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HomeMy WebLinkAbout2018-02-27; City Council; ; A Tentative Tract Map and Major Review Permit for the construction of a mixed-use building located at the northwest corner of Madison Street and Oak Avenue in Land Use DiCA Review l</C ~ CI TY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: February 27, 2018 Mayor and City Council Kevin Crawford, City Manager Chris Garcia, Associate Planner chris.garcia@carlsbadca.gov or 760-602-4622 A Tentative Tract Map and Major Review Permit for the construction of a mixed-use building consisting of 943 square feet of commercial space and six residential condominium units located at the northwest corner of Madison Street and Oak Avenue in Land Use District 1 of the Village Review zone. Six on Madison CT 2017-0004/RP 2017-0009 (DEV2017-0069) Recommended Action That the City Council hold a public hearing and adopt a resolution approving Tentative Tract Map No. 2017-0004 and Major Review Permit No. RP 2017-0009 for the construction of a mixed-use building consisting of 943 square feet of commercial space and six residential condominium units, and adopt a resolution approving a request to participate in the Parking In- Lieu Fee program and the purchase of four parking in-lieu fee credits at a cost of $11,240 each to satisfy the commercial parking requirement of four parking spaces. Executive Summary The applicant, Oak & Madison, LLC, is seeking approval of a Tentative Tract Map and Major Review Permit to construct a four-story mixed-use building consisting of 943 square feet of commercial space and six residential condominium units. The project proposes 13 parking spaces on-site for the residential units with 12 of the 13 spaces provided by means of six parking lifts. The applicant is requesting to participate in the Parking In-Lieu Fee program for the four required parking spaces for the 943 square foot commercial unit. On December 20, 2017, the Planning Commission conducted a continued public hearing and recommended approval of the project (6-0, Commissioner Siekmann absent). Discussion The 0.19-acre site is located on the northwest corner of Madison Street and Oak Avenue, and is presently a vacant, unpaved lot. The project site is located within Land Use District 1, Carlsbad Village Center, of the Village Master Plan which lists mixed-use projects as permitted uses. The proposed project has a uniform architectural design that blends the uses on the site. The majority of the building is covered with smooth white stucco with tan colored stucco accents. Textured concrete tile enhances the street side elevations including a vertical tower element fronting the Madison Street elevation. Multiple balconies wrap around the corners of the Feb. 27, 2018 Item #7 Page 1 of 93 building. Wood-stained siding will be located on the ceilings above the balconies which provides visual interest from the public right-of-way below. The balconies have clear glass guardrails with bronze aluminum top and bottom rails. The window frames for the residential and commercial uses will also have a bronze finish creating a uniform project design. The majority of the building is at or below the 45 foot height allowance for District 1. However, one enclosed stairway/elevator tower extends approximately two feet above the height limit, which is permitted by Carlsbad Municipal Code (CMC) Section 21.46.020. The project is consistent with applicable design guidelines of the Village Master Plan and Design Manual. The proposed development has a strong relationship to the street, is enriched with architectural features and details, incorporates landscaping as an important component of the architectural design, has visually subordinated parking, provides a variety of setbacks, and incorporates multiple exterior finishes. The project meets all of the development standards for Land Use District 1 including density, setbacks, building height, building coverage, open space and parking (with City Council approval to participate in the Parking In-Lieu Fee program for 100 percent of the commercial parking). The applicant is requesting to participate in the Parking In- Lieu Fee program instead of providing four parking spaces on-site for the 943 square foot commercial unit. Staff's full analysis of compatibility with the General Plan and the Village Master Plan and Design Manual, including the Parking In-Lieu Fee program, is contained in the attached Planning Commission Staff Report dated December 20, 2017. For all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct six residential condominium units has been conditioned to pay the applicable housing in-lieu fee for six units prior to final map approval. The current housing in-lieu fee is $4,515 per unit, or $27,090 for this six-unit project. At the December 20, 2017 Planning Commission hearing, two members ofthe public spoke. One spoke in favor of a mixed-use project at the site and encouraged mixed-use projects in the Village that promote alternative modes of transportation. However, the speaker was not in favor of the proposed project since the ground-floor parking reduces the amount of ground- floor commercial that can be provided on the site. Additionally, there were concerns about available bicycle parking and the type of street trees along Oak Avenue. The other speaker was generally accepting of the project, but was concerned about the potential commercial tenant and compatibility with the surrounding neighborhood. A letter was received from a neighbor and distributed to the Planning Commission opposing the project due to its impact on street parking. The Commission mainly discussed and questioned the applicant on the parking lifts and how they would operate. Following information provided by the applicant and Commission discussion, the Planning Commission voted to recommend approval of the project to the City Council. Fiscal Analysis All required improvements needed to serve this project would be funded and/or constructed by the developer. Feb. 27, 2018 Item #7 Page 2 of 93 Next Steps The City Council's action on this item is final. 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. Exhibits 1. City Council Resolution 2. City Council Resolution approving a Parking In-lieu Fee agreement 3. Location Map 4. Planning Commission Resolution No. 7282 5. Planning Commission Staff Report dated December 20, 2017 (without Planning Commission Resolution) 6. Planning Commission minutes dated December 20, 2011 Feb. 27, 2018 Item #7 Page 3 of 93 RESOLUTION NO. 2018-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND MAJOR REVIEW PERMIT FOR THE CONSTRUCTION OF A MIXED-USE BUILDING CONSISTING OF 943 SQUARE FEET OF COMMERCIAL SPACE AND SIX RESIDENTIAL CONDOMINIUM UNITS LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND OAK AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE. CASE NAME: SIX ON MADISON CASE NO.: CT 2017-0004/RP 2017-0009 (DEV2017-0069) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 20, 2017, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009, as referenced in Planning Commission Resolution No. 7282; and the Planning Commission adopted Planning Commission Resolution No. 7282 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 Tentative Tract Map and Major Review 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 Tentative Tract Map and Major Review 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 Tentative Tract Map No. 2017-0004 and Major Review Permit No. 2017-0009, is approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7282 on file with the City Clerk and incorporated herein by reference, are the findings and conditions ofthe City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: Feb. 27, 2018 Item #7 Page 4 of 93 "NOTICE" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of February, 2018, by the following vote, to wit: AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: ABSENT: None. M. Hall. (SEAL) Feb. 27, 2018 Item #7 Page 5 of 93 RESOLUTION NO. 2018-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND OAK & MADISON, LLC, PROPERTY OWNER, FOR THE PROJECT KNOWN AS SIX ON MADISON LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND OAK AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SIX ON MADISON CASE NO.: CT 2017-0004/RP 2017-0009 (DEV2017-0069) The City Council of the City of Carlsbad, California, does hereby resolve as follows: Exhibit 2 WHEREAS, as a condition of approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. 2017-0009 (Planning Commission Resolution No. 7282), the Property Owner is required to enter into an agreement with the City to allow the Property Owner to participate in the Village Parking In-Lieu Fee Program to satisfy the commercial on-site parking requirements for the subject project; and WHEREAS, the Property Owner has agreed, by acceptance ofthe conditions of said approval, to pay the established Parking In-Lieu Fee for a total of four (4) commercial parking spaces to satisfy the I commercial on-site parking requirements for the project located at the northwest corner of Madison Street and Oak Avenue within Land Use District 1 of the Village Review Zone; and WHEREAS, the City Council finds that the subject property and project has qualified to participate in the Village Parking In-Lieu Fee Program and participation in the program will satisfy the required commercial parking spaces for the subject project on the noted property at the northwest corner of Madison Street and Oak Avenue; and WHEREAS, the Planning Commission on December 20, 2017, determined that the proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual and recommended approval to the City Council; and WHEREAS, the City Council on February 27, 2018, determined that the proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; and WHEREAS, the City Council has previously determined that there is adequate public parking available within the Village Area to accommodate the subject project's parking demands and that the average utilization rate for all public parking lots according to the most recent parking study is below the full utilization rate of 85 percent; and Feb. 27, 2018 Item #7 Page 6 of 93 WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date ofthis Parking In-Lieu Fee Participation Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the foregoing recitations are true and correct. 2. That the City Council hereby approves the Village Parking In-Lieu Fee Participation Agreement between the City, and Oak & Madison, LLC, Property Owner of the project known as Six on Madison which is located at the northwest corner of Madison Street and Oak Avenue, in Land Use District 1 of the Village Review Zone of the City of Carlsbad. 3. That the Mayor of the City of Carlsbad is hereby authorized to execute said Agreement, and the City Clerk is requested to forward the executed Agreement to the County Recorder for recordation against the subject property. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of February, 2018, by the following vote, to wit: AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: ABSENT: None. M. Hall. (SEAL) Feb. 27, 2018 Item #7 Page 7 of 93 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD DOC# 2018-0174301 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 May 01, 2018 04:04 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $32 00 (SB2 Atkins $0.00) PAGES 7 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use Assessor's Parcel Number 203-305-10-00 Project Number and Name CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS ~TICIPATION AGREEMENT ("Agreement") is entered into this 2. &tYJ day of :±e~ , 2018, by and between the CITY OF CARLSBAD, a municipal corporation of the State of Cal rnia ("City"), and Oak & Madison, LLC, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at the northwest corner of Madison Street and Oak Avenue (APN: 203-305-10-00) in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Tentative Tract Map and Major Review Permit (CT 2017-0004/RP 2017-0009), which provides conditional approval of a mixed-use project containing six residential condominiums and a 943 square foot commercial space, and participation in the Parking In-Lieu Fee Program for four (4) parking spaces to satisfy the on-site parking requirement of the commercial space ("Project"). B. Condition No. 24 of Planning Commission Resolution No. 7282 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of four (4) parking space(s). The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. 1 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 8 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing four (4) on-site parking spaces for the Project covered by Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 by reason of City Council approval of Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009, including Condition No. 28 listed in Planning Commission Resolution No. 7282. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four (4) parking spaces as established by the City Council, and, as required by Condition No. 28 of Planning Commission Resolution No. 7282. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Review zone, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Council has approved Tentative Tract Map No. CT 2017-0004 and Major Review Permit No. RP 2017-0009 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of four (4) parking spaces. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 28 of Planning Commission Resolution No. 7282. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carlsbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "lndemnitees"), and any of them, from and against all loss, all risk of loss and all damage, including attorneys' fees and expenses, sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participant's actions or defaults pursuant to this Agreement, and shall protect and defend lndemnitees, and any of them with respect thereto. 2 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 9 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069)-Six on Madison 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Oak & Madison, LLC 7851 Mission Center Court #200 San Diego, CA 92108 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 four (4) parking spaces for the Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the Project as described in Exhibit A to this Agreement. 9. JURISDICTION Program Participant agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. 3 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 10 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT CITY OF CARLSBAD, a municipal corporation oCU<.. f{fVla.dfJt11-1_Lt-c..... oftheS~ateofCalifornia B~-By Ui . L-,-- (Signfiiere) .. ~, Mayor Pro Tern /11 C:ff1?. 1Yf'.,[ 1j/J-,t3 t:.7'< I , I I 'V (Print Name/Title) Ma11.4.J",~ Dated: 1 \ Y \ ,.,,,~. ---'---+-1 _ __,_ ________ _ Dated: p.-{J~ P CJ 1 2 0 I f Attest: By:------------ (Sign Here) (Print Name/Title) Dated: ____________ _ Dated: __ 3_hJ/--+l+--\Q, __ _ (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Celia A. Brewer, City Attorney By:c2e.4~ Jbgistar,~-City Attorney t .,,Dated: __ o-+-\\__,~\1--li __ _ 4 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 11 of 93 Assessor's Parcel Number: 203-305-10-00 Project Number and Name: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -Six on Madison EXHIBIT A Address: Not yet assigned Assessor Parcel No.: 203-305-10-00 LEGAL DESCRIPTION OF PROPERTY All of Lots 31 and 32 in Block 39, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, recorded in the office of the County Recorder of San Diego County, May 2, 1888; Together with that portion of Oak Avenue, adjoining Lot 32 as vacated on September 17, 1985 by Resolution No. 8181 of the City Council of the City of Carlsbad. 5 CA 11/5/2014 Feb. 27, 2018 Item #7 Page 12 of 93 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (1,... ~ County of ~tVl \'" ... A::?~o On __ o,z.l_,i-.-=r_\~·JO_\_£,_ before me.~M 16. t:ou4l, NvbitJd r £{ k2I ( 0 ](insert name anti title of the Gfficer) personally appeared t'V/£;11 Yt;{Jl ~ b?ri , who proved to me on the basis of satisfactory evidence to be the person(.t) whose name(.s) is~ subscribed to the within instrument and acknowledged to me that he/.sh'emmy executed fhe same in his/herttrreir authorized capacity(i.es), and that by his/het"fttffiif signature(,i) on the instrument the person(,:.,), or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se Feb. 27, 2018 Item #7 Page 13 of 93 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego before me Sheila R. Cobian, Notary Public '-------------------(insert name and title of the officer) I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~ r(R, C&G>flfV\ (Seal) i············1 SHEILA R. COBIAN : .,... Notary Public -California : J ~ :· San O,ego County ! . Commission• 2204481 My Comm. Expires Jul 10, 2021 Feb. 27, 2018 Item #7 Page 14 of 93 SITE MAP • N NOT TO SCALE Six on Madison EXHIBIT 3 CT 2017-0004/RP 2017-0015 (DEV2017-0069) Feb. 27, 2018 Item #7 Page 15 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 7282 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND A MAJOR REVIEW PERMIT FOR THE CONSTRUCTION OF A MIXED-USE BUILDING CONSISTING OF 943 SQUARE FEET OF COMMERCIAL SPACE AND SIX RESIDENTIAL CONDOMINIUM UNITS LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND OAK AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SIX ON MADISON CASE NO.: CT 2017-0004/RP 2017-0009 (DEV2017-0069) WHEREAS, Oak & Madison, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as All of Lots 31 and 32 in Block 39, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, recorded in the office of the County Recorder of San Diego County, May 2, 1888; Together with that portion of Oak Avenue, adjoining Lot 32 as vacated on September 17, 1985 by Resolution No. 8181 of the City Council of the City of Carlsbad ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Major Review Permit as shown on Exhibit(s) "A" -"N" dated December 20, 2017, on file in the Planning Division CT 2017-0004/RP 2017-0009 -SIX ON MADISON, as provided by Chapters 20.12 and 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 20, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CT 2017-0004/RP 2017-0009-SIX ON MADISON, based on the following findings and subject to the following conditions: Feb. 27, 2018 Item #7 Page 16 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Tentative Tract Map CT 2017-0004 1. 2. 3. 4. 5. 6. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed one-lot tentative tract map for a seven-unit air-space condominium subdivision (six residential units and one non- residential unit) is consistent with the General Plan and satisfies all minimum requirements of the Village Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed in the project staff report dated December 20, 2017 and findings below. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed, are currently designated as Village (V) in the General Plan and are located in Land Use District 1-Carlsbad Village Center, of the Village Master Plan. The subject property is bordered to the north by commercial and residential; to the south by residential across Oak Avenue; to the east by residential and commercial uses across Madison Street; and to the west by an alley and a single-family residence. The adjacent properties to the north, west and east are also located in Land Use District 1 of the Village Master Plan which allows a wide variety of uses including mixed-use developments which are permitted by right in Land Use District 1. The properties across Oak Avenue to the south are currently designated for multiple- family residential. Therefore, the mixed-use project of multi-family residential and a small commercial space is compatible with existing land uses and surrounding future land uses. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on the gross acreage of 0.19 acres, the proposed six residential condominium units have a density of 31.6 dwelling units per acre. Since the proposed project falls within the allowable density range and meets all required development standards, the project is consistent with this finding. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures have been designed to include operable windows on all elevations and balconies to maximize exposure of each unit to natural light, and ventilation from nearby coastal breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that the proposed six-unit residential project is conditioned to pay an inclusionary housing fee for six units. PC RESO NO. 7282 -2-Feb. 27, 2018 Item #7 Page 17 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the vacant, previously developed lot is devoid of sensitive vegetation and any natural water features. Therefore, the proposed project does not impact any fish, wildlife or habitat. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the city's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing streets can accommodate the estimated 88 average daily trips {ADTs) and all required public right-of-way has been, or will be, dedicated and has been, or will be, improved to serve the development. In addition, the proposed project would not result in any significant capacity-related impacts to any road segments or intersections. Major Review Permit RP 2017-0009 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated December 20, 2017, including, but not limited to the following: a. Land Use -The proposed project, which includes the construction of six new residential condominiums and a 943 square foot commercial space, would enhance the vitality of the Village by providing new residential and commercial land uses near the downtown core area. The project reinforces the pedestrian orientation desired for the downtown area by providing residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit would help to further the goal of providing new economic development near transportation corridors. Overall, the mixed-use project would contribute to the revitalization of the Village area with its proposed residential and commercial uses. Mobility -The proposed project has been designed to meet all of the circulation requirements, which include maintaining or enhancing frontage improvements consisting of sidewalks on both frontages and landscaping. In addition, the applicant would be required to pay traffic impact fees prior to the issuance of building permits that would go towards future road improvements. The proposed project is located approximately one- half mile from the Carlsbad Village Drive train station which provides rail and bus service throughout the day. The project's proximity to the transit station would provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. b. Noise -The proposed project is consistent with the Noise Element of the General Plan in that the project has been conditioned to comply with the construction requirements of the noise analysis report {ABC Acoustics, Inc., dated March 22, 2017) to ensure that the proposed building design adequately attenuates the noise levels for the new condominiums. PC RESO NO. 7282 -3-Feb. 27, 2018 Item #7 Page 18 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. c. Housing -The inclusionary housing requirement may be satisfied through the payment of an in-lieu fee for projects that have less than seven units. The project has been conditioned to require the payment of the housing in-lieu fee for six {6} units prior to issuance of a building permit. d. Public Safety-The proposed structural improvements would be required to meet all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements. The project would be required 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 project has been conditioned to pay all applicable public facilities fees for Zone 1 and meet with the fire marshal to determine if public fire hydrants are required. e. 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 dated December 20, 2017. The project is not requesting any deviations to the development standards. All required residential parking is located on-site and the applicant is requesting to participate in the Parking In-Lieu fee program for the four (4) required commercial parking spaces. 