HomeMy WebLinkAbout2008-06-02; Design Review Board; Resolution 332DESIGN REVIEW BOARD RESOLUTION NO. 332
1
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
, APPROVAL OF CARLSBAD TRACT NUMBER CT 07-01 TO
j SUBDIVIDE .32 ACRES INTO SIX (6) CONDOMINIUM UNITS
4 AND 2,411 SQUARE FEET OF COMMERCIAL/RETAIL SPACE
ON THE PROPERTY LOCATED AT 3085 ROOSEVELT STREET
5 IN LAND USE DISTRICT 1 OF THE VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES
6 MANAGEMENT ZONE 1.
CASE NAME: ROOSEVELT AND OAK MIXED-USE
7 CASE NO.: CT 07-01
8 WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified
9 application with the Housing and Redevelopment Agency of the City of Carlsbad regarding
property owned by Russell Bennett, "Owner", described as Assessor Parcel Number 203-
306-10 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-Q" dated June 2, 2008, on file in the Housing and
14
Redevelopment Department as "Roosevelt and Oak Mixed-Use RP 07-03/ CT 07-01", as
15
provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
16
WHEREAS, the Design Review Board did, on the 2nd day of June, 2008, hold a
i o duly noticed public hearing as prescribed by law to consider said request; and
jg 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 follows:
24 A) That the foregoing recitations are true and correct.
25 B) That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Roosevelt and Oak Mixed-Use CT 07-
26 01, based on the following findings and subject to the following conditions:
27
28
Findings!
o
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
4 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will
not cause serious public health problems.
2. That the proposed project is compatible with the surrounding future land uses since
5 surrounding properties are located within Land Use District 1 of the Village
Redevelopment Area and the intent of the Village Master Plan is to reinforce the
7 pedestrian environment, encourage mutually supportive use and provide a major
activity focus for Carlsbad Village and the City as a whole.
8
3. That the site is physically suitable for the type and density of the development since the
9 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
10 designation which has been assigned to the property based on the following
findings:
12 a. The density is compatible with the surrounding area, which contains
residential and commercial/retail uses. Application of the RH General Plan
13 designation on the subject property would allow for future high density
residential mixed-use development, which is permitted in District 1, and
14 would be compatible with the mixture of surrounding uses.
15 b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
16 diversity, and affordability of housing units within this area of the Village.
The high density designation allows for future development that would be
consistent with the goals and objectives of the Redevelopment Master
18 Plan'
19 c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
20 proximity to shops, restaurants, and mass transportation (Bus & Village
Coaster Station). High residential densities in close proximity to mixed-
21 use areas with easy access to mass transportation promote greater
job/housing balance and help solve regional issues such as reduced traffic
22 congestion and improved air quality.
23 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
2<r that the property has frontage on Roosevelt Street and there are 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
27 Conservation Act of 1965 (Williamson Act).
28 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision.
DRB RESO NO. 332 -2-
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
,Q California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City's requirements of the National Pollutant
1j 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 June 2, 2008 including, but not limited to the following: the
14 project will provide for a permitted mixed-use development (multi-family
residential and retail commercial) in an appropriate location within Land Use
15 District 1 of the Village Redevelopment Area.
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:
18 a. The project has been conditioned to ensure that building permits will not be
19 issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
20 service remains available, and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
21 met insofar as they apply to sewer service for this project.
22 b. Statutory School fees will be paid to ensure the availability of school facilities in
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
25 conditions of approval.
26 e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
27 of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.28
DRB RESO NO. 332 -3-
1 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
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.
4
13. This project has been conditioned to comply with any requirement approved as part of
5 the Local Facilities Management Plan for Zone 1.
5 Conditions:
7 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.
8
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
9 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
10 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
1' 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
j., interest by the City's approval of this Major Redevelopment Permit and Tentative
Tract Map.
14 2. Staff is authorized and directed to make, or require the Developer to make, all
15 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.
16 Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
17 approval.
18 3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
19
4. If any condition for construction of any public improvements or facilities, or the payment
20 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
2 Section 66020. If any such condition is determined to be invalid this approval shall be
22 invalid unless the Housing and Redevelopment Commission determines that the
project without the condition complies with all requirements of law.
23 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
24 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and
25 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
26 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
27 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
28 from the emission by the facility of electromagnetic fields or other energy waves or
emissions.
DRB RESO NO. 332 -4-
1
« 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
3 making body.
4 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
5 school facilities.
6 8. 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
7 that Plan prior to the issuance of building permits.
8 9. 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
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
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
,~ Engineering Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map, building
14 or grading permit whichever occurs first.
15 1. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
16 for the proposed haul route.
17 2. 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
18 the private improvements such as storm drain facilities and storm water Best
Management Practice facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision.
3. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
22 Fees/Agreements
23
4. Developer shall cause property owner to execute and submit to the City Engineer for
24 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
25 5. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Drainage Hold Harmless Agreement.
26
6. Developer shall cause property owner to execute and submit to the City Engineer for
27 recordation, the City's standard form Street Trees Maintenance Agreement.
JQ^ 7. Developer shall cause property owner to apply for, execute, and submit, to the
DRB RESO NO. 332 -5-
City Engineer for recordation, an Encroachment Agreement covering proposed
private enhanced paving (brickwork and stamped concrete) and street trees
located over existing public right-of-way as shown on the tentative map.
