WHAT'S YOUR NAME, PAL? ROBIN. HOW OLD ARE YOU, ROBIN?
[00:00:03]
EIGHT. YOU DON'T NEED TO EAT THE MICROPHONE.[CALL TO ORDER]
HERE. COMMISSIONER FITZGERALD, WOULD YOU PLEASE DO THE PLEDGE OF ALLEGIANCE? ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.NEXT ITEM IS THE APPROVAL OF THE MINUTES OF THE APRIL 15TH, 2026 MEETING.
[APPROVAL OF MINUTES]
ARE THERE ANY ADDITIONS, CORRECTIONS TO THE MINUTES OF APRIL 15TH, COMMISSIONERS? I SEE NONE. I WILL ENTERTAIN A MOTION TO APPROVE.COMMISSIONER BURROWS MAKES THE MOTION. MAY I HAVE A SECOND? COMMISSIONER MERZ MAKES THE SECOND. PLEASE VOTE.
FIVE YES AND TWO ABSTAIN. FITZGERALD WAS ABSENT.
HUBINGER WAS ABSENT. TONIGHT, THE FOLLOWING PLANNING COMMISSION MINUTES PROCEDURES ARE IN EFFECT.
[PUBLIC COMMENT]
WE WILL REQUIRE A REQUEST TO SPEAK FORM FOR 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 THREE MINUTES UNLESS THE TIME IS REDUCED BY THE CHAIRPERSON.
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 THAT GROUP MUST BE PRESENT FOR THE PRESENTATION TO BE MADE.
THE BROWN ACT ALLOWS MEMBERS OF THE PUBLIC TO COMMENT ON ITEMS NOT ON THE AGENDA.
ALL OTHER NONAGENDA PUBLIC COMMENTS WILL BE HEARD AT THE END OF THE MEETING.
IN CONFORMANCE WITH THE BROWN ACT, NO ACTION CAN OCCUR ON THESE ITEMS. MINUTES CLERK, DO WE HAVE ANY SPEAKER SLIPS FOR NON AGENDA ITEMS? WE DO. WE HAVE ONE OKAY. YONA JENSEN, PLEASE COME TO THE PODIUM.
PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES. TO HELP SPEAKERS KEEP WITHIN THE ALLOTTED TIME, OUR MINUTES CLERK WILL START THE TIMER. THE GREEN LIGHT MEANS SPEAK.
YELLOW MEANS THAT YOU HAVE ONE MINUTE REMAINING AND THE RED MEANS TIME HAS EXPIRED.
SINCE ITEMS BROUGHT UP UNDER THE PUBLIC COMMENT HAVE NOT LISTED ON TONIGHT'S AGENDA, THE COMMISSION IS PREVENTED BY LAW FROM DISCUSSING OR TAKING ACTION ON THESE ITEMS. BEFORE YOU BEGIN YOUR COMMENTS, PLEASE SPEAK INTO THE MICROPHONE CLEARLY AND STATE YOUR NAME FOR THE RECORD.
YOUR NAME, PLEASE. YONA JENSEN. THANK YOU. WELCOME.
AND THAT PROGRAM WAS EYE OPENING FOR ME BECAUSE I LEARNED THAT CARLSBAD DIDN'T JUST GROW BY ACCIDENT, BUT IT GROWS BY DESIGN. I LEARNED THAT OUR CITY DEEPLY VALUES COMMUNITY HISTORY AND PRESERVING OUR NATURAL ENVIRONMENT.
CURRENTLY, THERE IS A PUSH FOR MORE HOUSING AND COMMERCIAL SPACE ON THIS LOT.
HOWEVER, AS SOMEONE WHO GREW UP HERE, I SEE A DIFFERENT REALITY.
ADDING MORE HIGH DENSITY BUILDINGS TO THESE SPECIFIC SITES WILL OBSTRUCT OCEAN VIEWS OF CURRENT RESIDENTS AND INCREASE TRAFFIC AND ELIMINATE PARKING. THIS IS WHERE THE CITY'S CORE VALUES COME IN.
ONE OF OUR VALUES IS ACCESS TO RECREATION AND ACTIVE, HEALTHY LIFESTYLES.
MANY LOCALS USE THIS LAND INFORMALLY TO WALK THEIR DOGS AND GET FRESH AIR.
[00:05:05]
BY OFFICIALLY TURNING THIS INTO A PARK, OR SOMETHING OF THE SORTS, YOU WOULD BE INVESTING IN NEIGHBORHOOD VITALIZATION AND LIVABILITY. AND AS I LIKE LOOK AROUND MY NEIGHBORHOOD, I SEE LIKE YOUNGER FAMILIES AND WHERE I LIVE EXACTLY AND WHERE THIS LAND IS, THERE'S NO PARKS IN LIKE WALKING DISTANCE.SO THIS WOULD ADD TO THE OPEN SPACE FACTOR AND PROVIDE A PERMANENT SPACE FOR RECREATION AND SUPPORTS MENTAL HEALTH AND PHYSICAL WELL-BEING.
CARLSBAD'S VISION STATEMENT EXPLICITLY MENTIONS MAINTAINING A SMALL TOWN FEEL.
AND NOTHING ERODES THAT FEELING FASTER THAN OVERDEVELOPMENT ON OUR COASTLINE.
SO PLEASE CONSIDER THIS. AND THAT'S IT. THANK YOU.
I WILL REVIEW THE PROCEDURES THAT THE COMMISSION WILL FOLLOW THIS EVENING.
THE PUBLIC HEARING WILL BE OPENED. STAFF WILL MAKE THEIR PRESENTATION.
THE PLANNING COMMISSION MAY ASK CLARIFYING QUESTIONS ON THE STAFF PRESENTATION.
APPLICANTS WILL MAKE THEIR PRESENTATION RESPOND TO CLARIFYING QUESTIONS FROM THE COMMISSIONERS.
THEY WILL HAVE TEN MINUTES FOR THEIR PRESENTATION.
AFTER ALL THOSE WANTING TO SPEAK HAVE DONE SO, THE PUBLIC TESTIMONY PERIOD WILL BE CLOSED.
THE COMMISSIONERS WILL HAVE DISCUSSION AND THEY'LL GO AHEAD AND VOTE ON IT.
THE PUBLIC HEARING THEN WILL BE CLOSED. CERTAIN PUBLIC.
EXCUSE ME. 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 FOR THAT.
I'LL NOW OPEN THE PUBLIC HEARING FOR AGENDA ITEM NUMBER ONE.
[1. CARLSBAD BLVD DUPLEX PROJECT]
FIRST, COMMISSIONERS, ARE THERE ANY EX PARTE CONVERSATIONS? COMMISSIONER MERZ? YES, I VISITED THE SITE. OKAY.COMMISSIONER HUBINGER? I'M FAMILIAR WITH THE SITE. COMMISSIONER FITZGERALD.
I'M FAMILIAR WITH THE SITE. COMMISSIONER BURROWS.
I DROVE BY THE SITE. COMMISSIONER FOSTER. ALL RIGHT.
THANKS. YOU'RE WELCOME. I'VE DRIVEN AND WALKED BY THE SITE DOZENS OF TIMES FOR SURE.
AND I WALKED THE SITE, ACTUALLY, AND WENT INTO THE BACKYARD PORTION OF IT AS WELL.
MR. LARDY, WILL YOU PLEASE INTRODUCE THE ITEM? YES. THANK YOU. I'LL BE GIVING THE PRESENTATION FOR THE CARLSBAD BOULEVARD DUPLEX PROJECT.
THE SITE IS APPROXIMATELY 5400FT². IT'S GIVEN A RESIDENTIAL GENERAL PLAN DESIGNATION OF R23, WHICH ALLOWS FOR 19 TO 23 UNITS PER ACRE. THE DENSITY PROPOSED IS CONSISTENT WITH THAT ZONE.
IT'S GIVEN THE R3 MULTIFAMILY ZONE AND IS WITHIN THE COASTAL ZONE AND BEACH AREA OVERLAY.
ON THE SITE TODAY IS A SINGLE FAMILY RESIDENCE.
THE PROJECT PROPOSES A THREE STORY BUILDING WITH PARKING ON THE BOTTOM FLOOR GOING UP TO 30FT IN THE BEACH AREA OVERLAY, UP TO 30FT IS ALLOWED WITH A 3 TO 12 ROOF PITCH, AND THAT'S DOCUMENTED ON THIS WEST AND NORTH ELEVATION.
THE EAST AND SOUTH ELEVATION SHOWS THE OTHER SIDE OF THE BUILDING.
ON THE FIRST FLOOR IS A FIVE CAR GARAGE, WHICH MEETS THE PARKING REQUIREMENTS OF TWO CARS PER EACH RESIDENCE IN THIS DUPLEX, TWO HOME DEVELOPMENT, AS WELL AS ONE VISITOR GUEST SPOT AS REQUIRED BY THE BEACH AREA OVERLAY.
A MINOR COASTAL DEVELOPMENT PERMIT THAT'S NOT SUBJECT TO PURVIEW OF THE COMMISSION, BUT IS CONSISTENT WITH THE STATE LAW AND RULES AND REGULATIONS FOR ACCESSORY DWELLING UNITS. ON THE FIRST FLOOR. THERE IS ONE UNIT.
AND THEN ON THE THIRD FLOOR THERE IS THE SECOND UNIT HAVING A SPLIT LEVEL.
EACH OF THE UNITS WILL BE COMPRISED OF ONE FLOOR EACH.
APPROXIMATELY 1900FT². CEQA HAS REVIEWED AND IS RECOMMENDING THAT THIS BELONGS TO A CLASS OF PROJECTS THAT IS EXEMPT FROM CEQA UNDER 15303. THE NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES.
THIS PROPERTY IS ELIGIBLE FOR THAT BECAUSE IT IS UNDER FOUR UNITS.
[00:10:04]
THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN ZONING ORDINANCE AND OUR LOCAL COASTAL PLAN REGULATIONS, AS WELL AS OUR RECOMMENDATION THAT IS CONSISTENT AND ELIGIBLE FOR AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.WE DID POST OUR DRAFT CEQA EXEMPTION ON THE WEBSITE AT LEAST 30 DAYS AGO.
THAT CONCLUDES MY PRESENTATION. I AM AVAILABLE FOR QUESTIONS.
THANK YOU, MR. LARDY. COMMISSIONERS, ANY CLARIFYING QUESTIONS FOR STAFF? COMMISSIONER FITZGERALD. THANKS FOR THE PRESENTATION.
MY ONLY QUESTION WOULD BE RELATED TO THE DENSITY RANGE.
SO IF WE INCLUDED THE AREA THAT THE ADUS MIGHT BE LOCATED ON, WOULD THAT CHANGE THEIR ELIGIBILITY OR COMPLIANCE WITH FALLING IN THE R23 DENSITY RANGE? MR. LARDY. NO, THEY WOULD BE ALLOWED LOOKING AT THE WHOLE SITE, WHICH IS 0.124 ACRES, 2.56 ACRES. SO THAT'S. SORRY. 2.56 UNITS PER ACRE.
SO THE DENSITY ADU IS INCLUDED IN THAT CALCULATION.
AND THEY ARE WITHIN THE TWO RANGE. THEY WOULD NOT BE ABLE TO ROUND UP TO THREE UNITS.
OKAY. THANK YOU. FURTHER CLARIFYING QUESTIONS OF STAFF? COMMISSIONER LAFFERTY. THANK YOU. CAN YOU TELL US WHAT YEAR THE EXISTING HOUSE WAS BUILT? MR. LAARDY. SORRY. I'M LOOKING FOR THE HISTORIC REPORT THAT I HAD.
I'LL HAVE TO LOOK THAT UP ELECTRONICALLY. I DON'T KNOW OFF THE TOP OF MY HEAD.
IF THERE'S ANY OTHER QUESTIONS IN THE MEANTIME, HAPPY TO ANSWER WHILE I'M LOOKING THAT UP.
COMMISSIONER LAFFERTY. SECOND QUESTION? YEAH.
THE APPLICANT DETERMINED THAT THIS WOULD NOT IMPACT ANY HISTORIC RESOURCE UNDER CEQA, AND IT ALSO SUGGESTED THAT NO PALEONTOLOGICAL RESOURCES WERE FOUND ON THE SITE.
