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[00:00:03]

IT'S 5:00. GOOD EVENING, AND WELCOME TO THE APRIL 2ND, 2025 PLANNING COMMISSION MEETING FOR THE CITY OF CARLSBAD.

MINUTES CLERK, WOULD YOU TAKE THE ROLL, PLEASE? COMMISSIONER MERZ. HERE. LET THE RECORD SHOW COMMISSIONER BURROWS AND COMMISSIONER LAFFERTY ARE ABSENT.

COMMISSIONER FOSTER. HERE. COMMISSIONER STINE IS ABSENT.

COMMISSIONER HUBINGER AND CHAIR MEENES. PRESENT.

OKAY. I'M GOING TO DO SOMETHING OUT OF ORDER TONIGHT. I'M GOING TO DO THE PLEDGE OF ALLEGIANCE FOR A CHANGE VERSUS ASKING SOMEBODY TO DO IT. SO STAND.

BEGIN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

OKAY. THE NEXT ITEM ON THE AGENDA IS THE MINUTES OF THE MARCH 19TH, 2025 MEETING.

[APPROVAL OF MINUTES]

ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THAT MEETING OF MARCH 19TH PLANNING COMMISSIONERS? OKAY. SEEING NONE, I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES OF MARCH 19TH.

CAN WE HAVE A MOTION? MOTION. COMMISSIONER FOSTER.

I'LL SECOND THE MOTION. OKAY. YOU MEAN WHO MADE THE MOTION? SORRY, I MAKE THE MOTION. OKAY. FOSTER MAKES THE MOTION.

AND. COMMISSIONER. OKAY. MAKES THE SECOND. PLEASE VOTE.

OKAY. THANK YOU. FOLLOWING PLANNING COMMISSION MEETING MINUTES.

PROCEDURES WILL BE IN EFFECT TONIGHT. CHAIR, IF WE COULD GET THE VOTE COUNT.

OH, IS IT DIDN'T HAPPEN. I'M SORRY.

WITH A SHOW OF HANDS FOR THOSE THAT APPROVE THE, COMMISSIONER MERZ AB STAINING, AND COMMISSIONER HUBINGER AND COMMISSIONER FOSTER SAY YES. AND I VOTED YES AS WELL. SO WE HAVE THREE YESES AND ONE ABSTAIN.

THANK YOU. OKAY. THE FOLLOWING PROCEDURES WILL BE IN EFFECT THIS EVENING.

REQUIRE THE REQUEST OF A TO SPEAK FORM WILL BE ON THE AGENDA, INCLUDING PUBLIC HEARINGS.

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

WILL ALLOW SPEAKER TIME TO BE MANAGED IN A MORE EFFICIENT MANNER PLEASE.

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

SPEAKERS MAY NOT GIVE THEIR TIME TO ANOTHER SPEAKER.

GROUP TIME MAY BE PERMITTED FOR ITEMS LISTED ON THE AGENDA.

THE REPRESENTATIVES MUST IDENTIFY THE GROUP, AND AT LEAST THREE MEMBERS OF THE GROUP MUST BE PRESENT DURING THE MEETING AT WHICH THE PRESENTATION IS BEING MADE. THOSE SPEAKING ON BEHALF OF A GROUP HAVE TEN MINUTES, UNLESS THE TIME IS CHANGED BY THE CHAIRPERSON.

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

COMMENTS MADE FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA.

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

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING BY PROVIDING COMMENTS AS PROVIDED ON THE FRONT OF THE AGENDA ITEMS. THE PLANNING COMMISSION WILL RECEIVE COMMENTS AS REQUESTED, UP TO A TOTAL OF 15 MINUTES IN THE BEGINNING OF THE MEETING.

ALL OTHER NON-AGENDA PUBLIC COMMENTS WILL BE HEARD AT THE END OF THAT MEETING.

IN CONFORMANCE WITH THE BROWN ACT NO ACTION CAN OCCUR ON NON LISTED ITEMS ON THE AGENDA.

MINUTES CLERK. DO WE HAVE ANY SPEAKER SLIPS NOT ON THE AGENDA? NO CHAIR WE DO NOT. OKAY. SEEING NONE, WE WILL BEGIN TONIGHT'S HEARING.

[1. THE ROOSEVELT - SDP 2024-0001 (DEV2024-0014)]

THE HEARING PROCEDURES THAT WE'RE GOING TO FOLLOW THIS EVENING ARE AS FOLLOWS.

IF ANYONE WILL DIRECT THEIR ATTENTION TO THE SCREEN.

I'LL REVIEW THE PROCEDURES THE COMMISSION WILL BE FOLLOWING. THE PUBLIC HEARING WILL BE OPENED.

STAFF WILL MAKE THEIR PRESENTATION. I GUESS IT'S NOT UP ON THE SCREEN.

DO WE WANT TO JUST PAUSE FOR A SECOND TO SEE WHAT'S GOING ON WITH THE TECHNICAL?

[00:05:04]

OKAY. THANK YOU. WE'LL CEASE.

ARE WE GOOD? WE CAN PROCEED. WE CAN PROCEED. OKAY.

THANK YOU SO MUCH. OKAY. THE PUBLIC HEARING. I'LL START OFF WITH THE ATTENTION TO THE SCREEN, WE'LL REVIEW THE PROCEDURES. THE PUBLIC HEARING WILL BE OPEN.

STAFF WILL MAKE THEIR PRESENTATION. THE PLANNING COMMISSION MAY ASK CLARIFYING QUESTIONS ON THE STAFF PRESENTATION.

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

THEY WILL HAVE TEN MINUTES FOR THEIR PRESENTATION.

THE PUBLIC TESTIMONY PERIOD WILL THEN BE OPENED.

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

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

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

THE COMMISSION COMMISSIONERS WILL THEN DISCUSS THE ITEMS AND THEN VOTE ON IT.

THE PUBLIC HEARING WILL THEN BE CLOSED THEREAFTER.

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

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

I'M NOW GOING TO OPEN UP THE PUBLIC HEARING ON ITEM NUMBER ONE.

BUT IN DOING SO, I WANT TO ASK THE MR. STRONG IF HE CAN MAKE A COMMENT OR TWO FOR US BEFORE WE START.

YES. THANK YOU CHAIR. THE COMMISSION HAS HISTORICALLY AFFORDED AS A COURTESY TO THE APPLICANTS TO HAVE THE WHOLE ITEM CONSIDERED BEFORE THE WHOLE BODY.

AND THIS EVENING WE HAVE THREE COMMISSION MEMBERS ABSENT.

SO AT THIS POINT, I'D LIKE TO ASK THE APPLICANT TO MAKE SURE THAT THEY'RE OKAY WITH MOVING FORWARD WITH THIS ITEM THIS EVENING WITH THE FOUR COMMISSION MEMBERS IN ATTENDANCE.

SO THE APPLICANT HAS AGREED TO CONTINUE MOVING FORWARD. SO I'LL INTRODUCE THE ITEM.

OKAY. THANK YOU. THIS AGENDA ITEM IS CALLED THE ROOSEVELT.

IT'S TO DEMOLISH AN EXISTING COMMERCIAL STRUCTURE AND CONSTRUCT A FOUR STORY MIXED USE BUILDING.

HERE TO PRESENT THE ITEM IS ASSOCIATE PLANNER KYLE VAN LEEUWEN.

AND BEFORE DOING SO, I JUST FOR THE RECORD, I WANTED TO POINT THIS OUT AS A CAVEAT THAT THIS IS THE FIRST ITEM FOR BUSINESS OR CONSIDERATION BY THE PLANNING COMMISSION THAT WILL INCLUDE THE SCOPE OF THE REQUEST, THE LAND USE DEVELOPMENT APPLICATION, AS WELL AS A CEQA CLEARANCE DETERMINATION FOR AN EXEMPTION.

SO THIS IS SOMETHING THAT'S NEW BEFORE THE COMMISSION.

AND IF THE COMMISSION HAS ANY QUESTIONS AT ANY POINT, PLEASE DIRECT TO STAFF OR THE CITY ATTORNEY'S OFFICE.

THANK YOU, MR. STRONG. THANK YOU. YES. THE ITEM BEFORE US TONIGHT IS THE ROOSEVELT MIXED USE DEVELOPMENT PROJECT. IT'S A REQUEST FOR A SITE DEVELOPMENT PLAN AS REQUIRED BY THE VILLAGE AND BARRIO MASTER PLAN.

THIS PROJECT SITE IS AT 2621 ROOSEVELT STREET.

IT IS A 0.46 ACRE SITE LOCATED WITHIN THE VILLAGE AND BARRIO MASTER PLAN AREA WITHIN THE VILLAGE, GENERAL DISTRICT OF THE MASTER PLAN, AND THE SITE IS NOT IN THE COASTAL ZONE.

THE PROJECT INCLUDES THE DEMOLITION OF A TWO STORY COMMERCIAL STRUCTURE, FOLLOWED BY THE CONSTRUCTION OF A NEW FOUR STORY MIXED USE STRUCTURE WITH 5,400FT² OF COMMERCIAL SPACE, 23 RESIDENTIAL UNITS. THE PROJECT INCLUDES TWO DENSITY BONUSES FOR 50% EACH, AND THE PROJECT INCLUDES A REQUEST FOR TWO CONCESSIONS AND EIGHT WAIVERS AS ALLOWED THROUGH CALIFORNIA DENSITY BONUS LAW.

THE PROJECT INCLUDES ON THE GROUND FLOOR FIVE TENANT SPACES, WHICH FACE A PEDESTRIAN ALLEY OR WALKWAY, A PLAZA, AS WELL AS A LOBBY AND ENTRANCE TO THE UPPER UPPER STORY UNITS, AND 24 RESIDENTIAL PARKING SPACES WITHIN A PARKING GARAGE.

THE SECOND STORY INCLUDES TWO OFFICE SUITES HAS TEN RESIDENTIAL UNITS, A COURTYARD OPEN COURTYARD TO FULFILL THE COMMUNITY OPEN SPACE REQUIREMENT, AND A BIKE STORAGE AREA AS WELL.

THE THIRD STORY OF THE PROJECT INCLUDES 13 RESIDENTIAL UNITS.

4 OF THOSE UNITS, WHICH ARE SHOWN HERE IN THE RED BOXES, HAVE UPSTAIRS ROOMS THAT EXTEND TO THAT FOURTH FLOOR.

SO UPSTAIRS ARE ROOMS AND BALCONIES FOR THOSE UNITS.

REGARDING THE DENSITY BONUS REQUESTED, WE'LL JUST GO THROUGH THE MATH ON THAT REQUEST.

THIS LOCATION IS ALLOTTED 23 DENSITY UNITS PER ACRE.

SO FOR THIS SITE, THAT WOULD EQUATE TO 11 BASE DENSITY UNITS.

THE FIRST DENSITY BONUS REQUEST IS FOR A 50% DENSITY BONUS IN FOR DEDICATION OF TWO UNITS FOR VERY LOW INCOME, WHICH IS 15% OF THE BASE. THIS PROJECT IS ALSO APPLICABLE TO A SECOND DENSITY BONUS, WHICH CAN BE ACHIEVED THROUGH

[00:10:09]

DESIGNATING TWO UNITS TO MODERATE INCOME HOUSEHOLDS.

