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HomeMy WebLinkAbout2015-04-21; City Council; 21936; Approving Parking In-Lieu Fee City and Quonset Development LLC RP 14-15 2737 State Street District 1CITY OF CARLSBAD - AGENDA BILL AB# 21.936 ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND QUONSET DEVELOPMENT, LLC, PROPERTY OWNER, FOR THE PROJEa KNOWN AS QUONSET ADDITION (RP 14-15) LOCATED AT 2727 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE DEPT. DIREaOR MTG. 4/21/15_ DEPT. GEO ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND QUONSET DEVELOPMENT, LLC, PROPERTY OWNER, FOR THE PROJEa KNOWN AS QUONSET ADDITION (RP 14-15) LOCATED AT 2727 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE CITY ATTORNEY //T/ " MTG. 4/21/15_ DEPT. GEO ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND QUONSET DEVELOPMENT, LLC, PROPERTY OWNER, FOR THE PROJEa KNOWN AS QUONSET ADDITION (RP 14-15) LOCATED AT 2727 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE CITY MANAGER [/ *f\ RECOMMENDED ACTION: Adopt Resolution No. 2015-098 . approving a parking in-lieu fee program participation agreement between the City Council and Quonset Development, LLC, property owner, for the project known as Quonset Addition located at 2727 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council RP 14-15 (Parking In-Lieu Fee Program Participation Agreement ONLY) X A = Approved X = Final City decision-making authority = requires Coastal Commission approval On November 5, 2014, the Planning Commission approved (7-0) Minor Review Permit RP 14-15 to allow for the adaptive reuse of two existing commercial buildings, the addition of 720 square feet to the building along State Street to accommodate future permitted retail uses, and participation in the Parking In-Lieu Fee Program for (2) two parking spaces for the required parking for the project located at 2727 State Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. No public comments or testimony in opposition to the project were received during the Planning Commission hearing. Although the project (RP 14-15) received final approval at Planning Commission, in accordance with the Village Master Plan, the City Council must approve the Village Parking In-Lieu Fee Program Participation Agreement between the Council, on behalf of the City of Carisbad, and Quonset Development, LLC, property owner of the project known as Quonset Addition. The Parking In-Lieu Fee Program Participation agreement will allow the property owner to pay the established parking in-lieu fee for a total of two (2) parking spaces to satisfy the project's on-site parking requirement. The current parking in-lieu fee is $11,978 per parking space. The approving resolution along with the Planning Commission staff report and the draft minutes of the November 5, 2014 Planning Commission meeting are attached for the Council's review. In addition, the necessary resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owner to participate in the Parking In-Lieu Fee Program for (2) parking spaces, are attached for the Council's review and approval. DEPARTMENT CONTACT: Greg Fisher 760-602-4629 greg.fisherOcarlsbadca.gov fOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Quonset Addition Page 2 of 2 FISCAL IMPACT: There are no fiscal impacts associated with the approval of the parking in-lieu fee program participation agreement. ENVIRONMENTAL IMPACT: The City Planner has determined that the Quonset Addition project including the Parking In-Lieu Fee Participation Agreement belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-fill Development Projects) Class 32 of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. EXHIBITS: 2015-098, 1. City Council Resolution No. (RP 14-15 Parking In-Lieu Fee Program Participation Agreement ONLY) 2. Parking In-Lieu Fee Program Participation Agreement 3. Location Map 4. Planning Commission Resolution No. 7074 5. Planning Commission Staff Report dated November 5, 2014 6. Planning Commission Minutes dated November 5, 2014 EXHIBIT 1 RESOLUTION NO. 2015-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY COUNCIL AND QUONSET DEVELOPMENT LLC, PROPERTY OWNER, FOR THE PROJECT 4 KNOWN AS QUONSET ADDITION LOCATED AT 2727 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN 5 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: QUONSET ADDITION 6 CASE NO.: RP 14-15 7 The City Council of the City of Carisbad, California, does hereby resolve as follows: 8 WHEREAS, as a condition of approval of Minor Village Review Permit 14-15, the 9 Property Owner is required to enter into an agreement with the City Council to allow the Property Owner to participate in the Village Parking In-Lieu Fee Program to satisfy the on-site parking requirements for the subject project; and WHEREAS, the Property Owner has agreed, by acceptance of the conditions of said approval, to pay the established Parking In-Lieu Fee for a total of two (2) commercial parking spaces to satisfy the on-site parking requirements for the adaptive reuse project located at 2727 State Street within Land Use District 1 ofthe Village Review Zone; and WHEREAS, the Council finds that the subject property and project has qualified to participate in the Village Parking In-Lieu Fee Program and participation in the program will satisfy the two (2) required commercial parking spaces for the subject project on the noted property at 2727 State Street; and WHEREAS, the Planning Commission on November 5, 2014 determined that the proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; and WHEREAS, the Council has previously determined that there is adequate public parking 25 available within the Village Area to accommodate the subject project's parking demands and that the 25 average utilization rate for all public parking lots according to the most recent parking study is 63%, 27 which is below the full utilization rate of 85%; and 28 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of 2 this Parking In-Lieu Fee Participation Agreement. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 4 California as follows: 5 1. That the foregoing recitations are true and correct. 