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HomeMy WebLinkAbout2024-12-03; City Council; 14; Grand Hope Medical Office Building (SDP 2023-0025)CA Review ___AF___ Meeting Date: Dec. 3, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Lauren Yzaguirre, Associate Planner lauren.yzaguirre@carlsbadca.gov, 442-339-2634 Subject: Grand Hope Medical Office Building (SDP 2023-0025) District: 1 Recommended Action Hold a public hearing and: 1.Adopt a resolution approving a site development plan to demolish an existing medical office building and construct a 10,671-square-foot, two story, 34-foot-tall, 3-tenant medical office building with private balconies, a 395-square-foot shared balcony on the second floor and a one-story, 2,803-square-foot enclosed parking garage consisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of eight spaces on a 0.16-acre property located at 2879 Hope Avenue in the northwest quadrant of the city, the Village & Barrio Master Plan and Local Facilities Management Zone 1. Executive Summary The City Council is being asked to approve a site development plan to replace an existing medical office building at the northwest corner of Hope Avenue and Grand Avenue with a 10,671-square-foot, two story, 34-foot-tall, 3- tenant medical office building with private balconies, a 395-square-foot shared balcony on the second floor and a one-story, 2,803-square- foot enclosed parking garage. The site is within the Village Center District of the Village & Barrio Master Plan outside of the Coastal Zone. The Village Center District allows for a variety of mixed-uses, including retail, residential, office and restaurants. Medical offices are a permitted use in the district. Dec. 3, 2024 Item #14 Page 1 of 23 The Planning Commission considered the application on Oct. 16, 2024, and voted to recommend approval of the project to the City Council with minor modifications. The Village & Barrio Master Plan (Section 6.3.3) requires the City Council’s approval for this site development plan because the project would construct of a new building over 5,000 square feet of gross floor area. Explanation & Analysis Project description The property is currently developed with an existing one-story, 1,456-square-foot medical office building and a 10-space surface parking lot. The developer is proposing to demolish the existing medical office building and construct a 10,671-square-foot, two-story, 34-foot-tall, three-unit, medical office building. The building will contain three tenant spaces and includes a 2,051-squre-foot ground floor unit (unit 1) and a 2,0730-square foot and 2,084-square-foot second floor unit (units 2 and 3). Units 2 and 3 will have private balconies. A 395-square-foot shared balcony is proposed on the second floor fronting Hope Avenue. The ground floor will include an attached, one-story, 2,803 square-foot enclosed parking garage with a trash and recycle area and utility room. The parking garage will contain four parking spaces and two lift spaces – which allow for two vehicles each, one lifted above the other – for a total of eight spaces. One off these parking spaces will be an American with Disabilities Act (ADA)-compliant space and three will have electric vehicle chargers. The developer is requesting a modification from the building massing standard of the Village Center District (Section 2.7.1.H), which states no building façade visible from any public street – excluding alleys – shall extend more than 40 feet in length without a 5-foot minimum variation in the plane of the wall, as well as a change in roofline. Section 2.6.7 of the Village & Barrio Master Plan states that a modification to a development standard may be permitted by the decision-making authority – the Planning Commission or the City Council – in all districts. The plan permits such a modification to be made to enable a significant public benefit, as determined by the decision-making authority. The parking garage building’s façade, which fronts Hope Avenue, is 66 feet long with only a 2- foot wall plane variation at the stairway entrance at the northeast corner of the building, so this section of the proposed building would not comply with the Village Center District’s building massing standard, Section 2.7.1.H. However, a modification from this standard would allow the applicant to provide additional parking spaces above the minimum required parking spaces, thereby reducing the demand for off-street parking. The additional on-site parking provided constitutes a significant public benefit under Village & Barrio Master Plan Section 2.6.7. Planning Commission The Planning Commission considered the project on Oct. 16, 2024. One speaker spoke in opposition, raising concerns over the building design as it related to compatibility with the surrounding development and impacts on community character. After questions and discussion, Dec. 3, 2024 Item #14 Page 2 of 23 the Planning Commission voted to recommend approval of the project to the City Council with modifications to the number of EV parking spaces. The following is a summary of the major issues of concern raised at the Planning Commission, and staff’s response. Parking The main issue of concern raised at the hearing was parking. The commissioners expressed concerns that the eight proposed parking spaces will not be enough to serve the medical offices building, so patients would have to use street parking. They were also concerned that all eight spaces were EV spaces, therefore limiting the parking further to only those customers and employees with electric vehicles. California Government Code Section 65863.2 (Assembly Bill 2097, which became effective in 2023) prohibits the city from imposing or enforcing any minimum automobile parking requirements on a residential, commercial or