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HomeMy WebLinkAbout2014-10-07; City Council; 21756; Approval RP 14-04 Tuscan Office Suites Construction 2753 Jefferson StreetPagel ENVIRONMENTAL IMPACT: 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 the preparation of environmental documents pursuant to Section 15332 {In-fill Development Projects) Class 32 of the State CEQA Guidelines. 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. A Notice of Exemption will be filed by the City Planner upon final project approval. EXHIBITS: 1. City Council Resolution No. 2014-238(RP 14-04) 2. Location Map 3. Planning Commission Resolution No. 7066 4. Planning Commission Staff Report dated August 6, 2014 5. Planning Commission Minutes dated August 6, 2014. 1 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California as follows: 3 4 1. That the above recitations are true and correct. 5 2. That Major Review Permit RP 14-04 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 7066 on file in the City 6 Clerk's office and incorporated herein by reference are the findings and conditions of the City Council. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Ill Ill Ill Ill Ill Ill Ill Ill -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 follows: EXHIBIT 1 RESOLUTION NO. 2014-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REVIEW PERMIT RP 14-04 TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 3,939 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2753 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: TUSCAN OFFICE SUITES RP 14-04 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 6, 2014, hold a duly noticed public hearing as prescribed by law to consider Major Review Permit RP 14-04 and adopted Planning Commission Resolution No. 7066, recommending approval of Major Review Permit RP 14-04; and WHEREAS, the City Council of the City of Carlsbad, on the ..1.!.b._ day of October 2014, held a duly noticed public hearing to consider adoption of a Major Review Permit RP 14- 04;and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption of a Major Review Permit; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines. 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 7066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 3,939 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2753 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TUSCAN OFFICE SUITES CASE NO.: RP 14-04 WHEREAS, Tuscan Office Suites LLC, "Owner/Developer" has filed a verified application with the City of Carlsbad regarding properties described as: The Northeasterly 100 feet of the Northwesterly 55.60 feet of the Southeasterly 241 feet of lot 47, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921 ("the Property"); and WHEREAS, said verified application constitutes a request for a Major Review Permit as shown on Exhibits "A -H," dated August 6, 2014, on file in the Planning Division, TUSCAN OFFICE SUITES-RP 14-04, as provided by Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 6, 2014, 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 Major Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of TUSCAN OFFICE SUITES -RP 14-04 based on the following findings and subject to the following conditions: 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 Findings: 1. The Planning Commission finds that the project, as conditioned herein and with the findings contained herein to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, Village Review Zone, and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated August 6, 2014, including, but not limited to the following: a. b. c. d. e. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a commercial office project in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, provides a strong street presence with extensive architectural relief, landscaping and visually subordinate parking, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. 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 commercial office building will enhance the Village as a place for living, visiting, and working. The project is consistent with the Village Review Zone and Village Master Plan and Design Manual in that the proposed commercial office project assists in satisfying the goals and objectives set forth for land Use District 7 through the following actions: 1) the project stimulates property investments and new development in the Village by constructing a new permitted professional office building in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities, 3) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 4) improves the physical appearance of the Village by developing an unimproved (vacant) lot with an attractive commercial building. The project as designed is consistent with the development standards for land Use District 7, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. The existing streets can accommodate the estimated 85 ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been, or will be constructed to serve the proposed project. Further, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. The proposed project will not have an adverse impact on any open space within the surrounding area. As noted in the staff report, the project is consistent with the Open Space requirements for new development within the Village Area and the City's landscape Manual. PC RESO NO. 7066 -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 2. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. b. c. d. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The project is consistent with Village Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project stimulates property investments and new development in the Village by constructing a new permitted professional office building in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing employment opportunities, 3) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 4) improves the physical appearance of the Village by developing an unimproved (vacant) lot with an attractive commercial building. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated August 2012, the average occupancy for all public parking lots is 63%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. The In-Lieu Fee Program has not been suspended or terminated by the City Council. California Environmental Quality Act: 3. General 4. 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 the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 of the state CEQA Guidelines. The project is consistent with the General Plan as well as with the Village Master Plan and Design Manual, 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. 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. A Notice of Exemption will be filed by the City Planner upon final project approval. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project PC RESO NO. 7066 -3- 1 2 3 4 5 6 7 8 9 5. 10 11 6. 12 13 14 7. 15 8. 16 17 18 19 20 21 22 9. 23 24 includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. b. c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability ofpublic facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 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 of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit or building permit, whichever occurs first. 27 28 PC RESO NO. 7066 -4-)0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the 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 with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Major Review Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Major Review Permit (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. Please include a signature block for both planning and engineering signatures. 