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HomeMy WebLinkAbout2017-05-23; City Council; ; A Tentative Tract Map and Major Review Permit to demolish an existing office building, and construct a four-story, 45-foot tall residential building on a site located at 2501 State St Case Name: Ocean Case No: CT 16-02Page 103 CAReview~ 9 CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: May 23,2017 Mayor and City Council Kevin Crawford, City Manager Greg Fisher, Associate Planner greg.fisher@carlsbadca.gov or 760-602-4629 A Tentative Tract Map and Major Review Permit to demolish an existing office building, and construct a four-story, 45-foot tall residential building consisting of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street. Ocean CT 16-02/RP 16-08 (DEV 15-087) Recommended Action That the City Council hold a public hearing and adopt a resolution approving Tentative Tract Map No. CT 16-02 and Major Review Permit No. RP 16-08 to demolish an existing office building, and construct a four-story, 45-foot tall residential building consisting of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street. Executive Summary The property owner/developer, MJFN HOLDINGS, LLC, is seeking approval of a Tentative Tract Map and Major Review Permit to demolish an existing one story office building (Soil Retention) for the construction of a four-story residential use building. The proposed residential building includes 17 residential air space condominiums within a 36,518 square foot building, having a 17J31 square foot building foot print. On March 15, 2017, the Planning Commission conducted a public hearing and recommended approval (6-1, Commissioner L'Heureux voting no) with no added conditions. Discussion The 0.487-acre project site is located on the north side of State Street at the intersection of State Street and Laguna Drive, and is currently developed with a one story office building and surface parking. The project site is located within Land Use District 4, Residential Support Area, of the Village Master Plan which lists multiple-family residential projects as a permitted use. The applicant's vision for the architectural design is characterized as coastal contemporary and utilizes form, materials and colors to reinforce this theme. The entire lower floor ofthe proposed building incorporates a manufactured stone veneer including decorative banding contrasted by enhanced landscape planters to provide a rich pedestrian experience along the streetscapes. Townhomes were placed on the ground floor to continue the neighboring context and streetscapes to provide pedestrian scale and continuity. All units have been designed to capture views, light and indoor/outdoor spatial relationship through the use of large patio doors, Page 104 windows and decks. Building corner massing, projecting roof features and deck locations of the upper floors have been stepped back to emphasize the lobby and living space and enliven the street scene below. Material changes and clearly defined offsets are utilized to break the building mass consistent with the village character. Such material changes include stone veneer, wood siding, horizontal metal and glass railings, multiple stucco colors, tinted glazing, and decorative metal trim. The residential building ranges in height from 42' to 45', with the elevator and stairwells up to 52'. Residential units range in size from 1,904 SF to 2,364 SF with the penthouse unit 3,605 SF in size. All of the required residential parking is provided on site within a covered parking garage. During the initial review process, no formal public written comments were received in opposition to the project. Staff did spend a significant amount oftime answering questions from perspective buyers within the adjoining Seagrove project by Taylor Morris, pertaining to views. Staff received a letter the day before the Planning Commission public hearing opposing the project density, and a phone call the day of the public hearing with concerns of parking and traffic along State Street. This complaining party was in escrow to purchase a residential unit within Seagrove, and also spoke in opposition to the project at the public hearing. At the Planning Commission meeting, several speakers (total of 6) expressed concern with respect to inadequate parking, increased traffic, pedestrian safety, vehicle speeding along State Street, view impacts and building height, while one person spoke in favor ofthe project. Planning Commission discussion focused on traffic, public safety issues, concerns with the roof deck and development standards such as building height and visitor parking. Commissioner L'Heureux did not support the project and had general concerns with the proposed roof deck and traffic safety along State Street. Because of resident and Planning Commissioners concerns, the Planning Commission requested the Traffic and Mobility Division evaluate the site conditions for this project in advance of the City Council meeting and validate whether there are traffic-related issues along State Street. Based on the most recent speed survey, staff determined that traffic calming measures would be appropriate for State Street. Slower vehicle speeds on State Street will address a number of traffic-related issues. Staff has received comments about limited parking in the area, but is waiting for the parking management plan to be completed before implementing any changes. Also, in the vicinity ofthe project site, driveways will be analyzed by staffto ensure they meet sight distance standards. For driveways that do not meet sight distance standards, Public Works staff will install red curb to restrict parking and provide recommended sight distance. Further details are provided in the attached Traffic and Mobility Division response letter. The project meets all development standards outlined in the Village Master Plan for District 4 including density, setbacks, building height, building coverage, roof pitch, and open space. Staff's full analysis of compatibility with the General Plan and the Village Master Plan and Design Manual is contained in the attached Planning Commission Staff Report dated March 15, 2017. As discussed in the staff report, given the surrounding land uses, the existing standards in the Village Master Plan, as well as the enhanced architectural design, the project generally meets the intent of the Village Master Plan. High intensity development is allowed through the implementation of the existing standards, which allow for a 45-foot tall building, limited setbacks and 100 percent building coverage. The City's Housing Policy Team reviewed the proposed project and Page 105 recommended allowing the applicant to purchase three (3) housing credits within the Tavarua Affordable Housing Project to satisfy its affordable housing obligation. Pursuant to the Village Master Plan, City Council approval is required for new construction exceeding a permit valuation of $150,000. Fiscal Analysis All required improvements needed to serve this project would be funded and/or constructed by the developer. Next Steps City Council's action on this item is final. Environmental Evaluation (CEQA) The project is exempt from the requirements ofthe California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-fill Development Projects). Climate Action Plan (CAP) Consistency Based on the project type and size (17 multi-family residential dwelling units), the project is not subject to the City's Climate Action Plan in that the project is well below the threshold of 900 MT C02e that would typically be generated by 70 dwelling units. Public Notification Information regarding public notification 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 2. Location Map 3. Planning Commission Resolution No. 7229 4. Planning Commission Staff Report dated March 15, 2017 (without Planning Commission Resolution No. 7229) 5. Planning Commission minutes dated March 15, 2017 6. Traffic Department response to comments RESOLUTION NO. 2017-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND MAJOR REVIEW PERMIT TO DEMOLISH AN EXISTING OFFICE BUILDING, AND CONSTRUCT A FOUR-STORY, 45-FOOT TALL RESIDENTIAL BUILDING CONSISTING OF 17 MULTI-FAMILY RESIDENTIAL AIR SPACE CONDOMINIUM UNITS ON A 0.487- ACRE PROJECT SITE LOCATED AT 2501 STATE STREET. CASE NAME: OCEAN CASE NO.: CT 16-02/RP 16-08 (DEV15087) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 15, 2017, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map No. CT 16-02 and Major Review Permit No. RP 16-08 and adopted Planning Commission Resolution No. 7229, recommending approval of Tentative Tract Map No. CT 16-02 and Major Review Permit No. RP 16-08; and WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider said Tentative Tract Map and Major Review Permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Tentative Tract Map and Major Review Permit. 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. 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map No. 16-02 and Major Review Permit No. 16-08, is approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7229, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. The approved CC&Rs shall include the following provisions: a) A reminder that short-term vacation rentals are prohibited within the project; and b) The HOA shall establish guidelines for use of the common roof deck space in order to minimize noise impacts to the adjacent properties. 4. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply. Page 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 7229 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND MAJOR REVIEW PERMIT TO DEMOLISH AN EXISTING OFFICE BUILDING FOR THE CONSTRUCTION OF 17 MULTI-FAMILY RESIDENTIAL AIR SPACE CONDOMINIUM UNITS ON A 0.487-ACRE PROJECT SITE LOCATED AT 2501 STATE STREET IN LAND USE DISTRICT 4 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: OCEAN CASE NO.: CT 16-02/RP 16-08 WHEREAS, MJFN HOLDING, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as: Northwesterly 100 feet of the southeast 185 feet of lot 18 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921, the northwesterly and southeasterly lines thereof being parallel with the dividing line between lots 17 and 18 in said Seaside Lands r'the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and a Major Review Permit as shown on Exhibit(s) "A" -"NN" dated February 15, 2017, on file in the Planning Division, CT 16-02/RP 16-08-OCEAN, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 15, 2017, 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 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) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CT 16-02/RP 16-08 -OCEAN based on the following findings and subject to the following conditions: Page 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Tentative Tract Map, CT 16-02 1. 2. 3. 4. 5. 6. 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 one lot tentative tract map for a 17 airspace condominium subdivision is consistent with the General Plan and satisfies all minimum requirements of the Village Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code 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 District 4 -Residential Support Area, of the Village Master Plan. The subject property is bordered to the north by a three story office building and the Maxton Brown Park; to the south by a newly constructed 47 unit three story air space residential condominium project (Seagrove by Taylor Morrison); to the east by an established 21 unit three story air space residential condominium project (Laguna Point); and to the west by the North County Transit District storage yard and parking lot. Pursuant to land Use District 4 of the Village Master Plan, the intent is to provide for a gradual transition in this district to a mix of higher quality commercial and residential uses which will provide positive support for the District 1 Village Center and reinforce the Village area north of Beech Street as a quality residential neighborhood. 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. Based on a net acreage of 0.487 acres, the proposed 17 residential condominium units have a density of 34.89 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project is consistent with this finding. 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. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed multi-family residential units have an east-west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources in that the project is required to provide a total of three (3) inclusionary units. Specifically, the applicant proposes PC RESO NO. 7229 -2- Page 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. to purchase three housing credits within the Tavarua Housing project or an alternative solution will need to be authorized by the City Council, to satisfy their inclusionary housing obligations prior to the issuance of a building permit. As such, the project has been conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. 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 previously developed infill lot is devoid of sensitive vegetation and any natural water features; therefore, the proposed project 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. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street can accommodate the estimated 136 average daily trips (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 16-08 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 February 15, 2017, including, but not limited to the following: A. Land Use: The proposed project, which includes the demolition of an existing one story office building located at 2501 State Street and the construction of 17 new townhomes, will enhance the vitality of the Village, specifically Land Use District 4 (Residential Support Area), by providing new residential land uses in close proximity to the downtown core area as well as the train station. The project reinforces the pedestrian- orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Further, the proposed project contributes towards the overall goal of creating a quality residential neighborhood north of Beech Street in that an older commercial land use (office building) is proposed to be removed and replaced with 17 high-quality townhomes which exhibit a coastal Contemporary architectural design. Overall, the residential project will contribute towards the revitalization of the Village area. B. Housing: The proposed project is consistent with the Housing Element of the General Plan and the City's lnclusionary Housing Ordinance, in that the proposed project is conditioned to purchase three housing credits to fully satisfy the inclusionary requirement. On March 17, 2016, the City's Housing Policy Team recommended approval of the above-noted proposal. The provision for inclusionary housing will contribute towards achieving the city's Regional Housing Needs. The project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. PC RESO NO. 7229 -3- Page 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. D. E. F. Circulation: State Street can accommodate the estimated 136 ADTs. In addition, all required public right-of-way has been, or will be, dedicated and improved to serve the development. The circulation has been designed in relationship to the proposed residential land use and available parking. Public improvements including but not limited to curb, gutter, and sidewalk will be constructed to serve the proposed project. Public Safety: The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CBC} and State building requirements. Additionally, the proposed project design is consistent with all of the applicable fire safety requirements; and the entire building is designed to be sprinkled in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. Furthermore, 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. Noise: The project site is primarily impacted by noise from the train which is located approximately 415 feet to the west of the project site. The proposed project is consistent with the Noise Element of the General Plan in that the project has been conditioned to comply with the recommendations of the noise analysis report (Michael Baker International, dated August 2016) to ensure that the proposed building design adequately attenuates the noise levels for the new condominiums. While no significant impacts were identified, the Noise Impact Study recommendations include 1) sound rated windows and entry doors for residential units located along the southern and eastern portions of the development, and 2) noise attenuating treatment (42 inch high barrier) for the outdoor deck areas located within the same portions of development noted above. Land Use District 4 Standards: The project as designed is consistent with the development standards for Land Use District 4, the Village Design Guidelines and all other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. The project is not requesting any deviations to the development standards. City Council Policy No. 43, Allocation for Excess Dwelling Units 12. 13. 14. That the City's Housing Policy Team recommended approval of the request for an allocation of 17 units from the EDUB on March 17, 2016. That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven (7) or more units, not less than 15% of total units shall be restricted both as to occupancy and affordability to lower income households. The proposal to construct 17 multi-family condominium units is satisfying its inclusionary housing obligation through the purchase of three (3) housing credits within the Tavarua Affordable Housing Project if available at time of building permit issuance, or an alternative solution will need to be authorized subject to City Council approval. The project has been accordingly conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. 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 adjacent mix of residential and non-residential land uses and anticipated uses in that Land Use District 4 of the Village Master Plan is intended to provide for a gradual transition in this district to a mix of higher quality commercial and residential uses which will provide positive support for the District 1 Village Center and reinforce the Village area north of Beech Street as a quality residential neighborhood. PC RESO NO. 7229 -4- Page 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 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 the Village {V) General Plan land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.487 acres, the proposed 17 residential condominium units have a density of 34.89 dwelling units per acre. The proposed project is consistent with the intent of land Use District 4 of the Village Master Plan and will contribute towards the overall revitalization of the Village Area. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to allocate 17 units. Per the city's Quadrant Dwelling Unit Report {dated November 2016), 759 units remain available for allocation in the Village. California Environmental Quality Act: 17. General 18. 19. 20. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. B. c. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 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. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 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. PC RESO NO. 7229 -5- Page 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Major Review Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 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. 8. 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. PC RESO NO. 7229 -6- Page 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 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. 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. 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(s} No. 7229 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute 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 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. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 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. 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 issuance 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. PC RESO NO. 7229 -7- Page 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. B. c. D. E. 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. 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 against 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 limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien 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 HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ____ , This project is being approved as a condominium permit for residential ownership purposes. If any ofthe 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. 17. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach PC RESO NO. 7229 -8- Page 117 1 2 3 4 5 6 7 8 9 10 11 12 13 18. 19. 20. replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase three (3} inclusionary housing credits within the Tavarua Affordable Housing Project if available at time of building permit issuance or an alternative solution will need to be authorized subject to City Council approval. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Prior to recordation of the parcel map, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). Prior to issuance of the building permit, verification shall be submitted confirming that the buildings have been designed to comply with the recommendations of the noise study prepared for the project (Michael Baker International, August 2016}. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of 14 this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General 21. 22. 23. 24. 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. 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. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs 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, landscaping, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc., located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Developer shall include rain gutters and storm drain piping system on the building plans to route storm water to the proposed raised planters/podium (Biofiltration BMPs} on building decks and patios as shown on the tentative map/site plan to satisfaction of the city engineer. 25. 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. PC RESO NO. 7229 -9- Page 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Landscape Manual and City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 27. 28. 29. 30. 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. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 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. Developer shall replace the existing 8" ACP waterline with an 8" C900 DR 14 pipeline as shown on the tentative map. Developer shall enter into Reimbursement Agreement with CMWD for the cost of the material, fittings and appurtenances to the satisfaction of the District Engineer, City Attorney and Finance Director. Grading 31. 32. 33. 34. Upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit forth is 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. Developer shall coordinate with the adjacent property owners for the temporary removal and replacement of the existing driveway and portions of existing parking area located within the existing CMWD easement during the installation of the proposed water and sewer lines as shown on the tentative map. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. 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 ofthe above requirements. 35. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) 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. PC RESO NO. 7229 -10- Page 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. 37. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP}, subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 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 38. 39. 40. 41. Developer shall cause owner to dedicate State Street to the city and/or other appropriate entities for the public street and public utility and access purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. Developer shall cause owner to vacate excess street right-of-way as shown on the tentative map to the satisfaction of the city engineer. 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. 