PUBLIC HEARING ITEMS:
PH1 P22-0181 — 1304 N. Santa Fe Avenue— Kira Builders, LLC The applicant, Kira Builders, LLC, is requesting approval of a Site Development Plan to construct 36 apartment units on an approximately 1.3-acre site located at 1304 N. Santa Fe Avenue. The project proposes to construct two four-story apartment buildings, open space amenities, parking, and associated site improvements. The proposed project is categorically exempt from the requirement to prepare an environmental document pursuant to Section 15332— In-fill Development Projects—of the California Environmental Quality Act Guidelines because the proposed project meets the five in-fill conditions of Class 32 exemptions.
RECOMMENDATION:
1. Adopt Resolution 2023- , approving a Site Development Plan to develop a 36- unit apartment complex and associated site improvements on an approximately
1.3-acre site located at 1304 N. Santa Fe Avenue (APN 161-251-30-00).
Principal Planner Michael Ressler provided the staff presentation.
Applicant presentation provided by Stephan Gaspar of Kira Builders, Inc.
Planning Commission comments/questions:
• Commend efforts of applicant on outreach to surrounding community. • Concerns over the height of the project. Is the applicant able to consider shifting units around to accommodate lowering the height of the building? Chair Rosaler opened the public hearing.
SPEAKERS:
• Karen Lindberg (In Opposition)
• Erik Bruvold (In Favor)
• Martha Morari (Neutral/No Position)
Chair Rosaler closed the public hearing.
Planning Commission comments:
• Impressed with applicant's reaction to Early Design Review concerns and comments and proactive outreach to surrounding community for project input. • Well designed.
• Concerns regarding parking, especially toward overflow in surrounding residential neighborhood.
• Project will improve existing area in the long run, but there will be an impact on surrounding single-family homes.
• Possible solution to height adjustment: conversion of Unit A-20 from 1 Bedroom to 2 Bedroom and conversion of Units B-10 and B-11 from 1 Bedroom to Studio. 02/28/2023 PH1 72 of 90
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January 17, 2023
CMNR. AGUILERA MOTIONS TO ACCEPT RESOLUTION, SECONDED BY CMNR.
GARRETSON WITH AN ADDED CONDITION OF APPROVAL AS FOLLOWS:
1. ADOPTED RESOLUTION 2023-01, APPROVING A SITE DEVELOPMENT PLAN TO DEVELOP A 36-UNIT APARTMENT COMPLEX AND ASSOCIATED SITE IMPROVEMENTS ON AN APPROXIMATELY 1.3-ACRE SITE LOCATED AT 1304 N. SANTA FE AVENUE (APN 161-251-30-00).
2. PLANS SUBMITTED FOR BUILDING PLAN CHECK SHALL ILLUSTRATE APPROXIMATELY 27 FT. OF THE WESTERN MOST PORTION OF
BUILDING "B" BE REDUCED TO THREE STORIES. IN ORDER TO
ACHIEVE THIS CONDITION, UNITS B-10 AND B-11 CAN BE REDUCED TO STUDIO UNITS AND UNIT-20 CAN BE INCREASED TO A 2-BEDROOM UNIT. AN ADJUSTMENT IN UNIT TYPE AS A REPERCUSSION OF THIS
CONDITION WILL NOT CONSTITUTE ADDITIONAL PARKING
SUPPLY. FINAL DESIGN AND CONFIGURATION OF BUILDING "B"
SHALL BE SUBMITTED TO THE CITY PLANNER FOR REVIEW AND
APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS.
MOTION CARRIED: Vote 5-0
PH2 P22-0381 — Skateboard Ramp Amendment— City of Vista The proposed project amends Chapter 18.08, the E-1 Zone, Chapter 18.10, the A-1 Zone, Chapter 18.28, the R-1 Zone, Chapter 18.72, the Nonconformity Regulations within the Vista Development Code to allow skateboard ramps exceeding six feet in height with a Minor Use Permit (MUP) within these single-family residential zones, and to establish regulations for nonconforming recreational accessory structures.
RECOMMENDATION:
1. Adopt Resolution 2023- , recommending City Council approval of an ordinance amending chapters 18.08, 18.10, 18.28, and 18.72 of the Vista Development Code related to skateboard ramps in single-family residential zones and nonconforming accessory structures.
Director of Community Development& Engineering John Conley provided the staff presentation.
Planning Commission comments/questions:
• None
Chair Ressler opened the public hearing.
SPEAKERS:
• Courtney and Evandro Menezes (In Opposition)
• Gregg Witt (In Opposition)
Tony Hutchinson (In Favor)
• Alicia Hutchinson (In Favor)
• Connie Brown (In Favor)
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January 17, 2023
• Cyrus Masroori (In Favor)
• Marji Pittman (In Opposition)
• Elliot Sloan (In Opposition)
• Kevin Patterson (In Opposition)
• Colin Jones (In Opposition)
Chair Rosaler closed the public hearing.
Planning Commission discussion:
• Was there input received from an expert review of the amendment? o Response from Mr. Conley: Mr. Alec Beck from the Tony Hawk Foundation (The Skatepark Project) offered input to staff.
• How did staff come up with the 18-month amortization? o Response from Ms. Guy: Staff researched ranges and looked at history of the Court's response to amortization of investments. The range found was between 1-5 years, 18-months was a balance of the range. • Will the residents currently affected by the amendment be "grandfathered" in? o Response from Mr. Conley: Yes. Residents will have 18 months to apply for MUP.
• Approval of amendment does not mean that Vista is anti-skateboarding. • Skateboard ramps in single-family residential zones could help kids reduce electronic screen time by providing access to outdoor activity.
CMNR. GARRETSON MOTIONS TO ACCEPT RESOLUTION, SECONDED BY VICE CHAIR GRIMM.
