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Home My WebLink About2022-10-19; Planning Commission; ; A DISCUSSION ON THE LAYOUT OF PLANNING COMMISSION STAFF REPORTS (AGENDA ITEM NO. 2)Community Services Branch Community Development Department 1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-5088 t Planning Commission Memorandum October 19, 2022 To: From: Re: Chairperson Stine and Members of the Planning Commission Jeff Murphy, Community Development Director A DISCUSSION ON THE LAYOUT OF PLANNING COMMISSION STAFF REPORTS (AGENDA ITEM NO. 2) This memorandum is intended to help guide a discussion with city staff and Planning Commissioners on the functionality of the current Planning Commission staff report template, and possible ways it can be improved to simplify, clarify, and improve how information is disseminated. Background On July 6, 2022, the Planning Commission held a workshop which covered an array of different topics and subjects involving the roles and functions of the Planning Commission. As part of that meeting, staff discussed the purpose, format, and content of staff reports and inquired whether the commissioners would be interested in holding a future discussion that focused on ways to improve the layout of the current staff report template. Based on unanimous support from the Planning Commissioners present at the workshop, staff committed to returning within 90-days with a discussion item. Item No. 2 on the Oct. 19, 2022 Planning Commission agenda is intended to satisfy that commitment. Discussion As discussed at the July 6, 2022 Planning Commission workshop, staff reports act as the legal and public document of record for all actions and decisions made by the Planning Commission. As such, staff reports must contain that information needed to justify and support those actions and decisions (e.g., findings, conditions, resolutions). While this information needs be included in the staff report, there is some flexibility in HOW the information gets presented. There is no single “industry best practice” when it comes to how staff reports should be organized. And as reflected in Attachments A through I, the layout and structure of Planning Commission staff reports vary wildly from city to city. Nevertheless, staff considered how the other city staff reports were organized, current challenges in preparing reports using our current template, and some of the comments raised by commissioners and public regarding the readability of our staff reports and developed three possible options for a new staff report template. Item No. 2 October 19, 2022 Planning Commission Meeting Agenda Item No. 2 Page 2 While two of the three options have a very different look and feel, all three templates attempt to incorporate the following key features. • First page provides a comprehensive understanding of the item being considered • Body of staff report is organized to “tell a story” • Remove/reduce the amount of repeat text • Increase use of headings, subheadings, bullet points, and footnotes • Reduce length of staff report through use of attachments Attachment J is a staff report for “Jefferson Mixed Use;” a private development project that was approved by the Planning Commission on Aug. 17, 2022 (Agenda Item No. #2). To help visualize how these proposed templates would look in practice, and how they differ from our current template, staff populated each of the three options (Attachment K through M) with the same project information that was presented to the Planning Commission in the Aug. 17, 2022 staff report. Next Steps If directed by the Planning Commission, staff will develop a final Planning Commission staff report template that will be utilized for new meeting business starting with the first meeting in January 2023. Attachments: A. City of Chula Vista staff report B. City of Del Mar staff report C. City of El Cajon staff report D. City of Encinitas staff report E. City of Murrieta staff report F. City of Oceanside staff report G. City of San Diego staff report H. City of San Marcos staff report I. County of San Diego staff report J. Jefferson Mixed-Use Project; Aug. 17, 2022 PC meeting item 2 (Original Staff Report) K. Updated PC Template – Option 1 L. Updated PC Template – Option 2 M. Updated PC Template – Option 3 ATTACHMENT A P a g e | 1 ITEM TITLE Conditional Use Permit: Consideration of a Conditional Use Permit to Install a New Wireless Telecommunication Facility at an Existing Commercial Center on a 5.01-acre Site Located Within the Village Center (VC-5) Zone of the Eastlake II Specific Plan Location: The project is located at 851 Showroom Place within the "District of Eastlake” commercial center. Environmental Notice: The Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) State Guidelines. Recommended Action Conduct a public hearing and adopt a resolution approving a Conditional Use Permit (CUP) for a new Wireless Telecommunication Facility (WTF) consisting of a 55-foot mono-broadleaf tree at an existing commercial center, based on findings and subject to conditions contained therein. SUMMARY AT&T Wireless (the “Applicant”) requests approval of plans for a new WTF, consisting of twelve (12) panel antennas mounted on a 55-foot mono-broadleaf tree and 8-foot-high concrete masonry unit CMU) wall equipment enclosure (the “Project”). The Project is located at an existing commercial center within the Eastlake II Specific Plan. The property is owned by Eastlake Design District, LLC the “Property Owner”). Zoning for the project site is Village Center (VC-5) per the Eastlake II Specific Plan and the General Plan designation is Commercial Retail (CR). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because the proposed Project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. 2022-08-24 PC Agenda Page 4 of 40 P a g e | 2 DISCUSSION On December 15, 2021, the Applicant submitted an application for a CUP to install a new WTF at an existing commercial center located at 851 Showroom Place (the “Project Site”). In accordance with Chula Vista Municipal Code (CVMC) Section 19.89.060, the Planning Commission may allow stealth design facilities to exceed the zone district height limit. The maximum building height of the underlying zone for the project, Village Center (VC-5), is 35-feet and the proposed freestanding WTF will be 55-feet tall, thus an approval from the Chula Vista Planning Commission is required. Project Site Characteristics: The 5.01-acre Project Site is a commercial center located on the east side of Showroom Place, north of Otay Lakes Road between Fenton Street and Hunte Parkway (Attachment 1 – Location Map). To the north of the site is a vacant lot. To the south, which is part of the existing commercial center, are a combination of retail, service, and restaurant uses. To the east is an existing permitted parking/storage lot and to the west are existing single-family residential dwellings. The existing surrounding land uses are as follows: General Plan Zoning District Current Land Use Site Central Retail Village Center (VC-5) Commercial North Limited Industrial (IL) Business Center (BC-4) Vacant South Central Retail Village Center (VC-5) Commercial East Single-Family (RP-2) Residential Low Medium Single-Family Dwellings West Limited Industrial (IL) Business Center (BC-4) Parking/Storage Lot Project Description: The proposed project includes an unmanned WTF consisting of twelve (12) panel antennas mounted on a 55-foot-high freestanding structure designed to resemble a broadleaf tree. The mono-broadleaf tree will be located within four (4) existing parking spaces on the northeast corner of the Project Site. The facility also includes an 8-foot-high CMU wall, with a solid security gate, which will serve as an enclosure for the equipment and shelter the antenna structure. Other improvements include new landscape surrounding the enclosure which will help blend the project in with adjacent landscape areas. Additional planting material along the enclosure walls will provide protection against vandalism and graffiti. ANALYSIS In accordance with CVMC Chapter 19.89 (Wireless Telecommunications Facilities), WTFs are allowed in any zone, subject to a CUP. Facilities that exceed the height limit within the particular zone must consist of a stealth design and require Planning Commission approval of the CUP. The Project Site is zoned VC-5 (Village Center), which has a maximum height limit of 35-feet. The 55-foot mono- broadleaf tree will exceed the maximum building height limit by 20-feet. The proposed mono- broadleaf tree will be built to comply with the Wireless Ordinance’s Development Criteria and all 2022-08-24 PC Agenda Page 5 of 40 P a g e | 3 other applicable City zoning and building regulations. Access to the site shall be kept at a minimum and conducted in a manner that does not negatively impact the residents or business customers. Development Criteria for Wireless Facilities: The following provides an analysis of the Development Criteria in accordance with CVMC Section 19.89.060, the regulations for all wireless telecommunications facilities in terms of height, design, and co-location of wireless facilities. Height/Stealth Technology and Design The proposed stealth facility is designed to provide wireless telephone coverage in the area of the commercial center and through the residential areas near Proctor Valley Road. AT&T has demonstrated that the proposed 55-foot-high mono-broadleaf tree is necessary to close several gaps in coverage which will result in providing uninterrupted service to their customers. A facility built at the maximum building height (35-feet) would not be as effective at providing coverage to areas beyond the adjacent buildings constructed to the same height. In order to minimize the visual impact, the proposed facility and all associated equipment will be located on the northeast corner of the project site behind the existing commercial buildings and approximately 300-feet away from the public street. Even though the location of the facility will be adjacent to a residential neighborhood to the east, the project site is located approximately 115- linear-feet away and 50-feet above from the adjacent neighborhood’s elevation, thus only a portion of the mono-broadleaf tree will be visible to the residents. In addition, there are existing mature trees both on-site and off-site) which are of relatively the same height as the facility, helping it to further blend into the surrounding area. The facility will use a total of twelve (12) panel antennas mounted on a 55-foot-high mono-broadleaf tree that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs of the AT&T Wireless network in the area. The facility is designed to resemble a broadleaf tree to partially conceal the antennas. The freestanding structure and associated equipment will be sheltered within an 8-foot-high CMU wall enclosure. The entire enclosure will displace four (4) existing off-street parking spaces. In order to further blend the enclosure, staff has recommended that the applicant include additional landscaping between the enclosure walls and adjacent existing landscape so that the enclosure appears to be within a landscape planter area rather than within existing parking spaces. Lastly, the enclosure will be painted to match the existing buildings. Co-location Section 19.89.060 of the CVMC states that wireless facilities should allow for co-location to the extent possible. The subject site with the use of the mono-broadleaf tree was found to be the best option for providing additional wireless services. The additional height of the mono-broadleaf tree will provide sufficient space for future co-location by other carriers. CONCLUSION 2022-08-24 PC Agenda Page 6 of 40 P a g e | 4 Based on the analysis of the proposed project, staff recommends that the Planning Commission approve the proposed project subject to the conditions contained in the resolution. The proposed project is consistent with the Eastlake II Specific Plan and applicable provisions for wireless telecommunication facilities found in CVMC Chapter 19.89. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT All costs incurred processing this application are borne by the Applicant, resulting in no net fiscal impact to the Development Services Fund or the General Fund. ATTACHMENTS 1. Location Map 2. Resolution No. 2022-002 3. Project Plans 4. Coverage Maps 5. Photo Simulations Staff Contact: Arturo Ortuno, Associate Planner, Development Services Tiffany Allen, Deputy City Manager & Director of Development Services 2022-08-24 PC Agenda Page 7 of 40 ATTACHMENT B City of Del Mar Staff Report 1050 Camino Del Mar, Del Mar, California 92014-2698 . Telephone: (858) 755-9313.Fax: (858) 755-2794 www.delmar.ca.us PLANNING COMMISSION STAFF REPORT June 14, 2022 APPLICATIONS: CDP22-009, CUP22-001 REQUEST: A recommendation to the City Council for a Conditional Use Permit and Coastal Development Permit to remove the existing playground equipment and play surface at the Powerhouse Park Tot Lot and to install new play equipment and play surface including new swings, a new slide and climbing structure, other small ground-based play equipment; and to improve the drainage system beneath the play surface. APPLICANT/OWNER: City of Del Mar SITE LOCATION: Powerhouse Park; Tot Lot ASSESSOR PARCEL NUMBER: 299-230-26-00 ZONE: Public Parkland (PP) OVERLAY ZONES: Open Space, Beach, Coastal Bluff COMMUNITY PLAN DESIGNATION: The property is designated as Public Parkland in the South Beach Planning area and is intended to allow for a continuation of the open space, park use. ENVIRONMENTAL REVIEW: This project is listed among the classes of projects determined to have less than significant adverse effect on the environment and therefore, is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 Class 1- Existing Facilities. Staff has further determined that none of the six exceptions to the use of a categorical exemption would apply to this project (CEQA Guidelines Section 15300.2). HOUSING IMPACT: This project does not include the development of any housing units, therefore, approval of the requested discretionary development applications would not have an impact on the City of Del Mar’s housing supply or housing affordability. 1 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 2 of 8 BACKGROUND: The project site is located at Powerhouse Park, which is approximately 140,500 square feet in area and is situated between the Pacific Ocean and the 1600 block of Coast Boulevard. The western bluff that bounds the Park is approximately 600 feet in length and ranges in height from roughly 5 feet at the north end to 15-20 feet at the south end. The Powerhouse Community Center is situated at the north end of the Park and the existing Tot Lot is situated at the south end of the Park. Existing pathways encircle the Park leading to two established beach access points located at the north and center portions of the Park. Existing Tot Lot The existing Tot Lot structures include a swing set, play structure (slides, bridge, and climbing equipment), and two smaller rocker toys made of a combination of wood and metal materials. The equipment sits on a rubberized play surface surrounded by short site-walls that define the perimeter of the play area. A small sand pit is located on the south side of the playground. Photographs of the existing Tot Lot can be found in Exhibit A. Related Permits and Hearings The Design Review Board recommended approval of the Design Review Permit at their hearing on May 25, 2022. It is a long-standing policy that the City Council take final action on discretionary permits for City projects. The recommendations from the Design Review Board and Planning Commission on the respective permits will be taken to Council for final action, which is tentatively scheduled for July 2022. ANALYSIS: Project Description: This project involves the removal of existing play equipment at the Tot Lot playground and to installation of new equipment including a swing set, climbing structure, sand pit table, and several small ground-based play equipment. The existing play surface wouldll be replaced with a new rubberized surface colored into a wave and beach pattern (see Exhibit B). The existing drainage would be replaced under the play surface to connect into the existing stormwater system on the southwest portion of the Tot Lot. These improvements would not involve or require any grading, new hardscape, or modifications to vegetation and the existing site walls are to remain as-is. The play equipment iswould change as follows (See Sheet CD3 for details on the climbing structure and swing set and Exhibit C for details on the other play equipment): 2 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 3 of 8 Equipment Existing Height Proposed Height Swings 7’ 9” 8’6” Slide and Climbing Structure 8’ 5” to the existing climbing pole 8’ 7” to the top of post of the taller play platform 7’ 7” to the top of post of the shorter play platform 11’ 1” to the “fireman’s pole” feature Approximately 9’ 7” to the top of guardrail of the taller play platform Approximately 7’ 10” to the top of guardrail of the shorter play platform Rocking Toys (2) 2’ 8” 1’4”-1’7” Standing Spin Toy (N/A) 3’3” Sand Pit Table (N/A) 4’ 6” Play Panels (2) (N/A) 5’ 7” PROJECT’S COMPLIANCE WITH THE COMMUNITY PLAN AND MUNICIPAL CODE: Development Criteria Project Compliance Use •Open Space Element; Community Plan; “Space F” Use should be compatible and relating to beach oriented activities The play equipment is a compatible use and replaces existing equipment at the existing Tot Lot. Setbacks •Open Space Element; Community Plan; “Space F” •DMMC 30.55(Coastal Bluff) Setback from bluff sufficient to protect structures against storm waves and beach bluff erosion without requiring sea wall construction; including a minimum 40 foot setback from the coastal bluff top edge. The Tot Lot would be redesigned and reconstructed in order to meet all current safety standards and to provide accessibility. The proposed play equipment would be roughly the same footprint as the existing, but the equipment will be spaced slightly different from the existing site walls and other equipment in order to allow for the required “fall zone” buffer areas surrounding the various pieces of play equipment. The existing swing sets are currently setback a minimum of 29’11” from the Coastal Bluff edge and the new swings would be located slightly further to the east at 31’3”. The City acknowledges that the proposed improvements located within 40 feet of the bluff edge cannot be afforded protection in the future. However, the proposed improvements 3 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 4 of 8 are minor and can be removed or relocated if impacted by future erosion or bluff failure. Lot Coverage •Open Space Element; Community Plan; “Space F” 10% maximum The new play equipment is similar in size to the existing whereas the Powerhouse Community Center and the Tot Lot structures combined would constitute less than 3% Lot Coverage within the Park’s boundaries. Public Access •Open Space Element; Community Plan; “Space F” Provide maximum public access The improved play structures would enhance the park experience. No changes are proposed to the Coastal Access path loop except to provide temporary safety during construction. This temporary closure of the path would not affect the access points down to the beach which are further north of the Tot Lot; only closure of a small portion of the path which provides access to the Tot Lot area. Story Poles Since the Tot Lot is still open to the public, the City prepared a visual exhibit to demonstrate the height of the proposed climbing structure (Exhibit D). Three story poles were temporarily attached to the existing play structure to demonstrate the tallest point of the new climbing structure at the “fireman’s pole” feature, which is located where the poles were installed for the photographic exhibits. Yellow string was placed at the 9’ 7” measurement of these poles to demonstrate the approximate location of where the guardrail panels around the taller slide platform would be located. Similarly, a green tape was placed on a pole and placed next to the existing swings to demonstrate the highest point of the proposed swing structure at 8’ 6”. Correspondence: As of the writing of this report, the Planning Department has not received any written correspondence regarding the proposed project. CONDITIONAL USE PERMIT 22-001 The findings required to grant a Conditional Use Permit are found in Chapter 30.60 and are shown on the following pages with recommended findings: 1.That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located. 4 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 5 of 8 Accessory structures for Park/Recreational Uses are allowed in the Public Parkland Zone, Open Space Overlay, Beach Overlay, and Coastal Bluff Overlay Zones. 2.That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements on such vicinity and zone in which the property is located. Replacing the existing playground equipment with new, safety rated structures is meant to improve the public health, safety, comfort, convenience, and general welfare of those using the Tot Lot by replacing older, well-worn equipment. Further, the equipment is compatible with the park/recreational use of the lot and will not adversely affect the established character for the surrounding neighborhood. It is designed in a way that will not be injurious to the people, property, or improvements in the vicinity and zone in which the property is located. 3.That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on the streets. The new playground equipment would replace existing equipment in an already established park playground and would not place any undue burden on public facilities. 4.That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, landscaping, and such other features as are required by this chapter or as are needed, in the opinion of the Planning Commission, or the City Council on appeal, are properly provided to be compatible and harmonious with nearby uses. The existing park (140,500 sq. ft.) is of adequate size to accommodate the replacement playground equipment and the replacement will not result in a change to the size or use of the existing playground area.. 5.That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan. This project is consistent with the goals, objectives, and policies of the Community Plan. COASTAL DEVELOPMENT PERMIT 22-009 The project site is located within the California Coastal Zone Appeals Area and, therefore, requires the receipt of a Coastal Development Permit (CDP). 5 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 6 of 8 The required findings for approval of the CDP are identified in DMMC Section 30.75.140. Recommended findings to support approval of the CDP are provided below: 1.That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located. Accessory structures for Park/Recreational Uses are allowed in the Public Parkland Zone, Open Space Overlay, Beach Overlay, and Coastal Bluff Overlay Zones. 2.That the proposal meets the criteria of the applicable chapters of this Title. The proposed project, as designed and conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically: Chapters 30.30 (Public Parkland); 30.50 (Beach Overlay Zone); 30.55 (Coastal Bluff Overlay Zone); 30.60 (Open Space Overlay Zone); 30.61 (Public Access); 30.74 (Conditional Use Permits); and 30.75 (Coastal Development Permits). This consistency is described in detail in the following finding. 3.That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program (LCP). The Coastal Development Permit, as conditioned, will be in conformity with the certified City of Del Mar Local Coastal Program. The project site is located within a special overlay zone identified in the LCP, the Coastal Bluff Overlay Zone. A geotechnical assessment concluded that replacing the existing playground equipment would not adversely impact the coastal bluff. The Tot Lot would be redesigned and reconstructed in order to meet all current safety standards and to provide accessibility. The proposed play equipment would be roughly the same footprint as the existing, but the equipment will be spaced slightly different from the existing site walls and other equipment in order to allow for the required “fall zone” buffer areas surrounding the various pieces of play equipment. The existing swing sets are currently setback a minimum of 29’11” from the Coastal Bluff edge and the new swings would be located slightly further to the east at 31’3”. The City acknowledges that the proposed improvements located within 40 feet of the coastal bluff edge cannot be afforded protection in the future. However, the proposed improvements are minor and can be removed or relocated if impacted by future erosion or bluff failure. No new grading, hardscape, or vegetation modifications are proposed as a part of this project. Further, the structure has been designed and located so as to not have adverse impacts on public access and views of the ocean. 4.That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act. 6 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 7 of 8 The project is consistent with and implements the applicable requirements for provision of public access contained in the Del Mar Zoning Code and in the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project is located between the first coastal roadway and the sea and, therefore, in the Coastal Commission appeals area. However, the public’s interest in gaining access to the shoreline is not affected by the development because two established beach access points already exist within the park and are not impeded by the proposed improvements. The pathway loop adjacent to the Tot Lot will be temporarily closed off for construction purposes for approximately three months (October-December on the current schedule) outside of high demand summer months. This portion of the path loop does not provide immediate access to one of the two beach access points at the beach and alternative paths will still be open so as to not impede access to the beach. 5.That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act. No shoreline protection devices are proposed as part of this project. 6.That the proposal is consistent with and implements the provisions of public view protection Policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan. The project is consistent with and implements the provisions of public view protection policies of the City of Del Mar Local Coastal Program, including those of the LCP Land Use Plan. The Park provides access to the scenic qualities of coastal resources. Due to its location and design, the project would not adversely affect any public views. The proposed single-story play structure (11 feet, 1 inch in height at the tallest point) would provide replacement playground equipment in the approximate same location as existing Tot Lot equipment in an area that will continue to provide for the public enjoyment of scenic views. The existing Tot Lot is located downslope from the public sidewalk at Coast Boulevard and is shielded by mature vegetation and existing train utilities along Coast Boulevard. The Design Review Board has reviewed this project further against the Design Review Ordinance, which assesses impacts on public scenic views and has recommended approval to the Coastal Commission. 