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HomeMy WebLinkAbout1996-01-09; City Council; 13464 Exhibit 10; Carlsbad Ranch Specific PlanMinutes of: PLANNING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: December 6,1995 Place of Meeting: SAFETY CENTER CALL TO ORDER: Chairperson Welshons called the Regular Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Chairperson Welshons. ROLL CALL: Present: Chairperson Welshons, Commissioners Compaq Erwin, Monroy, Nielsen, Noble, and Savary Staff Present: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Adrienne Landers, Senior Planner Don Neu, Senior Planner Elaine Blackburn, Associate Planner Bobbie Hoder, Senior Management Analyst Rich Rudolf, Assistant City Attorney Lloyd Hubbs, City Engineer David Hauser, Assistant City Engineer Bob Wojcik, Principal Civil Engineer Robert Johnson, Traffic Engineer Martin Orenyak, Community Development Director Jim Elliott, Financial Management Director Raymond Patchett, City Manager Lori Lieberman, Assistant to the City Manager John Cahill, Municipal Projects Manager COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: Dolores Welty, 2076 Sheridan Road, Leucadia, addressed the Commission and stated that it has come to her attention that the Ranch0 Verde Housing project was permitted without a public hearing. She read a letter dated September 29, 1995 from the Department of Fish & Game (Patricia Wolf, Acting Regional Manager, Region 5, Chief, Environmental Services Division) which stated that the Ranch0 Verde project impacts 88 acres of coastal sage scrub and other habitat. Ms. Welty asked the Planning Commission to investigate and correct this situation. The letter was given to the Minutes Clerk. APPROVAL OF MINUTES: ACTION: Motion by Commissioner Savary, and duly seconded, to approve the Minutes of the Regular Meeting of November 15, 1995, as submitted. VOTE: 6-O-l AYES: Compaq Erwin, Monroy, Noble, Savary, Welshons NOES: None ABSTAIN: Nielsen MINUTES 3b0 PLANNING COMMISSION December 6,1995 PAGE 2 PUBLIC HEARING: 1. EIR 94-Ol/GPA 94-03/LCPA 90-08(B)/ZC 94-02/SP 207(A)/SP 144(G)/LFMP 87-13(B)/ CT 94-09/PUD 94-07/HDP 94-07/DA 94-01 - CARLSBAD RANCH/LEGOLAND SPECIFIC PLAN AMENDMENT - Request for the certification of a Program Environmental Impact Report, and approval of Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, General Plan Amendment, Local Coastal Program Amendment, Zone Change, Specific Plan Amendments, Local Facilities Management Plan Amendment, Tentative Tract Map, Nonresidential Planned Unit Development, Hillside Development Permit, and Development Agreement. Proposed land uses include LEGOLAND, destination resort, hotel/timeshare, golf course, commercial, office, research and development, related light manufacturing, a vocational school campus, and agriculture on a total of 471.6 acres. The project site is generally located north of Palomar Airport Road, south of the future Cannon Road extension (except for an area of approximately 24.2 acres located on the north side of Cannon Road), east of Paseo Del Norte, and west of the boundary of Local Facilities Management Zones 5 and 8. Chairperson Welshons announced to the audience that if the Planning Commission approves this project, some items will automatically be forwarded to the City Council. Others will be final, subject to appeal. All appeals must be filed within ten calendar days. Michael Holzmiller, Planning Director, introduced the project and gave a brief overview of background information. He named the consultants who worked on the project and stated that they were in attendance and available to answer questions. He then reviewed the noticing for this project, which included: * Public notices by the City. * Notices regarding the tentative schedule included in all water bills sent out to over 20,000 homes. * Status briefings at all City Council quadrant meetings in the past two years. * Four public scoping meetings. . Four legal notices in local newspapers announcing: (1) preparation of the EIR, (2) Time and place of the scoping meetings, (3) completion of the EIR, and (4) time and place of the Planning Commission public hearing. In addition, a mailing list was created during the planning period. It contained the over 1,800 names and addresses of persons who returned a request to be on the project mailing list. A notice was sent out to the mailing list each time a public meeting was scheduled. Mr. Holzmiller turned the time over to Don Neu for an overview of the project. Don Neu, Senior Planner, stated that the applicant is proposing an amendment to the Carlsbad Ranch Specific Plan to significantly reduce the office/research component of the plan and add recreational, retail, and visitor serving land uses. Development is proposed in areas currently restricted to agricultural uses. Proposed land uses reflect a mix of compatible and complementary non-residential uses, including office, research and development, related light manufacturing, commercial, hotel/timeshare, destination resort, golf course, agriculture, a vocational school campus, and LEGOLAND. The amendment proposes increasing the land area of the original specific plan from 423.51 acres to 447.40 acres, an increase of 23.89 acres. Related discretionary approvals to implement the specific plan amendment are also proposed. The proposed project is in compliance with all applicable plans, ordinances, standards, and policies. Mr. Neu discussed in detail certification of the Environmental Impact Report, the General Plan Amendment, Local Coastal Program Amendment, proposed Zone Changes, Carlsbad Ranch Specific Plan Amendment, SDG&E Specific Plan Amendment, Local Facilities Management Plan Amendments for Zones 5 and 13, Master Tentative Tract Map, Non-Residential Planned Unit Development Permit, and Hillside Development Permit. He provided an overview