[CALL TO ORDER]
[00:00:02]
MEETING TO ORDER. PLEASE TAKE ROLL.
ANNOUNCEMENT FOR CONCURRENT MEETINGS.
[ANNOUNCEMENT OF CONCURRENT MEETINGS]
THE CITY COUNCIL IS SERVING AS THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS ON CONSENT CALENDAR ITEM NUMBER SIX.MISS BURKHOLDER, WILL YOU PLEASE LEAD US IN THE PLEDGE? NEXT IS APPROVAL OF THE MINUTES, THE MINUTES OF THE REGULAR MEETING HELD JULY 30TH OF 24.
[APPROVAL OF MINUTES]
REGULAR MEETING HELD AUGUST 20TH OF 24.SPECIAL MEETING HELD AUGUST 27TH OF 24.
REGULAR MEETING HELD AUGUST 27TH OF 24.
SPECIAL MEETING HELD SEPTEMBER 10TH OF 24.
SPECIAL MEETING HELD SEPTEMBER 12TH OF 24.
MOTION PLEASE. MOVE APPROVAL OF THE MINUTES AS RECITED BY THE MAYOR.
NEXT IS REPORT OF ANY ACTION TAKEN IN CLOSED SESSION.
CITY ATTORNEY. THANK YOU, MAYOR, THERE WAS NO REPORTABLE ACTION.
THE BROWN ACT AND THE CITY'S MEETING RULES ALLOW MEMBERS OF THE PUBLIC TO COMMENT ON ITEMS, NOT ON THE AGENDA, AS LONG AS THE COMMENTS ARE REGARDING MATTERS WITHIN THE CITY COUNCIL'S SUBJECT MATTER JURISDICTION.
MEMBERS OF THE PUBLIC MAY ALSO COMMENT ON AGENDA ITEMS AS.
OKAY. I'M SORRY I SKIPPED OVER PRESENTATION, SO THANK YOU FOR BRINGING THAT TO MY ATTENTION.
[PRESENTATIONS]
I'M GOING TO INVITE MISS LUNA TO DO THE PUBLIC SAFETY AWARENESS MONTH PRESENTATION.THANK YOU. AND IF WE COULD INVITE DARCY DAVIDSON, OUR ASSISTANT FIRE MARSHAL, UP TO THE PODIUM, AS WELL AS MIKE ERNST, OUR POLICE SERGEANT, AND AS WELL AS MICHAEL O'BRIEN, OUR PUBLIC WORKS SUPERINTENDENT.
AND I'LL GO AHEAD AND READ THE PROCLAMATION.
AND THEN, DARCY, I GUESS YOU'LL BE SPEAKING FOR EVERYONE.
OKAY. SMART CHOICE, GENTLEMEN.
AND I'D LIKE TO THANK THE MAYOR.
HE'S PROBABLY MORE APPROPRIATE TO DO THE PUBLIC SAFETY AWARENESS MONTH.
BUT THANK YOU FOR YIELDING TO ME THIS YEAR.
AND I COME FROM A FAMILY OF POLICEMEN AND FIREMEN AND OUR FIREFIGHTERS AND POLICE OFFICERS.
I'M SORRY. SEE HOW STALE I AM? AND SO THANK YOU FOR ALLOWING ME TO DO THIS.
WHEREAS FIRE IS A SERIOUS PUBLIC SAFETY CONCERN LOCALLY AND NATIONALLY.
PEOPLE ARE AT THE GREATEST RISK FROM FIRE IN THE HOME AND WITH A LITTLE EXTRA CAUTION, PREVENTING THE LEADING CAUSES OF HOME FIRES IS WITHIN THEIR POWER AND ESSENTIAL FOR PERSONAL AND FAMILY SAFETY.
AND WHEREAS THE 2024 FIRE PREVENTION WEEK THEME SMOKE ALARMS MAKE THEM WORK FOR YOU EFFECTIVELY SERVES TO EDUCATE AND REMIND US OF THE SIMPLE ACTIONS WE CAN TAKE TO STAY SAFE YEAR ROUND.
AND WHEREAS CRIME PREVENTION MONTH RECOGNIZES THAT CRIME AND FEAR OF CRIME DESTROY OUR TRUST IN OTHERS AND THREATENS THE COMMUNITY'S HEALTH, PROSPERITY AND QUALITY OF LIFE, AND CRIME PREVENTION PROGRAMS TEACH AND ENCOURAGE PEOPLE TO BE AWARE OF THE DANGERS OF CRIME AND HOW THEY CAN PROTECT THEMSELVES FROM BEING VICTIMS. AND WHEREAS THE SERVICES AND PARTNERSHIP PROVIDED BY PUBLIC WORKS IN OUR COMMUNITY ARE INTEGRAL PARTS OF OUR RESIDENTS EVERYDAY LIVES, HEALTH, SAFETY AND COMFORT.
PUBLIC SAFETY AWARENESS MONTH IN THE CITY OF CARLSBAD.
GOOD EVENING AND THANK YOU FOR THAT.
I CAN'T BELIEVE IT'S ALREADY BEEN A YEAR SINCE WE WERE LAST HERE FOR THIS PROCLAMATION.
WE ARE SPEAKING ON BEHALF OF THE FIRE DEPARTMENT, THE POLICE DEPARTMENT, PUBLIC WORKS, AND REALLY ALL OF THE CITY'S PUBLIC SAFETY ADVOCATES WHO ARE DEDICATED EVERY DAY TO KEEPING OUR COMMUNITY SAFE.
[00:05:02]
MR. MAYOR AND MEMBERS OF CITY COUNCIL, THANK YOU FOR THIS PROCLAMATION AND FOR YOUR CONTINUED SUPPORT OF OUR DEPARTMENTS AND OUR ONGOING RISK REDUCTION PROGRAMS. WE ARE CELEBRATING PUBLIC SAFETY AWARENESS MONTH WITH OUR FAVORITE EVENT OF THE YEAR, AND THAT'S THE PUBLIC SAFETY OPEN HOUSE ON SATURDAY, OCTOBER 5TH AT THE SAFETY TRAINING CENTER.OPEN HOUSE IS AN INCREDIBLY FUN AND INFORMATIVE EVENT GEARED TOWARDS FAMILIES, WILL BE SHOWCASING THE MANY WAYS THAT WE KEEP OUR COMMUNITY SAFE EVERY DAY THROUGH BOTH PREVENTION EFFORTS AND EMERGENCY RESPONSE.
THIS EVENT IS SET TO BE OUR LARGEST YET AND WE'RE INCREDIBLY EXCITED ABOUT IT.
BUT MY FAVORITE PART ABOUT OPEN HOUSE IS SEEING THE COLLABORATION ACROSS ALL CITY DEPARTMENTS, AND WITNESSING THE PASSION THAT CITY EMPLOYEES HAVE FOR ENGAGING WITH THE COMMUNITY AND KEEPING IT SAFE.
IT'S REALLY AMAZING AND MR. CHADWICK I THINK THAT'S AN EXAMPLE OF BEING BRILLIANT AT THE BASICS.
THE FIRE DEPARTMENT WILL ALSO BE PROMOTING FIRE PREVENTION WEEK, THE WEEK AFTER, WHICH IS OCTOBER 6TH THROUGH 12TH, AND THE IMPORTANT THEME OF SMOKE ALARMS MAKING THEM WORK FOR YOU. WE KNOW THROUGH A LOT OF DATA THAT SMOKE ALARMS SAVE LIVES, BUT NOT EVERY HOME IS EQUIPPED WITH A FUNCTIONING SMOKE ALARM.
AND WITH THAT, I'D LIKE TO PASS IT TO SERGEANT MIKE ERNST.
THANK YOU, D'ARCY. AND THANK YOU, MAYOR BLACKBURN, ALONG WITH OUR MEMBERS OF CITY COUNCIL.
MY NAME IS MIKE ERNST. I'M A PATROL SERGEANT HERE WITH OUR CITY POLICE DEPARTMENT, AND I WANT TO THANK EACH OF YOU FOR YOUR CONTINUED SUPPORT IN OUR EFFORTS TO KEEP THIS COMMUNITY SAFE. IN MY 23 YEARS HERE AT THE CITY OF CARLSBAD, I'VE BEEN FORTUNATE TO SEE THE FRUITS OF THOSE EFFORTS FIRSTHAND.
WHETHER IT BE A FIRE THREATENING OUR HOMES, A SIGNIFICANT COMPROMISE TO OUR CITY'S UTILITIES, OR THE ATTEMPTED MURDER OF ONE OF OUR POLICE OFFICERS, EACH ONE OF THESE DEPARTMENTS HAVE STEPPED UP AND PITCHED IN TO BRING OUR COMMUNITY BACK TO A LEVEL OF SAFETY AND COMFORT IT DESERVES.
IT GOES WITHOUT SAYING THAT THIS PROCLAMATION IS PURELY ANECDOTAL.
WITHOUT THE STEADFAST SUPPORT OF THIS COUNCIL AND THE CONTINUED COMMITMENT TO SERVICE BY OUR MEN AND WOMEN HERE AT THE CITY OF CARLSBAD, A COMMITMENT THAT I'M PROUD TO SAY IS EXEMPLIFIED BY THOSE MEN AND WOMEN WHO HAVE BEEN ENTRUSTED WITH THE GUARDIANSHIP OF PUBLIC SAFETY.
SERGEANT ERNST AND GOOD EVENING, HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL.
AND IT'S AN HONOR TO BE SPEAKING HERE BEFORE YOU.
PUBLIC WORKS IS PROUD TO BE PART OF THE CITY'S EFFORT TO MAINTAIN PUBLIC SAFETY.
AND ON BEHALF OF OUR PUBLIC WORKS STAFF, IT IS TRULY AN HONOR TO MAINTAIN OUR CITY ASSETS, TO UPHOLD OUR CITY STANDARDS, AND TO SUPPORT OUR FIRST RESPONDERS IN EVENTS, SPECIAL EVENTS AND EMERGENCIES.
AND ON THAT NOTE, I WANTED TO MENTION OUR PUBLIC WORKS MAINTENANCE AND OPERATIONS STAFF WHO FULFILL THE ON CALL AND AFTER HOURS SERVICES IN THE LATE EVENINGS, EARLY MORNINGS, OFTENTIMES AFTER A FULL HOUR FULL SHIFT.
OUR DEDICATED PUBLIC WORKS, MAINTENANCE AND OPERATIONS STAFF WORK CLOSELY WITH FIRST RESPONDERS, AND IN THESE MOMENTS, I CAN STAND CONFIDENTLY HERE BEFORE YOU AND SAY THAT OUR MAINTENANCE AND OPERATIONS STAFF CONTINUALLY UPHOLD AND PROVE THEIR COMMITMENT TO PUBLIC SAFETY.
THANK YOU. D'ARCY MIKE AND MICHAEL, WILL YOU PLEASE JOIN US AT THE FRONT FOR A QUICK PHOTO?
[00:10:41]
OKAY, NOW WE'RE ON TO PUBLIC COMMENT.[PUBLIC COMMENT]
I HAVE TO READ THE FOLLOWING.BROWN ACT AND THE CITY'S MEETING RULES ALLOW MEMBERS OF THE PUBLIC TO COMMENT ON ITEMS NOT ON THE AGENDA, AS LONG AS THE COMMENTS ARE REGARDING MATTERS WITHIN THE CITY'S CITY COUNCIL SUBJECT MATTER JURISDICTION.
INFORMATION ON HOW TO PARTICIPATE IN THE MEETING IS ON THE FRONT PAGE OF THIS AGENDA.
THE CITY COUNCIL RECEIVED NON-AGENDA PUBLIC COMMENTS FOR A TOTAL OF 15 MINUTES.
AT THE BEGINNING OF THE MEETING.
NO ACTION MAY OCCUR ON NON-AGENDA ITEMS. WHEN MAKING YOUR COMMENTS, PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT.
THE CLERK WILL CALL YOUR NAME.
YOU HAVE THREE MINUTES AT THE 2.5 MINUTE MARK.
THE PODIUM WILL TURN YELLOW, GIVING YOU NOTICE THAT YOU ONLY HAVE 30S LEFT.
I'VE ASKED THE CLERK TO TURN OFF THE MICROPHONE AT THE CONCLUSION OF THE THREE MINUTES.
THAT WAY EVERYBODY GETS EXACTLY THE SAME AMOUNT OF TIME TO SPEAK.
PLEASE CALL THE FIRST SPEAKER, MARY LUCID, FOLLOWED BY LORI ROBBINS.
MY NAME IS MARY LUCID, AND I AM JUST MYSTIFIED BY THE FACT THAT THE CITY COUNCIL AND CITY EMPLOYEES ARE NOT HELD TO THE SAME STANDARD AS CITIZENS.
I THINK IT'S WONDERFUL THAT YOU TRUST YOUR FELLOW EMPLOYEES.
BUT WHAT ABOUT TRUST AND VERIFY? WHAT ARE YOU GOING TO DO ABOUT THAT? CITIZENS LIKE MYSELF ARE BANNED FROM THE SENIOR CENTER FOR NINE MONTHS ON THE WORD OF ONE PERSON AND SOME MYSTICAL LAW, BUT I HAVE NO RECOURSE AS TO ASKING FOR A LIE DETECTOR TEST THAT I BE WILLING TO PAY FOR UNLESS THEY FAILED? HOW CAN YOU SERVE THE COMMUNITY AND BE SO NAIVE AS TO THINK THAT PARK AND REC EMPLOYEES ARE OBEYING A HIGHER STANDARD BECAUSE THEY'RE NOT.
AND YOU'RE NOT DOING ANYTHING ABOUT IT.
AND YOU HAVE THE OPPORTUNITY TO DO SOMETHING AND YOU'RE NOT TAKING IT.
BUT I'M ASKING YOU TO HOLD STAFF TO THE SAME ACCOUNTABILITY AS YOU HOLD THE GENERAL PUBLIC.
I DON'T THINK THAT'S TOO MUCH TO ASK.
AND I THINK THAT YOU COULD APPOINT OR TELL THE CITY MANAGER TO CHECK INTO THAT AND UPGRADE.
WHAT IS THE CODE OF ETHICS? DO YOU EVEN HAVE A CODE OF ETHICS FOR CITY EMPLOYEES, OR DO YOU THINK THEY'RE JUST ALL MARVELOUS? ARE YOU TRYING TO BUILD COMMUNITY, OR ARE YOU TRYING TO JUST MAKE LIFE EASY FOR YOURSELF? I DON'T WANT TO DEAL WITH THIS PERSON, SO WE'LL JUST TELL THEM THEY CAN'T BE HERE.
WHAT KIND OF COMMUNITY IS THAT? YOU KNOW, YOU WON'T EVEN COMMISSION OR TELL THE CITY MANAGER TO CHECK INTO THESE THINGS AT
[00:15:09]
THE SENIOR CENTER, AND THEY'RE BAD.NOTHING. WHAT IS THAT? WHAT IS THAT? IT'S CERTAINLY NOT SERVING THE SENIORS.
PROPOSITION H ON THE NOVEMBER BALLOT.
OUR PROPOSED MODIFICATION TO CARLSBAD VILLAGE, PROP H.
PROP H REQUIRES VOTER APPROVAL FOR THE CITY PROJECTS OVER $1 MILLION.
THE BALLOT MEASURE WILL INCREASE THAT TO 3 MILLION.
BUT THE PROPOSAL REMOVES THE REQUIREMENT FOR A GENERAL VOTE TO APPROVE PUBLIC SAFETY PROJECTS.
THIS CLAUSE ELIMINATES CITIZEN INPUT AND ANY NEGOTIATION.
ONE ARGUMENT HAS BEEN THAT PROP H HAS BEEN SLOWING DOWN THE COMPLETION OF PROJECTS.
HOWEVER, SINCE 1982, WHEN PROP H WAS PASSED, ONLY TWO PUBLIC SAFETY PROJECTS HAVE REQUIRED A VOTE IN 42 YEARS.
TWO VOTES IS NOT A LOT, AND EACH OF THOSE PROJECTS COST OVER 10 MILLION.
SO HAVING THE PUBLIC VOTE ON IT SEEMS REASONABLE.
AS A CITIZEN, A CARLSBAD CITIZEN CONCERNED WITH PUBLIC SAFETY, I VALUE I HIGHLY VALUE OUR POLICE, FIRE AND PUBLIC WORKS.
HOWEVER, WE SHOULD NOT BYPASS THE REVIEW OF THESE LARGE CAPITAL SPENDING PROJECTS DESERVE.
DON'T LET THE PROPOSED CHANGES TO PROP H TAKE AWAY YOUR VOICE.
THANK YOU. DENNIS JENSEN, FOLLOWED BY ANDRE GRAY.
HI. I'M. I'M HERE TO READ A LETTER I HAD TO WRITE ABOUT WINDSOR POINT.
WE SEE THAT A LETTER OF NONCOMPLIANCE HAS BEEN SENT REGARDING THE WINDSOR POINT HOMELESS FACILITY AND FOR THOSE IN THE AUDIENCE THAT AREN'T AWARE, THE CITY IMPORTS MENTALLY ILL, HOMELESS FROM OTHER PARTS OF THE COUNTY AND PUTS THEM IN APARTMENTS NEAR JEFFERSON ELEMENTARY SCHOOL.
HOWEVER, THIS NONCOMPLIANCE NOTICE IS FAR FROM SUFFICIENT.
TO BE CLEAR, YOUR CONSTITUENTS ARE NOT REQUESTING MILD IMPROVEMENTS.
WE INSIST THAT YOU STOP IMPORTING DRUG DEALERS AND MURDERERS FROM DOWNTOWN SAN DIEGO.
WE ARE NOT SATISFIED WITH YOUR ASSESSMENT THAT SERIOUS CRIMINAL CONVICTIONS OLDER THAN JUST FIVE YEARS, MAKES THESE PEOPLE SUITABLE TO BE PUT ON A BLOCK WITH OVER 20 KIDS UNDER TEN YEARS OLD.
THIS FACILITY NEEDS TO BE CLOSED OR MOVED AWAY FROM OUR FAMILIES.
JUST ONE MONTH AFTER POLICE CHIEF CALDERWOOD EXPOSED TERRIBLE SECURITY FAILURES AND ABSENT ON SITE MANAGERS, THE FRONT GATE OF THE HARDING STREET BUILDING WAS UNSECURE AND LEFT COMPLETELY OPEN ALL WEEKEND.
AND THIS COMES AT A TIME WHEN THE DEVELOPER IS UNDER INTENSE SCRUTINY.
WHAT HAPPENS A MONTH FROM NOW? TWO MONTHS FROM NOW, WHEN NOBODY'S NOBODY'S LOOKING? AS A REMINDER, NEIGHBORS FOUND A REGISTERED SEX OFFENDER WITHIN JUST TWO WEEKS OF OPENING AND TENANTS HAVE YELLED, I'M GOING TO KILL YOU! AT NEIGHBOR KIDS.
ONE WINDSOR POINT TENANT THREATENED TO LIGHT A PREGNANT WOMAN AND HER BABY ON FIRE WITH GASOLINE.
NOT ONLY CAN OUR COMMUNITY'S KIDS NOT SAFELY WALK TO SCHOOL OR PLAY OUTSIDE ALONE, BUT FACILITY TENANTS STRUGGLING WITH ADDICTION CAN'T ESCAPE ITS INFESTATION OF DRUG DEALERS.
THE SON OF A WINDSOR POINT TENANT THAT DIED OF AN OVERDOSE SAID, AND I QUOTE.
MY DAD OVERDOSED AND DIED HERE LAST MONTH.
WINDSOR POINT HAS DRUG DEALERS LIVING HERE THAT SUPPLY DRUG DRUGS TO THE VULNERABLE RESIDENTS.
GOD ONLY KNOWS WHO IS REALLY LIVING HERE.
[00:20:03]
END QUOTE.THAT DEATH CAME ALMOST A YEAR, AN ENTIRE YEAR AFTER THE CHIEF OF POLICE NOTIFIED YOU THAT 24 HOUR, SEVEN DAYS A WEEK SECURITY AND VISITOR SAFEGUARDS ARE NEEDED AT WINDSOR POINT.
THAT DEATH COULD HAVE BEEN PREVENTED.
IT'S BEEN SHOWN THAT THE CITY'S BUREAUCRACY CANNOT PROPERLY MANAGE THE MANAGEMENT OF WINDSOR POINT, IT MUST BE CLOSED OR MOVED FOR THE SAFETY OF BOTH NEIGHBORS AND TENANTS.
YOU'RE FAILING YOUR CONSTITUENTS AND PEOPLE ARE LITERALLY DYING BECAUSE OF IT.
I'M THE SUPERINTENDENT OF ENCINITAS UNION SCHOOL DISTRICT.
THANK YOU FOR HAVING ME TONIGHT.
IT'S REALLY REMARKABLE HOW THE CITY AND OUR SCHOOL DISTRICT HAVE BEEN ABLE TO WORK TOGETHER.
TONIGHT, I'M JUST A LITTLE INFORMATIONAL FOR YOU REGARDING OUR SCHOOL FACILITIES.
LIKE ALL OF OUR SCHOOLS FOR OUR COMMUNITY.
WE'VE SPENT THE LAST YEAR REVISING OUR FACILITIES PLAN AND WORKING WITH OUR FAMILIES AND OUR STUDENTS AND OUR COMMUNITY TO DETERMINE SOME OF THOSE NEEDS, AND WE HAVE SOME MAJOR INFRASTRUCTURE PROJECTS THAT ARE CONCERNING TO US THAT INVOLVE SAFETY, SECURITY AND COMFORTABLE FACILITIES FOR ALL OF OUR STUDENTS.
SOME OF OUR SCHOOLS ARE 65 TO 100 YEARS OLD, AND WE HAVE PORTABLE CLASSROOMS IN MOST OF OUR SCHOOLS.
AND WE HAVE SOME OF OUR SCHOOLS NEED UPDATED RESTROOMS. IT'S ONE OF THE NUMBER ONE THINGS OUR STUDENTS SAY THAT THEY WANT TO CHANGE ABOUT THEIR SCHOOL IS TO HAVE UP TO DATE RESTROOMS. WE HAVE A NEED TO IMPROVE OUR OUTDOOR LEARNING SPACES AND HAVE SHADE, AS WELL AS COMPLETING OUR SITE KITCHENS.
WE HAVE A HIGHER POPULATION OF STUDENTS COMING IN WITH NEEDS EARLY ON WITH EARLY INTERVENTION.
WHEN WE PRE COVID, WE WERE SERVING ABOUT 300,000 MEALS PER YEAR.
WE'RE NOW SERVING 600,000 MEALS OUT OF THE SAME KITCHEN.
THIS BALLOT WOULD ACTUALLY PROVIDE $158 MILLION IN CRUCIAL FACILITY PROJECTS.
AND WE WANT TO ENSURE THE BEST SCHOOLS FOR OUR COMMUNITY.
THANK YOU AGAIN FOR YOUR. TERESA BURNS.
AND I PERSONALLY THINK THAT THE CARLSBAD CITY IS DOING A GREAT JOB.
I CAME BACK ON SATURDAY EVENING FROM SUNSET CLIFFS TO CARLSBAD, YOU KNOW, BECAUSE I'M A RESIDENT HERE AND I CAME UP ON CANON ROAD AND I TOOK A LEFT ONTO EL CAMINO REAL, WHICH, YOU KNOW, THAT HIGH SCHOOL IS FURTHER DOWN.
I DON'T KNOW WHAT THE NAME OF IT IS, BUT IT'S RIGHT NEAR CANON AND WHAT I HAD WAS, IS I HAD A MAN WHO I WAS IN THE FAR LEFT LANE OF THE TWO LANES THAT WERE GOING TO TAKE A LEFT ONTO EL CAMINO, AND I HAD A MAN THAT CAME ALL THE WAY IN MY LANE AND LUCKILY, YOU KNOW, I DIDN'T HAVE ANYTHING TO DRINK SO I COULD JUST, YOU KNOW, SAW HIM AND AVOIDED HIM.
[00:25:01]
PEOPLE ON AN E-BIKE THAT HAD ON HOODIES, AND THEY WERE IN THE FAST LANE AND WE GO 55 MILES AN HOUR DOWN THAT ROAD AND I AM VERY CONCERNED THAT SOMEONE IS GOING TO GET KILLED ON THAT ROAD, AND SO I DECIDED THAT I WOULD COME IN FOR I DIDN'T KNOW TONIGHT WAS SAFETY NIGHT, BUT THAT'S A SAFETY ISSUE AND SO IT JUST REALLY SHOCKING.MY NUMBER TWO ITEM IS YOU SAW I HAVE A CANE NOW.
AND I'VE HAD A WALKER AND I'VE HAD A WHEELCHAIR BECAUSE I GOT KNOCKED OVER AT POINSETTIA PARK AND A MAN NAMED MIKE LEE, WHO YOU MAY KNOW, MAYOR, BECAUSE HE BOUGHT YOUR HOUSE IN TINKER POINT, YOU KNOW HE ALSO HE TOLD ME THE OTHER DAY THAT HE CRASHED DOWN AND HIT HIS HEAD ON THE CONCRETE.
SO I WOULD LIKE TO SEE POINSETTIA PARK DOG PARK BE SOMEHOW OR ANOTHER CHANGED.
YOU KNOW, THE ENCINITAS DOG PARK THEY HAVE WHERE YOU WALK IN FOR QUITE A WAYS ON CONCRETE, YOU KNOW, AND I GOT I WAS SUPPOSED TO GIVE A PRESENTATION THE FOLLOWING DAY, AND A CHOCOLATE LAB CAME FROM BEHIND ME AND HIT ME.
AND YOU ALL, MOST OF YOU KNOW, I HAVE HEARING LOSS, SO I DIDN'T HEAR THAT DOG.
BUT I HAVE A TRI MOLAR FRACTURE AND I HAVE SIX PINS IN MY FOOT.
AND THAT WILL BE FOR THE REST OF MY LIFE.
OKAY. WHICH I'M A REAL ACTIVE PERSON, AND THAT'S KIND OF DONE IT.
OKAY. SO, I'M GOING TO WALK ON OVER.
OH AND I'M JUST GOING TO SAY ONE MORE THING.
I KNOW I'M OVER TIME, BUT THERE WAS A VOLUNTEER POLICE PATROL VAN THERE WHEN THOSE PEOPLE, WHEN THOSE TWO PEOPLE WERE INSIDE THE 55 MILE LANE.
AND IF YOU WANT TO MEET WITH YOU, I'LL GIVE YOU MORE DETAILS.
BUT I DIDN'T COME PREPARED WITH A WRITTEN.
ANYWAY, I THINK YOU GUYS ARE DOING A GREAT JOB.
THANK YOU. NEXT IS THE CONSENT CALENDAR.
[CONSENT CALENDAR]
BUT I WANT TO MAKE NOTE THAT ITEM NUMBER EIGHT IS GOING TO BE RETURNED TO STAFF WITH A RETURN DATE OF OCTOBER 8TH.JUST MARY, JUST LEAVE IT THERE AND WHOEVER IT BELONGS TO, I'LL COME BACK AND GET IT.
I'M HERE TO ASK YOU TO HOLD CITY EMPLOYEES TO THE SAME STANDARD AND AS OTHER CITIES DO FOR PENSIONS.
IF THEY COMMIT A CRIME, SHOULD THEY BE DOCKED OR NOT LOSE THEIR PENSION ENTIRELY? BUT WHAT ARE YOU GOING TO DO ABOUT THAT? MORAL TURPITUDE? MORAL MORALS? CODE OF ETHICS.
DOES THE CITY HAVE ONE FOR EMPLOYEES AND DO THEY ENFORCE IT? SHOULD THEY BE PAID MONEY IF THEY ARE NOT DOING THEIR JOB? AND IF YOU'RE NOT WATCHING AND MONITORING AND HOLDING THEM TO STANDARDS, THEN SHAME ON YOU.
BUT IT'S CALLED THE BALLOT BOX.
BUT YOU ARE NOT DOING YOUR JOB.
IF YOU LET EMPLOYEES SLIDE AND DON'T HOLD THEM TO THE SAME STANDARDS.
THAT'S JUST GIVING AWAY FREE MONEY.
NO WONDER PEOPLE WANT TO WORK FOR THE CITY.
I THINK THAT YOU COULD DO BETTER, AS COULD WE ALL.
SO WHY AREN'T YOU? IF YOU REALLY BELIEVE THAT ALL EMPLOYEES ARE WONDERFUL, THEN YOU DON'T HAVE TO WORRY ABOUT THEIR STANDARDS. AND YOU CAN BE CHALLENGING THEM TO DO BETTER.
[00:30:05]
YOU GIVE NO AUTHORITY TO THE SENIOR COMMISSION.YOU DON'T EVEN HAVE THE COURTESY TO ASK THE CITY MANAGER TO INVESTIGATE SOME OF THE CLAIMS ABOUT PENSIONS.
AND IF THEY LIE, EMPLOYEES LIE.
THERE SHOULD BE CONSEQUENCES FOR THE ACTIONS OF YOUR EMPLOYEES AND FOR YOU.
BUT YOU'VE GOT TO WANT TO EQUAL THE PLAYING FIELD, AND YOU'VE GOT TO WANT TO UPHOLD THE STANDARDS.
ANY OTHER SPEAKERS FOR ITEMS ONE THROUGH SIX? THERE ARE NO ADDITIONAL SPEAKERS.
ANY COUNCIL MEMBERS WANT TO PULL ANY OF THESE ITEMS, COMMENTS OR QUESTIONS ON ANY OF THEM? MOTION FOR CONSENT CALENDAR ITEMS ONE THROUGH SIX, PLEASE.
PLEASE VOTE. PASSES UNANIMOUSLY.
[7. CARLSBAD VILLAGE DRIVE MIXED-USE PROJECT BOUNDED BY CARLSBAD VILLAGE DRIVE TO THE NORTH, INTERSTATE 5 FREEWAY TO THE EAST AND OAK AVENUE TO THE SOUTH (SDP 2023-0014) ]
ITEM NUMBER SEVEN. CITY MANAGER, PLEASE.YES. THANK YOU. ITEM NUMBER SEVEN IS THE CARLSBAD VILLAGE DRIVE MIXED USE PROJECT BOUNDED BY CARLSBAD VILLAGE DRIVE TO THE NORTH, INTERSTATE FIVE FREEWAY TO THE EAST, AND OAK AVENUE TO THE SOUTH.
SENIOR PLANNER JASON GOFF AND PRINCIPAL PLANNER CLIF JONES.
GOOD EVENING, MAYOR, COUNCIL MEMBERS.
MY NAME IS JASON GOFF, SENIOR PLANNER AND PROJECT PLANNER FOR THE PROPOSED DEVELOPMENT APPLICATION.
THE AGENDA FOR TONIGHT'S PRESENTATION WILL TOUCH ON THREE MAIN ELEMENTS.
GIVEN THE NUMBER AND THE COMPLEXITIES OF RECENT STATE HOUSING LAWS, MR. JONES WILL FIRST PROVIDE AN OVERVIEW OF HOW THESE NEW LAWS AFFECT THE CITY'S REVIEW AND APPROVAL PROCESS.
AND WHILE THE CEQA DETERMINATION IS NOT SOMETHING THE CITY COUNCIL CAN CONSIDER THIS EVENING, MR. JONES WILL CLARIFY THE LEGAL STEPS STAFF WAS REQUIRED TO FOLLOW IN CERTIFYING THE CEQA EXEMPTION.
I WILL THEN PROVIDE A SUMMARY OF THE PROJECT DESCRIPTION AND THEN CONCLUDE THE PRESENTATION WITH AN OVERVIEW OF THE MORE SIGNIFICANT ISSUES RAISED AT THE PLANNING COMMISSION HEARING ON JULY 17TH, AND THE CITY STAFF'S RESPONSE TO THOSE CONCERNS.
THANK YOU, MR. GOFF AND FOR THE RECORD, I'M CLIFF JONES, PRINCIPAL PLANNER.
SO EVEN THOUGH CITIES HAVE TRADITIONALLY HAD CONTROL OVER HOW LAND IS USED, AND HERE IN CARLSBAD, THIS INCLUDED ESTABLISHING A CAP OF HOW MANY HOMES WOULD BE BUILT.
TODAY WE FIND OURSELVES IN A MUCH DIFFERENT POSITION.
CARLSBAD DOESN'T GET TO DECIDE HOW MUCH HOUSING IS NEEDED.
IN FACT, WE HAVE LITTLE SAY IN WHAT PORTION OF THE REGION'S HOUSING NEEDS ARE ASSIGNED TO OUR CITY.
HERE ARE FOUR SPECIFIC STATE HOUSING LAWS THAT WE'LL BE TALKING ABOUT TONIGHT.
THE HOUSING ACCOUNTABILITY ACT.
THE HOUSING ACCOUNTABILITY ACT.
DENSITY BONUS LAW AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS IT RELATES TO HOUSING PROJECTS.
THE HOUSING ACCOUNTABILITY ACT IS AN OLDER LAW DATING BACK TO THE EARLY 1980S.
THIS LAW MUST BE INTERPRETED AND IMPLEMENTED IN FAVOR OF APPROVING HOUSING PROJECTS.
THIS LAW ENCOURAGES INFILL DEVELOPMENT PROJECTS.
[00:35:08]
UNITS. ONE OF THESE CHANGES IN 2020, REQUIRES CITIES TO ONLY APPLY OBJECTIVE STANDARDS TO HOUSING DEVELOPMENT PROJECTS.THEY SHOULD BE SO CLEAR THAT EVERYONE WILL INTERPRET THEM THE SAME WAY.
SUCH STANDARDS, INCLUDING BUILDING SETBACKS, BUILDING HEIGHT, AND OPEN SPACE REQUIREMENTS.
SUBJECTIVE STANDARDS CANNOT BE USED TO DENY OR REDUCE DENSITY OF A HOUSING PROJECT.
ANOTHER PROVISION OF THE HOUSING ACCOUNTABILITY ACT STATES THAT CITIES CANNOT DENY HOUSING DEVELOPMENT PROJECT OR IMPOSE A CONDITION REQUIRING LOWER DENSITY, UNLESS THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY.