AGAIN, 15% OF THE BASE. SO FOR THE 11 UNITS, 50% DENSITY BONUS COMES OUT TO 5.5, WHICH IS ROUNDED UP TO 6.

SO WE HAVE 11 BASE DENSITY UNITS, TWO SIX UNIT BONUSES WHICH REACH UP TO 23 UNITS AS PROPOSED.

PROJECT INCLUDES TWO CONCESSIONS OR INCENTIVES.

THE FIRST CONCESSION IS TO WAIVE THE REQUIREMENT FOR A REQUIREMENT THAT THE CURRENT WATER MAIN SERVICING THE PROPERTY BE UPSIZED FROM A SIX INCH WATER METER TO A WATER MAIN TO A EIGHT INCH WATER MAIN. THE SECOND CONCESSION IS TO WAIVE ALL COMMERCIAL PARKING REQUIREMENTS.

IT SHOULD BE NOTED THAT THIS PROJECT LOCATION IS WITHIN THE AB 2097 AREA, WHICH IS A HALF MILE FROM THE TRANSIT CENTER.

SO THIS PROJECT ALREADY HAD A SIGNIFICANTLY REDUCED COMMERCIAL PARKING REQUIREMENT TO BEGIN WITH.

FOR THE WAIVER OF DEVELOPMENT STANDARDS, THOSE REQUESTS INCLUDE A WAIVER OF THE FIVE FOOT MINIMUM FRONT SETBACK.

A WAIVER OF THE 35 FOOT THREE STORY HEIGHT LIMIT.

A WAIVER OF PARKING STALL DIMENSION REQUIREMENTS.

A WAIVER OF THE OBJECTIVE DESIGN STANDARDS WHICH PROHIBIT LARGE MIXED USE BUILDING TYPE IN THE VILLAGE GENERAL DISTRICT.

IT SHOULD BE NOTED THAT THIS GOES ALONG WITH THE HEIGHT WAIVER.

SMALL MIXED USE BUILDINGS WHICH ARE ALLOWED IN THE VILLAGE GENERAL DISTRICT ARE CAPPED AT 35FT.

SO FOR ALLOW FOR THIS PROJECT TO MOVE FORWARD, THIS WAIVER ALLOWED FOR A LARGE MIXED USE BUILDING TO GO ALONG WITH THAT ADDITIONAL HEIGHT THAT IS PROPOSED. THE WAIVER THE WAIVERS CONTINUE WITH A WAIVER OF OBJECTIVE DESIGN STANDARD, WHICH REQUIRE 50% OF THE BUILDING FLOOR AREA FACE THE PRIMARY STREET.

A WAIVER OF THE OBJECTIVE DESIGN STANDARD, REQUIRING 75% OF THE GROUND FLOOR WINDOWS TO FRONTAGE TO BE WINDOWS.

A WAIVER OF THE OBJECTIVE DESIGN STANDARDS REQUIRING UPPER STORY'S TO OCCUPY THE FULL GROUND FLOOR FOOTPRINT.

AND THE WAIVER OF THE OBJECTIVE DESIGN STANDARDS REQUIRING 90%.

EXCUSE ME. GLAZED TRANSPARENT SHOP FRONTS FACING THE STREET.

HERE ARE SOME RENDERINGS OF THE PROJECT. THE UPPER LEFT IS THE PRIMARY FACADE THAT WOULD BE SEEN FROM ROOSEVELT.

AS YOU CAN SEE, THERE'S A VEHICLE ENTRANCE ON THE LEFT THERE, MAIN ENTRANCE IN THE MIDDLE, AND ONE OF THE TENANT SPACES ON THE RIGHT SIDE OF THE MAIN BUILDING.

THAT LAST PORTION THAT YOU SEE FURTHER RIGHT IS SET BACK TOWARDS THE REAR OF THE PEDESTRIAN ALLEY TENANT SPACE ACCESS FROM THE PLAZA.

THE ELEVATION BELOW IS THE NORTH ELEVATION, WHICH WOULD BE SEEN FROM THAT PLAZA AREA THAT IS PROPOSED.

AND YOU CAN SEE WHERE THE UPSTAIRS PLAZA IS OR UPSTAIRS COURTYARD IS AS WELL ON THAT.

THESE LAST TWO RENDERINGS ARE FROM THE WEST ELEVATION AND BELOW IS FROM THE SOUTH ELEVATION.

AS MENTIONED THIS PROJECT INCLUDES A REQUEST FROM THE PLANNING COMMISSION TO VERIFY OR CERTIFY THAT THE PROJECT IS EXEMPT FROM REQUIREMENTS OF CEQA TO DO AN INITIAL STUDY.

AND STAFF HAS REVIEWED THE SCOPE OF THIS PROJECT AND THE APPLICABLE STUDIES PROVIDED BY THE APPLICANT, AND FINDS THAT THE PROJECT BELONGS TO THE CLASS OF PROJECTS THAT ARE CATEGORY EXEMPT FROM REQUIREMENTS OF PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR INFILL DEVELOPMENT PROJECTS.

AND IN TERMS OF HOW THE RESOLUTION WORKS THERE THIS IS A PORTION OF THE RESOLUTION, SO IT'S IN ORDER OF FIRST UNDER B, WE WOULD, YOU KNOW, MAKE THAT STATEMENT OF THE CEQA EXEMPTION.

AND THEN BELOW THAT WOULD BE THE RECOMMENDATION FOR APPROVAL IF PLANNING COMMISSION MOVES THE RESOLUTION FORWARD.

SO THE ORDER OF OPERATIONS IS ESSENTIALLY BAKED INTO THE RESOLUTION.

AND IT IS STAFF'S RECOMMENDATION TO ADOPT THE RESOLUTION RECOMMENDING APPROVAL OF THE SITE DEVELOPMENT PLAN BASED ON FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL.

THANK YOU. LET'S DO EX PARTE. COMMISSIONER MERTZ.

YES, I VISITED THE SITE. AND ALSO, TOO, I'M ACQUAINTED WITH THE APPLICANT JUST THROUGH MY WORK IN COMMERCIAL REAL ESTATE.

THANK YOU, COMMISSIONER FOSTER. I VISITED THE SITE.

I'M FAMILIAR WITH THE APPLICANT, BUT I DON'T KNOW THE APPLICANT OR ANYTHING.

COMMISSIONER HUBINGER. YEAH, I'VE BEEN THROUGH BY THE SITE, THAT'S IT.

AND I ALSO HAVE SEEN THE SITE AS WELL AND DROVE INTO THE SITE.

THANK YOU. WE DID RECEIVE ABOUT 2 OR 3 LETTERS IN REGARD TO THIS, I WANTED TO ACKNOWLEDGE THAT WE DID RECEIVE SOME LETTERS AND COMMENTS FROM THE PUBLIC. AND WITH THAT, COMMISSIONERS, DO YOU HAVE ANY CLARIFYING QUESTIONS FOR STAFF,

[00:15:01]

AT THIS POINT IN TIME? NOTHING. OKAY. COMMISSIONER WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION? OKAY. OKAY. IF YOU GIVE YOUR NAME AND THE COMPANY, WE'D APPRECIATE THAT.

YOU HAVE TEN MINUTES. OKAY, GREAT. BRENDAN FOOTE AND I'M THE PRINCIPAL MANAGING PRINCIPAL OF FABRIC INVESTMENTS, WHICH IS THE APPLICANT AND DEVELOPER OF THE PROJECT.

I STARTED THE COMPANY IN 2013. WE'VE BEEN OPERATING IN CARLSBAD VILLAGE FOR THE LAST DECADE.

THIS IS OUR EIGHTH PROJECT IN THE VILLAGE. SO MY TEAM AND I SPEND OUR DAYS ON STATE STREET IN THE VILLAGE, WALKING AROUND, FREQUENTING THE SHOPS AND CAFES.

WE'RE NOT, YOU KNOW, AN OUT OF TOWN GROUP. WE DO CARE A LOT ABOUT THE COMMUNITY AND THE NEIGHBORHOOD.

AND HOPEFULLY OUR BODY OF WORK OVER THE LAST DECADE SPEAKS TO THAT.

I HAVE A COUPLE OF SLIDES LATER THAT SHOW SOME OF THE PREVIOUS PROJECTS WE'VE DONE.

MOST OF OUR WORK IN THE VILLAGE HAS BEEN ADAPTIVE REUSE AS OPPOSED TO GROUND UP.

HOWEVER, I THINK FUNDAMENTALLY JUST GROUNDED IN TRYING TO DO WHAT'S BEST FOR THE NEIGHBORHOOD AND CREATE OPPORTUNITIES FOR THE COMMUNITY TO GROW IN A SUSTAINABLE WAY. I RECOGNIZE HAVING DONE THIS, YOU KNOW, FOR THIS FOR THE LAST DECADE THAT ANYTIME THERE'S CHANGE OR NEW DEVELOPMENT COMES SOME CHALLENGES AS WELL, AND I ACKNOWLEDGE AND READ THROUGH ALL THE LETTERS THAT CAME IN OR THE THREE LETTERS THAT CAME IN, YOU KNOW, WHICH HAD A PRETTY RESOUNDING THEME OF A PARKING CONCERN, WHICH I KNOW IS LIKE, YOU KNOW, THE PRIMARY CONCERN OF LATE REGARDING TO NEW DEVELOPMENT AND I ACKNOWLEDGED YOU KNOW, I THINK THIS IS NOT NECESSARILY AN URBAN ENVIRONMENT, BUT IT HAS URBAN QUALITIES TO IT.

AND I THINK FOR US, YOU KNOW, JUST HOPING THAT PEOPLE START TO EMBRACE MOBILITY A LITTLE BIT DIFFERENTLY.

MAYBE NOT PARKING RIGHT IN FRONT OF EVERYWHERE YOU WANT TO GO ALL THE TIME.

THE VILLAGE HAS A LOT TO OFFER. SO WE'D LIKE TO SEE PEOPLE, YOU KNOW, PARK A BLOCK AWAY AND FREQUENT SOME OTHER SPOTS.

BUT I'LL DO A QUICK, JUST QUICK PRESENTATION.

THIS KIND OF JUST THIS SLIDE JUST WALKS THROUGH THE BASICS OF THE PROJECT. I WON'T REITERATE WHAT KYLE HAS ALREADY DONE A NICE JOB TOUCHING ON WHICH IS THE UNIT COUNTS, ETC.. A COUPLE POINTS, YOU KNOW NOT TO SAY THAT IT ISN'T A FOUR STORY PROJECT, BUT PRIMARILY THIS IS A THREE STORY PROJECT AND WE HAVE A COUPLE UNITS THAT PUSH INTO THE FOURTH STORY. YOU KNOW, A LOT OF THE REASONS WHY WE HAD TO PUSH THE ELEVATIONS UP A LITTLE BIT WAS TO ACCOMMODATE FIRES CONCERN ABOUT GETTING A HOSE PULL OR FIRE ACCESS TO THE REAR SIDE OF OUR PROJECTS, SINCE THERE IS NO ALLEY AND WE'RE AN INTERIOR LOT.

SO, YOU KNOW, WE EMBRACED THIS CARD THAT WAS DEALT TO US.

AND YOU KNOW, THE MASTER, THE VILLAGE BARRIO MASTER PLAN IS SOMETHING THAT I'M VERY FAMILIAR WITH.

