Jul 17, 2024 Planning Commission Meeting

[CALL TO ORDER]

[00:00:04]

GOOD EVENING, AND WELCOME TO THE JULY 17TH MEETING OF THE CITY OF CARLSBAD PLANNING COMMISSION WITH THE MINUTES. CLERK, PLEASE TAKE THE ROLL.

CALL] ALL COMMISSIONERS ARE PRESENT. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE LED THIS EVENING BY COMMISSIONER DANA, OUR NEW MEMBER.

THE

[APPROVAL OF MINUTES]

ARE THERE ANY ADDITIONS OR CORRECTIONS OF THE MINUTES OF THE JUNE 19TH PLANNING COMMISSION MEETING? GOOD. GOOD. SEEING NONE, I WILL ENTERTAIN A MOTION FOR APPROVAL.

I'LL MAKE A MOTION TO APPROVE.

MINUTES. THANK YOU.

AND WE HAVE A SECOND.

ALL RIGHT. A MOTION TO APPROVE THE MINUTES HAS BEEN MADE BY COMMISSIONER MEENES AND SECONDED BY COMMISSIONER LAFFERTY.

ANY DISCUSSION? PLEASE VOTE.

THE. THE MOTION CARRIES BY A VOTE OF SIX ZERO, WITH COMMISSIONER D'ANNA ABSTAINING AS HE WAS NOT PRESENT AT THAT MEETING.

THANK YOU. THE FOLLOWING PLANNING COMMISSION MEETING PROCEDURES ARE IN EFFECT.

[PUBLIC COMMENT]

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

ALL SPEAKERS WILL BE GIVEN THREE 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 TEN MINUTES, UNLESS THAT TIME IS CHANGED BY THE CHAIRPERSON.

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

THE BROWN ACT ALLOWS ANY MEMBERS 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 THE 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. AS I STATED AT THE LAST MEETING, WE ASK THAT YOU REFRAIN FROM CLAPPING DURING THE BUSINESS SECTION OF THE MEETING, STARTING WITH NON-AGENDA PUBLIC ITEMS. THIS WILL HELP MAKE SURE THE PEOPLE'S BUSINESS CAN BE CONDUCTED EFFICIENTLY, AND THIS CHAMBER IS A PLACE WHERE ALL POINTS OF VIEW ARE WELCOME AND RESPECTED.

AS THOSE OF YOU MAY REMEMBER WHO ATTENDED AT THE LAST MEETING, THERE WERE PROBLEMS WITH SOME MEMBERS OF THE AUDIENCE ACTING LIKE THEY WERE SOME SORT OF TAILGATE FOR A PADRES GAME OR SOMETHING.

THAT'S JUST NOT APPROPRIATE.

WE'RE ALL HERE AS A PUBLIC HEARING.

WE ALL WANT YOU TO HEAR YOUR COMMENTS, BUT PLEASE USE THE PODIUM.

TURN THE SPEAKER SLIP.

THIS CITY IS COMMITTED TO MAINTAINING SAFE AND ORDERLY MEETINGS, FREE FROM INTIMIDATION, HARASSMENT, AND DISRUPTION.

PUBLIC PARTICIPATION IS ENCOURAGED, PROVIDED THAT PARTICIPANTS ABIDE BY THE RULES OF CONDUCT AND PROCEDURE ESTABLISHED BY THIS CHAPTER.

[00:05:07]

MINUTES. CLERK. DO WE HAVE ANY SPEAKER SLIPS ON NON-AGENDA ITEMS? YES, WE HAVE ONE.

LISA MCKEITHEN, PLEASE COME TO THE PODIUM.

MY NAME IS LISA MCKEITHEN.

I'VE LIVED IN CARLSBAD MY WHOLE LIFE.

I LIVE ON FOREST IN DISTRICT ONE.

I JUST HAD SOME REALLY HARD NEWS.

A VERY DEAR FRIEND AND LEADER OF THE DEMOCRATIC PARTY HAS PASSED AWAY, AND I DON'T FEEL LIKE TELLING YOU MY SPICY STATEMENT BECAUSE I WANT TO HONOR HER PRESENCE IN MY LIFE.

SHE HELPED US ON MR. A AND IT WAS JUST A PLEASURE TO KNOW HER.

BECCA. BECCA TAYLOR.

SHE'S A GLORIOUS DISASTER LIKE ALL OF US ON MEASURE A, AND I JUST WANT TO SAY THE PIECE ON RESPECT.

WE'RE HERE TO GIVE VOICE TO THE PEOPLE THAT DON'T HAVE THE PRIVILEGE THAT WE HAVE.

AND SO WHEN YOU HEAR US GRUMBLING OR UNHAPPY, IT'S BECAUSE THERE'S A FEELING OF A POWER PLAY AND WE FEEL LIKE WE DON'T HAVE THE POWER OR THE JUICE.

AND SO I'M TRYING TO EXPLAIN THAT IN A WAY THAT YOU'LL UNDERSTAND.

IN DISTRICT ONE, WE'VE HAD A LOT OF DEVELOPMENT AND WE'VE HAD A LOT OF INFILL.

AND WHAT WE'RE CONCERNED ABOUT IS THE INFRASTRUCTURE.

AND WHAT I'M ASKING ABOUT IN MY STATEMENT ABOUT GIVING VOICE TO THOSE THAT DON'T HAVE THE PRIVILEGE OR THE KNOWLEDGE OR THE ABILITY TO BE HERE, IS, ARE WE MAKING A SAFE COMMUNITY AND NEIGHBORHOOD FOR PEOPLE THAT ARE RENTERS, THAT DON'T OWN CARS, THAT ARE UNLIKE US? I CAN DRIVE TO TRADER JOE'S, BUT THERE ARE PEOPLE THAT GO TO SMART AND FINAL EVERY OTHER DAY FOR WHAT THEY NEED.

SO, I'M ASKING YOU ALL TO STEP OUTSIDE OF YOUR SHOES AND THINK ABOUT PEOPLE THAT USE THOSE SERVICES EVERY DAY.

I WANT TO KNOW HOW MANY AFFORDABLE LUXURY.

I WANT TO KNOW HOW MANY AFFORDABLE UNITS THAT WE HAVE IN DISTRICT ONE.

I WANT TO KNOW HOW MANY LUXURY CONDOS AND APARTMENTS HAVE BEEN BUILT IN THE LAST TEN YEARS.

SOME OF THESE ARE SECOND HOMES.

WE NEED WORKFORCE HOUSING IN DISTRICT ONE.

WE NEED HOUSING FOR TEACHERS, FIREFIGHTERS.

THIS STAFF CAN BARELY LIVE IN IN DISTRICT ONE.

SO THOSE ARE MY STATEMENTS.

I DON'T WANT TO, YOU KNOW, I'M GOING TO LEAVE OFF ALL THE, YOU KNOW, POINTING FINGERS AND THIS AND THAT.

AND I WANT YOU TO JUST FEEL MY HEART.

WE'RE HERE TO DO GOOD BUSINESS FOR OUR CITY AND FOR DISTRICT ONE.

AND IT'S EMOTIONAL FOR US.

AND THAT'S WHY I THINK YOU HEAR THE GRUMBLES AND THE TALKING BACK.

IT FEELS LIKE PUSHING BACK AGAINST POWER.

SO THAT'S WHAT I'M HERE TO SAY AND I APPRECIATE THE TIME.

THANK YOU, THANK YOU, THANK YOU.

ARE THERE ANY OTHER SPEAKERS ON NON-AGENDA? PUBLIC ITEMS? NO, CHAIR.

THERE'S NOT. ALL RIGHT.

I LET ME ADD ONE THING.

WE'RE GOING TO HAVE SPEAKERS SHORTLY TO HELP SPEAKERS IN THE FUTURE, KEEP WITHIN THE ALLOTTED TIME, OUR MINUTES CLERK WILL START A TIMER, WHICH YOU JUST SAW.

THE GREEN LIGHT MEANS SPEAK.

THE YELLOW MEANS YOU HAVE ONE MINUTE REMAINING, AND THE RED MEANS YOUR TIME IS EXPIRED.

IF YOU'RE HERE TO SPEAK ON ITEMS LISTED ON THE AGENDA, PLEASE WAIT FOR THAT ITEM TO BE OPENED TO COMMENTS.

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

THE PUBLIC HEARING WILL BE OPENED.

STAFF WILL THEN 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 HAVE TEN MINUTES FOR THEIR PRESENTATION.

THE PUBLIC TESTIMONY PERIOD WILL THEN BE OPENED.

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

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

[00:10:01]

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

[1. SDP 2023-0014 (DEV2023-0078) - CARLSBAD VILLAGE MIXED USE]

FIRST, HAVE ANY COMMISSIONERS HAD ANY EX PARTE CONVERSATIONS ON ITEM NUMBER ONE? LET'S BEGIN. COMMISSIONER HUBINGER WITH YOU.

NOT REALLY.

AND I OBVIOUSLY I KNOW WHERE THE LOCATION IS AND BEEN TO MANY OF THE STORES MANY TIMES, SO.

I HAVE WATCHED THE TWO PREVIOUS HEARINGS ON THIS ITEM THROUGH THE CITY'S WEBSITE.

I HAVE ALSO OCCASIONALLY BEEN A PATRON OF THE OF THE BUSINESSES ON THE PROPERTY.

ADDITIONALLY, IN MY CAPACITY AS A CITY OF ENCINITAS EMPLOYEE, I'M THE PROJECT MANAGER FOR A PROJECT WHOSE APPLICANT? MR. FRANKEL, IS THE PROJECTS REPRESENTATIVE FOR THIS PROJECT.

THANK YOU, COMMISSIONER MERZ.

NOT SINCE THE LAST TIME WE TOURED IT.

SO COMMISSIONER MEENES, I VISITED THE SITE MANY TIMES.

NO NEW INFORMATION OTHER THAN IT'S A SHOPPING PLAZA I FREQUENT.

I HAVE VISITED WALKED THE SITE SEVERAL TIMES, BUT NOTHING NEW SINCE THIS MATTER WAS ON OUR JUNE AGENDA.

I HAVE FREQUENTED THIS SITE FOR YEARS.

I THINK I PATRONIZED EVERY BUSINESS IN THERE, WITH MAYBE THE EXCEPTION OF THE GOLDEN TEE.

MY WIFE TOLD ME TO SAY THAT.

I'VE ALSO SPOKEN TELEPHONICALLY WITH MARTIN DANNER, CHRIS WRIGHT, AND STEVE LINKE.

BOTH BEFORE AND SINCE OUR JUNE 19TH MEETING.

MR. LARDY, WILL YOU PLEASE INTRODUCE THIS ITEM AND EXPLAIN WHY YOU'RE MASKED? YES. THANK YOU.

CHAIR. THEY'RE MADE AN ANNOUNCEMENT EARLIER, BUT THERE ARE SEVERAL STAFF WEARING MASKS.

IT'S AN OVERABUNDANCE OF CAUTION AND A REQUIREMENT RIGHT NOW FOR THOSE STAFF.

WE DO HAVE MASKS IN THE BACK IF ANYONE WOULD FEEL MORE COMFORTABLE WEARING ONE.

THAT SAID, I'LL GO AHEAD AND INTRODUCE THE ITEM THE CARLSBAD VILLAGE DRIVE MIXED USE PROJECT HERE TO GIVE OUR STAFF PRESENTATION IS CLIFF JONES, PRINCIPAL PLANNER, JASON GOFF, SENIOR PLANNER, AND JASON GELDART, ENGINEERING MANAGER.

THANK YOU, MR. LARDY.

SO, TONIGHT'S PRESENTATION I WANT TO GIVE A LITTLE BACKGROUND AS TO TWO COMPONENTS.

ONE IS I WANT TO PROVIDE A BACKGROUND OF THE STATE AND CARLSBAD LAWS APPLICABLE TO HOUSING PROJECTS.

FOLLOWED UP BY THAT BACKGROUND, I'LL HAND THE PRESENTATION OVER TO MR. GOFF, WHO WILL PROVIDE AN OVERVIEW OF THE PROJECT AND LET ME KNOW IF YOU HAVE TROUBLE HEARING ME THROUGH THE MASK.

NEXT SLIDE. NOW, THERE'S A NUMBER OF STATE LAWS THAT HAVE BEEN ADOPTED OVER THE LAST FEW YEARS IN WHICH THE STATE APPROVED TO ENCOURAGE THE DEVELOPMENT OF HOUSING.

MANY OF THESE LAWS LIMIT CITIES DISCRETION IN THE REVIEW AND APPROVAL OF HOUSING PROJECTS.

I WILL HIGHLIGHT SOME OF THEM TO SHARE THE SITUATION THAT THE CITY IS IN WHEN PROCESSING HOUSING PROJECTS.

THE FIRST IS A SET OF RULE CHANGES THAT STARTED IN JANUARY OF 2018, AMENDING THE HOUSING ACCOUNTABILITY ACT RELATING TO HOUSING DEVELOPMENT PROJECTS.

THIS SECTION OF CODE, AS YOU CAN READ ON THE SLIDE ABOVE, STATES THAT CITIES SHALL NOT DISAPPROVE A HOUSING DEVELOPMENT PROJECT OR IMPOSE A CONDITION REQUIRING LOWER DENSITY UNLESS THE CITY FINDS A PREPONDERANCE OF EVIDENCE THAT THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY, AND THERE'S NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID SUCH ADVERSE IMPACT.

AGAIN, A SPECIFIC ADVERSE IMPACT.

SO, IT'S A HIGH THRESHOLD TO MEET.

THE HOUSING ACCOUNTABILITY ACT ALSO ESTABLISHES THAT ONLY OBJECTIVE DESIGN STANDARDS CAN BE APPLIED TO ELIGIBLE HOUSING DEVELOPMENTS.

DEVELOPMENT STANDARDS THAT ARE SUBJECT TO INTERPRETATION AND SUBJECTIVE IN NATURE CANNOT BE APPLIED TO A PROJECT.

THE OBJECTIVE STANDARDS THAT APPLY TO THIS PROJECT ARE PROVIDED IN THE CARLSBAD MUNICIPAL CODE, AS WELL AS THE VILLAGE AND BARRIO MASTER PLAN.

I ALSO WANT TO MENTION THAT THIS BILL WAS THE IMPETUS FOR INCLUSION IN OUR HOUSING ELEMENT, THE TWO SETS OF OBJECTIVE DESIGN STANDARDS, ONE FOR THE VILLAGE AND BARRIO AND ONE CITYWIDE.

HOWEVER, THIS PROJECT DOES PREDATE THOSE STANDARDS, SO IT'S RULED BY THE OBJECTIVE STANDARDS IN THE MASTER PLAN AT THE TIME OF APPLICATION SUBMITTAL, WHICH INCLUDE

[00:15:07]

NOW, THE STATE HOUSING CRISIS ACT, ALSO KNOWN AS SB 330, IS A LAW THAT WENT INTO EFFECT IN 2020 TO SPEED UP HOUSING PRODUCTION.

IT ESTABLISHES A PRE-APPLICATION PROCESS AND LIMITS THE NUMBER OF PUBLIC HEARINGS TO FIVE FOR A PROJECT.

THIS LAW BUILDS UPON THE AMENDMENTS TO THE HOUSING ACCOUNTABILITY ACT.

THIS LAW ADDS REQUIREMENTS THAT A CITY CANNOT REDUCE RESIDENTIAL DENSITY OR ADD DEVELOPMENT RESTRICTIONS WITHOUT CONCURRENTLY INCREASING DENSITY SOMEWHERE ELSE. THIS IS ALSO THE BILL THAT RESULTED IN THE CITY ELIMINATE THE DWELLING UNIT GROWTH CAP, MAKING THE GROWTH MANAGEMENT PLAN MORATORIUM PROVISIONS UNENFORCEABLE. NOW, THE NEXT STATE LAW IS STATE DENSITY BONUS LAW.

STATE DENSITY BONUS LAW ALLOWS A DEVELOPER TO INCREASE DENSITY, THAT IS, THE TOTAL NUMBER OF HOMES ALLOWED PER THE GENERAL PLAN.

IT ALSO ALLOWS REDUCTION IN DEVELOPMENT STANDARDS SUCH AS INCREASING HEIGHT LIMITS, REDUCING SETBACKS, ETC.

WHEN THOSE STANDARDS PREVENT ACHIEVING THE DENSITY ALLOWED PER STATE LAW.

STATE DENSITY BONUS LAW SPECIFIES A CERTAIN NUMBER OF THE NEW DWELLING UNITS MUST BE RESERVED AS AFFORDABLE HOUSING.

THIS STATE LAW.

IT'S NOT OPTIONAL.

THE CITY IS PROHIBITED FROM PREVENTING THE DENSITY INCREASE AND OR REDUCTIONS IN DEVELOPMENT STANDARDS, UNLESS THERE IS A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY. THIS LAW, COMBINED WITH THE STATE HOUSING CRISIS ACT, SUBSTANTIALLY CHANGED THE AUTHORITY OF A LOCAL GOVERNMENT TO DENY A HOUSING PROJECT. WHAT WE HAVE OBSERVED IS THAT CITIES THAT TRY TO CHALLENGE THESE LAWS RESULT IN LETTERS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND OR THE CALIFORNIA ATTORNEY GENERAL.

NEXT SLIDE. NOW, THE STATE CALIFORNIA ENVIRONMENTAL ENVIRONMENTAL QUALITY ACT ALSO APPLIES TO HOUSING PROJECTS AND PROVIDES THAT CERTAIN TYPES OF DEVELOPMENT ARE EXEMPT FROM DETAILED ENVIRONMENTAL REVIEW, SUCH AS THE PREPARATION OF A DETAILED ENVIRONMENTAL IMPACT REPORT OR A NEGATIVE DECLARATION. THE DEVELOPMENT TYPES THAT ARE EXEMPT FROM DETAILED ENVIRONMENTAL REVIEW INCLUDE PROJECTS THAT ARE FIVE ACRES OR LESS IN URBANIZED AREAS. NOW, THE CARLSBAD ORDINANCE REQUIRES THAT THE CITY PLANNER MAKE A DETERMINATION WHETHER A PROJECT IS EXEMPT OR NOT.

THAT DETERMINATION OF EXEMPTION IS FINAL UNLESS APPEALED.

IN THE CASE OF THE PROJECT BEFORE US TONIGHT, THE CARLSBAD VILLAGE MIXED USE PROJECT.

NO APPEAL WAS FILED AND THE DETERMINATION OF EXEMPTION IS FINAL.

SO THAT MEANS THAT THE DETERMINATION OF EXEMPTION IS NOT SUBJECT TO CONSIDERATION BY THE PLANNING COMMISSION OR THE CITY COUNCIL, AND THERE IS NO AUTHORITY GRANTED TO THE PLANNING COMMISSION TO REMAND A CEQA DECISION BACK TO STAFF, UNLESS THERE IS AN APPEAL THAT WAS MADE AND NO APPEAL WAS MADE.

AB 1633 IS ANOTHER HOUSING RELATED LAW FOCUSED ON LIMITING EXCESSIVE CEQA REVIEW FOR RESIDENTIAL DEVELOPMENT.

THE BILL WAS ADOPTED IN 2023 AND TO ACCOMPLISH THIS GOAL FOCUSES ON CREATING NEW VIOLATIONS OF THE HOUSING ACCOUNTABILITY ACT TO FORCE LOCAL JURISDICTIONS TO BETTER STREAMLINE HOUSING PROJECTS.

SPECIFICALLY, IT IS NOW A VIOLATION OF THE HOUSING ACCOUNTABILITY ACT FOR A LOCAL AGENCY TO DENY A CEQA EXEMPTION, OR THE AB 1633 QUALIFYING PROJECT IS OTHERWISE SUBJECT TO SUCH AN EXEMPTION.

PER AB 1633, A PROJECT IS EXEMPT IF THE PROJECT DOES NOT HAVE ENVIRONMENTAL CONSTRAINTS, IS WITHIN AN URBANIZED AREA, AND IS WITHIN A HALF MILE OF TRANSIT.

IF A PROJECT QUALIFIES UNDER AB 1633, IT IS A VIOLATION OF THE HOUSING ACCOUNTABILITY ACT FOR A LOCAL AGENCY TO DENY APPROVAL OF THE CEQA DOCUMENT IF SUBSTANTIAL EVIDENCE EXISTS SUPPORTING SUCH CERTIFICATION.

ADDITIONALLY, IT'S IMPORTANT TO NOTE THAT THE CITY'S GENERAL PLAN AND VILLAGE AND BARRIO MASTER PLAN HAVE ALLOWED SIGNIFICANT DENSITY IN THE VILLAGE FOR A LONG TIME.

THIS DATES BACK TO 1995, WHEN THE STANDARDS WERE CHANGED.

PREVIOUSLY THE 30 THERE WAS A 35-HEIGHT LIMIT IN THE CORE AREAS OF THE VILLAGE.

NOW THERE'S A 45-HEIGHT LIMIT, AND THE MAXIMUM DENSITY WAS INCREASED FROM 23 DWELLING UNITS PER ACRE TO 35 DWELLING UNITS PER ACRE.

AND IT'S IMPORTANT TO NOTE THAT PER STATE DENSITY BONUS LAW, THAT HEIGHT CAN BE INCREASED FURTHER AND THAT DENSITY CAN BE INCREASED FURTHER.

[00:20:05]

THE LAST PIECE OF INFORMATION I WANTED TO GO OVER WAS POLICY 84, THAT CITY COUNCIL POLICY 84 THAT RELATES TO EARLY PUBLIC NOTICING AND ENHANCED STAKEHOLDER OUTREACH.

THERE'S TWO PARTS TO IT.

PART A IS WHAT'S CALLED THE EARLY PUBLIC NOTICE.

THAT'S WHERE A MAILED NOTICE IS SENT TO OWNERS OF PROPERTY WITHIN 600FT OF A PROJECT SITE.

NOW, IF THE PROJECT SITE IS IN THE COASTAL ZONE, OCCUPANTS WITHIN 100FT OF THE PROJECT SITE ARE ALSO GIVEN NOTICE.

THERE'S ALSO A NOTICE SIGN THAT'S POSTED ON THE PROJECT SITE.

YOU'VE PROBABLY SEEN THOSE IN THE COMMUNITY THAT ARE YELLOW SIGNS.

THE NEXT PART OF POLICY 84 IS PART B.

THAT'S THE ENHANCED STAKEHOLDER OUTREACH.

SO, FOR LARGER DEVELOPMENT PROJECTS SUCH AS THIS RESIDENTIAL PROJECT BEFORE US TONIGHT, THE PARTIES THAT I MENTIONED EARLIER THAT RECEIVED NOTICE, AS WELL AS ANY OTHER INTERESTED PARTIES, THAT IS, THOSE WHO ASKED TO BE CONTACTED ARE INVITED TO PROVIDE INPUT.

AND ONE OF THREE METHODS.

ONE COULD BE A PUBLIC MEETING, EITHER HELD AT THE PROJECT SITE OR IN A DIFFERENT LOCATION.

THIS IS A MEETING HELD BY THE DEVELOPER TO RECEIVE INPUT ON A PROJECT.

A PROJECT WEBSITE CAN BE CREATED BY THE DEVELOPER TO RECEIVE PUBLIC INPUT, OR MAILED INFORMATION COULD BE SENT WITH A MAIL BACK COMMENT FORM TO RECEIVE PUBLIC COMMENT ON A PROJECT.

ONCE THE ENHANCED STAKEHOLDER OUTREACH CONCLUDES, A REPORT IS PROVIDED BY THE DEVELOPER.

IT DETAILS HOW THE OUTREACH WAS CONDUCTED, WHO WAS INVITED, THE SUMMARY OF ISSUES DISCUSSED, AND DEVELOPMENT COMMITMENTS MADE, OR FOLLOW UP ACTIONS TAKEN, IF ANY. I KNOW THAT'S A LOT OF INFORMATION THAT THE ON THE CITY'S COMMUNITY DEVELOPMENT DEPARTMENT WEBSITE, WE HAVE INFORMATION BULLETINS THAT SUMMARIZE THESE COMPLEX STATE HOUSING LAWS.

OUR VILLAGE AND BARRIO MASTER PLAN IS POSTED ON THE CITY WEBSITE, AND I ENCOURAGE THE PUBLIC TO CONTACT THE PLANNING DIVISION IF THEY HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE COMPLEX LAWS.

WITH THAT, I'M NOW GOING TO HAND THE PRESENTATION OVER TO MISTER GOFF TO GO OVER THE DETAILS OF THE PROJECT.

THANK YOU. THANK YOU.

CHAIRMAN, MEMBERS OF THE PLANNING COMMISSION.

GOOD EVENING, MR. JONES. THANK YOU FOR THE INTRODUCTION AND GENERAL OVERVIEW OF THE LEGISLATION THAT IS TO GUIDE TONIGHT'S DISCUSSION.

THE PROJECT THAT IS BEFORE THE PLANNING COMMISSION IS A MIXED-USE DEVELOPMENT BEING PROPOSED BY TOOLEY INTEREST, LLC.

THE PROJECT SITE CONSISTS OF FOUR LEGAL PARCELS TOTALING 4.12 ACRES, LOCATED AT 945 THROUGH 1065 CARLSBAD VILLAGE DRIVE IN THE FREEWAY COMMERCIAL DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN.

THE SUBJECT PROPERTY IS CURRENTLY DEVELOPED WITH AN EXISTING RETAIL SHOPPING CENTER CONSISTING OF FIVE BUILDINGS AND TOTALING APPROXIMATELY 58,735FT². THE PROJECT SITE IS BOUNDED BY CARLSBAD VILLAGE DRIVE TO THE NORTH, OAK AVENUE TO THE SOUTH, THE INTERSTATE FIVE FREEWAY TO THE EAST, AND THE HOPE AVENUE ALLEY TO THE WEST.

PLEASE NOTE THAT THE 7-ELEVEN CONVENIENCE STORE AND GAS STATION THAT IS LOCATED IN THE NORTHEAST CORNER AND ADJACENT TO THE SITE, ARE UNDER SEPARATE OWNERSHIP AND ARE NOT PART OF THE PROPOSED PROJECT BEING DISCUSSED TONIGHT.

THE PROJECT IS PROPOSING TO REDEVELOP THE EXISTING SHOPPING CENTER WITH A NEW MIXED-USE DEVELOPMENT CONSISTING OF 218 MULTIFAMILY RESIDENTIAL APARTMENTS, 13,800FT² OF NEIGHBORHOOD SERVING COMMERCIAL RETAIL, AND 340 PARKING STALLS.

OF THE PROPOSED RESIDENTIAL, 27 UNITS ARE DEED RESTRICTED FOR 55 YEARS TO VERY LOW-INCOME HOUSEHOLDS, EARNING UP TO 50% OF THE AREA MEDIAN INCOME.

OF THE 340 TOTAL PARKING SPACES BEING PROPOSED, 289 OF THOSE SPACES WILL BE LOCATED INSIDE AND ABOVE GRADE FIVE LEVEL PARKING STRUCTURE AND TO ACCOMMODATE THE PROPOSED DEVELOPMENT, ALL EXISTING STRUCTURES ARE TO BE DEMOLISHED AND THE FOUR EXISTING PARCELS WILL BE CONSOLIDATED INTO TWO PARCELS.

THE CITY'S GENERAL PLAN LAND USE DESIGNATION AND ZONING FOR THE SITE CONSISTS OF VILLAGE, BARRIO, THE VILLAGE AND BARRIO MASTER PLAN ZONING DISTRICT GOVERN THIS SITE. ARE GOVERNING THIS SITE AND IT'S IN THE FREEWAY COMMERCIAL DISTRICT.

MIXED USE, CONSISTING OF MULTIFAMILY RESIDENTIAL AND A RANGE OF COMMERCIAL USES ARE PERMITTED BY RIGHT IN THE FREEWAY COMMERCIAL

[00:25:03]

CIRCLED ARE TWO PROPOSED STANDALONE NEIGHBORHOOD SERVING COMMERCIAL BUILDINGS FRONTING CARLSBAD VILLAGE DRIVE.

ONE BUILDING IS 8000FT² AND THE OTHER IS 5800FT².

EACH RETAIL SPACE INCLUDES OPPORTUNITIES FOR OUTDOOR SEATING.

THESE TWO RENDERINGS DEPICT THE PROPOSED ONE-STORY COMMERCIAL BUILDING IN THE FOREGROUND, AS VIEWED FROM THE PERSPECTIVE OF CARLSBAD VILLAGE DRIVE.

AS STANDING ACROSS THE STREET ON THE SIDEWALK, THE TALLEST PORTIONS OF THESE BUILDINGS ARE 24FT TALL.

LOCATED BEHIND THE TWO COMMERCIAL BUILDINGS AND FRONTING PRIMARILY OAK AVENUE, IS THE RESIDENTIAL COMPONENT OF THIS MIXED-USE PROJECT.

218 MULTIFAMILY OR MULTIPLE FAMILY RESIDENTIAL APARTMENT UNITS ARE BEING PROPOSED WITHIN TWO STAND ALONE, FIVE STORY BUILDINGS, WITH A BRIDGE CONNECTING AT THE FOURTH-FLOOR LEVEL.

THE FREEWAY COMMERCIAL DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN ALLOWS FOR 35 DWELLING UNITS PER ACRE, FOR WHICH FOR THE SIZE OF THIS PROPERTY WOULD ALLOW FOR 145 RESIDENTIAL UNITS MAXIMUM.

HOWEVER, THE DEVELOPER IS SEEKING A 50% DENSITY BONUS UNDER STATE LAW, ALLOWING FOR 218 RESIDENTIAL UNITS AT 53 DWELLING UNITS TO THE ACRE. IN EXCHANGE, THE DEVELOPER IS CONDITIONING IS CONDITIONED TO ENTER INTO AN AFFORDABLE HOUSING AGREEMENT TO DEED RESTRICT 27 OF THOSE 218 UNITS TO VERY LOW INCOME HOUSEHOLDS, EARNING UP TO 50% OF THE MEDIAN AREA INCOME.

THE PROPOSED SITE PLAN, SHOWN HERE ON THE SLIDE, INCLUDES THREE COURTYARDS WITH MANY AMENITIES FOR ITS RESIDENTS, AS WELL AS A SKYDECK ON THE FIFTH FLOOR.

IT SHOULD BE NOTED THAT THE ROOFS OF THESE TWO BUILDINGS DO NOT INCLUDE ROOF DECKS.

THIS NEXT SLIDE DEPICTS THE GENERAL BREAKDOWN OF THE APARTMENT UNIT TYPES OF THE 218 UNITS BEING PROPOSED.

THERE WILL BE 15 STUDIOS, 87 ONE-BEDROOM UNITS, 92-BEDROOM UNITS, AND 26 THREE-BEDROOM UNITS.

THIS RENDERING SHOWS THE INTERIOR PORTIONS OF THE TWO RESIDENTIAL BUILDINGS LOOKING SOUTH FROM THE PERSPECTIVE OF THE COMMERCIAL.

THE ROOFTOPS OF THESE TWO BUILDINGS EXTEND AS HIGH AS 56FT, WITH 4.5FT PROTECTIVE PARAPETS EXTENDING AS HIGH AS 60.5FT AT THEIR HIGHEST POINTS. STAIR AND ELEVATOR TOWERS THAT ARE NECESSARY TO SERVICE THE ROOFTOP WILL PROJECT HIGHER.

PROPOSED STAIR TOWERS WILL HAVE A HEIGHT OF 66FT AT THEIR HIGHEST POINT, AND PROPOSED ELEVATOR TOWERS WILL HAVE A HEIGHT OF 67.8FT AT THE HIGHEST POINT. THE PROJECT ALSO PROPOSES AN ABOVE GRADE PARKING STRUCTURE WITH 289 PARKING SPACES, BUFFERING THE PROPOSED RESIDENTIAL BUILDINGS FROM THE INTERSTATE FIVE FREEWAY TO THE EAST.

THE TOP DECK OF THE PARKING STRUCTURE EXTENDS AS HIGH AS 53.8FT AND IS SURROUNDED BY A 4.5FT TALL PROTECTIVE PARAPET THAT EXTENDS THE VISUAL HEIGHT OF THIS STRUCTURE TO 58.3FT, SIMILAR TO THE ADJACENT RESIDENTIAL BUILDING.

ACCESS TO THE PARKING STRUCTURE WILL BE PROVIDED FROM THE INTERIOR OF THE PROJECT SITE AND ALONG OAK AVENUE.

IT SHOULD BE NOTED THAT THE ACCESS ON OAK AVENUE IS FOR RESIDENTS ONLY, WHICH IS SECURED BY A GATE.

THE ONLY REQUIRED PERMIT ASSOCIATED WITH THIS PROJECT IS A SITE DEVELOPMENT PLAN FOR WHICH OR WHICH IS REQUIRED, PURSUANT TO THE VILLAGE AND BARRIO MASTER PLAN.

ALL SITE DEVELOPMENT PLANS LOCATED WITHIN THE VILLAGE AND BARRIO MASTER PLAN AREA ARE REQUIRED TO BE APPROVED BY THE CITY COUNCIL.

ALL FINDINGS TO SUPPORT THE SITE DEVELOPMENT PLAN ARE INCLUDED IN THE PLANNING COMMISSION RESOLUTION AS EXHIBIT ONE OF THE PROJECT STAFF REPORT.

AS MENTIONED, THE PROJECT IS REQUESTING WAIVERS FROM DEVELOPMENT STANDARDS PURSUANT TO STATE DENSITY BONUS LAW.

IT SHOULD BE EMPHASIZED THAT THERE IS NO LIMIT TO THE NUMBER OF WAIVERS AN APPLICANT CAN REQUEST, AS LONG AS THE WAIVER DOES NOT CONFLICT.

I'M SORRY DOES NOT CAUSE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY AND ADVERSE IMPACT ON PROPERTY LISTED ON THE CALIFORNIA HISTORICAL REGISTER, OR VIOLATE STATE OR FEDERAL LAW.

THIS SLIDE IDENTIFIES FOUR OF THE FIVE WAIVERS THAT HAVE BEEN REQUESTED BY THE DEVELOPER, ALL OF WHICH PERTAIN TO WHAT CAN BE CATEGORIZED AS RELATING TO BUILDING HEIGHT.

THE FIFTH WAIVER BEING REQUESTED PERTAINS TO VEHICULAR ACCESS.

AS THIS SLIDE.

AS THIS SLIDE OF THE SITE PLAN DEPICTS, THE PROJECT IS PROPOSING OR PROVIDING TWO ADDITIONAL POINTS OF OF ACCESS FOR VEHICLES IN ADDITION TO THE VEHICLE ACCESS BEING

[00:30:02]

ACCESS ONE IS FROM CARLSBAD VILLAGE DRIVE.

ACCESS TO IS FROM THE ALLEY, AND ACCESS THREE IS IS FROM OAK AVENUE.

PER CITY REQUIREMENTS, IF THIS OBJECTIVE DEVELOPMENT STANDARD WAS NOT WAIVED FOR THE APPLICANT'S REQUEST, THEN ALL VEHICULAR ACCESS FOR THE SITE WOULD COME FROM THE ALLEY.

STAFF HAS FOUND NO SUBSTANTIAL EVIDENCE THAT ANY OF THE REQUIRED FINDINGS NECESSARY TO DENY A WAIVER APPLY IN THIS CASE.

THE OVERARCHING GENERAL CONCERNS THAT HAVE BEEN RAISED BY THE PUBLIC ARE IN REGARDS TO BUILDING HEIGHT, LOSS OF COMMERCIAL AND PROJECT DESIGN, AND NEIGHBORHOOD CHARACTER.

AS IT RELATES TO BUILDING HEIGHT, THE VILLAGE AND BARRIO MASTER PLAN ALLOWS FOR FOUR STORIES AND 45FT IN THE FREEWAY COMMERCIAL DISTRICT.

THIS PROJECT AGAIN IS IMPLEMENTING STATE DENSITY BONUS LAWS DISCUSSED THROUGHOUT THE PROJECT STAFF REPORT.

IN THIS PRESENTATION, WHICH AGAIN INCLUDES REQUESTS FOR WAIVERS FOR SUCH DEVIATIONS ARE NECESSARY TO ACHIEVE THE DENSITY ALLOWED UNDER STATE DENSITY BONUS LAW.

AS PREVIOUSLY COVERED, THIS PROJECT IS REQUESTING FIVE WAIVERS TOTAL, FOUR OF WHICH GENERALLY PERTAIN TO DEVELOPMENT STANDARDS HAVING TO DO WITH BUILDING HEIGHT.

AS IT RELATES TO LOSS OF COMMERCIAL SHOPPING.

THE CITY CANNOT MANDATE THAT A GROCERY STORE, OR ANY PRIVATE BUSINESS FOR THAT MATTER, REMAIN.

LANDLORDS AND TENANTS ARRANGEMENTS ARE OUTSIDE OF PURVIEW OF THE PURVIEW OF THE CITY.

WE CAN ATTEST THAT A LOT OF THESE EXISTING TYPES OF RETAIL USES CAN STILL BE PROVIDED WITHIN THE VILLAGE AND BARRIO MASTER PLAN IN THE FUTURE AND ARE ALLOWED WITHIN SEVERAL NEARBY DISTRICTS.

OUR STAFF REPORT DISCUSSES THIS ON PAGE SIX.

LASTLY, AS IT RELATES TO COMMENTS PERTAINING TO THE PROJECT DESIGN AND NEIGHBORHOOD CHARACTER, WE NEED TO EMPHASIZE THAT CALIFORNIA SENATE BILL 330, COMMONLY REFERRED TO AS THE HOUSING CRISIS ACT, DICTATES THAT ONLY OBJECTIVE DESIGN STANDARDS CAN BE APPLIED TO ELIGIBLE HOUSING PROJECTS.

DEVELOPMENT STANDARDS THAT ARE SUBJECTIVE IN NATURE CANNOT BE APPLIED TO THE PROJECT.

THIS APPLICATION SATISFIES THE OBJECTIVE DESIGN OR THE OBJECTIVE STANDARDS WITHIN THE VILLAGE AND BARRIO MASTER PLAN OR IS PROPOSING TO USE THE PROVISIONS ALLOWED BY DENSITY BONUS UNDER STATE LAW.

ADDITIONALLY, THE PROJECT IS PROTECTED BY THE CALIFORNIA SENATE BILL 330 AND WAS DEEMED COMPLETE PRIOR TO THE CITY'S OBJECTIVE DESIGN STANDARDS BEING ADOPTED IN AUGUST OF 2023.

TO THIS POINT, A CALIFORNIA SENATE BILL 330 PRELIMINARY HOUSING DEVELOPMENT PRE-APPLICATION FOR THIS PROJECT WAS FILED AND DEEMED SUBMITTED ON MARCH 22ND, 2023.

FOLLOWING THIS, THE APPLICANT MADE A TIMELY SUBMITTAL OF THEIR SITE DEVELOPMENT PLAN ON MAY 17TH, 2023.

THE CITY'S OBJECTIVE DESIGN STANDARDS WERE LATER ADOPTED ON AUGUST 29TH, 2023, AFTER THE TIMELY SUBMITTAL OF THE PROJECT.

THEREFORE, THE DETAILS OF THOSE SPECIFIC STANDARDS THAT WERE LATER ADOPTED ARE NOT APPLICABLE TO THIS PROJECT.

IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THEIR GUIDELINES, THE CITY PLANNER HAS DETERMINED THAT THIS PROJECT QUALIFIED FOR AN EXEMPTION PURSUANT TO SECTION 15 332, KNOWN AS AN INFILL DEVELOPMENT PROJECT.

ON FEBRUARY 29TH, 2024, A NOTICE OF INTENDED DECISION REGARDING THE ENVIRONMENTAL DETERMINATION WAS POSTED ON THE CITY'S WEBSITE AND AN EMAIL WAS DISTRIBUTED TO ALL INTERESTED INDIVIDUALS.

