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Home My WebLink About2015-03-24; City Council; 21906; Approve CT 14-03, Review RP 14-16 Beachwalk Madison Condominium Development East Madison StreetCITY OF CARLSBAD - AGENDA BILL 11 AB# 21,906 APPROVAL OF TENTATIVE TRACT MAP CT 14-03 AND MAJOR REVIEW PERMIT RP 14-16- BEACHWALK AT MADISON, TO ALLOW FOR THE CONSTRUCTION OF A SIX UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT ON THE EAST SIDE OF MADISON STREET DEPT. DIRECTOR (^Jy MTG. 3/24/15 APPROVAL OF TENTATIVE TRACT MAP CT 14-03 AND MAJOR REVIEW PERMIT RP 14-16- BEACHWALK AT MADISON, TO ALLOW FOR THE CONSTRUCTION OF A SIX UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT ON THE EAST SIDE OF MADISON STREET CITY ATTORNEY DEPT. CED APPROVAL OF TENTATIVE TRACT MAP CT 14-03 AND MAJOR REVIEW PERMIT RP 14-16- BEACHWALK AT MADISON, TO ALLOW FOR THE CONSTRUCTION OF A SIX UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT ON THE EAST SIDE OF MADISON STREET CITY MANAGER // RECOMMENDED ACTION: Adopt Resolution No. 2015-073, approving Tentative Tract Map CT 14-03 and Major Review Permit RP 14-16 to allow for the construction of six (6) multi-family residential air-space condominiums on a 0.28-acre site on the east side of Madison Street in Land Use District 8 ofthe Village Review Zone and within Local Facilities Management Zone 1 as recommended by the Planning Commission. ITEM EXPLANATION: Project Planning Commission City Council CT 14-03 RA X RP 14-16 RA X RA = Recommended approval X = Final city decision-making authority On February 4, 2015, the Planning Commission recommended approval (4-2, L'Heureux, Anderson voting no; Siekmann absent) of Tentative Tract Map CT 14-03 and Major Review Permit RP 14-16 to allow for the construction of six (6) multi-family residential air-space condominiums on a 0.28-acre site on the east side of Madison Street in Land Use District 8 ofthe Village Review Zone and within Local Facilities Management Zone 1. Two unit types are proposed, each of which is approximately 1,600 square feet in size (excluding the garage), three-stories and 34 feet-tall. Each unit incorporates two balconies totaling 192 square feet; at-grade porches are also proposed forthe end units. Parking is proposed to be provided by an attached two-car garage, which includes a direct entrance into the unit. The architectural design is characterized as contemporary with a coastal influence. Primary building materials include a light cream-colored stucco and olive-colored horizontal siding. Asphalt shingles cover a 5:12 pitched roof over each unit; and metal awnings adorn some of the windows, doors, and balconies throughout. A variety of roof planes are included that provide different roof heights and each elevation includes off-setting building planes. A standards modification is proposed to the front yard setback. Instead ofthe desired front yard setback of 15 feet, a setback of 10 feet from the front (west) property line is proposed. Pursuant to Land Use District 8 of the Village Master Plan (VMP), a front yard setback range of 5 to 15 feet is established. As stated in the VMP, the top of the range is considered the desired setback. However, a reduction in the standard, down to the minimum or anywhere within the range, can be permitted ifthe project warrants such a reduction due to good project design and/or the provision of other project features which benefit the Village Area. As discussed in Planning Commission Resolution No. 7083, the findings for the modification to the front yard setback can be supported since DEPARTMENT CONTACT: Shannon Werneke, 760-602-4621, shannon.werneke(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURN ED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Beachwalk at Madison March 24, 2015 Page 2 of 2 landscaping can still be provided between the public right of way and the porch, the landscape requirements have been satisfied, and a reduced front yard setback is conducive to an urban setting such as the Village. Commissioners L'Heureux and Anderson and Chairperson Scully expressed concern regarding the quality ofthe architecture. Commissioner L'Heureux felt that given the requested standards modification to the front yard setback, he expected a higher quality of architecture. Commissioner Anderson indicated, and Chairperson Scully concurred, that the proposed condominiums had an industrial appearance and felt that the traditional character of the Village should be retained. Assistant Attorney Jane Mobaldi indicated that the Village Master Plan does not have specific guidelines as it relates to a recommended architectural theme or design; therefore, the Planning Commission was limited to considering whether the project was compatible with the surrounding neighborhood uses. No public comments or testimony in opposition to the project were received during the Planning Commission hearing. The approving resolution, along with the Planning Commission staff report and the draft minutes of the February 4, 2015 Planning Commission meeting are attached for the Council's review. The Planning Commission and staff are recommending approval of the Tentative Tract Map and Major Review Permit, including the standards modification. The City Council is the decision-making body on all Major Review Permits, as well as any other permits, such as a Tentative Tract Map, when proposed in conjunction with a Major Review Permit. The proposed project requires a Tentative Tract map as six (6) air space condominiums are proposed; a Major Review Permit is required because it involves the construction of buildings located within the boundaries of the Village Master Plan which have a building permit valuation greater than $150,000. FISCAL IMPACT: No fiscal impacts to the city regarding public facilities have been identified. All required improvements and maintenance needed to serve this project will be funded by and/or constructed by the developer. ENVIRONMENTAL IMPACT: The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-fill Development Projects) Class 32 of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed upon approval ofthe project. PUBLIC 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. EXHIBITS: 1. City Council Resolution No. 2015-073 (CT 14-03/RP 14-16) 2. Location Map 3. Planning Commission Resolution No. 7083 4. Planning Commission Staff Report dated February 4, 2015 5. Planning Commission Minutes dated February 4, 2015 1 EXHIBIT 1 1 RESOLUTION NO. 2015-073 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 14-03 AND MAJOR REVIEW PERMIT RP 14-16 TO ALLOW FOR THE 4 CONSTRUCTION OF SIX (6) MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A 0.28-ACRE SITE ON THE EAST SIDE OF MADISION STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BEACHWALK AT MADISON 7 CASE NO.: CT 14-03/RP 14-16 25 26 27 28 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 4, 2015, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 14-03 and Major Review Permit RP 14-16 and adopted Planning Commission Resolution No. 7083, recommending approval of Tentative Tract Map CT 14-03 and 8 The City Council ofthe City of Carlsbad, California, does hereby resolve as follows: 9 10 11 12 13 ^4 Major Review Permit RP 14-16; and 15 WHEREAS, as a result of an environmental review of the subject project conducted 16 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 served by 17 18 19 20 21 22 adequate facilities. 23 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 24 California as follows: 1. That the above recitations are true and correct. 2. That Tentative Tract Map CT 14-03 and Major Review Permit RP 14-16 is approved and that the findings and conditions ofthe Planning Commission contained in Planning 12 15 16 17 18 19 20 21 23 24 25 26 27 28 Commission Resolution No. 7083 on file in the City Clerk's office and incorporated herein by reference are the findings and conditions ofthe City Council. 