GOOD EVENING AND WELCOME TO THE SEPTEMBER 16TH, 2026 MEETING OF THE CITY OF CARLSBAD PLANNING COMMISSION. [CALL TO ORDER] [00:00:07] MINUTES CLERK, WOULD YOU PLEASE TAKE THE ROLL? COMMISSIONER HUBINGER. LET THE RECORD SHOW THAT COMMISSIONER MERZ, COMMISSIONER LAFFERTY AND COMMISSIONER FITZGERALD ARE ABSENT. COMMISSIONER BURROWS. PRESENT. COMMISSIONER FOSTER. PRESENT. CHAIR MEENES. PRESENT. PLEDGE OF ALLEGIANCE. COMMISSIONER HUBINGER, PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. NEXT ITEM ON THE AGENDA IS THE APPROVAL OF THE MINUTES OF THE AUGUST 5TH, 2026 MEETING. [APPROVAL OF MINUTES] ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF AUGUST 5TH? SEEING NONE, I WILL ENTERTAIN A MOTION FOR APPROVAL. COMMISSIONER BURROWS MAKES THE MOTION. MAY I HAVE A SECOND? COMMISSIONER HUBINGER MAKES A SECOND. PLEASE VOTE. THANK YOU. FOLLOWING PLANNING COMMISSION MEETING PROCEDURES ARE IN EFFECT THIS EVENING. WE WILL REQUIRE A REQUEST TO SPEAK FORMS 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 ANY OTHER SPEAKER. GROUP TIMES WILL BE PERMITTED FOR ITEMS LISTED ON THE AGENDA. REPRESENTATIVE MUST IDENTIFY THE GROUP, AND AT LEAST THREE MEMBERS OF THAT GROUP MUST BE PRESENT DURING THE MEETING FOR THE PRESENTATION TO BE MADE. THOSE SPEAKING ON BEHALF OF THE GROUP HAVE TEN MINUTES, UNLESS THE TIME IS CHANGED BY THE CHAIRPERSON. MINUTES CLERK WILL CALL THE NAMES OF THOSE WISHING TO SPEAK IN THE ORDER THE REQUESTS TO SPEAK ARE RECEIVED. THE BROWN ACT ALLOWS ANY MEMBER 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 OF YOUR AGENDA. PLANNING COMMISSION WILL RECEIVE COMMENTS AS REQUESTED, UP TO A TOTAL OF 15 MINUTES AT THE BEGINNING OF THE MEETING. ALL OTHER NON-AGENDA ITEMS WILL BE HEARD AT THE END OF THE MEETING. IN CONFORMANCE WITH THE BROWN ACT, NO ACTION CAN OCCUR ON THESE ITEMS. WHEN MAKING YOUR COMMENTS, PLEASE TREAT OTHERS WITH COURTESY, CIVILITY AND RESPECT. WE ASK THAT YOU REFRAIN FROM CLAPPING DURING THE MEETING, STARTING WITH NON-AGENDA PUBLIC COMMENT. THIS WILL HELP MAKE SURE THE PEOPLE'S BUSINESS CAN BE CONDUCTED EFFICIENTLY, AND THAT THIS CHAMBER IS A PLACE WHERE ALL POINTS OF VIEW ARE WELCOMED AND RESPECTED. MINUTES CLERK, DO WE HAVE ANY SPEAKER SLIPS? NO, CHAIR, WE DO NOT. SEEING NONE. WE'LL BEGIN TONIGHT'S MEETING. IF EVERYONE WILL DIRECT THEIR ATTENTION TO THE SCREEN. I WILL REVIEW THE PROCEDURES OF THE PLANNING COMMISSION AND WHAT WE WILL FOLLOW THIS EVENING. THE PUBLIC HEARING WILL BE OPEN. STAFF WILL MAKE THEIR PRESENTATION. THE PLANNING COMMISSION MAY ASK CLARIFYING QUESTIONS ON STAFF'S BEHALF. THE APPLICANTS WILL MAKE THEIR PRESENTATION AND RESPOND TO CLARIFYING QUESTIONS FROM THE COMMISSIONERS. THEY'LL HAVE TEN MINUTES FOR THEIR PRESENTATION. PUBLIC TESTIMONY PERIOD WILL BE OPEN. THE TIME LIMIT FOR THREE MINUTES IS ALLOTTED TO EACH ONE OF THE SPEAKERS. AFTER ALL THOSE WANTING TO SPEAK HAVE DONE SO, THE PUBLIC TESTIMONY PERIOD