1. ADOPTED RESOLUTION 2023-02, RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING CHAPTERS 18.08, 18.10,
18.28, AND 18.72 OF THE VISTA DEVELOPMENT CODE RELATED TO
SKATEBOARD RAMPS IN SINGLE-FAMILY RESIDENTIAL ZONES AND NONCONFORMING ACCESSORY STRUCTURES.
MOTION CARRIED: Vote 5-0
PH3. P22-0082 — Costco Fueling Station Relocation — MG2 The applicant, MG2, is requesting an amendment to a previously approved Special Use Permit and Site Development Plan (PC8-086), to relocate the existing Costco fueling station to include new fueling equipment, parking lot modifications, and associated landscape improvements at 1755 Hacienda Drive (APN 166-440-19-00).
RECOMMENDATION:
1. Adopt Resolution 2023- , granting an amendment to a previously approved Special Use Permit and Site Development Plan (PC8-086), to relocate the existing Costco fueling station to include new fueling equipment, parking lot modifications, and associated landscape improvements at 1755 Hacienda Drive (APN 166-440- 19-00).
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January 17, 2023
Principal Planner Michael Ressler provided the staff presentation.
Planning Commission comments/questions:
• How did staff calculate the number of parking spaces? o Response from Mr. Ressler: based on gross floor area of the building. • Was a traffic study done and will fueling stations increase traffic? o Response from Applicant: A traffic study was conducted. An increase in the number of fueling pumps will increase traffic but will also have the effect of getting customers through the queue quicker.
o Higher traffic on weekends compared to weekdays.
• Will relocation increase traffic on Hacienda Drive? • Will the left turn traffic signal stop free flow of incoming traffic? • Traffic to queue on Costco property.
• Total reduction of 7 parking stalls (666 stalls to 659). • Will the relocation create any vehicle turning conflicts in the existing aisles? • What is the proposed construction timeline?
c Response from Applicant Proposed start date is January 2024. Site work to last approximately 75 days, construction of gas station to last approximately 85 days, and approximately 60 days to decommission old gas station and convert to parking.
• Fueling station will use red light/green light system to notify vehicles in queue of open pump. Attendants will also be on site to facilitate flow of traffic.
Chair Ressler opened the public hearing.
SPEAKERS:
• None
Chair Rosaler closed the public hearing.
CMNR. AGUILERA MOTIONS TO ACCEPT RESOLUTION, SECONDED BY CMNR.
LOONEY.
1. ADOPTED RESOLUTION 2023-03, GRANTING AN AMENDMENT TO A
PREVIOUSLY APPROVED SPECIAL USE PERMIT AND SITE
DEVELOPMENT PLAN (PC8-086), TO RELOCATE THE EXISTING COSTCO
FUELING STATION TO INCLUDE NEW FUELING EQUIPMENT, PARKING
LOT MODIFICATIONS, AND ASSOCIATED LANDSCAPE IMPROVEMENTS AT 1755 HACIENDA DRIVE (APN 166A40-19-00).
MOTION CARRIED: Vote 5-0
PH4 P22-0411 —Mobile Showers — City of Vista
The proposed project amends Chapter 18.38, the C-1 Zone, Chapter 18.40, the C-2 Zone, Chapter 18.42, the C-3 Zone, and Chapter 18.44, the M-1 Zone within the Vista Development Code to permit mobile showers and mobile laundry services with a Minor Use Permit. The proposed amendments would add °mobile showers" and "mobile 02/28/2023 PH1 75 of 90
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January 1.7, 2023
laundry services" categories to the list of minor uses in each of these zones, as well as specify that these uses would be permissible outdoors within these zones with approval of a MUP.
RECOMMENDATION:
1. Adopt Resolution 2023- , recommending City Council approval of an ordinance amending chapters 18.36, 18.40, 18.42 and 18.44 of the Vista Development Code related to mobile showers and mobile laundry services.
Director of Community Development & Engineering John Conley provided the staff presentation.
Planning Commission comments/questions:
• Proposed project is a "stand alone" service which means the issued MUP will not require service to be tied to other homeless services.
• Conditions of approval for a mobile shower MUP will only be granted for a set period of time, no approvals for permanent use.
• There are unknown consequences to approval of the amendment. • Amendments are not business friendly. The burden lies on businesses to finance services and provide utilities. Mobile services could attract homeless populations to business centers.
• Existing organizations already provide this service. • Potential loopholes for ill-intentioned applicants? Chair Rosaler opened the public hearing,
SPEAKERS:
• None
Chair Rosaler dosed the public hearing.
Commission discussion:
The Planning Commission does not recommend amending Chapter 18.38 (C-1 Zone) or 18.40 (C-2 Zone) as the Commission finds that standalone mobile showers and mobile laundry services may adversely impact commercial retail uses, particularty higher density shopping centers that share common parking facilities, and that these proposed land uses would be more compatible with the manufacturing and industrial uses that predominate in the C-3 and M-1 Zones.
CMNR. AGUILERA MOTIONS TO ACCEPT RESOLUTION, SECONDED BY CMNR.
GARRETSON.
1. ADOPTED RESOLUTION 2023-04, RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING CHAPTERS 18.42 AND 18.44
OF THE VISTA DEVELOPMENT CODE RELATED TO MOBILE SHOWERS AND MOBILE LAUNDRY SERVICES.
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January 17, 2023
MOTION CARRIED: Vote 5-0
REPORTSICOMMENTS FROM COMMISSION MEMBERS
• None
Director of Community Development & Engineering John Conley • The next Planning Commission meeting will be held February 7, 2023. • On January 10, 2023, the City Council adopted the Inclusionary Housing Program and Vista Business Park Specific Plan Amendment.
