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Home My WebLink About2024-11-12; City Council; ; Amendment Options to City Council Policy Statement No. 84, Development Project Public Involvement Policy (AMEND2024-0010 and PUB17Y-0021)CA Review ___AF___ Meeting Date: Nov. 12, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jeff Murphy, Community Development Director jeff.murphy@carlsbadca.gov, 442-339-2783 Subject: Amendment Options to City Council Policy Statement No. 84, Development Project Public Involvement Policy (AMEND2024-0010 and PUB17Y-0021) Districts: All Recommended Action Receive staff presentation and: 1. Consider the different options presented for increasing stakeholder awareness and engagement for development projects; and 2. Consider adopting a resolution amending City Council Policy No. 84 (Development Project Public Involvement Policy) to clarify existing requirements for standard public noticing while expanding the requirements for enhanced public noticing for development projects requiring approval from the Planning Commission or City Council (Exhibit 1); or 3. Provide other direction as desired. Executive Summary The City Council passed a motion on Sept. 24, 2024, directing staff to return with City Council Policy Statement No. 84 - Development Project Public Involvement Policy by Nov. 12, 2024, for City Council discussion of possible changes that may strengthen the city’s decision-making process. Considering the City Council’s urgency in having this item returned for discussion, coupled with the understanding that any changes to the policy will only apply to permit applications submitted after any policy amendments are approved, staff have included a resolution that incorporates all the options discussed in this staff report, which the City Council may adopt, if it so chooses. The current policy applies to private and city development projects, and some of the more significant policy changes contained in the draft resolution affect projects that will be subject to enhanced public engagement requirements. For example: • Currently, projects of 50 or more housing units require enhanced notification. The draft resolution lowers that threshold to 10 or more housing units. • The draft policy also requires that all proposed mixed-use development projects irrespective of the number of units or amount of commercial space proposed be subject to enhanced notification. Nov. 12, 2024 Item #11 Page 1 of 42 •The number of properties requiring notification increases from 20 to 30 properties. Additionally, the policy requires not just property owners but also occupants within 600 feet of the project site be notified, adds new standards for project sign placement and requires a public outreach meeting and a website. City Council Policy No. 1 states that all City Council policies may be adopted, amended, or rescinded only by a resolution receiving four affirmative votes from the City Council. Explanation & Analysis Background In response to community concerns about a proposed mixed use development project, the City Council on Sept. 24, 2024, directed staff to return by Nov. 12, 2024, to discuss possible options to strengthen Policy 84 requirements. Some of the comments and concerns raised during this meeting related to: •Visibility of the public notice sign at the project site •Who is notified about a proposed project •The level of detail about the proposed project included in notifications •Not requiring that developers hold a public meeting •The amount of outreach and engagement required Possible options to enhance Policy 84 Staff developed potential amendments to Policy 84 to address the above-noted concerns and have included them in a resolution that the City Council may adopt, either in part or in its entirety. Under this approach, any amendments approved by the City Council can be applied to all qualifying permit applications filed after the resolution effective date. The sections below provide a summary of the more substantive changes proposed to the policy. The current policy is included as Exhibit 2 and the proposed policy changes are shown in Exhibit 3. Statement of policy Staff drafted a policy statement more directly declaring the City Council’s expectations for when engaging the community on private and city development projects. The statement also includes language explaining what happens when an applicant fails to comply with the policy, which in this case results in the application being deemed incomplete under Carlsbad Municipal Code Section 21.54.010(F). What this means is that the project cannot advance to start environmental analysis under the California Environmental Quality Act until the deficiencies are remedied. Early public notification – Recipients Public notices are currently required for applications that are considered by the Planning Commission or City Council, but development projects that are not considered “significant” under the policy are not subject to enhanced public noticing requirements. An example is a proposed single-family home located within the Village, which requires approval of a Coastal Development Permit from the Planning Commission. The changes reflected in this section of the policy are designed to be “cleanup” in nature and help differentiate between early public noticing requirements and the enhanced public engagement requirements, which are discussed in more detail below. Nov. 12, 2024 Item #11 Page 2 of 42 There is one option, however, that the City Council can consider that changes this section to help address concerns raised at the Sept. 24, 2024, meeting. Today, the policy requires that occupants within a 100-foot radius of the subject property be notified only when the project is within the city’s Coastal Zone. The City Council can consider the option of applying the 100-foot occupant notification requirement citywide. This will increase consistency of implementation -- one standard vs. two --and provide increased awareness of a development project to those living closest to the site. Enhanced public engagement – Applicability Enhanced public engagement is currently required for applications that are considered by the Planning Commission or City Council and are defined as significant. The policy includes a list of projects that qualify as significant including larger housing projects and mixed-use developments. There are two amendments that could be made to this section to help address some of the concerns raised during the Sept. 24, 2024, meeting, as shown in the chart below. CURRENT REQUIREMENT POSSIBLE AMENDMENT Projects proposing 50 or more units subject to the enhanced engagement requirements Projects proposing 10 or more units subject to the enhanced engagement requirements Mixed-use development proposing a total of 50,000sf or more of habitable space Mixed-use development, irrespective of project size shall require enhanced engagement Enhanced public engagement – Content of notice and Recipients This section of the policy includes the most potential amendment options based on the concerns raised at the Sept. 24, 2024, meeting. Some of the key policy changes identified in this section are reflected in the chart below. CURRENT REQUIREMENT POSSIBLE AMENDMENT Property owners within a 600-foot radius of the project site shall receive a public notice Property owners and occupants within 600-feet of the project site shall receive a public notice Minimum of 20 properties must be noticed, otherwise the radius must be expanded to include a minimum of 20 properties Minimum of 30 properties must be noticed, otherwise the radius must be expanded to include a minimum of 30 properties Public outreach meeting is an option, but not required. No clear minimum meeting standards Public outreach meeting required. Includes standards on time, announcement and location Hosting a website is an option, but not required. No clear minimum website design standards Hosting a website required. Includes standards on website content and function Notification sign must be posted in “most visible” location on the site Sign required along all public streets that front the site. Signs must be freestanding Enhanced stakeholder outreach report required, but limited on content guidance Enhanced public engagement report required, with clear content guidance Nov. 12, 2024 Item #11 Page 3 of 42 CURRENT REQUIREMENT POSSIBLE AMENDMENT Provides limited direction on what information should be included in the mailing packet Clear and increased requirements for what should be included in the mailing packet Other required public notification In addition to the requirements set forth under Policy 84, various state and federal government agencies require public notification and opportunities for community input for certain development projects. Depending on the project, these could include: • National Environmental Policy Act – Public noticing and public hearings • California Environmental Quality Act – Public noticing and public hearings • California Coastal Act – Public noticing and public hearings • California Government Code – Specifies the radius of required property owner notifications, which is generally 300 feet from the project site Policy 84 is intended to supplement but not replace or conflict with these legal noticing requirements and the city’s existing public involvement requirements for development applications. Fiscal Analysis The policy updates as proposed would require additional staff time to review materials submitted as part of private development applications to ensure consistency with established policies. At this time, however, with the proposed guidance documents and templates to assist applicants better prepare complete engagement packets, staff anticipate that additional city resources for this review will not be required. Staff will monitor this workload and report back to City Council if additional resources are needed. City-initiated projects that require enhanced public noticing would require an increased level of effort from city staff and increased costs to prepare and mail information packets and hold a public meeting. City staff will include these costs in the overall project cost when a city project is proposed to be added to the city’s Capital Improvement Program. Should the City Council wish to consider other additions to the policy, city staff could return with a cost estimate if those changes are likely to require additional resources. Next Steps Any approved amendments to Policy 84 shall become effective Monday, Dec. 9, 2024. Community Development Department staff will work with staff from the Office of the City Clerk to format and finalize the revised policy for posting as soon as possible. Staff will promote awareness of the updated policy through the city’s website and by providing it directly to development applicants, building associations and the appropriate city departments. Additionally, the department’s current public engagement guidance document (referred to as Form P-21) will be removed from the department’s website and replaced with a new informational bulletin, which will include updated templates and forms to help applicants and public navigate the new public engagement protocols. Staff anticipate that final versions of the bulletin, forms and templates will be available to the public by the Dec. 9, 2024, effective date. Nov. 12, 2024 Item #11 Page 4 of 42 Environmental Evaluation In keeping with California Public Resources Code Section 21065, the amendment to City Council Policy Statement No. 84 does not qualify as a project within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Exhibits 1. City Council resolution 2. Current City Council Policy Statement No. 84 3. Updated City Council Policy Statement No. 84 – track changes format 4. Public comments Nov. 12, 2024 Item #11 Page 5 of 42 Policy No. Date Issued Resolution No. Attachment A 84 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 the requirements 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 to city staff, stakeholders and city decision makers during the public hearing process. Statement of policy To require that certain development projects considered by the Planning Commission, or the City Council engage the public to inform and solicit input from interested and affected stakeholders prior to project consideration by city decision-makers. Failure to comply with the requirements set forth within this policy shall cause the application to be deemed incomplete pursuant to Carlsbad Municipal Code Section 21.54.010(F). Procedure The following establishes the minimum requirements necessary to notify and seek input from stakeholders on applications that require approval by the Planning Commission or City Council. Applicants are encouraged to begin engaging and soliciting public input prior to application submittal, however outreach conducted prior to submittal does not satisfy the requirements of this policy. CATEGORY A – EARLY PUBLIC NOTIFICATION The following applies to all applications requiring approval from the Planning Commission or City Council, irrespective of project size, permit type or location. Early Public Notice – Content Applicants are required to prepare a public notice that contains the following minimum materials and information: •A brief description