HomeMy WebLinkAbout2002-06-24; Design Review Board; Resolution 2881
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DESIGN REVIEW BOARD RESOLUTION NO. 288
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
CARLSBAD TRACT NUMBER CT 01-10 TO SUBDIVIDE 2.83 ACRES
INTO SIXTY-FIVE (65) CONDOMINIUM UNITS AND 8,662 SQ. FT. OF
RETAIL SHOPS ON PROPERTY LOCATED BETWEEN CARLSBAD
BLVD., WASHINGTON ST., CHRISTIANSEN WAY, AND BEECH AVE.
IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
CASE NO.: CT 01-10
WHEREAS, Anastasi Development Company, 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 203-172-06, 07, 08, 11, 12,
16,21 & 23 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) “C-F” dated June 24, 2002, on file in the Housing and
Redevelopment Department as “Village By The Sea RP 01 -O6/CDP 01 -1 6/CT 01 -1 0”, as
provided by Chapter 20.12.015 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24‘h day of June, 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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Village By The Sea CT 01-10, 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
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Village Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan
and Design Manual, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are located within Land Use District 1 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.
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
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, a residential
care facility, and a private school with on-site residents. Residential uses
in the area range from single family residential to 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, scale, and overall density cale.
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 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
Station).
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 Boulevard, Washington Street, Beech
Avenue and Christiansen Way and there are no easements granting access
through the property to others.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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
housing needs against the public service needs of the City and available fiscal and
environmental resources.
DRB RES0 NO. 288 -2-
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8.
9.
10.
11.
12.
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
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 June 24, 2002 including, but not limited to the following: the
project will provide for a permitted mixed-use development (multi-family
residential and retail commercial) in an appropriate location within Land Use
District 1 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 or otherwise satisfied 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.
DRB RES0 NO. 288 -3-
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13. 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.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the Redevelopment Agency/City
shall have the right to revoke or modify all approvals herein granted; deny or further
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 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
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this
approval.
3. The Developer shall 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.
4. 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.
Final Map Notes
5. Developer shall show on Final Map the net developable acres for each parcel.
6. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Sewer mains
2. Water mains and fire hydrants
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. 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
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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.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Standard Code Reminders
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This approval shall expire twenty-four (24) months from the date this tentative map
approval becomes final unless extended per Section 20.1 2.100 of the Carlsbad
Municipal Code.
This approval is granted subject to the approval of RP 01-06 and CDP 01-16 and is
subject to all conditions contained in Design Review Board Resolutions No. 286 and
287 for those other approvals and incorporated by reference herein.
DRB RES0 NO. 288 -5-
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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 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
expi red.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 24th day of June, 2002 by the following
vote to wit:
AYES: Heineman, Baker, Paulsen
NOES: None
ABSENT: Lawson
ABSTAl N: Marquez
ATTEST: n
1 DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DIU3 RES0 NO. 288 -6-