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HomeMy WebLinkAbout2013-08-27; City Council; 21346; Tram Property RP 13-01CITY OF CARLSBAD - AGENDA BILL 21 AB# 21.346 TRAM PROPERTY DEPT. DIRECTOR AB# 21.346 TRAM PROPERTY CITY ATTORNEY f/^ MTG. 8/27/13 RP 13-01 CITY ATTORNEY f/^ DEPT. CED RP 13-01 CITY MANAGER /ft- RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT City Council Resolution No. 2013-212 APPROVING Minor Review Permit RP 13-01 to allow for the construction of a mixed-use building consisting of a 733 square foot one-family dwelling unit, at a density of 25 dwelling units per acre, above a 359 gross square foot office space on a .08 acre lot located at 3147 Roosevelt Street In District 5 ofthe Village Review zone and within Local Facilities Management Zone 1. Project Application(s) Administrative Approvals Planning Commission City Council RP 13-01 RA X RP 13-02 X AV 13-05 X RA = Recommended Approval X = Final City decision-making authority ITEM EXPLANATION: On July 17, 2013 the Planning Commission held a public hearing for the Tram Property project that is described above. The Planning Commission voted 5-1 (Chairperson Siekmann opposed and Commissioner Scully absent) to recommend approval of RP 13-01 and approve RP 13-02. The project includes the following requests: 1) An Administrative Variance (AV 13-05), approved by the City Planner on July 11, 2013, for a reduction in the side yard setback. 2) A Minor Review Permit (RP 13-02), approved by the Planning Commission on July 17, 2013, to allow a one-car garage and one parking space with a reduced width of six (6) inches to satisfy the parking requirements for the proposed dwelling unit rather than the required two-car garage. 3) A Minor Review Permit (RP 13-01) to allow for the construction of a mixed-use building and to exceed the maximum density. Pursuant to the Village Master Plan and Design Manual, the Planning Commission is the final decision-making authority for Minor Review Permits. However, because the proposed project density (25 dwelling units per acre) exceeds the maximum density of 23 dwelling units per acre for District 5 of the Village Review Zone, the City Council must make three (3) findings In order for the project to be approved. The findings are included in the Planning Commission Resolution 6997 and are incorporated by reference into the approving City Council Resolution. DEPARTMENT CONTACT: Austin Silva 760-602-4631 austin.silva@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 At the July 17, 2013 Planning Commission hearing, staff presented the project and the applicant made a brief presentation. There were no comments from the public. Please refer to the Planning Commission staff report for additional project information. The Planning Commission and staff are recommending approval of the Minor Review Permit to allow for a density of 25 dwelling units per acre. FISCAL IMPACT: No fiscal impacts to the city or public facilities have been Identified. All required improvements and maintenance needed to serve this project will be funded by 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. A Notice of Exemption will be filed upon approval of the project. EXHIBITS: 1. City Council Resolution No. 2013-212 2. Location Map 3. Planning Commission Resolution No. 6997 , 4. Planning Commission Staff Report, dated July 17, 2013 5. Planning Commission Minutes, dated July 17, 2013 6. Administrative Variance (AV 13-05). 2. EXHIBIT 1 1 RESOLUTION NO. 2013-212 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING A MINOR REVIEW PERMIT RP 13-01 TO ALLOW FOR THE CONSTRUCTION OF A MIXED-USE BUILDING 4 CONSISTING OF A 733 SQUARE FOOT ONE-FAMILY DWELUNG UNIT, AT A DENSITY OF 25 DWELUNG UNITS PER ACRE, ABOVE A 5 359 GROSS SQUARE FOOT OFFICE SPACE, A ONE-CAR GARAGE AND ONE COMPACT SIZED UNCOVERED PARKING SPACE ON A .08 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 3147 7 ROOSEVELT STREET IN DISTRICT 5 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: TRAM PROPERTY CASE NO.: RP 13-01 9 6 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning JQ The City Council of the City of Carlsbad, California, does hereby resolve as 11 12 Commission did, on July 17, 2013, hold a duly noticed public hearing as prescribed by law to 14 consider a Minor Review Permit RP 13-01 and adopted Planning Commission Resolution 15 No.6997, recommending approval of Minor Review Permit RP 13-01; and WHEREAS, as a result of an environmental review of the subject project 17 conducted pursuant to the Guidelines for Implementation of the California Environmental 18 ^ ^ Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was 2Q found to be categorically exempt from the requirement for preparation of environmental 21 documents 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 faculties. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 23 24 25 26 27 1. That the above recitations are true and correct. 28 3 1 2. That Minor Review Permit RP 13-01 is approved and that the findings and conditions of the Planning Commission contained In Resolution No. 6997 on file In the City Clerk's office and Incorporated herein by reference are the findings and conditions of the City Council. 4 3. That this action Is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review ofthis decision must be sought Is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable In the City of g Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed In the appropriate court not later than the ninetieth day following the date on 10 which this decision becomes final; however. If within ten days after the decision becomes final a request for the record is filed with a deposit In an amount sufficient to cover the estimated 11 cost or preparation of such record, the time within which such petition may be filed in court Is j2 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written 13 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City ofCarlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 14 15 16 /// /// 17 /// 18 19 20 21 22 23 /// /// /// /// /// 24 /// 25 /// /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 27*^ day of August, 2013, by the following vote to wit: AYES: NOES: Council Members Packard, Wood, Blackburn and Douglas. None. ABSENT: Council Member Hall. MARKVACKARD, Mayor Pro Tem ATTEST: BARBARA ENGLESON, GHfy Clerk EXHIBIT 2 SITEMAP N NOT TO SCALE TRAM PROPERTY RP 13-01 / RP 13-02 EXHIBIT 3 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 PLANNING COMMISSION RESOLUTION NO. 6997 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNLA, RECOMMENDING APPROVAL OF A MINOR REVIEW PERMIT RP 13-01 TO ALLOW FOR THE CONSTRUCTION OF A MDCED-USE BUILDING CONSISTING OF A 733 SQUARE FOOT ONE- FAMILY DWELLING UNIT ABOVE A 359 SQUARE FOOT OFFICE SPACE, A ONE-CAR GARAGE AND ONE COMPACT SIZED UNCOVERED PARKING SPACE ON A .08 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 3147 ROOSEVELT STREET IN DISTRICT 5 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TRAM PROPERTY CASENQ.: RP 13-01 WHEREAS, Price Builders Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Lien Tram, "Owner," described as Lot 24, Block 32 of Town Carlsbad AMD, In the City of Carlsbad, State of California, as filed in the Office of the San Diego County Recorder as Map No. 775 ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Review Permit as shown on Exhibits "A" - "B" dated July 17, 2013, on file in the Planning Division, RP 13-01 - Tram Property as provided by Chapter 21.35.080 ofthe Carlsbad Municipal Code; and • WHEREAS, the Planning Commission did, on July 17, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 B) That based on the evidence presented at the public hearing, the Plarming 3 Commission RECOMMENDS APPROVAL of RP 13-01 - TRAM PROPERTY based on the following findings and subject to the following 4 conditions: 11 21 27 28 Findings; 5 ^ 1. The Planning Commission finds that the project, as conditioned herein, is in y conformance vsdth the Elements of the City's General Plan, based on the facts set forth in the staff report dated July 17,2013, including, but not limited to the following: 8 a. The proposed project is consistent with the goals for the Village, as outlined 9 within the General Plan, because it provides a residential and office use in an appropriate location (Land Use District 5 - Hispanic Mixed-Use Support 10 Area) within the Village. This in tum serves to enhance and maintain the area as a mixed-use neighborhood and encourages greater residential support opportunities in the Village. It also increases the number of housing j2 units within the Village. By providing more residential opportunities, the project helps to create a lively, interesting social environment by encouraging 13 and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial and 14 community uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the residents and employees an 15 opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation 17 corridors. Overall, the new residential unit and office space will enhance the Village as a place for living and working. 