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 in the tentative map, per city standards to the satisfaction of the city engineer as 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. B. c. D. E. F. Driveway approaches as shown on the tentative map. Remove and replace existing curb and gutter and sidewalk as shown on the tentative map. Grind and overlay existing AC pavement, half street width, as shown on the tentative map. Remove existing public 10" VCP sewer line and replace with 12" PVC C 900 DR 14 sewer line as shown on the tentative map. Reinstall existing sewer services. Modify existing upstream and downstream manholes for compatibility with the new 12" PVC sewer line. Remove existing public 8" ACP waterline and replace with an 8" PVC C 900 DR 14 as shown on the tentative map. Reinstall existing water services. 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. PC RESO NO. 7229 -11- Page 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42. 43. Developer shall provide all-weather maintenance access roads to the public drainage facilities for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low-maintenance design features to the satisfaction of the city engineer. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative map. Sewer services shall be provided to the satisfaction of the city engineer. Non-Mapping Notes 44. Add the following notes to the final map as non-mapping data: A. B. c. D. E. 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: A. Driveway approaches as shown on the tentative map. B. Remove and replace existing curb and gutter and sidewalk as shown on the tentative map. C. Grind and overlay existing AC pavement, half street width, as shown on the tentative map. D. Remove existing public 10" VCP sewer line and replace with 12" PVC C 900 DR 14 sewer line as shown on the tentative map. Reinstall existing sewer services. E. Modify existing upstream and downstream manholes for compatibility with the new 12" PVC sewer line. F. Remove existing public 8" ACP waterline and replace with an 8" PVC C 900 DR 14 as shown on the tentative map. Reinstall existing water services. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnica I Caution: 1) 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 geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 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. 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. PC RESO NO. 7229 -12- Page 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Utilities 45. 46. 47. 48. 49. so. 51. 52. Developer shall meet with the fire marshal to determine if fire protection measures {fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 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. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. The developer shall design and construct public water, and sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. The developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. Code Reminders: 53. 54. 55. 56. 57. 58. Developer shall pay park-in-lieu fees to the City, prior to the approval of the parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 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. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 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. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. This tentative parcel map shall expire two years from the date on which the City Council votes to approve this application. PC RESO NO. 7229 -13- Page 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 59. 60. 61. 62. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual or subsequent plan, and shall require review and approval of the City Planner prior to installation of such signs. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 oft he City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan/tentative map are for planning purposes only. PC RESO NO. 7229 -14- Page 123 1 2 3 4 5 6 7 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 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 8 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 9 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7229 -15- Page 125 EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION ltemNo. G) P.C. AGENDA OF: March 15, 2017 Application complete date: October 6, 2016 Project Planner: Greg Fisher Project Engineer: Tecla Levy SUBJECT: CT 16-02/RP 16-08-OCEAN-Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4-Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 {In-fill Development Projects) ofthe State CEQA guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7229 RECOMMENDING APPROVAL ofTentative Tract Map CT 16-02 and Major Village Review Permit RP 16-08 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.487-acre project site is generally located on the west side of State Street at the intersection of State Street and Laguna Drive. More specifically, the property is addressed as 2501 State Street. The project site is located within Land Use District 4 -Residential Support Area of the Village Master Plan and is located outside of the Coastal Zone. Topographically, the site is generally flat with little variation in height between the front and rear property lines. The property is currently developed with an office building. Table 1 below identifies the General Plan designations, zoning and current land uses ofthe project site and surrounding properties. TABLE 1-SURROUNDING LAND USES Location General Plan Zoning Current Land Use Site Village (V) Village Review (V-R) 7,912 SF Commercial building (Soil Retention Systems) North Village (V) Village Review (V-R) Office Building and Maxton Brown Park South Village (V) Village Review (V-R) Multi-family residential East Village (V) Village Review (V-R) Multi-family residential West Village (V) Village Review (V-R) Vacant Land-North County Transit District Page 126 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 2 Project Proposal: In general, the project applicant is requesting approval of a Tentative Tract Map (CT) and Major Village Review Permit (RP) to demolish all existing structures located on the property and to construct a 36,518 square foot four-story building consisting of 17 residential air-space condominium units. The project also includes construction of an enclosed, at-grade parking garage that will accommodate a total of 34 on-site parking spaces. The project is satisfying its inclusionary housing obligation through the purchase of three (3) housing credits within the Tavarua Affordable Housing Project. The proposed density of this project is 34.89 dwelling units per acre and will generate 136 average daily traffic trips. Earthwork quantities for the proposed project include 2,000 cubic yards of cut and no fill. Remedial grading also includes the removal andre-compaction of 7,000 cubic yards. Except for the exclusive use areas (i.e., decks), the underlying lot will be held in common interest divided between the 17 airspace condominiums. This common area includes, but is not limited to, the private parking garage, roof deck and landscaping. The proposed residential building ranges in height from 42 to 45 feet with the elevator and stairwells up to 50 feet. Aside from the recreational amenity in the form of a common roof deck located on the roof, the three upper floors (i.e., 2nd, 3rd, and 4th floors) more or less mimic each other in orientation, design and use with most units stacked atop the others and the penthouse unit different than the units below it. Each of the 17 residential units includes a minimum of one deck while some units have two decks. Table 2 below provides a unit summary of each ofthe upper floors: Table 2-UNIT SUMMARY Floor level Unit# No. of Units No. of Bedrooms Living Area 1st TH-A level one 1 2 bedrooms 1,963 sq. ft. TH-B level one 1 3 bedrooms 2,287 sq. ft. 2nd TH-A level two (1)* 2 bedroom 1,963 sq. ft. TH-B level two (1)* 3 bedroom 2,287 sq. ft. Unit C 1 3 bedroom 2,013 sq. ft. Unit D 1 3 bedroom 1,904 sq. ft. UnitE 1 3 bedroom 2,364 sq. ft. Unit F 1 3 bedroom 2,110 sq. ft. 3rd Unit A 1 2 bedroom 1,510 sq. ft. Unit B 1 3 bedroom 2,027 sq. ft. Unit C 1 3 bedroom 2,013 sq. ft. Unit D 1 3 bedroom 1,904 sq. ft. UnitE 1 3 bedroom 2,364 sq. ft. Unit F 1 3 bedroom 2,110 sq. ft. 4th Penthouse 1 4 bedroom 3,605 sq. ft. Unit C 1 3 bedroom 2,013 sq. ft. Unit D 1 3 bedroom 1,904 sq. ft. UnitE 1 3 bedroom 2,364 sq. ft. Unit F 1 3 bedroom 2,110 sq. ft. Total# of units 17 *The unit is included within the rt floor Page 127 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 3 The proposed architectural design is characterized as coastal contemporary and utilizes form, materials and colors to reinforce this theme. The entire lower floor of the proposed building incorporates a manufacture stone veneer including decorative banding contrasted by enhanced planter landscaping to provide a rich pedestrian experience along the streetscapes. Town homes were placed on the ground floor to continue the neighboring context and streetscapes to provide pedestrian scale and continuity. All units have been designed to capture views, light and indoor/outdoor spatial relationship through the use of large patio door, windows and decks. Building corner massing, projecting rooffeatures and deck locations of the upper floors have been stepped back to create hierarchy importance to the lobby and living space to enliven the street scene below. Material changes and clearly defined offsets are utilized to break the building mass consistent with the village character. Such material changes include stone veneer; wood siding, horizontal metal and glass railings; multiple stucco colors; tinted glazing; and decorative metal trim. A Tentative Tract Map (CT) is required for the 17 airspace condominium units. 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. Ill. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan land Use Designation; B. Village Review (V-R) Zone (C.M.C. Chapter 21.35), Land Use District 4-Residential Support Area (Village Master Plan and Design Manual); C. lnclusionary 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. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan land Use Designation The subject property has a General Plan Land Use designation of Village (V). As discussed in the Village Master Plan, properties within the Village Area do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the Village Master Plan. Table 3 below identifies the permissible density range for properties located within Land Use District 4. In addition, the table includes the allowable range for the number of dwelling units based on the size of the project site compared to what is currently proposed. TABLE 3-PROJECT DENSITY Gross Acres Net Acres Allowable Density Range; Project Density; Min/Max Dwelling Units per Village Master Plan Proposed Dwelling units 28-35 du/ac; 34.89 du/ac; 0.487 0.487 Minimum: 13 dwelling units Maximum: 17 dwelling units 17 dwelling units Page 128 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page4 As identified above, the project's density of 34.89 dwelling units per acre falls within the allowable density range of 13 to 17 dwelling units per acre. Pursuant to the Housing Element ofthe General Plan, a Growth Management Control Point has not been established for residential development in the Village, so all residential units approved in the Village must be withdrawn from the City's Excess Dwelling Unit Bank (EDUB}. The City's EDUB is implemented through City Council Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling units shall agree to provide the number of inclusionary units as required pursuant to C.M.C. Section 21.85.050 and shall execute an affordable housing agreement prior to recordation of the final map pursuant to C.M.C. Section 21.85.140. As discussed in Section C below, the proposal to purchase three (3} housing credits is consistent with the inclusionary housing requirements as set forth in City Council Policy No. 43. In addition, the project is accordingly-conditioned to require the execution of the affordable housing agreement prior to recordation of the final map. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and applicable provisions of the General Plan and other applicable planning documents. As discussed in the attached Planning Commission Resolution No. 7229 the proposed project meets these findings which are summarized below: • The project is consistent with the adjacent mix of residential and non-residential land uses and anticipated uses in that Land Use District 4 of the Village Master Plan is intended to provide for a gradual transition in this district to a mix of higher quality commercial and residential uses which will provide positive support for the District 1 Village Center and reinforce the Village area north of Beech Street as a quality residential neighborhood. • The Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.487 acres, the proposed 17 residential condominium units have a density of 34.89 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 4 of the Village Master Plan and will contribute towards the overall revitalization of the Village Area. As the proposed project requires approval from City Council, the City Council is the final decision-making authority for the allocation from the EDUB. The following Table 4 describes how the proposed project is consistent with the various elements of the Carlsbad General Plan. Page 129 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 5 TABLE 4-GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, PROPOSED USES & IMPROVEMENTS OBJECTIVE, OR PROGRAM land Use Goai2-G.17 The proposed residential project, Ensure that the scale and character which includes the construction of 17 of new development is appropriate multi-family residential airspace to the setting and intended use. condominiums, is surrounded by a Promote development that is variety of residential and non- scaled and sited to respect the residential land uses, including a natural terrain, where hills, public three-story office building and the realm, parks, open space, trees, Maxton Brown Park to the north; a and distant vistas, rather than newly constructed three-story tall, 47 buildings, dominate the overall unit residential condominium project landscape, while developing the {Seagrove by Taylor Morrison) to the Village, Barrio, and commercial and south; an established three-story tall, industrial areas as concentrated 21 unit residential condominium urban-scaled nodes. project {laguna Point) to the east; and the North County Transit District Goai2-G.29 storage yard to the west. Maintain the Village as a center for residents and visitors with Given the surrounding context with commercial, residential, dining, respect to land uses, the proposal for civic, cultural, and entertainment a four-story tall residential building is activities. appropriate. Goai2-G.30 The proposed residential use Develop a distinct identity for the development not only provides Village by encouraging a variety of mutually supportive uses in the form uses and activities, such as a mix of of residential opportunity, but residential, commercial, office, reinforces the pedestrian orientation restaurants and specialty retail desired for the downtown area by shops, which traditionally locate in providing new residents an a pedestrian-oriented downtown opportunity to walk to local area and attract visitors and shopping, dining, recreation, and residents from across the mass transit functions. Its close community by creating a lively, proximity to existing bus routes and interesting social environment. mass transit help to further the goal of providing new residential Policy 2-P.70 development near transportation Seek an increased presence of both corridors. Furthermore, the project residents and activity in the Village will contribute to the revitalization of with new development, particularly the Village area in the form of a new residential, including residential as residential building at the northern part of mixed-use development, as end of State Street that will help well as commercial, entertainment create a more active and lively and cultural uses that serve both environment in this area of the residents and visitors. Village. COMPLY Yes Page 130 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 6 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM Mobility Goai3-G.1 Keep Carlsbad moving with livable streets that provide a safe, balanced, cost-effective, multi- modal transportation system (vehicles, pedestrians, bikes, transit), accommodating the mobility needs of all community members, including children the elderly and the disabled. Goai3-G.3 Provide inviting streetscapes that encourage walking and promote livable streets. Sustainability Goai9-G-2 Undertake initiatives to enhance sustainability by reducing the community's greenhouse gas (GHG) emissions and fostering green development patterns- including buildings, sites, and landscapes. Policy 9-P.1 Enforce the Climate Action Plan as the city's strategy to reduce greenhouse gas emissions. PROPOSED USES & IMPROVEMENTS COMPLY The proposed project includes new Yes street trees within the existing sidewalk and planters/landscape along State Street. In addition, the units facing the street each include decks which enhance the streetscape and promote livable streets. The proposed project has been designed to meet all of the circulation requirements, which includes a 24-foot-wide drive isle within the parking garage. The proposed project is located approximately one third mile from the train/Coaster station which provides service throughout the day. The project's close proximity to the transit stop will provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and the carbon footprint. Further, the residential use project supports walkability and mobility by locating the project near existing goods and services, such as the farmers market, medical offices, and other health and beauty related stores. The project will include a bike storage area inside the building parking garage. Based on the project type and size Yes (17 multi-family dwelling units), the project is consistent with the City's Climate Action Plan in that the project is well below the threshold of 900 MT C02e that would typically be generated by 70 dwelling units. The project helps promote outdoor lifestyles. Each ofthe 17 residential units have a minimum of one private deck with an average deck area of 300 SF per unit. The total open space provided for the project is 10,792 square feet or 60 percent which Page 131 CT 16-02/RP 16-08-OCEAN March 15, 2017 Page 7 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM Policy 9-P.10 Decrease the need for artificial cooling, heating and lighting, and promote outdoor lifestyles in Carlsbad's sunny and moderate climate by: • Ensuring that the Zoning Ordinance provides for adequate private and common open spaces as part of multifamily developments. • Encouraging residential and office buildings to have windows that open to the outside in all habitable rooms, and maximize the use of daylight. Policy 9-P .11 Implement the city's Landscape Manual to mitigate urban heat island effects through maximum tree canopy coverage and minimum asphalt and paving coverage, particularly for denser areas like the Village and the Barrio, shopping centers, and industrial and other areas with expansive surface parking. Housing Goai10-G.3 Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion offuture lower and moderate income households. Goai10-P.15 Pursuant to the lnclusionary Housing Ordinance, require affordability for lower income households of a minimum of 15 percent of all residential ownership and qualifying rental projects. For projects that are PROPOSED USES & IMPROVEMENTS COMPLY exceeds the requirements of the Village Master Plan. The proposed residential project will meet the energy reduction requirements of Title 24, incorporate drought tolerant landscaping, include electric vehicle charging spaces, and is designed to accommodate a future solar installation. Given the nature of the product type, attached multi-family units, none of the units have windows on all four elevations. However, the elevations which do have sun exposure, include several windows which maximize the use of daylight. The project includes a landscape plan which has been determined to be consistent with the city's Landscape Manual. The project has been conditioned to Yes enter into an Affordable Housing Agreement prior to the approval of the final map. The Agreement will require the developer to purchase three {3) inclusionary housing credits within the Tavarua Affordable Housing Project if available at time of building permit issuance, or an alternative solution will need to be authorized subject to City Council approval. Residential projects in the Village require allocation of dwelling units from the EDUB. In approving a request for an allocation of excess dwelling units, the project shall meet Page 132 CT 16-02/RP 16-08-OCEAN March 15, 2017 Page 8 ELEMENT USE, CLASSIFICATION, GOAl, OBJECTIVE, OR PROGRAM required to include 10 or more units affordable to lower income households, at least 10 percent of the lower income units should have three or more bedrooms {lower income senior housing projects exempt}. Policy 10-P.18 Adhere to City Council Policy Statement 43 when considering allocation of "excess dwelling units" for the purpose of allowing development to exceed the Growth Management Control Point {GMCP} density, as discussed in Section 10.3 {Resources Available}. With limited exceptions, the allocation of excess dwelling units will require provision of housing affordable to lower income households. Public Safety Goai6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. PROPOSED USES & IMPROVEMENTS COMPLY 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. The proposed project meets these findings which are summarized below: • The project is consistent with the adjacent mix of residential and non-residential land uses and anticipated uses in that Land Use District 4 ofthe Village Master Plan is intended to provide for a gradual transition in this district to a mix of higher quality commercial and residential uses which will provide positive support for the District 1 Village Center and reinforce the Village area north of Beech Street as a quality residential neighborhood. • The Village Master Plan establishes residential density at a range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.487 acres, the proposed 17 residential condominium units have a density of 34.89 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 4 of the Village Master Plan and will contribute towards the overall revitalization ofthe Village Area. The proposed structural Yes improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements. Page 133 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 9 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM Policy 6-P.6 Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. Policy 6-P.34 Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Noise Goai5-G.2 Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Policy 5-P.3 For all projects that require discretionary review and have noise exposure levels that exceed the standards in Table 5-1, require site planning and architecture to incorporate noise-attenuating features. With mitigation, development should meet the allowable outdoor and indoor noise exposure standards in Table 5-2 (45 dBA). When a building's openings to the exterior are required to be closed to meet the interior noise standard, then mechanical ventilation shall be provided. PROPOSED USES & IMPROVEMENTS COMPLY 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. A Noise Impact Study dated (August Yes 2016) in accordance with the City of Carlsbad's Noise Guidelines was prepared by Michael Baker International to determine the noise environment as it relates to any potential noise and/or ground-borne vibration/noise impacts occurring as a result of the projects location near the railroad tracks approximately 415 feet to the west. While no significant impacts were identified, the Noise Impact Study recommendations include 1) sound rated windows and entry doors for residential units located along the southern and eastern portions of the development, and 2) noise attenuating treatment (42 inch high solid barrier) for the outdoor deck areas located within the same portions of development noted above. Page 134 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 10 B. Village Review Zone (C.M.C. Chapter 21.35), land Use District 4-Residential Support Area (Village Master Plan and Design Manual) The subject property is located within Land Use District 4-Residential Support Area of the Village Master Plan. The proposed residential project, which includes the construction of 17 multi-family residential airspace condominiums, is surrounded by a variety of residential and non-residential land uses. These include a three-story office building and the Maxton Brown Park to the north, a newly constructed three- story tall, 47 unit residential