HomeMy WebLinkAbout2017-12-05; City Council; ; Consider adopting a City Council policy requiring early public notice and enhanced stakeholder outreach for new development proposals~ CITY COUNCIL V Staff Report
Meeting Date:
To:
From:
Staff Contact:
December 5, 2017
Mayor and City Council
Kevin Crawford, City Manager
Carl Stiehl, Associate Planner
carl.stiehl@carlsbadca.gov or 760-602-4605
CA Review ---
Subject: Consider adopting a City Council policy requiring early public notice and
enhanced stakeholder outreach for new development proposals.
Project Name: Development Project Public Involvement Policy
Project No.: OAJ 17-0006 (PUB17Y-0021}
Recommended Action
Receive a staff presentation and consider a resolution adopting a Development Project Public
Involvement Policy related to the General Plan Lawsuit Settlement Agreement.
Executive Summary
As part of the General Plan lawsuit settlement agreement with North County Advocates (NCA},
the city agreed to develop for city council cons ideration a policy for early public notice and
stakeholder outreach on sign ificant development projects. Staff has prepared a draft policy and
is presenting the policy for consideration and potential adoption.
Discussion
Background
During negotiations to settle the lawsuit against the city's certification of the General Plan
Environmental Impact Report, NCA expressed their desire that the city formally implement a
community outreach requirement in the development review process. The stated purpose for
an early outreach program was to improve outcomes in the development review and approval
process. In March of this year, the City Council approved the General Plan Lawsuit Settlement
Agreement with NCA, including a provision in Section 4.3.5 which states:
"Within nine (9) months, City staff shall present to the City Council for
consideration a policy to require project applicants to conduct early stakeholder
outreach for significant new development proposals. Prior to finalizing the
proposed policy and scheduling it for City Council consideration, city staff will
release the draft policy document for a public review and comment period, and
will meet with NCA to discuss and consider their comments on the draft policy
document."
December 5, 2017 Item #9 Page 1 of 24
The draft Development Project Public Involvement Policy (Attachment A to Exhibit 1) is the
policy document for City Council consideration required under the settlement agreement. The
settlement agreement does not obligate the City Council to adopt the policy.
Drafting the Policy
As an initial step in developing the draft policy, staff surveyed the policies and practices of other
jurisdictions within the region. While state law establishes minimum noticing and public
hearing requirements in connection with local development review and approval processes,
cities will often tailor local requirements to respond to community needs. Some cities
(including Carlsbad) respond by expanding the noticing radius and/or requiring additional on-
site notice signs. Other agencies (such as Chula Vista, Encinitas and Oceanside) go beyond
expanded noticing by encouraging/requiring project applicants to proactively seek input from
stakeholders on their development proposals before they are presented to decision-makers for
formal action. A comparison of city policies on new development notification and public
involvement is included in Exhibit 2.
Before drafting the policy, staff met with NCA and Friends of Aviara (FOA) representatives to
confirm understanding of the objective under the settlement agreement, check assumptions
and discuss expectations. Staff reached out to Carlsbad-based development consultants and
local Building Industry Association (BIA) representatives to explain the settlement agreement
provision and to gain their perspective on potential benefits and pitfalls of a prospective public
involvement policy. Staff also sought input from the city's Communications team as to effective
public involvement practices to consider in a policy, and with other Planning Division staff to
assess potential workload impacts and integration into the development review process.
With the initial research results and stakeholder discussions in mind, staff set out to draft a
public involvement policy that would:
• Apply to "significant" private and public development projects requi ring a discretionary
planning permit that are relatively large in scope or potential impact, or require some
non-routine planning approval (such as a major variance or re-zone).
• Exempt smaller, administrative and typically non-controversial projects from the new
policy.
• Integrate with, but extend beyond current notification requirements by encouraging
direct, early communication between a project applicant and stakeholders.
• Run concurrently with planning review processes to limit increased review time and
added burden on city staff resources.
• Be understandable to the public, project applicants, city staff, and decision-makers.
• Have well-defined, predictable outreach requirements, but have flexibility in how they
may be carried out.
• Be an applicant-driven, not city-driven process.
The draft policy was released for public review in late October, and staff met again with NCA
and FOA to discuss the draft. At the conclusion of the public review period, staff received four
comment e-mails, which are included in Exhibit 3. Generally, the comments related to the
December 5, 2017 Item #9 Page 2 of 24
timing of implementation of the policy, the applicability of the policy to different types of
projects, and offering clarifications or seeking explanation to specific parts of the policy, such as
procedures and methods.
Staff incorporated suggested comments where possible to develop an implementable policy
that is not overly detailed. The resulting policy contains essential information to provide the
framework for effective noticing and outreach, without being overly complex or limiting for
applicants and staff to implement. Should the City Council choose to adopt the policy, staff
would develop forms, hand-outs and guidelines to provide additional details on outreach
methods, procedures and expectations. Staff expects that these implementing materials will
address a number of the remaining comments on the policy. Exhibit 4 shows changes made to
the public review draft policy in response to comments we received .
