Meeting Date: Sept. 24, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Goff, Senior Planner
[email protected], 442-339-2643
Subject: Carlsbad Village Drive Mixed-Use Project bounded by Carlsbad Village Drive to the north, Interstate 5 Freeway to the east and Oak Avenue to the south (SDP 2023-0014)
District: 1
Recommended
Action
1. Hold a public hearing; and
2. Adopt a resolution approving a site development plan to demolish five existing commercial structures and consolidate four parcels of land into two parcels and construct a mixed-use development consisting of 13,800 square feet of neighborhood-serving commercial space within two one-story buildings, 218 multiple-family residential apartment units within two five-story buildings and a five-story above grade parking structure on a 4.12-acre property located at 945-1065 Carlsbad Village Drive in the northwest quadrant of the city, the Village & Barrio Master Plan area, and Local Facilities Management Zone 1 (Exhibit 1).
Executive Summary
The City Council is being asked to approve a site development plan that proposes to replace the existing Smart & Final shopping center near the southeast corner of Carlsbad Village Drive and Harding Street with a mixed-use development consisting of 13,800 square feet of commercial space, 218 multiple-family residential apartment units within two five-story buildings and a five- story above grade parking structure.
The developer is seeking a 50% increase in the density of the project (number of units on the site) over the city’s maximum density allowed on this site, which is allowed under state density bonus law, as detailed below.
Applying this state law allowance, the developer proposes a project with a density of 53 dwelling units per acre, compared to the city’s maximum density for this site, 35 dwelling units per acre.
In return, at least 15% of the proposed units – 27 of the 218 – will be affordable to very low- income households. This satisfies the requirements of both state density bonus law and the city’s Inclusionary Housing Ordinance. As part of the state density bonus application, the applicant is seeking five waivers from certain city development standards to accommodate the density increase.
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For the reasons explained below, including recent state housing laws that preempt certain city discretionary authorities, city staff have concluded that all required findings can be made to approve this request and are recommending approval of the project, consistent with local and state laws. The Planning Commission has also recommended the City Council approve the site development plan for the project.
This item is being brought before the City Council because the property is subject to the Village & Barrio Master Plan, which requires City Council review and approval of any proposed structures over 5,000 square feet, or projects with more than four dwelling units.
Explanation & Analysis
Project description
The 4.12-acre site consists of four legal
parcels, bounded by Carlsbad Village Drive to
the north, Oak Avenue to the south,
Interstate-5 to the east, and the Hope Avenue
Alley to the west. The project site does not
include the adjacent convenience store with
gas station, which is just northeast of the site.
The properties are currently developed with
an existing retail shopping center consisting of
five buildings with a total of 58,735 square
feet.
The proposed mixed-use development
consists of:
• 13,800 square feet of neighborhood-serving commercial space in two stand-alone one- story buildings. One building is to be 8,000 square feet and the other 5,800 square feet. • 218 multiple-family residential apartment units in two stand-alone five-story buildings, with a bridge connecting the fourth levels.
• 340 parking spaces, with 289 spaces in an above grade, five-level parking garage and the remaining 51 spaces in surface parking.
The project proposes the demolition of the existing retail shopping center, which includes a grocery store, hardware store and other smaller retail/commercial establishments.
A complete summary of the proposed development and the zoning and master plan requirements for the project can be found in the Planning Commission staff report provided as Exhibit 3.
California Density Bonus Law
Definition
State density bonus law (California Government Code Section 65915) gives a developer the legal right to increase the total number of homes allowed on a property above a city’s maximum limits by as much as 100% in exchange for making some of those units affordable to lower-income families. The law also allows developers to reduce or exceed city established development Sept. 24, 2024
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standards such as building setback requirements and building height limitations when those standards prevent them from achieving the increased density allowed under state density bonus law.
Application
Under the city’s General Plan, the designation for this site is Freeway-Commercial, which allows residential use at a density of 35 dwelling units per acre. That allows for a maximum of 145 dwelling units on this 4.12-acre property. To construct 218 units, the applicant is applying a 50% density bonus, which allows an additional 73 units. To achieve this 50% density bonus, the developer is required under state law to designate at least 15% of the 145 base density units, or 22 units, as affordable to very low-income households1 for a period of 55 years. The applicant is including five additional very low-income units, for a total of 27 affordable units, to satisfy the city’s Inclusionary Housing Ordinance requirements, as discussed further below.
In addition to an increase in overall project density, state law also allows developers to waive, reduce or exceed city development standards when such standards prevent the applicant from achieving the maximum density allowed under state law. The applicant is requesting waivers to five development standards in the Village & Barrio Master Plan:
• Increase maximum building height from 45 feet and 4 stories to 65 feet and five stories (Supplemental District Standard 2.7.4(G)(1)).
• Increase the limitation of architectural features located within 10 feet of a building face from a cumulative 30% maximum to allow 100% of all architectural features to be located within 10 feet of the façade. (Area-Wide Standard 2.6.2(C)(4)(c)). • Increase maximum building height limit of roof structures (specifically, the elevator and stairway housing) from 10 feet to 14 feet (Area-Wide Standard 2.6.2(C)(4)(b)). • Waive the limitation requiring the total square footage of enclosed fourth floor space not to exceed 80% of the largest floor space below, which will allow the fourth floor to be the same size of the third floor in order to accommodate the fifth story (Supplemental District Standard 2.7.4(G)(2)(b)).
• Waive the requirement that access be taken from an alley (as opposed to Carlsbad Village Drive) and limit driveway apron to 20 feet, which will allow the project to retain certain existing driveways that access Carlsbad Village Drive and Oak Avenue (Area-Wide Standard 2.6.1(A)(3)).
1 The U.S. Department of Housing & Urban Development defines a very low-income household family as one whose income does not exceed 50% of the average area median income for the region. In 2024, HUD reported that the average area median income for the San Diego County region is $119,500, so a very low-income family of four makes no more than $75,750 annually.
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Carlsbad Inclusionary Housing Ordinance
Definition
To help address the ongoing need for affordable housing, the city adopted an Inclusionary Housing Ordinance (Carlsbad Municipal Code Section 21.85), which established the legal basis for requiring affordable (or inclusionary) housing units in new residential development in the city.
The law, which applies to all proposed development projects that include residential units, requires that at least 15% of the units within a project be affordable to lower-income households.
The ordinance allows the City Council to authorize “alternative means of compliance” when it’s found
that the alternative meets the intent of the ordinance and the goals and policies of the city’s 2021-2029 Housing Element, the element of the city’s General Plan focused on housing.
Council Policy No. 57 (Policy 57) lists the alternatives that have been found to meet the intent of the city’s Inclusionary Housing Ordinance and help address its affordable housing needs. Refer to Planning Commission Staff Report (Exhibit 3, pages 72-84) for more information.
Application
To meet i
nclusionary housing requirements, most developers designate 15% of their total units as affordable to low-income households2. However, to incentivize and encourage the development of affordable housing to even lower-income families, a housing type needed in the city, Policy 57 allows the applicant to reduce the inclusionary percentage requirement from 15% to 12.5%, if all of the following conditions are met:
• All affordable units are restricted to very low or extremely low-income households, or a combination of those income levels
• The units are located on the same site as the market-rate units • No financial assistance or other subsidy is required from the city For this project, the applicant is proposing to satisfy the affordable housing requirements by restricting 12.5% of the 218 proposed units, or 27 units, as affordable to very low-income households. The inclusionary units will be located on the same site and comprise the same mix of unit sizes as the market-rate units, and no financial assistance from the city is being provided.
Under state law, any affordability requirements under state density bonus law are also a pplied to any local affordability requirements. In other words, the 22 very low-income units required under state density bonus law apply towards the city’s inclusionary requirement for 27 very low- income units. (The Planning Commission staff report – Exhibit 3, pages. 7-8 – provides the detailed calculation of compliance with affordable housing requirements and density bonus waivers.)
State housing laws and limit s to local control
Overview
Over the past decade, the California Legislature has amended state law to expand and strengthen measures intended to create more affordable housing, in recognition of the critically 2 Pursuant to HUD, the income of a low-income household family does not exceed 80% of the region AMI. As such, a low-income family of four makes no more than $121,250 annually.
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low volumes of housing stock across the state and the belief that local jurisdictions are not doing enough to address the need for more affordable housing.
In response, most bills passed by state legislators have made it easier and faster for housing projects to be approved while limiting a local government’s ability to deny, reduce the density of, or make infeasible those housing projects. Below are specific housing laws that are being applied to the proposed development project and worth highlighting.
State Density Bonus Law
Under state law, projects that restrict a percentage of units as affordable are entitled to a density increase above a city’s maximums. Local jurisdictions cannot deny or limit the density increase, nor can the city require that the applicant amend its General Plan to reflect the increase in housing units. This is a developer right under state law.
Further, density bonus allows applicants as many waivers as they deem necessary to achieve the increased density they are entitled to under state law. The state law does give local cities the ability to deny waivers, but the findings are, by design, extremely difficult to make. • To deny a waiver, the city must identify a specific adverse impact on public health and safety and conclude that there is no feasible method to satisfactorily mitigate or avoid the impact.
• An adverse impact means a significant, quantifiable, direct and unavoidable impact based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application was deemed complete.
This is a high bar to overcome, and cities have previously tried to challenge such waivers, only to be denied in court. For example, in 2022, the state Court of Appeal ruled in the case of Bankers Hill 150 v. City of San Diego that the developers of density bonus projects are entitled to waive development standards that would prevent the project from being built as designed – even if the project could be redesigned to comply with the relevant standards. In other words, the courts have held that a city cannot redesign a qualifying density bonus project on the theory that, if the project were configured differently, it would not need the requested waivers.
State Housing Accountability Act
The Housing Accountability Act, Government Code Section, 65589.5 is a state law that limits a local government’s decision-making authority over certain housing development projects. The legislature first enacted the act in 1982, but over the years has amended the law and it now involves a multitude of interconnected and overlapping Government Code sections. Many of the most significant amendments were added in the past seven years.
Most notably, the Housing Accountability Act states that when a proposed housing development project complies with the applicable general plan, zoning, subdivision standards, and objective design criteria that were in effect at the time that the application was deemed complete, cities cannot disapprove the project or impose a condition requiring lower density unless the city finds, based on a preponderance of evidence, that:
• The project would have a specific, adverse impact on public health and safety, unless disapproved or approved at a lower density; and
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• There is no feasible method to satisfactorily mitigate or avoid the adverse impact.
A “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. For the proposed application, city staff found no “specific, adverse impact” that could not be mitigated or adequately addressed.
State Housing Crisis Act
The Housing Crisis Act of 2019, commonly referred to as Senate Bill 330, amended the Housing Accountability Act, with several pro-housing provisions that further limited a city’s ability to deny an application for housing project that meets established development requirements.
SB 330 also placed limits on permit processing. The law:
• Established vesting rights that limit the city to only apply those codes, requirements and fees that were in place at the time the application is filed • Shortened timelines to review applications
• Limits the number of public meetings to five, which includes any required community meetings.
• Requires that any new requirement established must be objective, meaning clear and measurable, or provides specific direction for how to apply requirements, criteria or standards.
• Prohibits a city from “downzoning” properties, that is, reducing residential density,
through land use designations or other development standards unless a city concurrently “upzones” another location to ensure there is no net loss in residential capacity. • Prohibits a city from imposing housing caps or moratoriums on housing developments California Environmental Quality Act
The California Environmental Quality Act requires agencies to be aware of the environmental effects of their proposed actions, to give the public an opportunity to comment on environmental issues, and to avoid or reduce significant environmental impacts when it’s feasible to do so.
The CEQA Guidelines (California Code of Regulations Title 14, Division 6, Chapter 3) establish certain project types as being exempt from CEQA. One of those exemptions, set forth in CEQA Guidelines Section 15332 and called a Class 32 Exemption, is for “In-Fill Development.” This exemption applies to projects that meet the following criteria:
• Project site is no larger than five acres in size and substantially surrounded by urban uses • The site has no value as habitat for rare, endangered or threatened species • Project is consistent with the city’s General Plan and zoning regulations for the property • The site can be adequately served by all required utilities and public services
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• Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality
State Assembly Bill 1633, effective January 2024, expanded the definition of “disapproving a housing development project” for purposes of the Housing Accountability Act to include a local agency’s failure to complete the CEQA review and issue an in-fill development exemption for projects that met referenced criteria.
The City Planner, as required by the city’s Zoning Ordinance (Carlsbad Municipal Code Title 19), and consistent with the Housing Accountability Act, completed a review of the project and potential environmental impacts associated with the project in accordance with CEQA. Through this review, the City Planner was required by Carlsbad Municipal Code Section 19.04.060 to make a determination consistent with the Housing Accountability Act.
The City Planner determined that the project qualified for an exemption from CEQA under CEQA Guidelines Section 15332 – In-Fill Development.
The requirement for the City Planner to make final decisions on CEQA exemptions has been established in the Carlsbad Municipal Code since early 2000.
Planning Commission
The Planning Commission considered the project over the course of three public hearings. • The first was held on June 5, 2024, which was continued to June 19, 2024, at the request of the applicant due to a Planning Commissioner absence and a Planning Commissioner vacancy.
• The second public hearing was held on June 19, 2024, and was continued again by the Planning Commission to July 17, 2024, at the request of community members in order to allow more time to review the proposed project.
• The third public hearing was held on July 17, 2024, and the Planning Commission took public testimony and considered the proposed project.
A total of four speakers spoke in favor of the project, while 39 spoke in opposition. After questions and discussion, the Planning Commission voted 5-2 to recommend approval of the project to the City Council. The following is a summary of major issues of concern raised at the Planning Commission, and staff’s response.
Public outreach
Multiple concerns were raised by community members, in verbal and written testimony, about what they said was a lack of public outreach and comment during the processing of the application.
City Council Policy No. 84 (Exhibit 8) provides the framework for project applicants to identify potentially interested and affected members of the public, provide additional opportunities for input, and report public input and how it was considered by city staff, stakeholders and city decision makers during the public hearing process. City Council Policy No. 84 also does not mandate that an applicant hold a public meeting to inform and solicit public input. Rather, public meetings are listed as one of several public engagement methods available to an applicant under Sept. 24, 2024
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the policy. For this project, the applicant applied the following public engagement methods, consistent with city policy:
Early public notice
A notice was mailed on June 15, 2023, to property owners within 600 feet of the project site, where a total of 132 property owners were provided notice. Additionally, a two-foot-tall by three-foot-wide “Notice of Project Application Sign” was posted at the project site on June 15, 2023, facing Carlsbad Village Drive. The sign was yellow in color so that it would stand out and be noticed by passersby traffic.
Enhanced stakeholder outreach
Because of the size of the project, additional public outreach was required under Policy 84.
Consistent with the policy, the applicant chose to develop and host a project website (www.carlsbadvillagemixeduse.com), which was activated on June 15, 2023, and advertised via the early public notice mailed out on the same day. A total of seven comments were received at the time the stakeholder outreach report was submitted to the city, on Aug. 10, 2023. The report details how outreach was conducted, and who was invited, provides a summary of issues discussed, developer commitments made and the follow-up action taken, if any. Results of the applicant’s public outreach met the legal requirements of the city, as covered in Exhibit 6.
(A February 2024 internal email between members of the Planning Division staff was referenced in public correspondence and during a community member presentation to the Planning Commission, where staff suggested that inadequate public outreach had been performed. To clarify the record: The email in question was sent before staff had reviewed the formal submittal of the applicant’s stakeholder outreach report.)
Loss of existing commercial businesses
Commenters also raised concerns about the loss of longstanding commercial businesses, only to be replaced with more residential development.
The zoning for the subject property (Freeway Commercial District) was approved by the City Council in 2018 and intended to consist of traveler services normally associated with urban freeway interchanges. Uses allowed under this zone include lodging, restaurants, retail and gas stations. Residential units are also allowed in this district.
The Freeway Commercial District provides for a maximum residential density of 35 dwelling units per acre (state density bonus law not withstanding) and sets no limit on the total amount of commercial space for this site. The proposed development project is consistent with the residential use and density for the property as adopted in 2018.
Increased traffic
Concerns about traffic were raised in several forms by members of the public.
Before addressing the public comments that were raised at the Planning Commission hearing, it is important to clarify certain terms. Traffic can be measured in two different ways; level of service, a measure of traffic volume and delay; and vehicle miles travelled. Measuring level of service is the method used in many land use planning documents (i.e., the city’s General Plan) and in environmental studies that were conducted before 2020, when the state changed the Sept. 24, 2024
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CEQA standards for studying transportation impacts to the current method, measuring vehicle miles traveled.
The City Planner’s determination that the project was exempt from CEQA exemption was final, for the reasons explained in the California Environmental Quality Act section above and in the Environmental Review section below, so it was not subject to consideration by the Planning Commission (or City Council). However, to provide additional background to the Planning Commission, and additional clarification to the City Council, staff provided the commission with information on the project’s potential transportation impacts that were part of the environmental review.
Vehicle miles travelled
In keeping with the guidelines on vehicle miles travelled issued by the Governor’s Office of Planning and Research, development projects located within a ½ mile radius of a major public transit stop (such as the Carlsbad Village Station) are automatically considered not to have an impact on vehicle miles travelled under the California Environmental Quality Act.
Public comments were made before and during the hearing suggesting that the measurement should be taken based on the “path of travel,” in other words, the route a pedestrian would take, which is typically not in a straight line. According to the Office of Planning and Research, the measurement is to be taken in a straight line. (Exhibit 9 provides a screen capture of the relevant training slide.) Similarly, the California Department of Housing and Community Development also expressed in a technical letter (Exhibit 10) dated Nov. 17, 2023, that the measurement is not based on walking distance but is instead measured in a straight line, "as the crow flies."
Level of service
Level of service measures traffic volumes compared to assumed capacity and gives roadways a letter grade based on vehicular delay. This method has been used in transportation planning based on general planning assumptions and modeling for decades. The primary measure for transportation for level of service is daily traffic volumes assumed by the types of land uses. In all of these models, a commercial land use will have more trips assumed than a residential one, because the commercial use will have more customers going to and from the location.
Based on this standard traffic methodology, the existing operations at the site are estimated to generate 7,044 trips, while the proposed development is expected to generate only 2,242 trips, resulting in a reduction of 4,802 trips.
The Mobility Element, the element of the city’s General Plan focused on transportation, establishes the level-of-service standards for Carlsbad’s roadways. Carlsbad Village Drive in this area is designated as an “identity street,” which means it is not subject to vehicle level of service standards.
3 3 The primary streets that are subject to the level of service standard are arterial streets, such as El Camino Real and Cannon Road, and industrial streets, such as Camino Vida Roble. The city’s Growth Management Program uses the same standard as the General Plan.
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Safety
Many commentors expressed concerns about traffic safety. However, vehicular, pedestrian and bike safety are anticipated to be enhanced because of the project. That’s because along with the reduced traffic from the site, the project will have fewer access points for vehicles than it has now, with just one driveway, not two along Carlsbad Village Drive. This will reduce potential conflicts with street traffic, pedestrians and bicyclists.
The projects will also widen portion of the alley to improve fire access.
Project scale, design and neighborhood character
Many comments addressed the design of the project, namely the height of the residential buildings and parking garage, which will reach up to five stories. As noted above, the Housing Accountability Act and the Housing Crisis Act (SB 330) limit the city’s review to established objective design standards, not subjective standards open to interpretation.4 Furthermore, the state density bonus law allows applicants to modify such objective design standards when those standards prevent the project from achieving the density it is allowed.
Concerns the commercial use will not be developed as proposed Two issues were raised during the Planning Commission hearing regarding the proposed commercial use:
1) That the commercial building, which will be located on a separate parcel from the residential development, could be sold and never developed. 2) And once the property is sold, a developer could abandon the commercial use and propose more housing on the site.
Regarding the first concern, the developer has chosen to modify the project to consolidate it into two lots that separates the uses. The Village & Barrio Master Plan allows for either an entirely residential project, or an entirely commercial one. Even if the project were consolidated into one lot, there is no requirement that a developer construct the commercial component at the same time as the residential development. There also are no requirements or adopted city standards to keep this, or any other, private commercial development open.
Regarding the second concern, while there will be two separate legal parcels, this is still considered one development project. Any deviation or change from what is permitted and authorized under this permit application, including the commercial use, will require city review and approval by the City Council.
The developer plans to use all of the density allocated in the Village & Barrio Master Plan, a maximum of 35 dwelling units per acre within the Freeway Commercial District, resulting in 145 units for the 4.12-acre site, before applying the density bonus. No future project could include any more dwelling units on this site unless the site development plan or Village & Barrio Master Plan is amended. The permits, if approved, will be associated with any future parcels that are created and recorded on the property’s title.
4 Objective standards provide clear, measurable and specific direction for how to apply development criteria. They should be so clear that everyone will interpret them the same way. In contrast, subjective standards (or guidelines) are vague, unmeasurable and include language that may mean different things to different people.
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Community Engagement
A public notice of this meeting, as well as for the Planning Commission hearing, was mailed to property owners within 600 feet of the project site and posted consistent with the requirements of the Ralph M. Brown Act, which resulted in 132 property owners being notified, including 32 other members of the public who had been in contact with staff and requested to be notified.
Public hearing notices were also posted in The San Diego Union-Tribune and on the website for the Office of the City Clerk 10 days prior to the meeting.
The developer completed both the early public notice procedures and the enhanced stakeholder outreach program required pursuant to City Council Policy No. 84 - Development Project Public Involvement Policy.
For the enhanced stakeholder outreach, the applicant elected to create a project website. The early public notice was mailed to 132 property owners on June 15, 2023, and included a URL to the project’s website (carlsbadvillagemixeduse.com) for those interested in learning more about the project and/or providing feedback. The project website provided a project overview and included information about the project design, community benefits, conceptual project images, and a fillable form to provide feedback.
In summary, the applicant’s stakeholder outreach report is included as Exhibit 6, with seven public comment letters included. All comment letters received during the processing of this project have been compiled and are included in Exhibit 7. Some comments are duplicated from the Planning Commission staff report, but they are included separately to make sure a complete record of comments, including those received between the continued hearings, are accessible in one place. Any comments received after the publishing of this report will be posted by the City Clerk and distributed to the City Council.
Fiscal Analysis
There is no direct fiscal impact associated with the proposed project.
Options
The City Council can approve or deny the project. The City Council should be aware that under the state’s Housing Accountability Act, a project cannot be denied, and the density cannot be reduced, unless the project is found to have a specific adverse impact on public health or safety and there is no feasible method to mitigate or avoid the adverse impact.
Under these laws, a Housing Development Project is limited to five total hearings for consideration. This City Council hearing is the fourth of the five allowed hearings. The City Council would need to cite specific findings as to its reasons for a denial and must comply with the terms of the state’s Housing Accountability Act.
Next Steps
If the City Council approves the project, the next steps for development of the site would be completion of a ministerial parcel map to consolidate the four parcels into two parcels, and ministerial grading and building plans prior to authorization of work.5 The specific schedule would be determined by the applicant. Grading permits typically take between six and twelve months to process before any work could begin. If approved, the site development plan will 5 Ministerial permits (or actions) are those that allow for little or no subjective judgment by public officials. Such permits must be approved by staff if the project complies with objective requirements.
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expire in two years unless construction commences and could be extended for up to six additional years.
Environmental Evaluat ion
The California Environmental Quality Act (CEQA), and its implementing regulations, the CEQA Guidelines adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. The City Planner, through the process outlined in CMC Section 19.04.060, completed a review of the project and potential environmental impacts associated with the project in accordance with CEQA and determined that the project qualified for an exemption pursuant to CEQA Guidelines Section 15332 – In-Fill Development. CEQA Guidelines Section 15332 is a Class 32 exemption for projects under five acres, located within urbanized areas, and consistent with the General Plan and the zoning regulations for the site.
This notice was posted on Feb. 29, 2024, for a period of 10 days. No appeals from the public were filed and no letters were received from the public on the CEQA determination. Therefore, the determination that the project is exempt from CEQA Guidelines Section 15332 – In-Fill Development, is final and is not subject to consideration by the public or the Planning Commission.
Exhibits
1. City Council resolution
2. Location Map
3. July 17, 2024, Planning Commission hearing staff report, (on file in the Office of the City Clerk)
4. Minutes of Jul y 17, 2024, Planning Commission hearing, (on file in the Office of the City Clerk)
5. Planning Commission Resolution No. 7517, (on file in the Office of the City Clerk)
6. Applicant’s stakeholder outreach report
7. Correspondence Received from June 27, 2023 to Noon, Sept. 18, 2024
8. City Council Policy No. 84
9. Governor’s Office of Planning and Research: Implementing SB 743 training, April 20, 2020.
Screen Capture dated Aug. 27, 2024.
10. California Department of Housing & Community Development letter to City of San Clemente, Nov. 17, 2023
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RESOLUTION NO. 2024-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO DEMOLISH FIVE
EXISTING COMMERCIAL STRUCTURES AND CONSOLIDATE FOUR PARCELS OF LAND INTO TWO PARCELS; AND CONSTRUCT A MIXED-USE
DEVELOPMENT CONSISTING OF 13,800 SQUARE FEET OF NEIGHBORHOOD SERVING COMMERCIAL SPACE WITHIN TWO ONE-STORY BUILDINGS, 218 MULTIPLE-FAMILY RESIDENTIAL APARTMENT UNITS WITHIN TWO FIVE
STORY BUILDINGS AND A FIVE-STORY ABOVE GRADE PARKING STRUCTURE ON A 4.12-ACRE PROPERTY LOCATED AT 945-1065 CARLSBAD VILLAGE
DRIVE IN THE NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER PLAN AREA, AND LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CARLSBAD VILLAGE MIXED USE
CASE NO.: SOP 2023-0014 (DEV2023-0078)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 17, 2024, hold a duly noticed public hearing as prescribed by law to consider Site Development Plan, SOP 2023-0014, as referenced in Planning Commission adopted Resolution No. 7517 recommending to the City Council that it be approved ; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said site development plan ; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard , the City Council considered all factors relating to the site development plan .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Site Development Plan, SOP 2023 -0014, is adopted and approved, and that the findings and conditions of the Planning Commission contained in the Planning Commission adopted Resolution No. 7517 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council except Condition 12 which is hereby deleted and replaced with the following :
a. Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed . Said notice is to be filed in the office of the County Exhibit 1
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Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in intere st that the City of Carlsbad has issued a Site Development Plan on the property . Said Notice of Restriction shall note the property description , location of the file containing complete project detail s and all conditions of approval as well as any condition s or restriction s specified for inclusion in the Notice of Restriction . The City Planner has the authority to execute and record an amendment to the notic e which modifi es or terminate s said notice upon a showing of good cause by the Developer or successor in inter est. Nothing in this condition provide s authority to the City Planner to authorize uses or densitie s not allowed by the Site Development Plan. Changes to the proj ect are limited to the standard s and finding s outlined by Carlsbad Municipal Code Section 21.89. Permit conditions or development inten sity can only be modified by the decision maker, the City Council.
3. In addition to the findin gs and condition s contained in the adopted Planning Commission Resolution No. 7517, as amended above, the City Council adds the following five (5} additional condition s:
72. Lots 1 and 2 were used to calculate the intensity of development under the General Plan and the Village & Barrio Master Plan (VBMP}. The proj ect i s utilizin g all the residential density assigned for the site per the General Plan and VBMP. Subsequent redevelopment or re-subdivi sion of any portion of thi s project including the commercial lots must account for the density assigned to th e residential lots of the project under the General Plan and VBMP. The forego ing shall also be shown as a note on the final parcel map.
73. All fronta ge improv ements for the project must be constructed concurrently to the residential.
74. Development of the commercial portion s of the project are required within 12- months following issuance of final occupancy permits for the residential proje ct .
75. The propo sed project will unbundle parking costs from rent , except as otherwi se prohibited by the City of Carlsbad's affordable housing agreement or applicable fair housing laws.
Sept. 24, 2024
Item #7 Page 14 of 730
76. The proposed project will provide a one-time payment of $50,000 in transit subsidies for future tenants .
4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure , Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however , if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record , the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of September, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, LUNA.
BURKHOLDER.
NONE.
NONE.
l
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Sept. 24, 2024
Item #7 Page 15 of 730
OAK AV
HARDING ST
HOPE AV ALLEY
CARLSBAD VILLAGE DR
PIO
PICO
DR
I-5 CVD SB ON RAMP
I-5 CVD NB OFF RAMP
JEFFERSON ST ALLEY
EL C
AMINO REAL
LA COSTA AV
ALGA RD
CARLSBAD BL
SDP 2023-0014
Carlsbad Village Mixed Use
SITE MAP
J
SITE
Map generated on: 1/31/2024
Exhibit 2
Sept. 24, 2024
Item #7 Page 16 of 730
Exhibit 3
July 17,
2024, Planning Commission Hearing Staff Report
(on file in the Office of the City Clerk)
Sept. 24, 2024
Item #7 Page 17 of 730
Exhibit 4
Minute
s of July 17, 2024, Planning Commission Hearing
(on file in the Office of the City Clerk)
Sept. 24, 2024
Item #7 Page 18 of 730
Exhibit 5
Plannin
g Commission Resolution No. 7517
(on file in the Office of the City Clerk)
Sept. 24, 2024
Item #7 Page 19 of 730
CARLSBAD VILLAGE MIXED USE (SDP 2023-0014)
ENHANCED STAKEHOLDER OUTREACH REPORT
August 10, 2023
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 90028
ATTN: Jason Goff
SUBJECT: Enhanced Stakeholder Outreach Report for Carlsbad Village Mixed Use – 945-1065 Carlsbad Village Drive – Project No. SDP 2023-0014
GRT Carlsbad Village, LLC conducted an Enhanced Stakeholder Outreach Program for Carlsbad Village Mixed Use (SDP 2023-0014) in accordance with Carlsbad Council Policy No. 84, Development Project Public Involvement Policy.