WILL BE CLOSED. APPLICANT AND STAFF HAVE THE OPPORTUNITY TO RESPOND TO THOSE ISSUES OR QUESTIONS THAT ARE RAISED. THE COMMISSIONERS WILL DISCUSS THE ITEM AND THEN VOTE ON IT. THE PUBLIC HEARING WILL 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. WITH THAT, COMMISSIONER BURROWS, DO YOU HAVE A STATEMENT TO MAKE THIS EVENING? ARE WE DISCUSSING. AND THAT'S. OH. I'M SORRY. I'M SORRY. THAT IS MY ERROR. OKAY. I'LL NOW OPEN THE PUBLIC HEARING ON ITEM NUMBER 1. [1. AMEND CITY REGULATIONS FOR ONSHORE OIL AND GAS FACILITIES - ZCA 2026-0002/LCPA 2026-0026 (PUB 2026-0016)] COMMISSIONERS, ANY. WELL, THAT'S NOT APPLICABLE EITHER. MR. LARDY, WILL YOU PLEASE INTRODUCE THE ITEM? YES. THANK YOU. THIS IS A PUBLIC HEARING TO AMEND CITY REGULATIONS FOR ONSHORE OIL AND GAS FACILITIES. HERE TO GIVE THE STAFF PRESENTATION IS SENIOR PLANNER DONNELL. [00:05:08] THANK YOU, MR. LARDY, AND GOOD EVENING, CHAIR MEENES, MEMBERS OF THE PLANNING COMMISSION. ON JUNE 23RD OF THIS YEAR, THE CITY COUNCIL DIRECTED STAFF TO PREPARE AN AMENDMENT TO THE CARLSBAD MUNICIPAL CODE AND THE LOCAL COASTAL PROGRAM TO PROHIBIT ONSHORE OIL AND GAS FACILITIES IN ANY ZONE. THAT DIRECTION IS BOLSTERED BY RECENT STATE LEGISLATION GIVING LOCAL AGENCIES LIKE CARLSBAD GREATER AUTHORITY TO RESTRICT THESE USES. BASED ON THE CITY COUNCIL'S DIRECTION, STAFF HAS PREPARED AMENDMENTS TO THE ZONING ORDINANCE AND THE LOCAL COASTAL PROGRAM. IF PASSED, THE AMENDMENTS WOULD PROHIBIT ONSHORE OIL AND GAS FACILITIES CITYWIDE. AT THE JUNE MEETING, THE CITY COUNCIL BROADLY CONSIDERED FEDERAL, STATE AND LOCAL REGULATIONS REGARDING BOTH ONSHORE AND OFFSHORE FACILITIES. BECAUSE CARLSBAD ONLY HAS JURISDICTION EAST OR LANDWARD OF THE MEAN HIGH TIDE LINE, IT HAS NO AUTHORITY OVER OFFSHORE OIL OPERATIONS IN STATE OR FEDERAL WATERS. THEREFORE, THE PROPOSED AMENDMENTS ONLY AFFECT FACILITIES ONSHORE AND WITHIN THE CITY'S JURISDICTION. THE CITY'S CURRENT REGULATIONS REGARDING ONSHORE OIL AND GAS FACILITIES WERE ESTABLISHED IN 1989. AT THAT TIME, LIMITING THE LOCATION OF THESE FACILITIES WAS CONSIDERED MORE DEFENSIBLE THAN AN ABSOLUTE PROHIBITION OF THEM. WHILE THE ZONING ORDINANCE DOES NOT DEFINE THESE FACILITIES, IT DOES DESCRIBE THEM AS INCLUDING PROCESSING PLANTS, REFINERIES, PIPELINES AND THE OTHER USES THAT YOU SEE LISTED HERE. THE 1989 REGULATIONS LIMIT FACILITIES TO THE CITY'S THREE INDUSTRIAL ZONES, WHICH SURROUND MCCLELLAN-PALOMAR AIRPORT. THEIR APPROVAL REQUIRES THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT STANDARDS APPLICABLE TO THE ONSHORE OIL AND GAS FACILITY STATE THAT THEY ARE PROHIBITED UNLESS SPECIFIC FINDINGS ARE MADE. THE REQUIRED FINDINGS, PARAPHRASED HERE, INCLUDE THAT THE FACILITIES WOULD POSE NO DANGER TO LIFE AND PROPERTY, AND THAT THEIR BENEFITS WOULD CLEARLY OUTWEIGH ANY POSSIBLE ADVERSE ENVIRONMENTAL EFFECTS. IN THE PAST FEW YEARS, THE STATE HAS PASSED LEGISLATION IMPOSING RESTRICTIONS AND