Loading...
HomeMy WebLinkAbout2008-03-18; City Council; 404; Carlsbad Village TownhomesHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL AB# MTG. DEPT. 404 3/18/08 H/RED Title CARLSBAD VILLAGE TOWNHOMES RP 04-23x1 /CT 04-2 1x1 DEPT. HEAD/tX£^C CITYATTY. C-if CITY MGR. $y RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution Nos. 447 and 448 APPROVING an extension of Major Redevelopment Permit RP 04-23x1 and Tentative Tract Map CT 04- 21 x1 for the construction of a 9 unit condominium development with the option to convert one (1) of the condominium units to one (1) Bed and Breakfast Inn on the property located at 2683 & 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area and in Local Facilities .Management Zone 1 as previously approved by the Housing and Redevelopment Commission. ITEM EXPLANATION: On February 7, 2006, the Housing and Redevelopment Commission approved a Major Redevelopment Permit and Tentative Tract Map for a nine-unit, two story, condominium project totaling 13,895 square feet in Land Use District 8 of the Carlsbad Village Redevelopment Area. The 20,221 square foot site currently contains three small apartment buildings which are all in a state of disrepair and proposed to be demolished in order to accommodate the new development. The site is bordered by a 4-unit apartment building to the south, a single-family residence to the north, residential and office development across Roosevelt Street to the east, and a non-conforming automotive use to the west. The proposed project involves the construction of two stories of residential condominiums located over underground parking. There are nine units total varying in size from 1,870 square feet to 3,300 square feet, with the largest unit facing Roosevelt Street (Unit 6), having the option to operate as a condominium or a Bed & Breakfast Inn. There are six 3-bedroom units, two 4-bedroom units, and one 5- bedroom unit. The Bed &. Breakfast Inn is a 4-bedroom unit and is differentiated from the other units by its off-yellow color. Each unit has a 2-car garage with roll-up garage doors and covered guest parking is provided as required. Each unit within the project is equipped with a second balcony or an above grade courtyard area for recreational purposes. The project also includes extensive landscaping within and around the project, a pleasant architectural design unique to the Village, and low-lying decorative walls along the street frontage. Vehicular access to the underground parking is provided off Roosevelt Street. The Housing and Redevelopment Commission members voted unanimously (5-0) to approve the project as recommended by the Design Review Board with findings to grant the following: 1. Establishment of the High Residential (RH) density designation for the subject property with a corresponding density of 15-23 dwelling units per acre and a Growth Management Control Point (GMCP) of 19 dwelling units per acre; DEPARTMENT CONTACT: Austin Silva 760-434-2813 asilv@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED aan D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 2. A condition of approval requiring future property owners to sign a disclosure form, separate from the CC&R's, which acknowledges that they understand Unit 6's ability to operate either as a residential unit or a Bed & Breakfast Inn. The original approving resolutions along with the original Design Review Board staff report, and the related minutes are attached for the Commission's review. The approved Major Redevelopment Permit and Tentative Tract Map expired on February 7, 2008 and the applicant wasl not be able to obtain building permits by said date. Prior to expiration of the permit/map, the applicant filed an application requesting a time extension to allow an additional two years to file and receive the appropriate building permits for said project. Staff is recommending approval of the extension request with no additional conditions. The conditions set forth within the approved Housing and Redevelopment Commission Resolution No. 408 and Design Review Board Resolution Nos. 300 and 301 will remain in full force and effect. FISCAL IMPACT: It is anticipated that the proposed project will have a positive impact in terms of increased property tax. The current assessed value of the project site is approximately $687,000. With the new construction, it is estimated that the assessed value will increase to approximately $10 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $ 93,130 per year. Additionally, it is anticipated that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. ENVIRONMENTAL IMPACT: Environmental review of the project was completed pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. The finding to approve this environmental determination was set forth in Housing & Redevelopment Commission Resolution No. 408. EXHIBITS: 1. Housing & Redevelopment Commission Resolution No. 447 . APPROVING RP04-23x1. 2. Housing & Redevelopment Commission Resolution No. 448 . APPROVING CT 04-21x1. 3. Housing & Redevelopment Commission Resolution No. 408, APPROVING RP04-23/CT 04-21. 4. Design Review Board Resolution No. 300 dated November 21, 2005. 5. Design Review Board Resolution No. 301 dated November 21, 2005. 6. Design Review Board Staff Report dated November 21, 2005, w/attachments. 7. Design Review Board Minutes, dated November 21, 2005. 8. Housing and Redevelopment Commission minutes dated February 5, 2006. 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 447 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REQUEST FOR A TWO YEAR EXTENSION OF MAJOR 4 REDEVELOPMENT PERMIT 04-23 TO ALLOW FOR THE CONSTRUCTION 5 OF A 9-UNIT MULTI-FAMILY CONDOMINIUM PROJECT WITH THE OPTION OF CONVERTING ONE OF THE CONDOMINIUM UNITS TO ONE 6 BED AND BREAKFAST INN ON PROPERTY LOCATED AT 2683 AND 2687 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE 7 REDEVELOPMENT AREA. CASE NAME: CARLSBAD VILLAGE TOWNHOMES 8 APN: 203-101-02 9 CASE NO: RP 04-23x1 10 WHEREAS, David Lee Soanes, "Applicant", has filed a verified application with the j2 Redevelopment Agency of the City of Carlsbad regarding property owned by Robert Enright, 13 "Owner", described as Assessor Parcel Number 203-101-02, and more thoroughly described in 14 Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for an extension of a Major 16 Redevelopment Permit, known as RP 04-23 for the Carlsbad Village Townhome Project 17 originally approved by the Housing and Redevelopment Commission on February 7, 2006; andlo 19 WHEREAS, the Housing and Redevelopment Commission did hold a duly noticed public 20 hearing as prescribed by law to consider said permit extension request; and 71^L WHEREAS, at said public hearing, upon hearing and considering all testimony and 22 arguments, if any, of persons desiring to be heard, said Board considered all factors related to the 23 extension of Major Redevelopment Permit 04-23. 24 25 26 27 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 2 follows: 3 A. That the foregoing recitations are true and correct. 4 t- B. That based on the evidence presented at the public hearing, Housing and Redevelopment Commission hereby APPROVES an additional two (2) year 6 extension of Major Redevelopment Permit 04-23 for the Carlsbad Village Townhome Project, based on the following findings and subject to the following 7 conditions: 8 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 9 1. The Housing & Redevelopment Commission finds that the subject project has been found to 10 be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project on a site less than 5 acres in an urbanized area that has no habitat value and is served by adequate facilities. 12 2. The project remains consistent with the land use plan, development standards, design 13 guidelines and other applicable regulations set forth within the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the findings set forth in 14 Design Review Board Resolution No. 300 dated November 21, 2005 and approved by the Housing and Redevelopment Commission on February 7, 2006. 16 CONDITIONS: 17 1. The Housing and Redevelopment Commission does hereby APPROVE a two (2) year extension of Major Redevelopment Permit 04-23 for the Carlsbad Village Townhome Project to allow the applicant additional time to apply for and receive approval of the building permits for the subject project, subject to the conditions set forth in Design Review Board Resolution No. 300 dated November 21, 2005 and approved by the Housing and 20 Redevelopment Commission on February 7, 2006. The permit shall be extended two (2) years from the date of the first permit expiration which is February 7, 2008. The new expiration date for the permit shall be February 6, 2010. 22 23 24 25 26 27 28 DRB RESO NO. 1 NOTICE 2 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." 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 Government Code Section 6 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 o annul their imposition. 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 charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 1. 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 12 expired. 13 14 '" 15 /// 16 /// /// 18 /// 19 20 21 '" 22 "/ 23 /// 24 /// 25 /// 26 27 28 >" DRB RESO NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 18th day of March, 2008, by the following vote: AYES: Commissioners Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: § g /KTA|Jf^\|||DABRAND, Interim Secretary HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 448 1 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 APPROVING A REQUEST FOR A TWO YEAR EXTENSION OF CARLSBAD TRACT MAP CT 04-21 ON PROPERTY LOCATED 4 AT 2683 & 2687 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL 5 FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE TOWNHOMES 6 CASE NO.: CT 04-21x1 7 WHEREAS, David Lee Soanes, "Applicant", has filed a verified application with 8 the City of Carlsbad regarding property owned by Robert Enright, "Owner", described as 9 Assessor Parcel Number 203-101-02 and more thoroughly described as the Northeast Half of Lot 26, Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according 12 to the map thereof No. 1722, filed in the office of the County 13 Recorder of San Diego County on July 28,1921 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map Extension as shown on Exhibits "A" - "J" dated November 21, 2005, on file in the 18 Housing and Redevelopment Department as Carlsbad Village Townhomes RP 04-24/CT 04- 19 21", as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 20 WHEREAS, the Housing and Redevelopment Commission did, on thelStbday of 21 March > 2008, hold a duly noticed public hearing as prescribed by law to consider said 22 request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors 75 relating to the Tentative Tract Map Extension; 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Housing and - Redevelopment Commission hereby APPROVES Carlsbad Village Townhomes CT 04-21x1, based on the following findings and subject to the 3 following conditions: 4 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 5 1. The Housing & Redevelopment Commission finds that the subject project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA 6 Guidelines as an infill development project on a site less than 5 acres in an urbanized area that has no habitat value and is served by adequate facilities. 7 2. The project remains consistent with and satisfies all requirements of the General Plan, the 8 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 9 serious public health problems with approval of the findings and conditions set forth in Design Review Board Resolution No. 301 dated November 21, 2005 and approved by the 10 Housing and Redevelopment Commission on February 7, 2006. 11 CONDITIONS: 12 1. This approval is granted subject to the approval of RP 04-23x1 and is subject to all conditions contained in Housing and Redevelopment Board Resolution No. for that other approval. 2. All the conditions contained in Design Board Resolution No. 301 dated November 21, 2005 15 for CT 04-21 are incorporated herein by reference. 3. The Storm Water Management Plan (SWMP) prepared for the project shall show how the project design incorporates Low Impact Development (LID) practices. Low Impact 17 Development (LID) Design should reference the current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). The design 18 shall help preserve and restore the natural hydrologic cycle of the site by allowing filtration and infiltration of urban run-off using LID BMPs including but not limited to 19 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 20 4. Developer shall cause property owner to process, execute and submit an executed 21 copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual 22 maintenance of all treatment control, applicable site design and source control, post- construction permanent Best Management Practices prior to the issuance of a 23 grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project.24 5. This Tentative Tract Map Extension is granted for a period of two (2) years 25 retroactively, from February 7, 2008 through February 6, 2010. 26 27 28 HRC RESO NO.7 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 4 You have 90 days from the date of final approval to protest imposition of these fees/exactions. 5 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 6 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. o0 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 , Q 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. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 19 20 21 22 '" 23 '" 24 /// 25 /// 26 /// 27 28 HRC RESO NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 18th day of March, 2008, by the following vote: AYES: Commissioners Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. , Chairman ATTEST: - z :, Interim Secretary * XC 1 DESIGN REVIEW BOARD RESOLUTION NO. 300 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-23 FOR THE 4 CONSTRUCTION OF A 13,895 SQUARE FOOT TWO STORY NINE UNIT - MULTI-FAMILY CONDOMINIUM WITH THE OPTION TO INCLUDE ONE (1) BED & BREAKFAST INN ON THE PROPERTY LOCATED AT 2683 & 6 2687 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE TOWNHOMES 8 APN: 203-101-02 9 CASE NO: RP 04-23 10 WHEREAS, David Lee Soanes, "Applicant", has filed a verified application with the 12 Redevelopment Agency of the City of Carlsbad regarding property owned by Robert Enright, 13 "Owner", described as Assessor Parcel Number 203-101-02, and more thoroughly described in 14 Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-J" dated November 21, 2005, on file in the Housing and Redevelopment 17 Department, "Carlsbad Village Townhomes RP 04-23/CT 04-21", as provided by Chapterlo 19 21.35.080 of the Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 21st day of November, 2005, hold a *71 duly 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 "Carlsbad Village Townhomes RP 04-23." £J 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 Carlsbad Village Townhomes RP 04- 23, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;4 f 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 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 12 in the staff report dated November 21,2005 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 14 residential use in an appropriate location within the Village. This in turn serves 15 to enhance and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. The location of the 16 project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units will enhance the 17 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. 