of the cancellation of the Land Conservation MINUTES f’(’ PLANNING COMMISSION December 6,1995 PAGE 3 Contract (Williamson Act) and the costs to cancel that contract. The contract cancellation request is for City Council consideration only. He discussed prior actions which had occurred on the site and compared the development potential between the approved plan and the proposed amendment. He also discussed land uses for adjacent properties. Mr. Neu stated that the EIR concludes that the project will result in significant cumulative impacts to air quality, agriculture, and traffic which cannot be fully mitigated. These cumulative impacts are regional in nature and occur in areas outside the jurisdiction of the City. Cumulative unavoidable traffic impacts occur on certain segments of SR-78 and l-5. As a result of the impacts, and in order to approve the project, he stated that a Statement of Overriding Considerations must be adopted in accordance with CEQA guidelines. A Statement of Cveriding Considerations was prepared and is attached to the Planning Commission Resolution for the EIR. Mr. Neu reviewed the details of each planning area (1 through 9) being proposed, the acreage, and what each would contain. Michael Holzmiller, Planning Director, discussed the details of the Development Agreement which has been negotiated between the City and LEGO. The Development Agreement states that LEGOLAND must be opened within five years of approval and that if the project is scrapped, LEG0 Park Planning, Inc. (LPPI) must pay $500,000 to the City. If the project is not completed, LEG0 must clear the ground of all improvements. Mr. Neu concluded the presentation by stating that the proposed project complies with all requirements and staff recommends approval. He noted that an errata sheet dated December 6, 1995 had been passed out to each Commissioner prior to the meeting. The errata sheet contains nine minor correction items. For the record, Chairperson Welshons noted that the following two letters had been received: (1) A letter dated November 19, 1995 from Dr. Nora LaCorte stating concerns with the project regarding traffii, blocking views of the flower fields, and tax breaks for the Flower Fields. (2) A letter dated December 4, 1995 from Joseph Stenger stating that there are significant water quality impacts and that the Final EIR does not comply with CEQA. Commissioner Compas requested that Jim Elliott, Financial Management Director, summarize the fiscal impacts to the City. Mr. Elliott presented an overhead of his financial projections and stated that he estimates revenues of $5‘409,500 and costs of $2,282,138, for a net revenue of $3,127,362. The projected revenues are generated primarily by Transient Occupancy Tax (TOT). His projections did not include sales tax revenues from outside the project. He noted that at buildout this project will be the single largest payer of property taxes in the City of Carlsbad. Commissioner Erwin is concerned that there is nothing which guarantees that the flower fields will remain in operation. Further, he would like the see the following conditions added to the project: (1) That the parent company of LEG0 be held responsible for the activities of LPPI. This should be included in the Development Agreement; (2) That the release of the Williamson Act occur at the inception of grading; and (3) That a host fee of 5-l 0% of ticket sales be paid to the City. Commissioner Monroy inquired what happens to the parcel of land where the flowers are grown when the Williamson Act expires. Mr. Neu replied that if the property is no longer subject to the Williamson Act, it would be restricted to uses specified for that area, i.e. agricultural. MINUTES 3’ CORRECTED PLANNING COMMISSION December 6,1995 Commissioner Noble inquired if Cannon Road will be built through before LEG0 opens. He is concerned that there is only one entrance and one exit. Bob Wojcik, Principal Civil Engineer, replied that Mr. Pat Gibson was the traffic engineer and he will respond to that question. Pat Gibson, Kaku & Associates, addressed the Commission and gave a brief summary of the traffic study. The conclusions reached were that in the year 2000, all intersections will perform at level of service D or better (weekdays and weekends). There will be only one entrance to LEG0 from Cannon Road. Commissioner Compas inquired if there might be a need to take traffic demand management measures. Mr. Gibson replied that it may be important on the employment side but he didn’t feel it would be necessary for LEGO. Don Neu, Senior Planner, added that the EIR does include mitigation measures with regard to employment trip generation. Commissioner Noble stated that there are 251 transportation management coordinators along the l&5 Highway 78 corridor. He inquired if there are plans to seek funding to coordinate transportation management. Mr. Neu replied that the City Manager’s office already has someone involved in transportation management. Commissioner Erwin is not sure he likes the round about traffic circle which has been proposed. Mr. Gibson replied that they tested 5-6 configurations. Using a round about would allow the traffic to operate at Level A. If it fails, the growth management performance standard would require that improvements be made by the applicant. Commissioner Nielsen inquired if there is any guarantee for continuing the flower fields. Mr. Neu replied that the plan limits use of that parcel to agriculture. Chairperson Welshons expressed concern about increasing the height limit beyond 45 ft. Mr. Neu replied that the height of the structures is capped at 45 ft. but architectural features are allowed to go above that by an additional 10 ft. Commissioner Nielsen inquired if the hotel could be turned into a time share. Mr. Neu replied that there are no restrictions on whether it will be a