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HomeMy WebLinkAbout2011-05-10; City Council; 20543; STATE STREET MIXED USECITY COUNCIL- AGENDA BILL 11 AB# 20,543 MTG. 5/10/11 DEPT. HNS STATE STREET MIXED-USE RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) DEPT. HEAEKipk^y CITY ATTY. ^--p? CITY MGR. li (/ RECOMMENDED ACTION: That the C\ty Council ADOPT Resolution No. 2011-088. APPROVING amendments to Major Review (Redevelopment) Permit RP 05-1OA, Tentative Tract Map CT 05-20(A) and Coastal Development Permit CDP 05-42(A) to allow the construction of a mixed-use development project consisting of nine (9) condominium units and 1,155 square feet of commercial/retail space on a .28 acre property located at 3044 State Street in Land Use District 1 of the Village Review Zone and in Local Facilities Management Zone 1 as recommended by the Planning Commission; and ADOPT Resolution No. 2011-089. approving a Parking-ln-Lieu Fee Program participation agreement between the City Council and 3044 State Street LLC for the State Street Mixed-Use Project at 3044 State Street, in District 1 of the Village Review Zone. ITEM EXPLANATION: The proposed project requires an amendment of a Major Review (Redevelopment) Permit because the property is located within the Village Review (V-R) zone and involves new construction of a building with a building permit valuation greater than $150,000. The project also involves an amendment to the Tentative Tract Map for separate ownership of the residential units as well as an amendment to the Coastal Development Permit because the project is located in the Village segment of the Coastal Zone. In accordance with Major Review Permit procedures, the amendments to the three items are being brought forward for final decision following a recommendation by the Planning Commission on March 16, 2011. On August 16, 2006, the Housing and Redevelopment Commission approved the original project, which allows for a three-story mixed-use building with six (6) large residential units and 1,859 square feet of commercial/retail space. Subsequent to the original project approval, the Housing and Redevelopment Commission approved revisions to the development standards in the Village, with one of the revisions allowing for a higher density (35 du/ac) in Districts 1-4. As a result of changes in the housing market and the noted change to the development standards, the applicant is requesting to amend the noted development permits to 1) add three (3) residential units; 2) decrease the size of the residential units to make them more marketable in the current housing market; and 3) to decrease the square footage for the retail space. The applicant is proposing to construct a new three-story, 19,365 square foot mixed-use building consisting of nine (9) condominium units (one affordable unit on-site) and 1,155 square feet of commercial space. The residential units range in size from 1,200 to 2,200 square feet. The building takes on a California/Mediterranean architectural theme with the use of varied brown stucco colors, tile roofs, stone veneer and upper floor balconies. The proposed project meets building setback, building coverage, building height, roof pitch and open space requirements. The required parking for the project is 23 spaces total. The applicant is requesting to participate in the Parking In-Lieu Fee program for the four (4) required commercial parking spaces for a total fee of $44,960 ($11,240/space). For the residential portion, 18 resident spaces are provided through DEPARTMENT CONTACT: Austin Silva 760-434-2813 austin.silva@carlsbadca.gov FOR CITY CLERKS USE ONL Y. / COUNCIL ACTION: APPROVED yQ DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 individual garages accessed off the Tyler Street alley and an interior motor court, and four (4) guest spaces are provided along the north side of the building for a total of 22 spaces. The applicant is requesting a standards modification to waive the requirement for one residential guest parking space, and to reduce the size of the on-site guest parking spaces from a dimension of 8.5' x 20' to 8.5' x 13.5' to accommodate smaller, more fuel efficient vehicles. The Village Master Plan and Design Manual allows the City Council to approve development standard modifications where the applicant can provide acceptable evidence that a requested development standard modification is necessary in order for silver level or higher LEED (Leadership in Energy & Environmental Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of the development with such certification. Standards modifications are also permitted for projects which assist the City in meeting the goals and objectives set forth with the Village Master Plan and Design Manual. A mixed-use project is a desired product and meets the goals and objectives set forth in the Village Master Plan. The applicant has indicated that the proposed project will be achieving the silver level of LEED certification. Some features that the project will use to achieve the certification include public transportation access, parking and electrical charging for low-emitting and fuel-efficient vehicles, water use reduction, on-site renewable energy, re-use of materials, and the use of regional and low-emitting materials to name a few. The approving resolution along with the Planning Commission staff report and the draft minutes of the March 16th meeting are attached for the Council's review. In addition, the necessary resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owner to participate in the Parking In-Lieu Fee Program for the commercial parking spaces, are attached for the Council's review and approval. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax and additional employment opportunities. The project may also act as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings through the elimination of a blighting influence within the area. All public infrastructure required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: When the project was first approved in August 2006, it was exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. With the proposed changes to the project, it is still exempt from environmental review pursuant to section 15332 of the State CEQA Guidelines. EXHIBITS: 1. City Council Resolution No.2011-088APPROVING RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) 2. City Council Resolution No2011-089APPROVING a Parking In-Lieu Fee Participation Agreement between the City Council and 3044 State Street LLC (property owner). 3. Parking In-Lieu Fee participation agreement. 4. Planning Commission Staff Report dated March 16, 2011. 5. Planning Commission Resolution Nos. 6767, 6768, and 6769 recommending APPROVAL of RP 05- 10(A)/CT 05-20(A)/CDP 05-42(A). 6. Planning Commission Minutes dated March 16, 2011. 1 CITY COUNCIL RESOLUTION NO. 2011-088 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A MAJOR REVIEW (REDEVELOPMENT) PERMIT AMENDMENT RP 05-1OA, TENTATIVE 4 TRACT MAP AMENDMENT CT 05-20A, AND COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 05-42A TO ALLOW 5 THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF NINE (9) CONDOMINIUM UNITS AND 1,155 6 SQUARE FEET OF COMMERCIAL/RETIAL SPACE AND SUBDIVIDE .28 ACRES ON THE PROPERTY LOCATED AT 3044 STATE STREET 7 IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.8 APPLICANT: ROBERT RICHARDSON 9 CASE NO: RP 05-10f AVCT OS-20f AVCDP 05-42(A) WHEREAS, on March 16, 2011, the City of Carlsbad Planning Commission held a duly noticed 11 public hearing to consider a Major Review (Redevelopment) Permit Amendment RP 05-10(A), Tentative 12 Tract Map Amendment CT 05-20(A), and Coastal Development Permit Amendment CDP 05-42(A) for 13 the construction of mixed-use development project consisting of nine (9) condominium units and 1,150 14 square feet of retail space on the property located at 3044 State Street, and adopted Planning Commission Resolutions No. 6767, 6768, and 6769 recommending to the City Council that Major Review16 17 (Redevelopment) Permit Amendment RP 05-1 OA, Tentative Tract Map Amendment CT 05-20A, and i Q Coastal Development Permit Amendment CDP 05-42A be approved; and j 9 WHEREAS, the City Council of the City of Carlsbad, on the date of this resolution held a duly 20 noticed public hearing to consider the recommendation and heard all persons interested in or opposed to 21 Major Review (Redevelopment) Permit Amendment RP 05-10(A), Tentative Tract Map CT 05-20(A), 22 and Coastal Development Permit CDP 05-42(A); and 23 WHEREAS, the recommended Planning Commission approval includes findings granting participation in the Parking In-Lieu Fee Program for a maximum of four (4) commercial parking spaces 25 and standards modifications to reduce on-site residential guest parking by one space and reducing the 26 size of said on-site guest parking spaces; and 27 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to 28 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 2 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 4 Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has 5 no habitat value and is served by adequate facilities. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 7 California as follows: 8 1. That the foregoing recitations are true and correct. , P. 2. That Major Review (Redevelopment) Permit Amendment RP 04-24(A), Tentative Tract Map I j CT 05-20(A), and Coastal Development Permit CDP 05-42(A) are APPROVED and that the findings 12 and conditions of the Planning Commission contained in Resolution Nos. 6767, 6768, and 6769 on file in 13 the City Clerk's office and incorporated herein by reference are the findings and conditions of the City 14 Council.. 15 3. That the City Council of the City of Carlsbad has reviewed, analyzed and considered the environmental determination for this project and any comments thereon. The City Council finds that: (a) The project is consistent with the applicable general plan designation and all 1 8 applicable general plan policies as well as with applicable zoning designation and 19 regulations; 20 (b) The proposed development occurs within city limits on a project site of no more than 21 five acres and is substantially surrounded by urban uses; 22 (c) The project site has no value as habitat for endangered, rare or threatened species; 23 (d) Approval of the project would not result in any significant effects relating to traffic, ~- noise, air quality, or water quality; and 2<: (e) The site can be adequately served by all required utilities and public services. 27 The City Council finds that the environmental determination reflects the independent 28 judgment of the City Council of the City of Carlsbad. CC RESO NO. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That this action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, 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 judicial 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 records of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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/her attorney of record, if he/she 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 California, 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of May 2011, by the following vote to wit: AYES: Council Members Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: Council Member Hall. MATT HALL,(j\£3yor ATTEST: LOkRATNB (SEAL) r' • ' ' \ f •i..v j "•• u i': ••-- CITY COUNCIL RESOLUTION NO. 2011-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND 3044 STATE STREET LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS STATE STREET MIXED-USE AT 3044 STATE STREET, APN: 203-297-04, IN DISTRICT 1 OF THE VILLAGE REVIEW ZONE. APPLICANT: ROBERT RICHARDSON CASE NO: RP05-10(A) 9 WHEREAS, as a condition of approval of Major Review (Redevelopment) Permit 05- 10 10(A), the Property Owner is required to enter into an agreement with the City Council to allow the Property Owner to participate in the Village Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirement for the subject project; and 14 WHEREAS, the Property Owner has agreed, by acceptance of the conditions of said 15 approval, to pay the established Parking In-Lieu Fee for a total of four (4) commercial parking spaces to satisfy a portion of the on-site parking requirement for the mixed-use project to be 1 7 located at 3044 State Street within District 1 of the Village Review Zone; and 18 WHEREAS, the Council finds that the subject property and project has qualified to 19 participate in the Village Parking In-Lieu Fee Program and participation in the program will 20 satisfy a maximum of four (4) of the required commercial parking spaces for the subject project 21 on the noted property at 3044 State Street; and 22 WHEREAS, the Council has previously determined that the proposed project is consistent jifj with the goals and objectives of the Village Master Plan and Design Manual; and 25 WHEREAS, the Council has previously determined that there is adequate public parking 26 available within the Village Area to accommodate a portion of the subject project's parking 27 CC RESO NO. demands and that the average utilization rate for all public parking lots according to the most recent parking study is 59%, which is below the full utilization rate of 85%; and 3 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 4 this Parking In-Lieu Fee Participation Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of 6 Carlsbad, California as follows: 7 1. That the foregoing recitations are true and correct. 9 2. That the City Council hereby approves the Village Parking In-Lieu Fee Participation 10 Agreement between the Council, on behalf of the City of Carlsbad, and 3044 State 11 Street LLC, property owner of the project known as the State Street Mixed-Use which 12 is located at 3044 State Street, in the District 1 of the Village Review Zone of the City 13 of Carlsbad. 