condominium project {Seagrove by Taylor Morrison) to the south, an established three-story tall, 21 unit residential condominium project (Laguna Point) to the east, and the North County Transit District storage yard to the west. The specific development standards for new development within land Use District 4 and the project's compliance with these standards are shown in Table 5 below: TABLE 5-VILLAGE MASTER PLAN, LAND USE DISTRICT 4 (RESIDENTIAL SUPPORT AREA) STANDARD REQUIRED/ AllOWED PROPOSED COMPLY Setback: A 10 foot average setback shall be All Floors: Average 10 feet Yes Front Yard required for all floors, including the ground floor. Setback: No minimum or maximum Ground Floor: Side Yards North: 4 feet South: 4 feet U(;!Qer Floors: Northern property line: A Yes setback range from 8.1 feet to 24 feet. Southern property line: A setback range from 4.10 feet to 36 feet. Setback: No minimum or maximum Ground Floor: 1.5 feet Yes Rear Yard U(;!Qer Floors: 9' 11" to 10' 11" Open Space: 20% = 4,245 sq. ft. 60% {10,792 sq. ft.) Yes Open space may be public or private Landscape/Planters: 2,468 sq. ft. and may be dedicated to landscaped Private Balconies: 3,914 sq. ft. planters, open space pockets and/or Roof Deck: 4,410 sq. ft. connections, roof gardens/patios, balconies, other patios and outdoor eating areas. Building Coverage: 100% 84% Yes Building Height: 45ft. maximum Roof Line: 42-45 feet Yes NOTE: The majority of the building is proposed at a height of 42 feet. Page 135 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 11 STANDARD REQUIRED/ AllOWED Pursuant to C.M.C. 21.46.020, the following project related features are allowed protrusions above height limits and are therefore exempted from the maximum building height standard: Roof structures specifically for the housing of elevators and stairways required to maintain and operate the building. Property line 6ft. max Walls/Fences: Parking: Multi-family Dwellings {Outside Coastal Zone}: One (1) space per studio or 1- bedroom; or two (2) spaces per 2- bedrooms or more. Guest: No spaces required for properties located outside of coastal zone For condominiums, at least one space must be covered. Residential development must provide its parking onsite. 17 Residential Condo. Units: 2 units= 2 bedrooms 15 units = 3 to 4 bedrooms 2 spaces x 17 units= 34 spaces 34 spaces required (17 must be covered) Total SQaces Reguired: 34 spaces Compact Parking A maximum 40% ofthe total number of parking spaces provided on-site may be constructed to meet the requirements of a small or compact vehicle. 40% of 34 spaces= 13 spaces allowed PROPOSED COMPlY Elevator and Stairs: 52 feet (10 feet above roof deck) No property line walls or fences Yes are proposed. 34 parking space are provided Yes onsite within an enclosed at- grade parking garage. 7 compact spaces provided. Yes Page 136 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 12 Pursuant to the Village Master Plan, a village scale and character should be emphasized for all future development and property improvements to reinforce Carlsbad Village's uniqueness, enhance its impact as a shopping and entertainment destination and improve its livability as a mixed-use residential environment. Ten basic design principles are utilized in the design review process for property improvements and new construction in the Village. The Planning Commission shall be satisfied that the applicant has made an honest effort to conform to each of these principles. TABLE 6-VILLAGE MASTER PLAN-BASIC DESIGN PRINCIPLES DESIGN PRINCIPLE ANALYSIS 1. Development shall have While the Village Master Plan does not define "informal character," an overall informal the standards in Land Use District 4 include the allowance for a 45- character foot-tall building, a density up to 35 dwelling units per acre, and limited setbacks, including a zero setback along the side and rear property lines. The Village Master Plan, as well as the Zoning Code, allow for a multi-family residential project at this location. The surrounding development includes a three story office building and City park to the north; an established three story tall, 21 unit residential condominium development to the east; a newly constructed three story tall, 47 unit residential condominium development (Seagrove) to the south; and the North County Transit District storage yard to the west. Given the existing setting and development standards, an environment is established which encourages larger, intense development. Notwithstanding the above, to address issues with respect to mass and scale, the applicant has stepped floors 2-4 back from the sides and rear property lines as well as State Street and has added architectural relief in various places throughout the building to help break up the massing. Further, various colors and materials are utilized to provide additional architectural interest. 2. Architectural design shall The proposed architectural design is characterized as coastal emphasize variety and contemporary and utilizes form, materials and colors to reinforce this diversity theme. The entire lower floor of the proposed building incorporates a manufacture stone veneer including decorative banding contrasted by enhanced planter landscaping to provide a rich pedestrian experience along the streetscapes. Town homes were placed on the ground floor to continue the neighboring context and streetscapes to provide pedestrian scale and continuity. All units have been designed to capture views, light and indoor/outdoor spatial relationship through the use of large patio door, windows and decks. Building corner massing, projecting roof features and deck locations of the upper floors have been stepped back to create hierarchy importance to the lobby and living space to enliven the street scene below. Material changes and clearly defined offsets are utilized to break the building mass consistent with the village character. Such material changes include stone veneer; wood siding, horizontal metal and glass railings; multiple stucco colors; tinted glazing; and decorative metal trim. Page 137 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 13 DESIGN PRINCIPLE 3. Development shall be small in scale 4. Intensity of development shall be encouraged 5. All development shall have a strong relationship to the street 6. A strong emphasis shall be placed on the design of ground floor facades 7. Buildings shall be enriched with architectural features and details 8. Landscaping shall be an important component in the architectural design 9. Parking shall be visually subordinated 10. Signage ANALYSIS Land Use District 4 allows for a building up to 45 feet in height (exclusive of acceptable architectural projections}, 100 percent building coverage, limited setbacks, and a density up to 35 dwelling units per acre. These standards do not encourage the design of a project which is small in scale. The project proposes a density of 34.89 dwelling units per acre, 84 percent building coverage, and a building height ranging from 42-45 feet. It is not feasible to strictly comply with this guideline given the current development standards. However, the project's design, articulation and not maximizing the standards helps improve its compatibility with its surroundings. The project is consistent with this principle in that it is developed pursuant to the existing standards of Land Use District 4 which includes setbacks, building coverage, height and open space. The contemporary residential architectural style is strongly-related to the street through the use of town homes on the ground floor and view decks on the upper floors; this continues the neighboring architectural context and streetscapes to provide pedestrian scale and continuity with the adjacent Seagrove town home project. The project design includes the use of visually-interesting high quality fa~ade materials such as slate stone, wood siding and smooth sand finish stucco walls. See discussion for #5 above. See discussion for #2 above. Landscaping is proposed along the front and northern property line including new street trees along State Street. In addition, several raised planter boxes used for BMP's are located on both the second floor and roof deck. The proposed parking is visually subordinate in that all ofthe parking spaces are located within a covered parking garage and are not readily visible from State Street. No signage is proposed with the project. A separate sign permit will be required to allow any proposed signage. In summary, given the surrounding land uses, the existing standards in the Village Master Plan, as well as the enhanced architectural design, the project generally meets the intent of the Village Master Plan. High intensity development is encouraged through the implementation of the existing standards in Land Use District 4. Page 138 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 14 C. lnclusionary Housing The proposed project involves the creation of 17 residential units through a subdivision and, therefore, must provide affordable housing to lower-income households as specified in the lnclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance). For residential development of seven or more units, not less than 15 percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. This 17 unit project is therefore responsible for providing three inclusionary units. Whenever reasonably possible, inclusionary units should be built on the residential development project site. However, based on the project's small size, the Housing Policy Team is recommending support of the applicant entering into an affordable housing agreement prior to final map approval to purchase three (3) housing credits within the Tavarua Affordable Housing Project if available at time of building permit issuance or an alternative solution will need to be authorized, subject to City Council approval. By entering into the agreement prior to final map approval and implementing the requirements prior to issuance of building permits, the Ocean residential condominium development is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the lnclusionary Housing Ordinance. D. Subdivision Ordinance The project includes seventeen {17) multi-family airspace residential condominium units and is therefore subject to the regulations of Chapter 20.16 of the Subdivision Ordinance. 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. The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. No standards variances are needed to approve the project. Given the above, the proposed subdivision would provide all necessary facilities and improvements without producing land conflicts; therefore, the project is consistent with the Subdivision Ordinance. The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development, including additional dedication along State Street. E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 6 below. Page 139 CT 16-02/RP 16-08 -OCEAN March 15, 2017 Page 15 TABLE 6-GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS City Administration 60.12 sq. ft. Library 32.06 sq. ft. Waste Water Treatment 17 EDU Parks 0.11 acres Drainage 2.68 CFS/Basin A Circulation 136 ADT Fire Station 1 Open Space N/A Elementary= 4.28 Schools (Carlsbad) Middle= 1.38 High School= 1.76 Sewer Collection System 3,740 GPD Water 4,250 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes 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. Therefore, as 17 residential dwelling units are proposed, a total of 17 residential dwelling units are proposed to be deducted from the City's Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No 7229 the allocation from the Excess Dwelling Unit Bank can be supported. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption ofthe 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 No. 7229 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A-NN" dated February 15, 2017 Page 145 Page 182PLANTING TABLET SCHEDULE GflO·POWIOR PLANTING TABLETS FOR CONTAINEIH:lROWN PLANTS CONTAINER RECEIVES CONlAINI>RRECEIVES CONTAINER RECEIVES CONTAINER RECEIVES CONTAINER RECEIVES CONTAINER RECEIVES SOILS REPORT .'