time share or a hotel. Chairperson Welshons asked if the annual attendance figures of 2.2 million include complimentary tickets. Mr. Holzmiller replied that the applicant would have to respond to that question. Commissioner Compas inquired how the Carl&ad Ranch golf course and the City’s golf course would be synergized. Mr. Neu replied that the specific plan links the two courses by golf cart, bicycle, and pedestrian paths. Commissioner Monroy inquired if Carlsbad’s charter will allow us to charge a fee per each ticket sold. Jim Elliott, Financial Management Director, replied that the issue of tax has changed in the last few months. The capability to assess taxes has been in the hands of citizens. However, the issue of a fee is different. It would require a contract and the Development Agreement is contractual. Commissioner Monroy inquired if we have the ability to charge taxes on admissions to benefit the general fund. Rich Rudolf, Assistant City Attorney, replied yes but it would be subject to a vote of the people. Commissioner Nielsen inquired if the proposed fee at 2.2 million is based on attendance or tickets sold. Mr. Elliott replied that it is based on attendance. A turnstyle counts the attendance. Chairperson Welshons noted that in one place the agreement discusses attendance and in another place it discusses the sale of tickets. She thinks this needs to be clarified before the agreement is signed. Mr. Elliott replied that this should be answered by the applicant. He knows that LEG0 wants to bring in school children but he doesn’t know about how many complimentary tickets will be issued, 3b 3 MINUTES CORRECTED PLANNING COMMISSION December 6, 1995 PAGE 5 Chairperson Welshons invited the applicant to speak. Chris Calkins, Carlsbad Ranch, addressed the Commission and stated that LEGOLAND will be the first investment by LEG0 in the United States. Many locations were looked at before they decided to come to Carlsbad. He reviewed in detail the proposed plans for Carlsbad Ranch and stated that the new project incorporates a mix of balanced uses. He is happy to report that peak hour traffic will not be affected by the proposed uses. John Jakobsen, LEG0 Park Planning, Inc. (LPPI), Carlsbad, addressed the Commission and stated that he is the Project Manager for LEGOLAND. He gave some background on the LEG0 Corporation, which was founded in 1932 in Denmark, and stated that the original LEG0 park in Denmark was opened in 1968. A new park will open in London, England in 1996. Carlsbad’s park is scheduled to open in 1999. Mr. Jakobsen reviewed the LEG0 vision and showed slides of the park in Denmark. He stated that the park is designed for wholesome family entertainment, particularly children between the ages of 2 and 13. He reviewed the design guidelines and project schedule for the park. In answer to previous questions by Commissioners, he stated that: , Only those persons paying for tickets to the park would be counted as paid admissions. LEGOLAND plans to offer a seasonal pass for the off-peak season to encourage local residents and their children to visit the park. He expects that season ticket holders would comprise less than 5% of total attendance. The LEG0 Group has never tried to renege on any promises and they have no intention of doing that in Carlsbad. If the Commission is unhappy with the legal terminology of the Development Agreement, more work should be done on it to make sure everyone is satisfied. One incentive for locating in Carlsbad is that LEGOLAND would not be subject to an entertainment tax. LEG0 does not expect to be subject to an entertainment tax now or in the future. Commissioner Erwin inquired if Mr. Jakobsen could speak officially and legally for LEG0 A/S. Mr. Jakobsen replied that he can only speak legally for LEG0 Park Planning, Inc. (LPPI). Commissioner Erwin inquired if he could speak on behalf of the parent corporation. Mr. Jakobsen replied that it depends on the question. Commissioner Erwin inquired if the parent company is willing to guarantee the performance and payment of all of LPPl’s obligations contained in the Development Agreement between the City of Carlsbad and LPPI. Specifically, in numerous places in the Development Agreement it states that LPPI shall defend, indemnify, and hold harmless the City, its officers, etc. LPPI is offering financial protection to the City. Commissioner Erwin would like that guarantee to come from the parent company. He would like to see the parent company’s guarantee included in the legal document so that it could be enforced, if necessary. Mr. Jakobsen replied that he would have to rely on the advice of counsel. However, he assured the Commission that the LEG0 Corporation is fully behind this project and would be happy to submit any guarantee necessary. If the Development Agreement is unsatisfactory, it needs to be changed. Commissioner Erwin stated that he understands LEG0 is opposed to negotiating a host fee which LEG0 calls an entertainment tax(/iYef/aI&&t/fee. He inquired if the parent company of LEG0 is also opposed to negotiating a host fee. Mr. Jakobsen replied that there has never been a suggestion that LEG0 would be subject to an entertainment tax in Carlsbad. He feels it would be an unfair requirement since no other amusement parks in this area are subject to such a tax. Commissioner Compas inquired if the park is built on schedule and everyone loves the park when it opens, what maximum attendance might be expected in one year. Mr. Jakobsen replied that their projections are approximately 2 million guests per year. MINUTES PLANNING COMMISSION December 6,1995 PAGE 6 Commissioner Compas inquired about the long range expectations. Mr. Jakobsen replied that 2.2 million guests is about as high as it will get. Chris Calkins, Carltas Development, returned to the podium and stated that they did not