AND THERE'S A LOT OF EXCERPTS OUT OF THERE THAT I TRY TO EMULATE IN OUR PROJECTS, AND I TOOK IT AS AN OPPORTUNITY TO REALLY EMBRACE THE IDEA OF CREATING PUBLIC OPEN SPACE AND A PLAZA, A PLACE FOR PLACEMAKING EXPERIENCES, DIFFERENT THINGS LIKE THAT COULD ALSO DOUBLE AS A AS A UTILITARIAN FIRE LANE IN THE CASE OF AN EMERGENCY. BUT AS YOU CAN SEE, BASED ON WELL, THIS ELEVATION.

BUT WE ESSENTIALLY LOST ABOUT 12,000FT² OF FAR BY CREATING THIS PLAZA.

WHICH IS NOT SOMETHING I WILL COMPLAIN ABOUT NOW, BECAUSE I'M ACTUALLY A LOT HAPPIER WITH THE WAY THE PROJECT ENDED UP THAN MAYBE WHERE IT STARTED. BUT ULTIMATELY IT DID KIND OF CONDENSE OUR SITE AND FORCE US TO HAVE TO TO BULB UP A COUPLE OF THOSE UNITS.

IT DOES SEEM LIKE WE'RE ASKING FOR AN EXTRAORDINARY NUMBER OF WAIVERS.

BUT IF YOU ACTUALLY RUN THROUGH THAT LIST, I WOULD SAY 80% OF THEM ARE DRIVEN BY THIS AGAIN, THIS FIRE LANE THAT WE ESSENTIALLY HAD TO CREATE.

NAMELY, LIKE THE THE GLAZING ON THE GROUND FLOOR, OUR COMMERCIAL USES OR THE RESIDENTIAL ON THE SECOND AND THIRD FLOOR COVERING THE ENTIRE SITE OR THE FAR AREA. SO A LOT OF THIS WAS JUST A SINGLE CATALYST TO A LOT OF CHANGES THAT WE HAD TO ADOPT AND MAKE THE MOST OF.

GO TO THE NEXT SLIDE KYLE, THANKS. I WON'T GET TOO DEEP ON THE MATERIALITY, BUT HOPEFULLY, YOU KNOW, BY THE END WHEN I SHOW A COUPLE SLIDES OF PROJECTS THAT WE'VE DONE IN THE VILLAGE.

HOPEFULLY THE THE UNDERSTANDING AND CONSENSUS WILL BE THAT THAT WE DO CARE A LOT ABOUT DESIGN.

AND I KNOW ONE, ONE EMAIL FROM THE PUBLIC CAME IN WITH SOME CONCERNS ABOUT COLORS OF OUR SIDING OR COLORS OF THE BRICK.

BUT IT'S ALL GOING TO BE VERY THOUGHTFUL AND A VARIETY OF MATERIAL CHOICES.

SOMETHING THAT REALLY CREATES A UNIQUE PROJECT.

[00:20:05]

HERE YOU CAN, THIS WAS ALREADY SHOWN, BUT YOU CAN SEE WE'VE REALLY MAXED OUT THE AMOUNT OF PARKING THAT WE CAN PROVIDE WITHIN THE WITHIN THE GARAGE AREA.

AND THEN YOU CAN SEE THE PLAZA ON THE TOP, WHICH IS ABOUT 4,000FT² OF OPEN SPACE.

IF YOU'RE FAMILIAR, IT SOUNDS LIKE ALL OF YOU MADE A SITE VISIT.

JUST TO THE NORTH IS A FULL A FULL PARCEL THAT GOES FROM STATE TO ROOSEVELT, WHICH IS NOW WILDLAND.

AND THEN THE BACK IS LILO, THE NEW RESTAURANT THAT OPENS NEXT WEEK.

WE FELT LIKE THIS WAS A GREAT WAY TO GIVE A LITTLE BIT OF ARCHITECTURAL RELIEF TO A HOSPITALITY PROJECT RIGHT THERE.

IT'S ALREADY ENGAGING THE COMMUNITY, BRINGING PEOPLE IN.

WE'VE NOTICED ON STATE STREET OUR OFFICES ACROSS FROM [INAUDIBLE], JUST THE AMOUNT OF LIKE, NEW PEOPLE AND FAMILIES WALKING DOWN THE STREET.

YOU KNOW, MAYBE THEY PARK THREE BLOCKS AWAY, WALK INTO WILDLAND.

I DON'T KNOW, FOR FOR US TO SEE THAT KIND OF VIBRANCY AND ACTIVITY ON THE SIDEWALK IS SOMETHING THAT WE'RE EXCITED ABOUT.

WE THINK OUR LITTLE RETAIL PLAZA THAT ESSENTIALLY IS DESIGNED LIKE A MORE OF A EUROPEAN STYLE MARKETPLACE, WHERE WE HAVE A LOT OF SHOPETTES, YOU KNOW, THESE AREN'T GOING TO BE BIG WILDLAND TYPE TRAFFIC DRIVERS.

WE'RE TALKING ABOUT MAYBE A FLOWER SHOP OR, YOU KNOW, THINGS THAT SERVE THE NEIGHBORHOOD.

BUT BRINGING PEOPLE INTO THIS NICE OPEN AIR PLAZA AND THEN MAYBE THEY CAN WANDER OVER TO WILDLAND FOR LUNCH, THINGS LIKE THAT. THIS JUST DEMONSTRATES THE PROXIMITY TO THE TRANSIT STATION, WHICH WAS ALREADY TOUCHED.

WE'RE ABOUT 1,000FT AWAY. OBVIOUSLY, YOU KNOW, MY ASPIRATION FOR THE VILLAGE IS THAT PEOPLE DO START TO USE ALTERNATIVE MOBILITY AND MAYBE NOT BECOME SO CAR RELIANT. I KNOW IT'S A WAYS OUT FROM THAT, PROBABLY BEING FULLY ADOPTED, BUT I DO BELIEVE IN IN TOD DEVELOPMENT AND IN THESE KIND OF LIKE URBAN POCKETS.

I THINK IT'S IMPORTANT FOR PEOPLE TO EMBRACE OTHER, OTHER FORMS OF MOBILITY.

I WON'T READ THROUGH ALL OF THESE, BUT THESE ARE SOME LIKE CLIPS FROM THE MASTER PLAN THAT I KIND OF KEEP ON MY DESKTOP FOR EVERY PROJECT.

AND I FEEL LIKE DO TOUCH ON THE CONCEPT BEHIND THE ROOSEVELT.

A COUPLE JUST BEING TO EXPAND THE MIX OF RESIDENTIAL AND NONRESIDENTIAL USES PERMITTED IN THE NORTH PART OF THE VILLAGE ALONG ROOSEVELT, MADISON, AND JEFFERSON TO ALLOW ALLOW A RANGE OF USES IN THE VILLAGE TO PROVIDE FOR DAILY NEEDS OF NEARBY RESIDENTS, LOCAL WORKERS, TRANSIT COMMUTERS, INCLUDING GROCERY, SPECIALTY MARKET, FRESH PRODUCE, ETC..

PROMOTE INFILL DEVELOPMENT AND PRIVATE INVESTMENT IN A PROPERTY IN A WAY THAT PROMOTES AND ENHANCES THE CHARACTER OF THE VILLAGE, BUT PROVIDES FLEXIBILITY FOR GROWTH. YOU KNOW, WE THINK OUR PROJECT BEING TRULY MIXED USE WITH RETAIL, OFFICE AND RESIDENTIAL AND NOT TO MENTION THAT IT'S RESIDENTIAL FOR RENT.

FOR THOSE OF YOU, I MEAN, YOU GUYS SEE A LOT OF HOUSING PROJECTS IN THE VILLAGE.

YOU KNOW, AND I THINK IT'S GREAT THAT THE CONDO MARKET HAS FLOURISHED HERE, BUT IT'S LARGELY UNAFFORDABLE TO MOST PEOPLE.

AND THERE'S A LOT OF PEOPLE THAT DO WANT TO LIVE IN THE VILLAGE AND EXPERIENCE ALL THAT IT HAS TO OFFER, BUT YOU DON'T REALLY SEE A LOT OF FOR RENT HOUSING BEING BUILT. SO WE'RE LOOKING AT THIS AS A WAY FOR OTHER PEOPLE TO HAVE ACCESS TO THIS NEIGHBORHOOD.

AGAIN, WITH OUR LANDSCAPING PLAN, WHICH WILL BE EVEN FURTHER DEVELOPED REALLY WANT TO MAKE THAT PLAZA A REALLY EXCITING EXPERIENCE, SO LOOKING FORWARD TO ENHANCING THAT. HERE'S A FEW OF OUR PROJECTS IN THE VILLAGE.

STATE STREET COMMONS ON THE TOP LEFT. THAT WAS OUR ADAPTATION OF THE FORMER ANTIQUE MALL.

WE'VE DONE DIFFERENT OFFICES FROM TYRA'S HEADQUARTERS, WHICH IS A PUBLICLY TRADED COMPANY BASED IN CARLSBAD VILLAGE.

THE RESERVE ON THE TOP RIGHT, WHICH IS AN ICONIC OFFICE BUILDING AT THE NORTH END OF STATE STREET THAT WE JUST SORT OF REIMAGINED OVER TIME.

THE OLD BEACH CITY AUTO, THAT'S WHERE OUR OFFICES ARE KIND OF THE MIDDLE ON THE RIGHT.

PUTTING IN OUTDOOR PARKING LIFTS. JUST TRYING TO BE VERY CREATIVE.

AND AS YOU CAN SEE, A LOT OF OUR DEVELOPMENT IS REALLY BASED ON SCALE ONE AND TWO STORY DEVELOPMENT.

WE DO THINK THAT THE VARIETY OF SCALE IN THE VILLAGE IS SUPER IMPORTANT.

SO YEAH, THIS IS JUST ALSO TO HOPEFULLY SHOWCASE A LITTLE BIT OF OUR DESIGN AND MATERIAL CHOICES WHICH WILL BE CONSISTENT IN THIS NEW PROJECT.

THESE ARE PROJECTS THAT WE'VE DONE OVER THE LAST EIGHT YEARS THAT LARGELY HAVE BEEN VERY WELL RECEIVED BY THE NEIGHBORHOOD.

THAT'S IT FOR MY SHORT PRESENTATION 30 SECONDS TO SPARE.

THANK YOU. YEP. EXCELLENT PRESENTATION. COMMISSIONERS, ANY CLARIFYING QUESTIONS OF THE APPLICANT? COMMISSIONER? NO. OKAY. WE'LL OPEN. THANK YOU VERY MUCH, I APPRECIATE.

[00:25:04]

WE'LL OPEN FOR PUBLIC TESTIMONY AT THIS MOMENT IN TIME.

MINUTES CLERK ARE THERE ANY REQUESTS TO SPEAK? YES, CHAIR. THERE ARE TWO. OKAY. LAURIE ROBBINS, CAN YOU COME TO THE PODIUM? YEAH. SHE HAS HANDOUTS FOR YOU TO VIEW WHILE SHE'S SPEAKING.

OKAY. THANK YOU. OKAY. BEFORE YOU. YEAH. AS OUR MINUTES CLERK PROVIDES THIS INFORMATION, I WILL, I WILL. THANK YOU. HERE YOU GO.

EACH SPEAKER HAS THREE MINUTES TO MAKE THEIR COMMENTS.

