IT REALLY BE USED FOR TAKING, I THINK, WHAT'S REALLY WASTED AND POSSIBLE DEVELOPED PIECE OF LAND JUST WITHIN THE USE OF CARLSBAD [INAUDIBLE] ECONOMIC USE? AND I COMPLETELY AGREE WITH COMMISSIONER LUNA.

WE'RE NOT HERE TO COMMENT ON THE ECONOMIC IMPACTS OF IT, BUT IT DOES TAKE SOMETHING IS WE SAY IT'S ACTUALLY BEEN AT LEAST PUT TO SOME ECONOMIC USE WORDS BEFORE IT CAN BE USED AT ALL ITS SIZE AND ACCESS.

THEN THE OTHER THING I THINK IT'S INTERESTING TO NOTE TO WHICH I'M ALSO IN FAVOR OF IS, YOU KNOW, FROM A TRAFFIC STANDPOINT IN GENERATION AND ALL THAT IT'S HARD TO THINK OF A PROJECT THAT INCREASES TRAFFIC.

IT REALLY HAS NO IMPACT ON REALLY SURROUNDING RESIDENTIAL NEIGHBORS.

THEY COME ALONG MIREN ROAD AND ON THE RING ROAD AND IT DOESN'T REALLY IMPACT THEM NEGATIVELY AT ALL.

BUT AGAIN, I THINK IT IS THAT WHEN I LOOK AT IT AS A COMMISSIONER STANDPOINT, WE'RE TAKING THE FORTUNATE WITHIN CARLSBAD PHYSICALLY IMPOSSIBLE TO USE FOR ANYTHING.

BY THE TIME YOU SLICE IT DICE THAT YOU'RE REALLY LEFT WITH NOTHING LEFT AND REALLY NOT A WAY TO ACCESS IT.

AND NOW IT'S ACTUALLY WITHOUT SAYING THAT WITHOUT AND I AGREE WITH COMMISSIONER LAFFERTY, WE'RE NOT TRYING TO DISCUSS THE AMOUNT OF ECONOMICS THAT'S OUR PURVIEW.

BUT IT DOES TAKE A PIECE OF LAND THAT HAS REALLY NO USE OF ITS OWN AND PUTS IT INTO USE.

AND I THINK THAT'S GOOD.

SO WE LOOK AT THE TRAFFIC, THE FACT IT'S TAKING SOMETHING PRODUCTIVE USE IN OF ITSELF IS GOOD.

I THINK THAT'S WITHIN OUR PURVIEW AND I WOULD SUPPORT THE PROJECT.

COMMISSIONER LUNA, YOU HAD YOUR HAND UP.

ARE YOU? YOU'RE GOOD.

OK, GOOD.

ALL RIGHT.

ANY FURTHER DISCUSSION, COMMISSIONER LAFFERTY? YOU.

I HAVE A COMMENT.

I'D LIKE TO COMMISSIONER KAMENJARIN LET COMMISSIONER LAFFERTY CONTINUE AND THEN I'LL COME BACK TO YOU.

NO, LET MR. KAMENJARIN.

COMMISSIONER KAMENJARIN GO FIRST, PLEASE.

OK, COMMISSIONER KAMENJARIN? THANK YOU.

FIRST, I WANT TO THANK OUR STAFF FOR ALL THIS WORK.

THE APPLICANT FOR THEIR PERSISTENCE.

IN THIS SLIVER, THIS AWKWARD PIECE OF LAND.

I'VE GIVEN A LOT OF THOUGHT TO THIS AND, I JUST SEE THIS AS WELL, FIRST OF ALL, I DON'T BELIEVE EVERY PIECE OF LAND ANYWHERE HAS TO HAVE SOME SORT OF USE OR ECONOMIC VALUE.

YOU KNOW, I BELIEVE THERE'S SOMETHING TO BE SAID FOR OPEN SPACE.

[02:30:02]

AND THE APPRECIATION OF THAT.

I LOOK AT THIS AND WERE I ON THE PLANNING COMMISSION FOR OCEANSIDE, I'D BE ALL FOR THIS.

I THINK THE BENEFITS TO THAT CITY ARE OBVIOUS.