encourage all of the LEG0 supporters to attend this meeting because the difficult planning issues have been sorted out. However, they did send out a newsletter to the citizens of Carlsbad. Over 500 persons took the time to send back a response stating that they support the project, do not support the project, or that they want more information. All comments were transcribed into a single document which is available to anyone who desires to read it. Over 72% of the respondents stated that they support the project. Approximately 22% did not express an opinion, but requested additional information. There was a 6% negative response. This feedback has become a very useful tool in the planning process. Regarding the flower fields, Mr. Calkins stated that the Ecke family, who has owned this property for 50 years, has been in the process of maintaining a business, a lifestyle, and a community in which they want to live. Those reasons are what has kept this business alive. It does not happen by ordering someone to grow flowers. The City has to create the environment for that to happen. The economic investment and the emotional passion must be balanced. Mr. Calkins hopes the Commission will keep that in perspective. He has consistently said that quality and commitment cannot be reached by ordering someone to grow flowers. If the City wants to assure the grower of a market, of water, of pesticide availability, of international competition, of when the sun will be out, of when the rains will fall...then the grower will guarantee flowers. If the City does not want to do that, then they must trust that the grower has gone to great lengths to preserve this most valuable piece of property for flowers. They have every intention of continuing to make the flower fields survive but this is no guarantee that flowers will be there forever. Mr. Calkins passed out a copy of the citizen response document to each Commissioner. A copy will also be on file in the Planning Department. RECESS The Planning Commission recessed at 8:40 p.m. and reconvened at 8:54 p.m. Chairperson Welshons opened the public testimony and issued the invitation to speak. Chairperson Welshons stated that she had received a letter dated December 6, 1995 from Sharon R. South of the Encinitas Union School District. Gary Wayne, Assistant Planning Director, read the letter for the record. The Encinitas Union School District contends that mitigation in the EIR is inadequate because impacts reach beyond the boundaries of Carlsbad. They requested that the public hearing be continued until the EIR has been revised and a mitigation impact agreement has been reached between the developers and the District. Ms. South’s letter will be on file in the Planning Department. Jim Young, 3951 Park Drive, Carlsbad, addressed the Commission and stated that he represents NICF (Neighborhoods Involved in Carlsbad’s Future). Mr. Young stated that NICF has some legitimate concerns about LEGO. He reviewed the LEG0 ballot initiative and stated that 20,000 persons voted. Of that amount, 43% were opposed to LEG0 and 57% were in favor of the project. If only 2,800 more residents had voted against LEGO, we would not be here today. NICF has presented a document to the City entitled “The Carlsbad Ranch Environmental Impact Report Analysis and Response” dated October 13, 1995. Their mission is to make sure that the 43% are represented. The two issues of greatest concern are: (1) The mixed use concept and the lack of a single theme. He noted that there are seven different uses and no transition from one use to another. (2) There are significant impacts with no potential mitigation. NICF wants to make sure that the citizens of Carlsbad are fully aware of the impacts. The NICF requests are as follows: 3b 5 MINUTES PLANNING COMMISSION December 6,1995 PAGE 7 * That a sum of money be allocated by the City to render a second opinion on the mixed use aspect of the project. * That the City continue communications with LEGO. * That Kaku & Associates provide NICF with the names of their last five traffic study clients in California so they can examine the projections and results of the traffic studies. * That Staff respond to each of the concerns cited in their (NICF) EIR analysis. . That the impacts be published in English. * That the City contemplate creating a regional planning group incorporating Encinitas, Carl&ad, Vista, and Oceanside. Peder Norby, 2630 Valewood Avenue, Carlsbad, addressed the Commission and stated that he continues to support LEGOLAND and the Carlsbad Ranch project. He feels it provides a common thread to continue the quality of life we currently have in Carlsbad. He has visited the LEGOLAND in Denmark and can personally attest to its excellence. He believes that LEG0 chose to locate in Carlsbad because our citizens care so much about our city. We seem to have the ability to debate, disagree, fight for our positions, and when all is said and done, have the ability to work together for what is best for Carlsbad. He praised LEG0 for maintaining a constructive dialog which will make it a better neighbor to the citizens of Carlsbad. He is happy to see a project of this stature locate in Carlsbad and thinks that other cities would do almost anything to have LEGOLAND located in their community. He feels the proposed project is world class in every way and urges the Commission to support it. Commissioner Erwin inquired if Mr. Norby plans to put a bakery in the Carlsbad Ranch project. Mr. Norby replied no. J. Russell Lemon, 2031 Ladera Court, Carlsbad, addressed the Commission and stated that he has read about LEG0 in the Blade-Tribune. He is concerned that the resort is west of the Palomar Airport and that it may be dangerous for airplanes. He inquired what provisions are being considered if there is a problem with an aircraft. He is also concerned about