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HomeMy WebLinkAbout1998-12-08; Housing & Redevelopment Commission; 304; Schilling Mixed Use Project. . E .- 5 Q E .- % .- : 0 /I - G7tGmJ HOUSING Aw3 REDEVELOPfjllENT COMMIsSION -AGENDA BIL AB# 30 y ‘ TITLE: DEPT. HD. MTG. 3.2/8/98 Request for Extension of Major Redevelopment Permit CITY ATTY. 3s DEPT. H/RED RP 95-05 for the Schilling Mixed Use Project CITY MGRa RECOMMENDED ACTION: Housing and Redevelopment Commission ADOPT Resolution No. 3 0 I/ , APPROVING an 18 month extension of major redevelopment permit RP 95-05 for the Schilling Mixed Use Project located at 507 Pine Street. ITEM EXPLANATION: On September 18, 1996 and October 16, 1996, the Design Review Board conducted and completed a public hearing to consider the major redevelopment permit requested for a new mixed use development project known as the Schilling Project. The Design Review Board recommended approval of the project on October 16, 1996 with a 4-l vote (Welshons - No). The City Council, acting as the Housing and Redevelopment Commission, took action to approve the project on February 4, 1997. As a condition of approval, the applicant was required to obtain building permits for the subject project within 18 months of the project’s approval by the Housing and Redevelopment Commission. If the building permits were not obtained by August 4, 1998, the redevelopment permit was to become null and void. Prior to the permit expiration date, the applicant filed a request for an extension of the permit for an additional eighteen (18) months. The Housing and Redevelopment Commission is required to take action to extend the redevelopment permit. It is staff’s understanding that the applicant still intends to build the subject project. However, additional time is needed to prepare plans and submit them to obtain the required building permits. Proiect Description The subject project is proposed for development on an existing vacant site at 507 Pine Street, between Tyler and Roosevelt Streets. The project consists of a total of 4 residential units over 1536 square feet of retail space and 1851 square feet of workshop space. A total of 4 single car garages are provided for the residential units and an additional 9 parking spaces are provided for employees and customers of the retail/workshop spaces. The residential component of the project provides for four (4) one bedroom apartment units. Of these 4 units, one unit will be restricted for affordable housing purposes. There are a total of 6 retail suites on the first floor of the project. These retail suites must be used for “retail purposes” only; no restaurants or industrial uses will be permitted within these suites. The project includes 4 workshops on the first floor to the rear of the retail suites. These workshops are to be used in conjunction with the on-site retail suites; they can’t be leased separately to an unrelated business. Page 2 The parking requirement was determined to be 17 spaces total. As approved, the project will provide 13 spaces on the site and pay an in-lieu fee for 4 spaces to meet the parking requirement. The project reflects the concept of shopkeeper units where a business owner can live above his/her retail store. The proposed project would also be ideal for artists. For example, an artist can use the workshop space to create his/her artwork and then display/sell the artwork from the retail space. The artist could then live above his/her workshop and retail space. Staff Recommendation There have been no changes to the Village Master Plan and Design Manual or Village Redevelopment Plan or the City or Redevelopment Agency policies and procedures which would effect the approvals granted to the subject project in 1996. Therefore, staff is recommending that the applicant be permitted to extend the redevelopment permit as approved by the Housing and Redevelopment Commission on February 4, 1997 for an additional eighteen (18) months to allow for the application and issuance of required building permits for construction of the project. From the date of Commission approval, the applicant would have an additional eighteen (18) months to obtain building permits for the subject project. ENVIRONMENTAL REVIEW The Planning Department has determined that the proposed project is in Prior Compliance with the previous Negative Declaration issued by the Planning Director on August 6, 1996 and approved by the Housing and Redevelopment Commission on February 4, 1997. No comments were received from the public regarding the subject determination. FISCAL IMPACT If the project is constructed, the Redevelopment Agency will receive additional revenue through the increase in property taxes associated with the proposed project. The assessed value of the vacant property is $124,187. With roughly estimated improvement costs of $800,000, the new assessed value of the property will be approximately $925,000; this will generate approximately $9,250 per year in property taxes, compared to the current $1,242. The City will receive additional sales tax revenue from the retail suites. There is, however, no estimate of the projected sales tax revenue from the project. EXHIBITS: 1. 2. 3. 4. 5. 6. Housing and Redevelopment Commission Resolution No. 36 4 Request for Extension and Project Description with Disclosure Statement. Location Map. Housing and Redevelopment Commission Resolution No. 284, approving original redevelopment permit. Design Review Board Resolution Nos. 251 and 252 providing the original approvals of the Negative Declaration and findings and conditions for project. Design Review Board Staff Reports with related Minutes, dated September 18, 1996 and October 16, 1996. 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 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 304 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A REQUEST FOR AN 18 MONTH EXTENSION OF MAJOR REDEVELOPMENT PERMIT 95-05 TO ALLOW FOR THE CONSTRUCTION OF A MIXED USE BUILDING INCLUDING RETAIL, WORKSHOP SPACE AND FOUR RESIDENTIAL UNITS AS WELL AS RELATED SIGNAGE AND SITE IMPROVEMENTS ON PROPERTY LOCATED AT 507 PINE STREET IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: SCHILLING MIXED USE PROJECT APN: 204-081-01 CASE NO: RP 95-05 WHEREAS, John Schilling, “Developer” has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by John Schilling, “Owner”, described as Lots 17, 18 and 19 in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the property); and WHEREAS, said application constitutes a request for an extension of a Major Redevelopment Permit and Sign Permit known as RP 95-05 for the Schilling Mixed Use Project originally approved by the Housing and Redevelopment Commission on February 7, 1997; and WHEREAS, the Housing and Redevelopment Commission did hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to the extension of Major Redevelopment Permit 95-05. . . . . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 HRC Resolution No. 304 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Housing and Redevelopment Commission hereby APPROVES an eighteen (18) month extension of Major Redevelopment Permit 95-05 for the Schilling mixed use project, and the related sign permit based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Housing and Redevelopment Commission finds that the subject project is in prior compliance with the Negative Declaration issued by the Planning Director for the project on August 2, 1996 and approved by the Housing and Redevelopment Commission on February 7, 1997. 2. The Project remains consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth within the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the findings set forth in Design Review Board Resolution No. 252 dated October 16, 1996 and approved by the Housing and Redevelopment Commission on February 7, 1997. CONDITIONS: 1. The Housing and Redevelopment Commission does hereby APPROVE an eighteen (18) month extension of Major Redevelopment Permit 95-05, and the related sign permit, for the Schilling Mixed-Use Project to allow the applicant additional time to apply for and receive approval of the appropriate building permits for the subject project, subject to the conditions set forth in Design Review Board Resolution No. 252 dated October 16, 1996 and approved by the Housing and Redevelopment Commission on February 7, 1997. The permit shall be extended eighteen (18) months from the date of original permit expiration which was August 5, 1998. The new expiration date for the permit shall be February 5, 2000. PASSED, APPROVED, AND ADOPTED at a Special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 8th day of December , 1998 by the following vote to wit: AYES: Commissioners Lewis, Finnila, Nygaard, and Kulchin NOES: None ABSENT: Commissioner Hall ABSTAIN: None 4 EXHIBIT 2 WILLIAM & JOHN SCHILLING . P.O. BOX 417 CARLSBAD, CA. 92008 JUNE 16,1998 DEBBIE FOUNTAIN Housing & Redevelopment Director CITY OF CARLSBAD 2965 Roosevelt St. Ste.B Carlsbad, CA. 92008-23 89 RE: RP-9505-PINE ST. MIXED USE PROJECT Dear Debbie We herein would like to request an extension of eighteen months for the above referenced project from the current expiration date of August 4, 1998. We understand that this would allow us to complete our current building plans and submit them for pulling a permit on or before 18 months from August 4, 1998. We would like to meet with you in the very near future to review our current plans before going into final construction drawings. We trust this letter will be satisfactory for the purpose. If you have any questions piee call us. (760) 434-5999. Thank you for your cooperation toward completing a wonderful project for the City of Carlsbad. Sincerely; ---- et-i-f OF CNILSB~ IAM) USE REMw ~PUCM-ION - ’ 1) ;\ppL[mTIONS APPKED FOR: (ChircK BOXES) FOR PAGE 1 OF 2 0 r: L c m L 0 7 i-l YJasrer Plan Spec:tic P!an 2-rc’se 3eveiocr.er.r ?!an ..b. Tenrauve ::3cr !Ap ?iarz.ed Deveiopmenr ?eztxr Non-Residential Planzed 3evelopmenr Cmdonunium Petit Spec:al Use Permir (FOR DEPT USE OEiLY) I lo Kl k II Li I+ 0 0 General Plan knendment Local Coastal ?lan Amendment Sire Development Plan Zone Change Csnditionai L’se ?e.xmr Hillside Deveiopmenr permit Environmental impact Assessment Variance L -- % G Redevelopment Petit - ExmsI 3wl4hlG - PINI ST. 17 Tentative Parcel Map a Adminisrrarive Variance 0 Planned [ndusttial Permir 0 Coastal Development permit 0 Planning Commission Dererrrtinarion 0 List any orher applications nor specificed !) LOC\llON OF PROJECT: ON THE south SIDE OF Pine (NORTH. SOLTH WT. WEST) (NAME OF STREET) BETWEEN Roosevelt I AND I (NAME OF STREET) (NAME OF STREET) 4) .ASSESSOR PARCEL NO(S). 204-081-01-00 5) LOCAL FACILITIES MANAGEMENT ZONE 6) E..STlNG GENERAL PLAN I 7) PROPOSED GENERAL PLW DESIGNATION DESIGNATION 8) LUSTING ZONING 9) PROPOSED ZONING 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYF’E OF SUBDMSlON PJS[DENTlAL UNIl3 OF LOTS (RESIDENTLAL COMMERCIAL 14) NUMBER OF EXlS-llNG RESIDENTIAL UNITS [r[ IS) PROPOSED lNDU!iTRlAL - SQUARE FOOTAGE 16) PROPOSED COMMERCIAL OFFlCVSQUhRE FOOTAGE INDUSTRIAL) I . CIT(0F0,il~Sam LWD CSE KEVEWAPPUC\~?ONFORV 2,3.&E - ‘C . - -. _ 1;)PERCENTAGEOF PROPOSED PROJECTIN OPEN SPACE 18) PROPOSED SEb'ER CSACE IN EQL'WALENTDWELLINC L-NITS ;3) PRCPCSED INCRL+SE:N AL'ERICE DAlLY-fR'FIC : 20) PROJECT SWtE: I Pine Street- Mixed Use Project 1 ! &closed parkinq for four vehicles: open parkinq for nine I 22) IN THE PROCESS OF REVIEWING THIS APPLICATiON IT MAY BE NECESSARYFOR MEMBERS OFCllYSTAFF, PLWNINGCOMMlSSIONERS.DESlCN REVIEW 3OARD MEMBERS.ORCITYCOUNClLMEMBERSTOlNSPECT.WD l-ION. VWECONSENTTO ENTRYFORTHIS 23) OWNER 1 24) APPLICANT NAME (PRINT OR lYPE) N.O.B. Irrevocable Trust MAILING ADDRESS P.O. Box 417 NAME (PRINT OR TYPE) John C. Schillinq MAlLING ADDRESS P.O.Box 417 ~- I I , CIlYANDSTATE ZIP TELEPHONE CITYAND STATE ZIP TELEPHONE Carl&ad, CA. 92008 760-434-5999 Carl&ad. CA. 93008 - - 9 I CERTIFY lXhT I .4A THE LEGM OWER I CmllFy THAT I AM THE LEGM ow?fEKs tlEPREsLKT.4rnT .cuo ANO THAT AU. I-HE ABOVE INFOPMAllON THAT ALL THE AEnYVE INFORMATiON IS TRUE AN0 CORRECl’ I-U THE IS TRUE AN0 COIVECT TO THE BLSTOF BEST OF My IQ(Ow.EcGL I i v V/ *.*t.*.*....*.~.....*~....*..*.**....~*~**.......*..**..*....*.. FORCI-IYL'SEONLy FEE COMPUTATION: APPLICATION lYPE FEE REQUIRED DATESTAMP APPLICATION RECEIVED TOTAL FEE REQUUIED 3ATE FEEPAID q/7/9 9 RECEIPT NO. 7 DISCLOSURE STATEMENT A?PcICANT’S STA TZCfE.hT OF 3SCLOSUAE OF CERTAIN OWNERSHIP IKTEFIESTS ON AU. APPLlCATiONS WHICH WILL .GEQUI~E XXi;E;IONARY ACTICN CN TkE PAFll OF THE Ca- COUNCIL. OR ANY APPOIKTEO BOARD. COMMISSION OR CChV.Q-i7E~. I (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. John C . Schillinq P.O. Box 417 carlsbad, CA. 92008 2. 3. 4. Owner List the names and addresses of all persons having any ownership interest in the property involved. N.O.B. Irrevocable Trust P.O. Box 417 carlsbad, CA.~8 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershlp interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as offtcer or director of the non-profit organization or as trustee or beneficiary of the trust. John C. Schilling P.O. Box 417 Carl&ad, CA. 92008 FRMooo13 8/90 2075 Las Palmas Drive l Carlsbad. California 920094859 l (619) 438-l 161 Disclosure Statement (Over) Page 2 5. Have you had more than $250 worth Of business transacted with any member of City staff. ecarzs Commissions, Committees and Council within the past twelve months? Yes - No 1~ If yes, please indicate pefSOn(S) Person II defined (u: ‘Any mdiwdual. firm. copannershlp. joint venture. asrocia:ion. social club. fraternal organlzat~on. corporation. estate. :rbst. ! recewor. syndicate. thla and any other county. ci?y and count’y, crty munlctpalrty. distrtct or other political wbdtvlsion. or any other group or 1 comblnatlon acting ad a umt. (NOTE: Atlach additional pages as necessary.) fJ?p&)rqf,js~ Signahre of Qnz@r/date /Yl!!rustee N.O.B. Irrevocable Trust Print of type name of owner John C. Schilling Print or type name of applicant FRMooo13 8/90 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Pine Street- Mixed Use Project PR-95-05 APPLICANT NAME: John C. Schilling Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. 3escriptiorVExplanation. This is a The-story mixed use project with 4, 1-Bedrocm apartments, 1537 Square feet of Retail space: 1851 Square feet of Workshop space: enclosed parking for four vehicles: open parking for nine vehicles and associated landscaping. ProjDerc.frm I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -P l- IhE CARLSBAD VILLAGE DRIVE OAK AVENUE PINE STREET ‘+ Project Site I I I I S CITY OF CARLSBAD SCHILLING MIXED USE PROJECT RP 95-05 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 -. -1 I-I .?G AND REDEVELOPMENT COMMIS EXHIRIT 4 __. RESOLUTION NO. - _. A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 95-05) INCLUDING SIGNAGE, REDUCED SETBACK STANDARDS, NONSTANDARD STREET IMPROVEMENTS, AND REDUCED PARKING STANDARDS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT WHICH INCLUDES 4 RESIDENTIAL UNITS, 1537 SQUARE FEET OF RETAIL SPACE AND 1851 SQUARE FEET OF WORKSHOP SPACE AT 507 PINE STREET, BETWEEN TYLER STREET AND ROOSEVELT STREET IN THE VILLAGE REDEVELOPMENT AREA/LAND USE DISTRICT 5. CASE NAME: SCHILLING MIXED USE PROJECT APN: 204-081-01 CASE NO: RP 95-05 WHEREAS, on September 18, 1996 and October 16, 1996, the Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 95-O5), including ;ignage, for construction of a new mixed use development at 507 Pine Street and adopted Design Review 3oard Resolutions No. 252 recommending to the Housing and Redevelopment Commission that Major iedevelopment Permit (RP 95-05) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the late of this resolution held a duly noticed public hearing to consider the recommendations and heard all jersons interested in or opposed to Major Redevelopment Permit (RP 95-05); and WHEREAS, the recommended approval includes findings supporting the allowance of the .educed setback standards, non-standard street improvements, reduced parking standards, and density in :xcess of the growth management control point; all as authorized with the approval of the site development )lan in accordance with Carlsbad Municipal Code section 21.53.120( c) and 21.90.045, as incorporated by ,eference in the Redevelopment Area Master Plan and Design Manual, justified by sufficient findings; and WHEREAS, as a result of an environmental review of the subject project conducted jursuant to the Guidelines for Implementation of the California Environmental Quality Act and the %vironmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued for the ubject project by the Planning Department on June 12, 1996 and recommended for approval by Design Review Board Resolution No. 251 on October 16, 1996. . . . . 1 2 3 4 5 5 7 3 3 I I ? 3 I j 1 j ( ( I ! l( 1' 1: 1: 1L 1: lf 17 1E 1E 2c 21 22 23 24 25 26 27 28 7 ’ t I t t 1 i ( I I HRC Resolution NC- 84 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission as follows: 1. 2. That the foregoing recitations are true and correct. The Major Redevelopment (RP 95-05) Permit is auproved and that the findings and conditions of the Design Review Board contained in Resolution No. 252, on file in the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 3. The Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered Negative Declaration (RP95-05), the environmental impacts therein identified for this project and any comments thereon. The Housing and Redevelopment Commission finds that there is no substantial evidence the project will have a significant effect on the environment and thereby approves the Negative Declaration. The Housing and Redevelopment Commission finds that the Negative Declaration (RP95- 05) retlects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” ‘This time within which judicial review of this decision must be sought is governed by Code of Civil ?rocedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Zode Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate :ourt not later than the ninetieth day following the date on which this decision becomes final; however, if Nithin ten days after the decision bekomes final a request for the record of the proceedings accompanied by he required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the ime within which such petition may be filed in court is extended to not later than the thirtieth day following he date on which the record is either personally delivered or mailed to the party, or his attorney of record, f he has one. A written request for the preparation of the record of the proceedings shall be filed with the Jity Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008.” PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing and tedevelopment Commission of the City of Carlsbad, California, held on the 4th day of ‘ebruary , 1997 by the following vote to wit: AYES: Commissioners Lewis, Finnila and Nygaard NOES: None ABSENT: CommissionersKu ABSTAIN: - -* ^ 1 /I 2 3 '4 5 6 7 8 DESIGN REVIEW BOARD RESOLUTION NO. 251 EXHIBIT 5 ’ A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR A MAJOR REDEVELOPMENT PERMIT TO ALLOW CONSTRUCTION OF A NEW MIXED USE COMMERCIAL BUILDING INCLUDING RETAIL, WORKSHOP SPACE AND FOUR RESIDENTIAL UNITS AT 507 PINE STREET IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: SCHILLING MIXED USE PROJECT APN: 204-081-01 CASE NO: RP 95-05 9 WHEREAS, John Schilling, “Developer” has filed a verified application with the 10 Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by I , 11 12 13 14 15 16 17 John Schilling, “Owner”, described as Lots 17, 18 and 19 in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the property); and WHEREAS, the Design Review Board did on the 18th day of September, 1996 and on the 16” day of October, 1996, held duly noticed public hearings as prescribed by law to consider said request for a Negative Declaration; and, 18 WHEREAS, at said public hearing and upon considering all testimony and 19 arguments, examining the initial study, analyzing the information submitted by staff, and 20 considering any written comments received, the Design Review Board considered all factors 21 relating to the Negative Declaration. + 22 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 23 Board as follows: 24 25 26 27 A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board hereby RECOMMENDS APPROVAL of the Negative Declaration according to the one page notice and the EIA Part II Form attached hereto and made a part hereof, based on the following findings: 28 '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 FINDINGS: 1. The Design Review Board of the City of Carlsbad has reviewed, analyzed and considered Negative Declaration (RP 95-05), the environmental impacts therein identified for this project and any comments thereon prior to approving the project. Based on the EIA Part-II and comments thereon, the Design Review Board finds that there is no substantial evidence the project will have a significant effect on the environment and thereby recommends approval of the Negative Declaration. 2. The Design Review Board finds that the Negative Declaration (RP 95-05) reflects the independent judgment of the Design Review Board of the City of Carlsbad. 3. The Record of Proceedings for this project consists of the initial study, EIA Part II, and Negative Declaration, which may be found at the City of Carlsbad Community Development Building, 2075 Las Palmas Drive, Carlsbad, California in the custody of the City Clerk, Director of Planning. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 16th day of October, 1996, by the following vote to wit: AYES: Design Review Board Members: Compas, Marquez, Savary & Scheer. NOES: Chairperson Welshons. ABSENT: None. ABSTAIN: None. KIM WELSHONS, Chairperson DESIGN REVIEW BOARD ATTEST: EVAN E. BECKER Housing and Redevelopment Director DREI RESO NO. 25 1 PAGE 2 15 ., zq *‘; t!aJ *,.:bd -Sity of 0’ I ’ C,rllsbad v NEGATIVE DECLARATION Project Address/Location: 507 Pine Street Project Description: Two-story mixed use project with 4 l-bedroom apartments, 1,537 square feet of retail space; 1,851 square feet of workshop space; enclosed parking for four vehicles; open parking for nine vehicles; and associated landscaping. Grading proposed totals 12 cubic yards of cut and 128 cubic yards of fill requiring 116 cubic yards of import. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the - project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the , Planning Department within 21 days of date of issuance. If you have any questions, please call Brian Hunter in the Planning Department at (619) 438-l 161, extension 4457. DATED: AUGUST 2, 1996 CASE NO: RP 95-05 I CASE NAME: PINE STREET PROJECT PUBLISH DATE: AUGUST 2, 1996 MICHAEL J.WGLZ&flLLER Planning Director M.,II HI4 I,, ;‘()75 I Cl!; I";llllliiS 111 0 C,tlIl!;t>iId. CA !~?00TI-l!i-/lj 0 (l>1’1) ,l:St\ llfjl - FAX (I,~‘)I 1 I?$ ())\‘I~1 - ENVTRO,:iENTAL IMPACT ASSESSMENT FORnl- PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: RP 95-05 DATE: 7-29-96 ‘BACKGROUND 1. CASE NAME: Pine Street Proiect 2. APPLICANT: John Schilling 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PO box 417 Carlsbad CA 92008 (619) 8900808 4. 5. DATE EIA FORM PART I SUBMITTED: 12-20-95 PROJECT DESCRIPTION: Mixed use nroiect which includes 4 residential units, 1537 square feet of retail suace and 185 1 square feet of workshop space at 507 Pine Street SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. c] Land Use and Planning 0 Transportation/Circulation 0 Public Services q Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics cl Water 0 Hazards 0 Cultural Resources q Air Quality Cl Noise 0 Recreation 0 Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. - - .., (To be completed by the Lead Agency) X q q q q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An remain to be addressed. ] is required, but it must analyze only the effects that I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier [-] , including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 73q(fl 8. Date Planning Director’s Signature Date 2 Rev. OX8 96 ENVIRONMENTAL IMPACTS -. STATE CEQA GUIDEL 1. .2S, Chapter 3, Article 5, Section 1~63 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative . Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. l “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but a potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 l If there are one o. ib-; potentially significant effects, the Lirj may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIr’,-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EV.\LUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Informat- ,ources). I LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (1,2) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (1,2) c) Be incompatible with existing land use in the vicinity? (1) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (1) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (1) II. POPULATION AND HOUSING. Would the proposal: a) W c) Cumulatively exceed official regional or local population projections? (2,) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (2) Displace existing housing, especially affordable housing? (2) III. GEOLOGIC PROBLEMS. Would the proposal result in or a> b) 4 4 e) 9 .d h) 0 expose people to potential impacts involving: Fault rupture? (2) Seismic ground shaking? (2) Seismic ground failure, including liquefaction? (2) Seiche, tsunami, or volcanic hazard? (2) Landslides or mudflows? (2) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (2) Subsidence of the land? (2) Expansive soils? (2) Unique geologic or physical features? (2) IV. WATER. Would the proposal result in: a) b) c> 4 Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (2) Exposure of people or property to water related hazards such as flooding? (2) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (2) Changes in the amount of surface water in any water body? (2) 5 Potentially Significant Impact 0 cl cl a q cl cl cl cl cl cl cl cl a cl cl 0 0 0 cl cl -. A .entially .5ignificant Unless Mitigation Incorporated q cl cl cl 0 cl cl q 0 cl 0 cl cl q 0 cl cl cl cl cl cl Less Than Significan t Impact 0 cl cl 0 cl q .I cl cl cl cl 0 cl cl 0 cl cl cl a a III No Impact (xl Ix1 El I8 Ix1 lxl Ix1 . 1x) IXJ lx lx I24 El (x1 Ix1 El lxl El El (x1 (x1 Rev. 03/28/96 Issues (and Supporting InformatJon Sources). e> 0 g) h) 0 Changes in currents, or the course or direction of water movements? (2) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (2) Altered direction or rate of flow of groundwater? (2) Impacts to groundwater quality? (2) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (2) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (2) b) Expose sensitive receptors to pollutants? (2) c) Alter air movement, moisture, or temperature, or cause any change in climate? (2) d) Create objectionable odors? (2) VI. TRANSPORTATION/CIRCULATION. Would the a) b) cl 4 d 0 g) proposal result in: Increased vehicle trips or traffic congestion? (2) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (2) Inadequate emergency access or access to nearby uses? (2) Insufficient parking capacity on-site or off-site? (2) Hazards or barriers for pedestrians or bicyclists? (2) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (2) Rail, waterborne or air traffic impacts? (2) VII. BIOLOGICAL RESOURCES. Would the proposal result 4 b) d 4 e) VIII. a> in impacts to: Endangered, threatened or rare species oitheir habitats (including but not limited to plants, fish, insects, animals, and birds? (1) Locally designated species (e.g. heritage trees)? (1) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (I) Wetland habitat (e.g. marsh, riparian and vernal pool)? (1) Wildlife dispersal or migration corridors? (1) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (2) PoIentially - Pa~entially Significak Impact ~ificant Unless Mitigation Incorporated cl Cl 0 0 Cl 0 cl 0 cl cl cl cl cl 0 0 0 cl 0 cl cl cl 0 cl Cl 0 cl Cl cl 0 0 cl cl 0 0 0 0 0 Cl 0 0 Cl cl 0 cl Less Than Significan t Impact 0 0 cl cl cl cl cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 No Impact lx lzl Ix) El Ix1 [XI Ix) 6 Rev. 03128196 22 Issues (and SUppOrtifIg lnformation Sources). b) Use non-renewable resources in a wasteful and inefficient manner? (2) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (2) IX. HAZARDS. Would the proposal involve: a) b) 4 4 4 A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (1,2) Possible interference with an emergency response plan or emergency evacuation plan? (I ,2) The creation of any health hazard or potential health hazards? (I ,2) Exposure of people to existing sources of potential health hazards? (1,2) Increase fire hazard in areas with flammable brush, grass, or trees? ( I ,2) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (2) b) Exposure of people to severe noise levels? (2) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (2) . b) Police protection? (2) c) Schools? (2) d) Maintenance of public facilities, including roads? (2) e) Other governmental services? (2) XII.UTILITIES AND SERVICES SYSTEMS. Would the a) b) c) 4 e) r) g) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (2) Communications systems? (2) Local or regional water treatment or distribution facilities? (2) Sewer or septic tanks? (2) Storm water drainage? (2) Solid waste disposal? (2) Local or regional water supplies? (2) XIII. AESTHETICS. Would the proposal: Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl cl 0 0 ,P,?lentially i IifiCLUH Unless Mitigation Incorporated 0 0 0 0 Cl 0 0 0 cl 0 0 cl cl 0 a cl 0 0 cl 0 q Less Than Significan t Impact 0 0 0 cl cl cl 0 cl 0 0 0 0 cl cl cl q 0 0 Cl 0 0 SO Impact El El IE3 lx &xl IXI El Ix) _ El El lxl El El Ix1 lxl IXI El (xl Ix1 IXI EJ Rev. 031213196 Issues (and Supporting lnfowtion Sources), 4 Affect a scenic or vista or scenic highway? (I ,2) b) Have a demonstrate negative aesthetic effect? (l,2) cl Create light or glare? (I ,2) . XIV. 4 b) cl 4 e) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (2) Disturb archaeological resources? (2) Affect historical resources? (l,2) Have the potential to cause a physical change which would affect unique ethnic cultural values? (l,2) Restrict existing religious or sacred uses within the potential impact area? (I ,2) XV. RECREATIONAL. Would the proposal: a) b) Increase the demand for neighborhood or regional parks or other recreational facilities? (1,2) Affect existing recreational opportunities? (1,2) XVI. -4 MANDATORY FINDINGS OF SIGNIFICANCE. Does the project’ have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistoty? Does the project have impacts that are individually limited, but cumulatively considerable? C‘Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 0 III 0 0 0 0 0 cl 0 cl q cl El Cl cl 0 cl cl 0 0 0 0 0 0 0 0 0 0 0 b) c> XVII. 1. 0 0 cl q 0 0 El . EARLIER ANALYSES. Village Master Plan and Design Manual, effective date January 12, 1996. This document is available for review at the Housing and Redevelopment Office, 2965 Roosevelt, Suite B, Carlsbad, CA 92008. 2. Final Master EIR for The City of Carlsbad General Plan Update (EIR 93-Ol), March, 1994. This document is available for review at the City of Carlsbad, Planning Department, 2075 Las Palmas Drive, Carlsbad CA 92009. Potrnhall- “.~lentially Significar. Impact J nificant Unless Mitigation Incorporated Cl q cl Less Than Signifhn t Impact NO Impan 8 Rev. 03/28/96 Earlier analyses may he used where, pursuant to the tiering, prr.Tram EIR, or other CEQA process, one or mo- Zfects have been adequately analyzed - n earlier EIR or negative declaration. Secti,., 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a> Earlier analyses used. Identify earlier analyses and state where they are available for review. W Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c> Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 DISCUSSION OF ENVLBONMENTAL EVALUATION - - LAND USE AND PLA. . . .? The project is a mixed use 4 unit residential over 1537 square foot retail and 185 1 square foot workshop with four garages and associated open parking and landscaping at 507 Pine Street. The General Plan is V for Village Redevelopment and the Zoning is VR for Village Redevelopment. The project is in complete accord with the surrounding land uses of residential, commercial, and light industrial. There is no farmland in the immediate vicinity. The lot is presently vacant. * POPULATION AND HOUSING: Properties within the vicinity of the project with residential development have been developed within the RMH General Plan residential density ranges of up to 15 dwelling units per acre. The project is proposing 14.8 dwelling units per acre. The site is presently vacant so no existing housing will be displaced. GEOLOGIC PROBLEMS: The General Plan indicates no unusual problems with this Pleistocene Beach Terrace. WATER The site is presently vacant. The development of the .27 acre infill site will take advantage of the completely developed infrastructure so that there will be no impact. AIR OUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. 10 Rev. 03/28/96 26 CIRCULATION: ? The implementation of subsequent projects that are consistent with and included in the updated . 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the Genera1 Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. BIOLOGICAL RESOURCES There are no biological resources present on site. NOISE The project is within the noise impact area from the railroad corridor. The building department will ensure that construction meets the interior noise requirements for dwelling units per the plancheck process. There are no adopted outdoor standards for apartment projects as there is no required open space. 11 Rev. 03/28/96 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 DESIGN REVIEW BOARD RESOLUTION NO. 252 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF A MIXED USE BUILDING INCLUDING RETAIL, WORKSHOP SPACE AND FOUR RESIDENTIAL UNITS AS WELL AS RELATED SIGNAGE AND SITE IMPROVEMENTS ON PROPERTY LOCATED AT 507 PINE STREET IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: SCHILLING MIXED USE PROJECT APN: 204-081-01 CASE NO: RP 95-05 WHEREAS, John Schilling, “Developer” has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by John Schilling, “Owner”, described as Lots 17, 18 and 19 in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the property); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit and Sign Permit as showr? on Exhibits A-F, dated September 18, 1996 on file in the Housing and Redevelopment Department, Schilling Mixed Use Project RP 95-05 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 18th day of September, 1996, and on the 16” day of October, 1996, hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to Major Redevelopment Permit 95-05. DRE3 RESO NO. 252 PAGE 1 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 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Major Redevelopment Permit, Schilling Mixed Use Project, RP 95-05, and the related sign permit based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the subject project will have no significant impact on the environment and has recommended approval of a Negative Declaration for the subject project to the Housing and Redevelopment Commission. 2. The Project qualifies as a Major Redevelopment Permit under Chapter 21.35 of the Carlsbad Municipal Code because the project involves new construction of a building with a building permit valuation exceeding $150,000. 3. As established within the staff reports to the Design Review Board dated September 18, 1996 and October 16, 1996, the Project has been determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with the following additional findings to allow for reduced setback and parking standards, an increase in density for one (1) unit, and for non-standard street improvements: a) The reduced setback and parking standards will not have an adverse impact on surrounding properties due to the location of the project site. The site is bordered on three sides by public streets and adjoined on the south by a single family property. The building is separated from the single family home by the parking lot and five foot landscaped setback. Also, there are a variety of setbacks already existing in the area of the project. b) The reduced setback and parking standards will assist in developing a project which meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is located. The reduced setback and parking standards will allow the applicant to build a project which will be financially feasible and remain generally consistent with the established development standards for the area. Mixed use, neighborhood commercial development is very desirable within Land Use District 5. The reduced setback and parking standards are necessary to facilitate the development of the proposed project. DRB RESO NO. 252 PAGE 2 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 C) 4 e) g) h) The reduced setback and parking standards will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. Due to the fact that Roosevelt Street represents a pedestrian corridor and that there are a number of residential units in the immediate area of the proposed project, it was important to design the project in a manner which takes advantage of pedestrian traffic and does not conflict with it. By developing the subject project in a manner which brings it closer to the sidewalks and designing the parking lot as proposed, the project will connect better with pedestrians and create a more positive interaction between residents, commercial tenants and the pedestrians in the area. The project is compatible with surrounding land uses. The land uses surrounding the proposed project include a variety of uses such as residential, retail, and light industrial. In addition, mixed use projects are strongly encouraged within Land Use District 5, as set forth in the new Village Master Plan. Also, mixed use projects are encouraged for the Village, as stated in the Carlsbad General Plan. The public facilities, such as sewer, water, and other public improvements, are currently in place and adequate to allow construction of the subject project, with the increased density. The project is located in close proximity to a freeway (I-5), major roads (Carlsbad Village Drive and Carlsbad Boulevard, elementary schools (Pine and Jefferson), a park (Chase Field) and the Village Transit Station. There are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a standards waiver to allow for non-standard street improvements. The east side of the project site fronts on Roosevelt Street, which is the designated corridor for future thematic streetscape improvements, similar to the streetscaping project recently completed along Carlsbad Village Drive. It is anticipated that the improvements to be installed under this standards waiver will be compatible and enhance the connection of Pine Street to the future Roosevelt Street Improvements. The improvements will consist of enhanced brick pavers, landscaping, lighting, and sitting areas. The applicant is willing to install these improvements at their own expense and has limited the improvements along their project frontage on Roosevelt Street to provide an opportunity for the future streetscape theme to continue uninterrupted along the designated corridor. The granting of a standards waiver for the non-standard street improvements will not cause substantial drainage problems. The proposed surface improvements are to be installed to match the existing grade and elevations of the existing improvements, which drain in a positive direction * DRB RESO NO. 252 PAGE 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 to the public storm drain system. i) The granting of a standards waiver for the non-standard street improvements will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use. The proposed improvements do not involve modifications to the travel lanes of the streets nor will it cause any changes to the street parking. The width of the existing sidewalk fronting the project will not be changed. j) The granting of a standards waiver for the non-standard street improvements will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the standards waiver is granted. The proposed surface improvements will be at the same grade as the existing improvements and the landscape, lighting and benches will be situated out of the pedestrian travel path. k) The granting of a standards waiver for the non-standard street improvements will not adversely affect the comprehensive general plan. The roads surrounding this project are not designated as Circulation Element roadways within the Carlsbad General Plan. 4. The granting of the ten foot street vacation will have no adverse impact on vehicular circulation within the area and the surplus right-of-way is not required for future public street purposes. The project is approved with the understanding that the required street vacation will be approved by the Carlsbad City Council prior to approval of the redevelopment permit for the subject project. 5. Due to configuration of the site, the project is unable to provide an acceptable alternative for access to the site. Approval of an access off of Roosevelt Street will not have an adverse impact on pedestrian or vehicular circulation within the area. GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS: 6. The Design Review Board finds that the project, as conditioned herein is in conformance with the Elements of the City’s General Plan, based on the following: a) That the General Plan identifies the “Village” and references the Village Master Plan and Design Manual as the appropriate land use plan for the area. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design Manual, effective as of January 12, 1996, because it will provide for an encouraged land use within Land Use District 5 of the Village Redevelopment Project Area. The uses allowed in this land use district include retail and residential as well as mixed use projects. b) That the existing streets can accommodate the estimated ADTs and all required public right-of-way has been dedicated and has been or will be improved to ’ DRE3 RESO NO. 252 PAGE 4 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedesnian-oriented building design, landscaping, lighting and street furniture. 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. c) That the project is required to comply with Title 24 of the Uniform Building Code which sets forth insulation requirements to reduce internal noise levels for the residential apartment units to a level not to exceed 45 dBA CNEL, which is consistent with the Noise Element of the General Plan. d) The project is consistent with the City’s General Plan since the proposed project will be consistent with the residential density applicable to the RMH density designation which has been assigned to the property with the approval of a density increase and the findings below to exceed the Growth Management Control Point for the subject site. The project is permitted to exceed the Growth Management Control Point of 3.11 for the site based on the following findings: 1. 2. 3. There is no need for the project to provide additional public facilities for the density in excess of the control point (one housing unit).The Developer has been conditioned to pay the appropriate public facilities fee for the subject project which will ensure that adequate public facilities will be provided within the area to serve this and other projects in the future. There have been sufficient developments approved in the northwest quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit. All necessary public facilities required by Chapter 21.90 of the Carlsbad Municipal Code will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with the adopted City standards. e) The project is consistent with the Housing Element of the General Plan, the City’s Inclusionary Housing Ordinance, and the Redevelopment Agency’s Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict one (1) dwelling unit as affordable to low income households. DRB RESO NO. 252 PAGE 5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 7. 8. fl g) h) 8 The proposed project will not have an adverse impact on any open space within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for commercial/mixed use development. The project is also consistent with the Open Space requirements for new development within the Village Redevelopment Area. 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. The proposed project has been conditioned to pay all applicable fees related to the construction of public facilities, including parks and recreation facilities. The proposed project has been conditioned to require the developer to consult with the City’s Art Manager in the construction of the above standard public improvements which could incorporate art-related features, such as an artist designed park bench. 