14 3. That the Mayor of the City of Carlsbad is hereby authorized to execute said 15 Agreement, and the City Clerk is requested to forward the executed Agreement to the 16 County Recorder for recordation against the subject property. 17 " 18 19 20 21 22 23 24 25 26 27 CC RESO NO.28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of May 2011, by the following vote to wit: AYES: Council Members Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: Council Member Hall. MATT HALL, ATTEST: (SEAL) v\\»«"'"/,,4^°%",c ^Vo^YV'-C- RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this of />)A^- 201 1 , by and between the CITY OF CARLSBAD, a municipal corporation of tfle State of California (hereinafter referred to as "City"), and 3044 State Street LLC, (hereinafter referred to as "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 3044 State Street (APN: 203-297-04) in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Major Review Permit (RP 05-1 OA), which provides conditional approval of a mixed-use development consisting of nine (9) condominium units and 1,155 square feet of retail space ("Project"). B. Condition No. 28 of Planning Commission Resolution No. 6767 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Major Review Permit No. 05-1 0(A) for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of four (4) parking space(s) which in effect purchases a parking credit from the City of Carlsbad. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Major Review Permit No. 05-1 0(A) to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing four (4) on-site parking spaces for the Project covered by Major Review Permit No. 05-1 0(A) by reason of City Council approval of Major Review Permit No. 4/13/11 05-10(A), including Condition No. 28 listed in Planning Commission Resolution No. 6767. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four (4) parking spaces as established by the City Council, and, as required by Condition No. 28 of Planning Commission Resolution No. 6767. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Review zone, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Council has approved Major Review Permit 05-10(A) conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of four (4) parking spaces. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 28 of Planning Commission Resolution No. 6767. Such failure will allow the Council and/or City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carlsbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expenses and attorneys' fees) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participant's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 4/13/11 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Housing and Neighborhood Services Department Attn: Housing & Neighborhood Services Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE PROGRAM PARTICIPANT: 3044 State Street LLC 300 Carlsbad Village Dr. #108A Carlsbad. CA 92008 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the four (4) parking spaces for the Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the Project as described in Attachment A to this Agreement. 9. JURISDICTION Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. 4/13/11 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT 3044 STATE STREET LLC CITY OF CARLSBAD, a municipal corporation of the State of California By'—ZLC (Sign Here) (Print Name/Title) By:. (Sign Here) (Print Name/Title) (Proper notarial acknowledgment of execution by Program Participant must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Jane Jvlobaldi, Assistant City Attorney 4/13/11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of before me, (HereMisert name and title otihe officer) personally appeared (^U JfJl who proved to me on the basis of satisfactory evidence to be the person(b) whose name(^ is/jfce subscribed to the within instrument and acknowledged to me that hWshe/they executed the same in rris/her/fheit. authorized capacityftes)* and that by rnVher/tfibi^signaturefc} on the instrument the personlX), or the entity upon behalf of which the person{>) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \ SigrhrtuVe of Notary' Purjffc (Notary S MORGENFRV Commission # 1918442 Notary Public - California San Diego County My Comm, Expires Dec 24.2014 + ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY TH^SIGNER HH Individual (s) CD Corporate Offic CH Partpefs) CH ^Mtorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary secnprtor a separate acknowledgment form must be properly completed and attqgrted to that document. The only exception is if a document is to be recordpa outside of California. 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If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document 2008 Version CAPA v!2 10.07 800-873-9865 www Nolan/Classes com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California c County of _^ On personally appeared Namefs) ol Signer^s! JENNIFER LYNDON P Commission # 1866902 I Notary Public - California 1 San Diego County g Comm. Expires Oct 2. 2013 \ who proved to me on the basis oLsatisfactory evidence to be the person^sjwhose name(^is)'^p subscribed to the wit^tw instrument and acknowledged to me that nts^^the^executed the sarnain'f\r^&j'/th^ir authorized capacity(ie^, and that by hi^j^thsi^ signature^on the instrument the person^ or the entity upon behalf of which the person(^vacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Though the information below fe not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: In Signer(s) Other Than Named Above: V Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General RIGKTTHUMBPRIMTI OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General RIGHTTHUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association• 9350 De Solo Ave., RO.Box 2402'Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3044 State Street Assessor Parcel No.: 203-297-04 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, December 9,1919. 4/13/11 EXHIBIT 4 The City of Carlsbad Housing and Neighborhood Services uepai uneiu A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: March 16,2011 Application complete date: September 23, 2010 Project Planner: Austin Silva Project Engineer: Frank Jimeno SUBJECT: RP 05-10(AVCT 05-20(AVCDP 05-42(A) - STATE STREET MIXED USE - Request for a recommendation of approval of amendments to a Major Review (Redevelopment) Permit, Tentative Tract Map and Coastal Development Permit to allow the construction of a mixed-use development project consisting of nine (9) condominium units and 1,155 square feet of commercial/retail space on the property located at 3044 State Street in Land Use District 1 of the Village Review Zone. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6767, 6768, and 6769 RECOMMENDING APPROVAL of RP 05-10(A), CT 05-20(A), CDP 05-42(A) to the City Council based on the findings and subject to the conditions contained therein. II. INTRODUCTION Pursuant to Section 21.35.080 of the Carlsbad Municipal Code, new construction of a building within the Village Area that has a building permit valuation greater than $150,000 requires approval of a Major Review Permit and any subsequent amendments. This Major Review Permit serves as the Site Development Plan required by Chapter 21.53 of the Carlsbad Municipal Code. The project also involves an amendment to the Tentative Tract Map for separate ownership of the residential units as well as an amendment to the Coastal Development Permit because the project is located in the Village segment of the Coastal Zone. In accordance with Major Review Permit procedures, the amendments to the three permits are being brought forward for a recommendation by the Planning Commission and will be submitted for final approval by the City Council. The amendment to the original project approval includes an addition of three (3) units increasing the amount of total units from six (6) to nine (9). hi addition, the applicant is requesting to decrease the size of the commercial/retail space from 1,875 square feet to 1,150 square feet, and is requesting a standard modification for parking standards. There are no unresolved issues and staffs recommendation of approval of the amendments with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND Project Background The project was originally approved by the Housing and Redevelopment Commission on August 15, 2006. The original project approval allows for six (6) large residential condominium units with 1,859 square feet of commercial/retail space. Subsequent to this project approval, the Housing and Redevelopment Commission approved revisions to development standards in the RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) - STATE STREET MIXED USE March 16,201! PAGE 2 Village area. One of those revisions was an increase to the maximum allowable density from 23 units per acre to 35 units per acre for the land use district within which the property for this project is located. As a result of changes in the housing market and the noted change to the development standards, the applicant is requesting to amend the noted development permits to 1) add three (3) residential units; 2) decrease the size of the residential units to make them more marketable in the current housing market; and 3) to decrease the square footage for the retail space. With approval of the proposed amendment, the residential density for the project will increase from 21.4 units to 32.1 units per acre. The residential units ranged in size from 1,922 square feet to 2,387 square feet in the original approval. The current proposal has the units ranging irom 1,200 square feet to 2,200 square feet. The retail space has decreased in size from 1,875 square feet to 1,155 square feet. Project Site/Settine The project is located at 3044 State Street on the east side of the street, south of Carlsbad Village Drive, and north of Oak Avenue in District 1 of the Village Review zone as shown on the attached location map. The subject property totals 12,199 square feet containing seven residential cottages, all of which are proposed for demolition to accommodate the new building. The site is bordered by a one-story commercial building across the alley to the north, a public parking lot across State Street to the west, a one-story commercial building to the south, and an auto repair shop is located across the alley to the east, Proposed Construction The applicant is proposing to construct a new three-story, 19,365 square foot mixed-use building consisting of nine (9) condominium units and 1,155 square feet of commercial space. The three- story building consists of two stories of residential condominiums located over garages and street fronting commercial space. There are nine (9) units total varying in size from 1,200 square feet to 2,200 square feet. To reduce the massing instead of having one large building on the site, the project is separated into two buildings by a motor court. The two buildings are connected on the second floor by a tiled patio deck with a water fountain, benches, barbeques, tables, chairs, and potted plants for residents to enjoy an outdoor common area. Solar panels will be located on the roof alongside mechanical equipment and also on the west side of the buildings on the pitched portion of the roof. The solar panels will assist in providing on-site renewable energy and to achieve the LEED silver certification. The building takes on a California/Mediterranean architectural theme with the use of beige and light brown stucco with dark brown trim, tile roofs, stone veneer and upper floor balconies. Large windows are used for the retail space to increase the visibility of merchandise along the storefronts on State Street. The residential portion of the building above on the upper floors continue the architectural design by incorporating decorative canvas awnings, various sized and shaped multi-paned windows, and wrought iron or glass railings are used on the balconies. The second floor is setback along State Street, to help reduce the massing of the building and to make the retail space the predominate feature. Residential parking garages are screened from public view as six (6) of the garages are located within a motor court and three (3) are located at the rear of the lot with access off the alley, Proposed Grading Cut: 507 CY Fill: 186 CY Export: 321 CY fL, RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) - STATE STREET MIXED USE March 16,2011 PAGE 3 Impact on Coastal Resources The proposal consists of a mixed-use development in an area that is currently developed; no agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite; and the development does not obstruct views of the coastline as seen from public lands or public right-of-ways or otherwise damage the visual beauty of the Coastal Zone. IV. ANALYSIS The proposed project amendments are subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use designation; and B. Village Review Zone (CMC Chapter 21.35), District 1 (Village Master Plan and Design Manual); and C. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual); and D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management Ordinance (Chapter 21,90 of the Zoning Ordinance) and Zone 1 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulation and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use designation The Carlsbad General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides for a mix of multi-family residential and commercial/retail uses in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential and commercial/retail opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the new residents an opportunity to walk to shopping, recreation, and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project n RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) - STATE STREET MIXED USE March 16, 2011 PAGE4 will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets. Overall, the new residential units will enhance the Village as a place for living and working. B. Village Review Zone (CMC Chapter 21.35), District 1 (Village Master Plan and Design Manual) The proposed project meets the goals that have been identified in the Village Master Plan and Design Manual by providing new construction of a mixed-use project in the core of the Village. The specific development standards for new development within Land Use District 1 are as follows: Building Setbacks The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 1, there are no side or rear setback requirements. The front yard setback requirement for the ground floor is zero feel, with a 10 foot average setback for the second floor and above. All setbacks are measured from property lines. Within the proposed project, the front yard setback for the ground floor of the building is zero feet, however, the second and third floor maintain the required 10 foot setback. The south side yard has a 3'8" setback and the north side yard is set back 4'11". The rear of the building is located 5' from the property line. All of the setback requirements are met. Building Coverage All projects in Land Use District 1 may have up to 100 % building coverage. For the proposed project, the building coverage is 60%. Building Height The maximum building height limit for Land Use District 1 is 45 feet. A building height of 38' feet is proposed. Therefore, the building height is in compliance with the standard set forth in the Village Master Plan and Design Manual. Roof Pitch All projects in Land Use District 1 are required to have a 5:12 roof pitch on 50% of the total roof structure. The roof for the proposed project incorporates a 5:12 pitch on the entire roof structure, which ensures its compliance with the applicable development standard. Open Space A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Per the Village Master Plan and Design Manual, open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, and/or patios. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the sides and rear of the building, the common patio/deck, and private balconies on the second and third floor. The project provides for a total of 4,595 square feet of open space, which represents 37.6% of the site and is consistent with the open space requirement. RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) - STATE STREET MIXED USE March 16,2011 PAGE 5 The parking requirement for the multi-family portion of the project is two standard spaces (1 covered) per unit and '/z guest parking space per unit for a total of 23 parking spaces. The parking requirement for the commercial/retail portion of the project is 1 parking space per 300 square feet of net floor area, or 4 parking spaces. As a result, the total parking requirement for the 9 proposed residential units and 1,155 square feet of retail is 27 parking spaces. The project provides 18 resident spaces through individual garages and 4 guest parking spaces along the north side of the building. The applicant is requesting to participate in the Parking-In-Lieu Fee program for the 4 required commercial/retail spaces for a total fee of $44,960 ($ 11,240/space), which was determined to be acceptable in the original approval. The proposed parking is 26 parking spaces total, with 22 provided on site and 4 provided through payment of the parking in- lieu fee. The applicant is requesting a standards modification to waive the requirement for one of the residential guest parking spaces, and to reduce the size of the guest parking spaces from a dimension of 8.5' x 20' to 8.5' x 13', The chart below summarizes the requirements and the proposal to comply with the parking standards. TABLE 1 - PARKING COMPLIANCE Land Use/Parking Standard Residential - Condominiums 2 spaces per unit & .5 space per unit for guests Retail/Commercial 1 space per 300 square feet of net floor space Required Parking 23 total 4 total Proposed Parking 22 total (on-site garages/spaces) 4 total (parking in-15eu fee) Comments Applicant requesting modification to eliminate one guest space & reduce size of guest spaces Project eligible to participate in parking in-lieu fee program Standards Modification: The Village Master Plan and Design Manual allows the City Council to approve development standard modifications where the applicant can provide acceptable evidence that a requested development standard modification is necessary in order for silver level or higher LEED (Leadership in Energy & Environmental Design) Certification, or a comparable green building rating, and to maintain the financial feasibility of the development with such certification. Standards modifications are also permitted for projects which assist the City in meeting the goals and objectives set forth with the Village Master Plan and Design Manual. The applicant has indicated that the proposed project will be achieving the silver level of LEED certification. In order to achieve the silver level LEED certification, a project must receive 50- 59 points out of a possible 110 points on the LEED project checklist (see attached assessment). Some features that the project will use to achieve the certification include public transportation access, parking and electrical charging for low-emitting and fuel-efficient vehicles, water use reduction, on-site renewable energy, re-use of materials, and the use of regional materials and low-emitting materials. RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) ~ STATE STREET MIXED USE March 16,2011 PAGE 6 The applicant's request for a development standards modification includes a reduction from 5 guest parking spaces to 4 spaces. The applicant is proposing 4 guest parking spaces that are intended for "smart cars" instead of the required 5 guest spaces. This request supports the project for LEED certification by providing parking for fuel-efficient vehicles, and assists in the effort to construct a mixed-use development that meets the goals and objectives for the Village. The close proximity of the project to public transportation (approximately 1,000 feet from the Carlsbad Village Coaster and Bus Transfer Station) and public parking (approximately 100 feet across the street) ensures that the parking to be provided on-site will be adequate. In previous discussions with the City Council on the standards modifications, the Council indicated its willingness to consider reductions in parking requirements for residential and other uses on a case-by-case basis. This project will help pay for public parking through the in-lieu fee. Residential projects are not eligible to pay the in-lieu fee. Therefore, the applicant has requested a standards modification to reduce the guest parking requirement by 1 space. Staff is supportive of the parking reduction of one space for the guest parking. The applicant is also requesting a standards modification to allow for smaller guest parking spaces, which will accommodate the "smart car" or other smaller fuel-efficient cars. The proposed guest parking spaces are 8.5 feet wide by 13.5 long instead of the standard 8.5 feet wide by 20 feet long. Staff is supportive of this reduced size on the guest parking spaces in order to accommodate the "smart car" and/or encourage parking by other smaller more fuel-efficient vehicles. With adequate public parking provided across the street from the proposed project, there is available parking for larger vehicles or other guest parking needs. These residential guest parking spaces will be required at commercial off-peak times. A semi-annual parking study is conducted for public parking lots within the Village. Parking Lot C is located directly across State Street and has exhibited at decline in peak (56%) and average (44%) occupancy. Therefore, staff believes that there is adequate parking in the area to allow for the proposed standards modification. Residential Density: The maximum density for residential development in District 1 is 35 dwelling units per acre. With 9 units proposed on a .28 acre lot, the project has a density of 32.1 units per acre. The proposed project complies with the density set forth for the property. C. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual) The site for the proposed project is located within the Village Segment of the Coastal Zone. Consistency with the Village Local Coastal Program is required for this project. The Village Master Plan and Design Manual functions as the Local Coastal Program for the Village area. Therefore, as long as the project is consistent with the Village Master Plan and Design Manual, the project is consistent with the Local Coastal Program, Staff finds the proposed project to be consistent with the Village Master Plan and Design Manual and therefore the Local Coastal Program as discussed in the prior section. An amendment to the previously approved Coastal Development Permit is being processed concurrently with the Review Permit. D. Inclusionary Housing Ordinance (CMC Chapter 21.85) The proposed project involves the construction of nine residential units and therefore, must provide affordable housing to low-income households as specified in the Inclusionary Housing RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) March 16,2011 PAGE? STATE STREET MIXED USE Ordinance (Chapter 21.85 of the Zoning Ordinance). For residential development of seven or more units, not less than fifteen percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. The applicant has been conditioned to satisfy the inclusionary housing requirement by entering into an Affordable Housing Agreement to provide one (1) affordable housing unit on site. By entering into the agreement prior to final map, the State Street Mixed-Use development is providing its fair share of housing affordable to lower income households, and is therefore consistent with the Inclusionary Housing Ordinance. E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 1 Local Facilities Management Plan The project is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The project's conformance with the requirements of the Growth Management regulations is detailed in Table 2 below; TABLE 2 - GROWTH MANAGEMENT COMPLIANCE Standard City Administration Library Waste Water Treatment Park Drainage Circulation Fire School Districts (Carlsbad Unified) Sewer (Carlsbad) Water (Carlsbad) Impacts/Standards 31.29 16.69 10 .06 1 Basin B 119 Station 1 Elementary - 1 .54 Middle School - .76 High School - .66 10EDU Sub basin IF 2516GPD The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The construction of a 9 unit mixed-use development will not have an adverse impact on public facilities. v- ENVIRONMENTAL REVIEW The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to section 15332 of the State CEQA Guidelines as an in-fill project. A Notice of Exemption will be filed by the Planning Director upon project approval, ATTACHMENTS: 1. 9 Planning Commission Resolution No. 6767 (RP) Planning Commission Resolution No. 6768 (CT) RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) - STATE STREET MIXED USE March 16,2011 PAGE 8 3. Planning Commission Resolution No. 6769 (CDP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement 8. LEED Project Checklist 9. Map of Public Parking in the Village 10. Reduced Exhibits 11. Exhibits "A-P" CD SITE STATE STREET MIXED-USE RP 05-10A/CDP 05-42A/CT 05-20A BACKGROUND DATA SHEET CASE NO: RP OS-lOfAVCT 05-20(A)/CDP OS-42(A) CASE NAME: STATE STREET MIXED USE APPLICANT: Robert Richardson REQUEST AND LOCATION: To allow the construction of a mixed-use development consisting: of nine (9) condominium units and 1.155 square Feet of commercial/retail space on the property located at 3044 State Street. LEGAL DESCRIPTION: Lots 13 and 14 in Subdivision of a portion of Tract 106. Carlsbad Lands, in the City .of. Carlsbad, County of San Diego, State of California, according to map thereof No. 1710. filed in the office of the County Recorder of San Diego County, December 9. 1919, APN: 203-297-04 Acres: .28 Proposed No. of Lots/Units: 9 GENERAL PLAN AND ZONING Existing Land Use Designation: V (Village) Proposed Land Use Designation: V (Village) Density Allowed: 35 du/ac Density Proposed: 32.1 du/ac Existing Zone: VR (Village Review) Proposed Zone: VR (Village Review) Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South East West VR (Village Review) VR (Village Review) VR (Village Review) VR (Village Review) VR (Village Review) V (Village) V (Village) V (Village) V (Village) V (Village) Residential Commercial Commercial Commercial Public Parking Lot LOCAL COASTAL PROGRAM Coastal Zone: PR] Yes [~1 No Local Coastal Program Segment: Village Within Appeal Jurisdiction: Q Yes [X] No Coastal Development Permit: £<] Yes [3 No Local Coastal Program Amendment: C] Yes §Z\ No Existing LCP Land Use Designation: Mixed-Use Proposed LCP Land Use Designation: Mixed-Use Existing LCP Zone: VR Proposed LCP Zone: VR Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 9 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Section 15332 fin-fill development project on less than 5 acres Negative Declaration, issued [~1 Certified Environmental Impact Report, dated, D Other, . Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: State Street Mixed-Use - RP OS-1Q(AVCT 05-2WAVCDP 05-42(A) LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: V ZONING: VR (Village Review) DEVELOPER'S NAME: State Street. LLC ADDRESS: PO BOX 126. Carlsbad. CA 92008 PHONE NO.: 760-497-1975 ASSESSOR'S PARCEL NO.: 203-297-04 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 28 ac/19,365 sq. ft./9 difs ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = 31.29 B. Library: Demand in Square Footage = 16.69 C. Wastewater Treatment Capacity (Calculate with J. Sewer) JO D. Park: Demand in Acreage = .06 E. Drainage: Demand in CFS = 1 Identify Drainage Basin = Basin B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 119 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = J H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified Elementary: 1.54 Junior High: .76 High School: .66 J. Sewer: , Demands in EDU 10 Identify Sub Basin = IF (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD= 2516 City of Carlsbad..... »•» _.,.,.. ,..., •^•maBBiHM^«*^MM»*«M»"WCM»lWMM»'IMMBMfflll^^^»^M^^«^^^M^^»M^«^Housing & Redevelopment Department DISCLOSURE STATEMENT Applicant's stalcmcnt or disclosure of certain ownership interests cm all applications which wiiJ require discretionary action on the part of the City Council or any appointed Board, Commission or Conunitlcc. The following information MUST be disclosed at the dine of application subraittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined »» "Any individual, linn, co-partnership, joint venture, association, toci*! club, fraternal organization, corporation, estate, trust, receiver, syndicate, in ihij sod any other county, city and county, city municipality, district or other politics) subdivision or any other group or combination acting ss a unit." Agtnts may sign this document; however, the legal name and entity of ibe applicant and property owner must be provided below. 1. APPLICANT (Not tlic applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, lilies, and addresses of the corporate officers. (A separate page may be attached if necessary.) »„__ Robert Richardson Corn/Part Karnak Planning and Design Tilte Owner Title Address.Address 2802 State Street Suite C Carlsbad CA 92008 OWNER {Not the owner's agcnl) Provide the COMPLETE, LKGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the IcgaJ ownership (i.e. partnersliip, tenants in common, non-profit, corporation, etc.). If llx: ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly. owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title John Simons Owner AddrcsS Corp/Part_ Title Partners Address 3044 Stnta Street LLC Carlsbad CA 92008 2065 Roosevett St., Ste, B • Carlsbad, CA 92008-2389 • (760) 434-2B1O/2811 • FAX f760) 72O-2O37 J.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trusj. list the names and addresses of ANY person' serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Tide Title ; Address. Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? {_] Yes p^jJSo If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge./^fi/{/L '//A"Signatitfe of, ojscner/datc-i n \,// <r,i/f £//L&J~ i--'v'- Signature of applicant/dateiV?/:;;. n,-ts>,'W>i~'" -•*- ' ~ -' ^ & /2,_ Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent Dorua Q rtf 0 LEED 2009 for New Construction and Major Renovations Project Checklist 13]~~J Sustainable Sites Possible Points: 26 Y 4 1 3 1 1 1 1 1 Prereq 1 Credit 1 Credit 2 Credit 3 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5.1 Credit 5.2 Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8 Construction Activity Pollution Prevention Site Selection 1 Development Density and Community Connectivity 5 Brownfield Redevelopment 1 Alternative Transportation—Public Transportation Access 6 Alternative Transportation-Bicycle Storage and Changing Rooms 1 Alternative Transportation-Low-Emitting and Fuel-Efficient Vehicles 3 Alternative Transportation-Parking Capacity Site Development-Protect or Restore Habitat Site Development-Maximize Open Space Stormwater Design-Quantity Control Stormwater Design-Quality Control Heat Island Effect-Non-roof Heat Island Effect-Roof Light Pollution Reduction ] Water Efficiency Water Use Reduction-20% Reduction Water Efficient Landscaping I nnovative Wastewater Technologies Water Use Reduction Energy and Atmosphere 2 1 1 1 1 1 1 1 Possible Points: 10 2 to 4 2 2 to 4 Possible Points: 35 Y Y Y 7 4 2 Prereq 1 Fundamental Commissioning of Building Energy Systems Prereq 2 Minimum Energy Performance Prereq 3 Fundamental Refrigerant Management Credit 1 Optimize Energy Performance credit 2 On-Site Renewable Energy credit 3 Enhanced Commissioning Credit 4 Enhanced Refrigerant Management credit 5 Measurement and Verification credit 6 Green Power Materials and Resources Possible Points: Storage and Collection of Recyclables Building Reuse-Maintain Existing Walls, Floors, and Roof Building Reuse—Maintain 50% of Interior Non-Structural Elements Construction Waste Management Materials Reuse Materials and Resources, Continued Recycled Content Regional Materials Rapidly Renewable Materials Certified Wood ]Indoor Environmental Quality 3044 State Street letdject Name 9 Unit Mixed Use Project 0^e Carlsbad, Ca 92008 9/14/10- 1 to 2 1 to 2 1 1 Possible Points: 15 Y Y 1 1 1 1 1 1 Prereq 1 Minimum Indoor Air Quality Performance Prereq 2 Environmental Tobacco Smoke (ETS) Control credit 1 Outdoor Air Delivery Monitoring 1 credit 2 Increased Ventilation 1 credit 3.1 Construction IAQ Management Plan—During Construction 1 credit 3.2 Construction IAQ Management Plan—Before Occupancy 1 credit 4.1 Low-Emitting Materials-Adhesives and Sealants 1 credit 4.2 Low-Emitting Materials—Paints and Coatings 1 Credit 4.3 Low-Emitting Materials—Flooring Systems 1 credit 4.4 Low-Emitting Materials—Composite Wood and Agrifiber Products 1 credit 5 Indoor Chemical and Pollutant Source Control 1 credit 6.1 Controllability of Systems—Lighting 1 credit 6.2 Controllability of Systems—Thermal Comfort 1 credit 7.1 Thermal Comfort-Design 1 Credit 7.2 Thermal Comfort—Verification 1 credit 8.1 Daylight and Views—Daylight 1 credit a.2 Daylight and Views—Views 1 ] Innovation and Design Process Credit 1.1 Credit 1.2 Credit 1.3 Credit 1.4 Credit 1.5 Credit 2 Innovation in Design: Specific Title Innovation in Design: Specific Title Innovation in Design: Specific Title Innovation in Design: Specific Title Innovation in Design: Specific Title LEED Accredited Professional Regional Priority Credits credit 1.1 Regional Priority: Specific Credit credit 1.2 Regional Priority: Specific Credit credit 1.3 Regional Priority: Specific Credit credit 1.4 Regional Priority: Specific Credit JTotal Possible Points: 6 1 1 1 1 1 1 Possible Points: 4 1 1 1 1 Possible Points: 110 Certified 40 to 49 pcmts Silver 50 to 59 points Gold 60 to 79 points Platinum 80 to 1 J:\Reqdests2010Plus\ComEconDev\Pla Village Public Parking Lots PROJECT SITE Existing Site Conditions CirrenDy thar« an Sevan small, singta famlv. one story bungalows on this property To the west, north and a portion of the «stthe btiWingsare ret ail storms or customer crierled service busiiessas. These corrmercial build ngs consist of a combination of antique shops, dry dean er. iBstaurants, auto repair and hair sabns with a fow specialy busti asses such asagularstora. The balanceof the east side and thesoufr skJe is older singlefamly residences. ° \ •ROJECT SITE VICINITY MAP STATE STREET MIXED USE 3044 STATE STREET CARLSBAD, CALIFORNIA 92008 RP05-10A CDP05-42A CT 05-20 A SHEET INDEX AlV ElRSr* REQUIRED REVIEWS AND PERM ITS Tenatue Tract MapCostal Development Permit FIRE NOTES NO i-111-1-1 ,-VINMLW REQJHEO FIRE FLOW AND FLDW ABEV1S6LEFHOM STATE STREET. THE REARALLEV AND CRIME PREVENTION DESIGN CRITERIA ONSULTANT INFORMATION RCH tTECT /PLANNING. CIVIL ENGINEER SERVICE UTILITY GENERAL NOTES hC COMPLETION TAKE PRECEDE ALITOMAT1C THE ALARM SYSTEM AS TWSPROjeCTISNOriNANOISECBIT (Ct«l CON TOl«CT BO«|AS SHOWN PROJECT DATA APPLICANT /O OWNER: CARLSBAD. CA 32006 CONTACT JOHJ SI MOMS PROJECT ADDRESS ASSESSORS PARCEL NUMBER PROJECT DESCRIPTION. Unts GaragesSeccndFtoc* Units Thrd floor Ur«BGffmd Total BUIding 11SS sq.n1304 sq.1t 4069 sq.n. «54 sq.ft SITE DATA * fe clMriy unthratood that th* project wtll provide trw net* wary report*, ptanaand *p*ctflcatk>n*lo meat lha adopted SVMMPmodltcatiorH and incorporation of hydromodtflcation raquirwrwnti for all projacta that have not yet bafiHigrading of oonMruclon acttvttia* bafont January 15,2011. Th> pl»n*«nd report* urtllneorponl* tiydrorrwdHkaOoiin m»»*ur«» M r*qulr«dby >r*v4sod SUSMP that wril 1 1» pub Wwd prior to that date. This work wil be provide by thedvt\ •nglrwar complef ng •>• final improvement pla.ni and grading plans.Kamak Planning & Designobert Rtflardson, Planner • Jrn Roaertisb, ArchitectState Street. Suite C, Carlsbad, CA 9State Street3044 StateCarlsbad, Califor3044 State Street LLC Co539 Carlsbad Villags Drive ,Cover sheet Sheet C1.0 — — — — / — / — — — — — Existing Tyler Street Alley© . We lave selected pbrf material HalaidpH need vary Mqvieter.is establsned it wil be drought tolerant he Irrigation system Ml be a drip irrgation system that mil! be corrected to neslof the SWMP anaUsis to include iocorpcralbn of eqiJrements I 3 Thetiarvest ramsystefito indudea conpirta gutter system, with screens, leaf eatw rain bead, air gap bad*flow preveirton, slow release vakes, Hist Hush water di 3tor fltraBon syswn and indeiground storage tar*. Bar screen systim Mill keep the wdarrrom getting putrid andetrninatetobreedlnghatjts. 5 We are considanngth^ us» a an Ecorain stotage tank ante paviigor a brge pvc pipe tank system. Site Plan r = W Setback •(-— ® -©• RP05-10 A CDP05^t2A CT 05-20 A First Floor Plan 1/8"=r-0"Second Floor Plan 1/8"=r-0" 18' high x 1/4- thick glan sound b*rrter Invl »lumlnum deck rail>yrtemboHcdo!4r hlghituccodKkrril wilforhdgttof6(Tp«rAcom*fcR«port . - 5* os 5 Q ' I H Is <D T: £ -S*- BJ 3 IT03 Q « ™55 ss Floor Plans Sheet A1.0 © © RPQ5-10 A CDP05^2A CT 05-20 A KEYNOTES QlHVAC SHAFT FOR RETAIL SPACE CIm HVAC SHAFT FOR RETAIL SPACE «2fT] WATER HEATERQJ MECHANICAL EQUIPMENT __ RESIDENTIALPHo DSDOWNSPIUTm HIGH POINT BREAK IN GUTTER FLOW GQE2EJ FLAT RCOF-PITCH1£; 12 TYPICALDQ ALUMINUM SEAMLESSGUTTERSQ3 ROOF MATERIAL: EAGLE ROOFTT SOLAR PANEL IN ROOFQ3 SOLAR PANEL ON FLAT ROOF13 ROOF MOUNTED AC UNIT 03 AC UNIT FOR COMMERCIAL SPACE Third Floor Plan 1/8"=1'-0" -high* 1/4- thick gta*s *ound b«rrt«r In :trud«j ilumlnumd*ck rail syslam boltadto top oT42-high stucco d*ckrafl will fora total rwigrt of 6CT par Acoustic Report-irKtatlon 5:12 PITCH TYPICAL ALL ROOFS Roof Plan 1/8"=r-0" II § II I E c -• JC | |2 I s <o .1Cfl = ™13 « 15 ^ 8 is I I 0)ra ,3 Floor Plans A2.0 RP05-10 A CDP05-42A CT 05-20 A KEYNOTES @FINISH GRADE EXISTING GRADEAWN ING ABOVE RET AIL ^^ SHOW WINDOWmLIGI-mftEIGHT CONCRETE TLE ROOFING [J|RETAIL SPACE &vfff Building Cross Section 1/8'^r-O" ExMlng Gnd« Proposed Gf»d* ExMIng Grwto Proposed Grad* Building Longitudinal Section 1/8" = r-0" Si s« * -D" Q ^ "S «8 5 1I<S i I =a a $ fIi I i1 * m ~ m (i t ® WO 5 & I IJ2 o «•w s; Building Section A3.0 f of: UJ UNIT1 THIRD FLOOR 971 SQ. FT. Ol 'CHEN LH LIVING © SECOND FLOOR 1058 SQ.FT. 1/4" = r-0M RP05-10A CDP05-42A CT 05-20 A CABINETS AND COUNTERTOPS PRIVATE BALCONY / DECK CARPET AREA TIE/ VINYL FLOORfNG BATH I SHOWERLINEN CLOSET I I Garage | 20'x20' clr 1 2fl'-e - - © J STORAGE \^ TOTAL 2128 SQ.FT. FIRST FLOOR 122 SQ.FT. 1 5 i ! li!!I IsB U5 Unitl Floor Plans A5.0 UNIT 2 THIRD FLOOR 864 SQ.FT E] ca DECK SECOND FLOOR 946 SQ.FT. 1/4" = r-0" RP05-10A CDP05-42A CT 05-20 A ICABINETS AND COUNTERTOPST PRIVATE BALCONY / DECKHCARPET AREAJTILE I VINYL FLOORING JBATH / SHOWERG LINEN CLOSET TOTAL2128SQ.FT FIRST FLOOR 318 SQ.FT. oil " if * OSC » o> S i I ? t« I M 1"• S s Eall* 55 sf 11a 1 llra o »S Unit 2 Floor Plans Sheet A6.0 UNIT 3 THIRD FLOOR 768 SQ.FT. SECOND FLOOR 840 SQ. FT. mrata m RP05-10A CDP05-42A CT 05-20 A HCABINETSAND COUNTERTOPSH PRIVATE BALCONY / DECK HcAR PET AREAnnLE i VINYL FLOORWGnBATH / SHOWER DUNEN CLOSET TOTAL 1768 SQ.FT FIRST FLOOR 161 SQ.FT. Sl<w) 5 Q a ! I1Q_ c "53 SQ) W 551 i aro Detail Sections at South Wall A7.0 UNIT 4 AND 7 REVERSED 0 DINING ROOM THIRD FLOOR 729 SQ.FT. (736-#7) SECOND FLOOR 659 SQ. FT. (684-#7) Garage 20'x20' clr #4 TOTAL 1534 SQ.FT. #7 TOTAL 1555 SQ.FT. FIRST FLOOR 147 SQ.FT. (135-#7) 1/4" = r-0" RP05-10A CDP05-42A CT 05-20 A D I -S 1«a s li i*<sl§1!*S I _- 8i!l|w f oj 83 I 5 II w 5 O o" s as i s is u^i wo 3 g Unit 4 Floor Plans A8.0 RP05-1 0 A CDP05-42A CT 05-20 A UNIT 5 AND 8 REVERSED THIRD FLOOR 566 SQ.FT. (576-#8) SECOND FLOOR 57° SO" FT- (556-#8) #5 TOTAL 1220 SQ.FT. #8 TOTAL 1224 SQ.FT. FIRST FLOOR 84 SQ.FT. (92-#8)ing & Desi• Jim Rosenlab, Arch§ 1 £1 1 03 .1in || ? I - i^il!— ss s I0 2 To o°0) too 3 S, *M"IjS 1«1CO o w Q55 Is UnitE Floor Plans Sheet A9.0 J; O UNIT 6 AND 9 REVERSED THIRD FLOOR 593 SQ.FT. (581-#9) ft- i EP'I® SECOND FLOOR 591 SQ. FT. (593-#9) 1/4" = r-O" RP05-10A CDP05-42A CT 05-20 A Garage 20'x20' clr - #6 TOTAL 1310 SQ.FT. #9 TOTAL 1255 SQ.FT FIRST FLOOR 125 SQ.FT. (121-#9) c S ^,o> 1 o •siloil "= 7 O g Is w Is Units Floor Plans A10.0 ~DP OF PARAPETii ^rsa^fct^w^vimg^j-jt j-a^'"f-'-.p^ .««„-«» d., lA^^-Aj.i'-A",;^. Motor Court West Elevation West (State St.) Elevation RP05-10 A CDP05-42A CT 05-20 A -'I STUCCO WALL FINISH2'. PRIVATE BALCONY D£C< "3 LKiHllMfclGHT COfKKblE IILfcKOOKT VINYI nnuBi ?-GI A7FC -nivmFF) JCHT WINDOWS '3 STONE VENEER WAINSCOT AND COLUMN 'IN1SH'3 ENTRY -Q COMMON GARAGE DRIVE AND PARKING 7 AWNIMG ABOVE RETAIL SPACE WMDCWS ,3 BUILDING RETAIL SIGNAGE 2 NEWSTREET POLE LAW PER CITY STANDARDS North Elevation 1/8" = 1'-0" c| ^ S I *0! -s £3 £*" I5! 