FIRST, DOES THE PROJECT MEET THE DEFINITION OF A HOUSING DEVELOPMENT? SECOND, DOES THE PROJECT MEET ANY REQUIRED AFFORDABILITY CRITERIA? THIRD, IS THE PROJECT CONSISTENT WITH REQUIRED PLANS AND STANDARDS? AND FOURTH, DOES THE PROJECT NOT HAVE A SPECIFIC ADVERSE IMPACT UPON HEALTH SAFETY THAT CANNOT BE MITIGATED IF THE PROJECT MEETS THOSE CRITERIA, THE PROJECT CANNOT BE DENIED WITHOUT POTENTIAL VIOLATIONS OF THE HOUSING ACCOUNTABILITY ACT.
THE STATE LAW DOES GIVE LOCAL CITIES THE ABILITY TO DENY HOUSING PROJECTS.
BUT THE FINDINGS ARE, BY DESIGN, EXTREMELY DIFFICULT TO MAKE.
THE CITY MUST IDENTIFY A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY, AND CONCLUDE THAT THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE IMPACT.
AN ADVERSE IMPACT MEANS A SIGNIFICANT, QUANTIFIABLE, DIRECT AND UNAVOIDABLE IMPACT BASED ON OBJECTIVE WRITTEN PUBLIC HEALTH OR SAFETY STANDARDS, POLICIES OR CONDITIONS, AND THIS IS A HIGH BAR TO OVERCOME.
FOR EXAMPLE, IN 2022, THE STATE COURT OF APPEAL RULED THAT DEVELOPERS OF DENSITY BONUS PROJECTS ARE ENTITLED TO WAIVE DEVELOPMENT STANDARDS, EVEN IF THE PROJECT COULD BE REDESIGNED TO COMPLY WITH THE RELEVANT STANDARDS.
IN OTHER WORDS, THE COURTS HAVE HELD THAT A CITY CANNOT REDESIGN A DENSITY BONUS PROJECT ON THE THEORY THAT IF THE PROJECT WERE CONFIGURED DIFFERENTLY, IT WOULD NOT NEED THE REQUESTED WAIVERS.
THE HOUSING CRISIS ACT OF 2019, ALSO KNOWN AS SB 330, AMENDED THE HOUSING ACCOUNTABILITY ACT AND PLACED SIGNIFICANT RESTRICTIONS ON HOUSING APPLICATION PROCESSING. FOR EXAMPLE, IT GIVES APPLICANTS STRONGER VESTING RIGHTS.
EVEN IF THE DEVELOPER WAITS YEARS LATER TO PULL THEIR BUILDING PERMITS.
SPEAKING OF CAPS, THE STATE PROHIBITS LOCAL CITIES FROM IMPOSING HOUSING CAPS OR MORATORIUMS ON DEVELOPMENT, WHICH IS IN DIRECT VIOLATION OF THE CITIZEN APPROVED GROWTH MANAGEMENT PROGRAM.
UNFORTUNATELY, VOTER INITIATIVES DO NOT TRUMP STATE HOUSING LAW.
STATE DENSITY BONUS LAW IS ANOTHER HOUSING LAW, AND IT'S BEEN ON THE BOOKS SINCE THE 1970S, BUT IN THE PAST TEN YEARS HAS BEEN SIGNIFICANTLY ALTERED TO GIVE DEVELOPERS MORE AND MORE ALLOWANCES UNDER DENSITY BONUS.
DEVELOPERS CAN GET A DENSITY INCREASE BY AS MUCH AS 50% OVER THE CITY'S MAXIMUM DENSITY, WHEN ONLY WHEN THEY ONLY RESTRICT 15% OF THE UNITS AS AFFORDABLE.
PRIOR TO 2021, THE DENSITY BONUS MAX WAS CAPPED AT 35% AND WAS CHANGED TO 50% IN 2021.
[00:40:04]
DENSITY BONUS.THIS ADDITIONAL 50% DENSITY BONUS IS REFERRED TO AS A DOUBLE DENSITY BONUS AND UNDER DENSITY BONUS LAW, IF THE CITY'S DEVELOPMENT STANDARDS FRUSTRATE THE APPLICANT'S ABILITY TO ACHIEVE THAT DENSITY BONUS THAT THEY ARE ENTITLED TO UNDER DENSITY BONUS LAW, THE STATE LAW ALLOWS THE APPLICANT TO WAIVE OR DEVIATE FROM THE STANDARD, EVEN IF THEY ARE OBJECTIVE STANDARDS, AND THE CITY MUST GRANT THE DEVIATION UNLESS THE PROJECT WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH OR SAFETY.
AS YOU WILL SEE IN THIS ILLUSTRATION, WITH DENSITY BONUS LAW, A DEVELOPER CAN EXCEED THE NUMBER OF UNITS ALLOWED UNDER CITY ZONING IF A CERTAIN PERCENTAGE OF AFFORDABLE HOUSING IS PROVIDED. AND CAN EXCEED OUR HEIGHT LIMITS AND THE CITY MUST APPROVE IT.
THE NEXT LAW I WILL DISCUSS IS THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, OR CEQA.
MOST ACTIONS THE CITY MAKES INVOLVES A CEQA DECISION RANGING FROM PURCHASING A VEHICLE TO IMPROVING A ROADWAY, AND MOST OF THOSE CITY ACTIONS ARE EXEMPT FROM CEQA.
EACH PROJECT MUST MEET ALL THE CRITERIA.
CRITERIA. PROJECTS THAT DON'T ARE REQUIRED TO EITHER LOOK AT ANOTHER EXEMPTION OR PERFORM ADDITIONAL ENVIRONMENTAL REVIEW, SUCH AS A MITIGATED, MITIGATED NEGATIVE DECLARATION OR EIR.
HAVE NO VALUE AS HABITAT FOR RARE, ENDANGERED, OR THREATENED SPECIES.
IS CONSISTENT WITH THE CITY'S GENERAL PLAN AND ZONING REGULATIONS FOR THE PROPERTY.
CAN BE ADEQUATELY SERVED BY ALL REQUIRED UTILITIES AND PUBLIC SERVICES, AND WOULD NOT RESULT IN ANY SIGNIFICANT EFFECTS RELATING TO TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY.
UNDER THE CITY'S MUNICIPAL CODE.
THIS RESPONSIBILITY HAS BEEN IN THE CITY'S CODE GOING BACK TO 2001.
THE EXEMPTION PROCESS IS SUBJECT TO THE SAME TEN DAY APPEAL AS ANY OTHER CITY PLANNER DECISION, SUCH AS A MINOR COASTAL DEVELOPMENT PERMIT, AND IS OUTLINED IN THE MUNICIPAL CODE.
CEQA GUIDELINES AND HOUSING ACCOUNTABILITY ACT ONCE THE PROJECT HAS BEEN DEEMED COMPLETE, THE CITY PLANNER ALSO REVIEWS IF AN EXCEPTION TO AN EXEMPTION APPLIES, WHICH IS DOCUMENTED IN THE NOTICE OF DETERMINATION.
A NOTICE OF EXEMPTION FOR THIS PROJECT WAS POSTED ON FEBRUARY 29TH, 2024, AND WHILE INQUIRIES WERE MADE DURING THE APPEAL PERIOD, NO APPEAL WAS FILED. IT'S IMPORTANT TO NOTE THAT THE USE OF CEQA EXEMPTIONS HAS CHANGED BASED ON STATE LAW AND COURT CASES IN PRIOR YEARS, THE COURT OFTEN CONCLUDED THAT MORE ENVIRONMENTAL REVIEW IS BETTER.
NOWADAYS, THE COURTS ARE RULING MORE AND MORE IN FAVOR OF DEVELOPMENT PROJECTS USING THE CEQA EXEMPTIONS TO BUILD PROJECTS THAT IMPLEMENT STATE HOUSING LAW, AND THE STATE LEGISLATURE HAS BEEN FOLLOWING THAT TREND.
EFFECTIVE JANUARY OF 2024, THE HOUSING ACCOUNTABILITY ACT ALLOWS DEVELOPERS OF AN ELIGIBLE HOUSING DEVELOPMENT PROJECT TO CHALLENGE AN AGENCY'S DETERMINE TO AGENCIES DETERMINATION THAT A PROJECT IS INELIGIBLE FOR A CEQA EXEMPTION.
THE PROJECT WAS SUBMITTED TO THE CITY IN 2003 AND COMPLETED THREE ROUNDS OF PROJECT REVIEW.
AFTER REVIEWING THE PROJECT AND TECHNICAL STUDIES, THE CITY PLANNER WAS REQUIRED TO DECIDE IF THE PROJECT WAS EXEMPT UNDER THE MUNICIPAL CODE THAT DELEGATES THIS AUTHORITY.
THERE IS NO OPTION TO REFER ANY PROJECT TO ANOTHER DECISION MAKER FOR THE CEQA DETERMINATION.
[00:45:06]
THE CITY PLANNER WAS REQUIRED TO TAKE ACTION ON THE CEQA UNDER THE PERMIT STREAMLINING ACT, DUE TO A PROJECT BEING DEEMED COMPLETE, COMPLY WITH THE HOUSING ACCOUNTABILITY ACT RELATED TO INFILL EXEMPTIONS, AS THERE WAS SUBSTANTIAL EVIDENCE IN THE RECORD THAT THE PROJECT COMPLIED WITH ALL THE CRITERIA FOR THE EXEMPTION. THE CEQA NOTICE WAS POSTED ONLINE DURING THE TEN DAYS AND EMAILED OUT.MEMBERS OF THE PUBLIC DID INQUIRE ABOUT THE POSTING DURING THE APPEAL PERIOD.
NO APPEAL WAS FILED, SO THE EXEMPTION IS FINAL.
NOW, THIS HAS BEEN A VERY HIGH LEVEL DISCUSSION, A VERY COMPLEX STATE LAWS.
HOWEVER, SHOULD MEMBERS OF THE PUBLIC LIKE TO LEARN MORE? THE CITY OFFERS A LIBRARY OF INFORMATIONAL BULLETINS THAT COVER THESE COMPLEX REQUIREMENTS.
THESE INFORMATIONAL BULLETINS HELP EXPLAIN HOW THE STATE HAS CREATED LAWS THAT LIMIT A LOCAL GOVERNMENT'S ABILITY TO DENY OR REDUCE THE DENSITY OF, OR MAKE INFEASIBLE HOUSING PROJECTS. AT THIS TIME, I'D LIKE TO PASS THE PRESENTATION BACK TO MR. GOFF. THANK YOU.
THE PROJECT SITE OF TONIGHT'S DISCUSSION IS LOCATED NEAR THE NORTHEAST CORNER OF CARLSBAD VILLAGE DRIVE AND INTERSTATE FIVE, WITHIN THE BOUNDARIES OF THE VILLAGE AND BARRIO MASTER PLAN. THIS SHOPPING CENTER IS CURRENTLY HOME TO THE SMART AND FINAL GROCERY STORE, DENAULT'S ACE HARDWARE, AND OTHER SMALL RETAIL COMMERCIAL ESTABLISHMENTS.
HERE'S ANOTHER PERSPECTIVE OF THE SITE.
AND HERE YOU CAN SEE THAT THE SITE HAS REMAINED LARGELY UNCHANGED FOR THE PAST 20 YEARS.
IT IS IMPORTANT TO NOTE THAT THE VILLAGE AND BARRIO MASTER PLAN AND THE CITY'S GENERAL PLAN HAVE ALLOWED RESIDENTIAL DEVELOPMENT ON THIS PROPERTY AND ELSEWHERE IN THE VILLAGE, DATING BACK SEVERAL YEARS.
IN FACT, THE ZONING ON THE SUBJECT.
PROPERTY HAS ALLOWED FOR 35 DWELLING UNITS PER ACRE.
PRIOR TO THAT, 23 DWELLING UNITS PER ACRE WAS ALLOWED, AND FOR THE DEVELOPER TO ACHIEVE THAT HIGHER DENSITY, THE RESIDENTIAL DEVELOPMENT COULD ONLY BE PERMITTED IF CERTAIN FINDINGS COULD BE MADE.
IN 2018, THAT REQUIREMENT WAS REMOVED BY THE CITY COUNCIL, THEREBY ALLOWING THE PROPERTY TO BE DEVELOPED ENTIRELY RESIDENTIAL, ENTIRELY COMMERCIAL, OR A COMBINATION OF THOSE TWO USES.
THE PROJECT HERE IS PROPOSING 218 MULTIFAMILY RESIDENTIAL APARTMENT UNITS, CONSISTING OF 191 MARKET RATE, 27 AFFORDABLE UNITS, ALL SITUATED WITHIN TWO FIVE STORY BUILDINGS FRONTING ALONG OAK AVENUE AND THE HOPE AVENUE ALLEY.
ALSO PROPOSED IS A FIVE STORY PARKING STRUCTURE HOLDING 289 PARKING SPACES, AS WELL AS 51 PARKING SPACES SITUATED ADJACENT TO INTERSTATE FIVE. IN TOTAL, THE PROJECT HAS 340 ON SITE PARKING STALLS.
LASTLY, THE PROJECT IS PROPOSING 13,800FT² OF RETAIL SPACE WITHIN TWO ONE STORY BUILDINGS, AND THE 4.12 ACRE SITE IS BEING CONSOLIDATED FROM FOUR PARCELS INTO TWO, WITH THE RETAIL LOCATED ON ONE LOT AND THE RESIDENTIAL BUILDINGS AND PARKING GARAGE LOCATED ON THE OTHER.
TO ACHIEVE THE HIGHER DENSITY BEING PROPOSED, THE APPLICANT IS APPLYING DENSITY BONUS LAW AND IS ALLOWED UNDER STATE LAW TO REQUEST A 50% DENSITY INCREASE OVER THE CITY'S MAXIMUM 35 DWELLING UNITS PER ACRE, IN EXCHANGE FOR RESERVING 27 AFFORDABLE UNITS TO VERY LOW INCOME HOUSEHOLDS.
TO ACHIEVE THIS DENSITY, STATE LAW ALLOWS AN APPLICANT TO REQUEST DENSITY BONUS WAIVERS, WHICH IN THIS CASE THE APPLICANT IS DEVIATING FROM FIVE CITY OBJECTIVE STANDARDS, SPECIFICALLY IN THE AREA OF BUILDING HEIGHT, GOING FROM GOING TO FIVE STORIES WHERE FOUR STORIES IS THE MAXIMUM, INCREASING THE LIMITATIONS ON ARCHITECTURAL FEATURES ALONG A BUILDING FACADE, ALLOWING ROOF STRUCTURES LIKE ELEVATOR HOUSINGS TO EXCEED HEIGHT LIMITS, ALLOWING THE FOURTH FLOOR TO EXCEED MAXIMUM SIZE
[00:50:07]
LIMITS, AND WAIVING THE REQUIREMENT THAT ALL ACCESS SHALL BE TAKEN FROM AN ALLEY BECAUSE OF STATE LAW.I BRING THE HEARING COUNT TO YOUR ATTENTION BECAUSE, AS MR. JONES MENTIONED, AS PART OF HIS PRESENTATION, THE CITY MUST CONSIDER THE PROJECT WITHIN FIVE MEETINGS.
TONIGHT'S MEETING REPRESENTS THE FOURTH MEETING OF THIS PROJECT.
DURING THE PROCESS PROCESSING OF THIS PROJECT, OVER 140 COMMENTS HAVE BEEN SUBMITTED, RAISING ISSUES RELATED TO THE PUBLIC OUTREACH AND NOTIFICATION THAT WAS CONDUCTED, INCREASES IN TRAFFIC, CONCERNS THAT THE COMMERCIAL USE WILL NOT BE DEVELOPED AS PROPOSED, QUESTIONS ABOUT HOW FUTURE PROJECT CHANGES WILL BE HANDLED. CONCERN ABOUT THE LOSS OF EXISTING COMMERCIAL BUSINESSES AND USES ADJACENT TO THE INTERSTATE FIVE FREEWAY.
ANY LETTERS RECEIVED AFTER THE PUBLISHED DATE HAVE BEEN DISTRIBUTED TO THE COUNCIL.
FOR THIS PRESENTATION, STAFF WILL BE COVERING THE MORE SIGNIFICANT ISSUES RAISED AT THE PLANNING COMMISSION HEARING, HOWEVER, STAFF IS AVAILABLE AND ABLE TO RESPOND TO CONCERNS RAISED SHOULD THE CITY COUNCIL WISH TO.
THERE ARE A FEW COMMENTS RAISED ABOUT PROJECT CONSISTENCY WITH POLICY 84, WHICH IS A COUNCIL POLICY ESTABLISHING THE MINIMUM REQUIREMENTS FOR PUBLIC OUTREACH. TWO REPEATED CONCERNS THAT WERE RAISED INCLUDE ONE, THAT THE EARLY PUBLIC NOTICE FAILED TO INCLUDE THE HEIGHT AND SIZE OF THE PROJECT, AND TWO ONLY A WEBSITE WAS USED TO SOLICIT PUBLIC ENGAGEMENT RATHER THAN A COMMUNITY MEETING.
REGARDING THE PUBLIC NOTICE, COUNCIL POLICY 84 REQUIRES THAT THE NOTICE INCLUDE A BRIEF DESCRIPTION OF THE PROJECT AND PROVIDE EXAMPLES OF WHAT SHOULD BE INCLUDED, SUCH AS BUILDING SIZE, HEIGHT, AND NUMBER OF UNITS.
A CORRESPONDING GUIDANCE DOCUMENT ALSO PROVIDES DIRECTION ON WHAT SHOULD GO INTO THE NOTICE.
THIS IS THE NOTICE OF PROJECT APPLICATION THAT WAS TIMELY MAILED IN JULY OF 2023 TO ALL PROPERTY OWNERS WITHIN A 600 FOOT RADIUS OF THE PROJECT SITE, REACHING A TOTAL OF 130 PEOPLE.
AS THE HIGHLIGHTED SECTIONS SHOW, THE NOTICE CLEARLY DESCRIBES WHAT IS BEING PROPOSED, INCLUDING BUILDING SIZE, SQUARE FOOTAGE OF THE RETAIL AND NUMBER OF RESIDENTIAL UNITS BEING PROPOSED.
THE NOTICE ALSO INCLUDED COLOR RENDERINGS OF THE PROPOSED PROJECT AND A SITE PLAN.
THIS PROJECT DESCRIPTION IS SIMILAR TO THE WAY PRIOR APPLICANTS HAVE DESCRIBED THEIR PROJECTS.
STAFF FINDS THAT THE DATE OF THE NOTICE, THE DATE THAT THE NOTICE WAS MAILED, THE LIST OF THE PROPERTY OWNERS WHO RECEIVED THE NOTICE, AND THE NOTICE CONTENT MEETS THE MINIMUM REQUIREMENTS OF COUNCIL POLICY 84.
PART OF THAT ENGAGEMENT IS TO OFFER THE COMMUNITY A WAY TO PROVIDE FEEDBACK.
THE POLICY LISTS ACCEPTABLE METHODS AND DIRECTS THE APPLICANTS TO APPLY AT LEAST ONE.
[00:55:05]
THEY ARE ONLY REQUIRED TO APPLY ONE METHOD UNDER THIS POLICY, AND THE APPLICANT ELECTED TO DEVELOP A WEBSITE.WHILE TRANSPORTATION IS ALSO MEASURED UNDER CEQA, CEQA IS NOT A PART OF TONIGHT'S ACTION.
BEFORE WE ADDRESS THE COMMENTS, IT IS IMPORTANT THAT WE CLARIFY CERTAIN TERMS. LEVEL OF SERVICE OR LOSS IS A MEASURE OF TRAFFIC VOLUME AND DELAY, ESSENTIALLY HOW LONG SOMEONE SITS IN TRAFFIC.
VEHICLE MILES TRAVELED OR VMT IS HOW FAR ONE TRAVELS.
THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH SETS FORTH THE STATE GUIDELINES FOR APPLYING VMT.
AS PART OF THOSE GUIDELINES IS A SERIES OF SCREENING CRITERIA.
IT IS PRESUMED THAT THE PROJECT MEETING.
IT IS PRESUMED THAT PROJECTS MEETING ANY ONE OF THE LISTED SCREENING CRITERIA WILL NOT CAUSE A SIGNIFICANT, SIGNIFICANT IMPACT ON TRANSPORTATION SERVICES UNDER CEQA.
AS SUCH, NO FURTHER VMT ANALYSIS OR MITIGATION IS REQUIRED.
THE SUBJECT PROJECT MEETS ONE OF THE LISTED CRITERIA, LISTED SCREENING CRITERIA, NAMELY ANY RESIDENTIAL OR RETAIL USE LOCATED WITHIN ONE HALF MILE OF A MAJOR TRANSIT STOP SUCH AS CARLSBAD STATION IS NOT REQUIRED TO CONDUCT A VMT ANALYSIS.
QUESTIONS HAVE ALSO BEEN RAISED THAT THE MEASUREMENT SHOULD BE TAKEN AS A PATH, AS A PATH OF TRAVEL.
THE LEVEL OF SERVICE ANALYSIS WAS NEEDED TO DETERMINE COMPLIANCE WITH THE CITY'S GENERAL PLAN, NOT FOR A SECRET DETERMINATION BASED ON THE CITY'S MOBILITY ELEMENT.
CARLSBAD VILLAGE DRIVE IS AN IDENTITY STREET, WHICH MEANS THAT IT IS NOT SUBJECT TO THE CITY'S LEVEL OF SERVICE STANDARDS, EVEN IF IT WAS BASED ON THIS STANDARD TRAFFIC METHODOLOGY.
THE EXISTING OPERATION AT THE SITE ARE ESTIMATED TO GENERATE 7044 TRIPS, WHILE THE PROPOSED DEVELOPMENT IS EXPECTED TO GENERATE ONLY 2242 TRIPS, RESULTING IN A REDUCTION OF 4802 TRIPS.
THE PERMIT APPLICATION COVERS THE ENTIRE PROPERTY, BOTH THE COMMERCIAL AND THE RESIDENTIAL LOTS, AND ALL AVAILABLE RESIDENTIAL DENSITY HAS BEEN TAKEN AND PLACED ON THE RESIDENTIAL LOT.
PUT ANOTHER WAY, IF THE APPLICATION IS APPROVED, RESIDENTIAL DEVELOPMENT WOULD NOT BE ALLOWED ON THE COMMERCIAL PARCEL UNLESS THE ENTIRE PERMIT APPLICATION WAS MODIFIED. THE SUBJECT PERMIT WILL BE RECORDED AGAINST THE PROPERTY, SO FUTURE PROPERTY OWNERS WILL KNOW THAT THE COMMERCIAL PARCEL IS PART OF A LARGER PERMIT.
IF THE COMMERCIAL PROPERTY IS SOLD AND THE NEW OWNER WISHES TO MAKE MODIFICATIONS.
THOSE CHANGES WOULD REQUIRE CITY REVIEW AND APPROVAL BY THE CITY COUNCIL.
A LOT OF CONCERN WAS RAISED OVER THE BULKY SCALE OF THE STRUCTURES THAT THESE RESIDENTIAL BUILDINGS WILL BE THE FIRST FIVE STORY STRUCTURES IN CARLSBAD, AND THE OVERALL PROJECT DOES NOT MEET THE COMMUNITY CHARACTER OF THE DOWNTOWN AREA.
WHILE STAFF EMPATHIZES AND UNDERSTANDS THE COMMUNITY CONCERNS, AS DISCUSSED IN OUR PRESENTATION, THE HOUSING ACCOUNTABILITY ACT AND THE DENSITY BONUS LAW LIMITS THE CITY'S REVIEW TO ESTABLISH OBJECTIVE AND MEASURABLE DESIGN STANDARDS.
[01:00:03]
ACHIEVING THE ALLOWED DENSITY.AS SUCH, FOR THE REASONS SPECIFIED HERE AND IN THE STAFF REPORT, STAFF AND THE PLANNING COMMISSION RECOMMEND THAT THE CITY COUNCIL APPROVE THE PROPOSED DEVELOPMENT PROJECT. THAT SAID, IF THE COUNCIL WISHES TO DENY THE PROJECT OR REDUCE THE PROPOSED DENSITY, THE FINDINGS SHOWN HERE ON THIS SLIDE WOULD NEED TO BE MADE.
THE PROCEDURE FOR DENIAL OF A PROJECT WOULD BE DIRECT, WOULD BE TO DIRECT STAFF TO PREPARE A RESOLUTION BASED ON THE STANDARDS FOR DENIAL, WHICH WOULD NEED TO BE CONSIDERED AT A FUTURE MEETING.
THIS CONCLUDES STAFF PRESENTATION.
THANK YOU. I'M GOING TO MAKE A REQUEST TO THE AUDIENCE.
IF YOU HAVE SIGNS, YOU'RE WELCOME TO SHOW THEM.
NEXT, I WANT TO ASK EACH OF THE COUNCIL MEMBERS IF YOU HAVE ANY EX PARTE DISCLOSURES.
YES, I, I WATCHED THE PLANNING COMMISSION MEETING ON JULY 17TH.
I'M INTIMATELY FAMILIAR WITH THE PROJECT SITE.
I CONDUCT A LOT OF BUSINESS THERE.
OKAY. I HAVE BEEN TO THE GOLDEN T A COUPLE TIMES.
BUT IT WAS RELATED TO SOME PUBLIC SAFETY ISSUE AND I DID MEET I THINK ON SEPTEMBER 12TH WITH CHRIS WRIGHT AND STEVE LINKE AND OUR COMMUNITY DEVELOPMENT DIRECTOR, JEFF MURPHY, WHO OUTLINED A LOT OF THE ISSUES THAT WERE RAISED AT THE PLANNING COMMISSION AND WERE BRIEFING US ON THAT.
MAYOR. YES, I DID HAVE A MEETING WITH JONATHAN FRANKEL, MARCH 7TH OF THIS YEAR, AS WELL AS MARTIN DANNER AND STEVE LINKE IN AUGUST OF THIS YEAR. AND I ACTUALLY PROBABLY GO TO DINNER ONCE A WEEK, AND I WILL NOT CONFIRM NOR DENY ABOUT THE G BAR OR WHATEVER IT'S CALLED.
WHAT'S IT CALLED? GOLDEN T YEAH, WHOOPS.
I MIGHT HAVE SAID I WENT TO THE G BAR TOO.
ON JUNE 13TH, 2023, I MET AT CITY HALL WITH THE PROJECT APPLICANTS JONATHAN FRANKEL, ANDREW SERENA, PATRICK TOOLEY TO HEAR THEIR PLANS FOR THE PROJECT. SEPTEMBER 10TH, 2024 I MET AT CITY HALL WITH MARTIN DANNER AND STEVE LINKE TO HEAR THEIR FEEDBACK ABOUT THE PROJECT.
ANY OF THOSE MEETINGS WERE PROVIDED TO THE CLERK'S OFFICE FOR THE PUBLIC RECORD.
I MET WITH JONATHAN FRANKEL AND PATRICK TOOLEY ON MARCH 18TH.
AND THEN I HAVE ALSO HAD NUMEROUS EMAILS WHICH I KNOW ARE PART OF THE PUBLIC RECORD THROUGH MAY ALL, ALL THE WAY THROUGH SEPTEMBER TO, TO TODAY AND THEN ALSO WATCH THE PLANNING COMMISSION MEETINGS FROM JUNE AND JULY.
AND THEN I ALSO HAD A MEETING WITH RESIDENTS CHRIS WRIGHT AND STEVE LINKE, AND THEN I'VE ALSO RECEIVED A COUPLE OF LETTERS FROM RESIDENTS THAT WAS THAT I RECEIVED TODAY THAT WERE FROM GARY NESSIM AND JOAN SUFFREDINI, AND THAT'S IT.
I WATCHED A VIDEO OF THE TOWN HALL MEETING THAT WAS HELD LAST WEEK.
I'VE ALSO MET WITH QUITE A FEW DIFFERENT RESIDENTS THROUGHOUT THE LAST SEVERAL MONTHS, I HAVE NOT MET WITH ANY REPRESENTATIVES OF THE DEVELOPMENT. I'M SORRY, MR. MAYOR. MY SCRIBBLED NOTES.
I DID MEET WITH THE PROJECT APPLICANT INITIALLY.
PROBABLY. I DON'T HAVE THE EXACT DATE BUT THE SAME TIME FRAME, SO I DO HAVE TO ADD THAT.
THANK YOU. NEXT IS CITY COUNCIL QUESTIONS ON STAFF PRESENTATION.
DOES ANYBODY HAVE QUESTIONS? MISS BURKHOLDER.
NO SPEAKERS. I'M SORRY, NO SPEAKERS.
I'M SORRY, MAYOR, I WASN'T AWARE.
THANK YOU FOR BRINGING IT TO MY ATTENTION.
SO THIS WILL BE QUESTIONS JUST ON STAFF PRESENTATION.
I'M SORRY. THANK YOU FOR BRINGING THAT TO MY ATTENTION.
SO THIS IS ON THE STAFF PRESENTATION.
[01:05:01]
CONSIDERING UNDER SB 330, WE'RE ONLY ALLOWED FIVE HEARINGS.I'M JUST WONDERING WHY THAT WAS GRANTED.
COUNCIL MEMBER BURKHOLDER, MEMBERS OF THE CITY COUNCIL, FOR THE RECORD, ERIC LARDY, CITY PLANNER.
I'M GOING TO INTERRUPT YOU FOR A MOMENT.
WE HANDLE THIS LIKE A PROFESSIONAL MEETING.
IT'S VERY RUDE TO THE PEOPLE BEHIND YOU.
THEY CAN'T SEE AND PARTICIPATE COMPLETELY.
IF YOU'RE HOLDING A SIGN IN FRONT OF THEIR FACE, GO AHEAD.
SO IT'S PAST PRACTICE TO READ A STATEMENT INTO THE RECORD AND ASK THE APPLICANT IF THEY WOULD LIKE TO ASK FOR A CONTINUANCE, AND THE PLANNING COMMISSION HAS THE RIGHT TO GRANT OR NOT GRANT THAT THAT WAS THE CONTINUANCE OF THE FIRST MEETING.
I'M SORRY I DIDN'T GET AN ANSWER TO WHY THE DEVELOPER WANTED TO CONTINUE.
AND THE NEXT QUESTION, CAN YOU PLEASE HELP PEOPLE UNDERSTAND WHY OUR HEIGHT RESTRICTIONS ARE EXEMPTED FOR THIS PARTICULAR PROJECT? I CAN ADDRESS THIS QUESTION.
THANK YOU. UNDER A DENSITY BONUS LAW, A DEVELOPER IS ALLOWED TO REQUEST A INCENTIVE, CONCESSION OR WAIVER FROM A OBJECTIVE DEVELOPMENT STANDARDS SUCH AS THE 45 BUILDING FOOT HEIGHT AND IN THIS CASE, A, THEY DID REQUEST A DEVIATION FROM THAT 45 FOOT STANDARD, AND IT'S MY UNDERSTANDING, AND MAYBE I'M WRONG, THAT THEY REQUESTED SEVERAL EXEMPTIONS, CORRECT? THAT IS CORRECT.
DO YOU KNOW HOW MANY LUXURY APARTMENTS WE HAVE IN DISTRICT ONE? UNFORTUNATELY, STAFF DOESN'T HAVE THAT INFORMATION.
IT WAS INCLUDED IN OUR HOUSING ELEMENT.
WE DON'T HAVE THAT AT OUR FINGERTIPS, BUT THAT'S SOMETHING THAT WOULD BE MORE READILY AVAILABLE.
AND THANK YOU, MR. LARDY. I APOLOGIZE IN ADVANCE.
IT JUST SEEMS TO ME THAT WE HAVE A PLETHORA OF LUXURY APARTMENTS, AND I JUST WONDER AT THE END OF THIS WHAT THE PRICE TAG IS GOING TO BE FOR ONE OF THESE SUPPOSEDLY VERY LOW OR AFFORDABLE APARTMENTS.
THANK YOU. BUT I AM STILL CURIOUS ABOUT THAT DATA.
IS THE COMMERCIAL WHICH IS SEPARATE CONSIDERED FOR THE DENSITY BONUS? THE COMMERCIAL ITSELF IS NOT CONSIDERED FOR THE DENSITY BONUS, BUT UNDER DENSITY BONUS LAW, WE'RE REQUIRED TO LOOK AT THE GROSS ACREAGE OF THE ENTIRE SITE THAT'S PROPOSED. AND SO THE DENSITY CALCULATIONS WERE INCLUDED ON THE ENTIRE PROPERTY FOR THE SITE.
OKAY. I HAVE MORE ON THAT LATER.
AND THEN REGARDING THE CEQA DETERMINATION, HAS THERE BEEN A REMAND OF A PREVIOUS PROJECT OR PROJECTS RELATIVE TO THAT? BASED ON OUR UNDERSTANDING OF HISTORY, THERE WAS ONE PROJECT THAT WAS REMANDED BACK IN 2019.
I'D ASK IF THE CITY ATTORNEY WANTED TO OPINE ON THAT ONE ANY FURTHER.
AS STATED, I'M SENIOR ASSISTANT CITY ATTORNEY ALLEGRA FROST.
IN THAT CASE, THE WELL, SO THIS CASE, I'D SAY WAS A LITTLE DISTINGUISHABLE BECAUSE FOR TWO REASONS.
FIRST OF ALL, WE ONLY HAVE NOW ONE REMAINING HEARING UNDER THE HOUSING ACCOUNTABILITY ACT, RIGHT.
SO IF YOU WERE TO REMAND IT BACK TO THE PLANNING COMMISSION, THAT WOULD BE THE FIFTH HEARING.
SECONDLY, THERE IS A NEW BILL THAT'S BEEN PASSED THAT'S EFFECTIVE AS OF THE FIRST OF THIS YEAR THAT GENERALLY EXPANDS THE DEFINITION OF WHAT IT MEANS TO DENY A PROJECT.