LIMITATIONS ON THE OPERATION AND LOCATION OF THE ONSHORE OIL AND GAS FACILITIES. SENATE BILL 1137, PASSED IN 2022, CREATED HEALTH PROTECTION ZONES THAT PROHIBIT NEW OIL AND GAS PRODUCTION FACILITIES THAT ARE LOCATED WITHIN 3200FT OF A SENSITIVE RECEPTOR, AND THAT'S DEFINED AS HOUSING AND SCHOOLS, BUT ALSO BUILDINGS WITH BUSINESSES OPEN TO THE PUBLIC. THESE HEALTH PROTECTION ZONES EFFECTIVELY PROHIBIT OIL AND GAS PRODUCTION FACILITIES ANYWHERE IN THE CITY. NO AMENDMENTS ARE REQUIRED BY THE CITY TO REGULATE SB 1137. DIRECTLY SUPPORTIVE OF THE AMENDMENTS PROPOSED AS ASSEMBLY BILL 3233, JUST PASSED BY THE STATE IN 2024 AND EFFECTIVE IN JANUARY OF 2025. THIS LEGISLATION GIVES CITIES AND COUNTIES GREATER AUTHORITY TO RESTRICT OIL AND GAS OPERATIONS, INCLUDING BY LIMITING OR PROHIBITING NEW OIL AND GAS DEVELOPMENTS IN THEIR JURISDICTION. THE AMENDMENTS PROPOSED ARE BROKEN INTO THREE SEGMENTS. THE FIRST IS SIMPLY TO DELETE ONSHORE OIL AND GAS FACILITIES AS A CONDITIONALLY PERMITTED USE IN THE CITY'S THREE INDUSTRIAL ZONES. ALTHOUGH TOO LENGTHY TO SHOW IN DETAIL HERE, THE SECOND SEGMENT OF THE CHANGES PROPOSED WOULD REPEAL ENTIRELY THE ZONING ORDINANCE SECTION, DESCRIBING ONSHORE OIL AND GAS FACILITIES AND THE FINDINGS REQUIRED TO APPROVE THEM, AS PRESENTED ON THE EARLIER SLIDES. AND THE THIRD SEGMENT SIMPLY AMENDS EXISTING TEXT TO CLARIFY ONSHORE OIL AND GAS FACILITIES ARE PROHIBITED IN ANY ZONE, NOT JUST THE CITY'S THREE INDUSTRIAL ZONES. IT KEEPS INTACT THE DESCRIPTION OF THESE FACILITIES, AND IT ALSO REFERENCES THE STATE PUBLIC RESOURCES CODE THAT PUTS IN PLACE THE PROVISIONS OF ASSEMBLY BILL 3233, THE 2024 LEGISLATION THAT GIVES CITIES AND COUNTIES GREATER AUTHORITY TO REGULATE THESE USES. AS FAR AS CONSISTENCY, THE AMENDMENTS ARE CONSISTENT WITH THE APPLICABLE REGULATIONS LIKE THE GENERAL PLAN, ZONING ORDINANCE AND LOCAL COASTAL PROGRAM. FOR EXAMPLE, THE AMENDMENTS ALIGN WITH THE GENERAL PLAN GOAL TO ACCOMMODATE AIR AND WATER POLLUTION FREE INDUSTRIAL USES. CHANGES PROPOSED ALSO DO NOT CONFLICT WITH ANY LOCAL COASTAL PROGRAM PROVISIONS, SUCH AS TO SEEK TO MAINTAIN PUBLIC ACCESS AND SCENIC VIEWS. AS FAR AS PUBLIC NOTIFICATION, THE OPPORTUNITIES THAT THE PUBLIC HAD FOR THE PROPOSED AMENDMENTS OCCURRED THROUGH THE NOTICES THAT ARE LISTED HERE. IN ADDITION TO ITS PUBLICATION IN THE SAN DIEGO UNION TRIBUNE, THE PUBLIC HEARING NOTICE WAS POSTED ON THE CITY'S WEBSITE AND DISTRIBUTED FOR PUBLIC REVIEW. SIMILARLY, STAFF ALSO POSTED AND DISTRIBUTED NOTICES FOR THE AMENDMENTS TO THE LOCAL COASTAL PROGRAM AND FOR THE DRAFT CEQA NOTICE OF EXEMPTION. [00:10:09] TO DATE, NO PUBLIC COMMENTS HAVE BEEN RECEIVED. AS FAR AS ENVIRONMENTAL REVIEW, OUR RECOMMENDED ENVIRONMENTAL DETERMINATION FINDS THAT THE PROJECT IS EXEMPT FROM CEQA BASED ON THE COMMON SENSE EXEMPTION FOUND IN THE CEQA GUIDELINES. THESE GUIDELINES STATE CEQA ONLY APPLIES TO PROJECTS WHICH HAVE THE POTENTIAL TO