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 proposed project is consistent with the goals and objectives of the Village 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 while 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, and diversity 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 a vacant site on the northwest corner of Madison Street and Oak Avenue with a new attractive 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, and commercial/retail uses on Madison Street, but reinforces the pedestrian orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building in the core of the Village, new commercial lease space, new employment opportunities and new patrons. PC RESO NO. 7282 -4-Feb. 27, 2018 Item #7 Page 19 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Adequate parking is available within the Village to accommodate the project's parking demands in that a parking study {Kimley-Horn, September 14, 2017} was recently completed for the Village and Barrio areas. Parking occupancies were observed in the morning (9 A.M.}, afternoon {1:00 P.M.), and evening {7:00 P.M.}. The highest occupancy for all public parking lots combined in the Village was 70 percent at 1:00 P.M. on a weekday in May 2016 and 67 percent on a weekend in July 2016. The overall average occupancy per the study was 51 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. 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 13. 14. 15. General 16. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the adjacent mix of residential and commercial land uses and anticipated uses in that Land Use District 1 of the Village Master Plan is intended to provide for a gradual transition to a mix of higher quality commercial and residential uses which will provide positive support for the core of the Village. 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 an acreage of 0.19 acres, the proposed six residential condominium units have a density of 31.6 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 1 of the Village Master Plan and will contribute towards the overall revitalization of the Village Area. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Northwest Quadrant to allocate six units. Per the city's Quadrant Dwelling Unit Report {latest available dated October 31, 2017}, 584 units remain available for allocation in the Village. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. b. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. 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. PC RESO NO. 7282 -5-Feb. 27, 2018 Item #7 Page 20 of 93 1 2 3 17. 4 18. 5 6 7 8 19. 9 10 d. 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 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 Projects of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The 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. 11 Conditions: 12 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. grading or building permit, or recordation of the Final Map, whichever occurs first. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map and Major Review Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Major Review 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. 5. 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 PC RESO NO. 7282 -6-Feb. 27, 2018 Item #7 Page 21 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Tentative Tract Map and Major Review 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 Tentative Map, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to the recordation of the Final Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map and Major Review Permit by Resolution(s) No. 7282 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. PC RESO NO. 7282 -7-Feb. 27, 2018 Item #7 Page 22 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 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. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions {CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the city: The city shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the city has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the city in advance. If the proposed amendment affects the city, city shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to city within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article Section the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty {30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the city shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the city: In the event the city has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the city to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty {20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent {6%) of the amount of the invoice. Thereafter the city may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting PC RESO NO. 7282 -8-Feb. 27, 2018 Item #7 Page 23 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. 20. 21. the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ----- f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _ Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the city-approved documents and exhibits. 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. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until all of the units are sold. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 7282 -9-Feb. 27, 2018 Item #7 Page 24 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 24. 25. Prior to issuance of building permits, the Developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit basis (total of six (6) units) in the amount in effect at the time, as established by City Council Resolution from time to time. 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 four (4) 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. Prior to issuance of the building permit, verification shall be submitted confirming that the buildings have been designed to comply with the recommendations of the noise study prepared for the project (ABC Acoustics, Inc., dated March 22, 2017). Engineering: General 26. 27. 28. 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, landscaping, low impact development features, storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Developer shall prepare, submit and process for City Engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 30. 31. 32. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private raised planters located over proposed public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. PC RESO NO. 7282 -10-Feb. 27, 2018 Item #7 Page 25 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grading 33. 34. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, 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. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City Engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 35. 36. 37. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to city Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the City Engineer. Ded ications/1 m provements 38. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public street & public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. If the developer pursues a grading permit prior to final map approval, the offer shall be made by a separate instrument. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. PC RESO NO. 7282 -11-Feb. 27, 2018 Item #7 Page 26 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. 40. 41. The existing utilities easement shall be quitclaimed as shown on the tentative map. The quitclaim shall be included on the final map to the satisfaction of the City Engineer. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Developer shall design all proposed public improvements including but not limited to sewer laterals, pedestrian ramps, driveway removals, sidewalk, water services/meters, curb drains as shown on the tentative map. These improvements shall be shown on one of the following, subject to City Engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Non-Mapping Notes 42. Add the following notes to the final map as non-mapping data: a. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. b. Geotechnical Caution: i. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. c. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. d. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. PC RESO NO. 7282 -12-Feb. 27, 2018 Item #7 Page 27 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Utilities 43. 44. 45. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on grading plans. The developer shall agree to install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on grading plans. Code Reminders 46. 47. 48. 49. 50. 51. 52. 53. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report dated December 20, 2017, and shown on the tentative map are for planning purposes only. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. PC RESO NO. 7282 -13-Feb. 27, 2018 Item #7 Page 28 of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7282 -14-Feb. 27, 2018 Item #7 Page 29 of 93 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 20, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery and Rodman Commissioner Siekmann 11 JEFF SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A1TEST: DON NEU City Planner PC RESO NO. 7282 -15-Feb. 27, 2018 Item #7 Page 30 of 93 EXHIBIT 5 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. G) P.C. AGENDA OF: December 20, 2017 Application complete date: August 30, 2017 Project Planner: Chris Garcia Project Engineer: Kyrenne Chua SUBJECT: CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON -Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit for the construction of a mixed-use building consisting of 943 square feet of commercial space and six residential condominium units located at the northwest corner of Madison Street and Oak Avenue in Land Use District 1 of the Village Review zone 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. 7282 RECOMMENDING APPROVAL of Tentative Tract Map CT 2017-0004 and Major Review Permit RP 2017-0009 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The subject 0.19-acre site is located on the northwest corner of Madison Street and Oak Avenue and is located within Land Use District 1 of the Village Review zone. The site is currently undeveloped. Table "A" below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A-SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site Village Village Review (V-R)-District 1 Vacant North Village Village Review (V-R) -District 1 Commercial/Residential South R-30 Residential Residential Density-Multiple (RD-M) Residential East Village Village Review (V-R) -District 1 Commercial/Residential West Village Village Review (V-R) -District 1 Residential The proposed project involves a request for approval of a Tentative Tract Map and Major Review Permit to construct a commercial and residential condominium project. Vehicular access to the site will be taken from the rear alley where residents will pull into a secured parking garage that occupies a majority of the ground floor. The remaining front portion of the ground floor is dedicated towards a 943 square foot commercial space. The second, third and fourth floors consist of two condominiums per floor. The units range from 1,905 square feet to 2,287 square feet in size and all contain private balconies. Grading for the proposed project includes 780 cubic yards of cut, 10 cubic yards of fill and 770 cubic yards of export. Feb. 27, 2018 Item #7 Page 31 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 2 The majority of the building is at or below the 45 foot height allowance for District 1. However, an enclosed stairway/elevator access tower on the eastern end of the building exceeds the 45 foot height limit and extends up to 46'-4" in height, which is allowed per Carlsbad Municipal Code (CMC) Section 21.46.020. Ill. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use Designation; B. Village Review (V-R) Zone (CMC Chapter 21.35), Land Use District 1 (Carlsbad Village Center, Village Master Plan and Design Manual); C. Subdivision Ordinance (CMC Title 20); D. lnclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. The recommendation for approval of this project was developed by analyzing the project1s consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use Designation The subject property has a General Plan Land Use designation of Village (V). As discussed in the Village Master Plan, properties within the Village Area do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the Village Master Plan. Table "B" below identifies the permissible density range for properties within Land Use District 1, as well as the allowable density range based on the size of the project site and the proposed density and units. TABLE B-PROPOSED DENSITY Allowable Density Range; Project Density; Gross Acres Net Acres Min/Max Dwelling Units per Village Proposed Dwelling Units Master Plan 0.19 0.16 28-35 dwelling units per acre (du/ac). The 31.6 du/ac minimum density for mixed-use projects Six dwelling units shall be calculated on fifty percent of the developable area. Minimum: Two dwelling units (mixed-use) Maximum: Six dwelling units As identified above, the project's density of 31.6 dwelling units per acre falls below the maximum density of 35 dwelling units per acre and, therefore, complies with the allowed density for District 1. Pursuant to the Housing Element of the General Plan, because a Growth Management Control Point has not been established for residential development in the Village, all residential units approved in the Village must be withdrawn from the city's Excess Dwelling Unit Bank (EDUB). The EDUB 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 CMC Section Feb. 27, 2018 Item #7 Page 32 of 93 CT 2017-0004/RP 2017-0009 {DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 3 21.85.110. As discussed in Section C below, the proposal to pay the in-lieu inclusionary housing fees for six (6) residential units is consistent with the inclusionary housing requirement as set forth in City Council Policy No. 43. In order to approve 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 the project is consistent with the General Plan and any other applicable planning document. As the proposed project requires action by the City Council, the City Council is the final decision-making authority for the allocation from the EDUB. Lastly, the project is subject to compliance with the Elements of the General Plan as outlined in Table "C" below: TABLE C -GENERAL PLAN COMPLIANCE Element Use, Classification, Goal, Objective, Proposed Uses & Improvements Comply? or Program Land Use Goal 2-G.30 The proposed project, which includes Yes Develop a distinct identity for the the construction of six new residential Village by encouraging a variety of condominiums and a 943 square foot uses and activities, such as a mix of commercial space, would enhance the residential, commercial office, vitality of the Village by providing new restaurants and specialty retail residential and commercial land uses shops, which traditionally locate in a near the downtown core area. The pedestrian-oriented downtown project reinforces the pedestrian area and attract visitors and orientation desired for the downtown residents from across the area by providing residents an community by creating a lively, opportunity to walk to shopping, interesting social environment. recreation, and mass transit functions. The project's proximity to existing bus Policy 2-P.70 routes and mass transit would help to Seek an increased presence of both further the goal of providing new residents and activity in the Village economic development near with new development, particularly transportation corridors. residential, including residential as part of a mixed-use development, as Overall, the mixed-use project would well as commercial, entertainment contribute to the revitalization of the and cultural uses that serve both Village area with its proposed residential residents and visitors. and commercial uses. Mobility Policy 3-P.5 The proposed project has been designed Yes Require developers to construct or to meet all of the circulation pay their fair share toward requirements, which include improvements for all travel modes maintaining or enhancing frontage consistent with the Mobility improvements consisting of sidewalks Element, the Growth Management on both frontages and landscaping. In Plan, and specific impacts associated addition, the applicant would be with their development. required to pay traffic impact fees prior to the issuance of building permits that would go towards future road improvements. Feb. 27, 2018 Item #7 Page 33 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e4 Element Use, Classification, Goal, Objective, Proposed Uses & Improvements or Program Goal 3-G.3 The proposed project is located Provide inviting streetscapes that approximately one-half mile from the encourage walking and promote Carlsbad Village Drive train station livable streets. which provides rail and bus service throughout the day. The project's proximity to the transit station would provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. Noise Goal 5-G.2 The proposed project is consistent with Ensure that new development is the Noise Element of the General Plan in compatible with the noise that the project has been conditioned to environment, by continuing to use comply with the construction potential noise exposure as a requirements of the noise analysis criterion in land use planning. report (ABC Acoustics, Inc., dated March 22, 2017) to ensure that the proposed Policy 5.P.2 building design adequately attenuates Require a noise study analysis be the noise levels for the new conducted for all discretionary condominiums. development proposals located where projected noise exposure would be other than "normally acceptable." Housing Policy 10-P.15 The inclusionary housing requirement Pursuant to the lnclusionary Housing may be satisfied through the payment of Ordinance, require affordability for an in-lieu fee for projects that have less lower income households of a than seven units. The project has been minimum of 15 percent of all conditioned to require the payment of residential ownership and qualifying the housing in-lieu fee for six (6) units rental projects. prior to issuance of a building permit. Public Goal 6-G.l The proposed structural improvements Safety Minimize injury, loss of life, and would be required to meet all seismic damage to property resulting from design standards. In addition, the fire, flood, hazardous material proposed project is consistent with all of release, or seismic disasters. the applicable fire safety requirements. Policy 6-P.6 The project would be required to Enforce the requirements of Titles develop and implement a program of 18, 20, and 21 pertaining to "best management practices" for the drainage and flood control when elimination and reduction of pollutants reviewing applications for building which enter into and/or are transported permits and subdivisions. within storm drainage facilities. Comply? Yes Yes Yes Feb. 27, 2018 Item #7 Page 34 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 5 Element Use, Classification, Goal, Objective, Proposed Uses & Improvements or Program Policy 6-P .34 The project has been conditioned to pay Enforce the Uniform Building and all applicable public facilities fees for Fire codes, adopted by the city, to Zone 1 and meet with the fire marshal provide fire protection standards for to determine if public fire hydrants are all existing and proposed structures. required. Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Comply? 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. Mixed-use developments are permitted in Land Use District 1. No variances or standards modifications are being requested for the project. The specific development standards for new development within Land Use District 1 and the project's compliance with these standards is shown in Table "D" below: TABLED -COMPLIANCE WITH VILLAGE MASTER PLAN, LAND USE DISTRICT 1 Standard Required/ Allowed Proposed Comply? Front Yard For mixed-use projects, no setback 1stfloor: 0-10'-9Yz" Yes Setback from the first at-grade floor and 10 2nd floor: Minimum 10' (Madison foot average for all floors above 3rd floor: Minimum 10' Street) the first at-grade floor. 4th floor: Minimum 10' Side Yard No minimum or maximum 0 feet Yes Setback requirement Rear Yard No minimum or maximum 0 feet Yes Setback requirement Building 45' 45' for the majority of the building. Yes Height 46' -4" to the top of an enclosed stairway/elevator access tower on the eastern end of the building which is allowed per CMC Section 21.46.020. Building 100% 100% Yes Coverage Roof Pitch No requirement (5:12 roof pitch for Flat roof with parapet walls. Yes 50% of the total roof structure required in the Coastal Zone only). Open Space 20% = 1,400 square feet 77% Yes Open space may be public or Balconies: 2,744 square feet private and may be dedicated to Ground floor: 525 square feet landscaped planters, open space Breezeways: 2,154 square feet pockets and/or connections, roof Feb. 27, 2018 Item #7 Page 35 of 93 CT 2017-0004/RP 2017-0009 {DEV2017-0069} -SIX ON MADISON December 20, 2017 Pa e 6 Standard Required/ Allowed Proposed Comply? gardens/patios, balconies, other patios and outdoor eating areas. Parking Commercial: Residential: 12 parking spaces are Yes 1 space per 300 square feet of net proposed by utilizing six parking lifts floor area. within an enclosed parking garage on 943 square feet+ 300 sq. ft. = 4 the ground floor. 1 additional spaces. accessible parking space is also provided as required per the building Multi-family Dwellings code. (Outside Coastal Zone): -2 spaces per two-bedroom or Commercial: Applicant is requesting more to participate in the Parking In-Lieu -1 space per studio and one-fee program for the four {4) required bedroom commercial parking spaces. -For condominiums, at least one space must be covered. Guest: No requirement outside Coastal Zone. Proposed project: 6 condos with 2+ bedrooms each. 6 units x 2 spaces= 12 spaces Total Spaces Reguired: 12 + 4 = 16 spaces Pursuant to the Village Master Plan, village scale and character should be emphasized for all future development and property improvements to reinforce the area's uniqueness, enhance its impact as a shopping and entertainment destination, and improve its livability as a mixed-use residential environment. Ten basic design principles are utilized in the design review process for property improvements and new construction in the Village. The Planning Commission shall be satisfied that the applicant has made an honest effort to conform to each of these principles. The project's compliance with these standards is shown in Table 'T' below: TABLE E -VILLAGE MASTER PLAN -BASIC DESIGN PRINCIPLES Design Principle Analysis 1. Development shall have While the Village Master Plan does not define "informal character," an overall informal the standards in Land Use District 1 include the allowance for a 45- character foot-tall building, a density up to 35 dwelling units per acre, and limited setbacks, including a zero setback along the side and rear property lines. The Village Master Plan allows for a mixed-use project at this location. The surrounding development includes a two-story residential and a one-story commercial project to the north, one- Feb. 27, 2018 Item #7 Page 36 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 7 Design Principle Analysis story residential to the south, one-story commercial and residential to the east, and one-story residential to the west. Given the existing setting and development standards, an environment is established which encourages larger, intense development. To address issues with respect to mass and scale, the applicant has stepped floors 2-4 back from Madison Street and added architectural relief and balconies on all elevations to help break up the massing. 2. Architectural design shall The proposed project has a uniform architectural design that blends emphasize variety and the uses on the site. The majority of the building is covered with diversity smooth white stucco with tan colored stucco accents. Textured concrete tile enhances the street side elevations including a vertical tower element fronting the Madison Street elevation. Multiple balconies wrap around the corners of the building. Wood-stained siding will be located on the ceilings above the balconies which provides visual interest from the public right-of-way below. The balconies have clear glass guardrails with bronze aluminum top and bottom rails. The window frames for the residential and commercial uses will also have a bronze finish creating a uniform project design. 