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HomeMy WebLinkAbout2005-11-21; Design Review Board; Resolution 300I I I 1( 1’ 1: 1: Id l! 1t 1; 1t 15 2( 21 22 23 24 .25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 300 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR CONSTRUCTION OF A 13,895 SQUARE FOOT TWO STORY “E UNIT (1) BED & BREAKFAST INN ON THE PROPERTY LOCATED AT 2683 & 2687 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE TOWNHOMES ’ REDEVELOPMENT PERMIT NUMBER RP 04-23 FOR THE MULTI-FAMILY CONDOMINTUM WITH THE OPTION TO INCLUDE ONE APN: 203- 101-02 CASE NO: RP 04-23 WHEREAS, David Lee Soanes, “Applicant”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Robert Enright, “Owner”, described as Assessor Parcel Number 203-101-02, 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-J” dated November 21,2005, on file in the Housing and Redevelopment Department, “Carlsbad Village Townhomes RP 04-23KT 04-21”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 21st day of November, 2005, 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 related to “Carlsbad Village Townhomes RP 04-23.” NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A. That the foregoing recitations are true and correct. 1 1 t ( 1( 11 li 12 14 15 1C 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 RECOMMENDS APPROVAL of Carlsbad Village Townhomes RP 04- 23, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: I. The Housing & Redevelopment 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 fiom the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Housing & Redevelopment 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 the establishment of the RH density designation for the project, 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 November 21,2005 including, but not limited to the following: a. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a multi-family residential use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential neighborhood and encourages greater residential support opportunities in the Village. The location of the project will provide the new residents an opportunity to walk to shopping, recreation and mass transit functions. The new residential units 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 corridors. b. The project is consistent with the 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 8 through the following actions: 1) it establishes the Village as a quality shopping, working, and living environment by providing for a multi-family for-sale product which serves to increase the type of housing options available to people seeking to reside in the downtown area, 2) it improves the pedestrian and vehicular circulation in the Village Area by limiting vehicular access to the site to one point from Roosevelt Street, thereby improving vehicular circulation in the Village, 3) it stimulates property improvements and new development in the Village by providing for an appropriate intensity of residential development that is compatible with the surrounding area which may serve as a catalyst for future redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing currently blighted apartments with an aesthetically pleasing building with attractive landscaping. DRB RES0 NO. 300 -2- 1 I 1( 11 1: 1: 1L I! 1t 1; I$ IS 2c 21 22 23 24 25 26 27 28 C. d. e. f. g* h. The project as designed is consistent with the development standards for Land Use District 8, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual. ,3 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 management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 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. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. The proposed project is consistent with the Housing Element of the General Plan, the City’s Inclusionary Housing Ordinance, and the Redevelopment Agency’s Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict one (1) dwelling unit as affordable to low income households if provided on-site and two (2) dwelling units if provided or purchased off-site. The proposed project meets all of the minimum development standards set forth in Chapter 21.45.080, and has been designed in 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, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual which serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, off-street parking, recreational facilities and other pertinent amenities. The parking is well integrated into the building and the project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. Common areas and recreational facilities are located so that they are readily accessible to the occupants of the dwelling units. The overall architecture is compatible with the surrounding area and consistent with the Village character as set forth in the Village Design Manual. DRB RES0 NO. 300 -3- 1 1 I 5 1( 13 1; 1: 14 15 IC 15 18 19 20 21 22 23 24 25 26 27 28 3. The Design Review Board hereby finds that the appropriate residential density for the 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 density designation is as follows: a. The density is compatible with the surrounding area which contains a variety of uses including residential, commercial, office, and light industrial. Residential uses in the area range from single family residential to high-density multi-family residential. Application of the RH General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. 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. The higher density designation makes it financially feasible to construct the multi-family units in today’s economy. The Village Redevelopment Area has an abundance of residential rental units, but few condominiums have been developed in the area since prior to the inception of the redevelopment plan in 1981. c. The RH General Plan density designation serves to satisfy the objectives of Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). Higher residential densities in close proximity to mixed-use areas with easy access to mass transportation promote greater jobhousing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 4. The project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that all necessary public improvements to accommodate the proposed development have been provided or are required as conditions of project approval. 5. There have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 6. All necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that all required public facilities necessary to accommodate the proposed development have been provided or are required as conditions of project approval. 7. 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; DRB RES0 NO. 300 -4- 1 r L L - 4 C - 6 i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. b. C. d. e. 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. All necessary public improvements have been provided or are required as conditions of approval. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation to provide school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 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. 8. The project is consistent with the City’s Landscape Manual. 