6 2. That the City Council hereby approves the Village Parking In-Lieu Fee ^ Participation Agreement between the Council, on behalf of the City of Carlsbad, and Quonset Development, LLC, property owner of the project known as the Quonset Addition which is located at 2727 State Street, in Land Use District 1 ofthe Village Review Zone ofthe City of Carlsbad. 3. That the Mayor of the City of Carisbad is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. "NOTICE TO APPLICANT" 8 9 10 11 12 13 14 „ The time within which judicial review of this decision must be sought is governed by Code of Civil 15 Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the 16 appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a 17 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 1^ the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carisbad Village Drive, Carisbad, CA, 92008. 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// 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 day of 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Crty Clerk (SEAL) ^s^<^,SBAo%., RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carisbad Village Drive ) Carisbad, California 92008-1989 ) Space above this line for Recorder's use Assessor's Parcel Number 203-054-03 Project Number and Name RP 14-15 - Quonset Addition CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this day of JL_, 2015, by and between the CITY OF CARLSBAD, a municipal corporation ofthe State oTCi California ("City"), and Quonset Development, LLC, ("Program Participant"), is made with reference to the following; RECITALS A. Program Participant is the owner of certain real property located at 2727 State Street (APN: 203-054-03) in the City of Carisbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Minor Review Permit (RP# 14-15), which provides conditional approval to allow the adaptive reuse of two existing commercial buildings, the addition of 720 square feet to accommodate future permitted retail uses, and participation in the Parking In-Lieu Fee Program for (2) two parking spaces to satisfy the on-site parking requirements ("Project"). B. Condition No. 18 of Planning Commission Resolution No. 7074 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Minor Review Permit No. 14-15 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of two (2) parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Minor Review Permit No. 14-15 to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: CA 11/5/2014 APN: 203-054-03 PROJECT NO. & NUMBER: RP 14-15 - Quonset Addition 1. THE RECITALS ARE TRUE AND CORRECT. 2. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing two (2) on-site parking spaces for the Project covered by Minor Review Permit No. 14-15 by reason of City Council approval of Minor Review Permit No. 14-15, including Condition No. 18 listed in Planning Commission Resolution No. 7074. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of two (2) parking spaces as established by the City Council, and, as required by Condition No. 18 of Planning Commission Resolution No. 7074. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Review zone, or at any other location within the City of Carisbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carisbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area ofthe City of Carisbad. The City Council has approved Minor Review Permit 14-15 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of two (2) parking spaces. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carisbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 18 of Planning Commission Resolution No. 7074. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carisbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage, including attorneys' fees and expenses, sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participant's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: CA 11/5/2014 1 APN: 203-054-03 PROJECT NO. & NUMBER: RP 14-15-Quonset Addition TO THE CITY: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Quonset Development, LLC Brett Farrow 125 Mozart Avenue Cardiff bv the Sea. CA 92007 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the two (2) parking spaces for the Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the Project as described in Exhibit A to this Agreement. 9. JURISDICTION Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. CA 11/5/2014 APN: 203-054-03 PROJECT NO. & NUMBER: RP 14-15 - Quonset Addition 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT • v-\/n Here) (Print Name/Title) Dated: By:_ /-SZL (Sign Here) (Print Name/Title) Dated: CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor Dated: EnglefeoA, City Clerk (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Celia A. Brewer, City Attorney By: Dated: JaneTSlobaldi, AssTsfaht City Attorney CA11/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docum^t State of Califomia County of S«?\r\ Viec^O On ^^-^)--l5 Date personally appeared . . before me, IgS^^ fgj^^ kU\ra{\^ Ml! ^ Here Insert Name and We of the Officer Name^ of Signer^ y who proved to me on ttie basis of satisfactory evidence to be ttie person(^ whose name(^) isMre- subscribedto the wittiin instalment and acknowledged to me that he/sbeii%h^ executed ttie same in his/henWietpauthonzed capacityO^), and that by his/hefitheipsignaturefii^ on ttie instiument the oersonfa? or the entity upon behalf of which the person(^ acted, executed ttie instmment. ^ I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. 