[CALL TO ORDER]
[00:00:05]
>> GOOD EVENING. AND WELCOME TO THE OCTOBER 15, 2025 MEETING OF THE CITY OF CARVAD PLANNING COMMISSION.
MINUTES CLERK, WOULD YOU PLEASE TAKE THE ROLE?
>> COMMISSIONER BURROUGHS, WOULD YOU LIKE TO DO THE PLEDGE OF ALLEGIANCE FOR US THIS EVENING.
WE DO HAVE CITY COUNCIL MEMBER HOLDER WITH THIS EVENING.
WELCOME. THANK YOU FOR COMING THIS EVENING.
NEXT ITEM IS THE APPROVAL OF THE MINUTES OF THE SEPTEMBER 17, 2025 MEETING.
[ APPROVAL OF MINUTES]
ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE AUGUST TO THE SEPTEMBER 17, 2025 MEETING? COMMISSIONER LAFFERTY?>> COULD I REQUEST THAT WE PUSH THIS TO THE END OF THE AGENDIZED ITEMS, BECAUSE THERE'S SOME QUESTIONS I HAVE IT, AND I THINK IT WOULD BE APPROPRIATE TO PUT IT AT THE END, IF THAT'S POSSIBLE.
>> THAT'S FINE. WE CAN MOVE THIS TO THE END IF THERE'S WITH A MOTION.
WITH A MOTION. CAN WE HAVE A MOTION TO TRAIL THE SIDE UNTIL THE LAST OF THE MEETING?
>> MOTION BY COMMISSIONER LAFFEY.
SECONDED. COMMISSIONER MERZ. THANKS. PLEASE VOTE.
THIS EVENING TONIGHT IS THE PROCEDURES THAT ARE GOING TO BE IN EFFECT THIS EVENING.
WE WILL REQUIRE REQUEST TO SPEAK FORM FROM ALL ITEMS ON THE AGENDA, INCLUDING PUBLIC HEARINGS.
REQUEST FORMS MUST BE TURNED INTO THE MINUTES CLERK PRIOR TO THE ITEM COMMENCING.
ALL SPEAKERS WILL BE GIVEN 3 MINUTES UNLESS THE TIME IS REDUCED BY THE.
SPEAKERS MAY NOT GIVE THEIR TIME TO ANOTHER.
GROUP TIME WILL BE PERMITTED FOR ITEMS LISTED ON THE AGENDA.
THE REPRESENTATIVE MUST IDENTIFY THE GROUP AND AT LEAST THREE MEMBERS OF THE GROUP MUST BE PRESENT DURING THE MEETING FOR THE PRESENTATION TO BE MADE.
THOSE SPEAKING ON BEHALF OF THE GROUP HAVE 10 MINUTES UNLESS TIME IS CHANGED BY THE CHAIRPERSON.
MANS CLERK, WILL CALL THE NAMES OF THOSE WISHING TO SPEAK IN THE ORDER THE REQUEST TO SPEAK ARE RECEIVED.
THE BROWN ACT ALLOWS MANY MEMBERS OF THE PUBLIC TO COMMENT ON ITEMS NOT ON THE AGENDA.
[PUBLIC COMMENT]
MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING BY PROVIDING COMMENTS AS PROVIDED ON THE FRONT PAGE OF THE AGENDA.PLANNING COMMISSION WILL RECEIVE COMMENTS AS REQUESTED FOR A TOTAL OF 15 MINUTES. BEGINNING OF THE MEETING.
ALL OTHER NON AGENDA PUBLIC COMMENTS WILL BE HEARD AT THE END OF THE MEETING IN CONFORMANCE WITH THE BUTLER ACT, NO ACTION CAN OCCUR ON THESE ITEMS. MISS CLERK, DO WE HAVE A SPEAKER SLIP?
>> WE DO WE HAVE ONE. DAN BECK, WILL YOU COME TO THE PODIUM.
>> ONE SECOND, SIR. YOU HAVE THREE MINUTES AND I WILL GO AHEAD AND HAVE YOU GO AHEAD AND INDICATE YOUR NAME NOW?
>> DAN BACK, MY WIFE AND I MOVED TO CARLSBAD IN 2000 AND LIVED IN RANCHO CORE UNTIL 2022 WHEN WE MOVED DOWNTOWN.
WE WENT TO THE CARLSBAD CITIZENS ACADEMY IN EITHER 2001 OR 2002 AND WAS VERY IMPRESSED ABOUT HOW THE CITY RUNS THEIR BUSINESS.
I HAVE TWO ITEMS I WANTED TO TALK ABOUT TODAY RELATED TO DOWNTOWN.
THE FIRST ONE IS THE INTERSECTION OF GRAND AND MADISON.
WITH THE ADDITION OF THE NEW MARKET ON MADISON, WE'RE EXPERIENCING A LOT OF TRAFFIC AND IT'S AND WE WERE REQUESTING THAT EITHER A STOP SIGN, OR CIRCLE ROCK OR SIGNAL BE PLACED AT THAT INTERSECTION.
I HAD PREVIOUSLY MENTIONED THAT AND WAS UNDER THE UNDERSTANDING THAT THAT INTERSECTION WAS BEING REVIEWED FOR SOMETHING.
I HAVE A BOARD MEETING WITH THE H I AM A MEMBER OF THE HLR BOARD, AND WE HAVE A MEETING ON MONDAY AND I WOULD LIKE SOME SORT OF FEEDBACK ON THAT ITEM.
[00:05:05]
THE SECOND ITEM IS RELATED TO THE NOISE DOWNTOWN.PARTICULARLY GRAND AVENUE BETWEEN ROOSEVELT AND JEFFERSON.
AT NIGHT, THERE ARE RACE CARS GOING ON IN THE EVENINGS, ALL THE WAY UP TO THREE OR 4:00 IN THE MORNING.
THERE HAVE BEEN NUMEROUS COMPLAINTS MADE TO THE CITY RELATED TO THAT BY OTHER MEMBERS OF THE 11 CONDOS THAT I LIVE IN NOW.
IT'S MY UNDERSTANDING AND I MAY BE WRONG, BUT I'VE HEARD THAT THE NOISE ORDINANCE DOWNTOWN IS NOT ENFORCED, BECAUSE IT WOULD HAVE AN IMPACT ON THE MERCHANTS.
WITH THE ADDITION OF CONDOS GOING UP ALL OVER DOWNTOWN, I THINK IT'S BECOMING MUCH MORE OF A COMMUNITY WITH PEOPLE LIVING THERE THAN IT IS WITH MERCHANTS.
I DON'T HAVE A PROBLEM WITH BANDS PLAYING UNTIL 10:00, BUT THINGS AFTER THAT BECOME VERY NOISY AND BOTHERSOME TO US AS A COMMUNITY.
AS I SAID, YOU HAVE A MEETING ON MONDAY, I'D LIKE SOME FEEDBACK ON BOTH ITEMS. THANK YOU FOR YOUR ATTENTION.
>> THANK YOU FOR COMING THIS EVENING.
IF EVERYONE WILL TO DIRECT THEIR ATTENTION TO THE SCREEN, I'LL REVIEW THE PROCEDURES FOR THE COMMISSION MEETING THAT WILL BE FOLLOWED THIS EVENING.
PUBLIC HEARING WILL BE OPENED.
STAFF WILL MAKE THEIR PRESENTATION.
THE PLANNING COMMISSION MAY ASK CLARIFYING QUESTIONS OF THE STAFF PRESENTATION.
THE APPLICANTS WILL MAKE THEIR PRESENTATION AND RESPOND TO CLARIFYING QUESTIONS FROM THE COMMISSIONERS.
THEY'LL HAVE 10 MINUTES FOR THEIR PRESENTATION.
THE PUBLIC TESTIMONY WILL BE OPENED.
A TIME LIMIT OF 3 MINUTES IS ALLOTTED TO EACH SPEAKER.
AFTER ALL THOSE WANTING TO SPEAK HAVE DONE SO, THE PUBLIC TESTIMONY PERIOD WILL BE CLOSED.
THE APPLICANT AND STAFF WILL HAVE THE OPPORTUNITY TO RESPOND TO ISSUES OR QUESTIONS RAISED.
COMMISSIONERS WILL DISCUSS THE ITEM AND THEN VOTE ON THAT ITEM.
PUBLIC HEARING WILL THEN BE CLOSED.
CERTAIN PLANNING COMMISSION DECISIONS ARE FINAL, BUT MAY BE APPEALED TO THE CITY COUNCIL.
YOU CAN FIND ADDITIONAL INFORMATION ON THE BACK OF TONIGHT'S AGENDA.
COMMISSIONERS COMMISSIONERS, IT'S BEEN REQUESTED THAT THE DEPARTMENTAL REPORT AGENDA ITEM NUMBER FIVE BE MOVED AND BE THE FIRST ITEM TO BE HEARD THIS EVENING.
THEREFORE, MAY I HAVE A MOTION TO MOVE ITEM NUMBER FIVE, AGENDA ITEM FIVE TO THE FIRST ITEM ON THE AGENDA. MAY I HAVE A MOTION.
>> I'LL MOVE TO MOVE AGENDA ITEM FIVE TO ONE.
>> COMMISSIONER LAFFEY MAKES THE MOTION.
COMMISSIONER BURROS, YOUR SECOND?
MR. LARDY, WOULD YOU PLEASE INTRODUCE ITEM NUMBER FIVE?
[5. CITY COUNCIL LEGISLATIVE SUBCOMMITTEE UPDATE]
>> YES, THANK YOU, COMMISSION.
HERE TO GIVE AGENDA ITEM NUMBER FIVE IS COUNCIL MEMBER BURK HOLDER AND LEGISLATIVE AFFAIRS DIRECTOR JASON HABER.
>> THANK YOU FOR COMING THIS EVENING.
>> THANK YOU FOR HAVING US GOOD EVENING.
LET ME JUST GIVE ME A MINUTE HERE.
WELL, THANK YOU AGAIN FOR HAVING US.
I'M JASON HABER I'M THE CITY'S INTERGOVERNMENTAL AFFAIRS DIRECTOR, AND I'M HERE WITH COUNCIL MEMBER BURK HOLDER, TO PROVIDE YOU WITH A LEGISLATIVE UPDATE AND AN UPDATE ON THE WORK OF THE CITY'S LEGISLATIVE SUBCOMMITTEE.
WITH THAT, I'LL HAND IT OVER TO THE COUNCIL MEMBER.
>> YES, THANK YOU. I DIDN'T GET TO PRESENT TO PLANNING COMMISSION LAST YEAR, SO MY PARTNER IN THE LEGISLATIVE SUBCOMMITTEE COUNCIL MEMBER ACOSTA PRESENTED TO YOU.
THIS YEAR, WE'RE SWITCHING OFF, AND I'M HAY TO BE HERE TONIGHT, WHO HAS NOT HEARD THE PRESENTATION FROM WHAT THE LEGISLATIVE SUBCOMMITTEE DOES? EVERYBODY. YOU GUYS. THREE OF YOU, PERFECT.
IT'S NOT NEW FOR YOU, SO THAT'S GREAT IF ANY OF YOU THAT HAVE SEEN THE PRESENTATION WANT TO ADD SOMETHING, HAPPY TO HEAR THAT FEEDBACK, AND PLEASE FEEL FREE TO ASK QUESTIONS AS WE GO ALONG AND THERE WILL BE TIME AT THE END TOO. THANKS.
>> YES, TONIGHT'S PRESENTATION, WE'LL COVER AN OVERVIEW OF THE CITY'S INTERGOVERNMENTAL AFFAIRS PROGRAM.
WE'LL GO OVER THE LEGISLATIVE PROCESS AND THE CALENDAR AT THE STATE LEVEL.
WE'LL ALSO TALK THROUGH THE CITY'S LEGISLATIVE PLATFORM AND POSITION STATEMENTS THAT WE TOOK ON KEY BILLS THIS YEAR, AS WELL AS DISCUSS SOME OF THE FUNDING REQUESTS AND HOW WE DEVELOP THOSE ON BEHALF OF THE CITY YEAR AFTER YEAR.
THIS SLIDE PROVIDES YOU WITH AN OVERVIEW OF THE INTERGOVERNMENTAL AFFAIRS PROGRAM.
IT'S REALLY ROOTED IN TWO COUNCIL POLICY DOCUMENTS,
[00:10:01]
ONE CITY COUNCIL POLICY THAT LAYS OUT THE FRAMEWORK FOR HOW WE CONDUCT ADVOCACY ON BEHALF OF THE CITY.THAT'S LEGISLATIVE ADVOCACY AND REGULATORY ADVOCACY AS WELL AS BUDGET RELATED ITEMS, BOTH AT THE STATE AND FEDERAL LEVEL AND ON A MORE REGIONAL LEVEL AS WELL, COUNTY AND OTHER PARTNERING AGENCIES AS WELL.
IT'S ALSO GOT A CITY COUNCIL RESOLUTION THAT WAS ADOPTED, BOTH OF THOSE DOCUMENTS MOST RECENTLY, I THINK WE'RE UPDATED IN 2019.
THAT RESOLUTION CALLS FOR THE ESTABLISHMENT OF THE CITY COUNCIL'S STANDING LEGISLATIVE SUBCOMMITTEE.
THAT'S A SUBCOMMITTEE THAT MEETS MONTHLY HERE IN THE COUNCIL CHAMBERS, AS A COUNCIL MEMBER SAID, COMPRISED OF COUNCIL MEMBER BURKHOLDER AND COUNCIL MEMBER ACOSTA.
THROUGHOUT THE COURSE OF THE YEAR, THAT SUBCOMMITTEE IS TASKED WITH TRACKING AND KEEPING APPRISED OF LEGISLATIVE PROPOSALS THAT AFFECT THE CITY AND ADVISING STAFF ON HOW WE ADVOCATE AND POSITION ON BILLS THROUGHOUT THE YEAR.
IT ALSO CALLS FOR ESTABLISHING A LEGISLATIVE PLATFORM.
THAT DOCUMENT MAINTAINS POSITION STATEMENTS THAT ARE APPROVED BY THE CITY COUNCIL, REVIEWED AND UPDATED ANNUALLY BY THE LEGISLATIVE SUBCOMMITTEE AND LAYS OUT ALL OF THE POSITIONS THAT WE HAVE IN PLACE WHERE BILLS COME UP, WE'RE ABLE TO ACT ON THOSE QUICKLY, EFFICIENTLY.
IF WE FIND THAT THERE IS A PROPOSAL THAT ISN'T ADDRESSED IN THE CITY'S LEGISLATIVE PLATFORM, AND THE SUBCOMMITTEE DECIDES THAT IT'S WORTHWHILE FOR US TO TAKE A POSITION ON.
WE NEED TO GO BACK TO THE CITY COUNCIL AND GET THEIR BUY IN TO GO AHEAD AND ADVOCATE ON THE CITY'S BEHALF.
WE PARTNER WITH A COUPLE OF PROFESSIONAL ASSOCIATIONS, MEMBER ASSOCIATIONS, THE LEAGUE OF CALIFORNIA CITIES, AND THE NATIONAL LEAGUE OF CITIES THAT KEEP US UPDATED ON A BROAD HIGH LEVEL RELATED TO ISSUES THAT AFFECT CITIES ACROSS THE STATE AND ACROSS THE COUNTRY.
MORE TARGETED, WE EMPLOY BY CONTRACT, STATE LOBBYISTS AND FEDERAL LOBBYISTS THAT WORK IN SACRAMENTO AND WASHINGTON, DC ON BEHALF OF THE CITY.
WE ENGAGE REGULARLY WITH DEPARTMENT STAFF FROM DEPARTMENTS ACROSS THE ORGANIZATION TO GET THEIR INPUT AND EVALUATION ON BILL PROPOSALS THAT COME FORWARD, AS WELL AS IN DEVELOPING AND UPDATING THE PLATFORM EACH YEAR.
I THINK I MENTIONED THAT WE ADVOCATE ON LEGISLATIVE AND REGULATORY ISSUES, AND ALSO WITHIN THE INTERGOVERNMENTAL AFFAIRS PROGRAM, WE MAINTAIN A CONTRACT WITH A GRANT WRITER THAT'S AVAILABLE THROUGH THE CITY MANAGER'S OFFICE TO ALL CITY DEPARTMENTS ACROSS THE ORGANIZATION AND CAN HELP US BE AWARE AND SUBMIT FOR GRANT OPPORTUNITIES THAT COME AVAILABLE.
>> IF YOU LOOK UNDER INTERGOVERNMENTAL AFFAIRS, THERE'S SEVEN BULLET POINTS.
THAT'S JASON, HE'S THE DIRECTOR OF INTERGOVERNMENTAL AFFAIRS.
ALL THOSE SEVEN BULLET POINTS ARE ESSENTIALLY HIS JOB, BUT ALSO THERE'S A LOT OF OTHER STUFF HE DOES FOR THE DIFFERENT DEPARTMENTS, AND WE'LL TALK A LITTLE BIT ABOUT THAT LATER.
AS YOU MENTIONED, IN THE LEGISLATIVE AND REGULATORY ADVOCACY POSITIONS THAT WE HOLD, WE DO CONSIDER WATCHING BILLS, SUPPORTING BILLS, OPPOSING BILLS OR EITHER OF THOSE OR ANY OF THOSE THINGS IF AMENDED.
SOMETIMES LEGISLATION COMES BEFORE US AND WE THINK, WELL, THAT'S SOMETHING THAT WE COULD PROBABLY GET BEHIND, BUT LET'S SEE HOW IT FITS IN WITH THE CITY OF CARLSBAD.
WE WILL TAKE THAT INTO CONSIDERATION AT THE SUBCOMMITTEE.
THEN SOMETIMES WE WRITE LETTERS, RELATIVE TO WATCH SUPPORT OPPOSE, AND SOMETIMES WE PROVIDE TESTIMONY.
JUST THIS YEAR, I WENT TO SACRAMENTO TO TESTIFY AGAINST SB 79, WHICH YOU ARE ALL TOO FAMILIAR WITH.
WE'LL TALK ABOUT THAT A LITTLE BIT LATER TOO.
SOMETIMES WE DO DIRECT ENGAGEMENT, WHICH WOULD BE TRAVELING.
I TRAVEL TO DC ONCE A YEAR, AND I TRAVEL TO SACRAMENTO ONCE A YEAR, MAYBE TWICE DEPENDING ON WHAT'S GOING ON IN THE LEGISLATURE, WE ENGAGE WITH OUR COUNTERPARTS IN CONGRESS AND IN THE SENATE, IN THE ASSEMBLY, AND WE GET TO TALK WITH THEM AND BUILD THAT RELATIONSHIP.
A LOT OF THIS IS ABOUT BUILDING RELATIONSHIPS WITH OUR COUNTERPARTS IN SACRAMENTO AND DC, BECAUSE WE NEED TO ALIGN WITH WHAT THEIR GOALS ARE WHILE THEY'RE IN OFFICE, AND IF WE CAN DO THAT AND WE CAN HAVE THOSE CONVERSATIONS, WE CAN THEN SUPPORT THEIR LEGISLATION AND PERHAPS AND WE'LL GIVE AN EXAMPLE OF THIS TOO.
THE E-BIKE LEGISLATION, WENT THROUGH THAT THE CITY SPONSORED IS AN EXAMPLE OF THAT.
I KEEP WANTING TO SAY HORBATH.
SHE WAS REALLY INVOLVED IN THE E-BIKE LEGISLATION, AS YOU KNOW, AND THAT WAS SOMETHING THAT WAS HOT ON A TOPIC HERE.
THAT WAS A PERFECT COMBINATION OF HOW DIRECT ENGAGEMENT WITH THEM, HELP US GET OUR BILLS PASSED AND HELP US HERE IN CARLSBAD.
THAT WAS A BILL THAT WE SPONSORED.
THIS BRINGS YOU GUYS INTO THE FRAY HERE.
BILLS CAN BE SPONSORED BY THOSE FOLKS, BUT WE CAN CREATE WHAT WE WANT TO SEE HAPPEN THERE.
[00:15:02]
IF YOU HAVE SOMEONE COME TO YOU AND SAY THEY WANT SOMETHING IN PARTICULAR HAPPENING IN THE PLANNING DEPARTMENT OR WHATEVER IT IS, THEN WE CAN HAVE THAT VOICE FOR YOU ALL AND TAKE THAT BACK TO THE ASSEMBLY AND TO THE SENATE AND CONGRESS DEPENDING ON WHAT LEVEL WE'RE TALKING ABOUT, AND MAYBE SPONSOR SOMETHING THAT MIGHT GO THROUGH DEPENDING ON ALL THOSE OTHER THINGS THAT I MENTIONED BEFORE.OBVIOUSLY, WE HAVE REGIONAL PARTNERS THAT WE WORK WITH, THE COUNTY, SAN DAG, AND NEIGHBORING CITIES.
WE OFTEN, AS YOU WILL HEAR IN STAFF REPORT, TRY TO COMPARE AND ANALYZE WHAT OTHER CITIES ARE DOING VERSUS WHAT WE'RE DOING.
OBVIOUSLY, WE ALWAYS DO IT BETTER, BUT THOSE ARE DEFINITELY WAYS THAT LEGISLATIVE AND REGULATORY ADVOCACY WORK HERE AT THE LEGISLATIVE SUBCOMMITTEE LEVEL.
>> AS THE COUNCIL MEMBER MENTIONED, THE CITY HAS SPONSORED A NUMBER OF BILLS OVER THE LAST FEW YEARS.
OF ALL OF THE BILLS THAT YOU SEE AT THE TOP, SO FAR WE'VE HAD FIVE BILLS SPONSORED BY THE CITY AND FIVE BILLS SIGNED INTO LAW.
THAT'S A GREAT TRACK RECORD SO FAR.
I'LL JUST SAY THOSE BILL IDEAS CAN COME FROM ANYWHERE WITHIN THE CITY.
CITY ATTORNEY'S OFFICE, STAFF FROM ANY DEPARTMENT.
EVERY YEAR, AS I SAID, WE CONTINUOUSLY ENGAGE WITH STAFF, UNDERSTAND WHERE THERE ARE PAYING POINTS IN STATE OR FEDERAL LAW THAT COULD BE ADDRESSED WITH A CHANGE IN THE LAW.
SO JUST AS A GOOD EXAMPLE, THE CITY TRIES TO ADDRESS VERY COMMON SENSE PRACTICAL TYPE ISSUES.
THE FIRST YEAR, WE SPONSORED BILLS IN 2022.
WE ADDRESSED THE ISSUE OF THE FACT THAT OCEAN LIFEGUARDS THAT WORK HERE FOR THE CITY, UNDER THEIR CERTIFICATION, SUBJECT TO STATE LAW, WERE NOT QUALIFIED OR ALLOWED TO PROVIDE LIFEGUARD SERVICES AT CITY POOLS.
WE DIDN'T THINK THAT MADE A LOT OF SENSE, AND SO WE GOT A CHANGE IN THE LAW THAT ALLOWED THAT.
THE SECOND BILL YOU SEE THERE FOR OCEAN LIFEGUARDS RESPONDING TO A DROWNING VICTIM, LET'S SAY, IN THE OCEAN, UNDER STATE LAW, IF YOU'RE A CITY LIFEGUARD AND YOU'RE APPROACHING ON A PERSONAL WATERCRAFT, A JET SKI TYPE VESSEL, YOU COULD APPROACH TO WITHIN 200 FEET OF THAT PERSON, AND YOU WOULD HAVE TO SLOW TO FIVE MILES PER HOUR TO APPROACH FOR THE RESCUE FROM THAT POINT ON.
AGAIN, NOT REALLY SOMETHING THAT MADE A LOT OF SENSE.
SIMILARLY, ACROSS THE BOARD, WE TRY TO TAKE VERY PRAGMATIC APPROACHES TO SPONSORING NEW LEGISLATION.
WE DIDN'T HAVE ANY BILLS GO FORWARD THIS YEAR THAT WERE INTRODUCED.
A COUPLE OF THE ISSUES THAT WE RAISED WITH OUR LEGISLATORS WERE APPROACHING THROUGH A REGULATORY FIX AND OTHERWISE.
WE'LL SEE FOR NEXT YEAR, AT THIS POINT, WE'RE RIGHT IN THE PROCESS OF DOING DEEP DIVE MEETINGS WITH DEPARTMENTS ACROSS THE CITY, UNDERSTANDING WHERE THERE ARE PAIN POINTS FOR THEIR OPERATIONS AND PROPOSALS THAT WE MIGHT WANT TO PROPOSE TO OUR LEGISLATORS FOR AUTHORSHIP.
SOME OF THE IDEAS THAT CAME UP LAST YEAR AND WERE SIGNED OFF BY THE COUNCIL WERE ONE TO PROHIBIT SHORT TERM VACATION RENTAL TYPE USES IN ADUS OR IN PROJECTS AND UNITS THAT ARE BENEFITS OF DENSITY BONUS.
OTHERWISE, CLARIFYING AFFORDABLE HOUSING REPLACEMENT REQUIREMENTS TO APPLY INCLUSIONARY REQUIREMENTS ON TOP OF THAT AND FOR DENSITY BONUS PROJECTS.
EXPANDING THE ALLOWABLE USE OF BEDS AT LA POSADA SHELTER, WHICH EXISTS HERE IN CARLSBAD.
CURRENTLY 50 OF THOSE BEDS ARE RESTRICTED TO FARM WORKER USE ONLY.
WE'RE NOT SEEING THE DEMAND IN THAT POPULATION, AND SO A LOT OF THOSE BEDS SIT VACANT FOR A GOOD PART OF THE YEAR WHEN THEY COULD BE PUT TO BETTER USE. SURE.
>> LET ME JUST SAY A COUPLE OF THINGS ABOUT THAT.
ONE OF THE THINGS ALSO THAT HAS COME TO MY ATTENTION IS SOME REGULATORY NEEDS FOR SOBER LIVING HOMES AND THAT'S SOMETHING THAT I HAVE REACHED OUT TO SENATOR BLAKESPRE'S OFFICE ABOUT.
WE'RE GOING TO BE TALKING ABOUT THAT.
AS JASON MENTIONED, HE GOES AROUND TO EACH DEPARTMENT TO FIND OUT WHAT THEIR AREAS OF FOCUS NEED TO BE, AND THEN WE PUT TOGETHER WHAT I CALL A WISH LIST, A CHRISTMAS LIST, IF YOU WILL, AND IT'S COMING UP LATER IN THE PRESENTATION.
BUT THOSE ARE THINGS THAT YOU CAN HAVE INPUT ON.
IF YOU HAVE SOMEONE COME HERE AND TALK TO YOU ABOUT SOMETHING PARTICULARLY FRUSTRATING, IT NEEDS TO BE PASSED ON TO US SO THAT WE KNOW.
AGAIN, WE WANT YOU ALL TO PARTICIPATE IN THIS PROCESS AND THAT WAY EVERYBODY LIKES THE OUTCOME, USUALLY.
>> THIS IS AN OVERVIEW OF THE LEGISLATIVE CALENDAR AT THE STATE LEVEL.
NEW LAWS GO INTO EFFECT JANUARY OF THE YEAR.
THERE'S A COUPLE MONTH PERIOD WHERE LEGISLATORS HAVE AN OPPORTUNITY TO INTRODUCE NEW LEGISLATION.
ONCE THOSE BILLS ARE INTRODUCED, THEY GO THROUGH A POLICY REVIEW COMMITTEE IN THEIR HOUSE OF ORIGIN, COMING TO A DEADLINE WHERE THEY CROSS OVER.
IF THEY MAKE IT OUT OF THEIR HOUSE OF ORIGIN, THEY GO TO THE SECOND HOUSE FOR THEIR REVIEW.
[00:20:02]
ULTIMATELY COMING THROUGH A SUMMER RECESS AND BUDGET DEADLINE.A SECOND ROUND OF COMMITTEE REVIEW IN THE SECOND HOUSE, AND THEN ON TO THE GOVERNOR, SHOULD IT MAKE IT OUT OF THE SECOND HOUSE FOR HIS SIGNATURE OR VETO? THE CITY ENGAGES THROUGHOUT THAT PROCESS, BOTH IN TERMS OF PROPOSING NEW LEGISLATION AND THEN ADVOCATING DURING THE POLICY COMMITTEE REVIEW, AND ONCE IT MAKES IT TO THE GOVERNOR'S DESK FOR HIS SIGNATURE OR VETO.
AS I MENTIONED, WE'RE IN THAT PHASE RIGHT NOW WHERE WE'RE ENGAGING WITH DEPARTMENTS ACROSS THE CITY, UNDERSTANDING WHAT CAME UP FOR THEM IN THE PRIOR SESSION OR PRIOR YEAR OF THE SESSION, WHAT WE'RE ANTICIPATING COMING FORWARD IN THE NEXT YEAR, AND MAKING SURE THAT WE'RE PREPARED WITH LEGISLATIVE PLATFORM STATEMENTS AND/OR BILL PROPOSAL IDEAS TO ADDRESS THOSE ISSUES.
>> I THINK JUST TUESDAY OF THIS WEEK WAS THE DEADLINE FOR THE GOVERNMENT TO ACTUALLY SIGN THE BILLS INTO LAW OR VETO THEM, AND OF THE 2,000 THAT COME BEFORE, IT'S A RIDICULOUS AMOUNT OF BILLS, WHICH BILLS OUR LAWS ONCE THEY GET SIGNED.
THEN HE HAD ALREADY SIGNED LIKE 700 OR SOMETHING AND VETOED LIKE 300.
YOU CAN IMAGINE, HE'S PROBABLY NOT READING EVERY WORD OF EVERY BILL, BUT THAT'S JUST A LOT THAT HE HAS TO GET DONE BY 14 OCTOBER.
I THINK THAT'S THE DATE ANYWAY. MAYBE IT WAS THE 13TH.
A LOT TO DO IN OCTOBER FROM THE AUGUST RECESS OR SUMMER RECESS.
>> THIS IS A SIMPLE FLOW CHART THAT GIVES YOU AN OVERVIEW OF THAT PROCESS I JUST DESCRIBED.
