HomeMy WebLinkAbout2006-01-23; Design Review Board; Resolution 3021 DESIGN REVIEW BOARD RESOLUTION NO. 302
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 04-11 FOR THE
4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,913 SQUARE
FEET OF RETAIL SPACE ON THE PROPERTY LOCATED AT 3112
6 LINCOLN STREET IN LAND USE DISTRICT 9 OF THE CARLSBAD
VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: LINCOLN & OAK MIXED USE
8 APN: 203-260-14 & 203-260-15
9 CASE NO: RP 04-11
10
WHEREAS, Karnak Planning & Design, "Applicant", has filed a verified application
12 with the Redevelopment Agency of the City of Carlsbad regarding property owned by Russell
13 Lee Bennett, "Owner", described as Assessor Parcel Number 203-260-14 & 203-260-15, and
*4 more thoroughly described in Attachment A, ("the Property"); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
16
shown on Exhibits "A-V" dated January 23, 2006, on file in the Housing and Redevelopment
17
10 Department, "Lincoln & Oak Mixed Use RP 04-11/CDP 04-30/CT 05-03", as provided by
lo
19 Chapter 21.35.080 of the Carlsbad Municipal Code; and
20 WHEREAS, the Design Review Board did on the 23rd day of January, 2006, hold a duly
71 noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
23
arguments, if any, of persons desiring to be heard, said Board considered all factors related to
24
"Lincoln & Oak Mixed Use RP 04-11."
26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
27 follows:
28 A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Lincoln & Oak Mixed Use RP 04-11,
based on the following findings and subject to the following conditions:
3
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
6 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
7 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.
9
2. The Design Review Board finds that the project, as conditioned herein and the
10 establishment of the RMH 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
12 in the staff report dated January 23, 2006 including, but not limited to the following:
13 a. 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 and retail use in an appropriate location within the Village. This
1, in turn serves to enhance and maintain the area as a residential neighborhood
and encourages greater residential support opportunities in the Village. By
16 providing more residential and retail opportunities, the project helps to create a
lively, interesting social environment be encouraging and increasing the
17 opportunity for 24-hour life in the Village, which provides the necessary
customer base to attract complementary uses. The project reinforces the
pedestrian-orientation desired for the downtown area by providing needed
sidewalk improvements along Oak Avenue and the location of the project will
provide the new residents an opportunity to walk to shopping, recreation, and
20 mass transit functions. The project's proximity to existing bus routes and mass
transit will help to further the goal of providing new economic development near
transportation corridors. Furthermore, the project will provide a strong street
~~ presence with extensive architectural relief, including outdoor decks looking out
over the adjacent streets and fully enclosed parking. Overall, the new residential
23 units will enhance the Village as a place for living and working.
24 b. The project is consistent with the 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 9 through the following actions: 1) it
establishes the Village as a quality shopping, working, and living environment
by providing for a multi-family for-sale product which serves to increase the
27 type of housing options available to people seeking to reside in the downtown
area, 2) it improves the pedestrian and vehicular circulation in the Village Area
by providing residential units in close proximity to both bus and rail mass
DRB RESO NO. 302 -2-
transit and improves the pedestrian environment by providing needed sidewalk
2 improvements along Oak Avenue, 3) it stimulates property improvements and
new development in the Village by providing for an appropriate intensity of
3 residential development and retail development that may serve as a catalyst for
future redevelopment in the area, 4) it improves the physical appearance of the
^ Village Area by replacing currently blighted buildings with an aesthetically
c pleasing building with attractive landscaping.
6 c. The project as designed is consistent with the development standards for Land
Use District 9, the Village Design Guidelines and other applicable regulations set
7 forth in the Village Master Plan and Design Manual.
o
d. The existing streets can accommodate the estimated ADTs and all required
g 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
10 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
11 project has been conditioned to develop and implement a program of "best
1 » management practices" for the elimination and reduction of pollutants which
enter into and/or are transported within storm drainage facilities.
13
e. The proposed project will not have an adverse impact on any open space within
14 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.
16 f. The proposed project has been conditioned to comply with the Uniform Building
17 and Fire Codes adopted by the City to ensure that the project meets appropriate
fire protection and other safety standards.
