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2009-04-07; City Council; 19749; Roosevelt Center Condo Conversion
CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL 8 AB# MTG. DEPT. 19,749 03/17/09 HOUSING ROOSEVELT CENTER CONDO CONVERSION CT 08-05/RP 06-03A/CDP 06-09A DEPT. HEADsfi&JL CITY ATTY. t-^&P CITY MGR. I^^J^ RECOMMENDED ACTION: 1. That the City Council ADOPT Resolution No2009-OS3APPROVING a Tentative Tract Map for ten (10) condominiums for a previously approved redevelopment project. 2. That the Housing and Redevelopment Commission ADOPT Resolution No. 465 APPROVING an amendment to a previously approved Major Redevelopment Permit and Coastal Development Permit, for the conversion of a mixed-use rental development project into ten (10) separate ownership condominiums on the property located at 560 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1. ITEM EXPLANATION: On January 26, 2009, the Design Review Board recommended approval of a Tentative Tract Map and an amendment to a previously approved Major Redevelopment Permit and Coastal Development Permit, for the conversion of a mixed-use rental development project into 10 separate ownership condominiums consisting of 1,353 square feet of retail space, 3,554 square feet of restaurant space, 6,481 square feet of office space, and two (2) apartment units. The previously approved mixed-use building is currently under construction. To allow for flexibility to rent or sell the retail, office and/or residential space/units, the developer, has requested approval of a Tentative Tract Map. The 10,750 square foot lot is bordered by a one-story commercial building to the west, a one-story office building on the property to the north, commercial and restaurant uses across Carlsbad Village Drive to the south, and a one-story commercial building to the east. FISCAL IMPACT: The proposed Tentative Tract Map and amendment to a previously approved Major Redevelopment Permit and Coastal Development Permit will have a minimal additional fiscal impact beyond that which was indicated in the original project approval analysis. ENVIRONMENTAL IMPACT: An environmental review of the project has been conducted 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 necessary finding for this environmental determination is included in the attached Housing & Redevelopment Commission resolution. DEPARTMENT CONTACT: Austin Silva 760-434-2813 asilv@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COMMISSION ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED Dn D D CONTINUED TO DATE SPECIFIC E CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 04/07/09 Page 2 EXHIBITS: 1. City Council Resolution No. 2009-053 approving CT 08-05 2. Housing and Redevelopment Commission Resolution No. 465 approving RP 06-03A/CDP 06-09A 3. Location Map 4. Design Review Board Resolution No. 336 recommending approval of CT 08-05 5. Design Review Board Resolution No. 337 recommending approval of RP 06-03A 6. Design Review Board Resolution No. 338 recommending approval of CDP 06-09A 7. Design Review Board Staff Report dated January 26, 2009, w/attachments 8. Draft Design Review Board Minutes dated January 26, 2009 9. March 27, 2009 correspondence from Housing and Redevelopment Director Debbie Fountain in response to March 18, 2009 letter from Richard Woolsey of Richard & Richard Construction Company. 1 CITY COUNCIL RESOLUTION NO. 2009-053 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR THE CONVERSION OF A MIXED-USE DEVELOPMENT 4 PROJECT INTO 10 CONDOMINIUMS WITH 3 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON THE PROPERTY 5 LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT 6 AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 APPLICANT: RICHARD AND RICHARD CONSTRUCTION CASE NO: CT 08-058 WHEREAS, on January 26, 2009, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Tentative Tract Map to convert a mixed-use development project into 10 condominiums consisting of 3 commercial units, 5 office units, and 2 residential units on the property \2 located at 560 Carlsbad Village Drive, and adopted Design Review Board Resolution No. 336 13 recommending that the Tentative Tract Map be approved with conditions; and 14 WHEREAS, the City Council 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 16 Tentative Tract Map (CT 08-05); and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to 18 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental 19 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 20 requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 21 Guidelines as an in-fill development project on a site of less than five acres in an urbanized area 23 that has no habitat value and is served by adequate facilities. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, 25 California as follows: 26 1. That the foregoing recitations are true and correct. 27 2. That Tentative Tract Map CT 08-05 is hereby APPROVED and that the findings and 28 conditions of the Design Review Board contained in Resolution No. 336 on file in the City Clerk's 2 Office and incorporated herein by reference, are the findings and conditions of the City Council. 3 3. That the City Council of the City of Carlsbad has reviewed, analyzed and considered the 4 environmental determination for this project and any comments thereon. The City Council finds that: 5 (a) The project is consistent with the applicable general plan designation and all 6 applicable general plan policies as well as with applicable zoning designation and regulations; 7 (b) The proposed development occurs within city limits on a project site of no more than 8 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, 12 noise, air quality, or water quality; and 13 (e) The site can be adequately served by all required utilities and public services. 14 The City Council finds that the environmental determination reflects the independent judgment of the City Council of the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 18 NOTICE TO APPLICANT: 19 "The time within which judicial review of this decision must be sought, or other exactions hereafter 20 collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper 21 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 becomes 22 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 23 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." 26 27 28 -2- 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 Joint Special Meeting of the Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on the 7th day of April, 2009, by the following vote: AYES: Council Members Kulchin, Hall and Blackburn. NOES: Council Member Lewis. ABSENT: Council Member Packard CLAUDE A LEWIS"Chairman ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 465 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO MAJOR REDEVELOPMENT 4 PERMIT NUMBER RP 06-03 AND COASTAL DEVELOPMENT PERMIT NUMBER CDP 06-09 FOR THE CONVERSION OF A MIXED- 5 USE DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL 6 UNITS ON THE PROPERTY LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE 7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 APPLICANT: RICHARD AND RICHARD CONSTRUCTION 9 CASE NO: RP 06-03A/CDP 06-09A WHEREAS, on January 26, 2009, the City of Carlsbad Design Review Board held a duly noticed 11 public hearing to consider a Major Redevelopment Permit Amendment (RP 06-03A), and Coastal 12 Development Permit Amendment (CDP 06-09A) to convert a mixed-use development project into 10 13 condominiums consisting of 3 commercial units, 5 office units, and 2 residential units on the property 14 located at 560 Carlsbad Village Drive, and adopted Design Review Board Resolution Nos. 336, 337 and i. J 338 recommending to the Housing and Redevelopment Commission that the Major Redevelopment16 Permit Amendment (RP 06-03A) and Coastal Development Permit Amendment (CDP 06-09A) be , o approved with conditions; and 19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of 20 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons 21 interested in or opposed to Major Redevelopment Permit Amendment (RP 06-03A) and Coastal 22 Development Permit Amendment (CDP 06-09A); and 23 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 25 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the 26 requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 27 Guidelines as an in-fill development project on a site of less than five acres in an urbanized area 28 that has no habitat value and is served by adequate facilities. 2 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 3 Commission of the City of Carlsbad, California as follows: 4 1. That the foregoing recitations are true and correct. 5 2. That Major Redevelopment Permit Amendment (RP 06-03A) and Coastal Development6 7 Permit Amendment (CDP 06-09A) are APPROVED and that the findings and conditions of the Design g Review Board contained in Resolution Nos. 337 and 338 on file in the City Clerk's Office and 9 incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment 10 Commission except that an additional condition is added to read as follows: 11 "Utilities: That the project CCR's shall include the requirement that the developer/owner ^ or any subsequent owner shall retain a minimum of 51% of the real estate and shall operate and be responsible for the property owners association which shall be responsible for and shall pay the monthly water usage bills." 14 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 15 analyzed and considered the environmental determination for this project and any comments thereon. 16 The Housing and Redevelopment Commission finds that: 17 (a) The project is consistent with the applicable general plan designation and all 18 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 ~ 1 five acres and substantially surrounded by urban uses; 22 (c) The project site has no value as habitat for endangered, rare or threatened species; 23 (d) Approval of the project would not result in any significant effects relating to traffic, 24 noise, air quality, or water quality; and 25 (e) The site can be adequately served by all required utilities and public services. 26 The Housing and Redevelopment Commission finds that the environmental determination 97 reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. HRC RESO NO. -2- 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment 2 Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 4" 5 NOTICE TO APPLICANT: 6 "The time within which judicial review of this decision must be sought, or other exactions hereafter 7 collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made 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 becomes final a request for the record of the proceedings accompanied by the required deposit in an amount , p. 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 11 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 12 of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008." 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HRC RESO NO. -3- 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 Joint Special Meeting of the Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on the 7th day of April, 2009, by the following vote: AYES: Commission Members Kulchin, Hall and Blackburn. NOES: Commission Member Lewis. ABSENT: Commission Member Packard. CL'AUDEA' LEWIS, ATTEST: LISA HILDABRAND, Secretary (SEAL) oV ESTABLISHED \ f; Jo • • 65, %\ 1970 ;§ "" * '•. .