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HomeMy WebLinkAbout2017-09-26; City Council; ; Approve a Resolution for a Parking In-Lieu Fee Program Participation Agreement Project Name: THE GRAND MADISON Project No.: CT 15-04(A)/RP 15-06(A) (DEV15028September 26, 2017 Item #3 Page 1 of 42 ~ CITY COUNCIL '1::1 Staff Report Meeting Date: To: From: Staff Contact: September 26, 2017 Mayor and City Council Kevin Crawford, City Manager Shannon Harker, Associate Planner shannon.harker@carlsbadca.gov or 760-602-4621 CA Review f21<..._ Subject: Approve a Resolution for a Parking In-Lieu Fee Program Participation Agreement Project Name: THE GRAND MADISON Project No.: CT 15-04(A)/RP 15-06(A) (DEV15028} Recommended Action Adopt a Resolution approving a Parking In-Lieu Fee Program Participation Agreement between the city and Grand Madison, LLC, property owner, for the payment of parking-in lieu fees for 12 parking spaces associated with the Grand Madison project located at 725 Grand Avenue in Land Use District 1 of the Village Review Zone and within Local Facilities Management Zone 1. Discussion On February 9, 2016, the City Council approved a Parking In-Lieu Fee Program Participation Agreement for the purchase of 23 in-lieu parking fees associated with the Grand Madison project located at 725 Grand Avenue (City Council Resolution No. 2016-023, CT 15-04/RP 15- 06). On February 12, 2016, the agreement was executed; however, the requisite fees were never submitted as the applicant requested an amendment to the project. Specifically, the applicant requested to replace eight (8) office condominiums on the second and third floor of the four-story mixed use building with seven (7) additional residential condominium units. The resulting total of residential units proposed increased from four (4) to eleven (11} units. On April 5, 2017, the Planning Commission approved the amendment to the project (Planning Commission Resolution No. 7237, CT 15-04(A)/RP 15-06(A)), resulting in a reduction in the number of parking spaces for which parking in-lieu fees must be paid from 23 to 12. Although the Planning Commission's action on the Tentative Tract Map and Major Review Permit are final, the City Council is required to approve the Village Parking In-Lieu Fee Program Participation Agreement between the City Council, on behalf of the City of Carlsbad, and Grand Madison, LLC, property owner of the project known as the Grand Madison. The Parking In-Lieu Fee Program Participation agreement allows the property owner to pay the established parking in-lieu fee for a total of 12 parking spaces to satisfy a portion of the project's on-site parking requirement. The current parking in-lieu fee is $11,240 per parking space. The approving resolution along with the Planning Commission staff report and minutes of the April 5, 2017, hearing are attached for the Council's review. In addition, the applicable resolution and corresponding Parking In-Lieu Participation Agreement, enabling the property September 26, 2017 Item #3 Page 2 of 42 owner to participate in the Parking In-Lieu Fee Program for 12 parking spaces, are attached for the Council's review and approval. Please note that the subject Resolution shall supersede City Council Resolution No. 2016-023. Fiscal Analysis As a result of the payment of the parking in-lieu fee for 12 parking spaces, a total of $134,880 will be deposited into the city's Parking In-Lieu Special Revenue Fund ($11,240 per parking space). Next Steps Record the Parking In-Lieu Fee Program Participation Agreement once the requisite payment is received from the property owner. Environmental Evaluation {CEQA) The City Planner has determined that the Parking In-Lieu Program Participation Agreement is not subject to CEQA, pursuant to CEQA Guidelines Section 15061(8)(3) (General Rule) as it can be seen with certainty that the activity will not have a significant impact on the environment. Exhibits 1. City Council Resolution 2. Parking In-Lieu Program Participation Agreement 3. Location Map 4. Planning Commission Staff Report dated April 5, 2017 5. Planning Commission Resolution No. 7237 6. Excerpts of Planning Commission Minutes dated April 5, 2017 follows: RESOLUTION NO. 2017-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY AND GRAND MADISON, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS THE GRAND MADISON LOCATED AT 725 GRAND AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04(A)/RP 15-06(A) {DEV15028) Exhibit 1 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, on February 9, 2016, the City Council adopted City Council Resolution No. 2016-023, approving a Parking In-Lieu Fee Program Participation Agreement for the purchase of 23 in­ lieu parking fees for the Grand Madison project located at 725 Grand Avenue, Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06, to satisfy a portion of the on-site parking requirements; and WHEREAS, on February 12, 2016, the Parking In-Lieu Fee Program Participation Agreement was executed between the City of Carlsbad and the property owner; WHEREAS, on April 5, 2017, the Planning Commission approved Planning Commission Resolution No. 7237, amending Tentative Tract Map and Major Review Permit, CT 15-04(A) and RP 15- 06(A); and WHEREAS, the amended project resulted in a reduction in the number of in-lieu parking fees required from 23 to 12 in-lieu parking fees; and WHEREAS, as a condition of approval of Tentative Tract Map CT 15-04(A) and Major Review Permit RP 15-06(A), the Property Owner is required to enter into an agreement with the City Council to allow the Property Owner to participate in the Village Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirements for the subject project; and September 26, 2017 Item #3 Page 3 of 42 WHEREAS, the Property Owner has agreed, by acceptance of the conditions of said approval, to pay the established Parking In-Lieu Fee for a total of 12 commercial parking spaces to satisfy a portion of the on-site parking requirements for the mixed use project located at 725 Grand Avenue within Land Use District 1 of the Village Review Zone; and WHEREAS, the Council finds that the subject property and project has qualified to participate in the Village Parking In-Lieu Fee Program and participation in the program will satisfy a portion of the required parking for the project located at 725 Grand Avenue; and WHEREAS, the Planning Commission on April 7, 2017 determined that the amended project is consistent with the goals and objectives of the Village Master Plan and Design Manual; and WHEREAS, the Council has previously determined that there is adequate public parking available within the Village Area to accommodate the subject project's parking demands and that the average utilization rate for all public parking lots according to the most recent parking study (June, 2017) is below the full utilization rate of 85%; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 2016-023. 1.That the foregoing recitations are true and correct. 2.That the subject City Council Resolution supersedes City Council Resolution No. 3.That the City Council hereby approves the Village Parking In-Lieu Fee Participation Agreement between the Council, on behalf of the City of Carlsbad, and Grand Madison, LLC, property owner of the project known as The Grand Madison which is located at 725 Grand Avenue, in Land Use District 1 of the Village Review Zone of the City of Carlsbad. September 26, 2017 Item #3 Page 4 of 42 4.That the Mayor of the City of Carlsbad is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of September, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher. None. M. Packard. (SEAL) September 26, 2017 Item #3 Page 5 of 42 September 26, 2017 Item #3 Page 6 of 42 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) EXHIBIT 2 Space above this line for Recorder's use Assessor's Parcel Number 203-303-21-00 ------------Project Number and Name CT 15-04(A)/RP 15-06(A) - CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT The Grand Madison THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this ___ day of ______ , 2017, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Grand Madison, LLC, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 725 Grand Avenue (APN: 203-303-21-00) in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Tentative Tract Map Amendment (CT 15-04A) and Major Review Permit Amendment (RP 15-06A), which provides conditional approval for the construction of a four-story mixed-use building and participation in the Parking In-Lieu Fee Program for 12 parking spaces to satisfy a portion of the on-site parking requirements ("Project"). B. Condition No. 24 of Planning Commission Resolution No. 7237 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into betyveen the City and the Program Participant following approval of Tentative Tract Map No. 15-04{A) and Major Review Permit No. 15-06{A) for the Project, and provides that the Program Participant pay a Parking In- Lieu Fee for a total of 12 parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Tentative Tract Map No. 15-04{A) and Major Review Permit No. 15-06{A) to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. 