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HomeMy WebLinkAbout2011-09-13; City Council; 20677; SEASIDE VILLAGE CORNERCITY COUNCIL- AGENDA BILL 12 AB# MTG. DEPT. 20,677 9/13/11 HNS SEASIDE VILLAGE CORNER RP 10-46/CDP 10-32 DEPT. CITY ATTY CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution Nos. 2011-215 and 2011-216 APPROVING Major Village Review Permit RP 10-46 and Coastal Development Permit CDP 10-32 to allow the construction of a mixed-use development project consisting of 5,029 square feet of commercial/retail space and 5,793 square feet of office space on the property located at 880 Carlsbad Village Drive in Land Use District 2 of the Village Review Zone and in Local Facilities Management Zone 1 as recommended by the Planning Commission, and APPROVING participation by the applicant in the Village Parking In-Lieu Fee Program. ITEM EXPLANATION: The proposed project requires approval of a Major Review 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 requires approval of a Coastal Development Permit because the project is located in the Village segment of the Coastal Zone. In accordance with Major Village Review Permit procedures, the two items are being brought forward for final decision following a recommendation by the Planning Commission on August 3, 2011. The applicant is proposing to construct a new two-story, 10,822 square foot mixed-use building on a .31 acre site. The first floor of the building will be divided into four (4) commercial/retail suites with one being dedicated for use by a coffee shop, tea room, or take-out food establishment. The second floor will be divided into four (4) office suites and two bathrooms, one with a shower available to employees who choose to ride their bicycle to work. Craftsman architectural elements are incorporated throughout the building with the use of beige vertical siding, extensive use of creek rock on the ground floor, exposed rafters, dormers, decorative vents on the dormers and gable ends, and Craftsman style lighting fixtures. A tower feature provides a focal point for the project at the corner of Carlsbad Village Drive and Harding Street. Large windows accented by canvas awnings are used for the retail space to increase visibility of merchandise along the store fronts on Carlsbad Village Drive. The building is located close to the sidewalk in an effort to enhance the pedestrian environment along Carlsbad Village Drive. This also helps in screening the surface parking lot from Carlsbad Village Drive. The proposed project meets building coverage, building height, roof pitch and open space requirements. However, the applicant is requesting a standards modification to reduce the 10 foot average setback for the second floor to an average of 5.1 feet and to reduce the setback requirement for the at grade parking lot from the minimum of 5 feet from any property line to 3 feet 2 inches for landscaping purposes. 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 DEPARTMENT CONTACT: Austin Silva 760-434-2813 austin.silva@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 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 within the Village Master Plan and Design Manual, such as providing for redevelopment of a blighted or underutilized property and/or mixed-use developments. 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 redevelopment of a former brown field site, close proximity to public transit, water use reduction, water efficient landscaping, re-use of materials, and the use of regional and low-emitting materials to name a few. The proposed project also results in development of a vacant lot at a key location within the Village with a desirable mixed-use development. The project meets the goals and objective of the Village Master Plan and Design Manual. The required parking for the project is 34 spaces total. Sixteen spaces are provided in an at grade parking lot at the rear of the building, and the project is eligible to participate in the Parking-ln-Lieu Fee program for an additional nine (9) spaces at a total cost of $101,160 ($11,240/space). To address the remaining required nine (9) parking spaces that are not accounted for, staff had originally recommended approval of a standards modification to reduce the number of required parking spaces. However, due to concern about parking in the Village, the Planning Commission did not recommend approval of the proposed standards modifications. Instead, the Planning Commission has placed a condition on the project requiring the applicant to enter into a shared parking agreement for nine (9) spaces with the Carlsbad Christian Assembly church who owns a parking lot directly across Carlsbad Village Drive to the south. In an effort to provide more available on-site parking for customers, the applicant will also be required to instruct all tenant employees to park off site for the life of the project and to provide signage directing clientele to the nearest public parking lots as conditioned by the Planning Commission. The approving resolutions along with the Planning Commission staff report and the draft minutes of the August 3rd Commission 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, 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 through new development or rehabilitation of existing buildings with 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: The proposed project is 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. EXHIBITS: 2011-2151. City Council Resolution No. APPROVING RP 10-46/CDP 10-32 2. City Council Resolution No2011-216APPROVING a Parking In-Lieu Fee Participation Agreement between the City Council and Bureck Capital LLC (property owner). 3. Planning Commission Resolution Nos. 6794 and 6795 recommending APPROVAL of RP 10-46/CDP 7 Page3 10-32. 4. Parking In-Lieu Fee participation agreement. 5. Planning Commission Staff Report dated August 3, 2011. 6. Planning Commission Draft Minutes dated August 3, 2011. 1 CITY COUNCIL RESOLUTION NO. 2011-215 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A MAJOR VILLAGE REVIEW PERMIT RP 10-46 AND COASTAL DEVELOPMENT PERMIT 4 CDP 10-32 TO ALLOW THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 5,029 SQUARE FEET 5 OF COMMERCIAL/RETAIL SPACE AND 5,793 SQUARE FEET OF OFFICE SPACE ON PROPERTY GENERALLY LOCATED AT 6 880 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 2 OF ? THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 APPLICANT: ELIZABETH SPECK 9 CASE NO: RP 10-46/CDP 10-32 10 WHEREAS, on August 3, 2011, the City of Carlsbad Planning Commission held a duly noticed 11 public hearing to consider a Major Village Review Permit RP 10-46 and Coastal Development Permit 1 7 CDP 10-32 for the construction of a mixed-use development project consisting of 5,029 square feet of commercial/retail space and 5,793 square feet of office space on the property located at 880 Carlsbad 14 Village Drive, and adopted Planning Commission Resolutions No. 6794 and 6795 recommending to the 15 City Council that Major Review Permit RP 10-46 and Coastal Development Permit CDP 10-32 be 16 approved with conditions; and 17 WHEREAS, the City Council of the City of Carlsbad, on the date of this resolution held a duly 18 noticed public hearing to consider the recommendation of the Planning Commission and heard all persons interested in or opposed to Major Village Review Permit RP 10-46 and Coastal Development 21 Permit CDP 10-32; and 22 WHEREAS, the recommended Planning Commission approval includes findings granting 23 participation in the Parking In-Lieu Fee Program for a maximum of nine (9) commercial parking spaces 24 and standards modifications to reduce setback requirements for the second floor and the at grade parking 25 lot; and 26 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 28 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 2 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. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 5 California as follows: 6 1. That the foregoing recitations are true and correct. 7 2. That Major Village Review Permit RP 10-46 and Coastal Development Permit CDP 10-32 8 are APPROVED and that the findings and conditions of the Planning Commission contained in i Q Resolution Nos. 6794 and 6795 on file in the City Clerk's office and incorporated herein by reference are 11 the findings and conditions of the City Council.. 12 3. That the City Council of the City of Carlsbad has reviewed, analyzed and considered the 13 environmental determination for this project and any comments thereon. The City Council finds that: 14 (a) The project is consistent with the applicable general plan designation and all 15 applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than 18 five acres and is substantially surrounded by urban uses; 19 (c) The project site has no value as habitat for endangered, rare or threatened species; 20 (d) Approval of the project would not result in any significant effects relating to traffic, 21 noise, air quality, or water quality; and 22 (e) The site can be adequately served by all required utilities and public services. 23 The City Council finds that the environmental determination reflects the independent ~ - judgment of the City Council of the City of Carlsbad. 2g 4. That this action is final the date this resolution is adopted by the City Council. The provision 27 of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 28 CCRESONO. -2- r 1 NOTICE TO APPLICANT: 2 "The time within which judicial review of this decision must be sought, or other exactions hereafter 2 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 4 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 5 final a request for the record 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 6 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 7 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."8 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of , ^ Carlsbad, California, held on the 13tb day ofSeptember 2011 by the following vote to 11 wit: 12 AYES: Council Member? Hall, Kulcbin, Blackburn, Douglas. 