-' * C'', * ••-. ..... •••* o "'/. C4«LSB(* 0-x ' S/7E ROOSEVELT CENTER CONDOMINIUM CONVERSION CT 08-05/RP 06-03A/CDP 06-09A 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 DESIGN REVIEW BOARD RESOLUTION NO. 336 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP NUMBER CT 08-05 FOR THE CONVERSION OF A MIXED-USE DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON THE PROPERTY LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ROOSEVELT CENTER CONDO CONVERSION CASE NO.: CT 08-05 WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Richard A. Woolsley and Thomas J. Hurley "Owners", described as Assessor Parcel Number 203-292-22 and more thoroughly described in Attachment A ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) "A-C" dated January 26, 2009, on file in the Housing and Redevelopment Department as "Roosevelt Center Condo Conversion CT 08-05/RP 06- 03A/CDP 06-03A", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 26th day of January, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Roosevelt Center Condo Conversion CT 08-15, based on the following findings and subject to the following conditions: Findings: 2 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 4 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems. 2. That the proposed project is compatible with the surrounding future land uses since 5 surrounding properties are located within Land Use District 1 of the Village Redevelopment Area and the intent of the Village Master Plan is to accommodate 7 .a wide mix of uses in this district with an emphasis upon retail shopping continuity, local serving commercial shops, stores and restaurants as well as 8 facilities and services for travelers in the coastal zone. 9 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the 10 density proposed, in that the development is consistent with the RMH density designation which has been assigned to the property based on the following 11 findings: 12 a. The density is compatible with the surrounding area, which contains a 13 variety of uses including multi-family residential, commercial and hotel. Application of the RMH General Plan designation on the subject property 14 would allow for future medium-high density mixed-use development, which is permitted in District 1, and would be compatible with the mixture 15 of surrounding uses. 16 5. The RMH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, 17 and diversity of housing units within this area of the Village. The medium- 18 high density designation allows for future development that would be consistent the goals and objectives of the Redevelopment Master Plan. 19 c. The RMH General Plan density designation serves to satisfy the objectives 20 of Land Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & 21 Village Coaster Station). Medium-high residential densities in close proximity to mixed-use areas with easy access to mass transportation 22 promote greater job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 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 Carlsbad Village Drive and Roosevelt Street and 25 there are no easements granting access through the property to others. 27 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 28 DRB RESO NO. 336 -2- 1 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. , 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 A 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 6 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 7 Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of 8 environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. Therefore, the Design Review Board 9 finds that there is no substantial evidence the project will have a significant effect on the environment.1U , I 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project is 12 conditioned to comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 13 10. The Design Review Board finds that the project, as conditioned herein, is in 14 conformance with the Elements of the City's General Plan, the Village Redevelopment Plan and Village Master Plan and Design Guidelines based on the facts set forth in 15 the staff report dated January 26, 2009 including, but not limited to the following: the project will provide for a permitted mixed-use development (multi-family, 16 commercial, office, and restaurant) in an appropriate location within Land Use District 1 of the Village Redevelopment Area. lg 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 19 ordinances since: 20 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 21 service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the 22 requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 23 b. All necessary public improvements have been provided or are required as 24 conditions of approval. 25 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 26 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 27 public facilities and will mitigate any cumulative impacts created by the project. 28 DRB RESO NO. 336 -3- f """* 1 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. - Conditions: 4 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to recordation of the final 5 map. 6 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 7 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 8 condition issuance of ail future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 9 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 10 interest by the City's approval of this Major Redevelopment Permit and Tentative Tract Map. 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 13 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 j4 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 16 ordinances in effect at the time of building permit issuance. 17 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 18 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 19 invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 21 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body 22 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 23 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 24 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 25 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 26 emissions. 27 28 DRB RESO NO. 336 -4- 1 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Building permits will not be issued for this project unless the local agency providing 4 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 5 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 6 shall be placed on the Final Map. 7 Engineering Conditions: 8 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 9 or grading permit whichever occurs first. 10 General: Developer shall submit to the Housing and Redevelopment Director, a reproducible 24" . x 36", mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the Housing and Redevelopment Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the final map. 14 2. This approval is subject to the approval and conditions of RP 06-03A and CDP 06-09A. 15 3. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's 16 and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to 17 private streets, utilities, street trees, sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc. 18 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 19 4. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 20 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 21 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 2 devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water _, . or Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 24 Utilities 25 5. The design and operation of the proposed water system shall comply with the following: 26 A. Sub-meters may be installed for portions of this project. The sub-meters shall be 27 privately owned and maintained by the Property Owners Association (POA) or Operator of this facility. It shall be the responsibility of the POA/Operator to 28 DRB RESO NO. 336 -5- 1 apportion the water bill to the separate sub-metered ownership within each building served by a City water meter. 2 B. Prior to issuance of building permits for this project, the owner shall create an impound account to be funded with an amount equal to an estimated three months of water bill payments for the entire project. C. Owners and tenants of the units shall be notified that the City may shutoff water service to the entire building if adequate payment of the water bill is not made. D. The project CC&R's shall include wording satisfactory to the City Engineer relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also 5 include language stating that the CC&R provisions related to water meters cannot be changed without the approval of the City Engineer. 7 Standard Code Reminders: 8 The project is subject to all applicable provisions of local ordinances, including but not limited to 9 the following: 6. This tentative map shall expire two years from the date on which the Design Review Board voted to approve this application. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRB RESO NO. 336 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 26™ day of January, 2009, by the following vote to wit: AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON NOES: NONE ABSENT: NONE ABSTAIN: NONE ANTHONY/AWSON, CHAIRPERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 336 -7- 1 DESIGN REVIEW BOARD RESOLUTION NO. 337 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR REDEVELOPMENT PERMIT NUMBER RP 06- 4 03 FOR THE FOR THE CONVERSION OF A MIXED-USE DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3 COMMERCIAL UNITS, 5 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON THE PROPERTY 6 LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN 7 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ROOSEVELT CENTER 8 APN: 203-292-22 9 CASE NO: RP 06-03A 10 WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified 12 application with the Redevelopment Agency of the City of Carlsbad regarding property owned by 13 Tom Hurley and Richard A. Woolsley, "Owners", described as Assessor Parcel Number 203- 14 292-22, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request to amend Major Redevelopment 16 Permit RP 06-03 to allow a previously approved three-story mixed-use project to be converted 17 into 10 condominium units, as shown on Exhibits "A-C" dated January 26, 2009, on file in the18 !9 Housing and Redevelopment Department, "Roosevelt Center RP 06-03A/CDP 06-09A/CT 08- 20 05", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 21 WHEREAS, the Design Review Board did on the 26th day of January, 2009, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony and 24 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 26 "Roosevelt Center RP 06-03A/CDP 06-09A/CT 08-05" 27 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 28 follows: A. That the foregoing recitations are true and correct. 2 B. That based on the evidence presented at the public hearing, the Design Review 3 Board RECOMMENDS APPROVAL of Roosevelt Center RP 06-03A, based on the following findings and subject to the following conditions: 4 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS; 6 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, 7 and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found 9 that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 GENERAL CONDITIONS; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 13 1. This approval is granted subject to the approval of Tentative Tract Map No. CT 08-05 and is subject to all conditions contained in Design Review Board Resolution No. 336 for this other approval and incorporated herein by reference. 16 2. This approval is granted subject to the approval of amended Coastal Development Permit (CDP 06-09A) and is subject to all conditions contained in Design Review Board 17 Resolution No. 338 for those other approvals incorporated herein by reference. 1 O 3. All conditions contained within Design Review Board Resolution No. 322 and as approved 19 by Housing and Redevelopment Commission Resolution No. 441 shall remain in full force and effect. 