CAUSE A SIGNIFICANT ENVIRONMENTAL EFFECT. AS THE AMENDMENTS PROPOSED, NO DEVELOPMENT OR PHYSICAL CHANGE AND ONLY CLARIFY LAND USE STANDARDS, THIS EXEMPTION APPLIES. I'LL CONCLUDE WITH OUR RECOMMENDATION. STAFF RECOMMENDS THE PLANNING COMMISSION ADOPT A RESOLUTION RECOMMENDING APPROVAL OF THE CEQA DETERMINATION, AS WELL AS RECOMMENDING APPROVAL OF THE ZONING CODE AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT. WE'RE HERE TO ANSWER ANY QUESTIONS THAT THE COMMISSION MAY HAVE. THANK YOU. THANK YOU, MR. DONNELL COMMISSIONERS. ANY CLARIFYING QUESTIONS OF STAFF? COMMISSIONER BURROWS. THANK YOU FOR THE PRESENTATION, MR. DONNELL. SO TO CONFIRM, AMENDING THE CITY REGULATIONS WOULD NOT IMPACT ANY PENDING PROJECTS. THAT'S CORRECT. STAFF IS NOT AWARE OF ANY EXISTING OR PENDING OIL AND GAS FACILITIES IN CARLSBAD. COMMISSIONER HUBINGER. SO ESSENTIALLY, I MEAN, PRACTICALLY, WE'RE NOT GOING TO PROBABLY FIND OIL ANYWHERE IN CARLSBAD. BUT IF WE DID, THIS WOULD PROHIBIT ANY DEVELOPMENT OF THAT OIL. THAT IS CORRECT. SO IF WE WERE A POORER CITY AND WE ACTUALLY FOUND OIL, IT WOULD BEHOOVE US TO PERHAPS CHASE THAT DOWN. RIGHT. AND THIS LEGISLATION WOULD PERMIT THAT. IT SIMPLY GIVES A CITY OR COUNTY MORE FREEDOM TO REGULATE FACILITIES. SO. SO JUST THAT SORT OF. SO IF THAT WERE THE CASE, AND SOMEHOW WE MIRACULOUSLY FOUND OIL IN AN INDUSTRIAL KIND OF ZONE, THE CITY STILL WOULD HAVE THE OPPORTUNITY PERHAPS TO EXPLOIT THAT? THAT'S CORRECT. YEAH. OKAY. SO EFFECTIVELY THE AMENDMENT HERE IS JUST TO PUT AN EXTRA STEP IN THE PROCESS. CORRECT. OKAY. IF I COULD JUST ADD, IF I MAY, CHAIR, COMMISSIONER HUBINGER. I MEAN, TO UNDO THIS AMENDMENT, IF APPROVED BY CITY COUNCIL, WOULD ULTIMATELY REQUIRE AN AMENDMENT TO THE MUNICIPAL CODE. IT ITSELF WOULD REQUIRE AN ACTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. SO NOTHING IS UNDOABLE, BUT THERE WOULD BE REQUIRED TO BE LIKELY EXTENSIVE ANALYSIS. ADDITIONALLY, THERE ARE OTHER STATE LAWS RELATED TO PROXIMITY TO RESIDENTIAL AND OTHER THINGS. AS MR. DONNELL SAID, WE'RE NOT AWARE OF EVEN THE EXISTENCE OF OIL UNDER CARLSBAD, BUT IF THERE WAS, THERE WOULD. IF THIS IS DONE, IT WOULD REQUIRE A PRETTY SIGNIFICANT UNWINDING IN ORDER TO. LIKE A BOA CONSTRICTOR FOR AN OIL AND GAS PROJECT IN THE CITY. THAT'S HOW I LIKEN IT. OKAY. ANY FURTHER QUESTIONS OF STAFF? COMMISSIONER FOSTER. THANK YOU FOR THE PRESENTATION. HAS THERE. IN THE CITY STAFF'S KNOWLEDGE, HAS THERE EVER BEEN AN APPLICATION FOR ANY SORT OF OIL AND GAS FACILITY OR ANYTHING LIKE THAT IN THE HISTORY OF CARLSBAD? I CAN. FROM WHAT I KNOW, AND THIS MAY PREDATE CITY INCORPORATION, THERE APPARENTLY WAS A AN OIL WELL IN THE VICINITY OF LA COSTA ACROSS EL CAMINO REAL FROM THE VONS PAVILION SUPERMARKET. HOWEVER, THAT'S BEEN DEVELOPED NOW WITH A SHOPPING CENTER, SO IT DOESN'T EXIST ANYMORE. I CAN TELL YOU AS WELL THAT THERE WAS A PROPOSAL, OR AT LEAST DISCUSSION OF SOME KIND OF REFINERY