13 NOES: None. 14 ABSENT: Council Member Packard. !5 ABSTAIN: 16 17 nvrw 1 g MATT HALL, MAYOR 19 20 ATTEST: 21 22 /LORR^INElvb^VOOD, CITY CLERK 23 24 (SEAL) 25 26 27 28 CC RESO NO. -3- CITY COUNCIL RESOLUTION NO. 2011-216 2 " 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-LIEU FEE 4 PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND BURECK CAPITAL LLC, PROPERTY OWNER, FOR 5 THE PROJECT KNOWN AS SEASIDE VILLAGE CORNER AT 880 CARLSBAD VILLAGE DRIVE, APN: 203-354-16, IN DISTRICT 2 OF 6 THE VILLAGE REVIEW ZONE. 7 APPLICANT: ELIZABETH SPECK CASE NO: RP 10-46 WHEREAS, as a condition of approval of Major Village Review Permit 10-46, the 10 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 j3 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 nine (9) commercial parking spaces to satisfy a portion of the on-site parking requirement for the mixed-use project to be located at 880 Carlsbad Village Drive within District 2 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 nine (9) of the required commercial parking spaces for the subject project 21 on the noted property at 880 Carlsbad Village Drive; and 22 WHEREAS, the Council has previously determined that the proposed project is consistent 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.28 7 1 demands and that the average utilization rate for all public parking lots according to the most 2 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. 5 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. 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 Bureck 1 1 Capital, LLC, property owner of the project known as the Seaside Village Corner 12 which is located at 880 Carlsbad Village Drive, in the District 2 of the Village Review 1 3 Zone of the City 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. '0 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 13th day of September 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas. NOES: None. ABSENT: Council Member Packard. LOFfRAINE (SEAL) . WOOD, City Clerk 1 PLANNING COMMISSION RESOLUTION NO. 6794 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT RP 10-46 TO 4 ALLOW THE CONSTRUCTION OF A MIXED USE DEVELOPMENT PROJECT CONSISTING OF 5,029 SQUARE FEET OF COMMERCIAL/RETAIL SPACE AND 5,793 SQUARE 6 FEET OF OFFICE SPACE ON PROPERTY GENERALLY LOCATED AT 880 CARLSBAD VILLAGE DRIVE IN LAND USE 7 DISTRICT 2 OF THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1 . 8 CASE NAME: SEASIDE VILLAGE CORNER 9 CASE NO.: RP 10-46 1 0 WHEREAS, Elizabeth Speck, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Bureck Capital, LLC, "Owner," described as 12 * Assessor Parcel Number 203-354-16, and more thoroughly described as 13 Lots 29, 30, 31 and 32, in block 56 of amended map of the town 14 of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894; and 16 Excepting from said Lot 32, that portion thereof conveyed to 17 the City of Carlsbad by deeds recorded October 2, 1990 as file nos. 90-538340 and 90-53841 both of official records of said San 18 Diego County 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Major Review 21 Permit as shown on Exhibits "A" - "J" dated August 3, 2011, on file in the Housing and 23 Neighborhood Services Department, RP 10-46 - SEASIDE VILLAGE CORNER, as provided 24 by Chapter 21 .35.080 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on August 3, 2011 , hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 28 SO WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Major Review Permit. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 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 10-46 - SEASIDE VILLAGE CORNER, based on the following findings and subject to the 10 following conditions: 1 Findings: 1. The Planning Director has determined that the project belongs to a class of projects that 13 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 14 preparation of environmental documents pursuant to Section 15332 of the State CEQA 1 _ 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 16 CEQA Guidelines do not apply to this project. 17 2. The Planning Commission finds that the project, as conditioned herein and with the findings noted below to grant the standards modifications for reduced setbacks is consistent with the goals and objectives set forth within the Village Master Plan and in Design Manual based on the facts set forth in the staff report dated August 3, 2011 including but not limited to the following: 20 a. The proposed project has been designed to achieve the silver level of LEED 21 certification by its close proximity to public transportation including the Coaster «~ Commuter Rail and Bus Transfer Station, redevelopment of a former brown field and blighted site, preferred parking for low-emitting and fuel-efficient vehicles, reducing 23 water usage, reusing materials, and using regional materials, low-emitting materials and other similar features as set forth in the LEED project checklist. 24 b. The proposed development is well articulated with balconies and other desirable and interesting design features, which negates the need for the average 10 foot setback on 26 the second floor. 27 c. The development provides for an alternate design feature for the parking lot landscaping which will provide adequate screening and appropriate enhancements for 2° the at grade parking lot, which appropriately addresses the reason for the minimum PC RESO NO. 6794 -2- setback requirement for landscaping purposes and allows for the reduction in said 2 requirement. d. The proposed development will assist in the continuing effort to revitalize the Village 3 by providing for a higher intensity and mixed-use development within walking distance of the transit station, additional commercial/retail space opportunities for new unique businesses in a visually prominent location, well-designed office space <- that will attract high quality tenants, and elimination of a blighting influence of a vacant and underutilized site in the primary entryway to the Village Area. 6 The Planning Commission finds that the project, as conditioned herein, with the 7 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 Plan and Design Manual based on the facts set forth in the staff 9 report dated August 3, 2011 including, but not limited to the following: 10 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 office and commercial/retail uses in an appropriate location within the Village. This in 12 turn provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale 13 through adherence to the land use regulation and design guidelines set forth for the area. The project's proximity to existing bus routes and mass transit will 14 help further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, including outdoor decks. 16 b. The project is consistent with the Village Master Plan and Design manual in that 17 the proposed project assists in satisfying the goals and objectives set forth for Land Use District 2 through the following actions: 1) The project provides permitted professional offices and commercial/retail space in a new structure. 2) It improves the pedestrian and vehicular circulation in the Village Area by providing office space in close proximity to both bus and rail mass transit. 3) It 20 stimulates property improvements and new development in the Village by providing for an appropriate intensity of office and commercial/retail development that may serve as a catalyst for future redevelopment in the area. 4) It improves the physical appearance of the Village Area by utilizing a vacant lot and locating parking behind a well designed building. 23 c. The project as designed is consistent with the development standards for Land 24 Use District 2, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 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 27 improved to 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 develop and implement a program of "best PC RESO NO. 6794 -3- ,-j management practices" for the elimination and reduction of pollutants which 2 enter into and/or are transported within storm drainage facilities. 3 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 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 7 fire protection and other safety standards. g 4. The project will provide sufficient public facilities to ensure that the adequacy of the 9 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 10 are required as conditions of project approval. All necessary public facilities required by the Growth Management Ordinance will be ,~ 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 13 required public facilities necessary to accommodate the proposed development have been provided or are required as conditions of project approval. 14 . 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. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection 17 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. i o Specifically, 20 a. 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 21 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 Facilities Element of the General Plan have been met insofar as they 23 apply to sewer service for this project. 24 b. All necessary public improvements have been provided or are required as conditions of approval. c. 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. 27 7. The project is consistent with the City's Landscape Manual. 28 PC RESO NO. 6794 -4- 8. The Planning Commission finds that the Developer/Property owner qualifies to 2 participate in the Parking In-Lieu Fee Program and participation in the program will satisfy a portion of the parking requirements (9 spaces total) for the project. Justification 3 for participation in the Parking In-Lieu Fee Program is contained in the following findings: 4 <- a. The project is consistent with the Carlsbad General Plan because it provides for a mixed-use building in an appropriate location within the Village. The project 6 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.o 9 b. The project is consistent with the Village Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use 10 District 2 through the following actions: 1) The project provides permitted offices and commercial/retail space in a new structure. 2) It improves the pedestrian and vehicular circulation in the Village Area by providing office , ? space in close proximity to both bus and rail mass transit. 