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. PC RESO NO. 7066 -5- \ \ 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 18. 19. Developer shall construct, install, and stripe not less than 5 parking spaces, including one van accessible parking space, as shown on Exhibits "A-H." Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (4 spaces total). Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 20. 21. 22. 23. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 24. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 26. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a minor grading permit for this project is required. Developer shall process grading plans via the building permit process. Technical studies/reports may be required subject to the city engineer's review. Developer shall pay all applicable grading plan check and permit fees per the city's latest fee schedule. PC RESO NO. 7066 -7- 1 2 3 4 5 6 7 8 9 27. 28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping 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 owners and tenants of the above requirements. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 10 Dedications/Improvements 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. Utilities 30. 31. 32. 33. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The existing sewer lateral may be used if it is a minimum 6 inch. Otherwise, the sewer lateral shall be replaced with a new 6 inch sewer lateral. The sewer lateral shall be equipped with a back water valve subject to the city engineer's approval. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders: 34. 35. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. PC RESO NO. 7066 -8- 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 36. 37. 38. 39. 40. 41. 42. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual and shall require review and approval of the City Planner prior to installation of such signs. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), . and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7066 -9-)S EXHIBIT4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION ltemNo. 8 P.C. AGENDA OF: August 6, 2014 Application complete date: April 7, 2014 Project Planner: Greg Fisher Project Engineer: David Rick SUBJECT: RP 14-04-TUSCAN OFFICE SUITES-Request for a recommendation of approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 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. 7066 RECOMMENDING APPROVAL of Major Review Permit (RP 14-04), to the City Council, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting The subject site measures 55.5 feet wide by 100 feet deep, totaling 5,550 square feet and is currently vacant. The property is addressed as 2753 Jefferson Street and is located on the west side of Jefferson Street between Arbuckle Place and Laguna Drive. The site is bordered by a two-story office building to the north, a single-family residence to the south, a single family residence to the west, and residential units across Jefferson Street to the east. The remainder of the block is comprised of a mixture of uses of various sizes including office buildings, apartment projects, and single-family homes. The project site is located within Land Use District 7 of the Village Master Plan and is outside the coastal zone. Proposed Construction The proposed development consists of the construction of a two-story, 3,939 square foot commercial office building comprised of two levels of office space and surface level parking. The ground floor includes two commercial office suites for a total of 862 square feet with their own restroom facilities, an elevator, two stairways, a storage room, and an elevator machine room. Also on the ground floor within the footprint of the building are five parking spaces, including one handicap van accessible stall, and an enclosed trash enclosure. The second floor of the building consists of four office suites for a total of 3,077 square feet, two private balconies, one covered breezeway, an atrium, and individual restroom facilities for each office suite. Access to the site is proposed to be provided by a 20-foot-wide driveway located off of Jefferson Street. Grading for the proposed project includes 8 cubic yards of cut and 75 cubic yards of fill. As a result, a total of 67 cubic yards of material is proposed to be imported onto the site. The building takes on a Spanish architectural style and has been designed specifically for this location in accordance with the Village design guidelines and is not a generic copy of other buildings. Surface ornamentation on the front, sides, and rear of the building and balconies on the second floor serve to \l RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 2 provide sufficient articulation on the upper levels. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. Hip roofs and roof features with the minimum required pitch of 5:12 have been provided within the project. The building has a decorative clay tile roof which is consistent with the architectural design intended for the project as well as other projects in the area. The design of the building incorporates design elements into all four building facades, thereby creating visual interest in the building. The project makes good use of various sized multi-paned windows with decorative trim, decorative columns, built-up cornice eaves, accent ventilation grills, decorative window and door trim, and concrete baluster column railings along the balconies incorporating visual interest into all sides of the building. A six-foot high, split-face CMU wall with decorative columns will surround the trash enclosure and the sides and rear perimeter of the lot. The property owner intends to occupy the two suites on the first floor of the building and lease out the remaining office space to separate tenants. Table A below includes the General Plan designations, zoning and current land uses ofthe project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site V (Village) V-R (Village Review) Vacant North v V-R Office Building South v V-R Single-Family Residential East v V-R Multi-Family Residential West v V-R Single-Family Residential The proposed project is located in the Village (V) Review zone and requires the approval of a Major (Village) Review Permit by the City Council as it is new construction which has a building permit valuation which is equal to or greater than $150,000. There are no unresolved issues and staff's recommendation of approval with conditions is supported by the following analysis. Ill. ANALYSIS The proposed project is subject to the following ordinances, standards and policies: A. Village (V) General Plan Land Use designation; B. Consistency with Village Area Vision, Goals, and Objectives; C. Village Review (V-R) Zone (CMC Chapter 21.35), Land Use District 7 (Office Support Area/Village Master Plan and Design Manual); and D. Growth Management Ordinance (CMC Chapter 21.90) and Zone 1 Local facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable 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 General Plan Land Use designation for the subject site is Village (V}. 