1 CA 11/5/2014 September 26, 2017 Item #3 Page 7 of 42 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. A PORTION OF ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing 12 on-site parking spaces for the Project covered by Tentative Tract Map Amendment No. 15-04(A) and Major Review Permit Amendment No. 15-06(A) by reason of Planning Commission approval of Tentative Tract Map 15-04(A) and Major Review Permit 15- 06(A), including Condition No. 24 listed in Planning Commission Resolution No. 7237 (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of 12 parking spaces as established by the City Council, and, as required by Condition No. 24 of Planning Commission Resolution No. 7237. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Review zone, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Council has approved Tentative Tract Map Amendment No. 15-04(A) and Major Review Permit Amendment No. 15-06(A) conditioned upon the Program Participant's payment of a Parking In- Lieu Fee for a total of .11._parking spaces. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 24 of Planning Commission Resolution No. 7237. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carlsbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "lndemnitees"), and any of them, from and against all loss, all risk of loss and all damage, including attorneys' fees and expenses, sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participant's actions or defaults pursuant to this Agreement, and shall protect and defend lndemnitees, and any of them with respect thereto. 2 CA 11/5/2014 September 26, 2017 Item #3 Page 8 of 42 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Grand Madison, LLC 3005 S. El Camino Real San Clemente, CA 92672 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the 12 parking spaces for the Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the Project as described in Exhibit A to this Agreement. 9. JURISDICTION Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. 3 CA 11/5/2014 September 26, 2017 Item #3 Page 9 of 42 PROGRAM PARTICIPANT By: (Sign Here) (Print Name/Title) Dated: By: (Sign Here) (Print Name/Title) Dated: APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A)-THE GRAND MADISON CITY OF CARLSBAD, a municipal corporation of the State of California By: Matt Hall, Mayor Dated: Attest: Barbara Engleson, City Clerk Dated: (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Celia A. Brewer, City Attorney By:------------Dated: __________ _ Assistant City Attorney 4 CA 11/5/2014 September 26, 2017 Item #3 Page 10 of 42 APN: 203-303-21-00 PROJECT NO. & NUMBER: CT 15-04(A)/RP 15-06(A) -THE GRAND MADISON Address: 725 Grand Avenue Assessor Parcel No.: 203-303-21-00 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888. 5 CA 11/5/2014 September 26, 2017 Item #3 Page 11 of 42 EXHIBIT 3 NOT TO SCALE SITE MAP Grand Madison CT 15-04(A) / RP 15-06(A) September 26, 2017 Item #3 Page 12 of 42 EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: April 5, 2017 Item No. G) Application complete date: February 9, 2017 Project Planner: Shannon Werneke Project Engineer: Steve Bobbett SUBJECT: CT 15-04{A)/RP 15-06(A) (DEV 15-028) -THE GRAND MADISON -Request for approval of a Tentative Tract Map Amendment and Major Review Permit Amendment to modify a previously-approved four-story mixed use building to replace eight (8) professional office condominiums on the second and third floor with seven (7) additional residential condominiums. The resulting total numberofresidential condominiums proposed would be increased from four (4) to eleven (11). The 0.32-acre project site is addressed as 725 Grand Avenue, and located within Land Use District 1, Carlsbad Village Center, of the Village Review (VR) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7237 APPROVING Tentative Tract Map Amendment CT 15-04(A) and Major Village Review Permit RP 15-06(A) based on the findings and subject to the conditions contained therein. II. , PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.32-acre project site is comprised of one legal parcel located on the southeast corner of Grand Avenue and Madison Street, addressed as 725 Grand Avenue (APN 203-303-21). The subject property also abuts the Madison Street public alley to the east. The project site is located within Land Use District 1, Carlsbad Village Center, of the Village Master Plan, and is located outside of the coastal zone. Table 1 below identifies the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1-SURROUNDING LAND USES Location General Plan Zoning/Land Use District in Village Current Land Use Master Plan Site Village (V) Village Review (V-R)/ Dental office Land Use District 1 North Village (V) Village Review (V-R)/ Grand Avenue, private parking Land Use District 1 lot, Grand Avenue Bar and Grill South Village (V) Village Review (V-R)/ Blue Ocean restaurant Land Use District 1 - East Village {V) Village Review {V-R)/ Madison Street alley, The Grand Land Use District 2 professional office building West Village (V) Village Review {V-R)/ Madison Street, Chase bank Land Use District 1 September 26, 2017 Item #3 Page 13 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 2 Background: October 7, 2015, Planning Commission Resolution No. 7125 Planning Commission recommended approval of a Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 to demolish an existing 6,800 square foot (SF) dental office and construct in-place a 21,158 SF, four-story, 45-foot-tall (with architectural projection up to 60'), mixed use building, consisting of 4,600 SF of ground floor retail, eight (8) professional office condominiums located on the second and third floor, and four (4), two-bedroom/two-bath residential condominium units on the fourth floor, each with a rooftop deck. The project also included a request to purchase 23 in-lieu parking fees and the construction of an enclosed, at-grade parking garage with 20 parking spaces proposed to be accessed from the Madison Street public alley. November 17, 2015, City Council Resolution No. 2015-281 City Council approved Tentative Tract Map CT 15-04 and Major Review Permit RP 15-06 for the mixed use project. February 9, 2016, City Council Resolution No. 2016-023 City Council approved the request to purchase 23 in-lieu parking fees February 9, 2016 Grading Permit GR 16-04 issued for the demolition of the medical office building and the construction of the four-story mixed use building. September 23, 2016 Application submitted to amend CT 15-04 and RP 15-06. Although the grading permit remains valid, no work has occurred and the existing (vacant) medical office building remains onsite. The construction of the project has been put on hold in order to allow for the processing of the proposed amendments. Pursuant to the Section 21.54.125, the Planning Commission is the final decision-making authority for the subject amendments to the Tentative Tract Map and Review Permit. Project Proposal: The proposed project entails a request to amend the Tentative Tract Map and Major Review Permit to replace eight (8) professional office condominiums on the second and third floor of the four-story mixed use building with seven (7) additional residential condominiums, bringing the total number of residential condominiums proposed to eleven (11). The applicant has indicated that the project is financially infeasible without the proposed modifications. The proposed density of the project, 34.4 dwelling units per acre, is