HomeMy WebLinkAbout2006-01-23; Design Review Board; Resolution 3051 DESIGN REVIEW BOARD RESOLUTION NO. 305
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 04-24 FOR THE
4 CONSTRUCTION OF A 6,234 SQUARE FOOT, THREE-STORY, FOUR-UNIT
CONDOMINIUM ON THE PROPERTY LOCATED AT 2737 MADISON
STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE
6 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT
ZONE1.
7
CASE NAME: MADISON SQUARE
8 APN: 203-102-16
9 CASE NO: RP 04-24
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WHEREAS, Bruce B. Baker, "Applicant", has filed a verified application with the
12 Redevelopment Agency of the City of Carlsbad regarding property owned by Tamarack Park,
13 LLC, "Owner", described as Assessor Parcel Number 203-102-16, and more thoroughly
14 described in Attachment A, ("the Property"); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
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shown on Exhibits "A-E" dated January 23, 2006, on file in the Housing and Redevelopment
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, 0 Department, "Madison Square RP 04-24", as provided by Chapter 21.35.080 of the Carlsbadlo
19 Municipal Code; and
20 WHEREAS, the Design Review Board did on the 23rd day of January, 2006, hold a duly
21 noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of persons desiring to be heard, said Board considered all factors related to
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25 "Madison Square (RP 04-24)."
26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
27 follows:
28 A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Madison Square RP 04-24, based on
the following findings and subject to the following conditions:
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GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
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c . 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
6 the environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
7 Guidelines as an infill development project, hi 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.
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2. The Design Review Board finds that the project, as conditioned herein and with the
10 findings contained herein for 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 January 23, 2006 including, but
not limited to the following:
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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 the Village by providing the necessary residential support. The
16 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
17 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.
19 b. The project is consistent with Village Redevelopment Master Plan and Design
20 Manual in that the proposed project assists in satisfying the goals and objectives
set forth for Land Use District 1 through the following actions: 1) the project
provides a new residential development that will improve the physical
appearance of the village area, and 2) the building is designed in a manner that
compliments nearby residential uses by incorporating many of the same
23 architectural elements found in residential projects.
24 c. The project as designed is consistent with the development standards for Land
Use District 1, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
26 d. The existing streets can accommodate the estimated ADTs and all required
27 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
DRB RESO NO. 305 -2-
facilities have been or will be constructed to serve the proposed project. The
2 project has been conditioned to develop and implement a program of "best
management practices" for the elimination and reduction of pollutants, which
3 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
6 the City's Landscape Manual.
7 f. 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.
9 g. The proposed project is consistent with the Housing Element of the General
10 Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
Agency's Inclusionary Housing Requirement, as the Developer has been
conditioned to pay to the City an inclusionary housing in-lieu fee for four (4)
units.
13 h. 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
14 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
17 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
20 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
21 Village Design Manual.
22 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
24 designation is as follows:
25 a. The density is compatible with the surrounding area, which contains a variety of
uses including multi-family residential, single-family residential, commercial and
office. Application of the RH General Plan designation on the subject property
27 would allow for the proposed multi-family development, which is a provisional
use in District 1 and would be compatible with the mixture of surrounding uses
28 in terms of size, scale, and overall density.
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b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality, diversity,
3 and affordability of housing units within this area of the Village. The higher
density designation allows for future development that would be consistent with
4 the development in the area and the goals and objectives of the Redevelopment
Master Plan.
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. Higher residential densities in
close proximity to areas with easy access to mass transportation promote greater
job/housing balance and help solve regional issues such as reduced traffic
congestion and improved air quality.
10 4. 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.
11 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;
i -, government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
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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
1, is available, and building cannot occur within the project unless sewer service
remains available and the District Engineer is satisfied that the requirements of
17 the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
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b. AH necessary public improvements have been provided or are required as
conditions of approval.
20 c. The project has been conditioned to provide proof from the Carlsbad Unified
21 School District that the project has satisfied its obligation to provide school
facilities.