BUT MY QUESTION IS HOW IS THIS KNOWN WITHOUT TESTING? SINCE IT'S A BLOCK FROM THE BEACH. SO THE GRADING OF THE SITE IS NOT SIGNIFICANT, BUT WOULD BE TYPICAL FOR US TO REQUIRE THAT THERE WOULD BE MONITORING FOR THE GRADING OF THE SITE.
AND DID THE CITY PREPARE THE HISTORIC REPORT, OR DID THE OWNER? THE OWNER PREPARED AND SUBMITTED A HISTORIC RESOURCE REPORT TO US, WHICH IS TYPICAL OF OUR PROCESS.
IF WE ULTIMATELY BELIEVE WE THINK THERE IS A SENSITIVE HISTORIC RESOURCE, WE HAVE THE ABILITY TO REQUIRE AND REQUEST THIRD PARTY REVIEW OF THAT HISTORIC RESOURCE UNDER OUR EVALUATION OF THIS REPORT AND COMPARING IT TO SIMILAR PROJECTS AND OTHER ITEMS, WE DID NOT THINK THAT THE PROPERTY WAS A POTENTIALLY SIGNIFICANT HISTORIC RESOURCE AND DID NOT THINK THAT IT WOULD JUST BE DISQUALIFIED FROM THE CEQA EXEMPTION. DID WE FIGURE OUT THE DATE? MIC]. THANK YOU. JUST TO READ INTO THE RECORD, THE HOME WAS CONSTRUCTED IN 1947.
GREAT. THANK YOU. FURTHER QUESTIONS FOR CLARIFICATION FOR STAFF? WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION? NO? NO PRESENTATION THIS EVENING. THANK YOU. I WILL NOW OPEN PUBLIC TESTIMONY MINUTES.
CLERK, DO WE HAVE ANY SPEAKERS THIS EVENING FOR THIS ITEM? NO, CHAIR WE DO NOT. OKAY. I WILL NOW CLOSE PUBLIC TESTIMONY.
WOULD STAFF LIKE TO RESPOND TO ANY FURTHER QUESTIONS AT ALL? COMMISSIONERS HAVE ANY FURTHER QUESTIONS THAT THEY WOULD LIKE TO HAVE FROM STAFF? SEEING NONE.
COMMISSIONERS, DISCUSSION. ANY COMMENTS IN REGARD TO THIS PROJECT? OKAY WITH THAT, SEEING NO. MAY I HAVE A MOTION IN REGARD TO THIS ITEM? COMMISSIONER FITZGERALD. MOTION TO APPROVE THE ITEM AS PROPOSED BY THE PLANNERS.
[00:15:04]
PLEASE VOTE.UNANIMOUSLY APPROVED. THANK YOU. GOOD LUCK. APPRECIATE IT.
I'LL NOW OPEN THE PUBLIC HEARING ON AGENDA ITEM NUMBER 2.
[2. RINCON CVD - CT 2024-0007/SDP 2024-0021/CDP 2024-0035 (DEV2024-0004) ]
FIRST, COMMISSIONERS, EX PARTE CONVERSATIONS.COMMISSIONER HUBINGER. YEAH. VERY AWARE OF THE SITE.
COMMISSIONER MERZ. YEAH, I VISITED THE SITE. COMMISSIONER LAFFERTY.
BEEN TO THE SITE. COMMISSIONER FITZGERALD. I'M FAMILIAR WITH THE SITE.
COMMISSIONER BURROWS. I DROVE BY THE SITE. COMMISSIONER FOSTER.
FAMILIAR WITH SITE. OKAY, AND I WALKED THE SITE AS WELL.
MR. LARDY, WOULD YOU PLEASE INTRODUCE THE ITEM? YES. THANK YOU. HERE TO GIVE THE STAFF PRESENTATION FOR THE RINCON CVD SUBDIVISION.
COASTAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT PLAN IS SENIOR PLANNER EDWARD VALENZUELA.
THANK YOU, ASSISTANT DIRECTOR LARDY. GOOD EVENING, CHAIRMAN AND FELLOW COMMISSIONERS. THE PROJECT FOR YOUR CONSIDERATION IS THE CONSTRUCTION OF A MIXED USE RESIDENTIAL CONDOMINIUM BUILDING ON A 0.72 ACRE LOT AT 840 CARLSBAD VILLAGE DRIVE, FRONTING ON BOTH CARLSBAD VILLAGE DRIVE AND JEFFERSON STREET.
HOWEVER, THE LOT DOES NOT CONTAIN THE LAND AT THE CORNER OF THE CARLSBAD VILLAGE DRIVE JEFFERSON STREET INTERSECTION, MAKING THE LOT IRREGULARLY SHAPED. SURROUNDING LAND USES INCLUDE A DENTAL OFFICE TO THE SOUTH AND WEST, OFFICE BUILDINGS TO THE NORTH. COMMERCIAL AND OFFICE USES TO THE EAST AND SINGLE FAMILY RESIDENTIAL BUILDINGS TO THE WEST.
THE SITE IS PART OF THE VILLAGE CENTER DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN, WHICH ALLOWS A DENSITY RANGE OF 28 TO 35 DWELLING UNITS PER ACRE AND A HEIGHT LIMIT UP TO 45FT. A TENTATIVE TRACK MAP, SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT HAVE BEEN SUBMITTED FOR THE FIVE STORY, 92,600 SQUARE FOOT MIXED USE BUILDING FEATURING 50 RESIDENTIAL CONDOMINIUM UNITS, THREE COMMERCIAL TENANT SPACES COMPRISING 3800FT² OF COMMERCIAL FLOOR SPACE AND A GROUND FLOOR PARKING GARAGE.
THE PROJECT FEATURES 19 1 BEDROOM UNITS, 19 2 BEDROOM UNITS AND 12 3 BEDROOM UNITS.
THE VILLAGE CENTER DISTRICT OF THE MASTER PLAN ALLOWS A DENSITY UP TO 35 DWELLING UNITS PER ACRE.
HOWEVER, THE PROJECT IS REQUESTING A DENSITY BONUS UNDER STATE DENSITY BONUS LAW.
THE DENSITY YIELD RESULTS IN A BASE DENSITY OF 26 UNITS.
THE RESULTING DENSITY INCREASES FROM 35 TO 69.4 DWELLING UNITS PER ACRE.
IN EXCHANGE FOR THE 92% INCREASE IN DENSITY, STATE LAW REQUIRES THE APPLICANT TO DESIGNATE AT LEAST 15% OF THE BASE NUMBER OF DWELLING UNITS OR FOR DWELLING UNITS IN THIS CASE, AS AFFORDABLE TO VERY LOW INCOME HOUSEHOLDS AND 15% OF THE BASE NUMBER OF UNITS, OR FOUR ADDITIONAL UNITS AS AFFORDABLE TO MODERATE INCOME HOUSEHOLDS.
THIS TABLE HIGHLIGHTS THE RESPECTIVE REQUIREMENTS.
SINCE THE STATE AND CITY'S AFFORDABLE REQUIREMENTS ARE ADDITIVE, THE REQUIREMENTS OF THE STATE DENSITY BONUS LAW SATISFIES THE REQUIREMENTS OF THE CITY'S INCLUSIONARY HOUSING ORDINANCE. THE PROJECT APPLICANT WILL DESIGNATE FOUR UNITS AS VERY LOW INCOME AND FOUR UNITS AS MODERATE INCOME, SATISFYING THE AFFORDABLE HOUSING REQUIREMENTS OF STATE DENSITY BONUS LAW AND THE CITY'S INCLUSIONARY HOUSING ORDINANCE.
HERE'S THE PROPOSED SITE PLAN AND GROUND FLOOR PLAN FOR THE PROJECT.
THERE WILL BE THREE COMMERCIAL TENANT SPACES TOTALING 3800FT², A 50 VEHICLE PARKING GARAGE WITH DRIVEWAY ACCESS OFF THE JEFFERSON STREET ALLEY, AND A RESIDENTIAL PEDESTRIAN ENTRANCE LOBBY OFF JEFFERSON STREET.
[00:20:03]
SINCE THE PROJECT IS LOCATED WITHIN ONE HALF MILE OF THE CARLSBAD VILLAGE TRAIN STATION, ASSEMBLY BILL 2097 STATES THAT THE CITY CAN ONLY REQUIRE THE PROJECT TO PROVIDE ELECTRICAL, VEHICLE AND ACCESSIBLE SPACES BASED ON THE NUMBER OF PARKING SPACES THAT WOULD HAVE NORMALLY BEEN REQUIRED FOR THE PROPOSED USES.HERE'S A SAMPLE FLOOR PLAN FOR THE UPPER FLOORS.
SINCE THE UNITS ARE STACKED, FLOORS TWO THROUGH FIVE WILL HAVE A SIMILAR LAYOUT.
THE 50 RESIDENTIAL UNITS WILL RANGE IN SIZE FROM 876FT² TO 2286FT².
TO SATISFY OPEN SPACE REQUIREMENTS, EACH UNIT WILL HAVE A PRIVATE DECK.
HERE ARE THE JEFFERSON STREET AND CARLSBAD VILLAGE DRIVE ELEVATIONS.
THE BUILDINGS ARE DESIGNED IN A CONTEMPORARY STYLE, WITH A PROPOSED BUILDING HEIGHT OF 63FT, SIX INCHES AND UP TO 71FT TWO INCHES, WITH ALLOWED ROOF PROTRUSIONS FOR ROOF ACCESS, STAIR TOWER AND AN ELEVATOR EQUIPMENT ROOM.
HERE IS A RENDERING OF THE BUILDING LOOKING SOUTHEAST ON JEFFERSON STREET.
AND AS PART OF THE DENSITY BONUS REQUEST, THE APPLICANT IS REQUESTING SIX WAIVERS AND ONE INCENTIVE.
WAIVERS REQUESTED INCLUDE A 63FT SIX INCH BUILDING HEIGHT AND FIVE STORIES EXCEEDING THE ALLOWED 45FT AND FOUR STORIES, PROPOSING NO TOP FLOOR BUILDING SETBACK OFF JEFFERSON STREET, EXCEEDING THE PERCENT OF TOP FLOOR ENCLOSED SPACE, INCREASED BUILDING FACADE LENGTHS WITHOUT A FIVE FOOT CHANGE IN ARCHITECTURAL PLANE, AVERAGE DEPTH OF GROUND FLOOR STREET FRONTAGE USES ALONG CARLSBAD VILLAGE DRIVE AND A REDUCTION IN THE DEPTH OF PARKING STALLS. THE APPLICANT IS REQUESTING AN INCENTIVE TO REMOVE ALL COMMERCIAL PARKING REQUIREMENTS ADDITIONALLY, HOWEVER, TWO ACCESSIBLE COMMERCIAL SPACES WILL BE VOLUNTARILY PROVIDED.
DURING THE REVIEW OF THE PROJECT, SEVEN PUBLIC COMMENTS WERE RECEIVED ON THE PROJECT.
THE COMMENTS RECEIVED RAISED CONCERNS ON TRAFFIC, PARKING, THE UNITS BEING USED AS SHORT TERM VACATION RENTALS AND A REQUEST FOR ADDITIONAL PROJECT CONDITIONS. ALL LETTERS RECEIVED ON THE PROJECT AS OF THE PUBLISH DATE OF THE STAFF REPORT ARE INCLUDED IN EXHIBIT TEN.
ANY LETTERS RECEIVED AFTER THE PUBLISH DATE HAVE BEEN DISTRIBUTED TO THE PLANNING COMMISSION. FOR CONCERNS RELATED TO TRAFFIC CIRCULATION, THE PROJECT PREPARED A LOCAL MOBILITY ANALYSIS REPORT CONSISTENT WITH THE CITY OF CARLSBAD TRANSPORTATION IMPACT ANALYSIS GUIDELINES.
THE PROPOSED MIXED USE DEVELOPMENT WILL NOT ADVERSELY IMPACT THE TRAFFIC CIRCULATION.
CARLSBAD VILLAGE DRIVE IS DESIGNED TO ADEQUATELY HANDLE THE TRAFFIC GENERATED BY THE PROJECT.