19 b. The project is consistent with the Village Redevelopment Master Plan and 20 Design manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 8 through the following actions: 1) it 21 establishes the Village as a quality shopping, working, and living environment 22 by providing for a multi-family for-sale product which serves to increase the type of housing options available to people seeking to reside in the downtown 23 area, 2) it improves the pedestrian and vehicular circulation in the Village Area by limiting vehicular access to the site to one point from Roosevelt Street, 24 thereby improving vehicular circulation in the Village, 3) it stimulates property improvements and new development in the Village by providing for an appropriate intensity of residential development that is compatible with the 26 surrounding area which may serve as a catalyst for future redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing 27 currently blighted apartments with an aesthetically pleasing building with attractive landscaping.28 . * DRBRESONO. 300 -2- c. The project as designed is consistent with the development standards for Land 2 Use District 8, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. 3 d. 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 been designed in relationship to the land use and available parking. Public 6 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 7 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. o e. 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 10 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 11 f. 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 13 fire protection and other safety standards. 14 g. 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 enter into an Affordable Housing Agreement to provide and deed restrict one (1) dwelling unit as affordable to low income households if provided 17 on-site and two (2) dwelling units if provided or purchased off-site. h. 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 20 project is comprehensive and incorporates many of the architectural features of surrounding developments. The buildings, landscaping, and on-site amenities all 21 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 22 provides for adequate usable open space, circulation, off-street parking, 23 recreational facilities and other pertinent amenities. The parking is well integrated into the building and the project is compatible with surrounding land 24 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 25 the occupants of the dwelling units. The overall architecture is compatible with 2, the surrounding area and consistent with the Village character as set forth in the Village Design Manual. 27 28 DRB RESO NO. 300 -3- 1 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 4 uses including residential, commercial, office, and light industrial. Residential uses in the area range from single family residential to high-density multi-family 5 residential. Application of the RH General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 7 b. The RH General Plan density designation serves to satisfy the goals of the 8 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within the Village. The higher density designation makes it financially feasible to construct the multi-family units in today's economy. The Village Redevelopment Area has an abundance of residential rental units, but few condominiums have been developed in the area since prior to the inception of the redevelopment plan in 1981. 12 c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). 14 Higher residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater job/housing balance and help 15 solve regional issues such as reduced traffic congestion and improved air quality. 16 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 adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project approval. 19 5. There have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not 2 1 result in exceeding the quadrant limit. 22 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 23 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 are required as conditions of project approval. 25 7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local 26 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 ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; DRB RESO NO. 300 -4- government administrative facilities; and open space, related to the project will be installed to 2 serve new development prior to or concurrent with need. Specifically, 3 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 4 is available, and building cannot occur within the project unless sewer service 5 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 6 apply to sewer service for this project. 7 b. All necessary public improvements have been provided or are required as conditions of approval.8 9 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 10 facilities. 1 * d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 12 will be collected prior to the issuance of building permit 13 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 14 8. The project is consistent with the City's Landscape Manual. !6 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 17 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.18 19 GENERAL CONDITIONS; 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 21 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 23 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 24 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 26 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 27 or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit 28 DRB RESO NO. 300 -5- \;; 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4 - 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. 6 I 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 10 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 12 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 13 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 14 issuance of any permit or action, whether discretionary or non-discretionary, in 1,. 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 16 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 11 concluded and continues even if the Agency's approval is not validated. 18 6. The Developer shall submit to the Housing and Redevelopment Department a 19 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 20 7. The Developer shall include, as part of the plans submitted for any permit plan check, a 21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 22 format. 23 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 24 provide school facilities. 25 9. This project shall comply with all conditions and mitigation measures which are required 26 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 27 10. Approval is granted for Major Redevelopment Permit RP 04-23 as shown on Exhibits A-J, dated November 21,2005, on file in the Housing and Redevelopment Department DRB RESO NO. 300 -6-H 1 and incorporated herein by reference. Development shall occur substantially as shown 2 unless otherwise noted in these conditions. 3 11. This approval is granted subject to the approval of Tentative Tract Map No. CT 04-21 and is subject to all conditions contained in Design Review Board Resolution No. 301 4 for this other approval and incorporated by reference herein. 12. This approval shall become null and void if building permits are not issued for this 6 project within 24 months from the date of project approval. 7 13. 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 9 |j 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 10 20 21 placed on the Final Map. 11 HOUSING CONDITIONS; 12 14. Prior to the approval of the final map for this project, the Developer shall enter into an 13 Affordable Housing Agreement with the City/Agency to provide and deed restrict one (1) dwelling unit if provided on-site & two (2) dwelling units if provided or purchased off- site as affordable to lower-income households for the useful life of the dwelling unit, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the 16 II Housing and Redevelopment Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future 17 owners and successors in interest. I Q ||1 I 15. The Developer shall construct or provide the required inclusionary units concurrent with the project's market rate units, unless both the final decision making authority of the City/Agency and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. BED & BREAKFAST INN CONDITIONS; 22 16. All future residents of the project will be required to sign a form, separate from the 23 CC&R's, which acknowledges that they understand that Unit 6 has the option of being converted into a Bed & Breakfast Inn at the location. 24 17. A resident manager or owner must live at and be involved in the daily operation of the facility. Documents pertaining to the operation and maintenance of such facility 26 " 27 28 shall be submitted for staff approval prior to Bed & Breakfast Inn occupancy. 18. No meals will be served other than for guests/managers staying at the facility. DRBRESONO.300 -7- r\5 19. Exterior lighting shall be designed to limit direct light glare outside of the project 2 site. 3 20. Occupancy of guests shall be limited to a maximum of seven days. 4 21. The Bed & Breakfast Inn shall be reviewed by the Housing & Redevelopment 5 Director on a yearly basis to determine if all conditions of the Bed & Breakfast Inn use have been met and that the use does not have a significant detrimental impact on 6 surrounding properties or the public health and welfare. If the Housing & Redevelopment Director determines that the use has such significant adverse 7 impacts, the Housing & Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impact(s). This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and 10 welfare, or the conditions imposed herein have not been met 11 22. The Bed & Breakfast Inn shall provide complimentary valet parking service j2 throughout the term of operation and during all hours of operation. 13 LANDSCAPE CONDITIONS: 14 23. The Developer shall submit and obtain Housing & Redevelopment Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 16 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. 17 24. 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 jo project's building, improvement, and grading plans. 20 25. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 21 MISCELLANEOUS CONDITIONS; 23 26. 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 24 Housing and Redevelopment Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Housing & Redevelopment 25 | 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: II27 28 I DRB RESO NO. 300 -8- a. General Enforcement by the City. The City shall have the right, but not the 2 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 3 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 4 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. 6 27. This project is being approved as a condominium permit for residential homeownership 7 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 8 requirement. 9 28. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 10 #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 1 1 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. 14 29. 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/or Housing and Redevelopment. 17 30. 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 1 8 recreational facilities. 19 NOTICING CONDITIONS; 20 31. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 21 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 22 successors in interest that the City of Carlsbad has issued a Major Redevelopment 23 Permit and Tentative Tract Map by Resolution No. 300 and 301 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, 24 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. 25 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. 27 ON-SITE CONDITIONS: 28 DRB RESO NO. 300 -9- | "7 32. The developer shall construct trash receptacle and recycling areas as shown on the site 2" 3 plan (Exhibit "A") 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 materials of the project and subject to the satisfaction of the Housing & Redevelopment 4 Director. 33. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 6 || 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. 8 * 9 10 II 11 35'11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. The developer shall submit and obtain Housing & Redevelopment Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The project shall have a master cable television hookup. Individual antennas shall not be permitted. There shall be separate utility systems for each unit. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees 1. 2. 3. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 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 4. 5. 6. DRB The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. RESONO. 300 -10- \Q> 1 2 3 8 7. 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 & Redevelopment Director prior to installation of such signs. 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. 11 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, 13 14 „ expired. 