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

A GREEN LIGHT MEANS SPEAK. YELLOW MEANS YOU HAVE ONE MINUTE, AND A BLINKING RED LIGHT MEANS YOU HAVE AND YOUR TIME IS UP.

COULD YOU PROVIDE YOUR NAME FOR THE RECORD, PLEASE? YES. LAURIE ROBIN. I'M A CARLSBAD RESIDENT IN THE VILLAGE.

AND GOOD EVENING, PLANNING BOARD. SO I THINK THAT, YOU KNOW, 2621 ROOSEVELT HAS SOME REALLY NICE FEATURES, AND THIS COMPANY HAS DONE SOME NICE PROJECTS IN THE VILLAGE.

I THANK THEM FOR INCLUDING ADA RAMPS, BICYCLE STORAGE, LOTS OF WINDOWS BRONZE FACIA, RETAIL COMPONENT, HEMLOCK SIDING, SCREENING ON THE ROOFTOP, MECHANICAL, AND AT LEAST SOME PARKING.

SO THANK YOU. BUT THE BULK OF MY CONCERNS ARE CONFINED MOSTLY TO THE CHOICE OF COLOR.

RECENTLY, SOME OF THE PROJECTS IN CARLSBAD HAVE INCLUDED STRONG COLORS THAT DO NOT BLEND WITH THE EXISTING ARCHITECTURE.

THE BRIGHT BLUES AND EVEN THE YELLOW PROPOSED ON THE UNION UNION BANK PROJECT CAN STAND OUT AS EXCEPTIONS AND ARE OFTEN A SUBJECT OF NEGATIVE COMMUNITY DISCUSSIONS.

THIS IS A LARGE BUILDING AND COLOR IS SUBJECTIVE.

HOWEVER, I THINK WE CAN AGREE IT IS BEST TO USE TRADITIONAL ARCHITECTURAL SHADES ON LARGE SURFACES THAT ARE PART OF A PERMANENT STRUCTURE AND TAKE INTO CONSIDERATION CONSIDERATION THE EXISTING SITE CONDITIONS.

THE EXISTING BUILDINGS AT THIS LOCATION, AS YOU CAN SEE IN THOSE PHOTOS, ARE MOSTLY LIGHT PASTELS OR WHITE.

THIS PROJECT IS RENDERED IN THE ELEVATIONS AS A DEEP BLUE, AND EVEN THAT LANDSCAPE SLIDE THEY PUT OUT UP ON THE SCREEN WAS LIKE A LIGHT BLUE. AND YOU CAN SEE THAT THAT'S NOT WHAT'S SPECKED IT'S A DARK, DARK GREEN PACIFIC SEAL TEAL, WHICH PRESENTS ITSELF AS BLACK IN NATURAL LIGHT.

REMEMBER, YOU'RE LOOKING AT IT IN FLUORESCENT LIGHT. IT'S COMPLETELY DIFFERENT IN THE SUNLIGHT.

THIS THIS, I THINK IS A IS A BIG DIFFERENCE FROM WHAT IS AROUND THIS PROJECT.

IN FACT, THE PROJECT THAT'S GOING NEXT TO IT IS ALL BEIGES AND WHITES.

OKAY. SO DO WE REALLY WANT THE VILLAGE TO THE RESIDENCES IN THE VILLAGE TO START BEING BLACK, GREEN, RED? THE THE CMU IS THE SHOT BLAST CMU, WHICH IS A NICE CHOICE, BUT THE COLOR VALLEY RED IS VERY RED. ALSO THE WHITE PAINT TROPICAL SAND YOU CAN SEE IN THOSE SAMPLES.

YOU'RE I'M SO SORRY. EXCELLENT PRESENTATION. I APPRECIATE THAT.

THANK YOU FOR COMING. MINUTES CLERK, WE HAVE A SECOND SPEAKER.

CRAIG RYLE. I'M SURE YOU HEARD THE THE LIGHTS; GREEN, YELLOW, RED.

I THANK YOU SO MUCH. ALRIGHTY. PROCEED. THANK YOU.

OKAY. FIRST OF ALL, THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK AND THANK YOU FOR YOUR PRESENTATION.

IT LOOKS LIKE A WELL THOUGHT OUT PROJECT, AND I FEEL BETTER ABOUT IT AFTER HEARING THE PRESENTATION THAN I DID WHEN I WALKED IN THE DOOR TO BE HONEST WITH YOU.

MY WIFE AND I ARE FAIRLY NEW TO CARLSBAD VILLAGE BUT WE ALSO CARE A LOT ABOUT HOW IT'S EVOLVING.

[00:30:04]

WE LIVE IN BEACHWALK NOW, WHICH IS IN THE SAME BLOCK, AND WE ARE MOVING ACROSS THE STREET TO THE ROOSEVELT, TO ROOSEVELT 9. BOTH SITES HAVE TWO PARKING SPACES FOR EACH UNIT.

AND SO YOU CAN TELL THAT MY BIGGEST CONCERN IS PARKING.

SO WE MOVED FROM ENCINITAS WHEN WE CAME HERE A FEW YEARS AGO.

AND ONE OF THE BIGGEST ADJUSTMENTS HAS BEEN HAVING VISITORS COME.

ESPECIALLY THOSE WITH HANDICAPS AND BEING ABLE TO FIND A PLACE TO PARK.

EACH PART OF THE VILLAGE IS UNIQUE AND HAS ITS OWN CHALLENGES, BUT ROOSEVELT STREET IN PARTICULAR IS DIFFICULT.

THERE'S HARDLY EVER A TIME WHERE YOU DON'T HAVE A PARKING ISSUE, AND IT CAN ACTUALLY BE DANGEROUS IF YOU'RE A PEDESTRIAN, BECAUSE THE CARS QUEUE UP RIGHT TO THE TO THE CORNERS.

SO YOU CAN TELL MY BIGGEST CONCERN IS NOT JUST THIS PROJECT, BUT THE THREE OTHERS THAT ARE ALSO BEING CONSIDERED.

AND THERE ARE PROBABLY MORE THAT I DON'T KNOW ABOUT WHERE THE YELLOW SIGNS ARE.

IN AGGREGATE, WE HAVE TO THINK ABOUT HOW TO SOLVE THE PARKING PROBLEM IN THAT PART OF THE VILLAGE, BECAUSE IT DOES NOT PERMIT HANDICAPPED PEOPLE IN PARTICULAR FOR FOR GETTING AROUND IN THE VILLAGE.

AND IT ALSO DOESN'T SUPPORT THE BUSINESSES THAT ARE THERE.

SO MY BIG MY BIGGEST CONCERN, I'M ONE OF THE PARKING PEOPLE IS SEVEN BUSINESSES WITHOUT ANY DEDICATED PARKING.

SO AGAIN, I SUPPORT DEVELOPMENT IN THE VILLAGE.

I THINK THIS PROJECT IS A CLEAR IMPROVEMENT OVER THE BUILDING THAT'S THERE NOW, FOR SURE, AND I SUPPORT THE THREE OTHERS THAT ARE BEING CONSIDERED.

OBVIOUSLY I'M INTERESTED IN MORE DETAILS ON THEM, BUT IN AGGREGATE, WE HAVE TO CONSIDER THE PARKING IN THAT PART OF THE VILLAGE.

IT'S JUST IMPRACTICAL AS IT IS RIGHT NOW AND IT'S LIKE I SAID, BORDERLINE DANGEROUS FOR PEDESTRIANS.

THANK YOU. THANK YOU, THANK YOU FOR COMING THIS EVENING.

WE APPRECIATE THAT. THAT WAS OUR FINAL SPEAKER.

THAT WAS THE FINAL SPEAKER. THANK YOU SO MUCH.

WOULD STAFF LIKE TO RESPOND AT ALL TO ANY COMMENTS BY THE COMMENTS MADE THIS EVENING BY OUR PUBLIC TESTIMONY.

I'M SORRY TO INTERRUPT. DO YOU WANT TO CLOSE THE PUBLIC TESTIMONY? OH. I'M SORRY. I'M SORRY. YES. THANK YOU. I KNEW I MISSED SOMETHING.

YES, I WILL CLOSE PUBLIC TESTIMONY AT THIS MOMENT IN TIME.

THANK YOU. WOULD STAFF LIKE TO RESPOND TO ANY COMMENTS MADE BY THE SPEAKERS THIS EVENING.

NOTHING SPECIFIC, BUT HAPPY TO IF THE COMMISSION WOULD LIKE.

OKAY. COMMISSIONERS, ANY FURTHER QUESTIONS OF THE APPLICANT OR STAFF? COMMISSIONER FOSTER? YEAH, I JUST HAVE A QUESTION ACTUALLY, FOR FOR THE CITY ATTORNEY'S OFFICE.

IS DOES DOES THE PLANNING COMMISSION HAVE ANY ABILITY TO COMMENT ON PAINTING OF A PROJECT? YEAH, I'M GOING TO ACTUALLY DEFER TO MR. STRONG.

THIS LAND USE DEVELOPMENT PROPOSAL IS SUBJECT TO OBJECTIVE DESIGN STANDARDS, AND THOSE ARE EFFECTIVELY PLACED IN THE VILLAGE AND BARRIO MASTER PLAN.

STAFF COMPLETED ITS COMPLIANCE CHECK FOR CONFORMITY WITH ALL THOSE POLICIES AND OBJECTIVE DESIGN STANDARDS, WITH THE EXCEPTIONS OF THOSE COVERED BY THE DENSITY BONUS REQUEST, THE ENUMERATED INCENTIVES AND CONCESSIONS AND WAIVERS, AND FOUND THAT THE PROJECT DID COMPLY WITH THE BALANCE OF THE OTHER POLICIES.

SO AT THIS POINT, THE PLANNING COMMISSION CAN MAKE RECOMMENDATIONS TO THE APPLICANT TO CONSIDER PROSPECTIVE CHANGES IN THE COLOR PALETTE THAT'S USED.

BUT SHOULD BE LIMITED AS BEING MORE SUBJECTIVE IN TERMS OF APPLYING IT AS A MANDATORY REQUIREMENT.

SO ON THE POSITION OF STAFF, WE WOULD RECOMMEND ACTING ON BEHALF OF THE APPLICATION THAT WAS SUBMITTED.

SINCE THAT HAS BEEN VERIFIED AS IN COMPLIANCE WITH THE VILLAGE AND BARRIO MASTER PLAN.

THANK YOU. AND I JUST GOT ONE FURTHER QUESTION FOR STAFF.

CAN YOU, SO SO PARKING HAS BEEN A REPETITIVE CONCERN FROM THE COMMENTS RECEIVED FROM THE PUBLIC.

CAN YOU EXPAND ON THE WAIVER OF PARKING REQUIREMENTS UNDER DENSITY BONUS LAW, AND SPECIFICALLY HOW THE

[00:35:01]

COMMERCIAL IS INCLUDED IN THAT? SURE. SO FOR MIXED USE PROJECTS THAT HAVE AT LEAST TWO THIRDS OF THEIR SQUARE FOOTAGE FOR RESIDENTIAL UNITS, IT QUALIFIES AS A HOUSING PROJECT.