• On January 24, 2023 the City Council will hear an item regarding the future use of a water detention basin located off Townsite Drive adjacent to Buena Vista Creek and an item regarding speed humps and green bike lanes. • Vista Chamber of Commerce "State of the Community Luncheon" is January 23, 2021
• Commissioner request for project updates:
o Kensho Housing Project— In planning review
o Pala Vista Park— Target completion date is May 2023 o Taco Bell on E. Vista Way —various ongoing contractor issues ADJOURNMENT:
Chair Rosaler adjourned the meeting at 8:34 PM.
a
SECRETARY
02/28/2023 PH1 77 of 90
KIRK
B V I LOERS.INC.
January 27, 2023
Patsy Chow Michael Ressler
City Planner Principal Planner
200 Civic Center Drive 200 Civic Center Drive
Vista, CA 92084 Vista, CA 92084
Re: Appeal of the City of Vista Planning Commission's Conditional Approval of P22-0181 - 1304 N. Santa Fe Avenue
Ms. Chow and Mr. Ressler:
I am writing on behalf of KIRE Builders, Inc. and DK Santa Fee, LLC ("KIRE")with respect to our Site Development Permit application for the project commonly known as 1304 N.
Santa Fe Avenue (the"Project"). The Project was conditionally approved by the City of Vista ("City' Planning Commission on January 17, 2023. This letter serves as KIRE's appeal of the Planning Commission's January 171h decision regarding the Project pursuant to Vista Municipal Code sections 18.04.150 and 18.64.080.
The Project is subject to the protections of the Housing Accountability Act ("IAA"), Government Code section 65589.5. The Project is subject to the HAA because, as an entirely residential project, it qualifies as a"housing development project" defined in Section 65589.5(h)(2). The HAA limits local agencies to imposing `objective, quantifiable, written development standards, conditions, and policies" when reviewing housing development project applications. (Gov. Code § 65589.5(f)(1).) Furthermore, local agencies may only apply the objective ordinances, policies, and standards that were adopted and in effect at the time that the applicant submitted a preliminary application for the housing development project pursuant to SB 330, Gov. Code section 65941.1. (Gov. Code § 65589.5(o)(1).) KIRE submitted its development application for the Project on May 10, 2022. The Project complied with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, as evidenced by City staff's recommendation that the Planning Commission approve the Project as proposed at the January 17ih hearing. As stated in the Conclusion and Recommendation of the Staff Report prepared for the hearing, "The proposed project is consistent with the existing General Plan designation of Mixed Use (MU), the project complies with the development standards of the MU (40)—North Santa Fe Overlay Zone, and the project is compatible with the surrounding land uses nearby the project site.
Therefore, staff recommends the Planning Commission's approval of the attached resolution for a Site Development Plan for the North Santa Fe Apartment project" (Planning Commission Staff Report,Public Hearing January 17, 2023, P22-0181,p. 8.) KIRE BUILDERS , INC .
10625 SCRIPPS RANCH RLVD. SUITE F SAN DIEGO, CA 92131
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Furthermore,the Planning Commission made the following finding in the Resolution approving the Project: "1. The project conforms with the following: a) All applicable elements of the General Plan, Development Code regulations, Design Guidelines, including the community' s goals and objectives as established by said documents, and other applicable City codes, ordinances and policies, state laws and applicable safety codes." (See Resolution No. 2023-01.)
Nevertheless,the Planning Commission imposed the following subjective condition on the Project:
2. Plans submitted for Building plan check shall illustrate approximately 27 ft. of the western most portion of Building`B" be reduced to three stories. In order to achieve this condition, Units B-10 and B-11 can be reduced to studio units and Unit-20 can be increased to a 2-bedroom unit. An adjustment in unit type as a repercussion of this condition will not constitute additional puking supply. Final design and configuration of Building `B" - shall be submitted to the City Planner for review and approval prior to issuance of building permits.
The decision to impose Condition#2, even as subsequently clarified by staff, was not based on any objective, quantifiable, written development standards, conditions, or policies. The Planning Commissioners noted that the Project complied with the applicable height limit but thought the Applicant could or should do more to appease objecting neighbors with respect to the height and massing of the Project. That concern is undeniably subjective, and is rooted in opposition to the density,height, and massing that were already approved by the City when it rezoned this site to accommodate multifamily housing. This behavior is exactly what the HAA is intended to protect against. Therefore, Condition#2 is an illegal, subjective requirement that violates the HAA.
The HAA also prohibits local agencies from denying projects that comply with all objective standards or`Smpos[ing] a condition that the project be developed at a lower density" unless the agency makes written findings supported by a preponderance of the evidence that the project would both(i)have a specific, adverse impact upon the public health or safety, and (ii) there is no feasible method to satisfactorily mitigate or avoid the adverse impact other than disapproval of the project or imposition of a condition requiring a reduction in density. By conditionally approving the Project,the Planning Commission denied the Project as proposed and required the Project to eliminate two units with one bedrooms in favor of studios. Even with the related change to allow one additional bedroom in a unit that was formerly a one bedroom, making it a two bedroom, the Planning Commission violated the HAA by failing to make the KIRE BUILDERS, INC .
10625 SCRIPPS RANCN BLVD. SUITE F SAN DIEGO, CA 92131
02/28/202') F CE: (888) 9S4-7326 I FA%:I8f5 $ S-3539 I KIREBOILDERSIN C.Com 79 of 90
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BNILDEFS, INC.
findings specified above. KM hereby requests that the City Council approve the Project as proposed, without requiring a redesign of a completely compliant project.
Condition#2 is illegal because it is not based on any objective written standard.
Furthermore, the Planning Commission failed to make the findings required by the HAA when conditioning the Project, comely that the Project would have a specific, adverse impact that could not be feasibly avoided. For both of these reasons,the Planning Commission's January 17a' decision should be overturned and the Project should be approved as designed.