aircraft noise since he is certain that the airport will expand in years to come. He has a friend who lived in the vicinity of the Los Angeles airport before it was built. After the airport was built, his friend lost his home because of the danger from aircraft. Darrell Pines, 2011 Lee Court, Carlsbad, addressed the Commission and stated that this decision tonight will be shaping the future of Carlsbad. As a result, the Commission has an obligation to protect the citizens and not the developers of this project. The growth management plan was supposed to protect the citizens but now zoning is being put in place to replace community commercial with regional commercial. Mr. Pines believes that community commercial zoning was intended to protect the citizens of Carl&ad. He is concerned that a retail outlet center will have a dramatic impact on traffic and will cannibalize other retailers in the City. Rather than increasing sales tax revenue, he feels we will only be spreading the dollars around. Mr. Pines proposes that the Development Agreement add language which states that the flower field acreage remain in agriculture or open space in perpetuity. He doesn’t want to see the specialty retail expand into the flower field area. As regards LEGOLAND, he feels that the failure fee of $500,000 is excessively low because we are dealing with a $100 million project and a $1-2 billion company. He thinks the failure fee should be increased significantly. As far as attendance goes, all estimates until now have projected the attendance to be 1.8 million. He would like to see the per capita fee kick in at 1.8 million rather than 2.2 million. The biggest impacts will be felt by the residential neighborhoods to the west of the project. He hopes that constraints will be placed on LEG0 so that they cannot expand beyond their original acreage. Hope Wrisley, 2080 Basswood, Carlsbad, addressed the Commission and stated that she represents the Carlsbad Chamber of Commerce. Ms. Wrisley believes the mixed uses of the project are good. She does not believe that the high end speciality retail at Carlsbad Ranch will fight with other retail in the City. She urges approval of the project as proposed. MINUTES 3”” PLANNING COMMISSION December 6,1995 PAGE 8 Nina Eaton, 5025 Tierra del Oro, Carlsbad, addressed the Commission and stated that she is one of the 43% who opposed LEG0 in the ballot initiative. She was not opposed to LEG0 as a product but was opposed to the location. However, LEGOLAND looks terrific when compared to outlet stores. There have been many changes since the original proposal. In December 1992, the Carlsbad Ranch development was to be comprised of 422 acres; 92.6 acres as developable and 330 acres as agricultural. In December 1993, the zoning amendment stated there would be 88 acres of LCQ land; 47.6 acres would be office and industrial, 40.9 acres would be commercial, and 306 acres remained agricultural. Tonight’s amendment will increase the developed land from 88 acres to 288 acres. The retail is up from 10 acres to 32 acres of outlet stores, She would like to know how these stores will compete with other retail in the area which is not doing very well. In December 1992, the goals and objectives of the Carlsbad Ranch project stressed their intention to preserve open space and encourage pedestrian movement. She does not think that a shopping center encourages pedestrian movement. Barbara Tice-Simons, 7106 Lantana Terrace, Carlsbad, addressed the Commission and stated that wealth is much more than money. It is abundance. Abundance is having more than we need and want. She thinks that people are confused between their wants and needs. She stated that we have a God-given stewardship over this land. If we don’t nurture the agriculture and farm land, we will not prosper. There is a huge discrepancy between the original vision of LEG0 and the current proposal. She believes we need to look at the proposal for the Carlsbad Ranch and choose well. Jane Beaver, 6677-A Paseo Del None, Carlsbad, addressed the Commission and stated that she lives across the street from a beautiful new park. Down the street is a new U-Haul storage facility which is the ugliest structure she has ever seen. And now there is LEGO. She is very concerned about the expansion of retail in front of the flower fields. She is also concerned about the traffic on Paseo Del Norte. It is terrible now and it can only get worse with outlets located there. Gary Hill, 3289 Donna Drive, Carlsbad, addressed the Commission and stated that he is the Director of Facilities for the Gemological Institute of America (GIA). Some of the expansion of Williamson Act land will be used for the GIA facility. It will not all be used for LEGO. GIA currently has a transportation management plan in Santa Monica. They will be bringing many elements of that plan to Carlsbad. GIA will be the first structure to be completed on the Carlsbad Ranch property and they will have a transportation management plan in place when they move in. His biggest concern is building height. GIA is currently allowed a height of 45 ft. As he tries to design a building in excess of 500,000 s.f., it is difficult to show people where the front door is. It needs something higher than 45 ft. to indicate the entrance. GIA has no problems with the proposed uses on the land. Mr. Hill stated that a lot of work has gone into this project and he is impressed with the Planning staff. He urges the Commission to approve the project which has been presented. Commissioner Erwin stated that he doesn’t remember anything about GIA needing additional land from the Williamson Act when it was first approved. This is something new. Mr. Hill replied that it was not part of the approval of the Specific Plan. However, it was part of the agreement which GIA had with Carltas. GIA is looking at a 50 year plan. That