BUT FRANKLY.

FOR OUR CITY, I THINK THE LIABILITIES.

THE TROUBLE, THE MAINTENANCE CERTAINLY OUTWEIGH THE BENEFITS.

SO I WOULD BE OPPOSED TO THIS AT THIS DATE.

I WOULD BE AMENABLE TO A POSSIBLE POSTPONEMENT.

BUT AT THIS POINT, I'LL VOTE NO.

COMMISSIONER LAFFERTY? THANKS.

YEAH, ALTHOUGH I DO FEEL THAT WITH THE, I THINK THE CONVERSATIONS HAVE BEEN REALLY INFORMATIVE.

I THINK THE DEVELOPER HAS TRIED TO ADDRESS A LOT OF THESE ISSUES.

BUT AGAIN, I GO BACK TO THE CONDITION NUMBER FIVE, WHERE THE MAINTENANCE PROGRAM FOR THE ACTUAL CREEK ISN'T ADDRESSED AND WE DON'T KNOW WHAT THE MAINTENANCE WOULD BE, WILL BE ONCE THIS DEVELOPMENT HAPPENS.

SO, YOU KNOW, AND WE DON'T HAVE A PROJECTION OF THAT.

SO I'M VERY CONCERNED THAT THAT PARTICULAR CONDITION, IT HASN'T BEEN MET AND I CAN'T SUPPORT THE PROJECT UNLESS WE HAVE A CONDITION WHERE THAT CONDITION COULD BE MET WITH THE MAINTENANCE AGREEMENT SOMEHOW BEING INCLUDED FOR THE CREEK ITSELF.

THE SAN LUIS OBISPO CREEK WALK IS SUCH AN INTERACTIVE PRECEDENT TO USE IN THIS PARTICULAR LOCATION.

WE HAVE SO MUCH COMMERCIAL AND HOTEL AND THINGS.

IT'S A GREAT OPPORTUNITY.

IT DOESN'T ACTUALLY ACCESS THE CREEK, BUT IT ACTUALLY ALLOWS PEOPLE TO UTILIZE IT MORE.

I THINK THAT THIS HOTEL DEVELOPMENT COULD HAVE ACTUALLY IMPLEMENTED SOME OF THOSE IDEALS AS AN INTERACTIVE.

BUT RIGHT NOW IT'S A ROAD, NOT A TRAIL.

IT'S A, YOU KNOW, A REALLY WALLED OFF COMPLEX, YOU KNOW, HIGH ABOVE THIS CREEK BED THAT ISN'T REALLY CREATING ANY KIND OF INTERACTIVE EXPERIENCE THAT I'M CONCERNED WITH.

AND LIKE I SAY, THERE'S YOU KNOW, AND THIS IS DIRECTLY IMPACTING.

IT'S OUR NEXT DOOR NEIGHBOR THAT'S GENERATING ALL THIS TRAFFIC INTO RIGHT NOW OUR PROPERTY, OUR COMMUNITY.

AND IT'S GOT ONE SIDEWALK ON A BRIDGE THAT IS A LONG WALK FROM THE TRANSIT CENTER, WHICH THEY'RE GOING TO GIVE BUS PASSES TO.

SO I'M CONCERNED FOR A LOT OF REASONS THAT THIS PROJECT DOESN'T MEET ARCHITECTURALLY OR EVEN ENVIRONMENTALLY THE GOALS OF OUR CITY.

SO I HAVE TO UNLESS WE CAN POSTPONE IT AND FIND ADDITIONAL INFORMATION TO INCLUDE IT WILL BE A VERY DIFFICULT THING FOR ME TO APPROVE.

MR. KEMP? WOULD YOU LIKE TO ADD ANYTHING? NO, YOU KNOW, WE'LL WAIT UNTIL THE VOTE IS TAKEN.

OK.

MR. NEU? THANK YOU, MR. CHAIR.

I GUESS THE ONLY THING I WOULD ADD IS AND YOU'VE SEEN IN THE DOCUMENTATION PROVIDED THAT THERE ARE A NUMBER OF PERMITS FOR THE CARLSBAD PART OF THE PROJECT.

