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2018-01-23; City Council; ; Jefferson Luxury Apartments RP 15-17 /CDP 15-38 (DEV15067)
Currently, the site is accessed by a driveway off Jefferson Street, as well as a driveway off the rear alley. The project proposes to remove the existing driveway off Jefferson Street and replace it with a pedestrian sidewalk, which will allow for additional on-street parking. Vehicular access to the proposed multi-family building will be taken from the rear of the property off the Madison Street alley where residents and guests will have access to a 22-space subterranean parking garage, which includes six (6) guest parking stalls. In addition, three, two- car garages are provided at-grade off the alley, for a total of 28 parking spaces. No parking in- lieu fees are proposed to be paid since the residential parking is required by the Village Master Plan to be provided onsite. The architectural style of the building includes contemporary building features such as a standing seam metal roof, cable railings, a significant ledgestone accent around the base of the building including the entry and garages, horizontal composite wood paneling on the side elevations to accent the elevator and stairwells, and decorative molding to visually break up the second and third floors. A warm, neutral earth tone color scheme is proposed with the use of two different stucco colors. The project is consistent with the design guidelines of the Village Master Plan in that the parking is visually subordinate, and the mass and scale of the building is reduced through various steps in the architecture and increased side yard setbacks on the second, third and fourth floors. In addition, the building design includes a variety of architectural materials and roof forms and the balconies and patios assist in breaking up the mass of the building. Surrounding development includes a one-story single-family home to the north, a one-story home converted to a mortgage office to the south and a one-story home and three-story apartment building to the east. To the west, across the Madison Street alley, are properties developed with a fast food restaurant, a vacant parcel with land use entitlements for a four- story mixed-use building, and a one-story medical office. The project meets all of the development standards for Land Use District 2 including density, setbacks, building height, building coverage, open space and parking. Staff's full analysis of compatibility with the General Plan and the Village Master Plan and Design Manual is contained in the attached Planning Commission Staff Report dated November 1, 2017. At the Planning Commission hearing, two members of the public spoke in opposition to the project. Alan Wanamaker, the owner of a business in close proximity to the project site, was not opposed to the design but expressed concern regarding the loss of office space and lack of a ground floor commercial component to the project. James Vita lie, the owner of the adjacent single-family home to the north, expressed concern regarding the displacement of businesses, density and size of the building, traffic off the alley, parking, and loss of privacy. Planning Commissioners' concerns focused on the mass and scale of the building, construction impacts to circulation and parking in the alley, the preservation of the existing mature tree adjacent to Jefferson Street, displacement of small businesses, and the lack of a mixed use component in the project design. Commissioner Montgomery indicated that although the project meets the development standards and the project exceeds the setbacks, he feels the mass and scale of the building remains large and imposing. Chairperson Segall indicated he understood the public's concerns but the project has been designed to exceed the setback requirements. Commissioner Anderson expressed concern that the garages off the alley may be used for storage or rented to the public. Jan. 23, 2018 Item #7 Page 2 of 52 Staff confirmed that mixed use is also permitted by right in Land Use District 2 of the Village Master Plan, in addition to multi-family apartments. Because multi-family is permitted by right, staff could not require that the ground floor be designated for commercial use. Staff indicated Economic Development staff would be available for relocation consulting assistance, if requested by the existing business owners that would be displaced. Staff also noted that the construction impacts would be monitored as part of the grading permit to limit the amount of disturbance to the adjacent property. Finally, staff emphasized that the recommendation of approval was based on the project's compliance with the development standards, which allow for zero setbacks along the side and rear property lines, up to 35 dwelling units per acre, and a building height up to 45 feet. Subsequent to the Planning Commission meeting, Mr. Vitalie submitted correspondence reiterating his concerns to the City Council's attention. Please see Exhibit 6 for reference. Fiscal Analysis All required improvements needed to serve this project will be funded and/or constructed by the developer. Next Steps City Council's action on this item is final. The developer/property will be required to enter into an Affordable Housing Agreement to designate two (2) of the 11 units as affordable units on- site to satisfy the requirements of the city's inclusionary housing ordinance. Environmental Evaluation (CEQA) The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-fill Development Projects). Climate Action Plan (CAP) Consistency ' The 11-unit multi-family apartment project is not subject to Climate Action Plan measures because the project is below the 70 unit multi-family housing screening threshold listed in the city's Climate Action Plan (Section 5.3). Public Notification Information regarding public notification of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. City Council Resolution 2. Location Map 3. Planning Commission Resolution No. 7272 4. Planning Commission Staff Report dated November 1, 2017 (without Planning Commission Resolution) 5. Planning Commission minutes dated November 1, 2017 6. Correspondence received from James Vitalie, dated November 28, 2017 Jan. 23, 2018 Item #7 Page 3 of 52 RESOLUTION NO. 2018-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF FOUR, SINGLE-STORY OFFICE BUILDINGS AND THE CONSTRUCTION OF A FOUR-STORY, 11-UNIT RESIDENTIAL APARTMENT BUILDING, INCLUDING TWO (2) AFFORDABLE HOUSING UNITS AND A SUBTERRANEAN PARKING GARAGE LOCATED AT 3039 JEFFERSON STREET IN LAND USE DISTRICT 2 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: JEFFERSON LUXURY APARTMENTS RP 15-17/CDP 15-38 (DEV15067) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 1, 2017, hold a duly noticed public hearing as prescribed by law to consider Major Review Permit No. RP 15-17 and Coastal Development Permit No. 15-38, as referenced in Planning Commission Resolution No. 7272; and the Planning Commission adopted Planning Commission Resolution No. 7272 recommending to the City Council that it be approved; and WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider said Major Review Permit and Coastal Development Permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Major Review Permit and Coastal Development Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Thatthe recommendation of the Planning Commission for the approval of Major Review Permit No. 15-17 and Coastal Development Permit No. 15-38, is approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7272 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: Jan. 23, 2018 Item #7 Page 4 of 52 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of January, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, M. Packard. C. Schumacher. None. (SEAL) Jan. 23, 2018 Item #7 Page 5 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 7272 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF FOUR, SINGLE-STORY OFFICES AND THE CONSTRUCTION OF A FOUR-STORY, 11-UNIT RESIDENTIAL APARTMENT BUILDING, INCLUDING TWO (2) AFFORDABLE HOUSING UNITS, LOCATED AT 3039 JEFFERSON STREET IN LAND USE DISTRICT 2 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON LUXURY APARTMENTS CASE NO.: RP 15-17/CDP 15-38 WHEREAS, Tony Tonekaboni, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Private Properties, LLC, "Owner," described as Lots 23, 24, 25, and 26 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 Major Review Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"Q" dated November 1, 2017, on file in the Planning Division RP 15-17/CDP 15-38 -JEFFERSON LUXURY APARTMENTS, as provided by Chapters 21.35 and 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 1, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Major Review Permit and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RP 15-17 /CDP 15-38-JEFFERSON LUXURY APARTMENTS, based on the following findings and subject to the following conditions: Jan. 23, 2018 Item #7 Page 7 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Major Review Permit, RP 15-17 1. 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 November 1, 2017, including, but not limited to the following: a. Land Use -The proposed project, which includes the demolition of four, single-story, office buildings totaling 4,803 square feet and the construction of an 11-unit multi-family apartment building, will enhance the vitality of the Village, specifically land Use District 2 (Office Support Area), by providing new residential units in close proximity to the downtown core area, as well as the train station. The project reinforces the pedestrian- orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Further, the proposed project contributes toward the overall goal of creating quality development in that older office/commercial buildings are proposed to be removed and replaced with 11 high-quality residential apartments, including two inclusionary housing units. Overall, the residential project will contribute towards the revitalization of the Village area. b. Mobility -Jefferson Street can accommodate the estimated 88 ADTs. The proposed project has been designed to meet the circulation requirements, which includes vehicular access off the Madison Street alley. In addition, the applicant will be required to pay traffic impact fees prior to the issuance of building permits that will go toward future road improvements. The proposed project is located approximately a half mile from the train/Coaster station which provides service throughout the day. The project's close proximity to the transit stop will provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. Further, the removal of the existing driveway off Jefferson Street will enhance the streetscape with the addition of landscaping and the extension of the pedestrian sidewalk. c. Noise -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 study (Ldn Consulting, Inc., dated August 6, 2015) to ensure that the proposed building design adequately attenuates the noise levels for the new apartments. The windows of each unit will need to be closed to meet a 45 dBA CNEL interior noise level, mechanical ventilation will be required, and the windows and glass doors will be required to have a minimum STC rating of 26. d. Housing -The proposed project is consistent with the Housing Element of the General Plan and the city's lnclusionary Housing Ordinance, in that the city's Housing Policy Team reviewed the proposed project and recommended the applicant designate two (2) of the 11 multi-family units as inclusionary units (i.e., rent-restricted). The project design reflects this requirement. The project is conditioned to require the approval of an Affordable Housing Agreement prior to issuance of the building permit. PC RESO NO . 7272 -2-Jan. 23, 2018 Item #7 Page 8 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. 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 the applicable fire safety requirements and the entire building will include fire sprinklers in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. Furthermore, the project is conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. f. Land Use District 2 Standards -The project as designed is consistent with the development standards for Land Use District 2, the Village Design Guidelines and all other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. The project is not requesting any deviations to the development standards and all required parking is located on-site. Coastal Development Permit, CDP 15-38 2. 3. 4. 5. 6. That the proposed development is in conformance with the Village Area Segment of the Certified Local Coastal Program and all applicable policies in that the proposed four-story, multi-family building will not obstruct views of the coastline as seen from public lands or the public right of way or otherwise damage the visual beauty of the coastal zone. The project is consistent with the surrounding development, which includes a mixture of commercial and residential buildings. No agricultural uses currently exist on the site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive c~astal resources within the property and is not located in an area of known geologic instability or flood hazard. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no public opportunities for coastal shoreline access are available from the subject site and no public access requirements are required for the project since it is not located between the first public road and the ocean. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, and the National Pollutant Discharge Elimination System (NPDES) requirements to avoid increased urban run-off, pollutants and soil erosion. In addition, the site is relatively flat and does not contain natural steep slopes greater than 25 percent gradient; no native vegetation will be removed; and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). PC RESO NO. 7272 -3-Jan. 23, 2018 Item #7 Page 9 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council Policy No. 43, Allocation for Excess Dwelling Units 7. 8. 9. 10. 11. General 12. That the city's Housing Policy Team recommended approval of the request for an allocation of 11 units from the Excess Dwelling Unit Bank on May 30, 2017. That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven (7) or more units, not less than 15 percent of the total number of units shall be restricted both as to occupancy and affordability to lower income households. The proposal to construct 11 residential multi-family apartments is satisfying its inclusionary housing obligation by designating two (2) of the 11 units on-site as inclusionary units. The project is conditioned to require the approval of an Affordable Housing Agreement prior to issuance of the building permit. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the adjacent mix of residential and non-residential land uses and anticipated uses in Land Use District 2 of the Village Master Plan. Furthermore, the project will provide positive support for the commercial uses in the core of the Village. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.32 acres, the proposed 11 multi-family apartments have a density of 34.4 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 2 of the Village Master Plan and will contribute toward the overall revitalization of the Village Area. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to allocate 11 units. Per the city's Quadrant Dwelling Unit Report (latest available dated September, 2017), 584 units remain available for allocation in the Village. 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. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. 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. PC RESO NO. 7272 -4-Jan. 23, 2018 Item #7 Page 10 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-fill Development Project, of the state California Environmental Quality Act (CEQA) Guidelines. 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 issuance of a grading or building permit, whichever occurs first. 1. 2. 3. 4. 5. 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 Major Review Permit and Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Major Review Permit and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and PC RESO NO. 7272 -5-Jan. 23, 2018 Item #7 Page 11 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. 13. all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 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 pe rmit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to issuance of the grading permit, 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(n) M ajor Review Permit and Coastal Development Permit by Resolution(s) No. 7272 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 7272 -6-Jan. 23, 2018 Item #7 Page 12 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 14. 15. 16. 17. 18. 19. 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's bu ilding, improvement, and grading plans. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall submit and obtain City Planner approval of an exterior lighting plan. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install, and stripe (where applicable} not less than 28 parking spaces, including two (2) accessible parking spaces. Prior to issuance of the building permit, the Developer shall enter into an Affordable Housing Agreement with the city to provide and deed restrict two (2) inclusionary dwelling units. Specifically, two (2) units shall be rented at a price affordable to low income households at 70% of the San Diego County Area Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to issuance of the building permit. The recorded Agreement shall be binding on all future owners and successors in interest. Prior to issuance of the building permit, verification shall be submitted confirming that the building has been designed to comply with the recommendations of the noise study prepared by Ldn Consulting, Inc. (August 6, 2015). Specifically, the windows and glass doors shall have a minimum STC rating of 26 and mechanical ventilation is required for all units. The two-car garages (total of three, two-car garages} shall be available to park two (2) vehicles at all times. Any additional space outside of the area where the cars are parked in the garages may be used for storage by the residents. The garages shall not be rented for storage or private parking. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of 21 this proposed development, must be met prior to approval of building or grading permit whichever occurs first. 22 23 24 25 26 27 28 General 21. 22. 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. PC RESO NO. 7272 -7-Jan. 23, 2018 Item #7 Page 13 of 52 1 2 3 23. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Landscape Manual and City Engineering Standards. The property owner shall maintain this condition. 24. Developer shall include rain gutters on the building plans subject to the City Engineer's review 4 and approval. Developer shall install rain gutters in ·accordance with said plans. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Fees/ Agreements 25. 26. 27. 28. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to submit an executed copy to the City Engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Developer shall process a lot line adjustment to consolidate lots 23, 24, 25, and 26 in block 48 of Map No. 535 into one lot. Grading 29. 30. 31. Upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for City Engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. The developer shall provide a shoring plan to support the basement excavation, including the surcharge loads from adjacent existing structures. The shoring plan must be shown on the grading plans processed in conjunction with this project. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City Engineer for review and approval. Said plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying 21 time restrictions for various construction activities. 22 Storm Water Quality 23 24 25 26 27 28 32. 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. PC RESO NO. 7272 -8-Jan. 23, 2018 Item #7 Page 14 of 52 1 2 3 4 5 6 7 8 9 10 33. 34. 35. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. 11 Dedications/Improvements 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 36. 37. Utilities 38. 39. 40. 41. 42. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems 12" diameter storm drain and larger shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Developer shall design all proposed public improvements including but not limited to (sewer laterals, driveways, curb & gutter and sidewalk, water services/meters, etc.) as shown on the site plan. These improvements shall be shown on grading plans processed in conjunction with this project. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of- way permit prior to performing work in the city right-of-way. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The developer shall design and construct public water, and sewer facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. PC RESO NO. 7272 -9-Jan. 23, 2018 Item #7 Page 15 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders 43. 44. 45. 46 47. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 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 are for planning purposes only. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 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. 7272 -10-Jan. 23, 2018 Item #7 Page 16 of 52 EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. G) P.C. AGENDA OF: November 1, 2017 Application complete date: May 12, 2017 Project Planner: Shannon Harker Project Engineer: Tecla Levy SUBJECT: RP 15-17 /CDP 15-38 (DEV15067) -JEFFERSON LUXURY APARTMENTS -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for the demolition of four, single-story offices and the construction of a four- story, 11-unit residential apartment building, including two (2) affordable housing units, located at 3039 Jefferson Street in Land Use District 2 of the Village Review zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7272 RECOMMENDING APPROVAL of Major Review Permit RP 15-17 and Coastal Development Permit CDP 15-38 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTI ON AND BACKGROUND The 0.32-acre site (APNs 203-351-12,-13) is located on the west side of Jefferson Street, between Carlsbad Village Drive to the north and Oak Avenue to the south. The Madison Street alley borders the site to the west. The project area comprises four lots which are proposed to be merged through a lot line adjustment to facilitate the development of the multi-family building. As the northern half of the project site is located in the Village Segment of the Local Coastal Program, city staff has determined that the project is located in the coastal zone and requires a Coastal Development Permit. The site is currently developed with four, single-story office buildings totaling 4,803 square feet. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 -SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site Village (V) Village Review (V-R) Land Use Four, single-story office District 2, Office Support Area buildings North Village (V) Village Review (V-R) Land Use Single-story, single-family District 2, Office Support Area home South Village (V) Village Review (V-R) Land Use Single-story, single-family District 2, Office Support Area home/mortgage office Jan. 23, 2018 Item #7 Page 18 of 52 RP 15-17/CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 2 East Village (V) Village Review (V-R) Land Use District 2, Office Support Area West Village (V) Village Review (V-R) Land Use District 1, Carlsbad Village Center Single-story, single-family home and three-story apartment building Fast-food restaurant and future four-story mixed use building (4 Plus 1 Luxury Living RP 15-16/CDP 15-37) The proposed project entails a request for approval of a Major Review Permit and Coastal Development Permit to demolish four, single-story offices and to construct an 11-unit, four-story, multi-family apartment building. Two (2) of the 11 units are proposed to be designated as affordable housing units (i.e., income-restricted). The multi-family residential building has a maximum height of 45 feet and comprises four stories of residential units above a subterranean parking garage. No architectural projections are proposed. Grading for the project consists of 3,888 cubic yards of cut for the development of the parking garage. As no fill is proposed, the soil will be exported from the site. A grading permit will be required for the project. A detailed breakdown of each type of unit is summarized in Table 2 below. TABLE 2 -DETAILS FOR UNIT TYPE Unit# Floor Size Bedrooms/Bathrooms Private Deck Space 1 1 2,206 SF 3/3.5 66 SF 2 1 2,206 SF 3/3.5 66 SF 3 1 1,200 SF 2/2 64 SF Income-restricted unit 4 1 1,200 SF 2/2 64 SF Income-restricted unit 5 2 2,050 SF 3/3.5 -287 SF 6 2 2,050 SF 3/3.5 287 SF 7 2 2,588 SF 4/4.5 179 SF 8 3 1,943 SF 3/3.5 172 SF 9 3 1,943 SF 3/3.5 172 SF 10 3 2,252 SF 4/4.5 132 SF 11 4 2,660 SF 4/4.5 574 SF Currently, the site is accessed by a driveway off Jefferson Street, as well as a driveway off the rear alley. The project proposes to remove the existing driveway off Jefferson Street and replace it with a pedestrian sidewalk, which will allow for additional on-street parking. Vehicular access to the proposed multi-family building will be taken from the rear of the property off the Madison Street alley where residents and guests will have access to a 22-space subterranean parking garage, which includes six (6) guest parking stalls. In addition, three, two-car garages are provided at-grade off the alley, for a total of 28 parking spaces. Pedestrian access to the project from Jefferson Street will be provided by a walkway which bisects the Jefferson Street sidewalk. Each of the apartments includes a private deck, ranging in size from 64 to 574 square feet. Jan. 23, 2018 Item #7 Page 19 of 52 RP 15-17/CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 3 The architectural style of the building includes contemporary building features such as a standing seam metal roof, cable railings, a significant ledgestone accent around the base of the building including the entry and garages, horizontal composite wood paneling on the side elevations to accent the elevator and stairwells, and decorative molding to visually break up the second and third floors. A warm, neutral earth tone color scheme is proposed with the use of two different stucco colors. The project is consistent with the design guidelines of the Village Master Plan and Design Manual by providing access to the parking area from the alley, stepping the building back at upper levels, utilizing simple building forms, and providing visual interest on all sides of the building. 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 (VR) Zone (CMC Chapter 21.35), Land Use District 2, Office Support Area (Village Master Plan and Design Manual); C. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual); D. lnclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use designation The subject property has a General Plan Land Use designation of Village (V). As discussed in the Village Master Plan, properties within the Village Area do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the Village Master Plan. Table 3 below identifies the permissible density range for properties within Land Use District 2, Office Support Area, of the Village Master Plan. TABLE 3-PROPOSED DENSITY Allowable Density Range; Project Density; Gross Acres Net Acres Min/Max Dwelling Units per Village Master Plan Proposed Dwelling Units 0.32 0.32 28-35 du/ac 34.4 du/ac Minimum: 9 dwelling units 11 dwelling units Maximum: 11 dwelling 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 2. 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 (EDUB). The EDUB is implemented through City Council Policy No. 43. Pursuant to City Council Pol icy No. 43, an applicant for an allocation of dwelling Jan. 23, 2018 Item #7 Page 20 of 52 RP 15-17/CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 4 units shall agree to provide the number of inclusionary units as required pursuant to CMC Section 21.85.050 and shall execute an Affordable Housing Agreement (AHA) prior to issuance of the building permit pursuant to CMC Section 21.85.140. As discussed in Section D below, the proposal to designate two (2) of the 11 multi-family units as inclusionary units is consistent with the inclusionary housing requirement as set forth in City Council Policy No. 43. In addition, the project is conditioned to require the execution of the AHA prior to issuance of the building permit. 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. 7272, the proposed project meets these findings. Since the proposed project requires approval from the City Council, the City Council is the-final decision-making authority for the allocation from the EDUB. Table 4 below summarizes the project's compliance with the General Plan. TABLE 4 -GENERAL PLAN COMPLIANCE Element Goal/Policy Compliance with Goal/Policy Land Use Goal 2-G.29: The proposal to construct 11 multi- Maintain the Village as a center for residents family units will enhance the vitality and visitors with commercial, residential, of the Village by providing new dining, civic, cultural, and entertainment residential units in close proximity to activities. the downtown core area, as well as the train station. The project Goal 2-G.30: reinforces the pedestrian orientation Develop a distinct identity for the Village by desired for the downtown area by encouraging a variety of uses and activities, providing an opportunity for the such as a mix of residential, commercial office, residents to walk to shopping, restaurants and specialty retail shops, which recreation, and mass transit traditionally locate in a pedestrian-oriented functions. The project's proximity to downtown area and attract visitors and existing bus routes and mass transit residents from across the community by will help to further the goal of creating a lively, interesting social providing new economic environment. development near transportation corridors. Policy 2-P.70: Seek an increased presence of both residents Overall, the residential project will and activity in the Village with new contribute to the revitalization of the development, particularly residential, Village area. including residential as part of a mixed-use development, as well as commercial, entertainment and cultural uses that serve both residents and visitors. Mobility Goal 3-G.3: The proposed project has been Provide inviting streetscapes that encourage designed to meet all of the walking and promote livable streets. circulation requirements, which includes vehicular access off the Madison Street alley. In addition, the applicant will