HomeMy WebLinkAbout2005-03-28; Design Review Board; Resolution 2971.
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DESIGN REVIEW BOARD RESOLUTION NO. 297
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
VARIANCES FOR REAR AND SIDE YARD SETBACKS WHICH EXCEED
THE MAXIMUM STANDARD RANGE, FOR THE CONSTRUCTION OF A
PROPERTY LOCATED AT 507 PINE AVENUE IN LAND USE DISTRICT 5
OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PINE AVENUE UNITS
REDEVELOPMENT PERMIT NUMBER RP 04-1 7, INCLUDING
7,128 SQUARE FOOT MULTI-FAMILY CONDOMINIUM ON THE
APN: 204-08 1-0 1
CASE NO: RP 04-17
WHEREAS, Francis Helmuth, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Pine Associates,
LLC, “Owner”, described as Assessor Parcel Number 204-081-01, and more thoroughly
described in Attachment A, (“the Property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits “A-E” dated March 28, 2005, on file in the Housing and Redevelopment
Department, “Pine Avenue Units RP 04-17”, as provided by Chapter 21.35.080 of the Carlsbad
Municipal Code; and
WHEREAS, the Design Review Board did on the 28& day of March, 2005, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring “Pine Avenue Units.”
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board APPROVES the Pine Avenue Condominiums Rp 04-17, based on the
following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Housing & Redevelopment Director has determined that the project belongs to a class of
projects that the State Secretary for Resources has found do not have a significant impact on
the environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
Guidelines as an infill development project. In making this determination, the Housing &
Redevelopment Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
2. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for a rear and side yard setback variances and the
establishment of the RH density designation for the project is in conformance with the
Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the
Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated March 28,2005 including, but not limited to the following:
a.
b.
C.
d.
The proposed project is consistent with the goals and objectives for the Village,
as outlined within the General Plan, because it provides for a multi-family
residential use in an appropriate location within the Village. This in turn serves
to enhance the Village by providing the necessary residential support. The
location of the project will provide the new residents an opportunity to walk to
shopping, recreation and mass transit functions. The new residential units will
enhance the Village as a place for living and working. The project will also be
close to existing bus routes, furthering the goal of new economic development
near transportation corridors.
The project is consistent with Village Redevelopment Master Plan and Design
Manual in that the proposed project assists in satisfying the goals and objectives
set forth for Land Use District 5 through the following actions: 1) the project
provides a new residential development that will improve the physical
appearance of the village area, and 2) the building is designed in a manner that
compliments nearby residential uses by incorporating many of a same
architectural elements found in residential projects.
The project as designed is consistent with the development standards for Land
Use District 5, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual, with the exception of the
requested variances.
The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation have
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e.
f.
g*
h.
been designed in relationship to the land use and available parking. Public
facilities have been or will be constructed to serve the proposed project. 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.
The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area and
the City’s Landscape Manual.
The proposed project has been conditioned to comply with the Uniform Building
and Fire Codes adopted by the City to ensure that the project meets appropriate
fire protection and other safety standards.
The proposed project is consistent with the Housing Element of the General
Plan, the City’s Inclusionary Housing Ordinance, and the Redevelopment
Agency’s Inclusionary Housing Requirement, as the Developer has been
conditioned to pay to the City an inclusionary housing in-lieu fee for four (4)
units.
The proposed project meets all of the minimum development standards set forth
in Chapter 21.45.080, and has been designed in accordance with the concepts
contained in the Design Guidelines Manual, in that the overall plan for the
project is comprehensive and incorporates many of the architectural features of
surrounding developments. The buildings, landscaping, and on-site amenities all
conform to the Village Redevelopment Master Plan and Design Manual which
serves as the adopted land use plan for the area. The overall plan for the project
provides for adequate usable open space, circulation, off-street parking,
recreational facilities and other pertinent amenities. The parking is well
integrated into the building and the project is compatible with surrounding land
uses and will not negatively impact circulation patterns in the area. Common
areas and recreational facilities are located so that they are readily accessible to
the occupants of the dwelling units. The overall architecture is compatible with
the surrounding area and consistent with the Village character as set forth in the
Village Design Manual.
3. The Design Review Board hereby finds that the appropriate residential density for the project
is RH (15-23 dwelling units per acre), which has a Growth Management Control Point
(GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
a. The density is compatible with the surrounding area, which contains a variety of
uses including multi-family residential, single-family residential, commercial and
office. Application of the RH General Plan designation on the subject property
would allow for the proposed multi-family development, which is a provisional
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use in District 5 and would be compatible with the mixture of surrounding uses
in terms of size, scale, and overall density.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality, diversity,
and affordability of housing units within this area of the Village. The higher
density designation allows for future development that would be consistent with
the development in the area and the goals and objectives of the Redevelopment
Master Plan.
c. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 5 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation. Higher residential densities in
close proximity to areas with easy access to mass transportation promote greater
jobhousing balance and help solve regional issues such as reduced traffic
congestion and improved air quality.
4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide finding to
ensure that all facilities and improvements regarding: sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will
be collected prior to the issuance of building permit.