Policy features
The draft public involvement policy formalizes existing early public notice requirements and
combines it with a new enhanced stakeholder outreach process for certain, more significant
development projects. The policy would apply to development project applications processed
by the Planning Division that require approval by the Planning Commission or City Council. All
applications requiring Planning Commission or City Council approval would continue to require
early public noticing, while a subset of those applications would be subject to enhanced
stakeholder outreach.
The Settlement Agreement called for the outreach policy to apply to "significant" new
development projects, without defining the term. Because incorporating formal public
involvement will add time and effort to the development review process, staff recommends the
policy's application be focused on new development most likely to have impacts and benefits
that are more broadly felt, or result in a new use likely to generate community concern. With
this in mind, staff proposes to exclude minor development projects (i.e., those administratively
reviewed by the City Planner) from the enhanced outreach part of the policy. Projects that
require a legislative action, such as an amendment to the General Plan, zone change, or major
master plan change, would be subject to the enhanced outreach part of the policy, as well as
any application that requires a major variance or conditional use permit. Residential projects of
20 or more units or lots, and nonresidential and mixed-use projects of 20,000 square feet or
greater would also be subject to enhanced outreach.
The policy would apply to both private and public projects that fall within these thresholds.
While many above-ground public facilities require a conditional use permit (such as new parks
and public buildings) and thus be subject to this policy, other types of capital projects would not
be subject to the policy because they do not require a development permit (other than a
coastal permit if in the coastal zone). Examples of such excluded capital projects include
maintenance, refurbishment and upgrades to existing facilities, below ground utilities (e.g.,
sewer and water lines), traffic control and surface street improvements.
The policy would require a project applicant to send out early public notices within 30 days
after formal application to the city, allowing interested stakeholders to be made aware of
projects early in the development review process. While the policy does not prescribe when an
December 5, 2017 Item #9 Page 3 of 24
applicant must initiate or conclude public outreach activities, an application will be deemed
incomplete (i.e., it cannot be scheduled for Planning Commission or City Council consideration)
until the applicant has completed enhanced outreach and filed the outreach report with the
city, if subject to those parts of the policy.
Applicants would have flexibility in the timing, number and methods of outreach used, to suit
the unique circumstances of a project and needs of stakeholders. The policy outlines a number
of outreach techniques, and allows for the possibility of other methods when warranted and
found acceptable by city staff. During our discussions about the policy, some stakeholders
expressed a desire to require face-to-face meetings, while others argued against such a
mandate in all cases. The draft policy was amended to state that in-person meetings are an
encouraged form of communication.
The policy requires a project applicant to document outreach efforts in a report that would be
filed with the city at the conclusion of the applicant's enhanced outreach. The report would
identify who was notified, who participated in outreach activities, describe issues and concerns
raised, and disclose what resolution or commitments were made in response, if any. The
project planner would review the report for completeness and file it as part of the public
record. In addition, a summary of the applicant's outreach efforts would be included in the
project staff report to the Planning Commission or City Council.
Fiscal Analysis
Development review and permitting is a vital, yet complex and time-consuming process. The
public involvement policy would add time and complexity to all subject projects during their
early review phase, but could benefit some projects through less controversy and more public
support at the hearing and decision-making phase. While the policy was carefully crafted to
limit city resource impacts by shifting most of the public involvement responsibility to project
applicants, an incremental increase to city staff workload would occur. Staff would need to:
prepare and maintain application forms, information handouts and guidelines; make changes to
administrative procedures, create and maintain interested parties contact lists; train planning
(and other) staff; educate and provide guidance to developers and interested stakeholders;
review outreach reports and incorporate them into staff analysis and reports to decision-
makers. Additionally, some city capital projects could incur additional costs and time in
complying with the policy.
As the full extent of additional workload is not yet known, staff does propose any additional
resources at this time. Instead, staff would manage the policy's implementation with existing
resources, but carefully monitor impacts and assess the need for additional resources going
forward.
Next Steps
Should the policy be implemented:
• Staff recommends the effective date of the policy be 90-days following its adoption.
This would allow time for staff to prepare forms, hand-outs and guidelines, modify
administrative procedures and information systems, inform project applicants and the
public of new requirements, and provide training to planning staff and city project
managers.
December 5, 2017 Item #9 Page 4 of 24
• This policy will apply to applications deemed complete after the 90-day effective date.
Applications deemed complete prior to the 90-day effective date are exempt.
• The City Planner will monitor the policy's implementation for effectiveness, project
review timelines, and workload impacts, and will report back to the City Council within
two years.
Environmental Evaluation (CEQA)
The policy is exempt from environmental review pursuant to CEQA Section 15061(b), which
exempts projects "where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment." The policy would
require early public notice and enhanced stakeholder outreach with development project
applications. The policy proposes to increase publ ic involvement on projects, but does not
propose any changes to land use or development; therefore, the project will not result in a
significant effect on the environment and is not subject to CEQA.
Public Notification
Information regarding public notifications of this item such as mailings, public hearing notices
posted in the newspaper and on the city website are available in the Office of the City Clerk.