15 17 18 AYES: Baker, Heineman, Lawson, Marquez, Schumacher 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 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 21rt day of November, 2005 by the following vote to wit: NOES: None ABSENT: None ABSTAIN: None 20 21 22 23 24 25 26 27..DEBBIE FOUNTAIN 28 (I HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO.300 -11- CQURTNEY4flmflMAN. CIMglPERSON DESIGN REVIEW BOARD ATTEST: EXHIBIT "A" LEGAL DESCRIPTION APN 203-101-02 PARCEL (203-101-02): THE NORTHEAST HALF OF LOT 26, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. DESIGN REVIEW BOARD RESOLUTION NO. 301 1 ~ A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF CARLSBAD TRACT NUMBER CT 04-21 TO SUBDIVIDE .464 ACRES INTO NINE (9) CONDOMINIUM UNITS 4 WITH THE OPTION TO INCLUDE ONE (1) BED & BREAKFAST INN ON PROPERTY LOCATED AT 2683 & 2687 ROOSEVELT 5 STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE TOWNHOMES 7 CASE NO.: CT 04-21 8 WHEREAS, David Lee Soanes, "Applicant", has filed a verified application with " the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Robert Enright "Owner", described as Assessor Parcel Number 203-101-02 and more thoroughly described in Attachment A ("the Property"); and 12 WHEREAS, said verified application constitutes a request for a Tentative Tract 13 Map as shown on Exhibit(s) "A-J" dated November 21, 2005, on file in the Housing and 14 Redevelopment Department as "Carlsbad Village Townhomes RP 04-23/CT 04-21", as 15 provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 16 WHEREAS, the Design Review Board did, on the 21st day of November, 2005, jg hold a duly noticed public hearing as prescribed by law to consider said request; and j9 WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if any, of persons desiring to be heard, said Board considered all factors 21 relating to the Tentative Tract Map. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 23 of the City of Carlsbad as follows: 24 A) That the foregoing recitations are true and correct. 25 B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Carlsbad Village Townhomes CT 04- 26 21, based on the following findings and subject to the following conditions: 27 Findings: 28 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 21 1 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will 2 not cause serious public health problems. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are located within Land Use District 8 of the Village 4 Redevelopment Area and the intent of the Village Master Plan is to provide for a gradual transition in this district to a mix of higher quality residential uses. 3. That the site is physically suitable for the type and density of the development since the 6 site is adequate in size and shape to accommodate residential development at the density proposed, in that the development is consistent with the RH density 7 designation which has been assigned to the property based on the following findings: 8 a. The density is compatible with the surrounding area which contains a 9 variety of uses such as residential, commercial office, retail, and light industrial. Residential uses in the area range from single family residential to high density multi-family residential. The RH General Plan density designation allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size and scale. 12 b. The RH General Plan density designation serves to satisfy the goals of the 13 Village Redevelopment Master Plan by Increasing the number, quality, diversity, and affordability of housing units within the Village. 14 c. The RH General Plan density designation serves to satisfy the objectives of 15 Land Use District 8 by increasing the number of residential units in close , . proximity to shops, restaurants, and the Village Coaster Station.lo .- 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the property has frontage on Roosevelt Street and there are no easements 19 granting access through the property to others. 20 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 21 6. That the design of the subdivision provides, to the extent feasible, for future passive or 22 natural heating or cooling opportunities in the subdivision. 23 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 24 housing needs against the public service needs of the City and available fiscal and environmental resources. 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 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 2g is therefore categorically exempt form the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA DRBRESONO. 301 -2- Guidelines as an infill development project. Therefore, the Design Review Board 2 finds that there is no substantial evidence the project will have a significant effect on the environment. 3 9. That the discharge of waste from the subdivision will not result in violation of existing 4 California Regional Water Quality Control Board requirements, in that the project is I conditioned to comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 6 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 7 Plan and Village Master Plan and Design Guidelines based on the facts set forth in the staff report dated November 21, 2005 including, but not limited to the following: the project will provide for a permitted use (multi-family residential) in an appropriate o location within Land Use District 8 of the Village Redevelopment Area. 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 ordinances since: 12 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 13 service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the 14 requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 15 b. Statutory School fees will be paid to ensure the availability of school facilities in 16 the Carlsbad Unified School District. 17 c. Park-in-lieu fees are required as a condition of approval. 18 d. All necessary public improvements have been provided or are required as conditions of approval.19 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 of the fee will enable this body to find that public facilities will be available 21 concurrent with need as required by the General Plan. 12. The project has been conditioned to pay any increase in public facility fee, or new 23 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 24 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. 25 13. This project has been conditioned to comply with any requirement approved as part of 26 the Local Facilities Management Plan for Zone 1. 27 Conditions: 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or the issuance of building permits, whichever occurs first. DRB RESO NO. 301 -3- ,_ 1 If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency/City shall have the right to revoke or modify all approvals herein granted; deny or further 4 condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 5 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 6 interest by the City's approval of this Major Redevelopment Permit and Tentative Tract Map. 7 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 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 ordinances in effect at the time of building permit issuance. 13 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 14 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 15 invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 16 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 17 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and 18 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 Tentative Tract Map, (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 22 emissions. 23 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision 24 making body. 25 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide 26 school facilities. 27 8. 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 to28 that Plan prior to the issuance of building permits. DRBRESONO. 301 -4- 1 9. 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. A note to this effect 4 shall be placed on the Final Map. 5 10. Approval of CT04-21 Is granted subject to the approval of RP04-23. 6 ENGINEERING CONDITIONS; NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit, _ whichever occurs first. General 1 j 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the 12 proposed haul route. 13 2. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally 14 established by the City. 3. There shall be one Final Map recorded for this project. 4. Developer shall install sight distance corridors at all street intersections in accordance with , 7 Engineering Standards. 18 Fees/Aereements 19 5. Developer shall cause property owner to execute and submit to the City Engineer for recordation, 20 the City's standard form Geologic Failure Hold Harmless Agreement. 21 6. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the 22 adjacent property. 23 7. 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 95 Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by 26 the City Engineer. 27 Gradine 28 8. Based upon a review of the proposed grading and the grading quantities shown on the tentative DRBRESONO. 301 -5- map, a grading permit for this project is required. Developer shall apply for and obtain a grading _ permit from the City Engineer. Dedications/Improvements 4 9. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other 5 appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and 6 clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 7 10. 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, but not limited to (paving, base, signing and striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, stormwater treatment facilities and retaining walls), to City Standards to the satisfaction of the City Engineer. The improvements are: 12 II a) Developer shall construct new curb, gutter and sidewalk as necessary across 13 || the frontage of Roosevelt Street to meet current City standards to the satisfaction of the City Engineer. 14 || b) Developer to construct a new fire hydrant as shown. 15 A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be 1" constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. .o 1. Roosevelt Street shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards. 19 2. Prior to issuance of building permits, Developer shall underground all existing overhead utilities 20 within the subdivision boundary. 21 3. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours 22 duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 4. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 25 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of 27 the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from 28 storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: DRB RESO NO. 301 -6- _ 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 Final Mao Notes 10 11 12 13 18 19 20 21 25 26 27 28 be impacted by this project; 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/EMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and 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 practicable. 1. Developer shall show on Final Map the net developable acres for each parcel. 2. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. All improvements are privately owned and are to be privately maintained. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 14 C. Geotechnical Caution: 15 .. The owner of this property on behalf of itself and all of its successors in interest has " agreed to hold harmless and indemnify the City of Carlsbad from any action that may 17 arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. Special Conditions The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 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 Municipal Code, respectively. 22 Carlsbad Municipal Water District Conditions23 _ . 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 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 3. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. DRBRESONO. 301 -7- ->•/ 1 94* aj 4 5 6 7 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 1 4. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pav the San Dieeo County Water Authority capacity charee(s1 prior to issuance of Building Permits. 5. The Developer shall install potable water services and meters at District Engineer. The locations of said services shall be reflected on a location approved by the public improvement plans. 6. 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 improvement plans. 7. The Developer shall design and construct public water and sewer facilities substantially as shown on the Tentative Map to the satisfaction of the District facilities shall be reflected on public improvement plans. Engineer. Proposed public 8. The Developer shall provide separate potable water meters for each separately owned unit. /// /// /// /// /// /// /// /// /// /// /// /// /// DRB RESO NO. 301 -8- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 3 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 Government Code Section 6 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 g annul their imposition. 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 charges, nor planning, 10 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 21" day of November, 2005 by the following vote to 15 wit: 16 AYES: Baker, Heineman, Lawson, Marquez, Schumacher 17 NOES: None 18 ABSENT: None 19 ABSTAIN: None 20 21 25 22 COtffiINE£JJEINEMAN, CIIAfitPERSON DESIGN REVIEW BOARD 23 ATTEST: 24 L-*<i>rXrL* 26 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR 27" 28 DRBRESONO.301 -9- EXHIBIT "A" LEGAL DESCRIPTION APN 203-101-02 PARCEL (203-101-02): THE NORTHEAST HALF OF LOT 26, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 408 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP04-23 AND 4 TENTATIVE TRACT MAP NO. CT04-21 FOR THE CONSTRUCTION OF 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A 13,895 SQUARE FOOT TWO STORY NINE UNIT MULTI-FAMILY CONDOMINIUM WITH THE OPTION TO INCLUDE ONE (1) BED & BREAKFAST INN ON THE PROPERTY LOCATED AT 2683 & 2687 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. APPLICANT: DAVID LEE SOANES CASE NO: RP 04-23/CT 04-21 WHEREAS, on November 21, 2005, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 04-23) and Tentative Tract Map (CT 04-21) for the construction of a 13,895 square foot two story nine unit multi-family condominium with the option to convert one (1) of the multi-family condominiums to one (1) Bed & Breakfast Inn on the property located at 2683 & 2687 Roosevelt Street, and adopted Design Review Board Resolutions No. 300 and 301 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 04-23) and Tentative Tract Map (CT 04-21) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to Major Redevelopment Permit (RP 04-23) and Tentative Tract Map (CT 04-21); and WHEREAS, the recommended Design Review Board approval includes findings establishing the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 28 urbanized area that has no habitat value and is served by adequate facilities. 