REQUIREMENTS
Applicants of certain types of larger development projects must conduct an Enhanced Stakeholder Outreach Program following submittal of project applications to the city, as outlined in the Guidance on Development Project Involvement (P-21) document written by the City of Carlsbad (City). The proposed project meets the following requirement as a project that must engage in Enhanced Stakeholder Outreach: Residential Development consisting of 50 or more residential lots or residential units.
The City recognizes that a one-size-fits-all approach doesn’t work for all projects and gives applicants options for how to engage stakeholders in a discussion on their projects. The Carlsbad Village Mixed Use project conducted the following outreach option provided by the City to engage the community on the project: A project website that enables the public to learn about the project and understand how to provide input.
PROJECT WEBSITE
The project entitlement application was submitted to the City on May 17, 2023 and a project website was created following the requirements in the form P-21 guidance.
In accordance with City Council Policy No. 84, a Notice of Project Application (Appendix A) was mailed to 132 property owners within 600 feet of the project site on June 15, 2023. The mailed notice included a URL to the project website (www.carlsbadvillagemixeduse.com) for those interested in learning more about the project and/or providing feedback.
The website includes information about the project, conceptual project images, and a fillable form to provide feedback (Exhibit 1). On the website landing page, there are several direct links that lead users to the feedback form (Exhibit 2).
As of August 10, 2023, seven (7) comments have been received from members of the public. These comments are included in Appendix B. The general nature of the comments focused on the project’s height.
Exhibit 6
Sept. 24, 2024
Item #7 Page 20 of 730
The project website will continue to remain active and allow stakeholders to visit and/or provide feedback throughout the approval process.
SUMMARY/CONCLUSION
While community outreach efforts for the project will continue throughout the application and approval process, the Applicant has demonstrated compliance with both Part A and Part B of City Council Policy No. 84. If you have any questions or need additional information, please do not hesitate to contact me at the contact information below.
Regards,
Jonathan Frankel – Applicant’s Representative
Atlantis Group
2488 Historic Decatur Road, Suite 220
San Diego, CA 92106
925-708-3638
Sept. 24, 2024
Item #7 Page 21 of 730
EXHIBIT 1 – PROJECT WEBSITE FEEDBACK FORM
EXHIBIT 2 – PROJECT WEBSITE LANDING PAGE
Sept. 24, 2024
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APPENDIX A
NOTICE OF PROJECT APPLICATION
Sept. 24, 2024
Item #7 Page 23 of 730
NOTICE OF PROJECT APPLICATION
GRT CARLSBAD VILLAGE LLC
June 13, 2023
SUBJECT: Notice of Project Application: SDP 2023-0014 – Carlsbad Village Mixed Use Dear Neighbors and Interested Stakeholders:
Per City Council Policy No. 84, this is to inform you that GRT CARLSBAD VILLAGE, LLC has submitted the following development application to the City of Carlsbad:
PROJECT NUMBER: SDP 2023-0014
PROJECT NAME: Carlsbad Village Mixed Use
PROJECT ADDRESS: 945-1065 Carlsbad Village Drive
ASSESSOR PARCEL NO: 203-320-53, -54, -55 and -56
DATE OF APPLICATION: May 17, 2023
PROJECT DESCRIPTION: Site Development Plan to redevelop an existing shopping center and construct a 218-unit mixed use project with 13,800 square feet of neighborhood serving retail on a
4.12-acre site. The project will include 22 very-low-income affordable units. The retail component will be contained in two one-story buildings and the residential component in two five-story buildings. The project will include approximately 350 parking spaces at-grade and in a parking structure, as well as open space and landscaped areas. See attached site plan and elevations.
APPLICANT CONTACT: Jonathan Frankel
Atlantis Group
2488 Historic Decatur Road
San Diego, CA 92106
619-796-2205
[email protected]
CITY PROJECT PLANNER: Jason Goff, Senior Planner
[email protected]
If you would like more information or would like to provide input on the project, please do not hesitate to contact me at the email address above. The project is currently under review by the City and your input is welcome. You can also provide your feedback by visiting www.carlsbadvillagemixeduse.com.
A decision to approve or deny this application will be made by the City at a future public hearing and you will be notified of the hearing in advance.
Sincerely,
Jonathan Frankel
Atlantis Group
Attachment: Site Plan and Building Elevations
Sept. 24, 2024
Item #7 Page 24 of 730
View from Carlsbad Village Drive, looking south.
View from internal drive aisle, looking east.
SITE PLAN AND BUILDING ELEVATIONS
Site Plan.
Sept. 24, 2024
Item #7 Page 25 of 730
CERTIFICATIONS
EQUALIZED ASSESSMENT INFORMATION
NOTICE OF PROJECT APPLICATION MAILING
AND SIGN POSTING
I certify ALL of the following:
The radius map and property owners list utilized for the Notice of Project Application represent the latest information from the County Assessor’s Equalized Assessment Roll.
The “Notice of Project Application” was mailed on _________________(DATE) to property owners within a 600-foot radius of the subject property, affected property/homeowner’s association(s) (if any), those notified for Part B Stakeholder Outreach if the Notices were combined, and, if in the Coastal Zone, occupants within a 100-foot radius of the subject property. A complete copy of the mailed notice (and included exhibits, if any), radius map and mailing lists are attached to this certification.
The “Notice of Project Application” sign has been posted at a conspicuous location on the site on ___________________(DATE). A photograph of the posted sign is attached.
SIGNATURE:
PRINT NAME:
PROJECT NAME:
PROJECT NUMBER:
LOCATION:
RETURN TO:
(Project Planne r)
CITY OF CARLSB
AD
PLANNING DIVISION
1635 Faraday Avenue
Carlsbad, CA 92008-7314
_____
Initial
_____
Initial
_____
Initial
Carlsbad Village Mixed Use (CVMU)
SDP 2023-0014
945-1065 Carlsbad Village Drive
Jason Goff
June 15, 2023
June 15, 2023
Jonathan Frankel
Carlsbad CA 90028
Sept. 24, 2024
Item #7 Page 26 of 730
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APN NAME ADDRESS CITY STATE ZIP
1 203-320-53 G R T CARLSBAD VILLAGE LLC 2001 WILSHIRE BLVD #420 SANTA MONICA CA 90403 1 203-320-54 G R T CARLSBAD VILLAGE LLC 2001 WILSHIRE BLVD #420 SANTA MONICA CA 90403 1 203-320-55 G R T CARLSBAD VILLAGE LLC 2001 WILSHIRE BLVD #420 SANTA MONICA CA 90403 1 203-320-56 G R T CARLSBAD VILLAGE LLC 2001 WILSHIRE BLVD #420 SANTA MONICA CA 90403 2 156-180-15 ARDIS ZANDER/SHICK FAMILY TRUST 5230 LAS VIRGENES RD #200 CALABASAS CA 91302 3 156-180-26 ARDIS ZANDER/SHICK FAMILY TRUST 5413 FAIRGREEN WAY BONSALL CA 92003 4 156-180-28 ARDIS ZANDER/SHICK FAMILY TRUST 5230 LAS VIRGENES RD #200 CALABASAS CA 91302 5 156-180-30 ARDIS ZANDER/SHICK FAMILY TRUST 5230 LAS VIRGENES RD #200 CALABASAS CA 91302 6 156-180-41 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 7 156-180-42 ANEWALT FAMILY TRUST 01-21-04 11835 SPRINGSIDE RD SAN DIEGO CA 92128 8 156-180-43 LYONS REVOCABLE FAMILY TRUST 02-04-90 7515 MIRAMAR AVE LA JOLLA CA 92037 9 156-180-44 GOLABATON L L C P O BOX 911005 SAN DIEGO CA 92191 10 156-180-45 PHOENIX RETAIL PARTNERS LLC 10721 TREENA ST #200 SAN DIEGO CA 92131 11 156-180-46 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 12 203-130-20 E S A P PORTFOLIO LLC POB 49550 PROP TAX CHARLOTTE NC 28277 13 203-130-22 A B 3 LLC 20 W 64TH ST #9V NEW YORK NY 10023 14 203-130-23 RODRIQUEZ FAMILY TRUST 1010 GRAND AVE CARLSBAD CA 92008 15 203-130-24 JACK B MILLS 3110 AZAHAR ST CARLSBAD CA 92009 16 203-130-27 AMAPOLO L L C 3117 WILDFLOWER SMT ENCINITAS CA 92024 17 203-130-34 E S A P PORTFOLIO LLC POB 49550 PROP TAX CHARLOTTE NC 28277 18 203-202-13 CHOSEN WISE PROPERTIES LLC 3144 EL CAMINO REAL #104 CARLSBAD CA 92008 19 203-202-18-01 HEKMAT FAMILY TRUST 02-24-06 17234 SILVER GUM WAY SAN DIEGO CA 92127 20 203-202-18-02 UCKER FAMILY LIVING TRUST 11-01-02 800 GRAND AVE #102 CARLSBAD CA 92008 21 203-202-18-03 HAVILUK BARBARA D REVOCABLE LIVING TRUST 11-26-84 800 GRAND AVE #103 CARLSBAD CA 92008 22 203-202-18-04 KROENER REVOCABLE TRUST 11-30-83 2516 MONTGOMERY AVE CARDIFF CA 92007 23 203-202-18-05 MICHAEL & DAWN B OBRIEN 800 GRAND AVE #105 CARLSBAD CA 92008 24 203-202-18-06 BURNETT JAMES D & KIMBERLY REVOCABLE TRUST 02-06-06 208 GIBSON PT SOLANA BEACH CA 92075 25 203-202-18-07 SAFFO DR & MRS KARL S TRUST 09-14-20 800 GRAND AVE #107 CARLSBAD CA 92008 26 203-202-18-08 BROSNAN JAMES J & PAMELA A BROSNAN TRUST 03-03-20 800 GRAND AVE #108 CARLSBAD CA 92008 27 203-202-18-09 GARCIA-ROSS FAITH M 2019 TRUST 05-20-19 800 GRAND AVE #109 CARLSBAD CA 92008 28 203-202-18-10 LOPEZ-PANAMA MIGUEL A & LOPEZ MARIVIC T 2308 MENDOTA WAY ROSEVILLE CA 95747 29 203-202-18-11 JOHNSON LISA K FAMILY TRUST 01-10-03 3306 E KACHINA DR PHOENIX AZ 85044 30 203-202-18-12 BUCKMASTER CHAD & AMANDA FAMILY TRUST 02-01-12 3119 CIRCA DE TIERRA ENCINITAS CA 92024 31 203-202-18-13 DAVID R WILLIAMS 5041 N CAMINO SUMO TUCSON AZ 85718 32 203-202-18-14 MELANIE MAURO 800 GRAND AVE #203 CARLSBAD CA 92008 33 203-202-18-15 REED CALVIN L & LINDA E REVOCABLE LIVING SURVIVORS 800 GRAND AVE #204 CARLSBAD CA 92008 Sept. 24, 2024
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34 203-202-18-16 MAKATURA FAMILY TRUST 10-25-01 2052 KIRKLAND CIR THOUSAND OAKS CA 91360 35 203-202-18-17 BERGAMASCHI RICHARD J & MARCHELE A FAMILY TRUST 800 GRAND AVE #206 CARLSBAD CA 92008 36 203-202-18-18 THUM FAMILY TRUST 07-18-12 800 GRAND AVE #207 CARLSBAD CA 92008 37 203-202-18-19 JOSEPH S & JOYCE M QUINCE 800 GRAND AVE #208 SAN DIEGO CA 92109 38 203-202-18-20 BUBB FAMILY 2012 TRUST 04-23-12 800 GRAND AVE #209 CARLSBAD CA 92008 39 203-202-18-21 SUSAN M BERGER 22506 SE 45TH LN ISSAQUAH WA 98029 40 203-202-18-22 ZARNOW FAMILY TRUST 02-14-03 800 GRAND AVE #211 CARLSBAD CA 92008 41 203-202-18-23 MARK A & JULIA G BUTCHKO 7534 SEDGE MEADOW DR INDIANAPOLIS IN 46278 42 203-202-18-24 HAVER FAMILY 2011 TRUST 05-18-11 16520 SENTERRA DR DELRAY BEACH FL 33484 43 203-202-18-25 STIDMAN VALERIE H REVOCABLE TRUST 07-25-16 6504 CHEROKEE TRL MINNEAPOLIS MN 55439 44 203-202-18-26 JAN E & MARGARETA JANSSON 800 GRAND AVE #304 CARLSBAD CA 92008 45 203-202-18-27 STADNICK FAMILY TRUST 07-03-00 27684 N 71ST WAY SCOTTSDALE AZ 85266 46 203-202-18-28 KING TRUST 12-22-10 61341 TRIPLE KNOT RD BEND OR 97702 47 203-202-18-29 HERBERT LEE & BEVERLY ANN JONES 800 GRAND AVE #307 CARLSBAD CA 92008 48 203-202-18-30 WARWICK S & NOLA M FORD 142 W END AVE #26N NEW YORK NY 10023 49 203-202-18-31 SHEW STEVEN & TIFFANY FAMILY TRUST 04-04-20 800 GRAND AVE #309 CARLSBAD CA 92008 50 203-202-18-32 GABRIELE COURT LLC 328 VISTA VILLAGE DR #D VISTA CA 92083 51 203-202-18-33 WILSON CORY A & SUSAN J TRUST 12-06-18 1330 LONG LAKE RD FLORENCE WI 54121 52 203-202-20 CARLYLE RESIDENCES COMMUNITY ASSN 5075 SHOREHAM PL #280 SAN DIEGO CA 92122 53 203-320-02 CARLSBAD VILLAGE II LLC 3444 CAMINO DEL RIO N #202 SAN DIEGO CA 92108 54 203-320-20 CARLSBAD VILLAGE II LLC 3444 CAMINO DEL RIO N #202 SAN DIEGO CA 92108 55 203-320-27 ALLAHYARI FAMILY TRUST 07-17-02 19 TIERRA VISTA LAGUNA HILLS CA 92653 56 203-320-31 ALLAHYARI FAMILY TRUST 07-17-02 3008 EMINENCIA DEL SUR SAN CLEMENTE CA 92673 57 203-320-39 DENNYS INC P O BOX 260888 PLANO TX 75026 58 203-320-40 CARLSBAD VILLAGE II LLC 6700 TOWER CIR #1000 FRANKLIN TN 37067 59 203-320-41 CARLSBAD VILLAGE II LLC 6700 TOWER CIR #1000 FRANKLIN TN 37067 60 203-320-48 CARLSBAD VILLAGE II LLC 5120 SHOREHAM PL #150 SAN DIEGO CA 92122 61 203-320-49 CARLSBAD VILLAGE LLC 3444 CAMINO DEL RIO N #202 SAN DIEGO CA 92108 62 203-320-50 G6 HOSPITALITY PROPERTY LLC 3444 CAMINO DEL RIO N #200 SAN DIEGO CA 92108 63 203-320-51 CARLSBAD VILLAGE II LLC 5120 SHOREHAM PL #150 SAN DIEGO CA 92122 64 203-320-52 G6 HOSPITALITY PROPERTY LLC 3444 CAMINO DEL RIO N #200 SAN DIEGO CA 92108 65 203-352-02 CAVALEA 2023 TRUST 3640 FELIZ CREEK RD HOPLAND CA 95449 66 203-352-03 CAVALEA 2023 TRUST 3640 FELIZ CREEK RD HOPLAND CA 95449 67 203-352-04 CAVALEA 2023 TRUST 3640 FELIZ CREEK RD HOPLAND CA 95449 68 203-352-11 3095 HARDING L L C 10951 SORRENTO VALLEY RD #2A SAN DIEGO CA 92121 69 203-352-12 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 70 203-352-13 GASTELUM FAMILY SURVIVORS TRUST 11-16-94 323 HILL DR VISTA CA 92083 Sept. 24, 2024
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71 203-352-14 ZMACK LLC 1868 CREST DR ENCINITAS CA 92024 72 203-352-15 EZRA MINISTRIES INC 825 CARLSBAD VILLAGE DR CARLSBAD CA 92008 73 203-352-18 EZRA MINISTRIES INC <DBA MISSION CHURCH> 825 CARLSBAD VILLAGE DR CARLSBAD CA 92008 74 203-352-19 P G P CARLSBAD SENIORS LTD 10951 SORRENTO VALLEY RD #2A SAN DIEGO CA 92121 75 203-353-04 BUCCHARE ERIC T & TRACY L TRUST 03-22-12 275 VILLAGE RUN W ENCINITAS CA 92024 76 203-353-05 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 77 203-353-06 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 78 203-353-07 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 79 203-353-09 JACK IN THE BOX INC/PACIFIC COAST INVESTMENTS GP P O BOX 7099 NEWPORT BEACH CA 92658 80 203-354-01 KENNETH J DAVIES/GEORGE W MERKLE 1576 PRIMERA ST LEMON GROVE CA 91945 81 203-354-05 3740 LP P O BOX 33628 SAN DIEGO CA 92163 82 203-354-07 GRAND & HARDING LLC P O BOX 3277 BEVERLY HILLS CA 90212 83 203-354-08 SCANLON FAMILY TRUST 05-16-16 3410 CAMINO ALEGRE CARLSBAD CA 92009 84 203-354-13 ORANGE LAND HOLDINGS LLC 264 PACIFIC AVE SOLANA BEACH CA 92075 85 203-354-15 BANK OF CALIFORNIA P O BOX 12734 LA JOLLA CA 92039 86 203-354-16 HELIX REAL ESTATE INVESTMENT TRUST P O BOX 15453 SAN DIEGO CA 92175 87 203-354-19 UEBER HAUN I LLC/GRANT HOLDINGS LLC 43650 LA CRUZ DR TEMECULA CA 92590 88 203-355-01 STARDUST HOMES L L C P O BOX 2100 COLTON CA 92324 89 203-355-02 JACKSON FAMILY TRUST 09-14-05 2504 MANCHESTER AVE CARDIFF CA 92007 90 203-355-03 JACKSON FAMILY TRUST 09-14-05 2504 MANCHESTER AVE CARDIFF CA 92007 91 203-355-04 2952 HARDING LLC 4899 CASALS PL SAN DIEGO CA 92124 92 203-355-05 G & M GAPCO LLC 16868 A LN HUNTINGTN BCH CA 92647 93 204-032-01 HATTER LARRY W & CATHLEEN E 1986 TRUST 5315 AVENIDA ENCINAS #130 CARLSBAD CA 92008 94 204-032-10 DARCUIEL FAMILY TRUST 04-15-15 601 E PALOMAR ST #C-243 CHULA VISTA CA 91911 95 204-032-12 CARLSBAD COMMUNITY CHURCH 3175 HARDING ST CARLSBAD CA 92008 96 204-100-06 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 97 204-110-01 MARY J JONES/JEANNE M STAMPER 1727 FIDDLERS RIDGE DR FLEMING ISLAND FL 32003 98 204-110-02 MARY J JONES/JEANNE M STAMPER 1727 FIDDLERS RIDGE DR FLEMING ISLAND FL 32003 99 204-110-32 COLLEEN Y MATSUBARA 983 PINE AVE CARLSBAD CA 92008 100 204-110-33 KATZ FAMILY LIMITED PARTNERSHIP 3302 NW PANORAMA DR BEND OR 97703 101 204-110-37 ROOSTER HOUSE LIMITED PARTNERSHIP 5252 BALBOA AVE #605 SAN DIEGO CA 92117 102 204-111-01 LEONE LAEL TRUST 08-15-22 985 OAK AVE CARLSBAD CA 92008 103 204-111-02 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 104 204-111-03 OAK 51 APARTMENTS LLC 14336 OLDE HIGHWAY 80 EL CAJON CA 92021 105 204-111-04 OAK 47 APARTMENTS LLC P O BOX 21010 EL CAJON CA 92021 106 204-111-05 OAK 47 APARTMENTS LLC P O BOX 21010 EL CAJON CA 92021 107 204-111-06 RACHEL 2015 TRUST 04-02-15 931 OAK AVE CARLSBAD CA 92008 Sept. 24, 2024
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108 204-111-09 STERNBERG TANYA 1998 TRUST 3156 HARDING ST CARLSBAD CA 92008 109 204-111-10 MARKS 2004 FAMILY TRUST 10-31-04 3166 HARDING ST CARLSBAD CA 92008 110 204-111-11 SMERUD FAMILY TRUST 03-27-97 928 PINE AVE CARLSBAD CA 92008 111 204-111-12 SMERUD FAMILY TRUST 03-27-97 1099 BUENA VISTA WAY CARLSBAD CA 92008 112 204-111-13 SCHICK LUAN TRUST 11-30-99 938 PINE AVE CARLSBAD CA 92008 113 204-111-14 INTERLAGOS INVESTMENTS L L C 7424 CIRCULO SEQUOIA CARLSBAD CA 92009 114 204-111-15 SEIDERMAN BRIAN & JOYCE TRUST 04-21-00 1415 FOREST AVE CARLSBAD CA 92008 115 204-111-16 ANDY H ANSON 982 PINE AVE CARLSBAD CA 92008 116 204-111-17 996 PINE AVE LLC P O BOX 624 SOLANA BEACH CA 92075 117 204-111-18 DOKKEN MARY T LIVING TRUST 03-08-99/DIANA DOKKEN 1022 PINE AVE CARLSBAD CA 92008 118 204-111-19 DOKKEN MARY T LIVING TRUST 03-08-99/RICHARD & BARBARA BOOTH 1022 PINE AVE CARLSBAD CA 92008 119 204-111-20 CARLSBAD COMMUNITY CHURCH 3175 HARDING ST CARLSBAD CA 92008 120 205-020-26 DONALD L KING 1155 OAK AVE CARLSBAD CA 92008 121 205-020-27 SCHNEIDER FAMILY TRUST 03-20-19 P O BOX 891 CARLSBAD CA 92018 122 205-020-29 MAST POKEY FAMILY TRUST 1095 OAK AVE CARLSBAD CA 92008 123 205-020-30 N & G LLC 7848 PRAIRIE SHADOW RD SAN DIEGO CA 92126 124 205-020-31 ST JOHN FAMILY TRUST 11-01-11 3657 MONROE ST CARLSBAD CA 92008 125 205-020-32 SCANLON FAMILY TRUST 05-16-16 3410 CAMINO ALEGRE CARLSBAD CA 92009 126 205-020-33 MARIANO HERNANDEZ 1325 HIGGINS ST OCEANSIDE CA 92058 127 205-020-34 DANIEL & ELIZABETH GLASSER 1210 PINE AVE CARLSBAD CA 92008 128 205-020-53 TAMMY G MCDARIS 1103 OAK AVE CARLSBAD CA 92008 129 205-020-54 BABE & BUNNY TRUST 11-16-22 1109 OAK AVE CARLSBAD CA 92008 130 205-020-55 BABE & BUNNY TRUST 11-16-22 1109 OAK AVE CARLSBAD CA 92008 131 205-111-27 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 132 760-252-15 CARLSBAD VETERAN HOUSING L.P. 13520 EVENING CREEK DR N #160 SAN DIEGO CA 92128 Sept. 24, 2024
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APPENDIX B
PROJECT WEBSITE COMMENTS
Sept. 24, 2024
Item #7 Page 35 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Friday, June 23, 2023 7:25 AM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
Don
Last Name
King
Email
[email protected]
Phone
7606725000
Address
1155 Oak Ave.
City
Carlsbad
State
CA
Zip
92008
Comments
You've already ruined the view and the feel of being near the beach. By putting a huge ugly biulding at the off ramp at Carlsbad Village Drive. Stop putting tall huge structures at our beach cities. Quit always letting money be the main concern of every greedy land owner. I can't believe you even have to ask. Leave the little beach town the way it is. You damaged it horrably already. And why is this the first notice i've ever recieved . When there are a bunch of tall biuldings that have gone up? Sept. 24, 2024
Item #7 Page 36 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Tuesday, June 27, 2023 11:37 PM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
Sam
Last Name
Doan
Email
[email protected]
Phone
7608897706
Address
3985 hibiscus circle
City
Carlsbad
State
CA
Zip
92008
Comments
I think that all this development is happening way too fast the housing project across the street where dennys used to be just got finished and now there’s another one being planned.
Smart and final is the only grocery store in the village and that parking lot is always full of cars from people using the services that poinsettia plaza provides. It is very questionable to me that we need more housing in the village especially right next to a freeway on ramp. There’s hundreds if not thousands of homes being built along el Camino between tamarack and cannon.
I really hope this project gets turned down at least for now because doesn’t benefit any of our long standing local residents who are effectively being forced out of their neighborhoods as all these developments keep happening Sept. 24, 2024
Item #7 Page 37 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Tuesday, July 11, 2023 9:02 AM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
Candy
Last Name
Kressman
Email
[email protected]
Phone
760-529-2767
Address
390 Oak Ave
City
Carlsbad
State
Ca
Zip
92008
Comments
I would like more information on this project
Sept. 24, 2024
Item #7 Page 38 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Tuesday, July 11, 2023 11:07 AM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
June
Last Name
Pasini
Email
[email protected]
Phone
760 213-2449
Address
233o Byron Place
City
Carlsbad
State
CA
Zip
92008
Comments
5 story buildings do NOT belong in our beautiful coastal city.
Sept. 24, 2024
Item #7 Page 39 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Tuesday, July 11, 2023 9:07 AM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
Shari
Last Name
Roberts
Email
[email protected]
Phone
2018199596
Address
2787 State St
City
Carlsbad
State
CA
Zip
92008
Comments
The Height of 5 stories is an eyesore. If the height is reduced 2-3 stories this project would be more aesthetically pleasing.
The many residents of Carlsbad whom I spoke to, were not happy when discussing this development. Personally, I think if it was smaller in scope it would be an ‘easier pill to swalllow’ and you would have the support of the community.
Sept. 24, 2024
Item #7 Page 40 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Wednesday, July 12, 2023 11:09 AM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
Rosie
Last Name
Marks
Email
[email protected]
Phone
760-845-7479
Address
3166 Harding Street
City
Carlsbad
State
CA
Zip
92008
Comments
What will happen to all of the small businesses that have been there 20+ years (El Puerto, French Pastry Cafe) and everyone who works at the grocery store while this project happens? Will they get to remain open and employed? Will everyone now have to walk to Von's on Tamarack for groceries? We already can see the top of the unattractive relatively NEW 4 story apartment building next to the freeway. This project means we get to look at two 5-story buildings A LOT closer to us. And what exactly is AFFORDABLE these days with every new housing project in the village selling for $900k up???? (the Carlyle on Grand, the Fives on Madison, etc.). We really do feel like the we are getting squeezed out like the house in the Pixar movie UP! Sept. 24, 2024
Item #7 Page 41 of 730
1 Andrew Cerrina
From: Carlsbad Village <[email protected]> Sent: Monday, July 17, 2023 2:58 PM
To: [email protected]
Subject: Carlsbad Village Web Inquiry
First Name
Rob
Last Name
Schupp
Email
[email protected]
Phone
760-583-0265
Address
2735 Wilson St.
City
Carlsbad
State
CA
Zip
92008
Comments
Thanks for posting information on your project. Some questions:
What is the current square footage of the shopping center? What is the square footage of the proposed market and the square footage of the existing Smart & Final? Will residences be for rent or for sale?
Please estimate rent/sales price ranges.
Looks like 7/11 stays, right?
I would suggest that while the project may reduce traffic trips to the shopping center, those same trips will be taken to other businesses much further away.
Sept. 24, 2024
Item #7 Page 42 of 730
CARLSBAD VILLAGE MIXED USE (SDP 2023-0014)
ENHANCED STAKEHOLDER OUTREACH REPORT – ADDENDUM
September 17, 2024
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 90028
ATTN: Jason Goff
SUBJECT: Enhanced Stakeholder Outreach Supplemental Addendum for Carlsbad Village Mixed Use – 945-1065
Carlsbad Village Drive – Project No. SDP 2023-0014
In accordance with Carlsbad Council Policy No. 84, Development Project Public Involvement Policy, the required Enhanced Stakeholder Outreach Report (“Outreach Report”) was submitted on August 10, 2023. The initial Outreach Report indicated that seven (7) comments had been submitted through the website1 at the time the Outreach Report was submitted to the city. The Outreach Report was accepted2, and the Letter of Completeness was issued by the City on September 14, 2023.
Since the date the Outreach Report was completed, 23 additional comments and inquiries have been received through the project website, bringing the total to 30 comments and inquiries.
In addition to the project website, public engagement and education have been ongoing throughout the entitlement process. A timeline is included as Exhibit A. Project support letters are included as Exhibit B.
This addendum summarizes the supplemental actions and provides responses to the community feedback received.
Supple
mental Public Engagement and Education
Tenant Outreach
From the onset, outreach to the existing tenants at the strip center has been a primary focus.
The property was purchased in late 2021 and outreach to tenants began in December 2021 about the plans for future redevelopment. Communication to tenants has been ongoing throughout the process (Exhibit C). Through those conversations, the property owner extended the leases of 80% of the existing tenants whose leases would have expired during the entitlement period to prolong access to neighborhood services and avoid a blighted and vacant strip center. These extensions were offered at lease rates significantly lower than market rental rates, further assuring consistent presence at the plaza. The lease extensions also allowed tenants more time to evaluate their future 1 The project website was the method utilized from the list of options provided by Policy 84 to satisfy the Enhanced Stakeholder Outreach requirement.
2 Submission of an Outreach Report is a requirement for the project application to be deemed complete by the City.
Sept. 24, 2024
Item #7 Page 43 of 730
plans. Applicant also facilitated introductions to a local broker to assist with relocation efforts.
Tours and leasing discussions are in process.
Media
Cooperation with local media, including The Coast News (6/21/23 – left) and The San Diego Union Tribune (7/2/23 – right) resulted in greater awareness of the project early on and increased traffic to the project website. Media coverage on the project began as early as December 9, 2021, with the announcement of the purchase of the property.