Exhibits
1. City Council Resolution
2. Outreach comparison table of other similar po licies or requirements in other cities
3. Public comments received on draft policy from public review
4. Public review draft policy with final changes in Strikeout-Underline
December 5, 2017 Item #9 Page 5 of 24
RESOLUTION NO. 2017-228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A DEVELOPMENT PROJECT PUBLIC INVOLVEMENT
POLICY RELATED TO THE GENERAL PLAN LAWSUIT SETTLEMENT
AGREEMENT
CASE NAME:
CASE NO.:
DEVELOPMENT PROJECT PUBLIC INVOLVEMENT POLICY
OAY 17-0006 (PUB17Y-0021)
WHEREAS, on March 14, 2017, the City Council approved the General Plan Lawsuit Settlement
Agreement between the City of Carlsbad and North County Advocates (Settlement Agreement); and
WHEREAS, Section 4.3.5 of the Settlement Agreement requires that "within nine (9) months,
City staff shall present to the City Council for consideration a policy to require project applicants to
conduct early stakeholder outreach for significant new development proposals. Prior to finalizing the
proposed policy and scheduling it for City Council consideration, City staff will release the draft policy
document for a public review and comment period, and will meet with North County Advocates to
discuss and consider their comments on the draft policy document"; and
WHEREAS, pursuant to the Settlement Agreement, city staff met with North County Advocates
on August 30, 2017 to discuss an outline of the policy, city staff did release the draft policy document
for public review and comment on October 19, 2017, and did meet with North County Advocates during
public review on October 26, 2017 to discuss and consider their comments on the policy; and
WHEREAS, on December 5, 2017, the City Council of the City of Carlsbad, held a duly noticed
public meeting to consider the draft policy and staff's recommendations; and
WHEREAS, at said public meeting, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, the City Council considered all factors related to the
Development Project Public Involvement Policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. The Development Project Public Involvement Policy attached hereto as Exhibit lA is
hereby adopted.
3. The City Planner is directed to create, modify or update all application forms, guidelines,
instructions, and hand-outs he deems necessary to implement this policy.
4. This policy will become effective 90 days from its adoption date.
December 5, 2017 Item #9 Page 6 of 24
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 2!h day of December, 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
(SEAL)
December 5, 2017 Item #9 Page 7 of 24
(city of
Carlsbad
Council Policy Statement
Category:
Policy No.
Date Issued:
Effective Date:
Resolution No.
Cancellation Date:
Supersedes No.
Specific Subject: Development Project Public Involvement Policy
PURPOSE
84
12/5/2017
12/5/2017
2017-228
To help ensure applicants proposing certain development projects are aware of and have
considered input from interested and affected stakeholders prior to project consideration by
city decision makers. The policy is intended to supplement and not replace or conflict with legal
noticing requirements or any other required public involvement for development applications.
BACKGROUND
This policy provides a framework for project applicants to identify potentially interested and
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.
A. EARLY PUBLIC NOTICE
The following requirements apply to all applications that require approval by the Planning
Commission or City Council.
Mailed Notice
Applicants are required to send a public notice within 30 days of submittal of development
applications. The early public notice shall be sent via first class U.S. Postal Service and include:
• A brief description of the proposed project, such as:
o Project name
o Address and nearest cross streets
o The proposed use, number of dwelling units, project features, etc.
o Building square footage(s)
o Maximum height
• The applicant name, contact person, telephone number and email address.
• 8-1/2" x 11" site plan and building elevations.
• How the public can provide input.
Page 1 of 5 December 5, 2017 Item #9 Page 8 of 24
Policy No.
Noticing Area
The applicant shall send the early public notice to:
• Property owners within a 600 foot radius of the subject property according to the latest
equalized assessment rolls current as of the date of the application. If the 600 foot
radius yields fewer than 20 properties, the project applicant shall extend the radius until
20 or more properties are reached.
• The homeowners association of which the subject property is a part (if any). Notice shall
be mailed to both the property management company and HOA board of directors.
• Occupants within a 100 foot radius of the subject property in the Coastal Zone.
Project Sign
The project applicant shall post a project notice sign on the project site within 30 days of the
application date. The project sign shall:
• Utilize a template provided by the City of Carlsbad.
• Be posted in the most publicly visible location on the subject property.
The project applicant shall sign and submit an affidavit that the notice was prepared and mailed
and that the project notice sign has been posted in accordance with this policy.
B. ENHANCED STAKEHOLDER OUTREACH
Significant development applications require additional stakeholder outreach as described
below.
1. Applicability
In addition to what is described in Section A, applicants shall complete enhanced stakeholder
outreach for private or public entity development applications that require a discretionary
permit approval by the Planning Commission or City Council and include any of the following:
• Residential development consisting of 50 or more residential lots or residential units
• Non-residential or mixed-use development project (residential and non-residential uses
in the same building or on the same site) for a total of 50,000 square feet or more of
habitable space
• A Conditional use permit (excludes Minor Conditional Use Permit)
• A development project that requires a variance (excludes minor variance)
• A development project that requires a General Plan amendment, zone change, a master
plan or specific plan
• A development project that requires a major amendment to a master plan or a specific
plan. (excludes minor amendment)
• A development project that requires an amendment to the Habitat Management Plan
The provisions of this policy shall not apply to permit applications for streamlined approval
pursuant to SB35 {Gov. Code 65913.4).
