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HomeMy WebLinkAbout2014-05-20; City Council; 21602; Laguna Condos Extension RP 06-01X1CITY OF CARLSBAD - AGENDA BILL 11 AB# 21,602 LAGUNA CONDOS EXTENSION RP 06-01X1 DEPT. DIREaOR MTG. 5/20/U LAGUNA CONDOS EXTENSION RP 06-01X1 CITY ATTORNEY r-lfT DEPT. CED LAGUNA CONDOS EXTENSION RP 06-01X1 CITY MANAGER {/ ^ RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2014-097 APPROVING a retroactive extension of Major Redevelopment Permit RP 06-01 for the construction of a three-story, five unit condominium project on a .31 acre property located at 735 Laguna Drive on the southeast corner of Laguna Drive and Madison Street in District 8 of the Village Review (V-R) Zone and in Local Facilities Management Zone 1 including a variance for a reduction in driveway width as previously approved by the Housing and Redevelopment Commission. ITEM EXPLANATION: The subject Major Redevelopment Permit for this project was previously granted automatic extensions by the way of Senate Bill 1185, Assembly Bill 208, and Assembly Bill 333. These three state bills automatically extended the tentative map (CT 06-01) that was associated with this Major Redevelopment Permit. Pursuant to Chapter 21.58.030 of the Carlsbad Municipal Code, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The automatic extensions extended the expiration date for both the tentative map and Major Review Permit to January 16, 2014. The tentative map is not being brought forward for an extension because it was finaled on March 15, 2011. There is no recommendation from the Planning Commission for this extension as the extension request goes straight to the City Council pursuant to Chapter 7 (page 198) of the Carlsbad Village Master Plan and Design Manual. On January 16, 2007, the Housing and Redevelopment Commission approved a Major Redevelopment Permit for Laguna Condos, a three-story, five-unit condominium project with a variance for a reduction in driveway width from 24 feet to 20 feet in District 8 of the Village Review Zone. The .31 acre site currently contains a one-story, single-family residence which will be demolished to accommodate future construction. The site is bordered mostly by single-family residences, with the exception of multi-family residences on Madison Street to the west. The previously approved project involves the construction of a three-story, 21,022 square foot building containing five condominium units. The building incorporates several desirable design elements to achieve the desired Village character including wood Bahama shutters, stone veneer, decorative metal balcony railings, wood columns, exposed rafter tails and varied roof forms with a 6:12 pitch. The original Design Review Board Resolution No. 315 and the approving Housing and Redevelopment Commission Resolution No. 433 along with reduced project exhibits, and the related minutes are attached for the Council's review. DEPARTMENT CONTACT: Austin Silva 760-602-4631 austin.silvaOcarlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED 'D CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The approved Major Redevelopment Permit expired on January 16, 2014 and the applicant was not able to obtain building permits by said date. Prior to expiration of the permits, the applicant filed an application on January 9, 2014 requesting a time extension to allow for an additional two years to file and receive the appropriate building permits for said project. Staff is recommending approval of the extension request. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax. In addition, it is anticipated that the project will serve as a catalyst for other improvements in the area, either through new development or rehabilitation of existing buildings. ENVIRONMENTAL IMPACT: Environmental review of the project was completed pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by adequate facilities. The finding to approve this environmental determination was set forth in Housing & Redevelopment Commission Resolution No. 433. EXHIBITS: 1. City Council Resolution No. 2014-097 2. Location Map 3. Housing and Redevelopment Commission Resolution No. 433 approving RP 06-01 4. Design Review Board Resolution No. 315 dated November 13, 2006 5. Housing and Redevelopment Commission minutes dated January 16, 2007 6. 8/2" X 11" reduced exhibits of proposed development. EXHIBIT 1 1 CITY COUNCIL RESOLUTION NO. 2014-097 ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING A TWO-YEAR RETROACTIVE EXTENSION OF REDEVELOPMENT PERMIT RP 06-01 FOR THE CONSTRUCTION 4 OF A 21,022 SQUARE FOOT, THREE-STORY, FIVE-UNIT CONDOMINIUM PROJECT ON THE PROPERTY LOCATED AT 735 LAGUNA DRIVE IN LAND USE DISTRICT 8 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 INCLUDING A VARIANCE FOR A REDUCTION IN DRIVEWAY WIDTH. 7 CASE NAME: LAGUNA CONDOMINIUMS CASE NO.: RP 06-01x1 8 " 9 10 WHEREAS, Zephyr Partners, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by Laguna Breeze Condominiums, LLC, "Owner," 11 described as 12 Portion of Lot 46 of Seaside Lands, in the City of Carlsbaci, County of San Diego, State of California, according to the Map Thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921 15 ("the Property); and 16 WHEREAS, said application constitutes a request for an extension of a Major ^1 Redevelopment Permit, known as RP 06-03 for the Laguna Condominiums project originally approved by the Housing and Redevelopment Commission on January 16, 2007; and WHEREAS, the City Council did hold a duly noticed public hearing as prescribed by law to consider said permit extension request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and 18 19 20 21 22 23 arguments, if any, of persons desiring to be heard, said Council considered all factors related to 24 the extension of Major Redevelopment Permit 06-01 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of 26 Carlsbad, California, as follows: 27 A. That the foregoing recitations are true and correct 28 3 1 B. That based on the evidence presented at the public hearing, the City Council 2 hereby APPROVES an additional two (2) year extension of Major Redevelopment Permit 06-01 for the Laguna Condominiums project, based 3 on the following findings and subject to the following conditions: 4 General and Village Master Plan and Design Manual Consistency Findings: 5 1. The City Council finds that the subject project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an ^ infill development project on a site less than five (5) acres in an urbanized area that has ^ no habitat value and is served by adequate facilities. 