Loading...
HomeMy WebLinkAbout2018-02-13; City Council; ; Carlsbad Village Center RP 16-13/CDP 16-35 (DEV16040)CA Review ~I..____ e CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: February 13, 2018 Mayor and City Council Kevin Crawford, City Manager Shannon Harker, Associate Planner shannon.harker@carlsbadca .gov or 760-602-4621 A Major Review Permit and Coastal Development Permit for 1) the removal of an existing retail use; 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five residential apartments located at 2995 State Street; and 3) a request to participate in the Parking In-Lieu Fee Program. Carlsbad Village Center RP 16-13/CDP 16-35 (DEV16040) Recommended Action That the City Council hold a public hearing and adopt a Resolution approving Major Review Permit No. RP 16-13 and Coastal Development Permit No. CDP 16-35 for 1) the removal of an existing retail use; 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five residential apartments; and adopt a Resolution approving a request to participate in the Parking In-Lieu Fee Program for 17 commercial parking spaces. Executive Summary The applicant is seeking approval of a Major Review Permit and Coastal Development Permit for the removal of the existing storage containers and the construction of a 25,631 square foot (SF), four-story, 45-foot-tall mixed-use building, including a 12-space subterranean parking garage, 3,954 SF of ground floor retail use, 2,339 SF of professional office use on the second floor and five residential apartments on the second, third and fourth floors. Two automobile elevators off the State Street alley are proposed to provide vehicular access to the 12-space subterranean parking garage. One accessible parking space is proposed at-grade off the alley. To satisfy the balance of the required commercial parking spaces, the applicant proposes to pay the established parking in-lieu fee for 17 commercial spaces through the Village Parking In-Lieu Fee Program. The current fee for each parking space is $11,240. The proposed density for the project is 29.4 dwelling units per acre; the maximum allowable density in Land Use District 1 of the Village Master Plan is 35 dwelling units per acre. Projects of less than seven dwelling units are allowed to satisfy their inclusionary housing obligation through the payment of an affordable housing in-lieu fee for each market-rate unit. On December 6, 2017, the Planning Commission conducted a public hearing and recommended approval of the project (6-1, Goyarts voting No). February 13, 2018 Item #9 Page 1 of 138 Discussion The 0.17-acre site (2995 State Street, APN 203-293-06-00) is located on the northwest corner of State Street and Carlsbad Village Drive. The State Street alley, which provides vehicular access to the site, borders the property to the west. The site is currently developed with a retail use, the Choice Superfood Bar & Juicery. To address concerns received as a result of the Early Public Notice as well as input from staff, the design and massing of the proposed four-story, mixed-use building was revised prior to the Planning Commission hearing. The redesign improves the compatibility with the adjacent two- story building to the north and softens the massing of the building as viewed from State Street and Carlsbad Village Drive. Specifically, the building setbacks for the second, third and fourth floors were increased to reduce the mass and scale of the project and to create additional opportunities for patios. The fourth floor steps back significantly further from the second and third floors and features articulated gable roofs and Craftsman-style detailing. The introduction of varied wall surface planes creates a further reduction in building mass when viewed from the pedestrian level. In addition, the architectural materials were updated from predominantly stucco and composite horizontal siding to a brick fa~ade, which is more complementary to materials utilized in the building to the north. The ground floor retail area was updated to include a darker brick base, while the upper levels utilize a lighter brick with accent bands. Decorative trusses enhance the exterior and roof line profile, as well as the retail level entries. To enhance the entrance to the residential and office lobby, a "green" screen wall with landscaping is also proposed at the northwest corner of the site. Retail shops fronting Carlsbad Village Drive and State Street are proposed to be highlighted with vintage signage and varied canopies. The project meets or exceeds all of the development standards for Land Use District 1, including density, setbacks, building height, build ing coverage, and open space. No variances or standards modifications are requested. In addition, no architectural height projections are proposed. 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 December 6, 2017. At the Planning Commission hearing, several members of the public spoke in opposition to the project. A majority of the concerns focused on the proposed 45-foot height, the architectural design of the four-story mixed use building and the resulting impact it would have on the character of the Village. Concerns were also raised regarding the applicant's proposal to participate in the Parking ln-Ueu Fee Program for 17 commercial parking spaces, as well as traffic and the lack of parking in the Village. Three members of the public spoke in favor of the project, generally indicating that it was a well-designed mixed-use project which would contribute towards the revitalization of the Village. The Planning Commission discussed the design and recognized the efforts the applicant made to reduce the massing of the building through various design elements and significant steps in February 13, 2018 Item #9 Page 2 of 138 the building, beyond what is currently required in the Village Master Plan. Commissioner Anderson expressed concern regarding parking and felt the stress on parking may lead to the need for parking meters, permits or a parking structure. Commissioner Montgomery had concerns regarding the mix of office and residential uses on the second floor and the potential for incompatibility. Chairperson Segall was supportive of the design and subterranean parking and indicated that the mixed-use project is a good example for smart growth. Commissioner Goyarts liked the architecture, mixed-use and the inclusion of long-term rentals; however, he could not support the project given the public comments regarding four-story buildings in the Village and their impacts on the existing quaint character. The Planning Commission adopted Resolution No. 7276 (Exhibit 4), which included a condition prohibiting short-term vacation rentals in the apartment units. City staff proposes the deletion of the condition as short-term vacation rentals are permitted by right in the coastal zone. The City Council Resolution, included as Exhibit 1, recommends the deletion of the condition. A significant amount of correspondence has been received throughout the discretionary permit process. Please see attached Exhibit 7 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 owner will be required to enter into a Parking In-Lieu Fee Agreement to pay the established parking in-lieu fee for 17 commercial p~rking spaces ($11,240 for each parking space) to fully satisfy the parking requirements pursuant to the Village Master Plan. 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 mixed use project is not subject to Climate Action Plan measures because the project is below the screening threshold of 900 MTC02e; therefore, the project is not subject to the 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. February 13, 2018 Item #9 Page 3 of 138 Exhibits 1. City Council Resolution 2. City Council Resolution approving a Parking In-Lieu Fee Agreement 3. Location Map 4. Planning Commission Resolution No. 7276 5. Planning Commission Staff Report dat~d December 6, 2017 (without Planning Commission Resolution) 6. Planning Commission minutes dated December 6, 2017 7. Correspondence received from the public February 13, 2018 Item #9 Page 4 of 138 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR 1) THE REMOVAL OF AN EXISTING RETAIL USE; AND 2) THE CONSTRUCTION OF A 25,631 SQUARE FOOT, FOUR-STORY, MIXED-USE BUILDING CONSISTING OF A SUBTERRANEAN PARKING GARAGE, GROUND FLOOR RETAIL, COMMERCIAL OFFICE SPACE AND FIVE (5) RESIDENTIAL APARTMENTS LOCATED AT 2995 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE CENTER CASE NO.: RP 16-13/CDP 16-35 (DEV16040) EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Plannin,g Commission did, on December 6, 2017, hold a duly noticed public hearing as prescribed by law to consider Major Review Permit No. RP 16-13 and Coastal Development Permit No. 16-35, as referenced in Planning Commission Resolution No. 7276; and the Planning Commission adopted Planning Commission Resolution No. 7276 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. That the recommendation of the Planning Commission for the approval of Major Review Permit No. 16-13 and Coastal Development Permit No. 16-35, is approved, and that, with exception to Condition No. 20, which has been deleted, the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7276 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 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: February 13, 2018 Item #9 Page 5 of 138 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) ATTACHMENT A Space above this line for Recorder's use Assessor's Parcel Number APN 203-293-06-00 ~----------------Project Number and Name RP 16-13/CDP 16-35 (DEV16040)- CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT Carlsbad Village Center THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this day of ______ , 2018, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Leor Lakritz, ("Program Participant"), is made with reference to the following: RECITALS A Program Participant is the owner of certain real property located at 2995 State Street (APN: 203-293-06-00) 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 Major Review Permit (RP 16-13) and Coastal Development Permit (CDP 16-35), which provides conditional approval for the construction of a four-story mixed-use building and participation in the Parking In-Lieu Fee Program for 17 parking spaces to satisfy a portion of the on-site commercial parking requirement ("Project"). B. Condition No. 17 of Planning Commission Resolution No. 7276 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Major Review Permit No. 16-13 and Coastal Development Permit No. 16-35 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of 17 parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Major Review Permit No. 16-13 and Coastal Development Permit No. 16-35 to satisfy a portion of the commercial parking requirement for the Project according to the requirements set forth in this Agreement. 1 CA 11/5/2014 February 13, 2018 Item #9 Page 9 of 138 5. NOTICES APN: 203-293-06-00 RP 16-13/CDP 16-35 (DEV16040)-CARLSBAD VILLAGE CENTER 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: Leor Lakritz 8502 East Chapman Avenue, #614 Orange, CA 92869 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 17 parking spaces for the Project, the Program Participant shall have no further obli_gations 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 February 13, 2018 Item #9 Page 11 of 138 Address: 2995 State Street Assessor Parcel No.: 203-293-06-00 APN: 203-293-06-00 RP 16-13/CDP 16-35 (DEV16040) -CARLSBAD VILLAGE CENTER EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That certain parcel of Land identified as "PARCEL A" Exhibit B of Certificate of Compliance No. COC 2017-0008 recorded November 28, 2017 as Instrument No. 2017-0550018 of Official Records, said land being further described as follows: Lots 1, 2, and 3 in Block "I" 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 February 13, 2018 Item #9 Page 14 of 138 SITE MAP • N NOT TO SCALI= Carlsbad Village Center RP 16-13 I CDP 16-35 EXHIBIT 3 February 13, 2018 Item #9 Page 15 of 138 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. Housing -The proposed project is consistent with the Housing Element of the General Plan and the city's lnclusionary Housing Ordinance, in that as less than seven (7) units are proposed, the inclusionary requirements may be satisfied through the payment to the city of an in-lieu inclusionary housing fee. The project is conditioned to require the payment of the applicable housing in-lieu fee for five (5) units prior to issuance of the building permit. f. 