REALLY, IT'S TWO PARALLEL PROCESSES DEPENDING ON WHICH HOUSE THE BILL IS INTRODUCED IN, IT'S REALLY THE SAME ON THE TOP AND BOTTOM, BUT IT DOES DESCRIBE THE POLICY COMMITTEE REVIEW, CROSSING OVER THE SECOND HOUSE AND THEN MAKING IT TO THE GOVERNOR FOR HIS CONSIDERATION.
>> THIS SLIDE TALKS ABOUT OUR LEGISLATIVE PLATFORM, BASICALLY THE GUIDING PRINCIPLES, AND YOU CAN SEE THE NUMBER ONE THING IS PRESERVE LOCAL CONTROL.
I'M SURE IF YOU'VE HEARD OF ANY LEGISLATION THAT HAS BEEN PASSED INTO LAW, YOU CAN SEE HOW THEY'RE CREEPING INTO LOCAL CONTROL EVERY CHANCE THEY GET.
I SOMETIMES SAY, WHY DO WE HAVE A COUNCIL BECAUSE THE STATE SEEMS TO KNOW HOW TO RUN CARLSBAD BETTER THAN WE DO, BETTER THAN THE PEOPLE THAT LIVE HERE? SO PRESERVE LOCAL CONTROL IS NUMBER 1, AND I'M NOT GOING TO READ ALL THAT.
MAINTAIN FISCAL RESPONSIBILITIES, OBVIOUSLY, VERY IMPORTANT.
WE WANT TO HAVE OUR SERVICE DELIVERY HIGH LIKE WE'RE USED TO AND EXPECT FROM CARLSBAD, AND THAT MEANS THAT WE HAVE TO BE PHYSICALLY RESPONSIBLE.
THEN PROTECT OUR QUALITY OF LIFE.
NOT MANY PEOPLE HAVE THE LUXURY OF LIVING IN ABOUT SEVEN MILES OF SURF.
WE HAVE THAT BEAUTIFUL QUALITY OF LIFE HERE AND WE WANT TO MAINTAIN THAT.
HOW WE DO THAT ARE BASICALLY OUR LEGISLATIVE PRIORITIES.
YOU CAN SEE THOSE FIVE THINGS ARE EXACTLY ALIGNED WITH OUR STRATEGIC PLAN, COMMUNITY CHARACTER, QUALITY OF LIFE AND SAFETY, SUSTAINABILITY IN THE NATURAL ENVIRONMENT, ECONOMIC VITALITY, AND ORGANIZATIONAL EXCELLENCE IN FISCAL HEALTH.
THOSE ARE IN NO PARTICULAR ORDER, BUT THEY ALIGN EXACTLY WITH OUR STRATEGIC PLAN, WHICH IS A FIVE YEAR PLAN, WHICH WAS STARTED IN I BELIEVE 2019, SO WE'LL BE COMING UP ON REVISITING THAT AND EVERYONE SHOULD HAVE INPUT TO THAT AND SPEAK TO EACH OF THOSE PRIORITIES.
>> YES. WE GIVE OUR LOBBYISTS THAT LIST AND MAKE SURE THAT THEY'RE KEEPING AWARE AND KEEPING US APPRISED OF ANY PROPOSALS THAT COME IN TO THOSE AREAS AND GIVE US THE OPPORTUNITY TO WEIGH IN.
THIS IS AN OVERVIEW OF HOW OUR LEGISLATIVE PLATFORM IS ARRANGED, AND YOU CAN SEE THE BROAD ARRAY OF ISSUES THAT WE ARE TRACKING AND MONITORING AND ENGAGING ON ON BEHALF OF THE CITY.
WE HAVE POSITION STATEMENTS IDENTIFIED WITHIN EACH OF THOSE AREAS HIGHLIGHTED IN BLUE, AS YOU CAN IMAGINE.
FOR THE PLANNING COMMISSION, A LOT OF THE POSITION STATEMENTS THAT WE HAVE THAT RELATE TO YOUR WORLD ARE UNDER ENVIRONMENTAL QUALITY, HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT, AND THEN SOME IN THE TRANSPORTATION AND PUBLIC WORKS ARENA AS WELL.
I'LL GO OVER A HANDFUL OF STATEMENTS JUST SO YOU CAN GET AN IDEA OF THE TYPES OF THINGS THAT ARE IN THERE.
AS THE COUNCIL MEMBER ALLUDED TO, FIRST AND FOREMOST, SUPPORTING MEASURES IN LOCAL LAND USE THAT ARE CONSISTENT WITH THE DOCTRINE OF HOME RULE AND THE LOCAL EXERCISE OF POLICE POWERS AND PLANNING AND ZONING, SUPPORTING LEGISLATION THAT PRESERVES THE AUTHORITY OF LOCAL AGENCIES TO REGULATE SHORT TERM VACATION RENTALS.
SUPPORTING LEGISLATION THAT ENABLES LOCAL AGENCIES TO ADDRESS ISSUES CONCERNING PUBLIC SAFETY AND PROPER MANAGEMENT OF GROUP HOMES.
ALSO, AS THE COUNCIL MEMBER MENTIONED, WE'LL BE DISCUSSING THAT ISSUE AS WE BRING FORWARD LEGISLATIVE PROPOSALS AND PLATFORM UPDATES TO THE SUBCOMMITTEE.
THAT MEETING WILL BE AT OUR NOVEMBER MEETING FOR THE SUBCOMMITTEE, WE'LL BE DISCUSSING ALL OF THE IDEAS THAT COME OUT OF THE CITY FOR NEW PROPOSALS AND PLATFORM AMENDMENTS.
AGAIN, THESE PLATFORM STATEMENTS REALLY COME AND ARE DERIVED FROM ISSUES THAT COME UP OVER THE COURSE OF A LEGISLATIVE SESSION
[00:25:01]
THAT WE LIVE AND LEARN FROM AND MAKE SURE WE DON'T WANT TO BE FLAT FOOTED AND BE ABLE TO RESPOND TO THOSE IF THEY COME UP AGAIN.SO WE'RE OPPOSING ANYTHING THAT DIMINISHES LOCAL AUTHORITY RELATIVE TO GROWTH MANAGEMENT, MAKING SURE THAT WE DON'T EXCEED CARRYING CAPACITIES AND PROVIDING ADEQUATE PUBLIC FACILITIES, SUPPORTING LEGISLATION THAT ENSURES THAT, AS I MENTIONED, UNITS CREATED UNDER DENSITY BONUS LAW AREN'T USED AS VACATION RENTALS.
SIMILARLY FOR ADUS, THAT THOSE PROJECTS AREN'T NECESSARILY REQUIRED TO RECEIVE DEVELOPMENT STANDARD WAIVERS OR CONCESSIONS OR DENSITY BONUS, THAT THOSE AREN'T USED FOR VACATION RENTALS EITHER.
WE SUPPORT A FORMULA BASED ARENA ASSESSMENT ALLOCATION METHODOLOGY THAT REFLECTS THE UNIQUE NEEDS AND PRACTICAL CAPACITY OF LOCAL COMMUNITIES.
WE SUPPORT EXEMPTING 100% AFFORDABLE HOUSING PROJECTS FROM SQA, WHILE CONTINUING TO MITIGATE EXPOSURE TO HEALTH AND SAFETY SET HAZARDS.
WE OPPOSE EXPANDING THE COASTAL COMMISSION'S AUTHORITY OVER STATE AND LOCAL HOUSING POLICY. LET'S SEE.
I'LL JUST MENTION A COUPLE MORE, CLARIFYING THE CITY'S ABILITY TO ENFORCE LOCAL INCLUSIONARY ORDINANCES ON TOTAL UNITS, INCLUSIVE OF THOSE OBTAINED THROUGH A DENSITY BONUS, SUPPORTING LEGISLATION THAT ALLOWS FOR LOCAL DECISION MAKING REGARDING PARKING REQUIREMENTS.
ALL OF THESE ARE AREAS THAT HAVE BEEN TOUCHED BY RECENT STATE LEGISLATION AND DIMINISHED IN ONE WAY OR ANOTHER, AS I'M SURE YOU'RE ALL WELL AWARE.
I THINK YOU GET THE GIST OF THAT.
SO I WILL JUMP ON TO WHAT WE SAW IN 2025.
THIS YEAR, JUST TO TRACK ON A NUMBER OF THEMES THAT WE SAW IN NEW LEGISLATION RELATIVE TO LAND USE PLANNING, TRANSIT ORIENTED DEVELOPMENT.
THAT'S THE BIG BILL THAT WE'LL BE TALKING ABOUT SB 79 AND ONE THAT WAS A POINT OF CONCERN STATEWIDE.
THAT PROVIDES FOR INCREASED HEIGHT AND DENSITY AROUND TRANSIT STATIONS.
WE SAW THEMES IN THAT BILL, PARTICULARLY AROUND DELEGATION OF LAND USE AUTHORITY TO TRANSIT DISTRICTS.
OBVIOUSLY, I KNOW YOU HAVE RECEIVED AN UPDATE AND DETAILED INFORMATION RELATED TO CHANGES IN SQA LAW AND RELATIVE TO SQA EXEMPTIONS THAT WERE ENACTED WITH BUDGET TRAILER BILLS THIS YEAR.
>> I JUST SAY SOMETHING ABOUT DELEGATION OF LAND USE AUTHORITY TO TRANSIT DISTRICTS BECAUSE WE HAD A DEVELOPER THAT WANTED TO BUILD AROUND THE NCTD HERE IN THE VILLAGE.
THEN NCTD DECIDED THAT THEY WANTED TO DO IT, THEN THE DEVELOPER GIVES IT BACK OVER TO NCTD.
THEN THEY REALIZE, HEY, WE'RE NOT IN THE BUILDING BUSINESS.
WE NEED TO PUT THIS OUT AGAIN SO SOMEONE CAN DEVELOP THIS BECAUSE THEY SEEM TO HAVE THOUGHT THAT YOU COULD JUST THROW UP AN APARTMENT COMPLEX THERE AND IT WOULD BE FINE, BUT THERE'S A LOT THAT GOES INTO THAT.
THAT'S REALLY IMPORTANT IF THE STATE WANTS TO DELEGATE TO NCTD ENTITIES LIKE THAT, THEN THEY NEED TO HAVE THEIR OWN DEVELOPMENT DEPARTMENT AND YOU CAN'T JUST PUT SOMETHING IN THEIR LAP AND EXPECT THEM TO DO SOMETHING WITH IT, THAT MAKES SENSE FOR THE COMMUNITY.
SO I JUST WANTED TO TOUCH ON THAT FOR A SECOND.
>> THANK YOU. ALSO ADOPTED WITH THE BUDGET TRAILER BILLS, WE SAW ENACTED AND INCLUDED A BILL THAT WAS PROPOSED THAT WOULD PROHIBIT ADOPTION OF NEW BUILDING STANDARDS OVER AND ABOVE THE STATE BUILDING CODE.
WE SAW A VARIETY OF MEASURES RELATED TO PERMIT STREAMLINING AND LIMITING FEES THAT THE CITY IS ABLE TO COLLECT FOR NEW DEVELOPMENT.
A COUPLE OF ITEMS THAT WE DID SUPPORT, AND I'LL TOUCH ON IN A MOMENT.
WE SAW BILLS THAT WOULD LIMIT OR NOT REQUIRE THE CITY TO OFFER INCENTIVES OR CONCESSIONS FOR VISITOR SERVING OR COMMERCIAL USES, PARTICULARLY HOTEL AND MOTEL DEVELOPMENT PROJECTS THAT INCLUDE HOTEL OR MOTEL USES.
THEN FINALLY, PLANNING FOR ACUTELY LOW INCOME HOUSING, SERVING OUR HOMELESS POPULATION PRIMARILY.
SOME OF THE BILLS THAT WE SAW THIS YEAR THAT WERE OF INTEREST TO THE CITY, SB 79, I HOPE YOU'RE ALL FAMILIAR WITH THAT TO SOME DEGREE.
THAT BILL THE CITY OPPOSED THROUGHOUT THE PROCESS, WRITING LETTERS TO COMMITTEES AND THE AUTHOR, AND ULTIMATELY A VETO REQUEST LETTER TO THE GOVERNOR.
THAT BILL HAS BEEN SIGNED INTO LAW.
WE CONTINUALLY AND CONTINUE TO REVIEW AND EVALUATE THAT BILL IN TERMS OF ITS APPLICABILITY HERE IN CARLSBAD.
THERE WERE SOME LATE AMENDMENTS.
THE BILL WENT THROUGH, I THINK OVER 10 AMENDMENTS THROUGH THE COURSE OF THE LEGISLATIVE SESSION.
THERE ARE SOME CROSS REFERENCES THAT WHEN YOU HAVE THAT MANY AMENDMENTS, THERE CAN BE SOME SLOPPY LEGISLATION WRITTEN.
THERE IS SOME CONCERN ABOUT SOME DEFINITIONAL CROSS REFERENCES THAT CALL INTO QUESTION, WHETHER THIS IS APPLICABLE IN CARLSBAD OR NOT.
THERE WERE LATE AMENDMENTS THAT ELIMINATED THE TIER OF TRANSIT STATION THAT WOULD OBVIOUSLY AND DIRECTLY APPLY TO THE CARLSBAD COASTAL STATION, BUT THERE STILL REMAINS A QUESTION OF HOW THAT IMPACTS HERE.
[00:30:02]
ULTIMATELY, THAT'S A BILL THAT PROPOSES MUCH HIGHER HEIGHT LIMITS AND HIGHER DENSITIES, AND A VERY LIMITED ABILITY FOR CITIES TO DENY PROJECTS IN PROXIMITY TO TRANSIT STATIONS.>> THAT BILL ALSO DOES NOT TAKE INTO CONSIDERATION ANY INFRASTRUCTURE.
IT'S AN UNFUNDED MANDATE ON THE CITY OF CARLSBAD TAXPAYERS, BECAUSE AS YOU KNOW, DISTRICT 1 IS THE OLDEST PART OF CARLSBAD, AND EVERY TIME SOMEONE REDEVELOPS HERE, THEY HAVE TO TAKE INTO CONSIDERATION WHAT'S UNDERGROUND.
THAT'S THE STUFF THAT WORRIES ME AT NIGHT, WHAT'S UNDERGROUND? THAT'S THE STUFF THAT WE ARE GOING TO HAVE TO PAY FOR IF WE CAN'T IMPOSE FINES ON OUR FEES RATHER ON THE DEVELOPER TO TAKE CARE OF THAT WHEN THEY'RE ACTUALLY IMPACTING WHAT'S UNDERGROUND.
BESIDES THE FACT THAT SB 79 WOULD ALLOW FOR 5-7 STORY APARTMENTS WITHIN A HALF MILE OF TRANSIT.
THAT'S JUST ANOTHER LIMITATION THAT WE HAVE AS A CITY OF NOT BEING ABLE TO FIGHT IT AND BEING IMPOSED UNFUNDED MANDATES.
IT'S NOT A FAIR BILL, AND IT'S REALLY A TRAGIC TRAVESTY THAT THE GOVERNOR SIGNED IT INTO LAW, AND I AM HOLDING OUT HOPE THAT OUR ATTORNEY'S OFFICE AND COMMUNITY DEVELOPMENT WILL FIND WAYS THAT WE ARE EXEMPT FROM IT, BUT AS IT SITS RIGHT NOW, WE JUST DON'T KNOW.
JUST TO EXPLAIN A LITTLE BIT ABOUT WHAT MR. HABER SAID.
HOW MANY TIMES THOSE TRIPS GO BY IN A DAY IS HOW THIS AUTHOR, ANTHONY WIENER AND SAN FRANCISCO MADE THIS MAKE SENSE FOR HIM.
THE COSTCO, LET'S SAY IT HAS 25 TRIPS A DAY, THAT WOULD BE ON A TIER.
YOU CAN ONLY BUILD FIVE STORIES BECAUSE YOU ONLY HAVE 25 TRIPS A DAY.
IT DOESN'T MATTER WHETHER THOSE TRIPS ARE CONVENIENT FOR US OR MAKE SENSE OR TAKE US TO COSTCO OR ANYWHERE FOR THAT MATTER.
IT'S JUST THE COSTCO GOING THROUGH OR WHATEVER GOING THROUGH CARLSBAD, HOW MANY TRIPS THAT MAKES.
NONE OF IT MAKES SENSE FOR CARLSBAD, BUT IT DOES, I SEE, MAKE SENSE FOR SAN FRANCISCO.
THAT'S A HEAVILY TRANSIT AREA, THAT MAKES SENSE.
THIS IS A HUGE EXAMPLE OF UMBRELLA LEGISLATION THAT DOES NOT FIT EVERYONE.
YOU CAN'T JUST PUT AN UMBRELLA OVER IT AND SAY IT WORKS FOR EVERYONE.
THAT'S WHY EVERY TIME ONE OF THESE THINGS COMES DOWN, YOU HAVE TO THINK, WHAT ARE THOSE FOLKS IN SACRAMENTO DOING? AND POINT BACK TO THEM EVERY TIME.
THAT'S ALL I HAVE TO SAY ABOUT THAT. I'M NOT HAPPY ABOUT THAT, AS YOU CAN TELL.
>> WE REMAIN HOPEFUL THAT THE LEGISLATOR'S INTENT WAS TO CARVE OUT CITIES LIKE CARLSBAD AND OUR TRANSIT SITUATION.
WE HAVE SUBMITTED THROUGH OUR LOBBYISTS A REQUEST TO THE AUTHOR FOR A LETTER TO THE JOURNAL TO CLARIFY HIS INTENT, AND SO WE SHOULD KNOW MORE ONCE WE RECEIVE THAT.
THE NEXT TWO BILLS YOU SEE HERE ARE BILLS THAT WERE INTRODUCED BY SENATOR BLAKESPRE, AND THEN ASSEMBLY MEMBER BERNER, BOTH OF WHICH THE CITY SUPPORTED.
THOSE GO TO LIMITING APPLICABILITY OF DENSITY BONUS LAW AND OTHER CONCESSIONS FOR HOUSING DEVELOPMENT PROJECTS THAT INCLUDE VISITOR SERVING AND COMMERCIAL USES.
THEY TAKE TWO DIFFERENT APPROACHES TO THAT, BUT ULTIMATELY GIVE CITIES MORE FLEXIBILITY IN TERMS OF HOW WE TREAT PROJECTS THAT INCLUDE THOSE TYPES OF ELEMENTS.
>> THE NEXT ARE A COUPLE OF BILLS THAT WERE INTRODUCED AROUND THE TOPIC OF ALCOHOL AND DRUG PROGRAMS. WHILE WE DON'T SEE A GREAT DEAL IN TERMS OF REGULATING AND LIMITING HOW THOSE ARE CITED AND OPERATED IN CITIES.
THESE GO A LITTLE MORE TO TRANSPARENCY AROUND REPORTING AND LICENSING OF THOSE FACILITIES WITHIN CITIES.
WE'VE SUPPORTED BOTH OF THOSE BILLS AS WELL.
AB 610 THAT WAS A BILL THAT WE OPPOSED, BUT WHICH WAS ALSO SIGNED BY THE GOVERNOR THAT REQUIRES LOCAL GOVERNMENTS TO INCLUDE A CHAPTER IN YOUR GENERAL PLAN THAT IDENTIFIES GOVERNMENTAL CONSTRAINTS TO HOUSING DEVELOPMENT AND PROHIBITS THE ADOPTION OF NEW OR AMENDED LAWS THAT WOULD BE DEEMED AS GOVERNMENTAL CONSTRAINTS TO HOUSING DEVELOPMENT.
AB 996 IS ANOTHER BILL THAT THE CITY SUPPORTED.
THAT GIVES US SOME FLEXIBILITY AND OPPORTUNITY TO USE ANALYSIS THAT'S ALREADY BEEN COMPLETED AROUND SEA LEVEL RISE TO INFORM AND PROVIDE THE NECESSARY ANALYSIS TO GO INTO SEA LEVEL RISE PLANNING DOCUMENTS REQUIRED BY THE STATE.
THEN FINALLY, SB 346, THAT IS A BILL RELATED TO SHORT-TERM VACATION RENTALS, REQUIRES A SHORT-TERM RENTAL FACILITATOR AND ALSO REQUIRES PLATFORMS TO POST ACTUAL LOCATIONS.
I THINK BY PARCEL NUMBER OF UNITS THAT ARE ADVERTISED ON THEIR SITES AS SHORT-TERM RENTALS, THAT GIVES US A GREATER ABILITY TO AUDIT AND COLLECT TRANSIT OCCUPANCY TAX AS WELL AS IMPROVE OUR ENFORCEMENT OPPORTUNITIES IN THAT AREA.
THE CITY SUPPORTED THAT BILL AS WELL.
[00:35:01]
>> THE CITY FUNDING REQUEST, EVERYBODY WANTS TO KNOW HOW THIS STUFF IS GETTING PAID FOR.
WE DO HAVE PRIORITY PROJECTS IN NEED OF FUNDING THERE.
LET'S JUST USE AN EXAMPLE, AND I'M NOT SURE IF THIS IS ACTUALLY ONE, EV CHARGING STATIONS.
THAT MIGHT BE SOMETHING THAT WE HAVE PRIORITY.
MAYBE WE HAVE MORE EV VEHICLES THAN WE CAN CHARGE AROUND HERE OR MAYBE IT'S FOR FLEET VEHICLES.
WE NEED TO FIND FUNDING FOR THAT.
WE NEED TO MAKE SURE WE'RE ALIGNED WITH STATE AND FEDERAL PRIORITIES FOR THE FUNDING SOURCE.
THIS IS WHAT I MENTIONED EARLIER, WHEN WE MEET WITH OUR LEGISLATORS AND WE TALK TO THEM ABOUT WHAT ARE THEIR PRIORITIES? HOW CAN WE ALIGN WITH YOUR PRIORITIES? YOU REMEMBER WHEN WE HAVE A $32 BILLION DEFICIT OR WHATEVER THAT? WELL, THAT YEAR, IT WASN'T A TIME TO SAY, LET'S BUILD A PARK.
IT WAS A TIME TO SAY, MAYBE WE CAN ENHANCE COMMUNITY BECAUSE WE'RE GOING TO NEED THE COMMUNITY SUPPORT MOVING FORWARD TO DO WHATEVER IT IS WE'RE DOING.
THAT'S WHERE WE ALIGNED WITH OUR LEGISLATORS.
IF YOU THINK ABOUT THE CHESTNUT UNDERPASS, THAT'S A GREAT EXAMPLE, OF A COMMUNITY ARTWORK, AND PARTNERING WITH CALTRANS AND SAN DAG TO ACCOMPLISH THAT; ONE OF OUR PARTNERS IN FUNDING.
THEN THE MULTI-YEAR EFFORT, DISCRETIONARY BUDGET APPROPRIATIONS, COMMUNITY PROJECT FUNDING, COMPETITIVE GRANTS, AND FORMULA ALLOCATIONS, ESPECIALLY WITH COMPETITIVE GRANTS.
WE DO, AS MR. HABER MENTIONED, HAVE LOBBYIST AT THE FEDERAL AND STATE LEVEL, AND WE ALSO HAVE A GRANT WRITER AND THEY HELP US TAILOR OUR GRANTS TO WHAT IS THE BEST CHANCE OF RECEIVING THAT FUNDING.
WE HAVE THE TRENCHING AND THE TRACKS IN THE VILLAGE.
EVERY YEAR, WE ARE TRYING TO GET ADDITIONAL MONEY TO FURTHER THAT STUDY OF WHAT THE ENVIRONMENTAL IMPACT IS AND THAT THE OTHER STUDY THAT YOU HAVE TO DO TO MOVE FORWARD WITH THAT PROJECT.
ONE OF THE SECTIONS OF FEEDBACK I RECEIVED WAS FROM SAN DAG AND HOW TO TAILOR THE GRANT TO MAKE SURE THAT LISTED AS A TOP PRIORITY ON OUR SIDE.
THEY GRANTOURS RECOGNIZE THAT IT'S VERY IMPORTANT TO THE CITY OF CARLSBAD.
THOSE ARE JUST EXAMPLES OF WORKING TOGETHER TO ACCOMPLISH WHAT WE NEED TO ACCOMPLISH TO SECURE SOME FUNDING HERE IN CARLSBAD, JUST LIKE EVERYBODY ELSE DOES.
>> THIS SLIDE GIVES YOU AN OVERVIEW OF THE PRIORITY PROJECTS THAT THE COUNCIL IDENTIFIED LAST YEAR TO BE TARGETING.
THESE ARE AREAS, WHERE THROUGH CONVERSATIONS WITH CITY STAFF, PUBLIC WORKS, WHO MANAGE OUR CAPITAL IMPROVEMENT PROGRAM, WE'VE IDENTIFIED PROJECTS THAT HAVE A FUNDING GAP AND A NEED.
WE GO OUT, WE DEVELOP THIS LIST WITH THE APPROVAL OF CITY COUNCIL.
WE'RE ABLE TO TAKE THAT INTO MEETINGS WITH OUR LEGISLATORS, IDENTIFY THOSE, SEE WHERE THERE'S ALIGNMENT WITH THEIR PRIORITIES FOR THE COMING YEAR, AND SEE IF WE CAN'T GET THEM TO ADVOCATE FOR A DISCRETIONARY ALLOCATION ON THE CITY'S BEHALF.
WE'VE BEEN SUCCESSFUL WITH THAT IN THE PAST.
WE'VE GOT SIGNIFICANT AMOUNTS OF FUNDING COMING TO US FOR VETERANS MEMORIAL PARK.
THIS YEAR, CONGRESSMAN LEVIN DID SPONSOR AS A COMMUNITY PROJECT FUND $1 MILLION ALLOCATION TO GO TOWARDS RAILROAD TRENCHING WITH THE FEDERAL GOVERNMENT APPROPRIATIONS PROCESS BEING STALLED AND UNABLE TO GO FORWARD AT THIS POINT.
THAT IS STALLED AS WELL, AND SO ONCE THAT'S RECONCILED, HOPEFULLY, WE'LL HAVE PATH FORWARD ON THAT ALLOCATION, COMING TO THE CITY TO BE ABLE TO MOVE THAT PROJECT FORWARD.
WE'VE ALSO, JUST ON THAT FRONT, ENTERED INTO A MEMORANDUM OF UNDERSTANDING WITH SAN DAG AND NCTD IN TERMS OF A STRATEGY, GETTING ALL THREE AGENCIES ON THE SAME PAGE TO ADVOCATE FOR A PROJECT MOVING FORWARD THAT WE ALL WANT GIVES US A BETTER OPPORTUNITY TO SECURE FUNDING GOING FORWARD.
EV CHARGING STATIONS IS ON THAT LIST.
[LAUGHTER] WITH THAT, THAT CONCLUDES OUR PRESENTATION.
WE'RE HAPPY TO TAKE ANY QUESTIONS.
COMMISSIONERS, ANY QUESTIONS FOR COUNCILMEMBER BURK HOLDER OR MR. HABER? COMMISSIONER LAFFERTY.
>> THANK YOU FOR YOUR PRESENTATION.
THANK YOU FOR BEING HERE TODAY.
AT THE LEAGUE OF CITIES THAT WE WERE ABLE TO ATTEND IN MARCH OF THIS YEAR, THEY TALKED ABOUT OBVIOUSLY SB 79 AND MANY OTHER BILLS THAT OBVIOUSLY IMPACT A LOT OF HOUSING LEGISLATION THAT WE'RE REQUIRED TO APPROVE.
ONE OF THE THINGS THAT WAS CONCERNING TO ME AND ALSO CONCERNING IN OUR CONSTANT EFFORT IN THE PLANNING COMMISSION TO REVIEW AND MAINTAIN OUR LOCAL CONTROL IS HISTORIC PRESERVATION.
EVERY BUILDING THAT'S 50-YEARS-OLD UNDER SQUA HAS TO HAVE A HISTORIC REPORT.
THESE HISTORIC REPORTS COME AND INVARIABLY, EVERY SINGLE ONE OF THEM HAS NO VALUE, AND WE HAVE TO DEMOLISH THE BUILDING.
THE CONCERN IS NUMBER 1, WE DON'T GET ANY FEEDBACK FROM THE HISTORIC PRESERVATION COMMISSION ON THESE PARTICULAR BUILDINGS,
[00:40:03]
AND BECAUSE WE HAD A LIST, REPEALED THE LIST, AND RECENTLY GOT THE LIST BACK, THERE'S ONLY REALLY 13 BUILDINGS THAT ARE TECHNICALLY HISTORICALLY PRESERVED IN THE CITY OF CARLSBAD.YOUR LEGISLATIVE PRIORITY RIGHT HERE TO NUMBER 1.
YOU SAID IT WAS NO ORDER, BUT COMMUNITY CHARACTERS RIGHT THERE.
IF WE DON'T WORK TOGETHER WITH HISTORIC PRESERVATION UNDER THE GUISE OF SQUA, HOW WILL WE KEEP OUR LOCALLY VALUABLE BUILDINGS THAT ARE GOOD FOR OUR NEIGHBORHOODS THAT ARE IMPORTANT TO OUR IDENTITY IN DIFFERENT AREAS OF OUR COMMUNITY, AND MAINTAIN THOSE BUILDINGS? BECAUSE OBVIOUSLY THIS LEGISLATION IS COMING DOWN, VERY FAST, VERY HARD, VERY HEAVY, AND IT'S VERY DIFFICULT TO REALLY COMPLY WITH WHAT THE MANDATE OF SQUA IS IF WE DON'T EVEN GET A READING FROM HISTORIC PRESERVATION.
THAT'S REALLY A CONCERN THAT I HAVE CONTINUALLY, AND OBVIOUSLY, ALL OF THE PEOPLE UP HERE KNOW THAT THAT'S A CONTINUED CONCERN FOR OUR COMMUNITY BECAUSE, OBVIOUSLY, WE LIKE OUR LITTLE BUILDINGS, AND NOT EVERYONE CAN BE KEPT.
I'M AN ARCHITECT, I'M PRO-DEVELOPMENT.