AND SO ANY REQUIREMENTS OR STANDARDS PLACED UPON THAT PROJECT FOR THE STRUCTURE AND THEN THE PROJECT AS A WHOLE WOULD BE ELIGIBLE TO BE CONSIDERED AS FOR A WAIVER OR FOR A CONCESSION INCENTIVE.

SO FOR THIS PROJECT THAT WAS SOMETHING THAT WAS CONSIDERED BY THE APPLICANT.

I WILL GO AHEAD AND JUST SHOW THIS GRAPHIC, WHICH SO FOR THE VILLAGE OF BARRIO MASTER PLAN, THE IF THERE WAS NO IF THIS IF THIS WAS NOT A DENSITY BONUS PROJECT AND WAS NOT IN THE AB 2097 AREA, THE RESIDENTIAL UNITS WOULD REQUIRE 25 SPACES AND THE COMMERCIAL SPACE WOULD TENANT SPACES AND OFFICE WOULD REQUIRE 21 SPACES.

SO UNDER AB 2097, THE RESIDENTIAL REQUIREMENT WOULD BE 14 SPACES AND THE COMMERCIAL WOULD BE 5 THE APPLICANT HAS CHOSEN TO PROVIDE 24 SPACES FOR THE RESIDENTIAL AND HAS USED ONE OF THEIR INCENTIVES AND WAIVERS, WHICH ARE LIMITED UNLIKE WAIVERS, CONCESSIONS, AND INCENTIVES, THEIR LIMITED NUMBER HAVE DECIDED TO USE ONE OF THOSE TWO.

ESSENTIALLY REMOVE THE THE REQUIREMENT FOR THOSE 5 SPACES.

BUT YES, IT IS VALID. WE DID LOOK AT THAT TO SEE IF IT WAS A VALID INCENTIVE CONCESSION REQUEST, AND WE FOUND THAT IT WAS. THROUGH THE CHAIR, IF I MAY HELP PROVIDE SOME OTHER ADDITIONAL CONTEXT.

AB 2097 IS THE LATEST IN THE LINE OF A NUMBER OF LAWS THAT THE STATE LEGISLATURE HAS PASSED TO STRIP AWAY LOCAL CONTROL AND DISCRETION IN DECISION MAKING. IT WILL PROBABLY BE A NUMBER OF YEARS BEFORE CITIES ACROSS THE STATE OF CALIFORNIA CAN SEE THE FULL EFFECT AND THE IMPACT OF AB 2097 ON PARKING SYSTEMS. SO BOTH THE SUPPLY AND DEMAND OF OF ORIENTATION AND COORDINATION OF LAND USE AND TRANSPORTATION DESIGNS.

THE CITY OF CARLSBAD PERFORMS AN ANNUAL PARKING SURVEY OF ITS DOWNTOWN AND BEACH AREAS.

AND THAT IS PERFORMED IN JULY AND AUGUST OF EVERY YEAR.

THE ANTICIPATED IMPACT OF AB 2097 WILL PROBABLY BE FILTERED THROUGH THOSE PARKING SURVEYS.

SO WE AS A CITY CAN COLLECTIVELY UNDERSTAND THE PARKING SUPPLY AND THE UTILIZATION RATES AND HOW THAT MIGHT CHANGE OVER TIME, NOT ONLY THROUGH THE IMPACT OF AB 2097 PROJECTS, BUT ALSO DIFFERENT TECHNOLOGIES OR CHANGES IN BEHAVIOR OF MOTORISTS.

OR IF THE DOWNTOWN AREA BECOMES MORE OF A TRANSIT ORIENTED LOCATION IN THE CITY.

SO I THINK THAT'S GOING TO BE AN ONGOING CONVERSATION FOR POLICYMAKERS IN THE CITY WHEN THEY RECEIVE THOSE ANNUAL SURVEYS. IN THIS PARTICULAR CASE, NOT ONLY IS AB 2097 LIMITING THE DISCRETION OF THE CITY, BUT ALSO THE DENSITY BONUS ASPECT OF THIS PROJECT AND ELIMINATING ALL PARKING REQUIREMENTS, INCLUDING THE ELECTRIC VEHICLE AND ADA. SO AGAIN, THAT'S JUST SOMETHING THAT HAS BEEN TAKEN AWAY FROM THE JURISDICTION OF THE CITY TO CONTROL ON INDIVIDUAL PROJECTS, BUT PROBABLY THROUGH A MORE COMPREHENSIVE EVALUATION THROUGH ATTRITION AS MORE OF THESE PROJECTS COME ONLINE THE CITY CAN EVALUATE THROUGH ITS SURVEYS AND UNDERSTAND WHAT ACTIONS CAN BE DONE.

IN THIS PARTICULAR CASE PROJECTS THAT DO SEEK TO WAIVE ONSITE PARKING PROVISIONS MAKE USE OF PUBLIC OR PUBLICLY ACCESSIBLE PARKING. SO ONE THING THAT THE PLANNING COMMISSION CAN DO IS TO SUGGEST A ADDITION A CONDITION OF APPROVAL TO MAKE IT KNOWN THAT ANY FUTURE BUYERS OR SUCCESSORS OF THE INTEREST IN THE PROPERTY BE NOTIFIED THAT THE PUBLICLY ACCESSIBLE PARKING MAY NOT NECESSARILY BE GUARANTEED BY A RIGHT TO ALWAYS BE THERE.

THE CITY IS IN CONTROL OF ITS PARKING PROVISIONS, CAN IMPLEMENT A NUMBER OF SHORT TERM AND LONG TERM PARKING RESTRICTIONS.

SO THAT COULD BE SOMETHING THAT COULD BE ADDED JUST AS A NOTATION.

IT DOESN'T CHANGE THE NATURE OR DEVELOPMENT RIGHTS OF THE SITE.

BUT IT CAN BE AT LEAST BE LISTED ON THE NOTICE OF RESTRICTIONS SO THAT IF ANYONE BUYS A PROPERTY IN THE FUTURE, THEY KNOW THAT THEY MAY BE PURCHASING A PROPERTY THAT MAY NOT HAVE ACCESS TO PUBLIC SPACES.

SO I DON'T KNOW IF KYLE, IF YOU HAVE SOMETHING PREPARED THAT COULD ADDRESS THAT, BUT THAT THAT COULD BE SOMETHING THAT THE PLANNING COMMISSION CAN RECOMMEND TO BE ADDED THROUGH THE MOTION. AND AGAIN, IT DOESN'T CHANGE THE NATURE OF THE DEVELOPMENT PROPOSAL, BUT AT LEAST IS ON ON TITLE.

[00:40:02]

ESSENTIALLY IT WILL BE A NOTICE RESTRICTION ON THE PROPERTY AS WELL AS ALL THE OTHER CONDITIONS OF APPROVAL. SO IT SERVES AS A CAVEAT TO FUTURE BUYERS AND INTERESTS OF THE PROPERTY THAT THE THE RIGHT TO USE PUBLIC PARKING MAY NOT NECESSARILY ALWAYS BE THERE.

IF A FUTURE POLICYMAKER DECIDES TO DO SOMETHING DIFFERENT IN THAT PUBLIC SPACE.

CAN YOU CAN YOU REPEAT THAT CONDITION AGAIN? JUST A JUST A THAT WAS I DIDN'T ANTICIPATE SOMETHING LIKE THAT.

SO I'M JUST CURIOUS WHAT YOU SAID AGAIN. SO FOR JUST ABOUT EVERY PROJECT THAT GETS AN ENTITLEMENT WE HAVE A CONDITION THAT READS THAT THE DEVELOPER SHALL SUBMIT TO THE CITY A NOTICE OF RESTRICTION.

AND ESSENTIALLY THAT GOES ON THE TITLE ON THE PROPERTY.

SO IN A TITLE SEARCH YOU WOULD SEE THIS NOTICE OF RESTRICTION.

IT USUALLY JUST DISCLOSES THAT IN DISCRETIONARY APPROVAL WAS NEEDED TO APPROVE THE PROPERTY.

AND IF THEY WANTED TO CHANGE THE PROPERTY THAT ALSO MIGHT BE NEEDED. IN SOME CASES IT'S A CONDITIONAL USE PERMIT THAT ALLOWS THE USE IN THIS NOTICE OF RESTRICTION WOULD AGAIN DISCLOSE TO A FUTURE OWNER THAT THAT IS A SUBJECT TO THE PROPERTY.

SO FOR THIS THIS NOTICE OF RESTRICTION IS ALREADY A CONDITION WHICH FOR THIS PROJECT AND I WOULD STATE THAT IF THIS IS SOMETHING WE'RE INTERESTED, WE WOULD JUST ADD A SENTENCE TO THE END OF THAT CONDITION THAT SAYS THIS NOTICE SHALL INCLUDE DISCLOSURE THAT PUBLIC PARKING MAY NOT BE AVAILABLE AT THE SAME LEVEL AT THE, AT A FUTURE DATE OR SOMETHING ALONG THOSE LINES.

THANK YOU. YEAH. JUST TO MAKE IT CLEAR, THE INTENT IS JUST TO SHOW THAT THERE'S NO GUARANTEE THAT PUBLIC PARKING PROVISIONS WILL ALWAYS BE THERE.

EXCELLENT CLARIFICATION. THANK YOU, MR. STRONG.

COMMISSIONER HUBINGER. SO SO LET'S TAKE LET'S TAKE THE OPPOSITE OF THAT.

SO IF YOU DON'T HAVE THAT PROVISION, THEN WHAT YOU'RE SAYING IS THAT WHEN THEY WHEN OR IF THEY SOLD THE PROPERTY THAT THAT AND THE CITY DECIDED TO CHANGE THE PARKING REQUIREMENTS, THAT THE CURRENT PARKING REQUIREMENTS FOR THE PROPERTY WOULD CONTINUE WITHOUT, WITHOUT IT BEING CHANGED AS A RESULT OF THE CITY CHANGING. IT'S A CONFUSING STATEMENT. I'M EVEN CONFUSED BY IT.

I THINK, JUST TO CLARIFY, I DON'T THINK IT WOULD CHANGE THE PARKING REQUIREMENTS OF THIS PROJECT.

I THINK WHAT MR. STRONG WAS TRYING TO EXPRESS IS THAT IF A PROJECT IS DEVELOPED WITH NO COMMERCIAL PARKING SPACES, WITH THE THOUGHT THAT IT CAN RELY ON STREET PARKING OR, YOU KNOW, PUBLICLY AVAILABLE PARKING, THAT THIS DISCLOSURE WOULD SAY THAT PUBLIC PARKING MAY NOT ALWAYS BE AVAILABLE.

IT'S NOT NECESSARILY SOMETHING TO RELY ON OR TO BE GUARANTEED, AND IT REALLY DOESN'T CHANGE THE PARKING REQUIREMENTS OF THE DEVELOPMENT.

SO FOLLOWING THAT TRAIN OF THOUGHT, OKAY, SO WHAT YOU KNOW, I DON'T I DON'T UNDERSTAND.

SO THERE IS THERE IS NO PURPOSE OTHER THAN JUST LETTING PEOPLE KNOW THAT IF THEY'RE RELYING ON PUBLIC PARKING, IT MAY NOT NECESSARILY BE THERE. ALL RIGHT. BUT IT'S BASICALLY A NOTICE.

