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HomeMy WebLinkAbout2015-01-27; City Council; 21836; Approving CT 14-01 RP 14-01, Demolition, Construction Mixed-Use Building, 3068 3080 State Street 542 Oak Avenue District 1CITY OF CARLSBAD - AGENDA BILL 10 ADOPTION OF A RESOLUTION APPROVING TENTATIVE TRACT MAP NO. a 14-01 AND MAJOR REVIEW PERMIT NO. RP 14-01 TO ALLOW FOR 1) THE DEMOLITION OF ALL STRUCTURES ONSITE; AND 2) CONSTRUCTION OF A FOUR-STORY MIXED-USE BUILDING CONSISTING OF 14 RESIDENTIAL UNITS, 13 TIMESHARE UNITS, 4,529 SQUARE FEET OF COMMERCIAL AND AN ENCLOSED AT-GRADE PARKING GARAGE SITUATED ON A 0.413-ACRE PROJECT SITE COMPRISED OF THREE PROPERTIES ADDRESSED AS 3068 STATE STREET, 3080 STATE STREET AND 542 OAK AVENUE, AND LOCATED WITHIN DISTRia 1 OF THE VILLAGE REVIEW (VR) ZONE AND LOCAL FACIUTIES MANAGEMENT ZONE 1 RECOMMENDED ACTION: DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER That the City Council hold a public hearing and ADOPT Resolution No. 2015-019 . APPROVING Tentative Tract Map No. CT 14-01 and Major Review Permit No. RP 14-01 to allow for 1) the demolition of all structures onsite located at 3068 State Street, 3080 State Street and 542 Oak Avenue (APNS 203-297-06, 203-297-08 and 203-297-09); and 2) construction of a four-story mixed-use building consisting of 14 residential units, 13 timeshare units, 4,529 square feet of commercial and an enclosed at-grade parking garage situated on a 0.413- acre project site comprised of three properties addressed as 3068 State Street, 3080 State Street and 542 Oak Avenue, and located within District 1 - Carlsbad Village Center of the Village Review (VR) Zone and Local Facilities Management Zone 1 as recommended by the Planning Commission. ITEM EXPLANATION: PROJECT APPUCATION(S) ADMINISTRATIVE APPROVALS PLANNING COMMISSION CITY COUNCIL CT 14-01 RA X RP 14-01 RA X RA = Recommended Approval; x = Final City decision-making authority On November 5, 2014, the Planning Commission conducted a public hearing and recommended approval (7-0) of Tentative Tract Map No. CT 14-01 and Major Review Permit No. RP 14-01 to allow for the demolition of all existing structures on a 0.413 acre site generally located on the northeast corner of State Street and Oak Avenue (i.e., 3068 State Street, 3080 State Street and 542 Oak Avenue) and the construction of a 33,732 square foot four- story mixed-use building consisting of 14 residential units (two of which are affordable), 13 timeshare units, one (1) ground floor commercial unit (4,529 square feet) and a roof deck (4,211 square feet). The project also includes construction of an enclosed at-grade parking garage with 23 parking spaces accessed from Oak Avenue, plus 10 additional tuck under parking spaces adjacent to and accessible from the Tyler Street Alley for a total of 33 on-site parking spaces. The project is proposing to purchase an additional 20 spaces through the Village DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.Roff@carlsbadca.gov FOR CITY CLERKS USE ONLY. V y COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Stote M/xed Use 30 January 27, 2014 Page 2 of 2 Parking In-Lieu Fee Program and is satisfying its inclusionary housing obligation onsite through the construction of two (2) affordable three-bedroom units. A Tentative Tract Map (CT) is required to merge the three (3) existing legal parcels into one (1) common lot and 28 airspace condominium units consisting of 14 residential units (two of which are affordable), 13 timeshare units, and one (1) ground floor commercial unit (4,529 square feet). The Major Review Permit (RP) is required for new construction of a building within the Village Area that has a building permit valuation greater than $150,000. In accordance with Major Review Permit procedures and CMC 21.54.040, the Tentative Tract Map and Major Review Permit are being brought forward to City Council for final decision following a recommendation by the Planning Commission on November 5, 2014. At the November 5, 2014 Planning Commission hearing. Staff presented the project, the applicant made a brief presentation, and two (2) members of the public spoke before the Commission. One of the speakers, while generally supportive ofthe proposed uses and architectural design, expressed general concern about the growth of the Village on the whole. The other speaker had general questions for the applicant and expressed support for the exterior lighting as illustrated in the night rendering of the building. Following the conclusion of public testimony, city staff and the applicant responded to the public comments. Planning Commission discussion ensued. Concerns about parking were raised as it relates specifically to the Village Parking In-Lieu Fee Program and the timing of future public parking structures in the Village. In addition. Planning Commission expressed interest in seeing that the finished building provide exterior illumination similar to that presented in the artist rendering of the building at night. Condition No. 28 was added to Planning Commission Resolution No. 7073 requiring an exterior lighting plan subject to City Planner approval. The approving resolution, along with the Planning Commission staff report and the draft minutes of the November 5, 2014 Planning Commission meeting are attached for the Council's review. FISCAL IMPAa: All public infrastructure required for this project will be funded and/or constructed by the developer. No fiscal impacts to the city have been identified. 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 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan, the Village Master Plan, and the Zoning Ordinance; 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. PUBUC NOTIFICATION: Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the City website are available in the Office of the City Clerk. stote Mixed Use 30 January 27,2014 Page 3 of 3 EXHIBITS: 1. City Council Resolution No. 2015-019 2. Planning Commission Resolution No. 7073 3. Planning Commission Staff Report dated November 5, 2014 4. Planning Commission Minutes dated November 5, 2014 2 1 RESOLUTION NO. 2015-019 ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. CT 14-01 AND MAJOR REVIEW PERMIT NO. RP 14-01 TO ALLOW FOR 1) THE 4 DEMOLITION OF ALL STRUCTURES ONSITE LOCATED AT 3068 STATE STREET, 3080 STATE STREET AND 542 OAK AVENUE (APNS ^ 203-297-06, 203-297-08 AND 203-297-09); AND 2) CONSTRUCTION OF A FOUR-STORY MIXED-USE BUILDING CONSISTING OF 14 RESIDENTIAL UNITS, 13 TIMESHARE UNITS, 7 4,529 SQUARE FEET OF COMMERCIAL AND AN ENCLOSED AT- GRADE PARKING GARAGE SITUATED ON A 0.413-ACRE PROJECT 8 SITE COMPRISED OF THREE PROPERTIES ADDRESSED AS 3068 STATE STREET, 3080 STATE STREET AND 542 OAK AVENUE, AND ^ LOCATED WITHIN DISTRICT 1 - CARLSBAD VILLAGE CENTER OF THE VILLAGE REVIEW (V-R) ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. 11 CASE NAME: STATE MIXED USE 30 CASE NO.: CT 14-01/RP 14-01 6 10 12 13 14 15 16 17 18 22 23 24 25 26 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 5, 2014, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 14-01 and Major Review Permit RP 14-01 and adopted Planning Commission Resolution No. 7073, recommending approval of Tentative Tract Map CT 19 14-01 and Major Review Permit RP 14-01; and 20 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 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is 27 served by adequate facilities. 28 4 1 2 3 4 16 19 20 21 22 23 24 25 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. That this action is final the date this resolution is adopted by the City Council. 5 2. That Tentative Tract Map CT 14-01 and Major Review Permit RP 14-01 are approved and that the findings and conditions of the Planning Commission contained in 6 Resolution No. 7073 on file in the City Clerk's office and Incorporated herein by reference are the findings and conditions ofthe City Council. 7 8 9 The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 10 shall apply: 11 "NOTICE TO APPLICANT" 12 The time within which judicial review of this decision must be sought is governed 13 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 14 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 15 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 17 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, 18 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. /// /// /// /// /// /// 26 /// 27 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 27*^ day of January 2015, by the following vote to wit: AYES: NOES: Council Members Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ABSTAIN: Council Member Hall. MATp4ACCMayor j/^'^^^ %UcM^> ATTEST: BARBARA ENGLES0N,{J2'ity Clerk EXHIBIT 2 6 7 11 12 13 14 16 17 18 19 20 21 22 23 PLANNING COMMISSION RESOLUTION NO. 7073 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND A MAJOR REVIEW PERMIT TO ALLOW FOR 1) THE 4 DEMOLITION OF ALL STRUCTURES ONSITE LOCATED AT 3068 STATE STREET, 3080 STATE STREET AND 542 OAK AVENUE (APNS 203-297-06, 5 203-297-08 AND 203-297-09); AND 2) CONSTRUCTION OF A FOUR STORY MIXED-USE BUILDING CONSISTING OF 14 RESIDENTIAL UNITS, 13 TIMESHARE UNITS, 4,529 SQUARE FEET OF COMMERCIAL AND AN ENCLOSED AT-GRADE PARKING GARAGE SITUATED ON A 0.413-ACRE PROJECT SITE COMPRISED OF THREE PROPERTIES ADDRESSED AS 3068 g STATE STREET, 3080 STATE STREET AND 542 OAK AVENUE, AND LOCATED WITHIN DISTRICT 1-CARLSBAD VILLAGE CENTER OF THE 9 VILLAGE REVIEW (VR) ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: STATE MIXED USE 30 CASE NO.: CT 14-01/RP 14-01 WHEREAS, State & Oak, LLP, "Developer/Owner" has filed a verified application with the City of Carlsbad regarding properties described as: Lots 16,17, and 18 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, ^5 according to Map No. 1710, filed in the office of the County Recorder of San Diego County, December 9,1919 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and a Major Review Permit as shown on Exhibits "A - Q," dated November 5, 2014, on file in the Planning Division, STATE MIXED USE 30 - CT 14-01/RP 14-01, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 5, 2014, hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to 26 the Tentative Tract Map and Major Review Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of 28 Carlsbad as follows: 1 2 4 5 6 7 14 15 23 24 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission 3 RECOMMENDS APPROVAL of STATE MIXED USE 30 - CT 14-01/RP 14-01 based on the following findings and subject to the following conditions: Findings: Tentative Tract Map, CT 14-01 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements ofthe General Plan, any applicable g specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed one lot tentative g tract map for a 28 airspace condominium subdivision is consistent with the General Plan and satisfies all minimum requirements of the Village Master Plan, Titles 20 and 21 with respect 10 to public facilities, access and parking as discussed in the project staff report. 11 2. That the proposed project is compatible with the surrounding future land uses since the surrounding properties are developed, are currently designated as Village (V) in the General 12 Plan and are located in Land Use District 1, Carlsbad Village Center, of the Village Master Plan. The subject property, comprising a total of three (3) legal parcels, is bordered to the north by 1^ residential uses; to the south by Oak Avenue, an auto repair shop, parking lot and cafe; to the east by the Tyler Street Alley, a mixture of residential uses, parking lot and two (2) restaurants; and to the west by State Street, public parking lots C and D, and a mixture of retail and office uses. Pursuant to the Land Use District 1 of the Village Master Plan, the intent is to reinforce the pedestrian shopping environment, encourage mutually supportive uses and provide activity focus for Carlsbad Village and the City as a whole. 27 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, 18 in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.413 acres, the 19 proposed 14 residential condominium units have a density of 33.8 dwelling units per acre. The 13 timeshare units are considered commercial living units for purposes of temporary 20 lodging and do not count towards project density. The one (1) commercial unit, consisting of 4,552 sq. ft. of ground floor commercial space, is also not counted towards overall project 21 density. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 25 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). PC RESO NO. 7073 -2- 1 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural 2 heating or cooling opportunities in the subdivision, in that the proposed residential units have a north, south, east and west orientation thereby allowing for passive or natural solar heating 3 and cooling opportunities. 4 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources in that the project is required to provide a total of two (2) inclusionary units. Specifically, the applicant proposes to designate two (2) of the 14 residential condominium units as inclusionary units, both of which are three-bedroom units. In addition, the project has been conditioned to require the approval of an Affordable Housing Agreement prior to recordation of the final map. 9 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, 10 in that the project site has been previously developed and, therefore, does not impact any fish, wildlife or habitat. 11 That the discharge of waste from the subdivision will not result in violation of existing California 12 Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance 1^ with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 14 10. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing streets can accommodate the estimated 2g increase of 335 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. In addition, the proposed project 17 would not result in any significant capacity-related impacts to any road segments or intersections. 23 24 25 Major Review Permit, RP 14-01 18 19 .. 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with 20 the Elements of the City's General Plan, and the development standards of the Village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff 21 report dated November 5, 2014, including, but not limited to the following: 22 a. Land Use. The proposed project, which includes demolition of seven (7) existing residential units (3068 State Street, 3080 State Street and 542 Oak Avenue) and construction of a 33,732 square foot four-story mixed-use building consisting of 14 residential units (two of which are affordable), 13 timeshare units, one (1) ground floor commercial unit (4,529 square feet) and a roof deck (4,211 square feet), will enhance the vitality of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing mutually supportive uses in the form of residential, timeshare 25 and commercial; reinforcing the pedestrian-orientation that is desired for the downtown area by placing new residents and timeshare occupants in close proximity 27 to services and the opportunity to walk to local shopping, dining, recreation, and mass transit functions; the project's close proximity to existing bus routes and mass transit 28 PC RESO NO. 7073 -3- 1 „ help to further the goal of providing new economic and residential development near 2 transportation corridors; and lastly, will contribute to the revitalization of the Village area in the form of a new building at the southern end of State Street which not only 3 provides a strong street presence, extensive architectural relief, landscaping and visually subordinate parking, but also new commercial lease space, new employment 4 opportunities and new consumers for the Village. 14 15 16 23 24 Housing. The proposed project is consistent with the Housing Element of the General Plan and the City's Inclusionary Housing Ordinance, in that the proposed project includes the construction of two (2) three-bedroom inclusionary units on-site. The project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to recordation of the final map. 5 6 7 8 c. Circulation. The existing streets can accommodate the estimated 341 ADTs (net g increase) 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 10 circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, 11 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 12 implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm 1^ drainage facilities. d. Public Safety. The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CBC) and State building requirements. Additionally, the proposed project design is consistent with all of the applicable fire safety requirements; and the entire building is designed to be sprinkled in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad Yj regulations. 18 e. Noise. A Noise Impact Study (February 2014) in accordance with the City of Carlsbad's Noise Guidelines was prepared by Rincon Consultants, Environmental Scientists, 19 Planners and Engineers to address any potential noise and/or ground-borne vibration/noise impacts occurring as a result of 1) the project sites close proximity to 20 the railroad tracks located approximately 250 ft. to the west, and 2) traffic noise associated with an urban environment. No significant adverse ground-borne 21 vibration and/or ground-borne noise impacts were identified. Additionally, no significant adverse noise impacts were identified that would not be reduced by 22 standard construction practices prescribed by the California Energy Code Title 24 standards. Land Use District 1 Standards. The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and 25 other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. 26 12. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and 27 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: 28 PC RESO NO. 7073 -4- 1 a. The project is consistent with Village Review Master Plan and Design Manual in that the 2 project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village 3 by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes 4 Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; attracting additional tourist-serving uses; increasing the ^ number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) ^ improves the physical appearance of the Village Area by redeveloping an underutilized _^ site along State Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area; 8 b. The proposed use is consistent with the goals and objectives set forth for Land Use g District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, 10 timeshare and commercial uses along State Street, but reinforces the pedestrian- orientation desired for the downtown area by providing new residents and timeshare 11 occupants an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to 12 further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village 1^ area in the form of a new building at the southern end of State Street; new commercial lease space, new employment opportunities and new consumers; 14 c. 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 City Council; and ^g d. The In-Lieu Fee Program has not been suspended or terminated by the City Council. 2g City Council Policy No. 43, Allocation for Excess Dwelling Units 20 13- That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the 21 adjacent mix of residential and commercial land uses and anticipated uses in that Land Use District 1 of the Village Master Plan is intended to provide for a gradual transition to a mix of 22 higher quality commercial and residential uses which will provide positive support for the core ofthe Village. 23 14. That the project location and density are in accordance with the applicable provisions of the 2^* General Plan and any other applicable planning document, in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.413 acres, the proposed 14 residential condominium units have a density of 33.8 dwelling units per acre. The 13 timeshare units are considered commercial living units for purposes of temporary lodging and do not count 2j towards project density. The one (1) commercial unit, consisting of 4,552 sq. ft. of ground floor commercial space, is also not counted towards overall project density. 25 26 28 PC RESO NO. 7073 -5- 15 16 California Environmental Quality Act: 1 „ 15. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest 2 quadrant to remove 14 units. Per the city's Quadrant Dwelling Unit Report (dated September 30, 2014), 2,094 units remain available for allocation in the northwest quadrant. 3 4 16. The City Planner has determined that the project belongs to a class of projects that the State ^ Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 ofthe State CEQA Guidelines do not apply to this project. General 6 7 8 9 17. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 10 Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all 11 facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government 12 administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 13 The project has been conditioned to provide proof from the Carlsbad Unified School District 1^ that the project has satisfied its obligation for school facilities. b. 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. c. 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. 18 18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape ig Ordinance (Carlsbad Municipal Code Chapter 18.50). 20 19- 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 21 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. 22 23 24 25 26 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval ofthe final map, demolition permit, grading permit or building permit whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein 27 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 28 PC RESO NO. 7073 -6- 1,. granted; record a notice of violation on the property title; institute and prosecute litigation to 2 compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative 3 Tract Map and Major Review Permit. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and 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 g regulations in effect at the time of building permit issuance. g 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, 10 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 11 determines that the project without the condition complies with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 13 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 Tentative Tract Map and 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 18 validated. 14 15 16 19 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Tentative Map and Site Plan reflecting the conditions approved by the final decision-making 20 body. 21 7. 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 22 provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 23 24 This approval shall become null and void if building permits are not issued for this project within 25 24 months from the date of project approval. 27 PC RESO NO. 7073 -7- 1 „ 10. Building permits will not be issued for this project unless the local agency providing water and 2 sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the 3 application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 4 23 24 14. The irrigation systems shall be designed for the use of recycled water unless an exemption is granted by the City of Carlsbad Utility Division. ^ 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building g permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9 12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan 10 showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final 11 Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 12 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape 13 plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14 15 16 15. A separate water service for landscaping including but not limited to connections, water Yj meters, and backflow preventers shall be provided. 18 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance 19 as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department. 20 17. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of 21 Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Major Review Permit by Resolution No. 7073 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute 25 and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 26 18. Developer shall establish a homeowner's association and corresponding covenants, conditions 27 and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide 28 PC RESO NO. 7073 -8- 14 15 16 23 24 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 1 „ the Planning Division with a recorded copy ofthe official CC&Rs that have been approved by the 2 Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: 3 General Enforcement by the City. The City shall have the right, but not the obligation, 4 to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 5 6 7 8 Failure of Association to Maintain Common Area Lots and Easements. In the event that 9 the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall 10 have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 11 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 12 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such 13 maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, 27 the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's 18 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within 19 the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the 20 Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be 21 deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection 22 from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien 25 upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to 25 impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes 27 of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 28 PC RESO NO. 7073 -9- 1 „ Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner 2 landscape maintenance responsibilities shall be as set forth in Exhibit 3 19. This project is being approved as a condominium permit for residential, timeshare, and commercial ownership purposes. If any of the residential units in the project are rented, the 4 minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 6 7 22 23 24 26 27 28 20. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four (4) months. A note indicating this requirement shall be placed on the final map for the project. The CC&Rs for the project shall also include this requirement. g 21. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject 9 to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad 10 Environmental Impacts on file in the Planning Division). 11 22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner 12 an Outdoor Storage Plan, and thereafter comply with the approved plan. 1^ 23. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 14 15 16 25. Prior to the approval of the final map for any phase of this project, or where a map is not being 17 processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict two (2) 18 dwelling units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth In Chapter 21.85 ofthe Carlsbad Municipal Code. The draft 19 Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be 20 binding on all future owners and successors in interest. 21 26. Developer shall construct the two (2) required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority ofthe City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 24. Developer shall construct, install, and stripe not less than 33 parking spaces, including two accessible parking spaces, as shown on Exhibits "A - Q". 27. 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 twenty (20) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the 25 building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (20 spaces total). PC RESO NO. 7073 -10- 1 „ 28. Prior to the issuance of building permits, the applicant shall submit a lighting plan for review 2 and approval by the City Planner that includes: 3 a. Lighting at the first floor of the building exterior along the street frontage; b. Exterior tree lighting; and 4 c. Lighting consistent with the rendering presented for the project. 5 26 27 28 Engineering: 6 General ^ 29. 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. 9 30. This project is approved upon the express condition that building permits will not be issued for 2Q 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 22 continue to be available until time of occupancy. 12 31. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private 13 improvements within this subdivision, including but not limited to private utilities, street trees sidewalks, landscaping, water quality treatment measures, low impact development features 14 and storm drain located therein and to distribute the costs of such maintenance in an equitable manner among the owners ofthe properties within this subdivision. 15 32. Developer shall prepare, submit and process for city engineer approval a final map to subdivide 1^ this project. There shall be one Final Map recorded for this project. 17 18 19 20 21 „ 35. Developer shall cause property owner to execute and submit to the city engineer for 22 recordation the city's standard form Drainage Hold Harmless Agreement. 23 36. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice 24 Maintenance Agreement. 33. Developer shall install sight distance corridors at all street/alley intersections and driveways in accordance with City Engineering Standards. The property owners shall maintain this condition. Fees/Agreements 34. 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. 37. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering any private improvements located over public right-of-way or easements Developer shall pay processing fees per the city's latest fee schedule. PC RESO NO. 7073 -11- 1 „ 38. Prior to approval of any grading or building permits for this project, developer shall cause 2 owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and 3 Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city 4 engineer. ^ 39. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Street Tree Maintenance Agreement. 6 ^ 40. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement g to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be g formed. 10 Grading 11 41. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and 12 technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 13 14 15 16 23 24 25 42. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 2y 43. 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 28 not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, 19 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 20 the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 21 44. Developer shall complete and submit to the city engineer a Project Threat Assessment Form 22 (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 ofthe city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 45. This project is subject to 'Priority Development Project' requirements. Developer shall prepare 25 and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the 27 city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact 28 PC RESO NO. 7073 -12- 1 „ development (site design) approaches to ensure that runoff from impervious areas (roofs, 2 pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 3 46. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, 4 landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. ^ Dedications/Improvements 47. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check g and inspection fees for private drainage systems. g 48. The location, size and type of improvements shown in the public right-of-way on the tentative map and project site plan including but not limited to, tree wells, access ramps, sidewalks, 10 landscaping and public and private utilities are preliminary and final locations shall be determined to the satisfaction ofthe City Engineer. 11 49. Developer shall prepare and process public improvement plans and, prior to city engineer 12 approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public 13 improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not 1'* limited to: A. Curb, gutter, sidewalk, driveway approach, street and alley pavement. B. Potable water services and public water meters. C. Water line extension for fire prevention purposes. 15 16 17 Developer shall pay the standard improvement plan check and inspection fees. Improvements 18 listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 19 " 20 21 Non-Mapping Notes 50. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard subdivision Improvement Agreement and has 22 posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map and project site plan. These improvements include, but are not limited to: 23 24 25 26 B. Building permits will not be issued for development of the subject property unless the 27 appropriate agency determines that sewer and water facilities are available. 1. Curb, gutter, sidewalk, driveway approach, street and alley pavement. 2. Potable water services and public water meters. 3. Water line extension for fire prevention purposes. 28 PC RESO NO. 7073 -13- 11 12 15 16 23 24 25 C. Geotechnical Caution: 1. The owner of this property on behalf of itself and all of its successors in interest has 3 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and 4 subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. ^ D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed g to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or g the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, 10 construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 51. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, 13 fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 52. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 27 53. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 18 54. The developer shall install sewer laterals and clean-outs at locations approved by the city 19 engineer. The locations of sewer laterals shall be reflected on public improvement plans. 20 55. The developer shall design and construct public water and private sewer substantially as shown on the tentative map to the satisfaction ofthe district engineer and city engineer. 21 56. The developer shall provide separate potable water meters for each separately owned unit 22 within this subdivision. 57. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi-ownership building within this subdivision provided: 25 A. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each 27 and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity 28 PC RESO NO. 7073 -14- 1 „ responsible for paying the monthly water service charges to CMWD for the respective 2 building occupied by the multi-ownership, CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted 3 rules and regulations. 4 B. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service ^ connection and meter. 6 7 17 18 26 27 28 If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this subdivision per district requirements. g 57. Prior to issuance of building permits, developer shall underground all existing overhead utilities along the subdivision boundary adjacent to the Tyler Street Alley. Provision shall be made to g underground all existing overhead feeds to adjacent properties. 10 Code Reminders: 11 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 12 58. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 13 required by Chapter 20.44 of the Carlsbad Municipal Code. 14 59. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 15 60. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management 1^ fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 61. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 2g 62. This tentative map shall expire two years from the date on which the City Council voted to approve this application. 20 63. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 21 Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 22 64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code 23 Section 18.04.320. 24 65. 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. 66. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer PC RESO NO. 7073 -15- 21 1 „ shall immediately initiate negotiations to acquire such property. The developer shall use its best 2 efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts, and comply with the requirements ofthe Carlsbad Municipal Code 3 Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. 4 " 5 6 7 8 „ An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village 9 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 10 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. 11 12 67. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map and project site plan are for planning purposes only. NOTICE TO APPLICANT NOTICE 23 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." 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you 15 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 16 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. 17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 1^ 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 19 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. 21 22 23 24 25 26 27 28 PC RESO NO. 7073 -16- 11 12 13 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of the City of Carlsbad, California, held on November 5, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Montgomery, 4 Scully, Segall and Siekmann NOES: ABSENT: ABSTAIN: 5 6 7 8 9 NEIL BLACK, Chairperson 10 CARLSBAD PLANNING COMMISSION ruJ sj.^ ATTEST: (I>1 DON NEU City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7073 -17- The City of Carlsbad Planning Division EXHIBIT 3 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: November 5, 2014 Application complete date: May 15, 2014 Project Planner: Jason Goff Project Engineer: Steve Bobbett SUBJECT: CT 14-01/RP 14-01 - STATE MIXED USE 30 - Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to allow for 1) the demolition of all structures onsite located at 3068 State Street, 3080 State Street and 542 Oak Avenue (APNs 203-297-06, 203-297-08 and 203-297-09); and 2) construction of a four-story mixed-use building consisting of 14 residential units, 13 timeshare units, 4,529 square feet of commercial and an enclosed at-grade parking garage situated on a 0.413-acre project site comprised of three properties addressed as 3068 State Street, 3080 State Street and 542 Oak Avenue, and located within District 1-Carlsbad Village Center ofthe Village Review (VR) Zone and 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. 7073 RECOMMENDING APPROVAL of Tentative Tract Map CT 14-01 and Major Village Review Permit RP 14-01 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Proiect Site/Setting: The 0.413-acre project site is comprised of three legal parcels (APNs 203-297-06, 203-297-08 and 203- 297-09) generally located on the northeast corner of State Street and Oak Avenue. More specifically, these three properties are addressed as 3068 State Street, 3080 State Street and 542 Oak Avenue. Two of these properties front on State Street, while the third is a corner lot fronting both State Street and Oak Avenue. The Tyler Street Alley, extending from Oak Avenue to Carlsbad Village Drive, bounds the project site along the eastern side. The project site is located within Land Use District 1-Carlsbad Village Center ofthe Village Master Plan and is located outside ofthe Coastal Zone. The properties are currently developed with a mix of attached and detached residential uses with various accessory shed type structures. Table 1 below summarizes the existing onsite land uses. TABLE 1 - EXISTING LAND USES Address APN Occupant 3068 State Street 203-297-06 Four (4) residential units within two (2), one-story two-family residential dwellings, plus one (1) small detached accessory structure. 3080 State Street 203-297-07 Two (2) residential units within a single one-story two-family residential dwelling. 542 Oak Avenue 203-297-08 One-story single-family residential dwelling. CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 2 Table 2 below identifies the General Plan designations, zoning and current land uses ofthe project site and surrounding properties. TABLE 2 - SURROUNDING LAND USES Location General Plan Zoning Current Land Use Site Village (V) Village Review (V-R) Two-family and one-family residential uses (seven (7) residential units total). North Village (V) Village Review (V-R) Single-family residential. South Village (V) Village Review (V-R) Oak Avenue, City of Carlsbad Pubiic Works, restaurant (i.e.. Cafe Panini) and automotive repair/smog shop. East Village (V) Village Review (V-R) Tyler Street Alley, multi-family residential, single-family residential, parking lot, and restaurants (i.e.. New York Pizzeria and Cafe Topes). West Village (V) Village Review (V-R) State Street, public parking lots C and D, hair salon, antique shop and office uses. Proiect Proposal: In general, the project applicant is requesting approval of a Tentative Tract Map (CT) and Major Village Review Permit (RP) to demolish all existing structures located on the above-noted properties and to construct in place a 33,732 square foot four-story mixed-use building consisting of 14 residential units (two of which are affordable), 13 timeshare units, one (1) ground floor commercial unit (4,529 square feet) and a roof deck (4,211 square feet). The project also includes construction of an enclosed at-grade parking garage with 23 parking spaces accessed from Oak Avenue, plus 10 additional tuck under parking spaces adjacent to and accessible from the Tyler Street Alley for a total of 33 on-site parking spaces. The project is proposing to purchase an additional 20 spaces through the Village Parking In-Lieu Fee Program and is satisfying its inclusionary housing obligation onsite through the construction of two (2) affordable three-bedroom units. The proposed density of this project is 33.8 dwelling units per acre and will generate a net increase of 341 average daily trips. Grading for the proposed project includes 500 cubic yards of cut and no fill. As a result, a total of 500 cubic yards of material is proposed to be exported. In addition to the 4,529 square foot of commercial space fronting State Street and 33 on-site parking spaces accessed from Oak Avenue and the Tyler Street Alley; development of the ground floor uses will also include a separate lobby area (174 sq. ft.) with stairs and elevator access to the residential and timeshare units above. Frontage improvements along both State Street and Oak Avenue propose to include new curb, gutter, sidewalks, bike racks, street trees and enhanced landscaping. The proposed commercial space will accommodate multiple tenant opportunities along State Street with a majority of the space having been designed to 46 foot depths for purposes of supporting legitimate and quality commercial uses within the Village. Aside from recreational amenities in the form of a pool and spa located on the second floor terrace and a 4,211 square foot roof deck, the three upper floors (i.e., 2"'', 3'^'', and 4*^ floors) more or less mimic the other in orientation, design and use. These three floors are oriented one atop the other in a horseshoe configuration with 21 units overlooking State Street and Oak Avenue, and the remaining six (6) units overlooking the Tyler Street Alley and the interior courtyard. The north side of the building is open to an interior courtyard and/or walkways above. Each unit includes a private balcony or deck overlooking the center courtyard or the State Street/Oak Avenue frontage, as well as a separate enclosed storage closet CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 3 within a centralized storage area located on each floor. Table 3 below provides a unit summary of each ofthe upper floors: Table 3-UNITSUMMARY Floor Level Use No. of Units No. of Bedrooms Living Area 2nd Residential 2 1 bedroom 778 sq. ft. to 858 sq. ft. 2 2 bedroom 987 sq.ft. to 1,360 sq.ft. Timeshare 4 2 bedroom 740 sq.ft. to 837 sq.ft. 1 3 bedroom 1,115 sq.ft. 3rd Residential 2 1 bedroom 778 sq. ft. to 858 sq. ft. 2 2 bedroom 987 sq. ft. to 1,360 sq. ft. (Affordable) 1 3 bedroom 1,115 sq. ft. Timeshare: 2 bedroom 740 sq. ft. to 837 sq. ft. 4th Residential: 2 1 bedroom 778 sq. ft. to 858 sq. ft. 2 2 bedroom 987 sq.ft. to 1,360 sq.ft. (Affordable) 1 3 bedroom 1,115 sq.ft. Timeshare: 4 2 bedroom 740 sq.ft. to 837 sq.ft. The proposed architectural design is characterized as coastal contemporary and utilizes form, materials and colors to reinforce this theme. The entire lower floor of the proposed building incorporates two (2) types of natural brick with ledge stone banding contrasted by enhanced landscaping and flowering street trees to provide a rich pedestrian experience along both streetscapes. To provide pedestrian scale, the massing of the three upper floors has been stepped back; and to enliven the street scene below, private balconies and decks have been added for residents and timeshare occupants. Material changes and clearly defined offsets are utilized to break the building into smaller vertical units so as to be consistent with the village character. Such material changes include natural brick; ledge stone banding, horizontal composite redwood paneling; vertical wood paneling; stucco; green tinted glass and metal adornments and awnings. Tower elements with decorative metal outriggers have been added at each corner ofthe building, and most importantly at the intersection of State Street and Oak Avenue as a means of grounding the end of the street and providing an important visual beacon for pedestrians and shoppers. A Tentative Tract Map (CT) is required to merge the three (3) existing legal parcels into one (1) common lot and 28 airspace condominium units consisting of 14 residential units (two of which are affordable), 13 timeshare units, and one (1) ground floor commercial unit (4,529 square feet). The Major Review Permit (RP) is required for new construction of a building within the Village Area that has a building permit valuation greater than $150,000. Both permits require a Planning Commission recommendation and City Council approval. III. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use designation; B. Village Review (V-R) Zone (C.M.C. Chapter 21.35), Land Use District 1 - Carlsbad Village Center (Village Master Plan and Design Manual); C. Inclusionary Housing Ordinance (C.M.C. Chapter 21.85); D. Subdivision Ordinance (C.M.C. Title 20); and E. Growth Management Ordinance (C.M.C. Chapter 21.90), Local Facilities Management Plan Zone 1. CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 4 A. Village (V) General Plan Land Use Designation The subject property, comprised of three (3) legal parcels, has a General Plan Land Use designation of Village (V). As discussed in the Village Master Plan, properties within the Village Area do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the Village Master Plan. For mixed use projects, the minimum density is calculated based on 50% of the developable area. Timeshares are considered commercial living units for purposes of temporary lodging and do not count towards project density. Table 4 below identifies the permissible density range for properties located within Land Use District 1. TABLE 4 - PROJEa DENSITY Gross Acres Net Acres Allowable Density Range; Min/Max Dwelling Units per Village Master Plan Project Density; Proposed Dwelling units 0.413 ac N/A 28-35 du/ac; 6-14 dwelling units 33.89 du/ac; 14 dwelling units Pursuant to the Housing Element ofthe General Plan, because a Growth Management Control Point has not been established for residential development in the Village, all residential units approved in the Village must be withdrawn from the City's Excess Dwelling Unit Bank. The City's Excess Dwelling Unit Bank is implemented through City Council Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling units shall agree to provide the number of inclusionary units as required pursuant to C.M.C. Section 21.85.050 and shall execute an affordable housing agreement prior to recordation of the final map pursuant to C.M.C. Section 21.85.140. As discussed in Section C below, the proposal to construct two (2) inclusionary units onsite is consistent with the inclusionary housing requirements as set forth in City Council Policy No. 43. In addition, the project is accordingly- conditioned to require the execution of the affordable housing agreement prior to recordation of the final map. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and applicable provisions of the General Plan and other applicable planning documents. As discussed in the attached Planning Commission Resolution No. 7073, the proposed project meets these findings. As the proposed project requires approval from City Council, the City Council is the final decision-making authority for the allocation from the Excess Dwelling Unit Bank. The following Table 5 describes how the proposed project is consistent with the various elements ofthe Carlsbad General Plan. CT 14-01/RP 14-01 • Novembers, 2014 Page 5 STATE MIXED USE 30 TABLE 5 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Goal A.l - A City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale. Goal A.