of the proposed project, including the following: o Project name o Address and nearest cross streets Nov. 12, 2024 Item #11 Page 8 of 42 City Council POLICY STATEMENT City Council Policy Statement XXXX XX, 2024 Page 2 o The proposed use, anticipated number of dwelling units, project features o Building square footage(s) o Maximum height • The applicant name, contact person, telephone number and email address. • City project planner name, telephone number, and email address • 8-1/2” x 11” site plan and building elevations • How the public can provide input. Early Public Notice – Recipients The applicant shall mail the early public notice to the following stakeholders, within the timeframe and method specified: • Notice shall be postmarked within 30 days following the date of application submittal. • Notice shall be delivered via U.S. Postal Service, First Class Mail. • 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. Early Project Notification Sign – Content & Installation The project applicant shall post a project notice sign on the project site consisting of the following information, within the timeframe and method specified: Timing: Sign shall be posted within 30 days of the application submittal date Duration: Sign shall remain posted, legible and in good physical condition until final action is taken on the permit application by the decision-making authority Content: • Project name and city assigned case number(s) • Brief project description. At a minimum, the description shall include number of planned residential units, square footage of commercial space, maximum height, and buildings proposed for demolition • Project applicant and representative (if different) contact information • City project planner contact information Nov. 12, 2024 Item #11 Page 9 of 42 City Council Policy Statement XXXX XX, 2024 Page 3 Format: Utilize a template provided by the City of Carlsbad Location: Clearly visible from the street that fronts the subject property and located at the most highly trafficked portion of the property. Early Public Notice – Documentation The project applicant shall sign and submit an affidavit, signed under penalty of perjury, on a form provided by the city that the notice was prepared and mailed, and that the project notice sign was prepared and posted, in accordance with this policy. The affidavit shall be signed and provided to the city within 15 days following the notice mailings or sign posting, whichever comes last. CATEGORY B – ENHANCED PUBLIC ENGAGEMENT Significant development applications are required to complete additional enhanced public engagement as described below. Applicability The following proposed development applicants shall complete enhanced public engagement for private or public entity development applications that require a permit approval by the Planning Commission or City Council: • Residential development consisting of 10 or more residential lots or residential units • Non-residential development project proposing a total of 50,000 square feet or more of habitable space • Mixed-use development project (residential and non-residential uses in the same building or on the same site), irrespective of size or unit count • 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. • A development project that requires an amendment to the city’s Habitat Management Plan The provisions of this policy shall not apply to permit applications for streamlined approval pursuant to SB35 (Gov. Code 65913.4). Nov. 12, 2024 Item #11 Page 10 of 42 City Council Policy Statement XXXX XX, 2024 Page 4 Enhanced Public Engagement Notice – Content Eligible projects mail additional information to additional community members as part of their project notice mailing packet (referred to as the “enhanced public engagement notice”). The additional mailed information must include the following minimum information. • Site plan and elevations or renderings, each provided on minimum 8½” x 11” paper • Written description of the proposed project. The description needs to provide enough information to offer a general understanding of what is being proposed and where to go to learn more about the project. At a minimum, the description shall include the following information: o Project name and city assigned case number(s) o Project address and nearest cross streets o Type of permit(s) being requested o Name of the applicant and representative (if different) and their mailing address, telephone number and email address o Name of the city project planner assigned to process the application and their mailing address, telephone number and email address o A description of proposed uses, major project features and amenities, and uses planned to be demolished − For residential projects, the description page shall include the following:  Total dwelling units currently proposed  How many dwelling units will be market-rate and how many affordable  Square footage range of the market-rate and affordable units  Total number of buildings and each building’s square footage and building height shown in stories and feet (e.g., one story/35 feet) − For nonresidential projects, the description shall include the following:  Total number of buildings and each building square footage and height shown in stories and size (e.g., one story/35 feet)  Intended purpose and use of each building − For mixed-use projects (combination of residential and non-residential uses), notices shall contain the information required for residential and nonresidential projects. o Total number of proposed parking stalls and size and height of parking structures, if proposed. Nov. 12, 2024 Item #11 Page 11 of 42 City Council Policy Statement XXXX XX, 2024 Page 5 o If the project proposes deviation of city adopted development standards, a description of the current city standard and how the applicant proposes it be changed o Project website address o Expected entitlement timeline (estimated date the project will be considered for decision by the city) and which decision-making body will consider the project for approval o Description of how the public can provide input and to be added to a list for future project related updates Enhanced Public Engagement Notice – Recipients The enhanced public engagement notice shall be mailed to the following recipients: • All property owners and occupants located within a 600-foot radius of the project, measured from the property line of the project site. • If the 600-foot radius yields fewer than 30 properties, the project applicant shall extend the radius until 30 or more properties are reached. • The homeowner 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. • Notice shall be postmarked within 30 days following the date of application submittal. • Notice shall be delivered via U.S. Postal Service, First Class Mail. Enhanced Public Engagement Project Notification Sign – Content & Installation The project applicant shall post a project notice sign on the project site consisting of the following information, within the timeframe and method specified: Timing: Sign shall be posted within 30 days of the application date and at least 14 days prior to the public outreach meeting Duration: Sign shall remain posted and in good legible and physical condition until final action is taken on the permit application by the decision-making authority Content: • Project name and city assigned case number(s) • Brief project description. At a minimum, the description shall include number of planned residential units, square footage of commercial space, maximum height, and buildings proposed for demolition • Project applicant and representative (if different) contact information • City project planner contact information • Project website address Nov. 12, 2024 Item #11 Page 12 of 42 City Council Policy Statement XXXX XX, 2024 Page 6 Format: Utilize a template provided by the City of Carlsbad Location: • Sign shall be freestanding (not affixed to an existing structure) • Sign shall be clearly visible from the street that fronts the subject property and located at the most highly trafficked portion of the property. • If the project fronts multiple public streets (public alleyways excluded), a sign is required along each street frontage. Public Outreach Meeting Project applicants shall conduct at least one in-person public outreach meeting with the community. Additional meetings are encouraged and recommended but not required. The minimum requirements of the public outreach meeting shall include the following: • The public outreach meeting shall be held in the evening (after 5 p.m.) or on the weekend to maximize participation. On-site meetings are encouraged. • The public outreach meeting shall take place within 60 days following the application submittal. • Announcement of the public outreach meeting shall be mailed to those recipients included in the enhanced public engagement notice mailing packet, as well as other parties who have notified the applicant or the city that they wish to be informed about the project. • Announcement of the public outreach meeting shall be post marked at least 14 days in advance of the outreach event and posted to the project’s website. • Announcement of the public outreach meeting may be included as part of the enhanced public engagement project notice mailing packet, so long as it is postmarked at least 14 days before the meeting date. • If the announcement of the public outreach meeting is not included in the enhanced public engagement notice, the project applicant must mail a separate notice announcing the meeting that is postmarked at least 14 days in advance of the public outreach meeting. The notice must be sent to the same list of recipients required for the enhanced public engagement notice and should include the same information as the enhanced public engagement notice along with meeting date and time, meeting location name and address, and parking, directional information and any other logistics people would need to know to be able to easily access the location where the outreach meeting will be held. Public Outreach Website Project applicants shall create and maintain a project website that complies with the following minimum requirements. Nov. 12, 2024 Item #11 Page 13 of 42 City Council Policy Statement XXXX XX, 2024 Page 7 • All the information provided in the Enhanced Public Engagement Notice Mailing shall be included on the project website. • The website shall either allow individuals to provide comments via an online public comment form or forum or offer alternative ways to provide comments via email or U.S. mail. • The website shall be published at least 30 days following the application submittal date and at least 14 days prior to the public outreach meeting and remain visible until the decision-making authority makes a final determination on the application. Documentation The project applicant shall submit an Enhanced Public Engagement Report to the city’s project planner assigned to the project, in a format provided by the city, documenting the following: • A comprehensive summary describing the outreach that was conducted., including: o Individuals/organizations invited to participate o Individuals/organizations who participated o A summary of ALL input provided to the applicant by the public via the public outreach meeting, website, email and phone calls o The applicant’s response to this input, including commitments or follow-up actions that were/will be taken by the applicant • A spreadsheet listing, at a minimum, the names and addresses of those notified and those who asked to be notified in the future. • Copies of all notices and any other informational materials provided to the public, noting the method and date of distribution. • Screen shots of all pages of the project website. • Copies of comment cards, survey results, emails, letters and comments in any other form submitted to the applicant. Along with the Enhanced Public Engagement Report, the applicant shall sign and submit an affidavit, signed under penalty of perjury, on a form approved by the city, that the contents of the outreach report are accurate and true and that all requirements set forth within this policy have been met. The Enhanced Public Engagement Report and affidavit shall be submitted to the Planning Division for review in conformance with this policy within 120 days following initial submittal of the permit application. Once the Planning Division confirms that the report is complete and meets the requirements of the policy, the project applicant shall provide a copy of the report (in print and/or electronic Nov. 12, 2024 Item #11 Page 14 of 42 - City Council Policy Statement XXXX XX, 2024 Page 8 form) to any stakeholder that requests a copy. In addition, members of the public may obtain a copy of the report from 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 shall include the Enhanced Public Engagement Report in its entirety as an attachment to the staff report. 