18 The existing streets can accommodate the estimated ADTs, and all required 19 public right-of-way has been, or will be dedicated, and has been, or will be improved to serve the development. The circulation has 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 management 22 practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 23 c. The proposed project will not have an adverse impact on any open space 24 within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Area. 25 The proposed project is consistent with the Housing Element of the General 26 Plan and the City's Inclusionary Housing Ordinance, as the project has been conditioned to pay an Affordable Housing In-Lieu fee of $4,515 per unit ($4,515 total). PC RESO NO. 6997 5 2. That the project is consistent with the Village Review Zone and the Village Master Plan 2 > and Design Manual in that mixed-use development is a provisional use within Land Use District 5 of the Village Review 2^ne. Furthermore, the project is consistent 3 with the Village Master Plan and Design Manual in that the proposed project assists in satisfying the goals and objectives set forth for the Village through the following 4 actions: it establishes the Village as a quality working and living environment by increasing the number and improving the condition and appearance of housing units and office space within the Village; and stimulates property improvements and ^ new development in the Village by constructing a new building in a blighted area. y 3. Although the project's density (25 du/ac) exceeds the maximum density (23 du/ac), it is consistent wiih the General Plan and Village Master Plan in that the following findings 8 can be made: 9 a. That the project will provide sufficient additional public facilities for the density in excess of the maximum permitted to ensure that the adequacy of the City's 10 public facilities plans will not be adversely impacted in that there are existing public facilities within Local Facilities Management Zone 1 with sufficient capacity to accommodate the dwelling unit and the applicant will be required 12 to pay a Public Facility fee as required by Council Policy No. 17. 13 b. That there have been sufficient developments approved in the quadrant at densities below their Growth Management Control Points so the approval will not 14 result in exceeding the quadrant limit in that properties in the Village do not use the Growth Management Control Point. Instead they include a minimum (18 du/ac) and maximum (23 du/ac) density range. Therefore, since there is j^ one residential unit proposed for the project, which at 25 du/ac exceeds the maximum density (23 du/ac), one unit would be deducted from the City's 17 Excess Dwelling Unit Bank. There are available units in the Bank for the northwest quadrant to remove one unit. Additionally, per the latest Housing 18 Element update, 828 housing units are allotted for the Village alone. 1^ c. That all necessary public facilities will be constructed, or are guaranteed to be 2Q constructed, concurrently vsdth the need for them created by this development and in compliance with the adopted city standards in that there are existing public 21 facilities within Local Facilities Management Zone 1 with sufficient capacity to accommodate the dwelling unit and the applicant will be required to pay a 22 Public Facility fee as required by Council Policy No. 17. 23 4. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and 24 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 25 facilities; libraries; govemment administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent vsdth need. 27 Specifically, 15 25 28 PC RESO NO. 6997 -3- 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 a. The Public Facility fee is required to be paid by Council Policy No. 17 and vsdll be collected prior to the issuance of building permit. b. All necessary public improvements have been provided or are required as conditions of approval. 5. The Planning Commission has reviewed each of the exactions imposed on the developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. 6. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. Conditions: Note: Unless othervsdse specified herein, all conditions shall be satisfied prior to the issuance of building permits. 1, If any of the foUovsdng conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance vsdth said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Review Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Review Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply vsdth all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for constmction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project vsdthout the condition complies vsdth all requirements of law. PC RESO NO. 6997 -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 6. 8. 10. 11, 12. 13. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Review Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection vsdth the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including vsdthout limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan or other reflecting the conditions approved by the final decision-making body. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 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. This approval is granted subject to the approval of RP 13-02 and is subject to all conditions contained in Planning Commission Resolution No. 6998 for those other approvals incorporated herein by reference. 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. 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 time of the application for the building permit, and that water and sewer capacity and facilities vsdll continue to be available until the time of occupancy. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction 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 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6997 -5- 14. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 2 of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City 3 Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Review Permit by Resolution No. 6997 on the property. Said Notice 4 of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions ^ specified for inclusion in the Notice of Restriction. The City Planner has the authority to ^ execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 15. At issuance of building permits, the Developer shall pay to the City an inclusionary 8 housing (in lieu) fee as an individual fee ($4,515) on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 14 Engineering: 9 10 11 16. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 12 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, general housekeeping 13 practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective ovsoiers and tenants of the above requirements. 16 17. Developer shall complete and submit to the city engineer a Project Threat Assessment 17 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and 1 ^ appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 19 20 21 .. The project is subject to all applicable provisions of local ordinances, including but not limited to 22 the following code requirements: Code Reminders: Fees: 23 24 18. Developer shall pay park-in-lieu fees to the City, prior to the approval of the building 25 permit as required by Chapter 20.44 of the Carlsbad Mtmicipal Code. 26 19. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Coimcil Policy No. 17. 27 28 PC RESO NO. 6997 ^ 20. Prior to the issuance of a building permit, Developer shall pay the Local Facilities 2 Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 3 9 10 13 18 General 21. Approval of this request shall not excuse compliance vsdth all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 7 permit issuance, except as othenvise specifically provided herein. 