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
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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.
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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.
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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
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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
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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.
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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
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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
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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:
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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-
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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-
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12.
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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;
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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.
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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.
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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.
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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
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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).
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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.
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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.
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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:
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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
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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
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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
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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.