Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[CALL TO ORDER]

[00:00:04]

>> GOOD EVENING AND WELCOME TO THE APRIL 17TH MEETING OF THE CARLSBAD PLANNING COMMISSION.

WOULD THE MINUTE'S CLERK PLEASE TAKE THE ROLL?

>> VICE CHAIR SABELLICO.

>> PRESENT.

>> COMMISSIONER HUBINGER.

>> HERE.

>> COMMISSIONER MERZ?

>> HERE.

>> COMMISSIONER MEENES.

>> PRESENT.

>> COMMISSIONER LAFFERTY?

>> PRESENT.

>> COMMISSIONER STINE.

>> HERE.

>> CHAIR KAMENJARIN.

>> HERE. ALL COMMISSIONERS ARE PRESENT.

PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE LED THIS EVENING BY COMMISSIONER LAFFERTY.

[APPROVAL OF MINUTES]

THE NEXT ITEM FOR APPROVAL IS FOR THE APPROVAL OF THE MINUTES OF THE MARCH 20TH MEETING.

ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 20TH? COMMISSIONER MERZ.

>> OH, YEAH, ON PAGE 2, JUST BE CHAIR KAMENJARIN [INAUDIBLE].

>> YOU'RE LOOKING AT, I SEE THE FIRST BASICALLY FULL PARAGRAPH.

ANYTHING ELSE? COMMISSIONER STINE.

>> JUST A CORRECTION OF A TYPO.

MY NAME IS MISSPELLED ON THE ROLL CALL.

THEN FOR THE PLEDGE OF ALLEGIANCE'S RIGHT.

[LAUGHTER] IF YOU WOULD CHANGE AND SPELL IT STINE I APPRECIATE IT.

>> ANY OTHER ADDITIONS OR CORRECTIONS? GREAT. I'D LIKE TO MAKE A MOTION FOR APPROVAL OF THE MINUTES AS CORRECTED.

>> I MAKE THE MOTION TO APPROVE THE MINUTES.

>> THANK YOU, COMMISSIONER STINE. DO I HAVE A SECOND?

>> YES. SECOND.

>> WE HAVE A MOTION BY COMMISSIONER MEENES AND A SECOND BY COMMISSIONER STINE TO APPROVE THE AMENDED MINUTES OF THE MARCH 20TH MEETING. PLEASE VOTE.

THE MOTION CARRIES BY A VOTE OF 6, 0 WITH COMMISSIONER SABELLICO ABSTAINING DUE TO ABSENCE AT THAT MEETING. THANK YOU.

THE FOLLOWING PLANNING COMMISSION MEETING PROCEDURES ARE IN EFFECT.

WE WILL REQUIRE A REQUEST TO

[PUBLIC COMMENT]

SPEAK FROM ALL ITEMS ON THE AGENDA, INCLUDING PUBLIC HEARINGS.

REQUEST TO SPEAK FORMS MUST BE TURNED IN TO THE MINUTES CLERK PRIOR TO THE ITEM COMMENCING.

THIS WILL ALLOW SPEAKERS' TIME TO BE MANAGED IN A MORE EFFICIENT MANNER.

ALL SPEAKERS WILL BE GIVEN 3 MINUTES UNLESS THAT TIME IS REDUCED BY THE CHAIRPERSON.

SPEAKERS MAY NOT GIVE THEIR TIME TO ANOTHER SPEAKER.

GROUP TIMES WILL BE PERMITTED FOR ITEMS LISTED ON THE AGENDA.

THE REPRESENTATIVE MUST IDENTIFY THE GROUP AND AT LEAST THREE MEMBERS OF THE GROUP MUST BE PRESENT DURING THE MEETING AT WHICH THE PRESENTATION IS BEING MADE.

THOSE SPEAKING ON BEHALF OF A GROUP HAVE 10 MINUTES UNLESS THE TIME IS CHANGED BY THE CHAIRPERSON.

THE MINUTES CLERK WILL CALL THE NAMES OF THOSE WISHING TO SPEAK IN THE ORDER OF REQUESTS TO SPEAK ARE RECEIVED.

THE BROWN ACT ALLOWS ANY MEMBER OF THE PUBLIC TO COMMENT ON ITEMS NOT ON THE AGENDA.

PLEASE TREAT OTHERS WITH COURTESY, CIVILITY, AND RESPECT.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING BY PROVIDING COMMENTS AS PROVIDED ON THE FRONT PAGE OF THIS AGENDA.

THE PLANNING COMMISSION WILL RECEIVE COMMENTS AS REQUESTED UP TO A TOTAL OF 15 MINUTES IN THE BEGINNING OF THE MEETING.

ALL OTHER NON-AGENDA PUBLIC COMMENTS WILL BE HEARD AT THE END OF THE MEETING IN CONFORMANCE WITH THE BROWN ACT, NO ACTION CAN OCCUR ON THESE ITEMS. MINUTES CLERK, DO WE HAVE A SPEAKER SLIP?

>> YES, WE HAVE ONE PUBLIC SPEAKER.

>> COULD YOU PLEASE COME FORWARD?

>> TARA HINOS.

>> PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES.

TO HELP SPEAKERS KEEP WITHIN THE ALLOTTED TIME, OUR MINUTES CLERK WILL START THE TIMER.

THE GREEN LIGHT MEANS SPEAK.

YELLOW MEANS YOU HAVE 1 MINUTE REMAINING AND RED MEANS YOUR TIME HAS EXPIRED.

SINCE ITEMS BROUGHT UP UNDER PUBLIC COMMENT ARE NOT LISTED ON TONIGHT'S AGENDA, THE COMMISSION IS PREVENTED BY LAW FROM DISCUSSING OR TAKING ACTION ON ANY OF THE ITEMS YOU PRESENT.

[00:05:03]

BEFORE YOU BEGIN YOUR COMMENTS, PLEASE SPEAK INTO THE MICROPHONE, CLEARLY STATE YOUR NAME AND ADDRESS.

IF YOU'RE HERE TO SPEAK ON AN ITEM LISTED ON THE AGENDA, YOU NEED TO WAIT FOR THAT ITEM.

I ASSUME YOU'RE HERE FOR ANOTHER ITEM.

>> CORRECT.

>> GREAT. THANK YOU.

>> GOOD EVENING. MY NAME IS TARA HINOS.

I'M SURE YOU'VE SEEN MY NAME IN YOUR EMAIL RECENTLY, QUITE A FEW TIMES.

I'M A LONGTIME RESIDENT OF CARLSBAD AND A PARENT.

I'M HERE TONIGHT ON BEHALF OF HUNDREDS OF CONCERNED PARENTS AND RESIDENTS REGARDS TO THE NEW SONG CELL TOWER.

FIRST OF ALL, I JUST WANTED TO SAY, THANK YOU.

LAST NIGHT WAS AN INCREDIBLE DISPLAY OF CONCERNED CITIZENS BEING HEARD BY THE CITY OF CARLSBAD. IT WAS AMAZING.

IF YOU DIDN'T SEE IT, IT WAS ABSOLUTELY PHENOMENAL.

WE WERE BEING HEARD.

RESIDENTS AND PARENTS CAME UP HERE AND SPOKE THEIR CONCERNS. WE WERE HEARD.

WE LOVED THAT THERE WERE QUESTIONS BEING ASKED BY THE CITY OF CARLSBAD, THE DIFFICULT QUESTIONS.

THEY ALSO SOUGHT FOR A RESOLUTION REGARDING THE ITEM ON THE AGENDA.

I JUST CAME HERE TO SAY THANK YOU, AS SIMPLE AS THAT.

IT WAS AMAZING AND WAS PHENOMENAL AND IT WAS GREAT BEING HEARD. THANK YOU.

>> THANK YOU. IF EVERYONE WILL DIRECT THEIR ATTENTION TO THE SCREEN, I WILL REVIEW THE PROCEDURES THE COMMISSION WILL BE FOLLOWING FOR THE EVENING'S PUBLIC HEARINGS.

THE PUBLIC HEARING WILL BE OPENED.

STAFF WILL MAKE THEIR PRESENTATION.

THE PLANNING COMMISSION MAY ASK CLARIFYING QUESTIONS ON THE STAFF PRESENTATION.

THE APPLICANTS WILL MAKE THEIR PRESENTATION AND RESPOND TO CLARIFYING QUESTIONS FROM COMMISSIONERS.

THEY WILL THEN HAVE 10 MINUTES FOR THEIR PRESENTATION.

THE PUBLIC TESTIMONY PERIOD WILL THEN BE OPENED.

A TIME LIMIT OF 3 MINUTES IS ALLOTTED TO EACH SPEAKER.

ALL THOSE WANTING TO SPEAK, HAVING DONE SO, THE PUBLIC TESTIMONY PERIOD WILL THEN BE CLOSED.

THE APPLICANT AND STAFF WILL THEN HAVE THE OPPORTUNITY TO RESPOND TO ISSUES OR QUESTIONS RAISED.

THE COMMISSIONERS WILL THEN DISCUSS THE ITEM AND THEN VOTE ON IT.

THE PUBLIC HEARING WILL BE CLOSED.

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

YOU CAN FIND ADDITIONAL INFORMATION ON PLANNING COMMISSION PROCEDURES ON THE BACK OF TONIGHT'S AGENDA.

I'LL NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM NUMBER 1.

[1. CT 2022-0003/CUP 2022-0014/CDP 2022-0047 (DEV2022-0063 CARLSBAD BY THE SEA, SUMMERHOUSE]

FIRST, HAVE ANY COMMISSIONERS HAD ANY EX-PARTY COMMUNICATIONS OR CONVERSATIONS ON THIS ITEM? COMMISSIONER MERZ.

>> YES, I VISITED THE SITE.

>> GREAT. COMMISSIONER MEENES?

>> YES. I ALSO VISITED THE SITE.

>> COMMISSIONER LAFFERTY?

>> I'M FAMILIAR WITH THE SITE AND I LOOKED IT UP ON GOOGLE MAPS.

>> COMMISSIONER STINE?

>> VISITED THE SITE.

>> I'M SORRY, COMMISSIONER HUBINGER.

>> YEAH, VISITED THE SITE.

>> COMMISSIONER SABELLICO?

>> I HAVE VISITED THE SITE, AND I'M FAMILIAR WITH IT.

>> MR. LARDY, WOULD YOU PLEASE INTRODUCE THIS ITEM?

>> SURE. THANK YOU, COMMISSIONERS.

HERE TO GIVE THE STAFF PRESENTATION FOR THE CARLSBAD BY THE SEA SUMMER HOUSE IS JASON GOFF SENIOR PLANNER.

>> THANK YOU, MR. LARDY, CHAIRMAN, MEMBERS OF THE COMMISSION, GOOD EVENING.

THE SUBJECT OF TONIGHT'S DISCUSSION IS REGARDING A REQUEST FOR APPROVAL TO CONSOLIDATE FIVE LOTS INTO ONE FOR THE DEVELOPMENT OF A 35,720 1-SQUARE FOOT MULTI-LEVEL PROFESSIONAL CARE FACILITY USE WITH 19 MEMORY CARE BEDS AND 23 PROFESSIONAL CARE BEDS DEVELOPED AND OPERATED BY THE CARLSBAD BY THE SEA RETIREMENT COMMUNITY.

THE SUBJECT SITE CONSISTS OF FIVE LEGAL UNDEVELOPED PARCELS TOTALING 0.62 ACRES LOCATED SOUTH OF BEACH AVENUE BETWEEN GARFIELD STREET AND OCEAN STREET.

TOPOGRAPHICALLY, THE SITE DESCENDS GENTLY FROM GARFIELD STREET IN A WESTERLY DIRECTION TOWARDS OCEAN STREET.

THE SITE IS CURRENTLY FENCED FOR SECURITY AND CONSISTS ENTIRELY OF HMP-DISTURBED LANDS.

PUBLIC PARKING EXISTS ALONG THE PROJECT'S FRONTAGE WITH OCEAN STREET, BEACH AVENUE, AND GARFIELD STREET.

A PRIVATE PARKING LOT FOR THE BEACH TERRACE IN ADJOINS THE SITE TO THE SOUTH.