just under the maximum allowable density of 35 dwelling units per acre allowed pursuant to the Village Master Plan. No changes are proposed to the footprint of the building or the ground floor retail area, which remains at 4,600 square feet. Table 2 below provides a unit summary outlining the size and unit type proposed on each of the three floors. TABLE 2-UNIT SUMMARY Floor Level No. of Units No. of Bedrooms/Bathrooms Size -2 4 Two, 3 bed/2 bath 1,157 SF to 1,653 Two, 1 bedroom+ den/1 bath 3 3 Two, 3 bed/2 bath 1,385 SF to 2,084 SF One, 2 bed/1 bath 4 4 Four, 2 bed/2 bath 1,258 SF to 1,484 SF September 26, 2017 Item #3 Page 14 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 3 As discussed above, the original project included approval for the purchase of 23 in-lieu parking fees through the Village Parking In-Lieu Fee Program. The change in use from professional office to residential results in an overall reduction in the required number of parking spaces which are approved to be purchased from 23 to 12 spaces. Because the number of spaces which require in-lieu parking fees is being modified, the project is conditioned to receive approval from the City Council for the purchase of 12 in- lieu parking fees. The proposal to construct 11 residential condominiums results in the requirement to construct two (2) inclusionary (i.e., affordable, rent-restricted) housing units. In-lieu of restricting two of the 11 units as inclusionary units, the applicant submitted a request to the city's Housing Policy Team to purchase two affordable housing credits within the Tavarua senior affordable housing project. On February 23, 2017, the City's Housing Policy Team recommended approval of the above-noted request. With exception to some exterior changes, the contemporary architectural theme of the proposed 45-foot- tall mixed use building remains largely the same when compared to what was originally reviewed by the Planning Commission and approved by the City Council. Permissible architectural projections include a 3' -6" projection for the parapets, as well as the guard rail/safety fence for the roof-top deck, a 91 projection for the stairwell and a 15' projection for the elevator shaft. The tallest projection, the elevator shaft, is proposed at a height of 60 feet. To address the proposed change in use from professional office to residential condominiums on the second and third floor, the applicant has made the following changes to the exterior of the building: • Removal of the large storefront element at the corner of Grand Avenue and Madison Street; replaced with a warmer composite wood, stucco and glazing treatments similar to the adjacent eastern portion of the building. This represents the largest change to the exterior of the building. • Addition of a natural stone base and cap to the entire perimeter of the building; • Addition of notches in the parapet cap to break up the length of the linear parapet. An additional notch at floors 2-4 has been added near the northeast corner of the building; • Pulled back the southwestern enclosed elevator lobby farther away from Madison Street and modified to an open lobby containing balconies similar to the residential unit balconies; • Reduced the height of the western parapet to the minimum guardrail height (42 11) required above the 45'-0" roof height; • Reduced the height of the decorative composite wood guardrail along Grand Avenue to the minimum guardrail height (42") required above the 45'-0" roof height; • Reduced the height of the elevator/stair penthouse to the minimum height required by the elevator manufacturer. All elevator equipment is located in the elevator equipment room on the first floor and not within the elevator penthouse. Pursuant to information provided by the applicant, the manufacturer recommendations require that the elevator contain a hoist beam located at 12'-7" above finish floor for elevator installation purposes. This hoist beam is required to be an 8" deep beam and requires a 4" gap between the roof framing and the beam. The elevator penthouse design minimum height includes the hoist beam height, beam depth, beam gap, roof framing and required roof slope; and • Refined the paint colors to compliment the proposed residential use. Aside from recreational and open space amenities in the form of roof decks (912 SF to -1,295 SF) for each of the four residential units on the fourth floor, an interior landscaped courtyard is proposed on the second floor, which includes a large seating area, landscape planters and enhanced flooring. The third and fourth floors are oriented in the same configuration as the second floor and will overlook the planter and common area on the second floor. A 165-217 SF enclosed storage area is also proposed as an amenity for each of the residential units. September 26, 2017 Item #3 Page 15 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 4 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 1 -Carlsbad Village Center (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, comprising one legal parcel, has a General Plan Land Use designation of Village (V). As discussed in the Village Master Plan, properties within the Village Area do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the Village Master Plan. Table 3 below identifies the permissible density range for properties located within Land Use District 1. TABLE 3 -PROJECT DENSITY Gross Acres Net Acres Allowable Density Range Project Density Density Range: 28-35 du/ac 0.321 ac Same 28 du/ac = 9 units 11 units/0.32 ac = 34.4 du/ac 35 du/ac = 11 units -········· ·--·- As identified above, the project's density of 34.4 dwelling units per acre falls slightly below the maximum allowable density of 35 dwelling units per acre and therefore complies with the allowed density for Land Use District 1. Pursuant to the Housing Element of the General Plan, because a Growth Management Control Point has not been established for residential development in the Village, all residential units approved in the Village must be withdrawn from the City's Excess Dwelling Unit Bank. The City's Excess Dwelling Unit Bank is implemented through City Council Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling units shall agree to provide the number of inclusionary units as required pursuant to C.M.C. Section 21.85.050. As discussed in Section C below, the applicant's proposal to purchase the requisite two (2) affordable housing credits is supported by the city's Housing Policy Team. 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. 7237, the proposed project meets these findings. September 26, 2017 Item #3 Page 16 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028) -THE GRAND MADISON April 5, 2017 Pa e 5 Table 5 below describes how the proposed project is consistent with the various elements of the Carlsbad General Plan. TABLE 5-GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY COMPLIANCE WITH GOAL/POLICY Land Use Goal 2-G.29 The proposed project provides a mix of Maintain the Village as a center for residential and commercial/retail uses at residents and visitors with commercial, an appropriate location within the Village residential, dining, civic, cultural, and (Carlsbad Village Center Land Use District entertainment activities. No. 1). The mixed use building will contribute toward the enhancement of Goal 2-G.30 the Village center and will encourage Develop a distinct identity for the Village greater residential support opportunities. by encouraging a variety of uses and With the increase in the number of activities, such as a mix of residential, residential units and commercial/retail commercial office, restaurants and opportunities in the core of the Village, specialty retail shops, which traditionally the project assists with the creation of a locate in a pedestrian-oriented lively, interesting social environment. The downtown area and attract visitors and project reinforces the pedestrian- residents from across the community by orientation desired for the downtown creating a lively, interesting social area by providing the new residents an environment. opportunity to walk to shopping, recre·ation, and mass transit functions. Policy 2-P.70 Further, the project's proximity to existing Seek an increased presence of both bus routes and mass transit (i.e.,¼ mile) residents