8 22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE 11 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 12 "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Goverrmient Code Section 14 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 15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 1^ 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 vsdth this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a j9 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6997 -7- 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, Califomia, held on July 17,2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Anderson, Black, L'Heureux, Schumacher and Segall Chairperson Siekmann Commissioner Scully KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 6997 The City of Garlsbad Planning Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 17, 2013 Application complete date: April 26, 2013 Project Planner: Austin Silva Project Engineer: Tecla Levy SUBJECT: RP 13-01/RP 13-02 - TRAM PROPERTY - Request for a recommendation of approval for a Minor Review Permit to allow for the constmction of a mixed-use building consisting of a 733 square foot one-family dwelling unit above a 359 square foot office space and approval of a Minor Review Permit (Variance) for two parking standards to allow a one-car garage and one compact sized uncovered parking space rather than the required two-car garage on a .08 acre lot located at 3147 Roosevelt Street in District 5 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6997 RECOMMENDING APPROVAL of RP 13-01 and ADOPT Planning Commission Resolution No. 6998 APPROVING RP 13-02 based upon the findings and subject to the conditions contained therein. n. INTRODUCTION Pursuant to Section 21.35.080 of the Carlsbad Municipal Code, new constmction of a building within the Village Review zone that has a building permit valuation greater than $60,000 and less than $150,000 requires approval of a Minor Review Permit. The Planning Commission will be recommending approval of Minor Review Permit 13-01 to the City Council because the proposed project exceeds the maximum density, which requires Council approval. In addition, per section 21.35.130(c) of the Carlsbad Municipal Code, the Planning Commission will be acting on the variance request (processed as a separate RP application (RP 13-02) rather than a Variance (V) application in the Village Review zone) for a one-car garage and one compact sized uncovered parking space rather than the required two-car garage. There are no unresolved issues and 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 approval of two Minor Review Permits to allow for the constmction of a 733 square foot one-family dwelling unit above a 359 square foot office space and a variance to two parking standards to allow a one-car garage and one compact sized uncovered parking space rather than the required two-car garage on a .08 acre lot located at 3147 Roosevelt Street. |6 RP 13-01/RP 13-02 - TRAM PROPERTY July 17, 2013 Page 2 Proiect Site/Setting: The .08 acre, rectangular-shaped, 25 foot wide through lot has frontage on both Roosevelt and Tyler Streets. The lot is accessed off a driveway from Tyler Street. It is located on the west side of Rooseveh Street, south of Oak Avenue and north of Pine Avenue within Local Facilities Management Zone 1. An existing 789 square foot office building is located at the front of the property. Two parking spaces are located at the rear of the lot and are accessed off of Tyler Street. The existing office use is credited wdth one commercial parking space through a previous approval to participate in the Parking In-Lieu Fee program (Housing and Redevelopment Commission Resolution No. 483) The subject site is bordered by a one-story commercial building to the north, multi-family residential across Roosevelt Street to the east, single-family residential to the south, and an automotive repair businesses across Tyler Street to the west. Proposed Residential Constmction: The applicant is proposing to constmct a new mixed-use building consisting of a 733 square foot one-bedroom, one-family dwelling over a 359 gross square foot office space, a one-car garage and an uncovered compact parking space. Stucco is proposed as the primary building material with foam pop outs surrounding the windows. A decorative foam band is proposed to visually separate the first and second floors, and the use of decorative corbels assist in providing additional detail on the west elevation. The building color will match the existing beige colored office building with brovsn being used on the bands and trim around the windows. As shovm on the site plan, the project includes an exterior staircase located in the side yard that provides separate access to the second story one-family dwelling so that the future tenant would not have to access the dwelling unit from the first story office. Furthermore, to address disabled parking and accessibility requirements, the project includes a proposed 17 foot wide disabled parking space and loading area at the rear of the lot off of Tyler Street and a 4 foot wide disabled access path along the southem property line which is required to provide disabled access to the existing and proposed offices. Notwithstanding the fact that the subject property is already constrained because of its narrow width, the additional requirement for disabled parking and access further constrains the ability of this property to be developed with an office and residential mixed use project without a variance. IV. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use designation; B. Village Review (VR) Zone (CMC Chapter 21.35), District 5 (Village Master Plan and Design Manual); C. Village Review (VR) Zone Variance (CMC Section 21.35.130); D. Inclusionary Housing; and E. Growth Management. RP 13-01/RP 13-02 - TRAM PROPERTY July 17,2013 Page 3 The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations 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 downtovs^ 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 a mixed-use building in an appropriate location (Land Use District 5 - Hispanic Mixed-Use Support Area) within the Village. This in tum serves to enhance and maintain the area as a mixed-use neighborhood and encourages greater residential support opportunities in the Village. It also increases the number of housing units within the Village. By providing more residential opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial and community uses. The project reinforces the pedestrian-orientation desired for the dovsoitown area by providing the residents and employees an opportunity to walk to shopping, recreation, and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Overall, the new mixed-use building will enhance the Village as a place for living. B. Village Review Zone (CMC Chapter 21.35), District 5 (Village Master Plan and Design Manual) In District 5 of the Village Review zone, mixed-use is provisional use. Provisional uses are those which are permitted subject to discretionary approval of the appropriate decision making authority. They are approved based upon the findings that the use is consistent with the Village vision and goals which were discussed in the previous section. In addition, the ground floor of all approved mixed-use projects shall be devoted to commercial uses, which is the case for the proposed project. The specific development standards for new development within Land Use District 5 and the project's compliance with these standards are shovm in Table "A" below: n RP 13-01/RP 13-02 - TRAM PROPERTY July 17, 2013 Page 4 . TABLE A-VILLAS SE REVIEW - DISTRICT 5 DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 5-10 Feet 15 Feet 9 inches Side Yard Setback 5 Feet 6 Feet - south side 3 Feet - north side (Previously Approved through Administrative Variance AV 13-05) Rear Yard Setback 5-10 Feet 23 Feet Max Building Height 30 Feet w/50% of the roof having a 4:12 roof pitch 23' 1/2" w/50% of the roof having a 4:12 roof pitch Lot Coverage 60-80% 43% Parking Residential: Two-car garage * Office: 2 spaces Residential: One-car garage and one uncovered compact parking space (Variance request) Office: One parking space on-site & one parking space credit previously allowed through the Parking In-Lieu Fee program. Open Space 20% 26.8% Density 18-23 dwelling units/acre 25 dwelling units/acre** *In the Village, required parking for non-residential uses is based upon net building area. In this case, the existing 789 SF office has a net building area of 512 SF. The proposed 359 SF office has a net building area of 224 SF. Therefore the total net office building area is 736 SF (512 SF + 224 SF = 736 SF). The required parking ratio for an office in the Village at this location is 1 space/350 SF of net office building area. Therefore the required parking for the offices is 2.10 spaces (736 SF/ 350 = 2.10 spaces). However, the Village master plan was recently amended (MP 12-01 (A) to allow fractional required parking spaces of .5 or less to be rounded down. Therefore the total required parking for the offices is 2 spaces. **For mixed-use projects in the Village, density shall be calculated based on fifty percent of the developable area. The maximum density for District 5 of the Village Review Zone is 23 dwelling units/acre. In order to approve a development that includes residential density above the maximum, the foUovsdng findings must be made by the City Council: 1. That the project will provide sufficient additional public facilities for the density in excess of the maximum permitted to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. There are existing public facilities within Local Facilities Management Zone 1 with sufficient capacity to accommodate the dwelling unit and the applicant will be required to pay a Public Facility fee as required by Council Policy No. 17. 