OBVIOUSLY, A LARGER SHARE OF THIS PROJECT IS WITHIN THE CITY OF OCEANSIDE.

SO I GUESS I WOULD JUST CAUTION YOU, AS YOU CONSIDER YOUR POSITION ON THIS PROJECT TO TRY TO SEPARATE EXACTLY WHAT IT IS YOU'RE BEING ASKED TO ACT ON ON THE CARLSBAD SIDE FROM THE LARGER PROJECT.

AND I KNOW THAT'S A LITTLE TOUGH, GIVEN THAT YOU WERE PROVIDED THE WHOLE SET OF PLANS.

I THINK MR. GOFF'S PRESENTATION DID A NICE JOB OF TRYING TO BREAK DOWN FOR YOU EXACTLY THE ELEMENTS IN CARLSBAD.

BUT NOW THAT WOULD BE MY ONLY COMMENT FOR YOU TODAY.

THANK YOU.

EXCELLENT.

THANK YOU, MR. KEMP? YOU'RE MUTED, MR. KEMP.

I CLICKED ON IT.

NOTHING HAPPENED, I JUST TO FOLLOW UP ON WHAT CITY PLANNER NEU SAID, IF THE COMMISSION IS INCLINED TO DENY THIS PROJECT, WE WOULD HAVE TO COME BACK WITH FINDINGS THAT YOU COULD ADOPT ON WHY YOU CAN'T PROVE THIS PROJECT.

AND AS IT'S BEEN STATED BY SOME COMMISSIONERS AND ME AND SOME OTHERS, YOU KNOW, ECONOMIC FACTORS ARE NOT GOING TO BE A FINDING THAT YOU COULD ADOPT THE ARCHITECTURE OF THE HOTEL BECAUSE THE HOTEL IS IN THE CITY OF OCEANSIDE AND IS NOT BEFORE YOU, IS NOT A FINDING THAT YOU COULD ADOPT BECAUSE THAT'S NOT BEFORE YOU.

IT HAS TO BE ONE OF THE FINDINGS THAT WE CAN'T MAKE OR THAT WE WOULD MAKE SOME KIND OF A FINDING THAT IS WITHIN THE PURVIEW OF THE PLANNING COMMISSION AND IS AN ASPECT OF THE PROJECT AND WHAT IS BEFORE YOU TONIGHT.

SO I JUST WANT.

[02:35:01]

EXCELLENT.

EVERYBODY TO THINK ABOUT THAT AS THEY VOTE.

THANK YOU FOR THE CLARIFICATION, GENTLEMEN.

I APPRECIATE THAT.

COMMISSIONER STINE? YES.

ONE OF THE BEAUTIES OF BEING ON THIS COMMISSION, AS I GET TO LISTEN TO MY COMMISSIONER COLLEAGUES, I LEARNED THINGS AND I HEARD PERSPECTIVES.

AND I REALLY APPRECIATE ALL THE COMMENTS THAT WERE GIVEN TO THE COMMENTS I HAD.

AND I THINK WHEN IT COMES DOWN TO IT, SEPARATE APART FROM THE ECONOMIC IMPACT, WHAT I UNDERSTAND A LOT OF MY COMMISSIONER COLLEAGUES DON'T THINK WE SHOULD CONSIDER.

OK, LET'S LOOK AT THE GREAT LAND USE ISSUES.

WE HAVE A SLIVER OF PROPERTY, TWO AND A HALF ACRES, EVEN LESS, THAT'S POTENTIALLY BUILDABLE THAT THEY WANT TO CHANGE FROM COMMERCIAL TO OPEN SPACE.

TO ME, THAT'S A PLUS, BECAUSE THE COMMERCIAL ADVANTAGE IS IT ISN'T VIABLE.

SO WE'RE GIVING MORE OPEN SPACE.

WE HAVE ENVIRONMENTAL PLUSES WITH ALL THE ELABORATE PROTECTIONS THAT ARE GIVEN TO THE CREEK.

IS IT PERFECT? PROBABLY NOT.