9. 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. GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building 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 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 Major Redevelopment Permit. DRB RES0 NO. 300 -5- I I I 1( 1: 1: 1: 1L l! 1t 1; 1E IS 2c 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. 10. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major 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 Major 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. This obligation survives until all legal proceedings have been concluded and continues even if the Agency’s approval is not validated. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 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. Approval is granted for Major Redevelopment Permit RP 04-23 as shown on Exhibits A-J, dated November 21,2005, on file in the Housing and Redevelopment Department DRB RES0 NO. 300 -6- 1 1 7 - 4 < c 7 a 9 ia 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. This approval is granted subject to the approval of Tentative Tract Map No. CT 04-21 and is subject to all conditions contained in Design Review Board Resolution No. 301 for this other approval and incorporated by reference herein. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Building permits will not be issued for the 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. HOUSING CONDITIONS: 14. Prior to the approval of the final map for this project, the Developer shall enter into an Affordable Housing Agreement with the City/Agency to provide and deed restrict one (1) dwelling unit if provided on-site & two (2) dwelling units if provided or purchased off- site as affordable to lower-income households for the usehl life of the dwelling unit, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Housing and Redevelopment Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all hture owners and successors in interest. 15. The Developer shall construct or provide the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City/Agency and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. BED & BREAKFAST INN CONDITIONS: 16. All future residents of the project will be required to sign a form, separate from the CC&R’s, which acknowledges that they understand that Unit 6 has the option of being converted into a Bed & Breakfast Inn at the location. 17. A resident manager or owner must live at and be involved in the daily operation of the facility. Documents pertaining to the operation and maintenance of such facility shall be submitted for staff approval prior to Bed & Breakfast Inn occupancy. 18. No meals will be served other than for guestdmanagers staying at the facility. DRB RES0 NO. 300 -7- I ( 1( 1: 1: 1: 1‘ 1: 1C li 1E 1s 2c 21 22 23 24 25 26 27 28 19. 20. 21. 22. Exterior lighting shall be designed to limit direct light glare outside of the project site. Occupancy of guests shall be limited to a maximum of seven days. The Bed & Breakfast Inn shall be reviewed by the Housing & Redevelopment Director on a yearly basis to determine if all conditions of the Bed & Breakfast Inn use have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Housing & Redevelopment Director determines that the use has such significant adverse impacts, the Housing & Redevelopment Director shall recommend that the Design Review Board, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impact(s). This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. The Bed & Breakfast Inn shall provide complimentary valet parking service throughout the term of operation and during all hours of operation. LANDSCAPE CONDITIONS: 23. The Developer shall submit and obtain Housing & Redevelopment 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. 24. 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. 25. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. MISCELLANEOUS CONDITIONS: 26. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&& shall be submitted to and approved by the Housing and Redevelopment Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Housing & Redevelopment Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Housing and Redevelopment Director. At a minimum, the CC&Rs shall contain the following provisions: DRB RES0 NO. 300 -8- 1 I ( 1( 1; 1: 1: 1L 1: 1c 1; 18 1s 2c 21 22 23 24 25 26 27 28 27. 28. 29. 30. a. b. Th General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. Notice and Amendment. A copy of any proposed amendment shall be provided to the 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 within 30 days for the official record. s project is being approved as a condominium permit 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 requirement. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal 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 pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. 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 ador Housing and Redevelopment. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. NOTICING CONDITIONS: 31. 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 Major Redevelopment Permit and Tentative Tract Map by Resolution No. 300 and 301 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: DRB RES0 NO. 300 -9- A A t 5 1( 11 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. 33. 34. 35. 36. The developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit “A”) with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment Director. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The developer shall submit and obtain Housing & Redevelopment Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The project shall have a master cable television hookup. Individual antennas shall not be permitted. There shall be separate utility systems for each unit. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 7 Fees 1. 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. 2. The developer shall pay a landscape plan check and inspection fee as required by Section 20.080.050 of the Carlsbad Municipal Code. 3. 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 4. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance, except as otherwise specifically provided herein. 6. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. DRB RES0 NO. 300 -10- 1 1 ( 1( 11 1; 12 1f 1: 11 li 18 19 20 21 22 23 24 25 26 27 28 7. Any signs proposed for this development shall at a minimum be designed in conformance with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing & Redevelopment Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these 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 feedexactions 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 meeting of the Design Review Board of the City of Carlsbad, California, held on the 21st day of November, 2005 by the following vote to wit: AYES: NOES: None Baker, Heineman, Lawson, Marquez, Schumacher ABSENT: None ABSTAIN: None DESIGN RF-VIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 300 -1 1- EXHIBIT “A” LEGAL DESCRIPTION APN 203-1 01 -02 PARCEL (203-1 01 -02): THE NORTHEAST HALF OF LOT 26, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921.