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Home My WebLink About2024-01-30; City Council; Minutes Council Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 CALL TO ORDER: 5 p.m. ROLL CALL: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. PLEDGE OF ALLEGIANCE: City Manager Scott Chadwick led the Pledge of Allegiance. ANNOUNCEMENT OF CONCURRENT MEETINGS: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Dec. 12, 2023 Minutes of the Special Meeting held Jan. 9, 2024 Minutes of the Regular Meeting held Jan. 9, 2024 Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to approve the minutes as presented. Motion carried unanimously, 5/0. PRESENTATIONS: None. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. PUBLIC COMMENT: Mary Lucid expressed her concern regarding the lack of support for providing gold standards for seniors. Lori Robins expressed her concern regarding the residents of Windsor Pointe. Mark Packard expressed his concern regarding illegal and dangerous activities happening at Windsor Pointe. Pierre Cochet-Weinandt expressed his concerns regarding climate action and global warming. Mary Anne Monck expressed her concerns regarding insurance increases in her Tanglewood neighborhood. CONSENT CALENDAR: None. BOARD AND COMMISSION MEMBER APPOINTMENTS: None. ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 1. ORDINANCE NOS. CS-463 AND CS-464 - AMENDING THE ELECTED OFFICIAL COMPENSATION REVIEW - 1) Adoption of “Ordinance No. CS-463, an Ordinance of the City Council of the City of Carlsbad, California, amending Title 2, Chapter 2.04, Section 2.04.010 (A), to adjust City Jan. 30, 2024, 5 p.m. CITY COUNCIL Minutes Jan. 30, 2024 Carlsbad City Council Regular Meeting Page 2 Council Members’ Compensation by 4%”; and 2) Adoption of “Ordinance No. CS-464, an Ordinance of the City Council of the City of Carlsbad, California, amending Title 2, Chapter 2.04, Section 2.04.020(A), to adjust the City Clerk and City Treasurer Compensation by 4%.” (Staff contact: Sheila Cobian, City Manager Department) City Manager’s Recommendation: Adopt Ordinance Nos. CS-463 and CS-464. Mary Lucid spoke regarding her concern regarding the compensation for elected officials. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-463. Motion carried, 4/1 (Burkholder – No). Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to adopt Ordinance No. CS-464. Motion carried unanimously, 5/0. PUBLIC HEARING: 2. 2021-2029 HOUSING ELEMENT REZONING PROGRAM (GPA 2022-0001/ZCA 2022-0004/ZC 2022-0001/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015/EIR 2022-0007 (PUB 2022-0010) – 1) Adoption of Resolution No. 2024-014 certifying the Final Supplemental Environmental Impact Report (EIR 2022-0007) and adopting findings of fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for amendments to the General Plan Land Use and Community Design Element, Land Use Map, and Public Safety Element, the Zoning Ordinance and Zoning Map, the Local Coastal Program, and various master and specific plans; and 2) Adoption of Resolution No. 2024-015 approving amendments to the General Plan Land Use and Community Design Element, Land Use Map (Map 1), Public Safety Element, and the Local Coastal Program to implement Objectives B, C, and D of Housing Element Program 1.1 (provide adequate sites to accommodate the RHNA), and Objective B of Housing Element Program 1.3 (Alternative Housing); and 3) Adoption of Resolution No. 2024-016 approving a greater minimum affordability requirement to apply to development of residential units on city-owned sites and all other sites that receive a Residential Land Use Change, an increase in Residential Density, or that are otherwise identified as a housing site, all as those sites are identified in Planning Commission Resolution Nos. 7498 and 7499, (Case Name: Housing Element Implementation and Public Safety Element Update; Case No.: GPA 2022-0001/ZCA 2022-0004/ZC 2022- 0001/LCPA 2022-0015/AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010 AMEND 2023-0011/AMEND 2023-0012 (PUB 2022-0010)); and 4) Introduction of Ordinance No. CS-465 titled “An ordinance of the City Council of the City of Carlsbad, California, amending