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 dl IU RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 3 atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides a commercial office building use in an appropriate location (Office Support Area Land Use District 7) within the Village. This in turn serves to enhance the area as a professional work district by providing greater employment opportunities. The project reinforces the pedestrian-orientation desired for the downtown area and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, landscaping and visually subordinate parking. Overall, the new office building will enhance the Village as a place for working. B. CONSISTENCY WITH VILLAGE AREA VISION, GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: Goall: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment. The proposed project will result in the development of a new office facility which will have a positive visual impact on the area. The positive visual appeal assists in the effort to create a quality shopping, working and living environment. In addition, the project will increase the amount of new office space in the area which will improve the overall working environment. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The proposed project has a strong street presence and promotes greater pedestrian activity by providing enhanced landscaping and design along Jefferson Street. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Area, specifically in the Office Support District (District 7) by providing for an appropriate intensity of development that is compatible with the surrounding area. Goal4: Improve the Physical Appearance of the Village Area. The proposed project converts an underutilized, blighted site into a physically attractive project. The proposed project promotes the following objectives: RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 4 • It creates a sense of design unity and character while also encouraging design diversity; • It establishes a commercial building whose scale and character are compatible with surrounding residential neighborhoods; • It minimizes the land area required to accommodate additional parking in the Village by participating in the Parking In-Lieu Fee Program; and • It results in a design which is sensitive to surrounding development within the area. C. Village Review Zone {CMC Chapter 21.35), Land Use District 7 {Office Support Area/Village Master Plan and Design Manual) The subject property is located within Land Use District 7, Office Support Area, of the Village Master Plan. The overall vision for the development of District 7 (Office Support) is to accommodate professional and medical offices contained in new structures and converted residences. The development standards promote individual buildings set back from the street and surrounded by landscaping intended to provide a quality office environment within easy and pleasant walking distance to shops and restaurants. Permitted land uses in District 7 include all office uses, parks, and parking lots. Provisional uses include the following: multi-family dwelling units; bed and breakfast inns; child care centers; churches; youth facilities; and some commercial services, such as blueprint and copying services, word processing services, and office equipment rentals. The allowable land uses for District 7 encourage the phasing out of existing single-family residential uses over time. The development standards for District 7 also encourage any new non-residential development to be designed in a manner that respects the area's residential character. Staff believes that the proposed commercial office project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project stimulates property investments and new development in the Village by constructing a new permitted professional office building in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing employment opportunities, 3) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 4) improves the physical appearance of the Village by developing an unimproved (vacant) lot with an attractive commercial building. The proposed project meets or exceeds the development standards of the Village Review Zone and District 7. The specific development standards for new development within Land Use District 7 are discussed below and summarized within Table B: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 7, the front yard setback is 5-20 feet and the side and rear yard setbacks are 5-10 feet. All setbacks are measured from property lines. In addition to these setback standards, parking is not permitted in either the front or the rear yard setback areas. The front yard setback of the proposed building is 5 feet from front property line. On the south side of the building, the setback is 5 feet from side property line. On the north side of the building, the setback is 5 feet from side property line. The rear yard setback of the proposed building is 5 feet from the rear property line. Approximately half of the ground floor is devoted to required parking, however, there is no parking located within either the required front, side, or rear yard setbacks. As set forth in the Village Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such a reduction due to good project design and/or the provision of other projects features which benefit the Village Area. The benefits realized from the reduced standards are discussed below. Allowing a reduction of the front, rear, and side yard setbacks to the minimum of the range are justified as follows: 1) The proposed project is in a location which has varying setbacks and will, therefore, not have lO RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 5 an adverse impact on surrounding properties; 2} The subject property is only 55.5 feet wide, therefore the reduced setback standards are necessary in order to allow the applicant to provide as much on-site parking as possible with adequate screening from public view; and 3) The proposed project is consistent with the design guidelines for the Village Area and the reduced setbacks include great articulation on all sides of the building, therefore, making the project design interesting and visually appealing. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 7 is 60% to 80%. For the proposed project, the building coverage is 74%, which is near the middle of the established range. Therefore, the building coverage is in compliance with the established standard. Building Height: The height limit for Land Use District 7 is 35 feet with a minimum 5:12 roof pitch for 50% of the total roof structure. The maximum building height of the proposed project is 33'-6" as measured from existing grade and therefore meets the building height requirements. The proposed roof pitch is 5:12 for a minimum of SO% of the total roof structure and therefore meets the minimum required roof pitch. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building, two (2) balconies and a covered breezeway on the second floor, and an atrium located in the center of the building. The amount of open space for the proposed project accounts for 21% of the site, which is consistent with the open space requirement. Parking: Please note that parking in the Village is based upon net square footage rather than gross square footage. Net square footage means that area which remains after square footage of spaces that do not generate parking demand are removed from the calculation of total square footage of floor space of a building. Spaces which do not generate parking demand include, but are not limited to, restrooms, stairwells, elevators, walkways, and similar space. The parking requirement for office space is one parking space per 350 square feet of net floor space. The parking standards set forth in the Village Master Plan and Design Manual also permit a maximum of 40% of the total number of parking spaces provided on-site to be constructed to meet the requirements of a small or compact vehicle. The parking requirement for the 3,273 square feet of net leasable office space is nine spaces. The applicant is proposing to provide five spaces on-site and four spaces off-site through participation in the Parking In-Lieu Fee Program. The on-site parking spaces include four standard parking stalls and one disabled accessible stall. The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones-Zone 1 and Zone 2. A property/business owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. The subject property is located within Zone 2. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In-Lieu Fee payment for up to one hundred percent (100%) of the on-site parking requirement for proposed new development. The applicant is requesting participation in the Program forfour (4) parking spaces or 44% of the total required parking for the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the Parking In-Lieu Fee prior to the issuance of building permits for the project. The Planning Commission Minutes August6,2014 EXHIBIT 5 Page 2 MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner L'Heureux to approve the minutes of the Regular Meeting of July 16, 2014. VOTE: 6-0-1 AYES: Chairperson Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: None ABSTAIN: Commissioner Anderson PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Items 1 and 2. 1. RP 14-04-TUSCAN OFFICE SUITES -Request for a recommendation of approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 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. 2. SOP 14-03/CDP 14-04-CP JUNIPER APARTMENTS-Request for approval of a Site Development Plan and Coastal Development Permit to demolish an existing single-family home, shed and detached garage to allow for the development of a four-unit multiple-family residential apartment project on a 0.2 acre infill site located at 385 Juniper Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, for the demolition of a single family residence and accessory structures, and Section 15303, for the construction of no more than four dwelling units in an urbanized area of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu stated Agenda Items 1 and 2 would normally be heard in a public hearing context; however the projects appear to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Items 1 or 2. Chairperson Black asked if there were any members of the audience who wished to speak on Items 1 or 2. Seeing none, he opened and closed public testimony. DISCUSSION Commissioner Montgomery commented that regarding utilizing the parking in-lieu program with Agenda Item 1, while he is not against it, it seems that the City Council should consider parking within the Village and it needs to be proactive. This project is an experiment to promote investment in the village. The city should be trying to provide parking as this project develops. .L ,.) I '-· NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, October 7, 2014, to consider approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property generally located at 2753 Jefferson Street in Land Use District 7 of the Village Review Zone and within Local Facilities Management Zone 1 and more particularly described as: The Northeasterly 100 feet of the Northwesterly 55.60 feet of the Southeasterly 241 feet of lot 47, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921. Whereas, on August 6, 2014 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 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 October 3, 2014. If you have any questions, please contact Greg Fisher in the Planning Division at (760) 602-4629 or greg. fisher@carlsbadca .gov. If you challenge the Major Review Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: RP 14-04 CASE NAME: TUSCAN OFFICE SUITES PUBLISH: September 27, 2014 CITY OF CARLSBAD CITY COUNCIL Easy Peel® Labels I I I Use Avery® Template 5160®/8160™ J DENNIS J OSULLIVAN 755 LAGUNA DR CARLSBAD CA 92008 I ROGELIO s & KEELy c ALBA I P 0 BOX2711 CARLSBAD CA 92018 ROOSEVELT TAMARACK INVESTMENTS L P 6 VENTURE #215 IRVINE CA 92618 SCARPELLI FAMILY TRUST 02-25-04 929 ORCHID WAY 1 CARLSBAD CA 92011 BENCHMARK PACIFIC LTD II 550 LAGUNA DR #B , CARLSBAD CA 92008 P G P CARLSBAD L L C 1120 SILVERADO ST LA JOLLA CA 92037 WOOD J VANWIEREN P 0 BOX 232134 ENCINITAS CA 92023 ARLENE 0 OLIVAS 5065 ENCHANTED OAKS DR COLLEGE STATION TX 77845 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 JOHN J & HOGAN HILARY M GIROUX P 0 BOX 1065 CARLSBAD CA 92018 tttquettes tacites a peter I Utilisez le gabarit AVERY® 5160®/8160Mc l • -I Bend along line to I I Feed Paper -exoose Pop-up Edge™ J CHRISTOPHER W CURTIN 2021 COURAGE ST VISTA CA 92081 TGMS INC P 0 BOX 230562 ENCINITAS CA 92023 BRENT & DENISE BEAZLEY 16633 VENTURA BLVD #1030 ENCINO CA 91436 CREDIT SHELTER FLETCHER P 0 BOX 1988 CARLSBAD CA 92018 ------ BENCHMARK PACIFIC LTD II 550 LAGUNA DR #B CARLSBAD CA 92008 DANIEL & IRENE LOPEZ 928 HOME AVE CARLSBAD CA 92008 DANIEL & SUSAN BURKE 2755 JEFFERSON ST #1 CARLSBAD CA 92008 PACIFIC GENERAL L L C P 0 BOX3210 LAKE HAVASU CITY AZ 86405 JOHN G & MARY T GOBLE 2252 FIRE MOUNTAIN DR OCEANSIDE CA 92054 ME ADAN FAMILY TRUST 880 HOME AVE# B CARLSBAD CA 92008 • Sims de rh~rnornon+ Repllez ttla hachure afin de I revell'!r II'! fl'!bord Pnn-unMC l ~-~" ., ·-~·-~-----~-,-· @ AVERY® 6240™ l HYSPAN PRECISION PRODUCTS INC EMPLOYEE BENEFITS TRUS P 0 BOX636 VISTA CA 92085 LAGUNA BREEZE CONDOMINIUMS L L C 1868 CREST DR ENCINITAS CA 92024 SCARPELLI FAMILY TRUST 02-25-04 929 ORCHID WAY CARLSBAD CA 92011 BENCHMARK PACIFIC POINSETTIA L P 550 LAGUNA DR #B CARLSBAD CA 92008 PRIVATE PROPERTIES L L C P 0 BOX669 POWAY CA 92074 ROY TWIN DRUM 932 HOME AVE CARLSBAD CA 92008 BRUCE & KELLY BANDEMER 2720 JEFFERSON ST CARLSBAD CA 92008 KLETT FAMILY DECEASED SETTLORS TRUST 04-14-10 P 0 BOX4086 CARLSBAD CA 92018 ALLAN B DRESDNER 145 SCRIBNER HILL RD WILTON CT 6897 WILLIAM P LANPHEAR P 0 BOX 817 CARLSBAD CA 92018 www.avery.com 1-800-GO-AVERV Easy Peel® Labels Use Avery® Template 5160®/8160™ WAYNE & ANGELA D WROLSTAD 7 MADONNALN BROOMALL PA 19008 KIMBERLY A YORK 880 HOME AVE #G CARLSBAD CA 92008 , EDMOND T SHEHAB 1 2914 AUSTIN TER CARLSBAD CA 92008 , SWYS CORP 7837 CONVOY CT #1 00 SAN DIEGO CA 92111 MICHAEL /HOWARD MURPHY 630 GRAND AVE # I CARLSBAD CA 92008 I MARILYN WILSON 1 4920 COLLINGWOOD DR SAN DIEGO CA 92109 ! 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I RepDez a Ia hachura afin de I reveler le rebord Pop-upMC J ~ AVERY® 6240™ l RUNDLE FAMILY TRUST 07- 02-04 1754 BLACKBIRD CIR CARLSBAD CA 92011 DANIEL & DEBBIE DOLAN 169 JUPETEN ST ENCINITAS CA 92024 DANIEL J & ROSELLA E CERDA 1915 ANDREWS CT OCEANSIDE CA 92054 PGP CARLSBAD SENIORS LTD II 1120 SILVERADO ST LA JOLLA CA 92037 JEANENE ENTERPRISES INC P 0 BOX 1219 CARLSBAD CA 92018 www.avery.com 1-800-GO-AVERY Tuscan Office Suites RP 14-04 Location Map S TA T E S T GRAN D A V HARDING STCABRILLO PLDAVIS AVKREMEYER CRHO P E AV LAGUNA DR ARBU C K L E P L BEEC H A V HOME A V ROOSEVEL T S T MADISON S T J E F F ER SON S T RP 14-04 Tuscan Office Suites SITE MAP JEL CAM REALCAR LSBAD VILLAGE DR CA RL SBA D BLLA COSTA AV PALOMAR AIRP ORT R D MELR OS E D RAVIARA P Y R A N CHO S AN TA FE RDCOLL EGE BLEL CAMI NO REAL CARL S B A D VI L L A G E D R GRAN D A V S T A TE S TBUENA VISTA CRDAVIS AVHARD ING S T LAGUNA DR ARBU C K L E P L BEEC H A V W A S HI NGT ON ST MADI SO N S T LEWIS LNHO P E A VKREMEYER CRHOME A V ROOSEVE L T S T J E F FE R SO N S T 0 300 600150 Feet IRP 14-04 Tuscan Office Suites Street Scene 4 Project Site 6 Project Site 7 Jefferson Street office building 11 First Floor Plan 13 Proposed Development 2-Story Office Building •6 Office Suites •2 ground floor suites totaling 862 SF •4 office suites 2nd floor totaling 3,077 SF •5 on-site parking spaces Second Floor Plan 14 Standards Compliance Building Coverage Parking •Required: 60-80%Required: 9 spaces (1 space/350 SF net) •Proposed: 74%Proposed: 5 spaces; 4 In-lieu fee program Height •Required: 35’ w/5:12 roof pitch •Proposed; 33.6’ w/5:12 roof pitch Open Space Setbacks Provided: •Required: 20%Front, Sides and Rear: 5 feet •Proposed: 21% 15 Proposed Design 16 West ElevationEast Elevation Jefferson Street North Elevation 17 South Elevation 18 Consistency with Village Area Vision, Goals & Objectives •Provides desirable permitted use •Development of a vacant lot •Compatible with surrounding area •Serve as catalyst for future development •Increases number, quality, and diversity of office space within the Village 19 Environmental Review •Proposed project is an in-fill development and exempt from environmental review 20 Recommended Action That the City Council adopt Resolution No.2014- 238,approving Review Permit No.RP 14-04,as recommended by the Planning Commission. Tuscany Office Suites 22 Pagel ENVIRONMENTAL IMPACT: 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 the preparation of environmental documents pursuant to Section 15332 {In-fill Development Projects) Class 32 of the State CEQA Guidelines. 