1 OFFICIAL SEAL TESSA PATTI NOTARY PUBLIC-CALIFORNlAi COMM, NO. 2092355 S SAN DIEQO COUNTY • MY COMM. EXP, DEC. 5,2018 | WITNESS my hand and official seal. Signature. CT" Signature of Notary Public Place Notaiy Seal Above •OPTIONAL Though tfj/s section Is optional, completing this infonnation can deter alteiation ofthe document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attomey in Fact • Tmstee • Guardian or Conservator • Other Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited •General • Individual • Attomey in Fact • Tmstee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1-800-876-6827) Item #5907 a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the tmthfulness, accuracy, or validity of that document. State of Califomia County of 3ao Di'py:^ On .Afir>l <Jg, ,r^lS> before me, Date personally appeared A<L-fic> Trfu'i^to QQ^^J J i-^-fg^ P^b/.'c Here Insert Name and Title of the Officer Namej/Bfof Signer(^ who proved to me on the basis of satisfactory evidence to be the person(^whose name(8f is/afe subscribed to the within instrument and acknowledged to me that hOifeho/thoy executed the same in his/b©fi#ieir authorized capacity(}e§)rand that by his/bor/thotr signature(8)ron the instrument the persoQ(^ or the entity upon behalf of which the personjE^acted, executed the instrument. LETICIA TREVINO REYES i COMM. #1994847 i Notary Public - California g San Diego County -j My Comm. Expires Oct. 21.2016 f 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature/i:^^^t'jL'€iiPt jWyiffo /Ze^y^ Signature of Notary PHMC Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document De^ei:iption of Attached Document Title orType of Document: Number of P^ Signer(s) Other Than Named Above CapacityOes) Claimec Signer's Name: • Corporate Officer — Titie(s) • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Cofiservator • Other: Signer Is Representing Document ner's Name: • Corporate Officer — Title(s): • Partner — • Limited • General •Individual • Attorney in Fact • Truste§\^ • Guardian or Conservator • Other: APN: 203-054-03 PROJECT NO. & NUMBER: RP 14-15-Quonset Addition EXHIBIT A Address: 2727 State Street Assessor Parcel No.: 203-054-03 LEGAL DESCRIPTION OF PROPERTY Lot 3, in Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28,1921 CA 11/5/2014 )0 EXHIBITS SITE MAP NOT TO SCALE Quonset Addition RP 14-15 EXHIBIT 4 15 16 17 18 19 20 21 22 23 24 25 PLANNING COMMISSION RESOLUTION NO. 7074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A MINOR REVIEW PERMIT TO ALLOW THE ADAPTIVE REUSE OF TWO EXISTING COMMERCIAL 4 BUILDINGS CURRENTLY OCCUPIED BY AN AUTO REPAIR GARAGE AND OFFICE/RETAIL SPACE AND THE ADDITION OF 720 SQUARE FEET TO THE 5 BUILDING ALONG STATE STREET TO ACCOMMODATE FUTURE PERMITTED RETAIL USES LOCATED AT 2727 STATE STREET IN LAND USE ^ DISTRICT 1 OF THE VILLAGE REVIEW (V-R) ZONE, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: QUONSET ADDITION CASE NO.: RP 14-15 g WHEREAS, Quonset Development, LLC, "Owner/Developer" has filed a verified 10 application with the City of Carisbad regarding properties described as: 11 Lot 3, in Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1722, filed in the office 12 of the County Recorder of San Diego County, July 28,1921 13 ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Review Permit as shown on Exhibits "A -1," dated November 5,2014, on file in the Planning Division, QUONSET ADDITION -RP 14-15, as provided by Chapter 21.35 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 5,2014, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2g B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES QUONSET ADDITION - RP 14-15 based on the following findings and subject 27 to the following conditions: 28 7 8 9 1 Findings: 2 The Planning Commission finds that the project, as conditioned herein and with the findings 3 contained herein to grant participation in the Parking In-Lieu Fee Program, is in conformance with the Elements of the City's General Plan, Village Review Zone, and the Village Master Plan and 4 Design Manual, based on the facts set forth in the staff report dated November 5,2014, including, but not limited to the following: 5 The proposed project is consistent with the goals and objectives for the Village, as ^ outlined within the General Plan, because it provides for an adaptive reuse of an existing non-confirming automotive repair garage use to a commercial retail project in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation ofthe area, provides a strong street presence with extensive architectural relief, the addition of landscaping, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The projects proximity to existing bus routes and mass transit (Carlsbad Village Station) will help to further the goal of providing new economic development near transportation corridors. Overall, the ll adaptive reuse of the project site will enhance the Village as a place for living, visiting, shopping and working. 12 The project is consistent with the Village Review Zone and Village Master Plan and 13 Design Manual in that the proposed commercial project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the 14 project stimulates property investments and new development in the Village by replacing a non-conforming auto repair garage use with permitted commercial uses and 15 the addition of 720 square feet in an area with dated buildings; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new 1^ employment and shopping opportunities, 3) the building is designed in a manner that compliments the architecture of the existing approved on-site buildings to the north and the Animal Hospital to the south by incorporating many of the same architectural elements found in this part of the Village and draws upon the existing context and character of the proposed project; and 4) improves the physical appearance of the Village by refurbishing existing dated buildings with an attractive eclectic architectural style. 20 c. As discussed in the staff report, the project as designed is consistent with the 21 development standards for Land Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 22 The existing streets can accommodate the estimated 120 ADTs and all required public 23 right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in 24 relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been, or will be constructed to serve the proposed project. Further, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into 2^ and/or are transported within storm drainage facilities. 