the Zoning Ordinance and Zoning Map, Title 21 of the Carlsbad Municipal Code, to implement portions of Objectives B, C, and D of Housing Element Program 1.1 (provide adequate sites to accommodate the Regional Housing Needs Assessment (RHNA)), and Objective B of Housing Element Program 1.3 (Alternative Housing) for Map 1 Jan. 30, 2024 Carlsbad City Council Regular Meeting Page 3 (all sites)”, (Case Name: Housing Element Implementation and Public Safety Element Update; Case No.: ZCA 2022-0004/ZC 2022-0001/LCPA 2022-0015 (PUB 2022-0010)); and 5) Introduction of Ordinance No. CS-466 titled “An ordinance of the City Council of the City of Carlsbad, California, approving amendments to the Bressi Ranch Master Plan, Fenton Carlsbad Center Specific Plan, Green Valley Master Plan, North County Plaza Specific Plan, and Westfield Carlsbad Specific Plan to implement portions of Objectives B, C and D of Housing Element Program 1.1 (provide adequate sites to accommodate the Regional Housing Needs Assessment (RHNA)), and Objective B of Housing Element Program 1.3 (Alternative Housing),” (Case Name: Housing Element Implementation and Public Safety Element Update; Case No.: AMEND 2023-0008/AMEND 2023-0009/AMEND 2023-0010/AMEND 2023- 0011/AMEND 2023-0012/LCPA 2022-0015 (PUB 2022-0010)). Or 6) Adoption of a resolution approving amendments to the General Plan Land Use and Community Design Element, Land Use Map (Map 2 – excluding Sites 3, 8 and 15), Public Safety Element, and the Local Coastal Program to implement Objectives B, C and D of Housing Element Program 1.1 (provide adequate sites to accommodate the Regional Housing Needs Assessment (RHNA)) and Objective B of Housing Element Program 1.3 (Alternative Housing); and 7) Introduction of an ordinance titled “An ordinance of the City Council of the City of Carlsbad, California, approving an amendment to the Zoning Ordinance and Zoning Map, Title 21 of the Carlsbad Municipal Code to implement portions of Objectives B, C, and D of Housing Element Program 1.1 (provide adequate sites to accommodate the Regional Housing Needs Assessment (RHNA)), and Objective B of Housing Element Program 1.3 (Alternative Housing) for Map 2 (all sites excluding Sites 3, 8 and 15),” (Case Name: Housing Element Implementation and Public Safety Element Update; Case No.: ZCA 2022-0004/ZC 2022- 0001/LCPA 2022-0015 (PUB 2022-0010)). (Staff contact: Eric Lardy and Robert Efird, Community Development Department) City Manager’s Recommendation: Take public input, close the public hearing, introduce the ordinances and adopt the resolutions. City Planner Eric Lardy, Senior Planner Scott Donnell and Principal Planner Robert Efrid presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 5:51 p.m. Lori Robbins spoke in support of Map 1. Bob Pritchard requested that Site 5 not be included in the rezoning. George Skinner expressed concerns over the density of Site 14. Maddy Kilkenny explained the desire to continue to be involved in the city’s Housing Element. Jan. 30, 2024 Carlsbad City Council Regular Meeting Page 4 Elizabeth Edmonston expressed concerns regarding Site 3 and the proposed building on that site and requested it be removed from the plan. Alison Vredenburgh requested that Site 3 be removed from the upzoning. Joe Vredenburgh spoke regarding the environmental impact of the eucalyptus groves and lack of open space in Site 3, and spoke in support of Map 2. Gary Nessim spoke in support of Map 1 and explained that the units on city property should be 100% affordable units. Roz Raue expressed her concern that the Planning Commissioners had not visited the sites in person. Rosanne Bentley spoke against Site 3. Saahil Khandwala spoke in support of Site 10 at Bressi Ranch. Planning Commissioner Peter Merz thanked staff for their presentation and spoke in support of staff’s recommendation on behalf of the Planning Commission. Bill Hoffman of Hoffman Planning Associates spoke about how vetted the plan has been over the last several years in numerous workshops and outreach meetings, and expressed his full support for staff’s recommendations. Kim Hernandez expressed concerns regarding rezoning in the Village. Chris