7.That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan. The project site does not contain any identified wetland resource; and is not subject to the provisions of the Lagoon Overlay Zone. 7 June 14, 2022 Item 01 PLANNING COMMISSION STAFF REPORT: June 14, 2022 Page 8 of 8 In accordance with the procedural regulations of the certified LCP, the City’s action on the Coastal Development Permit will be reported to the California Coastal Commission’s Executive Director. The project is located in a Coastal Development Permit appeals area. The City’s action on the CDP application is, therefore, appealable to the California Coastal Commission. RECOMMENDATION: The proposed park improvements meet the development criteria for the Public Parkland, Coastal Bluff, and Open Space Overlay Zones. Therefore, staff recommends that the Board adopt the attached draft resolution to make a recommendation to the City Council to approve CDP22-009 and CUP22-001 (Exhibit E). Respectfully submitted, Jennifer Gavin, Associate Planner Planning Department Exhibit A – Existing Playground Equipment Exhibit B- Rubberized Floor Material Color Exhibit Exhibit C- Proposed Equipment Specifications Exhibit D- New Equipment Height Exhibit Exhibit E- Draft Resolution 8 June 14, 2022 Item 01 ATTACHMENT C CA]@Vmig04»11:2ValleyofOpporlun0yI>00r?94;ammoCommunityDevelopmentDepartmentCityofElCajonPLANNINGCOMMISSIONAGENDAREPORTAgendaItem:2ProjectName:LexusElCajonRequest:LexusdealershipadditionandremodelCEQARecommendation:ExemptSTAFFRECOMMENDATION:APPROVEProjectNumber(s):ConditionalUsePermitNo.2022-0001(CUP-2022-0001)Location:1000ArneleAvenueApplicant:ErikMarcussen;GroundFloorDesign,Inc.;erik@groundfloordesign.comProjectPlanner:SpencerHayes;shayes@e|cajon.gov;619—441—1656CityCouncilHearingRequired?NoIRecommendedActions:1.Conductthepublichearing;and2.MOVEtoadoptthenextresolutionsinorderapprovingCEQAexemptionandCUP-2022-0001,subjecttoconditions.PROJECTDESCRIPTIONTheproposedprojectisarenovationoftheexistingLexusElCajondealership,includingthedemolitionofanexistingshowroomandofficespace,constructionofanewshowroomandoffices,andanadditionforapartsstoragearea.ThedealershipislocatedonthenorthsideofArneleAvenuebetweenNorthMarshallAvenueandja‘ckmanStreetandisaddressedas1000ArneleAvenue.PursuanttothresholdsintheadoptedPlanningPolicyManual,apublichearingtoamendlegacyCUPNo.470isrequired,assubmitted.BACKGROUNDGeneralPlan:RegionalCommercial(RC)SpecificPlan:N/AZone:RegionalCommercial(C-R)OtherCityPlan(s):CUPNo.470RegionalandStatePlan(s):AirportLandUseCompatibilityPlan(ALUCP)NotableStateLaw(s):N/A ProjectSite82:ConstraintsThesubjectparcelisapproximately184,200squarefeet(4.23acres),however,CUPNo.470—whichoriginallyapprovedanautodealershipin1972—governstwoparcelsmakinguptheentireblockboundedbyArneleandNorthMarshallAvenuesandIackmanandPetreeStreets.Since1972,CUPN0.470hasbeenamendedfourtimes.Themostrecentamendmentwasprocessedin2006andalsoauthorizedaremodelandadditionforLexusElCajon.LexusElCajonoccupiesthewesterlyhalfofthesite.CommercialZonedevelopmentstandardsrequirea10-footexterioryardsetback.DuetoroadwideningalongNorthMarshallAvenue,theexistingservicereceptionandpartsbuildingobservesafive—footexterioryardsetback.Theprojectproposestocontinuethelegalnon—conformingfive-footsetbackforanadditional86feetforapartsstorageaddition.ZoningCodeChapter17.120allowsfortheexpansionofalegalnon~conformingstructurewithapprovalofaCUP,whichisincludedaspartofthisdevelopmentrequest.TheproposedstructurewouldnotresultinreducedViewdistanceorimpactstovehicularorpedestriansafetysincetherearenodrivewaysalongtheNorthMarshallAvenuefrontage.DuetotheproposedheightandproximitytoGillespieFieldAirport,theprojectisrequiredtoprovide”DeterminationofNoHazardtoAirNavigation”fromtheFAAorself-certifythattheprojectwillnotcreateanairnavigationhazardpursuanttotheALUCPandZoningCodesection17.260.060.Conditionsofapprovaladdressthisrequirement.SurroundingContextPropertiessurroundingthesubjectsitearedevelopedandzonedasfollows:DirectionZonesLandUsesNorthC~RCommercialshoppingcenter&religiousfacilitySouthC-RToyotaofElCajonEastC-RSubaruofElCajonWestC-RMedicalsupplystore&:constructionrentalsGeneralPlanThesubjectpropertyiswithintheRegionalCommercial(CR)landusedesignationoftheGeneralPlan.TheCRdesignationisintendedforabroadrangeofuseshavingregionalsignificance.AsidentifiedintheGeneralPlan,itistheCityintentiontoestablishandpromoteawell-definedautomotivesalesandserviceareaandtocapitalizeoncommercialredevelopmentopportunities. MunicipalCode/ZoningCodeThesubjectpropertyiswithintheRegionalCommercial(C-R)zone.InaccordancewiththeElCajonMunicipalCode(ECMC)CommercialLandUseTablesection17.145.150,afullserviceautomotivedealershiprequiresapprovalofaCUP.ACUPensurescompliancewithapplicabledevelopmentstandards,userestrictions,andcompatibilitywithsurroundingpropertiesandlanduses.DISCUSSIONTheproposedprojectconsistsofthedemolitionofanexisting4,500squarefootshowroomandtheconstructionofanew6,339squarefootshowroomandofficesand4,103squarefootpartsstoragearea.Otherimprovementsincludearelocateddriveway,rehabilitationoflandscapedareas,on—sitelightingimprovements,newpaintscheme,revisedparkingandvehicledisplayarea,andnewcoveredserviceentry.DevelopmentStandardsAsidefromtherequesttoexpanduponalegalnon-conformingexterioryardsetback,asdiscussedabove,theproposeddevelopmentprojectconformstotheunderlyingC-Rzonedevelopmentstandards:DevelopmentStandardRegulationsProposedLotCoverageN/A28%SetbacksBuilding—10feetBuilding—5feetParking-10feetParking-10feetBuildingHeightMaximum35feet27feet7inchesBuildingDesignTheproposedshowroomfacadeiscladinaluminumcompositematerialpanelswithsubstantialwindowareas.Otherportionsoftheproposedshowroomaresplitfaceconcretemasonryunit(CMU)block,finishedingrey.Theoverallcolorschemehasbeenmodernizedfromtanearth-tonestocoolergreycolorsandmetalfinishes.Thetallestportionoftheshowroomisproposedat27feet,7inchesinheight,withthebulkofthestructurerising21feet,5inches.TheproposedpartsstoragestructureisCMUconstruction.TwodifferentCMUblockfinishesareproposedtocomplementthedesignoftheexistingstructure.ParkingTheprojectissubjecttoECMCsection17.185220ParkingStandards.Basedonproposedbuildingareaandparkingratios,151parkingspacesarerequired.151spacesareprovidedacrossthedevelopment.Additionally,pursuanttoChapter17.185ParkingStandards,allnon-residentialdevelopmentsrequiringaCUParerequiredtoprovideanumberofbicycleparking spacesequaltonotlessthan10percentoftherequiredvehicularparking.Bicycleparkingisaddressedasaconditionofapproval.LandscapeThesiteincludeslandscapedareasinexterioryards.Someofthelandscapeplanters,especiallythosealongthenorthstreetfrontageatPetreeStreet,areindisrepair.Theproposalincludesrehabilitatedlandscapeplantersandnewlandscapingattherelocateddriveway.ThesitewillbesubjecttoapprovalofaLandscapeDocumentationPackageandconsistencywiththeCity'sWaterEfficientLandscapeOrdinance.Conceptuallandscapeplansareincludedintherequest.FINDINGSPursuanttoECMCsection17.50.060,thefollowingfindingsmustbemadeinordertoapproveaCUP:A.Theproposeduseisconsistentwithapplicablegoals,policies,andprogramsofthegeneralplan,andwithanyapplicablespecificplan.TheproposedmodificationtotheautomotivedealershipisconsistentwiththeRegionalCommercialGeneralPlandesignationandzoningdistrict.PursuanttoObjective9-2oftheGeneralPlan,itistheCity'sintentiontoestablishawell-definedautomotivesalesandserviceareaandtocapitalizeoncommercialredevelopmenttosupportandretainacompetitiveregionalcommercialbase.B.Theproposedsiteplanandbuildingdesignareconsistentwithallapplicableuseanddevelopmentstandards.ThePlanningCommissionmay,upongrantingofaCUP,allowtheexpansionofanon-conformingexterioryardsetback,asrequested.AsidefromtheexterioryardsetbackalongNorthMarshallAvenue,theoverallsiteplanandbuildingdesignareincompliancewiththeC-Rzonedevelopmentstandardsformaximumbuildingheight,minimumparking,on-sitelighting,andlandscaperequirements.C.Theproposedusewillbeoperatedinamannerthatiscompatiblewithexistingandplannedlandusesinthevicinityoftheproposeduse.Theproposedadditionandremodeldoesnotmodifytheuseasanautodealership.Thesitehasoperatedasanautodealershipsincethe19703andissurroundedpredominatelybyotherautodealershipsandregionalcommercialuses.Theuseisexpectedtoremaincompatiblewithpropertiesandusesinthevicinityifitcontinuestooperateinconformancewithdevelopmentstandardsanduseregulations.D.Theproposeduseandprojectdesignwillnotbedetrimentaltothepublichealth,safety,andgeneralwelfare,includingbutnotlimitedtomattersofnoise,smoke,dust,fumes,vibration,odors,andhazardsorexcessiveconcentrationsoftrafi‘ic.Theproposedmodificationstothedealershiphavebeenreviewedbybuilding,engineeringandplanningforcompliancewithallapplicableregulations.Theproject hasbeenrecommendedforapprovalwithconditionstoensureitisdevelopedandperformstoCitystandardsandthatitdoesnotbecomeapublicnuisance.Conditionsofapprovalincludeon-siteimprovementssuchaslightingandlandscaping.E.Theproposeduseisinthebestinterestofpublicconvenienceandnecessity.TheproposedmodificationsmodernizetheautodealershipandprovideconveniencetoexistingandfuturecustomersofLexusElCajon.Further,theyaddeconomicandvisualqualitytothetaxbaseandbuiltenvironment.TheconcentrationofautodealershipsinthevicinityofNorthMarshallandArneleAvenuesissynergisticandprovidesageneralconveniencetothepublic.CALIFORNIAENVIRONMENTALQUALITYACTTheproposedprojectconsistsoftheredevelopmentofanexistingautomotivedealershipwithareplacedshowroomandofficesandadditionforpartsstorage.TheproposeddealershipmodificationsareexemptbasedontheprovisionsoftheCaliforniaEnvironmentalQualityAct(CEQA)accordingtosection15332oftheCEQAGuidelines.Section15332providesanexemptionforprojectscharacterizedasin—filldevelopmentthatareconsistentwiththeGeneralPlan;conformtotheapplicablezoningdesignationandregulations;areonasiteofnotmorethanfiveacres;havenovalueashabitatforendangered,rareorthreatenedspecies;andareadequatelyservicedbyallrequiredutilitiesandpublicservices.Therefore,section15332isanappropriateexemptionfortheproposedproject.PUBLICNOTICE8:INPUTAnoticeofthispublichearingfortheprojectwasmailedonAugust4,2022,toallpropertyownerswithin300feetoftheprojectsiteandtoanyonewhorequestedsuchnoticeinwriting,incompliancewithGovernmentCodesections65090,65091,and65092,asapplicable.Asapublicservice,thenoticeswerepostedinthekioskatCityHallandontheCity’swebsiteunder”PublicHearings/PublicNotices.”ThenoticeswerealsomailedtothetwopubliclibrariesintheCityofElCajon,locatedat201EastDouglasAvenueand576GarfieldAvenue.Nopubliccorrespondencewasreceived.RECOMMENDATIONTheproposedLexusElCajonadditionandremodelmodernizesthefacilityandhelpsimplementthegoalsoftheGeneralPlanforsupportandretentionofacompetitiveregionalcommercialbase.Staff’srecommendationisthatthePlanningCommissionapproveCUP-2022-0001,subjecttotheproposedconditions. PREPAREDBY:REVIEWEDBY:SfincmNoahAlveyASSOCIATEDEPUTYPLANNERDIRECTOROFCOMMUNITYDEVELOPMENTATTACHMENTSPublicHearingNotice/LocationMapProposedResolutionAPPROVINGCEQAExemptionProposedResolutionAPPROVINGCUP—2022-0001AerialPhotographofSubjectSiteApplicationandDisclosureStatementSitePlan(1:ConceptualLandscapePlanNQ‘WPWN!‘ColoredElevationsAPPROVEDBY:DIRECTROFCOMMUNITYDEVELOPMENT ATTACHMENT D PLANNING COMMISSION AGENDA REPORT Development Services Department Agenda Item: 6D Project Name: Van Den Boom Residence Request: Demolition of all onsite structures, and significant renovation of an existing three-unit structure (existing duplex with an affordable unit) to a two-unit structure (a duplex) with additions including the construction of a new accessory dwelling unit (ADU) above a new detached garage, on an existing lot with site improvements. Discretionary Actions: Design Review (DR) Coastal Development Permit (CDP) CEQA Determination: Exempt STAFF RECOMMENDATION: APPROVE Project Number: MULTI-005396-2022, DR-005397-2022, and CDP-004879-2021 Location: 206 Sunset Drive Community: Old Encinitas APN: 256-400-14 Applicant: Esther and Dick Van Den Boom Representative: Soheil Nakhshab, Nakhshab Development and Design Project Planner: J. Dichoso, AICP, Associate Planner jdichoso@encinitasca.gov Commission Meeting Date: August 4, 2022 City Council Hearing Required? No Report Approval: Anna Colamussi, Planning Manager Recommended Actions: 1.Conduct the public hearing; and 2.Adopt the resolution APPROVING the project, subject to conditions. AUGUST 4, 2022 ITEM 6D 1 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 2 of 35 SUMMARY AND KEY CONSIDERATIONS The proposed project is a request for a Design Review Permit (DR) and Coastal Development Permit (CDP) for the demolition of all onsite structures, significant renovation of an existing three- unit structure (existing duplex with an affordable unit) to a two-unit structure (a duplex) with additions including the construction of a new accessory dwelling unit (ADU) above a new detached garage, on an existing lot with site improvements. The two-unit structure includes a single-family attached residence and an affordable unit as described below. Encinitas Municipal Code (EMC) Section 23.08.040B (Authority to Grant Permit) requires the Planning Commission to authorize a final determination for a design review permit for exterior additions to existing buildings and structures when the proposed project exceeds 500 square feet of additional floor area. The proposed project includes a 2,538-SF addition, which requires Planning Commission approval. Government Code Section 66300 (The Housing Crisis Act of 2019 (HCA)) aims to increase residential unit development and protect existing housing inventory. The project complies with this government code section by maintaining the current number of units, and preserves the onsite “protected” affordable unit. Compliance with the HCA is further discussed below. PROJECT DESCRIPTION The applicant proposes the scope of work and associated discretionary actions: 1. Design Review Permit (DR): The project proposes a significant renovation of an existing three-unit structure (existing duplex with an affordable unit) to a two-unit structure (a duplex) with additions including the construction of a new accessory dwelling unit (ADU) above a new detached garage, on an existing lot with site improvements. The addition is primarily located along the southern portion of the existing residential structure, and the new ADU and detached garage is located in the southern portion of the property. The Design Review Permit covers the following scope of work: Unit 1 (Primary Unit) 2 (Affordable Unit) 3 Mechanical/ Storage Totals Existing Basement 0 300 300 529 1,129 Existing Lower Level 0 0 1,979 0 1,979 Existing Upper Main Level 1,665 0 0 0 1,665 Existing Total 1,665 300 2,279 529 4,773 Basement Addition +904 +212 <300> <529> +287 Lower-Level Addition +2,334 0 <1,979> 0 +355 Upper Main Level Addition +1,367 0 0 0 +1,367 Total Addition +4,605 +212 <2,279> 0 +2,538 AUGUST 4, 2022 ITEM 6D 2 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 3 of 35 New Basement 904 512 0 0 1,416 New Lower Level 2,334 0 0 0 2,334 New Upper Main Level 3,032 0 0 0 3,032 Grand Total 6,270 512 0 0 6,782 Currently, there is no onsite garage. An 824-SF garage is proposed to benefit the primary Unit 1. Unit 3 was removed from the main structure and would be reconstructed as a detached 1,200-SF ADU with a 750-SF, three-car garage located in the southern portion of the property. The residence is of a contemporary architecture style with a flat roof, an off-white stucco exterior with stone veneer, clear anodized aluminum windows and door frames, and off- white handrails for the western façade deck. The project includes site improvements and landscaping detailed in the project plans and summarized below. 2. Coastal Development Permit (CDP) - The proposed project is located within the Coastal Zone of the City of Encinitas and requires approval of a Coastal Development Permit for the project to determine compliance with the City’s Local Coastal Program. PROJECT ANALYSIS Background In accordance with Government Code Section 66412.6(a), a Grant Deed’s legal description dated prior to March 4, 1972 is proof to confirm a legal lot status. The applicant provided a Grant Deed dated December 10, 1969 (Document No. 224017), which confirmed the legal lot status of the subject property. The following permit actions have taken place on the property: ▪ The County of San Diego Residential Building Record (RBR) indicated that the residential structure was built as a multi-level duplex in 1943 under the County of San Diego prior to the city’s incorporation. The existing duplex, two-family dwelling unit, is consistent with Encinitas Municipal Code (EMC) Section 30.04 (Definitions – Dwelling, Two-Family). ▪ The RBR indicated that the garage and basement was converted into a living unit (identified as “apartment”) in 1959. ▪ Case No. 97-008 ADP (Affordable Dwelling Policy) dated January 9, 1997 legalized an unpermitted, third dwelling unit on a site within a two-unit structure (duplex). ▪ Pursuant to the 1997 ADP approval, Building Permit 96-1567 dated March 31, 1997 authorized the authorized the conversion of the existing two-unit structure (duplex as 206 and 208 Sunset Drive, Units 1 and 3, respectively) to a three-unit structure (the additional unit addressed as 206A Sunset Drive, Unit 2) and received final occupancy on March 31, 1997. AUGUST 4, 2022 ITEM 6D 3 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 4 of 35 ▪ Document No. 1999-0081244 dated February 9, 1999 was recorded pursuant to Case No. 1997-008 ADP to restrict future tenants of the third dwelling unit to be qualified as “low- income,” and the dwelling unit be reserved as affordable housing for “low” income households in perpetuity. Prior to building permit issuance, Specific Conditions SCA1 And SCA2 would release this covenant and record a new covenant respectively. Government Code Section 66300(d)(2)(F)(vi) defines the affordable unit as a “protected unit” as further described below. Project Site Characteristics The table below summarizes the project site’s characteristics including relevant application of policies and development standards. General Plan Residential 3 (R3) Specific Plan None Zoning District R3 Zoning Overlay Coastal Overlay Zone Key City Plan 1997 Affordable Dwelling Unit Policy Notable State or Regional Plan and Law Government Code Section 65852.2 (Accessory Dwelling Units) Government Code Section 66300 (Housing Crisis Act of 2019) The project site is developed with an existing three-unit structure (a duplex with a protected affordable unit). The project site is located within the community of Old Encinitas in the Residential 3 (R3) zone and Residential 3 General Plan Land Use Designation. The project site is also located within the Coastal Zone. Pursuant to Encinitas Municipal Code (EMC) Section 30.08 (Zones), the R3 Zone provides for primary single-family residential units with accessory uses. Because the property is developed with an existing three-unit structure and not compliant with the underlying R3 zone, the residential use is legal nonconforming as discussed below in the Municipal Code Analysis. The lot is similar in size and use to other lots in the vicinity. Public improvements and utility services are available to serve the site. The project site includes a slope gradient greater than 10 percent downward from northeast to southwest generally. Access to the project site is made directly to Sunset Drive. Adjacent Area Direction General Plan & Zoning District Community Character Context Land Use North Residential 3 (R3)/R3 Inland Residential-Gridded Single-family residence South Residential 3 (R3)/R3 Inland Residential-Gridded Single-family residence East Residential 3 (R3)/R3 Inland Residential-Gridded Single-family residence West Residential 8 (R8)/N-R8 Inland Residential-Gridded Single-family residences The area surrounding the project site is previously developed with residential uses that were developed primarily in the 1960s and 70s. Streets rarely have sidewalks and curbs. The area surrounding the property includes a mix of single-family and two-family residential structures having a mix of architectural styles, ages, and one or two stories. The proposed project is consistent with the existing surrounding character, land use, and zoning. AUGUST 4, 2022 ITEM 6D 4 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 5 of 35 General Plan Consistency The City of Encinitas General Plan includes a number of goals and policies that guide development and land use within the City. A discussion of how the project is consistent with the applicable General Plan policies is summarized below: General Plan Goal or Policy Explanation of Project Conformance LAND USE POLICY 1.1 - Strive to maintain a balance of housing types in the City. The project would renovate an aging residential structure in an established residential area and would maintain its multi-family residential housing in the immediate area which would provide a diversity of housing types. LAND USE POLICY 1.2 - Strive to provide a wide variety of housing types so that a range of housing needs and tastes will be made available to existing and future residents. The applicant is maintaining a housing type consistent and appropriate with the existing surrounding development that would lend to the tastes and needs of existing and future residents. The application protects an affordable housing unit for “low” income households consistent with State Law. The units on the property would provide a diversity of housing types for residents consistent with this policy. LAND USE POLICY 6.3 - City code enforcement personnel shall identify, investigate and abate illegal uses, structures and activities. Document No. 1999-0081244 dated February 9, 1999 was recorded pursuant to Case No. 1997-008 ADP to restrict future tenants of the third dwelling unit to be qualified as “low-income,” and the dwelling unit be reserved as affordable housing for “low” income households in perpetuity. Prior to building permit issuance, Standard Condition SCA1 and SCA2 would release this covenant and record a new covenant respectively. Government Code Section 66300 defines the affordable unit as a “protected unit.” HOUSING ELEMENT POLICY 1.2 - Strive to provide a wide variety of housing types so that a range of housing needs and tastes will be made available to existing and future residents. The applicant is maintaining a housing type consistent and appropriate with the existing surrounding development that would lend to the tastes and needs of existing and future residents. The application protects an affordable housing unit for “low” income households consistent with State Law. The units on the property would provide a diversity of housing types for residents consistent with this policy. Municipal Code Analysis Below is a table summarizing how the proposed project meets the applicable zoning standards for the R3 zone. AUGUST 4, 2022 ITEM 6D 5 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 6 of 35 Development Standard Proposed Project Complies? Minimum Net Lot Area: 14,500 square feet (SF) 18,930 SF Yes No Minimum Lot Width - 80 feet 150 feet Yes No Minimum Lot Depth - 100 feet 200 Yes No Front Yard Setback - 25 feet SFR - 21 feet- 9 inches Yes No * Interior Side Yard Setback – 10 feet SFR - 5 feet – 9 ¼ inches (North) ADU – 14 feet (South) Yes No * Exterior Side Yard Setback – 10 feet (Sunset Drive) SFR – 10 feet ADU – 10 feet Yes No Rear Yard Setback – 25 feet SFR – 51 feet- 2 inches ADU – 10 feet Yes No Lot Coverage (Net Lot Area) – 35 percent 25.23 percent** Yes No Building Height – Upper portion of lot - 12 feet/16 feet from the elevation of the uphill property line since the project site is greater than 10% in slope – Lower portion of lot - 22 feet/26 feet Upper portion of lot - Complies with the 12-foot height limit at the uphill portion of the lot applicable to flat roofs on lots greater than 10 percent in slope. Lower portion of lot – 22 feet *See elevations. Yes No Parking – Three parking spaces are required for a single-family residence greater than 2,500 square feet. Two spaces are required within a garage and the third space may be enclosed or unenclosed. Two enclosed parking spaces are provided in the attached garage to the primary single-family residence. There is a third parking space identified in the driveway. Yes No Parking (ADU) - One parking space shall be required for an ADU. EMC Section 30.48.040T18(d)i requires no additional parking for an ADU when located within one-half mile of public transit. Public transit is located nearby on North Coast Highway 101. However, the project scope includes an enclosed three- car garage for the ADU. Yes No * See Legal Nonconforming discussion below. ** Government Code Section 65852.2 (Accessory Dwelling Units) allows for the exemption of up to 800 SF for Accessory Dwelling Units. Legal Nonconformities Based upon the Residential Building Record from the County Recorder’s Office and staff review of the project, the subject property has the following legal nonconformities since the structure was built prior to the city’s incorporation. In accordance with EMC Section 30.76.050 of the Municipal AUGUST 4, 2022 ITEM 6D 6 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 7 of 35 Code, the applicant can maintain existing legal nonconformities as long as they are not enlarged, relocated, or increased in intensity. 1. Land use. The three-unit structure (a duplex, a two-family dwelling unit, with a protected affordable unit) does not conform to the underlying single-family zone (R3) in accordance with EMC Chapter 30.09 (Zoning Matrix). However, the project proposes to convert the three-unit structure to a two-unit structure (a duplex). EMC Section 30.08 (Zones) states the R3 Zone provides for primary single-family residential units. One primary dwelling is permitted on each legal lot contrary to the existing three dwelling units onsite and the proposed two dwelling units onsite. Therefore, the property maintains a legal nonconforming density and is subject to the provisions of EMC Chapter 30.76 (Nonconformity). Government Code Section 65852.2 permits the proposed accessory dwelling unit (ADU) to be located onsite with the proposed primary two-unit structure. 2. Parking within the front yard setback. Section I.B. (Open Parking) prohibits parking within the 25-foot front yard setback. Apart from the main driveway, the site also includes parking (an existing concrete pad) behind a gate beneath a giant pine tree within the front yard setback at the northeast corner of the property. Since the parking location was established prior to the city’s incorporation, the existing parking within the front yard setback is legal nonconforming. 3. Front yard setback. The R3 zone requires a 25-foot front yard setback. The house encroaches approximately 3.5 feet into the front yard setback. Because the residential structure was built in 1943 under the County of San Diego prior to the city’s incorporation, the side yard setback encroachments are legal nonconforming. 4. Interior side yard setbacks. The R3 zone requires a 10-foot interior side yard setback. The house encroaches into the northern side yard setback as close as five foot-nine inches, and six feet-11 inches, and eight feet-two inches to the northern property line. Because the residential structure was built in 1943 under the County of San Diego prior to the city’s incorporation, the side yard setback encroachment is legal nonconforming. 5. EMC 30.76.120A (Remodeling or Reconstruction of Residential Buildings with Structure/Use Nonconformity) allows for the renovation of a project of four or fewer dwelling units. The project includes three dwelling units. The project complies with the following code sections. Code Section Project Compliance 1. An increase to the “intensity” of a nonconforming structure/use would refer to: See below. a. Expanding the structural nonconformity, e.g., not meeting development standards. The setback encroachments listed above do not expand the structural nonconformities. b. Any additions to a nonconforming use (e.g., an existing duplex in a single-family zone) that would expand or intensify the nonconforming use. Expansions/ additions to such nonconforming uses shall not be considered an intensification The project proposes to renovate an existing three-unit structure (a duplex with a protected affordable unit) to a two- unit structure (a duplex including an affordable unit) and a detached ADU. AUGUST 4, 2022 ITEM 6D 7 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 8 of 35 when the combined development of all units on the subject property does not exceed the cumulative limitations of the underlying zone. Where more than one dwelling unit exists on a legal lot, the development allowances of the underlying zone shall be applied on a pro- rata basis (for example, if two dwelling units exist on one lot, each would be allowed one half of the lot coverage and/or floor area ratio applicable to the zone). Where all of the units on the lot are under common ownership, or, in the case of multiple ownership, where all owners of units on the property are in agreement, a different combination of percentages may be established and recorded on the subject property by covenant. Three units are maintained onsite. There is no net loss of onsite units. All units are under one owner therefore there is no requirement to apply the development allowances of the underlying zone on a pro-rata basis. c. An addition for the enclosing of parking shall not be considered an increase in intensity of the nonconforming use. Currently, there is no onsite garage. A 824-SF garage is proposed to benefit the primary Unit 1. d. Conversion of a nonconforming detached accessory structure from a non-habitable use type (for example, storage building or garage) to a habitable structure type (for example, a portion of the primary dwelling unit or accessory unit) shall be considered an intensification or creation of a nonconformity. However, conversion of such nonhabitable structures to accessory structures permitted under Municipal Code Section 30.48.040W shall not be considered an intensification, provided the structure is not located closer than five feet to rear and interior side lot lines, and not located within front or exterior side yard setback areas, pursuant to Municipal Code Section 30.16.010E3. This code section does not apply. 2. An increase to the “density” of a nonconforming structure/use would refer to: See below. a. New construction or conversion of existing structures with the result of creating any dwelling units above the number allowed The density is not increased. As described above, three units are maintained onsite. AUGUST 4, 2022 ITEM 6D 8 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 9 of 35 for the subject property in the applicable zone. b. A conforming addition to, or the conversion of a portion of a legal nonconforming single-family residential building in order to create an accessory unit in accordance with Sections 30.16.010 and 30.48.040W shall not be considered an increase in density or intensity for purposes of this section. A new detached ADU is proposed for construction. The new ADU is neither an addition nor conversion of a portion of a legal nonconforming portion of a single- family residential structure. Government Code Section 65852.2 permits the proposed accessory dwelling unit (ADU) to be located onsite with the proposed primary two-unit structure as discussed further below. Development Standards Discussion ▪ Basement. EMC Chapter 30.04 (Definitions) defines a “basement” as the level of a building partly or wholly underground where more than one half of its perimeter is less than or equal to four feet above the lower of natural or finished grade as defined in EMC Section 30.16.010B6. The lowest level of the proposed single-family residence qualifies as a basement pursuant to floor plans and the elevations depicting the basement floor level the project plans. Basement depths are dimensioned on each elevation to indicate the difference between the basement floor and adjacent grade. EMC Section 30.16.010.B7e exempts that portion of the floor in the basement from the floor area ratio calculation. • Building Height. The property slopes from northeast to southwest generally with an average lot slope of 10.7 percent. Encinitas Municipal Code Section 30.16.010B.6.e states that for lots with an average lot slope of greater than 10 percent, the building height for the primary single-family dwelling on the uphill side of the lot shall not exceed 12 feet to the top of the flat roof and top of roof above the building wall as measured from the crown of the right-of-way (Sunset Drive), and 22 feet for the bottom/downhill portion of lot - measured from the lower of the existing or finished grade most adjacent to the building wall below. The applicant has documented that the proposed flat roof (less than 3:12 roof pitch) will comply with the maximum 12-foot height limit for the uphill portion of property and the maximum 22-foot height limitation for the downhill portion of the property. The proposed project complies with the maximum residential height standards. Standard Condition of Approval HC 01 (Height Certification) requires a height certification from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans during construction to demonstrate compliance with the approved plans. ▪ Landscaping. A variety of trees, shrubs, grasses and groundcovers are proposed for the project site, and listed as part of the Landscape Plan. An at-grade artificial turf area would encompass a portion of the rear yard. Several trees (Gold Medallion and Little Gem Magnolia or Peterson’s Tea Tree) will line the Sunset Drive property frontage. Additional landscaping comprised of shrubs and groundcover are proposed throughout the property with decorative hardscape. AUGUST 4, 2022 ITEM 6D 9 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 10 of 35 Garages EMC Section 30.48.040A1 (Private Garages, Attached) requires that an attached garage “shall not exceed 1,000 square feet or 50 percent of living area of the principal residence, whichever is less. A garage area of 480 square feet (SF) is permitted regardless of the living area of the principal residence.” The proposed single-family residence includes an attached 824-square foot, two-car garage which complies with the floor area requirement for attached garages. EMC Section 30.48.040B1 (Private Garages, Detached) requires that a detached garage “shall not exceed 1,000 square feet or 50 percent of living area of the principal residence, whichever is less. A garage area of 480 square feet (SF) is permitted regardless of the living area of the principal residence.” The proposed single-family residence includes a detached 750-square foot, three-car garage (attached to the proposed Accessory Dwelling Unit) which complies with the floor area requirement for attached garages. Accessory Dwelling Unit Government Code Section 65852.2 permits the proposed accessory dwelling unit (ADU) to be located onsite with the proposed primary two-unit structure. The proposed ADU demonstrates compliance with the relevant sections of EMC 30.48.040T (Accessory Dwelling Units, Attached and Detached) below: Development Standard Compliance 1. Accessory dwelling units shall be a permitted use in all areas zoned to allow single-family or multifamily residential use. The project site is zoned R3, a single-family zone. The proposed ADU is a permitted use in the single- family zone. 4. Architectural building materials of the accessory dwelling unit shall be compatible with the primary residential structures(s). The architectural building materials of the ADU is compatible with the primary two-unit structure. 