THERE IS A PUBLIC BEACH ACCESS PROVIDED FROM OCEAN STREET DIRECTLY ACROSS FROM THE PROJECT SITE, AND THE PROPERTY IS ZONED MULTIFAMILY RESIDENTIAL WITH A BEACH AREA OVERLAY, AND THE SITE IS LOCATED WITHIN THE MEL 2 SEGMENT OF THE LOCAL COASTAL PROGRAM.

THERE ARE THREE PERMITS ASSOCIATED WITH TONIGHT'S PROJECT, A TENTATIVE TRACT MAP, A CONDITIONAL USE PERMIT, AND A COASTAL DEVELOPMENT PERMIT.

APPROVAL OF A TENTATIVE TRACT MAP IS NECESSARY TO CONSOLIDATE THESE FIVE LEGAL PARCELS INTO ONE PARCEL SO AS TO ACCOMMODATE THE DEVELOPMENT FOOTPRINT OF THE NEWLY PROPOSED BUILDING.

APPROVAL OF A CONDITIONAL USE PERMIT IS REQUIRED FOR THE PROFESSIONAL CARE FACILITY USE WHERE LOCATED WITHIN THE R-3 ZONE.

ALL FINDINGS TO SUPPORT THE USE SIMILAR TO THE EXISTING CARLSBAD BY

[00:10:04]

THE SEA RETIREMENT COMMUNITY CAN BE MADE AND ARE INCLUDED IN EXHIBIT 1 OF THE STAFF REPORT.

APPROVAL OF A COASTAL DEVELOPMENT PERMIT IS REQUIRED BECAUSE THE PROJECT SITE IS LOCATED WITHIN THE COASTAL ZONE.

HERE'S THE SITE OF THE PROPOSED BUILDING AS SITUATED ON 0.62 ACRE SITE.

THE NEW BUILDING IS SET BACK 20 FEET FROM BOTH GARFIELD AND OCEAN STREET AND IS SET BACK 10 FEET FROM BOTH BEACH AVENUE AND THE INTERIOR PROPERTY LINE TO THE SOUTH.

GARFIELD STREET, OCEAN STREET, AND BEACH AVENUE, ARE ALL PROPOSED TO RECEIVE NEW CURB, GUTTER, SIDEWALK, AND LANDSCAPE IMPROVEMENTS ALONG EACH PROJECT FRONTAGE.

THE PROJECT WILL BE PROVIDING ITS OFF STREET PARKING WITHIN A SUBTERRANEAN PARKING GARAGE OF APPROXIMATELY 16,704 SQUARE FEET AS SHOWN HERE ON THIS SLIDE.

THIS LEVEL WILL INCLUDE 30 VEHICLE PARKING SPACES WHERE ONLY 19 ARE REQUIRED, AND STORAGE FOR UP TO 21 BICYCLES.

TWO ELEVATOR CABS AND A STAIR TOWER WILL PROVIDE PEDESTRIAN ACCESS TO AND FROM THE PARKING GARAGE THROUGH ALL FLOOR LEVELS.

VEHICULAR ACCESS IS PROVIDED FROM OCEAN STREET VIA A DOWN RAMP LOCATED ALONG THE SOUTH SIDE OF THE PROPOSED BUILDING.

CONSIDERED THE MEMORY CARE LEVEL AND CONSISTING OF APPROXIMATELY 14,447 SQUARE FEET.

LEVEL 1 IS SHOWN HERE ON THIS SLIDE INCLUDES 19 LICENSED MEMORY CARE BEDS, AND IS SITUATED AT GRADE LEVEL WITH OCEAN STREET.

PRIMARY PEDESTRIAN ACCESS TO THE MEMORY CARE LEVEL WILL BE PROVIDED FROM OCEAN STREET.

EACH PROPOSED BEDROOM GENERALLY CONSISTS OF A SINGLE BED AND A BATHROOM EACH TOTALING APPROXIMATELY 308 SQUARE FEET.

ALL BEDROOMS EXIT INTO TWO CORRIDORS LEADING TO A CENTRALIZED COMMON AREA FOR LIVING, DINING, AND RECREATIONAL ACTIVITIES, OR ONTO ONE OF TWO OUTDOOR GARDEN AREAS.

MEALS WILL BE PROVIDED FROM THE EXISTING NEARBY ADJACENT CARLSBAD BY THE SEA RETIREMENT COMMUNITY.

LEVEL 2 CONSISTS OF APPROXIMATELY 14,115 SQUARE FEET AND INCLUDES 16 LICENSED RESIDENTIAL PROFESSIONAL CARE BEDS WITHIN 10 UNITS.

PRIMARY PEDESTRIAN ACCESS TO LEVEL 2 IS PROVIDED FROM GARFIELD STREET.

THERE ARE FOUR ONE BEDROOM UNITS WITH A DEN AND SIX TWO BEDROOM UNITS.

UNIT SIZES RANGE FROM APPROXIMATELY 992 SQUARE FEET TO 1,303 SQUARE FEET.

EACH UNIT INCLUDES A KITCHEN, DINING, LIVING AREA, ONE OR TWO BATHROOMS, AND A PRIVATE BALCONY OVERLOOKING THE ADJACENT STREET OR PRIVATE YARD AREA FRONTING GARFIELD STREET.

ALL UNITS ARE ACCESSED VIA CENTRALIZED LOBBY AND CIRCULATION CORRIDOR.

LASTLY, LEVEL 3 CONSISTS OF APPROXIMATELY 7,160 SQUARE FEET AND INCLUDES SEVEN LICENSED RESIDENTIAL PROFESSIONAL CARE BEDS WITHIN FIVE UNITS.

PRIMARY PEDESTRIAN ACCESS TO LEVEL 3 IS PROVIDED FROM GARFIELD STREET VIA THE LEVEL 2 LOBBY.

THERE'S ONE BEDROOM UNIT, TWO, ONE BEDROOM UNITS WITH A DEN, AND TWO, TWO BEDROOM UNITS WITH A DEN.

THESE UNITS ALL RANGE IN SIZE FROM APPROXIMATELY 816 SQUARE FEET TO 1,527 SQUARE FEET.

EACH UNIT INCLUDES A KITCHEN, DINING, LIVING AREA, AND ONE OR TWO BATHROOMS. LEVEL 3 ALSO INCLUDES A ROOF TERRACE, OVERLOOKING OCEAN STREET TOWARDS THE OCEAN.

THE ROOFTOP TERRACE INCLUDES BOTH PRIVATE AND COMMON AREA WITH LANDSCAPING.

IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THEIR GUIDELINES, THE CITY PLANNER HAS DETERMINED THAT THE PROJECT QUALIFIED FOR AN EXEMPTION PURSUANT TO SECTION 15332, KNOWN AS IN FIELD DEVELOPMENT PROJECTS.

ON FEBRUARY 7, 2024, A NOTICE OF INTENDED DECISION REGARDING THE ENVIRONMENTAL DETERMINATION WAS ADVERTISED AND POSTED ON THE CITY'S WEBSITE AND AN EMAIL WAS DISTRIBUTED TO INTERESTED INDIVIDUALS.

NO COMMENT LETTERS OR APPEALS WERE RECEIVED DURING THE NOTICING PERIOD.

CONSISTENT WITH CHAPTER 21 54 OF THE CARLSBAD MUNICIPAL CODE, THE THE CITY PLANNERS WRITTEN DECISION IS FINAL.

IN CONCLUSION, THE PROJECT WAS ANALYZED FOR CONSISTENCY WITH THE CITY'S GENERAL PLAN, ITS LOCAL COASTAL PROGRAM, AND ALL REQUIRED CITY CODES, POLICIES AND STANDARDS, INCLUDING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

THE STAFF REPORT AND RESOLUTION THAT IS BEFORE THE COMMISSION TONIGHT CONTAINS ALL THE ANALYSIS AND FINDINGS TO SUPPORT THE RECOMMENDATION.

AS SUCH, WE ARE RECOMMENDING THAT THE COMMISSION ADOPT THE RESOLUTION AS SPECIFIED IN THE STAFF REPORT.

THIS CONCLUDES MY PRESENTATION.

HOWEVER, BEFORE MOVING ON, I SHOULD POINT OUT THAT REPRESENTATIVES FROM CARLSBAD BY THE CR HERE AND AVAILABLE FOR ANY QUESTIONS TONIGHT. THANK YOU.

>> THANK YOU. I ALSO WANT TO THANK ALL THE LETTERS AND EMAILS WE'VE RECEIVED FROM MANY OF YOU HERE TONIGHT.

COMMISSIONERS, ARE THERE ANY CLARIFYING QUESTIONS OF STAFF? COMMISSIONER MERZ.

[00:15:07]

>> THANK YOU FOR THE PRESENTATION, MR. LARDY.

IT'S INTERESTING IS THAT THERE'S ONLY 19 PLACES REQUIRED, BUT THEY DID 30.

IS THAT JUST DETERMINED BASED ON WHAT THEY FELT THEIR NEEDS WERE FOR THE FACILITY?

>> YES, SIR.

>> THANK YOU.

>> COMMISSIONER LAFFERTY.

>> DOES THIS NEW RESIDENTIAL FACILITY ADD OR CONTRIBUTE TO OUR ALLOCATION FOR LINEAR NUMBERS FOR OUR HOUSING ELEMENT?

>> COMMISSIONER LAFFERTY, MEMBERS OF THE COMMISSION, WE DO NOT CONSIDER THESE DWELLING UNITS, SO THEY DO NOT DIRECTLY ADD TO OUR REGIONAL HOUSING NEEDS ALLOCATION NUMBERS AS HOUSING UNITS PRODUCED.

HOWEVER, WHEN WE DO A HOUSING ELEMENT, WE ALSO NEED TO LOOK AT WHAT OTHER TYPES OF HOUSING ARE PROVIDED, AND THIS COULD POTENTIALLY FILL SOME OF THOSE THAT ANALYSIS WHEN WE DO OUR NEXT HOUSING ELEMENT AS AN ALTERNATIVE HOUSING TYPE.

SIMILARLY, WE LOOK AT THINGS LIKE VETERANS HOUSING AND OTHER THINGS THAT COULD HELP SUPPORT OUR HOUSING TYPE.

NUMERICALLY NO, BUT QUALITATIVELY, YES, IT COULD HELP US MEET OUR HOUSING GOALS.

>> LET'S DRAW BACK ON THAT JUST A MINUTE.

RIGHT NOW, BASICALLY, THIS IS DEFINED AS A PERSONAL CARE FACILITY UNDER OUR MUNICIPAL CODE, CORRECT, SECTION 201-04-2905.

THAT GOES BACK TO COMMERCIAL LIVING UNITS WHICH ARE DEFINED IN OUR MUNICIPAL CODE 21 4093.

THAT EXCLUDES THEM FROM INCLUSIONARY HOUSING REQUIREMENTS.

I'M TRYING TO UNDERSTAND IN BECAUSE THE DRAWINGS THEMSELVES THEY SHOW THE STATE OCCUPANCY CODE DEFINED AS R 2.1, WHICH IS RESIDENTIAL MEMORY CARE AND INDEPENDENT LIVING.

THE INCLUSIONARY HOUSING REGULATION THAT WE HAVE SAYS ANY RESIDENTIAL DEVELOPMENT IS MANDATORILY REQUIRED TO PROVIDE INCLUSIONARY HOUSING.

BUT THERE'S THIS CAVEAT ON D6 THAT SAYS A COMMERCIAL LIVING UNIT IS SEPARATELY DEFINED.

MY CONCERN WITH THIS IS ARE WE ACTUALLY CREATING A CONSTRAINT REGARDING HUD FOR THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT? WE'RE DEFINING THIS AS A COMMERCIAL USE AND A PROFESSIONAL CARE FACILITY, BUT THAT'S NOT REALLY HOW THE BUILDING CODE IS DEFINED.

DOES THE CITY OVERRIDE THE STATE IN DEFINING THIS AS HOUSING?

>> WELL, THERE'S TWO DIFFERENT THINGS THAT ARE HERE.

OUR ZONING ORDINANCE, SIMILAR TO A LOT OF JURISDICTION AND ZONING ORDINANCES, DEFINE WHAT A RESIDENTIAL UNIT IS, AND THEN THEY DEFINE CERTAIN OTHER TYPES OF HOUSING.

IN OUR ZONING ORDINANCE, WE HAVE A DEFINITION OF PROFESSIONAL CARE FACILITY, THAT WAS THE REFERENCE THAT YOU HAD.