1 |n a i sEg <o "•I «) S5 i 3 II m ?o S" "S S "a o 50) « o 2 gj w || | * 1 S s Motor Court, North & West Elevations A4.0 TOP D; PARAPE.T Motor Court East Elevation East Elevation 1/8" = 1'-0" South Elevation RP05-10A CDP05-42A CT 05-20 A 1 E-UCCO^ALL FINISH2 PRIVATE BALCONY DOX3 i LIGHTWEIGHT CONCRETE Tl _E ROOF4! VINYL DOUBLE-GLAZEC DivOEDI 1GHT" WINDOWS 6 : STONE VEN3ES WAJNSCOT ANDCOLUMN FINISH6 fchlTKY 10 COMMON (JAKAGtUKSVt AND P.1RK1NC7 : AWNING ABOVE DETAILSPACE WINDOWSS BUILDING RET AIL 5'GNAGE3; NEVV STREET POLE LAMPPER CITY S~AMDARDS .11 S 3 I 1 I CO i Motor Court, South & East Elevations Sheet A4.1 EXHIBITS PLANNING COMMISSION RESOLUTION NO. 6767 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW (REDEVELOPMENT) 4 PERMIT AMENDMENT RP 05-10A TO ALLOW THE CONSTRUCTION OF A MIXED USE DEVELOPMENT PROJECT CONSISTING OF NINE (9) CONDOMINIUM UNITS AND 1,155 6 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON PROPERTY GENERALLY LOCATED AT 3044 STATE STREET 7 IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: STATE STREET MIXED USE 9 CASE NO.: RP05-10(A) 10 WHEREAS, Karnak Planning and Design, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by 3044 State Street, LLC, "Owner," described as Assessor Parcel Number 203-297-04 , and more thoroughly described 13 as; 14 Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, 17 December 9,1919, 18 ("the Property"); and WHEREAS, said verified application constitutes a request for a Major Review 20 (Redevelopment) Permit Amendment as shown on Exhibits "A-T" dated March 16, 2011, on 21 file in the Housing and Neighborhood Services Department, RP 05-10(A) - STATE STREET 22 MIXED USE, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and £* O 24 WHEREAS, the Planning Commission did, on March 16, 2011 , hold a duly 25 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Major Review (Redevelopment) Permit Amendment. 27 1 WHEREAS, on August 15, 2006, the Housing and Redevelopment 2 Commission approved, "State Street Mixed-Use RP 05-10", as described and conditioned in -> Design Review Board Resolution No. 309. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL of RP 05-10(A) - STATE STREET MIXED USE, based on the following findings and subject to the 10 following conditions: Findings: 12 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of 14 environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to ,,- this project. 17 2. The Planning Commission finds that the project, as conditioned herein and with the findings contained herein to grant the standards modifications, is consistent with the goals and 18 objectives set forth within the Village Master Plan and Design Manual based on the facts set forth in the staff report dated March 16, 2011 including but not limited to the following: on a. The proposed proj.ect will be achieving the silver level of LEED certification to qualify for a standards modification to allow for the reduction of one (1) guest parking space and 21 reduced size of said guest parking spaces to accommodate fuel-efficient vehicles such as the "smart car" or similar vehicles. 22 b. The proposed project has been designed to achieve the silver level of LEED certification by its close proximity to public transportation including the Coaster Commuter Rail and 24 Bus Transfer Station, providing on-site parking and electrical charging facilities for low- emitting and fuel-efficient vehicles, reducing water usage, providing on-site renewable 25 energy, reusing materials, and using regional materials and low-emitting materials and other similar features as set forth in the LEED project checklist. 26 c. The proposed project shall satisfy its affordable housing requirement on site, and the standards modifications will allow for adequate residential density to ensure the financial 28 feasibility of said design and accommodate said unit on-site. PC RESO NO. 6767 -2- d. The proposed project shall provide a mix of uses including residential and retail which is 2 a preferred development for District 1 of the Village Area to increase residential and provide additional retail space opportunities for new unique businesses, and assist in the 3 accomplishment of the goals and objectives for the Village Area. The Planning Commission finds that the project, as conditioned herein, with the findings . contained herein to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, and the Carlsbad Village Master 5 Plan and Design Manual based on the facts set forth in the staff report dated March 16, 2011 including, but not limited to the following: 7 a. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides for a mix of multi-family residential and n commercial/retail uses in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and 10 encourages greater residential support opportunities in the Village. By providing more residential and commercial/retail opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project's proximity to existing bus routes and mass 13 transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street 14 presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets. Overall, the new residential units will enhance the Village as a place for living and working. b. The project is consistent with the Village Master Plan and Design manual in that the 17 proposed project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) It establishes the Village as a quality 18 shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the type of housing options available to people seeking to reside in the downtown area. 2) It improves the pedestrian and vehicular 2Q circulation in the Village Area by providing residential units in close proximity to both bus and rail mass transit. 3) It stimulates property improvements and new 21 development in the Village by providing for an appropriate intensity of residential development and commercial/retail development that may serve as a catalyst for 22 future redevelopment in the area. 4) It improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with attractive landscaping. 24 c. The^project as designed is consistent with the development standards for Land Use 25 District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 26 27 d. The existing streets can accommodate the estimated ADTs, and all required public right-of-way has been, or will be dedicated, and has been, or will be improved to 28 serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public facilities have been, or will be constructed to serve the proposed project. The project has been conditioned to PC RESO NO. 6767 -3- develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. e. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for s- new development within the Village Area and the City's Landscape Manual. 6 f. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire 7 protection and other safety standards. o g. The proposed project is consistent with the Housing Element of the General Plan n and the City's Inclusionary Housing Ordinance, as the Developer is providing one affordable housing unit on site. 10 4. The project will provide sufficient public facilities for the residential density to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project approval. 13 All necessary public facilities required by the Growth Management Ordinance will be 14 constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or ,,- are required as conditions of project approval. 17 6. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. 18 The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 21 The project has been conditioned to ensure that building permits will not be issued 22 for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of the Public 24 Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 25 b. AH necessary public improvements have been provided or are required as conditions of approval. 27 c. The project has been conditioned to provide proof from the Carlsbad Unified School 28 District that the project has satisfied its obligation to provide school facilities. PC RESO NO. 6767 -4- d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will 2 be collected prior to the issuance of building permit. 3 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 4 <- 7. The project is consistent with the City's Landscape Manual. 5 8. The Planning Commission finds that the Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking 7 requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings:8 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial/retail use in an appropriate location within the Village. The project 10 provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. 12 b. The project is consistent with the Village Master Plan and Design Manual in that 13 the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides permitted 14 commercial/retail space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 3) the project consists of an ,,- individual building set back from the street complimented by landscaping. 17 c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in August of 2010, 18 the average occupancy for all public parking lots is 53%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and 2Q Redevelopment Commission. 21 d. The City Council has approved the existing In-Lieu Fee Program. 22 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree 24 of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 2" Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 28 1- If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained over time, if any such conditions fail to be so implemented PC RESO NO. 6767 -5- and maintained according to their terms, the City shall have the right to revoke or modify 2 all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the 3 authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek 4 damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Major Redevelopment Permit Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit Amendment documents, as 7 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to n this approval. 10 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 11 4. If any condition, for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be 14 invalid unless the City Council determines that the project without the condition complies with all requirements of law. ., 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its governing body members, officers, employees, 17 agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City 18 arising, directly or indirectly, from (a) City's approval and issuance of this Major Redevelopment Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from 21 the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues 22 even if the City's approval is not validated. 93 6. The Developer shall submit to the Housing and Neighborhood Services Department a 74 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit Amendment reflecting the conditions approved by the final decision making body. 25 7. The Developer shall include, as part of the plans submitted for any permit plan check, a 2" reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 28 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. PC RESO NO. 6767 -6- 9. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 10. Approval is granted for Redevelopment Permit Amendment RP 05-10(A) as shown on Exhibits A-P, dated March 16, 2011, on file in the Housing and Neighborhood <- Services Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 6 11. This approval is granted subject to the approval of CDP 05-42(A) and CT 05-20(A), and 7 is subject to all conditions contained in Planning Commission Resolutions No. 6768 and 6769 for those other approvals incorporated herein by reference. a 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10 13. Building permits will not be issued for the project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 13 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 14 14. Developer shall install to the satisfaction of the Housing and Neighborhood Services Director and/or Planning Director, striping and signing, indicating the four (4) guest ,,. parking spaces are available for smaller-sized vehicles and electric charging stations are available for public use. 17 Housing 18 15. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Owner 2Q shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling units (Lot/Unit 8) as affordable to lower-income households for 21 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be 22 submitted to the Housing and Neighborhood Services Director no later than 60 days prior to request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 24 Landscape 25 16. The Developer shall submit and obtain Housing & Neighborhood Service Director " approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and 28 maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 6767 -7- 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 18. Developer shall pay a landscape plan check and inspection fee as required by Section 4 20.08.050 of the Carlsbad Municipal Code. Miscellaneous 6 19. The Developer shall establish a homeowner's association and corresponding covenants, 7 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Housing and Neighborhood Services Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Housing & Neighborhood n Services Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Housing and Neighborhood 10 Services. At a minimum, the CC&Rs shall contain the following provisions: 11 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 13 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 14 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 15 within 30 days for the official record. 20. This project is being approved as a condominium permit for residential homeownership 17 purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this 18 requirement. 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2A #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 22 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 24 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Neighborhood Services. 