I'M NOT TRYING TO SAVE EVERYTHING NEEDS TO BE SAVED, BUT I WOULD LIKE ASSISTANCE FROM PEOPLE WHO ACTUALLY ARE PART OF OUR COMMUNITY THAT VALUE THESE PARTICULAR THINGS TOO.
THAT'S THE ONLY THING I'M TRYING TO UNDERSTAND UNDER SQUA HOW WE MAINTAIN THAT.
I THINK THE HISTORIC PRESERVATION PORTION SEEMS TO BE AN UNDERUTILIZED EFFORT ON OUR COMMUNITY'S PART TO BE ABLE TO HELP US MEET THESE LEGISLATIVE OBJECTIVES.
>> LAFFERTY, THANK YOU FOR THAT. INFORMATION AND QUESTION, AND I THINK I SAW YOU IN VON'S BEFORE YOU LEFT FOR THAT COMMISSIONER'S RETREAT. VERY GOOD.
WHAT I WOULD SAY IS, I THINK THIS IS A TYPICAL THING THAT I GET AS A COUNCIL MEMBER IS A COMMUNICATION THING.
THE RIGHT HAND IS NOT TALKING TO THE LEFT.
I THINK THAT'S PRETTY EASILY REMEDY, BUT I WOULD DEFER TO MR. HABER TO ACTUALLY MAKE A NOTE OF THAT, AND WE CAN MOVE A LITTLE BIT FORWARD AND SEE WHAT WE CAN COME UP WITH, BECAUSE IT DOESN'T MAKE ANY SENSE TO ME EITHER.
THANK YOU FOR BRINGING THAT TO MY ATTENTION. I APPRECIATE THAT.
>> WELL. WE UNDERSTAND THERE'S ONLY FIVE MEETINGS THAT UNDER THESE NEW LAWS.
BUT HISTORIC PRESERVATION COULD POTENTIALLY BE ONE OF THEM BECAUSE, TYPICALLY, RARELY DO WE HAVE MORE THAN THAT AMOUNT OF PUBLIC MEETINGS.
BUT I THINK OUR COMMUNITY, AGAIN, IS HAVING THE CONCERN THAT I FEEL THERE'S A CONCERN WITH LOSING LOCAL CONTROL, AND HISTORIC PRESERVATION MAY BE ONE OF THOSE.
>> I AGREE WITH YOU. IN SOME WAYS, IT MAY PROTECT US FROM OTHER THINGS IN THE FUTURE.
THAT'S SOMETHING TO DEFINITELY LOOK AT, AND I DO THANK YOU FOR BRINGING THAT TO MY ATTENTION.
BULLET POINT NUMBER 8, MR. HABER, INTERGOVERNMENTAL AFFAIRS.
>> I'LL CERTAINLY TAKE THE NOTE, AND I WILL DEFLECT TO MR. LARDI AND JUST SAY THAT WE WILL BE MEETING WITH PLANNING DIVISION STAFF IN THE COMING DAYS.
THERE'S A QUESTION OF WHETHER THAT'S A MATTER OF STRENGTHENING A POSITION STATEMENT IN OUR LEGISLATIVE PLATFORM THINKING OUTWARDLY IN TERMS OF HOW THOSE ISSUES AFFECT THE CITY.
IF WE'RE TALKING ABOUT INTERNAL PROCESSES AND CITY BODIES AND HOW THEY RELATE TO EACH OTHER, THAT'S A CODE SECTION THAT WE MIGHT BE ABLE TO FIX OURSELVES HERE AMONG THE CITY COUNCIL AND DEPARTMENTS HERE.
>> THE FEWER PEOPLE WE GET INVOLVED PROBABLY THE BETTER.
>> I DON'T DISAGREE, ALTHOUGH I THINK THAT ONE OF THE THINGS THAT THEY'RE ALSO STRUGGLING WITH A HISTORIC PRESERVATION IS MILLS ACT.
WE ACT DID THE MILLS ACT PROGRAM, BUT WE REALLY DON'T HAVE ANYTHING THAT'S PARTAKING OF THE MILLS ACT.
I DON'T KNOW IF THERE'S ANY GRANT PROGRAMS. I KNOW THERE'S THINGS FOR SPECIFIC CHURCHES.
WE JUST HAD THE ST. MICHAEL CHURCH LAST MONTH AND NOT THE BUILDING ITSELF, BUT RIGHT NEXT DOOR.
THERE'S A LOT OF THINGS HAPPENING THAT MAYBE WE'RE NOT TAKING ADVANTAGE OF, AND I UNDERSTAND HISTORIC PRESERVATION.
THERE'S A LOT OF GRANTS OUT THERE FOR CERTAIN PARTICULAR PRESERVATION PROJECTS IF WE, AS A COMMUNITY, WANT TO PURSUE THOSE THINGS.
BUT I THINK THAT THOSE ARE ALSO, I'D LIKE TO ADVOCATE FOR THE MILLS ACT PROGRAM, AND HOPEFULLY, THE COUNCIL CAN ADVOCATE AS WELL FOR THE MILLS ACT, BECAUSE I THINK IT IS A VALUABLE PROGRAM FOR OUR COMMUNITY.
AGAIN, IT HELPS WITH THAT SQUA DETERMINATION IN ALLOWING PEOPLE TO HAVE MORE OF THESE NEIGHBORHOOD ICONS THAT MIGHT BE UNDER UTILIZED OR OVERLOOKED IF WE DON'T HAVE A LITTLE MORE ROBUST HISTORY PRESERVATION.
[00:45:08]
>> THANK YOU, SPEAKER. I JUST HAD A QUICK QUESTION.
WHEN DEVELOPING POSITIONS, OPPOSING OR SUPPORTING, HOW ARE YOU ALL ASSESSING COMMUNITY SENTIMENT? ARE YOU USING SURVEYS? IS IT JUST FOLKS WHO ATTEND MEETINGS? HOW ARE YOU GATHERING THE ENTIRE CITIES OR GENERAL POPULATION SENTIMENTS?
>> THAT'S A GREAT QUESTION, MISS FITZGERALD. I APPRECIATE THAT.
THE THING IS, JUST BECAUSE WE ESTABLISH A POSITION ON SOMETHING, WE RELY HEAVILY ON OUR LOBBYISTS, OBVIOUSLY, BECAUSE THEY'RE IN THE TRENCHES EVERY DAY AND CAN HELP US PARSE OUT THAT LANGUAGE AND WHAT IT REALLY MEANS AND HOW IT IMPACTS CARLSBAD.
BUT IT DOESN'T MEAN THAT IT'S SOMETHING THAT WE HAVE TO DIE ON A SWORD FOR.
WE CAN ALWAYS RESCIND OUR COMMITMENT, OUR OPPOSITION OR OUR SUPPORT OR JUST CONTINUE TO WATCH THINGS.
THEN IT GOES TO THE FULL COUNCIL AND THE COUNCIL AGREES ON OUR LEGISLATIVE PLATFORM, AND THAT IS BASED ON INPUT FROM THE COMMUNITY AND NOT NECESSARILY PEOPLE THAT COME AND SPEAK, BUT OVERALL, WE HEAR WHAT'S GOING ON IN THE COMMUNITY.
FUNCTIONALLY, LIKE BRASS KNUCKLE STUFF, WE KNOW HOW THINGS WORK WITHIN THE CITY AND WHAT'S BEST FOR STAFF EVEN AND WHAT MAKES US SHINE AS A CITY, AND WHAT IS FISCALLY CONSERVATIVE AND HOW WE CAN SPEND TAXPAYER DOLLARS THE WAY THAT WE SHOULD.
ALL OF THAT GOES INTO CONSIDERATION, BUT AT THE MAIN POINT IS LOCAL CONTROL.
LETTING US RUN THE CITY THE WAY YOU ALL WANT IT RUN.
IT'S ABOUT US, NOT SACRAMENTO.
WE REALLY PUSH BACK ON THAT OVERREACH THAT THEY CONTINUOUSLY GIVE.
>> CONGRATS, I'M SO GLAD YOU'RE HERE.
>> COMMISSIONERS, FOR THE QUESTIONS OF COUNCIL MEMBER BERGOLDER? MR. HABER? COMMISSIONER FOSTER?
>> SORRY. I GOT A FEW QUESTIONS.
FIRST OFF, I THOUGHT IT WAS AN AWESOME PRESENTATION.
VERY INFORMATIVE. I LEARNED A LOT MORE THAN PRIOR TO YOU GUYS ENTERING THE ROOM. I REALLY APPRECIATE THAT.
ALSO, I APPRECIATE THAT YOU ACTUALLY WENT UP TO SACRAMENTO TO FIGHT SB 79.
THAT SAYS A LOT, AND THANKS FOR DOING THAT AS WELL.
THESE ARE ALLY JUST QUESTIONS TO LEARN MORE.
ONE OF THE QUESTIONS I HAD, WHEN YOU RECEIVED THE CLARIFYING LETTER BACK ON SB 79, SPECIFICALLY, THE IMPACT ON CARLSBAD, IF ANY, AS SOON AS YOU RECEIVED THAT LETTER, IS THAT IMMEDIATELY COMMUNICATED OVER TO THE PLANNING DEPARTMENT WITH MR. LARDI, SO THAT HE'S INFORMED, AND THEN SUBSEQUENTLY, HE COULD COMMUNICATE THAT INFORMATION TO THE PLANNING COMMISSION?
>> ALL OF THE CITIES. IT WOULD PROBABLY GO OUT IN THE FORM OF THE MEMO.
OUR MEMOS GO OUT ON THURSDAYS USUALLY.
BUT IT WOULD ALSO GO TO OUR CITY ATTORNEY'S OFFICE, AND EVERYBODY GETTING ON THE SAME PAGE OF WHAT WE RECEIVE, AND THEN THE PUBLIC WOULD OBVIOUSLY KNOW EXACTLY WHAT HAPPENED WITH THAT.
IT'S NOT IMMEDIATE BECAUSE IT'S THE GOVERNMENT.
IT TAKES A LITTLE BIT TO GET IT OUT, BUT THEY DO A GREAT JOB OF GETTING IT TURNED AROUND AND OUT TO THE PUBLIC AS SOON AS POSSIBLE.
IF YOU RECOGNIZE, SOMETIMES WE HAVE COUNSEL INTERNET INQUIRIES.
IF SOMEONE WRITES ALL FIVE OF US, THEN THE CITY ACTUALLY REPLIES BACK IN A LETTER THAT GOES TO EVERYBODY THAT IS IN THE CITY, EVERYBODY.
WE'RE REALLY THOROUGH IN THAT, AND I THINK IT WON'T TAKE AS LONG BECAUSE THIS IS SUCH A HOT TOPIC.
THEY'RE GOING TO REALLY JUMP ON THAT BECAUSE WE NEED TO KNOW IMMEDIATELY HOW THIS IS IMPACTING US.
THE HOLD UP IS GOING TO BE IN SACRAMENTO, NOT US.
>> THIS IS I DON'T EVEN KNOW IF YOU CAN ANSWER THIS QUESTION.
BUT THE QUESTION IS, WHAT DOES IT TAKE TO ROLL BACK LEGISLATION? NEWSOME TURNS OUT, HE'S GOING TO TURN OUT IN 2027.
THE ASSUMPTION WOULD BE YOU'D HAVE TO WAIT FOR HIM TO TURN OUT AND THEN APPLY SOME LOBBYING EFFORTS TO PURSUE ANY ROLLBACKS THAT ONE WOULD WANT TO PURSUE.
I WOULD THAT BE THE TYPICAL PROCESS OR IS ANY LEGISLATIVE WISDOM YOU COULD PROVIDE THERE?
>> WELL, THERE'S A NUMBER OF WAYS THE CITIZENS CAN START AND JUST LIKE WE'RE DOING RIGHT NOW THERE ARE A COUPLE DIFFERENT THINGS.
THERE'S LIKE YES OR NO 150 AND THERE'S A VOTER ID THING GOING ON RIGHT NOW.
THAT'S ALL CITIZEN DRIVEN, SO THEY CAN GET A NUMBER OF SIGNATURES, THOSE SIGNATURES HAVE TO BE VALIDATED, AND THEN YOU CAN PUT IT ON A BALLOT.
WE PAY FOR THAT. TAXPAYERS PAY FOR THAT.
I THINK FOR $350 BILLION THAT WE'RE PAYING FOR THIS YES OR NO 150.
GOVERNORS CAN VETO THINGS JUST LIKE THIS GOVERNOR VETOED, I THINK ALMOST 300 BILLS THIS TIME.
THEN WE CAN OBVIOUSLY USE OUR CITY RESOURCES AND THAT MEANS OUR TAXPAYER DOLLARS TO FIGHT IN COURT IN LITIGATION.
WHAT WE DO GENERALLY IS MAKE SURE THAT WE HAVE A SOLID CASE, BUT LOOK AT OTHER CITIES THAT HAVE ALSO SUED THE STATE AND SEE HOW THEY FARED BECAUSE YOU DON'T WANT TO SPEND TAXPAYER DOLLARS ON A LOSING BATTLE.
IT'S A DIFFICULT UPHILL BATTLE,
[00:50:02]
BUT WE'VE DONE IT BEFORE.PROP 36 IS A GREAT EXAMPLE OF THAT.
THAT PAST IS JUST NOT FUNDED YET.
THAT'S THE ONE THAT HELPS LAW ENFORCEMENT DO THEIR JOBS AS COPS, WHICH I REALLY APPRECIATE.
THERE ARE WAYS. DID I MISS ANYTHING?
>> I'LL JUST PIGGYBACK ON THAT THAT YOU MISSED ANYTHING.
BUT I'LL JUST SAY, I THINK YOU'RE TAPPING INTO IT'S A VERY POLITICIZED ISSUE, AND PROCESS.
YES, A NEW ADMINISTRATION IS MAYBE THE FIRST STEP IN HOW YOU MIGHT GET THERE.
BUT VERY MUCH IN TERMS OF THE POLITICAL SUPERMAJORITY IN THE STATE LEGISLATURE, NOW, YOU HAVE A POSTURE THAT IS VERY MUCH ORIENTED TOWARDS CONCERN WITH THE STATE'S HOUSING CRISIS AND AFFORDABILITY CRISIS AND TAKING A VERY SUPPLY SIDE ORIENTED APPROACH TO TRYING TO RESOLVE THAT FOR BETTER OR WORSE.
THE CHALLENGE REALLY IS FINDING AN AUTHOR THAT WOULD WANT TO MOVE FORWARD A PIECE OF LEGISLATION IN THAT ENVIRONMENT, GIVEN THE LIKELIHOOD OF SUCCESS, NOT BEING GREAT TO MOVE SOME OF THOSE MORE RECENT MAJOR CHANGES.
>> THAT'S EXACTLY RIGHT. THE POLITICAL CLIMATE, IT TAKES A LOT OF POLITICAL WILL SOMETIMES.
I REMEMBER WHEN I RAN FOR ASSEMBLY, THE FRET OWNER ASSOCIATION CONTACTED ME AND SAID, WOULD YOU MAKE YOUR FIRST PIECE OF LEGISLATION TO SUPPORT THE FERRETS, SAVE THE FERRETS AND THEY SAID WITH A VERY STRAIGHT FACE, DO YOU REALIZE I WOULD NEVER BE TAKEN SERIOUSLY IF THAT WERE MY FIRST PIECE OF LEGISLATION IN THE STATE LEGISLATURE? PLEASE HELP ME UNDERSTAND THAT.
WE HAVE TO BE PATIENT, WE HAVE TO JUST THINK ABOUT WHO WE'RE GOING TO VOTE FOR ALL THE TIME AND MAKING SURE THAT THEY HAVE OUR BEST INTERESTS AT HEART AT THE END OF THE DAY.
>> THAT'S A GOOD ANSWER. I DO HAVE A QUESTION.
THERE SEEMS TO BE A GRAY AREA, AT LEAST FOR MY LACK OF KNOWLEDGE OF WHEN A BILL IS INTRODUCED AND THAT DEADLINE JUST PASSED WHERE NEWSON HAD TO SIGN HIT EITHER VETO OR SIGN BY I THINK OCTOBER 12.
THEN THERE'S HUNDREDS OF BILLS THAT WERE NEITHER VETOED NOR SIGNED. IT'S THIS GRAY AREA.
DO THOSE AUTOMATICALLY GO INTO LAW? THAT'S MY UNDERSTANDING, IS THAT.
BY EXAMPLE, SO SV 346 GOES INTO LAW, EVEN THOUGH HE DIDN'T VETO OR SIGN THAT? CORRECT.
>> IF HE DOESN'T TAKE ACTION, IT DE FACTO BECOMES LAW.
>> THROUGHOUT THE PROCESS, THEY GO TO DIFFERENT COMMITTEES AND THINGS LIKE THAT.
ONE EXAMPLE, THE HEALTH AND SAFETY COMMITTEE, I THINK IS WHAT IT'S CALLED.
I KNOW SOME LEGISLATORS THAT WRITE, FOR EXAMPLE, WE TALKED ABOUT TWO BILLS RELATIVE TO WHAT WERE THOSE HOMES?
>> YEAH, THE DRUG AND ALCOHOL FACILITIES.
WHAT WE'RE TRYING TO DO IS INCREASE TRANSPARENCY IN THOSE FACILITIES.
BUT SOMETIMES DEPENDING ON THE AUTHOR, THOSE COMMITTEES WON'T EVEN HEAR THEIR BILL.
THEY JUST DIE BEFORE THEY GO FURTHER.
IT'S REALLY NARROW MINDED TO NOT EVEN OPEN YOUR EARS TO HEAR OTHER PEOPLE'S OPINIONS ABOUT THINGS.
THAT'S JUST THE BATTLE THAT THEY FIGHT.
IF ANYBODY WANTS TO SIGN UP FOR THAT, I WILL GIVE YOU MY SHIELD AND MY SWORD THAT I PUT ON DAILY AND HELP YOU ALONG THE WAY.
>> JUST ONE FINAL QUESTION. THERE'S DISCUSSION IN LOBBYING EFFORTS IN SACRAMENTO AND WASHINGTON DC, ARE THERE ANY EFFORTS WITH LOBBYING WITH THE CALIFORNIA COASTAL COMMISSION.
>> THAT WOULD FALL UNDER THE PURVIEW OF OUR STATE LOBBYISTS.
AS A STATE AGENCY, THE CALIFORNIA COASTAL COMMISSION.
THAT WOULD BE WITHIN THEIR AREA THAT WE WOULD RELY ON OUR STATE LOBBYIST, CALIFORNIA PUBLIC POLICY GROUP TO ASSIST US IN THAT AREA.
>> THANK YOU. THOSE ARE GREAT QUESTIONS, AND I JUST WANT TO GIVE YOU ALL CONFIDENCE THAT THE MONEY THAT WE PAY THE LOBBYIST COMES BACK TO US 10 FOLD.
THEY'RE BOTH REALLY GOOD AT THEIR JOBS.
I REALLY ENJOY MEETING WITH THEM AND THEY SET UP AMAZING MEETINGS FOR US TO ADVOCATE FOR YOU ALL EVERY TIME WE GO UP TO SACRAMENTO, OR DC. IT'S REALLY BENEFICIAL.
>> JUST TO EXPAND ON THAT, ONE OF THE GREAT THINGS THAT WE GET OUT OF THAT IS THEY HAVE CONTACTS AND CONNECTIONS THROUGHOUT STATE AGENCIES ACROSS THE BOARD.
WE'VE USED THEM WITH THE PUC, WE'VE USED THEM WITH DEPARTMENT OF FISH AND WILDLIFE, WE'VE USED THEM WITH THE COASTAL COMMISSION, ETC IN THE GOVERNOR'S OFFICE, AND SO ON.
THAT'S HALF THE VALUE IS GETTING INTRODUCTION OR GETTING YOU IN THE DOOR TO TALK TO SOMEBODY AND KNOWING WHERE TO GO AND WHO TO CALL.
AS THOSE ISSUES ARISE, WE HAVE THE RELATIONSHIPS AND WE HAVE THE CONTACT TO MAKE.
>> I JUST WANT TO SAY THANK YOU VERY MUCH, I HAVE GIVEN EACH OF YOU A CHALLENGE COIN.
I HOPE YOU KNOW WHAT CHALLENGE COINS ARE.
IF YOU DON'T LOOK IT UP, I WON'T TAKE ANY MORE OF YOUR TIME.
I KNOW YOU HAVE A FULL SCHEDULE TONIGHT.
THANK YOU VERY MUCH FOR ALLOWING US TO BE HERE TONIGHT.
>> BEFORE YOU GO, I DO WANT TO GO AHEAD AND OPEN UP PUBLIC TESTIMONY FIRST.
>> IF THERE'S ANYBODY FOR PUBLIC TESTIMONY, NO, THERE'S NOT.
>> CORRECT. I WILL THEN CLOSE PUBLIC TESTIMONY.
COMMISSIONER, ANY FURTHER QUESTIONS THAT YOU HAVE OF COUNCIL MEMBER BURKHOLDER OR MR. HABER.
[00:55:04]
>> THANK YOU. AND AGAIN, THANK YOU FOR THE CHALLENGE COIN.
THANK YOU FOR COMING THIS EVENING.
I WILL NOW OPEN PUBLIC HEARING ON ITEM NUMBER 1.
[1. 2647 JEFFERSON ST. HOMES 2024-0006/PUD 2024-0007/CDP 2024-0036 ]
FIRST, COMMISSIONERS, AN EXPARTE COMMUNICATIONS.DROVE BY THE SITE. COMMISSIONER LAFFERTY.
>> I VISIT I VISITED THE SITE.
>> I'VE DRIVEN BY THE SITE. COMMISSIONER. YOU BEN.
>> MR. LARD, WOULD YOU PLEASE INTRODUCE ITEM NUMBER ONE FOR US?
>> YES. HERE TO GIVE THE STAFF PRESENTATION IS SENIOR PLANNER VAN LU.
>> THANK YOU. GOOD EVENING, COMMISSIONERS.
THE FIRST PROJECT BEFORE YOU TONIGHT IS THE 26 47 JEFFERSON STREET HOMES PROJECT.
THIS PROJECT, AS STATE IS LOCATED AT 26 47 JEFFERSON STREET.
THE PROJECT SITE IS APPROXIMATELY 0.34 ACRES IN SIZE.
CURRENTLY HAS A SINGLE FAMILY RESIDENCE AS A USE ON THE PROPERTY.
IT IS ZONED FOR RESIDENTIAL LAND USE, R 23 OR GENERAL PLAN ND USE R 23, AND ZONED FOR MULTI FAMILY R THREE.
THE SITE IS ALSO LOCATED IN THE COASTAL ZONE.
THE PROJECT WOULD PROPOSES THE DEMOLITION OF THE SINGLE FAMILY RESIDENCES AND THE CONSTRUCTION OF FOUR NEW STRUCTURES, TOTALING 12, THREE STORY CONDOMINIUMS UNITS.
ALSO, PROJECT INCLUDES A DENSITY BONUS REQUEST, WHICH WOULD ALLOW FOR FOUR ADDITIONAL UNITS FOR THE DEDICATION OF ONE UNIT TO VERY LOW INCOME HOUSEHOLDS.
IN LINE WITH DENSITY BONUS LAW, THE PROJECT ALSO HAS A REQUEST FOR TWO CONCESSIONS AND EIGHT WAIVERS FROM DEVELOPMENT STANDARDS.
THE PROJECT PROPOSES FOUR TRIPLEXES, EACH THREE STORIES TALL.
THE ESSENTIALLY ONE FLOOR PLAN THROUGHOUT THE ENTIRE PROJECT.
EACH UNIT IS 1,670 SQUARE FEET.
THE PROJECT PROPOSES CAR LIFTS WITHIN SINGLE CAR GARAGES TO ACCOMMODATE TWO VEHICLES.
PROJECT ALSO HAS ROOF DECKS ON EACH UNIT AND HAS TWO GUEST PARKING SPACES ON THE SURFACE.
PROJECT ALSO WILL PROVIDE STREET TREES AND A SIX FOOT DEDICATION TO THE JEFFERSON STREET RIGHT AWAY.
AS FAR AS THE DENSITY BONUS, THE BASE DENSITY CALCULATION IS 23 DENSITY UNITS PER ACRE FOR 30.34 ACRE SITE IS EIGHT UNITS.
FOR THE DEDICATION OF ONE VERY LOW INCOME UNIT, YOU GET THAT WHICH IS 12% OF THE BASE DENSITY.
12% OF THE BASE DENSITY TO VERY LOW INCOME PROVIDES A 38.75 DENSITY BONUS TO THE PROJECT, WHICH WOULD UP FOR AN ADDITIONAL FOUR UNITS.
THERE IS TOTAL OF 12 UNITS ALLOWED AND 12 UNITS PROPOSED ON THE SITE.
REGARDING THE REQUESTED CONCESSIONS AND INCENTIVES, THE APPLICANT HAS REQUESTED TO FORGO THE FULL FRONTAGE IMPROVEMENTS TO RETAIN THE FIVE FOOT SIDEWALK, WHERE SIX FOOT SIDEWALK IS THE CURRENT STANDARDS.
THE SIDEWALK WILL BE EITHER REPLACED IF IT NEEDS REPLACEMENT OR REPAIRED IN PLACE AT THE FIVE FOOT STANDARD.
THE SECOND CONCESSION IS TO FOREGO THE FULL REPLACEMENT OF THE ASBESTOS WATER MAIN PIPE FOR THE ENTIRE STREET FRONTAGE, AND INSTEAD OF ONLY A 20 FOOT SEGMENT WHERE THE NEW CONNECTIONS FOR THE PROJECT WILL BE CONNECTED TO THE WATER MAIN WILL BE REPLACED WITH A NEW MATERIAL.
THE PRODUCT DOES INCLUDE EIGHT WAIVERS, THAT INCLUDES A WAIVER FOR FRONT SETBACK, WAIVER FOR SIDE SETBACK, A WAIVER FOR THE REARED SETBACK, WAIVER FOR THE MINIMUM DIMENSION FOR PRIVATE RECREATION SPACE.
WAIVER FOR THE REQUIRED COMMUNITY RECREATION SPACE, WAIVER FOR 60% MAX LOT COVERAGE.
IT'S ONLY SLIGHTLY OVER AT 61.7% COVERAGE, AND A WAIVER FOR MINIMUM GARAGE SIZE FOR A SINGLE CAR GARAGE REDUCING BY A FOOT FOR WIDTH AND A WAIVER FOR THE TEN FEET MINIMUM BUILDING SEPARATION.
HOWEVER, THIS IS ONLY FOR THE FIRE RISER ROOM.
THE MAIN BUILDING WALLS ARE STILL TEN FEET APART.
HERE IS AN ELEVATION OF THE PROJECT SEEN FROM THE INTERIOR DRIVE AISLE.
REGARDING CEQA, STAFF HAS REVIEWED THE SCOPE OF THE PROJECT AND APPLICABLE STUDIES PROVIDED BY THE APPLICANT AND FINDS THAT THE PROJECT BELONGED A CLASS OF PROJECTS THAT'S CATEGORICALLY EXEMPT FROM REQUIREMENTS, PREPARATION FROM ENVIRONMENTAL DOCUMENTS.
THIS IS AN EXEMPTION FOR INFILL DEVELOPMENT PROJECTS.
[01:00:01]
THE APPLICANT DID PROVIDE A NUMBER OF STUDIES TO VERIFY THAT THE PROJECT QUALIFIES FOR THIS EXEMPTION.THERE IS ONE ADDITIONAL ITEM THAT HAS BEEN BROUGHT UP THIS MORNING AND SO WE WANT TO PRESENT THIS TO THE PLANNING COMMISSION TONIGHT.
THEY DID NOT GET THIS IS NEW FROM THE BRIEFINGS.
IT WAS BROUGHT TO OUR ATTENTION THAT THIS PROJECT IS ALONG A STRETCH OF SEWER LINE THAT IS IN THE PIPELINE TO BEING UPSIZED AND REPLACED.
THIS WOULD BE A PROJECT THAT WOULD TAKE ON COSTS AND AT THE END OF THOSE COSTS, A SEWER BENEFIT AREA WOULD BE CREATED AND A FEE FOR NEW UNITS WOULD BE COLLECTED.
THERE IS AN ADDITIONAL CONDITION THAT WE WILL REQUEST THAT THE PLANNING COMMISSION INCLUDE IN THEIR MOTION.
THAT IS A CONDITION NUMBER 59.
THIS SIMPLY STATES THAT THE PRIOR TO THE ISSUANCE OF THE BUILDING PERMITS, THE DEVELOPER SHALL PAY A SPECIAL OR SEPARATE SEWER CONNECTION FEE FOR THE DEVELOPMENT PROJECTS PROPORTIONATE SHARE OF SEWER CAPACITY IN THE EQUIVALENT DWELLING UNITS, WHICH IS HOW YOU MEASURE CAPACITY NUMBERS TO BE CONSTRUCTED FOR THE JEFFERSON STREET SEWER B PLACEMENT PROJECT, AND THIS IS PART OF THE CAPITAL IMPROVEMENT PROJECT PROGRAM PROJECT NUMBER 2615.
WITH THAT, STAFF'S RECOMMENDATION IS TO ADOPT A RESOLUTION APPROVING A CEQA EXEMPTION AND APPROVING THE TENTATIVE TRACK MAP PLAN DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT, WITH THE ADDITION OF CONDITION NUMBER 59 AS RECOMMENDED BY STAFF BASED ON THE FINDINGS AND SUBJECT TO CONDITIONS.
I'M HAPPY TO ANSWER ANY QUESTIONS.
>> EXCELLENT PRESENTATION, MR. VAN LOON.
WE DID RECEIVE A COUPLE CORRESPONDENCE IN REGARD TO THIS PARTICULAR ITEM.
COMMISSIONERS, THERE ARE ANY CLARIFYING QUESTIONS OF STAFF, COMMISSIONER BURROWS.
>> THANK YOU FOR THAT PRESENTATION.