2. The project remains consistent with the land use plan, development standards, design ^ guidelines and other applicable regulations set forth within the Village Master Plan and 9 Design Manual, with approval of the findings set forth in Design Review Board Resolution No. 315 dated November 13, 2006 and approved by the Housing and 10 Redevelopment Commission on January 16, 2007. 11 Conditions: 12 1. The City Council does hereby APPROVE a two (2) year retroactive extension of Major Redevelopment Permit 06-01 for the Laguna Condominiums project to allow the 13 applicant additional time to apply for and receive approval of the building permits for the subject project, subject to the conditions set forth in Design Review Board 1'* Resolution No. 315 dated November 13, 2006 and approved by the Housing and Redevelopment Commission on January 16, 2007. The permits shall be retroactively extended two (2) years from the date ofthe first permit expiration which is January 16, ^5 2014. The new expiration date for the permits shall be January 15, 2016. 2. All conditions contained in Design Review Board Resolution No. 315 dated November 13, 2006 for RP 06-01 are incorporated herein by reference and remain in effect, except 18 for Condition No. 11 which is superseded by Condition No. 1 above. 19 NOTICE 20 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." 21 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you 22 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 2^ 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. 24 25 15 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 2g 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 27 statute of limitations has previously otherwise expired. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: ,^x^"BAfl^BARA ENGLESON,<yty Clerk EXHIBIT 2 THE J UMSUNA DR SITE LAGUNA CONDOMINIUMS RP 06-01X1 i EXHIBIT 3 1 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 433 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP06-01 AND TENTATIVE TRACT MAP NO. CT06-01 FOR THE CONSTRUCTION OF 5 A 21,022 SQUARE FOOT, THREE-STORY, FIVE-UNIT CONDOMINIUM PROJECT ON THE PROPERTY LOCATED AT 735 LAGUNA DRIVE IN 6 LAND USE DISTRICT 8 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND . IN LOCAL FAdLITIES 7 MANAGEMENT ZONE 1. APPLICANT: ROBERT DULICH 8 CASE NO: RP 06-01/CT 06-01 9 10 11 12 13 WHEREAS, on November 13, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 06-01), and Tentative Tract Map (CT 06-01) for the construction of a 21,022 square foot, three-story, five-unit, condoihinium project on the property located at 735 Laguna Drive, and adopted Design Review Board Resolutions No. 315 and 316 recommending to the Housing and Redevelopment Commission that Major J 5 Redevelopment Permit (RP 06-01), and Tentative Tract Map (CT 06-01) be approved; and J ^ WHEREAS, the Housing and Redevelopment Commission ofthe City of Carlsbad, on the date ] 7 of this resolution held a duly noticed public hearing to consider the recommendation and heard all ] g persons interested in or opposed to Major Redevelopment Permit (RP 06-01), and Tentative Tract Map 19 (CT 06-01); and 20 WHEREAS, the recommended Design Review Board approval includes fmdings establishing 21 the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 22 WHEREAS, the recommended Design Review Board approval includes findings granting a 23 variance for a reduction in driveway width; and 24 WHEREAS, pursuant to the Guidelines for Implementation of the Cahfomia Environmental 25 Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the Planning 26 Director has found the project to be categorically exempt from the requirement for preparation of 27 environmental dociunents pursuant to Section 15332 of the State CEQA GuideUnes as an in-fiU 28 development project on a site of less than five acres in an urbanized area that has no habitat value and HRC RESO NO. PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2J 22 23 24 25 26 27 28 would not result in any significant effects relating to traffic, noise, air quality, or water quality. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City ofCarlsbad, California as follows: 1. That the foregoing recitations are true and correct. 2. That Major Redevelopment Permit (RP 06-01), and Tentative Tract Map (CT 06-01) are APPROVED and that the findings and conditions of the Design Review Board contamed in Resolutions No. 315 and 316, on file in the City Clerk's Office and incorporated herein by reference, are the findings and conditions ofthe Housing and Redevelopment Commission. 3. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: NOTICE TO APPLICANT: "The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is govemed by Code of Civil Procedure, Section 1094.6, which has been made apphcable 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 sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carisbad, 1200 Carlsbad Village Drive, Carlsbad, Califomia, 92008." HRC RESO NO. PAGE 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 Regular Meeting ofthe Housing and Redevelopment Commission of the City of Carlsbad on the 16th day of January, 2007, by the following vote: AYES: Commission Members Lewis, Kulchin, Hall, Packard, Sigafoose NOES: None ABSENT: None ATTEST: ^ RAYMOND R. PATCHETT. S^^r}^^y^'^^ (SEAL) iV/isTABUSifi^Vi'l i9' yj. EXHIBIT 4 ^ DESIGN REVIEW BOARD RESOLUTION NO. 315 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 06-01 FOR THE 4 CONSTRUCTION OF A 21,022 SQUARE FOOT, THREE-STORY, FIVE-UNIT CONDOMINIUM PROJECT ON THE PROPERTY LOCATED AT 735 LAGUNA DRIVE IN LAND USE DISTRICT 8 OF THE CARLSBAD 6 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FAdLITIES MANAGEMENT ZONE 1 INCLUDING A VARIANCE FOR A REDUCTION 7 IN DRIVEWAY WIDTH. CASE NAME: LAGUNA CONDOMINIUMS ^ APN: 203-110-42 & 203-110-43 9 CASE NO: RP 06-01 10 WHEREAS, Robert Dulich, "Applicant", has filed a verified application with the 12 Redevelopment Agraicy of the City of Carlsbad regarding property owned by Rudy C. Zavalani 13 & Cheryl L. Zavalani, "Owner", described as Assessor Parcel Numbers 203-110-42 & 203- ^4 110-43, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as shown on Exhibits "A-O" dated November 13,2006, on file in the Housing and Redevelopment Department, '^Laguna Condominiums RP 06-01/CT 06-01 as provided by Chapter 21.35.080 19 of the Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 13** day of November, 2006, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said pubhc hearing, upon hearing and considering all testimony and 23 argimients, if any, of persons desiring "Laguna Condominiums RP 06-01/ CT 06-01." 