Loading...
HomeMy WebLinkAbout2006-06-26; Design Review Board; Resolution 3091 DESIGN REVIEW BOARD RESOLUTION NO. 309 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 05-10 FOR THE 4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIX (6) CONDOMINIUM UNITS AND 1,875 SQUARE FEET OF COMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 6 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: STATE STREET MIXED USE 8 APN: 203-297-04 9 CASE NO: RP05-10 10 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified application 12 with the Redevelopment Agency of the City of Carlsbad regarding property owned by 3044 State 13 Street LLC, "Owner", described as Assessor Parcel Number 203-297-04, and more thoroughly *4 described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 16 shown on Exhibits "A-P" dated June 26, 2006, on file in the Housing and Redevelopment 17 10 Department, "State Street Mixed Use RP 05-10", as provided by Chapter 21.35.080 of the18 ] 9 Carlsbad Municipal Code; and 20 WHEREAS, the Design Review Board did on the 26th day of June, 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 23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 24 25 "State Street Mixed Use RP 05-10." 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 State Street Mixed Use RP 05-10, based on the following findings and subject to the following conditions: 3 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 4 c 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, 6 and it is therefore categorically exempt from 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 Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 9 2. The Design Review Board finds that the project, as conditioned herein with the findings 10 contained herein to grant participation in the Parking In-Lieu Fee Program 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 12 Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated June 26,2006 including, but not limited to the following: 13 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 and commercial/retail use in an appropriate location within the Village. This in turn serves to enhance and maintain the area as a residential 16 neighborhood and encourages greater residential support opportunities in the Village. By providing more residential and commercial/retail opportunities, the project helps to create a lively, interesting social environment be encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project's proximity 19 to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the 20 project will provide a strong street presence with extensive architectural relief, including outdoor decks looking out over the adjacent streets and fully enclosed 21 parking. Overall, the new residential units will enhance the Village as a place for living and working. 23 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 24 objectives set forth for Land Use District 1 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 26 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 27 by providing residential units in close proximity to both bus and rail mass transit 3) it stimulates property improvements and new development in the Village by providing for an appropriate intensity of residential development and DRB RESO NO. 309 -2- commercial/retail development that may serve as a catalyst for future 2 redevelopment in the area, 4) it improves the physical appearance of the Village Area by replacing older structures with an aesthetically pleasing building with 3 attractive landscaping. 4 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. 6 d. The existing streets can accommodate the estimated ADTs and all required 7 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 p 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 10 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 1 _ 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 ] 3 requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 14 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 j £ fire protection and other safety standards. 17 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment 18 Agency's Inclusionary Housing Requirement, as the Developer has been Q conditioned to pay to the City an inclusionary housing in-lieu fee for six (6) units. 20 3. The Design Review Board hereby finds that the appropriate residential density for the project 21 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: 23 a. The density is compatible with the surrounding area, which contains a variety of 24 uses including commercial/retail and multi-family residential. Application of the RH General Plan designation on the subject property would allow for future 25 high density residential mixed-use development, which is permitted in District 1, and would be compatible with the mixture of surrounding uses.26 27 b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, 28 and affordability of housing units within this area of the Village. The high DRB RESO NO. 309 -3- density designation allows for future development that would be consistent with 2 the development in the area and the goals and objectives of the Redevelopment Master Plan. 3 c. The RH General Plan density designation serves to satisfy the objectives of Land 4 Use District 1 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Bus & Village Coaster Station). High residential densities in close proximity to mixed-use 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. 7 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 1 o 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. 13 6. All necessary public facilities required by the Growth Management Ordinance will be 14 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. 17 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; 20 government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 21 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 23 is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of 24 the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 25 ... b. All necessary public improvements have been provided or are required as conditions of approval. 27 28 DRB RESO NO. 309 -4- c. The project has been conditioned to provide proof from the Carlsbad Unified 2 School District that the project has satisfied its obligation to provide school facilities. 3 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. e. The Public Facility fee is required to be paid by Council Policy No. 17 and will 6 be collected prior to the issuance of building permit. 7 8. The project is consistent with the City's Landscape Manual. o 9. The Design Review Board has reviewed each of the exactions imposed on the Developer 9 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 10 of the exaction is in rough proportionality to the impact caused by the project. 10. The Design Review Board finds that the Developer/Property owner qualifies to participate in , 2 the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee 13 Program is contained in the following findings: 14 a. The project is consistent with the Carlsbad General Plan because it provides for a commercial/retail use in an appropriate location within the Village. The project provides greater employment opportunities, enhances the pedestrian orientation of the area, and retains the Village character and pedestrian scale through adherence to the land use regulations and design guidelines set forth for 17 the area. 1 o10 b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that the project assists in satisfying the goals and objectives set forth for Land Use District 1 through the following actions: 1) the project provides 20 permitted commercial/retail space in a new structure; 2) the building is designed in a manner that compliments nearby residential uses by incorporating many of 21 a same architectural elements found in residential projects; and 3) the project consists of an individual building set back from the street and surrounded by an abundance of landscaping. 