3. Development shall be Land Use District 1 allows for a building up to 45 feet in height small in scale (exclusive of acceptable architectural projections), 100 percent building coverage, limited setbacks with 10 foot average front setback for floors above the first at-grade floor, and a density up to 35 dwelling units per acre. These standards do not encourage the design of a project which is small in scale. The project proposes a density of 31.6 dwelling units per acre, 100 percent building coverage, zero setbacks on three of the four elevations, and a building height of 45 feet with projections to 46 feet, 4 inches as allowed by CMC Section 21.46.020. However, the project's design and articulation helps improve its compatibility with its surroundings. 4. Intensity of development The project is consistent with this principle in that it is developed shall be encouraged pursuant to the existing standards of Land Use District 1 which include setbacks, building coverage, height, and open space. 5. All development shall The project is strongly related to the street through the use of have a strong relationship windows and balconies, and large windows for the ground floor to the street commercial space. In addition, the project will construct frontage improvements in an undeveloped area that will include trees and landscaped planters along a pedestrian walkway. The project design includes the use of visually-interesting materials and accents such as concrete tile, decorative railings, smooth finish stucco walls and exterior lighting. 6. A strong emphasis shall See discussion for #5 above. be placed on the design of ground floor facades 7. Buildings shall be See discussion for #2 above. enriched with architectural features and details Feb. 27, 2018 Item #7 Page 37 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 8 Design Principle Analysis 8. Landscaping shall be an Given the zero foot setbacks along the ground level, landscaping is important component in proposed along the frontage within the public right-of-way for the architectural design Madison Street and Oak Avenue. This includes landscaped planters adjacent to the building and ground cover and trees adjacent to the existing sidewalks. 9. Parking shall be visually The proposed parking is visually subordinate in that all of the parking subordinated spaces are located within a covered parking garage and are not readily visible from Madison Street or Oak Avenue. 10. Sign age No signage is proposed with the project. A separate sign permit will be required to allow any proposed signage. The project site is located in Parking Zone 1 of the Village, which allows the developer to make an in-lieu fee payment for up to 100 percent of the on-site parking requirement if the property is located within 600 feet of an existing parking facility. The site is located approximately 500 feet from the public parking fot at the northeast corner of Carlsbad Village Drive and Roosevelt Street. As a condition of project approval, the applicant shall be required to enter into an agreement to pay the parking in-lieu fee prior to the issuance of building permits for the project. In order to participate in the Parking In-lieu Fee program, the appropriate decision-maker (City Council) must find that: 1. The proposed project is consistent with the goals and objectives of the Village Master Plan and Design Manual; 2. The proposed use is consistent with the land use district in which the property is located; 3. Adequate parking is available within the Village to accommodate the project's parking demands; and 4. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Justification for the above referenced findings is as follows: 1. The project is consistent with Village 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 while 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, and diversity 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 a vacant site on the northwest corner of Madison Street and Oak Avenue with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area. 2. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential and commercial/retail uses on Madison Street, but reinforces the pedestrian orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions. Furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors. Lastly, it will contribute to the revitalization of the Village area in the form of a new building in the core of the Village, new commercial lease space, new employment opportunities and new patrons. Feb. 27, 2018 Item #7 Page 38 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 9 3. Adequate parking is available within the Village to accommodate the project's parking demands. A parking study (Kimley-Horn, September 14, 2017) was recently completed for the Village and Barrio areas, and parking occupancies were observed in the morning (9 A.M.), afternoon (1:00 P.M.), and evening (7:00 P.M.). The highest occupancy for all public parking lots combined in the Village was 70 percent at 1:00 P.M. on a weekday in May 2016 and 67 percent on a weekend in July 2016. The overall average occupancy per the study was 51 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. 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 four (4) 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. In summary, given the surrounding land uses, the existing standards in the Village Master Plan, as well as the enhanced architectural design, the project meets the intent of the Village Master Plan. High intensity development is encouraged through the implementation of the existing standards in Land Use District 1. C. Subdivision Ordinance The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the city's Subdivision Ordinance (Title 20) for Major Subdivisions. The subdivision is considered major because it involves the division of land into five or more condominiums (six residential condominiums and one non-residential (commercial space) proposed). The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development. D. lnclusionary Housing For all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct six residential condominium units has been conditioned to pay the applicable housing in-lieu fee for six (6) units prior to final map approval. E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the Northwest Quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table "F" below. Feb. 27, 2018 Item #7 Page 39 of 93 CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON December 20, 2017 Pa e 10 TABLE F -GROWTH MANAGEMENT COMPLIANCE Standard Impacts City Administration 21.2 sq. ft. Library 11.3 sq. ft. Waste Water Treatment 7 EDU Parks 0.04 acre Drainage Basin B; 1.1 CFS Circulation 88ADT Fire Station 1 Open Space N/A Schools Carlsbad (E: 8.1, M: 0.4, H: 0.4 Sewer Collection System 7 EDU Water 1,730 GPO Compliance Yes Yes Yes Yes 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 six residential units are proposed, a total of six dwelling units will be deducted from the city's Excess Dwelling Unit Bank. V. ENVIRONMENTAL REVIEW 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 Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan as well as with the Zoning Ordinance. The project site is within the city limits, is less than five 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. The site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. The mixed-use project consisting of six residential condominiums, and approximately 943 (gross) square feet of commercial is not subject to Climate Action Plan measures because it has been determined that the project is below the 900 MTC02e screening threshold based on the table listed in the city's Climate Action Plan (Section 5.3). ATTACHMENTS: 1. Planning Commission Resolution No. 7282 2. Location Map 3. Disclosure Statement 4. Public Comments 5. Reduced Exhibits 6. Full Size Exhibits "A" -"N" dated December 20, 2017 Feb. 27, 2018 Item #7 Page 40 of 93 SITE MAP • N NOT TO SCALE Six on Madison ATTACHMENT 2 CT 2017-0004/RP 2017-0015 (DEV2017-0069) Feb. 27, 2018 Item #7 Page 41 of 93 ATTACHMENT 3 ( City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit n Agents may sign thls document; however. the legal name and entity of the applicant and property owner must be provided below, 1. 2. P-1(A) APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of fil persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names. titles, and addresses of the corporate officers. {A separate page may be attach d if necessary.} Person 1111 £' · A-N fHs-' ( Corp/Part,___::--------- Title p ~-;o bb:)...):[;f1@ H1/;l_ Cfl(M_'1_LJ_"AJ_11 _,-,_c_.s.._· _____ _ Address £; '5 I fl,{ f S~ I Or\ CtNT€AAddress .1 kt -,jui:Tc ~DO g,~J),1£("Jt,:._1_C-._=-1t--· _c_{_d-._/_C_1_,f,,.,,_.---- OWNER {Not the owners agent) ,, '/ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresse&,of the coroorate_officers. (A separate page may be attached if necessary.) Of}/,{ fri\f.D f\114-l)LSei·,J l.L..L- Person {l,./t:=-HI!-~ JA-J.gcC"' I Corp/Part. __________ _ Title MaAa(s<A.CV /Ueru.bl?l, Title ___________ _ Address ·7 f S:I MtS.~·011 (l.;:;,Ak. ,_. Address. ___________ _ t:eS14 t f J' ~ :zoo Page 1 of2 Revised 07/10 Feb. 27, 2018 Item #7 Page 42 of 93 3. NON~PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title __________ _ Title, _____________ _ Address _________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~o If yes, please indicate person(s):. __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~L · ,' .. ~',_(__ 71)h7 Signature of applic tldate 1 /\L4-tCi .. -*'-f- Jl"(Af HH l( (t;31LUU .. U tJ l fl t:::.-S... Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Rev,sed 07/10 Feb. 27, 2018 Item #7 Page 43 of 93 Chris Garcia From: Sent: To: Subject: Mr. Garcia, Al Liebovitz Friday, September 01, 2017 9:26 AM Chris Garcia Six on Madison AlTACHMENT 4 The project should be limited to 3 stories and no more than 30 feet above street level. 4 stories is too massive and out of character for the neighborhood. Al Liebovitz 1 Feb. 27, 2018 Item #7 Page 44 of 93 Chris Garcia From: Sent: To: Subject: Dear Mr Garcia, Patricia Atkin Monday, December 11, 201711:32 AM Chris Garcia Project at corner of Oak and Madison Thank you for conversing with me today regarding the proposed six unit residential/one commercial building on the corner of Oak and Madison. My concerns are the height of the proposed structure, high occupancy of the structure and the parking availability. This seems to be however acceptable with the present situation in down town Carlsbad, for example at the corner of Chestnut and Harding close to Chase field there is a three story structure which seems excessive and unattractive. In our discussion, you mentioned the height of the proposed structure is in the parameters of the Planning Commission. The planned parking would accommodate 12 automobiles with a lift type apparatus. The high density and occupancy of the proposed project appears to be excessive. Would it not be more compatible to the beauty of the down town area to have a two story structure, less occupancy, and more landscaping ? I realize that the developers would like to maximize their investment, but could they not profit from a two story structure, four residences, and one commercial office structure? The height of the proposed building seems to dominate the surrounding structures, especially on the corner lot. The high density of the proposed project seems to be an overuse of the building with a commercial and resident combination. Parking in the down town area is difficult as it is at present and there is limited landscaping in the area. . · In conclusion, I am not opposed to a project with less density and less occupancy. A two story, four apartment/one commercial suite would seem both profitable to the investors and a more attractive building. Thank you. Roy Atkin Owner of 740 Oak Ave Professional Building. 