COMMISSIONER MERZ. SO SO I JUST ENVISION WHAT YOU'RE SAYING, MR. STRONG. SO FOR SO MY OLDEST DAUGHTER LIVES UP IN LOS ANGELES IN A, YOU KNOW, A NEIGHBORHOOD, I GUESS, SOMEWHAT SIMILAR TO THIS, BUT WITH NO COMMERCIAL ON THERE'S PERMIT PARKING.

SO ARE YOU SAYING THAT INSTEAD OF PUBLIC PARKING, IT MIGHT BE LIKE PERMIT PARKING OR SOMETHING VERSUS JUST THAT'S KIND OF WHAT WE'RE POTENTIALLY WHAT WE'RE LOOKING AT MAYBE IN THE FUTURE OR SOMETHING LIKE THAT. I THINK THROUGH THE ANNUAL PARKING SURVEY, THERE MIGHT ULTIMATELY BE A POINT WHERE THERE ISN'T ENOUGH PARKING SUPPLY FOR THE DEMAND, AT WHICH POINT, IF THERE IS INTEREST, THE POLICYMAKERS WILL DETERMINE WHETHER OR NOT TO PURSUE ANY RECOMMENDATIONS TO CHANGE THAT DYNAMIC.

OKAY. THAT COULD BE ONE REMEDY. THERE'S A LOT OF DIFFERENT INFLUENCES THAT GO INTO IT.

THIS IS A BUSINESS DISTRICT. SO WOULD I REASONABLY SEE STREETS BE RESERVED FOR RESIDENTIAL ONLY? I DON'T NECESSARILY THINK THAT COULD HAPPEN, BUT THERE COULD BE MORE LIMITED TIME STRATEGIES.

OFTEN METER PARKING IS THE MOST COMMON ONE. SURE I UNDERSTAND.

THANK YOU. MR. STRONG DOES HAS THIS HAS THE CITY HISTORICALLY IN YEARS PAST ALSO DONE AN ANNUAL PARKING STUDY OR IS THAT SOMETHING THAT IS NOW NEWLY IMPLEMENTED. I KNOW THAT THEY'VE BEEN RECURRING SINCE 2017.

I PRESUME THERE HAD BEEN SURVEYS COMPLETED PRIOR TO THEM, BUT I DON'T KNOW THE FULL RECORD.

I HAVE A QUESTION FOR MR. GELDERT. IN REGARD TO PUBLIC IMPROVEMENTS.

QUESTION FOR YOU, YOU KNOW, IN REGARD TO PUBLIC IMPROVEMENTS ON ROOSEVELT, ARE THERE ANY PLANS WHATSOEVER IN REGARD TO UNDERGROUNDING OR ANYTHING OF THAT

[00:45:05]

NATURE? AND OF COURSE, THIS APPLICANT, AS TO THEIR INVOLVEMENT WITHIN THAT.

WELL, SPECIFICALLY TO UNDERGROUNDING, THEY'RE THEY'RE NOT REQUIRED TO UNDERGROUND ANY EXISTING OVERHEAD LINES.

HOWEVER, ANY LINES, ELECTRICAL LINES THAT COME INTO THE PROJECT WILL BE UNDERGROUND, AND I'M NOT SURE IF THEY PROPOSED THEIR OWN TRANSFORMER. YEAH. SO THEY DO HAVE A THEY HAVE THEIR OWN TRANSFORMER THAT IS ON SITE, AND ANY ELECTRICAL LINES COMING TO THAT WILL BE UNDERGROUND.

I WAS NOTICING AS ONE OF THE ONE OF THE WAIVERS, I GUESS YOU COULD SAY IS IN REGARD TO THEIR WATER LINE TO THE PROPERTY FROM A SIX INCH, THE REQUIREMENT WOULD BE AN EIGHT INCH, BUT AS ONE OF THEIR WAIVERS, THEY'RE ASKING TO REMAIN AT A SIX INCH.

IS THAT CORRECT? CORRECT. THAT'S CORRECT. OKAY.

SO ANOTHER QUESTION I HAD, AND IT'S IN REGARD TO, AGAIN PUBLIC IMPROVEMENTS IN REGARD TO THE SEWERS WITHIN THE, WITHIN THE VILLAGE. WHEN YOU'RE LOOKING AT AND HAS THE CITY DONE ANY STUDIES OR ANTICIPATING STUDIES IN REGARD TO CAPACITY? IN OTHER WORDS, WITH THE, I GUESS, A NUMBER OF NEW IMPROVEMENTS, NEW CONSTRUCTION SITE IMPROVEMENTS, ETC. IN THE VILLAGE. WE'RE GETTING MORE UNITS IN THE VILLAGE.

AND SO THEY'RE LOOKING AT YOUR CAPACITY THAT WE HAVE IN SEWER AND IN AN OLDER NEIGHBORHOOD LIKE THE VILLAGE.

SO WHAT IS WHEN WE'RE LOOKING AT THE CAPACITY ASPECT OF IT, WHAT IS REMAINING AS TO WHAT THE CURRENT USAGE HAPPENS TO BE AND WHAT CURRENTLY THE I GUESS YOU COULD SAY SEWER LINES. WHAT IS THEIR CAP CAPACITY AND BEING ABLE TO HANDLE? HOW MUCH MORE? WELL, I DON'T HAVE THAT INFORMATION READILY AVAILABLE AS FAR AS ALL THE DIFFERENT AREAS, BECAUSE THERE'S DIFFERENT SEWER LINES AND DIFFERENT DIFFERENT CAPACITIES AND DIFFERENT AREAS.

THERE ARE SOME AREAS IN THE VILLAGE THAT ARE AT CAPACITY PER OUR STANDARDS, AND THERE ARE STUDIES BEING DONE BY OUR UTILITIES DEPARTMENT THAT ARE EVALUATING THAT AND EVALUATING PROJECTS TO INCREASE CAPACITY.

BUT WHEN WE LOOK AT THESE PROJECTS, WE'RE LOOKING AT BASICALLY CASE BY CASE.

OKAY. FURTHER QUESTIONS FROM STAFF. COMMISSIONER FOSTER.

YEAH. I MEAN, I GUESS JUST THE ACTUALLY, I HAD THAT QUESTION FOR STAFF VIA EMAIL ABOUT THE, THE SIX INCH, 6 INCH TO 8 INCH WATER LINE. I DON'T KNOW.

CAN I DIRECT THE QUESTION TO THE APPLICANT? CAN YOU JUST EXPLAIN THAT? BECAUSE AS A AS A NON DEVELOPER I JUST DIDN'T UNDERSTAND.

SO WE WERE REQUIRED TO DO SEWER AND WATER CAPACITY STUDY WITH THE CITY WITH PUBLIC WORKS FOR THIS PROJECT.

SO IT'S IT'S NOT AS IF WE SHOULD HAVE UPSIZED IT TO AN EIGHT INCH TO MEET OUR CAPACITY, OUR DEMAND.

WE WE SHOWED THROUGH OUR STUDY THAT WE DID IN CONJUNCTION WITH THE CITY THAT OUR DEMAND COULD BE MET WITH THE CURRENT INFRASTRUCTURE.

I DON'T KNOW ABOUT LIKE FORECASTING OUT I THINK WAS WHAT YOU'RE ASKING, THAT THAT WOULD NOT BE SOMETHING THAT OBVIOUSLY WE WERE LOOKING AT.

BUT WE WERE REQUIRED TO GO THROUGH THE PROCESS AND DO AN ACTUAL WATER AND SEWER CAPACITY STUDY FOR OUR PROJECT THAT SHOWED EXACTLY WHAT OUR NEEDS WERE GOING TO BE, THAT IT COULD BE ACCOMMODATED WITH THE CURRENT INFRASTRUCTURE THAT'S IN PLACE. THANK YOU.

CAN I JUST TOUCH ON JUST TO CLEAN UP A COUPLE OF THINGS? OUR COLOR PALETTE CHOICES, LIKE THE SPEC SHEET PAINT CALL OUTS, IS NOT FINALIZED.

OBVIOUSLY, YOU KNOW, IT'S A PROCESS. YOU PUT SAMPLES UP, YOU SEE WHAT'S LOOKING GOOD.

I WOULD BE I'D BE OPEN IF IF YOU WANTED TO ENGAGE WITH US A LITTLE BIT FURTHER WITH SOME OTHER SUGGESTIONS, BUT I TOOK TAKING THOSE CONSIDERATIONS INTO TO HEART.

AND, YOU KNOW, I'M NOT LOOKING TO CREATE A DESIGN THAT'S VERY LIKE STARK AND OFF PUTTING TO PEOPLE OR THAT STANDS OUT TOO MUCH.

BUT I ALSO THINK, LIKE, REALLY GREAT ARCHITECTURE AND DESIGN DOESN'T NECESSARILY MEAN THAT YOU'RE STAYING WITHIN THIS, LIKE, YOU KNOW, LITTLE PALETTE OF WHITE CREAM AND BEIGE.

SO I THINK IT'S SOMEWHERE IN BETWEEN. AND THEN JUST REALLY QUICK ON THE ON THE PARKING CONDITION.

MR. STRONG WAS POINTING OUT I DON'T THINK THAT, YOU KNOW, WE HAVE NO INTENTION TO SELL THE PROJECT, BUT FOR THE SAKE OF NOT CLOUDING OUR TITLE UNNECESSARILY, I DON'T THINK ANY BUYER WOULD PRESUME, UNLESS IT WAS NOTATED, THAT THE CITY WAS GUARANTEEING US PUBLIC PARKING IN THE STREET.

NO BUYER WOULD PRESUME THAT THAT PARKING WAS THERE FOR THEM ONGOING.

I DON'T THINK ANYONE WOULD PRESUME THAT THE CITY CAN'T CHANGE THEIR MIND ON WHETHER THEY WANT TO GO TO METERS, OR YELLOW OR GREEN OR RED OR BLUE ON PARKING.

SO I WOULD, I WOULD, I WOULD ASK THAT THAT NOT BE A CONDITION ONLY FOR THE SAKE OF UNNECESSARILY RAISING A RED FLAG THAT WOULD AT SOME POINT HAVE TO BE

[00:50:09]

RESEARCHED AND ARGUED, AND FOR NO, I DON'T REALLY UNDERSTAND THE REASON FOR THAT.

SO LET ME ASK YOU WHILE YOU'RE STILL AT THE PODIUM.

SO WHEN YOU GO TO NOT PROVIDING COMMERCIAL PARKING, IT'S ALL RESIDENTIAL.

GIVE ME A LITTLE BIT OF RATIONALE ON YOUR THOUGHT PROCESS THROUGH THE.

WELL, I WILL SAY SOME OF THIS STEMS FROM, YOU KNOW, GOING THROUGH OUR FIRST ROUND OF SUBMITTALS AND WORKING WITH FIRE TO THEN SORT OF REDESIGN AND ACCOMMODATE A 4,000 FOOT FIRE LANE. YOU KNOW, THAT SHRINKS THE THE BASE OF YOUR PODIUM QUITE A BIT, AS YOU CAN SEE, LIKE FOR THIS SIZE PROJECT, WHICH I KNOW IT'S BEING CLASSIFIED AS LARGE, BUT IN THEORY IT'S REALLY NOT THAT LARGE.

23 UNITS. TO GO A LEVEL UNDERGROUND WOULD BE COST PROHIBITIVE.

I MEAN, I THINK YOU'RE YOU'RE PROBABLY ALL AWARE OF FINANCING AND CONSTRUCTION COSTS AND HOW CHALLENGING IT IS TO ACTUALLY GET A PROJECT RIGHT NOW OUT OF THE GROUND.