IN THE MACARIO CANYON AREA, WHERE THE CITY'S VETERANS MEMORIAL PARK AND THE CROSSINGS GOLF COURSE ARE NOW LOCATED. AND I'M BASING THAT ON INFORMATION WE'VE FOUND IN OUR HISTORICAL FILES THAT INDICATED THERE WAS INTEREST IN DOING THAT, BUT OBVIOUSLY NOTHING CAME TO FRUITION. APPROXIMATELY WHAT DECADES WOULD THAT BE? I BELIEVE, AND I COULD BE WRONG, THAT WAS THE 70S. OKAY, SO THEN IN THE 80S, AROUND 1989, THAT'S WHEN THE CITY OF CARLSBAD CREATED THEIR STRICTER RESTRICTIONS AND REGULATIONS ON OIL. IS THAT CORRECT? I'M NOT SURE WHAT REGULATIONS EXISTED PRIOR TO THAT, BUT THE CURRENT ONES WERE ADOPTED THEN. AND SO IN 1989, THE CITY ATTORNEY AT THAT TIME, OR CITY COUNCIL OR SOMETHING LIKE THAT. THEY SAID, HEY, WE SHOULD NOT DO AN ALL OUT BAN, DUE TO POTENTIAL LITIGATION THE CITY MAY OPEN THEMSELVES UP TO AT THAT TIME. IS THAT CORRECT? I BELIEVE THE CITY FELT IT WAS MORE DEFENSIBLE TO ADOPT THE REGULATIONS WE CURRENTLY HAVE. [00:15:03] SO THE CURRENT THE CURRENT REGULATIONS ARE VERY, VERY, VERY RESTRICTIVE, BUT THEY'RE NOT A COMPLETE BAN. AND THAT'S. AND BASICALLY, THE ATTORNEYS POSITION AT THAT TIME WAS A COMPLETE BAN WOULD POTENTIALLY OPEN THE CITY UP TO LITIGATION. AND SO, SO MY FOLLOW UP QUESTION TO THAT WOULD BE, AND I GUESS THIS QUESTION IS FOR THE CITY ATTORNEY, BUT WOULD HAS THE CITY ATTORNEY'S POSITION CHANGED IN ANY MATTER I MEAN, IF IF WHAT EXISTED IN 1989 AND NOW WHAT'S EXISTING IN 2026, HOW IS THAT LEGAL OPINION CHANGED? IF I MAY CITY ATTORNEY, THE CITY ATTORNEY'S LEGAL COUNSEL IS FOR THE CITY. AND SO ONLY THE CITY COUNCIL CAN WAIVE SUCH PRIVILEGED COMMUNICATIONS. SO IN TERMS OF HOW THE CITY ATTORNEY'S LEGAL OPINION HAS CHANGED OVER THE PASSAGE OF TIME IS SOMETHING THAT THAT CAN'T BE SHARED PUBLICLY RIGHT NOW. HOWEVER, THE RECENT STATE LEGISLATION THAT PROVIDES FOR A COMPLETE BAN WITHIN LOCAL JURISDICTIONS STEMS FROM, I BELIEVE IT WAS A LEGAL CASE IN MONTEREY, WHERE A COMPANY PREVENTED LOCAL JURISDICTIONS COMPLETE BAN OR REGULATION TO THE EXTENT THE READING OF THEN CURRENT STATE LAW PREEMPTED A LOCAL JURISDICTIONS ABILITY TO DO THAT. SUBSEQUENTLY, STATE LEGISLATURE INTRODUCED WHAT WAS PREVIOUSLY ADDRESSED THAT DOES EXPRESSLY ALLOW FOR LOCAL JURISDICTIONS LIKE THE CITY OF CARLSBAD TO EXERCISE ITS AUTHORITY AND BAN ANY AND ALL PRODUCTION IN THE CITY. SO STATE LAW HAS CHANGED IN THAT SENSE. BUT I CAN'T REVEAL CITY ATTORNEY PRIVILEGED COMMUNICATIONS AT THIS POINT. THAT'S UNDERSTOOD. SO. SO MY UNDERSTANDING OF THE CURRENT LEGAL FRAMEWORK THAT THE CITY IS OPERATING IN, IN EVERY CITY FOR THAT MATTER OF THE STATE OF CALIFORNIA. SO WITH SB 1137, THESE FACILITIES ARE EFFECTIVELY BANNED IN CARLSBAD ANYWAY. IS THAT CORRECT? YES, I BELIEVE THAT'S CORRECT. SO IF UNDER THE CURRENT LEGAL FRAMEWORK, UNDER STATE LAW, THESE FACILITIES ARE ALREADY BANNED IN CITY OF CARLSBAD, WHAT DOES IT MATTER WHAT WE'RE DOING RIGHT HERE? WELL, I MEAN, I THINK THERE'S DIFFERENT