has always been GIA’s intent. Chairperson Welshons inquired if the plan to increase the height to 55 ft. is approved tonight, does GIA plan to resubmit a design which adds towers to use that additional height. Mr. Hill replied yes. When the GIA project was originally submitted, there was a tower as part of their project but it was removed at the request of the Planning Commission. A letter dated December 13,1995, from Robert Payne, P. 0. Box 3073, Carlsbad, was read into record by Assistant City Attorney Rudolf. Mr. Payne stated that in the mailings by the developer and the presentations tonight, there have been many references to the approval by the citizens of Carlsbad. However, details on Areas 2A and 2B emerged after that vote. It is incorrect to characterize a vote based on incomplete and false information. In May 1995, a newspaper reporter broke a story that a developer who owns and operates 15 factory outlet retail malls intended to site a 300,000 s-f. complex in the Carl&ad MINUTES 3bq PLANNING COMMISSION December 6,1995 PAGE 9 Ranch project. It was the outlet operator’s intention to make the announcement after the EIR scoping meetings were concluded. The voter book for the June 1994 ballot initiative never mentioned a specialty retail center. This is a totally new concept which has been added since the vote. The citizens of Carlsbad debated the effects of the Carlsbad Ranch project based on projections of 8,000 ADT per day for the LEG0 amusement park and a few thousand more for GIA. However, now the single greatest traffic generator in the project, a regional retail center, never received public debate. He is concerned that the voters of Carlsbad were asked to render a vote without complete information. A retail center of this magnitude is not just haphazardly added at the last minute. It takes considerable planning. Mr. Payne is concerned that local leaders may have intentionally been silent on the retail center in order to get LEG0 approved by the voters. Mr. Payne’s letter is on file in the Planning Department. Renata Mulry, P. 0. Box 1865, Carlsbad, addressed the Commission and stated that she represents the Bexen Press. She feels the EIR is faulty and attempts to fragmentize the project. LEGOLAND, GIA, and the retail center are all one entity. By fragmentizing the project, it confuses the issue. Outlet malls don’t belong next to LEGO. She is also skeptical of Mr. Elliott’s projections of $3 million in TOT revenues. Please remember that these are only projections. The same goes for sales tax. She has doubts that cities will receive the same allocation of sales tax ten years from now. She thinks there will be many changes in the way taxes are allocated then. It is even possible that Carlsbad will not receive the full TOT revenues which staff has projected. Her biggest concern, however, is the outlet mall. An outlet mall is an outlet mall is an outlet mall. They are huge and do not belong next to LEGO. Ms. Mulry recommends that the current Development Agreement be thrown out. Dolores Welty, 2076 Sheridan Road, Encinitas, addressed the Commission and stated that everything which happens in Carlsbad affects her. There is nothing in this project which requires cancellation of the Williamson Act. This land can wait for the expiration date. A change of this magnitude puts the General Plan in jeopardy. The citizens of Carlsbad asked for agriculture. Ms. Welty is also concerned about the 24 acres being taken away from SDG&E. That acreage was dedicated to the citizens of Carlsbad. She would like to know what will be given to the children of Carlsbad in return. The Development Agreement only affects LEGOLAND. No one else. The cost for policing alone is at least $1 million. There is no way to pay for the costs of LEGOLAND without hotels and there is no assurance that hotels will be built. Seven out of 16 intersections will fail due to this project. She wants to know who will pay to repair those intersections. Joe Valenti, 3491 Lawrence, Carlsbad, addressed the Commission and stated that he grew up in Orange County. When he grew up and got married, he had to leave because of the changes which had taken place there. It was no longer a good place to live. He moved to Carlsbad. He does not believe that the traffic studies which have been done for this project take everything into consideration. There is no mention made of Carrillo Ranch or traffic patterns to and from San Marcos. If we reverse the Williamson Act, who will answer to our kids and their kids. The only benefit which staff has cited is the generation of income. He urged the Commission to vote no on this project until all significant impacts have been mitigated. William Jubb, 3993 Highland Drive, Carlsbad, addressed the Commission and inquired if LEG0 owns all of the acreage they will be developing. He would like the decision on LEG0 to wait until the park in England opens so we can see what impacts London encounters. He contends that passive parks do not work. Mr. Jubb believes the EIR should be redone to take the retail into consideration. Marcia Stults, 5199 Los Robles Drive, Carlsbad, addressed the Commission and stated that she has lived in Terramar for over 15 years. Although she has had mixed feelings about LEGO, she confessed she is now looking forward to it. However, she is concerned about the zoning changes and giving up the agricultural land which our children will never see. She is also concerned about the curbing of Carlsbad. She would like to see some land left in Carlsbad which is not curbed. Ms. Stults doesn’t like the amount of retail in this project because it will block many views of the flower fields and it will generate significant traffic. She has visited Quakenhopf in Holland and she was very impressed because coffee houses were MINUTES 3IL‘b CORRECTED PLANNING COMMISSION December 6, 1995 