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. Project Changes Enhanced public engagement must be done within the first 30 days of project submission. Changes to project design are anticipated and encouraged to respond to stakeholder input. However, significant changes to the project following initial project noticing will require mailing of an updated enhanced public engagement notice and installation of an updated project sign, consistent with the requirements specified in Category B. Significant changes are defined as: • Change in 20 percent or more of unit numbers or square feet of non-residential development • The number of affordable housing units provided changes by 5% or more • Site plan changes resulting in a shift in lot coverage of 20% or more • Change in building height by 5 or more feet Administration The City Planner shall be responsible for administering this policy. The City Planner, in consultation with the City Attorney’s Office is authorized to create and modify forms, hand-outs and guidelines as they deem appropriate to effectively administer this policy. Nov. 12, 2024 Item #11 Page 15 of 42 - City Council Policy Statement XXXX XX, 2024 Page 9 The Planning Division shall maintain a list of applications subject to this policy and keep records of individuals 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. Nov. 12, 2024 Item #11 Page 16 of 42 Exhibit 2 Nov. 12, 2024 Item #11 Page 17 of 42 (cityof Carlsbad Nov. 12, 2024 Item #11 Page 18 of 42 -- Nov. 12, 2024 Item #11 Page 19 of 42 Nov. 12, 2024 Item #11 Page 20 of 42 Nov. 12, 2024 Item #11 Page 21 of 42 Policy No. Date Issued Resolution No. Exhibit 3 84 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 the requirements a 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 to city staff, stakeholders and city decision makers during the public hearing process. Statement of policy To require that certain development projects considered by the Planning Commission, or the City Council engage the public to inform and solicit input from interested and affected stakeholders prior to project consideration by city decision-makers. Failure to comply with the requirements set forth within this policy shall cause the application to be deemed incomplete pursuant to Carlsbad Municipal Code Section 21.54.010(F). Procedure A.EARLY PUBLIC NOTICE The following establishes the minimum requirements apply to all necessary to notify and seek input from stakeholders on applications that require approval by the Planning Commission or City Council. Applicants are encouraged to begin engaging and soliciting public input prior to application submittal, however outreach conducted prior to submittal does not satisfy the requirements of this policy. CATEGORY A – EARLY PUBLIC NOTIFICATION The following applies to all applications requiring approval from the Planning Commission or City Council, irrespective of project size, permit type or location. Mailed Early Public Notice – Content Applicants are required to prepare send a public notice that contains the following minimum materials and information: 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 including the following: Nov. 12, 2024 Item #11 Page 22 of 42 City Council POLICY STATEMENT City Council Policy Statement XXXX XX, 2024 Page 2 o Project name o Address and nearest cross streets o The proposed use, anticipated 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. • City project planner name, telephone number, and email address • 8-1/2” x 11” site plan and building elevations • How the public can provide input. Noticing Area Early Public Notice – Recipients The applicant shall send mail the early public notice to the following stakeholders, within the timeframe and method specified: • Notice shall be postmarked within 30 days following the date of application submittal. • Notice shall be delivered via U.S. Postal Service, First Class Mail. • 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. Early Project Notification Sign – Content & Installation The project applicant shall post a project notice sign on the project site within 30 days of the application date. The project sign shall consisting of the following information, within the timeframe and method specified: • Utilize a template provided by the City of Carlsbad. • Be posted in the most publicly visible location on the subject property. Timing: Sign shall be posted within 30 days of the application submittal date Duration: Sign shall remain posted, legible and in good physical condition until final action is taken on the permit application by the decision-making authority Nov. 12, 2024 Item #11 Page 23 of 42 City Council Policy Statement XXXX XX, 2024 Page 3 Content: • Project name and city assigned case number(s) • Brief project description. At a minimum, the description shall include number of planned residential units, square footage of commercial space, maximum height, and buildings proposed for demolition • Project applicant and representative (if different) contact information • City project planner contact information Format: Utilize a template provided by the City of Carlsbad Location: Clearly visible from the street that fronts the subject property and located at the most highly trafficked portion of the property. Early Public Notice – Documentation The project applicant shall sign and submit an affidavit, signed under penalty of perjury, on a form provided by the city that the notice was prepared and mailed, and that the project notice sign has been was prepared and posted, in accordance with this policy. The affidavit shall be signed and provided to the city within 15 days following the notice mailings or sign posting, whichever comes last. CATEGORY B. – ENHANCED STAKEHOLDER OUTREACH PUBLIC ENGAGEMENT Significant development applications are required to complete additional stakeholder outreach enhanced public engagement as described below. 1. Applicability In addition to what is described in Section A,The following proposed development applicants shall complete enhanced stakeholder outreach and engagement 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 10 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 proposing a total of 50,000 square feet or more of habitable space • Mixed-use development project (residential and non-residential uses in the same building or on the same site), irrespective of size or unit count • 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 Nov. 12, 2024 Item #11 Page 24 of 42 City Council Policy Statement XXXX XX, 2024 Page 4 • 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 city’s Habitat Management Plan The provisions of this policy shall not apply to permit applications for streamlined approval pursuant to SB35 (Gov. Code 65913.4). 2. Procedure Enhanced Public Engagement Notice – Content Eligible projects mail additional information to additional community members as part of their project notice mailing packet (referred to as the “enhanced public engagement notice”). The additional mailed information must include the following minimum information. • Site plan and elevations or renderings, each provided on minimum 8½” x 11” paper • Written description of the proposed project. The description needs to provide enough information to offer a general understanding of what is being proposed and where to go to learn more about the project. At a minimum, the description shall include the following information: o Project name and city assigned case number(s) o Project address and nearest cross streets o Type of permit(s) being requested o Name of the applicant and representative (if different) and their mailing address, telephone number and email address o Name of the city project planner assigned to process the application and their mailing address, telephone number and email address o A description of proposed uses, major project features and amenities, and uses planned to be demolished − For residential projects, the description page shall include the following:  Total dwelling units currently proposed  How many dwelling units will be market-rate and how many affordable  Square footage range of the market-rate and affordable units  Total number of buildings and each building’s square footage and building height shown in stories and feet (e.g., one story/35 feet) − For nonresidential projects, the description shall include the following: Nov. 12, 2024 Item #11 Page 25 of 42 City Council Policy Statement XXXX XX, 2024 Page 5  Total number of buildings and each building square footage and height shown in stories and size (e.g., one story/35 feet)  Intended purpose and use of each building − For mixed-use projects (combination of residential and non-residential uses), notices shall contain the information required for residential and nonresidential projects. o Total number of proposed parking stalls and size and height of parking structures, if proposed. o If the project proposes deviation of city adopted development standards, a description of the current city standard and how the applicant proposes it be changed o Project website address o Expected entitlement timeline (estimated date the project will be considered for decision by the city) and which decision-making body will consider the project for approval o Description of how the public can provide input and to be added to a list for future project related updates Enhanced Public Engagement Notice – Recipients The enhanced public engagement notice shall be mailed to the following recipients: • All property owners and occupants located within a 600-foot radius of the project, measured from the property line of the project site. • If the 600-foot radius yields fewer than 30 properties, the project applicant shall extend the radius until 30 or more properties are reached. • The homeowner 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. • Notice shall be postmarked within 30 days following the date of application submittal. • Notice shall be delivered via U.S. Postal Service, First Class Mail. Enhanced Public Engagement Project Notification Sign – Content & Installation The project applicant shall post a project notice sign on the project site consisting of the following information, within the timeframe and method specified: Timing: Sign shall be posted within 30 days of the application date and at least 14 days prior to the public outreach meeting Nov. 12, 2024 Item #11 Page 26 of 42 City Council Policy Statement XXXX XX, 2024 Page 6 Duration: Sign shall remain posted and in good legible and physical condition until final action is taken on the permit application by the decision-making authority Content: • Project name and city assigned case number(s) • Brief project description. At a minimum, the description shall include number of planned residential units, square footage of commercial space, maximum height, and buildings proposed for demolition • Project applicant and representative (if different) contact information • City project planner contact information • Project website address Format: Utilize a template provided by the City of Carlsbad Location: • Sign shall be freestanding (not affixed to an existing structure) • Sign shall be clearly visible from the street that fronts the subject property and located at the most highly trafficked portion of the property. • If the project fronts multiple public streets (public alleyways excluded), a sign is required along each street frontage. Public Outreach Meeting Project applicants shall conduct at least one in-person public outreach meeting with the community. Additional meetings are encouraged and recommended but not required. The minimum requirements of the public outreach meeting shall include the following: • The public outreach meeting shall be held in the evening (after 5 p.m.) or on the weekend to maximize participation. On-site meetings are encouraged. • The public outreach meeting shall take place within 60 days following the application submittal. • Announcement of the public outreach meeting shall be mailed to those recipients included in the enhanced public engagement notice mailing packet, as well as other parties who have notified the applicant or the city that they wish to be informed about the project. • Announcement of the public outreach meeting shall be post marked at least 14 days in advance of the outreach event and posted to the project’s website. • Announcement of the public outreach meeting may be included as part of the enhanced public engagement notice mailing packet, so long as it is postmarked at least 14 days before the meeting date. • If the announcement of the public outreach meeting is not included in the enhanced public engagement notice, the project applicant must mail a separate notice announcing the meeting that is postmarked at least 14 days in advance of the public outreach Nov. 12, 2024 Item #11 Page 27 of 42 City Council Policy Statement XXXX XX, 2024 Page 7 meeting. The notice must be sent to the same list of recipients required for the enhanced public engagement notice and should include the same basic project information as the enhanced public engagement notice along with meeting date and time, meeting location name and address, and parking, directional information and any other logistics people would need to know to be able to easily access the location where the outreach meeting will be held. Public Outreach Website Project applicants shall create and maintain a project website that complies with the following minimum requirements. • All the information provided in the enhanced public engagement notice mailing shall be included on the project website. • The website