20 4. Conditions not satisfied in Design Review Board Resolution No. 322 as of the date of this approval shall be satisfied prior to issuance of the Certificate of Occupancy. 22 23 24 25 26 27 28 DRB RESO NO. 337 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of January, 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON NONE NONE NONE ANTHONY LAWSON, CHAIRPERSON DESIGN/REVIEW BOARD ATTEST: / DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 337 -3- 1 DESIGN REVIEW BOARD RESOLUTION NO. 338 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMMENDMENT TO COASTAL DEVELOPMENT PERMIT NUMBER 4 CDP 06-09 TO ALLOW THE CONVERSION OF A MIXED-USE DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3 5 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON THE PROPERTY LOCATED AT 560 CARLSBAD VILLAGE DRIVE 6 IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT 7 ZONE1. CASE NAME: ROOSEVELT CENTER 8 APN: 203-292-22 CASE NO.: CDP06-09A9 WHEREAS, Richard and Richard Construction, "Applicant", has filed a Ij verified application with the Redevelopment Agency of the City of Carlsbad regarding property 12 owned by Tom Hurley, "Owner", described as Assessor Parcel Numbers 203-292-22, and 13 more thoroughly described in Attachment A, ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Coastal 15 Development Permit as shown on Exhibits "A-C" dated January 26, 2009, on file in the 16 Housing and Redevelopment Department, "Roosevelt Center RP 06-03A/CDP 06-09A/CT 08- 17 05" as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and 18 „,WHEREAS, the Design Review Board did, on the 26 day of January 2009, hold 19 a duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Board considered all factors 22 relating to the CDP. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board of the City of Carlsbad as follows: 2*3 _6 A) That the foregoing recitations are true and correct. 27 B) That based on the evidence presented at the public hearing, the Board RECOMMENDS APPROVAL of Roosevelt Center CDP 06-09A based on the 28 following findings and subject to the following conditions: 2.1 That the proposed development is in conformance with the Carlsbad Village Area ~ Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the City of 4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty 5 of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 6 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 7 of the Coastal Act in that the development will not alter physical or visual access to the shore. 8 3. The project is consistent with the provisions of the Coastal Resource Protection 9 Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist within the proposed construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. 12 Conditions: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 14 1. This approval is granted subject to the approval of amended Redevelopment Permit 15 (RP 06-03A) and is subject to all condition contained in Design Review Board Resolution No. 337 for those approvals incorporated herein by reference. 16 2. This approval is granted subject to the approval of Tentative Tract Map No. CT 08-05 17 and is subject to all conditions contained in Design Review Board Resolution No. 336 , 0 for those other approvals incorporated herein by reference.lo 19 3. All conditions contained within Design Review Board Resolution No. 323 and as approved by Housing and Redevelopment Commission Resolution No. 441 shall 20 remain in full force and effect. 21 4. Conditions not satisfied in Design Review Board Resolution No. 323 as of the date of this approval shall be satisfied prior to issuance of the Certificate of Occupancy. 22" 23 24 25 26 27 28 DRB RESO NO. 3 3 8 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of January, 2009, by the following vote, to wit: AYES: NOES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON NONE ABSENT: NONE ABSTAIN: NONE ATTEST: QJ ANTHON/ CAWSON, CHAIRPERSON DESIGN/REVIEW BOARD fex^ DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 338 -3- City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: Staff: Austin Silva 11/17/2008 TeclaLevy Environmental Review: Categorical Exemption ITEM NO. 1 DATE: January 26, 2009 SUBJECT: CT 08-05/RP 06-03A/CDP 06-09A "ROOSEVELT CENTER": Request for a Tentative Tract Map and amendment to a previously approved Major Redevelopment Permit and Coastal Development Permit, for the conversion of a mixed-use development project into 10 separate ownership condominiums consisting of 1,353 square feet of retail space, 3,554 square feet of restaurant space, 6,481 square feet of office space, and two (2) apartment units on the property located at 560 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 336 recommending APPROVAL of CT 08-05 , ADOPT Design Review Board Resolution No. 337 recommending APPROVAL of RP 06-03A, and ADOPT Design Review Board Resolution No. 338 recommending approval of CDP 06-09A to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The project requires approval of a Tentative Tract Map because it involves separate ownership of the retail space, restaurant space, office space, and residential units. In addition, amendments to both the Redevelopment Permit and Coastal Development Permit are required due to the fact that there is a change to the approved plans consisting of a conversion of apartment, commercial, and office units into 10 separate ownership condominiums. In accordance with Redevelopment Permit procedures, the three permits 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. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Richard and Richard Construction, has requested a Tentative Tract Map and amendment to the previously approved Redevelopment Permit and Coastal Development ROOSEVELT CENTER CONDO CONVERSION JANUARY 26, 2009 PAGE 2 Permit to convert 1,353 square feet of retail space, 3,554 square feet of restaurant space, 6,481 square feet of office space and 2 residential apartments into ten condominiums with 3 commercial units, 5 office units, and 2 residential units with 2 residential garage units. There have been adjustments in the restaurant and retail space sizes throughout the building permit process, however staff has found the revisions to be in conformance with the approved plans and do not require additional parking. The subject property totals 10,750 square feet and is located at 560 and 562 Carlsbad Village Drive in Land Use District 1 of the Carlsbad Village Redevelopment Area. The previously approved project is currently under construction. The three-story building consists of retail and restaurant space on the first floor, office space on the second floor, and two apartment units on the third floor. The apartment units are 1,838 and 2,053 square feet with both having two bedrooms and two bathrooms. The building has retail and restaurant space on the ground floor incorporating attractive decorative building materials such as stone veneer, decorative lighting fixtures, landscape planters, and water fountains. The office space and residential units located above the retail and restaurant space continue the pleasing architectural design to the upper levels of the building incorporating ornamental half- timbering, steeply pitched roofs, and stone chimneys. Resident parking for the project is screened from public view through the use of two-car garages accessed from the alley. The required guest parking is an accessible covered space that is in between the two garages located at the rear of the lot. Vehicular access to the site is provided off of an alley from Carlsbad Village Drive. The applicant has participated in the parking in-lieu-fee program for the required retail, restaurant, and office space parking. VII. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS A change in the approved project's design is not part of this application. Planned Development: At the time of project approval, the Village Master Plan included 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. However, the Planned Development Ordinance regulations did not apply to attached residential units proposed for inclusion as part of a commercial development project (i.e. mixed-use). Although not required to do so, the proposed project met many of the requirements of the Planned Development Ordinance in order to provide added project amenities as noted below. Recreational Space: The proposed units each contain a minimum of 120 square feet of total balcony area as required. In addition, a common roof deck/patio area is provided for the residents totaling 1,700 square feet. The total amount of private recreational space provided for the units is 2,739 square feet. Lighting: Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems will be provided. The applicant submitted a lighting plan, which was approved by the Housing & Redevelopment Director. This condition was incorporated into the original DRB Resolution No. 322. Utilities: There shall be separate utility systems for each unit. This condition was incorporated into the original DRB Resolution No. 322. ROOSEVELT CENTER CONDO CONVERSION JANUARY 26, 2009 PAGE 3 Tenant Storage Space: Each unit has been designed to provide for a minimum of 360 cubic feet of storage space in the garage as required. 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. 322. IX. ENVIRONMENTAL REVIEW The Planning Director 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 Planning Director has found the project 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. X. ECONOMIC IMPACT 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. XI. STAFF RECOMMENDATION 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. Design Review Board Resolution No. 336 recommending approval of CT 08-05 B. Design Review Board Resolution No. 337 recommending approval of RP 06-03A C. Design Review Board Resolution No. 338 recommending approval of CDP 06-09A D. Location Map E. Exhibits "A-C", dated January 26, 2009, including reduced exhibits. CT O8-O5/RP O6-O3 «sgar SSSS& LOTS 17 - 27 gssss LOT 1 LOT 2S MBS- w art 90.2ff | ---- - >- M55- ss ore saw - jl ill MiTf 4 CARLSBAD VLLAGE (FORMERLY ELM STREET) DfflVE Itf 30- 24 f k 3ff f \ 14 feLLLTT'i i^ L-EXTT. A.C. PAWNS SHEET 1 OF 3 SHEETS CITY OF CARLSBAD TENTATIVE SUBDIVISION MAP SCALE T-20' 9CET V SIE PUN, STREET CROSS SECTIONS, MOTES. V SHEET t OUONC PLAN SHEH t CtMOCHNUH UMT PUN AND GUTTO* TYPICAL SECTION ROOSEVELT STREET TYPICAL SECTION ROOSEVELT STREET TYPICAL SECTION CARLSBAD VILLAGE DRIVE FOR CONDOMINIUM PURPOSES GENERAL INFORMATION ASSESSOR'S PHKS. MO; I03-2M-22 TOTAi HUM OF LOTS: 1 TOTAL NUMBED OF AMSPME COOOMMUM UMTS: 10 SOD) SERVKX BT; OTY OF CAASBW MTER SERVKE BY: CARLSBAD 1UUPAL MTEft DKTBCT SCHOOL nSIHCT: CADUBAD UNFED SCHOOL DGTBCT ZOMNfi LA» USE OKTOCT 1 OF DC CASLSBAO V1LAGE RQCVELOWENT (V-«J AREA AW) M LOCAL FAOLnCSlUHAOBKNT ZONE 1. CROSS ACREAGE: 0.14 ACRES - 10.7U Stt FT. PROPOSED LAND USE COtMROAL, OFFICE. RESOENIIAL BUUMG AREA: T&23S SJ. TOTAL BUUWG COWXACE: TUTS LANDSCAPE COVERAGE; 0.7% CCHMH AREA: 22.221 9 MBUOE OALT TRAFFIC SPEQAUrr HETAL (4D/10DOSF) - M.4 RESTAURANT-QUALITY (lOO/IOOOSf) - 33SJ COMMERCIAL OFTKE (20/1000SF) - 130 HESOEKTIAL URBAN (II^MT) - 24 TOTAL DULY AWRAGE TWPS 587 REQUIRED PARKING RET5E 1353 SFOI/30 TOTAL PARKMG REQUKED: S7 SPACES TOTAL PARKHC PROMDED: 5 COVERED TOTAL PARKMG PROVDED VIA M-LEU FEE- 12 SPACES TOTAL PARKMG PROWED: (7 SPACES RELATED APPUCATK1NS O^ER/SU60I \1DER APPUCANT HICHAM) * flKMARD CONSTRUCTHN 2M «NTt«E STREET, SUFTE 100SAH MARCOS, CA B207B CONTACT: MX MDOLSTr PHONE Ntt(7SO) 4I7-17ST RAUON J. SPEAR LS. N CT O8-O5/RP O6-O3 SHEET 2 OF 3 SHEETS CITY OF CARLSBAD TENTATIVE SUBDIVISION MAP FOR CONDOMINIUM PURPOSES mr.x /•<£>\m M —t— —^ DIRECTION OF DRNHACE p.c.t CONCRETE PROPOSED M1MMNG OWL (PER SEPARATE PERMT) CONSTRUC1KW NOTES: © DOSTWC LOT 28. 