Loading...
HomeMy WebLinkAbout2016-02-09; City Council; 22205; Parking In-Lieu Fee Program Participation Agreement Between the City and Patrick Smith, LLC for the Grand Madison located at 725 Grand AvenueCITY OF CARLSBAD AGENDA BILL AB# 22,205 ADOPT RESOLUTION APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY AND PATRICK SMITH, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS THE GRAND MADISON (CT 15-04/RP 15-06) LOCATED AT 725 GRAND AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER MTG. 02/09/2016 DEPT. CED RECOMMENDED ACTION: Adopt City Council Resolution No. 2016-023 , approving a parking in-lieu fee program participation agreement between the City and Patrick Smith, LLC, property owner, for the project known as The Grand Madison located at 725 Grand Avenue 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 CT 15-04/RP 15-06 (Parking In-Lieu Fee Program Participation Agreement ONLY) x A = Approved x = Final City decision-making authority V = requires Coastal Commission approval On November 17, 2015, the City Council approved (4-0, Council member Packard abstaining) Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 to allow for the construction of a 21,158 square foot, four- story mixed use building and the participation in the Parking In-Lieu Fee Program for 23 parking spaces, which satisfies a portion of the required parking for the project located at 725 Grand Avenue in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. Public comment was received from Gary Nessinn regarding the depth of the proposed retail space. Although the project (CT 15-04/RP 15-06) received final approval at City Council, in accordance with the Village Master Plan, the City Council must approve the Village Parking In-Lieu Fee Program Participation Agreement between the City and Patrick Smith, LLC, property owner of the project known as The Grand Madison. The Parking In-Lieu Fee Program Participation agreement will allow the property owner to pay the established parking in-lieu fee fora total of 23 parking spaces to satisfy a portion of the project's on-site parking requirement. The current parking in-lieu fee is $11,240 per parking space. The approving resolution along with the City Council Agenda Bill and minutes of the November 17, 2015 City Council hearing are attached for the Council's review. In addition, the applicable resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property owner to participate in the Parking In-Lieu Fee Program for 23 parking spaces, are attached for the Council's review and approval. DEPARTMENT CONTACT: Shannon Werneke 760-602-4621 shannon.werneke@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC 0 CONTINUED TO DATE UNKNOWN 0 RETURNED TO STAFF 0 OTHER — SEE MINUTES 0 The Grand Madison Page 2 of 2 FISCAL IMPACT: As a result of the payment of the parking in-lieu fee for 23 parking spaces, a total of $258,520 will be deposited into the city's Parking In-Lieu Special Revenue Fund. ENVIRONMENTAL IMPACT: The City Planner has determined that the Grand Madison 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: 1. City Council Resolution No. 2016-023 (CT 15-04/RP 15-06 Parking In-Lieu Fee Program Participation Agreement ONLY) 2. Parking In-Lieu Fee Program Participation Agreement 3. Location Map 4. City Council Agenda Bill, including City Council Resolution No. 2015-281, dated November 17, 2015 5. City Council Minutes, dated November 17, 2015 -E& 61+ RESOLUTION NO. 2016-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY AND PATRICK SMITH, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS THE GRAND MADISON LOCATED AT 725 GRAND AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04/RP 15-06 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, as a condition of approval of Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06, the Property Owner is required to enter into an agreement with the City to allow the Property Owner to participate in the Village Parking In-Lieu Fee Program to satisfy a portion of 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 23 commercial parking spaces to satisfy a portion of the on-site parking requirements for the mixed use project located at 725 Grand Avenue within Land Use District 1 of the 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 a portion of the required parking for the subject project located at 725 Grand Avenue; and WHEREAS, the City Council on November 17, 2015 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 available within the Village Area to accommodate the subject project's parking demands and that the average utilization rate for all public parking lots according to the most recent parking study (September, 2014) is 70%, which is below the full utilization rate of 85%; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the foregoing recitations are true and correct. 2. That the City Council hereby approves the Village Parking In-Lieu Fee Participation Agreement between the City and Patrick Smith, LLC, property owner of the project known as The Grand Madison which is located at 725 Grand Avenue, in Land Use District 1 of the Village Review Zone of the City of Carlsbad. 3. That the Mayor of the City of Carlsbad 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. /11 /// /// /// /// /// /// /// /// /// III /// /// III 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of February 2016, by the following vote to wit: 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Wood, Schumacher, Blackburn. NOES: None. ABSTAIN: Council Member Packard ABSENT: Mayor Matt Hall LORRAINE WOOD, Mayor Pro Tern AITEST: (SEAL) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) Space above this line for Recorder's use Assessor's Parcel Number 203-303-21-00 Project Number and Name CT 15-04/RP 15-06 The Grand Madison CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this day of , 2016, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and the Patrick Smith, LLC, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 725 Grand Avenue (APN: 203-303-21-00) in the City of Carlsbad, 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 Tentative Tract Map (CT 15-04) and Major Review Permit (RP 15-06), which provides conditional approval for the construction of a 21,158 square foot, four-story mixed-use building and participation in the Parking In-Lieu Fee Program for 23 parking spaces to satisfy a portion of the on-site parking requirements ("Project"). B. Condition No. 25 of Planning Commission Resolution No. 7125 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Tentative Tract Map No. 15-04 and Major Review Permit No. 15-06 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of 23 parking spaces. The Program Participant shall pay the approved Parking In- Lieu Fee (per parking space) in effect following approval of Tentative Tract Map No. 15-04 and Major Review Permit No. 15-06 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: 1 CA 11/5/2014 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04/RP 15-06 -THE GRAND MADISON 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 23 on-site parking spaces for the Project covered by Tentative Tract Map No. 15-04 and Major Review Permit No. 15-06 by reason of City Council approval of Tentative Tract Map 15-04 and Major Review Permit 15-06, including Condition No. 25 listed in Planning Commission Resolution No. 7125. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of 23 parking spaces as established by the City Council, and, as required by Condition No. 25 of Planning Commission Resolution No. 7125. 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 Carlsbad, 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 Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Council has approved Tentative Tract Map No. 15-04 and Major Review Permit No. 15-06 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of 23 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 Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 25 of Planning Commission Resolution No. 7125. 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 Carlsbad 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: 2 CA 11/5/2014 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04/RP 15-06 -THE GRAND MADISON TO THE CITY: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Patrick Smith, LLC 2609 Ocean Street Carlsbad, CA 92008 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 23 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. 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. 3 CA 11/5/2014 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04/RP 15-06 -THE GRAND MADISON IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT CITY OF CARLSBAD, a municipal corporation of the State of California OWNER: Patrick Smith, LLC, a California Limited Liability Company By: BY: (sign here) Patrick W. McGuire (print name here) Signature Manager, Patrick Smith, LLC (title and organization of signatory) Olt 6 Date Dated: Attest: B-drb-ara Engleso.n, Cy Clerk Dated: (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: Assistant City Attorn y 4 CA 11/5/2014 LETICIA TREVINO REYES COMM. #1994847 Notary Public • California ,3 San Diego County " Fi4v Comm. Expires Oct. 21, 2016 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .,--- ."-• /-`../7•• ••-• ••-••/-. 4.7 .`•/-"`•,-.•47.`• •••7`, ••'- /-`01-"••••-,,, •-•"7-•/-"•/-,-•-• %-`4•76, •••-`,-"•• 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 document. State of California County of .cc In D;..e..5.;_), ) On Febrtiqry ./,., 1:::)/ La_ before me, j....Q.A-ic i' a. -Trui;;Z3D ,e%, A kyl-t1.-y R. b Date Here Insert Name and Title of the Officer personally appeared t-taii- flog Namef,syof Signe,r(sy who proved to me on the basis of satisfactory evidence to be the person,(4 whose names )- isLar-c subscribed to the within instrument and acknowledged to me that he/shoithey. executed the same in his/her/their authorized capacityfies); and that by hisaleatl:g4signaturelsron the instrument the person*); or the entity upon behalf of which the personfg acted, executed the instrument. I 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 P--CA1/0 Signature of Notaty Public Place Notary Seal Above OPTIONAL Though - -ction is optional, completing this information can deter alteration of the document or ulent reattachment of this form to an unintended document. Description of Attached Docu t Title or Type of Document: Number of Pages: Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — El Limited 0 General 0 Individual 0 Attorney in F 0 Trustee 0 Guardi r Conservator 0 Other: Signer Is Representing: • \ _••••_••\ !••••_•• •N _••\ • •••-• -•• 02014 National Notary Association • wwvv.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) - Item #5907 Document Date: Named Above: Corporate • cer — Title(s): Partner — d 0 General 0 Individual 0 At ey in Fact D Trustee 0 Guardia r Conservator D Other: Signer Is Representing: Si s me: APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04/RP 15-06 -THE GRAND MADISON EXHIBIT A Address: 725 Grand Avenue Assessor Parcel No.: 203-303-21-00 LEGAL DESCRIPTION OF PROPERTY Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888. 5 CA 11/5/2014 NOT TO SCALE SITE MAP The Grand Madison CT15-04/RP15-06 3 CITY OF CARLSBAD AGENDA BILL APPROVAL OF TENTATIVE TRACT MAP CT 15-04 AND MAJOR REVIEW PERMIT RP 15-06 — THE GRAND MADISON, TO ALLOW FOR THE CONSTRUCTION OF A 21,158 SQUARE FOOT, FOUR-STORY MIXED USE BUILDING AND THE PURCHASE OF 23 IN-LIEU PARKING FEES ON THE SOUTHEAST CORNER OF GRAND AVENUE AND MADISON STREET 12 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER k b RECOMMENDED ACTION; Adopt City Council Resolution No. 2015-281 ,approving Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 to allow for the construction of a 21,158 square foot, four-story mixed use building and the purchase of 23 in-lieu parking fees on a 0.32-acre site on the southeast corner of Grand Avenue and Madison Street in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1 as recommended by the Planning Commission, ITEM EXPLANATION: Project Planning Commission City Council CT 15-04 RA X RP 15-06 RA X RA .