BUT I LOOK AT IT FROM A BIGGER PERSPECTIVE AND SAY THIS THING HAS BEEN STEADY FOR OVER A DECADE, MEETINGS ON MEETINGS ON MEETINGS WITH VARIOUS AGENCIES.

AND YES, YOU'RE NOT GOING TO SATISFY EVERYONE.

BUT I'M STRUCK BY THE FACT THAT WE DON'T HAVE A CHORUS OF PEOPLE FROM A STRONG ENVIRONMENTAL PERSPECTIVE THAT ARE COMING TO US AND SAYING, DON'T DO THIS.

WE HAVE RECEIVED ONE LETTER THAT SUGGESTS THAT'S INAPPROPRIATE.

THEN THERE ARE SOME ENVIRONMENTAL ISSUES.

BUT YOU WOULD THINK IF THIS WAS A LOT OF PEOPLE FELT THAT WAY, A LOT OF GROUPS FELT THAT WAY, WE WOULD BE INUNDATED WITH SPEAKERS AND COMMENTS THAT SAY, DON'T DO THIS, WE'VE RECEIVED ONE.

SO THAT'S SIGNIFICANT TO ME.

SO LET'S PUT THE ECONOMIC IMPACT ASIDE.

I UNDERSTAND THAT WE HAVE DIFFERENT VIEWS ON THAT.

BUT JUST FROM A STRAIGHT LAND USE PERSPECTIVE, I THINK THE CHANGE FROM COMMERCIAL TO OPEN SPACE, WITH ALL THE PROTECTIONS THAT CAN BE GIVEN TO THE CREEK AREA MAKES SENSE.

AND FOR THAT REASON, I SUPPORT.

THANK YOU.

ANY OTHER FURTHER DISCUSSION? MAY I HAVE A MOTION? COMMISSIONER LUNA? I MOVE FOR APPROVAL OF STAFF'S RECOMMENDATION, AS STATED IN THE STAFF REPORT.

I'LL MAKE A SECOND.

COMMISSIONER LAFFERTY? NO.

COMMISSIONER LUNA? YES.

COMMISSIONER KAMENJARIN? NO, COMMISSIONER MEENES? YES.

COMMISSIONER MERZ? YES.

COMMISSIONER SABELLICO? YES.

AND COMMISSIONER STINE? YES.

THANK YOU.

WE HAVE FIVE AFFIRMATIVE AND TWO NO.

ALL RIGHT, EXCELLENT, THANK YOU VERY MUCH, STAFF, AND THANK YOU FOR THE APPLICANT.

WE SURELY APPRECIATE.

OK.

EXCELLENT MS. FLORES, ANYTHING FURTHER? IF NOT, I'M GOING TO CLOSE THE PUBLIC HEARING OK, WE'LL CLOSE THE PUBLIC HEARING.

THANK YOU VERY MUCH.

THAT CONCLUDES THE PUBLIC HEARING PORTION OF TONIGHT'S MEETING.

THANK YOU.

COMMISSIONERS, ANY REPORTS AT ALL FROM THE COMMISSION, EACH ONE?

[PLANNING COMMISSION MEMBER REPORTS:]

COMMISSIONER LAFFERTY? I UNDERSTAND UNLESS IT GETS POSTPONED, THERE'S A HISTORIC PRESERVATION COMMISSION MEETING ON MONDAY.

I DON'T KNOW IF THERE'S ANY FURTHER UPDATES ON THE CULVERHOUSE OR IF THE LETTER HAS BEEN PRESENTED TO CITY COUNCIL YET REGARDING THE ORIGINAL 1990 LIST.

SO HOPEFULLY WE'LL GET AN UPDATE ON THE 12TH.

GREAT.

THANK YOU SO MUCH.

APPRECIATE THAT, COMMISSIONER LUNA? ANY HOUSING ELEMENT UPDATE FROM THE STATE? I ALWAYS CAN ASK, I'M HOPEFUL.

I HOPE I'M [INAUDIBLE] HOPE GIRL.

IT WILL BE OVER.

IT SHOULD BE HAPPENING SOON.

WE WOULD HOPE THAT WE'LL HEAR SOMETHING.

OK, ROY, THANK YOU.