shall either allow individuals to provide comments via an online public comment form or forum or offer alternative ways to provide comments via email or U.S. mail. • The website shall be published at least 30 days following the application submittal date and at least 14 days prior to the public outreach meeting and remain visible until the decision-making authority makes a final determination on the application. • 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 Nov. 12, 2024 Item #11 Page 28 of 42 City Council Policy Statement XXXX XX, 2024 Page 8 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. Method 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 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. Nov. 12, 2024 Item #11 Page 29 of 42 City Council Policy Statement XXXX XX, 2024 Page 9 • 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 Documentation The project applicant shall submit an Enhanced Public Engagement rReport to the city’s project planner assigned to the project, in a format provided by the city, documenting the following: • A comprehensive summary describing Tthe outreach that was conducted., including: o Individuals/organizations Who was invited to participate and o Individuals/organizations who did participated. This shall include at a minimum the notification of parties described in Section A, and stakeholders who requested to be on the stakeholder list. o A summary of ALL input provided to the applicant by the public via the public outreach meeting, website, email and phone calls. o The applicant’s response to this input, including commitments or follow-up actions that were/will be taken by the applicant • A typewritten list of all names and addresses of these parties and stakeholders shall accompany the report for city use for public hearing notification. spreadsheet listing, at a minimum, the names and addresses of those notified and those who asked to be notified in the future. • Copies of all notices and any other informational materials provided to the public, noting the method and date of distribution. • Screen shots of all pages of the project website. • Copies of comment cards, survey results, emails, letters and comments in any other form submitted to the applicant. • 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. Along with the Enhanced Public Engagement Report, the applicant shall sign and submit an affidavit, signed under penalty of perjury, on a form approved by the city, that the contents of the outreach report are accurate and true and that all requirements set forth within this policy have been met. Nov. 12, 2024 Item #11 Page 30 of 42 City Council Policy Statement XXXX XX, 2024 Page 10 The Enhanced Public Engagement Report and affidavit shall be submitted to the Planning Division for review in conformance with this policy within 120 days following initial submittal of the permit application. The project applicant’s written outreach report shall be kept as part of the city’s project file. Once the Planning Division confirms that the report is complete and meets the requirements of the policy, Tthe project applicant shall provide a copy of the report (in print and/or electronic form) to any stakeholder that requests a copy of it. In addition, members of the public may obtain a copy of the report may be obtained from 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 shall include the Enhanced Public Engagement rReport in its entirety as an attachment to the staff report. 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. Project Changes Enhanced public engagement must be done within the first 30 days of project submission. Changes to project design are anticipated and encouraged to respond to stakeholder input. However, significant changes to the project following initial project noticing will require mailing of an updated enhanced public engagement notice and installation of an updated project sign, consistent with the requirements specified in Category B. Significant changes are defined as: • Change in 20 percent or more of unit numbers or square feet of non-residential development • The number of affordable housing units provided changes by 5% or more • Site plan changes resulting in a shift in lot coverage of 20% or more • Change in building height by 5 or more feet Nov. 12, 2024 Item #11 Page 31 of 42 City Council Policy Statement XXXX XX, 2024 Page 11 6. Administration The City Planner shall be responsible for administering this policy. The City Planner, in consultation with the City Attorney’s Office is authorized to create and modify forms, hand-outs and guidelines as he or she they deems appropriate to effectively administer this policy. The Planning Division shall maintain a list of applications subject to this policy and keep records of individuals 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. Nov. 12, 2024 Item #11 Page 32 of 42 Equitable Land Use Alliance 300 Carlsbad Village Dr, PMB 108A-79 Carlsbad, CA 92008 hello@equitablelanduse.org 1 October 10, 2024 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Development project public involvement policy update City Council and Staff: Council, thank you for agendizing an update to the development project public involvement policy. Although any new requirements can only apply to applicaƟŽns received aŌer the new date of adopƟŽn, it is Equitable Land Use Alliance (ELUA)’s expectaƟŽŶ that, unlike the process that transpired for the Carlsbad Village Mixed Use project (CVMU), any applicaƟons currently under review will be required by staff to adhere strictly to the ĞǆŝƐƟŶŐ policy—beginning immediately. The stated intent of the current policy is “…for project applicants to idenƟĨy potenƟally interested and affected members of the public; provide addiƟŽŶal opportƵŶŝƟĞƐ for input; and report public input and how it was considered to city staff, stakeholders and city decision makers during the public hearing process.” Larger projects must meet a higher standard (Enhanced Stakeholder Outreach) that includes a “more robust public engagement process,” including a report that demonstrates how public input was collected and incorporated into the project. It is certainly staff’s duty to assist developers through the review process. However, based on ELUA’s observaƟŽns of staff conduct and reading of staff/developer communicaƟŽns on the CVMU and other past development reviews, we are concerned that at least some staff members seem to view their role as being ĂĐƟǀĞ ĂĚǀŽĐĂƚĞƐ for developers to help minimize requirements, such as public review and CEQA. While state laws have limited some discreƟŽŶ͕ƚhe city can sƟůů conduct public review of projects, and we urge council to set a tone with staff to emphasize ƉƵďůŝĐĂĚǀŽĐĂĐǇ during that process. For reference, council adopted “Development Project Public Involvement Policy” (Policy 84) on 12/5/2017, and staff implemented that policy through “Guidance on Development Project Public Involvement” (P-21) on 3/5/2018. Below are ELUA’s proposed updates that should be Exhibit 4 Nov. 12, 2024 Item #11 Page 33 of 42 Equitable Land Use Alliance 2 applied to both documents, including headings using P-21 numbering with proposed new content in bold text. It also includes some references to the failures of the policy during the CVMU review process to provide context/jusƟficaƟŽŶ͘ PART A – NOTICE OF PROJECT APPLICATION PROCESS ͘ϭ͘Ă͘DĂŝůĞĚEŽƟĐĞƐ–Required Content Both Policy 84 and implemenƟŶŐ document P-21 include lists of project informaƟŽn to be included in the Mailed NoƟĐes. P-21 uses the phrase “must include” at the top of the list (see excerpt below). During the CVMU council hearing, staff excused the lack of inclusion of some of this required informaƟŽŶ by highlighƟng the phrase “such as” in Policy 84 that applies to a subset of this list. ELUA views that phrase in Policy 84 as establishing the ŵŝŶŝŵƵŵ requirement, consistent with the mandatory “must include” phrase in P-21. On the other hand, staff seems to think the “such as” phrase in Policy 84 provides free reign for the developer to include, or not include, whatever informaƟon they see fit. This highlights the need for council to set a new tone with staff to emphasize public advocacy. Nov. 12, 2024 Item #11 Page 34 of 42 Mai led Notices. After an applicant submits a formal development applicat1ion to the city, they have 30 days to mai1I a Notilce of Project Application packet (see Attachment A-1) to affected stalkeholders (see below). The notice packet must include an 8½" x 11" written description of the project and!must ! I include!the following 1information: • Project number(s) (assigned when application is filed with the Planning Division) • Project name • A brief description of the proposed project • Address and nearest cross streets • The proposed use, number of dwelling units and /Jui/dings, project features, permits requested • Building square footage(s) • Maximum height • The applicant name, contact person, mailing address, telephone number and email address Equitable Land Use Alliance 3 In any event, for maximum transparency, any possible ambiguŝƟes between Policy 84 and P-21 should be removed, and all of the following informaƟŽŶĂů elements should be required (new or modified elements in bold text): x Project number(s) and name x Address and nearest cross streets x All proposed uses (e.g., residenƟĂů͕Đommercial, etc.) x For residenƟal uses, numbers of dwelling units, ŝŶĐůƵĚŝŶŐƚǇƉĞ;ƐͿ;Ğ͘Ő͕͘ĂƉĂƌƚŵĞŶƚƐ͕ ĐŽŶĚŽŵŝŶŝƵŵƐ͕ŵƵůƟ-ĨĂŵŝůǇŚŽŵĞƐ͕ƐŝŶŐůĞ-ĨĂŵŝůǇŚŽŵĞƐ͕ĞƚĐ͘Ϳ͖ǁŚĞƚŚĞƌƚŚĞƵŶŝƚƐĂƌĞ ĨŽƌůĞĂƐĞŽƌƉƵƌĐŚĂƐĞ͖ĂŶĚĚĞŶƐŝƚǇďŽŶƵƐunit ŶƵŵďĞƌƐĐŽŵƉĂƌĞĚƚŽďĂƐĞůŝŶĞ;ŝĨ ĂƉƉůŝĐĂďůĞͿ x &ŽƌĐŽŵŵĞƌĐŝĂůƵƐĞƐ͕ƚŚĞƐƉĞĐŝĮĐŝŶƚĞŶĚĞĚƵƐĞ;ƐͿ;Ğ͘Ő͕͘ƌĞƚĂŝů͕ŽĸĐĞ͕ǁĂƌĞŚŽƵƐĞ͕ĞƚĐ͘Ϳ x &ŽƌƌĞĚĞǀĞůŽƉŵĞŶƚ͕ƐƉĞĐŝĨǇĚĞŵŽůŝƟŽŶŽĨĞǆŝƐƟŶŐƵƐĞƐ x Major project features x &ŽƌĞĂĐŚƐĞƉĂƌĂƚĞƵƐĞ͕ŝŶĐůƵĚŝŶŐƉĂƌŬŝŶŐŐĂƌĂŐĞƐ͕ total number of buildings and combined building square footage(s) x Maximum height ;ŝŶďŽƚŚƐƚŽƌŝĞƐĂŶĚĨĞĞƚͿ x >ŝƐƚŽĨĂůůŝŶĐĞŶƟǀĞƐͬĐŽŶĐĞƐƐŝŽŶƐ͕ĚĞƐŝŐŶͬĚĞǀĞůŽƉŵĞŶƚǁĂŝǀĞƌƐ͕ĂŶĚŽƚŚĞƌǀĂƌŝĂŶĐĞƐ ĨƌŽŵƐƚĂŶĚĂƌĚĐŝƚǇƌĞƋƵŝƌĞŵĞŶƚƐ;Ğ͘Ő͕͘ŚĞŝŐŚƚ͕ďƵŝůĚŝŶŐŵĂƐƐ͕ƉĂƌŬŝŶŐ͕ĞƚĐ͘Ϳ x Permits requested x Applicant name, contact person, mailing address, telephone number and email address x ŝƚǇƉƌŽũĞĐƚƉůĂŶŶĞƌĐŽŶƚĂĐƚŝŶĨŽƌŵĂƟŽŶ x hZ>ŽĨƉƌŽũĞĐƚǁĞďƐŝƚĞĂŶĚĐŝƚǇǁĞďƐŝƚĞ͕ǁŚĞŶĂƉƉůŝĐĂďůĞ;ƐĞĞďĞůŽǁͿ x DescripƟŽŶ of how the public can provide input x ĞƐĐƌŝƉƟŽŶŽĨƚŚĞƌĞǀŝĞǁͬĂƉƉƌŽǀĂůƉƌŽĐĞƐƐĂŶĚĞǆƉĞĐƚĞĚƟŵĞĨƌĂŵĞĂŶĚͬŽƌƉŚĂƐŝŶŐŽĨ ƉƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶ x 8-1/2” x 11” site plan and building elevaƟons. ͘ϭ͘ď͘DĂŝůĞĚEŽƟĐĞƐ–EŽƟĐŝŶŐƌĞĂ The current policy appears to require that mailed ŶŽƟĐes be sent to all “property owners” within a 600-foot radius, and, in the Coastal Zone, “occupants” within a 100-foot radius. For the CVMU project, there were 132 properƟĞƐǁithin 600 feet of the project site. However, the vast majority of those addresses were outside of Carlsbad or not in the Village area. In adĚŝƟŽn, projects like CVMU that remove substanƟĂů retail or other consumer-serving commercial uses affect a much wider area than 600 feet—numerous nearby residents were surprised and upset that they had not been nŽƟĮĞĚ͘ Nov. 12, 2024 Item #11 Page 35 of 42 Equitable Land Use Alliance 4 Accordingly, ELUA recommends: x DĂŝůĞĚEŽƟĐĞƐŵƵƐƚďĞƐĞŶƚƚŽďŽƚŚ͞ŽǁŶĞƌƐ͟and ͞ŽĐĐƵƉĂŶƚƐ͟ǁŝƚŚŝŶϲϬϬĨĞĞƚĨŽƌĂůů ĂƉƉůŝĐĂƟŽŶƐ͘ x DĂŝůĞĚEŽƟĐĞƐĨŽƌƉƌŽũĞĐƚƐƚŚĂƚǁŝůůƌĞŵŽǀĞŐƌĞĂƚĞƌƚŚĂŶϭϬ͕ϬϬϬƐƋƵĂƌĞĨĞĞƚŽĨ ĞǆŝƐƟŶŐƌĞƚĂŝůŽƌŽƚŚĞƌĐŽŶƐƵŵĞƌ-ƐĞƌǀŝŶŐĐŽŵŵĞƌĐŝĂůƵƐĞƐŵƵƐƚďĞƐĞŶƚƚŽďŽƚŚ ͞ŽǁŶĞƌƐ͟and ͞ŽĐĐƵƉĂŶƚƐ͟ǁŝƚŚŝŶŽŶĞ-ŚĂůĨŵŝůĞ͘ x dŚĞŝƚǇΖƐŽŶƐƚĂŶƚŽŶƚĂĐƚŶĞǁƐůĞƩĞƌͬŶŽƟĮĐĂƟŽŶŵĂŝůŝŶŐůŝƐƚŽƉƟŽŶƐƐŚŽƵůĚďĞ ƵƉĚĂƚĞĚƚŽŝŶĐůƵĚĞ͗͞WůĂŶŶŝŶŐΘĞǀĞůŽƉŵĞŶƚ͗DĂŝůĞĚEŽƟĐĞƐ͘͟ x dŚĞŝƚǇ͛ƐŽŶƐƚĂŶƚŽŶƚĂĐƚƐǇƐƚĞŵƐŚŽƵůĚďĞƵƉĚĂƚĞĚƚŽďĞŵŽƌĞƵƐĞƌ-ĨƌŝĞŶĚůǇ͕ƐƵĐŚ ĂƐƚŚĞĂďŝůŝƚǇƚŽŝŶƚĞƌĂĐƟǀĞůǇǀŝĞǁĂŶĚĐŚĂŶŐĞƐƵďƐĐƌŝƉƟŽŶƐ͘ ͘Ϯ͘WƌŽũĞĐƚ^ŝŐŶƐ Project signs are the primary method to disclose planned projects to people other than adjacent property owners and occupants. For the CVMU project, though, a single sign was placed on a temporary construction fence surrounding a defunct, fire-damaged restaurant not contiguous with or visible from the active part of the current shopping center to be demolished. A more appropriate approach would have been to post the sign at the entrance to the Smart & Final store with language making it clear that the entire shopping center would be demolished. Also, given the size of the shopping center, an additional sign on the eastern building would have been helpful. In fact, in response to public input, the Hope Apartments project across the street from CVMU added a second project sign. Accordingly, ELUA recommends that the project sign requirement be modified as follows: x ^ŝŐŶŵƵƐƚďĞƉůĂĐĞĚĂƚƚŚĞŵŽƐƚŚŝŐŚůǇƚƌĂĨĨŝĐŬĞĚƉŽƌƚŝŽŶŽĨĂƉƌŽũĞĐƚƐŝƚĞ;ŽƌŽĨĂŶ ĂĚũĂĐĞŶƚƐŝƚĞ͕ǁŚĞŶĂƉƉůŝĐĂďůĞͿ x DƵůƚŝƉůĞƐŝŐŶƐĂƌĞƌĞƋƵŝƌĞĚĨŽƌůĂƌŐĞƌƉƌŽũĞĐƚƐŝƚĞƐ͕ŝŶĐůƵĚŝŶŐĂůůĞǆŝƐƚŝŶŐŵĂũŽƌ ĞŶƚƌĂŶĐĞƐ;ŽƌƉůĂŶŶĞĚĞŶƚƌĂŶĐĞƐ͕ŝĨŶŽŶĞĐƵƌƌĞŶƚůǇĞǆŝƐƚͿ x ^ĞƉĂƌĂƚĞƐŝŐŶƐŵƵƐƚďĞƉůĂĐĞĚŽŶƐĞƉĂƌĂƚĞďƵŝůĚŝŶŐƐƚŽďĞĚĞŵŽůŝƐŚĞĚĂƐƉĂƌƚŽĨ ƌĞĚĞǀĞůŽƉŵĞŶƚƉƌŽũĞĐƚƐ x dŚĞWƌŽũĞĐƚĞƐĐƌŝƉƚŝŽŶŵƵƐƚŝŶĐůƵĚĞƚŚĞŶƵŵďĞƌŽĨƌĞƐŝĚĞŶƚŝĂůƵŶŝƚƐ͕ƚŚĞƐƋƵĂƌĞ ĨŽŽƚĂŐĞŽĨĐŽŵŵĞƌĐŝĂůƐƉĂĐĞ͕ƚŚĞŵĂǆŝŵƵŵŚĞŝŐŚƚ͕ĂŶĚǁŚĞƚŚĞƌĞǆŝƐƚŝŶŐďƵŝůĚŝŶŐƐǁŝůů ďĞĚĞŵŽůŝƐŚĞĚ͘ x hŶĚĞƌWƌŽũĞĐƚƉƉůŝĐĂŶƚ͕ĂŶǇǁĞďƐŝƚĞhZ>ŵƵƐƚďĞƉƌŽǀŝĚĞĚ͕ŝĨĂƉƉůŝĐĂďůĞ;ŵĂŶĚĂƚŽƌǇ ĨŽƌŶŚĂŶĐĞĚ^ƚĂŬĞŚŽůĚĞƌKƵƚƌĞĂĐŚƉƌŽũĞĐƚƐͿ Nov. 12, 2024 Item #11 Page 36 of 42 Equitable Land Use Alliance 5 PART B – ENHANCED STAKEHOLDER OUTREACH PROCESS ͘Ϭ͘Ă͘WƌŽũĞĐƚdǇƉĞƐ Under the current policy, Enhanced Stakeholder Outreach is required for projects with 50 or more residenƟal units; that require a CoŶĚŝƟonal Use Permit, various plan amendments, a Zone Change, or a Variance; etc. ELUA recommends that the following be added: ŶŚĂŶĐĞĚ^ƚĂŬĞŚŽůĚĞƌKƵƚƌĞĂĐŚŝƐƌĞƋƵŝƌĞĚĨŽƌ ĂŶǇƉƌŽũĞĐƚƚŚĂƚŝŶǀŽŬĞƐ^ƚĂƚĞĞŶƐŝƚǇŽŶƵƐ>ĂǁƐĂŶĚͬŽƌƚŚĂƚŝƐƐĞĞŬŝŶŐĂŶǇƐŽƌƚŽĨ ŝŶĐĞŶƟǀĞƐͬĐŽŶĐĞƐƐŝŽŶƐ͕ĚĞƐŝŐŶͬĚĞǀĞůŽƉŵĞŶƚǁĂŝǀĞƌƐ͕ŽƌŽƚŚĞƌǀĂƌŝĂŶĐĞƐĨƌŽŵƐƚĂŶĚĂƌĚĐŝƚǇ ƌĞƋƵŝƌĞŵĞŶƚƐ͘ ͘Ϭ͘ď͘ŝƚǇŝƐĐůŽƐƵƌĞŽĨWƌŽũĞĐƚƐ Under the current policy, staff is required to "...regularly update the Pending Planning ApplicaƟŽns report on the city's website with those projects that are subject to Enhanced Stakeholder Outreach, including project contact informaƟŽŶ so that interested stakeholders may contact the applicant." These monthly reports are supposed to highlight Stakeholder Outreach projects in bold and italicized text. We reported in mƵůƟple public comments over the last several months that this process was not followed for the CVMU project, and, on 9/12/2024, an email was sent to staff indicaƟng that the process also was not being followed for at least five other Enhanced Stakeholder Outreach projects in the current review pipeline. In a 9/30/2024 reply, staff acknowledged the problem and now appears to be in compliance with the repŽƌƟng requirements, which is appreciated. See AƩachment A for the email exchange. That said, the Pending Planning ApplicaƟŽns reports come in the form of occasional (typically monthly) PDF files, which are not very accessible or user-friendly, and which contain only minimal informaƟon on each entry—someƟŵĞƐeven lacking the address of the project site. Thus, for enhanced transparency and wider ability to engage the public, ELUA recommends: A ǁĞďƉĂŐĞͬĚĂƐŚďŽĂƌĚƐŚŽƵůĚďĞŵĂĚĞĂǀĂŝůĂďůĞŽŶƚŚĞĐŝƚǇ͛ƐǁĞďƐŝƚĞǁŝƚŚĚĞǀĞůŽƉŵĞŶƚ ƉƌŽũĞĐƚƐƵŶĚĞƌƌĞǀŝĞǁ͕ƐŝŵŝůĂƌƚŽƚŚĞĂƉŝƚĂůWƌŽũĞĐƚƐĂƐŚďŽĂƌĚ—ŽƌĂƚůĞĂƐƚŝŶĂĨŽƌŵĂƚƚŚĂƚ ĂůůŽǁƐĂŶǇƌĞƐŝĚĞŶƚƚŽĂĐĐĞƐƐƚŚĞDĂŝůĞĚEŽƟĐĞƐ͕ƉůƵƐůŝŶŬƐƚŽĂƉƉůŝĐĂƟŽŶĚŽĐƵŵĞŶƚƐŽƌƚŚĞ ĞŵĂŝůŽĨĂƐƚĂīŵĞŵďĞƌǁŚŽĐĂŶƉƌŽǀŝĚĞƚŚŽƐĞĚŽĐƵŵĞŶƚƐ;ƐŝŵŝůĂƌƚŽƚŚĞWůĂŶŶŝŶŐEŽƟĐĞƐ ǁĞďƉĂŐĞͿ Nov. 12, 2024 Item #11 Page 37 of 42 Equitable Land Use Alliance 6 ͘ϭ͘WƵďůŝĐKƵƚƌĞĂĐŚKƉƟŽŶƐ To “engage” with the public, the current policy requires a public meeƟng, an open house, an informaƟon booth, a website, or mailed informaƟon packets. The CVMU project chose only to create a very rudimentary website, and the URL was provided only to the property owners within 600 feet of the site. Only seven public comments were received through the website, and there was no effort by the developer to respond to the comments or make any changes to their project. Very late in the CVMU review process—aŌer the outreach report had been suďŵŝƩed and the applicaƟŽn deemed complete—two meeƟŶŐs were held through business organizaƟŽŶƐ (the Carlsbad Village AssociaƟon and the Carlsbad Chamber of Commerce) to promote the project. However, in conflict with Policy 84, the meeƟngs were not widely adverƟƐed to the broader public, they were held on weekdays during business hours, and no details were included in the outreach report (e.g., copies of meeƟŶŐŶŽƟĐes, informaƟonal materials provided, list of ƉĂƌƟĐipants, feedback received, etc.). ELUA considers the website and informaƟŽn packet opƟŽŶƐ insufficient to meet the foundaƟŽŶĂů goals of public outreach—idenƟĨǇŝŶg potenƟĂůůǇŝŶterested or affected members of the public, collecƟng their feedback, and responding to and incorporaƟŶŐ the feedback. Accordingly, ELUA recommends: ƚůĞĂƐƚƚǁŽǁĞůů-ĂĚǀĞƌƟƐĞĚƉƵďůŝĐŵĞĞƟŶŐƐŚĞůĚĚƵƌŝŶŐŶŽŶ- ǁŽƌŬŚŽƵƌƐŽŶŽƌŶĞĂƌƚŚĞƉƌŽũĞĐƚƐŝƚĞ͕ĂƐǁĞůůĂƐĂƉƌŽũĞĐƚǁĞďƐŝƚĞ͕ƐŚŽƵůĚďĞƚŚĞŵŝŶŝŵƵŵ ƌĞƋƵŝƌĞŵĞŶƚ͘ ͘ϯ͘WƵďůŝĐKƵƚƌĞĂĐŚ/ŶĨŽƌŵĂƟŽŶͬDĂƚĞƌŝĂůƐ ELUA recommends: dŚĞWƵďůŝĐKƵƚƌĞĂĐŚ/ŶĨŽƌŵĂƟŽŶͬDĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐǁĞďƐŝƚĞƐĂŶĚ ƉƌŝŶƚĞĚŵĂƚĞƌŝĂůƐ͕ŵƵƐƚŝŶĐůƵĚĞĂůůŽĨƚŚĞŝŶĨŽƌŵĂƟŽŶƌĞƋƵŝƌĞĚŝŶƚŚĞDĂŝůĞĚEŽƟĐĞǁŝƚŚ ĂĚĚŝƟŽŶĂůĚĞƚĂŝůƐ͘ ͘ϰ͘WƌŽũĞĐƚKƵƚƌĞĂĐŚZĞƉŽƌƚ The last two bullet points of the Public Outreach Report secƟŽŶ of the current policy require the report to include (among other things): A summary of issues discussed and what resulted from the discussion (redundant or similar comments received muůƟƉůe Ɵŵes may be summarized); and what commitments were made or follow-up acƟons would be taken, if any. ELUA recommends making the language stronger: ͞ůůŝƐƐƵĞƐƌĂŝƐĞĚĚƵƌŝŶŐŽƵƚƌĞĂĐŚƐŚĂůůďĞ ĂĚĚƌĞƐƐĞĚďǇƚŚĞĂƉƉůŝĐĂŶƚ͕ŝŶĐůƵĚŝŶŐǁŚĞƚŚĞƌŽƌŶŽƚĂŶǇĐŽŵŵŝƚŵĞŶƚƐŽƌĨŽůůŽǁ-ƵƉĂĐƟŽŶƐ ǁŝůůďĞƚĂŬĞŶ͘͟ Nov. 12, 2024 Item #11 Page 38 of 42 Equitable Land Use Alliance 7 ELUA also recommends adding the sentence: ͞/ĨƐƚĂīĚĞĞŵƐƚŚĞŽƵƚƌĞĂĐŚŝŶĂĚĞƋƵĂƚĞ͕ ĂĚĚŝƟŽŶĂůŽƵƚƌĞĂĐŚǁŝůůďĞƌĞƋƵŝƌĞĚŽĨƚŚĞĂƉƉůŝĐĂŶƚ͘͟ ͘ϱ͘ŽŵƉůĞƟŽŶ The current policy indicates that development applicaƟons will not be deemed complete unƟů the wrŝƩen Enhanced Stakeholder Outreach report has been sƵďŵŝƩed and deemed complete. Policy 84 states that the City Planner is responsible for deeming the outreach reports complete, while P-21 more generally refers to the Planning Division. For the CVMU project, the developer did their “outreach” in June/July 2023 and filed their outreach report on 8/10/2023. The Planning Division then deemed the applicaƟŽŶ complete on 9/14/2023, indicaƟng their acceptance of the outreach report. However, in the council staff report on the project, staff claimed that they had not even reviewed the report ƵŶƟl someƟme aŌer 2/20/2024—when the city project planner in charge of CVMU sent an email to the City Planner expressing concern about the lack of outreach. ELUA recommends the following to clean up this mess and to beƩer respect the public outreach process as an important component of project review: x WŽůŝĐǇϴϰĂŶĚW-ϮϭƐŚŽƵůĚďĞŚĂƌŵŽŶŝǌĞĚƚŽŝĚĞŶƟĨǇĞǆĂĐƚůǇǁŚŽŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌ ĚĞĞŵŝŶŐƐƵĐĐĞƐƐĨƵůĐŽŵƉůĞƟŽŶŽĨŽƵƚƌĞĂĐŚ͕ŝŶĐůƵĚŝŶŐƚŚĞƐƵĸĐŝĞŶĐǇŽĨŶŚĂŶĐĞĚ ^ƚĂŬĞŚŽůĚĞƌKƵƚƌĞĂĐŚƌĞƉŽƌƚƐ͘ x ^ƚĂīƐŚŽƵůĚĚĞǀĞůŽƉĂĐŚĞĐŬůŝƐƚƚŽĞŶƐƵƌĞƚŚĂƚĂůůƉƵďůŝĐŽƵƚƌĞĂĐŚƌĞƋƵŝƌĞŵĞŶƚƐŚĂǀĞ ďĞĞŶŵĞƚ͘ x dŚĞƌĞƐŚŽƵůĚďĞĂƉƵďůŝĐŽǀĞƌƐŝŐŚƚŵĞĐŚĂŶŝƐŵŽŶƐƚĂī͛ƐĚĞĐŝƐŝŽŶƐƚŽĚĞĞŵƚŚĞ ŽƵƚƌĞĂĐŚƉƌŽĐĞƐƐĐŽŵƉůĞƚĞ͕ŝŶĐůƵĚŝŶŐƉƵďůŝƐŚŝŶŐŽƵƚƌĞĂĐŚƌĞƉŽƌƚƐǁŝƚŚĂŶĂƉƉĞĂů ƉĞƌŝŽĚ͘ x KŶůǇǁŚĞŶĂůůƌĞƋƵŝƌĞŵĞŶƚƐŚĂǀĞďĞĞŶŵĞƚƐŚŽƵůĚƚŚĞƉƵďůŝĐŽƵƚƌĞĂĐŚƉƌŽĐĞƐƐďĞ ĚĞĞŵĞĚĐŽŵƉůĞƚĞ͕ĂŶĚĐŽŵƉůĞƟŽŶŽĨƚŚŝƐƉƌŽĐĞƐƐƐŚŽƵůĚďĞƌĞƐƉĞĐƚĞĚĂƐĂ ƌĞƋƵŝƌĞŵĞŶƚƚŽĚĞĞŵƚŚĞŽǀĞƌĂůůĂƉƉůŝĐĂƟŽŶƐĂƐĐŽŵƉůĞƚĞ͘ GENERAL ADMINISTRATION The current policy provides the City Planner with unilateral authority to create and modify forms, hand-outs, and guidelines they deem appropriate to effĞĐƟǀely administer it. ELUA recommends: ^ƚĂī͛ƐĐƌĞĂƟŽŶŽƌŵŽĚŝĮĐĂƟŽŶŽĨĨŽƌŵƐ͕ŚĂŶĚ-ŽƵƚƐ͕ŽƌŐƵŝĚĞůŝŶĞƐƐŚŽƵůĚďĞ ƐƵďũĞĐƚƚŽƉƵďůŝĐŽǀĞƌƐŝŐŚƚ͘ Nov. 12, 2024 Item #11 Page 39 of 42 Equitable Land Use Alliance 8 Policy 84 states: “Within two years of the iniƟĂůĞffecƟǀe date of this policy, the City Planner shall review and report to the City Council as to its effecƟǀeness, and provide a recommendaƟŽn whether to conƟnue the policy in its current or modified form.” >hŝƐƵŶƐƵƌĞǁŚĞƚŚĞƌĂŶǇƐƵĐŚƌĞǀŝĞǁƐŚĂǀĞŚĂƉƉĞŶĞĚƐŝŶĐĞƚŚĞϯͬϮϬϭϴĞīĞĐƟǀĞĚĂƚĞŽĨ ƚŚĞƉŽůŝĐǇ͘/ĨŶŽƚ͕ƚŚĞƌĞƐŚŽƵůĚďĞĂĐĐŽƵŶƚĂďŝůŝƚǇ͕ĂŶĚĨƵƚƵƌĞƌĞǀŝĞǁƐƐŚŽƵůĚďĞƐĐŚĞĚƵůĞĚ͘ &ŝŶĂůůǇ͕ŝĨĂŶǇĞǆŝƐƟŶŐŽƌƉlanned ƉƌŽǀŝƐŝŽŶƐĂƌĞĂīĞĐƚĞĚďǇĂŶǇƉĞƌŵŝƚƐƚƌĞĂŵůŝŶŝŶŐ ůĂǁƐ͕ ƚŚĞƐĞƐŚŽƵůĚďĞĚĞƚĂŝůĞĚŝŶƚŚĞƐƚĂīƌĞƉŽƌƚĨŽƌƚŚŝƐŝƚĞŵ͘ Sincerely, Steve Linke (on behalf of Equitable Land Use Alliance) Nov. 12, 2024 Item #11 Page 40 of 42 Subject: RE: Flagging Enhanced Stakeholder Outreach projects on the Pending Planning ApplicaĀons report From: Eric Lardy <Eric.Lardy@carlsbadca.gov> Date: 9/30/2024, 3:48 PM To: Steve Linke <splinke@gmail.com> Steve, Thank you for your inquiry. We have reviewed how the report is being generated from our system and have updated how the enhanced stakeholder outreach projects are being designated so that it is now pulling the right informaĀon. The August report has been updated to include the bold for enhanced stakeholder outreach items, and so will subsequent reports. The link is available here: Development Reports We are going to be re-running the report and posĀng tomorrow as the rst of the month (for September) that will also re ect this change. AddiĀonally, per the City Council direcĀon, updates to Policy 84 are currently schedule to be considered by the City Council in November. Thank you, Eric Lardy, AICP City Planner Community Development Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov 442-339-2712| eric.lardy@carlsbadca.gov Facebook |TwiAer |You Tube | Pinterest |Enews From: Steve Linke <splinke@gmail.com> Sent: Thursday, September 12, 2024 1:55 PM To: Planning <planning@carlsbadca.gov> Subject: Flagging Enhanced Stakeholder Outreach projects on the Pending Planning ApplicaĀons report Dear Planning: The City of Carlsbad's document "Guidance on Development Project Public Involvement (P-21)" requires that residenĀal developments consisĀng of 50 or more residenĀal units fall under a category of projects that must conduct "Enhanced Stakeholder Outreach." The guidance also states: "The city will regularly update the Pending Planning ApplicaĀons report on the ELUA Policy 84 Recommendations: Attachment A 9Nov. 12, 2024 Item #11 Page 41 of 42 (Cityof Carlsbad ---- ---- city’s website with those projects that are subject to Enhanced Stakeholder Outreach, including project contact informaĀon so that interested stakeholders may contact the applicant." The Pending Planning ApplicaĀons reports ag the Enhanced Stakeholder Outreach projects by including their entries in bold and italicized text and including the contact informaĀon for the applicant. However, in a review of the latest report dated August 2024, as well as many previous reports, I note at least six pending projects that include 50 or more residenĀal units, but which are not agged as Enhanced Stakeholder Outreach projects or contain applicant contact informaĀon: • 4K Apartments (170 units) • Alicante Apartments (106 units) • Carlsbad Village Mixed Use (218 units) • Fair eld Apartment Homes at Bressi Ranch (320 units) • Ponto Beachfront (136 units) • Toll Brothers Bressi Ranch (111 units) So, there seems to be a systemaĀc problem with the reporĀng, or am I misunderstanding something? Best regards, Steve Linke CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. ELUA Policy 84 Recommendations: Attachment A 10Nov. 12, 2024 Item #11 Page 42 of 42 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: Steve Linke <splinke@gmail.com > Sunday, November 10, 2024 10:08 AM All Receive -Agenda Item# / / For the Information of the: CITY COUNCIL Date ///Ja/;)/;.A ✓cc ~ CM ~ACM vOCM {3) _L Keith Blackburn; Priya Bhat-Patel; Teresa Acosta; Melanie Burkholder; Carolyn Luna; City Clerk Project Public Involvement (Policy 84) amendments (11/12/2024 Item #11) 2024-11 -12 CC Policy 84 amendments -Linke comment.pdf See the attached public comment PDF. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 November 10, 2024 Re: Project Public Involvement (Policy 84) amendments (11/12/2024 Item #11) City Council and Staff: Thanks again to council for agendizing an expedited update to Policy 84, and thanks to staff for their excellent work on the amendments, which address many of the deficiencies detailed in Equitable Land Use Alliance (ELUA)'s 10/8/2024 letter. Please consider the following additional changes and inquiries. Enhanced Public Engagement> Applicability. For non-residential projects, the threshold for enhanced engagement is set at 50,000 square feet, which seems high for some contexts. For example, it may be appropriate not to require enhanced engagement for a single 40,000 square- foot warehouse in a business park. However, if the 40,000 square feet is a strip mall comprised of ten 2,000 square-foot stores plus a 20,000 sq-ft anchor store, enhanced engagement would seem appropriate. Thus, the threshold should be reduced, for example to 20,000 square feet, and/or inclusions made based on likely neighborhood impacts (e.g., mixed-use areas), and language should be added to allow staff discretion to require enhanced engagement below the 50,000 square-foot threshold when appropriate. Notice> Content> Proposed uses> Total number of dwelling units. Add: " ... whether the units are intended for lease/rent or sale; and, if the total number is higher than the city maximum based on state density bonus laws, provide the theoretical city maximum for comparison purposes." This data is routinely provided in staff reports and should be provided to the public in advance as part of a transparent review process. Notice >Recipients.The currently proposed language is: "All property owners and occupants located within a 600-foot radius of the project, measured from the property line of the project site." To reduce the ambiguity of the phrase "the property line," change it to "bounding property lines" (or equivalent). Notification Sign -Content & Installation> Location. Staff's proposed revisions are a positive step (freestanding, clearly visible from street at the most highly trafficked portion of property, and a sign on each street frontage). However, for projects like Carlsbad Village Mixed Use, where customers drive past the street frontage into a parking lot, a different location(s) may be superior. Accordingly, please add something like: "Review proposed location(s) with staff to confirm acceptability." Public Outreach Meeting introduction. The amended version adds an in-person meeting requirement: "Project applicants shall conduct at least one in-person public outreach