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

AS MR. JONES PREVIOUSLY DISCUSSED IN HIS INTRODUCTORY OVERVIEW, THE CITY PLANNERS WRITTEN DECISION IS FINAL AND NOT SUBJECT TO CONSIDERATION BY THE PLANNING COMMISSION OR THE CITY COUNCIL. IN CONCLUSION, THIS PROJECT WAS ANALYZED FOR CONSISTENCY WITH THE CITY'S GENERAL PLAN.

THE VILLAGE AND BARRIO MASTER PLAN AND ALL REQUIRED CITY CODES, POLICIES AND STANDARDS, INCLUDING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND STATE DENSITY BONUS LAW. COMPLIANCE WITH CITY COUNCIL POLICY 84 AND THE CARLSBAD MUNICIPAL CODES NOTICING PROCEDURES HAVE ALL BEEN MET.

THE STAFF REPORT AND RESOLUTION IS BEFORE THE COMMISSION.

TONIGHT CONTAINS ALL THE ANALYSIS AND FINDINGS TO SUPPORT OUR RECOMMENDATION.

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

THIS CONCLUDES MY PRESENTATION.

HOWEVER, BEFORE MOVING ON, I SHOULD POINT OUT THAT THE DEVELOPER AND HIS TEAM IS HERE TONIGHT TO GIVE A PRESENTATION TO ALSO ANSWER QUESTIONS THE COMMISSION OR PROVIDE OR ANSWER ANY PUBLIC INPUT AS WELL.

THANK YOU. THANK YOU.

COMMISSIONERS, AT THIS POINT, ARE THERE ANY CLARIFYING QUESTIONS OF STAFF YOU'D LIKE TO PRESENT? ALL RIGHT. WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION AT THIS TIME?

[00:35:03]

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

MY NAME IS PATRICK TOOLEY.

THANK YOU, COMMISSIONERS, FOR YOUR TIME IN THIS EVENING.

WE'RE PLEASED TO BE HERE TO PRESENT OUR VISION TONIGHT FOR THE CARLSBAD VILLAGE MIXED USE PROJECT.

AND THANK YOU TO STAFF FOR YOUR WORK OVER THE PAST YEAR PLUS, AND FOR YOUR THOUGHTS.

I'M SORRY FOR YOUR THOROUGH PRESENTATION THIS EVENING.

MY NAME, AS I MENTIONED A MOMENT AGO, IS PATRICK TULLY, AND I'M THE MANAGING PARTNER OF TULLY INTERESTS AND THE PROJECT APPLICANT THIS EVENING.

AND I'M JOINED HERE TONIGHT BY OTHER MEMBERS OF THE PROJECT TEAM AS WELL.

TOOLEY INTERESTS IS A PRIVATELY HELD REAL ESTATE INVESTMENT FIRM I FOUNDED IN 2002.

OUR PRIMARY FOCUS IS THE DEVELOPMENT OF HIGH-QUALITY, MIXED-USE PROJECTS IN SOUTHERN CALIFORNIA, WITH AN EMPHASIS ON CREATING PLACES OF ENDURING VALUE THROUGH THOUGHTFUL CONCEPTUALIZATION AND QUALITY DESIGN.

WE PURCHASED THIS PROPERTY IN LATE 2001 AND BEGAN OUTREACH TO INDIVIDUAL TENANTS SHORTLY THEREAFTER.

I UNDERSTAND THE UNCERTAINTY THAT COMES WITH NEW OWNERSHIP AND NEW PLANS FOR THE FUTURE.

BECAUSE OF THIS, WE TOOK AN EARLY AND PROACTIVE APPROACH TO COMMUNICATE WITH EACH TENANT BEFORE AND THROUGHOUT THE ENTITLEMENT PROCESS, AN APPROACH THAT WE CONTINUE TO THIS DAY.

WE SPENT THE LAST YEAR COORDINATING WITH STAFF AND REFINING THE PLANS BASED ON WHAT WE HEARD.

I'D LIKE TO QUICKLY WALK YOU THROUGH OUR PROCESS TO UNDERSTAND, CONCEPTUALIZE, AND DESIGN THE PROJECT BEFORE YOU THIS EVENING, A PROCESS THAT FOCUSES ON CONSISTENCY, COMPATIBILITY, AND COMMUNITY CONSISTENCY.

WE STARTED THE PROCESS WITH A DETAILED REVIEW OF THE VILLAGE AND BARRIO MASTER PLAN, AND THE VISION THAT IT HAD FOR THIS SITE.

THE PROPERTY IS LOCATED IN THE FREEWAY COMMERCIAL DISTRICT OF THE MASTER PLAN AREA.

THE MASTER PLAN AND I QUOTE HERE, ENVISIONS A MIXED-USE ENVIRONMENT WITH HIGHER DENSITY RESIDENTIAL, WITH A MIX OF UNIT TYPES FOR A WIDE VARIETY OF HOUSEHOLDS TO CREATE A BUFFER FROM THE FREEWAY.

AS YOU'LL SEE, THE PROJECT BEFORE YOU THIS EVENING IS CONSISTENT WITH EACH OF THESE KEY PRINCIPLES.

I WOULD LIKE TO SHOW YOU TWO IMAGES THAT WERE PREPARED BY THE CITY AND ITS CONSULTANTS AS PART OF THE CREATION OF THE VILLAGE AND BARRIO MASTER PLAN THAT DEPICT THIS PARTICULAR SITE.

THE TOP IMAGE REPRESENTS THE SITE AS IT EXISTS TODAY.

THE BOTTOM IMAGE DEPICTS WHAT COULD BE BUILT.

THIS IMAGE REFLECTS A SINGLE LARGE SUPERSTRUCTURE THAT COVERS VIRTUALLY THE ENTIRE SITE.

ALTHOUGH THIS IMAGE INFORMED OUR THINKING, THE PROJECT WE'RE PROPOSING THIS EVENING IS DIFFERENT FROM THE PROJECT YOU SEE HERE, MOST NOTABLY IN OUR ATTEMPT TO INTRODUCE SIGNIFICANTLY MORE OPEN SPACE SETBACKS AND ARCHITECTURAL LAYERING, WHICH WE FELT WOULD BE MORE CONSISTENT WITH THE EXISTING COMMUNITY.

WE ALSO LOOKED AT WHAT COULD BE DONE ON THE SITE WITH THE STATE DENSITY BONUS LAW.

AND AS STAFF SHARED WITH YOU EARLIER, WHAT WE'RE PROPOSING TONIGHT IS COMPLIANT WITH STATE LAW.

I'D ALSO LIKE TO NOTE THAT STATE DENSITY BONUS LAW ALLOWS 292 UNITS ON THE SITE, AND THE PROJECT WE'RE PROPOSING TONIGHT INCLUDES 218 UNITS.

WITH RESPECT TO CONTEXT, THE PROPERTY ITSELF IS WELL SERVED BY AND PROXIMATE TO PUBLIC TRANSPORTATION AND ACCESS TO THE I-5 FREEWAY.

THE SITE SITS 20FT BELOW THE FREEWAY, AND THAT ADJACENCY AND TOPOGRAPHY HELPED US TO INFORM OUR SITE PLAN COMPATIBILITY. IN ANY INFILL PROJECT AND UNDERSTANDING OF, AND A RESPECT FOR THE EXISTING COMMUNITY AND THOUGHTFUL INTEGRATION INTO THE BUILT ENVIRONMENT IS CRUCIAL.

YET THIS HAS TO BE BALANCED WITH THE NEED TO CREATE NEW HOUSING.

WE LOOKED AT THE SITE CONSTRAINTS AND OPPORTUNITIES TO MAKE SURE THAT WHAT WE PROPOSED WOULD BE AS COMPATIBLE AS POSSIBLE WITH ITS SURROUNDINGS, WHILE BALANCING THESE PRIORITIES. TO DO THIS, WE PARTICIPATED IN DISCUSSIONS FOR THE OTHER MULTIFAMILY AND MIXED-USE PROJECTS IN THE VILLAGE AREA NEAR OUR SITE. WE CLOSELY FOLLOW THE COMMUNITY PROCESS TO CREATE OBJECTIVE DESIGN GUIDELINES FOR THE VILLAGE.

THESE GUIDELINES, AS YOU HEARD EARLIER, WERE ADOPTED IN AUGUST OF 2023, NEARLY A YEAR AFTER THE INITIAL APPLICATION FOR OUR PROJECT WAS SUBMITTED.

[00:40:10]

IN PARTICULAR, THE CARLISLE ON GRANT WAS IDENTIFIED POSITIVELY THROUGHOUT THE PROCESS, AND WE HAVE INCORPORATED CERTAIN ARCHITECTURAL AND DESIGN FEATURES FROM THAT PROJECT INTO OURS.

FINALLY, WE LAYERED IN THE FEEDBACK WE RECEIVED FROM THE COMMUNITY.

WE KEPT THE PUBLIC INFORMED VIA THE ENHANCED STAKEHOLDER OUTREACH PROGRAM AND THROUGH A VARIETY OF MEDIUMS, INCLUDING A PROJECT WEBSITE, ONE ON ONE MEETINGS, CONSISTENT DIALOG WITH EXISTING TENANTS, AND PUBLIC PRESENTATIONS AT BOTH THE CARLSBAD CHAMBER AND THE CARLSBAD VILLAGE ASSOCIATION, BOTH OF WHICH WERE OPEN TO THE PUBLIC AND RESULTED IN ATTENDANCE OF MORE THAN 150 PEOPLE.

SEVERAL KEY ISSUES EMERGED THROUGH THAT PROCESS.

THE CATEGORIES YOU SEE HERE SUMMARIZE WHAT WE BELIEVE TO BE THE PRIMARY TOPICS OF CONCERN, AND I'D LIKE TO ADDRESS THESE INDIVIDUALLY TO DEMONSTRATE HOW THE PROJECT BALANCES WHAT WE HEARD WITH THE PROJECT BEFORE YOU THIS EVENING.

THE FIRST CONCERN RELATED TO THE EXISTING TENANTS.

AS I MENTIONED PREVIOUSLY, THIS WAS A BIG FOCUS OF OURS.

IN ADDITION TO EARLY COMMUNICATION AND REGULAR UPDATES, WE HAVE DONE SEVERAL THINGS TO SUPPORT TENANTS ALONG THE WAY.

OF THE 13 TENANTS AT THE CENTER TODAY, SIX HAD LEASES THAT EXPIRED AFTER WE ACQUIRED THE SITE IN 2021.

WITHOUT EXCEPTION, EACH AND EVERY ONE OF THOSE LEASES WAS EXTENDED AND EXTENDED AT A SUBSTANTIAL DISCOUNT TO MARKET RENTS.

WE FELT IT IMPORTANT TO KEEP EXISTING TENANTS OPERATIONAL FOR AS LONG AS POSSIBLE.

WE HAVE EXPRESSED A WILLINGNESS TO ASSIST TENANTS IN IDENTIFYING ALTERNATIVE LOCATIONS AND TO PROVIDE ADVANCE NOTICE SO TENANTS CAN SMOOTHLY TRANSITION FROM THE LOCATION FROM THIS LOCATION WHEN THE TIME IS RIGHT.

THROUGH THESE EFFORTS, TENANTS WILL HAVE HAD AT LEAST THREE PLUS YEARS OF NOTICE BEFORE THE COMMENCEMENT OF ANY PROJECT CONSTRUCTION, AND LIKELY MORE TIME THAN THAT.

THE SECOND CONCERN WAS THE LOSS OF THE PROJECT'S EXISTING MARKET AND THE FUTURE OF THE RETAIL.

BASED ON OUR EXPERIENCE AND AVAILABLE DATA, FOOT TRAFFIC IS NOT SUSTAINABLE AT THIS LOCATION TO SUPPORT A LARGE MARKET INDEFINITELY.

WE'VE SEEN SMALLER FORMAT MARKETS AT OTHER PROJECTS BE VERY SUCCESSFUL IN PROVIDING NECESSITIES LIKE FRESH FRUITS AND VEGETABLES, BREADS, MEATS, FISH AND ITEMS OF DAILY NEED.

COMBINED WITH THE NEW BARONS MARKET THAT'S RECENTLY BEEN ANNOUNCED IN COMING TO THE VILLAGE, WE'RE CONFIDENT THAT THIS WILL BE THE CASE HERE AS WELL.

OUR RETAIL DESIGN CONTEMPLATES TWO RETAIL BUILDINGS FRONTING ON CARLSBAD VILLAGE DRIVE.

THE FIRST IS A 5800 SQUARE FOOT STANDALONE BUILDING, PURPOSE BUILT FOR A NEIGHBORHOOD MARKET, ONE THAT WILL SUCCESSFULLY SERVE THE SURROUNDING COMMUNITIES AS WELL AS RESIDENTS OF OUR PROJECT.

TO GIVE YOU A SENSE OF SPACE.

5800FT² IS ABOUT TWICE THE SIZE OF THE MIKKO BUILDING THAT'S ON THE SITE IN THAT LOCATION TODAY.

THIS BUILDING IS INTENTIONALLY DESIGNED WITH THE INFRASTRUCTURE THAT ANY SUCCESSFUL MARKET WOULD REQUIRE.

THE SECOND BUILDING IS AN 8000 SQUARE FOOT, IS 8000FT², AND DESIGNED FOR 5 TO 7 COMMUNITY SERVING TENANTS, YOUR CLEANERS, PLACES TO EXERCISE, FOOD AND DRINK OPTIONS, AS WELL AS COMMUNITY STORES.

BOTH BUILDINGS HAVE PATIOS AND GATHERING SPACES AT THEIR FRONT, WHICH WE BELIEVE WILL HELP TO ACTIVATE CARLSBAD VILLAGE DRIVE IN TOTAL AND INCLUDING PATIOS.

THE PROJECT INCLUDES MORE THAN 17,000FT² OF SPACE DEDICATED FOR RETAIL USES AND GATHERING AND SEATING.

THE NEXT CONCERN RELATES TO PEDESTRIAN ACCESS AND TRAFFIC.

OUR PROJECT WILL IMPROVE THE PEDESTRIAN SAFETY AND THE PEDESTRIAN EXPERIENCE ALONG CARLSBAD VILLAGE DRIVE BY DOUBLING THE WIDTH OF THE CURRENT SIDEWALK THROUGH A SIGNIFICANT PROPERTY DEDICATION, TAKING THAT SIDEWALK TO 16FT FROM EIGHT TODAY.

IN ADDITION TO THE WIDENED SIDEWALKS, THERE ARE ALSO SIGNIFICANT SETBACKS THAT WILL ACCOMMODATE PATIOS AND SEATING TO ENJOY THE FUTURE.

RETAIL. WE ARE ALSO PROPOSING ENHANCED LANDSCAPING AND A NEW COVERED BUS STOP ALONG CARLSBAD VILLAGE DRIVE.

AND FINALLY, WE'RE PROPOSING TO CLOSE THE SECOND DRIVEWAY ON CARLSBAD VILLAGE DRIVE, WHICH WILL FURTHER SUPPORT PEDESTRIAN WALKABILITY AND SAFETY ALONG THE

[00:45:02]

WITH THE CITY OVERSIGHT, THE STUDIES SHOW THERE WILL BE A REDUCTION OF 4800 TRIPS TO THE SITE PER DAY.

THIS IS DRIVEN BY THE FACT THAT A RESIDENTIAL THANK YOU SIR.

COMMISSIONERS, ARE THERE ANY CLARIFYING QUESTIONS OF THE APPLICANT? APPRECIATE YOUR, HELLO.

CAN I CAN YOU HEAR ME? I APPRECIATE YOUR PRESENTATION.

IN TRYING TO UNDERSTAND THIS PROJECT BETTER, I'VE BEEN TRYING TO RESEARCH MIXED USE.

YOU DEFINE THIS AS A MIXED-USE PROJECT, AND YET WE ARE BEING REQUESTED TO SPECIFICALLY VOTE ON A SITE DEVELOPMENT PLAN THAT SEPARATES THESE USES COMMERCIAL FROM RESIDENTIAL.

CAN YOU EXPLAIN HOW THIS IS A MIXED-USE PROJECT? SORRY. OKAY, GOOD.

GOOD EVENING, COMMISSIONERS. AGAIN.

I'M JONATHAN FRANKEL, PROJECT MANAGER, ON BEHALF OF THE APPLICANT.

COMMISSIONER LAFFERTY, THANK YOU FOR THAT QUESTION.

SO MIXED USE CAN TAKE A LOT OF FORMS. MIXED USE AS COMMISSIONER LAFFERTY, I THINK WAS REFERENCING IS A HORIZONTAL CONFIGURATION.

SO, YOU DO SEE HORIZONTAL CONFIGURATIONS IN DENSER URBAN ENVIRONMENTS IN DOWNTOWN SAN DIEGO.

FREQUENTLY WE SEE VERTICAL MIXED-USE CONFIGURATIONS.

YOU CAN ALSO SEE THE HORIZONTAL MIXED-USE CONFIGURATION, WHICH IS WHAT WE'RE PROPOSING HERE, WHICH IS ONE INDIVIDUAL DEVELOPMENT SITE WITH A MIX OF USES, MEANING NEIGHBORHOODS SERVING RETAIL AND COMMERCIAL SPACE ALONGSIDE A RESIDENTIAL.

HOWEVER, THE BUILDING THE RETAIL BUILDINGS ARE STANDALONE.

THERE ARE A NUMBER OF REASONS FOR THIS.

AND WHAT WE HAVE FOUND IN TALKING WITH A POTENTIAL RETAIL TENANTS IS THEY ACTUALLY PREFER STREET FRONTAGE VISIBILITY ALONG CARLSBAD VILLAGE DRIVE IN A STANDALONE BUILDING.

SO, FROM AN OPERATIONAL STANDPOINT, FROM A PARKING, SIGNAGE AND VISIBILITY GROUND FLOOR RETAIL SPACES OFTEN STRUGGLE IN DOWNTOWN SAN DIEGO, GROUND FLOOR RETAIL SPACES AND MIXED-USE BUILDINGS HAVE A VERY HIGH VACANCY RATE, AND YOU OFTEN SEE THOSE SPACES STRUGGLE TO ATTRACT THE TYPE OF HIGH-QUALITY TENANTS THAT HAVE BEEN DEMANDED BY THE COMMUNITY.

SO, THESE ARE THOSE ARE A FEW OF THE OF THE TWO PRIMARY REASONS WHY.

IN THIS CASE, WE THOUGHT THAT A HORIZONTAL MIXED USE CONFIGURATION WAS MORE IDEAL THAN A VERTICAL MIXED USE.

TO ADD TO THAT QUESTION, WE APPROVED A PROJECT A YEAR AGO THAT THAT BASICALLY TOOK THE CARL'S JR ACROSS THE STREET AND USED THAT AS A MIXED-USE PROJECT.

SO HISTORICALLY PRESERVING THAT CARL'S JUNIOR TO BE ABLE TO INCREASE THE DENSITY BEHIND THAT WHICH SET A TERRIBLE PRECEDENT AND ACTUALLY IS AGAINST OUR VILLAGE AND BARRIO MASTER PLAN.

AND YET IT WAS PROBLEMATIC BECAUSE OF THE FACT THAT WE HAVE NOW SYSTEMATICALLY CREATED A DRIVE THRUS AS THE ENTRANCE AND THE GATEWAY TO OUR FREEWAY COMMERCIAL DISTRICT OF OUR MAIN DRAG ON CARLSBAD VILLAGE.

SO, THIS IS MY CONCERN.

YOU'RE BUILDING HEIGHT IS VERY TALL, AND THE WAY THAT MOST OF OUR MUNICIPAL CODE DESCRIBES MIXED USE IS THAT IT'S RESIDENTIAL USES ARE LOCATED ABOVE THE GROUND FLOOR OF A MULTI-STORIED COMMERCIAL BUILDING.

NOW, THIS IS A REALLY UNIQUE SITE.

OBVIOUSLY YOU HAVE SIGNIFICANT TENANTS THAT OUR COMMUNITY PATRONIZES.

AND SO WHAT I'M CONCERNED WITH IS THAT YOU HAVE ALSO PUT THESE TWO SEPARATE, TINIER BUILDINGS THAT DON'T ALLOW FOR A FULL-SIZED GROCERY STORE.

AND IT DOESN'T REALLY MEET WITH OUR ZONING CODE THAT DESCRIBES MIXED USE AS GROUND FLOOR COMMERCIAL WITH RESIDENTS ON TOP.

SO HOW ARE WE GOING TO DISTRIBUTE? BECAUSE WE UNDERSTAND WE'RE SORT OF HOOKED INTO THIS DENSITY, BUT WE ALSO ARE CONCERNED THAT YOU WILL BE THE TALLEST BUILDING SINCE THE POWER PLANT STACK HAS COME DOWN.

AND WE REALLY FEEL THAT THERE'S A BIG CONCERN FOR THAT.

AND WE ALSO WANT TO HAVE A MORE EQUAL DISTRIBUTION.

THE PROJECT ACROSS THE STREETS, FOUR STORIES.

THE OTHER PROJECT IS GOING TO BE FOUR STORIES.

WE'RE INTERESTED IN HAVING THAT CONSISTENCY ON THAT STREET.

[00:50:05]

YEAH, A WIDE VARIETY OF I THINK, POLICY ISSUES THAT ARE PROBABLY BEST ADDRESSED BY CITY STAFF.

BUT WHAT I WILL SAY ABOUT THE ONE-STORY BUILDINGS ALONG CARLSBAD VILLAGE DRIVE IS THAT IS IN DIRECT RESPONSE TO CONCERNS THAT WE HEARD ABOUT THE VILLAGE LOFTS PROJECT ACROSS THE STREET BEING THE GATEWAY TO THE VILLAGE.

AND SO THAT WAS COMMUNITY FEEDBACK THAT WE WERE THAT WE HEARD ABOUT THE MASSING.

AND SO, WE TOOK THE TALLER BUILDINGS, AND WE PUSHED THEM AS FAR BACK FROM CARLSBAD VILLAGE DRIVE AS POSSIBLE.

SO THAT WAS VERY INTENTIONAL TO LOCATE ONE STORY MASSING.

YOU CAN'T DO THAT IN A VERTICAL MIXED USE CONFIGURATION.

YOU HAVE TO DO THAT IN A HORIZONTAL.

AND SO THAT DECISION WAS INTENTIONAL AND WAS IN RESPONSE TO THE NEEDS OF THE COMMUNITY.

THERE'S ANOTHER QUESTION I HAVE.

WHEN YOU BOUGHT THIS PROPERTY, AND MAYBE IT'S THE OTHER GENTLEMAN THAT SPOKE WHEN YOU BROUGHT THIS PROPERTY.

HOW, LIKE, WAS IT JUST THE RESIDENTIAL, THE COMMERCIAL BUILDINGS? OR IS, WAS THE 711 INCLUDED IN THAT? I HEARD MR. GOFF SUGGEST SOMETHING ELSE ABOUT THE 711.

BUT I'D LIKE TO HEAR FROM YOU.

WHAT YOU ACTUALLY BOUGHT.

THE 711 IS NOT INCLUDED IN THE PROJECT.

WE UNDERSTAND IT'S NOT INCLUDED IN THE PROJECT.

WE DO NOT OWN THE 711, BUT THE ACTUAL SITE IS FIVE ACRES OVER FIVE ACRES, WHICH WOULD ACTUALLY KICK IT INTO A LARGER ENVIRONMENTAL STUDY.

SO I'M TRYING TO UNDERSTAND WHO OWNS THAT AND WHAT'S GOING ON WITH THAT.

WHY IT'S NOT INCLUDED BECAUSE IT'S ALSO HORIZONTAL PART OF THAT HORIZONTAL DENSITY THAT YOU'RE TALKING ABOUT.

CORRECT? SURE.

TO CLARIFY, I THINK THE QUESTION YOU'RE ASKING IS, DID WE EVER OWN THE 711? AND THE ANSWER IS NO.

WHAT WE ACQUIRED IS THE SITE THAT STAFF SHOWED YOU TODAY.

WE NEVER HAD AN INTEREST, AN OWNERSHIP INTEREST OR ANY INTEREST IN THE 711 THAT'S A SEPARATE OWNER HAS ALWAYS BEEN WE HAVE NEVER HAD AN OWNERSHIP INTEREST IN THAT.

AND HOW MANY OF THESE OTHER PROJECTS HAVE YOU DEVELOPED AROUND SOUTHERN CALIFORNIA? HAVE I PERSONALLY DEVELOPED? I'VE BEEN IN THIS BUSINESS FOR 35 YEARS.

I'VE DEVELOPED WELL OVER 2,000,000FT² OF OFFICE, RETAIL, RESIDENTIAL, MULTIFAMILY, INCLUDING SOME VERY LARGE MIXED-USE PROJECTS UP IN THE BAY AREA IN LOS ANGELES AND NOW DOWN HERE.

SO MORE THAN A THOUSAND UNITS AND MORE THAN CERTAINLY MORE THAN 2,000,000FT² OF TOTAL DEVELOPMENT.

PROBABLY FAR IN EXCESS OF THAT.

I HAVEN'T KEPT TRACK.

YEAH. WE APPRECIATE YOUR EXPERIENCE WITH THIS.

WHAT I'M TRYING TO UNDERSTAND IS, DOES ALL THAT EXPERIENCE OUTSIDE OF OUR CITY BECOME RELEVANT TO OUR CITY? I'M NOT ENTIRELY SURE HOW TO ANSWER THAT.

I THINK WHAT WE TRIED TO DEMONSTRATE WAS THE APPROACH THAT WE TAKE TO VERY THOUGHTFULLY PURSUE DEVELOPMENTS, TO STUDY, UNDERSTAND THE COMPATIBILITY, UNDERSTAND THE BALANCE BETWEEN HOUSING AND DENSITY.

AND I THINK WE HAVE TRIED VERY, VERY HARD TO FIND A BALANCE HERE IN A PROJECT THAT MAKES SENSE ON A LOT OF LEVELS, AND IMPORTANTLY, A PROJECT THAT BRINGS SIGNIFICANT WORKFORCE HOUSING TO THIS PART OF, OF THE VILLAGE.

SO SIGNIFICANT WORKFORCE HOUSING.

LET'S GO BACK TO THAT.

THE, THE WE HAVE A MANDATE OF 15%.

AND MY UNDERSTANDING IS YOU'RE ONLY PROVIDING 12.5% OF THE AFFORDABLE UNITS.

SO TELL ME HOW WE GOT TO THAT NUMBER.

SURE. COMMISSIONER LAFFERTY, THE CITY'S ORDINANCE DOES REQUIRE 15% AS A BASE.

HOWEVER, THAT AMOUNT CAN BE REDUCED TO 12.5% IF THE APPLICANT INCREASES THE LEVEL OF AFFORDABILITY SO THAT 15% WOULD BE AT A LOW-INCOME AFFORDABILITY LEVEL.

AND WE HAVE COMMITTED TO PROVIDING VERY LOW-INCOME HOUSING, WHICH IS 50% OF THE AREA MEDIAN.

SO, COULD THAT BE DONE WITH THE BUILDING HEIGHT AS WELL? I'M NOT SURE I UNDERSTAND THE QUESTION.

SO YOU'RE ABLE TO LOWER THE AMOUNT OF UNITS THAT YOU PROVIDE THAT ARE AFFORDABLE.

CAN YOU ALSO SOMEHOW DISTRIBUTE IT TO A LOWER HEIGHT LIMIT TO BE ABLE TO MAKE SURE THAT WE CAN HAVE A MORE EQUAL DISTRIBUTION OF THE COMMERCIAL AND THE RESIDENTIAL? RIGHT NOW, YOU'VE GOT THE REALLY TINY BUILDINGS AND THE, YOU KNOW, THE DRIVE THRUS, AND THEN YOU'VE GOT THE REALLY LARGE APARTMENT BUILDINGS AND THE REALLY LARGE PARKING GARAGE THAT NONE OF THEM ARE SUBTERRANEAN.

NONE OF THEM HAVE ANY LOWER POSSIBILITY 45FT.

YOU KNOW, WE'RE GOING UP TO 70FT ALMOST.

SO IT'S IT'S VERY YOU KNOW, THIS IS A BIG DEAL FOR OUR COMMUNITY.

[00:55:04]

SURE, AND I THINK IF I UNDERSTAND THE WE WOULD BE ABLE TO DO FOUR STORIES ALONG CARLSBAD VILLAGE DRIVE.

THAT'S NOT WHAT WE'VE CHOSEN TO DO.

AND WE'VE CHOSEN TO LOCATE THE DENSITY AT THE REAR OF THE SITE ALONG OAK AVENUE.

AND IN EXCHANGE FOR PROVIDING 27 UNITS OF DEED RESTRICTED, VERY LOW INCOME, AFFORDABLE HOUSING, WE ARE ASKING FOR A LITTLE BIT OF ADDITIONAL HEIGHT IN ORDER TO OFFSET THE SUBSIDY REQUIRED TO PROVIDE THOSE AFFORDABLE UNITS.

THANK YOU. AND IF I MAY, JUST TO PROVIDE A LITTLE BIT OF CONTEXT, COURTS HAVE BEEN VERY CLEAR ON THE ISSUE THAT WE'RE DISCUSSING HERE, WHICH IS THAT CITIES CANNOT LAWFULLY REDESIGN A QUALIFYING DENSITY BONUS PROJECT ON THE THEORY THAT IF IT WAS CONFIGURED DIFFERENTLY, IT WOULD NOT NEED THE REQUESTED WAIVERS.

THERE WAS A CASE IN 2011 ON THAT EXACT ISSUE, AND AGAIN, VERY RECENTLY IN 2022 OUT OF CITY OF SAN DIEGO, WHERE SOME OF THE RESIDENTS CHALLENGED A HOUSING PROJECT THERE.

AND AGAIN, THE COURT REITERATED THAT SAME POINT THAT IF THE PROJECT, AS PROPOSED BY THE DEVELOPER QUALIFIES FOR DENSITY BONUS, THAT THEY ARE ENTITLED TO THOSE WAIVERS AND IT CAN'T BE REDESIGNED ON THE THEORY THAT THERE IS A WAY TO RECONFIGURE THE PROJECT WHERE IT WOULD NOT NEED THE WAIVERS.

UNDERSTOOD. BUT WE'RE ALSO RUNNING INTO AN ISSUE WHERE EVERY ONE OF THESE APARTMENTS IS GOING TO HAVE TO HAVE THEIR WINDOWS CLOSED, BECAUSE THE AIR QUALITY OUTSIDE.

IS THAT TERRIBLE BECAUSE OF THE FREEWAY.

SO WE'RE ALSO, YOU KNOW, THIS IS NOT THE BEST LOCATION.

FREEWAY COMMERCIAL WAS INTENDED FOR TRANSIENT, YOU KNOW, TRANSIENT YOU KNOW, OCCUPANCIES LIKE HOTELS AND, YOU KNOW, OTHER KINDS OF COMMERCIAL FREEWAY BUILDINGS.

SO THE IDEA THAT YOU'RE PUTTING 218 PERMANENT RESIDENTS HERE THAT CAN NEVER OPEN THEIR WINDOWS AND HAVE AIR CONDITIONING UNITS ON THE CEILING, ON THE ROOFS THAT ARE GOING TO BE ADDING TO THAT NOISE INSTEAD OF REDUCING NOISE IS A REAL BIG CONCERN AND A HEALTH CONCERN.

SO, YOU KNOW, WE'RE MASKED TODAY FOR THAT VERY REASON THAT THERE'S A WINDOWLESS ROOM HERE WITH NO OPERABLE WINDOWS.

SO, YOU KNOW, THAT IS A HEALTH CONCERN.

AND I THINK THAT THAT'S A REALLY DIFFICULT THING TO TRY TO ACCEPT AS A BENEFIT TO OUR COMMUNITY.

THANK YOU. COMMISSIONER STINE.

THANK YOU, MR. CHAIR.

A COUPLE QUESTIONS. I DON'T KNOW IF FOR MR. TOOLEY OR MR. FRANKEL.

I'LL JUST STATE MY ISSUE.

GENTLEMEN, WE'VE RECEIVED A PLETHORA OF NEIGHBORHOOD COMMENTARY AND CRITICISM WITH REGARD TO THE LOSS OF THE SMART AND FINAL MARKET.

THAT'S BEEN A CONSISTENT THEME IN MANY, MANY PUBLIC COMMENTS, EMAILS THAT WE RECEIVE, AND I ANTICIPATE WHEN WE OPEN IT UP TO PUBLIC COMMENT, WE'RE GOING TO GET ADDITIONAL CRITICISM ALONG THAT LINE.

IN LOOKING AT WHAT'S THERE NOW IS, I UNDERSTAND FROM THE STAFF REPORT, THE SMART AND FINAL MARKET, WHICH I'VE BEEN INSIDE OF IT.

IT'S A FULL GROCERY STORE.

YOU CAN DO ALL YOUR SHOPPING. THERE IS JUST A LITTLE BIT LESS THAN 25,000FT² IS I UNDERSTAND, MR. FRANKL. YOUR PROPOSAL IS THAT THAT GETS DEMOLISHED AND IN PLACE.

YOU HAVE A ONE-STORY BUILDING, WHICH IS FINE, WHICH IS ONLY 5800FT².

IN OTHER WORDS, LESS THAN ONE FOURTH THE SIZE OF A FULL MARKET.

COULD YOU COMMENT A LITTLE BIT ABOUT YOUR THINKING ABOUT GETTING RID OF A FULL-FLEDGED MARKET THAT YOU PROVIDE? BASICALLY, ALL YOUR PRIMARY GROCERY NEEDS, AND GOING TO A BUILDING THAT'S LESS THAN ONE QUARTER OF THE SIZE, WHICH I PRESUME WOULD HAVE MUCH LESS OF A COMPREHENSIVE OFFERING.

YES. THANK YOU FOR THE QUESTION, COMMISSIONER STINE.

SO TWO, TWO POINTS INITIALLY.

ONE, AS I'M SURE YOU ALL KNOW, THE GROCERY BUSINESS IS A VERY HIGH VOLUME, LOW MARGIN BUSINESS, AND WHAT A GROCERY STORE NEEDS MORE THAN ANYTHING IS TRAFFIC.

AND SO WHEN WE HEARD FROM THE COMMUNITY CONCERNS ABOUT TRAFFIC, WE APPRECIATE AND UNDERSTAND THERE ARE MANY PATRONS OF THE STORE.

THERE ARE MANY OF THEM HERE TONIGHT.

WE UNDERSTAND THAT THERE ARE PEOPLE THAT PATRONIZE THE STORE.

HOWEVER, IN THINKING ABOUT THE LONG-TERM VIABILITY OF A MIXED-USE DEVELOPMENT IN THE CENTER IN TOTALITY COMPREHENSIVELY WE DETERMINED THAT THE AMOUNT OF TRAFFIC THAT WOULD NEED TO SUPPORT A VERY LARGE GROCERY STORE THAT WAS NOT SUITABLE AND WAS IN DIRECT CONFLICT WITH THE COMMUNITY, CONCERN RELATED TO TRAFFIC AND THE NUMBER OF TRIPS THAT WERE THERE.

WE ALSO HAVE ACCESS RELATED CONCERNS THAT THE RIGHT IN, RIGHT OUT NATURE OF THE

[01:00:06]

JUST OPERATIONALLY.

THEY LIKE MULTIPLE POINTS OF ACCESS THERE.

AND GIVEN THAT TO OUR REAR ON OAK WE HAVE EXISTING RESIDENTIAL, WE FELT THAT WAS MORE APPROPRIATE.

FINALLY, THERE ARE MANY EXAMPLES OF FULL SERVICE, SMALLER FORMAT GROCERY STORES.

I FREQUENTLY AND CLOSE TO MY HOME.

THERE IS A GROCERY STORE OF ABOUT 10,000FT² IN THE BIRD ROCK AREA OF LA JOLLA, WHICH I WAS JUST THERE LAST WEEKEND TO 5000 SQUARE FOOT FULL-SERVICE GROCERY EXISTS AS WELL, AND WE THINK THAT THEY CAN BE. WE KNOW THAT THEY CAN BE VERY, VERY SUCCESSFUL.

WE ALSO KNOW THAT WITH THE BARONS MARKET THAT'S PLANNED TO COME IN AT APPROXIMATELY 15,000FT² JUST A FEW BLOCKS AWAY IN THE VILLAGE THAT THERE WILL BE A PLETHORA OF OPTIONS FOR GROCERY.

AND SO, WE UNDERSTAND THAT IT IS A CRITICAL ISSUE THE COMMUNITY DESIRES GROCERY NEEDS GROCERY IN THIS LOCATION.

WE TRIED TO BALANCE AGAIN THE NEED TO PROVIDE HOUSING AND AFFORDABLE HOUSING TO UNDERSTAND THE OPERATIONAL NEEDS OF A GROCERY STORE AT A VARIETY OF DIFFERENT FORMATS.

LARGER WHAT THAT MEANS FOR PARKING, WHAT IT MEANS FOR TRAFFIC AND DAILY TRIPS.

AND WE FEEL VERY COMFORTABLE AND CONFIDENT THAT THE BUILDING THAT WE'VE DESIGNED CAN, IN FACT, ACCOMMODATE A FULL SERVICE GROCERY STORE.

WILL IT HAVE ALL OF THE PRODUCTS THAT SMART AND FINAL HAS? PROBABLY NOT. WE UNDERSTAND THAT.

HOWEVER, IT WAS VERY INTENTIONAL THAT WE DESIGNED A BUILDING THAT REALLY COULD ACCOMMODATE A GROCERY IN THE FUTURE, AND WE KNOW THAT THAT WAS IMPORTANT TO THE COMMUNITY, AND THAT'S SOMETHING THAT WE INCORPORATED INTO THE PROJECT.

SIR, FOLLOWING UP A LITTLE BIT ON THAT IN THE SMART AND FINAL MARKET, AGAIN, A FULL-SERVICE MARKET, YOU GET YOUR MEATS, YOU CAN GET YOUR VEGETABLES, YOU CAN GET CEREAL, YOU CAN GET A WIDE VARIETY OF THINGS FOR ONE STOP SHOPPING.

I'M HAVING DIFFICULTY UNDERSTANDING.

WHILE A SPACE THAT IS LESS THAN A QUARTER OF THAT SIZE COULD OFFER ANYTHING CLOSE TO THE VARIETY OF OF OF ITEMS, THAT IS THAT THE THE FULL SERVICE MARKET PARCEL, IT SEEMS TO ME YOU'RE TREMENDOUSLY DOWNSCALING THAT.

WOULD YOU RESPOND PLEASE.

CERTAINLY. AS I MENTIONED, I UNDERSTAND THAT THE BUILDING IS SMALLER.

WE DON'T THINK THAT SMALLER NECESSARILY MEANS AT ALL THAT THAT IT CANNOT BE FULL SERVICE AND THAT YOU CAN'T GET ALL OF YOUR DAILY NEEDS.

WE ARE WE'RE CONFIDENT AND I'VE SEEN IT.

I'VE BEEN TO THESE MARKETS MYSELF.

CERTAINLY THE, THE THE VARIETY MEANING THE NUMBER OF BRANDS PERHAPS IS LOWER, BUT WE FEEL VERY CONFIDENT THAT THIS COULD BE A SUCCESSFUL FIRST FULL SERVICE MARKET WITH GOOD SIGNAGE AND FRONTAGE ALONG CARLSBAD VILLAGE DRIVE, WHICH IS A VERY HIGH TRAFFIC CORRIDOR WITH GOOD FRONTAGE AND VISIBILITY.

WE ALSO VIEW IT REALLY AS AN AMENITY FOR THE FUTURE RESIDENTS ON THE SITE AS WELL, AND WE KNOW THAT THEY WILL SHOP THERE FOR DAILY NEEDS.

GRANTED, COMPLETELY UNDERSTAND IT MAY NOT BE THE NUMBER OF PRODUCTS AND THE SIZE OF STORE THAT EXIST THERE TODAY, BUT WITH SIGNIFICANT RESEARCH, WE BELIEVE THAT IT CAN BE SUCCESSFUL AND WE'VE DESIGNED IT TO BE SUCCESSFUL.

