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HomeMy WebLinkAbout2005-02-28; Design Review Board; Resolution 295I c L 7 4 < 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. 295 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MINOR REDEVELOPMENT YARD SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD RANGE FOR THE CONSTRUCTION OF 1,537 SQUARE FOOT SINGLE FAMILY HOME AND 425 SQUARE FOOT GARAGE ON PROPERTY LOCATED AT 3223 TYLER STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DIM RESIDENCE PERMIT NUMBER RP 03-07, INCLUDING A VARIANCE FOR A REAR APN: 204-08 1 - 14 CASE NO: RP 03-07 WHEREAS, Darin Diaz, “Applicant”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Darin Diaz, “Owner”, described as Assessor Parcel Number 204-081-14, and more thoroughly described in Attachment A, (“the Property”); and WHEREAS, said application constitutes a request for a Minor Redevelopment Permit, as shown on Exhibits “A-H” dated February 28,2005, on file in the Housing and Redevelopment Department, “Diaz Single Family Residence RP 03-07”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 2Sth day of February, 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said pubIic hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring “Diaz Single Family Residence Rp 03-07”. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A. That the foregoing recitations are true and correct. L 4 t I f s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. That based on the evidence presented at the public hearing, the Design Review Board APPROVES the Diaz Single Family Residence RP 03-07, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 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, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15303(a) of the State CEQA Guidelines for the construction a single family residence. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for a rear yard setback variance is in conformance with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated February 28,2005 including, but not limited to the following: a. b. C. d. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, in that the proposed project will result in a new single family residence. Single family residences are a desired product in District 5. The location of the project will also afford the new residents the opportunity to walk to shopping, recreation and mass transit functions. The new residential unit will enhance the Village as a place for living and working. The project will also be close to existing bus routes, furthering the goal of new economic development near transportation. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the proposed project assists in satisfying the goals and objectives set forth for Land Use District 5 through the following actions: 1) the project provides permitted single family residential development; and 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of a same architectural elements found in residential projects. The project as designed is consistent with the development standards for Land Use District 5, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the requested variance. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of “best DRB RES0 NO. 295 -2- 1 1 4 c t r I E 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 management practices” for the elimination and reduction of pollutants which 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 the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City’s Landscape Manual. 3. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 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. All necessary public improvements have been provided or are required as conditions of approval. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 4. 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 degree of the exaction is in rough proportionality to the impact caused by the project. 5. The Design Review Board finds as follows to allow for a variance for a rear yard setback that exceeds the standard range: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that by providing an increased setback on the rear of the proposed building, the outdoor recreation space can be increased. Also, the increased setback provides a greater buffer between the existing and proposed structures. The increased outdoor recreation area and increased buffer will improve and protect the livability of the project and the adjacent properties. Lastly, the increased setback is similar to what is enjoyed by many surrounding properties. In order DRB RES0 NO. 295 -3- 1 4 L C f m I E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. C. d. to meet the setback standard, the City would need to require the developer to build a larger structure. The requirement of a larger residential structure would result in practical difficulties and unnecessary hardships that would make development inconsistent with the general purpose and intent of the Carlsbad Village Area Redevelopment Plan. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the project is unique in that the property dimensions are 50 feet wide by 70 feet deep. Typically, properties in this area are 25 feet wide by 140 feet long. The lot line adjustment which created these dimensions allowed for a more usable property, including the construction of a two car garage. The required two car garage would not be achievable with the previous lot dimensions. By allowing the proposed structure, the subject property will more closely match the set backs of the surrounding residential properties. The proposed project allows for an intensification of the site while being compatible with the surrounding area. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the increased setback on the rear of the property will not have a detrimental impact on neighboring properties, because it allows for an increased buffer between the existing adjacent residence and the proposed project. Further, the increased setback is consistent with the setbacks enjoyed by adjacent properties and other properties in this immediate vicinity. In addition to providing an increased buffer, the 13-foot setback will increase the outdoor recreation area of the proposed project, which will enhance the livability of the development. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. The placement of the building maximizes outdoor recreation opportunities for the subject property while providing a greater buffer between the two residences, which is consistent with the Village Master Plan and Design Manual’s goal of establish Carlsbad Village as a quality living environment. GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 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 1. DRl3 RES0 NO. 295 -4- 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 2. 3. 4. 5. 6. 7. 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 modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s/Agency’s approval of this Minor Redevelopment Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Redevelopment Permit 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 laws and regulations 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 Minor Redevelopment Permit, (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 Housing and Redevelopment Department a reproducible 24” x 36”, mylar copy of the Minor Redevelopment Permit reflecting the conditions approved by the final decision making body. This approval is granted subject to the approval of Minor Redevelopment Permit RP 03-07 and is subject to all conditions contained in Design Review Board Resolution No. 295 for those other approvals incorporated herein by reference. DRB RES0 NO. 295 -5- 1 L c C - t i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. 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 format. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to 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 Plan prior to the issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 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. Approval is granted for Minor Redevelopment Permit RP 03-07 as shown on Exhibits A-H, dated February 28,2005, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. LANDSCAPE CONDITIONS: 15. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 17. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad MunicipalCode. DRE3 RES0 NO. 295 -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 NOTICING CONDITIONS: 13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Redevelopment Permit by Resolution No. 295 on the real property owned by the Developer. Said Notice 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 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 modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. ON-SITE CONDITIONS: 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. ENGINEERING CONDITIONS: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. GENERAL: 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. Prior to the issuance of a building permit, the property owner shall obtain approval for a lot line adjustment between Lots 23 and 24 of Block 31 per Map 775, Town of Carlsbad, to establish the lot as substantially shown on the site plan subject to the satisfaction of the City Engineer. FEESAGREEMENTS: 3. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the site plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and DRB RES0 NO. 295 -7- 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 C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. CARLSBAD MUNICIPAL WATER DISTRICT: 4. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall install sewer laterals and clean-outs at a location approved by 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. 5. 6. DIU3 RES0 NO. 295 -8- 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, dedica ions, 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 feedexactions. 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 2Sth day of February, 2005 by the following vote to wit: AYES: Heineman, Baker and Lawson NOES: None ABSENT: Marquez ABSTAIN: N/A s DESIGN REVIEW BOARD ATTEST: n DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 295 -9- ATTACHMENT “A” Legal Description Daren Diaz Property APN 204-081 -1 4 Parcel (204-081 -1 4): All that portion of Lot 23 and Lot 24 in Block 31, lying southerly form a line commencing at the mid point of the southeasterly line of said Lot 24, In the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. (535, 775 Amended Map), filed in the Office of the County recorder of San Diego County, May 2, 1883.