meeting with the community ... " However, two meetings are preferable, in case individuals have a timing conflict for the single meeting. If two meetings are considered an unreasonable burden for medium-sized projects, add something like: "Project applicants for projects with 50 or more residential units, or 20,000 square feet or more of habitable commercial space, or other characteristics at the discretion of staff, shall conduct at least two in-person public outreach meeting with the community (or at least one in-person and at least one virtual meeting)." Public Outreach Meeting. To bolster the reporting requirement described later in the policy, add the following bullet point: "Summarize verbal and collect written feedback for inclusion in the Enhanced Public Engagement Report." Project Changes. The current language includes triggers for the need to conduct supplemental public engagement when significant changes are made to a project, including: "Change in 20 percent or more of unit numbers or square feet of non-residential." This percentage may make sense for smaller projects but would require much bigger changes to larger projects to trigger additional outreach. Change to: "For residential units, change of 20 percent or 10 or more units (whichever is smaller). For non-residential, change of 20 percent or 10,000 or more square feet (whichever is smaller). For parking, change of 20 percent or 10 or more spaces (whichever is smaller)." Also, add the following bullet points as additional triggers for the need for supplemental public engagement: • Any new deviation of city adopted development standards (e.g., height limit) • Significant change to any major project feature or amenity • Any change in intended purpose or building demolition SB 35 projects: Policy 84 states: "The provisions of this policy shall not apply to permit applications for streamlined approval pursuant to SB35 (Gov. Code 65913.4)." It would be useful to know the likelihood that such projects will be submitted, and whether any public engagement requirements can be imposed on them (90-day vs. 180-day review requirement). City Disclosure of Projects The currently proposed Policy 84 amendment does not include any guidance on what must be made available on the city website. There is currently a Pending Planning Applications webpage, which contains links to the monthly spreadsheet in PDF format with minimal information on all 2 November 10, 2024 Re: Project Public Involvement (Policy 84) amendments (11/12/2024 Item #11) City Council and Staff: Thanks again to council for agendizing an expedited update to Policy 84, and thanks to staff for their excellent work on the amendments, which address many of the deficiencies detailed in Equitable Land Use Alliance (ELUA)'s 10/8/2024 letter. Please consider the following additional changes and inquiries. Enhanced Public Engagement> Applicability. For non-residential projects, the threshold for enhanced engagement is set at 50,000 square feet, which seems high for some contexts. For example, it may be appropriate not to require enhanced engagement for a single 40,000 square- foot warehouse in a business park. However, if the 40,000 square feet is a strip mall comprised of ten 2,000 square-foot stores plus a 20,000 sq-ft anchor store, enhanced engagement would seem appropriate. Thus, the threshold should be reduced, for example to 20,000 square feet, and/or inclusions made based on likely neighborhood impacts (e.g., mixed-use areas), and language should be added to allow staff discretion to require enhanced engagement below the 50,000 square-foot threshold when appropriate. Notice> Content> Proposed uses> Total number of dwelling units. Add: " ... whether the units are intended for lease/rent or sale; and, if the total number is higher than the city maximum based on state density bonus laws, provide the theoretical city maximum for comparison purposes." This data is routinely provided in staff reports and should be provided to the public in advance as part of a transparent review process. Notice >Recipients.The currently proposed language is: "All property owners and occupants located within a 600-foot radius of the project, measured from the property line of the project site." To reduce the ambiguity of the phrase "the property line," change it to "bounding property lines" (or equivalent). Notification Sign -Content & Installation> Location. Staff's proposed revisions are a positive step (freestanding, clearly visible from street at the most highly trafficked portion of property, and a sign on each street frontage). However, for projects like Carlsbad Village Mixed Use, where customers drive past the street frontage into a parking lot, a different location(s) may be superior. Accordingly, please add something like: "Review proposed location(s) with staff to confirm acceptability." Public Outreach Meeting introduction. The amended version adds an in-person meeting requirement: "Project applicants shall conduct at least one in-person public outreach meeting with the community ... " However, two meetings are preferable, in case individuals have a timing conflict for the single meeting. If two meetings are considered an unreasonable burden for medium-sized projects, add something like: "Project applicants for projects with 50 or more residential units, or 20,000 square feet or more of habitable commercial space, or other characteristics at the discretion of staff, shall conduct at least two in-person public outreach meeting with the community (or at least one in-person and at least one virtual meeting)." Public Outreach Meeting. To bolster the reporting requirement described later in the policy, add the following bullet point: "Summarize verbal and collect written feedback for inclusion in the Enhanced Public Engagement Report." Project Changes. The current language includes triggers for the need to conduct supplemental public engagement when significant changes are made to a project, including: "Change in 20 percent or more of unit numbers or square feet of non-residential." This percentage may make sense for smaller projects but would require much bigger changes to larger projects to trigger additional outreach. Change to: "For residential units, change of 20 percent or 10 or more units (whichever is smaller). For non-residential, change of 20 percent or 10,000 or more square feet (whichever is smaller). For parking, change of 20 percent or 10 or more spaces (whichever is smaller)." Also, add the following bullet points as additional triggers for the need for supplemental public engagement: • Any new deviation of city adopted development standards (e.g., height limit) • Significant change to any major project feature or amenity • Any change in intended purpose or building demolition SB 35 projects: Policy 84 states: "The provisions of this policy shall not apply to permit applications for streamlined approval pursuant to SB35 (Gov. Code 65913.4)." It would be useful to know the likelihood that such projects will be submitted, and whether any public engagement requirements can be imposed on them (90-day vs. 180-day review requirement). City Disclosure of Projects The currently proposed Policy 84 amendment does not include any guidance on what must be made available on the city website. There is currently a Pending Planning Applications webpage, which contains links to the monthly spreadsheet in PDF format with minimal information on all 2 Carlsbad Blvd/Tamarack Ave intersection project funding November 12, 2024 City Council meeting Item #3 Steve Linke Requests •Grant: Simultaneous design/environmental review of roundabout and traffic signal options •Reduce reliance on gas tax funding •Public vote based on cost and discretionary nature of project Simultaneous design/review of both options •Numbers in staff report are confusing –Total grant: $1,054,000 –Already spent on design: $334,000 –Currently planned future spending on roundabout design/review: $244,000? –Proposed additional future spending on roundabout design/review: $244,000? –Unused funds: $232,000 or $476,000 Gas tax funding mechanism $15,600,000 $300,000 $1,771,000 -$9,396,669 Gas Tax Fund Capital Projects budget table from the Fiscal Year 2024-25 Capital Improvement Program $17,671,000 2022-23 budget: $2,276,000 2023-24 budget: $4,216,000 GAS TAX FUND PRIOR YEAR 1 YEAR 2 YEAR3 YEAR 4 YEARS YEARG-15 YEARS 2024-25 2025-26 2026-27 2027-28 2028-29 2030-39 BEGINNING FUND BALANCE N/A 178,950 4,937,945 2,697,828 4,628,492 (9,396,669) (7,985,256) REVENUES Gas Tax and Prop 42 Funds 3,186,643 3,262,882 3,298,664 3,334,839 3,371,413 34,270,794 Total Revenues N/A 3,186,643 3,262,882 3,298,664 3,334,839 3,371,413 34,270,794 CAPITAL PROJECTS Sarrio Street Ughting 150,000 Camino De Los Coches and la Costa Avenue Intersection Control 350,000 2,000 Carlsbad Village Drive Widening• Pontiac Drive to Victoria Avenue Carlsbad Blvd And Tamarack Avenue Pedestrian Improvements 1,771,001 300,000 lS,600,000 Carlsbad Boulevard Emergency Repair 841,002 Carlsbad Boulevard Lane Reduction and Edge Striping 300,000 Carlsbad Blvd Median-Tamarack Avenue To Pine Avenue Carlsbad Blvd Pedestrian Improvement Project 1,055,888 Citywide Drainage Improvement Program 6,090,594 Citywide Street Lighting Program 150,000 Citywide Thermoplastic Pavement Markings 50,000 150,000 150,000 150,000 lS0,000 150,000 1,S00,000 Concrete Repair/Replacement Program 3,133,000 260,000 250,000 290,000 340,000 390,000 4,700,000 El Camino Real And Cannon Road Intersection Improvements 661,126 El Camino Real Medians 904,530 (352,000) El Camino Real Widening• Arena I Road to la Costa Avenue 1,450,000 Guardrail Replacement And Improvement Program 150,000 200,000 Intelligent Traffic Control Devices 199,999 Kelty Orive And Park Orive Road Diet And Multiuse Trail 130,000 1,000,000 la Costa Avenue Traffic Improvements 121,300 (108,842) 109,000 Laguna Drive Storm Drain 256,000 1,000,000 1,494,000 Marca Place Drainage Improvements 65,000 Palomar Airport Rd and Avenida Encinas GMP Improvements 230,000 (230,000) Park Drive Drainage And Street Improvements 3,965,001 Paseo Del Norte Pedestrian and Bike Improvements 65,490 Pavement Management Program 7,930,849 Retroreflectivity Sign Replacement Program 1,000,000 150,000 70,000 120,000 120,000 120,000 1,200,000 Roadway Slope Stabilization 779,998 500,000 Romeria Drainage Improvements 347,937 Schools Traffic Safety Program 250,000 Sidewalk/Street Construction Program 988,000 633,000 108,000 750,000 200,000 5,225,000 Sustainable Mobility Plan Implementation Program 710,567 Traffic Improvement Program 2,388,004 Traffic Monitoring Program 200,000 170,000 400,000 400,000 400,000 Traffic Signal • Maverick Way & Camino De Los Coches 490,000 450,000 Traffic Signal • Tamarack Avenue And Valley Street 502,370 Traffic Signal Right Turn Overlaps 150,000 135,000 Village And Barrio Traffic Circles 4,159,001 (4,000,000) Total Project Expenditures 40,683,167 (1,572,352) 5,503,000 1,368,000 17,360,000 ENDING FUND BALANCE N/A 4,937,945 2,697,828 4,628,492 (9,396,669) Gas tax funding of other projects (2023-24 CIP Program budget) Camino De Los Coches and La Costa Avenue Intersection Control $1,850,000 Carlsbad Boulevard Lane Reduction and Edge Striping $300,000 Carlsbad Boulevard Median - Tamarack Avenue to Pine Avenue $2,763,000 Carlsbad Boulevard Pedestrian Improvement Project $1,055,888 Carlsbad Village Drive Widening - Pontiac Drive to Victoria Avenue $3,200,000 El Camino Real and Cannon Road Intersection Improvements $661,123 El Camino Real Medians $904,530 El Camino Real Widening - Arenal Road to La Costa Avenue $1,450,000 La Costa Avenue Traffic Improvements $862,300 Palomar Airport Road and Avenida Encinas Intersection Improvements $230,000 Traffic Signal - Maverick Way and Camino De Los Coches $490,000 Traffic Signal - Tamarack Avenue and Valley Street $502,370 Village and Barrio Traffic Circles $4,159,000 Public vote •$19M+ total project cost •Discretionary •Predominantly funded by general gas tax revenues Sheila Cobian, Director Legislative & Constituent Services Nov. 12, 2024 Ordinance Modifying City Manager Residency Requirements { City of Carlsbad CMC CHAPTER 2.12.010 Residence in the city at the time a City Manager is appointed shall not be required as a condition of the appointment, but within 180 days after reporting for work, the City Manager must become a resident of the city unless the City Council approves his or her residence outside the city ITEM 5: CITY MANAGER RESIDENCY ARTICLE XI, SECTION 10(b) OF THE CALIFORNIA CONSTITUTION A city …, including any chartered city …, may not require that its employees be residents of such city …; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location. ITEM 5: CITY MANAGER RESIDENCY RECOMMENDED ACTION § 2.12.010. Residency requirements. Within 180 days after reporting for work, the City Manager must establish and maintain residency within 60 miles of the City of Carlsbad City Hall facility. ITEM 5: CITY MANAGER RESIDENCY QUESTIONS? ITEM 5: CITY MANAGER RESIDENCY LA COSTA FAMILY APARTMENTS AFFORDABLE HOUSING TEFRA HEARING Erin Peak, Program Manager Housing & Homeless Services November 12, 2024 1 {city of Carlsbad Background LA COSTA FAMILY APTS TAX EXEMPT BONDS •19-unit affordable housing development •Financing of this project results