other development project, except for hotel, motel, short-term rentals or other transit lodging, if the project is located within one-half mile of a major public transit stop. Regardless of a project’s distance from public transit, this state law allows the city to continue to apply its minimum parking standards for EV charging stations, as well as how many parking spaces are accessible to people with disabilities. This legislation was intended to provide flexibility for project design, in keeping with planning studies that have shown that parking should be market driven. Developers can still voluntarily provide onsite parking under the law, but any spaces provided beyond the minimum required EV and ADA spaces are to be based on builder preference and market demand, not by city- established minimum parking standards. The Village & Barrio Master Plan requires parking for medical offices to be provided at a ratio of one space per 355 square feet of gross floor area. Based on a gross square footage of 7,868 (building square footage, not including parking garage) a total of 23 parking spaces would be required. But since the site is within a half mile of the Carlsbad Village Station and is therefore not subject to city-established minimum parking standards, a total of five parking spaces (one ADA space, one EV-installed space and three EV-capable spaces) are required. The developer originally proposed to provide a total of eight EV installed spaces, including one ADA space and two single-stall car lift spaces, those that will allow vehicles to be parked one above another, with two spaces per lift. The commissioners asked whether underground parking or turntables were considered. The applicant clarified their intention with the current design was to provide as much parking as possible, citing the site constraints and size of the lot, which is flanked on two sides by existing rights-of-way. Due to the high cost and the size of the lot, building underground parking was determined to be unfeasible. The applicant stated that the current configuration of eight spaces was the most efficient way to provide the most amount of parking on site. Dec. 3, 2024 Item #14 Page 3 of 23 The commissioners determined that some spaces should be available to gas-powered vehicles and that only the minimum number of EV spaces (four spaces) should be provided. They determined that the project is providing a significant public benefit in accordance with the Village & Barrio Master Plan Section 2.6.7.B - Standards Modification Purpose by providing additional parking on site above the state-required minimum. They cited the tightly constrained parking in the area and the need for a variety of parking options – EV, ADA and standard – as reasons to support the modification, because having the on-site parking for employees and patients would reduce the demand for street parking. Lack of residential project component One commissioner expressed concerns over the lack of a residential component of the project, citing the housing crisis and need for additional housing in the village. The commissioners also expressed concerns over the economic vitality of a medical office in this area. Medical office uses are permitted within the Village Center District and a residential component is not required. The applicant clarified that the property owner is a dentist and plans to run his practice out of one of the suites. The owner has plans to rent the other two suites to other medical professionals. The owner purchased this property with the intention of finding a location for his dentist office and is not seeking to construct or manage housing. The Planning Commission staff report provided as Exhibit 2 includes a full summary of the proposed development, zoning and master plan requirements, and a summary of the analysis for the project. The minutes of the Planning Commission meeting are provided as Exhibit 3. The commission’s resolution recommend approval of the project to the City Council is Exhibit 4. Public notification A public notice of this meeting, as well as for the Planning Commission hearing, was mailed to property owners within 600 feet of the project site and posted consistent with the requirements of the Ralph M. Brown Act, which resulted in 137 property owners being notified, including four members of the public who had been in contact with staff and requested to be notified. Public hearing notices were also posted in The San Diego Union-Tribune and on the website for the Office of the City Clerk 10 days prior to the meeting. The project is subject to City Council Policy No. 84 - Development Project Public Involvement Policy. For this project, the “Notice of Project Application Process - Part A” was followed, which included mailing notices to affected stakeholders and posting a notice on the project site. The project did not meet the criteria that would require the more extensive Part B enhanced public outreach under Policy 84. (City Council Policy 84 is provided as Exhibit 5.) The applicant mailed the early public notices on Oct. 6, 2023, and on Oct. 3, 2023, the applicant posted the “Notice of Project Application” sign at a conspicuous location on the site. All comment letters received during the processing of this project have been compiled and are included in Exhibit 6. Some comments are duplicated from the Planning Commission staff report, but they are included separately to make sure a complete record of comments are accessible in one place. Any comments received after the publishing of this report will be posted by the City Clerk and distributed to the City Council. Dec. 3, 2024 Item #14 Page 4 of 23 Public comments received raised concerns regarding foot and vehicle traffic, noise, parking, building height, parking, and illegal dumping/loitering. A