THAT BILL WAS NOT IN PLACE WHEN ROMERO POINT WAS REMANDED BACK TO BACK TO THE PLANNING COMMISSION.
[01:10:06]
THANK YOU, MISS FROST. IT SOUNDS LIKE WHAT YOU'RE SAYING.IS THAT CORRECT? THE THIS POTENTIALLY, POTENTIALLY WHAT WE WOULD LIKELY SEE IS LETTERS FROM HCD AND POTENTIAL DIRECTION AND REFERRAL TO THE ATTORNEY GENERAL, WHETHER THEY WOULD TAKE IT TO THE LEVEL OF DECERTIFYING OUR HOUSING ELEMENT AND PUTTING IN PLACE BUILDER'S REMEDY REMAINS TO BE SEEN.
WOULD YOU EXPLAIN TO THE PUBLIC WHAT BUILDER'S REMEDY IS, PLEASE? YES. SO EACH JURISDICTION IN THE STATE OF CALIFORNIA IS REQUIRED TO HAVE A HOUSING ELEMENT.
THE LAWS HAVE CHANGED SIGNIFICANTLY OVER THE PAST FIVE OR SO YEARS.
ONE OF THE NEW LAWS IS IF A CITY DOES NOT HAVE A HOUSING ELEMENT THAT'S CERTIFIED, WHICH MEANS IT'S APPROVED OR DEEMED APPROVED BY STATE HOUSING AND COMMUNITY DEVELOPMENT, AND DEVELOPERS CAN PROPOSE DEVELOPMENTS REGARDLESS OF A CITY'S GENERAL PLAN OR ZONING ORDINANCE, AS LONG AS THEY MEET A 20% AFFORDABLE HOUSING, WHICH MEANS THAT IN LOCATIONS THAT HOUSING OR HIGH DENSITY HOUSING IS NOT ALLOWED, BUILDERS REMEDY PROJECTS COULD BE PROPOSED.
YEAH, I THINK MORE ON THAT LATER.
HELP ME UNDERSTAND HOW A FIVE STORY PARKING STRUCTURE AND PROXIMITY TO TRANSIT CAN BOTH BE USED AS EXEMPTIONS BECAUSE IN THE WHOLE IDEA OF BEING CLOSE TO TRANSIT AND A FIVE STORY PARKING STRUCTURE ARE INCONGRUOUS.
SO HELP ME UNDERSTAND THAT, PLEASE.
THERE'S A FEW DIFFERENT LAWS AT PLAY RELATED TO THE EXEMPTION.
AND THE STATE RELEASED GUIDANCE ON THAT.
THAT PROJECTS WITHIN A HALF MILE OF TRANSIT ARE DEEMED TO BE LESS THAN SIGNIFICANT OF TRAFFIC.
ANOTHER STATE LAW THAT'S PASSED RECENTLY WAS SB 2097, WHICH REMOVED ALL PARKING REQUIREMENTS.
AND THE INTENT WITH THAT LAW IS REALLY TO LET THE MARKET PROVIDE WHAT IS THE PARKING.
AND SO OUR REQUIRED PARKING FOR THIS PROJECT, GIVEN THAT LAW WAS ZERO.
THE DEVELOPER AND APPLICANT HAS PROPOSED PARKING RELATED TO THAT.
WE COULD SPEAK TO SOME PROPOSALS RELATED TO THAT.
IT'S MAYBE ALMOST AS IF YOU'RE READING MY MIND.
MR. LARDY, CAN YOU PLEASE OR CAN WE PLACE A CONDITION? A LITTLE BIT DIFFERENT ON SLOWING THE RESIDENTIAL SIDE UNTIL THE COMMERCIAL SIDE IS ALREADY DEVELOPED TO REFLECT THE CONCERNS OF THE COMMUNITY REGARDING THE RESALE AND ADDITIONAL DEVELOPMENT? THE THERE ARE CERTAIN CONDITIONS THAT WE COULD PLACE ON THE COMMERCIAL SIDE AND CERTAIN STANDARDS THAT WOULD NEED TO BE IN PLACE.
I COULD ALSO ASK THE CITY ATTORNEY IF THEY WOULD WANT TO OPINE ON.
AGAIN, ALLEGRA FROST, SENIOR ASSISTANT CITY ATTORNEY.
SO THE HOUSING ACCOUNTABILITY ACT DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM EXERCISING ITS AUTHORITY TO CONDITION APPROVAL OF A PROJECT, BUT IT DOES PROVIDE LIMITATIONS FOR APPLICATIONS OF CONDITIONS.
SO IF YOU'RE IMPOSING A CONDITION THAT WOULD EFFECTIVELY DENY THE PROJECT OR WOULD REDUCE THE DENSITY, THEN THE PUBLIC HEALTH AND SAFETY FINDING THAT WAS DISCUSSED DURING THE PRESENTATION WOULD BE REQUIRED.
PUT DIFFERENTLY, YOU CAN CONDITION THE PROJECT, BUT THE CONDITION CANNOT EFFECTIVELY DENY THE PROJECT OR EFFECTIVELY REDUCE THE DENSITY WITHOUT MAKING THE REQUIRED HEALTH AND SAFETY FINDING.
I'D ALSO RECOMMEND THAT ANY CONDITION ADDED BE TIED BACK TO A STANDARD IDENTIFIED IN THE VILLAGE AND BARRIO MASTER PLAN, GENERAL PLAN OR ZONING CODE, AND I BELIEVE STAFF IS READY AND AVAILABLE TO HELP WITH THAT PROCESS.
GREAT. AND THANK YOU, MS. FROST AND MR. LARDY, DO WE HAVE THOSE CONDITIONS? DO YOU HAVE SOME CONDITIONS IN MIND THAT YOU COULD HELP WITH? SHARE WITH US? YES, WE DO HAVE SOME POTENTIAL CONDITIONS.
AND IF YOU COULD ACTUALLY GO TO SLIDE 50.
AND FOR THE RECORD, GIVEN WHAT MISS FROST SAID, THE FREEWAY COMMERCIAL DISTRICT, AS OUTLINED IN THE VILLAGE AND BARRIO MASTER PLAN, CONSISTS OF TRAVELER SERVICES NORMALLY ASSOCIATED WITH OR WITH URBAN FREEWAY INTERCHANGES.
USES INCLUDE LODGING, RESTAURANTS, RETAIL, AND GAS STATIONS.
RESIDENTIAL USES ARE ALSO INCLUDED IN THAT DISTRICT.
SO THAT'S PART OF THAT THAT JUSTIFICATION AND CONNECTION THAT WE WOULD NEED FOR THESE CONDITIONS.
BUT WE HAVE TWO POTENTIAL CONDITIONS PROPOSED.
[01:15:02]
THE FIRST IS THAT ALL FRONTAGE IMPROVEMENTS ASSOCIATED WITH THE PROJECT MUST BE CONSTRUCTED CONCURRENTLY TO THAT RESIDENTIAL.AND THEN THE SECOND POTENTIAL CONDITION WOULD BE DEVELOPMENT OF THE COMMERCIAL PORTIONS ARE REQUIRED WITHIN 12 MONTHS FOLLOWING ISSUANCE OF FINAL OCCUPANCY PERMITS FOR THE RESIDENTIAL PROJECT.
LET ME JUST MAKE SURE I DIDN'T MISS ANY OTHER QUESTIONS FOR STAFF.
I DO HAVE SOME FOR THE DEVELOPER, BUT I'D LOVE TO HEAR FROM MY COLLEAGUES AS WELL.
I THINK THAT'S ALL THAT I HAVE FOR STAFF.
AND OF THOSE 441 UNITS OF LOW INCOME, DO YOU KNOW HOW MANY ARE AVAILABLE? WE DO NOT HAVE THAT. THAT'S A TOTAL NUMBER OF UNITS RIGHT NOW.
HOW MANY DID YOU SAY JUST NOW? 27. OKAY.
CORRECT. THAT'S THE NUMBER I ASKED FOR.
HOW MANY ARE WE REQUIRED FOR ARENA NUMBERS AT THE VERY LOW INCOME LEVEL? DO WE KNOW THAT ONE? THE ARENA NUMBER OVERALL FOR THE CITY WAS ABOUT 4000 UNITS.
IT WAS ABOUT 2400 WITH LOW AND VERY LOW COMBINED.
THAT'S ALL. THANK YOU VERY MUCH FOR BEING JOHNNY ON THE SPOT.
I'D LIKE TO START OFF WITH A QUESTION ON.
I KNOW WE ARE SITTING IN A DIFFERENT ROLE IN SOME SENSE WHEN WE'RE CONSIDERING LAND USE MATTERS.
SO IF YOU COULD CITY ATTORNEY MENTION WHAT TYPE OF ROLE WE ARE SITTING IN TONIGHT? YES. THANK YOU FOR THE QUESTION.
SO, AS YOU KNOW, COUNCIL MEMBERS WERE A BUNCH OF DIFFERENT HATS.
SOMETIMES THERE'S THEIR LEGISLATORS, SOMETIMES THEIR ADVOCATES, AND SOMETIMES THEY SIT IN WHAT WE REFER TO AS A QUASI JUDICIAL ROLE, WHICH IS ESSENTIALLY AKIN TO A JUDGE. AND WHEN THE COUNCIL MEMBER AND COUNCIL MEMBERS SIT IN THAT ROLE, WHENEVER SOMEONE IS COMING TO YOU FOR A DISCRETIONARY PERMIT, AND WHEN YOU SIT IN THAT ROLE LIKE A JUDGE, YOU HAVE TO BE A DISINTERESTED, UNBIASED DECISION MAKER, AND YOU CANNOT PREJUDGE THE MATTER, AND YOU HAVE TO ACCORD THE PERSON SEEKING THE PERMIT DUE PROCESS OF LAW.
SO IN THIS SENSE, YOU ARE SITTING AKIN TO BEING A JUDGE DECIDING A MATTER COMING IN FRONT OF YOU.
AND THEN I KNOW ONE OF THE THINGS THAT WE HEARD A LOT ABOUT FROM THE COMMUNITY ESPECIALLY, AND I KNOW YOU ADDRESSED IT A BIT, WAS AROUND THE CEQA EXEMPTION AND JUST CURIOUS, CURIOUS IF YOU COULD DETAIL THAT A LITTLE BIT IN TERMS OF, YOU KNOW, WHEN HOW THE AUTHORITY OF THAT I KNOW IT SEEMED LIKE IT GOES BACK TO, I THINK YOU MENTIONED 2001, THAT IT FALLS ON THE CITY PLANNER AND THEN OPTIONS FOR US TO BE ABLE TO CHANGE IT MOVING FORWARD.
AND THAT'S THE MOST COMMON OPTION THAT WE'VE SEEN.
OKAY. AND I KNOW IF YOU COULD GO INTO A LITTLE BIT ABOUT SPECIFICALLY FOR THE CEQA EXEMPTION.
I KNOW THERE WERE CERTAIN CONDITIONS THAT HAVE TO BE MET IN ORDER FOR THAT TO BE GIVEN I KNOW TODAY WE'RE NOT NECESSARILY TALKING ABOUT THAT, BUT JUST SO FOLKS CAN HEAR THE PROCESS AS TO HOW THAT EXEMPTION WAS GRANTED, THAT WOULD BE HELPFUL.
SURE. SO THIS PROJECT, THIS EXEMPTION WAS THE INFILL EXEMPTION.
THERE'S A NUMBER OF REQUIREMENTS THAT AN INFILL EXEMPTION MUST MEET.
IT MUST BE LESS THAN FIVE ACRES.
IT MUST BE SUBSTANTIALLY SURROUNDED BY URBAN USES, WHICH IS CLASSIFIED AS 75% OR LESS.
[01:20:01]
IT MUST BE CONSISTENT WITH THE GENERAL PLAN OR ANY APPLICABLE PLANS.THERE ALSO NEEDS TO BE AN EVALUATION OF CUMULATIVE IMPACT AND OTHER ITEMS. SO A CEQA DETERMINATION OF EXEMPTION WAS PREPARED THAT OUTLINED THAT AND INCLUDED TECHNICAL STUDIES.
AND THAT WAS WHAT WAS POSTED IN FEBRUARY AS PART OF THE DETERMINATION OF EXEMPTION.
THAT ACTION WAS APPEALABLE, BUT IT WAS NOT APPEALED.
WITH REGARDS TO COMMUNITY OUTREACH, I KNOW THAT'S ANOTHER PIECE THAT'S COME UP QUITE A BIT.
AND COUNCIL POLICY 84 WAS ALSO BROUGHT UP IN TERMS OF HOW THOSE CONDITIONS ARE GENERALLY MET.
THAT WAS ADOPTED OR I GUESS REVISED BACK IN 2017, AT LEAST FROM WHAT I'VE SEEN.
WHAT? IT SEEMS LIKE, AT LEAST IF YOU CAN TELL ME.
AND I JUST WANT TO GET THE CLARITY, BECAUSE I'VE READ IT AND I KNOW WHAT IT IS.
AND THEN AGAIN, OPTIONS FOR US TO POTENTIALLY RECONSIDER THOSE.
I WOULD NOT AT THIS TIME, BUT LIKELY WILL WANT TO MAKE SOME SORT OF MOTION AROUND THAT.
YEAH. THANK YOU. COUNCIL MEMBER BHAT-PATEL THE SO THERE'S TWO PARTS TO THE POLICY 84.
THERE'S PART A WHICH IS THE INITIAL NOTICE THAT GOES OUT TO THE PUBLIC EYE WHERE IT'S IN THE WHEN IT'S NOT IN THE COASTAL ZONE, IT'S JUST TO THE 600 FOOT RADIUS OF PROPERTY OWNERS WITHIN THAT AREA.
AND THEN PART OF THAT ALSO INCLUDES A SIGN AT THE SITE POSTED AT THE SITE, GENERALLY IN VIEW OF THE PUBLIC RIGHT OF WAY, AND THEN PART B IN THIS CASE, THIS PROJECT MET THE THRESHOLD FOR GOING TO THE ENGAGED ENHANCED STAKEHOLDER OUTREACH.
AND AS PART OF THAT, AS WE DISCUSSED IN OUR PRESENTATION, THERE'S SEVERAL OPTIONS THAT THEY CAN DO.
THEY COULD DO A COMMUNITY MEETING.
THEY CAN DO A MAILER THAT GOES OUT WITH POSTAGE PAID TO MAIL BACK COMMENTS OR QUESTIONS.
THERE'S ALSO THE WEBSITE IN THIS CASE, THE APPLICANT CHOSE TO HOST THE WEBSITE.
AND THAT WEBSITE WAS NOTICED WITH THE INITIAL MAIL OUT THAT WENT OUT TO THE PUBLIC.
I KNOW, AND I BELIEVE YOU KNOW, YOU ADDRESSED THIS WITH YOUR CONDITIONS SLIGHTLY, BUT ONE THING THAT I JUST WANTED TO MAYBE JUST DETAIL A LITTLE BIT MORE WAS AROUND THE CONCERN ABOUT THE TWO DIFFERENT PARCELS AND THE POTENTIAL FOR, YOU KNOW, ONCE WE APPROVE IT, IF THERE'S GOING TO BE A SWITCH TO BUILDING MORE RESIDENTIAL.
THAT'S THE FEEDBACK WE'VE SEEN COMING IN.
MAYOR PRO TEM, WE DO HAVE SOME ADDITIONAL ITEMS WE'VE ALSO WORKED ON RELATED TO THAT.
SO JUST BEFORE WE DO THAT AND IF WE COULD PULL UP SLIDE 48.
THE PROJECT, LIKE ALL PROJECTS WOULD BE DEED RESTRICTED ON THE PROPERTY.
WE'VE SEEN SOME OF THE COMMENTS RELATED TO THIS AND HAVE DISCUSSED THIS.
WHAT WE'RE PROPOSING AS A POTENTIAL AMENDMENT TO THAT CONDITION IS EXPLICITLY MAKING IT CLEAR THAT THE AUTHORITY OF THE CITY PLANNER TO REMOVE A RESTRICTION DOES NOT GRANT ANY SPECIAL AUTHORITY TO CHANGE THE PROJECT OR GRANT USES THAT ARE NOT ON THE PARCEL.
I WOULD ALSO SAY THAT THE CITY COUNCIL AND THE ZONING ORDINANCE CLEANUP THAT WAS APPROVED IN JULY MADE SOME CHANGES TO CODIFY WHAT WAS REFERRED TO AS PLANNING POLICY 35. THAT ALSO RESTRICTS THAT AUTHORITY.
AND THAT WAS BECAUSE SUBSEQUENT PROJECTS WERE APPROVED.
SO IT'S VERY UNCOMMON THAT WE REMOVE A DEED RESTRICTION AND IT HAS TO BE FOR A SPECIFIC REASON.
[01:25:04]
FURTHER CLARIFYING THAT ALL OF THE DENSITY THAT'S BEING UTILIZED FOR THE SITE IS BEING BUILT INTO THOSE RESIDENTIAL PARCELS, AND SO ANY FUTURE USE COULD NOT USE ADDITIONAL RESIDENTIAL UNLESS THE ENTIRE ENTITLEMENT IS CHANGED.WITH WITH REGARDS TO THE CALCULATIONS FOR DENSITY, I MIGHT BE THAT PERSON THAT ASKS YOU IF YOU COULD SHOW US THAT, BECAUSE I KNOW FOLKS ARE INTERESTED IN THAT QUESTION AS TO HOW THE DENSITY CAME ABOUT.
SO I'LL BE THAT PERSON THAT ASKED THAT QUESTION AROUND DENSITY.
AND IF YOU COULD SHOW THE PUBLIC AS TO WHAT THAT NUMBER WAS AND HOW WE'RE THERE.
THIS SITE IS 4.12 ACRES, AND IT'S GRANTED A DENSITY OF 35 UNITS AN ACRE.
THE BASE DENSITY WAS CAME TO UNDER DENSITY BONUS.
THE BASE DENSITY, OR THE STARTING POINT IS USED FOR HOW MUCH AFFORDABLE THEY PROVIDE.
AND SO THE APPLICANT IS PROPOSING 12.5% OF VERY LOW INCOME.
AND UNDER THE STATE'S RULES FOR DENSITY BONUS, THAT GRANTS THEM A 50% DENSITY BONUS.
THAT'S HOW THE ADDITION OF 73 UNITS GETS THEM TO 218.
AS YOU KNOW, THE PROJECT IS PROPOSING 27 UNITS.
IT'S SOMETHING THAT DEVELOPERS HAVE ASKED THE STATE AND HAVE GENERALLY OPPOSED THAT.
AND SO THAT'S REQUIRING THE FIVE ADDITIONAL UNITS UP TO 27.
THANKS FOR EXPLAINING THE 12.5%, BECAUSE I WAS GOING TO ASK YOU TO EXPLAIN IT.
SO I APPRECIATE YOU DOING THAT.
AND THEN I DO HAVE A FEW MORE.
YEAH. AND ON THIS, FOR THE DETAILS OF THE NUMBERS, I'M GOING TO ASK KATIE COLE, WHO IS OUR CONSULTANT FOR FEHR AND PEERS, TO COME UP AND EXPLAIN OUR VMT OR THE VMT ANALYSIS THAT THAT SHE CHECKED.
GOOD EVENING. MY NAME IS KATIE COLE.
I WORK FOR FEHR AND PEERS, WE'RE TRANSPORTATION ENGINEERS AND CONSULTANTS.
WE SERVE AS THE REVIEW ENTITY OF TRANSPORTATION, VMT, TRANSPORTATION STUDIES FOR THE CITY.
WE REVIEWED THE VMT ANALYSIS FOR THIS PROJECT.
THE WAY THAT VMT ANALYSIS IS CONDUCTED, WHICH IS CONSISTENT WITH THE CITY'S GUIDELINES AND ALSO OPRS GUIDELINES, IS THAT FIRST YOU LOOK AT A SERIES OF SCREENING CRITERIA.
SO STEP ONE IS TO LOOK AT THOSE SCREENING CRITERIA.
THIS PROJECT ACTUALLY MEETS THREE DIFFERENT SCREENING CRITERIA.
THE FIRST ONE, THOUGH IS THE LOCATION NEAR A MAJOR TRANSIT STOP.
AND SO THIS PROJECT IS WITHIN A HALF MILE OF A MAJOR TRANSIT STOP.
THAT'S THE IMAGE THAT WAS SHOWN DURING THE STAFF PRESENTATION AND THE PROJECT.
AND THEN THE THIRD CRITERIA THAT THE ENTIRE PROJECT MEETS IS THE REDEVELOPMENT SCREENING CRITERIA, WHICH IS LOOKING AT THE SITE SPECIFICALLY AND DETERMINING WHETHER THE SITE INCREASES OR DECREASES VMT ON THE PRODUCED BY THE SITE ITSELF.
SO THAT'S WHERE THIS THIS PROJECT STOPPED BECAUSE IT MET SCREENING CRITERIA.
AND CAN YOU REMIND US HOW THOSE SCREENING CRITERIA ARE SET? SURE. THE SO THE PROXIMITY TO A TRANSIT STOP IS ACTUALLY SET IN THE CEQA GUIDELINES.
SO THE CEQA LAW THE STATUTE SPECIFICALLY INDICATES THAT PROJECTS THAT ARE NEAR A MAJOR TRANSIT
[01:30:06]
STOP ARE PRESUMED TO HAVE A LESS THAN SIGNIFICANT IMPACT.OPR ALSO PRODUCED A TECHNICAL ADVISORY THAT AGENCIES CAN USE TO HELP THEM IMPLEMENT A VMT AND SB743, AND WITHIN THAT TECHNICAL ADVISORY THERE ARE SEVERAL OTHER SCREENING CRITERIA INCLUDED, INCLUDING THE LOCALLY SERVING RETAIL PROJECT REDEVELOPMENT CRITERIA. THERE'S A CRITERIA AROUND BEING A SMALL PROJECT IDENTIFIED IN THAT TECHNICAL ADVISORY.
SO ALL OF THOSE SCREENING CRITERIA ARE OUTLINED IN THE CITY'S VMT GUIDELINES.
THANK YOU. I DON'T HAVE ANY OTHER VMT QUESTIONS.
WITH REGARDS, THIS IS, I THINK, A PRETTY SIMPLE YES OR NO, BUT THE HEIGHT AND HOW HIGH IT IS AND THE LEVEL NUMBER OF STORIES THAT WE HAVE IS DUE TO THE DENSITY BONUS LAW.
AND THEN THE PARKING REQUIREMENTS TECHNICALLY WERE THERE WERE NO PARKING THAT NEEDED TO BE BUILT.
BUT THERE ARE THERE WILL BE PARKING ON SITE.
YES. OKAY. AND THAT'S THE NO PARKING REQUIREMENT IS SB 2097.
AND ONE OTHER QUESTION THAT'S COME UP IS AROUND.
IS THIS GOING TO CREATE A FOOD DESERT.
AND SO I JUST WANTED TO HEAR FROM YOU ALL.
I KNOW YOU ALL HAVE SEEN THAT SAME QUESTIONING COMING FORWARD.
I'D LOVE TO HEAR YOU KNOW, WHAT INFORMATION YOU MIGHT HAVE AROUND.
WHAT ARE SOME OF THE NEAREST PLACES ALSO OBVIOUSLY ON SITE.
IF THERE ARE PLANS FOR ANYTHING TO BE BUILT SO FOLKS CAN UTILIZE THAT SPACE.
IF THIS PROJECT WERE TO MOVE FORWARD.
SURE. SO PROBABLY A GOOD QUESTION FOR THE APPLICANT IS WHAT'S PROPOSED FOR THEIR RETAIL USE.
WE'VE ALSO DONE AN EVALUATION OF WHERE ARE THE CLOSEST GROCERY STORES IN PROXIMITY TO THE SITE, AND WE CAN PULL UP A SLIDE THAT THAT DOES SPEAK TO THAT. WE ALSO ARE AWARE NOW THAT THERE IS GOING TO BE A BEHRENDS PROPOSED WITHIN THE VILLAGE, WITHIN A HALF MILE OF THE SITE THAT'S ANTICIPATED TO OPEN IN DECEMBER.
BUT THE OTHER PART OF THAT QUESTION IS, ARE WE CREATING A FOOD DESERT WITH THE ELIMINATION OF THE SMART AND FINAL? AND THE WE'VE DONE VARIOUS EVALUATIONS OF IS THERE AN OBJECTIVE STANDARD, IS THERE A SET DEFINITION OF FOOD DESERT.
AND WE'VE NOT BEEN ABLE TO FIND ONE SET DEFINITION.
THEY EVEN HAVE A MAP THAT SHOWS THAT THIS AREA IS RIGHT NOW WITHIN COMPLIANCE.
I DON'T I HAVE QUESTIONS FOR THE APPLICANT WHEN THEY'RE UP LATER.
I DO HAVE A FEW QUESTIONS THAT HAVEN'T BEEN ASKED, OR MAYBE I'M TRYING TO GET AT SOMETHING ELSE THAT'S SIMILAR TO A QUESTION THAT WAS ASKED, BUT I'M GOING TO ASK IT DIFFERENTLY TO DRILL DOWN ON THE ANSWER.
IN THE PRESENTATION, WE TALKED ABOUT THE IMPORTANCE OF DEFINING A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY, AND I'M WONDERING WHAT THAT WOULD BE, BECAUSE I KNOW THAT IN A LOT OF THE PUBLIC COMMENT, WE'VE HEARD THAT THE FOOD DESERT WAS AN EXAMPLE OF THAT.
BUT WHAT WOULD QUALIFY AS A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY? AGAIN, SENIOR ASSISTANT CITY ATTORNEY ALLEGRA FROST SO THE HOUSING ACCOUNTABILITY ACT PROVIDES A DEFINITION FOR A SPECIFIC ADVERSE IMPACT, WHICH MEANS SIGNIFICANT, QUANTIFIABLE, DIRECT AND UNAVOIDABLE IMPACT BASED ON OBJECTIVE, IDENTIFIED WRITTEN PUBLIC HEALTH OR SAFETY STANDARDS, POLICIES OR CONDITIONS AS THEY EXISTED ON THE DATE THE APPLICATION WAS DEEMED COMPLETE.
SO, FOR PURPOSES OF TODAY'S APPLICATION HEARING, YOU WOULD NEED TO BE ABLE TO IDENTIFY AN OBJECTIVE STANDARD TO BE APPLYING TO THE PROJECT. OKAY.
AND I GUESS MAYBE ANOTHER WAY TO REPHRASE THAT QUESTION IS HAS THIS BEEN TESTED AND SOMETHING ELSE YOU MADE MADE IT THROUGH THAT, THAT SOME, SOME OTHER PEOPLE CAME UP WITH A SPECIFIC ADVERSE IMPACT.
[01:35:07]
I MEAN, CITIES HAVE TRIED TO DENY PROJECTS ON THE BASIS OF A SPECIFIC OR A PUBLIC HEALTH AND SAFETY. I BELIEVE CITY OF ENCINITAS DID AS WELL.I'M NOT AWARE OF ANY THAT HAVE BEEN SUCCESSFUL.
CORRECT. AND TO BE CLEAR, YOU CAN USE THINGS LIKE BUILDING CODE VIOLATIONS AND LAWS THAT WOULD THAT'S SEPARATE IF YOU'RE ABLE TO IDENTIFY A LAW THAT THIS IS VIOLATING OR A BUILDING CODE SAFETY STANDARD THAT WOULD BE A CLEAR VIOLATION.
THANK YOU. I KNOW WE TALKED ABOUT VMT A MINUTE AGO, BUT IN A LOT OF THE PUBLIC COMMENT, THERE WAS AN ACTUAL LIKE AN OPPOSITE REACTION WHERE WE STAFF FOUND THAT THERE WOULD BE A DECREASE IN TRIPS.
AND A LOT OF THE COMMUNITY ARE ASSERTING THAT THERE WOULD BE AN ACTUAL INCREASE IN TRIPS TO THIS.
SO WE CAN WE SAY ONE MORE TIME WHY THE VMT WOULD DECREASE BY THOUSANDS WHEN OTHERS SAY IT WOULD INCREASE BY THE SAME AMOUNT TENS OF THOUSANDS OF TRIPS.
THIS IS KATIE COLE WITH FEHR AND PEERS.
SO THAT IS LOOKING AT WHAT'S CURRENTLY EXISTING ON THE SITE AND HOW MUCH VMT IS BEING GENERATED ON THAT SITE TODAY, AND COMPARING IT TO WHAT WOULD BE GENERATED BY THAT SITE IN THE FUTURE. SO WHEN YOU ARE LOOKING AT A SITE SPECIFICALLY FOR REDEVELOPMENT CRITERIA, YOU'RE DOING THE NET CHANGE IN VMT, BMT, A GROCERY STORE OR COMMERCIAL USES IN GENERAL GENERATE A LOT MORE TRAFFIC THAN A HOUSING DEVELOPMENT DOES, AND SO BECAUSE OF THE SHEER VOLUME OF TRAFFIC GOING IN AND OUT OF THERE, AND THE DISTANCE THAT THOSE TRIPS ARE TRAVELING, EVEN THOUGH THEY'RE RELATIVELY SHORT BECAUSE IT IS SERVING MORE OF A LOCAL COMMUNITY.
OKAY, I HAVE A QUESTION ABOUT THAT.
AREN'T THEY TEARING DOWN EVERY LIKE ALL THOSE BUSINESSES ARE GOING OUT AND THEY'RE TEARING DOWN WHAT'S THERE AND BUILDING BRAND NEW? SO HOW CAN WE COMPARE IT TO WHAT IS EXISTING THERE IF THEY'RE DEMOLISHING THAT? WELL, SO IT'S WHAT'S EXISTING THERE NOW, WHICH IS THE SHOPPING CENTER.
AND SO THAT SHOPPING CENTER IS CREATING VMT TODAY.
IN THE FUTURE, THAT SHOPPING CENTER WILL GO AWAY AND THEY'LL REPLACE IT WITH HOUSING.
AND THAT NEW HOUSING WILL CREATE VMT.
HOW DIFFERENT ARE THOSE TWO PROJECTS OR THOSE TWO SITES GOING TO BE? AND SO YOU'RE LOOKING AT THE NET CHANGE.
ALL RIGHT. LET ME ASK A DIFFERENT LINE OF QUESTIONING.
WHO HAS THE DISCRETION OVER KIND OF THE ALTERNATIVE TO OUR 15% INCLUSIONARY HOUSING? I KNOW THAT WE ARE GOING DOWN TO 12.5%, AND I KNOW THAT WE TALKED ABOUT SOME OF THE VERY LOW INCOME BRACKET VERSUS OUR REGULAR, YOU KNOW, BROADER LOW INCOME, 15% INCLUSIONARY HOUSING.
BUT HOW LIKE, WHY ARE WE GIVING THAT EXTRA ASSISTANCE TO THIS PROJECT WHEN OUR SET NUMBER THAT WE TELL EVERYONE IS 15%? I KNOW THAT WE HAVE THE ABILITY IN OUR LAW TO GIVE THAT ALTERNATIVE.
BUT WHO'S MAKING THAT DECISION? BECAUSE WE DIDN'T.
FOR THE RECORD, GEOFF MURPHY, COMMUNITY DEVELOPMENT DIRECTOR.
SO THE INCLUSIONARY THERE'S A THERE'S A COUNCIL POLICY THAT COVERS INCLUSIONARY HOUSING.
EXCUSE ME. SO IF YOU WANT TO DEVIATE FROM 15%, THE COUNCIL HAS ADOPTED DEVIATIONS, DIFFERENT DEVIATIONS THAT WILL ENCOURAGE LOWER AFFORDABILITY. I MEAN, TO GET LOWER AFFORDABILITY IN YOUR HOUSING OR HOUSING UNITS, THEY ALLOW FOR A REDUCTION IN THE INCLUSIONARY AMOUNT.
SO 12.5% IS SOMETHING THE COUNCIL DID AGREE TO IN THEIR POLICY.
RIGHT. DO WE HAVE A COPY OF THAT POLICY? CAN WE TAKE A LOOK AT THAT? OH, THE LANGUAGE THERE.
WE CAN PULL IT UP. WE CAN PULL IT UP ON THE WEBSITE.
[01:40:22]
WHILE I PULL THAT UP, IF YOU WANT TO ASK SOME OTHER QUESTIONS.I HAVE A KIND OF A GRAND FINALE QUESTION.
AND SO I THINK THAT THIS IS IMPORTANT TO SEE BEFORE WE GET TO THAT LAST ONE.
GREAT. AND WHAT I'M GETTING AT IS, YOU KNOW, HOW DO WE NOT REQUIRE THE 15%? RIGHT. SO, THERE ARE SOME EXCEPTIONS WHERE IF THEY'RE PROVIDING VERY LOW INCOME AND I'M JUST WONDERING WHAT THE PROCESS IS.
SO SOMEBODY COMES TO US AND THEY HAVE AN APPLICATION THAT'S LESS THAN 15%.
WHO'S MAKING THE DETERMINATION.
WE'RE GOING TO GIVE YOU A PASS BECAUSE YOU'RE DOING VERY LOW INCOME VERSUS 15%.
AND SO IN THIS CASE, IF A DEVELOPMENT PROJECT PROPOSES A PROJECT THAT INCLUDES VERY LOW INCOME UNITS, THEY CAN DROP THEIR AFFORDABILITY REQUIREMENTS TO 12.5%, SO 15 TO 12.5%.
5%. SO THIS POLICY ESTABLISHES THOSE ALLOWANCES SO APPLICANTS KNOW UP FRONT WHAT THE COUNCIL IS WILLING TO ACCEPT IN TERMS OF DEVIATIONS FROM THE 15%. I GOT IT, BUT I THINK I JUST HEARD IN WHAT YOU SAID WHAT THE COUNCIL IS WILLING TO ACCEPT, BUT IT SOUNDS TO ME LIKE IT'S ALREADY BEEN IT'S ALREADY GONE THROUGH THE PROCESS WITH THIS LESS THAN 15%.
AND IT'S JUST COME TO US FOR THE FIRST TIME.