OKAY, I'M STILL HAVING DIFFICULTY WITH IT, BUT I'M NOT GOING TO BELABOR THAT POINT, SIR.

THE OTHER ITEM I WANT TO TALK ABOUT IS BUILDING HEIGHT.

I UNDERSTAND THAT YOU'VE REQUESTED A DENSITY BONUS TO GO BEYOND THE FOUR STORIES AND HAVE A FIFTH STORY, AND I UNDERSTAND FROM OUR CITY ATTORNEY THAT THAT'S SOMETHING WE REALLY DON'T HAVE DISCRETION ON.

BUT CAN YOU KIND OF GIVE ME THE THOUGHT PROCESS OF THIS WILL BE IF IT'S APPROVED, THE FIRST BUILDING IN THE VILLAGE THAT'S FIVE STORIES HIGH.

OKAY. WE HAVE A VILLAGE HERE.

WE'RE TRYING TO KEEP IT A VILLAGE AND NOT A METROPOLIS.

OKAY, BUT CAN YOU KIND OF GIVE ME THE THOUGHT PROCESS AND THE DESIGN OF GOING FROM FOUR STORIES, WHICH IS OUR STANDARD TO FIVE? WHY DID YOU FIND THE NEED TO BUILD ANOTHER STORY ON TOP OF THAT, RATHER THAN KEEP IT AT THE FOUR STORY LIMIT THAT WE HAVE THROUGHOUT THE VILLAGE? SURE. COMMISSIONER STINE IS VERY MUCH RELATED TO THE DECISION TO PLACE ONE STORY BUILDINGS ALONG CARLSBAD VILLAGE DRIVE AND TO PROVIDE A PEDESTRIAN EXPERIENCE AND A SIGNIFICANTLY REDUCED MASS ALONG THE STREET ALONG CARLSBAD VILLAGE DRIVE, AND TO PLACE THE DENSITY THAT WERE PERMITTED UNDER STATE LAW TO THE REAR OF THE SITE.

AND SO IN THAT SITE PLAN CONFIGURATION, WE COULD HAVE GONE FOUR STORIES RIGHT ON THE STREET, RIGHT ALONG CARLSBAD VILLAGE DRIVE.

WHAT WE HEARD IS A LOT OF CONCERN ABOUT THE LOFTS PROJECT THAT WAS ACROSS THE STREET, THAT IT CAME RIGHT UP TO THE RIGHT, UP TO CARLSBAD VILLAGE DRIVE, AND THAT CONCERN WAS THAT IT WOULD CREATE KIND OF THIS TUNNEL EFFECT AS YOU ENTERED THE VILLAGE.

AND SO WE WANTED TO RESPECT THE CONCERNS ABOUT MASSING BY, AGAIN, LOCATING THE LARGER BUILDINGS CLOSER TO OAK.

AND SO, IN THAT CONFIGURATION, IN ORDER TO FIT THE NUMBER OF UNITS THAT IS REQUIRED TO PROVIDE THE 27 UNITS OF VERY LOW-INCOME AFFORDABLE HOUSING, THE FIFTH STORY WAS REQUIRED.

OKAY, I UNDERSTAND THAT.

SO, YOU REALLY GAVE WE'RE NOT TALKING ABOUT AGAIN RESIDENTIAL LARGE RESIDENTIAL COMPLEX RIGHT ON CARLSBAD VILLAGE DRIVE.

GRANTED, IT'S TUCKED BACK AWAYS, BUT DID YOU GIVE ANY SERIOUS CONSIDERATION TO JUST DOING THE FOUR STORIES, USING YOUR DENSITY BONUSES FOR THE DENSITY

[01:05:09]

SO, OUR UNDERSTANDING IS BASICALLY A FINANCIAL DECISION.

IN ORDER FOR THIS TO PENCIL OUT, YOU NEED A FIFTH STORY.

IS THAT WHAT YOU'RE TRYING TO SAY? THAT, OF COURSE, IS ONE FACTOR.

HOWEVER, I WILL SAY THAT OUR DESIGN TEAM SPENT SIGNIFICANT TIME LOOKING AT HOW DO WE DESIGN A REALLY NICE BUILDING IN FIVE STORIES. AND SO IT'S NOT OUR VIEW THAT IF THE BUILDING IS FOUR STORIES, WE'VE SEEN MANY EXAMPLES OF FOUR-STORY BUILDINGS THAT WE THINK ARE INFERIOR TO FIVE STORY BUILDINGS.

WE DON'T NECESSARILY BELIEVE THAT THE HEIGHT OF THE BUILDING OR THE NUMBER OF STORIES IS THERE IS A DIRECT CORRELATION OR A THROUGH LINE TO HOW GOOD THE DESIGN IS.

GOOD DESIGN CAN BE DONE IN TALL BUILDINGS.

GOOD DESIGN CAN BE DONE IN SMALL BUILDINGS, BAD DESIGN CAN BE DONE IN IN LOW BUILDINGS.

AND SO WE UNDERSTAND THE CONCERN ABOUT HEIGHT.

BUT IN TOTALITY, AS OUR DESIGN TEAM WORKED THROUGH A DESIGN CONCEPT THAT WE THOUGHT WAS VERY ATTRACTIVE AND WE CAN DELIVER BOTH THE AFFORDABLE UNITS, THE NEIGHBORHOOD SERVING COMMERCIAL AND MARKET RATE HOUSING IN A CONFIGURATION THAT WE KNOW WILL BE ATTRACTIVE.

THANK YOU SIR. COMMISSIONER STINE, LET ME INTERRUPT FOR A MINUTE.

I APPRECIATE THE BEHAVIOR OF ALL OF YOU.

LET'S LET THE APPLICANT ANSWER THE QUESTIONS.

IF HE SAYS SOMETHING THAT YOU FEEL IS FOOLISH OR STUPID OR WRONG, LET HIM SAY IT.

DON'T INTERRUPT HIM.

AND DON'T SNICKER, PLEASE.

THAT'S NOT.

WE ARE LIKE, IN CARLSBAD.

BUT I DO LIKE YOUR IDEA OF THE SIGNS.

I THINK THAT'S EXCELLENT.

ALL OF US ON THE DAIS CAN SEE THIS.

THANK YOU. I'M SORRY, COMMISSIONER STINE.

DID YOU WANT TO FINISH? NO, NO.

I'M SORRY. COMMISSIONER HUBINGER, THANK YOU.

THANK YOU FOR YOUR PRESENTATION.

I HAD ALMOST THE IDENTICAL QUESTIONS THAT COMMISSIONER STINE AND I, HAVING WORKED IN THE GROCERY BUSINESS FOR 30 YEARS.

RIGHT. I'M NOT BUYING THE LOW VOLUME THAT'S GOING TO HAPPEN FROM YOUR, YOU KNOW, FOR A GROCERY OUTFIT. SO, YOU OBVIOUSLY IN YOUR OUTREACH, I'M SURE PEOPLE TOLD YOU THAT THEY, THEY REALLY WANTED SHOPPING AND GROCERY SHOPPING. AND THAT WAS IMPORTANT.

AND I'M WONDERING, DID YOU CONSIDER THAT? AND BECAUSE THIS IS AN IMPORTANT POINT, BECAUSE I THINK THE PEOPLE FEEL AS THOUGH YOU'RE TAKING SOMETHING AWAY FROM THEM THAT IS SO CRITICAL TO DAILY LIFE.

AND SO, I MEAN, WE ALL SHOT, YOU KNOW, HOW IMPORTANT IT IS.

AND I JUST I FEEL LIKE, YOU KNOW, WE KIND OF JUST BLEW PAST THIS.

AND THIS IS REALLY AN IMPORTANT POINT FOR THE PEOPLE THAT LIVE IN THE, IN THE AREA.

AND I FEEL LIKE THERE SHOULD BE SOME SORT OF COMMITMENT TO ACTUALLY BRING IN A HIGH-QUALITY GROCERY OPERATION INTO THAT LOCATION.

AND IT WOULD HELP ASSUAGE, I THINK, A LOT OF THE PEOPLE'S CONCERN ON THE PROJECT ITSELF.

SO JUST GO AHEAD.

YEAH, I REALLY APPRECIATE THOSE COMMENTS.

I TOTALLY UNDERSTAND THE NECESSITY OF HAVING HIGH QUALITY GROCERY.

I THINK WE DO. I THINK EVERYONE IN OUR IN OUR TEAM DOES.

AND WE HAD MANY DISCUSSIONS ABOUT WHAT THE FUTURE OF GROCERY COULD BE ABOUT, WHAT THAT LOOKS LIKE, EVALUATING A VARIETY OF DIFFERENT FORMATS ULTIMATELY, IN THE BALANCE OF USES AND MIXES.

THIS IS A THOUSAND PIECE PUZZLE.

THERE'S A LOT OF COMPETING INTERESTS.

THERE'S A LOT OF THINGS THAT WE HAVE TO ACCOUNT FOR WHEN WE WHEN WE DO THIS.

WE KNEW THAT A MARKET WAS IMPORTANT.

IT'S WHY WE'VE INCORPORATED IT.

WE KNOW THAT THERE'S DISAGREEMENT ABOUT WHAT FULL SERVICE MEANS ABOUT WHAT HOW WHAT HOW BIG IS BIG ENOUGH? AND I THINK ALL THAT WE CAN SAY IS THAT WE HAVE EVALUATED ALL OF THOSE OPTIONS.

AND AGAIN, WE'VE DESIGNED A BUILDING THAT WE FEEL VERY CONFIDENT COULD ATTRACT A VERY HIGH-QUALITY, FULL-SERVICE GROCERY.

AND WE KNOW THAT THAT WOULD LIKELY BE DIFFERENT THAN SMART AND FINAL.

AND WE DON'T THINK THAT THAT'S NECESSARILY A BAD THING.

BUT IT WAS REALLY STUDIED INTERNALLY BY THE TEAM.

WE UNDERSTAND THE IMPORTANCE OF A MARKET.

THAT'S WHY IT WAS PLACED THERE.

BUT YOU KNOW, GIVEN THE OTHER CONSTRAINTS AND THE OTHER INTERESTS, THIS WAS THIS WAS THE BEST BALANCE WE THOUGHT OVERALL.

CAN YOU TRY TO COMMIT TO THIS GROUP TODAY THAT YOU'LL BRING IN A GROCERY STORE INTO THAT SPACE? SO WE DON'T HAVE A CRYSTAL BALL ABOUT WHERE THE MARKET WILL BE.

[01:10:01]

WE ABSOLUTELY WILL, IN GOOD FAITH AND HAVE WILL CONTINUE TO ENGAGE WITH GROCERY OPERATORS TO DO EVERYTHING THAT WE CAN TO SATISFY THAT DEMAND BY THE BY THE COMMUNITY. THANK YOU.

COMMISSIONER DANA. THANK YOU, CHAIRMAN.

SOME OF MY QUESTIONS WERE ADDRESSED THROUGH SOME PREVIOUS QUESTIONS FROM OTHER COMMISSIONERS, BUT TO FOLLOW UP ON COMMITMENTS TO TENANCIES.

WOULD THE DEVELOPER ENTERTAIN IF, IN LIGHT OF BARONS MARKET PROPOSAL, WOULD THE DEVELOPER ENTERTAIN A TENANT SUCH AS A PHARMACY IN THAT LOCATION? COMMISSIONER DANA, ABSOLUTELY.

WE THINK THAT THESE A PHARMACY, BAKERIES, OTHER DRY CLEANERS, OTHER DAILY NEEDS, YOU KNOW, WE ABSOLUTELY HAVE AN INTEREST IN PROVIDING THOSE SERVICES THAT OUR FUTURE RESIDENTS WILL ALSO USE.

IT'S ACCRETIVE TO THE DEVELOPMENT.

THERE'S INTEREST THAT ARE ABSOLUTELY ALIGNED THERE.

SO, WE WOULD BE VERY MUCH OPEN TO A PHARMACY OR ANY OTHER NEIGHBORHOOD SERVING COMMERCIAL SPACE IN THIS LOCATION.

COMMISSIONER MERZ, YES, I THANK YOU FOR YOUR PRESENTATION.

FIRST YOU GET TO HEAR THE REST OF THE PRESENTATION YOU'RE MAKING.

THE SLIDE THAT CAME UP WAS ON PARKING, AND IT WAS JUST I JUST KIND OF MAYBE YOU COULD JUST ADD A LITTLE BIT OF BACKGROUND TO THAT BECAUSE IT'S INTERESTING.

THE STAFF REPORT SAYS THE REQUIRED.

THERE'S NO PARKING REQUIRED IN THE PROJECT.

WE HAVE 340.

SO, YOU KNOW, I'M ASSUMING I WAS JUST YOUR DETERMINATION ON WHAT YOU THOUGHT DEMAND WOULD BE FOR, YOU KNOW, THE PEOPLE, THE RESIDENTS ARE GOING TO DO IT.

SO JUST IT'S JUST KIND OF JUMPS OUT AT YOU.

YOU REQUIRE FOR ZERO, BUT YOU'RE PROVIDING 340.

HOW WOULD YOU KIND OF COME TO THAT NUMBER.

JUST SORT OF INTERESTED IN UNDERSTAND THAT.

THANK YOU. YEAH. FOR THE QUESTION, COMMISSIONER MERZ.

SO, THE STATE OF CALIFORNIA, PER THE ASSEMBLY BILL THAT'S REFERENCED THERE, HAS DECIDED THAT PROJECTS WITHIN HALF A MILE OF A MAJOR TRANSIT STOP HERE, MEANING THE TRAIN STATION DO NOT HAVE TO PROVIDE ONSITE PARKING.

SO THAT IS AN OPTION FOR DEVELOPMENTS.

THAT IS NOT SOMETHING THAT WE FELT THAT WAS APPROPRIATE FOR THE SITE.

WE KNOW IN OUR RESEARCH AND OUR OUTREACH, THE VILLAGE HAS A LONG HISTORY OF PARKING PROBLEMS. AND PEOPLE STRUGGLE, OFTEN STRUGGLE TO FIND PARKING.

SO WE COULD HAVE AVAILED OURSELVES OF THAT.

WE DID NOT DO SO.

WE THINK BETWEEN THE PARKING STRUCTURE AND THE SURFACE PARKING, THAT THAT IS RIGHT ABOUT RIGHT IN TERMS OF THE MIX OF PARKING IS WHAT'S GOING TO BE DEMANDED BY THE RETAIL AND BY THE RESIDENTIAL. YEAH.

THANK YOU. I WAS THAT THAT BACKGROUND WAS HELPFUL JUST WITH THE DISPARITY BETWEEN THE SO HOW WE GET TO THAT.

SO, THANK YOU. LET'S, IT'S 615.

LET'S TAKE A FIVE-MINUTE RECESS AND PLEASE, LET'S STAY CIVIL.

THANK YOU. IF WE MAY CONTINUE.

HELLO? WHAT COMMISSIONERS? WHAT I'D LIKE TO SUGGEST IS IF YOU HAVE OTHER QUESTIONS OR COMMENTS FOR THE APPLICANT, LET'S DO THAT AND THEN WE'LL SWITCH OVER IF YOU WANT.

QUESTIONS FOR THE STAFF AND COMMISSIONER MERZ, I DIDN'T MEAN TO INTERRUPT YOU.

I THINK YOU WANT TO CONTINUE.

QUESTION. OH, ME? YEAH. SO ACTUALLY, THERE I THINK I'D LIKE TO HOLD THAT AND MAKE THAT AS A QUESTION TO THE STAFF.

THERE'S A LITTLE BIT SOME OF THE QUESTIONS THAT WENT BACK AND FORTH.

I JUST HAD A CONCERN I WANT, BUT I THINK IT'S MORE APPROPRIATE ASSET TO THE STAFF WHEN WE'RE DONE WITH APPLICANT.

SO, HOLD ON TO THAT UNTIL WE'RE DONE AT THAT TIME.

COMMISSIONER STINE, I SEE I SEE YOU'RE ON THE SCREEN NOW.

OKAY. ANY OTHER COMMISSIONERS HAVE ANY QUESTIONS OF THE APPLICANT AT THIS TIME? ALL RIGHT. THANK YOU.

COMMISSIONERS, DO YOU WANT TO ASK ANY CLARIFYING QUESTIONS OF THE STAFF AT THIS TIME? I THINK NOW IT WOULD BE APPROPRIATE.

YEAH, I THINK SO.

IN READING THE STAFF REPORT THE QUESTION CAME UP.

YOU KNOW, OBVIOUSLY THERE'S A CONCERN WITH THE GROCERY STORE AND WHAT THE TENANTS WOULD BE IN THERE.

MY UNDERSTANDING, THOUGH, IS, IS THAT THE WAY THIS PROJECT IS ZONED IT, I MEAN, IF THE APPLICANT WHO WAS DEVELOPING WANTED TO DEVELOP IT'S 100% RESIDENTIAL, THEY COULD DO THAT. AND IT'S NOT THE PURVIEW OF THE PLANNING COMMISSION TO TRY TO AFFECT WHAT A PRIVATE PROPERTY OWNER, WHAT DECISIONS HE CAN MAKE REGARDING WHO THE TENANTS ARE. AND SO I JUST WANTED TO GET STAFF'S INPUT ON THAT.

MAYBE I'LL JUST RESPOND ON THE ZONING ITSELF AND THEN ASK IF CITY ATTORNEY WOULD LIKE TO ADD ANYTHING.

[01:15:05]

THERE'S A NUMBER OF USES ALLOWED WITHIN THAT.

RESIDENTIAL IS ALLOWED.

MIXED USE IS ALLOWED, AS WELL AS A NUMBER OF COMMERCIAL TYPE USES.

A PROJECT COULD HAVE APPLIED FOR A COMBINATION OF THOSE.

ONE OF THOSE ENTIRELY.

AND THIS APPLICANT.

THIS IS THE MIX THAT THEY PROPOSED.

SO JUST TO FOLLOW UP ON THAT.

SO IF THEY WANTED TO PUT ALL COMMERCIAL IN HERE, THEY COULD DO OR THEY COULD IF THEY WANT TO PUT ALL RESIDENTIAL IN HERE, THEY HAVE WITHIN THEY'RE ALLOWED TO APPLY LIKE ALL COMMERCIAL OR ALL RESIDENTIAL.

COULD YOU EITHER ONE OF THOSE OPTIONS, IS THAT CORRECT? THAT IS CORRECT. THERE'S NO RESTRICTION ON THE PERCENTAGE OR HOW MUCH THERE MUST BE.

SOME OF THE DISTRICTS IN THE VILLAGE AND BARRIO MASTER PLAN DO REQUIRE A CERTAIN MIX.

OR FOR EXAMPLE, SOME DISTRICTS AND SOME STREETS REQUIRE COMMERCIAL FRONTAGE AS PART OF THOSE DEVELOPMENTS, THERE ARE NO RESTRICTIONS OR OBJECTIVE STANDARDS RELATED TO THAT IN THE FREEWAY COMMERCIAL DISTRICT.

OKAY, SO IT COULD BE ONE OR THE OTHER IF THAT'S WHAT THEY SO DECIDE TO DO.

YES, THAT IS CORRECT. OKAY, GOOD.

AND THEN AS IT RELATES TO THE QUESTION ABOUT THE TENANT MIXES, I'M SORRY, COMMISSIONER MEENES.

YEAH, I THINK TO ADD TO THAT FROM AN OBSERVATION STANDPOINT, THAT'S OBVIOUSLY SOME OF THE FRUSTRATIONS OF THE OF THE PEOPLE IN THE AUDIENCE THIS EVENING, AS WELL AS MANY OF THE OTHER CITIZENS, IS THAT, YOU KNOW, WE HAVE A PARCEL OF LAND OF LITTLE LESS THAN FIVE ACRES, AND IT'S COMMERCIAL. IT IS RETAIL AND IT IS NOW CHANGING TO PRIMARILY RESIDENTIAL.

AND SO MANY OF THE PEOPLE IN THE VILLAGE ARE VIEWING THAT THEY ARE LOSING THE RETAIL ASPECT THAT THEY'VE BEEN ACCUSTOMED TO.

AND SO THAT'S THE FRUSTRATION THAT WE FEEL IN THE AUDIENCE TONIGHT.

IS THAT FRUSTRATION.

YET WE, AS YOU JUST SAID RIGHT NOW AND AS WELL AS OUR PLANNER SAID, YOU KNOW, WE CANNOT DICTATE.

THEY CAN DESIGN AND THEY CAN GO AHEAD AND DEVELOP THE PROPERTY, BE IT COMMERCIAL, BE IT RESIDENTIAL, BE IT RETAIL.

AND THAT'S ONE OF THE FRUSTRATIONS THAT THE CITIZENS ARE HAVING IS THAT WE'RE TAKING SOMETHING THAT THEY'VE BEEN ACCUSTOMED TO AND NOW CHANGING IT TO SOMETHING QUITE DIFFERENT, WHICH IS RESIDENTIAL.

SO JUST AN OBSERVATION.

THAT MIGHT BE A GOOD SEGUE FOR ME, JUST TO GIVE A REMINDER ABOUT DENSITY BONUS AND THE HOUSING ACCOUNTABILITY ACT, BECAUSE THOSE ARE THE TWO LEADING LAWS THAT ARE APPLICABLE TO THIS PROJECT THAT THE STATE HAS ADOPTED TO EXPRESSLY CURTAIL LOCAL AUTHORITY TO DENY OR DELAY PROJECTS SUCH AS THIS.

THE EXPRESS GOAL OF THE STATE, I'LL SAY IT AGAIN, WAS TO PREVENT LOCAL AUTHORITY LOCAL JURISDICTIONS FROM DELAYING OR DENYING HOUSING PROJECTS, SPECIFICALLY ONES THAT INCLUDE AFFORDABLE HOUSING PROJECTS, IN ORDER TO DENY THIS HOUSING PROJECT OR TO DENY A WAIVER THAT'S INCLUDING INCLUDED IN THE PROJECT, OR TO ADD A CONDITION THAT WOULD SUBSTANTIALLY IMPACT THE FINANCIAL FEASIBILITY OF THOSE AFFORDABLE UNITS.

YOU'RE GOING TO HAVE TO MAKE THE FINDINGS RELATED TO PUBLIC HEALTH AND SAFETY, AND I'M HOPING YOU CAN PUT UP THAT BACKUP SLIDE, BECAUSE THE FINDING YOU WOULD HAVE TO MAKE IS INCREDIBLY DETAILED.

THE LEGISLATURE, MR. GOFF, SLIDE 45 INTENTIONALLY MADE THAT VERY HARD TO MAKE.

AND IT'S ACTUALLY SO LONG I COULDN'T FIT IT ALL ON ONE SLIDE.

SO I WILL READ IT.

SO, UNDER THE HOUSING ACCOUNTABILITY ACT, IF A HOUSING DEVELOPMENT PROJECT IS CONSISTENT WITH ALL APPLICABLE OBJECTIVE LOCAL PLANNING RULES, IT CAN ONLY BE DENIED OR CONDITIONED ON A DENSITY REDUCTION UNDER VERY LIMITED AND SPECIFIC CIRCUMSTANCES.

THE PLANNING COMMISSION MUST MAKE WRITTEN FINDINGS BASED UPON A PREPONDERANCE OF THE EVIDENCE OF THAT BOTH, ONE, THE HOUSING DEVELOPMENT PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON PUBLIC HEALTH OR SAFETY, UNLESS DISAPPROVED OR APPROVED AT A LOWER DENSITY, AND THAT THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE ADVERSE IMPACT.

THE ACT PROVIDES THAT A SPECIFIC ADVERSE IMPACT MEANS A SPECIFIC A SIGNIFICANT, QUANTIFIABLE, DIRECT AND UNAVOIDABLE IMPACT THAT IS BASED ON OBJECTIVE, IDENTIFIED, WRITTEN PUBLIC HEALTH OR SAFETY STANDARDS, POLICIES OR CONDITIONS AS THEY EXISTED ON THE DATE THE APPLICATION WAS DEEMED COMPLETE.

THE HOUSING ACCOUNTABILITY ACT CONSIDERS THAT SUCH IMPACTS WOULD BE RARE, AND IT'S THE INTENT OF THE LEGISLATURE THAT CONDITIONS THAT WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON THE PUBLIC HEALTH AND SAFETY ARISE INFREQUENTLY.

[01:20:07]

COMMISSIONERS, ARE THERE ANY OTHER QUESTIONS OF STAFF AT THIS TIME? I'M SORRY, COMMISSIONER STINE.

YES. BRIEFLY.

I WANT TO FOLLOW UP ON THE ISSUE OF AN ALTERNATIVE MARKET.

THERE WAS REFERENCE IN THE APPLICANT'S TESTIMONY WITH REGARD TO, I BELIEVE, HE SAID, A BARON'S MARKET THAT MIGHT BE MORE A LARGER MARKET, PERHAPS A MORE OF A FULL-SERVICE MARKET THAT ALTHOUGH THEY DON'T CONTROL THAT, THAT MAY BE COMING FAIRLY SOON IN THE AREA.

AND I WONDER IF STAFF WOULD ELABORATE ON WHAT STAFF KNOWS ABOUT THAT PARTICULAR PROJECT.

THANK YOU, MR. STINE.

RESPOND TO THIS QUESTION.

SO, WE HAVE BEEN CONTACTED.

CITY STAFF HAS BEEN IN CONTACT WITH BARONS MARKET.

WE HAVE A SLIDE PULLED UP CURRENTLY THAT SHOWS THE DISTANCE FROM THE PROPOSED SITE TO THE PROPOSED BARONS SITE THAT'S COMING INTO THE VILLAGE. THIS IS THE LOCATION BY THE CITY POST OFFICE.

YOU CAN SEE IT'S ABOUT A 0.4-MILE WALKING DISTANCE OR TEN MINUTES AWAY FROM THE CURRENT SITE.

AND DO YOU KNOW HOW MANY SQUARE FEET THAT SITE IS, MR. JONES? UNFORTUNATELY, I DO NOT HAVE THAT INFORMATION AVAILABLE, BUT WE CAN ALWAYS FOLLOW UP WITH THE COMMISSION LATER WITH THAT INFORMATION.

ALL RIGHT. YOU HAVE ANY REASON TO BELIEVE THAT IT'S APPROXIMATELY THE SIZE OF THE CURRENT SITE THAT IS GOING TO BE DEMOLISHED OR HAVE ANY IDEA.

UNFORTUNATELY, STAFF DOESN'T HAVE THAT INFORMATION.

OKAY, AND DOES STAFF KNOW IS THERE ANY DISCRETIONARY REVIEW OF THAT APPLICATION OR WOULD THAT BE.

THEY COULD DO THAT AS A MATTER OF RIGHT.

THE MARKET IS A PERMITTED USE BY RIGHT.

THANK YOU, MR. JONES. THANK YOU.

COMMISSIONER MARX. YEAH.

THANK YOU. I GUESS THE QUESTION I HAVE, AND IT'S MORE DIRECTED TOWARDS STAFF, BUT I'M A LITTLE BIT UNCOMFORTABLE WITH SOME OF THE QUESTIONS THAT ARE BEING LIKE ASKED OF THE APPLICANTS.

SO, FOR EXAMPLE, IF THEY, IF SOMETHING FITS THE ZONING AND ALLOWS THEM TO PUT THE BUILDING THEY WANT UP, WE'RE KIND OF ASKING THE APPLICANT WHO, YOU KNOW, THEIR TENANTS ARE GOING TO BE OR WHAT ARE THEY GOING TO BE DOING TO GET CERTAIN TENANTS THAT DOESN'T FEEL LIKE THAT'S WITHIN THE PURVIEW OF THE PLANNING COMMISSION TO DO THAT.

AND SO, I DON'T KNOW IF YOU COULD IT'S JUST SOME OF THE, YOU KNOW, LIKE, FOR EXAMPLE, LIKE THE WHERE A GROCERY STORE IS GOING TO BE OFF SITE.

I MEAN, IT'S JUST SEEMS LIKE THAT'S OUTSIDE THE PURVIEW OF WHAT WE'RE DISCUSSING HERE.

IF THE DEVELOPMENT FITS THE ZONING AND THE REQUIREMENTS, I GUESS, COULD YOU TALK A LITTLE ABOUT THAT ISSUE OF PURVIEW? BECAUSE, I MEAN, I THINK SOME OF THE I DON'T KNOW HOW THE BEST WAY TO SAY IT, BUT SOME OF THE QUESTION THAT'S GOING ON JUST MAKE ME A LITTLE BIT UNCOMFORTABLE AS TO WHAT'S BEING PUT IN FRONT OF THE APPLICANT IN QUESTIONS, THOUGH.

THOSE, AS FAR AS I CAN TELL, THEY WOULD NEED TO BE RELATED TO THAT FINDING THAT I HAD UP ON THE SCREEN.

THERE NEEDS TO BE A PREEXISTING WRITTEN OBJECTIVE HEALTH OR SAFETY STANDARD.

CONCERNS ABOUT NEIGHBORHOOD MARKETS IN AND OF THEMSELVES WOULD NOT BE A BASIS TO DENY THE PROJECT.

YEAH. BECAUSE I THINK MY POINT IS, I CERTAINLY, YOU KNOW, AS BEING A PUBLIC HEARING, WE'RE HERE TO LISTEN TO WHAT THE PUBLIC HAS TO SAY.

AND WE CERTAINLY HEAR THAT CONCERN.

IT JUST FEELS LIKE, AS I UNDERSTAND, THE STAFF REPORT, THAT, YOU KNOW, AGAIN, AND YOUR ANSWERS TO THE QUESTIONS THAT THE APPLICANT COULD HAVE MADE THIS 100% COMMERCIAL, THEY COULD HAVE MADE 100% RESIDENTIAL.

THOSE WOULD HAVE FIT EITHER ONE OF THOSE.

IT'S THEIR RIGHT TO DO THAT.

AND SO, I GUESS IT'S JUST I THINK THERE'S AN ISSUE OF WHAT'S WITHIN OUR PURVIEW AND WHAT'S NOT RIGHT.

THAT'S KIND OF MY, MY QUESTION THERE.

AND SOMETIMES THE QUESTIONS ABOUT TENANTS OR, AND I COMPLETELY UNDERSTAND AND RESPECT THE PUBLIC'S CONCERN THAT MATTER.

IT JUST FEELS FROM MY READING OF THE STAFF REPORT AND YOUR ANSWERS, THAT THOSE FEEL KIND OF OUTSIDE OF OUR DECISION.

COULD YOU COMMENT ON THAT OR DOES THAT MAKE SENSE? NO, I THINK WHAT WE'RE DOING IN OUR ROLE IS PRESENTING TO YOU THE FACTS BASED UPON THE EXISTING VILLAGE AND BARRIO MASTER PLAN.

THIS THE DENSITY BONUS AND STATE LAWS, AS THEY'VE BEEN RECENTLY ADOPTED AND SIGNIFICANTLY MODIFIED OVER THE PAST SEVERAL YEARS.

AND IT'S UP TO THE PLANNING COMMISSION TO CONSIDER THE FINDINGS THAT WOULD BE REQUIRED AND MAKE A RECOMMENDATION ON THIS PROJECT.

[01:25:01]

I JUST HAVE A QUESTION ABOUT NON-CONFORMING COMMERCIAL CONDITIONS IN THE VILLAGE AND BARRIO MASTER PLAN.

NOW, WITH THE SITE DEVELOPMENT PLAN CHANGING THE LOT CONFIGURATIONS.

IS THAT THAT'S WHAT'S HAPPENING.

CORRECT. THEY ARE ACTUALLY CHANGING THE PROPERTY LINES.

MR. GELDART, IF YOU COULD COMMENT ON THIS.

YES, THEY ARE.

OKAY. AND THE QUESTION I HAVE IS IN THE SUBDIVISION THAT WE ARE TRYING TO APPROVE HERE. CORRECT.

ONE SIDE OF THAT.

I'LL HAVE TO INTERRUPT, IT'S NOT A SUBDIVISION.

OKAY. SORRY.

SITE DEVELOPMENT PLAN. OKAY.

GOT IT, GOT IT. OKAY.

I KNOW YOU GUYS HAVE THE ALL THE DEFINITIONS.

I'M SORRY. HORIZONTAL MIXED USE WOULD BE THIS IS A HORIZONTAL MIXED-USE PROJECT.

IS THAT CORRECT? OKAY.

IN COMBINING THESE LOTS TO DOES IT, DOES IT HAVE TO BE SEPARATED OR DOES THIS DOES THIS DO THE PROPERTY LINES NEED TO BE SEPARATE TO BE ABLE TO ALLOW A HIGHER DENSITY ON THE OTHER PARCEL THAT THEY'VE CREATED.

SO I'M TRYING TO UNDERSTAND, DOES THE SQUARE FOOTAGE OF THE COMMERCIAL INFLUENCE OR HAVE AN IMPACT ON THE INCREASE OF THE DENSITY? BECAUSE OTHERWISE, RIGHT NOW THIS SITE DEVELOPMENT PLAN LOOKS LIKE YOU'RE SEPARATING COMMERCIAL FROM RESIDENTIAL.

AND SO WHY WOULDN'T THE JUST THE RESIDENTIAL PARCEL BE ONLY AVAILABLE TO DETERMINE THE DENSITY? WHY IS IT COMBINED OR IS IT COMBINED? AM I MISSING THE POINT? COMMISSIONER LAFFERTY THE ACTIONS THAT WOULD BE IMPLEMENTING THIS PROJECT, IF APPROVED, WOULD CONSOLIDATE ALL OF THIS INTO ONE LOT.

ALL OF THE PROPERTIES THAT ARE INCLUDED IN THE PROJECT.

AND SO, THE WAY OUR VILLAGE OF OUR MASTER PLAN WORKS IS THEN THAT THE RESIDENTIAL CALCULATION WOULD BE BASED UPON THAT ENTIRE LOT.

THE ENTIRE LOT. THE THERE IS NO DEFINITION OF HORIZONTAL VERSUS VERTICAL MIXED USE IN THE VILLAGE AND BARRIO MASTER PLAN.

BUT THERE IS IN OUR MUNICIPAL CODE.

THAT IS CORRECT.

AND THE JUST FRIENDLY REMINDER, AS YOU ARE ASKING COMMENTS FOR THE RECORD, IF YOU COULD REMEMBER TO STAY CLOSE TO YOUR MICROPHONE.

OH, SORRY. YEAH.

SO. SO WHAT YOU'RE SAYING, THOUGH, IS THAT THE SMALL-SCALE COMMERCIAL SITE IS NOT BEING SEPARATED FROM THE LARGE SCALE RESIDENTIAL.

IS THAT HOW THE SITE DEVELOPMENT PLAN IS WORKING, OR.

I THOUGHT THERE WERE TWO PARCELS.

NOW IT'S TWO PARCELS, BUT IT'S COMBINED AS ONE TO BE ABLE TO GET THAT 218.

THAT'S WHAT THAT'S YES, THIS IS A MIXED-USE PROJECT.

YOU ARE CORRECT. THEY ARE CONSOLIDATING THE FOUR LOTS DOWN TO TWO.

THE COMMERCIAL IS LOCATED ON LOT ONE AND THE RESIDENTIAL IS LOCATED ON LOT TWO.

SO BUT WHEN YOU WHEN YOU TAKE IT MIXED USE IS WHAT I GUESS I'M TRYING TO UNDERSTAND BECAUSE IT'S NOT.

IT'S SEPARATE. IT'S TOGETHER.

IT'S CONSOLIDATED TOGETHER.

IT'S ONE PROJECT TOGETHER.

IT'S LOCKED TOGETHER.

PARKING. ALL OF IT IS TIED TOGETHER THROUGH RECIPROCAL EASEMENTS AND SO ON.

BUT IT'S SEPARATE.

SO. SO IT'LL STILL IT'S STILL OPERATES AS ONE.

YEAH. I THINK IT'S A BIGGER CONCERN BECAUSE YOU KNOW WHAT WE'RE DOING IS TAKING SMALLER LOTS WHICH WOULD BE INDIVIDUALLY DEVELOPED IN TRADITIONAL ZONING.

RIGHT? WE WOULD INDIVIDUALLY DEVELOP THESE LOTS TO BE ABLE TO ALLOW THE CERTAIN DENSITY BASED ON THOSE LOTS.

BUT SINCE THIS LOT HAS BECOME ONE LARGE LOT OF 4.1 ACRES, 4.12 ACRES, YOU'RE USING THAT ENTIRE 4.12 ACRES, RIGHT, TO BE ABLE TO DETERMINE THE 218 UNITS, EVEN THOUGH THE COMMERCIAL HAS BEEN REDUCED, IT'S STILL PART OF THE OVERALL PROJECT.

THAT IS, THEY HAVE SEPARATED THE USES.

THAT IS CORRECT. AND WE WOULD DO THAT, NOT MIXED USE.

SORRY TO INTERRUPT. SORRY TO TALK OVER YOU.

I DIDN'T MEAN TO DO THAT. AND WE WOULD DO THE SAME IN A VERTICAL MIXED-USE PROJECT.

SO, IF THE GROUND FLOOR WAS COMMERCIAL, RIGHT, YOU WOULD STILL BE UTILIZING THE WHOLE SITE AND WE WOULD DO.

WE HAVE MANY VERTICAL MIXED-USE PROJECTS IN THE VILLAGE THAT HAVE TENTATIVE MAPS WITH THEM WHERE THE GROUND FLOOR IS SOLD OFF.

AND INDIVIDUALLY, IT'S NOT REALLY ANY DIFFERENT THAN A VERTICAL OR I MEAN A HORIZONTAL MIXED-USE PROJECT.

[01:30:03]

IT'S TWO SEPARATE LOTS.

IT COULD BE SOLD OFF AS SEPARATE, AND WE'D STILL GET THE HIGHER DENSITY WITH THE UNITS.

AND WE'RE BUILDING THESE, YOU KNOW, BUT THESE THIS LOT IS BEING SEPARATED.

SO THAT REALLY IS A BIG CONCERN BECAUSE THESE SMALL-SCALE RESIDENTS, THESE SMALL-SCALE COMMERCIALS ARE REQUIRED TO BE ABLE TO ACCOMMODATE THAT LARGER 218-UNIT FOOTPRINT, AND YET THEY COULD BE EASILY SOLD OFF SEPARATELY BASED ON THIS DEVELOPMENT.

SITE DEVELOPMENT PLAN THAT'S BEING PROPOSED.

OKAY, I SEE WHAT YOU'RE SAYING.

THANKS. ANY COMMISSIONERS HAVE ANY OTHER COMMENTS OF STAFF AT THIS TIME? ALL RIGHT. LET'S OPEN AT 643.

PUBLIC TESTIMONY.

MISS. MINUTES.

CLERK. HOW MANY SPEAKERS TOTAL DO WE HAVE? 21. 21.

ALL RIGHT. WHY DON'T YOU CALL THE FIRST THREE? AND ONE OF THE OFFICERS SUGGESTED THAT THERE WOULD BE GOOD IF YOU GIVE THEM TIME FOR ANYONE OUTSIDE TO COME IN.

OKAY, SO IF YOU CALL THE FIRST THREE AND THE FIRST THREE SPEAKERS, IF YOU'D LINE UP UNDER THE CLOCK, WE CAN THEN BEGIN.

FIRST. THE FOLLOWING INDIVIDUALS WOULD LIKE TO REGISTER THEIR OPPOSITION FOR THE RECORD, BUT DO NOT WISH TO SPEAK.

JOHN ROBERTSON, DEBBIE ROBERTSON AND PAT EGGLESTON.

AND FOR THE SPEAKERS, PLEASE LINE UP UNDER THE CLOCK.

THE FIRST SPEAKER AT THE PODIUM, BRETT SCHANZENBACH.

E LUCK BRUWALT AND PATTY SEGOVIA.

I'M SORRY, DID I HEAR A THIRD? OKAY. AS OUR FIRST SPEAKER APPROACHES THE PODIUM.