SO, YOU KNOW, I THINK FIRST WE LOOKED AT POTENTIALLY GOING A LEVEL UNDERGROUND AND ADDING THAT ADDITIONAL PARKING.

IT ALSO CAN BE CHALLENGING CO-MINGLING RESIDENTIAL AND COMMERCIAL PARKING GARAGE.

USUALLY, YOU KNOW, RESIDENTS IN A BUILDING LIKE THIS, THEY WANT A SECURED ACCESS TO THEIR GARAGE.

AND IF YOU'RE JUST DRIVING IN TO GRAB FLOWERS AT THE 600 FOOT RETAIL STORE, YOU KNOW YOU HAVE TO KIND OF CREATE THAT BIFURCATION.

SO IT PRESENTS A LOT OF SIGHT CHALLENGES, AND WE DIDN'T HAVE A LOT OF SIGHT TO WORK WITH.

LOOK, I RECOGNIZE THE CHALLENGES, BUT I ALSO I'M SEEING A BEHAVIOR CHANGE IN THE VILLAGE.

WE'RE ON STATE STREET WE WATCH IT EVERY DAY. WE DON'T HAVE PARKING AT OUR OFFICE, NECESSARILY THAT ACCOMMODATES EVERY SINGLE CAR.

BUT PEOPLE ARE MORE RESOURCEFUL. I THINK THEY'RE PARKING TWO BLOCKS AWAY AND WALKING.

YOU KNOW, THE VILLAGE WE'RE BLESSED TO HAVE A PRETTY FLAT TOPOGRAPHY, A VERY NICE GRID SYSTEM, USUALLY DOUBLE LOADED STREETS WITH SIDEWALKS ON BOTH SIDES.

SO WHILE I THINK THERE CAN BE A LOT OF IMPROVEMENTS MADE BOTH PRIVATE AND PUBLIC IN TERMS OF PARKING I MEAN, YOU KNOW, THERE'S NEVER BEEN A STRUCTURE BUILT IN THE VILLAGE. I THINK YOU COULD GO TO METERS ON STATE STREET AND OTHERS.

RIGHT. LIMIT THE PARKING SO IT TURNS A LITTLE FASTER.

I THINK THERE'S A LOT OF SOLUTIONS, BUT AT THE END OF THE DAY, WE'RE IN A WE'RE IN A QUASI URBAN COASTAL NEIGHBORHOOD.

AND I THINK ONE OF ITS ULTIMATE SUCCESSES COULD BE THE THE DOWNFALL OF THE PARKING.

RIGHT. THAT'S GOING TO BE THAT'S GOING TO BE THE CONSTANT CHALLENGE AS THE VILLAGE IS MORE VIBRANT AND EXCITING, AND PEOPLE ARE GOING TO THE FARMER'S MARKET AND GOING TO THE NEW RESTAURANT OR MOVING INTO THE NEW CONDO PROJECTS AND WANT VISITORS TO COME AND VISIT THEM.

BUT THEIR CONDO PROJECT DOESN'T HAVE 20 VISITOR STALLS.

I THINK IT WILL FORCE PEOPLE TO ADAPT A LITTLE BIT.

RIGHT. I MEAN, WE HAVE A 500 STALL AND CTD LOT, WHICH JUST GETS UTILIZED BY THE PUBLIC.

YOU COULD PARK THERE AND WALK ALMOST ANYWHERE IN THE VILLAGE WITHIN TEN MINUTES.

SO I THINK IT'S, YOU KNOW, PEOPLE ARE UNFORTUNATELY GOING TO HAVE TO LEARN THAT YOU WON'T ALWAYS FIND A PARKING SPOT RIGHT IN FRONT OF WHEREVER YOU WANT TO GO.

AND THAT'S JUST INHERENTLY THE NATURE OF IT. WE HAVE 4,000FT OF RETAIL WITHOUT PARKING.

I, YOU KNOW, IF IT WAS LIKE A FULL COMMERCIAL PROJECT WITH, WITH NO PARKING, I WOULD, I WOULD COULDN'T PROBABLY SAY THAT IT WAS A SMART THING.

THANK YOU. APPRECIATE ANY FURTHER QUESTIONS OF STAFF OR THE APPLICANT.

COMMISSIONER MERZ? NO. I'VE BEEN ACTUALLY QUIET.

ALMOST ALL MY QUESTIONS HAVE BEEN BROUGHT BY THE OTHER COMMISSIONERS AND THE STAFF.

SO IT'S BEEN I'VE BEEN LISTENING MOSTLY BY. FORTUNATELY, EVERY QUESTION I WANT TO ASK HAS ALREADY BEEN ASKED AND ANSWERED.

SO THANK YOU. ANY OTHER FURTHER QUESTIONS OF STAFF OR THE APPLICANT? OKAY, THEN I'LL GO AHEAD AND AND WE'LL OPEN IT UP FOR COMMISSION DISCUSSION AT THIS POINT IN TIME.

WOULD YOU LIKE TO DISCUSS THE ITEM AND COMMENTS AND THINGS OF THAT NATURE? COMMISSIONER MERZ. I COULD GO FIRST. YEAH, IT'S USUALLY I DO BETTER WHEN I WRITE THINGS DOWN, BUT I DIDN'T HAVE I DIDN'T HAVE A CHANCE TO DO THAT.

BUT I REALLY ENJOYED THE PRESENTATION TODAY AS I LOOKED AT THE PACKAGE.

I DEFINITELY HAD SOME SERIOUS CONCERNS ABOUT THE PARKING, I STILL DO.

BUT I THINK THE APPLICANT HAS DONE A IN MY MIND, A VERY GOOD JOB OF EXPLAINING KIND OF THE MENTALITY AND THE THOUGHT BEHIND.

I THINK THE OTHER THING THAT LENDS SOME CREDIBILITY ON THIS ONE IS THE APPLICANT'S EXPERIENCE IN THE VILLAGE AND DEVELOPING OTHER PROJECTS IN THE VILLAGE AND IS ACTUALLY PRESENT WITH OFFICE THERE. SO AND THEN LASTLY, I THINK AS IT RELATES TO PARKING, I THINK I WAS A LITTLE SURPRISED BEING IN COMMERCIAL REAL ESTATE, THAT THERE'S NO PARKING ON THE COMMERCIAL, BUT ULTIMATELY THE MARKET SORT OF DECIDES, YOU KNOW, HOW HOW THOSE GET LEASED AND WHAT THEY GET LEASED OUT IN THE PARKING AFFECTS THAT.

AND SO I, YOU KNOW, UNDERSTAND THEIR ABILITY TO DO THAT AND THE MARKET TO DETERMINE THAT.

I THOUGHT IT WAS VERY INTERESTING THE APPLICANT'S STATEMENTS ON JUST THE, THE THE ADAPTION AND HOW THINGS ARE A LITTLE BIT IN EUROPE AND HOW THEY ARE HERE AND HOW

[00:55:02]

THINGS, YOU KNOW, MAY CAUSE A NECESSARY ADAPTION TO HOW PEOPLE DO THINGS.

I FOUND THAT WAS INTERESTING. SO AT FIRST AS I CAME INTO THE MEETING, I HAD SOME, YOU KNOW, STRONG CONCERNS ABOUT THE PROJECT.

BUT AFTER LISTENING TO THE PRESENTATION AND ALSO TO I WANT TO THANK THE PUBLIC FOR COMING OUT.

AND I THINK THAT BOTH ARE BOTH MEMBERS OF THE PUBLIC DID AN EXCELLENT JOB IN THEIR COMMENTS, AND I VERY MUCH APPRECIATE THEM. ALSO, THE LETTERS FROM THE GENTLEMAN THERE.

I THOUGHT THOSE WERE VERY WELL WRITTEN AND VERY WELL THOUGHT OUT.

BUT I THINK IN WHOLE I DO SUPPORT THE PROJECT AND I WILL, I WILL, I WILL BE VOTING FOR IT.

THANK YOU. COMMISSIONER FOSTER. YEAH. GREAT JOB AS ALWAYS TO STAFF AND THE APPLICANT AS WELL, LIKE REALLY GREAT PRESENTATION. I THINK JUST LIKE A LOT OF, YOU KNOW, WELL, NOT A LOT THE FEW COMMENTS WE RECEIVED VIA MAIL PARKING, YOU KNOW, I SHARE THE SAME CONCERN. HOWEVER, YOU KNOW, I THINK IT'S IMPORTANT FOR THE PUBLIC TO UNDERSTAND THAT THE IN THE EVENT THE PLANNING COMMISSION WERE TO VOTE AND CORRECT ME IF I'M WRONG, LIKE CITY YOU KNOW, ATTORNEY'S OFFICE. BUT IN THE EVENT THAT THE THE PLANNING COMMISSION WERE TO VOTE NO ON AN APPLICANT'S PROJECT LIKE THIS WHERE THEY'RE PROTECTED UNDER DENSITY BONUS LAW AND IN OTHER LAWS THAT WE WOULD BE PUTTING THE CITY OF CARLSBAD AT RISK FOR LITIGATION.

AND SO THAT'S VERY IMPORTANT FOR THE PUBLIC TO UNDERSTAND.

YOU KNOW, SOMETIMES THINGS GET EMOTIONAL WHERE IT'S, YOU KNOW, I WISH THERE WAS MORE PARKING.

AND I FEEL THAT THIS IS NOT QUITE RIGHT OR WHATEVER.

BUT AT THE END OF THE DAY, IT'S WE CAN'T IT'S NOT IN THE CITY'S BEST INTEREST FOR THE PLANNING COMMISSION, IN MY OPINION, FOR THE PLANNING COMMISSION TO VOTE NO AND THEN PUT THE CITY AT AT RISK OF LITIGATION.

JUST OUT OF A FEELING OR A THOUGHT, WE HAVE TO FOLLOW STATE LAW.

ALTHOUGH, YOU KNOW, MANY OF US MAY NOT AGREE WITH STATE LAW AT ALL TIMES, BUT THAT THAT GOES TO SACRAMENTO AND WHO YOU VOTE FOR AND WHO YOU PUT IN OFFICE AND WHATNOT. BUT OVERALL, YOU KNOW, LOOK, THE APPLICANT HAS DEVELOPED A LOT OF COOL PROJECTS IN THE VILLAGE AND IN OCEANSIDE, I'VE VISITED STATE STREET COMMENTS MANY TIMES.

JOAN, ACTUALLY AND THEN YOUR OTHER THE COLLECTIVE PROJECTS UP IN OCEANSIDE.

THE, THE THE APPLICANT HAS A GOOD HISTORY OF DEVELOPING GOOD PROJECTS IN BOTH CARLSBAD AND IN OCEANSIDE THAT I'M AWARE OF AS JUST A PERSON WHO LIVES IN CARLSBAD. SO AND I AND I APPRECIATE THE APPLICANTS OFFER TO CONNECT WITH THE COMMUNITY AS FAR AS PAINTING OR WHATEVER ELSE YOU KNOW IS PROPOSED. BUT ULTIMATELY, I SUPPORT THE PROJECT COMPLETELY.