Page 2 of 5 December 5, 2017 Item #9 Page 9 of 24
Policy No.
2. Procedure
• Notification: The applicant shall, at a minimum, mail to the same parties listed in Section
A, an invitation to participate in one or more outreach activities as described in Section
B-3 below. The city encourages additional forms of notification (electronic, door-to-
door, etc.) and notification to additional interested and affected parties. The invitation
may be combined with the notice described in Section A at the applicant's discretion.
• Stakeholder List: In addition to those parties required to be notified in Section A of this
policy, the project applicant shall maintain a contact list of all other parties who have
requested to be notified about the project status and future opportunities for input.
Notification requests may be made directly to the project applicant and/or to the city
Planning Division, in which case such requests will be forwarded to the applicant for
purposes of complying with this policy.
• Timing: The project applicant is required to follow the procedures of this policy
following project application submittal. The application will be deemed incomplete until
the requirements of this policy have been met. The applicant may choose to begin
soliciting public input prior to the application submittal, however outreach conducted
prior to submittal does not satisfy the requirements of this policy.
• Documentation: The project applicant shall document the public involvement that
occurred, including information such as:
o Copies of all noticing and informational materials provided to the public, noting
the method and date of distribution.
o Sign in sheets listing names of participants in outreach meetings, workshops or
other events.
o Stakeholder database.
o Copies of comment cards, survey results, emails, letters and other comments
submitted to the applicant.
o A summary of the input received and the responses to those who participated in
the public involvement, if any.
• Completion: Compliance with policy is fulfilled when noticing and outreach activities
are concluded, and a written outreach report is filed with the city and accepted as
complete by the City Planner. The development application will be deemed incomplete
until the requirements ofthis policy are met.
3. Methods
The project applicant shall choose one or more methods that will give interested and affected
members of the public a meaningful opportunity to provide input. A minimum 10 day notice in
advance of an outreach event shall be given to stakeholders to ensure they have a reasonable
opportunity to participate. Additionally, a minimum 10 days shall be given following an
outreach event, such as a meeting, for stakeholders to provide comments and for comments to
be collected by the applicant. The applicant may choose from among the methods below to
Page 3 of 5 December 5, 2017 Item #9 Page 10 of 24
Policy No.
solicit public input with the goal of enabling the greatest number of stakeholders to provide
meaningful input.
• A public meeting or open house held at a time and location accessible to most
stakeholders.
• A project website that enables the public to learn about the project and understand
how to provide input.
• An onsite meeting or information booth at or near the project site.
• A mailed informational packet with postage-paid mail-back comment form or survey.
Face-to-face meetings and open houses on or near the project site at times most likely to
maximize participation (such as evenings and weekends) are encouraged. Other techniques
may be acceptable, but the applicant should consult with the City Planner first before
undertaking any activities not listed.
Regardless of method(s) used, at minimum, the applicant must provide:
• A project description (with graphics) sufficiently detailed but easy for a layperson to
understand.
• An explanation of what permits are being sought.
• The expected timeframe and/or phasing of project construction.
• A description of the review/approval process.
• Project contact name and information.
• A description of how the public can provide input directly to the project applicant.
• The city project ID and city project planner and contact information.
4. Report
The project applicant shall submit an outreach report to the city's project planner assigned to
the project documenting:
• The outreach that was conducted.
• Who was invited to participate and who did participate. This shall include at a minimum
the notification of parties described in Section A, and stakeholders who requested to be
on the stakeholder list. A typewritten list of all names and addresses of these parties
and stakeholders shall accompany the report for city use for public hearing notification.
• A summary of issues discussed and what resulted from the discussion. Redundant or
similar comments received multiple times may be summarized.
• What commitments were made or follow-up actions would be taken, if any.
The project applicant's written outreach report shall be kept as part ofthe city's project file.
The project applicant shall provide a copy of the report (in print or electronic form) to any
stakeholder that requests a copy of it. In addition, a copy of the report may be obtained from
Page 4 of 5 December 5, 2017 Item #9 Page 11 of 24
Policy No.
the city, once accepted as complete. City staff shall include in the staff report to the Planning
Commission or City Council a brief synopsis of the project applicant's outreach activities and
results as documented in the outreach report, and may include the outreach report as an
attachment.
5. Notes on Stakeholders and Noticing
Stakeholders who become aware of a project application after the project applicant has
conducted early stakeholder outreach may still request to be notified regarding the project
from city staff. However, the outreach report is not required to be updated once it has been
accepted as complete by the city. It is at the project applicant's discretion whether to engage in
additional stakeholder outreach once the requirements of this policy have been met.
Regular noticing by the city for public hearings is not a part of this process and would
commence when the application is deemed complete and is scheduled for public hearings by
city staff. Additionally, public notice and review requirements under other local ordinance,
state or federal law are independent of and not fulfilled by the outreach requirements of this
policy. This would include, but is not limited to requirements under Carlsbad Municipal Code,
the California Coastal Act, the California Environmental Quality Act, or the National
Environmental Policy Act.