14b. The maximum living area of an attached or detached accessory unit shall not exceed 1,200 square feet or the total living area of the primary dwelling unit, whichever is less. The project proposes a 1,200 SF ADU. The primary two-unit structure includes 6,270-SF Unit 1 and 512-SF Unit 2 (affordable unit). 15a. Except as provided in this Section 30.48.040(T), accessory dwelling units shall comply with the setbacks required for the primary dwelling unit as established by the underlying zoning designation. The attached ADU complies with the setbacks required for the primary dwelling unit pursuant to the R3 zone, including legal nonconformities. 18d(i). The accessory dwelling unit is located within a radius of one-half mile of public transit. The accessory dwelling unit is located within one- half mile of public transit. Public transit is located nearby on North Coast Highway 101. However, the AUGUST 4, 2022 ITEM 6D 10 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 11 of 35 project scope includes an enclosed three-car garage for the ADU. 19b. No more than two detached accessory dwelling units may be constructed on a lot that has an existing multifamily dwelling, subject to a height limit of sixteen feet and four-foot interior side and rear yard setbacks. Any accessory dwelling unit in compliance with the required setbacks of the underlying zone shall be permitted to build to the height limit for that zone pursuant to Chapter 30.16.010B6 (Residential Zones) of the Encinitas Municipal Code. The project includes one detached ADU with a multifamily dwelling. The ADU is in compliance with the required setbacks of the R3 zone and complies with the residential height limit. 24. Prior to issuance of a building permit for an accessory dwelling unit, a covenant shall be recorded between the owner and the City of Encinitas agreeing to the terms stipulated in this chapter. Standard Condition ADU 01 requires the recordation of a covenant regarding real property documenting compliance with the terms of EMC 30.48.040T. Inclusionary Housing EMC Chapter 30.41 (Affordable Housing) aims to establish policies which require the development of affordable housing that implement the goals and objectives of the general plan and housing element. Project compliance with the code chapter is demonstrated below. EMC Chapter 30.41 (Affordable Housing Explanation of Finding EMC Section 30.41.040A1 (Exemptions) - Existing residences which are expanded or extended by less than 500 square feet of habitable space, provided that the number of dwelling units is not increased. The project maintains and proposes three units and an addition greater than 500 SF. Therefore, the provisions of EMC 30.41 (Affordable Housing) apply. EMC Section 30.41.050B (Residential Developments of Six or Fewer Units and Expansions and Additions of 500 Square Feet or Greater) - Unless exempted from this chapter, or unless an alternative is approved as described in Section 30.41.075, residential developments of six or fewer units, replacement units expanded or enlarged by 500 square feet or more of habitable space, and additions of 500 square feet or more of habitable space to an existing unit shall construct an ADU affordable to a low or very The project includes a “protected unit” per Document No. 1999-0081244 dated February 9, 1999 to restrict future tenants to be qualified as “low-income,” and the dwelling unit be reserved as affordable housing in perpetuity. The preservation of the protected unit is consistent with EMC Section 30.41.075H (Developers’ Alternative Compliance Options) as described below. AUGUST 4, 2022 ITEM 6D 11 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 12 of 35 low income household as described in Section 30.41.075A or pay an in-lieu fee as described in Section 30.41.080.) EMC Section 30.41.075H (Developers’ Alternative Compliance Options) - A developer may propose an alternative compliance method to provide affordable units through other means. The approval body may approve or conditionally approve such an alternative only if the approval body determines, based on substantial evidence, that such alternative compliance will provide as many or more affordable units at the same or lower income levels, will not tend to cause residential segregation, and will otherwise provide greater public benefit than would provision of the affordable units on site. (Ord. 2018-03; Ord. 2021-02). Because the project maintains a protected unit, the applicant is exempt from the payment of a fee to the City in-lieu of constructing inclusionary units. Design Review Standards and Guidelines Consistency Since the project contains three residential units, the project is subject to The City of Encinitas Design Standards and Guidelines. Section 1.6 (Applicability) requires projects that contain two or more dwelling units to be subject to the The City of Encinitas Design Standards and Guidelines, therefore the project applies. EMC Section 23.08.030B8 (General Scope and Exemptions) exempts “Accessory buildings and additions for existing attached and detached single-family homes and duplexes on a separate legal lot provided that it is substantially consistent with the existing building, color, design and character.” The project is a significant renovation of a three-unit structure to a two-unit structure with an ADU in a significantly different building, color, design, and character. Therefore, a Design Review Permit is required. However, the project includes interior renovations that are exempt from Design Review pursuant to EMC Section EMC 23.08.030B6. Therefore, the project is required to demonstrate compliance with the City of Encinitas Design Standards and Guidelines which provides guidance for the design of residential developments. A summary of the project design, color and materials follows: Architectural Style Modern Contemporary Exterior Material/Color Off-white stucco Window Material/Color Clear anodized aluminum Door Material/Color Clear anodized aluminum Cable Guardrail/Gate Off-white The project is consistent with the applicable Design Review Standards and Guidelines as summarized below: AUGUST 4, 2022 ITEM 6D 12 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 13 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance Section 2: Site Planning Design Guideline 2.1.1 - The opportunities and constraints of the site shall determine the project layout and design. The existing residential structure is located at the northeast corner of the triangle-shaped property with a portion of the structure located in the front yard setback. Any opportunity for development is to maintain the same footprint or expand to the south. The proposed renovation would respect the scale of the surrounding neighborhood and pedestrian since the rebuild is generally within the existing development footprint and would maintain the existing bulk and mass. The project is designed with consideration to the opportunities and constraints of the existing site Design Standard 2.3.1 - A variety of building orientations and staggered unit placement shall be incorporated into the site design. The intent is to avoid long, monotonous building façades and setbacks. See below. a. Buildings located adjacent to a street shall have main entries facing the primary street frontage unless the adjacent developments located along a collector, major arterial, or prime arterial street, as designated in the Circulation Element, is oriented with the rear of the residence toward the primary street frontage. A primary street frontage is the length of the property line adjacent to the public or private street that provides access to the main entry of a project or structure. The main entry to the two-unit structure faces the primary street frontage of Sunset Drive. The main entry to the detached ADU is along the western facade away from Sunset Drive. b. For projects of four units or fewer, buildings shall have at least one main entry facing the street. The project includes three units. The main entry to the two-unit structure faces the primary street frontage of Sunset Drive. The main entry to the detached ADU is along the western facade away from Sunset Drive. Design Guideline 2.3.2 – Varied, articulated spaces between buildings, and along the street shall be encouraged. A driveway is centered on the property’s Sunset Drive street frontage which provides access to each unit and separates the primary two-unit structure and the detached ADU. The Sunset Drive street frontage is articulated with several trees (Gold Medallion and Little Gem Magnolia or Peterson’s Tea Tree) that will line the Sunset Drive property frontage including varied shrubs and groundcover. AUGUST 4, 2022 ITEM 6D 13 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 14 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance Design Guideline 2.4.4 - Buildings should be located to create useable and functional exterior spaces in scale with the building. The proposed two-unit structure is located at the northeast corner of the triangle-shaped property with a portion of the structure located in the front yard yard setback. The proposed detached ADU is located in the southern portion of the property. The project is designed with consideration to the opportunities and constraints of the existing site. The project proposes a lot coverage of 25.2 percent. The remaining 74.8 percent portion of the lot is yard that is improved with varied shrubs, groundcover, decomposed granite and turf which defines the useable and functional exterior space in scale with the onsite buildings. The size of the project is in scale with the site. Design Guideline 2.4.7 - Buildings should be located, and/or designed, to help breakup or mitigate building mass. Both the primary two-unit structure and the detached ADU are multi-level structures that appear as a one-story structure from the street. The lower levels step downward with the slope. Design Guideline 2.4.11 - The orientation and placement of garages should be varied so as to avoid the appearance of repetitive garage doors. A driveway is centered on the property’s Sunset Drive street frontage which provides access to each unit and separates the primary two-unit structure and the detached ADU. Both garages side load from the common driveway and are not predominantly seen from Sunset Drive, thereby avoiding the appearance of repetitive garage doors. Design Standard 2.6.1 - Multi-family development located adjacent to single- family development with side yards less than 5 feet shall provide a visual buffer between properties for privacy screening by obscuring direct sight lines into private yard areas or windows on adjacent properties, and may be used in combination with walls, fencing, and/or trellises to screen views. A legal nonconforming portion is five feet-9 1/14 inches to the northern property line. A ten-foot setback is required. The southern façade of the adjacent northern residence is approximately 40 feet from the common property line with the project site, therefore there is adequate separation for a buffer and privacy. Design Standard 2.6.2 - Landscape privacy screening shall include large evergreen trees and shrubs. Shrubs shall be a minimum 15-gallon size, and trees shall be a minimum 24-inch box size and a minimum 12 feet in height at planting. The mature size of the screen planting must be compatible with available space and not A legal nonconforming portion is five feet-9 1/14 inches to the northern property line. A ten-foot setback is required. The southern façade of the adjacent northern residence is approximately 40 feet from the common property line with the project site, therefore there is adequate separation for a buffer and privacy. AUGUST 4, 2022 ITEM 6D 14 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 15 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance obstruct solar access as provided in the California Solar Shade Control Act (PRC Chapter 12). Landscape screening container size shall be selected to achieve at least 50% of the height of the window, door, or exterior gathering space within at least two (2) years from time of installation. Design Standard 2.9.1 - Ground mounted equipment and utilities, including, but not limited to, air conditioning units, and mechanical/electrical equipment, shall be screened with a wall, fence, shrubs and/or landscaping high enough so that the equipment and utilities cannot be seen, or shall be enclosed within a building. Buildings, walls, and fences surrounding this equipment shall use the same building colors and materials as the building they serve. The project includes Standard Condition EM 02 which requires “All ground-mounted mechanical and electrical equipment shall be screened, and sound buffered through use of a wall, fence, landscaping, berm, or combination thereof and shall be designed to be compatible with the primary building’s exterior to the satisfaction of the Development Services Department. Design Standard 2.9.2 - Ancillary structures and trash and recycling containers shall be located behind the building, where possible. They shall not be located adjacent to residential dwelling units or common open space areas, and shall be screened from view with walls, solid fencing, and/or dense landscaping. Trash and recycling enclosures shall utilize the same materials and colors as the building they serve and shall be enclosed within a solid wall, shall include a pedestrian access gate, and be covered per solid waste management standards. Trash and recycling containers are located inside the attached garage to the primary two-unit structure and unseen from the public view of Sunset Drive. Design Standard 2.9.3 - All flashing, sheet metal vents, exhaust fans, ventilators, and pipe stacks shall be painted to match the adjacent roof or wall material. The project includes Standard Condition DR 02 which requires “Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Development Services Department prior to the issuance of Building Permits.” Design Standard 2.9.4 - All utility connections shall be designed to be consistent with the architectural elements The project includes Standard Condition UTILITY 01 which requires “All utility connections shall be designed to coordinate with the architectural AUGUST 4, 2022 ITEM 6D 15 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 16 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance of the site so as not to be exposed except where required to be exposed. Pad- mounted transformers and meter box locations shall be shown in the site plan with a screening treatment as identified in 2.9.1 above elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the Building Permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping.” Design Guideline 2.9.2 - All roof-mounted equipment and/or ductwork, conduits, and other appurtenances should be located below the top of the fascia and/or roofline of the building The project includes Standard Condition EM 01 which requires “All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Development Services Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Development Services Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof and shall utilize decorative caps where visible from any point.” Design Standard 2.10.1 - Electrical elements such as wires, conduits, junction boxes, ballasts, and switch and panel boxes shall be concealed within the building or designed consistent with the primary building colors and materials. No electrical elements shall be mounted on any building elevations facing a street or on the primary building frontage unless they cannot be seen by the public. The project includes Standard Condition EM 01 which requires “All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Development Services Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Development Services Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof and shall utilize decorative caps where visible from any point.” Design Standard 2.11.1 - Private open space with a minimum dimension of six feet in all directions shall be provided with direct access from the dwelling unit which it serves, in the form of balconies, private yards, terraces, decks, or patios. Both the two-unit structure and the detached ADU includes private open space as decks on the western facades of each structure with dimensions that exceed six feet in all directions with direct access from each dwelling unit the deck services. There is additional private open space AUGUST 4, 2022 ITEM 6D 16 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 17 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance as turf and a flat area composed of decomposed granite available in the yard in the along the western property line. Design Standard 2.11.3 - Unless located on the rooftop, common open spaces shall be designed to be visible from inside adjacent building/dwelling units, such as windows located at building entrances and/or dwelling unit windows. No private open space is located on the rooftops. Both the two-unit structure and the detached ADU includes private open space as decks on the western facades of each structure with dimensions that exceed six feet in all directions with direct access from each dwelling unit the deck services. The private open space in the yard is visible from each deck. Section 3: Grading and Landform Design Standard 3.2.1 – Long, continuous slopes that have hard edges, sharp, angular forms and no transition areas at the top or toe of the slope shall be avoided. "Natural" landform contour grading smoothed to blend with the surrounding natural terrain and with rounding and blending at the top and toe of the slope The property slopes downward from the northeast to the southwest generally. Both the primary two- unit structure and the detached ADU are multi- level structures that appear as a one-story structure from the street. The lower levels step downward with the slope. Minimal grading is proposed onsite to preserve the onsite slope. Design Standard 3.2.2 - Variable slope gradients are required. Slopes adjacent to native areas shall retain a "natural" appearance by being within 10% of existing slope for first 10 horizontal feet at the top and bottom of slope. Smooth, flowing contours of varied gradients from 2:1 to 5:1 are required, unless demonstrated safe by specific site engineering studies (See Figure 3-3). The property slopes downward from the northeast to the southwest generally. Both the primary two- unit structure and the detached ADU are multi- level structures that appear as a one-story structure from the street. The lower levels step downward with the slope. Minimal grading is proposed onsite to preserve the onsite slope. Design Standard 3.2.3 – Hillside design shall avoid large building pads and should minimize the height of retaining walls. Buildings shall be integrated into the hillside and be sited to conceal graded slopes and retaining walls. The property slopes downward from the northeast to the southwest generally. Both the primary two- unit structure and the detached ADU are multi- level structures that appear as a one-story structure from the street. The lower levels step downward with the slope. Minimal grading is proposed onsite to preserve the onsite slope. Design Standard 3.2.4 - Significant graded slopes shall be landscaped. The graded slope is located along the Sunset Drive street frontage. The landscape plan depicts this area to be articulated with several trees (Gold Medallion and Little Gem Magnolia or Peterson’s Tea Tree) that will line the Sunset Drive property frontage including varied shrubs and groundcover AUGUST 4, 2022 ITEM 6D 17 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 18 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance Design Standard 3.2.5 - All drainage shall be conveyed to vegetated areas or other approved areas of the site in a manner consistent with the City’s Jurisdictional Regional Stormwater Management Program. The project includes the following Standard Conditions: ▪ GRD 11 requires the submittal of an engineered drainage and stormwater quality treatment BMP site plan prior to approval of building permit. The plan shall provide at a minimum the design for precise grading, drainage improvements, erosion control, stormwater pollution control, and impervious surfaces. ▪ Standard Conditions DRAIN 01 through DRAIN 09 which requires all drainage to be conveyed to vegetated areas or other approved areas of the site in a manner consistent with the City’s Jurisdictional Regional Stormwater Management Program. Design Standard 3.2.6 – All hardscape and walkway areas shall be graded to facilitate drainage The project includes the following Standard Conditions: ▪ GRD 11 requires the submittal of an engineered drainage and stormwater quality treatment BMP site plan prior to approval of building permit. The plan shall provide at a minimum the design for precise grading, drainage improvements, erosion control, stormwater pollution control, and impervious surfaces. ▪ Standard Conditions DRAIN 01 through DRAIN 09 which requires all drainage to be conveyed to vegetated areas or other approved areas of the site in a manner consistent with the City’s Jurisdictional Regional Stormwater Management Program. Design Standard 3.2.7 – All buildings shall be equipped with adequate roof drains, downspouts, and/or other drainage conveyances The project includes the following Standard Conditions: ▪ GRD 11 requires the submittal of an engineered drainage and stormwater quality treatment BMP site plan prior to approval of building permit. The plan shall provide at a minimum the design for precise grading, drainage improvements, erosion control, stormwater pollution control, and impervious surfaces. AUGUST 4, 2022 ITEM 6D 18 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 19 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance ▪ Standard Conditions DRAIN 01 through DRAIN 09 which requires all drainage to be conveyed to vegetated areas or other approved areas of the site in a manner consistent with the City’s Jurisdictional Regional Stormwater Management Program. Design Standard 3.2.8 - Permanent landscaping shall be installed during development activity and prior to building occupancy The project includes the following Standard Conditions: ▪ L 02 requires “All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems).” ▪ L 05 requires “Upon completion of the installation of the landscaping and the irrigation system, a final field observation shall be conducted, and a certification of substantial completion shall be provided to the City. The certificate shall specifically indicate that plants were installed as specified and that the irrigation system was installed as designed. The certificate of substantial completion shall be completed and signed by a State licensed landscape architect, landscape contractor, or an irrigation designer who also holds a State license in the landscape field.” Section 4: Automobile Area Design Standard 4.4.1 - Access shall be taken from the side streets or alleys when side streets and alleys are located adjacent to the project and meet access width requirements. Property access is taken directly and only from Sunset Drive. No side streets or alleys are available. AUGUST 4, 2022 ITEM 6D 19 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 20 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance Design Standard 4.4.6 - Surface parking areas, covered and uncovered, located within 15 feet of ground floor bedroom windows, shall be located, oriented, or screened to prevent visual intrusion from vehicle lights. No bedroom windows are located within 15 feet of surface parking. Section 5: Building Design Design Standard 5.3.1 - Building massing shall articulate individual units or clusters of units through varied footprints, heights, setbacks, roof forms, materials and/or colors. Surface detailing/articulation is not an acceptable substitute for distinctive massing. The rebuild is generally within the existing development footprint and would maintain the existing bulk and mass. Both the primary two-unit structure and the detached ADU are multi-level structures that appear as a one-story structure from the street. The lower levels step downward with the slope which results in minimizing the structure’s bulk and mass. Design Standard 5.3.2 - Attached private garages, carports, and accessory buildings located along a public right-of- way shall be setback a minimum of two feet from the primary building and shall use the same building materials, articulation, and colors as the building they serve. The two-unit structure is as close as 21 feet to the public right-of-way of Sunset Drive. The proposed ADU is 10 feet from the public right-of-way of Sunset Drive. Both the two-unit structure and the ADU use the same building materials, articulation, colors. Design Standard 5.3.3 - Garage doors shall be recessed into the garage wall a minimum of four inches to provide shadow relief. Prior to building permit issuance, the project plans shall demonstrate compliance with Specific Condition SCA4 to the satisfaction of the Development Services Department. Standard Condition SCA4 lists several Design Review Standards to be completed prior to building permit issuance. Design Standard 5.4.2 - At least every 40 feet, roof lines shall be varied through the use of architectural elements such as varying roof height or form, varying cornices, reveals, clerestory windows, or dormers. Prior to building permit issuance, the project plans shall demonstrate compliance with Specific Condition SCA4 to the satisfaction of the Development Services Department. Standard Condition SCA4 lists several Design Review Standards to be completed prior to building permit issuance. Design Standard 5.4.2 - Parapets used to screen rooftop equipment shall be a minimum 3 feet in height and shall block the view of the equipment from the adjacent public right-of-way. The project includes a flat-roof profile with no parapets. Rooftop architectural elements comply with the EMC 30.16.010B6ii. AUGUST 4, 2022 ITEM 6D 20 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 21 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance Design Standard 5.4.2 -The inner side of a parapet shall not be visible from pedestrian view. The project includes a flat-roof profile with no parapets. Design Guidelines 5.4.2 - Large or long unbroken wall planes should be avoided. Building masses should be broken into smaller-scale elements. In order to produce shadows and visual relief, elevations should be articulated with eave overhangs, decks, porches, architectural projections and recesses, varied rooflines, varied materials and color, second story setbacks, courtyards, and projected windows. The two-tone color and use of vertical lines in the are used among all elevations, including the north/side and southern/side facades that are not as apparent from public view. The western façade is predominantly glass with decks to allow for westerly views. Design Standard 5.5.1 - Each wall articulation includes, but is not limited to, applied materials that extend at least three inches from the face of the structure to the face of the materials (glazing, tile, brick, stone, concrete, siding, plaster, or similar materials) and applied elements or architectural features (awnings, trellises, pilasters, or similar protruding design elements). Prior to building permit issuance, the project plans shall demonstrate compliance with Specific Condition SCA4 to the satisfaction of the Development Services Department. Design Standard 5.5.2 - Material changes shall occur at the interior of intersecting wall planes (inside corners of walls). The project exterior includes stucco and stone veneer which change at the interior of intersecting wall planes (inside corners of walls). Design Standard 5.5.3 - In addition to the standards above, projects shall provide adequate façade articulation and an appropriate mix of materials and colors through a combination of the criteria in the Articulation, Material, and Color Design Matrix table. Projects shall earn at least 10 points, or 12 points for projects with building exceeds 30 feet in height or two stories, out of 22 points. The proposed project earned at least 10 points and complies with the Design Review Standards and Guidelines. Design Standard 5.6.1 - Window and door style, material, shape, and proportion shall be consistent on all elevations of the building. Given the modern contemporary architecture of the project, the window and door style, material, shape, and proportion are consistent on all elevations of the building. Design Standard 5.6.2 - Window treatments shall be designed utilizing one See below. AUGUST 4, 2022 ITEM 6D 21 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 22 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance of the following methods to provide surface relief and texture: a. Built-up windowsills and trim, at a minimum ½-inch thick from the face of the adjacent wall. Prior to building permit issuance, the project plans shall demonstrate compliance with Specific Condition SCA4 to the satisfaction of the Development Services Department. Standard Condition SCA4 lists several Design Review Standards to be completed prior to building permit issuance. b. Recessed windows with at least two inches provided from the surrounding exterior wall to the window glass surface. Prior to building permit issuance, the project plans shall demonstrate compliance with Specific Condition SCA4 to the satisfaction of the Development Services Department. Standard Condition SCA4 lists several Design Review Standards to be completed prior to building permit issuance. Design Standard 5.6.4 - Primary building entries serving multiple units shall be recessed or projecting elements, and/or have an integrated change in roofline. The project is a renovated two-unit structure with a detached ADU. Each unit of of the project includes separate entries. Design Standard 5.6.6 - Individual unit entry design shall incorporate a porch, stoop, projecting element above the entrance, or changes in material, roofline, or wall planes. Each residential unit includes a stoop, projecting element above the entry, and changes in materials and wall planes. Design Standard 5.9.1 - Fences and walls on sloped sites shall slope or step with the topography so as not to exceed fence height requirements. Prior to building permit issuance, the project plans shall demonstrate compliance with Specific Condition SCA4 to the satisfaction of the Development Services Department. Design Standard 5.10.1 - Buildings and windows located within ten feet of an adjacent existing single-family home shall prevent unscreened direct views into the site and shall be designed with one or more of the following: A legal nonconforming portion is five feet-9 1/14 inches to the northern property line. A ten-foot setback is required. The southern façade of the adjacent northern residence is approximately 40 feet from the common property line with the project site. The project exceeds or meets all required setbacks. Moreover, the project includes landscaping comprised of shrubs and groundcover that are proposed throughout the yards and along the property lines. Therefore, there is