AND ALSO, I DON'T, YOU KNOW, AFTER HEARING STAFF'S RECOMMENDATION AND THE CONDITION ON THE, ON THE TITLE AND THE CLOUD ON TITLE, I'M NOT I THINK IT'S THAT WOULD BE POINTLESS.

I DON'T SEE ANY. I THINK IT JUST. I THINK IT JUST CAUSED PROBLEMS FOR THE APPLICANT IN THE FUTURE WHEN THEY TRY TO SELL THE PROJECT ONE DAY AND INEVITABLY ALL REAL ESTATE CHANGES HANDS. SO I'M AGAINST THAT IDEA COMPLETELY. I THINK IT'S A PIGGYBACK TO YOU, TO YOUR COMMENT, COMMISSIONER FOSTER, AND I THOUGHT I READ THIS WITHIN ABOUT DENSITY BONUS MORE ON BEHALF OF THE OF THE PUBLIC MORE THAN ANYTHING ELSE.

AND IT'S GIVING A LITTLE BIT OF BACKGROUND THAT STATE DENSITY BONUS LAW ALLOWS A DEVELOPER TO INCREASE DENSITY, MEANING THE TOTAL NUMBER OF HOMES OR UNITS OR WHATEVER ALLOWED ON A PROPERTY ABOVE THE MAXIMUM SET BY THE CITY LOCAL LAND USE PLAN, WHICH IS OUR GENERAL PLAN BY AS MUCH AS 100%.

IN ADDITION, QUALIFYING APPLICANTS CAN ALSO RECEIVE REDUCTIONS IN REQUIRED DEVELOPMENT STANDARDS SUCH AS SETBACKS, HEIGHT LIMITS, WHICH IN THIS CASE IT IS. WHEN THOSE STANDARDS PREVENT THE APPLICANT FROM ACHIEVING THE DENSITY ALLOWED UNDER STATE LAW AND I THINK MR. STRONG MADE IT QUITE CLEAR AS TO THE THAT'S JUST ONE PIECE OF LEGISLATION HE'S MAKING REFERENCE TO.

OTHER TOOLS INCLUDE REDUCING OR NO PARKING REQUIREMENTS FOR CERTAIN PROJECT TYPES.

HERE WE ARE IN THE VILLAGE. WE HAVE THE THE TRANSPORTATION CENTER WITH THE COASTER AND WITH THE AMTRAK AND WITH THE BUSSES VERY, VERY CLOSE TO THIS PROJECT. IN EXCHANGE FOR THOSE BENEFITS, A CERTAIN NUMBER OF NEW DEVELOPMENT, NEW DWELLING DWELLING UNITS WITHIN THE DEVELOPMENT PROJECT MUST BE RESERVED FOR LOW INCOME HOUSEHOLDS.

THAT'S ALL PART OF THAT DENSITY BONUS. AND SO STATE LEGISLATION IS QUITE CLEAR AS TO OUR SITUATION THAT WE ARE IN, IN REGARD TO PROJECTS. AND THIS DEVELOPER HAS UTILIZED THE DENSITY BONUS AND INCLUSIONARY HOUSING AND HAS TAKEN ADVANTAGE OF THE WAIVERS AND THE, AND OTHER CONDITIONS THAT ARE AVAILABLE TO HIM TO BE ABLE TO DO SO.

SO BASED UPON WHAT YOU HAD SAID AND OF COURSE, MR. STRONG, WE REALLY DON'T HAVE A LOT THAT WE CAN DO IN REGARD TO ANY DENIAL IN THIS REGARD BECAUSE OF THEY ARE MEETING ALL

[01:00:09]

THE REQUIREMENTS BY STATE LEGISLATION THAT GOVERNS AND SUPERSEDES SOME OF THE, YOU KNOW, FOR EXAMPLE, THE VILLAGE MASTER PLAN OR OUR OUR GROWTH MANAGEMENT PLAN.

SO THAT'S THE DILEMMA THAT CITIES ARE IN TODAY WITH THE LEGISLATION.

COMMISSIONER HUBINGER. OKAY, I'LL WRAP IT UP.

WE NEED HOUSING. THAT'S THE FIRST AND FOREMOST.

WE ALWAYS WE NEED HOUSING. SO THIS IS IMPORTANT IN THAT REGARD.

THE APPLICANT HAS FULFILLED ALL THE REQUIREMENTS. THEY'VE DONE A GREAT JOB WITH THE PROJECT. THEY OWN THE LAND. THEY HAVE A RIGHT TO DO WHAT THEY THEY NEED TO DO. AND THEY FOLLOWED ALL THE LAWS. I THINK WE SHOULD STAY IN OUR LANE AND NOT PUT ANY SORT OF, YOU KNOW, LITTLE LITTLE HISSY FIT ON PARKING ON THE ON THE, THE TITLE OR WHATEVER WE APPROVE.

SO I INTEND TO APPROVE THE PROJECT. YEAH, I THINK ALSO THE PROJECT IS A GOOD PROJECT GIVEN THE SITE AND THE DESIGN OF THE PROJECT.

KIND OF PUTTING IN SOME COMMERCIAL AS A PART OF THE PROJECT AND HAVING IT BE MIXED USE.

I THINK IS GOING TO BE USEFUL GIVEN ITS CLOSE PROXIMITY TO ROOSEVELT AND STATE STREET.

SO I LIKE THAT AS WELL. SO WITH THAT, WE ANY FURTHER COMMENTS BY COMMISSIONERS? CAN I ASK A QUESTION OF ORDER? YOU MAY ORDER.

SO IN ORDER FOR IT TO PASS, ALL FOUR OF US BECAUSE OF HAVE TO HAVE TO APPROVE IT, RIGHT? THAT IS CORRECT. OKAY. AND THEN AND THEN THERE'S A HOW DO YOU OFFER THE AMENDMENT OR NOT THE AMENDMENT.

YEAH.

OKAY. SO BASICALLY WHAT WHAT WE WOULD HAVE TO DO FROM A, I GUESS YOU COULD SAY, A MOTION STANDPOINT.

I WOULD SUGGEST THAT WE BREAK IT UP FROM THE STANDPOINT OF MAKING REFERENCE, BECAUSE THIS IS OUR FIRST PROJECT THAT WE HAVE THE CEQA EXEMPTION RESPONSIBILITIES. SO THE MOTION, I THINK, NEEDS TO BE DETAILED IN THAT REGARD.

AND THE PROJECT AND THE MOTION WOULD BE BASICALLY PROJECT IS CATEGORICALLY EXEMPT FROM CEQA BECAUSE OF THE INFILL PROJECT THAT WE HAVE. AND THAT WOULD BE THE FIRST THING, ACKNOWLEDGMENT OF OUR CEQA RESPONSIBILITIES.

AND THEN SECOND OF ALL, WE HAVE A SITE DEVELOPMENT PLAN THAT WE WOULD HAVE TO APPROVE.

SO IN THE PAST WE'VE OFTEN HAD A MOTION THE PERSON GIVING THE MOTION WOULD OFTEN GO AHEAD AND SAY PER STAFF RECOMMENDATION, I THINK IT'S VERY IMPORTANT THAT TONIGHT WE BE A LITTLE BIT MORE CLEAR IN REGARDING TO REFERENCE TO THE, TO THE, TO THE SITE DEVELOPMENT PLAN AS WELL AS CEQA.

AND JUST SO I CAN YEAH. ATTORNEY WOULD YOU LIKE TO EXPAND ON THAT? RIGHT. I JUST THOUGHT I'D JUST OFFER YOU SOME MAYBE LANGUAGE THAT COULD BE HELPFUL.

SO FOR THIS, FOR THIS PROJECT, THERE'S ONE RESOLUTION.

AND THAT RESOLUTION COMBINES BOTH THE CEQA EXEMPTION AND THE APPROVAL OF THE SITE DEVELOPMENT PLAN.

SO WHAT YOU ALL ARE TASKED WITH TONIGHT, IF YOU SO APPROVE, IS TO ADOPT THE RESOLUTION, WHICH FINDS THAT WELL, LET ME REPHRASE THAT. ADOPT A RESOLUTION RECOMMENDING APPROVAL TO CITY COUNCIL TO FIND THAT THE PROJECT IS EXEMPT FROM CEQA THROUGH THE INFILL EXEMPTION AND TO APPROVE THE SITE DEVELOPMENT PLAN.

WITH ONE MOTION. WITH ONE MOTION. THANK YOU. I DIDN'T WRITE FAST ENOUGH TO CATCH ALL THAT, SO MAYBE ONE OF MY FELLOW COMMISSIONERS DID IF THEY WANTED TO. OKAY. GOT IT. THANK YOU. I CAN REPEAT OTHERWISE. THAT WAS VERY WELL SAID. DO YOU WANT TO GIVE THE MOTION? NO. I'M BEING I'M BEING FACETIOUS. YEAH. OKAY, SO AT THIS MOMENT IN TIME NO FURTHER DISCUSSIONS.

CAN I HAVE A MOTION THEN IN REGARD TO DISCUSSIONS THAT WE'VE JUST HAD? SURE. I'LL MAKE. YOU READY FOR THAT? YEAH. I'M READY.

I WROTE IT ALL DOWN, SO I'LL MAKE A MOTION TO APPROVE OR, I'M SORRY, A MOTION TO ADOPT A RESOLUTION TO RECOMMEND APPROVAL TO CITY COUNCIL THAT THE PROJECT IS EXEMPT FROM CEQA AND SITE DEVELOPMENT PLAN APPROVAL.

CORRECT? THAT'S CORRECT. I'LL SECOND THAT. OKAY.

MOTION BY COMMISSIONER FOSTER, SECONDED BY COMMISSIONER MERZ.

PLEASE VOTE. OKAY. FOUR ZERO. CONGRATULATIONS.

CONGRATULATIONS. THANK YOU. EXCELLENT PRESENTATION.

AND THANK YOU TO THE PUBLIC COMMENTS BY THE TWO INDIVIDUALS THAT CAME UP THIS EVENING.

WE APPRECIATE THAT. IT'S ALWAYS NICE TO HAVE YOU HERE.

AND THEN, CHAIR, ARE YOU CLOSING THE PUBLIC HEARING? YES. OKAY. THANK YOU. THAT'S GOING TO BE NEXT.

AND SO I WILL CLOSE THE PUBLIC HEARING AT THIS MOMENT IN TIME. THANK YOU.

[01:05:03]

OKAY. WITH THAT, I WOULD LIKE TO GO AHEAD AND HAVE A REPORT BY COMMISSIONERS, IF YOU HAVE ANY; COMMISSIONER F OSTER, COMMISSIONER MERZ, COMMISSIONER HUBINGER. NO REPORTS.

HOW ABOUT COMMISSIONER? HOW ABOUT THE CITY PLANNER? ANY COMMENTS?

[STAFF COMMENTS]

THE APRIL 16TH PLANNING COMMISSION MEETING IS CANCELED, SO WE'LL RECONVENE ON MAY 7TH.

MAY 7TH. OKAY. ATTORNEY. NO COMMENTS. NO COMMENT.

THANK YOU FOR YOUR ASSISTANCE THIS EVENING, BY THE WAY. THAT WAS VERY, VERY MUCH APPRECIATED.

OKAY. WITH THAT, WE'LL ADJOURN THE PLANNING COMMISSION MEETING OF AT EXACTLY 6:07.

* This transcript was compiled from uncorrected Closed Captioning.