6. Administration
The City Planner shall be responsible for administering this policy. The City Planner is authorized
to create and modify forms, hand-outs and guidelines as he or she deems appropriate to
effectively administer this policy.
The Planning Division shall maintain a list of applications subject to this policy and keep records
of 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.
Page 5 of 5 December 5, 2017 Item #9 Page 12 of 24
EXHIBIT 2
Outreach Comparison of Local Policies or Noticing Requirements
Jurisdiction Enhanced Outreach Policy Type Project Types Noticed Notification Thresholds Communication Types Additional Staff Responsibilities
or Noticing Requirement (beyond standard noticing)
No formal policy; Early Public Early Public Notice applies to all 600 feet for Early Public Notice to owners at Mail notice, on-site signage N/A
Notice as Planning Division projects that require Planning submittal; also 100 feet to occupants for CDP. 600
Carlsbad practice at previous City Council Commission or City Council approval feet for Notice Public Hearing to owners, 300 feet
direction for Notice of Administrative Permit to owners, 100
feet for occupants with CDP.
Public Participation (City Council All development projects that require 500 feet to all property owners with ten days of Mail notice, shall be posted on city Staff must arrange and facilitate
Chula Vista Policy) Community Input Process application complete. webpage, open house community community meeting, take notes and
meeting (if arranged, may or may not be prepare a Record of Meeting, verify mail
held depending on notice response) notices, maintain an always notice list
Citizen Participation Program Every discretionary permit or 500 feet to all property owners and occupants, 300 Mail notice, on-site Notice of Permit Staff must review and approve CPP
(CPP) (Ordinance) administrative review must do CPP feet for an agriculture permit, or 20 nearest Application sign, CPP, Meeting (notice (includes Neighborhood Letter). verify
Encinitas (includes CIP projects) occupants, whichever creates greater number of 10-14 days before, not during city mail notices, sign in sheet, review and
notices. Anyone who makes contact or city decides meetings). Final Report, mail final report approve Final Report (7 days after
must be on public notice list. meeting)
Enhanced Notification Program GPAs, Specific Plans, Master Plans, For Enhanced Notification 1,500 feet to property Mail notice, on-site signage within 15 Staff must review and approve
(City Council Policy) Planned Developments, Zone Changes, owners with proposal (submittal within 15 days). days Notice of Project Application, Community Outreach Plan, verify mail
Oceanside Multi-Family Residential (5 or more All others 500 feet. In addition, notice to occupants website posting within 15 days of notices, review and approve Community
units), Commercial five acres or larger, within 100 feet. The policy is applicable to all types submittal and public meeting Outreach Report. Public hearing notices
all Industrial, all projects with CUPs of notices (CEQA, public hearings, etc.). must be sent out minimum 15 days in
receive enhanced notification advance.
No existing policy, Mailing Planning applications require notices 500 feet, additional noticing at the discretion of the Mail notice N/A
San Marcos Requirement, city holds some Planning Manager.
informal "project workshops"
No existing policy, Mailing Planning applications require general 300 feet or at least 25 property owners, extend 100 Mail notice View assessment is an additional
Solana Beach Requirement notices, anything over 16 feet requires feet at a time, until 25 is reached. process
view assessment
Vista No existing policy, Mailing List Applications for discretionary permits 500 feet to all property owners and occupants Mail notice, addresses must be compiled N/A
Requirements when not an owner-occupied property. by a title company
Notes: State Planning and Zoning Law only requires a notice 10 days prior to a hearing to the owner of the property, -authorized agent, applicant, water, sewer, streets, roads, schools or essential facilities which may be affected, and all
owners of property within 300 feet. Also, if more than 1,000 notices are to be produced, then city may place newspaper advertisement instead. Notice also must be sent to any person who requested to be noticed by the city clerk (or
governing body).
December 5, 2017 Item #9 Page 13 of 24
Public comments on draft policy from public review
1. Received from Brian Rup p, Shopoff Realty Investments, November 1, 2017:
Carl,
Thank you for the quick response and clarification! Attached are my red line comments for your
reference.
Regards,
Brian Rupp
Senior Vice President -Development
Mailed Notice
Applicants are required to send an early public notice within 30 days of submittal of
development applications
1. APPLICABILITY
In addition to what is described in Section A, enhanced stakeholder outreach is required for
development app lications requi ring a discretionary permit approval by the Planning
Commission or City Council, that include any of the following:
Residential development consisting of 50 or more residential lots or residential units.
Non-residential or mixed-use development project (residential and non-residential uses
in the same building or on the same site) for a total of 50,000 sq uare feet or more of
habitable space.
• Conditional use permit (excludes Minor Conditional Use Permit).
• [A project that requi res a variance.J __ ·---··-·--·------·--·-·--_ ............. .
• 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.