SO WHO BLESSED THAT THE COUNCIL DID VIA THIS POLICY.
WE WILL ACCEPT, YES, THAT THE CITY WILL ACCEPT THAT LOWER PERCENTAGE.
OKAY. SO HERE'S HERE'S MY QUESTION.
THAT KIND OF SOME OF THE THINGS UP WHEN IT COMES TO THE CEQA EXEMPTION POWER EARLIER ON.
THAT WAS A STAFF DETERMINATION.
THOSE WERE IN OUR POLICY WHERE YOU WHERE WE SAID AND I SAW IN THE PRESENTATION WE COULD DO OR RIGHT, YOU COULD HAVE BIG COMMUNITY MEETING OR YOU COULD DO THIS THING, OR MAYBE YOU COULD BRING THAT UP AGAIN, BECAUSE I THINK IT WAS THE COMMUNITY'S UNDERSTANDING.
IT WAS A GREATER OUTREACH EFFORT.
RIGHT. SO ENHANCED MEANING THEY WOULD BE DOING A LOT OF THESE THINGS, MANY, MAYBE THREE OF FIVE OR ALL AND NOT JUST ONE OR ANOTHER OF THIS LIST.
BUT STAFF MADE THAT DETERMINATION.
STAFF RECEIVED THE REPORT FROM THE APPLICANT AND OUTLINED HOW THEY MET THE COUNCIL POLICY.
AND THIS IS THE SLIDE THAT SPEAKS TO WHAT THOSE OPTIONS ARE.
RIGHT. SO STAFF MADE THE DETERMINATION BASED ON THE POLICY THAT WE HAVE AT THE CITY NOW WHERE IT SAID YOU COULD DO OR WRITE, BUT I THINK THAT THE UNDERSTANDING FROM THE COMMUNITY WAS IT WAS CALLED ENHANCED.
HOW WAS ENHANCED DIFFERENT FROM SIMPLE OR REGULAR OUTREACH? THE POLICY PROVIDES A NUMBER OF OPTIONS RELATED TO IT.
THERE'S CERTAIN REQUIREMENTS THAT EVERY PROJECT NEEDS TO COMPLY WITH.
AND THEN THERE'S CERTAIN PROJECTS THAT ARE DETERMINED BUT TO BE ENHANCED IN THAT POLICY.
AND THESE ARE THE OPTIONS THAT ARE PROVIDED TO THEM IN THAT POLICY.
SO WHAT'S THE DIFFERENCE BETWEEN THE LIST THAT REGULAR SIMPLE OUTREACH DOES VERSUS ENHANCED OUTREACH? NOT EVERY PROJECT NEEDS TO DO ONE OF THESE OPTIONS.
OKAY. BUT STAFF DETERMINED THAT THIS WAS ENHANCED OUTREACH.
THE COMMUNITY OUTREACH THAT WAS DONE WAS ENHANCED AND THAT IT WAS FINE.
RIGHT. STAFF DETERMINED THAT IT MET THE OBJECTIVE REQUIREMENT AND THIS IS ENHANCED.
THIS LIST HERE IS THE ENHANCED.
THIS LIST IS THE ENHANCED LIST IN THE POLICY.
OKAY. SO THAT CEQA, THE CEQA EXEMPTION POWER LAY WITH STAFF.
[01:45:01]
AND WHEN IT COMES TO THE 15% INCLUSIONARY ORDINANCE NOT BEING THE NUMBER, IT'S NOW 12.5%.IT'S BECAUSE IT WAS IN OUR POLICY THAT THAT COULD BE AN ALTERNATIVE.
I WOULD LIKE TO TALK TO MISS FROST ABOUT THAT.
SOUNDS GOOD. THANK YOU. I WAS GOING TO WAIT UNTIL AFTER THE QUESTIONS, BUT WE'VE BEEN IN SESSION FOR AN HOUR AND 45 MINUTES, SO WE'RE GOING TO TAKE A, WILL TEN MINUTES BE SUFFICIENT. YES.
THANK YOU. MAYOR. TEN MINUTE BREAK.
WE'RE GOING TO RECONVENE AT FIVE MINUTES TO SEVEN.
WHEN WE LEFT THERE WAS A QUESTION FOR THE CITY ATTORNEY.
MS. ATTORNEY, WILL YOU PLEASE ADDRESS IT? THANK YOU MAYOR. AT YOUR PLEASURE, IF I COULD CALL MISS FROST BACK UP TO THE PODIUM.
I THINK WE WANT TO ELABORATE A LITTLE BIT ON STAFF'S RESPONSE ABOUT THE DETERMINATIONS MADE REGARDING THE INCLUSIONARY HOUSING NUMBER AND ALSO REGARDING THE COMPLIANCE WITH COUNCIL POLICY 84.
SO I'M SENIOR ASSISTANT CITY ATTORNEY ALLEGRA FROST REGARDING COMPLIANCE WITH COUNCIL POLICY 57, WHICH IS THE COUNCIL POLICY REGARDING THE INCLUSIONARY HOUSING ORDINANCE THAT ONE STATES THAT THE DEVELOPER SHALL HAVE AND IT LISTS A SERIES OF OPTIONS, ONE OF WHICH IS THAT THEY WOULD BE ABLE TO USE THE 12 AND A HALF PERCENT.
THAT IS NOT A STAFF DETERMINATION.
IT'S AN OPTION THAT IS PROVIDED PURSUANT TO THE COUNCIL POLICY.
STAFF EVALUATES THE PROJECT TO DETERMINE CONSISTENCY WITH THE COUNCIL POLICY, BUT STAFF DOES NOT APPROVE A SELECTION AMONGST THE OPTIONS. SIMILARLY, FOR COUNCIL POLICY 84, WHICH IS THE OUTREACH POLICY STAFF DETERMINE OR STAFF EVALUATES FOR CONSISTENCY WITH THE COUNCIL POLICY, BUT DOES NOT MAKE ANY SELECTIONS ABOUT WHAT TYPE OF OUTREACH IS APPROPRIATE OR DETERMINE IF IT'S IN COMPLIANCE.
IT'S INTENDED TO BE AN OBJECTIVE POLICY, AND WE JUST EVALUATE IT FOR CONSISTENCY.
CONSISTENCY WITH COUNCIL'S POLICY.
AND SINCE WE TOOK THE BREAK JUST TO GO BACK OVER THE THREE AREAS WHERE I WAS.
ONE WAS ABOUT THE CEQA EXEMPTION AND ANOTHER WAS ABOUT THE ENHANCED OUTREACH, WHETHER THAT WAS ACCOMPLISHED AND THE OTHER WAS ABOUT THE DIFFERENCE FROM THE 15% INCLUSIONARY HOUSING ORDINANCE THAT WE TRIED TO APPLY CITYWIDE.
BUT THERE ARE EXCEPTIONS, AND THIS IS ONE OF THEM.
I THINK THERE MAY BE ROOM TO CHANGE THOSE AT THE PLEASURE OF THE COUNCIL, BUT THOSE ARE THE I ASKED THOSE QUESTIONS BECAUSE I WANTED TO RAISE THE IDEA THAT WE MIGHT NEED TO MAKE SOME CHANGES TO THOSE.
THAT'S THE END OF MY QUESTIONS.
DID YOU HAVE ANY QUESTIONS, MISS LUNA? YOU KNOW I WOULD.
SO YOU'RE LOOKING AT THROWING THAT ON THE FINAL MAP? AS WELL AS IN THE COA THAT RIDES WITH THE PERMIT.
YES, THAT IS A B IN BOTH PLACES.
THANK YOU. THAT'S VERY HELPFUL.
SECONDLY, ON THE STAFF REPORT, YOU HAD THE PLANNING COMMISSION SUMMARY OF WHAT THE ISSUES WERE THAT WERE RAISED FROM THE I THINK IT WAS THE JULY 17TH MEETING.
HOWEVER, YOU HAD A LINK TO THE MINUTES AND UNFORTUNATELY, I DID NOT UTILIZE THE LINK.
I KNOW IT WAS OUR CHAIRMAN, MR. [INAUDIBLE], WHO LIVES IN THE FIRST DISTRICT, AS WELL AS COMMISSIONER LAFFERTY, WHO ALSO LIVES IN THE FIRST DISTRICT.
OVERALL, THOSE ARE THE TWO COMMISSIONERS THAT VOTED IN OPPOSITION.
THERE WERE, IN FACT, FIVE COMMISSIONERS IN ATTENDANCE.
[01:50:10]
AND I TOTALLY UNDERSTAND WHY THE DEVELOPER WOULD ASK FOR A CONTINUANCE IN THAT CASE.IS IT? KATIE. YEAH, FROM FEHR AND PEERS.
IF YOU COULD HELP ME OUT A LITTLE BIT, I WAS SO USED TO LOS AND THEN WE WENT TO VMT, AND I THINK WE DID THINGS CONCURRENTLY FOR A FEW YEARS, DEPENDING ON WHERE THE STATE WAS AT. SO I KNOW WHEN I WAS ON THE PLANNING COMMISSION, WE HAD SOME PROJECTS THAT UTILIZED THE VMT.
A FEW YEARS AGO, I THINK YOU GUYS DID THE ANALYSIS ON IT, AND MY UNDERSTANDING OF VMT, THE WAY THAT IT'S INTERPRETED TODAY IS THE BEST ANALOGY I CAN USE IS HERE.
HERE WE HAVE A FOOTBALL FIELD, AND THERE'S A LOT OF A LOT OF PARTS IN HERE WHERE YOU CAN EXERCISE A LOT OF CHOICES ON THE MENU. SO SOME PEOPLE HAVE ALLEGED THAT OTHER DEVELOPERS HAVE IN YOUR ANALYSIS, HAVE MAYBE DONE MORE TOWARDS THE MIDDLE VERSUS JUST DOING THE MINIMUM.
AND I KNOW THE GUIDELINES THAT YOU'RE WORKING UNDER, I THINK THERE'S A BREADTH WITHIN THAT.
EXCUSE ME. SO THE VMT GUIDELINES THAT EXIST IN THE CITY PROVIDE STEP ONE, THE SCREENING CRITERIA.
SO ALL PROJECTS DO THAT REGARDLESS OF LAND USE TYPE THE SCREENING CRITERIA.
SOME OF THEM APPLY TO SPECIFIC LAND USE TYPES.
SO FOR EXAMPLE LOCALLY SERVING RETAIL OR LOCALLY SERVING PUBLIC FACILITIES THAT WOULD ONLY BE APPLICABLE TO THOSE LAND USE TYPES. WHEREAS PROXIMITY TO A TRANSIT STOP, SMALL PROJECT OR REDEVELOPMENT PROJECT ARE APPLICABLE TO ALL LAND USE TYPES. AND SO THAT'S STEP ONE IS TO LOOK AT THE LAND USE PROJECT THAT YOU'RE CONSIDERING, LOOK AT THE SCREENING CRITERIA AND APPLY THE CRITERIA THAT ARE GERMANE TO THAT PROJECT.
AND WITHIN THAT STEP THERE ARE DIFFERENT VMT METRICS.
SO WE CAN MEASURE VMT IN A LOT OF DIFFERENT WAYS.
THERE ARE BUT THOSE METRICS ARE WELL DEFINED WITHIN THE GUIDELINES.
AND ACTUALLY THOSE METRICS WERE ADOPTED BY COUNCIL.
AND THOSE ARE REFLECTED IN YOUR VMT GUIDELINES.
AND THE GUIDELINES JUST PROVIDE MORE CONTEXT FOR HOW YOU'RE GOING TO CARRY OUT THE VMT ANALYSIS.
SO IF YOU'RE A RESIDENTIAL PROJECT YOU WOULD ANALYZE YOUR VMT PER RESIDENT.
YOU COULD DO THAT EITHER USING A TRAVEL DEMAND MODEL, WHICH IS A BIG FANCY COMPUTER PROGRAM YOU CAN DO IT USING MAPS THAT THE CITY PRODUCES, AND THOSE ARE READILY AVAILABLE ON THE ON THE WEBSITE.
AND THEN THERE ARE SOME OTHER OPTIONS.
IF IT'S A VERY UNIQUE PROJECT, OR IF THE MAPS OR THE MODEL WOULD NOT BE APPROPRIATE TO USE.
IF YOU'RE AN OFFICE OR AN EMPLOYMENT PROJECT, YOU WOULD MEASURE VMT PER EMPLOYEE.
SIMILARLY, BIG COMPUTER MODEL CAN DO THAT.
YOU ANALYZE OVERALL REGIONAL VMT.
SO THAT'S ANOTHER METRIC THAT YOU ANALYZE DIFFERENT THAN THE OTHER TWO I MENTIONED AND SO ON.
DEPENDING ON THE LAND USE THAT YOU'RE ANALYZING, ONCE YOU GET TO THAT.
STEP TWO THE VMT ANALYSIS STEP.
SO THE METRICS THAT WE APPROVED AS A COUNCIL, DO YOU KNOW WHEN THOSE WERE APPROVED? THE. SO THEY WERE APPROVED IN 2020.
I DON'T KNOW THE EXACT TIME FRAME, BUT THE CEQA GUIDELINES REQUIRED SB743 AND VMT AS A AS A CEQA METRIC BE IN PLACE BY JULY 1ST OF 2020.
SO IT WAS WITHIN THAT TIME FRAME THAT COUNCIL.
I JUST DON'T KNOW WHICH SPECIFIC HEARING THAT WAS THAT WAS BROUGHT TO.
SO BASED ON NOW THE STATE AND US USING VMT, HAVE YOU SEEN UNDER OTHER JURISDICTIONS MAY MAYBE COME BACK AND MODIFY THEIR METRICS BECAUSE NOW WE'RE ACTUALLY HAVING REAL LIVE CASES COME BEFORE US AND NOT THEORETICAL PLANNING CASES.
[01:55:06]
SO I HAVE I MEAN, I HAVE NOT SEEN WHOLESALE CHANGES TO THE WAY THAT VMT IS BEING ANALYZED.THE OFFICE OF PLANNING AND RESEARCH DID COME OUT WITH A TECHNICAL ADVISORY WHICH COULD BE USED IF AGENCIES WANTED TO USE IT TO HELP DEFINE THEIR GUIDELINES, WHICH CARLSBAD DID USE.
OPR HAS NOT PRODUCED A NEW TECHNICAL ADVISORY.
AT THE TIME BEING, THEY'RE NOT PLANNING ON DOING IT.
BUT THEY DO OFFER FREQUENTLY ASKED QUESTIONS.
THE OTHER THING THAT DOES HAPPEN WITH CEQA IS LAW HAPPENS.
AND SO WE ARE, YOU KNOW, STILL VERY NEW WITHIN THE VMT ANALYSIS METRIC.
AND SO THERE IS NOT A LOT OF CASE LAW OUT THERE YET ON VMT.
BUT MY ASSUMPTION IS THAT OVER THE YEARS THAT WILL ALSO HAPPEN.
THERE'S BEEN LITTLE TWEAKS HERE AND THERE, AND THAT'S THE SAME WITH CARLSBAD'S VMT GUIDELINES TOO.
JUST TO HELP CLARIFY OR DEFINE WHEN QUESTIONS COME UP.
BUT THERE HAVEN'T BEEN COMPLETE CHANGES TO THRESHOLDS OR SCREENING CRITERIA OR ANYTHING LIKE THAT.
SO HAVE WE DONE SOME MINOR AMENDMENTS OR MODIFICATIONS? YOU HAVE DONE, I THINK, AT LEAST ONE SMALL AMENDMENT TO OR MODIFICATION TO THE GUIDELINES THEMSELVES TO CLARIFY, BETTER CLARIFY TOOLS AVAILABLE TO ANALYZE VMT.
BUT THERE HAVE BEEN NO CHANGES TO ANYTHING THAT THE COUNCIL HAS NOT.
SO THE, THE KIND OF MEAT OF YOUR GUIDELINES HAS NOT CHANGED.
AND ARE YOU AWARE OF ANY CASE LAW THAT HAS AFFECTED ANY OTHER JURISDICTIONS? THERE ARE KIND OF TWO CASE RECENT CASES THAT HAVE VMT IN THEM, KIND OF TANGENTIALLY.
ONE IS RELATED TO STREAMLINING WITHIN CEQA.
IS THE IS THE STATUTE WITHIN CEQA.
AND THAT ALLOWS A PROJECT THAT'S CONSISTENT WITH THE GENERAL PLAN TO UTILIZE THE GENERAL PLAN EIR.
THERE WAS NOT CLEAR DIRECTION FROM THE STATE ON WHETHER OR NOT THE CHANGE TO VMT WOULD DISALLOW USE OF 15183. THAT HAS RECENTLY BEEN CLARIFIED THROUGH CASE LAW.
THAT'S THE COUNTY OF SAN DIEGO, COUNTY OF SAN DIEGO.
AND THAT WAS IN ABOUT JUNE OF THIS YEAR THAT THAT CASE WAS DECIDED.
AND THE CASE, THE CASE LAW INDICATES THAT THAT YES, IT IS STILL APPROPRIATE TO USE 15183.
THE OTHER CASE WAS A PROJECT, AN INDIVIDUAL LAND USE PROJECT THAT HAD HAD SOME LAND USE CHANGES AND WAS RELYING ON PREVIOUS, PREVIOUSLY CERTIFIED EIR.
AND THEY HAD JUST PERFORMED A LEVEL OF SERVICE ANALYSIS TO MAKE SURE THEY WERE CONSISTENT.
AND SO THAT HELPED CLARIFY KIND OF HOW TO UTILIZE PAST CERTIFIED EIRS FOR PROJECTS COMING FORWARD.
BUT THOSE ARE KIND OF THE TWO I SAY MOST RELEVANT CASES TO VMT, THE COUNTY OF SAN DIEGO HAS PENDING LITIGATION RELATED TO THEIR ACTUAL GUIDELINES.
SO THEIR BOARD OF SUPERVISORS ADOPTED THEIR VMT GUIDELINES AND THE COUNTY IS QUITE COMPLEX IN THAT MOST OF THE COUNTY IS VERY VMT INEFFICIENT AND VERY REMOTE AND SO THEY HAD SOME SPECIAL PROVISIONS IN THEIR GUIDELINES RELATED TO THAT.
AND THEY'RE IN THE MIDDLE OF PENDING LITIGATION.
BUT HAVE NOT THE IT'S IN AN APPEALS PROCESS RIGHT NOW.
THANK YOU VERY MUCH. NEXT IS APPLICANTS OPPORTUNITY FOR
[02:00:01]
PRESENTATION FOR TEN MINUTES IF YOU CHOOSE TO, TO DO A PRESENTATION.PUT THE TIME MAYBE TO TEN MINUTES, IF YOU WOULD.
THANK YOU, MAYOR BLACKBURN AND COUNCIL MEMBERS FOR YOUR TIME THIS EVENING.
I'M PATRICK TOOLEY, AND I'M THE MANAGING PARTNER OF TOOLEY INTERESTS.
IT'S MY PLEASURE TO BE HERE TONIGHT, TOGETHER WITH OTHER MEMBERS OF THE PROJECT TEAM, TO PRESENT FOR YOU OUR VISION OF THE CARLSBAD VILLAGE MIXED USE PROJECT FOR YOUR CONSIDERATION. I FOUNDED TOOLEY INTEREST WITH AN EXPLICIT FOCUS TO CREATE WELL-DESIGNED AND VIBRANT PLACES THAT BENEFIT THE COMMUNITIES IN WHICH THEY'RE BUILT.
OVER MY 30 YEAR CAREER, I'VE BEEN INVOLVED IN DOZENS OF PROJECTS WITH A PRIMARY FOCUS IN SOUTHERN CALIFORNIA COASTAL COMMUNITIES. WE FIRST HEARD ABOUT THIS PROPERTY IN 2021, AND WE WERE EXCITED ABOUT THE TRANSIT ORIENTED OPPORTUNITY, BECAUSE WE KNOW CARLSBAD'S HISTORY OF THOUGHTFUL AND COMPREHENSIVE LONG RANGE PLANNING, AND WE UNDERSTAND THE HIGH QUALITY OF LIFE THAT THA IS AFFORDED FOR ITS RESIDENTS.
IN STUDYING THE VILLAGE AND BARRIO MASTER PLAN AND WHAT THAT PLAN ENVISIONED, IT BECAME CLEAR THAT THIS WAS A PERFECT MATCH FOR OUR SKILLS, EXPERIENCE, PATIENCE, AND OUR PASSION FOR CREATING COMMUNITY.
YOU'RE GOING TO HEAR TONIGHT A LOT ABOUT THE EXISTING CENTER.
WE APPRECIATE AND RESPECT THE CONTRIBUTIONS THAT THE BUSINESSES HERE HAVE MADE TO THE CARLSBAD COMMUNITY OVER THE LAST MANY YEARS, AND THE LOYALTY DEVOTED TO THEM BY MEMBERS OF THE AUDIENCE THIS EVENING AND THE GREATER COMMUNITY.
AND LET'S TAKE A LOOK FOR A MINUTE AT WHAT'S HERE TODAY.
THE REALITY IS THAT AFTER DECADES OF NEGLECT AND DEFERRED MAINTENANCE, LOITERING AND VANDALISM, THE RETAIL BUILDINGS THAT EXIST HERE TODAY ARE SIMPLY NOT VIABLE IN THE LONG TERM.
THAT PLAN WAS DEVELOPED OVER THE COURSE OF FOUR YEARS IN COLLABORATION WITH HUNDREDS OF RESIDENTS.
THE IMAGE IN FRONT OF YOU NOW WAS PREPARED BY THE CITY AS PART OF THAT MASTER PLAN, AND SHOWS THE PROPERTY AND AN EXAMPLE OF WHAT COULD BE DONE ON THE PROPERTY AS A REDEVELOPMENT.
WITH THIS INSPIRATION, WE APPROACH THIS AS AN OPPORTUNITY TO REVITALIZE THE PROPERTY, AS A WELCOMING GATEWAY TO THE VILLAGE AREA, AND TO DESIGN A PLACE THAT ADDRESSES THE PRIORITY OF MANY DIFFERENT COMMUNITY MEMBERS, RESIDENTS AND BUSINESSES.
AFTER WE ACQUIRED THE SITE IN 2021, WE SPENT NEARLY 18 MONTHS ENGAGING WITH KEY STAKEHOLDERS AND THOUGHTFULLY CREATING A PLAN BEFORE SUBMITTING OUR APPLICATION.
WE PROACTIVELY ENGAGED WITH EXISTING TENANTS.
SEVERAL OF THOSE TENANTS HAD LEASES THAT EXPIRED IN 2022 AND 2023.
AND WE DID SO AT SIGNIFICANT DISCOUNTS TO MARKET RENT.
HAD WE NOT EXTENDED THOSE LEASES, THE CENTER TODAY WOULD BE 80% VACANT.
SMART AND FINAL WOULD BE CLOSED.
THERE WOULD BE NO PHARMACY AND MANY OTHER BUSINESSES WOULD BE GONE.
WE FELT STRONGLY IT WAS IN THE BEST INTEREST OF EVERYONE TO KEEP THE BUSINESSES OPERATIONAL AS LONG AS POSSIBLE, AND THAT DOING SO WOULD HELP DETER FURTHER BLIGHT AND NEGLECT.
[02:05:02]
ALSO DURING THIS PERIOD WE SPENT CONSIDERABLE TIME WITH THE VILLAGE AND BARRIO MASTER PLAN.WE VISITED, WE VISITED OTHER NOTABLE PROJECTS IN THE AREA AND WE STUDIED SURROUNDING CONTEXT WITHIN THE VILLAGE, INCLUDING THE SITE'S PROXIMITY TO PUBLIC TRANSPORTATION AND TO THE FREEWAY.
WE ALSO BEGAN TO HEAR FROM THE GENERAL PUBLIC ON KEY ISSUES DURING THIS PERIOD.
WE HEARD OPTIMISM ABOUT THE FUTURE, BUT WE ALSO HEARD CONCERNS, AND WE'VE WORKED DILIGENTLY TO ADDRESS THE CONCERNS TO THE BEST OF OUR ABILITY FIRST. AND WE TALKED ABOUT IT AT LENGTH EARLIER.
THE PROJECT INCLUDES 27 DEED RESTRICTED UNITS AT THE VERY LOW INCOME LEVEL, FOLKS MAKING HALF OF THE AREA'S MEDIAN INCOME, WHO OFTEN WORK IN CARLSBAD BUT CAN'T AFFORD TO LIVE HERE.
WE STUDY THE LOCAL RETAIL MARKETPLACE TO PROVIDE APPROPRIATELY AND BEAUTIFULLY DESIGNED RETAIL SPACE THAT WOULD ACCOMMODATE A FULL SERVICE MARKET, TOGETHER WITH SPACES FOR AS MANY AS SEVEN OTHER RETAIL TENANTS.
WE SOUGHT TO BREAK UP THE MASSING THROUGH A MULTI-BUILDING APPROACH.
AND IMPORTANTLY, WE LOCATED TWO SINGLE STORY BUILDINGS ALONG CARLSBAD VILLAGE DRIVE TO AVOID THE TUNNEL EFFECT THAT WE HAD HEARD ABOUT IN OUR EARLY COMMUNITY OUTREACH AS A RESULT OF THE PROJECT ACROSS THE STREET.
PARKING, AND IT WAS TOUCHED ON EARLIER, IS CONSISTENT WITH THE VILLAGE AND BARRIO MASTER PLAN AND IS CONCENTRATED IN A SINGLE STRUCTURE, WHICH WILL BE SECURE AND MONITORED AND IS LOCATED AGAINST THE FREEWAY AS A BUFFER FROM NOISE, WHILE WE'RE ALSO DOUBLING THE WIDTH OF THE SIDEWALK ALONG CARLSBAD VILLAGE DRIVE AND PROVIDING COVERED SEATING AREAS ON THE PATIOS IN FRONT OF THE RETAIL.
AFTER NEARLY THREE YEARS OF PLANNING AND DESIGN WORK, AND IN COLLABORATION WITH THE CITY AND MANY OTHERS, WE'RE CONFIDENT THE PROJECT BEFORE YOU WILL BE A MEANINGFUL NEW ADDITION TO THIS CITY.
BUT TONIGHT'S DECISION WE DON'T BELIEVE IS ABOUT SMART AND FINAL OR ANY OTHER SPECIFIC RETAIL USE.
WE THINK IT'S ABOUT RECOGNIZING THAT THE PROPERTY AS IT EXISTS TODAY IS NOT VIABLE.
IT'S NOT VIABLE IN THE LONG TERM.
IT'S ABOUT SUPPORTING A NEW DIRECTION.
AS TOUGH AS THAT MAY BE, A DIRECTION THAT HAS A SUSTAINABLE FUTURE AND ENSURES THE PROPERTY WILL BE USED IN WAYS TO BENEFIT THE GREATEST NUMBER OF COMMUNITY MEMBERS, PEOPLE WHO WILL LIVE HERE, PEOPLE WHO WILL WORK HERE AND PEOPLE WHO WILL CONTRIBUTE TO THE EVER CHANGING VIBRANCY OF THIS CITY.
WE HOPE YOU WILL SUPPORT A PROJECT THAT WILL BRING NEW HOUSING, INCLUDING VERY, VERY NEEDED AFFORDABLE HOUSING TO THE VILLAGE AND BARRIO AREA, AND WE HOPE YOU WILL SUPPORT A PROJECT THAT WILL BE SUSTAINABLE AND CREATE A WALKABLE NEIGHBORHOOD, WILL BE SUSTAINABLE AND WALKABLE AND HAVE NEIGHBORHOOD SERVING RETAIL USES.
AND WE ASK THAT YOU VOTE YES THIS EVENING.
SIR WILL YOU PLEASE, WILL YOU REMAIN AT THE PODIUM FOR JUST A MOMENT? DO THE COUNCIL MEMBERS HAVE ANY QUESTIONS, MISS BURKHOLDER? THANK YOU.
WERE THERE ANY STUDIES DONE? AND IF SO, WHAT WERE THE FINDINGS OF THOSE STUDIES BASED ON THE HEIGHT OF FIVE STORIES? SURE. THANK YOU FOR THE QUESTION, COUNCILMEMBER.
LET ME ASK JONATHAN FRANKEL, WHO'S THE PROJECT MANAGER, TO RESPOND TO THAT? THANK YOU MAYOR, COUNCIL.
THANK YOU FOR THE QUESTION, COUNCIL MEMBER.
AND WE ACTUALLY HAVE A SECTION IN THIS THAT WAS PART OF OUR PRESENTATION.
I DON'T KNOW IF WE CAN PULL THAT UP AS A BACKUP SLIDE THAT WILL SHOW THE ELEVATION DIFFERENCE.
WE HEARD THIS CONCERN ABOUT HEIGHT AND ABOUT VIEWS.
[02:10:05]
AND SORRY, JASON, IT'S NOT THIS ONE.SO HERE, ALL OF THESE LITTLE SQUIGGLY LINES, THOSE ARE THOSE ARE CONTOURS THAT THAT REPRESENT THE DIFFERENCE IN ELEVATION BETWEEN THE PROJECT SITE AND HIGHLAND DRIVE. SO IN EXISTING CONDITION, THERE'S ABOUT 100 FOOT CHANGE BETWEEN HIGHLAND AND THE EXISTING PROJECT SITE.
WITH THE ADDITION OF THE FIVE STORY STRUCTURES, THERE WILL STILL BE A 40 FOOT DIFFERENCE IN HEIGHT.
THERE HAS BEEN SOME CONCERN ABOUT THE FIVE STORY PARKING AS WELL.
DID YOU GUYS CONSIDER SUBTERRANEAN PARKING AT ALL? YES COUNCILMEMBER, WE DID LOOK AT A VARIETY OF PARKING CONFIGURATIONS AND TO BE FRANK, COST IS THE PRIMARY IMPEDIMENT TO SUBTERRANEAN PARKING.
GROUNDWATER AND THE CONSTRUCTABILITY.
SUBTERRANEAN TRENCHING REQUIRES A LOT OF DE-WATERING AND A LOT OF OTHER COMPLICATED CONSTRUCTION TECHNIQUES THAT MAKE THOSE SPACES VERY, VERY EXPENSIVE IN THE TENS OR EVEN HUNDREDS OF THOUSANDS OF DOLLARS PER SPACE.
AND THAT WAS NOT FEASIBLE FOR THE PROJECT.
OKAY. I FEEL LIKE WHEN I SAW INITIAL RENDERINGS, THE RETAIL WAS ON THE BOTTOM.
AM I MAKING THAT UP OR AM I THINKING OF A DIFFERENT PROJECT AS OPPOSED TO IN TWO DIFFERENT LOCATIONS? SO. YEAH. THE RETAIL HERE HAS ALWAYS BEEN PROPOSED AS A STANDALONE, ONE STORY BUILDING ON CARLSBAD VILLAGE DRIVE.
WE NEVER PROPOSED A VERTICAL MIXED USE CONCEPT THAT YOU SEE ACROSS THE STREET.
IT'S ALWAYS BEEN IN SEPARATE STANDALONE BUILDINGS.
AND DO WE KNOW WHY IT WASN'T PROPOSED AS VERTICAL LIKE ACROSS THE STREET OR.
AND IF WE AS WE COULD HAVE CHOSEN TO PUT FOUR OR EVEN FIVE STORY BUILDINGS RIGHT ALONG CARLSBAD VILLAGE DRIVE, SIMILAR TO THE PROPERTY ACROSS THE STREET, THE CONCERN WAS THIS CREATION OF A TUNNEL EFFECT.
SO AS YOU COME IN, YOU WOULD YOU WOULD YOU WOULD REALLY PASS THESE TWO LARGE BUILDINGS.
AND WE WANTED TO RESPOND TO THAT BY PLACING THOSE ONE STORY BUILDINGS ALONG THE STREET.
AND THEN DO YOU HAVE AN IDEA? I SAW THAT IT WAS MARKET.
AND THEN MR. TOOLEY SAID THAT OTHERS WERE INTENDED TO BE FOOD, MAYBE FOOD OPTIONS.
BUT DO YOU HAVE ANY IDEAS ABOUT THAT? I KNOW THAT FOR A MARKET THAT IS A SMALL FOOTPRINT.
VALLEY FARM MARKET IS A GREAT EXAMPLE.
IN MY OWN COMMUNITY IN EAST COUNTY.
I FREQUENT IT VERY, VERY OFTEN.
IT'S ABOUT A 6000 SQUARE FOOT SPACE.
AND THEY'RE VERY SUCCESSFUL, AND THEY PROVIDE A FULL RANGE OF MEAT AND GROCERY AND PRODUCE OPTIONS.
PEOPLE DO THEIR THEIR ALL THEIR SHOPPING IN ONE LOCATION THERE.
AS TO THE OTHER TENANTS WE, AS MR. TOOLEY MENTIONED, WE SEE, ENVISION THAT IT COULD ACCOMMODATE SEVEN OTHER TENANTS.
RESTAURANTS GENERATE THE HIGHEST NUMBER OF TRIPS.
AND SO WE WANTED TO CONSIDER THAT POTENTIALITY.
HOWEVER, WE KNOW THAT THERE'S DEMAND.
THERE IS LOCALIZED DEMAND FOR OTHER COMMUNITY SERVICES.
YOUR DRY CLEANER, YOUR PHARMACIST, FOR EXAMPLE, OTHER STORES.
WELL, SO TO THAT END WHAT ABOUT THE EXISTING PHARMACY AND THE EXISTING BAKERY, FOR EXAMPLE? HAVE YOU TALKED WITH THEM TO DETERMINE DO THEY WANT TO STAY IN THAT SPACE? WHAT DOES THAT LOOK LIKE? YES. THERE HAVE BEEN ONGOING CONVERSATIONS WITH THE EXISTING TENANTS SINCE THE PROPERTY WAS ACQUIRED IN 2021.
THE CHALLENGE FOR MOST EXISTING TENANTS IS TWOFOLD.
THE SECOND, OF COURSE, IS COST.
NEW CONSTRUCTION IS EXPENSIVE.