WAYS TO LOOK AT IT. BUT BUT ONE WAY PERHAPS IS IF YOU READ OUR CODE, YOU WOULD THINK THERE IS A POTENTIAL TO HAVE OIL AND GAS FACILITIES IN CERTAIN ZONES. THAT'S WHAT IT DOES. AND SO CLEANING UP THE CODE TO REFLECT THE BAN AND ULTIMATELY, SHOULD THE COUNCIL APPROVE IT, THEIR DIRECTION TO NOT HAVE IT, THAT WOULD MAKE IT CLEAR CUT AND DRY AND EASY TO RESPOND TO MEMBERS OF THE PUBLIC SHOULD THEY INQUIRE ABOUT THESE TYPES OF FACILITIES IN THE CITY OF CARLSBAD. ALL RIGHT. MY LINE OF QUESTIONS IS DONE RIGHT NOW. ANY FURTHER QUESTIONS OF STAFF? I'LL NOW OPEN PUBLIC TESTIMONY. MINUTES CLERK, DO WE HAVE ANY REQUESTS TO SPEAK? WE DO. WE HAVE ONE PAGE. CAN YOU COME TO THE PODIUM? AS YOU APPROACH THE SPEAKERS HAVE THE MINUTES WILL ACTIVATE A TIMER. THE GREEN LIGHT MEANS SPEAK. THE YELLOW MEANS THAT YOU HAVE 30S REMAINING. AND THE BLINKING RED LIGHT MEANS TIME HAS EXPIRED. PLEASE STATE YOUR NAME FOR THE RECORD. CAN YOU HEAR ME? OKAY. I'M PAIGE. I'M A LONG TIME CARLSBAD RESIDENT. COMMISSIONERS. THANK YOU FOR ALLOWING ME TO SPEAK. I'M HAPPY TO SEE THAT CARLSBAD IS CLOSING THE LOOPHOLES FOR ONSHORE OIL AND GAS FACILITIES WITHIN OUR CITY. WHILE THE CURRENT FEDERAL ADMINISTRATION ISN'T TARGETING OUR OUR REGION FOR DRILLING PERMITS, YOUR ACTIONS DO SEND A MESSAGE THAT FOSSIL FUEL EXTRACTION ACTION IS AN UNNECESSARY EVIL. WHEN WE HAVE CLEANER, CHEAPER ALTERNATIVES. WITHIN THE CITY. WE HAVE OUR CLIMATE ACTION PLAN AND THE CITY NOW HAS ON ITS FACILITIES USING 100% RENEWABLE FACILITIES. AND THE GOAL OF THE CLEAN ENERGY ALLIANCE AND THE CITY IS TO REACH 100% THROUGHOUT THE CITY BY 2035. SO I THINK WHAT YOU'RE DOING HERE TONIGHT IS IN KEEPING WITH THAT GOAL OF THE CITY. AND IF YOU ARE COMMITTED TO FIGHTING OFFSHORE DRILLING, PLEASE JOIN THE SIERRA CLUB ON SEPTEMBER 26TH AT THE OCEANSIDE PIER 11 IN THE MORNING FOR A PROTEST AGAINST THE DRILLING. THANK YOU. [00:20:01] THANK YOU VERY MUCH. ANY FURTHER SPEAKERS, MADAM? NO, CHAIR. THERE'S NOT. WITH THAT, I WILL NOW CLOSE PUBLIC TESTIMONY. ANY FURTHER QUESTIONS OF STAFF ON THIS ITEM? I GOT ONE QUESTION. COMMISSIONER FOSTER UNDER THE PROHIBITED USES IT SAID HELICOPTER PAD. WHY WOULD HELICOPTER PAD BE A PROHIBITED USE IN CONNECTION WITH THE OIL? I WOULD BE SPECULATING. OKAY. I DON'T KNOW FOR SURE. CAN YOU CAN YOU PUT THAT SLIDE UP REAL QUICK? JUST REAL QUICK. LET'S SEE HERE. SO ESSENTIALLY, ANYONE WHO'S IN THE OIL AND GAS FACILITIES, INDUSTRY OR BUSINESS, THEY COULD HAVE AN OFFICE, THEY COULD HAVE A HELICOPTER PAD, THEY COULD HAVE A WAREHOUSE. BUT IF THERE WAS WERE TO BE PASSED, THEY COULD NOT HAVE AN OFFICE, A HELICOPTER PAD OR WAREHOUSE. IS THAT CORRECT? MR. LARDY THAT WOULD BE CORRECT. AND MR. O'DONNELL, IF YOU COULD, COULD MAYBE CLARIFY THE CURRENT USE OF THE PHRASE HELICOPTER PADS THAT'S IN THE EXISTING DEFINITION OF OIL AND GAS INFRASTRUCTURE, CORRECT? THAT IS CORRECT. SO THIS IS TAKING THAT EXISTING DEFINITION AND INFERRING IT