in providing Carlsbad with this affordable rental housing for the next 55 years •Federal Tax and Equity Fiscal Responsibility Act requires a public hearing on the use of tax-exempt bonds for the project. •Adopt a resolution approving the issuance of multifamily housing revenue bonds 2 {city of Carlsbad LA COSTA FAMILY APTS TAX EXEMPT BONDS 3 FISCAL ANALYSIS •Not debt of the City of Carlsbad •No obligation of the City of Carlsbad to repay the debt •Will not impact the city's appropriation limits and will not constitute any type of indebtedness by the city. LA COSTA FAMILY APTS TAX EXEMPT BONDS 4 {city of Carlsbad RECOMMENDATION •Conduct the public hearing •Adopt a resolution approving the issuance of multifamily housing revenue bonds for the La Costa Family Apartments affordable rental housing project LA COSTA FAMILY APTS TAX EXEMPT BONDS 5 {city of Carlsbad Climate Action Plan Update Katie Hentrich (she/her) Climate Action Plan Administrator Nov. 12, 2024 1 { City of Carlsbad Hold a public hearing and adopt a resolution for one of the following Climate Action Plan Update options: RECOMMENDED ACTIONS 2 2045 reduction level 1. Exclude residential and nonresidential energy reach code updates and solar carports at city owned parking lots Meets 2. Exclude nonresidential energy reach code update only Exceeds by 200 MT CO2e 3. Exclude residential energy reach code update only Exceeds by 4,000 MT CO2e 4. Adopt as presented (including all measures)Exceeds by 6,000 MT CO2e ITEM 8: CLIMATE ACTION PLAN UPDATE 3 That the City Council adopt the following: 1.A resolution certifying Addendum No. 1 to the Housing Element Implementation and Public Safety Element Update Supplemental Environmental Impact Report for the Climate Action Plan Update. ITEM 8: CLIMATE ACTION PLAN UPDATE RECOMMENDED ACTIONS (CONT.) { City of Carlsbad •Why CAP Update is required •Inventory, projections, reduction targets •Public and decisionmaker input •Options •Next steps •Conclusion 4 ITEM 8: CLIMATE ACTION PLAN UPDATE TODAY’S PRESENTATION { City of Carlsbad 5 APRIL 4, 2021 City Council approved Housing Element update APRIL 13, 2021 Staff presented CAP Annual Report 4, need for CAP Update SEPT. 16, 2022 Assembly Bill 1279 signed into law JUNE 8, 2021 City Council approved funding for CAP Update JAN. 30, 2024 City Council certified Final SEIR for Housing Element update, including Mitigation Measure GHG-1 ITEM 8: CLIMATE ACTION PLAN UPDATE WHY CAP UPDATE IS REQUIRED { City of Carlsbad 6 GREENHOUSE GASES IN CARLSBAD ITEM 8: CLIMATE ACTION PLAN UPDATE 27% ~ Ele ctiri city to. po~e r h . ·s· a-n d bus in esses 1ome · 51% t ·,on on llo,call Transporta 1 -. __ " .-!li,d-s a-nd str0ets ..... . rou . ~ Natu ira I gas, 14% •. -_. -t 3% • I -. & eq' uIpm,en_, -Other v,eh ic es, -. -- Sol id waste, 4% • ·. 130% t, w.·-ate:r o peratI ons, . 'Water, w,as e { City of Carlsbad 2035 50% below baseline Senate Bill 32 General Plan 2045 85% below baseline Assembly Bill 1279 TARGETS 7 ITEM 8: CLIMATE ACTION PLAN UPDATE { City of Carlsbad PROJECTIONS 993,000 1,024,000 981,000 456,000 239,000 490,000 147,000 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 MT C O 2e YearBAULegislatively-adjusted BAU GHG reduction targets8 ITEM 8: CLIMATE ACTION PLAN UPDATE T T T T T --- 99 MEASURE CATEGORIES ITEM 8: CLIMATE ACTION PLAN UPDATE CARB10 N SEQUES,TRATIO IE ERGY OFF-ROAD EQU IIPMIENT 'W.ASTE DIVERSION! WATER { City of Carlsbad 10 ITEM 8: CLIMATE ACTION PLAN UPDATE PUBLIC INPUT, THREE PHASES OVERALL PRIORITIES REVIEW OF POTENTIAL MEASURES REVIEW DRAFT PLAN -a --a -a -a PHASE 1: IDEAS, PRIORITIES, CONCERNS 11 •Workshop •Online survey •Ideas board •Social media •News releases •Emails ITEM 8: CLIMATE ACTION PLAN UPDATE city or cn-isti • • ,otrw.1 I ed can 1he Ct y 0,f C rlsbad 'be$ del r on lhose ngs mo!i lrnr;iortan to Ille communl 1;1c't\· ·1he ~ five )'ea ' See mOJe ( DC City of Carlsbad January 19 at 3 45 PM City Council meeting recap Her,e are some high ghts from Tuesoay's r,~ular City Coul'lci'I meeting. Climate Adi on Plan progress Th:e Ctty of Carl'sb<KI is on track to achieve ttle goals outlined in fts Climate Action Pl an. rncluding meelirng statewide green'house gas emi.ssi oo l,ug;ets by 2035. Th:e city has already su~ssed the plarl's 2020 targel, 1uh.icll was lo r,edlfce g:reernlumse gases 4% belo11,• 2012 evels. On Tuesday, th:e aty Council heard an updale on measures and aoovilies lhe dty conducted in 2021 loward meetingr ils action p'lan goals. Im 2015, the Ci'ly of Car1sb1KI was orne of th:e first cities in the county to adol)I a q;ui:tlili:eo Cfimate A.otion Plan. Th:e city is 11011J in lile process of updating1 ttte an, and you can provide input mow or onoe lhe nevJ d'rafl is ready for review. Learn more. s for· on How can the City of Carlsbad best deliver on those things mo ll m. the community over the next five years? I Take a survey f Post to our ideas walll .Ii Come to a workshop Your feedback will be used to create Carlsbad's first comprehE strategic plan. Find out more https://loom.ly/aSxNwp0 PHASE 2: REVIEW DRAFT MEASURES •Online survey •Meetings with interested stakeholders •Community events •Social media •Emails •News releases •Flyers at facilities •City Council presentation 12 ITEM 8: CLIMATE ACTION PLAN UPDATE Climate Action Plan Update --~ • ' ---:t,.,<.,, • ~ ... ;.~2_~ ------ :::. -.r -,-:~·.1JI,M....!.._<~;.._ ~~-•-: f. .r. -Climate Action Plan How can we keep reducing greenhouse gas emissions Our beautiful naluraJ environment is one of the thrngs our residenls love mosl about Car1sbad_ That's wh~ it's no surprise that prolecti:ng the environment is one of lhe main goals of the Q1Y. Council's 5-Year Strategic Plan. This week, city stall released a list of actions beiTig considered to further reduce greenhouse gas emissions, part of a comprehensive update to the city's Climate Action Plan_ Cartsbad is proud to be one ol lhe first cities in the region to develop a Climate Action Plan with measurable goals, back in 2015_ Overviewofpro~11ctions to.,e-ducegreenhous.egisemissionsinCarlsbad !:;:':..:~:::::.===~;!.":!~~== _..,,_.11'_111'_ .. ,_ ... __ =§';:~-=====~ . ___ ... ..._ ........... ------·""' _ ...... _ ............... -. . ,_,.....,__ .. __ .,_~...,,""'~·-.. --...... ---------- The City of Carlsbad is updating its Climate Action Plan, which is a long-term plan to reduce greenhouse gas emissions generated in our city. City staff would like feedback on the ipecific actions proposed in the updated plan. c,,o..,_~--... ----···-· .,._.,..,JOOI,_ ..... __ :::..,.-:-:.::.:'"~==~ --·~-·,., .. _ _ .. _,.,, _____ , r.;::: .. ,.;;;; .... _.,.,._ _ .. JO,,_,.,..__,. _ _ ., _______ , ... • 1. Please tell us about yourself: 0 -m reoresen,ng-n org;iniz.;non 0 dmo1residertofUr.sbo1d 0 .-m • bus,ness owner in U rtsb.-d 0 o1m not.I re.sidem ofU rlsb;;d, but ·m in:erested :n clim.;ce issues Q Ocher(pledse.specify) r City of Garlsbad @carlsbadcagov 4.(1" City of Carlsbad • '-Octob«18.202l·0 We're updating the city's Climate Action Plan V and have come up with a list of proposed actions for how we can help reduce greenhouse gas emissions generat~ in our city. Ta Ice a look: and provide input through 11/17. https://loom.ly/ER71HtV We're updating the city's Climate Action Plan • and have come up wit h a list of proposed actions for how we can help reduce greenhouse gas emissions generated in our ci ty. Take a look and provide input thro ugh 11/17. loom.ly/ER71HtY CITY COUNCIL MEMBER FEEDBACK •Consider establishing clear, interim benchmarks between 2035 and 2045 target years •Consider adding more measures so GHG emission reductions exceed the 2045 reduction target •Consider adding a measure to install solar in city-owned parking lots •Consider adding a measure banning artificial turf within municipal facilities 13 ITEM 8: CLIMATE ACTION PLAN UPDATE { City of Carlsbad PHASE 3: REVIEW DRAFT PLAN •Meetings with interested stakeholders •Community events •Social media •Emails •News releases •Flyers at facilities •Planning Commission presentation 14 ITEM 8: CLIMATE ACTION PLAN UPDATE -·--...: ...... ' " •• • lt The City of Ca~sbad has released a draft UJldate of its Climate Action Plan, --~-'----'--''----• -•--,_ •h --'"·'; ongoing efforts to protect the cartsbadcagov e • Following carlsbadcagov e ~ We have released the draft Climate Action Plan Update, which outlines 25 measures to reduce greenhouse gas emissions, including: 0 Expanding recycling & composting programs D Optimizing traffic signals & enhancing pedestrian pathways 6 Enhancing water system efficiency • Managing urban forests & green spaces Learn about our efforts to reduce greenhouse gas emissions and meet ambitious state targets on our website. #SustainableCar1sbad e , of climate change. to adopt a qualified Climate Action Plan lial progress over the past nine years and gas reduction target, reducing emissions 1se gas emission inventories and I, presenting the city with the opportunity further pursue the community's goal of ty. This update aligns with a key goal of fill to protect the environment and natural 15 PLANNING COMMISSION Sept. 4, 2024 Informational presentation/discussion Oct. 2, 2024 1. Recommend adopting “Option 1” Exclude residential and nonresidential energy reach code updates and solar carports at city owned parking lots 2. Recommend certifying addendum 15 ITEM 8: CLIMATE ACTION PLAN UPDATE { City of Carlsbad OPTIONS 16 2045 reduction level 1. Exclude residential and nonresidential energy reach code updates and solar carports at city owned parking lots Meets 2. Exclude nonresidential energy reach code update only Exceeds by 200 MT CO2e 3. Exclude residential energy reach code update only Exceeds by 4,000 MT CO2e 4. Adopt as presented (including all measures)Exceeds by 6,000 MT CO2e ITEM 8: CLIMATE ACTION PLAN UPDATE NEXT STEPS •Finalize document based on selected option •Begin implementing CAP Update, particularly measures and actions with 2025 monitoring benchmarks •Monitor and report annually •Create an online dashboard for tracking progress •Prepare future updates to the CAP 17 ITEM 8: CLIMATE ACTION PLAN UPDATE { City of Carlsbad 18 Hold a public hearing and adopt a resolution for one of the following Climate Action Plan Update options: RECOMMENDED ACTIONS 2045 reduction level 1. Exclude residential and nonresidential energy reach code updates and solar carports at city owned parking lots Meets 2. Exclude nonresidential energy reach code update only Exceeds by 200 MT CO2e 3. Exclude residential energy reach code update only Exceeds by 4,000 MT CO2e 4. Adopt as presented (including all measures)Exceeds by 6,000 MT CO2e ITEM 8: CLIMATE ACTION PLAN UPDATE RECOMMENDED ACTIONS (CONT.) 19 That the City Council adopt the following: 1.A resolution certifying Addendum No. 1 to the Housing Element Implementation and Public Safety Element Update Supplemental Environmental Impact Report for the Climate Action Plan Update. ITEM 8: CLIMATE ACTION PLAN UPDATE { City of Carlsbad OPEN PUBLIC HEARING ITEM 8: CLIMATE ACTION PLAN UPDATE { City of Carlsbad CLIMATE ACTION PLAN UPDATE WHAT OTHER CITIES ARE DOING •City of San Diego*: adopted CAP Update 8/2/2022, net zero by 2035 target •County of San Diego*: adopted CAP Update on 9/11/2024, 85% by 2045 target, with an “aspirational goal” of net zero by 2045 •City of Solana Beach: adopted CAP Update 10/9/2024, 85% by 2045 target •City of La Mesa*: draft CAP Update posted to website, estimated adoption by end of Nov. 2024, 85% by 2045 target •City of Encinitas*: draft measures shared, 85% by 2045 target •City of Chula Vista: CAP Update measure development and outreach underway, net zero by 2045 target •Other jurisdictions with adopted CAPs were adopted/updated prior to AB 1279 * CEQA-qualified CAP CLIMATE ACTION PLAN UPDATE MEASURE OR-2 (INCREASE RENEWABLE OR ALTERNATIVE FUEL CONSTRUCTION EQUIPMENT) •Measure language •“Develop, adopt, and implement an ordinance requiring new developments and significant land-moving and construction projects to use electric-powered or alternatively-fueled construction equipment that reduces 50% of emissions from construction activities” •Long-term implementation by 2045 •Other jurisdictions with similar CAP measures: •City of Escondido •City of Vista •County of San Diego •City of Santa Rosa, County of San Bernadino, Butte County •Some electric construction equipment is now available CLIMATE ACTION PLAN UPDATE MEASURE E-3.3 (NONRES BLDG. ENERGY – SOLAR CARPORTS) •Measure background •Was included as a supporting action in proposed measures shared with the public and with City Council on Nov. 7, 2023 (in Nonres. Bldg. Energy – Existing Reach Code) •City Council and public comments to make a standalone measure •Measure is unquantified due to lack of available data •Measure language •“Construct solar carports (also known as installing solar panels over outdoor parking spaces) at city-owned parking lots” •Medium-term implementation (6-10 years), with a monitoring benchmark in 2030 for a feasibility study •Complements supporting actions in Measures E-1 and E-3.1 Source: Carlsbad Unified School District Source: US EPA Greenhouse Gas Equivalencies Calculator 43 6,000 MT Option 4 1,428 cars driving for typical use over 1 yr 782 homes’ energy use for 1 yr 4,000 MT Option 3 952 cars driving for typical use over 1 yr 522 homes’ energy use for 1 yr 200 