2. That there have been sufficient developments approved in the quadrant at densities below their Growth Management Control Points so the approval will not result in exceeding the quadrant limit. 6 RP 13-01/RP 13-02 - TRAM PROPERTY July 17,2013 Page 5 Properties in the Village do not use the Grovsrth Management Control Point. Instead they include a minimum (18 du/ac) and maximum (23 du/ac) density range. Therefore, since there is one residential unit proposed for the project, which at 25 du/ac exceeds the maximum density (23 du/ac), one unit would be deducted from the City's Excess Dwelling Unit Bank. There are available units in the Bank for the northwest quadrant to remove one unit. Additionally, per the latest Housing Element update, 828 housing units are allotted for the Village alone. 3. That all necessary public facilities will be constmcted, or are guaranteed to be constmcted, concurrently with the need for them created by this development and in compliance with the adopted city standards. There are existing public facilities within Local Facilities Management Zone 1 with sufficient capacity to accommodate the dwelling unit and the applicant will be required to pay a Public Facility fee as required by Council Policy No. 17. C. Village Review Zone Variance (CMC Section 21.35.130) The applicant is requesting a variance to two parking standards for a one-family residence that requires a two-car garage with a minimum interior dimension of 20' x 20'. Instead of building a two-car garage, the applicant is proposing to constmct a one-car garage (with an interior dimension of 15' x 20') and provide a compact size (8' x 20') uncovered parking space (rather than the required standard size (8.5' x 20') uncovered parking space at the rear ofthe lot. In order to grant a variance for these two parking standards, the following findings must be made: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of other privileges enjoyed by other property in the vicinity and under identical zoning classification; Due to the narrow width of the lot (25 feet) and the requirement to have a minimum 4 foot wide disabled path of travel along the south property line leading to the office spaces, building a required two-car garage (with a minimum interior dimension of 20' x 20') would result in the garage being built with a zero-foot north side-yard setback. A one-car garage as proposed, allows for enough room to include the required minimum 4' wide disabled access from the disabled parking space to the offices while still providing a minimum 3' wide sideyard setback along the northem property line. In addition, it allows for an exterior staircase that accesses the one-family dwelling on the second floor so that the future tenant would not have to access the dwelling unit from the first story of the proposed office. Furthermore, there are other single family residences within the northwest quadrant of the City which are located on similar 25' wide lots which also do not have two-car garages (including some which have been granted variances (V 11-03) and others which are non-conforming). RP 13-01/RP 13-02 - TRAM PROPERTY July 17, 2013 Page 6 With regard to the proposed 8' x 20' compact size uncovered parking space (rather than the required standard size 8.5' x 20' uncovered parking space), the requirement for the 17 foot wide disabled parking space and loading area at the rear of the lot does not leave enough room to accommodate a 8.5' wide regular parking space on this 25' wide lot. 2. That the variance shall not constitute special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding; The granting of the variance to all allow for a one-car garage and an uncovered compact parking space to be built rather than the required two-car garage shall not constitute special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located in that there exist other single family residences within the northwest quadrant of the City which are located on similar 25' wide lots which also do not have two-car garages (including some which have been granted variances (V 11-03) and others which are non-conforming). 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation goveming the subject property; The proposed mixed-use development is a provisional use in District 5 of the Village Review zone. Mixed-use developments can be allowed in District 5 if the ground floor is devoted to commercial uses. The existing building in the front is used as an office, and the ground floor of the proposed new building will be devoted to office as well. The proposed second story residential unit enables the achievement of a mixed use commercial/residential project, thereby satisfying one of the primary objectives of the Village Review zone for District 5. The development of the proposed second story residential unit is not achievable without the proposed parking variance. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans; The proposed variance is consistent with the general plan in that it provides complementary uses such as a combination of residential and commercial uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The variance is also consistent with the Village Master Plan and Design Manual because it helps establish the Village as a quality working and living environment by providing office space and a residential unit on the same lot which provides a live/work opportunity. D. Inclusionary Housing For all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to constmct one single-family residence has been conditioned to pay the applicable housing in-lieu fee for one unit prior to issuance of a building permit. IP RP 13-01/RP 13-02 July 17, 2013 Page 7 TRAM PROPERTY E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table A below. TABLE A - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 3.4767 sq.ft. Yes Library 1.854 sq. ft. N/A Waste Water Treatment 1 EDU Yes Parks .006953 acres N/A Drainage .24 CFS Yes Circulation 10 ADT Yes Fire Station 1 Yes Open Space N/A N/A Schools .325 students Yes Sewer Collection System 1 EDU Yes Water 550 GPD Yes Properties in the Village do not use Growth Management Control Point. Therefore, since there is one residential unit proposed for the project, one unit would be deducted from the City's Excess Dwelling Unit Bank. V. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the General Plan as well as with the Zoning Ordinance (with the approval of the proposed variance), the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project is exempt from further environmental documentation pursuant to Section 15332 of the State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 6997 (RP 13-01) 2. Planning Commission Resolution No. 6998 (RP 13-02) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impacts Assessment Form 6. Disclosure Statement 7. Reduced Exhibits 8. Full Size Exhibits "A" - "B" dated July 17, 2013 BACKGROUND DATA SHEET CASE NO: RP 13-01/RP 13-02 CASE NAME: Tram Propertv APPLICANT: Price Builders Inc. REQUEST AND LOCATION: Request for a recommendation of approval of a Minor Review Permit to allow for the constmction of a mixed-use building consisting of a 733 square foot one-family dwelling unit above a 359 square foot office space and approval of a Minor Review Permit (Variance) for two parking standards to allow a one-car garage and one compact sized uncovered parking space rather than the required two-car garage on a .08 acre lot located at 3147 Roosevelt Street in District 5 of the Village Review zone and within Local Facilities Management Zone 1. LEGAL DESCRIPTION: Lot 24, Block 32 of Town Carlsbad AMD, in the Citv ofCarlsbad, State of Califomia, as filed in the Office of the San Diego County Recorder as Map No. 775 APN: 204-085-03 Acres: M Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Existing Land Use Designation: Village (V) Proposed Land Use Designation: Village (W) Density Allowed: 18-23 du/ac Density Proposed: 25 du/ac Existing Zone: Village Review (VR), District 5 Proposed Zone: Village Review (VR), District 5 Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site VR, District 5 Village Office North VR, District 5 Village Commercial South VR, District 5 Village Residential East VR, District 5 Village Residential West VR, District 6 Village Commercial LOCAL COASTAL PROGRAM Coastal Zone: Q Yes ^ No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: O Yes ^ No Coastal Development Permit: O Yes ^ No Local Coastal Program Amendment: Q Yes |3 No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): \_ ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Section 15332 - Infill Development Proiect I I Negative Declaration, issued I I Certified Environmental Impact Report, dated_ I I Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Tram Proi^ertv - RP 13-01/RP 13-02 LOCAL FACILITY MANAGEMENT ZONE: i GENERAL PLAN: Village (W) ZONING: Village Review (Y-R\ District 5 DEVELOPER'S NAME: Lien Tram ADDRESS: 3147 Roosevelt Street PHONE NO.: 760-434-9755 ASSESSOR'S PARCEL NO.: 204-085-03 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 1 DU/359 sq.ft. of office ESTIMATED COMPLETION DATE: Winter 2013 A. City Administrative Facilities: Demand in Square Footage = 3.4767 B. Library: Demand in Square Footage = 1.854 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU D. Park: Demand in Acreage = .006953 E. Drainage: Demand in CFS = ^24. Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = i0_ (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 1 H. Open Space: Acreage Provided = N/A I. Schools: .325 (Demands to be determined by staff) J. Sewer: Demands in EDU 1 EDU Identify Sub Basin = IG (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 550 GPD Properties in the Village do not use Growth Management Control Point. Therefore, since there is one residential unit proposed for the project, one unit would be deducted from the City's Excess Dwelling Unit Bank. 2^ 1 DISCLOSURE Development Services STATEMENT Planning Division ^ CITY OF CARLSBAD P-1(A) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following Information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this Information Is completed. Please print. Note: Person is defined as "Any Individual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and cbunty, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest In the application: If the applicant includes a corporation or partnershio. Include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publlclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person Z/^/1 7"' 77*4^ Corp/Part Title /n4ii/iJy<iJ Title Address ^n^:>/^/'^»./^ 4ji£>2y Address. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership Interest in the property involved. Also, provide the nature of the legal ownership (I.e., partnership, tenants In common, non-profit, corporation, etc.). If the ownership Includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Lteyi T- Trd^ Corp/Part Title ti^JiviJu^ f Title Address /^// A/^jaii/n^ frve.tiyt^ Address. P-1 (A) Pagel of2 Revised07/10 ^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person idenfified pursuant to (1) or (2) above is a nonprofit oroanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organizafion or as trustee or beneficiary of the. Non Proflt/Trust_ Tifie Non Profit/Trust Tifie Address Address Have you had more than $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes No If yes, please indicate person(s): NOTE: Attach addifional sheets if necessary. I certify that all the above information Is true and correct to the best of my knowledge. 1^ ^yti^ (^jdjm Signature of owner/date ' annli/^anf/Hoto ' Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 WCfNflY MAP OPSN SPACE mcwrnwp. imaon NORTH ELEVATION SCALE 3/16"=I'-O" WEST ELEVATION supt/mrmai GENERAL NOTES GENERAL NOTES mat TV STMTT CP HORK MC HOTTT weFMraaamHaBm osTJurrefitm. OMUL catnuam TV tarr UXATKH AM> tmrntir CP Ml pporms AffKim Brim muBcrmm nsmra AfwomiHia PESION INFORMATION; aecr OL-m (tar KOP) DL^CVUKOP) IMP f*ammmj Float BL'B SCOPE OF WORK Gemnxrai CF mt STWcrm cooame er misw^FmrtamsniBTMemem tEGUU. DESCRIPTION UffH BU3X S2 OP TCHH CMILSOAD MC, mmcarromtmui STAH CF auFom, xs rttv K Twcmxcp TuestMomJcatfrr KBcawa AS mp m. m ASSESSORS PARCEL 204-083-OS-OO FLOOR AREAS orwat APOTKH im PKOKT aui ccmr Htm T« x» airam mcBiTUL eat flx^ XVOUKHU SHm amam sTMOtm aioi, im aujpam cemmxnoN v-e auLOMeceoe. aKX» PROJECT # RP 13-01/RP13-02 rmamtiuaf AREA TABULATIONS INDEX I purr run M£» TMUATW^. mun SOUTH ELEVATION SCALE 3/16'= 1'-Cr EASt ELEVATION PLOT PLAN SCALE 1"= lO'-O" EXISTING FLOOR PLAN PROPOSED FIRST FLOOR PLAN PROPOSED SECOND FLOOR PLAN SCALE 1"=4'-0" Planning Commission Minutes July 17,2013 Page 4 3. RP 13-01/RP 13-02 - TRAM PROPERTY - Request for a recommendation of approval for a Minor Review Permit to allow for the construction of a mixed-use building consisting of a 733 square foot one-family dwelling unit above a 359 square foot office space and approval of a Minor Review Permit (Variance) for two parking standards to allow a one- car garage and one compact sized uncovered parking space rather than the required two-car garage on a .08 acre lot located at 3147 Roosevelt Street in District 5 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner L'Heureux asked if the existing structure will remain and if the new structure will be above that. Mr. Silva stated the existing structure will remain on the property, with an addition of the residential unit above the 359 square foot office space in a new building, including a one-car garage. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Al Liebovitz, 1214 Neptune Ave, Encinitas, gave a brief presentation and stated he would be available to answer any questions. Chairperson Siekmann asked if there were any questions of the applicant. Commissioner Schumacher asked how the existing structure will blend with the new proposed structure. Mr. Liebovitz stated that the new structure will be the same color. Some renovations have been made to the existing structure including paint, new windows, new roof, landscaping, and foundation. Chairperson Siekmann asked if there were any further questions of the applicant. Seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 3. Seeing none. Chairperson Siekmann opened and closed public testimony. DISCUSSION Commissioner Schumacher stated that while he is not generally in favor of variances, he can understand the need for it with this project. He stated he can support the project. Commissioner Segall stated he can support the project. Commissioner L'Heureux stated he can support the project. Commissioner Anderson stated she too can support the project. Commissioner Black stated he can support the project. Chairperson Siekmann stated that because of the three requested variances, she cannot support the project. Planmng Commission Minutes July 17,2013 Page 5 MOTION ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6997 recommending approval of RP 13- 01 and adopt Planning Commission Resolution No. 6998 approving RP 13-02 based upon the findings and subject to the conditions contained therein. VOTE: 5-1-1 AYES: Vice Chairperson Black, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Schumacher and Commissioner Segall NOES: Chairperson Siekmann ABSENT: Commissioner Scully ABSTAIN: None Chairperson Siekmann closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. RP 12-31/CDP 12-28/CUP 13-04 - BLUEWATER - Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit, and approval of a Conditional Use Permit and Coastal Development Permit to allow for the demolition of all existing structures on site and the construction of a 6,637 gross square foot restaurant with a microbrewery and 22 space parking lot on the property located at 3056 Carlsbad Boulevard in Land Use District 9 of the Village Review Zone and the R-3 zone in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Austin Silva would make the staff presentation. Mr. Silva gave a brief presentation and stated he would be available to answer questions. Chairperson Siekmann asked if there were any questions of Staff. Commissioner Black asked if the applicant has discussed any times of delivery. Mr. Silva stated that details of the restaurant operations have not been figured out as the applicant has not selected a manager. Commissioner Black proposed a condition for deliveries to be between 7:00 a.m. to 9:00 p.m. Commissioner Anderson inquired about the project without the standards modification for the setbacks. Mr. Silva stated that a standards modificafion would help maximize the interior restaurant space. Commissioner Anderson stated she does not like the proposed hours of operation. Commissioner Segall asked if a standards modification is a variance. Mr. Silva explained the difference of the two which indicates that a variance is a property with site constraints such as a narrow lot and a standards modification is typically for a standard lot without constraints. Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Buck Thompson, representing PiArc Design, La Jolla, stated he would be available to answer any questions. Barry Blue 11, CEO of Bluewater Restaurant and Micro-Brewery, introduced himself and stated he would be available to answer any quesfions. Bob Sukup, civil engineer, introduced himself and stated he would be available to answer any questions. . , ( EXHIBITS 4^ CTY OF flFILE VXARLSBAD LJTILC Community & Economic Development www.carlsbadca.gov July 11, 2013 Price Builders, Inc. Attn: Leo Finkelstein 6351 Nancy Ridge Drive San Diego, CA 92121 SUBJECT: AV 13-05 - TRAM PROPERTY The City Planner has completed a review of your application for an Administrative Variance (AV 13-05), at 3147 Roosevelt Street to allow for a reduction in the width of the north side yard setback from the required five (5) feet to three (3) feet. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findmgs required for granting an Administrative Variance can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That because of special circumstances applicable to the subject property, mcluding size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property In the vicinity and under identical zoning classification in that due to the narrow width of the lot (25 feet) and the requirement to have a minimum four (4) foot wide disabled path of travel along the south property line leading to the office spaces, providing the required five (5) foot setback would impede upon the required disabled path of travel, or result in a narrow building width of 14 feet. Additionally, there are other single-family residences within the northwest quadrant of the city which are located on similar 25' wide lots which also have been granted variances for reduced side yard setbacks. 2. That the variance shall not constitute a grant of special privileges Inconsistent with the limitations upon other properties In the vicinity and zone In which the subject property is located and Is subject to any conditions necessary to assure compliance with this finding in that the granting of a variance to allow for a reduction in the north side yard setback from five (5) feet to three (3) feet shall not constitute special privileges inconsistent with the limitations upon other properties In the vicinity and zone in which the subject property is located in that there are other single family residences within the northwest quadrant of the City which are located on similar 25' wide lots which also have been granted variances for reduced side yard setbacks. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property In that the proposed mixed-use development is a provisional use in District 5 ofthe Village Review zone. Mixed-use developments can be allowed in District 5 if the ground floor is devoted to commercial uses. The existing building in the front is used as an office, and the ground floor of the proposed new building will be devoted to an office use as well. The proposed second story residential unit creates a mixed-use commercial/residential project, thereby satisfying one of the primary objectives of the Village Review zone for District 5. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the proposed variance is consistent with the General Plan Land Use Element in that it provides complementary uses such as a combination of residential and Planning Division 51 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® AV 13-05 - TRAM PROPERTY commercial uses to generate pedestrian activity, to create a lively, interesting social environment and a profitable business setting. The variance is also consistent with the Village Master Plan and Design Manual because it helps establish the Village as a quality working and living environment by providing office space and a residential unit on the same lot which provides a live/work opportunity. Conditions: 1. Approval is granted for AV 13-05 as show on Exhibits "A" - "B", dated July 11, 2013, on file In the Planning Division and Incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed In the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in Interest that the City of Carlsbad has issued an Administrative Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for Inclusion In the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in Interest. 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. 4. 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 time of building permit Issuance, except as otherwise specifically provided herein. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted In writing to the Planning Commission at 1635 Faraday Avenue In Carlsbad, along with a payment of $638.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. CHRIS DeCERBO Principal Planner CD:AS:sm c: Lien Tram, 3039 Jefferson Street, Suite E, Carlsbad, CA 92008 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Data Entry/DMS File Copy Morgen Fry From: Shannon Werneke Sent: Monday, July 22, 2013 5:09 PM To: Morgen Fry Co: City Clerk Subject: CUP Code Amendments, GPA 11-05/ZCA, correspondence received Hi Morgan, Please see attached email I received regarding the CUP Code Amendment being considered by CC tomorrow night. Mr. Tucker requested that it be forwarded to Council for their reference. Thanks, All Receive - Agenda Item # 2j_ Shannon Po^ the Information of the: . CITY COUNCIL ACM^QA_Jgr CC CARLSBAD Planning Division Shannon Werneke Associate Planner 1635 Faraday Avenue Carisbad, CA 92008 www • ca rlsbadca .gov P: 760-602-4621 Shannon.Werneke@carlsbadca.gov From: Larry Tucker [mailto:Tucker@GTPCenters.coml Sent: Monday, July 22, 2013 4:49 PM To: Shannon Werneke Cc: 'Steve Grant' Subject: GPA 11-05/ZCA Dear Shannon, Grant Tucker Properties Is the developer of the Albertson's anchored La Costa Plaza (NEC El Camino Real and La Costa Avenue), which Is In the C-L zone. Grant Tucker Properties continues to own 5 buildings In La Costa Plaza. 1 have a couple of suggested changes to Table A of Section 21.31.030 of the Carlsbad Municipal Code (C-L, Local Shopping Center Zone, Permitted Uses). Before I get to those suggestions, 1 would first like to commend the staff and the Council for dedicating time and resources to ensuring that obtaining permits in Carisbad takes no more time or money than is necessary in the circumstances. Many cities do not embrace the philosophy of moving approvals to the lowest appropriate level. Carlsbad is a good place to do business because it looks for ways to make the permitting process more efficient while not sacrificing necessary regulation. In looking at the tables published in the staff report, some of the language that appears in the C-l zone would seem equally applicable in the C-L zone. 1. The C-l zone allows "Athletic clubs, gymnasiums, health clubs and physical conditioning businesses," yet the C-L zone only allows "Athletic clubs, gymnasiums and health clubs." Are physical conditioning businesses not allowed in the C-L zone? Why the difference? Physical conditioning businesses such as personal training businesses and yoga studios should be allowed in the C-L zone as they are often less intense uses than athletic clubs. They have become distinctively neighborhood uses. 1 suggest the same language be used in the C-L zone as In the C-l zone. 2. The C-l zone allows: "Doctors, dentists, optometrists, chiropractors and other practicing the healing arts for human beings...." Yet the C-L zone only provides "Medical uses (excluding hospitals), including offices for medical practitioners, clinics...." Are dentists, optometrists, chiropractors and say acupuncturists not allowed In the C-L zone? Again, these are neighborhood types of uses and should be explicitly called out in the C-L zone as they are in the C-l zone. I realize an argument can be made that those uses are allowed in the C-L zone; but an argument could also be made that they are not since the C-l zone text uses specific language, but that same language was not used in the C-L zone text, and therefore there must have been a difference Intended, otherwise the same language would have been used in the C-l zone and the C-L zone. From a legal standpoint. It is not a good idea to use different language to mean the same thing In one code. Please pass my comments along to the City Council, unless you agree with my suggestions and staff recommends the changes to the City Council that I am requesting. Sorry for getting this to you so late, but for some reason I neglected to check this when the matter went through the Planning Commission. The rest ofthe language In the C-L zone amendment seems fine. If I am missing something, please let me know. Thank you. Best regards. Grant Tucker Properties By: Larry Tucker (949) 251-2045 A. <« >S'Ji CITV OF CARLSBAD ERRATA SHEET FOR AGENDA ITEM #21 zi Memorandum ... p^eceive - Agenda ^'^^^^ r^ Forthe information of the. a„c..nc. S^'^-^'^ From: Shannon Werneke, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #21, GPA 11-05/ZCA 09-03/LCPA 09-02 CUP CODE AMENDMENTS Staff Is requesting that the City Council include a revision to Ordinance No. CS-225. Specifically, Ordinance No. CS-225 should be revised to add the following changes to the footnotes for Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) of the Carlsbad Municipal Code: Note (applicable to properties located outside ofthe coastal zone): 1. Business and professional offices which are primarily not retail in nature and are compatible with the industrial uses In the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined In Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted In the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. 