28 PC RESO NO. 7074 -2- 17 18 1 „ e. The proposed project will not have an adverse impact on any open space within the 2 surrounding area. As noted in the staff report, the project is consistent with the 20% Open Space requirements for new development within the Village Area and the City's 3 Landscape Manual. 4 2. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for ^ participation in the Parking In-Lieu Fee Program is contained in the following findings: 16 17 The adaptive reuse project is consistent with the Carlsbad General Plan because it provides for a commercial retail use in an appropriate location within the Village. The project provides greater employment and shopping opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. 10 b. The project is consistent with Village Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the 11 following actions: 1) the project stimulates property investment and new development (720 square foot addition) in the Village by refurbishing the existing project site to 12 accommodate future retail use(s) within two existing dated buildings, 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing 13 strong retailing serving city residents as well as tourists and regional visitors, 3) the remodel of the existing buildings and new 720 square foot addition is designed in a 14 manner that compliments nearby commercial uses by incorporating many of a same architectural elements found in this part of the Village, 4) the project reinforces the 1^ pedestrian shopping environment, encourages mutually supportive uses and provides a major activity focus for Carisbad Village and the city as a whole, and 5) improves the physical appearance ofthe Village and more specifically Land Use District 1, by replacing the non-conforming auto repair garage use with permitted retail uses within attractively designed eclectic architectural style buildings that are compatible with the style of architecture approved for the two northern buildings and the adjacent property to the south. 19 c. Adequate parking is available within the Village to accommodate the project's parking 20 demands. Based on the most recent parking study dated August 2012, the average occupancy for all public parking lots is 63%. This utilization ratio allows for continued 21 implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council. 22 " 23 24 25 26 d. The In-Lieu Fee Program has not been suspended or terminated by the City Council. California Environmental Quality Act: 3. 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 ofthe state CEQA 2y Guidelines. The project is consistent with the General Plan as well as with the Village Master Plan and Design Manual, the project site is within the City limits, is less than 5 acres in size, and is 2g surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, PC RESO NO. 7074 -3- General 1 „ rare, or threatened species; approval ofthe project will not result in significant effects relating to 2 traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the 3 exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. 4 5 II 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities ^ Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or g concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carisbad Unified School District that the project has satisfied its obligation for school facilities. 11 The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected 12 prior to the issuance of building permit. 13 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. 14 That the project is consistent with the City's Landscape Manual and Water Efficient Landscape IS Ordinance (Carisbad Municipal Code Chapter 18.50). 1^ 6. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 ofthe Carisbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 17 18 19 This project has been conditioned to comply with any requirement approved as part ofthe Local 20 Facilities Management Plan for Zone 1. 21 8. 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 22 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. 23 " 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a 25 grading permit or building permit, whichever occurs first. 26 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein 2g granted; deny or further condition issuance of all future building permits; deny, revoke, or further PC RESO NO. 7074 -4- Conditions: 1 „ condition all certificates of occupancy issued under the authority of approvals herein granted; 2 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 3 by Developer or a successor in interest by the City's approval of this Minor Review Permit. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Review Permit documents, as necessary to make them internally ^ consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 24 25 26 27 28 3. Developer shall comply with ail applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. g 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, 10 this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council 11 determines that the project without the condition complies with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 13 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, 14 from (a) City's approval and issuance ofthis Minor Review Permit (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use 1^ contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives ^.^ until all legal proceedings have been concluded and continues even if the City's approval is not validated. 18 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the Site iq Plan reflecting the conditions approved by the final decision-making body. Please include a signature block for both planning and engineering signatures. 20 Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible 21 version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 22 Prior to the issuance of a building permit, the Developer shall provide proof to the Building 23 Division from the Carisbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. PC RESO NO. 7074 -5- 1,. 