24 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows: 27 A. That the foregoing recitations are true and correct. 28 15 16 17 18 ^ B. That based on the evidence presented at the public hearing, the Design Review 2 Board APPROVES the Laguna Condominiums RP 06-01, based on the 15 18 following fmdings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS; 1. The Planning Director has detennined 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 6 environment, and it is therefore categorically exempt fi:om the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 7 Guidelines as an infill development project In making this determination, fhe Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein and with the 10 findings contained herein for a variance to reduce tiie driveway width and the establishment of the RH density designation for the project is in conformance with ^ ^ the Elements ofthe City's General Plan, the Carlsbad Village Area Redevelopment Plan, j2 and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated November 13, 2006 including, but not limited to 13 the following: ^4 a. The proposed project is consistent with the goals and objectives for the Village, as outlined witiiin the General Plan, because it provides for a residential use in an appropriate location within the Village. This in turn serves to enhance the ^5 Village by providing the necessary residential support The location of tfae project will provide the new residents an opportunity to waUc to shopping, 17 recreation and mass transit functions. The new residential units will enhance the Village as a place for living and working. The project wUl also be close to existing bus routes, furthering the goal of new economic development near transportation corridors. 20 b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the proposed project assists in satisfying the goals and objectives 21 set forth for Land Use District 8 through the following actions: 1) the project 22 provides a new residential development that will improve the physical appearance of the village area, and 2) the building is designed in a manner that 23 compliments nearby residential uses by incorporating many of the same architectural elements found in residential projects. 24 c. The project as designed is consistent with the development standards for Land Use District 8, the Village Design Guidelines and other applicable regulations set 25 forth in the Village Master Plan and Design Manual, with the exception of the requested variances. 27 d. The existing streets can accommodate the estimated ADTs and all required 2S public right-of-way has been or will be dedicated and has been or will be DRB RESO NO. 315 ^ improved to serve the development The pedestrian spaces and circulation have 2 been designed in relationship to the land use and available parking. Public facilities have been or will be constructed to serve the proposed project The 3 project has been conditioned to develop and implement a program of "best management practices'* for the elimination and reduction of poUutants which 4 enter into and/or are transported within storm drainage facilities. ^ e. The proposed project will not have an adverse impact on any open space within 6 the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and 7 the City's Landscape Manual. ^ f. The proposed project has been conditioned to comply with the Uniform Building 9 and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. 10 g. The proposed project is consistent with the Housing Element of the General 11 Plan, the City's Inclusionary Housing Ordinance, and tiie Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for five (5) units. 12 13 19 14 h. The proposed project meets td! of the minimum development standards set forth in Chapter 21.45.080 except for the requested variance, and has been designed in 1^ accordance with the concepts contained in the Design Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding developments. The buildings, 17 landscaping, and on-site amenities all conform to tiie Village Redevelopment Master Plan and Design Manual, which serves as the adopted land use plan for 18 the area. The overall plan for the project provides for adequate usable open space, circulation, and off-street parking. The parking is screened underneath the building and the project is compatible with surrounding land uses and will 20 not negatively impact circulation pattems in the area. The overall architecture is compatible with the surrounding area and consistent with the Village 21 character as set forth in the Village Design Manual. ^2 3 "The Design Review Board hereby finds that the appropriate residential density for the 22 project is RH (15-23 dwelling units per acre), which has a Growth Management Control Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan 24 density designation is as follows: 25 a. The density is compatible with the surrounding area, which contains a variety of uses including single-family and multi-family residentiaL Application ofthe RH General Plan designation on the subject property would allow for future high 27 density multi-family residential development which is permitted in District 8, and would be compatible with the mixture of surrounding uses in terms of size, 28 scale, and overall density. DRB RESO NO. 315 -3- b. The RH General Plan density designation serves to satisfy the goals of the 2 Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within this area of the Village. The hi^ 3 density designation allows for future development that would be consistent with the development in the area and the goals and objectives of the Redevelopment 4 Master Plan. ^ c. The RH General Plan density designation serves to satisfy the objectives of Land 5 Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). 