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. A Notice of Exemption will be filed by the City Planner upon final project approval. EXHIBITS: 1. City Council Resolution No. 2014-238(RP 14-04) 2. Location Map 3. Planning Commission Resolution No. 7066 4. Planning Commission Staff Report dated August 6, 2014 5. Planning Commission Minutes dated August 6, 2014. 1 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California as follows: 3 4 1. That the above recitations are true and correct. 5 2. That Major Review Permit RP 14-04 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 7066 on file in the City 6 Clerk's office and incorporated herein by reference are the findings and conditions of the City Council. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Ill Ill Ill Ill Ill Ill Ill Ill -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 follows: EXHIBIT 1 RESOLUTION NO. 2014-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REVIEW PERMIT RP 14-04 TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 3,939 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2753 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: TUSCAN OFFICE SUITES RP 14-04 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 6, 2014, hold a duly noticed public hearing as prescribed by law to consider Major Review Permit RP 14-04 and adopted Planning Commission Resolution No. 7066, recommending approval of Major Review Permit RP 14-04; and WHEREAS, the City Council of the City of Carlsbad, on the ..1.!.b._ day of October 2014, held a duly noticed public hearing to consider adoption of a Major Review Permit RP 14- 04;and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the adoption of a Major Review Permit; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines. 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 7066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 2-STORY, 3,939 SQUARE FOOT COMMERCIAL OFFICE BUILDING ON PROPERTY LOCATED AT 2753 JEFFERSON STREET IN LAND USE DISTRICT 7 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TUSCAN OFFICE SUITES CASE NO.: RP 14-04 WHEREAS, Tuscan Office Suites LLC, "Owner/Developer" has filed a verified application with the City of Carlsbad regarding properties described as: The Northeasterly 100 feet of the Northwesterly 55.60 feet of the Southeasterly 241 feet of lot 47, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921 ("the Property"); and WHEREAS, said verified application constitutes a request for a Major Review Permit as shown on Exhibits "A -H," dated August 6, 2014, on file in the Planning Division, TUSCAN OFFICE SUITES-RP 14-04, as provided by Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 6, 2014, 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 Major Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of TUSCAN OFFICE SUITES -RP 14-04 based on the following findings and subject to the following conditions: 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 Findings: 1. The Planning Commission finds that the project, as conditioned herein and with the findings contained herein to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, Village Review Zone, and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated August 6, 2014, including, but not limited to the following: a. b. c. d. e. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a commercial office project in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, provides a strong street presence with extensive architectural relief, landscaping and visually subordinate parking, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. 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 commercial office building will enhance the Village as a place for living, visiting, and working. The project is consistent with the Village Review Zone and Village Master Plan and Design Manual in that the proposed commercial office project assists in satisfying the goals and objectives set forth for land Use District 7 through the following actions: 1) the project stimulates property investments and new development in the Village by constructing a new permitted professional office building in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities, 3) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 4) improves the physical appearance of the Village by developing an unimproved (vacant) lot with an attractive commercial building. The project as designed is consistent with the development standards for land Use District 7, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. The existing streets can accommodate the estimated 85 ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been, or will be constructed to serve the proposed project. Further, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. The proposed project will not have an adverse impact on any open space within the surrounding area. As noted in the staff report, the project is consistent with the Open Space requirements for new development within the Village Area and the City's landscape Manual. PC RESO NO. 7066 -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 2. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: a. b. c. d. The project is consistent with the Carlsbad General Plan because it provides for a commercial office use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The project is consistent with Village Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project stimulates property investments and new development in the Village by constructing a new permitted professional office building in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing employment opportunities, 3) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects; and 4) improves the physical appearance of the Village by developing an unimproved (vacant) lot with an attractive commercial building. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated August 2012, the average occupancy for all public parking lots is 63%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. The In-Lieu Fee Program has not been suspended or terminated by the City Council. California Environmental Quality Act: 3. General 4. 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 the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 of the state CEQA Guidelines. The project is consistent with the General Plan as well as with the Village Master Plan and Design Manual, 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. 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. A Notice of Exemption will be filed by the City Planner upon final project approval. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project PC RESO NO. 7066 -3- 1 2 3 4 5 6 7 8 9 5. 