YOU CAN SAY WHAT I DIDN'T WANT TO SAY FOR THE LOVE OF WHOEVER.

CAROLYN, I WOULD THINK NO NEWS IS GOOD NEWS.

OK, I'LL TAKE THAT.

WE DID RECEIVE SOME EMAILS TODAY.

IT SOUNDS LIKE THEY'RE TRYING TO GET THEIR COMMENTS OR THEIR ACTION TO US BY EARLY NEXT WEEK, WHICH IS NEAR THE DEADLINE.

SO THEY HAD SOME FOLLOW UP QUESTIONS THAT WE'RE RESPONDING TO ADDRESS BEFORE THEY FINALIZE THEIR LETTER.

I KNEW I FELT SOMETHING IN THE AIR.

WAS IT DELTA? NO, IT WASN'T, FORTUNATELY.

OK, DON, YOU LOOK LIKE YOUR STAFF IS HANGING IN THERE AND THEY'RE ALL BACK IN THE OFFICE.

SO I DON'T KNOW IF THAT'S GOOD OR BAD, SO.

ANY OTHER COMMISSION REPORTS? NO OTHER COMMISSIONERS? OK, MR. NEU, ANY REPORT FOR US?

[02:40:02]

THANK YOU, MR. CHAIR.

I DO NOT HAVE A REPORT TODAY, I WILL SAY, AND YOU'LL SEE IN THE

[CITY PLANNER REPORT:]

TENTATIVE SCHEDULE, WE WILL HAVE A COUPLE OF COUNCIL MEETINGS COMING UP AND WE WON'T KNOW ABOUT THE LATER AUGUST MEETING UNTIL TOMORROW, WHETHER THAT'S GOING TO BE NEEDED, OK.

THERE'LL BE A LITTLE BIT OF A RECESS FOR FOR PART OF THE SUMMER, OK.

AND BACK INTO THE CITY COUNCIL CHAMBERS ON OUR NEXT WHEN WE DO OUR NEXT MEETING.

YES.

EXCELLENT.

EXCELLENT.

ARE THERE ANY CONDITIONS IN REGARD TO MASKS AND THINGS OF THAT NATURE THAT YOU'RE KNOWLEDGEABLE ON REGARDING ANY DICTATES FROM THE COUNTY HEALTH DEPARTMENT? YEAH, WELL, AS WE ALL KNOW, THAT'S A CONSTANTLY CHANGING SET OF RULES.

I THINK AS WE GET CLOSER, IF THERE ARE A SET OF GUIDELINES THAT WE NEED TO WORK WITH OR ANY CAPACITY LIMITATIONS ON THE IN-PERSON MEETING, WE'LL WE'LL GO AHEAD AND SHARE THAT WITH YOU ALL.

AND AS WE PREPARE TO GO BACK TO AN IN-PERSON MEETING.

OK, COMMISSIONER KAMENJARIN, YOU HAD YOUR HAND UP.

A COUPLE OF QUESTIONS, DON, AS OF THIS POINT.

WHEN WOULD OUR NEXT COMMISSION MEETING OCCUR? THE SOONEST WE WOULD HAVE AN IN PERSON WOULD BE AUGUST 18TH.

AND AS I WAS SAYING, WE MAY NOT HAVE THAT MEETING.

OUR KIND OF OUR SCHEDULING TO FIGURE OUT IF WE HAVE AGENDA ITEMS ARE CLOSING DATE FOR THAT IS TOMORROW.

I THINK IT'S TOMORROW.

YEAH, IT IS.

WELL, THE 8TH.

IT'S POSSIBLE THAT WE WON'T MEET TILL SEPTEMBER.

I KNOW WE HAD A COUPLE OF COMMISSIONERS THAT WERE GOING TO BE ABSENT FOR THAT DAY, SO THAT WOULD BE THE EARLIEST.

BUT LIKE I SAY, IT'S VERY POSSIBLE IT'LL BE SEPTEMBER.

AND YOU'LL GET BACK TO THE COMMISSION IN THE NEXT COUPLE, TWO, THREE DAYS THEN, IN REGARD TO THAT? YES.