O
ne-on-One and Small Group Meetings
Members of the project team have been available for one-on-one or small group meetings throughout the entitlement process.
Thirteen one on one meetings with members of the community have been held, including with some opposing the project.
Stakeholder Meetings
In addition to meeting with members of the community, the project team has made in-person and virtual presentations to local and regional stakeholder groups. The local meetings were hosted by the Carlsbad Chamber of Commerce (4/3/24) and the Carlsbad Village Business Association (“VBA”) (5/14/24). These two meetings were publicized to their respective networks, and on multiple resident driven social media pages (example included below as figure 1). All interested parties, including non-members, were welcome and present at the meetings. Roughly 150 members of the community participated.
Given the project’s commitment to provide affordable housing at the Very-Low income level and its consistency with state housing accountability laws, local affordable housing advocates also demonstrated interest in the project, including YIMBY Law, YIMBY Democrats and LISC.
Sept. 24, 2024
Item #7 Page 44 of 730
Fi
gure 1 – Carlsbad Village Facebook page, 5,000 followers Figure 2 – Jonathan Frankle, Project Manager (5/14/24 Village Voices) Key Themes and Responses
Topic Response
Loss of neighborhood
services (i.e. grocery)
In response to community feedback, the project has been designed to include a neighborhood market. The necessary infrastructure to accommodate a grocer (cart parking, truck loading, dedicated trash, etc.) has been incorporated into the site plan.
Fu
rther, it was announced in May 2024 that Baron’s Market would be coming to the Village. Barons is anticipated to open in late 2024 or early 2025, well before construction begins on this project. Combined with the market planned for this project, the community will have access to multiple grocery store options in the Village.
Parking We recognize the importance of parking, especially in coastal areas. It is important to note that the project could choose to utilize state incentives for transit-oriented development given its proximity to the Carlsbad Village Train Station and provide no parking, however the project proposes 340 stalls.
The
parking structure not only helps address this community concern, it also serves as noise attenuation and a buffer from the adjacent freeway, a stated objective included in the Village and Bario Master Plan.
Traffic & Pedestrian
Safety
The project improves pedestrian safety along Carlsbad Village Drive by widening the sidewalk through a property dedication, significant setbacks to create patios and outdoor seating for the proposed retail uses, enhanced landscaping and a new, covered bus stop. Finally, the project proposes to close the second driveway on Carlsbad Village Drive which Sept. 24, 2024
Item #7 Page 45 of 730
will further support pedestrian walkability and safety along the project’s street front.
Com
prehensive analysis was c ompleted on the project. Studies show there will be a reduction of 4,800 trips to the site per day. Pursuant to CEQA, the project was also analyzed for vehicle miles traveled (VMT). City staff concluded the project was exempt from further review. No appeals to this decision were received.
Community Character
(i.e. height/views,
design, aesthetics)
This project is an opportunity to revitalize this site and create a welcoming gateway to the Village.
H
EIGHT – The project aims to reduce massing along Carlsbad Village Drive, where single-story buildings are proposed. The siting of the residential buildings at the southern portion of the property (toward Oak Avenue) takes advantage of the existing, downward-sloping topography, resulting in a maximum building height that is only 6 feet higher than the 4-story Carlsbad Village Lofts project to the North. Concentrating parking in a singular garage also prioritizes the pedestrian and creates a more human-scaled environment.
AE
STHETICS – Modern coastal architecture with a mix of colors, textures and materials also helps to create visual interest. Although not applicable to this project, the applicant has incorporated elements from the Village & Barrio objective guidelines and taken inspiration from the Carlyle on Grand which was identified positively throughout the process.
Inconsistency with
Village
After years of neglect and differed maintenance, loitering and vandalism, the retail buildings that exist today are not viable in the future.
T
he property is located in the Freeway Commercial District of the Village and Barrio Master Plan (VBMP). The VBMP envisions a mixed-use environment with higher density residential with a mix of unit types for a wide variety of households in this location to create a buffer from the freeway (Village and Barrio Master Plan (Page 13-14)). The project is consistent with this vision.
A
lthough the project utilizes State Density Bonus, the applicant has chosen not to propose the maximum density.
Lack of Awareness,
Inconspicuous
Application Signage
In addition to satisfying the enhanced stakeholder outreach requirements, members of the project team participated in online and social media discussions in which the project was discussed. Everything from acknowledging the notice of application to linking to the CEQA determination was shared on prominent social media pages, including those managed by project opposition (Exhibit D). This grassroots discussion was key to better understanding which elements of the project to reinforce and highlight in our public presentations.
Sept. 24, 2024
Item #7 Page 46 of 730
Exhibit A – Project Milestones
- Dec. 2021 – Property acquisition
- Early 2022 – Outreach to tenants begins
- May 2023 – Application Submittal
- June 10, 2023 – Website & feedback portal established - June 15, 2023 – 500 ft. Notice Letter to Public
- June 15, 2023 – Notice of project application posted to project site - August 10, 2023 – Enhanced Stakeholder Outreach Report accepted - September 14, 2023 – Application deemed complete
- Feb. 29, 2024 – CEQA Notice of Exemption Determination Posted - Mar. 11, 2024 – Expiration of Appeal Period
o No appeals received
- April 3, 2024 – Carlsbad Chamber Government Affairs presentation - May 14, 2024 – Village Voices presentation
- June 5, 2024 – Planning Commission (continued)
- June 17, 2024 – Planning Commission (continued)
- July 18, 2024 – Planning Commission (approved 5-2)
Sept. 24, 2024
Item #7 Page 47 of 730
Ex
hibit B – Project Support/Endorsement Letters
- 5/16/24 – Bret Schanzenbach, Carlsbad Chamber of Commerce - 5/29/24 – Matt Thorne
- 5/30/24 – Raj Chandani
- 5/31/24 – Nina Esber
- 6/5/24 – Christine Davis
- 6/5/24 – YIMBY Democrats
- 6/17/24 – YIMBY Law
- 6/18/24 – Paul Kartze
Sept. 24, 2024
Item #7 Page 48 of 730
Sept. 24, 2024
Item #7 Page 49 of 730
…
Hello
Mayor Blackburn, Chairman Kamenjarin and members of the City Council and Planning Commission,
I would have liked to attend the Planning Commission hearing on 6/5, but unfortunately, that is the same day as 5th grade graduation. I hope these comments in support of the redevelopment of the Carlsbad Village Plaza can be considered when you make your decision.
I’ve lived in Carlsbad for 10 years and have been generally supportive of the growth and development that has taken place. The implementation of the Village and Barrio Master Plan has resulted in new investment that has reinvigorated the Village. We’ve always loved the charm of the local businesses, and how there’s even more to enjoy.
Today I’m writing specifically about the plans to redevelop the Village Plaza. With the increase in services like Instacart and Amazon Fresh, how people get their groceries is evolving. However, I was still concerned to hear that Smart n Final would be going away. To that end, I like that the developer is making plans for a new market. I know this is big for the community too. I saw on Facebook that Baron’s is also coming to the Village! With the approval of this project, that will mean two quality options for residents.
As we’ve seen with other infill projects in the Village and Barrio, there is a good way to develop and a bad way. This particular project looks pretty good to me.
Sincer
ely,
Raj Ch
andani
3051 Rancho Del Canon
Carlsbad, CA 92009
Sept. 24, 2024
Item #7 Page 50 of 730
From: Nina E.
To: [email protected]; [email protected]
Cc: [email protected]; [email protected] Subject: Public Comment - Support
Date: Friday, May 31, 2024 1:15:36 PM
External ([email protected])
Report This Email FAQ GoDaddy Advanced Email Security, Powered by INKY Hello,
Please add these comments to the record for the redevelopment of the Carlsbad Village Plaza.
I normally don’t get involved with things like this, but I’ve seen the chatter on social media and felt compelled to voice my support.
The housing market is not what it was 10, 20, or even 5 years ago. The cost of living is through the roof which is pushing people to other states. I’d venture to guess that most of the people opposing this project have owned their homes for decades and don’t understand how much harder it is now.
My boyfriend and I had to live with two other roommates off Paseo Del Norte for a year until we were recently lucky enough to find our own place off Lincoln Street. Even then, the rent is still incredibly high. It’s that perspective I suspect you don’t hear a lot of. The people who have time to sit in front of grocery store and collect signatures are typically not the people who are going to benefit from affordable housing.
I appreciate that the developer is proposing quality housing for a variety of income levels.
Please vote yes.
Nina Esber
3080 Lincoln St. Carlsbad, CA 92008
Sept. 24, 2024
Item #7 Page 51 of 730
Re: SDP 2023-0014 (DEV2023-0078) CARLSBAD VILLAGE MIXED USE June 5, 2024
Dear Commissioners:
I am writing regarding the mixed-use development proposed for 945-1065 Carlsbad Village Drive.
The Carlsbad Village Association (CVA) was pleased to have a representative from the Atlantis Group as our guest speaker at our May 14th Village Voices business and resident networking meeting held at the new Village Arts theatre. Jonathan Frankel, the lead consultant, provided an in depth 20-minute power point presentation followed by 15 minutes of open Q&A. Mr. Frankel also had architectural renderings available on easels and informational handouts. There were approximately 80 people in attendance, including many local residents.
We appreciated their transparency and willingness to share information and discuss options. We were glad to hear that the owner and developer have a firm commitment to single story retail along Carlsbad Village Drive, with a goal of bringing in a community grocery store to service their residents and others in the Village. We also understand that current tenants will be given first access to the new retail space at market rate, and that they have been receiving subsidized rates and will continue to do so until the project commences.
We are pleased to hear that they are proposing widening the sidewalks and that community seating or informal gathering space is also being proposed in the area.
And it appears that they are committed to creating as much visual open space as possible for the proper aesthetic for such an important piece of property.
We are hopeful they will be interested in assisting us in updating the Carlsbad Village monument sign that welcomes people to the Village on Carlsbad Village Drive to something more current and noteworthy than what is currently there.
CVA looks forward to providing more community outreach opportunities for the Atlantis Group to help disseminate accurate information.
Sincerely,
Christine Davis
Executive Director
Zachary Markham
Chairman
Heidi Willes
Vice Chair
Kenneth Reyes
Treasurer
Jenna Dotson
Secretary
Fumi Matsubara
Board Member
Samantha Dean Fauce
Board Member
Chanel Bennet
Board Member
Carrie Moore
Board Member
Anna Howard
Board Member
Rosemary Eshelman
Board Member
The Carlsbad Village
Association (CVA) is a
non-profit organization
whose core purpose is to
lead the continual
improvement of Carlsbad
Village by promoting and
enhancing its business,
cultural, and community
vitality, making it a premier
destination.
300 Carlsbad Village Dr.
Suite 108A #135
Carlsbad, CA 92008
www.carlsbad-village.com
[email protected]
Sept. 24, 2024
Item #7 Page 52 of 730
June 5, 2024
Commissioner Bill Kamenjarin, Chair
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Item 1:SDP 2023-0014 (DEV2023-0078) CARLSBAD VILLAGE
MIXED USE - SUPPORT
Dear Chair Kamenjarin and Planning Commission Members:
On behalf of the YIMBY Democrats of San Diego County, please accept this letter regarding our support for the proposed Carlsbad Village Mixed Use project.
The YIMBY Democrats of San Diego County are dedicated to growing sustainable housing opportunities in the communities where we live.
In addition to developing more affordable and market-rate housing to increase the supply of housing, we believe in prioritizing infill development near transit and employment centers with the goal of increasing our housing supply, leveraging our urban environments, protecting our natural resources and advancing economic inclusion and opportunity for all. Further, we believe that sound public policy, along with projects such as the Carlsbad Village Mixed Use project will result in a healthier, more vibrant, and equitable community.
The entire San Diego region, including Carlsbad, is facing an affordable housing crisis that requires bold action. The Carlsbad Village Mixed Use project will build 218 apartments, 27 of which are affordable to very-low income families, which would provide much needed affordable housing to the community.
Located in an urbanized and transit-rich area, the project provides more families access to critical community resources. Given that this project is in the center of Carlsbad, within walking distance to a Coaster Station and employment opportunities, this project will help achieve state and regional climate goals by reducing vehicle miles traveled and lessening the demand for greenfield development in far-flung areas of the state.
Additionally, this development not only utilizes new state density bonus law, but also satisfies the inclusionary zoning requirements adopted by the City.
Over the past three years, Carlsbad has only permitted 45 of the 1311 homes needed for very-low income families. The affordable homes provided in this project are a perfect example of how newly adopted state and local housing policies meet critical community needs.
Sept. 24, 2024
Item #7 Page 53 of 730
YIMBY Democrats of San Diego County
The YIMBY Democrats of San Diego County believe that projects like this create a more equitable, sustainable, and thriving city. We submit this letter to remind the Planning Commission of its obligation to abide by all relevant state housing laws when evaluating this proposal. While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction and towards the region's housing goals. We urge the Commission to approve the Carlsbad Village Mixed Use project and continue working towards solutions that prioritize housing abundance, affordability, and inclusivity.
Thank you for your time and consideration.
Sincerely,
YIMBY Democrats of San Diego County
Sept. 24, 2024
Item #7 Page 54 of 730
YIMBY Law
2261 Market Street STE 10416
San Francisco, CA 94114
[email protected]
6/17/2024
Carlsbad Planning Commission
1200 Carlsbad Village Drive.
Carlsbad, CA 92008
[email protected]
[email protected]
Via Email
Re: 945-1065 Carlsbad Village Dr
SDP 2023-0014
Dear Carlsbad Planning Commission,
YIMBY Law is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility and a ordability of housing in California. YIMBY Law sues municipalities when they fail to comply with state housing laws, including the Housing Accountability Act (HAA). As you know, the Planning Commission has an obligation to abide by all relevant state housing laws when evaluating the above captioned proposal, including the HAA. Should the City fail to follow the law, YIMBY Law will not hesitate to file suit to ensure that the law is enforced.
The project at 945-1065 Carlsbad Village Dr is a sustainable mixed-use development with 218 for-rent residential units, 27 of which are a ordable to very low-income households. The project meets the a ordability requirement for a Density Bonus under state law, entitling the project to seek five concessions related to building height, ground floor square footage, and vehicle access.
Planning Department sta have produced a thorough report stating that the project meets objective design criteria, that “there is no preponderance of evidence that the project would have a specific, adverse impact on public health and safety,” and recommending approval. The Planning Commission is therefore required to approve the project on the basis of relevant state statute. Under California state Density Bonus Law (see California Government Code § 65915(e)) the project is entitled to seek waivers as concessions so long as there are no specific, adverse
impacts, upon health, safety, or the physical environment, and there are no feasible
methods to satisfactorily mitigate or avoid the specific adverse impacts.
As discussed in the sta report, the Commission is similarly bound by California Gov. Code §65589.5(j)(1) of the Housing Crisis Act, which states that a city cannot disprove a project or compel
modifications to lower density as long as the project meets the relevant objective general
plan, zoning, and subdivision requirements in e ect at the time that the application was deemed complete.
1 Sept. 24, 2024
Item #7 Page 55 of 730
California Government Code § 65589.5, the Housing Accountability Act, also prohibits localities from denying housing development projects that are compliant with the locality’s zoning ordinance or general plan at the time the application was deemed complete, unless the locality can make findings that the proposed housing development would be a threat to public health and safety. § 65589.5 (j)(3) elaborates that the receipt of a density bonus does not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
The above captioned proposal is zoning compliant and general plan compliant, therefore, your local agency must approve the application, or else make findings based on a preponderance of evidence to the e ect that the proposed project would have an adverse impact on public health and safety, as described above. Should the City fail to comply with the law, YIMBY Law will not hesitate to take legal action to ensure that the law is enforced.
I am signing this letter both in my capacity as an employee of YIMBY Law, and as a resident of California who is a ected by the shortage of housing in our state and would be eligible to apply for residency in the proposed housing development project.
Sincerely,
Olivia Grimes
Olivia Grimes
Legal Associate Intern
YIMBY Law
2261 Market Street STE 10416, San Francisco, CA 94114
2 Sept. 24, 2024
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Exhibit C – Existing Tenant Outreach
Summary of Landlord Lease Extensions and Outreach with Existing Tenants
1. Landlord Lease Extensions – 6 Tenants / 80% of Property Extended* - December 7, 2022 – Specific tenant lease extended
- March 1, 2022 – Specific tenant lease extended
- April 7, 2022 – Specific tenant lease extended
- February 8, 2023 – Specific Tenant lease extended
- February 23, 2024 – New lease signed for vacant space - June 30, 2023 – Specific Tenant lease extended
- August 4, 2023 – Specific Tenant lease extended
* A
ll leases extended at signif icant discount to market rental rates
2. Landlord Outreach/Communication with Existing Tenants A. Summary of Below Landlord / Tenant Communication re: Development **:
Landlord initiated Communication Dec ‘21 to Current 67 calls/emails Tenant initiated Calls/responses to Landlord Dec ’21 to Current 4 calls/emails *
* Excludes normal property management calls unrelated to proposed development B. D
etail of Landlord/Tenant Comm unication
- D
ecember 2021
Notice of acquisition of and introduction of new ownership Sent by Landlord to all tenants
- J
anuary – March 2 022
Introduction of new ownership and new property management S
ent by Landlord to All tenants
- J
une 2023
Initial email from landlord informing tenants of submission of development application
Sent by Landlord to All tenants
L
andlord response to tenant inquiry about timing of development Landlord Response to all tenants that specifically reached out to landlord F
ollow up calls to discuss development
Landlord response to all tenants that specifically reached out to landlord Sept. 24, 2024
Item #7 Page 58 of 730
- Ap
ril 2024
Follow up correspondence from landlord
Landlord provided development update to ALL tenants
C
alls to discuss development with specific tenants
Landlord initiated calls to 5 specific tenants to provide specific update on development
F
ollow up correspondence with tenants with additional information from earlier call.
Landlord initiated follow up correspondence to 3 specific tenants in response to their specific questions
- M
ay 2024
Follow up correspondence form Landlord with additional information from earlier call
Landlord initiated calls to 3 specific tenants in response to their questions F
ollow up calls to discuss development
Landlord initiated calls to 3 specific tenants to provide specific update on development
- C
urrently Ongoing
Conversations with tenants to provide assistance identifying alternate location L
andlord initiated introduction calls with local area broker to assist in relocation, in response to specific tenant inquiry
B
roker tours of potential relocation properties
Landlord facilitated broker introduction has resulted in tours of potential relocation space within Carlsbad Village, those tours and leasing discussion are currently ongoing.
Sept. 24, 2024
Item #7 Page 59 of 730
E
xhibit D – Community Acknowledgement of Project Milestones on Social Media The dates of the following posts on prominent public and private social media pages in Carlsbad align with pertinent project milestones (exhibit A) and demonstrate awareness to a wide audience.
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Exhibit 7
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Jason Goff
From:
Sent:
To:
Subject:
RE: Carlsbad Village Plaza
Enough is enough.
Enchanted Seashells <[email protected]>
Thursday, May 2, 2024 5:37 PM
Jason Goff; Planning; Melanie Burkholder; Council Internet Email; Manager Internet Email
STOP THE DESTRUCTION OF CARLSBAD VILLAGE PLAZA
I am vehemently opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use condominium complex. (Project Number SDP 2023-0014).
I've lived in Carlsbad since 1985.
This proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village.
It will destroy the only grocery store in the village, turning the village into a food desert. It wilJ destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility.
The hardware store will go, as will the French bakery, the cleaners, the CRC resale store, the laundromat, and other local businesses - many of them family owned and operated. These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village and must stay.
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents."
You can't deny that the proposed development will significantly increase traffic in the area, making mobility more difficult for residents, especially cyclists.
I understand that progress is inevitable, but as usual for Carlsbad's elected officials, this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve.
Do not approve this project.
Please notify me when any public hearings are scheduled regarding this project.
Rosanne Bentley 619-200-7417
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe.
Sept. 24, 2024
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Jason Goff
From:
Sent:
To:
Cc:
Subject:
Dear Mr. Goff,
Melissa Furioli <[email protected]>
Thursday, May 2, 2024 7:59 PM
Jason Goff
Carolyn Luna; Council Internet Email; Manager Internet Email; Planning Save the Carlsbad Village Plaza
I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use condominium complex. (Project Number SOP 2023-0014)
I was brought home from the hospital to my first home on La Portalada Dr., near the intersection of Tamarack and El Camino. My family purchased that home in 1975 and we have all been here since. Certainly we've seen many changes to the city in almost 50 years, but I strongly believe that this proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village. It will destroy the only grocery store in the village, turning the village into a food desert. It will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility.
The hardware store will go, as will the French bakery, the cleaners, the CRC resale store, the laundromat, and other local businesses - many of them family owned and operated. These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village and must stay.
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents." Further, the proposed development will significantly increase traffic in the area, making mobility more difficult for residents, especially cyclists.
I understand and appreciate that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. I do not approve this project. Please notify me when any public hearings are scheduled regarding this project. Thank you so much for your time and attention in this matter!
Warmly,
Melissa Furioli
Homeowner in District 2
3704 Strata Drive
760-703-5973
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Sept. 24, 2024
Item #7 Page 84 of 730
Jason Goff
From:
Sent:
To:
Subject:
Dear Mr. Goff,
Maria <[email protected]>
Thursday, May 2, 2024 9:17 PM
Jason Goff
Project Number SDP 2023-0014)
I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use condominium complex. (P roject Number SDP 2023-0014)
My family and I moved to Carlsbad from Vista in 2009 for the reason of having a better school district and living in better Carlsbad neighborhoods. We bought our home in the Hidden Ridge neighborhood off of El Camino Real across Robertsons Ranch. We frequently go to the village to eat and shop. My college age daughter has worked in the village the past years for summer jobs and will return again this summer to work. We love the village and we think this proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village.
It will destroy the only grocery store in the village, turning the village into a food desert.
Just today, after buying a gift card from Blue Water Grill Restaurant, I stopped by Smart and Final to buy ingredients for dinner and how wonderful it is for that grocery store to be there. As it is, the closest grocery store from us is the Vons by Carlsbad Shoppes Mall. We need Smart and Final grocery store in this area.
Additionally, the proposed development will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility. The hardware store will go, as will the French bakery, the cleaners, the CRC resale store, the laundromat, and other local businesses- many of them family owned and operated. These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village and must stay.
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents:'
Further, the proposed development will significantly increase traffic in the area, making mobility more difficult for residents, especially cyclists.
I understand that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Do not approve this project.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Maria Leupold
2357 Summerwind Place,
Carlsbad, Ca 92008
(760) 500-1220
Sent from my iPhone
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Sept. 24, 2024
Item #7 Page 85 of 730
Jason Goff
From:
Sent:
To:
Subject:
Ladies and Gentlemen:
[email protected]
Friday, May 3, 2024 6:48 PM
Planning; Eric Lardy; Scott Chadwick; Jason Goff; Melanie Burkholder; Keith Blackburn
CARLSBAD VILLAGE PLAZA
I am strongly against the destruction of the Carlsbad Village Plaza. The Village does not need another mixed-use condominium complex. (Project Number SDP 2023-0014). I have lived in Carlsbad since 1986 and have raised three children here. I live at 3 759 Grecourt Way which is considered part of the Village. I regularly play pickle ball at St. Mike's church with my husband and we regularly ride our bikes there. As much as I would like it to be, I know nothing stays the same forever. But our lovely, quaint community Village is being destroyed and dismantled street by street. Three story apartment and condo buildings have taken residence on too many of our streets ...... Grand Avenue, State Street, Madison Avenue and the largest eyesore of them all, the mixed-use apartment complex on Carlsbad Village Drive directly across from the Carlsbad Village Plaza. The Village is tapped out.
This proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village. It will destroy the only grocery store in the village, turning the village into a food desert. It will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility. The hardware store will go, as will the French bakery, the cleaners, the CRC resale store, the laundromat, and other local businesses - many of them family owned and operated. These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village and must stay.
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents." Further, the proposed development will significantly increase traffic in the area, making mobility more difficult and dangerous for residents, especially cyclists.
I understand that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Please listen to the citizen's you represent and do not approve this project.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Deborah Foley
3759 Grecourt Way
Carlsbad, CA 92008
[email protected]
760-415-8024
Sept. 24, 2024
Item #7 Page 86 of 730
Jason Goff
From:
Sent:
To:
Cc:
Subject:
Dear Mr. Goff,
Tracy Faris <[email protected]>
Sunday, May 5, 2024 7:09 AM
Jason Goff
Planning; Council Internet Email; Manager Internet Email; Melanie Burkholder; Priya Bhat-Patel; Carolyn Luna; Teresa Acosta; Keith Blackburn Project Number SDP 2023-0014 - Save Carlsbad Village Plaza l am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed use condominium complex. (Project Number SDP 2023-0014) I have lived in Carlsbad for 20 years and love the quaint feel of the village. We cannot let it turn into the mess that Encinitas has. Its disgraceful and does not reflect the "Life's Rad in Carlsbad" vibe that we all know and love.
This proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village. It will destroy the only grocery store in the village, turning the village into a food desert. It will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility. The hardware store will go, as will the French bakery, the cleaners, the CRC resale store, the laundromat, and other local businesses - many of them family owned and operated.
These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village and must stay.
What's_ more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to 11serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that '
1 encourages preservation of each neighborhood's character" and 11provides for the daily needs of nearby residents."
Further, the proposed development will significantly increase traffic in the area, making mobility more difficult for residents, especially cyclists.
I understand that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Do not approve this project.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Tracy Faris
Carlsbad resident and homeowner
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Sept. 24, 2024
Item #7 Page 87 of 730
Jason Goff
From:
Sent:
To:
Subject:
Dear Mr. Goff,
Paul Miller <[email protected]>
Monday, May 6, 2024 5:40 PM
Jason Goff
Village Plaza
I'm totally and completely opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use condominium complex. (Project Number SOP 2023-0014)
I've been a resident in this fine city for over 26 years and my family has frequented the businesses in the Plaza weekly over the years. Both of my daughters were raised in Carlsbad and were properly educated at Jefferson and CHS.
This proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village. It will destroy the only grocery store in the village, turning the village into a food desert. It will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility. The Denault's Ace Hardware has been a staple in the community, employing experienced seniors and creating a small town feel that you do not get at Lowe's or Home Depot.
I cannot count how many birthday cakes we've ordered from the French bakery. I have to add the Golden Tee, a classic watering hole that many of us have spent evenings at. These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village, does that not mean anything to the City?
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents."
I understand that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Do the right thing, and do not approve this project.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Paul A. Miller
5133 El Arbo! Drive
760-271-4457
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Item #7 Page 88 of 730
May 12, 2024
Jason Goff
City Project Manager
Dear Mr. Goff,
From the moment I read the yellow notice on the Miso Restaurant building I knew myself and neighbors were going to be shocked and upset to learn of the entire shopping center was going to be torn down with a new center being built.
This one is very personal to all of us. But this isn't a personal issue, its a business arrangement. The two don't mix do they ... And we need the city's help to find a solution that keeps the valuable center in tact.
I understand that you have heard all the reasons this project of the Carlsbad Village Shopping Center rebuild should not be allowed but please hear me out. 1 If the city allows this to move forward the way it is right now, we will be putting our neighbor's stores and shops out of business. Did you know many of them are residents of Carlsbad? They have homes here, they pay taxes. Most importantly they are a vital part of our community. The center survived Covid, safely keeping their stores open to serve us and pay their own bills.
I suggest another environmental impact study to be done. I know that has been passed on as the center as it stands now has already had the study when it was built. But we need another impact study. How many more cars, producing emissions into the air, making CVD more difficult to drive because of too many cars on the road at once. Presently, travel in that area is very difficult at any time of the day.
One could say that this new center would provide a wonderful location for train travel to work, or pleasure. Maybe, in a perfect world .... that parking lot is already full from morning to night.
Are the new residents going to walk to the station? Maybe a few but the reality is that most would drive to the station, making the streets and parking lots fuller than they are currently.
Some new residents won't use the train regularly at all. Once again, more cars clogging CVD.
The point of train travel is to help save the environment by omitting cars on the road. That's a good thing but what about the folks that use the Smart and Final Center? If it's torn down for the new project, folks are going to have to drive a lot further to find similar shopping needs.
This is a big deal for those of us who live close.
This is not the right area for such a huge area of buildings/condos to cram into the space.
Maybe good for the development company but not for a single citizen who uses this center currently.
Most Sincerely,
Heather Sager
Carlsbad Village Resident
Sept. 24, 2024
Item #7 Page 89 of 730
May 14, 2024
The Planning Commission
City of Carlsbad
Dear Planning Commissioners:
• - -
�
CARLSBAD
CHAMBER OF COMMERCE
On behalf of the Carlsbad Chamber of Commerce Board of Directors, I am writing in support of the upcoming Carlsbad Village Mixed Use development in Carlsbad at the site where Smart & Final currently resides (Carlsbad Village Shopping Center). Tooley Interests has a long history of quality developments and they plan long-term ownership of this project. The proposed development would bring fresh retail space to an aged property and much needed housing.
The project being proposed is consistent with Carlsbad's General Plan. The two retail concepts it has will keep a market located on site, which is preferred due to the proximity of many local residents, and it will add a restaurant or coffee shop.
The great value here is in the 218 rental units it will add. This supply will include 27 affordable units for "Very Low" income levels, a product desperately needed in our community. The planned amenities here are exceptional. The project parks itself fully. And the sidewalk widening bring beautiful landscaping and increased walkability to our booming village.
For these reasons and more, we would like you to approve the Carlsbad Village Mixed Use application as proposed.