I WANTED TO CIRCLE BACK ON ONE OF THE PUBLIC COMMENTS RECEIVED AND THAT PUBLIC COMMENT WAS CONCERNED ABOUT THE PARKING SITUATION, BUT SPECIFICALLY THE PUBLIC COMMENT WAS UNDER THE IMPRESSION THAT THIS PROJECT ONLY ALLOWED FOR ONE CAR PER UNIT.
JUST TO CONFIRM, BECAUSE RISER, I JUST HEARD YOU SAY, IT'S ACTUALLY GOING TO BE TWO CARS PER UNIT VIA THAT LIFT SYSTEM, CORRECT?
>> YES. THE PROJECT AS PROPOSED BY THE DEVELOPER DOES INCLUDE LIFTS WHEN EACH OF THE GARAGE IS TO ACCOMMODATE TWO CARS.
THIS IS SOMETHING THAT HAS BEEN USED BEFORE ON A PROJECT NEARBY ON LAGUNA, AND SO STAFF DID FEEL THAT THAT PRECEDENT WAS SET TO ALLOW FOR THOSE CAR LIFTS TO MEET THE PARKING REQUIREMENT.
>> THERE'S TWO GUEST PARKING SPOTS AS WELL.
>> THERE ARE TWO GUEST PARKING SPOTS AS WELL.
>> JUST TO FOLLOW UP ON THE PARKING, THEY WOULDN'T EVEN BE OBLIGATED GIVEN THAT THEY'RE CLOSE TO THE TRAIN STATION.
THEY HAVE ANY PART. I'M JUST ASKING FOR CLARIFICATION.
>> THIS PROJECT IS WITHIN A HALF MILE OF PUBLIC TRANSIT, THE COASTER STATION.
UNDER AB 2097, THEY WOULD BE ABLE TO WAIVE PARKING REQUIREMENTS THAT WEREN'T SPECIFICALLY FOR EV VEHICLES, AND THAT WOULD INCLUDE THE GUESS PARKING.
>> ANY FURTHER QUESTIONS OF STAFF AT THIS MOMENT IN TIME, COMMISSIONER LAFFERTY?
>> CONCESSION TWO, YOUR CONDITION 59 BASED ON THE STEFANSSON SEWER REPLACEMENT 2615, AFFECTS INCENTIVE NUMBER 2, IS THAT CORRECT?
>> NO. THE WAIVER IS OR THE WATER MAIN.
IS FOR A WATER MAIN. AND THIS IS SEWER THAT WE'RE ADDING THE CONDITION FOR, CORRECT?
>> THEY DON'T HAVE TO DO ANYTHING TO THE SEWER UNTIL THIS PARTICULAR THING IS GOING TO BE PUT IN PLACE OR WHAT'S THE I GUESS ONCE YOU'RE DIGGING UP THE STREET, WHAT'S HAPPENING? THAT'S MY QUESTION.
YES, AS I SAID THE S WE'RE TRYING TO FIGURE OUT HOW TO GET MORE.
>> THE SEWER REPLACEMENT PROJECT, WHICH IS CURRENTLY AND LIKE I SAID, IN THE PIPELINE IS NEEDED BEFORE ANY NEW UNITS ON THAT STRETCH OF JEFFERSON CAN CONNECT.
THAT PROJECT IS CURRENTLY ACTUALLY POTENTIALLY BEING DONE BY DEVELOPER AND WHICH WOULD MAKE IT HAPPEN SOONER.
BUT YES, NONE OF THOSE UNITS WOULD BE ABLE TO CONNECT AND THAT IS THE SAME DEVELOPER OF THIS PROJECT.
THEY MAY CHOOSE TO CONNECT AT THE SAME TIME DEPENDING ON HOW THAT LINES UP, I COULDN'T SAY.
WE DO ALSO HAVE REPRESENTATIVE FROM OUR UTILITIES, IF YOU'D LIKE TO ASK MORE DETAILED QUESTIONS.
>> I GUESS THAT I GUESS THE QUESTION IS, IN THAT SEWER REPLACEMENT, THERE IS NO CHANGE TO BE ABLE TO OR I GUESS WHAT'S THE TIME? HOW OLD IS THAT EXISTING WATER PIPE, I GUESS IS THE QUESTION?
>> I WILL SAY THAT THEY'RE USUALLY NOT RIGHT NEXT TO EACH OTHER.
THEY'RE USUALLY SEPARATED BY [OVERLAPPING].
>> BUT THERE ARE STILL ON THE STREET.
>> YES. DAVE IS HERE AND MIGHT KNOW A LITTLE MORE SPECIFICS ON TIMING OF REPLACEMENT OF OTHER WATER MAINTENANCE MEASURE.
[01:05:03]
>> GOOD EVENING, COMMISSIONER MEMBERS.
I AM THE ASSISTANT UTILITIES DIRECTOR ON THE WASTEWATER SIDE OF OUR UTILITIES DEPARTMENT.
I'M ALSO THE ASSISTANT GENERAL MANAGER FOR THE CARLSBAD MUNICIPAL WATER DISTRICT.
YOUR QUESTION REGARDING THE AGE OF THE UTILITIES IN JEFFERSON STREET.
THAT IS ONE OF OUR OLDEST UTILITY SYSTEMS IN THE CITY, STARTING 1960S IS MY ESTIMATION, AND IT IS ALSO SUBJECT TO CAPACITY DEFICIENCIES, BEING AN OLD SYSTEM THAT WAS ORIGINALLY DESIGNED AND CONSTRUCTED TO ACCOMMODATE SEWER FLOW FROM PRIMARILY SINGLE FAMILY RESIDENTIAL DEVELOPMENT.
>> I GUESS FROM THE UTILITY STANDPOINT, YOU CAME IN SUPPORT OF THIS PROJECT.
YOU'RE SAYING THAT THIS INCENTIVE TO ONLY REMOVE A PORTION OF THAT 14 INCH MAIN IS ADEQUATE.
IS THAT WHAT YOU'RE SAYING? MY CONCERN IS ALWAYS, OKAY YOU'RE USING THESE OLD THINGS THAT YOU'RE CONNECTING TO AND PUTTING SOMETHING NEW IN, ALL THE OTHER THINGS ARE GOING TO HAVE A PROBLEM.
THAT'S MY CONCERN IS THE REQUIREMENT IS TYPICALLY REPLACING THE WHOLE LENGTH, CORRECT?
>> THAT'S CORRECT. THE ENTIRE LENGTH ALONG THE PROJECT FRONTAGE IS THE WAY OUR STANDARD READS.
THE UTILITIES DEPARTMENT IN CARLSBAD MUNICIPAL WATER DISTRICT MADE FINDINGS TO THAT EFFECT.
THOSE FINDINGS WERE NOT INCORPORATED IN THE STAFF REPORT, BUT THE WORK AROUND IS TO REPLACE ONLY A SEGMENT OF THE IMPACTED PIPE.
ASBESTOS CEMENT PIPE THAT IS SO THAT WE CAN CIRCUMVENT THE MANY REGULATIONS, STATE, LOCAL, AND FEDERAL REGULATIONS REGARDING THE HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE.
>> WE MIGHT HAVE TO CIRCLE BACK ON THIS. THANK YOU.
>> CLARIFICATION THEN. IN REGARD TO WHAT PROMPTED THE CITY IN THIS PARTICULAR REGARD.
IS IT THE ASBESTOS IN THAT PARTICULAR SEGMENT THAT PROMPTED THE CITY TO DECIDE TO REPLACE THAT ONE PORTION, OR ARE YOU LOOKING AT MUCH LARGER PROJECT IN [OVERLAPPING] JEFFERSON?
>> WE HAVE MUCH LARGER PROJECTS CITYWIDE.
MUCH OF THE WATER SYSTEM IN CARLSBAD IS COMPRISED OF ASBESTOS CEMENT PIPE.
IT WAS ALLOWED BACK IN THE '60S AND EVEN THROUGH THE EARLY 1990S.
IN THE 1990S, STATE AND FEDERAL AGENCIES BEGAN TO BAN THE USE AND MANUFACTURERS STOPPED MAKING ASBESTOS CEMENT PIPE FOR OBVIOUS REASONS.
SINCE THE EARLY 2000S, CARLSBAD HAS NOT ALLOWED THE USE OF NEW ASBESTOS CEMENT PIPE INSTALLATIONS IN OUR WATER DISTRIBUTION SYSTEM.
MOVING FORWARD, WE HAVE STANDARDS THAT REQUIRE THE REPLACEMENT OF ASBESTOS CEMENT PIPE WITH POLYVINYL CHLORIDE PIPE, PVC PIPE AS IT'S REFERRED TO.
THAT IS WHAT WE REQUIRE FOR INSTALLATIONS THAT WILL CONSTRUCT MORE THAN ONE SERVICE CONNECTION TO ASBESTOS CEMENT PIPE.
IN THE CASE OF THIS PROJECT, I BELIEVE THERE ARE THREE SERVICE CONNECTIONS, ONE FOR FIRE SERVICE, ONE FOR DOMESTIC WATER USE, AND PROBABLY ONE FOR IRRIGATION.
THE ENGINEERING STANDARDS ALLOW FOR THE REMOVAL OF THE IMPACTED PIPE BARREL TO BE REPLACED WITH A POLYVINYL CHLORIDE PIPE BARREL PRIOR TO MAKING THOSE CONNECTIONS.
>> THANK YOU VERY MUCH, BECAUSE I KNOW IN PREVIOUS YOU COULD SAY AGENDA ITEM PROJECTS THAT WE'VE DEALT WITH OVER THE LAST YEAR, THAT ISSUE HAS COME UP AGAIN ON THIS COMMISSION REGARDING THE INFRASTRUCTURE, AND HAVING YOU CLARIFY WHAT IS BEING DONE HELPS SUBSTANTIALLY IN ANSWERING THE QUESTIONS WE HAD IN THE PAST.
THANK YOU. FURTHER QUESTIONS OF STAFF AT THIS MOMENT IN TIME? COMMISSIONER FOSTER.
>> I JUST HAD A QUESTION ABOUT THE ASBESTOS PIPE, WHICH THE WHOLE WORD YOU PRONOUNCED, SO I CAN'T PRONOUNCE IT BECAUSE YOU SAY SO QUICKLY AND SMOOTHLY.
IS THAT JUST FOR THE SEWER PIPE, SO THE DRINKING WATER PIPE IS NOT ASBESTOS PIPE?
>> NO. THIS IS THE DRINKING WATER PIPE.
>> IT IS. IS THERE ANY KNOWN HEALTH IMPACTS OF THAT? YOU'RE THE EXPERT.
>> YES. OBVIOUSLY, WHEN IT IS MISHANDLED OR WHEN IT IS CUT INTO ANY ABRASIVE CUTTING ACTION ON THE PIPE CAN CREATE FRIABLE ASBESTOS, AND AT THAT POINT, IT BECOMES A REGULATED MATERIAL
[01:10:01]
REGULATED BY LOCAL STATE AND FEDERAL REGULATIONS.OUR STANDARD REQUIRES THE REMOVAL OF THE PIPE BARREL RATHER THAN CUTTING INTO OR TAPPING INTO THE PIPE.
WE REQUIRE THAT THE PIPE BARREL THAT WILL BE IMPACTED BY A NEW SERVICE CONNECTION BE ENTIRELY REMOVED.
>> HOW IS THAT REMOVED? SORRY, ARE THE PIPES ATTACHED IN BRACKET SYSTEMS AND YOU PULL OUT THE BOLTS AND THEN REMOVE A PIECE AT A TIME?
>> THERE ARE COUPLINGS THAT COUPLE.
THE PIPE IS IN ROUGHLY SEVEN FOOT LENGTH, SO THERE'S A COUPLING AT EVERY SEVEN FEET.
THE BEST WAY TO REMOVE IT IS TO LIFT ON THE PIPE AT THAT COUPLING IN A MANNER THAT DOESN'T CREATE FRIABLE ASBESTOS.
IT INVOLVES A WETTING OF THE PIPE.
IT INVOLVES PLACING PLASTIC VISQUEEN IN THE TRENCH BEFORE THE WORK IS DONE, AND IT INVOLVES OUR STAFF OR THE CONTRACTOR STAFF TO WEAR PERSONAL PROTECTIVE EQUIPMENT SO THAT THEY DON'T INHALE ANY ASBESTOS THAT MIGHT BE PRODUCED IN THAT OPERATION.
>> I JUST WANT FOLLOW UP QUESTION.
SORRY, THIS IS SIDELINING THE ACTUAL PROJECT, BUT THIS IS JUST I'VE NEVER HEARD OF THIS BEFORE.
JUST A FOLLOW UP QUESTION BEING, IS THERE A PROJECT UNDERWAY CITYWIDE TO REMOVE ALL THIS PIPE UNDERNEATH THE VILLAGE OR WHEREVER IT IS IN THE CITY?
>> YES, THERE ARE. WE ARE PREPARING A WATER MASTER PLAN UPDATE AS WE SPEAK, AND THAT WILL BE COMPLETED IN THE NEXT 4-5 MONTHS, AND IT WILL IDENTIFY THE VARIOUS PIPES OR THE VARIOUS PROJECTS THAT WE WILL UNDERTAKE.
WE HAVE QUITE A BIT OF ASBESTOS CEMENT PIPE IN THE SYSTEM.
AGAIN, THIS WAS A MATERIAL THAT WAS VERY COMMONPLACE BACK IN THE EARLY 1960S AND '70S.
WE HAVE QUITE A BIT OF IT AND WE WILL DEVELOP A PROGRAM TO PHASE IT OUT FROM OUR SYSTEM, BUT IT'S GOING TO TAKE TIME.
>> GIVEN THIS INFORMATION, IS THERE A POSSIBILITY OF REQUESTING INCENTIVE NUMBER 2 TO BE REPLACED IN FULL, CHANGED OR ELIMINATED SO THAT THEY HAVE TO REQUIRE COMPLY TO THE STANDARDS?
>> THERE IS A DEFER TO LEGAL COUNSEL, BUT THERE'S A HIGH BAR FOR A HEALTH AND HAY SAFETY STANDARD ON WHEN WE CAN REJECT EITHER A WAIVER OR INCENTIVE.
WE REVIEW THE INFORMATION PROVIDED TO US FROM THE CARLSBAD MUNICIPAL WATER DISTRICT AND SHARE THAT WITH THE CITY ATTORNEY'S OFFICE, AND WE'RE NOT LOOKING AT THE ABILITY TO MAKE THAT.
IF THE COMMISSION FEELS THAT THAT BAR CAN BE MADE, THAT'S SOMETHING THAT YOU CAN REMAND TO US, AND WE CAN WORK AND PUT THAT INTO OUR DOCUMENTATION.
WE'VE NOT HEARD OF THE APPLICANTS PRESENTATION, BUT ALSO BE INTERESTED IN THEIR PERSPECTIVE ON THAT, WHETHER THEY'D LIKE TO ADDRESS THAT TONIGHT, OR WHETHER WE'D LIKE TO REQUEST A CONTINUANCE IF THAT'S THE WISH OF THE COMMISSION.
>> WELL, I FEEL MORE INFORMATION IS NEEDED FOR THIS PARTICULAR CONCERN BECAUSE OBVIOUSLY OUR STANDARD IS NOT BEING MET BECAUSE IT'S WELL DOCUMENTED THAT THIS IS AN ASBESTOS CEMENT PIPE.
TECHNICALLY, IT SOUNDS LIKE MAYBE THEY'RE REPLACING JUST SEVEN FEET OF THIS.
IS THAT THE SCHEME IS? WHICH LIKE I SAY, I'M CONCERNED THAT ONCE YOU TAMPER WITH ONE OF THESE PARTICULAR PIPES AND DON'T COMPLETE THE WHOLE PROCESS, WE'RE NOT GETTING A CONTINUOUS BENEFIT FOR NOT JUST THIS PROJECT, BUT OBVIOUSLY THE NEIGHBORS.
WE ALSO NEED TO MAKE SURE OUR NEIGHBORHOODS ARE CONTINUING TO BE SAFE WITH THESE THINGS.
I THINK THERE IS A SAFETY CONCERN.
I WOULD LIKE TO REQUEST A CONTINUANCE TO FIND MORE INFORMATION IF THAT'S ABOUT THIS PARTICULAR INFORMATION, IF THAT'S AN OPTION.
>> I THINK AT THIS MOMENT IN TIME WE WILL CONTINUE WITH THE PUBLIC HEARING.
>> MAYBE IF THE STAFF COULD JUST GIVE SOME FURTHER BACKGROUND ON WHY THE WAIVER OF THE 20 FEET VERSUS THE WHOLE THING, JUST HOW THAT PLAYS OUT AND HOW THAT'S APPROVED.
I'M UNCOMFORTABLE MAKING CALLS ABOUT WHAT'S SAFE AND WHAT'S NOT.
I THINK IT WOULD BE HELPFUL JUST TO EXPLAIN HOW WE CAME TO APPROVING THAT WAIVER JUST BE SOME HELPFUL BACKGROUND.
[01:15:01]
>> SURE. DURING THE REVIEW OF THIS PROJECT, THE UTILITIES CMWD DID IDENTIFY THAT THEY WERE CONCERNED WITH THE WAIVER, REQUESTED TO REPLACE A SHORTER DISTANCE THAN THESE ENGINEERING STANDARDS CALL FOR.
WE DID HAVE UTILITIES DRAW UP THE LANGUAGE OF CONCERN IN A MEMO WAS ALSO PROVIDED TO THE APPLICANT TO LET THEM KNOW THAT WE WERE CONSIDERING THE INFORMATION THAT CMWD PROVIDED.
IN LOOKING AT THAT INFORMATION, STAFF FROM THE PLANNING SIDE DID NOT SEE THAT WAS LOOKING FOR THE LANGUAGE, I BELIEVE IT'S TO DENY A INCENTIVE OR WAIVER REQUEST, YOU HAVE TO IDENTIFY A SPECIFIC ADVERSE IMPACT THAT THE WAIVER WOULD CREATE, THAT COULDN'T BE OTHERWISE MITIGATED.
WHILE THERE'S NO ARGUMENT THAT ASBESTOS PIPE SHOULD BE REPLACED AND THAT IT PRESENT SOME RISK.
THE SIMPLE REQUEST TO REPLACE I BELIEVE IT'S 20, 21 FOOT SECTION INSTEAD OF THE ENTIRE FRONTAGE.
WHILE IT WOULD BE BETTER TO REPLACE MORE PIPE, THE HEALTH AND SAFETY IMPACT IS NOT SPECIFIC TO THE PROJECT.
THAT WOULD APPLY TO ANYTIME WE TOUCH THE PIPE.
AGAIN, IT WAS A CONVERSATION THAT WAS HAD IN MULTIPLE MEETINGS BETWEEN PLANNING, CITY ATTORNEY OFFICE AND UTILITIES, AND STAFF DID NOT FEEL THAT THAT FINDING WAS READILY AVAILABLE TO BE MADE.
>> IF I COULD FOLLOW UP WITH THAT. COULD I FOLLOW UP ON THAT.
THAT'S VERY HELPFUL EXPLANATION.
IF I UNDERSTAND JUST IN LAYMAN'S TERMS, THE STANDARDS REMOVE A WHOLE FRONT OF APPROXIMATELY 100 FEET.
THE PLANNING STAFF DETERMINED THAT IS THERE PIPE BEYOND THAT, THAT IS ALSO STILL THE PIPE OF CONCERN.
WHETHER YOU MOVE 20 FEET OR 100 FEET, THERE'S STILL LONG LENGTHS OF PIPE THAT ARE OF THE SAME CONCERNING PIPELINE.
WHETHER YOU MOVE 20 FEET OR 100 FEET, THE UTILITIES DEPARTMENT WOULD WANT 100.
BUT THE STAFF DETERMINED 20 WAS MAYBE 100 IS BETTER, BUT YOU STILL HAVE A LONG PIPE WITH THE CONCERNING AREA.
WOULD THAT BE A LAYMAN'S EXPLANATION?
>> THAT'S SOUNDS TO BE CORRECT.
>> OKAY. THEN THE POSITION OF THE UTILITY DEPARTMENT, THEY WANTED THE WHOLE 100 FEET.
THEN THE STAFF SAID THEY FOUND A FINDING THAT THE 20 FEET WAS ACCEPTABLE WITHIN THE WAIVERS.
>> I WANT TO BE SPECIFIC. WE DID NOT FIND THAT THE FINDINGS TO DENY THE WAIVER REQUEST.
>> THANK YOU FOR CLARIFY. I DIDN'T MEAN TO.
>> THAT'S JUST A VERY HELPFUL EXPLANATION, TRYING TO UNDERSTAND THE WHOLE CONTEXT OF WHAT WE'RE DOING HERE. THANK YOU.
>> IF I COULD JUST ADD ON COMMISSIONER MERZ THROUGH THE CHAIR.
WE EVALUATE EACH OF THESE ON A CASE BY CASE BASIS FOR THE SPECIFIC FACTS.
THIS ONE WAS ALSO NOT A REQUEST TO UPSIZE.
IT'S ALREADY A LARGER PIPE RELATIVE TO SOME OF THE OTHER PIPES IN THE AREA.
THERE COULD BE OTHER CASES THAT ARE COMING BEFORE YOU WHERE WE DO THINK THOSE FINDINGS CAN BE MADE AND WE'LL BE PRESENTING THOSE ON A CASE BY CASE BASIS RELATED TO THE STANDARD.
IT'S NOT A MATTER OF US APPROVING OR NOT APPROVING THE WAIVER.
THE WAIVER IS ESSENTIALLY PRESUMED TO BE APPROVED UNLESS WE CAN SAY THERE IS AN OBJECTIVE HEALTH AND SAFETY STANDARD BASED UPON A QUANTIFIABLE STANDARD AND THAT THERE IS NO OTHER WAY TO MITIGATE THAT IMPACT.
I REMEMBER IT CAME UP IN THE BRIEFING, THE CAPACITY OF THIS PIPE WAS I THINK ABOVE STANDARD, IT WAS LIKE A 14 VERSUS AN EIGHT, IT WAS A LARGER CAPACITY PIPE, THE EXISTING ONE.
YOU REFERENCED THAT SOMEHOW IN YOUR EXPLANATION THERE IF YOU COULD CLARIFY THAT.
>> COULD YOU CLARIFY PLAN OF [INAUDIBLE]
>> SURE. DAVE CAN FILL IN, IF I GET A LITTLE BIT WRONG, BUT MOST AREAS WHERE YOUR RESIDENTIAL UNITS CONNECT TO A PIPE, IT'S NOT A 14 INCH PIPE.
THAT'S A LARGER PIPE AND IT'S MORE OF A MAIN.
THIS IS THE PIPE IN THE STREET.
IT'S A MAJOR STREET AND A MAJOR LINE.
IT'S BIGGER THAN SOME SIX OR SOME EIGHT LINES THAT YOU CONNECT TO.
AGAIN, NO UPSIZING WOULD BE REQUIRED.
IT IS QUITE A LARGE PIPE TO BEGIN WITH.
AT LEAST I BELIEVE THAT'S ACCURATE.
>> I CAN CONFIRM THAT. CAPACITY IS NOT THE ISSUE HERE.
THE PIPE IS LARGE ENOUGH FOR THE WATER DEMANDS THAT ARE BEING IMPOSED BY THE PROJECT.
IN OTHER PARTS OF THE DOWNTOWN AREA, I CAN'T SAY THAT'S GOING TO BE THE CASE, AND I'LL PROBABLY BE BACK BEFORE YOU ON OTHER PROJECTS WHERE WE DO HAVE CAPACITY ISSUES TO RECOMMEND FULL REPLACEMENT FOR THE ENTIRE FRONTAGE OF THE PROJECT WITH LARGER PIPE AND PVC PIPE.
[01:20:05]
>> GREAT QUESTION, COMMISSIONER MERZ.
[BACKGROUND] COMMISSIONER FITZGERALD.
>> I CAN WAIT. HE CAN CONTINUE.
>> JUST AGAIN, BASED ON THE RISK, I KNOW EVERYONE'S TALKING ABOUT IT.
DOES THE CITY ASSESS RISK JUST ON A YOU SAY CASE-BY-CASE BASIS, BUT WE'RE APPROVING OR POTENTIALLY APPROVING SEVERAL TYPES OF DEVELOPMENTS THAT ARE TOUCHING ON THIS.
DO YOU MAKE YOUR IMPACT OR YOUR RISK ASSESSMENTS BASED ON THE TRENDS OF THE STREET WE'RE DEVELOPING OR THE TRENDS OF THE PROJECTS WE'RE APPROVING OR JUST THIS ONE CASE?
>> THAT'S A VERY GOOD QUESTION.
THANK YOU FOR THAT QUESTION, BECAUSE IT BRINGS TO LIGHT THE ISSUES THAT UTILITIES THROUGHOUT CALIFORNIA ARE FACED WITH.
YEARS AGO, WE WOULD MASTER PLAN COMMUNITIES WHERE A TENTATIVE MAP WAS DEVELOPED, A DENSITY COUNT COULD BE ESTIMATED, AND WE COULD SIZE UTILITY SYSTEMS FOR THAT LEVEL OF DEVELOPMENT.
NOW WE HAVE LEGISLATION SUCH AS SENATE BILL 330, WHICH SAYS, I CAN ONLY LOOK AT A PROJECT BASED ON ITS OWN MERITS AND I'M NOT SUPPOSED TO CONSIDER OTHER DEVELOPMENTS THAT MIGHT BE SITUATED ON THE SAME STREET.
THOSE TWO LAWS ARE CONFLICTING IN MY OPINION, AND AS A UTILITY AS A WATER AND SEWER PURVEYOR, I HAVE NO CHOICE BUT TO SIZE THE SYSTEM FOR THE ULTIMATE BUILDOUT OF OUR CITY.
BECAUSE IF I DON'T, [NOISE] I MAY HAVE WATER CAPACITY ISSUES.
I MAY NOT BE ABLE TO PROVIDE FIRE FLOW FOR THESE PROJECTS.
I MAY NOT HAVE SEWER CAPACITY.
I MAY HAVE SEWER SPILLING FROM SEWER MANHOLES, AND I'M SUBJECT TO FINES BY THE STATE REGULATORS.
I HAVE TO TAKE THE MORE CONSERVATIVE APPROACH WHEN WE'RE CONSIDERING CAPACITY FOR OUR UTILITY SYSTEM.
>> I DO HAVE ONE MORE QUESTION ON SOMEWHAT OF A SEPARATE TOPIC.
FOR THE PARKING RISERS, IS THERE ANY FIRE RISK BY INSTALLING THOSE THAT YOU ARE ALL AWARE OF? SEEMS LIKE HEAVY EQUIPMENT, POTENTIALLY SOME TECHNOLOGY IN THERE.
IS THERE ANY FIRE RISK BECAUSE I KNOW THE FIRE RISER HAS BEEN SHORTENED? JUST CURIOUS IF THERE'S ANY RISK INSTALLING THOSE UNDERNEATH THE BUILDINGS.
>> THE FIRE MARSHAL DID REVIEW THE PLAN, SO THAT WASN'T AN ISSUE THAT WAS RAISED.
I WANT TO MAKE SURE IT'S CLEAR THAT THE WAIVER THAT'S REQUESTED IS TO ALLOW FOR THOSE FIRE RISER ROOMS TO BE WITHIN THE BUILDING SEPARATION OR THE FIRE RISERS THEMSELVES ARE NOT SMALLER.
THOSE ARE STILL THE NORMAL SIZE REQUIRED BY CODE.
WHAT'S THE OVERALL SIZE OF THE LOT? WHAT'S THE WIDTH OF THE LOT THAT THE WATER PIPE IS 100 FEET?
>> THEY'RE ONLY REPLACING 20 FEET.
WHAT HAPPENS TO THE OTHER 80 FEET? IS THAT NOT PART OF THE DEVELOPER'S REQUIRE.
THEY'RE DEVELOPING THIS, AND WE AS A COMMUNITY WOULD HAVE TO REPLACE THE OTHER PIECES OF ASBESTOS CEMENT PIPE ON OUR DIME AS OPPOSED TO THE DEVELOPER'S DIME. IS THAT CORRECT?
>> THAT'S CORRECT. WE HAVE SEPARATE FUNDS FOR THE REPLACEMENT OF WATER AND SEWER INFRASTRUCTURE.
FOR WATER INFRASTRUCTURE, WE HAVE WHAT IS CALLED THE WATER REPLACEMENT FUND, AND IT WILL REPLACE AGING INFRASTRUCTURE, SUCH AS ASBESTOS CEMENT PIPE, WITH NEWER MATERIALS, BUT IT DOESN'T ACCOUNT FOR ANY CAPACITY INCREASE.
WE HAVE A SEPARATE FUND IN OUR WATER ENTERPRISE, AND IT'S CALLED THE WATER CONNECTION FUND.
THAT FUND IS INFUSED, IF YOU WILL, OR FUNDED BY DEVELOPMENT PROJECTS TO ADDRESS CAPACITY NEEDS IN OUR SYSTEM.
TAKE, FOR INSTANCE, A DEVELOPMENT THAT MIGHT ADD 100 UNITS, AND WE NEED MORE FIRE FLOW TO THE SITE.
THE FEE THAT WOULD BE IMPOSED ON THAT DEVELOPMENT PROJECT WOULD BE DEPOSITED INTO THE WATER CONNECTION FUND SO THAT PIPE COULD BE INCREASED IN SIZE FOR MORE CAPACITY IN THE FUTURE.
TO GET TO YOUR QUESTION, WHAT HAPPENS TO THE REMAINING PIPE IN JEFFERSON STREET, THAT WILL BE REPLACED AS PART OF OUR LARGER ASBESTOS CEMENT PIPE REPLACEMENT PROGRAM, WHICH WE ARE IDENTIFYING IN OUR WATER MASTER PLAN.
BECAUSE IT IS AGING PIPE, IT WILL BE FUNDED IN PART BY THE WATER REPLACEMENT FUND.
[01:25:03]
>> WHICH IS TAXPAYER DOLLARS, WHICH POTENTIALLY INCREASE RATES FOR ALL OF US.
>> YES. WHICH IS FUNDED BY EVERY RATE PAYER THAT HAS A WATER METER AND THAT RECEIVES WATER?