3 PAGE 1 ^ LJM 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment . Commission of the City of Carlsbad, California as follows: 3. That the foregoing recitations are true and correct. 2. That Major Redevelopment Permit (RP 04-23) and Tentative Tract Map (CT 04-21) are APPROVED and that the findings and conditions of the Design Review Board contained in Resolutions No. 300 and 301, on file in the City Clerk's Office and incorporated herein by reference, I are the findings and conditions of the Housing and Redevelopment Commission. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 10 analyzed and considered the environmental determination for this project and any comments thereon. ] ] The Housing and Redevelopment Commission finds that: ]2 (a) The project is consistent with the applicable general plan designation and all 13 14 15 16 17 18 19 20 21 applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres and substantially surrounded by urban uses; (c) 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; and (e) The site can be adequately served by all required utilities and public services. The Housing and Redevelopment Commission finds that the environmental determination reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the Housing and ^ Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code,. "Time Limits for Judicial Review" shall apply: 25 NOTICE TO APPLICANT: 26 "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made27 28 applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 7 th day of February, 2006 by the following vote to wit: AYES: Commissioners Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None :A. LEWIS, CHAIRMAN ATTEST: SECRETARY PAGES City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Cliff Jones 2/2/2005 Bob Wojcik Environmental Review: Categorical Exemption ITEM NO. 1 DATE: November 21, 2005 SUBJECT: RP 04-23/CT 04-21 - "CARLSBAD VILLAGE TOWNHOMES": Request for a Major Redevelopment Permit and Tentative Tract Map to allow the construction of a 13,895 square foot, two story, nine-unit multi-family condominium with the option to include one (1) Bed & Breakfast Inn on the property located at 2683 & 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 300 recommending APPROVAL of RP 04-23, and ADOPT Design Review Board Resolution No. 301 recommending APPROVAL of CT 04-21 to the Housing and Redevelopment Commission based on findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation greater than $150,000. This major redevelopment permit serves as the site development plan required by Chapter 21.53 of the Carlsbad Municipla Code. Additionally, the project requires the approval of a tentative tract map because it involves separate ownership of the residential units. In accordance with redevelopment permit procedures, the major redevelopment permit and tentative tract map are being brought forward for a recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The Design Review Board is being asked to hold a public hearing on the permits requested, consider the public testimony and staff's recommendation on the project, discuss the project and then take action to recommend approval or denial of the project. The proposed project is not located within the Coastal Zone; therefore, a Coastal Development Permit is not required for the subject project. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, David Lee Soanes, has requested a major redevelopment permit and tentative tract map to allow the construction of a 13,895 square foot, two-story nine-unit condominium CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 2 project. The subject property totals 20,221 square feet and is located at 2683 & 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area. The existing structures on-site include three small apartment buildings (7 units total) with a shared driveway aisle for access. The existing apartments are in a state of disrepair and are proposed to be demolished in order to accommodate the new building. The subject property is bordered by a 4- unit apartment building to the south, a single-family residence to the north, residential and office development across Roosevelt Street to the east, and a non-conforming automotive use to the west. The majority of the east and west side of Roosevelt Street include single family, multifamily residences, and small offices. The project consists of two-stories of residential condominiums located over underground parking. There are nine (9) units total varying in size from 1,870 square feet to 3,300 square feet, with the largest unit facing Roosevelt Street (Unit 6), having the option to operate as a condominium or a Bed & Breakfast Inn. The two-story building is designed to appear as three separate "row house" buildings in order to reduce the massing of the building along Roosevelt Street and incorporates many architectural elements of the "old world" architecture. Each residential unit has a 2-car garage with roll up garage doors and covered guest parking is provided as required. Vehicular access to the site is provided off of Roosevelt Street. IV. GENERAL PLAN CONSISTENCY The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. 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 and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. 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. V. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS AND OBJECTIVES The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: GoaM: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment. CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 3 The proposed project will result in the development of new condominium units where residents will be within clear walking distance to District 1, the retail and commercial core of the Village Area. The new residences will increase the number, quality and diversity of housing units within the Village, particularly those in proximity to transit, shopping and employment for those people seeking to reside in the downtown area. The attractive architectural design of the project will serve to enhance the site and the surrounding area. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The project has been designed to minimize the pedestrian/vehicular conflicts along Roosevelt Street by limiting vehicular access to the site to one point from Roosevelt Street, thereby improving vehicular circulation in the Village. Additionally, the proposed project will be in close proximity to both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the Village. Goal 3: Stimulate Property Improvements and New Development in the Village. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. One of the objectives of this goal is to increase the intensity of development within the Village. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Residential Support Area (Land Use District 8) by providing for an appropriate intensity of residential development that is compatible with surrounding area. Staff sees the development of the subject property as an additional catalyst for further redevelopment along Roosevelt Street. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing and sensitive to surrounding development within the area. The architecture of the new structure will meet the requirements of the design guidelines for the Village. The new structure is two stories, and is stepped back from the property lines, which is in keeping with the scale and intensity of the surrounding properties. Therefore, construction of the proposed project will reinforce the Village character with appropriate site planning and architectural design and materials that comply with City standards and requirements. VI. CONSISTENCY WITH VILLAGE LAND USE PLAN As set forth in the Village Master Plan and Design Manual, multi-family uses are classified as permitted uses within Land Use District 8 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goals established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. As mentioned previously, the proposal also includes an option to operate Unit 6 as a bed & breakfast use. Bed & breakfast uses are provisional uses in Land Use District 8. Considerations that must be addressed to assess the appropriateness of a bed & breakfast use within District 8 are: 1) that there is adequate provisions for on site parking 2) that noise and activity of late evening arrivals and early morning departures is not disruptive to residents living near the site. Staff concludes that the proposed project complies with both of these considerations. First, the project has been constructed in order to meet the on-site parking requirements for a bed & breakfast use and the required parking is easily accessible at the front of the subterranean garage. Second, staff CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 4 believes the proposed building is architecturally significant and represents the character of the Village well making a bed & breakfast use at the location quite charming and appropriate for the Village area. In order to insure that residents of the project are made aware of the bed & breakfast use, staff has conditioned the applicant to inform all future residents of the ability to convert Unit 6 into a Bed & Breakfast use at the location. Location and development criteria that must be assessed for provisional bed & breakfast projects within District 8 are that parking areas for the bed & breakfast should be separate from adjacent residential uses. Staff concludes that the parking for the bed & breakfast use is separate from adjacent residential uses. The parking area for the bed & breakfast use is contained in a separate area at the front of the building that will be serviced by a valet helping reduce the impact upon the surrounding residential units. The overall vision for the development of District 8 (Residential Support) is to accommodate a relatively dense urban neighborhood with a Village scale and character. Permitted land uses in District 8 include single and multi-family residential uses and provisional uses are primarily office related. Staff believes that the proposed project achieves this vision by providing a highly desirable residential use, which promotes the north end of Roosevelt Street as a quality residential neighborhood. The building is designed in a manner that compliments nearby residential uses incorporating many of the same architectural elements found in other Village residential projects. Development of the subject property will serve as a catalyst for future residential projects and help to promote the Village Design further along Roosevelt Street. In summary, the proposed project supports the Village character for the area. The project is located in close proximity to mass transit, parks, the beach, retail, and commercial services. The project is consistent with the Village Master Plan and Design Manual and has also been determined to be consistent with the General Plan, as related to the Village Redevelopment Area. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The specific development standards for new development within Land Use District 8 are as follows: Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 8, the required front yard setback is 5-15 feet and the required side yard setback is 10% of the total lot width (12'5"), and the rear yard setback is 5-10 feet. All setbacks are measured from property lines. The front yard setback of the proposed building is 5 feet from the front property line (after a 5 foot street dedication). The side yard setbacks are both set at the maximum of 12'5" from the side property lines. The rear of the building is located 5 feet from the rear property line. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the range, may be allowed if the project warrants such a reduction and the following findings are made by the Housing & Redevelopment Commission: 1. The reduced standard will not have an adverse impact on surrounding properties. 2. The reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGES in which the project is to be located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. The findings required allowing a reduction in the setbacks for the front and rear at a level below the maximum are as follows. First, the proposed setback will not have an adverse impact on surrounding properties as the reduced setback will allow for the parking to be visually subordinated contained below grade and beneath the structure. Furthermore, the reduced standard will help to break up the mass of the building allowing other portions of the building to be setback further and stepped back at upper levels. Second, the reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with land use objectives in that the project will replace two blighted structures with a visually appealing project with a scale and character that will improve the appearance and condition of the current Village housing stock helping to stimulate property improvements and further new development in the Village. Lastly, the reduced standard will assist in creating a project design that is interesting and visually appealing and reinforces the Village character of the area through setbacks that provide adequate space for landscape planters and decorative paving at the ground floor and allow building recesses and relief along the various building planes. The reduced standard will assist in creating greater architectural articulation adjacent to the street and will assist in the effort to make the building visually interesting and more appealing which is primary goal of the Village Design guidelines in reinforcing the Village character. Based on these findings, it is staff's position that the proposed project satisfies the setback requirements set forth for Land Use District 8. Portions of the building along the front, rear, and sides that do encroach into the setback areas are permitted as architectural encroachments pursuant to Section 21.46.120 of the Municipal Code. Qualifying architectural encroachments for the proposed project include fireplace structures, balconies, stairways, and guardrails. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 8 is 60% to 80%. For the proposed project, the building coverage is 69% which is within the established range. The bottom of the range is considered the desired standard. However, an increase in the standard to the maximum, or anywhere within the range, may be allowed if the project warrants such an increase and the following findings are made by the Housing & Redevelopment Commission: 1. The increased standard will not have an adverse impact on surrounding properties. 