PAGE 10 located adjacent to the pond. She would rather see something like that here. She is also open to pedestrian and bicycle paths. Chairperson Welshons called for a staff response. Don Neu, Senior Planner, responded to the public comments and stated: * Encinitas School District’s contention that there was a significant impact from the project which was not adequately mitigated, and that the E/R needed to be redone. The EIR determined that there was no significant impact on school facilities, including the Encinitas School District. Therefore, no mitigation was required. Encinitas has submitted several extensive comment letters on the draft EIR and staff has attempted to respond to those letters. Staff agrees with the EIR findings that there are no impacts to the Encinitas School District. Commissioner Compas inquired if this means that staff does not agree with the Encinitas School Districts comment that the EIR fails to fibi meet the requirements of CEQA. Mr. Neu replied that is correct. . Land Use Concepts. NlCF does not agree with the land use concepts, that there is a lack of transition, and that there are conflicting land uses. Mr. Neu stated that the biggest conflict in land use is when a residential project is located next to non-residential. In this plan, there are no residential land uses. Further, staff has attempted to create buffers with landscaping and roadways. The Specific Plan addresses a theme of architecture and character for the project, and an urban design them for the roadways which tie the project together. * Significant impacts in the E/R with no potential mitigation. Mr. Neu agrees that there are three areas where impacts cannot be mitigated. However, these impacts are cumulative and not caused solely by this project. The decision to be made is whether or not the benefits of this project outweigh the cumulative impacts which cannot be mitigated. * Public notices. Staff feels they have gone the extra mile to notify people about the project. They have an extensive mailing list of at least 1,800 persons. Mailings were sent out about the EIR. Only 14 responses were received. - Need for a regionalplanning group in North County. SANDAG is the regional planning group for North County. * LEGO’s p/an to build a resort. The applicant needs to respond on this issue. - Crash hazards from the airport. The EIR contains a comment letter from the SANDAG staff serving as staff to the Airport Land Use Commission and the Airport Manager that the project is consistent with the airport land use plan. They recommended certain avigation easements and some noise mitigation. Staff has done flight line analysis of how building heights affect aircraft approaching and departing. The airport is approximately two miles away. The crash hazard areas are quite close to the the airport property so staff had no concerns with crash hazards. Commissioner Monroy referred to the economic analysis which was presented regarding a hotel. He inquired what happens if the hotel is not as large as the size on which the analysis was based. Mr. Neu replied that Mr. Elliott could speak to the basis upon which the projections were made. Obviously, traffic generation would be less. On the fiscal side, revenues would also be reduced. Commissioner Compas inquired about the request for the traffic engineer to divulge the results of their last five traffic studies. Mr. Neu replied that this will be discussed at the completion of his comments. 3” G\ MINUTES PLANNING COMMISSION December 6,1995 PAGE 11 * LEG0 resort purchase and their plans to expand it. Mr. Neu replied that any expansion would require another amendment and public hearing, the same as tonight. . Retention of agricultural uses. Mr. Neu replied that the property owner is proposing a change in use. Staff must evaluate that request. The General Plan does discuss preserving the flower field area which this proposal includes. * Increase in retail to 3UO,OOU s.f. and resulting traffic impacts. Mr. Neu replied that the traffic study considered 325,000 s.f. for retail. The conceptual plan prior to the ballot initiative considered 325,000 s.f. of retail. It has not changed since April 1994. Mr. Neu believes that people were so focused on LEG0 that they didn’t look at the rest of the plan. * Retention of flower fields in perpetuity. Mr. Neu stated that the proposed Development Agreement only covers the LEG0 parcel. Unfortunately, unless the scope of that agreement is expanded, it would be impossible to accomplish preservation of the flower fields through the Development Agreement. * Consideration of the project as one entity. Mr. Neu replied that the EIR does consider the project as a single entity. This EIR is intended to cover the project through buildout. The comment letters received are included in the EIR; the responses are also included. * Appropriateness of cancelling the Williamson Act. Mr. Neu replied that the applicant is required to get the cancellation. The project is conditioned on that cancellation. The City Council will need to make a decision regarding the requested contract cancellation. * Appropriateness of the $500,000 cancellation fee, Mr. Neu stated that this is what City staff has negotiated. The Commission can recommend a different amount if they feel it is inappropriate. * Quality of life fee and when it will kick in. For planning purposes, the 2.2 million is the maximum attendance figure for the park. The fee was intended to take care of any impacts which are in excess of what staff has anticipated. All projections were based on the 2.2 million attendance figure. * Circulation impacts to areas west of l-5; possible installation of a barrier on Cannon Road. Mr. Neu replied that staff does not recommend putting this type of barrier on a public street. - SDG&E land. The City has a lease on the Hub Park property north of