IN FACT, I THINK WHEN WE WE SHOULD KNOW FOR BEFORE WE SEND YOU OUT THE UPDATED TENTATIVE SCHEDULE, THOUGH, IF WE'RE, IF WE HAVE SOMETHING OR WE DON'T, YOU'LL SEE IT ON THAT SCHEDULE.

AND THEN MY FOLLOW UP WOULD BE AND WE TALKED ABOUT THIS YESTERDAY AT THE BRIEFING, WHEN COULD WE SCHEDULE A TIME FOR THE COMMISSION TO DISCUSS THE TIME FOR OUR MEETINGS? SURE, SO WE COULD DO THAT AT OUR NEXT MEETING.

ONE OF THE THINGS THAT I WENT BACK AND LOOKED AT THE PLANNING COMMISSION PROCEDURES, BECAUSE I KNOW YOU DID DISCUSS IT AT A MEETING A FEW BACK, IF IT IS SOMETHING THAT YOU WANT TO PUT ON THE AGENDA, IF YOU COULD HAVE A MOTION AND A SECOND AND IF A MAJORITY WANT TO HAVE IT ON THERE, THEN WE'LL GO AHEAD AND PUT THAT ON FOR YOU TO DECIDE IF YOU'D LIKE TO TRY CHANGING THE MEETING TIME OR NOT.

I THINK WE WE TRIED SHARING EARLIER THAT THE COUNCIL APPROACHED THAT TOPIC AND ELECTED TO STAY AT THEIR REGULAR TIME OF SIX.

BUT IT'S DEFINITELY UP TO THE COMMISSION'S DISCRETION AS TO WHAT YOU'D LIKE TO DO.

WELL, I'D LIKE TO KNOW WHO SAID WHAT AND WHEN REGARDING OUR MEETING TIMES.

AND SECONDLY, I'LL MAKE A MOTION RIGHT NOW AND PRESUMABLY THERE'LL BE A SECOND FOR US TO PUT THIS ON THE AGENDA.

MR. KEMP? ANY COMMENT? NO, I WAS JUST GOING TO SAY MR. KAMENJARIN WAS SOUNDING MUCH LIKE A LAWYER IN A DEPOSITION.

I'D LIKE TO KNOW WHO AND WHEN AND WHAT WAS SAID.

I RESIDE OUT AND I DIDN'T SEE ANYTHING.

WELL, AS CITY PLANNER NEU SAID IT IS WITHIN THE PURVIEW OF THE PLANNING COMMISSION.

I DON'T THINK WE GOT ANY DIRECTION FROM COUNCIL, AT LEAST NOT THAT I SAW.

I CAN'T SAY I WATCH EVERY MINUTE OF THAT MEETING BECAUSE I WAS WORKING WHILE IT WAS ON, BUT I DID NOT HEAR THEM DISCUSS ANYTHING OTHER THAN THE CITY COUNCIL MEETING TIME.

SO THEY HAD NO COMMENTS IN REGARD TO COMMISSIONS? WELL, THEY DID NOT DISCUSS IT THAT I HEARD.

OK.

THE REASON THAT THIS IS TIMELY AGAIN, AND DON AND I DISCUSSED THIS YESTERDAY WAS THAT APPARENTLY PARKS AND RECS TOOK IT UPON THEMSELVES TO POTENTIALLY CHANGE THEIR MEETING TIME.

SO IT'S NOT LIKE WE'RE IMMUNE FROM SELF-DETERMINATION, COMMISSIONER SABELLICO? I WAS A LITTLE BIT AGO THAT I WATCHED THE MEETINGS, SO IT'S MY MEMORY MIGHT BE A LITTLE BIT FUZZY ON THIS, BUT I BELIEVE IT WAS MENTIONED BY STAFF IN PRESENTING THE ITEM.

THAT OUR MEETING TIME WAS THE SAME AS CITY COUNCIL'S.

[02:45:03]

AND I DON'T BELIEVE ANY CITY COUNCIL MEMBER SAID THE WORDS PLANNING COMMISSION OR COMMISSION AT ALL.