Sincerely,
Bret Schanzenbach
President and CEO
5934 Priestly Drive I Carlsbad, CA 92008 I 760.931.8400 T I 760.931.9153 F www.carlsbad.org
Sept. 24, 2024
Item #7 Page 90 of 730
Jason Goff
From:
Sent:
To:
Subject:
Attachments:
Dear Jason Goff,
Stacie <[email protected]>
Wednesday, May 22, 2024 12:16 PM
Jason Goff
Fwd: Notice of Public Hearing for SDP 2023-0014 - Carlsbad Village Mixed-Use SDP20230014Jg.Notice of Public Hearing.pdf
I am writing to express my strong opposition to the proposed housing development of 218 multiple family residential apartment units within two five-story buildings, and a five-story above-grade parking structure on a 4.12-acre property located at 945-1065 Carlsbad Village Drive. While I understand the need for affordable housing in our city, this project would have a detrimental impact on our community.
Primarily, the proposed development is simply too large for our area. The increase in population density would put a strain on our already overburdened infrastructure, leading to increased traffic congestion, noise pollution, and strain on our public services. Additionally, the construction of this project would result in significant environmental damage, destroying natural habitats and putting wildlife at risk.
Furthermore, the type of housing being proposed is simply not in keeping with the character of our neighborhood. It would also drastically alter the aesthetic of our area, replacing the existing skyline and open space with a monolithic, high-density housing complex.
Finally, I am deeply concerned about the impact this development would have on property values in the surrounding area. The influx of high-density housing residents could result in a decline in property values, making it difficult for current residents to sell their homes and move elsewhere.
In conclusion, I strongly urge you to reconsider this proposed housing development. While I recognize the need for affordable housing, this project is simply not the right fit for our neighborhood. Thank you for your attention to this matter.
Sincerely, Stacie Beal
Carlsbad Village Resident
---------- Forwarded message ---------
From: Carla Flores <[email protected]>
Date: Wed, May 22, 2024 at 11 :51 AM
Subject: Notice of Public Hearing for SOP 2023-0014 - Carlsbad Village Mixed-Use
Sept. 24, 2024
Item #7 Page 91 of 730
From: Darlene Gillis <[email protected]>
Sent: Wednesday, May 29, 2024 6:46 PM
To: Jason Goff <[email protected]>; Planning <planning@ca rlsbadca.gov> Subject: Petition to Save Carlsbad Village Plaza
Please review my submittal and I expect immediate attention to this urgent matter.
Darlene Gillis
760-497-4224
Dear Mr. Goff,
I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high density residential complex. (Project Number SOP 2023-0014) I have lived in Carlsbad for 40 years and shopped at the Plaza since the auto parts store and Big Bear grocery store were there. I shop there at least twice a week.
This proposed development is not good for the residents of Carlsbad Village.
By getting rid of Smart and Final, locals, tourists, restaurant owners, seniors and low income families in the barrio will have nowhere to shop for reasonably priced food.
The only pharmacy in the village will be gone. Rite Aid on Tamarack is due to close any day now.
Residents including seniors and those with limited mobility will have to travel 3 miles to the nearest pharmacy.
The hardware store will be gone, we will have to drive 5 miles to a home depot just for a light bulb.
Even if smaller stores open after the construction, there will be a 2-3 year period with no grocery store, pharmacy or hardware store. And the new retail space rental will be prohibitively high, resulting in higher prices for their products.
This development does not fit with the concepts we've been fighting for with the Carlsbad Village and Barrio Master Plan, which feels like 40 years!! Keep the Village.
Traffic - Carlsbad Village Drive traffic will be a nightmare, even if an additional light is installed on CVD this will cause an unbelievable backup on 1-5! The placement of this complex is not conducive to the safety of the community.
Residents of the 218 residential units will use 2 lane Harding Street, which cannot handle additional traffic. The Harding Community Center and Senior Center are both on this street, as well as Chase Field where all the kiddos play baseball. Traffic is backed up as it is!! Any additional traffic will put children and . seniors lives in danger.
Sept. 24, 2024
Item #7 Page 92 of 730
Safety -All Carlsbad Fire Stations are located east of 1-5. Emergency Response Vehicle's only access to the Carlsbad Village and responding to Life Guard Beach Emergencies is down CVD. This complex will hinder that access.
Progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Do not approve this project.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Darlene Gillis
3576 Highland Drive
Carlsbad, CA 92008
760-497-4224
City Planner managing this application (Project Number SOP 2023-0014)
Sept. 24, 2024
Item #7 Page 93 of 730
Sept. 24, 2024
Item #7 Page 94 of 730
From: Planning
To: Cynthia Vloeland
Subject: FW: Carlsbad Village Plaza
Date: Wednesday, May 29, 2024 4:52:41 PM
From: Jeanne Herrick <[email protected]>
Sent: Wednesday, May 29, 2024 4:35 PM
To: Planning <[email protected]>
Cc: Jason Goff <[email protected]>
Subject: Carlsbad Village Plaza
From: Jeanne Herrick
Subject: Reject SOP 2023-0014 Carlsbad Village Mixed Use Project Dear Carlsbad Planning Commission Members,
My name is Jeanne Herrick and I have lived in the Village, off of Jefferson Street, on Davis Avenue, since 1983.
I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high-density residential complex. (Project Number SOP 2023-0014) As a longtime resident of Carlsbad, living just up the street from Carlsbad Village Plaza, I frequently use my bicycle or walk to run errands. The proposed redevelopment would significantly
increase my reliance on car travel, or force me to cycle further on larger, busier, more dangerous streets.
This proposed development is not in the best interest of Carlsbad and the residents of Carlsbad
Village. It will destroy the only grocery store in the village, (and don't say Baron's will be the replacement grocery store,
as I know they provide higher priced gourmet options) forcing the residents into more expensive and distant options. It will destroy the only pharmacy in the village, which is important
to seniors and residents with limited mobility. The hardware store will go, as will the French bakery, the cleaners, the CRC resale store (which benefits battered women), the laundromat,
and other local businesses - many of them family owned and operated. These stores will not
return. The retail space will be reduced by 77% and the new space will be more expensive.
These stores are an important resource for the village and must stay.
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic
heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way
that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents."
Sept. 24, 2024
Item #7 Page 95 of 730
I understand that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve.
In light of these points, I urge you to act in the community's best interest by rejecting the proposed development of SOP 2023-0014. Please consider the long-term effects such a project
would have on the fabric of our community and the daily lives of its residents.
Sincerely,
Jeanne Herrick
Carlsbad, CA
Sept. 24, 2024
Item #7 Page 96 of 730
From:
To:
Subject:
Date:
Planning
Cynthia Vigeland
FW: Subject: Reject SDP 2023-0014 Carlsbad Village Mixed Use Project Thursday, May 30, 2024 7:07:40 AM
From: Enchanted Seashells <[email protected]> Sent: Wednesday, May 29, 2024 5:52 PM
To: Planning <[email protected]>; Jason Goff <[email protected]>; Council Internet Email <[email protected]>; Manager Internet Email <[email protected]>; Melanie Burkholder <[email protected]>
Subject: Subject: Reject SDP 2023-0014 Carlsbad Village Mixed Use Project Resending to include this request: Please include in public record.
TO: Carlsbad Planning Commission Members:
As are so many others who care about Carlsbad, I am vehemently opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high density residential complex. (Project Number SDP 2023-0014).
As a forty year resident of Carlsbad, I know -- without a doubt -- that this proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village.
It will destroy the only AFFORDABLE grocery store in the village, forcing the residents into more expensive and distant options.
It will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility.
The hardware store will go, as will the French bakery, the cleaners, the CRC resale store (which benefits battered women), the laundromat, and other local businesses - many of them family owned and operated.
These stores will not return. The retail space will be reduced by 77% and the new space will be more expensive. These stores are an important resource for the village and must stay.
The traffic analysis submitted for this project is seriously flawed.
The project is more than 1 /2 mile away from the Carlsbad Village Station transit center.
Also, the Vehicle Miles Driven (VMT) is miscalculated. This project will not decrease VMT
Sept. 24, 2024
Item #7 Page 97 of 730
by ~20,000. Rather, it will increase VMT by ~20,000. As a result, a full CEQA VMT analysis should have been conducted.
This development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents."
This is the wrong project for this location. It will irreversibly damage the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Doesn't anybody in the position of being a decision maker have any idea what it means to embody coastal culture in design?
In light of these points, I urge you to act in the community's best interest by rejecting the proposed development of SDP 2023-0014 and instead, consider the long-term effects such a project would have on the fabric of our community and the daily lives of its residents.
Sincerely,
Rosanne Bentley
Carlsbad, CA
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Sept. 24, 2024
Item #7 Page 98 of 730
From:
To:
Subject:
Date:
Planning
Cynthia Vigeland
FW: Support for Carlsbad Village Plaza redevelopment
Thursday, May 30, 2024 7:07:54 AM
From: Matthew Thorne <[email protected]>
Sent: Wednesday, May 29, 2024 5:31 PM
To: Planning <[email protected]>; Council Internet Email <[email protected]> Cc: Jason Goff <[email protected]>; Eric Lardy <[email protected]> Subject: Support for Carlsbad Village Plaza redevelopment To whom it may concern:
I just learned about the plans to redevelop the old Smart n Final center in the Village from a friend of mine. It's about time! I know there are some people who are concerned about too much change in the Village or in losing what basically amounts to a strip mall, but I'm choosing to see the opportunity here.
I've been going to the cleaners that are in the center for years and have seen the slow decline.
There are often people loitering in the parl<ing lots or in the alley that goes out to Oak Ave that are clearly up to no good. I'd be curious how often the police get called out there. I believe that this new project will clean up the area. This is the first place people see when they exit the freeway so having a modern, upscale development that reflects the beauty of our city is key! All in all, I support this project and I hope you will too.
Sincerely,
Matt Thorne
1795 Vada Place Carlsbad CA 92008
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Sept. 24, 2024
Item #7 Page 99 of 730
From:
To:
Cc:
Subject:
Date:
Planning
Cynthia Vigeland
Jason Goff
FW: Opposition to the Carlsbad Village Plaza application.
Thursday, May 30, 2024 8:49:35 AM
From: [email protected] <[email protected]> Sent: Thursday, May 30, 2024 7:56 AM
To: Planning <[email protected]>
Subject: Opposition to the Carlsbad Village Plaza application.
As a resident of 'old' Carlsbad for over 25 years, I am opposed to the Carlsbad Village Plaza redevelopment application.
Don MacKay
macl<[email protected]
Sept. 24, 2024
Item #7 Page 100 of 730
5. Retail space will be reduced by 77%, and the cost of the new retail spaces will be prohibitively high.
6. Increased vehicle miles traveled will result as residents are forced to drive further to access similar retail establishments.
7. The project contradicts the objectives of the Carlsbad Village and Barrio Master Plan, which emphasizes preserving
neighborhood character and meeting the daily needs of
residents.
In light of these points, we urge you to act in the community's best interest by rejecting the proposed development of SOP 2023-0014. Please consider the long term effects such a project would have on the fabric of our community and the daily lives of its residents.
Thank you for your attention to this urgent matter.
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Sept. 24, 2024
Item #7 Page 101 of 730
From:
To:
Subject:
Date:
Planning
Cynthia Vigeland
FW: Carlsbad Village Plaza OPPOSillON
Thursday, May 30, 2024 1:09:47 PM
From: Heather Hirschkoff <[email protected]>
Sent: Thursday, May 30, 2024 11:51 AM
To: Planning <[email protected]>
Cc: Jason Goff <[email protected]>
Subject: Carlsbad Village Plaza OPPOSITION
I would like to express my opinion as a long time resident of Carlsbad. I frequent nearly every one of these businesses in this square and am devastated at the idea of losing them.
In addition, it is one of the quaint centers that make up the old village feel of our city! I am absolutely opposed to tearing down and replacing with multi story residences even if low income or whatever. Please STOP destroying our downtown Carlsbad Village feeling!!!!
Sincerely,
Heather Hirschkoff
Get Outlook for iOS
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Sept. 24, 2024
Item #7 Page 102 of 730
From: [email protected] <[email protected]>
Sent: Thursday, May 301 2024 1:28 PM
To: Planning <[email protected]>; Council Internet Email <[email protected]!.> Cc: Jason Goff <[email protected]>; Eric Lardy <[email protected]> Subject: Support for Carlsbad Village Plaza redevelopment Hello City Council and Commissioners. Please see attached letter of support for the Carlsbad Village Plaza redevelopment.
Hello Mayor Blacl<burn, Chairman Kamenjarin and members of the City Council and Planning Commission,
I would have lil<ed to attend the Planning Commission hearing on 6/5, but unfortunately, that is the same day as 5th grade graduation. I hope these comments in support of the redevelopment of the Carlsbad Village Plaza can be considered when you mal<e your decision.
I've lived in Carlsbad for 1 0 years and have been generally supportive of the growth and development that has tal<en place. The implementation of the Village and Barrio Master Plan has resulted in new investment that has reinvigorated the Village. We've always loved the charm of the local businesses, and how there's even more to enjoy.
Today I'm writing specifically about the plans to redevelop the Village Plaza. With the increase in services lil<e lnstacart and Amazon Fresh, how people get their groceries is evolving. However, I was still concerned to hear that Smart n Final would be going away. To that end, 1 lil<e that the developer is mal<ing plans for a new marl<et. I l<now this is big for the community too. I saw on Facebool< that Baron's is also coming to the Village! With the approval of this project, that will mean two quality options for residents.
As we've seen with other infill projects in the Village and Barrio, there is a good way to develop and a bad way. This particular project lool<s pretty good to me.
Sincerely,
Raj Chandani
3051 Rancho Del Canon
Carlsbad, CA 92009
Sept. 24, 2024
Item #7 Page 103 of 730
From: Planning
To: Cynthia Vigeland
Subject: FW: Carlsbad Village Plaza
Date: Thursday, May 30, 2024 3:30:08 PM
From: George Groza <[email protected]>
Sent: Thursday, May 30, 2024 2:10 PM
To: Planning <[email protected]>; Jason Goff <[email protected]> Subject: Carlsbad Village Plaza
Good afternoon,
I will be unable to make it to the meeting next week, but I would like to register my opposition to closing down and re-developing Carlsbad Village Plaza. There are multiple small businesses that make their home there such as the sushi restaurant that was not able to re-open after the fire.
Respectfully,
George Groza
Carlsbad Homeowner since 2012
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Sept. 24, 2024
Item #7 Page 104 of 730
From:
To:
Subject:
Date:
Planning
Cynthia Vigeland
FW: Opposition to the Carlsbad Village Plaza redevelopment plan (Project Number SDP 2023-0014) Thursday, May 30, 2024 3:30:24 PM
From: Keith Hunter <[email protected]>
Sent: Thursday, May 30, 2024 2:55 PM
To: Planning <[email protected]>; Council Internet Email <[email protected]> Cc: Jason Goff <[email protected]>
Subject: Opposition to the Carlsbad Village Plaza redevelopment plan (Project Number SDP 2023- 0014)
Dear Carlsbad Planning Commission Members, Mayor and City Council Members, I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high-density residential complex. (Project Number SOP 2023-0014) I moved my family to Carlsbad about 8 years ago. A big part of why we moved here is the small town feel of the Village's city center and the historic neighborhoods that surround it.
I've watched with dismay as this small town feel is quickly dwindling. Properties sold to speculative out of town developers are being transformed at an alarming pace into spaces that displace long-time local businesses and don't support the essential services the community actually needs.
These developers typically use loopholes under the Trojan Horse of "affordable housing" to maximize density; flout traffic and parking standards; and build monolithic multi-story buildings that are over the height limit and extend right up to the edge of the lot lines. It's clear that they simply do not care about actually providing affordable housing, contributing to the local community or preserving the character of the village. They are simply maximizing their ROI and getting away with as much as they can with a seemingly compliant planning commission and complicit city leadership.
The fealty of these developers is to their boards and shareholders, not to the citizens of Carlsbad. Their motivation is driven by fiduciary responsibility to company stakeholders rather than to the people who actually live and work here. Those who benefit from these new structures primarily seem to be real estate investors, the independently wealthy and large retail conglomerations. They are the only ones who actually have the means to meet the exorbitant price tag to purchase or rent space in these new properties, further displacing mom and pop businesses, teachers, seniors, veterans and generations born and raised here that now find themselves now priced out of where they grew up.
While it might be compelling to see the additional revenue flowing into the city's tax base, ultimately Carlsbad may fall victim to its own short-term success and become a desert of empty short-term rentals and abandoned storefronts. Who can actually sustain forking out $4,000 per month for a studio apartment and justify purchasing $30 sandwiches for lunch on a regular basis? What is the urban planning logic behind requiring Village residents to drive outside city limits to find a hardware store or laundromat?
Sept. 24, 2024
Item #7 Page 105 of 730
This proposed development is not in the best interest of Carlsbad and the residents of Carlsbad Village. It will destroy the only grocery store in the village, forcing the residents into more expensive and distant options. It will destroy the only pharmacy in the village, which is important to seniors and residents with limited mobility. The hardware store will go, as will the French bakery, the cleaners, the CRC resale store (which benefits battered women), the laundromat, and other local businesses - many of them family owned and operated. These stores will not return. The retail space will be reduced by 77% and the new space will be much more costly. These stores are an important resource for the village and must stay.
Further, the traffic analysis submitted for this project is seriously flawed. The project is more than 1/2 mile away from the Carlsbad Village Station transit center. Also, the Vehicle Miles Driven (VMT) is miscalculated. This project will not decrease VMT by ~20,000. Rather, it will increase VMT by ~20,000. As a result, a full CEQA VMT analysis should have been conducted.
What's more, this development is inconsistent with the vision documented in the Carlsbad Village and Barrio Master Plan. Specifically, this plan calls for the village to "serve as the historic heart of the city, honoring Carlsbad's past and creating a strong sense of community" in a way that "encourages preservation of each neighborhood's character" and "provides for the daily needs of nearby residents."
This project will irreversibly alter the character of the Carlsbad Village, increase car traffic and congestion in an already impacted area and eliminate long-time local businesses that serve Carlsbad citizens.
I urge you to act in the community's best interest by rejecting the proposed development of SOP 2023-0014. Please consider the long-term effects such a project would have on the fabric of our community and the daily lives of its residents.
I would like to also remind you that the community votes. We have a voice and we're paying attention to decisions being made, supposedly on our behalf. If these decisions are not in the best interest of the actual citizens of this city, then you can be sure there will be motivation to make significant changes to its leadership and the departments under its jurisdiction.
Please notify me when any public hearings are scheduled regarding this project.
Also, please include this letter as part of the public record for this subject (Project Number SOP 2023-0014) and the associated Planning Commission meeting set for next week.
Thank you,
Sincerely,
Keith A Hunter
949-244-3943
'@
1CAUTION.i Do not open attachments or click on links unless you reco nize the sender and
Sept. 24, 2024
Item #7 Page 106 of 730
From:
To:
Subject:
Date:
Planning
Cynthia Vigeland; �
FW: Carlsbad Village Plaza
Friday, May 31, 2024 7:38:48 AM
___ ., ______________________
From: leh2 <[email protected]>
Sent: Thursday, May 30, 2024 10:08 PM
To: Planning <[email protected]>
Subject: Carlsbad Village Plaza
I am strongly opposed to any development that would cause Carlsbad Pharmacy to move. My daughter needs special meds that other pharmacies can't fill. Thank you, Anne Lehmunn
Sent from AOL on Android
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Sept. 24, 2024
Item #7 Page 107 of 730
From:
To:
Cc:
Subject:
Date:
Planning
Cynthia Vigeland
Jason Goff
FW: project on CB Village and 15
Friday, May 31, 2024 7:38:23 AM
From: George Alves Jr <[email protected]>
Sent: Thursday, May 30, 2024 9:17 PM
To: Planning <[email protected]>
Subject: project on CB Village and iS
Yes, I/ we support this project. We feel it is the progress for the neighborhood and surrounding communities.
Yes is our vote.
George Alves Jr.
760-805-5663
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Sept. 24, 2024
Item #7 Page 108 of 730
From:
To:
Subject:
Date:
Planning
Cynthia Vigeland
FW: Redevelopment of Carlsbad Plaza
Friday, May 31, 2024 7:39:10 AM
From: Joni Landfield <[email protected]>
Sent: Thursday, May 30, 2024 11:04 PM
To: Planning <[email protected]>; Jason Goff <[email protected]> Subject: Fw: Redevelopment of Carlsbad Plaza
Dear Jason and Members of the Carlsbad Planning Commission, I would like this email below to be entered in the public record regarding proposed project SDP 2023-0014.
Thank you.
Joni
From: Joni Landfield <[email protected]>
Sent: Wednesday, May 29, 2024 1:08 PM
To: [email protected] <[email protected]>; iason.goff(a)carlsbadca.gov <iason .goff@ca rlsbadca .gQY>
Subject: Redevelopment of Carlsbad Plaza
Dear Jason and Members of the Carlsbad Planning Commission, I would like to request your no vote on the project SDP 2023-0014. This is regarding the development of the property near the 5 freeway and Carlsbad Village Drive. Why am I suggesting a no vote on this? Carlsbad may in fact need more housing, This particular location would not seem like the best option for that. This shopping plaza has been serving Carlsbad residents for years. Not only local residents, (including seniors,) but other cities as well. Businesses such as the grocery store, bakery, laundry mat, hardware store etc, are an integral part of the community and many residents depend on them. There are people who don't want to or can't get to a large box type hardware store (such as Home Depot or Lowes.) This is one of the few smaller hardware stores in the area. Local residents rely on the laundry mat. These small or independently owned businesses may not survive an indefinite closure, and there is no guaranteeing they will return ... (despite whatever assurances developers give.)
Sept. 24, 2024
Item #7 Page 109 of 730
I ask that you vote no on this project to respect the community, Carlsbad residents, and their needs. Development may be inevitable. Tearing down businesses that are assisting Carlsbad residents to have a better way of life is not the way to go about it.
Thank you.
Sincerely,
Joni Landfield
!CAUTION.] Do not open attachments or click on links unless you recognize the sender and know the content is safe.I
Sept. 24, 2024
Item #7 Page 110 of 730
From: EJ SHIRING <[email protected]>
Sent: Friday, May 31, 2024 11:36 AM
To: Jason Goff <[email protected]>; Planning <[email protected]> Subject: Carlsbad Village Plaza Plan
I will not be able to attend the planning meeting for the proposed high density business/residential development planned for the smart and final store location currently on Carlsbad Village Drive. I am a long time resident of Carlsbad at 2730 Chestnut Avenue and am very opposed to this project. I think it would continue to destroy the small town village feel of downtown Carlsbad making it look more and more like something out of LA/OC. Please reconsider this signficant overbuilding of that site that would bring extraordinary traffic so close to the freeway and ruin the small town beach town feel that we are desperately trying to hold on to! Regards,
Eric Shiring
Sept. 24, 2024
Item #7 Page 111 of 730
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Item #7 Page 113 of 730
From:
To:
Subject:
Date:
Katherine Smith-Brooks
Eric Lardy; Jason Goff
URGENT: Development of Smart And Final area/parcel
Friday, May 31, 2024 6:53:40 PM
For introduction at June 5, 2024 CofC Planning meeting! Dear Mr. Lardy and Goff,
I am writing regarding the development of the area bounded by CVD and Oak Ave in Carlsbad, the Carlsbad Village Plaza. I moved to Carlsbad in 1969 following the death ofmy husband a Major USM C in Vietnam for the excellent schools and community environment. Obviously, there have been many changes, some of them good, some of them not so good.
The plan to obliterate the area with the Smmi and Final and other convenient shops is beyond my comprehension.
Although I live East ofI-5, I shop at this center on a regular basis in and out ofmy trips to "downtown" Carlsbad.
This will not be a Live Well delopment!
Please consider locating elsewhere and building up the businesses already in this parcel ofland! Thank you for a reply!
Katherine Smith-Brooks MA
3585 Catalina Dr
Carlsbad, CA 92010
The Brooks
619 991-2942 K
858 451-5787 H-RB
[email protected]
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Sept. 24, 2024
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Sept. 24, 2024
Item #7 Page 328 of 730
150FT +/-OFF CVD
tall st trees 10 scft!:n bldg heights
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Facade A I Facade B L 4 stones 3 stories 11§.!LL
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page 4of5
339
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VIEWS FROM CARLSBAD VILLAGE DRIVE
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From:
To:
Cc:
Subject:
Date:
Jason QzjeJ
.eJ.annlag
Eric Lardy
Please reject SDP 2023-0014 (DEV2023-0078) - CARLSBAD VILLAGE MIXED USE Wednesday, July 17, 2024 12:28:21 PM
Dear Planning Commission,
Thank you for continuing this issue to the meeting tonight. As a 21-year homeowner and resident in Olde Carlsbad, I am urging you to DENY the proposed development that will eliminate Smart & Final, Denault's Ace Hardware and many other cherished local businesses.
This project is so far out of scope for the downtown area and will be detriment to the quality of life for the residents of the area.
Rather than rehash all of the points that others have expressed, I URGE you to READ all of the comments to determine how the citizens you serve feel. The overwhelming sentiment is that this is the wrong location for a project of this scale.
Please do the right thing and DO NOT move this project forward. The people have spoken.
LISTEN TO THEM!
Regards,
Jason Oziel
Tamarack Ave Resident
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384
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July 16, 2024
Carlsbad Village Mixed Use
SDP-2023-0014
RE: COMMENTS AND CLARIFICATION REQUEST FOR SEVERAL STAFF FINDINGS IN THEIR REPORT Honorable Planning Chairman and Commissioners,
Ther some items I am requesting clarification or additional scope of work or specific Conditions of Approval be added to the Project and completed before the Planning Commission approves this information. This is too important of a decision to not have supporting accurate data or scientific facts. This project affects all Carlsbad Residents accessing the "Village" restaurants and shopping from Carlsbad Village Drive and mostly the small business owners.
I am a Carlsbad resident who was asked by some local family friends to review the information about the subject Project. I shop at Smart & Final and Ace Hardware to support local businesses.
This research is provided for them and explaining this in non-Engineering or Planning terms for their understanding.
I apologize for the late comments, however; their frustration over the explanations was voiced to me. I am not being compensated or retained for my time.
I am genuinely concerned about the impact of this Project at the entry to the Village area. The lack of parking for the Project is a real problem regardless of Overlay Zone allowances.
Negative Dec. issued by City Staff:
My planning experience is limited and most of my public speaking and input are about Construction procedures, however; the power consumption seems to be overlooked in the analysis which is a component of CEQA. The current power load for 12 individual businesses is approximately 3,000 amps at 240/120v conversion is 720kw. The proposed development is 218 DU meters x 1 00a = 21,800a at 120v conversion to 2,616kw excluding power for Market and Restaurant. The new Project will require 7X more power than the existing center. The power from SDG&E is not from a 100% renewable source, this means the power affects natural resources and may not be subject to Neg Dec. It is also unclear whether the Development will utilize natural gas service or completely electric.
Energy
Would the project
Less Than
Potentially Significant Less-Than
Significant With Mitigation Significant No
Item Impact Description lmoact lncorporatad Impact Impact A Result In potentially No
significant environmental Impact
impact due to wasteful,
Inefficient, or
unnecessary
consumption of energy
resources, durlng project
construction or
operation?
B Conflict with or obstruct a No
state or local plan for Impact
renewable energy or
energv elliclencv?
I was unable to determine from the City Staff file if there is any Solar Panel or Battery Backup System to at least cover parking area lighting, common area lighting or parking garage to reduce consumption as much feasible and reduce load on SDG&E Power Grid. Did the Developer provide a power analysis and was a Will Serve letter from SDG&E secured? Additionally, the power upgrade delineated may not reflect the size and intensity of the power needed as larger overhead utility lines to feed the project. 386
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�ugust 15, 2023
Carlsbad City Planning Commission
City Hall - Council Chamber
1200 Carlsbad Village Drive
Carlsbad, California 92008
RE: Carlsbad Village Plaza proposed development
Ladies & Gentlemen:
City of Carlsbad
AUG 16 ·2023 .
Community Development
Department
I am writing in regardto the proposed development for the property of Carlsbad Village Plaza justwest of Interstate 5. I am vehemently opposed to this plan!! I am a lifetime resident of Carlsbad and in general have found our growth to be well done and planned.
Unfortunately in the last fevv
)
r�ars 11'.lore and more of our quaint, "hometown style" downtown are� has been taken over by overly large (particularly tall) new buildings. These have obscured the once welcoming area and made it appear more and more like a big city is overtaking my hometown. This proposal not only eliminates the one remaining small hardware store that everyone (including me) relies on for many items, but also the only remaining ''grocery" store in the area.
The idea of a five story building as you get off the freeway is repugnant and should not be allowed. Calling this "transit oriented" is just another way of saying . the developer wants to use every loophok possible to cram more units into a small space.
I urge you to reject this plan and look at something more in line with our small town image that has been in place since the incorporation of Carlsbad.
Yours truly,
a atiJI; �
Rebecca A. Doty-Rogers
2292 Bryant Drive
Carlsbad, CA 92,008
29 Sept. 24, 2024
Item #7 Page 395 of 730
From: Allegra Frost
To: Cynthia Vigeland
Cc: Eric Lardy
Subject: FW: Regarding Carlsbad Village Plaza
Date: Monday, August 26, 2024 5:03:51 PM
CV Mixed Use Project – public input
From: Michelle Adams <[email protected]>
Sent: Monday, August 26, 2024 1:09:38 PM
To: Keith Blackburn <[email protected]>; Melanie Burkholder <[email protected]>; Carolyn Luna <[email protected]>; Priya Bhat- Patel <[email protected]>; Teresa Acosta <[email protected]> Subject: Regarding Carlsbad Village Plaza
Dear Carlsbad Planning Commision Members / Mayor / City Council Members,
I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high-density residential complex. (Project Number SDP 2023-0014)
I have lived in Leucadia and Carlsbad for 50 years.