7 Higher residential densities in close proximity to areas with easy access to mass transportation promote greater job/housing balance and help solve regional ^ issues such as reduced traffic congestion and improved air quality. 9 4. The Design Review Board finds that the RH residential density is in conformance with 10 the Elements of the City's General Plan based on the facts set forth in the staff report dated November 13,2006, including but not limited to the following: 11 a. Land Use - The project is consistent with the City's General Plan since the proposed density of 16.1 du/ac is within the density range of 15-23 du/ac 13 specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 16.1 du/ac is below the Growth Management 14 Control Point density (19 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units ^ g which were anticipated toward achieving the City's share of the regional housing need that are not utUized by developers in approved projects are deposited in the 17 City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit 15 capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City's share of the regional housing need. 20 b. Circulation - The project will take access off of Madison Street and is 21 conditioned to provide all necessary street improvements. On-site circulation consists of a private driveway which provides access to a subterranean parking garage designed tn accordance with City standards. 23 c. Noise - The project is conditioned to provide all noise attenuation measures as 24 identified in the acoustical study prepared by Eilar Associates. 25 d. Housing - The project is consistent with the Housing Element of the General 2^ Plan and the Inclusionary Housing Ordinance as the as the Developer has been conditioned to pay to the City an inclusionary housing in-lieu fee for five (5) 27 units. 28 DRB RESO NO. 315 ^ 5. The project is consistent with the City-wide Facilities and Improvements Plan, the Local 2 Facihties Management Plan for Zone 1, and all City pubhc facility poUcies and oixiinances. The project includes elements or has been conditioned to construct or 3 provide funding to ensure that all facihties and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 4 facilities; libraries; government administrative faciUties; and open space, related to the 5 project will be installed to serve new development prior to or concurrent with need. Specifically, 6 a. The project has been conditioned to ensure that building permits will not be 7 issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service ^ remains available and the District Engineer is satisfied that the requirements of 9 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project 10 b. All necessary public improvements have been provided or are required as ^ ^ conditions of approval 12 The Public Facility fee is required to be paid by CouncU Policy No. 17 and will 13 be coUected prior to the issuance of building permit 14 6. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 15 degree ofthe exaction is in rough proportionality to the impact caused by the project 15 22 17 7. The project is consistent with the City's Landscape Manual. IS 8. The Design Review Board finds as follows to allow for variances for a reduction in 29 driveway way width: 20 a. That the application of certain provisions of Chapter 21.35 will result in practical difficulties or uimecessaiy hardships which would make development inconsistent 21 with the general piupose and intent of the Carlsbad Village Redevelopment Plan, in that the shape of the lot is unusual due to it's '^wedged" shape configuration. This shape restricts the design flexibiUty for new buildings and related parking. 23 However, through the driveway reduction (variance), the appUcant is able to provide additional buUding and parking on the site allowing five units on the 24 property. The construction of five units enables the applicant to achieve a density that faUs within the range of the RH density standard range, however without the variance the appUcant would only be able to provide four units with 25 a resulting density of 12.89 dwelling units per acre, which is below the RH density range of the GMCP and is inconsistent with the density of the 27 surrounding area and properties under the same zone classification. The site is further hindered due to its location at an intersection of two streets where a 10 2S foot street dedication is required along both Laguna Drive and Madison Street DRB RESO NO. 315 -5- 8 ^ for sidewalk, curb, and gutter. This location reduces the development potential 2 of the site considerably as compared to other properties in other locations within the V-R (District 8) zoning because the site requires dedication along two pubUc 3 frontages whereas other properties with the same zoning would only have to dedicate property on one side ofthe site because most only face a pubUc street on 4 one side. ^ ' That there are exceptional circtmistances or conditions unique to the property or the 6 proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that By 7 aUowing a reduced width for the driveway, the subject property provides the same development potential (density) as other similar properties within District 8. The granting of the variance wUl not constitute a granting of special 9 privfleges as the proposed project density is 16.1 units/acre which faUs vnlthin the range of the RH density des^atidn. 10 That the granting of a variance will not be injurious or materii^ly detrimental to the 11 public welfare, other properties or improvements in the project area, in that the 22 variance does not authorize a use or activity, which is not expressly authorized by tfae zone regulation goveming the subject property, as a multi-famUy 13 residential use is a permitted use within Land Use Dtetrict 8 (Residential Support Area) ofthe V-R zoning designation. 