be required to pay Jan. 23, 2018 Item #7 Page 21 of 52 RP 15-17/CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 5 Policy 3-P.S: traffic impact fees prior to the Require developers to construct or pay their issuance of building permits that will fair share toward improvements for all travel go towards future road modes consistent with the Mobility Element, improvements. the Growth Management Plan, and specific impacts associated with their development. The proposed project is located approximately a half mile from the train/coaster station which provides service throughout the day. The project's close proximity to the transit stop will provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. In addition, the removal of the existing driveway off Jefferson Street will enhance the streetscape with the addition of landscaping and the extension of the pedestrian sidewalk. Public Goal 6-G.l: The proposed structural Safety Minimize injury, loss of life, and damage to improvements are required to be property resulting from fire, flood, hazardous designed in conformance with all material release, or seismic disasters. seismic design standards. In addition, the proposed project is Policy 6-P.6: consistent with all of the applicable Enforce the requirements of Titles 18, 20, and fire safety requirements. 21 pertaining to drainage and flood control when reviewing applications for building Further, the project is conditioned to permits and subdivisions. develop and implement a program of "best management practices" for the Policy 6-P.34: elimination and reduction of Enforce the Uniform Building and Fire codes, pollutants which enter into and/or adopted by the city, to provide fire protection are transported within storm standards for all existing and proposed drainage facilities. structures. 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 noise study prepared by Ldn Ensure that new development is compatible Consulting, Inc. (August 6, 2015) with the noise environment, by continuing to determined that the worst-case Jan. 23, 2018 Item #7 Page 22 of 52 RP 15-17 /CDP 15-38 (DEV15067) -JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 6 use potential noise exposure as a criterion in cumulative noise level from the land use planning. surrounding roadways was 65 dBA CNEL at the property line. The Policy 5.P.2: Require a noise study analysis be project is conditioned to comply with conducted for all discretionary development the recommendations of the noise proposals located where projected noise study to ensure that the proposed exposure would be other than "normally building design adequately acceptable." attenuates the noise levels for the new apartments. The windows of each unit will need to be closed to meet a 45 dBA CNEL interior noise level, mechanical ventilation will be required, and the windows and glass doors will be required to have a minimum STC rating of 26. Housing Goal 10-G.3: The city's Housing Policy Team Sufficient new, affordable housing reviewed the proposed project and opportunities in all quadrants of the city to recommended the applicant meet the needs of current lower and designate two (2) of the 11 multi- moderate income households and those with family units as inclusionary units (i.e., special needs, and a fair share proportion of rent-restricted). The project design future lower and moderate income reflects this requirement. The households. project is conditioned to require the approval of an Affordable Housing Policy 10-P.15: Pursuant to the lnclusionary Agreement prior to issuance of the Housing Ordinance, require affordability for building permit. lower income households of a minimum of 15 percent of all residential ownership and In approving a request for an qualifying rental projects. allocation of excess dwelling units, the project shall meet the findings Policy 10-P.18 identified in CC Policy No. 43. Adhere to City Council Policy Statement 43 Specifically, the project location and when considering allocation of "excess density shall be found to be dwelling units" for the purpose of allowing compatible with adjacent land uses, development to exceed the Growth the General Plan and any other Management Control Point (GMCP) density. applicable planning document. As With limited exceptions, the allocation of discussed in the attached Planning excess dwelling units will require provision of Commission Resolution No . 7272, the housing affordable to lower income proposed project meets these households. findings. Jan. 23, 2018 Item #7 Page 23 of 52 RP 15-17 /CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 7 B. Village Review Zone (CMC Chapter 21.35), Land Use District 2, Office Support Area (Village Master Plan and Design Manual) The subject property is located within Land Use District 2, Office Support Area, of the Village Master Plan. Multi-family developments are permitted by right in Land Use District 2. In addition, the Village Master Plan does not require office uses on the bottom floor for multi-family project s located on Jefferson Street. The specific development standards for new development within Land Use District 2 and the project's compliance with these standards is shown in Table 5 below. No variances or standards modifications are requested for the project. TABLE 5 -COMPLIANCE WITH VILLAGE MASTER PLAN, LAND USE DISTRICT 1 STANDARD REQUIRED/ ALLOWED PROPOSED COMPLY Front Yard Setback For residential projects, 10-foot minimum for all floors, Yes 10 feet average for all floors with varying building setbacks; including the ground floor. up to 32 feet at the 4th floor. Side Yard Setback No minimum or maximum No setback at pt floor; up to 30 Yes requirement feet for the 2nd_4th floors. Rear Yard Setback No minimum or maximum No setback at 1st floor; up to 47 Yes requirement feet for the 4th floor. Building Height 45 feet 45 feet; no architectural Yes projections Building Coverage 100% 92% Yes Roof Pitch 50% of the total roofstructure At least 50% of the roof Yes must have a 5:12 roof pitch structure has a 5:12 roof pitch Open Space 20% (2,795 sq. ft.) 65% Yes Landscape areas -1,672 sq. ft. Private decks -2,063 sq. ft. Common decks -2,806 sq. ft. Total -6,341 sq . ft. Parking 2 spaces/unit for two and three-Subterranean 1;1arking garage: Yes bedroom units 16 tenant, 6 guest spaces, 11 x 2 = 22 spaces including 2 accessible spaces =22 spaces Guest parking: 0.5 spaces/unit for first 10 units; 0.25 spaces/unit At-grade garages off alley: in excess of 10 3, two-car garages off alley 10 x 0.5 -5 spaces = 6 spaces 1 x 0.25 = 0.25 spaces 22 + 6 = 28 spaces 5 + 0.25 = 5.25 or 6 spaces One additional on-street, 22 + 6 = 28 spaces public parking space will be added as a result of the replacement of the existing driveway with a curb, gutter and sidewalk. Jan. 23, 2018 Item #7 Page 24 of 52 RP 15-17 /CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 8 C. Coastal Development Regulations for the Village Segment of the Local Coastal Program (CMC Chapter 21.81 and Village Master Plan and Design Manual) The site for the proposed project is located within the Village Segment of the Coastal Zone. Consistency with the Village Local Coastal Program is required for this project. The Village Master Plan and Design Manual function as the Local Coastal Program for the Village area. Therefore, as long as the project is consistent with the Village Master Plan and Design Manual, the project is consistent with the Local Coastal Program. Staff finds the proposed project, as discussed in the prior section, to be consistent with the Village Master Plan and Design Manual and therefore the Local Coastal Program. D. lnclusionary Housing Ordinance Pursuant to the City's lnclusionary Housing regulations, specifically CMC Chapter 