29. AND A PORTION Of LOT 30, 31, * M IN BUXX 34, IMP M. US TO BE CONSOLJDATEDPER DOOJMOrr MOAPJ 07-03. OATEO: ©OVUGESME TDBEFVC SPRINKLED. (D BUP-flCQFUMMn) DOWOPOUTS HLTERS PER KRBTM ENTERPRISES. MC. OR EQUAL PLANS PREPAREDSPEAR & ASSOCIATES. INC 5 PRODUCTION STREET, SAN MARCOS, CA-(7BO) 736-2O4O FAX <78O) 738-48*8 TELCO BOX TO BE BEUXATED. © EH5TMO CAS ICIER TO BE RELOCATED. DAMAGED EXTSTMC SOCWALK FROM CONSTRUCTION CT O8-O5/RP 06-O3 SHEET 3 Of 3 SHEETS H.OORF1-AN RRST FLOC3R saoo1 CONDOMMUM PUT PLAN FLOOR PLAN SECOND FLOOR _f § o-s l! CONDOMNUM UNTT PLAN CITY OF CARLSBAD TENTATIVE SUBDIVISION MAP\ FOR CONDOMINIUM PURPOSES H-OOTIPLAN THIRD FLOOR CONDOMMUM UHT PLAN SCALE 1"=20' CONDOMINIUM UNITS — UNrtS C-1 TO C-S _ UMTS 0-1 TO 0~S „ UHTS R-1 AW R-l RESUEHTUU. GARAGE— UMTS RC-I AM) RC-2 H ENCLOSURE ® yQrt RES1ROOM ©DXCDCROOH © WHEVS RESTOCK (3) ELEVATOR (5) JAMTDft ROCK 0 CMPORT (VBTOR) © BMAUST 9UFT fe Minutes of: DESIGN REVIEW BOARD Time of Meeting: 6:00 P.M. Date of Meeting: JANUARY 26, 2009 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Lawson called the Meeting to order at 6:02 p.m. PLEDGE OF ALLEGIANCE Chairperson Lawson asked Board Member Baker to lead the group in the Pledge of Allegiance. ROLL CALL Chairperson Lawson proceeded with the roll call of Board Members. Present: Board Members: Julie Baker John Prietto Michael Schumacher Frank Whitton Chairperson: Anthony Lawson Absent: None Staff Present: Housing and Redevelopment Director: Debbie Fountain Assistant City Attorney: Jane Mobafdi Assistant Planner: Austin Silva Senior Civil Engineer,: Glen Van Peski APPROVAL OF MINUTES ACTION: The Board unanimously approved the minutes of the October 27, 2008, as written. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA There were no comments from the audience. NEW BUSINESS Chairperson Lawson asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the item on the agenda tonight. Ms. Fountain said the item on the agenda tonight is Roosevelt Center requesting a tentative tract map and amendments to some previously approved permits. Austin Silva, Assistant Planner in the Housing and Redevelopment Department, will provide you with the staff report and answer any questions you may have. Mr. Silva said Richard Woolsey from Richard and Richard Construction is requesting a Tentative Tract map and amendment to a previously approved Major Redevelopment Permit and a Coastal Development Permit for the conversion of a mixed-use development project into ten separate ownership condominiums. The subject property is located at the corner of Carlsbad Village Drive and Roosevelt Street and has an L- shaped figure to it. Currently the subject property is under construction for the previously approved mixed- use project. The property to the east is a one-story commercial building; the property to the west is another one-story commercial building with retail shops; the property to the north is a one-story office building; and properties to the south include restaurant space, commercial and office. The project is currently approved for 3,554 square feet of restaurant space, 1,353 square feet of retail space, 6,481 square feet of office space, two residential apartments, and the project has met the standards of the Planned Development ordinance, although it was not required to do so because it is considered a mixed-use project. The proposal in front of you today is a request for a Tentative Tract map and an amendment to a Redevelopment Permit and Coastal Development Permit. It includes the conversion of a mixed-use development project into ten separate ownership condominiums with three commercial units, five office units and two residential units. DESIGN REVIEW BOARD MINUTES JANUARY 26, 2009 PAGE 2 of 4 The project has been found to be exempt from CEQA as it is classified as an infill development project per section 15332 of CEQA guidelines. Staff is recommending approval of the project. Board Member Baker asked what changed between when this was first approved until now. Mr. Silva said the applicant can answer that question. Board Member Baker said she was just curious why we didn't do this in the first place. My name is Rick Woolsey. I am one of three owners in an LLC for this project, and I am also the design builder. My company did the design and we are building the project. I don't really have any formal presentation. To answer the one question, the thing that really has changed from the time we started the project until now, is very simply the economy. We have gone from more or less a complete hold option to we have a $5.8 million dollar construction loan and a $7 million dollar overall to make us whole so we had to get more flexible with our ability to sell or lease this project. It would still be our objective to hold the majority of this project in the LLC. Board Member Whitton commented if I am hearing you correctly, you are going to hold the property as your total ownership but as you see fit, you are going to spin one off and lease it out or sell it outto somebody; is that what I am to understand? Mr. Woolsey said their game plan is they need flexibility because of the economy and we are trying to get the tract map and APN's, but presently we have a very interested party into the restaurant. It is a very high end restaurant user. We have high end wine sales that actually is part of that in the large retail, and then a ladies boutique that is in the smaller retail space. The two retails, right now, we are looking at a lease. We have three divisions, restaurants, Tl's and buildings. It has always been my game plan if we are going to sell a portion, then sell the restaurant. There is so much that goes into them. We have many, many inquiries to this restaurant. I just finished meeting with a group face-to-face for the first time but we have gotten to the point of signatures of a lease to sale if the tentative map goes through. To lease the offices and right now to even rent the condominiums until the economy changes around at this point. However, with that kind of construction loan and debt, if we find the right people who would like to purchase an element, we would need to go that way. Chairperson Lawson said given that when you applied for this project the options of for lease or for sale development was probably an opportunity you had to decide on when you first started this. Given whether or not the economy is the way it is permanently or long-term or whatever and you were to do another project in the Village, would you pursue the way you did this one initially as for lease or for sale. The reason I am asking is to get a better sense of what might be more enticing and more viable for other developers to come in and do nice projects as you have. Mr. Woolsey said thank you. We are proud of the project. I would probably encourage people to start out more with the tract map process. It gives you more flexibility with the building itself to at least get some of your cash out back. Even from day one, we have always set it up if we needed to do that; we could do that from the utility standpoint. At a bare minimum I think other developers need to be pushed to set the project up to be divided. The City was very instrumental, the Engineering Department and others, as far as pushing that also. Board Member Whitton said with the restaurant being there and the offices that could become condominiums are all the utilities separately metered so they are split off from the restaurant and all the associated utilities with that and each of the offices as well? Mr. Woolsey said yes and no. For the most part, all the electrical is separated. The restaurant is completely separated. It has its own grease clarifier and sewer line that goes out from it and its own water meter. However, I believe there is one other meter that has secondary meters within to control the billings of them. There is some combined sewage capacity and water. The gas meter has a manifold setup for separate gas meters. DESIGN REVIEW BOARD MINUTES JANUARY 26, 2009 PAGE 3 of 4 Chairperson Lawson commented that the City Engineer may be able to clarify some of that. Mr. Glen Van Peski, City Engineer, said we have a policy for condominiums; they each require their own sewer service and water service. There is a provision for requesting the City Engineer to waive that and the developer did do that. It was considered and approved in this case. Chairperson Lawson said he does have one question regarding the actual construction. I am assuming there have been no deviations from the approved plans for the most part; all the square footages are the same, and the land uses are still the same. You haven't been deviating from that so this is more or less a legal paper type that we are agreeing that we are deviating from. Is that correct? Mr. Woolsey said that is correct. Chairperson Lawson opened public testimony. There wasn't anyone who wished to speak. The public testimony was closed. Is there anything more staff would like to add to this topto at this time? Mr. Silva said no. Chairperson Lawson opened for Board discussion. Board Member Baker moved the Design Review Board adopt Design Review Board Resolution Number 336 recommending approval of CT 08-05, adopt Design Review Board Resolution Number 337 recommending approval of RP 06-03A and adopt Design Review Board Number 338 recommending approval of CDP 06- 09A to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. Board Member Schumacher seconded the motion. VOTE: 5-0 AYES: Baker, Lawson, Prietto, Schumacher, and Whitton NOES: None ABSTAIN: None ABSENT: None DIRECTOR'S REPORT Ms. Fountain said one of the reasons we wanted to take this action is we are hoping to start moving forward either in our February meeting or our March meeting to process the paperwork we would need to do as a result of the Redevelopment Plan expiring this July for the Village Area. There are several actions that will be requested of the Design Review Board as well as the Planning Commission, the City Council, and the Housing and Redevelopment Commission to process the appropriate documentation to allow for that transition. We will be bringing that forward at either our February or our March meeting. Chairperson Lawson said he noticed they had minutes from just the October meeting but not the Joint Meeting. What will become of those minutes from our Joint Meeting? Does that go through a similar process where we have to approve those minutes? Ms. Fountain answered yes. We should have probably brought those to you. I think they are done, but I will have to check on that. We will have that at the next meeting then if we haven't already taken action on them. Chairperson Lawson said it is that group forum, I wasn't sure if you had to have the same forum. Ms. Fountain said we should have you take action on them. Board Member Whitton asked what is going on with Ponto Beach. Ms. Fountain said the only application we currently have in is for the Hilton project that was on the northern end of that. They are still working their application through the process. I think they are hoping to go to hearing within the next few months. I'm not sure exactly what the timing is on that. DESIGN REVIEW BOARD MINUTES JANUARY 26, 2009 PAGE 4 of 4 Board Member Baker asked Ms. Fountain what is before City Council tomorrow night that has to do with the South Coast Redevelopment Plan. Ms. Fountain said tomorrow night has to do with the Power Plant Project, and the Housing and Redevelopment Commission and the City Council are taking action on making a determination that the Power Plant Project is not consistent with a number of different land use regulations; one of them including the South Carlsbad Coastal Redevelopment Plan. That is going directly to