RENTS WILL LIKELY BE MORE EXPENSIVE THAN THE EXISTING RENTS.
AND SO FOR SOME TENANTS THAT ALSO IS NOT FEASIBLE.
SO IS THERE A MARKET ANALYSIS ON WHAT IS A REASONABLE RATE OF RENT OR RENTING THOSE TYPES OF SPACES AND WHAT YOU'RE DEVELOPING AND I MEAN, ARE WE TALKING ABOUT A TWO FOLD INCREASE OR A FIVE FOLD INCREASE OR WHAT DOES THAT LOOK LIKE? SO I THINK THE IMPORTANT THING ABOUT A NEW SHELL, A NEW COMMERCIAL BUILDING, IS THAT IT CAN BE DEMISED IN A VARIETY OF DIFFERENT WAYS.
[02:15:02]
SO I THINK AS WE GET CLOSER TO LEASE OUT, IS REALLY WHEN WE'RE GOING TO UNDERSTAND WHAT THE DEMAND FOR THOSE USES ARE.BUT I THINK, GENERALLY SPEAKING, WE REALLY FEEL THAT NEIGHBORHOOD SERVING RETAIL USES ARE ABSOLUTELY ACCRETIVE AND A BENEFIT TO THE FUTURE RESIDENTS, NOT ONLY THE EXISTING COMMUNITY. SO WE HAVE EVERY REASON TO WANT TO MAKE THIS PROJECT AS ATTRACTIVE AS POSSIBLE.
I ABSOLUTELY BELIEVE, AND OUR PROJECT TEAM BELIEVES, THAT HAVING LOCAL SERVING USES LIKE A PHARMACY, LIKE A DRY CLEANER, THESE PLACES THAT YOU GO EVERY DAY THAT THAT WOULD ABSOLUTELY BE BENEFICIAL FOR THE FOR FOR THE PROJECT.
AND WE WILL CERTAINLY EXPLORE THOSE OPTIONS.
YEAH, I MEAN, YOU CAN IMAGINE I'M CONCERNED ABOUT THE SENIORS THAT USE THE PHARMACY, ABOUT THE FOLKS THAT WALK, THAT JUST WALK IN THE AREA AND, AND PICK UP THEIR PASTRY AND PICK UP THEIR DRY CLEANING AND GO TO THE SMART AND FINAL TO GRAB MILK.
I MEAN, THERE'S A CONCENTRATION OF SENIORS IN THAT AREA, IN PARTICULAR IN THE CITY OF CARLSBAD, WHERE WE'RE TAKING THIS IS POTENTIALLY TAKING AWAY FROM THEIR AMENITIES.
AND LOTS HUNDREDS OF EMAILS ABOUT THAT CONCERN HAVE POURED IN.
I MEAN, THAT THAT'S UNDERSTOOD.
BUT IT'S VERY IT DOESN'T HELP THE FOLKS THAT ACTUALLY USE THOSE ON A DAY TO DAY BASIS.
SO WE HAVE A LOT OF CONCERN THERE.
I HAVE A LOT OF CONCERN THERE.
I DON'T KNOW HOW THEY FEEL, BUT I HAVE A LOT OF CONCERN THERE.
AND NOT JUST THAT, BUT I MEAN, I DON'T KNOW IF YOU KNOW, BUT I THINK EVERY FIREMAN THAT RETIRES FROM CARLSBAD GOES TO THE GOLDEN T FOR THAT EVENT. IT HAS DEEP ROOTS HERE IN CARLSBAD.
AND IN ALL SERIOUSNESS, IT'S PART OF THE INSTITUTION OF THE VILLAGE.
IT'S PART OF WHO WE ARE AS A COMMUNITY.
AND SOMEONE ELSE IS I MEAN, YOU KNOW, MAYBE THEY'LL RELOCATE ANYWAY.
WE HAVE THIS FIVE STORY PARKING STRUCTURE THAT YOU'RE PROPOSING.
WILL THERE BE ACCESSED PARKING FOR NONRESIDENTS IN THE STRUCTURE? NO, THE STRUCTURE.
SO THE PARKING STRUCTURE IS INTENDED TO BE FOR RESIDENTS ONLY AND IT WILL BE SECURED.
HOW MANY STALLS ARE YOU TALKING? SO THERE'S 340 IN TOTAL, AND I DON'T RECALL OFF THE TOP OF MY HEAD EXACTLY HOW MANY WERE DESIGNATED FOR RETAIL.
I CAN FIND IT QUICKLY IN MY NOTES, BUT IT WAS A SMALL PERCENTAGE OF THE OVERALL PARKING PROVIDED.
PARKING IS MAYBE THE SECOND BIGGEST CONCERN IN THE VILLAGE BECAUSE PEOPLE CANNOT FIND PARKING.
SO I WISH I HAD BEEN ON A NEGOTIATING TEAM TO TALK ABOUT PARKING IN THAT GIANT STRUCTURE.
YOU GUYS PUT A WEBSITE UP THAT HAD SOME DETAIL ON IT, FROM WHAT I UNDERSTAND.
HOW MANY PEOPLE MADE INQUIRIES THROUGH THE WEBSITE AND WHAT TYPES OF INQUIRIES DID THEY MAKE? YEAH, SO WE HAD ABOUT 30 DIRECT INQUIRIES THAT CAME IN, ALTHOUGH THE TOTAL VISITS TO THE SITE WERE IN THE HUNDREDS.
AND SO JUST PEOPLE THAT ARE GOING THERE SPENDING A FEW SECONDS, YOU KNOW, LOOKING AT THE PAGE, READING THE INFORMATION, NOT ALL OF THOSE THAT VISIT THE PAGE ACTUALLY ULTIMATELY SUBMIT AN INQUIRY OR SUBMIT FEEDBACK.
AND GENERALLY, THAT'S AFTER THE MAILERS GO OUT OR AFTER SIGNIFICANT EVENTS IN THE PROJECT OCCUR.
WE SEE SPIKES IN IN TRAFFIC TO THE WEBSITE.
BECAUSE I'M HEARING FROM THE PUBLIC THAT THEY DIDN'T RECEIVE ANY NOTICE ABOUT THIS IN THE MAIL.
AND I KNOW THAT STAFF SAID THAT WE IT WAS SENT OUT TO WHATEVER THAT NUMBER WAS.
SO SOMETIMES OF COURSE THAT'S THE SAME PERSON.
SO THAT'S THE CITY REQUIREMENT.
WE FULLY COMPLIED WITH THAT REQUIREMENT.
WAS WIDELY DISSEMINATED ON LOCAL SOCIAL MEDIA.
MY CELL PHONE NUMBER IS POSTED THERE.
I GOT DOZENS OF CALLS IN THE IN THE DAYS AFTER THAT WAS POSTED.
[02:20:03]
THOSE MEETINGS WERE OPEN TO THE PUBLIC AND ALSO PROMOTED ON LOCAL SOCIAL MEDIA.SO I UNDERSTAND MAYBE NOT EVERYONE WAS REACHED IN THAT UNIVERSE, BUT WE DID COMPLY WITH THE CITY'S REQUIREMENTS AS TO THE MAILERS, AND WE DID RECEIVE A LOT OF COMMUNICATION ABOUT THIS PROJECT DURING THE PLANNING PROCESS.
YEAH, I CAN IMAGINE BECAUSE IT WAS KIND OF PEOPLE DIDN'T REALLY KNOW ABOUT IT.
AND A COMPLIANCE IS IS ONE THING, BUT WE KIND OF EXPECT A LITTLE MORE HERE.
AND, YOU KNOW, WHERE DID THIS COME FROM? WE DIDN'T GET A NOTICE. AND I LIVE WITHIN THE 600 FOOT COMPLIANCE AREA.
I'VE HEARD THIS IDEA ABOUT SEALED WINDOWS TO CONTAIN NOISE, AND I THINK THIS IS A CONCERN, AND I JUST DON'T KNOW WHAT THAT EVEN MEANS, BECAUSE I HAVE CONCERNS FOR FIRE AND PUBLIC SAFETY IF WE'VE GOT SEALED WINDOWS RELATIVE TO NOISE.
YEAH, I THINK THERE WAS A BIT OF CONFUSION ON THIS POINT.
TO CLARIFY, NONE OF THE WINDOW, ALL OF THE WINDOWS THAT ARE PROPOSED ARE OPERABLE.
THERE WILL NEVER BE A CLOSED WINDOW CONDITION WHERE SOMEBODY CAN'T OPEN THEIR WINDOW.
THE ANALYSIS THAT WAS DONE WAS WITH RESPECT TO NOISE.
AND SO WITH REGARDING THAT ANALYSIS, SPECIFIC ANALYSIS ABOUT MEETING THE CITY'S NOISE STANDARDS, THERE ARE SOME UNITS THAT ARE NEAR THE FREEWAY, VERY SIMILAR TO THE LOFTS PROJECT ACROSS THE STREET, FOR WHICH, IN ORDER TO MEET THE CITY'S INTERIOR STANDARD FOR NOISE, THE WINDOW WOULD NEED TO BE CLOSED.
SO IT'S A DIFFICULT QUESTION TO ANSWER ON THE SPOT.
I FEEL LIKE I WANT TO I WANT TO BE THOUGHTFUL ABOUT MY RESPONSE.
I DO THINK THAT IN THE COURSE OF PLANNING THIS PROJECT, I APPRECIATE AND UNDERSTAND VERY, VERY MUCH THE CONCERN THAT THE NEIGHBORS HAVE ABOUT THE LOSS OF THEIR RETAIL SPACES. THERE WAS A BELOVED RESTAURANT THAT I FREQUENTED CONSTANTLY THAT WAS NEAR MY OLD OFFICE.
THAT WAS AN OLD 60S 60 STYLE DINER.
AND THEY'RE TEARING IT DOWN AND PUTTING HOUSING THERE.
AND THERE IS A VIBE AND A WHOLE ATMOSPHERE AROUND IT.
SO I REALLY DO APPRECIATE AND SYMPATHIZE WITH THE CONCERNS THAT THE NEIGHBORS HAVE.
I THINK THAT THEY'RE VERY THEY'RE VERY UNDERSTANDABLE.
I THINK THAT THEY'RE HELD IN GOOD FAITH.
THAT BEING SAID, WE'RE TREMENDOUSLY PROUD OF THE PROJECT THAT WE'VE PRODUCED.
PROVIDING HOUSING IS A GOOD THING AND WE WILL NOT RUN AWAY FROM PROVIDING HOUSING.
HOWEVER, I DO, I DO SYMPATHIZE AND I DO UNDERSTAND THE CONCERNS IN THE COMMUNITY, AND WE ATTEMPTED THROUGH THE DESIGN TO RESPOND TO THAT AS DILIGENTLY AS WE COULD, UNDERSTANDING THAT THERE WAS THERE WAS NOT A LOT THAT WE COULD DO GIVEN THE DEFERRED MAINTENANCE, GIVEN THE USEFUL LIFE OF THIS BUILDING AND THE EXISTING CONDITION OF THE CENTER.
BUT FOR THE RESIDENTS THAT WILL LIVE IN THESE UNITS, THE GENERATIONAL IMPACT THAT AFFORDABLE HOUSING WILL HAVE ON THEM, WE WILL ALWAYS BE PROUD OF DOING THAT, UNDERSTANDING THAT THERE IS A LOSS AND THAT THERE IS A LOT OF CONSTERNATION ABOUT STATE LAW AND WHAT THAT MEANS FOR LOCAL COMMUNITIES.
AND WE AND WE RESPECT THAT AND APPRECIATE THAT.
AND FINAL QUESTION, AND THEN I DO HAVE FINAL REMARKS, MR. MAYOR, AND I HAVE TWO MOTIONS TO MAKE, AND WE'LL GET TO THAT LATER.
BUT THE FINAL QUESTION I HEARD, I THINK IT WAS MR. TOOLEY AND HIS PRESENTATION, SAY THAT THESE RETAIL STORES WERE GIVEN FOUR YEARS EXTENSION ON THEIR LEASES WITH A LESSER RATE THAN THE MARKET VALUE FOR RENT.
IS THAT WHAT I HEARD? FOUR YEARS NOTICE FROM WHEN WE FIRST TALKED TO WHEN WE THINK IT'S A YEAR AHEAD CONSTRUCTION. WILL YOU PLEASE COME TO COME TO THE MIC? THAT WOULD BE AWESOME. FOR THE RECORD.
JUST TO CLARIFY, THE FOUR YEARS WAS THE AMOUNT OF TIME, IF WE IF THE PROJECT WERE APPROVED AND BEST CASE, WHEN WE WOULD START CONSTRUCTION, IF YOU REWOUND THE TAPE, THE TENANTS WOULD HAVE HAD FOUR YEARS SINCE WE FIRST BEGAN TALKING TO THEM ABOUT THE POTENTIAL FOR REDEVELOPMENT AND THE REDEVELOPMENT STARTING SEPARATE THAT FROM THE LEASES TENANTS THAT HAD LEASES THAT EXPIRED IN 2022 AND 2023.
[02:25:07]
WE EXTENDED WE EXTENDED THOSE ON A SHORT TERM BASIS, INCLUDING THE MARKET, INCLUDING THE PHARMACY, INCLUDING THE HARDWARE STORE.THEY WOULD HAVE OTHERWISE BEEN OUT.
THANK YOU. AND I GUESS I JUST FIND IT CURIOUS, BECAUSE WE ALL RECEIVED AN EMAIL FROM THE PHARMACY TALKING ABOUT HOW YOU KNOW, IT'S GOING TO TAKE AWAY CARE FOR SENIORS IN THE COMMUNITY IF IT GOES AWAY.
SO I THINK IT'S JUST I THANK YOU FOR DOING THAT FOR THEM.
I SUPPOSE ON YOUR SIDE OF THINGS, THEY'VE HAD TIME TO RELOCATE OR DO WHATEVER THEY NEEDED TO DO.
BUT ON THE SIDE OF COMMUNITY, THEY ARE COMFORTABLE WHERE THEY ARE.
SO THANK YOU FOR I DON'T HAVE ANY MORE QUESTIONS FOR YOU, THE APPLICANT.
THANK YOU. COUNCIL MEMBER ANY OTHER COUNCIL MEMBERS HAVE QUESTIONS? MISS ACOSTA, GO AHEAD.
I WANTED TO PLEASE STAY AT THE PODIUM.
YEAH. I WANTED TO FOLLOW UP ON A DIFFERENT A DIFFERENT FACET OF THE PUBLIC COMMENT THAT WE HAD SEEN COME THROUGH EMAIL AND WERE INCLUDED IN THE STAFF REPORT, AND THIS ONE WAS ABOUT SOMETHING THAT YOU MENTIONED YOU WERE TALKING ABOUT, NOT BUILDING A SUBTERRANEAN PARKING BECAUSE OF THE GROUNDWATER.
THERE WAS A QUESTION ABOUT THE GEOLOGY REPORT AND HOW WE COULD POSSIBLY BUILD SUCH A TALL BUILDING IN THIS AREA WHERE THE GEOLOGY IS UNSTABLE AND THERE'S SUCH A HIGH GROUNDWATER LEVEL.
COULD YOU PLEASE RESPOND? CERTAINLY. YEAH. SO WE DO A COMPREHENSIVE AND THOROUGH GEOTECHNICAL ANALYSIS OF THE PROJECT SITE.
THAT REPORT IS SUBMITTED TO STAFF FOR REVIEW.
SO OUR GEOTECHNICAL ENGINEER EVALUATES THE CHARACTERISTICS OF THE SOIL.
WHAT TYPE OF SOIL IS THERE WHERE THE GROUNDWATER IS LOCATED, FOR EXAMPLE? AND THEN WHAT WE'RE PROPOSING THERE, LOOKING AT THE LOADS OF THE BUILDINGS.
HOW MUCH STRESS WILL THAT CAUSE AFTER YOU POUR FOUNDATIONS AND CONSTRUCT THE RESIDENTIAL UNITS? SO THE GEOTECHNICAL REPORT CONCLUDED THAT THE SITE WAS FULLY SUITABLE FOR THIS SORT OF DEVELOPMENT THAT WAS PROPOSED, AND THERE WERE NO GEOTECHNICAL HAZARDS THAT WOULD PRECLUDE OR IMPEDE THE CONSTRUCTION OF THE PROJECT AS PROPOSED.
AND I UNDERSTAND THE CEQA EXEMPTION, BUT I WONDERED IF YOU COULD SHARE SOME MORE INFORMATION ABOUT ANY ACCOMMODATIONS YOU'VE MADE FOR AIR QUALITY, CONSIDERING THAT YOU'RE RIGHT NEXT TO THE FREEWAY? SURE. SO CALIFORNIA BUILDING CODE NOW REQUIRES AND OVER THE PAST FEW CYCLES HAVE REQUIRED REALLY STRINGENT FILTRATION WITHIN RESIDENTIAL UNITS. AND SO WHAT WE DO IS WE LOOK AT THE CITIES AND THE COUNTYWIDE PUBLISHED STANDARD FOR AIR QUALITY, AND THAT'S BOTH DURING CONSTRUCTION AND ALSO DURING OPERATIONS. AND THERE'S A VARIETY OF CRITERIA POLLUTANTS, POLLUTANTS THAT WE EVALUATE.
ARE WE EXCEEDING LEVELS THAT WOULD BE HARMFUL TO HUMAN HEALTH? AND IN THE RECORD TONIGHT IS AN ANALYSIS DEMONSTRATING THAT THERE IS NO HARM BASED ON THE REQUIREMENTS OF THE CALIFORNIA BUILDING CODE.
SO THAT'S PRIMARILY AND MOST SIMPLY MERV FILTRATION WHICH MAKES SURE THAT IT FILTERS.
AND SO, YOU KNOW, THAT IS INCORPORATED INTO THE PROJECT.
AND A FEW MINUTES AGO WHEN WE WERE TALKING ABOUT THE DESIGN OF THE RETAIL AREA.
ONE SAYS RETAIL AND THE OTHER SAYS MARKET.
AND THOSE WERE THE TWO PROPOSED ONES.
BUT JUST A FEW MOMENTS AGO, I HEARD YOU, MR. FRANKEL, SAY THAT THOSE COULD BE RECONFIGURED.
SO WHAT? AND YOU SAID EVEN, LIKE, CHOPPED UP TO SMALLER UNITS, YOU KNOW, DEPENDING.
SO WHEN IS THAT DETERMINATION MADE? I THINK THERE'S A LOT OF INTEREST INTO AS TO WHAT SERVICES WOULD BE PROVIDED THERE.
THERE'S A REAL NEED FOR PHARMACY.
YOU HEARD GROCERY AND THOSE KINDS OF THINGS.
SO WHEN IS THAT DETERMINED? SURE. YEAH. WE HEAR LOUD AND CLEAR THE CONCERNS ABOUT THE LOSS OF THOSE LOCAL SERVICES.
AND I THINK IT WILL BE ABSOLUTELY OUR INTENT AND OUR MISSION TO GO AND UNDERSTAND THE FEASIBILITY, WHETHER THESE EXISTING TENANTS WANT TO RELOCATE OR WHETHER THERE ARE NEW, NEW OPERATORS THAT WISH TO COME INTO THE CENTER.
I SHOULD BE CLEAR, THOUGH, ABOUT THE THE SEPARATION OF THE SPACE.
THERE'S TWO BUILDINGS, RIGHT, 8000FT², AND THE OTHER ONE IS 5700FT².
THE TOTAL SIZE OF THOSE BUILDINGS CAN NEVER CHANGE.
AND SO THAT TOTAL FOOTPRINT WILL NOT BE CHANGING.
[02:30:02]
WHAT COULD POTENTIALLY CHANGE IS WITHIN THAT 8000FT², WE MAY DIVIDE UP THE SPACE IN DIFFERENT WAYS TO ACCOMMODATE THE NEEDS OF DIFFERENT TENANTS.AND SO THEY CAN SAY, HEY, I ONLY NEED 1000FT².
IT'S NOT A PLUG AND PLAY OUR SPACE THAT HAS 2000.
THANKS. OTHER QUESTIONS, MISS BHAT-PATEL? YES, THANK YOU AND THANKS FOR THE PRESENTATION.
I HAVE A FEW QUESTIONS AS WELL.
AND SO I KNOW WITH REGARDS TO THE COMMUNITY OUTREACH, IT WAS MENTIONED THAT THERE WERE A SERIES OF OPPORTUNITIES THAT YOU ALL TOOK IN 2022, 2023 TO DO THAT OUTREACH.
CAN YOU GO INTO WHO THOSE KEY STAKEHOLDERS WERE THAT WERE ENGAGED DURING THAT PROCESS? SURE, YEAH. AND SO, OF COURSE, IT STARTS WITH THE TENANTS.
AND SO WE WANT TO ENGAGE AND MAKE SURE THAT THEY WERE THEY WERE AWARE.
AND THERE WERE A NUMBER OF 7 OR 8 INDIVIDUALS THAT WERE THERE.
I SUBSEQUENTLY CONNECTED WITH THEM.
SO THROUGH A VARIETY OF FORUMS, MOSTLY LOCAL, LOCAL CIVIC ORGANIZATIONS, AND THEN, OF COURSE, THE RESIDENTS THAT RESPONDED EITHER TO OUR MAILER OR TO THE WEBSITE, WE ENGAGED WITH THEM AS WELL. OKAY.
AND WITH REGARDS TO I KNOW YOU MENTIONED THE WEBSITE WAS THE WAY THAT FOLKS COULD UTILIZE, YOU KNOW, A WAY TO GET IN TOUCH WITH YOU ALL. BUT THEN ALSO THAT THAT MAILER THAT WAS SENT.
AGAIN, SIMILAR QUESTION TO BEFORE BECAUSE I NOTICED A FEW PEOPLE IN THE AUDIENCE.
AND THEN OF COURSE WE'VE RECEIVED EMAILS SAYING THAT THEY DIDN'T RECEIVE IT.
I KNOW YOU EXPLAINED AS TO HOW THOSE WERE DISSEMINATED, BUT JUST CURIOUS IF YOU HAVE THE NUMBER AND THEN JUST, YOU KNOW, THE NUMBER OF, I GUESS, INQUIRIES YOU RECEIVED FROM EITHER THE MAILER.
I KNOW YOU MENTIONED THE WEBSITE AND THE TOUCH POINTS ON THAT.
SURE. YEAH. I THINK I WOULD DEFER THE QUESTION TO STAFF.
I DON'T RECALL EXACTLY. I DON'T WANT TO GIVE YOU I HAVE A BALLPARK IN MY MIND.
YES. COUNCIL MEMBER BHAT-PATEL THE MAIL OUT WAS TO 132 PROPERTY OWNERS.
CAN YOU REPEAT THAT? YOU WERE A LITTLE WAS IT 132? THAT IS CORRECT. OKAY.
OKAY. I'M JUST WRITING THIS DOWN, SO BEAR WITH ME AS I'M GOING THROUGH.
OKAY. I KNOW FOR THE OTHER OPPORTUNITIES FOR OUTREACH, YOU MENTIONED THE CARLSBAD VILLAGE ASSOCIATION AND CHAMBER MEETINGS, WHICH WERE OPEN TO THE PUBLIC.
I WOULD ASSUME, I THINK FOR THE CHAMBER MEETING.
COULD YOU DETAIL WHICH ONE THAT WAS? I KNOW THE CARLSBAD VILLAGE ASSOCIATION.
ONE WAS THE VILLAGE VOICES, WHICH I DID SEE ON SOCIAL MEDIA.
BUT I'M JUST CURIOUS ABOUT WHICH ONE THE CHAMBER MEETING WAS.
YEAH, IT WAS THE APRIL GOVERNMENT AFFAIRS MEETING AT THE CHAMBER.
THANK YOU. AND THEN A QUESTION WAS BROUGHT UP AROUND, YOU KNOW MARKET RATE AND THEN VERY LOW INCOME HOUSING THAT'S GOING TO BE PROVIDED WHEN, WHEN WE TALK ABOUT MARKET RATE, I KNOW SOMETIMES FOLKS MIGHT TAKE THAT DIFFERENT WAYS, YOU KNOW, JUST DEPENDING ON WHO IT IS. WHEN WHEN YOU'RE TALKING ABOUT IT, IS IT GOING TO BE FOR MODERATE INCOME FOLKS ABOVE MODERATE INCOME FOLKS? WHAT'S THE MIX THAT WE'RE GOING TO SEE WITH THOSE UNITS? BECAUSE I KNOW THAT WAS, I THINK, WHAT WE WERE GETTING AT WITH SOME OF THE QUESTIONS WE HAD AROUND HOW MANY ARE LUXURY APARTMENTS WITHIN THIS DISTRICT.
SO JUST CURIOUS ON WHAT THAT MIX IS GOING TO LOOK LIKE IF YOU HAVE THOSE NUMBERS.
SURE. SO RENTS WILL OF COURSE BE DEPENDENT ON THE SIZE OF THE UNIT.
SO IT'S DIFFICULT TO ANSWER THAT QUESTION COMPLETELY.
I WILL SAY, OF COURSE THE 27 UNITS WILL BE FOR VERY LOW INCOME INDIVIDUALS.
THAT'S 50% OF AREA MEDIAN INCOME AREA.
MEDIAN INCOME FOR A FAMILY IS ALSO BASED ON HOUSEHOLD SIZE.
SO A FAMILY OF FOUR VERSUS AN INDIVIDUAL.
I WILL SAY FOR THE ONE, THE ONE BEDROOM UNITS, GENERALLY SPEAKING ONE BEDROOM MARKET RENTS ARE NOT EQUAL TO THE MODERATE INCOME RESTRICTED LEVEL, BUT THEY'RE CLOSE TO IT. SO MEANING FOR A ONE BEDROOM MARKET RATE UNIT WILL BE SIMILAR IN PRICE TO A DEED RESTRICTED MODERATE INCOME UNIT, WHICH IS UP TO 120% OF AREA
[02:35:03]
MEDIAN INCOME. SO I, YOU KNOW, LUXURY THAT WORD, IT'S A CHARACTERIZATION THAT DOESN'T MEAN A WHOLE LOT WHEN YOU'RE ACTUALLY IN THE BUSINESS OF PRODUCING AND DELIVERING HOUSING.YOU KNOW, WHAT ONE PERSON THINKS IS LUXURY IS ANOTHER PERSON THINKS IS NOT LUXURY.
THE REST WILL BE SET BY THE MARKET.
BUT DEPENDING ON THE SIZE OF THE UNIT, THE RENTS MAY NOT ACTUALLY BE THAT MUCH HIGHER THAN WHAT YOU WOULD SEE IN A DEED RESTRICTED PROJECT THAT IS RESTRICTED TO 120% AMI, FOR EXAMPLE. OKAY, AND JUST TO FOLLOW ON THAT, JUST BRIEFLY, COULD YOU REMIND ME HOW MANY OF THOSE ARE ONE BEDROOM UNITS? I WOULD HAVE TO LOOK AT THE CHART.
I DON'T WANT TO SPEAK OUT OF SCHOOL AND GIVE YOU AN ACCURATE INFORMATION, BUT WE HAVE IT.
OKAY. AND THEN LET'S SEE HERE.
AND THEN IN TERMS OF ACTIVELY RECRUITING OTHER TENANTS OR TENANTS THAT ARE THERE CURRENTLY BASED ON WHAT THE INTEREST LOOKS LIKE, I'M HOPEFUL, AND I'D LIKE TO HEAR THAT YOU'D BE WILLING AND TO FILL THAT VOID THAT WE'RE GOING TO HAVE IN TERMS OF THE USES THAT WE HAVE CURRENTLY.
SO AS THE BUILDING GETS CLOSER TO COMPLETION, WE'LL THEN GO OUT AND SOLICIT TENANTS.
OF COURSE, WE CAN'T GUARANTEE THAT.
OKAY. AND MY LAST QUESTION FOR YOU IS AROUND.
I'M SURE YOU SAW WE HAD SOME CONDITIONS THAT WE MENTIONED PRESENTED TO YOU AND TO THE PUBLIC AROUND SOME OF THE CONCERNS WE'VE HEARD AND JUST WANTING TO MOVE IF WE WERE TO MOVE FORWARD, YOU KNOW, SOME OF THOSE CONDITIONS WE'D BE POTENTIALLY INTERESTED IN PUTTING FORWARD.
JUST CURIOUS WHERE YOU ALL ARE AT WITH THOSE.
WE WOULD BE HAPPY TO HAVE THOSE ADDITIONAL CONDITIONS TO ADDRESS SOME OF THESE CONCERNS.
THANK YOU. I JUST WANTED THAT ON THE RECORD.
ANY OTHER QUESTIONS FROM COUNCIL.
ALL RIGHT. FINALLY OPENING PUBLIC TESTIMONY.
I'M JUST GOING TO DO A QUICK REMINDER.
PLEASE TREAT THIS LIKE A BUSINESS MEETING.
IF YOU DISAGREE WITH SOMEBODY, JUST KEEP IT TO YOURSELF.
WHEN YOU SPEAK, I'M GOING TO MAKE OTHER PEOPLE KEEP IT TO THEMSELVES.
JUST LOOKING FOR RESPECT AND TRY TO GET THIS MEETING DONE AS PROFESSIONALLY AS WE CAN.
SO I'M OPENING THE PUBLIC TESTIMONY.
PLEASE CALL THE FIRST SPEAKERS.
AL, LARRY, I'D LIKE TO RESERVE MY QUESTION TO THE LAST.
WE'RE NOT LETTING PEOPLE DECIDE WHERE THEY'RE GOING TO BE IN THE LINEUP.
SO PLEASE, PLEASE TAKE YOUR THREE MINUTES.
WELL, I APPRECIATE THE REDEVELOPMENT OF THE AREA.
AND PROBABLY, SIR, WILL YOU PLEASE TALK INTO THE MICROPHONE SO WE CAN.
PROBABLY IS GOING TO HELP US AS WELL.
BUT DURING THIS PERIOD, I WANT TO MAKE SURE WHAT IS GOING TO HAPPEN TO OUR LOCATION.
AND PLUS THE FACT ABOUT 14 OR 13 YEARS AGO WHEN I GOT THE PERMIT TO BUILD THAT BUILDING, WE KIND OF CAME TO A CROSS, SOMETHING THAT IT WAS TO SHARE THE ENTRANCE AND GIVING THEM RIGHT TO USE OUR DRIVEWAY.
AND ALSO IT WAS A GOD PERMISSION TO JUST BE ABLE TO GO AHEAD AND USE FOR A DELIVERY TRUCK TO COME IN AND FILL THE GAS STATION, THE TANKS.
SO I LIKE TO KNOW WHAT IS GOING TO HAPPEN TO THAT.
ARE WE GOING TO HAVE ANY PROBLEM WITH THAT? OR ARE THEY GOING TO GIVE US ANY ACCESS? BECAUSE WITH THE PREVIOUS OWNERS THAT WE DID HAVE THAT YOU KNOW, CONTRACT OR IF YOU CALL IT
[02:40:07]
WITH THEM, IS THIS GOING TO HAPPEN, THE SAME THING WITH THE NEW OWNERS OR IT'S GOING TO BE DIFFERENT? THAT IS MY CONCERN, AND I HOPE THAT THEY ARE GOING TO HAVE SOME SORT OF ANSWER TO THAT.THANK YOU. I'M GOING TO DO SOMETHING A LITTLE BIT DIFFERENT.
USUALLY I WAIT TILL THE VERY END, BUT THERE'S A LOT OF SPEAKERS AND IT'S GOING TO TAKE A LONG TIME.
SO I'M GOING TO TAKE THIS A LITTLE OUT OF ORDER.
COULD YOU PLEASE ADDRESS THE QUESTION AS TO THE 711? WHAT'S GOING TO HAPPEN WITH THAT AND INGRESS EGRESS.
THANK YOU. THE SHORT ANSWER TO THAT IS THE SHARED ACCESS THROUGH THE 711 BETWEEN THE MCOS AND THE 711 BUILDING WILL BE CLOSED, BUT THERE WILL BE AN ACCESS EASEMENT THAT IS PROVIDED ON THE PROJECT SITE THAT ALLOWS FOR THE TRUCK TRUCKS TO COME INTO THE SITE AND TURN THROUGH.
THANK YOU. PLEASE CALL THE NEXT SPEAKER.
DEB BADEAUX, FOLLOWED BY KATHRYN BROWN.
I AM A RESIDENT OF CARLSBAD FOR 26 YEARS.
A SMALL BUSINESS OWNER AND FORMER CHAIRMAN OF THE BOARD OF THE CARLSBAD CHAMBER OF COMMERCE.
I WAS CHAIRMAN DURING THE TIME PERIOD THAT THE STATE WAS GOING THROUGH THE PROCESS OF IMPOSING THE REGIONAL HOUSING NEEDS ASSESSMENT REQUIREMENTS ON THE CITY OF CARLSBAD, WHICH WAS THEN FOLLOWED BY THE LONG PROCESS OF WORKING WITH COMMUNITY INPUT TO DEVELOP THE CURRENT VERSION OF THE VILLAGE AND BARRIO MASTER PLAN. THE CARLSBAD CHAMBER OF COMMERCE WAS A FIGHTING FORCE TO LIMIT THE NUMBER OF ADDITIONAL DWELLINGS THAT THE STATE GOVERNMENT WAS TRYING TO IMPOSE ON OUR SMALL CITY.
ALTHOUGH THE STATE ENDED UP MANDATING MANY, MANY MORE AFFORDABLE, LOW INCOME AND VERY LOW INCOME HOUSING UNITS THAN THE CHAMBER WAS HOPING FOR, WE DID AGREE THAT THE VILLAGE AND BARRIO MASTER PLAN, ADOPTED INTO 2019 WAS A GREAT STEP FORWARD IN DELIVERING WHAT THE COMMUNITY WANTED TO SEE. THEY WANTED TO KEEP A SMALL TOWN FEEL WITH WALKABLE ELEMENTS, WELL THOUGHT OUT PARKING OPTIONS, NEIGHBORHOOD TYPE SHOPS, SPACES THAT PROMOTE ART AND CULTURE, BUT ALSO RETAINING THE HISTORY OF CARLSBAD.