11. Building permits will not be issued for this project unless the local agency providing water and 2 sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time ofthe application forthe 3 building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 4 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 5 License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section ^ 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. g 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 10 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, 11 and debris. 12 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, 13 improvement, and grading plans. 14 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 1^ as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Development Department. 16. Priorto the issuance of building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Review Permit by -l^g Resolution No. 7074 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval 20 as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies 21 or terminates said notice upon a showing of good cause by the Developer or successor in interest. 22 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of 23 an Outdoor Storage Plan, and thereafter comply with the approved plan. 24 18. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for two (2) parking spaces. 2^ The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (2 spaces total). 27 28 PC RESO NO. 7074 -6- Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval 3 of this proposed development, must be met prior to approval of a building permit or grading permit whichever comes first. 4 5 6 7 General 19. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approvalfrom, the city engineer for the proposed haul route. Fees/Agreements 21. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 8 20. 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 9 adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 10 11 12 13 22. Prior to approval of any grading or building permits for this project, developer shall cause owner 14 to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carisbad Street Lighting and Landscaping 15 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 engineer. 16 " 17 23. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 18 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 1^ construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the 2^ maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 22 24. Developer shall complete and submit to the city engineer a Project Threat Assessment Form 23 (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 24 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 25 inspection fees per the city's latest fee schedule. 26 25. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate ali source control, site design and Low Impact 27 Design (LID) facilities. 28 PC RESO NO.7074 1 26. Developer shall incorporate measures with this project to comply with Standard Stormwater 2 Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: 3 paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), and 3) designing trash enclosures to avoid contact with storm runoff, all to 4 the satisfaction ofthe city engineer. 5 15 16 17 24 25 26 28 Dedications/Improvements 27. Developer apply for and obtain a right of way permit for the removal of the driveway approach on State Street and the reconstruction of the sidewalk across the project frontage to the satisfaction ofthe city engineer. Utilities 7 8 9 28. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, 10 fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to 11 the satisfaction ofthe district engineer. 12 29. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 13 30. Developer shall install potable water services and meters at locations approved by the district 14 engineer. The locations of said services shall be reflected on public improvement plans. 31. 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. Code Reminders: Ig The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 19 32. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 20 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 21 34. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by 22 Council Policy No. 17. 23 35, Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carisbad Municipal Code Section 21.90.050. 36. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carisbad Municipal Code. 37. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 2y Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise speciflcally provided herein. PC RESO NO. 7074 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 39. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual and shall require review and approval of the City Planner prior to installation of such signs. 40. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be flied with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days ofthe date ofthe 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) forthe appeal. The City Council must make a determination on the appeal priorto 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 flnal 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 flie the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7074 6 7 8 9 13 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, California, held on November 5, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Montgomery, 4 Scully, Segall and Siekmann 5 NOES: ABSENT: ABSTAIN: rUJ ^^^'^^ 10 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 11 12 ATTEST: 14 DON NEU City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7074 -10- EXHIBIT 5 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: Novembers, 2014 Application complete date: August 12, 2014 Project Planner: Greg Fisher Project Engineer: Steve Bobbett SUBJECT: RP 14-15 - QUONSET ADDITION - Request for approval of a Minor Review Permit to allow the adaptive reuse of two existing commercial buildings currently occupied by an auto repair garage and office/retail space and the addition of 720 square feet to the building along State Street to accommodate future permitted retail uses located at 2727 State Street, in Land Use District 1 of the Village Review (V-R) Zone, and in 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. 