CONCERNS RELATED TO PARKING FOCUSED ON THE PROJECT, NOT PROVIDING ENOUGH PARKING, AND THAT CONSTRUCTION WORKERS AND TENANTS WILL BE PARKING ON ADJACENT PROPERTIES. AS MENTIONED EARLIER, THE PROJECT IS SUBJECT TO ASSEMBLY BILL 2097, WHICH DICTATES THAT A CITY CANNOT ENFORCE MINIMUM PARKING REQUIREMENTS.
INSTEAD, PARKING IS PROVIDED BASED ON BUILDER PREFERENCE AND MARKET DEMAND.
THE APPLICANT WILL ALSO BE REQUIRED TO PREPARE A CONSTRUCTION STAGING PLAN, WHICH WILL INCLUDE WHERE CONSTRUCTIONS WILL BE ABLE TO PARK. FOR CONCERNS RELATED TO SHORT TERM VACATION RENTALS, SINCE THE PROJECT IS AN AB 2097 PROJECT, SHORT TERM VACATION RENTALS ARE NOT ALLOWED.
THE PROJECT HAS BEEN CONDITIONED TO PROHIBIT ANY UNIT BEING USED AS A SHORT TERM VACATION RENTAL.
AS THE PROJECT IS CONSISTENT WITH THE APPLICABLE GENERAL PLAN AND ZONING, THE PROJECT IS WITHIN CITY LIMITS ON A PROJECT SITE OF NO MORE THAN FIVE ACRES, AND IS SURROUNDED BY URBAN USES, AND THE PROJECT SITE HAS NO VALUE AS HABITAT FOR ENDANGERED, RARE OR THREATENED SPECIES. BASED ON STUDIES PERFORMED, THE PROJECT WILL HAVE NO SIGNIFICANT IMPACT ON TRAFFIC, NOISE, AIR QUALITY OR WATER QUALITY, AND THE SITE CAN BE ADEQUATELY SERVED BY THE REQUIRED UTILITIES AND PUBLIC SERVICES.
THIS PROJECT WAS ANALYZED FOR CONSISTENCY WITH ALL REQUIRED STATE LAWS, CITY CODES, POLICIES AND STANDARDS AND THAT THE STAFF REPORT AND RESOLUTION BEFORE YOU TODAY CONTAIN ALL THE ANALYSIS AND FINDINGS TO SUPPORT STAFF'S RECOMMENDATION.
EXHIBIT ONE RECOMMENDING APPROVAL OF A CEQA DETERMINATION FOR A CLASS 32 INFILL EXEMPTION, A TENTATIVE TRACK MAP, A SITE DEVELOPMENT PLAN AND A COASTAL DEVELOPMENT PERMIT BASED UPON THE FINDINGS AND SUBJECT TO THE CONDITIONS CONTAINED THEREIN.
[00:25:08]
THIS CONCLUDES MY PRESENTATION. THANK YOU. THANK YOU, MR. VALENZUELA. APPRECIATE IT. WE HAVE RECEIVED CORRESPONDENCE FROM A NUMBER OF PEOPLE.WITH THAT, COMMISSIONERS, CLARIFYING QUESTIONS FOR STAFF? COMMISSIONER BURROWS. MR. VALENZUELA. THANK YOU FOR THE PRESENTATION.
SO THE HEIGHT LIMIT IN THIS AREA IS 45FT FOUR STORIES.
THIS PROJECT'S PROPOSED HEIGHT SEVEN FEET, FIVE STORIES IN SOME SECTIONS.
DO YOU SEE THIS HEIGHT WAIVER INCREASE CREATING SPECIFIC IMPACTS TO PUBLIC HEALTH AND SAFETY? NO. UNDER A STATE DENSITY BONUS LAW, AN INCREASE IN HEIGHT DOES NOT MEET THE FINDINGS FOR AN ADVERSE IMPACT TO HEALTH AND SAFETY.
AND WERE THERE ANY OTHER CONCERNS RAISED IN PUBLIC COMMENT, INCLUDING THE CORRESPONDENCE WE RECEIVED, THAT YOU THINK WOULD RESULT IN SPECIFIC ADVERSE IMPACTS TO PUBLIC HEALTH AND SAFETY FOR THIS PROJECT? NO WAIVERS OR INCENTIVES REQUESTED RESULTED IN ANY ADVERSE IMPACTS TO HEALTH AND SAFETY.
AND FOR A FRAME OF REFERENCE, HAVE YOU FOUND THOSE SPECIFIC ADVERSE IMPACTS OF PUBLIC HEALTH AND SAFETY IN OTHER PROJECTS WITH WAIVERS OR OTHERWISE? I CAN JUMP IN ON THIS ONE. WE'VE DISCUSSED THIS IN A FEW OTHER MEETINGS.
I WILL SAY THERE HAVE BEEN CASES WHERE WAIVERS HAVE BEEN ORIGINALLY REQUESTED.
AND WE'VE SORT OF NEGOTIATED OUT BECAUSE THERE IS THE POTENTIAL FOR PUBLIC HEALTH AND SAFETY.
AS WE'VE LOOKED AROUND THE STATE AND EVALUATED CERTAIN PROJECTS AND JUST SEEING WHAT OTHER JURISDICTIONS HAVE DONE SPECIFICALLY RELATED TO FIRE REQUIREMENTS, THERE IS THE POTENTIAL FOR PUBLIC HEALTH AND SAFETY RELATED TO BUILDING DESIGN.
THERE HAS BEEN, FOR EXAMPLE, SOME PROJECTS WHERE THEY ORIGINALLY WERE LOOKING AT PURSUING A WAIVER FOR UNDERGROUNDING UTILITIES AND DUE TO THE ACCESS REQUIRED OF A LADDER TRUCK AND THE PROXIMITY OF THOSE UTILITIES. THEY DIDN'T PURSUE THAT WAIVER BECAUSE WE THOUGHT WE HAD THAT SUBSTANTIAL EVIDENCE.
THANK YOU. FURTHER QUESTIONS OF STAFF? COMMISSIONER FITZGERALD.
JUST RELATED TO THAT NOTE, THAT ALLEYWAY SEEMS PRETTY TIGHT.
CAN A FIRE TRUCK FIT BACK THERE? YES. THIS PROJECT WAS REVIEWED BY THE FIRE DEPARTMENT, INCLUDING FOR ACCESS OFF THE JEFFERSON STREET ALLEY. AND AS A PART OF THE PROJECT, THEY ARE DEDICATING FOUR FEET OF THE PROPERTY TO THE PUBLIC RIGHT OF WAY. AND THE FIRE DEPARTMENT HAS DETERMINED THAT THE FIRE ACCESS IS ADEQUATE ON THE JEFFERSON STREET ALLEY.
GREAT. YEAH. THERE IS A TRANSFORMER PLACED BACK THERE, WHICH DEFINITELY POSES A FIRE RISK.
SO AS LONG AS THE FIRE DEPARTMENT IS REVIEWED AND IS ASSURED THAT THEY CAN PROVIDE EQUIPMENT AND GET BACK THERE, I THINK I'LL SIDE WITH THEIR RULING. FURTHER QUESTIONS? COMMISSIONER LAFFERTY. THANK YOU AND THANK YOU FOR YOUR PRESENTATION.
THE HISTORIC REPORT IS CLAIMING THAT THIS IS EXEMPT BECAUSE OF INFILL, BUT IT'S ALSO NOTED IN THE HISTORIC REPORT THAT TUCKER SADLER, THE ARCHITECT FOR THE EXISTING BANK BUILDING, IS A WELL KNOWN NOTABLE SAN DIEGO ARCHITECT.
AND MY QUESTION TO STAFF IS, ARE WE GETTING RID OF A FRANK LLOYD WRIGHT THAT WE DON'T KNOW ABOUT? ACCORDING TO THE HISTORICAL REPORT, THE HISTORIAN DETERMINED THAT THIS BUILDING WAS NOT HISTORICALLY SIGNIFICANT.
WE HAVE SEEN THIS PARTICULAR HISTORIAN SEVERAL TIMES TELL US THAT THESE BUILDINGS ARE NOT SIGNIFICANT, AND THIS IS NOTABLY IN HER REPORT THAT IT ACTUALLY IS A SIGNIFICANT ARCHITECT.
AND YET WE'RE STILL BEING REQUESTED OR ASKED TO DEMOLISH THIS BUILDING WITHOUT AN ACTUAL ARCHITECTURAL REVIEW TO UNDERSTAND IF IT'S HISTORIC. SO I'LL JUST JUMP IN AND PROVIDE A LITTLE BIT OF CONTEXT HERE.
SO FIRST INCLUDED IN THE PACKAGE IS A IS A HISTORIC REPORT AND A RECOMMENDATION FOR CEQA EXEMPTION.
THIS IS PART OF THE NEW PROCESS. SO WHILE WE ARE RECOMMENDING THIS EXEMPTION, IT IS SOMETHING THAT IS ON THE AGENDA FOR THE COMMISSION TO DISCUSS OR POTENTIALLY MAKE MOTIONS AND COMMENTS RELATED TO THAT BASED UPON OUR REVIEW OF IT.
[00:30:04]
WE DID NOT SEE ANY EVIDENCE OR REASON THAT WE THOUGHT THAT IT WAS A HISTORIC RESOURCE MEETING.THE FINDINGS BECAUSE OF THE ARCHITECTURE FIRM.
IF THAT'S SOMETHING THAT THE COMMISSION WOULD EITHER LIKE MORE INFORMATION ON OR WOULD LIKE TO LOOK INTO OR MAKE MOTIONS RELATED TO, THAT IS SOMETHING THAT IS ON THE AGENDA. WE ALSO WOULD JUST ASK THAT IF THERE'S ANY QUESTIONS, THE APPLICANT WILL ALSO HAVE AN OPPORTUNITY TO PRESENT RELATED TO THAT COMPONENT DURING THEIR TIME OR, AND, OR THROUGH QUESTION AND ANSWER. THANK YOU.
FURTHER CLARIFYING QUESTIONS AT THIS MOMENT? WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION? .PLEASE STATE YOUR COME UP TO THE PODIUM. YOU HAVE THREE MINUTES.
I MEAN EXCUSE ME, YOU HAVE TEN MINUTES. AND STATE YOUR NAME PLEASE.
GOOD EVENING, CHAIR MEENES AND MEMBERS OF THE COMMISSION. AGAIN, I'M JONATHAN FRANKEL. I SERVE AS VICE PRESIDENT OF FORWARD PLANNING FOR RINCON HOMES. AS MOST OF YOU KNOW, RINCON HAS BEEN WORKING IN THE GREATER VILLAGE AREA FOR ABOUT 15 YEARS NOW, AND THIS WILL BE OUR FOURTH MIXED USE PROJECT IN THE GREATER VILLAGE AREA.
THE PROJECT BEFORE YOU TONIGHT WILL TRANSFORM A LONG VACANT AND UNDERUTILIZED BANK AND DRIVE THROUGH INTO A VIBRANT, MIXED USE COMMUNITY THAT DELIVERS BOTH MARKET RATE AND AFFORDABLE HOUSING, SUPPORTS OUR LOCAL SMALL BUSINESS OWNERS THROUGH THE CREATION OF APPROXIMATELY 3800FT² OF ADDITIONAL RETAIL SPACE, AND MAKES SIGNIFICANT FRONTAGE AND SAFETY IMPROVEMENTS TO BOTH CARLSBAD VILLAGE DRIVE AND JEFFERSON STREET, NAMELY IN THE WIDENING OF THOSE SIDEWALKS IN BOTH OF THOSE AREAS.
THIS PROJECT IS ALSO UNIQUE IN SEVERAL OTHER WAYS. I JUST WANTED TO TAKE A MOMENT TO MENTION THEM. FIRSTLY, AS SENIOR PLANNER VALENZUELA MENTIONED, THE PROJECT SETS ASIDE 30% OF THE BASE DENSITY AS DEED RESTRICTED AFFORDABLE HOUSING, AND THAT IS TWICE WHAT IS OTHERWISE REQUIRED BY THE CITY'S LOCAL INCLUSIONARY ORDINANCE.