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 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. Coastal Development Permit, CDP 16-35 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 in that the ground floor retail uses complement the retail uses in the commercial core and the residential units proposed on the upper three (3) floors are stepped back from the first floor to reduce the mass and scale of the building. In addition, the proposed architectural style, while contemporary in nature, complements the existing architectural style of the adjacent one and two-story buildings to the north. 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 coastal resources within the property and it 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 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 ofthe Zoning Ordinance}. PC RESO NO. 7276 -3-February 13, 2018 Item #9 Page 18 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 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; 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 developing the northwest corner of Carlsbad Village Drive and State Street with a new building that adheres to the land use regulations and design guidelines set forth for the area; b. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, professional office and commercial retail uses along Carlsbad Village Drive and State 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 with new commercial lease space, new employment opportunities and new consumers; c. Adequate parking is available within the Village to accommodate the project's parking demands in that based on the most recent parking study (Kimley Horn, September 2017), the average occupancy for all public parking lots is 51.1 percent. The single highest measurement of occupancy was on a weekday afternoon in May 2016, wherein the occupancy rate was 70 percent. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85 percent threshold for maximum utilization set by the City Council; and d. 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 8. 9. That pursuant to CMC Section 21.85.110, for all qualifying residential development less than seven (7) units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct five (5) multi-family apartments has been conditioned to pay the applicable housing in-lieu fee for five units 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 mixed use buildings up to 45 feet in height with a density of 28-35 dwelling units per acre are permitted by right in Land Use District 1 of the Village Master Plan. Furthermore, the project will provide positive support for the commercial uses in the core of the Village. PC RESO NO. 7276 -4-February 13, 2018 Item #9 Page 19 of 138 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 10. 11. 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 0.17 acres, the proposed mixed use project, which includes five (5) multi-family apartments, has a density of 29.4 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 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 5 units. Per the city's Quadrant Dwelling Unit Report (latest available dated September 2017), 584 units remain available for allocation in the Village. General 12. 13. 14. 15. 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. 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. PC RESO NO. 7276 -5-February 13, 2018 Item #9 Page 20 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 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 orfurther 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 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. PC RESO NO. 7276 -6-February 13, 2018 Item #9 Page 21 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 16. 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. 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) Major Review Permit and Coastal Development Permit by Resolution(s) No. 7276 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall construct, install, and stripe not less than 13 parking spaces, including one (1) accessible parking space and five (5) compact parking spaces, as shown on Exhibits "A" -"S". 17. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 17 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 (17 spaces total). PC RESO NO. 7276 -7-February 13, 2018 Item #9 Page 22 of 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. Prior to the issuance of the building permit, the Developer shall record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). Prior to the issuance of the building permit, the Developer shall pay to the city an inclusionary housing (in lieu/impact) fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. The residential apartment units shall not be used as vacation rentals at any time. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of building or grading permit whichever occurs first. General 21. 22. 23. 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 apply for and complete the processing of a certificate of compliance for lot legality purposes to the satisfaction of the City Engineer. Developer shall pay processing fees per the city's latest fee schedule. Fees/ Agreements 24. 25. 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. 26. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private canopy located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Grading 27. Based 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 as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. PC RESO NO. 7276 -8-February 13, 2018 Item #9 Page 23 of 138 EXHIBIT 5 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. G) P.C. AGENDA OF: December 6, 2017 Application complete date: June 29, 2017 Project Planner: Shannon Harker Project Engineer: Kyrenne Chua SUBJECT: RP 16-13/CDP 16-35 (DEV16040} -CARLSBAD VILLAGE CENTER -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for 1) the removal of existing storage containers; 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five (5) residential apartments; and 3) the purchase of 17 parking in-lieu fees. The 0.17-acre property is addressed as 2995 State Street and is located on the northwest corner of State Street and Carlsbad Village Drive, in Land Use District 1 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. 7276 RECOMMENDING APPROVAL of Major Review Permit RP 16-13 and Coastal Development Permit CDP 16-35 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The 0.17-acre site (APN 203-293-06-00) at 2995 State Street is located on the northwest corner of State Street and Carlsbad Village Drive. The State Street alley borders the site to the west. The property is located within the boundaries of the coastal zone; the project is not located within the Coastal Commission's appealable area. The site is currently developed with a storage container which has been repurposed as a smoothie bar. An application is currently on file to add two (2) additional storage containers to the site for the sale of food and alcohol (AMEND 2017-0009/AMEND 2017-0010). The uses are considered to be interim until the subject site is redeveloped. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. February 13, 2018 Item #9 Page 28 of 138 RP 16-13/CDP 16-35 (DEV16040) -CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 3 TABLE 2 -UNIT SUMMARY Unit Bedrooms/Bathrooms Size 2A 1 bedroom/ 1,224 SF 1.5 bathrooms 3A 1 bedroom+ den/ 1,357 SF 1.5 bathrooms 38 1 bedroom/ 849 SF 1.5 bathrooms 3C 1 bedroom/ 1,224 SF 1.5 bathrooms 4A 1 bedroom + den/ 2,468 SF 2 bathrooms Private Patio/Deck/Terrace 116 SF 133 SF 140SF 116 SF 1,957 SF The architectural massing of the proposed mixed use building consists of a retail base at-grade with upper level office space and residential units (second and third floors) stepped back, creating opportunities for patios and reducing building mass. The fourth floor steps back further and features articulated gable roofs and craftsman-style detailing. Retail shops fronting Carlsbad Village Drive and State Street are proposed to be highlighted with vintage signage and varied canopies. All tenant units include private balconies that have views of downtown Carlsbad. Varied wall surface planes create a further reduction in building mass when viewed from the pedestrian level. The primary architectural material utilized throughout the building design is a brick facade. Specifically, the ground floor retail .area includes a darker brick base, with the upper levels using a lighter brick with accent bands. Decorative trusses enhance the exterior and roof line profile, as well as the retail level entries. A "green" screen wall with landscaping is proposed along the northern property line adjacent to the residential and office lobby, which creates an enhanced entry and provides an aesthetic buffer from the adjacent two-story building to the north. The project proposes to satisfy the inclusionary housing obligation associated with the development of five (5) residential apartments through the payment of in-lieu inclusionary housing fees. The proposed density of the project is 29.4 dwelling units per acre and will generate 236 average daily trips. Grading for the proposed project includes 2,500 cubic yards of cut for the development of the subterranean parking garage and no fill. As a result, a total of 2,500 cubic yards of material is proposed to be exported from the site. 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 1, Carlsbad Village Center (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. February 13, 2018 Item #9 Page 30 of 138 RP 16-13/CDP 16-35 (DEV16040)-CARLSBAD VILLAGE CENTER December 6, 2017 Pa e4 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. For mixed use projects, the minimum allowable density is calculated based on 50 percent of the developable area. Table 3 below identifies the permissible density range for properties located within Land Use District 1. TABLE 3-PROJECT DENSITY Allowable Density Range; Project Density; Gross Acres Net Acres Min/Max Dwelling Units per Village Master Plan Proposed Dwelling units Density Range : 28-35 du/ac Minimum units (based on 50% of the developable area): 0.17 X 0.50 = 0.08 29.4 du/ac 0.17 ac 0.17 0.08 acres x 28 du/ac = 2 units 5 dwelling units Maximum units: 0.17 acres x 35 du/ac = 6 units 2-6 dwelling units= allowable range Pursuant to the Housing Element of the General Plan, because a Growth Management Control Point has not been establ.ished 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 Carlsbad Municipal Code (CMC) Section 21.85.050. As discussed in Section C below, the proposal to pay in-lieu inclusionary housing fees for five (5) residential units is consistent with the inclusionary housing requirements as set forth in City Council Policy No. 43. In addition, the project is conditioned to pay the requisite in-lieu inclusionary housing fees prior to recordation of the final map. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and applicable provisions of the General Plan and other applicable planning documents. As discussed in the attached Planning Commission Resolution No. 7276, the proposed project meets these findings. Since the proposed project requires approval from City Council, the City Council is the final decision-making authority for the allocation from the Excess Dwelling Unit Bank. February 13, 2018 Item #9 Page 31 of 138 RP 16-13/CDP 16-35 (DEV16040} -CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 5 The following Table 4 describes how the proposed project is consistent with the various elements of the Carlsbad General Plan. TABLE 4-GENERAL PLAN COMPLIANCE Element Goal/Policy Compliance with Goal/Policy Land Use Goal 2-G.29: The proposed four-story mixed-use Maintain the Village as a center for residents development provides mutually and visitors with commercial, residential, supportive uses in the form of dining, civic, cultural, and entertainment residential, professional office and activities. retail opportunities and reinforces the pedestrian orientation desired Goal 2-G.30: for the downtown area by providing Develop a distinct identity for the Village by new residents and employees an encouraging a variety of uses and activities, opportunity to walk to local such as a mix of residential, commercial office, shopping, dining, recreation, and restaurants and specialty retail shops, which mass transit functions. Its close traditionally locate in a pedestrian-oriented proximity to existing bus routes and downtown area and attract visitors and the train station help to further the residents from across the community by goal of providing new economic and creating a lively, interesting social residential development near environment. transportation corridors. The project will contribute to the revitalization of Policy 2-P.70: the Village area in the form of a new Seek an increased presence of both residents building in the core of the Village and activity in the Village with new with new commercial lease space, development, particularly residential, new employment opportunities and including residential as part of a mixed-use new consumers. 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 include vehicular access off the State Policy 3-P.5: Street alley. In addition, the Require developers to construct or pay their applicant will be required to pay fair share toward improvements for all travel traffic impact fees prior to the modes consistent with the Mobility Element, issuance of building permits that will the Growth Management Plan, and specific go towards future road impacts associated with their development. improvements. The proposed project is located approximately~ 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 February 13, 2018 Item #9 Page 32 of 138 RP 16-13/CDP 16-35 (DEV16040) -CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 6 Public Goal 6-G.l: Safety Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. Policy 6-P.6: Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. Policy 6-P.34: Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.39: Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Noise Goal 5-G.2: Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Policy 5.P.2: Require a noise study analysis be conducted for all discretionary development proposals located where projected noise exposure would be other than "normally acceptable." 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. The existing street trees along State Street and Carlsbad Village Drive will be retained. The project proposes to add raised planters and potted plants adjacent to the retail storefronts to further enhance the streetscape and promote livable streets. The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements. Further, 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. The noise study prepared by Birdseye Planning Group (July 2016) determined that the worst-case cumulative noise level from the surrounding roadways and the railroad was 64.1 and 70.7 dBA CNEL, respectively, at the property line. The proposed project is designed to meet or exceed California Energy Code Title 24 standards, which require construction methods and materials resulting in energy efficient structures and up to a 30 dBA reduction in exterior noise levels. February 13, 2018 Item #9 Page 33 of 138 RP 16-13/CDP 16-35 (DEV16040}-CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 7 Housing Goal 10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households. Policy 10-P.15: Pursuant to the lnclusionary Housing Ordinance, require affordability for lower income households of a minimum of 15 percent of all residential ownership and qualifying rental projects. Policy 10-P.18 Adhere to City Council Policy Statement 43 when considering allocation of "excess dwelling units" for the purpose of allowing development to exceed the Growth Management Control Point (GMCP} density. With limited exceptions, the allocation of excess dwelling units will require provision of housing affordable to lower income households. Assuming the windows are closed and with the inclusion of mechanical ventilation (proposed as part of the project}, interior noise levels would be reduced to less than the 45 dBA CNEL interior noise level threshold. As less than seven (7) units are proposed, the inclusionary requirements may be satisfied through the payment to the city of an in-lieu inclusionary housing fee. The project is conditioned to require the payment of the applicable housing in- lieu fee for five (5) units 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, the General Plan and any other applicable planning document. As discussed in the attached Planning Commission Resolution No. 7276, the proposed project meets these findings. B. Village Review Zone (CMC 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. The specific development standards for new development within Land Use District 1 and the project's compliance with these standards are shown in Table 5 below. No variances or standards modifications are requested. In addition, no architectural projections are proposed. TABLE 5 -VILLAGE MASTER PLAN, LAND USE DISTRICT 1 (CARLSBAD VILLAGE CENTER) STANDARD REQUIRED/ ALLOWED PROPOSED COMPLY Front Yard Setback Ground floor: Ground Floor: Yes (State Street} No minimum or maximum setback 1' to 9' February 13, 2018 Item #9 Page 34 of 138 RP 16-13/CDP 16-35 (DEV16040) -CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 8 Upper floors: Upper Floors: 10' average setback Exceeds 10' average along the State Street and Carlsbad Village Drive frontages Side Yard Setback: No minimum or maximum setback None to 17' Rear Yard Setback: No minimum or maximum setback 3-' 6" to 10' -6" (State Street Alley) Open Space: 20% = 1,500 SF 55% (4,115 SF) Open space may be public or private Landscape/Planters: and may be dedicated to 852 SF landscaped planters, open space Private Balconies/Roof Terrace: pockets and/or connections, roof 3,263 SF gardens/patios, balconies, other patios and outdoor eating areas. Building Coverage: 100% 87% Building Height: 45' maximum 45' Parking: Commercial Retail and Office: Proposed: One (1) space per 300 SF of net floor 13 spaces on-site, plus a request area. to purchase 17 parking credits. 5,779 SF "a" 300 SF= 20 spaces Multi-famil~ Dwellings 12 parking spaces are provided 1.5 spaces per 1 bedroom unit onsite in the subterranean parking (shall be provided onsite) garage and one handicap van accessible parking stall is provided Guest: off the State Street alley. 0.5 spaces per unit for properties located in coastal zone The balance of the required Proposed project: parking, 17 parking spaces, will be provided through the participation 5, one-bedroom apartments in the Village Parking In-Lieu Fee 1.5 spaces x 5 units= 7.5 spaces Program. Findings of support are 0.5 spaces x 5 units= 2.5 spaces discussed below and also in Total residential spaces required = Planning Commission Resolution 10 spaces No. 7276. Total Spaces Reguired: 20 + 10 = 30 spaces 10 spaces must be provided onsite for the 5 residential units and guest parking. The remaining spaces can be provided onsite, or satisfied via the Village Parking In-Lieu Fee Program. Compact Parking A maximum 40% of the total 5 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 13 spaces= 5 spaces Yes Yes Yes Yes Yes Yes Yes February 13, 2018 Item #9 Page 35 of 138 RP 16-13/CDP 16-35 {DEV16040)-CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 9 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 with varied materials and window forms. As discussed in Table 5 above, the project proposes to satisfy a portion of its requirement to provide parking spaces off-site through participation in the Village Parking In-Lieu Fee Program. The fees collected from the Village Parking In-Lieu Fee Program are deposited into an earmarked, interest-bearing fund to be used for construction of new, or maintenance of existing, public parking facilities within the Village Area. For the purposes of determining participation in the program, the Village has been divided into two (2) parking zones {i.e., Zone 1 and Zone 2). The subject property is located within Zone 1, which allows developers/property owners to make an in-lieu fee payment for up to 100 percent of the on-site parking requirement for proposed new development, conversion and/or intensifications of use if the property is located within 600 feet of an existing public parking facility. Pursuant to Figure 17 of the Village Master Plan, several public parking lots are located within 600 feet of the property. The project applicant is requesting participation in the Village Parking In-Lieu Fee Program for 17 parking spaces or 57 percent of the total required parking for the project. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the parking in-lieu fee prior to the issuance of building permits for the project. The current fee is $11,240 per required parking space to be provided off-site. In order to participate in the Village Parking In-Lieu Fee Program the following findings must be made by the appropriate decision-making authority: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; 2. The proposed use is consistent with the land use district in which the property is located; 3. Adequate parking is available within the Village to accommodate the 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 developing the northwest corner of Carlsbad Village Drive and State Street with a new 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 Carlsbad Village Drive and State 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 February 13, 2018 Item #9 Page 36 of 138 RP 16-13/CDP 16-35 (DEV16040) -CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 10 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 with 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. Based on the most recent parking study (May and July 2017, weekday/weekend), the average occupancy for all public parking lots is 51.1 percent. The single highest measurement of occupancy was on a weekday afternoon in May 2017, wherein the occupancy rate was 70 percent. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85 percent threshold for maximum utilization set by the City Council; and 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Based on these findings, it is staff's recommendation that the proposed project warrants granting participation in the Parking In-Lieu Fee Program for a maximum of 17 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 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) 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 and in Planning Commission Resolution No. 7276, to be consistent with the Village Master Plan and Design Manual and, therefore, the Local Coastal Program. D. lnclusionary Housing Ordinance Pursuant to CMC Chapter 21.85, for all residential development less than seven (7) units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct five (5) residential apartment units is conditioned to pay the applicable housing in- lieu fee for five (5) units 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 17.38 sq. ft. Yes Library 9.27 sq. ft. Yes Waste Water Treatment 5 EDUs Yes Parks .03 acres Yes February 13, 2018 Item #9 Page 37 of 138 RP 16-13/CDP 16-35 (DEV16040)-CARLSBAD VILLAGE CENTER December 6, 2017 Pa e 11 Drainage Basin A (alley): 0.23 CFS Basin B (Carlsbad Village Drive/State Street): 0.66 CFS Circulation 236 ADT Fire Station 1 Open Space N/A Schools Carlsbad (E: 0.85, M: 0.42, H: 0.37) Sewer Collection System 1,870 GPD Water 2,698 GPD Yes Yes Yes N/A Yes Yes Yes Properties located within the boundaries of the Village Master Plan do not have a Growth Management Control Point or an allocation for dwelling units. Therefore, as five (5) units are proposed, a total of five (5) dwelling units are proposed to be deducted from the city's Excess Dwelling Unit Bank {EDUB). Pursuant to Planning Commission Resolution No. 7276, the allocation from the EDUB can be supported. 