Barnes spoke regarding his neighborhood petition in opposition of Site 8. Jennifer Fornal urged the City Council to support Site 3 and explained that the driveway cutout would be along El Camino Real and not along Chestnut. Jacob Zuniga spoke regarding Site 4 and asked for the site to be returned to the previously zoning of Mixed-Use and not High Density. Yoland Higgins spoke regarding the environmental impacts to the natural habitat that the zoning change would have on the area along with the added traffic congestion on El Camino Real. Seeing no one else wishing to speak, Mayor Blackburn closed the duly noticed public hearing at 6:38 p.m. Mayor Blackburn called for a recess at 6:38 p.m. Mayor Blackburn reconvened the meeting at 6:50 p.m. In response to Mayor Blackburn’s request, City Planner Lardy clarified several items including: 1) At no time did the Planning Commission take action on any items with less than four Jan. 30, 2024 Carlsbad City Council Regular Meeting Page 5 members present as that would have not been a quorum, and that five members recommended Map 1 which is staff’s recommendation; 2) North County Transit District area, Site 14, is subject to the Village & Barrio Master Plan and that there is no proposed project; 3) Staff is required to look for vacant property and is not deed restricted open space; 4) the EIR did review impacts to biology and wildlife and found items that would need to be mitigated for projects; 5) Staff is proposing a higher requirement for affordable housing; 6) Traffic studies were also completed for the sites. City Planner Lardy also explained that Sites 3 and 8 were removed on Map 2, and Site 15 is within the Village and was removed on Map 2. In response to Mayor Blackburn, City Planner Lardy explained that if there were not a certified Housing Element, the builders remedy would come into play which would allow a developer to propose an application regardless of the General Plan. In response to Mayor Pro Tem Bhat-Patel, City Planner Lardy explained that any property owner could propose a General Plan amendment at any time. In response to Council Member Acosta’s inquiry about traffic concerns, Principal Planner Efrid explained that there were two different in depth analyses conducted that analyzed vehicle miles traveled as a part of the state’s significance criteria related to the environment and that traffic impacts were taken into consideration. In response to Council Member Burkholder’s inquiry regarding traffic, Principal Planner Efrid explained that if negative traffic impacts are found then other studies and steps would need to be made to mitigate the impacts. Mayor Blackburn explained that the city is mandated by the state to provide the additional affordable housing and that staff is doing the best they can to comply with the mandate. Mayor Blackburn called for a recess at 7:32 p.m. Mayor Blackburn reconvened the meeting at 7:38 p.m. Motion by Mayor Blackburn, seconded by Mayor Pro Tem Bhat-Patel, to adopt Resolution 2024-014, adopt Resolution No. 2024-015 with amendments (see below), adopt Resolution No. 2024-016, introduce Ordinance CS-465 (see below), and introduce Ordinance CS-466: 1) certify the Final SEIR and adopt related documents, including the additional materials memo dated Jan. 30, 2024 (Exhibit 1); 2) adopt amendments to the General Plan and Local Coastal Program, except for General Plan Land Use Map changes for Site 8 (Exhibit 2, Attachment B, Exhibit “GPA 2022-001/LCPA 2022-0015,” (Site 8 – Cottage Row Apartments” on staff report page 34 of 159) (Exhibit 2); 3) adopt greater affordability levels for identified properties (Exhibit 3); 4) introduce amendment to the Zoning Ordinance and Zoning Map, except for Zoning Map changes for Site 8 (Exhibit 4, Attachment A, Exhibit “ZC 2022- 0001/LCPA 2022-0015,” “Site 8 – Cottage Row Apartments” on staff report page 68 of 159) (Exhibit 4); introduce amendment to master plans and specific plans (Exhibit 5); and do not include Site 15 “City’s Oak Yard” as a housing site. Jan. 30, 2024 Carlsbad City Council Regular Meeting Page 6 Before the vote was made, City Planner Lardy read the following into the record: “Amending