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 retail shops. Goal A.3-A Citv which encourages new economic development in the Village and near transportation corridors to retain and increase resident- serving uses. Goal A.4-A City that encourages a variety of complementary uses such as a combination of residential and commercial uses to generate a lively, interesting social environment and a profitable business setting. The proposed mixed-use development not only provides mutually supportive uses in the form of residential, timeshare and commercial opportunities, but reinforces the pedestrian- orientation desired for the downtown area by providing new residents and timeshare occupants an opportunity to walk to local shopping, dining, recreation, and mass transit functions; its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, will contribute to the revitalization of the Village area in the form of a new building at the southern end of State Street; new commercial lease space, new employment opportunities and new consumers. Yes CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 6 TABLE 5-GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Housing Policy 3.1 - Require affordability for lower income households of a minimum 15 percent of all units approved for a qualified subdivision (as defined in the Inclusionary Housing Ordinance.) The project has been conditioned to enter into an Affordable Housing Agreement to construct two (2) inclusionary housing units onsite. The applicant has voluntarily set aside two (2) of the larger three (3) bedroom units for inclusionary housing purposes. Policy 3.4 - Adhere to City Council Policy Statement 43 when considering allocation of units from the Excess Dwelling Unit Bank. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and the project is consistent with the General Plan and any other applicable planning document. As discussed in the attached Planning Commission Resolution No. 7073, the proposed project meets these findings. Yes Circulation Objective B.l Provide adequate circulation infrastructure concurrent with or prior to the actual demand for such facilities. The proposed project has been designed to meet all of the circulation requirements, which includes but is not limited to, improving the Tyler Street Alley frontage, as well as providing new frontage improvements along both State Street and Oak Avenue in the form of curb, gutter and sidewalk with street trees. Yes Public Safety Policy C.l - Design all structures in accordance with the seismic design standards ofthe California Building Code (CBC) and State building requirements. The proposed building is required to be designed in conformance with all seismic design standards ofthe California Building Code (CBC) and State building requirements. Policy B.4 - Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The proposed project design is consistent with all ofthe applicable fire safety requirements. Additionally, the entire building is designed to be sprinkled in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. Yes Yes CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 7 TABLE 5-GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise Policy C.5 - Interior noise standard of 45 dBA CNEL and exterior noise standard of 60 dBA CNEL for residential land uses. A Noise Impact Study (February 2014) in accordance with the City of Carlsbad's Noise Guidelines was prepared by Rincon Consultants, Environmental Scientists, Planners and Engineers to address any potential noise and/or ground-borne vibration/noise impacts occurring as a result of 1) the project sites close proximity to the railroad tracks located approximately 250 ft. to the west, and 2) traffic noise associated with an urban environment. No significant adverse ground-borne vibration and/or ground-borne noise impacts were identified. Additionally, no significant adverse noise impacts were identified that would not be reduced by standard construction practices prescribed by the California Energy Code Title 24 standards. Yes Village Review Zone (C.M.C. Chapter 21.35), Land Use District 1 Master Plan and Design Manual) Carlsbad Village Center (Village The subject property is located within Land Use District 1 - Carlsbad Village Center ofthe Village Master Plan. Mixed-use (residential and commercial uses) is a permitted use, while timeshares are identified as a provisional land use. No special considerations, findings or conditions for the timeshare use is listed in the Village Master Plan. The specific development standards for new development within Land Use District 1 and the project's compliance with these standards are shown in Table 6 below: TABLE 6 - VILLAGE MASTER PLAN, LAND USE DISTRICT 1 (CARLSBAD VILLAGE CENTER) STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Setback: Front Yard (State St.) No minimum; 10 ft. maximum for the first at grade floor. Setback areas not occupied by a driveway shall be landscaped and/or contain semi-public amenities such as courtyard or outdoor seating areas. Ground Floor: 0 ft. to 4 ft. Upper Floors: Oft. to 11 ft. All setbacks have been landscaped. Raised planters with seat walls (22" tall max.) have been placed along the public pedestrian frontage to provide places for pedestrians to rest. Yes 2P CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 8 TABLE 6 - VILLAGE MASTER PLAN, LAND USE DISTRICT 1 (CARLSBAD VILLAGE CENTER)(CONTINUED) STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Setback: Side Yards (North Side/Oak Avenue) No minimum or maximum Ground Floor: North: 6 inches to 4 ft. South (Oak Ave.): 1ft. to 6 ft. Upper Floors: North: 6 inches to 4 ft. South (Oak Ave.): 1 ft. to 11 ft. Yes Setback: Rear Yard (Tyler St. Alley) No minimum or maximum Ground Floor: 4 ft. Upper Floors: 3 inches to 1 ft. Yes Open Space: 20% = 3,601 sq. ft. Open space may be public or private and may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios and outdoor eating areas. 66% (11,916 sq. ft.) Landscape/Planters: 3,517 sq. ft. Private Balconies: 2,577 sq. ft. Pool Deck: 2,067 sq. ft. Roof Deck: 4,211 Yes Building Coverage: 100% 89.7% Yes Building Height: 45 ft. maximum Pursuant to C.M.C. 21.46.020, the following project related architectural features are considered allowed protrusions above height limits and are therefore exempted from the maximum building height standard: Parapet walls, tower elements, and clear glass guard rail. Roof Line: 43'-6" Parapet walls: 45'-2" to 46'-6" Clear Glass Guardrail: 47'-0" Towers: 49'-6" to 50'-10" Yes Property Line Walls/Fences: 6 ft. max No property line walls or fences are proposed. Yes CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 9 TABLE 6 - VILLAGE MASTER PLAN, LAND USE DISTRia 1 (CARLSBAD VILLAGE CENTER)(CONTINUED) STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Parking: Multi-family Dwellings (Outside Coastal Zone): One (1) space per studio or 1- bedroom; or two (2) spaces per 2- bedrooms or more. Guest: No spaces required for properties located outside of coastal zone For condominiums, at least one space must be covered. Residential development must provide its parking onsite. 14 Residential Condo. Units: 6 units = 1-bedroom 8 units = 2-bedrooms or more 1 space X 6 units = 6 spaces 2 spaces x 8 units = 16 spaces 6 4-16=^22 22 spaces required (11 must be covered) Time Share: 1.2 spaces per unit 13 Timeshare units proposed 13 x 1.2 = 15.6 = 16 16 spaces required Commercial: One (1) space per 300 sq. ft. of net floor area. 4,529 sq. ft. V 300 sq. ft. = 15 15 spaces required Total Spaces Required: 22 + 16 + 15 = 53 spaces 22 spaces must be provided onsite for the 14 residential units proposed. The remaining spaces can be provided onsite, or satisfied via the Village Parking In-Lieu Fee Progranr 53 spaces provided. 33 parking space are provided onsite via an enclosed at-grade parking garage and tuck under parking. These spaces satisfy the project's requirement to provide 22 residential parking spaces onsite, all of which are covered spaces. The remaining 11 onsite parking spaces will be dedicated to the timeshare use. Therefore, all required commercial parking (15 spaces) plus the remaining timeshare parking (5 spaces) for a total of 20 spaces will be provided through the participation in the Village Parking In-Lieu Fee Program. Public Parking Lots C (50 spaces) and D (78 spaces) are located directly across State Street to the west. In addition to Parking Lots C and D, Lots A (55 spaces), E (39 spaces) and F (43 spaces) are also located within 600 feet of the project site. Findings of support are discussed below and also in Planning Commission Resolution No. 7073. Yes CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 10 TABLE 6 - VILLAGE MASTER PLAN, LAND USE DISTRia 1 (CARLSBAD VILLAGE CENTER)(CONTINUED) STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Compact Parking A maximum 40% of the total number of parking spaces provided on-site may be constructed to meet the requirements of a small or compact vehicle. 40% of 33 spaces = 13 spaces 8 compact spaces provided. Yes As discussed in Table 6 above, the project proposes to satisfy its requirement to provide 20 parking spaces off-site through participation in the Village Parking In-Lieu Fee Program. The fees collected from the Village 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 (2) parking zones (i.e.. Zone 1 and Zone 2). Outside of the Coastal Zone, a property/business owner is eligible to participate in the program if located in either of these zones regardless of proximity to an existing or future public parking lot. The subject property is located within Zone 1 and is also located within 600 feet of five (5) existing public parking lots (i.e.. Lots A, C, D, E and F), which combined have a total of 265 parking spaces (see Attachment No. 3 - Village Public Parking Lots). Lots C and D, which are located directly across State Street to the west, consists of 128 parking spaces. 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, conversion and/or intensifications of use. The project applicant is requesting participation in the Village Parking In-Lieu Fee Program for 20 parking spaces or 37% 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 current fee is $11,803 per required parking space to be provided off-site. In order to participate in the Village Parking In-Lieu Fee Program the following findings must be made by the appropriate decision-making authority: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; 2. The proposed use is consistent with the land use district in which the property is located; 3. Adequate parking is available within the Village to accommodate the project's parking demands; and 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Justification for the above referenced findings is as follows: 1. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; attracting additional tourist- serving uses; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by redeveloping an underutilized site along 3 CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 11 State Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area; 2. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, timeshare and commercial uses along State Street, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and timeshare occupants an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building at the southern end of State Street; new commercial lease space, new employment opportunities and new consumers; 3. 