1 Feb. 27, 2018 Item #7 Page 45 of 93 -z -:E 0 C z 0 (J z 0 en -C <( :E z 0 >< -en ~ w :x: U) < 1--< Cl 1--u w -, 0 0:: a. U) w b z ::m t i u H ' ii !;.i; H ; ~~ ! IE:!:: I I i ~ ; ' ' ' Ii ' ! !! ; ~~ Ii !! !,j:;i" ~~ !( ~il' B I! i! ,, ·H II ~~ l ~~ ' l i ~~ I §j i ; ,! \f'.J 'O\f8S1lN'.J l33HlS NOSIOWJ 960£ ' i I L i ; ~: i~ ,i i 8_;, ~'; ii ;? .. , ,, " ::;~ Si U! a: 5! ~~ ffi~ ..::.~ ~il' ss ii m !~ ~~ 11 ~: ~~ " H 8 iii ! ; H c w :::, z ;:: z 0 ~ ~ 1--u w ~ a. j ~ " ~.; ~ ; :8 1111~! 1~ I~ 1 II Ill Ill Iii I I !I!! 11 I 1IH1 .... ..:. Feb. 27, 2018Item #7 Page 46 of 93 §ITEPLAN NEIGHBORING PROPERTY ~~------ ' ', - --r , I ,' I , I I ',, ,,"" I ' EXISTI"G NEl<lH~ORINGOTnUCTURE / ' / ' / ' / ' / ' / ' / ' ~ ~ ~ ___ r-_i{~~?~1f;ti~~' ~ ~ ~ _l _ ------OAKAVENUE- ~-------------------------/' 1, /I I ', ;" I I ',,',,',,, ,,,'/// I ' / rns11w,1mmmoa1,.i;smucn,aE /' / ' / ' / ' / ' / ' / ' / ' ,,' £'~"''"'"'"-" ',, I ,," ', I,, ,1 ~------------------------~ tJ,NDSCAl''-l'lJ,NlE~WAll. fORSTOR .. WATERR•r•mlON DRAWlt/GSflJ,"lERWALI_ CITY OF CARLSBAD PROJECT NUMBER: CT 2017-0004 / RP 2017-0009 NOTE: FOR ADDITIONAL INFORMATION REGARDING THE SITE {GRADING, DRAINAGE, STREETS & UTILITIES, WATER, SEWER, GENERAL INFO, ETC.) SEE SHEETS T-1 AND CIVIL SHEET C-2 "TENTATIVE MAP AND PRELIMINARY GRADING PLAN." d w ~ z 0 , """""'"""'"""""'"'""='"·"''·I i I --'i __,_ I KEYNOTES SQUARE FEET CALULATIONS COMMERCIAL SPACE· INTERIORCONDlllONED:943.285.F. WFSTlfNIJ·/WPEJOOR) INTERIORCOND1i10NED:2,1J5S.F. EKTERIORDEKS:4195.F. EASiutU!2NPfl09Rl INTERIORCONDl110NED:2,267S.F. E)(TERIORDECKS:4525.F. WFSIIINIJ·llRPE!OORl l~~fuRR 'i,OE~~:~~~~~ ~:;.s 6.F. EASJUJ:,IT•(3ffOFLOOR) INTERIORCONDllJONED:2,1J7.6S.F. EXTERIOROECKS:326.225.F. WESJUNIJ·(HHflDDR) k~'i!PoRR 'boe~~,~~~~}:·11r s.F. EASTUtU'f4JHfL00R) INTERIORCDNDITIONE0:1,9055.F. EXTERJOROECKS:5466,F. STORAGE SPACE CALULATIONS UNJT2.W'(LDCAJED@UNIJ2WDECK\ 6.375'x7'x9.2SCLGHElGHTn412.78 CU.FT.PROVIDED>392CU.FT.REQUIREO. UMJJW·(MAlt,lfLOORGARAGE) 9,125'x (,208'x 10,25'CLG HEIGHTm39l.53 CU.FT.PROVIDE0>391CU.FT.REQUIREO, UMJ4W·fMAJNFLOORGARAGE! 9.125'x4.208"x1D.25'CLGHEIGHT=393.5R CU.FT.PROVIDED>J92CU.FT.REQUIRED. UNIJ2E·/MAINELDORGARAGE) 9.000'x4.208'x10.66'CLGHEIGHTm403.96 CU.FT.•8.7CU.FT.jCOLUIIIN)=395.26 CU,FT.PROVIDED>392CU.FT.REQURED. I/NIT3E·/MAfNEIOORGARAQf\ 9.125'x4.20D'x11'CLGHEIGITT=409.5T CU.fT.PROVIDED>392CU.FT.REQU:RED. UNIT4f·CMAINfl99RGAHAGE\ 9.125'x4.208'x11'CLOHEIGITT=409.5T CU.FT,•11 CU.FT.{COLUMN)~J99.67 CU.FT.PROVIOED>392CU.FT.REaUIRED. ARCHITECTURAL LEGEND (i) 0 [;] 0- <: ~ ~ .. ® "ore ~OTA"HV!Jl!OI.BSH""""AOOV• AREUSeOl•TMS5elOFORAIM"G5 --........... ~-.,,.,_.,,..,.,..,., ....... h _.,.._....,•I -:::.::·;,..;.:_~, Cl) :al: :::> z :§ 0 J-c tlJ z Cl'.<{ 0 t;;o_ (.) Z 0 z g~ 0 iS~ Cl) ~ ~ i5 ~(,) <( g :al: z 0 i?S Cl) ARCHITECTURAL SITE PLAN AC-1 Feb. 27, 2018 Item #7 Page 47 of 93 I I I I I I~ ALLEY ,., s """""" , rl" . ' / " I I I <el I I \, -r- \ j~ .. \ I "i..~lf ~I / """\.// L I ©>a -- ,1 I .: ~;~t I I .. r' t I I /~ ,~ , I ·---·~)./ / I 11 ,. ~I I I I 4· I I -1, ----11 !' : I I I I .! Feb. 27, 2018Item #7 Page 48 of 93 6000-a or &JPOOO"L r or l:J ·'1 .;L -, J l /' ! I J I ,•jl I II ! " ! :! li Feb. 27, 2018Item #7 Page 49 of 93 VJ 'OV8SllN:J .l33lcllS NOSIOWJ 960£ Sll\lnlNIII\IOONO~ NOSIO'vll\l NO XIS ~ 11111 ! !l ' I I I r I I I ~---"+---~------,Ill __J I L I • i ~l ., h u ~ I Feb. 27, 2018Item #7 Page 50 of 93 ,1n ~ Oo<MC<~ THIRD FLOOR PLAN FOURTH FLOOR PLAN CITY OF CARLSBAD PROJECT NUMBER: CT 2017-0004 / RP 2017•0009 I I """' "°" ~ I :~:;:,o,···· IGROUNDfLOOR ONLY) -e J -'l : • •• ""=''"'"== .. _ .. ---·---~ i __ ,_J I [ L I I ,i I • ' 0 -1~.~'"""" ... L __ - ------ ----_: -~-==" --- --- --,---- ------ -~---~ ·~·01/Z' ~"""'"""00" / ONL.YJ ; -. I I ' ~----------__ 1 KEYNOTES GlASSGAURDRIIILBOLOW.Tl'P ·~·"''""CY"'ITcoaRIOOIIBElOW. SQUARE FEET CALULATIONS WESil/MI·PBDEIOOBl INTERIORCONDIT10NED:2,135$.F. EXTERIORDECKS:501.75S.F. fASTUNIT·(3ROELOORl ~~~i ~~~~~~~:.~~ ~~7.6 S.F. WESTUNlf'ff[HflOOBl INTERIORCONDIT10NED:2,117S.F. EXTERIORDECKS:501S.F, FASTUNIT·(4Jl/fl00R) INTERIORCONDIT10NE0:1,9-05S.F. EXTERIOROECKS:540S.F. ARCHITECTURAL LEGEND (iJ 0 D 0- <: ~ ~ .. Z.W.&'.&'7.. - ~ .. =,·~~·.;: .... , Cl) :il:: ::> z :1iE 0 I-C lJj z O'.<( 0 I-() Cf) • (.) z 0 0 <( z Cf) 00 0 0~ Cl) ~ ~ i5 ~ () <( g :il:: z 0 ~ Cl) L ___ , __ _ I I ... ~::':~·::_ ---• ---------------•-------------• --~ . ~l""=~~;·.:::~:;;;;~·::,..~JJ .... ,.. I THIRD&FOURTH FLOOR PLANS @ A-2 Feb. 27, 2018 Item #7 Page 51 of 93 I I I < CllY OF CARLSBAD PROJECT NUMBER: CT 2017-0004 / RP 2017-0009 PER 21.46.020, ELEVATOR AND STAIRWELL "TOWER .. ALLOWED TO PROTRUDE 13~-~?~~:.:~~~~~~1~~ll6~::~~~~gl~~~~~~~:~r;s::o~~L~~:~~: REQUIRMENTS,) 1'•7" +/· PROTRUSION ABOVE EAST PROPERTY LINE HEIGHT LIMIT, TYP. TOWER DOES NOT ENCLOSE ANY AODlTIONALSQUARE FOOTAGE, TYP. ,;, b • r:_,:=--,--/~·~-__ ; __________ --·--··- 1j 0-. 1j 0~,. -~--~ I vr:=1 I ""'"'"~ J FVS.B.lYP, I I : I ~~1:,;r::~,:: V O~LY). I ;:;: I ~~I~ .. _. ""'"''"'""""'° I I I I I I '---+-""'""""''=•oo,ro ~~-c~=--c ,! c,~~~~~-'~-~~'"! ___ cc::c\~..;~-! L __ . _____ ]~------·---~ -------l-+-----------~ ROOF PLAN ~ ~~~~~~~-;\' KEYNOTES ARCHITECTURAL LEGEND 0 0 0 0- ~ (:) ~ .. ® HOTE.~OTACCSmOOL.SSH""""A!!OVE AREUSEOWWOSS1'.TO;OAA"1HCS. -·-----_.,.., ... "-·• ·.·······_,_····-""'' en :ii: ::::, z :§ 0 I-C llj z 0::<{ 0 1-(.) U) " (.) Z 0 z ~ill 0 0-' en :ii~ i5 :£ (.) <( g :ii: z 0 >< en A-3 Feb. 27, 2018 Item #7 Page 52 of 93 11111 jgil~~ lll!i KJ/lb·"'.i ~ : I ' ' I I i I ',. w: I ' . ~-I .i:-.o, I .e-.o, I 1 t,,--;la 10:,,;n,.,.saooaoiwaml .LH<>aH.sa.-..w..WII \J':J 'OV8S1};JV':J 133}:JlS NOSIOVIN 960£ SI/IJnlNII/IJOGNO:l NOSIG'vl/lJ NO XIS ~' 0 i!~ "" ~lrl i 8~1 t~ ' !;>~ti; I f ' I! ; ; j 0 ~ii~ ~Iii: ;~ II ii !I ii "' ' ., I I I I I ' ' Feb. 27, 2018Item #7 Page 53 of 93 PER 21.46.020, ELEVATOR AND STAIRWELL ''TOWER" ALLOWED TO PROTRUDE ABOVE 45'-0" HEIGHT UMITFOR INTENDED CIRCULATION PURPOSE (ALLOWS FOR 13'•l" I :11 ! I I ! -thOMQ":iE~~~~ ==I -3=J8==l~ l-46....-_...._.._ -1----1---- 1 I 1 I EAST ELEVATION CLEAR INSIDE FROM FOURTH FLOOR TO CEILING PER ELEVATOR OPERAllNG REQUIRMENTS.) 1'•r +I-PROTRUSION ABOVE EAST PROPERTY LINE HEIGHT LIMIT, TYP. OOESNOTENCLOSEANYADOITIONALSQUAREFOOTAGE,TYP. -'--------~--------- WEST ELEVATION J CllY OF CARLSBAD PROJECT NUMBER: CT 2017-0004 / RP 2017-0009 PER 21.46,020, ELEVATOR AND STAIRWELL "TOWER" ALLOWEO TO PROTRUDE ABOVE 45'-0" HEIGHT LIMIT FOR INTENDED CIRCULATION PURPOSE (ALLOWS FOR U'-3" CLEAR INSIDE FROM FOURTH FLOOR TO CEILING PER ELEVATOR OPERATING REQUIRMENTS.) 1'-r +/-PROTRUSION ABOVE EAST PROPERTY LINE HEIGHT LIMIT, TYP. OOESIIIOTEIIICLOSEANYAODITIONALSQUAREFOOTAGE,TYP. ---~ ~ -,1----f-·-FOURT]:!F~ ' i :11 0 -1-_ .....!]j!RQFLOOR ..-.. -·ff:---~ i _1 ____ _, __ SECONQF4.i~-~ UNeo,<S"-rr«M<HEfOHTAIIO\/Ee>:ISTIHC ""'""!'"~"A"GrmGRAOE)flRUllOmG EX1El!KlRPER~ITTR,PEROE0110H2t,.._OGS ___ ENTRY~¥~ ___ MN!':! F!S,'.¥l-~ _____ FOURTH.EL~ 1 ______ THIRDfL~ _____ SECONDfL~ " KEYNOTES OTREETAOOR"5S"'GHAGEO>l"'®O>I AVCNUC.SIGHTOBl'.ILLU!/lllATEDATlllGFfl. ARCHITECTURAL LEGEND 0 0 ['] 0- <: ~ ~ .. ® HOTEHOT"1.LSmBOl.SSH°""''EIO\JE AREUSLO\HWISSCToCORA"'flt.S. ;.;..~~~:..:······.,········-··-········ .. ····.·-..r., ~-·;:.."!:'::',· .: ..... Cl) :al:: :::> z :ill 0 f-c lll z 0::<( 0 f-() (I) -{.) z 0 0 <( z Wea 0 0~ Cl) ~ ~ i5 :ll () <C g :al:: z 0 l!S Cl) A-4.1 Feb. 27, 2018 Item #7 Page 54 of 93 I I" ''=Al I I ;-11 ;="s-t 1w...-, ' i' ' ~,-q, ----+ -I , , • ··. I I l I SECTION A -1----~~ -I-_ SECON,QFL5~ ~ _.....fil£1'1:!_\'~ -~Al!:!F~ CITY OF CARLSBAD PROJECT NUMBER: CT 2017-0004/ RP 2017-0009 y ? y ;• , 1 , ..§ECONOIJ,~ ~: ? i =. . : SECTION B -CAR LIFT EXHIBIT ---~ GARAGE LIFTS PIT ____ L~.~ KEYNOTES .. nrt•ATtDSfttlS<:Ott~rQIIAIO CIACUV..1IOliAADCl<IH!"'ftLl•At.,., ..... A1. oc•crnmncPC>M>tff<Xl'TtP.fY". •<Xll'fC•M•c~A111CA1.,aw,,,mr,.TV G1.,<S•"'-'-"'°""'-r""·111w.A.F,F.Wr cu•• ARCHITECTURAL LEGEND 0 0 [,] 0-- <:: ~ ~., ® >fNCITAl.1.0,,.,..!l<IUSHCWNA!IO\I• ••t~IICDl~TIHS!lET<>'Dll•"'t,IGS. -:~:::.:,.. !) [760)'3&-2~U bgiert:hltodcom -,gi,,.,,,i, ·{no·· ;'~~,: ~:::::=-· Cl) ~ ::::> z i 0 tii C w z a:'.<>: Q ti;U_ (.) Z 0 z ~~ Q O..J Cl) ~ ~ i5 gi u <( g ~ z 0 >< en " [ p R E.L. J l'iJ NA R Yl:1=-==·-···--«·-···-.. -41···· - : NOT FOR COtlSTP.UCTIOM ... J· I A 5 C .. -:::"::=·cc::-:.c:"::.-":::·"c':-:::·c.c:-::::-::::-:::."c':.-,·:."''---) ,,,...., - Feb. 27, 2018 Item #7 Page 55 of 93 V'J'OV8S1<IV'J .L33<1.LS NOSIOVJf,J 960£ Sll\lnlNIII\IOONO~ NOSIO'vl/11 NO XIS ..... I a.. ,<( 1 j: ii ,, l! il 1, ·l 111 I!, ,,, Hi Feb. 27, 2018Item #7 Page 56 of 93 'r/8 'OV8S1lN8 133~18 NOSIOWJ %0£ SllllntNIIIIIOGNO~ NOS10'9'11\1 NO XIS ~ ~ i • Feb. 27, 2018Item #7 Page 57 of 93 COVERED PARKING GARAGE ,_I,_ NO. DESCRIPTION @ -j~g~~g~ 'M~Fa.JA @ -j:g~~~g: tMfSIFCUA ~804 CALIPER COMMENTS 6"CAUPER 5"CAUPER TOREMAlN OAK AVENUE COVERED PARKING ~ PLANT LEGEND BMP-FLOW-THRU PLANTERS SMALL ACCENT SHRUBS ~=s RATIOO STRE_ETTREES S'/1'.,l ~ BOTANICALNAME COll<l,IOHIIIV,E JACARANOAMrMOSIFOLIA JACAFWlDATREE THEME TREES O LAGERSTROEMIAIIIDICASPP CIW'El,MUlESPECIES(),lllDl;WAlcSIST~ITT) ACCENT TREES 62),.,, CUPRESSUS SEMPERVIRENS '<JS) ITAU-'N CIPAESS PRESCRIPTIVE COMPLIANCE NOTES: ~QS llo\W~ SIZE QUANTllY 1, INCORPORATE COMPOST AT A RATE OF AT LEAST -4 CU. YDS. PER 1,000 SQ, FT. TO A DEPTH OF SIX INCHES INTO LANDSCAPE AREA 2. ~;~~lg~::.t11°J~!~N~rAti. sci~AifE-APTEO PLANTS THAT REQUIRE OCCASIONAL, LITTLE. OR NO SUMMER WATER (AVERAGE V.-VCO!.S PLANT FACTOR 0.3) FOR 10D:t OF THE PLANT AREA EXCLUDING EDIBLES AND AREAS USING RECYCLED WATER. ,.v,. .,~~,w~,. ••~~ ~,~~= BE APPLIED ON ALL EXPOSED SOIL \S, CREEPING OR ROOTING GROUND APPLICATIONS \\'HERE MULCH IS i:t OF THE LANDSCAPE AREA IN IERE SHALL BE NO TURF IN 5. TIJRF IS PROHIBITED IN IN PARKWAYS LESS THAN 10' WIDE. 6. AUTOMATIC IRRIGATION CONTROLLERS ARE REQUIRED AND MUST USE EVAPOlRANSPIRATION OR SOIL MOISTIJRE SENSOR DATA AND UTILIZE A RAIN SENSOR, 7. IRRIGATION CONTROLLERS SHALL BE OF A TYPE WHICH DOES NOT LOSE PROGRAMMING DATA IN THE EW:NT TiiE PRIMARY POVER SOURCE IS INTERRUPTED. ~i~i~'°}NMIE YIVCOl9 RAIi~ D LEYMUSCO/OENSATUS'CA!fVOHPllllM'Low ',;:..) Cl.>NO~PH,IICEWl!OR\'f. SYMBOL 0 FESTUCAOVINA BlUEFESCUE SHRUBS r.;-\ NANDlt-lADOMESTlCA'IIARBOUROWARF' LOW \::J HEAVENLY-OOHY™1JD 0 8) 0 0 0 • OOTAN1tALf:iAME RHAPIOLEPISltIDICA ANZIGOZANTHOSFLAVIDUS CAlLISFEMONCIT.'LITllEJOHN' DWAAFBont.EBRl!SH lANTANA'GOLDMOUND' 'ral!l'/ilm!AAO. MYRTlJSOOMMUNISCOMPACTA COlo!PACTt.fiRTI.E \\'lJCOLS MS~ PHORMIUMTENAX'ATROPURPUREUM'lOW PURPLEIIEWl'.El>U.HOf!AX QUANTITY 0 ~~~G=u~IOLACEA GROUND COVER ~ MYOPORUMPARVIFCU!RA ~PROSlllATEWOPORl/ldll'OCSP~CIHG VINES .r..Allh.r., ~~~~iii.~EIA~Mlt\lW\ST' 8, PRESSURE REGULATORS SHALL BE INSTALLED ON THE IRRIGATION SYSTEM TO ENSURE THE DYNAMIC PRESSURE OF THE SYSTEM !S WITHIN TI-!E MANUFACTURER'S RECOMMENDED PRESSURE RANGE. !I. MANUAL SHUT-OFF VALVES (SUCH AS A GATE VAf..1/E, BALL VAL'£, OR BUTIERA..Y VALVE) SHALL BE INSTALLED AS CLOSE AS POSSIBLE TO TI-!E PO!NT OF CONNECTION OF TliE WATER SUPPLY. 10. ALL IRRIGATION EMISSION DEVICES MUST MEET lHE REQUIREMENTS SET IN TliE ANSI STANDARD, ASA8E/1CC 802-2014. "LANDSCAPE IRRIGATION SPRINKLER AND EM!TIER STANDARD," ALL SPRINKLER HEADS INSTALLED IN TI-!E LANDSCAPE MUST DOCUMENT A DISlR!BUTION UNIFORMITY LOW QUARTER OF 0.65 OR HIGHER USING THE PROTOCO[. DEFINED IN ASABE/lCC 802-201-4. -1 SUBSURFACE OF 1.000 S.F. OR : INSTALLED. A A..OW SENSOR DEVICE TO MEASURE WATER APPLIED TO TI-!E LANDSCAPE TI-!AT IS INSTALLED AffiR THE PRIMARY UTILITY WATER METER NO RECYCLED WATER IS REQUIRED FOR THIS PROJECT. 