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Home My WebLink About2018-04-24; City Council; ; Approve a resolution reflecting the action of the City Council on March 27, 2018, denying a Major Review Permit and Coastal Development Permit for 1) the removal of an exCA Review EK ~ CITY COUNCIL ~ Staff Report Meeting Dat e: To: From: Staff Contact: Subject: Project Name: Project No.: April 24, 2018 Mayor and City Council Kevin Crawford, City Manager Shannon Harker, Associate Planner shannon.harker@carlsbadca.gov or 760-602-4621 Approve a resolution reflecting the action of the City Council on March 27, 2018, denying a Major Review Permit and Coastal Development Permit for 1) the removal of an existing retail use; 2) the construction of a 25,253-square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five residential apartments located at 2995 State Street; and 3) a request to participate in the Parking In-Lieu Fee Program. Carlsbad Village Center RP 16-13/CDP 16-35 (DEV16040) Recommended Action That the City Council adopt a resolution reflecting the 2-1-2 vote on March 27, 2018, to deny a Major Review Permit and Coastal Development Permit for 1) the removal of an existing retail use; 2) the construction of a 25,253-square foot, four-story, mixed-use building consisting of a subterranean parking garage, ground floor retail, commercial office space and five residential apartments located at 2995 State Street; and 3) a request to participate in the Parking In-Lieu Fee Program. Discussion The Carlsbad Village Center project was originally considered by the City Council on February 13, 2018. No action was taken due to a tie vote (Blackburn, C. Schumacher-No; Hall-absent). The applicant was provided the opportunity to revise the project and return to the City Council for reconsideration of the project on March 27, 2018. On March 27, 2018, the applicant presented a revised project to the City Council. Several speakers addressed the City Council; a majority were opposed to the project. Those in opposition were concerned about the mass, scale and height of the building, as well as the project's negative impact on the character of the Village. Council Member C. Schumacher indicated she could not find the project consistent with the Village Master Plan as it was incompatible with existing adjacent development that is predominantly one-and two-story commercial buildings. Council Member Blackburn also could not find the project consistent with the Village Master Plan due to the mass and scale of the building and lack of compatibility with the surrounding development. Considering the public testimony, the City Council voted 2- 1-2 to deny the project (C. Schumacher and Blackburn-Yes; Packard-No; Hall and M. Schumacher-absent). April 24, 2018 Item #7 Page 1 of 6 Staff was directed to prepare a resolution reflecting the denial to be considered on the consent calendar at a future meeting to affirm that the resolution accurately reflects the City Council's decision. The resolution is attached, and includes revised findings for denial. Fiscal Analysis There are no anticipated fiscal impacts to the city resulting from the denial ofthe project. Next Steps The City Council's action on this item is final. Environmental Evaluation (CEQA) Pursuant to CEQA Guidelines §15270(a), CEQA does not apply to projects which a public agency rejects or disapproves. Exhibit 1. City Council Resolution April 24, 2018 Item #7 Page 2 of 6 RESOLUTION NO. 2018-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT FOR 1} THE REMOVAL OF AN EXISTING RETAIL USE; AND 2) THE CONSTRUCTION OF A 25,631 SQUARE FOOT, FOUR-STORY, MIXED-USE BUILDING CONSISTING OF A SUBTERRANEAN PARKING GARAGE, GROUND FLOOR RETAIL, COMMERCIAL OFFICE SPACE AND FIVE (5) RESIDENTIAL APARTMENTS LOCATED AT 2995 STATE STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE CENTER CASE NO.: RP 16-13/CDP 16-35 (DEV16040) 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 6, 2017, hold a duly noticed public hearing as prescribed by law to consider Major Review Permit No. RP 16-13 and Coastal Development Permit No. 16-35, as referenced in Planning Commission Resolution No. 7276; and the Planning Commission adopted Planning Commission Resolution No. 7276 recommending to the City Council that it be approved; and WHEREAS, on February 13, 2018, no action was taken by the City Council on said Major Review Permit and Coastal Development Permit due to a tie vote; and WHEREAS, to resolve the tie vote and provide the applicant with an opportunity to revise the project and return to the City Council for reconsideration, the City Council continued the public hearing to March 27, 2018; and WHEREAS the City Council of the City of Carlsbad held a continued public hearing on March 27, 2018, to consider revisions to said Major Review Permit and Coastal Development Permit; and WHEREAS, at said continued public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, and considering all factors relating to the project, the City Council voted 2-1-2 and denied Major Review Permit No. RP 16-13 and Coastal Development Permit No. 16-35 (C. Schumacher and Blackburn-Yes; Packard-No; Hall and M. Schumacher absent). 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. April 24, 2018 Item #7 Page 3 of 6 2. That Major Review Permit No. 16-13 and Coastal Development Permit No. 16-35 are hereby denied subject to the findings of the City Council contained herein. 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. Findings: Major Review Permit, RP 16-13 1. That the mixed-use project does not conform with the Village Master Plan and Design Manual, in that the proposed four-story mixed-use development is incompatible with the surrounding one-and two-story commercial buildings. Specifically, the design of the building is not sufficiently broken down into smaller units with separations between structures or building recesses to reduce the mass and scale. In addition, the building setbacks do not maintain the small-scale character of the adjacent one-and two-story commercial development on State Street. 2. That pursuant to Section 15270{a) of the California Environmental Quality Act (CEQA), CEQA does not apply to projects which a public agency rejects or disapproves. April 24, 2018 Item #7 Page 4 of 6 "NOTICE TO APPLICANT" 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. April 24, 2018 Item #7 Page 5 of 6 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of April 2018, by the following vote, to wit: AYES: K. Blackburn, C. Schumacher. NOES: M. Packard. ABSTAIN: ABSENT: M. Schumacher. M. Hall. (SEAL) April 24, 2018 Item #7 Page 6 of 6