Prepared by the Cardiff Protection Association
Presented to Encinitas City Planning Commission

Ms. Joann Shannon - Cardiff
Ms. Virginia Felker - New Encinitas
Mr., Paul Van Slyke - Olivenhain
Mr. Marc Steyaert - Encinitas
Mr. Gene Chapo - Leucadia

1999 Community Workshops
2001 Community Consensus Conference
2001-2007 Workshops/Steele Draft
2007-2008 SCPARC Committee 2008 Cardiff Citizens Plan
2009-2010 City Open House, 2010 City Planning Department Plan

As Planning Commissioners representing Cardiff Residents it is imperative you approve only the CSPARC 2008 ‘Cardiff Citizens Plan’ For 11 years Cardiff Residents have worked with City Staff in drafting a Cardiff Specific Plan that protects what Cardiff residents cherish. There are those who would like nothing more than to see the 2001 Community Consensus Conference ‘A Vision For Cardiff’ and the CSPARC 2008 ‘Cardiff Citizens Plan’ burned and forgotten in scrap heap of history and the 2010 ‘City Planning Department Plan’ resurrected in their place. We are counting on you to stand up for us. We need you to represent us the Residents and not the special interest of a few profiteers. We need you to protect our property rights and not give them away so a few speculators can profit. History records what we have repeatedly said we need in the Cardiff Specific Plan. We need a Government of the people for the people by the people. Please Don’t let us down.

Table of Contents:

1999-2001 Consensus Conference ‘A Vision for Cardiff’
2001-2007 Steele “Cardiff Specific Plan Draft”
2007-2008 CSPARC ‘Cardiff Citizens Plan’
2010 ‘City Planning Department Plan’
2010 Conclusions
Density Bonus the Key to the Cardiff Citizens Plan

Cardiff Specific Plan History:

In 1999 and 2001 Cardiff Residents participate in workshops and the Consensus Conference of August 3,4,11 2001 to draft a ‘Cardiff Specific Plan’. 131 Cardiff Residents along with Cardiff Town Council and Chamber members draft ‘A Vision for Cardiff”. In 2007 the Steele Draft Cardiff Specific Plan is presented promoting 3+ Story buildings, Density Bonus, increased lot coverage and Street Walls blocking Ocean Views. In 2007 the City Council appoints the CSPARC Committee comprised of Cardiff Stakeholders to draft what is now known as the ‘Cardiff Citizens Plan: In 2009 the City Planning Department holds an Open House presenting the “City Planning Departments Plan” including changes to the “Cardiff Citizens Plan”. In 2010 the City Planning Department will present the ‘City Planning Department Plan’ to the Planning Commissioners, not the ‘Cardiff Citizens Plan’.

1999- 2001 “A Vision for Cardiff":

The Cardiff Community workshop held in Nov 1999 produces the following Consensus:

• “3 story commercial buildings with no setbacks on street frontage are too high for existing commercial areas’.
• Mixed Use type buildings should be small in scale and fit into surrounding areas.

A Community Consensus Conference is held August 3,4,11 2001. The Conference is attended by 131 Cardiff Residents seeking to reach Consensus on what should be included in the Cardiff Specific Plan. The Consensus Conference drafts ‘A Vision for Cardiff’ and the following Consensus Decisions are to be in the Cardiff Specific Plan:

• “All agreed that any additional uses should not be allowed to adversely affect views”
• “The conference did not favor increasing height limits’
• “current limitations should be strictly enforced as should current limitations on total square footage, lot coverage and setbacks’
• The small scale of Cardiff by the Sea should be maintained’
• “Minimum setbacks greater than 0 should be adopted’
• “one of Cardiff’s advantages is it’s open front door to the ocean which gives residents and people in the business district gorgeous views’

Fig 1- 1999-2001 Cardiff workshop/ Community Consensus Conference worksheet
“What the Cardiff residents wanted in the Cardiff Specific Plan”