SO, WAIT JUST A MINUTE.

LET ME EXPLAIN THE COMMISSION'S PROCEDURES AGAIN FOR PUBLIC TESTIMONY.

YOU AND THE OTHER SPEAKERS WILL EACH HAVE THREE MINUTES TO MAKE YOUR COMMENTS.

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

A GREEN LIGHT MEANS GO OR SPEAK.

YELLOW MEANS YOU HAVE ONE MINUTE REMAINING, AND BLINKING RED LIGHT MEANS YOUR TIME HAS EXPIRED.

IF YOU WOULD, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND DIRECT YOUR COMMENTS TO THE COMMISSION, NOT THE STAFF, THE APPLICANT OR THE PUBLIC.

AFTER WE HAVE RECEIVED TESTIMONY FROM EVERYONE WHO WISHES TO SPEAK, WE WILL ASK THE APPROPRIATE PERSON TO RESPOND TO ALL QUESTIONS.

PLEASE SPEAK CLEARLY IN THE MICROPHONE AND CLEARLY STATE YOUR NAME.

THANK YOU, SIR.

GOOD EVENING COMMISSIONERS.

MY NAME IS BRET SCHANZENBACH.

I'M THE PRESIDENT AND CEO OF THE CARLSBAD CHAMBER OF COMMERCE.

I'M VERY EXCITED TO BE SPEAKING WITH YOU TONIGHT.

THIRD TIME'S THE CHARM YEAH.

HERE WE ARE. THIS PROJECT IS DEFINITELY GOT A LOT OF EMOTION IN THE COMMUNITY, WHICH IS UNDERSTANDABLE, BUT THERE'S SOME VERY UNPOPULAR FACTS THAT HAVE BEEN BUBBLING AROUND HERE.

AND I WANT TO HIGHLIGHT A COUPLE.

ONE THAT'S BEEN MISSED, THOUGH, IS THE SMART AND FINAL.

SO SMART AND FINAL WAS SLATED BY SMART AND FINAL CORPORATE TO BE SHUT AT THIS LOCATION A COUPLE OF YEARS AGO, BECAUSE IT'S ONE OF THE WORST PERFORMING SMART AND FINALS IN THE STATE OF CALIFORNIA.

SO THE FACT THAT IT'S STILL OPEN IS BECAUSE THE DEVELOPER HAS GREATLY REDUCED THE RENT AND ENCOURAGED IT TO PLEASE STAY OPEN DURING THIS TIME WHILE THIS WHOLE PROJECT IS BEING VETTED OUT.

SO THE FACT THAT SMART AND FINAL IS PROBABLY GOING AWAY ISN'T THE DEVELOPER'S FAULT.

IT WAS GOING AWAY ONE WAY OR ANOTHER BECAUSE OF ECONOMIC REASONS.

SECOND, AS HAS BEEN POINTED OUT BY STAFF AND OTHERS, THE DENSITY ISSUE THAT WE'RE DEALING WITH TONIGHT IS NOT A CARLSBAD ISSUE.

IT'S A STATE OF CALIFORNIA IMPOSITION UPON US.

AND IT'S SOMETHING EVERY CITY IS DEALING WITH.

AND AT THE CHAMBER, WE ARE MUCH LIKE THE RESIDENTS HERE.

WE DON'T WANT TO SEE THE CHARACTER OF THE VILLAGE LOST.

WE DON'T WANT TO SEE THAT CHANGED.

BUT IT'S NOT SOMETHING THAT IS WITHIN THE PURVIEW HERE.

IT'S SOMETHING THAT HAS TO BE DEALT WITH AT THE IN NOVEMBER AT THE ELECTION TO CHANGE WHO'S MAKING THESE RULES IN SACRAMENTO, BECAUSE IT'S BEING IMPOSED UPON US FROM ON HIGH AND WITH ALL THOSE ECONOMIC AND LEGISLATIVE REALITIES.

THE DEVELOPER TODAY TOOL HAS ACTUALLY DONE A VERY THOUGHTFUL JOB OF PUTTING A PROJECT TOGETHER.

YES. AS SOMEBODY MENTIONED AT THE VERY BEGINNING TONIGHT, WORKFORCE HOUSING IS SO IMPORTANT.

IT'S BRINGING WORKFORCE HOUSING.

IT'S BRINGING VERY LOW-INCOME AFFORDABLE HOUSING, WHICH IS NECESSARY.

THE PARKING IS GOING WAY ABOVE AND BEYOND WHAT'S REQUIRED.

IT'S ESTHETICALLY PLEASING, AND THE STREETSCAPE AND SETBACKS ARE MUCH LESS DRASTIC THAN COULD HAVE BEEN IMPOSED UPON THIS SITE BY A DEVELOPER WHO WANTED

[01:35:09]

SO IT'S WITHIN THE GENERAL PLAN.

IT'S WITHIN THE BARRIO AND VILLAGE MASTER PLAN.

IT CHECKS THE BOXES. IT'S GOING TO BRING BEAUTIFUL, FRESH RETAIL AND AT THE SAME TIME IT'S BEING DONE IN A SENSITIVE WAY.

WE LOVE THE ONE STORY, THE ONE-STORY RETAIL RIGHT ON THE STREET.

WE LOVE THAT. I MEAN, PUTTING ANOTHER FIVE STORY RIGHT ON CARLSBAD VILLAGE DRIVE WOULD BE HORRIBLE IN OUR OPINION.

THEY HAVEN'T DONE THAT. THEY LISTENED AND THEY CHOSE NOT TO DO THAT JUST BECAUSE THEY COULD.

WE LOVE THE 16-FOOT-WIDE SIDEWALKS THAT ARE COMING, THE SUSTAINABILITY.

WE ARE VERY EXCITED THAT THIS IS GOING TO UPSCALE THIS PROPERTY BECAUSE IT'S A GATEWAY INTO THE VILLAGE, OFF OF THE FREEWAY.

AND SO, FOR ALL THOSE REASONS, WE HOPE THAT YOU ADOPT THE STAFF RECOMMENDATION AND APPROVE IT TONIGHT.

THANK YOU VERY MUCH.

YEAH. CARLSBAD CHAMBER OF COMMERCE.

GOD BLESS. THE NEXT SPEAKER, PLEASE.

PERFECT. COMMISSIONERS ERIC BRUVOLD FROM THE SAN DIEGO NORTH ECONOMIC DEVELOPMENT COUNCIL, WE'RE AN ECONOMIC DEVELOPMENT ORGANIZATION THAT WORKS THROUGHOUT THE NORTH COUNTY, EVERYWHERE NORTH OF STATE ROUTE 56.

AND I'D LIKE TO ASK YOU TO DO TWO THINGS TONIGHT OR BRING MY COMMENTS IN TWO WAYS.

FIRST, AT A MACRO LEVEL PERSPECTIVE, AND THEN SOME EXAMPLES THAT WE KNOW FROM OTHER PLACES IN NORTH COUNTY.

REGARDING THE CONVERSATIONS THAT YOU'VE HAD TONIGHT WITH THE APPLICANT AND WITH STAFF, FIRST OF ALL, FROM THE MACRO VIEW IN 2013, IF WE LOOK AT CARLSBAD, THERE WAS ONE HOME FOR EVERY 1.7 JOBS THAT WERE IN YOUR REGION.

EASY FACT TO GO LOOK UP.

SIMPLE TO FIND.

OVER THE NEXT TEN YEARS, THE CITY OF CARLSBAD ADDED.

AND IT WAS GREAT THINGS THAT ECONOMIC DEVELOPERS WERE HAPPY ABOUT THAT, 10,000 NET NEW JOBS, BUT YOU ONLY ADDED 3000 NET NEW HOMES.

SO, YOU HAD THREE JOBS COMPETING, ACTUALLY MORE THAN THREE NET NEW JOBS COMPETING FOR EACH NEW HOUSE WHO SUFFERED FROM THAT.

TWO KINDS OF PEOPLE, THE PEOPLE THAT WERE IN THE WORKING CLASS THAT GOT PRICED OUT OF CARLSBAD, AND THE PEOPLE NOW THAT ARE EXILED TO REALLY SOUL CRUSHING COMMUTES, WHICH YOU CAN SEE ON THE 78 AND 15 EVERY DAY AS WORKERS AT CARLSBAD COMPANIES COMMUTE IN.

AND SO THE OPPORTUNITY TO ADD NET NEW HOUSING TO YOUR REGION, GIVEN CARLSBAD'S FRANKLY POOR RECORD OVER THE LAST DECADE, IS IMPORTANT.

A COUPLE OF THINGS THAT WERE MENTIONED, THOUGH, IN COMMENTS, AND I THINK THAT'S IMPORTANT.

ONE, IF WE LOOK AT OTHER GROUND FLOOR RETAIL IN SUBURBAN NORTH COUNTY, AND A GOOD EXAMPLE IS IN SAN MARCOS, AT THE PALOMAR STATION PROJECT THAT GROUND FLOOR RETAIL HAS STRUGGLED.

IT SITS VACANT NOW ALMOST A DECADE OVER AFTER THAT PROJECT WAS PUT IN PLACE.

AND YOU CAN SEE THAT IN OTHER EXAMPLES.

WE CAN GO INTO IT IN A MINUTE.

I'M NOT GOING TO BE ABLE THERE.

BUT THERE ARE GOOD ECONOMIC REASONS IN RETAIL BUSINESS OPERATIONS OF WHY THOSE HAVE STRUGGLED.

AND THEN FINALLY HEIGHT AND I GUESS I JUST I GUESS I'M SOMEWHAT UNSYMPATHETIC.

THE CITY OF SAN MARCOS APPROVED AND IS BUILDING RIGHT OUTSIDE MY OFFICE A 12-STORY APARTMENT BUILDING.

OCEANSIDE IS MOVING FORWARD ON EIGHT, NINE, TEN STORIES.

I KNOW THAT IT'S CHANGED FOR THE VILLAGE, BUT IT IS IMPORTANT THAT IF WE MEET OUR HOUSING NEEDS IN THIS REGION, WE ARE GOING TO HAVE TO GO VERTICAL OR WE ARE GOING TO EXILE PEOPLE TO MENIFEE, TO HEMET, TO THE IMPERIAL COUNTY, WHO ARE GOING TO COME IN FOR THE EMPLOYMENT THAT WE'RE CREATING IN NORTH COUNTY.

AND I DON'T THINK FROM AN ENVIRONMENTAL STANDPOINT OR AN EQUITY STANDPOINT, THAT IS REALLY THE KIND OF REGION WE WANT TO BE PART.

SO AGAIN, BEST OF LUCK TONIGHT.

I KNOW IT'S PASSIONATE, BUT THANK YOU FOR YOUR TIME.

THE NEXT SPEAKER IS PATTI SEGOVIA, KEVIN CROUSE, NINA ESPER.

PATTI SEGOVIA, KEVIN CROUSE, NINA ESPER.

THEY MIGHT BE OUTSIDE.

OKAY. SOMEONE'S COMING IN FROM OUTSIDE.

ONE OF THE THREE.

HELLO. HI.

MY NAME IS NINA.

I DON'T NORMALLY GET INVOLVED WITH STUFF LIKE THIS, BUT I'VE SEEN CHATTER ON SOCIAL MEDIA, AND I FELT COMPELLED TO USE MY VOICE.

THE HOUSING MARKET IS NOT WHAT IT WAS TEN, 20 OR EVEN FIVE YEARS AGO.

AND SAME WITH THE COST OF LIVING.

AND I'D VENTURE TO GUESS THAT MOST OF THE PEOPLE OPPOSING THIS PROJECT HAVE OWNED THEIR HOMES FOR DECADES, AND DON'T UNDERSTAND HOW MUCH HARDER IT IS RIGHT NOW TO LIVE.

MY BOYFRIEND AND I HAD TO LIVE WITH TWO OTHER ROOMMATES OF PASEO DEL NORTE FOR A YEAR, UNTIL WE WERE RECENTLY LUCKY ENOUGH TO FIND OUR OWN PLACE ABOUT A MILE FROM WHERE THIS

[01:40:02]

IT'S THAT PERSPECTIVE THAT I SUSPECT IS NOT NORMALLY CONSIDERED, AND I APPRECIATE THE DEVELOPER FOR PROPOSING A QUALITY, QUALITY HOUSING FOR A VARIETY OF INCOME LEVELS.

SO I SUGGEST PLEASE VOTE YES.

THANK YOU. THANK YOU.

THE NEXT SPEAKER IS AL WANNAMAKER.

I HAVE A GROUP, MARTIN DANNER, AND AFTER MARTIN IS CLARICE OS.

OKAY. GOOD EVENING, EVERYONE.

I'VE LIVED IN CARLSBAD FOR 33 YEARS.

PLEASE, COULD YOU STATE YOUR NAME, PLEASE? ALAN WANNAMAKER.

THANK YOU. AND I'M REALLY TIRED OF PEOPLE WHO DON'T LIVE HERE, LIVE IN ISOLATION, APPARENTLY IN SACRAMENTO, MAKING DECISIONS THAT THAT FALL ON US THAT THE PLANNING COMMISSION HAS TO GO ALONG WITH.

APPARENTLY, THEIR HANDS ARE TIED, BUT I THINK THAT, FIRST OF ALL, THE NAME OF THE PROJECT IS WRONG.

TAKE THE NAME VILLAGE OUT OF IT, BECAUSE I SEE.

THIS PROJECT AS ANOTHER NAIL IN THE COFFIN OF WHAT IT MEANS TO BE A VILLAGE.

TAKING AWAY SERVICES THAT PEOPLE NEED.

WE SAW THAT HAPPEN ON GRAND AVENUE.

800 GRAND, WHERE ALMOST 200 SMALL BUSINESSES WERE TAKEN AWAY ABOUT THREE YEARS AGO AND HAVE DISAPPEARED.

MORE SMALL BUSINESSES THAT PEOPLE NEED ARE GOING TO BE TAKEN AWAY, AND WE'RE GOING TO HAVE TO GET IN OUR CARS TO GO FURTHER OUT OF TOWN TO FIND WHAT WE NEED.

IT'S LAUGHABLE THAT THE STATE SAID THAT NO PARKING SPACES ARE NEEDED, AND YET THE DEVELOPER HAS COME UP WITH THE AMOUNT OF THE SPACES THAT HE NEEDS BECAUSE HE CAN'T SELL THE PROJECT WITHOUT PARKING SPACES.

WHO MAKES A DECISION LIKE THAT? NO PARKING SPACES NEEDED BECAUSE WE'RE IN THE IN THE TRANSPORTATION ZONE.

IT'S JUST LAUGHABLE.

THESE PEOPLE MAKE THESE KINDS OF DECISIONS THAT THEY DON'T HAVE TO LIVE WITH.

BUT WE DO.

AND I APPRECIATE THE PLANNING COMMISSION, THE WORK THEY DO, TIRELESS WORK THEY DO.

AND I REALIZE THAT YOUR HANDS ARE TIED BY SO MANY REGULATIONS THAT THAT THAT IT REALLY IS ALMOST.

THIS IS ALMOST A WASTE OF TIME.

YES, WE DO GET TO COME UP AND STATE OUR OPINIONS, AND I APPRECIATE THAT.

THANK YOU VERY MUCH.

MARTIN DANNER'S GROUP INCLUDES GEORGINA WALTERS, KENNETH LANGAN, CAN YOU MAKE YOURSELF KNOWN, PLEASE? YOU NEED TO BE PRESENT FOR HIM TO SPEAK.

YOU COULD STAND.

ANDRÉ ALCOVER.

KENNETH LANGAN.

HERE. THERE WE GO.

THANK YOU, MR. DANNER.

YOU CAN SPEAK. THANK YOU.

THANK YOU FOR USING YOUR CARDS, EVERYBODY.

MUCH APPRECIATED. POINT OF ORDER, PLEASE.

HI, MY NAME IS MARTIN DANNER, AND I APPRECIATE THE OPPORTUNITY TO SPEAK WITH YOU TODAY.

MY FAMILY MOVED TO CARLSBAD 65 YEARS AGO AND I CURRENTLY LIVE IN DISTRICT ONE.

TODAY I STAND WITH THOUSANDS OF OTHER CARLSBAD RESIDENTS, MANY OF WHOM YOU SEE IN THIS ROOM HERE WHO ARE OPPOSED TO THE DEMOLITION OF THE CARLSBAD VILLAGE PLAZA, PARTICULARLY THE LOSS OF THE BUSINESSES THAT RESIDE THERE.

WE'VE GATHERED OVER 3000 PETITION SIGNATURES, BOTH ONLINE AND IN PERSON, DEMONSTRATING THE WIDESPREAD CONCERN THIS PROJECT HAS ELICITED.

NOW, LET'S TAKE A CLOSER LOOK AT WHAT WE STAND TO LOSE HERE TONIGHT.

IF YOU VOTE TO RECOMMEND THE PROJECT TO THE CITY COUNCIL, YOU'LL BE PRONOUNCING A DEATH SENTENCE ON THE ESSENTIAL NEIGHBORHOOD BUSINESSES.

THESE BUSINESSES ARE VITAL TO THE HEALTH AND WELL-BEING OF YOUR RESIDENTS.

SMART AND FINAL, IT WAS MENTIONED THAT IT MIGHT BE LEAVING.

THAT'S HEARSAY AS FAR AS I'M CONCERNED.

NONE OF US KNOW THAT FOR SURE, BUT IT ISN'T A 25,000 SQUARE FOOT BUILDING.

IT'S A SUPERMARKET AND THIS 5800 SQUARE FOOT MINI MART THAT THEY'RE PROPOSING.

YOU CAN FIT FOUR OF THOSE INTO THE CURRENT SUPERMARKET.

THAT'S JUST NO COMPARISON WHATSOEVER.

THE DEVELOPER POINTS TO VALLEY FARM MARKET IN LA JOLLA AS THE TYPE OF STORE THEY WANT TO PUT INTO THEIR MINI MARKET BUILDING, BUT VALLEY FARM IS A WHOPPING 68% MORE EXPENSIVE THAN

[01:45:03]

NOW BARON'S MARKET WAS MENTIONED.

IT'S COMING TO THE VILLAGE, BUT IT'LL BE 20% SMALLER, 15,000FT² AND 20% MORE EXPENSIVE.

I ACTUALLY WENT TO THESE STORES RECENTLY AND CONDUCTED PRICE CHECKS.

THIS CHANGE WILL IMPACT THE WELL-BEING OF OUR RESIDENTS, ESPECIALLY THOSE ON FIXED INCOME, CREATING A FOOD DESERT FOR THEM.

THIS IS UNACCEPTABLE.

NOW TAKE THE CARLSBAD VILLAGE PHARMACY.

THIS SHOPPING CENTER IS HOUSED A PHARMACY SINCE DAY ONE.

THE PHARMACY IS CURRENTLY OWNED AND RUN BY A FATHER AND SON WHO KNOW THEIR CUSTOMERS BY NAME.

RITE AID HAS DECLARED BANKRUPTCY AND MAY NOT BE IN TAMARAC MUCH LONGER.

THE NEXT NEAREST PHARMACY IS WAY OUT IN EL CAMINO.

THIS IS UNACCEPTABLE.

OTHER STORES LIKE THE HARDWARE, IS VERY POPULAR AMONG LOCAL RESIDENTS.

THE NEXT NEAREST HARDWARE STORE IS IN OCEANSIDE, FOUR MILES AWAY.

FRENCH BAKERY IS CONSIDERED BY MANY TO BE THE BEST IN NORTH COUNTY.

THE THRIFT STORE OFFERS AFFORDABLE CLOTHING AND HOUSEHOLD ITEMS WITH PROCEEDINGS SUPPORTING BATTERED WOMEN, LAUNDROMAT, THE DRY CLEANERS, THE DRY, THE MEXICAN FOOD TAKEOUT AND EVEN THE VENERABLE GOLDEN T ARE POPULAR WITH THE LOCALS THIS SHOPPING CENTER OFFERS ONE STOP SHOPPING, ESPECIALLY IMPORTANT FOR NEARBY RESIDENTS WITH LIMITED MOBILITY OPTIONS. NOW HERE'S AN INTERESTING FACT THE VILLAGE AND THE BARRIO NEIGHBORHOODS CONTAIN THE HIGHEST CONCENTRATION OF LOW-INCOME HOUSEHOLDS AND SENIOR CITIZENS IN ALL OF CARLSBAD.

MANY OF THESE SENIORS CHOOSE THE DIGNITY OF AGING IN PLACE, AND MANY CAN NO LONGER DRIVE.

THIS PLAZA PROVIDES THEM WITH AFFORDABLE FOOD, MEDICINE, CLOTHING, AND HOUSEHOLD ITEMS, ALL WITHIN WALKING DISTANCE.

LOSS OF THESE ESSENTIAL SERVICES WILL IMPACT THE WELLBEING OF THESE PEOPLE, POSSIBLY EVEN FORCE LOW-INCOME RESIDENTS OUT OF THEIR HOMES.

ONCE THESE BUSINESSES LEAVE THE VILLAGE, THEY WON'T BE COMING BACK EVER.

DID THE PROCESS REVIEW PROCESS FOR THIS PROJECT TAKE THAT WELLBEING OF OUR CITIZENS INTO ACCOUNT? NO. PAGE EIGHT OF THE STAFF REPORT STATES THAT, QUOTE, THERE IS NO PREPONDERANCE OF EVIDENCE THAT THE PROJECT WOULD HAVE A SIGNIFICANT ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY. CLOSE QUOTE, WHEN CLEARLY BASED ON WHAT I JUST TOLD YOU, THAT'S FLAT OUT WRONG.

THE CITY PLANNER, MR. LARDY, SIGNED THE CEQA DETERMINATION OF ACCEPTANCE EXEMPTION REPORT ON FEBRUARY 29TH.

SIX CEQA STANDS FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT, WHICH HAS BEEN EXPLAINED EARLIER AND A PROJECT LIKE THIS WOULD NORMALLY REQUIRE AN ENVIRONMENTAL IMPACT REPORT, WHICH COVERS, AMONG OTHER THINGS, PUBLIC HEALTH AND SAFETY.

BUT THIS DEVELOPER REQUESTED AND RECEIVED A CEQA EXEMPTION THAT DOES AWAY WITH THE REQUIREMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT, REPLACING IT WITH A MUCH SMALLER ANALYSIS. PUBLIC HEALTH AND SAFETY WAS NOT ADDRESSED IN THIS STREAMLINED ANALYSIS.

THE DEVELOPER APPLIED FOR AND RECEIVED A CLASS 32 CATEGORICAL EXEMPTION.

HOWEVER, SEEK WITH SECTION 15300.2 LISTS IMPORTANT EXCEPTIONS THAT MUST BE CONSIDERED.

EXCEPTION B COVERS SIGNIFICANT EFFECT DUE TO UNUSUAL CIRCUMSTANCES.

QUOTE A CATEGORICAL EXEMPTION SHALL NOT BE USED FOR AN ACTIVITY WHERE THERE IS A REASONABLE POSSIBILITY THAT AN ACTIVITY WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT DUE TO UNUSUAL CIRCUMSTANCES.

CLOSE QUOTE. WELL, IN THIS CONTEXT, THE WORD ENVIRONMENT INCLUDES PUBLIC HEALTH AND SAFETY.

AND THIS IS SUPPORTED BY CASE LAW IN BERKELEY.

HILLSIDE PRESERVATION VERSUS CITY OF BERKELEY, 2015.

THE CALIFORNIA SUPREME COURT HELD THAT IF THERE IS A REASONABLE POSSIBILITY THAT A PROJECT MAY HAVE A SIGNIFICANT ENVIRONMENTAL EFFECT DUE TO UNUSUAL CIRCUMSTANCES, THE EXEMPTION DOES NOT APPLY.

THE COURT EMPHASIZED THAT UNUSUAL CIRCUMSTANCES MUST BE CONSIDERED, AND THESE CAN INCLUDE IMPACTS ON PUBLIC HEALTH AND SAFETY.

HOWEVER, WE'VE BEEN TOLD OVER AND OVER BY MR. LARDY THAT WE CANNOT APPEAL THIS EXEMPTION.

HERE'S THE PERVERSE THING ABOUT THIS SITUATION.

THE EXEMPTION WAS GRANTED UNILATERALLY BY MR. LARDY. NO PUBLIC HEARING WAS REQUIRED, AND NONE WAS HELD.

THE APPEAL PERIOD LASTED A SCANT TEN DAYS, FAR TOO SHORT A TIME FOR ANYONE, REPEAT ANYONE, TO REVIEW THIS HIGHLY TECHNICAL SECRET EXEMPTION PACKAGE THAT TOOK THE DEVELOPER AND THE CITY MONTHS TO PREPARE AND REVIEW.

HERE'S THE BOTTOM LINE THIS APPEAL PROCESS IS UNFAIR AND UNJUST.

NOW, I JUST COVERED A LOT OF INFORMATION THERE.

SO LET ME SUMMARIZE ONE.

THE VILLAGE AND BARRIO NEIGHBORHOODS CONTAIN THE HIGHEST CONCENTRATION OF LOW-INCOME HOUSEHOLDS AND SENIOR CITIZENS IN CARLSBAD TWO, THE PLAZA PROVIDES THEM WITH AFFORDABLE FOOD, MEDICINE, CLOTHING, AND HOUSEHOLD ITEMS, ALL WITHIN WALKING DISTANCE.

THREE THE CEQA EXEMPTION WAS BASED ON THE ASSERTION THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, I.E.

PUBLIC HEALTH AND SAFETY DUE TO UNUSUAL CIRCUMSTANCES.

EXCEPTION B FOR THIS ASSERTION IS FALSE BECAUSE A, THE DESTRUCTION OF THE SHOPPING CENTER IS AN UNUSUAL CIRCUMSTANCE IN PROJECTS LIKE THIS, AND B, THE IMPACT ON THE WELL-BEING OF NEARBY RESIDENTS CONSTITUTES A SIGNIFICANT IMPACT ON THE ENVIRONMENT, I.E.

[01:50:01]

NOW, IT CAN BE FURTHER ARGUED THAT THIS PROJECT ALSO VIOLATES EXCEPTION.

A CUMULATIVE IMPACT WHICH STATES QUOTE, ALL EXEMPTIONS FOR THESE CLASSES ARE INAPPLICABLE WHEN THE CUMULATIVE IMPACT OF THE SAME TYPE OF PROJECT IN THE SAME PLACE OVER TIME IS SIGNIFICANT, UNQUOTE.

MY FELLOW RESIDENT WILL SHOW THAT ADDITIONAL PROJECTS OF THIS SAME TYPE ARE IN THE PLANNING STAGES, CREATING HUNDREDS MORE RESIDENCES IN THIS VERY SAME NEIGHBORHOOD THAT WILL NEGATIVELY IMPACT THE WEATHER, WILL BE NEGATIVELY IMPACTED BY THE ABSENCE OF THE SHOPPING CENTER.

MORE NOISE, MORE TRAFFIC, MORE LOW-INCOME RESIDENTS WHO NEED AFFORDABLE FOOD, MEDICINE, CLOTHING, ETC.

YOU GET THE POINT.

FOR ALL THE ABOVE REASONS, I PROPOSE THAT THE CEQA DETERMINATION EXEMPTION DOES NOT APPLY IN THIS INSTANCE TO THIS PROJECT BECAUSE THE CONDITIONS FOR EXEMPTIONS A AND B HAVE NOT BEEN MET.

THEREFORE, THIS PROJECT REQUIRES A COMPLETE ENVIRONMENTAL IMPACT REPORT THAT TAKES INTO ACCOUNT THE HEALTH AND SAFETY OF THE RESIDENTS, NOT JUST THE 600 FOOT RADIUS THAT HAS BEEN NOTIFIED, BUT THE ENTIRE NEIGHBORHOODS OF THE VILLAGE AND THE BARRIO.

IN THIS DAY AND AGE OF DIVISIVENESS AND TURBULENCE, PLEASE KEEP IN MIND THE IMPORTANCE OF COMPASSION FOR OUR FELLOW HUMAN BEINGS.

THIS PRINCIPLE STANDS AT THE HEART OF ANY THRIVING SOCIETY, FOSTERING A SENSE OF BELONGING AND MUTUAL SUPPORT.

YOUR JOB IS TO STEER DEVELOPMENT IN A WAY THAT PROMOTES THE HEALTH, SAFETY AND WELFARE OF ALL THE CITIZENS OF CARLSBAD.

THE PUBLIC NO LONGER HAS THE OPTION TO APPEAL THE CEQA DETERMINATION OF EXEMPTION.

HOWEVER, AS COMMISSIONERS, YOU FOLKS HAVE THE LEGAL RIGHT TO DO THAT.

YOU HAVE THE RIGHT TO REJECT THIS FAULTY EXEMPTION AND TO DEMAND A PROPER ENVIRONMENTAL IMPACT REPORT.

YOU CAN DO THAT. AND I ASK YOU THAT YOU PLEASE DO IT FOR US, YOUR CITIZENS, YOUR LOYAL CITIZENS.

THANK YOU.

CLARISSE OSS OR CLARISSE OSS.

HI, MY NAME IS CLARICE OSS.

I'M AN ICU NURSE AND I LIVE IN CARLSBAD.

FOR THE LAST 15 YEARS.

I'M TALKING ON BEHALF OF JEAN ISABEL.

SO HERE GOES. MY NAME IS JEAN ISABEL.

MY FAMILY MOVED TO CARLSBAD IN 1956, THE YEAR I WAS BORN.

I'M COMPELLED TO SPEAK TO YOU TODAY.

BECAUSE OF PUBLIC HEALTH AND SAFETY.

SAFETY THREAT THIS REDEVELOPMENT PROJECT AND POSES AS A PUBLIC HEALTH SCHOOL NURSE FOR THE LAST 29 YEARS IN OCEANSIDE SCHOOL DISTRICT. I WANT TO ADDRESS THE NEGATIVE IMPACTS THIS PROPOSAL WILL HAVE ON THE RESIDENTS AND SENIORS, ESPECIALLY THE LOW-INCOME INDIVIDUALS WITH IMMOBILITY ISSUES IN THE BARRIO AND OLD CARLSBAD NEIGHBORHOOD.

LIVE WELL SAN DIEGO, A VISION CREATED IN 2010, AIMS TO MAKE LIVES SAFER, HEALTHIER AND MORE SELF-SUFFICIENT.

THE CARLSBAD VILLAGE PLAZA IS THE ONLY RETAIL IN THE VILLAGE THAT PROVIDES ESSENTIAL SERVICES SUCH AS A PHARMACY, PRODUCE AND A HARDWARE STORE ALL IN ONE STOP.

THIS ACCESSIBILITY IS CRUCIAL FOR THE MENTAL AND PHYSICAL HEALTH OF OUR COMMUNITY.

CRIME IS ON THE RISE AND OUR POLICE DEPARTMENT IS UNDERSTAFFED.

A HIGH-RISE, HIGH-DENSITY BUILDING WILL INCREASE CRIME POSE SIGNIFICANT CHALLENGES FOR EMERGENCY RESPONDERS SUCH AS MYSELF.

THE IMPOSED REDEVELOPMENT, WITH ITS LIMITED ACCESS, WILL NEGATIVELY IMPACT THE SAFETY OF ALL CARLSBAD RESIDENTS, ESPECIALLY THE ONES IN THE BUILDING.

CHILDREN WALK OR BIKE TO SCHOOL ON BUSY STREETS, AND RESIDENTS LIVING CLOSE TO FREEWAY EXHAUST FUMES FACE INCREASED HEALTH RISK. THOSE THAT SHOP AT THE VILLAGE WILL HAVE TO TRAVEL FARTHER, NOW, IMPACTING THEIR PHYSICAL AND MENTAL HEALTH.

THIS IS PARTICULARLY BURDENSOME FOR THE SENIORS AND LOW RESIDENTS, LOW-INCOME RESIDENTS WHO RELY ON THESE LOCAL SERVICES.

THE CHARACTER OF CARLSBAD VILLAGE IS UNDER THREAT.

THE IMPOSED FIVE STORY APARTMENT BUILDING WILL IRREVERSIBLY DESTROY THE VILLAGE ATMOSPHERE.

218 APARTMENTS, WITH 27 DESIGNATED AS LOW INCOME WILL NOT ADDRESS THE AFFORDABLE HOUSING CRISIS.

HAVING OUR KIDS, FRIENDS AND SENIORS WALK TO THESE LOCAL STORES, WALK BECAUSE THEY'RE RIGHT AROUND THE CORNER TO GET THEIR LOCAL DRY CLEANING. MEDICATIONS OR FRESH PRODUCE IS WHAT MAKES CARLSBAD SO GREAT AND AMAZING.

DON'T. PLEASE DON'T LET THEM TAKE THAT AWAY.

PLANNING COMMISSIONERS SPEAK AND REPRESENT US.

THE RESIDENTS OF CARLSBAD VOTE NO ON THIS HARMFUL PROJECT.

THANK YOU. THE NEXT SPEAKER IS CHRISTINE WRIGHT ON BEHALF OF THE GROUP, DARLENE GILLIS.

[01:55:08]

DIANE BEDROSIAN, THANK YOU.

GO AHEAD. CHRIS.

HELLO. OH THANK YOU SO MUCH I GOT IT NOW.

IS THERE A CLICKER? THANK YOU.

HOW DO YOU WORK IT.

OKAY. THIS IS TO ADVANCE.

THANK YOU. PLEASE RESET BECAUSE I'M STILL LEARNING.

I'D LIKE YOU TO RESET TO TEN MINUTE.

THANK YOU SO MUCH.

GREETINGS. MY NAME IS KRIS WRIGHT.

FIRST, I'D LIKE TO THANK THE MEMBERS OF THE COMMISSION FOR VOTING TO CONTINUE THE HEARING.

THIS PROJECT IS FLAWED.

IT REMOVES AN ESSENTIAL SHOPPING CENTER THAT IS NEEDED FOR NOT ONLY THE VILLAGE, THE BARRIO, BUT SURROUNDING AREA NEIGHBORHOODS.

I WILL SHOW THAT THE APPLICANT HAS FAILED TO COMPLY WITH COUNCIL POLICY 84 AND THE ENHANCED STAKEHOLDER OUTREACH P21 REQUIREMENTS FOR DISCRETIONARY PROJECTS. THE REMOVAL OF THIS SHOPPING CENTER REFLECTS THE WORST OF OUR STATE AND CITY LAWS AND CREATES A FOOD DESERT FOR CERTAIN VULNERABLE MEMBERS OF OUR COMMUNITY.

PLEASE NOTE IN THE SLIDE MEEKO'S RESTAURANT, WHICH CLOSED SEVERAL YEARS AGO, OUTLINED IN RED FOR FURTHER REFERENCE.

I WAS ABLE TO FIND SIX SENIOR FACILITIES IN THE VILLAGE, NOT COUNTING ADUS, WITH FOUR OF THEM COMBINED CONTAINING 230 AFFORDABLE UNITS WHO ARE MANAGED BY THE CITY. ANOTHER CARLSBAD BY THE SEA HAS AN ADDITIONAL 160 UNITS CONTAINING RETIRED SENIORS AND IS AT CAPACITY.

MANY OF THESE SENIORS CURRENTLY WALK TO THE CARLSBAD VILLAGE PLAZA TO MEET THEIR IMMEDIATE NEEDS, SUCH AS PHARMACY, DISCOUNT GROCERY WHICH ACCEPTS EBT, FOOD STAMPS, LAUNDRY, CLOTHING, AND ATM WITH A HIGH-END STORE MAY NOT ACCEPT EBT.

WITH THE LOSS OF THESE AFFORDABLE AMENITIES, MANY SENIORS WHO ARE UNABLE TO DRIVE OR ON A FIXED INCOME OR ARE WITHOUT TRANSPORTATION WILL SUFFER. ACCORDING TO THE PUBLICATION LIVE WELL, COUNTY OF SAN DIEGO 2 TO 2018.

EXCUSE ME 2018 TO 2022 11.4 OF SENIORS 65 AND OVER IN CARLSBAD LIVE BELOW THE FEDERAL POVERTY LEVEL. THE VILLAGE CONTAINS THE HIGHEST CONCENTRATION OF LOW-INCOME FAMILIES AND SENIORS IN CARLSBAD, AND WITHIN A WEEK, PACIFIC WIND IN THE BARRIO WILL OPEN WITH 93 AFFORDABLE UNITS FOR FAMILIES.

THERE ARE NO PROMISES FOR A DISCOUNT STORE ONCE THE CENTER IS DEMOLISHED.

THIS FORCES RESIDENTS TO GET INTO THEIR CARS AND DRIVE TO SERVICES MUCH FURTHER AWAY.

THIS IS NOT THE PURPOSE OF SB 743, WHICH ENCOURAGES CALIFORNIANS TO DRIVE LESS.

NOTE AT THE EXTREME CORNER RIGHT HAND CORNER IS THE VIOLENCE AND RITE AID PHARMACY, ABOUT 1.4 MILES AWAY FROM THE PLAZA.

IT IS DIFFICULT FOR MANY SENIORS TO WALK THAT DISTANCE AND CARRY GROCERIES BACK TO THEIR APARTMENTS.

THE CITY PLANNER FAILED TO ADHERE TO COUNCIL POLICY 84 AND THE ENHANCED STAKEHOLDER OUTREACH.

THE PLANNER REACHED OUT ONLY TO A FEW RESIDENTS AND NOT TRUE STAKEHOLDERS WHO SHOP AT THE ONLY SHOPPING CENTER IN THE VILLAGE.

STAFF FAILED TO FLAG THE PROJECT AS AN ENHANCED STAKE OUT, ENHANCED STAKEHOLDER OUTREACH PROJECT, AND TO INCLUDE DEVELOPER CONTACT INFORMATION IN THEIR ONLINE PLANNING PENDING APPLICATION REPORTS.

THESE MISSING DETAILS ARE CONSIDERED MANDATORY ELEMENTS OF THE OUTREACH PROCESS BY THE CITY'S POLICY AND GUIDANCE DOCUMENTS.

EVEN THE PLACEMENT OF THE YELLOW NOTIFICATION SIGN IS SUSPECT.

I TOOK THIS PHOTO OF THE YELLOW CITY NOTIFICATION FROM WESTBOUND CARLSBAD VILLAGE DRIVE.

IT APPEARS FROM THE STREET THAT THE MIKKO'S RESTAURANT IS GOING TO BE DEMOLISHED.

NOTE YOU CANNOT SEE THE SIGN FROM NEARBY SMART AND FINAL.

THIS IS A CLOSER LOOK, TAKEN FROM ABOUT A FOOT AWAY WHERE THE PUBLIC CAN ACTUALLY READ THE SIGN THAT THE.

THAT THE ENTIRE SHOPPING CENTER WILL BE DEMOLISHED.

MOST USERS OF THE PLAZA DO NOT COME TO THE SPOT, AND IT IS IMPOSSIBLE TO READ FROM THE STREET.

THE PLACEMENT OF THE SIGN IS IN THE WRONG PLACE AND MISLEADS THE PUBLIC INTO THINKING THE MIKKO'S RESTAURANT WILL BE REPLACED.

THE CITY COUNCIL POLICY 84 REQUIRES AN ELEVATED LEVEL OF PUBLIC REVIEW.

ENHANCED STAKEHOLDER OUTREACH ON A LARGE DEVELOPMENT SUCH AS THIS.

THIS OUTREACH REQUIRES ENGAGING THE PUBLIC ON A PROJECT, NOT JUST POSTING A YELLOW SIGN.

ENHANCED STAKEHOLDER OUTREACH IS REQUIRED FOR 50 OR MORE RESIDENTIAL UNITS.

[02:00:05]

UNFORTUNATELY, THE DEVELOPER CHOSE NOT TO ENGAGE THE PUBLIC, BUT ONLY CHOSE TO SET UP A WEBSITE THAT'S DIFFICULT TO FIND WITHIN THIS SITE.