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d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
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e. The Public Facility fee is required to be paid by Council Policy No. 17 and will
25 be collected prior to the issuance of building permit.
r\s:
5. The Design Review Board has reviewed each of the exactions imposed on the Developer
27 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
28 degree of the exaction is in rough proportionality to the impact caused by the project.
DRB RESO NO. 305 -4-
1 GENERAL CONDITIONS:
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
3 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
6 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
7 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
9 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
10 Permit.
2. 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.
13 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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3. 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.
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4. If any condition for construction of any public improvements or facilities, or the payment
17 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.
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5. 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
22 members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
23 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
24 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
26 liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.
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6. The Developer shall submit to the Housing and Redevelopment Department a
2 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
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7. This approval is granted subject to the approval of Minor Subdivision 04-17 and is
subject to all conditions contained in Design Review Board Resolution No. 305 for this
other approval and incorporated by reference herein.
6 8. 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
7 format.
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9. Prior to the issuance of a building permit, the Developer shall provide proof to the
9 Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
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10. 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
12 PI311 prior to the issuance of building permits.
13 11. 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.14
,c 12. 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
16 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
17 facilities will continue to be available until the time of occupancy.
18 13. Approval is granted for Major Redevelopment Permit RP 04-24 as shown on Exhibits
19 A-E, dated January 23, 2006, on file in the Housing and Redevelopment Department
and incorporated herein by reference. Development shall occur substantially as shown
20 unless otherwise noted in these conditions.
21 HOUSING CONDITIONS:
22 14. At issuance of building permits, or prior to the approval of a final map and/or issuance of
23 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
24 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.
26 LANDSCAPE CONDITIONS;
27 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
DRB RESO NO. 305 -6-
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
2 healthy and thriving condition, free from weeds, trash, and debris.
3 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
6 20.08.050 of the Carlsbad Municipal Code.
7 MISCELLANEOUS CONDITIONS;
o0 18. The Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance of
10 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
1~ minimum, the CC&Rs shall contain the following provisions:
13 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
14 of, or in which the City has an interest.
b. 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
17 within 30 days for the official record.
18 19. This 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.
21 20. 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
22 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
24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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21. 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.
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22. Prior to occupancy of the first dwelling unit the Developer shall provide all required
2 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
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NOTICING CONDITIONS;4
r 23. 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
6 of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
7 Permit by Resolution No. 305 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
9 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
10 modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
12 ON-SITE CONDITIONS:
13 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
14 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
, g. Directors of Community Development and Housing and Redevelopment.
16 25. 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
17 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
19 Director.
20 26. 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
22 with the approved plan.
23 27. 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
24 downward and avoid any impacts on adjacent homes or property.
25 28. The project shall have a master cable television hookup. Individual antennas shall
26 not be permitted.
27 29. There shall be separate utility systems for each unit.
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1 STANDARD CODE REMINDERS:
2 The project is subject to all applicable provisions of local ordinances, including but not limited to the
3 following code requirements.
Fees
4
1. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
5 required by Chapter 20.44 of the Carlsbad Municipal Code.
6 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
11 4. The tentative map shall expire twenty-four (24) months from the date this tentative map approval
becomes final.
12
5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
13 Ordinance and all other applicable City Ordinances in effect at the time of building permit
issuance, except as otherwise specifically provided herein.
14
6. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
5 Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance with the
17 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
18 to installation of such signs.
19 ENGINEERING CONDITIONS:
20 1. Prior to the issuance of a grading permit the applicant shall obtain an administrative
approval of Minor Subdivision MS 04-17, consistent with this Major Redevelopment
Permit RP 04-24.
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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 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 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 23rd day of January, 2006 by the following vote to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Heineman, Baker, Lawson, Marquez, and Schumacher
None
None
None
(
DESIGN REVIEW BOARD
ATTEST:
BIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 305 -10-