SMART AND FINAL IS NOT A BAD PLACE TO SHOP, BUT IT IS NOT A SMALL TOWN FEEL, NOR IS IT HISTORIC.
IT WASN'T THAT LONG AGO THAT IT WAS AN ALBERTSON'S IN THAT LOCATION.
THERE ARE ALSO PLANS TO WIDEN THE SIDEWALKS FOR PEDESTRIAN WALKABILITY AND OUTDOOR DINING.
AND THE FACT IS, IT'S UNAVOIDABLE FOR THIS PROPERTY TO BE REDEVELOPED.
THE PLANNING COMMISSION HAS THE BEST INTEREST OF THE COMMUNITY IN MIND.
MAYOR COUNCIL, THANK YOU VERY MUCH FOR YOUR TIME THIS EVENING.
MY DAUGHTERS GO TO SCHOOL ABOUT A MILE AWAY FROM THE SITE, AND I WANT TO BE HERE FOR THE VOICE OF CHANGE AND CHANGE IS VERY SCARY. AND YOU GUYS HAVE IT IN YOUR POWER TO SUPPORT POSITIVE CHANGE AND GROWTH FOR OUR COMMUNITY.
[02:45:01]
WE NEED MARKET RATE APARTMENTS.AND FOR EXAMPLE, LET'S LOOK AT A SMART CHANGE AND GROWTH PLAN.
AND THAT WAS BRESSI RANCH, THE KENSINGTON SQUARE PROJECT.
AND I'M LOOKING FOR YOU TO MAKE THAT IMPACT TONIGHT BY VOTING YES FOR THIS PROJECT.
BUT IF YOU GO BACK SEVEN YEARS AGO FOR EVERYONE OPPOSING KENSINGTON AND YOU GO BACK TODAY.
WE HAVE AMAZING RESTAURANTS AND COFFEE SHOPS, SPROUTS, A LOCAL MARKET.
IT SUPPORTS AN URBAN, WALKABLE COMMUNITY JUST LIKE BRESSI RANCH.
KEN LEE, FOLLOWED BY NINA ESSURE.
I'M HERE TO SUPPORT THIS PROJECT.
NOW, I GOT TO ADMIT THAT WHEN I FIRST HEARD ABOUT THIS PROJECT, IT KIND OF MADE ME SAD.
I REMEMBER GOING WITH MY FRIENDS TO STOCK UP ON SOME PROVISIONS AT THE TEXAS LIQUORS.
I REMEMBER TAKING DATES TO MIEKO SUSHI.
FAST FORWARD A FEW YEARS WHEN MY WIFE AND I MOVED TO CARLSBAD.
BUT THE UNFORTUNATE REALITY IS, IS THAT IT IS.
THIS SHOPPING CENTER IS IN DECLINE.
UNFORTUNATELY, THERE'S SOME QUESTIONABLE CHARACTERS LURKING IN THE PARKING LOTS.
POLICE ARE CALLED MORE FREQUENTLY, UNFORTUNATELY.
HONESTLY, MY DAUGHTERS DON'T REALLY CARE TO GO THERE ANYMORE.
SO THE REALITY IS SOMETHING THAT WE HAVE TO FACE.
AND I KNOW THERE'S A LOT OF OPPOSITION TO THE PROJECT, AND I UNDERSTAND THAT, YOU KNOW, IT'S WORRISOME WHEN SOME OF YOUR AMENITIES, SUCH AS YOUR PHARMACY, YOUR LOCAL MARKET CAN BE TAKEN AWAY.
AND, YOU KNOW, THE FUTURE I THINK IS A BRIGHT ONE.
SO A MARKET WHERE THERE WILL BE A SOURCE FOR PEOPLE CAN HAVE FOOD, PLACES TO EAT.
SO TAKING ALL THAT INTO ACCOUNT, I THINK THE RIGHT ANSWER IS TO GO FORWARD WITH THIS PROJECT AND TO ACCEPT THE REALITY THAT, YOU KNOW, UNFORTUNATELY, SOMETHING THAT WE ALL KNOW AND LOVE REALLY ISN'T VIABLE ANYMORE.
AND THE WAY FORWARD IS SOMETHING THAT IS FOR THE BENEFIT OF THE GREATER COMMUNITY.
MY NAME IS NINA ASBURN AND I LIVE NEARBY, SO I JUST FELT COMPELLED TO VOICE MY SUPPORT.
I THINK THE NEW DEVELOPMENTS, WHEN DONE RIGHT, CAN BE REALLY GOOD.
I BELIEVE THAT LONG TERM, LONG TERM, THIS IS FOR THE BETTER.
THE RENT IS ALREADY HIGH, SO I APPRECIATE THAT.
BRETT SCHANZENBACH, FOLLOWED BY MARY COPELAND.
GOOD EVENING, COUNCIL MEMBERS.
MAYOR. THANK YOU FOR THE OPPORTUNITY TO CHAT TONIGHT.
MY NAME IS BRET SCHANZENBACH, PRESIDENT AND CEO OF THE CARLSBAD CHAMBER OF COMMERCE.
ON BEHALF OF OUR BOARD OF DIRECTORS, I'D LIKE TO ENCOURAGE YOU TO SUPPORT THE STAFF RECOMMENDATION AND THE PLANNING COMMISSION'S APPROVAL OF THIS PROJECT AND APPROVE THE DEVELOPMENT TONIGHT.
WE KNOW THE CHARACTER OF THE VILLAGE IS STARTING TO CHANGE AND WE FEEL IT TOO.
AND IT'S BEEN MENTIONED ALREADY TONIGHT, BUT ALSO, AS HAS BEEN MENTIONED, THIS IS AN OLD, OUTDATED, RUNDOWN STRIP MALL RETAIL CENTER. AND IT REALLY TO HAVE ECONOMIC VIABILITY.
IT HAS TO EITHER BE COMPLETELY REMODELED AND UPDATED.
BUT WHEN THAT HAPPENS RENTS GO UP SIGNIFICANTLY.
[02:50:01]
HOW MANY OF THE EXISTING TENANTS WOULD BE ABLE TO AFFORD IF IT WERE MODERNIZED AND MADE VIABLE AGAIN? DON'T KNOW. WE CAN ONLY SPECULATE, BUT WE'VE ALL SEEN TENANTS IN THE VILLAGE RECENTLY WHO HAVE CLOSED BECAUSE RENTS INCREASING LIKE THE BOOKSTORE FAHRENHEIT 451, LIKE TROVE MARKETPLACE, LIKE A HANDFUL OF OTHERS THAT WE'VE SEEN VERY RECENTLY DUE TO RENTS GOING UP, HAVE HAD TO CLOSE.SO HOW MANY OF THOSE TENANTS WOULD SURVIVE? I DON'T KNOW BUT THEN THE OTHER OPTION IS EXACTLY WHAT THIS DEVELOPER IS PROPOSING.
KNOCK IT ALL DOWN AND START OVER.
SOMETHING BEAUTIFUL, SOMETHING NICE.
SOMETHING THAT WOULD HOUSING MIXED USE AS IS.
AND I KNOW THERE ARE, YOU KNOW, FOLKS THAT HAVE SOME STRONG FEELINGS TOWARDS SMART AND FINAL, BUT THERE IS PUBLIC DATA OUT THERE THAT WOULD SHOW HOW THIS IS ONE OF THE MOST UNDERPERFORMING SMART AND FINALS IN THE STATE OF CALIFORNIA, AND THAT'S AVAILABLE TO BE SEEN.
IT'S NOT LIKE SOME SECRET DATA.
IT IS A VERY LOW PERFORMING SMART AND FINAL.
AND SO, YOU KNOW, WERE IT NOT FOR THE REALLY REDUCED RATES, HOW LONG WOULD IT HAVE STAYED UNDER OTHER CONDITIONS? WOULD IT CONTINUE FORWARD? SO THAT'S A QUESTION YOU HAVE TO ASK YOURSELF.
I KNOW THE FOOD DESERT CONCEPT HAS BEEN THROWN AROUND A LOT IN THE COMMUNITY, BUT AS HAS ALREADY BEEN DISCUSSED, BEHRENDS IS OPENING IN 2025, IN THE VILLAGE AND THIS THIS PROJECT IS GOING TO HAVE A LIMITED USE MARKET AS WELL.
BUT AS HAS ALSO BEEN DISCUSSED, WE NEED HOUSING.
AND COMING FROM THE CHAMBER OF COMMERCE STANDPOINT, WE'RE BLESSED IN CARLSBAD.
IN THE LAST TEN YEARS, WE'VE ADDED APPROXIMATELY 10,000 NEW JOBS TO OUR ECONOMY, WHICH IS FANTASTIC, BUT BARELY 3000 HOUSING UNITS. SO WE NEED WORKFORCE HOUSING.
AS HAS BEEN DISCUSSED TONIGHT, WE ENCOURAGE YOU TO SUPPORT THIS PROJECT.
IT IS TASTEFULLY INFILL DONE AND WE THINK IT'S THE RIGHT THING TO DO.
GREETINGS. MY NAME IS MARY COPELAND AND I'VE LIVED IN CARLSBAD FOR THE LAST 15 YEARS.
CURRENTLY I'M AT TAVARUA, WHICH HAS 50 SENIORS IN IT.
AND WALKING TO THE PLAZA IS DEFINITELY AN OPTION.
IT WOULD BE AN EXTREME HARDSHIP FOR ME AND THE 49 OTHER PEOPLE THAT LIVE AT TAVARUA TO ARE FORCED TO SHOP AT VONS, AND YOU'RE GOING TO PUT A BEHRENDS IN THERE.
THAT'S THE MOST EXPENSIVE STORE YOU CAN PUT IN THERE.
AND THE HIGH DENSITY APARTMENTS ON HARDING ALONE, THEY'VE BUILT TWO WINDSOR POINTE UNITS WITH 40 EACH IN THEM.
THERE'S 350 UNITS AT THE END OF THE CUL DE SAC.
AND IT'S ALL AFFORDABLE LIVING.
AND IT'S ALL IN A MILE RADIUS OF OUR ELEMENTARY SCHOOL.
SUE GRAZIANO, FOLLOWED BY MARTIN DANNER.
YEAH, I'VE LIVED IN CARLSBAD FOR 30 YEARS.
THEY PACKAGED THEIR MEDICATIONS, THEY ADMINISTER VACCINES AND SUPPLY THEM.
SO WHO ARE THEY GOING TO USE WHEN THE PHARMACY GOES AWAY? HE CAN'T JUST PICK UP AND MOVE INTO THE BUILDING.
IT'S SPECIAL THINGS THAT HAVE TO BE DONE FOR THE PHARMACY AND ALL THE RESIDENTS.
WHERE ARE THEY GOING TO GO FOR THEIR MEDICATIONS? YOU KNOW, THERE'S A LOT OF SENIORS THAT LIVE IN CARLSBAD.
WHAT ARE THEY GOING TO DO, WITH NO MEDICATIONS.
WELL GOOD EVENING, EVERYBODY, AND THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU TONIGHT.
EXCUSE ME, DID YOU HAVE A GROUP PRESENTATION OR JUST A THREE MINUTE? OKAY. I'M SO SORRY. I THOUGHT YOU HAD A GROUP.
GREAT. MY NAME IS MARTIN DANNER.
I'M A RESIDENT OF DISTRICT ONE.
MY FAMILY MOVED HERE TO CARLSBAD WHEN WE.
[02:55:01]
WELL, 65 YEARS AGO, SO I'VE BEEN AROUND.BUT MY WIFE TELLS ME THAT I DON'T SMILE ENOUGH WHEN I DO PUBLIC SPEAKING.
SO I'M SMILING THIS EVENING, THOUGH, BECAUSE I'M VERY IMPRESSED WITH THE QUALITY AND THE DEPTH OF THE BREADTH OF THE QUESTIONS THAT YOU FOLKS HAVE BEEN ASKING TONIGHT. AND ON BEHALF OF THE RESIDENTS HERE, I REALLY APPRECIATE IT.
CLEARLY, YOU'VE DONE YOUR HOMEWORK.
SO I HAD SOME REMARKS ABOUT THAT.
BUT SAFE TO BE SAYING THAT YOU DO HAVE A LOT OF WIGGLE ROOM LEFT IN TERMS OF THE CONDITIONS THAT YOU CAN IMPOSE ON THIS PROJECT, AND WE HOPE THAT YOU IMPOSE THEM, YOU CAN SEE THAT WE'VE GOT A NUMBER OF CONCERNS ABOUT THE WAY THIS PROJECT WAS HANDLED.
BUT WE DID PROVIDE SOME SUGGESTED CONDITIONS OF APPROVAL AND WHICH BUTTON I'M SUPPOSED TO HIT HERE.
THERE WE GO. AND A LOT OF THESE HAVE BEEN ADDRESSED TOO, AND I'M REALLY GLAD TO SEE THAT.
NOW, ONE THING I WANTED TO POINT OUT IS THAT I JUST WANTED TO POINT OUT THE BIGGER PICTURE HERE, THAT THESE DEVELOPERS HAVE BEEN HIDING BEHIND HEAVY HANDED STATE HOUSING LAWS THAT ENACT LAWS ENACTED BY LAWMAKERS WHO THINK THEY KNOW BETTER THAN YOU DO ABOUT WHAT'S BEST FOR OUR COMMUNITY.
THESE LAWS GIVE DEVELOPERS THE UPPER HAND AND ENABLE THEM TO BYPASS OUR BUILDING CODES AND BUILD WHATEVER THEY WANT, LEADING TO HAPHAZARD GROWTH THAT WILL IMPACT OUR COMMUNITY FOR GENERATIONS.
SO I THINK THAT'S REALLY IMPORTANT.
AND JUST ONE OTHER THING TO CONSIDER.
THIS PROJECT PROPOSES TO BUILD 27 AFFORDABLE UNITS AND 191 MARKET RATE APARTMENTS.
WHILE MARKET RATE, YOU KNOW, IS A EUPHEMISM FOR EXPENSIVE.
ALL RIGHT. THERE'S NO TWO WAYS ABOUT THAT.
SO STUDIES HAVE SHOWN THAT NEIGHBORHOODS UNDERGOING SIGNIFICANT DEVELOPMENT HAVE SEEN INCREASES IN RENTS AND DECLINE IN AFFORDABLE HOUSING OPTIONS AS WEALTHIER INDIVIDUALS MOVE IN.
ORIGINAL RESIDENTS, MANY OF WHOM ARE RENTERS, ARE OFTEN PUSHED OUT DUE TO RISING COSTS.
THIS PROCESS OF GENTRIFICATION, WHEN LEFT UNCHECKED, CONTRIBUTES TO A LOSS OF CULTURAL DIVERSITY AND PUTS ADDITIONAL PRESSURE ON HOUSING MARKETS, OFTEN LEADING, OFTEN LEADING TO HOMELESSNESS AMONG DISPLACED PEOPLE.
OKAY. I THINK THAT HE IT WAS FUN WHAT HE SAID, BUT PLEASE, IT'S NOT ENTERTAINMENT.
THANKS. OUR NEXT SPEAKER IS REPRESENTING A GROUP, CHRIS WRIGHT REPRESENTING JAN NEFF SINCLAIR, DARLENE GILLIS, ROSEANNE BENTLEY AND DONNA LEINEN.
THANK YOU. GOOD EVENING, MAYOR AND COUNCIL.
I'M AS MANY OF YOU KNOW, I'M A RESIDENT OF OVER 40 YEARS IN CARLSBAD.
IN THIS CASE, BOTH SIDES OF THAT ISSUE HAVE COME TOGETHER TO OBJECT TO THIS PROPOSED DEVELOPMENT.
HOWEVER, THERE IS A POPULATION THAT IS UNABLE TO ATTEND THESE MEETINGS, AND I'M HERE TO MAINLY REPRESENT THEM VIA TESTIMONIALS THAT OUR TEAM HAS COLLECTED, BUT I'LL EXPLAIN LATER.
WE COVERED SOME OF THIS OVER THE PAST TEN YEARS.
THE STATE OF CALIFORNIA HAS STEPPED IN WITH A NEW HOUSING LAW, AND YOU SHOULD HAVE THIS AS YOUR HANDOUT THAT PRESENT OUR LOCAL GOVERNMENT FOR MAKING LOGISTICS LOGICAL DECISIONS FOR THEIR RESIDENTS.
[03:00:03]
THE DEVELOPERS CHOSEN TO USE VARIOUS STATE LAWS TO INCREASE THE HEIGHT AND DENSITY BY USING THE STATE DENSITY BONUS, FOR EXAMPLE, AND A LAW SUCH AS THE HOUSING ACCOUNTABILITY ACT HAS FURTHER ERODED LOCAL CONTROL AS I BELIEVE IN PROPERTY RIGHTS.THIS SLIDE SHOW THE CHANGES OVER TIME OF THE HHA, AND I PROPOSE TO ASK THE COUNCIL TO CONSIDER ONE OF THE ONLY EXCEPTIONS IN THE HAA CONCERNING THIS PROJECT.
STATING THE HHA DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM EXISTING EXERCISING ITS AUTHORITY TO DISAPPROVE A DEVELOPMENT PROJECT.
HERE I HAVE STATED THE LAW FOR THE COUNCIL TO CONSIDER AN EXCEPTION WHICH SPECIFIES TWO MANDATES.
I PROPOSE THIS DEVELOPMENT WILL HAVE A SPECIFIC ADVERSE IMPACT UPON PUBLIC HEALTH OF A CERTAIN VULNERABLE GROUP OF PORTION OF OUR POPULATION IN THE VILLAGE AND BARRIO. I CHOSE A POPULATION AS A SCIENTIFIC STUDY AND SOUGHT OUT OUR SENIOR POPULATION WHERE THERE IS ALREADY PROVEN INFORMATION AND VETTING.
I AM PRESENTING THE RESULTS OF THAT INFORMATION HERE.
AS WITH MY SCIENTIFIC STUDY, THERE IS NO ASSURED OUTCOME.
WE KNOW FROM THE 2020 CENSUS THAT APPROXIMATELY 3500 SENIORS LIVE IN THE VILLAGE AND BARRIO, ACCORDING TO THE STUDY BY THE COUNTY IN THE COUNTY OF SAN DIEGO IN 2018 TO 2020, THAT 11.4% OF SENIORS 65 AND OVER IN CARLSBAD LIVE BELOW THE FEDERAL POVERTY LEVEL.
ONE, TYLER COURT APARTMENTS IS OWNED BY THE CITY.
THE TOTAL NUMBER OF UNITS IN THOSE FOUR COMPLEXES IS 230.
OUR TEAM COLLECTED 40 SIGNED TESTIMONIALS, WHICH IS A SIGNIFICANT PORTION OF THAT POPULATION.
THESE SENIOR AFFORDABLE COMPLEXES WERE BUILT BEFORE THE APPLICATION FOR THIS PROJECT WAS SUBMITTED.
HERE IS A BLANK COPY OF THE TESTIMONIAL HANDED OUT TO THE SENIORS.
IT HAS A PLACE FOR THE SENIOR TO SIGN AND DATE AND A PLACE AT THE BOTTOM FOR A WITNESS.
WITHIN THIS DOCUMENT, THERE WERE QUESTIONS ABOUT SHOPPING AT THE PLAZA, ACCESS TO A CAR AND COMPUTER WITH INTERNET, ALONG WITH A PLACE TO EXPLAIN, IF ANY, IF ANY, AND WHY THEY WOULD EXPERIENCE A HARDSHIP IF THE VILLAGE PLAZA IS TAKEN AWAY FROM THEM.
IT'S KIND OF HARD TO USE THIS.
JEFFERSON HOUSE ONE AND TWO AND TAVORA APARTMENTS, WITH THE NUMBER OF UNITS BELOW PLUS THEIR LOCATION RELATIVE TO THE VILLAGE PLAZA AND TYLER STREET.
COURT RESULTS. SORRY I SUBMITTED THIS SLIDE BY YESTERDAY'S DEADLINE, BUT WE OBTAINED MORE TESTIMONY.
TESTIMONIALS. SINCE IN TOTAL WE RECEIVED 40 TESTIMONIALS IN ALL SIGNED WITHIN ONE WEEK.
THE REVISED DATA FOR TYLER COURT IS SEPARATED DUE TO THE FACT THAT IT IS CITY OWNED.
I HAVE 19 TESTIMONIALS WITH ALL SENIORS STATING THAT THEY SHOP AT SMART AND FINAL.
RESIDENCY IS BETWEEN SEVEN MONTHS AND NEW, SEVEN MONTHS AND 20 YEARS, WITH SEVEN OUT OF THE 19 FROM THE SURVEY. IT'S NOT A SURVEY, IT'S A TESTIMONIAL.
AN ADDITIONAL RESIDENT IS THINKING OF SELLING HER CAR.
11 OUT OF 19 HAVE A COMPUTER WITH INTERNET AND ONLY ONE HAS EVER ORDERED GROCERIES ONLINE.
ANOTHER 11 OUT OF 19 BELONG TO AN ORGANIZED FOOD PROGRAM SUCH AS EBT OR FOOD STAMPS.
SOME COMMENTS INCLUDED THAT THEY WERE CONCERNED ABOUT HIGHER COST OF A NEW GROCERY STORE.
OR MANY SAID THEY WERE AFRAID OF DRIVING OR WALKING ACROSS THE TAMARACK BRIDGE TO GO TO VONS.
MANY ARE DISABLED AND RELY ON WALKING TO THE PLAZA.
WE KNOW THAT 68 OUT OF 75 SENIORS IN THIS FACILITY LIVE ALONE.
[03:05:06]
21 DO NOT HAVE A CAR.13 OUT OF 21 HAVE A COMPUTER WITH INTERNET AND 16 OUT OF 21 HAVE NEVER ORDERED GROCERIES ONLINE.
THIS GROUP CONCERN IS CONCERNED ABOUT HIGHER COST IF PURCHASED ELSEWHERE.
DELIVERY FEES AS THEY ARE ON A FIXED INCOME COST OF GAS.
MANY LIKE THE SHORT LIKE THE SHORT DISTANCE TO THE PLAZA.
ONE STOP SHOPPING, A PLACE FOR SOCIAL GATHERING AND MANY WALK TO THE PLAZA.
WE DO KNOW THAT AS SENIORS AGE, DRIVING ABILITIES DECLINE AND DRIVING PRIVILEGES ARE TAKEN AWAY.
WE KNOW THAT SEVERAL BILLS HAVE COME UP THIS YEAR TO ADDRESS THIS PROBLEM.
SB FOUR 1419, AB 2090, AB 1961 AND SB 1089.
IN FACT, ONE OF OUR GROUP MEMBERS DID A COMPARISON WITH OTHER FOOD MARKETS.
HERE IS THE DATA TAKEN IN MAY OF THIS YEAR SHOWING COMPARING TYPICAL GROCERY STORE ITEMS SUCH AS EGGS, APPLES, GROUND BEEF AND LETTUCE FOR EXAMPLE, ANOTHER STORE, VALLEY FARMS, WAS ALSO CHOSEN AS A COMPARISON, BUT THE DATA SHOWS THAT COMPARED TO SMART AND FINAL CARLSBAD, THE POINT LOMA BEHRENDS IS APPROXIMATELY 19% HIGHER IN COSTS.
CONCLUSIONS TESTIMONIALS ARE MEANT TO BE LEGAL DOCUMENTS WITH A WITNESS SIGNATURE.
WE FOUND AS A TOTAL OF THE 40 TESTIMONIALS THAT 11 OUT OF 40, WHICH IS 27.5%, HAVE NO CAR.
16 OUT OF THE 44% HAVE NO COMPUTER WITH INTERNET AND 22 OUT OF 40, WHICH IS 55% BELONG TO A FOODSTAMP REDUCED COST PROGRAM.
I ASKED THE COUNCIL TO DENY THIS PROJECT AND TO SUPPORT OUR VULNERABLE SENIOR POPULATION WHO ARE ON FIXED INCOMES AND WILL SUFFER HARDSHIP IF THIS PLAZA GOES AWAY. MANY CANNOT SPEAK FOR THEMSELVES OTHER THAN HERE WITH THESE TESTIMONIALS, AND TO ME IT WAS ASTOUNDING THAT SO MANY WERE WILLING TO SIGN THESE TESTIMONIALS GIVEN THE ONE WEEK WE HAD THIS TESTIMONY.
MORE DOCUMENTATION CAN BE COLLECTED IF THE COUNCIL WISHES FOR MORE EVIDENCE.
WE HAVE ANOTHER GROUP, STEVE LINKE SPEAKING, REPRESENTING KENNETH LANGAN AND ANDRE ALEXANDER.
GOOD EVENING, STEVE LINKE, CARLSBAD, WON'T SURPRISE YOU TO KNOW I'M GOING TO BE TALKING ABOUT VMT.
FIRST, SOME COMMON SENSE ABOUT VMT.
LOCAL SERVING RETAIL STORES LIKE THE CURRENT PLAZA OR VMT REDUCING BECAUSE THE MORE STORES YOU HAVE SCATTERED AROUND, THE LESS DISTANCE PEOPLE HAVE TO DRIVE. THE PROJECT WILL ELIMINATE NEARLY 80% OF THIS LOCAL RETAIL SQUARE FOOTAGE, FORCING CURRENT CUSTOMERS TO TRAVEL FARTHER ON AVERAGE TO SUBSTITUTE STORES, LEADING TO MORE VMT, AND THIS IS NOT BRESSI RANCH.
THERE'S ONLY A TOKEN AMOUNT OF RETAIL HERE.
SO COMMON SENSE TELLS US THAT THE PROJECT WILL INCREASE VMT SIGNIFICANTLY, AND IT SHOULD BE SENT BACK FOR A PROPER VMT STUDY, OR AT THE VERY LEAST, COUNCIL SHOULD IMPOSE ADDITIONAL REQUIREMENTS RELATED TO VMT, WHICH ARE ALLOWED AS LONG AS THE NUMBER OF UNITS IS NOT DECREASED AND THE PROJECT REMAINS FEASIBLE.
OUR KEY DOCUMENTS GUIDING VMT ANALYSIS INCLUDE ONE FROM OPR THAT'S BEEN DISCUSSED, AND CARLSBAD'S OWN VMT ANALYSIS GUIDELINES, WHICH INCORPORATES THE OPR GUIDANCE. I HAVE 13 YEARS OF EXPERIENCE WITH TRAFFIC STUDIES IN CARLSBAD, SERVED ON THE TRAFFIC COMMISSION WHERE I SPEARHEADED THE REVIEW OF OUR VMT GUIDELINES.
I ALSO RECENTLY MET WITH THREE PROFESSIONALS FROM OPR.
[03:10:01]
AND ALL OF THESE INDIVIDUALS AGREE WITH MY ASSESSMENTS OF HOW THE VMT WAS DONE ON THIS PROJECT.INSTEAD, OPR RECOMMENDS ANALYZING EACH USE SEPARATELY.
UNQUOTE. CONSISTENT WITH THAT, CARLSBAD'S GUIDELINES SAY QUOTE PER OPR, VMT ANALYSIS FOR MIXED USE PROJECTS WOULD BE CONDUCTED BY ANALYZING EACH INDIVIDUAL LAND USE INDEPENDENTLY, UNQUOTE.
AND THE GUIDELINES THEN SET THE FOLLOWING REQUIREMENT FOR THE SCREENING PROCESS.
FOR PROJECTS WITH MULTIPLE LAND USES, PERFORM A SCREENING ASSESSMENT AND CREATE A SCREENING ASSESSMENT TABLE FOR EACH LAND USE SEPARATELY, UNQUOTE. THE PROJECT DID NOT DO THIS.
THAT QUESTION ALONE IS ONE THAT YOU SHOULD ASK.
THAT SHOULD DISQUALIFY THE WHOLE STUDY.
INSTEAD, THEY COMBINED THE LAND USES.
AND USING THAT MAP, THE PROJECT IS IN A ZONE THAT IS 95% OF THE CITY AVERAGE FOR VEHICLE MILES TRAVELED, AND THAT IS 10% HIGHER THAN THE 85% CEQA TARGET, INDICATING A SIGNIFICANT VMT IMPACT AND THE NEED TO MITIGATE THAT DOWN TO 85%.
THE DEVELOPER AVOIDED REPORTING THIS SIGNIFICANT RESIDENTIAL VMT IMPACT BY INAPPROPRIATELY COMBINING THE RESIDENTIAL AND RETAIL LAND USES IN ITS SCREEN, AND THEN USED A NET VMT CHANGE CALCULATION INSTEAD OF THE MAP THAT IS NOT SUITABLE WHEN YOU'RE INCLUDING VMT REDUCING LAND USES LIKE LOCAL RETAIL AND WORST OF ALL, THE INAPPROPRIATELY CALCULATED A 46,000 MILE PER DAY SUBTRACTION FOR MILEAGE THAT'S GOING TO THE EXISTING STORES THAT ARE BEING DEMOLISHED, MILEAGE THAT WILL NOT DISAPPEAR WITH THE PROJECT, BUT RATHER THE PROJECT IS JUST DIVERTING THOSE MILES TO OTHER STORES IN THE SURROUNDING AREA.
I'M GOING TO SKIP THAT SLIDE BECAUSE WE'VE ALREADY DISCUSSED IT.
SO BEYOND THE FACT THAT THE NET CHANGE METHOD IS NOT APPROPRIATE FOR THIS PROJECT, THE GUIDANCE CLEARLY INDICATES THAT WHEN THAT METHOD IS USED, VMT NEEDS TO BE ASSESSED ON AN AREA WIDE BASIS.
HERE'S THE GUIDANCE FROM OPR AND HERE FROM THE CARLSBAD GUIDELINES.
REMOVING CORE SERVICES SUCH AS A GROCERY STORE IN GENERAL, NEEDS AND SERVICES NEEDS TO BE ANALYZED ON AN AREA WIDE BASIS, NOT ON A PROJECT SITE BASIS LIKE IT'S BEEN PRESENTED. STAFF HAS JUSTIFIED THIS WITH THE ABSURD CLAIM THAT ALL OF THE SUBSTITUTE STORES IN THE SURROUNDING AREAS WILL BECOME RESPONSIBLE FOR THOSE 46,000 DIVERTED MILES USING THIS PRETZEL LOGIC, THEN, ANY TIME A LOCAL RETAIL IS REPLACED WITH RESIDENTIAL, A HUGE FAKE NET VMT REDUCTION CAN BE CLAIMED BY THE PROJECT AND ALL OF THE DIVERTED MILEAGE WILL BECOME UNACCOUNTABLE BECAUSE IT WILL BE PIECEMEAL TO MANY OTHER SUBSTITUTE STORES, FOR WHICH THERE IS NO WAY TO PRACTICALLY OR LEGALLY MAKE THEM RESPONSIBLE.
THIS IS ONE OF STAFF'S BACKUP SLIDES TO COUNTER THE ARGUMENT I JUST MADE, BUT AGAIN, THEY FOCUS ONLY ON THE PROJECT SITE INSTEAD OF AREA WIDE OR THE IMPACTS OF DIVERTING CORE SERVICES. ALSO LOOK AT THE VERY AT THE FIRST PHRASE IN THE BOX AT THE TOP IT SAYS WHERE A PROJECT REPLACES EXISTING VMT GENERATING LAND USES. WELL LOCAL SERVING RETAIL THAT IS A VMT REDUCING LAND USE, WHICH IS AGAIN MAKES THIS ANALYSIS INAPPROPRIATE.
ONE APPLIES IF THERE IS EVIDENCE THAT THE PROJECT WILL STILL GENERATE SIGNIFICANT LEVELS OF VMT, AS I PREVIOUSLY DISCUSSED, AND THE OTHER IS WHEN THE PROJECT INCLUDES HIGH LEVELS OF PARKING, WHICH CAN MINIMALLY BE DEFINED AS IN THE GUIDANCE QUOTE.
MORE PARKING FOR USE BY RESIDENTS, CUSTOMERS AND EMPLOYEES THAN REQUIRED BY THE CITY.
UNQUOTE. SO HERE'S THE TABLE FROM THE FROM THE STAFF REPORT.
[03:15:06]
IT SHOWS THAT SORRY.THE CITY ONLY REQUIRES 110 SPACES FOR THE RESIDENTIAL COMPONENT, COMPARED TO 284 SPACES BEING PROVIDED IN THE FIVE STORY PARKING GARAGE, AND 48 ARE REQUIRED FOR COMMERCIAL, COMPARED TO THE 56 BEING PROVIDED.
OKAY. THIS IS ANOTHER STAFF BACKUP SLIDE TO COUNTER MY ARGUMENT.
IT ALSO HAS MORE PARKING THAN REQUIRED BY THE CITY, AND IT WILL BE CLAIMING THE TRANSIT VMT SCREEN.
IF WE FAIL TO PROPERLY ENFORCE SEQUEL LAWS.
THE 85% CEQA VMT THRESHOLD WILL BE AN ABSOLUTE JOKE THAT ONLY EXISTS ON PAPER.
I'M SURE THAT DEVELOPERS ARE LICKING THEIR CHOPS AT ALL OF THE SITES THAT ARE WITHIN A HALF A MILE OF TRANSIT, AND THEN OVERBUILD THE PARKING AND COMPLETELY DEFEAT THE PURPOSE OF CALLING THEMSELVES A TRANSIT ORIENTED DEVELOPMENT.
ULTIMATELY I THINK, THOUGH, THAT WE WOULD PREFER THAT THE LOTS JUST BE COMBINED INTO ONE.
THERE'S NO REASON TO HAVE TWO SEPARATE LOTS.
IF THIS IS TRULY A MIXED USE DEVELOPMENT, THEN JUST COMBINE IT ALL INTO ONE LOT AND ADD THE CONDITION OF APPROVAL THAT IT NEEDS THAT THE COMMERCIAL NEEDS TO BE DEVELOPED AT THE SAME TIME, BUT COMBINE IT INTO ONE LOT.
THAT'S WHAT YOU DID WITH HOPE APARTMENTS ACROSS THE STREET.