2. The increased standard will assist in developing a project which meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the village character of the area. The proposed building coverage is consistent with the building coverage for many of the properties within the Village. The project provides ample setbacks on both the north and side yards of 12'6" and a 5' setback is provided at the rear allowing for a building coverage of 69%, which will not negatively impact the adjacent residential uses or the commercial use to the rear. The proposed building coverage standard provides for the intensification of development desired for the area and a building with a strong street presence, which assists in creating a project design that is visually appealing and is consistent with the objectives for Land Use CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 6 District 8. Therefore, staff finds that the building coverage is consistent with the desired standard. Building Height: The height limit for Land Use District 8 is 35 feet with a minimum 5:12 roof pitch. The proposed project will have a maximum height of 35 feet and a roof pitch of 7:12. The chimneys do project above the 35-foot height limit however they are permitted as architectural features according to Section 21.46.020 of the Municipal Code. Therefore, the building height is in compliance with the established standard. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad's Landscape Manual. Open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, and/or patios. Qualified open space for the proposed project includes: landscape and hardscape on the ground floor of the front, rear, and sides of the building and private balconies and courtyards. The project provides for a total of 6,650 square feet of open space, which represents 33% of the site and is consistent with the open space requirement. Landscape and hardscape on the ground floor alone (excluding the private balconies and courtyards) equates to 25% of the site. Parking: The parking requirement for a multi-family dwelling is two standard spaces per unit and Yz guest parking space per unit. The project provides eight two-car garages for units 1- 5 & units 7-9, as well as four covered guest spaces. Unit 6 is proposed as an optional bed & breakfast unit (B&B), which requires two standard spaces for the owner of the B&B plus one space for each guest room. With 4 bedrooms proposed, the applicant proposes a tandem garage for the owner/caretaker of the B&B and a four-space tandem garage to be parked by a complimentary valet. The Municipal Code does not address standards for tandem valet parking. Tandem valet parking as an option can be considered through permits such as redevelopment permits and the appropriate conditions related to tandem valet parking can be developed through redevelopment permits. Staff believes that the complimentary valet service of the tandem garage meets the parking requirements because the required number of spaces are available and valet service makes them accessible and suggests the use be conditioned to provide complimentary valet service throughout the term of operation and during all hours of operation. This condition has been incorporated into attached DRB Resolution No. 300. Unit 6 triggers an additional guest parking space requirement (if sold as condominium rather than a B&B), which is covered and provided for on site. The applicant wishes to have the flexibility to either sell unit 6 or keep it for himself and operate it as a B&B. With either option (B&B or condominium unit) the required parking is satisfied. Residential Density: The Village Master Plan and Design Manual does not set forth specific densities in the land use districts that permit residential uses. Instead, an appropriate General Plan residential density is to be determined for each project based upon compatibility findings with the surrounding area. Maximum project density may not exceed the Growth Management Control Point (GMCP) for the applicable density designation unless a density increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad Municipal Code to exceed the GMCP. CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE? After considering the goals and objectives of the Village Redevelopment Area, the vision for Land Use District 8, and surrounding land uses, staff is recommending a High Density Residential (RH) General Plan Designation for the subject property. Justification for the RH General Plan density designation is as follows: 1. The density is compatible with the surrounding area which contains a variety of uses including residential, commercial, office, and light industrial. Residential uses in the area range from single family residential to high-density multi-family residential. Application of the RH General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 2. 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 the Village. The higher density designation makes it financially feasible to construct the multi-family units in today's economy. The Village Redevelopment Area has an abundance of residential rental units, but few condominiums have been developed in the area since prior to the inception of the redevelopment plan in 1981. 3. The RH General Plan density designation serves to satisfy the objectives of Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). Higher 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 improved air quality. The RH designation allows for a density range of 15 to 23 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The site area for the proposed project is .464 acres (20,221 square feet), which will accommodate 8.81 dwelling units per the GMCP. As discussed below, the project applicant is requesting a density increase to accommodate a total of 9 dwelling units. With 9 dwelling units proposed, the project results in a density of 19.4 dwelling units per acre, which is slightly above the GMCP of the RH density range (15-23 dwelling units per acre). In accordance with the Growth Management Ordinance specific findings regarding the availability of public facilities must be made in order to approve a density bonus above the GMCP. The proposed project complies with these findings because all necessary public improvements and facilities to accommodate the proposed development have been provided or are required as conditions of project approval. In addition, there have been sufficient developments approved in the northwest quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. Justification for meeting the findings of the Growth Management Ordinance to allow a density that exceeds the GMCP has been incorporated into the attached DRB Resolution No. 300. Inclusionary Housing Requirements: All residential projects within the Village Redevelopment Area are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGES accordance with Redevelopment Law, 15% of the private housing units constructed within a redevelopment area must be affordable to low and moderate income persons, of which not less than 40% (or 6% of the total units) must be affordable to very low income households. Per City Ordinance, 15% of the total housing units constructed must be affordable to low income households. In order to satisfy the inclusionary housing requirements for the project, the property owner must provide 1 housing unit (15% x 9 units) affordable to low income households if provided on-site & 2 units if provided off-site.. The property owner has agreed to exercise one of the following three options with the approval of the Commission and/or City Council: (1) enter into an affordable housing agreement to deed restrict one unit within the project for purposes of providing housing which is affordable to low income households for a period of thirty years; (2) property owner will purchase and deed restrict two units off-site but within the northwest quadrant and designate the units for low-income qualifying per-city policy; (3) property owner will purchase housing credits from an approved combined project, if available. DRB Resolution No. 300 includes a condition requiring the property owner to provide and deed restrict one (1) or two (2) dwelling unit(s) as affordable to lower-income households prior to the approval of the Final Map for the project in accordance with the requirements for for-sale inclusionary units as outlined in Section 21.85.040(E) of the Carlsbad Municipal Code. With the provision of one or two affordable housing unit(s) through one of the three aforementioned options, the project will satisfy its inclusionary housing requirement. Planned Development: The Village Master Plan includes a specific condition for residential units proposed for separate ownership which states that all such units shall comply with the development standards and design criteria set forth by the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. This requirement was added during the 1996 update to the Village Redevelopment Master Plan and Design Manual with the intent to provide an additional layer of development standards to insure that any development standards unique to condominium projects were included in the Master Plan. In addition to the development standards set forth in the Village Master Plan, the Planned Development Ordinance provides development standards for recreational space, lighting, utilities, recreational vehicle storage, tenant storage space, refuse areas and antennas. The project was found to comply with each of the development standards and design criteria of the Planned Development Ordinance. The following is an analysis of how the project provides for the development standards set forth in the Planned Development Ordinance, that are standards not already addressed within the Village Master Plan: Recreational Space: Private recreational space shall be provided for all planned development projects with fewer than ten (10) units through a 15'x15' patio or 120 square feet of balcony area for each unit. The proposed units each contain a minimum of 120 square feet of total balcony area/above grade courtyard area. With nine units proposed, a total of 1,080 square feet of private recreational space is required for the proposed project. The proposed project provides for a total of 1,600 square feet of private recreational space and, therefore, exceeds the standard. Lighting: Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems shall be provided. As a standard condition of approval, the CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 9 applicant shall be required to submit a lighting plan, subject to the approval of the Housing & Redevelopment Director, prior to issuance of a building permit. This condition has been incorporated into attached DRB Resolution No. 300. Utilities: There shall be separate utility systems for each unit. This condition has been incorporated into attached DRB Resolution No. 300. Tenant Storage Space: The Planned Development Ordinance requires separate storage space of at least four hundred eighty (480) cubic feet for each unit. If all the storage for each unit is provided in one area, this requirement may be reduced to three hundred ninety two (392) cubic feet per unit. This requirement is in addition to closets and other indoor storage areas that are normally part of a residential dwelling unit. Each unit has been designed to provide for a minimum of 480 cubic feet of storage space. Therefore, sufficient storage area has been designed into the units. Antennas: Individual antennas shall not be permitted. The project shall have a master cable television hookup. This condition has been incorporated into attached DRB Resolution No. 300. Parking: The Planned Development Ordinance does not trigger any additional parking requirements beyond what is required within the Village Master Plan. Therefore, the project meets the parking requirements of the Planned Development Ordinance. Building Coverage. Height and Setbacks: These standards are established individually according to the applicable land use district within the Village Redevelopment Area. The details of these development standards were previously discussed above. VIM. CONSISTENCY WITH DESIGN GUIDELINES All new projects within the Village Redevelopment Area must make a good faith effort to design a project that is consistent with a village scale and character. In accordance with the design review process set forth in the Carlsbad Village Redevelopment Master Plan and Design Manual, the Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project provides for an overall informal character, yet maintains a pleasant architectural design 2- CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 10 conducive to the surrounding neighborhood and overall Village character. The project is designed to appear as a cluster of row houses taking their character from the best of the "old world" architecture. The applicant has incorporated several desirable design elements to achieve the desired Village character. The architectural design elements include the incorporation of various sized multi paned windows with decorative trim, recessed windows with decorative trim, smooth brick chimney stacks with copper caps, wrought iron balcony railings, varied stucco colors, simulated slate roofing with a 7:12 roof pitch, and wood siding accented with wood timber detail. The buildings have a very strong relationship to the street in that they are physically located in close proximity to the public sidewalk area along Roosevelt Street and enhance the pedestrian-orientation by providing enhanced landscaping and attractive planter walls accented by rock work. The parking is visually subordinate in that it is located beneath the residence at the basement level. A summary of the design features related to the project is provided as an exhibit to this report (See Attached Exhibit B). X. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, shall comply with the City's requirements for the following: Traffic & Circulation: Projected Average Daily Traffic (ADT): 9 units @ 8 ADT = 72 ADT Due to the project's low generation of traffic, this project does not trigger the need for a traffic study. This project is served by Roosevelt Street and has direct access to public streets. The streets in the area have been designed to handle the traffic volumes generated by this project. Sewer: Sewer District: City of Carlsbad Two new sewer laterals will be installed for the project. The laterals will connect with the existing main in Roosevelt Street. A dual sewage ejector pump system will be required for living area on the basement level. Water: Water District: Carlsbad Municipal Water District Each unit will have its own water meter. Two service connections will be made to the existing water main in Roosevelt Street, which will then be manifolded to a total of nine new meters. The project will construct a new fire hydrant, and the building will include fire sprinkler systems. Grading: Permit required: Yes. Project proposes 1000 cubic yards of cut, 600 cubic yards of fill, and an export of 400 cubic yards. Maximum depth of cut is approximately 4 feet, and the maximum depth of proposed fill is approximately 6 feet. Offsite approval required: No Hillside grading requirements met: n/a CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 11 Drainage and Erosion Control: Drainage basin: Buena Vista Watershed Erosion potential: low The site currently drains to the southwest, away from Roosevelt Street. The pre-development flows are 1.7 cts. After development, the peak flow is increased to 2.6 cfs before detention. The project proposes onsite detention to lower peak runoff to the pre-development rate of 1.7 cfs. The runoff will be discharged through a 60-foot long manifold with 45 holes of 1.25" diameter, to approximate the current sheet flow conditions. Land Title: Conflicts with existing easements: No Public easement dedication required: Yes - project will dedicate 5 feet along the Roosevelt Street frontage to complete a half-street Right-of-Way width of 30 feet. Site boundary coincides with Land Title: Yes Improvements: Offsite improvements: Yes Standard Waivers required: No The project is constructing a new fire hydrant on Roosevelt Street. The Roosevelt Street frontage is already improved with curb, gutter and sidewalk. Storm Water Quality: The applicant is required to implement Best Management Practices (BMP) measures, to the maximum extent practical, to ensure that no additional pollutants-of-concern are contributed downstream of the project. The applicant has prepared a Preliminary Storm Water Management Plan that lists BMPs including site design, covered parking, stenciling of catch basins, and catch basin filters. XI. ENVIRONMENTAL REVIEW The Housing & Redevelopment Department has conducted an environmental review of the project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The necessary finding for this environmental determination is included in the attached Design Review Board resolution. A noise study was prepared by Eilar Associates to determine whether there was a potential for subjecting the future residents of the project to significant noise impacts. This study concluded that no interior or exterior noise mitigation will be necessary at any location on-site. XII. ECONOMIC IMPACT CARLSBAD VILLAGE TOWNHOMES NOVEMBER 21, 2005 PAGE 12 The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. Staff anticipates that this project will have a strong influence on the future redevelopment of properties along Roosevelt Street and throughout the Village. XIII. CONCLUSION Staff is recommending approval of the project. The project will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan and Design Manual. ATTACHMENTS: A. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines B. Design Review Board Resolution No. 300 recommending approval of RP 04-23. C. Design Review Board Resolution No. 301 recommending approval of CT 04-21. D. Location Map D. Exhibits "A - J", dated November 21, 2005, including reduced exhibits. SITE CARLSBAD VILLAGE TOWNHOMES RP 04-23x1/CT 04-21x1 L) lo Proposed Development ,- " Two-Story 9-Unit Condominium Project Unit 6 (front unit in yellow) has an option to operate as a Bed & Breakfast Inn Underground parking Frontage and access off Roosevelt Street Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: NOVEMBER 21, 2005 Place of Meeting: SENIOR CENTER CALL TO ORDER Chairperson Heineman called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairperson Heineman asked Board Member Lawson to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Heineman proceeded with the roll call of Board Members. Present: Board Members: Julie Baker Tony Lawson Sarah Marquez Michael Schumacher Chairperson: Courtney Heineman Absent: None Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant Planner: Cliff Jones Deputy City Engineer: Bob Wojcik Assistant City Attorney: Jane Mobaldi APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the April 18, 2005 meeting. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Chairperson Heineman asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the item on the agenda tonight. Ms. Fountain stated the first item on the agenda is a major redevelopment permit for Carlsbad Village Town homes and Cliff Jones, Assistant Planner in Housing and Redevelopment, assisted by Bob Wojcik from the Public Works Engineering Division, will make a presentation tonight. Cliff Jones stated the applicant, David Lee Soanes, is requesting a major redevelopment permit for the construction of a 13,895 square foot, two-story nine-unit condominium project located at 2683 and 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area. DESIGN REVIEW BOARD MINUTES NOVEMBER 21, 2005 PAGE 2 of 8 The project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation that is greater then a $150,000. In accordance with redevelopment procedures, the major redevelopment permit is being brought forward for recommendation by the Design Review Board and for final approval by the Housing and Redevelopment Commission. The subject property is located on the west side of Roosevelt Street between Laguna Drive and Beech Avenue. The existing structures on the property include three small apartment buildings with a total of six units. The apartments are in various stages of disrepair and are proposed to be demolished in order to accommodate the proposed building. The proposed project is bordered by a four-unit apartment building to the south; to the north of the proposed project is a single-family residence; to the east across Roosevelt Street is an office use and a residential use; and the property to the west contains a non-conforming automotive use. The proposed development consists of two-stories of residential condominiums located over underground parking. There are nine units total varying in size from 1,870 square feet to 3,300 square feet; with the largest unit facing Roosevelt Street (Unit 6), having the option to operate as a Bed and Breakfast Inn or to be sold as a condominium. There are six three-bedroom units, two four-bedroom units, and one five- bedroom unit. The Bed and Breakfast Inn is a four-bedroom unit and it is differentiated from the other units by its off-yellow color. The building was designed to appear as separate components in order to reduce the mass of the structure along Roosevelt Street. On Roosevelt Street, the building appears as two separate residences. The front entry porches are aimed toward the street in order to increase the sense of neighborhood and their one additional residences located behind. Vehicular access to the underground parking is provided off of Roosevelt Street. The residents may access the units at the basement level or at the ground floor at the front and the side of the property. The Village Master Plan and Design Manual includes the regulations governing the development in the village. The proposed project is within Land Use District 8 of the Village Redevelopment Area. Multifamily residences are classified as permitted uses within Land Use District 8. Permitted uses are defined as those, which are permitted by right because they are considered to be consistent with the vision and goals established by the district. The overall vision for the development of District 8 provides for a gradual transition to higher quality residential and low-impact commercial uses, which will provide support for the village center and reinforce the area north of Beech Avenue as a quality residential neighborhood. Staff concludes that the multifamily use complies with the vision and the related goals of the District. The project also includes an option to operate unit 6 as a Bed and Breakfast Inn. Considerations that must be addressed to assess the appropriateness of a Bed and Breakfast Inn are presented to the Design Review Board. Staff concludes that the project complies with both of these considerations. First, the project as constructed has met the on-site parking requirements and required parking is easily accessible at the front of the subterranean garage in order to reduce obstructions to adjacent neighbors. In order to further assure that residents of the project are not disrupted, all future owners will be required to be notified prior to purchase that unit 6 has the option to operate as a Bed and Breakfast Inn. Staff feels that the Bed and Breakfast use adds character to the village area, that the use of this location is quite charming and appropriate for the village, and the use complies with the vision and related goals of the District. Staff believes the proposed project assists in satisfying the goals and objectives set forth for Land Use District 8 for the following reasons: • It provides for a desirable use or uses; • The project may serve as a catalyst for future development; • The project is compatible with the surrounding residential character of the area; • The proposed project replaces an existing blighted structure with an architecturally appealing one; and DESIGN REVIEW BOARD MINUTES NOVEMBER 21,2005 PAGE 3 of 8 • The project increases the number and quality of housing types. The proposed project meets all of the required development standards outlined in the Village Master Plan. The project provides for an abundance of open space and landscaping and appropriate building coverage as well. The building height of the project is in compliance with the established standard set at the permitted maximum height of 35 feet. Adequate parking is provided for the residential units through the use of two-car garages and guest parking as required. Parking for the Bed and Breakfast Inn, Unit 6, is accommodated through the use of a tandem valet service for the guests and a tandem garage is provided for the owner of the Bed and Breakfast Inn. Through the proposed accommodations, the parking requirements of four spaces for the Bed and Breakfast Inn and the two required spaces for the owner is met. The municipal code does not have specific requirements with regards to tandem valet parking for commercial use. Therefore, the tandem parking can be approved as part of the redevelopment permit process. Staff feels the proposed parking meets the parking requirements and is adequate for the Bed and Breakfast Inn use. In Land Use District 8, the front yard setback is 5-15 feet. The side yard setback is required to be 10% of the total lot width (12'5"). The rear yard setback range is 5-10 feet. The proposed project falls within the required setback ranges. The side yard setbacks are set at 12 feet, 5 inches. The front yard setback is set at 5 feet after a 5-foot street dedication. The rear yard setback is set at 5 feet. Appropriate findings to allow the setback to be set at the bottom of the range for the front and rear yard setbacks are contained in the Staff Report to the Design Review Board. Staff feels that the reduced front yard setback helps to achieve the village feel and character by having residents closer to the street while maintaining adequate space for decorative landscaping and decorative walkways. With the 5-foot street dedication and 5-foot setback, the building will remain in character with the rest of the buildings along Roosevelt Street. Staff feels the reduced rear yard setback will not have an adverse impact to the automotive use to the rear, as the building is visually interesting and appealing and stepped back at portions of the rear building facade help to reduce the mass of the building as viewed from the rear. In addition to the development standards set forth in the Village Master Plan, the Planned Development Ordinance provides development standards for recreational space, lighting, tenant storage space, utilities, recreational vehicle storage, and antennas. The project was found to comply with each of the development standards and design criteria of the Planned Development Ordinance. The proposed project is also consistent with the design principles outlined in the Village Design Manual. The project provides for an overall informal character in design. The development has a strong relationship to the street. The building is rich with architectural features and details such as various sized windows, decorative trim and recesses, simulated slate roofing with a 7:12 roof pitch, wood siding accented with wood detail, smooth brick chimney stacks with copper caps, wrought iron balcony railings, and varied building colors. The proposed project also provides for an abundance of open space and landscaping along all sides of the residence. Parking is visually subordinate as it is contained below the residence at the basement below. The Housing and Redevelopment Department has conducted an environmental review of the project pursuant to the guidelines for implementation of the California Environmental Quality Act and the Environment Protection Ordinance for the City of Carlsbad. As a result of the said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The necessary findings for this environmental determination are included in the attached Design Review Board Resolution. The proposed project is anticipated to have a positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot will result in increased property taxes. This increase in property tax will further result in increased tax increment to the Redevelopment Agency. Second, the project will serve as a catalyst for future improvements in the area, DESIGN REVIEW BOARD MINUTES NOVEMBER 21,2005 PAGE 4 of 8 either new development or rehabilitation of existing buildings, through the elimination of a blighted structure and construction of a quality multifamily residential project. In conclusion, staff is recommending approval of the project. Development of the site is anticipated to have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. Board Member Lawson asked how the Bed and Breakfast Inn would be operated and how would the owners or purchasers of the condominiums be notified that Unit 6 could be operated as a Bed and Breakfast Inn? Mr. Jones said as s condition of approval of the project, any future purchasers of the unit would be required to be notified in writing that Unit 6 could be operated as a Bed and Breakfast Inn. Board Member Schumacher asked if that was in the CC&R's? He is concerned when people buy