>> THAT'S REALLY HELPFUL. THANK YOU SO MUCH.
BASICALLY, YOU'VE GOT THE LONG PIPE.
THE ONLY REASON THIS DEVELOPMENT THE IDEA WAS THAT THERE'S 100 FEET ALONG THE FRONT, SO THE RULE WAS TAKE ALL OF IT, WE GAVE THEM A WAIVER SO THEY'RE TAKING 20.
BUT ALL THE OTHER SECTIONS OF PIPE ALONG THERE, WHERE THERE ISN'T DEVELOPMENT GOING ON WILL EVENTUALLY BE REPLACED AS PART OF THE PROGRAM.
IT'S REALLY A COST BECAUSE THERE ISN'T DEVELOPMENT GOING ON, PART OF THE PROGRAM WILL BE REPLACED, SO IT'S JUST THE DIFFERENCES INSTEAD OF DOING THEM REPLACING 100, THEY'RE PLACING 20.
THEN THEY WOULD PICK UP THE CITY WHEN THEY DO THE PLACEMENT, THEY WOULD JUST PICK UP THE REST OF THAT PIPE WHEN IT'S REPLACED AS PART OF THE AGING PROGRAM.
>> THAT MAKES SENSE. THANK YOU.
>> REAL QUICK QUESTION. HOW MUCH IS THIS GOING TO COST A DEVELOPER TO REPLACE THAT PIPE?
>> WHICH SEGMENT OF PIPE, THE 20 FEET OR THE 100 FEET?
>> NOT THE 100 SHORT SECTION THAT WE'RE TALKING ABOUT HERE.
>> ON AVERAGE, WHEN THE WATER DEPARTMENT DOES A PIPE REPLACEMENT PROJECT, BECAUSE WE'RE A PUBLIC AGENCY AND WE HAVE TO PAY PREVAILING WAGE, IT COSTS US ABOUT $500 PER LINEAL FOOT OF PIPE.
>> WE'RE TALKING DID YOU SAY 500 FOOT?
>> THE SCOPE OF WHAT WE'RE TALKING ABOUT FOR THE LAST HALF AN HOUR IS TEN GRAND.
>> WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION? PLEASE STATE YOUR NAME, AND YOU HAVE 10 MINUTES FOR YOUR PRESENTATION. WELCOME BACK.
THANK YOU SO MUCH. CHAIR MEANS.
GOOD EVENING, MEMBERS OF THE COMMISSION.
AGAIN, I'M JONATHAN FRANKEL, AND I SERVE AS VICE PRESIDENT OF FORWARD PLANNING FOR RINCON HOMES.
MOST OF YOU KNOW, WE HAVE SOME NEW MEMBERS OF THE COMMISSION AND WELCOME.
RINCON HOMES IS CARLSBAD'S LOCAL HOMEBUILDER.
WE WERE FORMED HERE ABOUT 15 YEARS AGO.
OUR OFFICE HERE IN CARLSBAD, OUR PARTNERS LIVE HERE IN THE COMMUNITY AS WELL.
WE'VE REALLY BEEN FOCUSED ON PROVIDING HIGH-QUALITY HOMEOWNERSHIP OPPORTUNITIES IN TOWN, SPECIFICALLY INFILL DEVELOPMENT OPPORTUNITIES.
THAT'S REALLY BEEN OUR SPECIALTY, AND WE'VE HAD NEARLY A DOZEN SUCCESSFUL PROJECTS THROUGHOUT THE VILLAGE, SOME OF WHICH ARE ACTIVELY SELLING NOW.
IF YOU'RE CURIOUS ABOUT THE QUALITY OF OUR PROJECTS, I ENCOURAGE YOU TO DRIVE BY, WE'D BE HAPPY TO TAKE ANYBODY THAT'S INTERESTED IN SEEING WHAT WE DO.
WE'RE REALLY EXCITED ABOUT THE OPPORTUNITY TO DELIVER HOUSING OPPORTUNITY HERE FOR SALE ON THE JEFFERSON STREET CORRIDOR.
IT IS OUR FIRST PROJECT IN THIS PARTICULAR CORRIDOR, AND WE REALLY THINK THAT THIS IS GOING TO FIT A VERY IMPORTANT, GOOD MARKET SEGMENT FOR US IN THE COMMUNITY.
A COUPLE OF KEY ISSUES THAT I WANTED TO ADDRESS IN THIS DISCUSSION.
THE DISCUSSION ABOUT THE REPLACEMENT OF THE WATER IS REALLY ABOUT THE ALLOCATION OF COSTS, AS COMMISSIONER MERZ'S.
THE QUESTION IS, WHAT IS OUR FAIR SHARE? WE KNOW THAT WE ARE RESPONSIBLE FOR PAYING OUR FAIR SHARE, AND THAT IS THROUGH CONNECTION FEES.
YOU SAW THE CONDITION THAT WAS GOING TO BE ADDED.
WE ARE RESPONSIBLE FOR PAYING OUR PROPORTIONATE SHARE OF THIS GREATER REPLACEMENT PROJECT.
NOW, AS YOU HEARD STAFF SAY, THIS WATER MAIN WILL BE REPLACED AT SOME POINT.
THE QUESTION IS, WHAT IS AGAIN OUR FAIR SHARE AND THE STAFF ALLOCATES THAT THROUGH THESE FEES.
WE DO PAY A PORTION OF THIS, AND WE'RE COMMITTED TO DOING THAT ON ALL OF OUR PROJECTS.
REGARDING THE EXTENT OF IT, MEANING THE LENGTH, WHETHER WE'RE REPLACING 20 FEET AND WE'RE BREAKING AT TWO JOINTS OR WHETHER WE'RE REPLACING 100 FEET, YOU'RE GOING TO HAVE TO CUT THE PIPE AT A PARTICULAR LOCATION.
THE BOTTOM LINE IS THAT CAN BE DONE SAFELY.
IT IS DONE SAFELY ALL THE TIME.
OBVIOUSLY, THE CITY HAS TO REPLACE THOUSANDS AND THOUSANDS OF FEET OF THIS PIPE, AND THEY BELIEVE THEY CAN DO SO SAFELY, OTHERWISE, THEY WOULDN'T BE EMBARKING ON THAT PROJECT.
THIS IS SOMETHING THAT WE DO REGULARLY IS INFRASTRUCTURE WORK, AND SOMETHING, OF COURSE, THAT WE'RE GOING TO DO SAFELY HERE AS WELL.
THE COST SAVINGS, ORDER OF MAGNITUDE, THAT HELPS US OFFSET THE PROVISION OF ONSITE AFFORDABLE HOUSING.
WE HAVE A UNIT HERE THAT IS FOR VERY LOW-INCOME FAMILIES AND THAT HELPS US GENERATE A LITTLE BIT MORE REVENUE TO SUBSIDIZE THE PROVISION OF THAT ON-SITE AFFORDABLE HOUSING.
WITH THAT, THAT CONCLUDES MY PRESENTATION.
OUR DESIGN TEAM IS HERE, IN THE EVENT THAT YOU HAVE ANY QUESTIONS, AND AGAIN, THANK YOU SO MUCH FOR YOUR CONSIDERATION.
>> THANK YOU. ANY CLARIFYING QUESTIONS OF THE APPLICANT? COMMISSIONER LAFFERTY.
>> YOU'RE DOING VERY WELL ON THESE UNITS.
WHAT'S YOUR AVERAGE UNIT COST? WHEN YOU'RE SELLING THEM, BECAUSE THESE ARE CONDOS.
[01:30:03]
>> THAT IS CORRECT. PRICING IS BASED ON MARKET CONDITIONS AT THE TIME.
WE'VE BEEN WORKING ON THIS PROJECT FOR OVER TWO YEARS NOW.
IT'S GOING TO TAKE US PROBABLY A YEAR PLUS IN ORDER TO GET UNDER CONSTRUCTION AND GET TO SALE.
THE MARKET IS IN A VERY DIFFICULT MOMENT AT THIS POINT IN TIME TODAY. IT'S REALLY VARIABLE.
IT DEPENDS ON THE SIZE, THE PRODUCT TYPE, THE AMENITIES, IS JUST LIKE GOING TO BUY NEW VEHICLE OR ANY OTHER PRODUCT THAT'S SEGMENTED IN THAT WAY.
>> WHAT ARE YOU SELLING YOUR UNITS FOR?
>> I CAN'T TODAY TELL YOU WHAT THESE UNITS ARE GOING TO SELL FOR BECAUSE IT'S GOING TO REALLY DEPEND ON WHAT MARKET CONDITIONS ARE AT THAT TIME.
>> ARE YOU SAYING THEY'RE SELLING FOR LESS THAN $100,000?
>> NO. I CAN CERTAINLY SAY THAT THESE UNITS WILL NOT BE SELLING FOR LESS THAN $100,000.
IT COSTS US VASTLY MORE TO BUILD THESE UNITS THAN THAT?
>> CORRECT. BUT THE COST OF REPLACING THE ENTIRE LINE, AS SO ELOQUENTLY CALCULATED, IS ONLY $100,000.
MY QUESTION IS, AND WHEN YOU'RE GETTING $1 MILLION A UNIT, BECAUSE THAT'S 800,000? $100,000 IN THIS GRAND SCHEME OF 12 UNITS SEEMS VERY MINIMAL.
I APPRECIATE THE FACT THAT YOU'RE TRYING VERY HARD TO PUT IN A LOW-INCOME UNIT.
BUT I ALSO KNOW THAT ASBESTOS WATER IS PROBABLY NOT THE WAY THAT WE WANT TO SERVICE THESE BRAND NEW, WONDERFUL UNITS THAT YOU'RE TRYING TO HELP US GAIN THROUGH THIS PROCESS.
I JUST ASK WHAT ARE THE UNITS CURRENTLY SELLING TODAY THAT ARE APPROXIMATELY THE SAME SIZE, AND IS THERE ANOTHER WAY TO DEFRAY COSTS? BECAUSE I THINK OUR WATER SYSTEM IS UNDER ATTACK AS IT IS, AND I'M CONCERNED THAT MAYBE THE AMOUNT OF MONEY AND TIME THAT OUR MUNICIPALITY WILL TAKE TO BE ABLE TO REPLACE THOSE SYSTEMS MAY NOT HELP THE PEOPLE TODAY. THAT'S THE CONCERN I HAVE.
>> LET ME INTERRUPT YOUR POINT. CITY ATTORNEY.
>> IF I MAY, JUST TO ASSIST THE COMMISSION.
WHEN IT COMES TO A DENSITY BONUS PROJECT, THE GOVERNMENT CODE SAYS THE CITY SHALL GRANT THE CONCESSION OR INCENTIVE UNLESS THE CITY MAKES A WRITTEN FINDING BASED ON SUBSTANTIAL EVIDENCE THAT THE CONCESSION OR INCENTIVE WOULD HAVE A SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY.
THERE'S NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC IMPACT.
WITH THAT IN MIND, BECAUSE WE WERE TALKING ABOUT IT GENERALLY, I JUST WANTED TO LET YOU KNOW WHAT THE LAW SAYS ABOUT GRANTING THE SPECIFIC INCENTIVE THAT THIS LINE OF QUESTIONING IS DIRECTED AT.
>> IF YOU CUT AN ASBESTOS PIPE, WHAT ARE YOU GOING TO GET? [NOISE] A HAZARD, A SAFETY ISSUE.
I THINK IT'S WORTH TRYING TO UNDERSTAND.
I NEED ADDITIONAL DOCUMENTATION AS TO HOW THIS REALLY HELPS OUR OVERALL COMMUNITY. THANK YOU.
>> ANY FURTHER CLARIFYING QUESTIONS OF THE APPLICANT AT THIS MOMENT IN TIME? COMMISSIONER FOSTER.
>> I DON'T HAVE A QUESTION FOR THE APPLICANT, BUT I HAVE A QUESTION FOR OUR WATER GURU. I APOLOGIZE. I DON'T KNOW.
YOUR NAME AND TITLE IS NOT ON THE SCREEN.
ANYONE? WELL, HE DOESN'T HAVE A NAME TAGGER. YOUR NAME, SIR, I APOLOGIZE.
I THOUGHT WATER GURU WAS ELEVATING. [LAUGHTER] THANK YOU.
MY QUESTION IS BECAUSE THE APPLICANT DID SAY, IF I HEARD CORRECTLY, I HEARD THE APPLICANT SAY CUTTING A PIPE.
THEN I LOOKED AT YOU AND I SAW BODY LANGUAGE.
THE QUESTION IS, I GUESS IT'S A TWO-PART QUESTION, NOT TO READ INTO YOUR BODY LANGUAGE PUBLICLY HERE, BUT THE TWO-PART QUESTION IS, IS A 20-FOOT REPLACEMENT, IS THAT CORRECT? THEN THE PIPE SEGMENTS ARE SEVEN FEET.
THAT'S SHORT OF THREE SEGMENTS.
>> IT'LL BE APPROXIMATELY THREE SEGMENTS.
YOU MIGHT GET LUCKY WITH TWO SEGMENTS THAT ARE IMPACTED, BUT THREE, TO BE SAFE, THAT'S WHERE THE 20 FEET PLUS OR -1 FT.
>> THEN THAT'S THE CLARIFYING QUESTION THERE.
AS YOU'VE COMMUNICATED, IF IT'S JUST SIMPLY UNCOUPLING, REMOVING PARTS, AND NO BIG DEAL, BUT IF IT'S 20 FEET AND THEY'RE SHORT OF THAT THIRD SEGMENT.
BY THE WAY, I'M NOT AGAINST THIS PROJECT, AS FAR AS THE OVERALL, ESPECIALLY UNDER DENSITY BONUS LAW. I'M NOT AGAINST THAT.
[01:35:02]
BUT I DO HAVE A QUESTION OF SHOULD IT BE A 21 FOOT REQUIREMENT.IT'S HARD TO FIGURE OUT, WHERE DOES THIS COUPLING START AND WHERE DOES A COUPLING END? DO YOU SEE WHAT I'M SAYING?
>> THE POINT BEING TO AVOID A CUT.
THAT'S THE EASIEST WAY TO SAY IT.
>> PLEASE? YES. I WOULD NOT REFER TO THE DEVELOPER'S COMMENTS ON HOW PIPES ARE CONSTRUCTED.
I'VE BEEN DOING THIS FOR 35 YEARS, AND I CAN ASSURE YOU THAT WE DON'T CUT INTO ASBESTOS CEMENT PIPE.
WE DECOUPLE IT BY LIFTING UP AT THE COUPLING AND REMOVING IT WITHOUT BREAKING THE PIPE.
IN RARE INSTANCES, WE HAVE TO BREAK A COUPLING.
WE USE A SNAPPING TOOL, NOT AN ABRASIVE CUTTING WHEEL, TO REMOVE THE COUPLING.
THERE'S A BIG DIFFERENCE ON HOW IT'S DONE.
WHEN YOU TAKE ALL THE PRECAUTIONS, IT CAN BE DONE CAREFULLY.
>> THEN MY QUESTION GOES BACK TO CITY STAFF.
HOW EXACTLY IS THIS LANGUAGE OF THE 20-FOOT PIPE REPLACEMENT? DO YOU SEE WHAT I'M SAYING? HOW DOES IT EXACTLY GET IN FORCE WHERE THERE ISN'T A CUTTING MECHANISM DONE? DOES THE LANGUAGE NEED TO BE LOOSENED A LITTLE BIT, WHERE IT REQUIRES THEM TO? NO. THAT'S REALLY IT.
I'M NOT TRYING TO STOP IT. I'M JUST TRYING TO CLARIFY.
DOES THE LANGUAGE NEED TO BE LOOSENED TO CLARIFY THEY WILL REPLACE THREE COUPLINGS INSTEAD OF ACTUALLY LIKE A FOOT PERCENTAGE, BECAUSE THAT FOOT QUANTIFIER COULD REQUIRE A CUT? THE IDEA HERE BEING NO CUTS DECOUPLE.
>> THE ENGINEERING STANDARDS REQUIRE THE PIPE BE REMOVED TO THE NEAREST PIPE COUPLING OR TO THE NEAREST PIPE.
>> THAT'S WHAT'S IN THE RECOMMENDATION BY STAFF.
>> DAVE CAN CORRECT ME IF WRONG.
THE CONNECTION OF THE PIPE WOULD BE REVIEWED IN THAT STAGE BY MULTIPLE DEPARTMENTS AND WOULD BE REQUIRED BY THE DEVELOPER TO BE DONE PER CODE.
IF THE CODE SAYS YOU NEED TO DISCONNECT THIS PIPE AT THE COUPLINGS, THEY WOULD NEED TO FOLLOW THAT CODE.
AGAIN, I THINK WHAT DAVE WAS SAYING IS THAT TO SAY CUTTING INTO THE PIPE, I DON'T THINK ANYBODY'S CUTTING INTO THE PIPE UNLESS ABSOLUTELY NECESSARY, WHETHER IT BE A CITY PROJECT OR DEVELOPER-INITIATED PROJECT.
>> THANK YOU. I'LL NOW OPEN PUBLIC TESTIMONY.
MINUTES CLERK, DO WE HAVE ANY REQUESTS?
>> THEREFORE, I WILL CLOSE PUBLIC TESTIMONY.
>> THIS ITEM IS ALREADY WELL UNDERWAY.
STAFF, ANY CLARIFYING QUESTIONS? ANY FURTHER COMMENTS IN THIS REGARD? COMMISSIONERS, ANY FURTHER QUESTIONS OF STAFF IN REGARD TO THIS ITEM? LET'S DISCUSS THE ITEM.
LET'S MOVE ON FROM COMMISSIONER FITZGERALD.
ANY COMMENTS IN REGARD TO THIS ITEM?
>> I THINK ONE THING TO NOTE ABOUT THIS ISSUE IS THAT WITHOUT THIS DEVELOPMENT, THESE PIPES WOULD STILL BE THERE.
WITH THIS DEVELOPMENT, WE HAVE TO DEBATE, TO WHAT EXTENT WE WOULD LIKE TO IMPRESS UPON THIS PUBLIC HEALTH ISSUE IN LIGHT OF THE LAWS THAT HAVE BEEN PRESENTED TO US.
I'M ALL FOR INFILL DEVELOPMENT AND AFFORDABLE HOUSING.
I APPRECIATE THAT THESE WERE BROUGHT FORWARD TO THE COMMISSION.
I THINK IT WOULD BE INTERESTING TO ENTERTAIN A CONTINUATION AND JUST DISCUSS A LITTLE BIT FURTHER HOW WE'RE GOING TO SET THESE STANDARDS.
KNOWING THAT THERE'S GOING TO BE MANY MORE OF THESE BROUGHT TO US ON JEFFERSON STREET.
>> IF I HEARD THE CITY ATTORNEY AND CITY STAFF CORRECTLY, THIS IS COMING DOWN TO, HAS THE HIGH BURDEN BEEN CLEARED TO REJECT THIS REQUEST AND IT SOUNDS LIKE CITY STAFF IS WEIGHING THOSE OPTIONS AND SAYING THAT BURDEN HAS NOT BEEN MET TO REJECT THIS REQUEST.
I'D LIKE TO HEAR THE OTHER COMMISSIONERS, BUT I'M GLAD WE'RE FLESHING OUT THIS ISSUE RIGHT NOW ABOUT THE PIPES.
>> I'M IN FAVOR OF A CONTINUATION TO FIND OUT, NUMBER 1 TO MITIGATE THE TAXPAYERS COVERING WHAT A DEVELOPER SHOULD BE COVERING, BUT ALSO THE REAL CONCERN OF THE HEALTH SAFETY AND WELFARE OF THE PUBLIC REGARDING CHANGING OUT
[01:40:01]
PIPING THAT IS ALREADY MORE THAN 50-YEARS-OLD IS OBVIOUSLY A KNOWN CARCINOGEN, ASBESTOS IS A WELL KNOWN PROBLEMATIC MATERIAL AND HIGHLY DOCUMENTED AS A SAFETY CONCERN FOR MANY YEARS NOW.I REALLY THINK THAT THIS PARTICULAR CONCESSION SHOULD AT LEAST BE ELIMINATED IF WE DO VOTE ON IT AND IF WE DON'T VOTE ON IT, WE SHOULD CONTINUE. THANK YOU.
>> I APPRECIATE THE EXCELLENT JOB, STAFF AND REPRESENTATIVE FROM THE UTILITIES.
THIS IS VERY GOOD IMPRESSING THE BACKGROUND.
I THINK IT'S AN ISSUE OF COST ALLOCATION.
I DON'T THINK IT'S THE POSITION OF THE PLANNING DEPARTMENT TO STEP ABOVE WHAT WE'RE CALLING HEALTH AND SAFETY THING.
I WOULD RELY ON STAFF'S ASSESSMENT THAT AS COMMISSIONER BERTHA, THAT HASN'T MET A STANDARD TO BE A HEALTH AND SAFETY ISSUE.
THOSE SECTIONS ALONG SECTION OF PIPE ARE GOING TO REMAIN WHETHER 20 FEET OR 100 FEET ARE REMOVED.
ALSO, TO REGARDS THIS WHOLE THING ABOUT SAFETY IS MADE VERY CLEAR ACCORDING TO BUILDING CODES, THAT THOSE ARE DONE IN A PRESCRIBED WAY.
I THINK REALLY THE ISSUE IS COST ALLOCATION AS THE APPLICANT STATE, I AGREE WITH THAT POINT AND I'D BE IN FAVOR OF THE PROJECT AND I WOULD NOT BE IN FAVOR OF A CONTINUATION. THANK YOU.
>> TALKED A LOT MORE ABOUT WATER PIPES THAN I EVER THOUGHT I WOULD TALK ABOUT TONIGHT.
[LAUGHTER] OVERALL, I'M IN FAVOR OF THIS PROJECT, I'M NOT IN FAVOR OF CONTINUATION OF IT.
I THINK SOME OF THE QUESTIONS WERE A BIT UNFAIR TO THE APPLICANT, TO BE HONEST WITH YOU.
FOR THE PUBLIC, FOR THOSE THAT DO AND DO NOT KNOW, WHEN A DEVELOPER SUBMITS A PROJECT TO THE CITY IT TAKES APPROXIMATELY TWO YEARS TO GET HERE.
THEN IN THE EVENT THEY GET THRO PLANNING COMMISSION AND POTENTIAL CITY COUNCIL, THEN IT'S GOING TO TAKE ANOTHER TWO YEARS TO BUILD.
FROM START TO FINISH, YOU'RE TALKING ABOUT A FOUR-YEAR TIME FRAME.
TO TALK REAL ESTATE VALUES IN 2025, WHEN THESE ITEMS AREN'T GOING TO HIT THE MARKET UNTIL 2027 IS IMMATERIAL, IN MY OPINION.
IN ADDITION TO THAT, THIS COMES DOWN TO THREE WORDS, DENSITY, BONUS, LAW.
AS MUCH AS PEOPLE LIKE IT OR HATE IT, IT'S A PRETTY STRONG LAW.
AS WE'VE ALL BEEN ADVISED BY THE CITY ATTORNEY'S OFFICE, YOU HAVE TO HAVE VERY STRONG CONCRETE ADVERSE FINDINGS AGAINST PUBLIC HEALTH SAFETY TO DENY A PROJECT TO THE BEST OF MY KNOWLEDGE, IN THE EVENT OF A PROJECT WERE TO BE DENIED, BASED ON THOSE FINDINGS, THE APPLICANT CAN EASILY JUST TURN AROUND AND SUE THE CITY CARLSBAD.
NOW THE TAXPAYERS ARE PAYING FOR LITIGATION, THAT'S COMPLETELY UNNECESSARY.
I SUPPORT THE PROJECT, I DO NOT SUPPORT A CONTINUANCE.
I THINK THE CITY STAFF HAS DONE ALL THEIR HOMEWORK.
I REALLY APPRECIATE YOU BEING HERE.
YOU SHED A LOT OF LIGHT ON THE WHOLE WATER PIPE ISSUE AND THAT'S IT.
I DON'T SUPPORT THE CONTINUATION.
I SAY THIS EVERY MEETING, THAT AS A CITY, WE ARE VERY FORTUNATE TO HAVE DEVELOPERS THAT COME HERE AND WANT TO DEVELOP OUR REAL ESTATE AND WANT TO MAKE THE CITY BETTER.
I THINK WE ARE PUTTING BURDENS ON THE DEVELOPER THAT I DON'T THINK THAT SHOULD BE BORNE BY THE DEVELOPER.
I DON'T SEE A SAFETY ISSUE AT ALL.
I TRUST YOU KNOW HOW TO DO THIS.
WE'RE JUST CREATING A SAFETY ISSUE AND YOU KNOW HOW TO DO THIS.
I DO WONDER WHY IT CAN'T BE 3 * 7 = 21, WHICH WOULD BE EXACTLY COUPLING, BUT WHATEVER.
I THINK IT'S A WONDERFUL PROJECT.
I REALLY THANK THE DEVELOPER FOR ALL YOUR HARD WORK AND EVERYTHING YOU DO TO TRY TO MAKE THIS CITY BETTER AND I 100% SUPPORT IT.
>> I ALSO SUPPORT THE PROJECT ITSELF.
I THINK THE PROJECT IS AN EXCELLENT PROJECT.
IT MEETS A LOT OF THE STATE HOUSING ISSUES, THE LOW INCOME HOUSING UNITS IN REGARD TO THE FINDINGS.
THOSE ARE THE DECISIONS WE HAVE TO MAKE, DOES IT MEET THE FINDINGS? IN THIS REGARD, STATEMENTS BY THE CITY ATTORNEY, AS WELL AS, OF COURSE, STAFF ITSELF, I THINK THE DUE DILIGENCE IS ALREADY THERE.
[01:45:02]
I'M REALLY AGAIN, YOUR COMMENT MADE EARLIER, COMMISSIONER FOSTER, I'M GLAD YOU'RE HERE THIS EVENING BECAUSE HAVING YOU HERE DID HELP THE COMMUNICATION ASPECT AND HAVE US BETTER UNDERSTAND THAT AREA SO THANK YOU VERY MUCH IN THAT REGARD.WITH THAT, ANY FURTHER DISCUSSION? I'D LIKE TO HAVE A MOTION.
THE MOTION ITSELF TOO, I THINK THE ADDITIONAL CONDITIONS THAT WAS REFERRED TO BY STAFF SHOULD ALSO, YOU CAN MAKE THAT REGARD AS WELL. MAY I HAVE A MOTION?
>> CAN YOU PUT THE SCREEN BACK [OVERLAPPING].
>> JUMP IN THE GUN A LITTLE BIT.
>> FROM THE PREVIOUS SCREEN SHOWED.
>> WITH THE ADDITION OF CONDITION NUMBER 59. COMMISSIONER FOSTER.
>> I'LL MAKE A MOTION TO APPROVE THE PROJECT BASED ON STAFF'S RECOMMENDATION WITH THE ADDITION OF CONDITION 59 AS RECOMMENDED BY STAFF.
>> MOTION BY COMMISSIONER FOSTER, SECOND BY COMMISSIONER HUBINGER, PLEASE VOTE.
THANK YOU VERY MUCH. THANK YOU, DAVE FOR BEING WITH US THIS EVENING. WE APPRECIATE THAT.
WELL, WE OPEN UP PUBLIC HEARING NUMBER 2.
FIRST, EX PARTE BY COMMISSIONERS IN REGARD TO ITEM NUMBER 2, COMMISSIONER FITZGERALD.
>> I'M FAMILIAR WITH THE SITE.
>> I ACTUALLY VISIT, WALK AT THE SITE. I WALK THE SITE.
>> COMMISSIONER FOSTER. I'M FAMILIAR WITH THE SITE.
>> I ALSO DROVE BY THE SITE AS WELL.
MR. LARDY, WOULD YOU PLEASE INTRODUCE ITEM NUMBER 2.
[2. BARONS MARKET - SDP 2025-0006 (DEV2025-0063)]
>> YES. I'M HERE TO GIVE THE STAFF PRESENTATION FOR BARONS MARKET IS SENIOR PLANNER, EDWARD VALENZUELA.
BEFORE WE TURN THIS OVER, THIS ONE IS A LITTLE BIT UNIQUE.
ALSO WANTED TO GIVE A LITTLE BIT OF AN INTRODUCTION TO THIS ONE.
THE VILLAGE & BARRIO MASTER PLAN WAS PREPARED WITH SIGNIFICANT PUBLIC INPUT.
IT ALLOWS FOR A VARIETY OF RESIDENTIAL, COMMERCIAL AND EMPLOYMENT USES WITHIN IT.
THERE'S A LOT OF PUBLIC INPUT INTO IT AND THERE ARE SOME THINGS THAT ARE RESTRICTIVE IN THAT PLAN, SPECIFICALLY ON THE NUMBER, SIZE AND MATERIALS OF SCIENCE.
WHAT WE HAVE TO BALANCE WITH THAT IS WHAT DOES THE PLAN ALLOW VERSUS WHAT ARE THE USES THAT WE WANT TO ENCOURAGE? THIS IS A PROJECT THAT WOULD BE A GROCERY STORE AND IT IS SPECIFICALLY CALLED OUT AS SOMETHING THAT'S ENCOURAGED IN THE VILLAGE.
IT'S ALSO SOMETHING THAT WITH ANOTHER PROJECT MOVING FORWARD, WE THINK WOULD BE THE ONLY FORMAL GROCER IN THE VILLAGE ONCE OPEN.
WHEN THEY CAME TO US WITH THEIR SIGNED PROPOSAL, WE REVIEWED AND SAW THAT IT DID NOT MEET THE STRICT COMPLIANCE STANDARDS OF THE VILLAGE & BARRIO MASTER PLAN.
WE EVALUATED WHETHER WE COULD LOOK AT VARIANCES AND THOSE WERE NOT SOMETHING THAT WE COULD LOOK AT.
BUT THE VILLAGE & BARRIO MASTER PLAN DOES HAVE A STANDARD MODIFICATION SECTION BUILT INTO IT FOR A NUMBER OF REASONS, PROVIDING THINGS SUCH AS AFFORDABLE HOUSING, ELECTRIFICATION, OR OTHER REASONS AT THE PURVIEW OF THE DECISION MAKER.