= Recommended approval X = Final city decision-making authority On October 7, 2015, the Planning Commission recommended approval (3-1, Chleureux opposed; Siekmann, Segall absent) of Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 to allow for 1) the demolition of a medical office building; 2) the construction of a 21,158 square foot, four-story, 45-foot-tall, mixed-use building consisting of 4,600 square feet of ground floor retail/commercial area, 8 office condominium units on the 2nd and 3rd floors, 4 residential condominium units of the 4th floor, and an enclosed at-grade parking garage and 3) the purchase of 23 in-lieu parking fees. The 0.32-acre project site is located on the southeast corner of Grand Avenue and Madison Street and is addressed as 725 Grand Avenue. Discussion at the Planning Commission primarily focused on the contemporary architectural design, the adequacy of the depth of the ground floor retail space (ranging from 37-50 feet deep), as well as parking. The applicant proposed to address the parking requirements through a combination of car lifts for the residential units (4), an above-grade parking garage, and the purchase of 19 in-lieu parking fees. The Planning Commission had concerns regarding the practicality of the parking lifts for the residential units and questioned why an underground parking garage was not incorporated into the project design. Commissioner L'Heureux expressed concern regarding the appropriateness of the contemporary architecture on a prominent corner in the Village since the design lends itself to a typical corporate office. The Planning Commission also expressed concern regarding the adequacy of parking in the Village and questioned whether the current cost to purchase an in-lieu parking fee, $11,240, was too low since it discourages the incorporation of underground parking structures as part of the project design (i.e., cheaper to purchase in-lieu parking fees than it is to build a parking structure). The project architect, Mr. Ed McArdle, indicated that the construction of an underground parking structure was explored and was ultimately determined to be cost prohibitive. Further, he indicated that if the proposed podium DEPARTMENT CONTACT: Shannon Werneke, 760-602-4621, shannon.werneke@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC 0 CONTINUED TO DATE UNKNOWN 0 RETURNED TO STAFF 0 OTHER — SEE MINUTES 0 The Grand Madison Page 2 of 2 parking were to be eliminated from the project design and an underground parking structure was proposed instead, fewer parking stalls could be accommodated due to the requirement for a ramp to access the stalls. Mr. McArdle indicated that the retail space, as currently proposed, could accommodate a use with food service and that parking lifts have been utilized throughout the country. The applicant was not supportive of increasing the retail depth as it would require the elimination of additional at-grade podium parking stalls and the purchase of additional in-lieu parking fees. Two people spoke in opposition of the project. Mr. Gary Nessim expressed concern regarding the proposed retail depth (37-50 feet) as he felt it was too shallow; in his opinion, it could not support a viable restaurant or retail tenant. Mr. Nessim suggested the elimination of nine (9) at-grade parking stalls to increase the retail depth. Mr. Nessim also felt that the in-lieu parking fees collected should be utilized for the construction of a parking structure in the Village. Mr. Robert Wilkinson indicated that he did not support the project due to the architectural design and lack of an active retail storefront. Ms. Amy McNamara, a broker with Colliers International, indicated that the retail depth was adequate since there is a demand in the Village for retail and office space. Ms. McNamara did not feel that the retail depth was an issue since the tenants she works with desire visibility and frontage over the depth of retail space. The Planning Commission ultimately voted 3-1 (L'Heureux opposed; Siekmann, Segall absent) to approve the project with the condition to remove the parking lifts from the project design and require the applicant to purchase four (4) additional in-lieu parking fees (i.e., increase the in-lieu parking fees from 19 to 23) and to add a condition to require a sign, if warranted by Traffic Engineering, which addresses the potential vehicular and pedestrian safety issues associated with cars backing out of the parking garage into the alley. Commissioner L'Heureux indicated that he could not support the project given his concerns with respect to parking in the Village, as well as the radical departure of the architectural design and the potential for it to set a negative precedent in the Village. The revised resolution, along with the Planning Commission staff report and the draft minutes of the October 7, 2015 Planning Commission meeting are attached for the Council's review. 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 of the 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. 2015-281 (CT 15-04/RP 15-06) 2. Location Map 3. Planning Commission Resolution No. 7125 4, Planning Commission Staff Report dated October 7, 2015 5. Planning Commission Minutes dated October 7, 2015 RESOLUTION NO. 2015-281 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENATIVE TRACT MAP CT 15-04 AND MAJOR REVIEW PERMIT RP 15-06 TO ALLOW FOR THE CONSTRUCTION OF A 21,158 SQUARE FOOT, FOUR-STORY MIXED USE BUILDING AND THE PURCHASE OF 23 IN-LIEU PARKING FEES ON A 032-ACRE SITE ON THE SOUTHEAST CORNER OF GRAND AVENUE AND IVIADISION STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04 RP 15-06 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on October 7, 2015, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 and adopted Planning Commission Resolution No. 7125, recommending approval of Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant o 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 adequate facilities. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct, 4 5 2. That Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 is approved and that the findings and conditions of the Planning Commission contained in Resolution No, 7125 on file in the City Clerk's office and incorporated herein by reference are the findings and conditions of the City Council. 3. That this action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. /// /// -2- 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of November 2015, by the following vote to wit: AYES: Council Members Hall, Blackburn, Wood, Schumacher 7N1 I(4 MATT HALL, Mayor ATTEST: BARBARA ENGLESON, C Clerk 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 8 NOES: None. ABSENT: None. ABSTAIN: Council Member Packard. NOT TO SCALE The Grand Madison C1-15-04/RP15-06 26 27 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7 4 2 3 PLANNING COMMISSION RESOLUTION NO. 7125 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND A MAJOR REVIEW PERMIT TO ALLOW FOR 1) THE DEMOLITION OF A MEDICAL OFFICE BUILDING; 2) THE CONSTRUCTION OF A 21,158 SQUARE FOOT, FOUR-STORY MIXED-USE BUILDING ,CONSISTING OF 4,600 SQUARE FEET OF GROUND FLOOR RETAIL/COMMERCIAL AREA, 8 OFFICE CONDOMINIUM UNITS, 4 RESIDENTIAL CONDOMINIUM UNITS; AND AN ENCLOSED AT-GRADE PARKING GARAGE; AND 8) THE PURCHASE OF 23 IN-LIEU PARKING FEES. THE 0.32-ACRE PROJECT SITE IS ADDRESSED AS 725 GRAND AVENUE, AND LOCATED WITHIN LAND USE DISTRICT 1, CARLSBAD VILLAGE CENTER, OF THE VILLAGE REVIEW (VR) ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) CLASS 32 CATEGORICAL EXEMPTION. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04/RP 15-06 WHEREAS, Patrick Smith, LLC, "Developer/Owner" has filed a verified application with the City of Carlsbad regarding properties described as: Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and a Major Review Permit as shown on Exhibits "A R" dated October 7, 2015, on file in the Planning Division, CT 15-04/RP 15-06 — THE GRAND MADISON, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 7, 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 of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of CT 15-04/RP 15-06 — THE GRAND MADISON based on the following findings and subject to the following conditions: Findings Tentative Tract Map, CT 15-04 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the 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 tentative tract map is consistent with the General Plan and satisfies all minimum requirements of the Village Master Plan and Titles 20 and 21, with respect to public facilities, access and parking as discussed in the project staff report. That the proposed project is compatible with the surrounding future land uses since the surrounding properties are developed, are currently designated as Village (V) in the General Plan and are located in Land Use Districts 1 or 2, Carlsbad Village Center and Office Support Area, respectively, of the Village Master Plan. The subject property is bordered to the north by Grand Avenue, a private parking lot and the Grand Avenue Bar and Grill; to the south by a parking lot and the Blue Ocean restaurant; to the east by the Madison Street Alley and a professional office building; and to the west by Madison Street and Chase bank. Pursuant to the Land Use District 1 of the Village Master Plan, the intent is to reinforce the pedestrian shopping environment, encourage mutually supportive uses and provide activity focus for Carlsbad Village and the City as a whale. 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 at a density range of 28 to 35 dwelling units per acre. For mixed use projects such as the proposed project, the minimum allowable density is calculated based on 50% of the developable area. Therefore, based on an overall project area gross/net acreage of 0.321 acres, the minimum density shall be calculated based on 0.16 acres (0.321 x 0.50 = 0.16). The resulting minimum density for the proposed mixed use project is 25 dwelling units per acre; the resulting minimum unit yield is 4.48 dwelling units. Pursuant to Table A of CMC Section 21.53.120, a unit yield which results in a fractional unit below 0.5 may be rounded dawn. Further, although the project's proposed density of 25 dwelling units per acre falls below the minimum density of the 28 dwelling units per acre, pursuant to CMC Section 21.53.230, unit yields rounded down that result in a density which is below the minimum density shall be found consistent with the General Plan. Thus, the proposal for four (4) residential condominiums is consistent with the base minimum density and yield. The ground floor commercial retail unit and the eight (8) office condominiums are a not counted towards overall project density. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. PC REM NO. 7125 -2- 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 residential units have a north, south, east and 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 public service needs of the City and available fiscal and environmental resources in that the proposal to construct four (4) residential condominium units has been accordingly- conditioned to pay the applicable housing in-lieu fee for four (4) units prior to final parcel map approval. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the project site has been previously developed and, therefore, does not impact any fish, wildlife or habitat. 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 generated by the proposed use, in that the existing streets can accommodate the estimated increase of 232 ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. In addition, the proposed project would not result in any significant capacity-related impacts to any road segments or intersections. Major Review Permit, RP 15-06 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, and the development standards of the village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated October 7, 2015, including, but not limited to the following: a. Land Use. The proposed project, which includes demolition of an existing dental office building and the construction of a 21,158 square foot four-story mixed-use building consisting of 4,600 square feet of ground floor retail/commercial area, 8 office condominium units, 4 residential condominium units, and an enclosed at-grade parking garage, will enhance the vitality of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing mutually supportive uses in the form of residential, office and commercial retail uses; reinforcing the pedestrian-orientation that is desired for the downtown area by placing new residents and employees in close proximity to services and the opportunity to walk to local shopping, dining, recreation, and mass transit functions; the project's close proximity to existing bus PC RESO NO. 7125 -3- routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, will contribute to the revitalization of the Village area in the form of a new building at the southeast corner of Grand Avenue and Madison Street which not only provides a strong street presence, extensive architectural relief, landscape planters, a seating area on the corner and visually subordinate parking, but also new commercial lease space, new employment opportunities and new consumers for the Village. b. Housing. The proposed project is consistent with the Housing Element of the General Plan and the City's Inclusionary Housing Ordinance, in that the project has been accordingly-conditioned to require the payment of the applicable housing in-lieu fee for four (4) units prior to recordation of the final map. c. Circulation. The existing streets can accommodate the estimated 232 ADTs (net increase) and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been, or will be constructed to serve the proposed project. Further, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. d. Public Safety. The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CRC) and State building requirements. Additionally, the proposed project design is consistent with all of the applicable fire safety requirements; and the entire building is designed to be sprinkled in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. e. Noise. The project site is located approximately 'A mile east of the train station. While it is anticipated that standard construction practices prescribed by the California Energy Code Title 24 standards would meet the interior noise standards of 45 dBA CNEL for residential land uses and 55 dBA CNEL for the professional office and retail land uses, the project has been accordingly-conditioned to require confirmation from a registered noise consultant that the construction materials adequately attenuate the noise per the requirements of the Noise Guidelines Manual. Land Use District 1 Standards. The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. 12. 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: PC RHO NO. 7125 The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; attracting additional tourist-serving uses; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by redeveloping an underutilized site along Grand Avenue and Madison Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area; 9 b. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use 10 development not only provides mutually supportive uses in the form of residential, timeshare and commercial uses along State Street, but reinforces the pedestrian- 11 orientation desired for the downtown area by providing new residents and timeshare occupants an opportunity to walk to local shopping, dining, recreation, and mass 12 transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential 13 development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building at the southeast corner 14 of Grand Avenue and Madison Street; new commercial lease space, new employment 15 opportunities and new consumers; c. Adequate parking is available within the Village to accommodate the project's parking 16 demands. Based on the most recent parking study dated September, 2014, the 17 average occupancy for all public parking lots is 70%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than 18 the 85% threshold for maximum utilization set by the City Council; and 19 d. The In-Lieu Fee Program has not been suspended or terminated by the City Council. 20 City Council Policy No. 43, Allocation for Excess Dwelling Units 21 13. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the 22 adjacent mix of residential and commercial land uses and anticipated uses in that Land Use District 1 of the Village Master Plan is intended to provide for a gradual transition to a mix of 23 higher quality commercial and residential uses which will provide positive support for the 24 core of the Village. 25 14. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that Village (V) General Plan Land 26 Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. For mixed use projects such as the proposed project, the minimum allowable 27 density is calculated based on 50% of the developable area. Therefore, based on an overall project area gross/net acreage of 0.321 acres, the minimum density shall be calculated based 28 PC RES° NO. 7125 -S- 2 3 4 5 6 7 1 on 0.16 acres (0.321 x 0.50 = 0.16). The resulting minimum density for the proposed mixed use project is 25 dwelling units per acre; the resulting minimum unit yield is 4.48 dwelling units. Pursuant to Table A of UK Section 21.53.120, a unit yield which results in a fractional unit below 0.5 may be rounded dawn. Further, although the project's proposed density of 25 dwelling units per acre falls below the minimum density of the 28 dwelling units per acre, pursuant to CIVIC Section 21.53.230, unit yields rounded down that result in a density which is below the minimum density shall be found consistent with the General Plan. Thus, the proposal for four (4) residential condominiums is consistent with the base minimum density and yield. The ground floor commercial retail unit and the eight (8) office condominiums are not counted towards overall project density. 15. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to remove four (4) units. Per the city's Quadrant Dwelling Unit Report (dated July, 2015), 2,084 units remain available for allocation in the northwest quadrant. 9 California Environmental Quality Act: 10 16. The City Planner has determined that the project belongs to a class of projects that the State 11 Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental 12 documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in 13 Section 15300.2 of the State CEQA Guidelines do not apply to this project. 14 General 15 17, 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 16 includes elements or has been conditioned to construct or provide funding to ensure that all 17 facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government 18 administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 19 a. The project has been conditioned to provide proof from the Carlsbad Unified School 20 District that the project has satisfied its obligation for school facilities. 21 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 22 c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code 23 Section 21.90.050 and will be collected prior to issuance of building permit. 24 18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape 25 Ordinance (Carlsbad Municipal Code Chapter 18.50), 26 19. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to 27 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. 28 PC RESO NO. 7125 -6- 4 5 7 Conditions: 2 5 7 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the final map, demolition permit, grading permit or building permit whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein 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. 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Major Review Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this apprpval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map and Major Review Permit (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields Or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not 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. 26 27 28 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities, PC RESO NO. 7125 -7- 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. 9. 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. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 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 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. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14. The irrigation systems shall be designed for the use of recycled water unless an exemption is granted by the City of Carlsbad Utility Division. 15. A separate water service for landscaping including but not limited to connections, water meters, and backflow preventers shall be provided. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department, 17. 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 filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Major Review Permit by Resolution No. 7125 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions PC RESO NO. 7125 -8- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to ismance of a building permit, the Developer shall provide 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 following provisions: a. General Enforcement by 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 within 30 days for the official record. 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 Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the 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 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, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection agairist the Owners in the Project 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 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 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 limitirig 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 PC RESO NO. 7125 -9- 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article , of this Declaration. Landscape Maintenance Responsibilities. The 1-10As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 19. This project is being approved as a condominium permit for residential, office, and commercial retail ownership purposes. If any of the residential 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. 20. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad Environmental Impacts on file in the Planning Division). 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 an Outdoor Storage Plan, and thereafter comply with the approved plan. 22. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 23. Developer shall construct, install, and stripe not less than 24 parking spaces, including one (1) accessible parking space, as shown on Exhibits "A— R". 24. Prior to the approval of a final map, the Developer shall pay to the City an inclusionan/ housing in lieu fee as an individual fee on a per market rate dwelling unit basis (i.e., total of 4 units) in the amount in effect at the time, as established by City Council Resolution from time to time. 25. 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 23 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (23 spaces total). 26. Prior to issuance of building permits, an acoustical analysis shall be completed by a registered acoustician which confirms that the project complies with interior noise standards of 45 dBA CNEL for residential land uses and 55 OA CNEL for the professional office and retail land uses. • PC RESO NO. 7125 -10- 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27, Prior to the issuance of building permits, the applicant shall submit a lighting plan for review and approval by the City Planner that includes: a. Lighting at the first floor of the building exterior along the street frontage; b. Exterior tree lighting; and c. Lighting consistent with the rendering presented for the project 28. Prior to issuance of the building permit, the Traffic Engineer and City Planner shall determine if the placement of safety signage at the northeast corner of the building is warranted to alert pedestrians and vehicles regarding vehicles back-out of the parking stalls located within the building and adjacent to the Madison Street alley and Grand Avenue. If it is determined that signage is warranted, the building plans shall incorporate the appropriate signage, to the satisfaction of the Traffic Engineer and City Planner. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, grading permit or building permit whichever occurs first. General 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 30. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 31. Developer shall subrnit to the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement Of shared private improvements within this subdivision, including but not limited to private utilities, street trees, sidewalks, landscaping, water quality treatment measures, low impact development features and Storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 32. 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. Developer shall pay the city standard map review plan check fees. Fees/Agreements 33. 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. 34, Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. PC RES° NO. 7125 41- 6 7 35. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. Prior to approval of any grading or building permits for this project, developer shall cause 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 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 engineer. 37. Developer shall cause property owner to execute and submit to the city engineer fo recordation the city's standard form Street Tree Maintenance Agreement. Grading 38. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 39. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 41. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 42. 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 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 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, 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. PC RESO NO, 7125 -12- 6 7 43, 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 and Low Impact Design (LID) facilities. Dedications/improvements 44. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 45. Developer 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 standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb, gutter, sidewalk, pedestrian ramp and driveway approach. B, Alley improvements. C. Sewer lateral, water service and water meter. Developer shall pay the standard improvement plan check and inspection fees. Improvements 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. 46. All new, or upgraded dry utility appurtenances including, but not limited to electrical transformers shall be located outside of the public right of way. 47. 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 standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb, gutter, sidewalk, pedestrian ramp and driveway approach. B. Alley improvements, C. Sewer lateral, water service and water meter. DevelOper shall pay the standard improvement plan check and inspection fees, Improvements 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. 48. Signing and striping within the public right of way along the project frontage shall be shown on the improvement plans and shall be to the satisfaction of the city engineer. 49. Changes to the sidewalk elevations, sidewalk cross slope, curb grades and the cross slope of Grand Avenue along the projed frontage shall be to the satisfaction of the city engineer. 50. Developer shall apply for an encroachment agreernent for any private improvements within the public right of way. Improvements shall be to the satisfaction of the city engineer. PC RESO NO. 7125 -13- 4 5 6 7 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Non-Mapping Notes 51. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: 1. Curb, gutter, sidewalk, pedestrian ramp and driveway approach. 2. Alley improvements. 3, Sewer lateral, water service and water meter Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. D. 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 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 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 improvements identified in the city approved development plans. Utilities 52. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 53. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 54. 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. 55. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans, 56. The developer shall install a 6" diameter sewer lateral and clean-out at a location approved by the city engineer. The locations of sewer lateral shall be reflected on public improvement plans or as directed by the city engineer. PC RESO NO. 7125 -14- 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 57, Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi-ownership building within this subdivision provided: A. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to CMWD for the respective building occupied by the multi-ownership, CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. B. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service connection and meter. If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this subdivision per district requirements. 58. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the development plans for the project and the study shall be prepared to the satisfaction of the district engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 59, Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 60. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 61, Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 63. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code, 64. This tentative map shall expire two years from the date on which the OW Council voted to approve this application. PC RESO NO. 7125 -15- 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 67. 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. 68. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall Immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. 69. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map and project site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21,54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired, PC RESO NO. 7125 46- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 7, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, and Montgomery NOES: Commissioner L'Fieureux ABSENT: Commissioners Segall and Siekmann ABSTAIN: LYN AN RSON, hairperson CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 7125 -17- 16 17 18 19 20 21 22 23 24 25 26 27 28 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMIVIISSION Item No. P.C. AGENDA OF: October 7, 2015 Application complete date: July 10, 2015 Project Planner: Shannon Werneke Project Engineer: Steve Bob bett SUBJECT: Cr 13-04/RP 15-06 — THE GRAND MADISON — Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to allow for 1) the demolition of a medical office building; 2) the construction of a 21,158 square foot, four-story mixed-use building consisting of 4,600 square feet of retail/commercial area, 8 office condominium units, 4 residential condominium units, and an enclosed at-grade parking garage and 3) the purchase of 19 parking in-lieu parking fees. The 0.32-acre project site is addressed as 725 Grand Avenue, and located within Land Use District 1, Carlsbad Village Center, of the Village Review (VR) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7125 RECOMMENDING APPROVAL of Tentative Tract Map CT 15-04 and Major Village Review Permit RP 15-06 to the City Council based on the findings and subject to the conditions contained therein. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.32-acre project site is comprised of one legal parcel located on the southeast corner of Grand Avenue and Madison Street, addressed as 725 Grand Avenue. The subject property also abuts the Madison Street public alley to the east. The project site is located within Land Use District 1, Carlsbad Village Center, of the Village Master Plan, and is located outside of the coastal zone. Table 1 below identifies the General Plan designations, zoning and current land uses of the project Site and surrounding properties. TABLE 1 — SURROUNDING LAND USES Location General Plan Zoning/Land Use District in Village Master Plan Current Land Use Site Village (V) Village Review (V-R)/ Land Use District 1 Dental office North Village (V) Village Review (V-R)/ Land Use District 1 Grand Avenue, private parking lot, Grand Avenue Bar and Grill South Village (V) Village Review (V-R)/ Land Use District 1 Blue Ocean restaurant East Village (V) Village Review (V-R)/ Land Use District 2 Madison Street alley, The Grand professional office building West Village (V) Village Review (V-R)/ Land Use District 1 Madison Street, Chase bank CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 2 Project Proposal: The project applicant is requesting approval of a Tentative Tract Map (CT) and Major Review Permit (RP) to demolish the existing 6,800 square foot (SF) dental office and construct in-place a 21,158 SF, four- story, 45-foot-tall (with architectural projection up to 58'41, mixed use building, consisting of 4,600 SF of ground floor retail, a total of eight (8) professional office condominiums located on the 2nd and 3rd floors, and four (4), two-bedroom/2-bath residential condominium units on the 4th floor, each with a rooftop deck. The project also includes the construction of an enclosed at-grade parking garage with 24 parking spaces, including four (4) car lifts (accommodating a total of 8 cars) for the residential units. The garage as well as the parking lifts will be gated and accessed from the Madison Street public alley. The project is proposing to purchase an additional 19 parking spaces through the Village Parking In-Lieu Fee Program and is satisfying its inclusionary housing obligation associated with the development of four (4) residential units through the payment of in-lieu inclusionary housing fees. The proposed density of this project is 11.4 dwelling units per acre and will generate a net increase of 232 average daily trips. Grading for the proposed project includes 700 cubic yards of cut and no fill. As a result, a total of 700 cubic yards of material is proposed to be exported from the site. In addition to the 4,600 square feet of commercial retail space predominantly fronting the southeast corner of Grand Avenue and Madison Street, as well as the Madison Street frontage, development of the ground floor uses will also include a separate lobby area (457 SF) adjacent to the Grand Avenue frontage with stairs and elevator access to the offices and residential units above. The proposed commercial retail space could accommodate a number of retail tenant opportunities along the corner and the Madison Street frontage, with a majority of the space having been designed to 37 foot depths. The substantial width of the Madison Street frontage (approximately 80 feet) will allow flexibility for a wide variety of retail tenants. Frontage improvements along both Grand Avenue and Madison Street include new curb, gutter, and sidewalks in the areas where the existing driveways will be removed, re- pavement of the alley, as well as enhancements to the existing landscape planters and the addition of new landscape planters. In addition, a small plaza with enhanced pavement and a landscaped planter/seating area is proposed in front of the building, at the southeast corner of Grand Avenue and Madison Street. Aside from recreational and open space amenities in the form of a roof decks (912 SF to - 1,295 SF) for each of the four (4) residential units, an interior landscaped courtyard is proposed on the 2nd floor for the office tenants, which includes a large seating area, landscape planters and enhanced flooring. The 3rd and 4th floors are oriented in the same configuration as the 2nd floor and will overlook the planter and common area on the 2nd floor. A 217 SF enclosed storage area is also proposed as an amenity for each of the residential units on the 4th floor. Table 2 below provides a unit summary of each of the upper floors. CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 3 Table 2— UNIT SUMMARY Floor Level Use No. of Units No. of Bedrooms/Bathrooms Size 2nd Professional Office 4 1 bathroom 5,080 gross/4,064 net 3rd Professional Office 4 None 5,080 gross/4,064 net 4th Residential 4 2 bedrooms/2 bkhrooms 1,258 SF to 1,484 SF The proposed architectural design is characterized as contemporary and utilizes building form, materials and colors to reinforce this theme. The ground floor of the proposed building incorporates two (2) predominant decorative materials, natural stone and composite wood. To provide a pedestrian scale, the massing of the upper three floors has been stepped back from Madison Street, canopies are provided over the retail space, and the retail window openings extend to the ground. To further enhance the pedestrian experience, street trees currently exist along Grand Avenue and Madison Street and a planter with a seating area is incorporated in the plaza. As discussed above, private balconies and decks have been added for the residents and professional office occupants. Material changes and clearly defined offsets are utilized to break the building into smaller vertical units also help break up the massing of the building. Such material changes include a decorative metal parapet cap, three different colors of horizontal composite wood paneling, multi-colored tinted glazing, driftwood-colored tile, metal awnings over the retail area and metal vine trellises along the elevation which includes the parking garage. Allowable architectural projections, including a projection for the elevator (southwest corner of the building) and the stair shaft, are proposed up to a height of 58'-4". A majority of the permissible architectural projections, however, do not exceed 3'-6" above the 45' height limit. A Tentative Tract Map (CT) is required to separate the ground floor retail area and create the professional office and residential air space condominium units on floors 2, 3 and 4. The Major Review Permit (RP) is required for new construction of a building within the Village Area that has a building permit valuation greater than $150,000. Both permits require a Planning Commission recommendation and City Council approval. III. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use designation; Village Review (V-R) Zone (C.M.C. Chapter 21.35), Land Use District 1 - Carlsbad Village Center (Village Master Plan and Design Manual); C. Inclusionary Housing Ordinance (C.M.C. Chapter 21.85); D. Subdivision Ordinance (C.M.C. Title 20); and E. Growth Management Ordinance (C.M.C. Chapter 21.90), Local Facilities Management Plan Zone 1. A. Village (V) General Plan Land Use Designation The subject property, comprising one (1) legal parcel, has a General Plan Land Use designation of Village (V). As discussed in the Village Master Plan, properties within the Village Area do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the Village Master Plan. For mixed use projects, the minimum allowable density is calculated based on 50% of the developable area. Table 3 below identifies the permissible density range for properties located within Land Use District 1. CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 4 TABLE 3— PROJECT DENSITY Gross Acres Net Acres Allowable Density Range Project Density 0321 ac Same Density Range : 28-35 du/ac Pursuant to the Village Master Plan, the minimum density for mixed use isrojects shall be calculated based on 50% of the developable area. 50% of the developable area: 0.321 x 030 = 0.16 acres 4 units/0.16 ac = 25 du/ac** TABLE 4— PROJECT YIELD Gross Acres Net Acres IVIin/Max Dwelling Units per Village Master Plan Proposed Yield Minimum units based on 50% of the developable area: 0.321 x 0.50 = 0.16 acres 0.16 acres x 28 dufac= 4,48 units 0.321 ac Same (Pursuant to Table A of CAC Section 21.53.120, a unit yield which results in a fractional unit below 0.5 may be rounded down) 4 dwelling units Maximum units: 0.321 acres x35 du/ac = 11.2 units 4-11 dwelling units = allowable range **Althogh the project's propoSed density of 25 dwelling units per acre falls below the Minimum density Of the 28 dwelling units per acre, pursuant to CMCSection 21.53.230, Table A, unit yields rounded down that result in a density which is below the minimum density shall be-found consistent with the General Plan. Pursuant to the Housing Element of the General Plan, because a Growth Management Control Point has not been established for residential development in the Village, all residential units approved in the Village must be withdrawn from the City's Excess Dwelling Unit Bank. The City's Excess Dwelling Unit Bank is implemented through City Council Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling units shall agree to provide the number of inclusionary units as required pursuant to C.M.C. Section 21.85.050. As discussed in Section C below, the proposal to pay the in-lieu inclusionary housing fees for four (4) residential units is consistent with the inclusionary housing requirements as set forth in City Council Policy No. 43. In addition, the project is accordingly- conditioned to require to pay the requisite in-lieu inclusionary housing fees prior to recordation of the final map. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and applicable provisions of the General Plan and other applicable planning documents. As discussed in the attached Planning Commission Resolution No. 7125, the proposed project meets these findings. As the proposed project requires approval from City Council, the City Council is the final decision-making authority for the allocation from the Excess Dwelling Unit Bank. CT 15-04/RP 15-06 — THE GRAND MADISON October 7, 2015 Page 5 The following Table 5 describes how the proposed project is consistent with the various elements of the Carlsbad General Plan. TABLE 5- GENERAL PLAN COMPLIANCE ELEMENT , CLASSIFICATION, USEJECTIVE OB, GOAL, OR PROGRAIVI PROPOSED USES & IMPROVEMENTS COMPLY Land Use Goal A.1 - A City whiCh The proposed mixed-use development not only provides mutually supportive uses in the form of residential, professional office and retail opportunities, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, will contribute to the revitalization of the Village area in the form of a new building in the core of the Village; new commercial lease space, new employment opportunities and new consumers. Yes preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale. Goal A,2 —A City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants and specialty retail shops. Goal A.3 - A City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses. Goal A.4 — A City that encourages a variety of complementary uses , such as a combination of residential and commercial uses to generate a lively, interesting social environment and a profitable business setting. CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 6 TABLE 5- GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Housing Policy 3.1 - Require affordability 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 of the applicable housing in-lieu fee for four (4) units prior to recordation of the final map. Yes for lower income households of a minimum 15 percent of all units approved for a qualified subdivision (as defined in the Inclusionary Housing Ordinance.) Policy 3.4 - Adhere to City In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and the project is consistent with the General Plan and any other applicable planning document. As discussed in the attached Planning Commission Resolution No. 7125, the proposed project meets these findings. Council Policy Statement 43 when considering allocation of units from the Excess Dwelling Unit Bank. Circulation Objective B.1 The proposed project has been designed to meet all of the circulation requirements, which includes but is not limited to, curb, gutter and sidewalk, where appropriate, and improving the Madison Street Alley frontage. Yes Provide adequate circulation infrastructure concurrent with or prior to the actual demand for such facilities, Public Safety Policy C.1 - Design all structures The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CBC) and State building requirements. Yes in accordance with the seismic design standards of the California Building Code (CBC) and State building requirements. Policy BA - Review new The proposed project design is consistent with all of the applicable fire safety requirements. Additionally, the entire building is designed to be sprinkled in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. Yes development proposals to consider emergency access, fire hydrant locations and fire flow requirements. Li 0 CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 7 TABLE 5 GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise Policy C.5 - Interior noise The project site is located approximately 34 mile east of the train station. While it is anticipated that standard construction practices prescribed by the California Energy Code Title 24 standards would meet the interior noise standards of 45 dBA CNEL for residential land uses and Yes standard of 45 dBA CNEL for residential land uses and 55 dBA CNEL for the professional office and retail land uses. 55 dBA CNEL for the professional office and retail land uses, the project has been accordingly-conditioned to require confirmation from a registered noise consultant that the construction materials adequately attenuate the noise per the requirements of the Noise Guidelines Manual. B. Village Review Zone (C.M.C. Chapter 2135), Land Use District 1 - Carlsbad Village Center (Village Master Plan and Design Manual) The subject property is located within Land Use District 1 - Carlsbad Village Center of the Village Master Plan. Pursuant to the Village Master Plan, mixed-use (commercial retail, professional office and residential uses) is a permitted use. The specific development standards for new development within Land Use District 1 and the project's compliance with these standards are shown in Table 6 below; TABLE 6 VILLAGE MASTER PLAN, LAND USE DISTRICT 1 (CARLSBAD VILLAGE CENTER) STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Setback: No minimum; 10' maximum for Ground Floor: Yes Front Yard the first at grade floor. 1'-2" to 30'-5' 3/8"(**) (Grand Avenue) Upper Floors: 1' to 30'-5 'A " Setback areas not occupied by a driveway shall be landscaped and/or contain semi-public amenities such as courtyard or outdoor seating areas. **The northwest corner of the building is setback from the southeast corner of Grand Avenue and Madison Street to allow for the incorporation of a plaza, landscape planter and seating area. These features enhance the project and will activate the street corner. CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 8 TABLE 6— VILLAGE MASTER PLAN, LAND USE DISTRICT 1 CARLSBAD VILLAGE CENTER CONTINUED STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Setback: Side Yards (Madison Street and south property line/elevation) No minimum or maximum Ground Floor: Yes North (Madison St.): 1'4" to 25'-314" South: 1' to 6'-6" Upper Floors: North (Madison St.): 1,-1" to 25'-334" South: 1' to 6`-6" Setback: Rear Yard (Madison St. Alley) No minimum or maximum Ground Floor: 4' Yes Upper Floors: 3'-11'-3/4" Open Space: 20% = 2,802 SF Open space may be public or private and may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens/patios, balconies, other patios and outdoor eating areas. 72.7% (10,194 SF) Landscape/Planters: 2,298 SF Private Balconies: 2,067 SF Common patio: 1,505 SF Roof Deck: 4,324 SF Yes Building Coverage: 100% 87.1% Yes Building Height: 45' maximum Roof line: 45' Yes Pursuant to C_M,C 2146,020, the following project-related architectural features are considered allowed protrusions i above height limits and are therefore exempted from the maximum building height standard: parapet walls, tower elements, guardrail, and elevator/stair shafts. Parapet walls/decorative guardrail: 45' to 48`-6" Decorative tower: 45' to 49'-4" Elevator shaft: 45' to 58'-4" Stair shaft: 45' to 56',4" Property Line Walls/Fences: 6' max No property line walls or fences are proposed. Yes CT 15-04/RP 15-06—THE GRAND MADISON October 7, 2015 Page 9 TABLE 6 — VILLAGE MASTER PLAN, LAND USE DISTRICT 1 CARLSBAD VILLAGE CENTER CONTINUED STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Parking: • Commercial Retail: Proposed: Yes One (1) space per 300 sq. ft. of net floor area. 3,680 SF ÷ 300 sq. ft. = 12 spaces 24 spaces on-site, plus a request to purchase 19 parking credits. 24 parking space are provided onsite via a combination of 4 parking lifts for the residential units, each of which can accommodate 2 cars (i.e., total of 8 spaces provided), and an enclosed at- grade parking garage and tuck under parking which includes 16 spaces that will be allocated to the retail and professional office uses. The balance of the required parking, 19 parking spaces, will be provided through the participation in the Village Parking In-Lieu Fee Program. In addition to the existing on-street parking that exists on Madison Street and Grand Avenue, including along the project frontage, Public Parking Lots A (55 spaces) and B (55 spaces) are one block to the west, on the east side of Roosevelt Street. Findings of support are discussed below and also in Planning Commission Resolution No. 7125. Professional office: (1) space per 350 sq. ft. of net floor area. = 8,130 SF 4 350 sq. ft. 23 spaces Multi-family Dwellings (outside coastal zone): Two (2) spaces per 2-bedrooms or more * For condominiums, at least one space must be covered. * Residential development must provide its parking on site Guest: NO spaces required for properties located outside of coastal zone Proposed project: 4, two-bedroom condominiums 2 spaces x 4 units = 8 spaces (4 spaces required to be covered) k, 3 CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 10 Total Spaces Required: _ 12 + 23 + 8 = 43 spaces 8 spaces must be provided onsite for the 4 residential units; at least one space per residential unit is required to be covered. The remaining spaces can be provided onsite, or satisfied via the Village Parking In-Lieu Fee Program. Compact Parking A maximum 40% of the total number of parking spaces provided on-site may be constructed to meet the requirements of a small or compact vehicle. 9 compact spaces provided. Yes 40% of 24 spaces 9 spaces As discussed in Table 6 above, the project proposes to satisfy a portion of its parking requirement to provide 19 parking spaces off-site through participation in the Village Parking In-Lieu Fee Program. The fees collected from the Village Parking In-Lieu Fee Program are deposited into an earmarked, interest- bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Area. For the purposes of determining participation in the program, the Village has been divided into two (2) parking zones (i.e., Zone 1 and Zone 2). Outside of the Coastal Zone, a property/business owner is eligible to participate in the program if located in either of these zones regardless of proximity to an existing or future public parking lot: The subject property is located within Zone 1 and is also located within 300 feet of two (2) existing public parking lots (i.e., Lots A and B), which combined have a total of 110 parking spaces (see Attachment No. 3). In accordance with the standards set forth in the Village Master Plan, developers/property owners within this zone may be allowed to make an in-lieu fee payment for up to one hundred percent (100%) of the on-site parking requirement for proposed new development, conversion and/or intensifications of use. The project applicant is requesting participation in the Village Parking In-Lieu Fee Program for 19 parking spaces or 44% of the total required parking for the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the parking in-lieu fee prior to the issuance of building permits for the project. The current fee is $11,240 per required parking space to be provided off-site. In order to participate in the Village Parking In-Lieu Fee Program the following findings must be made by the appropriate decision-making authority: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; 2. The proposed use is consistent with the land use district in which the property is located; 3. Adequate parking is available within the Village to accommodate the projects parking demands; and CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 11 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Justification for the above referenced findings is as follows: 1. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by redeveloping an underutilized site along Grand Avenue and Madison Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area. 2. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, professional office and commercial retail uses along Grand Avenue and Madison Street, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building in the core of the Village; new commercial lease space, new employment opportunities and new consumers, B. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated September, 2014, the average occupancy for all public parking lots is 70%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council; and 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Based on these findings, it is staff's recommendation that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of 19 parking spaces. If the City Council grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Master Plan. C. Inclusionary Housing Pursuant to C.M.C. Chapter 21.85, 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 four (4) residential condominium units has been accordingly-conditioned to pay the applicable housing in-lieu fee for four (4) units prior to final map approval. CT 15-04/RP 15-06 —THE GRAND MADISON October 7, 2015 Page 12 D. Subdivision Ordinance The proposed project consists of the development of a four (4) story mixed use condominium project. Specifically, one (1) ground floor commercial unit, eight (8) office units and four (4) residential condominium units are proposed. As conditioned, the design of the proposed tentative tract map and the improvements are consistent with and satisfy the requirements of the General Plan, Village Master Plan, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act. In addition, the design of the subdivision and the required improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. All easements have been identified and none are affected by the proposed subdivision. E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 7 below. TABLE 7—GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 13.9 &q. ft. Yes Library 7.42 sq. ft. Yes Waste Water Treatment 4 EDU Yes Parks 0.03 acres Yes Drainage 1.22 CFS/Basin A (Grand Avenue) 0.37 CFS/Basin B (Madison Street) Yes Circulation Existing: 272 ADT Proposed: 504 ADT Net increase: 232 ADT Yes Fire Station 1 Yes Open Space N/A N/A Schools (Carlsbad) Elementary = 0.6832 student Middle = 0.3364 student High School = 0.2932 student Yes Sewer Collection System 2,684 GPD Yes Water 4,395 GPD Yes Properties located within the boundaries of the Village Master Plan do not have a Growth Management Control Point or an allocation for dwelling units. Pursuant to the Village Master Plan, based upon the gross 0.32 acres on the site, up to 11 residential dwelling unit may be built, Therefore, as four (4) residential dwelling units are proposed, a total of four (4) residential dwelling units are proposed to be deducted from the City's Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No, 7125, the allocation from the Excess Dwelling Unit Bank can be supported. CT 15-04/RP 1506—THE GRAND MADISON October 7, 2015 Page 13 IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found not to have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan, the 'Village Master Plan, and the Zoning Ordinance; the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS; 1. Planning Commission Resolution Na, 7125 2. Location Map 3. Village Public Parking Lots 4. Disclosure Statement 5. Parking and Retail Depth Analysis prepared by Applicant, September 16, 2015 6. Reduced Exhibits 7. Full Size Exhibits "A — R" dated October 7, 2015 NOT TO SCALE The Grand Madison CT15-04/RP15-06 <-• - -7, 'ca I 11 2.! iv BUENA-VISTA WYI I P - 0 jF CYNTHIA_ LN. , , — - - 1 ! 