13. AT TiiE TIME Of FINAL INSPECTION, TI-!E PERMIT APPLICANT MUST PROVIDE THE O'M'JER OF THE PROPERTY Will-! A CERTIFICATE OF COMPLETION, CERTIFICATE OF INSTALLATION, IRRIGATION SCHEDULE AND A SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE. LOO 5GAL. 7 VISlBn.lTY FR!A~LE NlPLANTINCiDVER30"HT, SDG&E TRANSFORMER LOCATION PER CIVIL DRAWINGS, TYP. MIN CLEAR SPACE IN FRONT OF GAS METERS '--------EXISTING CURB AND GUTTER TO REMAIN, TYP ROOTBARRIERNOlE: ~ 1. lREE ROOT BARRIERS "DEEP ROOT UB-24" SHAU. BE !NSTALlED WHERE lREES ARE PLACED WlllilN 5' OFPUBUC IMPROVEMENTS, INCWDINGWAU<S, CURBS, STREET PAVEMENT, OR 'M-IERE NEW PUBLIC IMPROVEMENIB ARE PLACED ADJACENT TOEXISTINGlREES.DONOT\mAPROOTBARRIERAROUNDROOffiAU.. MAINTENANCE NOTE: Al.LRECUIREDLANDSCAPEAREASSHAl.l.BEMAlNTAINEDBY lHEHOMEOWNER'SASSOCIATION(ffOA) •• lHELANDSCAPEAREASSHAl.l.BEMAlNTAINEDFREEOt DEBRIS AND UTTER AND ALL PLANT MATERIAL SHAU. BE MAINTAINED IN A HEALlttY, GROWING CONDITION. DISEASED OR DEAD PLANTMA"lr:ruALSHfil BE SATISFAC"l'ORILY 1REA1EDORREPLACEDPERlHECONOITlONS0F"THEPl::RMIT ~ 1.CONlRACTORTOPROVIDEPOSITIVl::DRAINAGE(2'1:GRAOElN PLANTING AREAS) AWAY FROM SJRUCTt!RES AND TERMINATING IN AN APPROVED DRAINAGE SYSTEM. (jjf OW-ll!fl!:/.;!!,"~LANTEJ! © 0 8 ffl ~ ri.......r-, SCALE IN FEET SCALE:s 3/16" s 1'-0" NORTH PRESCRIPTIVE COMPLIANCE PLANTING PLAN :~ :.__ Cl) :iii: 2 z ~ 0 f--0 w z 1i! <{ 0 f--() rJ) • (.) z 0 0 <{ Z rJJ CD _[/) 0 0-' Cl) ~ ~ -"'() 0"' <( g :iii: z 0 ~ Cl) PLANTING '''" L-1 Feb. 27, 2018 Item #7 Page 58 of 93 <l >- 1 ~ _, I <{ O'-O"REAR- YARDSETBAt I I 'i- \ l 1 1 I\ lllT\TlTHTl ~ PARKING GARAGE , ' , ~804 'I I' , / \\ 2 ,/ UNDE~GROUND CAR'l~l"T(2 D ALL LANDSCAPE IS IRRIGATED WITH SUB-SURFACE /DRIP IRRIGATION HYDROZONE WAlERUSE IRR TYPE SQUARE FT. ~ BMPZONE MED.USE DRIP IRR 195S0.FT. 8 SOlllH ZOJE LOW USE DRIP !RR. \057S0.FT. [[]][ill EAST ZONE LOW USE DRIP IRR. 77S0. FT. ~ R.O.W.ZONE MED.USE DRIP IRR. 275S0.FT. j liRIQATION TOTAL• \604 so. FT.I WATER CONSERVATION PLAN 'THE PLANT PALETJE HAS BEEN SELECTED IN IRRIGATION SYSTEM DESIGN: TI-lE SYSTEM SHALL OROER TO STRESS THE IMPORTANCE OF BE DESlGNED TO REDUCE OVERALL WATER WATER-Yr'ISE LANDSCAPING, AS Vi£U. AS REQUIRED FOR SUPPLEMENTAL IRRIGATION. A IG FLOW SENSOR, RAIN SENSOR ANO ET-BASED NTS CONTROLLER SHALL BE UTILIZED TO ACHIEVE CARLSBAD THIS GOAL 1HE DELIVERY METHOD 'MLL BE A Vil.LAGE MASlER PLAN DESIGN MANUAL AS WELL COMBINA110N Of LOW PRECIPITATION ROTOR AS CARLSBAD VIUAGE CENTER DESIGN MANUAL SPRAYS, BUBBLERS, AND DRIP IRRIGATION. / DISTRICT 1. ALL PLANTED AREAS SHALL HYOROZONES WILL BE SEPARATED BASED ON RECEIVE A LAYER OF BARK MULCH TO REDUCE PLANT REQUIREMENTS ANO SOLAR EXPOSURE. IRRIGATION ANO MAINTENANCE NEEDS. lRRIGA'TION DESIGN SHALL COMPLY W11H 1HE AB 1BB1 ANO CARLSBAD LANDSCAPE MANUAL ADA ~ OAK AVENUE NOlE: SEE SHEET l-1 FOR PRESCRIPTIVE COMPLIANCE CRITERIA FOR AOO!TIONAL INFORMATION REGARD/NG JRRJGAllDN SYSTEM FOR THIS PROJECT. IRRIGATION LEGEND -EQUIPMENT + CONTROLS SYM. I MFG. I MODEL X-CORESERIE5 DESCRIPTION Cllli!ROU.ERUSESEVAPO~RA1100DATAAND HASBATIERYBACK-Ul' SO IT'NON'TlDSED~TA. MOtllroRS\IEATliEROATAANDPRIMDESTHE ~B.46 '~~:A~~ BACKFLOW PREVENTER AND CHECK ASSEMBLY 3'-0" MIN FROM BUILDING, TYP '@ IHUIITER INFORNAllON TOlHECOOTRWfR FORWllMAL WAiE!llllQ. (I!.) IR,IJNBIRD " ., ~IR,IJNllffiD 0 IR.ulBIRD PRESSUREREOOLAroR-40P511'S1Z£ BAU.VN.Vf.(1.mESIZ£) REIIOTECONTOOI.VAl'lt&FlLTERASSDIEl.YOHIP (ORI' Si'SlEMotl:t)l"VALVi.'IUHFlLTERSTS.FmllRIP, Pf!ES9JREREQILATID40PS1 ElloTltRS o.60 ml O 12" O.C. CO'PERSIIIID ~ClOOY CCMIIACJOO TD s>(CfY I..EHGTH ):J'HXHB-XXX ISU8-SLffAtEDRIPI.JIEANDFmifGSINCUlOES FmWGS:AAl1131RD'1FmPl.1£ ~WOOIG'lltfNIRIERl!IG.INSl'Al.1.1.MSATlll'APART. ,,1,rnm<~ 3/4-'NQUJCKCOUPUNGVALVE © !HUNTER j Hf'S-FlOWSENSOR IRRIOAlllllfLOWS)NCSfNSOR STATEMENT: •1 AM FAMILIAR Yr'ITH 1HE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY Of CARLSBAD'S LANDSCAPE MANUAL ANO WATER EFFICIENT REGULATIONS. I HAVE PREPARED ll-tlS PLAN IN COMPLIANCE W!lH 'THOSE REGULATIONS ANO 'THE LANDSCAPE MANUAL ANO AGREE TO COMPLY WllH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY 'THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." ~ 11/1(112017 SIGNAnJ'RE DATE SDG&E TRANSFORMER LOCATION PER CIVIL DRAW1NGS, TYP MIN. CLEAR FLOOR SPACE IN FRONT OF TRANSFORMER, TYP ~------EXISTING CURB AND GUTTER TO REMAIN, TYP MIN. CLEAR SPACE IN FRONT OF GAS METERS rao 8 16 24 VD~ NORTH SCALE, 3/16" , 1'-o• WATER CONSERVATION PLAN ·~ -·-.. .._._,.," Cl) ::'!: :::) z i 0 I-C ll:l z 0: <( 0 1-0 Cl) • (.) z 0 0 <( z f!!el 0 0...J Cl) ~ ~ i5 ~ 0 < g :ii: z 0 >< en L-2 Feb. 27, 2018 Item #7 Page 59 of 93 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER December 20, 2017 PLANNING COMMISSION 6:00 p.m. December 20, 2017 COUNCIL CHAMBER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Rodman led the Pledge of Allegiance. ROLL CALL EXHIBIT 6 Page 1 Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery and Rodman Absent: Commissioner Siekmann STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Administrative Secretary Sarah Cluff, Senior Office Specialist Paul Dan, Associate Planner Chris Garcia, Associate Planner Kyrenne Chua, Assistant Engineer APPROVAL OF MINUTES Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of December 6, 2017. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts to approve the minutes of the Regular Meeting of December 6, 2017. VOTE: 6-0-1 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Rodman NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. Feb. 27, 2018 Item #7 Page 60 of 93 Planning Commission Minutes December 20, 2017 Page2 1. CDP 2017-0021N 2017-0004 (DEV2017-0016) -OCEAN STREET RESIDENCE - Request for approval of a Coastal Development Permit and Minor Variance to allow for demolition of an existing single-family residence and the construction of a new 3,861 square foot single-family residence with 550 square feet of garage space, and a front yard setback reduction of five feet and a rear yard setback reduction of 1'-8", within the Mello II Segment of the city's Local Coastal Program located at 2680 Ocean Street within Local Facilities Management Zone 1. The project site is within the appealable area of the California Coastal Commission. 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 15303(a) construction of a single-family residence and Section 15305(a), minor setback variances not resulting in the creation of any new parcels, of the state CEQA Guidelines. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor in routine and nature with no outstanding issues and staff is recommending approval. He recommended the public hearing be opened and closed, and that the Planning Commission proceed with a vote as consent item. If the Planning Commission or any members of the public wish to pull the items, Staff would be available to respond to any questions. Chairperson Segall asked if any members of the Planning Commission wished to pull any of the item listed. Commissioner Anderson stated she would like to hear the item since it is requesting variances on the setbacks. Chairperson Segall opened the public hearing on Agenda Item 1 and asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove by the property. Mr. Dan gave a presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson asked if the developer's dedication of 5 feet will be in addition to the proposed 15 foot setback. Mr. Dan replied no, the property would be 15 feet from the public right of way. Mr. Neu clarified that the dedication was shown on the project plans and a condition of approval regarding the dedication is proposed in the errata sheet. Chairperson Segall asked if the applicant wished to make a presentation. Seeing none, Chairperson Segall asked if any person in the audience wished to speak on the item. Seeing none, he opened and closed public testimony. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7281 approving Coastal Development Permit CDP 2017-0021 and Minor Variance V 2017- 0004 based upon the findings and subject to the conditions contained therein as amended. 6-0-1 Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Rodman None Commissioner Siekmann ABSTAIN: None Feb. 27, 2018 Item #7 Page 61 of 93 Planning Commission Minutes December 20, 2017 Page 3 Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. 2. CT 2017-0004/RP 2017-0009 (DEV2017-0069) -SIX ON MADISON -Request for a recommendation of approval of a Tentative Tract Map and Major Review Permit for the construction of a mixed-use building consisting of 943 square feet of commercial space and six residential condominium units located at the northwest corner of Madison Street and Oak Avenue in Land Use District 1 of the Village Review zone 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 2 and stated Associate Planner Chris Garcia would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove by the property. Commissioner Rodman disclosed that she often drives and runs by the property. Commissioner Montgomery disclosed that he drove by the property and understands it very well. Chairperson Segall disclosed he also drove by the property and has viewed it on Google. Mr. Garcia 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. John Beery, BG1 Architecture, Suite D, 2091 Las Palmas Drive, stated that he would be available to answer questions. Chairperson Segall asked if there were any questions for the applicant. Commissioner Montgomery inquired about elevator shafts and the roof access below the roof height. Mr. Beery replied that the elevator is slightly above the roof height with most of the mechanical equipment located down below. Commissioner Black asked if each car lift vault has drainage capability. Mr. Beery stated yes, each lower vault for the vehicles has a drain in the center that will go to a sump pump. Chairperson Segall inquired about the operations of the vehicle lift. Mr. Beery stated if the lift is in the down position and there is not a vehicle in that location, a vehicle would drive onto the upper platform for the lift. It is the reverse as if it was a lift that was tandem but above grade. Chairperson Segall asked if there will be backup generators in the event of a power outage. Mr. Beery replied that the information has not been completed with the lift company however, American Custom Lifts located in Escondido is very well known and is sure that there will be a backup system in place. Chairperson Segall asked Mr. Beery if he has had experience with lifts. Mr. Beery replied yes, he has worked on a project in Point Loma where a lift was installed for a classic car and the proposed lift is very similar. Chairperson Segall asked about the commercial use. Mr. Beery stated that they would want something that would commensurate with the community. The project applicant Mehran Saberi, 7851 Mission Center Court, San Diego, commented that they have been evaluating the uses allowed in the district and the commercial use has not yet been determined. Feb. 27, 2018 Item #7 Page 62 of 93 Planning Commission Minutes December 20, 2017 Page4 Commissioner Anderson asked if the driver would remain in the vehicle and ride the lift down to the lower level. Mr. Saberi replied no, the driver would drive onto the platform, exit the vehicle and lower the lift by pushing a button. Commissioner Anderson asked how the vehicle would be locked onto the platform. Mr. Beery provided a brochure of the Phantom Park lift to the Commission and stated that the vehicle would be secured by the parking brake. Commissioner Anderson asked if there is a limit to vehicle size that can go into the vault. Mr. Beery stated that lifts are limited to the weight, height and the length of the vehicle. Commissioner Anderson asked if a van or a suburban would fit into the vault. Mr. Beery replied yes. Chairperson Segall asked if an inebriated person would get stuck in the bottom vault. Mr. Beery replied no, the lift has two platforms and the vehicle is locked either on top or in between the two platforms. He stated that there are no open pits. Chairperson Segall asked if there will be enough room in the alley for vehicles to be queued. Mr. Beery stated that there is not enough room in the alley for vehicles to be queued and that Oak Avenue would more than likely be used. Mr. Saberi added that there would be enough space within the parking structure on site for the vehicles to be queued. Commissioner Goyarts inquired about safety during the lift operation. Mr. Beery commented that the lifts would automatically be stopped if the button that operates the lifts is no longer pushed. Commissioner Anderson asked if the lift could be operated by remote or if the driver would have to be outside of the vehicle. Mr. Beery stated that he does not think so. Chairperson Segall asked if any person in the audience wished to speak on the item and opened public testimony on Agenda Item 2. Robert Wilkinson, 2277 Cameo Road, applauds the applicant for more mixed use projects in the village, however it is a bad model for a mixed use project as ground level parking eats up the vast majority of commercial space. Mr. Wilkinson appreciates the applicant utilizing the stacked parking method hoping that the Commission would keep in mind that the village is a transit oriented neighborhood. He hopes that the new Village and Barrio Master Plan will require all new residential projects to provide an area for parking and storage for bicycles. Mr. Wilkinson appreciates the setback however, street trees is an issue needing attention on Oak Avenue. Julie Ajdour, 3537 Madison Street, stated her concerns whether the commercial space would be compatible with the neighborhood. Chairperson Segall asked if any other member of the audience wished to speak on the item. Seeing none, he closed the public testimony. Commissioner Goyarts asked where bicycles could be stored. Mr. Beery replied each unit has requirements for storage, therefore bicycles could be stored in the garage on the lower level, on the north side all along the property line. Commissioner Goyarts asked if the lower lifts could be used for storage. Mr. Beery stated he could see if someone had one vehicle and would need additional storage utilizing the lower lift. Chairperson Segall asked on behalf of Commissioner Siekmann if the applicant intends to add solar panels to the project. Mr. Beery stated no, there are no provisions at the moment for solar panels. Chairperson Segall asked if conduit would be available for future solar installation. Mr. Beery stated that it would be a requirement from the Building Division. Chairperson Segall asked if there will be capability for plugging an electric vehicle whilst on the lift. Mr. Beery stated yes, there will be stations for recharging electric vehicles on top of the platform. Commissioner Goyarts asked if the option for 220 volt outlets will be available for all six vehicle lifts. Mr. Beery replied that the requirement is not for each lift and believes that the requirement is to have one 220 volt outlet for every 10 or 11 lifts. Commissioner Anderson asked if parallel parking is on Madison Street. Mr. Garcia replied that portion is currently diagonal angled parking. Feb. 27, 2018 Item #7 Page 63 of 93 Planning Commission Minutes December 20, 2017 Page 5 Commissioner Goyarts asked what specific trees are proposed for the project. Mr. Garcia stated that there are street trees required for the project and the city's landscape consultant will review those for consistency with the plan; however, he is not certain which trees will be chosen for the area. Commissioner Rodman asked if the street trees meet the standards. Mr. Garcia replied the project is being reviewed and inspected by the city's landscape consultant. Commissioner Anderson asked if the parking lot north of the project is a bank or privately owned parking lot. Mr. Garcia replied that they are all privately owned parking lots. Chairperson Segall stated that the Commission received a letter opposing the project from Jim Greene. DISCUSSION Commissioner Goyarts can support the project. Commissioner Anderson can support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7282 recommending approval of Tentative Tract Map CT 2017-0004 and Major Review Permit RP 2017-0009 to the City Council based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 A YES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery and Commissioner Rodman NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. ELECTION OF OFFICERS -The Planning Commission will elect a Chairperson and a Vice Chairperson for 2018. Chairperson Segall nominated Commissioner Montgomery for Chairperson. The nomination was seconded by Commissioner Rodman. Chairperson Segall asked if there were any other nominations for Chairperson. There were no other nominations. The Commission voted 5-0-1 to appoint Commissioner Montgomery as Chairperson for the 2018 calendar year. Chairperson Segall asked if there were any nominations for the position of Vice Chairperson. Commissioner Montgomery nominated Commissioner Rodman for Vice Chairperson. The nomination was seconded by Chairperson Goyarts. Chairperson Segall asked if there were any other nominations for Vice Chairperson. Commissioner Anderson nominated Commissioner Black to Vice Chairperson. The motion failed without a second. The Commission voted 5-0-1 to appoint Commissioner Rodman as Vice Chairperson for the 2018 calendar year. Feb. 27, 2018 Item #7 Page 64 of 93 Planning Commission Minutes December 20, 2017 Page6 Chairperson Segall closed the public hearing on Agenda Item 3. COMMISSION COMMENTS Commissioner Anderson wished the Commission Happy Holidays. Commissioner Black acknowledged the incoming Chairperson and Vice Chairperson and wished the Commission Happy Holidays. Commissioner Goyarts wished the Commission Happy Holidays. Commissioner Rodman thanked the Commission for the vote of confidence and looks forward to serving. Commissioner Rodman wished the Commission Happy Holidays. Commissioner Montgomery appreciates the nomination and the vote of confidence. Commissioner Montgomery's first order of business is to not have a Planning Commission Meeting on January 3, 2018. Commissioner Rodman thanked Chairperson Segall for his service and great leadership. CITY PLANNER COMMENTS Mr. Neu confirmed that the January 3rd Planning Commission hearing has been cancelled. He informed the Commission that the Trails Master Plan is tentatively scheduled for January 171h as it has been delayed at the request of the Parks and Recreation Department several times. CITY ATTORNEY COMMENTS Assistant City Attorney Ron Kemp wished the Commission Happy Holidays. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of December 20, 2017 was adjourned at 7:00 p.m. ~~ DON NEU City Planner Farah Nisan Minutes Clerk Feb. 27, 2018 Item #7 Page 65 of 93 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLE~K DATE OF PUBLIC HEARING: -~Q~/ d~·· ~]~)_/~?~------- SUBJECT: 5 ~1+-Oo ffiaJ2:-0Y) LOCATION: / :;,~ ~w u,·;;CW', W< f) ~ DATE NOTICES MAILED TO PROPERTY OWNERS: ____ 8~1 ______ _ NUMBER MAILED: / /f) -~----- 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 \~hl111~ a /r2>/J,?f (Signature) SENT TO FOR PUBLICATION VIA E-MAIL TO: (Date) D Union Tribune ~Coast News PUBLICATION DATE: Union Tribune -------------- Coast News d /J J} 18: --~____,__..~+-. ~-------- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: ;9-/t 3)1 f? "':id)'\O KA /! 11/cd;___, (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments Feb. 27, 2018 Item #7 Page 66 of 93 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 27, 2018, to consider approval of a Tentative Tract Map and Major Review Permit for the construction of a mixed-use building consisting of 943 square feet of commercial space and six residential condominium units located at the northwest corner of Madison Street and Oak Avenue in Land Use District 1 of the Village Review zone and within Local Facilities Management Zone 1 and more particularly described as: All of Lots 31 and 32 in Block 39, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, recorded in the office of the County Recorder of San Diego County, May 2, 1888; Together with that portion of Oak Avenue, adjoining Lot 32 as vacated on September 17, 1985 by Resolution No. 8181 of the City Council of the City of Carlsbad Whereas, on December 20, 2017 the City of Carlsbad Planning Commission voted 6-0-1 (Siekmann absent) to recommend approval of a Tentative Tract Map and Major Review Permit for the construction of a mixed-use building consisting of 943 square feet of commercial space and six residential condominium units located at the northwest corner of Madison Street and Oak Avenue in Land Use District 1 of the Village Review zone 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 22, 2018. If you have any questions, please contact Chris Garcia in the Planning Division at (760) 602-4622 or chris.garcia@carlsabdca.gov. The time within which you may judicially challenge this Tentative Tract Map and/or Major Review Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and/or Major Review Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. 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BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STEllO 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 .. Sens de _. __________ ..... Repliez a la hachure afin de r€!veler le rehnrd Pnn-unMc \~\ AVERY® s1Go® li ~ .! 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 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STEllO 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 www.avery.com 1-ROO-c.;O-A \/FRY ' Feb. 27, 2018 Item #7 Page 72 of 93 Six on Madison CT 2017-0004/RP 2017-0009 Feb. 27, 2018 Item #7 Page 73 of 93 Location Map Feb. 27, 2018 Item #7 Page 74 of 93 Feb. 27, 2018 Item #7 Page 75 of 93 Project Information •Land Use District 1 –Carlsbad Village Center •Mixed Use: Residential/Commercial •Six Residential Condominiums (31.6 du/ac) •943 square foot Ground Floor Commercial Space •Four Stories Feb. 27, 2018 Item #7 Page 76 of 93 Site Plan ---....... \ \ 2 .,. ••• , .. ,o,.., "-"'I.FTQ """'' fNCI.OHIJ) NEIGHBORING STRUCTURE 3 Uk0£RGflOI.INO c:NtLFTl2 """" t:HC:L.OUD) I I \ \ ,------,· \ \ 4 u-«)EMIIOUHO CNtUFT(2 .. .., .. ~LOSl!D) I\ I I 5 6 -CJ.RLFTC2 ,_,., ENClOSl:DI I NEIGHBORING STRUCTURE COMMERCIAL SPACE Feb. 27, 2018 Item #7 Page 77 of 93 Elevation – Madison ~--I Feb. 27, 2018 Item #7 Page 78 of 93 Elevation – Oak Feb. 27, 2018 Item #7 Page 79 of 93 Elevation – Alley Feb. 27, 2018 Item #7 Page 80 of 93 Elevation –North/Interior I I I Feb. 27, 2018 Item #7 Page 81 of 93 Land Use •Increase presence of both residents and activity in the village with development containing a variety of uses to serve residents and visitors; •Establish the Village as a quality shopping, working and living environment; and •Provide new residential development near mass transit. Feb. 27, 2018 Item #7 Page 82 of 93 Development Standards Complies with the development standards of Land Use District 1, including but not limited to: •Setbacks: 10’ average front setback (Madison Street) for all floors above the first at-grade floor •Lot Coverage: 100% allowed/proposed •Building Height: 45’/47’ for highest projection for elevator/stairway tower •Roof Pitch: No requirement. Flat roof proposed. Feb. 27, 2018 Item #7 Page 83 of 93 Parking •17 total parking spaces are required •13 total parking spaces provided on-site –Condos = 6 units = 12 parking spaces •6 car lifts provided –Accessible parking = 1 parking space –Retail = 943 square feet = 4 parking spaces •Request to pay in-lieu parking fees Feb. 27, 2018 Item #7 Page 84 of 93 Village Design Principles Informal character: •District 1 allows high density development at 45’. •Provides articulation by stepping back upper floors from Madison. Top roofline scaled back. •Architectural relief and balconies help break up massing. Feb. 27, 2018 Item #7 Page 85 of 93 Village Design Principles, continued Variety & diversity / relationship to the street: •Windows, balconies, and landscaped frontage improvements •Variety of materials including smooth stucco, textured concrete tile, wood stained siding, bronze finished window frames, and a front tower element •Parking visually subordinated: –Parking provided in an enclosed parking garage accessed from the alley Feb. 27, 2018 Item #7 Page 86 of 93 Rendering –SW Corner Feb. 27, 2018 Item #7 Page 87 of 93 Rendering –SE Corner Feb. 27, 2018 Item #7 Page 88 of 93 Rendering -Night Feb. 27, 2018 Item #7 Page 89 of 93 Recommendation That the City Council ADOPT the resolution APPROVING Tentative Tract Map CT 2017-0004 and Major Review Permit RP 2017-0009 based on the findings and subject to the conditions contained therein. Feb. 27, 2018 Item #7 Page 90 of 93 Looking West –Oak Avenue Feb. 27, 2018 Item #7 Page 91 of 93 Madison Frontage Feb. 27, 2018 Item #7 Page 92 of 93 Looking East –Across Madison Feb. 27, 2018 Item #7 Page 93 of 93