WHEN THIS APPLICATION FIRST CAME IN, WE EVALUATED IT.

WE TOOK A TOUR OF THE EXISTING FACILITY TO SEE HOW IT'S OPERATION, AND DETERMINED THAT IT MET THE DEFINITION OF PROFESSIONAL CARE FACILITY.

BECAUSE OF THAT, THAT CARRIED FORWARD WHERE THERE WAS NOT A DENSITY REQUIREMENT SPECIFICALLY APPLIED TO THE PROJECT.

HOWEVER, UNDER OUR ZONING ORDINANCE, PROFESSIONAL CARE FACILITY ISN'T ALLOWED USE WITH THE PERMITS THAT ARE OUT HERE AND PROPOSED AND APPLIED FOR.

THAT WAS THE DETERMINATION THAT IT MET THE QUALIFICATIONS FOR PROFESSIONAL CARE FACILITY.

WE'VE REVIEWED THOSE.

WE EVEN REVIEWED THOSE FAIRLY RECENTLY WITH DEFINITIONS OF STATE LAW AND THEIR GUIDANCE ON THE DIFFERENT TYPES OF HOUSING, AND WE BELIEVE WE ARE CONSISTENT WITH ALL OF THOSE.

WE HAD MADE SOME CHANGES, I BELIEVE LAST APRIL THAT HELPED BRING SOME OF OUR OTHER GROUP QUARTER TYPE HOUSING DEFINITIONS AND COMPLIANCE AND THIS ONE WAS NOT CHANGED.

RELATED TO THE BUILDING CODE, THAT IS A SEPARATE STANDARD, AND THERE'S SEPARATE REQUIREMENTS RELATED TO OCCUPANCY FOR IT, AND SO THEY ARE GOING TO BE TREATED OCCUPANCY WISE, LOOKING AT THE APPROPRIATE STANDARD.

WE'RE CONSISTENTLY TREATING THESE AS NOT DWELLING UNITS IN OUR ZONING ORDINANCE, AND OUR HOUSING ELEMENT AND CONSISTENCY WITH OUR GENERAL PLAN.

YOU ARE CORRECT THAT THAT DOES MEAN THAT THE INCLUSIONARY HOUSING ORDINANCE DOES NOT APPLY BECAUSE

[00:20:01]

IT DEFINES THEM AS A COMMERCIAL UNIT AT THAT POINT.

UNLESS THERE WAS SOME OTHER FEE ESTABLISHED BY THE CITY FOR TYPES OF NON-HOUSING UNITS, IT'S SIMILAR TO A HOTEL WHICH WOULD NOT APPLY, PAY FOR INCLUSIONARY HOUSING FEES OR OFFICE BUILDINGS THAT DON'T PAY INCLUSIONARY HOUSING FEES BECAUSE THERE'S NOT A FEE LINKED TO THEM DIRECTLY.

>> ULTIMATELY, THE CONCERN WITH APPROVING THIS CONDITIONAL USE PERMIT AND THE COMBINING OF THE EXISTING RESIDENTIAL LOTS THAT ARE ON THERE, FIVE LOTS, IS THAT WE'LL BE LOSING UNITS IN OUR RESIDENTIAL HOUSING COUNT.

THIS IS WHY I'M CONCERNED THAT IF WE CONSISTENTLY DEFINE THIS AS A COMMERCIAL UNIT AND PROFESSIONAL CARE FACILITY WHEN THE CALIFORNIA DEPARTMENT OF HOUSING IS ACTUALLY TRYING TO LIMIT RESTRAINTS AND PROMOTE SENIOR HOUSING.

I'M CONCERNED THAT WE'RE LOSING, AS A CITY, TWO-FOLD.

WE'RE LOSING NOT ONLY COUNTS FOR OUR ALLOCATION FOR OUR HOUSING ELEMENT, BUT WE'RE ACTUALLY ALSO LOSING THE POTENTIAL OF A FOR-PROFIT ORGANIZATION TO HELP DEFER SOME OF THESE COSTS THAT WE HAVE AS A CITY, TO INCLUDE OTHER OPPORTUNITIES FOR INCLUSIONARY HOUSING.

I'M A LITTLE CONCERNED WITH THIS BECAUSE I'M NOT CLEAR STILL IF OUR DEFINITIONS ARE CONSISTENT WITH THE STATE'S DEFINITION OF WHAT HOUSING SHOULD BE RESIDENTIAL HOUSING.

>> WE'VE REVIEWED OUR DEFINITIONS AS RECENTLY AS LAST YEAR, AND WE BELIEVE THEY ARE ALL CONSISTENT WITH THE STATE REGULATIONS AND REQUIREMENTS.

A COUPLE OF OTHER THINGS JUST TO SHARE WITH THE COMMISSION.

FIRST, WE'VE TALKED A LOT OVER THE YEARS ABOUT NO NET LOSS REQUIREMENTS AND LOSS OF HOUSING UNITS.

THESE ARE VACANT LOTS.

THERE ARE A NUMBER OF LAWS THAT WOULD APPLY IF THERE WERE EXISTING HOUSING UNITS ON THE SITE AND ESSENTIALLY WOULD REQUIRE THAT THOSE HOUSING UNITS BE REPLACED.

BECAUSE IT IS VACANT, THOSE LAWS DO NOT APPLY.

THIS SITE IS NOT IN OUR REGIONAL HOUSING NEEDS ALLOCATION IN OUR INVENTORY, AND SO WHILE WE CANNOT COUNT IT AND TAKE CREDIT WHEN THESE UNITS ARE BUILT, WE'RE ALSO NOT LOSING ANYTHING IN OUR INVENTORY FOR OUR COMPLIANCE WITH THE HOUSING ELEMENT.

THEN THERE'S SOME OVERALL LAWS THAT ARE RESTRICTIVE ON GOVERNMENT IMPOSED RESTRICTIONS ON LOSS OF UNITS.

FOR EXAMPLE, WE COULD NOT REZONE THIS FROM RESIDENTIAL TO COMMERCIAL WITHOUT MAKING THAT UP SOMEWHERE ELSE, BUT THOSE ARE ONLY APPLIED TO GOVERNMENT ADDED RESTRICTIONS.

IN THIS CASE, WE'RE REACTING TO THE PRIVATE APPLICANT THAT HAS SUBMITTED SOMETHING THAT IS CONSISTENT WITH THE CONDITIONAL USE PERMIT AND OTHER PERMITS WITH OUR ZONING ORDINANCE.

I REALIZE THOSE ARE NUANCES AND IT IS TECHNICAL, BUT THAT IS OUR INTERPRETATION AND REVIEW OF THIS APPLICATION AND CONSISTENCY WITH HOUSING LAWS.

I WOULD ASK IF CITY ATTORNEY HAS ANYTHING ADDITIONAL.

SHE'D LIKE TO ADD ON THIS.

>> I AGREE WITH EVERYTHING THAT ERIC WAS JUST EXPLAINING.

I THINK WHEN WE TALK ABOUT THE DIFFERENT DEFINITIONS AND WHETHER OR NOT THEY'RE CONSISTENT, WE CAN'T GIVE A BROAD STATEMENT SAYING THEY'RE CONSISTENT ACROSS THE BOARD, BECAUSE THERE ARE DIFFERENT DEFINITIONS FOR DIFFERENT LAWS.

THE VARY DEPENDING ON WHAT YOU'RE TALKING ABOUT.

BUT FOR EXAMPLE, OUR INCLUSIONARY HOUSING ORDINANCE, WE DID REVIEW THAT AND THEN I THINK IT IS HELPFUL IF YOU LOOK AT.

LET ME PULL THAT BACK UP.

THE DEFINITION FOR COMMERCIAL LIVING UNIT, WHICH IS WHAT EXEMPTS THIS FROM THE INCLUSIONARY HOUSING, AND ONE OF THE KEY ELEMENTS THERE IS THAT IT'S PROVIDING ASSISTANCE OR SERVICES THAT ARE PROVIDED IN CONJUNCTION WITH THE LIVING UNIT.

I THINK THAT'S ONE OF THE FEATURES THAT DISTINGUISHES THIS FROM A DWELLING UNIT UNDER OUR INCLUSIONARY HOUSING ORDINANCE.

OF COURSE, THAT'S GOING TO BE A DIFFERENT DEFINITION UNDER DIFFERENT LAWS.

BUT FOR PURPOSES OF THE INCLUSIONARY HOUSING ORDINANCE, AT LEAST, THAT'S HOW THAT ONE WORKS.

>> I APPRECIATE THE DEFINITION.

I'M QUITE CONCERNED THOUGH THAT IT DOES ACTUALLY CONSTRAIN US AS DEFINED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, TO BE ABLE TO NOT INCLUDE THESE ESPECIALLY IN ARENA NUMBERS, BUT ALSO BECAUSE WE HAVE OTHER FACILITIES LIKE CITY-BUILT FACILITIES THAT COULD BE INCLUDED IN ARENA NUMBERS, AND THIS PARTICULAR ONE CANNOT BE BECAUSE OF THESE TWO DEFINITIONS IN OUR MUNICIPAL CODE.

[00:25:07]

I THINK THAT THERE'S A LITTLE BIT OF A DISCONNECT HERE BECAUSE IT SEEMS TO ME THAT COLLECTING A FEE OR NOT COLLECTING A FEE, WE SHOULD BE ABLE TO INCLUDE THIS TYPE OF ALTERNATIVE HOUSING IN OUR ARENA NUMBERS RIGHT NOW TO BE ABLE TO HELP SATISFY SOME OF THE OTHER CONCERNS THAT WE HAVE.

IDEALLY, WE COULD COLLECT INCLUSIONARY HOUSING FEES FROM THIS DEVELOPER.

BUT I THINK THAT THERE IS A DISCONNECT BETWEEN WHAT THE STATE IS ACTUALLY ASKING FOR AND WHAT OUR DEFINITIONS ARE CONSTRAINING.

I'M CONCERNED WITH THAT.

I THINK IT COULD BE DIFFICULT TO JUSTIFY THE COMBINED LOTS, BECAUSE WE'RE LOSING RESIDENTIAL.

ANYWAY, THAT'S I THINK THE LINE OF QUESTIONING FOR NOW. THANKS.

>> THANK YOU. COMMISSIONER SABELLICO.

>> I JUST WANT TO THANK COMMISSIONER LAFFERTY FOR BRINGING THOSE QUESTIONS.

I THINK IT PROBABLY DOESN'T HAVE ANY BEARING ON OUR DECISION TONIGHT, BUT THESE QUESTIONS ARE LIKELY TO REOCCUR, SO IT'S IMPORTANT THAT WE GET ANSWERS TO THEM.

I HAVE THREE QUESTIONS, AND I THINK YOU ANSWERED TWO OF THEM, ERIC.

BUT JUST TO CONFIRM, THIS WOULD NOT BE CONSIDERED A DOWN-ZONING, BECAUSE IT'S NOT IN OUR HOUSING INVENTORY, SO WE'RE NOT LOSING ANY UNITS ACCORDING TO OUR HOUSING ELEMENT, IS THAT RIGHT?

>> IT'S NOT IN OUR HOUSING INVENTORY.

SO THERE'S ONE SET OF LAWS THAT APPLY TO THAT.

WE ALSO DON'T CONSIDER IT A DOWN-ZONE OR A GOVERNMENTAL REGULATION, BECAUSE IT'S NOT AN ACTION WE ARE TAKING.

>> THE SECOND CLARIFICATION IS THIS ISN'T CONSIDERED DWELLING UNIT OR RESIDENTIAL HOUSING UNIT OR EITHER ONE OF THOSE THINGS, BECAUSE OF OUR ZONING CODE, NOT BECAUSE OF THE STATE'S LAWS.

>> THAT IS CORRECT.

>> CAN WE RECOMMEND A CHANGE TO OUR MUNICIPAL CODE, EITHER, MAYBE AT THE NEXT MEETING OR A FUTURE MEETING SO THAT WE CAN GET CREDIT? BECAUSE ONE OF OUR JOBS IS TO RECOMMEND CHANGES TO OUR ZONING CODE, AND WE SHOULD GET CREDIT.

PEOPLE ARE GOING TO LIVE IN THESE FACILITIES AND COMMISSIONER LAFFERTY IS RIGHT.