and activity in the Village with will help to further the goal of providing new development, particularly residential, new economic development near including residential as part of a mixed-transportation corridors. Overall, the new use development, as well as commercial, residential units will enhance the Village entertainment and cultural uses that as a place for living and working, serve both residents and visitors. Housing Goal 10-G.3 The City's Housing Policy Team reviewed Sufficient new, affordable housing the proposed project and recommended opportunities in all quadrants of the city the applicant purchase two inclusionary to meet the needs of current lower and (i.e., rent and income-restricted) housing moderate income households and those credits in the Tavarua Affordable Housing with special needs, and a fair share Project to fulfill the project's affordable proportion of future lower and moderate housing requirement. The project has income households. been conditioned to require the approval of an Affordable Housing Agreement prior Goal 10-P.15 to recordation of the final map. Pursuant to the lnclusionary Housing Ordinance, require affordability for lower In approving a request for an allocation of income households of a minimum of 15 excess dwelling units, the project shall percent of all residential ownership and meet the findings identified in City Council qualifying rental projects. Policy No. 43. Specifically, the project location and density shall be found to be Policy 10-P.18 compatible with adjacent land uses and the project is consistent with the General September 26, 2017 Item #3 Page 17 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 6 ELEMENT GOAL/POLICY COMPLIANCE WITH GOAL/POLICY Adhere to City Council Policy Statement Plan and any other applicable planning 43 when considering allocation of "excess document. As discussed in the attached dwelling units" for the purpose of Planning Commission Resolution No. 7237, allowing development to exceed the the proposed project meets these Growth Management Control Point findings. {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. Mobility Goal 3-G.1 The proposed project) will have a net gain Keep Carlsbad moving with livable streets of 18 average daily trips (ADTs); the net that provide a safe, balanced, cost-gain factors into account the demolition of effective, multi-modal transportation the existing medical office building. The system {vehicles, pedestrians, bikes, project is consistent with the city's Growth transit), accommodating the mobility Management Plan. In addition, the needs of all community members, proposed project has been designed to including children the elderly and the meet all of the circulation requirements, disabled. which includes but is not limited to, curb, gutter and sidewalk, where appropriate, Goal 3-G.3 and improving the Madison Street Alley Provide inviting streetscapes that frontage. encourage walking and promote livable streets. The project site is located approximately¼ mile from the train/Coaster station which Policy 3-P.S provides service throughout the day. The Require developers to construct or pay project's close proximity to the transit their fair share toward improvements for stop will provide residents with the all travel modes consistent with the opportunity to commute to major job Mobility Element, the Growth centers, thereby reducing vehicle miles Management Plan, and specific impacts traveled {VMTs) and the carbon footprint. associated with their development. Further, the mixed-use project supports walkability and mobility by locating the project near existing goods and services. Public Policy 6-P.6 The proposed structural improvements Safety Enforce the requirements of Titles 18, 20, are required to be designed in and 21 pertaining to drainage and flood conformance with all seismic design control when reviewing applications for standards. In addition, the proposed building permits and subdivisions. project is consistent with all of the applicable fire safety requirements. Policy 6-P.34 Enforce the Uniform Building and Fire Further, the project has been conditioned codes, adopted by the city, to provide fire to develop and implement a program of protection standards for all existing and "best management practices" for the proposed structures. elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. September 26, 2017 Item #3 Page 18 of 42 CT 15-04(A)/RP 15,-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 7 ELEMENT GOAL/POLICY COMPLIANCE WITH GOAL/POLICY Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Noise Goal 5-G.2 The project site is located approximately¼ Ensure that new development is mile east of the train station. The compatible with the noise environment, proposed project is consistent with the by continuing to use potential noise Noise Element of the General Plan in that exposure as a criterion in land use the project has been conditioned to planning. comply with the recommendations of the noise analysis report (Birdseye Planning Policy 5.P.2 Group, December, 2015) to ensure that Require a noise study analysis be the proposed building design adequately conducted for all discretionary attenuates the noise levels for the new development proposals located where condominiums. The windows of each unit projected noise exposure would be other will need to be closed to meet a 45 dB(a) than 11normally acceptable." CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the project is conditioned to comply with the construction requirements of the aforementioned noise study. B. Village Review Zone (C.M.C. Chapter 21.35), Land Use District 1 -Carlsbad Village Center (Village Master Plan and Design Manual) The subject property is located within Land Use District 1-Carlsbad Village Center of the Village Master Plan. Pursuant to the Village Master Plan, mixed-use (commercial retail, professional office and residential uses) is a permitted use. No variances or standards modifications are being requested for the project. The ,specific development standards for new development within Land Use District 1 and the project's compliance with these standards are shown in Table 6 below: TABLE 6 -VILLAGE MASTER PLAN, LAND USE DISTRICT 1 {CARLSBAD VILLAGE CENTER) STANDARD REQUIRED/ALLOWED PROPOSED COMPLY Front Yard Setback No minimum; 10' maximum Ground floor: Yes {Grand Avenue) for the first at grade floor. 1'-2" to 30'-5' 3/8"(**) Setback areas not occupied Upper floors: by a driveway shall be 2'-8" to 25'-2" landscaped and/or contain semi-public amenities such as **The northwest corner of the building courtyard or outdoor seating is setback from the southeast corner of areas. Grand Avenue and Madison Street to allow for the incorporation of a plaza, landscape planter and seating area. These features enhance the project and will activate the street corner. September 26, 2017 Item #3 Page 19 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 8 STANDARD REQUIRED/ ALLOWED PROPOSED Side Yard Setback No minimum or maximum Ground Floor: (Madison Street West (Madison St.): 1'-211 to 30'-5" and south property South: 1' line/elevation) Ur;mer Floors: West (Madison St.): 1'-1" to 25'-3¼" South: 1' to 36' Rear Yard Setback No minimum or maximum Ground Floor: 4' (Madison St. Alley) UQQer Floors: 3' to 11'-3/4" Open Space: 20% = 2,802 SF 72.9% (10,222 SF) Open space may be public or Landscape/Planters: 2,326 SF private and may be dedicated Private Balconies: 2,067 SF to landscaped planters, open Common patio: 1,505 SF space pockets and/or Roof Deck: 4,324 SF connections, roof gardens/patios, balconies, other patios and outdoor eating areas. Building Coverage: 100% 87.1% Building Height: 45' maximum Roof line: 45' Pursuant to C.M.C. 21.46.020, Parapet walls/decorative guardrail: the following project-related 45' to 48' architectural features are Elevator shaft: 60' considered allowed Stairwell: 54' protrusions above height limits and are therefore exempted from the maximum building height standard: parapet walls, tower elements, guardrail, and elevator/stair shafts. COMPLY Yes Yes Yes Yes Yes September 26, 2017 Item #3 Page 20 of 42 CT 15-04{A}/RP 1s~o6(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 9 STANDARD REQUIRED/ ALLOWED PROPOSED Parking Commercial Retail: 20 spaces provided in an enclosed, at- 1 space per 300 sq. ft. of net grade garage for the residential units. floor area. 3,680 SF 7 300 sq. ft.