Sincerely,
Step��iy�-•_r _
KI RE BUILDERS, INC.
10625 SCRIPPS RANCH BLVD. SUITE F SAN DIEGO, CA 92131
02/28/20'IJFICE: I889) 954-7326I FAX:(850 (08-3539 KIREBUILDERSINC.COM 80of90
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Financial
CITY OF VISTA Contribution
G A L I F 4 N N I A
Disclosure
Form
In accordance with Government Code Government Code §84308, appointed or elected officials acting in a decision-making capacity for the City of Vista may not participate in any decision on a project where a contribution of$250 or more was received by said appointed or elected officials from the applicant within a 12-month period preceding the decision, or a 12-month period following the decision. This requirement equally applies to members of the Planning Commission and the City Council with respect to the review of any land use decisions considered by the City of Vista.
The current Planning Commission and City Council members are as follow:
Vista City Council Vista Planning Commission
John Franklin, Mayor Richard Rosaler, Chairman
Corrina Contreras, Deputy Mayor, District 1 Charlie Grimm,Vice Chairman Joe Green, District 2 John Aguilera
Katie Melendez, District 3 Garry Garretson
Dan O'Donnell, District 4 Beth Hastings
Don Looney
John Savage
I hereby certify that I, as the project applicant, and/or my agent(s) and/or majority investor(s) have not made, been solicited for, or directed any monetary contributions totaling more than $250 to any of the above listed City officials.
Applicant's Nam
0011-
Signature:
02/28/2023 PH 1 81 of 90
EXHIBIT 4: PROJECT LOCATION MAP
N. SANTA FE APARTMENTS
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EXHIBIT 4
02/28/2023 PH1 82 of 90
January 16, 2023
Michael Ressler
Planning Department
City of Vista
200 Civic Center Drive
Vista,CA 92084
Subject: Letter of Support for the N Santa Fe Apartment project(P22-0181) Dear Mr. Ressler,
We are a group of neighbors who live on W Indian Rock Road and Puffin Drive and we would like to share our support the N Santa Fe Apartment project.We have lived in the area for periods ranging from 6 years to 34 years. In recent years,we've seen the number of people and cars in many of the homes increase because of the high cost of housing. Many houses have multiple families, and the driveways are full of cars.
As more people move to Vista we need to provide more housing for them otherwise our neighborhoods will continue to get more overcrowded and the cost to live here will continue to increase.There isn't a lot of land left to build on,so apartments are the best way to add more housing to help address the need.
The N Santa Fe Apartments will provide new housing opportunities for current and future Vista residents.Our families support this new project in our neighborhood and we ask the Planning Commissioners to do the same.
Sincerely,
Vicente Cortez—34 year resident /
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Vista,CA 92083
Joaqulna Caldere—27 years resident
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Osvaldo Villasenor—20 years resident
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Fernando Rayo—10 years resident
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Gerardo Cardenas-6 years resident
EXHIBIT 5
02/28/2023 PH1 83 of 90
From: Timothy Schultz
To: Michael Ressler;aasoar(ftirebuildersinc.com
Subject: Letter of Support for the N Santa Fe Apartment project(1322-0181) Date: Tuesday,January 17,2023 3:41:22 PM
Attachments: imaae212614.Dna
imaae540573.ioa
imaae641186.a_na
Dear Mr. Ressler,
My name is Tim Schultz and my wife and I live at in Oceanside. While we're not technically Vista residents, our home is located less than
1.5 miles from the Vista city limits. Because I live much closer to Downtown Vista than Downtown Oceanside my family and I patronize Vista businesses much more frequently and consider ourselves Vista residents more than Oceanside.
My wife and I purchased our home in 2018 after searching County-wide for where we wanted to live. Initially we hoped to be more centrally located based on our on jobs but we were challenged to find a community that was affordable while also being a place we wanted to start our family. As we started learning more about North County we found the Oceanside/Vista communities met our price range for affordability and was also a great area to raise a family.
While we were fortunate to be able to purchase our home, many families in our community are challenged with housing affordability. It's widely recognized that our region is in a housing crisis and that's mainly because supply has not been able to keep up with demand. The only we can begin to address affordability issues is to increase the supply by approving and building more housing.
We were recently made aware of the proposed 36 unit N Santa Fe Apartment project located at 1304 N Santa Fe Ave in Vista, CA. While most of the recent developments in Vista are luxury with a long list of amenities to justify top of the market rents, we've learned that the proposed N Santa Fe Apartmentcommunity has been designed with affordability at the forefront and looks to target middle income households. Based on our experience living in the Vista area since 2018 this is exactly the type of housing our community needs.
My wife and I support this project and hope to see many more like it approved so more housing can be made available to all income levels. We're hopeful that the decision makers feel the same way. Thank you for the opportunity to share this feedback.
Sincerely,
Tim Schultz
02/28/2023 PH1 84 of 90
January 13, 2023
Michael Ressler
Planning Department
City of Vista
200 Civic Center Drive
Vista,CA 92084
Subject: Letter of Support for the N Santa Fe Apartment project(P22-0181) Dear Mr. Ressler,
My name is Daniel Santos and my family and 1 live at-We have lived in our home for 4 years. Over that period of time, we've seen the number of people and cars in many of the homes increase bemuse of the high cost of housing. Many houses have multiple families, and the driveways are full of cars.
As more people move to Vista we need to provide more housing for them otherwise our neighborhoods will continue to get more overcrowded and the cost to live here will continue to increase.There isn't a lot of land left to build on, so apartments are the best way to add more housing to help address the need.
The N Santa Fe Apartments will provide new housing opportunities for current and future Vista residents. My family and I support this new project in our neighborhood and we ask the Planning Commissioners to do the same.