2. PROCEDURE
• Notification: The applicant shall, at a minimum, mail to the same parties listed in
Section A, an invitation to participate in one or more outreach activities as described in
Section 8-3 below. The city encourages additional forms of notification (elect ronic,
door-to-door, etc.) and notification to other parties to ensure all those interested in and
affected by the project have an opportunity to provide input at this early stage. The
invitation ma y 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, ~he .myproject applicaAt shall maintain a contact list of all other parties who
have requested to be notified about the project status and future opportunities for
i nputj r-:io_ti!! cati_on !_equests may be_111_a ~-e _dire_c~l_y !.E!.t~~p~oj~~!-~P..P!~c:3_~!-~ ri_g/_oE_ t?_ !~~ _____ ./
EXHIBIT 3
Commented [BR1]: What about applications that are in
process? Does this apply to those projects?
Commented [BR2]: Suggest exceptions to this if it is for one
residence (i.e., a single home remodet).
Commented [BR3]: This will lead to arguments by the public. If
someone wants to be on the list, thev should request so in writing
to the City (not the applicant).
December 5, 2017 Item #9 Page 14 of 24
city Planning Division, in which case such requests will be forwarded to the applicant for
purposes of complying with this policy.
• Timing: ~he project applicant is required to follow the procedures of this policy following
project application submittai-l_ __ The application_ will _be_ deemed incomplete _until the ______ _
minimum 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.
2. Received from Mike Howes, November 1, 2017:
Carl,
I agree with Brian's comments and would like to add that the additional noticing should not be
required for Conditional Use Permits or Variances. These types of uses rarely impact anyone
outside of the 600' radius. In addition many of the individuals applying for a Variance or CUP are
operating on a very limited budget and cannot afford any additional costs for sending out letters
or holding meetings that few if anyone outside of the 600' radius would be interested in
attending. It is hard enough for a small business in Carlsbad, this policy will just make it more
expensive for the small guys. Almost all of the larger projects are already implementing an
outreach program similar in nature to the policies requirements.
Mike Howes, AICP
Principal, Howes Weiler & Associates
3. Received from Diane Nygaard, North County Advocates, November 3, 2017:
Hi Carl
The Draft Council Policy Statement on Development Project Public Involvement Policy
posted on the city website and discussed at our meeting on October 26th provides a good
framework to start with. We are particularly pleased that this will also address public
projects. Having a clear framework for public involvement should help raise and address
issues earlier in the process and ultimately lead to better outcomes. We just have a few
comments on changes that we think would clarify the process, improve reporting and
accountability, and better meet our common objectives for this enhanced public
participation program.
Our comments include:
-Purpose
Deleting the word "significant" and referencing language in the code that describes "major"
projects and those covered by a Master Plan would provide a better understanding of the
scope of what is included.
Commented [BR4]: What about projects in process when this
policy takes effect? There should be a definitive cutoff date for
which projects this policy applies to.
December 5, 2017 Item #9 Page 15 of 24
-Background
"Appropriate" should be deleted as too subjective -it is providing additional opportunities
for input consistent with the intent.
The reports are not just intended for decision makers. Providing this information benefits
all participants in the process -the developer, staff, stakeholders and the decision-makers.
-Early Public Notice
Clarify that "minor" projects are exempt and code reference would be helpful here also.
-Mailed Notice
All persons who have requested notice through the city's subscription service should be
included in developer's noticing. City will communicate that to the developer and ensure
there is good outreach to the community about the availability and purpose of the
subscription service.
More detail is needed for the description of the project -especially if there are anticipated
changes to zoning, variances or other items that trigger the need for such notice. Things like
where access will be provided, impact on local roads and trails are often of concern to
residents and need to be called out at this early phase of a project.
The details of what is needed can be addressed administratively with a template provided
to provide more guidance.
Time period during which input will be collected needs to be clear -with a posted endpoint
so the public knows the deadline.
The notice needs to also include how the developer will respond to issues raised.
Enhanced Stakeholder Outreach
-Applicability
The thresholds of 50 residential units or 50,000 square feet of habitable space seems way
too high -very few projects would reach that threshold. If projects with 5 or more
residential units are required to go to the Planning Commission then we believe that the
same threshold should trigger this enhanced public outreach.
Other factors that would trigger this outreach should include any project that is adjacent to
hardlined open space or requires an HMP amendment.
The list needs to include better definition for public projects that will be subject to enhanced
outreach -often these would not include habitable space but could have significant public
concerns -things like road extensions/widening or a waste treatment facility.
December 5, 2017 Item #9 Page 16 of 24
We assume that NCA will also be able to review and provide input on the detailed forms and
guidelines that will prepared after formal approval of the policy as such materials are part
of implementation of this item that resulted from a settlement agreement.
Thank you for your thoughtful consideration of our input. We may provide further comment
once we see what is submitted to the city council. Hopefully we will be able to say that we
support this new policy and that it complies with the settlement agreement condition that
prompted its creation.
Diane Nygaard
On Behalf of NCA
4. Received from DeAnn Weimer. Friends of Aviara, November 3, 2017:
Hi Carl,
Friends of Aviara (FOA) greatly appreciates the opportunity to provide input on revisions to
Carlsbad's Development Project Public Involvement Policy. We hope these revisions to the
public involvement policy -and other steps taken by the city -will facilitate better
understanding of development projects by all citizens, improve transparency, and provide
opportunities for early identification and resolution of conflicts that may arise among
developers' proposed projects and the neighborhoods and community facilities these
proposed projects impact.