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 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. The project is exempt from further environmental documentation pursuant to Section 15332 of the State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. Pursuant to a Greenhouse Gas Analysis prepared for the proposed project (Birdseye Planning Group, May 2017), the annual emissions generated by the proposed project would total 243 MTC02e. Therefore, the project is not subject to Climate Action Plan measures as the project does not exceed the 900 MTC02e screening threshold. ATTACHMENTS: 1. Planning Commission Resolution No. 7276 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A" -"S" dated December 6, 2017 February 13, 2018 Item #9 Page 38 of 138 SITE MAP " • N NOT TO SCALE Carlsbad Village Center RP 16-13 I CDP 16-35 ATIACHMENT2 February 13, 2018 Item #9 Page 39 of 138 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER December 6, 2017 PLANNING COMMISSION 6:00 p.m. December 6, 2017 COUNCIL CHAMBER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Black led the Pledge of Allegiance. ROLL CALL EXHIBIT 6 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 Chris Sexton, Assistant Planner Cliff Jones, Senior Planner Shannon Harker, Associate Planner Carl Stiehl, Associate Planner Jason Geldert, Engineering Manager APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of November 15, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann to approve the minutes of the Regular Meeting of November 15, 2017. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: Commissioner Black PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Kris Wright, 4902 Via Arequipa, gave the Commission an update on the Marja Acres development project and thanked staff and the Commission. Robert Wilkinson, 2277 Cameo Road, provided a handout to the Commission that expresses points of interest on the Village and Barrio Master Plan. February 13, 2018 Item #9 Page 61 of 138 Planning Commission Minutes December 6, 2017 Page 3 Chairperson Segall asked if any member of the audience wished to address Agenda Item 2. Seeing none, he opened and closed public testimony. ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7277 approving Coastal Development Permit CDP 2017-0043 based upon the findings and subject to the conditions contained therein. 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 Items 1 and 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. RP 16-13/CDP 16-35 {DEV16040) -CARLSBAD VILLAGE CENTER -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for 1) the removal of existing storage containers; 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five (5) residential apartments; and 3) the purchase of 17 parking in-lieu fees. The 0.17-acre property is addressed as 2995 State Street and is located on the northwest corner of State Street and Carlsbad Village Drive, in Land Use District 1 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 3 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 that she drove by the property. Commissioner Black disclosed that he has been by the property many times. Commissioner Goyarts disclosed that he has been by the property and viewed it on Google Earth. Commissioner Siekmann disclosed that she has been by the property. Commissioner Rodman disclosed that she has been by the property. Commissioner Montgomery disclosed he has also been by the property many times. Chairperson Segall disclosed he has been by the property. Ms. Harker gave a presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. February 13, 2018 Item #9 Page 63 of 138 Planning Commission Minutes December 6, 2017 Page 4 Commissioner Anderson inquired about parking on the property behind the west side of the alley. Ms. Harker stated although it is not a city designated parking lot, public parking is available on the North County Transit District maintained parking lot. Chairperson Segall asked if the project is compliant with all the elements of the proposed Village and Barrio Master Plan. Ms. Harker replied she has not analyzed the project for compliance with the proposed Village and Barrio Master Plan because it is still in draft form though, there may be a couple development standards that may conflict. Chairperson Segall asked if the fire wall would block the window adjacent to the property. Ms. Harker confirmed that there will be a block wall immediately adjacent to the building with a separation of one to two feet. Chairperson Segall asked if the gas meters would have to be relocated on the other side of the building. Ms. Harker clarified there are planters attached to the fagade. Chairperson Segall asked if there is a certain setback required in the General Plan on Carlsbad Village Drive so that it becomes more walkable. Mr. Neu stated that there are some proposals in the draft Village and Barrio Master Plan that would address some of the prominent corners and require additional setbacks. Commissioner Anderson asked if the property is currently maintained privately. Ms. Harker replied yes. Commissioner Anderson asked if the property will still have the same height allowance of 45 feet with the proposed Village and Barrio Master Plan. Mr. Neu stated the proposal is to retain the height in the village core area. Chairperson Segall asked if the applicant wished to make a presentation. Kirk Moeller, MAA Architects, Inc., Suite 250, 2173 Salk Avenue, made a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of the applicant. Commissioner Montgomery asked Mr. Moeller what he knows about the proposed car lift and its efficacy and reliability. Mr. Moeller replied that MMA Architects Inc. have been involved with a few projects involving car lifts in Carlsbad that have not been built yet. He has studied them in great detail and it is his understanding they will work as he has researched with a number of different companies, looked at properties that contain them and they will have backup generator systems. Mr. Moeller stated that the property owner will be involved in training tenants on proper use of the car lifts. Commissioner Montgomery asked if the car lifts were not a part of project, then general access down to the lower parking level would be eliminated. Mr. Moeller replied yes, it would eliminate most of the retail space on the first floor due to the slope that would be required for the ramp to access the lower level. Chairperson Segall asked if there will be backup generators for the car lifts. Mr. Moeller replied yes, the property owner will be held accountable for the required maintenance program once a month. Commissioner Montgomery asked if there would be conflict of incompatibility with residential use and office space on the second floor sharing the same corridor. Mr. Moeller replied a tenant that occupies the apartment will want to potentially utilize the retail or office space as the goal is to create a live/work environment. Commissioner Montgomery commented that the shared corridor makes him uncomfortable and asked if there was thought of using the same level for office use. Mr. Moeller replied that it is possible, there could be controlled entrances to the units separate from office use, which would be more desirable. Commissioner Anderson asked for Mr. Moeller's take on retail without designated parking. Mr. Moeller stated that there are two extra parking spaces in the parking garage that could potentially be utilized for the retail tenants. He commented that the only solution is parking throughout the village and hopes that there will be parking structures built with in lieu fees in the future. Mr. Moeller concluded that the goal is to attract people who live in the village so they can work and shop on foot instead of utilizing a car. Commissioner Anderson asked if Mr. Moeller has any potential concerns for retail space without designated parking failing to attract customers and being viable. Mr. Moeller replied he does not think so, his impression of downtown is that it is vibrant and growing as people find places to park and utilize the amenities. Commissioner Anderson asked if Mr. Moeller had discussions with potential tenants. Mr. Moeller stated no. Commissioner Black asked if the property owner intends to occupy the unit on the fourth floor. Mr. Moeller does not think so, the property owner would like to save it for someone special. February 13, 2018 Item #9 Page 64 of 138 Planning Commission Minutes December 6, 2017 Page 6 Commissioner Siekmann asked if the roof will have possible solar access. Mr. Moeller stated yes, conduit must be provided per the green building code. Commissioner Siekmann asked if conduit will be available in the parking structure. Mr. Moeller replied yes, conduit must also be provided for electrical vehicle charging stations. DISCUSSION Commissioner Siekmann appreciates the public comments received and understands the concerns however, the Planning Commission has to be objective and not subjective. She stated that she agrees that the future is going to be a little taller in the city, wants to see the building further from the sidewalk and understands the project meets and exceeds the standards. Commissioner Siekmann can support the project. Commissioner Anderson concurs with Commissioner Siekmann and stated she likes the traditional architectural features of the building. Commissioner Anderson believes that the stress on parking will require permits, meters or some additional parking structures in the future. She would love to see a change made in the in lieu program that would require that parking be available within a certain perimeter of the property. Commissioner Anderson stated she would hope to see requirements for setbacks in the future Village and Barrio Master Plan addressing two sides of the building on a corner lot. Commissioner Goyarts commented that he cannot ignore all the meetings he has attended for the Carlsbad Village and Barrio Master Plan where members of the public spoke against four story buildings in the village. Although he likes the architecture, mixed use, and long term rentals, Commissioner Goyarts cannot support the project for the reason that it is not quaint. Commissioner Montgomery indicated he can support the project although he does not like the incompatibility, as he sees it, of the second floor with the residential and commercial use. Commissioner Montgomery stated that because they are equally accessed, he can see the compatibility going away and strongly suggests the applicant figure out a way to separate access to each use. Commissioner Rodman can support the project. Chairperson Segall commented that he likes the project as it has great qualities for smart growth adjacent to a major arterial, a train station and the beach. He likes the design, thinks the creativity of underground parking is nice, and really likes mixed use. Chairperson Segall likes that the project is a different variable in housing and can support the project. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that Planning Commission adopt Planning Commission Resolution No. 7276 recommending approval of Major Review Permit RP 16-13 and Coastal Development Permit CDP 16-35 to the City Council based on the findings and subject to the conditions contained therein as amended . 6-1 Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann Commissioner Goyarts None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 3. RECESS Chairperson Segall called for a 10-minute recess at 8:30 p.m. February 13, 2018 Item #9 Page 66 of 138 Planning Commission Minutes December 6, 2017 Page 7 MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:40 p.m. with Commissioner Rodman absent, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. PCD 2017-0002 (DEV 2017-0193) -FARM STAY LODGING IN CR-A/OS ZONE DETERMINATION -Request for a Planning Commission Determination (PCD) that farm stay lodging may be permitted as a secondary agricultural use in the Cannon Road Agricultural/Open Space (CR-A/OS) zone. The request for a determination from the Planning Commission is not subject to CEQA. Commissioner Rodman has recused herself due to donations received to her organization (the Agua Hedionda Lagoon Foundation) from the applicant. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Carl Stiehl would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Goyarts disclosed that he has been out to the site and viewed it on Google Earth. Commissioner Siekmann disclosed that she drives past the site all the time. Commissioner Montgomery disclosed that he also drives past the site every day. Chairperson Segall disclosed he has driven past the site and viewed it on Google Earth. Mr. Stiehl gave a presentation and stated he 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. Chris Calkins, Carltas Company LP, Suite 204, 7220 Avenida Encinas, made a presentation. Chairperson Segall asked if there were any questions for the applicant. Commissioner Montgomery inquired about the connection with guests lodging and staying in the farm area to augment the underwriting other than receiving money for lodging while visiting other parts of the city. Mr. Calkins replied stating that guests would like to experience being in or around a farming environment 24 hours a day having the opportunity to participate at various times. Mr. Calkins stated a walkable environment and an unusual experience is expected to be delivered to guests. Commissioner Montgomery asked if Mr. Calkins has considered an educational element in the proposal similar to the flower fields experience. Mr. Calkins replied yes, it becomes a platform by having guests come for the experience that can be extended to the public as a whole. Mr. Calkins added that the object is to try to capture as much of the value of being in or around the farm. Commissioner Anderson asked how much additional land is used for the proposal. Mr. Calkins replied four acres. Commissioner Anderson inquired about the square footage of the reconfigured commercial building from the original proposal. Mr. Calkins replied the square footage is virtually the same including the central lodge area. Commissioner Anderson asked if the crops that have been growing for the last three years are successful. Mr. Calkins replied no, the olive and coffee trees planted have been fine so far. The blueberries have been spectacular, although with the delay of this proposal, they have been marketing them at the stand until a certificate as organic will be obtained. Mr. Calkins stated that the hops are an experimental basis with 15 varieties and the 250 dwarf tangerines did not succeed. He concluded stating that the concept of the property is to consistently grow organic products. Commissioner Black inquired about the nature of the bungalows, the interaction of guests staying in a farming area and the liability. Mr. Calkins stated the concept is to have a small scale so that guests are engaged in the culinary experience, the farming area or a youth program. February 13, 2018 Item #9 Page 67 of 138 Planning Commission Minutes December 6, 2017 Page 8 Chairperson Segall asked about the size of the bungalows. Mr. Calkins replied 350 to 400 square feet with a main room, a small bedroom and a bathroom. Chairperson Segall asked if there would be enough onsite parking for 100 units. Mr. Calkins replied yes. Chairperson Segall asked if guests and members of the public will be co-mingling. Mr. Calkins replied the trails system will be open at all times and that it would be a possibility to make the necessary changes. Chairperson Segall asked if any member of the audience wished to speak on the item. The following speakers spoke in favor of supporting the denial of the proposal: Vickey Syage, South Carlsbad, 92011 Stacy King, 7043 Heron Circle Kris Wright, 4902 Via Arequipa Jan Neff Sinclair, 5592 El Camino Real William Pearse, 6960 Peachtree Road, stated that he is excited about the unique experience proposed by Mr. Calkins and does not think the bungalows are necessary as the diversified offering could commercially be viable without them. Chairperson Segall close the public testimony. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner Black, to extend the meeting until 10:15 p.m. The Commission voted 5-1-1 (Commissioner Goyarts) to extend the meeting. Commissioner Montgomery asked if the approved development plan provides for commercial use and not open space. Mr. Stiehl clarified that the accessory uses are currently allowed in the zone. The winery and brewery are related to onsite agriculture and the restaurant area is allowed under the open space use. DISCUSSION Commissioner Anderson commented that she sees bungalows as a commercial use and not open space. Commissioner Anderson stated she can only go along with the Planning Division and support the denial. Commissioner Siekmann supports staff's decision and commented that the proposal does not follow the intent and purpose of Proposition D. Commissioner Siekmann commends the applicant for the creativity however; the use is not permitted in the zone. Commissioner Black commented that he is in favor of education and people being schooled in the art of agriculture. Commissioner Black agrees with staff's decision. Commissioner Montgomery does not consider the use as a farm themed resort and stated that he supports the City Planner's decision. Chairperson Segall likes the proposed concept and stated that he is wrestling with the big issue of whether the proposal is an accessory use under Proposition D. He is not sure if he is qualified enough to make that decision and that the City Council will have to consider the decision. Chairperson Segall stated that he does not think the community was aware of the relatively new farm stay concept during Proposition D. Chairperson Segall commented that he supports the City Planner's decision. February 13, 2018 Item #9 Page 68 of 138 Planning Commission Minutes December 6, 2017 Page9 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission adopt Planning Commission Resolution No. 7278 recommending denial of PCD 2017-0002, based on the findings contained therein. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: Commissioner Rodman ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4. COMMISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS Assistant City Attorney Ron Kemp notified the Commission that the Durkin CAC Lot 24 LLC appeal has been filed to schedule a City Council hearing. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 6, 2017 was adjourned at 10:04 p.m. (l~ DON NEU City Planner Farah Nisan Minutes Clerk February 13, 2018 Item #9 Page 69 of 138 I cannot in good conscience seek to strip away the value from a property owner by asking to disallow a development. Can I make a suggestion though? Could the developer be approached and offered some compensation to not develop this site and keep it as a meeting place? Carlsbad desperately needs rentals. Could the F.A.R. allocated for this site be moved to another site and added to that site's density in order to build a rental building? It is tough to make a rental building work unless one builds at least 35 units, and it is hard to find a site in Carlsbad that can accommodate this under the current zoning. Could you consider offering the Developer another site, one which he purchases and then is allowed to build a larger rental building than might have been allowed under the current zoning? Alternatively, could the City trade him for some prope1ty the City might own, and the City can then keep this sorely needed green space open for the community? Thank you for your consideration of this matter. Sincerely ~~i\11 Steven Cox February 13, 2018 Item #9 Page 71 of 138 December 6, 2017 Planning Commission City of Carlsbad Public Hearing - RP16-13/CDP 16-35 (DEV16040)-Carlsbad Village Center Dear Planning Commission, The owners of Village Faire Shopping Center, SVF-LLC, are opposed to this project due to the grossly inadequate parking provided. The project calls for five apartments and office space designated for the 2nd floor and retail on the ground level. The 13 parking spaces, for this project, 10 of which are designated for the use of the apartments, is totally insufficient. Allowing the project to purchase 17 "in-lieu of' spaces will further strain both the downtown parking and Village Faire's parking lot as employees, patrons and guests for the proposed project park in the surround areas. Village Faire is located close to the project and has a large parking lot that is already strained with not only our customers but others who use our parking lot and patron the surrounding businesses or beach. It was noted during the Parking Management Assessment that the Village Faire parking lot was often "full". The purchase of 17 "in-lieu of' parking spaces does nothing to minimize the need for 17 actual spaces. Visitors to the project will need to park somewhere and the_re simply isn't the capacity on the surrounding streets to accommodate them. SVF-LL is not in favor of approving this project unless the amount of parking spaces is significantly increased. Thank you. Sincerely, ~~k;b- Lisa K. Snyder General Manager Village Faire SIMA Management Corporation Managers for SVF, LLC cc: Adam Geeb, Director of Asset Management HAWLEY Burwn,c, 1231-B STATE STREET, SANTA BARBAR.-\, CA 93101 ,; TEL (805) 965-1616 • FAX (805) 965-6368 February 13, 2018 Item #9 Page 73 of 138 If you approve this, your names are on it! If you approve the ugly "Scientology" building, each of you will forever be connected with a monument to mediocrity. If you approve, you own it. Sincerely, Jodi Good Carlsbad, CA, 92008 Sent from my iPhone { February 13, 2018 Item #9 Page 76 of 138 From: To: Subject: Date: Michelle Carlin Planning; Council Internet Email Proposed building on State Street and Carlsbad Village Drive Tuesday, December 05, 2017 10:22:02 AM Dear Planning Commission and City Council, Please revisit your plans to build a large building on the corner of State Street and Carlsbad Village Drive. The rendering shows a building much too large for the space and an ill-fitted design that will not blend with the current surroundings. It will take away from the character of our beloved downtown area. I am strongly opposed to seeing this go forward. Thank you for your time. Sincerely, Michelle and Nathan Carlin Olde Carlsbad February 13, 2018 Item #9 Page 95 of 138 From: To: Subject: Date: Attachments: Christine Bevilacqua Planning; Council Internet Email Proposed Building at State and CBV Dr. Monday, December 04, 2017 4:54:46 PM imaae.pna image.png image.png image.pnq imaqe.png Dear Planning Commissioners, City Council and Mayor, As an 8-year citizen of Carlsbad Village, I wish to contribute my opinion and educated assessment of the proposed building at Carlsbad Village Dr. and State St. Fist, let me be clear that I am NOT against growth or new development in the Village. But what l AM against is development that is intrusive and disruptive to the community feel and scale tve Jove in the Village. This project appears to be just that-out of scale and disruptive. Some have taken exception with me using the term "Urban Planning" when referring to the Village plans. But I use it here as I feel it technically does fit, just at a smaller scale. If you are unsure of what I am talking about, please visit the website of Project for Public Spaces and Congress for the New Urbanism. Also please read anything by William Whyte or Jane Jacobs including The Death and Life of the Great American City by Jacobs. We have no town square or public gathering space! I don't count the interior of the Victorian Village Shops-it's out of sight from the street and not set up to be accessed in that way ( could be someday though! Open the front and bring the common area out to the street!) The Village Square at the parking lot behind the fountain by the train station was a great pilot program I worked on with Urban Place. We need more of that! It was such a shame it did not live past the one week pilot. Carlsbad leadership loves to tout how sustainable we are here ... and in many respects we are! But don't forget the 3 legged stool of sustainability is People, Planet and Profit. IN THAT ORDER. Why I am AGAINST the project as proposed: 1. Sidewalks need to be widened A LOT 2. This is a prime space for a public gathering spot. A vital town center has places to gather, sit, read, meet a friend, drink a coffee, have events etc. (places that require you to purchase something to use the seats don't count!) It is a welcoming place for all. Make it active and vibrant and the homeless folks will not linger. This does not mean you have to sacrifice the income-generating square footage of this project. Push the setback fwther and recess the front first floor enough to create space. 