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HomeMy WebLinkAbout2007-02-26; Design Review Board; Resolution 3171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 arguments, if any, of persons desiring to be heard, said Board considered all factors relating to WHEREAS, at said public hearing, upon hearing and considering all testimony and 23" DESIGN REVIEW BOARD RESOLUTION NO. 317 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A REQUEST TO AMEND MAJOR REDEVELOPMENT PERMIT NUMBER RP 04-04 TO ALLOW A PREVIOUSLY APPROVED TWO-STORY, 11- UNIT AFFORDABLE APARTMENT PROJECT BE CONSTRUCTED AS A CONDOMINIUM PROJECT ON PROPERTY LOCATED AT 2578 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME ROOSEVELT GARDEN CONDOMINIUMS APN. 203-102-33 CASE NO: RP 04-04A WHEREAS, San Diego Habitat for Humanity, "Developer", has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by the Carlsbad Redevelopment Agency, and known as Assessor Parcel Number 203-102-33 ("the property"); and WHEREAS, said application constitutes a request to amend Major Redevelopment Permit RP 04-04 to allow a previously approved two-story, 11-unit affordable apartment project be constructed as a condominium project, as shown on Exhibits "A-l", dated February.26, 2007, on file in the Housing and Redevelopment Department, "Roosevelt Garden Condominiums RP 04-04A / CT 06-18", as provided by Chapter 21.35080 of the Carlsbad Municipal Code, and WHEREAS, the Design Review Board did on the 26th day of February, 2007, hold a duly noticed public hearing as prescribed by law to consider said request; and 24 "Roosevelt Garden Condominiums RP 04-04A/ CT 06-18' 25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 26 follows 27! A That the foregoing recitations are true and correct 28" 1 B That based on the evidence presented at the public hearing, the Design Review 2 Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums RP 04- 3 04A / CT 06-18, based on the following findings and subject to the following 4 conditions 5 GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 6 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, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA 9 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. 2. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for 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 Master Plan and Design Manual based on the facts set forth in the staff reports dated February 26, 2007 14 including, but not limited to the following 15 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- 16 .family residential use in an appropriate District within the Village. This enhances and maintains the area as a residential neighborhood and encourages greater residential support opportunities in the Village. By providing more residential opportunities, the project helps to create a lively, interesting social environment by encouraging more of a 24-hour life in the Village, which provides the necessary customer base to attract complementary commercial uses. The project design serves to reinforce 20 the pedestrian-orientation desired for the downtown area by providing street improvements along Roosevelt Street. 21 b. The project is consistent with the Village Redevelopment Plan in that: 1) it 22 establishes the Village as a quality shopping, working, and living environment by providing for a multi-family condominium project which serves to increase the 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 by providing for sidewalks along the front of 25 the property, 3) it stimulates property improvements and new development in the Village through the development of a highly visible site which may 26 serve as a catalyst for future redevelopment in the area, and 4) it improves the physical appearance of the Village Area by replacing a currently 27 underdeveloped site with an aesthetically pleasing set of buildings, landscaping, and other site improvements. 28 DRBRESONO 317 -2- 1 c. The project as designed is consistent with the land use plan, development standards for Land Use District 8 (with the exception of the appropriate standard modifications outlined in the staff report dated February 26, 2007), design guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual. 4 The existing streets can accommodate the estimated ADTs and all required 5 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 6 have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building 7 design, landscaping, and hardscape. Public 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 management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 10 e. The proposed project will not have an adverse impact on any open space 11 within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for a multi-family project. The project is also 12 consistent with the Open Space requirements for new development within the Village Redevelopment Area and the City's Landscape Manual. 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. 16 g. The proposed project is consistent with the Housing Element of the General Plan, the City's Inclusionary Housing Ordinance, and the 17 Redevelopment Agency's Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict eleven (11) dwelling units as affordable to very low income households for forty-five (45) years. h The proposed project meets all of the minimum development standards set forth in Carlsbad Village Redevelopment Master Plan and Design Manual with the exception of the justifiable standards modifications outlined in the report to the Design Review Board dated February 26, 2007 as permitted by 22 Carlsbad Municipal Code Section 21.53.120. The building has been designed in accordance with the concepts contained in the Design 23 Guidelines Manual, in that the overall plan for the project is comprehensive and incorporates many of the architectural features of surrounding 24 developments. The buildings, landscaping, and on-site amenities all conform to the Village Redevelopment Master Plan and Design Manual, 25 which serves as the adopted land use plan for the area. The overall plan for the project provides for adequate usable open space, circulation, and off-street parking. The parking is well integrated into the project. The 27 project is compatible with surrounding land uses and will not negatively impact circulation patterns in the area. The overall architecture is 28 compatible with the surrounding area and consistent with the Village DRBRESONO 317 -3- 1 character as set forth in the Village Design Manual. 