I DON'T SEE ANY REASON WHY THAT CAN'T BE DONE.
WE'VE SUBMITTED LISTS WITH SUGGESTIONS FOR CONDITIONS OF APPROVAL.
SOME EXAMPLES ARE UNBUNDLING THE PARKING COSTS FROM RENT TO INCENTIVIZE LESS VEHICLE OWNERSHIP, REQUIRING A CAR SHARE PROGRAM REQUIRING FREE OR SUBSIDIZED TRANSIT PASSES. YOU THINK WE'VE ALREADY DESIGNATED THAT THE PARKING STRUCTURE CAN ONLY BE USED BY RESIDENTS? AND IN ADDITION, WE WOULD HOPE THAT YOU CAN IMPOSE SOME DESIGN CHANGES THAT WOULD HELP REDUCE THE HEIGHT OF THE BUILDINGS.
JEAN ISABEL, FOLLOWED BY HEATHER SAGER.
GOOD EVENING. IT'S BEEN A LONG NIGHT SO FAR.
AS A SENIOR, I'M ADAMANTLY OPPOSED TO THE PROPOSED REDEVELOPMENT, ELIMINATING 12 SMALL BUSINESSES AND REPLACING THAT WITH FIVE STORY TALL APARTMENT BUILDINGS.
WE DON'T HAVE A HOUSING CRISIS.
WE HAVE A AFFORDABLE HOUSING CRISIS.
AND WE ALSO HAVE A, I THINK, OVERBUILD CRISIS.
THE SENIORS THAT CHRIS MENTIONED, I DID A LOT OF THOSE TESTIMONIALS I WENT TO JEFFERSON HOUSE TOO, I'VE SPOKEN TO A LOT OF THE SENIORS THAT ARE PRESENT HERE TONIGHT AND THE COMMENTS THAT I HEARD WERE, LIFE IS ALREADY HARD, PLEASE DON'T MAKE IT ANY HARDER.
I HEARD, WHAT AM I GOING TO DO? I WALK THERE FOR ALL I NEED THE PHARMACY, THE GROCERY, A LOT OF SENIOR WOMEN SAID THEY LIKE TO GO THERE FOR SHOPPING, FOR SOCIAL, TO GO TO THE BAKERY.
WHERE ELSE CAN I DRIVE A SHORT DISTANCE TO GET WHAT I NEED? AND ANOTHER COUPLE SAID, WE MOVED FROM ANOTHER PART OF CARLSBAD TO THE VILLAGE WHERE WE CAN WALK TO GET EVERYTHING THAT WE NEED.
DO YOU HEAR THEIR ANXIETY? IT IS EVERYWHERE.
PROVERBS 1225 SAYS, ANXIETY IN THE HEART OF A MAN CAUSES DEPRESSION, BUT A GOOD WORD MAKES IT GLAD.
SENIORS, ESPECIALLY LOW INCOME.
SOME HAVE CHRONIC PAIN LEADING TO IMMOBILITY AND ISOLATION.
[03:20:02]
THE VILLAGE PLAZA IS THE ONE PLACE THEY CAN WALK OR DRIVE A SHORT DISTANCE, EVEN IN A GOLF CART, TO GET THEIR NECESSITIES AND SOCIAL INTERACTION, CREATING CONNECTEDNESS AND COMMUNITY, WHICH IMPROVES QUALITY OF LIFE, HEALTH AND LONGEVITY.IT'S THE HUB FOR THE VILLAGE BARRIO NEIGHBORHOODS AND LIKE WE HEARD, MAYOR BLACKBURN, A WATER WELL IN AN AFRICAN VILLAGE, CREATES A HUB OF WHAT CAN TAKE PLACE AROUND IT AND WITHOUT WITH IT THE VILLAGE THRIVES AND WITHOUT IT, IT DIES.
I HAVE LIVED IN THE VILLAGE SINCE 1975.
THEY'VE GONE THROUGH SCHOOL HERE.
THEY'VE EVEN GONE THROUGH SCHOOL WITH YOUR KIDS.
MAYOR. I'VE RAISED MY FAMILY HERE AND LIKE SO MANY OF US, I HAVE AGED HERE AND BECOME A SENIOR CITIZEN WITH HEALTH PROBLEMS. HOW LUCKY I AM TO HAVE LIVED IN THE VILLAGE, BECAUSE I CAN DRIVE MY CAR AROUND TO THE POST OFFICE, OVER TO THE BANK, AND THEN OVER TO THE SPARTANS FINAL PLACE, PICK UP MY MEDICATIONS FROM THE PHARMACY, VISIT WITH SOMEBODY FROM THE BAKERY AND GET EVERYTHING I NEED AT THE HARDWARE STORE. THIS WILL BE A BIG DEAL TO ME IF THIS IS TAKEN AWAY, AND IT'S NOT LIKE I'M NOT A PROGRESS PERSON. I THINK ALL OF US THAT LIVE AS LONG AS WE DO ARE PROGRESS PEOPLE.
WE MAYBE THERE'S OTHER SOLUTIONS.
I WAS HOME ALL DAY AND ONE EVENING IT WENT DOWN.
TWO TIMES IT CAME UP PAST WHERE I AM AND THE REST OF IT WENT DOWN CARLSBAD VILLAGE DRIVE.
WHAT'S GOING TO HAPPEN DURING THE BUILDING? THAT'S A BIG DEAL.
I JUST HAD A PROJECT FINISHED OR JUST ABOUT FINISHED ACROSS THE STREET FROM ME.
TWO YEARS OF MUD, DUST, REALLY LOUD NOISES.
SO ALL OF THE NEIGHBORS AROUND ARE GOING TO GET THAT.
IF THE VILLAGE IS ALREADY INTACT, LEAVE IT AND JUST SPRUCE IT UP A BIT.
I JUST CAN'T SEE THIS OTHER WAY HAPPENING AND IT'S A PRETTY PLACE.
ANYWAY, THAT'S WHAT'S HAPPENING WITH ME, AND I KNOW THAT IT'S HAPPENING WITH OTHER PEOPLE BECAUSE I'VE LIVED HERE SO LONG AND I KEEP RUNNING INTO OTHER PEOPLE THAT HAVE MAYBE SOME PROBLEMS. I JUST ASK YOU TO STAND UP WITH US FOR A LITTLE WHILE, OR JUST TAKE SOME MORE CONSIDERATION AS TO WHAT'S GOING ON.
THE RIGHT THING IS NOT ALWAYS THE EASIEST THING TO DO.
AND SO MAYBE A LITTLE MORE TIME OF CONSIDERATION AND WAYS WE CAN FIX THIS.
THANK YOU. DEBORAH MILLER FOLLOWED BY PENNY JOHNSON.
YOU SAID DEBORAH MILLER, YES? THANK YOU. OKAY.
I LIVED IN CARLSBAD SINCE 2016, SO I'M KIND OF A NEWBIE.
A LOT HAS BEEN PRESENTED, A LOT OF REALLY GOOD QUESTIONS.
SO I'M GOING TO JUMP AROUND FROM WHAT MY PREVIOUS PRESENTATION WAS.
SO 132 LETTERS WERE SENT OUT, 0.11 MILES, 600FT.
OF THOSE, 132, NINE OF THEM WENT TO THE CITY OF CARLSBAD.
REMARKABLY, THERE WERE ONLY 17 ADDRESSES IN THAT LIST THAT COULD BE READILY IDENTIFIABLE.
IDENTIFIED TWO SPECIFIC ADDRESSES.
[03:25:02]
ALL THE OTHER ADDRESSES WENT TO TRUSTEES IN SOME IN SOUTHERN CALIFORNIA, LESS THAN 50%, SOME IN OTHER PLACES IN THE UNITED STATES.SO VERY, VERY FEW ACTUALLY WENT TO THAT PARTICULAR NEIGHBORHOOD.
IT DOESN'T MEAN THEY DIDN'T GO TO THE RIGHT PEOPLE.
IT DOESN'T MEAN IT WENT TO THE RIGHT PEOPLE.
ABSENTEE OWNERS MAY OR MAY NOT HEARD OF THIS, HAVE HEARD OF THIS PROJECT? I'VE MET ANY NUMBER OF BUSINESS OWNERS AND RESIDENTS THAT VISIT THESE THIS AREA AND THEY'RE SURPRISED. ADDITIONALLY, ON THE NOTIFICATION, THE PROJECT NOTICE WAS PLACED ON THE DEFUNCT MEIKO SUSHI BUILDING, THE ONE THAT HAD A FIRE ONLY A FEW DAYS BEFORE THE PROJECT, BEFORE IT WAS ANNOUNCED THAT THE OWNERSHIP HAD CHANGED TO THIS OWNER.
THAT SIGN IS LESS THAN 200FT AWAY FROM THE FAR EAST PROPERTY LINE.
THERE IS NO SIGHTLINE TO THAT FROM ANY OF THE ENTRANCES.
I'LL ASK ALL OF YOU WHEN YOU GO HOME.
IF YOU HAVEN'T ALREADY GONE TO THIS SITE, YOU CAN'T SEE IT.
SO HAD THE PUBLIC HAD MORE OPPORTUNITY, WE WOULD HAVE BEEN ABLE TO INFLUENCE THE DESIGN AND WE DIDN'T HAVE THAT. SO WE WENT FROM 123.
WE WENT FROM A FEW LETTERS TO ONLY A FEW PEOPLE TO A BLACK BOX TO CEQA, AND THEN WE HAVE TEN DAYS.
WE HAD NO NOTIFICATION, OTHERWISE NO ACCESS TO DOCUMENTS.
ZERO. THEN WE WENT FROM THAT BLACK BOX TO THE PLANNING COMMISSION MEETING.
YOU GAVE US NOTHING AND YOU LET US DOWN.
GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS.
MY NAME IS PENNY JOHNSON, AND I'VE BEEN A RESIDENT OF CARLSBAD FOR 47 YEARS.
WHEN I GOT HERE, IT WAS THE CHARMING VILLAGE BY THE SEA THAT.
THAT. WE CAN'T GO BACK TO THAT.
BUT IT SEEMS LIKE WE'VE MADE A HUGE JUMP, AND CERTAINLY IT'S NOT A VILLAGE ANYMORE.
AND I THINK A LOT OF US FEEL EXCLUDED IN ALL OF THE PLANNING THAT'S GOING ON.
BECAUSE WHAT ARE THE CITIZENS THAT ARE THAT ELECTED YOU? WHAT ARE THEY GOING TO FEEL BECAUSE OF ALL OF THE MONEY AND INFLUENCE THAT'S GOING TO GO INTO THIS PROJECT.
SOMEONE'S MAKING A LOT OF MONEY, AND WHEN DEVELOPERS COME INTO TOWN, THEY HAVE YOUR EAR, BUT THEY DON'T REALLY LET US KNOW WHAT'S HAPPENING UNTIL IT'S TOO LATE TO REALLY GET TOGETHER AND DO ANYTHING.
I FEEL EXCLUDED, AND I THINK A LOT OF PEOPLE DO, ESPECIALLY PEOPLE THAT USE THAT SMART AND FINAL AND THAT PLAZA.
I WOULD HOPE THAT SOMETHING COULD HAVE BEEN DONE WITH THE PLAZA TO KEEP THOSE BUSINESSES THERE.
A FACELIFT WOULD BE GREAT, BUT TO DENY PEOPLE WHAT THEY NEED FOR THEIR LIFE, I DON'T THINK IS TAKING INTO CONSIDERATION ALL OF YOUR CONSTITUENTS.
NO, WE CAN'T HOLD UP THESE LITTLE SIGNS.
BELIEVE ME, THERE'S NOTHING INTERESTING UP HERE TO SEE.
SO WHY CAN'T WE AT LEAST DO THAT? I THINK DEMOCRATIC DISCOURSE WOULD SAY WE SHOULD AT LEAST BE ABLE TO HAVE THE SIGNS.
GOOD POINT. TYLER COLLINS, FOLLOWED BY ROBERT MEDINA.
[03:30:07]
ALL RIGHT. GOOD EVENING EVERYONE.MY NAME IS TYLER COLLINS AND I'M RUNNING FOR CARLSBAD CITY COUNCIL DISTRICT TWO.
SO I HAVE A SIMPLE QUESTION FOR CITY COUNCIL HERE TONIGHT.
WHAT HAPPENED TO GROWTH MANAGEMENT? WHAT HAPPENED TO THE VALUES OF GREAT CARLSBAD LEADERS LIKE BUD LEWIS AND MATT HALL? BECAUSE I DON'T SEE IT HERE.
FAMILY OWNED BUSINESSES AND RESTAURANTS ARE THE HEART OF CARLSBAD VILLAGE.
BUT NOW, FIVE STORIES, FIVE STORIES, RIGHT IN DOWNTOWN REPLACING THE SMART AND FINAL CENTER.
COUNCIL. WITH ALL RESPECT, I HAVE TO SAY YOU'RE DESTROYING CARLSBAD ONE BLOCK AT A TIME.
SO I UNDERSTAND THE CITY COUNCIL AND THEIR LIKELY VOTE.
YOUR HANDS ARE TIED BECAUSE OF THE LAWS AND RESTRICTIONS IMPOSED UPON YOU BY SACRAMENTO.
BUT WHY WASN'T THIS ADDRESSED BY THE CITY COUNCIL YEARS AGO? WHY WEREN'T WE FIGHTING THIS BATTLE? HOW DID WE LET IT GET TO THIS POINT? SO, I THINK THE CITY COUNCIL NEEDS TO DO MORE THAN JUST ACCEPT THE FATE THAT SACRAMENTO HAS DEALT US.
SO CITIZENS, VOTE FOR ME THIS NOVEMBER, AND I PROMISE TO FIGHT FOR CARLSBAD.
I WANT TO MAKE CARLSBAD THE SIXTH CITY IN THE LAWSUIT AGAINST SB NINE.
AND IF YOU WANT TO BRING BACK GROWTH MANAGEMENT, IF YOU WANT TO BRING BACK THE VALUES OF THE OLD CARLSBAD, THEN VOTE FOR ME, TYLER COLLINS, THANK YOU. GOOD EVENING, MY NAME IS ROBERT MEDINA.
MY VIEW WILL BE PARTIALLY BLOCKED, BUT I GUESS THAT'S JUST PART OF THE SHOW.
I WANTED TO TALK ABOUT A FEW THINGS.
I WONDERED IF STAFF OR EVEN COUNCIL ACTUALLY SPOKE TO THE STATE REPRESENTATIVES, STATE ATTORNEY GENERAL, AFFORDABLE HOUSING, DEVELOPMENTAL SERVICES, OR EVEN CALTRANS AS I DID.
DID YOU TALK TO ANYONE? YOU DID. OKAY.
I ACTUALLY SPOKE WITH CALTRANS STAFF REPORT.
THE DEVELOPER SAID, OH, WE DON'T NEED TO TALK TO CALTRANS.
AND UNFORTUNATELY, IT BACKS UP TO THE FREEWAY.
CALTRANS SAID, WELL, WAIT A MINUTE.
HOW DO WE ARRIVING AT THERE'S LESS 2000 LESS TRIPS PER DAY.
I SAID, I DON'T KNOW, THIS BMI THING, SOME KIND OF CALCULATION THAT'S DONE.
WE TALKED ABOUT THERE SHOULD BE A METERING STUDY.
THERE SHOULD BE ACTUALLY ACTUAL NUMBERS IN AND OUT OF THAT CENTER.
BUT BECAUSE OF THE TRAFFIC, THE SENIORS, THEY ACTUALLY DO USE THAT STORE.
I GO TO DENAULT'S HARDWARE STORE THERE.
I UNFORTUNATELY, MY WIFE'S WATCHING.
BUT, YEAH, I'VE BEEN TO THE GOLDEN TEE.
AND THE REASON BEING IS I'M HEARING CONFLICTING INFORMATION.
I DON'T THINK YOU HAVE ACCURATE INFORMATION TO MAKE A DECISION TONIGHT.
SO THE OTHER THING I WANT TO TALK ABOUT, I SPOKE TO OUR STATE SENATORS STAFF.
I WROTE AN EMAIL TO HER TALKING ABOUT SCALE AND SIZE OF THIS PROJECT.
YOU KNOW, WE JUST REMOVED THE POWER PLANT 75FT TALL, 150FT WIDE BY 300FT LONG.
LOOK AT THE OVERALL DIMENSION OF THIS PROJECT.
MISS BLAKESPEAR LIVES IN ENCINITAS.
SHE WAS. WE'RE ACTUALLY GOING TO HAVE A MEETING WITH HER.
SHE SAID, I SAID, I DON'T KNOW THAT WE CAN DO ANYTHING ABOUT THIS PROJECT, BUT I NEED YOU TO GO BACK TO STATE ADDRESS THIS AFFORDABLE HOUSING THING AT YOUR LEVEL, BECAUSE WE'RE BEING FORCED TO ACCEPT THINGS.
THE OTHER THING I TALKED TO, I TALKED TO THE WAS IT THE FINANCING PART OF IT? SO I ASKED, HAD THIS DEVELOPER EVEN SUBMITTED AN APPLICATION FOR TAX CREDITS FUNDING? THEY HAVE A $500 MILLION FUND THAT THEY CAN APPLY TO.
BUT HE SAID GENERALLY THEY DO THAT AFTER THEY GET THE PROJECT APPROVED.
SO THAT GOES TO TELL YOU THAT.
[03:35:16]
PART OF MY DISCUSSION TONIGHT THAT I WANTED TO BRING UP IS DIRECTED AT YOU, THE COUNCIL.AND PART OF IT IS TOWARDS THE DEVELOPER.
I HOPE THAT YOUR LUXURY APARTMENT OWNERS KNOW, RENTERS KNOW WHAT THEY'RE GETTING THEMSELVES INTO BECAUSE IT IS A MESS. AND IF YOU PUT A FIVE STORY PARKING GARAGE THERE THAT BACKS UP TO WINDSOR POINT, GOOD LUCK TO YOU. REGARDING THE RETAIL THAT MAY GO INTO THIS FACILITY.
I LIVE OVER NEAR EL CAMINO AND NOT FAR AWAY FROM ROBERTSON RANCH.
I FOUND OUT TONIGHT WHEN I LOOKED.
THEY ARE STILL WAITING FOR THEIR RETAIL THAT WAS PROMISED AT THE TIME THAT IT WAS DEVELOPED.
THE BUILDERS REMEDY OR EXCUSE ME TO THE DEVELOPER, IF YOU KNEW THAT YOU ONLY SENT OUT 132 MAILERS AND ONLY TO LANDLORDS, THEN YOU KNEW YOU WERE NOT FOLLOWING THE SPIRIT OF THE LAW.
JUST OWN IT, MOVE FORWARD, GO TO THE COMMUNITY AND ENGAGE WITH THEM AND APOLOGIZE.
THE BUILDERS REMEDY, IT IS A REMEDY.
IT IS AN OPTION THAT THEY HAVE.
THEY HAVE THE OPTION TO DO NOTHING TO TO DELAY THIS THEMSELVES.
THEY CAN DECIDE TO GO TO THE LOCALS AND HAVE A CONVERSATION WITH THEM AND SEE IF THERE'S OTHER THINGS THAT CAN BE DONE, THAT'S ABSOLUTELY UP TO YOU. TO THE COUNCIL.
WHEN OUR COUNCIL MEMBERS ARE ON THE LEAGUE OF CITIES BOARD OF DIRECTORS, GO TO LEAGUE OF CITIES ON OUR TAX BILL AND THEN SUPPORT PROP ONE AND PROP FIVE AND OTHER LEGISLATION THAT DENIES LOCAL CONTROL.
YOU'RE DIMINISHING THAT LOCAL CONTROL THAT DIMINISHES THE COMMUNITY CHARACTER.
THERE ARE NO ADDITIONAL SPEAKERS.
THIS TOOK US TO ABOUT ANOTHER HOUR AND 50 MINUTES SINCE THE LAST BREAK.
SO WE'RE GOING TO TAKE A TEN MINUTE BREAK AND RECONVENE AT 9:00 PM.
MAYOR, CAN YOU CLOSE THE PUBLIC TESTIMONY FOR US, PLEASE? OH, THANK YOU SO MUCH. I'M CLOSING THE PUBLIC TESTIMONY.
WE'RE GOING TO RESUME THE MEETING NOW.
BECAUSE A LOT OF THE QUESTIONS WERE ALREADY ASKED IN THE EARLIER DIALOG.
BUT THE FIRST IS TO UNBUNDLE PARKING.
SO THAT MEANS THAT IT WOULD HAVE THE RENT FOR THE MARKET RATE UNITS NOT INCLUDE THE PARKING, HAVE THAT BE LEASED SEPARATELY, AND THEN PROPOSED A ONE TIME PAYMENT OF 50,000 IN TRANSIT SUBSIDIES FOR FUTURE RESIDENTS.
THAT COULD BE FOR THE COUNCIL'S CONSIDERATION.
ADDITIONALLY, WE HAVE REACHED OUT TO OFFICE OF PLANNING AND RESEARCH AND THEY'RE NOT AWARE OR WE'RE NOT ABLE TO SHARE ANY CONTACT THAT THEY'VE HAD WITH CONSTITUENTS ON THIS PROJECT. SO WE'RE NOT AWARE OF THE DETAILS OF THOSE CONVERSATIONS, BUT NO STATE AGENCIES WRITTEN US OR COMMENTED THAT THE CEQA EXEMPTION OR ANY OTHER ASPECT OF THE PROJECT HAS
[03:40:01]
BEEN DONE INCORRECTLY.WAS THERE ANYTHING MENTIONED BY THE SPEAKERS THAT THE APPLICANT WOULD LIKE TO ADDRESS? NO, MAYOR. NOTHING FURTHER AT THIS TIME.
NEXT IS CITY COUNCIL DISCUSSION.
AND WE SPENT THE DAY AT THE STREET FAIR, AND I KIND OF FELL IN LOVE WITH THE VILLAGE.
AND THAT WAS WHAT GOT MY ATTENTION AND ACTUALLY BROUGHT ME TO CARLSBAD.
AS SOON AS WE FINISHED DOING THE WALKING AROUND THE STREET FAIR, WE DROVE AROUND AND LOOKED FOR HOUSES FOR SALE AND PULLED THE LITTLE FLIERS TO SEE HOW EXPENSIVE CARLSBAD WAS. THAT'S WHAT GOT ME HERE ALMOST 40 YEARS AGO AND SINCE THEN WE'VE BEEN CUSTOMERS AT THE VILLAGE, AND WE'VE BEEN CUSTOMERS OF, I WON'T SAY GOLDEN TEE BECAUSE THAT'S ALREADY BEEN TAKEN.
BUT I DO GO TO THE HARDWARE STORE WHEN WE HAVE ANY EVENTS HERE, WE ALWAYS USE THE BAKERY.
I'VE GONE AND ASKED FOR ADVICE FROM THE PHARMACY.
SO I WROTE DOWN SOME NOTES AS EVERYBODY WAS TALKING.
THE PROPERTY IS ZONED FOR THE APARTMENTS.
AND THIS IS WHAT RUBS ME WRONG, THAT THE STATE HAS COME IN AND STARTED BULLYING US.
AND IN THIS PARTICULAR CASE, THEY'RE ALLOWING A 50% DENSITY BONUS.
I THINK IT'S OVERREACHING BY THE STATE.
I'M GOING TO USE I'M GOING TO SHARE SOME EXAMPLES THAT I THINK THAT SOME OF THESE LAWS THAT ARE EXAMPLES OF HOW THE STATE IS BULLYING THE CITIES AND I'VE ASKED JASON HABER, WHO'S OUR LEGISLATIVE EXPERT, TO CORRECT ME.
BUT THAT'S WHY I'VE ASKED HIM TO TELL ME IF I OVERSTEP.
WE HAVE A GROWTH MANAGEMENT PLAN THAT OUR RESIDENTS HAVE VOTED ON, AND IT MADE SENSE.
IT TALKED ABOUT NO DEVELOPMENT UNTIL OUR INFRASTRUCTURE CAN HANDLE THE DEVELOPMENT.
KIND OF COMMON SENSE, STATE SAID.
TOO BAD. WE THINK IT'S ADORABLE THAT YOU HAVE A GROWTH MANAGEMENT PLAN, BUT WE DON'T CARE.
SO THEY START TO PARK IN THE RESIDENTIAL AREAS.
BECAUSE ALL OF THE LEFTOVER APARTMENT PARKING IS PARKING UP AND DOWN THEIR RESIDENTIAL STREETS.
A NEW RULE THAT JUST CAME DOWN FROM THE STATE IS IF YOUR APARTMENT COMPLEX IS WITHIN, I THINK IT'S A HALF A MILE OF TRANSIT, YOU DON'T HAVE TO FOLLOW ANY PARKING REGULATIONS BY OUR CITY, THAT MEANS YOU CAN ACTUALLY BUILD AN APARTMENT COMPLEX WITH NO PARKING SPOTS.
I DON'T THINK ANYBODY WOULD, BUT THAT'S WHAT THE STATE'S GIVING US FOR LAWS.
THE STATE IS OVERRIDING ALL OF OUR CITIES HOA'S, YOU BOUGHT YOUR HOUSE AND YOU KNEW THAT YOUR HOA WON'T LET AN ADU BE BUILT IN THE BACKYARD, TAKE IT ONE STEP FURTHER, 25FT TALL AND UP TO ONLY FOUR FEET FROM YOUR PROPERTY LINE TO YOUR NEIGHBOR.
STATE SAID, WE DON'T CARE WHAT YOUR HOA HAS TO SAY.
WE DON'T CARE WHAT THE CITY HAS TO SAY.
WE'RE GOING TO OVERRIDE YOUR RULES AND WE'RE GOING TO ALLOW THAT.
HE CALLED OUT HUNTINGTON BEACH BECAUSE HUNTINGTON BEACH HAS BEEN PUSHING BACK.
THERE'S A THING CALLED THE BUILDER'S REMEDY.
WHEN I TELL PEOPLE THIS, THEY SAY, YOU'RE EXAGGERATING.
BUT, JASON, CORRECT ME IF I'M EXAGGERATING.
IF WE DON'T DO WHAT THE STATE TELLS US TO DO AND ALLOW THE DENSITY BONUSES OR ALL THE OTHER RULES THAT THE STATE COMES UP WITH, THEY WILL DECERTIFY OUR HOUSING ELEMENT AND THAT WOULD ALLOW BUILDERS TO BUILD ANYTHING ANYWHERE WITHIN OUR CITY.
JASON, DID I EXAGGERATE? IS THAT ACCURATE? HERE'S ANOTHER EXAMPLE.
[03:45:01]
THERE'S SOME HOMES THERE THAT WERE BUILT PROBABLY IN THE 50S ON A NICE BIG PIECE OF PROPERTY.MOST OF THEM LIVED IN BY PEOPLE BECAUSE IT WAS LEFT TO THEM BY THEIR GRANDMA AND GRANDPA'S WILL.
AND NOW YOUR NEIGHBORS CAN NOW REZONE THAT THEIR PROPERTY, AND YOU COULD BE LIVING IN YOUR ONE STORY NICE HOUSE THAT GRANDMA LEFT YOU AND RIGHT NEXT DOOR TO YOU CAN HAVE A SIX UNIT CONDO COMPLEX.
AM I RIGHT? SIX OR IS IT FOR 4 TO 6 UNIT CONDO COMPLEX RIGHT NEXT DOOR TO YOU? THE STATE IS BULLYING US.
AND YOU KNOW WHAT MY DAD WOULD SAY? PUNCH HIM IN THE NOSE.
HE'S GOING TO CONTINUE TO BULLY YOU UNTIL YOU DO SOMETHING ABOUT IT AND PUSH BACK.
IF WE STAND UP TO THE BULLY, THESE CONSEQUENCES.
CONSEQUENCES ARE COMPLETELY UNREASONABLE AND COULD COST US A TON OF MONEY IN THE LONG RUN.
SO MY FIRST EMOTIONAL REACTION TO ALL OF THIS PROJECT.
NOW I WANT TO SAY THE PROJECT IS BEAUTIFUL, I SAW IT.
MY GRIPE IS WITH THE STATE AND THE STATE ALLOWING THE 50% HOUSING DENSITY BONUS.
BY THE WAY, THE STATE NOW SAYS IF YOU DO ALL THE RIGHT THINGS AND ADD THE RIGHT NUMBER OF INCLUSIONARY HOUSING, 100% DENSITY BONUS AND CITIES, YOU CAN'T SAY NO.
SO MY FIRST EMOTIONAL REACTION WAS TO JUST SAY NO, AND THEN WE'LL FIGURE OUT WHAT TO DO LATER.
BUT SUCCESSFUL LEADERS DON'T MAKE EMOTIONAL REACTIONS AND MAKE DECISIONS ON EMOTION, BUT THEY STEP BACK AND WEIGH OUT THE BENEFITS AND THE CONSEQUENCES. I TALKED TO A LOT OF PEOPLE, INCLUDING OUR OWN CITY ATTORNEY, BUT I'VE TALKED TO OTHER EXPERTS AND THEY SAY, YOU CAN SAY NO, AND THEN YOU'RE GOING TO END UP IN A LAWSUIT.
THE STATE'S GOING TO GOING TO TRY TO GIVE YOU ALL THE CONSEQUENCES THEY CAN.
THE DEVELOPERS ARE ALLOWED TO, AND RIGHTFULLY SO, SUE YOU BECAUSE YOU'RE NOT FOLLOWING THE LAW.
AND WE SPEND ALL OUR MONEY ON OUR ATTORNEYS.
AND THEN WHAT WE FIND WE'RE DOING IS USING ALL OF OUR STATE TAX MONEY THAT WE PAY TO SUE OUR CITY AND OUR CITY TAXPAYER MONEY, AND THIS IS MONEY THAT COULD BE USED FOR ROADS, POLICE AND FIRE PARKS, THINGS LIKE THAT, MUCH MORE EFFECTIVELY USED THAN FIGHTING THE STATE WITH LAWSUITS. EVERYBODY SPOKE TONIGHT AND IT'S IT.
I DON'T WANT THIS DENSITY BONUS OR ALL THESE OTHER RIDICULOUS STATE LAWS THAT ARE FORCED ON US.
BUT I WILL TELL YOU THAT I DO HAVE TO MAKE A DECISION ON WHAT'S RIGHT FOR THE CITY, NOT WHAT'S RIGHT IN MY HEART, BECAUSE I HAVE A RESPONSIBILITY TO MAKE A MATURE DECISION.
SO WE TAKE THE BLAME FOR ALL THE RIDICULOUS LAWS THEY'RE PUTTING TOGETHER.
BUT UNFORTUNATELY, THAT'S OUR STATE.
AND I WOULD HOPE THAT ALL OF YOU WHO DISAGREE WITH THE STATE'S DECISIONS ALSO FIND THE TIME TO SHARE YOUR THOUGHTS WITH YOUR STATE REPRESENTATIVES. YOU SHARED IT WITH US, BUT WE CAN DO NOTHING ABOUT IT.
SHARE IT WITH YOUR STATE REPRESENTATIVES.
THEY'RE THE ONES WHO MAKE THE LAWS, AND THEY'RE THE ONES WHO CAN CHANGE THE LAWS.
BUT NOW, ONE OF THE THINGS THAT IF I IF I'M GOING TO SAY YES AND HOLD MY NOSE AND NOT WANT TO SAY YES, THEN I WANT TO PUT SOME CONDITIONS ON THE PROJECT.
AND A LOT OF RESIDENTS HAVE SHARED WITH ME CONDITIONS THAT THEY WOULD LIKE TO SEE.
NOW, I'VE ASKED OUR STAFF IN ADVANCE TO PUT TOGETHER A LIST OF ALL OF THOSE CONDITIONS, AND THEN WHOEVER MAKES THE MOTION, PLEASE INCORPORATE THESE, THESE THESE CONDITIONS.
AND THEN I WOULD JUST LOOK TO OUR, OUR REPRESENTATIVES ON OUR LEGISLATIVE SUBCOMMITTEE TO PLEASE CONTINUE TO WORK HARD AND FIND WAYS TO HELP PROTECT OUR LOCAL CONTROL.
[03:50:05]
WE'RE NOT ALONE.I'M GUESSING ALL THE OTHER CITIES.
WHAT DO WE HAVE? ALMOST 500 CITIES IN THE STATE OF CALIFORNIA.
I THINK IF WE ALL BAND TOGETHER, WE CAN BE HEARD.
MISS BHAT-PATEL? SURE. THANK YOU.
AND THANK YOU TO EVERYONE PRESENT TONIGHT.
I KNOW IT'S LATE AND APPRECIATE YOU ALL STICKING AROUND.
I KNOW THAT THIS PROJECT HAS GARNERED A LOT OF INTEREST.
AND OF COURSE SOMETHING THAT I THINK WE ALL HAVE BEEN FOLLOWING VERY CLOSELY.
BUT THERE HAVE BEEN A LOT OF STATE LAWS EVEN SINCE THE TIME THAT I STARTED IN THE PAST SIX YEARS, THAT HAVE CHANGED QUITE A BIT IN TERMS OF HOUSING AND WHAT THAT LOOKS LIKE IN TERMS OF LOCAL CONTROL FOR OUR CITIES.
YOU KNOW, WE I DO SIT ON THE LEAGUE OF CALIFORNIA CITIES, AND I DO WANT TO CORRECT THE RECORD.
LEAGUE OF CALIFORNIA CITIES IS SOMETHING THAT ACTUALLY ADVOCATES FOR LOCAL CONTROL.
SO WE'VE ACTUALLY BEEN PUSHING TO FIGHT FOR THAT.
WE'RE ALWAYS TRYING TO MAKE SURE THAT WE CAN PRESERVE THAT.
AND SO DEFINITELY REACH OUT TO YOUR STATE REPRESENTATIVES.
WE'RE DOING A LOT OF THAT WORK AS WELL, WHERE WE'RE TALKING TO THOSE STATE REPRESENTATIVES, MAKING SURE THAT THEY KNOW THAT HAVING A COOKIE CUTTER APPROACH TO EVERYTHING DOESN'T NECESSARILY MAKE SENSE.