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: b) cl 4 The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. Statutory School Fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. All necessary public improvements have been provided or are required as conditions of approval. 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 of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 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 the Local Facilities Management Plan prepared ’ DRB RESO NO. 252 PAGE 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities. 9. The project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 10. The project is conditioned to comply and remain consistent with the City’s Landscape Manual, adopted by City Council Resolution No.90-384. 11. The Design Review Board has reviewed each of the exactions imposed on the Developer 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 degree of the exaction is in rough proportionality to the impact caused by the project. , GENERAL AND PLANNING CONDITIONS: 12. The Design Review Board does hereby RECOMMEND APPROVAL of Major Redevelopment Permit, Schilling Mixed Use Project, RP 95-05, and the related sign permit, subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all necessary corrections and modifications to the Exhibits and/or other documents to make them internally consistent and in conformity with final action on the project. Developer shall develop the property substantially as shown on the approved Exhibits, or first obtain appropriate amendment(s) to this approval. 13. The Developer shall provide the Agency with a reproducible 24” X 36”, mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. 14. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution on a 24” X 36” blueline drawing. 15. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 16. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth ~ management system or Facilities and Improvement Plan. If the fees are not paid,’ I DRB RESO NO. 252 PAGE 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. this application will not be consistent with the General Plan and approval for this project will be void. The Developer shall provide proof of payment of statutory school fees, if applicable, to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. Prior to the issuance of the Redevelopment 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 issued a Redevelopment Permit by Resolution No. 252 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inctusion in the Notice of Restriction. The Planning Director or the Housing and Redevelopment Director has the authority to execute 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. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director or the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director or Housing and Redevelopment Director. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director or Housing and Redevelopment Director. An exterior lighting plan including parking areas shall be submitted for Planning Director or Housing and Redevelopment Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Planning Director or Housing and Redevelopment Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director or Housing and Redevelopment Director prior to the approval of the grading or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain ’ DRF3 RESO NO. 252 PAGE 8 / I I I I I 1 I , I I / . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. 25. 26. 27. 28. 29. all landscaping in a healthy and thriving conditions, free from weeds, trash ard debris. The first submittal of detailed landscaping and irrigation plans shall he accompanied by the project’s building, improvement and grading plans. The project’s discretionary sign permit is approved as part of this redevelopment permit. All building signs shah conform to the plans submitted for approval under this permit. Any changes to the sign plan shall require prior written approval from the Planning Director or Housing and Redevelopment Director prior to the installation of signs on the building. Building permits shall be required for the installation of all approved signs on the building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street; color of identification and/or addresses shall contrast to their background color . Prior to the issuance of building permits for the building, including the residential units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling unit within the project affordable to lower-income households for the useful life of the dwelling unit, in accordance with the requirements and process set forth in Chapter 21.85, Section 2 1.85.150 of the Carlsbad Municipal Code. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Prior to issuance of building permits, the Developer shall apply for and obtain approval to participate in the Village Parking In-Lieu Fee Program and pay the applicable fee established by the Carlsbad City Council for a total of four (4) parking spaces. If the Developer is unable to obtain approval to participate in the Parking In-Lieu Fee Program and/or does not pay the applicable fee for four (4) spaces, the approval of this permit shaB become null and void. In preparing the detailed public improvement plans for the Project, which include non-standard sidewalk improvements the Developer shall consult with the City of Carlsbad’s City Engineer, Housing and Redevelopment Director and Arts Manager prior to completing the plans to design the project in a manner which is consistent with the proposed Roosevelt Street Streetscape Improvement Plans and incorporates appropriate art elements. The final improvement plans shall be approved by the City Engineer, following consultation with the Housing and Redevelopment Director. If the Roosevelt Street Streetscape Improvement Plans are not approved by the City of Carlsbad in a timely manner, the City Engineer is authorized to approve an alternate plan prepared by the Developer if acceptable to the City Engineer and Housing and Redevelopment Director. DREI RESO NO. 252 PAGE 9 1 2 3 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. 31. Where retail and workshop spaces are adjacent, the property owner of the subject project shall be required to lease the workshop and retail space together. The workshop space must be used as an extension of a single business operation. The workshop space may not be used for a business enterprise which is separate from the on-site retail space. The retail suites on the site may be used for the sale of items which are permitted within Land Use District 5. The workshop space may be used for the production of the same permitted sale items to be sold within the retail suite. ENGINEERING CONDITIONS: 32. 33. 34. The developer shall pay all current fees and deposits required. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide the best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 4 b) cl All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 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. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvement. DRBRESON0.252 PAGE10 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 35. 36. 37. 38. Plans, specifications and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install ‘and secure with appropriate security as provided by law, improvements shown on the site plan. The structural section for the access aisle shall be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area. The structural pavement design of the aisle way shall be submitted together with required R- value soil test information and approved by the City as part of the building site plan review. Prior to building permit issuance, the developer shall submit and receive approval of a street vacation of ten feet along the project frontage on Pine Avenue. If approval for the street vacation is not granted, approval of the site plan shall be null and void. Prior to building permit issuance, the developer shall submit and receive approval for an encroachment permit for the above ground non-standard street improvements from the City Engineer. WATER, SEWER AND FIRE CONDITIONS 39. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity. pressure and flow demands can be met. 40. The Developer shall be responsible for all fees, deposits, and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installations. 41. Sequentially, the Developers Engineer shall do the following: a) Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. b) Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. c) Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e.. GPM - EDU). DRE3 RESO NO. 252 PAGE 11 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 42. This project is approved under the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the project plans. 43. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and .local Fire Codes. The plans must include a site plan which depicts the following: a) Location of existing public water mains and fire hydrants. b) Location of off-site fire hydrants within 200 feet of the project. c) Depiction of emergency access routes, driveways and traffic circulation for Fire Department approval. 44. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 1. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 2. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. 3. 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 permit issuance, except as otherwise specifically provided herein. 4. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 5. The project shall comply with insulation requirements for residential units to reduce the interior noise levels within the apartments to 45 dBA CNEL pursuant to Title 24 of State Building Code. 6. 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 Planning and Building. DRB RESO NO. 252 PAGE 12 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 *16 Y' 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Director. The project shall comply with recycling collection area requirements pursuant to Section 21.105.060. The recycling area shall be noted on the fmal plans submitted for applicable building permits for the project. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. If any of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Agency’s approval of this Resolution, . PASSED, APPROVED, AND ADOPTED at a special meeting of the Design Review Board of the City of Carlsbad, California, held on the 16th day of October, 1996 by the following vote to wit: AYES: Design Review Board Members: Compas, Marquez, Savary 8r Scheer. NOES: Chairperson Welshons. ABSENT: None. ABSTAIN: None. . 7$?d!L& KIM WELSHONS, Chairperson DESIGN REVIEW BOARD ATTEST: EVAN E. BECKER’ Housing and Redevelopment Director DREt RESO NO. 252 PAGE 13 - EXHIBIT 6 City of Carlsbad Housing and Redevelopment Department A SUPPLEMENTAL REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: April 2, 1996 Environmental Review: Nea. Dec. 8/2/96 Staff: Debbie Fountain Brian Hunter Ken Quon 1 DATE: October 16, 1996 SUBJECT: RP 95-05 - SCHILLING MIXED USE PROJECT - Request for a Major Redevelopment Permit to allow the construction of a mixed use project which includes 4 residential units, 1537 square feet of retail space and 1851 square feet of workshop space at 507 Pine Street, between Tyler Street and Roosevelt Street in the Village Redevelopment Zone/Land Use District 5. The following provides a supplemental report on the Schilling Mixed Use Project for Design Review Board consideration during the continued public hearing to be held on October 16, 1996. BACKGROUND On September 18, 1996, the Schilling Mixed Use project was presented to the Design Review Board for consideration. The Board raised several questions regarding the project design and special features which could not be adequately addressed during the hearing on September 18th due to time constraints. Consequently, the public hearing was continued to October 16, 1996 in order to allow staff the opportunity to provide the Board with additional information on the project as related to I) residential density, 2) parking, 3) noise conflicts*between workshop space and residential units, 4) vacation of the city street, 5) location of the trash enclosure, 6) lighting plan, 7) the roll up doors for the workshop space, 8) loading and unloading areas, and 9) limits on the operations of the workshop/retail spaces. The questions or issues raised by the Design Review Board are addressed in further detail within this report. Also, staff has addressed two additional issues which required more discussion 1) landscaping in public right-of-way; and, 2) building setbacks. 41 RP 95-05 Supplemental Report October 16,1996 Page 2 Residential Density Chairperson Welshons raised the issue of residential density as related to the calculations in the staff report and concern regarding the application of a density bonus to the subject project. As mentioned in the original project report, the site area for the proposed mixed use project is .27 acres, approximately a quarter of an acre. Density designations are set according to full acres of land. So, within the original report staff calculated what the project density would be if related to a full acre site. With the 4 dwelling units proposed, the project results in a density of 14.8 dwelling units per acre which is within the upper range of the RMH designation (8 to 15 units) assigned to the property. The project is, therefore, consistent with the RMH density designation. However, in reviewing residential density, the City must also consider the Growth Management Control Point (GMCP) for the property which is determined to be the midpoint of the density range. For the subject project, the GMCP is 11.5 (midpoint between 8 and 15). Application of the GMCP (11.5 X .27) to the subject site results in permitted dwelling units equal to 3.11. The project proposes 4 one bedroom units, which exceeds the GMCP by 1 unit because we round to the lowest whole number. For information purposes, both the Planning and Redevelopment Departments agree that 4 units are appropriate for the subject site. The density is not excessive. The City will be granting only one additional residential unit above that which the applicant would be permitted to have under normal circumstances. Since there are nearly 1000 units in the excess dwelling unit bank for the Northwest Quadrant, granting one additional unit to the subject project creates no threat of exceeding the housing cap for the quadrant. The Village Master Plan and Design Manual sets forth the process for addressing residential density for each project within the Redevelopment Area. The Manual states that the maximum project density may not exceed the GMCP for the applicable density designation unless a density increase or bonus is granfed in accordance with Chapters 21.53 and 21.86 of the Carlsbad Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad Municipal Code to exceed the GMCP. In general, these findings are: I) assurances that adequate public facilities are provided to compensate for the increase in density; 2) that the granting of the increase will not result in the northwest quadrant exceeding its housing cap; and 3) all required public facilities will be constructed or guaranteed to be constructed concurrently to meet the need created by this development. These findings are included in the resolutions recommending approval of the project and contained in the original staff report. 42 RP 95-05 Supplemental Report October 16,1996 Page 3 In the original staff report, redevelopment staff recommended that the Density Bonus Ordinance (Chapter 21.86) be applied to the project to allow for the additional unit and an incentive representing a reduced parking standard for the entire mixed use project because it was believed that the density bonus was the most appropriate method for approving the additional density for the project. Concern was raised by Chairperson Welshons, however, over the fact that the density bonus ordinance specifically refers to housing development of at least five (5) units. The following information is provided to clarify the two methods for approving increased density for the subject project. Staff hopes that this information will help to clarify the authorization under which the City/Redevelopment Agency can grant additional density for a project and what staffs current position is on how to grant additional density for the Schilling Mixed Use Project. Densitv Bonus (Chapter 21.86): Chapter 21.86, the Density Bonus Ordinance, was incorporated into the Carlsbad Municipal Code because California State Law requires the City to grant a density bonus of 25% and provide one additional incentive to any housing developer of five (5) units or more who agrees to construct 1) a minimum of 20% of the total units of the housing development as restricted and affordable to low-income households; or 2) a minimum of 10% of the total units of the housing development as restricted and ‘affordable to very low income households; or 3) a minimum of 50% of the total units of the housing development as restricted to qualified (senior) residents. State Law does not give the City a choice in granting additional density for projects which include five (5) dwelling units or more and where the applicant has agreed to provide the required affordable hous/ng as noted above; the City must do this. According to the State Department of Housing and Community Development (HCD), the City mav also apply the density bonus law to smaller projects (less than 5 units); it is not required but it is an allowed option that cities have used historically in implementing density bonus law. The general City position has been, however, that the Density Bonus Ordinance shall only apply to projects of 5 units or more. Therefore, based on advice from the City Attorney’s Office, staff is now recommending that the Density Bonus Ordinance not be applied to the subject project. The Redevelopment Agency still has the authority to grant a density increase and modify standards for the subject project. The authority to grant density increases and modify development standards is also provided through Chapter 21.53 of the Carlsbad Municipal Code. RP 95-05 Supplemental Report October 16,1996 Page 4 Site Development Plan (Chapter 21.53): Chapter 21.53 refers to the requirement to process a Site Development Plan for an affordable housing project of anv size. The plans submitted for the Redevelopment Permit serve as the required Site Development Plan. Under a Site Development Plan approval and via the General Plan, the City/Agency can grant a density increase and approve reduced standards for the subject project because it provides for an affordable housing unit. Any site development plan application request to increase residential densities (either above the GMCP or upper end of the residential density range) for purposes of providing lower-income affordable housing must be evaluated relative to 1) the proposal’s compatibility with adjacent land uses; 2) the adequacy of public facilities; and 3) the project site being located in proximity to a minimum of one of the following: a freeway or major roadway, a commercial center, employment opportunities, a city park or open space, or a commuter rail or transit center. Through the site development plan (redevelopment permit) process, the City/Agency may also reduce or modify standards, such as the parking and the setbacks for the project. Chapter 21.53 of the Carlsbad Municipal Code provides the authority to the Design Review Board and Housing and Redevelopment Commission to approve the subject project as proposed. Residential Density Issue Summary: After further staff discussion on the residential density issue, staff is recommending that the Design Review Board approve Resolution No. 252, as revised by staff and attached to this report, recommending approval of the additional density and reduced standards for the project through application of ‘Chapter 21.53 of the Carlsbad Municipal Code and the Site Development Plan process, rather than the previously recommended Density Bonus Ordinance. The following findings have been incorporated into DRB Resolution No. 252 to allow approval of the increased density through the Site Development Plan/Chapter 21.53 process: 1. The project is compatible with surrounding land uses. The land uses surrounding the proposed project include a variety of uses such as residential, retail, and light industrial. In addition, mixed use projects are strongly encouraged within Land Use District 5, as set forth in the new Village Master Plan. Also, mixed use projects are encouraged for the Village, as stated in the Carlsbad General Plan. RP 95-05 Supplemental Report October 16,1996 Page 5 2. The public facilities, such as sewer, water, and other public improvements, are currently in place and adequate to allow construction of the subject project. 