3) It stimulates property improvements and new development in the Village by providing for an 13 appropriate intensity of office and commercial/retail development that may serve as a catalyst for future redevelopment in the area. 4) It improves the 14 physical appearance of the Village Area by utilizing a vacant lot and locating parking behind a well designed building. c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated in February of 17 2011, 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 19 Housing and Redevelopment Commission. 20 d. The City Council has approved the existing In-Lieu Fee Program, and the program remains in effect. 21 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 23 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 24 the project. Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 27 building permits. 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 PC RESONO. 6794 -5- ,,, implemented and maintained over time, if any such conditions fail to be so implemented 2 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 3 permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; 4 institute and prosecute litigation to compel their compliance with said conditions or seek e- damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Major Review Permit. 6 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 7 and modifications to the Major Review Permit 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 9 different from this approval, shall require an amendment to 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. j2 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 13 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 invalid 14 unless the City Council determines that the project without the condition complies with all requirements of law. 16 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 arising, directly or indirectly, from (a) City's approval and issuance of this Major 19 Review Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and 20 (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 21 facility of electromagnetic fields or other energy waves or emissions. This obligation 22 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 23 6. The Developer shall submit to the Housing and Neighborhood Services Department a 24 reproducible 24" x 36", mylar copy of the Major Review Permit reflecting the conditions approved by the final decision making body. £*J 26 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 27 format. 28 PC RESO NO. 6794 -6- ,*• 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 3 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that <- Plan prior to the issuance of building permits. 6 10. Approval is granted for Major Review Permit RP 10-46 as shown on Exhibits A-J, dated August 3, 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,o 9 11. This approval is granted subject to the approval of CDP 10-32, and is subject to all conditions contained in Planning Commission Resolutions No. 6795 for those other 10 approvals incorporated herein by reference. 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. 13 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 facilities will continue to be available until the time of occupancy. 16 Engineering: 17 14. 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 j9 for the proposed haul route. 20 15. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit ~~ issuance and will continue to be available until time of occupancy. 23 16. Prior to the approval of a building permit, the developer shall complete processing of a lot line adjustment to merge lots 29 thru 32 of Amended Map of Carlsbad, 24 recorded Feb. 15,1894. 25 17. Developer shall install sight distance corridors at all street intersections and driveways in 25 accordance with City Engineering Standards. The property owner shall maintain this condition. 27 28 PC RESO NO. 6794 -7- Fees/Agreements 2 18. Developer shall cause property owner to execute and submit to the city engineer for 3 recordation the city's standard form Drainage Hold Harmless Agreement. 19. Developer shall cause property owner to apply for, execute, and submit, to the city <- engineer for recordation, an Encroachment Agreement covering private landscape planters, pavers, furniture and awnings located over existing public right-of-way as 6 shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 7 20. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional 10 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. i - Grading 13 21. This project requires off site removal and reconstruction of existing improvements. No work or construction of private improvements shall occur outside the project unless 14 developer obtains, records, and submits a recorded copy, to the city engineer, a temporary construction easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the 17 project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner.18 , n 22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 20 but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 21 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 23 prospective owners and tenants of the above requirements. 24 23. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 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 27 applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 28 24. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain PC RESO NO. 6794 -8- , - and larger) shall be inspected by the city. Developer shall pay the standard improvement 2 plan check and inspection fees for private drainage systems. 3 25. Developer shall design all proposed public improvements including but not limited to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, 4 curb drains, etc.) as shown on the site plan. These improvements shall be shown on one r of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or 6 B. Construction Revision to an existing record public improvement drawing; or C. A working exhibit attached to a Right of Way Permit that contains enough detail 7 to adequately construct the proposed improvements. o Developer shall pay plan check and inspection fees using improvement valuations in 9 accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 10 26. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to , ~ truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of the building, the final structural pavement design of the aisle ways shall be 13 submitted together with required R-value soil test information subject to the review and approval of the city engineer. 14 Utilities 16 27. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire 17 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 18 , o 28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 20 29. The developer shall design and construct public water, sewer, and recycled water 21 facilities substantially as shown on the site plan to the satisfaction of the district engineer „_ and city engineer. 23 Landscape 24 30. 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 26 shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and 27 debris. 28 PC RESO NO. 6794 -9- 31. 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 32. 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 33. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 7 #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 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 9 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 10 approval will not be consistent with the General Plan and shall become void. 11 34. All roof appurtenances, including air conditioners, shall be architecturally integrated and 12 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 13 Directors of Community Development and/or Housing and Neighborhood Services. 14 Noticing 35. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 15 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 17 and successors in interest that the City of Carlsbad has issued a Major Review Permit by Planning Commission Resolution No. 6794 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file 19 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 20 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 21 good cause by the Developer or successor in interest. 22 36. The developer shall construct trash receptacle and recycling areas as shown on the site 23 plan (Exhibit "F") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 24 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. 26 37. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 27 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. PC RESO NO. 6794 -10- |4 38. The developer shall submit and obtain Housing & Neighborhood Services Director 2 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. 3 39. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in <- substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing & Neighborhood Services. 6 40. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 7 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for nine (9) 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 9 spaces needed to satisfy a portion of the project's parking requirement (9 spaces total). 10 41. The project shall have a master cable television hookup. Individual antennas shall not be permitted. 12 42. Applicant shall enter into a shared parking agreement for nine (9) spaces with the 13 Carlsbad Christian Assembly Church to the south on Carlsbad Village Drive or with another offsite parking lot owner if and when the church site is no longer 14 available. The agreements shall be to the satisfaction of the Housing and Neighborhood Services Director and the City Attorney. 16 43. Applicant will require all of the occupants' employees to park offsite for the life of the project. 17 44. Signage will be provided directing clientele to the nearest public parking lot.18 19 Code Reminders: 20 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 21 22 23 45. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 24 46. 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 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 27 28 47. