Residents, Carpinteria City Officials Warn ‘Use by Right’ Amendment Could Limit Oversight of Bailard Project

Carpinteria residents and city officials raised alarms during the January 26 City Council meeting over a little-noticed “use by right” amendment tied to the Bailard housing project, warning that embedded rezoning language could significantly limit local oversight and bypass environmental review.

The Bailard Project, also known as the Red Tail development, proposes 173 residential units in three-story buildings on a site located behind Casitas Village in Carpinteria.

The project has been under review for years, but concerns intensified after residents and officials identified language in recent rezoning amendments that appears to designate the project as “use by right.”

Under a “use by right” designation, qualifying projects can be approved ministerially without discretionary review if they meet established standards. Residents and officials said this would eliminate the need for a conditional use permit or development plan approval, limiting the ability of city boards and commissions to modify the project.

Residents and officials also expressed concern that the designation could eliminate environmental review under the California Environmental Quality Act, potentially allowing the project to bypass the Environmental Impact Report process because it would no longer be subject to discretionary approval.

During public comment, residents said the change strips local agencies of their ability to meaningfully influence the project, describing the amendment as leaving officials without “teeth” and turning the approval process into a “rubber stamp.”

Public safety emerged as a central concern, particularly because Casitas Village already contains approximately 280 units and an estimated 1,400 residents. Residents warned that adding 173 more units could worsen emergency evacuation conditions, with several describing the area as a potential “death trap.”

According to residents and council members, Birch Street is currently the only confirmed evacuation route, and no secondary access has been publicly identified as part of the project. Residents said they fear that congestion could make evacuation difficult during an emergency situation.

Residents also raised concerns about parking, noting that the project has been described as providing roughly one parking space per unit, which they fear could lead to overflow parking that blocks fire lanes and emergency access.

Several residents said their concerns are shaped by evacuation experiences during the Thomas Fire, warning that increasing population density without improved access could make the site dangerous during future emergencies.

Officials noted that the site has no backside access, meaning all traffic would flow through city streets. Fire and emergency access issues were repeatedly raised by both residents and council members throughout the discussion.

Officials confirmed that no updated site plan has been released, leaving both the public and decision-makers reviewing documents dating back to 2024.

In response to the concerns, the First District Supervisor’s office pulled the rezoning item from the Board of Supervisors’ agenda to review the fine print and clarify whether CEQA and Environmental Impact Report requirements would still apply.

The First District Supervisor’s office acknowledged that the Bailard project has become the most frequent issue raised by Carpinteria residents and said a coordinated safety review with city and county officials is planned once a new application is submitted.

Officials said the level of concern has prompted an uncommon degree of coordination between the city and county to address safety and community impacts.

Residents called for an immediate delay on rezoning decisions, restoration of environmental and safety review, and greater transparency through updated project plans. Until questions surrounding the “use by right” language are resolved, speakers said concerns over safety, accountability, and precedent remain unanswered.

All renderings of architectural plans can be viewed here.