This policy proposal advances the following: 1. robust and early identification of the
stakeholders impacted by the proposed project; 2. creation of multiple opportunities for
stakeholders to raise issues of concern and proffer resolutions; 3. and seeks to ensure the
communication of the detailed input on these issues and potential solutions to city officials
and the public in a timely manner.
However, we would support some modifications to the language. For example, under
"Purpose" it would be simpler to define the "minor" projects and then anything outside that
definition automatically becomes significant and falls under the new provisions of this
policy. Recognizing that the "A. Early Public Notice" section essentially incorporates existing
policy, we strongly support utilizing the city listserves to make sure all citizens interested in
a given neighborhood project who have signed up for these listserves will be notified of new
project proposals; support providing greater detail on roads, trails, open spaces and bike
paths that will be impacted by a proposed development; support early identification of
potential variances, General Plan amendments, etc. and support notification of adjacent
homeowner associations, businesses and schools within 600 feet of the project property
line.
December 5, 2017 Item #9 Page 18 of 24
Under the "Enhanced Stakeholder Outreach," the "Applicability" Section is too broadly
worded for a city as close to build out as Carlsbad. Currently, the City Planning Department
has administrative authority over projects involving four (4) units and all else is referred to
the Planning Commission. FOA believes this is a good guideline and supports Enhanced
Stakeholder Outreach for residential developments consisting of five (5) or more residential
lots or residential units. Similarly for non-residential or mixed-use developments
"enhanced" standards should apply for a total of 10,000 square feet or more of habitable
space. In Carlsbad's older communities, projects of five (5) unites could have significant
impact on stakeholders and these older neighborhoods should be able to rely on these
enhanced outreach efforts just as the newer neighborhoods subject to larger developments
will.
FOA encourages clear and consistent timelines for public input and publication of reports on
community engagement/feedback/issues/resolutions at the time the reports are made
available to the city.
Under "administration," the city planner shall be responsible for administering and
interpreting this policy "in a manner that promotes transparency and robust community
participation." From a layman's perspective, the existing wording suggests a lack of
standardization in dealing with applications, when the goal is in fact the opposite. Finally,
holding public projects to these standards (which is inferred by not specifically excluding
them) lets the city lead by example and underlines Carlsbad's commitment to increased
responsiveness to its residents.
Thank you for consideration of these issues.
Regards,·
De'Ann Weimer
President, Friends of Aviara
December 5, 2017 Item #9 Page 19 of 24
(city of
Carlsbad
Draft Council Policy Statement
Category:
Policy No.
Date Issued:
Effective Date:
Resolution No.
Cancellation Date:
Supersedes No.
Specific Subject: Development Project Public Involvement Policy
PURPOSE
EXHIB IT 4
To help ensure applicants proposing significant certain development projects are aware of and
have considered input from interested and affected stakeholders prior to project consideration
by city decision makers. The policy is intended to supplement and not replace or conflict with
legal noticing requirements or any other required public involvement for development
applications.
BACKGROUND
This policy provides a framework for project applicants to identify potentially interested and
affected members of the public; provide appropriate additional opportunities for input; and
report public input and how it was considered to city staff, stakeholders and city decision
makers during the public hearing process.
A. EARLY PUBLIC NOTICE
The following requirements apply to all applications that require approval by the Planning
Commission or City Council.
Mailed Notice
Applicants are required to send a public notice within 30 days of submittal of development
applications. The early public notice shall be sent via first class U.S . Postal Service and include:
• A brief description of the proposed project, such as:
o Project name
o Address and nearest cross streets
o The proposed use, number of dwelling units, project features, etc.
o Building square footage(s}
o Maximum height
• The applicant name, contact person, telephone number and email address.
• 8-1/2" x 11" €€*Gf-site plan and building elevations.
• How the public can provide input.
Page 1 of 5 December 5, 2017 Item #9 Page 20 of 24
Policy No.
Noticing Area
The applicant shall send the early public notice to:
• Property owners within a 600 foot radius of the subject property according to the latest
equalized assessment rolls current as of the date of the application. If the 600 foot
radius yields fewer than 20 properties, the project applicant shall extend the radius until
20 or more properties are reached.
• The homeowners association of which the subject property is a part (if any). Notice shall
be mailed to both the property management company and HOA board of directors.
• Occupants within a 100 foot radius of the subject property in the Coastal Zone.
Project Sign
The project applicant shall post a project notice sign on the project site within 30 days of the
application date. The project sign shall:
• Utilize a template provided by the City of Carlsbad.
• Be posted in the most publicly visible location on the subject property.
The project applicant shall sign and submit an affidavit that the notice was prepared and mailed
and that the project notice sign has been posted in accordance with this policy.
B. ENHANCED STAKEHOLDER OUTREACH
Significant development applications require additional stakeholder outreach as described
below.