the proposed project to remove Sites 8 and 15 is consistent with the environmental analysis. The draft EIR considered the impact of removing Sites 8 and 15 and concluded that reducing the sites would reduce the severity of impacts related to biological resources, geology and soils, hazards and hazardous materials, and hydrology and water quality compared to the proposed project (all sites). As noted in the draft EIR, the significant and unavoidable impacts related to air quality, historical resources, GHG emissions, construction noise, and transportation already analyzed under the proposed project, would remain if Sites 8 and 15 were removed. Removing Sites 8 and 15 would not create any substantial or net new impacts and would not increase the severity of any impacts which have been evaluated by the EIR. Motion carried unanimously, 5/0. 3. AURA CIRCLE OPEN SPACE DESIGNATION (GPA 2021-0001, ZC 2021-0001, LCPA 2021-0011 (PUB 2021-0002)) AND BUENA VISTA PARK OPEN SPACE (GPA 2021-0002, ZC 2021-0002 (PUB 2021-0003)) – 1) Introduction of Ordinance No. CS-467 titled “An ordinance of the City Council of the City of Carlsbad, California, amending Section 21.05.030 of the Carlsbad Municipal Code by approving amendments to the zoning map and the Local Coastal Program Zoning Map to change zoning from One Family Residential, minimum 8,000 square foot lot size (R-1-8000) and Open Space (OS) to Open Space (OS) for a 14.58 acre property at the terminus of Aura Circle; and an amendment to the zoning map to change zoning from One Family Residential (R-1) to Open Space (OS) for a 3.1 acre property located at 1605 Buena Vista Way”, Case Name: Aura Circle Open Space and Buena Vista Park Open Space, Case No. ZC 2021-0001/LCPA 2021-0011 (PUB 2021-0002) and ZC 2021-0002 (PUB 2021-0003); and 2) Adoption of Resolution No. 2024-017 approving amendments to the General Plan and Local Coastal Program Land Use Maps to change the land use designation from Residential, 0-4 dwelling units/acre (R-4), and Open Space (OS) to Open Space (OS) for a portion of a 14.58- acre property at the terminus of Aura Circle; and an amendment to the General Plan Use Map to change the land use designation from Residential, 0-4 DU/AC (R-4) to Open Space (OS) for a 3.1 acre property at 1605 Buena Vista Way, (Case Name: Aura Circle Open Space and Buena Vista Park Open Space, Case No. GPA 2021-0001/LCPA 2021-0011 (PUB 2021-0002) and ZC 2021-0002 (PUB 2021-0003)). (Staff contact: Scott Donnell, Community Development) City Manager’s Recommendation: Take public input, close the public hearing, introduce the ordinance and adopt the resolution. City Planner Eric Lardy, Senior Planner Scott Donnell and Principal Planner Robert Efrid presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Blackburn opened the duly noticed public hearing at 7:45 p.m. Sean McCrady spoke in opposition to the trail segment portion of the plan. Roseanne Bentley expressed concerns relating to the length of time for Aura Circle open space to be addressed and in support of the trail segment. Jan.30,2024 Carlsbad City Council Regular Meeting Page 7 Mayor 8/ackburn closed the duly noticed public hearing at 7:49 p.m. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, to introduce Ordinance No. CS-467 and adopt Resolution No. 2024-017. Motion carried unanimously, 5/0. DEPARTMENTAL AND CITY MANAGER REPORTS: None. COUNCIL REPORTS AND COMMENTS: Mayor Blackburn and the City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. ANNOUNCEMENTS: This section of the Agenda is designated for announcements to advise the community regarding events that Members of the City Council have been invited to, and may pa rticipate in. Thursday, Feb. 1, 2024 -9:30 a.m. -2:30 p.m. Carlsbad City Council Special Meeting Council Chamber 1200 Carlsbad Village Dr. Carlsbad, CA PUBLIC COMMENT CONTINUED: Roseanne Bentley expressed concerns regarding the corner of State and Carlsbad Vi/lage Drive where the Choice property is to be developed. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ADJOURNMENT: Mayor Blackburn adjourned the duly noticed meeting at 8 p.m. (~l2m211r~ Tamara R. McMinn, CPMC, CMC Senior Deputy City Clerk