3. The project is located in close proximity to a freeway (l-5), major roads (Carlsbad Village Drive and Carlsbad Boulevard; elementary schools (Pine and Jefferson), a park (Chase Field) and the Village Transit Station. Redevelopment Staff strongly believes that it is its role to facilitate development in the Village according to the Master Plan while also complying with our established standards which were designed to be flexible and to allow for unique projects. The subject project is very desirable and it has been designed to meet the goals and intent of applicable design and development standards set forth in the Village Master Plan and Design Manual. The applicant is proposing to build the project because he believes that it is needed within the community and it can help to initiate other improvements within the area. The applicant is financing the project entirely on his own. The Density Increase and reduced parking and setback standards will assist the applicant in development of the subject project. Therefore, staff supports the density increase and the reduced parking and setback standards. As an additional note for considering the proposed project, it is important to distinguish between more general opposition to mixed use projects and the appropriateness of the density increase and reduced standards. If the primary concern about the project is its mixed use nature, that specific issue should be addressed. The Design Review Board is under no obligation to recommend approval of the project with the added density and reduced standards. However, if the Board believes the project is desirable and is appropriate for the area, staff believes the Board has more than adequate justification to recommend approval of it to the Housing and Redevelopment Commission. Parkinq: As stated within the original staff report, the project is required to provide off street parking per the standards set forth within the Village Master Plan and Design Manual. As a mixed residential-commercial project, the total parking requirement is twenty (20) spaces. Staff recommended that the workshop space be restricted in that it must be used in conjunction with an on-site retail suite; the space can’t be leased to a separate, unrelated business. Due to the uniqueness of the project and to compensate for this proposed restriction as well as to provide an “additional incentive” for the purposes of 45 RP 95-05 Supplemental Report October 16,1996 Page 6 developing a unit on the site which will be restricted for affordable housing purposes, staff is recommending that the Design Review Board recommend approval of a reduced parking requirement for the project. Staff recommended that the Board consider approval of a modified parking requirement for the workshop space of 1 space per 650 square feet of gross floor space, which is developed by averaging a 50% retail (1:300) and 50% warehouse (1 :I 000) standard. When applied to the project, this modified parking requirement would result in 8 spaces for the residential, 6 spaces for the retail and 3 spaces for the workshop space, which amounts to 17 spaces total. The practical effect of this modified parking requirement is that the parking requirement for the project would be reduced by 3 spaces. While there is a logical basis for this parking reduction, it can also be considered an incentive for providing affordable housing and a desired mixed use project. Per the Village Master Plan, the applicant is eligible to participate in the Parking In-Lieu Fee Program for a maximum of 25% of the project parking requirement. Therefore, the applicant is eligible to pay a fee for up to 5 parking spaces. The applicant will provide 13 parking spaces on site and pay the Parking In-Lieu Fee for 4 spaces. If the Housing and Redevelopment Commission approves the reduced parking requirement for the project, the construction of 13 spaces on site and the payment of the fee for 4 spaces will satisfy the project requirement for parking. As a side note, the applicant has agreed to provide signage which indicates “parking in rear”. The sign will be mounted on the wall of the building which fronts on Roosevelt Street. Noise Conflicts: Board member Marquez expressed concern about the noise generated from the workshop space and the potential impact on the residents of the project. As staff indicated in the hearing on September 16, 1996, residents moving into this project will need to go in with their “eyes open”. They will need to understand that it is a mixed use project and there are inherent differences between this and traditional residential areas. This mixture of activities and uses that may bother some, is what attracts others. The applicant has indicated to staff that there will be one hour fire rated floors, ceilings and walls separating the retail/workshop space from the residential units, as required by the Uniform Building Code. Noise control must meet minimum Sound Transmission Standards (STC) as well as Impact Insulation (IIC) requirements. RP 95-05 Supplemental Report October 16,1996 Page 7 The project will also provide for resilient sound channels and light weight concrete on the floor and ceiling assemblies between the garage and workshop space and the residential units to reduce sound transmission between the spaces, As stated in the findings for approval of the subject project, the project is required to comply with Title 24 of the Uniform Building Code, which sets forth insulation requirements to reduce internal noise levels for the residential apartment units to a level not to exceed 45 dBA CNEL. New projects developed today or in the future will be better insulated and provide for more noise control than any residential units built in the past. Vacation of a Portion of City Right-of-Wav: In the design phase of the project, the applicant was experiencing problems meeting the sight distance requirements for the project as set forth by the Engineering Department. To assist in facilitating the development of the project, Engineering Staff suggested that the applicant apply for a street vacation of 10 feet. There is currently excess right of way (20 feet) which is not required for public street or improvement purposes per the Engineering Department. In exchange for the vacation of the right-of- way, the applicant offered to provide enhanced paving and landscaping to compliment the future streetscape improvements to Roosevelt Street. This is an important feature of the project which provides a substantial benefit to the City and the area in which the project is to be located. The site improvements currently include sidewalks on all three sides of the property. Therefore, the project would not have had any additional requirement to provide for these improvements. However, in an attempt to show his commitment to doing his part to improve the area, the applicant offered to provide enhanced above ground improvements which include brick pavers, park benches and attractive landscaping. Location of Trash Enclosure: Trash Enclosures are very often difficult to locate on a site. Originally, the applicant proposed that the trash enclosure be located at the exit from the driveway, adjacent to Tyler Street. This is probably the preferred location in terms of aesthetics. However, this location creates safety problems related to sight distance for exiting vehicles. Consequently, Engineering staff required the relocation of the trash enclosure to the Roosevelt side of the parking lot. One of the goals of the Village Master Plan is to reduce the pedestrian conflicts on Roosevelt Street. The exit onto Tyler Street assists in RP 95-05 Supplemental Report October 16,1996 Page a the effort to reduce these pedestrian conflicts on Roosevelt Street because pedestrians will not need to worry about vehicles exiting from the parking lot. Vehicles entering the site will be able to clearly see pedestrians and wait for them to cross the driveway before entering into the parking lot. For trash collection purposes, the current location is also more convenient. To screen the trash enclosure from Roosevelt Street and the neighboring residents, the applicant has proposed to use decorative masonry walls and a landscape planter area. The applicant can work with the trash collection company to arrange a service schedule which reduces any negative impact on adjacent residents as well as those located on the site. Liqhtinq Plan: As a condition of approval, the applicant is required to submit and obtain approval of an exterior lighting plan for the plan, including the parking area. This plan must be approved by the Planning Director or the Housing and Redevelopment Director. All lighting must be designed to reflect downward and avoid any impacts on adjacent homes or property. In response to the lighting concern raised by Member Marquez, the applicant indicated that the current proposal is to install two free standing parking light poles with shields within the parking lot. Additional lighting shall be provided by down lights located in the soffit on the south side of the proposed building. As an additional note on security, the residential units will be controlled at the street level by providing lockable wrought iron gates and security lighting on both the south and north entry to the stair/mailbox center alcove. Roll Up Doors for Workshop Space At the request of Member Marquez, the applicant has provided information on the garage and workshop doors. The roll-up doors will all match. They will be sectional raised panel roll-up doors with glass lights. They will not be an “industrial” metal roll-up door. They shall be residential in scale, except for the added height, and the quality has been selected to match the architectural treatment of the building. The noise generated from the doors will be similar to the noise generated by a residential garage door. RP 95-05 Supplemental Report October 16,1996 Page 9 LoadinqNnloadinq Areas Staff has proposed no restrictions on the times in which deliveries may be made to and from the proposed project. If the Design Review Board desires to do so, a condition may be added to the resolution limiting delivery hours. It should probably be recognized that the types of deliveries and trucks will not be large in comparison to deliveries made to grocery stores or restaurants. The retail within the complex will be small in scale and will most likely represent a “mom and pop” type operation. As indicated during the hearing on September 16th, the project provides a wide enough driveway which will allow for use of the parking spaces as well as an area to load and unload products and/or supplies to the retail and workshop areas. Restrictions on Hours of Operation within Retail and Workshop Space: Staff has not suggested any type of restriction on the hours of operation for the retail and workshop spaces. Since the workshop space is to be used together with the retail space, it is very likely that the workshop space will be used either before the store is open or after the store closes. Staff did not feel that it was reasonable to try and regulate the hours of use. Staff suggests that the property owner be allowed to regulate the hours of use through lease agreements. The property owner or manager will ultimately be responsible for any complaints received from neighbors or residents of the project and will most likely need flexibility to resolve them. As a reminder, the types of retail permitted within the front suites will dictate the type of activities to occur within the workshop area. For example, arts and crafts may be sold in the front retail suite. The proprietor of the shop may specialize in handmade toys. The shopkeeper will establish his/her retail outlet in the front and set up his/her equipment to make the toys in the back workshop. The toymaker may use a table saw, a hammer, etc. to make his/her products; these types of tools would be similar to those used by local residents in their garages or homes. Conversely, a cabinet maker would not be permitted to lease space in the project because he/she has a business which is considered light industrial and would not be allowed on this site within Land Use District 5. A cabinet maker would typically have much more industrial type equipment and supplies for making products which would produce higher levels of noise. RP 95-05 Supplemental Report October 16,1996 Page 10 Landscapina in the Public Rinht-of-Wav During the hearing on September 18, 1996, Chairperson Welshons inquired about landscaping between the sidewalk and the street. On Roosevelt Street, there is a “parkway” area between the existing sidewalk and the curb. This area will be landscaped by the applicant to include groundcover and three (3) trees. The landscape plan provides information on the type of groundcover and trees. There is currently no similar parkway area to be located on Tyler or Pine. Buildinq Setbacks In the staff report to the Board dated September 18, 1996, staff indicated that all of the building setbacks were proposed at the minimum 5 feet. This is within the range for the permitted setbacks (5ft to IOft or 5 ft to 20ft). However, to allow the minimum (of 5 feet) setback to be used, the applicable findings must be made by the Design Review Board and recommended to the Housing and Redevelopment Commission. These findings were outlined in the original staff report. Staff believes there is adequate justification to make the findings and allow the reduced 5 foot setbacks. Staff recently discovered that the above information is not entirely correct. On the east and west side of the property, there are some features (entryway) of the building which actually extend to the property line; this results in no setback from the property line for these portions of the building. Also, on the east side of the project, a portion of the building (workshop space) provides for a 3 foot setback only. For these areas of the project, the Design Review Board would need to recommend, and the Housing and Redevelopment Commission would need to approve, reduced setback standards for the project which are below the range indicated in the Village Master Plan and Design Manual. As noted above in the section on residential density, the Design Review Board and the Housing and Redevelopment Commission have the authority through Chapter 21.53 of the Municipal Code to approve reduced development standards for a project which provides affordable housing. The subject project provides for a very desirable mixed use project as well as an affordable housing unit. Staff believes that the reduced setback standards are justified for the following reasons: l The general purpose and intent of the Carlsbad Village Area Redevelopment Plan is to eliminate blight and economically enhance the Village Redevelopment Area through stimulation and attraction of private investment. This project eliminates a blighting influence in Land Use District 5 through development of a vacant lot into a project which is both desirable and practical for the area. One of the objectives of RP 95-05 Supplemental Report October 16,1996 Page 11 the Redevelopment Plan is to provide for a variety of spaces and locations for specialty, unique and attractive shops with strong pedestrian orientation. The project as proposed assists the area to achieve this objective. l At this time, it is very difficult to finance mixed-use projects through a private lending institution. This is primarily due to the fact that personnel of lending institutions do not have adequate data on the success of these types of project and are very uncomfortable in approving loans for them. Therefore, the applicant will be financing the project entirely on his own. The hope is that in time a successful “track record” will be created which can be used to encourage lending institutions to make new loans on mixed use types of projects. In the meantime, the applicant must develop a project which he can afford to finance and operate. Without the reduced setback standards, the applicant will not be able to build the project which would result in a great loss to the Redevelopment Area. l The proposed mixed-use project will initially be the only project of its kind in the Village Redevelopment Area. Therefore, it has features which are unique to this proposed development which must be addressed with special consideration. Because the property is bordered on three sides by public streets and the property fronts on Pine Street, the side setback standards are not as critical for preserving privacy and creating space between buildings. In fact, due to the desire to enhance the pedestrian orientation on Roosevelt Street and draw retail customers into Land Use District 5 from Carlsbad Village Drive, it is important to develop some features of this project right to the property line for visibility purposes. l The setback standards were established to provide for areas which can be landscaped, provide for desirable pedestrian amenities, and create space between buildings. The project as proposed will provide for landscaping and the desirable pedestrian amenities which is consistent with the Village Master Plan and Design Manual. The side setbacks are not needed to create space between buildings. CONCLUSION Staff continues to recommend approval of this project. The project will provide for a very desirable mixed use project with “shopkeeper” type units which are currently very RP 95-05 Supplemental Report October 16,1996 Page 12 difTicult to finance. Since the applicant is willing to finance the project on his own in order to help get things started, staff believes it is incumbent upon us to try and assist him wherever we are able. Attached for your information is a copy of a letter from Connie Trejo and Frances Jauregui-Moreno supporting the Schilling Mixed Use Project. EXHIBITS: 1. Revised DRB Resolution No. 252, recommending approval of Major Redevelopment Permit 95-05. 2. Original DRB Resolution No. 251, recommending approval of the Negative Declaration for Environmental Review. 3. Correspondence from Connie Trejo and Frances Jauregui-Moreno, dated September 25, 1996. City of -. Carlsbad NEGATIVE DECLARATION Project Address/Location: 507 Pine Street Project Description: Two-story mixed use project with 4 l-bedroom apartments, 1,537 square feet of retail space; 1,851 square feet of workshop space; enclosed parking for four vehicles; open parking for nine vehicles; and associated landscaping. Grading proposed totals 12 cubic yards of cut and 128 cubic yards of fill requiring 116 cubic yards of import. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California _ Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the 1 Planning Department within 21 days of date of issuance. If you have any questions, please call Brian Hunter in the Planning Department at (619) 438-l 161, extension 4457. DATED: AUGUST 2, 1996 CASE NO: RP 95-05 CASE NAME: PINE STREET PROJECT PUBLISH DATE: AUGUST 2, 1996 MICHAEL J.+/GLZtiLLER Planning Director M.III ,,,, 111 :‘07f, 1 iI!> I’~llll~~iS I)1 - C;;lII:,I~;~(j. <:A O?OO<) l!j./(j - (fil’b) ,1:3t\ llfil - I AX (010) /l:(I< (It(!).1 53 BACKGROUND ENVIRONMENTAL IMPACT ASSESSMENT FORM - FART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: RP 95-05 DATE: 7-29-96 1. CASE NAME: Pine Street Proiect 2. 3. APPLICANT: John Schilling 424 0 ADDRESS AND PHONE NUMBER OF APPLICANT: PO box 417 Carlsbad CA 92888 (619) 4. DATE EIA FORM PART I SUBMITTED: 12-20-95 5. PROJECT DESCRIPTION: Mixed use proiect which includes 4 residential units, 1537 square feet of retail space and 185 1 square feet of workshop space at 507 Pine Street SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning 0 Transportation/Circulation q Public Services 0 Population and Housing 17 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics cl Water cl Hazards 0 Cultural Resources 0 Air Quality cl Noise Cl Recreation 0 Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) X 0 0 cl Cl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An -1 - is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier -1 pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier [-I revisions or mitigation measures that are imposed upon the proposed project. a Notice of Prior Compliance has been prepared. , including Therefore, 723qLfl /‘ Date Planning Director’s Signature Date 2 Rev. 03/28/96 55 ENVIRONMENTAL IMI ;:TS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human .factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but alJ potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 a If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. a An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I LAND USE AND PLANNING. Would the proposal:. 4 b) c) 4 4 Conflict with general plan designation or zoning? (Source #(s): (1,2) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (1,2) Be incompatible with existing land use in the vicinity? (1) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (1) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (1) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (2,) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (2) c) Displace existing housing, especially affordable housing? (2) III. GEOLOGIC PROBLEMS. Would the proposal result in or 4 b) cl d) 4 0 !a h) 0 expose people to potential impacts involving: Fault rupture? (2) Seismic ground shaking? (2) Seismic ground failure, including liquefaction? (2) Seiche, tsunami, or volcanic hazard? (2) Landslides or mudflows? (2) Erosion, changes in topography or unstable soil conditions from excavation, grading, or.fill? (2) Subsidence of the land? (2) Expansive soils? (2) Unique geologic or physical features? (2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (2) b) Exposure of people or property to water related hazards such as flooding? (2) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (2) d) Changes in the amount of surface water in any water body? (2) Potentially Significant Impact 0 0 0 0 cl 0 0 0 cl cl 0 cl cl 0 Cl 0 0 cl cl 0 0 Potentially Significant Unless Mitigation Incorporated cl cl cl 0 0 Cl 0 0 cl 0 0 cl 0 cl 0 q 0 0 cl 0 0 Less Than Significan t Impact 0 0 cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 No Impact lxl Ix1 IXI lxl (XI lx Ix1 - lx l-xl Ix) lx El ix1 [x1 Ix1 lxl El lxl El (XI El 5 Rev. 03128196 Issues (and Supporting Information Sources). 