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
)
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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
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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
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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
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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
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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
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9.
10.
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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
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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.
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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.
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RP 16-13/CDP 16-35 (DEV16040} -CARLSBAD VILLAGE CENTER
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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
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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
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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'
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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
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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
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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
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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
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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
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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
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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
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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
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' 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
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10946 MADRONA DR
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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
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ACUNA FAMILY LIVING TRUST
' 91 MAYNARD AVE
• NEWBURY PARK CA 91320
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' 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
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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
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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
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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
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February 13, 2018 Item #9 Page 136 of 138
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INGRID WEI BUST
:3588 GORGE PLACE
CARLSBAD CA 92010
,DON BURTON
7450 ESFERA STREET
CARLSBAD CA 92009
.MARSHA DUFOUR
176 CHINQUAPIN
CARLSBAD CA 92008
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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
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DORIS SCHILLER
6753 OLDEANDER WAY
CARLSBAD CA 92011
JOSEPH SARDINA
4009 CANARIO STREET
CARLSBAD CA 92008
SKIP ALLEN
2575 STATE STREET
CARLSBAD CA 92008
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February 13, 2018 Item #9 Page 137 of 138
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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
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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
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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
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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 .,.,._,
----,
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• fl~ R15Ell
12
C2J~"°,Af llr.A1".
I: I
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,
111 0
;
~ .. I!.
,. T\P.1
6 5
i
~
~
~
I
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' ' ' ' 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
--,
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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\' ·-~
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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
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+
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
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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'
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6 5 4 3 1 I I I
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: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
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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_
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FOURTH FLOOR SETBACK
41h FLOOR CALCULATIOH
• II' l,EOU llfD SET !J.cl< AR£A. 52B ol.
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5E"l!.'.CK illfA EUCIU)l,CHI.E'IT O sJ
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TO!'l. IC7SETBl,O(~RE~PR.O,,,OED' 1,1ao1.t
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-· 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
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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