< ·;10·12 ·.:12-15 AT l}IE CONCLUSION OF ROUGH GRADING AN AGRON0~4 TABLETS SOILSREPORTSHALLBEPREPAREDBYTHEOWNERANlJ'-36 TABLETS FURNISHED TO THE CONTilACTOR, AND ALl. RECOMME~TION&.BLETS FROM SUCH REPORT SHALl. BE INCORPORATED BY THE CONTRACTOR INTO INSTALLATION OF AU. PLANTING AREAS SOIL MIXTURE SOILS ANALYSIS SOIL ANALYSIS SUBMITIED TO THE CITY SHOULD INCLU05e0i~~"g:ING: PERCENTAGEOFORGANICMATIER SOILINFILTRATIONRATE(MEASUREDORDERIVED ~~~~~~~;A~g~G~~~F~~I~TION RATE TABLES) ORGANIC TOP DRESSING IILLI'lJ\NIINL:it:l!oUi::iiURECEIVEAlAYEROFORGANICTOP ~~~~~~~~~~~~ :ig~~~:o;:~;~ MINIMUM AVAILABLEFROM·AGUINAGAFERTILIZER (949)785·9558 Underground Service Alert ~ Cal• TOU. FREE 1-BDD 422-4133 PLANTING SPECIFICATIONS I. GENERAL SiTE PLANNING The Owner shall have a soil analysis made after completion of the rough grading. ThaContractorshallincorporaleallsollamendmentsandfertilizers prescribed herein. Thesoilpreparationspecifledbelowshallbeadjusted accordingtotheanalysis,af!erapprovalfroml;mdscapearchitacl. A. Weed Control for Shrub & Ground Cover Areas (Except Slopes) 1. Remove all exlsllng weeds from surface. Remove all roots of Bermuda-JohnsonGrass,etc.anddisposeofoffsiie. 2.1nstalllrrlgallon. 3. FerliHzeallshrublgroundcoverareas. Apply10ibs.of16-20-0 cornmercialfertilizerper1,fl00sq.ft.orasdirecledbysoilsreport. 4. Llcensedappllcalorshallapplysystemlcweedklllertoallplantlngareasper manufacture~sspecmcatlons. B. Soil Preparation & Finish Grading 1. Rough grade: Si!etobereceivedbyLandscapaConlractortowithin 1110footplusormlnusbyownerbaseduponC1vi1Enginea~sgradingplan. 2. Finish grade: Finishgradingtoconsistofgradlng,raklngandhandwork necessarytoachievedeslredcontourandfiowhnepatterns, based uponCiviiEnglneer'splans,resullinglnevenlyfinishedsurfacesfreeof debrisandlilter. 3. Spreadoveralllawn,shrubandgroundcoverareas,amendmentsand fertil<zerprescribedinsoilsreport. Thoroughiymixlntosoii\Odepth toof6"ormoreandfinegrade. Shapemoundsasshownonplans. Contreclortoimporlsollnecessaryloattalndeslgngradesandberms, alllmportsoilshallbefreeofweeds,debris,amlhavebalancedPh. SmDDthandevengradingwithDutdepressiDnsorhlghspots,toprovide smoolhandevensurfacesforproperdreinege. Finalgradeshallbe 2"belowwalkl!opofcurb. Removefrom!hesiteallstonesover2"1n size. C. Planting Planttrees,shrubsandgroundcoverascalledforwhereindlcatedon PlanllngPienandesdetailedonPiantingDetailsheel. SubslllulionsofplantswlllnotbeacceptedunlessapprovedbyLandscape Architect. 1. GroundCover-FIBtsand/orCuttlngs Allplantmaterlalsspeclfledasrooledcuttlngsorfials!ockonPiantlng Planshallremalnlnlhefialsuntlltlmeoltransplanllng. Theflatsoll shallcontainsufficientmoisturesothetsoildoesnotfatlapartwhen liltingplanlfromltat. Groundcoverplantsshallnotallowedtodryout beforeorwhllebelngplanled. Rootsshallnotbeexposedtothealr exceptwhileactuallybeingplantad. Wiltedplantswillnotbeac:cepted. Atthetlmeolplanllng,thesollaroundeachplantshallbefirmed sufficientlytoforceoutalrpockets.Piantstobeplantedintriangulsr spacing as speclffed O.C. (On Center). All cuttings shall be minimum of 6"1ong. lnstallplantsln6"X6'p!antlngplts. Water immediately after eachplanllnguntllonelnchofwaterpenetratlonisobtained. Care shallbeexercisedatalltimes\oprotectthaplantsarterplanting.Any damageloplanlsbylramplingorolheroperationsofthlscontractshall be repaired immediately. Plantallconlalner-grownplantsinplantingpits,two(2)tlmeswlderand todepthequaltoconlainerdepth,onna!ivesotl,asdlrectedonPianllngDetall sheet. ThoroughlymiK113organicbackfiii(NilrollzedRedwoodShavings orequal)andtheamendmentsspeclf!edln!hesollsanalyslswllhlhe sitesoil,priortobacliflllingolplantingpits. !nstallPiantTablets,per themanufacturer'slnstmctlonsandasdetailedonPJentingDeteiiSheet. Contraclorshallconstructbaslnsaroundalltreesnotlnlawnareas: baslnsshallnotexceedtopofrootballcrown. 3, TopDressing Top dress all ground cover and shrnb areas with 2'' thick layer of OGC (OrganicGroundCover},tobespeclfiedonallplantlngplans. 4. Slaking StakealltreesasdetailedonPiantingDe!aiiSheet D. SpeciaiBackfiiiMIXBS 1. PolsandPianters·UseKellogg'slndoorPianlerMix. APPLICANT# CT16-02, RP16-08 MJFN LLC 2501 STATE STREET CARLSBAD, CA 92008 PHDNE:760-966-6090 CONTACT: JAN JANSSON II. GENERAL SLOPE PLANTING The Ovmer shall have a soli analysis made af\er completion of rough grading. TheContractorshallinrorporateal!soilamendmentsandferlilizers prescnbedhere1n. Thesollpreparationspecifiedbelowshallbeadjusled eccordlnglytotheana!ysisalterapprovalfromthelandscapearchitec!. A. Planting Preparation 1.SiopeTex!uring e. Cut Slopes: Thesesurlacesshallberoughenedlnahorizontal directionfollowlngthecontourofthes[Dpe, The roughened texture shallbemadebyhandraktngorslmilarmechanicalmeans. b. Fill Slopes: Thesesurfacesshallbecompactedandfinishedand alsoroughenedlnahorlzontaldirectionfollowlngthecontourofthe slopl!. Theroughenedtex!ureshallbemadebyhandrakingor s1m1larmechanicalmeans 2. Weed Eradication Procedures a. Manuallyremovealle~lstingvegelatlonanddisposeoflloff-slte. b. Ferllllzeallplanllngareaswilf1ferlill;:erbasedonSoiiLabs recommendations. (SeePiantlngDetaiiSheet). Addanyandallsoil amendmenlsasrequlred,perthesoilanaiysis. Beg1nwatering processtoacUVatelerllll>:erandadditivechemicals. c.Waterallplentingareasthoroughlyandconlinuouslyforaperiodof two(2JconsecuUveweeks. TheLandscapeArchllectshallapprove specificwatenngdurallonandfrequencyprogramdesignedto germinateallresldualweedseeds. d. Disconlinuewateringpror:essfortwo(2)days,thenapplyrecommandation bylicensedapplicator,ifperennialweedsappearontheslopes. lfannualweedsappearuseslraightcontactherbicideaaperthepest control adviso~s recommendations. No water shall be applied for a minimum of four (4) days followmg application of contact weed killer. e. Allow sufflclent period of lime to Insure that all weeds are dead. f.Walerallplantingareasthoroughlyandcontinuouslyforaper1odof three (3) weeks. A shorter watering period may be permissible at thediscretionoftheLandsr:epeArchiteclandlorthepestcontrol advlsor.Discontlnuethewaterlngprocessforone(1)dayprlorto thesecondapplicationoltheherbicidespraylng. Re-applythe spraymgoperationwithastraightcontactweedkiller,asperthe pest control adviso~s recommendations. Allow a minimum of four [4} dayswlthoutlrngatlon,foreffectivefinalweedkill. g. Clearaildesiccaledwaedslromthaslopestothafinishedgrede h.Watera]lplanllngareasontheregularlrrlgallonconlrollerschedule forthree(:l}consecullvedaysprlortothehydroseed!ngoperallon. i. Thenallowp!antingareasollsurfacetodryoutforone(1}dayonly, prlortothehydroseedingapp]Jcation. Caremustbetakennotto allow the soli surface to be super-saturated with water prior to the hydroseedlnglnstallallon. Atthesamellme,thesollsurfaceshould not be dry. There should be some residual moisture within the first 1/2"ofsollaurfar:e. j.Beginthehydroseedingoperationinallareas,asspecified. 3.Piantlng PlanltreesandshrubsascalledoutwheraindivatedonPlantlng Plan andesdetai]edonPianllngDetaiiSheet.Substltutlonsofplantswillnot beacceptedunlessapprovedlnwrltlngbyLandscapeArchltect. Install plantingtabletsascalledforin!egend.Piantallcontainergrownplants lnplentingpltstwo(2)limeswiderandlodepthequaltocontainerdepth, onnalivasoll,amlnlmumdeplhequaltodepthofcontainer. Thoroughly mixthespecifiedmaterialsfoundinthesoilanalyslsandthosespecified inthePiantingDetaiiSheet,wlththesltesDII,priortobacklillingofplantingpits. 4. PlantingTablets(SeePiantingDetaiiSheet} PREPARED BY: SUMMERS/MURPHY & PARTNERS, INC. LANDSCAPE ARCHITECTS 5i1Jl ~g~~:~ ~!~~'f5~~t~~k~~~oo {949)443-1446 FAX(949)443-1631 ~~~:':1:-K 111. GENERAL NOTES A. Clean-Up 1. Afleraltinstallattonoperationshavebeancompleted,removeall rubbish,excesssoll,emptyplantcontainerand\rashfromthesltedaily Allscars,rutsorolhermarkslntheareacausedbythlsworkshallbe repalredandlhegrcundlefllnaneat,orderlycondlllon.Leaveslteln broom·claancondilionattheendofeachworkingday. Hose down all pavedareas,includingwalksandpalios,uponcompletlonolallwork. B. Maintenance 1. TheContraclorshallmalntainduringlnstellallonaaumclentnumberof menandadequaleequipmenttoperformtheworkhereinspecified Planlma'lntenanceworkshallconsistofapplyingwater,weedlng,carlng olplants,lncludlnggroundcovers,shrubs,vlnesandtreea,edglngand ferlillzing,controlofpestsanddlseases,andmalntaining walksfreeofdebrisanddirl. Uponcompletionofeachareaof instellalion,theContractor,LandscapeArchitectandONnershall conductanlnspectlonolcompletedarea,alongwlththeOwner's maintenance representative. Atthistime,allstofcorrections,ifany, shallbemadewhlcharetheresponsibilityoftheContractor. 2. Afterallworkhasbeencompleted,inspectedandar:cepled,allareas Willbemslntelnedforeperiodofonehundredtwenty(120}calendardays oraslongasisnecessarytoestabllshlhrivingtrees,shrubs,turf,and groundcoverwithoutbarespots. 3. Keepallareasweed·free,adequatalywatered,andnea\lyculliva!ed forthe120dayperlod. Removealldebrlsfromslteandkeep the entire site broom-clean. Mow turf areas weekly. Hydroseeded turf areasshallbeirrigatedaftertheslurrymulchhasbeenappliedand allowedtosetforone(1}day. Thesollsurfacemustbekeptmalstat all ~mes during the germination period to a110ld desiccation of seedlings 4. Re--seedallbarespotslnlurfereasaltwo(2}weeklntervelsand mainlainuntilanevenstandofturf,wlthoutbaraspots,lsobtained Re-seedallslopeareasthetfalltogermlnateevenly. Repair all erodedsurfacesatnocosttotheOwner. 5. Damage to any planted area shall be repaired immediately. Depressions causedbyvehiclesorfoottrafficshallbefilledwilhtopsoil,leveled and replanted. Extermlnategophers,molesandrepalrdamage. B. Theprojectshallbesocaredforthataneat,cleanconditionwlllbe presentedatalltimestothesatisfactionoftheOwnerandLandscepe Architect. TheLandscapeContractorshellbeexpectedtomakea minimum of one weekly visit for maintenance purposes. 7. Attheendofthemaintenanceperiod,allareasthathavebeenplanted shallbafertlhzedwlthcommercialfertiliz:er,enalysisandraleof applicatlonshallbeperthesollsreport e. TheContractorshallrequestafinalsllevisitseven(7)dayspriortothe endoflhemalntenanceperlod. Thlsrequestshallbewrtttenand directed to the Owner and the Landscape Architect. Upon w~uen acceptancenflheproject,lheContractorshallberelievedofany further maintenance. C. Guarantee Allhand-plantedgroundcover,andshrubsshallbe guaranteedtollvaandgrowtoaperlodofonehundredlwenly(120)dayssrter lnstalla!lonandac:ceptancebytheOwner. Treesshallbeguaranteedfor one year. Anymateriallhatfailslogrowthroughthespaclfledmaintenance andguaranteeperlodshallbereplar:edbytheContractoratnocostto the Owner. 1. ObservallonvisltsspeclfiedherelnshaltbemadebytheLandscape Archllectorhlsrepresentallve. The Contractor shall request observationatleasttwo(2)worklngdaysinadvanceoflhetimethatlhe observation is requested. 2. Observationvisitsaresuggestedforthefollowlngpartsofthework a. Uponcompletlonofgradlngandsoilcondillonlngprlortoplantlng. b. Whentreesarespolledforplanting,butbeloreplentingholesare excavated. c. Wrlllenar:ceplanceolth.eproJecttoreleasetheContractorlrom further mamtenence shall occur after Fin Ell Observation w1th the Owner orhlsrepresentatlveattheendofthemalntenanceperlod. E. Verification of Dimensions 1. All scaled dimensions are approximate. Before proceeding wilh any work, lhaConlractorshallcarefullycheckandverifyalldimensionsand quantities,andshallimmedlatelynotlfylheLandscapeArchllectofany dlscrepencybetweenthedrawingsand/orspaclficallonsandactual conditions. Noworkshellbedonelnanyareawheretherelssucha dlscrepancyuntilapprovalforsamehasbeengivenbylheLandscape Architect. F. Utilities 1. TheContractorshallberesponslbleforverifyingthelocalionofall undergroundutllltyllnesprlortoanyconstructlon,sothatproper precautionsmaybetakennottodamagesuchlinesandplantlocations, promptlynotlfytheLandscapeArchllectwhowillarrangeforrelocalions ofoneortheother. Falluretofollowthisprocedureplacesuponthe Contra~tor the respnnsibility lor, at his own expense, making any and all repairsfordamagasresultingfromhiswork. G. Existing Trees 1. Conlfactoristoinsurethepreservationofanyexistingtreesonthesite. Damageorlossoflhesetreeswillresullinreplacementofequalsizeby lheLandscapeConlractor. H. SeePianttngDetaiiSheetforaddltlonalnotes. REVISION DESCRIPTION APPROVED FDR IRRIGATION AND PLANTING ONLY, INCLUDING PRECIS£ LOCATION OF PLANTING AREA. "AS BUILT" DAlE fSHEYl CITY OF CARLSBAD I'""'' I L___l;!j PLANNING DIVlSfON 13 ILANIJSCAPE n&PROVEi.iENi'"-PI.AiiS_ro&:_ OCEAN CONDOMINIUMS CARLSBAD, CA PLANTING SPECIFICATIONS [ APPROVED: ---~ PLANNINIJ OWN BY: --I PROJECT NO. IIDRAWlNG NO.I ~~~~;== CT 16-02 - Page 183 Planning Commission Minutes March 15, 2017 EXHIBIT 5 Page4 3. CT 16-02/RP 16-08-OCEAN-Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4-Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Greg Fisher would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Black disclosed that he viewed the property on Google Maps. Commissioner Goyarts disclosed that he visited the project site a few times and researched for online articles. Commissioner Siekmann stated that she visited the site and has driven by the project site. Commissioner L'Heureux disclosed that he has also visited the site and viewed the property on Google Earth. Commissioner Montgomery stated that he visited the site. Chairperson Segall disclosed that he also visited the site viewed the property on Google Earth. Mr. Fisher gave a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Goyarts inquired about the nature of the existing operating business. Mr. Fisher replied stating that current tenant is also the applicant servicing a Soil Retention business. Commissioner Anderson asked how the greater need for electric charging stations be accommodated for in the future. Mr. Fisher stated that the project is exempted from the city's Climate Action Plan (CAP) program however; there are two charging units proposed for the site. Commissioner Goyarts asked if the project is within the zone where the condominiums may be advertised for Vacation Rentals by Owner (VRBO). Mr. Fisher stated no. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Jan Erik Jansson, 2501 State Street and 7974 Entrada de Luz, San Diego, assisted by Jason Simmons, Consultants Collaborative, 116 Industrial Street, San Marcos, made a presentation. Chairperson Segall asked if there were any questions of the applicant. Commissioner L'Heureux asked if there is any access from the project to the property located behind the project occupied by North County Transit. Mr. Jansson stated no. Commissioner Siekmann inquired about renewables and energy efficiency. Mr. Simmons stated that water will be captured off the roof and decks, cleaned through filters and electric charging stations have been added. Commissioner Siekmann wondered if there will be possible solar panels or solar water heaters added to the project in the future. Mr. Simmons replied stating that the project site will be wired and capable for solar energy. Page 184 Planning Commission Minutes March 15, 2017 Page 5 Dirk Thelen, Withee Malcolm Partnership, 2251 West 1901h Street, Torrance, project architect, added that everything based on the CALgreen building code must be solar ready. Chairperson Segall asked if two charging station would be available or just two outlets. Mr. Thelen stated that there will be outlets available and could be expanded upon request based on the Homeowners Association (HOA) decision. Commissioner Black asked if triple pane windows have been considered to help reduce noise from the railroad tracks. Mr. Simmons stated that there is a 42 inch barrier to help attenuate the sound. Mr. Thelen added that noise studies that are based on the corridor will determine the need for triple or double pane windows. Commissioner L'Heureux asked how the seven compact car spaces will be assigned, monitored and regulated. Mr. Simmons replied through the HOA. Commissioner Anderson inquired about windows. Mr. Thelen stated that there will be stationary windows, operable windows in certain locations and vent-able windows that meet the code requirements in regards to fresh air and emergency egress. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item and opened public testimony. Mark Marson, 2513 State Street, shared his concerns with parking, additional traffic and safety. Norm Witt, 13 Corporate Plaza, Newport Beach, stated that he enjoys Carlsbad and urged the Planning Commission to approve the project. Neil Bradley, 2517 State Street, stated his concerns with pedestrian safety, parking and traffic on State Street. Scott Lyle, 2511 State Street, shared his concerns with the project site blocking ocean views from his property. Mr. Lyle stated that the air conditioning units will generate noise and shared concerns with parking, traffic, speeding and pedestrian safety. Rebecca Eller, 2509 State Street, shared her concerns with building height limitation and the obstruction of ocean views. Jodi Good, 2475 Jefferson Street, shared her concerns with parking and traffic. Penny Johnson, 1360 Hillview Court, shared her concerns with building height and the village atmosphere. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he closed public testimony. Commissioner Siekmann asked if the applicant considered a right turn only out of the subject property. Mr. Thelen stated that the project will have a low trip count it and will not be necessary. Commissioner L'Heureux asked if it would be possible for the HOA to add pedestrian access from the project site to the property located behind the project occupied by North County Transit. Mr. Thelen stated that there are areas that pedestrian access would be applied to; however, since it is not planned and it is private property, there are no gates indicating pedestrian access. Commissioner Anderson asked about the level of visibility as vehicles exit the parking lot. Mr. Thelen stated that there is a 2% grade transition. Commissioner Black asked if traffic calming devices have been considered in the area where public safety is at risk. Senior Engineer Jeremy Riddle replied stating that traffic calming requests are triggered from residents living in that area that would contact the city through the traffic department to find out and explore opportunities where new traffic calming measures could be employed. Mr. Riddle stated that he is not aware that it has been identified. Commissioner Black asked if contact information could be forwarded to Page 185 Planning Commission Minutes March 15, 2017 Page6 residents regarding traffic calming. Mr. Neu stated yes, the most appropriate approach would come from the traffic division where they work with speeding and other mitigation on existing roadways. Mr. Neu added that the proposed project is expected to generate fewer average daily trips (ADT) than the existing land use. Commissioner Siekmann asked if staff could recommend something that could go along with the project to address issues related to traffic. Mr. Neu suggests that the traffic department be notified and share contact information from the residents so that they could evaluate the area. Commissioner Anderson asked if staff is aware of any parking issues on Laguna Drive and access to the Maxton Brown Park. Mr. Riddle stated no. Mr. Riddle clarified that the current ADT of the existing commercial building is 160 ADT and the proposed project's ADT is 136 per day. Chairperson Segall asked if there is a way that the discussions related to the Seagrove project be forwarded to Kimley-Horn and Associates so that they understand the issues raised. Mr. Neu stated yes, they have been evaluating approved projects and existing conditions and added that they will make a recommendation of what the parking rates should be in the future. Commissioner L'Heureux asked what type of structures could be allowed to be built on the roof deck. Mr. Fisher stated that permanent structures must meet the building height limit of 45 feet. Mr. Neu added that temporary structures would be regulated by the HOA. DISCUSSION Commissioner Black stated that he is pleased with the design of the project and is concerned with the public safety issues. He recommends that the residents at Seagrove and future residents should share their concerns with the city to voice their opinions. Commissioner Black stated that he can support the project. Commissioner Anderson stated that she has concerns about the city policy of no onsite guest parking and accommodation for delivery vehicles. She shared her concerns with the roof deck and stated that she thinks it would be considerate to have restrictions on umbrellas or temporary shade structures that obstruct views. Commissioner Anderson concluded stating that there should be noise restrictions at night from large gatherings on roof decks. Commissioner L'Heureux also shared his concerns with roof decks and the city's lack of standards. He added that since other projects have time, noise and lighting limits, he believes that the Commission is doing a disservice to the community by ignoring the possibility. Commissioner L'Heureux stated that he is concerned with traffic safety and thinks that it is very myopic of traffic safety to wait until future residents move in that area and have a problem with safety before it is addressed. Commissioner Goyarts agrees that a need for a separate motion for the traffic department to proactively review the traffic issues for the project and the area along State Street to implement the needed changes before the project is completed. Commissioner Siekmann stated that she would like to second the motion that Commissioner Goyarts suggested. Mr. Neu clarified that a separate motion would not necessary if the Traffic Engineer is informed and staff coordinates with the traffic department. Commissioner Montgomery stated that he is concerned with the development standards and 45 foot building height. He believes that every smart developer would maximize the height of the project location at some point and worries that good design and planning will not be implemented. Commissioner Montgomery stated that he can approve the project. Chairperson Segall stated that he can also support the project and also shared concerns with traffic mitigation, outstanding parking issues and obstructions to views. Page 186 Planning Commission Minutes March 15, 2017 Page 7 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7229 recommending approval of Tentative Tract Map CT 16-02 and Major Village Review Permit RP 16-08 to the City Council based on the findings and subject to the conditions contained therein. VOTE: 6-1-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Siekmann NOES: Commissioner L'Heureux ABSENT: None ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 3. RECESS Chairperson Segall called for a 10-minute recess at 8:22p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:33p.m. with all Commissioners present. Chairperson Segall asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 4. 4. CT 16-09/RP 16-16-800 GRAND AVENUE-Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to allow for the demolition of three, two-story office/commercial buildings and the construction of 33 airspace condominiums in Land Use District 2 of the Village Review zone and within Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Chris Garcia would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove through and around the property. Commissioner Black stated that he is familiar with the property. Commissioner Goyarts disclosed that he researched the project online, read articles regarding office space for sale, walked around the building to get an idea of the types of businesses that are there and spoke with the business owners for opinions. Commissioner Siekmann stated that she has driven by the project many times and visited an office inside the building. Commissioner L'Heureux stated that he has also visited the site, walked through the project, knows some of the tenants in the building and has viewed the project site on Google Maps. Commissioner Montgomery disclosed that he visited the site and has been there many times. Page 187 EXHIBIT 6 CT 16-02/RP 16-08 -OCEAN Response to Comments-Planning Commission on March 15, 2017 Inquiry: At the March 15th, 2017 Planning Commission Hearing, several traffic-related concerns were discussed related to the proposed Ocean development on State Street. Issue: Several residents and members of Planning Commission expressed concerns about traffic volumes and vehicle speeding on State Street, which can make it difficult to pull out of driveways. Response: Traffic volumes on State Street near the site were determined to be approximately 7,600 vehicles per day, which is appropriate for a collector street such as State Street. The 25 mile per hour speed limit on State Street was established in accordance with California speed law requirements. Based on the differential between the posted speed limit and the measured critical speed of 32 miles per hour, the city can consider adding several traffic calming measures to address speeding. Traffic staff will install driver feedback signs in both directions of travel in order to raise driver awareness of the speed limit and discourage speeding. If further traffic calming improvements are deemed to be