WE NEED TO MAKE SURE OUR CITY IS IN THE BEST POSITION IT CAN BE LEGALLY ON OUR HOUSING GOALS. CAN WE DO THAT?

>> THAT COULD BE A RECOMMENDATION FROM THE COMMISSION, EITHER AS PART OF THIS ITEM OR WE DO HAVE OUR PLANNING COMMISSION WORK PROGRAM COMING UP AT THE NEXT AGENDA ITEM, SO THAT COULD BE SOMETHING FOR CONSIDERATION FOR THAT TOPIC.

>> THANK YOU.

>> ANY OTHER COMMENTS OR QUESTIONS FROM ANY COMMISSIONERS? WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION? [LAUGHTER]

>> PLEASE STATE YOUR NAME AND YOU'LL HAVE 10 MINUTES TO MAKE YOUR PRESENTATION.

>> PAULA DIGERNESS.

>> GOOD EVENING MEMBERS OF THE PLANNING COMMISSION.

I'M VERY EXCITED ABOUT THIS OPPORTUNITY TO SPEAK BEFORE YOU TODAY, AND NOW THAT I KNOW I HAVE 10 MINUTES, NOT THREE, I WILL TRY TO TALK A LITTLE SLOWER.

MY NAME IS PAULA DIGERNESS AND I AM THE EXECUTIVE DIRECTOR OF CARLSBAD BY THE SEA RETIREMENT COMMUNITY.

I'M HERE TO EXPRESS MY SUPPORT FOR CARLSBAD BY THE SEA SUMMER HOUSE.

WE ARE NOT MERELY A RESIDENTIAL COMMUNITY FOR OLDER ADULTS, WE ARE A PLACE WHERE RESIDENTS CAN RECEIVE THE SUPPORT AND CARE THEY NEED TO AGE IN PLACE COMFORTABLY, SAFELY, AND WITH RESPECT AND DIGNITY.

WE ARE A WELCOMING FRIENDLY COMMUNITY FILLED WITH CULTURE, EXPERIENCE, AND INDIVIDUALITY.

WHAT WE ARE MISSING THOUGH IS THE ABILITY TO PROVIDE DEMENTIA CARE.

OVER 60 RESIDENTS HAVE MOVED OUT OF CARLSBAD BY THE SEA IN THE PAST EIGHT-AND-A-HALF YEARS DUE TO A DEMENTIA DIAGNOSIS.

WITH THE PROPOSED SUMMERHOUSE BUILDING, WE WILL HAVE THE ABILITY TO PROVIDE THE FRONT PORCH DEMENTIA CARE PROGRAM.

WHAT MAKES OUR SUMMERHOUSE SPECIAL IS THAT WE HAVE TAKEN THE BEST OF THE ALZHEIMER'S ASSOCIATION RESEARCH AND EDUCATION AND ELEVATED IT WITH PERSON-CENTERED RELATIONSHIP-BASED APPROACH WE CALL CONNECTIONS.

CONNECTIONS RECOGNIZES THAT THE NATURE AND QUALITY OF RELATIONSHIPS ARE CENTRAL TO THE HEALTH AND CARE OF INDIVIDUALS, AND CAN BE ACHIEVED WHEN ALL PARTICIPANTS APPRECIATE THE IMPORTANCE OF THEIR RELATIONSHIP WITH EACH OTHER.

WE BELIEVE THAT BY INCORPORATING THE SIX SENSES OF CARE IN RELATIONSHIPS, WHICH ARE, SECURITY, CONTINUITY, BELONGING, PURPOSE, ACHIEVEMENT, AND SIGNIFICANCE, INTO ALL THAT WE DO, WE BETTER SERVE NOT ONLY OUR RESIDENTS, BUT THE CAREGIVERS WHO PROVIDE CARE TO THE RESIDENTS, OUR RESIDENTS' FAMILIES, RESPONSIBLE PARTIES, AND THE GREATER COMMUNITY OF CARLSBAD.

[00:30:01]

THIS IS A COLLABORATIVE AND RESPECTFUL APPROACH THAT CREATES AN ENVIRONMENT WHERE ALL VOICES ARE IMPORTANT, HEARD, AND ADDRESSED.

HAVING A SUCCESSFUL, REPUTABLE, HIGH-QUALITY SENIOR LIVING AND MEMORY CARE COMMUNITY WILL, NUMBER 1, MEET COMMUNITY NEEDS WITH QUALITY CARE AND SUPPORT THROUGH A SERVICE THAT CAN ADDRESS THE NEEDS OF ITS AGING RESIDENTS AND THOSE LIVING WITH MEMORY LOSS.

RESIDENTS RECEIVE PERSONALIZED ATTENTION AND PROFESSIONAL CARE THAT MAY NOT BE AVAILABLE IN OTHER HOUSING OPTIONS.

NUMBER 2, SUPPORT FAMILIES.

OUR SERVICES WILL EASE THE BURDEN ON FAMILY MEMBERS WHO MAY STRUGGLE TO PROVIDE THE NECESSARY CARE AT HOME, AND IT OFFERS PEACE OF MIND KNOWING THAT THEIR LOVED ONES ARE IN A SAFE AND NURTURING ENVIRONMENT.

NUMBER 3, JOB CREATION.

STAFF WILL BE NEEDED SEVEN DAYS A WEEK, 24 HOURS A DAY, 365 DAYS A YEAR.

THESE NEW JOBS TO CARLSBAD WILL BE NEEDED IN MEDICAL STAFFING, CAREGIVERS, HOSPITALITY, FACILITIES, ADMINISTRATIVE, AND SUPPORT AREAS.

NUMBER 4, COMMUNITY INVOLVEMENT.

CARLSBAD BY THE SEA ENGAGES WITH THE LOCAL COMMUNITY THROUGH PARTNERSHIPS, SPONSORSHIPS, AND EVENTS.

FOR EXAMPLE, WE SPONSOR A SENIOR WOMEN'S BASKETBALL LEAGUE, WHICH PRACTICES AT PINE AVENUE COMMUNITY CENTER.

OUR MEN'S SHED GROUP RECENTLY BUILT PROPS FOR NEW VILLAGE ARTS THEATER.

WE HAVE A CLOSE CONNECTION WITH ST. MICHAEL'S BY-THE-SEA EPISCOPAL CHURCH, OUR LOCAL SCHOOLS, AND LIBRARIES.

THESE ARE JUST A FEW OF THE EXAMPLES WHERE OUR INTERACTION FOSTERS A SENSE OF INCLUSIVITY, SUPPORT, BRIDGING GENERATIONAL GAPS, AND ENRICHING THE LIVES OF THE RESIDENTS IN THE GREATER COMMUNITY.

NUMBER 5, ENHANCING THE CITY'S REPUTATION.

A WELL-RUN, SENIOR LIVING, AND MEMORY CARE COMMUNITY ADDS TO CARLSBAD REPUTATION AS A CARING AND INCLUSIVE CITY.

IN CONCLUSION, THIS PROJECT REPRESENTS A MODERN APPROACH TO SENIOR LIVING, ONE THAT PRIORITIZES RESIDENTS' HEALTH, COMFORT, AND INDEPENDENCE, AND PROVIDES SUBSTANTIAL BENEFITS TO OUR COMMUNITY.

PLEASE ENDORSE THIS PROJECT.

THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION.

>> THANK YOU FOR YOUR EXCELLENT PRESENTATION.

COMMISSIONERS, ARE THERE ANY CLARIFYING COMMENTS OF THIS APPLICANT? COMMISSIONER MEENES.

>> QUESTION FOR YOU.

IN REGARD TO THE MEMORY CARE FACILITY, YOU HAVE 19 BEDS.

NOW, IS THAT A LONG-TERM MEMORY CARE WHERE IF AN INDIVIDUAL LIVING AT CARLSBAD BY THE SEA MOVED INTO BECAUSE OF NECESSITY INTO THE NEW FACILITY FOR MEMORY CARE? WOULD THAT PERSON DEPENDING UPON THE LENGTH OF TIME, IS THERE A TERM LIMIT, IN OTHER WORDS, IS IT A TEMPORARY MOVING INTO THE MEMORY CARE OR IS THAT LONG-TERM WHEN THAT PERSON MOVES INTO THAT FACILITY?

>> THANK YOU FOR THAT QUESTION, COMMISSIONER MEENES.

IT IS AS LONG AS THAT RESIDENT NEEDS TO LIVE THERE, THERE'S NO TIME FRAME ON IT.

THAT'S THE CONTINUUM OF CARE.

MORE THAN LIKELY RESIDENTS WHO MOVE INTO THE MAIN BUILDING OR THE BUILDING ON GRAND OR ON OCEAN FRONT, SHOULD ONE OF THEM OR ONE OF THEIR SPOUSES NEED A MEMORY CARE, THEN THEY WOULD BE ABLE TO TRANSFER OVER TO THAT AREA, OR POSSIBLY PEOPLE FROM THE COMMUNITY WOULD BE ABLE TO MOVE IN, AND THEY CAN STAY THERE AS LONG AS THEY ARE ABLE.

IT'S VERY POSSIBLE THAT A PERSON WITH DEMENTIA MIGHT END UP HAVING A TERMINAL DIAGNOSIS AND GO ON HOSPICE AND BE ABLE TO STAY THERE UNTIL THE END.

THERE IS NO TIME FRAME, JUST AS LONG AS WE'RE ABLE TO MEET THEIR NEEDS AND CARE FOR THEM.

>> SECOND QUESTION FOR YOU. IN REGARD TO THE MEMORY CARE AGAIN, I NOTICED THAT THERE IS NO, IN MEMORY CARE AREA, KITCHEN FACILITIES FOR PREPARATION OF FOOD AND INDICATED IN THE REPORT THAT THAT TYPE OF FOOD WOULD BE BROUGHT FROM THE MAIN FACILITY OVER TO THE SUMMERHOUSE.

COULD YOU PROVIDE TO ME A LITTLE BIT OF INFORMATION REGARDING HOW THAT DECISION WAS DECIDED?

>> YES. WE WERE JUST TALKING WITH OUR CORPORATE CULINARY DIRECTOR TODAY ABOUT THAT.

HOW WE WILL OPERATE THAT IS THE RESIDENTS IN MEMORY CARE ACTUALLY HAVE CHOICES, AND CHOICES OF WHAT THEY WANT TO ORDER OFF OF A MENU, AND THAT MENU WILL BE THE SAME AS WHAT RESIDENTS IN THE OTHER AREAS OF THE COMMUNITY HAVE, ALONG WITH A VARIETY OF ITEMS THAT ARE ALWAYS AVAILABLE.

THEY'LL BE ORDERING WHAT THEY'RE CHOOSING, AND THEN WE WILL PREPARE IT AT THE MAIN KITCHEN, AND THEN WE BRING IT OVER TO THIS BUILDING TO AN AREA OF THE COMMON AREA WHERE WE'LL HAVE THE APPROPRIATE HEATING ELEMENTS AND AREAS, STEAM TABLES, PREP TABLES FOR US TO BRING THE FOOD OVER,

[00:35:03]

AND THEN WE'LL SERVE IT TO THEM IN THE DINING ROOM.

THEN THE OTHER THING IS THOUGH, WE'LL ALSO HAVE A STOVE AND PROBABLY A TURBO CHEF AND REFRIGERATOR AND THOSE THINGS IN THE AREA OF MEMORY CARE BECAUSE AS PART OF THE PROGRAMMING, IT'S IMPORTANT TO HAVE THOSE SMELLS AND SENSES, SO FRESH-BAKED BREAD AND COOKIES, AND THOSE TYPES OF ITEMS ARE IMPORTANT TO THE PROGRAMMING OF A DEMENTIA UNIT.

WE'LL BE ABLE TO HAVE THAT ASPECT ALSO.

>> THANK YOU.

>> YOU'RE WELCOME.

>> COMMISSIONER HUBINGER.

>> THANKS FOR THAT EXCELLENT PRESENTATION.

I JUST HAVE A REAL QUICK QUESTION.

WHEN DO YOU EXPECT TO BE AT 100% CAPACITY?

>> TOMORROW.

>> YOU ALREADY HAVE IT PRETTY WELL-BOOKED UP.