DEVELOPER. THE DEVELOPER FAILED TO DISCLOSE KEY DETAILS ABOUT THEIR PROJECT, INCLUDING RESIDENTIAL SQUARE FOOTAGES, BUILDING HEIGHTS, A DESCRIPTION OF THE REVIEW PROCESS, AND THE PROJECT TIMELINE.

THERE ARE NO PUBLISHED INTERACTIVE QUESTIONS AND ANSWERS FROM THE PUBLIC, BUT ALLOWS THE DEVELOPER TO CHOOSE WHICH QUESTION, IF ANY, TO ANSWER, IF ANY.

THIS IS NOT ENGAGING THE PUBLIC.

THE GOAL STATES THAT THEY SHOULD, QUOTE, ENABLE THE GREATEST NUMBER OF STAKEHOLDERS TO PROVIDE MEANINGFUL INPUT, UNQUOTE.

ALSO, THE POLICY ENCOURAGE FACE TO FACE MEETINGS AND OPEN HOUSES SO THAT THE DEVELOPER AND THE PUBLIC CAN INTERACT.

ALL I COULD FIND ON OUTREACH WAS THE APPLICANT'S WEBSITE AND TWO MEETINGS WHERE ONE WAS HELD ON A TUESDAY MORNING AT 8 A.M.

WITH THE CARLSBAD VILLAGE ASSOCIATION, AND THE OTHER WAS GIVEN TO THE CARLSBAD CHAMBER OF COMMERCE.

BOTH ORGANIZATIONS ARE MEMBERSHIP ONLY, AND THE LATTER ONE HAS MEMBERS FROM THROUGHOUT SAN DIEGO.

ABSOLUTELY NO OUTREACH WAS DONE TO FOR THE GENERAL PUBLIC.

I WAS HOPING DURING THIS PAST CONTINUANCE THAT THE APPLICANT AND HIS ATTORNEY AND PROJECT MANAGER, JONATHAN FRANKEL, WOULD CONDUCT PUBLIC OUTREACH, BUT NOTHING WAS DONE.

ON FEBRUARY 20TH, THE PROJECT PLANNER, A 2024, WROTE THE FOLLOWING EMAIL TO CITY PLANNER MR. LARDY. THIS EMAIL IS PUBLIC RECORD, AND IT STATES THAT DESPITE BEING TOLD WHAT WAS NEEDED FOR PUBLIC OUTREACH AND THE CITY PROJECT PLANNER FELT THAT, QUOTE, THE APPLICANT DIDN'T DO ANYTHING, UNQUOTE.

ALSO, HE WROTE, QUOTE, I GOT THE IMPRESSION THAT ALL FRANKL HE, FRANKL DID WAS TO SET UP A WEBSITE DIRECTING PEOPLE TO THE PROJECT AND A PLACE TO COMMENT, BUT THEN DID NOTHING TO RESPOND TO COMMENTS OR INCORPORATE ANY PUBLIC SUGGESTIONS, UNQUOTE.

THIS IS THE GUIDANCE USED FOR PUBLIC INVOLVEMENT 2018, ABBREVIATED P21, PAGE ONE OF THE GUIDANCE P 21, GIVES THE PURPOSE OF PUBLIC INVOLVEMENT.

THERE HAS BEEN NO TRANSPARENCY OR CONNECTION WITH THIS DEVELOPER.

THE PROCESS UNDER ENHANCED STAKEHOLDER OUTREACH IN THIS DOCUMENT REQUIRES ADDITIONAL PUBLIC ENGAGEMENT FOR MORE COMPLEX, FOR MORE COMPLEX PROJECTS OVER 50 UNITS.

THE PURPOSE OF THE OUTREACH IS NOT TO INFORM THE PUBLIC, BUT TO ENGAGE THE PUBLIC.

CONCLUSIONS. THE APPLICANT HAS NOT SATISFIED CITY REQUIREMENTS OF PUBLIC OUTREACH TO THE PROJECT.

PLANNER HAS WARNED THE DEVELOPER THAT THERE HAS BEEN NO OUTREACH DONE YET.

THE CITY PLANNER SIGNED OFF ON IT.

THREE ACCORDING TO CENSUS, APPROXIMATELY 3500 SENIORS LIVE IN THE VILLAGE AND BARRIO.

MANY OF THESE SENIORS RELY ON THE PROXIMITY OF DISCOUNT GROCERY STORE, PHARMACY, BARBER, AND LAUNDRY FACILITIES.

SOME CANNOT DRIVE WILL FACE HARDSHIP IF THIS PLAZA IS DEMOLISHED.

THERE IS NO GUARANTEE OF ANY GROCERY STORE OR PHARMACY IN THE PLANS FOR THIS PROJECT.

FOR THE CITY PLANNER HAS NOT ADEQUATELY INFORMED THE STAKEHOLDERS OF THIS PLAZA AND NOTICES WERE NOT ADEQUATELY PLACED.

WE AS A GROUP WOULD LIKE TO ASK COMMISSION FOR THREE THINGS.

SHOULD YOU VOTE TO APPROVE ONE TO RECOMMEND TO THE CITY COUNCIL THAT THEY REMAND THE CEQA NOTICE OF EXEMPTION BACK TO THE PLANNING DEPARTMENT AND TO REOPEN THE PUBLIC COMMENT PERIOD? TWO TO ASK FOR CONDITION OF APPROVAL THAT A DISCOUNT GROCERY STORE AND PHARMACY BE BUILT AT THIS LOCATION.

THREE FINALLY, TO SEND A MESSAGE TO COUNCIL BY YOUR VOTE, IF YOU ALL CHOOSE TO VOTE FOR PASSING THIS PROJECT, THEN A 7 TO 0 CAN TELL THE COUNCIL YOU ALL AGREE THAT EVERYTHING WAS DONE PROPERLY, THAT YOU FOUND NO FAULT WITH THE PROJECT.

HOWEVER, IF YOU AGREE WITH ME AND DECIDE THAT THIS PROJECT IS INCOMPLETE WITH INADEQUATE PUBLIC OUTREACH, PLEASE VOTE NO.

A MESSAGE OF 4 TO 3 SPEAKS MUCH DIFFERENTLY THAN A MESSAGE OF 7 TO 0.

THANK YOU, COMMISSIONERS.

THE NEXT SPEAKER IS STEVE LINKE.

ON BEHALF OF THE GROUP, PENNY JOHNSON.

LUCY. LUCY SERGEANT.

ELIZABETH DEJONG.

VIVIAN KIDDOO.

THANK YOU.

GOOD. GOOD EVENING.

I'M FORMER TRAFFIC COMMISSION VICE CHAIR STEVE LINKE AND I WILL FOCUS ON VEHICLE MILES TRAVELED IMPACTS.

THIS PROJECT WAS ERRONEOUSLY GRANTED A CEQA VMT EXEMPTION BASED ON FAULTY INFORMATION PROVIDED BY THE DEVELOPER.

BUT THE COMMISSION STILL HAS THE POWER TO RECOMMEND CHANGES.

CONDITIONS OF APPROVAL TO ENSURE THAT ITS ENVIRONMENTAL IMPACTS REMAIN LESS THAN SIGNIFICANT FOR THOSE WHO ARE NEW TO VMT.

[02:05:06]

THE HIGHER THE VMT, THE MORE GREENHOUSE GASES AND POLLUTION ARE PRODUCED.

AND IT'S THE METHOD OF MEASURE FOR ENVIRONMENTAL IMPACTS OF VEHICLE TRIPS.

CARLSBAD VILLAGE PLAZA INCLUDES A DOZEN LOCAL SERVING RETAIL STORES.

THESE EXISTING STORES REDUCE AREA VMT BECAUSE THE MORE LOCAL RETAIL THAT IS DISTRIBUTED AROUND A COMMUNITY, THE LESS DISTANCE PEOPLE HAVE TO DRIVE TO SHOPPING AND SERVICES.

HOWEVER, THE PROJECT WILL DEMOLISH ALL OF THESE STORES AND ELIMINATE NEARLY 80% OF THE RETAIL SQUARE FOOTAGE, WHICH WILL FORCE CUSTOMERS TO DRIVE FARTHER ON AVERAGE.

IN PLACE OF THE RETAIL, THE PROJECT ADDS 218 NEW APARTMENTS.

AND WHILE THIS IS GOOD FOR THE CITY'S HOUSING NUMBERS FROM AN ENVIRONMENTAL STANDPOINT, THESE NEW RESIDENTS WILL BE ADDING ALL NEW VEHICLE MILES TRAVELED, CREATING A DOUBLE HIT.

WHEN COMBINED WITH THE LOSS OF RETAIL THAT THEY'RE DEMOLISHING, THE CITY AND STATE HAVE GUIDELINES ON HOW TO ANALYZE VMT IMPACTS ON THE TRAFFIC COMMISSION.

I LED THE REVIEW OF THESE GUIDELINES SHOWN HERE.

ON THE RIGHT IS PART OF CARLSBAD'S RESIDENTIAL VMT MAP, WHICH THE GUIDELINES IDENTIFY AS THE PREFERRED VMT ANALYSIS METHOD.

EACH ZONE IS ASSIGNED A PERCENTAGE THAT REFLECTS THE AVERAGE DAILY MILEAGE TRAVELED BY RESIDENTS IN THAT ZONE, RELATIVE TO THE CITYWIDE AVERAGE.

THE CARLSBAD VILLAGE MIXED USE PROJECT SITE IS IN THE ZONE HIGHLIGHTED IN YELLOW, AND THAT ZONE IS 95% OF THE CITY AVERAGE.

BASED ON ITS LOCATION, INCLUDING ITS PROXIMITY TO THE TRAIN STATION, THE CURRENT EXISTENCE OF CARLSBAD VILLAGE PLAZA, ETC.

THAT IS 10% HIGHER THAN THE 85% CEQA THRESHOLD OF SIGNIFICANCE, MEANING THAT THE PROJECT WOULD BE REQUIRED TO IMPLEMENT MITIGATION MEASURES TO REDUCE ITS VEHICLE USAGE BY ITS RESIDENTS BY THAT 10%, AND THE REMOVAL OF THE SHOPPING CENTER WOULD ONLY INCREASE THAT NEED IN THAT ZONE.

BUT THE DEVELOPER CHOSE A DIFFERENT METHOD INVOLVING CALCULATION OF THE.

NET CHANGE IN VMT INSTEAD OF THE PREFERRED VMT MAP METHOD IN ORDER TO ACHIEVE ITS CEQA EXEMPTION.

WHEN THIS NET CHANGE METHOD IS USED, THE GUIDELINES SAY THE CARLSBAD AND STATE GUIDELINES SAY THAT THE CALCULATION MUST ADDRESS THE QUOTE FULL AREA OVER WHICH THE PROJECT AFFECTS TRAVEL BEHAVIOR.

THE DEVELOPER ACKNOWLEDGES IN ITS OWN ANALYSIS THAT NONE OF THE VEHICLE MILEAGE CURRENTLY GOING TO CARLSBAD VILLAGE PLAZA WILL DISAPPEAR AFTER ITS DEMOLITION.

THE MILEAGE AND THE ASSOCIATED POLLUTION WILL JUST BE DIVERTED TO SUBSTITUTE STORES IN THE SURROUNDING AREA, BECAUSE PEOPLE WON'T AND CAN'T JUST STOP THEIR SHOPPING AND ERRANDS ONCE THE STORES ARE DEMOLISHED.

HOWEVER, THE DEVELOPER INAPPROPRIATELY, INAPPROPRIATELY SUBTRACTED ALL OF THAT MILEAGE FROM THE NEW MILEAGE THAT WILL BE CREATED BY ITS APARTMENT RESIDENTS.

THAT'S GOING TO BE HARD TO SEE UNDER THAT NUMBER, BUT IT'S NOT OKAY TO JUST NARROWLY MEASURE THE VMT CHANGE AT THE PROJECT SITE.

THE NET EFFECT OF THE PROJECT ON AN ON AREA WIDE TRAVEL BEHAVIOR MUST BE ASSESSED ACCORDING TO THE GUIDELINES.

THIS IS THE DEVELOPERS RATHER COMPLICATED VMT CALCULATION TABLE.

FOR NOW, JUST FOCUS ON THE EXISTING MILEAGE ENTRY IN THE RED BOX AT THE BOTTOM NEXT TO THE RED ARROW.

THE DEVELOPER IS SUBTRACTING THE NEARLY 46,000 DAILY MILES THEY ESTIMATE ARE GOING TO THE EXISTING SHOPPING CENTER.

THE PROJECT IS NOT RESPONSIBLE FOR CREATING THOSE MILES, SO THEY DO NOT NEED TO ADD THEM, BUT BECAUSE THE PROJECT IS NOT ELIMINATING ANY OF THOSE MILES, IT IS NOT APPROPRIATE TO SUBTRACT THEM WHEN CALCULATING ITS NET EFFECT ON AREA WIDE VMT.

ONLY THROUGH THIS HUGE SUBTRACTION WAS THE DEVELOPER ABLE TO GET THE CEQA EXEMPTION BY CLAIMING THE NET VMT REDUCTION OF OVER 20,000 DAILY MILES AT THE BLUE ARROW.

AGAIN, IT'S NOT OKAY TO JUST MEASURE VMT AT THE PROJECT SITE, YOU HAVE TO LOOK AT THE NET EFFECT ON THE AREA WIDE TRAVEL BEHAVIOR.

OKAY. THIS IS AN EXPERIMENT HERE.

FOR THOSE WHO ARE MORE VISUAL, HERE'S A CRUDE SCHEMATIC MAP TO HELP EXPLAIN THE CONCEPT.

THE YELLOW BOXES REPRESENT SEPARATE RETAIL AREAS, WITH THE MIDDLE ONE BEING CARLSBAD VILLAGE PLAZA AND THE BLUE AREAS REPRESENTING SURROUNDING RESIDENTIAL AREAS.

AND THE ARROWS ARE TRIPS BY CURRENT RESIDENTS TO THE EXISTING STORES AFTER THE PROJECT IS BUILT, THE RETAIL AREA WILL BE REDUCED TO ABOUT 20% OF ITS ORIGINAL SIZE AND ABOUT 80% OF THE PREEXISTING TRIPS AND MILEAGE WILL BE DIVERTED TO SUBSTITUTE STORES IN THE SURROUNDING AREA.

BUT IN THE DEVELOPER'S NET VMT CALCULATION, THEY PRETEND AS IF THEIR PROJECT IS ELIMINATING ALL OF THAT MILEAGE.

POOF. ALL GONE.

THE PROJECT TAKES INAPPROPRIATE CREDIT FOR GETTING RID OF THOSE 46,000 MILES PER DAY THAT ARE STILL BEING DRIVEN WITH ALL ITS ASSOCIATED POLLUTION.

HERE'S ANOTHER INAPPROPRIATE SUBTRACTION IN THEIR VMT ANALYSIS FOR SO-CALLED INTERNAL CAPTURE.

LOOK AT THE BLUE BOX.

THIS IS TRIPS INTERNAL CAPTURE FOR TRIPS THAT THE APARTMENT RESIDENTS WILL TAKE TO THE THREE ON SITE STORES THAT WILL NOT REQUIRE VEHICLE TRIPS.

[02:10:09]

THE SUBTRACTION IS USUALLY LIMITED TO ABOUT 10% WITH A JUSTIFICATION, AND THAT IS WHEN THE MIXED USE USUALLY INCLUDES LARGER, FREQUENTLY VISITED STORES, AS OPPOSED TO THREE SMALL BOUTIQUE STORES.

ALL RIGHT, THIS IS ANOTHER COMPLICATED ONE, BUT THIS IS A MORE REASONABLE VMT CALCULATION.

IT STARTS WITH THE DEVELOPER'S OWN RESIDENTIAL MILEAGE.

THE 13,000 SUBTRACTS A GENEROUS 10% RESIDENTIAL INTERNAL CAPTURE AND FINISHES WITH THE DEVELOPER'S OWN DISPLACED MILEAGE FOR THE ADDITIONAL DISTANCE THAT PEOPLE WILL HAVE TO TRAVEL TO THE HARDWARE AND GROCERY STORE.

THE NET RESULT IS AN INCREASE OF OVER 19,000 DAILY VEHICLE MILES TRAVELED, WHICH IS ACTUALLY OVER 38,000 ROUND TRIP MILES PER DAY AS COMPARED TO THE CLAIMED NET DECREASE OF OVER 20,000.

I MET WITH STAFF ON JUNE 27TH TO DISCUSS THESE CALCULATION DIFFERENCES, AND ONE OF THE ARGUMENTS THEY MADE WAS THAT MY REFERENCES TO AREA WIDE VMT ONLY APPLY TO GENERAL MODELING AND NOT INDIVIDUAL PROJECTS, BUT HERE'S LANGUAGE FROM THE CITY GUIDELINES INDICATING AREA WIDE VMT AT THE PROJECT LEVEL, INCLUDING A VERY SPECIFIC EXAMPLE THAT PERFECTLY FITS THE CARLSBAD VILLAGE MIXED USE PROJECT, ELIMINATION OF GROCERY AND OTHER LOCAL RETAIL AND THE STATE GUIDANCE SAYS WHEN CALCULATING THE NET EFFECT OF A PROJECT ON VMT, THE ANALYSIS SHOULD ADDRESS THE FULL AREA OVER WHICH THE PROJECT AFFECTS TRAVEL BEHAVIOR.

THE PROJECT ALSO SOUGHT A CEQA VMT EXEMPTION BASED ON IT BEING WITHIN ONE HALF MILE OF CARLSBAD TRAIN STATION, BUT THERE ARE EXEMPTIONS EXCEPTIONS TO THAT THAT DISQUALIFY IT. ONE OF THEM IS IF IT GENERATES SIGNIFICANT LEVELS OF VMT, WHICH I'VE JUST SHOWN YOU 38,000 PER DAY PLUS ITS HIGH LEVELS OF PARKING, WITH THE BASELINE DEFINITION OF HIGH LEVELS MEANING MORE PARKING THAN IS REQUIRED BY THE JURISDICTION.

AND IF YOU LOOK AT THE PARKING TABLE IN THE STAFF REPORT, IT SHOWS THAT THE DEVELOPMENT IS PROVIDING WAY MORE PARKING THAN IS NECESSARY BY THE CITY OF CARLSBAD STANDARD, WHICH IS 110 SPACES.

AND BASED ON THEIR CLAIMED PROXIMITY TO TRANSIT, IT'S BEEN POINTED OUT THAT THE STATE ACTUALLY SAYS THAT ZERO PARKING MAY BE ACCEPTED.

SO, TO BE CONSISTENT WITH ITS TRANSIT-BASED EXEMPTION, THE PROJECT COULD BE CONDITIONED TO NOT INCLUDE ANY RESIDENTIAL PARKING AND HAVE ALL OF ITS FUTURE RESIDENTS TAKE TRANSIT, OR IF THEY ACKNOWLEDGE THAT THEY ACTUALLY NEED THOSE PARKING SPACES TO MARKET THEIR APARTMENTS, THEN THEY SHOULDN'T BE ABLE TO HAVE THE EXEMPTION FOR BEING NEAR TRANSIT.

THEY CAN'T HAVE IT BOTH WAYS.

OKAY. ANOTHER CONCERN IS THE CUMULATIVE IMPACTS OF THESE RESIDENTIAL PROJECTS OVER TIME, WHICH HAS NOT BEEN ADEQUATELY INVESTIGATED.

FOR EXAMPLE, THE LOFTS PROJECT ACROSS THE STREET AS PART OF ITS INFILL APPLICATION REFERRED TO THE CARLSBAD VILLAGE PLAZA AS WITHIN WALKING DISTANCE.

SO AS EACH NEW DEVELOPMENT COMES IN, IF THEY SITE SOMETHING AT THE NEXT RESIDENTIAL PROJECT DISPLACES, WE'RE NO LONGER GOING TO BE ACTUALLY INFILL.

SO BASED ON THIS DECISION GUIDE, ASK YOURSELF WHETHER THIS APPLICATION IS EXAMINED SECRET TO THE FULLEST POSSIBLE PROTECTION OF THE ENVIRONMENT, A COMPLETE GOOD FAITH, BEST EFFORT AT FULL DISCLOSURE AND INVESTIGATION THAT INTELLIGENTLY TAKES ACCOUNT OF ENVIRONMENTAL CONSEQUENCES? I WOULD SAY NO.

AND I'LL CONCLUDE I INCLUDED THIS IN MY LETTER.

BUT THESE ARE THINGS THAT YOU CAN DO TO PUT CONDITIONS OF APPROVAL, INCLUDING CONDITIONING, THAT THE RETAIL PORTION OF THE PROJECT BE BUILT CONCURRENT WITH THE RESIDENTIAL, IDEALLY WITH MORE COMMERCIAL ELIMINATING OR REDUCING THE PARKING GARAGE BECAUSE THEY HAVE WAY MORE PARKING THAN IS NECESSARY AND COULD ALLOW REDUCTION OF THE BUILDINGS TO FOUR STORIES AND ELIMINATION OF THE DEVELOPMENT WAIVERS.

UNBUNDLING PARKING COSTS FROM THE RENT TO REDUCE VEHICLE OWNERSHIP, FREE OR SUBSIDIZED TRANSIT PASSES, PROVIDING CAR SHARING AND ALTERNATIVE MODES OF TRAVEL, AND MANY OTHER OPTIONS.

AND IF THE DEVELOPER STAFF QUESTIONS ANY OF MY TESTIMONY, I'D APPRECIATE IT.

YOU COULD REDIRECT QUESTIONS TO ME IF I SO I CAN RESPOND.

THANK YOU. CLYDE WICKHAM IS SPEAKING ON BEHALF OF A GROUP.

LESLIE LAURA, ARE YOU HERE? OKAY. JULIE MENON, TOM BRENNER.

MR. WICKHAM, GO AHEAD.

I LOVE THIS GROUP.

WE'VE BEEN WORKING ON THIS FOR ABOUT A MONTH.

AND I'M GOING TO ASK YOU TO REWIND THE CLOCK.

[02:15:01]

THE GUY BEFORE ME WAS WORKING FOR THE TRAFFIC SAFETY COMMISSION.

SO, WE'VE GOT SOME REALLY GOOD TALENT TO LOOK AT THIS PROJECT.

AND LUCKILY, THEY SAID A LOT OF THINGS I WAS GOING TO SAY, SO I CAN TAKE JUST A LITTLE MORE TIME.

WOULD YOU RESET IT AND WE'LL START.

OH, YEAH. MY NAME IS CLYDE WICKHAM.

I'M NOT WITH THE CITY ANYMORE.

CYNTHIA LAYNE, CARLSBAD DISTRICT ONE.

OKAY AS PROPOSED, THIS PROJECT IS NOT SOMETHING WE CAN BE PROUD OF.

IT'S RIGHT IN OUR VILLAGE DOORSTEP.

IT'S RIGHT AT THE GATEWAY TO CARLSBAD.

AND IT JUST, IT'S NOT RIGHT.

FOR YEARS, STAFF, WHICH INCLUDES ME, WORKED ON LIVABLE, WORKABLE AND DRIVABLE COMMUNITIES.

CARLSBAD. FOR YEARS WE REVIEWED AND APPROVED ALL OF THE SENIOR HOUSING PROJECTS.

I WORKED FOR THE CITY FOR A LONG TIME, AND I APPROVED A LOT OF SENIOR HOUSING PROJECTS.

THERE ARE HUNDREDS OF SENIORS LIVING WITHIN JUST A FEW BLOCKS OF THIS PROJECT.

IT NEEDS TO SERVE THE COMMUNITY FOR SENIOR CITIZENS.

NOW I'M GOING TO JUMP AHEAD TO TRAFFIC BECAUSE THAT'S WHERE I'M GOING TO SHINE.

THE TRAFFIC COUNTS ARE 29,000 VEHICLES PER DAY ON CARLSBAD VILLAGE DRIVE.

THE TRAFFIC DEPARTMENT CHANGED THE IDENTITY OF THIS STREET TO AN IDENTITY STREET BECAUSE BY CALLING IT AN ARTERIAL, THEY WOULD BE BOUND TO DOING LEVELS OF SERVICE AND TO TO CHECK THE VOLUMES.

THEY COULDN'T DO THAT.

SO THEY CHANGED THE NAME OF THE STREET AND CALLED IT AN IDENTITY STREET.

AND IT NO LONGER HAS TO DO LOS OR THE CITY REGULATIONS OF AN ARTERIAL.

IF IT WAS LOS, IT WOULD BE A D OR AN E LEVEL.

THAT MEANS YOU'RE GOING TO MISS AT LEAST 1 OR 2 SIGNALS PER CYCLE.

YOU'RE GOING TO BE BACKED UP FOR BLOCKS.

AND THEY ARE.

IT HAPPENS ALREADY.

WE KNOW IT. SO THERE'S A GOOD CHANCE YOU'RE GOING TO MISS 1 OR 2 TRAFFIC SIGNALS BECAUSE OF THE TRAFFIC.

THE ACCIDENT RECORD THIS IS THE BEST PART.

THE ACCIDENT RECORD OF THIS, THIS ARTERIAL VILLAGE DRIVE IS THE WORST COLLISION SEGMENT IN CARLSBAD.

15 YEARS AGO, I WAS WORKING FOR THE TRAFFIC DIVISION, AND I WAS I WAS WRITING THESE TRAFFIC COLLISION REPORTS, AND IT WAS THE WORST.

IT WAS THE WORST SEGMENT BACK THEN.

WE PUT IN A MEDIAN.

WE CONTROLLED SOME OF THE TURN MOVEMENTS, AND IT'S STILL THE WORST TRAFFIC SEGMENT OF THE CITY.

AND IT'S BY A LOT BY THREE TIMES AS MUCH AS EL CAMINO AND PALOMAR AIRPORT ROAD.

SOME OF THESE OTHER ONES THAT SHOULD HAVE A HIGHER RATING HAVE A LOWER RATING, BECAUSE THIS IS A SERIOUS SAFETY HAZARD.

THAT'S WHERE WE'RE HEADED NEXT.

EXCEPT ONE MORE THING.

THE LAG REPORTS WERE ALL TWISTED.

SOME OF THE SOME OF THE STUDIES, THE VMP VMT STUDY.

IT WAS DEVELOPED BY CALTRANS TO MONITOR SMOG AND AND AIR POLLUTION.

THEY'RE USING IT IN A TWISTED WAY TO DO THIS, AND THEY'RE NOT DOING IT RIGHT.

ON ONE HAND, THEY'RE USING THE ADT, THE VMT PROCESS, AND THE OTHER HAND, THEY'RE USING THE ADT PROCESS, WHICH IS SIMPLE, LIKE JUST COUNTING CARS.

THAT'S ALL YOU HAVE TO DO.

AND THEY DIDN'T DO IT.

THEY MIXED THEM UP AND SAID NOT A SIGNIFICANT FACTOR.

AND LIKE THE THE GUY BEFORE ME STEVE SAID IT'S WRONG.

SO PUBLIC HEALTH AND SAFETY, THE PEDESTRIAN ELEMENT HAS NOT BEEN ADDRESSED.

THESE ELDERLY CITIZENS, WHEN THEY MANEUVER AROUND AND NEAR STREETS, THEY'RE REAL WOBBLY, YOU KNOW THAT.

AND WHEN THEY CROSS THE STREET, ALL THE SIGNALS HAVE TO BE MODIFIED SO THAT THEY CAN GO.

AND IF THEY GO IN THAT FLASHING LIGHTS BLINKING, THEY'LL MAKE IT HALFWAY.

NOW YOU'VE GOT AN ACCIDENT ON YOUR HANDS.

IT'S GOING TO HAPPEN.

AND IT DOES HAPPEN.

THERE WILL BE MORE THAN 50 TRUCKLOADS OF EXPORT DIRT COMING OFF OF THIS SITE.

THIS IS THE SITE THAT HAS A D RATING ON THE CIRCULATION ELEMENT.

AND THEY'RE GOING TO DO 50 TRUCKS ON IT EVERY DAY ALL NIGHT LONG.

THERE'S A GROUNDWATER PROBLEM.

THE GROUNDWATER IS FIVE FEET BELOW THE SURFACE OF THIS SITE.

THEY HAVE TO POUND PILINGS.

AND THEY DIDN'T TELL US HOW MANY.

THEY DIDN'T TELL US WHERE THEY WERE AT.

THERE WAS NO PLAN FOR THAT.

THEY'LL JUST TAKE CARE OF THAT DURING THE FINAL DESIGN.

HOWEVER, POUNDING PILES TAKES DAYS TO POUND EACH ONE.

IF THERE'S 20 PILES, IT'LL BE A NIGHTMARE ALL NIGHT LONG.

POUNDING, POUNDING AND POUNDING.

THE NOISE, THE CONSTRUCTION TRAFFIC, THE AIR POLLUTION.

IT'S ALL A OF A PUBLIC SAFETY AND HEALTH HAZARD.

AND IT REALLY IT REALLY IS ADDING UP.

I'VE GOT SEVEN POINTS OF IT THE EQUIPMENT, THE CONSTRUCTION, THE ACTIVITY ZONE ALONE IS GOING TO TAKE PILINGS ABOUT A MONTH AT

[02:20:04]

AND IN FINAL I'VE GOT THREE SOLUTIONS.

AND YOU COULD ACTUALLY DO ALL THREE OF THESE ONE, THE CITY COUNCIL, AND THAT'S NOT YOU, BUT THE CITY COUNCIL COULD ADOPT A MORATORIUM TO PAUSE THIS PROJECT FOR A WHILE, AND THEY COULD ONLY DO IT ON A ON A PUBLIC HEALTH AND SAFETY ISSUE.

WELL, THIS IS A PUBLIC HEALTH AND SAFETY ISSUE.

AND IT REQUIRES A 5 TO 4 VOTE BY COUNCIL.

AND IF YOU WOULD STAND UP AND JUST RECOMMEND TO THEM IN UNANIMOUS APPROVAL TO DO A MORATORIUM, WE HAVE A GOOD CHANCE OF GETTING IT, AND IT'LL HOLD THE PROJECT UP FOR A MONTH OR TWO, MAYBE THREE.

OKAY. THE SECOND OPTION, THE CITY HAS DONE THIS BEFORE, SO IT'S NOT THAT CRAZY.

BUT WE HAVE BOUGHT PROPERTY FROM A DEVELOPER BEFORE THE HOSP GROVE.

THEY WANTED TO PUT 200 UNITS INTO THAT GROVE.

THE CITY BOUGHT IT, THE CITY BOUGHT IT, AND HE GOT HIS PROFIT BEFORE HE LIFTED A FINGER.

AND WE BOUGHT THE PROJECT FROM HIM AND IS STILL THE HOSS GROVE.

THE THIRD ONE.

THIS IS A LITTLE TOUGH ONE, BUT I KNOW YOU HAVE TO APPROVE THE PROJECT, BUT LIKE MY PREDECESSOR SAID, A 3 TO 4 VOTE WOULD BE A MARGINAL APPROVAL.

IT WOULD SEND A MESSAGE THAT YOU'RE BARELY APPROVING IT AND YOU COULD APPROVE IT IN TWO STAGES.

THAT'S NOT A VIOLATION OF THIS OF THIS SENATE BILL.

YOU COULD SAY BUILD THE FIRST PHASE, YOUR PARKING STRUCTURE AND THE APARTMENTS AND THE COMMERCIAL PROJECT.

ONLY ONE OF THE APARTMENT STRUCTURES NEXT TO THE FIVE-STORY PARKING STRUCTURE HOLD OFF ON THE OTHER ONE.

AND IF IT WORKS AND EVERYBODY AGREES, WE COULD BUILD THE SECOND PART.

AND IF IT TAKES A LITTLE TWEAKING TO MAKE IT WORK, WE COULD DO IT WITHOUT HAVING TO COME BACK TO COUNCIL.

FOR A COUNCIL WITHOUT AN ADDITIONAL PUBLIC HEARING.

SO THAT WAS THREE SUGGESTIONS TO DO.

AND PLEASE, WE'D LIKE TO GET THE MORATORIUM.

SO IT'S A PUBLIC SAFETY HAZARD.

AND WE WOULD LIKE TO HAVE YOU RECOMMEND TO THE COUNCIL THAT THERE'S A PUBLIC SAFETY HAZARD.

AND WE WOULD LIKE TO HAVE A MORATORIUM.

THAT'S WHERE WE'RE HEADED NEXT.

THANK YOU VERY MUCH.

I'M REALLY IMPRESSED WITH WITH THE COUNCIL OR WITH THE COMMISSION.

THANK YOU. THE NEXT SPEAKERS ARE MR. WILKINSON, ROSE LASKY, ROBERT MEDINA.

I BELIEVE A COUPLE OF THESE INDIVIDUALS ARE OUTSIDE, SO WE'LL GIVE THEM A MOMENT.

THANK YOU.

YOU SIR. JULIE EDGAR.

I'LL READ THEM AGAIN.

I THINK IT WAS MR. MEDINA.

SHE CALLED YOUR NAME. YOU CAN COME UP.

IF YOU JUST WAIT A MINUTE, SIR, FOR THE OTHER SPEAKERS TO COME FROM OUTSIDE.

YES, SIR.

THERE'S ONE OF THOSE.

WILKINSON. THAT'S. THANK YOU.

GOOD EVENING, HONORABLE CHAIRMAN.

COMMISSIONERS. MY NAME IS ROBERT MEDINA.

I RESIDE AT 3383 ADAMS STREET, AND MY BACKGROUND IS CIVIL ENGINEERING AND WORK FOR REC ENGINEERING, WILLDAN ASSOCIATES, ACTING CITY CITY ENGINEERS AND PLANNERS.

SO, I JUST HAD A COUPLE OF COMMENTS THAT I MADE, AND I DON'T KNOW IF YOU WERE GIVEN MY FOUR-PAGE LETTER I SUBMITTED LATE TODAY.

THIS WAS A HURRIED THING.

SOME RESIDENTS ASKED ME, HEY, CAN YOU GET INVOLVED? I SAID, YEAH, I DON'T KNOW IF THERE'S MUCH I CAN DO, BUT LET ME LOOK AT IT.

MY FIRST COMMENT, IF YOU LOOK AT MY LETTER IS ABOUT THE EXEMPTION.

I THOUGHT IT WAS A NEGATIVE DECK.

I WAS USING THE CITY FILE.

NEVER HAD AN OPPORTUNITY TO SPEAK WITH THE PLANNER.

AND WHAT HAPPENED IS I JUST WANTED TO REITERATE THE IMPACT OF POWER HERE.

SO WHEN YOU LOOK AT THAT EXISTING CENTER, YOU'RE MAY BE AT 3 TO 4000 AMPS.

THIS NEW STRUCTURE, AT 100 AMPS PER UNIT IS 22,000 AMPS.

AND THAT DOESN'T INCLUDE PUTTING A CHILLER IN FOR AIR CONDITIONING.

IT DOESN'T INCLUDE THE RETAIL STORE OR THE MARKET.

THAT'S SEVEN TIMES THE POWER.

WELL, IN CEQA THAT'S CLEARLY A NO NO OR AN EFFECT ON THE NATURAL RESOURCE.

WE DON'T HAVE RENEWABLE ENERGY TO COVER ALL THAT.

AND SGA IS GOING TO HAVE TO, YOU KNOW, FIGURE OUT A WAY TO PROVIDE THAT ADDITIONAL SERVICE.

IN ADDITION TO THAT, THIS OFF-SITE IMPACT HERE IS YOU'RE GOING TO UNDERGROUND THE OVERHEAD ELECTRIC AND TELEPHONE AS PART OF THEIR

[02:25:06]

SO THAT WOULD BE A SIGNIFICANT CHANGE OFFSITE.

AND THEN THERE'S A COUPLE OF THINGS I TALKED ABOUT TRAFFIC.

AND I THINK IT'S BEEN PRETTY MUCH REHASHED.

BUT THE REALITY IS IF YOU'RE GOING TO HAVE AFFORDABLE HOUSING AND LOW INCOME HOUSING AND IT'S BASED ON MEDIUM INCOME, WELL, IF THE MEDIAN INCOME ESTABLISHED IS 98,000 PER CARLSBAD.

AFFORDABLE HOUSING 78,000.

AND THAT MEANS LOW INCOME IS 49,000.

I DON'T KNOW TOO MANY FAMILIES AT THAT LEVEL OF INCOME THAT WOULDN'T HAVE TWO CARS.

AND I DON'T THINK THAT THE PARKING IS ADEQUATE.

AND AS I STATED IN MY LETTER, IF YOU WERE TO GO OVER TO THE BARRIO DRIVE THIS EVENING AFTER THE MEETING, THERE IS NO PARKING.

AND NOW YOU'RE GOING TO ADD THIS PROJECT? I DON'T THINK IT WORKS.

SOMEONE SAID EARLIER IN THE PUBLIC PART OF THE OPEN HEARING ABOUT THE INFRASTRUCTURE, AND THAT WAS ONE OF MY OTHER POINTS.

RIGHT NOW, WE'RE BARELY ABLE TO ADDRESS THE SEWER AND WATER AND STORM DRAIN.

AND I THINK THAT'S.

THANK YOU.

JULIE. I'M JULIE OSTER.

I'M STILL LIVING IN THE BARRIO, SO I'M NOT GOING TO CONCEDE MY TIME QUITE YET.

I REALLY APPRECIATED THE ONE QUESTION ABOUT WHAT IS YOUR PURVIEW AS THE PLANNING COMMISSION? THAT WAS A REALLY GOOD QUESTION.

HAVING SPOKEN TO PLANNING COMMISSIONS BEFORE, MOST OF YOU WERE HERE THROUGH THE WHOLE VILLAGE AND BARRIO MASTER PLAN, YOUR COLLEAGUES WHO PRECEDED YOU BUSTED THEIR CHOPS TO HAMMER THAT THING OUT.

IT WAS ALL PRESUMED THAT THERE WOULD BE A GROCERY STORE IN CERTAIN SERVICES THAT PEOPLE COULD WALK TO AND REMOVING SOME OF THESE PIECES.

IT'S LIKE THAT KID'S GAME OF JENGA.

YOU PULL OUT ONE PIECE, THE WHOLE THING COLLAPSE.

SO PLEASE RESPECT YOUR PREDECESSORS AS WELL AS THE CITIZENS HERE.

I KNOW YOU ALL WORK HARD.

I DID HAVE A QUESTION ABOUT PURVIEW, HAVING ATTENDED THE LAST TWO MEETINGS, AND IT WAS SOMETHING THAT THE CITY OUR ATTORNEY SAID AND IT HAD TO DO WITH PENCILING OUT THINGS FINANCIALLY.

AND I SAW COMMISSIONER LAFFERTY JUST KIND OF LOOK LIKE, WHY IS THAT WITHIN OUR PURVIEW? AND I WOULD HOPE THAT YOU WOULD REVISIT THAT, BECAUSE I HONESTLY THOUGHT THAT WAS THE DEVELOPER'S RESPONSIBILITY, THEIR PURVIEW.

I LOOK AT OTHER PROJECTS THAT ARE DONE.

YOU GUYS CAN'T PREDICT LABOR SUPPLIES, STUFF LIKE THAT FOR THAT TO BE PUT ON.

YOU JUST SEEMED NEW AND DIFFERENT TO ME.

SO I HOPE THAT'LL BE REVISITED.

AS FAR AS SAFETY GOES, WHO PUTS PATIO TABLES AT A FREEWAY ENTRANCE? THAT, YOU KNOW, THROWING THAT IN.

IS IT LIKE, A GOOD THING? KIND OF GAVE ME PAUSE.

AND THERE'S A LOT OF TALK ABOUT PEOPLE WHO CAN'T DRIVE.

AS A BARRIO RESIDENT WHO'S NOT GETTING ANY YOUNGER, THERE ARE PEOPLE WHO DON'T DRIVE BUT STILL HAVE LICENSES WHEN THEY START HITTING THE STREETS, YOU KNOW, BECAUSE THEY'RE GOING TO ALL SHOP AT COSTCO NOW.

WHOA, NELLIE, LOOK OUT THE REST OF THE TOWN.