Sincerely,
Daniel Santos
02/28/2023 PH1 85 of 90
From:joe belshin
Sent:Thursday, January 12, 2023 10:48 AM
To: Michael Ressler
Cc: Stephan Gaspar ; Amy Belshin
Subject: N Santa Fe Apartment project (P22-0181) located at 1304 N Santa Fe Ave in Vista,■ Dear Mr. Ressler,
My name is Joe Belshin and I'm writing this email to share my support for the N Santa Fe Apartment project(P22-0181) located at 1304 N Santa Fe Ave in Vista, CA. My family has owned the property directly north of the site located at 1318 N Santa Fe Ave since 2002. This project looks like a huge improvement from the neglected residence that sat empty for many years right next to door.
My property consists of 4 local businesses; Gold Touch Jewelry (Humberto), Chicano Corner (Francisco), Charros Barber Shop (Rosa), and Ria Check Cashing (Atrurro). All are looking forward to the local business that should be generated by the new neighbors.
Since we've owned our property, we've watched Vista's positive growth.Because land and construction costs are historically high, the majority of new apartment communities in Vista are luxury with all of the amenities to support top of the market rents. I understand the N Santa Fe Apartment project has been designed to target middle income households which is a type of housing that is certainly needed in Vista.
In addition to the need for more housing, the project is located in an area and a zone that the City has already said they want more housing in. I'm told that the project design also meets all of the requirements of that zone and that the City staff is recommending approval of the project.
Based on all of this I want to reiterate my tenants and family support for the N Santa Fe Apartment project and I hope the decision makers do the same at the upcoming hearing.
Looks like another positive development for Vista.
Sincerely,
Joe Belshin
Owner
1318 North Santa Fe
02/28/2023 PH 1 86 of 90
From: Michael Golden
Sent:Thursday,January 12, 2023 10:30 AM
To: Michael Ressler
Cc: Stephan Gaspar
Subject: Planning Commission Meeting- 1304 N Santa Fe Apartment Project Dear Mr. Ressler,
My name is Michael Golden and I'm a Principal Broker with Lee &Associates North County. I specialize in the sale and leasing of retail, investment, and industrial properties throughout San Diego County. I'm reaching out to share my support for the proposed N Santa Fe Apartment project in Vista and to offer my perspective as a real estate professional active in the area.
I work closely with land owners, property managers, developers and investors every day to understand their needs so I can support their businesses. I've been involved in over 28 transactions in the City of Vista over the past 3 years so I understand how these different groups evaluate decisions around their businesses in your community.
Through the General Plan and Housing Element, the City of Vista has identified a need for additional housing and they've designed zones to allow for that housing to be built.The developers I work with look for scenarios just like this—a City says we need housing and provides the ability to build it.
Once the developer finds a City to invest in the next step is to find a suitable property with a seller who is willing to sell. Contrary to what you might think, this is a fairly rare occurrence, especially in the uncertain economic times we've been in over the past 3+years and the coming years we're looking towards.The land value agreed upon by the buyer and seller is based on what can be built per the City's planning documents.
Once the sale takes place the developer begins working with the City to design a project to meet the City's requirements. If through that process the developer is not able to build what the City's planning documents allow for(number of units, height, parking etc..), then the resulting value of the property will go down. Development involves a large amount of risk by nature so it's critically important to developers that they're able to execute the development rights of their land to the full extent, if desired, by way of what the City's approved documents allow for. If they're prevented from building in accordance with the City's approved guidelines then they, and other developers, will invest elsewhere.
I hope my perspective will be helpful to assist the Commissioners with their upcoming decision.The N Santa Fe Apartment project meets all requirements so I urge the Commissioners to support the project so the City of Vista doesn't miss out on future housing opportunities.
Sincerely,
Michael Golden
Michael Golden
Principal
Lee & Associates I North San Diego County
02/28/2023 PH1 87 of 90
C 760.310.6567
D 760.448.2447
O 760.929.9700
[email protected]
41 Corporate ID 01096996 License ID 013359892
1902 Wright Place I Suite 180
Carlsbad, CA 92008
1U% 'in f
02/28/2023 PH1 88 of 90
{ Vista Chamber of Commerce
` /I 170 Eucalyptus Ave, #115
V ( Vista, CA 92084
Klkao* (760) 726-1122
Chamber of [email protected]
Commerce www.vistachamber.org
1923-2023 ----
Planning Commissioners
City of Vista
200 Civic Center Drive
Vista, CA 92084
January 16, 2023
Dear Planning Commission,
The Vista Chamber of Commerce would like to express support for the KIRE Builders' proposed 36 unit apartment community located at 1304 N .Santa Fe. California, and especially San Diego County, is in dire need of more housing, particularly housing for our workforce including teachers, firefighters, police officers, health care workers and employees of local Vista businesses.
The above referenced project is located in an area identified for higher density development, near transit and existing commercial and retail. Our understanding is that the project meets all zoning requirements and the housing goals as identified in the City's General Plan and City staff is recommending approval.
In addition, KIRE Builders has done extensive community outreach and has made project modifications in response to community input.
Thank you for your consideration.
Sincerely,
ak cw G`
Rachel Beld
CEO
Vista Chamber of Commerce
cc. Kire Builders
02/28/2023 PH 1 89 of 90
Exhibit 6
Full Scale Plans
Limited Distribution
EXHIBIT 6
02/28/2023 PH1 90 of 90
You don't often get email from [email protected]. Learn why this is important From:Doris Calvo
To:Kathy Valdez
Cc:Claire Lopez
Subject:FW: N. Santa Fe Apartments (Planning Case No. 22-0181) Date:Monday, February 27, 2023 12:58:16 PM
Attachments:2023.2.27 Letter re Appeal of PC Decision on 1304 N. Santa Fe Ave (P22-0181).pdf Hello –
This is an add to packet.