AS FAR AS WE CAN TELL, BASED ON OUR RESEARCH, IT IS THE VERY FIRST PROJECT IN THE CITY TO OFFER FOR SALE DEED RESTRICTED AFFORDABLE UNITS SPECIFICALLY FOR MODERATE INCOME FAMILIES.
WE FREQUENTLY REFER TO THIS INCOME CATEGORY AS MISSING MIDDLE HOUSING, AND THESE WOULD BE TEACHERS, PUBLIC SAFETY PROFESSIONALS AND HEALTH CARE WORKERS WHO EARN TOO MUCH TO QUALIFY FOR THE DEEP SUBSIDY, BUT TOO LITTLE TO AFFORD A UNIT AT MARKET RATE.
THIS DEMOGRAPHIC IS TREMENDOUSLY UNDERSERVED IN GENERAL, AND IN FACT, THERE HAVE ONLY BEEN 14 UNITS OF DEED RESTRICTED MODERATE INCOME HOUSING PERMITTED IN THE CITY IN THE LAST FIVE YEARS, ALL OF WHICH HAVE BEEN RENTAL PROJECTS.
THERE ARE A NUMBER OF FACTORS THAT DETERMINE THE ULTIMATE SALES PRICE OF AN AFFORDABLE UNIT IN A MIXED INCOME COMMUNITY LIKE THIS, BUT WE ANTICIPATE THESE HOMES, THE MODERATE INCOMES HOMES SELL FOR APPROXIMATELY $375,000 TO $425,000.
AND THESE UNITS ARE EXPECTED TO SELL FOR APPROXIMATELY $100,000 TO $125,000.
AND THIS IS SOMETHING THAT WE'VE SEEN IN OUR EXPERIENCE IN THE VILLAGE OVER THE YEARS, THAT THERE IS A SUBSTANTIAL UNMET NEED FOR NEW CONSTRUCTION AT MORE APPROACHABLE PRICE POINTS. AND WE CALL THIS AFFORDABILITY BY DESIGN.
WE ARE OFTEN ASKED BY YOUNG FAMILIES AND INDIVIDUALS MOVING DOWN OUT OF A LARGER SINGLE FAMILY HOME IF WE HAVE ANY PROJECTS FOR SALE THAT INCLUDE ONE BEDROOMS AND THIS PROJECT RESPONDS DIRECTLY TO THESE UNMET NEEDS.
AND AS A RESULT OF THESE DISCUSSIONS, WE HAVE AGREED TO VOLUNTARILY PROVIDE AN ON SITE E-BIKE SHARE PROGRAM FOR FUTURE RESIDENTS, TO RESTRICT SHORT TERM VACATION RENTALS HERE AND TO EVALUATE ALL OPTIONS TO INCREASE ON SITE PARKING.
REGARDING PARKING, WE ARE ACUTELY AWARE THIS IS A KEY ISSUE THROUGHOUT THE VILLAGE.
SO THIS WILL INCREASE ON SITE PARKING BY NEARLY 50%, BRINGING THE TOTAL NUMBER OF SPACES TO 73.
AND WE DID NOT INCLUDE THESE POTENTIAL ADDITIONAL SPACES IN OUR FORMAL PARKING CALCULATIONS, BECAUSE THESE SPACES WILL ULTIMATELY BE ASSIGNED TO AN OWNER.
[00:35:01]
AND SO AS IT STANDS RIGHT NOW, WE DON'T EXACTLY KNOW WHERE THE LIFTS WILL BE LOCATED.AND THAT WILL DEPEND ON THE BUYER NEEDS AND WHICH BUYERS ULTIMATELY PURCHASE THOSE UNITS.
SO WE WISH TO BE CONSERVATIVE. SO WE DIDN'T INCLUDE IT IN OUR PARKING CALCULATION.
BUT WE DO FULLY RESPECT AND APPRECIATE THE NEED FOR ADDITIONAL PARKING.
AND WE DO BELIEVE WE CAN ACCOMMODATE IT. AND WITH THAT, THAT CONCLUDES MY PRESENTATION.
THANK YOU SO MUCH. QUESTIONS OF THE APPLICANT? COMMISSIONER FOSTER. HI. THANKS FOR THE PRESENTATION.
I'M INTERESTED IN THE LOW INCOME UNITS. THIS IS THE FIRST TIME I'VE SEEN A FOR SALE LOW INCOME UNIT SINCE I'VE BEEN ON THE PLANNING COMMISSION, WHICH I THINK IS LIKE A YEAR OR A YEAR AND A HALF OR SOMETHING LIKE THAT. BUT I'M FAMILIAR WITH.
THERE'S AN INCIDENT IN ENCINITAS WHERE THEY HAD A LOW INCOME HOUSING FOR SALE UNIT.
AND I THINK AN INVESTOR BOUGHT IT AND IT TURNED INTO A WHOLE QUAGMIRE.
AND IT CAME, YOU KNOW, MADE ALL OVER THE NEWS, RIGHT? AND SO THAT KIND OF LEADS INTO MY QUESTION OF KIND OF WALK THE PLANNING COMMISSION THROUGH, IF YOU WILL, OF HOW DO THE LOW INCOME UNITS, HOW ARE THEY SOLD TO THE FIRST BUYER? AND THEN OBVIOUSLY IT'S DEED RESTRICTED SOMEHOW, THERE'S SOMEHOW THERE'S SOME MECHANISM.
AND HOW DOES THAT MECHANISM CONTINUE IN PERPETUITY OR FOR FOREVER? HOW LONG LEGALLY, IT GOES FOR US TO MAKE SURE THAT THE OWNER CONTINUES TO BE A LOW INCOME BUYER AND THAT, YOU KNOW, AN INVESTOR DOESN'T COME IN BECAUSE WHAT DO YOU SAY, 120,000 FOR A LOW INCOME COMMUNITY THAT'S EXTREMELY CHEAP IN CARLSBAD, RIGHT? SO, YOU KNOW, HOW DO WE PROTECT IT, YOU KNOW, IF YOU WILL? SO AN INVESTOR DOESN'T BUY THAT LOW INCOME UNIT WITH SOME SORT OF PUPPET PERSON OR SOMETHING LIKE THAT? SURE. OR THEN YEARS DOWN THE ROAD, THAT PERSON DOESN'T SELL TO AN INVESTOR, YOU KNOW, AND ONWARD.
YEAH. REALLY EXCELLENT QUESTIONS, COMMISSIONER FOSTER. I'LL START. AND THEN I SEE NIKOLE HANNAH-JONES IS ENTERING STAGE LEFT HERE, AND I THINK SHE MAY BE ABLE TO SUPPLEMENT SOME OF THE RESPONSE BECAUSE IN CARLSBAD, WE ARE VERY FORTUNATE THAT YOU HAVE VERY HIGH QUALITY PROFESSIONAL STAFF THAT ACTUALLY MANAGE THE ELIGIBILITY AND QUALIFICATION PROCESS.
AND SO WE ARE RESPONSIBLE FOR CONSTRUCTING THE UNIT.
AND ONCE THE UNITS ARE AVAILABLE, WE THEN WORK CLOSELY WITH STAFF TO ESTABLISH ELIGIBILITY.
THEY NEED TO MEET THE MINIMUM INCOME CRITERIA.
FROM OUR STANDPOINT, FROM A DEED RESTRICTION, WE RECORD THAT DEED RESTRICTION ON THE PROPERTY FOR A PERIOD OF 55 YEARS ON THAT PARTICULAR UNIT. THAT IS THE TERM OF THE RESTRICTION.
AND THEN THE CITY WILL TELL US, HEY, HERE ARE THE INDIVIDUALS THAT HAVE QUALIFIED.
I KNOW THAT THEY. YOU KNOW, IF THEY WERE TO SELL THE UNIT, THAT FUTURE FAMILY WOULD ALSO HAVE TO BE QUALIFIED THAT THEY COULDN'T SELL IT TO, YOU KNOW, AT A MARKET RATE TO AN INVESTOR, FOR EXAMPLE. NAME, PLEASE.
NIKOLE HANNAH-JONES. I'M WITH HOUSING AND HOMELESS SERVICES. THANK YOU. THANK YOU.
JONATHAN ANSWERED THE QUESTION WELL. SO, THERE IS A DEED RESTRICTION.
IT GETS RECORDED ON THE PROPERTY. SO THERE IS NO INSTANCE WHERE THEY CAN GO TO SELL IT AT MARKET, WE'LL BE NOTIFIED. AND IF A QUALIFIED BUYER, LET'S SAY THEY PURCHASE THE UNIT, THEY GO THROUGH THE QUALIFICATION PERIOD, THEY GET A MORTGAGE.
IT'S AT A RESTRICTED PRICE. WE DO THE DEED RESTRICTION.
IN 15 YEARS, THEY DECIDE THEY WANT TO SELL. THEY COME BACK TO THE CITY AND SAY, WHAT'S THE SALES PRICE? AND THEN WE DO THE SAME THING. WE QUALIFY A BUYER.
WE DO A NEW AFFORDABLE SALES PRICE. WE DO A NEW RESTRICTION.
AND IT JUST CONTINUES ON IN THAT CAPACITY FOR THE 55 YEAR PERIOD.
EVERY TIME THE UNIT IS RESOLD, WE START THE CLOCK OVER AGAIN.
SO WE HAVE A PRETTY TIGHT SHIP TO MAKE SURE THAT WE'RE NOT LOSING ANY AFFORDABLE UNITS.
AND I HEARD THAT YOU HAD A QUESTION ON INVESTORS PURCHASING THE HOMES.
SO THERE WAS CHANGES TO STATE LAW ABOUT 5 OR 6 YEARS AGO THAT ADDRESSED THAT ACTUALLY.
SO NOW IN DENSITY BONUS LAW, IT'S EXPLICITLY STATED THAT IT CAN ONLY BE PURCHASED BY AN ELIGIBLE BUYER OR LIKE A QUALIFIED NONPROFIT LIKE HABITAT WHO WOULD THEN SELL IT TO A QUALIFIED BUYER.
THEY WOULDN'T BE ABLE TO DO THAT BECAUSE IT'S A FOR SALE PROJECT.
THEY WOULD HAVE TO SELL IT. COMMISSIONER FOSTER.
SO THE ONLY ENTITY THAT COULD POTENTIALLY PURCHASE IT WOULD BE SOME SORT OF QUALIFIED NONPROFIT?
[00:40:02]
YES. AND THEN THE CITY HAS THE FIRST RIGHT OF REFUSAL BECAUSE WE CAN PURCHASE THE UNIT AND THEN SELL IT BACK, BUT WE WOULDN'T BE ABLE TO RENT IT OUT IN THE SAME CAPACITY.SO WE CAN PURCHASE IT TO RESELL IT TO ANOTHER ENTITY OR TO ANOTHER QUALIFIED BUYER.
OKAY. THAT'S GOOD. SO I HAVE A QUESTION THEN.
SO THE INDIVIDUAL PURCHASES THAT UNIT AND TWO YEARS FROM NOW, USING HYPOTHETICAL, TWO YEARS FROM NOW, THAT OWNER CHOOSES TO RENT IT. IS THAT POSSIBLE? NOT ALLOWED. OKAY. THANK YOU FOR THE CLARIFICATION.
AND SHORT TERM RENTALS ARE NOT ALLOWED, WHICH I KNOW IS COVERED. RIGHT, YES.
BUT LONG TERM, EVEN LONG TERM. SO IF THEY CHOOSE NOT TO RESIDE THERE ANY LONGER IT WOULD BE A SALE.
THEY THEN WOULD COME TO THE CITY INDICATING THEIR INTEREST IN WANTING TO SELL.
AND THEN YOU GO THROUGH THE CALCULATIONS REGARDING WHAT THE SALES PRICE WOULD BE, ETC? THAT'S CORRECT. THANK YOU. AND WE DO THE MONITORING EVERY YEAR TO MAKE SURE PEOPLE ARE STILL LIVING THERE.
OK. MR. HUBINGER. COMMISSIONER. THANK YOU, MR. FRANKEL. CAN YOU, ONE MORE TIME, TAKE US THROUGH THE NUMBERS ON THE MODERATE, LOW INCOME AND OTHER TO THE TOTAL? SO HOW MANY ARE WE TALKING ABOUT HERE IN THE LOW INCOME SIDE? JUST ONE MORE TIME. I THINK THE LOW INCOME IS NEW INFORMATION, RIGHT.