Developer shall pay for all associated costs of said Encroachment Agreement.
4 8. 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
5 shown within the boundaries of the site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
6 additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
7
Grading
8
9. 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
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
10. Developer shall comply with the City's requirements of the National Pollutant Discharge
12 Elimination System (NPDES) permit and the current City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
13 to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
14 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 but not be
15 limited to notifying prospective owners and tenants of the following:
16 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
17 hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
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
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
22 C. Best Management Practices shall be used to eliminate or reduce surface
23 pollutants when planning any changes to the landscaping and surface
improvements.
24
11. Developer shall comply with the City of Carlsbad Storm Water Standards, latest
25 version, to reduce discharge of pollutants in urban run-off to the maximum extent
practicable by using storm water Best Management Practices (BMPs) and Low
26 Impact Development (LID) design techniques. LID principle is to attempt to reduce
the amount of run-off by mimicking the natural hydrologic function of the site. It
27 focuses on preservation of natural open-spaces and natural drainage channels,
»„ minimizing impervious surfaces, promoting infiltration and evaporation of run-off
before run-off leaves the site.
DRB RESO NO. 332 -6-
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
Dedications/Improvements
12. Developer shall execute a City standard Subdivision Improvement Agreement to
install and secure with appropriate security as provided by law, public
improvements shown on the tentative map. These improvements include, but are
not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants,
street lights, pedestrian ramps, drainage structures, best management practices
for storm water treatment, retaining walls. Said improvements shall be installed to
City Standards to the satisfaction of the City Engineer. More specifically, these
improvements include:
a) Full half width improvements of Roosevelt Street and Oak Avenue, along the project
frontage, twenty four feet from curb to centerline, including but not limited to
driveways, paving, curb and gutter, sidewalk, under grounding or relocation of utilities
water & sewer services, drainage structures, all necessary transitions to existing
improvements as shown on Tentative Parcel Map.
b) Reconstruction of existing ribbon gutter along Tyler Street (Alley) as shown on
the tentative map to the satisfaction of the City Engineer.
c) Water services as 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
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
13. Prior to issuance of building permits, Developer shall underground all existing
overhead utilities along project boundary.
Final Map Notes
Add the following notes to the final map as non-mapping data.
14. All improvements are privately owned and are to be privately maintained with the
exception of the following:
a) Full half width improvements of Roosevelt Street and Oak Avenue, along the project
frontage, twenty four feet from curb to centerline, including but not limited to
driveways, paving, curb and gutter, sidewalk, under grounding or relocation of utilities
water & sewer services, drainage structures, all necessary transitions to existing
improvements as shown on Tentative Parcel Map.
b) Reconstruction of existing ribbon gutter along Tyler Street (Alley) as shown on
the tentative map to the satisfaction of the City Engineer.
c) Water services as shown on the tentative map.
15. Building permits will not be issued for development of the subject property
unless the appropriate agency determines that sewer and water facilities are
available.
DRB RESO NO. 332 -7-
16. 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
3 that may arise through any diversion of waters, the alteration of the normal flow
of surface waters or drainage, or the concentration of surface waters or drainage
4 from the drainage system or other improvements identified in the City approved
development plans; or by the design, construction or maintenance of the drainage
5 system or other improvements identified in the City approved development plans.
6 17. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
permitted to encroach within the area identified as a sight distance corridor as
' defined by City of Carlsbad Engineering Standards.
8 Utilities
9 18. Prior to approval of improvement plans or final map, Developer shall meet with
I o the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant
locations, building sprinklers) are required to serve the project. Fire hydrants, if
I1 proposed, shall be considered public improvements and shall be served by public
water mains to the satisfaction of the District Engineer.
12
19. Prior to issuance of building permits, Developer shall pay all fees, deposits, and
13 charges for connection to public facilities. Developer shall pay the San Diego
,. County Water Authority capacity charge(s) prior to issuance of Building Permits.
15 20. The Developer shall install potable water services and meters at a locations
approved by the District Engineer. The locations of said services shall be
16 reflected on public improvement plans.
17 21. 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
1§ public improvement plans.
22. The Developer shall provide separate potable water meters for each separately
2Q owned unit.
21 Code Reminder
22 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
23
A. The tentative map shall expire two years from the date on which the Planning
24 Commission voted on the application.
25 B. Developer shall pay the Agua Hedionda Local Drainage Area Fee prior to approval of
the Final Map.26
97 C. Developer shall exercise special care during the construction phase of this project to
28 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
DRB RESO NO. 332 -8-
of the City Engineer.
The Average Daily Tr
the Site Plan are for planning purposes only. Developer shall pay traffic impact and
9
D. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
4 Municipal Code, respectively.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DRB RESO NO. 332 -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
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 2nd day of June, by the following
vote to wit:
AYES:
NOES:
ABSENT: NONE
ABSTAIN: NONE
BAKER, LAWSON, PRIETTO, SCHUMACHER, AND WHITTON
NONE
ATTEST:
JY/AWSON, CHAIRPERSON
DESI6N REVIEW BOARD
U^l/Y\l(Jt*t J
:BBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 332 -10-