7074 APPROVING Minor Review Permit RP 14-15, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Proiect Site/Setting The property is addressed as 2727 State Street and is located on the west side of State Street between Beech Avenue and Christiansen Way. The site is bordered by a vacant lot (SDG&E transformer) to the north, animal hospital to the south, Carlsbad Village Station parking lot to the west, and retail uses to the east. The remainder of the block is comprised mostly of retail uses with a very limited number of residential buildings. The project site is located within Land Use District 1 ofthe Village Master Plan and is outside the coastal zone. The subject site measures 84 feet wide by 128 feet deep, totaling 10,752 square feet and is currently improved with an auto repair garage business. The auto repair business has operated at the project site since before the 1980's and is considered a legal non-conforming use as auto repair is no longer an allowed use within Land Use District 1. The existing auto repair garage business is located within four separate buildings, two of which are located along the northern property line while the other two buildings are located along the southern property line. A paved driveway, runs down the middle of the property connecting State Street to the alley way and separates the northern buildings from the southern buildings. Based on the configuration ofthe existing structures in conjunction with the drive aisle that bisects the site, there are no on-site parking spaces. The two north buildings have a separate mailing address of 2725 State Street and are not part of this review permit. Under a separate previous action, the City Planner approved administrative review permit (RP 14-14) that allowed the northern portion ofthe site (two north buildings) to be refurbished in order to accommodate future permitted retail uses. At this time, the two northern buildings remain in their original state of condition and have yet to be refurbished. When completed, these structures will feature building materials and finishes that include multiple windows set into natural wood frames, natural wood siding, Corten steel cladding, and metal roofs. A new wood trellis will be located along State Street and a masonry trash enclosure will be constructed at the rear ofthe site. RP 14-15 - QUONSET ADDITION Novembers, 2014 Page 2 Overall, the applicant/owner proposes an adaptive reuse of the entire property by replacing the non- conforming auto repair use with permitted retail uses allowed within Land Use District 1. Proposed Construction In addition to refurbishing the two existing southern buildings as described below, the proposed project includes a second story addition of 720 square feet to the building along State Street. The addition will create an opportunity for a creative retail use which could be leased as a standalone tenant, or, be included into the retail component in the existing building below. Other improvements include the removal of the existing drive aisle and the installation of a court yard that features drought tolerant landscaping, planters, and a walkable pathway that connects State Street to the alley way. The proposed refurbished two southern buildings takes on an eclectic architectural style that is compatible with the style of architecture previously approved for the two northern buildings and the adjacent property to the south. Primary building materials and finishes consist of heavy timber posts and beams, large operable windows and Corten steel cladding. The natural wood beams and posts, along with the natural finish ofthe Corten steel, are consistent with the architecture approved forthe two northern buildings onsite as well as the standing seam metal roof and stone elements exhibited in the architecture of the adjacent Animal Hospital located to the south. The proposed roof on the new addition, and the existing Quonset building located to the north (not part ofthis permit), are proposing a similar metal roof material and color (i.e., deep red/brown) that is compatible with the neighboring Animal Hospital. The project has been designed specifically for this location in accordance with the Village design guidelines and the eclectic architectural style exhibited in the surrounding neighborhood. It is not a generic copy of other buildings. Surface treatments and deep set openings including decks and balconies at the front, and sides ofthe building serve to provide sufficient articulation at the upper level. The buildings have been designed with simple lines and forms but allows for representation ofthe Village character desired forthe area including the use of steep gable roofs and crisp detailing for railings and balconies. The design of the buildings incorporates design elements into all four facades of each building, thereby creating visual interest in the buildings as viewed both from the street and from the alley facing the train station. Parking For the adaptive reuse project, no additional parking is required when non-residential space is converted from one approved use to another approved use as set forth in the Village Master Plan and Design Manual for properties located outside the Coastal Zone. Furthermore, because the existing site has no on-site parking, then the existing available parking (zero spaces) shall satisfy the total parking requirements for the new use(s). However, the parking requirement for the new 720 square foot second story addition is two spaces (1 space/300 sf retail). Since no parking can feasibly be accommodated on-site due to the existing site configuration and without adversely impacting the project design by diminishing the usability of outdoor spaces and reduction in landscape areas, the applicant is proposing to fulfill its parking requirement of two spaces off-site through participation in the Parking In-Lieu Fee Program. For the purposes of determining participation in the program, the