adequate separation for a buffer and landscaping to minimize unscreened direct views into the site. AUGUST 4, 2022 ITEM 6D 22 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 23 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance a. Windows, doors, porches, balconies, patios, and decks shall not directly align with adjacent primary interior living areas or exterior open space gathering areas. b. Utilize non-transparent or obscured glazing, such as frosted or patterned glass. c. Permanent architectural screens or affixed louvers at windows. d. Smaller and/or higher placed (clerestory) windows located near directly aligned adjacent windows. e. Landscape screening as described in Design Standard 2.6.2 under Separation and Buffers. There is adequate separation for a buffer and landscaping to minimize unscreened direct views into the site, interior living areas or exterior open space gathering areas. Section 6: Lighting Design Standards and Guidelines Design Standard 6.2.1 - All outdoor light fixtures, including pole lights, wall mounted lights and bollards, shall provide nighttime safety and security while conserving energy, protecting the night sky, and minimizing glare and light trespass within and beyond the project site. Outdoor lighting shall be hooded, fully shielded, and aimed downward. The project includes Specific Condition SCA3 which requires “All light fixtures shall be shielded and pointed downward to the satisfaction of the Development Services Department.” Section 7: Landscape Design Standards and Guidelines Design Standard 7.3.1 - All projects proposing more than 500 square feet of new or 2,500 square feet of rehabilitated landscaping shall be subject to the water efficient landscaping requirements pursuant to the Encinitas Municipal Code Chapter 23.26. The project includes Standard Condition L 01 which states “The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans, including the required signature block of the State licensed landscape designer, must be submitted as part of the Building Permit application for the project.” Design Standard 7.3.2 - All disturbed ground not occupied by buildings, amenities, parking, or circulation shall be landscaped or restored. The project landscape plan demonstrates all disturbed ground not occupied by buildings, amenities, parking, or circulation is landscaped. AUGUST 4, 2022 ITEM 6D 23 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 24 of 35 Design Review Standards and Guidelines Consistency Explanation of Project Conformance Design Standard 7.3.3 - At least 50% of the total landscaped areas shall be Southern California native species. The project includes Standard Condition L 06 which states “The project shall provide 50 percent of the landscape area as southern native landscaping.” Design Standard 7.3.4 - In addition to the standards above, projects shall provide adequate landscaping through a combination of the criteria in the table below. Projects shall earn at least 18 points out of 35 points as provided in the Landscape Design Matrix. The proposed project earned at least 18 points and complies with the Design Review Standards and Guidelines. Design Guidelines 7.3.1 - Drought tolerant and native plant materials are encouraged. The project includes Standard Condition L 06 which states “The project shall provide 50 percent of the landscape area as southern native landscaping.” Design Guidelines 7.3.6 - Landscape design shall provide effective screening of parking areas, retaining walls, utility enclosures, utility cabinets, service areas, or service corridors to reduce negative visual impacts. The project includes Standard Condition UTILITY 01 which requires “All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the Building Permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping.” Design Guidelines 7.3.14 - Turf areas should be minimized except where recreation areas are required. An at-grade artificial turf area would encompass a portion of the rear yard. Several trees (Gold Medallion and Little Gem Magnolia or Peterson’s Tea Tree) that will line the Sunset Drive property frontage. Additional landscaping comprised of shrubs and groundcover are proposed throughout the property with decorative hardscape. Climate Action Plan Climate Action Plan Goal 7.1 (Increase Urban Tree Cover) requires the City “to encourage developers to avoid the removal any mature trees when a property is developed or redeveloped. If the removal of mature trees is unavoidable, trees are required to be replaced at a 1:1 ratio.” The property has seven trees as depicted on the grading plan. The project proposes 13 trees per the landscape plan. Because there is a net gain of trees, the project complies with Climate Action AUGUST 4, 2022 ITEM 6D 24 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 25 of 35 Plan Goal 7.1. The project includes the following Standard Conditions to ensure compliance with this goal: ▪ L 02 requires “All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures.” ▪ L 05 requires “Upon completion of the installation of the landscaping and the irrigation system, a final field observation shall be conducted, and a certification of substantial completion shall be provided to the City. The certificate shall specifically indicate that plants were installed as specified and that the irrigation system was installed as designed. The certificate of substantial completion shall be completed and signed by a State licensed landscape architect, landscape contractor, or an irrigation designer who also holds a State license in the landscape field.” Housing Crisis Act of 2019 (HCA) Government Code Section 66300 (The Housing Crisis Act of 2019) aims to increase residential unit development and protect existing housing inventory. Specific compliance with the relevant government code sections is described below. Government Code Section Explanation of Project Conformance Government Code Section 65589.5(h)(2) – “Housing development project” means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing. The residential project is a two-unit structure and an ADU. Therefore, the project is a “housing development project.” Government Code Section 66300(d)1 – An affected city or an affected county shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished. The HCA prohibits a reduction to residential density through a "no net loss" provision for the removal of residential housing units with redevelopment projects regardless of underlying zoning and density designations. The project proposes to renovate an existing three-unit structure (a duplex with a protected affordable unit) to a two-unit structure (a duplex including an affordable unit) and a detached ADU. Three units are maintained onsite. There is no net loss of onsite units. Government Code Section 66300(d)(2)(F)(vi) – “Protected units” means any of the following: (I) Residential dwelling units that are or were subject to a recorded covenant, ordinance, Of the existing triplex, one unit was demonstrated to be “protected” with Document No. 1999-0081244 dated February 9, 1999 was recorded pursuant to Case No. 1997-008 ADP to restrict future tenants of the third dwelling unit to be qualified as “low-income,” and the dwelling AUGUST 4, 2022 ITEM 6D 25 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 26 of 35 Government Code Section Explanation of Project Conformance or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years. unit be reserved as affordable housing for “low” income households in perpetuity. Prior to building permit issuance, Specific Condition SCA1 and SCA2 would release this covenant and record a new covenant respectively. The applicant submitted a completed “Housing and Supplement and Tenant Income Form” for the two remaining units. With input from the prior property owner, the applicant also stated that the two remaining units were occupied by the owner and family and have never been rented. Neither unit was occupied by persons or families of lower or very low income within the past five years. Local Coastal Program Consistency The project site is located in the Coastal Zone and requires a Coastal Development Permit. The project complies with the Local Coastal Program, including all goals and policies of the General Plan and all R3 zone development standards. PUBLIC NOTICE AND PARTICIPATION Citizen Participation Program The applicant submitted a Citizen’s Participation Program (CPP) in accordance with EMC Section 23.06. A newsletter was mailed to all owners and tenants within 500 feet of the project site on May 15, 2022. The applicant received one email from an adjacent neighbor regarding building height. The applicant responded thereafter with no further correspondence. No other comments were received. The final CPP Report is Attachment PC-5. Public Notice The Notice of Pending Action on the Coastal Development Permit was mailed on July 21, 2022, to all property owners and occupants within 500 feet of the project site and to anyone who requested such notice in writing in compliance with Encinitas Municipal Code Sections 30.01.070 and 30.80.080, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Development Services Department’s Internet site under “Public Notices.” ENVIRONMENTAL CONSIDERATIONS The project has been determined to be exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15332 which exempts in-fill development when: CEQA Guidelines Section 15332 Explanation of CEQA Compliance a. The project is consistent with the applicable general plan designation and all The project is consistent with all applicable policies of the State Government Code, AUGUST 4, 2022 ITEM 6D 26 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 27 of 35 applicable general plan policies as well as with applicable zoning designation and regulations. General Plan, and requirements of the Municipal Code. b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within the City of Encinitas. The project area is 18,930 square feet (0.43 acres). Developed properties surround the site and all public utilities are in place to serve the project. c. The project site has no value as habitat for endangered, rare or threatened species. The project site has no value as habitat for endangered, rare or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project is a two-unit structure and detached ADU that will maintain the existing character of the residential neighborhood and surrounding residential area. The proposed project is similar to, consistent with, and appropriate for the residential vicinity, zoning, and character. Therefore, no significant effects relating to traffic, noise, air quality, or water quality would result. e. The site can be adequately served by all required utilities and public services. The proposed project is a two-unit structure and detached ADU located within an established residential neighborhood. All public utilities are in place to serve the project and the established residential neighborhood. As demonstrated in the table above, the proposed project meets this exemption. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. DISCUSSION The project is unique yet consistent with the surrounding residential community. The proposed project has been designed to maintain the existing desirable character of the community. The project is compatible with the surrounding neighborhood and improves the neighborhood by renovating an aging residential structure that was built prior to the City’s incorporation in 1986. The project design will contribute positively to the existing community and will be compatible with the established neighborhood. Both the primary two-unit structure and the detached ADU are multi-level structures that appear as a one-story structure from the street. The lower levels step downward with the slope. The project also preserves the onsite affordable unit to maintain compatibility with state laws regarding housing. The project is consistent with all R3 zone development regulations and legal nonconforming regulations. Public improvements and utility services are available to serve the site. The project is consistent with all relevant state government code sections, and applicable policies of the General Plan and Local Coastal Program, and provisions of the Municipal Code. The AUGUST 4, 2022 ITEM 6D 27 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 28 of 35 proposed project is in conformance with EMC Chapters 30.16 (Residential Zones), 30.41 (Affordable Housing), 30.54 (Off-Street Parking), 30.76 (Nonconformities), 30.80 (Coastal Development Permit), and 23.08 (Design Review). The project would be required to comply with all applicable Building and Fire codes through the standard building permit plan checking process FINDINGS Based on the findings for a Design Review Permit as per Encinitas Municipal Code Section 23.08.080 (Design Review) and the aforementioned analysis, staff has made the following findings to support the recommendation of approval, with conditions: Finding for Design Review Explanation of Finding a. The project design is inconsistent with the General Plan, a Specific Plan, or the provisions of this Code. The project is consistent with the General Plan and Municipal Code. The project is not located in a Specific Plan area. All development standards of the R3 Zone have been met with the exception of the legal nonconformities. b. The project design is substantially inconsistent with the Design Review Guidelines. The renovation is consistent with the design recommendations as it relates to site planning, bulk and scale, and landscaping recommendations. The design meets the intent of the Design Review Standards and Guidelines by providing an eclectic design, and compatibility with the neighborhood and community. The proposed exterior modifications are consistent with the Design Review Standards and Review Guidelines. c. The project would adversely affect the health, safety, or general welfare of the community. The project is conditioned to ensure that the public health, safety, and welfare of the community are maintained. The conditions of approval would ensure that the project is constructed in accordance with the zoning code and building code, and that the project complies with the Encinitas Municipal Code. Compliance with the building code and Encinitas Municipal Code would ensure that the project would not adversely affect the health, safety, and welfare of the community. Based on the findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090 and the aforementioned analysis, the Development Services Department has made the following findings to support the recommendation of approval, with conditions: Findings for Coastal Development Permit Explanation of Finding 1. The project is consistent with the certified Local Coastal Program of the City of Encinitas; and The proposed renovation complies with all Encinitas Municipal Code development standards of the R3 zone. The project is also consistent with the applicable goals and policies of the City’s General Plan and is AUGUST 4, 2022 ITEM 6D 28 of 102 PLANNING COMMISSION AGENDA ITEM 6D AUGUST 4, 2022 29 of 35 Findings for Coastal Development Permit Explanation of Finding therefore consistent with the certified Local Coastal Program comprised of the General Plan and the Municipal Code. 2. The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) in that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment; and Developed properties surround the project site. There are no environmental issues associated with the project. The project would not have a harmful effect on environmental quality or natural resources. No potentially significant adverse impacts to the environment would result from the project and the project is exempt from environmental review pursuant to CEQA Guidelines Section 15332. 3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. This finding is not applicable because the property is not located between the sea and the nearest public road. CONCLUSION The proposed project is consistent with the Genreal Plan, Local Coastal Program, and Encintias Municipal Code. The project, as conditioned, would not have a signficiant effect on the environment. In addition, all required public improvement and utilities are available to serve the proposed development. Staff recommends that the Planning Commission approve Case No. MULTI-005396-2022, DR-005397-2022, and CDP-004879-2021 based upon the findings and conditions contained in the attached draft Resolution of Approval (Attachment PC-1). ATTACHMENTS PC-1 Proposed Resolution PC-2 Vicinity Map, Aerial Images, and Zoning PC-3 Application and Disclosure Statement PC-4 Public Notice and 500-foot Radius Map PC-5 Citizen Participation Program Final Report PC-6 Project Drawings AUGUST 4, 2022 ITEM 6D 29 of 102 ATTACHMENT E Template Version 012019 Final Action ☐ City Council ☒ Planning Commission Subject:Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive- Through/Gas Station/Drive-through Carwash) Date:June 22, 2022 Prepared by:Aaron Rintamaki, Associate Planner Reviewed by:Jarrett Ramaiya, Deputy Director of Development Services Approved by:David Chantarangsu, Development Services Director RECOMMENDATION Staff recommends that the Planning Commission: 1. Adopt a Subsequent Mitigated Negative Declaration pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA); and, 2. Adopt a resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MURRIETA TO APPROVE DEVELOPMENT PLAN 2020-2171 / CONDITIONAL USE PERMIT 2021- 2425 and MINOR CONDITIONAL USE PERMIT 2021-2424, A PROPOSAL TO CONSTRUCT AND OPERATE A 7,274 SQUARE FOOT CONVENIENCE STORE WITH DRIVE-THROUGH, FUEL STATION, AND DRIVE-THROUGH CARWASH ON PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF JACKSON AVENUE AND MURRIETA HOT SPRINGS ROAD, MURRIETA, CALIFORNIA (APNs: 912-241-042, 043, 044, 045, 912-300-018, 912-300-023), based on the Findings and subject to the Conditions of Approval in Exhibit A, B and C, the Operations Statement in Exhibit D and the Mitigation Monitoring and Reporting Program in Exhibit E. (See Attachment 1). PRIOR ACTION/VOTE None. PROJECT DESCRIPTION Application Type: Development Plan 2020-2171, Conditional Use Permit 2020-2179 and Minor Conditional Use Permit 2021-2424 Applicant:Michael Ramirez Property Owner:Beyond Food Mart, Inc. Site Area:2.4 acres (total site is 4.79 acres) Planning Commission Meeting Agenda Report Page 2, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 Project Location:Northeast corner of Murrieta Hot Springs Road and Jackson Avenue APN’s: 912-241-042, 043, 044, 045, 912-300-018, 912-300-023 (Property) Site General Plan/Zoning:Neighborhood Commercial (NC) Adjacent Zoning/Land Use: North:Single-Family (SF-1) South:Murrieta Hot Springs Rd / Single-Family (SF-2) Regional Commercial East:Single-Family (SF-1) / Neighborhood Commercial (NC) West:Single-Family (SF-1)/ Regional Commercial (RC) The approval of Development Plan (DP-2020-2171) would allow for the development of a 7,274 sq. ft. convenience store building with drive-through, fueling station, and a 1,893 square foot drive-through carwash with six outdoor vacuum stalls for personal vehicle cleaning in conjunction with, Conditional Use Permit 2021-2425 (carwash), and Minor Conditional Use Permit 2020-2248 (beer and wine sales). The applicant proposes the Project to be open 24 hours a day/7 days a week, and the car wash (hours from 7 a.m. to 7 p.m., daily). The proposal also includes an 8-island fueling station (16 fueling dispensers) with canopy, two underground storage tanks, drive-through for coffee/pre-packaged foods, associated landscaping, and 34 parking spaces on 2.4 acres of an overall 4.79 acre parcel located at the northeast corner of Jackson Avenue and Murrieta Hot Springs Road (APN’s: 912-241-042, 043, 044, 045, 912-300- 018, 912-300-023). (See Attachment 1 for the Vicinity Map). The improvements and uses described above are hereinafter referred to as “Project”. Page 3, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 ANALYSIS Zoning / General Plan Consistency: The City’s zoning and land use regulations are contained in Title 16 of the Murrieta Municipal Code (Development Code), which requires an application for a Development Plan Permit, a Conditional Use Permit (carwash) and a Minor Conditional Use Permit (beer and wine sales) for the operation of a convenience store, fuel center as well as a separate carwash facility. The applicable Development Code sections that require Planning Commission approval of the Project include Development Code Table 16.10-1, and Chapter 16.56. Since the Project includes a mix of uses that can be approved by the Director, Development Code Section 16.48.080 provides that the Planning Commission shall take action on all uses and improvements that are proposed. With this specific use for the operation of these two use types, the objective of the CUP analysis is to confirm that the proposed business will not have an impact on the existing public services. In addition, a review of the location, design configuration, and potential impact(s) of the proposed project is also conducted by comparing the Project to established standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit to be derived from the use against any adverse impact(s) it may cause. The Development Plan is to review site, building, and landscaping plans for compliance with the requirements of the Development Code. For the purpose of reviewing the proposal, the applicable development standards in the Neighborhood Commercial Zone are used as a guideline. The proposed Project is consistent with the Development Standards in Section 16.10.010, Table 16.10-1 for setbacks, building height limits, landscaping and parking requirements. The Project is also consistent with the Page 4, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 Commercial Land Use designation and accomplishes various land use goals. General Plan goal LU-1 looks to provide a complementary balance of land uses throughout the community that meets the needs of existing residents and businesses as well as anticipated growth, and achieves the community’s vision. This project looks to achieve various goals within the Circulation Element, including: Ensures efficient and safe access for emergency vehicles by providing minimum drive aisles widths throughout the project for fire vehicles (CIR-2.14); Provides safe pedestrian walkways as required by the Americans with Disabilities Act (ADA) (CIR-7-3). Architecture / Aesthetics: The convenience store building will be a one-story building with the maximum height being 29 feet. The building will have a combination of glass and stucco design. The carwash structure will be one-story with a maximum height of 18 feet. The canopy that will cover the fuel center will be at a height of 19.5 feet. The convenience store and carwash buildings will rely upon a stucco and glass theme, while providing some articulation and relief. Design, mass, and scale meet the design requirements for the zone and are consistent with the development in the area. Page 5, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 The above image is an excerpt from the plot plan. Parking: The service station/convenience store portion of the proposed use requires 29 parking spaces. The facility would also have 12 employees at peak times, which provides an overall parking need of 34 spaces. The carwash facility provides a total of 34 parking spaces, which meets the parking requirement. As per Development Code Section 16.34.040 (Number of Parking Spaces Required of the Development Code), Table 3-7 (parking requirements by land use), self-service vehicle washing facilities require 2.5 parking Carwash Drivethrough / pick-up window for coffee Fuel Center Store Page 6, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 spaces for each wash lane for drying area, plus queuing area for five vehicles ahead of each lane. The proposed carwash is not full service, as the customer drives through the automated carwash, but then has the option of parking in a space to self-vacuum. The proposed carwash is required to have a minimum of 3 parking spaces and the Project is providing 3 spaces, and includes adequate queuing capacity as shown on the plot plan (see Attachment 3). The project includes two Electric Vehicle Charging Stations as well, consistent with State law. Air Quality The Project includes an Air Quality, Global Climate Change, Toxic Air Contaminants (TAC) and Energy Impact Analysis, prepared by Ganddini Group, Inc., dated November 3, 2020 (see Appendix A of the Initial Study). The report identifies sensitive receptors near the project site, whereas a single-family residential neighborhood is approximately 130 feet to the west, 300 feet to the north and 145 feet southeast of the project site. The Project includes construction and use of 16 fuel pumps with an annual sales of less than 1 million gallons of gasoline. Air quality regulations require a minimum distance of 25 meters, which the Project has a distance of approximately 40 meters to the nearest sensitive receptor location. The Project is conditioned and is required to obtain an air quality permit from South Coast Air Quality Management District, in order to operate. Hazards The Project includes the placement and use of three underground storage tanks. The tanks will store various types of fuel. A permit to operate these tanks is required under the California Health and Safety Code which mandate testing and frequent inspections of these types of facilities. The Project is required to prepare a Spill Contingency Plan that will be required to be filed with the County of Riverside Hazardous Materials Department. Operations of the fueling station will be required to comply with federal, state and local laws regulating management and use of hazardous materials. Noise The Project was evaluated for construction and operational noise. The Project relies upon a Noise Analysis, prepared by Ganddini Group dated October 14, 2020. As per the Noise Analysis, the carwash facility includes noise-generating equipment, such as the blowers that have noise coming from the tunnel, as well as the proposed vacuums. The Project includes design considerations to ensure that these noise- generating sources do not adversely affect sensitive receptors. The noise study evaluated construction impacts and off-site receptors. The analysis determined that construction noise impacts at residential property lines and commercial property lines fall within the maximum noise standards. The analysis determined that off-site receptors would not be impacted by the operational noise of the project complying with daytime/nighttime noise standards of 50 and 45 dBA Leq at residential properties and 60 and 55 dBA Leq at commercial properties. Circulation / Ingress/Egress The Project includes the review of a Traffic Impact Analysis (TIA), prepared by Ganddini Group, Inc., and dated October 21, 2021. The TIA included an assessment of traffic operations that would result from Page 7, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 implementation of the Project. For the Jackson Avenue/Project driveway along Murrieta Hot Springs Road, the Project is conditioned to provide restriping, modification the existing traffic signal, construction of the southbound approach, construction of an eastbound turn lane, and construction of a westbound right turn lane. For the driveway at Murrieta Hot Springs Road, the Project is conditioned to install a southbound stop control, and construct the southbound approach consisting of one right turn only lane. With implementation of the above design considerations, the Project would have a less than significant impact upon circulation by providing adequate geometric design and emergency access. Project Landscaping The proposed conceptual landscaping plan complies with the Development Code’s requirements by incorporating a plant palette that helps to buffer and screen the buildings, provides aesthetic enhancement, as well as provides shade in the parking and walking areas. Within a commercial zone projects are required to have 20 percent landscaping, based on the site plan that includes the preliminary landscape plan, the design meets the requirement. See Attachment 3 for the plot plans, which includes the above landscape exhibit. PCN Findings (MCUP) The issuance of licenses for alcohol are under the authority of the state’s Department of Alcoholic Beverage Control (ABC). When required by the ABC regulations, the decision-making authority shall also Page 8, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 consider adoption of a finding of public convenience or necessity (PCN). Applications for a finding of PCN shall be made, reviewed and considered in accordance with Development Code Section 16.44.030F. A determination of public convenience shall be based upon specific findings related to the public benefit of the issuance of an additional alcohol license. The Project will provide a benefit to the community and customers by providing sales of beer and wine, in addition to typical convenience goods, within one (1) convenient location. Beer and wine sales are commonly conducted within convenience markets, including others in the nearby area. The Project will provide a more diverse economic base for shopping and will provide necessary goods and services for the local community and travelers within the City. Please see Exhibit C for the PCN findings. Operations The proposed convenience store and drive through would be open 24 hours a day, seven days a week, with approximately 12 full-time employees. The carwash would be open from 7:00 a.m. to 7:00 p.m., seven days per week. (See Exhibit D for the statement of operation). ENVIRONMENTAL DETERMINATION Environmental Determination: The Project has been determined to require a Mitigated Negative Declaration (MND) pursuant to the Guidelines for Implementation the California Environmental Quality Act (CEQA), California Code of Regulations (CCR) Title 14. The Project also included a Joint Project Review (JPR) which was coordinated and reviewed with the Regional Conservation Authority (see Attachment 4). An MND was prepared for the Project and circulated for a 30-day public review from October 26, 2021 – November 24, 2021 (SCH#2021100489) (see Attachment 5). Comments were received by the public, and responses have been prepared (see Attachment 6). The Mitigation Monitoring and Reporting Program can be found in Exhibit E. If the Project is approved, staff will file the necessary Notice of Determination in compliance with CEQA upon payment of applicable fees by the applicant (see Attachment 7 for the Notice of Determination). NOTICING The project was noticed in compliance with Section 16.76 of the Development Code. The City posted a sign on the property, mailed notices to property owners within a 300-foot radius, advertised in the newspaper a minimum of 10 days prior to the hearing. ATTACHMENTS 1. Resolution Exhibit A – DP-2020-2171 Conditions of Approval Exhibit B – CUP-2021-2425 Conditions of Approval Exhibit C – MCUP-2021-2424 Conditions of Approval Exhibit D – Statement of Operations Exhibit E – Mitigation Monitoring and Reporting Program (MMRP) 2. Vicinity Map 3. Plot Plans 4. Joint Project Review (JPR 21-04-20-01) Page 9, Development Plan 2020-2171 / Conditional Use Permit 2021-2425 and Minor Conditional Use Permit 2021-2424 (Convenience Store with Drive-Through/Gas Station/Drive-through Carwash) Template