HomeMy WebLinkAbout2006-11-13; Design Review Board; Resolution 316DESIGN REVIEW BOARD RESOLUTION NO. 316
1
, A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF CARLSBAD TRACT NUMBER CT 06-01 TO
SUBDIVIDE .31 ACRES INTO FIVE (5) CONDOMINIUM UNITS
4 ON THE PROPERTY LOCATED AT 735 LAGUNA DRIVE IN
LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT
5 AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1
INCLUDING A VARIANCE FOR A REDUCTION IN DRIVEWAY
6 WIDTH.
CASE NAME: LAGUNA CONDOMINIUMS
7 CASE NO.: CT 06-01
8 WHEREAS, Robert Dulich, "Applicant", has filed a verified application with the
9 Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by
Rudy C. Zavalani & Cheryl L. Zavalani, "Owner", described as Assessor Parcel Number
11 203-110-42 & 203-110-43 and more thoroughly described in Attachment A ("the Property");
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and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
14
Map as shown on Exhibit(s) "A-O" dated November 13, 2006, on file in the Housing and
Redevelopment Department as "Laguna Condominiums RP 06-01/CT 06-01", as provided bylo
17 Chapter 21.35.080 of the Carlsbad Municipal Code; and
lg WHEREAS, the Design Review Board did, on the 13th day of November, 2006,
19 hold a duly noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of persons desiring to be heard, said Board considered all factors
22 relating to the Tentative Tract Map.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
24 of the City of Carlsbad as follows:
25 A) That the foregoing recitations are true and correct.
*yf\B) That based on the evidence presented at the public hearing, the Design Review
27 Board RECOMMENDS APPROVAL of Laguna Condominiums CT 06-01,
based on the following findings and subject to the following conditions:
28
Findings:
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
not cause serious public health problems.
4 2. That the proposed project is compatible with the surrounding future land uses since
5 surrounding properties are located within Land Use District 8 of the Village
Redevelopment Area and the intent of the Village Master Plan is to transition into
6 a relatively dense urban residential neighborhood with a Village scale and
character.
7
3. That the site is physically suitable for the type and density of the development since the
8 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
1Q findings:
a. The density is compatible with the surrounding area, which contains a
variety of uses including single-family and multi-family residential.
12 Application of the RH General Plan designation on the subject property
would allow for future high density multi-family residential development,
13 which is permitted in District 8, and would be compatible with the mixture
of surrounding uses in terms of size, scale, and overall density.
14
b. The RH General Plan density designation serves to satisfy the goals of the
15 Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within this area of the Village.
16 The high density designation allows for future development that would be
1 _ consistent with the development in the area and the goals and objectives
of the Redevelopment Master Plan.
18 c. The RH General Plan density designation serves to satisfy the objectives of
19 Land Use District 8 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Bus & Village
20 Coaster Station). Higher residential densities in close proximity to areas
with easy access to mass transportation promote greater job/housing
21 balance and help solve regional issues such as reduced traffic congestion
and improved air quality.
4. 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 Laguna Drive and Madison Street and there are
25 no easements granting access through the property to others.
26 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
27
6. That the design of the subdivision provides, to the extent feasible, for future passive or
28 natural heating or cooling opportunities in the subdivision.
DRBRESONO. 316 -2-
7. That the Design Review Board has considered, in connection with the housing
2 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
3 environmental resources.
4 8. 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
5 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
6 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. Therefore, the Design Review Board
finds that there is no substantial evidence the project will have a significant effect
8 on the environment.
g
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.
12 10. 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
13 Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated November 13, 2006 including, but not limited to the following: the
14 project will provide for a permitted residential development in an appropriate
location within Land Use District 8 of the Village Redevelopment Area.
16
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11. 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
20 requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
21 b. Statutory School fees will be paid to ensure the availability of school facilities in
22 the Carlsbad Unified School District.
23 c. Park-in-lieu fees are required as a condition of approval.
24 d. All necessary public improvements have been provided or are required as
conditions of approval.
25
e. The developer has agreed and is required by the inclusion of an appropriate
26 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
27 concurrent with need as required by the General Plan.
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
DRBRESONO. 316 -3-
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.
13. This project has been conditioned to comply with any requirement approved as part of
4 the Local Facilities Management Plan for Zone 1.
5 Conditions:
6 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.
7
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
8 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.
2. Staff is authorized and directed to make, or require the Developer to make, all
14 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.
15 Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
16 approval.
17 3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
18
4. If any condition for construction of any public improvements or facilities, or the payment
19 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.
22 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
23 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and
24 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
25 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
26 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.28
DRBRESONO. 316 -4-
1 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the
2 (Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body.
3
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
4 Director from the School District that this project has satisfied its obligation to provide
school facilities.
5
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7
9. Building permits will not be issued for this project unless the local agency providing
8 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
9 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
10 shall be placed on the Final Map.
Engineering Conditions:
12
General
13
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.
