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HomeMy WebLinkAbout2007-02-26; Design Review Board; Resolution 318DESIGN REVIEW BOARD RESOLUTION NO. 318 1 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING o APPROVAL OF CARLSBAD TRACT NUMBER CT 06-18 TO SUBDIVIDE 56 ACRES INTO ELEVEN (11) AFFORDABLE 4 CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 2578 ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE 5 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME- ROOSEVELT GARDEN CONDOMINIUMS CASE NO CT06-18 7 WHEREAS, San Diego Habitat for Humanity, "Applicant", has filed a verified 8 application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by Carlsbad Redevelopment Agency, "Owner", described as Assessor U Parcel Number 203-102-33 and more thoroughly described in Attachment A ("the Property"); 12 and 13 WHEREAS, said verified application constitutes a request for a Tentative Tract 14 Map as shown on Exhibit(s) "A-l" dated February 26, 2007, on file in the Housing and 15 Redevelopment Department as "Roosevelt Garden Condominiums RP 04-04A/CT 06-18", 16 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 17 WHEREAS, the Design Review Board did, on the 26th day of February, 2007, 18 hold a duly noticed public hearing as prescribed by law to consider said request, and 19 WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if any, of persons desiring to be heard, said Board considered all factors 21 relating to the Tentative Tract Map 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board 23 of the City of Carlsbad as follows24 A) That the foregoing recitations are true and correct ^O ~, B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums CT 97 06-18, 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 1 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 T.2. That the proposed project is compatible with the surrounding future land uses since A surrounding properties are located within Land Use District 8 of the Village Redevelopment Area and the intent of the Village Master Plan is to reinforce the 5 pedestrian environment, encourage mutually supportive use and provide a major activity focus for Carlsbad Village and the City as a whole. 6 That the site is physically suitable for the type and density of the development since the 7 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 8 designation which has been assigned to the property based on the following findings:9 The density is compatible with the surrounding area, which contains a variety of uses such as residential, commercial office, retail, and light industrial. Residential uses in the area include high-density multi-family residential. Application of the RH General Plan designation on the subject \2 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. 13 ' b. The RH General Plan density designation serves to satisfy the goals of the 14 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 the multi- family units in today's economy. The Village Redevelopment Area has an abundance of "for-sale" residential units, and these deed restricted affordable units for very low income households provide an ownership opportunity not previously available. 18 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). High residential densities in close proximity to mixed- use areas with easy access to mass transportation promote greater 21 job/housing balance and help solve regional issues such as reduced traffic congestion and improved air quality. 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 24 public at large, for access through or use of property within the proposed subdivision, in that the property has frontage on Roosevelt Street and there are no easements 25 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. 318 -2- 1 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 housing needs against the public service needs of the City and available fiscal and 2 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 ° on the environment Q 9. That the discharge of waste from the subdivision will not result in violation of existing 10 California Regional Water Quality Control Board requirements, in that the project is conditioned to comply with the City's requirements of the National Pollutant 11 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 February 26, 2007 including, but not limited to the following the 14 project will provide for a permitted multi-family development in an appropriate location within Land Use District 8 of the Village Redevelopment Area. 11 The project is consistent with the City-Wide Facilities and Improvements Plan, the 6 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 19 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-m-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 28 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 318 -3- 1 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 •3 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 9 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 10 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 12 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 21 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 27 from the emission by the facility of electromagnetic fields or other energy waves or emissions28 DRBRESONO 318 -4- 1 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 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 , . J 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 vyill 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 ; NOTE: Unless specifically stated in the condition, all of the following conditions, upon the 13 approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first 14 General 15 • - \ • 10 Prior to hauling dirt or construction materials to or from any proposed construction site 16 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route.17 , 11 The area designated for vehicular back up shall be clearly delineated with signage and/or pavement graphics to preclude unauthorized parking. 19 12 Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the 20 tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body The reproducible 21 shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, 22 improvement or grading plans, whichever occurs first The digital file copy shall be submitted in a format as approved by the City Engineer. 23 13 Developer shall and does hereby agree to indemnify, protect, defend and hold harmless 24 the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including 25 court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499 37 and (c) Developer's installation and operation of 2g 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. DRBRESONO. 