Version 082020 5. Initial Study 6. Responses to Public Comments 7.Notice of Determination ATTACHMENT F ATTACHMENT G DATE ISSUED: June 16, 2022 REPORT NO. PC-22-027 HEARING DATE: June 23, 2022 SUBJECT: ONE ALEXANDRIA SQUARE, Process Four Decision PROJECT NUMBER: 660043 REFERENCE: Torrey Pines Science Park, Project No. 5844: Coastal Development Permit (CDP) No. 9828, Site Development Permit (SDP) No. 9829, Approved by the Hearing Officer of the City of San Diego on March 15, 2006. Alexandria Tech Center – Science Park, Project No. 6655: SDP No. 151106, Planned Development Permit (PDP) No. 10903, CDP No. 10911, amendment to Planned Industrial Development and Coastal Development Permit Nos. 96- 7114 and 89-0928, Approved by the Planning Commission on April 28, 2005, Item-6A on the November 28, 2005 Planning Commission Agenda. Torreyana/Sunrise Substantial Conformance Review (SCR), Project No. 344643, Approved March 21, 2014. OWNER/APPLICANT: ARE-10933 NORTH TORREY PINES, LLC, a Delaware Limited Liability Company, Owner; ARE-SD REGION NO. 17, LLC, a Delaware Limited Liability Company, Owner; ARE-SD REGION NO. 27, LLC, a Delaware Limited Liability Company, Owner; and RICK ENGINEERING COMPANY, Applicant SUMMARY Issues: Should the Planning Commission approve a Site Development Permit (SDP), Coastal Development Permit (CDP), Neighborhood Development Permit (NDP), and a Tentative Map (TM); amendment to SDP Nos. 9829 and 151106, CDP Nos. 9828 and 10911, and Planned Development Permit (PDP) No. 10903; for the demolition of two buildings, redevelopment of two buildings, construction of twelve structures and associated site improvements for a Research and Development (R&D) Campus on a 22-acre site located at 3010 Science Park Road, 10996 Torreyana Road, 10931,10933 and 10975 North Torrey Pines Road within the University Community Plan area? - 2 - Staff Recommendations: 1. ADOPT Addendum No. 660043 to Environmental Impact Report (EIR) No. 89- 0702/SCH No. 89071907, Supplemental EIR (SEIR) No. 89-0928, and Mitigated Negative Declaration (MND) Nos. 6655 and 5844, and ADOPT the Mitigation Monitoring and Reporting Program; and 2. APPROVE Site Development Permit (SDP) No. 2406424, Coastal Development Permit (CDP) No. 2406425, and Neighborhood Development Permit (NDP) No. 2474613; and 3. APPROVE Tentative Map (TM) No. 2406426. Community Planning Group Recommendation: On November 9, 2021, the University Community Planning Group voted 14-0-1 to recommend approval of the Project. The University Community Planning group did not indicate any comments or conditions for the proposed Project (Attachment 16). Environmental Review: Addendum No. 660043 to Environmental Impact Report (EIR) No. 89- 0702/SCH No. 89071907, Supplemental EIR (SEIR) No. 89-0928, and Mitigated Negative Declaration (MND) Nos. 5844 and 6655, has been prepared for the Project in accordance with Section 15164 of the California Environmental Quality Act (CEQA) State Guidelines. Based upon a review of the Project, it has been determined that the Project would not result in any additional significant impacts, nor would it result in an increase in the severity of impacts from that described in the prior environmental documents, incorporated by reference herein pursuant to CEQA Guidelines Section 15150. A Mitigation, Monitoring and Reporting Program (MMRP) has been prepared for this Project for impacts to Biological Resources and Historical Resources (Archaeology) and will be implemented, which will reduce, to below a level of significance, any potential impacts identified in the environmental review process. Fiscal Impact Statement: None with this action. The processing of the Project is funded by a deposit account maintained by the applicant. Housing Impact Statement: The Project site is designated for Scientific Research use by the University Community Plan and the Project does not propose any housing. BACKGROUND The 22-acre site is located at 3010 Science Park Road, 10996 Torreyana Road, 10931,10933 and 10975 North Torrey Pines Road. All properties associated with this Project are located in the IP-1-1 Zone within the University Community Plan (UCP) area, Prime Industrial Lands, Community Plan Implementation Overlay Zone-B (CPIOZ-B), Coastal Height Limitation Overlay Zone, Coastal Overlay Zone (Non-Appealable Area), and First Public Roadway Overlay Zone. In addition, the properties are located within the Transit Priority Area, the City’s Parking Impact Overlay Zone (Coastal and Campus Impact Areas), Airport Land Use Compatibility Overlay Zone, the Airport Influence Area (Review Area 1) and the Accident Potential Zone II (APZ-II) for Marine Corps Air Station (MCAS) Miramar. The IP-1-1 - 3 - zone allows for research and development (R&D) uses with some limited manufacturing and the UCP designates the site as Industrial, and the Industrial Element of the plan more specifically identifies the site for Scientific Research. The surrounding properties are zoned IP-1-1 and developed with research and development uses, and the UCP designates the land use for the surrounding properties as Industrial. The Project site is an L-shaped site comprised of six legal lots with access driveways from North Torrey Pines Road, Science Park Road, Torreyana Road and Callan Road. The Project site contains Environmental Sensitive Lands (ESL) in the form of steep hillsides and sensitive biological resources. In addition, the site contains historical resources found within developed and undeveloped portions of the site. The Project site was previously graded and developed with 367,495-square-feet (SF) of gross floor area (GFA) for Research & Development (R&D) uses, with approved entitlements for a total of 428,169 SF of GFA. The Project site was previously approved for development in accordance with five prior permit approvals including a Substantial Conformance Review (SCR) approved in 2014 (Attachment 12), for a total development area of 428,169 SF of GFA. The previous development approvals include the following: • 1989 Calbiochem Community Plan Amendment (CPA), Planned Industrial Development (PID) Permit, and CDP for an increase in development intensity for scientific research use on 16.08-acres from 7,585 SF per acre to 20,000 SF per acre for a maximum development of 285,600 SF, Project No. 89-0702; • 1993 Calbiochem-Balit Local Coastal Program (LCP) Amendment to the PID and CDP for demolition of existing structures, remodeling and construction of new structures to include a two-story administration building, two new laboratories, a cafeteria/library complex, a three- level structured parking garage, and a service/storage yard and an open space easement over approximately 1.5-acres of land, Project No. 89-0928; • 2005 Alexandria Technology Center Science Park, Tentative Map, SDP, Planned Development Permit (PDP) and CDP to amend the previously issued PID and CDP for the subdivision of approximately 16-acres of land into five parcels including a 1.5-acre open space preserve and for the demolition of an existing 40,000 SF building and construction of a new 68,701 SF building with an underground parking garage, Project No.6655; • 2005 Torrey Pines Science Park SDP and CDP on a 6.22-acre site for the demolition of an existing surface parking lot and construction of a 60,674 SF two-story R&D Building and underground parking garage for a total entitled square footage of 142,569 SF which includes an existing 81,895 SF building, Project No. 5844; and • 2014 Substantial Conformance Review (SCR) the review of proposed improvements to the existing building at 10996 Torreyana Road for a pavilion as well as other office space improvements within the building in conformance with prior approvals. A covenant of - 4 - easement was also recorded for the Sunrise Property and Torreyana Property (subject properties for the 2005 approvals) to be held as one parcel, Project No. 344643. These original entitlements for the site and allowable development intensity were approved under the old (pre-2008) Marine Corps Air Station (MCAS) Miramar Airport Land Use Compatibility Plan (ALUCP). The Project site is located within the Coastal Zone and within the boundary of the City’s Multiple Species Conservation Plan (MSCP) Subarea but is located outside the Multi-Habitat Planning Area (MHPA) (Attachment 18). The property is located approximately 0.7-miles from the Pacific Ocean and located within the First Public Roadway Overlay Zone which extends east of the Pacific Ocean to Sorrento Valley Road, just west of Interstate 5. North Torrey Pines Road is the nearest public road from the Pacific Ocean shoreline within the Coastal Zone. The Project site is located on the east side of North Torrey Pines Road and is not located between the nearest public road and the ocean or shoreline for any body of water within the Coastal Zone. Therefore, the proposed development will not encroach upon any existing physical accessway that is legally used by the public to access the coast, or any proposed public accessway as identified in the UCP and the Local Coastal Program Land Use Plan. DISCUSSION The Project site consists of six lots totaling 22-acres with four existing buildings and owned by three owners, all of which are owned by the same parent company. The Project site is being redeveloped to enhance the campus and provide pedestrian access throughout the site and improve off-site access to include new driveways for vehicular access, and shall include associated site improvements to landscaping, hardscape, and amenity areas. PROJECT DESCRIPTION: The One Alexandria Square project (Project) application was deemed complete on November 3, 2020, and the Project is utilizing the Affordable/In-Fill Housing and Sustainable Buildings Expedite program (Expedite Program) qualifications and San Diego Municipal Code (SDMC) regulations that were in effect when the Project application was deemed complete. The proposed development will include sustainable design features consistent with the requirements of the Voluntary Tier 1 and Tier 2 Measures of Title 24, Part 11 California Green Building Standards Code (CGBSC) in effect at the time the building permit application is deemed complete per SDMC 143.0915(c). The Project shall include the development of an R&D Campus totaling 993,104 SF of building areas with 428,160 SF of GFA, which shall include the following scope of work: 1. The demolition of two buildings (totaling 167, 371 square feet (SF) of gross floor area (GFA), consisting of a two-story building totaling 45,371 SF GFA (10975 North Torrey Pines Road) and a single-story building totaling 122,000 SF GFA (10931/10933 North Torrey Pines Road); 2. The construction of four buildings for Research and Development (R&D) use, totaling 269,674 SF GFA consisting of a three-story building with below-grade parking totaling 85,865 SF GFA, a two-story building with below-grade parking totaling 78,346 SF GFA, a two-story building with below-grade parking totaling 68,456 SF GFA, and a two-story building with - 5 - below-grade parking totaling 37,007 SF GFA; 3. The construction of four buildings for amenity uses consisting of Retail/Restaurant (food and beverage) uses, totaling 15,500 SF GFA, consisting of a single-story building totaling 3,017 SF GFA, a single-story building totaling 2,473 SF GFA, a single-story building totaling 2,735 SF GFA and a two-story building totaling 7,275 SF GFA; 4. The construction of two accessory structures for ancillary uses totaling 2,570 SF consisting of a below grade structure for vending totaling 1,124 SF and a single-story pavilion structure totaling 1,446 SF; 5. The construction of a Central Utility Plant building with a below-grade level totaling 11,638 SF; 6. The construction of a four-level parking garage with two levels of below-grade parking totaling 315, 605 SF; and 7. Improvements related to the overall development of an R&D campus and in general support of improved grading, pedestrian paths, and reconfiguration of vehicular circulation and parking. PERMITS REQUIRED: 1. Process Four Site Development Permit (SDP) for the subdivision of a premises that contains environmentally sensitive lands (ESL), as described in SDMC Section 143.0110 per SDMC Section 126.0502(d)(3). 2. Process Two Coastal Development Permit (CDP): Required for development in the non- appealable area of the Coastal Overlay Zone per SDMC 126.0707(a). 3. Process Two Neighborhood Development Permit (NDP) for development of a premises that contains ESL, as described in SDMC Section 143.0110 and per SDMC Table 143-01A, footnote 6, which is affordable housing, an in-fill project, and/or a sustainable building as described in SDMC Section 143.0915(c). 4. Process Two NDP for development within the Community Plan Implementation Overlay Zone Type B (CPIOZ-B) per SDMC Table 132.14B, Footnote 1 and SDMC 132.1402(b), that does not comply with the development standards in the applicable community plan and is an affordable housing, an in-fill project and/or a sustainable building as described in SDMC Section 143.0915(c). The following deviation from the applicable development regulation is being requested: a) A deviation from the University Community Plan (UCP), Community Plan Implementation Overlay Zone (CPIOZ-B) setback requirement from North Torrey Pines Road (page 175 of the UCP). A 50-foot landscaped setback is required along North Torrey Pines Road, while a variable setback ranging from 24-feet to 50-feet is proposed. - 6 - 5. Process Two NDP for deviations to zoning regulations on a Sustainable Project per SDMC 143.0920(a). The following deviations from the applicable development regulations is being requested: a) A deviation from San Diego Municipal Code (SDMC) Section 131.0631, Table 131-06C, for the required rear setback within the IP-1-1 zone. Whereas, a 25-foot rear setback is required, while a setback of 15-feet is proposed. b) A deviation from SDMC Section 142.0560(j)(1), Table 142-05M for the maximum driveway width permitted within a Parking Impact Area, where a maximum 25-foot-wide driveway is permitted, while a 30-foot-wide driveway is proposed from North Torrey Pines Road. These permits are consolidated for processing per SDMC Section 112.0103, with the Planning Commission as the decision-maker. With the exception of the requested deviations, the Project complies with the development requirements of the San Diego Municipal Code, including required setbacks, floor area ratio (FAR), building height, refuse and recycling areas, outdoor amenities, parking requirements, and circulation. The Project meets the requirements of the Coastal Height Limitation Overlay Zone with a maximum building height of 30-feet above grade. PROJECT RELATED ISSUES: 1. CPIOZ-B: The Project site is within and subject to the applicable regulations of the Community Plan Implementation Overlay Zone, Type B within the University Community Plan, Torrey Pines Subarea. As shown in “Community Plan Analysis” below, the Project implements the requirements of the Community Plan at this location, which is the intent of the Community Plan Implementation Overlay Zone. A deviation from the setback requirement from North Torrey Pines is requested as described above. 2. Airport Safety Zone: The Project site is located in Safety Zone II of MCAS Miramar. The Project will not increase the development intensity, and the Project was previously determined to conform with the ALUCP (pre-2008) that was in effect at the time of the previous entitlements. Therefore, the Project is consistent with the previously approved permits and will minimize the consequences of potential aircraft accidents. - 7 - 3. Zoning Deviations: The proposed development is requesting deviations from the San Diego Municipal Code (SDMC) and the UCP CPOIZ-B regulations as described above. These deviations will be processed through a Process 2 NDP. The proposed development is eligible for a reduced process level, from a Process 4 PDP to a Process 2 NDP, because it will implement the Voluntary Tier I and Tier II Measures of Title 24, Part 11 California Green Building Standards Code in effect at the time the building permit application is deemed complete per SDMC 143.0915(c). With approval of the requested deviations, the Project will conform to the goals, themes and intent of the UCP by enhancing the landscaping along North Torrey Pines Road, particularly in areas where the setback would be reduced. In addition, enhancements would be extended beyond the current setback distance in non-building areas to create more screening opportunities within the proposed site development. This enhanced landscaping would ensure that the landscape theme and aesthetic along North Torrey Pines Road would remain. The requested deviations are appropriate for the Project and its location. Therefore, the Project conforms with the applicable zoning and development regulations of the Land Development Code. COMMUNITY PLAN ANALYSIS: The Project site is located in the IP-1-1 zone which allows for research and development (R&D) uses with some limited manufacturing; and the UCP designates the site as “Scientific Research” within the Torrey Pines Subarea of the University Community Plan and Local Coastal Program and is located within the Community Plan Implementation Overlay Zone, Type B (CPIOZ-B). Page 174, Section B of the University Community Plan outlines the specific issues to be addressed in CPIOZ-B. These include, but are not limited to architecture, materials, site design, grading, bulk and scale, and pedestrian scale as well as all requirements of the Urban Design Element of the Plan. The Project uses natural color palettes, preserves existing mature trees, provides additional trees and landscaping consistent with the surrounding Torrey Pines Area context, provides pedestrian paths and improved pedestrian connectivity, and uses variation in wall planes, all of which are required by the Urban Design Element. Building design and materials have been selected to integrate into the overall campus and complement the design of adjacent buildings. Staff has determined that the Project is consistent with the Scientific/Research designation, and supports the design requirements, goals, and policies of the University Community Plan, including: 1. Create a physical, social, and economic environment complementary to UCSD and its environs and the entire San Diego metropolitan area (Page 16). The Project will develop attractive new buildings that complement the existing development pattern of the general area, includes significant new landscaping, and enhances pedestrian and vehicular connectivity in the area. - 8 - 2. Promote job opportunities within the University community (Page 17). The Project facilitates the construction of 412,660 square feet (SF) of R&D uses in the area, and 15,497 SF of amenity uses for supporting retail and food and beverage uses, which will continue to generate job opportunities within the University community. 3. Minimize the impact of aircraft noise and the consequences of potential aircraft accidents (Page 19). The Project is not located within the noise contours of any airport; however, it is located in the Airport Safety Zone – Accident Potential Zone II (APZ II) of MCAS Miramar. The Project will not increase the development intensity, and the project was previously determined to conform with the ALUCP (pre-2008) that was effective at the time of the previous entitlements. Therefore, the Project is consistent with the previously approved permits and will minimize the consequences of potential aircraft accidents. 4. Provide for the needs of pedestrians in all future design and development decisions (Page 44). The project enhances pedestrian connectivity in the area by providing pedestrian paths with canopy, shade-producing trees along the paths. Additionally, the project will maintain connectivity within the site and repair and enhance the existing path within the open space easement area. 5. Ensure that San Diego’s climate and the community’s unique topography and vegetation influence the planning and design of new projects (Page 44). The Project will preserve approximately one-third of the existing mature trees onsite. New landscaping will use vegetation consistent with the surrounding Torrey Pines Area context, including Torrey Pines, Coast Live Oaks, California Sycamores, Brisbane Box as well as other low water use regionally adapted species, non-invasive species, that will thrive in the Coastal Environment of the Torrey Pines Area and common to local Coastal Sage Scrub and Chapparal communities. Portions of the overall site will be re-graded in a way that continues to respect the local topography as much as possible. 6. Protect and take maximum advantage of the Torrey Pines Subarea’s topography and unique natural vegetation (Page 99). The Project protects and takes maximum advantage of the Torrey Pines Subarea’s topography and unique natural vegetation as set out in number 5 above, incorporated herein by reference. The project will preserve the natural vegetation through the continued preservation of an open space easement granted to the City of San Diego per Map No. 15437. Additionally, the Project will use the unique topography of the site by incorporating building designs and site access that follow and take advantage of the contours of the site. - 9 - 7. Preserve existing mature trees (Page 100). The Project proposes to protect 49 of 180 existing trees. The Project will plant 285 additional trees, a replacement ratio of 2.2 to 1. ENVIRONMENTAL ANALYSIS: During the environmental review of the Project, City Staff determined that based on the environmental analysis and information, the Project would not result in any new significant impacts nor a substantial increase in the severity of impacts from that described in the previously certified EIR, SEIR or adopted MNDs. Therefore, there is no evidence that implementation of the Project would require a major change to the conclusions in the prior environmental documents. The Project does include impacts to the existing open-space lot which was established to preserve the historical resource site located on-site and to offset biological impacts to sensitive vegetation and special status species. The impact to the open-space lot includes a pedestrian walkway that would impact less than 0.01-acre of developed land. The environmental review of the Project identified that the Project would result in direct impacts to 20.7-acres of habitat or land cover types, these impacts include 0.2-acre of sensitive upland habitat or land cover types. As such, the Project would result in impacts to Biological Resources and Historical Resources (Archaeology), therefore, a MMRP would be required. Mitigation related to Biological Resources shall occur at an offsite mitigation area located at 3050 Callan Road which shall consist of a total of 0.4 Tier I southern maritime chaparral and the preservation of an additional 23 wart-stemmed ceanothus shrubs (24 wart-stemmed ceanothus shrubs shall be avoided and preserved on-site). Additionally, the Project shall require implementation of an Archaeological Data Recovery Program to mitigate impacts to archaeological site (P-37-012581), which is found within the development site. With implementation of the MMRP, potential impacts on Biological and Historical (Archaeology) Resources would be reduced to below a level of significance. The environmental Addendum has been prepared in accordance with Section 15164 of the CEQA State Guidelines. Prior environmental documents are incorporated by reference pursuant to CEQA Guidelines Section 15150. CONCLUSION: Staff has reviewed project plans and documents, and all the necessary findings can be made to approve the Project as discussed in depth above and demonstrated in the resolution of approval (Attachment 7 and 9). Staff recommends that the Planning Commission APPROVE Site Development Permit No. 2406424, Coastal Development Permit No. 2406425, Neighborhood Development Permit No. 2474613, Tentative Map No. 2406426, ADOPT Addendum No. 660043 to Environmental Impact Report (EIR) No. 89-0702/SCH No. 89071907, Supplemental EIR (SEIR) No. 89-0928/SCH No. 89071907, and Mitigated Negative Declaration (MND) Nos. 6655 and 5844, and ADOPT the Mitigation Monitoring and Reporting Program. - 10 - ALTERNATIVES 1. APPROVE Site Development Permit No. 2406424, Coastal Development Permit No. 2406425, Neighborhood Development Permit No. 2474613, and Tentative Map No. 2406426, ADOPT Addendum No. 660043 to Environmental Impact Report (EIR) No. 89-0702/SCH No. 89071907, Supplemental EIR (SEIR) No. 89-0928/SCH No. 89071907, and Mitigated Negative Declaration (MND) Nos. 6655 and 5844, and ADOPT the Mitigation Monitoring and Reporting Program, with modifications. 2. DENY Site Development Permit No. 2406424, Coastal Development Permit No. 2406425, Neighborhood Development Permit No. 2474613, and Tentative Map No. 2406426, DO NOT ADOPT Addendum No. 660043 to Environmental Impact Report (EIR) No. 89-0702/SCH No. 89071907, Supplemental EIR (SEIR) No. 89-0928/SCH No. 89071907, and Mitigated Negative Declaration (MND) Nos. 6655 and 5844, and DO NOT ADOPT the Mitigation Monitoring and Reporting Program, if the findings required to approve the project cannot be affirmed. Respectfully submitted, ____________________________________ ___________________________________ Renee Mezo Martin R. Mendez Deputy Director Development Project Manager Development Services Department Development Services Department Attachments: 1. Aerial Photographs 2. Project Location Map 3. Community Plan Land Use Map 4. Figure 26, Land Use and Development Intensity Subarea Map, University Community Plan 5. Table 3, Land Use and Development Intensity, University Community Plan 6. Overall Proposed Site Plan 7. Draft Permit Resolution with Findings 8. Draft Permit with Conditions 9. Draft Map Resolution with Findings 10. Draft Map Conditions 11. Draft Environmental Resolution with MMRP 12. Copy of Prior Discretionary Approvals 13. Copy of Prior Exhibit A Documents 14. Map Exhibit-Tentative Map 15. Project Plans 16. Community Planning Group Recommendation 17. Ownership Disclosure Statement 18. Multi-Habitat Planning Area Map ATTACHMENT H City of San Marcos Staff Report 1 Civic Center Drive San Marcos, CA 92069 PLANNING COMMISSION MEETING DATE: JULY 5, 2022 SUBJECT: WOODMONT LAND COMPANY (KIDDIE ACADEMY) CASE NUMBER: MITIGATED NEGATIVE DECLARATION (ND) 21-004 & CONDITIONAL USE PERMIT (CUP) 20-0008 Recommendation ·ADOPT a Mitigated Negative Declaration (ND21-004); and ·APPROVE a Conditional Use Permit (CUP20-0008)to establish and operate a preschool on vacant parcel located at the northeast corner of Twin Oaks Valley Road &Windy Way in the Commercial (C) Zone. Introduction Kiddie Academy Educational Child Care is a national operation providing educational childcare for infants and pre-kindergarten-age children.The Kiddie Academy project,proposed by Woodmont Land Company,would construct and operate a new 2-story 11,430 square foot childcare facility with a 12,578 square feet of outdoor play area on a 1.61 acre vacant parcel located at the northeast corner of Twin Oaks Valley Road and Windy Way.The proposed project will have up to 165 children and infants onsite and approximately 28 staff members (a license from the State of California Community Care Licensing Division will determined the actual number of children onsite and staffing ratios). Discussion The proposed Kiddie Academy project site is a vacant 1.61 acre parcel bounded by Twin Oaks Valley Road on the west and the Twin Oaks Valley creek on the east.The eastern side of the site,adjacent to the creek,is located within the 100-year floodplain and floodway.Along the western project frontage,an existing multi-use trail segment extends from the intersection of Twin Oaks Valley Road and Windy Way to the golf course north of the project site. The project was configured to minimize impacts to sensitive habitat by incorporating a 25-foot biological buffer on the east side of the project,along the creek.Although the project will encroach into the floodway and 100- year floodplain,the project is designed to minimize those impacts by positioning the parking lot adjacent to the creek and the building further west,along Twin Oaks Valley Road.The proposed building will also be located on an elevated building pad,2 feet above the base flood elevation,as required by FEMA and San Marcos Municipal Code Chapter 20.225 (Flood Damage Prevention Overlay Zone). The project will be accessed by two driveways.The southern shared driveway will provide primary access to File #:TMP-1733,Version:1 City of San Marcos Printed on 7/5/2022Page 1 of 4 powered by Legistar™ File #:TMP-1733,Version:1 The project will be accessed by two driveways.The southern shared driveway will provide primary access to the site and will utilize the existing signalized intersection of Twin Oaks Valley Road and Windy Way.The project will install additional improvements to the intersection that include,but are not limited to:new signal mast arms and signal heads for the east and west legs of the intersection,signal timing modifications,new pedestrian push buttons and audible pedestrian signals,and relocation of the existing traffic signal poles to accommodate a wider project driveway width.The other driveway,on the north side of the property,will be restricted to right turning movements,as the existing planted median in Twin Oaks Valley Road will remain unchanged. The existing trail segment along the project frontage will not be impacted by the project,though existing utilities serving trail landscaping and a drinking fountain will need to be relocated to accommodate the northern driveway.As previously mentioned,the building will be above the floodplain,requiring the building pad to be elevated above the existing grade.To accommodate the grade difference,a small retaining wall along the project frontage will be installed and will range in height from 1 to 5 feet,with a highpoint on the south end and tapering down to the north.The wall will be constructed from a natural color split face CMU block and will be setback from the trail edge by 5 feet to provide a landscaped buffer,planted with shrubs,climbing vines,trees, and groundcover. The proposed 11,430 square foot building will have a contemporary appearance,similar to other commercial and industrial development recently completed in the vicinity.Facing Twin Oaks Valley Road,the building will have a tower element on the south side,near the main driveway.The tower element will have a smooth stucco finish to give the appearance of concrete with a wood accent inset.Stucco will also be used as the building finish on the second story and will utilize reveals to provide additional architectural details;the lower level of the building will utilize split face block.There are two outdoor play areas proposed:an 8,776 square foot area on the north side of the building and a smaller 3,672 square feet play area on the south side of the building. Combined,a total outdoor play area of 12,448 square feet will comply with the required 75 square feet of outdoor play area per the 165 pupils,required by SMMC 20.400.050(C).Detailed design of play equipment and the configuration of landscaping will be determined at a later phase,when the applicant submits their landscape permit to the City.The project is conditioned to provide water efficient landscaping throughout the site (including in the play areas),and any