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and PC RESO NO. 6794 -11- Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily 2 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 3 General 4 r 48. 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 6 building permit issuance, except as otherwise specifically provided herein. 7 49. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.8 9 50. 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 10 and Design Manual and shall require review and approval of the Housing & Neighborhood Services Director and issuance of a sign permit prior to installation of such signs. NOTICE 13 1 , 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 15 "fees/exactions." 16 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 19 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 22 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 23 expired. 24 25 26 27 28 PC RESO NO. 6794 -12- 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 Planning Commission of the City of Carlsbad, California, held on August 3, 2011, by the following vote, to wit: AYES: NOES: Vice Chairperson Schumacher, Commissioners Arnold, Black, Nygaard, Scully and Siekmann ABSENT: Chairperson L'Heureux ABSTAIN: MICHAEL SCHUMACHER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6794 -13- 1 PLANNING COMMISSION RESOLUTION NO. 6795 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT CDP 4 10-32 TO ALLOW THE CONSTRUCTION OF A MIXED USE DEVELOPMENT PROJECT CONSISTING 5,029 SQUARE FEET OF COMMERCIAL/RETAIL SPACE AND 5,793 6 SQUARE FEET OF OFFICE SPACE ON PROPERTY GENERALLY LOCATED AT 880 CARLSBAD VILLAGE 7 DRIVE IN LAND USE DISTRICT 2 OF THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT 8 ZONE1. 9 CASE NAME: SEASIDE VILLAGE CORNER CASE NO.: CDP 10-32 10 WHEREAS, Elizabeth Speck, "Applicant," has filed a verified application with 12 the City of Carlsbad regarding property owned by Bureck Capital, LLC, "Owner," described as 13 Assessor Parcel Number 203-354-16, and more thoroughly described as 14 Lots 29, 30, 31 and 32, in block 56 of amended map of the town of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the office of the 16 County Recorder of San Diego County, February 15,1894; and 17 Excepting from said Lot 32, that portion thereof conveyed to the City of Carlsbad by deeds recorded October 2, 1990 as file 18 nos. 90-538340 and 90-53841 both of official records of said i Q San Diego County 20 ("the Property") and 21 WHEREAS, said verified application constitutes a request for a Coastal 22 Development Permit as shown on Exhibits "A" - "J" dated August 3, 2011, on file in the 23 Housing and Neighborhood Services Department, CDP 10-32 - SEASIDE VILLAGE 24 CORNER, as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on August 3, 2011, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CDP. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 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 Commission 9 RECOMMENDS APPROVAL of CDP 10-32 - SEASIDE VILLAGE CORNER based on the following findings and subject to the following 10 conditions: Findings: 12 1. That the proposed development is in conformance with the Carlsbad Village Master j 3 Plan and Design Manual, which serves as the Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal Zone and all applicable 14 policies in that the development does not obstruct views or otherwise damage the visual beauty of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 17 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 18 and the site is not suited for water-oriented recreation activities. 1° 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 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 21 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 22 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, floods, or liquefaction. 24 ^ ,. .Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance 26 of building permits. 27 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2g implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to PC RESO NO. 6795 -2- t revoke or modify all approvals herein granted; deny or further condition issuance of all 2 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 3 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 4 or a successor in interest by the City's approval of this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 6 and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 7 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.o 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10 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 j2 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 invalid 13 unless the City Council determines that the project without the condition complies with all requirements of law. 14 5. 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 16 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 17 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 19 (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 20 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 21 approval is not validated. 22 6. Developer shall submit to the Housing and Neighborhood Services Department a 23 reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 24 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 25 Plan prior to the issuance of building permits. 27 8. 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 ^° adequate water service and sewer facilities, respectively, are available to the project at the PC RESO NO. 6795 -3- time of the application for the building permit, and that water and sewer capacity and 2 facilities will continue to be available until the time of occupancy. 3 9. This approval is granted subject to the approval of RP 10-46, and is subject to all conditions contained in Planning Commission Resolution No. 6794 for those other approvals incorporated herein by reference. 10. The applicant shall apply for and be issued building permits for this project within two 6 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 7 11. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 9 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 10 #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 * 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 13 approval will not be consistent with the General Plan and shall become void. 14 NOTICE 15 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 16 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."17 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 19 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 2, annul their imposition. 22 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, 23 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 25 expired. 26 27 28 PC RESO NO. 6795 -4- 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 Planning Commission of the City of Carlsbad, California, held on August 3, 2011, by the following vote, to wit: AYES: NOES: Vice Chairperson Schumacher, Commissioners Arnold, Black, Nygaard, Scully and Siekmann ABSENT: Chairperson L'Heuerux ABSTAIN: MICHAEL SCHUMACHER, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6795 -5- 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 £2- day of /fw 9<y T/". 2011, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Bureck Capital LLC,( "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 880 Carlsbad Village Drive (APN:203-354-16) in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Major Review Permit (RP#10-46). which provides conditional approval of Seaside Village Corner ("Project"). B. Condition No. 40 of Planning Commission Resolution No. 6794 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. RP 10-46 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of nine (9) 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. RP 10-46 to satisfy a portion of the parking requirement of 34 spaces for the Project according to the requirements set forth in this Agreement. The program participant has provided 16 parking spaces on site and is required to enter into a shared parking agreement for the remaining 9 spaces per Condition No. 42 of Planning Commission Resolution No. 6794. 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. C A 5/12/2011 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 nine (9) on-site parking spaces for the Project covered by Major Review Permit No. RP 10-46 by reason of City Council approval of Major Review Permit No. RP 10-46, including Condition No. 40_listed in Planning Commission Resolution No._ (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of nine (9) parking spaces as established by the City Council, and, as required by Condition No. 40 of Planning Commission Resolution No.6794. 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 RP 10-46 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of nine (9) 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. 40 of Planning Commission Resolution No.6794. Such failure will allow the 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 attorneys' fees and expenses, 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. CA 5/12/2011 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: Bureck Capital, LLC 1923 Dentro de Lomas Bonsall, CA 92003 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 nine (9) 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 Exhibit 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. CA 5/12/201 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 CITY OF CARLSBAD, a municipal corporatioi of the State of California By: Dated: (Print Name/Title) By:uei\-zi Dated: Bv: K ' (Sign Here) " ^^ =YE>e-m)kSpe£4LJ rf\»VMPr (Print Name/Titlfe) ^)2^l 1 1 k!r*(Sign Here) ^^ Matt Hall, ^ fciefL- Dated: Attest: Lorraine Wood, layor City Clerk Dated: (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 office (s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Ronald R. Ball, City Attorney By:. Jane/t^obaldi, Assistant City Attorney Dated: CA 5/12/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of __Q*£> On ^.flO-.n Date personally appeared before me,^/fteuu of me Officer * T . Christine N. Gonzalez i Commission #1801318 S Notary Public - California^ ^uuu^ San Diego County * i M>- Commission Exp. June 12, 201ZJ who proved to me on the basis of satisfactory evidence to be the person(^ whose name^) is/afe- subscribed to the within instrument and acknowledged to me that hdZsb£/they executed the same in his<5lJ»'their authorized capacityO^, and that by his/jfiSr/their signature(SQ on the instrument the person!