HomeMy WebLinkAbout2002-02-25; Design Review Board; Resolution 2821
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DESIGN REVIEW BOARD RESOLUTION NO. 282
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 01-13 TO
SUBDIVIDE 1.153 ACRES INTO TWENTY-ONE (21)
CONDOMINIUM UNITS ON PROPERTY LOCATED AT 539
LAGUNA DRIVE IN LAND USE DISTRICT 4 OF THE VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: LAGUNA POINT
CASE NO.: CT 01 -1 3
WHEREAS, Wave Crest Resorts II, LLC, “Developer”, has filed a verified
application with the Housing and Redevelopment Agency of the City of Carlsbad regarding
property it owns, known as Assessor Parcel Numbers 203-1 01 -30, 203-1 01 -32 and 203-1 01 -
33 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-I” dated February 25, 2002, on file in the Housing and
Redevelopment Department as “Laguna Point RP 01-08/CT 01-13”, as provided by Chapter
21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 25th day of February, 2002,
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 Laguna Point CT 01-13, based on the
following findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, the
Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles
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20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will
not cause serious public health problems.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are located within Land Use District 4 of the Village
Redevelopment Area and the intent of the Village Master Plan is to provide for a
gradual transition in this district to a mix of higher quality commercial and
residential uses.
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
density proposed, in that the development is consistent with the RH density
designation which has been assigned to the property based on the following
findings:
a. The density is compatible with the surrounding area which contains a
variety of uses such as residential, commercial office, retail, and light
industrial. Residential uses in the area range from single family residential
to high density multi-family residential. The RH General Plan density
designation allows for the construction of a project that is compatible with
the mixture of surrounding uses in terms of size and scale.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 4 by increasing the number of residentia! units in close
proximity to shops, restaurants, and the Village Coaster Station.
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 Laguna Drive, State Street, and Roosevelt Street
and there are no easements granting access through the property to others.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision.
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
housing needs against the public service needs of the City and available fiscal and
environmental resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that a Negative Declaration has been prepared in accordance with the
requirements of the California Environmental Quality Act, the State Guidelines
and the Environmental Protection Procedures of the City of Carlsbad. Based on
DRB RES0 NO. 282 -2-
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the EIA Part II and comments thereon, the Design Review Board finds that there is
no substantial evidence the project will have a significant effect on the
environment.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit.
The Design Review Board finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, the Village Redevelopment
Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated February 25, 2002 including, but not limited to the following: the
project will provide for a permitted use (multi-family residential) in an appropriate
location within Land Use District 4 of the Village Redevelopment Area.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
service remains available, and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school facilities in
the Carlsbad Unified School District.
C. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are required as
conditions of approval.
e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
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
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
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 1.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map or the issuance of building permits, whichever occurs first.
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If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the Redevelopment Agency/City
shall have the right to revoke or modify all approvals herein granted; deny or further
condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. No vested rights are gained by Developer or a successor in
interest by the City’s approval of this Major Redevelopment Permit and Tentative
Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Tentative Tract Map documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this
approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
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
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the Housing and Redevelopment Commission determines that the
project without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and
all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s
approval and issuance of this Tentative Tract Map, (b) Agency’s approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, and (c) Developer/Operator’s installation and operation of
the facility permitted hereby, including without limitation, any and all liabilities arising
from the emission by the facility of electromagnetic fields or other energy waves or
emissions.
The Developer shall submit to the Agency a reproducible 24” x 36, mylar copy of the
(Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
school facilities.
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 Pian prior to the issuance of building permits.
DIU3 RES0 NO. 282 -4-
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Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Approval of CT01-13 is granted subject to the approval of RP01-08.
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 [insert date of 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 feedexactions 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 2Sth day of February, 2002 by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAl N :
Marquez, Heineman, Lawson, Paulsen
None
None
None
DESIGN REVIEW BOAKD 4
fiEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 282 -5-