play equipment will need to be inspected by a certified playground inspector before use. The subject property is zoned Commercial (C),with adjacent parcels west of the project site (across Twin Oaks Valley Road)zoned Industrial and properties to the south zoned Transitional (Industrial to Commercial). East side of the project site,on the other side of the creek,is the Coastal Living at San Marcos senior housing development.The outdoor play areas are located approximately 350 feet away from the senior housing development and will not be visible from the residential area due to the vegetation in the creek that separates the two parcels. Preschools and daycares are classified as “Child Care Facility;Daycare Centers”and are allowed in the Commercial (C)zone with either a Director’s Permit (DP)for existing facilities or a Conditional Use Permit (CUP)for the construction of a new facility.To ensure compatibility with surrounding land uses,Child Care Facilities are also subject to specific use standards identified in San Marcos Municipal Code (SMMC)Sec. 20.400.050(C).These standards require 75 square feet of outdoor play area per pupil,play areas be located 25 feet away from adjacent buildings,a 6 foot tall fence surrounding the outdoor play areas,and sufficient outdoor lighting.As proposed,the project complies with all these standards and the required 44 parking City of San Marcos Printed on 7/5/2022Page 2 of 4 powered by Legistar™ File #:TMP-1733,Version:1 outdoor lighting.As proposed,the project complies with all these standards and the required 44 parking spaces (1 space/2 employees plus 1 space/5 children)will be provided onsite.Electric vehicle (EV)parking will be provided in the quantities required by the California Building Code at the time a Building Permit for the project is processed and issued (currently an underground conduit “prewire”to provide future EV charging stations for a minimum of 4 parking spaces is required). Environmental Review In accordance with CEQA,an initial review of the project identified potential impacts to Biological,Cultural,and Tribal Cultural Resources and a Mitigated Negative Declaration was prepared. Biological Resources A Biological Technical Report (BTR)was prepared for the project and is included in Attachment D to this report,as Appendix B.The BTR identified four sensitive vegetation communities that occur onsite:arroyo willow riparian forest,mule fat scrub,Diegan coastal sage scrub (baccharis-dominated),and non-native grassland.Although the project completely avoids impacts to the arroyo willow riparian forest and Diegan coastal sage scrub vegetation communities with the implementation of the 25-foot biological buffer,impacts to non-native grass land and mule fat scrub will require mitigation: ·Non-native grassland impacts are limited to 0.924 acres.Mitigation would occur offsite (through a mitigation bank)at a ratio of 0.5:1,requiring the acquisition of 0.462 acres of protected habitat prior to the issuance of a Grading Permit. ·Mule fat scrub impacts are limited to 0.018 acres.Mitigation may occur on or offsite at a ratio of 1:1, requiring mitigation of 0.018 acres.Onsite mitigation would occur through the creation of a habitat restoration area within the 25-foot biological setback.A Long Term Management Plan (LTMP)is also required and must be implemented by an accredited and CDFW-certified habitat management entity approved by the City of San Marcos.Offsite mitigation would occur through the acquisition of protected habitat at a mitigation bank. Additionally,noise impacts to nesting birds and specifically the Least Bell’s Vireo (LBV)may occur during construction.As a result,the project is required to avoid construction activities during the nesting season (February 1st to September 15th)or conduct a nesting bird survey prior to the commencement of any construction activities onsite if the timing of construction activities is unavoidable during the nesting season. Additionally,a temporary noise blanket,or wall,may need to be erected during construction activities,if LBV are determined to be present during the nesting season.Mitigation measures BIO-1 through BIO-7 have been implemented in the conditions of approval for the project and mitigate impacts to biological resources to less than significant. Cultural and Tribal Cultural Resources A cultural resources assessment was prepared for the proposed project by ASM Affiliates and is included in Attachment D. In conformance with AB52,the City provided formal written notification in April 2021 to California Native American Tribes culturally affiliated with the area.In response,three tribes requested consultation with the City of San Marcos Printed on 7/5/2022Page 3 of 4 powered by Legistar™ File #:TMP-1733,Version:1 American Tribes culturally affiliated with the area.In response,three tribes requested consultation with the City:the Rincon Band of Luiseño Indians (Rincon),San Luis Rey Band of Mission Indians (SLR),and the Temecula Band of Luiseño Mission Indians (Pechanga).Although no tribal resources are known to be present onsite,grading and construction activities have the potential to inadvertently impact tribal cultural resources. As a result,mitigation measures require tribal monitoring of grading activities and specify procedures for the unanticipated discovery of tribal cultural resources and/or human remains.Mitigation measures CR/TCR-1 through CR/TCR-4 have been implemented in the conditions of approval for the project and mitigate impacts to cultural and tribal cultural resources to less than significant. Public Comment A total of 3 public comment letters were received from the following agencies/organizations during the public comment period for the environmental document: ·California Department of Toxic Substances Control ·Twin Oaks Property Owner’s Association ·San Diego County Archaeology Society, Inc All 3 letters and responses are included in Attachment D (as “Attachment A”of the Final IS/MND)of this report. No other public comment on the project was received at the time this report was prepared. Attachment(s) Adopting Resolution: Resolution PC 22-5001 (ND21-004 & CUP20-0008) A.Vicinity Map B.Requested Entitlement C.Site & Project Characteristics D.ND 21-004 - Mitigated Negative Declaration E.Project Plans Prepared by:Sean del Solar, AICP, Senior Planner Reviewed by:Saima Qureshy, AICP, Principal Planner Reviewed by:Stephanie Kellar, P.E., Principal Civil Engineer Submitted by:Joseph Farace, Planning Division Director City of San Marcos Printed on 7/5/2022Page 4 of 4 powered by Legistar™ ATTACHMENT I 1 - 1 1 - 2 1 - 3 1 - 4 1 - 5 1 - 6 1 - 7 1 - 8 1 - 9 1 - 10 1 - 11 ATTACHMENT J Item No. Application complete date: N/A P.C. AGENDA OF: August 17, 2022 Project Planner: Lauren Yzaguirre Project Engineer: Emad Elias SUBJECT: GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0116) – JEFFERSON MIXED-USE - Request for a recommendation of 1) approval of a General Plan Amendment and Zone Change to modify of the land use designation of one parcel totaling 0.16 acres (APN: 203-201-01-00) from a R-15 Residential (8 – 15 du/ac) General Plan land use designation to R-15/O Residential/Office (8 – 15 du/ac), and to change the zoning from Residential Density-Multiple Zone (RD – M) to Residential Professional - Qualified Development Overlay (R-P-Q); and 2) approval of a Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and a Site Development Plan to construct four residential air-space condominium units and a detached, approximately 897-square-foot office building located at 2770 and 2754 Jefferson Street within Local Facilities Management Zone 1. The potential environmental effects of the project were adequately analyzed by a previously certified Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for the Comprehensive General Plan Update (EIR 13-02) and an Addendum to the Final EIR was prepared pursuant to CEQA Guidelines section 15164 because only minor changes and additions to the Final EIR are necessary to address the project changes and no circumstances exist calling for the preparation of a subsequent or supplemental EIR pursuant to CEQA Guidelines sections 15162 and 15163. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7458 RECOMMENDING ADOPTION of an Addendum to the City of Carlsbad General Plan EIR; ADOPT Planning Commission Resolution No. 7459 RECOMMENDING APPROVAL of General Plan Amendment (GPA 2021-0004) and Zone Change (ZC 2021-0003); and ADOPT Planning Commission Resolution No. 7460 RECOMMENDING APPROVAL of a Tentative Tract Map (CT 2021-0001), Planned Development Permit (PUD 2021-0004) Non- Residential Planned Development Permit (PUD 2022-0002), and Site Development Permit (SDP 2021- 0014) to the City Council, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Existing Setting: The project comprises of two parcels totaling 0.32 acres (APNs 203-201-01, -02), located at 2770 and 2754 Jefferson Street and is currently developed with a single-family residence on each parcel. The project site is bordered by multi-family residences to the north, south, and east, and Jefferson Street and commercial uses to the west. The project site is relatively flat and takes access from Jefferson Street. Table “A” below 2 GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 2 includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site 2770 Jefferson: R-15/O Residential/Office (8- 15 du/ac)) 2754 Jefferson: R-15 Residential (8-15 du/ac) 2770 Jefferson: Residential Professional – Qualified Development Overlay (R-P-Q) 2754 Jefferson: Residential Density- Multiple Zone (RD-M) 2770 Jefferson: Single-family residential 2754 Jefferson: Single-family residential North R-15 Residential (8-15 du/ac) Residential Density- Multiple Zone (RD-M) Multi-family residential South R-15/O Residential/Office (8- 15 du/ac) Residential Professional – Qualified Development Overlay (R-P-Q) Multi-family residential East R-15 Residential (8-15 du/ac) Multiple-Family Residential (R-3) Multi-family residential West Village-Barrio (V-B) Village-Barrio V-B Residential and Commercial Project Description: The applicant applied for a Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and a Site Development Permit to demolish the existing two single-family residences and construct a three-story, four-unit multi-family residential building and a detached, two-story 897- square-foot office building. The subject application involves two parcels that have different General Plan land use and zoning designations. To provide a consistent land use designation and zoning for the project, the two parcels would be merged with the proposed General Plan Amendment and Zone Change. Approval of the proposed General Plan Amendment and Zone Change are necessary to enable the processing of the land development application to construct four residential units and a detached office building on one legal lot. The proposed General Plan Amendment and Zone Change would not increase the density of the development allowed on the site. The proposed office building is located on the parcel that allows for office uses. Table “B” below lists the existing and proposed land use and zoning designation changes. Exhibit 5 provides a visual of the existing and proposed land use and zoning changes. TABLE B – EXISTING AND PROPOSED LAND USE AND ZONING Address Existing Land Use & Zoning Proposed Land Use & Zoning 2770 Jefferson Street GP Land Use: R-15/O Zone: R-P-Q No Change 2754 Jefferson Street GP Land Use: R-15 Zone: RD-M GP Land Use: R-15/O Zone: R-P-Q GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 3 The proposed project is accessed from a single driveway along Jefferson Street and includes a shared drive-aisle with four attached condominium units on the north side of the property, and a detached office building located along Jefferson Street in the southwest corner of the lot. The condominium units are designed as three-story townhomes and would share common vertical walls. The condominium building has an overall height of 34 feet and 11 inches, and the office building has a height of 23 feet and nine inches and both buildings are below the maximum height of 35 feet. Each residential unit includes three bedrooms, three-and-one-half bathrooms, an enclosed two-car garage, balconies on the second and third floors, and rear yard areas on the ground floor. Each of the four floor plans vary in size, ranging from 1,905-square-feet to 2,706-square-feet. Each unit accommodate private recreational areas (yards and deck space), measuring 352-square-feet (unit 1), 458-quare feet (unit 2), 690-square-feet (unit 3), and-860 square-feet (unit 4). There are two, unenclosed visitor parking spaces on-site (provided via two carports) for the residential use and the office building has three unenclosed, on-site parking spaces located to the rear of the building. The architectural design is characterized as a beach cottage design and includes a stucco finish, hardie plank lap siding, pilasters, rafter tails, and variation in roof ridges and window elements. The proposed lot would be held in common interest divided between the four residential condominiums, single office building, and common areas. The common areas include, but are not limited to, the private drive aisle and landscaped areas. Grading for the proposed project consists of 202 cubic yards of cut, 80 cubic yards of fill and 122 cubic yards of export. The requested applications to implement this project include the following: General Plan Amendment, GPA 2021-0004. An amendment to the General Plan Land Use Map to reassign the land use designation for one of the two project parcels on the site (APN: 203-201-01- 00) from R-15 Residential to R-15/O Residential/Office, via an adjustment of the boundary between these two land use designations. The other parcel on site (APN: 203-201-02-00) would remain a R-15/O Residential/Office General Plan land use designation. The proposed land use amendment would allow for the office and residential use to be developed on one lot and ensures both parcels have the same land use designation. Zone Change, ZC 2021-0003. An amendment to the City-wide Zoning Map to reassign the project site’s zoning designation from Residential Density-Medium (RD-M) to Residential Professional – Qualified Development Overlay (R-P-Q), via an adjustment of the boundary between these two districts. The Zone Change would prevent a split zoned project and would allow for the office and residential use on one consolidated lot. The Zone Change would also be consistent with the proposed land use designation and allows for the project to comply with the land use and development standards of one zoning designation. Tentative Tract Map, CT 2021-0001. The Tentative Tract Map is requested to merge the lots and allow for a one lot subdivision for air-space condominiums for the four residential units, office building, and common areas. Planned Development Permit, PUD 2021-0004. A Planned Development Permit is requested for the development of the residential component of the project. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 4 Non-Residential Planned Development Permit Amendment, PUD 2022-0002. A Non-Residential Planned Development Permit is requested for separate ownership and development of the office building. Site Development Plan, SDP 2021-0014. According to Section 21.06.030 of the Zoning Code, a Site Development Plan application is required to develop in the Q zone. Since the project is proposing a Zone Change to bring both parcels into consistency to be zoned as R-P-Q, the development of the project requires the approval of a Site Development Permit. Public Outreach Public outreach was conducted in the city’s review and consideration of the project proposal. The project application was circulated to various city and local agencies and departments for review, and modifications were made to the project to address any concerns. No new issues of concern have been identified. Comments from agencies have either been addressed through the processing of the project or have been included as conditions of approval in draft Planning Commission Resolution No. 7460. The proposed project is subject to City Council Policy No. 84, Development Project Public Involvement Policy. An Enhanced Stakeholder Outreach was held at the Carlsbad Senior Center on December 28, 2021. One neighboring resident, who lives adjacent to the proposed project site, attended the outreach meeting and had concerns regarding the shared perimeter wall, ensuring adequate line of sight was maintained for the project’s driveway and inquired about the possibility of undergrounding utilities. The project applicant and concerned resident agreed that the applicant would construct a masonry perimeter wall that would be 42-inches-tall within the front yard and six-feet-tall within the sides and rear yards. The applicant communicated to the concerned resident, and staff confirmed, that the proposed walls and project design ensure the project meets the required line of sight for vehicular and pedestrian safety. Furthermore, the overhead wires serving the proposed project would be placed underground; however, pursuant to CMC section 20.16.040(D), the existing power poles in front of the project are not required to be undergrounded or removed, as the half-street section abutting the project site spans less than 600 feet. Therefore, the project would not underground or remove the two existing power poles in front of the property. III. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. R-15/O Residential/Office General Plan Land Use Designation B. Residential Professional Zone – Qualified Development Overlay and Planned Development Ordinance (Carlsbad Municipal Code (CMC) Chapters 21.18, 21.06, and 21.45) C. Nonresidential Planned Development Ordinance (CMC Chapter 21.47) D. Subdivision Ordinance (CMC Title 20) E. Inclusionary Housing Ordinance (CMC Chapter 21.85) F. Growth Management (CMC Chapter 21.90) – Local Facilities Management Plane 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 is discussed in the following sections. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 5 A. R-15/O Residential/Office General Plan Land Use Designation The General Plan Amendment (GPA) would adjust the boundaries between the two land use designations to ensure both parcels have the same General Plan land use designation of R-15/O Residential/Office for the 0.32-acre site. The GPA would amend the General Plan Land Use Map to change the land use designation for one of the two project parcels on the site (APN: 203-201-01-00) from R-15 Residential to R-15/O Residential/Office. The other parcel on site (APN: 203-201-02-00) would remain a R-15/O Residential/Office General Plan land use designation. Concurrent approval of the Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and a Site Development Plan would enable the applicant to demolish the existing residences and allow for the requested multi- family residential and office use on one legal lot. The following Table “C” describes how the proposed project is consistent with the various elements of the Carlsbad General Plan. TABLE C – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Land Use & Community Design Goal 2-G.2 Promote a diversity of compatible land uses throughout the city, to enable people to live close to job locations, adequate and convenient commercial services, and public support systems such as transit, parks, schools, and utilities. The proposed land use change from R-15 to R-15/O, would allow for a mixed-use development that includes multi-family residential and an office building. The project would provide employment opportunities for residents who live on-site or within proximity to the site. The proposed project promotes a diversity of compatible land uses onsite and within the existing neighborhood as the site is surrounded by other multi-family residences and commercial office uses. The project can be adequately served by existing utilities and is in close proximity to public transit opportunities. Yes Goal 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. The project is an infill development that makes efficient use of limited land supply as the existing site has two single-family residences, and the proposal would allow for four residences and an office building. The project is compatible and integrates with the existing uses as the project site is surrounded by multi-family residences to the north, south and east and commercial or office uses to the west. The project is developed at Yes GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 6 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? the same residential density and commercial intensity as the surrounding site which allows for a cohesive and consistent development pattern. Goal 2-G.4 Provide balanced neighborhoods with a variety of housing types and density ranges to meet the diverse demographic, economic, and social needs of residents, while ensuring a cohesive urban form with careful regard for compatibility. The proposed land use designation change from R-15 to R-15/O would allow for the same residential density range as the existing and surrounding neighborhood and would meet the diverse needs of residents with the construction of new residences. Yes Goal 2-G.5 Protect the neighborhood atmosphere and identity of existing residential areas. The proposed land use designation change from R-15 to R-15/O keeps the residential density range the same but allows for an office component on-site. Because the density range would remain the same as the existing, the mix of the existing multi-family residential and office atmosphere and identity would be protected. Yes Goal 2-G.6 Allow a range of mixed-use centers in strategic locations that maximize access to commercial services from transit and residential areas. The proposed residential and office mixed-use development would allow for a range of uses on the project site. The project is in an area that maximizes access to commercial services from residential areas as the site is surrounded by existing multi- family residences to the north, south, and east and commercial uses to the west. The project would promote the strategic location of mixed uses within the neighborhood. Yes Policy 2-P.1 Maintain consistency between the General Plan and Title 21 of the Carlsbad Municipal Code (Zoning Ordinance and map). The proposed General Plan Amendment to change the land use designation from R-15 to R-15/O would maintain consistency with the proposed Zone Change from RD-M to R-P-Q and would be consistent with the land use and development standards contained within Title 21 of the Carlsbad Municipal Code. Yes GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 7 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Mobility Policy 3-P.5 Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Jefferson Street. In addition, the applicant would be required to pay any applicable traffic impact fees, prior to building permit issuance, which would go toward future road improvements. The proposed project includes the improvement of curb, gutter, and sidewalk along the Jefferson Street frontage. Though the frontage along Jefferson Street is currently improved with a curb, gutter and sidewalk, the site would update the frontage improvements to current development standards. Yes Noise Goal 5-G.2 Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Policy 5.P.2 Require a noise study analysis be conducted for all discretionary development proposals located where projected noise exposure would be other than “normally acceptable.” The project consists of four attached air-space condominium residences and one detached office building. A noise study prepared for the project Eilar Associates, Inc. dated December 10, 2020, concluded that the detached office is expected to comply with the state’s interior noise regulations of 50 CNEL or less with typical building construction, and therefore, no special design features are required for non- residential spaces. The four attached air-space condominium residences are expected to comply with the Noise Guidelines Manual and applicable General Plan policies for construction noise, operation noise, and outdoor space noises. The noise study indicates that within the dwelling unit’s interiors, the worst-case traffic noise levels at the west and south facades of Unit 1 exceeds 60 community noise equivalent level (CNEL) with windows open, which is above the Yes GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 8 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? maximum interior noise level of 45 CNEL pursuant to the City of Carlsbad Noise Guidelines and the California Building Code, section 1206.4. Residential units 2-4 are not expected to exceed 45 maximum CNEL and therefore do not require additional project design details to mitigate for traffic noise. However, unit 1 has been conditioned to provide the following construction features to reduce traffic noise impacts to below 45 CNEL: construct exterior walls of stucco over plywood sheathing over 2x6 wood-studs, with a single layer of gypsum board on the interior, exterior windows and glass doors must have a minimum STC rating of 25, and mechanical ventilation is required for all habitable spaces within Unit 1. With these construction features, all interior residential space is expected to comply with City of Carlsbad and State of California noise requirements. Units 2, 3, and 4 are expected to meet interior noise limits with typical construction methods, and therefore, no specific project design features are required for interior noise control in these units Housing Program 2.1 The Inclusionary Housing Ordinance requires that a minimum of 15 percent of all ownership projects of seven units or more be restricted and affordable to lower income households. Goal 10-G.1 New housing developed with diversity of types, prices, tenures, Pursuant to CMC Section 21.85.110, payment of a fee in lieu of construction of affordable units is appropriate for residential development of less than seven units. In addition, CMC Section 21.85.030(D)(3) a project may be exempt from the inclusionary housing requirement if construction of a new residential structure replaces a residential structure that was demolished within two years Yes GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 9 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth and to meet or exceed the city’s established Regional Housing Needs Allocation (RHNA). prior to the application for a building permit for the new residential structure. The project includes the demolition of two existing single-family dwellings. The proposal to demolish the two existing single-family residences and construct a four-unit residential condominium project has been conditioned to pay the applicable housing in-lieu fee for the two additional units, or four units if building permits for the four-unit project has not been applied for within two years of demolishing the existing home(s). This housing development would help ensure the city achieves its goal of contributing housing with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth and to meet or exceed the city’s established Regional Housing Needs Allocation (RHNA). Per Government Code Section 65863 (aka No Net Loss Law) a city cannot approve new housing at significantly lower densities or at different income categories than was projected in the RHNA of the Housing Element without making specific findings and identifying other sites that could accommodate these units and affordability levels “lost” as a result of the approval. The so-called “no net loss” provisions apply when a site is included in the jurisdiction’s Housing Element’s inventory of sites and is either rezoned to a lower residential GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 10 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? density or is approved at a lower residential density than shown in the Housing Element. The project site is not identified in the City’s General Plan Housing Element Residential Sites Inventory for the 6th RHNA Planning Cycle. Because the provision of “no net loss” applies to housing located on any site listed in the City’s Housing Element, the City does not need to determine if this project or a decision related to this project would be subject to No Net Loss Law and its remedies. Public Safety Goal 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. Policy 6-P.6 Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. Policy 6-P.34 Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. The proposed structural improvements would be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. Furthermore, the project 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 transported within storm drainage facilities. Yes B. Residential Professional Zone – Qualified Development Overlay and Planned Development Ordinance (CMC Chapters 21.18, 21.06, and 21.45) GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 11 The proposed project is required to comply with all applicable use and development standards of the CMC including the Residential Professional Zone and the Q, Qualified Development Overlay Zone (R-P-Q), CMC Chapters 21.18, 21.06 and Planned Developments CMC Chapter 21.45. The Q Overlay is intended to supplement the underlying zone by providing additional regulations for development within designated areas and provide a process for review and approval of Site Development Plans. Additional findings are required for development within the Q Overlay Zone which is listed below. The four-unit residential air-space condominium and office building meets or exceeds the requirements of the R-P-Q Zone as outlined in Table “D” below. The Planned Development regulations provide most of the development standards except for those listed in the table below. The project complies with all applicable development standards for Planned Developments (CMC Chapter 21.45). Please refer to Exhibit 8 for an analysis of project compliance with Tables C and E of the Planned Development regulations and full compliance with City Council Policy No. 66. TABLE D – R-P-Q R-P-Q STANDARDS REQUIRED PROPOSED COMPLY? Lot Area 7,500 square feet 13,743 square feet Yes Lot Width 75 feet 146 feet Yes As analyzed below, the proposed project is consistent with the findings for approval of a Site Development Plan Amendment, pursuant to CMC Chapter 21.06. 1. The proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code. The proposal to demolish two single-family residences to construct four residential air-space condominium units and a detached, approximately 897-square-foot office building complies with the requirements of the proposed R-P-Q Residential Professional and Qualified Development Overlay zones and all other applicable development regulations, including but not limited to Section 21.05.065 (Combination Zoning). The proposed residential and office uses are consistent with and implements the proposed R-15/O Residential/Office General Plan Land Use designation. Mixed uses that include residential and office such as the proposed project are encouraged to promote commercial services adjacent to residential areas. The project complies with all applicable land use and development standards of Chapter 21.06 and the Carlsbad Municipal Code such as setbacks, building height, parking, lot coverage, and open space. The project’s beach cottage architectural design is compatible with the architectural styles within the neighborhood. Proposed architectural features include stucco finish, hardie plank lap siding, pilasters, rafter tails, and variation in roof ridges and window elements, consistent with the architectural requirements of Chapter 21.45 of the Carlsbad Municipal Code. The approved plan set, and conditions of approval attached thereto, would establish the regulations and development standards of the property. 