THANK YOU. THE NEXT THREE SPEAKERS, IF YOU COULD LINE UP UNDER THE CLOCK.

PAGE DISENO, GARY NESSIM, KIM STALEY. HI, PLANNING COMMISSIONERS.

MY NAME IS PAIGE DISENO, AND I'VE LIVED HERE LONG ENOUGH THAT I STILL CALL THAT STREET ELM.

SO, I'M I WAS GOING TO TALK A LITTLE BIT MORE ABOUT THE VMTS AND WHATNOT, BUT STEVE LINKE DID SUCH AN ELOQUENT JOB THAT I DON'T HAVE TO, BUT I'M PART OF THE SIERRA CLUB TEAM IN CARLSBAD THAT HAS WORKED TO BRING COMMUNITY CHOICE ENERGY TO THE CITY.

THE CLEAN ENERGY ALLIANCE I HAPPEN TO SERVE ON THE COMMUNITY ADVISORY BOARD, AND WE ARE THE ALSO THE GROUP THAT GAVE THE CITY THE DRAFT FOR THEIR CLIMATE EMERGENCY THAT WE PASS ABOUT THREE YEARS AGO NOW.

ANYWAY, MY BIGGEST CONCERN AS A CLIMATE ACTIVIST IS THE GREENHOUSE GAS EMISSIONS.

AND YOU COULD SEE THAT I DIDN'T I WAS QUESTIONING THE DEVELOPER'S PRESENTATION OF THEIR TRANSPORTATION DATA.

AND I THINK YOU COULD SEE FROM STEVE LINKE'S PRESENTATION THAT THEY PROBABLY WAY OFF.

[02:30:04]

AND I THINK THAT'S A BIG CONSIDERATION THAT YOU HAVE TO TAKE IN MIND.

SO THANK YOU FOR THAT.

I'M GARY NESSIM.

I THINK THE BIG ONE BIG ISSUE FOR YOU IS STATE CONTROL OVER CARLSBAD.

AND THIS IS YOUR OPPORTUNITY TO TAKE CONTROL BACK BECAUSE THE STATE DIDN'T INTEND THAT PEOPLE BUILD HIGHER THAN YOUR LIMITS.

WE IMAGINE CARLSBAD PUT TOGETHER A REDESIGN FOR THIS PROJECT AT FOUR STORIES.

WE JUST DID UNDERGROUND PARKING.

NOW, RECENTLY YOU APPROVED THE LOFTS WHICH GOT BUILT AND THE HOPE AVENUE APARTMENTS AND IDENTICAL PROJECTS TO THIS PROJECT.

AND EVEN THOUGH THE HOPE AVENUE ONE HAS A ROTTEN COMMERCIAL OF CARL'S JR, WHICH SOMEHOW GOT BY US.

REALLY, THIS IS THE SAME PROJECT AND SO IT SHOULD HAVE UNDERGROUND PARKING LIKE THE OTHER PROJECTS.

THAT'S THE SAME EXPENSES ALL THE WAY ACROSS.

SO TAKING OUT THAT EXPENSE IS A MAJOR BOOM FOR THIS DEVELOPER.

I WOULD DO I MEAN, IF I DIDN'T CARE ABOUT THE COMMUNITY, I WOULD DO THAT TOO.

IT'S GOING TO BE WAY CHEAPER TO DO IT WITHOUT IT, BUT THEY REALLY SHOULD HAVE TO DO THE SAME PROJECT THAT'S RIGHT ACROSS THE STREET.

TWO OTHER PROJECTS.

AND SO YOU SHOULD REQUIRE THAT REDESIGN SINCE IT FITS THE SAME NUMBER OF UNITS.

AND IF YOU WOULD BRING UP THE REGULATION THAT THAT YOU SUPPOSEDLY CAN'T CHANGE THE PROJECT, IT ONLY SAYS REDUCING THE NUMBER OF UNITS AND REDUCING THE DENSITY. AND THAT'S NOT WHAT YOU WOULD BE TRYING TO DO.

YOU'RE TRYING TO GET THEM TO COME WITHIN THE ENVELOPE THAT THE VILLAGE MASTER PLAN INTENDED.

AND EVEN THOUGH WE DID A ROTTEN JOB WITH THE VILLAGE MASTER PLAN, AS YOU CAN TELL BY THE BUILDINGS WE'RE GETTING, REALLY, WE MISSED OUT ON THINGS, AND WE SHOULD BE COMING BACK AND FIXING THOSE THINGS AS FAST AS POSSIBLE.

SO WE PROBABLY NEED TO SAY NO ON THIS PROJECT AND ALLOW OURSELVES TO BE SUED.

BUT AT LEAST NO, REALLY.

WE SHOULD BECAUSE WE HAVE A GOOD REASON.

WE'RE ALLOWING THE SAME DENSITY.

WE'RE NOT GOING LIKE THE OTHER ONES THAT ARE REDUCING THE DENSITY OF THE PROJECT.

THE PROJECT FITS ON THERE WITH THE DENSITY THAT THEY APPLIED FOR.

JUST HAVING FOUR STORIES.

THEY JUST HAVE TO DO UNDERGROUND PARKING LIKE THE RECENTLY APPROVED AND ONE BUILT PROJECTS.

SO YOU SHOULD BE DOING THAT.

IT'S REALLY AND PERHAPS THEY HAVE A PROBLEM WITH WATER, BUT THERE ARE SEVERAL PROJECTS REALLY CLOSE BY THAT HAVE GONE TWO STORIES UNDERGROUND WITHOUT WATER.

AND THAT'S A PROBLEM NOW.

AND I'M GOING TO CLOSE WITH ONE SAYING FROM THE O.J.

SIMPSON TRIAL, IF IT DOESN'T FIT, YOU MUST ACQUIT.

AND REALLY, SEVERAL OF YOU SHOULD BE VOTING NO ON THIS PROJECT.

THE WORST THING THAT COULD HAPPEN TO BE THROWN OFF THE PLANNING COMMISSION, BECAUSE STAFF SAYS YOU SHOULD BE APPROVING THIS, AND STAFF REALLY NEEDS SOME MORE STAFF TO HELP THEM COMBAT THE DEVELOPER.

THEY DIDN'T HAVE A CHANCE TO NOTICE THE ERRORS THAT THE DEVELOPER'S PROJECT, YOU KNOW, DATA, BECAUSE THEY'RE NOT EXPERTS AT THAT AND THEY REALLY NEED ACCESS TO THAT SO THEY COULD BATTLE THE DEVELOPER.

KIM STALEY IS SPEAKING ON BEHALF OF A GROUP INCLUDING RON BRUNO.

ARE YOU HERE, RON? DALE GREENHALGH.

HE LEFT. DALE LEFT.

BONITA BURROWS, MAGGIE CLEMENTS.

I ONLY HAVE TWO.

AND MY SPEECH IS MICKEY RUDIN IS NOT HERE EITHER.

I DON'T HAVE THE CARDS. DO YOU HAVE A THREE-MINUTE SPEECH YOU WANT TO DO? I'VE GOT ONE DOWN TO FIVE IN CASE YOU REDUCED IT TO FIVE.

SO, I'M JUST TAKE FIVE.

TAKE WHAT YOU NEED. OH, THANK YOU.

I YEAH. THEY LEFT.

MY NAME IS KIM STALEY, 3363 TYLER STREET CARLSBAD.

AND THE TYLER COURT SENIOR APARTMENTS.

I'M REPRESENTING A GROUP OF FELLOW RESIDENTS.

WE BELIEVE THIS PROJECT WILL HAVE MANY NEGATIVE IMPACTS ON LOCAL RESIDENTS, THE BUSINESSES BEING DISPLACED AND POSSIBLY NOT RELOCATING, AND A LOSS OF JOBS.

MANY RESIDENTS AT TYLER COURT SHOP THERE, INCLUDING SMART AND FINAL BECAUSE IT IS AFFORDABLE, CLOSE AND CONVENIENT.

SOME RESIDENTS HAVE NO TRANSPORTATION AND WALK TO THE PLAZA OR WALK BY CHOICE RATHER THAN DRIVE.

LOSING THIS PLAZA WILL FORCE RESIDENTS TO DRIVE FURTHER TO SMART AND FINAL IN OCEANSIDE, 3.4 MILES OPPOSED TO 0.7 MILES IF WE PREFER TO KEEP SHOPPING THERE, AS WELL AS FURTHER TO HARDWARE STORES IN OCEANSIDE, CAUSING LOSS OF SALES TAX REVENUE FOR CARLSBAD.

SINCE MANY PEOPLE ORDER ONLINE, NO DOUBT THERE WILL BE MANY AMAZON UPS AND OTHER DELIVERY DRIVERS GOING IN AND OUT OF THE COMPLEX FOR THE NEW RESIDENTS.

[02:35:02]

ALL OF THIS WILL CREATE LONGER LINES AT THE FREEWAY ENTRANCES AND EXITS.

IF THE PROJECT IS SUPPOSED TO REDUCE TRAFFIC AND THE CITY PLANNER AGREES, IT DOES BY GRANTING THE EXEMPTION.

WHY IS THERE A FIVE-STORY PARKING GARAGE WITH 289 RESIDENTIAL SPACES? WE BELIEVE THE ANSWER IS THE DEVELOPER KNOWS THE UNITS WON'T GET RENTED WITHOUT PARKING.

A VILLAGE MASTER PLAN REQUIRES 276 RESIDENTIAL SPACES FOR THE 218 UNITS FOR THIS TYPE OF PROJECT, CARLSBAD MUNICIPAL COD 110.

I KNOW YOU'VE ALREADY HEARD A LOT OF THIS, BUT I SPENT A LOT OF TIME PUTTING THIS TOGETHER.

I'M JUST READING IT ANYWAY.

CARLSBAD'S OWN VMT ANALYSIS STATES PROJECTS WITH ONE HALF MILE OF TRANSIT CENTER ALONG A HIGH-QUALITY TRANSIT CORRIDOR WOULD NORMALLY BE PRESUMED TO HAVE A LESS THAN SIGNIFICANT TRANSPORTATION IMPACT.

PRESUMED NOT PROVEN.

THE ENGINEER FIRMS 19-PAGE VMT ANALYSIS OF THE WORD PRESUMED IS USED SIX TIMES, AND CONSIDERED IS USED THREE TIMES IN REFERENCE TO THE PROJECT HAVING LESS THAN SIGNIFICANT IMPACT ON VMT.

THE CITY STAFF REPORTS ARE ALSO FULL OF PRESUMPTIONS.

AT THE LAST HEARING, THE CITY ATTORNEY STATED THAT FUTURE INFORMATION PRESENTED WOULD NOT BE RELEVANT IF RELATED TO CEQA.

IN REPLY TO MEMBERS STEINER'S QUESTIONS ABOUT TRAFFIC AND CEQA, THE CITY ATTORNEY MADE SEVERAL STATEMENTS THAT WERE CONFUSING AND CONTRADICTORY, ENDING WITH YOU HAVE TO MAKE CERTAIN FINDINGS THAT ARE GENERALLY RELATED TO HEALTH AND SAFETY.

HEAVIER TRAFFIC IN AND OUT OF THE PROJECT AND THE ENTIRE AREA WILL AFFECT THE HEALTH AND SAFETY OF EVERYONE WHO PASSES THROUGH IN THE FORM OF IMPATIENCE AND IRRITABILITY AND OTHER THINGS. STUDIES PROVE THAT CROWDED LIVING AND HIGH DENSITY, TIGHT AREAS WITH LITTLE TO NO GREENERY CREATES GREATER ANXIETY, STRESS, AND ANGER.

IT'S LIKELY RESIDENTS WILL HAVE CHILDREN.

WHERE WILL THEY SAFELY PLAY AND RIDE THEIR BIKES? EVERYTHING I'VE STATED IS STRONGLY RELATED TO HEALTH AND SAFETY IN QUESTION.

CAN THE CARLSBAD FIRE DEPARTMENT SERVICE FIVE STORY BUILDINGS TO FURTHER MAKE OUR POINTS, I'M QUOTING FROM CEQA, WHICH REFERS TO VMT POSITIVES AND NEGATIVES.

THERE'S NO REFERENCE TO AMOUNT OF TRAFFIC.

COMMON SENSE TELLS US THAT HEAVY TRAFFIC HAS SIMILAR EFFECTS AS VMT.

CONSIDER THE PHRASE AND HEAVY TRAFFIC EACH TIME VMT OR VEHICLE TRAVEL IS MENTIONED.

QUOTE. VMT MITIGATION CREATES SUBSTANTIAL BENEFITS TO GREENHOUSE GAS REDUCTION IN THE NEAR TERM AND LONG TERM.

BEYOND GHG EMISSIONS, INCREASES IN VMT IMPACT HUMAN HEALTH AND THE NATURAL ENVIRONMENT.

HUMAN HEALTH IS IMPACTED AS INCREASES IN VEHICLE TRAVEL LEAD TO MORE VEHICLE CRASHES, POOR AIR QUALITY, INCREASES IN CHRONIC DISEASES ASSOCIATED WITH REDUCED PHYSICAL ACTIVITY, AND WORSE MENTAL HEALTH.

INCREASES IN VEHICLE TRAVEL ALSO NEGATIVELY AFFECT OTHER ROAD USERS, INCLUDING PEDESTRIANS, CYCLISTS, MOTORISTS AND TRANSIT USERS, END QUOTE.

THE CITY DOESN'T SEEM CONCERNED ABOUT THE TRAFFIC IMPACT OF PROJECTS THAT HAVE BEEN BUILT IN TIGHT SPACES IN THE VILLAGE.

IT'S AS IF THE VILLAGE IS A DUMPING GROUND FOR A 15 MINUTE CITY MODEL.

THE CITY DOES A GREAT JOB WITH PARKS, KEEPING THE CITY CLEAN AND THE SENIOR CENTER, AND WE THANK YOU FOR THAT.

IT'S CLEAR THE PROJECT HAS TO DO WITH MEETING STATE LAWS TO PROVIDE AFFORDABLE AND DENSITY HOUSING.

HOUSING. THERE ARE 27 AFFORDABLE UNITS PROPOSED, WHICH DOES NOT EQUAL THE PROJECT'S STATED 15%.

TO COMPLY WITH THE STATE DENSITY BONUS LAW IN ITS CEQA EXEMPTION.

THE PROJECT DOESN'T FIT IN WITH THE LOOK AND FEEL OF CARLSBAD VILLAGE.

YOU'VE HEARD THAT THERE ARE PLENTY OF BIGGER SPACES WHERE A NICE COMPLEX WITH WALKWAYS AND GREENERY CAN BE BUILT, AS OPPOSED TO CRAMMING TALL BUILDINGS ON THIS TINY PIECE OF PROPERTY. THE NEW PROPERTY OWNER WOULD BETTER SERVE THE COMMUNITY BY FRESHENING UP THE EXTERIOR OF THE PLAZA.

WE'RE AWARE YOU DON'T HAVE THE FINAL SAY, AND THE CITY COUNCIL DOES.

AT LEAST I THOUGHT YOU DID.

I LEARNED THINGS TODAY I DIDN'T KNOW.

WE ASK THAT YOU SERIOUSLY CONSIDER THE CONSEQUENCES OF THIS PROJECT.

AND ECHOING COMMISSIONER LAFFERTY'S WORDS, LOOK AT THE CUMULATIVE IMPACTS OF THIS PROJECT AND PLEASE VOTE NO.

THANK YOU. THE NEXT THREE.

OH, SORRY. I'M SORRY. MINISTER CLERK, WHY DON'T WE TAKE A TEN-MINUTE BREAK AND THEN DO YOU WANT TO CALL THE REMAINING? HOW MANY MORE SPEAKERS ARE THERE, MA'AM? FOUR. ALL RIGHT.

WHY DON'T YOU CALL THE FOUR NAMES NOW AND THEN? WE'LL TAKE A BREAK, OKAY? WEN WE RETURN FROM BREAK, NIKI RUDIN, MICHAEL FERRER, DEBORAH MILLER, JIM CONNOLLY WILL BE UP FOR THE PODIUM IN TEN MINUTES.

THANK YOU. LADIES AND GENTLEMEN.

PLEASE BE SEATED.

WE'LL CONTINUE.

YEAH. WOULD YOU CALL AGAIN THE NEXT SPEAKERS, PLEASE? NEXT SPEAKERS, PLEASE COME TO THE PODIUM.

NICK RUDDEN.

MICHAEL FARAGHER, DEBORAH MILLER.

[02:40:06]

GOOD EVENING. MY NAME IS NIKKI RUDDEN.

MY GRANDPARENTS CAME TO CARLSBAD OVER 60 YEARS AGO.

TO THE BARRIO. GREW UP IN DISTRICT ONE ON WILSON, AND I JUST MOVED BACK AND LIVE ON GUEVARA.

MY KIDS GO TO BUENA VISTA.

I TEACH AT JEFFERSON ELEMENTARY, SO I'M NOT ONLY A DISTRICT ONE RESIDENT, BUT I'M ALSO A TEACHER.

AND IF ANYONE WHO DOESN'T KNOW, JEFFERSON ELEMENTARY IS IN THE BARRIO, AND I SPEAK NOT ONLY FOR REPRESENTING MYSELF AND MY FAMILY, BUT I ALSO WANT EVERYONE TO LOOK AROUND AND LOOK AT WHAT FACES ARE NOT HERE IN THIS ROOM, WHO IS NOT BEING REPRESENTED IN THE SENSE OF THE BARRIERS THAT ARE IN PLACE, WHERE EITHER YOU HAVE A NEIGHBORHOOD MEETING OR THE WEBSITE OF OUR DEVELOPER, THE DEVELOPERS.

I ASKED RECENTLY IF IT WAS IN SPANISH.

WAS THAT IN SPANISH? I JUST CURIOUS ABOUT WHAT DECISIONS WE MAKE AND WHO WE ARE ELIMINATING FROM THESE CONVERSATIONS.

SO I JUST TYPED SOMETHING UP.

SO MANY OF THESE THINGS YOU'VE ALREADY HEARD, BUT I THOUGHT IT WOULD BE WORTH RESTATING.

GROCERY STORES, BAKERY, HARDWARE STORES, PHARMACY, A LAUNDROMAT.

THESE ESTABLISHMENTS ARE NOT JUST BUSINESSES.

THEY ARE LIFEBLOOD TO OUR TOWN.

THEY PROVIDE ESSENTIAL SERVICES THAT WE RELY ON EVERY DAY.

IMAGINE THE INCONVENIENCE AND HARDSHIP OF HAVING TO TRAVEL MILES OUT OF TOWN JUST TO BUY GROCERIES.

AS A TEACHER, AS A MOM, I ASK US TO OFTEN LOOK AND WALK IN SOMEONE ELSE'S SHOES.

AND WE NEED TO DO THAT HERE.

AND I KNOW MANY OF YOU ARE, AND I'M SO EXCITED TO HEAR SOME OF THE SPEAKERS THAT GOT UP HERE, BUT WALK A DAY IN SOMEONE ELSE'S SHOES AND LIVE THROUGH THAT LENS.

FOR MANY OF OUR RESIDENTS, ESPECIALLY THOSE WITHOUT EASY ACCESS TO TRANSPORTATION, THIS IS NOT JUST INCONVENIENT, IT'S ACTUALLY A SERIOUS CHALLENGE FOR THEIR LIVES.

MOREOVER, THESE BUSINESSES CONTRIBUTE TO OUR LOCAL ECONOMY AND PROVIDE JOBS FOR MANY OF OUR FRIENDS AND OUR NEIGHBORS.

LOSING THEM COULD LEAD TO JOB LOSSES AND NEGATIVELY IMPACT OTHER LOCAL SHOPS.

WE UNDERSTAND THE NEED FOR DEVELOPMENT.

YOU KNOW, MY FAMILY AND I UNDERSTAND THAT AND THE BENEFITS IT CAN BRING, BUT IT MUST NOT COME AT THE COST OF OUR ESSENTIAL SERVICES.

OUR TOWN'S CHARACTER AND THE WELL-BEING OF OUR RESIDENTS MUST BE PRIORITIZED.

WE ARE NOT AGAINST, OR I AM NOT AGAINST THE DEVELOPMENT, BUT WE I AM ADVOCATING THAT FOR RESPONSIBLE AND SUSTAINABLE DEVELOPMENT.

WHEN WE TALK ABOUT THE HEALTH AND SAFETY, I THINK ABOUT, THERE'S SO MANY UNKNOWN QUESTIONS AND I KNOW IT'S NOT ANYONE'S RESPONSIBILITY.

IT'S SAYING THAT WHAT GROCERY STORE WILL GO IN THERE? BUT WE NEED TO BE THINKING ABOUT THAT.

WE CAN FIND A SOLUTION THAT SUPPORTS GROWTH WHILE PRESERVING THE SERVICES THAT WE DEPEND ON.

ONCE AGAIN, AS A TEACHER, A RESIDENT.

YEAH. I JUST ASKED THAT WE LOOK AT WHAT VOICES ARE NOT BEING REPRESENTED HERE THIS EVENING.

THANK YOU.

MICHAEL. GOOD EVENING.

COMMISSION MIKE FARRER.

I LIVE AT 3502 DONNA DRIVE.

I APPRECIATE THE OPPORTUNITY TO SPEAK WITH YOU THIS AFTERNOON.

THIS EVENING? I APPLIED FOR MEMBERSHIP ON THIS COMMISSION SEVERAL YEARS AGO, AND RIGHT NOW I'M VERY HAPPY THAT THEY DECLINED MY APPLICATION.

SO I APPRECIATE THE WEIGHTY DECISION YOU HAVE IN FRONT OF YOU.

THAT BEING SAID, I THINK I THINK THIS PROCESS, THROUGH THIS PROCESS, WE'VE EXPOSED A FEW FLAWS IN THE PROCESS FOR THIS TYPE OF A PROJECT, RATHER ONE BEING THE, ANEMIC PUBLIC OUTREACH THAT SEEMS TO BE INVOLVED HERE.

I KNOW THAT WE'RE READING THROUGH THE STAFF REPORT.

WE SEE SOME SEVEN LETTERS THAT WERE RECEIVED ACKNOWLEDGED BY STAFF.

OBVIOUSLY, WE'VE SEEN CONSIDERABLY GREATER YOU KNOW, RESPONSE FROM THE COMMUNITY AND INVOLVEMENT AND INTEREST IN OFFERING INPUT.

SO I THINK THAT'S SOMETHING THAT THAT OUGHT TO BE SQUARELY LOOKED AT IN TERMS OF WHAT'S REQUIRED OF AN APPLICANT.

ALSO, AS IT RELATES TO THE BIFURCATION OF THE CEQA APPROVAL PROCESS WHERE SUCH A, YOU KNOW, EXEMPTION COULD BE OFFERED OR COULD BE GRANTED BY WAY OF A SINGLE POINT OF STAFF TO MAKE A ADMINISTRATIVE DETERMINATION OF COMPLETE EXEMPTION WITH A VERY NARROW WINDOW FOR APPEAL.

I THINK IS IS A FLAWED ASPECT OF OUR CURRENT CODE SHOULD BE LOOKED AT VERY SQUARELY.

LASTLY, AS IT RELATES TO JUST THE GENERAL DESIGN FEATURES, THE DESIGN OF THIS PARTICULAR PROJECT, I THINK WE OUGHT TO BE CONCERNED THAT THERE MAY BE, YOU KNOW, ADDITIONAL PROLIFERATION OF HEIGHTS EXEMPTIONS OR WAIVERS RATHER, THAT ARE BEING

[02:45:03]

SO I'D BE CONCERNED THAT, YOU KNOW, INSTEAD OF A 45-FOOT MAXIMUM HEIGHT, WE MAY BE CONSIDERED DROPPING THAT DOWN CONSIDERABLY IF WE HAVE TO BE ON HYPER VIGILANT AS TO SUBSEQUENT DEVELOPMENTS THAT MAY PROLIFERATE THROUGH THE VILLAGE ALTERING THE CHARACTERISTIC OF THE VILLAGE.

WITH THAT SAID, I KNOW THAT THERE'S BEEN CONSIDERABLE TALK ABOUT THE CONSTRAINTS AND STATE LAW.

YOU KNOW, AS A AS A LAND USE ATTORNEY MYSELF, I'VE APPEARED FOR BEFORE EVERY SINGLE PLANNING COMMISSION IN THE COUNTY.

AND I'VE SEEN EVERY COMMISSION WITHOUT, WITHOUT QUESTION, EXERCISE EXTREME AMOUNTS OF POWER IN TERMS OF THEIR ADVISORY ROLE TO THE CITY COUNCIL.

I WOULD IMPLORE YOU TO UTILIZE THAT POWER THAT YOU DO HAVE AS AN ADVISORY ROLE TO MAKE A RECOMMENDATION THAT THERE THAT THIS PROJECT DOES POSE A SPECIFIC. I CAN'T SEE A SOME A SPECIFIC ADVERSE IMPACT ON ONE OF THE, ONE OF THE ASPECTS OF THE OF AVAILABLE CODE. I YOU KNOW, I'M CERTAIN THAT IN COLLABORATION WITH YOUR LEARNED COUNCIL, YOU CAN FIND A ONE OF THE MULTITUDE OF REASONS THAT WERE OFFERED BY THE PUBLIC. THANK YOU.

DEBORAH MILLER. I HAVE NO SCRIPT. A LOT OF THINGS HAVE BEEN COVERED.

WHAT I WOULD OFFER TO ALL OF YOU AND YOU DECISION MAKERS IS THE FOLLOWING.

THE VMT HAS BEEN GROSSLY MISREPRESENTED.

THE DEVELOPER GAVE US INFORMATION ABOUT 4800 REDUCTION.

IT'S ACTUALLY THE ACTS.

IT'S ACTUALLY THE OPPOSITE OF THAT BECAUSE THOSE 4800 NOW HAVE TO DRIVE AT LEAST TWICE AS FAR TO GO TO ANY GROCERY STORE TO GO TO ANY HARDWARE STORE.

IT'S JUST IT'S A VERY SIMPLE MATTER.

SO THAT IN AND OF ITSELF SHOULD GIVE YOU SUFFICIENT INFORMATION TO PAUSE THIS DECISION AND COME BACK ANOTHER TIME.

REGARDING A MARKET, THE BEHRENDS IS 15 CONFIRMED THAT WITH BARON'S DIRECTLY.

AND IF YOU CALL BARRON'S ANY NUMBER OF THE BARRON'S A NUMBER OF THEM.

MOST OF THEM DON'T SELL DIAPERS.

THEY DON'T SELL INCONTINENCE WHERE THEY DON'T SELL NAILS.

THE HARDWARE STORE IS A REALLY HUGE LOSS FOR US.

WE BASICALLY HAVE A ONE STOP SHOP.

ALL THE THINGS, THE 15-MINUTE THINGS THAT WE ALL SEEK TO BRING THINGS TOGETHER AS A COMMUNITY.

WE'RE THROWING THOSE AWAY.

AND SO WE NOW HAVE TO DRIVE TO HOME DEPOT, WHICH IS GIVES OUR TAX DOLLARS BASICALLY TO OCEANSIDE.

WE CAN GO TO SPROUTS.

WE CAN GO I'M JUMPING AROUND, I APOLOGIZE.

WE GO TO SPROUTS, WE CAN GO TO VONS.

BUT ANYBODY WHO CAN DRIVE, AND THAT'S THE IMPORTANT PART BECAUSE NOT EVERYBODY DOES DRIVE.

THE CURRENT SMART AND FINAL HAS A SIGNIFICANT PERCENTAGE OF FOLKS WHO ARE WALK INS, NOT ONE TIME IN TERMS OF OUTREACH.

HAS ANYBODY TALKED AS FAR AS WE CAN SEE.

HAS ANYBODY TALKED TO ANY OF THE OTHER ENTITIES WITHIN OUR CITY? WE HAVE UNDER 55 OR OVER 55 HOUSING FACILITIES, ALL WITHIN WALKING DISTANCE OF THIS ONE STOP SHOP.

THERE IS NO OUTREACH TO THAT.

NOTHING. AND IN TERMS OF THE OUTREACH THAT THE DEVELOPER, WHICH IS A LITTLE SURPRISE TO ME, THE DEVELOPER NOTED JUST TODAY THAT THERE WAS OUTREACH IN 2022.

THERE'S NO EVIDENCE.

THERE IS NO EVIDENCE OF THAT.

THAT IS NOT INCLUDED IN THE IN THE REPORT.

AND I BUILD WEBSITES FOR A LIVING.

I USED TO BE AN ENGINEERING AND DID OUTREACH.

I WOULD NOT SAY THAT DOING A WEBSITE AND GETTING SEVEN RESPONSES CONSTITUTES IN ANY WAY COMMUNITY OUTREACH, AND IN FACT, NO RESPONSES WERE GIVEN TO THOSE SEVEN RESPONSES.

SO THIS IS YOU.

I'M ASKING YOU TO WAIT, TAKE ANOTHER LOOK, TAKE ANOTHER LOOK AT THE NUMBERS AND TAKE ANOTHER LOOK AT THE HUGE IMPACT.

AND I THINK THE DEVELOPER, YOU'RE ALL VERY CREATIVE.

YOU CAN DO BETTER.

HARDWARE STORES ARE SEXY.

[02:50:17]

THANK YOU, MA'AM. THE NEXT SPEAKER IS JIM CONNOLLY.

MY NAME IS. EXCUSE ME.

MY NAME IS JIM CONLEY, AND I'M IN HERE FOR THE LAST TWO MONTHS LISTENING.

AND I THINK EVERY ONE OF YOU COMMISSIONERS AND THESE FOLKS, WE SHOULD ALL LISTEN, BECAUSE THE CITY OF CARLSBAD IS A BEAUTIFUL, BEAUTIFUL PLACE.

WE'VE DONE SO MANY GREAT THINGS HERE, BUT I'M HEARING FROM THESE OTHER SPEAKERS THAT WE GOT SOME PROBLEMS BECAUSE WE'RE NOT LISTENING TO OUR PEOPLE.

WE'VE GOT A COMMISSIONER SAID, HEY, YOU HASSLING THE PEOPLE, BUT THEY WANT TO BE HEARD.

AND I THINK YOU HEARD A LOT FROM EVERY INDIVIDUAL HERE TONIGHT, PRO AND CON.

BUT YOU HAVE TO MAKE THE DECISION IN THIS FORM OF GOVERNMENT WE HAVE THE CITY GOVERNMENT IS THE MOST DOWN TO EARTH.

I MEAN THE FAMILIES OF THE FIRST ONE.

BUT THIS CITY GOVERNMENT OF CARLSBAD.

AND I'M HOPING THAT EACH ONE OF YOU, EVEN THE ASSISTANT ATTORNEY GENERAL AND EVERYTHING ELSE, TAKE AN OATH.

AND COMMISSIONERS HERE THAT WORK FOR THE CITY.

THE POLICEMEN TAKE AN OATH TO OUR CITY BECAUSE WE HAVE TO PROVIDE FOR OUR CITY, BECAUSE YOU FOLKS ARE GOING TO MAKE A DECISION HERE.

AND IF YOU FOLLOWED ALL THE STATE LAWS, LIKE ONE OF THE GENTLEMEN SAID, THERE'S NO DECISION.

YOU GUYS SHOULDN'T EVEN BE HERE.

YOU'VE GOT A RUBBER STAMP. THIS I CAN TELL YOU RIGHT NOW, BUT YOU'VE ALL HAD GREAT QUESTIONS.

AND ONE GUY EVEN WORKED FOR A GROCERY STORE.

SO, I WANT TO TAKE THAT OFF, BECAUSE I USED TO WORK IN THE GROCERY BUSINESS, AND I KNOW HOW IMPORTANT THAT IS.

AND YOU CANNOT REPLACE MARTIN FINAL FOR ALL THESE PEOPLE IN THE BARRIO.

AND I DO THE FUNERALS AT SAINT PAT'S, AND I'VE BURIED MOST OF THESE PEOPLE THAT BUILT THIS CITY.

THEY LAID ALL THE CEMENT AND ALL THESE HOUSES AND THE CHURCHES OF OUR COMMUNITY.

AND I JUST SAY, WE HAVE TO WORK TOGETHER, GET IT TOGETHER, COME BACK AND LET'S MAKE IT HAPPEN AND MAKE THE CITY OF CARLSBAD PROUD OF EVERYTHING WE DO.

BECAUSE LISTENING TO THIS MEETING, WE JUST HAVEN'T DONE IT.

I MEAN, THE PEOPLE THEY'VE LET YOU KNOW EXACTLY HOW THEY FEEL.

SO. AND WHAT ARE WE HERE FOR IF WE'RE NOT HERE TO SERVE THE PEOPLE? THANK YOU, THANK YOU.

THANK YOU. SIR. ARE THERE ANY OTHER SPEAKERS? CHASE KALE IS GOING TO SPEAK NOW.

HI. HOW ARE YOU DOING? MY NAME IS CHASE KALE.

I LIVE JUST DOWN THE STREET IN CARLSBAD VILLAGE.

THIS IS MY FIRST TIME AT A MEETING LIKE THIS, SO I WON'T I'LL KEEP IT SHORT, BUT I THOUGHT IT WAS IMPORTANT FOR ME TO COME.

I AGREE WITH THE OTHER SUPPORTIVE COMMENTS THAT HAVE BEEN MADE.

I FEEL LUCKY TO LIVE HERE, AND I THINK NEW DEVELOPMENTS, WHEN DONE CORRECTLY, CAN BE REALLY GOOD FOR THE COMMUNITY.

I UNDERSTAND WHAT A LOT OF THE PEOPLE ARE SAYING, A LOT OF THE CONCERNS, BUT IN THE LONG RUN, I THINK THIS IS FOR THE BEST.

THIS DESIGN IS A LOT IN LINE WITH HOW PEOPLE LIVE TODAY AND HOW PEOPLE SHOP TODAY.

AND I THINK THE MIX USE ASPECT OF IT COULD BE REALLY BENEFICIAL FOR THE COMMUNITY AND I HOPE IT GETS APPROVED.

SO, THANK YOU. THANK YOU.

THAT'S THE LAST SPEAKER.

THERE ARE NO MORE. THAT'S CORRECT.

GREAT. WE'LL NOW CLOSE PUBLIC TESTIMONY.

WOULD THE APPLICANT LIKE TO RESPOND TO COMMENTS THEY'VE HEARD? MR. CHAIR, WE OF COURSE, WE'D BE HAPPY TO RESPOND TO OR ANSWER ANY QUESTIONS, BUT AT THIS TIME WE HAVE NO FURTHER COMMENTS.

DO ANY COMMISSIONERS WANT TO ASK ANY QUESTIONS? FOLLOW UP WITH THE APPLICANT? NO. OKAY.

I'M SORRY. COMMISSIONER STINE.

YES. THIS FOR THE APPLICANT.

WE'VE HEARD A NUMBER OF PEOPLE INDICATE THAT THEY FELT THAT THE OUTREACH WAS INADEQUATE HERE, THAT THEY DIDN'T HAVE A CHANCE TO EXPRESS THEIR CONCERNS. CAN YOU DESCRIBE A LITTLE BIT ABOUT THE OUTREACH THAT WAS DONE IN THIS PROJECT? CERTAINLY, COMMISSIONER STINE WOULD BE HAPPY TO.

SO, OF COURSE, THE CITY HAS AN ENHANCED STAKEHOLDER OUTREACH POLICY, AND THERE ARE A NUMBER OF METHODS BY WHICH THAT POLICY CAN BE SATISFIED.

AND SO ONE OF THOSE OPTIONS IS A WEBSITE.

SO, WE DID RIGHT AFTER SUBMITTING OUR NOTICE OF APPLICATION THERE WERE THREE THINGS THAT WERE DONE.

FIRSTLY, A NOTICE A MAILED NOTICE OF APPLICATION WAS SENT TO ALL RESIDENTS RESIDING WITHIN OR ALL PROPERTY OWNERS WITHIN A 600-FOOT RADIUS OF THE PROPERTY.

[02:55:06]

SECONDLY, THERE WAS THAT SIGN THAT WAS POSTED ON THE PROJECT SITE.

AND THIRDLY, OF COURSE, THE WEBSITE WAS PUT UP TO SOLICIT FEEDBACK FROM THE COMMUNITY THAT WE HAD RESPONSES THROUGHOUT THE PLANNING PROCESS.

AND SO, THE ENHANCED STAKEHOLDER OUTREACH REPORT THAT WAS INCLUDED IN THE AGENDA IS A SNAPSHOT IN TIME.

SO AT THAT MOMENT WHEN THAT REPORT WAS FILED, THERE WERE 7 OR 8 RESPONSES.

SINCE THAT TIME, THOUGH, THERE HAVE BEEN MANY OTHER PEOPLE THAT HAVE REACHED OUT AND COMMUNICATED WITH US ALMOST 30 NOW, OVER 30 INDIVIDUALS, MANY OF WHOM EXPRESSED THE CONCERNS, THE SAME CONCERNS THAT THAT MANY MEMBERS OF THE PUBLIC EXPRESS HERE THIS EVENING.

SO SECONDLY, THAT IS THE CITY'S POLICY.

SO THAT WAS THE METHOD OF COMPLIANCE THERE.

THE MAIL NOTICE, THE POSTED NOTICE AS WELL AS THE WEBSITE FOR FEEDBACK.

IN ADDITION TO THAT, WE MENTIONED WE HELD TWO MEETINGS WITH LOCAL CIVIC ORGANIZATIONS.

ON BOTH OF THOSE MEETINGS WERE OPEN TO THE PUBLIC.

IT IS NOT ACCURATE THAT THEY WERE CLOSED OR MEMBERS ONLY MEETINGS.

THE CARLSBAD VILLAGE ASSOCIATION HOSTED A MEETING THAT THAT THAT FEATURED A WIDE VARIETY OF BUSINESS OWNERS, RESIDENTS, OTHER INTERESTED STAKEHOLDERS.

AND WE HAD A REALLY GOOD QUESTION AND ANSWER.

IN ADDITION, I PERSONALLY HAVE MET WITH A NUMBER OF INDIVIDUALS PERSONALLY, INCLUDING MR. DANNER AND OTHERS THAT HAD VERY SIGNIFICANT CONCERNS ABOUT THE PROJECT.

AND SO WE HEARD THE CONCERN ABOUT A MARKET VERY EARLY ON IN THOSE EARLY EMAILS AND CONTINUING, WE HEARD THE CONCERN ABOUT TRAFFIC.

WE HEARD THE CONCERN ABOUT LOSS OF SERVICES.

ALL OF THOSE THINGS WERE HEARD AND UNDERSTOOD THROUGH OUR OUTREACH PROCESS.

THAT CONTINUES NOW. WE CONTINUE TO GET EMAILS AND TO ENGAGE WITH RESIDENTS.

EVEN THIS WEEK. PRIOR TO THE HEARING, DID YOU HEAR ABOUT CONCERNS REGARDING THE HEIGHT OF THE FIVE STORIES? DID YOU RECEIVE THOSE CONCERNS? SIR? WE DID, COMMISSIONER STINE.

AND IN RESPONSE TO THAT, THAT IS PRECISELY WHY WE LOCATED ONE STORY BUILDINGS ALONG CARLSBAD VILLAGE DRIVE.

THAT DESIGN CHOICE WAS IN DIRECT RESPONSE TO THE FEEDBACK THAT WE'D HEARD ABOUT CONCERNS ABOUT MASSING A LA VERY SIMILAR TO THE PROJECT ACROSS THE STREET, AND SO WE TOOK THAT INTO CONSIDERATION.

VIEWSHED OBVIOUSLY INCORPORATING A MARKET SPACE, WE COMPLETELY UNDERSTAND THAT IT'S NOT AS LARGE AS MANY MEMBERS OF THE COMMUNITY WOULD WANT, BUT IT IS THERE, AND IT WAS THERE VERY INTENTIONALLY. THANK YOU, SIR.