response to the concerns can be found in the staff report presented to the Planning Commission, Exhibit 2. Fiscal Analysis There is no direct fiscal impact associated with the proposed project. Next Steps If the City Council approves the project, the next steps for development would be completion of grading, improvement plans and building plans before the city could authorize work to begin. The specific schedule would be determined by the applicant. Grading permits, required before any work may commence, typically take between six and twelve months to process. If approved, the site development plan will expire in two years unless construction commences and could be extended for up to six additional years. Environmental Evaluation The California Environmental Quality Act and its implementing regulations, the CEQA Guidelines, adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, completed a review of the project and potential environmental impacts associated with the project in accordance with CEQA and determined that the project qualified for an exemption under CEQA Guidelines Section 15332 – In-Fill Development. CEQA Guidelines Section 15332 is a Class 32 exemption for projects under five acres, located within urbanized areas, and consistent with the General Plan and zoning regulations for the site. CEQA is established through state law and implemented through state guidelines on how to disclose and address impacts related to a proposed discretionary action. Certain project types are exempt from further environmental review in situations the state legislature and state agencies (through publication of CEQA guidelines) have decided should be exempt. One of those exemptions is for “In-Fill Development” under CEQA Guidelines Section 15332 (a Class 32 Exemption) for projects that meet the following criteria: • Project site is no larger than five acres in size • Site is located within urbanized areas • Project is consistent with the General Plan and zoning regulations for the property Therefore, the City Planner, as required under Title 19 of the Carlsbad Municipal Code, completed a review of the project and potential environmental impacts associated with the project in accordance with CEQA. Through this review, the City Planner was required to make a determination consistent with state law and determined that the project qualified for an exemption pursuant to CEQA Guidelines Section 15332 – In-Fill Development. This notice was posted on Aug. 1, 2024, for a period of 10 days. No appeals from the public were filed and no letters were received from the public on the CEQA determination. The determination that the project is exempt from CEQA Guidelines Section 15332 – In-Fill Development is final and is not subject to consideration by the public or the City Council. Dec. 3, 2024 Item #14 Page 5 of 23 Exhibits 1.City Council resolution 2.Planning Commission Oct. 16, 2024, staff report (on file with the Office of the City Clerk) 3.Planning Commission Oct. 16, 2024, minutes (on file with the Office of the City Clerk) 4.Planning Commission Resolution No. 7522 (on file with the Office of the City Clerk) 5.City Council Policy Statement No. 84 (on file with the Office of the City Clerk) 6.Correspondence received through 5 p.m. Monday, Nov. 26, 2024 Dec. 3, 2024 Item #14 Page 6 of 23 Exhibit 1 Dec. 3, 2024 Item #14 Page 7 of 23 RESOLUTION NO. 2024-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO DEMOLISH AN EXISTING MEDICAL OFFICE BUILDING AND CONSTRUCT A 10,671-SQUARE- FOOT, TWO STORY, 34-FOOT-TALL, 3-TENANT MEDICAL OFFICE BUILDING WITH PRIVATE BALCONIES, A 395-SQUARE-FOOT SHARED BALCONY ON THE SECOND FLOOR AND A ONE-STORY, 2,803-SQUARE-FOOT ENCLOSED PARKING GARAGE CONSISTING OF FOUR PARKING SPACES AND TWO LIFT SPACES (TWO PARKING SPACES PER LIFT) FOR A TOTAL OF EIGHT SPACES ON A 0.16-ACRE PROPERTY LOCATED AT 2879 HOPE AVENUE IN THE NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER PLAN AND LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASE NO.: GRAND HOPE MEDICAL OFFICE BUILDING SDP 2023-0025 (DEV2023-0122) WHEREAS, the City Council of the City of Carlsbad, Californic! has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on Oct. 16, 2024, hold a duly noticed public hearing as prescribed by law to consider Site Development Plan, SDP 2023-0025, as , • referenced in Planning Commission adopted Resolution No. 7522 recommending to the City Council that it be approved; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said site development plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the site development plan. 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. That the recommendation of the Planning Commission for the approval of Site Development Plan, SDP 2023-0025, is adopted and approved, and that the findings and conditions of the Planning Commission contained in the Planning Commission adopted Resolution No. 7522 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: Dec. 3, 2024 Item #14 Page 8 of 23 "NOTICE" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 3rd day of December, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) Exhibit 2 Planning Commission Oct. 16, 2024, staff report (on file in the Office of the City Clerk) Dec. 3, 2024 Item #14 Page 9 of 23 Exhibit 3 Planning Commission Oct. 16, 2024, minutes (on file in the Office of the City Clerk) Dec. 3, 2024 Item #14 Page 10 of 23 Exhibit 4 Planning Commission Resolution No. 7522 (on file in the Office of the City Clerk) Dec. 3, 2024 Item #14 Page 11 of 23 Exhibit 5 City Council Policy Statement No. 84 (on file in the Office of the City Clerk) Dec. 3, 2024 Item #14 Page 12 of 23 From:Keith Valentine To:Lauren Yzaguirre Subject:Project # SDP2023-0025 — Grand Hope Medical Date:Wednesday, October 11, 2023 2:19:20 PM Hi Lauren, I received a copy of the application notice for the project at 2879 Hope Avenue in Carlsbad. It seems odd that the application is taking a 1,500 sq/ft office building at 1 story with 10 parking spots to a 10,594 sq/ft building at 2 stories and reducing the spots to 8 parking spots. How can this be effective or permissible? 