= 12 The balance of the required parking, 12 spaces parking spaces, will be provided through **Can be provided onsite or the participation in the Village Parking satisfied via the Village Parking In-lieu Fee Program. Findings of In-Lieu Fee Program. support are discussed below and Multi-family: Dwellings Planning Commission Resolution No. (outside coastal zone): 7237. -2 spaces per two-bedrooms or more -1 space per one-bedroom units -For condominiums, at least one space must be covered. -Residential development must provide its parking onsite. Guest: No guest parking r~quired for properties located outside of coastal zone Pro12osed 12roject: 2, one-bedroom units 5, two-bedroom units 4, three-bedroom units 1 space x 2 units= 2 spaces 2 spaces x 9 units= 18 spaces Total S12aces Reguired: 12 + 20 = 32 spaces 20 spaces must be provided onsite for the residential units; at least one space per residential unit is required to be covered. Compact Parking A maximum 40% of the total 8 compact spaces proposed number of parking spaces provided on-site may be constructed to meet the requirements of a small or compact vehicle. 40% x 20 spaces = 8 spaces COMPLY Yes Yes September 26, 2017 Item #3 Page 21 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 10 As discussed in Table 6 above, the project proposes to satisfy a portion of its parking requirement to provide 12 parking spaces off-site through participation in the Village Parking In-Lieu Fee Program. The fees collected from the Village Parking In-Lieu Fee Program are deposited into an earmarked, interest- bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Area. The current fee is $11,240 per required parking space to be provided off-site. The project site is located within Parking Zone 1 of the Village, which allows the developer to make an in- lieu fee payment for up to 100% of the on-site parking requirement if the property is located within 600 feet of an existing parking facility. The site is located within 300 feet of two (2) existing public parking lots which combined have a total of 110 parking spaces. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the parking in-lieu fee prior to the issuance of building permits for the project. In order to participate in the Parking In-lieu Fee program, the appropriate decision-maker (City Council) must find that: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; 2. The proposed use is consistent with the land use district in which the property is located; 3. Adequate parking is available within the Village to accommodate the project's parking demands; and 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Justification for the above referenced findings is as follows: 1. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions; 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by redeveloping an underutilized site along Grand Avenue and Madison Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area. 2. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, professional office and commercial retail uses along Grand Avenue and Madison Street, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building in the core of the Village; new commercial lease space, new employment opportunities and new consumers. 3. Adequate parking is available within the Village to accommodate the project's parking demands. Pursuant to the most recent l<imley Horn parking study dated November, 2016, the highest occupancy for all public parking lots combined in the Village was 62% at 1:00 .P.M. in May on a weekend. This utilization ratio allows for continued implementation of the parking in-lieu fee program in that it is less than the 85% threshold for maximum utilization set by the City Council. September 26, 2017 Item #3 Page 22 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 11 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Based on these findings, it is staff's recommendation that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of 12 parking spaces. If the City Council grants participation in the Parking In-Lieu Fee Program the project will satisfy its parking requirement as set forth in the Village Master Plan. C. lnclusionary Housing For all residential development comprising seven (7) or more units, not less than 15% of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. The proposal to construct 11 residential condominiums results in the requirement to construct two (2) inclusionary (i.e., affordable, rent-restricted) housing units. In-lieu of restricting two of the 11 units as inclusionary units, the applicant submitted a request to the city's Housing Policy Team to purchase two affordable housing credits within the Tavarua senior affordable housing project. On February 23, 2017, the City's Housing Policy Team recommended approval of the above-noted request. The two affordable housing credits are available for purchase from the Tavarua Affordable Housing project. As required by CMC Chapter 21.85, the project is conditioned to require the approval of an Affordable Housing Agreement by the City Council prior to recordation of the final map. D. Subdivision Ordinance The proposed project consists of the development of a four (4) story mixed use condominium project. Specifically, one (1) ground floor commercial unit, and 11 residential condominium units are proposed. As conditioned, the design of the proposed tentative tract map and the improvements are consistent with and satisfy the requirements of the General Plan, Village Master Plan, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act. In addition, the design of the subdivision and the required improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. All easements have been identified and none are affected by the proposed subdivision. E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 7 below. TABLE 7 -GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 38.25 sq. ft. Yes Library 20.40 sq. ft. Yes Waste Water Treatment 11 EDU Yes -, ...... Parks 0.08 acres Yes Drainage 1.22 CFS/Basin A (Grand Avenue) Yes 0.37 CFS/Basin B (Madison Street) Existing: 272 ADT Circulation Proposed: 290 ADT Yes Net increase: 18 ADT September 26, 2017 Item #3 Page 23 of 42 CT 15-04(A)/RP 15-06(A) (DEV 15-028)-THE GRAND MADISON April 5, 2017 Pa e 12 STANDARD IMPACTS Fire Station 1 Open Space N/A Elementary= 1.8788 student Schools (Carlsbad) Middle= 0.9251 student High School= 0.8063 student Sewer Collection System 2,983 GPO Water 3,808 GPD COMPLIANCE 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. Pursuant to the Village Master Plan, based upon the gross 0.32 acres on the site, up to 11 residential dwelling unit may be built. Therefore, as 11 residential dwelling units are proposed, a total of 11 residential dwelling units are proposed to be deducted from the Citis Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No. 7237, 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 not to have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan, the Village Master Plan, and the Zoning Ordinance; the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. The mixed use project is not subject to Climate Action Plan measures because the project is below the screening threshold listed in the citis Climate Action Plan (Section 5.3). ATTACHMENTS: 1. Planning Commission Resolution No. 7237 2. Location Map 3. Disclosure Statement 4. Correspondence from Imagine Carlsbad, dated March 9, 2017 5. Reduced Exhibits 6. Full Size Exhibits "A-T" dated April 5, 2017 September 26, 2017 Item #3 Page 24 of 42 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 PLANNING COMMISSION RESOLUTION NO. 7237 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AMENDMENT AND A MAJOR REVIEW PERMIT AMENDMENT TO MODIFY A PREVIOUSLY-APPROVED FOUR-STORY MIXED USE BUILDING TO REPLACE EIGHT (8) PROFESSIONAL OFFICE CONDOMINIUMS ON THE SECOND AND THIRD FLOOR WITH SEVEN (7) ADDITIONAL RESIDENTIAL CONDOMINIUMS. THE RESULTING TOTAL NUMBER OF RESIDENTIAL CONDOMINIUMS PROPOSED WOULD BE INCREASED FROM FOUR (4) TO ELEVEN (11). THE 0.32-ACRE PROJECT SITE IS ADDRESSED AS 725 GRAND AVENUE, AND LOCATED WITHIN LAND USE DISTRICT 1, CARLSBAD VILLAGE CENTER, OF THE VILLAGE REVIEW (VR) ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) CLASS 32 CATEGORICAL EXEMPTION. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04(A)/RP 15-06(A) (DEV 15-028) EXHIBIT 5 WHEREAS, Patrick Smith, LLC, "Developer/Owner" has filed a verified application with the City of Carlsbad regarding properties described as: Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Amendment and a Major Review Permit Amendment as shown on Exhibits "A-T" dated April 5, 2017, on file in the Planning Division, CT 15-04(A)/RP 15-0G(A) -THE GRAND MADISON, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 5, 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 all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map Amendment and Major Review Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: September 26, 2017 Item #3 Page 25 of 42 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES of CT 15-04(A)/RP 15-06(A) -THE GRAND MADISON based on the following findings and subject to the following conditions: Findings: Tentative Tract Map Amendment, CT 15-04(A) 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 amendment to the tentative tract map to replace the office condominiums with additional residential condominiums is consistent with the General Plan and satisfies all minimum requirements of the Village Master Plan and Titles 20 and 21, with respect to public facilities, access and parking as discussed in the project staff report. That the proposed project is compatible with the surrounding future land uses since the surrounding properties are developed, are currently designated as Village (V) in the General Plan and are located in Land Use Districts 1 or 2, Carlsbad Village Center and Office Support Area, respectively, of the Village Master Plan. The subject property is bordered to the north by Grand Avenue, a private parking lot and the Grand Avenue Bar and Grill; to the south by a parking lot and the Blue Ocean restaurant; to the east by the Madison Street Alley and a professional office building; and to the west by Madison Street and Chase bank. Pursuant to the Land Use District 1 of the Village Master Plan, the intent is to reinforce the pedestrian shopping environment, encourage mutually supportive uses and provide activity focus for Carlsbad Village and the City as a whole. 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 0.32 acres, the proposed 11 residential condominium units have a density of 34.4 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 units have been designed to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. PC RESO NO. 7237 -2- September 26, 2017 Item #3 Page 26 of 42 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 7. 8. 9. 10. 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 applicant proposes to purchase two affordable housing credits within the Tavarua Affordable Housing Project 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 developed 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 streets can accommodate the estimated net increase of 18 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 Amendment, RP 15-0G(A) 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 April 5, 2017, including, but not limited to the following: A. Land Use: The proposed project, which includes demolition of an existing dental office building and the construction of a 21,158 square foot four-story mixed-use building consisting of 4,600 square feet of ground floor retail/commercial area, 11 residential condominium units, and an enclosed at-grade parking garage, will enhance the vitality of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing mutually supportive uses in the form of residential and commercial retail uses; reinforcing the pedestrian-orientation that is desired for the downtown area by placing new residents and employees in close proximity to services and the opportunity to walk to local shopping, dining, recreation, and mass transit functions; the project's close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, will contribute to the revitalization of the Village area in the form of a new building at the southeast corner of Grand Avenue and Madison Street which not only provides a strong street presence, landscape planters, a seating area on the corner and visually subordinate parking, but also new commercial lease space, new employment opportunities and new consumers for the Village. B. Housing: The proposed project is consistent with the Housing Element of the General Plan and the City's lnclusionary Housing Ordinance, in that the proposed project is PC RESO NO. 7237 -3- September 26, 2017 Item #3 Page 27 of 42 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 12. C. D. E. F. conditioned to purchase two affordable housing credits to fully satisfy the inclusionary requirement. In February, 2017, the City's Housing Policy Team recommended approval of the above-noted proposal and recommended the developer purchase two affordable housing credits within the Tavarua Affordable Housing Project to satisfy the affordable housing requirement. The project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. Mobility: Grand Avenue and Madison Street can accommodate the estimated 18 ADTs (net increase) and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been, or will be constructed to serve the proposed project. 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. Noise: The project site is located approximately¼ mile east of the train station. 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 (Birdseye Planning Group, December, 2015) to ensure that the proposed building design adequately attenuates the noise levels for the new condominiums. The windows of each unit will need to be closed to meet a 45 dB(a) CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the project is conditioned to comply with the construction requirements of the aforementioned noise study. Land Use District 1 Standards: The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. The project is not requesting any deviations to the development standards. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: A. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; attracting additional tourist-serving uses; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by redeveloping an underutilized site along Grand Avenue and Madison Street with a new building that adheres to the land use regulations and design guidelines set forth for the area; PC RESO NO. 7237 -4- September 26, 2017 Item #3 Page 28 of 42 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 B. C. D. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential and commercial uses along State Street, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and timeshare occupants an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building at the southeast corner of Grand Avenue and Madison Street; new commercial lease space, new employment opportunities and new consumers; Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated November, 2016, the average occupancy for all public parking lots is 62% at its peak. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council; and The In-Lieu Fee Program has not been suspended or terminated by the City Council. City Council Policy No. 43, Allocation for Excess Dwelling Units 13. 14. 15. 16. That the City's Housing Policy Team recommended approval of the request for an allocation of 11 units from the Excess Dwelling Unit Bank in February, 2017. 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, commercial land uses and anticipated uses in that Land Use District 1 of the Village Master Plan is intended to provide for a gradual transition to a mix of higher quality commercial and residential uses which will provide positive support for the core of the Village. 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 0.32 acres, the proposed 11 residential condominium units have a density of 34.4 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 1 of the Village Master Plan and will contribute towards the overall revitalization of the Village Area. 