the City Council and the Housing and Redevelopment Commission tomorrow night for them to make that determination. Chairperson Lawson said we have had a number of projects over the last year or so that were approved, like the one where the Greek Restaurant is and then the other one that is by the beach parking lot; are those things moving forward still? Ms. Fountain asked Mr. Silva if either one has started their building permit process yet; the Lumiere and the Marriott? Mr. Silva said no, they haven't submitted for a building permit yet. Chairperson Lawson said the reason he was asking was because we went through that process, but given the state of the economy money is tight and lot of them aren't going to be committing themselves. I just wasn't sure if some of them had before it got bad. Mr. Silva said he understands they want to submit their construction drawings sometime in the spring. Ms. Fountain said she thinks Lumiere might have a map. Mr. Van Peski, do you know anything on the Lumiere Project? Mr. Van Peski said we did actually have a conversation with the Engineer for the Lumiere Project last week discussing how the grading plan would look. They are talking about doing some pad grading. There may be a little bit of a delay before they actually start the building of the hotel. ADJOURNMENT By proper motion, the Design Review Board of January 26, 2009, was adjourned at 6:25 p.m. Respectfully submitted, Debbie Fountain Housing and Redevelopment Director PATRICIA CRESCENT! Minutes Clerk March 27, 2009 TO: CITY MANAGER FROM: HOUSING AND REDEVELOPMENT DIRECTOR ROOSEVELT CENTER TENTATIVE TRACT MAP - CT 08-05 Attached for information of the Housing and Redevelopment Commission is a letter I recently forwarded to the developer of the Roosevelt Center project regarding the water meter issue discussed by the Commission at the public hearing on March 17, 2009. Also attached is a letter forwarded by the developer indicating the motivation for the request for a master water meter and sub-meters. The developer wanted to assure the Commission that he and his partners were not trying to work around the process and to share their reasons for the master water meter request. The developer correspondence is attached for the purpose of sharing this additional information. Engineering staff is currently researching information on the operational issue for the master water meter raised by the Commission at their meeting on March 17th, and will report on the findings through a separate report. If there are questions or comments regarding the attached correspondence, please contact me at X2935. ^ DEBBIE FOUNTAIN City Manager/Housing and Redevelopment Commission City Attorney Community Development Director City Engineer Deputy City Engineer Senior Civil Engineer, Development Services Public Works Director City Clerk (for public record) City of Carlsbad Housing & Redevelopment Department March 27, 2009 RICHARD WOOLSEY RICHARD & RICHARD CONSTRUCTION CO. 234 VENTURE STREET, SUITE 100 SAN MARCOS, CA. 92078 RE: 560 CARLSBAD VILLAGE DRIVE (ROOSEVELT CENTER); CT 08-05 Dear Mr. Woolsey: Thank you for your letter dated March 18, 2009 regarding the tentative map approval for the Roosevelt Center development at 560 Carlsbad Village Drive in Carlsbad. As you indicated, at the Housing and Redevelopment Commission meeting on March 17, 2009 there was some concern expressed about a single master water meter and sub-meters and the impact it might have on future owners. The concern, as I understand it, was related to the potential for one or more owners to refuse or not be able to pay his/her water bill and then the obligation for that cost falling on the other owners to ensure continuous water service. A request was made by the Commission for staff to research and provide information on other condominium projects in Carlsbad that have had a similar water service/meter arrangements and share the owner collection/payment experiences to date. Staff is currently researching this information and will present its findings to the Commission when the tentative map for your project is considered again on April 7, 2009. Although an inquiry was made by the Commission as to whether or not, as the developer, you were aware of the requirement for separate water meters for a condominium and now were attempting to work around the requirement by requesting the subject tentative map approval during construction of the project, it is my personal belief that the motivation for, or timing of, your request is no longer a concern or issue among the Commission. As you are aware, Engineering staff confirmed its support for the master water meter and sub-meters with conditions noted in a letter to you dated November 25, 2008. This information was shared with the Commission during the hearing. However, because the separate water meters was indicated as a condition of approval for a future tentative map in your original project approval, the City Attorney indicated that only the Commission, not staff, was authorized to change the condition and now allow the master meter rather than individual water meters. The Commission is considering your request. However, it requested additional information on operational matters related to the water meters before taking action. To ensure that the Commission has all relevant information on this matter, I will share your letter with the Commission members which indicates that your request is based only on limited physical space within the alley to provide 10 individual water meters and the poor economic conditions which are demanding flexibility in your ability to rent or sell the restaurant, retail, office and/or residential units within your development. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2397 • (760) 434-2810/2811 • FAX (760) 720-2037 R. Woolsey March 27, 2009 Page 2 Thank you for your correspondence. If any additional information is required from you to address the Commission's concerns and/or questions, I will contact you again. If you have any additional questions or comments for my office, please contact me at (760) 434-2815. Sincerely, ^_ DEBBIE FOUNTAIN Housing and Redevelopment Director C: City Manager/Housing and Redevelopment Commission City Attorney Community Development Director City Engineer Deputy City Engineer Senior Civil Engineer, Development Services Public Works Director R1 A Vj TCHARD''Coiistructioii; Company, lac. ~ ICHARDR.Commercial. /ndustrw State March 38,2009 Carlsbad Re-development department Attn: Debbie Fountain 2965 Roosevelt Street, Suite B Carlsbad, CA. 92008 Re: 560 Carlsbad Village Drive (Roosevelt Center) Track Map Approval Ms. Debbie Fountain: As you observed yesterday evening at the City Council and Housing and redevelopment Commission Meeting ( AB # 19,749), there was concern over ownership utilizing one city water meter along with individual tenant meters for reason of working around the typical system. As expressed in the design review board meeting and again yesterday evening in the City Counsel meeting, there could be nothing further from the truth. The reasons are: 1 )To give the project versatility do to the crash in the economic conditions and. 2)Physical space within the alley prohibited multiple water meters. It is the intent of the ownership to maintain a minimum of 51% of the real estate and operate and be responsible tor the HOA which will be billed and pay the monthly water usage bills. Please respond to this letter with any assistance or information necessary to help get the track map approved at the next scheduled City Council Meeting. Last night's City Council deferment of this issue could possibly result in our ability to sell the restaurant element and rent the associated retail store which would create financial disaster to this project. Thank You for your assistance and timely response. Richard A. Cc: Tom Hurley Gene Lecher David Wilkinson, Counsel 234 Venture Str*« - Suite 100 - San Marcos - CA 92078 • Phone 760-759-2260 - fax 760-759-2269 (03/17/2009) Lisa Hildabrand- Roosevelt Center Condo Conversion Ct 08-05 Page 1-- •••. .•••. ... .- - ...... ...:..-.:.....; — _ — _^_ ; - ^ - . — _ -- ......... •" "•••• ...... - All Receive-Agenda Item For the Information of the: CITY COUNCIL From: Glen Van Peski To: Lisa Hildabrand Date 5( I "I City Manager CC: Austin Silva; Bob Johnson; David Mauser; Debbie Fountain; Don Neu; ... Date: 03/17/2009 11:51 AM Subject: Roosevelt Center Condo Conversion CT 08-05 Attachments: img-3171231-0001.pdf; DS Policy Directive 2 3-ll-07.doc City Manager - When the Roosevelt Center was originally submitted as a redevelopment permit, Engineering staff gave the developer notice that if they intended to subsequently do a condominium conversion, they would be required to provide separate water meters for each airspace unit. The developer said they did not intend to make the units condominiums. Engineering staff placed special condition 51 on DRB Resolution 322, approved March 29, 2007, that reads: 777/5 approval Is based upon the understanding that subdivision of the subject property Is not planned or anticipated. Should the property be subsequently subdivided and made available for separate ownership, Developer shall install separate water services and meters for each unit available for separate ownership, subject to the approval of the City Engineer. On August 11, 2008, the developer applied for a tentative map for condominium purposes. Engineering staff informed the developer that the tentative map would be conditioned to provide separate water meters for each condominium unit. On September 25, 2008 the developer submitted a letter, indicating that "...construction of the building has passed a point in which adding the meters would be cost effective", and requesting a waiver per The developer indicated at the January 26, 2009 DRB/PC hearing that the original plan had been to hold the property and lease the units, but with the current economy, their $5.8 million construction loan and $7 million needed to make them whole, they needed to get more flexible with their ability to sell or lease the project. Their request was reviewed in accordance with Development Services Policy Directive 2, and on November 25, 2008 the request was granted, subject to conditions including submetering, by Deputy City Engineer David Mauser. The building plumbing has been installed for each unit to have a separate submeter. I have attached for reference: Portion of DRB Reso 322 showing condition 51 September 25, 2008 letter from Richard & Richard Construction requesting the waiver of separate water meters November 25, 2008 conditional approval of the separate water meter requirement by Deputy City Engineer David Hauser Development Services Policy Directive 2 Please contact me if you have any further questions. Glen K. Van Peski, P.E. Senior Civil Engineer - Development Services City of Carlsbad gvanp@ci.carlsbad.ca.us (760) 602-2783 ph (direct line) 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 46. 47. 48. 49. o considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the site plan. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the development site plan to the satisfaction of the District Engineer. ••" • Note(s) to the following effect(s) shall be placed as non-mapping data: All improvements are privately owned and are to be privately maintained with the exception of the following: a.-, -Public storm drain b/. Sidewalk 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 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. 50.Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Special Conditions . ' ' This'approval is based upon the understanding that subdivision of the subject property is' not planned or anticipated. Should the property be subsequently subdivided and made available for separate ownership, Developer shall install separate water services and meters for each unit available for separate ownership, subject to the approval of the City Engineer. • *• 52. Prior to building permit Developer shall replace the existing electrical box lid within the sidewalk along the southerly project frontage on Roosevelt Street to current standards, with a slip resistant lid to the satisfaction of the City Engineer, 53. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the development site plan 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. Code Reminder 54. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued, including but not limited to DRBRESONO, 322 -14- u Construction Company, Inc. Commercial • Residential • Design Build September 25, 2008 Attn: City Engineer City of Carlsbad RE: Roosevelt Center CT 08-05/RP06-03A/CDP06-09A We are requesting a waiver for Development Services Policy Directive No. 2: Stating that a separate water service be provided to each separate ownership unit. The subdivision within the building has been changed, and construction of the building has passed a point in which adding the meters would be cost effective. Cost to install separate meters for each unit would be substantial at this point. \ Thank you in advance for your consideration to our request. Sincerely, Richard A. Woojsey President 234 Venture Street • Suite 100 • San Marcos • CA 92078 • Phone 760-759-2260 • Fax 760-759-2269 o o City of Carlsbad ^f ^•^•••••••^•^•••^•^••^••••'••^•^••^••••••••^••••MPublic Works — Engineering November 25,2008 Mr. Richard Woolsey Richard & Richard Construction Company, Inc 234 Venture Street Suite 100 San Marcos, CA 92078 SUBJECT: CT 08-05 ROOSEVELT CENTER REQUEST FOR WAIVER OF DEVELOPMENT SERVICES POLICY DIRECTIVE NO. 2 Engineering Services reviewed your request for a waiver of Policy Directive No. 2 dated September 25, 2008, requirement for a separate water service and meter to each individually owned unit. A waiver has been granted subject to the following conditions: a) A sub-meter shall be installed for each individually owned unit. The sub- meters shall be privately owned and maintained by the Property Owners Association (POA). It shall be the responsibility of the POA to apportion the water bill to the separate sub-metered ownership within each building served by a City water meter. b) Prior to sale of any unit, the owner shall create an impound account to be funded with an amount equal to an estimated three months of water bill payments. c) Owners and tenants of the units shall be notified that the City may shutoff water service to the entire building if adequate payment of the water bill is not made d) The project CC&R's shall include wording satisfactory to the City Engineer relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also include language stating that the CC&R provisions related to water meters cannot be changed without the approval of the City Engineer. If you have further questions or comments regarding this matter, please feel free to write or give me a call at (760) 602-2739. David Hauser Deputy City Engineer Development Services c Bob Johnson, Acting City Engineer Glen Van Peski, Senior Civil Engineer, Development Services 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 6O2-2720 • FAX (760) 602-856S February 11, 2007 To: Development Services Division Staff From: Deputy City Engineer, Development Services Development Services Policy Directive No.2 Affecting: Provision of water services to multi-ownership residential, commercial and industrial structures within the Carlsbad Municipal Water District. Directive: A separate water service shall be provided to each separate ownership unit within any proposed building structure unless specifically approved otherwise by the District Engineer or his/her designated representative. This shall apply to new building construction and condominium conversions. Justification and Amplification: In 1989, actions were taken to combine the Costa Real Municipal Water District (CRMWD) and the City of Carlsbad Water District (CWD) into one water district subsidiary to the City of Carlsbad, the Carlsbad Municipal Water District (CMWD). Although the combining of districts took place many years ago, follow-up actions to combine and clean up differences in the City's water codes and policies with the prior district water ordinances and policies did not take place. With specific reference to the provision of water service to properties with multiple ownership buildings and/or and multi-leasehold structures City Code and CRMWD Ordinances included slightly differing provisions requiring separate services to each use or ownership of a structure. The application and use of the existing provisions was not uniformly or consistently enforced by CWD or CRWD. Complicating matters, the ordinance section requiring the provision of separate water services in the CRMWD ordinances was inadvertently eliminated with the adoption of a later ordinance. With the formation of the CMWD, existing City water codes essentially became unenforceable with regards to CMWD facilities. The City is currently in the process of clearing up this code related problem. This directive is designed to bridge the gap until the CMWD ordinances are appropriately updated and to ensure that water services are provided in a consistent and proper manner for the benefit of the City and its subsidiary water district customers. In the past couple years, the number and variety of multi-use and multi-ownership commercial and industrial developments has risen dramatically. More and more requests are being made to create industrial and commercial condominium units whether by new construction or conversion of existing structures. New and varied types of residential condominium projects are also being requested including senior living units and senior residential care facilities. With this upsurge in variety and number of non-residential condominium permit applications, the prior codes and policies used by the City and CRMWD are in need of updating. The goal of the City and CMWD is to provide water services in the most efficient, effective and cost effective manner for the City, CMWD and its water service customers. The City and CMWD staff identified two major issues relating to the provision of water services to structures that contain multiple ownership units. The first of these issues involve billing for water services. When a single water service is provided to a structure with multiple owners, the water bill is paid by one entity (owner's association or property manager). If one or more of the building tenants (or owners) fails to pay their share of the water bill, the paying party will sometimes hold up payment of the water bill to the City. If the matter is not resolved quickly among the owners, the City is required to shut off the water to the entire structure causing problems for all the owners. The owners who paid their share of the water bill to the paying party, then call to complain placing the City in a difficult position to defend its actions. The second issue with the provision of water services to multiple ownership structures involves enforcement of water conservation policies. Single water services to separate ownership units within a building helps to ensure water conservation. If an individual unit owner has a faucet leak or is purposely wasteful of water, the responsible owner pays the consequence through higher monthly water service charges. When a unit owner in a multiple ownership structure has a water leak or is purposefully wasteful of water, the cost is spread across the other water service charges paid collectively by all owners and there is less likelihood the leak will be spotted or the wasteful practice corrected. The City and CMWD recognize the need to provide flexibility in the application of this directive. For that reason, the directive includes a provision for allowing use of a single water service to a multi-ownership structure. The criteria for waiving the requirement for separate water services by the District Engineer or his/her designated representative includes such things as financial hardship, impracticability of installation and application of certain state regulations regarding the provision of utilities to certain senior living accommodations. In cases of such waiver, the District Engineer and/or his/her designated representative shall require recordation of a deed restriction or other such document as approved by the District Engineer and the City Attorney placing future unit owner's on notice that each and every building on the property is served by a single water service. In addition the document will state something to the effect that in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to the City for the respective building/structure occupied by the owner (or owners tenant), the City may at its discretion shut off the water service to such building/structure, in accordance with required City codes, policies and practices regardless of whether or not the individual tenant/owner paid their fair share of the water bill to the responsible paying party/entity. The CC&R's for the multi-ownership project shall include provisions for establishment of an appropriate reserve fund for payment of the water service charges in the event one or more of the owners is unable to make payment of their share of the water service charges. The waiver provisions of this directive apply only to the provision of water services to ownership partitioning of individual structures/buildings. Even in the event a waiver is granted, a separate water service is required to serve each separate building or structure located on a single property. David Mauser Deputy City Engineer Development Services c Public Works Director Acting Deputy Public Works Director, Engineering Services Deputy Public Works Director, Operations Deputy City Engineer, Construction Management and Inspection Deputy City Attorney, Ronald Kemp Senior Building Inspector, Mike Peterson April 7, 2009 DATE CITY ATTORNEY TO: HOUSING.AND REDEVELOPMENT COMMISSION FOR THE INFORMATION OF THE CITY COUNCIL FROM: CITY ATTORNEY RE: ITEM NO. 8 - ROOSEVELT CENTER CONDO CONVERSION PROJECT In its letter to the Carlsbad Redevelopment Commission dated March 18, 2009, the developer represented that it is the intent of the ownership to maintain a minimum of 51% of the real estate and operate and be responsible for the HOA which will be billed and pay the monthly water usage bills. Based on this representation, I suggest the Commission add a condition if it approves the Major Redevelopment Permit, Resolution No. 465 as follows: Utilities 5(D) - "That the project CC&R's shall include the requirement that the developer/owner shall retain a minimum of 51% of the real estate and shall operate and be responsible for the property owners association which shall be responsible for and shall pay the monthly water usage bills." Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL General Counsel rn c: City Clerk Executive Director Deputy City Manager Public Works Director Housing and Redevelopment Director Senior Civil Engineer, Glen Van Peski All Receive-Agenda Item # £ For the Information of the: CITY COUNCIL Asst. f"1™ rA "^ Date..City Manager. MAR -5 0 2009 CITY OF CARLSBAD CITY CLERK'S OFFICE March 31,2009 TO: CITY MANAGER PUBLIC WORKS DIRECTOR CITY ENGINEER FROM: Senior Civil Engineer, Development Services VIA: Deputy City Engineer, Planning and Programs RE: Water Services to Multi-Ownership Structures WATER SERVICES TO MULTI-OWNERSHIP STRUCTURES On March 10, 2009, the Housing and Redevelopment Commission reviewed an application for a tentative map for a project known as the Roosevelt Center (CT 08-05) located jn -the Village Redevelopment Area. During its discussion on the application, the Commission expressed some operational concerns regarding the project's proposal for a master water meter and submeters. The Commission requested additional information on this issue before proceeding with action on the subject application. Staff has researched the matter and is providing its findings within this supplemental report/memorandum for the Commission's review and consideration. BACKGROUND There are currently reference inconsistencies and/or differences between the Carlsbad Municipal Code and the Carlsbad Municipal Water District (CMWD) Code regarding the provision of water service to structures having multiple ownerships. Some of these differences stem from the 1989 action combining the Costa Real Municipal Water District (CRMWD) and the Carlsbad Water District (CWD). There are pending revisions to the CMWD ordinances to update the ordinances and make them consistent. In the meantime, Engineering Staff utilizes Development Services Policy Directive No. 2 related to procedure and standards for providing water services to multi-ownership structures. Directive No. 2 states that "/A separate water service shall be provided to each separate ownership unit within any proposed building structure unless specifically approved otherwise by the District Engineer or his/her designated representative. This shall apply to new building construction and condominium conversions." The criteria for not requiring separate water meters includes such things as financial hardship, impracticability of installation and application of certain state regulations regarding the provision of utilities to certain senior living accommodations. In cases where the waiver is granted, the City Engineer or his/her designated representative has the option of requiring private submeters. Water Services to Multi-ownership Structures March 31,2009 Page 2 Engineering Development Services applied this directive in developing its recommendation for r- . the Roosevelt Center Tentative Map which would allow the developer to utilize a master water meter and submeters, rather than separately metering each ownership unit as originally set forth as a condition of the original project approval. I ISSUE STATEMENTS i ; The two major issues with water meters associated with multi-ownership are billing and water ! conservation. When one meter serves multiple ownership units, the water bill is paid by a single entity, typically an owners association or property manager. If one of the owners doesn't pay their portion, the other owners need to make up the difference. If the aggregate bill is not paid in full, the District will shut off water to the entire structure, affecting owners who have paid their portion of the bill. To help mitigate this situation, in cases where individual water meters have not been required , the developers are required to 1) record a notice to future buyers that their water may be shut off for non-payment of the overall water bill, even if their individual bill has been paid; and 2) to establish a water bill reserve fund, paid from homeowner's fees, equal to three months of the average water bill amount to accommodate payment of the water bill while the owner's association pursues payment from the delinquent homeowner. The second issue is enforcement of water conservation policies. Without individual meters, unit owners may be forced to pay more for water because one owner wastes water, pushing the structure into a higher water payment tier rate. When one unit owner has a water leak, the cost is spread across the entire structure, and there is less likelihood the leak will be identified. To mitigate for this situation, in cases where individual public water meters have not been required, the City Engineer requires submeters be installed on the individual units. HOW SUBMETERING WORKS When submeters are required for a unit, the submeters are installed when the project plumbing is constructed. Meters are installed in the individual water services to each unit. The three different kinds of submeters are: • Manual Read Meters - where meters are in a location allowing visual reading • Encoder Meters - used where meters must be installed out of reach or eyesight, encoder meters are wired to a reading pad device in an accessible area. • Wireless/Radio Meters - where appropriate, wireless systems use state-of-the-art technologies and software to transmit meter readings to the submeter company via the internet or a dedicated phone line. The owners association, through the property management company, hires a submeter company to read the submeters and send bills to the individual owners. The owners are billed for their water usage at the same rate that the District charges, plus a service fee for the submeter company. Owners pay their bills directly to the submeter company. The submeter company sends an accounting together with the collected funds directly to the property manager, who then pays the water bill to the District. Water Services to Multi-ownership Structures March 31, 2009 PageS BENEFITS OF SUBMETERS Submeters allow the City/District to meet the goal of providing water services in the most efficient, effective and cost-effective manner. Instead of having to read individual unit meters, District staff only has to read one meter per building, but since each owner is still getting an individual bill for their usage, they have incentive to conserve. For instance, on the Valencia condominium project in Rancho Carrillo, there are 169 individual units, but District staff only reads 17 water meters. The individual owners receive bills from California Submeters. The District water bills are paid by The Prescott Companies, the property manager. SUBMETERING IN CARLSBAD There are a number of projects in Carlsbad that currently have submeters. Table 1 lists some of these projects. A discussion with the water billing department uncovered no history of any billing issues with any projects involving submeters. From discussions with submeter companies, surrounding municipalities and water districts, it appears that submetering is allowed in other North County communities, including Oceanside, Vista, San Marcos and Escondido. Table 1. Carlsbad Projects with Submeters Project Name Rancho Carlsbad Camino Hills Valencia at Rancho Carrillo Brindisi Serrano at Rancho Carrillo Bluwater/Poinsettia Commons Project ID CT 83-25 CT 98-03 CT97-17 CT98-15 CT 04-01 No. of Units 504 112 169 90 124 66 Year Built 1980 1988 2000 2001 2001 2008 SUMMARY The number and variety of multi-use and multi-ownership commercial and industrial developments has risen dramatically in recent years. In particular, the City is receiving more requests to create industrial and commercial condominium units, either by new construction or conversion of existing structures. New types of residential condominium projects are also being proposed, including senior living units and senior residential care facilities. The framework provided by Development Services Policy Directive No. 2 allows staff flexibility in addressing these projects' need for water services while maintaining the District and City conservation goals. In practice, there is no indication of any billing issues to date as a result of submeters. All Receive For the Information of the: CITY COUNCIL March 27, 2009 Asst. CM___CA_^lCC Dat^QCity Manager TO: CITY MANAGER FROM: HOUSING AND REDEVELOPMENT DIRECTOR ROOSEVELT CENTER TENTATIVE TRACT MAP - CT 08-05 Attached for information of the Housing and Redevelopment Commission is a letter I recently forwarded to the developer of the Roosevelt Center project regarding the water meter issue discussed by the Commission at the public hearing on March 17, 2009. Also attached is a letter forwarded by the developer indicating the motivation for the request for a master water meter and sub-meters. The developer wanted to assure the Commission that he and his partners were not trying to work around the process and to share their reasons for the master water meter request. The developer correspondence is attached for the purpose of sharing this additional information. A copy of the Engineering staffs correspondence to the developer indicating its support for the master water meter with conditions is attached for information purposes as well. Engineering staff is currently researching information on the operational issue for the master water meter raised by the Commission at their meeting on March 17th, and will report on the findings through a separate report. If there are questions or comments regarding the attached correspondence, please contact me at X2935. ilE FOUNTAIN City Manager/Housing and Redevelopment Commission y City Attorney Community Development Director City Engineer Deputy City Engineer Senior Civil Engineer, Development Services Public Works Director City of Carlsbad Housing & Redevelopment Department March 27, 2009 RICHARD WOOLSEY RICHARD & RICHARD CONSTRUCTION CO. 234 VENTURE STREET, SUITE 100 SAN MARCOS, CA. 92078 RE: 560 CARLSBAD VILLAGE DRIVE (ROOSEVELT CENTER); CT 08-05 Dear Mr. Woolsey: Thank you for your letter dated March 18, 2009 regarding the tentative map approval for the Roosevelt Center development at 560 Carlsbad Village Drive in Carlsbad. As you indicated, at the Housing and Redevelopment Commission meeting on March 17, 2009 there was some concern expressed about a single master water meter and sub-meters and the impact it might have on future owners. The concern, as I understand it, was related to the potential for one or more owners to refuse or not be able to pay his/her water bill and then the obligation for that cost falling on the other owners to ensure continuous water service. A request was made by the Commission for staff to research and provide information on other condominium projects in Carlsbad that have had a similar water service/meter arrangements and share the owner collection/payment experiences to date. Staff is currently researching this information and will present its findings to the Commission when the tentative map for your project is considered again on April 7, 2009. Although an inquiry was made by the Commission as to whether or not, as the developer, you were aware of the requirement for separate water meters for a condominium and now were attempting to work around the requirement by requesting the subject tentative map approval during construction of the project, it is my personal belief that the motivation for, or timing of, your request is no longer a concern or issue among the Commission. As you are aware, Engineering staff confirmed its support for the master water meter and sub-meters with conditions noted in a letter to you dated November 25, 2008. This information was shared with the Commission during the hearing. However, because the separate water meters was indicated as a condition of approval for a future tentative map in your original project approval, the City Attorney indicated that only the Commission, not staff, was authorized to change the condition and now allow the master meter rather than individual water meters. The Commission is considering your request. However, it requested additional information on operational matters related to the water meters before taking action. To ensure that the Commission has all relevant information on this matter, I will share your letter with the Commission members which indicates that your request is based only on limited physical space within the alley to provide 10 individual water meters and the poor economic conditions which are demanding flexibility in your ability to rent or sell the restaurant, retail, office and/or residential units within your development. I will also provide them with a copy of the Engineering Staff letter outlining its conditions for support of the single master water meter with sub-meters. 