SO THERE WILL BE FOUR VERY LOW INCOME UNITS. WILL BE FOUR MODERATE INCOME UNITS.
AND THE REMAINING 42 UNITS WILL BE MARKET RATE.
04, 4, 42. YES, SIR. OKAY, THAT'S ALL I WANT. THANK YOU.
FURTHER QUESTIONS. COMMISSIONER MERZ? YEAH. THANK YOU FOR THE PRESENTATION.
IT'S INTERESTING. I APPRECIATE YOU EXPLAINING ABOUT THE PARKING. WHAT TYPE OF CLEARINGHOUSE DO YOU HAVE TO HAVE IN THE GARAGE TO ALLOW FOR THE LIFTS? I MEAN, I'M JUST CURIOUS WITH THAT. YEAH. I DON'T KNOW THE EXACT NUMBER IN TERMS OF THE VERTICAL CLEARANCE, BUT I DO KNOW THAT OUR STRUCTURAL TEAM HAS LOOKED AT VERTICAL CLEARANCE.
OBVIOUSLY WE HAVE, YOU KNOW, THAT PODIUM DECK.
AND SO, YEAH, WE'VE MADE SURE THAT WE HAVE THAT VERTICAL CLEARANCE IN THE GARAGE.
OK. AND THEN, IT WAS VERY HELPFUL IN YOUR PRESENTATION EXPLAINING THE PARKING BECAUSE, YOU KNOW, WHEN I DROVE TO THE SITE, I NOTICED ON THERE'S ACTUALLY.
I THINK THE CITY IS CURRENTLY USING THE SITE FOR PARKING.
THERE'S A LITTLE SCAN THING ON THERE. I NOTICED ON THE EXISTING PARKING PLACES IN THE BANK. PRIVATE PARKING LOT. CORRECT. PRIVATE PARKING LOT. WOW. YOU KNOW, IT'S INTERESTING BECAUSE IT WAS INTERESTING. CHAMBER OF COMMERCE MEETING THIS MORNING.
BUT, YOU KNOW, YOU DON'T HAVE TO PROVIDE ANY PARKING, BUT YOU CAME UP WITH, YOU KNOW, 50 PLUS THE ABILITY, MAYBE IT DO 23 MORE. HOW DO YOU COME UP WITH THE NUMBERS? BECAUSE I GUESS YOU DON'T HAVE TO REPLY TO ANY. BUT YOU'RE PROVIDING THIS NUMBER PLUS SOME WHICH.
HOW DO YOU COUNT? I WAS JUST CURIOUS HOW YOU CAME UP WITH WHAT YOU DID.
YEAH. SO IT'S MORE ART THAN SCIENCE, I WILL SAY.
I MEAN, WE'RE LOOKING AT THE OVERALL MARKETPLACE, THE SIZE OF THE UNITS.
YOU KNOW WHAT WE THINK THE POTENTIAL BUYER PROFILE WILL BE THERE.
AND THEN BASED ON OUR, YOU KNOW, 15 PLUS YEARS OF EXPERIENCE HOW MUCH DEMAND WILL THERE BE FOR PARKING? YOU KNOW, WE LOVE WORKING IN THE VILLAGE AREA.
WE'VE WORKED A LOT IN THIS AREA BECAUSE OF THE WALKABLE ACCESS TO AMENITIES HERE.
AND WE DO SEE A LITTLE BIT MORE OF THAT. AND ESPECIALLY NOW MOVE DOWN BUYERS.
MAYBE AGAIN, ONE CAR WOULD BE SUFFICIENT AS OPPOSED TO TWO CARS.
SO IT'S REALLY A SURVEY OF THE MARKET, THE DEMOGRAPHICS OF WHO WE THINK WILL BE MOVING IN AND TALKING TO OUR FORMER BUYERS AND PEOPLE THAT ARE ON OUR INTEREST LISTS ABOUT WHAT THEIR NEEDS ARE. SO I GUESS THAT IS KIND OF INTERESTING.
WOULD IT BE SAFE TO SAY THEN THAT SINCE THEY ARE FOR SALE UNITS AND YOUR DESIRES TO SELL THEM AS THE DEVELOPER, YOU'RE COMFORTABLE WITH THAT NUMBER THAT IT'LL MEET THE NEEDS OF THE MARKET THEN? I GUESS THAT'S ABOUT RIGHT? WE ARE. THAT'S CORRECT. INTERESTING. OKAY. THANK YOU. THAT'S VERY HELPFUL. I HAVE A QUESTION FOR MR. LARDY REAL QUICK. MR. FRANKEL HAD MADE THE COMMENT IN REGARD TO THE LIFT PARKING AND THE ADDITIONAL PARKING THAT IS AVAILABLE WITHIN THE PROJECT.
[00:45:03]
2097 AREA, THE ONLY REQUIREMENT FOR PARKING IS TO PROVIDE THE EV AND THE ADA PARKING SPACES.OKAY. SO IT IS A CHOICE AND YOU WOULD NOT THERE WOULD NOT BE ANY AMENDMENTS TO THE REQUIREMENTS.
WE WOULD NOT AS LONG AS IT MEETS HEALTH AND SAFETY AND BUILDING PERMIT REQUIREMENTS BE OPPOSED TO USE OF THE LIFTS? I THINK WE WOULD JUST WORK ON THOSE DETAILS AT THE BUILDING PERMIT STAGE.
ASSUMING THE LIFTS THEMSELVES WOULD NEED BUILDING PERMITS.
THANK YOU, MR. LARDY. COMMISSIONER FITZGERALD, WHAT IS THE SQUARE FOOTAGE OF THE LOW AND MODERATE INCOME ROOMS OR UNITS? YEAH. SO THE LOW INCOME UNITS ARE ONE BEDROOM UNITS.
SO THEY'RE ABOUT 860FT². AND THERE ALSO IS A MODERATE INCOME UNIT THAT IS A TWO BEDROOM UNIT.
AND THAT IS ABOUT 1000FT². AND HOW MUCH ARE THE MARKET RATE? THE AVERAGE UNIT SIZE IS ABOUT 1300FT² IN AVERAGE.
AND THEY RANGE IN SIZE AGAIN FROM ABOUT 800 AND THEN ALL THE WAY UP ABOVE 2000.
THANKS. COMMISSIONER LAFFERTY. THANK YOU. MY FIRST QUESTION HAS TO DO WITH THE FIRST WAIVER. YOUR REQUESTING EXCEEDING THE 45 FOOT MINIMUM 4 STORIES AND GOING WITH EXCEEDING 62 AND UP TO 70 PLUS FEET. SO MY QUESTION IS, BASED ON THE FIRST PAGE, YOU SAY YOUR BUILDING TYPE IS TYPE ONE A ON THE FIRST FLOOR AND TYPE THREE A ON THE SECOND FLOOR. AND THEN YOUR WALL LEGEND HERE AND DRAWING A 202 SAYS THAT ALL THE CONSTRUCTION TWO HOUR RATED WALLS ARE WOOD.
SO IS THAT CONSISTENT WITH THE HEIGHT LIMITS OF.
IS A WOOD CONSTRUCTION CONSISTENT WITH THE HEIGHT LIMITS? YES, IS THE SHORT ANSWER. SO WE HAVE ONE FLOOR OF PODIUM AND THEN FOUR STORIES OF WOOD FRAME ABOVE.
WE VOLUNTARILY AGREED AS AN ENHANCED FIRE MEASURE HERE TO DO TYPE THREE A CONSTRUCTION.
SO ALL OF THE LUMBER IS RATED TWO HOUR RATED LUMBER ON THE PROJECT.
BUT NOW YOU SEE ACTUALLY WOOD FRAME CONSTRUCTION EXTENDING ABOVE FOUR FLOORS.
SO FOUR ABOVE A PODIUM IS PERMITTED BY BUILDING CODE.
THE BUILDING CODE SAYS YOU CAN ONLY GO 85FT WITH 3A.
SO I DON'T KNOW HOW THEY'RE GETTING TO BE 100FT, BUT OBVIOUSLY THIS DOES SEEM TO COMPLY AND YET I'M STILL WONDERING WHY IT'S ALL WOOD.
BUT YOU'RE SAYING BECAUSE OF THE RATING? THAT'S.
SO, YEAH, THE FOUR STORIES THEMSELVES ARE WOOD IN THE BOTTOM IS THE CONCRETE PODIUM.
SO THE MAXIMUM HEIGHT LIMIT WOULD BE OF THE WOOD CONSTRUCTION ITSELF.
SO NOW WE ONLY HAVE FOUR FLOORS OF WOOD WHICH IS PERMITTED.
SOMEBODY MENTIONED, AND I DON'T KNOW IF IT WAS STAFF OR YOU MENTIONING THE ACCESSIBLE SPACES THAT ARE REQUIRED VERSUS WHAT'S BEING PROVIDED.
HANDICAP ACCESSIBLE PARKING SPACES. WHAT'S THE NUMBER? YEAH, THEY'RE PROVIDING VOLUNTARILY TWO COMMERCIAL SPACES FOR ACCESSIBLE SPACES.
AND FOR RESIDENTIAL, THEY'RE REQUIRED TO PROVIDE TWO SPACES AS WELL.
SO WHAT YOU'RE SUGGESTING IS THAT THERE'S ONLY TWO ACCESSIBLE SPACES OR ARE THERE.
HOW MANY? THERE'S A TOTAL OF FOUR. TWO FOR COMMERCIAL AND TWO FOR RESIDENTIAL.
SO THE CONCESSION NUMBER ONE TO WAIVE TWO ADDITIONAL ACCESSIBLE SPACES WILL BE PROVIDED VOLUNTARILY.
THE COMMERCIAL. SO THAT'S. THE TWO COMMERCIAL ACCESSIBLE SPACES ARE BEING PROVIDED.
IS THAT? THAT'S CORRECT. YES. AND THAT'S ALL THAT'S REQUIRED? I GUESS THAT'S MY QUESTION. WITH 50 SPACES, IS THAT'S ALL THAT'S REQUIRED?
[00:50:03]
MR. LARDY. YEAH. THAT IS ALL THAT'S REQUIRED WITH THE WAIVER.WHAT THE WAIVER ALSO EFFECTIVELY DOES IS WAIVES THE COMMERCIAL EV SPACES THAT WOULD BE REQUIRED.
AND THEN ON TOP OF THAT, THEY'RE PROVIDING 48.
PLEASE CORRECT ME IF I'M WRONG ON THE NUMBERS. 48 SPACES FOR RESIDENTIAL, TWO OF WHICH ARE ADA AND SOME PORTION OF WHICH WILL BE EV TO MEET THE REQUIREMENTS. AND HOW MANY EV? YES, THEY'RE PROVIDING 27 TOTAL EV SPACES, INCLUDING 5 EV CHARGERS AND, I BELIEVE, 1 EV CHARGER FOR ACCESSIBLE.
OKAY. I GUESS IN A TYPICAL HOUSING, WHEN YOU'RE CALCULATING THE PARKING IS FOR ADEQUATE FOR THIS FOR 50 UNITS 4 ACCESSIBLE SPACES.
SO UNDER STATE DENSITY BONUS LAW, WE ARE ONLY ALLOWED TO APPLY WHAT IS PROPOSED.
SO THEY ARE PROVIDING A 1.5 SPACES UNDER STATE DENSITY BONUS LAW, THAT'S WHAT'S REQUIRED.
AND AB 2097, THEY ARE NOT REQUIRED TO PROVIDE THOSE.
SO NORMALLY 66 SPACES WOULD BE REQUIRED FOR RESIDENTIAL.
THEY'RE PROVIDING 48, WHICH THEY ARE ALLOWED TO DO UNDER STATE UNDER AB 2097.
BUT THAT STILL DOESN'T TELL ME IF ONLY 4 ACCESSIBLE SPACES ARE THE MINIMUM.
MR. LARDY. YEAH, UNDER THE BUILDING CODE, ONLY 4 ACCESSIBLE SPACES WOULD BE REQUIRED FOR DEVELOPMENT OF THIS SIZE, TWO FOR THE COMMERCIAL AND TWO FOR THE RESIDENTIAL.