14 d. That the granting of a variance will not contradict the standards estabUshed in the Village Master Plan and Design Manual, in that the standards estabUsfaed in tfae 15 VUlage Master Plan and Design Manual were intended to be somewfaat flexible in order to encourage diversity and variety of development and to take into 17 consideration the unique conditions associated witfa many of tfae properties in tfae redevelopment area. Tfae reduced driveway widtfa is consistent witfa engineering standards for driveways. The requested variance in no way changes 19 the use of development of the site in a manner that is inconsistent with tfae general purpose and intent of tfae general plan, Carlsbad viUage area 20 redevelopment plan, and tfae Carlsbad ViUage Redevelopment Master Plan and Design Manual. 18 21 22 24 25 GENERAL CONDTriONS; 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to tfae issuance of buUding permits. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 25 implemented and maintained over time, if any such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or 27 modify all approvals herem granted; deny or further condition issuance of all future building permits; deny, revoke or fiirther condition all certificates of occupancy issued 2S under the authority of ^provals herein granted; record a notice of violation on the DRB RESO NO. 315 -6- ^ property title; institute and prosecute Utigation to compel their compUance with said 2 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment 3 Permit 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit documents, as necessaiy to make them internally consistent and ia conformity with the final action on the project 6 Development shall occur substantially as shown on the approved Exhibits. Any proposed development dififerent &om this approval, shall require an amendment to this approvaL. 5 15 3. The Developer shall comply with all appUcable provisions of federal, state, and local laws and regulations in effect at fhe time of building permit issuance. 7 8 9 4. If any condition for construction of any pubUc improvements or facilities, or the payment 10 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this qjproval shaSl be suspended as provided in Government Code Section 11 66020. If any such condition is determined to be invalid this ^proval shall be invalid ^2 unless the Housing and Redevelopment Commission determines that the project without the condition compUes with all requirements of law. 13 The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 14 hold harmless the Redevelopment Agency of the City of Carlsbad, its goveming body members, officers, employees, agents, and representatives, fijom and against any and all UabiUties, losses, damages, demands, claims and costs, including court costs and 15 attorney's fees incurred by the Agency arising, directly or indirectly, Scorn (a) Agency's approval and issuance of this Major Redevelopment Permit (b) Agency's approval or 17 issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 29 UabiUties arising fi»m the emission by the faciUty of electromagnetic fields or other energy waves or emissions. 20 6. The Developer shall submit to tfae Housing and Redevelopment Department a 21 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the 22 conditions approved by the final decision making body. 23 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 24 format. 25 Prior to the issuance of a building permit tiie Developer shall provide proof to the 25 Director fi-om the Carlsbad School District that this project has satisfied its obUgation to provide school facilities. 27 28 DRB RESO NO. 315 -7- ^ 9. This project shall comply with all conditions and mitigation measures which are required 2 as part ofthe Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 10. Approval is granted for Major Redevelopment Pennit RP 06-01 as shown on Exhibits 4 A-O, dated November 13,2006, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in tiiese conditions. 5 6 11. This approval shall become null and void if building permits are not issued for this 7 project within 24 months fix)m the date of project approval. s 12. Building permits wiU not be issued for the project unless the local agency providing water 9 and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of 10 the application for the building permit and that water and sewer capacity and facilities wiU continue to be available until the time of occupancy. A note to this effect shall be ^ ^ placed on the Final Map. HOUSING CONDmONS; 12 13 13. At issuance of building permits, or prior to the approval of a final map and/or issuance of 14 certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-Ueu fee as 15 an individual fee on a per market rate dweUing unit basis in the amount in effect at the time, as established by City Council Resolution &om time to time, 16 17 LANDSCAPE CONDITIONS: 14. The Developer shall submit and obtain Planning Director approval of a Final Landscape ^ S and hrigation Plan showing conformance with the approved Preliminary Landsc^e Plan 29 and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain aU landscaping in a 20 healthy and thriving condition, fi"ee fix»m weeds, trash, and debris. 21 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Departmait and accompanied by the 22 project's building, improvement, and grading plans. 23 16. Developer shall pay a landscape plan check and inspection fee as required by Section 2^ 20.08.050 ofthe Carlsbad Municipal Code. 25 MISCELLANEOUS CONDITIONS: 17. The Developer shall estabUsh a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the 2y Housing and Redevelopment Director prior to final map approval. Prior to issuance of a building pennit the Developer shall provide the Housing & Redevelopment 28 Department with a recorded copy ofthe official CC&Rs that have been approved by the DRB RESO NO. 315 -8- ^ Department of Real Estate and the Housing and Redevelopment Director. At a 2 minimum, the CC&Rs shaU contain the following provisions: 3 a. General Enforcement bv the Citv. The City shall have the right but not tiie obUgation, to enforce those Protective Covenants set forth in this Declaration in favor 4 of, or in which the City has an interest, ^ b. Notice and Amendment A copy of any proposed amendment shall be provided to the 5 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 7 within 30 days for the official record. 