HomeMy WebLinkAbout2006-01-23; Design Review Board; Resolution 304DESIGN REVIEW BOARD RESOLUTION NO. 304
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF CARLSBAD TRACT NUMBER CT 05-33 TO
SUBDIVIDE .402 ACRES INTO SIX (6) CONDOMINIUM UNITS
4 AND 1,913 SQUARE FEET OF RETAIL SPACE ON THE
PROPERTY LOCATED AT 3112 LINCOLN STREET IN LAND
5 USE DISTRICT 9 OF THE VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
6 CASE NAME: LINCOLN & OAK MIXED USE
CASE NO.: CT 05-03
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WHEREAS, Karnak Planning & Design, "Applicant", has filed a verified
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application with the Housing and Redevelopment Agency of the City of Carlsbad regarding
property owned by Russell Lee Bennett, "Owner", described as Assessor Parcel Number
203-260-14 and 203-260-15 and more thoroughly described in Attachment A ("the Property");
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13 WHEREAS, said verified application constitutes a request for a Tentative Tract
14 Map as shown on Exhibit(s) "A-V" dated January 23, 2006, on file in the Housing and
15 Redevelopment Department as "Lincoln & Oak Mixed Use RP 04-11/CDP 04-30/CT 05-03",
as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 23rd day of January, 2006,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
19 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Board considered all factors
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relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
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of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Design Review
26 Board RECOMMENDS APPROVAL of Lincoln & Oak Mixed Use CT 05-03,
2? based on the following findings and subject to the following conditions:
28 Findings:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, the
Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles
20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will
not cause serious public health problems.
2. That the proposed project is compatible with the surrounding future land uses since
4 surrounding properties are located within Land Use District 9 of the Village
Redevelopment Area and the intent of the Village Master Plan is to accommodate
5 a wide mix of uses in this district with an emphasis upon facilities, goods and
services to tourists and regional visitors traveling along the coast.
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3. That the site is physically suitable for the type and density of the development since the
7 site is adequate in size and shape to accommodate residential development at the
density proposed, in that the development is consistent with the RMH density
8 designation which has been assigned to the property based on the following
findings:
a. The density is compatible with the surrounding area, which contains a
variety of uses including multi-family residential, single-family residential,
j 1 commercial and hotel. Application of the RMH General Plan designation
on the subject property would allow for future medium-high density
12 residential mixed-use development, which is permitted in District 9, and
would be compatible with the mixture of surrounding uses.
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b. The RMH General Plan density designation serves to satisfy the goals of
14 the Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within this area of the Village.
15 The medium-high density designation allows for future development that
would be consistent the goals and objectives of the Redevelopment Master
16 Plan.
17 c. The RMH General Plan density designation serves to satisfy the objectives
18 of Land Use District 9 by increasing the number of residential units in
close proximity to shops, restaurants, and mass transportation (Bus &
19 Village Coaster Station). Medium-high residential densities in close
proximity to mixed-use areas with easy access to mass transportation
20 promote greater job/housing balance and help solve regional issues such
as reduced traffic congestion and improved air quality.
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4. That the design of the subdivision or the type of improvements will not conflict with
22 easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the property has frontage on Oak Avenue and Lincoln Street and there are no
24 easements granting access through the property to others.
25 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future passive or
27 natural heating or cooling opportunities in the subdivision.
28 7. That the Design Review Board has considered, in connection with the housing
proposed by this subdivision, the housing needs of the region, and balanced those
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housing needs against the public service needs of the City and available fiscal and
environmental resources.
o 8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
4 habitat, in 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
5 is therefore categorically exempt from the requirement for preparation of
environmental documents pursuant to Section 15332 of the State CEQA
6 Guidelines as an infill development project. Therefore, the Design Review Board
finds that there is no substantial evidence the project will have a significant effect
7 on the environment.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City's requirements of the National Pollutant
JQ Discharge Elimination System (NPDES) permit.
10. The Design Review Board finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, the Village Redevelopment
12 Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated January 23, 2006 including, but not limited to the following: the
13 project will provide for a permitted mixed-use development (multi-family
residential and retail commercial) in an appropriate location within Land Use
District 9 of the Village Redevelopment Area.
15 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
16 ordinances since:
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
20 met insofar as they apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school facilities in
the Carlsbad Unified School District.
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c. Park-in-lieu fees are required as a condition of approval.
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d. All necessary public improvements have been provided or are required as
24 conditions of approval.
25 e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
26 of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
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12. The project has been conditioned to pay any increase in public facility fee, or new
28 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
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1 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 1.
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Conditions:
5 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
6 final map or the issuance of building permits, whichever occurs first.
7 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
8 implemented and maintained according to their terms, the Redevelopment Agency/City
shall have the right to revoke or modify all approvals herein granted; deny or further
9 condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
10 institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. No vested rights are gained by Developer or a successor in
interest by the City's approval of this Major Redevelopment Permit and Tentative
j2 Tract Map.
13 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Tentative Tract Map documents, as necessary to
14 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
15 proposed development different from this approval, shall require an amendment to this
approval.
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3. The Developer shall comply with all applicable provisions of federal, state, and local
17 ordinances in effect at the time of building permit issuance.
18 4. if any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
19 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
21 project without the condition complies with all requirements of law.
22 5. 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
23 members, officers, employees, agents, and representatives, from and against any and
all liabilities, losses, damages, demands, claims and costs, including court costs and
24 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's
approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance
25 . 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
26 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
27 emissions.
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6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the
2 (Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
4 Director from the School District that this project has satisfied its obligation to provide
school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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9. Building permits will not be issued for this project unless the local agency providing
8 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
9 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
10 shall be placed on the Final Map.
