HomeMy WebLinkAbout2006-06-26; Design Review Board; Resolution 311DESIGN REVIEW BOARD RESOLUTION NO. 311
1
? A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF CARLSBAD TRACT NUMBER CT 05-02 TO
SUBDIVIDE .28 ACRES INTO SIX (6) CONDOMINIUM UNITS
4 AND 1,875 SQUARE FEET OF COMMERCIAL/RETAIL SPACE
ON THE PROPERTY LOCATED AT 3044 STATE STREET IN
5 LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT
AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
6 CASE NAME: STATE STREET MIXED USE
CASE NO.: CT 05-02
7
WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified
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application with the Housing and Redevelopment Agency of the City of Carlsbad regarding
10 property owned by 3044 State Street LLC, "Owner", described as Assessor Parcel Number
! j 203-297-04 and more thoroughly described in Attachment A ("the Property"); and
12 WHEREAS, said verified application constitutes a request for a Tentative Tract
13 Map as shown on Exhibit(s) "A-P" dated June 26, 2006, on file in the Housing and
14 Redevelopment Department as "State Street Mixed Use RP 05-10/CDP 05-42/CT 05-02", as
15 provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
16 WHEREAS, the Design Review Board did, on the 26th day of June, 2006, hold a
duly noticed public hearing as prescribed by law to consider said request; and
18 WHEREAS, at said public hearing, upon hearing and considering all testimony
19 and arguments, if any, of persons desiring to be heard, said Board considered all factors
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relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
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of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Design Review
25 Board RECOMMENDS APPROVAL of State Street Mixed Use CT 05-02,
based on the following findings and subject to the following conditions:jL\$
27 Findings:
2g 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
20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will
2 not cause serious public health problems.
- 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are located within Land Use District 1 of the Village
4 Redevelopment Area and the intent of the Village Master Plan is to reinforce the
pedestrian environment, encourage mutually supportive use and provide a major
5 activity focus for Carlsbad Village and the City as a whole.
6 3. 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
7 density proposed, in that the development is consistent with the RH density
designation which has been assigned to the property based on the following
8 findings:
9 a. The density is compatible with the surrounding area, which contains
,„ residential and commercial/retail uses. Application of the RH General Plan
designation on the subject property would allow for future high density
jl residential mixed-use development, which is permitted in District 1, and
would be compatible with the mixture of surrounding uses.
12
b. The RH General Plan density designation serves to satisfy the goals of the
13 Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within this area of the Village.
14 The high density designation allows for future development that would be
consistent with the goals and objectives of the Redevelopment Master
15 Plan.
c. The RH General Plan density designation serves to satisfy the objectives of
17 Land Use District 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Bus & Village
18 Coaster Station). High residential densities in close proximity to mixed-
use areas with easy access to mass transportation promote greater
19 job/housing balance and help solve regional issues such as reduced traffic
congestion and improved air quality.
20
4. That the design of the subdivision or the type of improvements will not conflict with
21 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
22 that the property has frontage on State Street and there are no easements
granting access through the property to others.
24 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
25 6. That the design of the subdivision provides, to the extent feasible, for future passive or
26 natural heating or cooling opportunities in the subdivision.
27 7. 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
28 housing needs against the public service needs of the City and available fiscal and
environmental resources.
DRBRESONO. 311 -2-
8. That the design of the subdivision and improvements are not likely to cause substantial
2 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
3 Resources has found do not have a significant impact on the environment, and it
is therefore categorically exempt from the requirement for preparation of
4 environmental documents pursuant to Section 15332 of the State CEQA
Guidelines as an infill development project. Therefore, the Design Review Board
5 finds that there is no substantial evidence the project will have a significant effect
on the environment.6
9. 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.
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10. The Design Review Board finds that the project, as conditioned herein, is in
10 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
11 the staff report dated June 26, 2006 including, but not limited to the following: the
project will provide for a permitted mixed-use development (multi-family
12 residential and retail commercial) in an appropriate location within Land Use
District 1 of the Village Redevelopment Area.13
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the
14 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
1" 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
jg requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
19 b. Statutory School fees will be paid to ensure the availability of school facilities in
20 the Carlsbad Unified School District.
21 c. Park-in-lieu fees are required as a condition of approval.
22 d. All necessary public improvements have been provided or are required as
conditions of approval.
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e. The developer has agreed and is required by the inclusion of an appropriate
24 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
25 concurrent with need as required by the General Plan.
26 12. 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
27 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
28 public facilities and will mitigate any cumulative impacts created by the project.
DRBRESONO. 311 -3-
13. This project has been conditioned to comply with any requirement approved as part of
2 the Local Facilities Management Plan for Zone 1 .
3 Conditions:
4 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.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
6 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
7 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 all8 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
in interest by the City's approval of this Major Redevelopment Permit and Tentative1U Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all
12 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.
13 Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
14 approval.
15 3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances 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 Code18 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.
