HomeMy WebLinkAbout2009-01-26; Design Review Board; Resolution 336DESIGN REVIEW BOARD RESOLUTION NO. 336
1
9 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE
3 TRACT MAP NUMBER CT 08-05 FOR THE CONVERSION OF A MIXED-USE
DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3
4 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON
THE PROPERTY LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND
5 USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
6
CASE NAME: ROOSEVELT CENTER CONDO CONVERSION
7 CASE NO.: CT 08-05
8 WHEREAS, Richard and Richard Construction, "Applicant", has filed a
9 verified application with the Housing and Redevelopment Agency of the City of
Carlsbad regarding property owned by Richard A. Woolsley and Thomas J. Hurley
"Owners", described as Assessor Parcel Number 203-292-22 and more thoroughly
12 described in Attachment A ("the Property"); and
13
WHEREAS, said verified application constitutes a request for a Tentative Tract
14
Map as shown on Exhibit(s) "A-C" dated January 26, 2009, on file in the Housing and
15
Redevelopment Department as "Roosevelt Center Condo Conversion CT 08-05/RP 06-
03A/CDP 06-03A", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
18 WHEREAS, the Design Review Board did, on the 26th day of January, 2009,
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:
2-> A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Design Review
27 Board RECOMMENDS APPROVAL of Roosevelt Center Condo Conversion
CT 08-15, based on the following findings and subject to the following conditions:
28
Findings:
9 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
6 surrounding properties are located within Land Use District 1 of the Village
Redevelopment Area and the intent of the Village Master Plan is to accommodate
7 a wide mix of uses in this district with an emphasis upon retail shopping
continuity, local serving commercial shops, stores and restaurants as well as
8 facilities and services for travelers in the coastal zone.
9 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
1® density proposed, in that the development is consistent with the RMH density
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 a
13 variety of uses including multi-family residential, commercial and hotel.
Application of the RMH General Plan designation on the subject property
14 would allow for future medium-high density mixed-use development,
which is permitted in District 1, and would be compatible with the mixture
15 of surrounding uses.
16 b. The RMH General Plan density designation serves to satisfy the goals of
the Village Redevelopment Master Plan by increasing the number, quality,
and diversity of housing units within this area of the Village. The medium-
18 high density designation allows for future development that would be
consistent the goals and objectives of the Redevelopment Master Plan.
19
c. The RMH General Plan density designation serves to satisfy the objectives
20 of Land Use District 1 by increasing the number of residential units in
close proximity to shops, restaurants, and mass transportation (Bus &
21 Village Coaster Station). Medium-high residential densities in close
proximity to mixed-use areas with easy access to mass transportation
22 promote greater job/housing balance and help solve regional issues such
as reduced traffic congestion and improved air quality.
24 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
25 public at large, for access through or use of property within the proposed subdivision, in
that the property has frontage on Carlsbad Village Drive and Roosevelt Street and
26 there are no easements granting access through the property to others.
27 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
28
DRB RESO NO. 336 -2-
6. That the design of the subdivision provides, to the extent feasible, for future passive or
, natural heating or cooling opportunities in the subdivision.
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
4 housing needs against the public service needs of the City and available fiscal and
environmental resources.
5
8. That the design of the subdivision and improvements are not likely to cause substantial
6 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project belongs to a class of projects that the State Secretary for
7 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
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.
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
12 conditioned to comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit.
13
10. The Design Review Board finds that the project, as conditioned herein, is in
14 conformance with the Elements of the City's General Plan, the Village Redevelopment
Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated January 26, 2009 including, but not limited to the following: the
project will provide for a permitted mixed-use development (multi-family,
commercial, office, and restaurant) in an appropriate location within Land Use
j -, 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
19 ordinances since:
20 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
21 service is available, and building cannot occur within the project unless sewer
service remains available, and the District Engineer is satisfied that the
22 requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
23
b. All necessary public improvements have been provided or are required as
24 conditions of approval.
25 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
26 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.
28
DRB RESO NO. 336 -3-
13. This project has been conditioned to comply with any requirement approved as part of
2 the Local Facilities Management Plan for Zone 1.
3 Conditions:
4 Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to recordation of the final
5 map.
6 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
7 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
8 condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
9 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
10 interest by the City's approval of this Major Redevelopment Permit and Tentative
Tract Map.
12 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Tentative Tract Map documents, as necessary to
!3 make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any
14 proposed development different from this approval, shall require an amendment to this
approval.
15
3. The Developer shall comply with all applicable provisions of federal, state, and local
16 ordinances in effect at the time of building permit issuance.
17 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
18 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
19 invalid unless the Housing and Redevelopment Commission determines that the
project without the condition complies with all requirements of law.
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
22 members, officers, employees, agents, and representatives, from and against any and
all liabilities, losses, damages, demands, claims and costs, including court costs and
23 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's
approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance
24 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
25 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
26 emissions.
27
28
DRB RESO NO. 336 -4-
1 6. 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.
7. Building permits will not be issued for this project unless the local agency providing
4 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
5 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
6 shall be placed on the Final Map.
7 Engineering Conditions:
8 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
9 or grading permit whichever occurs first.
10 General:
1. Developer shall submit to the Housing and Redevelopment Director, a reproducible 24"
, 2 x 36", mylar copy of the Tentative Map reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the Housing and
13 Redevelopment Director, reviewed and, if acceptable, signed by the City's project
engineer and project planner prior to submittal of the final map.
14 2. This approval is subject to the approval and conditions of RP 06-03A and CDP 06-09A.
15
3. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's
16 and/or other recorded document, addressing the maintenance, repair, and replacement
of shared private improvements within this subdivision, including but not limited to
17 private streets, utilities, street trees, sidewalks, landscaping, enhanced paving, water
quality treatment measures, low impact development features, storm drain facilities; etc.
18 located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
4. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
20 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
21 silt runoff during construction, general housekeeping practices, pollution prevention and
-_ educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water
23 or stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
24 Utilities
25
5. The design and operation of the proposed water system shall comply with the following:
26
A. Sub-meters may be installed for portions of this project. The sub-meters shall be
27 privately owned and maintained by the Property Owners Association (POA) or
Operator of this facility. It shall be the responsibility of the POA/Operator to
28
DRB RESO NO. 336 -5-
apportion the water bill to the separate sub-metered ownership within each
building served by a City water meter.
B. Prior to issuance of building permits for this project, the owner shall create an
~ impound account to be funded with an amount equal to an estimated three
months of water bill payments for the entire project.
4 C. Owners and tenants of the units shall be notified that the City may shutoff water
service to the entire building if adequate payment of the water bill is not made.
5 D. The project CC&R's shall include wording satisfactory to the City Engineer
relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also
6 include language stating that the CC&R provisions related to water meters
cannot be changed without the approval of the City Engineer.
7
Standard Code Reminders:
8
The project is subject to all applicable provisions of local ordinances, including but not limited to
9 the following:
10 6. This tentative map shall expire two years from the date on which the Design Review
Board voted to approve this application.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DRB RESO NO. 336 -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
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 26™ day of January, 2009, by the following vote to
wit:
AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AN
DESIGN
WVSON, CHAIRPERSON
(EVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 336 -7-