23 c. Adequate parking is available within the Village to accommodate the project's 24 parking demands. Based on the most recent parking study dated in February of 2006, the average occupancy for all public parking lots is 82%. This utilization 25 ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the Housing and Redevelopment Commission. 27 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing 28 and Redevelopment Commission. DRB RESO NO. 309 -5- 1 GENERAL CONDITIONS; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 building permits. 4 l. 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 o, 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 12 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. 14 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. 16 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 19 unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 20 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 21 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. This obligation survives until all legal proceedings have been 27 concluded and continues even if the Agency's approval is not validated. 28 DRB RESO NO. 309 -6- 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. 7. 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. 6 8. 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 7 provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required 9 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10 10. Approval is granted for Major Redevelopment Permit RP 05-10 as shown on Exhibits A-P, dated June 26, 2006, on file in the Housing and Redevelopment Department and 12 incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. 12. Building permits will not be issued for the project unless the local agency providing water 16 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 17 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. 19 HOUSING CONDITIONS; 20 13. 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 22 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 23 time, as established by City Council Resolution from time to time. 24 LANDSCAPE CONDITIONS; 25 14. The Developer shall submit and obtain Housing & Redevelopment Director approval of a 26 Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and 27 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.28 DRB RESO NO. 309 -7- 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 16. Developer shall pay a landscape plan check and inspection fee as required by Section 4 20.08.050 of the Carlsbad Municipal Code. 5 MISCELLANEOUS CONDITIONS: 6 17. The Developer shall establish a homeowner's association and corresponding covenants, 7 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 ° 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 10 minimum, the CC&Rs shall contain the following provisions: 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 of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 14 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. 18. This project is being approved as a condominium permit for residential homeownership 17 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 18 requirement. 19 19. 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 21 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 22 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. 24 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 25 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Redevelopment. 26 21. 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 28 recreational facilities. DRB RESO NO. 309 -8- 1 2 NOTICING CONDITIONS: 3 22. 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 4 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 by Resolution No. 309 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 9 successor in interest. 10 QN-SITE CONDITIONS: 23. The developer shall construct trash receptacle and recycling areas as shown on the site 12 PIan (Exhibit "B") with gates pursuant to the City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the 13 Housing & Redevelopment Director. Enclosure shall be of similar colors and/or materials of the project and subject to the satisfaction of the Housing & Redevelopment 14 Director. 24. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 16 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter 17 comply with the approved plan. 18 25. The developer shall submit and obtain Housing & Redevelopment Director approval of 19 an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20 26. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 22 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 23 27. Prior to issuance of the building permit, the Developer shall enter into a Parking In- 24 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for six (6) parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces 26 needed to satisfy the commercial/retail component of the project's parking requirement (6 spaces total). 27 28. The project shall have a master cable television hookup. Individual antennas shall not be permitted. DRB RESO NO. 309 -9- 27 28 1 2 29. There shall be separate utility systems for each unit. 3 30. Building materials identified in acoustical study prepared by Mestre Greve Associates shall be used in the building construction in order to reduce noise levels to an acceptable level. 31. Solid masonry walls shall be installed along all common lot lines that adjoin an 6 existing residential use. 7 32. Subject to final approval by the Housing & Redevelopment Director, developer shall provide additional building articulation and/or architectural enhancement to the southern elevation of the building fronting State Street and shall provide additional enhanced paving treatment to the motor court driveway leading to the residential entries. 10 STANDARD CODE REMINDERS; 11 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 13 Fees 14 33. 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. 16 34. The developer shall pay a landscape plan check and inspection fee as required by Section 1 7 20.080.050 of the Carlsbad Municipal Code. 35. 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 20 of the City Engineer. 21 General 22 36. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final.23 VV 24 37. 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 25 building permit issuance, except as otherwise specifically provided herein. 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. DRB RESO NO. 309 -10- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. 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. DRB RESO NO. 309 -11- 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, 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 26th day of June, 2006 by the following vote to wit: AYES: HEINEMAN, LAWSON, AND SCHUMACHER NOES: NONE ABSENT: BAKER AND MARQUEZ ABSTAIN: NONE rOl TRTNFYHEINFM AN DESIGN REVIEW BOARD ERSON ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 309 -12-