**}, 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. Place Notary Seal and/or Stamp Above Signature: OPTIONAL Signature of NotarylPublic Though the information below is not required by law, it may prove valuable to persons relyingtfn 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: °'^. Number of Pages: &&X Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafonalNotary.org Item #5907 Reorder Call Toll-Free 1 -800-876-6827 EXHIBIT A Address: 880 Carlsbad Village Drive Assessor Parcel No.: 203-354-16 LEGAL DESCRIPTION OF PROPERTY Lots 29, 30, 31 and 32, in block 56 of amended map of the town of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15,1894; and Excepting from said Lot 32, that portion thereof conveyed to the City of Carlsbad by deeds recorded October 2, 1990 as file nos. 90-538340 and 90-53841 both of official records of said San Diego County CA 5/12/2011 The City of Carlsbad Housing and Neighborhood Service Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 3, 2011 Application complete date: April 19, 2011 Project Planner: Austin Silva Project Engineer: Clyde Wickhann SUBJECT: RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER - Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow the construction of a mixed-use development project consisting of 5,029 square feet of commercial/retail space and 5,793 square feet of office space on the property located at 880 Carlsbad Village Drive in Land Use District 2 of the Village Review Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6794 and 6795 RECOMMENDING APPROVAL of RP 10-46 and CDP 10-32 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. The project also requires approval of a Coastal Development Permit because the project is located in the Village segment of the Coastal Zone. In accordance with Major Review Permit procedures, the two permits are being brought forward for a recommendation by the Planning Commission and will be submitted for final approval by the City Council. There are no unresolved issues arid staffs recommendation of approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project consists of a request for a Major Review Permit and Coastal Development Permit to construct a 10,822 square foot, two-story, mixed-use building. Project Site/Setting The project is located at 880 Carlsbad Village Drive on the northwest corner of Carlsbad Village Drive and Harding Street in District 2 of the Village Review zone as shown on the attached location map. The subject property totals 13,699 square feet and is currently vacant. Previously, the site was occupied by a 76 gas station, car wash and small retail building which were demolished within the past few years. All hazardous materials have been cleared from the site. The site is bordered by a two-story office building to the north, a bank across the alley to the RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER Augusts, 2011 PAGE 2 west, a parking lot for the Carlsbad Christian Assembly across Carlsbad Village Drive to the south, and gas station across Harding Street to the east. Proposed Construction The applicant is proposing to construct a two-story, 10,822 square foot mixed-use building consisting of 5,029 square feet of ground floor commercial/retail space and 5,793 square feet of second floor office space. The ground floor will be divided into four suites, three dedicated towards retail uses and one for a coffee shop, tea room, or take-out food establishment. The second floor will be divided to create four office suites and two bathrooms, one with a shower available to employees who choose to ride their bicycle to work. The office suites will utilize tall ceilings and natural light with the use of dormers and windows in a tower featvire of the building. It is anticipated that the enhanced design of the office space will attract architects, graphic artists, interior designers and other professionals in the design field. The building incorporates Craftsman architectural elements with the use of beige vertical siding, extensive use of creek rock on the ground floor, exposed rafters, dormers, decorative vents on the dormers and gable ends, and Craftsman style lighting fixtures. A tower feature provides a focal point for the project at the corner of Carlsbad Village Drive and Harding Street. Large windows accented by canvas awnings are used for the retail space to increase the visibility of merchandise along the storefronts on Carlsbad Village Drive. Portions of the second floor are setback along Carlsbad Village Drive to help reduce the massing of the building and to create balcony space for the offices. Craftsman style windows are enhanced with trim, shutters and flower boxes. In an effort to enhance the pedestrian environment along Carlsbad Village Drive, the building is located close to the sidewalk. This also helps in screening the surface parking lot from Carlsbad Village Drive. Proposed Grading Cut: 300 CY Fill: 186 CY Export: 300 CY 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 hazards 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 2 (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 RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER August 3, 2011 PAGE 3 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 office and commercial/retail uses in an appropriate location within the Village. This in turn 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. The project's 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 will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets. B. Village Review Zone (CMC Chapter 21.35), District 2 (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 Village. The specific development standards for new development within Land Use District 2 are as follows: BuildinR Setbacks The Village Master Plan and Design Manual set forth the standard for the front, rear and side yard setbacks for the property. In Land Use District 2, there are no minimum or maximum side or rear setback requirements, with the exception that at grade parking lots must be set back a minimum of 5 feet from any property line for landscaping purposes. The front yard setback requirement for the ground floor portion of the proposed building is 0 feet, 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 0 feet. However, the setback gradually increases to 4 feet 7 inches as the building meets the west property line. Both the west and east side yards have a zero foot setback while the rear portion of the proposed building has a setback of 47 feet. To approve the project submitted by the applicant, a standards modification will be required to reduce the 10 foot average setback for the second floor to an average of 5.1 feet with the use of balconies, and to reduce the setback requirement for the at grade parking lot from the minimum RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER August 3, 2011 PAGE 4 of 5 feet from any property line to 3 feet 2 inches for landscaping purposes. The applicant has proposed a 3 foot tall green screen fence with vines to assist in hiding the parking area. 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, such as providing for redevelopment of blighted or underutilized properties and/or mixed-use developments. The applicant is requesting a standards modification for the building setbacks and parking. The setback modification will be discussed in this section, and the parking modification will be addressed later in this report. As noted above, the applicant has requested approval of a standards modification to allow for the reduction from a required 10 foot average setback on the second floor to a 5.1 foot average setback. According to the applicant, implementation of the 10 foot average setback requirement will result in a loss of 704 square feet of office space on the second floor, which has a negative impact on the financial feasibility of the development. The request for a standards modification also includes a reduction from a 5 foot setback requirement for the at grade parking lot to a 3 foot 2 inch setback to be used for landscaping only. Without this reduction for the parking landscape area, the building will lose 542 square feet of floor space on the first and second floors, which again impacts the financial feasibility of the development. The applicant has determined that the additional 1,246 square feet of floor area that would be realized with the noted standards modifications for the setback requirements is a necessary incentive in order to construct a building that will receive a silver or higher 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 the redevelopment of a former brown field site, close proximity to public transit, water use reduction, water efficient landscaping, re-use of materials, and the use of regional materials and low-emitting materials. To justify the expense of these development features, the additional square footage of leasable space is necessary. Staff is supportive of the standards modification for the noted setback requirements as the applicant will be constructing a "green" building and providing a well designed, attractive and desirable project in the Village. The proposed development is well articulated with balconies and other interesting design features, which negates the need for the average 10 foot setback on the second floor. In addition, the applicant has proposed an alternate design feature for the parking lot landscaping which will provide adequate screening and appropriate enhancements for the at grade parking lot. Therefore, staff is recommending approval of the requested standards modifications for the noted setback requirements. Building Coverage All projects in Land Use District 2 may have up to 100% building coverage. For the proposed project, the building coverage is 38.13%. Therefore, it satisfies the building coverage standard. Building Height RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER Augusts, 2011 PAGES The maximum building height limit for