5. The Design Review Board has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
6. The Design Review Board finds as follows to allow for variances for rear and side
yard setbacks that exceeds the standard range:
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a. That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
that by Providing an increased setback on the rear of the proposed building of
27 feet, is necessary to provide parking access that is visually subordinated, as
specified within the Village Design Manual, and that meets the required width of
24 feet. The additional 3 feet will be devoted to landscaping, to help buffer the
edge of the property. By providing an increased setback on the rear of the
building, the required parking can be provided at the rear of the residence
underneath the second story of the units making the parking visually
subordinate, and landscaping can be provided along the rear of the property line
for buffering, both of which are preferable site design strategies set forth in the
Carlsbad Village Redevelopment Master Plan and Design Manual.
Providing increased side yard setbacks of 12 feet along Roosevelt Street and 24.5
feet along Tyler Street is necessary to make the project consistent with the
existing and proposed development along these streets. Both side yard setbacks
of the subject property effectively function as front yard setbacks due to the fact
that both side yards have building frontage along residential streets. By allowing the east side yard setback to be set within the range for a front yard
setback, between 5-20 feet, the proposed project will be consistent with existing
and future developments along Roosevelt Street. Tyler Street has been
designated as an Alternative Design Street where sidewalk and street
improvements are no longer necessary (as of the year 2000). If street and
sidewalk improvements (in the amount of 5 feet) were required along Tyler
Street as they had been in the past, the west side yard setback would be 19.5 feet
(24.5’ - 5’= 19.5’), which is within the range for a front yard setback (5-20 feet).
Therefore, considering the west side yard setback as a front yard setback for the
proposed project will be consistent with existing and future developments along
Tyler Street. The increased setbacks are similar to what is enjoyed by many
properties with building frontage along Roosevelt and Tyler Street. In addition,
the increased setbacks provide ample space for the required recreational space
to be placed within the side yard setbacks.
b. That there are exceptional circumstances or conditions unique to the property or the
proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that the
project is unique in that the property has building frontage on three sides;
Roosevelt Street, Pine Avenue, and Tyler Street. Each frontage effectively
functions as a front yard setback. By allowing the proposed setbacks, the
subject property will more closely match the setbacks of the surrounding
residential properties.
c. That the granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area, in that the
increased setback on the rear of the property will not have a detrimental impact
on neighboring properties, because it allows for additional space for landscaped
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buffering and allows the required parking to be located at the rear of the
residence, visually screened. In addition, the increased side yard setbacks of 12
feet along Roosevelt Street and 24.5 feet along Tyler Street will not have a
detrimental impact on neighboring properties, because it is consistent with the
front yard setbacks enjoyed by adjacent properties and properties in the
immediate vicinity. Lastly, the increased setbacks provide for greater
landscaping opportunities and recreational space for the new residents, which
staff believes will have a positive effect on nearby residents and not a negative
one.
d. That the granting of a.variance will not contradict the standards established in the
Village Master Plan and Design Manual, in that the standards established in the
Village Master Plan and Design Manual were intended to be somewhat flexible
in order to encourage diversity and variety of development and to take into
consideration the unique conditions associated with many of the properties in
the redevelopment area. The placement of the building is setback similarly to
the surrounding properties, maximizing outdoor recreation opportunities for the
subject property, and providing increased landscaped buffering, which is
consistent with the Village Master Plan and Design Manual’s goal of establishing
Carlsbad Village as a quality living environment.
GENERAL CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained over time, if any such conditions fail to be so implemented
and maintained according to their terms, the CitylAgency shall have the right to revoke or
modi@ all approvals herein granted; deny or further condition issuance of all future
building permits; deny, revoke or Mer condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s/Agency’s approval of this Major Redevelopment
Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Redevelopment Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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4.
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If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s
approval and issuance of this Major Redevelopment Permit, (b) Agency’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
This approval is granted subject to the approval of Minor Subdivision 05-01 and is
subject to all conditions contained in Design Review Board Resolution No. 297 for this
other approval and incorporated by reference herein.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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13.
14.
Approval is granted for Major Redevelopment Permit RP 04-17 as shown on Exhibits
A-E, dated March 28, 2005, on file in the Housing and Redevelopment Department
and incorporated herein by reference. Development shall occur substantially as shown
unless otherwise noted in these conditions.
At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as established by City Council Resolution from time to time.
LANDSCAPE CONDITIONS:
15. The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Mand. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
17. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
MISCELLANEOUS CONDITIONS:
18. The Developer shall establish a homeowner‘s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance of
a building permit the Developer shall provide the Housing & Redevelopment
Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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19.
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This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
NOTICING CONDITIONS:
23. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit by Resolution No. 297 on the real property owned by the Developer. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
Director has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
ON-SITE CONDITIONS:
24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
ENGINEERING CONDITIONS:
1. Engineering conditions of approval are provided for under Minor Subdivision 05-01 and
are incorporated by reference herein.
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NOTICE
Please take NOTICE that approval of your project includes Le “imposition” o rees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“ fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer Connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
the City of Carlsbad, California, held on the 28‘b day of March, 2005 by the following vote to
wit:
AYES: HEINEMAN, LAWSON AND MARQUEZ
NOES: NONE
ABSENT: BAKER
ABSTAIN: NONE
t
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DESIGN REVIEW BOARD
ATTEST:
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\ .dy5L {G-g&&J
D&BE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 297 -10-