>> WE HAVE SISTER COMMUNITIES HERE IN SAN DIEGO COUNTY, AND OVERALL, I WOULD SAY IN GENERAL, THERE IS A NEED FOR MEMORY CARE UNITS REGARDLESS ACROSS THE COUNTY IN THE STATE.

>> THANK YOU.

>> COMMISSIONER STINE.

>> YES. FIRST OF ALL I WANT TO SAY EXCELLENT PRESENTATION, I BELIEVE FACILITY LIKE THIS IS VERY MUCH NEEDED IN OUR AREA.

MORE OF A TECHNICAL LAND USE PLANNING ISSUE, I'VE OBSERVED THAT PARKING'S A REAL CHALLENGE IN THIS AREA, PARTICULARLY IN THE SUMMERTIME WHEN PEOPLE ARE GOING TO THE BEACH, WHICH IT'S HARD TO FIND A PARKING SPACE.

I'M CONCERNED THAT THE CONSTRUCTION THERE, YOU HAVE SUBTERRANEAN PARKING, NOT THAT YOU'RE GOING TO GET SOMEBODY TO GO INTO THE BEACH, THAT'S NOT WHAT THAT'S FOR, I ASSUME IT'S FOR PEOPLE WHO ARE GOING TO BE WORKING THERE OR VISITING THERE.

>> AND LIVE THERE.

>> AND LIVE THERE. THERE WOULD BE SOME PEOPLE WHO LIVE THERE, HAVE PRIVATE CARS?

>> ON THE SECOND AND THIRD FLOOR.

>> OH, OKAY. I CAN UNDERSTAND THAT.

THIRTY VEHICLE PARKING SPACES, I UNDERSTAND THE REQUIREMENT IS ONLY 19 AND YOU'VE EXCEEDED THAT SUBSTANTIALLY.

THAT STILL DOESN'T SEEM LIKE A LOT OF VEHICLE PARKING, PARTICULARLY WITH A 24/7, 365 OPERATION.

YOU MENTIONED ABOUT JOB CREATION, THAT'S GREAT.

I JUST WANT TO MAKE SURE, MA'AM, THAT WITH THIS FACILITY THAT WE HAVE ADEQUATE PARKING FOR RESIDENTS, THE ONES THAT HAVE CARS, FOR EMPLOYEES, AND FOR VISITORS THERE.

CAN YOU COMMENT ON THAT, PLEASE?

>> RIGHT NOW, BY WHAT WE HAVE WITH OUR CURRENT UNDERGROUND PARKING FOR THE MAIN BUILDING, OCEAN FRONT, AND GRAND, WE'RE DOING FINE, AND WE ACTUALLY HAVE SOME PLENTY OF SPACES AVAILABLE FOR VISITORS AND EXTRA SPACES AVAILABLE FOR EMPLOYEES IN OUR MAIN BUILDING, CURRENTLY, DON'T LET THE WORD OUT.

I THINK 30 SPACES BASED ON ALSO, WHEN I SAY 24/7, 365, THE AMOUNT OF PEOPLE EACH SHIFT IS NOT THAT GREAT OF STAFF.

THE 4-5 SPACES THAT WE MAY NEED FOR THE STAFF STILL LEAVES PLENTY OF PARKING AVAILABLE FOR THE RESIDENTS WHO LIVE ON THAT SECOND AND THIRD FLOOR FOR THEM TO HAVE A CAR, AND TYPICALLY RESIDENTS ONLY HAVE ONE CAR, EVEN IF THEY'RE A COUPLE.

>> AT ANY GIVEN TIME, HOW MANY EMPLOYEES WOULD BE WORKING AT THIS FACILITY?

>> OFF THE TOP OF MY HEAD, ABOUT, AT ANY GIVEN TIME, SIX.

>> OH, OKAY.

>> FIVE OR SEVEN.

>> FIVE OR SEVEN OR SIX ON AVERAGE.

>> YEAH.

>> OKAY.

>> THEN SO FOR EXAMPLE, IN THE OVERNIGHT TIME, THERE WOULD BE TWO PEOPLE.

>> OKAY. I SEE.

I JUST WANT TO MAKE SURE THAT WE HAVEN'T BOXED OURSELVES IN AND WHAT VERY SCARCE PARKING WE DO HAVE ON THE STREET IS NOT GOING TO BE TAKEN UP BY PEOPLE WHO ARE THERE, EITHER RESIDENTS, STAFF OR VISITORS.

IT SEEMS TO ME YOU'VE THOUGHT THAT THROUGH QUITE A BIT.

YOUR EXISTING FACILITY, YOU SAID HAS SOME PARKING THAT YOU COULD USE FOR OVERFLOW IN EFFECT?

>> YES.

>> GOOD. THANK YOU. ANY COMMENTS? COMMISSIONER LAFFERTY.

>> THANKS A LOT. YOU MENTIONED SISTER COMMUNITIES, IS CARLSBAD BY THE SEA THE ONLY ONE THAT'S HERE IN CARLSBAD, THAT'S THE ONLY.

>> YES.

>> SO THIS DEMENTIA FACILITY THAT YOU'RE BUILDING IS NEW TO THIS AREA AND NEW TO THE COMMUNITY OF SISTER COMMUNITIES OR DO YOU HAVE OTHER FACILITIES LIKE THIS IN OTHER CITIES?

>> WE'RE PART OF THE FRONT PORCH OVERALL UMBRELLA AND THERE IS A COMMUNITY CALLED WESLEY PALMS IN SAN DIEGO.

[00:40:04]

ONE CALLED CASA DE MANANA IN LA JOYA AND FREDERICKA MANOR IN CHULA VISTA.

FREDERICKA MANOR AND WESLEY PALMS BOTH HAVE MEMORY CARE, BUT CASA DE MANANA IN LA JOYA DOES NOT.

>> OKAY. WHEN THOSE WERE PERMITTED, IF YOU HAVE ANY UNDERSTANDING OF THAT, WERE THEY CONSIDERED RESIDENTIAL AND PART OF THE CITY OF SAN DIEGO'S HOUSING ELEMENT?

>> I DO NOT KNOW BUT WE COULD FIND OUT.

>> WE'RE TRYING TO MEET A NEED AS A COMMUNITY.

WE OBVIOUSLY SUPPORT THIS EFFORT TO MEET THIS NEED IN OUR COMMUNITY.

BUT WE ALSO KNOW THAT WE HAVE SOME DEFINITIONS THAT RIGHT NOW SEEM TO CONFLICT, AND SO I'M TRYING TO UNDERSTAND IF THEY DO CONFLICT, OR IF THIS IS STANDARD PROTOCOL BECAUSE RIGHT NOW THE DRAWINGS DO SAY THAT THEY'RE RESIDENTIAL USE SO THAT'S ALL I'M TRYING TO GET TO WITH THIS INQUIRY.

THE OTHER QUESTION I HAVE, LOOKING AT THE ELEVATIONS THAT WERE PRESENTED TO US, AND ALSO LOOKING AT THE FINDINGS IN OUR ORDINANCE, NO, THE RESOLUTION THAT WE'RE LOOKING AT, WE'RE TRYING TO ENSURE THE COMPATIBILITY OF THE PROJECT WITH THE SURROUNDING COMMUNITY.

YOU'RE IN THAT BEAUTIFUL BUILDING RIGHT ON THE 101, DO YOU KNOW THE HISTORY OF THAT OLD BUILDING RIGHT ON THE 101?

>> WE DO.

>> CAN YOU TELL US AS A COMMISSION ABOUT THAT ONE BUILDING?

>> I WAS GOING TO SAY ROBERTA, WOULD YOU LIKE TO COME BECAUSE YOU WERE MORE PART OF IT THAN I.

>> WE ARE GOING BACK QUITE A FEW YEARS BUT AS I RECALL, 25 OR THREE YEARS AGO, IT WAS A BEAUTIFUL OLD HOTEL.

>> I'M SORRY, COULD YOU ALSO STATE YOUR NAME FOR THE RECORD?

>> I'M ROBERTA JACOBSON, AND I'M A PROJECT CONSULTANT AND RECENTLY RETIRED PRESIDENT OF FRONT PORCH COMMUNITIES.

SO IT WAS A BEAUTIFUL OLD HOTEL AND WHEN THE BUILDING WAS REBUILT, WE WERE REQUIRED TO MAINTAIN PRIMARILY THE DESIGN FEATURES THAT HAD BEEN EVIDENT IN THE HOTEL ALBEIT WE WERE ABLE TO BRING IT DOWN.

BUT THE DESIGN ELEMENTS THAT YOU SEE THERE TODAY CAME FROM THE OLD HOTEL.

>> THE FACADE IS STILL QUITE INTACT AND VERY BEAUTIFUL.

THANK YOU. THAT LEADS TO MY NEXT LINE OF QUESTIONING WITH THIS PARTICULAR BUILDING.

YOU DIRECTLY KITTY-CORNER FROM A MCGEE HOUSE, WHICH IS RIGHT IN MCGEE PARK.

ALSO IN THE HISTORIC PRESERVATION, THEY'VE HAD SEVERAL CONVERSATIONS ACROSS THE STREET NEXT DOOR, ABOUT THE VICTOR CONDOS ALSO BEING A HISTORIC BUILDING THAT WAS MIMICKING THE CONTEXT OF THE MCGEE HOUSE AND HAVING A CONVERSATION, THE VICTOR CONDOS HAVING THAT CONVERSATION AS WELL IN THE 1980S TO BE ABLE TO CREATE SOME CONTEXTAL RELATIONSHIP.

MY CONCERN WITH THE ELEVATIONS THAT ARE SHOWN ON THIS IS THERE'S A LOT OF TREES SORT OF COVERING UP SOME OF THE ELEVATIONS, WHICH IS ALWAYS FROM ARCHITECTS STANDPOINT, THAT'S ALWAYS A BAD SIGN BECAUSE THAT MEANS THAT THERE'S NOT A LOT OF DEVELOPMENT HAPPENING ON THAT ELEVATION.

I'M CONCERNED THAT THE ELEVATIONS SHOWING THE ROCK, SHOWING CERTAIN THINGS THAT ARE NOT REALLY COLORED IN THE NEIGHBORHOOD THAT WHAT I UNDERSTAND TO SURROUND THAT AREA TO BE THESE COLORS AND THE FACADE DESIGN SEEMS A LITTLE BIT LESS IN KEEPING WITH THE SURROUNDING COMMUNITY THAN WHAT I'M HOPING TO SEE FROM THIS REALLY ROBUST PRESERVATION OF SUCH A BEAUTIFUL BUILDING ON THE 101.

>> WE HAVE TWO OF OUR ARCHITECTS HERE WHO ARE PROBABLY BEST RESPOND TO THAT QUESTION. THANK YOU SO MUCH.

>> AS YOU'RE COMING UP, PLEASE ALSO STATE YOUR NAME FOR THE RECORD.

>> YEAH. MY NAME IS DIEGO LATREZ.

I WAS PART OF THE DESIGN TEAM WITH CUNNINGHAM ON THIS BUILDING.

I APPRECIATE YOUR COMMENTS, I SHARE SOME OF YOUR THOUGHTS.

BUT TO BE CLEAR ON THIS BUILDING, WHAT WE TOOK AS A REFERENCE WAS MORE OF THE ARCHITECTURE THAT HAPPENS AT ST. MICHAEL'S CHURCH AND MORE OF A MID CENTURY ARCHITECTURE, AND THEN WE THOUGHT IT'S HISTORICAL ARCHITECTURAL THEME THAT WAS APPROPRIATE FOR THE NEIGHBORHOOD AND HAS A LITTLE BIT OF A COASTAL FIELD TO IT.

WE BROUGHT THOSE MATERIALS THAT WE ARE CERTAINLY NOT HIDING WITH ANY TREES, AS YOU SUGGEST, BUT THEY ARE PART OF THE DESIGN AS WELL.

BUT YEAH THAT WAS THE [INAUDIBLE] BEHIND IT.

>> YOU APPRECIATE COMMENT.

>> I UNDERSTAND ARCHITECTS ARE ARCHITECTS WE ARE OF DIFFERENT SEEDS.

>> IT'S ALWAYS A LITTLE CONCERNING, BUT THANKS, DIEGO, I APPRECIATE IT.