properties, they get a large stack of papers and usually don't read all of it. He wouldn't want a person to buy a unit and then down the line find out it could be operated as a Bed and Breakfast Inn. Mr. Jones said staff will require that the notification be a separate form for them to acknowledge and sign ,off. Board Member Marquez asked about allowing tandem parking in the village. I can see it being allowed for business purposes, but also gives rise to the question for the option of purchasing an off-site or implementing the in-lieu fee parking. Then purchasing the additional parking spaces needed for this unit as opposed to making it a non-conforming situation with tandem parking. In the past, we had an applicant who came in and wanted to do an addition to her home and only had a one-car garage and the only way they could conform was to tear down the parking structure and make a two-car garage because tandem parking was not allowed. Were all of those options pursued? Also, are we as a board setting precedent for businesses all over the village to set up a valet type of parking situation to meet the parking requirements? Mr. Jones said that staff doesn't believe it will be setting a precedent for all commercial uses. The Bed and Breakfast Inn is a unique situation that falls within the territory of the residential area. The Bed and Breakfast Inn use is being approved primarily as part of this redevelopment permit. Anyone else who wanted to do a tandem valet situation would have to be reviewed at that time. The reason staff looked at this scenario and analyzed it was the residential unit is required to have parking on site and this was an acceptable alternative to either have them create it as a residential unit by parking on site or as an alternative as a Bed and Breakfast. The parking in-lieu program was not analyzed at that time. Board Member Marquez asked if the applicant is going to operate this Bed and Breakfast or is that being sold off as a separate entity? Chairperson Heineman said the Board can ask the applicant. Mr. Jones said the applicant has expressed interest to either create it as a Bed and Breakfast Inn, if it is financially feasible, or to sell it off. Chairperson Heineman said that should be discussed with the applicant. Board Member Marquez asked if the designation as being a business, does that go with the property indefinitely? DESIGN REVIEW BOARD MINUTES NOVEMBER 21,2005 PAGE 6 of 8 Board Member Lawson asked the staff if in regard to the building being used as a Bed and Breakfast, are there any structural changes that will have to be done in order to accommodate that? I am thinking about ADA. Right now the site is laid out so you can go into the garage in the lower level and you can access that one unit below, but how is that person supposed to get to the kitchen and the rest of the facilities? There is only that one room downstairs. Mr. Jones said that was recently discussed. On the ground floor level they have ramps that can be put into place in order to have the lower unit of the Bed and Breakfast be fully accessible. I am not aware of all the building code requirements. However, the architect might be a better person to ask that question of for more detail. Bob Enright, the applicant, lives in San Marcos though loves the City of Carlsbad. He did a survey of the downtown area of Carlsbad and found there wasn't an actual Bed and Breakfast other than the one on Chestnut. In his survey, he found that Denver is noted for old, quaint mansions. He feels that letting people know about the Bed and Breakfast is important. Board Member Lawson commented that it sounds like Mr. Enright is excited about the Bed and Breakfast, but it is presented as an option as part of this application. What would be the circumstances then that would arise that would cause you not to do the Bed and Breakfast? Because it sounds like you want to do it, but I'm wondering then why wasn't it presented as that's what you are going to do or is there something that would give you a reason not to have it? Mr. Enright answered that it is an option and with the unknowns in real estate, it is hard to guarantee that a Bed and Breakfast will be in place. If it happens, it should be a win-win situation. Board Member Lawson said he would conclude then from your perspective, your project is eight units and a Bed and Breakfast with the option of one of those units, the Bed and Breakfast, becoming a town home. Usually when someone presents something as an option, it is only likely, but this sounds like you want to do a Bed and Breakfast. Board Member Baker asked about the affordable housing agreement, you kept your three options open. At what point will the decision need to be made for a building permit to be pulled? Mr. Jones said it would be prior to final map approval. Board Member Baker asked what will trigger if he provides a for-sale unit? Mr. Enright said it would be nice to have one off-site too. The ideal situation would be to have one off-site, but it hasn't been decided yet. Mr. Soanes, 6378 Paseo Potrerd, commented the option control is driven by the market. It is one of those juggling acts. Board Member Baker asked if there are projects available in Carlsbad that can be bought into? Mr. Jones said currently there are not any projects. Board Member Baker commented then there is the option to buy into a project? Mr. Jones agreed that potentially there is. There is a project that has not been approved yet. It is currently in process so it could potentially be approved by the time this project goes forward for building permit. DESIGN REVIEW BOARD MINUTES NOVEMBER 21,2005 PAGE 5 of 8 Mr. Jones said as it is written currently, yes, but it could be made as a condition of approval that if it is designated as a residential use to begin with, that it can never later be converted to a Bed and Breakfast if that is something the Board would like to do. Board Member Baker asked as a follow up with Board Member Marquez's question, so it's not a condition of the use permit to have an expiration on it? Mr. Jones said it is not a conditional use permit in the sense there isn't an expiration. However, staff does have the ability to revoke the permit if need be. The resolution has been written in order to allow for that to occur. Debbie Fountain, Director of Housing and Redevelopment, added that one reason staff classifies certain uses as provisional uses is that we want to look closer at them to make sure they are compatible with the area they are going into. We want to see if they will cause conflict to the area. Also you can put additional operational conditions on them if necessary. We don't create them like a conditional use permit where we put an expiration date. It would actually be a permitted use, but it would have certain conditions on it for operations. One of the things I wanted to add is that we looked at this as a mixed-use project so it has the residential and commercial component. It is just unique because it has a Bed and Breakfast as part of the residential where it may not have residential over retail or residential over office. The Bed and Breakfast is something you are probably not used to seeing, but we looked at it in that same concept. It is also further unique because we are saying it can be either residential or the Bed and Breakfast. From a residential standpoint, it makes more economic sense. The Bed and Breakfast makes more sense later on so as the village area continues to develop, they still have that option to bring it on. Chairperson Heineman asked if it can start out as a residence? Ms. Fountain agreed. They have some complications in terms of their affordable housing requirements if it is classified as a residential unit verses a Bed and Breakfast because the inclusionary housing ordinance requirements don't apply if it is a commercial unit. If it is a residential unit, then it goes into the calculations to what they are required to put on site. Jane Mobaldi, Assistant City Attorney, added she believes in this district mixed use of commercial and residential is an actual permitted use. Had it been a purely commercial use, we wouldn't be talking about conditions because it would be permitted by right. It is just because it happens to be a Bed and Breakfast, It becomes a provisional use. Board Member Lawson said with respect to the tandem parking and given this is subterranean, what provisions are there for code compliance to make sure those actually are available so that any of the prospective commercial people coming in to use the Bed and Breakfast aren't forced to actually park out in the street and burden the street. Is there a way to know they will have that parking available to the Bed and Breakfast patrons? Mr. Jones said it is a condition of approval that they be required to have tandem parking valet service. The thought is that the owner and operator of the Bed and Breakfast would also be doing this. If staff does discover at a later time that they are not using the tandem parking area as required by their permit, that is something we can take back to the Board as part of the conditions of approval. The permit could be revoked at a later time if necessary. Board Member Lawson reiterated then the valet element is critical to the formula then. Mr. Jones said yes. Assistant City Attorney, Mobaldi, said there is some precedence for that at Vigilluci's as they have tandem valet parking that was approved because it is a tight situation. That was the only way it would be feasible. DESIGN REVIEW BOARD MINUTES NOVEMBER 21,2005 PAGE 7 of 8 Ms. Fountain said it also ultimately depends on what the City Council will approve. Board Member Schumacher asked Mr. Soanes if anything needs to be done to Unit 6 so ADA will approve it? Mr. Soanes said they would make two of the bedrooms ADA accessible. There will accessibility from the street and parking area. ACTION: Motion by Board Member Baker, and duly seconded by Board Member Marquez, to adopt Design Review Board Resolution 301, recommending approval of RP 04-23/CT 04-21 to the Housing and Redevelopment Commission, which is a request for a major redevelopment permit to allow the construction of a 13,895 square foot, two story, nine-unit multi-family condominium with the option to convert one (1) condominium unit to one (1) bed and breakfast inn on the property located at 2683 and 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area, based on the findings of the subject conditions. Board Member Baker added she would like a condition put in the motion to require the paperwork for the Bed and Breakfast Inn be separate from all other paperwork at the conclusion of escrow. She would like to make an amendment to the motion that the notification for the Bed and Breakfast be on a separate 8 Vt by 11 sheet of paper. VOTE: 5-0-0 AYES: Heineman, Baker, Lawson, Marquez, and Schumacher NOES: None ABSTAIN: None ABSENT: None DIRECTOR'S REPORT Ms. Fountain welcomed a new Design Review Board Member, Mr. Michael Schumacher. Staff is working on a review of the Development Standards for the Village area. Staff has given some preliminary presentations to the City Council and the Downtown Enhancement Committee. We are looking at changing the height restrictions, density restrictions and setback restrictions. We are still in the study part of this as to what we will be doing in the future. We had a Council workshop, and I will bring the presentation to this group probably at our next meeting. We are looking at taking the Council on a tour of some areas that have some denser projects and some different standards to help them visualize the proposed changes. Chairperson Heineman asked if it would be in this area. Ms. Fountain answered no, it will probably be anywhere actually in California. It may even be in Northern California. She asked if the Design Review Board has any ideas on areas you have seen that has a little higher density or taller projects that come up to the sidewalk that still has the village feel, we'd like to hear from you. Please e-mail me or call me if you have any ideas. Board Member Lawson said he is confused on how we will deal with the separate Village ideas that are being presented by the separate sponsored Village merchants. Also by the Design Competition, how does that relate to specifically what we are doing with the city? Ms. Fountain said this group is primarily responsible for reviewing development projects. Anything related to development projects will come before this Board. The Downtown Enhancement Committee that is operating through the Chamber are looking at other ways they can help to encourage development in the DESIGN REVIEW BOARD MINUTES NOVEMBER 21, 2005 PAGE 8 of 8 downtown; whether that is peer assistance, development assistance, etc. It is all supplementing what is going on, but everyone has a different niche. Board Member Marquez asked if the new development of the new design guidelines will allow the Board to do more studying of providing goals for developers in the downtown to enhance pedestrian traffic. Is there an opportunity to create zones or overlays? Ms. Fountain said there is always a possibility to add more. Board Member Marquez agreed but thought it would be good to encourage more pedestrian traffic especially near the transit district. Ms. Fountain agreed you could share your ideas. We currently have different development standards for different districts. Board Member Marquez commented that we have all that property in the Santa Fe right-of-way which could develop more parking for downtown by building a structure of some sort. Ms. Fountain said that is always a big issue, parking. We actually don't own that property, it is owned by North County Transit District. They are currently doing their own planning process of their property and trying to determine what they want to build on their property. We have shared with them that we'd like to see a parking structure. Board Member Marquez commented that the current parking lot is always full throughout the day. Ms. Fountain said we have to understand that they are another agency. They are a State agency. Board Member Marquez also said that maybe we could look at putting the railroad tracks underground. Ms. Fountain said that has been raised previously as well. ADJOURNMENT By proper motion, the Special Meeting of November 21, 2005, was adjourned at 6:55 p.m. Respectfully submitted, DeEbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT! Minutes Clerk MINUTES MEETING OF: THE HOUSING AND REDEVELOPMENT COMMISSION (Special Meeting) DATE OF MEETING: February 7, 2006 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Chair Lewis called the Special