3. That this action is final the date this resolution is adopted by the City 1 2 3 4 5 Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial 6 Review" shall apply ^ "NOTICE TO APPLICANT g The time within which judicial review of this decision must be sought is governed 9 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 10 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 afterthe decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally 23 delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation ofthe record ofthe proceedings shall be filed with the City Clerk, City of Carlsbad, 14 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. /// /// /// /// /// /// 22 /// /// /// /// /// 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 24*'' day of March, 2015, by the following vote to wit: AYES: NOES: Council Members Blackburn, Schumacher, Wood, Packard Council Member Hall ABSENT: None KEITH BLACKBURN, Mayor Pro Tem ATTEST: BARA ENGLESONfCity Clerk (SEAL) ..Mill;;, EXHIBIT 2 - ) 0. O cc m 4- SIJE MAP NOT TO SCALE Beachwalk at Madison CT 14-03/RP 14-16 EXHIBITS PLANNING COMMISSION RESOLUTION NO. 7083 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 THE 4 CONSTRUCTON OF SIX (6) MULTI-FAMILY RESIDENTIAL AIR SPACE CONDOMINIUM UNITS ON A 0.28-ACRE SITE ON THE EAST SIDE OF MADISON STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BEACHWALK AT MADISON CASE NO.: CT 14-03/RP 14-16 g WHEREAS, Vesta Pacific, "Applicant/Developer" and Project Deaf India, "Owner," has 9 filed a verified application with the City of Carlsbad regarding properties described as: 10 That portion of Lot 47 of Seaside Lands, in the County of San Diego, State of California, according to map thereof No. 1722, filed in the 11 Office of the County Recorder of San Diego County, July 28,1921 12 ("the Property"); and 13 14 15 16 17 18 19 20 21 22 23 24 25 A) That the foregoing recitations are true and correct. WHEREAS, said verified application constitutes a request for a Tentative Tract Map and a Major Review Permit as shown on Exhibits "A - R," dated February 4, 2015, on file in the Planning Division, BEACHWALK AT MADISON - CT 14-03/RP 14-16, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 4, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Major Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: 25 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of BEACHWALK AT MADISON - CT 14-03/RP 14-16 based 27 on the following findings and subject to the following conditions: 28 15 16 17 24 25 Findings: Tentative Tract Map, CT 14-03 1. That the proposed map and the proposed design and improvement of the subdivision as 4 conditioned, is consistent with and satisfies all requirements ofthe General Plan, any applicable 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 tract map for six (6) air-space condominiums subdivision satisfies all minimum requirements ^ of Titles 20 and 21 with respect to public facilities, access and parking. A Standards _^ Modification is required to reduce the front yard setback from 15 to 10 feet. The findings for approval to support this modification can be made. g That the proposed project is compatible with the surrounding future land uses since the 9 surrounding properties are developed, are currently designated as Village (V) in the General Plan and are located in Land Use District 8, Residential Support Area and Land Use District 7, 10 Office Support Area, of the Village Master Plan. The subject property is bordered by a professional office use to the north, a single-family home to the south, and a mixture of multi- 11 family and single-family uses to the east and west. Pursuant to the Land Use District 8 of the Village Master Plan, the intent is to provide for a relatively dense urban residential 12 neighborhood which is compatible with the Village scale and character. Given the proposed density and design, the proposed project meets the intent of Land Use District 8. 13 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, in that the Village (V) General Plan Land Use designation allows residential development in Land Use District 8 of the Village Master Plan at a density range of 18 to 23 dwelling units per acre. Based on a lot size (net) of 0.26 acres, the proposed six (6)-unit residential air space condominium project has a density of 21.43 dwelling units per acre. As the proposed project falls within the allowable density range, the project is consistent with this finding. 2g 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 19 access through or use of property within the proposed subdivision, in that the developer has delineated and preserved on the tentative map, all existing easements of record. 20 That the property is not subject to a contract entered into pursuant to the Land Conservation 21 Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed multi-family 2^ residential units have an east-west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 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 2g public service needs of the City and available fiscal and environmental resources in that the project is conditioned to require the payment ofthe applicable in-lieu housing fee for six units 27 prior to recordation of the final map. 28 PC RESO NO. 7083 -2- 1 „ 8. That the design of the subdivision and improvements are not likely to cause substantial 2 environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the subject infill lot is devoid of sensitive vegetation and any natural water features; 3 therefore, the proposed project does not impact any fish, wildlife or habitat. 4 9. That the discharge of waste from the subdivision will not result in violation of existing California 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 with the City's sewer and drainage standards and the project is conditioned to comply with ^ the National Pollutant Discharge Elimination System (NPDES) requirements. ~^ 10. That the street systems serving the proposed use is adequate to properly handle all traffic g generated by the proposed use, in that primary access to the site will be provided by a 20- foot-wide driveway off of Madison Street. The proposed project will generate a total of 36 9 Average Daily Trips (ADTs) for the high density multi-family land use. In addition, the proposed project would not result in any significant capacity-related impacts to any road 10 segments or intersections in the vicinity of the project site. 11 Major Review Permit, RP 14-16 12 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, Village Review Zone, and the Village Master Plan and 13 Design Manual, based on the facts set forth in the staff report dated February 4, 2015, including, but not limited to the following: 14 Land Use. The proposed project, which includes the construction of six (6) multi- family residential air-space condominiums, will enhance the vitality of the Village, specifically Land Use District 8 (Residential Support Area), by providing new residential land uses in close proximity to the downtown core area as well as the train station. The project reinforces the pedestrian-orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and ^g mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near 19 transportation corridors. Further, the proposed project contributes towards the overall goal of creating a dense urban residential neighborhood with Village scale and 20 character. By providing more residential opportunities, the project also helps to create a lively, interesting social environment by encouraging and increasing the 21 opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial and community uses. In summary, the 22 residential project will contribute towards the revitalization of the Village area and enhance the Village as a place for living. 