1..--LAGUNA"-DR_ IMM VillageReviewArea CT 15-04 The Grand Madison j 300.00 600,00 MI Village Public Parking Lot PINE ELEMENTARY SCHOOL A- 55 spaces B - 55 spaces C • 50 spaces D - 79 spaces E- 39 spaces F - 43 spaces G - 26 spaces H -30 spaces I -12 spaces - 459 spaces et— .•oci -c0 d‘metc.....•mid 6tr° - _ _RIA6NOLCA7A1 Village Public Public Parking Lots CT 15-04 / RP 15-06 The Grand Madison ( aty of DISCLOSURE STATEMENT Carlsbad Development Services Nanning Division 1655 Faraday Avenue psi 6024610 www.milsbadca.gov P- 1(A) Applicant's state rer4dire discretion or Committee. r disclosure of certain oWnership Interests on ail appiicatione which will tion n the part of the City Council or any appointed Board, Commission The follAing Information MUST be disclosed at the time of application submittal. Your project cannot be reviewed i.intjU this Information-is cOrnpleted. Please print. Nate: Person is defined as Any individual, -firm, co-pannership joint venture, association, social club, fraternal organization, corporation, estate, east, receiver, syndicate, In this and any other county, city and county, dity munidparty. district or other political subdivision or any other group or combination acting as a unit.' Agents may sign this document; however, the legal natne and way of the applicant and property owner must be provided below. 1. APPLICANT (Nettle applicant's agent) Provide the COMPLETE. LEGAL names and addresses of &L persons having a financial interest In the application. If the applicant includes a corporation or oartnershiP, Include the names, titles, addresses of all Individuals owning more than 10% of the shares, IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiciv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person efie41( iYi-WZese Corp/Part Alitli IfF-e•PeP7 Trils 41,-(1/ Tide Address 0V73 sita "rye Aza Address elf1-1-4 INV/ el 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names arid addresses of ALL persons having any ownership Interest In the property Involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants In common, non-profit, corporation, etc.). If the ownership includes a corporattotor paibiershin Include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a obliclv-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person r'lr\i'c%...4gAt Corp/Part Title Ad&esP b c Address CA)*Akma, (A) Page 1 of 2 ReVirrod D 3, NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit omenblition or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiVTrust Non Profit/Trust fltio Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? g Yes ONo If yes, please indicate person(s): NOTE: Attach additional sheets If necessacy. I certify that all the above Information is true and correct to the best of my knowledge. Signature of owner/date r\r\*LiLei.e,. Print or type name of owner Signature of applicant/date /e/ie-Z file relifoit Print or type name of applicant Signature of owner/applicant's agent If appicable/date 44e aiozzAt- /-4x4 if-se-fiaxa:r Print or type name of owner/applicant's agent P-1(A) Pape 2 al 2 Ravised ArlD AMA Architects Architecture *Manning *Interiors 2173 Salk Ave. Suite 250 Carlsbad, California 92008 Phone: 760-431-7775 cover Letter Date; September 16, 2015 To; City of Carlsbad . Attn: Shannon Wemeke Associate Planner 1635 Faraday Ave. Carlsbad, CA 92008 760-602-4621 From; Edward MeArdie MA & Kirk Moeller Project Architect Re: CT 15-04 / RP 15-06 — The Grand Madison Please see attached letter illustrating our approach and solution to the retail design and parking situation. Additionally, see attached letter addressing retail depth provided by the professional real estate consultant responsible for leasing this project. Please feel free to contact us if you have any questions or comments. Thank you, MAA Architects Inc. Edward MeArdle AlA Kirk Moeller President Project Architect 111.14 Architects Architecture * Planning * Interiors 2173 Salk Ave. Suite 250 Carlsbad, California 92008 Phone: 760-431-7775 Proiect Analysis conclusion Date: September 15, 2015 To: City of Carlsbad Attn: Shannon Werneke Associate Planner 1635 Faraday Ave, Carlsbad, CA 92008 760-602-4621 From: Edward McArdle AIA & Kirk Moeller Project Architect Re: CT 15-04 / RP 15-06 — The Grand Madison Shannon, In response to Imagine Carlsbad's comments regarding retail space depth and parking configurations for The Grand Madison project, IvIAA Architects has conducted a feasibility study to determine the viability of an underground parking garage. The following is a summary of our findings. The Northwestern third of the building frontage on Grand contains an average retail depth of 47'-0". Due to the East! West site grade change it is not possible to add a retail entry on Madison Street. This portion of the building is close to what the Imagine Carlsbad's members feel is a desired retail depth. The expan.sion of the remaining retail space to a depth of 50'-0" would require an additional 131-0" of depth. This increase will yield a total of 1,110 gross square feet of additional commercial retail space. This expanded retail space would require (4) additional parking stalls bringing the total number of required spaces to (47). Based on our current site plan the retail expansion would require a total loss of (9) parking spaces bringing the total onsite parking count to (15). This would require the property owner to request a total of (32) parking stall credits. This is (13) credits in addition to the (19) that are currently requested. We understand that the property owner can choose to request as many parking stall credits as needed to support the desired project. However, our Client and MAA feel this direction would create a negative reaction for the approval of The Grand Madison Project. Our current site plan has been designed to maximize required onsite parking for the residential and office component with residual parking towards retail uses. Parking convenience is a very important element for potential tenants. The more onsite parking available, the more attractive the project will be to potential tenants. As described above, our current site plan does not allow for a 50L0" deep retail space. Our Client asked MAA to explore an additional option involving constructing an underground parking garage to accommodate required parking. See attached reference site plan exhibit showing a 50'-0" deep retail space and underground parking garage. The underground parking garage area contains (21) spaces with (6) spaces at grade (3 car lift type spaces) adjacent to the existing alley. This is a total of (27) spaces. (47) total spaces are required for the added retail space described above. This would require a request for a total of (20) parking stall credits. This is (1) credit in addition to the (19) that are currently proposed. Additionally, the attached exhibit does not allow for a city standard trash enclosure design and could require the loss of one additional parking space bringing the total requested parking credits to (21). Finally, the cost to construct the underground parking stiucture has been determined to be approximately $1,500,000. In conclusion, based on our findings above we have found that it is not economically feasible to construct and underground parking structure or expand the Northeastern 70% of the building to a depth of 50`.-0" for reasons mentioned above. Specifically, both options would require the property owner to request more parking credits than currently requested. The cost of underground construction is very expensive ($1,363.64 / SF) for an additional 1,110 square feet that we are still unable to park onsite. Considering this feasibility result, it seems evident that the current site design submitted for approval is more practical than the above revisions. The cost to construct an underground Parking Structure would create an expense that would eventually need to be passed on to potential tenants in either rent or sales prices. Please feel free to contact us if you have any questions or comments. Thank you, MAA Architects Inc. Edward MeArdle AIA Kirk Moeller President Project Architect /MI d& ir• - rinre41411.7 "Ma ri eaNkreartgarl 0.; 01 Zeffie / 1 ;joy if/417 1:,,FroPie,e4/6,0.1r/4/..tetv zici/Zorilvc."4•46/7,e , ,IVre .,4.1.44,460,aiiiireed!"..ex,'"0"41.1alf;:elenre490 fr,e47,712MYW,W.:14/24,0WRIP;47,16Zre.:W;r1/1 `/,e. 707,4"Zirleig/iffe,Pri44", '4VAPArlf,/ ,e'rer2fe,orafor,4,109:AfrAtrAZWAPrnl/4:06P/A7e,cnVec,eal"er~474,e, 5 ON 1 /4r UNDERGROUND PARKIN UCT Amy A. McNamara Vice President 5901 Priestly Drive, Suite 100 Carlsbad, CA 92005 www.colliers.comicarlsbad MAIN +1 760 458 5950 FAX +1 7604$5 8925 Co ers INTERNATIONAL Sent Via Email Patrick McGuire Re: The Grand Madison 725 Grand Avenue, Carlsbad, CA Patrick, In response to your email regarding our proposed bay depths for The Grand Madison and there effect on our ability to bring quality retail tenants to the space I have the following comments: We will be leasing the space to either multiple tenants of approximately 900 square feet to a maximum single user of 4,600 rentable square feet, 3,680 sf usable, Under either scenario, these spaces are considerably small and it's my experience that retail tenants prefer frontage over depth. Additionally, we will have approximately 1,500 square feet of the total 4,690 square feet of retail with an average of 47' bay depths. Please keep in mind we are only talking about 3,190 rentable square feet that has 37' bay depths. We are marketing the property to tenants such as Life Style companies both national and internationally based (Le. Sun Bum, Oakley and Vom Fess). We have received positive feedback. With limited product and high demand, I really can't imagine this being an issue for attracting high end users. Best Regards, COLLIERS INTERNATIONAL (10-‘ Amy A. McNamara Vice President CMN Inc and Certain of its subsidiaries, is en independently owned and operated business and a member firm of Golfers Iniernaticnal Prc,perty Oansultants, an affiliation of Independent companies with over 450 offices throughout more than 61 countries worldwide, lEItc STIEt Ei Hip Et op! igc I Hil ph I I i 1 I 5, hn 1 II 1 1 I ill i 4 4 111 1 ! ; ill 1 1 111 11 i 1 I 1. lipolipuil 1 pi tial 0 11 li ii ii .al II I I 4 al Os al al [I I , 1 I • 5111 i 5555 5 5 THE GRAND MADISON 725 GRAND AVE I CARLSBAD, CA AND AVENUE SITE PLAN ir•fr 1411419Me / 114.1kra/t DETAIL FLOW THROUGH FLAMM AT GRADE liar SCH DETAIL FLOW TIIRDIJOH PLANTF_Ii AT FLOOR leM Y It SCAtr =Wit 7447 nragi r TMI W TWA, 0 6 i 1 ' 1 .„..„„. 1 , I SITE , 1 , PLAN 1 ,e";' / • MICIVPWA DENIM LANZCOC, I— I 1 exer,ucewIeceo COMMERCIAL RETAIL 3.6E0 P. NET 4,6CO 5.F. GROSS 5,14Cr.c. MR MB 00611.14110)1E ese teueueelfr /TM cr Warm I TRAierparn Is To I re verreleeo, , ?heap sTALL *M. MOYED• Ar ProO.TD perarilef LOCAllge Sira 2 Porta ' --r b•nr14.4., All APPROVED 1BThMUIEMTEflTfl1tIAIWIWWOI1I MAN at MSC, NO Mum.. ilON aItttrInOo- PLAWNIKOMMASIPN Itpowg•ww. ra,* limProsPWPWIWP PVT • C11544 i RP VA' I -II- M AA rchittrii 53H YVV( 0 0 THE GRAND MADISON 723 GRAND AVE CARLSBAD, CA 11 l'I 0 % t ',, v-- FOITIITIAL 0 POTENTIAL --•,i , , FA/11ft 1 i FUTURE 1 OFFIGE ia P151151M6 , 44 5P. NET ;'' Dv.= -1....'i ru.L.L. 'i' 5,080 sr, 6R.055 Ii II ti 1, 11 11 M111.2.1141? • WM PM 46411 'WM MJNIEL 11E WM 4.1•1,0 no. PIANO INV t 11-041- 14,00•010/0,1 e,"•. non — 4.4 CTI104 /0154 Eli MA Atthiteftr SECOND FLOOR PLAN Swos Wren gcoND FLOOR PLAN W if04111 rA safrJ.E. Vo• it-o• 1111 A2.2 THE GRAND MADISON 7`25 GRAND AVE CARLSBAD, CA A.L PLANTER 111 Z ) THE GRAND MADISON 725 GRAND AVE CARLSBAD, CA NO4711 A2.5 cr1304 /WEI* Ih Mho% hrehltetn ',LANIER sax*,d r wor OPEN TO DELON 1 STAIR ROOF Baal ' FLAMER CELOK 2'4 FLOCA GOOF PLAN -Nualoa.m. ROOP',DECK 5 loam, TT. ROOF PLAN woo.. MCOMMOr' ..sommt IMAMMLY MOM Moor Med tr.., War MI Wend 040 iff101. immtwor demmouret coo row War imerld onortkoarcerevionwatur L_LJ. lid a. OEM Wm. TOM frorMAMMD IrdeMPA MILT GO.0 t NAM. mommuy. ramms oforM,Mir ma, IIMMAILE WM/WV% ON.11 MkOldir MO TV 4111 Mon "N. ••=d ddeddAMIUMMYNIZ Fddld 101:Mdentant ForMIIIM/M11. OSLORWAILIMMAMMal. IMIM MAR ertfadiar diA/M1 NNW DMOIMMS14111mdfilfla ' ILITEPE WEST ELEVATION A SGALZ. dl . 10.1*MeMP/r -11 M %TM MAIM *MOM- vEt Er =1-- MAA Architttti WC. rm. v PLA I and. dxreenre. Md. *WM antd MOM TYMN. am amide Sn addistamd MOW .,Mmddrnsiam.Mit rrr SOUTH ELEVATION p ie • ;4 1 • mu : itte la 1512 dew Idartddr- frtn.K.COM, Jom MM.; P.m. rir mom. roads Wm. 1.1.0.0,101%.1 Aosmol,,M But WIC ELEVATIONS Mot *dm All c ).6 1 THE GRAND MADISON 77.5 GRAM) AVE 51 CARI.513AD, CA flj Vie - MRS TENTATIVE MAP FOR CONDOMINIUM PURPOSES THE GRAND MADISON 8•• COUP CT 15-04 RP 15-06 LUCIAI. DESCRIPTION .7313 t• •• /A Pd. .43 CAAV.V.V wwair .4 110 14 1744n* pap" a pp ;pat .044 cv•fttrtv. 44•4149•44.7*4 Pe PAP 714i0 %ft l.t1 1770 •1 III 7371Ie CV he- mg, *me,* , n•rt• eu..a. Aar - sitea oR Rc Th A • applr a•Aa 307 ••• ••• taltO•P elf WV 41• r*P•P•t) 7477*0 av NO I47170180 431Ul 104 MO OW 444 Yu pap. Pt OW PaaPPia 40/ atat•••• APIC asp aT 1441 77041431 .11*115,VAv 3740 7707 IVPVI.V Oil.fReert 0118., 910 • .e.m • 7?..• 1(4774031743WV 304771 MONS 1.41017r rallIPPOP .0 •••IrCvP .cwv•tr..e es. S•Ot MO MO. Merl/ fv)../Pa. 14 OW • "•*-14.44 4. o• PM.: ENGINEER OP WORK blikine• WT. V 0*4.•4441 ra 4111201...7*) IMP 1134-000 • *PAL A rt. PROJECrINFORAIATION P.P77.049•44P. PaArl AIXAV cAASSAvirv •Vosso, 047724 NvvIVV• tS 10,-101,r tat Armago. .0= 111 •ovY VI • r_vbs: 480.7 ••••4,80 0834•• 07*7 70(04. 