Doris
From: Pote, Sue
Sent: Monday, February 27, 2023 12:45 PM
To: John Franklin ; Doris Calvo
Cc: Hutter, Timothy ; [email protected]
Subject: N. Santa Fe Apartments (Planning Case No. 22-0181) Good afternoon, Mayor Franklin and Councilmembers:
Attached is a letter to you from Timothy Hutter of today’s date.
Thank you – Sue
Sue Pote | Legal Secretary
Allen Matkins Leck Gamble Mallory & Natsis LLP
600 West Broadway, 27th Floor, San Diego, CA 92101-0903 [email protected] | Direct (619) 233-1155 x32211
Allen Matkins
_____________________________________________________
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PH1
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
One America Plaza
600 West Broadway, 27th Floor | San Diego, CA 92101-0903 Telephone: 619.233.1155 | Facsimile: 619.233.1158
www.allenmatkins.com
Timothy M. Hutter
E-mail: [email protected]
Direct Dial: 6192351510 File Number: 392846.00008/4888-0093-9859.2
Los Angeles | Orange County | San Diego | Century City | San Francisco Allen Matkins
Via Electronic Mail
February 27, 2023
Hon. Mayor John Franklin
Vista Civic Center
200 Civic Center Dr.
Vista, CA 92084
Email: [email protected]
Vista City Council
Vista Civic Center
200 Civic Center Dr.
Vista, CA 92084
Email: [email protected]
Re: N. Santa Fe Apartments (Planning Case. No. 22-0181) Hon. Mayor Franklin and Councilmembers,
This law firm represents KIRE Builders, Inc. (“KIRE”), applicant for the N. Santa Fe Apartments project referenced above (the “Project”).
On January 17, 2023, the City’s Planning Commission adopted Resolution No. 2023-01, which granted conditional approval of the Project. KIRE has submitted an appeal of the Planning Commission’s decision, on the ground that certain conditions imposed by the Planning Commission violate the Housing Accountability Act (“HAA”).1 For the reasons discussed herein, we urge to you to grant the appeal, and approve the Project without the challenged conditions.
The Housing Accountability Act
The HAA aims to address the statewide housing shortage and promote the approval of housing development projects by meaningfully and effectively curbing the capability of local agencies to deny, reduce the density of, or render infeasible such projects.2 To that end, where a project qualifies as a “housing development project” under the HAA, local agencies may only require compliance with applicable, “objective” development standards.3 This provision of the HAA ensures that developers have certainty in what standards, conditions, and policies apply to their project and how those standards can be met.
1 Gov. Code § 65889.5.
2 Gov. Code § 65589.5(a)(2)(K).
3 See Gov. Code §65589.5(j).
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Hon. Mayor John Franklin
Vista City Council
February 27, 2023
Where a housing development project “complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards,” a local agency cannot deny the project or impose conditions that lower the project’s density unless it makes written findings based on a “preponderance of the evidence” that the project will have a specific, adverse, and unmitigable impact to public health and safety.4
In short, under the HAA, the City may not deny a project or impose conditions reducing a project’s density simply based on aversion to or discomfort with the project’s proposed design or density. To the contrary, if a project complies with the City’s objective development standards, the City must approve the project as proposed unless it can make the requisite findings under the HAA.
Planning Commission’s Action Violated the Housing Accountability Act The Project consists of a Site Development Plan to develop a four-story, 36-unit apartment complex, and thus qualifies as a “housing development project” subject to the HAA.5 In advance of the January 17 Planning Commission hearing on the Project, City staff prepared a report concluded that the Project was consistent with the applicable General Plan designation, zoning standards, and Design Guidelines.6 In its resolution approving the Project, Planning Commission likewise found that the Project conformed with “[a]ll applicable elements of the General Plan, Development Code regulations, [and] Design Guidelines.”7 Notwithstanding these findings, Planning Commission impermissibly applied the following subjective Condition of Approval to the Project:
2. Plans submitted for Building plan check shall illustrate approximately 27 ft. of the western most portion of Building “B” be reduced to three stories. In order to achieve this condition, Units B-10 and B-11 can be reduced to studio units and Unit-20 can be increased to a 2-bedroom unit. An adjustment in unit type as a repercussion of this condition will not constitute additional parking supply. Final design and configuration of Building “B” shall be submitted to the City Planner for review and approval prior to issuance of building permits. The west building elevation shall be modified to include additional architectural features and enhancements in order to create
4 Gov. Code § 65589.5(j)(1).
5 Gov. Code. § 65589.5(h)(2) (defining a “housing development project” as any use consisting of residential units only).
6 See January 17, 2023 Planning Commission Staff Report on P22-0181, pp. 7-8 7 Planning Commission Resolution No. 2023-01, p. 2.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Hon. Mayor John Franklin
Vista City Council
February 27, 2023
offset roof plans and create visual interest. Final design of all building elevations shall be reviewed and approved by the City Planner.
This above condition violates the HAA for multiple reasons.
Initially, the condition that a portion of the Project be reduced from the proposed 4 stories (53 ft., 5 in.) to 3 stories is inconsistent with applicable, objective development standards established by the North Santa Fe Overlay Zone, which permits a maximum building height of 4 stories or 60 feet, whichever is less. Indeed, it appears this condition was imposed solely due to neighbors’ subjective concerns over the height and massing of the Project. An arbitrary reduction of the Project’s height based on such subjective concerns is expressly prohibited under the HAA.
The condition that the west building elevation be “modified to include additional architectural features and enhancements in order to create offset roof plans and create visual interest” is similarly subjective. Under the HAA, “objective” standards involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to external and uniform benchmark or criteria available and knowable by both the development applicant and the public official.8 The Planning Commission’s condition mandating a redesign of the Project’s west elevation makes no reference to such objective benchmarks or criteria, and approval of any design changes appears to be based solely on the subjective judgment of the City Planner. Again, applying such subjective aesthetic conditions to the Project is prohibited under the HAA.