23 b. Circulation. Madison Street as well as the nearby intersections can accommodate the 24 estimated 36 average daily trips (ADTs). In addition, all required public right-of-way will be dedicated and improved to serve the development. The circulation has been designed in relationship to the proposed residential land use and available parking. Public facilities will be constructed to serve the proposed project. Further, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 16 17 25 26 27 28 PC RESO NO. 7083 1. c. Housing. The proposed project is consistent with the Housing Element of the General 2 Plan and the City's Inclusionary Housing Ordinance, in that the proposed project has been accordingly-conditioned to require the payment of an Affordable Housing In-Lieu 3 fee for each unit prior to recordation of the final map. 4 d. Noise. - The project site is primarily impacted by noise from the train which is located approximately yi mile the west of the project site. The proposed project is consistent 5 with the Noise Element of the General Plan in that the project will comply with the city and state interior noise standards utilizing standard residential building ^ construction with mechanical ventilation. 8 9 10 11 ^ e. Land Use District 8 Standards. With the exception to the front yard setback (10 feet proposed instead of the required 15 feet), the proposed project has been designed to comply with all other requirements pursuant to Land Use District 8 of the Village Master Plan, including setbacks, open space, building height, lot coverage, and parking. Findings for the Standards Modification to the front setback can be supported and are included below. Front Yard Setback Standards Modification, Land Use District 8, Village Master Plan 12 12. Pursuant to the Village Master Plan, modifications to the development standards, including setbacks, may be permitted in all land use districts of the Village Area for developments 13 where the applicant can provide acceptable evidence that a requested modification results in good project design and/or other project features provide a benefit to the Village area. As 14 the proposed reduction in the front yard setback from 15 to 10 feet increases the building coverage and still allows for landscaping and a porch in the front yard setback and the open 15 space requirements have been satisfied, staff supports the proposed modification to the front yard setback. Further, siting units close to the project frontage in an urban setting such as the Village is a desired project feature. Therefore, the modification can be supported. City Council Policy No. 43, Allocation for Excess Dwelling Units 17 18 13. That pursuant to CMC Chapter 21.85, for all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an nclusionary housing in-lieu fee. The proposal to construct six (6) multi-family condominium 20 units has been conditioned to pay the applicable housing in-lieu fee for six units prior to recordation ofthe final map. 21 14. That the project location and density are compatible with the existing adjacent residential 22 neighborhoods and/or nearby existing or planned uses in that the project is consistent with the adjacent residential land uses and anticipated uses. Specifically, Land Use District 8 of the 23 Village Master Plan is intended to be developed as a relatively dense residential neighborhood with Village scale and character. 24 25 26 27 PC RESO NO. 7083 -4- 1 15. 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 density range in Land Use District 8 of the Village Master Plan is 18 to 23 dwelling units per acre. With a net 3 acreage of 0.26 acres, the proposed project has a density of 21.43 dwelling units per acre; therefore, the proposed project density falls within the allowable range and contributes towards the overall goal of creating a relatively dense residential neighborhood in Land Use District 8. The proposed project is consistent with the intent of Land Use District 8 of the ^ Village Master Plan and will contribute towards the overall revitalization of the Village Area. 4 6 7 8 9 California Environmental Quality Act: 16 17 16. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to remove 6 units. Per the city's Quadrant Dwelling Unit Report (dated November 30, 2014), 2,080 units remain available for allocation city-wide, including the northwest quadrant of the city. General 10 17. 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 11 therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development 12 project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 13 • 14 ^1 18. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 1^ 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 facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new ^g development prior to or concurrent with need. Specifically, 19 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 20 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected 21 prior to the issuance of building permit. 22 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. 23 19. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape 24 Ordinance (Carlsbad Municipal Code Chapter 18.50). 25 20. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7083 -5- 24 25 26 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation ofthe 3 Final Map. 4 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 5 according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map and Major Review Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and 10 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. 11 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 12 Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of building permit issuance. 14 4. if any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold lg harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and 19 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 20 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 21 (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 22 electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated 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 body. 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced 27 legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). PC RESO NO. 7083 1. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building 2 Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 3 This project shall comply with all conditions and mitigation measures which are required as part 4 of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 5 6 7 8 17 19 20 21 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the 9 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 10 the Final Map. 11 12. 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 12 CFD #1 special tax (if applicable), subject to any credits authorized by CaHsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee 13 for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan 14 and shall become void. 15 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape 16 Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the 22 Community and Economic Development Department. 23 16. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be 24 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 25 Tentative Tract Map and Major Review Permit by Resolution No. 7083 on the property. Said Notice of Restriction shall note the property description, location of the file containing 26 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 27 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. PC RESO NO. 7083 -7-28 1 „ 17. Developer shall establish a homeowner's association and corresponding covenants, conditions 2 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 3 the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the 4 following provisions: 5 a. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 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 9 within 30 days for the official record. 10 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's 11 Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City 12 elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with 13 particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 14 giving of such notice. In the event that the Association fails to carry out such 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. 