7 times the size with a 20% reduction in on-site parking. This poor parking situation will impact the Carlysle at 800 Grand as well as the surrounding homes and neighbors on Hope Avenue. Shouldn’t they be required to construct underground parking? Thank you. KV (Keith Valentine) CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Exhibit 6 Dec. 3, 2024 Item #14 Page 13 of 23 From:7605058298@vzwpix.com To:Lauren Yzaguirre Date:Wednesday, August 14, 2024 1:15:37 PM Attachments:image000000.jpgimage000001.jpgimage000002.jpgimage000003.jpgimage000004.jpgimage000005.jpgimage000006.jpg Hello Lauren, Please see the attached photos. They reveal an abandoned building in downtown Carlsbad. The area adjacent to the building is a mess that attracts problems, even has an opening that animals or kids might climb below the building. That area should be cleaned up and closed off. Also, I wish to make a statement that 8 covered parking spaces isn't sufficient for a 10,000 square foot medical building. The current building is one-fifth that size and has more parking. This will cause parking issues in the neighborhood. Please confirm you received this message. Thanks, Stan Katz CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Dec. 3, 2024 Item #14 Page 14 of 23 Dec. 3, 2024 Item #14 Page 15 of 23 Dec. 3, 2024 Item #14 Page 16 of 23 Dec. 3, 2024 Item #14 Page 17 of 23 NOTICE OF PROJECT APPLICATION • PROJECT !\'.AMF.: GRAND HOPE M EDICAL PROJECT NUMBER: SDP2023-0025 SITE DEV.;:-E;--,Lo"'r""v-:c1El\;:;;. c:;,T~P;;;E:;;, ~=11,,;Tc;;l;;;.O-;-D~EM=o;;-LJSH AN PROJECT EXISTING I-STORY MEDICALOFFlCE BUILDrNC AND DESCRIPTION: EXJSTl:\'G SITE 1"1PROVEME"ITS Al\'D PERMITTfffi COI\STRl:CTION OF A NEW 10,594-SQUARE FOOT, 2-STOHY. 34'-FOOT-I UGII J\U:DICAL OFFJCE BUTLDlNC 0"1 A .16-ACRE SITE. THE PROJECT WOULD INCLUDE 8 CO\'EHED ON-SITE PARKING SPACES. CITY OF CARlSRAll PL,\'.1/i'{l;,IG 011:i>11ssi·rco;Ji,.\· --------,P~R~OiJ~•:~C-TiliA}l'P~L~l~CA~N~T~l~R~E~l'~R~E~SE~·N~T~A~l~·•~V'!_E L • .. KIRK MOELLER ARCIOTECTS, L'1C. AVRt:'I' YZAGUIRRE, ASSOCIATF; PLAN•~•n '""' KIRK MOE LI.ER LAURE~.Y7..AGUIRRE(alC..\RI.SRADCA GOV (442)3.19-2634 • KIRk(ii kMARCHITECTSINC COM • (760) 80.l-8006 ' Dec. 3, 2024 Item #14 Page 18 of 23 Dec. 3, 2024 Item #14 Page 19 of 23 Dec. 3, 2024 Item #14 Page 20 of 23 Dec. 3, 2024 Item #14 Page 21 of 23 From:Kirk Moeller To:Lauren Yzaguirre Cc:Andy Champion Subject:FW: Grand Hope Medical 2879 Hope Ave Date:Thursday, November 2, 2023 3:36:57 PM Hi Lauren, Please see email below that we received from one of the neighbors for records purposes. Thank you, Kirk Moeller Kirk Moeller Architects, Inc. 2888 Loker Avenue East, Suite 220 Carlsbad, CA 92010 Office: 760-814-8128 Mobile: 760-803-8006 kirk@kmarchitectsinc.com kmarchitectsinc.com From: Nicole Gautreau <nicole.gautreau@westernu.edu> Sent: Friday, October 27, 2023 3:36 PM To: Kirk Moeller <kirk@kmarchitectsinc.com> Subject: Grand Hope Medical 2879 Hope Ave Hello, My name is Nicole Gautreau and I am an owner of 2820 Hope Ave Unit B. I would like to express my disapproval with the Grand Hope Medical Building on 2879 Hope Ave. Hope Ave is a quiet street where kids and dogs frequently play. The addition of the medical building will not only increase noise, foot and car traffic but it will also greatly increase the amount of parked cars. Only 8 parking spots is not enough for 2 story facility. This will cause street parking to become very limited for current residents. If approved despite the concerns a larger parking structure or garage will be needed. The tall building will also be unsightly and could increase the amount of homeless/ squatters in the area camping out in front of the medical building. For these reasons I do not condone this current building plan. A 1 story building with ample parking would be a much better option. Please do not hesitate to contact me with any questions or concerns. Thank You, Dec. 3, 2024 Item #14 Page 22 of 23 Nicole Gautreau CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Dec. 3, 2024 Item #14 Page 23 of 23 Tammy Cloud-McMinn From: Sent: To: Subject: Attachments: City Council: Steve Linke <splinke@gmail.com> Monday, December 2, 2024 2:48 AM Keith Blackburn; Priya Bhat-Patel; Teresa Acosta; Melanie Burkholder; Carolyn Luna; City Clerk Public comment on 12/2/2024 Item #14 (Grand Hope Medical Office Building) 2025 Legislative Bill Proposals -Linke.pdf 11 R . A d Item# / '1 A eceIve -gen a _'T For the Information of the: CITY COUNCIL Datel;J}. '.) 'f CA v cc-=:::: CM ~ACM 1....--DCM (3) .~ Here are four observations about this proposed project for you to consider. 1. Two Planning Commissioners voted against recommending approval It is not evident in the staff report, unless you click to read the Planning Commission meeting minutes, but Chair Kamenjarin and Commissioner Lafferty voted against recommending approval of the project. 