AND CHANGING IT. I THINK I AM NOT AN OIL AND GAS EXPERT. I'VE SEEN SHOWS AND THINGS ABOUT IT. I DO THINK THERE IS SOME USE OF HELICOPTERS TO SERVICE OFFSHORE RIGS SHOULD THEY BE OFF THE COAST. SO I THINK THIS IS IN RESPONSE TO THAT? OKAY. ANY FURTHER QUESTIONS OF STAFF? DISCUSSION AMONG COMMISSIONERS. ANY FURTHER COMMUNICATION DISCUSSION. OKAY. I'LL SAY MY OPINION IN MY OPINION. FOSTER. SORRY. IN MY OPINION, I THINK THIS IS A VAST WASTE OF TIME OF CITY RESOURCES, IN MY OPINION. I THINK THAT THE STATE LAW, SB 1137 ALREADY ACCOMPLISHES WHAT EVERYONE WANTS TO ACCOMPLISH HERE. AND SO I JUST DON'T REALLY SEE THE POINT OF GOING DOWN THIS ROAD. AND THEN ONCE YOU GO DOWN THIS ROAD, IF I'M CORRECT, THIS IS GOING TO GO TO CITY COUNCIL, THEN IT'S GOING TO GO TO COASTAL COMMISSION. IS THAT CORRECT? SO IT'S THE THE AMOUNT OF, IN MY OPINION, THE AMOUNT OF HOURS AND TIME THAT'S BEING WASTED BY CITY STAFF IN THIS PURSUIT. JUST I DON'T SEE THE POINT. IF THIS IS ALREADY BANNED ANYWAY BY THE STATE IN OUR CITY OF CARLSBAD. SO I KIND OF FEEL LIKE THIS WHOLE EXERCISE IS JUST A WASTE OF TIME, IN MY OPINION. THAT'S JUST MY THOUGHTS. ANY FURTHER DISCUSSION ON BEHALF OF THE COMMISSIONERS COMMISSIONER. BURROWS. SO I BELIEVE IN THAT JUNE 23RD, 2026 MEETING WHEN THE CITY COUNCIL DIRECTED THE MANAGER, PREPARE AN AMENDMENT AND LOOK INTO THE ISSUE, IT WAS TO BRING CITY CODE IN LINE WITH THE REALITY OF WHAT STATE LAW IS RIGHT NOW. AND SO IT SOUNDS LIKE THAT'S WHAT WE'RE DOING RIGHT NOW. AND I APPRECIATE PAGE VECINO FOR SPEAKING AS WELL. THANK YOU. SO IN THAT SENSE, IF THAT'S GOING TO UPDATE OUR CITY CODE TO BETTER REFLECT WHAT SHOULD BE IN THERE RIGHT NOW AND WHERE STATE LAW IS AND THE REALITY OF DRILLING FOR OIL AND GAS CITY OPERATIONS. I'M IN FAVOR OF SUPPORTING IT AND JUST IMPROVING THE LOT OF WHERE IT SHOULD BE. ANY FURTHER DISCUSSION? MAY I HAVE A MOTION? COMMISSIONER. BURROWS. ARE YOU MAKING A MOTION? YES. OKAY. YOU MAKE A MOTION. MOTION TO APPROVE PROJECT AS RECOMMENDED BY STAFF. THANK YOU. MAY I HAVE A SECOND? COMMISSIONER. HUBINGER MAKES A SECOND. PLEASE VOTE. WE HAVE THREE. YES AND ONE NO. BY COMMISSIONER FOSTER. THANK YOU VERY MUCH FOR COMING IN AND SPEAKING WITH US THIS EVENING. SO JUST FOR THE RECORD THAT THIS IS A RESOLUTION TO RECOMMEND APPROVAL. IT IS AN ITEM THAT WOULD NEED FOUR VOTES TO PASS. SO THIS ACTION IS A FAIL TO RECOMMEND TO THE CITY COUNCIL FOR APPROVAL OF THIS ITEM. HOWEVER, CITY COUNCIL IS THE FINAL DECISION MAKER. WE CAN DESCRIBE THAT. THERE WERE FOUR COMMISSIONERS IN ATTENDANCE TONIGHT, AND WE WOULD MOVE IT FORWARD TO CITY COUNCIL WITH THIS RECOMMENDATION. THANK YOU. MR. LARDY. OKAY. COMMISSIONER. BURROWS. [2. FAIRFIELD APARTMENTS AT BRESSI RANCH - SDP 2024-0009 (DEV2022-0186) ] BEFORE WE START WITH THE PUBLIC HEARING ON ITEM NUMBER TWO, DO YOU HAVE A STATEMENT TO MAKE? SO FOR ITEM NUMBER TWO, DUE TO THE PROXIMITY OF THE PROJECT TO THE LOCATION OF MY