2. The requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 12 The proposed project complies with the development standards, including building setbacks, building height, open space, and parking. A total of 13 parking spaces are required and a total of 13 are proposed onsite. Each residential unit has an enclosed two-car garage and there are two residential visitor parking spaces onsite. In addition, three spaces are provided onsite for the office use. The project includes residential and an office component as one development, and both uses are permitted in the proposed R-P-Q zone and is consistent with the surrounding properties. The project site is surrounded by multi-family residential uses to the north, south, and east and to the west are commercial uses. The proposed colors, materials and architectural features are well coordinated and complementary to the site and its surroundings and would enhance the appearance of the neighborhood. No evidence has been submitted or discovered that would suggest that the proposed project would cause any material depreciation in appearance or detriment in value to the surrounding neighborhood. Furthermore, the proposed project does not create any traffic circulation impacts as Jefferson Street is adequately designed to accommodate the 45 Average Daily Trips (ADT) being generated. 3. The site for the intended development or use is adequate in size and shape to accommodate the use. The site for the intended development and use is adequate in size and shape to accommodate the use in that the Carlsbad Municipal Code requires a minimum width of 75 feet and the project provides 146 feet, and a minimum lot size of 7,500 square feet and the project has a total of 13,743 square feet. The project site provides adequate onsite circulation by meeting the minimum on-site drive aisle width suitable for safe vehicular travel and the site is accessed from Jefferson Street through a shared driveway. Further, the completion of the project would result in two buildings, which are in scale with the site and the surrounding vicinity. The project complies with all development standards such as open space, building setbacks, and parking. A total of 13 parking spaces are required for the proposed project and 13 spaces are provided onsite. The project design and conditions of approval contained within draft Planning Commission Resolution No. 7460 would help ensure compatibility of the proposed project with adjacent properties. 4. All yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained. The proposed project complies with the building setbacks and landscaping requirements outlined in the Planned Development Ordinance of the Carlsbad Municipal Code. The proposed project exceeds minimum setback and landscaping requirements by providing a 20-foot landscaped setback between the residential and office building and the front property line, where 10 feet is required. The proposed project meets the side and rear yard setbacks by providing a 10-foot side yard setback where 10 feet is required and a 20-foot setback where 20 feet is required. Enhanced landscaping is provided throughout the site and is consistent with the city’s Landscape Manual policies and guidelines. The existing site has fences along the perimeter of the property line boundary and the project proposes to replace the fence with a masonry block wall in the same location. 5. The street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 13 The site is served by Jefferson Street via Laguna Drive to the north or Grand Avenue to the south. Primary access to the project site would continue to be provided by one shared driveway serving the four residential units and office use and is located off Jefferson Street. Pursuant to the Vehicle Miles Traveled Analysis prepared by Dudek (March 7, 2022), the proposed project generates a total of 45 average daily trips (ADT). The net difference between the two existing single-family residences and the proposed four residential units and office use is 25 ADT. Since the proposed project would generate a total of 45 ADT, which is below the screening criteria of 110 ADT, the project is considered to have less than significant impacts and the surrounding street system serving the project is adequate to handle the 45 ADT generated by the project. C. Nonresidential Planned Development Ordinance (CMC Chapter 21.47) The office component of the proposed project is required to comply with the requirements of the Nonresidential Planned Development Ordinance (CMC Chapter 21.47). CMC Chapter 21.47 requires that any nonresidential planned development to comply with the underlying zone, which is the proposed Residential Professional – Q, Qualified Development Overlay Zone (R-P-Q). Therefore, the office building is subject to the applicable standards listed in CMC Chapter 21.18 and 21.06 as outlined in the Table “E” below. TABLE E – R-P-Q ZONE COMPLIANCE STANDARD REQUIRED PROPOSED COMPLY? Lot Area 7,500 square feet 13,743 square feet Yes Lot Width 75 feet 146 feet Yes Front Yard 20 feet 20 feet Yes Side Yard 10% of lot width, not to exceed 10 feet 10 feet Rear Yard 20% of lot width, not to exceed 20 feet 20 feet Yes Separation of Buildings 10 feet 15 feet Yes Height Limit 45 feet 23 feet 9 inches Yes Lot Coverage 60% 43% Yes Parking Off- Street Parking shall not be provided in required front or side yards Parking is provided behind the office building and outside of the front and side yard setbacks Yes As analyzed below, the proposed project is consistent with the findings for approval of a Non-Residential Planned Development Permit, pursuant to CMC Chapter 21.47. 1. The granting of this permit will not adversely affect and will be consistent with the code, the General Plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies. The project proposal includes a General Plan Amendment to change the land use from a R-15 Residential (8 - 15 du/ac) to R-15/O Residential/Office (8 - 15 du/ac) and the proposed Zone Change would designate the zone as R-P-Q to be consistent with the land use designation. The GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 14 project as designed is consistent with the proposed General Plan land R-15/O land use designation and all applicable development standards of the R-P-Q zone and the Carlsbad Municipal Code Titles 20 and 21 governing subdivisions and the design of nonresidential planned developments. The residential and office component meet or exceed all applicable code requirements such as land use, setbacks, building height, lot coverage, and open space requirements. In addition, the project would be conditioned to meet the inclusionary housing requirements and to pay the affordable housing in-lieu fee at the time of building permit issuance. 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the community. The proposed nonresidential planned development provides for individual ownership of the office building with the four residential units. The mixed-use project is compatible with the existing surrounding uses which includes multi-family residences directly adjacent to the project site to the north, south and east and commercial office buildings to the west. The project would contribute to the general well-being of the neighborhood and community in that the project would provide commercial services in a convenient location adjacent to residential uses. 3. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The project meets all applicable city standards and ordinances, and all public facilities and services are already developed. Adequate parking, access, and drainage facilities for the project site would be provided onsite. The project requires 13 parking spaces, and 13 parking spaces are provided onsite and meet minimum parking stall dimensions. Vehicular access to and from the site from Jefferson Street is designed to be adequate for the proposed nonresidential planned development. Because the project meets all applicable standards, the project is designed to be compatible with the surrounding development; therefore, the project would not adversely affect the health, safety or general welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity. 4. The proposed nonresidential planned development meets all of the minimum development standards of the underlying zone. No variances from the development standards have been requested or are required and the project is consistent with the Residential Professional and Qualified Development Overlay Zones. D. Subdivision Ordinance (CMC Title 20) The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance (Title 20) for Major Subdivisions. The subdivision is considered major because it involves the division of land into five or more condominiums (four residential and one office). The project is conditioned to install all infrastructure related improvements and the necessary easements for these improvements concurrent with development. E. Inclusionary Housing Ordinance (CMC Chapter 21.85) GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 15 For all residential development with fewer than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad Municipal Code Section 21.85.030(D)(3), the construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the application for a building permit for the new residential structure is exempt from affordable housing requirements. F. Growth Management (CMC Chapter 21.90) – Zone 1 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table “F” below: TABLE F – LFMP ZONE 1 SUMMARY STANDARD IMPACTS COMPLIANCE W/STANDARDS City Administration 14.15 sq. ft. N/A Library 7.55 sq. ft. N/A Wastewater Treatment 5 EDU Yes Parks 0.03 Yes Drainage 1 CFS Yes Circulation Existing: 20 Proposed: 45 Net Increase: 25 Yes Fire Station No. 1 Yes Open Space N/A N/A Carlsbad School District Carlsbad(E=.468/M=.2472/HS=.3156) Yes Sewer 5 EDU Yes Water 1,250 GPD Yes IV. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, a Program Environmental Impact Report (PEIR), State Clearinghouse No. 2011011004 (EIR 13-02), was certified as complete on September 22, 2014 by the City Council for the Comprehensive General Plan Update. The General Plan Update PEIR evaluated all land development proposed through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines section 15168, the request to construct four residential air-space condominium units and an office building is within the scope of the of the previously certified PEIR. The effects of the project were examined in the PEIR and all feasible mitigation measures and alternatives developed in the PEIR adequately address the anticipated adverse effects of the project. The project requires the processing and approval of a General Plan Amendment, Zone Change, Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and a Site Development Permit. When taking subsequent discretionary actions for which an PEIR has been certified, the Lead Agency is required to determine if later activities are within the scope of the prior environmental analysis and/or review any changed circumstances or new information to determine whether any of the GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 16 circumstances under Public Resources Code section 21166 and CEQA Guidelines section 15162 require additional environmental review. City staff evaluated the details of the request, and all aspects of the changes, in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166 and CEQA Guidelines section 15162. City staff concluded that the PEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the construction of four residential air-space condominium units and an office building, and therefore, no subsequent EIR or subsequent mitigated negative declaration is required. However, the details of the request also involve the processing and approval of a General Plan Amendment and Zone Change. Since the types of land uses permitted were not within the scope of the PEIR, a subsequent EIR, supplement to the EIR, mitigated negative declaration or negative declaration would have to be prepared. An addendum to a EIR may also be prepared, if minor changes or additions to the previous EIR are necessary, but none of the conditions listed in section 15162 of the CEQA Guidelines, have occurred. On that basis, city staff has prepared an Addendum, focusing on the environmental changes caused by the development project, including planning, construction and operation, pursuant to CEQA Guidelines section 15164 (see Exhibit 7). The Addendum is appropriate pursuant to CEQA Guidelines section 15164 because only minor changes and additions to the Final PEIR are necessary to address the project changes and no circumstances exist calling for the preparation of a subsequent or supplemental PEIR pursuant to CEQA Guidelines sections 15162 and 15163. The proposed Addendum concluded that there are no substantial changes to the circumstances under which the proposed project is undertaken that would require major revisions to the Final PEIR. There is no new information of substantial importance which was not known or could not have been known at the time the Final PEIR was certified that shows the proposed project would have significant effects not discussed previously; a substantial increase in severity of a previously identified significant impact; mitigation measures or alternatives previously found infeasible that would now be feasible and would substantially reduce one or more significant effects; or mitigation measures or alternatives which are considerably different from those analyzed in the Final PEIR which would substantially reduce one or more significant effects on the environment. The project would not result in new or more severe impacts beyond those addressed in the Final PEIR and would not meet any other standards requiring further environmental review under State CEQA Guidelines sections 15162 and 15163. No further analysis or environmental documentation is required. EXHIBITS: 1. Planning Commission Resolution No. 7458 (CEQA) 2. Planning Commission Resolution No. 7459 (GPA/ZC) 3. Planning Commission Resolution No. 7460 (CT/PUD/PUD/SDP) 4. Location Map 5. Map of Existing and Proposed Land Use and Zoning Changes (Exhibits GPA 2021-0004 and ZC 2021- 0003) 6. Disclosure Statement 7. 15164 Addendum to EIR 8. Planned Development Tables C & E 9. City Council Policy No. 66 Compliance Table 10. Reduced Exhibits 11. Full Size Exhibits “A” – “L” dated August 17, 2022 ATTACHMENT K Agenda Item No. Planning Commission Meeting AGENDA OF: Aug. 17, 2022 2 Project Name: Jefferson Mixed Use Development Request: Replace two existing single-family homes with a three-story, four-unit multi- family complex and a two-story office building Discretionary Actions: General plan & zoning code amendment, tentative map, and planned development, non-residential planned development, and site development permits CEQA Determination: Addendum Staff Recommendation: Approve Commission Action: ☐ Decision ☒ Recommendation ☐ Informational (No Action) Location: 2754 & 2770 Jefferson Street/APN 203-201-01 & -02 (District 1) Case Numbers: GPA2021-0004, ZC2021-0003, CT2021-0001, PUD2021-0004, PUD2022-0002, SDP2021-0014, DEV2020-0116 Applicant: Ed Scarpelli, owner (escarpelli@csusm.edu/ 760-685-0947) Representative: Robert Richardson, Architect (karnakdesign@gmail.com/760-828-0653 City Staff: Lauren Yzaguirre, Associate Planner (lauren.yzaguirre@carlsbadca.gov/442- 339-2634) Recommended Actions: 1. Adopt PC Resolution No. 7458 recommending adoption of an Addendum to the City of Carlsbad General Plan EIR (Attachment 1) 2. Adopt PC Resolution No. 7459 and 7460 recommending approval of the requested private development project (Attachments 2 & 3) EXISTING CONDITIONS & PROJECT DESCRIPTION Existing Setting The subject site consists of two legal parcels totaling 0.32 acres, located at 2754 and 2770 Jefferson Street (Attachment 4). The first address contains an existing two-bedroom, one bath single-family home while the second address contains a three-bedroom, two bath single-family home. Both homes were constructed sometime in the 1940s. The parcels are relatively flat with personal landscaping largely consisting of varying shrubs and trees. The project site is bordered on three sides by existing multi-family homes and commercial uses to the west. Attachment 5 includes the current land use designations for the subject and adjacent properties. Proposed Project The applicant proposes to demolish the existing two single-family homes and construct two detached new structures: a multi-family residential building; and, an office building. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 2 • Residential building A 9,802 square foot, three-story, four-unit residential attached condominium townhome development will be constructed near the northern portion of the property. The floor plans will vary in size (1,905 to 2,076 square feet, excluding the garages), but each unit will include three bedrooms, three-and-one- half bathrooms, enclosed two-car garage, balconies on the second and third floors, and rear yard areas on the ground floor. These private recreational areas will range in size from 352 to 860 square feet. A shared driveway from Jefferson Street will access the complex and two on-site visitor parking spaces will be provided. The architectural design is characterized as a beach cottage design. Refer to Attachments 6 for additional project details. • Commercial Building A two-story 897 square foot office complex, which will be located near the front of the parcel, facing Jefferson Street. The office complex will include three on-site parking spaces located to the rear of the building. The architectural design can best be characterized as a beach cottage design. Refer to Attachments 6 for additional project details. The proposed lot would be held in common interest divided between the four residential condominiums, single office building, and common areas. The common areas include, but are not limited to, the private drive aisle and landscaped areas. Grading for the proposed project is very minor, consisting of 202 cubic yards of cut, 80 cubic yards of fill and 122 cubic yards of export. PUBLIC OUTREACH & COMMENT Public notice of the proposed project was mailed on Dec. 15, 2021 to property owners within 600 feet of the subject property (279 total property owners notified). Additionally, the project is subject to City Council Policy No. 84 (Development Project Public Involvement Policy). As such, an Enhanced Stakeholder Outreach was held at the Carlsbad Senior Center on Dec. 28, 2021, where the applicant provided an overview of the proposed project and listened to comments and concerns raised by attendants. One adjacent property owner attended the outreach meeting and raised concerns regarding the proposed shared perimeter wall and the adequacy of the line of sight for the project’s driveway and inquired about the possibility of undergrounding the street utilities. No other comments were received during this public outreach effort. RESPONSE TO PUBLIC COMMENT & PROJECT ISSUES The applicant and the adject resident met and agreed to the construction of a masonry perimeter wall that would be 42-inches-tall within the front yard setback and six-feet-tall within the sides and rear yards. This addressed the resident’s wall design and site distance concerns, and the changes are reflected in the project drawings included in this staff report. Furthermore, the overhead wires serving the proposed project would be placed underground; however, pursuant to CMC section 20.16.040(D), the existing power poles in front of the project are not required to be undergrounded or removed, as the half-street section abutting the project site spans less than 600 feet. Therefore, the project would not underground or remove the two existing power poles in front of the property. All other project issues raised during the review process have been addressed either through design modifications or as conditions of approval, which are reflected in the draft Planning Commission resolutions. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 3 DISCRETIONARY ACTIONS & FINDINGS The proposed project requires approval of certain legislative changes (General Plan Amendment and Zone Change) as well as several permit types (Tentative Tract Map, Planned Development, Non-Residential Planned Development, and Site Development), each of which is discussed below. General Plan Amendment (GPA 2021-0004) An amendment to the General Plan Land Use Map is necessary to change the land use designation for 2754 Jefferson Street from R-15 Residential to R-15/O Residential/Office. The current designation for 2770 Jefferson Street (R-15/O Residential/Office) would remain unchanged. Approval of this amendment would allow for the office and residential use to be developed on one lot with a single land use designation. Based on a detailed analysis, staff finds that the required General Plan conformance findings (Attachment 7) for this application can be met. Zone Change (ZC 2021-0003) An amendment to the Zoning Map is necessary to change the zoning designation for 2754 Jefferson Street from Residential Density-Medium (RD-M) to Residential Professional – Qualified Development Overlay (R-P-Q). The current designation for 2770 Jefferson Street (R-P-Q) would remain unchanged. Approval of this amendment would be consistent with the proposed GPA and allows for the project to comply with the land use and development standards of one zoning designation. As reflected in Attachment 7, staff finds that the required General Plan conformance findings for this application can be met. Tentative Tract Map (CT 2021-0001) Approval of a Tentative Tract Map is necessary to merge the two parcels into a single lot, which will help simplify ownership of the air-space condominiums, office building, and common areas. Based on a detailed analysis, staff finds that the required General Plan conformance findings (Attachment 7) for this application can be met. Planned Development Permit (PUD 2021-0004) Approval of a Planned Development Permit (PDP) is necessary to show how the condominium townhomes comply with established standards relative to architectural design, lot coverage, height, building setbacks, residential parking, and private recreational space. Staff finds that the required General Plan Conformance findings (Attachment 7), PDP findings (Attachment 8) and Council Policy No. 66 findings (Attachment 9) for this application can be met. Non-Residential Planned Development Permit (PUD 2022-0002) Approval of a Non-Residential Planned Development Permit is necessary to show how the office building complies with established development standards relative to lot size and configuration and community compatibility. Staff finds that the required General Plan Conformance findings (Attachment 7) and the PDP findings (Attachment 10) for this application can be met. Site Development Plan (SDP 2021-0014) Approval of a Site Development Permit (SDP) is required to ensure that that site layout, configuration, and site development standards comply with all relevant city standards. (CMC §21.06.030). Staff finds that the required General Plan Conformance findings (Attachment 7) Council Policy No. 66 findings (Attachment 9), and the SDP findings (Attachment 11) for this application can be met. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 4 Considering the information above and in the referenced attachments, staff recommends that the Planning Commission recommend to the City Council approve the project. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, a Program Environmental Impact Report (PEIR), State Clearinghouse No. 2011011004 (EIR 13-02), was certified as complete on Sept. 22, 2015 by the City Council for the Comprehensive General Plan Update. The General Plan Update PEIR evaluated all land development proposed through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines section 15168, the request to construct four residential air-space condominium units and an office building is within the scope of the of the previously certified PEIR. The effects of the project were examined in the PEIR, and all feasible mitigation measures and alternatives developed in the PEIR adequately address the anticipated adverse effects of the project. Staff has found that an Addendum to the PEIR is appropriate pursuant to CEQA Guidelines section 15164 because only minor changes and additions to the Final PEIR are necessary to address the project changes and no circumstances exist calling for the preparation of a subsequent or supplemental PEIR pursuant to CEQA Guidelines sections 15162 and 15163. Refer to Attachment 12 for additional support and justification. ATTACHMENTS: 1. PC Resolution No. 2458 2. PC Resolution No. 2459 3. PC Resolution No. 2460 4. Site location map 5. Site & surrounding land uses 6. Development plans 7. General Plan Conformance table 8. Planned Development Permit findings (residential) 9. City Council Policy No. 66 findings 10. Planned Development Permit findings (office building) 11. Site Development Permit findings 12. CEQA findings and 15164 Addendum to EIR 13. Disclosure statement ATTACHMENT L Date: Aug. 17, 2022 Item No. 2 Project Planner: Lauren Yzaguirre lauren.yzaguirre@carlsbadca.gov PROJECT CASE NOS.: GPA 2021-0004/ZC2021-0003/CT2021-0001/PUD2021-0004/PUD2022-0002/ SDP2021-0014 (DEV2020-0116) PROJECT NAME: Jefferson Mixed-Use REQUEST: Demolish two single-family homes and approve the construction of four residential air-space condominium units and a detached, 897-square-foot office building PERMITS AND DISTRECTIONARY ACTIONS REQUESTED: General Plan Amendment, Zone Change, Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and a Site Development Plan LOCATION: 2770 and 2754 Jefferson Street APNS: APNs 203-201-01, -02 PROPERTY OWNER: Scarpelli Family Trust APPLICANT: Robert Richardson, Karnak Planning and Design CEQA STATUS: ☒ The environmental assessment IS on the agenda for discussion. environmental assessment must be reviewed and considered prior to taking action on the project; or ☐ The environmental assessment IS NOT on the agenda for discussion. A CEQA determination has already been issued, and that decision is considered final. PREVIOUS ACTIONS: None CEQA RECOMMENDATION: ADOPT a resolution RECOMMENDING ADOPTION of an Addendum to the City of Carlsbad General Plan EIR; and PROJECT RECOMMENDATION: ADOPT resolutions to approve the project, based on the findings and subject to the conditions contained therein. CITY COUNCIL HEARING REQUIRED BEFORE FINAL APPROVAL: ☒ YES ☐ NO DECISION APPEALABLE TO THE CITY COUNCIL: ☐ YES ☒ NO FINAL DECISION APPEALABLE TO THE CA COASTAL COMMISSION: ☐ YES ☒ NO GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 2 1. BACKGROUND: 1A. Project Site/Existing Setting: The proposed project comprises of two parcels totaling 0.32 acres (APNs 203-201-01, -02), located at 2770 and 2754 Jefferson Street. The subject properties are currently developed with a single- family residence on each parcel. The project site is bordered by multi-family residences to the north, south, and east, and Jefferson Street and commercial uses to the west. The project site is relatively flat and takes access from Jefferson Street. An aerial project vicinity map is attached (Exhibit 1). Table “A” below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site 2770 Jefferson: R-15/O Residential/Office (8- 15 du/ac)) 2754 Jefferson: R-15 Residential (8-15 du/ac) 2770 Jefferson: Residential Professional – Qualified Development Overlay (R-P-Q) 2754 Jefferson: Residential Density- Multiple Zone (RD-M) 2770 Jefferson: Single-family residential 2754 Jefferson: Single-family residential North R-15 Residential (8-15 du/ac) Residential Density- Multiple Zone (RD-M) Multi-family residential South R-15/O Residential/Office (8- 15 du/ac) Residential Professional – Qualified Development Overlay (R-P-Q) Multi-family residential East R-15 Residential (8-15 du/ac) Multiple-Family Residential (R-3) Multi-family residential West Village-Barrio (V-B) Village-Barrio V-B Residential and Commercial 1B. Summary of the Request: The proposed project is accessed from a single driveway along Jefferson Street and includes a shared drive-aisle with four attached condominium units on the north side of the property, and a detached office building located along Jefferson Street in the southwest corner of the lot. The condominium units are designed as three-story townhomes and would share common vertical walls. Each residential unit includes three bedrooms, three-and-one-half bathrooms, an enclosed two-car garage, balconies on the second and third floors, and rear yard areas on the ground floor. Each of the four floor plans vary in size, ranging from 1,905-square-feet to 2,706-square-feet. Each unit accommodate private recreational areas (yards and deck space), measuring 352-square- GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 3 feet (unit 1), 458-quare feet (unit 2), 690-square-feet (unit 3), and-860 square-feet (unit 4). There are two, unenclosed visitor parking spaces on-site (provided via two carports) for the residential use and the office building has three unenclosed, on-site parking spaces located to the rear of the building. The architectural design is characterized as a beach cottage design and includes a stucco finish, hardie plank lap siding, pilasters, rafter tails, and variation in roof ridges and window elements. The proposed lot would be held in common interest divided between the four residential condominiums, single office building, and common areas. The common areas include, but are not limited to, the private drive aisle and landscaped areas. Grading for the proposed project consists of 202 cubic yards of cut, 80 cubic yards of fill and 122 cubic yards of export. Project plans are attached to the staff report (Exhibit “10”). The improvements and uses described above are hereinafter referred to as “Project”. 