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
members, officers, employees, agents, and representatives, from and against any and
22 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
23 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
24 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
25 from the emission by the facility of electromagnetic fields or other energy waves or
emissions.26
6. 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.
DRBRESONO. 311 -4-
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the School District that this project has satisfied its obligation to provide
school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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9. Building permits will not be issued for this project unless the local agency providing
6 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
7 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
8 shall be placed on the Final Map.
9 Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
j ^ approval of this proposed tentative map, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
12 General
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10. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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11. Prior to issuance of any building permit, Developer shall comply with the requirements of
16 the City's anti-graffiti program for wall treatments if and when such a program is formally
established by the City.
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12. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
^ recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
2Q among the owners of the properties within the subdivision.
2i 13. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
22 14. There shall be one Final Map recorded for this project.
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Fees/Agreements
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15. Developer shall cause property owner to execute and submit to the City Engineer for
25 recordation the City's standard form Drainage Hold Harmless Agreement.
26 16. 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
27 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.
DRBRESONO. 311 -5-
2 Grading
2 17. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required. Developer shall apply for and
4 obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
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Dedications/Improvements
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18. Additional drainage easements may be required. Developer shall dedicate and provide
7 or install drainage structures, as may be required by the City Engineer, prior to or
concurrent with any grading or building permit.
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19. Developer shall provide the design of all private drainage systems to the satisfaction of
9 the City Engineer. All private drainage systems shall be inspected by the City.
Developer shall pay the standard improvement plancheck and inspection fees.
20. Prior to issuance of building permits, Developer shall remove existing
obstructions, from existing overhead utilities, to the proposed access driveway at
12 the northerly subdivision boundary.
13 21. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
14 the tentative map and the following improvements including, but not limited to (paving,
base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing,
15 undergrounding or relocation of utilities, sewer, water, fire hydrants, and street lights, to
City Standards to the satisfaction of the City Engineer. The improvements are:
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a) Sewer line in existing alley northerly of the site.
17 b) Repair existing street and alley improvements abutting the
subdivision as directed by the city engineer or his representative.18
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
20 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
21 22. Developer shall have the entire drainage system designed, submitted to and approved
22 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
23 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
24 detention basin capacities necessary to accomplish the desired results.
25 23. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
26 pursuant to best management practices as referenced in the "California Storm Water
Best Management Practices Handbook" to reduce surface pollutants to an acceptable
27 level prior to discharge to sensitive areas. Plans for such improvements shall be
submitted to and subject to the approval of the City Engineer. Said plans shall include
28 but not be limited to notifying prospective owners and tenants of the following:
DRBRESONO. 311 -6-
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
4 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
5 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
6 Federal, State, County and City requirements as prescribed in their respective
containers.
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C. Best Management Practices shall be used to eliminate or reduce surface
8 pollutants when planning any changes to the landscaping and surface
improvements.
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24. Prior to the issuance of grading permit or building permit, whichever occurs first,
10 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
13 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:
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a. identify existing and post-development on-site pollutants-of-concern;
15 b. identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
16 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
17 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.
22 25. Developer shall install street lights along all public and private street frontages abutting
and/or within the subdivision boundary in conformance with City of Carlsbad Standards.
23
26. Developer shall install wheelchair ramps at the public street corners abutting the
subdivision in conformance with City of Carlsbad Standards.
25 Final Map Notes
27. Developer shall show on Final Map the net developable acres for each parcel.
27 28. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
28 A. All improvements are privately owned and are to be privately maintained with the
DRBRESONO. 311 -7-
1 exception of the following:
2 1. Sewer line in existing alley northerly of the site.
3 2. Repairs of existing street and alley improvements abutting
the subdivision.
4
B. Building permits will not be issued for development of the subject property unless
5 the appropriate agency determines that sewer and water facilities are available.
6 Utilities
7 29. 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,
8 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
9 satisfaction of the District Engineer.
30. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
,. for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
12 31. The Developer shall install (potable water and/or recycled water services) and meters at
13 a location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
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32. The Developer shall install sewer laterals and clean-outs at a location approved by the
15 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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33. The Developer shall design and construct public sewer facilities substantially as shown
17 on the Tentative Map to the satisfaction of the District Engineer. Proposed public
facilities shall be reflected on public improvement plans.
18
34. The Developer shall provide separate potable water meters for each separately owned
19 unit.
90^u 35. This project is approved upon the express condition that building permits will not be
^ issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
22 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
23 36. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure
24 that adequate capacity, pressure, and flow demands can be met to the satisfaction of
the District Engineer.
25
Code Reminder
26
The project is subject to all applicable provisions of local ordinances, including but not limited to
27 the following:
28 37. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
DRBRESONO. 311 -8-
38. 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.
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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 26th day of June /, by the
following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
HEINEMAN, LAWSON AND SCHUMACHER
NONE
BAKER AND MARQUEZ
NONE
COURTNB
DESIGN REVIEW BOARD
emiRPERSON
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 311 -10-