10 11 6. 12 13 14 7. 15 8. 16 17 18 19 20 21 22 9. 23 24 includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. b. c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability ofpublic facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 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 of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit or building permit, whichever occurs first. 27 28 PC RESO NO. 7066 -4-)0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the 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 with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Major Review Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Major Review Permit (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. Please include a signature block for both planning and engineering signatures. 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. PC RESO NO. 7066 -5- \ \ 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 18. 19. Developer shall construct, install, and stripe not less than 5 parking spaces, including one van accessible parking space, as shown on Exhibits "A-H." Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (4 spaces total). Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 20. 21. 22. 23. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 24. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 26. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a minor grading permit for this project is required. Developer shall process grading plans via the building permit process. Technical studies/reports may be required subject to the city engineer's review. Developer shall pay all applicable grading plan check and permit fees per the city's latest fee schedule. PC RESO NO. 7066 -7- 1 2 3 4 5 6 7 8 9 27. 28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping 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 owners and tenants of the above requirements. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 10 Dedications/Improvements 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. Utilities 30. 31. 32. 33. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The existing sewer lateral may be used if it is a minimum 6 inch. Otherwise, the sewer lateral shall be replaced with a new 6 inch sewer lateral. The sewer lateral shall be equipped with a back water valve subject to the city engineer's approval. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders: 34. 35. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. PC RESO NO. 7066 -8- 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 36. 37. 38. 39. 40. 41. 42. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual and shall require review and approval of the City Planner prior to installation of such signs. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), . and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7066 -9-)S EXHIBIT4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION ltemNo. 8 P.C. AGENDA OF: August 6, 2014 Application complete date: April 7, 2014 Project Planner: Greg Fisher Project Engineer: David Rick SUBJECT: RP 14-04-TUSCAN OFFICE SUITES-Request for a recommendation of approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 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. 7066 RECOMMENDING APPROVAL of Major Review Permit (RP 14-04), to the City Council, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting The subject site measures 55.5 feet wide by 100 feet deep, totaling 5,550 square feet and is currently vacant. The property is addressed as 2753 Jefferson Street and is located on the west side of Jefferson Street between Arbuckle Place and Laguna Drive. The site is bordered by a two-story office building to the north, a single-family residence to the south, a single family residence to the west, and residential units across Jefferson Street to the east. The remainder of the block is comprised of a mixture of uses of various sizes including office buildings, apartment projects, and single-family homes. The project site is located within Land Use District 7 of the Village Master Plan and is outside the coastal zone. Proposed Construction The proposed development consists of the construction of a two-story, 3,939 square foot commercial office building comprised of two levels of office space and surface level parking. The ground floor includes two commercial office suites for a total of 862 square feet with their own restroom facilities, an elevator, two stairways, a storage room, and an elevator machine room. Also on the ground floor within the footprint of the building are five parking spaces, including one handicap van accessible stall, and an enclosed trash enclosure. The second floor of the building consists of four office suites for a total of 3,077 square feet, two private balconies, one covered breezeway, an atrium, and individual restroom facilities for each office suite. Access to the site is proposed to be provided by a 20-foot-wide driveway located off of Jefferson Street. Grading for the proposed project includes 8 cubic yards of cut and 75 cubic yards of fill. As a result, a total of 67 cubic yards of material is proposed to be imported onto the site. The building takes on a Spanish architectural style and has been designed specifically for this location in accordance with the Village design guidelines and is not a generic copy of other buildings. Surface ornamentation on the front, sides, and rear of the building and balconies on the second floor serve to \l RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 2 provide sufficient articulation on the upper levels. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. Hip roofs and roof features with the minimum required pitch of 5:12 have been provided within the project. The building has a decorative clay tile roof which is consistent with the architectural design intended for the project as well as other projects in the area. The design of the building incorporates design elements into all four building facades, thereby creating visual interest in the building. The project makes good use of various sized multi-paned windows with decorative trim, decorative columns, built-up cornice eaves, accent ventilation grills, decorative window and door trim, and concrete baluster column railings along the balconies incorporating visual interest into all sides of the building. A six-foot high, split-face CMU wall with decorative columns will surround the trash enclosure and the sides and rear perimeter of the lot. The property owner intends to occupy the two suites on the first floor of the building and lease out the remaining office space to separate tenants. Table A below includes the General Plan designations, zoning and current land uses ofthe project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site V (Village) V-R (Village Review) Vacant North v V-R Office Building South v V-R Single-Family Residential East v V-R Multi-Family Residential West v V-R Single-Family Residential The proposed project is located in the Village (V) Review zone and requires the approval of a Major (Village) Review Permit by the City Council as it is new construction which has a building permit valuation which is equal to or greater than $150,000. There are no unresolved issues and staff's recommendation of approval with conditions is supported by the following analysis. Ill. ANALYSIS The proposed project is subject to the following ordinances, standards and policies: A. Village (V) General Plan Land Use designation; B. Consistency with Village Area Vision, Goals, and Objectives; C. Village Review (V-R) Zone (CMC Chapter 21.35), Land Use District 7 (Office Support Area/Village Master Plan and Design Manual); and D. Growth Management Ordinance (CMC Chapter 21.90) and Zone 1 Local facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable 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 General Plan Land Use designation for the subject site is Village (V}. 