Cannon. The boundaries for that lease are directly north of the 24 acres so it does not impact the potential of that leased area from being developed into a park. The SDG&E land is zoned public utility. As part of the action tonight, staff is requesting that the 24 acre SDG&E land be rezoned to open space. * fiscal impacts if the hotel is not built. Mr. Neu deferred response to Mr. Elliott. * Intersections expected to fail at buildout. Mr. Neu stated that this information was taken out of context. Those seven intersections would fail without mitigation. Street improvements are required as part of the project and growth management requires that the intersections be brought up to acceptable levels. This would be paid for by a variety of sources. Some by the developer and some by facilities impact fees. Typically, this is paid for by new development. The City does not go out and ask existing residents to pay for something like this. * The EtR not considering other areas such as Carriillo Ranch, etc. Mr. Neu stated that the EIR did in fact look at other projects being planned for the vicinity. The EIR looks at impacts at buildout. * Who gets the cancellation fee for cancellation of the Williamson Act. Mr. Neu stated that this money will go to the State and not the City. It is a significant fee ($1.8 million) and was purposely set high to discourage people from cancelling. MINUTES - PLANNING COMMISSION December 6,1995 PAGE 12 * Request to have the E/R redone due to the addition of the strip mall, Mr. Neu stated that the EIR looked at the entire project and 300,000 s.f. of retail was included. Traffic generation rates were based on 325,000 s.f. of retail. This has been adequately addressed. * View blockage of the flower fields. Mr. Neu stated that the line of sight studies being done indicate that buildings on Paseo Del Norte may block some views of the flower fields. However, the grading does increase the land that can be cultivated along Palomar Airport Road. * Bicycle and pedestrian paths. Mr. Neu stated that off-street bicycle trails will be provided and there will be an extensive system of pedestrian walkways provided on Armada Drive, between the various uses. Staff is attempting to connect those trails to the Citywide trail system. Mr. Neu asked Mr. Gibson to speak to the traffic issues. Pat Gibson, Kaku & Associates, addressed the Commission and stated that his firm does approximately 100 traffic studies per year. His most recent study was for the Los Angeles Expedition Park, the Los Angeles Coliseum, and the museums. He is working now on the study for Cal State University, Northridge, after the earthquake. He has done traffic studies for Anaheim Stadium and the Anaheim Arena. He completed a traffic study for the expansion of the Tustin Marketplace and Newport Fashion Center. He completed a study on the Old Lawry’s California Center which is proposing a change to a mixed use center. He has been the traffic engineer for Disneyland for the last 12 years. He just completed a traffic analysis study for Steven Spielberg’s Dream World which should be approved on Friday. He is currently working on the new sports arena and football stadium for Los Angeles County. He is also working on two major museums. He would be happy to send Mr. Young a list of references which he can call to inquire about his work. Commissioner Compas stated that he thinks Mr. Young wanted to know how the traffic studies compared to the actual results obtained. Mr. Gibson replied that about half of his work is for the private sector and the other half is for the public sector. He does more retail shopping center studies than almost any other firm, and he has been doing it for 25 years. If he did it wrong, he wouldn’t still be in business doing it. The International Council of Shopping Centers and the Urban Land Institute hired him, on a national basis, to look at parking ratios. This meant that he had to check his numbers every Christmas peak and every Thanksgiving peak for years to make sure that the numbers made sense. His findings are included in the transportation engineers trip generation manual. It is difficult to take a recent project and see the results today because most of the projects he has studied this year won’t be open until 1997. He thinks the best way to check the validity of his work is to talk to the people he has worked for over a long period of time. He would be happy to send Mr. Young a list of references which he can call to ask about his work. Commissioner Erwin stated that Mr. Valenti claims that several areas were not included in the traffic study, i.e. the Vista Business Park, Airport Business Park, Carrillo Ranch, Green Valley, etc. Mr. Gibson replied that the SANDAG model was used as the basis for his projections. The SANDAG model began with full buildout of those parcels and land uses. Whatever trips and traffic they generated started as the base of his study and he built on that. All of those cumulative impacts are included in his report. The EIR assumed 325,000 s.f. of specialty retail. His study did trip generations and assignments for that amount of retail, and all retail had entrances on Paseo Del Norte. The trip generation rates that he used in this report are twice as high as what an outlet center would generate. From his perspective, he would be delighted to see an outlet center on the site because it only generates half of what was projected. The impacts have been mitigated with that higher traffic ratio. Chairperson Welshons requested Commissioners to disclose their ex parte contacts. All Commissioners disclosed that they had each had conversations with Nick Banche, attorney for LEGO. Commissioner Monroy stated that he had talked to Bill Hofman of Hofman Planning Associates. Commissioner Compas and Chairperson Welshons disclosed that they had each made a site visit. MINUTES