3. The Design Review Board hereby finds that the appropriate residential density for the o 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 4 density designation is as follows 5 a. The proposed project density is compatible with the surrounding area which contains a variety of uses such as high-density residential, 6 commercial office and a trailer park. Residential uses in the area are predominantly high-density multi-family residential. Application of the RH 7 General Plan designation on the subject property allows for the construction of a project that is compatible with the mixture of surrounding uses in terms of size, scale, and overall density. b. The RH General Plan density designation serves to satisfy the goals of the Village Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of housing units within the Village. The higher density designation makes it financially feasible to construct multi-family condominium units in today's economy, this will be the first deed 12 restricted affordable housing development in the Village Redevelopment Area for very low income households. 13 c. The RH General Plan density designation serves to satisfy the objectives of 14 Land Use District 8 by increasing the number of residential units in close proximity to shops, restaurants, and mass transportation (Village Transit Station and Bus Stops). Higher 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 17 congestion and improved air quality. 18 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 approval. 21 There have been sufficient developments approved in the quadrant at densities below the 22 control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit 24 6 All necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 25 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. 27 The project is consistent with the City-wide Facilities and Improvements Plan, the Local 28 Facilities Management Plan for Zone 1, and all City public facility policies and DRBRESONO. 317 -4- 1 ordinances. The project includes elements or has been conditioned to construct or 2 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 3 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 4 Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified 6 School District that the project has satisfied its obligation to provide school facilities. 7 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to the issuance of building permit. 9 ,''!•c. The Public Facility fee is required to be paid by Council Policy No. 17 and 10 will be collected prior to the issuance of building permit. 11 8 The project is consistent with the City's Landscape Manual. 12 9 The Design Review Board has reviewed each of the exactions imposed on the Developer 1., 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 14 degree of the exaction is in rough proportionality to the impact caused by the project. 15 GENERAL CONDITIONS: 16 Note. Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits.17 ; ; •• 1 If any of the following conditions fail to occur; or if they are, by their terms, to be 18 implemented and maintained over time, if any of such conditions fail to be so , g implemented 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 2Q of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of 21 violation on the property title;, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are 22 gained by Developer or a successor in interest by the City's/Agency's approval of this Major Redevelopment Permit. 23 2 Staff is authorized and directed to make, or require the Developer to make, all 24 corrections and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on 25 the project Development shall occur substantially as shown on the approved Exhibits Any proposed development different from this approval, shall require an amendment to 26 this approval 27 3 The Developer shall comply with all applicable provisions of federal, state, and local „„ ordinances in effect at the time of building permit issuance. DRBRESONO. 317 -5- 1 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code , Section 66020 If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the 4 project without the condition complies with all requirements of law 5 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 6 members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and 7 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 issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility, permitted hereby,, including without limitation, any and all liabilities;\arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have , been concluded and continues even if the Agency's approval is not validated 12 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the 13 _ conditions approved by the final decision making body 14 7 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" bluelme drawing 15 format. 16 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 17 provide school facilities. 19 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 Plan prior to the issuance of building permits 20 10. This approval is granted subject to the approval of CT 06-18 and is subject to all conditions contained in Design Review Board Resolution No. 318 for those other approvals incorporated herein by reference 22 11 This approval shall become null and void if building permits are not issued for this 23 project within 24 months from the date of project approval 24 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 25 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 26 facilities will continue to be available until the time of occupancy 27 13. Approval is granted for Redevelopment Permit RP 04-04A as shown on Exhibits A - I, dated February 26, 2007, on file in the Housing and Redevelopment Department and DRBRESONO 317 -6- incorporated herein by reference Development shall occur substantially as shown unless otherwise noted in these conditions 3 HOUSING CONDITIONS: 14 Prior to the approval of the first building permit for this project, the Developer shall enter into an Affordable Housing Agreement with the City/Agency to provide and deed restrict 11 dwelling units as affordable to low-income households for 45 years, in accordance with the requirements of California Redevelopment Law and the 6 processes of the Carlsbad Municipal Code The draft Affordable Housing Agreement and site plan shall be submitted to the Housing and Redevelopment Director no later 7 than 60 days prior to the request to issue the first building permit The recorded Affordable Housing Agreement shall be binding on all future owners and successors in ° interest g 15 This project is being identified as a Combined Inclusionary Housing Project per Section 21.85.80 of the Carlsbad Municipal Code. Future market rate developers will be able to purchase affordable housing credits in the subject project in order to satisfy their own inclusionary housing requirement, subject to the review and approval of the City Council. All agreements between parties to form a combined 12 inclusionary housing project shall be made a part of the affordable housing agreement required for the site(s), which affordable housing agreement(s) shall be 13 approved by Council. 