I frequent the thrift shops, the Ace Hardware, Smart and Final, the French pastry shop about 2-3 times a month--especially Ace because Home Depot and Lowes swallow up the little mom and pop shops--and okay, twice in my life, have been to the Golden Tee. And you just have to have a legit dive bar! :)
I am SO upset and disappointed that our City’s planning process does not give its citizens adequate time to identify issues and register an appeal against key decisions, even if those decisions are based on significantly flawed information.
I understand that state housing laws restrict your ability to deny this project. However, you still have the ability to make changes to it. I ask you to PLEASE consider these impacts--
we're becoming a generic area that is losing it's charm...it's called the village for a reason:
Irreversible loss of essential services.
The Plaza includes an affordable grocery store, a hardware store, a pharmacy, multiple restaurants/cafes, a cleaners, discount stores, and other businesses. Once these are gone, they won’t be coming back.
Sept. 24, 2024
Item #7 Page 396 of 730
Creates hardship for vulnerable residents.
The demolition of the Plaza will create hardship for nearby residents, including the estimated 3,500 seniors and other fixed-income residents in the Village/Barrio area.
Many do not drive and rely on local shopping. The removal of the grocery store will create
a food desert: “an urban area in which it is difficult to buy affordable or good-quality fresh food.”
More traffic congestion on Carlsbad Village Drive and side streets.
The project will lead to a huge increase in “vehicle miles traveled” (VMT) for two reasons: 1) current shopping center customers will need to drive further for the same services and 2) the project will add 218 new residences in a highly concentrated space.
This additional traffic will further clog area streets and add to greenhouse gas emissions, creating negative environmental impacts.
Inadequate notification.
Public outreach was minimal, and many of the City’s own requirements were not met (e.g., disclosure of square footage, maximum height, the review/approval process, and timelines). Despite these deficiencies, city staff approved the outreach, and now thousands
of people who were not made aware of the project have signed petitions, submitted public comment letters, and overflowed the council chambers at three consecutive Planning Commission meetings. Clearly the outreach failed.
Sept. 24, 2024
Item #7 Page 397 of 730
No time for the public to react.
The public is given only a 10 day appeal period for many of the key decisions related to this project. Due to the heavy handed state housing laws, the public has no legal recourse if an appeal is not lodged within this ridiculously short appeal period.
Loss of decision-making authority.
By the time projects like this reach the decision-making bodies (Planning Commission or City Council), city staff have waived public outreach, exempted environment impact reporting requirements, and made all of the key decisions related to approval.
Will you please consider the following??
Send the project back for additional public review.
Do a proper public outreach that gives all affected residents an opportunity to learn more about the project and provide feedback.
Send the traffic study (aka VMT Analysis) back for rework.
Demand that the study includes a realistic assessment of the added mileage created by Plaza customers who will have to drive further for similar services. The faulty Sept. 24, 2024
Item #7 Page 398 of 730
assessment is a key reason why a full environmental impact report was not required.
Eliminate the need for a 5-story height waiver.
The site has plenty of room to accommodate the apartment buildings without exceeding the City’s 4-story height limit. Options include residential over retail and underground parking. Don’t pollute our skyline!
Be consistent with transit-oriented development.
This project was approved in part because it’s considered transit-oriented. Reduce or eliminate the massive parking garage. Encourage alternative modes of transportation, such as car-sharing and free transit passes to the residents. Eliminate exclusive parking
for residents.
Combine the site into one parcel.
The site application proposes dividing the lot into two parcels, one for the residential units and one for the commercial retail. However, there is nothing stopping the developer from turning the commercial parcel into more residential units once the original
project is approved. The Planning Department will issue a Notice of Restriction to prevent this from happening, but this restriction can be easily waived later. This is not good enough - combine the parcels now!
Sept. 24, 2024
Item #7 Page 399 of 730
Remove the CEQA exemption power of the City Planner.
This is what got us into this mess in the first place. For large, complex projects of this type, the decision to exempt CEQA requirements should be made by the Planning Commission at a public hearing.
Update VMT Analysis Guidelines.
The current guidelines are ambiguous and incomplete, allowing blatantly incorrect calculations to be approved.
No bait and switch.
Scrutinize the policy that allows staff to approve up to 100% project changes after approval.
This is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, the character that I and so many residents wish to preserve. Consider the long-term effects such a project will have on the daily lives of our residents, especially the undue hardship to the many seniors trying to age in place with dignity as well as those with limited mobility.
In light of these points, I urge you to act in your constituents best interest regarding this proposed development.
Sept. 24, 2024
Item #7 Page 400 of 730
Please notify me when any public hearings are scheduled regarding this project.
Thank you.
Sincerely,
Michelle Adams
2846 Castilla Place
Carlsbad, CA 92009
760-585-8286
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Sept. 24, 2024
Item #7 Page 401 of 730
Jason Goff
From:
To:
Subject:
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[email protected]
Jason Goff
FW: Save the Carlsbad Village Plaza
From: Dr Yvonne K Scarlett <[email protected]>
Sent: Monday, August 26, 2024 5:19:45 PM
To: Keith Blackburn <[email protected]>; Melanie Burkholder <[email protected]>; Carolyn Luna <[email protected]>; Priya Bhat-Patel <[email protected]>; Teresa Acosta <[email protected]>; [email protected] <[email protected]> Subject: Save the Carlsbad Village Plaza
Dear Carlsbad Planning Commision Members / Mayor / City Council Members, I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high density residential complex. (Project Number SOP 2023-0014) I am a Carlsbad resident of 8 years and a business owner for approximately 11years.
I am upset and disappointed that our City's planning process does not give its citizens adequate time to identify issues and register an appeal against key decisions, even if those decisions are based on significantly flawed information.
I understand that state housing laws restrict your ability to deny this project. However, you still have the ability to make changes to it. I ask you to consider:
1. the irreversible loss of essential services. The Plaza includes an affordable grocery store, a hardware store, a pharmacy, multiple restaurants/cafes, a cleaners, discount stores, and other businesses. Once these are gone, they won't be coming back.
This would create hardship for vulnerable residents. The demolition of the Plaza will create hardship for nearby residents, including the estimated 3,500 seniors and other fixed-income residents in the Village/Barrio area. Many do not drive and rely on local shopping. The removal of the grocery store will create a food desert: "an urban area in which it is difficult to buy affordable or good-quality fresh food."
2. More traffic congestion on Carlsbad Village Drive and side streets. The project will lead to a huge increase in "vehicle miles traveled" (VMT) for two reasons: 1) current shopping center customers will need to drive further for the same services and 2) the project will add 218 new residences in a highly concentrated space. This additional traffic will further clog area streets and add to greenhouse gas emissions, creating negative environmental impacts.
3. Inadequate notification. Public outreach was minimal, and many of the City's own requirements were not met (e.g., disclosure of square footage, maximum height, the review/approval process, and timelines). Despite these deficiencies, city staff approved the outreach, and now thousands of people who were not made aware of the project have signed petitions, submitted public comment letters, and 1 Sept. 24, 2024
Item #7 Page 402 of 730
overflowed the council chambers at three consecutive Planning Commission meetings. Clearly the outreach failed.
No time for the public to react. The public is given only a 1 Oday appeal period for many of the key decisions related to this project. Due to the heavy handed state housing laws, the public has no legal recourse if an appeal is not lodged within this ridiculously short appeal period.
This process is inherently unfair. I ask the City Council members to join our fight.
Would you please send the project back for additional public review. Do a proper public outreach that gives all affected residents an opportunity to learn more about the project and provide feedback.
Send the traffic study (aka VMT Analysis) back for rework. Would you demand that the study includes a realistic assessment of the added mileage created by Plaza customers who will have to drive further for similar services. The faulty assessment is a key reason why a full environmental impact report was not required.
Please, pleasec eliminate the need for a 5-story height waiver. The site has plenty of room to accommodate the apartment buildings without exceeding the City's 4-story height limit. Options include residential over retail and underground parking. Please don't pollute our skyline! Can we be consistent with transit-oriented development. This project was approved in part because it's considered transit-oriented. Please, please, reduce or eliminate the massive parking garage, and encourage alternative modes of transportation, such as car-sharing and free transit passes to the residents. Eliminate exclusive parking for residents.
Combine the site into one parcel. The site application proposes dividing the lot into two parcels, one for the residential units and one for the commercial retail. However, there is nothing stopping the developer from turning the commercial parcel into more residential units once the original project is approved. The Planning Department will issue a Notice of Restriction to prevent this from happening, but this restriction can be easily waived later. This is not good enough - Please combine the parcels now! Remove the CEQA exemption power of the City Planner. This is what got us into this mess in the first place. For large, complex projects of this type, the decision to exempt CEQA requirements should be made by the Planning Commission at a public hearing.
Update VMT Analysis Guidelines. The current guidelines are ambiguous and incomplete, allowing blatantly incorrect calculations to be approved.
No bait and switch. Scrutinize the policy that allows staff to approve up to 100% project changes after approval.
I understand that progress is inevitable, but this is the wrong project for this location. It will irreversibly alter the character of the Carlsbad Village, which is why I chose to live here, the character that I and so many residents wish to preserve. Consider the long-term effects such a project will have on the daily lives of our residents, especially the undue hardship to the many seniors trying to age in place with dignity as well as those with limited mobility.
In light of these points, I urge you to act in your constituents best interest regarding this proposed development..
Please notify me when any public hearings are scheduled regarding this project. Thank you. 2 Sept. 24, 2024
Item #7 Page 403 of 730
Sincerely,
Dr. Yvonne I< Scarlett
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3 Sept. 24, 2024
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From: Priya Bhat-Patel <[email protected]> Sent: Monday, September 9, 2024 4:57 PM
To: City Clerk <[email protected]>
Subject: Fwd: Please Save Carlsbad Village Plaza
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From: Andrea Ryon <[email protected]>
Sent: Monday, September 9, 2024 3:28:25 PM
To: Keith Blackburn <[email protected]>; Carolyn Luna <[email protected]>; Priya Bhat-Patel <[email protected]>; Melanie Burkholder <[email protected]>; Teresa Acosta <[email protected]>
Subject: Please Save Carlsbad Village Plaza
Dear Mayor Keith Blackburn and Carlsbad City Council members:
My husband and I are strongly opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high-density residential complex. We have lived in Carlsbad (92008) for nearly 40 years, moving here from the east coast in 1985. We saw it as "paradise" to say the least! Though we understand growth and change is inevitable, the proposed redevelopment of Carlsbad Village Plaza seems drastically out of place for our city.
The existing Carlsbad Village Plaza is so important to our daily life in this city! We shop and use services there every single week! Having the True Value 2 -3 minutes away from our home has been a lifesaver so many times as we needed just one nail or screw or whatever to finish a project. The next closest hardware store is Home Depot, 12 - 15 minutes away. And having a cleaners, full grocery store, thrift store, discount store, bakery, etc. etc. all in one place is so convenient for us and all of the nearby residents, including many seniors and low income families west of I-5.
In addition, we believe traffic congestion will be much worse with high density housing on both sides of Carlsbad Village Drive.
We strongly urge you to please do all that you can to oppose or at least limit this development.
In our opinion, it is not what Carlsbad citizens want for their city!
Thank you!
Sincerely,
Roger and Andrea Ryon
1686 Brady Circle
Carlsbad 92008
Sept. 24, 2024
Item #7 Page 407 of 730
From: Council Internet Email
To: Eric Lardy
Subject: FW: Carlsbad Village Plaza - Project Number SDP2023-0014 Date: Tuesday, September 10, 2024 9:01:05 AM
From: Karen Hackett <[email protected]>
Sent: Monday, September 9, 2024 4:49 PM
To: Council Internet Email <[email protected]>; Keith Blackburn <[email protected]>; Priya Bhat-Patel <[email protected]>; Melanie Burkholder <[email protected]>; Carolyn Luna <[email protected]>; Teresa Acosta <[email protected]>
Subject: Carlsbad Village Plaza - Project Number SDP2023-0014
Dear City Council Members / Planning Commission
This letter is written in opposition to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed-use high-density residential complex. (Project Number SDP 2023- 0014)
I moved to Carlsbad in 2017 from the Pasadena area to live close to family, who have been Carlsbad residents for more than twenty years. We were drawn to the charming village beach life, which we have seen evolve into the urban problems which currently plague Los Angeles and other California cities such as increased traffic, homelessness, and crime associated with selected government sanctioned housing developments such as Windsor Pointe.
Although, I concur that the Carlsbad Village Plaza could use a facelift, the current proposed development would drastically alter the character of the Village in several areas:
1. Loss of essential services: grocery store, hardware store, bakery and more which would probably never be replaced due to higher rents.
2. More traffic congestion on Carlsbad Village Drive and side streets. The project will lead to a huge increase in “vehicle miles traveled” (VMT) for two reasons: 1) current shopping center customers will need to drive further for the same services and 2) the project will add 218 new residences in a highly concentrated space. This additional traffic will further clog area streets and add to greenhouse gas emissions, creating negative environmental impacts.
3. Inadequate notification. Public outreach was minimal, and many of the City’s own requirements were not met (e.g., disclosure of square footage, maximum height, the review/approval process, and timelines). Despite these deficiencies, city staff approved the outreach, and now thousands of people who were not made aware of the project have signed petitions, submitted public comment letters, and overflowed the council chambers at three consecutive Planning Commission meetings. Clearly the outreach failed.
I understand that state housing laws restrict your ability to deny this project. However, you Sept. 24, 2024
Item #7 Page 408 of 730
From: Scott Chadwick <[email protected]>
Sent: Wednesday, September 11, 2024 1:24 PM
To: Sheila Cobian <[email protected]>; Jeff Murphy <[email protected]>; Cindie McMahon <[email protected]>
Subject: Fwd: CVMU and related PowerPoint and discussion/questions
Providing this ex parte communication related to the sept 24 city council mgr.
Scott Chadwick
City Manager
City of Carlsbad
(Sent from my iPhone)
From: Teresa Acosta <[email protected]>
Sent: Wednesday, September 11, 2024 11:47:18 AM
To: Scott Chadwick <[email protected]>
Subject: Fwd: CVMU and related PowerPoint and discussion/questions Get Outlook for iOS
From: Teresa Acosta <[email protected]>
Sent: Wednesday, September 11, 2024 11:42:37 AM
To: Steve Linke <[email protected]>
Subject: Re: CVMU and related PowerPoint and discussion/questions
Received. Thank you very much!
Teresa
Get Outlook for iOS
From: Steve Linke <[email protected]>
Sent: Tuesday, September 10, 2024 5:50:55 PM
To: Teresa Acosta <[email protected]>
Subject: CVMU and related PowerPoint and discussion/questions
Hi Teresa,
The PowerPoint for this morning's ex parte meeting is attached. It leads to a number of questions that can be asked of staff and/or the City Attorney, which I have included below.
Sorry, it is difficult to write concise questions without providing background/rationale, so this is mostly just a reflection of the PowerPoint (not just questions). I hope you can read through all of this and pick out the things you want to ask.
Sept. 24, 2024
Item #7 Page 409 of 730
Enhanced stakeholder outreach deficiencies (Council Policy 84)
Who makes the final determination that a developer has complied with Council Policy 84-- staff or the decision-makers (City Council/Planning Commission)? If staff decides, which staff member(s)? When during the development review process is this decision made? Can this decision be reversed by the decision-makers with a requirement for further public review, or is this a unilateral and non-appealable staff decision that is already final before any public meetings are held?
Council Policy 84 requires that Mailed Notices include the square footages and maximum heights of buildings. Where in the CVMU Mailed Notice were these required components included for the residential and parking garage buildings?
Council Policy 84 requires that Public Outreach Information/Materials describe the "review/approval process" and the "expected timeframe of project construction"? The only evident public outreach information produced for CVMU was a website with the URL snail mailed to property owners within 600 feet of the project site. Where on that website were these required components included?
Council Policy 84 also requires that staff disclose projects subject to Enhanced Stakeholder Outreach and the contact information of the applicant, which they typically do by highlighting them (bold italics) on the monthly online Planning Pending Applications report. Where on the reports is the CVMU project highlighted and developer contact information included?
Council Policy 84 requires that the developer submit an Enhanced Stakeholder Outreach Report demonstrating engagement with the public (not just informing) and commitments or follow-up actions to be taken arising from the engagement. On 2/20/2024, the planner on the project, Mr. Goff, wrote an email to City Planner Lardy expressing concern that the developer had done nothing beyond publishing a web site with no follow-up. After that, there were apparently two undocumented meetings with business associations not broadly advertised with residents--one with the Carlsbad Village Association and one with the Carlsbad Chamber of Commerce (held on weekdays during work hours with no list of invitees/participants or reports of feedback received/actions taken). In staff's opinion, did the CVMU public outreach and the submitted Enhanced Stakeholder Outreach Report meet the "letter" of all of the requirements of Council Policy 84, including engaging and reporting on commitments in response to public input? Did the report meet the "spirit" of Council Policy 84?
Policy 84 states: “Within two years of the initial effective date of this policy, the City Planner shall review and report to the City Council as to its effectiveness, and provide a recommendation whether to continue the policy in its current or modified form.” The policy was adopted in 2017. Have any follow-up reviews occurred? Regardless, we would like a fresh review of the policy to be placed on a future council agenda.
Sept. 24, 2024
Item #7 Page 410 of 730
Mixed -use lot configuration and requirement to co-develop residential and commercial
Carlsbad's Density Bonus Law Informational Bulletin states on Page 6 of 7: “The developer must provide sufficient documentation justifying why the city’s established development standard(s) or design regulation(s) physically preclude construction of the project and why the waiver(s) is necessary. Sufficient documentation may include a written explanation of the physical constraints accompanied with an exhibit showing the site and developable envelope.” The applicant is apparently claiming that the physical constraints of the project site require the height-based development waiver to build five residential stories. However, the project is currently split between a commercial lot and a residential lot, and the acreages of both lots were included in the density bonus calculation, even though all of the residential units are only on the residential lot. Why do we have to allow developers to include separate non-residential lots (with lot lines of their choosing) in their residential density bonus calculations? If the applicant insists on having two separate lots, shouldn't the density bonus only apply to the residential lot, as it does in other cities like Menlo Park?
Where is the documentation described in the bulletin showing the developable envelope and physical constraints, requiring the development waiver to five stories?
If, for some reason, it is not possible to restrict the density bonus to the acreage of only the residential lot--given the fact that the applicant has presented this project as an integrated mixed-use development, can council require consolidation of the lots into a single lot, which was done for Hope Apartments across the street? This will help ensure that the commercial component is never converted to residential, which has happened with other developments (albeit not related to a density bonus)?
Also, can council add a "condition of approval" that the commercial component must be developed before or concurrent with the residential component (Jeff Murphy said that the City Attorney is exploring this possibility)?
CVMU Condition of Approval #12 is a "Notice of Restriction" and Jeff Murphy mentioned a "dedication," which have been suggested as things that will tie the lots together to preclude future conversion of the commercial lot to residential. However, the City Planner appears to have unilateral authority to waive the restriction--apparently as well as any other conditions of approval. Can council modify Condition of Approval #12 to remove the City Planner's unilateral authority to waive restrictions/conditions without further public/decision-maker input?
Can/should Carlsbad's Density Bonus Ordinance be amended to clarify that it only applies to the residential lots within mixed-use developments?
Sept. 24, 2024
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Public health exception to CEQA exemption
CEQA § 65589.5 states: "Exemptions should not be granted if the project would have an adverse impact on public health or safety based on a preponderance of evidence." Some public health concerns have been raised about the project by the public. One concern is that the demolition of the grocery store and pharmacy will contribute to a "food desert" and "pharmacy desert" in the Village area, where there is a high concentration of seniors on fixed incomes--many without the ability to drive to distant stores. Another concern is "sick building syndrome," in that the proximity to I-5 and Carlsbad Village Drive is more suitable for commercial development and will require that the windows of at least some of the residential units be kept closed to achieve minimum noise, and possibly air quality, standards, necessitating artificial air conditioning equipment and the related noise and GHG impacts. Do any of these concerns meet the "preponderance of evidence" standard (not a super-high standard) under CEQA § 65589.5, such that a full CEQA analysis should be required--rather than the exemption granted by the City Planner?
Inappropriate VMT screen-out and CEQA exemption
Both OPR and Carlsbad VMT analysis guidelines (and OPR staff) emphasize that usage of the efficiency metric-based VMT maps are the strongly preferred method. The project site is in a "95% of city average" zone, which would have required mitigation down to the "85% of city average" CEQA threshold adopted by council. Why was the developer allowed to switch to a "net VMT change" method instead to avoid the significant environmental impact?
Why are developers who benefit from the VMT map method allowed to use that, while other developers are allowed to use customized methods that avoid that method? Without consistency within and between projects, VMT is meaningless.
Both OPR and Carlsbad VMT analysis guidelines (and OPR staff) emphasize that, when the "net VMT change" method is used, the "areawide" impacts of a project must be assessed, including diversion of trips, to account for total environmental impacts. Why was the developer allowed to subtract all of the mileage going to the existing shopping center from its new residential mileage, even though those trips are only be diverted elsewhere?
Staff has claimed that, after demolition of the shopping center, all of the substitute stores will become responsible for the diverted mileage. As more and more residential developments replace retail, how can the city make all of the remaining retail stores responsible for the diverted mileage?
The VMT analysis guidelines also state that the "proximity to transit" screen-out does not apply if a project includes "high levels of parking" (defeats the purpose of transit-oriented development), which is defined, at a minimum, as the regular city minimum requirement.
CVMU's five-story parking garage for residential and surface lot for commercial parking Sept. 24, 2024
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both include more spaces than required, so why was the developer allowed to claim the transit screen when the "high levels of parking" exception should have been applied?
Why is the developer being allowed to use their alleged proximity to transit to avoid CEQA, but then also being allowed to build a five-story parking garage (they should not get both benefits)?
We think it is important to hire a new consultant/staff that will interpret the guidelines using common sense and in an environmentally conscious way--not just work to help developers avoid mitigation. We also think it is important to revisit the VMT analysis guidelines to make things more clear, and to eliminate the ability of developers/staff to cherry-pick methods that artificially reduce the observed impacts. These topics should be placed on a future council agenda.
Other CEQA determination questions - cumulative impact
CEQA § 15065(a)(3) states that, even if a project will not individually have a significant effect on the environment, cumulative impacts may be considerable when "...viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” No detailed cumulative impact analysis seems to have been done that includes other specific projects. Instead, the staff report simply claims that the project will pay impact fees and comply with all laws, regulations, and guidelines as "proof" that there will be no cumulative impact. Where is the cumulative impact study?
Should the city's development review process require more stringent study of cumulative impacts?
Other CEQA determination questions - process
The current municipal code authorizes the City Planner to unilaterally grant CEQA exemptions--even to this type of large, complex project. The CVMU exemption included 548 pages of technical CEQA-related information. Anybody who wants to challenge that decision apparently has to continuously monitor the city website where the decisions are posted, and then hire a CEQA attorney and experts and file a written appeal within 10 days that includes all of topics of appeal, as well as all of the underlying evidence to be considered, plus a $900 fee. The City Attorney said she would get back to me on this topic, but I am still waiting to hear whether the above interpretation is accurate, and how it can considered reasonable, let alone even feasible.
Martin Danner wrote emails during the 10-day appeal period, which were largely dismissed by staff. Now that the 10-day appeal period has passed, case law suggests that third parties cannot appeal to the courts. Can council remand the City Planner's decision back for additional review with a requirement for further public review, or is this a unilateral and Sept. 24, 2024
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non-appealable staff decision?
We feel that the code that allows this power of the City Planner and the associated appeal process needs to be amended and are requesting that it be placed on a future council agenda.
Ability of the city to impose Conditions of Approval
While state laws now significantly restrict jurisdictions from denying or reducing unit numbers on residential projects, HCD guidance states: "...[The Housing Accountability Act] does not prohibit a local government from exercising its authority to condition the approval of a project, but rather provides limitations and conditions for the application of certain conditions. Specifically, the HAA limits the application of conditions that lower the residential density of the project, and...conditions that would have a substantial adverse impact on the viability or affordability of providing those units..." So, can't council impose conditions of approval, as long as they do not reduce the number of units or make the project physically or financially infeasible?
Design changes
Is there any restriction on council asking the applicant to voluntarily make design changes?
HCD guidance goes on to state: "[Design change-related conditions of approval] should be analyzed for their effect on density and project feasibility (for affordable projects)..." Given that the guidance actually contemplates design changes, doesn't that mean that at least some design changes could be mandated by council, as long as analysis shows that they do not reduce the unit number or affect feasibility?
Although there is some case law that prevents jurisdictions from mandating certain design changes that would eliminate the need for development waivers, does that mean that no such design changes can be mandated? For example, one appellate case concluded that a city could not require removal of an amenity like a courtyard, in order to build a shorter building. However, if a proposed design change did remove the proposed CVMU courtyards but eliminated the need to build five stories, could that be allowable? Show the case law that removes all ability to impose design changes.
Sample design changes
• Increase commercial square footage to allow larger grocery store to help avoid food desert
• Build residential over retail ("vertical" mixed-use)
• Underground parking (apparently physically and financially feasible for Hope Apartments across the street)
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• Reduce or eliminate the 5-story parking garage (consistent with the transit-based VMT screen)
Sample conditions of approval
Hilltop Group, Inc. v. County of San Diego (Fourth Appellate District opinion published 2/16/2024): A project was granted a CEQA categorical exemption by County planning staff, but the approval “...included 65 conditions of approval in its decision to ensure that the…Project’s environmental impacts remained less than significant.” In other words, even acknowledging staff's CEQA exemption of CVMU, including the VMT screen out, the city should be allowed to impose conditions of approval that ensure environmental impacts remain less than significant. Examples:
• Unbundled parking/reduce parking
• Provide car-sharing/alternative modes of travel
• Free or subsidized transit passes to residents
• Other vehicle ownership/usage reducers
• Parking garage parking restricted only to residents
Best regards,
Steve
Sept. 24, 2024
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still have the ability to make changes to it, such as:
1. Send the project back for additional public review. Do a proper public outreach that gives all affected residents an opportunity to learn more about the project and provide feedback.
2. Eliminate the need for a 5-story height waiver. The site has plenty of room to accommodate the apartment buildings without exceeding the City’s 4-story height limit.
Options include residential over retail and underground parking. Don’t turn into Santa Monica and keep the Village, a Village.
3. No bait and switch. Scrutinize the policy that allows staff to approve up to 100% project changes after approval.
I understand that progress is inevitable, but this is the wrong project for this location. It will have a negative and irreversible impact on the character of the Carlsbad Village. Consider the long-term effects such a project will have on the daily lives of our residents, especially the undue hardship to the many seniors trying to age in place with dignity as well as those with limited mobility.
In light of these points, I urge you to act in the best interest of the community and oppose or at least limit this proposed development.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Karen Hackett
3311 James Drive
Carlsbad, CA 92008
818.331.0389
--
https://www.tirageartwarehouse.com
626.405.1020
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Sept. 24, 2024
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From: Council Internet Email
Cc: Eric Lardy
Subject: FW: Save the Plaza
Date: Tuesday, September 10, 2024 9:00:22 AM
-----Original Message-----
From: Penny Johnson <[email protected]>
Sent: Monday, September 9, 2024 6:08 PM
To: Council Internet Email <[email protected]>
Subject: Save the Plaza
Mayor Blackburn and Carlsbad City Council members
, I am writing to you all again because many of us ,over the years, have felt a disconnect between those we have elected and the citizens of Carlsbad.
It seems the promises and platitudes that are given to us are lost when developers and big business come to town.
Do you not see the disconnect between what our vision formula for the “ charming village by the sea” is and what
Carlsbad has become and continues to do so? Do you really think it is anything more than money the developers come for?
What a sorry “charming “ village Carlsbad has become…..and all for the almighty dollar.
Not because it gives your
citizens a better living environment…..it is all about the that flows into the city coffers …..and that includes city council coffers.
Bringing in tourists is a goal for Carlsbad ….but the throngs of tourists are a detriment to the citizens because it denies us the quality of life we came for and have contributed to and worked towards.
The Carlsbadth
Plaza is just another example of losing our lifestyle and future lifestyle.
We need a hardware store, pharmacy ,thrift store and large market that offers the things we have to have so wedo not have to get on the freeway . Indeed, some of can walk or ride a bike to the Plaza. For us senior citizens it is a welcome opportunity to stay in the village.
You are denying the Barrio and its’ population an easy access, for many do not have a car.
I keep seeing the barrio getting pushed out of the area they settled and were a contributing factor to “our” Carlsbad and the lifestyle we were lucky enough to help build and be a part of……and have been proud of !! It has being replaced by 4 story buildings ( another scam by city council slipped in when no one was looking) And here comes another one……taking away away the plaza and replacing it with too many people ,cars ,more congestion, no parking, more emissions pollution.
Nothing that contributes to the “ charming “ village environment BUT detracts from it as soon as drive by CVD on the freeway!
All I can say is, “ What the hell are you thinking”!?????? Penny Johnson
Old Carlsbad 92008
760 917 8920
Sent from my iPad
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Sept. 24, 2024
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From: [email protected] <[email protected]>
Sent: Tuesday, September 10, 2024 2:39:31 PM
To: Keith Blackburn <[email protected]>; Council Internet Email <[email protected]>; Priya Bhat-Patel <[email protected]>; Melanie Burkholder <[email protected]>; Carolyn Luna <[email protected]>; Teresa Acosta <[email protected]> Subject: Village Plaza
Dear Councilmembers,
I am strongly opposed to the redevelopment of the Village Plaza, replacing it with mostly residential units and very limited retail. The current Plaza has the only pharmacy, full grocery store, hardware store and cleaners that I am aware of in Carlsbad village, not mention the French Bakery. The only option for any of these requires a three mile drive. I live in the Carlsbad by the Sea retirement facility on Carlsbad Blvd, and many of the 200+ residents use these facilities on a regular basis. There are many new high rise condominium complexes either new or being built in the village already, so traffic and congestion will only get worse, plus the need for existing residents drive further to access replacement facilities. The village is a unique part of Carlsbad, that’s why I and many others chose to live here. Don’t spoil it for a few extra tax dollars.