[00:45:02]

I JUST WANTED TO CLARIFY, IT'S A GOOD LOOK IN DESIGN BUT LIKE I SAID, WE'VE HAD A LOT OF CONVERSATIONS ABOUT THE MCGEE HOUSE AND THE VICTOR CONDOS IN RELATIONSHIP TO EACH OTHER BECAUSE OF THE FACT THAT IT'S A HISTORIC PARK IT OVERLOOKS THE OCEAN.

IT'S VERY SIGNIFICANT AND THERE'S BEEN A DEVELOPMENT IN THAT AREA SO IT'S BEEN VERY CONCERNING.

ALTHOUGH I LIKE THE MID CENTURY, OBVIOUSLY, ST. MICHAEL'S IS OUR ONE AND ONLY ALBERT FRY BUILDING IN THE CITY OF CARLSBAD IT'S A REALLY IMPORTANT STRUCTURE, AND THEY'RE TRYING VERY HARD TO NEGOTIATE WITH THE OWNERS TO BE ABLE TO BE PART OF OUR HISTORIC RECORD FOR THAT PARTICULAR NEWER STRUCTURE, NOT JUST THE OLD STRUCTURE THAT'S ALREADY ON THE RECORD.

>> I JUST THINK THE ROCK ELEMENT WAS THE THING THAT WAS A STUMBLING BLOCK TO ME, SO I'M WONDERING IF THAT COULD BE MODIFIED.

THE ONLY OTHER QUESTION I HAVE FOR THE DEVELOPER IS, IS THIS AFFILIATED WITH A RELIGIOUS ORGANIZATION? FRONT PORCH RETIREMENT COMMUNITIES AND SERVICES IS A NOT FOR PROFIT 501 (C)(3) COMMUNITY BENEFIT CORPORATION.

SO IT'S NOT DIRECTLY RELATED TO A RELIGIOUS ORGANIZATION, 501 (C)(3) COMMUNITY BENEFIT.

BECAUSE I KNOW THE BUILDING CODE HAS SPECIAL REQUIREMENTS WHEN IT COMES TO RELIGIOUS ORGANIZATIONS THAT DO NOT APPLY TO YOU IS WHAT YOU'RE BASICALLY SAYING. OKAY, THANKS.

ANY OTHER QUESTIONS TO THE APPLICANT BY ANY OTHER COMMISSIONERS?

>> GOOD. LET'S NOW OPEN PUBLIC TESTIMONY.

MINUTES CLERK, HOW MANY SPEAKER SLIPS DO WE HAVE?

>> WE HAVE FOUR SPEAKER SLIPS AND 31 CARDS TURNED IN IN SUPPORT OF THE PROJECT.

FOR THE RECORD, I'LL READ THOSE NAMES FIRST.

>> THANK YOU.

>> I APOLOGIZE IF I DON'T SAY THE NAMES CORRECTLY.

M L AUBURN, KAREN BISHOP, MIKE BURKEL, TIMOTHY CASEY, YO YEE CHANG, TOM GARDNER, GAIL DIETRICH, PEGGY EVANS, MARILYN GARDNER.

PENNY HELD, KEVIN HARTMAN, ROBERTA JACOBSON, LILY CAMMER, DAVE AND JANE KRETZMANN, ARTHUR LIGGINS, ELOISE LIGGINS, DIEGO LATREZ, LEO NIKORA, KATHY PRIMNACK, BILL PRIMNACK, MARION REID, MARY YONDER REITH, JOHN SANDERS, ALICE SPRING, CAROL SANDERS.

KATHERINE STOLL, CRAIG SUMNER, SANDRA SEAN SWEENEY, JOE WORTMAN, KEN WORTMAN, AND AN ANONYMOUS CARLSBAD BY THE SEA RESIDENT. YOU LIKED THAT LAST ONE.

>> WELL, THANK YOU FOR ALL YOUR COMMUNITY INVOLVEMENT.

WOULD YOU CALL THE FIRST SPEAKERS, PLEASE?

>> YES. WILL THE FIRST SPEAKER, JACK CUMMINGS, PLEASE COME TO THE PODIUM.

THEN I'LL READ THE FOLLOWING SPEAKERS, AND IF YOU DON'T MIND LINING UP UNDERNEATH THE CLOCK, THAT WOULD BE VERY HELPFUL.

JEFF SIANKO.

BILL WARREN.

GERALD ANDERSON.

>> THANK YOU.

THESE ARE ALL MY NEIGHBORS, SO I KNOW ALL THESE NAMES.

IT'S WONDERFUL TO HAVE THEM HERE.

SIR, COULD YOU WAIT A MINUTE, PLEASE?

>> I WANT TO EXPLAIN THE PROCEDURE.

>> OKAY.

LET ME EXPLAIN THE COMMISSION'S PROCEDURES FOR TESTIMONY.

EACH SPEAKER WILL HAVE THREE MINUTES TO MAKE THEIR COMMENTS.

TO HELP SPEAKERS STAY WITHIN THE TIME LIMIT, THE MINUTES CLERK WILL ACTIVATE THE LIGHTED TIMER.

AS I MENTIONED PREVIOUSLY, A GREEN LIGHT MEANS SPEAK, YELLOW MEANS YOU HAVE ONE MINUTE, AND THE BLINKING RED LIGHT MEANS YOUR TIME HAS EXPIRED.

THANK YOU, SIR. NOW, WOULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.

>> OKAY, I'LL DO THAT.

THANK YOU FOR THAT CLARIFICATION.

[00:50:01]

THANK YOU ALL FOR YOUR PUBLIC SERVICE BEING HERE.

WE KNOW YOU'RE ALL CITIZENS AND GIVING UP YOUR TIME.

I'M JACK CUMMINGS, AND FOR THE LAST 17 YEARS, I'VE BEEN AGING AT 2855 CARLSBAD BOULEVARD, AND YOU MAY HAVE NOTICED THAT I STUMBLE A LITTLE BIT.

WE ALL ARE GETTING OLDER, AND ALL OF YOU ARE GETTING OLDER TOO, SO YOU MAY JOIN US AT ONE DAY, AND IT WOULD BE NICE IF WE COULD HAVE THIS.

WE NEED THIS PROJECT. WE REALLY NEED IT.

I THINK OF JANE GERHARDT, WHO WAS THE FIRST PERSON I ENCOUNTERED WHO HAD TO LEAVE BECAUSE HER MEMORY SLIPPED.

SHE DIDN'T UNDERSTAND WHAT HAPPENED.

SHE DIDN'T UNDERSTAND WHY SHE HAD TO LEAVE HER HOME.

SHE DIDN'T UNDERSTAND WHY HER FRIENDS COULDN'T STAY HER FRIENDS.

SHE WOUND UP IN VISTA IN A PLACE THAT I DON'T THINK YOU WOULD WANT TO BE.

SO I HOPE THAT WE CAN BRING THIS WONDERFUL FACILITY TO OUR VILLAGE AREA.

WE NEED THIS.

YOU MAY NEED IT, AND YOU'D BE VERY WELCOME WHEN YOU COME TO JOIN US, WHICH YOU MAY DO.

NOW, I KNOW YOU ALL HAVE IN FRONT OF YOU A SIGN THAT SAYS VERY MUCH WHAT THAT SAYS UP THERE.

THIS PROJECT IS BOTH POPULAR AND RIGHT.

SO THIS IS SOMETHING YOU CAN VOTE WITH A CLEAR CONSCIENCE WITHOUT WORRYING.

I DON'T UNDERSTAND ALL THOSE TECHNICALITIES.

THEY'RE MARVELOUS THAT THEY'RE IN THE CODES AND THINGS.

BUT THE FACT OF THE MATTER IS WE'RE HUMAN BEINGS, WE'RE GETTING OLDER, AND SOME OF US SLIP AND FALL AND NEED SOME HELP AND ADDED SUPPORT.

PLEASE GIVE IT TO US. THANK YOU.

THANK YOU, SIR.

>> I'M BILL WARREN, AND I WAS BORN A LITTLE OVER 88 YEARS AGO IN CALIFORNIA, AND THEN I SPENT 30 YEARS IN THE AIR FORCE.

THERE ARE MANY IN OUR FACILITY THAT ARE RETIRED MILITARY.

AS BY AND LARGE, WHO ARE WE? I'VE BEEN THERE FIVE YEARS.

WE HAVE ESSENTIALLY PEOPLE WHO SERVED OUR NATION EITHER IN THE MILITARY OR IN A CIVILIAN CAPACITY, AS TEACHERS, AS NURSES.

THERE'S NO REALLY WEALTHY PEOPLE THERE.

THEY ARE PEOPLE THAT WORKED HARD, SERVED OUR COUNTRY AND SAVED THEIR MONEY, AND NOW WE'RE THERE AND WE NEED BEING TAKEN CARE OF.

THAT'S THE LONG AND SHORT OF IT.

I'LL ANSWER ANY QUESTIONS.

BY THE WAY, I WAS THE FIRST LAWYER FOR SPACE COMMAND WHEN IT WAS FORMED, AND IF YOU'RE INTERESTED TO KNOW WHAT A SPACE LAWYER DOES, LET ME KNOW AND I CAN GET YOU A COPY OF MY BOOK.

>> THANK YOU.

>> WHO'S THE NEXT SPEAKER? JEFF SIANKO. OKAY.

>> GOOD EVENING. I'M JEFF SIANKO, CHIEF OPERATING OFFICER FOR FRONT PORCH, AND I HAVE ABSOLUTELY NO INTENTION OF SPEAKING TONIGHT, SO I DON'T KNOW HOW I GOT ON THE LIST.

BUT THANK YOU VERY MUCH.

I'M FULLY IN SUPPORT OF THE PROJECT, AND MAYBE I NEED MY DEMENTIA CARE AS WELL. THANK YOU.

>> GERALD ANDERSON.

>> THANK YOU. MY NAME IS JERRY ANDERSON.

I LIVE AT CARLSBAD BY THE SEA.

I'M THE PRESIDENT OF THE RESIDENT ASSOCIATION, AND I REPRESENT THE NEARLY 200 PEOPLE THAT LIVE THERE.

OUR RESIDENTS MOVED THERE FOR ONE OF TWO REASONS, BOTH REASONS ACTUALLY, LOCATION IN THE VILLAGE OF CARLSBAD AND THE REPUTATION OF CBTS AS ONE OF THE PREMIER RETIREMENT COMMUNITIES IN SOUTHERN CALIFORNIA.

I'M READING MY NOTES HERE, YOU STOLE MY THUNDER.

HISTORICALLY, CBTS REPRESENTS THE HEART OF CARLSBAD.

THE ORIGINAL CALIFORNIA CARLSBAD MINERAL SPRINGS HOTEL WAS BUILT IN 1929 ON PROPERTY OWNED BY CAPTAIN JOHN FRASIER.

WE ALL KNOW WHO THAT IS.

THE HOTEL WAS FREQUENTED BY MANY CELEBRITIES OVER THE YEARS.

THIS BECAME A RETIREMENT HOME IN 1957.

RENT WAS $235 A MONTH PER PERSON, INCLUDING MEDICAL.

THE CURRENT BUILDING WAS CONSTRUCTED IN 1996 TO REPRESENT THE VIEW OF THE ORIGINAL BUILDING.

RENTS HAVE GONE UP HIGHER.

WE OFFER INDEPENDENT ASSISTED LIVING, AS WELL AS SKILLED NURSING FOR OUR COMMUNITY, WHICH INCLUDES COUPLES, SINGLES, SIBLINGS, AND EVEN PARENTS AND CHILDREN, WHICH IS HARD TO IMAGINE THAT WE WOULD HAVE THAT, BUT SEVERAL CASES, ALONG WITH LASTING FRIENDSHIPS AMONG THE RESIDENTS.

PEOPLE MOVE TO CBTS WITH THE VISION OF CONTINUITY THROUGH LIFE'S TRANSITIONS.

MEMORY CARE IS THE FINAL PIECE OF THE PUZZLE THAT IS CRITICALLY NEEDED SO FAMILIES AND FRIENDS DO NOT HAVE TO BE SEPARATED. THANK YOU.

>> THANK YOU, SIR.

[00:55:01]

THAT'S IT.

THERE ARE NO OTHER SPEAKERS? GOOD. WE'LL NOW CLOSE PUBLIC TESTIMONY.

WOULD THE APPLICANT LIKE TO RESPOND TO ANYTHING YOU'VE HEARD? NO? NO? OKAY. DO ANY COMMISSIONERS HAVE ANY FURTHER QUESTIONS FOR THE APPLICANT OR STAFF? COMMISSIONER MEENES?