14 LANDSCAPE CONDITIONS: 16 The Developer shall submit and obtain Housing and Redevelopment Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual The 17 Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, 18 trash, and debris. 19 17. 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 20 the project's building, improvement, and grading plans. 21 MISCELLANEOUS CONDITIONS: 22 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 24 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 25 Department of Real Estate and the Housing and Redevelopment Director. At a minimum, the CC&Rs shall contain the following provisions 27 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 28 of, or in which the City has an interest DRBRESONO. 317 -7- 1 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 3 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 4 19. This project is being approved as a condominium permit for residential homeownership 5 purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days The CC&Rs for the project shall include this requirement 20 Prior to issuance of building permits, the Developer shall submit to the Housing & Redevelopment Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 10 21 Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #1,7, the License Tax on new construction imposed by Carlsbad Municipal Code Section 11 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 12 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit If the taxes/fees are not paid, 13 this approval will not be consistent with the General Plan and shall become void. 14 22. 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 Redevelopment16 ,_ 23 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 I o recreational facilities 19 24 Developer shall display a current Zoning and Land Use Map, or an alternative, suitable the Housing & Redevelopment Director, in the sales office at all times. All sales 20 maps that are distributed or made public shall include but not be limited to trails, future and existing schools, parks and streets. 21 25 Developer shall post a sign in the sales office in a prominent location that discloses 22 which special districts and school district provide service to the project Said sign shall remain posted until ALL of the units are sold 23 NOTICING CONDITIONS: 24 26 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 of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad's Redevelopment Agency has found 27 that the project is Exempt from Environmental Review and has issued a Major Redevelopment Permit by the Housing and Redevelopment Commission 28 Resolution(s) No 317 on the property. Said Notice of Restriction shall note the property DRBRESONO 317 -8- 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 o and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest ON-SITE CONDITIONS: 5 27 The Developer shall construct trash receptacle and recycling areas as shown on the 6 site plan with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21 105. Location of said receptacles shall be approved by the Housing 7 and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. 8 28 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 and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 29 The Developer shall submit and obtain Planning Director approval of an exterior lighting 12 plan including parking areas All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 13 30 Developer shall construct, install and stripe not less than 19 resident parking spaces 14 and 5 guest parking spaces. 31 The project shall have a master cable television hookup. Individual antennas shall not be permitted.16 17 32. There shall be separate utility systems for each unit. 18 STANDARD CODE REMINDERS: 19 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 20 Fees 21 33. The Developer shall pay park-m-lieu fees to the City, prior to the approval of the final map as required by Chapter 20 44 of the Carlsbad Municipal Code. 23 34 The Developer shall pay a landscape plan check and inspection fee as required by 24 Section 20 08 050 of the Carlsbad Municipal Code 25 General 26 35 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 time of building 27 permit issuance, except as otherwise specifically provided herein. 36 The project shall comply with the latest nonresidential disabled access requirements28 pursuant to Title 24 of the State Building Code DRBRESONO. 317 -9- 1 37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18 04 320. 3 38. Any signs proposed for this development shall at a minimum be designed in 4 conformance with the approved plans and the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and 5 approval of the Housing and Redevelopment Director prior to installation of such signs. 6 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or pther 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 13 annul their imposition 14 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, 15 zoning, grading or other similar application processjng or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 17 18 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 317 -10- 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of February, 2007 by the following vote to wit AYES BAKER, HAMILTON, LAWSON, SCHUMACHER AND WHITTON NOES. NONE ABSENT NONE ABSTAIN: NONE ATTEST Y LAWSON, ACTING CHAIRPERSON DESIGr/REVIEW BOARD / DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO 317 -11-