Village has been divided into two parking zones - Zone 1 and Zone 2. The subject property is located within Zone 1. In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an In-Lieu Fee payment for up to one hundred percent (100%) of the on-site parking requirement for proposed new development. The applicant is requesting participation in the Program for two (2) parking spaces for the required parking for RP 14-15 - QUONSET ADDITION Novembers, 2014 Page 3 the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the Parking In-Lieu Fee prior to the issuance of building permits for the project. The current fee is $11,978 per required parking space to be provided off-site. Based on the findings and justifications listed in the attached resolution, it is staffs position that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for the (2) parking spaces. If the Planning Commission grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Review Master Plan. Table "A" below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site V V-R Auto repair garage North V V-R Vacant/SDG&E transformer South V V-R Animal hospital East V V-R Retail uses West V V-R Public parking lot (lot J) The proposed project is located in the Village (V) Review zone and accordingly requires the approval of a Minor (Village) Review Permit by the Planning Commission. There are no unresolved issues and staff's recommendation of approval with conditions is supported by the following analysis. III. ANALYSIS The proposed project is subject to the following ordinances, standards and policies: A. Village (V) General Plan Land Use designation; B. Village Review (V-R) Zone (CMC Chapter 21.35), Land Use District 1 (Carisbad Village Center/Village Master Plan and Design Manual); and C. Growth Management Ordinance (CMC Chapter 21.90) and Zone 1 Local Facilities Management Plan. The recommendation for approval ofthis project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each ofthe above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use Designation The General Plan Land Use designation for the subject site is Village (V). The Carlsbad General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. 7^ RP 14-15 - QUONSET ADDITION Novembers, 2014 Page 4 The proposed project is consistent with the goals for the Village, as outlined within the General Plan, because it provides the opportunity for commercial retail uses in an appropriate location (Carisbad Village Center Land Use District 1) within the Village. This in turn serves to enhance the area as a strong retailing and financial services core serving city residents as well as tourists and regional visitors. The project reinforces the pedestrian-orientation and shopping environment desired for the downtown area and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for the area. The projects proximity to existing bus routes and mass transit (Carlsbad Village Station) will help to further the goal of providing new economic development/redevelopment near transportation corridors. Furthermore, the project will provide a strong street presence with architectural relief, and the addition of drought tolerant landscaping and planters. Overall, the adaptive reuse of the project site will enhance the Village as a place for living, visiting, shopping and working. B. Village Review Zone (CMC Chapter 21.35), District 1 (Village Master Plan and Design Manual) The subject property is located within Land Use District 1, Carlsbad Village Center, ofthe Village Master Plan. In District 1 ofthe Village Review zone, retail is an allowed use. The proposed project meets or exceeds the development standards ofthe Village Review Zone and District 1. The specific development standards for new development within Land Use District 1 and the project's compliance with these standards are shown in Table "B" below: TABLE B - VILLAGE REVIEW - DISTRICT 1 DEVELOPMENT STANDARDS SUMMARY STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 0-10 feet 2 feet 10/2 inches Side Yard Setback 0 feet - No minimum or maximum required Ofeet Rear Yard Setback 0 feet - No minimum or maximum required 13 feet Max Building Height 45 feet w/5:12 roof pitch 33.6 feet w/5:12 roof pitch Lot Coverage 100% 65% Parking 1 space per 300 sq. ft. of net floor space 0 spaces on-site (720 sq. ft. of net floor space) or 2 spaces 2 in-lieu fee payments required Open Space 20% 35% (includes court yard walkable area, landscaping and planters) C. 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 C below. IS RP 14-15 - QUONSET ADDITION Novembers, 2014 Page 5 TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPUANCE City Administration N/A N/A Library N/A N/A Waste Water Treatment 1.90 EDU Yes Parks N/A N/A Drainage ICFS Yes Circulation 120 ADT Yes Fire Station No. 1 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 1.90 EDU Yes Water 770 GPD Yes IV. ENVIRONMENTAL REVIEW The project qualifles as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the General Plan as well as with the Village Master Plan and Design Manual, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval 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 ofthe State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7074 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A" - "I" dated November 5, 2014 EXHIBIT 6 Planning Commission Minutes November 5,2014 Page 2 Mr. Neu introduced Agenda Item 1 and stated Assistant Planner Greg Fisher would make the staff presentation. 1. RP 14-15 - QUONSET ADDITION - Request for approval of a Minor Review Permit to allow the adaptive reuse of two existing commercial buildings currently occupied by an auto repair garage and office/retail space and the addition of 720 square feet to the building along State Street to accommodate future permitted retail uses located at 2727 State Street, in Land Use District 1 of the Village Review (V-R) Zone, and in Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Fisher gave a brief presentation and stated he would be available to answer any questions. Commissioner Siekmann asked if there will be fencing at the back ofthe property along the alley. Mr Fisher stated yes there will be fencing. Commissioner L'Heureux asked if the courtyard will be open to the public. Mr. Fisher stated the use will be open to the public. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Brett Farrow, architect and owner of the project, clarified that the courtyard will be closed at night but accessible to the public during the day. He stated he would be available to answer any questions. Commissioner Siekmann asked what materials the fence would be constructed of Mr. Farrow stated the fence would be constructed of wood and metal and will run along the alley at the back of the property. Commissioner L'Heureux asked about the type of uses proposed for this site. Mr. Farrow commented that while there are no tenants signed at this time, he has had interest from an art gallery, a stationary store, brewery tasting rooms, and furnishing stores. Chairperson Black asked if there were any questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on Agenda Item 1. Chairperson Black opened public testimony. Lucinda Vigne, 3087 State Street, Carlsbad, asked about the second story and if the applicant owned the adjacent property. She also asked about the design ofthe adjacent building. Mr. Farrow stated the upper level is intended to be an extension ofthe lower level retail use. Both buildings depicted in the project renderings are under single ownership. The building adjacent to this project is depicted in the renderings is a single story with loft space. Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked staff to respond to the issues raised during public testimony. Mr. Fisher clarified that the adjacent building has been previously approved with the depicted style and architecture. Commissioner L'Heureux asked if there any remediation requirements for the site because of the former use. Mr. Fisher stated all applicants or owners are required to fill out and submit a hazardous waste and substance statement, and it is the applicant's responsibility to research to see if the project has been included on any of the various websites. This project's applicant declared the site to be free of hazardous materials. The site's previous owner had a site analysis completed and that analysis indicated no remedial work is necessary. Commissioner L'Heureux asked if there is a requirement that the site analysis be filed with the city. Commissioner L'Heureux commented that he is concerned with this project because of its former use as an auto repair shop. Mr. Neu stated staff can request a copy of the report and ensure no remedial work is necessary. Commissioner L'Heureux commented that it would be a good step for the city. Commissioner L'Heureux further asked about the parking for the project as the potential uses will be more intensive than what is currently there. Mr. Fisher stated that it has been almost a year since the changes were made to the Village Master Plan. Those changes included exempting projects which convert uses ^1 Planning Commission Minutes November 5,2014 Page 3 from having to provide onsite parking if it cannot be accommodated onsite. This project is also in an area that participates in the Parking In-Lieu program. Commissioner Segall stated this project is required to purchase 2 parking spaces in-lieu. Mr. Fisher stated that was correct because of the additional square footage being added to the building. Commissioner Segall commented that the purpose of the program is to allow developers and applicants to build projects, and asked what the strategy is for constructing a site for parking. Mr. Fisher commented that while projects have been approved using the parking in-lieu parking; however in 4 years only one agreement has been processed. Mr. Fisher further commented that through the currently on-going Village and Barrio Master Plan Update, issues related to parking in the Village should be addressed and recommendations provided for potential changes. DISCUSSION Commissioner Segall stated he supports the project but is concerned with the parking. He commented that the concept of encouraging "adaptive reuse" is a positive one for the Village. Commissioner Montgomery commented he likes the eclectic nature of the design of the project. He feels that the projects should continue to be approved even with the parking issues in the village. Commissioner Montgomery suggested a minute motion be fonwarded to the Council regarding a parking structure or parking areas be strongly included and accelerated within the general plan update. Jane Mobaldi, Assistant City Attorney, commented that at the last Planning Commission workshop, City Council strongly suggested that minute motions not be pursued. Instead the Commissioners should use their comment periods to stress their concerns as the Council members will read the minutes. Commissioner Siekmann stated her concurrence with Commissioner Montgomery. She further pointed out that the update to the city's General Plan is urging pedestrian friendly areas and uses in the Village. She stated she can support the project. Commissioner Anderson commented that she likes the courtyard; however, she is concerned with the parking. She stated she can approve the project. Commissioner L'Heureux commented that the architecture is good yet different. He commented that the courtyard could be a good area for those commuters of the coaster. Commissioner L'Heureux stated he can support the project. Commissioner Scully commented that the buildings are interesting and will be a good fit in the Village. She stated she would like to see the businesses stay open later than 5:00 p.m. She also stated her agreement with her fellow Commissioners regarding the parking issues. Chairperson Black stated he likes the influence towards pedestrian traffic as opposed to automotive traffic. MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner Anderson that the Planning Commission adopt Planning Commission Resolution No. 7074 approving Minor Review Permit RP 14-15, based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 2.