Phil Kirk
2855 Carlsbad Blvd Apt N318
858 922 8705
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Sept. 24, 2024
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Mayor Keith Blackburn
Council Members Melanie Burkholder, Carolyn Luna, Teresa Acosta and Priya Bhat-Patel Re: Carlsbad Village Mixed Use SOP 2023-0014
I ask that you vote NO on this site development, the first time we take a stand against the State of California mandates forcing the developer to negotiate or sue for five important reasons:
1-This project is 5 stories, exceeding unnecessarily, our Village and Barrio Master Plan limitations only by not using underground parking as "the Lofts" and "Hope Apartments" have recently done.
This is a permanent waste of land under the project that is badly needed for parking for this project and the village overall. Cutting costs is not an acceptable excuse for this.
All of Carlsbad would be permanently scared if this economic excuse is accepted for this and future projects. It is cheapest for surface parking, next garage parking and then underground parking. If approved, I would anticipate the Hope Apartments coming back with an additional 5th story. As we grow near transit and accommodate affordable housing and walkable housing, we cannot waste the underground of those larger lots that can accommodate parking. The Village and Barrio Master Plan would allow a subsidy, if needed for parking but none was requested State mandates anticipated smaller size units in the same exterior envelope by increasing density yet what we are seeing is larger, luxury units not meeting the intent of the mandates 2-The Commercial frontage units are out of character with the Village and Barrio Master Plan as they are a suburban strip center design, wasting the space above which should be residential similar the "the Lofts" across the street. This design is for easier financing and sale but could easily comply with the Village and Barrio Master Plan which assist with removing the 5th story. 3-Carlsbad Village Drive cannot handle the additional traffic exiting directly onto Carlsbad Village Drive. Exits should be on Oak Avenue. Carlsbad Village Drive should be widened with one additional lane from Harding to Pio Pico and the Overpass widened by Caltrans as they are doing on Chestnut Avenue. With a bike lane, minimum 8 foot sidewalks and a right turn lane needed in the future, a 1 O foot dedication is woefully short. All properties on this side of Carlsbad Village Drive will be redeveloped in the near future and we can't afford to handcuff ourselves with this one. 4-The exterior design style meets none of the criteria of any sketches in any of the Master Plans adopted since the 1980's. Carlsbad Village must be an attractive, pedestrian oriented place and that means interesting architectural styles with variety, deep commercial spaces with business doors close together as State Street between Carlsbad Village Drive and Grand Avenue. Carlsbad has never before had developers not want to do quality development. 5-Affordable "for Sale" units is what our area is lacking. We are awash in luxury apartments. All units should be mapped as condominiums so our teachers, firefighters, etc. may have the opportunity to invest locally. They can all be rented by the developer initially but Carlsbad and California need this requirement and there is plenty of demand for the product. Affordable starter condominiums.
Gary Nessim September 16, 2024
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Mayor Keith Blackburn
Council Members Melanie Burkholder, Carolyn Luna, Teresa Acosta and Priya Bhat-Patel Re: Carlsbad Village Mixed Use SOP 2023-0014
I ask that you vote NO on this site development, the first time we take a stand against the State of California mandates forcing the developer to negotiate or sue for five important reasons:
1-This project is 5 stories, exceeding unnecessarily, our Village and Barrio Master Plan limitations only by not using underground parking as "the Lofts" and "Hope Apartments" have recently done.
This is a permanent waste of land under the project that is badly needed for parking for this project and the village overall. Cutting costs is not an acceptable excuse for this.
All of Carlsbad would be permanently scared if this economic excuse is accepted for this and future projects. It is cheapest for surface parking, next garage parking and then underground parking. If approved, I would anticipate the Hope Apartments coming back with an additional 5th story. As we grow near transit and accommodate affordable housing and walkable housing, we cannot waste the underground of those larger lots that can accommodate parking. The Village and Barrio Master Plan would allow a subsidy, if needed for parking but none was requested State mandates anticipated smaller size units in the same exterior envelope by increasing density yet what we are seeing is larger, luxury units not meeting the intent of the mandates 2-The Commercial frontage units are out of character with the Village and Barrio Master Plan as they are a suburban strip center design, wasting the space above which should be residential similar the "the Lofts" across the street. This design is for easier financing and sale but could easily comply with the Village and Barrio Master Plan which assist with removing the 5th story. 3-Carlsbad Village Drive cannot handle the additional traffic exiting directly onto Carlsbad Village Drive. Exits should be on Oak Avenue. Carlsbad Village Drive should be widened with one additional lane from Harding to Pio Pico and the Overpass widened by Caltrans as they are doing on Chestnut Avenue. With a bike lane, minimum 8 foot sidewalks and a right turn lane needed in the future, a 1 O foot dedication is woefully short. All properties on this side of Carlsbad Village Drive will be redeveloped in the near future and we can't afford to handcuff ourselves with this one. 4-The exterior design style meets none of the criteria of any sketches in any of the Master Plans adopted since the 1980's. Carlsbad Village must be an attractive, pedestrian oriented place and that means interesting architectural styles with variety, deep commercial spaces with business doors close together as State Street between Carlsbad Village Drive and Grand Avenue. Carlsbad has never before had developers not want to do quality development. 5-Affordable "for Sale" units is what our area is lacking. We are awash in luxury apartments. All units should be mapped as condominiums so our teachers, firefighters, etc. may have the opportunity to invest locally. They can all be rented by the developer initially but Carlsbad and California need this requirement and there is plenty of demand for the product. Affordable starter condominiums.
Gary Nessim September 16, 2024
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From: [email protected] <[email protected]>
Sent: Tuesday, September 17, 2024 12:35 PM
To: Council Internet Email <[email protected]>
Subject: Save Carlsbad Village Plaza
Save the Carlsbad Village Plaza
Dear Carlsbad Planning Commission Members / Mayor / City Council Members,
I am opposed to the proposed redevelopment of the Carlsbad Village Plaza into a large, mixed- use high-density residential complex. (Project Number SDP 2023-0014)
My family has lived in Carlsbad since 1972. I am a retired RN and use Carlsbad Village Pharmacy, True Value, French Bakery, Cleaners, and Smart and Final.
I am upset and disappointed that our City’s planning process does not give its citizens adequate time to identify issues and register an appeal against key decisions, even if those decisions are based on significantly flawed information.
I understand that state housing laws restrict your ability to deny this project. However, you still have the ability to make changes to it. I ask you to join me in opposing this project for the following reasons.
• Irreversible loss of essential services. The Plaza includes an affordable grocery store, a hardware store, a pharmacy, multiple restaurants/cafes, a cleaners, discount stores, and other businesses. Once these are gone, they won’t be coming back. • Creates hardship for vulnerable residents. The demolition of the Plaza will create hardship for nearby residents, including the estimated 3,500 seniors and other fixed- income residents in the Village/Barrio area. Many do not drive and rely on local shopping. The removal of the grocery store will create a food desert: “an urban area in which it is difficult to buy affordable or good-quality fresh food.”
• More traffic congestion on Carlsbad Village Drive and side streets. The project will lead to a huge increase in “vehicle miles traveled” (VMT) for two reasons: 1) current shopping center customers will need to drive further for the same services and 2) the project will add 218 new residences in a highly concentrated space. This additional traffic will further clog area streets and add to greenhouse gas emissions, creating negative environmental impacts.
• Inadequate notification. Public outreach was minimal, and many of the City’s own requirements were not met (e.g., disclosure of square footage, maximum height, the review/approval process, and timelines). Despite these deficiencies, city staff approved the outreach, and now thousands of people who were not made aware of the project have signed petitions, submitted public comment letters, and overflowed the council chambers at three consecutive Planning Commission meetings. Clearly the outreach failed.
Sept. 24, 2024
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• No time for the public to react. The public is given only a 10 day appeal period for many of the key decisions related to this project. Due to the heavy handed state housing laws, the public has no legal recourse if an appeal is not lodged within this ridiculously short appeal period.
• Loss of decision-making authority. By the time projects like this reach the decision- making bodies (Planning Commission or City Council), city staff have waived public outreach, exempted environment impact reporting requirements, and made all of the key decisions related to approval.
• Send the project back for additional public review. Do a proper public outreach that gives all affected residents an opportunity to learn more about the project and provide feedback.
• Send the traffic study (aka VMT Analysis) back for rework. Demand that the study includes a realistic assessment of the added mileage created by Plaza customers who will have to drive further for similar services. The faulty assessment is a key reason why a full environmental impact report was not required.
• Eliminate the need for a 5-story height waiver. The site has plenty of room to accommodate the apartment buildings without exceeding the City’s 4-story height limit.
Options include residential over retail and underground parking. Don’t pollute our skyline!
• Be consistent with transit-oriented development. This project was approved in part because it’s considered transit-oriented. Reduce or eliminate the massive parking garage. Encourage alternative modes of transportation, such as car-sharing and free transit passes to the residents. Eliminate exclusive parking for residents. • Combine the site into one parcel. The site application proposes dividing the lot into two parcels, one for the residential units and one for the commercial retail. However, there is nothing stopping the developer from turning the commercial parcel into more residential units once the original project is approved. The Planning Department will issue a Notice of Restriction to prevent this from happening, but this restriction can be easily waived later. This is not good enough - combine the parcels now!
• Remove the CEQA exemption power of the City Planner. This is what got us into this mess in the first place. For large, complex projects of this type, the decision to exempt CEQA requirements should be made by the Planning Commission at a public hearing. • Update VMT Analysis Guidelines. The current guidelines are ambiguous and incomplete, allowing blatantly incorrect calculations to be approved. • No bait and switch. Scrutinize the policy that allows staff to approve up to 100% project changes after approval.
I understand that progress is inevitable, but this is the wrong project for this location. It will have a negative and irreversible impact on the character of the Carlsbad Village. Consider the long- term effects such a project will have on the daily lives of our residents, especially the undue Sept. 24, 2024
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hardship to the many seniors trying to age in place with dignity as well as those with limited mobility.
In light of these points, I urge you to act in the best interest of the community and oppose or at least limit this proposed development.
Please notify me when any public hearings are scheduled regarding this project. Thank you.
Sincerely,
Sue Graziano, R.N.
1107 Buena Vista Way
Carlsbad, Ca.
760-434-1278
Sept. 24, 2024
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Council Policy Statement
Category:
Specific Subject: Development Project Public Involvement Policy
PURPOSE
To help ensure applicants proposing certain development projects are aware of and have considered input from interested and affected stakeholders prior to project consideration by city decision makers. The policy is intended to supplement and not replace or conflict with legal noticing requirements or any other required public involvement for development applications.
BACKGROUND
This policy provides a framework for project applicants to identify potentially interested and affec
ted members of the public; provide additional opportunities for input; and report public input and how it was considered to city staff, stakeholders and city decision makers during the public hearing process.
A. EARLY PUBLIC NOTICE
The following requirements apply to all applications that require approval by the Planning Commission or City Council.
Mailed Notice
Applicants are required to send a public notice within 30 days of submittal of development applications. The early public notice shall be sent via first class U.S. Postal Service and include:
A brief description of the proposed project, such as:
o Project name
o Address and nearest cross streets
o The proposed use, number of dwelling units, project features, etc. o Building square footage(s)
o Maximum height
The applicant name, contact person, telephone number and email address. 8-1/2” x 11” site plan and building elevations.
How the public can provide input.
Policy No. 84
Date Issued: 12/5/2017
Effective Date: 3/5/2018
Resolution No. 2017-228
Cancellation Date:
Supersedes No.
Exhibit 8
Sept. 24, 2024
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Policy No. 84
Noticing Area
The applicant shall send the early public notice to:
Property owners within a 600 foot radius of the subject property according to the latest equalized assessment rolls current as of the date of the application. If the 600 foot radius yields fewer than 20 properties, the project applicant shall extend the radius until 20 or more properties are reached.
The homeowners association of which the subject property is a part (if any). Notice shall be mailed to both the property management company and HOA board of directors. Occupants within a 100 foot radius of the subject property in the Coastal Zone.
Project Sign
The project applicant shall post a project notice sign on the project site within 30 days of the application date. The project sign shall:
Utilize a template provided by the City of Carlsbad.
Be posted in the most publicly visible location on the subject property.
The project applicant shall sign and submit an affidavit that the notice was prepared and mailed and that the project notice sign has been posted in accordance with this policy.
B. ENHANCED STAKEHOLDER OUTREACH
Significant development applications require additional stakeholder outreach as described below.
1. Applicability
In addition to what is described in Section A, applicants shall complete enhanced stakeholder outreach for private or public entity development applications that require a discretionary permit approval by the Planning Commission or City Council and include any of the following:
Residential development consisting of 50 or more residential lots or residential units Non-residential or mixed-use development project (residential and non-residential uses in the same building or on the same site) for a total of 50,000 square feet or more of habitable space
A Conditional use permit (excludes Minor Conditional Use Permit) A development project that requires a variance (excludes minor variance) A development project that requires a General Plan amendment, zone change, a master plan or specific plan
A development project that requires a major amendment to a master plan or a specific plan. (excludes minor amendment)
A development project that requires an amendment to the Habitat Management Plan The provisions of this policy shall not apply to permit applications for streamlined approval pursuant to SB35 (Gov. Code 65913.4).
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Policy No. 84
2. Procedure
Notification: The applicant shall, at a minimum, mail to the same parties listed in Section A, an invitation to participate in one or more outreach activities as described in Section B-3 below
. The city encourages additional forms of notification (electronic, door-to- door, etc.) and notification to additional interested and affected parties. The invitation may be combined with the notice described in Section A at the applicant’s discretion. Stakeholder List: In addition to those parties required to be notified in Section A of this policy, the project applicant shall maintain a contact list of all other parties who have requested to be notified about the project status and future opportunities for input.
Notification requests may be made directly to the project applicant and/or to the city Planning Division, in which case such requests will be forwarded to the applicant for purposes of complying with this policy.
Timing: The project applicant is required to follow the procedures of this policy following project application submittal. The application will be deemed incomplete until the requirements of this policy have been met. The applicant may choose to begin soliciting public input prior to the application submittal, however outreach conducted prior to submittal does not satisfy the requirements of this policy. Documentation: The project applicant shall document the public involvement that occurred, including information such as:
o Copies of all noticing and informational materials provided to the public, noting the method and date of distribution.
o
Sign in sheets listing names of participants in outreach meetings, workshops or other events.
o
Stakeholder database.
o Copies of comment cards, survey results, emails, letters and other comments submitted to the applicant.
o
A summary of the input received and the responses to those who participated in the public involvement, if any.
Completion: Compliance with policy is fulfilled when noticing and outreach activities are concluded, and a written outreach report is filed with the city and accepted as complete by the City Planner. The development application will be deemed incomplete until the requirements of this policy are met.
3. Methods
The project applicant shall choose one or more methods that will give interested and affected members of the public a meaningful opportunity to provide input. A minimum 10 day notice in advance of an outreach event shall be given to stakeholders to ensure they have a reasonable opportunity to participate. Additionally, a minimum 10 days shall be given following an outreach event, such as a meeting, for stakeholders to provide comments and for comments to be collected by the applicant. The applicant may choose from among the methods below to Sept. 24, 2024
Item #7 Page 470 of 730
Policy No. 84
solicit public input with the goal of enabling the greatest number of stakeholders to provide meaningful input.
A public meeting or open house held at a time and location accessible to most stakeholders.
A project website that enables the public to learn about the project and understand how to provide input.
An onsite meeting or information booth at or near the project site. A mailed informational packet with postage-paid mail-back comment form or survey.
Face-to-face meetings and open houses on or near the project site at times most likely to maximize participation (such as evenings and weekends) are encouraged. Other techniques may be acceptable, but the applicant should consult with the City Planner first before undertaking any activities not listed.
Regardless of method(s) used, at minimum, the applicant must provide:
A project description (with graphics) sufficiently detailed but easy for a layperson to understand.
An explanation of what permits are being sought.
The expected timeframe and/or phasing of project construction. A description of the review/approval process.
Project contact name and information.
A description of how the public can provide input directly to the project applicant. The city project ID and city project planner and contact information.
4. Report
The project applicant shall submit an outreach report to the city’s project planner assigned to the project documenting:
The outreach that was conducted.
Who was invited to participate and who did participate. This shall include at a minimum the notification of parties described in Section A, and stakeholders who requested to be on the stakeholder list. A typewritten list of all names and addresses of these parties and stakeholders shall accompany the report for city use for public hearing notification.
A summary of issues discussed and what resulted from the discussion. Redundant or similar comments received multiple times may be summarized. • What commitments were made or follow-up actions would be taken, if any.
The project applicant’s written outreach report shall be kept as part of the city’s project file.
The project applicant shall provide a copy of the report (in print or electronic form) to any stakeholder that requests a copy of it. In addition, a copy of the report may be obtained from Sept. 24, 2024
Item #7 Page 471 of 730
Policy No. 84
the city, once accepted as complete. City staff shall include in the staff report to the Planning Commission or City Council a brief synopsis of the project applicant’s outreach activities and results as documented in the outreach report, and may include the outreach report as an attachment.
5. Notes on Stakeholders and Noticing
Stakeholders who become aware of a project application after the project applicant has conducted early stakeholder outreach may still request to be notified regarding the project from city staff. However, the outreach report is not required to be updated once it has been accepted as complete by the city. It is at the project applicant’s discretion whether to engage in additional stakeholder outreach once the requirements of this policy have been met.
Regular noticing by the city for public hearings is not a part of this process and would commence when the application is deemed complete and is scheduled for public hearings by city staff. Additionally, public notice and review requirements under other local ordinance, state or federal law are independent of and not fulfilled by the outreach requirements of this policy. This would include, but is not limited to requirements under Carlsbad Municipal Code, the California Coastal Act, the California Environmental Quality Act, or the National Environmental Policy Act.
6. Administration
The City Planner shall be responsible for administering this policy. The City Planner is authorized to create and modify forms, hand-outs and guidelines as he or she deems appropriate to effectively administer this policy.
The Planning Division shall maintain a list of applications subject to this policy and keep records of i
ndividuals and organizations who request to be notified of such applications, and shall furnish such records to project applicants for purposes of complying with this policy.
Within two years of the initial effective date of this policy, the City Planner shall review and report to the City Council as to its effectiveness, and provide a recommendation whether to continue the policy in its current or modified form. This policy shall remain in effect until modified or rescinded by the City Council.
Sept. 24, 2024
Item #7 Page 472 of 730
Streamlining in Transit Areas
OPR Webinar - Implementing SB 743: What You Need to Know (�) Governor's Office of Planning and Research
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2,490 views Streamed live on Apr 20, 2020
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� IS min
Headway
High-Quality Transit Corridor (CEQA Section 21155)
means a comdor with�ed route bus service
with service Intervals no longer than 15 minutes
during peak commute hours.
� Major Transit Stop (CEQA Section 21064.3)
� means a site containing an existing rail transit
station. a ferry terminal served by either a bus or
rail transit se<Vlce. or the Intersection of two or
more major bus routes with a frequency or
serv,ce interval of 15 minutes or less during the
morning and afternoon peak commute pe11ods.
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Exhibit 9
Sept. 24, 2024
Item #7 Page 473 of 730
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 17, 2023
Adam Atamian, Community Development Director
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92672
Dear Adam Atamian:
RE: AB 2097 Transit Distance Criteria – Letter of Technical Assistance This letter provides technical assistance regarding the application of Assembly Bill (AB) 2097 (Chapter 459, Statues of 2022). The California Department of Housing and Community Development (HCD) received a technical assistance request from Kristine Michaels (Applicant), seeking clarification on how to measure the one-half mile distance to a major transit stop required under AB 2097. The letter is provided for the benefit of both the City of San Clemente (City) and the Applicant.
Summary of Request
HCD understands the Applicant submitted an application to the City for an accessory dwelling unit (ADU) conversion project at 240 W. Mariposa Avenue. The project proposes to convert an existing carport into an approximately 668.5 square-foot ADU. The City has approved a conceptual plan verifying that the project meets local zoning regulations and does not require additional off-street parking to be provided to serve the ADU. However, because the project is located in the Coastal Zone and the City does not have a fully certified Local Coastal Program (LCP) at this time, the project also requires a Coastal Development Permit (CDP) from the California Coastal Commission (Coastal Commission). HCD understands that the Applicant has submitted its CDP application, including the approved conceptual plan from the City, to the Coastal Commission for review. It appears that the Coastal Commission is exploring potential parking mitigation measures for the project including the removal of red curbed areas to create more on- street parking and/or an annual in lieu parking mitigation fee. However, the applicant desires to utilize the reduced minimum parking requirements under AB 2097 for residential development within one-half mile of a major transit stop.
AB 2097 is codified at Government Code Title 7, Division 1, Chapter 4, Article 2, Section 65863.2 and became effective January 1, 2023. This law limits the ability of a Exhibit 10
Sept. 24, 2024
Item #7 Page 474 of 730
commercial, or other qualifying development projects within one-half mile of a major public transit stop. HCD has authority to enforce AB 2097 pursuant to Government Code section 65585, subdivision (j)(12).
The sole question posed by the requestor relates to the method of measurement used to determine whether a project site is located within one-half mile of a major transit stop, thus becoming eligible for the benefits of AB 2097. Specifically, the requester asks whether the one-half mile distance should be measured in a straight line from parcel edge to the transit stop or based on the walking distance from parcel edge to the transit stop. This letter provides technical assistance clarifying how to measure the one-half mile distance to a major transit stop for the purposes of AB 2097.
AB 2097 Transit Distance Criteria
Under AB 2097, “A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one-half mile of public transit.” (Gov. Code, § 65863.2, subd. (a).) Additionally, Government Code section 65863.2, subdivision (e)(5), defines “public transit” to mean a major transit stop as defined in Section 21155 of the Public Resources Code.
Major Transit Stop Definition in the Public Resources Code Section 21155, subdivision (b), of the Public Resources Code states, “A major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan.” Section 21064.3 defines a major transit stop as a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
Based on the above, the San Clemente Pier Station Train Stop would qualify as a major transit stop under Public Resources Code, Section 21064.3, subdivision (a), because it is an existing rail transit station served by the Metrolink rail system.
AB 2097 Path of Measurement
For the purposes of AB 2097, the one-half mile distance to a major transit stop should be measured in a straight, direct line from the nearest edge of the parcel containing the public agency to impose minimum automobile parking requirements for residential, Sept. 24, 2024
Item #7 Page 475 of 730
transit stop is located. Generally, measurements are to be taken in a straight, direct line from parcel edge to parcel edge unless otherwise specified in statute. This is in keeping with the “ordinary meaning” of how required distances are typically measured in state housing laws absent specific statutory instructions to the contrary. AB 2097 does not contain any language that indicates that the one-half mile distance should be measured based on walking distance. Additionally, the definitions of a major stop in Section 21155 and Section 21064.3 of the Public Resources Code do not reference walking distance.
Had the Legislature intended for the one-half mile distance in AB 2097 to be based on walking distance, it could have included language to that effect as seen in other state housing laws such as ADU Law (Gov. Code, § 65852.2, subds. (c) and (d)) and Senate Bill 9 (Gov. Code, § 65852.21, subd. (c)(1)(A)1).
This determination is consistent with other one-half mile distances to public transit employed elsewhere in state statutes that do not specify walking distance, such as AB 2162 (Gov.
Code, § 656542) and SB 35 (Gov. Code, § 65913.4, subd. (e)(1)(A)3). This determination also most closely aligns with AB 2097’s intent as outlined in Government Code section, 65863.2, subdivision (i), which states that “the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.”
1 “A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.” (Gov. Code, § 65852.2, subd. (c)(2)(D)(ii).)
“Where the accessory dwelling unit is located within one-half mile walking distance of “The parcel is
located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.” (Gov. Code, § 65852.21, subd. (c)(1)(A).)
2 “If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.” (Gov. Code § 65654.) 3 “The development is located within one-half mile of public transit.” (Gov. Code § 65913.4, subd. (e)(1)(A).)
project site to any point on the parcel(s) that make up the property upon which a major Sept. 24, 2024
Item #7 Page 476 of 730
Conclusion
For the purposes of AB 2097, the one-half mile distance to a major transit stop should be measured in a straight line from the nearest edge of the parcel containing the proposed project to any point on the parcel(s) that make up the property upon which a major transit stop is located. Using this method of measurement, the ADU conversion project proposed at 240 W. Mariposa Avenue is less than one-half mile from the San Clemente Pier Train Station and therefore meets this criterion under AB 2097. This technical assistance provides a consistent methodology for measuring distance and is more inclusive than other alternatives, thereby maximizing the housing production potential of AB 2097.
If you have questions or need additional information, please contact Deepeaka Dhaliwal, of our staff, at [email protected].
Sincerely,
Shannan West
Housing Accountability Unit Chief
public transit.” (Gov. Code, § 65852.2, subd. (d)(1)(A).) Sept. 24, 2024
Item #7 Page 477 of 730
TO: CITY CLERK
DATE OF PUBLIC HEARING:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
SUBJECT: C!~A (vjn,J2 l), Ila~ ra; X,gQLL~
LOCATION: 01200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other:
----- ------------
DATE POSTED TO CITY WEBSITE Cj /10/ao 9 Y
DATE NOTICES MAILED TO PROPERTY OWNERS: 9 // 8-/ do-;:). 1/ NUMBER. MAILED:
I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: [actTY CLERK'S OFFICE 0 OTHER ______ _
,Jm~
Signature
-------------- -------------------------------------- ----------------------- --- SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ Q---Coa.st News on· 9 /1 J;J. Y
PUBLICATION DATE: Union Tribune - -------------
Coast News 9 /;._3/;::;.noi_ t./ _ ___.,_,_,,..,.___._l----=""""'-=- ------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct.
DEPARTMENT: ~ CLERK'S OFFICE □ OTHER _______ _
Signature Date
Attachments: 1) Mailing Labels
2) Notice w/ attachment s
Sept. 24, 2024
Item #7 Page 478 of 730
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 5 p.m. on Tuesday, September 24, 2024, to consider approving a Site Development Permit, to demoli sh five existing commercial structures and consolidate four parcels of land into two parcels; and construct a mixed-use development consisting of 13,800 square feet of neighborhood -serving commercial within two one-story buildings, 218 multiple-family residential apartment units within two five -story buildings, and a five -story above grade parking structure on a 4.12-acre property located at 945-1065 Carlsbad Village Drive in the northwest quadrant of the City, the Village & Barrio Master Plan, and Local Facilities Management Zone 1, and more particularly described as:
Parcels A through Das shown on "City of Carlsbad MS 2018-0014", in the City of San Diego, County of San Diego, State of California, according to parcel map thereof no. 21699 filed in the Office of the County Recorder of San Diego County, July 16, 2019
Whereas, on July 17, 2024, the City of Carlsbad Planning Commission voted 5/2 (Lafferty , Kamenjarin - No) to recommend approval of a Site Development Permit to demolish five existing commercial structure s and consolidate four parcels of land into two parcels; and construct a mixed-use development consisting of 13,800 square feet of neighborhood -serving commercial within two one-story buildings, 218 multiple family residential apartment units within two five-story building s, and a five-story above grade parking structure on a 4.12-acre property located at 945-1065 Carlsbad Village Drive.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Friday, Sept. 20, 2024. If you have any questions, please contact Jason Goff in the Planning Division at (442) 339-2643 or [email protected]. The meeting can be viewed online at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to [email protected].
If you challenge the Site Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE:
CASE NAME:
PUBLISH:
SDP 2023-0014
CARLSBAD VILLAGE MIXED-USE
FRIDAY, SEPT. 13, 2024
CITY OF CARLSBAD CITY COUNCIL
Sept. 24, 2024
Item #7 Page 479 of 730
SITE MAP
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Sept. 24, 2024
Item #7 Page 480 of 730
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ARDIS ZANDER/SHICK FAMILY CITY OF CARLSBAD ANEWALT FAMILY TRUST 01-21- TRUST 1200 CARLSBAD VILLAGE DR 04
5230 LAS VIRGENES RD #200 CARLSBAD CA 92008 11835 SPRINGSIDE RD CALABASAS CA 91302 SAN DIEGO CA92128
LYONS REVOCABLE FAMILY GOLABATON LL C PHOENIX RETAIL PARTNERS LLC TRUST 02-04-90 PO BOX 911005 UNIT 200
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CARLSBAD CA 92009 ENCINITAS CA 92024 3144 EL CAMINO REAL CARLSBAD CA 92008
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SAN DIEGO CA 92127 UNIT 102 UNIT 103
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SAFFO DR & MRS KARLS TRUST BROSNAN JAMES J & PAMELA A GARCIA-ROSS FAITH M 2019 09-14-20 BROSNAN TRUST 03-03-20 TRUST 05-20-19
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NELSON REVOCABLE TRUST 01- MELANIE MAURO REED CALVIN L & LINDA E 19-87 UNIT 203 REVOCABLE LIVING SURVIVORS
UNIT 202 800 GRAND AVE UNIT 204
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Sept. 24, 2024
Item #7 Page 481 of 730
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800 GRAND AVE VISTA CA 92083 FLORENCE WI 54121
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Item #7 Page 482 of 730
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CARLSBAD CA 92008 CHULA VISTA CA 91911
CARLSBAD COMMUNITY MARY J JONES/JEANNE M COLLEEN Y MATSUBARA CHURCH STAMPER 983 PINE AVE
3175 HARDING ST 1727 FIDDLERS RIDGE DR CARLSBAD CA 92008 CARLSBAD CA 92008 FLEMING ISLAND FL 32003
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Sept. 24, 2024
Item #7 Page 483 of 730
STERNBERG TANYA 1998 TRUST
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CARLSBAD CA 92008
926 PINE LLC
1099 BUENA VISTA WAY
CARLSBAD CA 92008
SEIDERMAN BRIAN & JOYCE
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CARLSBAD CA 92008
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CARLSBAD CA 92008
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CARLSBAD CA 92008
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DONALD L KING
1155 OAK AVE
CARLSBAD CA 92008
N & G LLC
7848 PRAIRIE SHADOW RD
SAN DIEGO CA 92126
DANIEL & ELIZABETH GLASSER
1210 PINE AVE
CARLSBAD CA 92008
CARLSBAD VETERAN HOUSING
L.P.