Land Use District 2 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 2 are required to have a 5:12 roof pitch on at least 50% of the total roof structure. The roof for the proposed project incorporates a 6:12 pitch on the entire roof structure, which ensures its compliance with the roof pitch 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, and, 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 3,344 square feet of open space, which represents 24% of the site and is consistent with the open space standard. Parking The parking requirement for the office and commercial/retail portion of the project is one parking space per 300 square feet of net floor area. A commercial suite on the ground floor has been dedicated for use by a coffee shop, tea room, or take-out food establishment, which has a parking requirement of one space per 200 square feet of net floor area. As designed and without parking standards modifications, the parking requirement for the 8,692 square feet of net floor area of commercial retail/office space is 29 spaces, and the proposed 1,085 square feet for a coffee shop, tea room, or take-out food establishment has a parking requirement of 5 spaces. The total requirement for parking is 34 spaces. The project provides 16 parking spaces in an at grade parking lot at the rear of the building, and is eligible to participate in the Parking-In-Lieu Fee program for an additional 9 spaces at a total cost of $101,160 ($ll,240/space). The applicant is requesting a standards modification for the proposed development to allow for an approximately 27% reduction in the total parking requirement for the development, a decrease in the total parking requirement from 34 to 25, with 16 spaces provided on site and the parking in-lieu fee paid for 9 spaces total. Standards Modification When considering revisions to the Village Master Plan and Design Manual in 2007, the City Council indicated it would give case-by-case consideration to a standards modification that resulted in the reduction of the overall parking requirement for a development if the developer agreed to implement programs that support the use of public/alternate transportation and/or were located within close proximity of public transit. The applicant is requesting the noted parking reduction because the development is located within 1,500 feet of a public bus stop and within !/2 mile of the commuter rail station. In addition, the applicant is constructing a building that will be certified at the LEED silver level which will provide for secure bicycle racks, shower and changing facilities, preferred parking for low-emitting and fuel efficient vehicles and reduced vehicle parking capacity to encourage the use of alternate forms of transportation, including public transportation, for both customers and employees. RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER August 3, 2011 PAGE 6 The applicant understood that there might be some concerns about the reduction in on-site parking, especially during peak periods. Therefore, to help offset the parking reductions, the applicant has voluntarily entered into a parking agreement with the Carlsbad Christian Assembly who owns a parking lot directly across the street (Carlsbad Village Drive) that is not utilized Monday through Saturday. Employees of the development will be encouraged to utilize this church parking lot. This will ensure that more of the on-site parking is available for customers Monday through Saturday. The parking agreement is not proposed as a requirement to meet the parking standard, rather it provides additional parking during the hours and days that parking is anticipated to have the most demand. Staff is supportive of the request for the proposed parking reduction, and recommends approval of this requested standards reduction. The proposed development will assist in the continuing effort to revitalize the Village by providing for: 1) a higher intensity and mixed-use development within walking distance of the transit station; 2) additional retail space in a visually prominent location; 3) well designed office space that will attract high quality tenants; and 4) elimination of a blighting influence of a vacant, underutilized site in the primary entryway to the Village Area. The applicant has been able to provide for an alternate location to park vehicles should the demand exceed the onsite capacity of the development. This helps to ensure that the parking reduction will not have a negative impact on surrounding properties during peak periods and/or times of bad weather. 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 function 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. In addition to the development standards set forth within the Village Master Plan and Design Manual, new developments within the coastal zone of the Village Area must be designed to minimize energy consumption and vehicle miles traveled and provide substitute means of serving developments with public transportation. Developers are required to provide incentives for alternate transit use. As noted within this report, the proposed project has been designed to meet a LEED Silver certification which includes features that minimize energy consumption and encourage the use of alternate transit, such as bicycles and walking by providing for secure bicycle racks, shower and changing facilities, preferred parking for low-emitting and fuel efficient vehicles and reduced vehicle parking capacity. 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 RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER Augusts, 2011 PAGE 7 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. Planning Commission Resolution No.6794 (RP) 2. Planning Commission Resolution No. 6795 (CDP) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement 6. Standards Modification Justification Letters From Applicant 7. LEED Project Checklist 8. Reduced Exhibits 9. Exhibits "A" - "J" dated August 3, 2011 >1 Planning Commission Minutes DISCUSSION Augusts, 2011 Page 4 Commissioner Siekmann stated the proposed project is a much needed improvement for the facility and completely supports the project. / Commissioner Arnold commended everyone for their effort with this projected stated his support of the project. Commissioner Black concurred with his fellow Commissioners and cpfrimended the City for having such a project in the City. He stated his support of the project. Commissioner Scully also concurred with her fellow Commissioners and stated her support of the project. Commissioner Nygaard thanked Staff and the applicajji for their efforts with this project and stated her support of the project. Vice Chairperson Schumacher also stated his^sdpport of the project MOTION ACTION: VOTE: AYES: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6796 recommending approvaKof CUP 10-08, and adopt Planning Commission Resolution No. 6797 approving a Habitat Management Plan Permit (HMP 11-01) based upon the findings anj^subject to the conditions contained therein including the errata sheet. ^O-1 Vice Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann None (BSENT: Chairperson L'Heureux ABSTAIN: None ytce Chairperson Schumacher closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. 2. RP 10-46/CDP 10-32 - SEASIDE VILLAGE CORNER - Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow the construction of a mixed-use development project consisting of 5,029 square feet of commercial/retail space and 5,793 square feet of office space on the property located at 880 Carlsbad Village Drive in Land Use District 2 of the Village Review Zone. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Austin Silva would make the Staff presentation. Vice Chairperson Schumacher opened the public hearing on Agenda Item 2. Mr. Silva gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Schumacher asked if there were any questions of Staff. Commissioner Arnold asked for clarification regarding the parking in-lieu fee. Mr. Silva stated the parking in-lieu program is set up so that developers can purchase credits to satisfy the parking requirements if the parking cannot be satisfied on-site. There are two different zones in the Village Area. This project is located in zone 2 which allows a developer to purchase credits for 25% of the required parking reduction. Commissioner Arnold asked where the parking in-lieu fee goes. Mr. Silva stated the fees go into a fund that is set aside for maintenance and development of existing parking spaces in the Village. Planning Commission Minutes August 3,2011 Page 5 Commissioner Arnold asked if there are any plans for future public parking lots in the area. Mr. Silva stated not in the near future. Commissioner Siekmann inquired about the parking agreement with the Carlsbad Christian Assembly. Mr. Silva stated there is a written agreement between the two parties. The agreement is for the use of nine parking spaces Monday through Saturday and those spaces are to be used by the employees. Commissioner Scully asked if the Commission can require or make it mandatory that the employees park in the lot across the street instead of suggesting it. Commissioner Nygaard suggested the Commission require a limited parking time such as two hours for the on-site parking. Mr. Silva stated that can be looked at if the applicant agrees to it. Commissioner Nygaard asked if the upstairs office space can be combined with the retail space downstairs and what the impacts would be. Mr. Silva deferred the question to the applicant. Vice Chairperson Schumacher asked where district one is in the Village area. Mr. Silva stated it is a couple blocks away. Vice Chairperson Schumacher asked how the parking agreement would be effected if the lot across the street were to redevelop or change ownership. Mr. Silva stated that the property owner for this project would then be forced into a situation where they would have to find those additional nine parking spaces elsewhere in the Village area. Jane Mobaldi, Assistant City Attorney stated that in terms of agreements, typically if the Planning Commission conditions an agreement, that agreement is reviewed later on by the City Attorney and the City Planner. The Commission needs to be specific as to