7340 ol‘v 41, •A I I.11 .7 tv/ PPP V S301.1 Lat 0/1444.1 7 WORM SitAel 1715010 14.9(00 •• • 2.Pi 24 lir AVOWS, tVatta• WIPP,. • 144••••••••••• l•••••P; 044.4440•VP&A PlaPIPTS 04 01 144 .417 PP ••• PP • CniVo •Sliftkm 7*114., •44•14 Our wore ▪ mu...1k • atAwo • inor, • .0 ..uf Ai.. 184 1444f 100000 tr . 04 .1r PDX170037 ?774441. 310.44,4 744*? aa IV ...-AAC Pa Parr • MO 41 100,70*7 £447 47144 3174(017 474 ar VP • • -.874*44 MIMOD.CIAL celAl at umeri rta "%WO - 44, • *A 7 ITV CPO - faN -4101. tAV pg. al, LEOL-Nil hfWVfl Of•VMAAr I_77444 +PP MeV aaprit• 410)* firY•ACW Pal•00 Opt IlreAVV• Vok: Mows r01776. .144 Kra AvORWV APPPU• •••AVALLI OLIVVV, *714 744005/J7 /WA 44n• n•CsOLD •301747 oPPOICII matter= payee btaet 47,1 ••••=5/11 Stant Wm) VOA n•LVVID 441 tulablVd• rat LC WV twat .obr INSANG 4.40400(747) rvi,InCt MOM tfr VPOP.I.Pe 1.1474.4 tbried AU* MVP= V1)./ CvSk% %WV 44.44pr 0e11164 IMF 4.1•444Xt IPV•I *ARV Wit. ove01510 .0(4 =v•Cf • NOW 44740110 IMO LA ipal Amy.= 014.1410) •104:319 MP LAI *On= M•tyr •••••••••• ray vliyovo 1,4444••••••••••• ••trl, 11771110 $141141144APOPKP 0. IV 0440610 IMMO/ Waist ••• 14 IMI110111111111 A•lt 4•14P Ole RIEET INDEX pg• r • a•mat • •81:10 •I-t1 70,37417 *4* WV?) RAM Da, • WV 0.4•03 t 444 Cana P•It• • 014.41440•4 •4••4 NV, rl 4 .1114170 Ire • 1.7.1740.41 MUT' ‘, NAM Pe .0,10re Pr, a ta 0414 40 :1,1 CC 174.501474 04 4.1.44170 PPP., • ••••••40 1777 4.1 PAM AfrIfOVED (04 ,3 Pe •PIKICP 1147*04 WAIT PIM, rot •PutriAtI__.--• •Pr COP** oft_41 4.4•40.8 COA•090/ 47710 7 I404011 103*4*0• •* 4$ arititpr •ACAI iNAIII 444$30- ••• OP • • .• tap (pp .04041004.- 441.• PPM" • a./Pa 1448 •r•0 - 44•0 . AV. GM,' /AO . ft* PPP Tatou 7.77 CRAB .4••••V 1*4 O arra.: 14.1 DM, 6.3 A ...ICA!, Civ•V••• 171177415. ...Oa- 171J740.• 4504Aa <ma' Pow lit APILPIPPI ••44411nA PS "VP UseptpraM taanklAttat *00.51430471 at, Of ats •3•7377 74••347" 03`..13 4 IN• 007401•01e 170174(48 80 010.• 4.7fl34 RC (14847*01 AIA• nAvor.• 10.107 WACO • NViCoCAVHD 9.O•e!' ▪ 4811.e7747477 7 ISHalia:••• GlbWO AVOW Sri e.I *WW1 147•Pdaal 44•777• PIT SlIEET 1 ors FIRST FLOOR - COMMERCIAL 1•555/161" 40012 THIRD FLOOR - OFFIC.E 113011/1 140 00 SECOND FLOOR - OFFICE. FOURTH FLOOR - RESIDENTIAL 1LNTATIVE MAP FOR CONDOMINIUM PURPOSES THE GRAND MADISON " CT 15-04 RP 15-06 N.15 ,411 1.01 bliA, Inc. perrikv, 141•••9 APPROVED 14 R44- Appn,fp NprAN,E,IAP/vM era PUN A* Phimar PD. ROAM No _or MAW. ullipamIN MAWR* estvan4 crl.M SCA)E: 1 Unu.11, AN, cA 0200.004101 P....... 11111.11,V 414)2)2 eklATYPAS. 001041N palf 1-1 13, kT0,0 Shrete72 OF ( tn , ,511,11,1 141,1 .MS74101401 osinit.4414(4. pa( cm SIT AIKAAMTS rib▪ .. 11.0.1 PA Mt, 00 WI ...am lb tbbtn IA.C.A \S CDRLIERCEAL RETAIL Tb row bbabh,41-4,7443 n 4.00 0. 015 11,11 0(170 5011 MC NM alna. CEPS'S SECTION 500100- 12e ii044.410 )41.Kvti ROW 'ORR E'EN/4 COMO 444001007 W e 00)10* 4.001 [O4.0171 00 014)) 150410 0,44 .414 0' PR, POI Wi 144.104310 I' 'COME, mr22, 01 ENTATIVE MAP FOR COIVDOMINIUM PURPOSES THE GRAND MADISON SITE PLAN CT 15-04 RP 15-06 WAI*4 prir xriblar ra, TB 11,1 6100 40 1-4"4:',2,2"" GRAAD AVENUE 1.1.01.17434r MT le Ma WO etboAAWCA anal) 1 itA1A.AC nont_ rat 010700-04 401 AAN.. te AAP 74' APobicuA-A VON OINt 40101. eatru Fral rest ara PRISOSNIPS.-- H • g , e trs. amp Te 01461 wakcarm.K.--4.. loM VW (44.441 ItEpoilD 4 'Afeaji ',Lacs tT Kom...tur. 61 - _at 4401 °ft =ALE: r o Spa (III ts- • 1.0c.,.7 .r.p.e.• • in c i,i. ,.. ks . . . . .24' .FACE: ;,.$ .41..... : : ' . r '';4, 4 : • . , Oily! -u.'. COVEREEP.PARRIRR, , . .. .. „ 0.1. .,. _ . , ., 4,10, 1.r)BBY _ ,. . ., , .., • . . _ . . ... ... _ ,. - ' • ' ..•1 Jr.i.';' .C1'' fr'''' 1.6.''' 49 34 FT _L...Y iiirnir.u;XR74.'777' • . ' r ' . ' ' ' ' ''' ' - ' ' .. , 1.„ revs p A . . • ;II- • 4. - • " _ . ' 1.1,.. : d, '- )3 • , . 1 4.7. COPIREACI Cbdi \ .. I '' .1kt..., W- WI ' -Q1014' .' Waal .. , • .. . . 0,010(0•01 "At I 1 •,fr.„• C: , ." COMAAR AM.ALA \ ' .. . . AbrAbois . • ' - : ,-*,....., 1--,5,),.. -a , rr :"In 1 TM. , \ - 1 b __Jr'•71..TfAt-___J. '•••'st—C7- ''''i•—•"- '2 -,.e.ilfrb,,,,,,A A yi MIKAbb rm mare' moo cciAbE Man* b.10, b4All ALSCLAELA AMOY= 202 JIT AMMO (rarMlit 4r4.11)6 7-6.7 PRO-TET M110— Fra -CADIA III 66' FOAM. CableZeArt.AbirA Aswan elAnr- tAbbAucemb rlI10, AVA tti 4 1`.abfrAer FAD -7 „L../ Zatiomi .4211 1.64647 7 131 A' 11. 7:17-brA .D.P7'AIL: 4' WIDE PM' MOON GUTTPR, 411) 71712 • +-01 TRENCH' DRAIN DETAIL 1•Elt bliArinCA A.AAA,AMNA AbIA AANADA E9'.A.A1 Nubb "e CAbtulio. CA 11,02A-AV.A 11511 067-040 :SFIEET3 UPS CT 15-04 RP 15-06 TENTATIVE MAP FOR CONDOMINIUM PURPOSES THE GRAND MADISON ROOF DRAINAGE ce DMA EXHIBIT FLOW THROUGH PLANTERS LEGEND: DMA'S LEGEND: th____ i li r0,A4-1 -' A41.161 fet• 3,0 MC. A . ... • . +. .• . • • . .S.,1 of.E14 1(4 80,0by Roof ORR 6 ROOF DECK ROOF DECK C ROW :•—•1100 005005 MAIM 50041350414141 . du - •rer .40f4, A4,1,4VC elae /WIN ftaa,r11 :NA - rtn. mCI 504•••0 'V .20, /TON 0.4 C - /M. 051•011. 51 PI mow WNW —1 -4 DA - 044r4414114550 455 ".4034 544.4 144510! £1541 4000041 ,e• /1,39 MAIO OW 5-40! 4405 45045 0,400.1 54110 nye&•4 ea • * te, if•SL =WWI ela4NrC sumo' M. VII 04150 504 e Or .504, MOW • 4,toy 0, NA 0,4,4 ar moo. Am. 1'0 54042 es,o-c74- •rOile,61 0101 0001.0041 1-4 IMICIrrn on net INGNOran lay NM 40(01S 30100 00455440 0405 cP00. IP. 44 .14411041 S. to rOnIstma Sfr lyek 514455410. 0455 11400390.000003 010t A, Inc. son CRUM. cA 1911014-4111P Im-rise SIFIEB7'4 OFS APPROVED 344544 54 44540555040040545 NAN 00 44104•05 505 04050440 no __If 'WORK C0011.30M, /41, MOM* 4441.44; 505451 oats 0400s 040434 tI'S GRANI MVENUE V rEn5r '1 7"1", .,,. ,...,,,,,, 000 MIT CEP. CM t..5fulo, :404.r toff MEW Er.4' rE ;kw. Alwir 7E,64.1EE L././ . .,:` :4;-.•Acc ri e.o.ncr 4, (..u.17,1* a. .1.mr00 V-------' . — DM ENE6E4h• ,4, Or riannO -- 0050 VW 7:7--- • ., 00 ..VS GRADE • if-Mgrcr ralr 3, \, EMS,. PLAWIR '''' 1 0000 0000 , I gq.Z','---'— Z 71T1..----„4.___ ! ...,„,,, -,..7 , 4C.A.4 _.„..........-' i Mr. EON . 1.411e7.E.ECE46., . i -..., C.11. vest 2- 4.40140449, .2P 66.111 ,...• •E Of EISMEit tEA.TS CE lette N. fim.7101.0 ...-ExEm. 64s *Errs re memo Egg; cows SE EC MAW NV 4577.00015 045* re et Irouneto 's-tvsr 1010' 70 07,50 I' DISE ASPHAtr - .70 fir irrnma-0 i l s•-•„N. NT.= 5-I I:1Sr todAyesto..„....., iltuntrli .s•-•••: innfi nr Winn. CoSt, I 4.46724 VIINakED, EWE 001040 !a ISE 1634:619 r,sr. EEESEIL„./. MEAT MO .0:VA, la Carr St la 1“.6.49I APPROWli otto PE +WOW, ,097,7 #0 000070000,00090 pfy, Eacvno 09000704 71050050 104010 Dry.. 0407 P.! 0015 As.va• (00,1 WIT Cnnwan 0. 02007,0747 0000)77007700 SHEETS OF S lat51, sIRENT , EV+ 1.0.V.,44, PEEr ems' 6120,41 '1\ 1 Airr 76 NOW. mar mr1:3 ,0 *COM • r4+1E: r it ThNTA TIVE MAP FOR CONDOMINIUM PURPOSES THE GRAND MADISON DEMOLMONPLATT CT 15-04 RP 15-06 *Orr 3 PM 13*.3343-130l1340 1130113 imisnea OEMs RAM REWTONVOC .431 NOT MAR0[0300 FIX1.13A.93-. ID 11 3000 331906 ...1.11111.1tVUM11 1111.11.(1141.1.11,1.1 .11111.11.11/11.1.103/11 1-111.0111141.411,111 i , F LOWERING P ERENNIAI_S ...Ma" 13136.1643.- .111111.1.1110.11.111.11 1 ,,,,, 1, II 1.1.2.13.11.1.1/54 313331 33331 'to rot 13 R,7111/.11.01.111111 1......331.101.6.13 Mr0.11016.1.031/. 4.1111 11.31. 3r. 106 13 1-111 SUCCULENTS AND CAC Fl 1YI33I?I031101113131063 M:111311.11311.1111 3133. VIC 13 CSIT.II.. 1331101, S MA SolIrr .1.11//1".....1 1411.1111 WPM 1.11.11111 IV 11, 11,14.113V43.......01.1 .111/113 1111.1 1.3.1. 01130130341333031930- 31114.1.1.13....4.03. 130 trot, V If S cmourio co E11 . ill0051ilIl Y-4. 11110.111t11.211 MO. 0153.... tot 111.4.11. 10 .3.31334331304 LANDSOPE M111nt1RIVEMPONSI84IngS 11 111 .1111.1111111113.11.1.1.101.1.11 1013 11.110111.11111 11.11.4471.11.111111110.EllhOTNI 1 1114 111115 1111.1.11.9011. 111.0111 WW1.. 413. 111.1111.10111.1131.115.2.9.13170.11.11P; Ift/11.1.1.111 1ft Uft 11.11 111.111.3.14111.11,10 0/441.11.1.12111.C.,131.1.1.111r.ft 1.111 .33.06111/111.09011311.11111114.11.611/ft.43.13 19113011.1.1111.01.6.11611.31.3,11,P41III#ft .111111.113.11/111111.11.01.11...1111,41M 11111ft ALI ..f ...I 1.3.1 n.agoitoct No, r3,e, ,, Put .L.1.1411100.. 11.111.k111.1M.11.....2 .....3 111.1/1.0.1111. 1.051.11.51011 STATEMENT. OF UNBERSTAHING AND COMPUMICE VA/ 1.4.1.1110111 110.01..11 101.01111.111 61.1. 03 61.1/1 ...ft .104 I.11 .101 10.111111.1.11.11 1.10A.11.31 1111001110.413 311111.11131 0411031311019 13,511.1.4.....11 WM IV ...Aft 1.11114.11.11.1.11 ctft, notortoorr000rkustrort °worm.. troultor. I CUM, VW 1.1 11..1.111411011111112,11 1.10.L.1.11 1911-1131410/1113.1111111 VAMP 133.111ftPft.ft.1.1 .1.03111 14 WK. 1ft Aft .....1n613 11,103 .4111.11411 ....111311 OOP TIG .1.111.14111.4.1301.11...11.3 11.011011.1fti F. 41411040113.1 101 Pft AET1.1.1.1a itTotri— • - 1.1112.$01,1=4.111-4111.1.11.1.1111 L.11,,r ft.1.11.9.4 ft{ ....1.1111 11111V19.1111.11.011111.511114.011113 1.111111110.1.111111.1/411/1.2 11.1 101111.11.131.1941/41111.1.1.11.11 MOM WM* 111.11101.1111.6111/ 11.101141ftp.13111 (=7::====, 10N.13 111113.40 131111190010 1fl 333 LOK.El.TIJAIL LA341230139 1.1./.34 5163.403131 moon 1.11.ftft SITE/FIRST FLOOR PLAN 111.1fift 0 Oft PLANTING LEGEND MUTE1..!, TRELS • &TAU SCAft 031.1311 I 1.11.41....191:1+1111111.1 1.11 11111.11111.11. PALM OR PALM UNE PLANTS moos pus kw St1F3LIEIS 111,31 StIt rllq .111431117 - SHRUM' • LOW Lord Amity 1.3.4.111.1.1.111 1411.4.1.111111.11E ,033611t10101013 13013331.31W S1190135. o .11111ro MUT ft 30311610 125 .ANP AVENUE CARL5E3A17, CALIFORNIA THE 6,R,ANO MAPISON L- or OEM SECOND FLOOR F0004410111,41 MN, -`,,',2Vg=1:=T"' 110 Mk ilf MIK 400.11 PLANTING LEGEND 4 .,1 I? MOE TALES • Striall ScAln hrrent Wire r oncop, 44641 1 PALMERI PALMLIKE. MINIS oomrear,... 410001.01ANUA ISIIIIMENIEll 511H1.150.• High SmorligvE ! 511111JOS• tore 1E*1 &cool J40.0.04,•,,,,..0- .44004nr•14.4000.144044,4140, bora mom ert, $000100K0444)40.4 171111141140440,144400 1 : 4,1- 054 4 kwool.,,...., .._ 700 ! St Ruas CoIt!r O 1 141.4.1.1. (.1.1r45,411tartre. FLOWERING PERENNIALS :novo, OMR 40044441011471114, qr... 011110,11404*14ul .catwatesmrouz 140414100, 141,10400111400114440 4000 146114.50 000 11111 0 Oct 700 403 0 4,14,_ J4,44 1 1.I 0 ,400A J 4 GRASSES . L 1 A SmallSralls . /*Worn* N11144040,04,044000100", M.440.10:7146101 41114074044440.440044 '1..itt13901 0tR44014044,1411 MINOT .111440441.4114014414741 rotiou il744- 4.. IOW Ir . 14 000 *PG 14 17406 11 INES 40,4.4.44,14144,444444 04e,*14 ....Tall AP.. GREILINR) COVER -Inur 044 46 r ,I,IMIE0TA0MV45 MS= 10:4-..40 01 tE030441E01 4,11iymt 7..4 ti.I. .646 ' 44 .4 St 044.14_0143_0414 MAE 1,1 144-401 14144 71 ,sts 07,00000 1414.01.1 air 40.,41,- Alta. _ . e4r.m.r.rt. 005 GONGEITIAL. LANDDGNE FLAN IIEGONP 14*044* MOMS 15 nr.21,441. 44410.41141 — 1111-1 01011 ?tomato+ g THIRD FLOOR L-2 _ FOURTH FLOOR 25 GRANr, AVENUE CARLEESAP, CALIFORNIA THE GRANE7 mApisori WM, *4-440-0* WAR, rf r4.60 004*01*07 041 0104011.14 "-" _ 44001414 PLANTING LEGEND ROPMEALIWIE SONWHANE SWUM ! WEE 1 SMC/4611 ViOCOLS W....in....LOA 2,a14,1,4 .70.1.101101GRI.1.1II 1 4004111.1.110 II Tper I, ernw i arff era& Ablan.r.1,4 MO, NM t00 4 altilekt I .1.1 S. nci.r_ II SUMS • 111991 So alma. J...7.0.te.11, roof x arnar SHRUBS • Low I. nal 1sccEni 00,00/..v..9 N11,00,-.0,47,-,00,Ar..4, 0 .-0a0,reff 11,07P saasaalas m.4 4.1110/01. S.. 1.54:1,01,10.0.1 01444 FOC I. raL t. I TOO 4. ilm 0 ' SHIMS . E:spaew I am 0A4IRPl00el,r00.770 fX0 4.414140000.1JA fp* a. FLOWERING REICENNUILS droiritiVeil .1.0 CM' 081.01611904%.14 48,0'110PAI0xtv.ve Win mom.... rac 1 / Ile 11 r100.0,041 1441 I TIC 0 ommIn0strnamee0, 11141 *414 0 SUCCULENTS illiti CACTI I=TBIMtEM=alIllIllIlallnl. 1441011101104 03.1.1r0.1.1.041VAI rf.,0704,494/4.1,.. AlITCRW.41.1.10740 s 44 IIII.IIII.M.IIIIIII 10140 4140 11100*1 *01 Wt0T-001I910 I. , . rrt KM 1. ttl, 1111111ViMill......1 1140 Ir. (MP , ..ftv,r . GRIMM) COVER tosnamic 0 - sl• 1.4-11, ftwIl, .0"... 4,X1,,,, P. IEGIE17110.0f. CP011.0 4. I 6tC 01009E1100001 I. U A 1100.7 lE9E110 [VMS FtNff 5111-00.491.6 OJANTITEN FOR ra 1:1149:CPM1, lit1T1,1 FLCOR 10000 IA..; - El GONGRYIVAl, L144064444PE moo+ FOURTH MOOR 11011*141407 407441:4 nor 0130/11•11. MIVI•01:11•• ,11N - 111.1.14•99.1 I L 6,1•6,11 1131.110111.11161 [ . • • .ft..A...-.1•1•0 Pinit'..744...;; .. ..•• •... 110.11•In • nfbarLL •t. .101/JUN Pn. WIMIRA ARMED WATER ALLOWANCE CALCIRJMON: Yr • ..nr/rell Y11•11•311,1.110KIDMIK,108 r• COSt1•1101600.r0.0.61.KU1 U • •113.11.111.1.10•11 IA • 11.14•M0TIAP/0111!..11%401.09 ./. 10 • adr.15•1•71.1111.1.6• *Mr AA • 401044* OS01,101•MUUVIIIPUIrk.WOUNONUIV 1,) U • reArr ranUrt r mouvkILM ird0•61•11 Wr•Ift01041/13.1A1•111.14131,11 • MI leall X 01X22/141 •mcmtu.1) WWNINIAMEO WRENN 41A! GALLCN9 PER MIA MeinigaiglatiglEIVI CULATION. 8••••Orn• ler onor •• war .1). •••• 0••04040*11Vo40r4*rp• yrs ••••J ••••••••••tr0 •••••••••r•ar.13.1.3100..11••• 440014* 1) 14•4110•1.410%.•/1•00 gur roma. $00. 02...I du •••• .3r1 • • 111•20114104*1. arm a". 0211.1:010.10WI OW El* ON 111.1......1•1•1111.r ••‘•• •••••,•• • run• 0111101.141,1= • a/ • ft.OMBIL tpu dq• • X• rug •111.011 •as Irtre•NUICRIAMI• :14 IAA MIMED TOTAL WWI USE 4,111111401600111011 — MIME& made Ire rarUnr=0:4017 rum •• MUMS nurUnte•Narl ~O. SECOND FLOOR • _ rf2r.:::k•-•-;••• - — --e SITE IFIRST FLOOR PLAN NCO WEENYDROWNE DATA THIRIFFLOOR FOURTH FLOOR taggssmaggroscoxis To it IIPLINNIED WPM TM MUM 1 OM n...1.0 MOM= d"...1 WO. c••••matru H an wl••••1• Carr 11••••••••• Wen. toiroarrnr Rr. •••••••• L••Cit .111111.1.1. 10140106144.3 I 14*54* la Kiruna. 1.••••••••0 Orr WI..../APATX115‘... ••• lut•s• ••• rt. 40551 tram vo •••••••••111..4.34/0 kr:8C •••••••••• ruldnil• Imale.lernr.0•••...FROUrdig • /14Usra r err norms 1 UM. vd< errea ....1.2411...ral 1. Mao ULM. VIM.. tar 11....R.I.OUTIO1114.1,r11 MOrldir MM..... • prin. COV.I3.1L OUJO MEI ir Warr n••••2 A. 0.1 5111,11 natoIC rAerf 17,18 Vt. Ult reditOVPS•••••••••••LOVII tr1 01 rOUR.1 4*0*0*1004*40.0101 NriOrt•••••••••,•runa wtor on% uar ••• hO WM UMW •J‘ rya Perri 141:010411 er cr. 1hSt1I4fl,ffisllIM •lorwur arra. AR= Ira••••• 00.114 awes/wan erg.. In WIC, • raw+ wer grr uvoner ow, too .6 01•044e 1•10•••••••••••irrOOMMMUM•111•VOnr1 •rmi. 4•01,4300., ISK • riti•Ifter. Itaban.l. !Warm 04 .0 ourt to...,•4•1 ••••10,13••••••••• no or nu 1 Or. tonlearrirell.. 