MT Option 2 48 cars driving for typical use over 1 yr 26 homes’ energy use for 1 yr Regional Update and Forecast City of Carlsbad Presented by Naomi Young, Principal Economist November 12, 2024 Population Changes:San Diego Region & Carlsbad A Look into the Future 2 19902.5M 20223.4M 20353.6M 20503.73M 20223.28M 20353.4M 2,400,000 2,600,000 2,800,000 3,000,000 3,200,000 3,400,000 3,600,000 3,800,000 4,000,000 1990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 Population Growth for the San Diego Region | 3 Forecast to 2050 SR 15 SR 14 Historic Source: SANDAG Series 15 Draft Forecast 20503.4M Annual Population Change in the San Diego Region | 4Source: SANDAG Series 15 Draft Forecast -50,000 -40,000 -30,000 -20,000 -10,000 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 1990 2000 2010 2020 2030 2040 2050 Historic Forecast to 2050 1990-2022: +789K 2022-2050: +113K 2000 Population 2.81M 2042 Population peaks at 3.43M 2020 First time population decreases -43K 2050 Population falls to 3.40M 2008 Population reaches 3M 1990 Population 2.5M Ten Jurisdictions with the Largest Forecasted Population Growth (2022 to 2050) | 5Source: SANDAG Series 15 Draft Forecast -2%0%2%4%6%8%10%12%14%16%18% San Marcos Chula Vista Santee Oceanside San Diego Carlsbad Escondido National City Poway Vista +16,330 +48,240 +3,820 +10,370 +66,360 +1,200 +1,200 +120 -220 -1,260 +Carlsbad While the San Diego Region is expected to grow by 112,900 (+3.4%) from 2022 to 2050, forecasted population growth varies across jurisdictions. Percent Change in Population from 2022 to 2050 Matt Sanford, Economic Development Director Roxanne Muhlmeister, Assistant Finance Director November 12, 2024 Economic and Financial Update: Q1 FY 2024-25 TODAY’S PRESENTATION •Today’s report will cover Fiscal Year 2024-25, First Quarter o July through September 2024 •Economic update •Financial update ITEM 10: ECONOMIC AND FINANCIAL UPDATE 2 CARLSBAD ECONOMY •Carlsbad’s GRP was $17.2 billion in 2023 •Carlsbad’s economy grew by approximately $600 million from 2022 to 2023 (3.6%) ITEM 10: ECONOMIC AND FINANCIAL UPDATE 3 ECONOMIC ANALYSIS •National and global factors continue to affect the economy o Uncertainty due to global turmoil o Presidential Election o Higher costs of goods and services o High cost of capital ITEM 10: ECONOMIC AND FINANCIAL UPDATE 4 ITEM 10: ECONOMIC AND FINANCIAL UPDATE 5 INFLATION Consumer Price Index for All Urban Consumers for San Diego-Carlsbad MSA ECONOMIC ANALYSIS •Macro disruptions continue to affect Carlsbad’s businesses o Cost of living and of doing business o Ability to hire and retain workers ITEM 10: ECONOMIC AND FINANCIAL UPDATE 6 ITEM 10: ECONOMIC AND FINANCIAL UPDATE 7 CARLSBAD JOBS •July through September saw 9,056 unique job postings •Jobs were posted by 1,478 different Carlsbad employers •Average salary for posted jobs was $52,500 •Entry Level jobs account for about 67% of available jobs ITEM 10: ECONOMIC AND FINANCIAL UPDATE 8 ITEM 10: ECONOMIC AND FINANCIAL UPDATE 9 $1.52m DEVELOPMENT & BUSINESS ACTIVITY •There are an estimated 6,587 current businesses in Carlsbad •License activity remained consistently strong 10 ITEM 10: ECONOMIC AND FINANCIAL UPDATE 11 14.4% 6.8% 5.5% ITEM 10: ECONOMIC AND FINANCIAL UPDATE 12 TOURISM KEY TAKEAWAYS •Inflation is normalizing and interest rates are coming down •Macro Trends, like high cost of doing business, have affected businesses •Finding and retaining workers is still a challenge as businesses pursue growth •Carlsbad’s diverse economy has remained vibrant and continues to grow ITEM 10: ECONOMIC AND FINANCIAL UPDATE 13 GENERAL FUND REVENUES fiscal year to date through first quarter 14 GENERAL FUND REVENUES Revenue category Actual FY 2023-24 Actual FY 2024-25 $ difference % difference Property tax $4.2 $4.8 $0.6 14% Sales tax 15.7 15.7 0.0 0% Transient occupancy tax 11.6 12.1 0.5 4% Other taxes 2.6 2.6 0.0 0% Income from inv. and property 1.7 2.5 0.8 49% Development related revenue 1.0 1.1 0.1 10% Other revenues 5.9 6.0 0.1 2% Total $42.7 $44.8 $2.1 5% fiscal year to date through first quarter (in millions) 15 GENERAL FUND BUDGET ITEM 10: ECONOMIC AND FINANCIAL UPDATE •Adopted budget of $238.5 million •Working budget of $253.4 million •Available budget remaining of $172.3 million, or 68% •Includes actual expenditures through Sept. 2024 •Includes open purchase order commitments 16 GENERAL FUND EXPENDITURES & ENCUMBRANCES fiscal year to date through first quarter 17 GENERAL FUND EXPENDITURES fiscal year to date through first quarter (in millions) Category FY 2024-25 Appropriation As of Qtr. 1 FY 2024-25 % of Budget Spent to Date OPEN POs at 09/30/24 Personnel $134.7 $41.5 31%$0.0 Maintenance & operations 73.0 16.7 23%11.2 Transfers out 37.6 9.4 25%0.0 Capital outlay 2.4 0.2 8%2.0 Village Trenching 5.2 0.0 0%0.0 Contingency 0.5 0.0 0%0.0 Total $253.4 $67.8 27%$13.2 18 WATER AND WASTEWATER ITEM 10: ECONOMIC AND FINANCIAL UPDATE Compared to prior year through Quarter 1: •Water revenues are up 7% and expenses are up 7% •Wastewater revenues are up 24% and expenses are up 32% 19 GOLF COURSE ITEM 10: ECONOMIC AND FINANCIAL UPDATE Compared to prior year through Quarter 1: •Net income $400,000 higher than last year •Golf Course revenues are up 2% and expenses are down 11% 20 NEXT STEPS •Monitor revenues and expenditures •Publish economic and financial status reports: carlsbadca.gov/doingbusiness carlsbadca.gov/departments/finance/financial-reports •Present fiscal year 2024-25 quarter 2 results to City Council in February 2025 ITEM 10: ECONOMIC AND FINANCIAL UPDATE 21 City Council Policy 84 amendment suggestions November 12, 2024 City Council Meeting Item #11 Steve Linke/Equitable Land Use Alliance Non-residential: Threshold for enhanced engagement •50,000 sq. ft. too high for some projects •Reduce to lower number (e.g., 20,000) and/or add staff discretion Residential: Mailed notices •Add –Whether for lease or sale –Units proposed under Density Bonus Law vs. city maximum Mailed notice Recipients •“All property owners and occupants located within a 600-foot radius of the project, measured from the property line of the project site.” •Change to “the bounding property lines” Notification sign location •“Each street frontage” •Frontage area may not be most trafficked on foot Add staff review/discretion Public outreach meetings •Require two in-person public meetings (or at least one in-person and one virtual) •Particularly for large projects (e.g., 50 or more residential units) Additional project changes that trigger supplemental engagements•Size –Residential: 20% or 10 or more units –Non-residential: 20% or 10,000 or more sq. ft. –Parking: 20% or 10 or more spaces •Any new deviation of city adopted development standards (e.g., height limit) •Significant change to any major project feature or amenity City website •Ideally, an interactive “dashboard” •At a minimum, post Mailed Notices and Enhanced Public Engagement Reports to Planning Notices webpage –Plus mailing list option to receive all such notices 1 Amendment Options City Council Policy Statement No. 84, Development Project Public Involvement Policy Jeff Murphy, Community Development Director Nov. 12, 2024 ITEM 11 2 Background •Community concerns raised about a proposed mixed use project at Sept. 24, 2024, City Council meeting –Visibility of the public notice sign at project site –Who is notified about a proposed project –Level of detail about the project in notifications –Not requiring developers hold a public meeting ITEM 11: CITY COUNCIL POLICY 84 3 •City Council Policy Statement No. 84 - Development Project Public Involvement Policy •Return with discussion of possible changes that may strengthen the city’s decision-making process •Return date Nov. 12, 2024 ITEM 11: CITY COUNCIL POLICY 84 Background 4 Approach •Staff report includes options for consideration •Considering… –Urgency in having this item quickly returned –Any changes apply to future projects •Resolution & updated policy included for adoption ITEM 11: CITY COUNCIL POLICY 84 5 Current 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.” Adopted in 2017 ITEM 11: CITY COUNCIL POLICY 84 6 Current Policy Purpose Significant Developments = Enhanced Public Engagement Non-Significant (minor) Developments = Early Public Review ITEM 11: CITY COUNCIL POLICY 84 CURRENT REQUIREMENT POSSIBLE AMMENDMENT Projects proposing 50 or more units subject to the enhanced engagement requirements Projects proposing 10 or more units subject to the enhanced engagement requirements ITEM 11: CITY COUNCIL POLICY 84 Enhanced Public Engagement - Applicability 7 CURRENT REQUIREMENT POSSIBLE AMMENDMENT Mixed-use development proposing a total of 50,000sf or more of habitable space. Mixed-use development, irrespective of project size shall require enhanced engagement ITEM 11: CITY COUNCIL POLICY 84 Enhanced Public Engagement - Applicability 8 9 Total Dev. Projects (last two years): ITEM 11: CITY COUNCIL POLICY 84 82 Enhanced Public Engagement - Applicability 10 Total Dev. Projects (last two years): Non-Significant (minor) Developments: Significant Developments: ITEM 11: CITY COUNCIL POLICY 84 82 67 82% 15 18% Enhanced Public Engagement - Applicability 11 Total Dev. Projects (last two years): Non-Significant (minor) Developments: Significant Developments: ITEM 11: CITY COUNCIL POLICY 84 82 67 82% 55 67% 15 24% 27 33% Enhanced Public Engagement - Applicability 12 ITEM 11: CITY COUNCIL POLICY 84 Non-Significant Developments 13 •Single-family homes •Small commercial uses •Townhomes/multifamily >10 units ITEM 11: CITY COUNCIL POLICY 84 Non-Significant Developments CURRENT REQUIREMENT POSSIBLE AMMENDMENT Property owners within a 600-foot radius of the project receive public notice Property owners and occupants within 600-feet of project receive public notice ITEM 11: CITY COUNCIL POLICY 84 14 Enhanced Public Engagement – Content/Recipients CURRENT REQUIREMENT POSSIBLE AMMENDMENT Public outreach meeting an option, but not required. No clear minimum meeting standards Public outreach meeting required. Includes standards on time, announcement and location ITEM 11: CITY COUNCIL POLICY 84 15 Enhanced Public Engagement – Content/Recipients CURRENT REQUIREMENT POSSIBLE AMMENDMENT Public outreach website an option, but not required. No clear content direction Public outreach website required, with content requirements ITEM 11: CITY COUNCIL POLICY 84 16 Enhanced Public Engagement – Content/Recipients CURRENT REQUIREMENT POSSIBLE AMMENDMENT Notification sign must be posted in “most visible” location on the site Sign required along all public streets that front the site. Signs must be freestanding ITEM 11: CITY COUNCIL POLICY 84 17 Enhanced Public Engagement – Content/Recipients CURRENT REQUIREMENT POSSIBLE AMMENDMENT Provides limited direction on what information should be included in the mailing packet Clear and increased requirements for what should be included in the mailing packet ITEM 11: CITY COUNCIL POLICY 84 18 Enhanced Public Engagement – Content/Recipients 19 Notice Content •Project name/case number •Location and types of permits required •Applicant and representative (if different) contact info •City staff assigned to processing application contact info •How the public can provide input/be involved •Project description Total number of parking stalls and height of parking structure Proposed deviations from city standards Expected timeframe/decision-maker ITEM 11: CITY COUNCIL POLICY 84 20 Notice Content Residential projects •Total dwelling units proposed •# units market-rate & affordable •SF range market-rate & affordable •Building heights shown in stories and feet (e.g., one story/35 feet) ITEM 11: CITY COUNCIL POLICY 84 21 Notice Content Residential projects •Total dwelling units proposed •# units market-rate & affordable •SF range market-rate & affordable •Building heights shown in stories and feet (e.g., one story/35 feet) ITEM 11: CITY COUNCIL POLICY 84 Commercial projects •Total number of buildings •SF of each building •Building height shown in stories and feet •Intended purpose and use of each building 22 Notice Content Residential projects •Total dwelling units proposed •No. units market-rate & affordable •SF range market-rate & affordable •Building heights shown in stories and feet (e.g., one story/35 feet) ITEM 11: CITY COUNCIL POLICY 84 Commercial projects •Total number of buildings •SF of each building •Building height shown in stories and feet •Intended purpose and use of each building 23 Recommended Action 1.Consider the different options presented; and 2.Consider adopting the draft resolution, which incorporates all of the options described in the staff report and this presentation; or 3.Provide other direction as desired ITEM 11: CITY COUNCIL POLICY 84 24 ITEM 11: CITY COUNCIL POLICY 84 Jurisdiction Mailed Notice Website Signage Meeting Carlsbad (Existing)Optional Optional Carlsbad (Proposed) City of San Diego Optional Co. of San Diego  Del Mar  Encinitas  Oceanside Optional Solana Beach  25 Next Steps ITEM 11: CITY COUNCIL POLICY 84 •Effective Dec. 9, 2024 •Rescind CD Form P-21 •Create new Info-Bulletin •Revise templates & forms •Public awareness 26 Amendment Options City Council Policy Statement No. 84, Development Project Public Involvement Policy Jeff Murphy, Community Development Director Nov. 12, 2024 ITEM 11