DO ANY OTHER COMMISSIONERS HAVE QUESTIONS FOR THE APPLICANT? YES. COMMISSIONER MERZ.

A QUESTION, CHAIR. IS THIS A TIME WE'LL JUST THE APPLICANT, WILL WE ALSO BE ABLE TO ASK A QUESTION OF THE STAFF, OR WILL WE COMBINE BOTH? CORRECT ME IF I'M WRONG, MR. LARDY. YEAH. IT'S APPROPRIATE NOW TO ASK QUESTIONS.

GIVE THE APPLICANT AN OPPORTUNITY TO ADDRESS ISSUES THAT WERE RAISED BY ANY OF THE PEOPLE.

GOOD. AND THEN WE'LL BE ABLE TO AFTER THAT, BE ABLE.

YES. PERFECT. THANK YOU. OKAY.

ANYBODY ELSE HAVE ANY QUESTIONS OF THE APPLICANT? ANYTHING ELSE THE APPLICANT WOULD LIKE TO ADD BASED ON WHAT YOU'VE HEARD.

NO, SIR. NOT THIS TIME.

THANK YOU. ALL RIGHT.

WOULD STAFF LIKE TO RESPOND TO QUESTIONS THAT HAVE BEEN RAISED? I WAS JUST ASKING STAFF TO PUT UP THE PROCEDURE SLIDE.

SLIDE FOUR. THE, WE'RE HAPPY TO RESPOND TO ANY OF THE QUESTIONS OR INQUIRIES THAT CAME UP.

THERE WERE A NUMBER OF THEM.

SO, IT MIGHT BE EASIER IF YOU ASK US ANY QUESTIONS THAT WE CAN ASK THE APPROPRIATE STAFF MEMBER TO RESPOND.

COMMISSIONER MEENES.

FOR OUR CITY PLANNER QUESTION IN REGARD TO THE CEQA EXEMPTION, COULD YOU EXPAND ON THAT A LITTLE BIT AS TO THAT DETERMINATION AND HOW YOU ARRIVED AT THAT? FOR CLARITY, FOR THE AUDIENCE? SURE. THANK YOU, COMMISSIONER MEENES.

THROUGH THE CHAIR, THE EACH OF OUR PROJECTS, WE START WITH GETTING A SUBMISSION OF AN APPLICATION, AND THEN WE WORK WITH THEM ON GETTING A STABLE PROJECT DESCRIPTION. WE NEED TO UNDERSTAND WHAT THE COMPLETE PROJECT IS PROPOSED BEFORE WE CAN EVALUATE IT.

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

THERE'S A NUMBER OF DIFFERENT ROUTES THAT THAT COULD TAKE.

BUT ONE OF THE TOOLS THAT THE STATE HAS MADE AND CHANGED OVER THE YEARS IS PROVIDING FOR A NUMBER OF EXEMPTIONS AND OPPORTUNITIES TO EXEMPT HOUSING DEVELOPMENT PROJECTS.

THE INFILL EXEMPTION IS AN EXEMPTION THAT EXISTS FOR PROJECTS THAT MEET CERTAIN CRITERIA.

IN ORDER TO LOOK AT THIS ONE AND SEE IF IT MET THAT, WE EVALUATED IT FROM A NUMBER OF DIFFERENT TOPIC AREAS.

THERE'S SOMETHING CALLED EXCEPTIONS TO THE EXEMPTION TOPIC AREAS THAT WE NEED TO LOOK AT SUCH AS IS THERE ANY IMPACT TO TRAFFIC? IS THERE ANY IMPACT TO AIR QUALITY? IS THERE ANY IMPACT TO ANY UNUSUAL CIRCUMSTANCES? AND IN PREPARATION OF THAT WE PREPARED A NOTICE OF DETERMINATION OF EXEMPTION.

CARLSBAD MUNICIPAL CODE HAS A SLIGHTLY DIFFERENT PROCESS THAN SOME JURISDICTIONS.

[03:00:05]

THAT ACTION IS AN APPEALABLE ACTION.

AND SO THAT'S SOMETHING THAT WE POST ON OUR WEBSITE AND SEND AN EMAIL OUT TO SIGNED UP INTERESTED PARTIES.

AND THIS WAS ACTUALLY ONE OF OUR LONGER EXEMPTIONS BECAUSE IT INCLUDED ALL OF THOSE TECHNICAL STUDIES INCLUDED THE VEHICLE MILES TRAVELED TRANSPORTATION STUDY.

IT INCLUDED OUR AIR QUALITY STUDY, OUR A NUMBER OF OTHER TECHNICAL REPORTS AND INFORMATION.

AND SO THAT WAS OUR EVALUATION.

IF IT WOULD NOT QUALIFY FOR THAT EXEMPTION BASED ON OUR EVALUATION, WE WOULD HAVE LOOKED AT ONE OF THE OTHER CEQA PROPOSALS AND OTHER CEQA AVENUES, AND THOSE COULD HAVE BEEN BEFORE YOU IN THIS CASE.

AGAIN, WE LOOKED AT THAT.

WE DETERMINED I DETERMINED THAT IT WAS EXEMPT FROM CEQA POSTED THAT AND THAT ACTION WAS NOT APPEALABLE.

IT WAS NOT APPEALED.

THE WHICH IS DIFFERENT, FOR EXAMPLE, THE FPC RESIDENTIAL PROJECT.

WE DID A SIMILAR PROCESS.

IT WAS THE SAME EXEMPTION THAT WAS APPEALED.

AND SO, WHEN THAT PROJECT WAS CONSIDERED BY THE PLANNING COMMISSION APPROXIMATELY A YEAR AND A HALF AGO, THEY BOTH THE APPEAL OF THE CEQA DETERMINATION AND THE PROJECT WERE IN FRONT OF THE COMMISSION TO MAKE DECISIONS ON ADD ANOTHER QUESTION TO THIS AS WELL.

THERE IS A LOT OF EMPHASIS THIS EVENING BY THE AUDIENCE AS WELL AS SOME OF THE WRITTEN MATERIAL THAT WE HAD RECEIVED IN REGARD TO THE VMT AND OF COURSE, WITH THE VMT AND THE ANALYSIS OF THAT CEQA, COULD YOU EXPAND ON THAT A LITTLE BIT AS TO THE ANALYSIS AND HOW YOU VIEWED THE VMT? BECAUSE THE ONE OF THE PEOPLE THAT WROTE INTO US WAS EXPLICIT IN REGARD TO THE FLAW IN VMT.

AND I THINK THAT'S VERY IMPORTANT TODAY BECAUSE WE'RE TALKING ABOUT TRAVEL NOT ONLY FROM THE SITE ITSELF, BUT FROM THE AREA.

SO COULD YOU EXPAND ON THAT A LITTLE BIT FOR US? YEAH. AND IN THIS CASE, I'M GOING TO ASK LAND DEVELOPMENT MANAGER JASON GELDART TO RESPOND.

YEAH. GOOD EVENING COMMISSIONERS.

SO, THE SHORT ANSWER ON THE VMT IS THAT THE APPLICANT DID FOLLOW THROUGH REVIEW, DID CONFORM TO THE CITY'S GUIDELINES, WHICH ARE PRETTY CLOSELY FOLLOWS OPR VERSUS OFFICE OF PLANNING AND RESEARCH FOR THE STATE FOLLOWED THEIR RECOMMENDATIONS.

THE LONGER ANSWER, I'M GOING TO LET KATIE.

KATIE COLE FROM FARREN PIERCE, EXPLAIN A LITTLE MORE ABOUT VMT.

SHE IS A VMT EXPERT.

SHE WAS INSTRUMENTAL OR SHE WAS VERY HIGHLY INVOLVED WITH THE DEVELOPMENT OF OPR'S REQUIREMENTS RECOMMENDATIONS.

AND SHE'S BEEN INVOLVED IN VMT FROM THE VERY BEGINNING.

AND YOU AND YOU REPRESENT I REPRESENT THE CITY.

SO JUST AS A THREE POINT OF INTRODUCTION, MY NAME IS KATIE COLE.

I WORK FOR A FIRM CALLED FAIR AND POOR'S.

I AM UNDER CONTRACT TO THE CITY OF CARLSBAD TO REVIEW VMT STUDIES FOR LAND DEVELOPMENT PROJECTS.

I HAVE ABOUT 21 YEARS OF EXPERIENCE IN TRANSPORTATION ENGINEERING.

I'VE WORKED FOR FAIR AND PIERCE FOR 21 YEARS.

I HAVE DONE TRAVEL DEMAND MODELING AND THE ANALYSIS NEEDED TO DO VMT STUDIES FOR OVER A DECADE, AND IN THIS REGION, I HELPED DEVELOP GUIDELINES FOR MANY OF OUR LOCAL JURISDICTIONS, INCLUDING THE CITY OF CARLSBAD, BUT THE COUNTY AND CITY OF SAN DIEGO AND CHULA VISTA AND ENCINITAS AND ESCONDIDO AND SO ON.

SO, IN TERMS OF THIS PROJECT, I WAS RESPONSIBLE FOR REVIEWING THE TECHNICAL ANALYSIS THAT WAS PREPARED BY THE APPLICANT'S CONSULTANT.

THE WAY THAT THIS ANALYSIS WAS CONDUCTED IS CONSISTENT WITH THE CITY GUIDELINES, AND WE REVIEWED IT FOR THAT.

AND THE WAY THAT THIS ANALYSIS WAS PRESENTED WAS AS IF THIS PROJECT WAS GOING TO BE DOING ANY TYPE OF ENVIRONMENTAL ANALYSIS, AND SO IT COULD HAVE GONE INTO AN EIR OR A NEGATIVE DECLARATION.

BUT STEP ONE FOR ANY VMT ANALYSIS IS TO LOOK AT PROJECT SCREENING.

AND SO, WE HEARD A LOT ABOUT THE WORD EXEMPTION PROJECT SCREENING FOR VMT IS NOT AN EXEMPTION.

IT'S A PRESUMPTION THAT THE PROJECT HAS A LESS THAN SIGNIFICANT VMT IMPACT.

AND THAT STEP ONE AND THE CITY GUIDELINES HAVE ABOUT HALF A DOZEN DIFFERENT CRITERIA, BOTH PROJECT LOCATION AND PROJECT CHARACTERISTICS THAT WOULD LEAD US TO A CONCLUSION THAT IT HAS A WOULD HAVE A LESS THAN SIGNIFICANT IMPACT.

AND SO FOR THIS PROJECT, THE FIRST CRITERIA THAT WAS LOOKED AT WAS ITS PROXIMITY TO TRANSIT, THE ACTUAL CEQA GUIDELINES.

SO THE LAW, THE SEQUEL LAW FOR VMT, SAYS THAT A PROJECT THAT'S WITHIN A HALF MILE OF A HIGH QUALITY TRANSIT CORRIDOR OR MAJOR TRANSIT STOP, WHICH

[03:05:05]

SO THIS PROJECT RIGHT OFF THE BAT MET THAT CRITERIA AND YOU ONLY NEED TO MEET ONE.

HOWEVER, THIS IS ALSO A REDEVELOPMENT PROJECT.

AND SO WE ALSO LOOKED AT REDEVELOPMENT SCREENING.

THAT IS THE SCREENING WHERE WE LOOK AT WHETHER OR NOT THE SITE ITSELF, WHAT IT'S RESPONSIBLE FOR FROM A VMT PERSPECTIVE, AND HOW THE NET CHANGE HAPPENS. AND SO FOR THIS SITE, IT'S BEING REDEVELOPED FROM A SHOPPING CENTER TO RESIDENTIAL MIXED USE PROJECT.

AND SO WE LOOK AT HOW MUCH VMT, THE EXISTING SHOPPING CENTER PRODUCES, HOW MUCH VMT, THE RESIDENTIAL AND NEW PROJECT WOULD PRODUCE, AND WE COMPARE THEM.

IT IS TRUE THAT THIS IS A SHOPPING CENTER.

PEOPLE WILL CONTINUE TO SHOP.

HOWEVER, THIS PROJECT AND THIS ACTION IS NOT RESPONSIBLE FOR THAT VMT ANYMORE.

THE VONS DOWN THE STREET WOULD TAKE ON SOME OF THE VMT.

THE YOU KNOW, THE SPROUTS ON THE OTHER SIDE OF TOWN WOULD TAKE SOME OF THE VMT.

SO WE'RE TRYING TO FIGURE OUT WHAT THIS SITE IS RESPONSIBLE FOR.

AND THAT'S CONSISTENT WITH OPR GUIDELINES AND ALSO THE CITY'S GUIDELINES.

AND SO, IN THIS CASE THIS PROJECT THE ACTION OF THIS PROJECT, REDEVELOPING, DEMOLISHING WHAT'S THERE AND PUTTING IN THE RESIDENTIAL RESULTED IN A NET DECREASE IN VMT.

AND JUST TO KIND OF PUT IT IN A DIFFERENT PERSPECTIVE, BECAUSE I KNOW WE'VE HAD A LOT OF COMMENTS ABOUT THIS, AND I'M JUST HERE TO PROVIDE KIND OF THE OBJECTIVE TECHNICAL INFORMATION. WE WHEN WE'RE TRACKING VMT, WE HAVE TO THINK ABOUT WHAT THE SITE IS RESPONSIBLE FOR.

WE'RE PUTTING NEW RESIDENTS HERE, THOSE RESIDENTS, THEY PRODUCED VMT SOMEWHERE ELSE BEFORE THEY CAME TO THIS SITE, AND THEY MIGHT HAVE MOVED FROM A PLACE WHERE THEY PRODUCED A LOT MORE VMT.

AND SO WE'RE NOT TRACKING WE'RE NOT TAKING CREDIT FOR THAT MOVE.

AND SO THAT'S WHY WE NEED TO FOCUS ON WHAT'S HAPPENING WITH THIS SITE.

AND SO IN ADDITION TO MEETING THE TRANSIT PROXIMITY CRITERIA, IT ALSO MET THE REDEVELOPMENT CRITERIA.

AND SO BECAUSE OF THOSE THINGS, WE CONCLUDED THAT THE OR I CONCLUDED THAT THE ANALYSIS WAS APPROPRIATE, AND THEY DOCUMENTED THE SCREENING CRITERIA EFFECTIVELY AND THAT THE PROJECT WOULD BE PRESUMED TO HAVE A LESS THAN SIGNIFICANT IMPACT.

SO WHEN YOU'RE SAYING THE SITE IS NOT RESPONSIBLE FOR THAT ADDITIONAL VMT.

SO, MY QUESTION TO YOU THEN IS WHAT ABOUT CURRENTLY AS IT IS A SHOPPING CENTER? PEOPLE WITHIN THE AREA DRIVE AND OR WALK TO THE SHOPPING CENTER.

SO, PEOPLE IN THE AREA ARE COMING TO THIS SITE.

SO, IF YOU COMPARE THAT TO IS THIS SITE RESPONSIBLE FOR HOW DO YOU DEFINE THE DIFFERENCE.

SO, WE SO YOU KNOW IT'S A MAGNET BUT IT WILL NO LONGER BE A MAGNET.

YEAH. SO, THE TOTAL BETWEEN THAT AND THE TOTAL HOW DO YOU ANALYZE THAT.

YEAH. THE TOTAL VMT FOR AN INDIVIDUAL PROJECT SITE YOU CAN YOU'RE GOING TO TRACK EVERY TRIP THAT CROSSES IN THE DRIVEWAY.

RIGHT. AND SO NOW ALL OF A SUDDEN, THOSE TRIPS ARE NO LONGER CROSSING IN THE DRIVEWAY.

HOWEVER, THIS CIRCUMSTANCE OF HAVING A GROCERY STORE CLOSE AND HAVING THE EXISTING COMMUNITY NEED TO GO TO OTHER PLACES WAS SOMETHING THAT WE DID THAT THE APPLICANT IN THEIR ANALYSIS DID INCLUDE.

AND SO, WHILE THE, YOU KNOW, THE SITE ITSELF IS NOT NOW RESPONSIBLE FOR A RESIDENT'S TRIP TO VONS, IT THE ACT OF CLOSING THE SITE DID CAUSE THAT PERSON TO HAVE TO DRIVE FURTHER.

AND SO THEY DID INCLUDE A KIND OF AN INCREASE IN VMT ATTRIBUTABLE TO THE SITE, SO ASSIGNED SITE RESPONSIBILITY FOR THE FACT THAT NOW SOMEBODY HAS TO GO FURTHER TO GET TO VAUGHAN'S.

SO THE FIRST LITTLE PIECE OF THEIR TRIP THEY'RE NOT RESPONSIBLE FOR, BUT THE PART THAT THEY HAVE TO GO FURTHER, THEY ARE WHAT PERCENTAGE FACTOR WAS THAT ANALYZED. SO, THEY ACTUALLY DID A TECHNICAL ANALYSIS WHERE THEY LOOKED AT THE LOCATION OF A, YOU KNOW, OTHER EXISTING COMMERCIAL GROCERY SITES AND FIGURE IT OUT WHAT THE DISTANCE, THE AVERAGE DISTANCE THAT PEOPLE THEY USED CELL PHONES.

SO BIG DATA TRANSPORTATION ENGINEERS, WE LOVE TO USE CELL PHONE RECORD DATA.

WE GET IT ANONYMOUSLY WE CAN PURCHASE IT AND IT CAN SHOW US WHERE PEOPLE ARE GOING TO AND COMING FROM AND HOW FAR THEY'RE DRIVING TO GET TO THOSE PLACES.

AND I KNOW I SOMETIMES I TALK ABOUT THAT IN THESE SETTINGS AND PEOPLE GET VERY NERVOUS, BUT THIS IS A DATA SET THAT IS VERY COMMONLY USED IN THE TRANSPORTATION INDUSTRY.

AND SO THEY USE DATA TO UNDERSTAND THE AVERAGE DISTANCE THAT PEOPLE WERE TRAVELING TO THE CURRENT SITE.

AND THEN THEY LOOKED AT THE DISTANCE AWAY THAT OTHER GROCERY STORES WOULD BE, AND THEY FIGURED OUT WHAT THAT NET CHANGE WOULD BE IN TERMS OF DISTANCE.

SO, WITH THAT ANALYSIS FACTOR, IT'S OBVIOUSLY DETERMINED THAT IT WAS IT WAS NOT SIGNIFICANT.

[03:10:04]

THE COMBINATION OF THOSE TWO THINGS RESULTED IN THE RESPONSIBILITY OF THAT SITES, THE NET VMT OF THAT INDIVIDUAL SITE BEING LESS.

AND SO, BECAUSE IT'S LESS, WE WOULD CONCLUDE THAT THERE'S A LESS THAN SIGNIFICANT IMPACT FOR A REDEVELOPMENT PROJECT.

THANK YOU. IF I MAY, I JUST WANT TO MAKE ONE POINT OF CLARIFICATION.

AND THAT IS THAT CITY STAFF IS PROVIDING INFORMATION FOR THE PLANNING COMMISSION RELATIVE TO VMT IN ORDER TO HELP THE PLANNING COMMISSION UNDERSTAND SOME OF THE ARGUMENTS THAT MEMBERS OF THE PUBLIC HAVE PRESENTED RELATED TO CEQA AND THE CEQA EXEMPTION.

HOWEVER, UNDER THE CARLSBAD MUNICIPAL CODE, THE DECISION ON THE CEQA EXEMPTION IS FINAL.

SO, I WANT TO MAKE IT ABUNDANTLY CLEAR THAT THE INFORMATION YOU HAVE BEEN PROVIDED RELATED TO CEQA AND VMT IS INFORMATIONAL ONLY, AND THE PLANNING COMMISSION CANNOT REOPEN OR MODIFY THE CEQA EXEMPTION BASED ON ANY OF THE INFORMATION THAT YOU'RE RECEIVING.

AGREED. THANK YOU.

DO ANY COMMISSIONERS HAVE FURTHER QUESTIONS OF THIS PERSON? COMMISSIONER LAFFERTY.

ARE PEDESTRIANS INCLUDED IN THE VMT.

PEDESTRIANS ARE NOT PART OF A VMT.

VMT IS SPECIFICALLY THE AMOUNT IN A CAR, SO IT'S THE DISTANCE.

THINK OF IT AS YOUR ODOMETER.

IT'S HOW FAR YOU DRIVE IN YOUR CAR.

SO HAS THERE BEEN AN ANALYSIS OF PEDESTRIAN TRAFFIC IN THIS SITE AT ALL? THE AMOUNT OF EXISTING PEDESTRIAN TRAFFIC OR I MEAN, THAT'S NOT I WILL LET JASON ANSWER.

I SPECIFICALLY LOOKED AT VMT FOR THE SITE.

NO, THERE WASN'T AN ANALYSIS OF PEDESTRIAN TRAFFIC OR COUNTS.

DO ANY OTHER COMMISSIONERS HAVE QUESTIONS OF THIS PERSON? COMMISSIONER STINE YES.

MA'AM? I WAS LISTENING VERY CLOSELY TO YOUR COMMENTS AND VERY IMPRESSED ON THE PROFESSIONAL WAY THAT YOU THAT YOU ELABORATE ON THIS, WOULD YOU? AND DON'T BE MODEST. TELL US A LITTLE BIT MORE ABOUT YOUR PROFESSIONAL BACKGROUND, YOUR LICENSING, HOW MANY YEARS YOU'VE BEEN WORKING IN THE FIELD, THAT TYPE OF THING.

SO, WE GET A SENSE ON WHAT KIND OF EXPERIENCE AND QUALIFICATIONS YOU BRING TO YOUR ANALYSIS.

YEAH. SO AGAIN, MY NAME IS KATIE COLE.

I'VE WORKED FOR FARRON PEERS, WHICH IS A EXCLUSIVELY TRANSPORTATION PLANNING AND ENGINEERING CONSULTING FIRM, FOR 21 YEARS.

MY BACKGROUND IS IN CIVIL ENGINEERING.

I'M A LICENSED ENGINEER IN SEVERAL STATES.

AND IN TERMS OF MY WORK IN THIS REGION, I'VE BEEN IN THE SAN DIEGO REGION FOR ABOUT TEN YEARS.

I STARTED MY CAREER ACTUALLY IN SACRAMENTO, AND I'VE MOVED AROUND.

I WAS IN SAN JOSE FOR SEVERAL YEARS AS WELL, BUT I'VE BEEN IN SAN DIEGO FOR APPROXIMATELY TEN YEARS, AND AS PART OF MY WORK HERE IN SAN DIEGO, I HAVE BEEN VERY INVOLVED IN TRAVEL DEMAND MODELING WITH SANDAG AND ASSISTING THEM, AND ALSO HELPING MANY OF OUR LOCAL AGENCIES WRITE VMT GUIDELINES AND IMPLEMENT SB 743 AND HELP THEM UNDERSTAND THE PROCESS AND WHAT GOES INTO IT.

I ALSO SERVE AS THE INSTITUTE OF TRANSPORTATION ENGINEERS SUBCOMMITTEE TECHNICAL ADVISORY CHAIR FOR MODELING IN SB 743, AND I'VE SERVED IN THAT CAPACITY FOR ABOUT FIVE YEARS.

SO AS A LICENSED CIVIL ENGINEER, IT SOUNDS LIKE THAT YOU'RE KIND OF SPECIALTY OR NICHE WITHIN THAT FIELD IS TRAFFIC RELATED ISSUES.

IS THAT FAIR? IN MY I AM EXTREMELY I AM 100% FOCUSED ON TRANSPORTATION PLANNING AND ENGINEERING.

THAT'S ALL I DO. OKAY.

AND TRANSPORTATION, INCLUDING TRAFFIC ISSUES, VMT, THIS TYPE OF THING.

VMT LEVEL OF SERVICE.

YEAH. THIS IS THIS IS MY PROFESSIONAL CAREER IS 100% FOCUSED ON THIS SUBJECT.

GOOD. THANK YOU. ANY OTHER COMMISSIONERS HAVE ANY QUESTIONS OF COMMISSIONER DANA? I HAVE A TRAFFIC RELATED QUESTION BUT MAY NOT BE NECESSARILY RELATED TO VMT.

SO, IF I MAY CONTINUE.

OKAY. SO, THIS IS PROBABLY FOR MR. GELDER, MR. SCHMIDT. BUT SO, MY QUESTION IS, HOW CAN YOU PLEASE EXPLAIN TO US HOW ADT COMES INTO PLAY AND WHAT'S THE DIFFERENCE IN WHAT THE CITY IS LOOKING FOR IN ADT VERSUS THE VMT? OKAY.

THANK YOU, [INAUDIBLE] ADT IS, THE IS A TRAFFIC COUNT.

IT'S HOW MANY CARS ARE ON THE ROAD OR LEAVING THE SITE OR COMING TO THE SITE.

IT'S A VOLUME OF TRAFFIC AND THAT'S RELATED TO CONGESTION.

AND THAT'S USED FOR LOCAL MOBILITY ANALYSIS.

[03:15:01]

IT USED TO BE LEVEL OF SERVICE.

NOW IT'S AND THE LEVEL OF SERVICE IS A MEASURE OF CONGESTION OR MEASURE OF HOW MANY CARS ARE ON THE ROAD AND HOW THAT FEELS.

SO, LEVEL OF SERVICE TELLS YOU IF IT FEELS IF IT FEELS LIKE A LOT OF DELAY, IT'S ACTUALLY MEASURING DELAY AND HOW LONG IT TAKES TO GET SOMEPLACE.

THE WE'VE SO STATE LAWS SWITCHED IT TO VMT.

SO, VEHICLE MILES TRAVELED.

HOW MANY HOW MANY MILES ARE SOMEONE TRAVELING ON THEIR CAR.

AND WE HAVE A SLIDE OF WHY THAT WAS WHAT VMT IS TRYING TO ACCOMPLISH.

AND LET'S SEE WAS THAT IT WAS THAT FIRST ONE KATIE AT 63.

SO, THESE ARE WHAT THEY WERE TRYING, WHAT 743 OR WAS TRYING TO ADDRESS IS CLIMATE CHANGE REDUCING GREENHOUSE GASES.

HOWEVER, THE STATE WAS ALSO WITH ALL THE HOUSING LAWS.

WE'RE TRYING TO ALSO ENCOURAGE INFILL DEVELOPMENT AND A DIVERSITY OF USES LIKE MIXED USE DEVELOPMENTS IN AN URBAN ENVIRONMENT.

EXACTLY. PROBABLY WHAT THIS PROJECT IS TRYING TO DO.

AND THEN VMT LAWS WERE ALSO TRYING TO PROMOTE MULTIMODAL USES OTHER THAN CARS AND BICYCLES, BUSSES, TRAINS AND GET COMMUNITIES TO START DEVELOPING THOSE, THOSE OTHER RESOURCES AND WAYS TO TRAVEL LOSS OR LEVEL OF SERVICE WHICH IS RELATED TO WHICH I THINK YOU REFERRED TO AS THE ADT, WHICH IS AVERAGE DAILY TRIPS. BUT THAT'S A WAY TO UNDERSTAND HOW MUCH TRAFFIC IS BEING.

I WOULD SAY CONGESTION IS BEING PRODUCED BY A PROJECT.

AND SO THAT IS STILL COMES INTO PLAY WITH THE CITY OF CARLSBAD AND OUR LOCAL MOBILITY ANALYSIS ON CERTAIN ROADWAYS THAT WE LOOK AT LEVEL OF SERVICE AND THAT'S TRIGGERED.

AND TYPICALLY A STUDY IS TRIGGERED IF THERE IS IF A PROJECT IS PRODUCING MORE ADT THAN IF IT'S A REDEVELOPMENT PROJECT, IF IT'S PRODUCING MORE ADT OR MORE TRIPS THAN THE, THAN THE PROJECT IT'S REPLACING IN THIS CASE, THIS PROJECT IS PRODUCING LESS TRIPS.

THEN THE THEN THE PROJECT GETS REPLACING.

OKAY. AND IS THAT AS A FUNCTION OF THE BOTH THE INCREASE IN RESIDENTIAL USE AND THE COMBINATION OF IT BEING A MIXED USE.

YES. BECAUSE RESIDENTIAL.

THAT'S CORRECT.

AND I COULD I HAVE OUR TRANSPORTATION MANAGER HERE TO AND HE COULD FURTHER EXPLAIN AND PROBABLY DO A LITTLE BETTER JOB THAN I AM ON HOW THAT MAY COME ABOUT, WHERE IT SEEMS LIKE RESIDENTIAL, LIKE 218 UNITS SEEMS LIKE A LOT.

AND PEOPLE. AND THEN THE COMMERCIAL WOULD SEEM LIKE IT'S LESS, BUT IT'S NOT.

THAT'S NOT REALLY HOW IT WORKS.

HEY, NATHAN. SCHMIDT.

TRANSPORTATION PLANNING, MOBILITY MANAGER FOR THE CITY.

SO, EVERYTHING MR. GELDART SAID WAS ACCURATE JUST TO BUILD ON HIS RESPONSE.

IN TERMS OF THE ACTUAL TRIP GENERATION OF THE PROJECT SITE, HE IS CORRECT.

ACCORDING TO THE TRIP GENERATION ANALYSIS THAT WAS DONE AS PART OF THE CONSULTANT STUDY, IT IS SHOWING THAT THE SITE WILL PRODUCE LESS TRIPS THAN THE EXISTING COMMERCIAL RETAIL USES ON THE SITE.

NOW THAT'S A FUNCTION OF THE ACTIVITY THAT GOES ALONG WITH COMMERCIAL RETAIL USE.

THERE'S A LOT MORE TRIPS GOING IN AND OUT OF THOSE USES.

THERE'S DELIVERIES, THERE'S PEOPLE, THERE'S CUSTOMERS, THERE'S STAFF.

THEY JUST GENERALLY CREATE MORE TRIPS THAN WHAT A TYPICAL RESIDENTIAL USE IS.

SO IT MAY BE AT FIRST KIND OF COUNTERINTUITIVE, BUT INDEED, WHAT WE DO TYPICALLY SEE IS THAT THESE COMMERCIAL SITES GENERATE MORE TRIPS THAN A TYPICAL RESIDENTIAL USE DOES.

AND THAT'S WHY WE ARE SEEING THE LOWER TRIP GENERATION NOW WITH THIS RESIDENTIAL USE COMING IN.

DOES THAT CLARIFY YOUR QUESTION? OKAY. DO ANY COMMISSIONERS HAVE ANY FURTHER QUESTIONS AT THIS POINT? COMMISSIONER STINE.

THANK YOU, MISTER CHAIR.

COUPLE ISSUES THAT WERE MENTIONED BY ONE OF THE SPEAKERS, MR. WICKHAM, AND I WANTED TO GET SOME STAFF INPUT ON.

FIRST ISSUE WAS HE INDICATED THAT THIS IS A VERY BAD COLLISION AREA.

THAT'S VERY HIGH COLLISIONS RIGHT ALONG THAT STRETCH OF CARLSBAD VILLAGE DRIVE.

COULD STAFF COMMENT ON THAT, PLEASE? THANK YOU FOR THE QUESTION.

NATHAN SCHMIDT, TRANSPORTATION PLANNING MOBILITY MANAGER.

IT'S I GUESS IT'S KIND OF DIFFICULT TO ANSWER THAT QUESTION.

IT'S THE BASIS FOR THE COMMENT IS UNKNOWN.

[03:20:02]

SO I'M UNSURE OF OF THE BASIS FOR HIS JUSTIFICATION FOR THAT CLAIM.

OKAY. SO YOU DON'T HAVE ANY DATA THAT WOULD SUPPORT THAT AT THE PRESENT TIME.

IS THAT RIGHT IN BEING THE SUPPORT THAT THAT IT WAS A HIGH COLLISION AREA COMPARED TO OTHER PLACES? HE SAID. EVEN COMPARED TO EL CAMINO REAL AND PALOMAR AIRPORT ROAD, WHICH IS A HEAVY TRAFFIC AREA.

DO YOU KNOW ONE WAY OR THE OTHER HOW THESE COMPARE? WE WOULD HAVE TO LOOK INTO THAT FURTHER AND GET BACK TO YOU.

THAT'S THAT'S A DETAILED QUESTION TO GET INTO.

OKAY. THAT'S FINE.

THEN THAT'S ALL I HAD ON THAT ISSUE.

AND THE SECOND ONE ALSO REFERENCED BY MR. WICKHAM. AND THIS IS PERHAPS FOR PLANNING STAFF OR PERHAPS THE CITY ATTORNEY.

THERE WAS A REQUEST FOR A MORATORIUM TO PAUSE THIS PROJECT.

CAN WE DO THAT? IS THERE ANY LEGAL AUTHORITY TO DO THAT? AND IF SO, WHAT WOULD WE HAVE? WHAT BASIS OR FINDINGS WOULD WE HAVE TO ADOPT IN ORDER TO SUPPORT A MORATORIUM? SO THE STATE LEGISLATURE HAS DECLARED A STATEWIDE HOUSING EMERGENCY AND HAS SUSPENDED CERTAIN RESTRICTIONS ON DEVELOPMENT OF NEW HOUSING.

DURING THE EMERGENCY PERIOD, AMONG OTHER THINGS, THE LEGISLATURE SUSPENDED THIS LOCAL JURISDICTIONS ABILITY TO IMPLEMENT A MORATORIUM OR OTHER SIMILAR RESTRICTIONS ON HOUSING DEVELOPMENT, INCLUDING MIXED USE HOUSING DEVELOPMENTS OTHER THAN TO SPECIFICALLY PROTECT AGAINST AN IMMINENT THREAT TO HEALTH OR SAFETY OF PERSONS RESIDING IN OR WITHIN THE IMMEDIATE VICINITY OF THE AREA.

SUBJECT TO THE MORATORIUM.

AND I'LL READ THAT ONE MORE TIME FOR YOU.

SO IT WOULD NEED TO BE TO SPECIFICALLY PROTECT AGAINST AN IMMINENT THREAT TO THE HEALTH AND SAFETY OF PERSONS RESIDING IN OR WITHIN THE IMMEDIATE VICINITY OF THE AREA, SUBJECT TO THE MORATORIUM.

OKAY. SOUNDS LIKE A VERY HIGH BAR.

CORRECT. OKAY.

AND WE AS A PLANNING COMMISSION WOULD HAVE NO SUCH AUTHORITY.

THAT WOULD BE COUNCIL. IS THAT RIGHT? CORRECT. THANK YOU.

COMMISSIONERS, HAVE ANY OTHER QUESTIONS? COMMISSIONER MERZ, I SEE YOUR NAME ON HERE.

AND SO ARE WE.

CAN. WE CAN ASK ON ANYTHING.

NOW. WE'RE BEYOND IT. OKAY, GOOD.

SO FIRST OFF, I, IN LISTENING TO THE PUBLIC TESTIMONY, I CERTAINLY UNDERSTAND AND FEEL FOR THE PUBLIC'S CONCERN ABOUT THE LOSS OF A GROCERY RETAIL PHARMACY.

BUT IN LISTENING TO THIS, THOUGH, ONE OF THE ONE OF THE SPEAKERS BROUGHT THE POINT THEY'RE TRYING TO MAKE.

THERE'S A PUBLIC AND SAFETY, HEALTH AND SAFETY ISSUE BY THE REMOVAL OF THE GROCERY STORE.

THE QUESTION I HAVE FOR STAFF AND OBSERVATION I MAKE ON THAT IS THAT THERE'S A BIG PROBLEM WITH THAT STATEMENT.

AND THAT STATEMENT SAYS IS, IS THAT THE EXISTENCE OF THE ANY RETAIL THERE ALL HINGES UPON THE EXISTENCE OF A PRIVATE CONTRACT BETWEEN A LANDLORD AND A TENANT, AND SO STATING THAT IT'S A PUBLIC SAFETY ISSUE REQUIRES THEREFORE, THE GOVERNMENT TO INVOLVE THEMSELVES IN WHO CAN BE A TENANT AND WHO CANNOT.

AND THAT I SEE A BIG PROBLEM WITH THAT.

AND IT ALSO SEEMS TO ASSUME THAT THERE WILL BE THIS WILL EXIST IN PERPETUITY.

I WANTED TO ASK THE QUESTION OF THE APPLICANT ABOUT THE, YOU KNOW, THE CHAIRMAN, THE CEO OF THE CHAMBER OF COMMERCE MENTIONED THAT SMART AND FINAL APPARENTLY IS GOING TO CLOSE OR NOT, BUT I'M NOT GOING TO ASK THAT QUESTION BECAUSE IT DOESN'T SEEM LIKE IT'S OKAY TO DO THAT.

SO I GUESS THE QUESTION I HAVE FOR STAFF IS THAT ACCURATE? CAN IT DOESN'T SEEM TO ME THAT WE CAN MAKE A HEALTH AND SAFETY DETERMINATION ON THE REMOVAL OF A SERVICE, IF THAT SERVICE IS A FUNCTION OF A PRIVATE CONTRACT BETWEEN A TENANT AND A LANDLORD.

AND THE SAME THING WOULD SEEM TO BE TRUE OF THE OF THE TRAFFIC ISSUE.

MR. LINKE BROUGHT THE DIAGRAM SAYING THAT, YOU KNOW, SHOWING THE ARROWS, WHICH IS EFFECTIVE, BUT AGAIN, IT ASSUMES THAT THAT'S GOING TO GO.

AND SO FOR THAT, FOR HEALTH AND SAFETY, IT REQUIRES US TO BE GO TO A PLACE WE CAN'T BECAUSE OF THAT FUNCTIONING ON A, ON A PRIVATE CONTRACT.

AND THAT'S SORRY TO RAMBLE THERE, BUT THAT'S MY QUESTION, I DON'T THINK I DON'T SEE HOW WE CAN MAKE THAT FINDING.

YOU COMMENT ON THAT. WHY DON'T I START AND ASK ATTORNEY FROST TO ADD ANYTHING ELSE? I THINK THERE'S SORT OF TWO COMMENTS THERE, AND THERE ARE DIFFERENT STANDARDS UNDER CEQA AND THE CEQA DETERMINATION.

THE STANDARD IS, IS THERE AN IMPACT THAT WOULD NEGATE THE ABILITY TO USE AN INFILL EXEMPTION? THE STANDARD IS FOR VEHICLE MILES TRAVELED.

AND WE STUDIED THAT AND THERE WAS NOT ONE FIVE YEARS AGO.

THE STANDARD WAS LEVEL OF SERVICE, BUT THE STATE SPECIFICALLY PRECLUDES USING LEVEL OF SERVICE WHEN DOING A CEQA ANALYSIS.

BECAUSE THE STATE'S STATED GOAL WAS TO ENCOURAGE INFILL AND DISCOURAGE EX FILL RURAL GREENFIELD DEVELOPMENT.

SO THAT'S STANDARD.

AND WE DID NOT SEE ANY EVIDENCE THAT THAT IT WAS NOT MET THAT THE WITH RESPECT TO THE PUBLIC HEALTH AND SAFETY, THE STANDARD IS A

[03:25:09]

WE DO NOT HAVE A WRITTEN PUBLIC HEALTH OR SAFETY STANDARD WITH RESPECT TO PROVISION OF CERTAIN RETAIL USES IN THE VILLAGE AND BARRIO.

THE VILLAGE AND BARRIO PLAN WAS WRITTEN TO ALLOW FOR A BROAD RANGE OF USES IN BOTH THIS DISTRICT AND MANY OF THE OTHER DISTRICTS, SO BASED UPON OUR RECOMMENDATION, IT HAS NOT MET THAT STANDARD.

I WANT TO SEE IF ATTORNEY FROST HAS ANYTHING ELSE TO ADD.

I THINK THAT ADEQUATELY SUMMARIZES IT, BUT I WOULD ASK IF STAFF WOULD MIND PUTTING THAT SLIDE UP ON THE SCREEN TO HELP GUIDE THE COMMISSION'S CONVERSATION, BECAUSE I THINK THAT REALLY IS WHAT THEY'LL NEED TO FOCUS ON FOR MAKING THEIR FINDINGS.

I BELIEVE THIS. SLIDE 44.

HE SAID A FOLLOW UP WITH THAT TO IF I COULD.