15 16 17 d. Special Assessments Levied by the City. In the event the City has performed the lg necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 19 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, 20 together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project 21 pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association 22 shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six 2^ percent (6%) of the amount of the invoice. Thereafter the City may pursue collection 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 2g special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project 27 hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue 24 25 28 PC RESO NO. 7083 -8- 1.. lien foreclosure procedures against any Owner and his/her respective Lot for purposes 2 of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 3 Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner 4 landscape maintenance responsibilities shall be as set forth in Exhibit, 5 18. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 19. Prior to recordation of the final map, the Developer shall prepare and record a Notice that this g property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise 9 Form #1 on file in the Planning Division). 10 20. Prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing (in lieu/impact) fee as an individual fee on a per market rate dwelling unit basis in the amount in 11 effect at the time, as established by City Council Resolution from time to time. 12 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner 13 of an Outdoor Storage Plan, and thereafter comply with the approved plan. 14 22. Smooth trowel stucco shall be utilized for the stucco finish to the satisfaction of the City Planner. 15 16 18 19 Engineering NOTE: Unless specifically stated in the condition, all ofthe following conditions, upon the approval of 17 this proposed development, must be met prior to approval of a final map, grading permit or building permit, whichever comes first. General 23. Prior to hauling dirt or construction materials to or from any proposed construction site within 20 this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 21 22 24. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that 23 adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 24 25. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other 25 recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveways, utilities, 26 street trees, sidewalks, landscaping, lighting, enhanced paving, water quality treatment measures, low impact development features, and storm drain facilities located therein and to 2^ distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. PC RESO NO. 7083 -9- 1 26. Developer shall include rain gutters on the building plans subject to the city engineer's review 2 and approval. Developer shall install rain gutters in accordance with said plans. 3 27. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. 4 " 5 6 7 8 19 20 28. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 29. 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. 9 30. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 10 31. Developer shall cause property owner to submit an executed copy to the city engineer for 11 recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 12 32. Prior to approval of any grading or building permits for this project, developer shall cause 13 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 14 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 15 engineer. 16 33. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall i^-j cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and lg installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 34. Based upon a review ofthe proposed grading and the grading quantities shown on the tentative 21 map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading 22 plan review and permit fees per the city's latest fee schedule. 23 35. 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 2^ shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 26 27 PC RESO NO. 7083 -10- 1 36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 2 implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during 3 construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the 4 discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe 5 above requirements. 37. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and 9 inspection fees per the city's latest fee schedule. 10 38. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to 11 demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to 12 new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, 13 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. The preliminary SWMP is for reference only. The final SWMP shall be reviewed and approved by the City Engineer with final grading plans. 14 15 16 39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. lg 40. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. 19 Documentation shall be included within the Storm Water Management Plan (SWMP). 20 Dedications/Improvements 21 41. 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 22 larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 23 24 25 42. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city Standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city 2g standards to the satisfaction of the city engineer. These improvements include, but are not imited to: 27 PC RESO NO. 7083 -11- 1 A. Street pavement widening and overlay to the street centerline. 2 B. Install curb, gutter and sidewalk. C. Water and sewer services. 3 Developer shall pay the standard improvement plan check and inspection fees. Improvements 4 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. 5 43. Madison Street shall be dedicated by owner along the project frontage based on a street center ^ line to right-of-way width of 30-feet and in conformance with City of Carlsbad Standards. Non-Mapping Notes 44. Add the following notes to the final map as non-mapping data: 7 8 9 Developer has executed a city standard subdivision improvement agreement and has 10 posted security in accordance with CMC section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not 11 limited to: 12 1) Street pavement widening and overlay to the street centerline. 2) Install curb, gutter and sidewalk. 13 3) Water and sewer services. 14 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 15 " C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad 17 from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 18 subdivision due to its construction, operation or maintenance. 19 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 20 Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 21 E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may 22 arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 23 drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other 24 improvements identified in the city approved development plans. 25 Utilities 26 45. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if 27 proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. PC RESO NO. 7083 -12- 1 „ 46. Developer shall design and construct public facilities within public right-of-way or within 2 minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate 3 maintenance, access and/or joint utility purposes. 4 47. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 5 6 7 8 13 14 19 20 21 22 48. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 49. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public 9 improvement plans. 10 50. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 11 51. The developer shall provide separate potable water meters for each separately owned unit 12 within this subdivision. Code Reminders: 52. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 15 required by Chapter 20.44 ofthe Carlsbad Municipal Code. 16 53. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 17 54. 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. 55. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 56. This tentative map shall expire two years from the date on which the City Council voted to approve this application. 57. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 23 Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 24 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code 25 Section 18.04.320. 26 59. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area 27 contained in the staff report and shown on the site plan are for planning purposes only. 28 PC RESO NO. 7083 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of the City of Carlsbad, California, held on February 4, 2015, by the following vote, to wit: AYES: Chairperson Scully, Commissioners Black, Montgomery and Segall NOES: Commissioners Anderson and L'Heureux ABSENT: Commissioner Siekmann VICJroRI^SCULLY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7083 -14- The City of Carlsbad Planning Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: February 4, 2015 Application complete date: October 22, 2014 Project Planner: Shannon Werneke Project Engineer: David Rick SUBJECT: CT 14-03/RP 14-16 - BEACHWALK AT MADISON - Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to allow for the construction of six (6) multi-family residential air space condominiums on a 0.28-acre site on the east side of Madison Street in Land Use District 8 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7083 RECOMMENDING APPROVAL of Tentative Tract Map CT 14-06 and Major Review Permit RP 14-16 to the City Council based on the findings and subject to the conditions contained therein. "• PROJECT DESCRIPTION AND BACKGROUND The subject 0.28-acre (gross) site is located on the east side of Madison Street, in between Laguna Street to the north and Arbuckle Place to the south. In addition, the property is located within Land Use District 8, the Residential Support Area, ofthe Village Master Plan and outside ofthe boundaries of the coastal zone. Topographically, the site is generally flat and slopes from a high point of 52 feet above mean sea level (MSL) along the eastern property line to 48 feet above MSL along the western property line. The site is currently vacant and devoid of any sensitive vegetation. The proposed project entails a request for approval of a Tentative Tract Map and Major Review Permit to construct six (6) multi-family residential air-space condominiums which are configured as two triplexes. Two unit types are proposed, each of which is approximately 1,600 square feet in size (excluding the garage), three-stories and 34 feet-tall. Each unit incorporates two balconies totaling 192 square feet; at-grade porches are also proposed for the end units. Parking for each unit is proposed to be provided by an attached two-car garage, which includes a direct entrance into the unit. Except for the exclusive use areas (i.e., balconies and patios), the underlying lot will be held in common interest divided between the six airspace condominiums. This common area includes, but is not limited to, the private driveway, landscaping, and sidewalks. Grading quantities to prepare the site for development include 850 cubic yards of cut, which results in 850 cubic yards of export. To accommodate the project, retaining walls ranging up to 4 feet in height are proposed around the north, south and east property lines. In addition, a standards modification is proposed to the front yard setback. Instead of the desired front yard setback of 15 feet, a setback of 10 feet from the front (west) property line is proposed V CT 14-03/RP 14-16 - BEACHWALK AT MADISON February 4, 2015 Page 2 A detailed breakdown of each type of unit is summarized in Table 1 below. TABLE 1 - DETAILS FOR UNIT TYPE Unit Type Quantity Size (gross SF, excluding garage) Bedroom/Bathrooms Garage Balconies Height A 4 1,607 SF 3/3 2-car garage 192 SF 34' % " 6 2 1,594 SF 3/3 2-car garage 192 SF 34' % " Access to the site is proposed to be provided by a 20-foot-wide driveway located off of Madison Street, which will be enhanced with permeable pavers. The driveway centrally bisects the site and provides access to each of the proposed internally-facing two-car garages. The primary entrance for the two units with frontage on Madison Street is oriented towards the street while pedestrian access to the remaining four units is provided by a common sidewalk which parallels the north and south property lines. The architectural design is characterized as contemporary with a coastal influence. Primary building materials include a light cream-colored stucco and olive-colored horizontal siding. Asphalt shingles cover a 5:12 pitched roof over each unit; and metal awnings adorn some of the windows, doors, and balconies throughout. A variety of roof planes are included that provide different roof heights and each elevation includes off-setting building planes. The project meets the City's standards for subdivisions and, as designed and conditioned, is in compliance with the General Plan, Village Master Plan, Subdivision Ordinance, and relevant zoning regulations ofthe Carlsbad Municipal Code (CMC). Table 2 below identifies the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE2-SURR0 JNDING LAND USES Location General Plan Designation Zoning Current Land Use Site V V-R Vacant North V V-R Business office South V V-R Single-family residential East V V-R Multi-family residential West V V-R Multi-family residential and single-family residential 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 (VR) Zone (CMC Chapter 21.35), Land Use District 8 (Residential Support Area, Village Master Plan and Design Manual)/Development Standards Modification; C. Inclusionary Housing Ordinance (CMC Chapter 21.85); D. Subdivision Ordinance (CMC Title 20); and E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. •"7 CT 14-03/RP 14-16 - BEACHWALK AT MADISON February 4, 2015 Page 3 The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use Designation The subject property 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. Table 3 below identifies the permissible density range for properties located outside ofthe coastal zone and within Land Use District 8. In addition, the allowable range for the number of dwelling units based on the size of the project site and a comparison to what is currently proposed is included in the table. TABLE 3 - PROPOSED DENSITY Gross Acres Net Acres Allowable Density Range; Min/Max Dwelling Units per Village Master Plan Project Density; Proposed Dwelling Units 0.28 0.26 18-23 du/ac Minimum: 4 dwelling units Maximum: 6 dwelling units 21.43 du/ac 6 units As identified above, the project's density of 21.43 dwelling units per acre falls within the allowable density range of 18 to 23 dwelling units per acre. 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 (EDUB). The EDUB 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 CMC Section 21.85.110. As discussed in Section C below, because less than seven (7) units are proposed, the inclusionary requirements may be satisfied through the payment to the city of an in-lieu fee. 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 shall be found to be consistent with the General Plan and any other applicable planning document. As discussed in the attached Planning Commission Resolution No. 7083, 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 EDUB. The following Table 4 describes how the proposed Beachwalk at Madison project is consistent with the various elements ofthe Carlsbad General Plan. CT 14-03/RP 14-16 February 4, 2015 Page 4 BEACHWALK AT MADISON TABLE 4-GENERAL PLAN COMPUANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES 8i 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.3 A City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses. The proposed project, which includes the construction of 6 new multi-family airspace condominiums, will enhance the vitality ofthe Village by providing new residential land uses in close proximity to the downtown area. The project reinforces the pedestrian- orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Overall, the residential project will contribute to the revitalization ofthe Village area. Yes Housing Goal 3 Sufficient new, affordable housing opportunities in all quadrants of the City to meet the needs of the current lower and moderate income households and those with special needs, and fair share proportion of future lower and moderate income households. Policv 3.4 Adhere to City Council Policy No. 43 when considering allocation of units from the Excess Dwelling Unit Bank. As less than seven (7) units are proposed, the inclusionary requirements may be satisfied through the payment to the city of an in-lieu fee. The project has been accordingly-conditioned to require the payment ofthe applicable housing in- lieu fee for six units prior to recordation ofthe final map. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in CC 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. 7083, the proposed project meets these findings. Yes CT 14-03/RP 14-16 - BEACHWALK AT MADISON February 4, 2015 Pages TABLE 4-GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Circulation Obiective 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 ofthe circulation requirements, which include a 20- foot-wide unobstructed driveway off of Madison Street. Yes Public Safety Policv C.l Design all structures in accordance with the seismic design standards of the California Building Code (CBC) and State building requirements. Policv B.4 Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The proposed structural improvements are required to be designed in conformance with all seismic design standards. The proposed project is consistent with all of the applicable fire safety requirements. Yes Noise Policv C.5 Interior noise standard of 45 dBA for residential land uses. A noise study was prepared for the proposed project (Weiland Acoustics, October 24, 2014). Pursuant to the report, the project will comply with the city and state interior noise standards utilizing standard residential building construction with mechanical ventilation. Yes Village Review Zone (CMC Chapter 21.35), Land Use District 8, Residential Support Area (Village Master Plan and Design Manual) The subject property is located within Land Use District 8, Residential Support Area, of the Village Master Plan. The proposed project entails a request to construct a total of six (6) multi-family residential airspace condominiums. The specific development standards for new development within Land Use District 8 and the project's compliance with these standards are shown in Table 5 below: CT 14-03/RP 14-16 - BEACHWALK AT MADISON February 4, 2015 Page 6 TABLE 5 VILLAGE MASTER PLAN, LAND USE DISTRICT 8, RESIDENTIAL SUPPORT AREA STANDARD REQUIRED/ALLOWED PROPOSED COMPLY? Intent Intent Develop Land Use District 8 with a relatively dense urban residential neighborhood with a Village scale and character. The proposed project contributes towards the overall goal of creating a dense urban residential neighborhood since the density is being maximized and a Contemporary Seaside architectural design is proposed which complements the Village atmosphere. Yes Front Yard Setback 5-15 feet 10'1 %" No** Side Yard Setback 10% of lot width, 5-10 feet 10' Yes Rear Yard Setback 5-10 feet 10 Yes Max Building Height 35' 34' % " Yes Building Coverage 60-80% 45.06% Yes. Pursuant to the Universal Standards in the Village Master Plan, the bottom of the range is considered the desired standard. Due to setback, access and stormwater requirements, it is not feasible to meet the bottom of the range for the building coverage. Further, a Standards Modification is only required for projects which exceed the maximum ofthe range (i.e., 80%). Parking 2 spaces per unit, one of which is required to be covered Two-car garage per unit, 20' X 20' Yes Open Space 20% = 2,276 SF *lncludes patios/balconies, landscape planters/pockets 47.97% or 5,460 SF Yes Density 18-23 dwelling units/acre 21.43 dwelling units/acre Yes **A standards modification is proposed to the front yard setback. Instead of the desired front yard setback of 15 feet, a setback of 10 feet from the front (west) property line is proposed. Pursuant to Land Use District 8 of the Village Master Plan (VMP), a front yard setback range of 5 to 15 feet is established. As stated in the VMP, the top of the range is considered the desired setback. However, a reduction in the standard, down to the minimum or anywhere within the range, can be permitted if project warrants such a reduction due to good project design and/or the provision of other project features which benefit the IP CT 14-03/RP 14-16 - BEACHWALK AT MADISON February 4, 2015 Page.Z Village Area. As discussed in the attached Planning Commission Resolution No. 7083, the findings for the modification to the front yard setback can be supported. C. Inclusionary Housing For all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct six (6) condominium units has been conditioned to pay the applicable housing in-lieu fee for six units prior to final parcel map approval. D. Subdivision Ordinance The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has found that the subdivision for six air-space condominiums complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20). The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development, including the dedication of 10 feet for frontage improvements adjacent to Madison Street. 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 6 below. TABLE( j-GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 20.86 sq. ft. Yes Library 11.13 sq.ft. Yes Waste Water Treatment 6 EDU Yes Parks 0.04 acres Yes Drainage 0.57 CFS Yes Circulation 36 ADTs Yes Fire Station 1 Yes Open Space n/a n/a Schools E: 1.02, M: 0.50, H: 0.44 Yes Sewer Collection System 1,320 GPD Yes Water 1,500 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. Therefore, as 6 units are proposed, a total of six (6) dwelling units are proposed to be deducted from the City's Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No. 7083, the allocation from the EDUB can be supported. V. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the Village Master Plan as well as the General Plan, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; CT 14-03/RP 14-16 - BEACHWALK AT MADISON February 4, 2015 Page 8 there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval ofthe project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project is exempt from further environmental documentation pursuant to Section 15332 of the State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7083 (CT 14-06/RP 14-16) 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A" - "R" dated February 4, 2015 .1 u LAGUNA DR J a. O CC ffl < SITE MAP W NOT TO SCALE Beachwalk at Madison CT 14-03/RP 14-16 7^ ^ CITY OF DISCLOSURE Develooment Services ^ CITY OF STATEMENT Planning Divisfon ^ CITY OF P-1(A) 1635 Faraday Avenue CARLSBAD P-1(A) (760) 602-4610 www.carisbadca.gov /Vppficanf s statement or disclosure of certain ownership interests on all applications viAuch will require discretionary adton m the part of the City Coundi or aiy appointed Board. Commission or Committee. The fioliowing infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Piease print Note: Peison is defined as 'Any individual, fimi. co-partnership, joint venture, assod^ion. social dub. fraternal organization, corporation, estate, trust, receiver, syndicate, m this and any other county, cily and county, city munidpafity, district or other pofitical subdivision or any other gmusp or comtmation acting as a unit' Agents may sign ttiis document; however, the legal name and entity of the appiicant and propeity owner must be pro>nded below. 