2. Proximity to the Carlsbad Village train station means no/few parking spaces can be required under state law --please advocate for changes to the definition of "major transit stop" Under current state law and interpretations by the Department of Housing and Community Development and the courts, development projects within one-half mile of "major transit stops" (measured in a straight line from the nearest corners of the lots) cannot be required to install any parking spaces with the exception of a few EV/ADA spaces. Unfortunately, any transit stop with train service is considered a "major transit stop" under state law. And this includes the Carlsbad Village and Poinsettia train stations, even though the actual transit there is largely unusable by the vast majority of residents, employees, and customers. For example, it is not even a serious consideration that employees or customers of the dentist and two other medical practices that will exist at the Grand Hope Medical Office Building would be willing and able to use the infrequent train or bus service available at Carlsbad Village station, and then walk most of the 0.4 miles back and forth. And, as has been pointed out by several planning commissioners and public comments, the 8 proposed parking spaces are far under the 23 spaces that would have been required by the city, if the state law did not exist. I recently submitted some proposed legislative bill ideas to our state representatives for consideration (attached), including a re-definition of "major transit stops" to exclude those with poor bus service. Please have the Legislative Sub-committee and full City Council consider supporting these or similar bill proposals, which could apply to future projects. 3. Mitigation for transportation/parking impacts not required under existing city rules --ask staff to amend TOM rules The Transportation Demand Management (TOM) program can require TOM plans with mitigation measures that attempt to reduce vehicle trips and the need for parking. The current TOM program only requires plans based on employee trips and with a threshold of 11 O average daily trips (ADT), and it does 1 not account for customer trips. Based on its square footage, the Grand Hope Medical Office Building will generate 81 employee ADT, which is below the 11 O ADT threshold, so no TOM plan is required. However, if customer trips were included, there would be a total of 394 ADT, which could far exceed the capacity of the 8 parking spaces to be provided. Please ask staff to revise the TOM program to reduce the AOTthreshold that requires a TOM plan and/or to incorporate customer trips into the algorithm, which could apply to future projects. 4. Village-Barrio development standard waiver based solely on making three of four additional parking spaces "EV-installed" vs. "EV-capable" The developer requested waivers of Village Center District building massing development standards on boxiness and the roofline. It seems that virtually none of the proposed projects for the Village Barrio area will comply with the newly established standards--instead being granted multiple concessions/waivers. In the .o.riginal Planning Commission staff report, the resolution included Findings (#7 and #9) that the building massing design waiver was justified, because the project was proposing to have all 8 parking spaces (rather than just the required 1) be "EV-installed" vs. "EV-capable." However, tor the revised resolution adopted by the commission, they reduced the number of "EV-installed" spaces to 4. So, by approving the project, you are agreeing to the following revised Findings.: "[T]he project provides a significant public benefit [(the conversion of 3 additional parking spaces from EV-capable to EV- installed)] that warrants the granting of the standards modification ... That the applicant has provided acceptable evidence to demonstrate the need for the standards modification and there is no other way to reasonably achieve [the purposes in the Climate Action Plan] without the modification in ... [the] Village Center District building massing standard." Best regards, Steve Linke Carlsbad, CA 2 BACKGROUND 2025 LEGISLATIVE BILL PROPOSALS 11/19/2024 Example development project that raises several CEQA and local land use control issues under existing state law/guidance A development project was recently approved in Carlsbad that will demolish a vehicle miles traveled (VMT)-reducing local-serving retail mall (Carlsbad Village Plaza) that includes the only affordable grocery store, hardware store, and pharmacy within several miles, as well as about ten other stores. This will force current customers to travel farther on average to do their critical shopping/services. Many will have to start driving rather than walking/biking. The project replaces the Plaza with 218 apartments of new residents and a few small stores, plus a five- story parking garage for their cars with all of the associated new VMT. Despite this, the project was exempted from doing a California Environmental Quality Act (CEQA) transportation environmental impact study based, in part, on a claim that it will create a net reduction in VMT. The net reduction was achieved by subtracting the VMT going to the current stores and claiming that all of the substitute stores in the surrounding areas would become responsible for the diverted VMT, even though there is no practical or legal way to make the other stores accountable (and despite the fact that the existing stores are defined as VMT reducers-not VMT-generating). In addition, a corner of the project site is within 0.5 miles of a corner of the parking lot of a train station (Carlsbad Village Station) "as the crow flies," so a transit-based screen also was cited to avoid the CEQA VMT study. However, actual walking distance from the residences to the boarding area is at least 0.7 miles, and overall transit service is poor at the station (it includes only train service along the coast with 40-120 minute service intervals and a single, low- utilization bus route with 30-60 minute service intervals and limited weekend service). Further, while the project is claiming to be "transit-oriented" for the purpose of avoiding CEQA, it includes the aforementioned five-story parking garage with more than the minimum number of parking spaces required by the city--likely because the units would be impossible to market without