4. A primary retail use shall cater to or support the Industrial and office uses in the P-M zone. Note (applicable to properties located within the coastal zone): 1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the CaHsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. Community & Economic Development 1635 Faraday Ave. I Carisbad, CA 92008 I 760-602-2710 I 760-602-8560 fax 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 ORDINANCE NO. CS-225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO AMEND THE TEXT OF THE INTENT AND PURPOSE. ADD A "RETAIL- ACCESSORY USE..." CATEGORY AND SEPARATE FOOTNOTES TO THE PLANNED INDUSTRIAL (P-M) ZONE FOR PROPERTIES LOCATED OUTSIDE OF THE COASTAL ZONE. CASE NAME: CUP CODE AMENDMENTS CASE NO.: ZCA 09-03/LCPA 09-OP WHEREAS, In July 2009, the Development Review Process (DRP) Working Group was formed with the purpose of Identifying ways to improve the efficiency of and user experience with the development review process; and WHEREAS, in November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop; and WHEREAS, at said workshop, the City Council directed staff to Implement the nine Initiatives Identified in the DRP Working Group's Summary Recommendafions Report; WHEREAS, the majority of Zoning Ordinance amendments contained herein implement one of the nine initiatives identified by the DRP Working Group; WHEREAS, it is the desire of City Council to create a separate Intent and Purpose. "Retail- accessory use...." Category, and separate footnotes in the Planned Industrial (P-M) zone for properties located outside the coastal zone; NOW THEREFORE. The City Council of the City of Carlsbad. California, does ordain as follows: SECTION I: That Section 21.34.010(1) (Intent and Purpose. P-M, Planned Industrial Zone) is proposed to be amended as follows: The intent and purpose of this chapter is to accomplish the following: (1) a. For properties located within the boundaries of the coastal zone: Allow the location of business and light industries engaged primarily in research aiid/or testing, compatible light manufacturing, business and professional offices when in engaged in activities associated with corporate offices or in activities whose primary purpose is not to cater directly to the general public, and certain commercial uses which cater to and are ancillary to the uses allowed in this zone; or b. For properties located outside the boundaries of the coastal zone: 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 Allow the location of business and light Industries engaged primarily in research and/or testing, compatible light manufacturing, and business and professional offices; allow certain commercial/retail uses which cater to. support, or are accessory to the uses allowed in this zone; and allow flexibility for other select uses (I.e., athlefic clubs/gyms, churches, daycare centers, recreafion facilities, etc.) when found to be compafible with the P-M zone through the issuance of a Condifional Use Permit. SECTION ll: That Table A of Section 21.34.020 (P-M, Planned Industrial Zone. Permitted Uses) is amended to add the following use: Use P CUP Acc Retail, accessory use, including tasting/sampling rooms, showrooms, miscellaneous retail, up to 20% of the gross floor area of the building or suite (as applicable) or 2,000 square feet, whichever Is less (see note 3 below) (applicable only to properties located outside of the coastal zone) 1 SECTION III: That the footnotes of Table A of Section 21.34.020 (P-M, Planned Industrial Zone, Permitted Uses) are replaced with the following footnotes: Note (applicable to properties located outside of the coastal zone): 1. Business and professional offices which are primarily not retail In nature and are compafible with the Industrial uses In the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined In Section 8.09.020 of the Carlsbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. 3. The retail use shall be accessory to the permitted use and wholly contained within the building. All products for retail sale shall be produced, distributed, and/or warehoused on the premises. No outdoor display of merchandise or retail sales shall be permitted unless customarily conducted in the open. Parking for the accessory retail use shall be determined based on the parking requirement for the primary use pursuant to CMC Chapter 21.44. 4. A primary retail use shall cater to or support the industrial and office uses in the P-M zone. Note (applicable to properties located within the coastal zone): 1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity. 2. Any use meeting the definition of an entertainment establishment, as defined in Section 8.09.020 of the Carisbad Municipal Code (CMC), shall be subject to the requirements of CMC Chapter 8.09. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. -3- 1 INTRODUCED AND FIRST READ at a regular meefing of the Carlsbad City 2 Council on the day of 2013, and thereafter. 3 4 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 5 Carisbad on the day of 2013, by the following vote, to wit: 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 14 15 22 23 24 25 26 27 28 CELIA A. BREWER, City Attorney ^6 MATT HALL, Mayor 17 18 19 2^ BARBARA ENGLESON. City Clerk 21 (SEAL) -4- U-T SanTDtego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she isandatall times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that he is not a party to, nor interested in the above entitled matter; that he is Chief Clerk for the publisher of The San Diego Union-Tribune - North County a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: August 17^2013 7 Cliief Cleric for tlie Publislier Jane Allsliouse I certify under penalty of perjury under the Laws of the State of California that the foregoing is true and correct, and that this affidavit is executed on August 19"", 2013 in the City of Oceanside, California. NOftcii UP' FUBLIC HEAK* Iii91l*^^ t^^f^I^Y to you, because your in-fterest may be affected, that the City Council of the ^•'.^^2^ ^°J''^'^M'','^°!^ ° public heairtng at the Coun-r«ii*« „• 120pcarlsbpd Village Drive, Carlsbad, ^^^^J^^i^ *?" Tuesdoy> Augu$t 27* 2013, to consider approval of a Minor Review Pernnit to dilow for the construction of a mixed-yse building consisting of a 733 square foot onte-™° 359 square foot office space on a .08 acre lot located, at 3147 Roosevelt Street in District 5 of the Vil-age Review, zone and within Local Facilities Management Zone 1 and more particularly described as: •uMcincm z.une Lot 24, Block 32 of Town Carlsbad AMD, In the City of Carlsbad, &°de?SsK°No'l/f' °' mteion^,«t1w c'Y V- 2°^3 ^j^y °f Carlsbad Planning Com-mission voted 5-1 to recommend approval of a Minor Review Permit to allow for the construction of a mixed-usrbuilding con-ion!,"^ of a 733 square foot one-family dwelling unit above a 359 square foot off ice space on a .08 acre lot located at 3147 Roose-r^U^L^^^l"- ^'IP""^ 5 °f Village Review zone and withfn f!?<=.'''t!?s Management Zone 1. The proiect qua if ies as a ?ection 15332 (In-Fill Dev^lipment Pro^^^^^ Class 32 Categorical Exemption. "Mmem rroiecis; Those pfersons wishing to speak on this proposal are cordially in-vited to attend the public hearing. Copies of the agenda l?l will be available on and after August 23, 2013. If you have any ques-f ^4?