appropriate after driver feedback signs are installed, striping can be added to mark parking spaces or travel lanes, which can provide traffic calming by visually narrowing the roadway. In addition, the Police Department will be notified about speeding concerns on State Street in the vicinity of Laguna Drive. Issue: A resident expressed concerns about difficulty pulling out of driveways due to limited sight distance caused by parked vehicles and curvature in the roadway. Response: The presence of on-street parking on State Street is the critical factor when determining if a driveway or side street meets recommended sight distance standards. A request has been processed to evaluate the Seagrove driveways for installation of red curb. If the driveways do not meet recommended sight distance standards, red curb will be installed. The proposed project driveway can also be evaluated for red curb once constructed to ensure that it meets recommended sight distance standards. Issue: Several residents expressed concerns about pedestrian and bicycle safety on State Street. Response: Staff has determined that traffic calming measures are appropriate for State Street; reducing vehicle speeds will improve walking and biking along the corridor. Based on the posted speed limit and current roadway width of State Street, the existing sharrows are an appropriate bicycle treatment. Green- backed sharrows are an option for State Street to help enhance the bicycle markings on the corridor and increase driver awareness of the need to share the road, but they have not yet been used in the city. Also, State Street between Carlsbad Village Drive and Carlsbad Boulevard is currently being evaluated for pedestrian improvements, specifically enhanced crossings. Issue: Several residents expressed concerns with parking near State Street and Laguna Drive due to the limited number of spaces and the time restrictions currently in place. Response: Staff has received comments about limited parking in the area. Due to changing land uses on State Street near Laguna Drive, city staff can re-evaluate current parking restrictions and propose changes to parking restrictions that are consistent with the types of uses (business, residential, and recreational) near the intersection. Any parking changes will be implemented after the completion of the Parking Management Plan. Issue: A Planning Commissioner suggested that full access at the proposed site driveway should be re- evaluated. Response: The proposed driveway is consistent with existing driveways near the project. Staff has analyzed collision history for the past five years on this segment, and no collision trends related to vehicles using driveways in the vicinity of the intersection were noted. Traffic staff have no concerns about the proposed full access driveway at the site. l.) Critical speed reflects the speed at which 85% of drivers are traveling at or below. THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 188 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, May 23, 2017, to consider approval of a Tentative Tract Map and Major Review Permit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4-Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1 and more particularly described as: Northwesterly 1 00 feet of the southeast 185 feet of lot 18 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921, the northwesterly and southeasterly lines thereof being parallel with the dividing line between lots 17 and 18 in said Seaside Lands Whereas, on March 15, 2017 the City of Carlsbad Planning Commission voted 6-1 (L'Heureux) to recommend approval of a Tentative Tract Map and Major Review Permit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4-Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, May 18, 2017. If you have any questions, please contact Greg Fisher in the Planning Division at (760) 602-4629 or greg. fisher@carlsbadca.gov. The time within which you may judicially challenge this Tentative Tract Map and/or Major Review Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and/or Major Review Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 16-02/RP 16-08 CASE NAME: OCEAN PUBLISH: FRIDAY, MAY 12, 2017 CITY OF CARLSBAD CITY COUNCIL Ea!;y Peel® tabels Use Avery® Template 5160®/8160™ #7832 January 19, 2017 600' OWNERSHIP LISTING 100' OCCUPANT LISTING PREPARED FOR: M J F N HOLDING L L C 2501 STATE ST CARLSBAD CA 92008 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVENUE OCEANSIDE CA 92054 I I I J BUENA VISTA REVOCABLE TRUST 1825 ASTON AVE CARLSBAD CA 92008 HYSPAN PRECISION PRODUCTS INC MONEY PURCHASE PENSION , 2725 JEFFERSON ST SUITE SUITE 2 CARLSBAD CA 92008 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVENUE OCEANSIDE CA 92054 PEELLE FAMILY TRUST 2441 BUENA VISTA CIR CARLSBAD CA 92008 BENCHMARK PACIFIC LTD II 550 LAGUNA DR SUITE B CARLSBAD CA 92008 KURNER 2015 FAMILY TRUST 2461 BUENA VISTA CIR CARLSBAD CA 92008 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA P 0 BOX 3000 CARLSBAD CA 92018 ~tiquettes faciles a peler 1 Utilisez le gabarit AVERY® 5160®/8160Mt j I I. 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PAROLY JANET FAMILY TRUST 2393 OCEAN ST CARLSBAD CA 92008 S J R REAL ESTATE HOLDINGS L L c 1646 N COAST HWY SUITE 101 ENCINITAS CA 92024 FINLEY JOHAN & LONA TRUST 2445 MOUNTAIN VIEW DR CARLSBAD CA 92008 EASLAND FAMILY TRUST 5120 LOS ROBLES DR CARLSBAD CA 92008 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA PO BOX 3000 CARLSBAD CA 92018 ARTUKOVIC FAMILY TRUST 1815 IVY RD OCEANSIDE CA 92054 ARMY&NAVYACADEMY CARLSBAD CALIFORNIA P 0 BOX 3000 CARLSBAD CA 92018 MARK E MARSON P 0 BOX 674 LAFAYETTE CA 94549 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 ERIC. & DIANNA HEFFNER 2521 STATE ST CARLSBAD CA 92008 www.avery.com 1·800-GO-AVERY I I I J. Easy Peel® ·labels Use Avery® Template 5160®f8160TM ! A -Bend along line to l A Feed Paper -expose Pop-up EdgeTM j BRYAN & JASMINE SMITH 2339 VIA MONSERATE FALLBROOK CA 92028 MITCHELL & JACQUELYNE CLAWSON 2537 STATE ST CARLSBAD CA 92008 MARC R & HEATHER M DAVIS 2549 STATE ST CARLSBAD CA 92008 SCOTT & MOORE-STEWART KELLY STEWART 2551 STATE ST CARLSBAD CA 92008 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF .. CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 Etiquettes faciles a peler I! 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JOSHUA DELHOMME 2545 STATE ST CARLSBAD CA 92008 LOT 31 TRUST 3471 JEFFERSON ST CARLSBAD CA 92008 NAVEIRA FAMILY REVOCABLE LIVING TRUST 2543 STATE ST CARLSBAD CA 92008 ANTONIO BELTRAN 2531 STATE ST CARLSBAD CA 92008 TAYLOR MORRISON OF CALIFORNIA LLC 1 00 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 www.avery.com 1-800-GO·AVERY Easy Peel® labels Use Avery® Template 5160®/8160™ TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 SEAGROVE HOMEOWNERS ASSOCIATION 25531 COMMERCENTRE DR SUITE 100 LAKE FOREST CA 92630 CST ATE L L C 2244 S SANTA FE AVE SUITE B2 VISTA CA 92084 HESS/HARTMAN FAMILY TRUST 28348 ROADSIDE DR SUITE 204 AGOURA HILLS CA 91301 SYCKS FAMILY TRUST 539 LAGUNA DR CARLSBAD CA 92008 JAMES & DEBORAH HEATtR CALGARY ALBERTA CALGARY AB 2TN OH CHARLOTTE M GLAZE 555 LAGUNA DR CARLSBAD CA 92008 565 LAGUNA L L C 6904 DOVER CT HIGHLAND CA 92346 !' 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I Utilisez le gabarit AVERY® 5160®J8160MC J A Sensde chargement Repliez a Ia hachure afin de I reveler le rebord Pop-upMC j ® AVERY® 6240™ l TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR Sl)ITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 TAYLOR MORRISON OF CALIFORNIA LLC 100 SPECTRUM CENTER DR SUITE 1450 IRVINE CA 92618 JONES RICHARD L TRUST 2608 STATE ST CARLSBAD CA 92008 LANCER INDUSTRIES INC 1547 AVENIDA LA POSTA ENCINITAS CA 92024 CST ATE L L C 2244 S SANTA FE AVE SUITE B2 VISTA CA 92084 COOPER & MARY E BLANTON 49155 RANCHO POINTE LA QUINTA CA 92253 JEREMY S & TAMARA D WESTFALL P 0 BOX 18167 PHOENIX AZ 85005 HULBERT MICHAEL J REVOCABLE TRUST 563 LAGUNA DR CARLSBAD CA 92008 CARLA A HORNER 571 LAGUNA DR CARLSBAD CA 92008 www.avery.com 1-800-GO-AVERY I I I .l Easy Peel® .Labels : I Use Avery® Template 5160®/8160T"' ~ TRACYS TEMPLETON 577 LAGUNA DR CARLSBAD CA 92008 MARGARET EARDLEY 583 LAGUNA DR CARLSBAD CA 92008 SOUMBASAKIS JOHN & JOSE JEANNETTE S TRUST 23 TENNESSEE IRVINE CA 92606 S DC PROPERTIES L L C 2155 RAMONA LN VISTA CA 92084 OCCUPANT 2333 STATE ST SUITE 101 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 200 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 203 CARLSBAD CA 92008 OCCUPANT 2515 STATE ST CARLSBAD CA 92008 OCCUPANT 2537 STATE ST CARLSBAD CA 92008 OCCUPANT 2549 STATE ST CARLSBAD CA 92008 Etiquettes faciles a peler 1 Utilisez le gabarit AVERY® 5160®/8160Mc I ... -Bend along line to I I I FeedPaper-expose Pop-up EdgeTM j RICHARD W HERRING 579 LAGUNA DR CARLSBAD CA 92008 OLLIVIER MIKE & LORIE FAMILY TRUST 2479 W FIR AVE FRESNO CA 93711 GHARABIKLOU FARHAD & GHARABIKLOU RENEE M REVOCABLE 595 LAGUNA DR CARLSBAD CA 92008 AUSTIN FAMILY TRUST 800 GRAND AVE SUITE B14 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 102 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 201 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 300 CARLSBAD CA 92008 OCCUPANT 2513 STATE ST CARLSBAD CA 92008 OCCUPANT 2541 STATE ST CARLSBAD CA 92008 OCCUPANT 2525 STATE ST CARLSBAD CA 92008 & Sens de charaement Repliez a Ia hachure afin de I reveler le rebord Pop-upMC ~ ® AVERY® 6240™ 1 BUSSEYKATHRYNIREVOCABLE LIVING TRUST 581 LAGUNA DR CARLSBAD CA 92008 PORCHIA FAMILY REVOCABLE TRUST 591 LAGUNA DR CARLSBAD CA 92008 SANDERSON MARK & CHRISTINE FAMILY TRUST 439 GRAND DR SUITE 311 BIGFORK MT 59911 OCCUPANT 2333 STATE ST SUITE 100 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 103 CARLSBAD CA 92008 OCCUPANT 2333 STATE ST SUITE 202 CARLSBAD CA 92008 OCCUPANT 2501 STATE ST CARLSBAD CA 92008 OCCUPANT 2511 STATE ST CARLSBAD CA 92008 OCCUPANT 2545 STATE ST CARLSBAD CA 92008 OCCUPANT 2553 STATE ST CARLSBAD CA 92008 www.avery.com 1-800-GO-AVERV Eaw Peel® .Labels Use Avery® Template 5160®/8160™ OCCUPANT 589 LAGUNA DR CARLSBAD CA 92008 I I I J Etiquettes faciles a peler I' Utilisez le gabarit AVERY® 5160®J8160Mc l .l- FeedPaper- OCCUPANT I Bend along line to 1 expose Pop-up Edge™ j 593 LAGUNA DR CARLSBAD CA 92008 ... Sens de rh,.rno>m.,.nt Repliez a Ia hachure afin de I reveler le rebord Poo-uoMC l I AVERY® 6240™ I A OCCUPANT 597 LAGUNA DR CARLSBAD CA 92008 www.avery.com 1-800-GO·AVERY Ocean CT 16-02/RP 16-08 Location Map VMP District 4 - Residential Support Area Project site 0.487 acres Seagrove NCTD storage yard Office Laguna Point ParkNorth OCEAN –CT 16-02/RP 16-08 Soil Retention Demo Adjacent Land Uses Office building Maxton Brown Park Adjacent Land Uses Seagrove condos Laguna Point condos Soil Retention Site Looking west Looking south Seagrove Soil Retention Street Scene looking south google Laguna Point Seagrove Street Scene looking north google Laguna Drive Street Scene Soil Retention google 4 Story 17 unit residential condominium project 42 –45 feet in height Major Review Permit & Tentative Tract Map 1st Floor/ Parking Garage 34 spaces provided 7 compact & 2 Electric Vehicle spaces Lobby Bike racks Stairs Stairs Elev Trash Unit TH-A Unit TH-B Storage Parking Parking Parking 2nd Floor 6 Units 1,904 –2,364 Square Feet Unit F Unit EUnit DUnit C Unit TH-A Unit TH-B 3rd Floor 6 Units 1,510 –2,364 Square Feet Unit A Unit B Unit C Unit D Unit F Unit E 4th Floor 4 Units 1,904 –2,364 Square Feet Penthouse 3,605 Square Feet Penthouse Unit C Unit D Unit F Unit E Roof Deck North and East Elevation South and West Elevation Analysis •Contributes towards revitalization of the Village; •Establishes the Village as a quality shopping, working and living environment; •Provides new residential development near mass transit; •Contributes towards the goal of creating a high quality residential neighborhood north of Beech Street which will provide support to the Village Center core; •Consistent with the development standards of Land Use District 4; and •Consistent with the VMP Basic Design Principles. Recommendation That the City Council ADOPT the resolution APPROVING Tentative Tract Map CT 16-02 and Major Village Review Permit RP 16-08 based on the findings and subject to the conditions contained therein. 42’ 52’45’ Village Land Use Districts Height Limits LUD 1: 45 feet LUD 2: 45 feet LUD 3: 45 feet LUD 4: 45 feet LUD 5: 30 feet LUD 6: 35 feet LUD 7: 35 feet LUD 8: 35 feet LUD 9: 45 feet