substantial parking, given the low quality of the available transit. Finally, the apartment buildings are five stories high, and the maximum height is 69 feet, far exceeding the city's four-story/45-foot development standard limits, and the buildings also exceed the city's building mass limit. State Density Bonus Laws require waivers of these local development standards based on the inclusion of 12.5% affordable units. However, there is a single-story portion of the project that, if developed more vertically, likely could keep the 1 buildings within the city's development standards. But there seems to be ambiguity in state law, state guidance, and case law regarding a local jurisdiction's ability to require such design changes, even if they do not physically or financially make the project infeasible or reduce unit numbers. ISSUES/SOLUTIONS Issue #1: Development projects that replace VMT-reducing retail uses with VMT-generating residential uses inappropriately avoid CEQA transportation studies and, consequently, avoid greenhouse gas (GHG) emission mitigation. California Code of Regulations (CCR)§ 15064.3 generally requires that local jurisdictions use vehicle miles traveled (VMT) to evaluate transportation impacts under the California Environmental Quality Act (CEQA). Pursuant to other state laws (e.g.,§ 21099), the Governor's Office of Planning and Research (OPR)-now called the Office of Land Use and Climate Innovation (LCl)-has prepared guidelines for VMT analyses. In order to be compliant with state laws, those guidelines are generally adopted by local jurisdictions for evaluation of development applications. Solution #1: Loopholes that allow developers to avoid CEQA VMT studies need to be closed. If a development project will eliminate local-serving retail, forcing diversion of VMT to other local/regional stores, the development should not be able to subtract the diverted mileage from its VMT calculation. VMT-related legislation and/or LCI guidance should close such loopholes, and LCI could be empowered to provide guidance on analysis of individual projects, much like HCD has been empowered to enforce housing laws on individual projects. Issue #2: Under current state law, some limited-service transit stops are being considered "major transit stops," which is exploited by developers to avoid CEQA VMT transportation studies, while adding substantial vehicles/VMT and associated GHGs. Various sections of state law restrict local development regulations (e .g., parking minimums) and provide CEQA (e.g., VMT) screen-outs/exemptions for so-called "transit priority projects" (or "transit-oriented projects," "infill opportunity zones," etc.)-i.e., projects "within one-half mile" of a so-called "major transit stop" (or "high-quality transit corridor," etc.). For example, see§ 15064.3, 21064.3, 21155, 65088.1, 65863.2, and 66005.1. Most state laws seem to refer to § 20064.3 for the definition of "major transit stop," which includes existing rail stations, bus rapid transit stations, or ferry terminals served by bus or rail; or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. Other laws seem to add transit stops that are "included in applicable regional transportation plans." Apparently, a 2 new law (AB 2553} is about to go into effect that will change§ 66005.1 (restricting CEQA VMT study requirements} to include facilities to be constructed within one year and up to 20-minute bus service intervals. Solution #2: As described above, Carlsbad Village Station has a train route that makes it a "major transit stop," but it is of very limited utility for most commuters, because it only includes a few stops along the coast, and its single bus route with 30-60 minute service intervals does not provide meaningful transit alternatives and is not well-utilized . The above-cited laws should be changed to better define "major transit stop" to include only stops with transit service that is actually usable by a majority of the future residents (e.g., multiple local routes with 20 minute service intervals during peak commute times}, independent of whether a train stops there, or whether it is included in a regional plan. Issue #3: Under current state laws and HCD guidance, the measurement of the distance from a transit stop does not reflect reality or the actual likelihood of usage. Regarding the method of determining whether a project is "within one-half mile" of transit, the logical measurement would be walking distance from the residences to the boarding area (and even a one-half mile walk is pushing the limits of usable transit}. However, the Department of Housing and Community Development (HCD) has provided guidance that it should be measured as "a straight, direct line from the nearest edge of the parcel containing the project site to any point on the parcel(s} that make up the property upon which a major transit stop is located." HCD's guidance cites some supporting evidence in other laws and case law for their interpretation of the straight-line measurement from the nearest points of the sites, but they ignore common sense and other laws with different interpretations of such measurements. For example, § 21155 specifies: A project shall be considered to be within one-half mile of a major transit stop or high- quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor. In the example development project, the residential buildings are set well back from the nearest edge of the project site-in fact, there is a commercial lot between the residential portion and the transit stop. And the nearest point at the transit stop is the parking lot. Further, people cannot fly to the transit stop, they must navigate on the streets (and there may even be cases where there is a barrier, such as a canyon). Using the definition in § 21155, the distance would be about 0.7 miles. 