3. Cold. unwelcoming facade. 4. In-lieu parking fees are a sucker punch in the gut to the Village. Unless you are going to earmark those funds for some additional underground parking or a parking structure and build it NOW-it is adding to the parking problems. 5. The style and height is not in keeping with the other shops on State. It is ugly, boring and too big. 6. From the UT: "Five one-bedroom apartments would share the second, third and February 13, 2018 Item #9 Page 100 of 138 From: Jim Young [mailto:jyoung@realcomm.com] Sent: Friday, December 01, 2017 9:18 AM To: Shannon Harker <Shannon.Harker@carlsbadca.gov> Subject: Downtown Development Shannon ... just saw the photo of the new building on State and Carlsbad Village. I study cities around the world and I will tell you that this building is wrong on many levels ... design, density, context, vision. You cannot let this project be built BEFORE EVERY Carlsbad resident has the opportunity to weigh in. If you sneak this one in and it is built...you have the potential of setting the trajectory for Carlsbad in the wrong direction and ruin it forever. I am in the commercial real estate industry, I support projects worldwide ... ! am not against new buildings ... ! am against this one .. .Jim February 13, 2018 Item #9 Page 111 of 138 From: sala tania Sent: Friday, December 01, 2017 8:13 AM To: Shannon Harker <Shannon.Harker@carlsbadca.gov> Subject: Proposed development State and Village Dear Shannon, As I write this and listen to soft Christmas music in the background I have a nostalgic feeling for the holidays and what it means to all. I have been a happy business owner in the village for 22 years. I have seen change, development and rapid speed. Some has been good, but a lot has left little to the love of the original idea of our beautiful community. Although I am aware of the revenue and jobs that are brought in with new development, I am also on the front lines of the talk about rapid growth and the impact it has on not only the locals, but our tourism. Only a small percentage of our tourism is done through actual hotel stays. The biggest pmt of our tourist income comes from local towns that visit our charming city. When parking and traffic becomes a burden, the local town visitors do everything they can to avoid driving into Carlsbad. They divert away to other beach communities that have maintained the ability to provide ample parking and structural integrity. The record growth of Carlsbad in recent years has brought with it much frustration and negativity voiced throughout the community. Once again I am in a business where I get to hear firsthand how the citizens are actually feeling about this change. I respectfully ask that we as a community consider how we choose to move forward with this development and the lasting affects it will bring, to locals and visitors. Maintaining a lovely well sunlight downtown with fresh air and open sky is a big part of the charm we as a community have to offer. Thank you for your consideration. I would love to see a beautiful park in this area. A place where children can laugh, pafonts can visit. A place where people gather to enjoy the beauty of what we have understood for years, The Village of Carlsbad, community of all. Sincerely, Tania Sala-Emery Sent from my iPad February 13, 2018 Item #9 Page 112 of 138 Tammy McMinn From: Hope Nelson <' Sent: Tuesday, February 13, 2018 2:48 PM To: Matthew Hall; Keith Blackburn; Mark Packard; Cori Schumacher; Michael Schumacher; Manager Internet Email; Celia Brewer; City Clerk Subject: 2995 State Street Importance: High To those concerned with keeping the "beach vibe" in Carlsbad Village: I am an 18 year resident and voter in Carlsbad. I am concerned about the amount of infill construction going on in our City. My concern stems from the idea that we are quickly changing the whole atmosphere that makes our city, particularly the older parts of town, so attractive to residents and tourists alike. I am against buildings that don't respect the community, it's history, and do nothing to solve the social issues we need to respond to. 1. If approved, a major corner in the Village of Carlsbad that currently supports a small business surrounded by grass and picnic benches, would be replaced with a 25,631 square foot, 4-story building that borders one of the busiest corners in the Village. This building, a mix of retail, commercial office and residential apartments that could be used for short-term vacation rental, does nothing to enhance the atmosphere in the village. It's mass, which extends to the sidewalk with no apparent set back until the 4th floor, surrounds the corner it sits on. It sets a new tone for the surrounding area which is not in context with the mostly 1 and 2-story buildings that currently exist. This building is simply not a fit for this corner. 2. The proposed building takes away a public gathering place that is "kid friendly". 3. The project is void of an affordable housing component, even though the lot is within an easy walk to public transportation. 4. The builder plans to take advantage of parking-in-lieu fees, thus piling in more people with cars, but limiting the amount of additional parking being allocated for this mixed-use project. This will most certainly not contribute to a parking solution. Most likely, it will add to the problem of parking downtown. It is for all the above reasons the City Council should turn this project down. I would also, as I have before, suggest a Building Moratorium until a new Master Plan for the Village/Barrio can be adopted. A Moratorium would allow the City to avoid living with the buildings that developers are rushing to get approval for 1 February 13, 2018 Item #9 Page 124 of 138 before a potentially more restrictive criteria for building in the Village is arrived at. Please do not approve this building! Sincerely, Hope Nelson Carlsbad 92008 2 February 13, 2018 Item #9 Page 125 of 138 Tammy McMinn From: Sent: Cc: Subject: -----Original Message----- Council Internet Email Wednesday, February 14, 2018 10:56 AM Shannon Harker; City Clerk FW: State Street & Carlsbad Village Drive From: Mary Montano [mailto:montanocc@gmail.com] Sent: Wednesday, February 14, 2018 10:07 AM To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Council Internet Email <CityCouncil@carlsbadca.gov>; michael.schumacher@carslbadca.gov; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov> Subject: State Street & Carlsbad Village Drive Please add my voice to those who are OPPOSED to the proposed 4-story building at the corner of State & CVD. Understanding that you are interested in adding revenues to our city coffers, please do not forget that retaining the charm and character of our unique village is INVALUABLE. It is something that, once lost, may cause fewer revenues to flow if people choose not to visit an area that is too built up and commercial. Please remember: once lost you cannot un-develop the area, i.e. we can't go back to try to get the charm and character back. This plan is bad for our community. Thank you. Mary L. Montano 1 February 13, 2018 Item #9 Page 126 of 138 Morgen Fry From: Stacy King· Sent: Tuesday, February 13, 2018 12:44 AM All Receive -Agenda Item # _5 For the Information of the: CITY COUNCIL ACM v'CA vcc / Datei.Jii@city Manager v To: Celia Brewer; Cori Schumacher; Keith Blackburn; Manager Internet Email; Mark Packard; Matthew Hall; Michael Schumacher; City Clerk Subject: Carlsbad Village Center Feedback Dear Mayor Hall, fellow council members, city manager and city attorney I hope to have my input taken seriously regarding the recommendation for approval by city staff of the Carlsbad Village Center. I have no doubt they city staff has done their job and performed the due diligence necessary regarding the Carlsbad Village Center. However, without the new Village Master Plan in effect, I'd like to request the council pull this item from the consent calendar until the final Master Plan is r~leased and all relevant feedback is taken into account by members of the public and the city council. The building approved by the Planning Commission was done so without full knowledge of the new mandate handed down to cities by the state. Watching the board member's discussion, it was clear the directive was not fully understood and the members felt backed into a comer if the project was not approved despite the overwhelming majority of speakers at the meeting who expressed skepticism, concern and disapproval of the project as currently proposed. I don't understand the apparent fast-track for a project with such lasting effects on the Village. Please take into account not just speakers the night of the council meeting, but also the feedback from constituents via email and phone calls. Once a building like this one is approved, there is no holding back future development that follows their lead. Thanks for your time and reconsideration. Kindly, Stacy 1 February 13, 2018 Item #9 Page 127 of 138 Morgen Fry From: Sent: To: Cc: Subject: Council Internet Email Tuesday, February 13, 2018 8:21 AM Morgen Fry City Clerk FW: Cai.lsbad Village Center Please distribute this email regarding an agenda item to council. From: penny L" ........... -· ........... -........ ·-· ........ -. · .... .. Sent: Monday, February 12, 2018 5:00 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Carlsbad Village Center All Receive -Agenda Item # CJ For the Information of the:- CITY COUNCIL ACM v CA ...... ----cc v' Date:z..h:2jis City Manager v"' Mr Mayor and City Council members, Allowing the construction of a 4 story building at the NW corner of CVD and State St. will be setting the precedent of turning State St. into a canyon of 4 story buildings and ruing the village environment . I thought that new construction in the village is to fit in with the village environment. You are have succumbed to the big bucks of the developers and turned your backs on your citizens. I am sure you get more input that is against your questionable plans than in favor. Shame on you! Penny Johnson ,-----·--- 1 February 13, 2018 Item #9 Page 128 of 138 Morgen Fry From: Sent: To: Cc: Council Internet Email Monday, February 12, 2018 8:15 AM Morgen Fry Shannon Harker; City Clerk Subject: FW: 4-story mixed use development -corner of CVD / State Hi Morgen, Please distribute this email regarding an agenda item to Council. Andi From: Clan Muldoon Sent: Sunday, February 11, 2018 7:46 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4-story mixed use development -corner of CVD / State Dear Carlsbad City Council, All Receive -Agenda Item # 9 For the Information of the: CITY COUNCIL AC~,..J{_CA_LCC_L Date~ City Manager v' As long time Carlsbad residents, please DO NOT allow permits for a 4-story mixed development on the comer of State Street and Carlsbad Village Drive. It is not the right fit for our coastal beach town. It is such a prominent comer and to throw such a large building with underground parking would be disastrous, let alone the additional traffic it would cause. The allowed three-story building currently across the street from Pizza Port was bad enough. It does not add character to the town and appears to be stuffed in between the existing buildings. I understand Carlsbad needs to progress and thrive but a 4-story building is not the proper fit for this location. It will be very disappointing if this development is allowed by Carlsbad. It is not the direction residents want to see our town go. PLEASE DO NOT ALLOW THIS TO