21.85.030, for any market-rate residential development of seven (7) units or more, not less than 15 percent of the total number of units shall be restricted both as to occupancy and affordability to lower income households. To satisfy the above-noted requirement, the applicant proposes to designate two (2) of the 11 units on- site as inclusionary (i.e., rent-restricted) units. As required by CMC Chapter 21.85, the project is conditioned to require the approval of an Affordable Housing Agreement prior to issuance of the building permit. E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Zone 1 The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 6 below. TABLE 6 -GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 38.24 sq. ft. Yes Library 20.40 sq. ft. Yes Waste Water Treatment 11 EDUs Yes Parks .08 acres Yes Drainage Basin A, 1.49 CFS Yes Circulation 88ADT Yes Fire Station 1 Yes Open Space N/A N/A Schools Carlsbad (E: 2.8, M: 0.9, H: 1.1) Yes Sewer Collection System 2,750 GPD Yes Water 1,254 GPD Yes Properties located within the boundaries of the Village Master Plan do not have a Growth Management Control Point or an allocation for dwelling units. Therefore, as 11 units are proposed, a total of 11 dwelling units are proposed to be deducted from the city's Excess Dwelling Unit Bank (EDUB). Pursuant to Planning Commission Resolution No. 7272, the allocation from the EDUB can be supported. Jan. 23, 2018 Item #7 Page 25 of 52 RP 15-17/CDP 15-38 (DEV15067)-JEFFERSON LUXURY APARTMENTS November 1, 2017 Pa e 9 IV. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Project) Class 32 Categorical Exemption. The project is consistent with the Village Master Plan as well as the General Plan, 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 resu lt 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. The project is exempt from {urther environmental documentation pursuant to Section 15332 ofthe State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. The 11-unit multi-family project is not subject to Climate Action Plan measures as the project is below the 70 unit multi-family housing screening threshold listed in the city's Climate Action Plan. ATTACHMENTS: 1. Planning Commission Resolution No. 7272 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A" -"Q" dated November 1, 2017 Jan. 23, 2018 Item #7 Page 26 of 52 ~ ~ . i I i l l I I ~ • __.,, I ! . ! ! I I l f LIN!eoe EX1ST1N6 ~~T\JRE =VE @ ~~~~~~~~~~:::::~~~~~~~~~~:;~~~'I,_,._ :;,~~-I I 1-----__ _ 10' J S~T BACK PARKING PROVIDED 6 61JEST PARKING FROM THAT 2 Of llEM 15 H.G. PARl(JN6 I 5TANDAAD atST PAR):;ING 6 STANDARD PAAl'IN6 22 TOTAL PAAKIHS 2e, !!!::!!!:! UNIT-8 '4':I' ;,( @ ci ~ (') ~ -~ \ ·! "TF \ l.OCATI~ 01"6A5 HEreR w: I ( ___ 1-J /I / I I 1 LINEOF---_/ EXISTING "'""'""" TO ""MOVE SETBACKS FLOOR DECK 3BED~S 2206 5.F. !FLOOR &6 5.F. DECK 3 1/2 BA TH ROOHS 3 6EOROOM5 l<t43 S.F. 112 5.F. 3 .'2 6A THROOHS REQUIREMENT GARAGE LEVEL 1st FLOOR UNIT-2 Fl.-OOR 2206 5.F. DECK 66 5.F. 3 BEDROOMS 3 )$ BATHROOMS UN!T-3 (AFFORDABLE UNIT) Fl.-OOR 1200 5.F. DEGK 64 5.F. 2 BED ROOMS 2 BATH ROOM5 UNIT-4 /AFFORDABLE UNIT) FLOOR 1200 S.F. DECK 64 5.F . 2 BED ROOMS 2 BATH ROOMS UNIT-5 FLOOR DEC~ 3 BEDROOMS UNIT-6 FLOOR DEGK 3 BEDROOMS 2050 5.F 2~1 5.F. 3 .J!i BATHROOMS 2050 5.F. 2~1 5.F. 3 JS BATHROOHS FLOOR DECK :5 BEDROOMS UNIT-10 FLOOR DECK 1"143 5.F. 112 S.F. 3)S BATl1ROOM5 2252 5.F. 132 5.F . 4 BEDROOM 4 ~ BATHROOMS UNIT-11 FLOOR DECK 4 BEDIWOt-15 2660 5.F. 514 5.F. 4 )S BATHROOMS COMMON AREA lOTN, JM2!,J'. COMMON HALLWAY BBQ. 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LANDSCAPE -· 1 A 01 4 BEDROOMS 4 ~ BATHROOMS 20:'-3S\-l2 203-:'Sl-l:5 VICINllY MAP NO SCALE I; -TOTAL 1614 5.F. 8 5+fT NG>. , Jan. 23, 2018 Item #7 Page 32 of 52 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER November 1, 2017 PLANNING COMMISSION 6:00 p.m. November 1, 2017 COUNCIL CHAMBER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Goyarts led the Pledge of Allegiance. ROLL CALL EXHIBIT 5 Page 1 Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Shannon Harker, Associate Planner Chris Garcia, Associate Planner David Rick, Associate Engineer APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of October 18, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of October 18, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Jan. 23, 2018 Item #7 Page 47 of 52 Planning Commission Minutes November 1, 2017 Page 2 1. RP 15-17/CDP 15-38 (DEV15067) -JEFFERSON LUXURY APARTMENTS -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for the demolition of four, single-story offices and the construction of a four-story, 11-unit residential apartment building, including two (2) affordable housing units, located at 3039 Jefferson Street in Land Use District 2 of the Village Review zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Shannon Harker would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed she drove through the property. Commissioner Goyarts disclosed that he also drove through the property and viewed it on Google Earth. Commissioner Rodman disclosed she walked by the property. Commissioner Montgomery disclosed he has been by the property several times. Chairperson Segall disclosed that he has also driven by the property. Ms. Harker gave a brief presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Rodman inquired about the fourth garage. Ms. Harker clarified that it is for the trash enclosure. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Bruce Baker, 31674 Corte Rosario, Temecula, assisted by Tony Tonekaboni, 2652 Escala Circle, San Diego, stated that they would be available to answer any questions. Commissioner Rodman asked if the four bedroom apartment will be occupied by the applicant. Mr. Baker replied yes. Commissioner Rodman asked if the applicant would be amenable to restrict garage rental by a condition. Mr. Baker replied yes. Commissioner Goyarts asked if the applicant has other projects in the city. Mr. Baker stated yes, a four unit condominium on Madison Street. Mr. Goyarts asked if the intent was to build the project and sell the building. Mr. Baker replied no. Chairperson Segall asked if there were any other questions for the applicant. Seeing none, he asked if any person in the audience wished to speak on the item. Alan Wanamaker, 7982 Amargosa Drive, stated his concerns with the displacement of small businesses to residential development in the village. James Vitale, 3037 Jefferson Street, also shared his concerns regarding the displacement of small businesses in the village, density, privacy, traffic and parking. Jan. 23, 2018 Item #7 Page 48 of 52 Planning Commission Minutes November 1, 2017 Page 3 Chairperson Segall asked if any other member of the audience wished to speak on the item. Seeing none, he closed public testimony and asked if the applicant could respond to the issues raised. Mr. Baker and Mr. Tonekaboni replied no. Chairperson Segall asked if staff could respond to the issues raised. Ms. Harker commented that the first, second and third floors of the project are setback 10 to 15 feet and the fourth floor is setback further. The project exceeds the development standards and requirements along the property line as there is not a requirement to setback the second, third or fourth floor. She stated that the project is within the allowable density of 35 maximum dwelling units per acre. Ms. Harker commented that there will be a net loss of Average Daily Trips (ADT) due to the demolition of 4,800 square feet of commercial use to be replaced with multifamily residential. Chairperson Segall asked if the issues related to parking in the alley during construction could be addressed. Associate Engineer David Rick clarified that the project is conditioned to require