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HomeMy WebLinkAbout2005-11-21; Design Review Board; Resolution 301I ( 1( 1’ 1: 1: 11 I! It 1; 12 IS 2c 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 301 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE .464 ACRES INTO NINE (9) CONDOMINIUM UNITS WITH THE OPTION TO INCLUDE ONE (1) BED & BREAKFAST INN ON PROPERTY LOCATED AT 2683 & 2687 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE TOWNHOMES APPROVAL OF CARLSBAD TRACT NUMBER CT 04-21 TO CASE NO.: CT 04-21 WHEREAS, David Lee Soanes, “Applicant”, has filed a verified application with the Housing and 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 verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A3” dated November 21, 2005, on file in the Housing and Redevelopment Department as “Carls bad Village Townhomes RP 04-23/CT 04-21 ”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 2Ist 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 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 Carlsbad Village Townhomes CT 04- 21, based on the following findings and subject to the following conditions: Findinas: 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 I 1( 1: 1: 1: 11 1: 1t 1; 18 1s 2c 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. a. 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 8 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 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 8 by increasing the number of residential 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 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 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 form the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA DRB RES0 NO. 301 -2- I t t 1( 1: 1: 1: If 1: 1t 1; 1E 1s 2c 21 22 23 24 25 26 27 28 9. IO. 11. 12. 13. Guidelines as an infill development project. Therefore, 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 November 21, 2005 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 8 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 I, 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. DRB RES0 NO. 301 -3- 1 1 ( 1( 11 1: 1: 1L 1: 1C li 16 1s 2G 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 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 I Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. DRB RES0 NO. 301 -4- 1 2 1 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 9. 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. 10. Approval of CT04-21 is granted subject to the approval of RP04-23. 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 issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 3. There shall be one Final Map recorded for this project. 4. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. Fees/Ameements 5. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 6. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 7. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 8. DRB RES0 NO. 301 -5- Based upon a review of the proposed grading and the grading quantities shown on the tentative 1 I ! 1( 11 1; 1: 1f 1: It li 18 1s 2a 21 22 23 24 25 26 27 28 map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit fiom the City Engineer. Dedicationdm Drovem ents 9. 10. 1. 2. 3. 4. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to (paving, base, signing and striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, stormwater treatment facilities and retaining walls), to City Standards to the satisfaction of the City Engineer. The improvements are: a) Developer shall construct new curb, gutter and sidewalk as necessary across the frontage of Roosevelt Street to meet current City standards to the satisfaction of the City Engineer. Developer to construct a new fire hydrant as shown. 6) A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Roosevelt Street shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: DRB RES0 NO. 301 -6- d A t t 5 1( 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. identify existing and post-development on-site pollutants-of-concem; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Final Mav Notes 1. Developer shall show on Final Map the net developable acres for each parcel. 2. 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. 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 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. SDecial Conditions 1. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Carlsbad MuniciDal Water District Conditions 2. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 3. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. DRB RES0 NO. 301 -7- I L L 1 t 1 1 5 1( 11 1; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. Ill Ill Ill Ill Ill 111 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 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 Countv Water Authority caDacitv charae(s1 prior to issuance of Building Permits. The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water and sewer facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. The Developer shall provide separate potable water meters for each separately owned unit. DRB RES0 NO. 301 -8- 1 I 1( 11 1: 1: 1f 1: 1c 1; 1E 1s 2c 21 22 23 24 25 26 27 28 NOTICE Please take DTICE that approval of your project includes the “llnposl.,.m” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feedexactions . ” You have 90 days fkom 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 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 meeting of the Design Review Board of the City of Carlsbad, California, held on the 21“ day of November, 2005 by the following vote to wit: AYES: NOES: None Baker, Heineman, Lawson, Marquez, Schumacher ABSENT: None ABSTAIN: None b -T cor ERSON DESIGN REVIEW BOARD ATTEST: n. n .. P DEBBIE FOUNf‘AIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 301 -9- LEGAL DESCRIPTION APN 203-1 01 -02 PARCEL (203-101-02): 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.