Meeting to order at 8:51 p.m. ROLL CALL: Present: Commissioners Lewis, Hall, Kulchin, Packard, Sigafoose Absent: None. APPROVAL OF MINUTES: On a motion by Vice Chair Hall, minutes of the following meeting were approved as presented: Minutes of the Special Meeting held January 17, 2006. PUBLIC HEARING: 1. AB #379 - CARLSBAD VILLAGE TOWNHOMES RP 04-23/CT 04-21. Assistant Planner Cliff Jones presented the staff report and reviewed a PowerPoint presentation (on file in the office of the City Clerk). Vice Chair Hall confirmed with staff that there were no speakers at the Design Review Board meeting regarding the project. In response to an inquiry by Vice Chair Hall, Mr. Jones explained that the height of the wall on the west corner of the proposed project is three to four feet and that the fence on the west- facing elevation (separating commercial use from residential), is about 9 to 10 feet high. Chair Lewis opened the duly noticed Public Hearing at 9:00 p.m. The applicant, Bob Enright, 244 Violet, San Marcos, came forward to address Council. Mr. Enright stated that he would be happy to answer any questions. David Lee Soanes, the architect for the applicant, 6378 Paseo Potrero, Carlsbad, came forward to address Council. Mr. Soanes explained the elevations of the project and thanked staff for their assistance with the project. February 7, 2006 HOUSING AND REDEVELOPMENT COMMISSION MEETING Page 2 Seeing no one else wishing to speak, Chair Lewis closed the duly noticed Public Hearing at 9:04 p.m. Commissioner Packard inquired why this project would be given a wall height variance from the Standards maximum allowable wall height of 6 feet. Mr. Jones explained that due to the constraints on the site, a wall height variance is being proposed for this project and that the Housing and Redevelopment Commission, as part of the discretionary review process, can grant the variance. Commissioner Packard confirmed with staff that neighboring properties were informed of the proposed variance from the Standards in regards to the wall height. Commission discussion ensued regarding their support for the project. ACTION: On a motion by Vice Chair Hall, the Commission adopted RESOLUTION NO. 408. approving Major Redevelopment Permit No. RP04-23 and Tentative Tract Map No. CT04-21 for the construction of a 13,895 square foot two-story nine unit multi-family condominium with the option to include one (1) Bed and Breakfast Inn on the property located at 2683 and 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1. AYES; Lewis, Hall, Kulchin, Packard, Sigafoose NOES; None ADJOURNMENT: By proper/notion, the Special Meeting of February 7, 2006 was adjourned at 9:09 p.m. LORRAINE M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk 61 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 07th, 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 07th, day of March, 2008 Proof of Publication of CITY OF CARLSBAD NOTICE OF PUBLIC HEARINGCARLSBAD VILLAGE TOWNHOMESEXTENSION NOTICE IS HEREBY GIVEN that the Housing & Re-development Commission of the City of Carlsbad willhold a Public Hearing in the City Council Chambers,1200 Carlsbad Village Drive, Carlsbad, California,92008, at 6:00 pm on Tuesday, March 18, 2008, toconsider approval of an extension of Major Redevel-opment Permit (RP 04-23) and a Tentative Tract Map(CT 04-21.) for the construction of a 13,895 squarefoot, two-story, nine-unit condominium on the proper-ty located at 2683 & 2687 Roosevelt Street in LandUse District 8 of the Carlsbad Village RedevelopmentArea. Consideration is also being given to approvethe operation of a Bed & Breakfast Inn within Unit 6,which has 4 bedrooms. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. If youhave any questions or would like a copy of the staffreport, please contact Austin Silva in the Housing and Redevelopment Department at (760) 434-2813. Youmay also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the Cal-ifornia Environmental Quality Act (CEQA) and theEnvironmental Protection Ordinance of the City ofCarlsbad, the Housing & Redevelopment Departmenthas determined thatlhe project is categorically ex-empt from the requirement for preparation of environ-mental documents pursuant to Section 15332 of theState CEQA Guidelines as an infill developmentproject. The Design Review Board will be consideringrecommending approval of the environmental deter- mination during the public hearing. If you challenge the Major Redevelopment Permit ex-tension and Tentative Tract Map extension in court,you may be limited to raising only those issues you orsomeone else raised at the public hearing describedin this notice or in written correspondence delivered tothe City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 04-23x1/CT 04-21x1CASE NAME: CARLSBAD VILLAGE TOWNHOMES HOUSING & REDEVELOPMENT COMMISSION PUBLISH: MARCH?, 2008 NCT 2131811 Jane Allshouse NORTH COUNTY TIMES Legal Advertising CITY OF CARLSBAD NOTICE OF PUBLIC HEARING CARLSBAD VILLAGE TOWNHOMES EXTENSION NOTICE IS HEREBY GIVEN that the Housing & Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, 92008, at 6:00 pm on Tuesday, February 26, 2008, to consider approval of an extension of Major Redevelopment Permit (RP 04-23) and a Tentative Tract Map (CT 04- 21) for the construction of a 13,895 square foot, two-story, nine-unit condominium on the property located at 2683 & 2687 Roosevelt Street in Land Use District 8 of the Carlsbad Village Redevelopment Area. Consideration is also being given to approve the operation of a Bed & Breakfast Inn within Unit 6, which has 4 bedrooms. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Austin Silva in the Housing and Redevelopment Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Housing & Redevelopment Department has determined that the project is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. The Design Review Board will be considering recommending approval of the environmental determination during the public hearing. If you challenge the Major Redevelopment Permit extension and Tentative Tract Map extension in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 04-23x1/CT 04-21x1 CASE NAME: CARLSBAD VILLAGE TOWNHOMES HOUSING & REDEVELOPMENT COMMISSION S/TE CARLSBAD VILLAGE TOWNHOMES RP 04-23x1/CT 04-21x1 REC# 1 ARMY & NAVY ACADEMY POBOX 300O CARLSBAD CA 92018-3000 REC# 2 PEACOCK & PEACOCK 403 PARKWOOD LN ENCINITAS CA 92024-1535 REC# 3 NELSON FAMILY TRUST 06-01-99 3425 ANN DR CARLSBAD CA 92008-2002 REC# 4 SAN DIEGO & ELECTRIC CO REC# 5 HILL RICHARD L EXEMPTION TRUST 07-20-90 POBOX 1935 CARLSBAD CA 92018-1935 REC# 7 NORTH SAN DIEGO"!3UNTY TRANSIT DEVELOPMENT BOARD REC# 6 VENSTROM FAMILY TRUST 2933 LANCASTER RD CARLSBAD CA 92010-6569 REC# 8 CANTABRANA 2005 TRUST 02-19-05 3570 DONNA DR CARLSBAD CA 92008-2761 V REC# 9 SPEERT ELLEN FAMILY TRUST 11-02-87 2633 STATE ST CARLSBAD CA 92008-1627 REC# 10 EDWARDS J K S G FAMILY TRUST 02-15-01 3980 ADAMS ST CARLSBAD CA 92008-3503 REC# 11 ERE PROPERTIES L L C 1054LASOMBRADR SAN MARCOS CA 92078-1322 REC# 12 KORNBERG FAMttY TRUST 08-11-92 10880 WILS+flRE BLVD LOS ANGELES CA 90024-4101 REC# 13 KORNBERG FAMILY TRUST 08-11-92 10880 WILSHIRE BLVD LOS ANGELES CA 90024-4101 REC# 14 PALENSCAR FAMILY TRUST 02-03-99 2739 STATE ST CARLSBAD CA 92008-1629 REC# 15 BALLERINI FAMILY TRUST 08-22-77 POBOX 2689 VISTA CA 92085-2689 REC# 16 SGUEGLIA VINCENT & NINA TRUST 03-16-05 POBOX 5000 RANCHO SANTA FE CA 92067-5000 REC# 17 BROWN ARTHUR & ALICE FAMILY TRUST 02-16-00 5157 SHORE DR CARLSBAD CA 92008-4347 REC# 18 NORTH SAN Dl COUNTY TRANSIT DEVELOPMENT BOARD REC# 19 VISTA MAR TRUST 115 ACACIA AVE CARLSBAD CA Q2008-3202 REC# 20 SMITH EDMUND & EDITH FAMILY TRUST 05-28-96 3271 WESTWOOD DR CARLSBAD CA 92008-1146 REC# 21 BONSALL TRUST 1213 S PACIFIC ST OCEANSIDE CA 92054-4933 REC# 22 BLACKBURN 2000 TRUST 06-13-00 202 RAINBOW LN OCEANSIDE CA 92054-3537 REC# 23 BLACKBURN 2000 TRUST 06-13-00 202 RAINBOW LN OCEANSIDE C\92054-3537 REC# 25 RALPH A 1997 STRAESSER 1518 AVOCADO RD OCEANSIDE CA 92054-5706 REC# 24 SWANSON FAMILY TRUST 07-17-00 24 BLUFF VW IRVINE CA 92603-3602 REC# 26 LAEL J & DONALD K DEWHURST 3425 SEACREST DR CARLSBAD CA 92008-2038 REC# 27 PAUL J WEBER 580 BEECH AVE CARLSBAD CA 92008-1657 REC# 28 BLACKBURN 2000 TRUST 06-13-00 202 RAINBOWvLN OCEANSIDE C\92054-3537 29 [ FAMILY SURVIVORS TRUST 09-17-87 6631 LITS^ER DR SAN DIEGCT-CA 92119-2435 REC# 30 HENRY TREJO PO BOX 281 CARLSBAD CA 92018-0281 REC# 31 \ SMITH EDMUND & EDITH FAMILY TRUST 05-28-96 3271 WESTWOOB DR CARLSBAD CA 920b8-1146 REC# 32 JUANA I O & FRANK G AGUINA 677 G ST 143 CHULA VISTA CA 91910-3463 REC# 33 KIMBERLY A 2004 & MICHAEL A CHAMBERLAIN 2653 ROOSEVELT ST CARLSBAD CA 92008-1667 REC# 34 HUSTON FAMILY TRUST 05-18-92 PO BOX 547 CARLSBAD CA 92018-0547 REC# 35 2621 ROOSEVELT L L C POBOX 1707 FALLBROOK CA 92088-1707 REC# 36 RICHARD L JONES 2608 STATE ST CARLSBAD CA 92008-1626 REC# 37 A & D CASSARA FAMILY PARTNERS L P 2244 S SANTA FE AVE B2 VISTA CA 92084-7846 REC# 38 ANA M CABO 2568 STATE ST CARLSBAD CA 92008-1623 REC# 39 LANCER INDUSTRIES INC 2564 STATE ST CARLSBAD CA 92008-1662 REC# 40 LEWIS BETTY FAMILY TRUST 06-20-03 2569 ROOSEVELT ST CARLSBAD CA 92008-1612 REC # 41 PINAMONTI CARL R NO 1 1983 2244 S SANTA FE AVE B2 VISTA CA 92084-7846 REC# 42 DAVIS JAMES R TRUST 05-20-02 13215 PENNST 610 WHITTIER CA 90602-1725 REC# 43 JOHNSON FAMILY TRUST 12-27-85 4513 COVE OR 12 CARLSBAD CA 92008-4213 REC# 44 LORRAINE & CHARLES WULLENJOHN 1462 S 33RD DR YUMAAZ 85364-9139 REC# 45 TREJO FAMILY TRUST 10-22-93 2687 MADISON ST CARLSBAD CA 92008-1722 REC # 46 ROBERT A 2003 DUFF 2690 ROOSEVELT ST CARLSBAD CA 92008-1613 REC# 47 TAMARACK PARK L L C PO BOX 669 POWAY CA 92074-0669 REC# 48 BARLOW KAREN J TRUST 07-11-90 226 E BROADWAY VISTACA 92084-6018 REC# 49 JACKSON JESSICA L & GARY L JACKSON 1205 9TH ST EUREKA CA 95501-2019 REC# 50 JACKSON JESSICA L & GARY L JACKSON 2718 ROOSEVELT STF CARLSBAD CA 92008-1685 REC# 51 NEMETH FAMILY TRUST 04-24-90 1132 SAXONY RD ENCINITAS CA 92024-2225 REC# 5\2 NEMETH PAMILY TRUST 04-24-90 1132SAXONYRD ENCINITAS 0^2024-2225 REC# 53 SARA & KEITH HARRISON PO BOX 231594 ENCINITAS CA 92023-1594 REC# 54 FRANCES L & JOE P APODACA 327 HILL DR VISTA CA 92083-6211 REC# 55 RYANNE APARTMENTS L L C 1540 SAPPHIRE DR CARLSBAD CA 92011-1230 REC# 56 SOLEDAD SOTO 2615 MADISON ST CARLSBAD CA 92008-1722 REC# 57 MORENO JOSE & MARY F FAMILY TRUST 06-08-04 2605 MADISON ST CARLSBAD CA 92008-1722 REC# 58 CITY OF CARLSBAD REDEVELOPMENT AGENCY REC# 59 H S ERGIN PO BOX 218 CARLSBAD CA 92018-0218 REC# 60 S D C PROPERTIES L L C 2155RAMONALN VISTA CA 92084-7715 REC# 61 KERRY ROSSALL 2361 BUENA VISTA CIR CARLSBAD CA 92008-1604 REC# 62 SARA G 12-28-91 & ROBERTO F ROJAS 2650 ROOSEVELT ST CARLSBAD CA 92008-1613 REC# 63 PRATIMA J & RAJENDRA G DESAI 2266CHANNELRD NEWPORT BEACH CA 92661-1513 REC# 64 CASTENS FAMILY TRUST 2381 A JEFFERSON ST CARLSBAD CA 92008 REC# 65 WILSON JANE RESIDENCE TRUST 10-11-01 2710 MADISON ST CARLSBAD CA 92008-1727 REC# 66 HENRY DOMENICONI 2712 MADISON ST CARLSBAD CA 92008-1727 REC# 67 SETH HOENIG PO BOX 232401 ENCINITAS CA 92023-2401 REC# 68 JEFFERSON PROFESSIONAL BUILDING 2755 JEFFERSON ST 200 CARLSBAD CA 92008-1714 REC# 69 GLADYS L & TOMMY J HARRIS 722 ARBUCKLE PL CARLSBAD CA 92008-1701 REC# 70 SONIA Y RUIZ 725 ARBUCKLE PL CARLSBAD CA 92008-1702 REC# 71 KEELY C & ROGELIO S ALBA POBOX 2711 CARLSBAD CA 92018-2711 REC# 72 JACK D PHILLIPS 2667 OCEAN ST CARLSBAD CA 92008-2238 REC# 73 ANGELA & VICTOR BALAKER 3811 ALDER AVE CARLSBAD CA 92008-2704 REC# 74 LISA A BENTSON 2644 MADISON ST CARLSBAD CA 92008-1721 REC# 75 1996 STROTHER 3811 MARGARET WAY CARLSBAD CA 92008-3409 REC# 76 MARSHALL T MACK 3542 DONNA DR CARLSBAD CA 92008-2722 REC# 77 CHERYL L & RUDY C ZAVALANI 735 LACUNA DR CARLSBAD CA 92008-1651 REC CHERYL& RUDY C ZAVALANI 735 LAGUN\DR CARLSBAD CA 92008-1651 REC# 79 CURTIN SONDRA TRUST 10-09-90 3499 SEACREST DR CARLSBAD CA 92008-2039 REC# 80 HYSPAN PRECISION PRODUCTS INC EMPLOYEE BENEFITS NO 5 PO BOX 636 VISTA CA 92085-0636 REC * 81 KEELY POBOX CARLSBAD c ROGELIO S ALBA 92018-2711 REC# 82 03-13-9oV)EWHURST 3425 SEA^REST DR CARLSBADVCA 92008-2038 REC# 83 03-13-90BEWHURST 3425 SEACREST DR CARLSBAD cX92008-2038 REC# 85 03-31-81 HOWARD-JONES 2785 ROOSEVELT ST CARLSBAD CA. 92008-1617 REC# DEWHUftST FAMILY TRUST 03-13-90 3425 SEAfcREST DR CARLSBAL\CA 92008-2038 REC A 86 03-31-8\ HOWARD-JONES 2785 ROIDSEVELT ST CARLSBAGICA 92008-1617 N* REC# 87 LAEL J & DONALD K DEWHURST 3425 SEACREST DR CARLSBAD CA 92^08-2038 REC# 88 DONALD DEWHURST 7541 GIRARDAVE LA JOLLACA 92037-5102 REC# 89 OSTRIE FAMILY INC PO BOX 8 RANCHO SANTA FE CA 92067-0008 REC# 90 ROOSEVELT TAMARACK INVESTMENTS L P 6 VENTURE 215 IRVINE CA 92618-7364 REC# 91 BEAZLEY BRENT & DENISE FAMILY TRUST 10-18-04 16633 VENTURA BLVD 1030 ENCINO CA 91436-1861 REC# 92 CITY OF CARLSBAD REDEVELOPMENT AGENCY REC# 93 CITY OF CARLSBAD REDEVEU 'MENT AGENCY REC# 94 \ NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD Carlsbad Village Townhomes ExtensionHousing & Redevelopment CommissionMarch 18, 2008 Extension RequestApplicant is requesting a two-year extension with an expiration date of February 6, 2010.Redevelopment Permit (RP 04-23) and Tentative Tract Map (CT 04-21) were approved on February 6, 2006.No changes are proposed to the approved project. Location MapSITE Subject Property2683 & 2687 Roosevelt Street Apartment Buildings Adjacent Residential to the South Adjacent Residence to the North Properties to the EastOffice Use Residential Use Auto Use to the West Proposed DevelopmentTwo-Story 9-Unit Condominium Project Unit 6 (front unit in yellow) has an option to operate as a Bed & Breakfast InnUnderground parkingFrontage and access off Roosevelt Street Building CoverageRequired: 60%-80%Proposed: 69%HeightRequired: 35’ w/ min 4:12 roof pitchProposed: 35’ w/ 7:12 roof pitchOpen Space Required: 20%Proposed: 33%ParkingResidential Req: 20 spaces (8 two-car garages & 4 guest spaces)Bed & Breakfast Inn Req: 6 spaces (4 tandem valet spaces & 2 space tandem garage for Inn owner/caretaker) Standards ComplianceSetbacks Proposed:Front: 5 feet*S. Side: 12 feet 5”N. Side: 12 feet 5”Rear: 5 feet* 5-foot front yard street dedicationPD Ordinance Project Design Project Design Proposed Project Meets Goals of District 8:Provides desirable usesReplaces blighted structuresCompatible with surrounding area.Serve as catalyst for future developmentIncreases number and quality of housing types.Goals & Objectives of Land Use Plan Environmental ReviewProposed project is an in-fill development project and exempt from CEQA review.No comments received. Staff RecommendationStaff is recommending approval of the two-year extension for both the Redevelopment Permit (RP 04-23) and Tentative Tract Map (CT 04-21)