1. Applicability
In addition to what is described in Section A, applicants shall complete enhanced stakeholder
outreach for private or public entity development applications that require a discretionary
permit approval by the Planning Commission or City Council and include any of the following:
• Residential development consisting of §G...IQ__or more residential lots or residential units
• Non-residential or mixed-use development project (residential and non-residential uses
in the same building or on the same site) for a total of Wl.Q,000 square feet or more of
habitable space
• A.Conditional use permit (excludes Minor Conditional Use Permit)
• A development project that requires a variance (excludes minor variance)
• A development project that requires a General Plan amendment, zone change, a master
plan or specific plan
_• _A development project that requires a major amendment to a master plan or a specific
plan. (excludes minor amendment)
• A development project that requires an amendment to the Habitat Management Plan
2. Procedure
Page 2 of 5 December 5, 2017 Item #9 Page 21 of 24
Policy No.
• 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 minimum requirements of this policy have been met. The applicant may choose to
begin soliciting public input prior to the application submittal, however outreach
conducted prior to submittal does not satisfy the requirements of this policy.
• Documentation: The project applicant shall document the public involvement that
occurred, including information such as:
o Copies of all noticing and informational materials provided to the public, noting
the method and date of distribution.
o Sign in sheets listing names of participants in outreach meetings, workshops or
other events.
o Stakeholder database.
o Copies of comment cards, survey results, emails, letters and other comments
submitted to the applicant.
o A summary of the input received and the responses to those who participated in
the public involvement, if any.
• Completion: Compliance with policy is fulfilled when all minimum noticing and outreach
activities are concluded, and a written outreach report is filed with the city and
accepted as complete by the City Planner. The development application will be deemed
incomplete until the requirements of this policy are met.
3. Methods
The project applicant shall choose one or more methods that will give interested and affected
members of the public a meaningful opportunity to provide input. A minimum 10 day notice in
advance of an outreach event shall be given to stakeholders to ensure they have a reasonable
opportunity to participate. Additionally, a minimum 10 days shall be given following an
outreach event. such as a meeting, for stakeholders to provide comments and for comments to
be collected by the applicant. The applicant may choose from among the methods below to
solicit public input with the goal of enabling the greatest number of stakeholders to provide
meaningful input.
Page 3 of 5 December 5, 2017 Item #9 Page 22 of 24
• A public meeting or open house held at a time and location accessible to most
stakeholders.
Policy No.
• A project website that enables the public to learn about the project and understand
how to provide input.
• An onsite meeting or information booth at or near the project site.
• A mailed informational packet with postage-paid mail-back comment form or survey.
Face-to-face meetings and open houses on or near the project site at times most likely to
maximize participation (such as evenings and weekends) are encouraged. Other techniques
may be acceptable, but the applicant should consult with the City Planner first before
undertaking any activities not listed.
Regardless of method(s) used, at minimum, the applicant must provide:
• A project description (with graphics) sufficiently detailed but easy for a layperson to
understand.
• An explanation of what permits are being sought.
• The expected timeframe and/or phasing of project construction.
• A description of the review/approval process.
• Project contact name and information.
• A description of how the public can provide input directly to the project applicant.
• The city project ID and city project planner and contact information.
4. Report
The project applicant shall submit an outreach report to the city's project planner assigned to
the project documenting:
• The outreach that was conducted.
• Who was invited to participate and who did participate. This shall include at a minimum
the notification of parties described in Section A, and stakeholders who requested to be
on the stakeholder list. A typewritten list of all names and addresses of these parties
and stakeholders shall accompany the report for city use for public hearing notification.
• A summary of issues discussed and what resulted from the discussion. Redundant or
similar comments received multiple times may be summarized.
• What commitments were made or follow-up actions would be taken, if any.
The project applicant's written outreach report shall be kept as part of the city's project file.
The project applicant shall provide a copy of the report (in print or electronic form) to any
stakeholder that requests a copy of it. In addition, a copy of the report may be obtained from
the city, once #lea-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
Page 4 of 5 December 5, 2017 Item #9 Page 23 of 24
Policy No.
activities and results as documented in the outreach report, and may include the outreach
report as an attachment.
5. Notes on Stakeholders and Noticing
Stakeholders who become aware of a project application after the project applicant has
conducted early stakeholder outreach may still request to be notified regarding the project
from city staff. However, the outreach report is not required to be updated once it has been
accepted as complete by the city and the project application deemed complete. It is at the
project applicant's discretion whether to engage in additional stakeholder outreach once the
requirements of this policy have been met.
Regular noticing by the city for public hearings is not a part of this process and would
commence when the application is deemed complete and is scheduled for public hearings by
city staff. Additionally, public notice and review requirements under other local ordinance,
state or federal law are independent of and not fulfilled by the outreach requirements of this
policy. This would include, but is not limited to requirements under Carlsbad Municipal Code,
the California Coastal Act, the California Environmental Quality Act, or the National
Environmental Policy Act.
6. Administration
The City Planner shall be responsible for administering and interpreting this policy. The City
Planner is authorized to create and modify forms, hand-outs and guidelines as he or she deems
appropriate to effectively administer this policy.
The Planning Division shall maintain a list of applications subject to this policy and keep records
of individuals and organ izations 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.
Page 5 of 5 December 5, 2017 Item #9 Page 24 of 24