UNIT 160
13520 EVENING CREEK DR N
SAN DIEGO CA 92128
'
Sept. 24, 2024
Item #7 Page 484 of 730
r----i I
AVERY 5160
Mary Fox
3425 Woodland Way
Carlsbad, CA 92008
Susan and German Gutierrez
1864 Palisades Drive
Carlsbad, CA 92008
Melissa Furioli
3704 Strata Drive
Carlsbad, CA 92010
Paul Miller
5133 El Arbol Drive
Carlsbad, CA 92008
E,,sy Peel Address Lc1bels '
•~, I H I d~>ll'J 1tlH f r , 'I'" 1 1'11,J :1p f ,jq,
David Chrisman
2440 Buena Vista Circle
Carlsbad, CA 92008
Susan and Peter Ladoucer
3460 Charter Oak Drive
Carlsbad, CA 92008·
Maria Leupold
2357 Summerwind Place
Carlsbad, CA 92008
Martin Danner
1826 Magnolia Ave
Carlsbad, CA 92008
Etiquettes d'adresse Eilsy Peel
Go to ,ivery com/temp lates :
lJ 1 ,\,, r; I, •npl 1l1 ' 1,lt)O 1
Susan Cleveland
1390 Yourell Avenue
Carlsbad, CA 92008
Jack Cumming
2855 Carlsbad Boulevard
Carlsbad, CA 92008
Deborah Foley
3759 Grecourt Way
Carlsbad, CA 92008
Allez a avery ca/ 9aba rrts :
Sept. 24, 2024
Item #7 Page 485 of 730
CllYOFCARtsaw
NcmCF OP PITRI IC HIU.RING
NOTICE IS HEREBY GIVEN to you, becau5C your interest may be affected, that the City Council of the City of Carlsbad will ho1d a public hearing at the Council Chamber, 1200 Carls bad VUlage Drive. Carlsbad, California, at 5 p.m. on Tuesday, Sept.ember 24, 2024, to con• sider apprm.ing a Site Development Permit, to demolish five CXllting oommcrcial 51.nJcturcs and oontolidat.e (our parcels of land inlO tv,o parcels; and construct a mixed-use development consisting or 13,800 sqll&J'e feet of neighborhood-sening commercial within two one-story buildings. 218 multiple-family residential apartment units \\~thin two five-story buildings, and a five-story~ grade p&n<ing structure on a 4.12-acrc property located al 94-5-106.5 Carlsbad Village Drive In the northv.-estquadrantoftheCity, the Village& Barrio Master Plan, and Local i:acilities M~m cnt Zone I, and more particularty described as:
Parcels A through Du shown on "'City of Carlsbad MS 2018-0014•, in the City of San Diego. County of San Diego, St.ate of California. according to parcel map I.hereof no. 2 1699 tiled in the Office of the County Recorder of San Diego County, J W)' 16, 2019
Whereas, on July 17. 202.4, the City o( Carlsbad PW'ming C.Ommission voted 5/'l (La!f'erty.
Kamenjarin - No) to recommend approval of a Site De-,1elopmeut Penn.it to demolish five exist ing commercial structures and consolidate four pa.reels of land lnt.o two pa.reels; and construct a mixed-we devek>pment consisting of13,800 square feet of neighborhood-serving commer cial within two one-story buildings. 218 mu1tip1e-fa.mily residential apartment units within two th.,e-«torybuildings, and a fivc-st.ory above grade parking slructurc on a 4.12-&crc property located at 945-1065 Carlsbad Villagt Drive.
Those peuons wishing to speak on this proposal •~ oordially invited to attend the public hear• ing. C.Opies of the staff' ~port will be a.vailable on a.nd &t\cr Frida.y, Sept. 20, 202.+. If you have a.ny question.", pl~cont.act. Jasoo Goff in the Planning Division at (4-42) 339-2643 or jason. goff'@ca.rlsbade&.gov. The meeting can be ,,jewed online at httpS://www.carlshAdca.gov/city• hallfmeetings-agendu or on the city's cable channel. In addition, written comments may be submitted to the City C.Ouncil at or prior to the hearing ,,ia U.S. Ma.il to the attentio n of Office of the City Oto:rk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. or via email to clerk@ carlsbadca.gov.
If you challenge the Site Oevel0pment Permit in c:ourt. you may be limited to raising only those issues you or 90meone else raised at the public hearing described in this not.ice or in wrilkn oon-e5J>OUdencedeli\--ered to the City of Carlsbad, Attn: City Ocrk's Office, 1200 Carlsbad VU lage Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE:
CASENAME:
SOP 2023-0014
CA.Rl..SBAD vtll..ACE MIXED·USE
FRIDAY, SEPT. 13, 2024
Cl"IY OP CAR.l.SBAD Cl1Y COUNCIL
e
Carlsbad Village Mixed Use
SOP 2023-001 4
09/ 13/ 2024 CN 29472
3 Col X 9.25"
27.75"x $15
$416.25
Sept. 24, 2024
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PROCEDURES
1. Staff Presentation
2. City Council questions on staff
presentation
3. Applicant presentation (10 Min.)
4. City Council opportunity to ask
questions of applicant
5. Open public testimony
6. Close public testimony
7. Staff and Applicant response (if
necessary)
8. City Council discussion
9. City Council vote
1 {city of
Carlsbad
Sept. 24, 2024
Item #7 Page 648 of 730
CARLSBAD VILLAGE
MIXED USE PROJECT
Eric Lardy, City Planner
Cliff Jones, Principal Planner
Jason Goff, Senior Planner
September 24, 2024
2 2
( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 649 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
3 • State housing laws
• Project overview
• Public comments and responses
3 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 650 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
4 • Cities have traditionally had control over land
use and zoning
• In recent years, not enough housing has been
built to meet the demand
• State has intervened with new laws
( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 651 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
5 Four significant state laws affect this project
• Housing Accountability Act
• Housing Crisis Act
• Density Bonus Law
• California Environmental Quality Act
( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 652 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Stated purpose – to significantly increase new
housing by curbing a local government's ability
to deny or effectively deny housing projects
• Must be interpreted and implemented in favor
of approving housing projects
• Encourages infill developments
HOUSING ACCOUNTABILITY ACT
6 Sept. 24, 2024
Item #7 Page 653 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Cities may only require objective design
standards
• Community character is subjective
• Cannot deny a housing development project or
impose conditions that results in lower density
“Unless the project would have a specific,
adverse impact on public health or safety”
HOUSING ACCOUNTABILITY ACT
7 Sept. 24, 2024
Item #7 Page 654 of 730
HOUSING ACCOUNTABILITY ACT
8 DEPARTMENT OF HOUSING ANO COfllMU NITY DEVELOf>MENT
DMIIIOH Of' IIOUSINGPOUCYDEVELOPMENT
""°W.bC-.._ ..._ ,..
(11")_,.,, , , .. (I,.)_,.,.,
MEMORANDUM FOR: Pla"""'!I Oiredin and lnletested Parties M*n Krteby,OeputyOinl<;tor
Dtv~:icyDe velopmeot
H~slna AccoiOilty Act T.ct>nlc •I Anltt •nce
Advi sory (Gowmment Code Section 65589.5)
TheHousingAccountabiityAcl( HMJ,Govemmeo\Codesection65589.5,establishes limi!ations to a localgoverrvMnt' • ability todeny,reducethedensityof,0<mal<e lnl8asib4ehousingdevelopmeotprojed s,emergencyshettere,Offamlwofllerhwsing thata re consistent withobjectiw,localdevelopmen t stanllartlsanda,n trbuteto meetng housing need. The Legie.lature fn tenected the HA.A In 1982 and recently amendedtheHM to expand and str..,gthenitsprovisionsas parlo ftheovera l recognition of the cnUcaly low vounes of housing stock In Cailomia . In amending the HM the l eg'51aturemadere-pealedfindings that thelackofhousinQ and thelad<.ol affordablehousing, is a,;riticalpn:,blemlhll t threaien. andsociajqua lityoflifelnCalifomia.Thi s Tedlnical A
guk:lanoe on implementation of the HAA, lfldlJdjng the Hou.Ing Acc:ounlabllity Act Oec:lslon Matrt• Housing Accountability Act Decision Matrix Chffrutr36B StaunnQ{20JZC5tooto Bil 1671 Chffr ~ · Strengthens the HM by lncreas
andthes tandardolproolre,quir&dforawx:alagency t
to-moderal6--fflCOfllel'louaingdevelopmentprojects, a,
fnt1clS 1O,0000<fflOfe perunitonloca l - ncies thal
rejaction of anaffoRlablehousingdevelopmen t p,ojec
This decisioo tree gellera lly describes the components of the HM. Both affordable and market-rate developments are protected by components of the HAA. The statute contains detailed requi-ements that affect the applicability of the HM to a specific housing project based on its characteris~cs.
Cbi!Plff' 3ZII S111hlll!JQ{20U(AwrnhlyBl! 15]5\
sUlndard ilor de!ennlningconlormanoewith localland
CbaoW243$1aJdeso{2QJH{AsWllblYR !l 3194) -E
ainsis 1encylllindudeprojeds thata reoons'5tentwi ll
notzoningdes.ig"8tionona siteWthat zoneis lnconst
CbaPlm: 654 S111hMJ Q{20J9/S,,nate B'l 330\· Def,
sochasotljedives tandardsllildC()ll\?lllteapptica tion
prcjectstha t use a new pre-applicationproce ss.Most
JarMJary1,2025, urie sse )dondedbylhe l egislature1
Uyouhaveenyqueslions,Ofwo,Jk:llilceadd itional lnlc
ptea5'1oonladlhe0MsionofHousingPolicyDevelo!l
A) Does the project meet the definition of a housing development? Does one of the following findings apply?
(1) Housing element Is in compliance, RH NA has been
met (permitted)orexceeded for all income categories
proposed for project.
~~bii~~l~ 8ir8,!~f~crl;t:;:;si~~;~~i~ !°ihoo
tomitigateoravo ld lmpact.
(3) Denial is required to comply with specific state or federal law, and there is no feasible method to comply. (4) The project Is proposed on land zoned for agriculture or inadequate water or sewer.
(5) The project is inconsistent withJl21!! zoning and
general plan land usedesignaUon , andtheprojectisnot
proposed on a site ideolified in the housing element, and there are sufficient sites to aecorrmodate the RHNA or
zoning for emergency shelters.
v ..
Make finding and Project cannot be denied
move to C . w_lo P?tential HM
Housing Accountability Act T1dmlc1I Anlstanc, Advisory
lsthereaspecific , adverse
impact upon the public
healthorsafety?and
Is there no feasible method
to satisfactorily mitigate or
avoid the adverse impact?
YES
CanrT1c1ke
written
findingsto
deny project
or condition
approval at
lower-density.
N
The pr
cannot be
deniedw /o
potenlialHM
vlotatlon.
Sept. 24, 2024
Item #7 Page 655 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
PUBLIC HEALTH/SAFETY FINDING
Significant, quantifiable, direct and unavoidable
impact based on objective, identified written public
health or safety standards as they existed on the date
the application was deemed complete.
9 Sept. 24, 2024
Item #7 Page 656 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
PUBLIC HEALTH/SAFETY FINDING
The Legislature anticipated that the conditions
creating a specific, adverse impact would arise
infrequently.
10 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 657 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
HOUSING CRISIS ACT (SB 330)
• Codes and fees in place when application was
first filed apply
• Shot clock for application review
• No more than 5 meetings, including required
community meetings
• No net-loss of housing
• Prohibits housing caps and moratoriums
11 Sept. 24, 2024
Item #7 Page 658 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
DENSITY BONUS LAW
• Legal right to increase density
• May achieve a 50% increase with as few as 15%
units affordable
• An additional 50% increase with additional
moderate-income units
• Allows reductions in development standards
12 Sept. 24, 2024
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ITEM 7 - CARLSBAD VILLAGE MIXED USE
13 I II I II I I
I I II I II I I
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14 Sept. 24, 2024
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ITEM 7 - CARLSBAD VILLAGE MIXED USE
33 Categorical Exemptions – “been determined not to have a significant effect on the environment” (CEQA Guidelines) CEQA In-Fill Exemption (Class 32)
No larger than five acres and surrounded by urban uses
No sensitive habitat
Consistent with General Plan and zoning regulations
All required utilities and public services accessible
Would not result in any significant effects relating to traffic, noise, air quality or water quality
15 15
Sept. 24, 2024
Item #7 Page 662 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
The City Planner shall determine whether a private
or public project is a ministerial project and, if not, whether it is exempted from the requirements of
this chapter. (CMC §19.04.060) 2001
CARLSBAD MUNICIPAL CODE
16 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 663 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Exemption process is subject to 10-day appeal
• Notice of Determination of Exemption Posted
on Feb. 29, 2024
• No appeal was filed
17 17
( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 664 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Courts supporting use of exemptions
• Effective Jan. 2024, developers can challenge an
agency's determination that a project is
ineligible for a CEQA exemption.
CEQA
18 Sept. 24, 2024
Item #7 Page 665 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Project submitted to the city May 17, 2023
• Project deemed complete with planning issues
raised in letters Sep. 17, 2023, and Dec. 14, 2023
• City Planner was required to:
• Decide if the project was exempt under Carlsbad
Law
• Take action on the CEQA under the Permit
Streamlining Act
• Comply with the Housing Accountability Act for In-
Fill Exemptions
CEQA
19 Sept. 24, 2024
Item #7 Page 666 of 730
MORE INFORMATION
20 State Housing Laws
Density Bonus
1'lliil b<lllllll CIUtli'I~" tN dwillQ:llllltftl aao-nc,as prowlldund«G°"" . CAM ~ ~V
...r.t'Tadto,nnau-dltnslrybonusLlw.Tllllbi;Aatln.l!.
oru(lnlllfllleclto-.S1t1 lhllkflfllll"°"llb!Sof
SB-330 Housing Crisis Act
CA senate Biil 330(S l!i-l30) amended a ni.wnberof
stat utory provklonsand added GoY. C.ocle§66JOO.
tonvnonty ref,mf.'d to as t he ttou!.lngOl!Js Act of
2019 (HCA), whim became effect"1e on Jan. l,
2020. Thislnfo-eutletlnprOY! des anCNerriewof
how th!!' HCA afferts tlle City's rl!'.liew and app,OY.a.l of eligible,, housing developmerW.. Thf, bulletlft ft.ils beenupdaledmnsisten t withSB•S[effeallle Ja.n.
1. 2022t.
BACKGROUND
The HCA.ilb.H.edonlhe Ide.ii that needed housing
nasla r~alreadybeenpla nnedfOfbyloca l
Jurtsdlctlons.Accordirrgtoa2019tepo,1prepared
by UClA I.J!!wlS C.l!nt l!!r fot R@g!Onal Paliey Studio!!S, c1tiesandcoun1ieslnthesutehavec:ollect1vely
app,oved zoning fOf rouglvy Z.8 mlllon new
ho!Alng t.nlU.HOWevet",lhehousi"CiSnotgeltA'lg
built.
Tlle ~en1 community conulbu tK the lack
of hooslng prodlJClion to grow!nl regulatory
requirements. permk proce~ del.iys, and
exas.s1ve1111~andserlllel!fHS.U'latgiM1mpos;ed
on new de-.,elopme111 and growt h.
In r~io!!, HCAUl.'ateda number o/Mw
proced uresM1dleg!Uat1¥eNmltationl.oo
muRlclpalltlesw1tht hegoalo f u re.amlinlrethe
entlllernent process bysl.ashln1 the Ume illnd com
It takes llUl!CLlfl! pll!fmll5 for hot61n& thillt mHIJ. thelOClllllovemment'selllsti .. ,IAes.
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18-132
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TheHou slng:OlslsAct; ~
GovernmeM COde~
Govemmenteodl! !a!Z!
Govemrne,nt Codi! §655BlQI and ft,\
GovernmentCOde ~
Government COde~
Cio-Yernment Codl!~
Gcwl!rnment Cod, ~
GovernmentCOcle~
Prellm HouMI Development (SB·l30) Pre
Applkat>On; £:B
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The folb,o,llll sections provide lnfo,m,11tJon on
someof themot'l!lmportantpr~oftheHCA.
It should~ nofed rnat t/'l,e HCA I! w,rmtiy
ll'lret'Md to opp/'f to houslngde..efopmeflu p,oJ«ts
Wftictih-subm.lt'tPdoptP limilD')'app/itDtion
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sUMetsonJon.J.2aJ4.
PROJECT EUGIBIUTY
Projectsthat;welocatedout51cteofcallforn!ill
DepartmentofForesuyandfireProtectlo n's
jCALFIRElm,11pped'"Very-HipFresever1ty"zones
(Gov. COcle ill!Z!I and tMel the fol.lowing:
deflnllionsoftk>Uslna;De\>ekJpmentitl"eetlgiblefor
benefits ;1fforded under the HCA (Gov. c.ooe
§65589.S,(hHl)).
• Rei.ldenll;1l unllpro;Kl5consil. tingoftwoor
moreunlts (lndudlng•sl .. le•fitl"l'litvresldence
andAU.l!HOryl>welingUrtll) : or,
• Milied<-i.JSI! oe\lelopmenl consl5l1nl of
resldent1.il;1ndnonresldl!fltialuseswl tl'l at
leau two-thirds of t lie ~r, footate of 1:1'111!
Pro;ectdes.llnall!dfo r reslclenuai use; o,,
CllfflfflUnityO~Oepal"trMm I1usrara:1-,A..._ I c.rhbad,CA9200I I www.carlsb..:la.giw City of
Carlsbad
lnlcnnMk)nal lkllletln
1B-112
Sept. 24, 2024
Item #7 Page 667 of 730
Carlsbad Village Drive
Oak Avenue
21 Sept. 24, 2024
Item #7 Page 668 of 730
22 Sept. 24, 2024
Item #7 Page 669 of 730
2004
23 Sept. 24, 2024
Item #7 Page 670 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• City Council has approved various plans for
the Village and Barrio since the 1990s
• Most recent Plan approved in 2019
• Extensive public outreach
• Strong desire to maintain community
character
24 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 671 of 730
25 1
3 2
Gas Station/7-11
Not Included
Carlsbad Village Drive
Oak Avenue
Hope Avenue Alley
Parking
Garage
Residential
Bldg “D”
Bldg “A”
8,000 SF
Bldg “B”
5,800 SF
Residential
Bldg “C”
• Two parcels
• 4.12 acres
• 13,800 SF retail
• 218 apartments
27 affordable
• 50% density bonus
53 dwelling/acre
• 340 parking spaces
Retail Retail
MIXED USE
PROPOSAL
ITEM 7 - CARLSBAD VILLAGE MIXED USE
25 •
Sept. 24, 2024
Item #7 Page 672 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
26 Sept. 24, 2024
Item #7 Page 673 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
27 ITEM 7 - CARLSBAD VILLAGE MIXED USE
27 Sept. 24, 2024
Item #7 Page 674 of 730
• 50% density bonus increase (218 units total)
• 27 total very-low inco me units
• Five requested waivers:
• Allow five stories
• Deviation in architectural features
• Increase height for roof structures
• Waive maximum floor space
• Waive alley access requirement
28 ITEM 7 - CARLSBAD VILLAGE MIXED USE
1111111
Sept. 24, 2024
Item #7 Page 675 of 730
• June 5th hearing: Continued
• June 19th hearing: Continued
• July 17th hearing: Held
• Staff presented the project
• Public comments (4 “yes”/ 39 “no”)
• Recommended approval
29 ITEM 7 - CARLSBAD VILLAGE MIXED USE
1111111
Sept. 24, 2024
Item #7 Page 676 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Public outreach/notification
• Traffic
• Commercial space
• Future project changes
• Loss of retail uses (grocery, hardware, bakery, pharmacy) • Project scale, design, neighborhood character
• Uses adjacent to the I-5
30 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 677 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Public outreach/notification
• Traffic
• Commercial space
• Project scale, design, neighborhood character
31 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 678 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Consistency with Policy 84
• Content of early public notice
• Website for public engagement
32 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 679 of 730
33 City of
Carlsbad
Council Policy Statement
Category:
Poticy No.
D·a.t e Issued:
Effectiv e Date:
Resollution No.
CancBllat ion, Date:
Supersedes No.
S4
l l/S/2017
3/5/10 18
2017-128.
Specific Subject Deve lopment Project Public Involvement Polley
PURPOSE
To hellp ensure applfcants prop osing certain development projects are aware of and have considered In put from Interested a,nd affecte d stakeholders prior to project conslde rati on l:ly city decision mak.ers. The policy Is Intended to supplement and not replace or con met with legal notici ng re.i1ulrnments or any othe
BACKGROUND
Thi~ policy provides a framewo k
affe cted membe rs of the public; p
Input and how it wa.s considered t
pu l:ll lc hearing process.
Appllcantsare requi red to send a
applfcat lon,s. The earl'( public notl
• A l:lrl@ f description of the p
o Project name
o Address and neare
o The proposed U!aQ,
o Building square foo
o Ma)( mum height
1Ma1i led INl,oti•C:e
Appllicants are required to send a pubUc notice witlhin 30 days of submittal ! of devellop1ment appllications .. Tlhe earrlly publlic notice slhallll be sent • ss U.S. Postall Service and incllude:
• A brief description of the proposed prroj
o ProJect naime
o Address and nearest cross streets
o Tlhe proposed use, number of dwelllling units, project features, etc. o BuHding square footage(s)
o Maxi1mu1m lheiglht
Sept. 24, 2024
Item #7 Page 680 of 730
APPLICANT PROJECT NOTICE
34 NOTICE OF PROJECT APPLICATIO
GR.T CARLSBAD\ IU..AGE LLC
June 13, 2023
Dear Neighbors and Interested Stakeholders:
Per City Council Policy No. 84, this is to infoan yo
submitted the following development application to
PROJECT NUMBER: SDP2 023-0014
PROJECT NAME: C arlsbad Village Mi
PROJECT ADDRESS: 945-1065 Carlsbad
ASSESSOR PARCEL NO: 203-320-53, -54, -5
DATE OF APPLICATION: May 17, 2023
PROJECT DESCRlPTION : Site Development
construct a 218-unit mi:<ed use project with 13,800
4.12-acre site. The project will include 22 very-low
PROJECT DESCRIPTIO Site Development Plan to redevelop an existing shopping center and construct a 218-unit mixed-use project with 13,800 square feet of neighborhood enring retail on a
4.12-acre site. The project will include 22 very-lo,~r-incon1e affordable units. The retail component will be contained in t\NO one-sto buildings and the residential component in o five-story buildings. The project will include approximately 350 parking spaces at-grade and in a parking sttucture as ~rell as open space and landscaped areas. See attached site plan and elevations. v.~ll be contained in twoon e-storybui ldings andthe----------.------. -------------------------------------- buildings. The project will include approximately 350 parking spaces at-grade and in a parking struchue, as well as open space and landscaped areas. See attached site !an and elevations.
APPLICANT CONTACT: Jonathan Franke
Atlantis Group
2488 Historic. D
CITY PROJECT PLANNER: Jason Goff, Seni
Jason.Goff! car
If you would like more infonnation or would like
to contact me at the email address above. The pro
input is welcome. Yon can also provide your fee
If =· ou \1\ oufild mike mnore infionn~tciton or l~lou]d mike io pro . ide mput on the :project pm.ease do not l11tesitate to con tact me at the eniail address above. rrhe proj ect ii . ctmentl r undler re • iew by the Ci!Y.:?nd your mput i ·. ,velconie_ You cm also, pro,. ide your feedback b vi itmg r\VlVlv.ca1·lsbad,illa·gemiixecluse.com_ A decision to approve or den) this a_pphcation \1vifil be made b} Uie City at a :ffiuture public hearing ,m d you ·wiii be notified of the hearin g in ad . ance.
A decision to approve or deny this application --------------~ ---------------------------------- you will be notified of the hearing in advance.
Sincerely,
Jonathan Franh."e!
Atlantis Grnup
Attachment: Site Plan and Building B evations
A ttac m1ent: Site P an an Builaing E levations
Sept. 24, 2024
Item #7 Page 681 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Applicant required to select at least one method
to solicit community input
• Public meeting; or
• Project website; or
• Mailed informational packet
35 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 682 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Different ways to measure traffic
• Vehicle Miles Traveled = distance of travel
• Level of Service = traffic volume and delay
36 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 683 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Governor’s Office of Planning & Research
Guidelines
• Screening criteria that exempts projects
• Projects located ½ mile from transit exempted
• Measurement taken in straight line not path of
travel
37 Major Transit Center
Project Site
VEHICLE MILES TRAVELED
( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 684 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Needed to determine General Plan compliance
• Carlsbad Village Dr. designated “identity street”
• Not subject to LOS standards
• New project expected to reduce traffic trips
38 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 685 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Loss of existing commercial businesses
• Ensuring the new commercial gets built
• Concerns the commercial parcel will be
developed with more residential
39 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 686 of 730
ITEM 7 - CARLSBAD VILLAGE MIXED USE
• Building height
• Bulk and scale of the structures
• Character of the downtown
40 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 687 of 730
RECOMMENDED ACTION
ITEM 7 - CARLSBAD VILLAGE MIXED USE
Adopt the resolution, exhibit 1, approving the
site development plan as described in the
staff report.
41 ( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 688 of 730
FINDINGS FOR DENIAL/DENSITY REDUCTION
ITEM 7 - CARLSBAD VILLAGE MIXED USE
42 specific, adverse
impact* upon public health or safety unless disapproved or approved at a lower density; and
Sept. 24, 2024
Item #7 Page 689 of 730
CARLSBAD VILLAGE
MIXED USE PROJECT
Eric Lardy, City Planner
Cliff Jones, Principal Planner
Jason Goff, Senior Planner
September 24, 2024
43 43
( city of
Carlsbad
Sept. 24, 2024
Item #7 Page 690 of 730
Carlsbad Village Mixed Use (CVMU)
City Council
September 24, 2024
1 Sept. 24, 2024
Item #7 Page 691 of 730
30+ Years of Building Mixed Use Communities
2 T
he Lucky (Mixed Use)
Whole Foods (Retail)
Pacific Coast Highway (Mixed Use)
Sept. 24, 2024
Item #7 Page 692 of 730
Decades of Deferred Maintenance and Neglect
3 Current Gateway to the Village…
Sept. 24, 2024
Item #7 Page 693 of 730
4 What is Master Plan’s vision for this site in the future? Village and Barrio Master Plan, Charette Summary Report (Page 13-14) I terstat
Sept. 24, 2024
Item #7 Page 694 of 730
5 Property
Acquired
Outreach
Begins
Application
Submittal
Coordination
with City +
Technical
Review
Continued
Outreach
December 2021 May 2023 2023 - 2024 20242022
Local Investor Acquires Carlsbad Village Plaza
Grocery-Anchored Shopping Center Sells fo r $23.5 Million By Adr ian Robl es
cos tar Research
Januar y 31, 2022 111:41 AM
THE COAST NEWS GROUP
THE COAST N EWS I THE I NLAND EDITION
cmES v NEWS v COLUMNS v EVENT CALENDAR LEGAL NOTICES v SPECIAL SECTIONS v PO Carlsbad Village Plaza
Legal Notices a.rchieve
How to Place Legal Ads
Carlsbad Village Plaza eyed for mixed-use
development
0June 21, 2023 OJ a ®4708
CARLSBAD - A new mixed-use development of commercial
buildings and more than 200 residential units could signal the end of Carlsbad Village Plaza. The 4-acre ...
~ Carlsbad Village is at New Village Arts Theatre.
\J May13-Carlsbad- 0
•• Tomorrow! Village Voices meeting, Tues. May 14, 8-9:30 AM at the Dea Huston New Village Arts Center.
Learn about the Carlsbad Village Plaza redevelopment project and upcoming CVA summer events.
Plus, enjoy complimentary coffee and snacks. :::, .. See more Sept. 24, 2024
Item #7 Page 695 of 730
Community Concerns - What We Heard
6 Sept. 24, 2024
Item #7 Page 696 of 730
MARKET
7 Multi-Building
Approach
Walkability +
Pedestrian Safety
Community Concerns - How We Responded
Secured Parking
+ Noise Buffer
1 2
3 4
Single-Story
Retail
Sight Lines Building Height
□ , □
RESIDENTIAL
I I ..,.._..._,._.,___, ,_.,...
PARK NG
r
I
,
, I
\ J
\ _J
Lr
/)
Sept. 24, 2024
Item #7 Page 697 of 730
8 Aligns with the Village and Barrio Master Plan
and complies with State Law.
Provides new affordable housing for very low-
income families and working professionals
Includes updated retail to support small
businesses and provide a full-service market
Creates a vibrant new community consistent
with Carlsbad’s established reputation for
thoughtful master planning.
Conclusion
Sept. 24, 2024
Item #7 Page 698 of 730
9 Sept. 24, 2024
Item #7 Page 699 of 730
Predominant CVMU concerns
• Deficient public outreach (approved by staff)
• Separate retail and residential lots for mixed-use
– Will retail portion get timely developed?