1C. Application Information: The applicant applied for a Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and a Site Development Permit to demolish the existing two single- family residences and construct a three-story, four-unit multi-family residential building and a detached, two-story 897-square-foot office building. The subject application involves two parcels that have different General Plan land use and zoning designations. To provide a consistent land use designation and zoning for the project, the two parcels would be merged with the proposed General Plan Amendment and Zone Change. Approval of the proposed General Plan Amendment and Zone Change are necessary to enable the processing of the land development application to construct four residential units and a detached office building on one legal lot. The requested applications to implement this Project include the following: • General Plan Amendment, GPA 2021-0004 represents a request to amend the General Plan Land Use Map to reassign the land use designation for one of the two Project parcels on the site (APN: 203-201-01-00) from R-15 Residential to R-15/O Residential/Office, via an adjustment of the boundary between these two land use designations. The other parcel on site (APN: 203-201-02-00) would remain a R-15/O Residential/Office General Plan land use designation. Table “B” below lists the existing and proposed land use designation changes. The proposed land use amendment would allow for the office and residential use to be developed on one lot and ensures both parcels have the same land use designation. TABLE B – EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATIONS Address Existing Land Use Proposed Land Use 2770 Jefferson Street GP Land Use: R-15/O No Change 2754 Jefferson Street GP Land Use: R-15 GP Land Use: R-15/O The proposed General Plan Amendment would not increase the density of the development allowed on the site. The proposed office building is located on the parcel that allows for office uses. A vicinity map of the existing and proposed land use changes is provided in Exhibit “2.” GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 4 • Zone Change, ZC 2021-0003 represents a request to amend the City-wide Zoning Map to reassign the Project site’s zoning designation from Residential Density-Medium (RD-M) to Residential Professional – Qualified Development Overlay (R-P-Q), via an adjustment of the boundary between these two districts. The Zone Change would prevent a split zoned Project and would allow for the office and residential use on one consolidated lot. The proposed Zone Change would also be consistent with the proposed land use designation. Table “C” below lists the existing and proposed zoning district changes. The vicinity map of the zoning districts is provided in Exhibit “3.” TABLE C – EXISTING AND PROPOSED ZONING DISTRICTS Address Existing Land Use & Zoning Proposed Land Use & Zoning 2770 Jefferson Street Zone: R-P-Q No Change 2754 Jefferson Street Zone: RD-M Zone: R-P-Q • Tentative Tract Map, CT 2021-0001 represents a request to merge the lots and allow for a one lot subdivision for air-space condominiums for the four residential units, office building, and common areas. • Planned Development Permit, PUD 2021-0004. A Planned Development Permit is requested for the development of the residential component of the Project. • Non-Residential Planned Development Permit Amendment, PUD 2022-0002. A Non- Residential Planned Development Permit is requested for separate ownership and development of the office building component of the Project. • Site Development Plan, SDP 2021-0014. According to Section 21.06.030 of the Zoning Code, a Site Development Plan application is required to develop in the Q zone. Since the Project is proposing a Zone Change to bring both parcels into consistency to be zoned as R-P-Q, the development of the Project requires the approval of a Site Development Permit. 2. ANALYSIS 2A. Compliance with Regulations: The proposed Project is subject to the following plans, policies and standards: 1. General Plan: A. R-15/O Residential/Office General Plan land use designation B. Other related goals and policies that guide development and land use 2. Ordinances: A. Residential Professional Zone (Carlsbad Municipal Code (CMC) Chapter 21.18) 2. Qualified Development Overlay (CMC Chapter 21.06) GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 5 3. Parking Ordinance (CMC Chapter 21.44) 4. Planned Development Ordinance (CMC Chapter 21.45) 5. Nonresidential Planned Development Ordinance (CMC Chapter 21.47) 6. Subdivision Ordinance (CMC Title 20) 7. Inclusionary Housing Ordinance (CMC Chapter 21.85) 3. Growth Management - Local Facilities Management Plane Zone 1 (CMC Chapter 21.90) The proposed Project was reviewed for conformance and staff’s recommendation for approval was developed by analyzing the proposed Project for plan, policy and standards consistency. The Project application was circulated to various city and local agencies and departments for review, and modifications were made to the Project to address any site or building design concerns. Comments from agencies have either been addressed through the processing of the Project or have been included as conditions of approval in draft resolution(s). A detailed discussion of the Project’s consistency analysis with each plan, policy, or standard is described in Exhibit “4” and incorporated by reference in the attached resolution(s). 2B. Compatibility with Surrounding Properties: The GPA would adjust the boundaries between the two land use designations to ensure both parcels have the same General Plan land use designation of R-15/O Residential/Office for the 0.32- acre site. The GPA would amend the General Plan Land Use Map to change the land use designation for one of the two Project parcels on the site (APN: 203-201-01-00) from R-15 Residential to R-15/O Residential/Office. The other parcel on site (APN: 203-201-02-00) would remain a R-15/O Residential/Office General Plan land use designation. The Project site is bordered by multi-family residences to the north, south, and east, and Jefferson Street and commercial uses to the west. The Project site is relatively flat and takes access from Jefferson Street. Design, mass, and scale meet the design requirements for the zone and are consistent with the development in the area. The proposed height of the structures are comparable to many other structures in the larger vicinity and complies with the height standards of the underlying zone. 2C. Availability of Public Services: 1. Effect on police services. The City of Carlsbad Police Department (CPD) is located at 2560 Orion Way and is approximately 7.0 surface travel miles to the southeast of the Project site. Has the Applicant addressed all CPD concerns regarding crime prevention through site and building design? ☒ YES ☐ NO 2. Effect on fire services. The Carlsbad Fire Department (CFD) response time standards is 7.5 minutes. Fire Station No. 1 is located at 1275 Carlsbad Village Dr., which is 0.75 miles away from the Project site. A new fire hydrant is proposed to be located on the south-end of the Project, along Jefferson St. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 6 Has the Applicant addressed all CFD concerns regarding life safety measures and the ability to provide emergency response services to the Project? ☒ YES ☐ NO 3. Utilities. The Project site is surrounded by existing development with existing infrastructure. All required new infrastructure needed would be connected to existing infrastructure. No extensions of expansion of existing infrastructure systems would be required. A. Water Carlsbad Municipal Water District. The connections to the water system would be to 12-inch water main line in Jefferson St. B. Carlsbad Wastewater Service Area. The connections to the service system would be through a 6-inch gravity sewer main in Jefferson St. (contributing flow characteristics of 6 EDU). Did each district/department provide “Will Serve” letters to support the implementation of the Project? ☒ YES ☐ NO 5. Drainage. The Project would result in disturbance of approximately 0.32 acres, including creating 0.16 acres of new impervious surfaces. The Project is considered a Standard Project and has incorporated Best Manage Practices into the Project’s design. Does the Project comply with all applicable grading and drainage requirements to achieve stormwater compliance? ☐ YES ☒ NO 2D. CEQA Review: In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, the following environmental assessment or document was prepared to support the approval of the Project. ☐ Not a project ☐ Exemption ☐ IS/ND or IS/MND ☐ IS/EIR ☒ Other: Addendum A Program Environmental Impact Report (PEIR), State Clearinghouse No. 2011011004 (EIR 13-02), was certified as complete on September 22, 2015 by the City Council for the Comprehensive General Plan Update. The General Plan Update PEIR evaluated all land development proposed through the application of policies, regulations, and as logical parts of a long-term plan. The PEIR fully analyzed and mitigated, where feasible, all potentially significant environmental impacts, if any, that would result from the construction of four residential air-space condominium units and an office building, and therefore, no subsequent EIR or subsequent mitigated negative declaration is required. However, the details of the request also involve the processing and approval of a General Plan Amendment and Zone Change. On that basis, city staff has prepared an Addendum, focusing on the environmental changes caused by the development Project, including planning, construction and operation, pursuant to CEQA Guidelines section 15164 (see Exhibit “9”). The Addendum is appropriate because only minor changes and additions to the Final PEIR are GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 7 necessary to address the project changes and no circumstances exist calling for the preparation of a subsequent or supplemental PEIR pursuant to CEQA Guidelines sections 15162 and 15163. No further analysis or environmental documentation is required. 3. PUBLIC FEEDBACK 3A. Public Outreach: The proposed Project is subject to City Council Policy No. 84, Development Project Public Involvement Policy. An Enhanced Stakeholder Outreach was held at the Carlsbad Senior Center on December 28, 2021. One neighboring resident, who lives adjacent to the proposed Project site, attended the outreach meeting and had concerns regarding the shared perimeter wall, ensuring adequate line of sight was maintained for the Project’s driveway and inquired about the possibility of undergrounding utilities. The Project applicant and concerned resident agreed that the applicant would construct a masonry perimeter wall that would be 42-inches-tall within the front yard and six-feet-tall within the sides and rear yards. The applicant communicated to the concerned resident, and staff confirmed, that the proposed walls and design ensure the Project meets the required line of sight for vehicular and pedestrian safety. Furthermore, the overhead wires serving the proposed Project would be placed underground; however, pursuant to CMC section 20.16.040(D), the existing power poles in front of the Project are not required to be undergrounded or removed, as the half-street section abutting the Project site spans less than 600 feet. Therefore, the Project would not underground or remove the two existing power poles in front of the property. 3B. Public Meeting Notice: The proposed Project was noticed in compliance with CMC Section 21.54.060. The city posted a sign on the property, mailed notices to property owners within a 600-foot radius, advertised in the newspaper a minimum of 10 days prior to the hearing. Additionally, as a courtesy, the notice was posted at City Hall and on the Community Development Department’s website under “Public Notices.” No public comment letters were received at the time this report was prepared. 4. KEY REQUIREMENTS FOR REQUESTED ACTIONS This is a request for the Planning Commission to review and consider the proposed Project. The purpose of this report is to provide the Planning Commission with the information necessary to evaluate the Project, the conditions for approval, and the findings for approval included in the draft resolution(s). Key requirements for the requested actions include the following: • Is the proposed Project consistent with the vision, goals and policies of the General Plan? • Does the proposed Project comply with the applicable ordinances and objective design standards? • Is the proposed Project consistent with the applicable provisions of the Local Facility Management Zone? GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 8 • Did CEQA review occur prior to Project approval or does the record provide enough information about the Project’s impacts on the environment to reach a conclusion? V. CONCLUSION As noted in the attachments and resolutions, staff has found that the proposed Project is consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal Code and Local Facility Management Zone. All required public improvement and utilities are available to serve the proposed development. In addition, there are no environmental issues associated with the Project. The Project is conditioned to ensure the proposed Project’s compatibility with the surrounding properties and that the public health, safety, and welfare of the community are maintained. The Project would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolution, recommending approval of the proposed Project described in this staff report. EXHIBITS: 1. Location and Aerial Vicinity Map 2. Map of Existing and Proposed Land Use Designations (GPA 2021-0004) 3. Map of Existing and Proposed Zoning Designations (ZC 2021-0003) 4. Supplemental Details of the Request and Consistency Analysis 5. Planning Commission Resolution (CEQA) 6. Planning Commission Resolution (GPA/ZC) 7. Planning Commission Resolution (CT/PUD/PUD/SDP) 8. Disclosure Statement 9. 15164 Addendum to EIR 10. Reduced Project Plan Set, Exhibits “A” – “L” dated August 17, 2022 ATTACHMENT M Agenda Item No. Planning Commission Meeting AGENDA OF: Aug. 17, 2022 2 Project Name: Jefferson Mixed Use Development Request: Replace two existing single-family homes with a three-story, four-unit multi- family complex and a two-story office building Discretionary Actions: General plan & zoning code amendment, tentative map, and planned development, non-residential planned development, and site development permits CEQA Determination: ☐ Not a Project ☐ Exempt ☐ IS/ND or IS/MND ☐ EIR ☒ Other: Addendum CEQA Status: ☒ The environmental assessment IS on the Agenda for discussion ☐ A CEQA determination was already issued. That decision is final and IS NOT on the Agenda Staff Recommendation: Approve Commission Action: ☐ Decision ☒ Recommendation to City Council ☐ Informational (No Action) Location: 2754 & 2770 Jefferson Street/APN 203-201-01 & -02 (District 1) Case Numbers: GPA2021-0004, ZC2021-0003, CT2021-0001, PUD2021-0004, PUD2022-0002, SDP2021-0014, DEV2020-0116 Applicant: Ed Scarpelli, owner (escarpelli@csusm.edu/760-685-0947) Representative: Robert Richardson, Architect (karnakdesign@gmail.com/760-828-0653 City Staff: Lauren Yzaguirre, Associate Planner (lauren.yzaguirre@carlsbadca.gov/442- 339-2634) Recommended Actions: 1. Adopt a resolution recommending adoption of an Addendum to the City of Carlsbad General Plan EIR (Exhibit 2) 2. Adopt resolutions recommending approval of the requested private development project (Exhibits 3 & 4) EXISTING CONDITIONS & PROJECT DESCRIPTION Existing Setting The subject site consists of two legal parcels totaling 0.32 acres, located at 2754 and 2770 Jefferson Street (Exhibit 1). The first address contains an existing two-bedroom, one bath single-family home while the second address contains a three-bedroom, two bath single-family home. Both homes were constructed sometime in the 1940s. The parcels are relatively flat with personal landscaping largely consisting of varying shrubs and trees. The subject site is bordered on three sides by existing multi-family homes and commercial uses to the west. GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 2 Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and surrounding properties. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site 2770 Jefferson: R-15/O Residential/Office (8- 15 du/ac)) 2754 Jefferson: R-15 Residential (8-15 du/ac) 2770 Jefferson: Residential Professional – Qualified Development Overlay (R-P-Q) 2754 Jefferson: Residential Density- Multiple Zone (RD-M) 2770 Jefferson: Single-family residential 2754 Jefferson: Single-family residential North R-15 Residential (8-15 du/ac) Residential Density- Multiple Zone (RD-M) Multi-family residential South R-15/O Residential/Office (8- 15 du/ac) Residential Professional – Qualified Development Overlay (R-P-Q) Multi-family residential East R-15 Residential (8-15 du/ac) Multiple-Family Residential (R-3) Multi-family residential West Village-Barrio (V-B) Village-Barrio V-B Residential and Commercial Proposed Project The applicant proposes to demolish the existing two single-family homes and construct two detached new structures: 1) a multi-family residential building; and 2) an office building. • Residential building A 9,802 square foot, three-story, four-unit residential attached condominium townhome development will be constructed near the northern portion of the property. The floor plans will vary in size (1,905 to 2,076 square feet, excluding the garages), but each unit will include three bedrooms, three-and-one- half bathrooms, enclosed two-car garage, balconies on the second and third floors, and rear yard areas on the ground floor. These private recreational areas will range in size from 352 to 860 square feet. A shared driveway from Jefferson Street will access the complex and two on-site visitor parking spaces will be provided. The architectural design is characterized as a beach cottage design. • Commercial Building A two-story 897 square foot office complex, which will be located near the front of the parcel, facing Jefferson Street. The office complex will include three on-site parking spaces located to the rear of the building. The architectural design can best be characterized as a beach cottage design. The proposed lot would be held in common interest divided between the four residential condominiums, single office building, and common areas. The common areas include, but are not limited to, the private drive aisle and GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 3 landscaped areas. Grading for the proposed improvements and uses are very minor, consisting of 202 cubic yards of cut, 80 cubic yards of fill and 122 cubic yards of export. Project plans are attached to the staff report (Exhibit 6). The improvements and uses described above are hereinafter referred to as “Project.” PUBLIC OUTREACH & COMMENT Public notice of the proposed Project was mailed on Dec. 15, 2021 to property owners within 600 feet of the subject property (279 total property owners notified). Additionally, the Project is subject to City Council Policy No. 84 (Development Project Public Involvement Policy). As such, an Enhanced Stakeholder Outreach was held at the Carlsbad Senior Center on Dec. 28, 2021, where the applicant provided an overview of the proposed Project and listened to comments and concerns raised by attendants. One adjacent property owner attended the outreach meeting and raised concerns regarding the proposed shared perimeter wall and the adequacy of the line of sight for the Project’s driveway and inquired about the possibility of undergrounding the street utilities. No other comments were received during this public outreach effort. RESPONSE TO PUBLIC COMMENT & PROJECT ISSUES The applicant and the adject resident met and agreed to the construction of a masonry perimeter wall that would be 42-inches-tall within the front yard setback and six-feet-tall within the sides and rear yards. This addressed the resident’s wall design and site distance concerns, and the changes are reflected in the project drawings included in this staff report. Furthermore, the overhead wires serving the proposed Project would be placed underground; however, pursuant to CMC section 20.16.040(D), the existing power poles in front of the Project are not required to be undergrounded or removed, as the half-street section abutting the Project site spans less than 600 feet. Therefore, the Project would not underground or remove the two existing power poles in front of the property. All other Project issues raised during the review process have been addressed either through design modifications or as conditions of approval, which are reflected in the draft Planning Commission resolutions. DISCRETIONARY ACTIONS & FINDINGS The proposed Project requires approval of certain legislative changes (General Plan Amendment and Zone Change) as well as several permit types (Tentative Tract Map, Planned Development, Non-Residential Planned Development, and Site Development), each of which is discussed below. General Plan Amendment (GPA 2021-0004) An amendment to the General Plan Land Use Map is necessary to change the land use designation for 2754 Jefferson Street from R-15 Residential to R-15/O Residential/Office. The current designation for 2770 Jefferson Street (R-15/O Residential/Office) would remain unchanged. Approval of this amendment would allow for the office and residential use to be developed on one lot with a single land use designation. Table “B” below lists the existing and proposed land use designation changes. The proposed land use amendment would allow for the office and residential use to be developed on one lot and ensures both parcels have the same land use designation. TABLE B – EXISTING AND PROPOSED GENERAL PLAN LAND USE DESIGNATIONS Address Existing Land Use Proposed Land Use 2770 Jefferson Street GP Land Use: R-15/O No Change 2754 Jefferson Street GP Land Use: R-15 GP Land Use: R-15/O GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 4 A map of the existing and proposed land use changes is provided in the attached resolution (Exhibit 2). Based on a detailed analysis, staff finds that the required findings for this application can be met, as reflected in the attached resolution (Exhibit 3). Zone Change (ZC 2021-0003) An amendment to the Zoning Map is necessary to change the zoning designation for 2754 Jefferson Street from Residential Density-Medium (RD-M) to Residential Professional – Qualified Development Overlay (R-P-Q). The current designation for 2770 Jefferson Street (R-P-Q) would remain unchanged. Approval of this amendment would be consistent with the proposed GPA and allows for the Project to comply with the land use and development standards of one zoning designation. Table “C” below lists the existing and proposed zoning district changes. TABLE C – EXISTING AND PROPOSED ZONING DISTRICTS Address Existing Land Use & Zoning Proposed Land Use & Zoning 2770 Jefferson Street Zone: R-P-Q No Change 2754 Jefferson Street Zone: RD-M Zone: R-P-Q A map of the existing and proposed zoning districts is provided in the attached resolution (Exhibit 2). Based on a detailed analysis, staff finds that the required findings for this application can be met, as reflected in the attached resolution (Exhibit 3). Tentative Tract Map (CT 2021-0001) Approval of a Tentative Tract Map is necessary to merge the two parcels into a single lot, which will help simplify ownership of the air-space condominiums, office building, and common areas. Based on a detailed analysis, staff finds that the required findings for this application can be met (Exhibit 4). Planned Development Permit (PUD 2021-0004) Approval of a Planned Development Permit (PDP) is necessary to show how the condominium townhomes comply with established standards relative to architectural design, lot coverage, height, building setbacks, residential parking, and private recreational space. Staff finds that the required findings for this application can be met (Exhibit 4). Non-Residential Planned Development Permit (PUD 2022-0002) Approval of a Non-Residential Planned Development Permit is necessary to show how the office building complies with established development standards relative to lot size and configuration and community compatibility. Staff finds that the required findings for this application can be met (Exhibit 4). Site Development Plan (SDP 2021-0014) Approval of a Site Development Permit (SDP) is required to ensure that that site layout, configuration, and site development standards comply with all relevant city standards. (CMC §21.06.030.) Staff finds that the required findings for this application can be met (Exhibit 4). GPA 2021-0004/ZC 2021-0003/CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 (DEV2020-0016) – JEFFERSON MIXED USE August 17, 2022 Page 5 ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, a Program Environmental Impact Report (PEIR), State Clearinghouse No. 2011011004 (EIR 13-02), was certified as complete on Sept. 22, 2015 by the City Council for the Comprehensive General Plan Update. The General Plan Update PEIR evaluated all land development proposed through the application of policies, regulations, and as logical parts of a long-term plan. Pursuant to CEQA Guidelines section 15168, the request to construct four residential air-space condominium units and an office building is within the scope of the of the previously certified PEIR. The effects of the Project were examined in the PEIR, and all feasible mitigation measures and alternatives developed in the PEIR adequately address the anticipated adverse effects of the Project. Staff has found that an Addendum to the PEIR is appropriate pursuant to CEQA Guidelines section 15164 because only minor changes and additions to the Final PEIR are necessary to address the Project changes and no circumstances exist calling for the preparation of a subsequent or supplemental PEIR pursuant to CEQA Guidelines sections 15162 and 15163. Refer to the attached resolution for additional support and justification (Exhibit 2). CONCLUSION Considering the information above and in the referenced attachments, staff has found that the proposed Project is consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal Code and Local Facility Management Zone. All required public improvement and utilities are available to serve the proposed development. In addition, there are no environmental issues associated with the Project. The Project is conditioned to ensure the proposed Project’s compatibility with the surrounding properties and that the public health, safety, and welfare of the community are maintained. The Project would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolutions, recommending approval of the proposed Project described in this staff report. ATTACHMENTS: 1. Site location map 2 Planning Commission Resolution (CEQA) 3. Planning Commission Resolution (GPA/ZC) 4. Planning Commission Resolution (CT/PUD/PUD/SDP) 5. Disclosure Statement 6. Reduced Project Plan Set, Exhibits “A” – “L” dated August 17, 2022 Community Services Branch Community Development Department 1635 Faraday Avenue | Carlsbad, CA 92008 | 442-339-5088 t Planning Commission Memorandum October 19, 2022 To: From: Re: Chairperson Stine and Members of the Planning Commission Mike Strong, Assistant Director of Community Development DISCUSSION ON AGENDA SETTING AND PACKET DISTRIBUTION (AGENDA ITEM NO. 3) This memorandum is intended to help guide a discussion on how best to provide the Planning Commission with the information necessary to review and consider land development requests. The goal is to review existing procedures and protocols and consider possible changes to existing practices to better align them with other city boards and commissions. Background The Planning Commission is governed by State laws, city ordinances, and other policies established by the City Council. These standards and policies collectively provide guidance to how to administer Planning Commission meetings, to have a fair decision-making process, and to make appropriate determinations concerning land use or community development applications. On July 6, 2022, the Planning Commission held a workshop which covered an array of different topics and subjects involving the roles and functions of the Planning Commission. As a follow-up to this discussion, city staff considered possible ways to improve, simplify, or streamline meeting business. At the October 19, 2022 meeting, city staff will present information about potential changes to the current operating procedures and protocols (related to agenda setting and packet distribution, as described below). At their meeting, Commissioners are expected to provide input and direction as appropriate. If Commission members accept the general approach and recommendations for proposed changes, city staff will help the Commission implement these new procedures, effective immediately. If additional time is needed, city staff will plan to return in November for any follow-up discussion prior to implementation. Discussion Agenda Setting Pursuant to Section 2.15.090 of the Carlsbad Municipal Code (CMC), all boards and commissions shall conduct their meetings pursuant to the rules contained in CMC Chapter 1.20 and any additional rules and regulations developed by the city clerk working in conjunction with the board or commission. The CMC specifies that an agenda may contain a consent calendar of items grouped together for action by single motion and without discussion when the items are considered to be routine, noncontroversial or in Item No. 3 October 19, 2022 Planning Commission Meeting Agenda Item No. 3 Page 2 the nature of housekeeping matters (Section 1.20.120). The City Council utilizes the consent calendar as part of their meetings. To expedite Commission meetings and reserve time for matters that need to be discussed, staff recommends having a section on the Planning Commission agendas labeled as the “consent calendar.” Items on the consent calendar would be generally non-controversial items that do not require much, if any, discussion, and presented for approval with no presentation. This change in policy would save time and resources. Should the Commission agree to group non-controversial items on consent, staff would include a statement on the agenda to indicate the procedure for removing an item from the consent calendar for separate discussion. This would enable the item to be voted upon separately if discussion is needed or if a Commissioner needs to not vote on that item because of a disqualifying conflict of interest. Packet Distribution For each Commission meeting, city staff provides each Commissioner with a hardcopy packet of meeting materials. The packet typically includes the agenda, draft minutes, and staff reports with exhibits/plans. The staff report for each business item generally provides the Planning Commission with the information necessary to review and consider the land development request, the conditions for approval, and the findings for approval included in the draft resolution(s). Agenda packets are delivered approximately 96 to 72 hours in advance of the meeting so Commissioners have time to reflect and can have their questions, issues, or concerns ready. A number of public bodies have been moving toward electronic media for all of their work, including the City Council. With electronic meeting preparation, the compiler uses special software to build the Commission packet, rather than the slow process of collating, copying, page numbering, and binding; and staff time it takes to drive and deliver packets to each Commissioner. To better align the Commission’s procedures and protocols to match those of the City Council, staff recommends paper-less distribution of agenda packets. This change in policy would save paper, time, and resources. Should the Commission agree to electronic packet distribution, it is important to note that Commissioners may still request hard copies if preferred. And if detailed civil or complex architectural drawings are submitted and need to be reviewed in paper format, hard copy plan sets would still be distributed (as supplementary to the rest of the agenda packet). Next Steps If directed by the Planning Commission, staff would implement any new procedures and protocols for the next regularly scheduled meeting. Attachments: None