SO THAT'S HOW YOU GET TO THE FOUR SPACES. ESSENTIALLY SORT OF ANY PROVISION OF COMMERCIAL WOULD BE REQUIRED TO DO TWO ADA SPACES AT THIS POINT OR MORE DEPENDING ON THE SIZE. OKAY. SO THAT'S CLEARER.
IS THERE A WAY THAT CAN BE MORE CLARIFIED OR IS IT CLARIFIED SOMEWHERE ELSE? BECAUSE OBVIOUSLY IT DOESN'T SAY FOUR SPACES HERE, SO.
SO IT WOULD ONLY BE RELATED TO THE TWO ADA SPACES.
PART OF THE REASON THAT IT'S WORDED THIS WAY IS THE CONCESSION CANNOT BE INCONSISTENT WITH ANY STATE LAW, WHICH INCLUDES THE BUILDING CODE AND ITEMS. SO THIS IS SORT OF OUR WORKED OUT CONCESSION LANGUAGE THAT WE DID HAVE WITH ONE OTHER PROJECT WHERE THE EV WAS NOT REQUIRED, BUT WE STILL FELT IT WAS IMPORTANT TO THE RESIDENTS AND POTENTIAL CUSTOMERS TO HAVE THOSE ADA SPACES.
SO THE OUTCOME OF THIS WAS THE CONCESSION THAT WAIVES ALL COMMERCIAL PARKING.
AND THEN THE DEVELOPER HAS VOLUNTARILY PROVIDING THOSE ADA SPACES.
SO I'M A LITTLE CONCERNED THAT, YOU KNOW, WE'RE.
THE CONCESSION, I UNDERSTAND. I APPRECIATE PROVIDING AS MANY ACCESSIBLE SPACES AS POSSIBLE.
BUT, YOU KNOW, AGAIN, YOU'RE SPEAKING OF LOW INCOME PEOPLE OR MIDDLE INCOME OR LOW INCOME PEOPLE THAT, YOU KNOW, WE DON'T KNOW THEIR CAPABILITIES AND WE NEED TO ALLOW ACCESS TO ALL OF THESE PEOPLE IF THERE'S AN OPPORTUNITY.
AND I'M JUST TRYING TO MAKE SURE THAT THIS PARTICULAR DEVELOPMENT WITH THE RESTRICTIVE PARKING THAT IS BEFORE US IS MEETING THE CIVIL RIGHTS OF OUR NEIGHBORS BY ACCOMMODATING THE NUMBER OF ACCESSIBLE PARKING SPACES THAT IS REQUIRED.
SO IT SOUNDS LIKE WE'VE DONE OUR DILIGENCE. THIS CONCESSION IS A LITTLE BIT UNCLEAR TO ME.
BUT WITH THE CLARIFICATION, IT'S HELPFUL. THE OTHER QUESTION I HAVE WOULD BE TALKING ABOUT.
ARE YOU FAMILIAR WITH ANY OTHER BUILDING FROM TUCKER SADLER, MR. FRENKEL? I'M NOT FAMILIAR WITH OTHER BUILDINGS DESIGNED BY TUCKER SADLER, NO.
HAVE YOU EVER BEEN TO THE CONVENTION CENTER DOWNTOWN IN SAN DIEGO OR RADKE BAND SHELL OR TERMINAL 2 IN THE AIRPORT OR EVEN THE RENTAL CAR FACILITY? COMMISSIONER LAFFERTY. I. YEAH, THE RELATION IS.
[00:55:19]
AND SO THIS IS THE CONCERN, WHERE. HAVE YOU EVER SEEKED TO TRY TO.WHEN YOU PURCHASE ONE OF THESE OLDER PROPERTIES, HAVE YOU EVER SOUGHT TO APPLY FOR THE MILLS ACT? SO, WE HAVE NOT. HOWEVER, THE CULTURAL RESOURCES ASSESSMENT, THE HISTORIC ASSESSMENT THAT WAS DONE, THE KIND OF PEDIGREE OF THE ARCHITECT IS ONE FACTOR AMONGST A NUMBER OF FACTORS THAT ARE EVALUATED IN DETERMINING WHETHER THE RESOURCE IS HISTORIC. THE FACT THAT THIS MAY BE DONE BY AN ARCHITECTURAL FIRM THAT HAD OTHER NOTABLE BUILDINGS DOES NOT IN AND OF ITSELF QUALIFY THIS BUILDING FOR HISTORIC STATUS, AND BECAUSE OF THE SUBSTANTIAL ALTERATIONS TO THE BUILDING MADE IN THE 90S, TO ADD THE DRIVE THROUGH AS WELL AS IN THE EARLY 2000 TO ADD OTHER IMPROVEMENTS TO THE BUILDING, IT WAS DETERMINED THAT IT DID NOT MEET THAT CRITERIA.
AND THAT'S WHAT THE ANALYSIS AND THE REPORT DEMONSTRATES. WELL, I HAVE AN ARTICLE HERE FROM THE SAN DIEGO UNION TRIBUNE FROM MARCH 22ND THAT ACTUALLY TALKS ABOUT THEIR MILLS ACT REPORT.
AND THIS SPEAKS ABOUT PROPERTIES ARE GRANTED HISTORIC DESIGNATION PRIMARILY FOR THEIR ARCHITECTURAL STYLE RATHER THAN THE ASSOCIATION WITH HISTORIC EVENT OR PERSON AND GROUP. AND THEN, YOU KNOW, MANY HAVE BEEN ADAPTED TO BE ABLE TO, ESPECIALLY THIS PARTICULAR BANK BUILDING WITH ACCESSIBILITY REQUIREMENTS. SO IT'S A LITTLE BIT HARD FOR ME TO UNDERSTAND WHY THIS HASN'T GONE THROUGH A LITTLE MORE THOROUGH ARCHITECTURAL INVESTIGATION TO UNDERSTAND IF THIS IS A HISTORIC RESOURCE ONLY TO SAY THAT, AGAIN, THE BUILDINGS THAT I MENTIONED EARLIER ARE SIGNIFICANT, THE TEAM THEMSELVES, TUCKER SADLER HAVE BEEN RECOGNIZED BY THE NATIONAL ARCHITECTS ASSOCIATION. AND I'M JUST CONCERNED THAT, YOU KNOW, MAYBE WE'RE OVERLOOKING SOMETHING.
AND IF THIS WAS APPLIED FOR AS A MILLS ACT PROJECT, WOULD THERE BE ANY INCENTIVES FOR PRESERVATION? COMMISSIONER MERZ. IF I MAY, MR. CHAIR. YES. CITY ATTORNEY. COMMISSIONER LAFFERTY, ARE YOU REFERRING TO A UNION TRIBUNE ARTICLE THAT YOU HAVE WITH YOU? BECAUSE YOU'RE REFERENCING THE ARTICLE, WE NEED TO MAKE THAT ARTICLE AVAILABLE TO THE APPLICANT, THE PUBLIC AND THE OTHER COMMISSIONERS. SO PERHAPS WE CAN DO THAT AT AN APPROPRIATE TIME, BEFORE WE CLOSE THE HEARING SO THAT THE APPLICANT HAS AN OPPORTUNITY TO REVIEW IT AND RESPOND IF THEY SO CHOOSE.
THANK YOU. COMMISSIONER MERZ. I DIDN'T REALLY HAVE A.
SURE. ONE IS, DURING THE TESTIMONY, THERE'S SOME COMMENTS ABOUT THESE UNITS BEING FOR SALE MODERATE, WHILE WE DO AGREE THAT THEY WOULD BE THE FIRST FOR SALE MODERATE AT LEAST IN THE LAST CYCLE.
IN CASE WE MISHEARD, IN OUR HOUSING ANNUAL PROGRESS REPORT, THERE WERE 319 UNITS THAT WERE MODERATE INCOME AND REPORTED IN THIS HOUSING ELEMENT CYCLE. THAT IS NOT EQUIVALENT OR MEETING OUR RENA QUALIFICATION.
I JUST WANTED TO MAKE SURE THAT WAS IN THE RECORD. I ALSO WANT TO SAY THAT ON PAGE 25 OF THE REPORT, THERE IS THE LISTING OF THE NUMBER OF UNITS BY MARKET RATE, MODERATE AND VERY LOW INCOME.
SO IF ANYONE WANTS TO LOOK AT THAT, IT'S CONDITION NUMBER 16.
JUST GETTING BACK TO THE ACCESSIBILITY OF PARKING SPACES CONVERSATION, THE PROJECT IS ALSO BEING CONDITIONED TO PROVIDE THE SAME PERCENTAGE OF PARKING SPACES TO THE AFFORDABLE UNITS AS THE MODERATE UNITS. SO IN THE PARKING ALLOCATION, THOSE UNITS WILL NEED TO BE PROVIDED THE SAME ACCESSIBILITY AND ACCESS TO THOSE UNITS THROUGH THE SALE PROCESS. THANK YOU. FURTHER QUESTIONS FOR THE APPLICANT? COMMISSIONER FITZGERALD. HI. MY LAST QUESTION HERE ON ITEM 20, CONDITION 20, THE DEVELOPER SHALL ESTABLISH A HOMEOWNERS ASSOCIATION AND CORRESPONDING COVENANTS. DO YOU HAVE AN ESTIMATED PRICE FOR THAT HOMEOWNERS ASSOCIATION? WE DON'T QUITE YET, COMMISSIONER FITZGERALD. THAT'S SOMETHING THAT WE'RE GOING TO DO DURING THE FINAL DESIGN PROCESS.
[01:00:04]
SO IT'S NOT A NUMBER THAT I HAVE RIGHT NOW. YEAH.SO THEORETICALLY, YOU KNOW, SOMEONE COULD PURCHASE PROPERTY HERE.
IT WOULD BE AFFORDABLE FOR THEM FACE VALUE. BUT THEN THERE COULD BE AN ENORMOUS HOMEOWNERS TAX ADDED ON TOP, SOMEWHERE OVER $800 TO $1000 ON TOP FROM WHAT I'VE SEEN IN CARLSBAD DOWNTOWN.
THAT IS CALCULATED IN INTO THEIR MONTHLY CARRYING COSTS.
SO THE MAXIMUM PURCHASE PRICE WE ACTUALLY REVERSE ENGINEER INTO BASICALLY NO MORE THAN A CERTAIN PERCENTAGE OF THEIR INCOME, ABOUT A THIRD OF THEIR INCOME, PLUS UTILITY EXPENSES, HOA, TAXES, INSURANCE, ALL OF THEIR OTHER EXPENSES.
WE'RE GOING TO GET THAT AGGREGATE NUMBER. WHATEVER THAT IS, THAT WILL THEN BACK INTO, OKAY, WHAT IS THE PURCHASE PRICE BASED ON CURRENT MORTGAGE INTEREST RATES AND THE DOWN PAYMENT AVAILABLE TO SUPPORT THE MORTGAGE.
SO THAT HOA IS INCLUDED IN THAT NUMBER. SO IT'S NOT LIKE AN INDIVIDUAL IS GOING TO THINK THAT THEY'RE GOING TO HAVE A TOTAL MONTHLY COST AT 33% OF THEIR INCOME, AND THEN ALL OF A SUDDEN THEY'RE GOING TO MOVE IN AND IT'S GOING TO BE 50% BECAUSE WE DIDN'T ACCOUNT FOR THAT NUMBER. YEAH, THAT'S REALLY GREAT TO HEAR. I THINK THAT WAS MY CONCERN IS MAKING SURE THOSE LOW TO MODERATE, YOU KNOW, HOMES, ARE THE SAME SPACIOUSNESS AND AFFORDABILITY THAT WE'RE PROMISING IF THIS WERE TO GO THROUGH. SO YEAH, I DON'T WANT TO TREAT ANYONE, YOU KNOW, DIFFERENTLY, MAKING SURE THAT THEY HAVE A SAFE COMMUNITY AND A COMMUNITY THAT WON'T KIND OF CATCH THEM IN THE LONG RUN. SO, SOUNDS GOOD.
THANKS. COMMISSIONER FOSTER FOR QUESTION FOR THE APPLICANT.