YEAH. SO. BECAUSE? BECAUSE IT SEEMS TO ME SO THE CONCERN THAT THE PUBLIC BROUGHT UP ABOUT THAT, ABOUT THE REMOVAL OF SERVICES THERE, THAT THE FACT THAT THE SITE IS AND THEN THE PREVIOUS QUESTION ABOUT THE SITE IS ZONED WHERE IT COULD BE ALL COMMERCIAL, IT COULD BE ALL RESIDENTIAL.

THE ONLY WAY TO MITIGATE THAT CONCERN IS IF THE CITY CHOSE TO ZONE THAT AS A PURELY COMMERCIAL SITE, RIGHT? WHICH IT'S NOT. RIGHT.

SO IT SEEMS TO ME THAT THE ONLY SO THE ONLY WAY TO ADDRESS THE PUBLIC'S CONCERN OVER LOSS OF SERVICES IS FOR THAT TO BE RESTRICTED TO STRICTLY COMMERCIAL RETAIL SITE.

IT'S NOT IT'S THE ZONE.

IT'S ALLOWS FOR RESIDENTIAL.

SO, I THINK THERE'S A PROBLEM.

IT SEEMS THAT MOST OF THE TESTIMONY IS HINGING ON THE FACT OF LOSS OF SERVICES, BUT IF IT'S ZONED FOR THAT, IT'S NOT RESTRICTED TO THAT ZONING.

I DON'T SEE HOW WE CAN MAKE THAT THAT FINDING.

ALL RIGHT. COMMISSIONER MERZ, I THINK YOU'RE JUMPING THE GUN.

I'M SORRY. YOU KNOW GREAT COMMENTS, BUT THAT'S MORE I GUESS THAT'S MORE COMMISSIONER DISCUSSION THAN QUESTION.

I APOLOGIZE, I AM OUT OF ORDER.

I DO APOLOGIZE, IN FACT LET'S SEE IF WE CAN SEE IF THERE ARE ANY QUESTIONS THAT ANY OF YOU COMMISSIONERS HAVE REGARDING STAFF OR APPLICANT.

IF NOT, WE CAN MOVE ON TO DISCUSSION.

ANY OTHER QUESTIONS OF STAFF OR APPLICANT? OKAY. COMMISSIONER DANNA.

THANK YOU. YEAH. JUST TO KIND OF SUMMARIZE THIS SLIDE AND KIND OF SAY IT IN ENGLISH, I GUESS.

SO WHAT THIS IS SAYING IS BASICALLY THAT AT THE TIME WHEN THIS APPLICATION WAS DEEMED COMPLETE OR SUBMITTED, I'M GUESSING IT WAS SUBMITTED SINCE IT WAS PROBABLY AN SP 330 APPLICATION.

AT THAT TIME, WHATEVER HEALTH AND SAFETY STANDARDS ARE IN PLACE THERE WOULD NEED TO BE EVIDENCE THAT THOSE HEALTH AND SAFETY STANDARDS WERE VIOLATED.

IS THAT CORRECT? SOMEWHAT.

YOU WOULD FIRST NEED TO IDENTIFY OBJECTIVE WRITTEN PUBLIC HEALTH AND SAFETY STANDARD THAT WAS IN PLACE AT THE TIME THE APPLICATION WAS SUBMITTED.

AND THEN YOU WOULD NEED TO MAKE A FINDING THAT THE THERE THE PROJECT VIOLATES THAT STANDARD AND THAT THERE'S NO WAY TO CORRECT THE PROBLEM.

OTHER THAN TO DENY IT.

THANK YOU. ALL RIGHT.

AGAIN, ANY OTHER QUESTIONS THAT COMMISSIONERS HAVE OF THE APPLICANT OR THE STAFF? ALL RIGHT. SEEING NONE, LET'S OPEN FOR COMMISSION DISCUSSION.

I WOULD LIKE TO TAKE A START.

COMMISSIONER MERZ, I'M SORRY.

I APOLOGIZE FOR JUMPING AHEAD.

I WAS JUST I JUST FELT BADLY FOR.

I MEANT TO MAKE THAT AS A QUESTION.

I DID NOT. SO, YOU'RE ABSOLUTELY.

AND YOU'RE CORRECT.

I APPRECIATE YOUR ENTHUSIASM AND DETERMINATION.

THAT'S ALL I WAS TRYING.

I SHOULD HAVE ASKED AS A QUESTION IS THE HOW IS THE RECOURSE WOULD BE RESTRICTED TO ZONING? IF I UNDERSTOOD THAT CORRECTLY, I SHOULD HAVE POSED IT THAT WAY.

[03:30:01]

YEAH, I THINK IN SUMMARY WHERE WE ARE IS THAT THE CITIZENS OF THE CITY OF CARLSBAD, PRIMARILY THE CITIZENS WHO LIVE IN THE VILLAGE, IN THE AREA ITSELF, YOU KNOW, ARE CONCERNED ABOUT THE CHANGE OF USE OF THIS PARTICULAR SITE, AND RIGHTLY SO.

YOU KNOW, IT'S BEEN THERE FOR MANY, MANY, MANY YEARS.

YET AT THE SAME TIME WITH LEGISLATION THAT HAS COME DOWN FROM SACRAMENTO OVER THE LAST 5-OR 6-YEARS REGARDING HOUSING, AFFORDABLE HOUSING AND THE CRISIS OF HOUSING IN THE STATE OF CALIFORNIA.

THEY HAVE IMPOSED LEGISLATION ON ALL THE CITIES IN REGARD TO PROVIDING MORE HOUSING AND COMING UP WITH WAYS IN WHICH HOUSING CAN BE ADDRESSED LOCALLY.

THE SAD PART ABOUT IT IS, IS THAT WHEN YOU LOOK AT A CITY IN THE SAN JOAQUIN VALLEY VERSUS CARLSBAD AND HOW HOUSING IS BEING PROVIDED, IT'S QUITE DIFFERENT.

AND YET THE STATE OF CALIFORNIA, OF COURSE, WHEN THEY PROVIDE LEGISLATION OF THIS NATURE TO MEET THE DEMANDS OF OF BEING ABLE TO PROVIDE HOUSING, THEY DON'T NECESSARILY DEFINE IT SPECIFICALLY TO THE JURISDICTION.

AND THAT'S ONE OF THE FRUSTRATIONS THAT ALL OF US HAVE EVEN AS PLANNING COMMISSIONERS.

SO WE HAVE A SITUATION THAT WE ARE, I GUESS, DEALT, DEALT WITH FROM THE STATE IN HAVING TO PROVIDE HOUSING. AND YET A DEVELOPER OR AN APPLICANT CAN COME AND PROVIDE WHAT THEY WANT AND WHAT THEY FEEL IS IMPORTANT FOR A PARTICULAR SITE TO DEVELOP.

AND YET WITH, YOU KNOW, SB 330 AND SOME OF THE OTHER LEGISLATION THAT'S COME DOWN, IT PROVIDES THE OPPORTUNITY TO PROVIDE AFFORDABLE HOUSING AND TO MEET THESE DEMANDS AND REQUIREMENTS IN DOING SO.

THEN THERE'S THE WAIVERS THAT WE ARE TALKING ABOUT RIGHT NOW.

AND WITH WAIVERS, THEY CAN COME IN AND ASK FOR THE WAIVERS, WHICH RIGHTLY SO PER THE LEGISLATION.

AND THEY SOMETIMES ARE CONTRARY TO WHAT OUR CITY FATHERS, GOING BACK A NUMBER OF YEARS, TRIED TO COME UP WITH WAYS IN WHICH WE DEVELOP THE CITY OF CARLSBAD, YOU KNOW, WITH THE GROWTH MANAGEMENT, WITH THE VILLAGE MASTER PLAN AND THINGS OF THAT NATURE.

AND YET WITH THIS LEGISLATION, YOU KNOW, IT COMES DOWN TO OUR HANDS ARE TIED UNLESS WE WANT TO BE SUBJECT TO LITIGATION OR WHATEVER THE CASE MIGHT BE.

AND SO THEREFORE, WE AS PLANNING COMMISSIONERS IN THE DECISIONS THAT WE HAVE TO MAKE, WE'RE STILL BOUND BY THIS LEGISLATION THAT ALL CITIES AND JURISDICTIONS IN THE STATE OF CALIFORNIA ARE HAVING TO DEAL WITH TO MEET THE HOUSING CRISIS.

SO I THOUGHT I'D JUST SHARE THAT WITH YOU.

THANK YOU. COMMISSIONER STINE.

YES. I WANT TO ECHO AND SAY I FULLY UNDERSTAND, AND I THINK HE'S SPOT ON.

COMMISSIONER MEENES AND HIS COMMENTS ABOUT THE STATE LAW AND HOW IT IMPACTS US HERE.

THIS IS WHERE THE RUBBER MEETS THE ROAD.

IT'S ONE THING TO BE UP IN SACRAMENTO AND PASS LAWS THAT BASICALLY MANDATE CERTAIN THINGS BE DONE AT A LOCAL LEVEL, BUT THAT'S WHERE IT HAPPENS HERE AND IN OTHER CITIES WHERE WE HAVE TO BASICALLY ADHERE TO THAT.

AND THERE'S A STATE BASICALLY THESE LAWS OVERRIDE SOME OF OUR LOCAL JURISDICTIONS A LOCAL DISCRETION, AND WE'RE SUBJECT TO THEM.

SO UNFORTUNATELY, THEY DO CONTROL THE STATE LAW CONTROLS.

BUT LET ME GO BACK TO ONE OTHER ISSUE REAL QUICK.

AND THEN I'LL KIND OF RUN THROUGH MY THOUGHTS ON THIS PROJECT IN TERMS OF THE CEQA ISSUE, AS OUR CITY ATTORNEY HAS MENTIONED A NUMBER OF TIMES, WE CAN'T REVISIT THAT.

THAT SHIP HAS SAILED.

OKAY. THERE'S A PROCESS FOR CHALLENGING A DETERMINATION ON A CEQA RELATED EXEMPTION.

THE CITY PLANNER HAS MADE THAT DETERMINATION.

THERE'S A TEN-DAY PERIOD TO CHALLENGE THAT ADMINISTRATIVE EXCUSE ME, ADMINISTRATIVELY.

AND THAT WAS NOT DONE HERE.

SO, IT'S NOT ON OUR PLATE TONIGHT TO REVISIT THAT OR CHALLENGE THAT EVEN IF WE DISAGREED WITH THAT, I DON'T HAPPEN TO PERSONALLY DISAGREE WITH WHAT HE DID.

BUT EVEN IF WE DID, THAT'S BEYOND THAT'S NOT BEFORE US TONIGHT.

SO THAT IS A GIVEN.

SO, THERE IS AN EXEMPTION.

HE FOUND THAT NONE OF THE EXCEPTIONS TO THE EXEMPTION APPLY, AND THERE WAS NO TIMELY RESPONSE OR OBJECTION TO THAT.

CASE CLOSED.

WE'VE GOT TO MOVE ON.

[03:35:01]

IT'S DONE.

NOW, WITH REGARD TO THE PROJECT ITSELF, I HEAR, AND I'M SYMPATHETIC TO A LOT OF THE NEIGHBORHOOD CONCERNS ABOUT DEMOLISHING A PROJECT THAT HAS SERVED THEM WELL, PARTICULARLY IN A LOCAL GROCERY STORE.

THE SMART AND FINAL THERE, THAT'S A BIG THING, WE WANT THE VILLAGE TO BE AS WALKABLE AS POSSIBLE, AND THAT STORE HAS SERVED LOCAL CITIZENS AND CONTINUES TO SERVE THEM FOR MANY, MANY YEARS.

SO I UNDERSTAND DEMOLISHING THAT AND PUTTING IN A COMPLETELY DIFFERENT PROJECT.

AND WHEN I ASKED THE APPLICANT ABOUT THE REPLACEMENT, HE MENTIONED THERE WOULD BE A MARKET THERE, BUT IT'S A MARKET THERE WHERE THE SQUARE FOOTAGE IS ABOUT A QUARTER OF WHAT THE SMART AND FINAL IS.

SO I DON'T THINK IT'S, IT'S, IT'S I THINK IT'S APPLES AND ORANGES.

I THINK THAT A MARKET, IF IT DOES GO AND WE CAN'T DIRECT THE, THE APPLICANT TO PUT IN A MARKET, THERE WOULD BE MUCH SMALLER AND OFFER NOT FULL SERVICE, NOT ALL YOUR SHOPPING, BUT A VERY LIMITED VARIETY JUST BY THE NATURE OF THE SIZE.

SO UNFORTUNATELY THAT WOULD BE A LOSS TO THE COMMUNITY IN TERMS OF THE HEIGHT OF THE PROJECT.

YES. I THINK IT'S A SHAME THAT WE CAN'T ADHERE AND ENFORCE OUR FOUR-STORY LIMIT IN THE VILLAGE.

WE WANT THE VILLAGE TO BE A VILLAGE AND NOT A METROPOLIS.

OKAY? AND KEEPING IT AT FOUR STORIES IS MAKES SENSE.

AND THAT'S THE REASON WE HAVE IT IN OUR RULES.

BUT UNFORTUNATELY, AS I MENTIONED BEFORE, WE'RE IN A STATE OVERRIDE SITUATION.

THE APPLICANT IS ENTITLED TO CERTAIN DENSITY BONUSES, AND HE'S APPLIED THOSE.

WE CAN'T QUESTION THOSE.

AND THAT DENSITY BONUSES RANGES RAISES IT FROM FOUR STORIES TO FIVE STORIES.

I WISH THAT WASN'T THE CASE.

I WISH WE HAD A FOUR-STORY PROJECT.

I WISH WE HAD A RETAINED A MARKET OF THE APPROXIMATE SQUARE FOOTAGE OF THE EXISTING MARKET.

BUT THAT'S NOT A REALITY.

OKAY. AND UNFORTUNATELY, AS PLANNING COMMISSIONERS, WE CANNOT REDESIGN THE PROJECT.

WE TAKE THE PROJECT AS SUBMITTED, WE LOOK AT OUR STANDARDS, WE APPLY THE LAW, AND THAT'S WHAT WE HAVE TO DO.

SO, WE'RE NOT AT A PURVIEW TO SAY TAKE IT DOWN TO FOUR STORIES.

AS MUCH AS MANY OF US WOULD LIKE THAT, OR TO MAKE SURE YOU HAVE SUFFICIENT SQUARE FOOTAGE, MAYBE, YOU KNOW, 20,000FT² FOR ANOTHER MARKET.

WE CAN'T DO THAT.

THAT'S OPERATING OUTSIDE OF OUR LANE.

SO THOSE ARE THINGS I REGRET ABOUT THIS PROJECT.

BUT THERE ARE SOME POSITIVES THERE.

AND THE POSITIVES HAVE BEEN POINTED OUT BY A NUMBER OF OUR SPEAKERS AND ALSO SOME OF THE EMAILS WE RECEIVED.

SO, WE'RE GETTING MIXED REVIEWS HERE AND THAT'S FINE.

THAT'S COMMON WITH A CONTROVERSIAL PROJECT.

WHAT SOME OF THE REVIEWS INDICATE.

AND I AGREE WITH THEM THAT THE BUILDINGS WE HAVE NOW THEY'RE NOW HAVE SEEN BETTER DAYS.

THEY'RE OLDER BUILDINGS, THEY'RE RUNDOWN BUILDINGS WHERE THIS PROJECT, IF IT'S APPROVED AND BUILT, WILL GIVE US BRAND NEW BUILDINGS THAT WILL BE LOOK MUCH NICER THAN WE HAVE RIGHT NOW.

THAT'S A BIG PLUS.

ANOTHER BIG PLUS IS GETTING 218 RESIDENTIAL UNITS, INCLUDING 27 AFFORDABLE UNITS.

THAT'S A BIG PLUS.

WE'VE HEARD TESTIMONY ABOUT HOW DIFFICULT IT IS FOR PEOPLE TO FIND AFFORDABLE HOUSING IN THE VILLAGE AND OTHER CARLSBAD.

THIS WON'T CURE THE PROBLEM, BUT IT'LL HELP.

WE'RE ALSO UNDER SOME MANDATES BY THE CALLED BY SANDAG THROUGH THE STATE THAT WE HAVE TO PROVIDE OUR FAIR ALLOCATION OF AFFORDABLE HOUSING.

THIS WILL HELP.

SO, IN TERMS OF ENHANCING HOUSING AND GIVING US A PROJECT THAT WILL, IN APPEARANCE AND ESTHETICS, BE MUCH BETTER THAN WHAT'S THERE.

THIS IS A PLUS.

AND IT'S ALSO, I THINK, CONSISTENT WITH WHAT YOU HAVE ACROSS THE STREET.

YOU HAVE RESIDENTIAL ACROSS THE STREET, A LITTLE BIT OF COMMERCIAL.

I THINK THIS WILL BE A GOOD BLEND.

IS IT A PERFECT PROJECT? NO. WHAT I'D LIKE TO SEE CHANGES MADE.

YES, BUT WE CAN'T DO THAT.

SO AS MY COLLEAGUE, COMMISSIONER MEENES MENTIONED, WE HAVE STATE LAW THAT SET STANDARDS.

THOSE STANDARDS SAY WE CANNOT DISAPPROVE A PROJECT UNLESS WE CAN FIND SOME OBJECTIVE BASIS FOR A PUBLIC HEALTH OR SAFETY ISSUE. WE HAVE NOTHING IN THE RECORD, IN MY JUDGMENT, THAT WOULD SUPPORT THAT.

IT WOULD NOT BE SUSTAINABLE.

SO, FOR THOSE REASONS, ON BALANCE, THERE ARE PLUSES AND MINUSES OF THIS PROJECT.

BUT WHEN YOU CONSIDER WHAT THE STATE LAW REQUIRES AND IT DOES TIE OUR HANDS, IN SOME RESPECTS I THINK WE HAVE LITTLE CHOICE BUT TO APPROVE THIS PROJECT.

THANK YOU. COMMISSIONER LAFFERTY, THANK YOU.

[03:40:02]

WE REALLY APPRECIATE YOUR COMMENTS AND YOUR VERY THOUGHTFUL AND WELL VERSED UNDERSTANDING OF OUR MUNICIPAL CODE AND UNDERSTANDING WHAT WE ARE TRYING TO FACE HERE WITH CERTAIN REQUIREMENTS THAT WE HAVE TO MEET.

THAT BEING SAID THE DEVELOPER IN THIS PROJECT HAS MET BARELY THE MINIMUM REQUIREMENTS FOR ALL CRITERIA.

THIS IS NOT A MIXED USE PROJECT.

IF IT WAS, THE COMMERCIAL WOULDN'T BE SEPARATED FROM THE RESIDENTIAL.

THEY WOULDN'T HAVE TO USE THE ENTIRE 4.1 ACRES TO BE ABLE TO CREATE A HIGHER DENSITY OF 53 UNITS PER ACRE, AS OPPOSED TO OUR 35 UNITS.

AND THAT MEANS THAT THE REAL ZONING WOULD BE SOMEWHERE AROUND 2.1 ACRES, AND YOU'D HAVE 35, ABOUT 99 UNITS.

I'M SURE THAT WOULD LOWER THE VMT, AMONG OTHER THINGS.

THE BULK IS NOT COMPATIBLE.

WE ARE LOOKING AT TRYING TO APPROVE THIS SITE DEVELOPMENT PLAN WITH TWO SEPARATE LOTS THAT HAVE TWO SEPARATE USES, NOT MIXED USE.

THE BULK IS NOT COMPATIBLE, 70FT IS NOT COMPATIBLE, FIVE STORIES IS NOT COMPATIBLE, AND SETS AN UNSTOPPABLE PRECEDENT THAT EXCEEDS OUR HEIGHT LIMITS AND WILL NEVER GO BACK.

NEVER. OKAY.

THE REMOVAL OF A GROCERY STORE.

OH, THERE WAS ONE PIECE OF INFORMATION FROM THE CALIFORNIA GOVERNMENT CODE.

EVERYBODY'S WORRIED ABOUT THE STATE LAWS.

WELL, THE STATE LAW ALSO STATES THAT MIXED USE MEANS UP TO 50% OF THE SQUARE FOOTAGE OF A PROPOSED DEVELOPMENT IS TO DESIGNED TO BE DESIGNED FOR NONRESIDENTIAL USE.

SO THAT'S VERY SIGNIFICANTLY LOWER IN THIS PARTICULAR PROJECT WHEN ABOUT 20% IS BEING RESTORED.

SO THAT'S CALIFORNIA GOVERNMENT CODE.

AND EVEN OUR OWN MUNICIPAL CODE SAYS THAT MIXED USE DEVELOPMENT SHOULD BE LOCATED ABOVE THE GROUND FLOOR OF A MULTI STORIED COMMERCIAL BUILDING.

SO THOSE ARE IMPORTANT PIECES OF INFORMATION THAT SEEM TO HAVE NOT BEEN ACCOMMODATED IN THIS PROJECT.

THE REMOVAL OF A TYPICAL GROCERY STORE WITHIN CREATES A FOOD DESERT IN THE VILLAGE AND BARRIO.

AND THAT IDENTIFIES ISSUES.

THE PRESENCE OF SUPERMARKETS IS ASSOCIATED WITH LOWER OBESITY RATES.

AND THE INABILITY TO PAY FOR HEALTHY FOOD IS ASSOCIATED WITH OBESITY.

THIS COMES FROM THE REPORT OF THE CALIFORNIA LEGISLATURE ON IMPROVING FOOD ACCESS IN CALIFORNIA.

AND THEN IT ALSO IS REITERATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE THAT IDENTIFIES CONNECTIONS BETWEEN LOW ACCESS TO HEALTHY FOODS AND POOR HEALTH.

SO I'M SURE THAT THAT PROBABLY WASN'T ACCOMMODATED IN THIS EXEMPTION AS WELL.

THE NATIONAL LET'S SEE.

SO, REGARDING THE DETERMINATION OF EXEMPTION FOR CEQA WITH TEN DAYS, IT SEEMED IT DOES SEEM INADEQUATE.

OBVIOUSLY, THE PUBLIC WAS NOT MADE AWARE OF THIS.

AND YOU HAVE DILIGENTLY SHOWED US YOUR SUPPORT BY SHOWING UP FOR THREE WHOLE MEETINGS TO TELL US THAT OBVIOUSLY, YOU DIDN'T HAVE TIME TO COMMENT ON THAT.

I DO FEEL THAT THE PRECEDENT AND WE DO HAVE IN OUR CITY WITH A DENSITY BONUS PROJECT, THE PRECEDENT THAT HAS BEEN REPEALED TO BE ABLE TO REMAND THE SECRET EXEMPTION DETERMINATION AND ACTUALLY REQUEST AN ENVIRONMENTAL IMPACT REPORT.

THIS HAS HAPPENED BEFORE IN OUR CITY.

PLEASE REQUEST CITY COUNCIL FOR AN ENVIRONMENTAL IMPACT REPORT.

THIS IS IMPERATIVE.

BECAUSE THIS IS GOING TO BE THE TALLEST BUILDING IN OUR COMMUNITY RIGHT NOW AS WE SPEAK.

AND THE FINAL PIECE OF THE PUZZLE IS THE NATIONAL INSTITUTE OF HEALTH, WHICH ACTUALLY HAS DEFINED SICK BUILDINGS.

AND, YOU KNOW, OBVIOUSLY THIS BUILDING IS RIGHT NEXT TO THE FREEWAY.

THE WINDOWS WILL ALWAYS HAVE TO BE CLOSED BECAUSE YOU CAN'T MITIGATE THE SOUND OR THE AIR QUALITY WITH CLOSED WINDOWS.

SO YOU HAVE TO HAVE ARTIFICIAL, JUST LIKE THIS ROOM, ARTIFICIAL AIR CONDITIONING, WHICH ACTUALLY ADDS TO THE SOUND AND THE ENVIRONMENTAL ISSUES.

SO, ALL OF THESE FROM THE NATIONAL INSTITUTE OF HEALTH, THE SICK BUILDING SYNDROME, HAS BEEN IDENTIFIED SINCE THE 70S, AND ARCHITECTURAL DESIGN SHOULD PLACE MORE EMPHASIS ON SIGNIFICANT DAYLIGHT EXPOSURE TO PROMOTE HEALTH AND WELLNESS OF BUILDINGS.

YOU KNOW, THESE ARE ALL THINGS THAT ARE WAY BEYOND OUR SCOPE, BUT OBVIOUSLY HAVE NOT BEEN INCORPORATED INTO THIS PARTICULAR

[03:45:07]

I DON'T THINK THAT'S A REALLY I DON'T THINK THAT'S THE WAY WE WANT TO GO FOR OUR COMMUNITY.

PLEASE BE DILIGENT, PUBLIC.

WE REALLY APPRECIATE YOUR COMMENTS.

THANKS.

THANK YOU. YEAH.

FIRST OFF, I WANT TO THANK THE PUBLIC FOR COMING OUT.

AND I THINK THE CONCERN THEY SHARE ARE ABSOLUTELY REAL AND THE ISSUES OF HAVING FOOD DESERTS, AND THAT IS A VERY REAL CONCERN.

I THINK, THOUGH, THE THE REMEDY IS TO HAVE SITES ARE RESTRICTED TO CERTAIN USES AND THIS SITE IS NOT AND SO I SO EVEN EVEN IF IT WAS RESTRICTED THE CITY CAN'T DICTATE WHAT TENANTS WILL BE THERE.

THOSE ARE PRIVATE CONTRACTS BETWEEN LANDLORDS AND TENANTS.

AND SO AND I SO I'M CONCERNED WITH THE THOUGHT THAT THIS, THIS, THIS IS GOING TO BE A GROCERY STORE IN PERPETUITY.

IT MAY OR MAY NOT.

THE OTHER THING I WOULD COMMENT ON IS THAT THE ISSUE WITH THE MIXED USE AND I THINK THE APPLICANT DID MAKE A GOOD POINT WHEN WE LOOK ACROSS THE STREET, AND I'VE SEEN THIS IN MY WORK IN COMMERCIAL REAL ESTATE, IS THAT SOMETIMES, YOU KNOW, FOLKS WANT TO CENTRAL PLANNING WANTS TO PUT MIXED USE IN STACKING IT, AND IT DOESN'T ALWAYS GO OVER REAL WELL.

I APPRECIATE THE FACT THAT IT'S LOWER HEIGHT AT THE STREET LEVEL.

AND BY YES, IT PUTS A HIGHER BUILDING AT THE BACK, BUT IT MAKES IT MUCH MORE APPEALING STREET LEVEL.

I WOULD RATHER HAVE THAT THAN A LIMIT OF FOUR STORIES RIGHT AT THE STREET LEVEL.

SO, I THOUGHT, I DO APPRECIATE I WOULD, I WOULD RECOMMEND APPROVAL FOR THIS PROJECT BECAUSE I DON'T THINK WE CAN FIND A PUBLIC OR HEALTH SAFETY REASON TO, TO DENY IT.

I UNDERSTAND AGAIN THE PUBLIC'S CONCERNS AND I FEEL FOR THE PUBLIC'S CONCERNS ON THAT.

BUT BASED ON WHAT WE ARE TASKED TO DO, I DON'T SEE A HEALTH AND PUBLIC SAFETY REASON FOR IT.

AND I THINK THEY'RE ALSO I THINK COMMISSIONER STINE ALSO VERY WELL STATED SOME OF THE BENEFITS, THERE ARE BENEFITS TO THE PROJECT TOO.

SO I WOULD RECOMMEND I WOULD I'M GOING TO VOTE TO RECOMMEND TO APPROVE THE PROJECT.

THANK YOU. YES.

THANK YOU. TO START WITH THE RETAIL COMPONENT OF THE PROJECT.

I BELIEVE IT IS COMPATIBLE WITH THE NEIGHBORHOOD.

I BELIEVE IT IS ARCHITECTURALLY TASTEFUL.

I DO WISH THAT THE APPLICANT WOULD HAVE PROPOSED A BIGGER RETAIL SPACE TO ACCOMMODATE A LARGER RETAIL OPERATOR.

HOWEVER, WE DON'T HAVE THAT ABILITY TO IMPLEMENT THAT DUE TO STATE LAW.

I ALSO BELIEVE THAT THE RIGHT OF WAY IMPROVEMENTS ALONG CARLSBAD VILLAGE DRIVE WILL BE A VERY WELCOME ADDITION, AND IT WILL CREATE A MORE SENSE OF AIRINESS AND SPACE.

AS FAR AS THE RESIDENTIAL COMPONENT.

I WELCOME THE INCREASE IN HOUSING UNITS, I BELIEVE EVEN GETTING ONE AFFORDABLE HOUSING UNIT ADDED TO THE STOCK IS VERY IMPORTANT, BUT WE ARE GETTING 27 UNITS, SO I THINK THAT'S A VERY POSITIVE ASPECT.

I ALSO THINK THE RESIDENTIAL COMPONENT HAS THE ARCHITECT, THE ARCHITECTURE AND THE RESIDENTIAL COMPONENT WAS DESIGNED TO COMPLY WITH THE OBJECTIVE DESIGN STANDARDS, AND IT PROVIDES ADEQUATE ARTICULATION IN THE ARCHITECTURE.

IT'S NOT A BOX, SO I APPRECIATE THAT AS WELL.

AND THE RIGHT OF WAY IMPROVEMENTS ALONG ALONG OAK AVENUE, WHICH WILL INCLUDE A CUL DE SAC AND UNDERGROUNDING.

I BELIEVE IS A VERY POSITIVE RIGHT NOW THAT THAT PORTION OF THE STREET IS NOT VERY ATTRACTIVE.

SO I BELIEVE THAT'S A VERY POSITIVE ASPECT.

I DO WISH THE APPLICANT WOULD HAVE PROPOSED A FOUR-STORY BUILDING.

AND BECAUSE I BELIEVE THAT THAT'S THAT SITE DOES NOT HAVE CONSTRAINTS LIKE STEEP SLOPES OR ENVIRONMENTALLY SENSITIVE AREAS THAT WOULD PREVENT THE ACHIEVEMENT OF THE NUMBER OF UNITS THAT ARE PERMITTED.

SO I DO WISH THAT WAS DIFFERENT, HOWEVER, AGAIN, DUE TO STATE LAW, WE DO NOT HAVE THAT ABILITY TO MAKE THAT CHANGE.

[03:50:01]

THANK YOU FOR THAT.

WE DO LISTEN I FOR WITH MANY COMMENTS, I DO AGREE.

HOWEVER AGAIN WE ARE LIMITED TO CERTAIN WE'RE GIVEN CERTAIN AUTHORITY.

WE DON'T HAVE ANY MORE THAN THAT.

AS FAR AS THE CEQA EXEMPTION, I BELIEVE IN MY EXPERIENCE, THIS IS THE TYPE OF PROJECT THAT THIS CEQA EXEMPTION IS FOR. I DON'T SEE ANY ANYTHING THAT WOULD TELL ME OTHERWISE FOR THIS PROJECT.

STATE LAW REQUIRES US TO APPROVE HOUSING DEVELOPMENTS EVEN THOUGH THERE ARE THERE IS A RETAIL COMPONENT, IT IS STILL A HOUSING DEVELOPMENT PROJECT.

AND SO WE ARE BOUND BY THOSE LAWS.

AND THE ONLY WAY TO NOT APPROVE THIS PROJECT WOULD BE TO FIND THAT THERE IS A THAT THE PROJECT IS DETRIMENTAL TO HEALTH AND SAFETY. I HAVE NOT SEEN ANY EVIDENCE OF A DETRIMENT TO HEALTH AND SAFETY.

SO I TOO WILL VOTE YES BASED ON THE FACT THAT THERE IS NO EVIDENCE TO SUGGEST THAT THERE IS A DETRIMENT TO HEALTH AND SAFETY.

THANK YOU. COMMISSIONER HUBINGER, YOU WANT TO COMMENT? I GUESS I'M LAST HERE, SO I'LL KEEP IT QUICK.

I REALLY APPRECIATE ALL THE COMMENTS FROM THE PUBLIC AND FROM OUR FELLOW COMMISSIONERS.

I THINK SOME GREAT POINTS WERE MADE.

IT'S REALLY A CLASH OF LEGAL VERSUS LEGAL AND SACRAMENTO VERSUS THE CITY, AND IT'S DISHEARTENING TO HEAR ALL THE PRACTICAL IMPACTS THAT EVERYONE IN THE COMMUNITY HAS, THE DISLOCATION, THE YOU KNOW, IT'S DISHEARTENING TO HEAR ALL THE ISSUES, BUT LEGALLY WE HAVE TO SUPPORT THE PROJECT, IN MY OPINION.

I DO GIVE THE APPLICANT CREDIT FOR TRYING TO WORK THROUGH SOME OF THE ISSUES THAT MAKE IT A BETTER PROJECT.

ADDING PARKING, TRYING TO MOVE BACK THE THE BUILDINGS ON CARLSBAD VILLAGE, WIDER SIDEWALKS.

AND I ALWAYS WANT TO REPRESENT THE PEOPLE WHO ARE LOOKING FOR HOUSING.

THERE ARE THOUSANDS OF PEOPLE THAT ARE LOOKING FOR HOUSING.

AND WE WE HAVE TO RECOGNIZE THEY'RE NOT HERE TO SPEAK TONIGHT, BUT THEY'RE LOOKING.

RIGHT. SO I APPRECIATE DEEPLY APPRECIATE EVERYBODY'S COMMENTS TONIGHT AND THE LAST COUPLE NIGHTS COMING OUT.

BUT I WILL VOTE FOR THE PROJECT.

LET ME MAKE SOME COMMENTS.

TWO GUIDELINES.

ONE LOCAL RULE.

TWO REASONABLE DOUBT.

I FIND ABHORRENT WHAT SACRAMENTO IS TRYING TO DO TO US AND OTHER COMMUNITIES.

I MEAN, MOST OF YOU CAME HERE BECAUSE YOU WANTED THIS WAY OF LIFE, AND NOW WE'RE SUPPOSED TO FEEL THAT WE'RE HANDCUFFED BY PEOPLE IN SACRAMENTO WHO PROBABLY NEVER EVEN BEEN HERE.

NOW, I UNDERSTAND WE HAVE PROBLEMS WITH THIS, BUT THE OTHER THING I WANT TO TALK ABOUT VERY BRIEFLY IS REASONABLE DOUBT.

AND I WANT TO THANK THE APPLICANT.

YOU DID A VERY GOOD JOB.

I WANTED TO THANK ALL OF YOU WHO CAME HERE ONE, TWO AND THREE TIMES.

I HAVE READ YOUR LETTERS.

I'VE READ YOUR EMAILS, I'VE SPOKEN TO YOU.

I'VE GOTTEN PHONE CALLS, UNSOLICITED PHONE CALLS.

I UNDERSTAND WHAT YOUR CONCERNS ARE.

I FIND THERE ARE HEALTH AND SAFETY CONCERNS ABOUT THIS PROJECT.

TRAFFIC, AT THE VERY LEAST.

MR. WICKHAM TALKED ABOUT THREE TIMES THE DANGERS OF PALOMAR AIRPORT AND EL CAMINO REAL, WHICH TO ME ARE LIKE THUNDER ROADS.

AND I'VE SEEN ACCIDENTS ON THIS, ON THIS STRIP.

IN FACT, I DON'T EVEN TAKE IT.

I'LL AVOID IT AS MUCH AS POSSIBLE BECAUSE I KNOW IT'S DANGEROUS.

I BELIEVE ONE OF THE APPLICANTS TALKED ABOUT THE ANEMIC OUTREACH.

I AGREE WITH THAT.

MISS WRIGHT TALKED ABOUT SHE DIDN'T GET NOTICE.

AND BASED ON HER DETERMINATION HERE, I HAVE TO BELIEVE HER.

NOW, I DON'T DOUBT THAT THE CITY SENT IT, BUT I DON'T KNOW WHAT HAPPENED.

I MEAN, TO ME, TEN DAYS WAS NOT ADEQUATE AT ALL.

[03:55:01]

IT'S A GOOD-LOOKING PROJECT.

WHEN I USED TO LIVE IN WEST LA, I MIGHT HAVE LIKED IT, BUT NOT HERE.

NOT IN MY TOWN, YOU KNOW? AND I KNOW YOU TRIED TO ACCOMMODATE CONCERNS YOU MADE.

MAYBE SOME REITERATIONS.

I FIND IT INCOMPATIBLE WITH THE GENERAL PLAN SURROUNDING LAND USE.

COMMUNITY CHARACTER.

I'M GOING TO VOTE AGAINST IT.

AND I REALLY WISH MY FELLOW COMMISSIONERS JUST TAKE A MOMENT TO THINK ABOUT WHAT WE'RE DOING HERE.

I MEAN, THINK ABOUT THE FUTURE.

A 70-STORY PARKING LOT, FOR CHRIST'S SAKE.

THERE ARE SOME GOOD FEATURES.

AND, COMMISSIONER STINE, YOU'RE RIGHT.

THERE'S SOME GOOD FEATURES ABOUT THIS.

BUT ON THE WHOLE, THERE'S TOO MUCH REASONABLE DOUBT.

I CANNOT SUPPORT THIS, AND I WILL NOT.

ANY OTHER DISCUSSION? LET'S TAKE A VOTE.

NOW. IF YOU VOTE YES, YES IS TO FAVOR THE PROJECT.

NO IS TO SAY YOU REJECT THE PROJECT.

EXCUSE ME. CHAIR, WE WOULD NEED A MOTION AND A SECOND.

I'M SORRY. WE HAVE.

I ASSUME WE HAVE A MOTION TO APPROVE.

I WILL MOVE TO APPROVE STAFF RECOMMENDATION TO APPROVE THE PROJECT.

OKAY. AND DO WE HAVE A SECOND? ALL RIGHT. MOTION HAS BEEN MADE TO APPROVE THE PROJECT BY COMMISSIONER STINE.

AND THAT HAS BEEN SECONDED BY COMMISSIONER MEENES.

PLEASE VOTE.

THE MOTION TO APPROVE THE PROJECT PASSES 5 TO 2.

COMMISSIONER STINE, MEENES, MERZ, DANNA AND HUBINGER VOTE YES.

COMMISSIONER KAMENJARIN AND COMMISSIONER LAFFERTY VOTE NO.

MIC] COMMISSIONERS,

[PLANNING COMMISSIONER REPORT]

I WANT TO CONGRATULATE AND WELCOME COMMISSIONER DANNA TO HIS TRIAL BY FIRE.

THANK YOU. YOU DID AN EXCELLENT JOB.

I'M SURE THIS TOOK YOU MANY MAN HOURS TO GET READY FOR THIS.

THANK YOU. I HAVE A REAL BRIEF.

[CITY PLANNER REPORT]

THE FIRST IS THE 2022 ZONING CODE CLEANUP.

AND SO THAT WILL BE IN FRONT OF THEM.

YOU APPROVE THAT IN MAY? THEY WILL ALSO BE CONSIDERING THE SMOKE FREE ORDINANCE WHICH WAS PART OF THE HOUSING ELEMENT.

ORIGINAL APPROVAL AND PROGRAMS. WE ARE LOOKING LIKE WE WILL BE CANCELING THE MEETING ON AUGUST 7TH, AND THEN WE DO HAVE A PROJECT ON THE 21ST.

THE THREE ON GARFIELD ENVIRONMENTAL IMPACT REPORT PROJECT.

NOTHING ON THE SEVENTH, BUT WE WILL HAVE ONE PROJECT ON THE 21ST.

THE NEXT MEETING WOULD BE AUGUST 21ST.

WE WOULD BE CANCELING THE MEETING ON AUGUST 7TH.

THE 21ST OF AUGUST WOULD BE NEXT.

SO, THE NEXT MEETING, 21ST OF AUGUST? SUMMER'S HERE.

ATTORNEY FROST, DO YOU HAVE ANY COMMENTS? NOTHING FOR ME. THANK YOU.

OKAY, WELL, WE STAND ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.