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 11 residential condominium units is satisfying its inclusionary housing obligation through the purchase of two (2) affordable 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 is conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to allocate 11 units for the proposed project. Per the city's Quadrant Dwelling Unit Report (latest available dated January, 2017), 757 units remain available for allocation in the Village. PC RESO NO. 7237 -5- September 26, 2017 Item #3 Page 29 of 42 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 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. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map Amendment and Major Review Permit Amendment. PC RESO NO. 7237 -6- September 26, 2017 Item #3 Page 30 of 42 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 2. 3. 4. 5. 6. 7. 8. 9. 10. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map Amendment and Major Review Permit Amendment 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 prov1s1ons 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 Amendment and Major Review Permit Amendment (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 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. 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. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 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 CFO #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. PC RESO NO. 7237 -7- September 26, 2017 Item #3 Page 31 of 42 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 11. 12. 13. 14. 15. 16. 17. 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 plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. The irrigation systems shall be designed for the use of recycled water unless an exemption is granted by the City of Carlsbad Utility Division. A separate water service for landscaping including but not limited to connections, water meters, and backflow preventers shall be provided. 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. 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 Amendment and Major Review Permit Amendment by Resolution No. 7237 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 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. B. 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. 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. C. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ____ _, Section _____ the City shall PC RESO NO. 7237 -8- September 26, 2017 Item #3 Page 32 of 42 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 18. 19. D. E. F. 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 ___ _ No rooftop deck appurtenances, temporary or permanent, shall project above the 42- inch-tall parapet/safety railing. The CC&Rs shall include this condition, to the satisfaction of the City Planner. This project is being approved as a condominium permit for residential and commercial retail ownership purposes. If any of the residential units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. Prior to the recordation of the first final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad Environmental Impacts on file in the Planning Division). PC RESO NO. 7237 -9- September 26, 2017 Item #3 Page 33 of 42 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 20. 21. 22. 23. 24. 25. 26. 27. 28. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner an Outdoor Storage Plan, and thereafter comply with the approved plan. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. Developer shall construct, install, and stripe not less than 20 parking spaces, including one (1) accessible parking space, as shown on Exhibits "A-T". 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 two (2) 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 issuance of building permits, the Developer shall receive City Council approval to enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 12 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project's parking requirement (12 spaces total). Prior to the issuance of building permits, the applicant shall submit a lighting plan for review and approval by the City Planner. 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 (Birdseye Planning Group, December, 2015). Prior to issuance of the building permit, the Traffic Engineer and City Planner shall determine if the placement of safety signage at the northeast corner of the building is warranted to alert pedestrians and vehicles regarding vehicles backing-out of the parking stalls located within the building and adjacent to the Madison Street alley and Grand Avenue. If it is determined that signage is warranted, the building plans shall incorporate the appropriate signage, to the satisfaction of the Traffic Engineer and City Planner. The footprint of the roof deck and the associated security fencing facing the Grand Avenue and Madison Street frontages shall be setback an additional six (6) feet, to the satisfaction of the City Planner. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, grading permit or building permit whichever occurs first. PC RESO NO. 7237 -10- September 26, 2017 Item #3 Page 34 of 42 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 General 29. 30. 31. 32. 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&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, street trees, sidewalks, landscaping, water quality treatment measures, low impact development features and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 33. 34. 35. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04 may require property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04 may require property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04 may require property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 36. 37. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04 will require property owner to 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. Expiration of grading permit GR 16-04 shall cause 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. PC RESO NO. 7237 -11- September 26, 2017 Item #3 Page 35 of 42 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 Storm Water Quality 38. 39. 40. 41. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Expiration of grading permit GR 16-04 shall cause developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subject to 'Priority Development Project' requirements. Expiration of grading permit GR 16-04 shall cause 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 42. 43. A city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map has been executed. Change in the responsible party will require execution of a new agreement. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb, gutter, sidewalk, pedestrian ramp and driveway approach. B. Alley improvements. C. Sewer lateral, water service and water meter. All new, or upgraded dry utility appurtenances including but not limited to electrical transformers shall be located outside of the public right of way. Non-Mapping Notes 44. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: PC RESO NO. 7237 -12- September 26, 2017 Item #3 Page 36 of 42 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. B. C. D. E. i. ii. Curb, gutter, sidewalk, pedestrian ramp and driveway approach. Alley improvements. iii. Sewer lateral, water service and water meter Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 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. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 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 and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install a 6" diameter sewer lateral and clean-out at a location approved by the city engineer. The locations of sewer lateral shall be reflected on public improvement plans or as directed by the city engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: PC RESO NO. 7237 -13- September 26, 2017 Item #3 Page 37 of 42 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 so. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 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. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 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 plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this Tentative Map Amendment. 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 and shall require review and approval of the City Planner prior to installation of such signs. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map and project site plan are for planning purposes only. PC RESO NO. 7237 -14- September 26, 2017 Item #3 Page 38 of 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please. take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7237 -15- September 26, 2017 Item #3 Page 39 of 42 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 5, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Black, Montgomery, Rodman and Siekmann Commissioner Anderson Commissioner Goyarts JEFF SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: (l~ DON NEU City Planner PC RESO NO. 7237 -16- September 26, 2017 Item #3 Page 40 of 42 Planning Commission Minutes April 5, 2017 Dale Kubacki, 2236 Janis Way, stated his concerns with aesthetics, safety and stealth design. EXHIBIT 6 Page 4 Amanda Mascia, 3625 Amigos Court, Oceanside, stated her concerns with the removal of the facility, overall height of the structure, sound from the generator, and routine testing. 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 a spark arrestor is necessary. Ms. Willy stated yes. Commissioner Montgomery asked if regular testing of Radio Frequency (RF) signals is annual. Ms. Willy stated that testing will take place only during additions or changes, but not on a routine. Chairperson Segall asked if the project is different from cellular systems. Hymeh Urrutia stated that the 800 megahertz frequencies are simflar to those used for cellular facilities and the Federal Communications Commission (FCC) guidelines that apply to cellular antennas apply to the proposal. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7235 approving CUP 16-07 for a period of 10 years, based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 A YES: Chairperson Segall, Commissioner Anderson. Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES; None ABSENT: Commissioner Goyarts ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2. Chairperson Segall asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 3. 3. CT 15-04(A)/RP 15-06(A) -THE GRAND MADISON -Request for approval of a Tentative Tract Map Amendment and Major Review Permit Amendment to modify a previously-approved four-story mixed use building to replace eight (8) professional office condominiums on the second and third floor with seven (7) additional residential condominiums. The resulting total number of residential condominiums proposed would be increased from four (4) to eleven (11). The 0.32-acre project site is addressed as 725 Grand Avenue, and located within Land Use District 1, Carlsbad VIiiage Center, of the Village Review (VR) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Shannon Werneke would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Black stated that he drove by the project Commissioner Siekmann stated that she also drove by the project. September 26, 2017 Item #3 Page 41 of 42 Planning Commission Minutes April 5, 2017 Commissioner Montgomery disclosed that he is familiar with the area. Chairperson Segall stated that he also visited the project. Page 5 Ms. Werneke gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Michael Blumenthal, President of MB Property Acquisitions made a presentation. Chairperson Segall asked if there were any questions of the applicant. Commissioner Montgomery asked why the second story office use is proposed to be eliminated from the original approval. Mr. Blumenthal stated that he thought residential condominiums are appealing for the property and the neighborhood. Commissioner Black asked if darkening features have been considered for the glass to provide privacy. Kirk Moeller, MAA Architects, Suite 250, 2173 Salk Avenue, replied stating that there will be a tint to the glass and window coverings for night time privacy. Commissioner Montgomery asked if the applicant would be willing to setback the linear parapet significantly more than where it is, still keeping the roof decks. Mr. Moeller stated that they would not want the project to be disapproved because of something of that nature and would look into making the modification. Commissioner Anderson asked who will have use of roof decks. Mr. Moeller replied stating that the penthouse tenants located on the upper floor would have exclusive access to the roof decks. Commissioner Black asked why restaurants were not considered for the commercial retail space. Mr. Blumenthal stated because of parl<ing and odors that come out of restaurants that are hard to control. He added that cafes would be ideal for the location. · Commissioner Montgomery asked if they have considered the retail aspects of expanding to attract retail for a different feel. fylr. Blumenthal stated that it is still under consideration. 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. Chairperson Segall opened public testimony on Agenda Item 3. Gary Nessim, 2987 Highland Drive, stated his concerns with setbacks and added that office space in the village core area is needed. Ted Viola, 4858 Park Drive, shared the challenges that the original owner of the project faced during the process of multiple changes. Noel Breen, 1758 Olympia Drive, stated his concerns with parking and the community vision and added that he does not like ugly development. Robert Wilkinson, Suite I, 2911 State Street, shared his concerns with residential land use and stated that there is a need for sound town planning and that is not led by real estate speculation. Mr. Wilkinson stated his concerns with the appearance of the building, height from the parapet wall and the model of mixed use for the village as a downtown. Sheila Musser, Valley Street, stated her concerns with the building height. Michael Pruitt, 770 Camellia place, stated his concerns with the character of the village, architecture and height of the building. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he closed public testimony. September 26, 2017 Item #3 Page 42 of 42 Planning Commission Minutes April 5, 2017 Page 6 DISCUSSION Commissioner Siekmann stated that she would like to discuss the linear parapet and the building height limit. Commissioner Montgomery stated that if the setbacks are pushed back an additional six feet, it will disappear from view at street level. Commissioner Black stated that he would like to discuss Homeowner's Association (HOA) or CC&Rs restrictions to the roof decks, umbrellas or flags. Mr. Neu clarified that a condition could be added to include restrictions for umbrellas on the roof dee!,. Commissioner Montgomery stated his personal opinion on restricting any shading structures that include additional height to the project. Chairperson Segall asked if the roof deck could be eliminated from the project. Mr. Neu clarified that the Village and Barrio master plan requires a specific amount of open space and the project proposes open space in excess of the requirement. Commissioner Anderson stated that she has a problem with the creep issue in regard to the building height limit with the addition of other roof elements blocking and taking away the appeal of the village. Commissioner Anderson stated that she would prefer to see traditional renderings, shared her concerns with parking and stated that she cannot support the project. Commissioner Black stated that he feels like he does not have a choice but to vote in favor of the project. Commissioner Siekmann stated that she can support the project. Chairperson Segall stated that he likes more traditional renderings however will reluctantly support the project. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman that the Planning Commission adopt Planning Commission Resolution No. 7237 approving Tentative Tract Map Amendment CT 15-04(A) and Major Village Review Permit RP 15-06(A) based on the findings and subject to the conditions contained therein including setting back the footprint of the roof deck and the associated security fencing facing the Grand Avenue and Madison Street frontages an additional six feet and no additional temporary or permanent architectural features shall be allowed on the roof decks higher than 42 inches as amended. 5-1-1 Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann Commissioner Anderson Commissioner Goyarts ABSTAIN: None RECESS Chairperson Segall called for a 10-minute recess at 8:47 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:57 p.m. with all Commissioners present.