2002-2007 “The Steele Draft Cardiff Specific Plan’*

In 2007 City Planners present the “Steele Draft Cardiff Specific Plan” to City Council. At a cost of more than $100,000.00 the Steele Draft presented by the City Planning Department ignores the Cardiff Residents who drafted ‘A Vision for Cardiff” in 2001. Instead, The 2007 Steele Draft promotes:

• 3+ Story Buildings
• Blocking of Ocean Views
• 200% increase in lot coverage
• 200% increase in total sq ft
• significant change in community scale
• increase in height limits
• minimum setbacks of 0 and Street Walls
• Closes Cardiff’s Ocean Front Door

Fig 2 Comparing 1999-2001 Community Workshops/2007 Steele Cardiff Draft:

*The Steele Cardiff Specific Plan Draft was overwhelmingly rejected by the residents of Cardiff.

2007-2008 “The Cardiff Citizens Plan”*

In response to negative public outcry to the City Planning Departments Steele Cardiff Draft the City Council appoints a Cardiff Citizens Committee to rewrite the Steele Cardiff draft and to produce the “Cardiff Citizens Plan”. The Citizens Specific Plan Area Review Committee (CSPARC) includes:

Mr. Pedr Norby a paid Consultant from Carlsbad leads the Cardiff Plan meetings for 9 months. 3 non Cardiff Resident City Planners guide the CSPARC Committee meetings. A Mixed Use specialist from San Juan Capistrano Mr. Brodeur is paid $10,000.00 to explain the pros and cons of mixed use to the Committee. More than 100 Cardiff Residents participate. The meetings on mixed use and Density Bonus Incentives are standing room only. Like the 2001 ‘Vision for Cardiff” The 2008 ‘Cardiff Citizens Plan”

• Limits mixed use east of Newcastle Ave lots 5,000 sq ft or less
• Enforces current height, lot coverage, FAR, Sq ft limits
• Enforces current 2 story heights and protects ocean views
• Enforces current setbacks and increases minimum setbacks
• Maintains small scale of Cardiff and Community Character
• Keeps Open Cardiff’s front door to the Ocean

Fig 3 Comparing 1999-2001 Community Consensus/2007 Steel Draft/2008 Citizens draft:

* The ‘Cardiff Citizens Plan” is the only plan endorsed by Cardiff Residents, Commercial Property Owners, Merchants, Town Council, Chamber of Commerce, 2 City Planning Commissioners and 1 City Traffic Commissioner.

2008-2010 ‘The Sept 17, 2008 Agenda Report, the Open House and the 2010 City Planning Department Plan”

On Sept 17, 2008 The City Planning Department fails to present the “Cardiff Citizens Draft” to City Council. The plan presented is prepared by City Planners not the Citizens. The Planning Department misleadingly informs the City Council in the Agenda report of Sept 17, 2008 in ‘Staff Comments’ regarding Commercial Mixed (C-CM) Zone that:

“Staff Comment: Mixed-Use- “The Committee did not reach a consensus in regard to mixed-use within the Specific Plan Area”’

A factual representation of the CSPARC “Cardiff Citizens Plan” recorded notes is::

Sept 11, 2007: ‘Mr. Pedr Norby facilitated a discussion with the Committee about where and how to limit mixed use within the Specific Plan Area” After a number of suggestions and discussions among Committee members THERE WAS A CONSENSUS TO LIMIT MIXED USE to properties on the east side of Newcastle Ave from Birmingham Dr and to Chesterfield Dr and only on lots of 5,000 sq ft or less.

Sept 18, 2007: “THERE WAS A CONSENSUS TO LIMIT MIXED USE to properties on the east side of Newcastle Ave from Birmingham Dr to Chesterfield Ave and only on lots of 5,000 sq ft or less (to include) the 2 parcels on the southeast corner of Chesterfield ave’.

Sept 18, 2007 “THERE WAS ALSO CONSENSUS BY THE COMMITTEE to recommend Mr. Brodeur's suggestion earlier that evening TO LIMIT MIXED USE to lots of 5,000 sq ft or less as established at the time of adoption of the Specific Plan’.