THIS IS UNIQUE, BUT WE'VE WORKED WITH THE APPLICANT TO PROPOSE SOMETHING THAT CAN ULTIMATELY GO TO THE CITY COUNCIL FOLLOWING YOUR RECOMMENDATION ON WHETHER OR NOT YOU WANT TO CONSIDER A STANDARDS MODIFICATION FOR THEIR SIGNAGE PROPOSAL.
THE CHARGE TO YOU AND ULTIMATELY, THE CITY COUNCIL IS TO BALANCE THE VITAL USES AND THE ENCOURAGEMENT OF THIS USE WITH THE POTENTIAL PRESENT AND SETTING OF SIGNAGE WITHIN THE VILLAGE & BARRIO MASTER PLAN AREA.
WITH THAT INTRODUCTION, I WILL AGAIN INTRODUCE SENIOR PLANNER, VALENZUELA.
>> GOOD EVENING, COMMISSIONERS.
ITEM 2 ON THE AGENDA TONIGHT IS BARONS MARKET, A REQUEST FOR A SITE DEVELOPMENT PLAN FOR A STANDARDS MODIFICATION FOR INCREASED SIGNAGE FOR BARONS MARKET.
THE PROJECT IS LOCATED ON A 2.46 ACRE LOT AT 2,800 ROOSEVELT STREET IN THE VILLAGE & BARRIO ZONE AND LAND USE DESIGNATION AND THE VILLAGE CENTER DISTRICT OF THE VILLAGE & BARRIO MASTER PLAN.
THE PROJECT SITE IS AN EXISTING MULTI-TENANT COMMERCIAL CENTER, SURROUNDED BY A MIXTURE OF COMMERCIAL AND RESIDENTIAL USES.
THE PROJECT PROPOSES A REQUEST FOR A STANDARDS MODIFICATION FOR TWO MONUMENT SIGNS AND FOUR WALL SIGNS FOR THE BARONS MARKET GROCERY STORE TO BE LOCATED IN A 14,000 SQUARE FOOT TENANT SPACE ON THE EAST END OF THE PROPERTY.
THE PROPOSED SIGNS, 119 SQUARE FEET ILLUMINATED WALL SIGN THAT WILL BE LOCATED ABOVE
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THE BARONS MARKET ENTRANCE ORIENTED TOWARDS THE PARKING LOT AWAY FROM ROOSEVELT STREET AND MADISON STREET, TWO APPROXIMATELY 55 SQUARE ILLUMINATED WALL SIGNS LOCATED ON ADJACENT ELEVATIONS OF A NEW PARAPET EXTENSION ON THE SOUTHEASTERN CORNER OF THE BUILDING, ONE APPROXIMATELY 100 SQUARE FEET NON ILLUMINATED BARONS MARKET LOGO SIGN ALSO ON THE SOUTHEAST BUILDING CORNER AND 253 SQUARE FOOT MONUMENT SIGNS.THE SIGNS WILL BE LOCATED OFF THE ROOSEVELT STREET AND MADISON STREET DRIVEWAY ENTRANCES, REPLACING THE EXISTING MONUMENT SIGNS AND WILL BE LOCATED OUTSIDE OF AN EXISTING EASEMENT, CLEAR ZONE AND VISION CLEARANCE AREAS.
THE 19 SQUARE FOOT PARKING LOT ORIENTED SIGN WILL FEATURE A WHITE INTERNALLY ILLUMINATED FACE WITH A MAXIMUM OF 18 INCH LETTERS.
THE 255 SQUARE FOOT WALL SIGNS LOCATED ON THE PARAPET EXTENSION WILL FEATURE WHITE INTERNALLY ILLUMINATED FACES AND THE LOGO SIGN WILL BE A NON ILLUMINATED ALUMINUM FLAT CUT OUT METALLIC GOLDEN COLOR AND WILL WRAP AROUND THE BUILDING CORNER.
THE MONUMENT SIGNS FEATURE A STONE VENEER BASE MATCHING THE BUILDING, WHITE ACRYLIC HELLO LIT CHANNEL LETTERS FOR BARONS MARKET COPY ON A DARK BRONZE BASE AND ILLUMINATED WHITE ACRYLIC CENTER WITH BROWN PAINTED TENET PANELS AND A DARK GRAY COMMERCIAL CENTER ID WITH WHITE ACRYLIC ILLUMINATED LETTERS.
THE CURRENT VILLAGE & BARRIO SIGN STANDARDS WERE ESTABLISHED IN 2019 WITH THE ADOPTION OF THE VILLAGE & BARRIO MASTER PLAN.
THE STANDARDS IN THE MASTER PLAN APPLY TO ALL PROPERTIES WITHIN THE VILLAGE & BARRIO MASTER PLAN AREA AND TAKE PRESIDENCE OVER THE MUNICIPAL CODE SIGN ORDINANCE AND THE SITE'S PREVIOUS SIGN PROGRAM.
A MODIFICATION TO A DEVELOPMENT STANDARD MAY BE PERMITTED BY DECISION MAKING AUTHORITY IN THE VILLAGE & BARRIO MASTER PLAN AREA TO ENABLE A SIGNIFICANT PUBLIC BENEFIT AS DETERMINED BY THE DECISION MAKING AUTHORITY.
THROUGH A DISCRETIONARY APPROVAL, A STANDARDS MODIFICATION MAY INCLUDE SIGN STANDARDS AND MAY INVOLVE MORE THAN ONE STANDARD.
TO GRANT A STANDARDS MODIFICATION, THE DECISION MAKING AUTHORITY IS REQUIRED TO MAKE FINDINGS THAT THE APPLICANT PROVIDED ACCEPTABLE EVIDENCE TO DEMONSTRATE THE NEED FOR THE STANDARDS MODIFICATION AND THERE'S NO OTHER WAY TO REASONABLY ACHIEVE ONE OR MORE OF THE PROPOSED PURPOSES OUTLINED IN SECTION 2.6.7.B OF THE VILLAGE & BARRIO MASTER PLAN WITHOUT THE MODIFICATION.
THE STANDARDS MODIFICATION IS CONSISTENT WITH THE GOALS AND POLICIES OF THE MASTER PLAN AND THE VISION AND INTENT OF THE APPLICABLE DISTRICT.
THE DECISION MAKING AUTHORITY HAS DETERMINED THE PROJECT PROVIDES A SIGNIFICANT PUBLIC BENEFIT THAT WARRANTS THE GRANTING OF THE STANDARDS MODIFICATION.
THE SIGN STANDARDS REQUESTED TO BE MODIFIED ARE THE FOLLOWING.
INCREASING THE NUMBER OF WALL SIGNS FROM ONE TO FOUR AND INCREASE IN WALL SIGN LETTER HEIGHT FROM A MAXIMUM OF 18 INCH IS TO 31 INCHES ON TWO OF THE FOUR WALL SIGNS, AN INCREASE IN THE TOTAL WALL SIGN AREA FROM 122 SQUARE FEET BASED ON ONE SQUARE FOOT PER ONE LINEAL FOOT OF LEASE FRONTAGE TO 229 SQUARE FEET OF SIGN AREA.
AN INCREASE IN THE NUMBER OF MONUMENT SIGNS ALLOWED FROM ONE PER PROPERTY TO TWO FOR THE PROPERTY AND INCREASE IN MONUMENT SIGN AREA FROM 24 SQUARE FEET PER SIGN TO 53 SQUARE FEET PER SIGN.
AN INCREASE IN MONUMENT SIGN HEIGHT FROM SIX FEET TO SIX FEET SEVEN INCHES.
>> IF THE PROJECT SITE WAS LOCATED OUTSIDE THE VILLAGE AND BARRIO MASTER PLAN AREA, THE PROPOSED SIGN WOULD COMPLY WITH FOUR OF THE SIX STANDARDS OF THE MUNICIPAL CODE SIGN ORDINANCE, WHICH OFFERS MORE FLEXIBILITY FOR LARGER ANCHOR TENANTS.
THE FOLLOWING STANDARDS THAT COMPLY WITH THE MUNICIPAL CODE SIGN INS ARE THE FOLLOWING: LETTER HEIGHT, WHICH ALLOWS UP TO 36 INCHES FOR TENANT SPACES THAT ARE 10,000-50,000 SQUARE FEET IN SIZE, NUMBER OF WALL SIGNS, THE SIGN ORDINANCE HAS NO MAXIMUM NUMBER, NUMBER OF MONUMENT SIGNS, ONE PER DRIVEWAY IS ALLOWED, AND MONUMENT SIGN AREA, WHICH ALLOWS FOR UP TO 60 SQUARE FEET PER MONUMENT SIGN.
STAFF HAS REVIEWED THE SCOPE OF THE PROJECT AND FINDS THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENT FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO CEQA GUIDELINE SECTION 15311 ACCESSORY STRUCTURES, WHICH EXEMPTS ON PREMISES SIGNS.
DRAFT NOTICE OF EXEMPTION IS INCLUDED IN EXHIBIT 5 OF THE STAFF REPORT FOR CONSIDERATION.
FOR THE REASONS SPECIFIED HERE AND IN THE STAFF REPORT, STAFF RECOMMENDS THAT PLANNING COMMISSION ADOPT THE RESOLUTION RECOMMENDING APPROVAL OF THE CEQA EXEMPTION DETERMINATION AND SITE DEVELOPMENT PLAN FOR THE STANDARDS MODIFICATION. THANK YOU.
COMMISSIONERS, CLARIFYING QUESTIONS OF STAFF, COMMISSIONER BURROWS.
>> THANK YOU FOR THAT PRESENTATION.
DO YOU KNOW WHAT HOURS THE ILLUMINATED SIGNS WILL BE LIT?
[01:55:01]
BECAUSE I IMAGINE THAT THE SIGNS LATE AT NIGHT WOULD BE POTENTIALLY NUISANCE TO THE LOCAL RESIDENTS.>> YES. THERE ARE RESIDENCES DIRECTLY ACROSS THE STREET FROM THE PROJECT, AND CURRENTLY THE SIGN IS CONDITIONED TO BE TURNED OFF AT THE CLOSE OF BUSINESS, WHICH WOULD BE 9:00 P.M.
>> THIS IS PROBABLY A GOOD TIME TO ACKNOWLEDGE WE DID RECEIVE CORRESPONDENCE ON THIS ITEM ON OCTOBER 9TH AT THE 8:00 A.M BATCH THAT WAS POSTED TO OUR WEBSITE AND DISTRIBUTED TO THE COMMISSIONERS.
>> YES. IN THE BRIEFING, I THOUGHT IT WAS REALLY INTERESTING.
I APPRECIATE YOU PUTTING UP THE SLIDE THERE, MY UNDERSTANDING OF THE BACKGROUND WAS THAT THE ORDINANCES FOR SIGNS IN THE VILLAGE DIDN'T REALLY ACCOUNT FOR THIS TYPE OF USE.
THEN ANYWHERE ELSE IN THE CITY, THIS WOULD NOT BE AN ISSUE.
IT SEEMS TO COME OUT IN THE BRIEFING WAS THAT THIS IS JUST UNIQUE SITUATION WHERE THERE'S A GROSS THE VILLAGE SIGNS PROGRAM DOESN'T REALLY ACCOUNT FOR THIS TYPE OF USE.
THAT'S WHERE WE'RE AT TODAY BECAUSE IF THIS WAS ANYWHERE ELSE IN THE CITY, WE WOULDN'T BE DEALING WITH THIS; IS THAT CORRECT? OR SOMEWHAT CORRECT?
>> YEAH, SINCE FOUR OUT OF SIX SIGN STANDARDS COMPLY, IT'S JUST THE MONUMENT SIGN HEIGHT AND THE TOTAL WALL SIGN AREA THAT DON'T COMPLY IF THEY WERE OUTSIDE THE VILLAGE AND BARRIO MASTER PLAN AREA.
>> EXCELLENT QUESTION. COMMISSIONER LAFFERTY.
>> CAN YOU SAY THAT AGAIN, MONUMENT SIGN HEIGHT AND WHAT WAS THE OTHER THING?
>> TOTAL WALL SIGN AREA, 122 SQUARE FEET WOULD BE ALLOWED NORMALLY, AND THAT'S ALSO THE SAME IN THE VILLAGE AND BARRIO AREA.
THAT STANDARD IS THE SAME, JUST BASED ON ONE SQUARE FOOT PER ONE FOOT OF LINEAL FRONTAGE THAT'S ALLOWED FOR TOTAL WALL SIGN AREA.
THE LINEAL FRONTAGE IS 122 FEET LONG.
THEY'RE ALLOWED 122 SQUARE FEET OF SIGN AREA, AND THEY ARE PROPOSING 229 SQUARE FEET OF WALL SIGN AREA.
>> TWO HUNDRED AND TWENTY NINE IS QUITE SIGNIFICANTLY LARGER THAN EVEN WHAT OUR STANDARD THROUGHOUT THE CITY IS; IS THAT CORRECT?
>> A HUNDRED SQUARE FEET. I GUESS THAT MY CONCERN IS IT'S THE HEIGHT OF THE MONUMENT, NOT SO MUCH THE NUMBER.
I THINK THAT BEING THE ONLY GROCERY, PRESUMABLY IN THE VILLAGE, IT SEEMS A LITTLE OVERKILL THAT WE WOULD HAVE WAY BIGGER SIGNS IN THE VILLAGE THAN ANY PLACE ELSE THROUGHOUT OUT THE CITY.
UNDERSTANDING THAT THE VILLAGE AND BARRIO MASTER PLAN DID NOT ACCOUNT FOR LARGER ANCHOR TENANTS LIKE THIS, BUT MOST OF THE SIGNS AS DISCUSSED IN OUR BRIEFING ARE LEGAL NON CONFORMING IN THE VILLAGE.
SIGNS THAT DON'T COMPLY WITH THE VILLAGE AND BARRIO STANDARDS STILL ARE ALLOWED TO EXIST BECAUSE THEY'RE EXISTING BUSINESSES.
THIS IS A NEW BUSINESS, AND IT SEEMS WE SHOULD AT LEAST TRY TO MEET OUR EXISTING POLICY EVEN IF IT IS VARYING WITH THE VILLAGE PLAN TO MEET OUR POLICY FOR THE OVERALL CITY BECAUSE OBVIOUSLY OUR OVERALL CITY PLAN TRIES TO ACCOUNT FOR LARGER TENANTS LIKE THIS.
THE SIX FOOT SEVEN MONUMENT SIGN IS THE BIGGEST CONCERN I HAVE BECAUSE I FIND THOSE MONUMENT SIGNS VERY LARGE AND WONDERFUL PLACES TO HIDE.
I REALLY DON'T LIKE THE IDEA THAT IT WOULD BE THAT BIG OF A SHIELD FOR SOMEONE COMING OUT OF THEIR CAR WHO DOESN'T EXPECT TO SEE SOMEONE COMING AROUND THE CORNER.
I THINK THAT THE HEIGHT OF THAT LARGER SIGN IS A SAFETY CONCERN FOR A VILLAGE.
I THINK THE OTHER SIGNS, AGAIN, I AGREE WITH THE COMMISSIONER THAT AS LONG AS THEY CAN TURN THEIR LIGHTS OFF 9:00, 10:00 AT NIGHT, I THINK THAT WOULD BE OKAY FOR THE NEIGHBORHOOD, BUT THERE ARE A LOT OF RESIDENTS IN THAT NEIGHBORHOOD, SO ABOUT 229 SQUARE FOOT SIGN IS A REALLY LARGE SIGN.
THAT'S GOING TO SHED A LOT OF LIGHT.
IF WE ONLY HAVE 122, IS IT POSSIBLE TO REQUEST THAT WE AT LEAST CONFORM TO OUR CITY WIDE STANDARDS?
>> YES, I JUST WANT TO CLARIFY THAT THE SIGNS WERE REVIEWED BY BOTH THE LAND DEVELOPMENT,
[02:00:04]
ENGINEERING DEPARTMENT AND THE TRANSPORTATION DEPARTMENT FOR SAFETY, ESPECIALLY FOR VISION CLEARANCE FOR DRIVERS.I DO HAVE A SLIDE THAT SHOWS THAT.
HERE IT SHOWS THE VISION CLEARANCE TRIANGLES THAT THEY WERE REQUIRED TO PUT TO MAP THE VISION THAT DRIVERS WOULD SEE AS THEY'RE EXITING THE PARKING LOT FOR PEDESTRIANS OR OTHER CARS.
BASED ON THAT, THE TRANSPORTATION DEPARTMENT AND THE LAND DEVELOPMENT ENGINEERING WERE ABLE TO SIGN OFF ON THE PROJECT AFTER REVIEWING IT THAT THEY MEET THE STANDARDS.
ADDITIONALLY, THAT YOU ALSO MENTIONED THAT THE 229 SQUARE FEET THAT'S GOING TO BE BROKEN UP INTO FOUR DIFFERENT WALL SIGNS, SO IT WON'T BE JUST ONE LARGER SIGN.
ADDITIONALLY, 100 SQUARE FEET OF THAT WILL NOT BE ILLUMINATED.
>> PLANNER VALENZUELA, MAYBE IT WOULD BE HELPFUL IF YOU SHOW WHAT COMPRISES OF THAT 223 SQUARE FEET BECAUSE IT DOES INCLUDE NEARLY 100 OF THAT, THE LOGO THAT'S NOT ILLUMINATED.
THE OTHER THING I JUST WANTED TO SHARE WHILE YOU'RE PULLING THAT UP IS, THIS IS NOT A HOUSING DEVELOPMENT PROJECT.
YOU HAVE DISCRETION IN MAKING YOUR RECOMMENDATIONS, EITHER TO RECOMMEND APPROVAL OR RECOMMEND APPROVAL WITH MODIFICATIONS TO THE PLANNING COMMISSION OR TO THE CITY COUNCIL.
>> HERE IS THE FRONT ELEVATION OF THE PROJECT FACING THE ENTRANCE.
THERE IS A 19 SQUARE FOOT WALL SIGN ABOVE THE ENTRANCE, AND THEN THERE ARE TWO LARGER WALL SIGNS.
THAT ARE ON THE CORNER OF THE BUILDING ON THAT NEW PARAPET EXTENSION RIGHT HERE.
ADDITIONALLY, THERE'S THAT 100 SQUARE FOOT LOGO SIGN, THE B THAT WRAPS AROUND THE CORNER AS WELL.
THAT IS THE ONE THAT WILL NOT BE ILLUMINATED.
WITHOUT THAT, THE TOTAL WALL SIGN AREA WOULD BE SIGNIFICANTLY LOWER, WOULD BE 129 SQUARE FEET THAT RESIDENTS WOULD HAVE TO WORRY ABOUT, SO TO SPEAK.
BUT AS WE ARE CONDITIONING IT TO HAVE THEM CLOSE AT BUSINESS HOURS.
>> A HUNDRED AND TWENTY NINE SQUARE FEET ILLUMINATED, RIGHT?
>> THAT'S PRETTY CLOSE TO THE OVERALL STANDARDS, THE CITY WIDE STANDARDS.
>> I APPRECIATE THAT SLIDE UP THERE.
I THINK THIS POINT WHEN THE PLAN COMMISSIONER'S INTERPRETIVE SIDE, WHAT WE DO IS, THERE'S THE COOKBOOK AND THE NUMBERS.
BUT WHEN YOU LOOK AT THE PART OF THAT TOTAL SIGN SQUARE FOOTAGE IS THAT LOGO, THAT INCLUDES THAT, CORRECT? TECHNICALLY, THEY'RE OVER IT, BUT IT'S A LOGO.
I THINK THAT'S WHY IN THE PLAN COMMISSION INSTEAD OF JUST FITTING THINGS IN THE NUMBERS, THAT'S WHY WE'RE ABLE TO LOOK AT MAKE INTERPRETIVE THINGS LIKE THAT.
I THINK THE OTHER THING TOO IS THAT ACTUALLY WHEN I WENT THERE, I GOT OUT OF MY CAR AND I WALKED THE SITE, WHEN YOU'RE TALKING THE STREET FRONT, YOU'RE TALKING THE STREET FRONT OF MADISON, CORRECT? WILL YOU CALCULATE THAT IN YOUR LINEAL FOOTAGE, CORRECT?
>> THIS IS BASED ON THE LEASE FRONTAGE, SO THAT WOULD BE FACING THE PARKING LOT, THE STREET.
>> I THINK THE ISSUE HERE THOUGH, AGAIN, BACK TO THE INTERPRETER PART ON THE PLAN COMMISSION, WALKING, LOOKING AT A SITE LIKE THIS, YOU'RE TRYING TO FIT A GROCERY STORE THAT BECAUSE OF A TIGHT REAL ESTATE SITUATION, THEY'RE THE BACK OF THE PROJECT.
THEY DON'T REALLY GET ANY BENEFIT OF THE TRUE FRONT OF THE PROJECT, WHICH IS ON WISCONSIN, NOT MADISON.
WHAT'S THE STREET IN FRONT? I'M SORRY.
>> MADISON AND THEN THE OTHER? ROOSEVELT.
>> I'M SORRY, ROOSEVELT. I GUESS WHAT I'M SAYING, I THINK IT'S IMPORTANT TO NOTE THIS IS AT THE BACK OF THE PROJECT.
ALSO TOO, I APPRECIATE THAT SLIDE BEING UP THERE THAT WHEN YOU LOOK AT THE OVERALL SQUARE FOOTAGE, A LOT OF THAT'S LOGO.
>> ANY FURTHER QUESTIONS AT THIS TIME? DOES THE APPLICANT WANT TO MAKE A PRESENTATION?
>> YES, THE APPLICANT WILL BE MAKING A PRESENTATION.
>> PLEASE STATE YOUR NAME, AND YOU HAVE 10 MINUTES TO MAKE YOUR PRESENTATION. THANK YOU.
>> THANK YOU SO MUCH FOR HAVING US.
MY NAME IS RACHEL SHEMIRANI, I'M PRESIDENT OF BARONS MARKET.
I JUST WANT TO START OFF BY SAYING WE ARE SO EXCITED TO BE OPENING IN CARLSBAD VILLAGE.
JUST A LITTLE BIT ABOUT BARONS MARKET AND WHAT MAKES US UNIQUE.
WE'RE A FAMILY OWNED AND FAMILY OPERATED GROCERY STORE AND AN INDEPENDENT RETAILER IN SEA OF SPROUTS, WHOLE FOODS, TRADER JOE'S, AMAZON, TARGET, YOU NAME IT.
FOR US, WE ARE VERY DIFFERENT THAN A TYPICAL GROCERY STORE THAN YOUR TYPICAL VANS,
[02:05:04]
AND JUST WANT TO GIVE YOU A LITTLE BACKGROUND ON WHO WE ARE.WE DON'T DO SALES, WE DON'T HAVE GIMMICKS, WE DON'T HAVE CLUB CARDS.
IT'S VERY IMPORTANT TO US TO BE VERY FAIR TO THE CUSTOMER AND TO THE COMMUNITIES THAT WE'RE IN.
TYPICAL GROCERY STORES HAVE ABOUT 60,000 PRODUCTS.
WE CHOOSE THOSE 9,000 PRODUCTS EVERY WEDNESDAY AT OUR FOOD PANEL MEETING.
THIS IS WHERE WE'VE COME FROM.
WE TASTE ANYWHERE FROM 80-120 DIFFERENT PRODUCTS EVERY WEEK.
CHOOSE ABOUT 5-10 AND DISCONTINUE OTHERS SO THAT WE CAN KEEP OUR SELECTION LOW.
WHY DO WE DO THAT? WE ARE THE AGENT FOR THE CUSTOMER.
WE ARE ALL ABOUT THE CUSTOMER EXPERIENCE.
THAT'S WHAT DIFFERENTIATES US FROM THE BIG GUYS.
WE WANT TO MAKE GROCERY SHOPPING, FUN AGAIN, INTERESTING AGAIN, AND DELICIOUS.
I'M GOING TO SHOW ALSO A COUPLE OF SLIDES OF SOME RENDERINGS OF WHAT THIS STORE WILL LOOK LIKE, JUST SO THAT YOU CAN GET AS EXCITED AS WE ARE.
THIS IS THE ENTRANCE OF THE STORE WITH OUR PLANTS.
THIS IS OUR PRODUCE SECTION, WHICH IS GOING TO BE AMAZING.
THIS IS THE CASH WRAP, THE REGISTER AREA.
WE HAVE A DESIGNER FROM MICHIGAN WHO'S DESIGNED ALL OF OUR STORES, AND SHE DOES A WONDERFUL JOB.
WE'RE VERY PROUD OF THIS DESIGN.
I KNOW IT'S DINNERTIME, SO IT'S PROBABLY NOT FAIR TO BE SHOWING YOU THESE NEXT SLIDES.
BUT THIS IS OUR FAMOUS SALAD BAR.
AGAIN, EVERYTHING THAT WE DO IS ABOUT THE CUSTOMER EXPERIENCE AND THAT 10 MINUTE SHOPPING EXPERIENCE.
MOST OF OUR CUSTOMERS SHOP BETWEEN 3 AND 5 TIMES A WEEK.
SOME CUSTOMERS SHOP THREE TIMES A DAY FOR ALL OF THEIR MEALS.
VISITING OUR SALAD BAR, VISITING OUR OLIVE BAR, AND ANTIPASTO BAR, AND THEN FINALLY, OUR SOUP BAR.
YOU CAN IMAGINE HOW BUSY THAT WAS YESTERDAY WITH ALL THE RAIN.
WHAT MAKES THIS SITE SO UNIQUE? WE DO A TON OF RESEARCH ON THE LOCATIONS THAT WE'RE IN? WE LOOK FOR TIGHT KNIT COMMUNITIES.
CARLSBAD VILLAGE IS DEFINITELY THAT.
IT'S SO WALKABLE. PEOPLE ARE ON BIKES.
IT JUST SEEMS LIKE JUST A GREAT COMMUNITY TO BE IN.
THIS SITE TOOK 12 YEARS TO NEGOTIATE. TWELVE YEARS.
THAT IS UNLIKE ANY OTHER SITE.
WE PROJECTED THAT THIS WOULD COST US $3 MILLION.
WE ARE NOW PROJECTING $6 MILLION, AN INVESTMENT INTO BUILDING THIS SITE.
ALMOST EVERY SINGLE PROBLEM THAT COULD ARISE HAS ARISEN, SO THAT'S BEEN VERY TOUGH.
WE THINK THAT IT WILL SUCCEED.
BUT PART OF THAT IS THE VISIBILITY AND THAT'S WHY WE'RE ASKING FOR THESE DIFFERENT SIGNS.
I'VE NEVER HAD TO DO THIS BEFORE, SO PLEASE BEAR WITH ME.
HAVING THE VISIBILITY, ESPECIALLY SETBACK FROM GRAND AVENUE IS JUST VERY HELPFUL FOR US.
OUT OF SIGHT, OUT OF MIND, WE WANT CUSTOMERS FROM CARLSBAD VILLAGE AND THE CITY OF CARLSBAD TO COME AND FIND US AND THIS IS WHY WE'RE ASKING FOR THIS SIGNAGE.
I JUST WANT TO TOUCH ANOTHER POINT.
WE CLOSE OUR STORES AT 9:00 P.M.
IF THIS IS APPROVED, WE WOULD LIKE THE ILLUMINATED SIGN UP UNTIL 10:00 P.M.
THAT IS BECAUSE WE HAVE EMPLOYEES STILL ON THE PROPERTY DOING THE CLOSING PROCEDURE.
BUT EVERY NIGHT THERE ARE CUSTOMERS STILL IN THE STORE BEYOND 9:00 P.M. AT 9:00 P.M, WE DO OUR ANNOUNCEMENT, THE STORE IS CLOSING, PLEASE MAKE YOUR WAY TO THE REGISTERS.
WE DO HAVE CUSTOMERS IN THE STORE.
WE ALSO HAVE A CUSTOMER KNOCKING ON THE WINDOW SAYING, I JUST NEED A GALLON OF MILK.
CAN YOU PLEASE LET ME IN? WE ALWAYS DO THAT BETWEEN 9:00 AND 10:00.
IT REALLY IS JUST A SAFETY ISSUE BETWEEN 9:00 AND 10:00 FOR THE PEOPLE THAT ARE STILL ON THE PROPERTY.
WE'RE JUST, AGAIN, VERY EXCITED.
THIS STORE, LIKE MOST OF OUR OTHER STORES, BECOMES A COMMUNITY HUB.
THERE IS ANOTHER SLIDE EARLIER THAT SHOWS A PATIO.
THIS IS WHAT WE'RE ALL ABOUT, WE'RE INVESTING INTO THIS COMMUNITY, INVESTING INTO LOCAL ORGANIZATIONS AND REALLY MAKE IT A HUB FOR THE NEIGHBORHOODS THAT PEOPLE CAN COME HAVE DINNER IN THE PATIO, MEET THEIR CO WORKERS AFTER WORK, BRING THEIR FAMILIES.
THAT'S SOMETHING VERY IMPORTANT TO US.
>> THANK YOU VERY MUCH. COMMISSIONERS, QUESTIONS OF THE APPLICANT. COMMISSIONER LAFFERTY.
>> THANK YOU FOR YOUR PRESENTATION.
WHERE ARE YOUR CURRENT STORES IN SAN DIEGO?
>> IN SAN DIEGO, WE ARE IN ALPINE, NORTH PARK, RANCHO BERNARDO, POINT LOMA,
[02:10:01]
AND OTAY RANCH, WHICH WE OPENED IN 2020.>> PERFECT. YOU SAID THIS WAS THE FIRST TIME YOU HAD TO DO ANY SIGNAGE REQUESTS.
ARE ALL OF THESE IN URBAN NEIGHBORHOODS, OR ARE THEY CLOSE TO FREEWAYS?
I WOULD SAY THE CLOSEST THING, I SHOULD SAY THIS IN ALPINE WE DID HAVE TO GO IN FRONT OF A BOARD, BUT IT WAS NOT THIS IMPRESSIVE. IT WAS THREE PEOPLE.