HAPPEN. Thank you for your time and consideration, Muldoon Family 1 February 13, 2018 Item #9 Page 129 of 138 Tammy McMinn From: Sent: Cc: Subject: From: Erin2Busy [· Council Internet Email Thursday, February 15, 2018 2:31 PM Shannon Harker; City Clerk FW: Input Regarding Proposed Project in the Village Sent: Thursday, February 15, 2018 2:19 PM Subject: Input Regarding Proposed Project in the Village Dear Mayor and Council Members, I am writing to you today to ask that you reconsider the approval of the proposed project on the corner of State Street and Carlsbad Village Way. Having spent 8 years as the wife of a Planning Commissioner and then another 8 years with him as a Council Member and ultimately the Mayor of Tustin (a city in Orange County), I thoroughly understand the approval process and the reasons that you may feel that you must approve the project as is. However, we all know that you have the power to make changes to the project as currently presented even though it is zoned correctly and allowable. I am not a fan of AB32 and the rigid ways in which the state is forcing high. density projects near transportation centers. Unfortunately for Carlsbad, our transportation center is in the middle of the Village. This is technically a small project of under 20 units, but I think that we can all agree that it is a large project for the location, and that it will impact the area. I ask that you conduct a Circulation Study and a Traffic Study to see how the project will add or subtract to the current and future traffic flow of the area. We can all agree that it's difficult to park in the Village now and we can all agree that we want to increase visitors to the Village that will shop in our stores and eat in our restaurants. This is where AB32 is wrong -We want more people than just those who live nearby to frequent our local businesses. In addition, we all know that the builder won't leave if adjustments are made to the development because it's a great location. Please reconsider the scope of this project based on the impact it will have on the surrounding businesses and traffic flow. I would also like to suggest that it might be wise to listen to the cries of your community. I think that it would be best for Carlsbad if the City Council and Mayor, as a whole, began to listen to the concerns of the constituency. As a resident, I find the disconnect between residents and the council majority to be very disheartening, especially since it is unnecessary. Growth is inevitable. Smart growth should be the goal, not just "building it because we can" and upsetting those who you serve and represent. Most sincerely, Erin Nielsen 1 Faviola Medina From: Sent: To: Subject: Tammy McMinn Thursday, February 15, 2018 11:28 AM Faviola Medina FW: I STRONGLY oppose the Carlsbad Village Center project as discussed at the 13 Feb. Council Meeting Thank you, Tammy"' -----Original Message----­ From: Council Internet Email Sent: Thursday, February 15, 2018 8:19 AM Cc: City Clerk <Clerk@carlsbadca.gov>; Shannon Harker <Shannon.Harker@carlsbadca.gov> Subject: FW: I STRONGLY oppose the Carlsbad Village Center project as discussed at the 13 Feb. Council Meeting -----Original Message----- From: Joseph M Sardina Sent: Wednesday, February 14, 2018 6:01 PM To: Planning <Planning@CarlsbadCA.gov>; Council Internet Email <CityCouncil@carlsbadca.gov>; Attorney <attorney@CarlsbadCA.gov>; Shannon Harker <Shannon.Harker@carlsbadca.gov> Subject: I STRONGLY oppose the Carlsbad Village Center project as discussed at the 13 Feb. Council Meeting Words cannot express how strongly I oppose the project proposed for the corner of State and Carlsbad Village Drive. It is totally out of character with the village, the surrounding businesses and with all those things that make the village attractive to residents and to visitors! Just because it is within master plan guidelines doesn't mean Carlsbad should build the biggest monstrosity allowed in the smallest possible space allowed. I cannot fathom how the Planning Commission or the Council are even considering it. I can only conclude that we need a different commission and council, ones that are more in touch with the community they are supposed to represent. Sincerely, Joseph Sardina 92008 1 TO: DATE OF PUBLIC HEARING: AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING CITY CLERK J) 1?)1i? - . I 'l suBJECT: C_cy\ ~ L!1 Ir~ __ G,C)±-~ LOCATION: Lli::o CG, ½-OW!), 1/ciQ 11..J Cou.JJJ:y.J) DATE NOTICES MAILED To PROPERTY owNER~: ala u2: NUMBER MAILED: -~/'------'--'S~2fJ~', __ I 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 \~.1a'lli~ (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune ~ast News PUBLICATION DATE: Union Tribune -------------- CoastNews ___ a,,4--'-/_c~_,_,V, ........ ,-?""--------- 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 CityuClerk's Office and the foregoing is true and correct. ;1 · Date: / ) 3::, /2~ {f/(Y~t 112-rzf ~ (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments February 13, 2018 Item #9 Page 130 of 138 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, February 13, 2018, to consider approving a Major Review Permit and Coastal Development Permit to allow for 1) the removal of existing storage containers; 2) the construction of a 25,631 square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five (5) residential apartments; and 3) the purchase of 17 parking in-lieu fees. The 0.17-acre property is addressed as 2995 State Street and is located on the northwest corner of State Street and Carlsbad Village Drive, in Land Use District 1 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 1, 2, and 3 in Block "I" in the City Qf 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 December 6, 2017, the City of Carlsbad Planning Commission voted 6-1 (Goyarts) to recommend approval of a Major Review Permit and Coastal Development Permit to allow for 1) the removal of existing storage containers; 2) the construction of a 25,631 square foot, four- story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five (5) residential apartments; and 3) the purchase of 17 parking in- lieu fees. The 0.17-acre property is addressed as 2995 State Street and is located on the northwest corner of State Street and Carlsbad Village Drive, in Land Use District 1 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, February 8, 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 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 16-13/CDP 16-35 (DEV16040) CASE NAME: CARLSBAD VILLAGE CENTER PUBLISH: FRIDAY, FEBRUARY 2, 2018 CITY OF CARLSBAD CITY COUNCIL February 13, 2018 Item #9 Page 131 of 138 NOT TO SCALE SITE MAP Carlsbad Village Center RP 16-13 / CDP 16-35 February 13, 2018 Item #9 Page 132 of 138 '1170 BURNETTE,RALPH F TRUST 390 GRAND AVE CARLSBAD CA 92008 OREXCIV LLC LF BURNETTE RALPH F , 1231 STATE ST STE B SANTA BARBARA CA 93101 GOLDSTEIN,BERNARD AND MARINA FAMILY · 160 TAMARACK AVE I CARLSBAD CA 92008 i BENCHMARK PACIFIC LTD II : 550 LAGUNA DR 'STE B CARLSBAD CA 92008 1 WIEHLE,DANIEL C AND . ANTOINETTE V T PO BOX 1228 PINE AZ 85544 : GUTHRIE, DALE W AND JO E j FAMILY TRUST ! 2121 E PARK AVE j GILBERT AZ 85234 NELSON,BEATRICE H REVOCABLE TRUS 3955 SKYLINE RD CARLSBAD CA 92008 CNS W 11 LLC , 21421 SEAFORTH LN HUNTINGTON BEACH CA 92646 TABER,TIMOTHY J 3175 MULBERRY DR SALEM OR 97302 COBB,HUGH R TRUST 3180 CAMINO ARROYO CARLSBAD CA 92009 09 L8/09 L9® /JaA"if :ia/\e a1q1iectwo:i ww L9 x ww g;:: iewmi op auanb!l~ 09 L8/09 L9® /Ja11v LJl!M a1q1iedwo:i .. 8/9;:: x "L az1s 1aqe1 SVF LLC 1231 STATE ST STE B SANTA BARBARA CA 93101 PACIFIC COAST INVESTMENTS GP • PO BOX 7099 NEWPORT BEACH CA 92658 ! 377 CARLSBAD VILLAGE 'DRIVE LLC PO BOX 1562 • CARLSBAD CA 92018 ; WARD FAMILY TRUST 945 S ORANGE GROVE BLVD APT D PASADENA CA 91105 i I : SPADARO TRUST 212 DONNICK AVE THOUSAND OAKS CA 91360 ; TRENT FAMILY TRUST 2429 WINDWARD CIR WESTLAKE VILLAGE CA 91361 : HODGES,THOMAS F 1 ' 199 8 8 LAKE DR i ESCONDIDQ CA 92029 ' FOSTER FAMILY TRUST 1888 HIGH RIDGE AVE CARLSBAD CA 92008 I CRINGAN, GARY A 30195 VIA DE LA MESA TEMECULA CA 92591 STANDAGE,DAVID KAND JAMIE A , 20150 E SONOQUI BLVD QUEEN CREEK AZ 85142 BURNETTE,RALPH F JR TRUST 390 GRAND AVE CARLSBAD CA 92008 NIELSEN,ROBERT LAND ELAINE M PO BOX 2445 ,CARLSBAD CA 92018 ' : GOLDSTEIN FAMILY TRUST : 160 TAMARACK AVE 1 I CARLSBAD CA 92008 !BITONI,MARIE A I 536 N MISSION DR I SAN GABRIEL CA 91775 IC N S W 4 LLC I I 21421 SEAFORTH LN HUNTINGTON BEACH CA 92646 : KERCKHOFF, PAMELA J 5249 SHELLEY PL CARLSBAD CA 92008 GIPNER FAMILY TRUST 32411 WOM.SI RD PAUMA VALLEY CA 92061 j MACPHERSON, STEVEN AND I MARGARET TRUST I 1277 FOREST AVE 'CARLSBAD CA 92008 i JOHNS FAMILY TRUST '. 6565 BIRCH DR SANTA ROSA CA 95404 i I CARPENTER,LEWIS SAND GEORGIA i i 697 N SKY MOUNTAIN BLVD I HURRICANE UT 84737 STAPl'_ES® label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette do format 25 mm x 67 mm comoatible avec Averv ®5160/8160 0.4.4. February 13, 2018 Item #9 Page 133 of 138 '1170 WYATT FAMILY TRUST 1342 SUN VALLEY RD SOLANA BEACH CA 92075 ,WOODWARD,DAVID KAND • BEVERLY M 3413 CORVALLIS ST ; CARLSBAD CA 92010 . OGILVIE FAMILY TRUST I 73-4519 KOHANAIKI RD I UNIT 13 · KAILUA KONA HI 96740 TELFER,JAMES L , 3338 CENTRAL ST ; DEXTER MI 48130 I AHRONEE,ESTER REVOC TRUST 4139 ILLINOIS ST SAN DIEGO CA 92104 GARCIA,ABEL C LIVING TRUST '1502 ROLLING HILLS DR OCEANSIDE CA 92056 STATE STREET CBAD LLC , 4 64 9 GRANGER ST SAN DIEGO CA 92107 2921 ROOSEVELT LTD CALIFORNIA BU 7040 AVENIDA ENCINAS STE 104-1 CARLSBAD CA 92011 P VS TO S CARLSBAD LLC 669 2ND ST ENCINITAS CA 92024 09 L8/09 LS@ fu8AV :)8AB 81Q!lBdwo::i WW L9 X WW sz lBWJOf op 8].lanb!l~ 09 L8/09 LS@ fu8AV 4l!M a1qnBdwo::i .. 8/S Z X "L az1s 18QBI MORIN,VERA G 10952 MORNING STAR DR LA MESA CA 91941 HOCKETT,SUE 01-28-05 TRUST 3080 LINCOLN ST APT 24 CARLSBAD CA 92008 'CRUSE,GARY C AND DEBRA J PO BOX 1098 CARLSBAD CA 92018 BITONTI,THOMAS FAMILY TRUST 536 N MISSION DR SAN GABRIEL CA 91775 MACDONALD PROPERTIES 99% 208 FOREST SERVICE ROAD 315 CAREYWOOD ID 83809 PACHECO,LEO AND DIANNA J 2100 CHESTNUT AVE CARLSBAD CA 92008 CLARKE FAMILY DECEDENTS TRUST , 2665 JEFFERSON ST CARLSBAD CA 92008 , KNAPP, CLARK R ! 2889 OCEAN FRONT WALK : APT C SAN DIEGO CA 92109 • GARCIA, PAUL J . 300 CARLSBAD VILLAGE DR ' STE 108 CARLSBAD CA 92008 . BUTCHKO FAMILY TRUST 1 2763 VICTORIA AVE CARLSBAD CA 92010 LASKI,ROSE TRUST PO BOX 2686 • CARLSBAD CA 92018 , COLMAR,LESLIE ! 3080 LINCOLN ST APT 28 CARLSBAD CA 92008 'CALIFORNIA PROPERTY i BROKERS LTD 14602 WINTER CREEK LN VALLEY CENTER CA 92082 I VILLAGE CORNER LLC '2998 STATE ST CARLSBAD CA 92008 I I I IAVIS,DOUGLAS MAND LORI TRUST I 550 LAGUNA DR STE B CARLSBAD CA 92008 , 1 GUNTER FAMILY TRUST PO BOX 749 1 SAN PEDRO CA 90733 , HYLEN-CARLSBAD LLC ! 5146 CHELTERHAM TER i SAN DIEGO CA 92130 GONZALES,BELYNN R TRUST ETAL 2728 CHESTNUT AVE CARLSBAD CA 92010 ALL AMERICAN ENGINEERING AND TRADI LAKRITZ FAMILY PARTNERSHIP 75% 8502 E CHAPMAN AVE PMB 614 I SATTERLY,RUSSELL LAND · SUSAN L 721 MCGAVRAN DR VISTA CA 92081 909 ROSEMARY AVE I CARLSBAD CA 92011 . ORANGE CA 928 69 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiauette do format 25 mm x 67 mm r.nmn::itihlP. ::ivP.r. AvP.rv (R)fi1 Rn/81 RO n.11 A February 13, 2018 Item #9 Page 134 of 138 '1''170 CITY OF CARLSBAD 2829 STATE ST CARLSBAD CA 92008 SIEGEL FAMILY TRUST 1980 150 ROCKLEDGE TER LAGUNA BEACH CA 92651 VIGNE,THOMAS D AND LUCINDA S 3880 HIBISCUS CIR CARLSBAD CA 92008 BAL IAN, ANAH ID H i PO BOX 206 SOLANA BEACH CA 92075 : CLARK,KATHLEEN M 3060 STATE ST CARLSBAD CA 92008 CITY OF CARLSBAD 2922 ROOSEVELT ST • CARLSBAD CA 92008 , CITY OF CARLSBAD PUBLIC ,"rGENCY i CARLSBAD CA 92008 i MONTALBANO,MARGUERITE TRUST I 1151 WILD CANARY LN ; ENCINITAS CA 92024 JCR RESOURCES LLC 162 S RANCHO SANTA FE RD STE B85 ENCINITAS CA 92024 BENNETT,RUSSELL L PO BOX 356 SOLANA BEACH CA 92075 09 ~8/09 ~9@ Fua11v ::ia11e a1q1iedwo::i ww L9 x ww 91: iewmJ op auanbfl~ 09 L8/09 L9® fua11v lll!M a1qnedwo::i .. 8/9 c x "L az1s 1aqe1 CITY OF CARLSBAD 2833 STATE ST CARLSBAD CA 92008 ,BUTLER PROPERTIES LLC PO BOX 4050 ' iNEWPORT BEACH CA 92661 'NORTH SAN DIEGO COUNTY .TRANSIT D 399 CARLSBAD VILLAGE DR ,CARLSBAD CA 92008 I ! 