318 -5- 14 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 dram facilities - located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision 4 15 Subject to the City Engineer's approval, the property owner shall enter into an 5 encroachment agreement with the City for the proposed enhanced pavement shown within the driveway. Application processing and criteria for said 6 encroachment agreement is subject to the requirements established by the City Engineer. 7 Fees/Agreements 8 16. Prior to approval of any grading or building permits for this project, Developer shall 9 cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the site 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 12 Grading 13 17 Based upon a review of the proposed grading and the grading quantities shown on the 14 site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the city engineer prior to issuance of a building permit for 15 the project. 16 Dedications/Improvements 17 is Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water 1Q Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas Plans for such improvements shall be 2Q submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 21 A. All owners and tenants shall coordinate efforts to establish or work with 22 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 23 B Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 24 antifreeze, solvents, paints, paint thmners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm dram 25 or storm water conveyance systems Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 26 Federal, State, County and City requirements as prescribed in their respective containers27 C Best Management Practices shall be used to eliminate or reduce surface 2° pollutants when planning any changes to the landscaping and surface improvements. DRBRESONO. 318 -6- 1 19. Prior to the issuance of grading permit or building permit, whichever occurs first, 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 4 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 5 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: 6 a. identify existing and post-development on-site pollutants-of-concern; 7 b identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 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 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 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 12 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 13 practicable. 14 20 Prior to building permit or grading permit issuance, whichever occurs first, developer shall design, apply for and obtain approval of the City Engineer, for the structural section 15 for the access aisles with a traffic index of 5 0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The 16 structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or 17 grading plan review whichever occurs first 21 Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the 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. Streets that already public are not required to be rededicated. 21 22 Developer shall execute and record a City standard Subdivision Improvement 22 Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, 23 but not limited to installation of sewer and water mams and related appurtenances to City Standards to the satisfaction of the City Engineer The improvements are- 24 a) All sewer and water facilities located within the public right-of-way 25 and proposed on-site public utility and public utility access easement. 26 b) Curb outlet and driveway approach within the public right-of-way and the "easement for public sidewalk and incidental purposes", as 27 shown on the tentative map. ° 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 DRBRESONO. 318 -7- 1 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 3 Final Map Notes 4 23 Developer shall show on Final Map the net developable acres for each parcel. 5 24. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 6 A All improvements are privately owned and are to be privately maintained with the exception of the following 7 1. All sewer and water facilities located within the public right-of-way and 8 proposed on-site public utility and public utility access easement 2. Curb outlet and driveway approach within the public right-of-way and the "easement for public sidewalk and incidental purposes", as shown on the tentative map. 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. 12 Carlsbad Municipal Water District 14 25 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 15 Authority capacity charge(s) prior to issuance of Building Permits. 16 26 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 reflected on public improvement plans 27 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 improvement plans. 20 28 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 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, 24 building sprinklers) are required to serve the project Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mams to the 25 satisfaction of the District Engineer 26 30 The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the (Tentative Map/Site Plan) to the satisfaction of 27 the District Engineer. Proposed public facilities shall be reflected on public improvement plans28 DRBRESONO. 318 1 2 31. The Developer shall provide separate potable water meters for each separately owned unit 32 Sewer cleanouts shall be provided for each sewer lateral per City Standards. 4 33. The proposed water service pipe for the fire sprinkler system shall be a minimum 6 inches in diameter for that portion installed within the public right-of-way. 5 , Code Remindero 7 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 8 A The tentative map shall expire twenty-four (24) months from the date this tentative map 9 approval becomes final 10 B This approval is granted subject to the approval of RP 04-04A and is subject to all conditions contained in Design Review Board Resolution No. 317 for those other 11 approvals and incorporated by reference herein 12 B 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 13 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer 15 ' NOTICE 16 Please take NOTICE that approval of your project includes the "imposition" of fees, 17 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."1 o 19 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 20 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 21 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. 23 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 24 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 25 which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired 27 28 DRBRESONO 318 -9- 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 PASSED, APPROVED, AND ADOPTED at a 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 'ON, ACTING CHAIRPERSON DESIGN REVIEW BOARD ATTEST. DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 318 -10-