I THINK THAT'S THE PIECE THAT'S MISSING IN ALL OF THIS, IS THAT EVERYONE THINKS THAT WHATEVER COOKIE CUTTER APPROACH THAT THEY CAN PUT ON EVERY SINGLE JURISDICTION IN THE STATE OF CALIFORNIA IS GOING TO WORK FOR ALL OF US IS ABSOLUTELY NOT TRUE.
AND SO JUST REMINDING EVERYONE TO UTILIZE THAT VOICE.
I KNOW EVERYONE IS EXTREMELY BUSY.
YOU ALL HAVE EXTREMELY BUSY LIVES.
I THINK THE PART THAT'S SO CHALLENGING IS FOR ALL OF US TO GET INVOLVED.
IN THIS PARTICULAR CASE, AS YOU HEARD, UNFORTUNATELY, STATE LAW HAS TIED OUR HANDS IN THAT.
AND I HAVE TO SAY, I TOO HAVE BEEN HERE FOR 30 YEARS, YOU KNOW, AND I'VE SEEN HOW MUCH I MEAN, IT WAS A SMALL TOWN WHEN I FIRST MOVED HERE FROM A CORNFIELDS TOWN IN ILLINOIS TO A BEACH TOWN HERE IN CARLSBAD.
IT'S AND IT WAS, YOU KNOW, IT WAS AMAZING.
AND TO SEE HOW MUCH IT'S CHANGED, I CAN TOTALLY UNDERSTAND THE EMOTIONS THAT YOU ALL ARE FEELING BECAUSE I TOO LIVE AND BREATHE THOSE EMOTIONS THAT YOU ALL ARE FEELING EVERY SINGLE DAY WITH THE CHANGE THAT'S GOING ON.
AND SO WITH THAT, AS YOU ALL KNOW, SOME OF THE THINGS THAT I WOULD LIKE US TO TAKE INTO CONSIDERATION WHEN AND I'M SURE WHOEVER MAKES THE MOTION.
BUT I KNOW YOU HEARD ME TALK ABOUT THE CEQA EXEMPTION, AND I MENTIONED THAT IT'S IMPORTANT FOR US TO CONSIDER THAT PARTICULAR CONVERSATION AS WE MOVE FORWARD AND THAT THAT ACTUAL, YOU KNOW, JUST THAT DECISION MAKING AUTHORITY ACTUALLY COMES BACK TO US AS A COUNCIL INSTEAD OF AT THE STAFF LEVEL.
AND AGAIN, THAT WAS DONE IN 2001, THE LAST TIME THAT IT WAS REVISITED.
AND SO MANY OF US ACTUALLY, EVEN MAYBE YOU, MAYOR, MANY OF US WERE NOT HERE.
AND SO, YES, IT WOULD BE HELPFUL FOR US TO REVISIT THAT.
THE OTHER PIECE WOULD BE AROUND THE POLICY 84, WHICH IS THE OUTREACH POLICY THAT WAS REVISED BEFORE.
AGAIN, MANY OF US WERE UP HERE, AND I THINK IT'S REALLY PRUDENT FOR US TO RELOOK AT THAT AND MAKE SURE THAT WE TAKE JUST A GOOD, GOOD LOOK AT WHAT THAT LOOKS LIKE FOR US AND WHAT THAT MEANS FOR OUR COMMUNITY AND WHAT THEY DESERVE IN TERMS OF OUTREACH.
AND THEN THE LAST PIECE I JUST WANT TO REITERATE, I DO THINK THAT THERE NEED TO BE SOME CONDITIONS PUT ON ON THIS PARTICULAR PROJECT. I DO THINK THAT SOME OF THEM WERE MENTIONED BY THE MAYOR.
AND THEN I KNOW WE'VE SEEN QUITE A FEW OF THEM.
[03:55:06]
WANTS, BUT AT THE VERY LEAST, HOPEFULLY WITH THOSE PARTICULAR CONDITIONS, WE'RE MAKING IT JUST A LITTLE BIT MORE IN THE DIRECTION THAT YOU'D WANT IT TO GO.AND THEN I KNOW I JUST WANTED TO COMMENT ON I KNOW I DIDN'T GET A CHANCE TO PRIOR THE INCLUSIONARY HOUSING ORDINANCE THAT I KNOW MY COLLEAGUE HAD BROUGHT UP THAT I BELIEVE WAS ADOPTED A COUPLE OF YEARS AGO.
HAPPY TO MAKE THE MOTION, BUT ALSO HAPPY TO DEFER TO THOSE.
BE BESIDE ME BECAUSE I KNOW WE SHARE SENTIMENTS.
THEY HAVE WE HAVE BEEN PAYING ATTENTION.
I'VE CERTAINLY BEEN FOLLOWING UP AND LISTENING TO EVERYTHING THAT THAT I POSSIBLY COULD TO TAKE, TAKE IN THE INFORMATION SO THAT WE COULD BE GOOD DECISION MAKERS HERE.
BUT THEY ADDRESSED A LOT OF THE COMMUNITY'S CONCERNS, THINGS LIKE THE UNBUNDLING OF THE PARKING COST WITH THE RENT OR THE TRANSIT PASSES, POTENTIALLY, YOU KNOW, SETTING ASIDE A POT OF MONEY SO THAT PEOPLE COULD ACCESS A TRANSIT PASS FUNDS. ALSO, THE QUESTIONS ABOUT THE LOT AND WHETHER COMMERCIAL WOULD BE BUILT AT THE SAME TIME AND WHETHER THE PROJECT WILL BE OPEN WITH COMMERCIAL AS PART OF THE PROJECT.
SO I THINK THOSE ARE CONTAINED IN THE CONDITIONS, SO WE CAN GO OVER THOSE IN A MOMENT.
I DID ASK QUESTIONS EARLIER ABOUT THOSE THREE AREAS CEQA EXEMPTION, THE ENHANCED OUTREACH AND THE INCLUSIONARY HOUSING ORDINANCE EXEMPTIONS, I GUESS I'M NOT SURE WHAT WE'RE CALLING THEM, BUT WHEN WE GO DOWN BELOW FROM 15% I'M NOT SURE WHAT THE TERM IS FOR THAT, BUT I WOULD LIKE TO REVISIT ALL OF THOSE. I DO THINK THAT ONE OF THE BIG ISSUES THAT WE HAD HERE WAS THE CEQA EXEMPTION, AND THAT BEING DONE NOT IN THE PUBLIC LIGHT SO MUCH, YOU KNOW, NOT AS TRANSPARENT AS I'D LIKE TO SEE IT.
AND I THINK THAT THAT AUTHORITY SHOULD BE CHANGED TO COME TO COUNCIL AND BE VISIBLE.
AND I, I WOULD LOVE TO MAKE THAT MOTION NOW IF PEOPLE ARE OKAY WITH THAT.
I DO HAVE LANGUAGE THAT I'VE GOT HERE TO MAKE THAT MOTION.
BUT I JUST WANT TO MAKE SURE THAT THAT THAT GOES ON THE RECORD.
YOU KNOW, THE CEQA EXEMPTION HAS GOT TO BE CHANGED.
AND I DID FEEL ALSO VERY STRONGLY ABOUT THE ENHANCED OUTREACH AND NEEDING TO CHANGE THAT.
AS FOR THE STATE MANDATES AND HOW THE STATE IS TREATING THIS HOUSING CRISIS, PAINTING US ALL WITH THE SAME BRUSH AND TELLING ALL COMMUNITIES IN THE STATE OF CALIFORNIA THAT THEY HAVE TO COMPLY, OR ELSE THEY WILL TAKE AWAY ALL OF OUR LOCAL CONTROL.
SO I WANT TO INVITE PEOPLE TO TAKE A LOOK AT WHAT WE'VE BEEN DOING THERE.
COUNCIL MEMBER BURKHOLDER AND I SIT ON THAT COMMITTEE AND WE MEET EVERY MONTH.
IT'S A PUBLIC MEETING HERE IN COUNCIL CHAMBERS, AND OUR STAFF PERSON IS MR. JASON HABER IN THE BACK.
AND AMONGST THAT IS A LOT OF LAND USE, LOCAL CONTROL LIKE IT IS.
IT IS VERY ESSENTIAL TO THE WORK THAT WE DO IN THE LEGISLATIVE SUBCOMMITTEE.
AND IT HAPPENS EVERY SINGLE MEETING.
AND AS FOR LEAGUE OF CALIFORNIA CITIES, THAT IS THEIR MISSION.
THEY ARE A MEMBERSHIP ORGANIZATION OF 99% OF THE CITIES IN CALIFORNIA.
[04:00:05]
SO I JUST WANT PEOPLE TO KNOW THAT WE DO CONTINUE TO ADVOCATE AND FIGHT TO PROTECT OUR LOCAL AUTHORITY.AND WE'VE NOT BEEN WINNING YET, BUT WE'RE GOING TO KEEP AT IT UNTIL WE DO.
AND FOR NOW, WE'VE GOT TO COMPLY WITH THE LAW AS IT IS.
I'VE BEEN IN PLANNING A LONG TIME, AND WE.
THIS HAPPENS A LOT, THESE TYPE OF ISSUES AND I THINK THE MAYOR SUMMED IT UP PERFECTLY.
YOU HAVE A LOT OF EMOTION, BUT YOU ALSO HAVE A LOT OF RATIONAL THOUGHT THAT YOU NEED TO PUT INTO IT.
THIS INDIVIDUAL PURCHASED THAT LAND.
IF ANY ONE OF YOU WERE OWNERS OF THAT LAND, HE HAS CERTAIN ENTITLEMENTS.
HE HAS CERTAIN DEVELOPMENT RIGHTS.
THE STATE OF CALIFORNIA HAS ALWAYS ALLOWED HIM TO DO THAT.
HE CAN CHOOSE TOMORROW TO TAKE AWAY ALL OF THOSE LEASES IF HE WANTS TO.
AND THEN WE'RE LEFT WITH A VACANT PIECE OF PROPERTY.
HE HAS COME TO US WITH A WITH A WITH A BEAUTIFUL PROJECT.
SOME PEOPLE FEEL IT IS NOT BEAUTIFUL.
BUT WE SITTING UP HERE HAVE A FIDUCIARY RESPONSIBILITY TO ALL OF YOU.
WE COLLECT YOUR TAXES, WE DISTRIBUTE IT.
AND AS THE MAYOR SAID CLEAR HEADS NEED TO TAKE A LOOK AT IT.
I THINK MR. LINKE DID AN EXTRAORDINARY JOB ON THE VMT AND I WOULD THINK IF IT HAD LEGS THAT I COULD USE TO MAYBE REEXAMINE THIS PROJECT, BUT I DON'T THINK LEGALLY I DO AS WELL AS MISS WRIGHT ON YOUR PUBLIC HEALTH AND SAFETY CONCERNS.
ADDITIONALLY, I THINK MY COLLEAGUES HAVE RAISED IN TWO DECADES THAT OUR ORDINANCES AND OUR POLICIES GOVERNING CEQA, AS WELL AS OTHER POLICIES ARE STALE AND NOT RELEVANT, AND I THINK THEY WILL GO AHEAD.
AND THEY'VE DONE A COMMENDABLE JOB AND THEY'LL PROBABLY SUMMARIZE IT AS WELL AS, I THINK, MR. LARDY, YOU'RE GOING TO HAVE TO COME UP WITH A GREAT SLIDE WITH A LIST OF ALL THE CONDITIONS THAT THE DEVELOPER HAS BEEN AGREED, HAS AGREED TO, CORRECT.
SO, I THINK MOVING FORWARD I WOULD SUPPORT THE PROJECT WITH CONDITIONS.
I DO THOUGH HAVE TO DO A LITTLE SCOLDING HERE AT THE END THAT I THINK A LOT OF PEOPLE DID FEEL EXCLUDED, AND THERE WAS NOTHING TO PREVENT YOU FROM GOING OVER AND BEYOND ON THE ADVERTISING.
YES, YOU MET THE REQUIREMENTS.
BUT, YOU KNOW, WE'VE ALSO HAD OTHER DEVELOPERS HERE, AND I'VE SPENT A LOT OF YEARS ON THE PLANNING COMMISSION WHO DID GO OVER AND BEYOND, WHO DID SEND NOTICES TO TENANTS, WHO DID SEND NOTICES NOT JUST TO THE LANDOWNERS.
AND HOPEFULLY WE CAN RECTIFY THAT IN OUR POLICY AND HOW WE DISTRIBUTE THAT TYPE OF INFORMATION, BECAUSE THOSE PEOPLE ARE OUR CITIZENS JUST AS MUCH AS THE LANDOWNERS ARE.
AND SO THAT WOULD HAVE, I THINK, ENDURED A LOT MORE PEOPLE TO YOU.
WHAT IS IT LIKE 9:30? I PROMISE TO HAVE YOU OUT BY 10:30.
NO WORRIES. IN THE THREE YEARS BEFORE I RAN FOR CITY COUNCIL, DISTRICT ONE WENT THROUGH A CHAOTIC PERIOD WHERE RESIDENTS WERE REPRESENTED BY THREE DIFFERENT COUNCIL MEMBERS, AS WELL AS PERIODS OF TIME WITHOUT ANY REPRESENTATION AT ALL ON THE CARLSBAD CITY COUNCIL.
AS A RESULT OF TWO COUNCIL RESIGNATIONS AND AN APPOINTED COUNCIL MEMBER DURING THESE THREE YEARS, SOME VOTERS IN DISTRICT ONE HAVE FELT DISENFRANCHISED OR MADE CLAIMS THAT THEY'VE BEEN TAXED WITHOUT REPRESENTATION.
IT'S A COMMITMENT I TAKE VERY SERIOUSLY.
AS DISTRICT ONE REPRESENTATIVE ON THE COUNCIL, I'VE SPENT ALMOST TWO YEARS MEETING OR SPEAKING WITH ANYONE WHO CONTACTS ME TO SHARE THEIR IDEAS, THEIR CONCERNS, OR TO LISTEN TO ANYONE WHO SIMPLY WANTS TO SHARE FEEDBACK ON A CITY PROGRAM OR PROJECT.
[04:05:07]
COMING FROM THE LAGOON. YOU GUYS REMEMBER THAT? OTHER TIMES THE MESSAGES ARE MORE IMPORTANT MATTERS OF PUBLIC SAFETY, LIKE HOME INVASION CRIMES OR TRANSPORTATION.THIS IS AN IMPORTANT PART OF REPRESENTING DISTRICT ONE.
THE MOST SIGNIFICANT RESPONSIBILITY REPRESENTING DISTRICT ONE, HOWEVER, IS CASTING VOTES ON BEHALF OF RESIDENTS IN A MANNER THAT BEST REFLECT NOT ONLY THE DESIRES OF THE MAJORITY OF RESIDENTS, BUT ALSO VOTING IN A WAY THAT BALANCES THE NEEDS OF THE ENTIRE CITY, SO THAT WHAT WE DO HERE MAKES SENSE FOR THE WHOLE CITY OF CARLSBAD.
WHILE THERE HAVE BEEN MANY ISSUES IN CARLSBAD THAT HAVE GENERATED INTEREST FROM RESIDENTS OF DISTRICT ONE, THERE ONLY HAVE BEEN A FEW ISSUES CONSIDERED BY THE CITY COUNCIL IN MY TWO YEARS THAT HAVE GENERATED THIS AMOUNT OF CONCERN EMAILS, PHONE CALLS, PUBLIC COMMENT OR ATTENTION THAN WHAT IS BEING CONSIDERED HERE TONIGHT AS YOUR DULY ELECTED REPRESENTATIVE ON THE CITY COUNCIL.
I BELIEVE IT WOULD BE A FORM OF ELECTORAL MALPRACTICE IF I DIDN'T LISTEN CLOSELY TO THE VOICES THAT HAVE SPOKEN HERE TONIGHT AND OVER THE WEEKS OR MONTHS LEADING UP TO THIS HEARING. THE NEAR UNANIMOUS VOICE I AM HEARING FROM MY RESIDENTS IS THAT THIS PROJECT WOULD BE A MISTAKE FOR DISTRICT ONE AND FOR THE CITY OF CARLSBAD.
I CANNOT IGNORE THE STRONG OF MESSAGE FROM THE PEOPLE I AM HERE TO REPRESENT.
WE'RE BEING TOLD BY OUR LAWMAKERS, OUR LAWYERS, AND OUR DEDICATED CITY STAFF THAT THE STATE OF CALIFORNIA IS JAMMING OUR COUNCIL AND LEAVING US WITH ALMOST NO OTHER OPTION THAN TO APPROVE THIS PROJECT.
WE'RE BEING TOLD THAT IF WE DO NOT APPROVE THE PROJECT, THE THREAT IS THAT THE CITY MAY BE PENALIZED BY THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT IN THE SAME MANNER OTHER CITIES HAVE RECENTLY EXPERIENCED WHEN THEY HAVE TWO ATTEMPTED TO DEFY THE MANDATES FROM SACRAMENTO.
SO FAR, I'VE ONLY BEEN TOLD THAT OTHER CITIES HAVE RECEIVED THREATENING LETTERS.
GUESS WHAT? IN MY LIFETIME, I'VE RECEIVED THREATENING LETTERS.
I'M NOT SCARED OF A THREATENING LETTER.
AND IF THAT WERE TO OCCUR, THEN WHAT THE MAYOR TALKED ABOUT, THE DREADED BUILDER'S REMEDY WOULD BE IMPLEMENTED, THUS ALLOWING BY RIGHT AUTHORITY TO DEVELOPERS IN CARLSBAD TO BUILD WHATEVER THEY WANT, WHEREVER THEY WANT IN OUR CITY.
I'M TOLD THIS COULD RESULT IN CARLSBAD, SEEING PROJECTS LIKE THIS POP UP IN OTHER PARTS OF THE COMMUNITY, NOT JUST IN DISTRICT ONE, WITH VERY LITTLE THE CITY CAN DO TO STOP OR LIMIT THE DEVELOPMENT.
AND THERE'S NO GUARANTEE FOR AN AFFORDABLE MARKET OR A PHARMACY.
THERE ARE RISKS THAT THIS COUNCIL AND RESIDENTS MUST TAKE SERIOUSLY.
IT WOULD BE IRRESPONSIBLE NOT TO CONSIDER THESE THREATS AND FEEDBACK FROM OUR STAFF AND ATTORNEYS.
BUT FOR ME, AS THE ELECTED REPRESENTATIVE OF THE DISTRICT WHERE THIS PROJECT HAS BEEN PROPOSED, I CANNOT IN GOOD CONSCIENCE CAST A VOTE IN ANY OTHER WAY THAN ONE THAT IS CONSISTENT WITH SUCH A WIDESPREAD COLLECTIVE OF VIEWS FROM THE PEOPLE I REPRESENT.
I VOTE NO BECAUSE THIS PROJECT IS TOO MUCH FOR THIS PROPERTY, AND IT WOULD HAVE A NEGATIVE IMPACT ON THE QUALITY OF LIFE OF SO MANY MEMBERS OF OUR COMMUNITY, ESPECIALLY THE SENIORS. I VOTE NO TO SUPPORT THE PEOPLE I REPRESENT, AND I DO IT KNOWING THAT THE CITY COULD BE PENALIZED BY THE STATE OF CALIFORNIA IF WE REJECT THE PROJECT. I VOTE NO BECAUSE THE STATE HAS TAKEN TO PROTECTING ONE CLASS OVER ANOTHER.
WE OPENED OUR ARMS IN DISTRICT ONE TO SEVERELY MENTALLY ILL PEOPLE, BUT WE ARE PUSHING OUT SENIORS.
LISTEN, I NEED TO FIGHT ONE BATTLE AT A TIME.
AND TONIGHT IT IS THIS PROPOSED MONSTROUS DEVELOPMENT.
BY THE WAY. IT'S BEAUTIFUL, IN MY OPINION, IN MY DISTRICT THAT IS DESIGNED NOT AS A RESULT OF COMMUNITY INPUT, BUT AS A PRODUCT OF A CULTURE IN SACRAMENTO THAT WANTS TO TAKE DECISION MAKING AUTHORITY AWAY FROM CITIES IN ORDER TO JAM MORE AND MORE HOUSING AT THE EXPENSE OF THE UNIQUE CHARACTER OF OUR COMMUNITY.
[04:10:03]
DOWN OUR THROATS WILL NOT STAND.I ASSURE YOU, SACRAMENTO DOES NOT KNOW WHAT'S BEST FOR CARLSBAD.
I REPRESENT THE COMMUNITY AS A COUNCIL MEMBER, AND I'M VOTING NO.
AND WITH THAT, I DO HAVE TWO MOTIONS TO MAKE.
IF SHALL I MAKE THEM NOW OR AFTER THE VOTE ON THIS MATTER? LET'S LET MISS ACOSTA MAKE HER MOTION FIRST SINCE SHE ASKED.
ALL RIGHT. WE'RE GOING TO GO DOWN THE LINE AND MAKE MOTIONS.
I WAS JUST DOING IT BECAUSE IT WAS IN MY DISTRICT.
OKAY. WOULD YOU PLEASE PUT UP THE LIST OF ALL THE CONDITIONS THAT STAFF HAS WORKED ON.
DO YOU HAVE DO YOU HAVE THAT OR NO? WELL, WE HAVE APOLOGY FOR SLIDES BECAUSE THERE'S A LOT OF TEXT.
BUT WE CAN BRIEFLY RUN THROUGH THE FOUR SLIDES OF THE MOTIONS.
OKAY. WHOEVER'S GOING TO MAKE THE MOTION, PLEASE PAY CLOSE ATTENTION.
THESE ARE THE POTENTIAL CONDITIONS.
WE CAN TAKE THIS OFF IF IF THAT'S NOT THE TIME FOR THIS.
GOT IT. UNDERSTAND? THERE IS ONE PROPOSED REVISED CONDITION.
THAT'S THE ONE THAT'S ON THE SCREEN.
DRAFT NEW CONDITION 72, WHICH WOULD ADD ADDITIONAL LANGUAGE ON THE PARCEL MAP.
AND THE NOTICE OF RESTRICTION FOR THE PROPOSED PROJECT CONDITIONS 73 AND 74 RELATED TO THE FRONTAGE IMPROVEMENTS AND REQUIREMENT FOR CONSTRUCTION OF THE COMMERCIAL AND CONDITIONS 75 AND 76 RELATED TO UNBUNDLING, PARKING, AS WELL AS A ONE TIME PAYMENT OF 50,000 FOR TRANSIT PASSES.
WELL, MAYOR, I THINK WE'RE ALL ON THE SAME PAGE.
BUT TONIGHT WE'VE HAD A LOT OF CONVERSATION ABOUT POLICY 84.
AND IN THINKING OF THE FUTURE, THERE ARE SEVERAL REASONS I BELIEVE WE NEED TO REVISIT POLICY 84.
THEREFORE, I WOULD LIKE TO MAKE THE MOTION THAT STAFF BRINGS BACK.
AND I WOULD ADD, IF STAFF CANNOT ADHERE TO THE DATE OF NOVEMBER 12TH TIMELINE, I RECOMMEND, DUE TO THE URGENCY OF THE MATTER, THINK OF RINCON THAT WE JUST SAW A SLIDE ON, THAT WE HIRE OUTSIDE COUNSEL TO ADDRESS THE ISSUE, AND I'M HAPPY FOR A DISCUSSION IF I GET A SECOND.
SECOND. ANY DISCUSSION? MS. ACOSTA.
THANK YOU. SO POLICY 84 IS THE ENHANCED OUTREACH.
I THINK WE'VE GOT A LOT THAT WE CAN DO HERE.
AND IF WE'RE GOING TO DO ENHANCED OUTREACH, IT NEEDS TO BE A LOT OF DIFFERENT THINGS.
IT'S GOT TO HAVE COMMON SENSE.
SO I DO THINK IT'S AN IMPORTANT ISSUE, AND I'M HAPPY TO SUPPORT.
WE HAVE A MOTION AND A SECOND, PLEASE VOTE.
OH, YOU HAVE A COMMENT? YES. I JUST HAVE A QUESTION.
YOU MENTIONED AT THE END OF THE MOTION AROUND SOMETHING AROUND IF WE CAN'T ADHERE TO THE TIMELINE TO RETAIN OUTSIDE COUNSEL, CAN YOU PLEASE ELABORATE ON THAT? YEAH, I WAS CONSIDERING.
THANK YOU FOR THE QUESTION, COUNCIL MEMBER.
THAT'S WHY I PUT A DATE CERTAIN OF NOVEMBER 12TH.
BUT I KNOW STAFF IS TAXED RIGHT NOW TO IN THE COMMUNITY PLANNING DEPARTMENT.
SORRY, COMMUNITY DEVELOPMENT DEPARTMENT.
THAT'S FINE. IF YOU WANT TO SAY NO TO THAT AND BRING IT BACK NATURALLY.
I JUST I'M EXPRESSING THE URGENCY THAT I FEEL ON THIS POLICY BEFORE SOMETHING ELSE COMES BEFORE US THAT WE HAVE TO VOTE ON, AND THE OUTREACH HASN'T BEEN DONE THE WAY WE THINK IT SHOULD BE DONE. I JUST WHISPERED TO THE CITY MANAGER, HE CAN THE STAFF CAN HANDLE IT.
WELL THAT'S WONDERFUL THEN I DON'T.
SORRY. HOPE THAT ANSWERS YOUR QUESTION.
OKAY. COUNCIL, CAN I PROVIDE SOME CLARIFICATION? YES. GO AHEAD. JUST AS A REMINDER, ANY APPLICATION THAT CURRENTLY EXISTS AND HAS BEEN MADE, THESE CHANGES WILL OCCUR PROSPECTIVELY.
SO I JUST WANT TO MAKE SURE THAT THAT'S UNDERSTOOD.
YEAH. THAT WAS JUST AN EXAMPLE OF WHY THE URGENCY IS IMPORTANT TO ME.
[04:15:08]
MISS BHAT-PATEL, DID YOU? I WAS JUST CONFIRMING AND CLARIFYING.SO IT SOUNDS LIKE WE'RE TAKING THAT PART AWAY AND WE'RE MAINTAINING THE REST OF IT.
BUT I THINK ALSO WHAT I'VE HEARD FROM MY COLLEAGUES UP HERE IS TITLE 19 IN OUR IN OUR ORDINANCE ON A CHAPTER 19.04 AND A NUMBER OF SECTIONS THAT I'VE TAKEN A LOOK AT I WOULD PROPOSE THAT WE WOULD ADD THAT TO IT FOR REVISIONS TO HAVE THE FINAL DECISION MAKER FOR DISCRETIONARY PERMIT.
ALSO THE DECISION-MAKING BODY FOR CEQA EXEMPTIONS, THE PROVISIONS IN TITLE 19 CURRENTLY REQUIRE THE PC AND CC TO ACT ON NEGATIVE DECKS MITIGATED NEGATIVE DECKS IN EIR.
SO IS THAT ALSO INCLUDED IN THE POLICY? BECAUSE I DIDN'T HEAR THIS SPECIFIC SECTION, THAT'S GOING TO BE A SEPARATE MOTION.
YEAH. I'M LOOKING OVER TOWARD THE CITY ATTORNEY.
LET'S TAKE THEM A SEPARATE MOTION.
OKAY. YOU WANT TO TAKE THEM SEPARATE? OKAY. SO FOR MISS BURKHOLDER'S MOTION, WE HAVE A FIRST AND A MOTION AND A SECOND.
PLEASE VOTE. PASSES UNANIMOUSLY.
OKAY, MISS LUNA, THAT WAS YOUR MOTION.
I'LL THROW IT OVER TO MISS COUNCIL MEMBER ACOSTA.
AND I'LL GLADLY SECOND IT, IF THAT'S OKAY.
YES, I HAD THE MOTION WRITTEN DOWN, SO THANK YOU.
THAT'S OKAY. SO I'M JUST GOING TO READ IT.
I MOVED TO DIRECT THE CITY MANAGER TO RETURN WITHIN 120 DAYS, WITH AMENDMENTS TO CHAPTER 19.04 REQUIRING THAT CEQA EXEMPTIONS BE CONSIDERED BY THE DECISION MAKING AUTHORITY RESPONSIBLE FOR DECIDING ON THE PERMIT APPLICATION, INSTEAD OF THE CURRENT PROCESS THAT GRANTS THAT AUTHORITY EXCLUSIVELY TO THE CITY PLANNER.
SECOND, ANY DISCUSSION? I'VE GOT A MOTION AND A SECOND.
PLEASE VOTE. PASSES UNANIMOUSLY.
YES, PLEASE MAKE THE MAIN MOTION.
IF ANYONE LIVED IN THE 90S, YOU KNOW IT'S GOING TO BE ME WAS FROM.
SO MAYOR PRO TEM BHAT-PATEL, MAY I SUGGEST A MOTION ALONG THESE LINES? ADOPT THE RESOLUTION AND AGENDA ITEM NUMBER SEVEN, INCLUDING PROPOSED AMENDED CONDITION NUMBER 12 AND NEW CONDITIONS NUMBER 72 THROUGH 76.
AND MAYOR, IF I COULD ALSO MAKE A COMMENT AFTER IT'S SECONDED.
I JUST WANT TO SAY I KNOW YOU KNOW, THIS IS REALLY TOUGH.
AND YOU HEARD YOUR DISTRICT COUNCIL MEMBER REALLY REITERATE HOW TOUGH IT IS.
I THINK WE ALL COMPLETELY AGREE WITH THOSE SENTIMENTS.
IF WE COULD, WE WOULD DO SOMETHING ABOUT DO MORE ABOUT IT IF WE COULD.
I'M GLAD SHE'S ABLE TO STAND UP AND HAVE THAT SYMBOLIC VOTE OUT THERE FOR YOU ALL.
I THINK JUST WANTED TO THROW IT OUT THERE THAT IF WE ALL COULD DO WHAT SHE COULD, WE WOULD.
BUT I THINK THIS IT'S GOING TO BE MOVING FORWARD.
SO WITH THAT, THAT JUST WANTED TO MAKE THOSE COMMENTS.
OKAY. WE HAVE A MOTION AND A SECOND PLEASE VOTE.
NOTING MISS BURKHOLDER'S COMMENTS.
PLEASE TAKE THE CONVERSATIONS OUTSIDE.
OUR MEETING ISN'T COMPLETED YET.
CHRIS, PLEASE TAKE IT OUTSIDE SO WE CAN CONTINUE.
THANK YOU. OKAY, THIS BRINGS US TO OUR
[COUNCIL COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]
END OF THE NIGHT STATEMENTS.MISS LUNA, SHAKING YOUR HEAD NO.
MISS BURKHOLDER, I JUST HAD THE OPPORTUNITY TO PREVENT MR. MANZI, THE BAND DIRECTOR AT CARLSBAD HIGH SCHOOL, WITH A PROCLAMATION LAST THURSDAY ON THE FIELD AT THE GAME.
HE WAS SO SURPRISED AND SO EXCITED AND SO WELL DESERVED.
SO THAT WAS QUITE AN HONOR TO BE ABLE TO DO THAT.
[04:20:07]
THANKS. MISS ACOSTA.WE ARE CHANGING OUR LEADERSHIP.
SO ACTUALLY WE'VE GOT A NORTH COUNTY PERSON JOINING THE LEADERSHIP THERE.
SO WE'VE GOT THE REPRESENTATIVE FROM THE CITY OF SAN DIEGO IS THE NEW CHAIR.
THE VICE IS FROM EAST COUNTY, EL CAJON AREA.
AND THE NEW SECRETARY OF THE BOARD IS A COUNCIL MEMBER IN ENCINITAS, JOY LYONS.
SO THAT'S MY UPDATE FROM SAN DIEGO COUNTY WATER AUTHORITY.
MISS BHAT-PATEL? YES. THANK YOU.
WE HAD THE ECONOMIC DEVELOPMENT SUBCOMMITTEE MEETING TODAY.
WE HAD SOME ROBUST DISCUSSIONS ON WHAT'S GOING ON IN THE BUSINESS COMMUNITY, AND THEN WE WILL BE BRINGING BACK AN ITEM FOR DISCUSSION REGARDING SUSTAINABILITY INITIATIVES IN THE CITY AND HOW THAT'S WORKING WITH THE BUSINESS COMMUNITY.
WE DO HAVE A CLEAN ENERGY ALLIANCE BOARD OF DIRECTORS MEETING THIS COMING THURSDAY.
AND THEN OTHER THAN THAT, I HOPE YOU HAVE A GREAT REST OF YOUR WEEK.
SATURDAY, OCTOBER 5TH, 24 BETWEEN 10 A.M.
CITY OF CARLSBAD'S PUBLIC SAFETY OPEN HOUSE.
IT'LL BE AT THE SAFETY TRAINING CENTER, 2750 ORION STREET IN CARLSBAD.
EXCUSE ME. WHAT? I FORGOT TO SAY HAPPY BIRTHDAY, COUNCIL MEMBER ACOSTA.
[CITY MANAGER COMMENTS]
GREAT. THANK YOU. AND I JUST WANT TO RECOGNIZE THE STAFF THAT ENDED UP PROVIDING THE PRESENTATION TODAY.YOU DEALT WITH A LOT OF DIFFICULT INFORMATION.
AND AGAIN, JUST APPRECIATE THE TIME AND EFFORT THAT YOU'VE SPENT OVER THE LAST SEVERAL MONTHS.
BUT I REALLY THANK YOU FOR DOING YOUR JOB.
THANKS. CITY ATTORNEY, I WANT TO BUILD ON THOSE COMMENTS AND THANK THE COUNCIL.
[CITY ATTORNEY COMMENTS]
THIS WAS A DIFFICULT ISSUE, PROBABLY ONE OF THE MORE DIFFICULT ONES THAT I'VE SEEN YOU GRAPPLE WITH.THIS EASILY COULD HAVE DEVOLVED INTO, YOU KNOW, SOMETHING TERRIBLE TO WITNESS.
CITY CLERK, WE'RE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.