a grading permit, therefore an engineering inspector will be assigned to monitor a proper construction plan to minimize the amount of disturbance to the neighbors. He stated that the project also requires an erosion control plan to control rain runoff as well as dust control. Chairperson Segall asked how engineering would handle construction vehicles traveling through a narrow alley. Mr. Rick replied a preconstruction meeting would go over the details about construction and the applicant would be required to submit a phasing plan to show the staging so that traffic in the alley would not be disrupted. Commissioner Goyarts asked if the property is zoned for mixed use. Mr. Neu indicated yes. Commissioner Anderson stated that the Village and Barrio Master Plan is set up to allow mixed use, however it is not required. The Planning Commission does not have the jurisdiction or authority to make any changes. Ms. Harker clarified yes, multifamily dwelling units are permitted by right. Commissioner Siekmann wondered if the applicant would be open to providing photovoltaic solar panels or solar water heaters. Mr. Baker stated that it would be a possibility. Commissioner Rodman asked if the large tree would stay in place. Mr. Tonekaboni replied if the root extends out to the underground garage area, then it would be cut. Mr. Neu clarified that the Parks and Recreation department would have to approve any modification or removal of the tree. The applicant indicated that they would make an effort to preserve the tree, if feasible. DISCUSSION Commissioner Anderson appreciates the neighbors commenting about the village feel, stated that she has a lot of concern with that and wished to have more discretion over the topic. Commissioner Montgomery commented that the project meets the definition of all development standards as the applicant has gone beyond that with architectural setbacks, however, he feels the mass of the structure is large. Commissioner Montgomery concluded stating that the project is imposing and concurs with Commissioner Anderson that it would be nice to have discretion in the future. Commissioner Goyarts asked if the city could assist in relocating the businesses if the project is approved. Mr. Neu stated that there is not a formal requirement for the applicant. However, the Economic Development staff would be more than happy to help with that effort if they are interested in getting assistance in finding available locations. Commissioner Goyarts thinks that the project is massive for the surrounding area although it is consistent with the Village and Barrio Master Plan. He would like to see the local business stay within the City of Carlsbad as his personal preference is to have mixed use. Commissioner Black concurs with his fellow Commissioners. He feels lucky that the building is not larger than the proposed project. He thanked the applicant for not taking advantage of everything that zoning has to offer and keeping it somewhat less than what could have been. Commissioner Black can support the project. Chairperson Segall understands the publics concerns and stated that the applicant is doing everything by the book as they are going beyond the minimum requirements with setbacks and the articulation. Chairperson Segall concluded that the project fits the zoning requirements and land use planning and can support the project. Jan. 23, 2018 Item #7 Page 49 of 52 Planning Commission Minutes November 1, 2017 Page4 MOTION A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to add a condition that requires the two-car garages (total of three, two-car garages) be available to park two (2) vehicles at all times. Any additional space outside of the area where the cars are parked in the garages may be used for storage by the residents. The garages shall not be rented for storage or private parking. The Commission voted 7-0. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7272 recommending approval of Major Review Permit RP 15-17 and Coastal Development Permit CDP 15-38 to the City Council based on the findings and subject to the conditions contained therein as amended. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. CDP 2016-0006 (DEV2016-0061) -MFD-01 -Request for approval of a Coastal Development Permit to demolish an existing single-family home and construct a four-unit apartment building on a 0.25-acre infill site located at 2637 Jefferson Street, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303, "New Construction or Conversion of Small Structures," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Chris Garcia would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed she drove by the property. Commissioner Goyarts disclosed he viewed the property on Google Earth. Chairperson Segall disclosed that he also drove by the property. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson inquired about the turning area on the driveway. Mr. Garcia clarified the turning radius is a multi-point turn and the vehicle that would be vacating the parking space would have the space to utilize for turning. Commissioner Anderson asked if the illustrations are for cars leaving those specific parking spaces. Mr. Garcia replied yes, it is for vehicles that were in the parallel parking spaces. Mr. Rick stated that the template used for a passenger vehicle which is fairly conservative because it was produced back in the ?O's when vehicles were much larger. Jan. 23, 2018 Item #7 Page 50 of 52 From: jdvitalie@aol.com [mailto:jdvitalie@aol.com] Sent: Tuesday, November 28, 2017 12:49 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Proposed Luxury Apartment Project at 3039 Jefferson Street. To: Carlsbad City Council Members Subject: RP 15-17 /CDP 15°38(DEV15067) Jefferson Luxury Apartments EXHIBIT 6 I attended the 11/01/17_ Carlsbad Planning Commission meeting regarding this project and voiced my opposition. One other concerned citizen also voiced opposition. No one other than the owner spoke in favor of the proposal, but it was nonetheless unanimously approved by the commission members. I am passing on my concerns to you for you consideration prior to any final approval of this project by the city council. 1) My property at 3037 Jefferson Street is next door to this proposed development. Originally, the two lots proposed for this development were zoned for two single family residences. While zoning laws may have changed over the years, the size of the lots have not. An 11 unit 4 story luxury complex is way too dense those two lots. 2) Before construction begins, 8 small businesses occupying the existing space will be forced to relocate. 3) The neighbors of 3039 Jefferson will suffer noise, dust and commotion likely for a year while existing structures are demolished and the new structure is built. Jefferson Street and the alleyway behind it will likely suffer crowding and blockage during the demolition and construction phase. 4) Street parking is already scarce during business hours on Jefferson Street. While the proposal does include parking, luxury unit renters are likely to have multiple vehicles beyond spaces available in the complex parking and Jefferson Street will get the overflow, impacting nearby businesses and residents. 5) The alleyway in the rear of the property is very narrow, often blocked by garbage trucks or delivery trucks servicing KFC/Taco Bell. The luxury unit parking is proposed for alleyway access, adding more congestion to that narrow alleyway. 6) Last year, the Carlsbad Planning Commission approved another four story structure right behind this one at 3050 Madison Street. The same concerns about building density and traffic were also raised at the November 2016 meeting by a number of neighborhood residents, and again, no one spoke in favor of the project other than the developer, but it was approved anyway. 