8 18. This project is being approved as a condoniinium peiinit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for ^ such rental shall be not less than 26 days. The CC&Rs for the project shall include this 20 requirement, 11 19. Developer shall pay the citywide PubUc Facilities Fee imposed by City Coxmcil Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 12 5.09.030, and CFD #1 special tax (if ^pUcable), subject to any credits authorized by J2 Carlsbad Municipal Code Section 5.09.040. Developer' shall also pay any ^plicable Local FaciUties Management Plan fee for Zone 1, pursuant to Chapter 21.90. AU such 14 taxes/fees shall be paid at issuance of building permit If the taxes/fees are not paid, this ^proval wiU not be consistent with the General Plan and shaU become void. 15 20. Prior to occupancy of the first dweUing unit the Developer shall provide all required passive and active recreational areas per the approved plans, inclu^g landscaping and 27 recreational faciUtiesDeveloper shall pay the citywide PubUc FaciUties Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad 18 Mimicipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also 1^ pay any appUcable Local FaciUties Managemait Plan fee for Zone 1, pursuant to C3iapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval wiU not be consistent with the General Plan and shall become 21 void. 20 22 NOTICING CONDITIONS; 23 21. Prior to the issuance of the buUding permit Developer shaU submit to the City a Notice of Restriction to be filed in the office ofthe County Recorder, subject to the satisfaction 24 of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Major Redevelopment Pennit by Resolution No. 315 on the real property owned by the Developer. Said Notice 25 of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 27 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which 25 28 DRB RESO NO. 315 1 2 3 ON-SITE CONDITIONS 5 modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 4 22. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit "B") witii gates pursuant to tiie City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by tiie 6 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials ofthe project and subject to the satisfaction of the Housing & Redevelopment 7 Director. 23. No outdoor storage of material shall occur onsite unless required by the Fire Oiief. 9 When so required, the Developer shaU submit and obtain approval of the Fire Chief and Housing & Redevelopment Director of an Outdoor Storage Plan, and tiiereafter comply 10 with the approved plan. ^ ^ 24. The developer shall submit and obtain Housing & Redevelopment Director ^roval of 22 an exterior Ughting plan including parking areas. AU Ughting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 13 25. All roof appurtenances, including air conditioners, shall be architecturaUy integrated and 14 concealed fijom view and the soimd buffered fix>m adjacait properties and streets, in J 5 substance as provided in Building Department PoUcy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment 16 26. The project sbaU have a master cable television hookup. Individual antennas shall 17 not be permitted. 27. There shaU be separate utiUty systems for each unit 18 19 28. Developer to instaU signiage and/or other measures to the satisfaction of the City 20 Engineer to caution drivers exiting the driveway ramp to watch for pedestrians. 21 STANDARD CODE REMINDERS; 22 The project is subject to all applicable provisions of local ordinances, including but not limited to the 22 following code requirements. 24 Fees 25 29. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 26 2y 30. The developer shaU pay a landscape plan check and inspection fee as required by Section 20.080.050 of tiie Carlsbad Municipal Code. 28 DRB RESO NO. 315 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. General 32. The tentative map shall expire twenty-four (24) months fix>m the date this tentative map approval becomes final. 33. Approval of this request shall not excuse compUance with all appUcable sections ofthe Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otiierwise specifically provided herein. 34. Premise identification (addresses) shaU be provided consistent with Carlsbad Municipal Code Section 18.04.320. 35. Any signs proposed for this development shall at a minimtun be designed in conformance witii the approved plans and the sign criteria contained in tfae ViUage Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing & Redevelopment Director prior to installation of such signs. DRB RESO NO. 315 -11-70 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 firom 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 infonnation with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failiu* to timely follow that procediffe will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED tiiat 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 appUcation 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 lunitations has previously otherwise expired. PASSEDi APPROVED, AND ADOPTED at a meeting of tiie Design Review Board of the City of Carlsbad, California, held on the 13*'' day of November, 2006 by the following vote to wit: AYES: SCHUMACHER. NOES: ABSENT: ABSTAIN: BAKER, HAMILTON, HEINEMAN, LAWSON AND NONE NONE NONE COURTNEY HEINEMAN, CHAIRPERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 315 -12- EXHIBIT 5 MINUTES MEETING OF: HOUSING AND REDEVELOPMENT COMMISSION (Regular Meeting) DATE OF MEETING: January 16,2007 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Chairperson Lewis called the Meeting to order at 6:31 p.m. ROLL CALL was taken by the City Clerk as follows: Present: Lewis, Hall, Kulchin, Packard and Sigafoose. Absent: None. APPROVAL OF MINUTES: On a motion by Vice Chair Kulchin, the minutes of the following meetings were approved as presented: Minutes of the Regular Meeting held November 21, 2006. Minutes of the Special Meeting held December 5, 2006. Minutes of the Regular Meeting held December 19,2006. PUBLIC HEARING: 1. AB #395 -LAGUNA CONDOMINIUMS. Assistant Planner Cliff Jones presented the staff report and reviewed a PowerPoint Presentation (on file in the