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 ofthe parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council; and 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Based on these findings, it is staff's recommendation that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of 20 parking spaces. If the City Council grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Review Master Plan. C. Inclusionary Housing The City's Inclusionary Housing regulations (C.M.C. Chapter 21.85) require that a minimum of 15% of all proposed ownership units in any residential project be restricted to lower income households. As a result, the proposal to construct 14 residential units requires a total of two (2) inclusionary units. The applicant proposes to construct two (2) three-bedroom inclusionary units onsite. One affordable unit is located on the third floor and the other is located on the fourth floor. As required by C.M.C. Chapter 21.85, the project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to recordation of the final map. D. Subdivision Ordinance The project currently spans three (3) legal parcels (APNs 203-297-06, 203-297-08 and 203-297-09). As part of the proposed project, the lots are proposed to be merged into one (1) common lot that will accommodate 28 airspace condominium units, consisting of 14 residential units (two of which are affordable), 13 timeshare units, and one (1) ground floor commercial unit. As conditioned, design ofthe proposed tentative tract map and the improvements are consistent with and satisfy the requirements of the General Plan, Village Master Plan, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act. In addition, the design of the subdivision and the required improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. All easements have been identified and none are affected by the proposed subdivision. CT 14-01/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 12 E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 7 below. TABLE 7 - GROWTH MANAGEMENT COMPUANCE STANDARD IMPACTS COMPLIANCE City Administration 48.67 sq. ft. Yes Library 25.96 sq.ft. Yes Waste Water Treatment 30 EDU Yes Parks 0.10 acres Yes Drainage 1.8 CFS/Basin B Yes Circulation Existing: 56 ADT Proposed: 397 ADT Net increase: 341 ADT Yes Fire Station 1 Yes Open Space N/A N/A Schools (Carlsbad) Elementary = 2.39 Middle = 1.18 High School = 1.02 Yes Sewer Collection System 6,492 GPD Yes Water 7,792 GPD Yes Properties located within the boundaries ofthe Village Master Plan do not have a Growth Management Control Point or an allocation for dwelling units. Pursuant to the Village Master Plan, based upon the gross 0.413 acres on the site, up to 14 residential dwelling unit may be built. Therefore, as 14 residential dwelling units are proposed, a total of 14 residential dwelling units are proposed to be deducted from the City's Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No. 7073, the allocation from the Excess Dwelling Unit Bank can be supported. IV. ENVIRONMENTAL REVIEW 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 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan, the Village Master Plan, and the Zoning Ordinance; 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. CT 14-Ql/RP 14-01 - STATE MIXED USE 30 Novembers, 2014 Page 13 ATTACHMENTS: 1. Planning Commission Resolution No. 7073 2. Location Map 3. Village Public Parking Lots 4. Disclosure Statement 5. Reduced Exhibits 6. Full Size Exhibits "A - Q" dated November 5, 2014 "HP SITEMAP N NOT TO SCALE State Mixed Use 30 CT 14-01 / RP 14-01 RUE DES CHATEAUX I |C.YPRESS';5lVA'LLE'^ IGBASTER'STATIONJDY- BEECH AV •".BEACH'ACe^L Parking Lot Spaces A B C 50 D 78 ' E 39 F 43 / G 26 H 30 ^ I 12 J 469 , ihiu GRAND AV ARBUfcKLEPLSI 'HOHEAV —^^^i to H PACIFIC-: OCEAH nnnwiB) TT ^^SBAD VILLAGEDR> Z 'oAKAV/ftttEYj [•J)J 1 Project Site PINEAV 5 WAUNUT AV ^r-aiaoREAV 1— I 600-Foot Radius r—rrrm CHESTNUT AV :\cbgis\pro(lucts\planning\Public Notice\2014 Public Notice H/laps\CT 14-01_PARKING Village Public Parking Lots 600 300 c DISCLOSURE STATEIVIENT P"'1(A) Develoiiy?etit Services Planning Division 1635 Foradoy Avenue (760) 602-4610 wvi^w.carlsbadca.gov Applicant's statement or disclosure of -ff Cin .-/"iirat! p interests on all applicatloiis which will require discretionary action on the pari oV&n C ty Council or any appointed Board, Commission or Connmittee. The following Information MUST be disclosed at the time of application submittal. \{our project cannot be reviewed unlil tina inrofniaiion ii> «,uiii)jic!it;u- Fledse piini.. Note: iPers^n is defined as "Any .individual, firm, CO-PB; 'n^p-'rip, iolnt venture, association, social tlub, fraternal organization, corporation, estate, tiusi, revwiv/uf, iynd.cdLfc, i,-. tiiis and any other county, cit,' and county, city municipall-ty, district or other politiciil suLdiv J .-n/ olj-ifcr group w combination acting a.s a.unit-'- Agehts may sign this document; however, the legal name and entity of the applicant and. pfoperty owner must be provided beiow 1. APPLICANT (Not the applicant's aaent) Provide the COMPLETEt Lji.3AL narwes ana addresses of ALL oersorjis financial interest in tne apnlica-.,-'n, h.4 ;m i inductes a corporation or include the names title? rvioY'^Hf." • o" a i infi'v/iduai? o^^'Oina more than having a partnership. shares. IF NO INDIVIDUALS OW.'NI MOKH THAN 10% OF THE SHARES INDICATE NON-/ipPLICAB!.L (N/A; W THF SP.ACE BELOW. !f a corporation, 'nclude Uie lanee, titles, and acidresses of the co^-porate separate page iT=ay De anaz^^,, -.f -ietyi.r.b,iy.) ^/Tf^. Person_ Title ;3ro.'Part Address OWIi^t-.R (Noi trse OA-nei s aCj^rrtSi Provide liie COiWit-LEIf £. lufc'GAL iiainea anu tiddie!»i»es oi ALL persons ownership interest in (nc; piupeity icivoived Aiso, provide the nature ownership (i.e, paitneiship, Kiiantt ir .-^onrnrr non-profit, corporation, ownership includes a corpc;-«\i<.,- er r: inr-er'--;'_vp mclude the narnsf;, tties, all individuals owning n.Oit. t,'i;., u'. , M',-..es I!' -V J- ff'^DVlL'JA.' S THAN 10% OF THE SHARQi. ^-urA.:^- ^'•MON-^PPLiCABLi SPACE BELOW. If a DuWiciy.iOwne(.i _corpi^^ include the names, adc'ifi=> of L'-^r Cf i-poFait .• 'lu-rh separate page may be at!:ached if Person -^-^ Title ^^fl5_j'.£f^. AddresSS p-1 (A) 0% of the PLEASE publiclv-owned officers. (A having any if the legal «>tc.), If the addresses of OWN MORE (isj/A) IN THE titles, and necessary.) Revised 07/10 0 T£3T9S90S5T :ujoj-| sZ'-m Z00S-0T-AbUI NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 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CT 14-01/RP 14-01 - STATE MIXED USE 30 - Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to allow for 1) the demolition of all structures onsite located at 3068 State Street, 3080 State Street and 542 Oak Avenue (APNs 203-297-06, 203-297-08 and 203-297-09); and 2) construction of a four-story mixed-use building consisting of 14 residential units, 13 timeshare units, 4,529 square feet of commercial and an enclosed at-grade parking garage situated on a 0.413-acre project site comprised of three properties addressed as 3068 State Street, 3080 State Street and 542 Oak Avenue, and located within District 1-Carlsbad Village Center of the Village Review (VR) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Jason Goff would make the staff presentation. Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Commissioner L'Heureux asked about the commercial spaces on the first floor and if it is possible for a restaurant to be located there. Mr. Goff stated that the building design would not accommodate a restaurant but the applicant could provide more information. Commissioner Montgomery asked about the commercial uses and the subdivision of the space. Mr. Goff stated the applicant would like to keep one ownership with multiple tenants leasing space. Commissioner Siekmann asked if the units will be air conditioned and if they will they be able to circulate fresh air. Mr. Goff stated yes. Commissioner Siekmann asked if the parking lots within 600' feet of the project are overnight lots. Mr. Goff stated the parking lot across the street allows overnight parking. Commissioner Anderson inquired about handicap parking. Mr. Goff stated the handicap parking will be for the residential uses not for the commercial as there is on-street parking as well as the parking lot across the street. Commissioner Anderson commented about the parking lot across the train tracks being included in the radius for the project as she feels it would not be very accessible. Mr. Goff stated that the radius was provided to illustrate that this project is within proximity of 5 parking lots. Commissioner Anderson commented that she is concerned with the in-lieu parking program and suggested a review of the parking study completed a few years ago as well as the parking lots in the Village. Commissioner Anderson asked for clarification regarding the Excess Dwelling Unit Bank. Mr. Goff replied that there are no unit allocations assigned to the properties in the Village. Any mixed use or residential project that comes forward for development has a unit allocation through the Excess Dwelling Unit Bank. Commissioner Anderson inquired as to how many units are in the Excess Dwelling Unit Bank. Mr. Neu stated he was not sure of the exact number but believes that 700 to 800 units have been set aside in the Housing Element for the Village area. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Ed McArdle, 2173 Salk Avenue, Carlsbad, the architect representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Commissioner Segall asked about the three bedroom units being offered as affordable housing. Steve Cox, 10946 Madrona Drive, Sydney, BC, Canada, project applicant, stated he believes the 3 bedroom affordable units will be perfect for families. Commissioner L'Heureux asked about the owner units and timeshare units being on the same floor. Mr. Cox stated the timeshare units will not be for weekly rentals. The timeshare units are intended to be for monthly rentals. Commissioner L'Heureux stated that he is concerned with the compatibility of those units being on the same floor. Mr. Cox stated it will not be marketed for weekly rentals but instead for first time buyers and a younger crowd. Commissioner L'Heureux stated he is still concerned and is not convinced that these uses are compatible. He asked if there will be CC&Rs or an HOA established. Mr. Cox stated that there will be CC&Rs and an HOA will be established. Mr. Cox does not foresee any issues regarding compatibility. Commissioner L'Heureux commented that the renderings show uplighting on the trees however those are not depicted on the drawings. Mr. McArdle stated those are details that will be r Planning Commission Minutes November 5,2014 Page 5 determined at a later date. Mr. Cox stated that he will do whatever is needed to make the retail space inviting so that it rents out. Commissioner Scully asked about parking and the number of spaces allocated per unit. Mr. McArdle commented that the two bedroom units have 2 parking spaces. Commissioner Scully asked if both spaces will be covered or if there will be one covered space and one open space. Mr. McArdle stated it is a good possibility that there will be one covered space and one open space. Commissioner Scully asked how many spaces the 3 bedroom units will have. Mr. McArdle stated 2 parking spaces. Commissioner Scully further asked how the parking area will be secured. Mr. McArdle stated there will be automated gates in the parking area, Commissioner Siekmann inquired about rentals and the minimum number of days required. Ms, Mobaldi stated that Condition No. 19 of Resolution No. 7073 states that rentals have to be for a minimum of 31 days. Ms. Mobaldi added that if Commissioners object to the type of set-up with regard to condominium units and time-shares they should relate their concerns to one of the necessary findings. In regard to issues such as lighting the Commission needs to focus on whether the proposed development meet the City standards. Commissioner Anderson asked if the applicant intended to maintain the rental spaces. Mr. Cox stated yes and there will be a property manager onsite. Commissioner Anderson asked about the 11 parking spaces for timeshares. Mr. Cox stated there will be one parking spot per timeshare unit. Chairperson Black asked if there were any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 2. Laurie Boone, 3955 Skyline Road, Carlsbad, spoke of her concerns of infill projects. She commented that recent developments are creating more traffic and changing the character of the place she loves. Lucinda Vigne, 3087 State Street, Carlsbad, stated the project is a beautiful addition to the Village; however her initial concern was parking but feels that it has been resolved. She asked about the lighting on the lower level of the structure, and if there will be trees along the sidewalk. Mr. McArdle stated the intent ofthe lighting is to have architectural downlighting. Mr. Neu commented on the lighting and requested that the Commission condition the project for a lighting plan if that is their concern. Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. Mr. Goff commented that the project complies with all the applicable requirements. Commissioner L'Heureux asked if Condition No. 18 and if the CC&Rs will cover both owner occupied units and the timeshare units. Mr. Neu stated it will cover everything on the property and the CC&Rs will need to address all of the components in a single document. As part of the CC&Rs, there should be the establishment of a governing body to enforce the CC&Rs for the benefit of all the owners. Commissioner L'Heureux further asked if there have been other projects that have for sale units and timeshare units on the same floor. Mr. Neu stated that he could not recall any. DISCUSSION Commissioner Segall stated he likes the project as it adds a tremendous amount of beauty to the Village. He commented that the project is definitely raising the bar and hopes it will stimulate development in the Village. He stated he can support the project. Commissioner Montgomery commented that he absolutely loves the project. This project will be an anchor in the south part of the Village. He commented that he can support the project. In regard to parking, the Commission is conducting a grand experiment with what was approved about 12-18 months ago with these types of projects with reduced parking. He feels that the experiment should continue. It will be hard if the Commission "knee jerks" on every single project even though it will be hard because of past feelings. Planning Commission Minutes November 5,2014 Page 6 Commissioner Montgomery further commented that the commission should continue the experiment, to see it through and to see what happens. With that said, he feels the city has a history of growth management and facilities being built concurrent with development. Instead of building up parking credits for the future, he stated why not build the structure and reimburse the city with the parking in-lieu fees going forward. Commissioner Siekmann also stated she loves the project and is thrilled the applicant chose Carlsbad to build their project. She thanked staff and the applicant for all the hard work on this project. Commissioner Anderson stated that she likes a great deal of the project, however she is concerned with the parking in lieu fee program and the density of the project. She would like to see an additional condition for a lighting plan. Commissioner L'Heureux complimented staff and the applicant on the amount of work put into this project. He stated his concern as it relates to timeshares and offsite parking for timeshares. He stated that parking for timeshares should be marked as "reserved" and should be located in a parking lot adjacent to the project. He is also concerned with the concept of condos and timeshares being on the same floor. However, Commissioner L'Heureux commented that he feels the project will be a great anchor for the south end of State Street. He further agrees that there should be an added condition regarding a lighting plan. Commissioner Scully stated her concurrence with her fellow Commissioners regarding a lighting plan for this project. She commented that City Council as well as Dover Kohl need to really start looking at what can be done for parking structures in the Village. Commissioner Scully stated she can support the project. Chairperson Black commented that as timeshare owner, the one thing that bothers him the most is lack of parking at resorts. In this case, however, with the numbers that have been allotted and the extra parking spaces around the site, he does not believe there will be any issues. He stated he agrees with an additional condition for a lighting plan, and he can support the project. Commissioner Anderson proposed that a condition be added that there be a lighting plan that is reviewed by the Planning Division to match the renderings. Mr. Neu proposed the condition read "Prior to the issuance of building permits, the applicant shall submit a lighting plan for review and approval by the City Planner that includes lighting at the first floor of the building exterior along the street frontage, exterior tree lighting, and lighting consistent with the rendering presented for the project." Commissioner L'Heureux commented the concerns for the lighting are with the pedestrian areas and the uplighting of the trees. Commissioner Segall asked if other projects have conditions added such as this one. He feels like this project is being singled out even though the applicant stated that he would do whatever it takes to help attract customers to the site. Mr. Neu stated that there typically is not a requirement for lighting except for the lighting of a parking area. The Village is a little different, and if pedestrian activity is being encouraged after daylight hours, it would be appropriate to add a requirement, particularly along the street frontages. Commissioner Segall suggested that this issue be brought to the attention of Dover Kohl so that perhaps it can be addressed with the update to the Village and Barrio Master Plan. He would like consistency with the projects instead of one project being singled out. Mr. Neu commented that staff would pass along those comments. Staff has been sharing some of the projects in the Village with the Dover Kohl staff to get input and feedback as well as to make them aware of any issues such as parking. Mr. Neu further commented that the changes to the Master Plan were approved about a year ago and it was a goal of the Council to provide incentives for development in the Village, and it certainly seems to be having that effect. Parking will be re-evaluated as part of the new Master Plan. Commissioner Scully stated that she would like to see the condition for a lighting plan be added to this project as the Commission is considering approving the project based on the design and renderings as presented. Planning Commission Minutes November 5,2014 Page 7 MOTION Commissioner Anderson made a motion that the project be conditioned to provide a lighting plan with wording to be provided by Mr. Neu. Mr. Neu stated the condition would read "Prior to the issuance of building permits, the applicant shall submit a lighting plan for review and approval by the City Planner that includes (a) lighting at the first floor of the building exterior along the street frontage; (b) exterior tree lighting; and (c) lighting consistent with the rendering presented for the project." The motion was seconded by Commissioner L'Heureux, Commissioner Segall commented that he can support the motion but he stated he feels this is another example of a market-driven issue the Commission keeps getting involved in. If the developer wants business, he will do whatever he can including lighting. MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner Segall that the Planning Commission adopt Planning Commission Resolution No. 7073 recommending approval of Tentative Tract Map CT 14-01 and Major Village Review Permit RP 14-01 to the City Council based on the findings and subject to the conditions contained therein including the added condition regarding a lighting plan. VOTE: 7-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of November 5, 2014 was adjourned at 8:10 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk 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 6:00 p.m. on Tuesday, January 27, 2015, to consider approval of a Tentative Tract Map and Major Review Permit to allow for 1) the demolition of all structures onsite located at 3068 State Street, 3080 State Street and 542 Oak Avenue (APNs 203-297-06, 203- 297-08 and 203-297-09); and 2) construction of a four-story mixed-use building consisting of 14 residential units, 13 timeshare units, 4,529 square feet of commercial and an enclosed at-grade parking garage situated on a 0.413-acre project site comprised of three properties addressed as 3068 State Street, 3080 State Street and 542 Oak Avenue, and located within District 1-Carlsbad Village Center of the Village Review (VR) Zone and Local Facilities Management Zone 1 and more particularly described as: Lots 16, 17, and 18 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1710, filed in the office of the County Recorder of San Diego County, December 9, 1919. Whereas, on November 5, 2014 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Tentative Tract Map and Major Review Permit to allow for 1) the demolition of all structures onsite located at 3068 State Street, 3080 State Street and 542 Oak Avenue (APNs 203-297-06, 203-297-08 and 203-297-09); and 2) construction of a four-story mixed-use building consisting of 14 residential units, 13 timeshare units, 4,529 square feet of commercial and an enclosed at-grade parking garage situated on a 0.413-acre project site comprised of three properties addressed as 3068 State Street, 3080 State Street and 542 Oak Avenue, and located within District 1-Carlsbad Village Center of the Village Review (VR) Zone and 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 January 23, 2015. If you have any questions, please contact Jason Goff in the Planning Division at (760) 602-4643 or iason.goff@carlsbadca.gov. The time within which you may judicially challenge this Tentative Tract Map and/or Major Review Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and/or 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: CT 14-01/RP 14-01 CASE NAME: STATE MIXED USE 30 PUBLISH: January 16, 2015. CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITE MAP State Mixed Use 30 CT 14-01 / RP 14-01 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over tine age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerl< of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 16^, 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Proof of Publication of Dated at Oceanside^ California On This 16*% day January, 2015 Jane Allshouse UT NORTH COUNTY Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you; t>e«iause W tjefest may be affected, that the City,.Goond| erf «m City of Carlsbad will hold a public; hew-ina atVitCoiM-cii Chamber, 1200 Carlsbad Village Wfve, Carlsbad, California, at 6:00 p.m. on Tuesday, January 27, 2015, to consid-er approvol of a Tentative Tract MQP and MaW Review Permit to allow for 1) the demolition Of all structures eHfite i4k«md at 3068 State Street, 3080 State Street and 542 Oal< Avenue (APNs 203-297-06, 203-297-08 and 2a^m-09)i arwt 2) construction of a four-story mixed-use building consisting of 14 rasidentiai units, 13 timeshare units, 4,529 square feet of commelrcial and an en-closed at-grade parking garage situated on a Ov413-acre pre ~ ,site comprised of three properties addressed a& X(§ i. Street, 3080 State Street and sil Oak Avenue, and locate? «eli^ District 1-Carlsbad Village Center of the Village Review (VR) Zone and Local^acllities Management Zone 1 ami more partic-utorly descrlfci^as: Lots 16, 17, and 18 of Subdivision of a portion of Tract 106 of Carlsbad Lands, in the City of Carlsbad, County of Sah Diego, State of California,-according to Map No. 17.10, fUed in the office of the County Recorder of San Diego Courtty, December 9,1919. Whereas, on November 5, 2014 the City of Carlsbad Planning Commission vated TTO to recommend approval of a Tentative Tract Map ancj Malor Review Permit to allow for 1) the demoli-tion of all structures onsite located at 3068 State Street, 9080 State Street and 542 Oak Avenue (APNs m-297-06, 203-297^ and 203-297-09); and 2) construction Of a four-slory mixed-use building consisting of 14 residential units, T3 tirrieshar% units, 4,529 square feet of commer^l Ond an enclosed at-grpde pork-ing garoae situated on a Oll^acre proiect stte comprised of three properties addressed ai |0«B State Street, 3080 State Street and 542 oak Av^pe, and located within District l-Carlsbod Vil-lage Center of tipvillage Review (VR) Zone and Local Facili-ties Managemenr Zop 1. The project qualifies as a CEQA Guidelines Section \Wi32 (In-Fill Development Proiects) Class 32 Categorical Exemptktn. Those persons wishing to speak on this proposal are cordially In-vited to attend the public hearing. Copies of the agenda bill will be available on and after January 23,2015. If you iMve any ques-tions, please contact Jason Gpff in the Planning Division at (760) 602-4643 ortlason.goff@carlsbai!