BASICALLY, I'M TRYING TO FIGURE OUT WHERE THE CITY HAS TEETH, RIGHT? SO HOW DOES THE CITY.
LIKE CITY FINDS OUT. DOES THE CITY HAVE ANY FORECLOSURE MECHANISM, OR IF THAT'S TOO SEVERE, DOES THE CITY HAVE SOME OTHER MECHANISM? THANK YOU FOR THE QUESTION.
YES, THERE ARE CLAUSES IN THE AGREEMENT THAT WE RECORD ON THE PROPERTY FOR DEFAULT.
AND THEN IF THEY DON'T CURE IT, THEN WE'LL GET IN TOUCH WITH THE CITY ATTORNEY'S OFFICE AND PROCEED WITH WHATEVER COURSE OF ACTION IS AVAILABLE TO US. YEAH. THAT'S EXCELLENT. THAT'S GREAT, I LOVE IT.
I GOT ONE OTHER QUESTION. THIS IS FOR CITY STAFF ACTUALLY.
AND THIS IS JUST FOR MY OWN EDUCATION. WHEN WE HAVE THESE EV DESIGNATED SPACES, IS IT SIMPLY, YOU KNOW, HERE'S A PARKING SPOT, SPRAY PAINT EV ON IT AND CALL IT A DAY? OR IS THE APPLICANT REQUIRED TO ACTUALLY INSTALL CHARGING IN THAT STATION, OR IS IT JUST SIMPLY PAINTING AND DESIGNATING THE STATION EV? SO UNDER OUR CLIMATE ACTION PLAN, THEY ARE REQUIRED TO PROVIDE A CERTAIN PERCENTAGE OF EV READY SPACES AND EV CHARGING STATIONS.
SO FOR THIS PROJECT, THEY WERE PROVIDING 27 EV READY SPACES FOR THE RESIDENTIAL UNITS AND 1 OR 5 STANDARD EV CHARGING STATIONS FOR RESIDENTIAL, ONE ACCESSIBLE CHARGING STATION AND ONE ADA OR ONE EV CHARGING STATION AS WELL.
SO IT'S GOING TO BE 7 TOTAL CHARGING STATIONS FOR THE RESIDENTIAL UNITS.
AND SO THIS QUESTION IS FOR THE APPLICANT IF THAT'S OKAY.
OKAY. SO THE 27 EV SPACES THAT CURRENTLY WILL NOT HAVE CHARGING INFRASTRUCTURE, IS IT BASICALLY JUST, OKAY, THAT PROPERTY OWNER IS JUST GOING TO APPLY TO, YOU KNOW, THE HOA, THEY GET APPROVAL AND THEN THEY JUST RUN THE LEVEL TWO ELECTRICAL OVER THERE AND CREATE THE PLUG, RIGHT? THAT'S RIGHT, COMMISSIONER FOSTER. SO THE CONDUIT AND ALL THE ELECTRICAL INFRASTRUCTURE IS THERE. AND IF THEY WANTED TO INSTALL THE LEVEL TWO CHARGER, THEY WOULD APPLY TO THE ARCHITECTURAL DESIGN REVIEW COMMITTEE AS PART OF THE HOA.
AND THEY WOULD GO AHEAD AND DO THAT. OKAY, COOL.
THAT'S IT FOR MY QUESTIONS. ANY FURTHER QUESTIONS FOR THE APPLICANT? OKAY. MINUTES CLERK, I'M GOING TO GO AHEAD AND OPEN UP THE PUBLIC TESTIMONY.
MINUTES CLERK, DO WE HAVE ANY SPEAKERS? NO, CHAIR, WE DO NOT.
OKAY. I WILL NOW CLOSE PUBLIC TESTIMONY. DOES THE STAFF WANT TO RESPOND TO ANY QUESTIONS? YOU WANT TO DO IT NOW? OKAY.
WE'LL TAKE A BRIEF THREE MINUTE RECESS TO BE ABLE TO PROVIDE THAT ARTICLE TO THE APPLICANT.
[01:05:05]
DATED SUNDAY, MARCH 22ND, 2006. ON 26.THANK YOU. ONE OTHER THING, IF THE CHAIR. OKAY.
WE WANT TO MAKE SURE WE CORRECT FOR THE RECORD.
THERE WAS CONVERSATION ABOUT THE NUMBER OF UNITS AND THE MIX OF UNITS BEING PROVIDED.
IT'S CORRECTLY REFLECTED ON AGENDA PAGE NUMBER 25, CONDITION 16.
BUT THERE ARE FOUR VERY LOW AFFORDABLE UNITS BEING PROVIDED.
AND THEN THE REMAINDER OF THE UNITS WILL BE MARKET RATE MIX ALONG ONE, TWO AND THREE BEDROOMS. THANK YOU, MR. LARDY. ANY STAFF WANT TO ADD ANY ADDITIONAL INFORMATION BEFORE WE PROCEED ON REGARDING THE APPLICANT? OKAY. THANK YOU. COMMISSIONERS, FURTHER QUESTIONS OF STAFF? COMMISSIONER LAFFERTY. THIS IS A QUESTION FOR THE ENGINEERING DEPARTMENT.
IS THERE ANY REASON, GEOTECHNICALLY, THE DEVELOPER COULDN'T GO BELOW GRADE TO ADD ADDITIONAL PARKING OR JUST LOWER THE BUILDING HEIGHT? GOOD EVENING, COMMISSIONERS.
JASON GELDART, ENGINEERING MANAGER, CITY OF CARLSBAD.
THERE IS NOTHING TO PRECLUDE UNDERGROUND PARKING, GEOTECHNICALLY SPEAKING.
THANK YOU VERY MUCH FOR ANSWERING THAT. PLEASE INCLUDE THAT IN THE RECORD.
FURTHER QUESTIONS OF STAFF? I HAVE A QUESTION AND POSSIBLY MR. LARDY OR MR. VALENZUELA COULD ANSWER THIS QUESTION.
ONE OF THE CORRESPONDENCES THAT WE RECEIVED WAS FROM THE EQUITABLE LAND USE ALLIANCE.
AND I WANT TO MAKE REFERENCE THAT WE DID RECEIVE THAT INQUIRY.
AND I WAS WONDERING IF STAFF WOULD LIKE TO ADD ANYTHING IN ADDITION TO SOME OF THE CONDITIONS THAT THEY HAD RECOMMENDED. GO AHEAD. CAN YOU REPEAT THE QUESTION? I'M SORRY. I'LL GO AHEAD AND TAKE THIS ONE THEN.
IT MIGHT HAVE BEEN YESTERDAY. THERE WAS TWO COMMENTS ASKING FOR CONDITIONS TO BE ADDED.
THE FIRST IS ASKING FOR A RESIDENTIAL PARKING PROGRAM ESSENTIALLY CONDITION TO BE ADDED THAT IF THERE'S A PROGRAM IN THE FUTURE, THE RESIDENTS OF THIS BUILDING WOULD NOT BE ELIGIBLE FOR A PROGRAM.
WE DON'T HAVE SUCH A PROGRAM, BUT WE'VE EVALUATED AND WE'RE NOT RECOMMENDING THAT THAT BE INCLUDED IN THE PROJECT DUE TO WE DON'T SEE THE REQUIREMENT OR CONSISTENCY WITH LAWS RELATED TO THE PROVISION OF PARKING FOR THIS PROJECT.
THERE IS ALSO A REQUEST TO CODIFY A CONDITION FOR AN ELECTRIC BIKE SHARE PROGRAM.
AND WHILE WE SUPPORT THAT AND HAVE ACKNOWLEDGED THE APPLICANT SAID THAT THEY WILL INCLUDE THAT, WE DON'T SEE A NEXUS TO REQUIRE THAT OF THE APPLICANT OR INCORPORATE IT INTO OUR CONDITIONS.
SO THAT'S WHY OUR RECOMMENDATION IS NOT TO INCLUDE THAT.
THE THIRD ITEM IS REQUESTING AN ANALYSIS OF PUBLIC SAFETY RELATED TO THE PROJECT.
I JUST WANT TO KIND OF HIGHLIGHT A LITTLE BIT THAT THE CITY IS PART OF THE HOUSING ELEMENT REZONE PROGRAM DID ALSO INCLUDE AN UPDATE TO THE PUBLIC SAFETY ELEMENT, WHICH INCLUDED AN ANALYSIS OF TWO STATE LAWS RELATED TO COMPLIANCE WITH EVACUATIONS FOR BOTH FIRE AND OTHER HAZARDS.
AND SO AS PART OF THAT, WE WORKED WITH THE FIRE DEPARTMENT AND THE POLICE DEPARTMENT TO IMPLEMENT SB 99 AND AB 747, LOOKING AT POTENTIAL AREAS OF THE CITY THAT HAVE ONLY ONE WAY IN OR OUT, AND THE POTENTIAL HAZARDS THAT THE CITY COULD FACE, WHICH IS THE TYPICAL ONES OF SOUTHERN CALIFORNIA, SUCH AS EARTHQUAKE, FIRE, CERTAIN AREAS, AND TSUNAMI INUNDATION AREAS. THERE WAS SOME LEVEL OF TRAFFIC MODELING AND REFERENCES TO IT, BUT IT WASN'T A SPECIFIC TRAFFIC MODELING AND SPECIFIC ITEM.
THANK YOU, MR. LARDY. FURTHER QUESTIONS OF STAFF? OKAY. WITH THAT, OPEN DISCUSSION FOR THE COMMISSION.
I'M GOING TO START DOWN WITH COMMISSIONER HUBINGER.
ANY COMMENTS? NO, I DON'T REALLY HAVE. I LOVE THE PROJECT.
I THINK YOU GUYS HAVE DONE A FANTASTIC JOB. I THINK YOU OVERDELIVERED ON PARKING.
WAY OVERDELIVERED ON PARKING. I THINK IT'S REALLY WELL DONE.
[01:10:05]
YOU GUYS ALWAYS DO A GOOD JOB, SO I SUPPORT IT.COMMISSIONER MERZ. YEAH, IT WAS INTERESTING IN VISITING THE SITE.
I MEAN, AT FIRST I READ THE PACKAGE AND THOUGHT, WOW, YOU KNOW, 50 PARKING PLACES.
AND THAT'S KIND OF HOW THIS SORT OF THE FEELING.
BUT THEN AGAIN, ONCE AGAIN, MR. FRANKLIN DID A VERY EXCELLENT JOB IN EXPLAINING IT.
I THOUGHT YOUR PRESENTATION WAS EXCELLENT. I THINK THE FACT THAT IT'S FOR SALE UNITS AND ALL THOSE ZEROS ARE REQUIRED, BUT BECAUSE IT'S FOR SALE, YOU'RE THE DEVELOPER, YOU KNOW, YOUR EXPERIENCE AND THE DEVELOPER'S EXPERIENCE IN RESEARCH AND WHAT IS NECESSARY COMBINED WITH THE FACT THAT THEY'RE PUTTING THE MONEY UP TO MAKE THIS WORK. AND I THINK IT'S ALSO TO IMPRESSED WITH THE FACT THAT THEY'RE MAKING ROOM FOR LIFTS IN THERE TOO.
SO I ALSO APPRECIATE THE UNIQUE ASPECT OF IT BEING FOR SALE FOCUS AND FOR CREATING OPPORTUNITIES FOR PEOPLE TO WHO WOULDN'T NORMALLY BE ABLE TO BUY TO BUY IT. SO I DEFINITELY SUPPORT THE PROJECT.
YEAH. COMMISSIONER LAFFERTY. COMMISSIONER FITZGERALD.
YEAH, ABSOLUTELY. SO, REALLY EXCITED TO SEE IF THIS WAS PASSED BY THE COMMISSION THIS WOULD BE DEVELOPED, ALTHOUGH IT WAS, YOU KNOW, A LOW TO MODERATE UNITS AND 42 SOMEWHAT OF A FRACTION FOR THOSE AFFORDABLE UNITS, THERE'S STILL 8 NONETHELESS. AND I DO APPRECIATE THE EXTRA ATTENTION TO DETAIL ON MAKING SURE THEY'RE THE RIGHT AMOUNT OF SQUARE FOOTAGE, THE ACCESS TO EV AND ADA SPACES AND ALSO THE E-BIKES.