Oct 2, 2007 “THE CONSENSUS OF THE COMMITTEE was to limit the height of mixed use development to 26/30ft’.

Being misinformed by the City Planning Department the City Council directs the City Planning Department to hold a Cardiff Specific Plan Open House. The City Planning Staff held an Open House and presented changes to the Cardiff Citizens Plan including

• Allow mixed use on site of 10,000 sq ft
• Allow mixed use throughout the plan area
• Allow for reduced and 0 setbacks creating street walls blocking views.
• Allow for State Density Bonus incentives to exceed 3+ story height
• Allow for State Density Bonus Laws to increase lot coverage by 200%
• Allow for State Density Bonus Laws to Increase sq ft by 200%
• Allow for State Density Bonus incentives to supersede local limits.
• Allow for the destruction of the unique Cardiff Community Character
• Give new property rights to a few commercial property owners while taking away the property rights of Cardiff Residents forever.
  

The “Cardiff Citizens Plan” (CSPARC) has never been presented by itself for approval.

2010 Conclusions:

The documented facts of 2001 Community Consensus Conference and the 2007-2008 CSPARC Citizens Plan is that Cardiff Residents demand a Specific Plan that protects current 2 story height limits, lot coverage, FAR, setbacks, ocean views, resident property rights, community scale, community character and narrowly defined limited mixed use residential. Only the 2008 Cardiff Citizens Plan achieves this goal.

Fig 4-Comparing- 01Vision for Cardiff/07 Steele Draft/08 Citizens Plan/2010 City plan

The 2008 ‘Cardiff Citizens Plan’

Fig 5. Comparing 2008 ‘Cardiff Citizens Plan” / 2010 ‘City Planning Department Plan’.

The few public comments supporting the 2010 ‘City Planning Department Plan’ were mostly written by a small number of architects, realtors and commercial property owners who will profit by being given new property rights they do not currently have. Their comments demanding more mixed use, reduced setbacks and personal profits claim “ I need more mixed use” ‘Why can’t I have mixed use” ‘Give me mixed use”. The fact that not a single one of these property owners has these property rights currently. Each knew what property they were buying when they bought it. THEY ARE SEEKING A PROFITABLE UP ZONING THAT THEY WANT AT THE EXPENSE OF THE COMMUNITY AND IF GRANTED CAN NEVER BE RETRACTED. Only the 2008 ‘Cardiff Citizens Plan’ best protects the property rights of the concerned citizens equally. We need you to represent us. We need you to approve the 2008 ‘Cardiff Citizens Plan’.

Density Bonus (DB) the Key To the Cardiff Citizens Plan:

State Density Bonus Incentives apply only to ‘Residential’ designations. If a property is granted a ‘residential’ designation in local zoning then State Density Bonus incentives supersede local zoning limits. That is how local 2 story zoning becomes a 3+ story building. By the power of the State an owner of a residential project will receive 3 Density Bonus incentives including but not limited to Density Bonus incentives to exceed height, lot coverage, FAR, total square footage and use. The Density Bonus incentives can apply to 2 different ‘residential’ projects in two different geographic areas.

Anticipating the adverse impact of State Density Bonus laws the CSPARC Committee drafted the 20008 ‘Cardiff Citizens Plan’ to eliminate and mitigate the impact of State Density Incentives to:

• Protect the current rights of all people in Cardiff
• Protect the property rights of all equally.
• Protect against Density Bonus increases to height, lot coverage, FAR, .
• Protect against State laws superseding Local laws.

The 2008 ‘Cardiff Citizens Plan” Limits new mixed use residential only to properties on the east side of Newcastle Ave between Birmingham and Chesterfield Ave only to lots of 5,000 sq ft or less including the 2 parcels on the Southeast Corner of Chesterfield as of the time of the adoption of the specific plan.

The 2010 ‘City Planning Department Plan’ presented at the Open House promotes mixed use density bonus incentives and grants new residential designations to all lots on the east side of Newcastle in the C-CM zone, throughout the plan area, and lots of 10,000 sq ft.

Fig 6 The Impact of Density Bonus Incentives: