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HomeMy WebLinkAbout2014-06-03; City Council; 21621; State Street Townhomes CT 1305/RP 13-15CITY OF CARLSBAD - AGENDA BILL 14 AB# 21.621 STATE STREET TOWNHOMES CT 13-05/RP 13-15 DEPT. DIRECTOR MTG. 6/3/14 STATE STREET TOWNHOMES CT 13-05/RP 13-15 CITY ATTORNEY PT DEPT. CED STATE STREET TOWNHOMES CT 13-05/RP 13-15 CITY MANAGER rh RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2014-116 . APPROVING Tentative Tract Map No. CT 13-05 and Major Review Permit No. RP 13-15 to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054-19, -20, -21, - 22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in Land Use District 4 of the Village Review zone and within Local Facilities Management Zone 1 as recommended by the Planning Commission. ITEM EXPUNATION: Project Application(s) Administrative Approvals Planning Commission City Council CT 13-05 RA X RP 13-15 RA X RA = Recommended Approval = Final City decision-making authority ^ = requires Coastal Commission approval On May 7, 2014, the Planning Commission recommended approval (4-2-0, Scully and Anderson opposed; one seat vacant) of Tentative Tract Map No. CT 13-05 and Major Review Permit No. RP 13-15 to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155- 200-07, 203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street and within Land Use District 4, Residential Support Area, ofthe Village Master Plan. Discussion at the Planning Commission was primarily focused on the adequacy of parking, including the number of parking spaces on-site and the reduced dimension for the proposed single-car garages for the inclusionary units; the proposed contemporary design; resident security at the pedestrian access point adjacent to the alley; and the types of uses which are allowed within the proposed live/work DEPARTMENT CONTACT: Shannon Werneke 760-602-4621 shannon.wernekePcarlsbadca.gov FOR CITY CLERKS USE ONLY. COU NCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Poge2 units, each of which are designed to allow for a ground floor home office. Staff indicated that, in addition to the use ofthe space as a home office, the "work" space of each live/work unit is currently limited to the definition pursuant to the Village Master Plan, which is focused on artistic professions such as graphic design, photography and the creation or assembly of art. The Planning Commission generally agreed that this definition was too restrictive and should be expanded to allow for professional uses such as an architect, accountant or an attorney's office, each of which would have occasional walk-in clientele. Mr. Peter Lauener, president of Intracorp, Inc., provided a brief presentation and indicated that he would be amenable to the addition of a pedestrian access gate at the alley. He further indicated that he was supportive of allowing professional offices at the ground floor ofthe live/work units, but recognized that the Village Master Plan currently limited the types of uses. Mr. Jan Erik Jansson, owner of the adjacent property to the north, spoke in opposition of the project as he felt that going below the minimum density and not allowing for traditional mixed use was a missed opportunity. The Planning Commission ultimately voted 4-2 (Scully and Anderson voted No) to approve the project with the condition that a pedestrian security gate be provided at the alley. The Planning Commission resolution has been revised to add this condition. Commissioners Scully and Anderson indicated that they could not support the project due to concerns with respect to parking and the limitation of the uses for the live/work units. In addition, while not included in the overall motion, the Planning Commission recommended that the current definition of live/work units in the Village Master Plan be strongly reconsidered to allow for a greater variety of professional office uses as a part of the Village Master Plan Update, which is currently underway. The approving resolution, along with the Planning Commission staff report and the draft minutes of the May 7th Planning Commission meeting are attached for the Council's review. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer. No fiscal impacts to the city have been identified. ENVIRONMENTAL IMPACT: The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the Village Master Plan as well as the General Plan, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval ofthe project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project is exempt from further environmental documentation pursuant to Section 15332 of the State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. EXHIBITS: 1. City Council Resolution No. 2014-116(CT 13-05/RP 13-15) 2. Planning Commission Resolution No. 7048 3. Planning Commission Staff Report dated May 7, 2014 4. Planning Commission Minutes dated May 7, 2014. 1 RESOLUTION NO. 2014-116 ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. CT 13-05 AND MAJOR REVIEW PERMIT NO. RP 13-15 TO 1) ALLOW FOR THE 4 DEMOLITION OF ALL OF THE STRUCTURES LOCATED AT 2531 TO 2601 STATE STREET (APNS 155-200-07, 203-054-19, -20, -21, -22); 5 2) TO ALLOW FOR THE CONSTRUCTION OF 47 TWO AND THREE- ^ STORY AIR SPACE TOWNHOMES, INCLUDING 41 LIVE/WORK UNITS AND SIX (6) INCLUSIONARY UNITS; AND 3) TO ALLOW FOR 7 A DEVELOPMENT STANDARDS MODIFICATION PURSUANT TO THE VILLAGE MASTER PLAN FOR REDUCED DIMENSIONS FOR THE 8 SINGLE-CAR GARAGES (11' X 19' INSTEAD OF 12' X 20') ON A 1.89- ^ ACRE SITE WHICH COMPRISES FIVE PROPERTIES ADDRESSED AS 2531 TO 2601 STATE STREET IN LAND USE DISTRICT 4 OF THE 10 VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 11 CASE NAME: STATE STREET TOWNHOMES CASE NO.: CT 13-05/RP 13-15 12 13 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on May 7, 2014, hold a duly noticed public hearing as prescribed by law to 17 consider Tentative Tract Map CT 13-05 and Major Review Permit RP 13-15 and adopted 18 Planning Commission Resolution No. 7048, recommending approval of Tentative Tract Map CT 13-05 and Major Review Permit RP 13-15; and 20 WHEREAS, as a result of an environmental review of the subject project 21 conducted pursuant to the Guidelines for Implementation of the California Environmental 23 Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was 24 found to be categorically exempt from the requirement for preparation of environmental 25 documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development 26 project on a site of less than five acres in an urbanized area that has no habitat value and is 27 served by adequate facilities. 28 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California as follows: 27 28 1. That the above recitations are true and correct. 2. That Tentative Tract Map CT 13-05 and Major Review Permit RP 13-15 are approved and that the findings and conditions of the Planning Commission contained in ^ Resolution No. 7048 on file in the City Clerk's office and incorporated herein by reference are the findings and conditions ofthe City Council 7 3. That this action is final the date this resolution is adopted by the City 8 Council. The provision of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicia Review" shall apply 9 10 "NOTICE TO APPLICANT" 11 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 j3 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 14 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, 17 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. 18 /// 19 20 21 22 23 24 /// /// /// /// /// 25 /// 26 /// -2- 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 3"^ day of June, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: ^^ARPIARA ENGLESCM^K City Clerk PLANNING COMMISSION RESOLUTION NO. 7048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND A MAJOR REVIEW PERMIT TO 1) ALLOW FOR THE DEMOLITION OF ALL OF THE STRUCTURES LOCATED AT 2531 TO 2601 STATE STREET (APNS 155-200-07, 203-054-19, -20, -21, -22); 2) TO ALLOW FOR THE CONSTRUCTION OF 47 TWO AND THREE-STORY AIR SPACE TOWNHOMES, INCLUDING 41 LIVE/WORK UNITS AND SIX (6) INCLUSIONARY UNITS; AND 3) TO ALLOW FOR A DEVELOPMENT STANDARDS MODIFICATION PURSUANT TO THE VILLAGE MASTER PLAN FOR REDUCED DIMENSIONS FOR THE SINGLE-CAR GARAGES (11' X 19' INSTEAD OF 12' X 20') ON A 1.89-ACRE SITE WHICH COMPRISES FIVE PROPERTIES ADDRESSED AS 2531 TO 2601 STATE STREET IN DISTRICT 4 OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: STATE STREET TOWNHOMES CASE NO.: CT 13-05/RP 13-1.S WHEREAS, Intracorp Companies, "Applicant/Developer" and CBSS, LLC, a Washington limited liability company, as to Parcels A, B, & C; and Howard C. Kornberg and Iris K. Kornberg, Trustees of The Kornberg Family Trust, as to Parcel D, "Owners," has filed a verified application with the City ofCarlsbad regarding properties described as: PARCEL A: APN 203-054-22 LOTS 16 AND 17 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. PARCEL B: APN 203-054-21 LOT 15 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. PARCEL C: APN 155-200-07 THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. PARCEL D: APN 203-054-19 & 20 1 „ LOTS 12, 13 AND 14, SEASIDE LANDS, IN THE CITY OF CARLSBAD, 2 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER 3 OF SAN DIEGO COUNTY, JULY 28,1921. 4 ("the Property"); and 5 6 7 8 9 10 11 12 13 14 15 16 YJ A) That the foregoing recitations are true and correct. 22 23 24 WHEREAS, said verified application constitutes a request for a Tentative Tract Map and a Major Review Permit as shown on Exhibits "A-PP", dated May 7, 2014, on file in the Planning Division, STATE STREET TOWNHOMES - CT 13-05/RP 13-15, as provided by Title 20 and Chapter 21.35 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 7, 2014, 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 all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Major Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 18 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of STATE STREET TOWNHOMES - CT 13-05/RP 13-15 19 based on the following findings and subject to the following conditions: 20 Findings: 21 Tentative Tract Map, CT 13-05 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements ofthe 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 47 airspace condominiums subdivision satisfies all minimum requirements of 25 Titles 20 and 21 with respect to public facilities, access and parking. A Standards Modification is required to reduce the size of the proposed single-car garages. The findings for approval td 25 support this modification can be made. 27 2. That the proposed project is compatible with the surrounding future land uses since the surrounding properties are developed, are currently designated as Village (V) in the General 28 PC RESO NO. 7048 1 „ Plan and are located in Land Use District 4, Residential Support Area, of the Village Master 2 Plan. The subject property, comprising a total of five (5) legal parcels, is bordered by office uses to the north, an auto repair shop to the south, a mixture of residential, office and light 3 industrial uses to east, and the North County Transit District storage yard, public alley and a public parking lot to the west. Pursuant to the Land Use District 4 ofthe Village Master Plan, 4 the intent is to provide for a mix of higher quality commercial and residential uses which will provide positive support for District 1, Village Center, and reinforce the Village Area north of ^ Beech Street as a quality residential neighborhood. 6 7 3. 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 g density range of 28 to 35 dwelling units per acre. Based on a lot size (net/gross) of 1.89 acres, the proposed 47-unit condominium project has a density of 24.86 dwelling units per acre, 9 Pursuant to the Village Master Plan, a project which proposes a density which is below the minimum density can be supported if two findings can be made. As discussed below, the 10 findings for approval can be supported, 11 4. 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 12 access through or use of property within the proposed subdivision, in that the developer has delineated and preserved on the parcel map, all existing easements of record 13 14 16 17 18 19 That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. 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 the proposed residential units have an east-west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 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 project is required to provide a total of seven (7) inclusionary units. Specifically, the applicant 20 proposes to designate six (6) of the 47 residential units as inclusionary units and to purchase one (1) housing credit. The six (6) onsite units are required to be sold at a price which is 21 affordable to low income households at 80% pf the San Diego County Area Median Income. In addition, the project has been conditioned to require the approval of an Affordable Housing 22 Agreement prior to recordation of the final map. 23 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, 24 in that the project site has been previously developed and, therefore, does not impact any fish, wildlife or habitat. 25 9. That the discharge of waste from the subdivision will not result in violation of existing California 26 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 27 with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. TO PC RESO NO. 7048 -3- 1 „ 10. That the street systems serving the proposed use is adequate to properly handle all traffic 2 generated by the proposed use, in that primary access to the site will be provided by two private driveways off of State Street and one private driveway off of the public alley to the 3 west. The five existing properties are developed with a mixture of light industrial and office uses and currently generate a total of 557 Average Daily Trips (ADTs). The proposed project 4 includes the demolition of all structures located on-site and the development of 47 air space condominiums, which generate 282 ADTs. Therefore, a net decrease of 275 ADTs is proposed. In addition, the proposed project would not result in any significant capacity-related impacts to any road segments or intersections. 10 15 16 18 25 26 27 28 Major Review Permit, RP 13-15 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, Village Review Zone, and the Village Master Plan and g Design Manual, based on the facts set forth in the staff report dated May 7, 2014, including, but not limited to the following: a. Land Use. The proposed project, which includes the demolition of existing 11 commercial and office buildings located at 2531 to 2601 State Street and the construction of 47 new townhomes, will enhance the vitality of the Village, 12 specifically Land Use District 4 (Residential Support Area), by providing new residential land uses in close proximity to the downtown core area as well as the train 13 station. The project reinforces the pedestrian-orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Further, the proposed project contributes towards the overall goal of creating a quality residential neighborhood north of Beech Street in that older commercial land uses are proposed to be removed and replaced with 47 high-quality townhomes which exhibit a Contemporary Seaside architectural design. Overall, the residential project will contribute towards the revitalization of the Village area. 19 b. Circulation. State Street as well as the public alley can accommodate the estimated average daily trips (ADTs) as the proposed project generates 275 less ADTs than the 20 of existing land uses. In addition, all required public right-of-way has been, or will be dedicated and improved to serve the development. The circulation has been 21 designed in relationship to the proposed residential land use and available parking. Public facilities will be constructed to serve the proposed project. Further, the project 22 has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are 23 transported within storm drainage facilities. 24 c. Housing. The proposed project is consistent with the Housing Element of the General Plan and the City's Inclusionary Housing Ordinance, in that the proposed project includes the construction of six (6) inclusionary units on-site which will be required to be sold at a low income level (80% ofthe San Diego County Area Median Income). In addition, the applicant proposes to purchase one housing credit to fully satisfy the inclusionary requirement to provide a total of seven (7) income-restricted units. On March 17, 2014, the City's Housing Policy Team recommended approval of the above- PC RESO NO. 7048 noted proposal. The provision for inclusionary housing will contribute towards 2 achieving the city's Regional Housing Needs. The project has been accordingly- conditioned to require the approval of an Affordable Housing Agreement prior to 3 recordation of the final map. 4 d. Noise. - The project site is primarily impacted by noise from the train which is located approximately % mile the west of the project site. The proposed project Is consistent 5 with the Noise Element of the General Plan in that noise walls to attenuate the exterior noise levels to less than 60 dbA have been incorporated into the project design and the minimum required STC rating to comply with the interior noise threshold of 45 dbA is noted on the project plans. e Land Use District 4 Standards. With the exception to the parking dimensions for the single-car garages (11' wide x 19' deep instead of 12' wide x 20' deep) and the g combined height of the sound/retaining walls (7.5' proposed instead of 6'), the proposed project has been designed to comply with all other requirements pursuant 10 *° "-and Use District 4 of the Village Master Plan, including setbacks, open space, building height, lot coverage, and parking. Findings for these deviations can be 11 supported and are included below. In addition, the provisional use findings for the live/work units can be supported. 12 12. Although the project's density (24.86 du/ac) is below the minimum density as established 13 pursuant to the Village Master Plan (28 du/ac), it is consistent with the General Plan and Village Master Plan in that the following findings can be made: 14 a. That the reduction is consistent with the adopted General Plan, including the Housing 15 Element in that the project site is constrained by an existing 20-foot-wide public storm drain easement which bisects the site and significantly impacts the project design and/ therefore, the ability to construct additional units. In addition, the parking requirements limit the number of units which can be constructed (i.e., two spaces per unit, one of which must be covered). Further, the proposed project includes the construction of six (6) inclusionary units on-site which will be required to be sold at a low income level (80% of the San Diego County Area Median Income). The applicant also proposes to purchase one housing credit to fully satisfy the inclusionary requirement to provide a total of seven (7) income-restricted units. On March 17, 20 2014, the City's Housing Policy Team recommended approval of the above-noted proposal, including the reduced density. The provision for inclusionary housing will 21 contribute towards achieving the city's Regional Housing Needs. The project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement 22 prior to recordation of the final map. In addition, the project is consistent with the remaining elements ofthe General Plan, including land use, noise and circulation. 23 b. That the remaining sites identified in the Housing Element are adequate td accommodate the city's share of the regional housing needs pursuant to Government Code Section 65584 in that the proposed project has provided the requisite 15% inclusionary housing (7 low income inclusionary units). In addition, pursuant to the Housing Element (2013-2021), there are numerous underutilized properties in the Village Master Plan area as it relates to the provision for lower and moderate income housing. Therefore, the remaining sites are adequate to accommodate the city's share ofthe regional housing needs pursuant to Government Code Section 65584. 17 18 19 25 26 27 28 PC RESO NO. 7048 -5- 1 2 11 13 14 15 Combination Retaining/Noise Wall Pursuant to the Village Master Plan, to exceed the wall height of six (6) feet, the following findings shall 3 be made: 4 13. That the purpose for the additional wall height is to enhance adjacent neighbor privacy and/or to provide for noise attenuation in that the combined noise attenuation and retaining wall are proposed at a maximum height of 7.5 feet where 6 feet is maximum height pursuant to Land Use District 4 of the Village Master Plan. The proposed 7.5-foot-tall wall is required to attenuate noise generated by the railway to the west and to allow for the site to properly drain to the west. The height has been minimized to the maximum extent feasible and the project will be conditioned to require a decorative finish which complements the design of g the residential units, including pilasters and a decorative cap. 9 14. That the additional height is requested by the adjacent neighbor and/or determined by the decision-making body to be in the best interest of the adjacent neighbor in that the proposed 10 wall will provide additional privacy between the properties and is, therefore, in the best interest of the adjacent neighbor. 15. That the wall is attractively designed and/or decorated in that the project is conditioned to 12 require a decorative finish which complements the design of the residential units, including pilasters and a decorative cap. Parking Dimensions Modification, Single-Car Garage 16. Pursuant to the Village Master Plan, modifications to the development standards, including parking, may be permitted in all land use districts of the Village Area for developments where the applicant can provide acceptable evidence that a requested modification is necessary to provide affordable housing to low and or moderate income households. As the proposed YJ reduction in the dimensions of the proposed single-car garages from 12' wide x 20' deep td 11' wide x 19' deep are directly associated with the proposed low-income inclusionary units, Ig the finding can be supported. 29 Live/Work Units, Provisional Use Findings 2Q 17. The Live/Work Studio Use is compatible with adjacent development in that a mix of land uses are located in close proximity to the proposed project, including residential, office, and light 21 industrial uses. As "work" area will predominantly be used as a home office, no land use compatibility issues are anticipated. 22 18. Adequate parking is available for tenants and anticipated visitors in that the "work" area of 23 each unit is anticipated to be used as a home office; therefore, very little public traffic is anticipated. The project is adequately parked pursuant to the residential parking 24 requirements. On-street parking is available on State Street and a large public parking lot is located immediately west of the project site. 25 19. Dwelling units will enjoy a residential environment of comparable quality to other standard 26 units in the Village in that the "work" area is located on the first of three floors and is, therefore, sufficiently separated from the primary residential living area. In addition, as the 27 "work" area is intended to be utilized as a home office, issues related to noise or other environmental factors are not anticipated. PC RESO NO. 7048 -6- 6 City Council Policy No. 43, Allocation for Excess Dwelling Units 20. That the City's Housing Policy Team recommended approval of the request for an allocation of 47 units from the EDUB on March 17, 2014. 21. That pursuant to CMC Chapter 21.85, a minimum of 15% of all proposed ownership units in any residential project are required to be restricted to lower income households. The proposal to construct 47 airspace townhomes requires a total of 7 inclusionary units. The applicant proposes to construct six (6) Inclusionary units onsite and has requested to purchase one housing credit for the remaining unit. In addition, an Affordable Housing Agreement will be recorded prior to recordation of the final map. g 22. 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 9 adjacent residential land uses and anticipated uses in that Land Use District 4 of the Village Master Plan is intended to provide for a gradual transition to a mix of higher quality 10 commercial and residential uses which will provide positive support for the core of the Village and to reinforce the Village area north of Beech Street as a quality residential neighborhood. 11 23. That the project location and density are in accordance with the applicable provisions of the ^2 General Plan and any other applicable planning document, in that the minimum density for properties outside of the coastal zone in the Village Master Plan is 28 dwelling units per acre. With a net acreage of 1.89 acres, the proposed project has a density of 24.86 dwelling units per acre and, therefore, falls below the minimum density of 28 du/ac. The findings to go below the minimum density can be supported since the project site is constrained by an existing 20-foot-wide public storm drain easement which bisects the site and significantly impacts the project design and, therefore, the ability to construct additional units. In 15 addition, the parking requirements limit the number of units which can be constructed (i.e., two spaces per unit, one of which must be covered). The proposed project is consistent with 17 °f "-and Use District 4 of the Village Master Plan and will contribute towards the overall revitalization ofthe Village Area. 18 24. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest 19 quadrant to remove 47 units. Per the city's Quadrant Dwelling Unit Report (dated February 28, 2014), 3,136 units remain available for allocation in the northwest quadrant. California Environmental Quality Act: 25. 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 preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. 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. General 13 14 15 20 21 22 23 24 25 26 26. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 27 Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all 28 PC RESO NO. 7048 -7- 27. 28. facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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 ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation ofthe Final Map. 1. 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. 2. 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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 PC RESO NO. 7048 -8- 1., 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 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 3 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 4 (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. 6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the g Tentative Map and Site Plan reflecting the conditions approved by the final decision-making body. 10 11 12 13 14 16 18 19 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. 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. 9. 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. 10. 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. 11. 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 20 continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 21 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 22 License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code 23 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 24 permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 25 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan 26 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 2^ Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 28 PC RESO NO. 7048 -9- 1,. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape 2 plancheck process on file in the Planning Division and accompanied by the project's building; improvement, and grading plans 3 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and 4 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 Director of the 5 Community and Economic Department. ^ 16. 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, g notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Major Review Permit by Resolution No. 7048 on the property. Said g 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 10 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 11 showing of good cause by the Developer or successor in interest 12 17. 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 ofthe 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: 13 14 15 16 a- General Enforcement bv the Citv. 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 YJ which the City has an interest. 18 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 19 disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 20 c- Failure of Association to Maintain Common Area Lots and Easements. In the event that 21 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 25 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 26 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 27 Owners as provided herein. 22 23 24 28 PC RESO NO. 7048 -10- 6 7 1 .. Special Assessments Levied bv the Citv. In the event the City has performed the 2 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 3 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, 4 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 5 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 g from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies g 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 10 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 11 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 12 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 13 Article of this Declaration. 14 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit, 16 f. Commercial signage and storefront displays are prohibited for the live/work units. 18. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such Ig rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 19 19. Prior to recordation of the final map, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation 20 Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). 21 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so 22 required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner an Outdoor Storage Plan, and thereafter comply with the approved plan. 24 25 22. Developer shall construct, install, and stripe not less than 9 parking spaces, including one van 25 accessible parking space, as shown on Exhibits "A - PP." 27 PC RESO NO. 7048 -11- 21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction ofthe City Planner. 1., 23. Prior to the recordation of the final map for any phase of this project, or where a map is not 2 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict six 3 (6) inclusionary dwelling units on proposed Parcel 1 of CT 13-05 and purchase one (1) housing credit. Specifically, six (6) condominiums shall be sold at a price affordable to low income 4 households at 80% of the San Diego County Area Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. 5 The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be ^ binding on all future owners and successors in interest. ^ 24. Developer shall construct the required six (6) inclusionary units and purchase the one (1) g inclusionary housing credit concurrent with the project's remaining 41 market-rate units, unless both the final decision-making authority of the City and the Developer agree within an g Affordable Housing Agreement to an alternate schedule for development. 2Q 25. Prior to occupancy of the first dwelling unit and to the satisfaction of the City Planner, the Developer shall provide all required passive and active recreational areas per the approved 11 plans, including landscaping and recreational facilities identified on Exhibits "A - PP" 12 26. Smooth trowel stucco shall be utilized for the stucco finish to the satisfaction of the City Planner. 13 27. The combination sound/retaining wall located along the north, south and west property lines 1^ shall incorporate a decorative finish, including a cap, for the entire extent, which complements the design of the residential units. In addition, the wall located along the 15 western property line shall incorporate pilasters every 20 feet. The details for the wall shall be included in the landscaping, grading, and building plans to the satisfaction of the City 16 Planner. 17 28. The defined ground floor "work" area for the live/work units shall not be converted to a separate residential dwelling unit. 18 29. Commercial signage and the display of any products are prohibited in the live/work units. 19 This information shall be included in the CC&R's, to the satisfaction of the City Planner. 20 30. Prior to the issuance of the building permit, the site plan shall be revised to include a security gate at the western pedestrian access point at the public alley. The gate shall provide for secured ingress/egress for the residents and shall be designed to the satisfaction of the City Planner and the Fire Department. 22 23 Engineering: General NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of 24 this proposed development, must be met prior to approval of a parcel map, grading permit or building permit, whichever comes first. 25 26 31. Prior to hauling dirt or construction materials to or from any proposed construction site within 27 this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 2^ PC RESO NO. 7048 -12- 1.. 32. This project is approved upon the express condition that building permits will not be issued for 2 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 3 continue to be available until time of occupancy. 4 33. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making 5 body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal ofthe building plans, ^ improvement plans, grading plans, or final map, whichever occurs first, 7 8 34. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private access aisles, utilities, g sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact development features and storm drain facilities located therein and to distribute the costs of 10 such maintenance in an equitable manner among the owners of the properties within this subdivision. 11 35. Developer shall prepare, submit and process for city engineer approval a final map to subdivide 12 this project. There shall be one Final Map recorded for this project. 13 36. 14 27 28 The following note shall be shown on the title sheet of the final map immediately following the dedication statement and before the owner's signature(s): This subdivision is a condominium project as defined in section 1351 of the civil code of the state of California, containing a maximum of 47 dwelling units within Lot 1 and is filed pursuant to the Subdivision Map Act. 37. Developer shall install sight distance corridors at all access aisle intersections with State St. in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 15 16 17 18 19 38. Developer shall cause property owner to execute and submit to the city engineer for 20 recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 21 39. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 22 40. Developer shall cause property owner to process, execute and submit an executed copy to the 23 city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, 24 applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a 25 finalmap, whichever occurs first for this project. 26 41. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private enhanced paving, landscaping or hardscape improvements located over proposed public utility and access easements shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. PC RESO NO. 7048 -13- 1 42. Prior to approval of any grading or building permits for this project, developer shall cause 2 owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and 3 Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city 4 engineer. 5 25 26 Grading ^ 43. 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, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 47. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. g 44. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security 10 per City Code requirements. 11 45. Developer shall obtain City Planner approval of a Final Landscape and Irrigation Plan. 12 46. 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 13 not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, 14 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 •'•5 the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 16 17 18 48. Prior to the issuance of demolition permit, grading permit or building permit, whichever occurs 19 first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions 20 established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm 21 water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest 22 fee schedule. 23 49. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to 24 demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer 27 shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 28 PC RESO NO. 7048 -14- 1 „ 50. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, 2 landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 3 51. Developer shall submit documentation, subject to city engineer approval, demonstrating how 4 this project complies with Interim Hydromodification requirements per the city's SUSMP, latest ^ version. Documentation shall be included within the Storm Water Management Plan (SWMP). 6 7 Dedications/Improvements 52. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public street and public utility and access purposes as shown on the tentative map. The offer shall be g made by a certificate on the final map. 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 g be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 10 53. Developer shall design the private drainage systems, as shown on the tentative map to the 11 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 12 and inspection fees for such private drainage systems. 13 54. Developer shall design the private sewer system, as shown on the tentative map to the satisfaction of the city engineer. Developer shall pay the standard improvement plan check and inspection fees for such private sewer system. 15 55. Developer shall prepare and process public improvement plans and, prior to city engineer l^ approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public 17 improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not 18 limited to: 19 A. Driveway approaches. B. Public sidewalks. 20 C. Public water lines, fire hydrants and appurtenances. 21 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 56. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative map. Sewer services shall be provided to the satisfaction ofthe city engineer. 22 23 24 25 57. Developer shall cause owner to waive direct access rights on the final map for Lot 1 abutting 25 the State Street alley. 27 58. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access 28 PC RESO NO. 7048 -15- 15 16 25 26 Non-Mapping Notes 59. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: 1 ,. through the parking area and/or aisles with an ADT greater than 500. Prior to completion of 2 grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval ofthe city engineer. 3 " 4 5 6 7 8 1. Driveway approaches, g 2. Public sidewalks. 3. Public water lines, fire hydrants and appurtenances. 10 Building permits will not be issued for development of the subject property unless the 11 appropriate agency determines that sewer and water facilities are available. 12 C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of 13 Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 14 D. 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. Utilities 18 19 .. 60. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, 20 fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains 21 to the satisfaction of the district engineer. 22 61. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the 23 discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. An encroachment permit will be required 24 for all hardscape landscape improvements within public utility and access easements. 62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 2y 63. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 28 PC RESO NO. 7048 -16- 64. The developer shall install private sewer system including sewer main, manholes, cleanouts 2 and laterals at locations approved by the city engineer. The locations of all private sewer facilities shall be shown for reference on public improvement plans. An encroachment permit 3 will be required for all private sewer facilities within public utility and access easements. 22 23 24 25 26 27 28 65. The developer shall design and construct public water facilities substantially as shown on the tentative map to the satisfaction ofthe district engineer and city engineer. 66. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. Code Reminders: 4 5 6 7 8 67. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as g required by Chapter 20.44 of the Carlsbad Municipal Code. 10 68. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 11 69. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management 12 fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 70. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 71. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 13 14 15 16 72. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 17 Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 18 73. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code 19 Section 18.04.320. 20 74. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual and shall require review and approval of the City 21 Planner prior to installation of such signs. 75. Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. PC RESO NO. 7048 -17- 1 NOTICE TO APPLICANT 2 An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village 3 Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE 7 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." 8 You have 90 days from date of final 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. ^2 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 12 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 14 statute of limitations has previously otherwise expired. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7048 -18- 1 2 3 4 5 6 7 8 9 NEIL' BLACK, Chairperson 10 CARLSBAD PLANNING COMMISSION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of the City of Carlsbad, California, held on May 7, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners L'Heureux, Segall, and Siekmann NOES: Commissioners Anderson and Scully ABSENT: ABSTAIN: ATTEST: DON NEU City Planner PC RESO NO. 7048 -19- The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C AGENDA OF: May 7, 2014 Application complete date: March 3, 2014 Project Planner: Shannon Werneke Project Engineer: Steve Bobbett SUBJECT: CT 13-05/RP 13-15- STATE STREET TOWNHOMES - Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200- 07, 203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7048 RECOMMENDING APPROVAL of Tentative Tract Map CT 13-05 and Major Review Permit RP 13-15 to the City Council based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The subject 1.89-acre site comprises a total of five legal parcels (APNs 155-200-07, 203-054-19, -20, -21, -22) addressed as 2531 to 2601 State Street. All of the properties front State Street to the east; the three southern-most properties also have frontage along a public alley to the west. The project site is located outside ofthe coastal zone and within Land Use District 4 of the Village Master Plan. The properties are currently developed with a number of commercial and light industrial uses, totaling approximately 32,000 square feet. In addition, a public storm drain easement runs from east to west through the central portion of the 1.89-acre property. The existing uses are summarized in Table 1 below. TABLE 1 - EXISTING ADDRESSES/LAND USES Address APN Occupant 2531 State Street 155-200-07 Commercial office building 2533 State Street 155-200-07 Shaw's Collision Repair Auto Sport/Body Shop 2535 State Street 203-054-22 Armstrong Woodworks 2537 State Street 203-054-22 General Contracting 2539 State Street 203-054-22 Commercial office building 2541 State Street 203-054-22 Commercial office building 2551 State Street 203-054-21 Commercial office building 2579 State Street 203-054-20 Designer Glass Carlsbad 2599 State Street 203-054-19 Reconstruction Experts, Inc. 2601 State Street 203-054-19 Whitlock Surf & Rental CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 2 The proposed project entails a request for approval of a Tentative Tract Map and Major Review Permit to demolish all of the structures located at the above-noted properties and to construct a total of 47 airspace townhomes. Specifically, a total of 41, three-story, market rate live/work townhomes and six (6), two-story rent-restricted townhomes ranging in size from 1,194 square feet (SF) to 3,155 SF and in height from 24'9" to 44'iy2 " are proposed. The ground floor of the three-story live/work units is proposed as the "work" element of the unit and is designed to encourage home offices and telecommuting. The applicant has indicated that active storefronts are not anticipated or proposed and commercial signage will be restricted. The proposed density of the project is 24.86 dwelling units per acre. In addition to constructing six inclusionary units onsite, the applicant also proposes to purchase one housing credit in order to fully satisfy the inclusionary housing requirements. A detailed breakdown of each type of unit is summarized in Table 2 below. TABLE 2 - DETAILS FOR UNIT TYPE Unit Type Quantity Size (Gross SF) Bedroom/Bathrooms Garage Private Open Space Height Al (inclusionary) 4 1,211 SF 2/2 One-car garage None 24'9" A2 (inclusionary) 2 1,194 SF 2/2 One-car garage None 24'9" Bl 11 2,874 SF 2/3 plus den and work space Two-car garage 704 SF 42'3"- 42'5" B2 8 2,970 SF 2/3 plus den and work space Two-car garage 787 SF 42'3"- 44'1/2 " B3 7 3,076 SF 2/3 plus den and work space Two-car garage 744 SF 41'11/j " B4 2 3,155 SF 2/3 plus den and work space Two-car garage 807 SF 41'11/j " C 13 2,808 SF 2/3 plus den and work space Two-car garage 668 SF AU'lYz" Parking is proposed to be provided by attached one or two-car garages, as well as nine (9) surface parking stalls, including one handicap van accessible stall. A development standards modification is requested to reduce the dimensions ofthe proposed single-car garages forthe six (6) inclusionary units. The required dimension for a single-car garage is 12' wide x 20' deep and the applicant proposes a single-car garage which is 11' wide x 19' deep. Access to the site is proposed to be provided by two, 24-foot-wide driveways located off of State Street. The two access driveways as well as an internal driveway (20' wide) will be enhanced with concrete pavers. A 20-foot-wide storm drain easement will remain and will continue to bisect the central (runs east-west) portion of the property. An enhanced pedestrian corridor with through-access to the public alley is proposed over the storm drain easement and includes landscaping, bike racks, benches, and decorative paving. In order to address the noise requirements and to ensure that the site adequately drains from east to west, a combination retaining wall and sound wall ranging in height from 6 to 7 Yz feet is proposed along the north, south and west property lines. The Village Master Plan allows perimeter walls to exceed six (6) feet in height subject to the approval of specific findings which can be found in Planning Commission Resolution No. 7048. Grading for the proposed project includes 2,400 CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 3 cubic yards of cut and 1,800 cubic yards of fill. As a result, a total of 600 cubic yards of material is proposed to be exported from the site. A 3,540 SF common recreation area is proposed at the northwest corner of the property and includes an overhead shade structure, barbeque, picnic tables, and decorative planters. Each of the 41 market rate units has a rooftop deck as well as a private deck and a small entry planter. The architectural design is characterized as Contemporary Seaside and utilizes form, materials and colors to reinforce the theme. White exterior plaster with slightly darker, warm, earth tone color blocking reflects Mediterranean climates and the use of wood clapboard siding further accentuates the coastal architectural design. Expansive roof decks and brighter colors used sparingly at the front doors as well as for the fabric rooftop awnings further highlight the seaside theme. Table 3 below identifies the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 3 - SURROUNDING LAND USES Location General Plan Designation Zoning Current Land Use Site V V-R Multi-tenant businesses offices, surf shop, auto-related uses North V V-R Business offices South V V-R Big 0 Tires and Auto Repair East V V-R Multi-family and single-family residential, dance studio, medical offices and auto-related uses West V V-R North County Transit District storage yard and parking lot for train station III. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village (V) General Plan Land Use designation; B. Village Review (VR) Zone (CMC Chapter 21.35), Land Use District 4 (Residential Support Area, Village Master Plan and Design Manual)/Devetopment Standards Modification; C. Inclusionary Housing Ordinance (CMC Chapter 21.85); D. Subdivision Ordinance (CMC Title 20); and E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. Village (V) General Plan Land Use Designation The subject State Street Townhomes property, comprising five legal parcels, 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 4 below identifies the permissible density range for properties located CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 4 outside of the coastal zone and within Land Use District 4. In addition, the allowable range for the number of dwelling units based on the size of the project site and a comparison to what is currently proposed is included in the table. TABLE 4 - PROPOSED DENSITY Gross Acres Net Acres Allowable Density Range; Min/Max Dwelling Units per Village Master Plan Project Density; Proposed Dwelling Units 1.85 N/A 28-35 du/ac Minimum: 52 dwelling units Maximum: 65 dwelling units 24.86 du/ac 47 units As identified above, the project's density of 24.86 dwelling units per acre falls below the minimum allowable density of 28 dwelling units per acre (i.e., 5 units short). Pursuant to the Village Master Plan, to approve a development which proposes a density below the minimum, two findings must be made. Specifically, the project must be consistent with the General Plan and the remaining sites identified in the Housing Element shall be adequate to accommodate the city's share of regional housing needs. As detailed in Planning Commission Resolution No. 7048, the findings to go below the minimum density can be supported. Pursuant to the Housing Element ofthe 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 21.85.050 and shall execute an affordable housing agreement (AHA) prior to recordation of the final map pursuant to CMC Section 21.85.140. As discussed in Section C below, the proposal to construct six (6) inclusionary units onsite and purchase one (1) housing credit is consistent with the inclusionary housing requirement as set forth in City Council Policy No. 43. In addition, the project is accordingly-conditioned to require the execution ofthe AHA prior to recordation ofthe Final Map. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in City Council Policy No. 43. Specifically, the project location and density shall be found to be compatible with adjacent land uses and the project is consistent with the General Plan and any other applicable planning document. As discussed in the attached Planning Commission Resolution No. 7048, the proposed project meets these findings. In addition, the City's Housing Policy Team recommended approval of the request to withdraw 47 units from the EDUB on March 17, 2014. As the proposed project requires approval from City Council, the City Council is the final decision-making authority for the allocation from the EDUB. The following Table 5 describes how the proposed State Street Townhomes project is consistent with the various elements ofthe Carlsbad General Plan. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Pages TABLE 5-GENERAL PLAN COMPLIANCE ELEMENT Land Use USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM Goal A.1 A City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale. Goal A.3 A City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses. PROPOSED USES & IMPROVEMENTS The proposed project, which includes the demolition of existing commercial and office buildings located at 2531 to 2601 State Street and the construction of 47 new townhomes, will enhance the vitality ofthe Village by providing new residential land uses in close proximity to the downtown core area as well as the train station. The project reinforces the pedestrian- orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Overall, the residential project will contribute to the revitalization of the Village area. COMPLY? Yes CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 6 TABLE 5-GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Housing Goal 3 Sufficient new, affordable housing opportunities in all quadrants of the City to meet the needs of the current lower and moderate income households and those with special needs, and fair share proportion of future lower and moderate income households. Policy 3.6 Encourage the development of an adequate number of housing units suitably sized to meet the needs of lower and moderate income households. Program 2.2 Continue to offer flexibility in development standards to facilitate the development of lower and moderate income households. Policy 3.4 Adhere to City Council Policy Statement 43 when considering allocation of units from the Excess Dwelling Unit Bank. The proposed project includes the construction of six (6) inclusionary units on-site which are required to be sold at a low income level (80% ofthe San Diego County Area Median Income). In addition, the applicant proposes to purchase one housing credit to fully satisfy the inclusionary requirement to provide a total of seven (7) income-restricted units. On March 17, 2014, the City's Housing Policy Team recommended approval of the above-noted proposal. The provision for inclusionary housing will contribute towards achieving the city's Regional Housing Needs. The project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to recordation ofthe final map. As discussed above as well as in Planning Commission Resolution No. 7048, the proposal to reduce the dimension of the single-car garage of the inclusionary units can be supported. In approving a request for an allocation of excess dwelling units, the project shall meet the findings identified in CC 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 discussed in the attached Planning Commission Resolution No. 7048, the proposed project meets these findings. Yes CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 7 TABLE 5-GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Circulation Obiective B.l Provide adequate circulation infrastructure concurrent with or prior to the actual demand for such facilities. The proposed project has been designed to meet all ofthe circulation requirements, which includes two 24- foot-wide driveways off of State Street and one, 20-foot-wide internal driveway. Yes Public Safety Policy Cl Design all structures in accordance with the seismic design standards ofthe California Building Code (CBC) and State building requirements. Policy B.4 Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The proposed structural improvements are required to be designed in conformance with all seismic design standards. The proposed project is consistent with all ofthe applicable fire safety requirements. Yes Noise Policy C.5 Interior noise standard of 45 dBA and exterior noise standard of 60 dBA for residential land uses. A noise study was prepared for the proposed project. While no significant impacts were identified, the project has been designed to comply with the recommendations ofthe noise report to ensure that the proposed building design as well as noise walls will adequately attenuate the interior and exterior noise level for the new townhomes, including the common use area. Yes B. Village Review Zone (CMC Chapter 21.35), Land Use District 4, Residential Support Area (Village Master Plan and Design Manual) The subject property is located within Land Use District 4, Residential Support Area, of the Village Master Plan. Residential uses are approved by right and live/work units are identified as a provisional land use. Provisional uses are those which are permitted subject to discretionary approval of the appropriate decision-making authority. Further, provisional uses are approved based upon the ability to make findings. The proposed project entails a request to construct a total of 47 airspace condominiums, including 41 live work units and 6 inclusionary units. The Village Master Plan defines live/work units as follows: A residential structure, generally in loft-type unit, in which one or more of the residents utilize a portion of the dwelling unit for business purposes involving the creation or assembly of art, craft, graphic design, photography, or similar hand-crafted products for display and/or sale. On-site business activities may include in some but not all cases the display and sale of those hand- crafted goods. CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 8 The ground floor ofthe three-story live/work units is proposed as the "work" element ofthe live/work units and is designed to encourage home offices and telecommuting for the owners of the units. The applicant has indicated that while the live/work units include a defined work area on the ground floor, the units are not intended to generate walk-in traffic nor to display or sell hand-crafted goods. The applicant has indicated that active storefronts are not anticipated and commercial signage will be restricted in the CC&Rs. Accordingly, no additional parking beyond that which is required for the proposed live/work units has been provided forthe home offices. Notwithstanding the above, as a defined work area is proposed, staff felt that findings were still required to be made for the provisional use. As discussed in Planning Commission Resolution No. 7048, the findings for approval can be supported. In general, the live/work units are compatible with adjacent development, adequate parking is provided, and the dwelling units will be designed in such a way that the residential environment will not be compromised. The specific development standards for new development within Land Use District 4 and the project's compliance with these standards are shown in Table 6 below: TABLE 6 STANDARD REQUIRED/ALLOWED PROPOSED COMPLY? Intent Provide for a gradual transition to a mix of higher quality residential uses which will provide positive support for District 1 (Village Center) and reinforce the Village area north of Beech Street as a quality residential neighborhood. The proposed project contributes towards the overall goal of creating a quality residential neighborhood north of Beech Street in that older commercial land uses are proposed to be removed and replaced with 47 high-quality townhomes which exhibit a Contemporary Seaside architectural design and which complements the Village atmosphere. Yes Front Yard Setback (from State Street) Live/work: No setback at 1^* floor; 10 foot average setback for all floors above the 1'* floor Residential/inclusionary units: 10 foot setback for all floors Live/work units: Ground floor: 2-9 feet 2"" & 3^" floors: 10 foot average setback for all floors above 1'* floor. Inclusionary units: 10 feet, all floors Yes Side Yard Setback No minimum or maximum North: 13.3 feet South: 7 feet Yes Rear Yard Setback No minimum or maximum 5 - 60 feet Yes Max Building Height 45' 24'9"-44'r/2" Yes CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 9 TABLE 6 VILLAGE MASTER PLAN, LAND USE DISTRICT 4, RESIDENTIAL SUPPORT AREA STANDARD REQUIRED/ALLOWED PROPOSED COMPLY? Building Coverage 100% 53% Yes Parking Condominium (outside Inclusionary units: Yes coastal zone): One car garage. **As discussed in the 2 spaces per unit, one of 11' wide X 19' deep** attached Planning which is required to be One uncovered Commission covered designated compact stall resolution, the Two-car garage: 20'x20' per unit (8' x 15') findings for approval One-car garage: 12'x20' of a Standards Live/work units: Modification for the Two-car garage per unit. reduced dimensions 20' X 20' forthe single-car garages can be supported. Guest: Guest No spaces required for 2 + 1 van accessible properties located outside handicap stall of coastal zone Open Space 20% = 16,465 SF 44,956 SF Yes Common: 3,540 SF Private: 29,546 SF Other: (landscaping/turf): 11,870 SF Property Line 6 feet 6-7 Vz feet Yes Walls/Fences **As discussed in the North: 6-7/2feet attached Planning (combined retaining/ Commission sound wall) resolution, due to the drainage East: 6 feet requirements as well the requirement for West: 6-7/2feet noise attenuation, (combined retaining/ the findings for sound wall) approval can be supported to exceed the 6-foot height limitation. Density 28-35 dwelling units/acre 24.86 dwelling Yes units/acre** **As discussed in the attached Planning Commission resolution, the findings for approval to go below the minimum density can be supported. CONTINUED) CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 10 C. Inclusionary Housing The City's Inclusionary Housing regulations (CMC Chapter 21.85) require that a minimum of 15% of all proposed ownership units in any residential project be restricted to lower income households. As a result, the proposal to construct 47 airspace townhomes requires a total of 7 inclusionary units. The applicant proposes to construct six (6) inclusionary units onsite and has requested to purchase one housing credit for the remaining unit. On March 17, 2014, the City's Housing Policy Team recommended approval ofthe above-noted request and specified that the on-site units are required to be sold at a price affordable to low income levels at 80% of the San Diego County Area Median Income. In addition, the Housing Policy Team recommended approval of the request for reduced dimensions for the single-car garages as well as the proposal to develop the project below the minimum density. As required by CMC Chapter 21.85, the project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to recordation ofthe final map. D. Subdivision Ordinance The State Street Townhome project currently spans five legal parcels (APNs 155-200-07, 203-054-19, - 20, -21, -22). As part of the proposed project, the lots are proposed to be merged into one lot to accommodate the proposal to accommodate 47 air space condominiums. The design of the proposed tentative tract map and the improvements, as conditioned, are consistent with and satisfy the requirements ofthe General Plan, Village Master Plan, Titles 20 and 21 ofthe Carlsbad Municipal Code, and the State Subdivision Map Act. Public vehicular access is provided and the lot is suitable for future residential use. in addition, the design of the subdivision and the required 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. All easements have been identified and none are affected by the proposed subdivision. 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 6 below. TABLE 6 - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 163.4 sq. ft. Yes Library 87.15 sq.ft. Yes Waste Water Treatment 47 EDU Yes Parks 0.33 acres Yes Drainage Existing: 10.1 CFS Proposed: 7.7 CFS Yes Circulation Existing: 557 ADT Proposed: 282 ADT =Net reduction of 275 ADT Yes CT 13-05/RP 13-15 - STATE STREET TOWNHOMES May 7, 2014 Page 11 TABLE 6 - GROWTH MANAGEMENT COMPLIANCE (CONTINUED) STANDARD IMPACTS COMPLIANCE Fire Station 1 Yes Open Space n/a n/a Schools E: 8, M: 15, H: 15 Yes Sewer Collection System 10,340 GPD Yes Water 11,750 GPD Yes Properties located within the boundaries ofthe Village Master Plan do not have a Growth Management Control Point or an allocation for dwelling units. Therefore, as 47 units are proposed, a total of 47 dwelling units are proposed to be deducted from the City's Excess Dwelling Unit Bank. Pursuant to Planning Commission Resolution No. 7048, the allocation from the EDUB can be supported. V. ENVIRONMENTAL REVIEW The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. The project is consistent with the Village Master Plan as well as the General Plan, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval ofthe project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities arid public services. The project is exempt from further environmental documentation pursuant to Section 15332 of the State CEQA guidelines. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7048 (CT 13-05/RP 13-15) 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits "A" - "PP" dated May 7, 2014 NOT TO SCALE SITE MAP State Street Townhomes CT 13-05/RP 13-15 • V c . TV o P t Plan^iii^HiS; CARLSBAD ^" '^^^^ """"'^y^lSZl www.carlsbadca.gov Applicant's stetement or disclosure of certain ownership interests on all applicatioas which wili orCommS?'""^''' ^"^'^^ °" appointed Board. Commission The following information jWUSI be disclosed at the time of appfication submittal. Your orofect cannot be reviewed until this information is completed. Please print. APPUCANT (Not the applicant's agent) Provide the COMPLETE LEGAL names and addresses of m> persons having a financial interest In the application. If the applicant includes a corporation or nartnprghip include the names, titles, addresses of all individuals owning more than 10% or fhe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES PLPAsI INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If TScSS corporation, include the names, titles, and addresses of the corporate officers—fA separate page may be attadied if necessary.) " Person Corp/Part TiHe Title Address.^ Address OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons havinq anv ownership interest in the property involved. Also, provide iHe nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation etc) If the '"eludes a corporatipp or partnership, include the names, titles! addresses of all individuais owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORP THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/AnN THE SPACE BELOW. If a puNicly-ovyned Qprporafion, include the narnes Htles, and addresser the cwporafe officers. (A separate page may be attached if necessary.) Person V 'omAiVArc/ Corp/Part <^ ^^^,<L(Lr. Title M "' ' ""I 1^^^^^ _ Address fif AJ, fi<ir fr> Tr^d^-^ . . ... Pagel Of 2 Rew'sed 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit omanizatlon nr^in,.t list Je names and addresses of ANY person sen;ing as an otticer or director of he nTn- profit organization or as trustee or beneficiary of the. Non ProfitTTrust Non Profitn-rusl ™e Title Ac'fress_ Address 4. Have you had more than $500 worth of business transacted with any member of Citv staff Boards, Commissions. Committees and/or Counci! within the past twelve (m months? ^ * • Ves No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certitythat ali the above ij^miatlon is true and conrect to the best of my knowledge. —^yr/7-/7 JiyiwjjJ|,fe ufiDwner/daie Signature of applicant/date Print or type name of owner ^Hsj.u^-^^-C'^^ Printortypenameofapplicant 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 Revised 07/10 4 DISCLOSURE Develooment Services STATEMENT ^ ctrr OF . PmHA\ leasFaradayAvernw CARLSBAD ^ ' ^f^-^'^ AppHcantrs statement or dJsdosura of certain ownership Interests on aU applications which wm requlia dl&crationary a<^on on the part of tha City Council or any appointed Board. Comml&slon or Committee. The foUowfng Infbnnation MUST be dlscios«J at the tlnte of application submittal. Your proled cannot be reviewed until this information is completed. Please print. 1. APPUCANT (Not fhe appllcante agent) Provide the COMPLETE. LigGAU names and addresses of ALL persons having a ffnancia! ^terest in the appKcallon. if the appilcaiit includes a pornoratfon or partnership, indude the name8» ^es, addressee of all individuals owning more than 10% of the shares. iF NO INDIVIDUALS OWN IUIOR£ THAN 10% OF THE SHARES, PLEASE il^I•lCATE NON-APPUCABLE (WA) IN THE SPACE BELOW. If a Dubtlclw.owned gprporatlon. Include the names, titles, and addresses of the corporate ofiloere, separate page may be attached If necessaiy.) THte TffleL Address V*^'«> ^ ^^ntJ^^^'f* Address^ OWNER (Not the ownet's agenQ Provide the COMPLETB. LEGAL names and addresses of Al^t, persons having my ownerstiip interest h (he property Involved. Also, provide the nature of the legal ownership (Le., partnership, tenants in common, non-profit, corporation, etc.). If the ownership included a corpoiatlop or parti^ars^^ipr include the nantes, tiUee, addresses of ail individuais owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPUCABLE (N/A) IN THE SPACE BELOW, if a Dubltoiy-owqed corporation, include fite names, titles, and addresses of the corporate ofRcere. (A separate page may be attached If neoessaiy.) Person. Corp/Part TItie*_S£22^Ilj Title Address Address, .j6d(A)_«,„ —_ »^-.,.-Ba89.1-ol5 RevtoedOiTMO^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identiRed pursuant to (1) cq- (2) above [s nopprofit oraanteaHon or ^ tnjsf. ttat the namea and addresses of A^Y person seniing as an oifloer or director of tie non- profit organization or ae tnjsiee or beneficiary ofthe. I^n Profil/Tlrust Non Profitmust Tffla TIHe Address Address. 4. Have you had more than $500 worth of business transacted any member of 0{^ staff, Boards, Commissions, CommitiBea and/or Coundl wWiln fhe past twelve (12) montha? I I Yea ^^0 if yee, plaaaa indicate per5on(s):. NOTE; Attaph additional sheets If necessary. 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Ss i fadmv miM HDU .tai jsi-a n ' 1 Vmm f r r r o 5 I o :5 Is lliffl !|if t 5iS5 CO 0 E o JZ c o I- 4-" 0 0 L_ 4-" CO 0 4—" CO 4-' CO m fi- Planning Commission Minutes May 7,2014 Page 2 1. CDP 13-30 - DE ANDA RESiDENCE - Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Coastal Development Permit to allow for the construction of a 3,412 square foot single family residence within the Mello II Segment of the city's Coastal Zone located on the west side of Jefferson Street, south of Las Flores Drive and within Local Facilities Management Zone 1. The project site is within the appealable area of the California Coastal Commission. 2. CUP 90-03(E)/SDP 90-05(i)/CDP 97-05(B) - COSTCO GAS STATION CANOPY - Request for a recommendation of approval of a Conditional Use Permit Amendment CUP 90-03{E), a Site Development Plan Amendment SDP 90-05(1), and a Coastal Development Permit Amendment CDP 97-05(B) to add three (3) new fuel pumps and a 2,080 square foot gas station canopy addition to the existing COSTCO Wholesale fueling station on property located at 951 Palomar Airport Road within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 5. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu stated Agenda Items 1 and 2 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Items 1 or 2. Chairperson Black asked if any member of the audience wished to address Agenda Item 1 or 2. Seeing none, he opened and closed public testimony. iVIOTiON ACTION: Motion by Commissioner Scully and duly seconded, that the Planning Commission approve Agenda Items 1 and 2. VOTE: 6-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner L'Heureux, Commissioner Scully, Commissioner Segall and Commission Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Items 1 and 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. CT 13-05/RP 13-15- STATE STREET TOWNHOiWES - Request for a recommendation of approval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054- 19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Planning Commission Minutes May 7,2014 Page 3 Mr. Neu introduced Agenda Item 3 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Commissioner Segall asked about the grass medians in the alleys as shown on the project renderings. Ms. Werneke stated that the pictures shown on the slide are only renderings and the grass medians do not exist and they are not proposed. Commissioner Segall asked about the ingress point from the alley into the site. Ms. Werneke stated it would be a pedestrian access point. Commissioner Segall inquired if there would be a security gate at that location. Ms. Werneke commented that nothing is proposed at the time but deferred the question to the applicant. Commissioner Siekmann asked about the one inclusionary housing unit credit. Ms. Werneke commented that she asked a staff member from the Housing Division and stated the credit will either come from the Roosevelt Gardens project or the Tavarua project. Commissioner Anderson asked how long the inclusionary housing requirement will follow those units that are onsite. Don Neu, City Planner, stated that he believes the requirement is for 55 years for rental units and 30 or 35 years for the for sale units. Chairperson Black asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Peter Lauener, president of Intracorp, 4041 McCarthur Blvd, Newport Beach, gave a brief presentation and stated he would be available to answer any questions. Regarding the pedestrian access issue raised by Commissioner Segall, he stated he would be agreeable to adding a gate for security purposes if the Commission felt it appropriate. Chairperson Black asked if there any further questions for the applicant. Commissioner Siekmann inquired about the proper flow for natural heat and air for the units that will face a more north/south direction on the north and south ends ofthe project. Ken Benson, representing Intracorp, stated the staggering of the buildings on those sides of the site will help allow for the natural heating and cooling. Commissioner Siekmann asked about the types of businesses allowed in the live/work units. Mr. Lauener explained that if an attorney lived in a unit, it would be considered a home office and business would not be conducted from that unit. Commissioner Siekmann asked if 24 months will provide an adequate timeframe to receive building permits for the project. Mr. Lauener stated he feels 24 months is adequate time to obtain permits and begin construction. Commissioner Siekmann asked if the current tenants have been made aware ofthe proposed project. Mr. Lauener stated a staff member from Intracorp spoke with or attempted to speak with each tenant on site. Commissioner Anderson asked about the limitations for the proposed businesses. Mr. Lauener stated it is not the intent to have retail spaces as the units will be live/work units. Commissioner Anderson stated her concern regarding parking in the garages for the inclusionary housing units. She asked if there will be limitations for the types of vehicles that will be allowed. Mr. Lauener stated that for the market rate units, the garage sizes are the standard 20 feet by 20 feet. As it relates to the inclusionary units, Mr. Lauener directed the Commission's attention to a slide depicting the proposed garages with examples of a large SUV and a midsize car parked in the garage. Mr. Lauener explained that there will be open parking spaces for the inclusionary units as well so if a homeowner had a larger vehicle, they would be able to use one of those spaces. Commissioner Anderson inquired as to why the alley was not used for the location for the site's ingress and egress. Mr. Lauener explained that they were concerned about cut-through traffic from State Street to the alley. The site also has constraints as it pertains to grade and ADA compliance. Commissioner Scully asked about the soundproofing between the units. Mr. Lauener stated that the walls will have insulation and drywall, and the project will meet the city's sound requirements for interior noise levels. Planning Commission Minutes May 7,2014 Page 4 Commissioner L'Heureux asked about the live/work units and how those will be enforced. Mr. Lauener stated it will be handled through the CC&Rs which will mirror the city's code. Commissioner L'Heureux suggested that the applicant add specific examples of what can and cannot be included for live/work so that the intent is very clear. Mr. Lauener stated that he will take that suggestion into consideration and add the necessary specifics. Chairperson Black asked if the CC&Rs will preclude leasing the units. Ms. Werneke stated the units are meant to be owner-occupied. Commissioner Anderson commented that she is concerned with the lack of guest parking. Mr. Lauener stated the CC&Rs will clearly state that the garages are to be used for vehicle parking not storage. Commissioner Anderson asked if they can enforce no resident parking on the street. Jason Geldert, Senior Engineer, stated the street parking would need to be evaluated once the project is complete. It is possible to restrict parking on the street; however it needs to be done carefully so as not to impede on parking for other businesses in the area. Chairperson Black asked if there any further questions of the applicant. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Chairperson Black opened public testimony on Agenda Item 3. Jan Erik Jansson, 2501 State Street, Carlsbad, stated he is strongly opposed to the project. Steve Gibson, representing Urban Place Consulting, Roosevelt, spoke in support ofthe project. Commissioner Siekmann stated that she sees these live/work units allowing more careers taking place in the units and asked if Urban Place would be supportive in expanding the possible uses in the area with the upcoming Village Master Plan Amendment. Mr. Gibson stated yes and commented that there needs to be viable options to allow for live/work units in the Village. He further stated this type of conversation would be very important to be held during the upcoming meetings regarding the updates to the Master Plan. Chairperson Black asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked if the applicant wished to respond to the issues raised by the speaker. Mr. Lauener commented that he did speak with Mr. Jansson regarding the future plans for his property and stated they are willing to work with him in the future. Commissioner L'Heureux asked about the potential sales price for these units. He stated he is asking the question because he is having conceptual problems with having to fit the live/work idea with the reality of economics with the types of people that might populate the live/work units. Mr. Lauener stated that while it is too early to set a sales price, he believes the prices will be within the $700,000 to $800,000 range. Mr. Neu commented that there a few conditions specifics to the live/work units. One deals with signage and the other is that the unit cannot be converted to a separate dwelling unit. Also, as stated previously, the Village Master Plan is pretty limiting on the types of uses that can go into the project. There is the potential when the Master Plan is updated that other uses could be allowed. Unless the Commission were to specifically restrict what the live/work space can be used for, it will be whatever the Village Master Plan allows, now or in the future. The other factor would be whatever the applicant did with the CC&Rs for the project, which they would then need to go through their own private process to amend them. The way staff has structured the conditions is to refer back to the Village Master Plan. If the Master Plan evolves and allows something different, the applicant would be allowed that flexibility, unless they choose to make it more restrictive. Chairperson Black closed public testimony and asked if there were any further questions of staff. Commissioner Segall asked about onsite parking for the project. Ms. Werneke stated the project does in fact exceed the parking standard and there are no requirements for visitor parking outside of the coastal zone and in the Village Master Plan. The project is providing three guest parking stalls in addition to an Planning Commission Minutes May 7,2014 Page 5 accessible parking stall. Commissioner Segall asked if parking is allowed along the entire project frontage on State Street. Ms. Werneke stated yes. Commissioner Segall commented that he feels a condition should be added to install a security gate at the pedestrian access point. Ms. Werneke stated it is within the Commission's purview to add that as a condition. Commissioner L'Heureux inquired about the availability of parking in the alley behind this project. Mr. Geldert stated it is a public right-of-way. Commissioner L'Heureux asked if guests could park legally in that alley. Mr. Geldert stated that he believes part of the alley is marked as a fire lane. Commissioner L'Heureux asked if that area could be used for resident and visitor parking. Mr. Geldert stated that based on the width of the alley, parking would not be allowed. Commissioner L'Heureux asked if the alley will marked as a no parking area and signs placed accordingly. Mr. Geldert stated that could be added as a condition on the project. Commissioner L'Heureux again asked if the entire end of the alley cul-de-sac could be striped as a no parking area if it is a public alley. Mr. Geldert commented that typically staff conditions a project for that if it is the frontage of the property; if it is not on the frontage of the property, there is not a nexus to have a developer go beyond that and do work. He further stated that staff can asked the city's Traffic Engineer to review that particular site and determine if there is a need for signage and no parking. Commissioner L'Heureux commented that it is a no-brainer. DiSCUSSiON Commissioner Segall stated he likes the project as it is exactly what the city is trying to accomplish in the Village. It allows for diversity in housing in the Village and he feels this is what the Envision Carlsbad Committee desired for the area. He further suggested adding a condition to require a gate to the pedestrian access. Commissioner Siekmann thanked staff for the wonderful project brought forward tonight. She suggested that the Council adopt a quiet zone for the train and that she would love to see the Village Master Plan updated to allow for broader uses for live/work units. She stated she can support the project. Commissioner Siekmann stated she can support Commissioner Segall's suggested for the addition of a gate. Commissioner Anderson stated that while she likes most of the project, she feels there is a lack of parking for the project and the size of the garages for the inclusionary housing are too small. She feels the project is overbuilt for the site. Commissioner L'Heureux commented that he has some real concerns with the project. He feels that the concept of being able to live and work in the same unit has not happened to the extent that the city has hoped. He also stated his concern regarding the proposed price range. Commissioner L'Heureux commented there is a real disconnect between the concept, the implementation and this project. He also stated the project might be a little too modern for the area and it is not compatible with what currently exists in that area of the city. Commissioner L'Heureux further commented that having a secure gate into the project is a must, and he agrees with Commissioner Segall's suggestion regarding adding gate. He stated he likes the concept, however it is a lot of the execution that causes his concern. Commissioner Scully stated her concurrence with Commissioner L'Heureux. She stated her concerns with the garage sizes and she feels that the definition of "live/work" is too limited. She would rather see this entire project as mixed use instead of live/work. She stated she cannot support the project based on those reasons. Chairperson Black commented that it becomes a balancing act of weighing the positives and negatives. After taking everything into account, he still likes the project. He is not overwhelmed with the idea for the live/work units for this project but stated he can support the project. Commissioner L'Heureux asked Mr. Neu on the time frame for updating the Village Master Plan. Mr. Neu stated the scope of work has a completion date of within a year. Commissioner L'Heureux asked how the live/work issue will be addressed. Mr. Neu stated it is difficult to say as the input will be from the stakeholders including residents, businesses, and owners as to what should be permitted, and it will not be based solely on the opinions of staff. The uses currently allowed by the Village Master Plan do tend to focus more on the artistic fields as a opposed to generalized office use. Commissioner L'Heureux asked if Planning Commission Minutes May 7,2014 Page 6 there would be a violation if, under the current language for live/work units in the Village Master Plan, an attorney had a unit in this project and had a few clientele a week visit the space. Mr. Neu replied stating currently an attorney could operate a home office but not have clients visit that office at that location. Commissioner Scully asked if this issue will be something the Commission can specifically address with both the General Plan update and the Village Master Plan Update. Mr. Neu stated the only document that provides the specific language is in the Village Master Plan. Because the contract has already been entered into, the definition of live/work will be something up for discussion and potential revision that the Commission will eventually see a recommendation on when the plan moves