|ca.8ov. The time Within liwhich you may judicially challenge this Tenta-tive Tract Map ond/or Major Review Permit, If approved, is es-tablished by staterTaw and/or city ordinance, and is very short. If you challtMe the Tentative Tract Map ond^r Malor Review Permit in cMlPt, you may be limited to raising only those issues you or somfline else raised at the pubiic hearing descnbed in this notice of.fti written correspondence .deiiyered to the City of Carlsbad. Attn: City Clerk's Office, W6 Carisbad Village Drive, CarlstXMl, CA 92008, at or prior to the pubiic hearing. CASE FILE: CASE NAME: CT 14-01/RP 14-01 STATE MIXED USE 30 SiD CITY COUNCIL PUb: 1/16/15 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: i/on/^La (S' SUBJECT: cSig^fe U^t^ 3Q LOCATION: 3Q6^ ^ 5febfe^ St^ <5^3<. OG4C K/^ DATE NOTICES MAILED TO PROPERTY OWNERS; { A^^lS NUMBER MAILED: I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and cjorrect. CITY CLERK'S OFFICE (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: B^ion Tribune r~l Coast News PUBLICATION DATE: Union Tribune Coast News hi/K I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: \ /f^ /lS Q^^^A^r.^^ ' T /Rifinati (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments AdiAV-OD-OOS-l. uios'AjaAe'MMM f CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRia 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDUFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 widn-dod pjoqej e| iSf^Afj 4U3ui36jeL|p ap suas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUAUTY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 i^aBpa dn-dod asodxa je|9d e sajjsej, sauanbji^ ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OUVENHAIN WATER DISTRICT 1966 0LIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. 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ROOSEVELT ST CARLSBAD, CA 92008 ALL AMERICAN ENGINEERING & TF 721 MCGAVRAN DR VISTA, CA 92081 LEO & DIANNA PACHECO 2100 CHESTNUT AVE CARLSBAD, CA 92008 ELIZABETH GUEVARA 300 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 KATHLEEN CLARK 3060 STATE ST CARLSBAD, CA 92008 JOSEPH & ROSIE FRIEDRICHS 3160 ROOSEVELT ST CARLSBAD, CA 92008 HAMILTON FAMILY TRUST 407 PACIFIC AVE SOLANA BEACH, CA 92075 JOSE & SYLVIA VALADEZ 3234 ROOSEVELT ST CARLSBAD, CA 92008 BRETT SAVAGE 3255 ROOSEVELT ST CARLSBAD, CA 92008 JOEL URETA & MARGARET LUCE 3280 ROOSEVELT ST CARLSBAD, CA 92008 LAKRITZ FAMILY PARTNERSHIP LP 8502 E CHAPMAN AVE 614 ORANGE, CA 92869 MISSION SQUARE SHOPPING CEN" PO BOX 1186 LA JOLLA, CA 92038 ABEL GARCIA 1502 ROLLING HILLS DR OCEANSIDE, CA 92056 VILLAGE CORNER LLC 2998 STATE ST CARLSBAD, CA 92008 EUGENE SIEGEL 5553 TRINITY WAY SAN DIEGO, CA 92120 } label size 1" x 2 5/8" compatible with Avery ®5160/8-)60 Ftiniipttp rip fnrmat PR mm Y fi7 mm nnmnatihlp avpn Avpn/ ®fi1fin/81Rn 091-8/091-9® AJ8AV 08AB 8|q!iBdmoo LULU Z9 X UILLI qz imiOi ap snanb.ijg 091-8/091-9® /tiSAV mm 8|q!}Bdiuoo ,,8/g 2 x[. aas |8qB| : NANCY HALL 2604 EL CAMNINO REAL B CARLSBAD, CA 92008 KAREN HEMINGWAY 11835 W OLYMPIC BLVD 1090 LOS ANGELES, CA 90064 RUBEN & MARGE GASTELUM 3290 TYLER ST CARLSBAD, CA 92008 KORBONSKI LIVING TRUST 33731 GLOCAMORA LN SAN JUAN CAPIST, CA 92675 HALL MATTHEW REVOCABLE TRU! 2604 EL CAMINO REAL B CARLSBAD, CA 92008 PUBLIC STORAGE OF CARLSBAD II 701 WESTERN AVE GLENDALE, CA 91201 KONONCHUK FAMILY TRUST 1348 SEA VILLAGE DR CARDIFF BY THE , CA 92007 SHEILA OROURKE 3176 TYLER ST CARLSBAD, CA 92008 DIANE DOWLING 3258 TYLER ST CARLSBAD, CA 92008 MELLANO HARRY M & SHARON E T PO BOX 100 SAN LUIS REY, CA 92068 190 LABELS PRINTED V \ label size 1" x 2 5/8" compatible with Avery ®5160/8160 FtiniiPttP rip fnrmat 5fi mm Y R7 mm nnmnatihip avpn A\/pru ®?i1fin/S1fin Andrea Dykes From: Sent: To; Subject: To Council members, Wesley Marx <wmarx33@sbcglobal.net> Tuesday, January 27, 2015 1:35 PM Coundl Intemet Email Public Hearing AB#21,836 1/27/15 Aimeceive - Agenda Item # jf) For the Information ofthe- CITY COUNCIL / ACM-/cA_ji4:c V / Date'l^Pcity Manager"^ Re Public Hearing AB#21,836, Approval Resolution#2915-019 1. To meet parking standards, the project relies in part on parking spaces in a parking lot across the street from the project. Does the City lease this lot from a private property owner? If so, for how long in the future? The parking lot is already at or near capacity as shoppers, beach goers and retail staff compete for spaces. 2. To meet open space standards, the project is allowed to count roof decks and pool deck. This seems more like private space and does not benefit the surrounding village community. S.The project receives an exemption from the 45' height limit for towers and other structures up to 50' high. This exemption adds bulk and size to a large four story project that seems out of character to the surrounding one story Villagescape. Does the City need more specific guidelines to meet its goal of retaining a small town ambience in the Village? Thank you for your consideration of these concerns. Wesley Marx note- l/^l/lS- Distribution: ' City Glerk Asst. City Glerk Deputy Glerk Book — JL Morgen Fry From: Sent: To: Subject: Importance: Council Internet Email Tuesday, January 27, 2015 8:57 AM Morgen Fry FW: Agenda item concerns 1-27-14 High All Receive - Agenda Item # (0 For the Information ofthe: CITY COUNCIL y ACM CA_i^CC ^ Date City ManegaflZ This email is regarding an agenda item for tonight. From: Angela DiDio [mailto:angela@didioandassoc.com] Sent: Tuesday, January 27, 2015 8:32 AM To: Council Internet Email Subject: Agenda item concerns 1-27-14 City Of Carlsbad City Council Members 1200 Carlsbad Village Drive Carlsbad, CA 92008 Date^. Oistribinion: City Clerk ^•GltyGiortt O^putyGlerk Book Re: Public Hearing AB #21,836- Approval of Resolution No. 2015-019, approving Tentative Tract Map No. CT 14-01 and Major Review Permit RP 14-01 To all Members: I am writing in lieu of attending this evening's city council meeting as I will not be available, but I would like to voice some concerns. It appears that I have not been vigilant in keeping abreast ofthe progress of this project and although I am not opposed to development, or even density development, i feel that we must put such projects under a closer inspection as to not derail the primary directive of "keeping in concert with the our community character." My concerts are as follows: 1. The project continues to set a precedent for the increased size and scope ofthe downtown village area prior to the making public the outcome of the workshops that were recently conducted on the communities desires for the downtown area development. I understand the rendering is beautiful, but renderings tend to skew the representation of actual size and scope of projects. There needs to be a mix of mid-rise, single story, historic. The best coastal cities understand and strive for such a blend. 2. The parking waiver "Village Parking In-Lieu Fee" does not address adequately the parking concerns ofthe additional 350+ trips in the area, or that we can continue to just have new developments "pay for parking spaces" that really do not exist. I understand that the progression to a more mass transit district is a positive direction, but we have to consider an overall plan and not "cherry pick" which development projects can do without parking, and which cannot. 1 3. Why are we building above grade parking? I understand that there are costs to underground parking, but this would also address some ofthe height concerns which are significant. 4. The addition of affordable housing is a positive, which has allowed the density increase as well as other considerations, but it does appear as if we have allowed the timeshare units to increase the density as well - making this a double dose. Possibly this is too many allowances for one small piece of property that promises to be a key element in the growth of our downtown. 5. Lastly, Carlsbad has built a positive reputation as a "Village." We must be cautious when relinquishing the allure of tbatxoncept to achieve other goals, especially in the core of our city's downtown. It appears that there are several projects in the "Vjjlgg^ that are either under construction, or in the planning stages that are growing in size and scale—removing the corridors to the ocean and trading them for view ofthe ocean from buildings. I • , iti . do not believe llteimff^is S p'ositi^ direction. I ur^e you to slovyuthjs jDro^cess^^^ to take into account the desires ofthe community from the downtown village plan^n^sysiSnVrask'some^Vjery hard questions, be fair to the developer, but not sacrifice what we have spent a long tin1*TE^^rtirig li>1^^^ vibrant, coastal, mixed-use community that balances the past with the present desires to build a b^^3ftftfre. Angela DiDio Angela DiDio DiDio & Associates 3095 State Street Suite D Carlsbad, CA 92008 760-434-0094 760-434-3130 fax www.didioandassoc.com State Mixed Use 30 CT 14-01/RP 14-01 Location Map PINE A V C A R L S B A D V IL L A G E D R S TA T E S T WALN U T A V J E F FER SON S T G R A N D A V ROO S E VE L T S T MADI SON S T T Y LER S T O A K A VWASHI NG TO N S T L INCO LN S TCARLSBADBL CT 14-01 / RP 14-01 State Mixed Use 30 SITE MAP JPALOMARAIRPORTRDELCAMREALLACOSTAAVCARLSBADBLELCA MINO REAL MELR O SED RAVIARAPY RANC HO S A NTAFERDCOLLEGEBLDistrict 1 –Carlsbad Village Center Project Site –0.413 acres ROOS E V E L T S T C A R L S B A D V IL L A G E D R G R A N D A V MAD I SO N S T O A K A V S TA T E S T L I NCO L N S T PINE A V TY L ER S TWAS H I NG TON S T 0 200 400100 Feet ICT 14-01 / RP 14-01 State Mixed Use 30 Demolition 3068 State St. (2 Units) 3080 State St. (4 Units)542 Oak Ave. (1 Unit) Existing / Proposed OAK AVENUESTATE STREETGround Level •4,529 sq. ft. commercial fronting State St. and Oak Ave. •33 onsite parking spaces accessed from Oak Ave. and Tyler St. Alley. •New curb, gutter, sidewalks along State St. and Oak Ave. •New landscaping and street trees along State St. and Oak Ave. N Second Level 4 Residential Units -778 to 1,360 sq. ft. 5 Timeshare Units -740 to 1,115 sq. ft. Interior courtyard with pool, spa and landscape.STATE STREETOAK AVENUE Storage Third Level 5 Residential Units -778 to 1,360 sq. ft. 4 Timeshare Units -740 to 837 sq. ft.STATE STREETOAK AVENUE Storage Open to below Fourth Level 5 Residential Units -778 to 1,360 sq. ft. 4 Timeshare Units -740 to 837 sq. ft.STATE STREETOAK AVENUE Storage Open to below Roof Deck 4,211 sq. ft.STATE STREETOAK AVENUE OAK AVENUESTATE STREETParking: Residential –22 spaces Timeshare –16 spaces Commercial –15 spaces _______________________________________ Required -53 spaces Provided -33 spaces In-lieu Fee -20 spaces23 10 Village Public Parking Lots Planning Commission Action •On November 5, 2014 –Planning Commission conducted a public hearing for Tentative Tract Map No. CT 14-01 and Major Review Permit No. RP 14-01. •Two (2) members of the public spoke. •Planning Commission voted 7-0 to recommend approval of the project. Recommendation That the City Council ADOPT Resolution No.2015-019 APPROVING Tentative Tract Map No.CT 14-01 and Major Village Review Permit No.RP 14-01 to allow for 1)the demolition of all structures onsite located at 3068 State Street,3080 State Street and 542 Oak Avenue (APNS 203-297- 06,203-297-08 and 203-297-09);and 2)construction of a four-story mixed-use building consisting of 14 residential units,13 timeshare units, 4,529 square feet of commercial and an enclosed at-grade parking garage situated on a 0.413-acre project site comprised of three properties addressed as 3068 State Street,3080 State Street and 542 Oak Avenue, and located within District 1 -Carlsbad Village Center of the Village Review (VR)Zone and Local Facilities Management Zone 1 as recommended by the Planning Commission. Questions? Early Public Notice State Street Looking North from Oak Avenue Looking West Oak Avenue Looking West from Tyler St. Alley Looking Southwest (across from project) Railroad Lofts 4-story mixed use building on State Street