'PETERS,JERRY 2004 TRUST 270 LISZT AVE CARDIFF BY THE SEA CA 92007 STATE AND OAK CARLSBAD L 10946 MADRONA DR SIDNEY BC CANADA V8L592 I CITY OF CARLSBAD : 2936 ROOSEVELT ST . CARLSBAD C~ 92008 , STERLING DEVELOPMENT CORP 25% ! 162 S RANCHO SANTA FE RD 1 STE B85 ENCINITAS CA 92024 SIMS,LAURIE A PO BOX 1696 HILO HI 96721 ACUNA FAMILY LIVING TRUST ' 91 MAYNARD AVE • NEWBURY PARK CA 91320 I ' I NORTH SAN DIEGO COUNTY : TR.Z'rNSIT D . PUBLIC ,7\CENCY · CARLSBAD CA 92008 CITY OF CARLSBAD 2897 STATE ST CARLSBAD CA 92008 RYBURN BUILDING LLC 2019 ESTERO ST !OCEANSIDE CA 92054 iWILLIS,GEORGE RAND iJACKYE E TR i 2050 LAURIE CIR CARLSBAD CA 92008 iVILLAGIO CARLSBAD COTTAGES LLC 1 3085B ROOSEVELT ST !CARLSBAD CA 92008 I ,GSD,VERMILYEA ; 11620 KISMET RD I SAN DIEGO CA 92128 ICITY OF CARLSBAD I 2992 ROOSEVELT ST CARLSBAD CA 92008 BANK OF AMERICA NT AND SA 101 N TRYON ST STE NCl-0 ~ CHARLOTTE NC 28246 I I 1 CARLSBAD VILLAGE PARTNERS LLC 3303 LILAC SMT ENCINITAS CA 92024 MANNO,ILARIO AND MARIE i 1309 VISTA COLINA DR ~ SAN MARCOS CA 92078 ; VINE CHURCH , 7040 AVENIDA ENCINAS STE 104-3 CARLSBAD CA 92011 STA~ES~JTED -label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette do format 25 mm x 67 mm compatible avec Avery ®5160/8160 04A February 13, 2018 Item #9 Page 135 of 138 'v'170 OCCUPANT 2998 STATE ST I CARLSBAD CA 92008 • OCCUPANT 2988 STATE ST CARLSBAD CA 92008 OCCUPANT ; 550 CARLSBAD VILLAGE DR 'CARLSBAD CA 92008 'OCCUPANT , 2972 STATE ST CARLSBAD CA 92008 I OCCUPANT I 2959 STATE ST CARLSBAD CA 92008 • OCCUPANT . 2 965 STATE ST . CARLSBAD CA 92008 !, OCCUPANT ! 2975 STATE ST i CARLSBAD CA 92008 ! . OCCUPANT 2979 STATE ST STE D CARLSBAD CA 92008 OCCUPANT 417 CARLSBAD VILLAGE DR CARLSBAD CA 92008 OCCUPANT 457 CARLSBAD VILLAGE DR CARLSBAD CA 92008 09 L8/09 LS® f..Ja11v 88/\ll 81Q!llldWO8 WW L9 X WW sz lllWJOJ op aiianb!B 09 L8/09 LS® f..Ja11v lJl!M 81Q!llldWO8 .. 8/S Z X "L azis 1aqe1 . OCCUPANT 2992 STATE ST CARLSBAD CA 92008 OCCUPANT 530 CARLSBAD VILLAGE DR CARLSBAD CA 92008 OCCUPANT 2984 STATE ST CARLSBAD CA 92008 · OCCUPANT ! 2968 STATE ST i CARLSBAD CA 92008 OCCUPANT 2961 STATE ST CARLSBAD CA 92008 ! OCCUPANT 2969 STATE ST CARLSBAD CA 92008 I OCCUPANT . 2977 STATE ST I CARLSBAD CA 92008 OCCUPANT 2995 STATE ST . CARLSBAD CA 92008 OCCUPANT 425 CARLSBAD VILLAGE DR CARLSBAD CA 92008 • OCCUPANT 399 CARLSBAD VILLAGE DR CARLSBAD CA 92008 label size 1" x 2 5/8" compatible with Avery ®5160/8160 OCCUPANT . 2990 STATE ST . CARLSBAD CA 92008 OCCUPANT 540 CARLSBAD VILLAGE DR 1 CARLSBAD CA 92008 I i ! · OCCUPANT j 2978 STATE ST I 'CARLSBAD CA 92008 I OCCUPANT 2957 STATE ST CARLSBAD CA 92008 1 OCCUPANT 1 2963 STATE ST i : CARLSBAD CA 92008 1 OCCUPANT I i 2971 STATE ST . : CARLSBAD CA 92008 I OCCUPANT 2979 STATE ST STEC CARLSBAD CA 92008 OCCUPANT 430 CARLSBAD VILLAGE DR CARLSBAD CA 92008 OCCUPANT 435 CARLSBAD VILLAGE DR CARLSBAD CA 92008 I OCCUPZ',NT . VACZ',NT / PZ\RK CARLSBAD CA 92008 STAPlES®30 PRI NT!aiijuette do format 25 mm x 67 mm compatible avec Averv ®5160/8160 (ld4 February 13, 2018 Item #9 Page 136 of 138 'f I I AH:!AV-O9-008-1. wo:>·AlaAe"MMM INGRID WEI BUST :3588 GORGE PLACE CARLSBAD CA 92010 ,DON BURTON 7450 ESFERA STREET CARLSBAD CA 92009 .MARSHA DUFOUR 176 CHINQUAPIN CARLSBAD CA 92008 (I/-JI ! rt ~ r JV.dn-dOd pJOqaJ a1 J81ij!AijlJ I ap uiie eumpe4 e1 t za11da1:1 MARYANNE VINEY 2796 JAMES DRIVE CARLSBAD CA 92008 JO ELLEN AND C PHILIP DEPKA 1852 PALISADES DRIVE CARLSBAD CA 92008 ROBERT AND ELAINE NIELSON 355 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92018 :iuawa6Jelp ap suas y f w1.a6p3 dn-doJ asodxa _ Jaded paa:1 I o:i aun 6uo1e puag r Jv.09L81@091.5 @AH3AV :i.peqe6 a1 zasm:m I .1a1ad 111 sa1pe,i sa»anb1:i.J DORIS SCHILLER 6753 OLDEANDER WAY CARLSBAD CA 92011 JOSEPH SARDINA 4009 CANARIO STREET CARLSBAD CA 92008 SKIP ALLEN 2575 STATE STREET CARLSBAD CA 92008 f l.'IU.091-8/@09LS a:i.e1dwa1@AlaAv asn ca February 13, 2018 Item #9 Page 137 of 138 1 , I I I A~3J\ V-09·008· t wo;,-A,1,Hu1·M1'\J\M CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 f ,wdn-do,:1 1:uoqaJ a1 Ja1,A,J iuawa6Je4:> , apsuas 1 l ap U!}E! aJn4::ie4 e1 ~ zanda~ SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 T LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 f w.1a6p3 dn-tlod asodxa -Jaded paa,1; ! oi aou l:luo1e puaa _ y r I I I @09tS @AH3J\'1 nn~qe6 a1 zasm:m JaJad ~ sa1peJ. sa~anbri.~ ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 1.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 ' I ! @09~S aie1dwa1 @'uaA'fl asn s1aQe, .... 1aad Ase::a February 13, 2018 Item #9 Page 138 of 138 City Council February 13, 2018 Item No. 9, Carlsbad Village Center Staff: Shannon Harker, CED Location Map Carlsbad Village Center RP 16-13 / CDP 16-35 0 0 50 Project Site Project Site Public Right-of-Way State Street Carlsbad Village Drive 9’-11” 12’ State Street Alley Uses on East Side of State St. Building height: 19-20’ e,~ILSl•o CJuicolnle <Bn.,. Site Plan (2) Car Lifts Building Footprint Parking Garage CAR LIFTS •12 spaces in parking garage -10 residential -2 commercial •1 accessible space at-grade •Request to purchase 17 parking in-lieu fees ,------------- l,IECHMI CALI B.1:VATOR E:wPU9ff .,.,._, ----, I I I I • fl~ R15Ell 12 C2J~"°,Af llr.A1". I: I ! I I I , 111 0 ; ~ .. I!. ,. T\P.1 6 5 i ~ ~ ~ I I ~, ' ' ' ' 0 ELEVATOR ' ) 9 8 7 I 12 Parking Spaces 6 . .COO Gl!OSS FLOORS.l'. TYPEIIJ.e S.-20CC. 'i1Q ~ILW 1Et'JH1 ni:tt A..~, .. Ut,laU:Jr.i:k INI 111 l't'P,.1 =-:Aou:1:; w.; ;o.~,.iL 11n .trM 3:h..~A.:Clll'mcww;.l:W'll l ~,S'\00 m,m:rJ J.:WcfflCO 4 3 1 ~ ~ 1st Floor CAR LIFTS Retail Lobby for office/ residential units Car lifts Trash enclosure Accessible parkingI I L _________ J -,---- LOBBY BOOC. 0 ElfV.ATOR I I I I -----~----------------------------~ I ____ .J Retail 3,954 sf. Gross 3,163 sf. Net 6412 ":llOSSfLOOR ~.F M'Clll-8 I.I, S 5-lOCC. 11'-'.J' C[I.IWG lt:IGIH I 1 L---------I ____ .J I I [. _________ J --, I I I I I ..... --, I I I I !u.o,.., I I I __ _J --, I I I I I I I I I --.J 2nd Floor 1 UNIT Professional offices One residential apartment Storage f'ATIC 13 S,F, ""-"" STOR. 2C HALL Office 2,339 sf. Gross 1,871 sf.. Net S ~ GROSS FLOM SJ. TYPE Cl-I! 8, R-'200:. 1H' CEil.NG HEIGtfT 3rd and 4th Floors 1 UNIT3 UNITS.. ' PA7""0 13Sf, ... ,,:~;,g 1,357 sf s 1-Bedroom '==:::'.=-=:r:~_-=::--:-_-_-_-_-_-_-_-_-...,..---_-_-_--~~-~~~--=~-=-~~=---_--_-=-i_--_-_~~=---=-~--=~~-~~-NOA-=ROCf-~n1't~.-~--=~-=-~~=---_-_-_-_-~-1------_J I __[ PAl109MI\' ·-~ .t,QS,f, '11:ST "''" ~ ~ 9:2&F, SOUTMRoor -stR'W'.;E: m S.F. PAl0ECLON l!ClOH PATIOO!l.O.\' _J Early Public Notice State Street and Carlsbad Village Drive Revised Design State Street and Carlsbad Village Drive Carlsbad Village Drive and Alley East Elevation (State Street) 45’ max. height 12’ 10’ 17’5’13’27’ Existing storefront 29’ South Elevation (Carlsbad Village Drive) 10’24’16’ 9’ North Elevation Existing Building Alley 29’• I I I I I I + 1rr I ______ ...., Cross Section T.O.P. T.O.P. LI NE OF SIGHT ~ ---~ _>--~ ".t --- SECTION A RESIDENCE LOBBY OFFICE I LOBS¥ BAS!cM_ENT LEVEL PARl<llNG ~ ME®.NICAl / EQUIFM E STAIRS MECH. I I AllEY West Elevation (Alley) 8’ 8’ 16’5’13’40’ Parking In-Lieu Fees 30 spaces required 10 residential spaces 20 commercial spaces 13 proposed on-site 17 parking in-lieu fees requested Applicant can request to pay 100% of office/retail parking (up to 20 stalls) w/in-lieu fees ---..... -~------------- MECIW>IC>U i ' 9..EVATOR ECIJP\IE!ff ' ... , I 12 11 9 8 7 :1 I :1 I I I I I I I I l1 i I 1 ~ 12 Parking Spaces I • ~ l~GROSSFLOOA.S.F, 'lYPE IMI S.HIO:. 9'.Q'Cfl~IEIGKT r1"TW-1 i'O t IL.,.._ffll,\a,lfit. llNll:i.l' """"" -1' ~~:i-~ ~i;"r,. I CDoX1-10.::aaTO-CIIMCll..ot1.1 ii :1 dl'«Xl J.:JidtCJ l:J'idN:1:) l:l'idllOO I I I 6 5 4 3 1 I I I .: f I ~ I g g I :1 I 'I ----, I I I I Findings for Parking In-Lieu Fees Project is consistent with the Village Master Plan Project is consistent with Land Use District 1 Adequate parking is available in the Village In-lieu fee program has not been suspended by City Council Village Parking Study May 2016 July 2016 Average = 51% Peak = 70% 64% 61% 54% 74% 19% Weekday 44% 46% 42% Weekend 21% 39% 36% Weekend 44% 50% 46% 16% Weekday 31% 34% 12% Weekday 31% 34% 34% N/A Weekend 27% 29% 28% Weekend 30% 67% 60% NA Weekday 23% 62% 61% N/A Weekend 22% 35% 45% N/A Weekday 34% 39% 30% N/A Weekend 30% 35% 31% N/A Public Parking Lot on South Side of Carlsbad Village Drive MAY 2016 Weekday peak: 47% Weekend peak: 30% JULY 2016 Weekday peak: 32% Weekend peak: 60% Planning Commission Recommended approval 6-1 (Goyarts No) on December 6, 2017 Discussed changes in project design, parking, potential incompatibility of office and residential uses on the same floor Concerns expressed by community primarily focused on parking, the height and scale of the project and the impact it would have on the character of the Village Planning Commission Resolution No. 7276 Included condition prohibiting vacation rentals for the residential units Vacation rentals are permitted in coastal zone Staff recommends deletion of the condition Recommendation reflected in City Council Resolution Compliance with Village Master Plan Consistent with the development standards of Land Use District 1 Contributes toward revitalization of the Village Establishes the Village as a quality shopping, working and living environment Provides new residential and commercial development near mass transit Adds new commercial office and retail space; new employment opportunities Compliance with General Plan Land Use & Community Design Element Village Land Use Policy 2-P.70 “Seek an increased presence of both residents and activity in the Village with new development, particularly residential, including residential as part of a mixed-use development…” Compliance with CEQA & CAP Categorically exempt from CEQA, Section 15332, In-Fill Development Project is consistent with Village Master Plan and General Plan Site is less than 5 acres and surrounded by urban land uses Site has no value as habitat for sensitive species Approval would not result in significant impacts to traffic, noise, air or water quality Site can be adequately served by utilities and public services Project not subject to Climate Action Plan; below screening threshold Recommendation That the City Council ADOPT a Resolution approving Major Review Permit No.RP 16-13 and Coastal Development Permit No.CDP 16- 35 and ADOPT a Resolution approving a request to participate in the Parking In-Lieu Fee Program for 17 commercial parking spaces. Carlsbad Village Dr. Setback Exhibit SECOND FLOOR SITBACK NOOH ""1""'1-._...,._""'1 iP a f' I' 11· • NOOH (I •• ,. 1 iP ,, .. IO'!H •. 8' ,'. ii 4th FLOOR CALCULATION 10' ~IRED SETl!A(l( AAfA: 72hf. SETl!A(l(AAEAOIS~; 1'0•1. SETIIAO( AREA E~: 0..1, (OBSEIMD AREAGREA'IER THAN EHCAO,!CHt,19ffJ TOT,._ 111' SETBl,()(IJIEAPAO',IOEr> 1,IMo/. 3rd F1.00R CALCULATION 10' REIJJIRED SETll,\CI( AAE,1; 11&4 •f, SE1111,()(Aff6'06SERVED. &hi, SETBM:K AREA E~ TO.I, toBSEIMD AAEA GREATER THAN EHCRO.ICltlEM) TOT,._ Ill' SETBACUREA l'R0"10ED. 613'/. 2ns FLOOR CALCULATION 10' REOUIRED Sflll,\CI( AAEA: 1151Lf, SETBM:KAREA06SERVED. 2ZhJ, SETBM:K AREA EHCRWllNENT· 11571.f. IOBSERYED AAEAOREATER THAN EHCROOCIUM) TOT,._ 111' SETBACK AREA PRO',!OEr> !PIO 1/. KEY 10' REIJJIRED SETl!A(l( AAEA: D D D State St. Setback ExhibitLill_ ~i I I I FOURTH FLOOR SETBACK 41h FLOOR CALCULATIOH • II' l,EOU llfD SET !J.cl< AR£A. 52B ol. SEJB>.CKN<EAOBSER\IID: !52s/, 5E"l!.'.CK illfA EUCIU)l,CHI.E'IT O sJ lOBSER'® AREA Gl<E,,.T91 TIWI Etlell()O();UE'IT) TO!'l. IC7SETBl,O(~RE~PR.O,,,OED' 1,1ao1.t ~ .. -.~...J •. -..... ,~. ~ THIRD FLOOR SETBACK .. r-, .... _...J-..... , 1~ Q 4' e' II' ';,/ . '~ -· SECOND FLOOR SETBACK ~- 3rd FLOOR CALCULA OON 10 REOUl'8> 5ETI!,IO( AREA 11!7 sJ. SElB-.c:K AREA Ol!SERVED: 1625 l. SElB-.c:K AREA EN~•ENT 3h/. IOBSEll'®Nl.f>.GRf~l'E~ THI\N ENO'iO,O,OiMENTI l'O"N.IC7SETBl,Q(/IRE,\f'ROl/llED 19o1t-1. 2nd FLOOR CALCULATION 10 REOUl'®snBN:)(AAfA 731sJ. SETBACK AREA OBSER'IID 31781. SETBACK /MA EN~MENT 16'isJ. l(lBS[R',g) .IAEA GR£AT£R THAN ENCJlOAOiMENT) TOTAL IO'S£ralOI AREA IW/lllED 81111 1,I. KEY ~ RfOIJIRB)sera.ta(ARfA. SETBACK AREA Ol!SEJMD: D SETBACK Nt£A ENCROIOl>l:NT, ~ Roosevelt Center Use to the East 39’ tall