140.111.inn MIMS( Warn". • OM,. 1•Milmon2 dl•••1•Mt • ••111K1. 011.11,,IM•Of • r”.••01.0. Wan* •19000 •2,..1•Te 1•Yrnetik,F 3 •di ter. tr 1.11 shau.11,11...491 MOM+ ty... LSI CI.• ACWIRAMMONFOR INTIAMERJWITR SI 10U1911,411 arm., on a Wed on4*..”10/..a.to inroatunu 4.1. song en• 1.4 ion. Prom MAW. IR Werra •0.•••••10.1m c• '40445011110l011144fl411504440j01 thENAMMEM&CIMMESINJ 1 r 1•••(•1, bad. Mt et /turn( .14•nra Irxre r• la runt 0411 re lit WI, Mr./1MM. no. 1. IMF rt. IMAM 1101.114110101 RCM irehrt tiC01110CM:11004 0.1.1,144111! MIVI. rare( 4Y •• Ir... 1.0.1 .4*.4440100100041..11•0•••11441 of =MS rarer •••trra rmn an. 20 II 10 20 so •• SCALE: •," VCR gal( 6r4-- MINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CITY OF CARLSBAD CITY COUNCIL (Joint Special Meeting) November 17, 2015 6:00 p.m. City Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Blackburn, Schumacher, Wood, Packard INVOCATION: None. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Blackburn led the Pledge of Allegiance. APPROVAL OF MINUTES: None. PRESENTATION: Mayor Hall presented a proclamation in recognition of National Hospice and Palliative Care Month. Present were: Sharon Lutz, Executive Director; Ray Patchett, Board President; Bobbie Hoder, Immediate Past President; Board members Mike Davis, Lisa Rodman and Fr. Doran Stambaugh; and staff member, Shelly Dew. PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: None. CONSENT CALENDAR: Motion by Mayor Pro Tern Blackburn and seconded by Council Member Wood to approve items 1-10. Motion carried unanimously. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. AB #22,148 — Adopted Resolution No. 2015-292, awarding 37 master agreements for civil engineering, traffic engineering and design, transportation planning, storm water engineering, wastewater engineering, structural engineering, geotechnical engineering, surveying, underground utility location and potholing, real property, environmental/planning, financial, communications and outreach, construction management, architecture/bridging, electrical/mechanical/plumbing design, solar photovoltaic design, interior design, and last planner services to various contractors. 2. AB #22,147 —Adopted Resolution No. 2015-291, accepting the bid and awarding the contract to Bear Electrical Solutions, Inc. for traffic signal maintenance and operations, Bid No. 16-04, for an initial amount not to exceed $1,267,000 in the initial one year and seven month term of the agreement. November 17, 2015 Carlsbad City Council and Carlsbad Water District Board Joint Special Meeting Page 2 3. AB #22,136 — Adopted Resolution No. 2015-278, appointing Frank Idris, representing Legoland California Resort to the Carlsbad Tourism Business Improvement District Board (CTBID), and Resolution No. 2015-279, reappointing Kimberly Malaspina (Akers), representing West Inn and Suites, to the CTBID. 4. AB #22,140 — Adopted Resolution No. 2015-283, appointing Gary Sims, representing Omni La Costa Resort and Spa, to the CTBID. 5. AB #22,143 — Adopted Resolution No. 2015-286, accepting bids and awarding contract to American Asphalt South for the construction of the Slurry Seal Project No. 6001-15, in the amount of $1,506,824. 6. AB #22,142 — Adopted Resolution No. 2015-285, authorizing the city manager to execute a lease agreement with Terracare Associates, Inc. for a park maintenance building located within Aviara Park (6440 Ambrosia Lane). 7. AB #22,145 — Adopted Resolution No. 2015-288, revising Hourly Salary Schedule and approving pay increases for hourly (part-time) employees below minimum wage. 8. AB #22,141 — Adopted Resolution No. 2015-284, approving out of state travel for the Police Chief to attend the graduation ceremony of a police lieutenant from the FBI National Academy in Quantico, VA. 9. AB #22,146 — Adopted Resolution No. 2015-289, authorizing out-of-state travel for police department staff to attend the Internet Crimes Against Children (ICAC) Florida Regional Conference in Orlando, Florida; and, approval of Resolution No. 2015-290, authorizing out- of-state travel for police department staff to attend the Internet Crimes Against Children (ICAC) 2016 National Law Enforcement Training on Child Exploitation Prevention in Atlanta, Georgia. 10. AB #22,144 — Adopted Resolution No. 2015-287, approving the replacement of existing WAN Systems with Managed WAN Services, and appropriating $53,447. ORDINANCE FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: None. PUBLIC COMMENT: Greg Cramer, former La Costa resident spoke to the City Council regarding a condemned home. PUBLIC HEARING: 11. AB #22,137 — Approval of Resolution No. 2015-280, declaring and designating Valley Street between Chestnut Avenue and Magnolia Avenue and a portion of Magnolia Avenue approximately 500 feet east of Valley Street as Underground Utility District No. 20, Project No. 6019, and making orders in regard thereto. November 17, 2015 Carlsbad City Council and Carlsbad Water District Board Joint Special Meeting Page 3 City Manager Dodson introduced the item. Associate Engineer Jonathan Schauble presented the report and PowerPoint presentation. No public speakers. ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Wood, to approve Resolution No. 2015-280. Motion carried unanimously Mayor Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District Board of Directors at 6:15 p.m. Meeting reconvened at 6:16 p.m. with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 18. AB #22,149 — Options for City Council consideration on the Referendum Petition entitled "Referendum against an Ordinance Passed by the Carlsbad City Council, Ordinance No. CS- 283" — Agua Hedionda South Shore Specific Plan. Mayor Hall introduced Assistant City Manager Gary Barberio who presented the report and PowerPoint presentation. Speakers in Support of project and to hold a Special Election in February 2016: Matt Middlebrook, Carruso Affiliated, Julie Baker, Jimmy Ukegawa, Leo We/rich, Maureen Simons, Donald Moote, Klaus Kirchhoff, Joan Scheppke, Vernon Melvin, Bonnie Dominguez, Paul Berlin, Sandra, James Courtney, Bill Dominguez, Angela Behrens, Richard Eckfield, Dave Ku/chin, Marlaine Hubbard, Lisa Rodman, Carl Pope, Joan Wilson, Fran Natale, Tim Stripe, Kerry Seikmann, Arnie Cohen. Speakers in Opposition of the project and request to hold election at either the June 7, 2016 Statewide Primary Election or the November 8, 2016 Statewide General Election: Group representative Cori Schumacher, Group representative Bridget Wright, Citizens for North County, Rosanne Bentley, Ronald Zawistowski, Bill Fowler, Natalie Shapiro, Lillian Carrigan, Brian Mclnery, Lisa McKethan, Barbara Morgan, Michael Schertzer, Dianne Nygaard, Jodi Good, Dr. Michael Byron, Fred Sandguist, Linda Breen, Amanda Mascia, Chris Murrane. Council Member Wood left dais at 7:12 p.m. and returned at 7:15 p.m. Council Member Wood left dais at 8:1.9 p.m. and returned at 8:21 p.m. Mayor Hall called a recess at 8:22 p.m. and returned to regular session at 8:32 p.m., with all Council Members present. Staff recommended that the City Council review the ballot title options: Original and proposed strikeout/underline as follows is staff recommendation: Shall Ordinance No. CS-283 of the Carlsbad City Council adopting the Agua Hedionda South Shore Specific Plan (203.4 acres east of the I-5 freeway between the Aqua Hedionda Lagoon and Cannon November 17, 2015 Carlsbad City Council and Carlsbad Water District Board Joint Special Meeting Page 4 Road), which designates 21.6 acres of additional provides-fer--inereesed open space acreage, for a total of 176.7 acres of open space for public access to open space, enci-preservation of natural habitat, and agriculture, on 176.7 acres andalong with development of 585,000 square feet of visitor-serving commercial, dining, entertainment and recreational uses on the remaining 26.7 acres be adopted? City Council agreed by majority to make staff's recommended changes and requested that Resolution Nos. 2015-293, 2015-296 and 2015-297 reflect the following amendment: "Shall Ordinance No. CS-283 of the Carlsbad City Council adopting the Agua Hedionda South Shore Specific Plan (203.4 acres east of the 1-5 freeway between the Agua Hedionda Lagoon and Cannon Road), which designates 21.6 acres of additional open space, for a total of 176.7 acres of open space for public access, preservation of natural habitat, and agriculture, along with development of 585,000 square feet of visitor-serving commercial uses on 26.7 acres be adopted?" ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Wood. Motion carried unanimously to approve Resolution Nos. 2015-293, 2015-296, and 2015-297, to modify Resolution No. 2015-296 with amendments with the modification of the ballot as approved by City Council, and the assignment of the due date for ballot arguments be determined by the City Clerk in conjunction with the Registrar of Voters and published on the city website. Minutes Motion made by Council Member Schumacher to "Direct the city manager to work with staff in an informational role to give a fair presentation of the facts to the public within the bounds of the law and without advocating for or against the passage of the measure," seconded by Council Member Wood. Motion carried unanimously. Mayor Hall called a recess at 9:27 p.m. and returned to regular session at 9:32 p.m., with all Council Members present. PUBLIC HEARINGS CONTINUED: 12. AB #22,138 — Approval of Resolution No. 2015-281, approving Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 to allow for the construction of a 21,158 square-foot, four- story mixed use building and the purchase of 23 in-lieu parking fees on a 0.32-acre site on the southeast corner of Grand Avenue and Madison Street in Land Use District 1 of the Village Review Zone and in Local Facilities Management Zone 1. Council Member Packard recused himself as he is a property owner within the project area. He left the dais at 9:32 p.m. City Manager Dodson introduced the item. Associate Planner Shannon Werneke presented the report and PowerPoint presentation. Speakers in Support: Gary Nessim. November 17, 2015 Carlsbad City Council and Carlsbad Water District Board Joint Special Meeting Page 5 ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Wood to approve Resolution No. 2015-281. Motion carried 4-0, with Council Member Packard abstaining. Council Member Packard returned to the dais at 9:51 p.m. 13. AB #22,139 — Approval of Resolution No 2015-282, approving Carlsbad Tract CT 15-08, Non- Residential Planned Development Permit PUD 15-16, Site Development Plan Amendment SDP 03-02(A), Conditional Use Permit Amendment CUP 03-01(A), and Coastal Development Permit Amendment CDP 03-04(A) to create 172 timeshare airspace condominium units within 11 buildings, 88 hotel rooms in one building, a 17,000 sq. foot resort building with meeting room and restaurant, a pool recreation area, and onsite parking with a 10.3% reduction for common parking facilities on approximately 11 acres generally located south of Cannon Road and east of Legoland Drive in the Mello ll segment of the Local Coastal Program and Local Facilities Management Zone 13. Mayor Hall introduced the item. Senior Planner Christer Westman who presented the report and PowerPoint presentation. Mayor Pro Tern Blackburn left the dais at 9:52 p.m. and returned at 9:54 p.m. Speakers in Support: Tim Stripe ACTION: Motion by Mayor Pro Tern Blackburn, seconded by Council Member Wood to approve Resolution No. 2015-282. Motion carried unanimously PUBLIC COMMENT: None. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: ADJOURNMENT: Meeting was adjourned at 10:04 p.m. Shelley Collin , MC Assistant City Clerk Shelley Collins, Assistant City Clerk MINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: CARLSBAD MUNICIPAL WATER DISTRICT BOARD (Joint Special Meeting) November 17, 2015 6:15 p.m. 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: 6:15 p.m. ROLL CALL: Hall, Blackburn, Packard, Schumacher, Wood INVOCATION: None. PLEDGE OF ALLEGIANCE: Vice Chair Blackburn led the pledge. APPROVAL OF MINUTES: None. PRESENTATIONS: None. CONSENT CALENDAR: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 14. AB #821 — Adopted Resolution No. 1536, authorizing the Executive Director to execute the first amendment to the Lease Agreement with Crown Castle GT Company LLC for a cell tower located at the Twin D Tank sites (6640-6650 Black Rail Road). 15. AB #820 — Adopted Resolution No. 1535, quitclaiming a portion of a water line easement located within Lot 5 of Map 3179 and all of a water line easement located within Lot 5 of Map 3179, PR 15-84. 16. AB #823 —Adopted Resolution No. 1538, awarding eight master agreements to Infrastructure Engineering Corporation, Kleinfelder, Inc., Willdan Financial Services, Raftelis Financial Consultants, Inc., Ninyo & Moore, Southern California Soil & Testing, Inc., Underground Solutions, Inc., Burns & McDonnell Engineering company, Inc. 17. AB #822 — Adopted Resolution No. 1537, approving the guaranteed maximum price from CDM Constructors, Inc. and appropriating $521,400 in additional funds for the Carlsbad Water Recycling Facility Phase III Expansion, Project No. 5209. ORDINANCE FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: None. DEPARTMENTAL AND CITY MANAGER REPORTS: None. PUBLIC COMMENT: None. ADJOURNMENT: Meeting was adjourned at 6:16 p.m.