18
g. The proposed project is consistent with the Housing Element of the General
Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
20 Agency's Inclusionary Housing Requirement, as the Developer has been
conditioned to pay to the City an inclusionary housing in-Iieu fee for six (6)
21 units.
77 h. The proposed project meets all of the minimum development standards set forth
23 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
24 project is comprehensive and incorporates many of the architectural features of
surrounding developments. The buildings, landscaping, and on-site amenities all
25 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,
27 recreational facilities and other pertinent amenities. The parking is well
integrated into the building and the project is compatible with surrounding land
28 uses and will not negatively impact circulation patterns in the area. Common
DRB RESO NO. 302 -3-
areas and recreational facilities are located so that they are readily accessible to
2 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
3 Village Design Manual.
4 3. The Design Review Board hereby finds that the appropriate residential density for the project is
RMH (11-15 dwelling units per acre), which has a Growth Management Control Point (GMCP) of
11.5 dwelling units per acre. Justification for the RMH General Plan density designation is as
, follows:
O
7 a. The density is compatible with the surrounding area, which contains a variety of
uses including multi-family residential, single-family residential, commercial and
8 hotel. Application of the RMH General Plan designation on the subject property
would allow for future medium-high density residential mixed-use development,
° which is permitted in District 9, and would be compatible with the mixture of
-. „ surrounding uses.
11 b. The RMH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality, diversity,
12 and affordability of housing units within this area of the Village. The medium-
high density designation allows for future development that would be consistent
•* the goals and objectives of the Redevelopment Master Plan.
14 c. The RMH General Plan density designation serves to satisfy the objectives of
15 Land Use District 9 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Bus & Village Coaster
16 Station). Medium-high residential densities in close proximity to mixed-use
areas with easy access to mass transportation promote greater job/housing
' balance and help solve regional issues such as reduced traffic congestion and
jo improved air quality.
19 4. The project will provide sufficient additional public facilities for the density in excess of the
control point to ensure that the adequacy of the City's public facility plans will not be
20 adversely impacted, in that all necessary public improvements to accommodate the
proposed development have been provided or are required as conditions of project
approval.
22
5. There have been sufficient developments approved in the quadrant at densities below the
23 control point to offset the units in the project above the control point so that approval will not
result in exceeding the quadrant limit.
25 6. All necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created
26 by this project and in compliance with adopted City standards, in that all required public
facilities necessary to accommodate the proposed development have been provided or
27 are required as conditions of project approval.
28
DRB RESO NO. 302 -4-
7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
3 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,
6 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
7 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
9 apply to sewer service for this project.
10 b. All necessary public improvements have been provided or are required as
conditions of approval.11
c. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation to provide school
13 facilities.
14 d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
e. 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.
17
8. The project is consistent with the City's Landscape Manual.
9. 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
20 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.
21
22 GENERAL CONDITIONS;
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
24
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 City/Agency shall have the right to revoke or
27 modify all approvals herein granted; deny or further condition issuance of all future
building permits; deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
DRB RESO NO. 302 -5-
property title; institute and prosecute litigation to compel their compliance with said
2 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
3 Permit
4 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.
6 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
7
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.
9 4. If any condition for construction of any public improvements or facilities, or the payment
10 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
1 * 66020. If any such condition is determined to be invalid this approval shall be invalid
12 unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
13
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
14 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
16 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
17 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
in liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
20 concluded and continues even if the Agency's approval is not validated.
^1 6. The Developer shall submit to the Housing and Redevelopment Department a
22 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
23
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
26 8. 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
27 provide school facilities.
28
DRB RESO NO. 302 -6-
9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
3
10. Approval is granted for Major Redevelopment Permit RP 04-11 as shown on Exhibits
A-V, dated January 23, 2006, 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.
11. This approval is granted subject to the approval of Coastal Development Permit No.
CDP 04-30 and is subject to all conditions contained in Design Review Board
Resolution No. 303 for this other approval and incorporated by reference herein.
9 12. This approval is granted subject to the approval of Tentative Tract Map No. CT 05-03
and is subject to all conditions contained in Design Review Board Resolution No. 304
10 for this other approval and incorporated by reference herein.