SO, YOU KNOW, JUST CONSIDERATION FOR COMMUNITY.
WOULD STILL ENCOURAGE, YOU KNOW, WE GO A LITTLE BIT BEYOND THE FRACTION OF AFFORDABLE HOUSING, RIGHT? IF WE REALLY WANT TO MEET THOSE STANDARDS, THEN WE GOT TO ADD MORE THAN EIGHT BUT I APPROVE THE.
OR I'M GOING TO APPROVE THE PROJECT. I THINK IT'S A GOOD PLAN.
COMMISSIONER BURROWS. I'M WELL AWARE OF THE NEED FOR MORE HOUSING IN CARLSBAD.
AND AT THE SAME TIME, I'M CONCERNED ABOUT PARKING IN THE VILLAGE.
HOWEVER, WE ARE BOUND BY AB 2097 AND STATE DENSITY BONUS LAW.
AND UNDER THAT LAW, THE DECISION MAKING BODY MUST APPROVE THE REQUESTED DENSITY BONUS INCENTIVES AND WAIVERS UNLESS IT MAKES WRITTEN FINDINGS SUPPORTED BY SUBSTANTIAL EVIDENCE THAT THEY FAIL TO REDUCE HOUSING COSTS, VIOLATE STATE OR FEDERAL LAW, OR CAUSE SPECIFIC ADVERSE IMPACTS ON PUBLIC HEALTH AND SAFETY.
SO THE MAIN QUESTION FOR ME HERE IS, SUBSTANTIAL EVIDENCE.
AND AFTER HEARING FROM CITY STAFF, I DON'T THINK THE SUBSTANTIAL EVIDENCE THRESHOLD HAS BEEN MET TO DENY THE REQUESTED DENSITY BONUS INCENTIVES AND WAIVERS AND THEREFORE, IMBALANCE IN WITH THE CONDITIONS OF APPROVAL ADDED TO THE DRAFT RESOLUTION, I SUPPORT THE PROJECT. THANK YOU. COMMISSIONER FOSTER.
WELL, YOU JUST SET THE BAR REALLY HIGH. I DIDN'T HAVE A PREPARED RESPONSE HERE.
NO, HONESTLY, I AGREE WITH EVERYTHING COMMISSIONER BURROWS JUST SAID.
YOU KNOW, ESPECIALLY WITH DENSITY BONUS. FIRE HAS REVIEWED THE PROJECT.
THEY REVIEWED THE ALLEYWAY, THE SAFETY, THE WIDENING OF THE SIDEWALKS IS A POSITIVE FOR THE CITY.
THE MORE HOUSING CONTRIBUTES TO THE HOUSING ELEMENT.
YOU KNOW, THERE WAS A COMMENT REGARDING UNDERGROUND PARKING.
WE'VE HAD THAT COMMENT ON A FEW PROJECTS BEFORE.
I BELIEVE IT'S $100,000 A STALL TO GO UNDERGROUND.
AND AT SOME POINT, A DEVELOPER. IF A PROJECT DOESN'T PENCIL, THEY'RE NOT GOING TO DO IT.
SO, YOU KNOW, WE DIDN'T GO DOWN THAT ROAD TOO FAR.
BUT ANYWAY, I THINK THE PROJECT AS A WHOLE, I THINK IT'S CONTRIBUTING TO HOUSING.
I DO LIKE IT'S FOR SALE. AND I'M REALLY ACTUALLY IMPRESSED WITH THE CITY OF CARLSBAD HOUSING AND HOW YOU GUYS HAVE A PROGRAM IN PLACE AND, YOU KNOW, MECHANISMS AND EVERYTHING TO TO MAKE SURE THE LOW INCOME AND MODERATE HOUSING IS REGULATED.
I DIDN'T FORESEE THAT. SO ANYWAY, I'M BEING LONG WINDED, BUT I SUPPORT THE PROJECT.
I THINK IT'S GOOD. YEAH. I ALSO SUPPORT THE PROJECT.
COMMISSIONER BURROWS, EXCELLENT COMMENTS THAT YOU MADE, THOSE WERE MANY OF THE COMMENTS THAT I HAVE.
CONTINUALLY KEEP MAKING REFERENCE TO THE STATE LEGISLATION IN REGARD TO HOW OUR HANDS ARE TIED TO A CERTAIN DEGREE IN REGARD TO DENSITY BONUSES AND WAIVERS AND THINGS OF THAT NATURE, BUT IT IS WHAT IT IS.
AND SO I'M VERY, VERY HAPPY WITH THE DEVELOPER COMING IN WITH ADDING THE ADDITIONAL SPACES FROM THE STANDPOINT OF LIFTS. I WAS HAPPY TO HEAR THAT THIS EVENING BECAUSE THE PARKING WAS A CONCERN THAT I HAD.
AND COMMISSIONER FOSTER'S COMMENT IN REGARD TO THE CITY AND IN REGARD TO THE, I GUESS OVERSIGHT,
[01:15:04]
IS EXCELLENT. AND I'M REALLY HAPPY THAT THE DEVELOPER HAS DECIDED, RATHER THAN IT BEING A RENTAL APARTMENT BUILDING, THAT IT IS UNITS FOR SALE. AND I THINK YOU ARE MEETING A DEMAND IN THE VILLAGE AND I THINK YOU'RE ADDRESSING THOSE ISSUES, AND I'M HAPPY TO SEE THAT IS PART OF THE PROJECT AND CONDITIONS THAT IT'S A PART OF.THANK YOU VERY MUCH. SO WITH THAT, COMMISSIONER LAFFERTY.
THANK YOU. YOU'RE VERY FORTUNATE. THIS PROJECT, TO ME, IS INADEQUATE. IT DOESN'T MEET THE CEQA REQUIREMENTS TO AND POSES AN ADVERSE IMPACT TO POTENTIAL HISTORIC RESOURCES UNDER CEQA. THE FACT THAT THE REPORT IS INADEQUATE TO UNDERSTAND THAT, YOU KNOW, IT REFERENCES TUCKER SADLER AS A FAMOUS ARCHITECT IN SAN DIEGO, BUT DOESN'T ACTUALLY, YOU KNOW, MENTION ANY EVEN STYLE OF WHAT THIS BUILDING IS THAT'S BEING REQUESTED TO BE DEMOLISHED IS INADEQUATE. YOU KNOW, IT SHOULD BE AT LEAST SENT TO THE HISTORIC PRESERVATION COMMISSION TO MAKE A JUDGMENT BEFORE WE APPROVE THIS PROJECT BECAUSE I'M CONCERNED THAT WE ARE, YOU KNOW, AGAIN, LOSING OUR COMMUNITY CHARACTER, WHICH SEEMS TO BE SOMETHING THAT IS A CONSTANT REQUEST, BUT YET NEVER FULLY REALIZED, SO.
PHOTOGRAPHING ISN'T QUITE JUST ENOUGH. BUT THE OTHER LINCHPIN TO THIS IS, THE GEOTECHNICAL REPORT DOES NOT PROHIBIT BELOW GRADE PARKING OR ANY OTHER TYPE OF PARKING, WHICH MEANS THAT IF THE PARKING COULD BE LOWERED, THE BUILDING HEIGHT COULD BE LOWERED. THIS PARTICULAR PROJECT WILL SET A 70 FOOT PRECEDENT IN THE VILLAGE AND BARRIO MASTER PLAN.
YOU KNOW, SO THIS IS REALLY A CONCERN AND I HAVE A REALLY HARD TIME WITHOUT MOVING FORWARD WITH EITHER OF THESE, YOU KNOW, CONCESSIONS HERE, BUT THE HISTORIC REPORT AND THE FACT THAT THERE IS A SUGGESTED LOWERING OF THE PARKING TO BE ABLE TO LOWER THE BUILDING HEIGHT TO A MORE AMENABLE, YOU KNOW, OUR STANDARD IS 45.
WE'RE GOING 70. IT'S A BIG ASK. IT'S A BIG DIFFERENCE.
AND IT WILL BE FELT. SO I REALLY AM STRUGGLING TO SUPPORT THIS.
THANK YOU. ANY FURTHER COMMENTS, COMMISSIONERS? COMMISSIONER MERZ? NOTHING. OKAY. WITH THAT, MAY I HAVE A MOTION? COMMISSIONER MERZ. YES. I MOVE TO ACCEPT STAFF'S RECOMMENDATION.
OKAY. I HAVE A MOTION BY COMMISSIONER MERZ. MAY I HAVE A SECOND? COMMISSIONER FITZGERALD MAKES THE SECOND. PLEASE VOTE.
SIX YES, ONE NO. THANK YOU VERY MUCH. THANK YOU, MR. FRANKEL. I WILL NOW CLOSE THE PUBLIC HEARING.
COMMISSIONERS, ANY COMMENTARY OR REQUESTS FOR CONSIDERATION OF MATTERS AT ALL?
[COMMISSION MEMBER COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS]
COMMISSIONER LAFFERTY? HISTORIC PRESERVATION, I THINK IS STILL SCHEDULED FOR THE 11TH.IS THAT CORRECT? THAT WOULD BE THAT ARTICLE THAT YOU HAVE THERE, ALSO TALKS ABOUT HISTORIC DISTRICTS AND BECAUSE THE VILLAGE AND BARRIO MASTER PLAN ALREADY HAS.
IF I'M NOT MISTAKEN, DOES IT HAVE AN EIR SPECIFIC TO THE VILLAGE AND BARRIO MASTER PLAN? MR. LARDY. THERE ARE NO SPECIFIC HISTORIC DISTRICTS.
THERE ARE DISCUSSIONS OF HISTORIC RESOURCES. THERE IS A DISCUSSION OF THE LISTED RESOURCES THAT ARE WITHIN THE AREA, AND THERE IS DISCUSSION OF A CULTURAL ARTS DISTRICT, WHICH IS PRIMARILY LED BY THE LIBRARY AND CULTURAL ARTS DEPARTMENT, BUT A HISTORIC DISTRICT WOULD NEED TO BE FORMED.
[01:20:01]
ACCOMMODATE MILLS ACT PROJECTS. AND THE MAJOR DISCUSSION CONTINUALLY IN HISTORIC PRESERVATION IS THAT IT'S AN EXPENSIVE PROCESS TO DO THE HISTORIC REPORT.BUT THAT'S WHY I'M ASKING IF THERE'S ALREADY AN EIR ON THE VILLAGE AND BARRIO MASTER PLAN.
IS IT AN OPTION? AND IS IT SOMETHING THAT SHOULD BE CONSIDERED BY THE CITY TO CREATE THAT HISTORIC DISTRICT OF THAT AREA THAT ALREADY HAS THE CEQA? OR ENVIRONMENTAL REPORT? I THINK THAT'S CERTAINLY A TOPIC THAT COULD BE ON THE AGENDA AT HISTORIC PRESERVATION.
SO THERE ARE SEVERAL THINGS THAT ARE WORKING ON THAT.
DIRECTOR STRONG IS MUCH MORE FAMILIAR WITH THAN ME. THAT WILL BE COMING THROUGH THAT GROUP.
THANK YOU. SO, THE 11TH. THANK YOU. THANK YOU.
ANY OTHER COMMENTS BY COMMISSIONERS MR. LARDY, ANY ANNOUNCEMENTS? YES. AT CITY COUNCIL NEXT WEEK IS THE TOLL BROTHERS CONSIDERATION OF THE GENERAL PLAN AMENDMENT.
THE LOCATION OF THAT PARTICULAR TOLL BROTHERS PROJECT IS? THAT IS IN BRESSI RANCH ADJACENT TO THE VICE CAMPUS ON GATEWAY.
AND WE'RE WORKING AS QUICK AS WE CAN TO HAVE A BETTER PICTURE OF THE JULY AND AUGUST MEETING.
SO WE'LL BE SENDING OUT AN EMAIL TOMORROW ON THE STATUS OF AT LEAST THE MAY AND JUNE MEETINGS.
ASSISTANT CITY ATTORNEY? NOTHING FROM ME. THANK YOU.
THANK YOU. WITH THAT, CARLSBAD PLANNING COMMISSION STANDS ADJOURNED AT.
06:27 P.M.
* This transcript was compiled from uncorrected Closed Captioning.