Finally, to achieve the proposed reduction in Project height from 4 stories to 3 stories, the condition requires that the two of the Project’s one-bedroom units be eliminated and replaced with studio units. Planning Commission attempted to ameliorate this reduction in density by allowing one of the Project’s one-bedroom units to be replaced with a two-bedroom unit. Here, the conditions imposed would lower the overall bedroom count, and eliminate two of the larger units in the Project design. However, under the HAA, the Planning Commission is not permitted to redesign the Project using subjective criteria. Nor is it permitted to condition the Project in a manner reducing density without making written findings based on a preponderance of the evidence that the project will have a specific, adverse, and unmitigable impact to public health and safety. The Planning Commission failed to make such findings here and, as a result, imposition of the above conditions is prohibited under the HAA.
Critically, the Planning Commission’s action has already delayed the Project from moving forward, and increased its cost. When adopting the HAA, the Legislature found and declared:
“California housing has become the most expensive in the nation. The excessive cost of the state's housing supply is partially caused by activities and policies of many local governments that limit
8 Gov. Code § 65589.5(h)(8).
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
Hon. Mayor John Franklin
Vista City Council
February 27, 2023
the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.”9 Further, “[m]any local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.”10 Unfortunately, the Planning Commission’s decision is a prime example of these concerns. * * *
For all of the above reasons, we urge the City Council to comply with the HAA by granting KIRE’s appeal, overturning the Planning Commission’s decision, and approving the Project as proposed without the challenged condition. KIRE will be available to discuss these matters, and answer any questions City Council may have about the Project, at the City Council hearing on February 28, 2023.
Sincerely,
Timothy M. Hutter
TMH:bhw
9 Gov. Code § 65589.5(a)(1)(B).
10 Gov. Code § 65589.5(a)(1)(D).
From:M
To:Public Comments
Cc:Nordomurat
Subject:Council meeting 2/28/2023 item PH1.
Date:Tuesday, February 28, 2023 1:18:19 AM
To City Council,
Approving 36 unit apartment complex in 1.3 Acre is an abuse of human rights, treating them as an overcrowded chicken coop, the City municipal code states R-1 has 10,000 sqft per single family residence that is about 4 dwelling units for human habitation per acre, that is about 20-40 people maximum per acre, 36 units will be about 180-252 people per acre, the Vista municipal code only allows 1 horse per .5 acre, 2 dogs per R-1 dwelling unit and the council would break codes to pass a substandard project for human habitation, evidently urban planning is not anyone strong point in the planning department and council. No space for trees or green areas and the City still has substandard parks near that project.
Just few years ago we had a pandemic were many people got infected at a rapid pace.According to the CDC everyone should have been at least 6 feet apart, not gather in groups, now you are piling everyone on top each other.
Norma
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PH1
From:Tanika Ivorri
To:Public Comments
Subject:Meeting Agenda 2-28-23
Date:Tuesday, February 28, 2023 2:07:53 PM
Hello,
I would like to speak on the matters below,
1. PH 1 Santa Fe Apartments
I oppose the approval of the appeal for yet ANOTHER apartment complex with inclusionary housing.
2. D2 Members of SANDAG board of directors.
I would like Mayor Franklin to represent our city.
Thanks,
Tanika Ivorri
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PH1
CITY OF
Appeal of North Santa Fe Apartments
Site Development Plan
P22-0181
City Council Public Hearing
February 28, 2023
CITY OF
C A L I F 0 1 N P A Project Location
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CITY OF VISTA
C A L I F 0 9 N I A Proposed Project
North Santa Fe Apartments
Site Development Plan
Develop 36 apartments on 1.29 acres (27.9 du/ac) Open space, parking, and associated site improvements Drainage improvements, wet and dry utilities, and all associated infrastructure
• Private driveway
• Recreation amenities (barbeque, seating areas, turf, community room)
CITY OF VISTA
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(6) 1-bed � 1.25/unit: 7.5
(16) 2-bed � 2.25/unit: 36
Total required: 61 spaces
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Four-story building
- - Maximum height of 53'-5"
Architectural Features:The
architectural design of the apartment
buildings reflects a Modern
BUILDING'A'NORTH ELEVATION BUILDING'A'WEST ELEVATION architectural style with sloping
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CITY OF VISTA
General Plan Development Standards
General Plan: Mixed Use(40 DU/AC)
- 36 units proposed (27.9 DU/AC)
M-U (40) Development Standards
- Building Height
- Maximum allowed height: 60 ft.
- Proposed apartments — Maximum 53 ft. 5 in.
- Parking
- Required: 61 spaces / Provided: 61 spaces
- Open Space: 5,040 SF required / 5,154 SF provided - Landscaping
- 10% of lot size required / 19% provided
CITY OF VISTA
Planning Commission Review
Planning Commission reviewed the project on January 17, 2023, and approved the project with the following additional condition:
1. Plans submitted for Building plan check shall illustrate approximately 27 ft. of the western most portion of Building "B" be reduced to three stories. In order to achieve this condition, Units B-10 and B-11 can be reduced to studio units and Unit A-20 can be increased to a 2-bedroom unit. An adjustment in unit type as a repercussion of this condition will not constitute additional parking supply. Final design and configuration of Building "B" shall be submitted to the City Planner for review and approval prior to issuance of building permits.
An appeal of the Planning Commission's decision was filed on January 27, 2023 by the applicant, Kire Builders, Inc.