Engineering Conditions:
12 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
13 approval of this proposed tentative map, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
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General
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10. Prior to hauling dirt or construction materials to or from any proposed construction site
16 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.17
11. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
1° recorded document, for maintaining the private easements within the subdivision and all
g the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
2Q among the owners of the properties within the subdivision.
21 12. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
22 13. Developer shall install sight distance corridors at all street intersections in accordance
23 with Engineering Standards.
24 14. Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall record the following
25 statement on the Final Map (and in the CC&R's).
26 "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
27 as a sight distance corridor in accordance with City Standard Public Street-
Design Criteria, Section 8.B. The underlying property owner shall maintain this
28 condition."
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1 The limits of these sight distance corridors shall be reflected on any
2 improvement, grading, or landscape plan prepared in association with this
development.
3 Fees/Agreements
4 15. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
5 lot drainage as shown on the tentative map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
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A. Clearly delineate the limits of the drainage course;
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B. State that the drainage course is to be maintained in perpetuity by the underlying
8 property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
16. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
14 additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
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Grading
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17. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
18 the project.
1 q Dedications/Improvements
20 18. Developer shall execute and record a City standard Subdivision Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the tentative map and the following improvements including,
22 but not limited to paving, base, cross gutter, signing & striping, sidewalk, curb and
gutter, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer
23 lateral, water service, relocation of fire hydrant, and installation of street lights, to City
Standards to the satisfaction of the City Engineer. The improvements are:
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a) Half street improvements to Oak Avenue along the property frontage.
25 b) Replacement of pavement on a portion of Lincoln Street,
c) Installation of water services and sewer laterals.
26 d) Relocation of an existing fire hydrant at the corner of Lincoln Street and
Oak Avenue.
e) Installation of pedestrian ramps.
f) Underground overhead utilities.
A list of the above shall be placed on an additional map sheet on the Final Map per the
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1 provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
1. The proposed public sidewalk located between the proposed driveway on Oak
4 Avenue and the easterly property line shall be revised to be noncontiguous with
the curb. Said revision shall be reflected on the tentative map mylar, landscape
5 plans, grading plans and improvement plans.
6 2. Prior to removal of any trees within the public right-of-way, the developer shall
receive permission to remove said trees from the General Services Division of the
7 Public Works Department.
3. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the subdivision boundary.
4. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
, 1 pursuant to best management practices as referenced in the "California Storm Water
Best Management Practices Handbook" to reduce surface pollutants to an acceptable
12 level prior to discharge to sensitive areas. Plans for such improvements shall be
submitted to and subject to the approval of the City Engineer. Said plans shall include
13 but not be limited to notifying prospective owners and tenants of the following:
14 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
15 hazardous waste products.
16 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
17 fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
20 C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
22 5. Prior to the issuance of grading permit or building permit, whichever occurs first,
23 Developer shall submit for City approval a "Storm Water Management Plan
(SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad
24 Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the
San Diego Region of the California Regional Water Quality Control Board and City
25 of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact
or filter said pollutants from storm water, to the maximum extent practicable, for
the post-construction stage of the project. At a minimum, the SWMP shall:
77Zl/ a. identify existing and post-development on-site pollutants-of-concern;
„ b. identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
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1 c. recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way;
., d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident and employee education on the
4 proper procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
5 f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
6 practicable.
7 1. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
subdivision in conformance with City of Carlsbad Standards.
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2. Prior to occupancy, Developer shall install wheelchair ramps at the public street corners
9 abutting the subdivision in conformance with City of Carlsbad Standards.
10 Final Map Notes
11 3. Developer shall show on Final Map the net developable acres for each parcel.
1 ?4. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
13 A. All improvements are privately owned and are to be privately maintained with the
14 exception of the following:
15 1. Half street improvements to Oak Avenue within the public right-of-way.
2. Replacement of pavement on a portion of Lincoln Street.
16 3. Portions of water services and sewer laterals within the pubic right-of-
way.
17 4. The fire hydrant at the corner of Lincoln Street and Oak Avenue.
5. Pedestrian ramps at the street corner.
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B. Building permits will not be issued for development of the subject property unless
19 the appropriate agency determines that sewer and water facilities are available.
20 C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
22 Special Conditions
23 1. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
24 the tentative map are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
25 Municipal Code, respectively.
26 Carlsbad Municipal Water District
27 2. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
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1 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
3. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
4 Authority capacity charge(s) prior to issuance of Building Permits.
5 4. The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
6 improvement plans.
7 5. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
8 improvement plans.
9 6. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District
10 Engineer. Proposed public facilities shall be reflected on public improvement plans.
11 7. The Developer shall provide separate potable water meters for each separately owned
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Standard Code Reminders:
14 8. This approval shall expire twenty-four (24) months from the date this tentative map
approval becomes final unless extended per section 20.12.100 of the Carlsbad Municpal
15 Code.
16 9. This approval is granted subject to the approval of RP 04-11 and CDP 04-30 and is
subject to all conditions contained in Design Review Board Resolution No. 302 and
17 303 for those other approvals and incorporated by reference herein.
10. 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.
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1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees,
3 dedications, reservations, or other exactions hereafter collectively referred to for
convenience as "fees/exactions."4
5 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
6 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
7 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.8
9 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
10 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
11 which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review
14 Board of the City of Carlsbad, California, held on the 23rd day of January, by the
15 following vote to wit:
16 AYES: Heineman, Baker, Lawson, Marquez, and Schumacher
17 NOES: None
18 ABSENT: None
19 ABSTAIN: None
20
21 COURTNEY HEINEMAN, CHAIRPERSON
22 DESIGN REVIEW BOARD
23 ATTEST:
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25 DE§BTfFOUNTAH
26 HOUSING AND REDEVELOPMENT DIRECTOR
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