what needs to be included in the agreement. Vice Chairperson Schumacher asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Glenn Mouritzen, 2526 Chatsworth Boulevard, San Diego, gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Schumacher asked if there were any questions of the applicant. Commissioner Siekmann suggested signage in the onsite parking lot to inform patrons of close public parking lots such as the one adjacent to El Polios Maria on Harding Street. Mr. Mouritzen stated he would be agreeable to that. Commissioner Nygaard asked about combining the upstairs and downstairs in some of the spaces. Mr. Mouritzen stated that they do not want to bring retail to the upstairs because it would change the parking count. Commissioner Scully asked if there are any letters of intent for businesses or occupants for the second floor. Elizabeth Speck, 3417 5th Avenue, San Diego, stated there is only letter of intent from Subway for a space on the first floor. Commissioner Black asked if there will be any solar panels on the roof. Mr. Mouritzen stated there will not be enough room with the HVAC equipment. Commissioner Siekmann asked how many bicycle racks there will be. Christina Grierson, 7380 Pomona Way, La Mesa, stated there will be 2 bicycle racks each holding 2 bicycles. There will also be shower facilities to encourage employees to bike to work. Vice Chairperson Schumacher asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Vice Chairperson Schumacher closed public testimony on the item. Planning Commission Minutes August 3,2011 Page 6 DISCUSSION Commissioner Siekmann stated she is happy to see development in the Village area but she has grave concerns regarding the parking situation. Ms. Speck handed out copies of the draft parking agreement to the Commission and the Assistant City Attorney. Ms. Mobaldi clarified that in regards to the parking agreement, it is preferable that the City Attorney review the parking agreement. The Commission can provide direction as to what needs to be included in the agreement, and she will be happy to review the agreement and have it revised if needed. Ms. Mobaldi stated that in the Commission discussion, the Commission needs to clarify whether or not the nine off-site parking spaces are to be for employees. Commissioner Siekmann stated she would like to see in the agreement the nine parking spaces at the church parking lot be used by all the employees in both the retail and office space. She also stated she would like to see the developer also include signage regarding available off-site public parking. Commissioner Nygaard asked for clarification from Ms. Mobaldi regarding signage directing patrons to the parking lot adjacent to El Polios Maria. Ms. Mobaldi stated that she believes that parking lot is for the Harding Community Center although the City has not prevented members of the public from parking there. Commissioner Arnold stated he originally had very mixed feelings regarding this project. However seeing how the project looks, he feels the project will be a great asset to the community and the Village area. Commissioner Arnold agrees with having a requirement for employees to park off-site. He stated he can support the project. Commissioner Black stated he is also concerned about the parking for the project but he can support the project. In regards to the documentation that will be reviewed by the City Attorney's Office, Commissioner Black would be willing to review this project again should the City Attorney have any concerns. Commissioner Scully also stated the building is great but she would like to see the requirement that all employees must park off-site be added in the parking agreement. Commissioner Nygaard asked for clarification regarding employee parking from the Commission. Commissioner Arnold stated that the Commission should define "employee." Commissioner Nygaard stated that because parking is so limited in that area, she would like to see all employees park off-site. Commissioner Siekmann stated she agrees with Commissioner Nygaard. She would like to see all employees and owners park off-site. In response to an inquiry as to whether off-site parking for occupants/employees would still be required, if in the future there is no parking problem, Ms. Mobaldi stated the conditions can always be amended in the future. As a practical matter, if there are problems in the future with the onsite parking, there will be complaints and the City can then review the project at that time. Commissioner Scully stated the requirement should be for all employees regardless if it is for the retail spaces or the office spaces. Commissioner Black asked Ms. Speck if there will be parking on Harding Street adjacent to the building. Ms. Speck stated there will be street parking. Commissioner Black asked if that has been taken into consideration with the parking limitations for this project. Ms. Speck stated it was looked at for overflow parking. She stated she was agreeable to the suggestion for signage directing clientele to the nearest public parking lot as well as requiring all employees to park off-site. Commissioner Black asked if there will be signage to designate the project's parking lot for their customers only. Ms. Speck stated yes. Vice Chairperson Schumacher stated he is in very much in favor of development in the Village area. He is not as concerned with the parking or even the shared parking. He is more in favor of asking the developer to pay the additional parking in-lieu fee for the nine spaces and have that as their mitigation measure. However, Vice Chairperson Schumacher stated he cannot support the project as it stands now. Planning Commission Minutes August 3,2011 Page 7 Ms. Mobaldi suggested hearing from the applicant regarding Vice Chairperson Schumacher's suggestion of paying for the nine parking spaces in the parking in-lieu fee. She stated paying the in-lieu fee for the additional nine spaces is not required by the Master Plan but it can be done voluntarily. Ms. Speck asked how many more in-lieu spaces in addition to the nine already being done. Vice Chairperson Schumacher stated it would be for the other nine spaces. Ms. Speck stated they would not be able to pay for all nine, but they would be willing to pay for some of them. Debbie Fountain, Housing and Neighborhood Services Director, explained the parking in-lieu fee. Back in 2007 when the development standards for the Village area were revised, Staff submitted several ideas for dealing with the parking situation. The parking in-lieu fee program is one way that developers can meet the parking requirement. This project is utilizing several methods to provide parking. One is that the parking is being provided on-site as to what they are able to do with the existing development. They are paying a parking in-lieu fee for a portion of it. Staff is also supporting a standards modification which is another way to reduce the parking requirement. The way the project is recommended to the Commission is that a standards modification not requiring a shared parking agreement for the church. Ms. Fountain stated that the Commission might need to consider that if a shared parking agreement is going to be required or if the Commission is going to require the developer to pay the parking in-lieu fee for the additional nine parking spaces on the church parking lot, then the standards modification finding would not be necessary. Ms. Fountain further stated that if the property owners are conditioned to enter into a shared parking agreement and if for some reason that shared parking goes away, because it would be a condition of approval, then this property owner would be obligated to find those nine parking spaces elsewhere. With a standards modification when the agreement is not conditioned, the property owner would not be obligated to find the nine parking spaces. Ms. Mobaldi added that with the draft parking agreement that was provided by the applicant, it states that weekends are the exceptions so that there will not be a shared parking agreement for the weekends as it is currently negotiated. Ms. Speck stated that the church is open on Sundays and there are occasions when the church holds events on Saturdays. She further commented that the owner of the church property might agree to allow shared parking on the Saturdays in which the church is not holding an event. Commissioner Arnold stated he can support the project with the shared parking agreement and without the standards modification for the parking. Commissioner Siekmann stated she can support the project with the 16 parking spaces, the shared parking agreement for 9 spaces and for 9 parking spaces to be paid with parking in-lieu fee, and no standards modification findings. In addition she would like to include a requirement for signage to the closest public parking lot. Vice Chairperson Schumacher asked Ms. Fountain how nine spaces will be located if the nine parking spaces provided with the shared parking agreement go away because that parking lot gets developed. Ms. Fountain stated in that situation, Staff would need to work with the applicant if the spaces were not found. The project could be brought back before the Commission for amendment. Vice Chairperson Schumacher inquired if the shared parking agreement would be on the title of the property. Ms. Mobaldi stated that a notice of restriction will be filed and recorded with the County Recorder. The notice refers to the conditions of approval for the project. The shared parking agreement will also be recorded on the title. Ms. Mobaldi read into the record 3 additional conditions for the project which capture what the Commission is asking for with the project. The Commission was in agreement with the additional conditions. Mr. Silva directed the Commission's attention to Resolution No. 6795, page 4, condition number 9, and stated it should reference Resolution No. 6794 not Resolution No. 6795. Planning Commission Minutes August 3,2011 Page 8 MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6794 and 6795 recommending approval of RP 10-46 and CDP 10-32 to the City Council based on the findings and subject to the conditions contained therein to include the additional new conditions as stated by the Assistant City Attorney as well as corrected Condition No. 9 of Resolution No. 6795. VOTE: 6-0-1 AYES: Vice Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: Chairperson L'Heureux ABSTAIN: None Vice Chairperson Schumacher closed the public hearing on Agenda Item 2 and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu reminded the Commission that at the next meeting, it will be considering comments on the 11 focus areas in the City as well as the 3 alternative land use plans as part of Phase 2 of the Envision Carlsbad project. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of August 3, 2011, was adjourned at 7:38 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of bad will hold a Public Hearing in the uiy iiouiiui onoi,,.™..., Village Drive, Carlsbad, California, 92008, at 6:00 pm on Tuesday, Septem- ber 13, 2011, to consider approval of Major Village Review Permit RP 10-46and Coastal Development Permit CDP 10-32 to allow the construction of a mixed-use development project consisting of 5,029 square feet of commer- cial/retail space and 5,793 square feet of office space on the property locatedat 880 Carlsbad Village Drive in Land Use District 2 of the of the Village Review 7nneZone. 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 stafl. _!„„„„ /-nntant Austin Silva in the Housing and Neighborhood Services• - ~~.«mant<s in writinc tiUlte B, Oanauaw, \sn «. As a result of the environmental review under the California Environmental '"•-'-"" —«< mo Fnviranmental Protection Ordinance of the City of environmental review under the uaniornia mvnu =,..„, and the Environmental Protection Ordinance of the City of ing Director has determined that the project is categorically v liramant for Dreparation of environmental documents pur-- - -- '-*:» r4*»<alnnman1exempt from me raqunamoiu.-. r.~,suant to Section 15332 of the State CEQA Guidelines as an intin aeveiuymemproject. The City Council will be considering final approval of the environmen- tal determination during the public hearing. • .-*i-- >«„!„, \,iiiana Review Permit anc tal determination uunny .,,<>, „ If you challenge the amendments to the Major Village Review Permit and Coastal Development Permit in court, you^may be limited to raising only those issues I "~" * A N xxx \s\/\ you or someone else raised at the public hearing described in this notice or in writ-ten correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 10-46/CDP 10-32 CASE NAME: SEASIDE VILLAGE CORNER CITY COUNCILPUBLISH: SEPTEMBER 2,2011 net 2299175 September 02nd, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On£his02nd, ofSep Jane Allshouse NORTH COUNTY TIMES Legal Advertising AM3AV-OD-008-1 | ap UJJB ainipei| e| e zandey ap ®091S ®AH3AV lueqeb J3|ad e M BAKER MANAGEMENT INC 259 W SCHROCK RD WESTERVILLE, OH 43081-2874 BANK OF COMMERCE 2800 E LAKE ST MINNEAPOLIS, MN 55406-1930 MOTEL 6 OPERATING L P PO BOX 117508 CARROLLTON, TX 75011-7508 GLENN S CARROLL PO BOX 555 INGLEWOOD, CA 90307-0555 MCFATE 4753 GRAYWOOD AVE LONG BEACH, CA 90808-1020 STEPHANIE BROTZMAN 5242 SAPPHIRE ST ALTA LOMA, CA 91701-1348 F'lTZPATRlCK FAMILY 31338 LAKE VISTA CIR BONSALL, CA 92003-5311 JACKSON 2504 MANCHESTER AVE CARDIFF, CA 92007-2134 LINDA M MEISSNER 1275 HOOVER ST CARLSBAD, CA 92008-4232 BLUE RIVER DOWNING JOSE F JIMENEZ 2860 HOPE AVE CARLSBAD, CA 92008-1894 2820 HOPE AVE A CARLSBAD, CA 92008-1867 2820 HOPE AVE C CARLSBAD, CA 92008-1867 VIRGINIA M PRANGE 2820 HOPE AVE D CARLSBAD, CA 92008-1867 RICHARD ASHTON 2820 HOPE AVE E CARLSBAD, CA 92008-1868 GREGORY S & MICHELLE CAMPBEL1 2820 HOPE AVE G CARLSBAD, CA 92008-1868 MICHAEL R WHEELER 2820 HOPE AVE H CARLSBAD, CA 92008-1868 CITY OF CARLSBAD 3075 HARDING ST CARLSBAD, CA 92008 CITY OF CARLSBAD 3096 HARDING ST CARLSBAD, CA 92008-2320 CARLSBAD VILLAGE PROFESSIONAI 2945 HARDING ST 111 CARLSBAD, CA 92008-1818 CARLSBAD VILLAGE PROFESSIONAI 2945 HARDING ST CARLSBAD, CA 92008-1818 ROBERT J COLES 3111 JEFFERSON ST CARLSBAD, CA 92008-2404 CARLSBAD COMMUNITY CHURCH 3175 HARDING ST CARLSBAD, CA 92008-2402 ALBERT & MARIAN BONILLA 4616 DRIFTWOOD CIR CARLSBAD, CA 92008-3716 GENE S & MARGARET RAY 2959 JEFFERSON ST CARLSBAD, CA 92008-2333 CARLSBAD CHRISTIAN ASSEMBLY 825 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-2319 CARDSBAD CHRISTIAN ASSEMBLY 825 CARLSBAlT~VHjLAGEDR CARLSBAD, CA 92008^-2319 GEORGE W MERKLE 804 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-2318 MCNULTY 4240 SUNKTYHILL DR CARLSBAD, CA 92008-3646 Yi . ZULICK *M* 1687 BRADY CIR CARLSBAD, CA 92008-2574 i Wis6p3 dn-dod asodxa I^MM i oj. auj| 6uo|e puag ^^_ AMINAT SHARIPOVA 130 HEMLOCK AVE A CARLSBAD, CA 92008-8230 r @09tS @|a8d Aseg AM3AV-O9-008-1 ap Ujj,e amipeq ®AM3AV i ja|3d f a| WILLIAM DONOVAN 972 GRAND AVE CARLSBAD, CA 92008-1811 MICHAEL K MURPHY 630 GRAND AVE I CARLSBAD, CA 92008-2364 PACKARD BUILDING PARTNERSHIP 725 GRAND AVE CARLSBAD, CA 92008-2331 CHIN & YU TSAI KEAN R CHILINGIRIAN JOHN G PRIETTO 2958 MADISON ST CARLSBAD, CA 92008-2359 3080 MADISON ST CARLSBAD, CA 92008-2310 3071 JEFFERSON ST CARLSBAD, CA 92008-2309 LEONARD A & M ACCARDI MARASHI CATHY MANGEN 5.158 STEINBECK CT CARLSBAD, CA 92008-4616 2149 TWAIN AVE CARLSBAD, CA 92008-4618 157 MAPLE AVE CARLSBAD, CA 92008-3264 EDMOND T SHEHAB SCANLON ATKIN 2914 AUSTIN TER CARLSBAD, CA 92008-6885 7306 BORLA PL CARLSBAD, CA 92009-7802 3565 TRIESTE DR CARLSBAD, CA 92010-2840 SALVAGIO 3619 BARRANCA CT CARLSBAD, CA 92010-7055 MOJTABA ESFAHANI 14824 VISTA DEL OCEANO DEL MAR, CA 92014-4146 DAVID C & BARBARA BOUTELLE 4939 RANCHO VIEJO DR DEL MAR, CA 92014-4238 JACK B MILLS JEANENE ENTERPRISES INC PHYLLIS E NORMAN PO BOX 991 CARLSBAD, CA 92018-0991 PO BOX 1219 CARLSBAD, CA 92018-1219 PO BOX 1395 CARLSBAD, CA 92018-1395 M & M G PO BOX 1667 CARLSBAD, CA 92018-1667 RAPPAPORT 1460 RAVEAN CT ENCINITAS, CA 92024-6205 PGP CARLSBAD SENIORS LTD II 1120 SILVERADO ST LA JOLLA, CA 92037-4524 DOUGLAS E MACMILLAN 3095 HARDING LLC PGP CARLSBAD SENIORS LTD 1120 SILVERADO ST LA JOLLA, CA 92037-4524 1120 SILVERADO ST LA JOLLA, CA 92037-4524 1120 SILVERADO ST LA JOLLA, CA 92037-4524 DANIEL J & ROSELLA CERDA L W & C HATTER RUGAR GARY & JEANETTE 1915 ANDREWS CT OCEANSIDE, CA 92054-6100 2344 LITTLER LN OCEANSIDE, CA 92056-3713 921 DAVIS ST RAMONA, CA 92065-1711 BANK OF CALIFORNIA LF LARSEN ARIE E DEJONG NORTH COUNTY HEALTH PROJECT : PO BOX 1101 RANCHO SANTA , CA 92067-1101 598 FELICIA LN SAN MARCOS, CA 92069-2069 dn-dod asodxe I oj. auj| 6uo|E puag 150 VALPREDA RD SAN MARCOS, CA 92069-2973 ®091S AM3AV-O9-008-1 uiorAjaAewuvuw i ep UJJB a-inipeu.ap *"3S iueqe6 DOROTHY LOS A 3145 ROADRUNNER RD SAN MARCOS, CA 92078-6141 GASTELUM 323 HILL DR VISTA, CA 92083-6211 CARLSBAD GRAND LLC 701 B ST SAN DIEGO, CA 92101-8101 MARILYN WILSON 4920 COLLINGWOOD DR SAN DIEGO, CA 92109-2243 FIVE COASTAL GEM PROPS LLC 158 C AVE CORONADO, CA 92118-1420 E H S ENTERPRISES LLC 5553 TRINITY WAY SAN DIEGO, CA 92120-4503 MISSION FEDERAL CREDIT UNION SWYS CORP WALEK FAMILY 5785 OBERLIN DR SAN DIEGO, CA 92121-3749 8787 COMPLEX DR 100 SAN DIEGO, CA 92123-1467 1875 BUSINESS CENTER DR SAN BERNARDIN, CA 92408-3433 SOOHOO FAMILY BESAW ALLAHYARI 2506 LIGHTHOUSE LN CORONA DEL MA, CA 92625-1310 34382 STARBOARD LANTERN DANA POINT, CA 92629-2868 19 TIERRA VIS LACUNA HILLS, CA 92653-5325 GOLL FAMILY 12 DURANGO CT A.LISO VIEJO, CA 92656-8068 JACK IN THE BOX INC LF PACIFI W & K THOMPSON PO BOX 7099 NEWPORT BEACH, CA 92658-7099 600 KALORAMA DR VENTURA, CA 93001-2095 JANE M SINGH 52 EL SERENO CT SAN FRANCISCO, CA 94127-1816 JAMES D VITALIE 5557 ALABAMA DR CONCORD, CA 94521-4106 GLORIA BANUELOS 3262 PINOT BLANC WAY SAN JOSE, CA 95135-1142 CAVALEA *** 79 Printed *** 3640 FELIZ CREEK RD HOPLAND, CA 95449-9701 AU3AV wi dn-dod asodxa i 013Uj| 6uo|e puag jadej paaj T siaaen A.H3AV-O9-008-1 3Han-ao,j | ap uye ajnipeq e| ®09I.S ®AN3AV lueqeB a| e CURRENT RESIDENT 3035 HARDING ST CARLSBAD, CA 92008-2321 CURRENT RESIDENT 2945 HARDING ST 111 CARLSBAD, CA 92008-1818 CURRENT RESIDENT 2945 HARDING ST CARLSBAD, CA 92008-1818 CURRENT RESIDENT 2941 HOPE AVE CARLSBAD, CA 92008-1820 CURRENT RESIDENT 2952 HARDING ST CARLSBAD, CA 92008-1815 CURRENT RESIDENT 825 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2319 CURRENT RESIDENT 901 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-1802 CURRENT RESIDENT 802 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2318 CURRENT RESIDENT 840 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2318 "** 11 Printed *** CURRENT RESIDENT 880 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-2318 CURRENT RESIDENT 920 CARLSBAD VILLAGEDR CARLSBAD, CA 92008-1801 I WJ.a6p3 dn-dod asodxa i 01 aui| 6uo|E puag jaded pea-i ®091S Seaside Village CornerRP 10-46/CDP 10-32 Location MapH A R D IN G S T J E F F E R S O N S T GRAND AVH O P E A V AL L EY CARLSBAD VILLAGE DROAK AVJE F F E R S O N S T A L L E Y M AD ISO N ST A L L E Y M A D IS O N S T H A R D IN G S T CARLSBAD VILLAGE DRJ E F F E RS O N S TJEFFERSON S T A L L E Y H O PE AV A L L EY GRAND AVM A D ISO N S T A L L E Y0200100FeetRP 10-46 / CDP 10-32Seaside Village Corner Subject Property Property to the North Property to the East Property to the South Property to the West Proposed Development•Two‐story, 10,822 sq. ft. mixed‐use building•One floor of office space located over street fronting commercial/retail space•LEED Silver Certification  Site Plan Development StandardsStandard Required ProposedSetbacksFront ‐Parking lot‐2ndFloorSidesRear0 feet5 feet10 foot average0 feet0 feet(Standard modification)0 feet3 feet 2 inches5.1 feet0 feet0 feetBuilding Coverage Up to 100% allowed 38.1%Building Height 45 feet with minimum 5:12 roof pitch38 feetOpen Space 20% of site 24% ParkingParking Standard Required Parking Proposed ParkingCommercial/Office –1 space/300 sq. ft. of net floor area29 spaces 25 spaces  on site9  through participation in the Parking In‐Lieu Fee program9 through a shared parking agreementCommercial space forcoffee shop or take out food –1 space/200 sq. ft. of net floor area5 spaces34 spaces total 34 spaces total 3D Perspective ‐Front South and North Elevation East and West Elevations 3D Perspective ‐Rear Recommendation• That the City Council Adopt City Council Resolution Nos. 2011-215 and 2011-216 Approving Major Review Permit RP 10-46 and Coastal Development Permit CDP 10-32.