>> YEAH, QUESTION FOR STAFF.

MY QUESTION IS IN REGARD TO MEMORY CARE.

I NOTICED IN LOOKING AT THE PLANS THAT FOR MEMORY CARE, THERE'S OFTEN TIMES WHEN AMBULANCE SERVICE IS REQUIRED.

IN DOING SO, I WAS LOOKING AT THE APPROACH IN WHICH THEY WITH AN EMERGENCY VEHICLE CAN COME TO THE FACILITY, AND IT SEEMS TO BE SOMEWHAT LIMITED.

BUT FROM THE STANDPOINT OF CITY REQUIREMENTS, AND GIVEN THE TYPE OF FACILITY IT IS, I ASSUME IT MEETS ALL THE REQUIREMENTS, BUT YET AT THE SAME TIME, IS THE DESIGN ADEQUATE?

>> FOR US, THERE WAS NO REQUIREMENTS FOR AMBULATORY SERVICES, BUT I WILL LET THE ARCHITECT AND PAULA ANSWER ANY QUESTIONS AS IT RELATES TO HOW THEIR OPERATIONS WORK.

>> EXCELLENT. THANK YOU.

IF YOU WOULD STATE YOUR NAME AGAIN, SIR, FOR THE RECORD.

>> YEAH, MY NAME IS DIEGO LATREZ, ARCHITECT PART OF THE DESIGN TEAM THERE.

PER CODE, WE'RE REQUIRED TO PROVIDE A DROP OFF AREA, THAT'S PER BUILDING CODE.

SO THAT I WOULD ASSUME IS THE CORRECT AREA FOR AN AMBULANCE TO STOP.

THEN ADDITIONALLY, THE BUILDING HAS AN ACCESS POINT AT THE GARFIELD STREET LEVEL, SO THERE'S ANOTHER POINT OF ACCESS THERE IN ADDITION TO THE EMERGENCY EXIT.

THERE IS PLENTY OF ACCESS FOR AMBULANCE PERSONNEL TO GET INTO THE BUILDING.

>> IS THAT ACCESS ON STREET OR IS IT ACTUALLY ON THE PROPERTY?

>> THE DROP OFF AREA IS OFF STREET.

>> YES, ON OCEAN STREET.

WAS THERE CONSIDERATION IN HAVING IT BE ON SITE AT THE TIME OF DESIGN?

>> IT IS ON SITE.

>> OFF STREET, ON SITE.

>> OKAY, THANK YOU.

>> ANY COMMISSIONERS HAVE ANY OTHER COMMENTS OR QUESTIONS OF STAFF FOR THE APPLICANT? SEEING NONE, LET'S NOW OPEN COMMISSION DISCUSSION.

ANYONE WANT TO GO FIRST? COMMISSIONER SABELLICO?

>> WELL, I WANT TO THANK ALL OF YOU FOR COMING HERE TONIGHT.

I WAS JUST CHUCKLING BEFORE THE MEETING STARTED THAT I DIDN'T THINK THIS WAS GOING TO BE A CONTROVERSIAL ITEM, BUT YOU WERE ALL TAKING NO CHANCES WITH THIS ONE.

I THINK IT HAS ADDED TO MY UNDERSTANDING, AND FOR ALL OF US UP HERE, TO HEAR YOUR PUBLIC TESTIMONY.

ACTUALLY, I WANT TO THANK YOU, MR. CUMMING BECAUSE THERE'S AN AWARD FOR BEST PUBLIC COMMENT, AND I'M GOING TO NOMINATE YOU FOR THAT.

REALLY, I AM. I RECENTLY LOST MY GRANDFATHER.

HE WENT TO ANOTHER FACILITY WHERE HE LIVED FOR THE LAST FEW MONTHS OF HIS LIFE.

HE SUFFERED FROM ALZHEIMER'S, AND THIS IS REALLY IMPORTANT.

THE LAST FEW MONTHS WHEN YOU'RE GOING THROUGH SOMETHING LIKE THAT, IT'S REALLY IMPORTANT FOR YOU, IT'S REALLY IMPORTANT FOR YOUR FAMILY.

IT'S TRAUMATIC TO HAVE TO MOVE AND NOT KNOW WHY.

THIS IS REALLY BENEFICIAL FOR OUR CITY, IT'S REALLY BENEFICIAL FOR OUR RESIDENTS, AND YOU'RE RIGHT, SOMEDAY WE MIGHT ALL BE THERE.

HOPEFULLY, IT'S A LONG WAY OFF FOR ME.

I'M REALLY EXCITED TO SUPPORT THIS PROJECT, SO THANK YOU.

>> COMMISSIONER STINE?

>> YES, I ALSO WANT TO ECHO SOME OF THE THOUGHTS OF MY COLLEAGUE, COMMISSIONER SIBICO.

YES, THIS IS A PROJECT THAT'S VERY MUCH NEEDED.

I WAS PARTICULARLY TAKEN BY THE EXECUTIVE DIRECTOR'S COMMENTS ABOUT THE NEED FOR DEMENTIA CARE, HAVING PEOPLE WHO ARE IN THE EXISTING FACILITY THEN SUFFERING SOME DEMENTIA AND HAVING NO OTHER PLACE TO GO, AND HAVING A FACILITY SO CLOSE AND PART OF THE SAME FACILITY, BUT IT'S JUST, I DON'T KNOW, BLOCK AWAY, IT SEEMED TO ME WAS VERY, VERY CLOSE.

I THINK IS A TREMENDOUS ASSET.

PERSONAL STORY IN MY OWN FAMILY, MY MOTHER, THE END OF HER LIFE WAS IN AN ASSISTED CARE FACILITY RIGHT HERE IN CARLSBAD.

IT WAS A LARGE FACILITY,

[01:00:02]

AND SHE SUFFERED FROM DEMENTIA.

I CAN TELL FROM PERSONAL EXPERIENCE WHAT A BLESSING IT WAS AS SHE BECAME MORE INCAPACITATED OR DEMENTIA GOT WORSE, THAT WE DID NOT HAVE TO MOVE HER TO ANOTHER FACILITY AT ANOTHER PLACE.

IT WAS ALL WITHIN THE SAME FACILITY.

IT WAS A GODSEND.

I UNDERSTAND THAT THAT'S VERY, VERY IMPORTANT, AND TO OFFER THIS.

WHEN YOU INDICATE, MA'AM, MISS DIGGERNS, THAT YOU'RE LOSING PEOPLE BECAUSE SOME OF THEM TRAGICALLY HAVE BEEN THERE FOR A WHILE AND THEN ONSET OF DEMENTIA AND YOU CAN'T PROVIDE FOR THEM, THAT'S TERRIBLE.

HAVING A FACILITY LIKE THIS THAT CAN CARE FOR THEM I THINK IS A MARVELOUS IDEA.

THE ONLY TECHNICAL ISSUE THAT I HAD, AND I THINK YOU ADDRESSED IT, WAS WITH REGARD TO PARKING.

I WANT TO MAKE SURE, BECAUSE HAS ANYBODY TRIED TO GO TO THE BEACH IN THE SUMMER DOWN THERE AND FIND A PARKING PLACE? GOOD LUCK.

I JUST WANTED TO MAKE SURE THAT WE ARE NOT ADDING TO AN EXISTING PROBLEM THAT THIS FACILITY HAS NOTHING TO DO WITH, BUT IT'S STILL THERE, AND I'M COMFORTABLE THAT IT'S FAR AND AWAY EXCEEDING THE MINIMUM PARKING SPACES WHICH ARE 19 WITH 30, AND I WAS PLEASED TO HEAR THAT SOME OF THE RESIDENTS MAY ACTUALLY HAVE CARS.

I WAS PLEASANTLY SURPRISED TO HEAR THAT.

I THINK THIS IS A MARVELOUS PROJECT.

IT'S MUCH NEEDED.

THE TECHNICAL ISSUES WE'RE HERE FOR, CONDITIONAL USE PERMIT, COASTAL DEVELOPMENT PLAN.

THERE'S NO COASTAL DEVELOPMENT ISSUES HERE.

THERE'S ACCESS RIGHT ON THE OCEAN. I WAS DOWN THERE.

YOU CAN WALK TO THE BEACH FROM THERE.

IT'S NOT COMPROMISING ACCESS AT ALL, NOR IS IT COMPROMISING VIEWS.

THE CUP ISSUE, YOU'RE TALKING ABOUT IMPACTS IN THE AREA.

I THINK A WELL DESIGNED PROJECT LIKE THIS IS NOT GOING TO HAVE ANY ADVERSE IMPACTS, AND I THINK IT'S GOING TO HAVE A POSITIVE IMPACT ON THE COMMITTEE.

SO I WHOLEHEARTEDLY SUPPORT THIS PROJECT.

>> COMMISSIONER MEENES?

>> YEAH, I WANT TO APPLAUD ALL THE RESIDENTS AND ALL THE PEOPLE IN THE AUDIENCE THIS EVENING AS WELL COMING OUT, TAKING YOUR TIME.

PROBABLY YOU MISSED YOUR DINNER THIS EVENING BECAUSE YOU'RE HERE.

BUT HOPEFULLY, THE FACILITY WILL HOLD SOME MEALS BACK FOR YOU WHEN YOU RETURN.

I ALSO APPLAUD FRONT PORCH IN IDENTIFYING THIS FACILITY FOR MEMORY CARE.

I KNOW IT'S VERY MUCH NEEDED.

FORTUNATELY, THE PROPERTY IS AVAILABLE.

HOW MANY YEARS HAVE THE PROPERTY BEEN OWNED BY THEM?

>> A LONG TIME.

>> A LONG TIME, OKAY. SO YOU'RE FINALLY BEING ABLE TO DEVELOP IT.

I THINK TOO, HAVING THAT AS AN ADJUNCT TO THE FACILITY ITSELF FOR THE RESIDENTS, I THINK ITS TIME IS COMING NOW, AND I THINK IT'S EXCELLENT.

OTHER THING TOO IN REGARD TO, AND THAT'S AN APPLAUD THE ARCHITECTS, I REALLY DO LIKE THE DESIGN OF THE FACILITY.

I THINK THAT YOU TOOK ADVANTAGE OF THE OPPORTUNITIES TO HAVE IT NOT BE OBTRUSIVE IN ITS DESIGN, HAVING IT BEING A SLOPING TERRAIN, BEING ABLE TO HAVE IT APPEARS TO BE ONE-STOREY ON THE OCEAN SIDE, BUT YET ON THE GARFIELD SIDE, IT LOOKS LIKE TWO, BUT YET IT'S NOT OVERBEARING.

I THINK IT'S CONSISTENT WITH THE OVERALL RESIDENTIAL NEIGHBORHOOD AS WELL AS SOME COMMERCIAL IN THAT IMMEDIATE AREA.

I THINK THE DESIGN IS COMPATIBLE TO THAT PARTICULAR AREA ITSELF.

I'LL ALSO APPROVE AND COMMEND YOU FOR AN IDEAL PROJECT, AND I THINK IT'S MUCH NEEDED IN CARLSBAD. THANK YOU.

>> IT'S REALLY NOT NECESSARY, FOLKS.

ANY OTHER COMMISSIONERS HAVE ANY COMMENTS?

>> YEAH, I'M SORRY. COMMISSIONER LAFFERTY?

>> THE CLAPPING GOT US A LITTLE NERVOUS, YEAH.

THIS IS IMPORTANT WORK.

WE TAKE THIS WORK VERY SERIOUSLY.

THE CUNNINGHAM TEAM IS KNOWN FOR THEIR, THEY HAVE A VERY GOOD REPUTATION IN SAN DIEGO FOR HEALTHCARE, SO THANK YOU FOR CHOOSING SUCH A GREAT DESIGN TEAM FOR THAT.

I'M GOING TO POKE HOLES IN IT BECAUSE I'M CONCERNED.

BUT ONE OF THE THINGS I WOULD RECOMMEND FOR THE DESIGN.

THE CITY OF CARLSBAD HAS RECENTLY DEVELOPED OBJECTIVE DESIGN STANDARDS FOR RESIDENTIAL HOUSING THAT ACTUALLY HAS A MID CENTURY MODERN COMPONENT TO IT.

