Torrey Hills Decision and Double Tracking

by Councilman Scott Peters
July 2003

I thought that it would be important for me to comment this month on two important, but not related, issues in the Torrey Hills and Torrey Pines Communities. The first deals with the recent decision by the court on the Torrey Hills Community Coalition lawsuit and the other is the double tracking proposal near Torrey Pines.

A year and a half ago, members of the Torrey Hills community asked me to work with them to get a public hearing on the development that was the subject of their litigation. I supported the community’s efforts and sought a public hearing process in which the community would be able to have input. In particular, I disagreed with the transfer of density under a ministerial, “substantial conformance review” (SCR) process. I wrote a memo in December of 2001 to the City Attorney and City Manager asking that the SCR not be approved and that the community be allowed a hearing. The City Attorney’s office insisted that under the permits approved by a previous Council in 1997 a public hearing was not possible, and that our Council predecessors had exercised all the discretion we were entitled to exercise in 1997. I worked nevertheless to get some improvement from Development Services and we had Stephen Haase come out to the community and we did get some changes. I pushed as hard as I could without violating our City Charter provisions prohibiting councilmember interference with administrative services, but nobody was really happy with the result. I was tremendously frustrated because I had done everything I was allowed to do under the City Attorney’s position, which the City Manager followed in his approval of the SCR.

So the community itself had to take a hand in court and they proved that the City’s position was wrong. I think we should welcome the decision, we should not appeal it, and we should look for an opportunity for a public process that will result in appropriate development consistent with the community plan.

On a separate issue, I wanted to address some concerns from the Torrey Pines community about the double tracking proposal by the California Rail Authority. The proposal calls for double tracking of the rail lines between Los Angeles and San Diego. Members of the Torrey Pines Community have raised important concerns about impacts to the Los Penasquitos Lagoon and the San Dieguito Lagoon from this proposal. I too am concerned that any double tracking through either of these lagoons could harm the sensitive natural habitat that I and many other have worked so hard to protect. This is why I have made it clear to the Torrey Pines Planning Board that I would oppose any double tracking plans through the Los Penasquitos Lagoon. As a member of the San Dieguito River Park Joint Powers Authority, I am also concerned about the proposal for double tracking through the San Dieguito Lagoon; that plan could be greatly improved to avoid lagoon impacts. I believe that there are other more viable options that should be studied to preserve the health and integrity of the lagoons.