• Inappropriate staff exemption from detailed CEQA
(env
ironmental) study
– Flawed traffic analysis: Inappropriately screened-out – De
ficient cumulative impact analysis
– Public health exception (food/pharmacy desert; air quality; noise) 1 Sept. 24, 2024
Item #7 Page 700 of 730
Summary of requested actions by City Council
• Send project back for public outreach
• Require consolidation of site into single lot or re-calcul ate density bonus only on residential lot
• Require retail to be developed at same time as apartments • Remove City Planner’s authority to waive restrictions/conditions • Send project back for additional CEQA review (VMT, cumulative impact, and/or
public health)
• Request voluntary design changes or impose mandatory design changes • Impose additional conditions of approval to improve project/reduce impact
2 Sept. 24, 2024
Item #7 Page 701 of 730
CARLSBAD VILLAGE PLAZA MIXED
USE
Carlsbad City Council Meeting
Sept. 24, 2024
Kris Wright
District 1 Carlsbad
Sept. 24, 2024
Item #7 Page 702 of 730
CARLSBAD VILLAGE PLAZA
ESTABLISHED IN 1964
Sept. 24, 2024
Item #7 Page 703 of 730
REQUEST TO DENY THE PROJECT
SIA.TE OE C&IEORNIA- BUS INESS CONSUMER SERV ICES AND l:IOUS ING AGE NC .. ..._ _______ ___,GAYIN NEWSOM G~
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W . E l Camino Avenue, Suite 500
Sacramento , CA 95833
(916) 263-2911 / FAX (9 16 ) 263-7453
www hcd ca gQV
MEMORANDUM FOR :
FROM:
SUBJECT:
September 15, 2020
Planning Directors and Interested Parties
Housing Accou ility Act Technical Assistance
Advisory (Government Code Section 65589.5)
The Housing Accountability Act (HAA) , Government Code section 65589 .5, establishes limitations to a local government's ability to deny , reduce the density of, or make infeasible housing development projects , emergency shelters , or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need. The Legislature first enacted the HAA in 1982 and recently amended the HAA to expand and strengthen its provisions as part of the overall recognition of the critically low volumes of housing stock in California . In amending the HAA, the Legislature made repeated findings that the lack of housing and the lack of affordable housing , is a critical problem that threatens the economic , environmental, and social quality of life in California . This Technical Assistance Advisory provides guidance on implementation of the HAA, including the following amendments .
Chapter 368 Statutes of 2011 <Senate Bill 167\ Chapter 373 Statutes of 2011 (Assembly Bill 678) - Strengthens the HAA by increasing the documentation necessary and the standard of proof required for a local agency to legally defend its denial of low to-moderate-income housing development projects , and requiring courts to impose a fine of $10 ,000 or more per unit on local agencies that fail to legally defend their rejection of an affordable housing development project.
Chapter 378 Statutes of 2017 (Assembly Bill 1515) - Establishes a reasonable person standard for determining conformance with local land use requirements .
Chapter 243 Statutes of 2018 (Assembly Bill 3194) -Expands the meaning of zoning consistency to include projects that are consistent with general plan designations but not zoning designation on a site if that zone is inconsistent with the general plan .
Chapter 654 Statutes of 2019 (Senate Bill 330) - Defined previously undefined terms such as objective standards and complete application and set forth vesting rights for projects that use a new pre-application process . Most of these provisions sunset on January 1, 2025 , unless extended by the Legislature and Governor .
If you have any questions , or would like additional information or technical assistance , please contact the Division of Housing Policy Development at (916) 263-2911 .
Sept. 24, 2024
Item #7 Page 704 of 730
REQUEST TO DENY THE PROJECT
Government Code 65589.5
"The HAA does not prohibit a local government from exercising its authority to disapprove a housing dev e lopm en t project, but rather provides limitations and conditions for exercising that authority." "If the local government fails to provide the written documentation with the required timeframe, the housing development project is deemed ... compliant .
Government Code 65589 .5 (j)(l)
When a proposed housing development complies with applicable objective general plan , zoning and subdiv isio n standards and criteria including design review standards but the local agency propose s to disprove the project ... the local agency shall base its decision regarding the proposed housing development upon written findings supported by a preponderance of evidence on the record that both of the following conditions exist:
1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density .
2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the di sa pproval of the housing development project or approval of the project upon the condition that it be developed at a lower density .
Definitions :
Preponderance of the evidence in the record establishes that the standard is necessary to mitigate or avoid spec ific, adverse impact upon the public health or safety and there is no feasible alternative method to sa tisfact orily mitigate or avoid the adverse impact. '5pecific adverse impact means a significant, quantifiable, direct and unavoidable impact based on objective , Identified writt e n public health or safety standards, policies or conditions as they existed on the date the application was deemed complete. This definition to the written findings that a local agency must mak e when it disapproves or impo ses conditions on a housing development project ....
Government Code 65589.5 (d)(2), (j)(l)(A).
Sept. 24, 2024
Item #7 Page 705 of 730
REQUEST TO DENY THE PROJECT
1. Approx 3500 Seniors are located in the Village and Barrio (2020 US Census).
2. 11.4% of Seniors 65y+ live below the Federal Poverty level. (Live Well, County of San Diego 2018-2022)
3. There are 6 Senior affordable Apartment complexes in the Village and Barrio that house Seniors 55+ consisting of approximately 230 units. One, Tyler Court Senior Affordable apartments is owned by the City of Carlsbad.
4. The Seniors were here before the application was submitted and completed.
5. Our Seniors are a vulnerable part of our population, and a Health and Safety issue of high magnitude will occur if this project is passed.
6. T o document the Senior population living in these affordable complexes, a scientific study was done to officially document some of these seniors.
Sept. 24, 2024
Item #7 Page 706 of 730
REQUEST TO DENY THE PROJECT
NAME(PRI
TESTIMONIAL
CARLSBAD VlllAGE PLAZA
rum:
u tTit:. ________ _
L ARE YOU A RESIDENT OF AN AFR>RDABU: SENIOR APARTMENT OOMPl.EX IN THE VllLAGE./BARR.10? (YftU_ ____ _ WHJa-t ONE? ________________ _
2. HOW LONG HAVE YOU LIVED IN THIS AFJCORDABLE SENIOR APARTMENT? _________ YRS _____ MO. 3,. 00 YOU REGUlARLY SHOP AT THE CARL58AD VILlAGE PLAZA (Y/N )? ___ AT SMART & FlNAL (Y/N)? ___ _
4. I.F NOT, HOW DO YOU GET YOUR GROCERl:ES , PRESCRlPTIONS AND HARDWARE EEDS? .S. 00 YOU OWN A CAR (Y/N)? ______ _
6. 00 YOU OWN A COMPUTER WITH INTERNET (Y/N)? _______ _ 7, HAVE 'IOU EVER ORDERED ONLINE FOR YOUR GROCERIES TO BE DEUVERED (Y/N)? _____________ _ S. HOW OFTEN OOYOUORDERO LINE(IFYOUAN.SWEREOYESTOQUESTION 7)? PER MONTH 9, 00 YOU BELONG TO AN ORGANIZED FOOD PROGRAM (SUCH AS FOOD STAMPS OR RECEIVE GROCERJES FROM A FOOO PROGRAM SUCH AS OCEANSolDE KITCHEN ODUABORATIVE) ON A REGUl.AR BASIS? (Y/N)? PLEASE CIRCU ABOVE AS TO WHICH ONES APPLY.
10, Will YOU FACE A HARDSHIP llJ:.; NO TRANSPORTATION HIGHER COSTS TO PURCHASE ELSEWHERE. DELIVERY FEES OR ANY OTHER EFFECTS) IF THE VlllAGE PLAZA GOES Y/N ) ? PL.EA.SE EXPlAJ • -----------------------------------------
WITNESS SIGNATURE
Sept. 24, 2024
Item #7 Page 707 of 730
REQUEST TO DENY THE PROJECT
J•ffor on H'ouse
II
Affoo-da 'bla, Apt• "..,-
(55+t 57 nit•,
/
Carl 'bad by Cl o Sea
Ret ,ement Communl,ty
Jafi ar-aon IHoua:a I
Affo,rd - bl• A_,.ts
j,55•J, 48 unite■
Tyl•r Ct Affor,dalola
Apt:. (55•t, 7'5 un ta
Ca lsbad Ci@!'isbad
v· lage P 'laza
Sept. 24, 2024
Item #7 Page 708 of 730
REQUEST TO DENY THE PROJECT
RESULTS TYLER COURT SENIOR APARTMENTS
Testimonials: Tyler Court
# Resident Yrs/mo Shop at Plaza Smart n Final? car? computer with internet ever ordered groceries online organized food program h ardship Notes ly 7/0 y y y y n n y Higher cost, thinking of selling my car, safer to walk to plaza than over the freeway to vons 2y 11/0 y y n n n y y Delivery fees, higher costs, no transportation. This person uses a wheeled cart and walks to plaza 3y 14/6 y y y n n n y harder to drive being handicapped 4y 18/2 y y n n n y y No car can't get o ano her pharmacy or grocery store, Vons on Tamarack is too far/crossing freeway is scary.
She uses a walker with a seat to walk to plaza lx per week, stopping many times to rest.
Sy 0{7 y y y y n y y Increased cost of living & decreased quality of life, financial, physical, psychological b/c on fixed income 6y 2/0 y y y y n n y increased food costs & possible delivery fee. Fears his driving skills will decline as he ages.
Relies on other shops such as pharmacy & cleaners
7 y 8/0 y y y y n y y Will have to drive further (Winco, grocery outlet) spend more on gas By 2/6 y y y y n y y Always uses this shopping center/concerned about driving further 9y 0/8 y y y n n y y Gas costs increase. Time and energy will increase 10 y 0/8 y y y n n y y driving further, convenience
11 y 2/3 y y y y n n y Increased costs in food & gas, longer time spent to get to other places 12 y 1/9 y y y y n n y Higher costs, gas mileage
By 4/0 y y n y• smart phone n y y Bus ride would take hours, walks to Plaza 14 y 18/6 y y n n n ? y
15 y 16/0 y y n y y lxpermo y y!! Doesn't have affordable options 16 y 20/0 y y n n n n y No transportation
17 y 20/1 y y y y n y y
18 y 8/0 y y y y n y y "there are a lot of people here that do not own a car. I walk to Smart n Final & plaza" There are 75 units in he City owned Tyler Court Apartments. Senior affordable apartm!nts 55Y+ wi h many seniors in heir 801. Most live alone, abou 7 out of 75 have two people per uni .
I
Results: All participan s shop a he Plaza and said hey will experience a hardship if he Plaza goes away. Many expressed fear of having to drive or walk across he freeway o Vons Tamarack. 12/18 own a car but one is hinking of selling. 11/17 (one was unclear) are on a food stamp or other reduced food program. 11/18 have a computer or phone with internet. All but one in this survey have never ordered groceries online.
All fear increased cos s as all are on a fixed income.
Sept. 24, 2024
Item #7 Page 709 of 730
REQUEST TO DENY THE PROJECT
JEFFERSON HOUSE 1 & 2, TAVURUA AFFORDABLE APARTMENTS
Jefferson House 1
rs/mo Shop a Plaza Smart n Final? car? compu er wi h in erne ever ordered groceries online organized food program h ardship No es 1 y 6/0 y y y y y 1x per mo y y Concerns abou driving further for Rx and food es imonials from Jefferson House 2
1 y 19/0 y y y n n y y Higher costs, delivery fees, cancers abou driving further 2 y 17/0 y y y y n n y higher cos s if purchase elsewhere 3 y 20/2 y y n n n n y No car so walks o grocery, drugs ore, cleaners & hrift s ore 4y 3/5 y y n y y 2x per mon h y y No car, low income concerns abou higher costs elsewhere 5 y 'sto y y y n n n y higher cost, driving on busy roads o o hers ores 6y 7/0 y y y y n y y higher costs for gas o drive further. 7y 2/4 y y y y n y y Concerned abou cos of gas (so walks o grocery/plaza) By '310 y y y n n n y Driving further (gas) and needs he pharmacy es imonials from Tavarua Senior Ap s
1 y 2/1 y y y y y lx per mon h n y cost of gas, says if she has car issues, she can walk o he plaza 2 y 10/3 dna y y n n n y can walk for needed i ems
3 y 12/0 y y n n 1x in whole life y y!!! Doesn' have a car and walks o ge services 5 y 10/0 y y y y n y y walks every day o plaza. Concerned abou higher costs. 6y '310 y y y n n n y
All residen sin all 3 senior affordable apartmen s say hey will suffer a hardship if he Plaza goes away. All are concerned abou higher costs. 11/14 have a car, 7 /14 have a compu er wi h in erne . 10/14 have never ordered groceries online. 7 /14 belong o an organized food program such as EBT (foods amps). All are concerned abou ei her driving or walking further, and higher costs.
Sept. 24, 2024
Item #7 Page 710 of 730
REQUEST TO DENY THE PROJECT
COMPARISON OF FOOD MARKETS BARONS, VALLEY FARMS AND SMART & FINAL (MAY 2024)
II Smart & Final Carlsbad (5/17/24) Valley Farm La Jolla (5/17/24) Barons Market Pt Loma (5/31/24) Item Brand Price UOM Brand Price UOM Difference Brand Price UOM Difference Apples Gala $1.49 lb Gala $2.49 lb 67.11% Gala $2.49 lb 67.11% Apples Granny Smith $1.49 lb Granny Smith $1.99 lb 33.56% Granny Smith $1.99 lb 33.56% Bananas $0.69 lb $1 .25 lb 81.16% $0.69 lb 0.00%
Butter 1st Street 4 sticks $4.49 1Ib Alta Dena 4 Sticks $6.99 lb 55.68% Alta Dena 4 sticks $4.99 lb 11.14% Chicken, Whole, Cooked In house $8.99 ea In-house $10.99 ea 22.25% In house $7.99 ea -11 .12% Chicken, Whole, Fresh In-house $1.59 lb In-house $5.99 lb 276.73% In-house $2.79 lb 75.47% Coffee, Ground Peets $10.99 lb Wipeout Coffee $23.99 lb 118.26% Four Sisters $7.99 lb -27.30% Eggs, Cage Free 1st Street CF $4.99 dozen Eben Haezer CF $3.99 dozen -20.04% Veg-A-Fed CF $3.99 dozen -20.04% Eggs, Organic Sun Harvest Organic $5.99 dozen Happy Hen Organiz $9.99 dozen 66.78% Cadia Organic Free Range $5.99 dozen 0.00% Fish, Fresh Salmon Atlantic Prev Frozen $14.99 lb Salmon, Wild $19.90 lb 32.76% Salmon Sockeye Prev Frozen $16.99 lb 13.34% Ground Beef, Fresh 83% lean $4.99 lb 80% lean $7.99 lb 60.12% 80/20 $6.99 lb 40.08% Lettuce $2.49 ea Iceberg $1 .99 ea -20.08% Iceberg $3.99 ea 60.24% Milk Alta Dena whole $4.99 gal Alta Dena Whole $8.99 gal 80.16% Swiss whole $4.69 gal -6.01 % Onion, Yellow $1.49 lb $1 .99 lb 33.56% $1.50 lb 0.67%
Peanut Butter Jif 40oz $0.20 oz Jif 40Oz $0.27 oz 37.55% Crazy Richards 16 Oz $0.25 oz 24.84% Potato, Russet $0.99 lb $1 .49 lb 50.51% $0.50 lb -49.70% Tomato, Beefsteak $1.99 lb $1 .99 lb 0.00% $3.99 lb 100.50% Water La Croix 12 oz can $0.50 ea La Croix 12Oz Can $1.49 ea 198.00% La Croix 12 oz can $0.66 ea 32.25% White Bread Dave's $5.99 loaf Dave's $8.99 ea 50.08% Sourdough Store Brand $4.49 ea -25.04% Yogurt Mount High Organic $3.99 32 oz Stauss Organic $9.49 32oz 137.84% ? Organic $6.49 32oz 62.66% Average Difference Baseline 68.10% 19.13%
I
Sept. 24, 2024
Item #7 Page 711 of 730
REQUEST TO DENY THE PROJECT
CONCLUSIONS
1. ALL SENIORS WHO TOOK THE SURVEY SAID THEY WOULD FACE A HARDSHIP IF THE VILLAGE
PLAZA AND ITS STORES WERE REMOVED
2. ALL SENIORS SHOPPED AT THE VILLAGE PLAZA AND SMART & FINAL
3. ALL SENIORS SAID THEY WOULD BE NEGATIVELY IMPACTED AND FACE A HARDSHIP IF THIS
DEVELOPMENT PASSES
4. 14 SENIORS SAID THEY DO NOT HAVE A COMPUTER WITH INTERNED TO ORDER GROCERIES
5. WE HAVE 9 SENIORS WHO DO NOT HAVE A CAR/TRANSPORTATION AND WILL BE NEGATIVELY
AFFECTED BY THIS DEVELOPMENT (MANY HAVE HEALTH ISSUES)
6. VARIOUS COMMENTS FROM SENIORS INDICATED THEY WERE CONCERNED ABOUT HIGHTER
COSTS AND HAD NO AFFORDABLE OPTIONS
7. 18 SENIORS SAID THEY BELONGED TO AN ORGANIZED FOOD PROBRAM SUCH AS EBT/FOOD STAMPS
8. TESTIMONIALS ARE MEANT TO BE LEGAL DOCUMENTS WITH A WITNESS SIGNATURE
9. MOST OF THE SENIORS AT TYLER COURT (75 UNITS) LIVE ALONE AND ARE AFRAID OF LOSING THEIR DRIVING SKILLS AS THEY AGE AND ARE AFRAID OF CROSSING OVER THE I-5 TO GET
TO VONS
10. PLEASE CONSIDER YOUR CONSTITUENTS AS THEY ARE ON A FIXED INCOME AND CANNOT
AFFORD TO BUY AT A HIGHER PRICED MARKET
Sept. 24, 2024
Item #7 Page 712 of 730
Carlsbad Village Mixed Use (CVMU)
project concerns
September 24, 2024 City Council
Steve Linke
Sept. 24, 2024
Item #7 Page 713 of 730
CEQA/Vehicle Miles Traveled (VMT)
• Housing laws co-exis t with CEQA
environmental laws
• High VMT correlates with higher GHGs and
can be
associated with congestion
Sept. 24, 2024
Item #7 Page 714 of 730
VMT common sense
• Local-serving retail is VMT-red ucing
• Project eliminates ~80% of Plaza’s local-servin g retail – Customers must travel farther, on average
• Project adds 218 new apartments + 5-stor y parking
garage
• Common sense: Project will lead to a net VMT
increa
se
– Staff wrongly exempted the project from CEQA
– Regardless, changes possible if number of units not
decre
ased and project remains feasible
3 Sept. 24, 2024
Item #7 Page 715 of 730
VMT guidance/experience
• VMT analysis guidance
– State: Office of Policy and Research (OPR)
– Carlsbad: VMT Analysis Guidelines
• 13 years experience (4 years on traffic commission)
• Met with OPR professionals
• Professional opinion from former Carlsbad CTE
Sept. 24, 2024
Item #7 Page 716 of 730
Appropriate VMT analysis
• Residential and retail components of mixed-
use pr
ojects should be analyzed
independently.
• Residential component should be analyzed
using
VMT/capita map.
Sept. 24, 2024
Item #7 Page 717 of 730
VMT/capita map
method
• 218 new apartments
• CEQA threshold:
85 % of city average
VMT/capita
Traffic Analysis Zone 818
95% of city average VMT/capita
Train station
CVMU site
Sept. 24, 2024
Item #7 Page 718 of 730
Inappropriate methods allowed
• “Net VMT change” calculation
• Combined retail and residential parts
• Not appropriate with VMT-red ucing local-
serving retail
• Allowed to subtr act existing retail mileage
Sept. 24, 2024
Item #7 Page 719 of 730
Flawed and inappropriate “net VMT change”
method/calculation
8 Type
P'rroj1ect
Displaced
Existing
( to be removed ~
Foot11otes:
Land - •e
Res.identi.-il
Mairiket --
Qtu'llity Restauran t
Reta.i] / Strip Commercia]
Subtotal P troi1ed
In tern.ii C aptm ·,e b
Prnj-ed External T!lips
TABLE2
REJO,EVELOIPIMENT VMT
Quantit_r
218, DU
5.8, KSF - - -
6 KSF --
2 KSF
-
-
-
Hardwaire Store displaced) 9 KSF
Grocery Store (displaced) 19 KSF
Tofal Project+ Di')pla ,r,e<l -
Shopping Center 58.7 KSF
Net Cha112e in VMT
a_ Average trip lengths from StieetLi~ht Dar plat:furm.. See Attadmie.nt B.
D111ily Volumes (ADU ATL 11•
Total
Vl\·IT R111te Volume
6 /D 1,308, 10.5 13,734
150 /KSF 870 6.5 5 655 - - -
100 /KSF 600 6.5 3~900 - - -
40 /KSF 8,0 6.5 520
- 2 .. 858 - 23.809
1 - 6;16 - : 1 31,
- 2.,242 - 18,6;77
60 /KSF 540 4.0 2 160
120 /KSF 2.,280 2.0 4,5 60
- - - 25.397
LO /KSF 7 044 6.5 45,786
-20,389
b. linternal c--llptur,e e-.. timated using CHRP' 8:..5 1 Intema] Trip Capture Estimation Tool VMT reduction calculated. by m:nLtiiplying capttn;ed ADT by ,veighted m,•e,rage, trip length ofunadjusted Project trips.
Sept. 24, 2024
Item #7 Page 720 of 730
Net change method: OPR guidance
“[E]stimating the change in total VMT with and without the project can evaluate whether a project is likely to divert existing trips, and what effect those diversions will be on total VMT. This method answers the question, 'What is the net effect of the project on area VMT?'…The analysis should address the full area over which the project affects travel behavior, even if the effect on travel behavior crosses political boundaries.”
Sept. 24, 2024
Item #7 Page 721 of 730
Net change method: Carlsbad VMT
Analysis Guidelines
“There may be circumstances where a project meets one of the screening criteria, but evidence suggests that the project may increase areawide VMT.” “[An] example is redevelopment of core services (basic grocery shopping, general needs stores/services, etc.) that the existing population relies on.
Removing these core services, without replacing them, may cause VMT to increase as existing residents travel farther to access these services.” Sept. 24, 2024
Item #7 Page 722 of 730
STAFF SLIDE
X
Redevelopment Projects
Wh re a project repl c,es existing VMT-gen,e ,ating land uses, if the repla ement leads to a net overall decr,ease in VMT, the project ould lead to a less-than -significant transportation impact. If the project leads to a net overall increase iin VMT, then the thresholds described above should apply.
Requires Addressing the ,Q,uestions:
• Hlow does VMT going to/from 1 this site change witlh tlhe project act ion?
• What is tlhe net change in VMT to/f rom tlhis site?
Evaluat ing Total VMT Generated by a Project:
• All vehicle trips are traced to/from 1 the project site. Trips ar,e not truncated at city or regional boundar ies. The trip lengths from all t rips to/from the project site are summ1ed up to produce total project VMT for the site.
• The calculation cons iders the existi ngVMT to/from the site, and the future VMT to/from the site.
Sept. 24, 2024
Item #7 Page 723 of 730
…
f ro1m: Eric Lardy <Eric. La rd y1@ca rl s bad ca . gov> Sent:: !Friday, Sept ember 1, 2023 1:39 PM
T10 : Jason Goff <[email protected]>
Cc: M ilke S11:rong <M ike.S ro ng1@car lsba dca .gov>
Subje1ct RE: 2.ND CYCLE REVIEW1. CARLSBAD VI ULAGE MIIXED USE - SDP2D2.3-0D14 VMl > emo: . ot clear hy t hey aren1't highhghting 6 in t his ta ble, t hey are stat ing that it .· asn't evaluated. Ho •. can removing a locally serving re am be a ne reductio n of VMl • it hout evaluat ing it? For Criteria 3, he net decrease in reta i'I is a ou · • 0,00 0, I th ink that one shou ld be remo ved entirely and focus on screening it out based on proximity to trans it The OPR leclhnica l Advisory does st at e t hat proje ts • it hin a ½ mile t ransit stat ion should be presumed to have a less tha n significant impact . . one of he except ions to his appear to apply. {Page 16') Revise,• Proposal on Updates to the CEQA. Guidelines on Evaluating Transportat ion Impacts in CEOA (ca.gov) I t hin k t he st rongest argume nt i~ to documen t the proximity to trans it \.· hy the exoept ions don't apply/. and bac it up • ith CAPCOA standards hat i is mixed use and includes a'· ·ordab le housi·ng. That . ·ay .- e don't have to make t he claim that it is locally serving ret ail or redu ing V • •. •• T.
Sept. 24, 2024
Item #7 Page 724 of 730
“Transit-oriented” project exceptions
• The presumption of non-signi ficance would not
apply if:
– “Project-specific or location-spe cific information
indicates that the project will still generate significant levels of VMT.”
– “[The project includes] more parking for use by
resid
ents, customers, or employees of the project
than required by the jurisdiction…”
Sept. 24, 2024
Item #7 Page 725 of 730
Project parking
• State law says zero parking spaces must be accepted
14 TABILIE ID - PARIK!I NG ST ANDA.RDS
Typ1e NoI. of CoIm miercial V'BM P Re1quir1ed 1CMIC 21.,86 1Req11U11ired Propiosed oif Use IRes,.U its, Studi,o 15 1 spaIce per unit 0.5, space per unit -
(15 spaces)1 (8 spaces)
1-Bdrm 87 1 spaIce per unit 0.5, space per unit 284 spaoes - (87 spaces)1 1[44 spaoes) (13 spaces 1~5 spaces per unit 0.5, space per unit 2,-Bdrm 90 - per unit) 1(135 spa1ces)1 1[45 spaoes) 3-Bdrm .26, 1~5 spaces per unit 0.5, space per unit
-
f 3,9 SIP aces l1 U3 su acesl
I Resiident:i a1III T1ota Is:: 276 spacie<S 110 spaces 284 sp,a,ces I R,etai ~ '9 8·00 5-F 1 space per 415, SF -- -, I , . ,, , ' (.24 spaces)1 56 spaces 1 space per 170 SF Restaurant -- 4,000 SF (.24 spaces}1 -
I Com me l'icia1ll l 1otals:: 48 sp,a1ces - 516 sp,aces I OweraH T1otals:: 1--[ __ ,3_:24_· _s-=--p_ac_. 1e_,s_- ______________ 3_41_,0_s.....:.p_,a_c_e_s_.
Sept. 24, 2024
Item #7 Page 726 of 730
STAFF SLIDE
XTransit Screening Assessment:
Other Criteria: Including More Parking Than Required
Presumption of Less Than Significant Impact Near Tronsit Stat.ions Propose d CECA Guideline Sect ion 15064.3, subdivisio n (b)(1), states t hat lead age ncies genera lly should presume th at certa in projects [including ra iclential, retail, and office projects, as. well as projects th at are a mix of tlhese uses ) propos.ed within ½ mile of an exist ing major t ransit stop1!l or an existing stop 20 Pub. Resources C.ode, § 21064 .. 3 r •MaJor transit stop' means a sit e oontainlng an exist ing rail tran s.It sta tion, a ferry terminal served by eithe r a bus o r rail transit service, or the intersection of two· or mo re major bus routes with a fr equency of se1Vi ce interva l of 15 minutes or less duning t ile morning. and afternoo n peak commu~e periods.').
Bl Page
December 2018
along a high qua 11 ty transit oorrl do r21 will have a less -t ha -sig riifi cant Im pact o ri VMT. This pres um pt lo n would not app: y, l,owe11er, if pro jec:t-specific or location-specific informat ion indicates that the project will still genera,te significant le11els of VMT. For e)(ample, the presump tion might not be appropriate if the projiect:
• Has a Floor Area Ratio (FAR) of less than 0.75
• Ind de5 m ore p;arki for use bv ~eside11ts, custome rs, or em ployees ol the proj ect tha11 required by the Jurls.dic~ion (if the Jurisdiction r•equires the project to supply parking) • Is incons istent with the applicable Sustainable Comm unities St rategy {as dete rmi ned by tile lead age11cy , wit h input from the Metropo litan Plarm in8 Organization,) • Replaces affofdable residential u lts vith a smaller numbef of moderate- o.r hlgh-ilricome resident ial unrts
Parking Supply
General Residential
Access ible Resident ial
EV Charging Residential
Genera l Commercia l
Access ible Comme rcial
EV Charging Comme rcial
TOTAL All Spaces
iTOTAL General Spaces Provided
Parking Required (VBMP)
Residential
Com1merci al
TOTAL Spaces Required
Number of
Spaces Provided
261
8 15
50 3
3 340
311
Number of
Spaces Provided
276
48 324
Sept. 24, 2024
Item #7 Page 727 of 730
Planned CVD Rincon (50 apts in 5 stories/72 ft)
16 Sept. 24, 2024
Item #7 Page 728 of 730
Lot configurations
17 Carlsbad Village Inn
Single-family home
2 single-family homes
Carl’s Jr.
CVMU Hope Apartments
'
Sept. 24, 2024
Item #7 Page 729 of 730
Design changes/conditions
• Conditions of approval
– Unbundle parking costs from rent to incentivize less vehicle ownership – Require a car-shar ing program and provision of alternative modes of travel – Require free or subsidized transit passes to residents – Parking structure can only be used by residents
• Design changes that would allow more space for retail and/or allow space to be repu
rposed for apartments with lower building heights)
– Reduce or eliminate parking garage cons istent with transit-oriented development – Move some or all parking underground
– Build residential over retail ("vertical" mixed-use)
– I
ncrease commercial square footage to allow a larger grocery store to help avoid a food dese
rt and reduce the amount of lost local-serving retail
18 Sept. 24, 2024
Item #7 Page 730 of 730