^'" Si'va in the Planning Division at (760) 602-4631 Or austin.silva@carlsbadca.gov . the Minor Review Permit in court, yoii may be i'hT'I>!lf° "^^'^'^-^ °"Jy ^^^^ 'ssues you or someone else raised at the public hearing described in this notice or in written corre-spondence delivered to the City of Carlsbad, Attn^ City cierk'« nlll^^irM^^ ^^-^^^"^ Village Drive, Ca?lsba£ GA 92008, at or prior to the public hearing. CASE FILE: RP 13-01 CASE NAME: TRAM PROPERTY CITY OF CARLSBAD/CITY COUNCIL pub- 8/17/2013 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carisbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carisbad, Califomia, at 6:00 p.m. on Tuesday, August 27, 2013, to consider approval of a Minor Review Permit to allow for the construction of a mixed-use building consisting of a 733 square foot one-family dwelling unit above a 359 square foot office space on a .08 acre lot located at 3147 Roosevelt Street in District 5 of the Village Review zone and within Local Facilities Management Zone 1 and more particulariy described as: Lot 24, Block 32 of Town Carisbad AMD, In the City of Carisbad, State of Califomia, as filed in the Office ofthe San Diego County Recorder as Map No. 775 Whereas, on July 17, 2013 the City of Carisbad Planning Commission voted 5-1 to recommend approval of a Minor Review Permit to allow for the construction of a mixed-use building consisting of a 733 square foot one-family dwelling unit above a 359 square foot office space on a .08 acre lot located at 3147 Roosevelt Street in District 5 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after August 23, 2013. If you have any questions, please contact Austin Silva in the Planning Division at (760) 602-4631 or austin.silva@carlsbadca.gov. If you challenge the Minor Review Pennit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carisbad, Attn: City Clerk's Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or priorto the public hearing. CASE FILE: RP 13-01 CASE NAME: TRAM PROPERTY PUBLISH: August 17, 2013 CITY OF CARLSBAD/CITY COUNCIL SITEMAP N NOT TO SCALE TRAM PROPERTY RP 13-01 / RP 13-02 luo^'AjiaAe'/vvAAM CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 I ap u^e aini|3ei( e| f Z8i|da)| SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN IVIARCOS CA 92069-2949 CITYOF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRia 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND WILDUFE 3883 RUFFIN RD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE 310 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 U.S. FISH & WILDUFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION AHN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBUC WORKS/ENGINEERING DEPT- PROJECT ENGINEER cm OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 <s>09is ®AUBA\f f «ua5pa dn-dod asodxa t o) auji 6uo|e puag <g)09l.S 9iB|dujei @AjaAV asn ! Ui03'AjaAe*MMM I ap u{|e ajnqseq e| zat|da)j ap suas • @09is ®AU3AV lueqeo a| zasiim ja|dd f saipe^ sauanbi) CIRCLE K STORES INC PO BOX 52085 PHOENIX, AZ 85072-2085 RICHARD M MORET 6114 E MIRAMAR DR TUCSON, AZ 85715-3006 DAVID & PAMELA BASILA 3950 N HILLWOOD CIR TUCSON, AZ 85750-2472 T & J L P 1909 COLORADO AVE SANTA MONICA, CA 90404-3413 PUBLIC STORAGE OF CARLSBAD II 701 WESTERN AVE GLENDALE, CA 91201-2349 ACUNA FAMILY *B* 91 MAYNARD AVE NEWBURY PARK, CA 91320-4259 JERRY PETERS 270 LISZT AVE CARDIFF BY TH, CA 92007-2310 THOMAS D & LUCINDA VIGNE 3880 HIBISCUS CIR CARLSBAD, CA 92008-3379 HANDS-SAVE JOIN 3528 MADISON ST CARLSBAD, CA 92008-5034 ROOSEVELT VILLAGE LLC 3 957 JEFFERSON ST CARLSBAD, CA 92008-4118 DECEDENTS SIMS 2820 WILSON ST CARLSBAD, CA 92008-1531 CITY OK,CARLSBAD 1200 CARbSJBAD VILLAGE DR CARLSBAD, C)^x92008-1949 JANICE B MULLIGAN 1620 CHESTNUT AVE CARLSBAD, CA 92008-2613 GEORGE R & JACKYE WILLIS 2050 LAURIE CIR CARLSBAD, CA 92008-2023 MATTHEW HALL 2604 BL CAMINO REAL 334 CARLSBAh. CA 92008-1205 MATTHEW HALL 2604B EL CAMINO REAL 334 CARLSBAD, CA 92008-1214 SARA C TERAN 305 DATE AVE CARLSBAD, CA 92008-7432 JOYCE JAMES 3931 GARFIELD ST CARLSBAD, CA 92008-4036 SHEILA OROURKE 244 CHINQUAPIN AVE A CARLSBAD, CA 92008-7413 3 044 STATE STREET LLC 300 CARLSBAD VILLAGE DR 108A CARLSBAD, CA 92008-2990 KATHLEEN M CLARK 3060 STATE ST CARLSBAD, CA 92008-2314 JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD, CA 92008-3017 JEFFREY J HARRINGTON 515 PINE AVE C CARLSBAD, CA 92008-3014 JAVIER A & JOHN URETA 3280 ROOSEVELT ST CARLSBAD, CA 92008-3041 BRETT SAVAGE 32 55 ROOSEVELT ST CARLSBAD, CA 92008-3042 DIANE K DOWLING 3258 TYLER ST CARLSBAD, CA 92008-3053 JOSE A & SYLVIA VALADEZ 3234 ROOSEVELT ST CARLSBAD, CA 92008-3041 JOEL A URETA 32 80 ROOSEVELT ST CARLSBAD, CA 92008-3041 RAMON A KPLALONA 3267 MADISON ST CARLSBAD, CA 92008-3036 WAHLRAB 3228 MADISON ST CARLSBAD, CA 92008-3035 f Mxa6p3 dn-dod asodxa I oi dU]| &uo|e puag ®Q9l.S atejduiai @>tiaAV asn UI03'AjaAe'MAAM ap u{fe ajni|3eti e| ^ zaifda^ ap suas • @09i.s ®Alj3AV «ueqet3 a| zasfnif REYNALDO & REGINA BARRERA 3221 MADISON ST CARLSBAD, CA 92008-3036 STEVE F RODRIGUEZ 3207 MADISON ST CARLSBAD, CA 92008-3036 M MUNOZ 3250 ROOSEVELT ST CARLSBAD, CA 92008-3041 GUADALUPE MARTINEZ 3274 ROOSEVELT ST CARLSBAD, CA 92008-3041 RAMIREZ FAMILY 735 PINE AVE CARLSBAD, CA 92008-2428 WAHWB 3228 MMDISON ST CARLSBAISL CA 92008-3035 MIGUEL & FRANCISCA GONZALEZ 3119 MADISON ST B CARLSBAD, CA 92008-3028 JIM & MARYANN GREENE 3143 MADISON ST CARLSBAD, CA 92008-3026 JOHN C & PATRICE WALTERS 3167 MADISON ST CARLSBAD, CA 92008-3002 SANTANA 3183 MADISON ST CARLSBAD, CA 92008-3 002 JOSEPH S & ROSIE FRIEDRICHS 3160 ROOSEVELT ST CARLSBAD, CA 92008-3017 JESSICA DU SHAUNE 3150 ROOSEVELT ST CARLSBAD, CA 92008-3017 LIEM T TRAM 3147 ROOSEVELT ST CARLSBAD, CA 92008-3018 FELIPE BETANCOURT 3903 JAMES DR CARLSBAD, CA 92008-2603 ATKIN 3565 TRIESTE DR CARLSBAD, CA 92010-2840 JOHN C WALTERS 6856 WIDGEON PL CARLSBAD, CA 92011-5005 GULZAR S HUNJAN 13790 NOB AVE DEL MAR, CA 92014-3344 DAVID C & BARBARA BOUTELLE 493 9 RANCHO VIEJO DR DEL MAR, CA 92014-4238 WILLIAM & ELLEN SCHNEIDER PO BOX 891 CARLSBAD, CA 92018-0891 BOYS & GIRLS CLUB OF CARLSBAI PO BOX 913 CARLSBAD, CA 92018-0913 KAREN HEMINGWAY PO BOX 1425 CARLSBAD, CA 92018-1425 MONICA P MIER PO BOX 43 01 CARLSBAD, CA 92018-4301 KEAN R CHILINGIRIAN 219 FLORITA ST ENCINITAS, CA 92024-3229 CARLSBAD VILLAGE PARTNERS L I 3303 LILAC SMT ENCINITAS, CA 92024-7044 MARGUERITE MONTALBANO 1151 WILD CANARY LN ENCINITAS, CA 92024-6848 NOBEL 6435 CAMINITO BLYTHEFIELD LA JOLLA, CA 92037-5851 SAN KATRINA LLC 713 6 VISTA DEL MAR AVE LA JOLLA, CA 92037-5341 BILL F & LAURAL RYBURN 2019 ESTERO ST OCEANSIDE, CA 92054-6137 FLORENCIO RODRIGUEZ 2106 CROWN VIEW WAY OCEANSIDE, CA 92056-3214 STOUT FAMILY INTERVIVOS 2914 LUANA DR OCEANSIDE, CA 92056-43 07 «>09i.fi€>All3AV i Wi d6p3 dn-dOd asodxa I ^dU||Buo|epuaa ®09I.S aieiduj^ @A4aAV asn I UI03'AjaAe'MMM j ap ui^e ajnqseq ei f zafidan ap suas T 1 jaiad e saipej, saudnbj),: ROBERTO M RICARDEZ 422 SAN DIEGO ST OCEANSIDE, CA 92058-2745 ROBERTO. RICARDEZ 422 SAN\)IEGO ST OCEANSIDEVCA 92058-2745 ROBERTO M RICARDEZ 422 SAN\IEGO ST OCEANSIDE\CA 92058-2745 RUSSELL L BENNETT PO BOX 356 SOLANA BEACH, CA 92075-0356 HAMILTON 407 PACIFIC AVE SOLANA BEACH, CA 92075-1159 ILARIO & MARIE MANNO 1309 VISTA COLINA DR SAN MARCOS, CA 92078-1357 BUTLER PROPERTIES LLC 1261 LINDA VISTA DR SAN MARCOS, CA 92078-3827 JENNIFER J VOGEL *M* 1 BELLA VITA SAN MARCOS, CA 92078-7344 MARY J PINAMONTI 2244 S SANTA FE AVE B02 VISTA, CA 92084-7846 DAVID & MARTHA MCCHESNEY 825 CAPE BRETON VISTA, CA 92084-6500 BAMADI LLC 1494 UNION ST 601 SAN DIEGO, CA 92101-3450 JEFFREY J HARRINGTON 2471 PRESIDIO DR SAN DIEGO, CA 92103-1017 EUGENE H SIEGEL 5553 TRINITY WAY SAN DIEGO, CA 92120-4503 STATE PTSHP 10606 CAMINO RUIZ 8130 SAN DIEGO, CA 92126-3263 JIMMY & MELANIE WANG 10432 RESERVE DR 110 SAN DIEGO, CA 92127-3509 HELMUTH 12118 OBISPO RD SAN DIEGO, CA 92128-2628 GREGORY VAN DYKE 27632 ROSEDALE DR SAN JUAN CAPI, CA 92675-1825 NANCY L HALL 1905 ROSIE LN BRENTWOOD, CA 94513-5385 SUZANNE H NGUYEN 33 69 MIDDLEBROOK WAY SAN RAMON, CA 94582-5692 DOLORES A MONTION 6897 HARDING RD VALLEY SPRING, CA 95252-8759 JESS JOHNSTON 1025 IRVING RD 12 EUGENE, OR 97404-1879 *** 81 Printed *** ®09i.s (S)AU3AV Mua6p3 dn-dod asodxa o}au!|6uo}epuda iaded paaj \ ®09tS 8»B|dujai ©AjaAv asn siaqei ^|9a«|AsB3 Tram Property – RP 13-01 August 27, 2013 Location Map Subject Property Subject Property Property to the North Property to the East Property to the South Property to the West Proposed Development •Mixed-use building consisting of a one- bedroom, one-family dwelling unit above a 359 square foot office space and one-car garage. •Two uncovered parking spaces. Development Standards STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback North Side Yard Setback South Side Yard Setback Rear Yard Setback 5-10 feet 5 feet 5 feet 5-10 feet 15 feet 9 inches 3 feet (Approved through Admin. Variance) 6 feet 23 feet Lot Coverage 60-80% 43% Open Space 20% 26.8% Density 12-23 du/acre 25 du/ac* *For mixed-use projects in the Village, density shall be calculated based on 50% of the developable area. In order to approve a development above the maximum density, three (3) findings must be made by the City Council. Parking Parking Standard Required Parking Proposed Parking Residential: Two-car garage Office: 1 space/350 sq. ft. of net floor area Two Car Garage Existing 512 sq. ft. office + Proposed 224 sq. ft. office = 2 spaces One car garage and one uncovered space* 2 spaces (one provided through previously approved participation in Parking In-Lieu Fee program) *The Planning Commission previously approved variances for two (2) parking standards for a one-family residence that requires a 20’ x 20’ two-car garage. Site Plan Building Elevations Planning Commission Recommendation That the City Council ADOPT City Council Resolution No. 2013-212 APPROVING Minor Review Permit (RP 13-01), based upon the findings and subject to the conditions contained therein.