[LAUGHTER] IN ALPINE THEY WANT THE PINE LOOK, SO THEY WANT THE FOREST LOOKS.
>> IT IS A BIG DEAL. OUR OTAY RANCH STORE IS PART OF A REGIONAL SHOPPING CENTER.
NORTH PARK IS IN AN URBAN AREA CLOSE TO A FREEWAY.
RANCHO BERNARDO IS CLOSE TO THE 15, BUT THEY'RE ALL VERY DIFFERENT.
>> VILLAGE AND BARRIO MASTER PLAN OBVIOUSLY WAS A VERY BIG COMMUNITY OUTREACH, SUPPORTED.
>> POLICY THAT WE HAVE ADOPTED HERE AND I THINK OUR STANDARDS, OBVIOUSLY, MOST OF THE SIGNS DO NOT COMPLY THAT ARE IN THE VILLAGE RIGHT NOW.
WE FEAR THAT THERE'S A PRECEDENT.
IF WE ALLOW ONE, OBVIOUSLY, WE'RE GOING TO CONTINUE TO HAVE TO ALLOW THINGS, WHICH OF PRECEDENT AND LAW IS ALWAYS A BIG CONCERN.
BUT I THINK THE CONCERN PERSONALLY OR THE THING THAT I'M MOST CONCERNED WITH IS THE MONUMENT SIGNS.
I THINK THAT THE OVERALL BUILDING FACADES, THE BUILDING FACADE SIGNS SEEM TO BE LOGICAL, ALTHOUGH I KNOW THERE'S RESIDENTS DIRECTLY ACROSS THE STREET.
IF YOU HAVE A 10:00 ENDING POINT, THAT THAT WOULD BE HELPFUL OR JUST A DIMMING POINT, SOMETHING WHERE YOU COULD TONE IT DOWN BECAUSE I KNOW THESE THINGS ARE NOT NEXT TO A FREEWAY.
LOT OF YOUR TRAFFIC IS GOING TO BE LOCAL RESIDENTS TRYING TO GET, LIKE YOU SAY, THE GROCERIES LATE AT NIGHT.
THE MONUMENT SIGNS ARE THE BIG CONCERN THAT I HAVE, AND IT'S THE HEIGHT OF THE MONUMENT SIGN.
IS THERE A WAY THAT WHY THE SIX FOOT SEVEN AS OPPOSED TO MAYBE FOUR FEET?
>> AT LEAST WHEN WE SAW THE EXISTING MONUMENT SIGNS, THEY'RE JUST WAY TOO SMALL.
ANY LEASE THAT WE NEGOTIATE MONUMENT SIGNS ARE SO IMPORTANT TO US BECAUSE WE WANT TO CAPTURE THE ATTENTION OF THE TRAFFIC.
PEOPLE IN THEIR CARS, THERE'S A LOT OF PEOPLE IN SOUTHERN CALIFORNIA STILL NEED TO DRIVE IN THEIR CARS.
WE NEED TO HAVE THAT CALL OUT TO SAY, HEY, WE'RE HERE.
AGAIN, THE VISIBILITY PART OF THIS EVEN IN THE MONUMENT SIGNS IS VERY IMPORTANT TO US.
>> ARE YOU PART OF THE APPLICANT?
>> JOSHI RONI. I'M THE FOUNDER OF THE COMPANY.
>> JUST WANT TO ADD THIS. IT'S OUR UNDERSTANDING THAT MONUMENT SIGN IS ALLOWED SIX FOOT.
I'LL BE ADDED TO 7 ", AND THE SEVEN INCH IS ONLY AT THE BOTTOM.
THE SIGN ITSELF IS ALLOWED SIX FEET, SO WE DIDN'T REALLY ASK FOR THE VARIANCE ONLY 7 ", WHICH IS THE BOTTOM OF THE SIGN.
>> I'M SORRY. I THAT IS THAT PART OF THE VILLAGE BARON MASTER PLAN? IS SIX FEET FOR MONUMENT SIGNS?
>> SIX FEET IS THE HEIGHT LIMIT IN THE VILLAGE BARON MASTER PLAN.
>> I GUESS I'M MAINLY CONCERNED ABOUT THE HEIGHT AND GOING BEYOND THE HEIGHT OF THE MONUMENT SIGNS? YOU'RE DOUBLING THE MONUMENT SIGNS, CORRECT?
>> I BELIEVE SO. THEY'RE VERY SMALL.
>> I KNOW THE SYSTEM WANT THAT HEIGHT.
YOU KNOW AND WE WALK BY IT ALL THE TIME AND THAT ISN'T THE CONCERN.
THE CONCERN IS THAT WE GO UP, WE HAVE TO LET EVERYBODY GO UP.
IF WE STICK WITH THE SIX FEET, CAN WE STICK WITH THE SIX FEET, I GUESS IS THE QUESTION? IS THAT SOMETHING YOU COULD AGREE TO?
>> WE DID WANT IT LARGER THAN SIX FEET, AND SO WE CAME DOWN AND GOT THE VARIANCE FOR SIX FOOT SEVEN, AGAIN, THE TRAFFIC COMING BY, IT'S VERY IMPORTANT FOR US TO GET THEIR ATTENTION.
>> THERE'S ALWAYS GOING TO BE TRAFFIC THERE, AND THEY'RE GOING TO BE SLOWING BECAUSE IF THE POST OFFICE STAYS THERE,
[02:15:02]
YOU WILL ALWAYS HAVE A CONSTANT MARKING.I DON'T SEE THE TRAFFIC LIKE I SAY, WE'RE NOT A FREEWAY.
WE'RE NOT A 40, EVERYTHING IS 25, MAYBE 30 IN THE VILLAGE.
THE FACT THAT HAVING THIS ENORMOUS SIGN, FOR A NEIGHBORHOOD THAT BASICALLY STAYS AROUND 30 MILES AN HOUR AT THE MOST IS IT SEEMS HEAVY, AND I THINK THAT ALSO WE ALSO HAVE A CONCERN WITH OUR HOMELESS POPULATION.
WE HAVE PEOPLE THAT FIND SHELTERS IN VARIOUS LOCATIONS AND THAT'S A CONCERN.
I DON'T WANT TO EXACERBATE THAT CONCERN WHEN THERE'S A STANDARD THAT'S ALREADY REQUESTING THE SIX FEET, SO THAT WOULD BE THE CONCESSION I WOULD LIKE TO REQUEST.
I APPRECIATE THE CONCERN, BUT WE'RE NOT AT A FREE WAY STOP, SO YOU'RE NOT GOING TO GET THAT TRAFFIC.
THAT'S THE CONCERN THAT I HAVE IS, HOPEFULLY WILL MAKE IT SAFE FOR ALL THE NEIGHBORHOOD.
I AGREE THAT THE LITTLE SIGNS ARE TINY.
I DON'T SEE THIS BEING A BIG CONCERN, BUT GOING OVER THE STANDARD IS A CONCERN. THANKS.
>> FOR THE COMMISSIONERS QUESTIONS OF APPLICANT COMMISSIONER FOSTER.
>> HI, I JUST HAVE ONE QUESTION.
FIRST OFF, I WISH YOU NOTHING BUT SUCCESS.
BRINGING A GROCER INTO ENGLISH IS AWESOME.
IT'S OBVIOUSLY GOING TO BE NEEDED HERE PRETTY SOON.
SO APPRECIATE YOU GUYS WANTING TO CONDUCT BUSINESS IN CARLS VILLAGE. I THINK IT'S GREAT.
I JUST HAD A QUESTION ABOUT THE COMPOSITE OF THAT SIGN.
IS THAT A METAL LIKE THROUGH IN THE IMAGE, IT APPEARS TO BE A C THROUGH METAL BAR?
>> AS A WAY TO RESPOND TO ANY CONCERNS OF VISIBILITY OR HIDING BEHIND SIGNAGE, ONE WOULD BE ABLE TO ACTUALLY SEE THROUGH THOSE.
THERE'S GOING TO BE SUNLIGHT GOING THROUGH, YOU'RE GOING TO BE ABLE TO SEE A CIVOETTE BEHIND THAT, IS THAT CORRECT?
>> HI. THANKS FOR YOUR PRESENTATION. IT WAS WONDERFUL.
TWO QUICK QUESTIONS, SO DID YOU CHAT WITH ANY OTHER TENANTS OR VENDORS ABOUT THE DESIGN, OR THEY FOR IT BECAUSE IT'LL GIVE THEM MORE VISIBILITY AS WELL.
>> WE SPOKE WITH THE LANDLORD, AND WE'RE PAYING FOR THIS AND WE'LL BE BASICALLY WHEN WE'RE READY TO DESIGN THE SIGN, AND SO THE TENANTS ARE AWARE OF THIS.
WE'RE READY TO DESIGN THE SIGN.
WE'LL GET THEIR LOGOS TO PUT ON THIS.
>> I HAVE TO INTRODUCE MY SELF AGAIN.
>> PLEASE INTRODUCE YOUR NAME AGAIN.
>> THE TENANT SIGN THAT YOU SEE, THESE ARE EXACTLY THE SIZE OF THE EXISTING RIGHT NOW, AND BY OUR LEASE, WE HAD TO PROVIDE THAT AND WE'RE PAYING FOR THE WHOLE THING.
AGAIN, WE START WITH A SIX FOOT, WE HIRE THE BEST DESIGNERS TO COME UP WITH THIS.
WHEN THEY DESIGN THIS, BELIEVE ME, THEY WORK WITH EVERY INCH OF THAT.
IF YOU NOTICE FROM SIX FOOT, YOU'RE ONLY GOING TO SIX FOOT 7 ", AND THAT SEVEN INCH IS JUST BASICALLY THE STONE AT THE BOTTOM.
THE SIGN ITSELF ACTUALLY IS ONLY SIX FOOT.
IF YOU JUST COME OUT AND WE'VE DONE ENOUGH OF THIS, TAKE ONLY 2 " FROM THE TOP OF THE BARONS OR THE BOTTOM OF THE BARONS, IS NOT GOING TO LOOK.
WAIT UNTIL YOU COME TO OUR STORES.
WHEN DESIGNERS THAT THEY DESIGN THIS AND WE HAVE A STAFF OF EIGHT PEOPLE SITTING GOING DOWN HERE, WE RESPECT WHAT THEY PUT TOGETHER.
IT'S BY OUR TENANT, EVERY ONE OF THOSE BY OUR LEASE, WE HAVE TO PROVIDE THOSE, AND WE CANNOT ADJUST THAT.
I'M CONCERNED I UNDERSTAND SEVENS IN MUCH.
I'M AID THEY HAVE TO FOOL AROUND WITH THE SPACING WITH.
BUT AS YOU SAID, THERE ARE THOSE SIGNS WITH THE METAL AND IT'S A WHOLE TRUE, SO YOU CAN SEE RIGHT THROUGH THOSE SIGNS.
>> COMMISSIONER FITZGERALD, SECOND QUESTION.
>> I JUST LAST QUESTION. DID YOU CONTEMPLATE ANY DESIGNS WHERE YOU DIDN'T HAVE TO CHOP DOWN THE TREES OR REMOVE THE TREES, ANYTHING JUST TO BRING IT IN A LITTLE BIT AND NOT HAVE TO REMOVE THOSE ASSETS TO THE SITE?
WE'RE REPLANTING THE TREE THAT WE'RE REMOVING HERE FOR THIS SIGN. IT'S TOUGH.
WHILE I LOVE TREES, THIS IS DEFINITELY MORE TREES THAN WE TYPICALLY WANT IN OUR PARKING LOTS BECAUSE OF THE VISIBILITY.
AGAIN, THERE IS A LOT, SO WE WILL BE REPLANTING THAT TREE.
>> THANK YOU. I WILL NOW OPEN PUBLIC TESTIMONY.
MEENES CLERK, DO WE HAVE ANY REQUESTS?
>> THANK YOU. I WILL NOW CLOSE PUBLIC TESTIMONY.
YOU HAVE THE COMMISSIONERS HAVE ANY FURTHER QUESTIONS OF STAFF? COMMISSIONER LAFFERTY.
[02:20:02]
>> BECAUSE I WASN'T ABLE TO SEE THE YOU SAID THERE WERE COMMENTS FROM THE PUBLIC.
COULD YOU TELL ME WHAT THOSE COMMENTS FOR PUBLIC WERE?
>> YES. THERE WAS ONE COMMENT THAT CAME IN IN THE COMMENT BATCH.
I BELIEVE IT WAS REGARDING SPECIFICALLY THE ILLUMINATION AND AND OPPOSITION TO THE ILLUMINATION.
I I DON'T BELIEVE AND MAYBE PLANER OF ENSUE IN CORRECT IF THEY WERE SPEAKING SPECIFICALLY ABOUT THE HOURS OR JUST IN GENERAL.
>> THE COMMENT BASICALLY ADDRESSED THAT THEY REQUESTED THEY DIDN'T MENTION THE ILLUMINATION.
THEY REQUESTED THAT THE SIGNS SHOULD BE HELD TO THE STANDARD THAT WAS STANDARDS THAT WERE APPROVED IN THE VILLAGE AND BARRIO MASTER PLAN.
>> I WAS AFRAID OF THAT. YES. THAT'S WHAT I READ TOO.
I DO HAVE ONE QUICK QUESTION TO STAFF FOR A QUICK.
I WAS GLANCING THROUGH REAL QUICK.
WAS THERE A SPECIFIC TIME THAT THE ILLUMINATION WAS TO BE TURNED OFF?
>> THE ILLUMINATIONS CONDITION TO BE TURNED OFF AT THE CLOSE OF BUSINESS.
THE APPLICANT IS REQUESTING THAT THEY ARE AT ABLE TO STAY OPEN TILL AN HOUR PAST THE CLOSE OF BUSINESS AS THEY'RE STILL SERVING CUSTOMERS, CUSTOMERS ARE STILL IN THEIR SHOPPING, AND THEY HELP THE OCCASIONAL CUSTOMER OR LET THE OCCASIONAL CUSTOMER IN AFTER HOURS.
>> COMMISSIONERS. DISCUSSION. COMMISSIONER BURROWS.
>> AS MR. LARDY MENTIONED, RE BALANCING VITAL INTERESTS AND USES, AND THIS GROCER FITS A CLEAR NEED IN THE VILLAGE, ESPECIALLY WITH THE POTENTIAL LOSS OF SMART AND FINAL AND NOT TO REOPEN THAT ENTIRE DISCUSSION, BUT THE LOSS OF SMART AND FINAL WAS A VERY BIG ISSUE FOR MANY RESIDENTS, ESPECIALLY IN THE VILLAGE.
THIS WOULD FILL A VITAL NECESSITY IN THE DOWNTOWN AREA.
I THINK THE SAFETY CONCERN GIVEN THE TIME OF CLOSING AT NIGHTTIME, IS A VALID CONCERN AND I SUPPORT THIS PROJECT.
>> THANK YOU FOR YOUR PRESENTATION.
I THINK YOU ADDED WHAT SOMETIMES YOU READ ON PAPER MIGHT NOT TRANSLATE TO REAL LIFE, SO I REALLY APPRECIATE THE CONTEXT PROVIDED.
I ALSO AM IN SUPPORT OF THIS PROJECT REALLY FOR THE FACT BEING THAT YOU ARE PROVIDING THAT ANCHOR INSTITUTION IN THE VILLAGE THAT FOLKS HAVE TIME AND TIME AGAIN ASKED FOR.
I WOULD JUST ASK AND I KNOW THIS NOT NECESSARILY ABOUT SIGNAGE, BUT THAT YOU CONTINUE TO ENGAGE THE TENANTS THAT ARE THERE, THE LOCAL COMMUNITY.
THAT WE DO HAVE A FARMERS MARKET, WHICH I WOULD HATE TO IMPACT VENDORS THERE, BUT IT SEEMS LIKE YOU ARE ALSO DEDICATED TO CHOOSING.
WOULD BE HAPPY TO SEE MORE ECONOMIC DEVELOPMENT HERE.
>> I'M VERY CONCERNED THIS IS SETTING A POOR PRECEDENT FOR FUTURE DEVELOPMENT AND USING OUR STANDARDS AND COMPLYING WITH THEM THROUGH THE VILLAGE BARRIO PLAN.
I DON'T THINK 7 " IS GOING TO HELP THIS SIGN AT ALL.
I THINK IT'S I DON'T SEE THE DEVELOPER REQUESTING OR ALLOWING ANY CONCESSION FOR THIS STANDARD MODIFICATION.
THEY OBVIOUSLY SET THEIR MIND TO THIS, SO I AM NOT SURE I CAN SUPPORT THIS PROJECT. THANK YOU.
>> THANK YOU. I VERY MUCH ENJOY IT, AND I APPRECIATE THE APPLICANTS PRESENTATIONS, SO I'VE WORKED IN THE AREA OF COMMERCIAL REAL ESTATE, NOT RETAIL, BUT INDUSTRIAL.
AND I THINK WHEN AN APPLICANT WHO HAS OPERATED SUCCESSFULLY MANY OTHER LOCATIONS, WHEN THEY ASK FOR SOMETHING, IT'S BECAUSE THEY NEED IT.
I THINK THERE'S SUCCESS AND UNDERSTANDING WHAT THEY'RE DOING, AND ALSO TO WALKING THE SITE.
I DON'T SEE AN ISSUE AT ALL WITH THOSE MONUMENT SIGNS AT ALL.
AGAIN, I WOULD DEFER TO STAFF AND ALSO TO THE APPLICANTS EXPERIENCE IN KNOWING WHAT THEY NEED TO BE SUCCESSFUL, SO I STRONGLY SUPPORT THE PROJECT.
>> I HAVE A QUESTION FOR STAFF AND THIS IS JUST FOR MY OWN KNOWLEDGE FOR PROCESS, GIVEN THAT WE'RE GIVEN SO MANY HOUSING PROJECTS, BUT THIS IS THE FIRST TIME WE'VE EVER HAD A SIGNAGE SUBJECTIVE DECISION MAKING PROJECT REALLY SINCE I'VE BEEN ON THE PANEL, THE COMMISSION.
MY QUESTION IS, SO WE DO HAVE THESE STANDARDS THAT COMMISSIONER LAFFERTY WAS TALKING ABOUT, AND AN APPLICANT PRESENTS A PROJECT THAT'S COMPLETELY OUTSIDE THE STANDARDS, AND THE CITY STAFF REVIEWS THAT PROJECT
[02:25:02]
AND APPROVES THAT PROJECT TO PRESENT TO PLANNING COMMISSION.THAT PUZZLES ME A LITTLE BIT OF WHAT'S THE POINT OF HAVING STANDARDS? IF I GO CREATE A BUSINESS TOMORROW AND I SAY, HEY, I WANT THIS BIG SIGN, AND THEN I PRESENT TO THE CITY STAFF AND CCS SAYS, IT DOESN'T COMPLY WITH EVERYTHING, BUT SURE LET'S GO AHEAD AND PUT IN FRONT OF THE PLAN AND SEE WHAT THEY SAY.
THAT CONFUSES ME A LITTLE BIT, AND SO I'M ASKING FOR CLARIFICATION.
LOOK, I'M POLISH A GROCER IN THE VILLAGE.
I'M ALL FOR REALLY THE PROJECT LIKE ITSELF, BUT THAT PART CONFUSES ME WHERE IF YOU CAN PROVIDE SOME CLARITY THERE.
>> COMMISSIONER, EXCUSE MR. LARDY.
>> THANK YOU FOR A QUESTION, AND IT IS AN EXCELLENT QUESTION.
WE DID, I SAY, THINK LONG AND HARD ABOUT WHAT THE APPROPRIATE PROCESS FOR THIS WOULD BE.
WE LOOKED AT WHETHER THERE WOULD BE A VARIANCE.
THE CITY PLANNER HAS AUTHORITY TO APPROVE A VARIANCE OF A 10% INCREASE IN ASSIGN, AND IT BECAME CLEAR THAT THAT WAS NOT WHAT WOULD MEET THE APPLICANT'S REQUESTED NEEDS.
WE ALSO LOOKED AT JUST THE OVERALL VARIANCES AND YOU HAVE TO FIND SPECIFIC HARDSHIP FINDINGS TO MAKE A PROPERTY UNIQUE.
WE DIDN'T THINK THAT IT COULD MAKE THE VARIANCE FINDINGS SPECIFICALLY UNIQUE TO THE PROJECT ITSELF.
BUT THE VILLAGE BARON MASTER PLAN DOES HAVE SPECIFIC POLICIES THAT CALL OUT ENCOURAGING VIAL USES SUCH AS A GROCERY STORE.
I THINK BECAUSE IT IS A GROCERY STORE, BECAUSE WE ARE RECOGNIZING THAT THE GROCERY MARKET HAS CHANGED SIGNIFICANTLY SINCE THE VILLAGE BARONS MASTER PLAN WAS APPROVED, THAT WE THOUGHT IT WAS WORTH PURSUING, LOOKING AT AND ULTIMATELY RECOMMENDING APPROVAL TO THE DECISION MAKERS WITH A CAVEAT THAT THEY HAVE AUTHORITY TO NOT RECOMMEND.
THE STANDARDS MODIFICATION SECTION IS ALSO UNIQUE BECAUSE IT SAYS ANYTHING THAT IS SUBJECT TO THE AUTHORITY OR ANYTHING THE DECISION MAKER DEEMS IS A UNIQUE SITUATION.
IN THIS CASE, THE CITY COUNCIL HAS MADE IT CLEAR THAT THEY WOULD LIKE TO BE THE DECISION MAKER ON ALL PROJECTS WITHIN THE VILLAGE BARON MASTER PLAN, AND HOW CAN WE TAKE IT TO THE CITY COUNCIL WITHOUT FACILITATING IT THROUGH THE PROCESS? I THINK THAT ALL WEIGHED INTO WHY WE HAVE THIS UNIQUE SITUATION WHERE WE'RE PROPOSING SOMETHING AND RECOMMENDING APPROVAL OF SOMETHING THAT DOES DEPART FROM THE STANDARDS.
BECAUSE IT'S A GROCERY STORE, AND WE'RE HAVING CHALLENGES FINDING GROCERY STORES GOING INTO OTHER SITES WITHIN THE CITY THAT ARE MORE OF A CONVENTIONAL PAD.
WE THINK THERE IS THE POSSIBILITY THAT THIS IS SUCH A UNIQUE SITUATION THAT IT'S NOT NECESSARILY PRESIDENT SETTING.
I ALSO THINK THAT WHEN THE WALL SIGNS WERE PUT UP, IT WAS INTERESTING THAT YES, THEY ARE LARGER, BUT A LOT OF THAT IS A LOGO, AND PART OF IT IS AT WHAT POINT IS A LOGO REALLY AN ARCHITECTURAL FEATURE ON IT THAT BLENDS A LARGER FACADE CHANGE.
AGAIN, I THINK ALL OF THAT WENT INTO OUR INTENT TO HELP FACILITATE THIS CONVERSATION AND ULTIMATELY A DECISION BY THE DECISION MAKERS.
I HOPE THAT ANSWERED YOUR QUESTION.
>> I DID. I THINK I THINK MAYBE I MISSED IT IN THE PRESENTATION, BUT I THINK IF THE PRESENTATION WOULD HAVE LED WITH SOMETHING LIKE THAT ALTHOUGH IT'S MAYBE I MISSED IT COMPLETELY, BUT I APPRECIATE THAT RESPONSE. THAT'S GOOD.
>> EXCELLENT CLEAR CLARIFICATION. COMMISSIONER HUBINGER.
>> I SPENT 34 YEARS IN A GROCERY BUSINESS, AND YOU GUYS ARE QUALITY RETAILERS.
I DON'T THINK I DON'T THINK SOMETIMES WE REALIZE HOW BIG A DEAL THIS IS FOR THE CITY OF CARLSBAD.
WITHOUT IT, THE CITY IS WITHOUT AN APPENDAGE, A BODY WITHOUT AN APPENDAGE.
>> THE MODIFICATIONS YOU'RE ASKING FOR ARE MINOR IN MY MIND.
PLUS, YOU'RE COMPLYING WITH MOST OF THE REQUIREMENTS, THAT ONE CHART WE HAD ALL BUT TWO.
I'D ROLL OUT THE RED CARPET FOR YOU ALL.
I TOTALLY SUPPORT THE PROJECT, AND I THINK IT'S FANTASTIC FOR THE CITY OF CARLSBAD.
>> JUST CLARIFICATION REAL QUICK.
WITH THE ILLUMINATION OF THE SIGN AS TO CLOSE OF BUSINESS, SO THE CLOSE OF BUSINESS IS 9:00, IS THAT CORRECT, MR. PENZLA?
>> EXCUSE ME, THAT'S NOT THE CASE.
THAT'S NOT CLOSED BUSINESS BECAUSE IF THERE'S CUSTOMERS IN STORE, IT'S OPEN FOR BUSINESS.
THE BUSINESS HOURS IS GOING TO BE 9:00, BUT TECHNICALLY THEY'RE CLOSED, BUT THERE'S STILL GOING TO BE PEOPLE IN THERE, SHOPPING,
[02:30:02]
AND AS I MENTIONED, THEY'RE STILL GOING TO ALLOW THE ADDITIONAL PERSON TO COME IN IF THEY'RE KNOCKING ON THE WINDOW AND JUST NEED ONE OR TWO THINGS.>> IF I MAY, I THINK WHAT WE WOULD RECOMMEND IS IF THAT WAS THE PURVIEW OF THE COMMISSION, JUST TO HELP US MAKE THAT CONDITION CLEAR, WHICH CONDITION NUMBER 13 DOES READ THE CLOSE OF BUSINESS, IT COULD EITHER READ ONE HOUR AFTER THE CLOSE OF BUSINESS OR IT COULD HAVE A SPECIFIC TIME WRITTEN INTO THAT AT THE 10:00 P.M.
>> I THINK WE'RE PROBABLY BETTER TO ADD THE ONE HOUR AFTER CLOSE OF BUSINESS OR CLOSE OF BUSINESS THAN A SPECIFIC TIME BECAUSE THAT COULD CHANGE DEPENDING UPON THE YEAR.
>> THAT IS CORRECT. THERE'S NO SPECIFIC RESTRICTION IN THE VILLAGE OF MARA MASTER PLAN ON THE HOURS OF OPERATION.
>> OKAY. I ALSO SUPPORT THE PROJECT.
I THINK IT'S MEETING THE REQUIREMENTS.
AGAIN, I WAS CONCERNED INITIALLY IN REGARD TO THE VILLAGE OF BARRIO MASTER PLAN AND HOW IT'S WRITTEN AND HOW IT DEALS WITH THESE ISSUES.
BUT I THINK MR. LARDI WAS QUITE CLEAR IN REGARD TO THAT WAS 2020 2019, AND THINGS HAVE CHANGED SINCE THEN.
AND OF COURSE, AGAIN, AS COMMISSIONER BURROWS MADE A COMMENT IN REGARD TO SMART AND FINAL CLOSING THIS BRINGS BACK, AND I KNOW THAT WAS A LOT OF THE CONCERNS THAT I'VE HEARD AND MANY IN THE CITY REGARDING WHAT ARE WE GOING TO DO WITH NOT HAVING A GROCERY STORE? I THINK BYRON'S PROVIDES THAT NOW.
YES, I WAS CONCERNED AS WELL IN REGARD TO A NUMBER OF THESE ISSUES, BUT IT DOES MEET THE NEED, AND I THINK MR. LARDI, WAS QUITE CLEAR AS TO HOW HE REFERRED TO THAT.
AGAIN, MAYBE THE COMMISSION MIGHT WANT TO CLARIFY WHAT CLOSE OF BUSINESS IS IN YOUR MOTION, AND THEN THAT WOULD BE THE ONLY CONCERN I WOULD HAVE. FURTHER DISCUSSION.
>> EXCUSE ME. I JUST WANT TO CLARIFY A THING.
>> IF THE CHAIR WOULD LIKE TO ASK FROM THE APPLICANT AGAIN, WE NEED TO ASK TO GO UP TO THE CODIO.
>> [INAUDIBLE] IF YOU'VE BEEN IN A GROCERY BUSINESS, YOU PROBABLY CAN EXPLAIN THIS [NOISE] WE ARE DIFFERENT FROM ALL THE OTHER GROCERIES.
YOU ARE COMING TO THE NEIGHBORHOOD.
WHEN YOU SAY CLOSE OF THE BUSINESS, THE CLOSE OF BUSINESS UNDER THE ATTORNEY IS ACTUALLY 10:00.
DURING THAT ONE HOUR, OUR EMPLOYEES TRY TO CLEAN UP THE PLACE.
FIRST OF ALL, WE HAVE CUSTOMERS IN THE STORES.
WE DON'T RUSH THEM OUT OF THE DOOR, THESE ARE OUR NEIGHBORHOOD, THEY ARE OUR NEIGHBORS.
TEN MINUTES, 15 MINUTES, 20 MINUTES BEFORE THEY GO OUT.
WHILE, MEANWHILE, SOMEBODY KNOCKS ON THE DOOR, "CAN I GET MILK? CAN I GET THE MILK?" "COME ON IN." THIS IS HOW WE TAKE CARE OF OUR NEIGHBORHOOD.
IF YOU'RE TALKING ABOUT LOCKING THE DOOR IS 9:00, BUT 9-10, 910, 915, NINE HALF AN HOUR, IF THE CUSTOMERS KNOCK THE DOOR, THIS IS ONE THING YOU DO TO TAKE CARE OF THE CUSTOMERS.
TEN O CLOCK, SHARP, WE CLOSE IT.
AT THAT TIME ALL THE STAFF, THEY LEAVE AND HEAD ON HOME.
CLOSE UP THE BUSINESS TO US, MY DEFINITION IS 10:00.
>> BY THE WAY, LET ME JUST SAY SOMETHING.
IT DOESN'T HAVE TO DO WITH THIS. WE LOVE THIS CITY.
ANY OF OUR STORES, I ASKED YOU TO GO OUT OF OUR STORES, WE LOVE WHAT WE DO, WE LOVE FOOD. LOOK AT ME.