3 Solution #3: The laws should be changed to specify average walking distance to the boarding area of the transit stop and use the definition of the residential site in§ 21155, which would account for potential physical barriers and the actual distance for residents-rather than the over-simplistic one-half mile radius "as the crow flies" from the nearest points of the lots. Issue #4: There seems to be ambiguity in state law, state guidance, and case law regarding a local jurisdiction's ability to require design changes, even if they do not physically or financially make the project infeasible or reduce unit numbers. Solution #4: Make it clear in state law that cities can require such design changes to make projects compliant with local rules/development standards, so that HCD guidance and the courts will not create contrary rules. Issue #5: The example project will demolish the only affordable grocery store and the only hardware store and pharmacy within several miles, creating a food and pharmacy "desert" without any consequences . Solution #5: Allow local jurisdictions to require additional mitigation measures when proposed projects will create food or pharmacy deserts and to reward projects that reduce deserts. Code § 66005.1 includes an opportunity for a special traffic impact fee carve-out when a project is in proximity to " ... [c]onvenience retail uses, including a store that sells food ... " And there may be other enacted or proposed food/pharmacy desert related laws that could set some sort of precedent. Note: None of the above solutions are intended to preclude project approval-just prevent inappropriate avoidance of CEQA transportation-based mitigation and/or unintended creation of food/pharmacy/retail deserts. Steve Linke splinke@gmail.com Carlsbad, CA 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 5 p.m. on Tuesday, Dec. 3, 2024, to consider a Site Development Plan to demolish an existing medical office building and construct a 10,671-square-foot, two story, 34-foot-tall, 3-tenant medical office building with private balconies, a 395-square-foot common egress balcony on the second floor and a one- story, 2,803-square-foot enclosed parking garage consisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of 8 spaces on a 0.16-acre property located at 2879 Hope Avenue in the northwest quadrant of the City, the Village & Barrio Master Plan, and Local Facilities Management Zone 1. Lot 26 of Schell and Sites Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2145, filed in the Office of the County Recorder of San Diego County on February 20, 1929. Whereas, on Oct. 16, 2024, the City of Carlsbad Planning Commission voted 5/2 (Lafferty, Kamenjarin - No} to recommend the City Council approve a Site Development Plan to demolish an existing medical office building and construct a 10,671-square-foot, two story, 34-foot-tall, 3-tenant medical office building with private balconies, a 395-square-foot common egress balcony on the second floor and a one-story, 2,803-square-foot enclosed parking garage consisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of 8 spaces on a 0.16-acre property located at 2879 Hope Avenue in the northwest quadrant of the City, the Village & Barrio Master Plan, and Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Nov. 27, 2024. If you have any questions, please contact Lauren Yzaguirre in the Planning Division at (442) 339 -2634 or lauren.yzaguirre@carlsbadca.gov. The meeting can be viewed online at https://www.carlsbadca.gov/city-hall/meetings-agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mairto the attention of Office of the City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk@carlsbadca.gov. If you challenge the Site Development Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: SDP 2023-0025 GRAND HOPE MEDICAL OFFICE BUILDING NOV. 22, 2024 CITY OF CARLSBAD CITY COUNCIL SITE MAP • N NOT TO SCALE Grand Hope Medical Office Building SDP2023-0025 (DEV2023-0122) TO: CITY CLERK DATE OF PUBLIC HEARING: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING LOCATION: GJ-'1200 Carlsbad Village Drive, Carlsbad, CA 92008 D Other: _________________ _ • DATE POSTED TO CITY WEBSITE /;/'-II~ c/ DATE NOTICES MAILED TO PROPERTY OWNERS: _ _,_JL-.J/'-'J'-""'"""~=l'--":J"-"-'-oe<..io;l.<-..:::.L-{ __ NUMBER MAILED: I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: ~TY CLERK'S OFFICE □OTHER _______ _ 1. me~ uQ:J./.;lo:z,; Signature Date SENT TO FOR PUBLICATION VIA E-MAIL TO: □ Union Tribune on ___ _ ~ Coast News on / o/;?s?/ ;;Jt/ PUBLICATION DATE: Union Tribune -------------- Coast News / / h ;;;i/d--w V I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. DEPARTMENT: [B-cfry CLERK'S OFFICE □ OTHER _______ _ Signature Date Attachments: 1) Mailing Labels 2) Notice w/ attachments CTIY OF CARISJIAJJ NQTTCEOFPJIBTTCHEABING NOTICE IS HEREBY GIVEN" to you, because your interest maybe affected. that the City Coun- cil of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Vil- lage Drive, Carlsbad. California, at 5 p.m. on Tuesday, Dec. 3, 2024, to consider a Site Develop- ment Plan to demolish an existing medical office building and construct a 10,671-square-foot, two story, 34-foot-tall, 3-tenant medical office building with private balconies, a 395-square- foot common egress balcony on the second floor and a one-story, 2,803-square.-foot enclosed parking garage consisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of 8 spaces on a 0.16-acre property located at 2879 Hope Avenue in the north- west quadrant of the City, the Village & Barrio Master Plan, and Loca] Facilities Management Zone 1. Lot 26 ofSchell and Siles Addi lion to Carlsbad, in the City of Carlsbad, County ofSan Diego, State of California., according to map thereofno. 