CITY OF VISTA
Recommendation
Adopt Resolution 2023- , approving the appeal and approving a Site Development Plan to develop a 36-unit apartment complex and associated site improvements on an approximately 1.3-acre site located at 1304 N . Santa Fe Avenue (APN 161-251-30-00)
CITY OF
Appeal of North Santa Fe Apartments
Site Development Plan
P22-0181
City Council Public Hearing
February 28, 2023
�- # .. ' 'tern # � i'� .�.f •.
P22-0181 N. Santa Fe Apartments
KIR
BUILDERS,INC.
KIRE Builders, Inc. is a San Diego-based workforce housing developer that focuses on providing housing to the missing middle.
Vertically integrated - Developer and contractor team all under one roof whose mission is to deliver the best value to residents through efficient design, construction and property management. 18 Communities Completed
352 Housing Units Delivered; average community size is 20 units y iL ASING PAXPA
1 _mrr �
1 KIR
BUILDERS,INC.
Project Summary
Neighborhood Zoning: Mixed Use, Commercial, Multi-Family Residential, Single-Family Residential Project Zone: Mixed Use; MU-40 - N Santa Fe Overlay Lot Area: 56,367 sf gross; 38,115 sf net
Development Regulation Permitter: D :,^v{_rJ Notes Density 40 du/acre 2F, ti:.a,' cra
Units 52
Proposing only 69% of permitted units
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(14) studios, (6) 1 beds, (16) 2 beds
On-Site Parking Spaces variLu G1 '.69 spaces per unit; 1,17 spaces /bedrocm Height 60 ft
KIR
BUILDERS,INC.
i ai
Design Considerations - Height and compatibility with neighborhood g p Y
Pushed buildings furthest away from neighboring properties. • 54 ft setback from west PL. Exceeds the requirement by: w = - 0 3.6x at the 1st & 2nd floors
O 2.2x at 3rd floor EST, INDIAN RDCK ROAD 0 2.6x at 4th floor ALLOWED BY
MUNICIPAL CODE
DESIGN
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fs-r utilizing all gross square
�. - footages, heights and
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Vista municipal code.
SDP SUBMITTAL
DESIGN
............
Original design
submitted for the site
development permit.
KIR
BUILDERS,INC.
Design Considerations - Height and compatibility with neighborhood • Designed an additional 10' stepback on the 4th floor. • Reduced the height of the portion of building closest to the neighborhood. • Strategically located balconies at the ends of the buildings to create breaks in the massing. _ r
Early Design Review - Site Development Permit - 01/17/23 02/25/22
K 0 1 or R
BUILDERS,INC.
Site Development Permit Meeting Results - 01/17/2023
• Approved with conditions.
• PC made the following finding approving the Project: 'T The project conforms with the following: a) All applicable elements of the General Plan, Development Code regulations, Design Guidelines, including the community' s goals and objectives as established by said documents, and other applicable City codes, ordinances and policies, state laws and applicable safety codes." (See Resolution No. 2023-01.) • Condition #2 - "Plans submitted for Building Plan check shall illustrate approximately 27 ft. of the western most portion of Building "B" be reduced to three stories."
• Condition is subjective and reduces the density of the project - violates the Housing Accountability Act ("HAA"), Government Code section 65589 and SB330.
54'
i
KIR
BUILDERS,INC.
Please support staff's recommendation to approve the project without conditions. • Consistent with the General Plan
• Complies with the development standards
• No variances, waivers or incentives are being requested • Exceeds setback requirements by 2.2-3.6x
• Maximum height is 53'-5" vs. 60' permitted. Max is 48'-1" nearest to single family. • 10' 4th floor stepback incorporated into the project based on feedback from the Early Design Review. • Provides 36 housing unit opportunities for workforce/middle income residents in Vista. o : �,
K 0 1 or R
WILDERS,INC.
APPENDIX/
ADDITIONAL EXHIBITS
K 0 1 or R
BUILDERS,INC.
Housing Accountability Act & Site Development Approval With Conditions • The Project qualifies as a "housing development project" defined in Section 65589.5(h)(2), so is subject to the protections of the Housing Accountability Act ("HAA"), Government Code section 65589.5. • The HAA limits local agencies to imposing "objective, quantifiable, written development standards, conditions, and policies" when reviewing housing development project applications. (Gov. Code § 65589.5(f)(1).) • Staff Report Summary
o Consistent with the General Plan
o Complies with the development standards
o Compatible with the surrounding land uses
• Planning Commission agreed with staffs recommendations on the above consistency, compliance, and compatibility (Res. No. 2023-01), but still sought to impose Condition #2. Condition #2 was not based on any objective, quantifiable, written development standard, condition, or policy in the City's Code. • Condition #2 was not based on any objective, quantifiable, written development standards, conditions, or policies. • Planning Commission failed to make the findings required by the HAA when conditioning the Project, namely that the Project would have a specific, adverse impact that could not be feasibly avoided.
KIR
BUILDERS,INC.
North Santa Fe Mixed Use Corridor
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BUILDERS,INC.
Design Considerations - Height and compatibility with neighborhood Name Persea Alliance N Santa Fe North Santa Fe Plaza SUBJECT Apartments N Santa Fe Apartments
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Project# P16-0470 P20-0231 P19-0404 P22-0181 Approval Date 6/8/2018 5/4/2021 1/28/2022 01/17/2023* Zone M U-40 M U-40 M U-40 M U-40 Total Units 305 60 21 36 Density 29 du/acre 47 du/acre 33 du/acre 28 du/acre Stories 3 4 4 4
Height 47.2' 58' 54.3' 53.5'
KIR
BUILDERS,INC.
Design Considerations - Height and compatibility with neighborhood • Designed roof to minimize perception of height along the most visible frontages and closest to the neighborhood. 44'-2"
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BUILDERS,INC.
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KIR
BUILDERS,INC.
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KIR
BUILDERS,INC.
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KIR
BUILDERS,INC.
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KIR
BUILDERS,INC.
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