Office ofthe City Clerk). In response to an inquiry from Vice Chair Kulchin, Mr. Jones stated that the developer is not required to constmct a sidewalk on the south portion of the project property because Laguna is an Alternative Design Street. He explained that the applicant has been conditioned to sign a Neighborhood Improvement Agreement therefore, when the neighborhood chooses to install curbs, gutters and sidewalks the developer will be held responsible for his portion of the improvements. Deputy City Engineer David Hauser further explained that a Committee was formed to select streets within the City that would be Alternative Design Streets. He stated that the citizens living on Altemative Design Streets are responsible for initiating improvements to their streets through a neighborhood vote with 50% of the neighborhood in favor of the improvements. The Applicant Bob Dulich, 675 Circle Drive, Solana Beach, came forward to address Council. January 16,2007 Carlsbad Housing and Redevelopment Commission Meeting Page 2 In response to Vice Chair Kulchin's inquiry regarding the construction of curb, gutter and sidewalk improvements on the south side of the property, Mr. Dulich stated that he would not be opposed to constmcting the sidewalk on Laguna as part of the proposed project. Chair Lewis opened the duly noticed Public Hearing at 6:42 p.m. Seeing no one wishing to speak Chair Lewis closed the duly noticed Public Hearing at 6:42 p.m. The Commission requested that City Attomey Ron Ball review the Altemative Design Street Policy to see if an individual or developer can provide street improvements without a vote ofthe surrounding citizens. ACTION: On a motion by Commission Member Packard, the Commission adopted RESOLUTION NO. 433. approving Major Redevelopment Permit No. RP06-01 and Tentative Tract Map No. CT06-01 for the construction of a 21,022 square foot, three-story, five-unit condominium project on the property located at 735 Laguna Drive in Land Use District 8 of the Carisbad Village Redevelopment Area and in Local Facilities Management Zone 1. AYES: Lewis, Kulchin, Hall, Packard and Sigafoose. NOES: None. ADJOURNMENT: By proper motion, the Regular Meeting of January 16, 2007, was adjourned at 6:51 p.m. /OOD. CMC City Clerk Sheila R. Cobian Deputy City Clerk EXHIBIT 6 flnnIN I HooMos .NDBVI maSrtiimf Ul o Q o j III 11 s Mil 111! siss ill llll II! fPii §i-et-n- 333 III lilliiisifii 8 w n I N I IN Q 0 N o 3 VNnevi BNNNmsnemmi maxsr* mmi ih Ml] BNtiiNiwiaNoo vNnavi moossr+mm. 3k I o i i \ a. « Ul % HI Q s. IU 0 0 UNO nmn lu 8HnINtM I aN0 a vHnevi m Lll er S \ I SWniNIMIONOO vNnovi I I Si Q % 0 0 HI 0> 8HniNIHiaN03 VNnsvi gNmrumimmf, % mm i I i I te 0 0 u, Q OC k awniNiHDONos vNn9v-i 0- 0_. omuL ©-- © amm/smaitmi massr*m». MM « 0 0 H. *• K % BwniNiiMoaNaD vnnevi mtxm+moo © - - 0) 0 0 ll. 3 ©- swniNiwooNoa VNnavi fk rati 3» ] O <0 «. It 0 0 u. 2 ©— -jjii I mil lu K H « 0 0 •4 1. Q tt xm wtan m BMniNiwoaNoa viinovi mam-nmof, jiii ©— ©- 0 J z 0 0 u. © - um nmm m SNniNIWOONOO VNnBV-l smMfkimimmL Q. ft 0 Q Q 0 0 Ul (0 (Q Q. (C 0 0 <J u. a n ft 0 0 oJ BC BwniNiwiaNos VNIIBVI S3oocm*im». mluSSfi. uooMmn, III i I Mi llll ill •J 0 0 BNniMIWOaNOS VNHBVl amnmsaiKM/i waossin-mm 0 k Ul •J Ul k 10 tti 0 k Ul Ul X k 0 BwnINiw0 aN00 vNnovi saacossy+miBO. Si ' V I il 0 k Ul Ul k oc d 0 Ul k It ft. 0 k Ul •J Ul k « 0 k 0 k ^0 NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, May 20, 2014, to consider approval of a two-year retroactive extension of a major redevelopment pennit on property generally located at 735 Laguna Drive in Land Use District 8 of the Village Review Zone and in Local Facilities Management Zone 1 including a variance for a reduction in driveway width from 24 feet to 20 feet and more particularly described as: Portion of Lot 46 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map Thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28,1921 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after May 16, 2014. If you have any questions, please contact Austin Silva in the Planning Division at (760) 602-4631 or austin.silva@carlsbadca.gov. If you challenge the Major Redevelopment Pennit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: RP 06-01x1 CASE NAME: LAGUNA CONDOMINIUMS PUBLISH: May 10, 2014 CITY OF CARLSBAD CITY COUNCIL J o m w X J LAGUNA [JR SITE LAGUNA CONDOMINIUMS RP 06-01X1 PROOF OF PUBLICATION (2010 & 2011 CC.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego r 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 UT - North County Formerly known as the North County Times and which newspaper has been >adjudicated as a newspaper ot general circulation, by th^ Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171,'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 eritire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 10t^ i2014 Proof of Publication of NOTICE OF PUBLIC HEARING iaNOTICE IS HEREBY GIVEN to you, because your in-Tterest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Coun-cil Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, May 20, 2014, to consider ap-proval of a two-year retroactive extension of a maior redevelop- ment permit on property generally located at 735 Laguna Drive in Land Use District 8 of the Village Review Zone and in Local Facilities Management Zone 1 including a variance for a reduc-tion in driveway width from 24 feet to 20 feet and more particu- larly described as: Portion of Lot 46 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map Thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921 Those persons wishing to speak on this proposal are cordially in vited to attend the public hearing. Copies of the agenda bill will be available on and after May 16, 2014. If you have any.ques- tions,, please contact Austin Silva in the Planning Division at (760) 602-463Tor austin.silva@carlsbadca.gov . If you challenge the Maior Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the piublic hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: RP 06-01x1 CASE NAME: LAGUNA CONDOMINIUMS CITY OF CARLSBAD CITY COUNCIL pub: 5/10/14 I certify (or declare) under ^penalty of perjury that the foregoing is true and correct. ^Dated at Oceanside, California On This IZ^l^Tda^sMay 2014 ' Jane Allshouse ' NORTH COU^iTY TIMES Legal Advertising Aa3AV-O9-008-t UI03rA.I3Ae'«AMM ap SU3S • CARLSBAD UNIFIED SCHOOL DISTRICT 6325 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIMJOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY STE 100 9174 SKY PARK a SAN DIEGO CA 92123-4340 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 [ ®09l.S ®Aa3AV ljJBqe6 3| zasiii^n I ja|9d e saipej. s3U3nbj}| ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAUD USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 f HJi.s6p3 dn-dod 3sodx9 ®09iS ai.e|duiai®AjsAv asfi T I I t A>I3AV-OD-O08-It iua»AieAe*Mmm f 3wdn-dOdPioqai9| J3|9A9i I apuijeaiihipetieif saydaH }uauja6jei{3 apsuas ROBERT DOFF .2803 5TH ST ' WASHINGTON, DC 20017-1302 MARK & CHRISTINE SANDERSON 439 GRAND DR 311 BIGFORK, MT 59911-3614 CARLSBAD LAGUNA LLC 414 N ORLEANS ST 710 CHICAGO, IL 60654-4421 JEREMY S & TAMARA WESTFALL PO BOX 18167 PHOENIX, AZ 85005-8167 CRAIG A SMITH 4295 CLUB DR ATLANTA, GA 30319-1156 SUSAN ALTMAN FRYENDALL CT GENEVA, IL 60134-6034 ARLENE 0 OLIVAS 5065 ENCHANTED OAKS DR COLLEGE STATI, TX 77845-7659 ALISA L & ERIC ROSENBERG 12837 N 68TH ST SCOTTSDALE, AZ 85254-4542 ! ®09lS®AU3AV»!-iBqBge|zas!|!Jn ' Ji3|adf S3|pe^s3):^nb!)| J & JOSE SOUMBASAKIS 724 TIBIDABO AVE CORAL GABLES, FL 33143-6227 U D R CARLSBAD APARTMENTS L I PO BOX 6408 CHICAGO, IL 60606-0408 JAMES P HARPER 5905 WAYMAKER CV AUSTIN, TX 78746-1855 B S HODGES 27814 N 71ST ST SCOTTSDALE, AZ 85266-7512 CARL F & PATRICIA BOODE PO BOX 65387 TUCSON, AZ 85728-5387 HUOH 1033 VIA ZUMAYA PALOS VERDES , CA 90274-2815 GEORGE & KAREN GRENGS 20430 VIA CELLINI NORTHRIDGE, CA 91326-4064 LEWIS & ELSBREE *B* 1827 DORA DR CARDIFF BY TH, CA 92007-1441 VIRGINIA H MURPHY 1737 ROGUE ISLE CT CARLSBAD, CA 92008-3622 PACIFIC GENERAL LLC DBA PA( PO BOX 3210 LAKE HAVASU C, AZ 8 64 05-3210 JAMES R DAVIS 13215 PENN ST 610 WHITTIER, CA 90602-1725 BARBARA KUPPER 7449 TRACY ST LEMON GROVE, CA 91945-3128 LISA A BENTSON 2450 MONTGOMERY AVE CARDIFF BY TH, CA 92007-2106 TREJO 3383 ADAMS ST CARLSBAD, CA 92008-2502 WILLIAM LITTLE PO BOX 1380 LOS ANGELES, CA 90078-1380 GAIL V & ALICE ANDERSON 217 OAKLAWN AVE S PASADENA, CA 91030-1828 L BROWN PO BOX 787 CARDIFF BY TH, CA 92007-0787 MICHAEL A & LOUISE PEELLE 2660 WILSON ST CARLSBAD, CA 92008-1527 MICAH A PENMAN 2431 BUENA VISTA CIR CARLSBAD, CA 92008-1601 NEXT STEP INVESTMENTS 590 LAGUNA DR CARLSBAD, CA 92008-1607 I ®091S®AU3AV DAVID C & LAURA KURNER 24 61 BUENA VISTA CIR CARLSBAD, CA 92008-1601 wia6p3 dn-dod asodxa o} auji Buo|e puag jaded paaj T RONN & DIANNE MEMEL 2451 BUENA VISTA CIR CARLSBAD, CA 92008-1601 (D09I.S aiBidiuai @,AiaAV asfi siaqei aiaadAsca T I AMlAVOO-OOS-l UKO'fjaMB'fMMA ludn-dod pjoqaiat jaifAfi ap uye aintpeti e| i$ zaadaa )uauia6jeq} apsuas RICHARD A & JO PENMAN 2431 BUENA VISTA CIR CARLSBAD, CA 92008-1601 STOLL 2409 BUENA VISTA CIR CARLSBAD, CA 92008-1606 ROY & DIANE MILLENDER 2430 BUENA VISTA CIR CARLSBAD, CA 92008-1605 SCOTT L & JUDITH OLIVER 2400 BUENA VISTA CIR CARLSBAD, CA 92008-1605 NOVEMBER MCCALL 624 LAGUNA DR CARLSBAD, CA 92008-1609 R & J SANDERS 672 LAGUNA DR CARLSBAD, CA 92008-1609 DENISE K DEMOTT 684 LAGUNA DR CARLSBAD, CA 92008-1609 ANITA L STAFFORD 888 LAGUNA DR CARLSBAD, CA 92008-1839 TRACY S TEMPLETON 577 LAGUNA DR CARLSBAD, CA 92008-1684 MARGARET EARDLEY 583 LAGUNA DR CARLSBAD, CA 92008-1684 ISABEL J PEREIRA 2401 BUENA VISTA CIR CARLSBAD, CA 92008-1606 JOHN E & ANDRA KAIRATH 2450 BUENA VISTA CIR CARLSBAD, CA 92008-1605 RICHARD PENMAN 2420 BUENA VISTA CIR CARLSBAD, CA 92008-1605 SHIRLEY COOK 2390 BUENA VISTA CIR CARLSBAD, CA 92008-1603 UN I AT 656 LAGUNA DR CARLSBAD, CA 92008-1609 AMANDA PROVINS 674 LAGUNA DR CARLSBAD, CA 92008-1609 BRIAN N BERNAUER 692 LAGUNA DR CARLSBAD, CA 92008-1609 MICHAEL J HULBERT 563 LAGUNA DR CARLSBAD, CA 92008-1684 RICHARD W HERRING 57 9 LAGUNA DR CARLSBAD, CA 92008-1684 ! 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U109'Al3Ae*MUMM gYSPAN PRECISION PRODUCTS INC PO BOX 636 VISTA, CA 92085-0636 FRANK & MARY VRETENAR 3226 OLD KETTLE RD SAN DIEGO, CA 92111-7712 THOMAS C CURTIN 5090 CRESCENT BAY DR SAN DIEGO, CA 92154-4877 FELDMAN 107 BRIAN CT PALM DESERT, CA 922 60-67 66 DEENA A VOELLINGER 31110 MARIPOSA PL TEMECULA, CA 92592-2642 PROJECT DEAF INDIA FOUNDATIOi: 3 DUNN ST LAGUNA NIGUEL, CA 92677-5704 MARK J NOLAN 20322 CAROL LN SARATOGA, CA 95070-3114 f 3wdn-dod pioqai a| jai^A^i [ api^aihq>ei|e|9za!|d^ luauiaBjBq> apsuas 2621 ROOSEVELT LLC PO BOX 1707 FALLBROOK, CA 92088-1707 NEMETH 4510 EXECUTIVE DR 150 SAN DIEGO, CA 92121-2155 GING INVESTMENTS PO BOX 40501 SAN DIEGO, CA 92164 565 LAGUNA LLC 6904 DOVER CT HISHLAND, CA 92346-5069 SWANSON 24 BLUFF VW IRVINE, CA 92603-3602 MIKE & LORIE OLLIVIER 2479 W FIR AVE FRESNO, CA 93711-7027 *** 139 Printed *** r ®09I.S®Aa3AVl!-iBqBBa|zasii!»n CHAMBERS 200 VIA OSUNA RANCHO SANTA , CA 92091-4409 M S BROWAR PO BOX 81007 SAN DIEGO, CA 92138-1007 COOPER & MARY BLANTON 4 9155 RANCHO POINTE LA QUINTA, CA 92253-9208 DENNIS R & KAREN SECHREST 1982 TAMARACK LN HEMET, CA 92545-8109 PARK PLACE CARLSBAD APARTMEN: 114 6 GLENNEYRE ST LAGUNA BEACH, CA 92651-2908 TODD S & ELIZABETH SMITH 960 LA GONDA WAY DANVILLE, CA 94526-1711 I ®09LS ®AII3AV J wi36p3 dn-dod asodxa I Ol au!| Buo|e puag jaded paaj T ®09l.S ajBiduiai ®AjaAV asn spqei ffliaed ASB3 AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CiTY CLERK DATE OF PUBLIC HEARING: SUBJECT: LOCATION: 5/7//^ DATE NOTICES MAILED TO PROPERTY OWNERS: _ NUMBER MAILED: / 7 I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) (f)a (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0^Union Tribune I I North County Times PUBLICATION DATE: Union Tribune North County Timas_ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments Laguna Condominiums RP 06-01X1 Austin Silva May 20, 2014 Location Map Project Information •Three-story, 21,022 sq. ft. residential building •5 units ranging from 2,335 to 2,720 sq. ft. •Variance to reduce driveway width •Consistent with all other development standards •Two-year retroactive extension until 1/15/2016 3 Street Elevations 4 Staff Recommendation That the City Council ADOPT City Council Resolution No.2014-097 APPROVING a retroactive two-year extension of a Major Review Permit (RP 06-01X1)based on the findings and subject to the conditions contained therein. 5