1. APPLICANT (Not the applicants agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financia] interest in the application. If the applicant includes a corporation or partnerstiip. include the names, titles, addresses of ail ind^^nduals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPUCABLE (N/A) IN THE SPACE BELOW. If a publidv-owned corporation, indude the names, tKles, and addresses of the corporate officers. (A sepsffatepa^rr^y be attached if necessary.) . ^ / \J Peison K&et^i /^k&yjr Con>ff>art l>md^ /QiCrfit D^mp/ltol Title ^fii^aiZ/i Trtle Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Aiso. provide the nature of the i^al ownership Q.e., p^ership, tenants in common, non-profit, corporation, etc.). If the ownership indudes a corporafion or partnership, include the names, tities, addresses of an individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLIC/^LE (N/A) IN THE SPACE BELOW. If a publidy-owned corporation, indude the names, tities, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /i|v^AN> ^gr5/V( Conp/Part Vrp^acA- T^i>/x-f Ih^ Titie V/f o ^.rz^ . Titie non - pi-oL'^ Co Address 3 l>o MM Address -^^ ryvc P-1(A) Page lof 2 Re\rised 07/10 D' 3. NON-PROFIT ORGANIZATION OR TRUST If any pesson identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY penson serving as an officer or director of the nan- pr^t^aruzafion or as tru^ee or benefidary of the. JT (Ho^jpra^^ TVoj ^6 V X^ A [^on Profil/Tnist ^ ^^"^ Titie <^^tW-i>ig- f>3.jwv^^4>.^ Titie Address ^ >s,. f\ Address 4. Have you had more ttian $500 worth of business transacted witti any menriber of City staff. Boards. Commissions, Committees and/or Coundl witiiin the past twelve (12) months? I I Yes 0No Ifyes, please indicate per5on(s):. NOTE: Attach addHiond stieets if necessary. I certity that all the above information is true and correct to the Signature oTowner/date Signature of applicant/date Print or type name of owner Print or type name of applicant ^ f^fSc Jf^^^ Signature of owner/applicanf s agent if applicable/date Print or type name of owner/applicanf s agent P-1(A) Page 2 of 2 Revised 07/10 I I HI Ul st §5? 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I pii I p If f Mi tl tf s: l! i lm iilii I'lim s,i» L 16 i I 11 mm ! sM" IPii lilt nrnm y mint,, ml' lit: Mill mm 51 M ill 3 lis S 5 S l^ I ^ I i i i 9 I HIM HI i ifiiiilililiiiiiiiilHl iii i 1 ' I Mini .ili^imH^^WJ isiilliiililiiiiii i Uif I If yi iiiiiiii il mil''-. o ! I It... * -I S I ^^llllllll m i il i S I i = l = i"l = l-'S-' m © 0®0 ipil sill 1i! pi flf mil liWif Mm 11 i f 1 '51 5; ^ I 8 i JJ I I X LIJ u] LJ iO] Li] ^ • • • • • V • Vi 11 c 2 t a ^ w e s ? ft is 31 EXHIBIT 5 Planning Commission Minutes February 4,2015 Page 2 1 CUP 99-23(A>/CDP 99-45(A) - CARLSBAD WATER RECYCLING FACILITY - Request for a Conditional Use Permit Amendment and Coastai Development Permit Amendment for the Phase III Expansion of the Carlsbad Water Recycling Facility located at 6220 Avenida Encinas in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 22. The project is within the scope of the Mitigated Negative Declaration (MND) that was prepared for the Phase III Recycled Water Project and the MND adequately describes the activity for the purposes of CEQA. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Scully asked if any member of the audience wished to address Agenda Item 1. Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Anderson and duly seconded by Commissioner L'Heureux thatthe Planning Commission approve Agenda Item 1. VOTE: 6-0 AYES: Chairperson Scully, Commissioner Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 2. 2. CT 14-03/RP 14-16 - BEACHWALK AT MADISON - Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to allow for the construction of six (6) multi-family residential air space condominiums on a 0.28-acre site on the east side of Madison Street in Land Use District 8 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a brief presentation and stated she would be available to answer any questions. Chairperson Sully asked if there were any questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Geoff McComic, Vesta Pacific Development, stated he was available to answer any questions. Chairperson Scully asked if there were any questions of the applicant. Seeing none she asked if there were any members of the audience who wished to speak on Agenda Item 2. Seeing none, Chairperson Scully opened and closed public testimony on Agenda Item 2. DISCUSSION Commissioner Segall stated he can support the project. Commissioner Montgomery stated he can support the project. Pianning Commission Minutes February 4,2015 Page 3 Commissioner Black also stated he can support the project. Commissioner L'Heureux stated he cannot support the project. He feels that when a developer asks for modifications to the standards, which is part of this request, he looks for something in return. Commissioner L'Heureux stated that in his opinion the project is mediocre at best and he does not see any real benefit to the city. He feels this is a D+, C- type project. He further commented that the city is spending millions of dollars in the village, and he feels the city wants something better than this project. Commissioner L'Heureux stated he does not want to encourage more projects like this because the city can do a lot better. Commissioner Anderson stated she is not thrilled with the architecture of the project, especially the street view as it is pretty industrial looking. She believes the building is more attractive from the rear. Commissioner Anderson commented that she would hate to see the city move away from the more traditional character of the village. Commissioner Anderson commented she is not sure about her opinion of the project. She stated that she likes the landscaping and the variety of plants that will be used. Chairperson Scully stated her concurrence with Commissioners Anderson and L'Heureux. She commented that the architecture is too industrial for the area and it does not look like a residential project. Commissioner Scully commented that she would like to see the architecture softened up. She further stated that she will support the project because she cannot find any legal findings not to. Jane Mobaldi, Assistant City Attorney, stated that the village area does not have architectural design guidelines and City Council Policy No. 44 does not apply. She stated that there is a finding with the Tentative Map that the project is in keeping with the surrounding neighborhood uses. If the Commission felt the project was so modern as to be incompatible with the surrounding uses, then that could possibly be a basis for a finding. Ms. Mobaldi further added that in regard to the modification of the development standards, a requested setback modification must result in good project design. However, that does not seem to be the basis for the Commissioners' objection. MOTION ACTION: Motion by Commissioner Black and duly seconded by Commissioner Segall that the Planning Commission adopt Planning Commission Resolution No. 7083 recommending approval of Tentative Tract Map CT 14-06 and Major Review Permit RP 14-16 to the City Council based on the findings and subject to the conditions contained therein. DISCUSSION Commissioner Segall asked about "softening the architecture" and what that would look like. He also stated he is concerned because he believes this project meets the current design standards set forth for the village so he not sure what the Commission is asking this applicant or any future applicants to do if they are following the standards and yet there are Commissioners who do not like the project or will not support the project. Mr. Neu clarified that the Village Master Plan does have a chapter on design guidelines but it does not have is a required architectural theme. If the Commission has specific design ideas for certain areas of the village, staff can consider that with the new, amended plan. Commissioner Segall stated that until the Commission has something to refer to, there are still projects that the Commission needs to make decisions on. Ms. Mobaldi commented that because there is not a full commission tonight, if there is a tie vote, the item would be continued to the next meeting. Commissioner Anderson commented that the street view needs more articulation to make it more inviting and that would make the resale value increase. Ms. Mobaldi advised that resale value is not something that the Commission can take into consideration as it is not a finding. The Commission needs to focus whether the project is compatible with the surrounding land uses if that is why they cannot support the project. Planning Commission Minutes February 4,2015 Page 4 Commissioner Anderson stated that she cannot support the project because it does not fit in with the neighborhood. VOTE VOTE: 4-2 AYES: Chairperson Scully, Commissioner Black, Commissioner Montgomery, and Commissioner Segall NOES: Commissioner Anderson and Commissioner L'Heureux ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS None. CITY PLANNER COMMENTS Mr. Neu commented that the Commission should see within the next few months the Draft Village and Barrio Master Plan. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of February 4, 2015 was adjourned at 6:35 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 Coundl 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, March 24, 2015, to consider approval of a Tentative Tract Map and a Major Review Permit to allow for the construction of six (6) multi-family residential air space condominiums on a 0.28-acre site on the east side of Madison Street in Land Use District 8 of the Village Review zone and within Local Facilities Management Zone 1 and more particularly described as: That portion of Lot 47 of Seaside Lands, in the County of San Diego, State of California, according to map thereof No. 1722, filed In the Office of the County Recorder of San Diego County, July 28,1921 Whereas, on February 4, 2015 the City of Carlsbad Planning Commission voted 4-2 (L'Heureux and Anderson; Siekmann absent) to recommend approval of a Tentative Tract Map and a Major Review Permit to allow for the construdion of six (6) multi-family residential air space condominiums on a 0.28-acre site on the east side of Madison Street in Land Use District 8 of the Village Review zone and within Local Facilities Management Zone 1. The projed 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 March 20,2015. If you have any questions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke@carlsbadca.gov. The time within which you may judicially challenge this Tentative Trad 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 14-03/RP 14-16 CASE NAME: BEACHWALK AT MADISON PUBLISH: March 13,2015 CITY OF CARLSBAD CITY COUNCIL U" LAGUNA DR J CL O ac OQ < /• / \ ! \ ! ^ '\.fy^>^ ) i \ w \ \ v.y' -jgv \ \ \ \ ,„ m ~- V-^ / h \ \ \ VV '1 u \ WOT TO SCALE SITE MAP Beachwalk at Madison CT 14-03/RP 14-16 AFFIDAVIT OF MAIUNG NOTICE OF PUBUC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: ^<^Cf-^fS SUBJECT: g><g^ u/gd'/L nJL A\^rso/w LOCATION: /A.QO 6sLr{shacC {/jfl/Tj^ iFyc^^ DATE NOTICES MAILED TO PROPERTY OWNERS: 3/(1 j/'fS' 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 correct. CITY CLERK'S OFFICE <c?^^;^v;^UW27"- 3// ( ffS (Signature) / / (Dat6) (Dat6) SENT TO FOR PUBLICATION VIA E-MAIL TO:^0^nion Tribune I I Coast News PUBLICATION DATE: Union Tribune 3//3 ft^ Coast News I dedare 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: b/p. I IS C>^C>nyi\^ ' 7 (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments Easy Peel® Labels Use Avery® Template 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 I i 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 SALKAV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® S160® Bend along line to > expose Pop-up Edge™ ^ 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 QUALITY 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 Sens de charaement Repliez ^ la hachure afin de r^v^ler le rebord Pop-up*"^ AVERY® 5160® I 1 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. 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BENCHMARK PACIFIC LTD 2805 ROOSEVELT ST CARLSBAD CA 92008 WARD FAMILTY TRUST 2832 STATE ST CARLSBAD CA 92008 ROOSEVELT TAMARACK INVESTMENTS L P 6 VENTURE #215 IRVINE CA 92618 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 REDEVELOPMENT AGENCY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 DONALD K & LAEL J DEWHURST 3425 SEACREST DR CARLSBAD CA 92008 BRENT & DENISE BEAZLEY 16633 VENTURA BLVD #1030 ENCINOCA 91436 NORTH COUNTY TRANSIT DISTRICT 810 MISSION AVE OCEANSIDE CA 92054 OSTRIE FAMILY INC P O BOX 8 RANCHO SANTA FE CA 92067 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 NEW VILLAGE ARTS P O BOX 2565 CARLSBADCA 92018 Etiquettes faciles a peler | Utilisez le gabarit AVERY® 5160®/8160'"' ! • Sens de charaement Repliez a la hachure afin de {j reveler le rebord Pop-up""' J www.avery.com 1-800-GO-AVERY Morgen Fry From: Sent: To: Subject: Council Internet Email Monday, March 23, 2015 2:33 PM Morgen Fry FW: Council Agenda Item AB #21,906 Res.No. 2015-073 From: Joe Sardina [mailto:j.srdlna(5)gmail.com] Sent: IVlonday, March 23, 2015 2:08 PM To: Council Internet Email; Communications; City Clerk Subject: Council Agenda Item AB #21,906 Res.No. 2015-073 All Receive - Agenda Item # Jj_ For ttie Information of the: CITY COUNCIL ACM_/_CA_/1CC y Date-^a/is City Manager~~7 I see a Proposal to approve a 6 unit multi-family condo complex for Madison Street. Seems like the City is approving filling any remaining open spaces with multi-unit multi-family complexes and doing the same for many of what are now single family homes. Per the the City website Carlsbad's core values are: Small town feel, beach community character and connectedness Open space and the natural environment . Access to recreation and active, healthy lifestyle Local economy, business diversity and tourism Walking, biking, pubhc transportation and connectivity Sustauiability History, the arts and cultural resources High quality education and community services Neighborhood revitahzation, commimity design and livability This and all the other recent construction seems to be completely counter to ALL the core values with the possible exception of revitalization and even at that, filling every available space with large multi-imit complexes is NOT so much revitalization as repurposuig. I would like to see these proposals, including the above rejected and an emphasis put on maintaining and improving open space and revitalization / construction of single family homes consistent with the City's core values! ~ Joe Sardina 4009 Canario St. Date! Distribution: City Clerk Asst. City Clerk Deputy Clerk Book r Beachwalk at Madison March 24, 2015 Staff: Shannon Werneke Associate Planner Location Map S TA TE S TBUENA VISTA CRGRAN D A V DAVIS PL LAGUNA DR DAVIS AVROOS E VE L T S T CABRILLO PLKREMEYER CRHOM E A V ARBU C K L E P L BEEC H A V MADISON S T J E F FERSON S T CT 14-03 / RP 14-16 Beachwalk at Madison SITE MAPEL CAM REALCARLSBAD VILL AGE D R CARLSBA D BLL A COSTA AV PALO M AR AIRP ORT R D MELR OSE D RAVIARA PY RANCHO S ANTA FE RDCOLL E GE BLEL CAMI NO REAL S TA T E S TBUENA VISTA CRLAGUNA DR CABRILLO PLROOS EV E L T S T HOME A VKREMEYER CRARBU C K L E P L BEEC H A V MAD ISON S T J E F F ERSON S T 0 200 400100 Feet CT 14-03 / RP 14-16 Beachwalk at Madison Existing Setting Properties to North/South South of Project/Adjacent to Post Office Properties to East/West Site Plan 10’* (setback modification) Parking/First Floor Plan Elevations-Street Scene Side Elevations Planning Commission February 2, 2015 Recommended approval, 4-2 Anderson and L’Heureux voted No Concerns regarding quality of architectural design Street scene has an industrial feel Revised Front Elevation Approved at PC Applicant Proposed Modification Revised Side Elevation Approved at PC Applicant Proposed Modification Goals Village Master Plan GOAL 3: Stimulate property improvements and new development in the Village. Stimulate and attract private investment GOAL 4: Improve the physical appearance of the Village Encourage design diversity Project Compliance Village Master Plan Falls within the allowable density range Well-articulated; good mixture of materials Enhances the Village as a place for living Will act as a catalyst for development in the Village Significant upgrade to surrounding uses Recommendation ADOPT Resolution No.2015-073,APPROVING Tentative Tract Map CT 14-03 and Major Review Permit RP 14-16 to allow for the construction of a six unit multi-family residential condominium development on the east side of Madison Street in Land Use District 8 of the Village Review Zone and within Local Facilities Management Plan Zone 1 as recommended by the Planning Commission. Floor Plan