forward. Mr. Neu stated that he does not feel there is a need for the Commission to do anything separate at this time. If there are specific issues the Commission wants to address, the Commission can add conditions to the project or make a recommendation to council. If the Commission chooses to not add conditions on the project, the project will then be subject to what is included in the Master Plan with the exception of whatever the owners are subject to in the CC&Rs. Commissioner Scully asked if an owner would have to have a business license if, for an example, he/she is an attorney and clients were visiting that location. Mr. Neu stated yes. Commissioner L'Heureux asked what happens to the project if there is a tie vote. Mr. Kemp stated it is considered a no action and the matter remains before the Commission subject to further Commission consideration. If there is a tie vote, the matter should be again considered at the next regularly scheduled Planning Commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied. Commissioner L'Heureux asked if the denial would be with or without prejudice and if it would be appealable. Mr. Kemp stated it would be handled like any other denied application. Commissioner Segall asked for clarification regarding the tie vote. Mr. Kemp stated because the Commission is making a recommendation to the Council, if there is a tie vote, the item would need to be heard at one more meeting. If it is still a tie vote, the item would move forward to the Council with a recommendation for denial. Commissioner Scully asked if modifications could be made prior to the next meeting. Mr. Neu stated yes however if the modifications are substantial, the conditions of approval might have to be revised to reflect any changes. Commissioner Segall commented that he is having a difficult time understanding the concerns of his fellow Commissioners. He feels the Commission needs to define further what their concerns are. If the garage sizes meet the standards. Commissioner Segall feels that the Commission should not hold the applicant to a higher standard than anyone else. Also if the driveway is 20 feet and that meets the standards, he stated he does not know why the Commission is holding the developer to develop something larger than what is standard. Commissioner Segall commented that he understands the concern from a few Commissioners about the live/work definition, which is a unique angle, however it is apparently allowed and in the code. Some Commissioners however do not like the concept. He asked if the Commission is changing rules at the expense of someone who spent a lot of money to bring a project forward. If the applicant feels the project will pencil out, it will be developed regardless of what happened to other similar sites in the city. He is concerned about why the Commission is involved in discussions of whether or not the units can be sold or whether or not there will be occupants to move in. He does not feel that is what the Commission should be doing. He commented that the project fits with that the city is trying to do in that area and that it meets all the standards currently in place. Commissioner Segall further commented that because there are not any standards regarding architecture in the Village, it would not be fair to deny the project based on what it looks like. He wants to support the project and the work that has been done. Commissioner Segall added that if the Commission is concerned that the live/work units will not really be live/work units, the Commission can add a condition stating the work area must be used as a work area only and cannot be turned into another room. Commissioner Siekmann stated she agrees with Commissioner Segall except for the last comment. She feels that it will be someone's home, and the Commission does not know what will happen 20 years down the road. She does not support adding a condition restricting the use of the lower level of the live/work units. Commissioner Siekmann feels the Commission wants to make all the changes downtown and she wants to support the project because it allows an opportunity for residential and commercial space in the Village and she feels this project has the potential to spur more activity in the area. Planning Commission Minutes May 7,2014 Page 7 Commissioner Scully clarified that the garage sizes she and Commissioner Anderson are concerned about are for the inclusionary units. As far as the project itself. Commissioner Scully feels the issue with the live/work definition is that it is too restrictive. She feels that the vision of EC3 and with the General Plan Update is for more mixed-use units in the city. Commissioner Scully feels the project, as it is currently proposed, is too restrictive and she cannot support the project. Mr. Kemp added there is a parking ordinance regarding the alley behind State Street. The ordinance stated that parking is not allowed along the eastern edge of the alley. Parking is allowed on western edge of the alley during the day but not allowed from 10:00 p.m. to 6:00 a.m. seven days a week. Commissioner Segall asked if there is an opportunity to allow parking in the alley with a permit. Mr. Kemp commented that currently RV parking is the only thing type of parking that requires a permit. Parking is regulated by the state, and the city only does what is allowed by the State. He believes permit parking is something that could be allowed if it is passed by the council. Commissioner L'Heureux stated his concern is the current definition of live/work. He would like to see the project succeed however he feels the odds are stacked against the applicant. Commissioner L'Heureux stated that he will assume that the applicant will want to help fast track the revisions to the Village Master Plan. If the applicant wants to roll the dice, it is the applicant's choice. Commissioner L'Heureux is not concerned with the reduced garage sizes for the affordable housing units. Bringing more people into the Village trumps everything else. While the architecture is not what Commissioner L'Heureux likes, it is not a big concern to him. He feels the Commission ought to move this project along. Commissioner Segall asked Mr. Neu if there is something the Commission can do so that it is clear the Commission would like to broaden the definition of live/work and that it needs to be addressed sooner rather than later. Mr. Neu stated the comments can be included in the minutes, and the comments can also be addressed in the documents that are prepared forthe Council's consideration. Mr. Neu pointed out that the project is in Land Use District 4 of the Village Master Plan which is an area of residential support for the Village. The current plan envisions these areas as having a mixture of residential and commercial, but emphasize that they are there to provide occupants in the Village the ability to use the services. He also noted that Land Use District 4 does allow multi-family and mixed-use as a permitted use. Live/work units are a provisional use. It is trying to provide quite a bit of flexibility but the district itself talks about the intention to be a residential support for the Village center. The master plan also has wording that states Land Use District 4 would transition into residential or other types of commercial uses that can support the Village center. Commissioner Segall stated that it needs to be addressed with this project and that the Commission needs to send a strong message to the Council. Chairperson Black asked if Commissioner Segall is satisfied with Mr. Neu's statements. Commissioner Segall stated that he wants to make sure it is a stronger statement. Mr. Neu stated the documents that will be prepared for the Council's review will include a discussion about the Commission's concerns about addressing the issue of the live/work unit definition. Commissioner Segall commented that "professional services" is the term the Commission desires. Chairperson Black asked if Commissioner Segall would like to add a condition regarding a gate at the pedestrian access. IVIOTION Commissioner Segall motioned to have a condition added to require a security gate at the pedestrian access gate. The motion passed 4-2 (Anderson, Scully). Planning Commission Minutes May 7,2014 Page 8 IVIOTION ACTION: Motion by Commissioner L'Heureux, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 7048 recommending approval of Tentative Tract Map CT 13-05 and Major Review Permit RP 13-15 to the City Council based on the findings and subject to the conditions contained therein. VOTE: 4-2 AYES: Chairperson Black, Commissioner L'Heureux, Commissioner Segall and Commission Siekmann NOES: Commissioner Anderson and Commissioner Scully ABSENT: None ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 3. RECESS Chairperson Black called for a 10-minute recess at 7:50 p.m. IVIEETING CALLED TO ORDER Chairperson Black called the meeting to order at 8:00 p.m. with all Commissioners present. Chairperson Black asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 4. 4. CLilWATE ACTION PLAN WORKSHOP - An overview of the Draft Climate Action Plan. The purpose of the overview is to introduce the commission to the Draft Climate Action Plan and to provide commissioners an opportunity to ask questions in preparation for the future hearing process. Mr. Neu introduced Agenda Item 4 and stated Josh Pollak, from Dyett and Bhatia, and Principal Planner Dave de Cordova would make the staff presentation. Staff gave a detailed presentation and stated they would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. The Commission had a brief discussion regarding the Climate Action Plan. Chairperson Black closed the public hearing on Agenda Item 4 and thanked Staff for their presentation. COIVIIVIISSION COMMENTS None. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: SUBJECT: ShJtC^ cSVvre^f" Tou/nAom^s LOCATION: . DATE NOTICES MAILED TO PROPERTY OWNERS: MOcj ^\ <^OCH-' NUMBER MAILED: I declare under penally 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 (Siqnature) ~ 7 (Date) (Signature) /j / (wate) SENT TO FOR PUBLICATION VIA E-MAIL TO: H^Union Tribune I I Coast News PUBLICATION DATE: Union Tribune, Coast News 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: ' ' /.Qinnoti (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: iwiay 23^^ 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Ope^side, Caiifornia On Thi3^7t0^ay-May 2014 Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING JNOTICE IS HEREBY GIVEN to you, because your in- Pterest may be affected, that the City Council of the Citv of Carlsbad will hold a public hearing at the Coun- cil Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at «:00 p.m. on Tuesday, June 3, 2014, to consider ap- proval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 liveAwork units and six W) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local Facilities Management Zone 1 and more particu- larly described as: PARCEL A: APN 203-054-22 - LOTS 16 AND 17 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIE-GO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE- OF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RE-CORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL B: APN 203-054-21 - LOT 15 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL C: APN 155-200-07 - THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL 0: APN 203-054-19 8< 20 - LOTS 12, 13 AND 14, SEA-SIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUN-TY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. Whereas, on May 7, 2014 the Citv of Carlsbad Planning Commis-sion voted 4-2-0 (Scully and Anderson) to recommend approval of a Tentative Tract Map and a Maior Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054-19, -20, -21, ,-22); 2) to al-low for the construction of 47 two and three-story air space town-homes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (IT x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of fhe Village Review zone and within Local Facilities Management Zone 1. The proiect quali- fies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. Copies of the agenda bill will be available on and after May 30, 2014. If you have any ques- tions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke@carlsbadca.gov . The time within which you may judicially challenge this Tenta-tive Tract Map and/or Major Review Permit, if approved, is es- tablished by state law and/or citv ordinance, and is very short. If you challenge the Tentative Tract Map and/or Major Review Permit in court, vou may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 13-05/RP 13-15 CASE NAME: STATE STREET TOWNHOMES ^i-rvni=rARLSBADCITY COUNCIL pub: 5/23/14 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council ofthe 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, June 3, 2014, to consider approval of a Tentative Tract Map and a Maior Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155-200-07, 203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions for the single-car garages (11' x 19' instead of 12' x 20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local Facilities Management Zone 1 and more particularly described as: PARCEL A: APN 203-054-22 LOTS 16 AND 17 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL B: APN 203-054-21 LOT 15 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL C: APN 155-200-07 THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. PARCEL D: APN 203-054-19 & 20 LOTS 12, 13 AND 14, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. Whereas, on May 7, 2014 the City of Carlsbad Planning Commission voted 4-2-0 (Scully and Anderson) to recommend approval of a Tentative Tract Map and a Major Review Permit to 1) allow for the demolition of all of the structures located at 2531 to 2601 State Street (APNs 155- 200-07, 203-054-19, -20, -21, -22); 2) to allow for the construction of 47 two and three-story air space townhomes, including 41 live/work units and six (6) inclusionary units; and 3) to allow for a development standards modification pursuant to the Village Master Plan for reduced dimensions forthe single-car garages (11' x 19' instead of 12' x20') on a 1.89-acre site which comprises five properties addressed as 2531 to 2601 State Street in District 4 of the Village Review zone and within Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. . Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after May 30, 2014. If you have any questions. please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke@carlsbadca.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 con'espondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 13-05/RP 13-15 CASE NAME: STATE STREET TOWNHOMES PUBLISH: May 23, 2014 CITY OF CARLSBAD CITY COUNCIL A/ NOT ro SCALE SITE MAP State Street Townhomes CT 13-05/RP 13-15 f i AH3/W-O9-008-1. CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 .lusuisfijeip ap suas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIMJOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 (g>09J.S ©AHaAV l!JBqe6 a| zastmn ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALIT/ CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 T ^a6p3 dn-dod asodxa r iaded paSji • @09J.S 3iB|duj9i @AjaAV esn Easy Peel® Labels Use Avery® Template 5160®/8160™ CBSS LLC 111 N POST ST #200 SPOKANE WA 99201 Bend along line to expose Pop-up Edge™ KORNBERG FAMILY TRUST 08- 11-92 10880 WILSHIRE BLVD LOS ANGELES CA 90024 AVERY® 6240™! NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARC 810 MISSION AVE OCEANSIDE CA 92054 STATE OF CALIFORNIA WILDLIFE RESERVE 1807 13THST#103 SACRAMENTO CA 95811 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 MICAH A PENMAN 2431 BUENA VISTA CIR CARLSBAD CA 92008 VIRGINIA H MURPHY 1737 ROGUE ISLE CT CARLSBAD CA 92008 RONN & DIANNE L MEMEL 2451 BUENA VISTA CIR CARLSBAD CA 92008 BEACH HOMEOWNERS ASSN 7720 EL CAMINO REAL #2A CARLSBAD CA 92009 MICHAEL PWOODIN 2445 MOUNTAIN VIEW DR CARLSBAD CA 92008 CARLSBAD SANITATION DISTRICT 5950 EL CAMINO REAL CARLSBAD CA 92008 M J F N HOLDING LLC 2501 STATE ST CARLSBAD CA 92008 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 STATE OF CALIFORNIA PO BOX 942896 SACRAMENTO CA 94296 NEXT STEP INVESTMENTS FAMILY LTD PARTNERSHIP 590 LAGUNA DR CARLSBAD CA 92008 NOVEMBER MCCALL 624 LAGUNA DR CARLSBAD CA 92008 SHER FAMILY TRUST 08-03-95 727 SHERIDAN GLN ESCONDIDO CA 92025 PECK FAMILY TRUST 09-16-87 2750 E TANYA RD CAVE CREEK AZ 85331 MCMAHAN FURNITURE CO 2333 STATE ST #300 CARLSBAD CA 92008 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARC 810 MISSION AVE OCEANSIDE CA 92054 PATRICK WMCGUIRE 2609 OCEAN ST CARLSBAD CA 92008 BENCHMARK PACIFIC LTD 550 LAGUNA DR#B CARLSBAD CA 92008 DAVID C & LAURA C KURNER 2461 BUENA VISTA CIR CARLSBAD CA 92008 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA P O BOX 3000 CARLSBAD CA 92018 JOHN L DOWNEY 1201 PEMBROKE LN NEWPORT BEACH CA 92660 DONALD R & MAGANA WANDA L ADAMSON 270 PACIFIC AVE CARLSBAD CA 92008 ANDERSON FAMILY TRUST 11- 01-00 1846 POUMELEWAY OCEANSIDE CA 92054 Etiquettes f aciies a peier j Utilisez le gabarit AVERY® 5160®/8160'"= ! ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA P O BOX 3000 CARLSBAD CA 92018 • Sens de chargement Repliez a la hachure afin de | rev6ler le rebord Pop-up*""- J MARK BENJAMIN P O BOX 7050 RCHO SANTA FE CA 92067 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160TM VENSTROM FAMILY TRUST 08- 03-04 2933 LANCASTER RD CARLSBAD CA 92010 ELLEN SPEERT 2633 STATE ST CARLSBAD CA 92008 BALLERINl FAMILY TRUST 08-22- 77 P O BOX 2689 VISTA CA 92085 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 ARTUKOVIC FAMILY TRUST 1815 iVYRD OCEANSIDE CA 92054 Bend along line to expose Pop-up Edge™ NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD 810 MISSION AVE OCEANSIDE CA 92054 EDWARDS J K S G 3980 ADAMS ST CARLSBAD CA 92008 VINCENT & NINA SGUEGLIA PO BOX 1067 CARLSBAD CA 92018 ARTUKOVIC FAMILY TRUST 1815 IVYRD OCEANSIDE CA 92054 ARMY & NAVY ACADEMY CARLSBAD CALIFORNIA PO BOX 3000 CARLSBAD CA 92018 AVERY® 6240™ I CANTABRANA 2005 TRUST 02-19 05 2639 STATE ST CARLSBAD CA 92008 ERE PROPERTIES LLC 1054 LASOMBRADR SAN MARCOS CA 92078 LEONARD & DORIS SCHROEDER 2407 CROCUS DR BAKERSFIELD CA 93311 ARTUKOVIC FAMILY TRUST 1815 IVYRD OCEANSIDE CA 92054 EDMUND & EDITH SMITH 3271 WESTWOODDR CARLSBAD CA 92008 CARLSBAD VILLAGE TOWNHOMES LLC 4444 ADAMS ST CARLSBAD CA 92008 BLACKBURN 2000 TRUST B 06- 13-00 202 RAINBOW LN OCEANSIDE CA 92054 BLACKBURN 2000 TRUST B 06- 13-00 202 RAINBOW LN OCEANSIDE CA 92054 SWANSON FAMILY TRUST 07-17- 00 24 BLUFF VW IRVINE CA 92603 TREJO FAMILY TRUST 07-16-02 3383 ADAMS ST CARLSBAD CA 92008 MICHAEL A & KIMBERLY A CHAMBERLAIN 2653 ROOSEVELT ST CARLSBAD CA 92008 RICHARD L JONES 2608 STATE ST CARLSBAD CA 92008 l^tiquettes faciies a peier j Utilisez le gabarit AVERY® 5160®/8160"' j BEECHTREE OFFICE BUILDING PARTNERSHIP 580 BEECH AVE #A CARLSBAD CA 92008 EDMUND & EDITH SMITH 3271 WESTWOODDR CARLSBAD CA 92008 HUSTON FAMILY TRUST 05-18-92 P O BOX 547 CARLSBAD CA 92018 CSTATE LLC 2244 S SANTA FE AVE #B2 VISTA CA 92084 BLACKBURN 2000 TRUST B 06- 13-00 202 RAINBOW LN OCEANSIDE CA 92054 GANGES CARLSBAD LLP 10946 MADRONADR NORTH SAANICH, BC V8L 5P2, 0 2621 ROOSEVELT LLC PO BOX 1707 FALLBROOK CA 92088 ANA M CABO 2568 STATE ST CARLSBAD CA 92008 • Sens de charaement Repliez h la hachure afin de j reveler le rebord Pop-up"^ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ ANGELINA VASQUEZ 2564 ROOSEVELT ST CARLSBAD CA 92008 PEDRO E & MYRNA Y RECINOS 2566 ROOSEVELT ST CARLSBAD CA 92008 THOMAS PAGE 2572 ROOSEVELT ST CARLSBAD CA 92008 JEANIE SCHEXNAYDER 2578 ROOSEVELT ST CARLSBAD CA 92008 S D C PROPERTIES LLC 2155 RAMONA LN VISTA CA 92084 Bend along line to j expose Pop-up Edge™ j RYAN LLEWELLYN 2562 ROOSEVELT ST CARLSBAD CA 92008 KAREN C ROBBINS 2568 ROOSEVELT ST CARLSBAD CA 92008 BEVERLY A STAVRON 2574 ROOSEVELT ST CARLSBAD CA 92008 JENNIFER BOLAND 2576 ROOSEVELT ST CARLSBAD CA 92008 JEFFREY S & KAREN M FULLER 605 LAGUNA DR CARLSBAD CA 92008 AVERY® 6240™ I A MARTIN V & MARIA 1 ALCANTAR 2560 ROOSEVELT ST CARLSBAD CA 92008 LUISA LOPEZ 2570 ROOSEVELT ST CARLSBAD CA 92008 CHRISTA DWYER 2580 ROOSEVELT ST CARLSBAD CA 92008 H S ERGIN P O BOX 218 CARLSBAD CA 92018 ROBERTO F & SARA G ROJAS 2650 ROOSEVELT ST CARLSBAD CA 92008 Etiquettes faciies i peier | Utilisez le qabarit AVERY® 5160®/8160"= ] • Sens de charaement Repliez a la hachure afin de | r6v6ler le rebord Pop-up"' j www.avery.com 1-800-GO-AVERY 1 I I T k Easy Peel® Labels Use Avery® Template 5160®/8160T" LANCER INDUSTRIES INC 1547 AVENIDA LA POSTA ENCINITAS CA 92024 CSTATE LLC 2244 S SANTA FE AVE #B2 VISTA CA 92084 Bend along line to j expose Pop-up Edge™ j AVERY® 6240™ I k COOPER & MARY E BLANTON 49155 RANCHO POINTE LA QUINTA CA 92253 JEREMY S & TAMARA D WESTFALL PO BOX 18167 PHOENIX AZ 85005 MICHAEL J HULBERT 563 LAGUNA DR CARLSBAD CA 92008 FRANCESCO DORIGO 1609 SAPPHIRE DR CARLSBAD CA 92011 BECKMAN FAMILY TRUST 11-09- 00 P O BOX 484 RANCHO SANTA FE CA 92067 DEENA A VOELLINGER 31110 MARIPOSA PL TEMECULA CA 92592 MICHAEL J & LORIE J OLLIVIER 2479 W FIR AVE FRESNO CA 93711 565 LAGUNA LLC 6904 DOVER CT HIGHLAND CA 92346 BETTY LEWIS 2569 ROOSEVELT ST CARLSBAD CA 92008 BECKMAN FAMILY TRUST 11-09- 00 P O BOX 484 RANCHO SANTA FE CA 92067 BROWN L & LACOMBE JAN BRUCE P O BOX 787 CARDIFF CA 92007 SUSAN ALTMAN 39 FRYENDALL CT GENEVA IL 60134 CARL F & PATRICIA BOODE P O BOX 65387 TUCSON AZ 85728 CARLA A HORNER 571 LAGUNA DR CARLSBAD CA 92008 KATHRYN1BUSSEY 581 LAGUNA DR CARLSBAD CA 92008 BARBARA A B KUPPER 7449 TRACY ST LEMON GROVE CA 91945 MARK & CHRISTINE SANDERSON 439 GRAND DR #311 BIGFORK MT 59911 STAN S KATZ P O BOX 235481 ENCINITAS CA 92023 TRACY S TEMPLETON 577 LAGUNA DR CARLSBAD CA 92008 MARGARET EARDLEY 583 LAGUNA DR CARLSBAD CA 92008 JOHN & JOSE JEANNETTE S SOUMBASAKIS 2612 N WESTWOOD AVE SANTA ANA CA 92706 ROBERT A DUFF 2803 5TH ST NE WASHINGTON DC 20017 SEVILLE HOLDINGS LLC 8080 LA JOLLA SCENIC DR N LA JOLLA CA 92037 RICHARD W HERRING 579 LAGUNA DR CARLSBAD CA 92008 MICHAEL J & LORIE J OLLIVIER 2479 W FIR AVE FRESNO CA 93711 CHAMBERS FAMILY TRUST 07- 25-02 200 VIA OSUNA RCHO SANTA FE CA 92091 NEMETH FAMILY TRUST 04-24-9C 1132 SAXONY RD ENCINITAS CA 92024 M S BROWAR PO BOX 81007 SAN DIEGO CA 92138 Etiquettes faciies a peier Utilisez le gabarit AVERY® 5160®/8160' • Sens de Chargement Repliez h la hachure afin de | reveler le rebord Pop-up""- ] vvww.avery.com 1-800-GO-AVERY I 1 June 3, 2014 I, Jan Jansson, ovmer of 2501 State Street oppose the State Street Townhomes for the following reasons: 1. The minimum density for this property under the Village Master Plan is 28 dwelling units per acre. This project wdll only be at 24.86. The fmdings for a Variance under the Village Master Plan to allow less density aren't outlined in the reports or resolutions and can't be found which makes the project inconsistent with the General Plan because: a. The project can be designed around the 20-foot public storm drain without sacrificing density. There is no topography issue depriving this property of privileges enjoyed by similarly zoned/vicinity properties; b. Allowing less density constitutes a grant of special privileges inconsistent with the requirement for residential development along North State Street; c. The variance is not consistent with the general purpose and intent of the General Plan, Village Master plan, or the code. 2. The Village Master Plan requires that development along North State Street be mixed use. Page 23 specifically requires "Housing Units above commercial uses along North State Street." The "Live/Work" concept is not a mixed use under the Village Master Plan. Furthermore, the "Provisional Use" findings in the Planning Commission Resolution states that the work aspect will be home office but the definition of Live/Work in the Village Master Plan states that it must be artistic professionals. You have no ability to allow home office use if artistic professional use is required. 3. The findings for Live/Work Provisional Use Findings outlined in the Resolution can't be made because it is defining it as home office inconsistent with the Village Master Plan and General Plan and the code. 4. You have the ability, and right, to require the Homeowner's Association to comply with the Village Master Plan and draft provisions in the Covenants Conditions and Restrictions that require only artistic professional uses. If you approve this project, uou must require the CC&Rs to outlaw all uses other than artistic professional outlined in the Village Master Plan. 5. This Project does not qualify for a Categorical Exemption for infill projects under the Califomia Environmental Quality Act because there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances of not being in compliance with the General Plan, Village Master Plan and code, as stated above. State Street TownhomesCT 13‐05/RP 13‐15June 4, 2014Shannon Werneke Location MapLAGUNA DRS T A T E S T OCEAN STNORMANDY LNBEECH AVBUENA VISTA CRPACIFIC AVCARLSBAD BLR O O S E V E L T S T LAGUNA DRS T A T E S T MOUNTAIN VIEW DRBEECH AVPACIFIC AVBUENA VISTA CRCARLSBAD BLR O O S E V E L T S T0200100Feet CT 13-05 / RP 13-15State Street TownhomesBuena VistaLagoon Existing Site Plan Proposed Site Plan Floor PlanLive/Work Units3rd2nd1st Ground Floor Work Space•Intended to be used as a home office•Encourages telecommuting•Uses which generate walk‐in customers are limited to definition for live/work units in Village Master Plan (i.e., graphic design/photography)  10 East Elevation(as viewed from State St.) Internal/Garage Elevations Floor PlanInclusionary Units/Standards ModificationMinimum:  12’ wide x 20’ deepProposed:  11’ wide x 19’ deepGarage door width:  8’ SedanSUVOne‐Car Garage Reduced Dimensions Inclusionary Housing Elevations Project West Elevation(as viewed from alley) DensityMinimum:  28 du/acProposed:  24.86 du/acFindings can be supported:Consistent with General PlanRemaining sites in Housing Element adequate to provide city’s share of regional housing General Plan Compliance•Enhances the Village as a place for living;•Catalyst for economic development near transportation corridor;•Provides inclusionary housing for ownership on‐site. Planning Commission ActionRecommended approval (4‐2), May 7, 2014Added condition for security gate at pedestrian access at public alleyDiscussion regarding adequacy of parking, reduced dimensions for one‐car garage, and allowable uses within live/work unitsCurrent definition of live/work units to be studied as part of Village Master Plan Update19 RecommendationThat the City Council ADOPTResolution No. 2014‐116 APPROVINGTentative Tract Map CT 13‐05 and Major Review Permit RP 13‐15 City Council Policy No. 43Excess Dwelling Unit AllocationNo units allocated for residential projects in the VillageRequesting allocation for 47 unitsConsistent with  City Council Policy No. 43‐Affordable housing provided‐Housing Policy Team recommended approval ‐Consistent with General Plan‐Adequate capacity exists in EDUB  Vicinity Location MapState Street Townhomes Proposed Site PlanState Street Townhomes ExistingProposedState Street Townhomes Village Master Plan –Land Use DistrictsProject LocationProject is Consistent with the Adopted Village MP and Residential Support area (District 4)State Street Townhomes 1 HC Van Accessible + 2 Open Parking Spaces6 Reserved Spaces for Inclusionary UnitsOn-Street Parking (additional parking not counted)Number of Parking Spaces (Exceeds minimum by 3 spaces):a)41 Market Rate Townhomes with 2-car garage (82 spaces)b)6 Inclusionary Townhomes with 1-car garages (6 spaces)c)9 Uncovered parking stalls provided•6 uncovered stalls reserved for inclusionary units (6 spaces)•2 uncovered open stalls (2 spaces, exceed minimum standard)•1 uncovered Van Accessible handicap stall (1 space, exceeds min. standard)State Street Townhomes Size of Parking Spaces:a)41 Market Rate Townhome Garages – Consistent with Standardsb)6 Inclusionary Townhome Garages - 1-car garage11’ x 19’ vs 12’ x 20’Justified by: •Separate space for trash and water heater•Each unit includes 1 full-size and Reserved open spaceInclusionary unit with Chevrolet Tahoe in GarageState Street Townhomes Live WorkHome Office•Home Office is permitted within a residential useLive Work Studios•The Village Master Plan defines Live Work Studios as:“Business Purposes involving creating or assembling arts, craft, graphic design, photography or other similar hand crafted products. On-site business activities may include in some but not all cases the display and sale of those hand-crafted goods.”•Planning Commission was generally interested in expanding Live Work uses to include Professional Offices and allow occasional walk-in clienteleState Street Townhomes State Street Townhomes