ASK JASON OR ERIC FOR THAT DESIGN STANDARD BECAUSE IT'S SPECIFICALLY THE VILLAGE & BARRIO MASTER PLAN, BUT MAYBE THERE'S SOME CLUES THAT HELP DEVELOP

[01:05:04]

THE FACADE AS YOU GET INTO THE BUILDING DEPARTMENT AND THINGS LIKE THAT.

THE OBJECTIVE DESIGN FOR THE VILLAGE & BARRIO MASTER PLAN WAS SPECIFICALLY DESIGNED BECAUSE OF ST. MICHAEL'S AND BECAUSE OF OTHER BUILDINGS IN OUR COMMUNITY THAT DO HAVE THAT SURROUNDING COMMUNITY CONTEXT THAT WE'RE TALKING ABOUT.

I ENCOURAGE YOU TO LOOK AT THAT, AND JASON, IF THAT WAS SOMETHING YOU COULD PROVIDE TO THE DESIGN TEAM, THAT WOULD BE HOPEFULLY JUST SOME OPPORTUNITY TO TAKE SOME CUES.

IT'S NOT MANDATORY, BUT AGAIN, THE PLANNING DEPARTMENT AND THE CONSULTANTS WORKED VERY HARD TO TRY AND CAPTURE SOME OF THE INTENT OF OUR COMMUNITY WITH THAT STANDARD.

THE HOUSING ALLOCATION IS AN INTERNAL CONCERN.

I DO FEEL THAT WE ARE COMBINING POTENTIALLY.

NOWADAYS, SINGLE FAMILY LOTS CAN HAVE UP TO FOUR UNITS ON TOP OF THESE THINGS, AND SO, OBVIOUSLY, COMBINING FIVE OR SIX LOTS BECOMES A CONCERN.

SO WE'RE LOOKING TO MAKE SURE THAT WE CAN MEET THESE VERY DIFFICULT TO COME BY REALLOCATION NUMBERS FOR OUR HOUSING ELEMENT THAT'S A STATE MANDATE.

SO THAT'S WHY IT IS REALLY HELPFUL IF YOU COULD TELL US IF THESE ARE BEING COUNTED IN OTHER COMMUNITIES BECAUSE OBVIOUSLY, OUR STATE IS ENCOURAGING THIS, BUT OUR MUNICIPAL CODE DEFINES IT DIFFERENTLY.

>> DO WE RESPOND TO YOU VIA JASON?

>> YEAH. ACTUALLY, IT'S JUST MORE OF A TRYING TO UNDERSTAND HOW WE IMPROVE OUR LOCAL INFORMATION TO BE ABLE TO OBVIOUSLY CONTINUE TO HOUSE OUR SENIORS, WHICH IS WHAT WE'RE TRYING TO DO HERE.

OBVIOUSLY, WE'RE ENCOURAGING ALL OF THESE THINGS, BUT SOME OF THE CONNECTIONS WE NEED TO TRY TO MAKE.

BUT WE SUPPORT THIS PROJECT, AND THANK YOU VERY MUCH FOR GOING THROUGH THIS EFFORT.

>> ANY OTHER COMMENTS? I, TOO, AGREE WITH I THINK THE WAY THE VOTE IS GOING TO RUN, AS YOU CAN IMAGINE.

I THINK IT'S A GREAT PROJECT.

I WAS PLEASED TO SEE THIS REPORT, AND I'M PROUD TO THINK THAT A GREAT CITY LIKE OURS WILL HAVE SUCH A PROJECT.

SEEING NO FURTHER DISCUSSION, MAY I HAVE A MOTION ON THIS ITEM. COMMISSIONER MEENES?

>> YES, I MOVE APPROVAL OF THE PROJECT PER STAFF RECOMMENDATION.

>> DO WE HAVE A SECOND?

>> I SECOND IT.

>> SECOND BY COMMISSIONER MERZ. THANK YOU.

A MOTION HAS BEEN MADE BY COMMISSIONER MEENES AND SECONDED BY COMMISSIONER MERZ ON THE AGENDA ITEM NUMBER 1.

PLEASE VOTE. THE MOTION CARRIES 7-0.

THANK YOU ALL. WE'LL NOW CLOSE PUBLIC HEARING.

I WANT TO THANK THE STAFF AND ALL YOU THAT HAVE TURNED OUT FOR YOUR COMMENTS. THANK YOU VERY MUCH.

>> IF I COULD JUST MAKE A BRIEF ANNOUNCEMENT, WE DO HAVE A LITTLE BIT MORE BUSINESS, SO IF AS YOU'RE LEAVING, IF YOU COULD HOLD ANY CONVERSATIONS TILL THE OUTSIDE.

>> DO YOU WANT TO WAIT TILL THE ROOM CLEARS, OR DO YOU WANT TO SPEAK NOW?

>> WE CAN ALL HEAR EACH OTHER, I THINK.

>> GO AHEAD.

>> DO WE HAVE TO VOTE OR CAN WE ALL JUST DO IT WITHOUT AN OBJECTION TO BRING SOMETHING BACK AT A FUTURE MEETING TO MAKE THOSE ZONING CODE AMENDMENTS THAT COMMISSIONER LAFFERTY AND I WERE ASKING FOR?

>> WHAT I WOULD RECOMMEND IS YOU TAKE AN ACTION FOR US TO EVALUATE THAT AND RETURN WITH OPTIONS RELATED TO THAT.

THERE ARE SOME THINGS WE NEED TO RESEARCH AS WELL AS MAKE SURE WE'RE LOOKING AT THE STATE LAW.

I'D RECOMMEND THAT'D BE DONE IN A FORM OF A MOTION.

>> OKAY.

>> DO WE HAVE ANY REPORTS FROM ANY COMMISSIONERS?

[ADDITIONAL ITEM]

COMMISSIONER LAFFERTY, I ASSUME YOU HAVE ONE.

>> I DON'T, ACTUALLY.

I KNOW HISTORIC PRESERVATION IS COMING UP, BUT MIKE STRONG'S NOT HERE TODAY, SO I CAN'T TELL YOU EXACTLY. I THINK IT'S NEXT MONTH.

>> MAY 13TH.

>> MAY 13TH. THERE IT IS.

[01:10:02]

THANK YOU. [LAUGHTER]

>> ANY COMMENTS FROM ANYONE ELSE? I WANT TO THANK STAFF.

I'M SORRY. [OVERLAPPING]

>> SORRY. I WAS JUST THINKING ABOUT HOW TO WORD MY MOTION.

I WOULD LIKE TO MOVE THAT STAFF BRING BACK AT A FUTURE MEETING, ZONING CODE AMENDMENTS TO ALLOW THE CITY OF CARLSBAD TO COUNT DWELLING UNITS LIKE THE ONES WE JUST APPROVED TOWARDS OUR REGIONAL HOUSING NEEDS ALLOCATION.

>> COMMISSIONER MEENES.

>> IF YOU DON'T MIND, I THINK WE SHOULD AMEND THAT A LITTLE BIT IN THAT YOU'RE SUGGESTING THAT IT BE AMENDED.

I THINK WE SHOULD ASK THAT STAFF RESEARCH THE ISSUE AND THE SUBJECT MATTER BASED UPON WHAT THE COMMISSIONERS HAVE MADE COMMENTS ABOUT THIS EVENING AND THEN COME BACK TO US WITH A RECOMMENDATION ON THE APPROACH THAT WE SHOULD TAKE. YEAH.

>> I'M AMENDABLE TO THAT.

>> THANK YOU. COMMISSIONER HUBINGER.

>> A RECOMMENDATION OR JUST A STATEMENT OF FACT?

>> WELL, NOT KNOWING EXACTLY WHAT IT IS UNTIL WE DO THE RESEARCH, WHAT I WOULD SAY IS A RECOMMENDATION AND OR OPTIONS.

>> FAIR ENOUGH. JUST TRYING TO HELP YOU.

[LAUGHTER]

>> ERIC, DO YOU WANT TO REPEAT WHAT THAT MOTION SHOULD LOOK LIKE? [LAUGHTER]

>> WE HAVE A RECORD.

>> COMMISSIONER LAFFERTY.

>> THE TWO CONCERNS THAT I HAVE ARE, AGAIN, IT'S REALLY THE EXCLUSIONARY HOUSING REQUIREMENTS, WHICH IS IN OUR ZONING SECTION 21(A)(5)0(O)3, AND HOW WE DEFINE THE COMMERCIAL LIVING UNIT 21-04-093, AND HOW WE DEFINE PROFESSIONAL CARE FACILITY, WHICH IS 21-04-295.

WHAT THE ULTIMATE GOAL OF THE CONVERSATION WANTS TO BE IS, DOES BREAKING IT DOWN THIS MUCH STILL COMPLY WITH HOW RESIDENTIAL UNITS ARE DEFINED IN THE HOUSING ELEMENT?

>> THE ULTIMATE GOAL IS TO FOLLOW THE LAW. THAT'S THE GOAL.

>> THAT'S THE GOAL.

>> I DON'T KNOW. ALL WE'RE TALKING ABOUT IS THERE'S A LAW AND INTERPRETING IT CAN DO THAT.

>> AGREE. ANYTHING ELSE? I WANT TO THANK STAFF.

I GOT MY BRIEFING PAPERS A FULL WEEK AHEAD OF TIME.

CONGRATULATIONS, AND THANK YOU.

>> WE HAD CONTINUED TO TRY TO DO THAT FOR ONE WEEK.

BUT JUST A POINT OF ORDER, I DO BELIEVE WE HAVE A MOTION, AND WE NEED TO TAKE ACTION ON THAT MOTION.

I DON'T KNOW WHO THE SECOND WAS.

IF WE COULD CLARIFY THAT FOR THE RECORD AS WELL.

>> DO WE HAVE A SECOND FOR THE ELONGATED MOTION? THANK YOU. COMMISSIONER LAFFERTY.

>> COULD SOMEONE RESTATE THE MOTION? [LAUGHTER]

>> COMMISSIONER SPEC, DO YOU WANT TO TAKE A TRY?

>> SURE.

>> HOUSING.

>> YOU GUYS HAVE SOMETHING? THANK YOU.

>> STAFF WILL RESEARCH ZONING CODE AMENDMENTS THAT WOULD ALLOW THE CITY TO COUNT PROJECTS LIKE THIS ONE TOWARDS OUR ARENA NUMBERS.

>> AGAIN.

>> IT'S ALL MOVED.

>> THE MOTION MOVED AND COMMISSIONER LAFFERTY HAS SECONDED. LET'S VOTE.

THE MOTION PASSES 7-0.

LET'S CONTINUE WRAPPING THIS UP.

[PLANNER REPORT]

NO OTHER COMMISSIONER REPORTS? ANY REPORT FROM THE CITY PLANNER?

>> YES, JUST A BRIEF REPORT.

LAST NIGHT, THE CITY COUNCIL TOOK ACTION ON THE POINSETTIA WIRELESS TOWER.

[01:15:01]

THERE WAS TWO ACTIONS THE COUNCIL TOOK.

THE FIRST ACTION WAS TO NOT DIRECT THE CITY MANAGER TO NEGOTIATE A LICENSE AND LEASE AGREEMENT FOR THE PERMIT, BUT THE COMMISSION OR THE CITY COUNCIL ALSO TOOK ACTION TO DENY THE APPEAL BECAUSE THEY COULD NOT FIND THAT THE PLANNING COMMISSION'S ACTIONS WERE DONE IN ERROR.

WE WILL WORK WITH THE APPLICANT, BUT WITHOUT THE LICENSE AGREEMENT, THAT APPLICATION CANNOT MOVE FORWARD AND BE CONSTRUCTED.

JUST BRIEFLY AS WELL ON THE UPCOMING HEARINGS.

WE DO HAVE FOUR MEETINGS PLANNED WITH AGENDA ITEMS RIGHT NOW, AND SO WE ARE LOOKING AT THAT.

WE WILL, HOWEVER, BE LOOKING TO CANCEL AT LEAST THE FIRST MEETING IN JULY BECAUSE IT CONFLICTS WITH THE HOLIDAY.

>> THANK YOU. IS THERE A REPORT FROM THE CITY ATTORNEY?

>> NONE FOR ME. THANK YOU.

>> GREAT. THEN THE MEETING STANDS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.