BUT I BELIEVE I THINK THAT THE UNDERSTANDING WAS THAT THEY WERE SETTING THE TIME FOR THE COUNCIL AND THEN ALL OF THE COMMISSIONS THAT WOULD BE AT THE SAME TIME AS COUNCIL.

MR. NEU? TO FOLLOW UP ON THAT, I WOULD SAY DON'T BE SURPRISED IF YOU SET A DIFFERENT TIME THAN THE COUNCIL, THAT WE THEN GET THEIR ATTENTION AROUND AND TELL YOU, YOU KNOW, WE WE WOULD LIKE YOU TO MEET AT 6.

RIGHT.

AND I THINK THAT'S THE COMMENT I WAS GOING TO MAKE OR ASK OF MR. NEU.

IS IF FROM A TRADITIONAL STANDPOINT OF CITY HOW THE CITY AND THE COUNCIL AND COMMISSIONS OPERATE HISTORICALLY? WHAT HAVE YOU SEEN? WHEN THE COUNCIL TAKES ACTION REGARDING WHAT THEY'RE GOING TO BE DOING, DOES NOT THE COMMISSIONS FOLLOW IN PLACE IN REGARD TO THAT? AND IS IT NOT ASSUMED BY COUNCIL? [INAUDIBLE] BE TALKING ABOUT THIS NOW? YEAH, I AGREE WITH THAT.

YEAH, WE TALK ABOUT THIS ONCE BEFORE, MORPHING INTO ANOTHER CONVERSATION, BUT.

WELL, WE'RE ONLY TALKING ABOUT WHETHER WE WANT TO AGENDIZE THIS.

OK, WELL, I MADE A MOTION, WE HAD A SECOND..

ALL RIGHT, SO THE COMMISSION WANTS TO VOTE ON THAT, AND WE HAVE A MOTION BY COMMISSIONER KAMENJARIN AND SECONDED BY COMMISSIONER LUNA.

DO WE WANT TO VOTE? COMMISSIONER LAFFERTY? YES.

COMMISSIONER LUNA? NO.

COMMISSIONER KAMENJARIN? YES.

COMMISSIONER MEENES? NO.

COMMISSIONERS MERZ? .

NO.

NO? NO, I'M A NO.

COMMISSIONER STINE? YES.

OK, FOUR TO THREE.

PASSES.

[INAUDIBLE].

YES, MR. CHAIR, SO FOR OUR NEXT MEETING, WHENEVER THAT DOES OCCUR, WE WILL AGENDIZE THE ITEMS THAT WE'LL TRY TO SET IT UP SO THAT IF YOU MAKE A DECISION ON A DIFFERENT START TIME THAT WE CAN DO THAT THEN.

SO I PROBABLY WOULD LOOK LIKE SOMETHING TO INCLUDE MODIFYING THE PLANNING COMMISSION RESOLUTION THAT DEALS WITH SOME PROCEDURAL ITEMS. OK, I APPRECIATE THAT.

THANK YOU SO MUCH.

ALREADY WITH THAT MR. KEMP? ANY ANYTHING TO REPORT? NOT AT THIS TIME, NO.

MS. FLORES, DID YOU HAVE A COMMENT? BACK TO MY HEAD.

ALL RIGHT.

NOTHING ELSE.

ANYTHING ELSE FROM THE COMMISSION? WE STAND ADJOURNED.

I WANT YOU ALL TO HAVE A GREAT SUMMER UNTIL WE MEET AGAIN.

ALL RIGHT.

WE MEET IN PERSON.

IN PERSON.

AND SOME OF OUR COMMISSIONERS WHO HAVE NOT BEEN ON THE DAIS WILL ENJOY COMMISSIONER KAMENJARIN AND SABELLICO.

IT JUST BETTER BE BY VACCINATED PEOPLE.

THAT'S ALL I'M SAYING.

WE CAN SHOW OUR CARDS AT THE DOOR.

I'M AT THAT AGE AND I DON'T WANT ANY PERSON NOT VACCINATED NEXT TO ME.

THERE YOU GO.

ALL RIGHT.

WE STAND ADJOURNED.

OK.

* This transcript was compiled from uncorrected Closed Captioning.