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2397 • (760) 434-2810/2811 • FAX (760) 720-2037 R. Woolsey March 27, 2009 Page 2 Thank you for your correspondence. If any additional information is required from you to address the Commission's concerns and/or questions, I will contact you again. If you have any additional questions or comments for my office, please contact me at (760) 434-2815. Sincerely, DEBBIE FOUNTAIN Housing and Redevelopment Director C: City Manager/Housing and Redevelopment Commission City Attorney Community Development Director City Engineer Deputy City Engineer Senior Civil Engineer, Development Services Public Works Director RICHARD ICHARD Commercial. Industrial. State License March 18,2009 Carlsbad Re-development department Attn: Debbie Fountain 2965 Roosevelt Street, Suite B Carlsbad, CA. 92008 Re: 560 Carlsbad Village Drive (Roosevelt Center) Track Map Approval Ms. Debbie Fountain: As you observed yesterday evening at the City Council and Housing and redevelopment Commission Meeting ( AB # 19,749), there was concern over ownership utilizing one city water meter along with individual tenant meters for reason of working around the typical system. As expressed in the design review board meeting and again yesterday evening in. the City Counsel meeting, there could be nothing further from the truth. The reasons are: 1 )To give the project versatility do to the crash in the economic conditions and. 2)Physical space within the alley prohibited multiple water meters. It is the intent of the ownership to maintain a minimum of 51% of the real estate and operate and be responsible for the HOA which will be billed and pay the monthly water usage bills. Please respond to this letter with any assistance or information necessary to help get the track map approved at the next scheduled City Council Meeting. Last night's City Council deferment of this issue could possibly result in our ability to sell the restaurant element and rent the associated retail store which would create financial disaster to this project. Thank You for your assistance and timely response. Richard A. W^olsey. '£tfM Cc: Tom Hurley Gene Lecher David Wilkinsfon, Counsel 234 Venture Street • Suite 100 - San Marcos - CA 92078 • Phone 760-759-2260 • Fax 760-759-2269 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, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This OfVdayof March, 20C NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE IS HEREBY GIVEN that theRedevelopment Commission of the Ci"'ld a P1200 in the Citye Drive. CE.y. MarchT< will holbers, 1200 uansoaa vil nia, at 6:00 PM on Tconsider approval of a requeMap and an amendment toPermit (RP 06-03) and Coast(CDP 06-09) to allow the con _____________ ,mixed-use development project into 10 condominiumunits with 3 commercial units, 5 office units. 2 resi-dential units on the property located at 560 CarlsbadVillage Drive (APN: 203-292-22) in Land Use District1 of the Carlsbad village Redevelopment Area.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 andRedevelopment Department at (760) 434-2813 Youmay also provide your comments in writing to theHousing and Redevelopment Department at 2965Roosevelt Street, Suite B, Carlsbad, CA 92008.As a result of the environmental review under the Cal-ifornia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City olCarlsbad, the Housing & Redevelopment Departmenthas determined that the project is categorically ex-empt from the requirement for preparation of environ-mental documents pursuant to Section 1 5332 of theState CEQA Guidelines as an infill developmentproject. The Housing and Redevelopment Commis-sion will be considering recommending approval < 'the environmental determination during the publihearing.If you challenge the Tentative Tract Map, Major Re-development Permit Amendment or Coastal Develment Permit Amendment in court, you may be lim_ _to raising only those issues you or someone elseraised at the public hearing described in this notice orin written correspondence delivered to the City ofCarlsbad at or prior to the public hearing. CASE FILE NO.: .CASE NAME: RCONVERSION OP 06-09AER CONDO 2009 NCT 2200825 EVELOPMENT COMMISSION \ 203-292-O2 CURRENT RESIDENT 2978 STATE ST CARLSBAD, CA 92008 203-292-04 CURRENT RESIDENT 2956 STATE ST -5 CARLSBAD, CA 92008 203-292-O5 CURRENT RESIDENT 2946 STATE ST CARLSBAD, CA 92008 203-292-17 CURRENT RESIDENT 560 CARLSBAD VILLAGEDR -62 CARLSBAD, CA 92008 203-292-18 CURRENT RESIDENT 570 CARLSBAD VILLAGEDR -94 CARLSBAD, CA 92008 203-292-19 CURRENT RESIDENT 560 CARLSBAD VILLAGEDR CARLSBAD, CA 92008 203-292-21 CURRENT RESIDENT 2965 ROOSEVELT ST CARLSBAD, CA 92008 203-297-01 CURRENT RESIDENT 539 CARLSBAD VILLAGEDR 201 CARLSBAD, CA 92008 203-297-02 CURRENT RESIDENT 525 CARLSBAD VILLAGEDR -31 CARLSBAD, CA 92008 203-304-05 CURRENT RESIDENT 2936 ROOSEVELT ST -4 CARLSBAD, CA 92008 203-304-09 CURRENT RESIDENT 2992 ROOSEVELT ST CARLSBAD, CA 92008 203-304-20 CURRENT RESIDENT ROOSEVELT ST CARLSBAD, CA 92008 203-304-27 CURRENT RESIDENT 2956 ROOSEVELT ST CARLSBAD, CA 92008 203-306-01 CURRENT RESIDENT 561 CARLSBAD VILLAGEDR CARLSBAD, CA 92008 203-306-02 CURRENT RESIDENT 563 CARLSBAD VILLAGEDR -75 CARLSBAD, CA 92008 *** 15 Printed **'• 203-181-04 DEWHURST FAMILY 3425 SEACREST DR CARLSBAD, CA 92008 203-181-05 CARLSBAD VILLAGE THREATRE LLC 4028 PARK DR CARLSBAD, CA 92008 203-181-07 DEWHURST 3425 SEACREST DR CARLSBAD, CA 92008 203-181-12 BENCHMARK PACIFIC LTD II550 LACUNA DR BCARLSBAD, CA 92008 203-182-04 ROOSEVELT TAMARACK INVESTMENTS L 6 VENTURE 215 IRVINE, CA 92618 203-291-01 BENCHMARK PACIFIC LTD II 550 LACUNA DR B CARLSBAD, CA 92008 203-291-02 ESTER AHRONEE 4440 GATHER AVE SAN DIEGO, CA 92122 203-291-03 MACDONALD PROPERTIES L 2016 SHERIDAN RD ENCINITAS, CA 92024 203-292-01 VILLAGE CORNER LLC 2998 STATE ST CARLSBAD, CA 92008 203-292-02 VILLAGE CORNER LLC 2998 STATE ST CARLSBAD, CA 92008 203-292-03 ABEL C GARCIA 2960 STATE ST -7 CARLSBAD, CA 92008 203-292-04 ABEL C GARCIA 1502 ROLLING HILLS DR OCEANSIDE, CA 92056 203-292-05 LEO & DIANNA PACHECO 2100 CHESTNUT AVE CARLSBAD, CA 92008 203-292-06 DOUGLAS M & LORI AVIS 550 LACUNA DR B CARLSBAD, CA 92008 203-292-07 MISSION SQUARE SHOPPING CENTER E 1691 CAMINITO ALIVIADO LA JOLLA, CA 92037 203-292-09 MARVIN S HUMPHREYS 140 ACACIA AVE CARLSBAD, CA 92008 203-292-10 2921 ROOSEVELT LTD CALIFORNIA BU 7040 AVENIDA ENCINAS 104-1 CARLSBAD, CA 92011 203-292-11 CLARK R & SHELLEY KNAPP 215 W PALM ST SAN DIEGO, CA 92103 203-292-18 GUNTER PO BOX 749 SAN PEDRO, CA 90733 203-292-21 HYLEN 5146 CHELTERHAM TER SAN DIEGO, CA 92130 203-292-22 THOMAS HURLEY 1015 CHESTNUT AVE F2 CARLSBAD, CA 92008 203-293-01 ALL AMERICAN ENGINEERING & TRADI 721 MCGAVRAN DR VISTA, CA 92081 203-293-04 LEOR & CPHIRA LAKRITZ PO BOX 1029 TUSTIN, CA 92781 203-293-05 LEOR & OPHIRA LAKRITZ PO BOX 1029 TUSTIN, CA 92781 203-293-06 LEOR & OPHIRA LAKRITZ PO BOX 1029 TUSTIN, CA 92781 203-293-08 LEOR & OPHIRA LAKRITZ PO BOX 1029 TUSTIN, CA 92781 203-293-09 LEOR & OPHIRA LAKRITZ PO BOX 1029 TUSTIN, CA 92781 203-293-10 LEOR & OPHIRA LAKRITZ PO BOX 1029 TUSTIN, CA 92781 203-294-01 SATTERLY 909 ROSEMARY AVE CARLSBAD, CA 92011 203-296-05 EUGENE.H SIEGEL 5553 TRINITY WAY SAN DIEGO, CA 92120 203-296-06 BAUMGARTNER PO BOX 1333 NEWPORT BEACH, CA 92659 203-296-07 BUTLER PROPERTIES L L C 1261 LINDA VISTA DR SAN MARCOS, CA 92078 203-296-08 BILL F & LAURAL RYBURN 2019 ESTERO ST OCEANSIDE, CA 92054 203-296-11 THOMAS D & LUCINDA VIGNE 3880 HIBISCUS CIR CARLSBAD, CA 92008 203-297-01 GEORGE R & JACKYE WILLIS 2050 LAURIE CIR CARLSBAD, CA 92008 203-297-02 ROSE M VANDYKE 27932 PASEO TORTUGA SAN JUAN CAPI, CA 92675 203-297-03 JERRY PETERS PO BOX 1091 CARDIFF BY TH, CA 92007 203-297-04 3044 STATE STREET L L C 539 CARLSBAD VILLAGE DR 100 CARLSBAD, CA 92008 203-297-05 KATHLEEN M CLARK 3060 STATE ST CARLSBAD, CA 92008 203-297-06 3068 STATE STREET LLC 539 CARLSBAD VILLAGE DR 100 CARLSBAD, CA 92008 203-297-08 3068 STATE STREET LLC 539 CARLSBAD VILLAGE DR 100 CARLSBAD, CA 92008 203-297-09 3068 STATE STREET LLC 539 CARLSBAD VILLAGE DR 100 CARLSBAD, CA 92008 203-301-05 MICHAEL K MURPHY 630 GRAND AVE I CARLSBAD, CA 92008 203-302-01 MICHAEL K MURPHY 630 GRAND AVE I CARLSBAD, CA 92008 203-303-21 PACKARD BUILDING PARTNERSHIP ETA 725 GRAND AVE CARLSBAD, CA 92008 203-303-24 CHIN & YU TSAI 2958 MADISON ST CARLSBAD, CA 92008 203-303-26 MCMILLIN CARLSBAD INVESTORS L L 2727 HOOVER AVE NATIONAL CITY, CA 91950 203-304-01 VERMILYEA GSD 11620 KISMET RD SAN DIEGO, CA 92128 203-304-16 GORDON PO BOX 130065 CARLSBAD, CA 92013 203-304-17 GREAT WESTERN BANK PO BOX 4900 SCOTTSDALE, AZ 85261 203-304-18 GREAT WESTERN BANK PO BOX 4900 SCOTTSDALE, AZ 85261 203-304-19 GREAT WESTERN BANK PO BOX 4900 SCOTTSDALE, AZ 85261 203-304-26 PARKER 560 HIGHLAND DR DANVILLE, CA 94526 203-304-27 WALKER-GILBERT 4350 HIGHLAND DR CARLSBAD, CA 92008 203-304-29 M & M G PO BOX 1667 CARLSBAD, CA 92018 203-304-30 PAUL & TERI RAPPAPORT 1460 RAVEAN CT ENCINITAS, CA 92024 203-304-31 PARKER 3215 MAEZEL LN CARLSBAD, CA 92008 203-305-09 NOBEL 6435 CAMINITO BLYTHEFIELD C LA JOLLA, CA 92037 203-305-10 MCCOMAS 1265 CYNTHIA LN CARLSBAD, CA 92008 203-305-11 MICHAEL K GUSKY 14645 DASH WAY POWAY, CA 92064 203-305-1.2 IRIS P KORNBERG 10880 WILTSHIRE BLVD 1840 LOS ANGELES, CA 90024 203-305-13 SECURITY PACIFIC NATIONAL BANK L 300 LAKESIDE DR OAKLAND, CA 94612 203-305-14 SHERYL F BULLOCK 300 LAKESIDE DR 8 OAKLAND, CA 94612 203-305-15 BANK OF AMERICA NT & SA 101 N TRYON ST -03-8 CHARLOTTE, NC 28255 203-305-16 MARGUERITE MONTALBANO 101 N TRYON ST -03-8 CHARLOTTE, NC 28255 203-306-01 SIMS 2820 WILSON ST CARLSBAD, CA 92008 203-306-02 CARLSBAD VILLAGE PARTNERS L L C 3303 LILAC SMT ENCINITAS, CA 92024 203-306-06 SARA C TERAN 305 DATE AVE CARLSBAD, CA 92008 203-306-07 SARA C TERAN 305 DATE AVE CARLSBAD, CA 92008 203-306-09 ILARIO & MARIE MANNO 3067 ROOSEVELT ST CARLSBAD, CA 92008 203-306-10 RUSSELL L BENNETT PO BOX 356 SOLANA BEACH, CA 92075 203-306-11 RUSSELL L BENNETT PO BOX 356 SOLANA BEACH, CA 92075 203-306-12 CARLSBAD VILLAGE PARTNERS L L C 3303 LILAC SMT ENCINITAS, CA 92024 203-351-03 NORTH COUNTY HEALTH PROJECT 150 VALPREDA RD SAN MARCOS, CA 92069 INC 203-351-16 E H S ENTERPRISES L L C 5553 TRINITY WAY SAN DIEGO, CA 92120 203-351-18 KFC NATIONAL MANAGEMENT CO PO BOX 35370 LOUISVILLE, KY 40232 203-351-21 DAVID C & BARBARA BOUTELLE 4939 RANCHO VIEJO DR DEL MAR, CA 92014 204-010-16 THOMAS D & LUCINDA VIGNE 3880 HIBISCUS CIR CARLSBAD, CA 92008 204-085-01 BOYS & GIRLS CLUB OF CARLSBAD PO BOX 913 CARLSBAD, CA 92018 *** 79 Printed *** Roosevelt Center Condo Conversion Housing and Redevelopment Commission April 7, 2009 Location Map SITE Subject Property Carlsbad Village Drive Roosevelt Street Property to the East Property to the West Property to the North Properties to the South Project Summary Project approved on July 10, 2007 by the Housing & Redevelopment Commission Participated in the Parking In-Lieu Fee program for 62 spaces for retail, restaurant, and office space. Residential parking located on-site. 3,554 square feet of restaurant space 1,353 square feet of retail space 6,481 square feet of office space 2 residential apartments Construction of building is complete Project Proposal Request for a Tentative Tract Map and amendment to Redevelopment Permit and Coastal Development Permit. Conversion of mixed-use development project into 10 separate ownership condominiums 3 commercial units 5 office units 2 residential units CEQA & Economic Impact Exempt from CEQA-classified as an infill development project per Section 15332 of CEQA guidelines Design Review Board Recommendation DRB voted in favor 5-0 recommending approval of project (CT 08-05/RP 06-03A/CDP 06-09A)