13. This approval shall become null and void if building permits are not issued for this
12 project within 24 months from the date of project approval.
13 14. Building permits will not be issued for the project unless the local agency providing water
and sewer services to the project provides written certification to the City that adequate
* water service and sewer facilities, respectively, are available to the project at the time of
the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy. A note to this effect shall be
16 placed on the Final Map.
17 HOUSING CONDITIONS:
1 O
15. At issuance of building permits, or prior to the approval of a final map and/or issuance of
19 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
20 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.
22 LANDSCAPE CONDITIONS:
23 16. The Developer shall submit and obtain Housing & Redevelopment Director approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary
24 Landscape Plan and the City's Landscape Manual. 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.
26
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
27 landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.28
DRB RESO NO. 302 -7-
18. Developer shall pay a landscape plan check and inspection fee as required by Section
2 20.08.050 of the Carlsbad Municipal Code.
3 MISCELLANEOUS CONDITIONS:
4 19. 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
7 Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:8
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
10 of, or in which the City has an interest.
11 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
-. o within 30 days for the official record.
14 20. 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
15 such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
21. 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
18 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
,.„ taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
21
22. All roof appurtenances, including air conditioners, shall be architecturally integrated and
22 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/or Housing and Redevelopment.
24
23. Prior to occupancy of the first dwelling unit the Developer shall provide all required
25 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
26
2? NOTICING CONDITIONS:
28
DRB RESO NO. 302 -8-
24. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
2 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
3 successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit and Tentative Tract Map by Resolution No. 302 and 304 on the real property
owned by the Developer. Said Notice of Restriction shall note the property description,
e 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.
6 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
7 good cause by the Developer or successor in interest.
8 ON-SITE CONDITIONS:
9
25. The developer shall construct trash receptacle and recycling areas as shown on the site
10 plan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
j2 materials of the project and subject to the satisfaction of the Housing & Redevelopment
Director.
13
26. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
14 When so required, the Developer shall submit and obtain approval of the Fire Chief and
, ^ Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply
with the approved plan.
16
27. The developer shall submit and obtain Housing & Redevelopment Director approval of
17 an exterior lighting plan including parking areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
lo
19 28. The project shall have a master cable television hookup. Individual antennas shall
not be permitted.
20
29. There shall be separate utility systems for each unit.
22 30. Building materials identified in acoustical study prepared by Eilar Associates shall
be used in the building construction in order to reduce noise levels to an acceptable
23 level.
24 31 The eastern property wall will be reviewed and considered by Redevelopment staff,
Engineering, applicant and developer in order to determine the appropriateness of
construction of a second masonry wall adjacent to existing masonry wall for the
26 neighboring property. If a second masonry wall is deemed appropriate by the above
mentioned parties it's placement, height, and related design shall be subject to final
27 review and approval by the Housing and Redevelopment Director.
28
DRB RESO NO. 302 -9-
1 STANDARD CODE REMINDERS:
2 The project is subject to all applicable provisions of local ordinances, including but not limited to the
3 following code requirements.
Fees
4
32. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
5 required by Chapter 20.44 of the Carlsbad Municipal Code.
6 33. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
34. Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad
Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer.
General
35. The tentative map shall expire twenty-four (24) months from the date this tentative map approval
becomes final.
12
36. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
13 Ordinance and all other applicable City Ordinances in effect at the time of building permit
issuance, except as otherwise specifically provided herein.
14
37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
15 Section 18.04.320.
38. Any signs proposed for this development shall at a minimum be designed in conformance with
. _ the approved plans and the sign criteria contained in the Village Redevelopment Master
Plan and Design Manual and shall require review and approval of the Housing &
i o Redevelopment Director prior to installation of such signs.
19
20
21
22
23
24
25
26
27
28
DRB RESO NO. 302 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from 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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
the City of Carlsbad, California, held on the 23rd day of January, 2006 by the following vote to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Heineman, Baker, Lawson, Marquez, and Schumacher
None
None
None
COURTNEY HE1NKMAN, CH3SIPERSON
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 302 -11-