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:
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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.
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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:
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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
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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
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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:
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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
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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
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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
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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,
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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.
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(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
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NOES: None.
ABSENT: None.
ABSTAIN: Council Member Packard.
NOT TO SCALE
The Grand Madison
C1-15-04/RP15-06
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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-
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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
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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.
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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,
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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.
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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
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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.
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Conditions:
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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,
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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
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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
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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
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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
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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,
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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.