2145, filed in the Office of the County Recorder of San Diego County on February 20, 1929. ' Whereas, on OcL 16, 2024, the City of Carlsbad Planning Commission voted 5/2 (Lafferty, Kamenjarin -No) to recommend the City Council approve a Site Development Plan to demol- ish an existing medical office building and construct a. 10,671-square-foo~ two story, 34-foot- tall, 3-tenant medical office building with private balconies, a 395-square-foot common egress balcony on the second floor and a one-story, 2,803-square-foot enclosed parking garage con- sisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of 8 spaces on a 0.16-acre property located at 2879 Hope Avenue in the northwest quadrant of the City, the Village & Barrio Master Plan, and Loca] Facilities Management Zone l. I 'niose persons wishing to speak on this proposal are cordially invited to attend the public hear- ing. Copies oflhe staff report will be available on and aJ\er Nov. 27, 2.024. If you have any ques- tions, please contact Lauren Yzaguirre in the Planning Division at (442) 339 -2634 or lauren. yzaguirre@carlsbadca.gov. The meeting can be viewed online atbttps·/!wwwcarlsbadca gov/ cit;y-ba11/meetings-agendas or on the city's cable channel. In addition, written comments may be submitted to the City Council at or prior to the hearing via U.S. Mail to the attention of Of- fice oflhe City C1e:rk. 1200 Carlsbad Village Drive, Carlsbad, CA 92008, or via email to clerk.@ caclsbadca gov If you challenge the Site Development Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City CJerk's Office, 1200 Carlsbad Vil- lage Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME, PUBLISH, CITY OF CARLSBAD CITY COUNCIL SOP 2023-0025 GRAND HOPE MEDICAL OFFICE BmLDING NOV.22,2024 Grand Hope Medical Office Building SDP2023-0025 (DEV2023-0122) 11/22/2024 CN 29728 3 col x 9,25" 27,75"x $15 $416,25 BUTLER ANDREW RAND REITZ ERIN A 990 LAGUNA DR CARLSBAD CA 92008 . 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INTO A SINGLE LABEL Lauren Yzaguirre, Associate Planner Community Development December 3, 2024 GRAND HOPE MEDICAL OFFICE BUILDING SDP 2023-0025 1 1 C cityof Carlsbad PROJECT LOCATION 2879 Hope Ave. •0.16 acres •V-B •Village Center (VC) District 2 RD-MR-3 VC FC Grand Hope Medical Office Building SDP2023-09V2023-0122) 0 10 20 40 60 Feet {cityof Carlsbad PROJECT FEATURES •Two -story medical office •3 tenant spaces •Ground floor unit 1 (2,051 SF) •Second floor unit 2 (2,073 SF) & 3 (2,084 SF) •Common egress balcony (395 SF) •Parking Garage 3 {cityof Carlsbad PROJECT ANALYSIS General Plan (V-B) Zoning Ordinance (V-B) Village & Barrio Master Plan 4 STANDARDS MODIFICATION VBMP Section 2.6.7.B – PURPOSE Standards modifications are permitted only for the following purposes: 1.To provide housing affordable to low and/or moderate income households; or 2.To construct residential development at densities at the minimum set forth for the applicable land use district; or 3.To enable a significant public benefit as determined by the decision-making authority. A significant public benefit may include, but is not limited to, one or more of the following: a.Exceeding minimum Climate Action Plan (CAP) consistency requirements; b.Exceeding local energy efficiency requirements and/or renewable energy requirements; c.Exceeding local electric vehicle parking requirements; d.Reducing vehicle miles traveled (VMT); e.Implementing programs that encourage employees to carpool or ride transit; f.Implementing an important public amenity or infrastructure component of the Master Plan; and g.Advancing other benefits as determined by the decision-making authority; or 4.To protect or accommodate a designated or potential historic resource as defined in California Environmental Quality Act Guidelines Section 15064.5; or 5.To recognize an established building or site character that is unique and desirable to maintain.5 STANDARDS MODIFICATION 6 Village and Barrio Master Plan Section 2.7.1.H - Building Massing “Maximum wall plane and roofline: No building façade visible from any public street (excluding alleys) shall extend more than 40 feet in length without a 5-foot minimum variation in the wall plane, as well as, a change in roofline.” • Wall Plane Maximum ft minimum -m 5 • 40 ft. max1mu PROJECT DESCRIPTION Unit 1 Parking Garage 7 66’ I~ L_ I ' , r.Nl::LFT &:JIIU& TOeE U!EDCR.r / / ~ ',, B't flW'EDnPO'l'H:!l 'Mlil '-000.Fl ltE lllJUlNll / ' / •! ',-. PAR~l14GLJFT7t8 ,,✓ .. '"' ---..., I I \ r1-J .--·1:.._ _________ ~- STAl~I • E.Y.C.S. (l-;sTIIL.lEDj FlRCRl&rR\ ! ! ! ! ! ! ! ! ! ! I ~ I I I I I I I I I I I I I I I 11 I I I I I 1 I.I' -,- ----------t--------:-:-t------t--I-- I --- I I I I I I I I I lh========±::::::====~~~~I ii-~ -------------~ C1ty-o-~ Carlsbad PARKING ASSEMBLY BILL 2097 8 City Requirements •1 space per 355 square feet •23 total spaces required (minimum) •1 ADA and 4 EV spaces (of total) PARKING ASSEMBLY BILL 2097 9 City Requirements •1 space per 355 square feet •23 total spaces required (minimum) •1 ADA and 4 EV spaces (of total) AB 2097 •Cannot apply parking standards for properties within ½ of transit station •Minimum ADA and EV standards apply PLANNING COMMISSION RECCOMENDATION 10 •Provides a public benefit by providing additional parking above the state minimum •Provide a variety of parking options (EV, ADA and standard) •Reduce demand for street parking •Revise EV parking spaces from all 8 EV to 4 EV installed.C cityof Carlsbad RECOMMENDED ACTION ITEM 14: GRAND HOPE MEDICAL OFFICE BUILDING 11 Adopt the resolution approving the site development plan as described in the staff report. C cityof Carlsbad Mike Strong, Assistant Director Lauren Yzaguirre, Associate Planner Community Development December 3, 2024 GRAND HOPE MEDICAL OFFICE BUILDING SDP 2023-0025 12 C cityof Carlsbad