15
11. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
16 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, storm drain and water quality
17 facilities located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within the subdivision.18
12. There shall be one Final Map recorded for this project.
20 13. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. The limits of these sight distance corridors shall be
21 reflected on any improvement, grading, or landscape plan prepared in association
with this development.
22
Fees/Agreements
23
14. Developer shall cause property owner to execute and submit to the City Engineer for
24 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
25
15. Developer shall cause property owner to execute and submit to the City Engineer for
26 recordation the City's standard Encroachment Agreement for any enhanced concrete
within the public right-of-way.
16. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Laguna Drive along
the subdivision frontage for a half street width of 30 feet. Public improvements
DRBRESONO. 316 -5-
1 shall include but are not limited to paving, base, sidewalks, curb and gutters,
2 grading, clearing and grubbing, undergrounding or relocation of utilities.
3 17. 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
4 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
5 additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
6
Grading
7
18. Based upon a review of the proposed grading and the grading quantities shown on the
8 Tentative Map, a grading permit for this project is required. Developer shall apply for
and obtain a grading permit from the City Engineer.
Dedications/improvements
,, 19. 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
12 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.
13 Streets that already public are not required to be rededicated.
14 20. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall
15 conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
16 improvement plancheck and inspection fees.
17 21. Developer shall execute and record a City standard Subdivision Improvement
Agreement to install and secure with appropriate security as provided by law, public
18 improvements shown on the Tentative Map and the following improvements including,
but not limited to paving, base, signing and striping, sidewalks, curbs and gutters,
^•9 grading, clearing and grubbing, 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:
21 a) Half-street improvements to Madison Street as shown on the
22 Tentative Map.
b) Stripe the intersection of Madison Street and Laguna Drive to create
23 a right angle intersection to the satisfaction of the City Engineer.
24 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
25 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
26
22. Developer shall cause Owner to waive direct access rights on the final map for all lots
27 abutting Laguna Drive.
28 23. Laguna Drive and Madison 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
DRBRESONO. 316 -6-
City of Carlsbad Standards. No interlocking pavers will be constructed within the
2 right-of-way.
3 24. Developer shall coordinate with the City of Carlsbad Streets Department and
comply with the City tree policy regarding any removals of trees within public
4 right-of-way.
5 25. 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
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
7 conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
8
26. Prior to the issuance of grading permit or building permit, whichever occurs first,
9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
10 Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region
,1 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
12 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
13 a. identify existing and post-development on-site pollutants-of-concern;
14 b. identify the hydrologic unit this project contributes to and impaired water bodies that could
be impacted by this project;
15 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
16 before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special considerations
1' and effort shall be applied to resident 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
1 g 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.
20 Final Map Notes
21 27. Developer shall show on Final Map the net developable acres for each parcel.
22
28. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
23
A. All improvements are privately owned and are to be privately maintained with the
24 exception of the following:
25 1. Public street, sewer and water improvements.
26 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. 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
DRBRESONO. 316 -7-
and subsequent damage that may occur on, or adjacent to, this subdivision due to
its construction, operation or maintenance.
Special Conditions
4 29. 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
5 and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
6
Sewer/Water
7
30. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
8 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
9 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.10
31. 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.
32. The Developer shall install (potable water and/or recycled water services) and meters at
a location approved by the District Engineer. The locations of said services shall be
14 reflected on public improvement plans.
15 33. 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
16 improvement plans.
17 34. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
18 Engineer. Proposed public facilities shall be reflected on public improvement plans.
19 35. The Developer shall provide separate potable water meters for each separately owned
unit.
20
36. This project is approved upon the express condition that building permits will not be
21 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
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
23 37. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
24 potable water, recycled water, and sewer system shall be evaluated in detail to ensure
that adequate capacity, pressure, and flow demands can be met to the satisfaction of
25 the District Engineer.
26 38. The Developer shall coordinate with the District Engineer regarding the looped system
and easements.
27
28 39. Prior to Final Map approval, Developer shall install potable water meter(s) for residential
use and 1 irrigation meter to irrigate the common areas (Homeowner's Association).
DRBRESONO. 316 -8-
1
2 Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
4 40. The tentative map shall expire twenty-four (24) months from the date this tentative map
5 approval becomes final.
6 41. 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
7 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees,
3 dedications, reservations, or other exactions hereafter collectively referred to for
convenience as "fees/exactions."4
5 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
6 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
1 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.
8
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
10 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
11 which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review
14 Board of the City of Carlsbad, California, held on the 13th day of November, by the
15 following vote to wit:
16 AYES: BAKER, HAMILTON, HEINEMAN, LAWSON AND
17 SCHUMACHER
18 NOES: NONE
19 ABSENT: NONE
ABSTAIN: NONE20
21
22 COURTf
23 DESIGN REVIEW BOARD
24 ATTEST:
25 Q26 DEBBIE FOUNTAIN
27 HOUSING AND REDEVELOPMENT DIRECTOR
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