26 ~7 23. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 28 recreational facilities. PC RESO NO. 6767 -8- Noticing 2 24. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 3 of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Neighborhood Services Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit Amendment by Planning Commission Resolution No. 6767 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Neighborhood Services Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 9 25. The developer shall construct trash receptacle and recycling areas as shown on the site 10 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing & Neighborhood Services Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Neighborhood Services Director. 13 26. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 14 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Neighborhood Services Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 27. The developer shall submit and obtain Housing & Neighborhood Services Director 17 approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 18 . All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 2Q substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Neighborhood Services 21 29. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 22 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking 24 spaces needed to satisfy the commercial/retail component of the project's parking requirement (4 spaces total). 25 30. The project shall have a master cable television hookup. Individual antennas shall -" not be permitted. 27 31. There shall be separate utility systems for each unit. 28 PCRESONO. 6767 -9- 23 32. Building materials identified in acoustical study prepared by Mestre Greve 2 Associates shall be used in the building construction in order to reduce noise levels to an acceptable level. 3 33. Solid masonry walls shall be installed along all common lot lines that adjoin an existing residential use. Code Reminders: 6 The project is subject to all applicable provisions of local ordinances, including but not limited to 7 the following code requirements. 8 Fees 9 34. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final 10 map as required by Chapter 20.44 of the Carlsbad Municipal Code. 12 35. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 13 36. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance 14 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. ,, Generallo 17 37. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of 18 building permit issuance, except as otherwise specifically provided herein. 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 20 Code Section 18.04.320. 21 39. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village Master Plan 22 and Design Manual and shall require review and approval of the Housing & Neighborhood Services Director prior to installation of such signs. £ J 24 25 26 27 28 PC RESO NO. 6767 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 16, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: STEPHEN^MP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6767 -11- PLANNING COMMISSION RESOLUTION NO. 6768 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A CARLSBAD TENTATIVE TRACT MAP AMENDMENT NUMBER CT 05-20 TO SUBDIVIDE .28 4 ACRES INTO NINE (9) CONDOMINIUM UNITS AND 1,150 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 3044 STATE STREET IN LAND 6 USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: STATE STREET MIXED USE CASE NO.: CT 05-20(708 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified 10 application with the City of Carlsbad regarding property owned by 3044 State Street, LLC, "Owner", described as Assessor Parcel Number 203-297-04, and more thoroughly described 12 ,as; and 13 Lots 13 and 14 in Subdivision of a portion of Tract 106, 14 Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, 16 December 9,1919, 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Tentative Tract 19 Map Amendment as shown on Exhibits "A-T" dated March 16, 2011, on file in the Housing and 20 Neighborhood Services Department as CT 05-20(A) - STATE STREET MIXED USE as 21 provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 22 WHEREAS, the Design Review Board did, on March 16, 2011, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony ^) f\and arguments, if any, of persons desiring to be heard, said Board considered all factors relating 27 to the Tentative Tract Map Amendment. 28 1 WHEREAS, on August 15, 2006, the Housing and Redevelopment 2 Commission approved, "State Street Mixed-Use RP 05-10(A)/CDP 05-42(A)/CT 05-20(A)," 3 as described and conditioned in Design Review Board Resolution No. 311. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL of CT 05-20(A) - STATE STREET MIXED USE, based on the following findings and subject to the 10 following conditions: 11 Findings: 12 1. That the proposed map and the proposed design and improvement of the subdivision as , o conditioned, is consistent with and satisfies all requirements of the General Plan, the Village Master Plan and Design Guidelines, Titles 20 and 21 of the Carlsbad Municipal 14 Code, and the State Subdivision Map Act, and will not cause serious public health problems. 15 2. That the proposed project is compatible with the surrounding future land uses since 16 surrounding properties are located within Land Use District 1 of the Village Area and , 7 the intent of the Village Master Plan is to reinforce the pedestrian environment, encourage mutually supportive use and provide a major activity focus for Carlsbad lg Village and the City as a whole. 19 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 20 proposed, in that the 32.1 du/ac development is consistent with the 35 du/ac ~, residential density allowed for the property by the Village Master Plan and Design Manual and based on the following findings: 22 a. The density is compatible with the surrounding area, which contains residential 23 and commercial/retail uses, and is permitted in District 1. b. The proposed density serves to satisfy the goals of the Village Redevelopment 25 Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. 26 c. The proposed density serves to satisfy the objectives of Land Use District 1 by 27 increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. PC RESO NO. 6768 -2- 4. That the design of the subdivision or the type of improvements will not conflict with 2 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 3 that the property has frontage on State Street and there are no easements granting access through the property to others. 4 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or 7 natural heating or cooling opportunities in the subdivision. 8 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 11 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 12 habitat, in that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. Therefore, the Planning Commission finds that 15 there is no substantial evidence the project will have a significant effect on the environment. 16 9. That the discharge of waste from the subdivision will not result in violation of existing 17 California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 19 10. The Planning Commission finds that the project, as conditioned herein, is in 20 conformance with the Elements of the City's General Plan and the Village Master Plan and Design Guidelines based on the facts set forth in the staff report dated March 16, 21 2011 including, but not limited to the following: the project will provide for a permitted mixed-use development (multi-family residential and retail commercial) in an appropriate location within Land Use District 1 of the Village Area. 23 11. The project is consistent with the City- Wide Facilities and Improvements Plan, the 24 applicable local facilities management plan, and all City public facility policies and ordinances since: 25 The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of 28 tne Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. PC RESO NO. 6768 -- 1 2 i Carlsbad Unified School District. 3 4 of approval. e 6 5 n e. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 12. The project has been conditioned to pay any increase in public facility fee, or new 9 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 11 12 18 b. Statutory School fees will be paid to ensure the availability of school facilities in the c. Park-in-lieu fees are required as a condition of approval. d. All necessary public improvements have been provided or are required as conditions public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 13 14. The Planning Commission has reviewed each of the exactions imposed on the Developer 14 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 16 Conditions: 17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. 19 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections 20 21 22 23 24 25 n and modifications to the Tentative Tract Map Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 27 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 28 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. PC RESO NO. 6768 -4- 4. If any condition for construction of any public improvements or facilities, or the payment 2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 3 | Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, 7 demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 10 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 11 6. The Developer shall submit to the City a reproducible 24" x 36", mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision 13 making body, 14 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required 17 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 18 . Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 2Q adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 21 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 22 10. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Owner 24 shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling unit (Lot/Unit 8) as affordable to lower-income households for 25 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Housing and Neighborhood Services Director no later than 60 days prior 27 to request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 28 PC RESO NO. 6768 -5- 23 Engineering: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 4 , General 5 11. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer 7 for the proposed haul route. o 12. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private 10 utilities, sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute 1 the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 13. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one final map recorded for this project. 14 14. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this .,, condition,lo 17 Fees/Agreements 18 15. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 2Q 16. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 21 17. Prior to approval of any grading or building permits for this project, developer shall cause 22 owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional 74 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 25 18. Prior to issuance of building permits, or grading permit, whichever occurs first, developer 2" shall cause owner to execute, for recordation, a city standard Local Improvement District 27 Agreement to pay fair share contributions for under grounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should 28 a future district be formed. PCRESONO. 6768 -6- Grading 2 19. Based upon a review of the proposed grading and the grading quantities shown on the 3 tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all 4 applicable grading plan review fees per the city's latest fee schedule. 20. Developer shall apply for and obtain a grading permit from the city engineer. Developer 5 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 7 21. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include n but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 10 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 22. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 14 developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all .,. applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 17 23. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, 18 treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.19 V ' 20 Dedications/Improvements 21 24. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain 22 and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. ^-* D 24 25, Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement 25 to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city 2" standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 28 a. Sewer main in Oak Avenue Alley. PC RESO NO. 6768 -7- Developer shall pay the standard improvement plan check and inspection fees. 2 Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in 3 said agreement. 26. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentat satisfaction of the city engineer. <. each unit proposed by this tentative parcel map. Sewer services shall be provided to the 6.. Non-Mapping Notes 7 27. Add the following notes to the final map as non-mapping data: n a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public 10 improvements shown on the tentative map. These improvements include, but are not limited to: 11 1. Sewer main in Oak Avenue Alley.12 b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 14 c. Geotechnical Caution: 15 .,- 2. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 17 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 18 subdivision due to its construction, operation or maintenance. d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 2Q to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 21 The owner of this property on behalf of itself and all of its successors in interest has 22 agreed to hold harmless and indemnify the City of Carlsbad from any action that may „ arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 24 drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other 25 improvements identified in the city approved development plans. 26 Utilities: 27 28. Developer shall meet with the fire marshal to determine if fire protection measures (fire 28 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. PC RESO NO. 6768 -8- 29. Developer shall design and construct public facilities within public right-of-way or 2 within minimum 20-foot "wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for 3 adequate maintenance, access and/or joint utility purposes. 30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges <. for connection to public facilities. 5 31. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement 7 plans. Q 32. The developer shall install sewer laterals and clean-outs at locations approved by the city n engineer. The locations of sewer laterals shall be reflected on public improvement plans. 10 33. The developer shall design and construct public sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 11 34. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 13 Code Reminders: 14 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 35. The tentative map shall expire thirty-six (36) months from the date this tentative map 17 approval becomes final. 18 36. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map 2Q are for planning purposes only. 21 22 23 24 25 26 28 PC RESO NO. 6768 -9- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 5 You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on March 16, 2011, by the following vote, to wit: 16 AYES: Chairperson L'Heureux, Commissioners Black, Dominguez, 17 Montgomery, Nygaard, Schumacher and Siekmann 18 NOES: 19 ABSENT: 20 ABSTAIN:21 " 22 O "* STEPHEN "HAP" L'HEUREUX, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: 27 28 DON NEU Planning Director PCRESONO. 6768 -10- 1 PLANNING COMMISSION RESOLUTION NO. 6769 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT 4 AMENDMENT CDP 05-14(A) TO ALLOW THE CONSTRUCTION OF A MIXED USE DEVELOPMENT PROJECT CONSISTING OF NINE (9) CONDOMINIUM UNITS 6 AND 1,155 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON PROPERTY GENERALLY LOCATED AT 3044 7 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES 8 MANAGEMENT ZONE 1. o CASE NAME: STATE STREET MIXED USE CASE NO.: CDP 05-42(A) 10 WHEREAS, Karnak Planning and Design, "Applicant," has filed a verified 11 application with the City of Carlsbad regarding property owned by 3044 State Street, LLC, j3 "Owner," described as Assessor Parcel Number 203-297-04 , and more thoroughly described 14 as, *^ Lots 13 and 14 in Subdivision of a portion of Tract 106, I /- Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in 17 the office of the County Recorder of San Diego County, December 9,1919, 18 ("the Property") and 2Q WHEREAS, said verified application constitutes a request for a Coastal 21 Development Permit Amendment as shown on Exhibits "A-T" dated March 16, 2011, on file in 22 the Housing and Neighborhood Services Department, CDP 05-42(A) - STATE STREET 23 MIXED USE, as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and 24 - WHEREAS, the Planning Commission did, on March 16, 2011, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CDP 05-42(A) - STATE STREET MIXED 6 USE based on the following findings and subject to the following conditions: 7 Findings: That the proposed development is in conformance with the Carlsbad Village Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the City of Carlsbad Segment of the California Coastal Zone and all applicable policies in 10 that the development does not obstruct views or otherwise damage the visual beauty of the coastal zone, and no agricultural activities, sensitive resources, geological 11 instability exist on the site. 12 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the development will not interfere with the public's right to physical access to the sea 14 and the site is not suited for water-oriented recreation activities. 15 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 16 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, 19 floods, or liquefaction. 20 Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance 22 of building permits. 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 24 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 26 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit Amendment. PC RESO NO. 6769 -2- Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Coastal Development Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 5 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code ° Section 66020. If any such condition is determined to be invalid, this approval shall be n invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether 14 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the ,,. facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. Developer shall submit to the Housing and Neighborhood Services Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 20 7. This project shall comply with all conditions and mitigation measures which are required 21 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 22 . Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 24 adequate water service and sewer facilities, respectively, are available to the project at the time^of the application for the building permit, and that water and sewer capacity and 25 facilities will continue to be available until the time of occupancy. 9. This approval is granted subject to the approval of RP 05-10(A) and CT 05-20(A), and is 27 subject to all conditions contained in Planning Commission Resolutions No. 6767 and 6768 for those other approvals incorporated herein by reference. 28 PC RESO NO. 6769 -3- 10. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 11. Prior to the issuance of building permits, the applicant shall apply for and obtain a 4 grading permit issued by the City Engineer. 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 5 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 7 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this n approval will not be consistent with the General Plan and shall become void. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6769 -4- 1 2 5 6 7 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 16, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Black, Dominguez, Montgomery, Nygaard, Schumacher and Siekmann 5" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6769 -5- Planning Commission Minutes March 16, 2011 EXHIBITS Chairperson L'Heureux closed the public hearing on Agenda Item 2 and i next item. 3. RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) - STATE STREET MIXED USE - Request for a recommendation of approval of amendments to a Major Review (Redevelopment) Permit, Tentative Tract Map and Coastal Development Permit to allow the construction of a mixed-use development project consisting of nine (9) condominium units and 1,155 square feet of commercial/retail space on the property located at 3044 State Street in Land Use District 1 of the Village Review Zone. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Austin Silva would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 3. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Schumacher asked about the spacing of the 4 guest parking spaces and if a large vehicle would end up sticking out into the alley. Mr. Silva directed the Commission's attention to a slide depicting a large SUV along with a Smart Car parked in two of the spaces. Mr. Silva stated the car would be parked right up to the property line, and there is also a power pole located just east of the property line. Commissioner Siekmann stated that she believed the parking spaces would be for 4 Smart Cars. Mr. Silva stated the spaces are intended for Smart Cars. Commissioner Siekmann asked if there will be striping for the parking spaces. Mr. Silva stated that condition can be added if the Commission wanted it. Commissioner Siekmann stated she would be agreeable to that. Commissioner Montgomery commented that by striping the parking spaces, the spaces would then be limited to only those size vehicles. Without striping the spaces, there would be more flexibility for types of cars to park in those spaces. Commissioner Schumacher stated that the likelihood that a guest would be driving a Smart Car is pretty slim, but he can reasonably anticipate that a car will be sticking out into the alley the way the parking is currently configured. Commissioner Dominguez commented that this might turn into an enforcement problem for the Police Department. He further suggested signage or strict directives as to where people can park. Commissioner Siekmann stated it is her understanding that, if approved, the parking spaces are for 4 Smart Cars. Mr. Silva stated that was correct. Commissioner Siekmann stated that if it is approved with the idea that other sized vehicles would be parking in those spaces, it does not create 4 Smart Car parking spaces. Commissioner Black commented that any future owners that have large vehicles will have a very difficult time parking their vehicles in the garages. He asked if there is any way to mitigate that issue. Chairperson L'Heureux stated that the applicant can address that question. Commissioner Black asked if there is a way to underground the utility poles in a total section as opposed to along just one wall. Mr. Silva stated the applicant is not required to underground the utility poles at this time. In the future, however, those utility poles will be undergrounded. Chairperson L'Heureux asked for clarification regarding the requirement for undergrounding the utility poles. Mr. Van Peski stated the Municipal Code sets out the conditions for requiring utilities to be undergrounded, and those conditions were not met for this project. He further stated that the threshold for the requirement is a combination of a certain length in feet and the elimination of at least one pole. ?0 Planning Commission Minutes March 16,2011 Page 8 Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Robert Richardson, Karnak Planning and Design, 2525 Pio Pico Suite 102, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Commissioner Siekmann asked about the water storage in each unit. Mr. Richardson stated the water storage tank in the storage room is for solar hot water. There will be a hot water storage tank on the roof, and the roof will also be wired for solar electricity. Commissioner Black asked if the parking for the fuel efficient vehicles will help with the LEED certification for the project. Mr. Richardson stated yes but it was not done for that specific purpose. Commissioner Black asked if there was any way to save the two trees that are currently in the middle of the first lot. Mr. Richardson stated there is not really a place to move those trees. Commissioner Montgomery asked that if by requiring Smart Car parking on the site, would it then make it a requirement of a future owner to own a Smart Car as well. Mr. Richardson stated no. Commissioner Schumacher asked if the intention is to have signage for the 4 Smart Car parking. Mr. Richardson stated yes and there will striping and signage which clearly defines the spaces as Smart Car or other fuel efficient vehicles and for the electric hookup. Chairperson L'Heureux asked if there were any further questions for the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. George Willis, 539 Carlsbad Village Drive, Apartment 200, Carlsbad, stated he supports this project and does not think that the applicant should have to be responsible for the undergrounding of the utilities. Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. Debbie Fountain, Housing and Neighborhood Services Director, stated that when the City met with Coastal Commission regarding the proposed changes to the development standards for the Village Area, Coastal Commission staff specifically requested that a requirement be added that any new development within the coastal zone provide incentives for fuel efficient vehicles, use of public transportation, etc. She stated that the idea for the Smart Car parking spaces for this project came about in response to that Coastal Commission requirement. There are a variety of ways in which the requirement can be addressed, and it does not necessarily have to be a Smart Car but rather a fuel efficient vehicle. Ms. Fountain further suggested that if the Planning Commission wants to add a condition for signage, the wording should be for fuel efficient vehicles. Chairperson L'Heureux asked how the condition can be worded so that it is enforceable and so that it does not fall through the cracks. Ms. Mobaldi stated that this project will be on private property so the Police Department will not give tickets. Chairperson L'Heureux asked if there would be any enforcement if the parking spaces are delineated and marked for a smaller than normal vehicle and someone parks a large SUV in one or two of the spaces. Ms. Mobaldi stated that would not be a Carlsbad Police Department enforcement issue because it is private property. Ms. Fountain commented that because the site will be private property, signs can be posted stating vehicles will be towed at the owner's expense, but the enforcement will be a private matter. Commissioner Dominguez commented that if the parking spaces are clearly marked along with clearly marked charging stations, it would then become obvious that those spaces were meant for those types of vehicles. He feels that would be adequate for now. Planning Commission Minutes March 16,2011 Page 9 Commissioner Schumacher asked if there were any other charging stations elsewhere in the City. Commissioner Dominguez stated there are two at Costco with very clear yellow markings. DISCUSSION Commissioner Nygaard stated this project is going to push the City along to a greener city. She stated she can support the project. Commissioner Siekmann stated she feels this is a wonderful project and that she can support this project. Commissioner Montgomery stated this is a perfect example of a good mixed use project in the right location and he stated his support of the project. Commissioner Black applauded the design of the building and also stated his support of the project. Commissioner Dominguez stated this project will be a stimulus for the area. He also stated his support for the project. Commissioner Schumacher stated he supports the project. Chairperson L'Heureux concurred with his fellow Commissioners. He stated this project has the potential to be a milestone for the city. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6767, 6768, and 6769 recommending approval of RP 05-10(A), CT 05-20(A), CDP 05-42(A) to the City Council based on the findings and subject to the conditions contained therein to include specific language about the guest parking spaces to be designated for fuel efficient vehicles or language to be determined by the Planning Director. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Black, Commissioner Dominguez, Commissioner Montgomery, Commissioner Nygaard, Commissioner Schumacher, and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 4. CDP 06-02x1/SUP 04-13x1 - CARLSBAD OPPORTUNISTIC BEACH FILL PROGRAM - Request a five-year extension of CDP 06-02 and SUP 04-13 to allow the continuation of the five-year program that would allow for the placement of up to 150,000 cubic yards (cy) per year of opportunistic beach fill (sand) along the Encinas Beach portion of the South Carlsbad State Beach, which is located on the west side of southbound Carlsbad Boulevard, just north of the Encinas Creek Bridge, and south of Palomar Airport Road, in Local Facilities Management Zone 22. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Pam Drew would make the Staff presentation assisted by Associate Engineer Steve Jantz. Chairperson L'Heureux opened the public hearing on Agenda Item 4. Ms. Drew gave a brief presentation and stated she would be available to answer any questions. AH3AV-OD-008-L a| I ap uije ajnipeq e| e zai|day ap suas I ©09LS ©AH3AV lueqeB 3| zssi|!*n ! J3|ad e sa|pe^ : BANK OF AMERICA NT & SA MARGUERITE MONTALBANO CIRCLE K STORES INC 101 N TRYON ST NC1-001-03-81 CHARLOTTE, NC 28255 101 N TRYON ST NC1-001-03-81 CHARLOTTE, NC 28255 PO BOX 52085 PHOENIX, AZ 85072-2085 IRIS P KORNBERG GUNTER ACUNA FAMILY *B* 10880 WILSHIRE BLVD 1840 LOS ANGELES, CA 90024-4115 PO BOX 749 SAN PEDRO, CA 90733-0749 91 MAYNARD AVE NEWBURY PARK, CA 91320-4259 JERRY PETERS MCCOMAS SIMS PO BOX 1091 CARDIFF BY TH, CA 92007-7091 1265 CYNTHIA LN CARLSBAD, CA 92008-1506 2820 WILSON ST CARLSBAD, CA 92008-1531 CALIFORNIA PROPERTY BROKERS I GEORGE R & JACKYE WILLIS VILLAGE CORNER L L C 3324 SEACREST DR CARLSBAD, CA 92008-2035 2050 LAURIE CIR CARLSBAD, CA 92008-2023 2998 STATE ST CARLSBAD, CA 92008-2336 CLARKE *M*KATHLEEN M CLARK MATTHEW HALL 2665 JEFFERSON ST CARLSBAD, CA 92008-1440 3060 STATE ST CARLSBAD, CA 92008-2314 EL CAMINO REAL(2604B) 334 CARLSBAD, CA 92008-1214 MATTHEW HALL LEO & DIANNA PACHECO BERNARD & MARINA GOLDSTEIN 2604 EL CAMINO REAL 334 CARLSBAD, CA 92008-1205 2100 CHESTNUT AVE CARLSBAD, CA 92008-2718 160 TAMARACK AVE CARLSBAD, CA 92008-4059 PHYLLIS M HALL GOFAT LLC GOFAT LLC 4046 GARFIELD ST CARLSBAD, CA 92008-7401 160 TAMARACK AVE CARLSBAD, CA 92008-4059 160 TAMARACK AVE CARLSBAD, CA 92008-4059 BERNARD & MARINA GOLDSTEIN THOMAS D & LUCINDA VIGNE SARA C TERAN 160 TAMARACK AVE CARLSBAD, CA 92008-4059 3880 HIBISCUS CIR CARLSBAD, CA 92008-3379 305 DATE AVE CARLSBAD, CA 92008-7432 THOMAS D & LUCINDA VIGNE GABRIEL J PRIETO JOYCE A JAMES 3880 HIBISCUS CIR CARLSBAD, CA 92008-3379 3957 JEFFERSON ST CARLSBAD, CA 92008-4118 3931 GARFIELD ST CARLSBAD, CA 92008-4036 ALBERT & SANDRA BOVENZI ROBERT L NIELSEN 3044 STATE STREET LLC 300 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-2900 AdBAV 525 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-2304 | iAu.a6p3 dn-doj asodxa i o; auij 6uo|e puag jadej pasj T 539 CARLSBAD VILLAGE DR 100 CARLSBAD, CA 92008-2361 ®09LS AH3AV-O9-008-1 j ap UJ.JB ainipeq ap suas 3>09LS ©AN3AV i jajad e 3068 STATE STREET LLC ILARIO & MARIE MANNO JOSEPH S & ROSIE FRIEDRICHS 539 CARLSBAD VILLAGE DR 100 CARLSBAD, CA 92008-2361 3067 ROOSEVELT ST CARLSBAD, CA 92008-2313 3160 ROOSEVELT ST CARLSBAD, CA 92008-3017 JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD, CA 92008-3017 CHARLES MCKEE 3176 TYLER ST CARLSBAD, CA 92008-3024 MIGUEL & FRANCISCA GONZALEZ 3119 MADISON ST B CARLSBAD, CA 92008-3028 JIM & MARY GREENE ALFREDO & AMBER FLETCHER WALKER-GILBERT 3143 MADISON ST CARLSBAD, CA 92008-3002 3159 MADISON ST CARLSBAD, CA 92008-3002 4350 HIGHLAND DR CARLSBAD, CA 92008-4225 MARVIN S HUMPHREYS DOUGLAS M & LORI AVIS JOHN C WALTERS 140 ACACIA AVE CARLSBAD, CA 92008-3204 550 LAGUNA DR B CARLSBAD, CA 92008-1698 6320 MONTECITO DR CARLSBAD, CA 92009-3075 BELYNN R GONZALES MCCABE ROSE M VANDYKE 2728 CHESTNUT AVE CARLSBAD, CA 92010-2125 6489 FRANCISCAN RD CARLSBAD, CA 92011-3212 1424 SAPPHIRE DR CARLSBAD, CA 92011-1200 2921 ROOSEVELT LTD CALIFORNIA GORDON BOYS & GIRLS CLUB OF CARLSBAI 7040 AVENIDA ENCINAS 104-1 CARLSBAD, CA 92011-4653 PO BOX 130065 CARLSBAD, CA 92013-0065 PO BOX 913 CARLSBAD, CA 92018-0913 M & M G ROBERT L & ELAINE NIELSEN SCOTT D & LINDA CORDES *M* PO BOX 1667 CARLSBAD, CA 92018-1667 PO BOX 2445 CARLSBAD, CA 92018-2445 315 S COAST HIGHWAY 101 U106 ENCINITAS, CA 92024-3543 RAPPAPORT 1460 RAVEAN CT ENCINITAS, CA 92024-6205 CARLSBAD VILLAGE PARTNERS L I 3303 LILAC SMT ENCINITAS, CA 92024-7044 MISSION SQUARE SHOPPING CENT! 1691 CAMINITO ALIVIADO LA JOLLA, CA 92037-7132 NOBEL SAN KATRINA LLC BILL F & LAURAL RYBURN 6435 CAMINITO BLYTHEFIELD C LA JOLLA, CA 92037-5851 7136 VISTA DEL MAR AVE LA JOLLA, CA 92037-5341 2019 ESTERO ST OCEANSIDE, CA 92054-6137 FLORENCIO RODRIGUEZ ABEL C GARCIA ROBERTO M RICARDEZ 2106 CROWN VIEW WAY OCEANSIDE, CA 92056-3214 Ad3AV 1502 ROLLING HILLS DR OCEANSIDE, CA 92056-3035 j.a6p3 asodxa. 01 auji 6uo|B puag iadej psaj 422 SAN DIEGO ST OCEANSIDE, CA 92058-2745 fi siaaen AH3AV-O9-008-L UIOD'AJBAB'MMM widn-dot) pjoqsj »| ,i [ ap UIJ.B ajnipei) t?| e zai luau.iaD.it! ip opsuas V ©091.S ©AH3AV ;iJeqe6 a| B seipej. ROBERTO RICARDEZ ROBERTO M RICARDEZ MICHAEL K GUSKY 422 SAN DIEGO ST OCEANSIDE, CA 92058-2745 422 SAN DIEGO ST OCEANSIDE, CA 92058-2745 14645 DASH WAY POWAY, CA 92064-2912 HAMILTON RUSSELL L BENNETT BUTLER PROPERTIES L L C 407 PACIFIC AVE SOLANA BEACH, CA 92075 PO BOX 356 SOLANA BEACH, CA 92075-0356 1261 LINDA VISTA DR SAN MARCOS, CA 92078-3827 ALL AMERICAN ENGINEERING & TI MARY J PINAMONTI SHELLEN LTD PARTNERSHIP II 721 MCGAVRAN DR VISTA, CA 92081-6405 2244 S SANTA FE AVE B02 VISTA, CA 92084-7846 4522 TRIAS ST SAN DIEGO, CA 92103-1163 CLARK R & SHELLEY KNAPP EUGENE H SIEGEL HYLEN 215 W PALM ST SAN DIEGO, CA 92103-5522 5553 TRINITY WAY SAN DIEGO, CA 92120-4503 5146 CHELTERHAM TER SAN DIEGO, CA 92130-1415 MANUEL S GONCALVES BAUMGARTNER LEOR & OPHIRA LAKRITZ 11370 RED CEDAR RD SAN DIEGO, CA 92131 PO BOX 1333 NEWPORT BEACH, CA 92659-0333 PO BOX 1029 TUSTIN, CA 92781-1029 SVF LLC PARKER SECURITY PACIFIC NATIONAL BAT 115 W CANON PERDIDO ST 200 SANTA BARBARA, CA 93101-3210 560 HIGHLAND DR DANVILLE, CA 94526-3711 300 LAKESIDE DR OAKLAND, CA 94612-3534 SHERYL F BULLOCK ANGELITA F MAMARIL *** 80 Printed *** 300 LAKESIDE DR 8 OAKLAND, CA 94612-3534 4232 HUBBARD RD STOCKTON, CA 95215-1838 Atl3AV [ Wj96p3 dn-dod asodxa i o} 3uj| 6uo|B puag ®091S aieidiuai Easy Peel® Labels Use Avery® Template 5160® Bend along line to expose Pop-Up Edge™AVERY® 6241™ !i CURRENT RESIDENT STATE ST CARLSBAD, CA 92008 CURRENT RESIDENT 3044 STATE ST CARLSBAD, CA 92008-2339 CURRENT RESIDENT 3060 STATE ST CARLSBAD, CA 92008-2314 CURRENT RESIDENT 3068 STATE ST CARLSBAD, CA 92008-2367 CURRENT RESIDENT 3080 STATE ST CARLSBAD, CA 92008-2378 CURRENT RESIDENT 417 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2302 CURRENT RESIDENT 457 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2302 CURRENT RESIDENT 539 CARLSBAD VILLAGEDR 201 CARLSBAD, CA 92008-2362 CURRENT RESIDENT 525 CARLSBAD VILLAGEDR -31 CARLSBAD, CA 92008-23"04 CURRENT RESIDENT 505 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2304 CURRENT RESIDENT 561 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2304 CURRENT RESIDENT 563 CARLSBAD VILLAGEDR -75 CARLSBAD, CA 92008-2304 CURRENT RESIDENT 3045 ROOSEVELT ST CARLSBAD, CA 92008-3033 CURRENT RESIDENT 3055 ROOSEVELT ST CARLSBAD, CA 92008-2313 CURRENT RESIDENT 3067 ROOSEVELT ST CARLSBAD, CA 92008-2313 CURRENT RESIDENT 3085 ROOSEVELT ST CARLSBAD, CA 92008-2313 CURRENT RESIDENT 3091 ROOSEVELT ST CARLSBAD, CA 92008-2313 CURRENT RESIDENT 3025 ROOSEVELT ST CARLSBAD, CA 92008-2313 *** 18 Printed *** Etiquettes faciles a peler le aabarit AVERY® 5160®Sens de Repliez a la hachure afin de j reveler le rebord POD-UD™ ! www.avery.com 1-300-GO-AVERY CITY OF CARLSBAD Housing & Neighborhood Services www.carlsbadca.gov CITY OF CARLSBAD NOTICE OF PUBLIC HEARING STATE STREET MIXED-USE NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, 92008, at 6:00 pm on Tuesday, April 26, 2011, to consider approval of amendments to Major Review (Redevelopment) Permit RP 05-10(A), Tentative Tract Map CT 05-20(A), and Coastal Development Permit CDP 05-42(A) to allow the construction of a mixed-use development project consisting of nine (9) condominium units and 1,155 square feet of commercial/retail space on the property located at 3044 State Street in Land Use District 1 of the Village Review Zone. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Austin Silva in the Housing and Neighborhood Services Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Director has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The City Council will be considering final approval of the environmental determination during the public hearing. If you challenge the amendments to the Major Review (Redevelopment) Permit, Tentative Tract Map, and Coastal Development Permit 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 at or prior to the public hearing. CASE FILE NO.: RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) CASE NAME: STATE STREET MIXED-USE CITY COUNCIL 2965 Roosevelt Street, Ste. B, Carlsbad, CA 92008-2397 T 760-434-2810 F 760-720-2037 © NOT TO SCALE SITEMAP State Street Mixed-Use RP 05-10A/CT 05-20A/CDP 05-42A State Street Mixed Use RP 05-10(A)/CT 05-20(A)/CDP 05-42(A) Location Map OAK A VSTA T E S T ROOSEVE L T S T A T & S F RR CARL S B A D VI L L A G E D R TY L ER ST A L L EY TY L ER S TWASH ING TON S T ROOSEVE L T S T A L L EY STA T E S T A L L E Y MAD I SON S T OAK A V A L L E Y S TA T E S T A L LE Y RP 05-10A/CT 05-20A/CDP 05-42A State Street Mixed-Use SITE MAP E L C A MINO R E A L LA COSTA AV ALGA RDCARLSBAD BL Aerial Photo S TA TE S T S TA TE S T OAK A V ROOS EVE L T S T T Y LE R S T A L LE Y AT & S F R R CARL S B A D VI L L A G E D R S TA T E S T A L L EY TY L ER S T OAK A V A L L E Y WA S H I NG TON S TST A T E S T A L L EY 0 200100 Feet RP 05-10A/CT 05-20A CDP 05-42A State Street Mixed-Use Subject Property Commercial to the North Commercial to the South Public Parking Lot to the West Auto Repair Shop to the East Original Project Approval •Approved by Housing and Redevelopment Commission on August 15, 2006 •6 condominium units (1,922 –2,387 sq. ft.) •1,875 sq. ft. of commercial/retail space •21.4 dwelling units/acre Requested Amendments •Add 3 residential units (9 total), 1 affordable unit on-site •Decrease size of residential units (1,200 – 2,200 sq. ft.) •Decrease size of commercial retail space from 1,875 sq. ft. to 1,155 sq. ft. •Increase density to 32.1 dwelling units/acre Proposed Development •Three-story, 19,365 sq. ft. mixed-use building •Two stories of residential condominiums located over garages and street fronting commercial •LEED Silver Certification Site PlanExisting Utility Pole Development Standards Standard Required Proposed Setbacks Front Sides Rear 0 (10 ft.avg. on 2nd floor & above) 0 0 0 (10 ft. avg. for 2nd & 3rd floor) South yard –3’8” North –4’11” 5’ Building Coverage Up to 100%60% Building Height 45’ with 5:12 roof pitch 38’ with 5:12 roof pitch Open Space Minimum of 20%37.6% Density Maximum of 35 units/acre 32.1 units/acre Parking (Standard modification) Parking Standard Required Parking Proposed Parking Comments Residential –2 spaces/unit & .5 space/unit for guest 23 spaces (18 resident and 5 guest spaces) 22 spaces (18 on-site garages/ 4 guest spaces) Requesting modification to eliminate 1 guest space & reduce size of guest spaces Commercial/Retail – 1 space per 300 sq. ft. of net floor area 4 spaces 4 total (requesting participation in parking in-lieu fee program) Project eligible to participate in parking in-lieu fee program West Elevation (front) East Elevation (Tyler St. Alley) North and South Elevations South North Motor Court Elevations Recommendation •That the City Council Adopt Resolution Nos. 2011-088 and 2011-089 Approving an amendment to a Major Review Permit RP 05-10(A), Tentative Tract Map CT 05- 20(A), and Coastal Development Permit CDP 05-42(A) based on the findings and subject to the conditions contained therein. Parking Demonstration