EMPLOYER, I'M GOING TO BE RECUSING MYSELF FROM THIS PROJECT. THANK YOU. THEREFORE, IF WE COULD, ALTHOUGH I SEE WHERE THIS IS GOING, BECAUSE THERE IS A RECUSAL. [00:25:05] TYPICALLY THE COMMISSIONER WOULD STEP OFF THE DAIS AND GO INTO ANOTHER ROOM SO AS TO PRESERVE THE DUE PROCESS OF THE PROCEEDING. COMMISSIONER BURROWS. LET THE RECORD SHOW COMMISSIONER BURROWS HAS LEFT THE ROOM. OKAY. GIVEN THAT WE HAVE THREE COMMISSIONERS THIS EVENING, IN THIS REGARD TO ITEM NUMBER 2, THAT WE ARE IN LACK OF A QUORUM. THAT BEING THE CASE, I'M GOING TO GO AHEAD AND REFER THIS MATTER AND DEFER TO THE NEXT MEETING OF OCTOBER 7TH. SO WITH THAT IN MIND, WE WILL GO AHEAD AND NOT OPEN THE PUBLIC HEARING ON ITEM NUMBER 2. WE'LL DEFER IT TO OCTOBER 7TH. ANYTHING FURTHER, MR. ATTORNEY? OKAY. NO. CAN WE HAVE MR. BURROWS RETURN? ARE WE OKAY? ON A SEPARATE SUBJECT? WE'RE STILL IN THE MIDDLE OF A MEETING. OKAY. GO AHEAD THEN. OKAY. WITH THAT IN MIND, WE'RE GOING TO GO AHEAD AND PROCEED ON WITH THE COMMISSIONERS AND STAFF REPORT. COMMISSIONER HUBINGER. I JUST HAVE A QUESTION THEN. SO THIS BOUNCES TO THE NEXT MEETING ON OCTOBER 7TH? THAT IS CORRECT. AND WE HAVE A PLANNED MEETING ON OCTOBER 7TH? WE DO. OKAY. THAT'S WHAT I WAS ASKING. ANY COMMISSIONERS HAVE ANY REPORTS ON REQUEST FOR [COMMISSION MEMBER COMMENTARY AND REQUESTS FOR CONSIDERATION OF MATTERS] CONSIDERATION OF MATTERS BY EACH AND EVERY ONE OF THE COMMISSIONERS? NOTHING TO REPORT? MR. LARDY, DO YOU HAVE SOMETHING TO REPORT? YES. WITH THE CONTINUANCE OF THIS ITEM. AND WE ALREADY HAD SEVERAL OTHER ITEMS, SO WE DO HAVE ITEMS ON OCTOBER 7TH. ONE OF THOSE IS THE 2026 ZONE CODE CLEANUP. AND THEN WE HAVE A COUPLE OTHER PROJECTS. WE DO ALSO HAVE AGENDA ITEMS FOR OCTOBER 21ST. SO WE WILL BE HAVING BOTH OCTOBER MEETINGS. IF THERE'S ANY CHANGES TO ANYONE'S ATTENDANCE, PLEASE LET US KNOW AS SOON AS POSSIBLE. WE ARE STILL WORKING ON THE NOVEMBER AND DECEMBER SCHEDULE FOR MEETINGS, SO WE'LL BE LOOKING TO CONSOLIDATE AT LEAST PROBABLY 1 OR 2 OF THOSE 4, DEPENDING ON PROJECTS THAT WE HAVE MOVING FORWARD. THERE HAS BEEN A LEGAL AD FOR THE RINCON ROOSEVELT PROJECT THAT'S POSTING THIS WEEK THAT IS SCHEDULED FOR CITY COUNCIL ON SEPTEMBER 29TH. WE ALSO WILL BE SENDING TO THE PLANNING COMMISSION LIKELY WITHIN THE NEXT FEW WEEKS, THE DRAFT TRIBAL, CULTURAL AND PALEONTOLOGICAL GUIDELINES. THOSE HAVE BEEN PUT OUT FOR PUBLIC REVIEW ALREADY. WE'RE REVIEWING THE PUBLIC COMMENTS THAT WE'VE RECEIVED, BUT THOSE WILL BE COMING TO A PUBLIC HEARING SOMETIME IN THE NEAR FUTURE. AND SO WE'LL BE GETTING AN EMAIL THROUGH CYNTHIA ON THOSE DOCUMENTS. IF ANYONE WANTS TO SEE THOSE THAT ARE CURRENTLY AVAILABLE, LET US KNOW. WE CAN SEND YOU THE LINK THAT'S ONLINE. THANK YOU, MR. LARDY. CITY ATTORNEY? NOTHING. THANK YOU. THANK YOU. WITH THAT, CITY OF CARLSBAD PLANNING COMMISSION STANDS ADJOURNED AT 5:29 P.M. * This transcript was compiled from uncorrected Closed Captioning.