[LAUGHTER] BUT WE LOVE THE PEOPLE.
OUR CUSTOMER, OUR EMPLOYEES, OUR ATTORNEY, OUR BANK.
IF YOU GO TO OUR STORES, AND PLEASE, TRY NOT TO GET ANY OF THE STORES THAT YOU GO.
YOU WALK IN A STORE, THERE'S A SIXTH SENSE, SENSE OF BELONGING, SENSE OF CARE, SENSE OF RECOGNITION.
ONE MORE COMMENT, THIS CITY, AS TOUGH AS YOU GUYS ARE, YOUR STAFF ARE AWESOME.
SOMEBODY SENT AN EMAIL OR CALL THEM.
WE GET A CALL NEXT DAY OR 24 HOURS.
REALLY, AS TOUGH AS YOU GUYS ARE, YOU GOT TO GET A HELL OF A STAFF RUNNING THE CITY. THANK YOU.
>> THANK YOU FOR YOUR COMMENTS, TRULY APPRECIATE.
>> QUESTION FOR THE CITY ATTORNEY.
AS CONDITION 13 IS WORDED, ILLUMINATED SIGNS SHOULD BE TURNED OFF NIGHTLY WITH THE CLOSE OF BUSINESS.
[02:35:02]
WITH THAT TERM CLOSE OF BUSINESS, WOULD THAT FIT WHAT WAS JUST DESCRIBED? THEY LOCKED THE DOORS AT NINE, BUT THEY REALLY TURN IT OFF AT TEN.IN OTHER WORDS, DO WE NEED TO MODIFY CONDITION 13 OR CAN WE JUST LEAVE IT AS IS, UNDERSTANDING THE SIGN IS GOING TO TURN OFF AT 10:00 P.M. WHEN EVERYONE EXITS THE BUILDING?
>> FOR CONDITION 13, IF IT'S THE COMMISSION'S RECOMMENDATION, IF YOU WANT A STATIC TIME, THEN IT WOULD BE PREFERABLE THAT IT WOULD BE A STATED TIME SUCH AS 10:00 P.M.
I BELIEVE, AS IT WAS MENTIONED, THAT THERE'S NOTHING THAT CONTROLS THE HOURS OF OPERATION.
HOWEVER, IF THE RECOMMENDATION IS TO ALLOW THE ILLUMINATED SIGNS TO STAY ON AS LONG AS THEY ARE OPEN FOR BUSINESS, THEN IT'S UP TO WHOEVER'S MAKING THE MOTION OF WHETHER OR NOT THEY WOULD WANT TO MODIFY CONDITION 13 TO REFLECT AS LONG AS THEY'RE OPEN FOR BUSINESS, AS THAT MAY CHANGE FROM YEAR TO YEAR.
>> I FEEL LIKE I'M COMFORTABLE LEAVING 13 AS IS.
I THINK WE UNDERSTAND WHAT THAT MEANS.
>> ALL RIGHT. ANY FURTHER DISCUSSION AMONGST OUR STAFF?
>> I HAVE A MOTION IN REGARD TO THIS PROJECT, EXCUSE ME, THIS ITEM. COMMISSIONER BURROWS.
>> MOTION TO APPROVE PROJECT AS RECOMMENDED BY STAFF.
>> MOTION BY COMMISSIONER BURROWS SECONDED.
>> I JUST WANTED TO ASK A QUESTION, BUT NO, GO AHEAD.
>> WE'VE GOT A MOTION. MOTION ON THE FLOOR.
>> COMMISSIONER HBENER SECONDS.
THANK YOU VERY MUCH FOR COMING THIS EVENING.
WE'RE EXCITED ABOUT HAVING YOU COME TO TOWN.
>> THANK YOU SO MUCH EVERYBODY. THANK YOU.
>> MR. LARDI IS CONCERNED ABOUT YOU GUYS, WONDERING, SHOULD WE TAKE A BREAK FOR A COUPLE OF MINUTES OR ARE WE READY TO GO ON WITH TWO MORE ITEMS.
>> WE WILL TAKE A TWO MINUTE BREAK.
>> BACK IN SESSION. ALL RIGHT,
[3. LAGUNA VIDA - PUD 2024-0005/CDP 2024-0024/MS 2024-0005 (DEV 2024-0025) ]
WE'LL NOW OPEN PUBLIC HEARING, COMMISSIONERS.>> WE'LL NOW OPEN PUBLIC HEARING ON AGENDA ITEM NUMBER 3.
FIRST, EX-PARTE CONVERSATIONS, COMMISSIONER FITZGERALD.
>> I'M FAMILIAR WITH THE SITE.
>> I VISITED THE SITE AND WALKED ON THE SITE. DROVE THE SITE.
>> I ALSO DROVE BY THE SITE AS WELL.
>> MR. LARDI, WOULD YOU PLEASE INTRODUCE ITEM NUMBER 3?
>> SURE. GIVING OUR PRESENTATION TO SENIOR PLANNER VALENZUELA.
WE HAVE A LOT OF ITEMS THIS EVENING WITH YOU. IT'S INCREDIBLE.
>> GOOD EVENING COMMISSIONER. ITEM 3 ON THE AGENDA TONIGHT IS LAGUNA VIDA, A REQUEST FOR A PLAN DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT, AND TENTATIVE PARCEL MAP FOR A FOUR UNIT CONDOMINIUM DEVELOPMENT.
THE PROJECT IS LOCATED ON A 0.3 ACRE LOT AT 2618 JEFFERSON STREET IN THE MULTIPLE FAMILY ZONE AND THE MELLO II SEGMENT OF THE COASTAL ZONE.
THE SITE CONTAINS AN EXISTING SINGLE FAMILY RESIDENCE, DETACHED GARAGE, AND PARK MODEL TRAILER.
THE PROJECT IS SURROUNDED BY A MIXTURE OF SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL STRUCTURES.
THE PROJECT PROPOSES TO DEMOLISH ALL STRUCTURES ON SITE AND CONSTRUCT FOUR SINGLE FAMILY HOMES.
THE DETACHED CONDOMINIUM UNITS WILL BE THREE STORIES AND 34 FEET, 8 INCHES TALL.
THERE WILL BE THREE DIFFERENT FLOOR PLANS WITH UNIT 2 AND 3 SHARING THE SAME FLOOR PLAN.
THE UNITS WILL BE ARRANGED IN A LINEAR FASHION, ACCESSED BY A DRIVEIN THAT RUNS ALONG THE SOUTHERN PORTION OF THE PROPERTY.
PARKING WILL BE PROVIDED BY AN ATTACHED TWO CAR GARAGE FOR EACH UNIT OFF THE DRIVE-OUT.
ADDITIONALLY, THE PROJECT PROVIDES TWO GUEST PARKING SPACES ON SITE, ALSO ACCESS FROM THE DRIVE-OUT.
THE ARCHITECTURAL DESIGN OF THE PROJECT IS A COASTAL CONTEMPORARY STYLE, FEATURING RECTANGULAR MASSING, LOW SLOPED HIP AND SHED ROOFS, AND BALCONIES OFF THE SECOND AND THIRD FLOORS TO PROVIDE VISUAL INTEREST.
PRIMARY BUILDING MATERIALS INCLUDE HORIZONTAL SIDING, STUCCO, AND BRICK.
THE PROJECT UTILIZES LIGHT GRAY, WHITE, DARK GRAY,
[02:40:01]
BLUE, BLUE, GREEN, REDDISH PURPLE, AND BEIGE COLOR VALUES.DECK RAILINGS ARE PROPOSED AS CLASS GUARD RAILS.
EACH OF THE 41 FAMILY DWELLINGS WILL HAVE A LOW SLOPE THERMOPLASTIC POLYOLEFIN ROOFING COVER WITH WELDED RIBS ON A ONE TO 1.5 SORRY, 1.5 TO 12 PITCHED ROOF.
ROOFING WILL BE LIGHT GRAY IN COLOR.
EACH HOME WILL HAVE THEIR OWN PRIVATE YARD AND CLOSE HORIZONTAL WOOD SLAT FENCING.
STAFF HAS REVIEWED THE SCOPE OF THE PROJECT AND FINDS THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENT FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO SQ GUIDELINE SECTION 1532 IN FIELD DEVELOPMENT PROJECTS.
THE PROJECT MEETS THE EXEMPTION REQUIREMENTS AND THAT IT'S CONSISTENT WITH THE GENERAL PLAN AND ZONING DESIGNATION AND REGULATIONS AND IS SURROUNDED BY URBAN USES.
THE PROJECT SITE HAS NO VALUE AS HABITAT FOR ENDANGERED, RARE OR THREATENED SPECIES, AND THE PROJECT HAS BEEN STUDIED AND WILL NOT RESULT IN ANY SIGNIFICANT EFFECTS RELATED TO TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY.
ADDITIONALLY, THE SITE CAN BE ADEQUATELY SERVED BY ALL REQUIRED UTILITIES AND PUBLIC SERVICES AND THAT THE EXISTING LATERAL REPLACEMENT UPSIZING IS FORTHCOMING.
THE COST FOR THE SEWER PROJECT WILL BE PAID FOR THE PROJECTS CONNECTING TO THE NEW SEWER LINE.
AN ADDITIONAL CONDITION IS NEEDED TO ENSURE NEW PROJECTS PAY THEIR FAIR SHARE.
STAFF IS REQUESTING A NEW CONDITION, NUMBER 52 BE ADDED TO THE CONDITIONS OF APPROVAL FOR THE FEE.
THE CONDITION READS PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE DEVELOPER SHALL PAY A SPECIAL OR SEPARATE SEWER CONNECTION FEE FOR THE DEVELOPMENT PROJECTS PROPORTIONATE SHARE OF SEWER CAPACITY AND EQUIVALENT DWELLING UNITS TO BE CONSTRUCTED FOR THE JEFFERSON STREET SEWER PLACEMENT PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER 26 15.
FOR THE REASONS SPECIFIED HERE AND IN THE STAFF REPORT, STAFF RECOMMENDS THAT PLAN COMMISSION ADOPT THE RESOLUTION APPROVING THE CEQA EXEMPTION DETERMINATION, THE PLAN DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT, AND A PARCEL MAP. THANK YOU.
>> THANK YOU, MR. BENZ WELLING.
COMMISSIONERS, CLARIFYING QUESTIONS FOR STAFF ON THIS ITEM.
OKAY. SEEING NONE, WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION?
>> YES. THE APPLICANT WILL LIKE TO SAY A FEW WORDS.
>> PLEASE STATE YOUR NAME, AND YOU HAVE 10 MINUTES FOR YOUR PRESENTATION.
>> THANK YOU. MY NAME IS MATTHEW OSTERMAN.
I'M THE PROJECT OWNER. ALSO A LONGTIME RESIDENT OF CARLSBAD.
THANK YOU FOR YOUR CONSIDERATION OF LAGUNA VIDA.
I JUST WANT TO THANK MR. VALENZUELA FOR HIS EXCELLENT PRESENTATION AND REALLY ALL HIS HELP THROUGHOUT THE APPLICATION PROCESS.
ALSO, I TAKE A MOMENT TO THANK ALL THE STAFF WHO ARE REALLY VERY GENEROUS WITH THEIR TIME AND KNOWLEDGE ENABLING US TO GET TO THIS POINT.
THIS IS A PROJECT THAT I'M REALLY PROUD OF, AND I THINK I'M EXCITED TO MOVE ON TO THE NEXT PHASE OF IT.
I'M HERE IF YOU HAVE ANY ADDITIONAL QUESTIONS.
>> QUESTIONS OF THE APPLICANT.
OKAY. WITH THAT, I WILL GO AHEAD AND ASK TO OPEN PUBLIC TESTIMONY.
MADAM CLERK, ANY REQUESTS TO SPEAK FROM THE PUBLIC?
>> OKAY, NO CLOSE PUBLIC TESTIMONY.
DO COMMISSIONERS HAVE ANY FURTHER OR ANY QUESTIONS AT ALL FOR OUR STAFF AT THIS TIME? COMMISSIONER FITZGERALD.
>> YEAH, I JUST WANT TO, SORRY, I WANTED TO ASK A CLARIFYING QUESTION.
WHEN YOU SAY THE CITY MAY ENTER INTO AN AGREEMENT WITH PROPERTY OWNERS FOR THEIR FAIR SHARE OF THE CONSTRUCTION FOR THOSE PUBLIC SANITARY SEWER INFRASTRUCTURE, SIMILAR TO WHAT WE TRIED ABOUT BEFORE TODAY, IS THERE AN ESTIMATE FOR THEIR FAIR SHARE OR IS THAT TO BE DETERMINED AT A LATER DATE?
>> YES. I BELIEVE THAT'S GOING TO BE DETERMINED AT A LATER DATE.
I BELIEVE I HEARD IT WAS AROUND $5,000 FOR YOU.
>> I THINK DAVE PIDA CAN COME UP AND PROVIDE CLARIFICATION ON THIS ONE.
>> DAVE PAEDIA ASSISTANT UTILITIES DIRECTOR? THAT'S CORRECT.
ONE OF THE STRUGGLES THAT THE UTILITY DEPARTMENT IS FACING IS WHEN WE HAVE MULTIPLE DEVELOPERS COMING IN ON A CITY BLOCK, WHO BUILDS THE FACILITIES, WHO PROVIDES THAT INITIAL CAPACITY.
OBVIOUSLY, WE DON'T WANT THREE OR FOUR DIFFERENT DEVELOPERS EACH BUILDING A FEW HUNDRED FEET AT A TIME.
IT'S MORE EFFICIENT, MUCH LESS DISRUPTIVE TO OUR UTILITY SYSTEMS, TO HIRE A CONTRACTOR THAT CAN DO A THOUSAND FEET OF SEWER AT A TIME.
[02:45:02]
THAT IS WHAT WE ARE ANTICIPATING FOR A PROJECT THAT HAS ALREADY BEEN BEFORE THIS COMMISSION A FEW MONTHS BACK, AND IT WAS THE 2502, AND I BELIEVE, 2518 JEFFERSON STREET PROJECT.THAT DEVELOPER IS IN NEGOTIATIONS WITH THE UTILITIES DEPARTMENT TO CONSTRUCT APPROXIMATELY 01,200 FEET OF SEWER FROM BUENA VISTA PLACE TO LAGUNA DRIVE.
AND IF THAT PLAN PROCEEDS, THEN THE CITY WILL REIMBURSE THE DEVELOPER FOR CONSTRUCTING THE PORTION OF CAPACITY IN EXCESS OF WHAT IS REQUIRED FOR THESE VARIOUS DEVELOPMENT PROJECTS.
AND WE DO THAT THROUGH A REIMBURSEMENT AGREEMENT.
>> THANK YOU FOR THE CLARIFICATION.
COMMISSIONERS. ANY FURTHER QUESTIONS OF STAFF? COMMISSIONER LAFFERTY.
>> THERE IS AN EXISTING SINGLE FAMILY HOME ON THIS PROPERTY?
>> YOU SAID THIS KEEPS COMING UP AND IT'S NOT IN PARTICULAR TO THIS PROJECT, BUT IT COMES UP A LOT IN THE VILLAGE.
THE IDEA THAT THERE'S NO VALUE IS A QUESTION.
THE WHOLE REASON WE GO THROUGH THE SQL PROCESS IS BECAUSE EVERY SITE HAS SOME TYPE OF HABITAT EVEN IF IT'S NOT NATIVE.
I'M WONDERING IF THAT'S SOMETHING THAT COMES FROM OUR CITY MUNICIPAL CODE OR IS THAT SOMETHING THAT ACTUALLY IS SQA RELATED.
CAN YOU CLARIFY NO HABITAT VALUE?
>> SURE. THERE'S A COUPLE OF THINGS THAT DRIVE INTO THIS.
THE FIRST AND FOREMOST IS, IS IT DESIGNATED AS HABITAT UNDER OUR HABITAT CONSERVATION PROGRAM, WHICH IS THE CITY'S PROGRAM TO BOTH PRESERVE HABITAT, AS WELL AS ALLOW FOR IMPACTS TO THAT HABITAT UNDER THE ENDANGERED SPECIES ACT AND CALIFORNIA ENDANGERED SPECIES ACT.
THAT IS CODIFIED IN OUR ZONING ORDINANCE AS WELL, THE IMPLEMENTATION BECAUSE THAT IS INCORPORATED IN OUR COASTAL PROGRAM.
THAT'S OUR MAIN DRIVER OF, IS THERE A HABITAT IMPACT THAT'S POTENTIALLY SIGNIFICANT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT? WE USE THAT TO GUIDE OUR REVIEW OF SQA, BUT WE HAVE OUR OWN CITY CUSTOM PROGRAM.
IN THIS CASE, THE PROPERTY, CORRECT ME IF I'M WRONG, BUT IS LISTED AS DISTURBED UNDER THE HABITAT CONSERVATION PLAN.
THAT'S WHY WE WOULD NOT CONSIDER TO BE UNDISTURBED HABITAT THAT WOULD NEED TO BE PRESERVED UNDER THAT PROGRAM.
>> WELL, COULDN'T YOU JUST SAY ALREADY DISTURBED AS OPPOSED TO NO VALUE?
>> WE COULD CONFER WITH THE HABITAT MANAGEMENT PLAN ADMINISTRATOR AND CONFIRM THAT THEY'D BE OKAY WITH THAT.
I DON'T SEE A REASON WHY WE COULDN'T SAY THAT.
ALSO NOT REALLY THIS AGENDA ITEM, BUT THAT IS A TOPIC THAT WE COULD POTENTIALLY ASK THEM TO COME AND PRESENT ON TO THE COMMISSION AS PART OF OUR EDUCATIONAL SERIES.
>> I APPRECIATE THAT. IT'S COME UP SEVERAL TIMES NOW.
IT DOES SEEM TO BE A CONCERN BECAUSE WE ARE DETERMINING SQA AT THIS POINT.
I KNOW THAT LOTS OF PLACES USE NO VALUE AS HABITAT FOR CODE 4.
I CAN DRILL HERE, I CAN CRACK HERE, I CAN DO WHATEVER HERE, BECAUSE THERE'S NO VALUE.
THIS IS WHY I'M WONDERING WHY WE ARE USING THIS TERMINOLOGY.
I'M HOPING TO GET THAT CLARIFIED. THANK YOU.
>> THANK YOU. WE'RE NOT FRACKING, ARE WE ON THIS PROPERTY?
>> ANY FURTHER QUESTIONS OF STAFF? LET'S DISCUSS THE ITEM AMONGST OURSELVES.
>> YOU'D LIKE TO GO FIRST, WOULDN'T YOU?
>> I THINK IT'S A GREAT DESIGN AND I SUPPORT THE PROJECT.
>> THANK YOU. COMMISSIONER LAFFERTY.
>> THANK YOU FOR THE OWNER BEING HERE. I SUPPORT THE PROJECT.
>> MEETS ALL THE STANDARDS. I DEFINITELY SUPPORT THE PROJECT.
>> THANKS FOR BUILDING HOUSING IN THE CITY OF CARLSBAD.
I DO HAVE A QUESTION FOR STAFF.
IS FRACKING ALLOWED IN THE CITY OF CARLSBAD?
[02:50:03]
>> THE HONEST ANSWER IS, I WOULD HAVE TO RESEARCH AND GET BACK TO YOU.
LIKELY, IT'S NOT A CODIFIED USE ON OUR ZONING ORDINANCE AND OTHER AGENCIES WOULD BE INVOLVED IN ANY USES.
>> I APPRECIATE THAT, MR. LARDY.
>> THANK YOU. COMMISSIONER HUBINGER.
THANK YOU FOR BEING HERE, AND I INTEND TO VOTE FOR.
>> I ALSO THINK IT'S A GREAT PROJECT AND REALLY TO HAVE YOU MOVE ALONG IN REGARD TO BRINGING THAT TO THE PLANNING COMMISSION.
WITH THAT, DO I HAVE A MOTION ON ITEM NUMBER 3, COMMISSIONER BURROWS.
>> MOTION TO APPROVE PROJECT IS RECOMMENDED BY STAFF, INCLUDING CONDITION NUMBER 52.
COMMISSIONER FITZGERALD, ARE YOU GOING TO MAKE A SECOND?
>> MOTION BY COMMISSIONER BURROWS, SECONDED BY COMMISSIONER FITZGERALD.
PLEASE VOTE. 70. THANK YOU VERY MUCH.
I'M GOING TO BE MOVING ON TO ITEM NUMBER 4,
[4. CARLSBAD OCEAN ESTATES (lot 2) - CDP2024-0031 (DEV02030) ]
WHICH IS YOU'RE BACK AGAIN. UNBELIEVABLE.WITH THAT, I'M GOING TO ASK PARTE.
>> I'M FAMILIAR WITH THE SITE.
>> FAMILIAR WITH THE SITE. YOU'RE FAMILIAR, AND I DROVE BY THE SITE AS WELL.
MR. LARDY, WOULD YOU PLEASE INTRODUCE ITEM NUMBER 4?
>> YES, THIS ITEM IS A REHEARING DUE TO A CLERICAL ERROR WITH THE ATTACHMENTS THAT WAS HEARD THE LAST MEETING.
WE HAVE THE PRESENTATION AVAILABLE TO TAKE QUESTIONS, BUT THE WRONG LOT DESIGN WAS ATTACHED TO THE PREVIOUS STAFF REPORT.
IF YOU WOULD LIKE, WE COULD CONTINUE THE PUBLIC HEARING AND NOT GO THROUGH THE FORMAL PRESENTATION.
I WILL ALSO SAY THAT THERE WAS AN ADDITIONAL MATERIALS MEMO DISTRIBUTED ON THIS ONE TO CLARIFY AND UPDATE ONE OF THE ATTACHMENTS, JUST TO MAKE SURE THAT IT'S CLEAR THAT THE LANDSCAPE PROVISIONS ARE FOR, IN FACT, THIS LOT.
>> COMMISSIONERS, DO YOU WISH TO HAVE A PRESENTATION? STAFF GO THROUGH AND PROVIDE TO YOU A PRESENTATION? NO.
>> NO INTEREST. WE'RE FAMILIAR WITH IT.
MR. VENEZUELA, YOU'RE OFF THE HOOK.
>> WHAT ABOUT THE APPLICANT? IS THE APPLICANT HERE THIS EVENING?
>> NO, THE APPLICANT IS NOT HERE.
THEY'RE FROM LA AND I TOLD THEM THAT THEY DID NOT NEED TO COME FOR THIS.
>> GOOD ENOUGH. I'LL NOW OPEN PUBLIC TESTIMONY. MINUTES CLERK.
>> I WILL THEN CLOSE PUBLIC TESTIMONY.
COMMISSIONERS, DO YOU HAVE ANY FURTHER QUESTIONS OF STAFF? DISCUSSION. COMMISSIONER FOSTER.
>> I MAKE A MOTION TO APPROVE STAFF RECOMMENDATION.
>> IS THERE ANY DISCUSSION OTHER THAN MAKING A VOTE AMONGST YOURSELVES? MOTION BY COMMISSIONER FOSTER.
>> I MAKE A MOTION TO APPROVE STAFF RECOMMENDATION FOR APPROVAL.
>> SECONDED BY COMMISSIONER BURROWS. PLEASE VOTE.
APPRECIATE. WE'VE ALREADY HEARD ITEM NUMBER 5.
LET'S GO TO THE MINUTES AT THIS TIME. THAT WAS CARRIED OVER.
WITH THAT, I WILL GO AHEAD AND ASK THAT THE ADDITIONS OR CORRECTIONS OR COMMENTS ON THE MINUTES.
THIS WAS CARRIED OVER FROM THE STARTING OF THE MEETING, AND I THINK COMMISSIONER LAFFERTY HAD REQUESTED IT BE CONTINUED UNTIL THE END, COMMISSIONER LAFFERTY.
>> I APPRECIATE THAT. THERE WAS REALLY ONE MAIN POINT THAT WAS MISSING IN THE FIRST
>> THE MINUTES OF THE SEPTEMBER 17.
ONE OF THE CONCERNS THAT WAS BROUGHT UP IN THE MEETING, BUT WASN'T MENTIONED, I DID TALK A LOT ABOUT THE HISTORIC SIGNIFICANCE OF THE EXISTING BUILDING, BUT I'M LESS WORRIED ABOUT THAT AND MORE CONCERNED THAT ANYTHING IN THE GEOTECHNICAL REPORT.
THE QUESTION WAS, WAS ANYTHING IN THE GEOTECHNICAL REPORT SOMETHING THAT PRECLUDED THE SITE FOR ADDITIONAL PARKING.
ENGINEER GELLERT WAS UNAWARE OF ANY GEOTECHNICAL RESTRICTIONS ON THE SITE.
[02:55:01]
THOSE WERE THE TWO THINGS BECAUSE OBVIOUSLY, THE PARKING WAS THE BIG QUESTION, AND I WAS TRYING TO FIND OUT IF THERE WAS A SUBTERRANEAN REASON WHY THERE WAS NO UNDERGROUND PARKING ON THE SITE.I WOULD REQUEST THE COMMISSIONERS TO CONSIDER THIS ADDITION TO THE MINUTES ON THE BEACH BOULEVARD COMMERCIAL, JUST TO CLARIFY BECAUSE THIS IS GOING TO COUNCIL IN DECEMBER IS WHAT YOU SAID, RIGHT?
>> YES. THE PROJECT IS TENTATIVELY SCHEDULED IN DECEMBER.
IN RESPONSE TO COMMISSIONER LAFFERTY'S INQUIRY EARLIER, WE DID PREPARE SOME DRAFT LANGUAGE FOR THE COMMISSION'S CONSIDERATION FOR INCLUSION IN A MOTION TO APPROVE THE MINUTES.
>> ANYTHING ELSE? [LAUGHTER] COMMISSIONER LAFFERTY, I'M SORRY.
>> NO, THAT'S PERFECT, ACTUALLY. THAT'S PERFECT.
IF THAT COULD BE ADDED TO THE MEETING MINUTES THAT WOULD HELP CLARIFY THE PARKING.
I THINK IT WOULD HELP CLARIFY THE PARKING IF THE COMMISSION AGREE.
>> WITH THE CORRECTION OF THE MINUTES.
MAY I HAVE A MOTION TO THE MINUTES OF SEPTEMBER 17H? DO I HAVE A MOTION TO APPROVE.
COMMISSIONER LAFFERTY MAKES THE MOTION.
WITH THE ADDITIONAL STAFF RECOMMENDATION AND WORDING.
>> I MOVE TO APPROVE THE SEPTEMBER 17TH MEETING MINUTES.
>> DO I HAVE A SECOND. COMMISSIONER LAFFERTY MADE THE MOTION. DO I HAVE A SECOND? COMMISSIONER BURROWS, MAKES THE SECOND.
WITH THE ADDITION. SIX APPROVED AND COMMISSIONER MERZ ABSTAINED GIVEN HE WAS NOT HERE.
THANK YOU VERY MUCH. COMMENTARY,
[COMMISSION MEMBER COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]
REQUESTS FOR CONSIDERATION OF MATTERS FROM COMMISSIONERS.COMMISSIONER FOSTER, YOU HAD A REQUEST IN REGARD TO SB79.
I KNOW COUNCIL MEMBER BURKHOLDER HAD ADDRESSED THAT SUBSTANTIALLY EARLIER.
>> NO. THERE'S NOTHING FURTHER ADD.
I MEAN, WE TALKED ABOUT AS SOON AS THEY GET THAT INTERPRETATION OF SB79 BACK FROM THE STATE THAT IT'LL BE CIRCULATED AMONGST THE CITY OF CARLSBAD.
MR. LARDY AND THE PLANNING COMMISSION WILL RECEIVE A COPY OF THAT MEMO, AND THEN IF THERE'S INFORMATION WE NEED TO RECEIVE, I WOULD MAKE THE ASSUMPTION THAT THAT'LL BE DISBURSED TO US BY MR. LARDY AND THE PLANNING DEPARTMENT.
>> ALSO I AM CONCERNED ABOUT SB79.
I THINK COUNCIL MEMBER BURKHOLDER ADDRESSED THAT ISSUE AND YOU MR. ALARTE, AS WELL.
YES, IF YOU COULD BRING THAT BACK TO US AS TO THE PROGRESS OF WHAT THE CITY IS DOING IN REGARD TO SB79 OVER THE NEXT COUPLE TWO, THREE, FOUR MONTHS, THAT WOULD BE APPRECIATED.
>> WE'LL DO ONCE AND IF WE GET THE RESPONSE FROM THE STATE, WE'LL DISTRIBUTE IT TO THE COMMISSION.
IF ANY TIME, ANYBODY WOULD LIKE TO HAVE AN ADDITIONAL AGENDA ITEM.
WE CAN ALSO DISCUSS THAT AND AGENDIZE IT AT A FUTURE MEETING.
>> COMMISSIONER FITZGERALD. ANY COMMENTS?
COMMISSIONER LAFFERTY. COME ON.
>> HISTORIC PRESERVATION NOVEMBER 10TH.
>> THANK YOU. COMMISSIONER MERZ, COMMISSIONER FOSTER.
>> CORRECT. NEXT MEETING IS ON NOVEMBER 5TH.
>> I HAVE NOTHING. CITY PLANNER DO YOU HAVE SOMETHING THAT YOU WANT TO ADD. SUBTRACT.
[STAFF COMMENTS]
WE ARE ALSO TENTATIVELY SCHEDULED DZ OF AMERICA ON THE CITY COUNCIL HEARING DATE ON OCTOBER 28TH.
WE WILL LIKELY TAKE THE BARNS ITEM AND THE HOUSING ELEMENT IN NOVEMBER AND DECEMBER RESPECTIVELY, BUT WE WILL UPDATE YOU ON THE DATES WHEN THOSE ARE FINALIZED.
>> THANK YOU VERY MUCH. CITY ATTORNEY.
>> THANK YOU VERY MUCH. WITH THAT, I WILL ADJOURN THE MEETING, AND IT HAPPENS TO BE EXACTLY 8:08.
[NOISE]
* This transcript was compiled from uncorrected Closed Captioning.