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 dl IU RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 3 atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides a commercial office building use in an appropriate location (Office Support Area Land Use District 7) within the Village. This in turn serves to enhance the area as a professional work district by providing greater employment opportunities. The project reinforces the pedestrian-orientation desired for the downtown area and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, landscaping and visually subordinate parking. Overall, the new office building will enhance the Village as a place for working. B. CONSISTENCY WITH VILLAGE AREA VISION, GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: Goall: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment. The proposed project will result in the development of a new office facility which will have a positive visual impact on the area. The positive visual appeal assists in the effort to create a quality shopping, working and living environment. In addition, the project will increase the amount of new office space in the area which will improve the overall working environment. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The proposed project has a strong street presence and promotes greater pedestrian activity by providing enhanced landscaping and design along Jefferson Street. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Area, specifically in the Office Support District (District 7) by providing for an appropriate intensity of development that is compatible with the surrounding area. Goal4: Improve the Physical Appearance of the Village Area. The proposed project converts an underutilized, blighted site into a physically attractive project. The proposed project promotes the following objectives: RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 4 • It creates a sense of design unity and character while also encouraging design diversity; • It establishes a commercial building whose scale and character are compatible with surrounding residential neighborhoods; • It minimizes the land area required to accommodate additional parking in the Village by participating in the Parking In-Lieu Fee Program; and • It results in a design which is sensitive to surrounding development within the area. C. Village Review Zone {CMC Chapter 21.35), Land Use District 7 {Office Support Area/Village Master Plan and Design Manual) The subject property is located within Land Use District 7, Office Support Area, of the Village Master Plan. The overall vision for the development of District 7 (Office Support) is to accommodate professional and medical offices contained in new structures and converted residences. The development standards promote individual buildings set back from the street and surrounded by landscaping intended to provide a quality office environment within easy and pleasant walking distance to shops and restaurants. Permitted land uses in District 7 include all office uses, parks, and parking lots. Provisional uses include the following: multi-family dwelling units; bed and breakfast inns; child care centers; churches; youth facilities; and some commercial services, such as blueprint and copying services, word processing services, and office equipment rentals. The allowable land uses for District 7 encourage the phasing out of existing single-family residential uses over time. The development standards for District 7 also encourage any new non-residential development to be designed in a manner that respects the area's residential character. Staff believes that the proposed commercial office project assists in satisfying the goals and objectives set forth for Land Use District 7 through the following actions: 1) the project stimulates property investments and new development in the Village by constructing a new permitted professional office building in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing employment opportunities, 3) the building is designed in a manner that compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects; and 4) improves the physical appearance of the Village by developing an unimproved (vacant) lot with an attractive commercial building. The proposed project meets or exceeds the development standards of the Village Review Zone and District 7. The specific development standards for new development within Land Use District 7 are discussed below and summarized within Table B: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 7, the front yard setback is 5-20 feet and the side and rear yard setbacks are 5-10 feet. All setbacks are measured from property lines. In addition to these setback standards, parking is not permitted in either the front or the rear yard setback areas. The front yard setback of the proposed building is 5 feet from front property line. On the south side of the building, the setback is 5 feet from side property line. On the north side of the building, the setback is 5 feet from side property line. The rear yard setback of the proposed building is 5 feet from the rear property line. Approximately half of the ground floor is devoted to required parking, however, there is no parking located within either the required front, side, or rear yard setbacks. As set forth in the Village Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such a reduction due to good project design and/or the provision of other projects features which benefit the Village Area. The benefits realized from the reduced standards are discussed below. Allowing a reduction of the front, rear, and side yard setbacks to the minimum of the range are justified as follows: 1) The proposed project is in a location which has varying setbacks and will, therefore, not have lO RP 14-04-TUSCAN OFFICE SUITES August 6, 2014 Page 5 an adverse impact on surrounding properties; 2} The subject property is only 55.5 feet wide, therefore the reduced setback standards are necessary in order to allow the applicant to provide as much on-site parking as possible with adequate screening from public view; and 3) The proposed project is consistent with the design guidelines for the Village Area and the reduced setbacks include great articulation on all sides of the building, therefore, making the project design interesting and visually appealing. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 7 is 60% to 80%. For the proposed project, the building coverage is 74%, which is near the middle of the established range. Therefore, the building coverage is in compliance with the established standard. Building Height: The height limit for Land Use District 7 is 35 feet with a minimum 5:12 roof pitch for 50% of the total roof structure. The maximum building height of the proposed project is 33'-6" as measured from existing grade and therefore meets the building height requirements. The proposed roof pitch is 5:12 for a minimum of SO% of the total roof structure and therefore meets the minimum required roof pitch. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building, two (2) balconies and a covered breezeway on the second floor, and an atrium located in the center of the building. The amount of open space for the proposed project accounts for 21% of the site, which is consistent with the open space requirement. Parking: Please note that parking in the Village is based upon net square footage rather than gross square footage. Net square footage means that area which remains after square footage of spaces that do not generate parking demand are removed from the calculation of total square footage of floor space of a building. Spaces which do not generate parking demand include, but are not limited to, restrooms, stairwells, elevators, walkways, and similar space. The parking requirement for office space is one parking space per 350 square feet of net floor space. The parking standards set forth in the Village Master Plan and Design Manual also permit a maximum of 40% of the total number of parking spaces provided on-site to be constructed to meet the requirements of a small or compact vehicle. The parking requirement for the 3,273 square feet of net leasable office space is nine spaces. The applicant is proposing to provide five spaces on-site and four spaces off-site through participation in the Parking In-Lieu Fee Program. The on-site parking spaces include four standard parking stalls and one disabled accessible stall. The fees collected from the Parking In-Lieu Fee Program are deposited into an earmarked, interest bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Area. For the purposes of determining participation in the program, the Village has been divided into two parking zones-Zone 1 and Zone 2. A property/business owner is eligible to participate in the in-lieu fee program according to the parking zone in which a given property is located and its proximity to an existing or future public parking lot. The subject property is located within Zone 2. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In-Lieu Fee payment for up to one hundred percent (100%) of the on-site parking requirement for proposed new development. The applicant is requesting participation in the Program forfour (4) parking spaces or 44% of the total required parking for the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the Parking In-Lieu Fee prior to the issuance of building permits for the project. The Planning Commission Minutes August6,2014 EXHIBIT 5 Page 2 MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner L'Heureux to approve the minutes of the Regular Meeting of July 16, 2014. VOTE: 6-0-1 AYES: Chairperson Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Siekmann and Commissioner Segall NOES: None ABSENT: None ABSTAIN: Commissioner Anderson PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Black asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Items 1 and 2. 1. RP 14-04-TUSCAN OFFICE SUITES -Request for a recommendation of approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 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. 2. SOP 14-03/CDP 14-04-CP JUNIPER APARTMENTS-Request for approval of a Site Development Plan and Coastal Development Permit to demolish an existing single-family home, shed and detached garage to allow for the development of a four-unit multiple-family residential apartment project on a 0.2 acre infill site located at 385 Juniper Avenue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, for the demolition of a single family residence and accessory structures, and Section 15303, for the construction of no more than four dwelling units in an urbanized area of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu stated Agenda Items 1 and 2 would normally be heard in a public hearing context; however the projects appear to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Items 1 or 2. Chairperson Black asked if there were any members of the audience who wished to speak on Items 1 or 2. Seeing none, he opened and closed public testimony. DISCUSSION Commissioner Montgomery commented that regarding utilizing the parking in-lieu program with Agenda Item 1, while he is not against it, it seems that the City Council should consider parking within the Village and it needs to be proactive. This project is an experiment to promote investment in the village. The city should be trying to provide parking as this project develops. .L ,.) I '-· NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, October 7, 2014, to consider approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property generally located at 2753 Jefferson Street in Land Use District 7 of the Village Review Zone and within Local Facilities Management Zone 1 and more particularly described as: The Northeasterly 100 feet of the Northwesterly 55.60 feet of the Southeasterly 241 feet of lot 47, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921. Whereas, on August 6, 2014 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Major Review Permit to allow for the construction of a 2-story, 3,939 square foot commercial office building on property located at 2753 Jefferson Street in Land Use District 7 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 October 3, 2014. If you have any questions, please contact Greg Fisher in the Planning Division at (760) 602-4629 or greg. fisher@carlsbadca .gov. If you challenge the Major Review Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: RP 14-04 CASE NAME: TUSCAN OFFICE SUITES PUBLISH: September 27, 2014 CITY OF CARLSBAD CITY COUNCIL Easy Peel® Labels I I I Use Avery® Template 5160®/8160™ J DENNIS J OSULLIVAN 755 LAGUNA DR CARLSBAD CA 92008 I ROGELIO s & KEELy c ALBA I P 0 BOX2711 CARLSBAD CA 92018 ROOSEVELT TAMARACK INVESTMENTS L P 6 VENTURE #215 IRVINE CA 92618 SCARPELLI FAMILY TRUST 02-25-04 929 ORCHID WAY 1 CARLSBAD CA 92011 BENCHMARK PACIFIC LTD II 550 LAGUNA DR #B , CARLSBAD CA 92008 P G P CARLSBAD L L C 1120 SILVERADO ST LA JOLLA CA 92037 WOOD J VANWIEREN P 0 BOX 232134 ENCINITAS CA 92023 ARLENE 0 OLIVAS 5065 ENCHANTED OAKS DR COLLEGE STATION TX 77845 GLENN L GOLDMAN 2653 ROOSEVELT ST #D CARLSBAD CA 92008 JOHN J & HOGAN HILARY M GIROUX P 0 BOX 1065 CARLSBAD CA 92018 tttquettes tacites a peter I Utilisez le gabarit AVERY® 5160®/8160Mc l • -I Bend along line to I I Feed Paper -exoose Pop-up Edge™ J CHRISTOPHER W CURTIN 2021 COURAGE ST VISTA CA 92081 TGMS INC P 0 BOX 230562 ENCINITAS CA 92023 BRENT & DENISE BEAZLEY 16633 VENTURA BLVD #1030 ENCINO CA 91436 CREDIT SHELTER FLETCHER P 0 BOX 1988 CARLSBAD CA 92018 ------ BENCHMARK PACIFIC LTD II 550 LAGUNA DR #B CARLSBAD CA 92008 DANIEL & IRENE LOPEZ 928 HOME AVE CARLSBAD CA 92008 DANIEL & SUSAN BURKE 2755 JEFFERSON ST #1 CARLSBAD CA 92008 PACIFIC GENERAL L L C P 0 BOX3210 LAKE HAVASU CITY AZ 86405 JOHN G & MARY T GOBLE 2252 FIRE MOUNTAIN DR OCEANSIDE CA 92054 ME ADAN FAMILY TRUST 880 HOME AVE# B CARLSBAD CA 92008 • Sims de rh~rnornon+ Repllez ttla hachure afin de I revell'!r II'! fl'!bord Pnn-unMC l ~-~" ., ·-~·-~-----~-,-· @ AVERY® 6240™ l HYSPAN PRECISION PRODUCTS INC EMPLOYEE BENEFITS TRUS P 0 BOX636 VISTA CA 92085 LAGUNA BREEZE CONDOMINIUMS L L C 1868 CREST DR ENCINITAS CA 92024 SCARPELLI FAMILY TRUST 02-25-04 929 ORCHID WAY CARLSBAD CA 92011 BENCHMARK PACIFIC POINSETTIA L P 550 LAGUNA DR #B CARLSBAD CA 92008 PRIVATE PROPERTIES L L C P 0 BOX669 POWAY CA 92074 ROY TWIN DRUM 932 HOME AVE CARLSBAD CA 92008 BRUCE & KELLY BANDEMER 2720 JEFFERSON ST CARLSBAD CA 92008 KLETT FAMILY DECEASED SETTLORS TRUST 04-14-10 P 0 BOX4086 CARLSBAD CA 92018 ALLAN B DRESDNER 145 SCRIBNER HILL RD WILTON CT 6897 WILLIAM P LANPHEAR P 0 BOX 817 CARLSBAD CA 92018 www.avery.com 1-800-GO-AVERV Easy Peel® Labels Use Avery® Template 5160®/8160™ WAYNE & ANGELA D WROLSTAD 7 MADONNALN BROOMALL PA 19008 KIMBERLY A YORK 880 HOME AVE #G CARLSBAD CA 92008 , EDMOND T SHEHAB 1 2914 AUSTIN TER CARLSBAD CA 92008 , SWYS CORP 7837 CONVOY CT #1 00 SAN DIEGO CA 92111 MICHAEL /HOWARD MURPHY 630 GRAND AVE # I CARLSBAD CA 92008 I MARILYN WILSON 1 4920 COLLINGWOOD DR SAN DIEGO CA 92109 ! 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