7) Upon completion of these projects, adjacent residents would lose a great deal of privacy. All the current structures on the west side of this block on Jefferson are one story, so this luxury unit will stick out like a middle finger. There is nothing even charming about the proposed design, it looks like just another overbuilt monstrosity and not at all in character for the village. Jan. 23, 2018 Item #7 Page 51 of 52 8) Are the residents of Carlsbad really clamoring for more downtown luxury unit apartments? I think not, especially those residents who have to live next to these behemoths, or those businesses who are forced to move to accommodate them. At the planning commission meeting, the owner of 3039 Jefferson said he plans to occupy the top fourth floor himself. I am now wondering if the remaining units will be offered as short term or vacation rentals rather than long term resident occupancy. If you asked the residents of Carlsbad whether they want more luxury apartments or if they would prefer more affordable housing downtown, we can make a good guess on what that answer might be. Thanks in advance for your consideration. Best regards, James Vitalie 3037 Jefferson St. Carlsbad CA 92008 Jan. 23, 2018 Item #7 Page 52 of 52 AFFIDAVIT OF MAILING NOTICE OF PUBLIC. HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: _1.___./_,.J~~~',_....._R.....__ ________ _ SUBJECT: DATE NOTICES MAILED TO PROPERTY OWNERS: ---------- NUMBER MAILED: __ /-=3_3=---- 1 declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune maast News PUBLICATION DATE: Union Tribune -------------- CoastNews __ J,__._/__....,_,¥.........,, __ /j ___ ';?~~------ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct.Ji • Da~J~Lrncw:» 1LJ. J72,-__ (Signature) . Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, January 23, 2018, to consider approving a Major Review Permit and Coastal Development Permit to allow for the demolition of four, single- story offices and the construction of a four-story, 11-unit residential apartment building, including two (2) affordable housing units, located at 3039 Jefferson Street in Land Use District 2 of the Village Review zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1, and more particularly described as: Lots 23, 24, 25, and 26 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 Whereas, on November 1, 2017 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Major Review Permit and Coastal Development Permit to allow for the demolition of four, single-story offices and the construction of a four-story, 11-unit residential apartment building, including two (2) affordable housing units, located at 3039 Jefferson Street in Land Use District 2 of the Village Review zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, January 18, 2018. If you have any questions, please contact Shannon Harker in the Planning Division at (760) 602-4621 or shannon.harker@carlsbadca.gov. If you challenge the Major Review Permit and/or the Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: RP 15-17/CDP 15-38 (DEV15067) CASE NAME: JEFFERSON LUXURY APARTMENTS PUBLISH: FRIDAY, JANUARY 12, 2018 CITY OF CARLSBAD CITY COUNCIL CITY OF CARLSBAD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, January 23, 2018, to consider approving a Major Review Permit and Coastal Development Permit to allow for the demolition of four, single-story offices and the construction of a four-story, 11-unit residential apartment building, including two (2) affordable housing units, locat- ed at 3039 Jefferson Street in Land Use District 2 of the Village Review zone, the Village Segment of the Local Coastal Program, and ""''ithin Local Facilities Management Zone 1, and more particularly described as: Lots 23, 24, 25, and 26 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the OU1ce of the County Recorder of San Diego County, May 2, 1888 VVhereas, on Nm·ember 1, 2017 the City of Carlsbad Planning Commission voted 7-0 to recommend approval of a Major Review Permit and Coastal Development Permit to allow for the demolition of four, single-story offices and the construction of a four-story, 11-unit residential apartment building, including two (2) affordable housing units, locat- ed at 3039 Jefferson Street in Land Use District 2 of the Village ReYiew zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environ- ment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Those persons wishing to speak on this proposal are cordially invited to attend the pub- lic hearing. Copies of the staff report will be available on and after Thursday, January 18, 2018. If you have any questions, please contact Shannon Harker in the Planning DiYision at (760) 602-4621 or shaonon barker@cadshadca gov- If you challenge the Major ReYiew Permit and/or the Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. 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A, .... _, l'r-\t:'."-1 ~n tn-1,-.n Jefferson Luxury Apartments RP 15-17/CDP 15-38 Agenda Item #7 City staff: Shannon Harker City Council January 23, 2018 Location Map 0 ,.··" ',I!, Jefferson Luxury Apartments RP 15-17 / CDP 15-38 0 150 300 600 Surrounding Uses Mortgage Office Senior Apartments Project Site Surrounding Uses Physical Therapy Office Parking-west side of alley Alley-looking north toward Carlsbad Village Drive 4 –story mixed use project approved Project Site Project Site Site Plan ALLEYJEFFERSON STREETRAMP TO GARAGE 11 units 34.4 du/ac ~: + ~ fl ~· .!} I ,4'Jr.6'Tm:~ INT-t l!Y~t-4 fO tr ~ ft ~ ir 1111'-! ~· Parking 22 resident spaces 6 guest spaces = 28 required/proposed •6 spaces at grade in garages •22 in parking garage RAMP PARKING GARAGE RAMP ~ 0 !'I : ...... ? ao :llol"2 114• EiJeT :; ~MKING G ~ ;,. ? $2 ? <sT ~ ~ f'i'll'll(IHO • ~ ~ :; --· ~ ~ ISt.i~T ~ :; $2 ~ ~ ~T f'~~ ? ·G :'1! l C\1 1"~1116 ~ ? :t ~ :w-,ow• 24'-0' $9 .. "IO'~· ~ :; ~ ·• -~ ~ ~ : ~ jr Ground Floor 1st floor: 4 units 2nd floor: 3 units 3rd floor: 3 units 4th floor: 1 unit OPEN 10 RMI> ~,-u-;-;-----tto 9 0--.... East and South Elevations 1,200-2,660 SF 2, two bedroom 6, three bedroom 3, four bedroom Allowed height: 45’ Proposed: 45’ -No architectural projections North and West Elevations Parking Garage Roof Plan Property Line AlleyJefferson St.20’29’ 8.5’15’ 10’ 32’ Inclusionary Housing •2 units required •2 units provided on-site •1,200 SF, 2 bed/2 bath •Rent-restricted Planning Commission Recommended approval (7-0) Discussion regarding use of garages off the alley, mass and scale, displacement of small businesses, construction impacts and parking in the alley, lack of ground floor commercial/mixed use component Two residents spoke in opposition Correspondence letter received from adjacent property owner; attached to staff report Project Consistency Complies with the Village Master Plan –Consistent with development standards –Architectural relief and use of colors/materials reduce mass and scale of building –Parking provided off the alley and in subterranean garage Project Consistency, cont’d Consistent with Local Coastal Program Allocation for excess dwelling units can be supported with inclusion of affordable housing; units available in EDUB Exempt from CEQA Recommendation Adopt a Resolution approving Major Review Permit RP 15-17 and Coastal Development Permit CDP 15- 38 for the demolition of four,single-story office buildings and the construction of a four-story,11- unit residential apartment building, including two affordable housing units and a subterranean parking garage located at 3039 Jefferson Street. South and West Elevations North and East Elevations 2nd Floor 8 0 f c:,c:,c:, I N a -~- 2b6B 'S.F .. IMT'-7 2050 S-F. INl-t u,w,_ 3rd and 4th Floors