4 9 g> h) 9 Changes in currents, or the course or direction of water movements? (2) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (2) Altered direction or rate of flow of groundwater? (2) Impacts to groundwater quality? (2) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (2) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (2) b) Expose sensitive receptors to pollutants? (2) c) Alter air movement, moisture, or temperature, or cause any change in climate? (2) d) Create objectionable odors? (2) VI. TRANSPORTATION/CIRCULATION. Would the a> b) c> 4 e) 9 g) proposal result in: Increased vehicle trips or traffic congestion? (2) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (2) Inadequate emergency access or access to nearby uses? (2) Insufficient parking capacity on-site or off-site? (2) Hazards or barriers for pedestrians or bicyclists? (2) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (2) Rail, waterborne or air traffic impacts? (2) VII. BIOLOGICAL RESOURCES. Would the’ proposal result a> b) cl 4 e> VIII. a) in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (1) Locally designated species (e.g. heritage trees)? (1) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (1) Wetland habitat (e.g. marsh, riparian and vernal pool)? (1) Wildlife dispersal or migration corridors? (1) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (2) Potentially Significant Impact cl cl cl cl q cl cl cl cl 0 cl Cl cl q 0 cl Cl cl cl cl cl q Potentially Significant Unless Mitigation Incorporated cl El cl cl 0 cl cl cl cl cl cl 0 cl q cl cl cl 0 cl cl cl cl Less Than Significan t Impact cl 0 cl 0 0 cl cl cl cl cl cl 0 cl cl cl cl cl 0 cl cl cl cl No Impact lx [XI IXI I8 lx! [x1 I8 E-l Ix1 - [XI Ix1 lx El lxl Ix1 Ix1 lx ix) El [XI ix El 6 Rev. 03128196 tssues (and Supporting Informa Sources). b) Use non-renewable resources in a wasteful and inefficient manner? (2) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (2) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (1,2) b) Possible interference with an emergency response plan or emergency evacuation plan? (1,2) c) The creation of any health hazard or potential health hazards? (1,2) d) Exposure of people to existing sources of potential health hazards? (1,2) e) Increase fire hazard in areas with flammable brush, grass, or trees? (1,2) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (2) b) Exposure of people to severe noise levels? (2) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (2) b) Police protection? (2) c) Schools? (2) d) Maintenance of public facilities, including roads? (2) e) Other governmental services? (2) XILUTILITIES AND SERVICES SYSTEMS. Would the 4 b) cl 4 e) 9 .a XIII. proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (2) Communications systems? (2) Local or regional water treatment or distribution facilities? (2) Sewer or septic tanks? (2) Storm water drainage? (2) Solid waste disposal? (2) Local or regional water supplies? (2) AESTHETICS. Would the proposal: Potentially Significant Impact cl q cl cl cl III cl cl cl cl cl cl cl cl cl cl 0 cl cl cl •J _ otentially Significant Unless Mitigation Incorporated cl cl cl cl cl El cl cl cl cl cl cl cl Cl cl q cl cl 0 cl cl Less Than Significan t Impact El cl cl cl q El cl cl cl cl cl q cl cl cl 0 cl cl cl 0 cl No Impact lxl Ix1 Ix1 El Ix1 El Ix1 lxl El Ix1 lzl El lxl El El IXI El lxl IXI Ix1 Ix1 7 Rev. 03128196 Issues (and Supporting Information Sources). a) Affect a scenic or vista or scenic highway? (1,2) b) Have a demonstrate negative aesthetic effect? (1,2) c) Create light or glare? (1,2) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (2) b) Disturb archaeological resources? (2) c) Affect historical resources? (1,2) d) Have the potential to cause a physical change which would affect unique ethnic cultural values’? (1,2) e) Restrict existing religious or sacred uses within the potential impact area? (1,2) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (1,2) b) Affect existing recreational opportunities? (1,2) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated q lJoIx1 cl q oIx1 cl clclE3 cl cl cl 0 cl 0 cl cl cl cl cl cl cl cl 0 cl cl 0 q Cl cl q 0 cl cl cl cl cl cl Ix1 IXI Ix1 Ix1 El 1x1 El . Ix1 IXI El 1. Village Master Plan and Design Manual, effective date January 12, 1996. This document is available for review at the Housing and Redevelopment Office, 2965 Roosevelt, Suite B, Carlsbad, CA 92008. 2. Final Master EIR for The City of Carlsbad General Plan Update (EIR 93-Ol), March, 1994. This document is available for review at the City of Carlsbad, Planning Department, 2075 Las Palmas Drive, Carlsbad CA 92009. 8 Rev. 03128196 Earlier analyses m. _ Je used where, pursuant to the tiering, ,,ogram EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: Earlier analyses used. Identify earlier analyses and state where they are available for review. W Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 4 Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 9 Rev. Q3/28/96 DISCUSSION OF ENVIKONMENTAL EVALUATION LAND USE AND PLANNING: The project is a mixed use 4 unit residential over 1537 square foot retail and 185 1 square foot workshop with four garages and associated open parking and landscaping at 507 Pine Street. The General Plan is V for Village Redevelopment and the Zoning is VR for Village Redevelopment. The project is in complete accord with the surrounding land uses of residential, commercial, and light industrial. There is no farmland in the immediate vicinity. The lot is presently vacant. POPULATION AND HOUSING: Properties within the vicinity of the project with residential development have been developed within the RMH General Plan residential density ranges of up to 15 dwelling units per acre. The project is proposing 14.8 dwelling units per acre. The site is presently vacant so no existing housing will be displaced. GEOLOGIC PROBLEMS: The General Plan indicates no unusual problems with this Pleistocene Beach Terrace. WATER The site is presently vacant. The development of the .27 acre infill site will take advantage of the completely developed infrastructure so that there will be no impact. AIR OUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. 10 Rev. 03/28/96 63 CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These .generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. BIOLOGICAL RESOURCES There are no biological resources present on site. NOISE The project is within the noise impact area from the railroad corridor. The building department will ensure that construction meets the’ interior noise requirements for dwelling units per the plancheck process. There are no adopted outdoor standards for apartment projects as there is no required open space. 11 Rev. 03/28/96 EXHIBIT 3 25 September 1996 '*_ SEP ’ ; “1;. <: f. ,-. /.- DESIGN REVIEW BOARD MEMBERS . HOUSING AND REDEVELOPMENT OFFICE 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 RE: JOSEPH AND MARIETTA MARTIN LETTER DATED 11 SEPTEMBER 1996 REGARDING SCHILLING MIXED USE - COMMERCIAL/RESIDENTIAL PROPERTY LOCATED AT 506 PINE STREET GENTLEMEN: We recently saw the letter written by the Martin's in regards to Mr. Schilling's project on Pine Street. As long-time residents of Carlsbad and long time business and property owners on Roosevelt Street, we fail to see the reason or rationale for the Martin's concern. Mr. Schilling's pro- ject would certainly enhance an area that has long been neglected and left to deteriorate. The proliferation of automotive type businesses, as well as other toxic producing type businesses are what is ruining the appearance and quality - of the neighborhood. We have been in this area over 50 years and for the first time attention has been focused on this area. Many of the older generation wanted to retain the residential, historical and cultural heritage of the area. BUT because of the misinfor- mation and misrepresentations thathas surfaced recently, many of the residents have become intimidated and made to feel afraid. We cannot understand the Martin's concern now. Why was the con- cern not evident 28 years ago, when they bought their property and founded their automotive and auto wrecking and dismantling business? The area was then residential and many of the residents still lived there. Perhaps the residents should have been more vocal, but they failed to speak up and voice their concerns. We would certainly like to see something more conducive to what the General Plan specifies. Mr. Schilling's project certainly fits the bill and would be a tremendous improvement to the area. We need to have more quality businesses, the type that will contribute to the quality of life for the community and that will discourage loitering of young adults on the street corners and outside the evening. of the stores that are open until the late hours of Our community needs job opportunities and homes for the young people in the area, something that will make them feel proud of their community and their heritage. We feel that Mr. Schillings project is a step in the right direction. Thank you for your consideration f - * ,. DESIGN REVIEW BOARD October 16,1996 Page 1 Minutes of: Time of Meeting: . Date of Meeting: Place of Meeting: DESIGN REVIEW BOARD 300 P.M. October 16,1996 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairperson Welshons called the Regular Meeting to order at 500 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Member Larry Scheer. ROLL CALL: Present: Chairperson Welshons, Members: Compas, Marquez, Savary and Scheer. Absent: None Staff Present: Evan Becker, Director of Housing and Redevelopment Rich Rudolf, Assistant City Attorney Debbie Fountain, Senior Management Analyst Brian Hunter, Senior Planner Ken Quon, (Tiile ?) APPROVAL OF MINUTES: ACTION: VOTE: AYES: NOES: ABSTAIN: Chairperson Welshons, referring to page 7, Paragraph 9, of the Minutes of September 18, 1996, corrected the line as follows: “Chairperson Welshons stated that with the foregoing revelations, it appears that the proiect is aoins to be “sent back to the drawing board”. Motion by Member Compas, and duly seconded, to approve the Minutes of the Regular Meeting of September 18, 1996, as corrected. 5-o Welshons, Compas, Savary, Marquez, and Scheer None I None COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. PUBLIC HEARING: 1. RP 95-05 - SCHILLING MIXED USE PROJECT - Request for a Major Redevelopment Permit to allow the construction of a mixed use project which includes 4 residential units, 1537 square feet of retail space and 1851 square feet of workshop space at 507 Pine Street, between Tyler Street and Roosevelt Street in the Village Redevelopment Zone/Land Use District 5. MINUTES - DESIGN REVIEW BOARD October 16,1996 Page 2 Chairperson Welshons reminded the applicant, Board Members and the public that if the Board recommends approval of this item, itwill be forwarded to the Housing and Redevelopment Commission for their consideration. Evan Becker, Director of Housing & Redevelopment, assisted by the Principal Civil Engineer, Bob Wojcik and Project Planner, Brian Hunter, gave a general overview of the project and began his presentation of the supplemental report on the Schilling Mixed Use Project with a slide presentation focussed on the nine (9) items the board had previously asked to have clarified. The nine (9) items are as follows: 1) Residential Density: Staff recommends, with the approval of the City Attorney, using Site Development Plan Ordinance 21.53 of the Carlsbad Municipal Code, to permit the granting of the additional unit in density and also the modification of development standards. The modification of development standards will be addressed separately. Mr. Becker told of a “spirited” staff discussion, over the past week or so, over the application of the State Density Bonus Program, which is what staff had previously recommended. He advised that the City Attorney felt that the alternative of using the Site Development Plan Ordinance to deal with the density matter (as well as the standards modification) is the best route to take, and the Housing and Redevelopment Staff concurs. Mr. Becker then offered time for any questions and or discussion on this item. Chairman Welshons, referring to Site Development Plan Ordinance 21.53-120 and its reference to the powers of - the Planning Commission and the City Council, asked if it is also true that the Design Review Board has the same latitude to impose special conditions or requirements and that the Ordinance works both ways, She was answered in the aftirmative. 2) Parkinq: Staff has established the parking need for the project using a mixed approach to the combination retaihorkshop space. Mr. Becker explained that if the project was all retail, the parking requirement would be twenty (20) spaces but since it is a combination of retailhorkshop has used the “mixed parking standard” as a basis for lowering the parking requirement to seventeen (17). He added that the reduction in the required spaces should be viewed as an incentive or modification and as such is dealt with through the Site Development Plan Ordinance 21.53, which allows for the modification of development standards for the “affordable housing” projects. Mr. Becker further explained that there will be thirteen (13) on-site spaces and four (4) spaces are provided for through the payment of the Master Plan “in-lieu fee” parking program. Mr. Becker also stated that Staff is suggesting that a condition be added to say that “signage shall be placed on the wall of the building (which fronts on Roosevelt Street) to read PARKING IN THE REAR”. Member Compas asked where the four (4) parking spaces would actually be located in relation to the project. Mr. Becker explained that since there is still a surplus of public parking available, the location of the four (4) spaces in question has not yet been determined. However, he added, there is a public parking lot on Oak Street which is about two (2) blocks away. Chairperson Welshons asked what is to prevent this project from moving (expanding) the retail space by moving interior walls and shifting the dimensions of the retail and the warehouse/workshop space. Mr. Becker responded by saying that this would be a matter of enforcing the code either in answer to a complaint or by regular monitoring by Code Enforcement. Member Compas asked Ms. Welshons if her question was related to the parking issue and found that it was. Chairperson Welshons clarified her questions by offering that if the retail space were to be increased and the MINUTES DESIGN REVIEW BOARD October 16,1996 Page 3 workshop space reduced, there would be a need for more parking and she wanted to know how that problem could be prevented from happening. Mr. Becker made mention of the fact that if that were to be contemplated, the party making the modification would first have to acquire a building permit and the City would not allow a permit to be issued. Chairperson Welshons suggested that a condition be added to Resolution No. 252, indicating that the interior dimensions, defning the retail and the workshop space, cannot be modified. Mr. Becker concurred that such a condition could be added to underscore the delineated areas of retail and workshop space. Chairperson Welshons expressed her interest in an added condition so that in the event that someone were to attempt to make changes, the engineer checking the plans would be aware that there were some hybrid parking standards used to acquire the original permit and the new application bears some further investigation. Member Marquez asked if the applicant could or would afford to pay for the extra three (3) parking spaces needed to bring the total spaces available to twenty (20). Mr. Becker replied that if the applicant were to be required to pay for those extra three (3) parking spaces, it would - create a rather severe economic impact on the project and said that the applicant would have to address the question further. Member Marquez also inquired as to how the use of the workshop space, (such as painting, manufacturing, etc.,) would be controlled and suggested that a two (2) hour fire wall rating or sprinkler system be required. Mr. Becker reminded everyone that the conditions require that the workshop activity can be only that which is directly related to the merchandise sold in the retail spaces. Bob Wojcik, Principal Civil Engineer, noted that the operator(s) of the retail space(s) will be required to have a city business license. He added that all business license applications go through the building department so they are able to check and make sure that the type of business going into that building meets the building code requirements for the structure they will be occupying. In addition, Mr. Wojcik pointed out that the Fire Department also makes annual inspections of all businesses as another means of monitoring business activities. Member Marquez also asked if the I.C.B.O. standards are being applied to the different types of occupancies in this project. Mr. Wojcik replied by saying that the I.C.B.O. standards are being applied to this project and that it is his assumption that the applicant has designed the building for the proper types of businesses that will occupy it Member Savary pointed out that each of the four (4) residential units are equal in size and as such, how can the “affordable” unit be much less expensive than the others and how can the savings be enough to excuse the seven (7) parking spaces. Mr. Becker responded that the parking requirements were figured on a combination of “affordable housing” and “mixed use”, thereby allowing the reduction of parking spaces. 3) Noise Conflicts: Staff is not recommending any new conditions regarding noise conflicts. However, in terms of the residential component of the project, Title 24 of the U.B.C. must be complied with to MINUTES DESIGN REVIEW BOARD October 16,1996 Page 4 mitigate the noise levels to 45 dBA inside the units. Mr. Becker added that there is a certain inherent friction, within a mixed use project between residential and retail occupants, and that the city is well aware of those frictions and . in no way is trying to say that they do not exist. He also pointed that some of the friction between tenants might be avoided if each prospective residential tenant is made fully aware of the noises that accompany the activities that will be carried on below their units. Chairperson Welshons asked if there could be language (a condition) added that, where the noise levels are above the city’s noise standards, some type of mechanical air circulation must be provided so that windows can remain closed to repel noise. Project Planner Brian Hunter stated that, generally, that wording is used when there are five (5) or more units, but that such a condition can also be added for this project. He explained that the language is essentially a notification that the outside decibel level is of such an intensity that the City requires either double pane glass, air conditioning, etc., for second floor units. Chairperson Welshons, referring back to the questions regarding regulating the permitted types of businesses, asked Mr. Wojcik if the prospective occupants of those businesses can be required to obtain their business licenses before they occupy the premises. Mr. Wojcik replied that that is how it is supposed to be done. He added, however, that there have been a few instances of people moving into buildings before getting their business licenses. Mr. Wojcik also pointed out that if and when an individual attempts to conduct an “illegal” business, he/she is soon found out by way of Fire Department inspections or some other form of Code Enforcement. 4) Vacation of a Portion of City Riqht-of-Wav: Staff points out that the overall effort here, is to do something that will allow this project to “happen”, and to do it without added expense to the city. Mr. Becker indicated that the street “vacation” is accompanied by an above standard set of public improvements, including the parkway landscaping, brick pavers, street furniture, etc. Mr. Compas, referring to a drawing (?), asked for clarification of an item marked “one (1) land each direction’. Mr. Becker stated that “land” is a typographical error and the item should read, “one (1) lane each direction”. Mr. Wojcik, by means of the transparencies, indicated exactly where the “vacation” will be and also explained the standard setbacks. Member Marquez asked if her understanding that the roadway will pcJ change, is correct, and was answered in the affirmative. 5) Location of Trash Enclosure: Staff is not proposing any additional conditions regarding this issue. The location, screening, etc., has been looked at very carefully and it has been determined that the current proposal for the trash enclosure is the most acceptable. Chairperson Welshons asked how the trash disposal trucks will access the dumpsters in the currently proposed location. Mr. Wojcik responded by stating that the trucks will, most likely, have to straddle the sidewalk area (and possibly encroach upon the parking area) in order to reach the dumpsters. 6) Liahtina Plan: Staff is not proposing any new conditions. Mr. Becker stated that there will be MINUTES . . - ‘- . . DESIGN REVIEW BOARD October 16,1996 Page 5 two (2) free-standing parking light poles with shields to insure the avoidance of light impact on the adjacent uses. Additional lighting is all down-lighting located under the soffits of the building and all lighting is required to be ’ approved by the Planning Director or the Housing and Redevelopment Director to insure that these standards are met. Chairperson Welshons asked Mr. Becker if there was a lighting exhibit and was answered in the negative. 7) Roll-UR Doors for Workshop Space: Other than being taller, the roll-up doors will be residential in scale and are not the industrial type of door. They have been designed to match the architecture of the building, have raised panels with glass lights across the top and will generate the same amount of noise as a residential garage door. Member Marquez asked if vehicles will be able to drive into the workshop area. Mr. Becker alluded to the fact that the size of the doors would allow a motor vehicle to drive in but that because these are workshop spaces, there will probably be equipment of one sort or another that would prevent entry of a vehicle. 8) LoadinqlUnloadinq Areas: Mr. Becker stated that considering the nature of the businesses _ and that the loading/unloading areas involve a very wide driveway of approximately forty-five (45) feet, Staff feels that the scale of the operations will be such that the areas provided are more than adequate. 9) Restrictions on Hours of Operation within Retail and WorkshoD SDace: Staff did not suggest any new restrictions but Mr. Becker pointed out that it will be the responsibility of the owner/property manager to regulate the hours of operation by means of a lease/rental agreement. Chairperson Welshons suggested that there might be a condition, such as C. C. & R’s, that would require an on- site property manager, so that all the rules and regulations of the project can be enforced. Mr. Rudolf pointed out that since this is not a condominium project, C. C. B R’s cannot be applied to this project. However, a condition could be developed that would require minimal lease provisions to ensure there would be certain requirements contained in each lease. Member Scheer stated that C. C. & R’s would be totally inappropriate for this project and the terms of the lease should be very specific, with regard to the hours of operation and control of the property. He also pointed out that to have an on-site manager would also be inappropriate due to the minimal size of the project, Chairperson Welshons asked who, in the absence of an on-site manager, would be responsible for making sure the rules are adhered to. No one was able to give Ms. Welshons a definitive answer. Mr. Becker continued his presentation by addressing two (2) additional issues; 1) landscaping in the public right-of- way and, 2) building setbacks. 1) 1: Project Planner Brian Hunter, advised that the “parkway” area (on Roosevelt St.), between the curb and existing sidewalk, will be landscaped by the applicant, using and combination of ground cover, trees, brick pavers & bench. He pointed out that there is no similar parkway area on Tyler or Pine streets, so, there will be minimal landscaping on that side. Chairperson Welshons, referring to two (2) different exhibits, pointed out that one (1) exhibit appears to indicate that there will be three (3) trees used while the other exhibit appears to indicate there will be six (6) trees planted, MINUTES DESIGN REVIEW BOARD October 16,1996 Page 6 and asked for a clarification of which exhibit is correct. . Mr. Becker answered by pointed out that the “landscaping plan” would apply and the exhibit indicating six (6) trees is the correct one. 2) Buildina Setbacks: Mr. Becker spoke of the Building Setbacks as involving one of the modifications that Staff is recommending be accomplished through 21.53, that essentially makes the requirement a minimum of a five (5) foot setback. There are, however, two (2) areas of this project that would require that the minimum setback be reduced or eliminated. The first addresses the entryways on the east and west sides of the building. These entryways are designed to be right on the property line and would require that the minimum setback requirement be eliminated. The second area is also on the east side of the property, at the workshop space, where the design provides for a three (3) foot setback and would require that the minimum setback requirement of five (5) feet be reduced by two (2) feet. Chairperson Welshons asked Mr. Hunter where the rear setbacks of the building are measured from and was informed that the measurements are taken from the rear property line. Chairperson Welshons also asked Mr, Hunter how large the existing rear setback is and was told that it is approximately forty (40) feet. Chairperson Welshons asked Mr. Hunter for definitions of “landscape” and “hard scape” and to explain why they are combined in square footage. Mr. Hunter explained that “landscaping” is a combination of softscape and hard scape. Softscape is plant material and hard scape is enhanced pavement, benches, artwork, etc. Chairperson Welshons inquired as to the existing setbacks in the Village area, according to the redevelopment design manual. Mr. Becker replied that the setbacks are now a minimum of five (5) to ten (10) feet and added that it is his belief that the Master Plan refers to this requirement as an “open space” requirement and not specifically as landscaping. Mr. Becker stated that while trying to deal with some of the changes from the last meeting, Staff continues to recommend approval of the project as designed and conditioned through Resolution 252. He advised the Board that hi office is recommending some of the previously mentioned “tools” to allow the modifications, that have been discussed at this meeting, in order to accommodate a project believed to be very consistent with the Master Plan objectives in terms of mixed use development. Mr. Becker added that his office has received letters from two (2) property owners, voicing their support for the project. Mr. Becker reviewed the Errata Notes that were distributed to each member of the Board and concluded his presentation Member Compas asked Mr. Becker is he had received any opposition from any property owners. Mr. Becker responded by saying that he had received correspondence from the Martins who are property owners in the area. While they dii not oppose the project, overall, voiced their opposition to the residential units from the standpoint of conflicts with other uses. He added that the Martins are the owners of some of the automotive uses or properties on which some automotive uses take place and had concerns about what goes on there, twenty-four (24) hour a day, such as noise, etc. Chairperson Welshons indicated that there are three (3) places, in Resolution 252, that need clarification or MINUTES DESIGN REVIEW BOARD October 16,1996 Page 7 correction. They are as follows: 1) Page 10, Paragraph 17, Line 1: . . . , the Developer shall (the word receive should be deleted and the following added) awlv for and obtain approval . . . . 2) Page 11, Paragraph 21, Line 2: . . . and retail space together (the following should be added) where the two (2) adjoin. 3) Page 11, ENGINEERING CONDITIONS, Paragraph 2, Line 1: Prior to hauling (the word direct should be deleted and the following added) d&t or construction materials . . . Member Scheer also indicated an error on Page 13, Paragraph 5, Line 2: . . . safety requirements of the (the word stand). He said he thought the word was meant to be standard. However, it was ultimately concluded that the word was meant to be state and should read . . . state and local Fire Codes. Chairperson Welshons invited the applicant, or his representative, to speak. Robert Richardson, KARNAK ARCHITECTURAL AND PLANNING, 2802 State Street, Suite C, Carlsbad, CA 92008, speaking on behalf of his client & applicant, John Schilling, began his testimony by addressing some of the _ issues already having been discussed. Regarding the affordable housing allocation for parking; his client (applicant) has expressed to him that the affordable housing rates in the area are higher than the actual rents that he will be collecting there. In reality, all four (4) units would not rent unless they are below the “affordable rates”. With respect to the parking area, itself, they have made ample allowances for runoff and the center isle of the lot has been widened to allow vehicles to pass when there may be a truck loading or unloading. Regarding the workshop/retail space; that area is governed by the Uniform Building Codes and Fire Codes, in addition to the fact that that wall is the only really solid bearing wall they have. He pointed out that if someone were to even begin to try and take that wall out, it would be extremely costly to do so, not to mention that the building would probably collapse. As to the wall between the workshop/retail space itself, it will have fire separation. Regarding hazardous materials; Mr. Richardson addressed the fact that the City has very strict rules concerning those materials. He described the rules and paperwork regarding the use of hazardous materials as “a nightmare”, and consequently, they haven’t planned for such uses and those uses will not be allowed. Regarding the noise issues; Mr. Richardson explained that they could possibly have the units “ready” to receive air conditioning but because those units will generate such low rents, it would be cost prohibitive to install “air”. Additionally, with such close proximity to the ocean, air conditioning would only be used for about 10% of the year. Mr. Richardson also pointed out that his client (the applicant) has gone far beyond the norm in providing additional amenities for this project, and to ask him to air condition the project, would be one more expense that he may not be able to afford. He did point out, however, that his firm routinely plans the heating and ventilation systems to be “air” ready so that “air” can be added at a later time, should it become a problem. Mr. Richardson complimented his client, Mr. Schilling, on his expertise in all aspects of projects such as this one, and alluded to the fact that Mr. Schilling is often asked to consult with other building owners & managers regarding the rents and regulations on their own properties. Regarding the trash enclosure: Mr. Richardson informed the Board that they had tried to locate the enclosure in other spots but for several reasons, including “handicapped parking”, they are forced to leave it in its original MINUTES -/ DESIGN REVIEW BOARD October 16,1996 Page 8 location. . He continued by addressing the question of whether or not someone would be able to park a vehicle in the work space. He allowed that it is possible for a business person to have storage on one side of the shop and use the other side to lock up a vehicle overnight, but reminded everyone that there will be proper separations between the workshop and retail space and the workshop area is governed by a stricter building code than a garage. Mr. Richardson spoke of the presence of proper lighting in all of the areas of concern and also described a security gate system (sealed compound) for the protection of the residential tenants. Mr. Richardson, referring to the quickly rendered elevations showing the building and landscaping, assured the Board that the reason the landscaping appears to be lacking, in some areas, is because he was attempting to show the architecture of the building and included only a small number of plantings to show that there will, indeed, be proper landscaping in accordance with the landscaping requirements of the City. Mr. Richardson summarized how his client and his firm have worked very hard to adhere to the building setbacks, that became part of the Building Code after December, 1995. Prior to January, 1996, they had been told that they could build all the way to the property lines but they chose not to, in order to give the building some excitement and personality. In, closing, Mr. Richardson spoke of the fact that his client (the applicant) has allowed his firm to erect a building that is of very high quality - far beyond what is currently in the neighborhood and in the whole redevelopment area. He listed a number of “extras” and emphasized that anything the Board could do to avoid his client having to spend too much more money, would not only be beneficial to his client but also to the City. He also emphasized the fact that this projed is being financed solely with personal funds belonging to his client. Because the concept of “mixed use” is so new, conventional financing is currently not available. Chairperson Welshons inquired as to whether or not Mr. Richardson or his client had any problems with the items on the Errata Sheet, circulated earlier, and his answer was “no”. Ms. Welshons asked if he had any objections to the amendments to the language in the Conditions in Resolution 252, as outlined earlier in this meeting, to which he answered “no”. Member Marquez asked if Mr. Schilling would be willing to pay for an additional three (3) parking spaces as part of the “parking in lieu” fee. Mr. Richardson’s reply was unequivocal in that if his client were to be required to purchase those three (3) extra spaces, he would be forced to eliminate some of the “extras” to compensate. Chairperson Welshons inquired as to the height of the building and found that, at it’s highest point, the height is twenty-eight feet. Ms. Welshons also asked if the applicant would be applying for the “affordable housing subsidy”. Mr. Richardson responded that he was not sure but it is a possibility. Chairperson Welshons acknowledged that the Board had received a “Request to Speak” from Ofelia Escobedo and invited Ms. Escobedo to the podium. Ofelia Escobedo, 1611 James Dr., Carlsbad. Ms. Escobedo explained that she and her sister, Connie Trejo of 3383 Adams St., Carlsbad, own a business on Roosevelt St., and for many years have looked forward to seeing the area south of Carlsbad Village Dr., as beautiful as the downtown Village has become. She expressed the need for this much needed project and how certain she is that it will initiate other worthwhile projects in the area. She pointed out that although the concept of “mixed use” is new to this area, La Jolla has several wonderful examples MINUTES - - . . . . DESIGN REVIEW BOARD October 16,1996 Page 9 of “mixed use” on Avenida de la Plaza. She also mentioned a similar example in the City of Huntington Beach. Ms. Escobedo concluded her testimony by declaring that she and Ms. Trejo believe that this project will benefit ’ the community, at large, and request the Board’s support. Before leaving the Podium, Ms. Escobedo requested that she be allowed to read a letter from her sister, Connie Trejo, who could not be present at this meeting. She was allowed to read the letter, dated S/25/96, in which Ms. Trejo states that she believes that the Schilling Mixed Use Project is one of the first really worthwhile ventures that has been introduced to the community of Carlsbad. She also stated that she is very hopeful that this project will begin the revitalization of this very neglected area and believes that this is one step in the right direction. Ms. Trejo also urged the Board to support this project. Chairperson Welshons asked if there were any other present who wished to speak. Seeing no one, Chairperson Welshons closed public testimony. Before opening Board discussion, Chairperson Welshons asked for a clarification of the requirements regarding buying units in lieu of parking. Mr. Becker explained that 25% of the total spaces required could be purchased and, based on twenty (20) spaces, five (5) spaces could be purchased. In the case of the Schilling project, 25% of the seventeen (17) spaces required is four (4). Member Compas remarked that, even though it seems to stretch some of the City’s minimum standards, he likes . the project very much. He also stated that parking is his biggest worry but that he is willing to go along with Staffs recommendation and recommended approval. He added, however, that if anyone wants to add some additional “belts and suspenders” to what has already been said, he would be willing to consider them. Member Scheer concurred, 100% with Mr. Compas. He spoke of the needed improvement in the Village and feels compelled to recommend approval. Member Marquez referred to this meeting as “precedent setting” in that there has been quite a bit of negotiating done with regard to parking. She expressed her concern that future developers will use the construction of workshop spaces as a way to circumvent the parking requirements. After weighing the benefits against the shortcomings of the project, she rather reluctantly will support it. Member Savary declared that she, too, has some of the same concerns as her fellow Board members but somewhat reluctantly will also support the project. She emphasized that even though she feels it will be an asset to the community, she wishes to have it known that she is very much concerned about the parking. Chairman Welshons made a finding, against this project, taken from the Site Development Plan under Chapter 2153.120 regarding the conformity with the General Plan and adopted policies and goals of the City and it would have no detrimental effect on public health, safety and welfare. Based on the testimony and information on this project, she stated that she believes that the parking issue will be detrimental on the health, safety and welfare and that the need for parking is critical, particularly in this Village area. Ms. Welshons went on to say that she also feels that the cost to the City (in terms of what is being given up to get this project into place) is too great. She named each item that appeared to conflict with existing standards and requirements and concluded by announcing that she will not support the project. ACTION: Motion by Member Compas, and duly seconded, that the Design Review Board adopt Design Review Board Resolution No. 251, recommending approval of a negative declaration and adopt the supplemental Design Review Board Resolution No. 252, recommending approval of RP 95-05 to the Housing and Redevelopment Commission, based on the findings and subject to the MINUTES . . DESIGN REVIEW BOARD October 16,1996 -c. - I Page 10 VOTE: AYES: NOES: ABSTAIN: conditions contained therein, including the Errata Sheet of October 16, 1996 and the Principal Ciil Engineer’s letter of October, 16, 1996 plus the other changes to General Conditions #17 & #21, Engineering Conditions #2, and Water, Sewer and Fire Condition #5, in addition to those changes previously noted on the Errata Sheet. 4-l Compas, Savary, Marquez, and Scheer. %e Welshon% None No announcements from Housing and Redevelopment Director Becker. No announcements from Assistant City Attorney Rudolf. Chairperson Welshons noted that the next regularly scheduled meeting of the Design Review Board will be on November 20,1996, at 5:00 pm. ADJOURNMENT: By proper motion, the Regular meeting of October 16,1996 was adjourned at 6:45 pm. Respectfully submitted, EVAN BECKER Housing and Redevelopment Director CAROL CRUISE Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. MINUTES October 16, 1996 TO: DESIGN REVIEW BOARD FROM: Principal Civil Engineer RP 95-05 The street vacation of Pine Avenue is discussed in both the staff report and as a finding in Design Review Board Resolution No. 252. However, the condition of approval for the street vacation was inadvertently left off of Design Review Board Resolution No. 252. Therefore, the following condition should be added to that resolution: “Prior to building permit issuance, the Developer shall submit and receive approval for a street vacation of ten feetalong the project frontage on Pine Avenue. If approval for the street vacation is not granted, approval of the site plan shall be null and void.” ROBERT J. WOJCIK Principal Civil Engineer RJW:acw 2075 Las Palmas Dr. - Carlsbad, CA 92009-I 576’0 (619) 438-1161 - FAX (619) 438-089 - -. DESIGN REVIEW BOARD MEETING OF OCTOBER 16,1996 SCHILLINC MIXED USE PROJECT ERRATA NOTES 1. Resolution No. 252, General and Planning Condition No. 17 at Page 10, will be corrected to refer to the payment of the Parking In-Lieu Fee for four (4) spaces, not five (5) spaces. 2. All conditions of Resolution No. 252 will be renumbered sequentially. 3. General and Planning Condition No. 19 will be re-ordered as the last condition of Resolution No. 252. 4. Resolution No. 252, General and Planning Condition No. 20 will be categorized as a General Code Reminder. 5. A condition requiring the approval of a street vacation was omitted and will be included as drafted by the Engineering Staff. City of Carlsbad Housing and Redevelopment Department A REPORT TO THE DESIGN REVIEW BOARD Application Complete Date: April.2, 1996 Environmental Review: Neg. Dec. 8/2/96 Staff: Debbie Fountain Brian Hunter Ken Quon DATE: September 18, 1996 SUBJECT: RP 95-05 - SCHILLING MIXED USE PROJECT - Request for a Major Redevelopment Permit to allow the construction of a mixed use project which includes 4 residential units, 1537 square feet of retail space and 1851 square feet of workshop space at 507 Pine Street, between Tyler Street and Roosevelt Street in the Village Redevelopment Zone/Land Use District 5. I. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolution No. 251 recommending APPROVAL of a Negative Declaration and ADOPT Design Review Board Resolution No. 252 recommending APPROVAL of RP 95-05 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant, John Schilling, has requested a major redevelopment permit to allow the construction of a new mixed use complex which will include four (4) residential units, 1537 square feet of retail (6 suites), 1851 square feet of workshop space (4 spaces), four (4) single car enclosed garages and other related parking facilities at 507 Pine Street. The new mixed use complex will require site improvements which include parking, a trash dumpster/enclosure, decorative sidewalk, and landscaping. III. VILLAGE MASTER PLAN AND DESIGN MANUAL, LOCAL COASTAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY The proposed commercial/residential use is consistent with the new Village Master Plan and Design Manual which became effective January 12, 1996 as well as the Redevelopment Plan for the Village Redevelopment Area which was adopted in 1981. RP 95-05 September l&l996 Page 2 *Further details on how the project is consistent with the Village Master Plan and Design Manual and the Redevelopment Plan will be provided later within this report. The site is not located within the Coastal Zone. Therefore, consistency with the Village Local Coastal Program is not applicable to this project. IV. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION, GOALS AND OBJECTIVES The proposed project satisfies several components of the Vision Statement for the Village Redevelopment Area of Carlsbad. First, it provides a high quality, well-designed private development project, including public improvements. Second, the project assists in the Redevelopment Agency’s efforts to accommodate a wide range of land uses and to create a specialty retail center for the entire City of Carlsbad. Finally, the project will help in the effort to create a Village which provides for a comfortable and safe place to work, shop, visit and live by developing a complex which allows a person to live and work in the same location. By mixing residential with commercial, the project supports the concept of creating a “24 hour” community within the Village. The proposed project addresses various objectives within all five (5) goals outlined within the Village Master Plan and Design Manual as follows: Goal 1: Establish Carlsbad Villaqe as a Quality Shoppinq, Workinq and Living Environment. The proposed mixed use project will provide for shopping, work and living opportunities. The project will increase the number of commercial/retail uses serving Carlsbad residents. The project also has the potential to attract additional tourist- serving uses if the complex becomes a location which is popular to local artists. In addition, it provides an important residential component in conjunction with the commercial/retail uses. Goal 2: Imorove the Pedestrian’ and Vehicular Circulation in the Villaqe Area, The project has been designed to minimize the pedestrian/vehicular conflicts along major pedestrian walkways (Roosevelt Street). The project will also provide for the construction of enhanced sidewalk areas around the site (on Pine and Roosevelt Streets). Goal 3: Stimulate Property Improvements and New Development in the Villaqe. The Master Plan and Design Manual was developed in an effort to stimulate development within the Village. The intent is that this new development will then stimulate other property improvements and additional new development. The proposed project is possible due to the establishment of more flexible development standards and a parking in-lieu fee developed specifically for the Village Redevelopment Area. The 19 RP 95-05 September 18,1996 Page 3 new standards encourage intensity of development within the Village and mixed use .development. The proposed project is exciting in that it is being developed in an area which deserves special attention and where new neighborhood commercial development should be encouraged. Hopefully, this new development will encourage other property owners in the area to improve their properties or construct new buildings. Goal 4: improve the Phvsical Appearance of the Villaqe Area. The proposed project will be constructed on a piece of property which is currently vacant. It will reinforce the Village character through appropriate site planning, architectural design and attractive signage. The project promotes the objective of creating a sense of design unity and character while also encouraging design diversity within the area of the Village in which the project is to be located. Goal 5: Provide siqnaqe which is supr>ottive of commercial vita/i& and a unique Villaqe Imaqe. The signage for this project is appropriately designed and scaled. The types of signage selected also provide for a unique visual image for the proposed project and will add interesting and creative character to the area. The signage is pedestrian oriented and is compatible with the architecture of the structure. V. CONSISTENCY WITH VILLAGE LAND USE PLAN The site of the proposed project is located within Land Use District 5 of the Village Redevelopment Area. All types of retail businesses are permitted within this land use district, with an emphasis on shops and commercial uses to meet the needs of the local neighborhood and city population. Mixed use projects are permitted within Land Use District 5 on a provisional basis, with a specific condition that all ground floor space be devoted to commercial uses. The workshop space identified within this project is a unique feature which is desired and deserves special consideration. If tied to the proposed commercial retail suites, the workshop space will serve as a “working area” extension of the proposed commercial use. Under this scenario, the workshop space may be used for a combination of storage and work/production space for the retail outlet on the site. A project condition has been proposed by staff which requires the property owner to lease the workshop and retail space together. This will ensure a single business operation rather than several businesses operating independently and creating a more intense use of the property. As an example of how this would work, an artist may create his sculptures or paintings in the workshop area and then sell those items in the corresponding retail suite. Or, a custom clothing maker will produce his/her products within the workshop space then sell them within the front retail suite. The project’s uniqueness also allows for the artist or clothing maker to live on site as well. RP 95-05 September 18,1996 Page 4 *It should be noted that the applicant is not supportive of the restriction on the use of the workshop space. The applicant prefers no restrictions which would allow him to lease the workshop space and the commercial retail space to separate tenants, if so desired. Staff understands the applicant’s desires. However, allowing the workshop spaces to be used separate from the on-site retail suites has much greater potential to become a “manufacturing” or “light industrial” site with increased traffic for product loading and unloading purposes; this is not desirable or permitted within Land Use District 5. With the condition that the workshop space be used as an extension of a single business operation, staff can support the classification of the workshop space as “commercial” for land use consistency purposes. The retail suites may be used for the sale of items which are permitted within Land Use District 5 which means that the workshop space is limited to the production of the same permitted sale items. To compensate for the restriction on the lease of the workshop spaces, staff has proposed a reduced parking standard for the project which would result from the use of a “hybrid” parking requirement for the workshop space. The parking requirements for the project will be discussed in further detail later in this report. The goal of Land Use District 5 is to provide both residential units and residential support services for the area. All uses permitted within the area, as identified within the Village Land Use Plan, have been determined to be compatible with existing residential uses. In the new Village Master Plan and Design Manual, it is intended that Land Use District 5 provide for neighborhood commercial and support the residential character of the area. With the conditions to be placed on the use of the workshop space, the project is consistent with the goals of Land Use District 5 and will be compatible with existing residential uses within the area. VI. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The Village Master Plan and Design ‘Manual provides for two types of standards that every project must be consistent with in order to receive approval. The first type is known as “Universal Standards”. Every project within the Village Redevelopment Area must comply with these Universal Standards. The second type is known as “Individual Standards”. These standards are specific to the Land Use District in which the project is located. “Universal Standards” address 1) the issues of General Plan Consistency, Residential Density, lnclusionary Housing; and 2) special instructions regarding the application of individual standards related to parking, building coverage, building height and setbacks. The following information is provided to indicate how the proposed RP 95-05 September 18,1996 Page 5 .project meets the “Universal Standards”. A. General Plan: The project is consistent with the goals and objectives of the various elements of the General Plan. One of the goals of the City for the Village Redevelopment Area is to create a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including residential, offices, restaurants and specialty retail shops. The proposed mixed use project will provide for additional residential to support other existing uses within the Village. The project is located within easy walking distance of Village restaurants, specialty retail shops and the Commuter Rail Station. In addition, the project provides for an opportunity for residents to live and work at a single location which helps to create a very distinct identity for the Village as an area where a person can live, work and shop. The General Plan references the Village Master Plan and Design Manual as the implementing tool for the General and Redevelopment Plans. If the project is consistent with the Master Plan and Design Manual, it will also be consistent with the General Plan. B. Residential Density: Properties within the Village Redevelopment Area do not have assigned residential density designations. Per the new Village Master Plan and Design Manual, the applicable General Plan residential density designation is to be determined for each project based upon compatibility findings with the surrounding area. Properties located within the general proximity of the site, but outside the Redevelopment Area, have a General Plan residential density designation of RMH (Medium-High Residential). There are also several existing residential rental complexes with medium-high density within close proximity to the proposed project and located inside the boundaries of the Village Redevelopment Area as well as a number of single family homes, including one which is immediately adjacent to the proposed project site. Due to the mix of residential densities existing in the area and the fact that the RMH general plan designation is applicable to other properties within the immediate area, staff is recommending a RMH General Plan Designation for the subject property. The RMH designation allows for a density range of 8 to 15 dwelling units per acre with a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. The site area for the proposed mixed use project is .27 acres. With 4 dwelling units proposed, the project results in a density of 14.8 dwelling units per acre which is within the RMH density range (8 to 15 units) but above the growth management control point of 11.5. Application of the GMCP (11.5 X .27) to the site results in permitted dwelling units equal to 3.11. The project proposes 4 one bedroom units, which exceeds the GMCP by 1 unit. RP 95-05 September 18,1996 Page 6 .Per the Village Master Plan and Design Manual, the maximum project density may not exceed the Growth Management Control Point for the applicable density designation unless a density increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad Municipal Code (and appropriate findings are made per Chapter 21.90). In general, the findings which must be made to exceed the growth management control point are 1) assurances that adequate public facilities are provided to compensate for the increase in density; 2) that the granting of the increase will not result in the northwest quadrant exceeding its housing cap; and 3) all required public facilities will be constructed or guaranteed to be constructed concurrently to meet the need created by this development. Design Review Board Resolution No. 252 sets forth the formal findings which are required to exceed the Growth Management Control Point. Per the Municipal Code, a 25% density bonus, and one additional incentive, shall be granted to projects which are providing a total of 5 units or more and where the developer has agreed to restrict 20% of the units for affordable housing purposes. The subject project is very small, only 4 units are proposed. The developer has agreed to restrict one unit (25%) for affordable housing purposes for a low income household. In determining the number of density bonus units to be granted to the project, the maximum allowable residential yield for the site (3.11) is multiplied by .25. Based on this formula, the subject project may be granted one (1) density bonus unit (3.11 X .25 = .78, which is rounded up to 1). To determine the number of units which must be reserved for affordable housing, the maximum allowable residential yield for the site (3.11) is multiplied by .20, which amounts to .62 or 1 when rounded up. With approval of DRB Resolution No. 252, the Board will recommend approval of the 25% density bonus of one housing unit for the project to the Housing and Redevelopment Commission with the requirement for the Developer to enter into a density bonus housing agreement with the City of Carlsbad to deed-restrict one (1) (20%) of the residential units for affordable housing purposes for low income a household. The approval of Resolution No. 252 approves the project with a reduced parking standard for the entire mixed use project; this modification of the parking standard shall serve as the additional incentive required by Chapter 21.86 for granting a density bonus with the provision of affordable housing. Chapter 21.86, Section 21.86.060(l) of the Municipal Code specifically allows for the reduction of the parking standard as an acceptable “additional incentive” for the provision of affordable housing. C. lnclusionary Housing Requirements: Per Redevelopment Law, 15% of the private housing units constructed within the boundaries of the Village Redevelopment Area must be affordable to low and moderate income persons, of which not less than 40% (or 6% of the total units) must be affordable to very low income households. Per RP 95-05 September 18,1996 Page 7 City Ordinance, 15% of the total housing units must be affordable to low income households. Developers of housing within the Village Redevelopment Area must comply with both the Redevelopment Law and the City Ordinance in terms of the lnclusionary Housing Requirements. To satisfy both the Redevelopment Law and the City Ordinance, the applicant may pay an in-lieu fee rather than construct or otherwise provide the affordable housing units. However, since the project needs a density bonus of one (1) unit, the applicant has agreed to enter into an affordable housing/density bonus agreement to deed restrict one (1) unit within the project for the purposes of providing housing which is affordable to a low income household for a period of at least thirty (30) years. With the provision of one (1) unit for affordable housing purposes, the project will meet its lnclusionary Housing requirements. D. Parking: The project is required to provide off street parking per the standards set forth within the Village Master Plan and Design Manual. With a commercial land use designation, the workshop space is parked at a commercial retail ratio (1:300), the total parking requirement for the subject project is twenty (20) spaces, calculated as shown in the chart below: Land Use/Square Footage Parking Spaces Required Parking Spaces Provided Residential - 4 one bedroom units 2 parking spaces per unit, or 8 units 4 single car enclosed garages and 4 uncovered spaces on site. Retail - 1537 Square Feet 1 space per 300 square feet, or 5.12 5 uncovered spaces provided on site. spaces Workshop Space - I85 1 Square Feet 1 space per 300 square feet, or 6.17 Provided within public parking off spaces site; pay parking in-lieu fee. Total 19.29 or 20 spaces 13 spaces provided on site; propose to oav fee for 7 soaces. As stated previously, staff is recommending that the workshop space be restricted in that it must be used in conjunction with an on-site retail suite; the space can’t be leased to a separate, unrelated business. Due to the uniqueness of the project and to compensate for this proposed restriction as well as to provide an “additional incentive” for the purposes of developing a unit on the site which will be restricted for affordable housing purposes, staff is recommending that the Design Review Board recommend approval of a modified parking requirement for the workshop space which will assist the entire project, which includes an affordable housing unit, to be financially feasible. The Village Master Plan and Design Manual references the Carlsbad Municipal Code as the applicable document to regulate on issues/standards not covered in the Manual. Neither the Master Plan nor the Municipal Code have an actual parking standard for workshop space. In this situation, the Municipal Code requires the use of the most comparable parking standard. The most comparable is the commercial or RP 95-05 September 18,1996 Page 8 .retail parking requirement (1:300). Staff is, however, recommending that the Design Review Board recommend approval of a “hybrid” parking requirement for the workshop space of 1 space per 650 square feet of gross floor space, which is developed by averaging a 50% retail (1:300) and 50% warehouse (1:lOOO) standard. Staff believes that it can be safely assumed that at least fifty percent (50%) of the workshop space will be used for storing supplies for the workshop and warehousing finished products. Therefore, we believe that the “hybrid” parking standard is appropriate for the site and the project. It will result in a parking requirement for the project of 8 spaces for the residential, 6 spaces for the retail and 3 spaces for the workshop space, which amounts to 17 spaces total. This would result in a parking reduction of 3 spaces, which provides an “additional incentive” for the purposes of affordable housing development. As stated previously, the applicant will provide a total of 13 spaces on the site of the project. Also per the Parking In-Lieu Program option outlined within the Village Master Plan and Design Manual, the applicant is eligible to pay a fee for up to 25% of the on- site parking requirement, which amounts to 4.25 or 5 spaces. With the provision of 13 parking spaces on the site and the payment of a Parking In-Lieu Fee for 4 spaces, the applicant will be able to satisfy the modified parking requirements for the subject project. It should be noted, however, that the Carlsbad Housing and Redevelopment Commission has not yet approved a resolution which would fully implement the Village Parking In-Lieu Fee Program and set the fee. A condition has been placed on the project requiring that the applicant pay the appropriate fee prior to obtaining a building permit for the subject project. If, for any reason, the Housing and Redevelopment Commission does not implement the Parking In-Lieu Fee Program and set the applicable fee, the applicant shall be required to obtain an amendment to the subject permit, revising the parking plan to add on-site parking and/or to reduce the total amount of commercial/residential space within the project. If the project is revised, it will be returned to the Design Review Board for additional consideration. E. Building Coverage, Height and Setbacks: These standards are established individually according to the applicable land use district within the Village Redevelopment Area. The Universal Standards section of the Village Master Plan and Design Manual provides information on variances and criteria to be used in setting the standards for individual projects when a range is set forth for the subject standard. The details of the subject standards are described below. “Individual” development standards set forth specifically for new development within Land Use District 5 are as follows: RP 95-05 September 18,1996 Page 9 A. Building Setbacks: The front setback standard is set as a range from 5-20 feet for residential and 5-10 feet for commercial. The project, as proposed, provides for 5 foot front setbacks for both the residential and commercial. The side and rear setback standards are indicated as a range from 5-10 feet, The proposed project provides for 5 foot side and rear setbacks. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. However, a reduction in the standard to the minimum may be allowed if the project warrants such a reduction and appropriate findings are made by the Housing and Redevelopment Commission. The findings to be made are as follows: 1. 2. The reduced standard will not have an adverse impact on surroundinq properties. The reduced standard for the subject project will not have an adverse impact on surrounding properties due to its location. The project is surrounded by public streets on three sides (east, west and north) and adjoins a single residential property on the south. The building for the proposed project will be separated from the residential property by a parking lot and the landscaped five foot setback. This separation will prevent any adverse impact on the property to the south based on location of the building. There are a variety of setbacks within this land use district for existing buildings. Therefore, the reduced setbacks will also not have an adverse impact on the area as a whole. The reduced standard will assist in developinq a proiect which meets the qoals of the Villaqe Redevelopment Area and is consistent with the objectives for the land use district in which the proiect is located. In general, the properties located within Land Use District 5 are small and narrow. This may often create a problem in development of a project which is financially feasible. In this particular case, the reduced setback standard will allow the applicant to build a project which will be financially feasible and remain generally consistent with the established development standards for the area. Mixed use, neighborhood commercial development is very desirable within Land Use District 5. The reduced setbacks are necessary to facilitate the development of the proposed project in this area. 3. The reduced standard will assist in creatinq a proiect desiqn which is interestinq and visuallv appealinq and reinforces the Villaqe character of the area. Due to the fact that Roosevelt Street represents a pedestrian corridor and that there are a number of residential units in the immediate area of the proposed project, it was important to design the project in a manner which takes advantage of pedestrian traffic. By developing the subject project in a manner which brings it closer to the sidewalks, the project will connect better with pedestrians and create a more positive inter- action between residents, commercial tenants and the pedestrians in the area . This design reinforces the Village character of being pedestrian-friendly and allows for a RP 95-05 September 18,1996 Page IO .gradual transition from commercial to other residential land uses in the area. The project has been designed so that it is visually friendly and interesting. It provides for attractive landscaping, benches and low walls for pedestrians to use. B. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad’s Landscape Manual. Open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. Within the proposed project, the open space amounts to 2586 square feet, or 21.9% of the property. This open space is broken down into 1504 square feet of landscaped areas and 1082 square feet of hardscape, which includes pedestrian amenities such as decorative sidewalk, interlocking pavers, benches and planters. C. Building Coverage: The range of building coverage permitted for all projects in Land Use District 5 is 60% to 80%. The bottom of the range is considered the desired standard. However, similar to the setback standards, an increase in the standard to the maximum may be permitted if the project warrants such an increase and the same findings can be made as noted above for the setback standards. In the particular case of the subject project, the building coverage represents only 35% of the total site. This was necessary in. order to accommodate the required parking and minimum setbacks. The building coverage for the proposed project is well below the established standard. D. Building Height: The height limit for Land Use District 5 is 30 feet with a minimum 4:12 pitch. The proposed project is designed to be 28 feet at its peak and provides for a 7:12 roof pitch. The height is below the maximum permitted and the roof pitch exceeds the requirement. E. Parking: The parking requirement and manner in which the applicant proposes to meet the requirement is noted above. With payment of a parking in-lieu fee for 4 spaces and the provision of 13 spaces on site, the project meets the modified parking requirement, as suggested by staff. F. Other Miscellaneous Requirements: The “Individual Standards” for Land Use District 5 include a statement that access to parking will not be allowed from Roosevelt Street unless no other access is available. The proposed project does, in fact, have an access to parking off of Roosevelt Street. This, however, is due to the configuration of the lot. The site for development has wide frontage on Pine, with narrow frontage on Roosevelt and Tyler Streets. It was difficult for the applicant to design an alternate access off of Pine Street and continue to meet all of the other RP 95-05 September 18,1996 Page 11 *development standards for the proposed project. To limit vehicle and pedestrian conflicts, however, the driveway off of Roosevelt Street will be used for entering the site only. The exit is provided onto Tyler Street. An appropriate finding for approval of the access from Roosevelt Street has been incorporated into Design Review Board Resolution No. 252. In addition, there is also a miscellaneous development standard which requires that for any lot proposed for non-residential development which adjoins an existing residential lot, the project shall include construction of a solid masonry wall along common lot lines. Also, any non-residential development constructed shall be designed in a manner which respects the area’s transitional or residential character. Although the proposed project includes residential, the commercial and workshop space creates a need to construct the subject wall for sound attenuation purposes. As shown on the project plans, a 6 foot tall masonry wall will be constructed along the property line which separates the project from the adjoining residential property to the south. Also, the project has been designed in a manner which incorporates the design of the commercial and residential into an overall character which respects the transitional nature of the area. VII. CONSISTENCY WITH DESIGN GUIDELINES In addition to a project being consistent with the land use plan for the Village and the applicable development standards, all new projects within the Village Redevelopment Area must make a good faith effort to design a project which is consistent with a village scale and character. The Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. Staff believes that given the site constraints, the applicant has made an honest effort through the proposed design of the subject project to address the basic design 4 8 RP 95-05 September 18,1996 Page 12 *principles noted above. A more complete analysis of how the project was designed to address the guidelines set forth within the Village Master Plan and Design Manual is provided in Exhibit 5 to this report. VIII. CONSISTENCY WITH SIGN STANDARDS Within the Village Redevelopment Area, all signs are expected to support the Village’s image as a high quality specialty shopping district and business location. The sign sizes, shapes and colors are to be reflective of the lower traffic speeds and pedestrian orientation of the Village. Creative and interesting signs are encouraged. As established by approval of the Village Master Plan and Design Manual, each building/project in the Village Redevelopment Area is allowed a total of one (1) square foot of signage for each lineal foot of building frontage. A variety of options are provided to assist businesses in meeting their signage needs. For the subject project, the building is allowed a total of 135 square feet of signage for the entire building, 1 square foot of signage for each lineal foot of building frontage. The signage plan for the proposed building is attached as an exhibit to this report. The applicant proposes to include a total of five (5) projecting signs on the building which will not exceed six (6) square feet each, excluding supporting brackets, or a total of 30 square feet. Additional signage includes individual wall tenant signs, a building wall tenant sign and a monument sign. The total amount of signage for the building is proposed at 132 square feet. The sign types selected and the total amount of signage is in compliance with the standards set forth in the Village Master Plan and Design Manual. The proposed signs add visual interest to the building and are creative in character which is also consistent with the goals and objectives for signage in the Village. All businesses within the building will’be allowed window signs, address signs and sidewalk signs which meet the standards set forth in the Village Master Plan and Design Manual. These types of signs are not calculated in the total amount of signage permitted for each business or the building as a whole. The individual businesses will be required to apply for a separate permit for these types of signs. IX. DEVELOPMENT APPROVAL PROCESS The project requires a major redevelopment permit because it involves new construction of a building which will have a building permit valuation which is greater than $150,000. The signs for the project also require a discretionary review permit. The project site is not located within the Coastal Zone. Therefore, a Coastal Development RP 95-05 September 18,1996 Page 13 .Permit is not required for the project. Whenever several different types of permits or approvals are required for a project, the decision-making body on all of the permits shall be the body with the highest level authority on any of the individual permits. In other words, the final decision-making body will take action on the highest and lowest level permits. For the Schilling Mixed Use Project, the Housing and Redevelopment Commission is the final decision-making body. Consequently, the Commission will take final action on both the major redevelopment permit and the sign permit for the project. The Design Review Board is asked to hold a public hearing on the permits requested, consider the public testimony and staffs recommendation on the project, discuss the project and then take action to recommend approval or denial of the project. If the project is denied by the Design Review Board, the applicant would be required to appeal the decision to the Housing and Redevelopment Commission. The project will then be forwarded to the Housing and Redevelopment Commission. X. TRAFFIC, CIRCULATION, SEWER, WATER, RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS Traffic. The total projected average daily traffic for the project is 110 ADTs. This breaks down to 32 ADT for the residential, 65 ADT for the retail and 13 ADT for the workshop space. Circulation. Circulation for the project is designed with a one-way parking aisle with the entrance off of Roosevelt Street and the exit onto Tyler Street. A 20 foot long queuing area will be provided at the entrance driveway to avoid vehicles backing out directly on to the street. Signing and striping will be provided to prevent vehicles from entering the site from Tyler Street. The 24 foot wide parking lot aisle is adequate to serve vehicular traffic for both the angled parking spaces and the enclosed garages. On-street parking is allowed on all three streets surrounding the project site. Sewer. The total number of sewer Equivalent Dwelling Units (EDUs) required for the project is calculated to be 5.40. This breaks down to 4 EDUs for the residential, .90 EDUs for the retail and .50 EDUs for the workshop space. Sewer service to the project will be provided by an existing sewer line on Tyler Street. The sewer pipe size is 8 inches. The developer will need to verify the depth of the sewer line to prepare for installation of any new sewer lateral onto the property. Water. The total number of EDUs required for the project is calculated to be 5.40, as noted above, with water usage estimated at 220 gallons per day. The water service RP 95-05 September 18,1996 Page 14 requirements for the subject project are calculated by multiplying the EDUs times the estimated gallons per day which amounts to 1,188 gallons per day. Water service will be provided by an existing 6 inch water main on Tyler Street. Gradinq: In its current existing condition, the project is undeveloped and fairly level. Grading for this project will consist primarily of building pad preparation and establishing the desired drainage pattern for the site. There are no slopes or retaining walls on this project. Drainaqe and Erosion Control: The site is designed to drain in a westerly direction. Surface runoff will drain along the southern edge of the site through a landscape swale, with the intent of providing surface pollutant mitigation, and then through an outlet under the sidewalk and in to the gutter on Tyler Street. Land Title. In order to meet parking and circulation requirements, and to maintain the integrity of the project, the project proposes a ten foot (IO’) wide street vacation along the project frontage on Pine Street. Since the existing eighty foot (80’) right-of-way width of Pine Street exceeds the sixty foot (60’) standard right-of-way width currently required for local streets, City staff has determined that this street vacation can be allowed. The street vacation will be processed concurrently with the redevelopment permit for approval by the City Council. If the street vacation is not approved, the developer will be required to revise the project plans and resubmit them for consideration by the Design Review Board and Housing and Redevelopment Commission. Improvements. The project applicant has offered to construct non-standard street improvements along the project frontage on Pine Street and along a portion of the frontage on Roosevelt Street. These improvements will consist of replacing selected areas of sidewalk with pavers, and the installation of benches, light bollards and landscaping. The findings to grant a variance for these non-standard improvements have been incorporated into Design Review Board Resolution No. 252. Additionally, a condition will be imposed on the project requiring the applicant to obtain an above ground encroachment permit for these improvements prior to issuance of building permit. In the future, the specific details of any proposed public improvements will be included within the plans submitted for approval by the Design Review Board so that the developer is not required to obtain a separate above ground encroachment permit from the Engineering Department. The encroachment permit will actually be approved as part of the Redevelopment Permit. However, in this particular case, some additional time is needed to address issues related to the sidewalk improvements. Therefore, a RP 95-05 September 18,1996 Page 15 project condition requires a separate ground encroachment permit in order to identify and approve the specifics for construction of the improvements. The reason for the delay in approving the actual improvement plans is that there are currently plans for the City/Redevelopment Agency to complete street improvements on Roosevelt Street from Carlsbad Village Drive to Walnut Avenue. Staff has asked the developer to install improvements which would be consistent with the new improvements designed for Roosevelt Street. We do not want the developer to construct improvements which would be inconsistent with the improvements to be installed by the City. Also, we do not want the developer to construct standard improvements and then have the City come in and tear them up only a few months later. Staff is therefore recommending a condition that requires the developer to work with the City/Agency to design and construct improvements which will compliment those proposed for the Roosevelt Streetscape Project. It is anticipated at this time that the streetscape improvements will be similar to those installed on Carlsbad Village Drive. Unfortunately, due to the recent concerns raised over the Barrio Specific Plan, the Roosevelt Streetscape Project has remained pending. Staff hopes that when the Developer is ready to prepare the improvement plans, the City/Agency will have the plans ready for the Roosevelt Streetscape Project. In this manner, we will be able to appropriately coordinate the construction activities for the improvements related to this project. If the plans are not ready, the City Engineer will make a decision as to how the developer should proceed to construct the subject improvements. With approval of Design Review Board Resolution No. 252, the City Engineer will be authorized to approve the type of improvements to be constructed around the site and within the public right-of-way with the understanding that every effort will be made to have the Developer construct non-standard, enhanced improvements. Xl. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration was issued for the subject project by the Planning Director on August 2, 1996 and made available for public review. No comments were received on the environmental document. Adoption of Design Review Board Resolution No. 2!jJ will recommend approval of the Negative Declaration for this project to the Housing and Redevelopment Commission. RP 95-05 September 18,1996 Page 16 ‘XII. ECONOMIC IMPACT The proposed project will have a positive financial impact for the community. Currently, the property for the subject project is vacant. The vacant property has an assessed value of $124,187. With roughly estimated improvement costs of $800,000 for the subject project, the new assessed value of the property will be approximately $925,000; this will generate approximately $9,250 per year in property taxes, compared to the current $1,242. Also, there will be sales tax generated from the retail suites. The success of the businesses located at the site will ultimately determine the amount of sales tax to be generated. The project provides for residential opportunities. If we assume that the residents will be new to the community, we can also assume that they will have income to spend within the community which will generate sales tax revenues through other businesses, such as grocery stores. The most significant economic impact, however, will hopefully be reflected in other new development and rehabilitation which will occur as a result of this investment in the area. XIII. CONCLUSION Staff recommends approval of this project because 1) it will provide a new, desired mixed use project with “shopkeeper” type units in the Village and ultimately add to the variety of services and products available within the area; 2) it will result in construction of a new building which is consistent with the Village character and the Village Master Plan and Design Manual; and 3) it will have a positive financial impact in terms of increased property tax and sales tax revenue. EXHIBITS: 1. Design Review Board Resolutioi No. 251. 2. Design Review Board Resolution No. 252. 3. Location Map. 4. Project Description with Disclosure Statement. 5. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines. 6. Exhibits “A” - “F”, dated September 18, 1996. EXHIBITS l&2 Resolutions 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 DESIGN REVIEW BOARD RESOLUTION NO. 252 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MAJOR REDEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF A MIXED USE BUILDING INCLUDING RETAIL, WORKSHOP SPACE AND FOUR RESIDENTIAL UNITS AS WELL AS RELATED SIGNAGE AND SITE IMPROVEMENTS ON PROPERTY LOCATED AT 507 PINE STREET IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: SCHILLING MIXED USE PROJECT APN: 204-081-01 CASE NO: RP 95-05 WHEREAS, John Schilling, “Developer” has filed a verified application with the Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by John Schilling, “Owner”, described as Lots 17, 18 and 19 in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the property); and WHEREAS, said application constitutes a request for a Major Redevelopment Permit and Sign Permit as shown on Exhibits A-F, dated September 18, 1996 on file in the Housing and Redevelopment Department, Schilling Mixed Use Project RP 95-05 as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did, on the 18th day of September, 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 DRB Resolution No. 252 Page 2 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to Major Redevelopment Permit 95-05. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Major Redevelopment Permit, Schilling Mixed Use Project, RP 95-05, and the related sign permit based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the subject project will have no significant impact on the environment and has recommended approval of a Negative Declaration for the subject project to the Housing and Redevelopment Commission. 2. The Project qualifies as a Major Redevelopment Permit under Chapter 21.35 of the Carlsbad Municipal Code because the project involves new construction of a building with a building permit valuation exceeding $150,000. 3. As established within the staff report to the Design Review Board dated September 18, 1996, the Project has been determined to be consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth with the Village Redevelopment Plan and Village Master Plan and Design Guidelines, with approval of the following additional findings regarding reduced setback standards and for non-standard street improvements: . . . . . . . . . . . . a) The reduced setback standards will not have an adverse impact on surrounding properties due to the location of the project site. The site is bordered on three sides by public streets and adjoined on the south by a single family property. The building is separated from the single family home by the parking lot and five foot landscaped setback. Also, there are a variety of setbacks already existing in the area of the project. 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 DRB Resolution No. 252 Page 3 b) The reduced setback standards will assist in developing a project which meets the goals of the Village Redevelopment Area and is consistent with the objectives for the land use district in which the project is located. The reduced setback standards will allow the applicant to build a project which will be financially feasible and remain generally consistent with the established development standards for the area. Mixed use, neighborhood commercial development is very desirable within Land Use District 5. The reduced setback standards are necessary to facilitate the development of the proposed project. c) The reduced setback standards will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. Due to the fact that Roosevelt Street represents a pedestrian corridor and that there are a number of residential units in the immediate area of the proposed project, it was important to design the project in a manner which takes advantage of pedestrian traffic. By developing the subject project in a manner which brings it closer to the sidewalks, the project will connect better with pedestrians and create a more positive interaction between residents, commercial tenants and the pedestrians in the area. d) There are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a standards waiver to allow for non-standard street improvements. The east side of the project site fronts on Roosevelt Street, which is the designated corridor for future thematic streetscape improvements, similar to the streetscaping project recently completed along Carlsbad Village Drive. It is anticipated that the improvements to be installed under this standards waiver will be compatible and enhance the connection of Pine Street to the future Roosevelt Street Improvements. The improvements will consist of enhanced brick pavers, landscaping, lighting, and sitting areas. The applicant is willing to install these improvements at their own expense and has limited the improvements along their project frontage on Roosevelt Street to provide an opportunity for the future streetscape theme to continue uninterrupted along the designated corridor. e) The granting of a standards waiver for the non-standard street improvements will not cause substantial drainage problems. The proposed surface improvements are to be installed to match the existing grade and elevations of the existing improvements, which drain in a positive direction to the public storm dram system. - I . . . . .,.. . . . . 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 DRB Resolution No. 252 Page 4 f) The granting of a standards waiver for the non-standard street improvements will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use. The proposed improvements do not involve modifications to the travel lanes of the streets nor will it cause any changes to the street parking. The width of the existing sidewalk fronting the project will not be changed. g) The granting of a standards waiver for the non-standard street improvements will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the standards waiver is granted. The proposed surface improvements will be at the same grade as the existing improvements and the landscape, lighting and benches will be situated out of the pedestrian travel path. h) The granting of a standards waiver for the non-standard street improvements will not adversely affect the comprehensive general plan. The roads surrounding this project are not designated as Circulation Element roadways within the Carlsbad General Plan. 4. The granting of the ten foot street vacation will have no adverse impact on vehicular circulation within the area and the surplus right-of-way is not required for future public street purposes. The project is approved with the understanding that the required street vacation will be approved by the Carlsbad City Council prior to approval of the redevelopment permit for the subject project. 5. Due to configuration of the site, the project is unable to provide an acceptable alternative for access to the site. Approval of an access off of Roosevelt Street will not have an adverse impact on pedestrian or vehicular circulation within the area. GENERAL PLAN AND GROWTH MANAGEMENT FINDINGS: 1. The Design Review Board finds that the project, as conditioned herein is in conformance with the Elements of the City’s General Plan, based on the following: a) That the General Plan identifies the “Village” and references the Village . Master Plan and Design Manual as the appropriate land use plan for the area. The project is consistent with the Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design Manual, effective as of January 12, 1996, because it will provide for an encouraged land use within Land Use District 5 of the Village Redevelopment Project Area. The uses allowed in this land use district include retail and residential as well as mixed use projects. 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 DRB Resolution No. 252 Page 5 b) That the existing streets can accommodate the estimated ADTs and all required public right-of-way has been dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, lighting and street furniture. 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. c) That the project is required to comply with Title 24 of the Uniform Building Code which sets forth insulation requirements to reduce internal noise levels for the residential apartment units to a level not to exceed 45 dBA CNEL, which is consistent with the Noise Element of the General Plan. d) The project is consistent with the City’s General Plan since the proposed project will be consistent with the residential density applicable to the RMH density designation which has been assigned to the property with the approval of a density bonus and the findings below to exceed the Growth Management Control Point for the subject site. The Developer has been conditioned to enter into a Density Bonus Housing Agreement to detail the approved density bonus and the additional incentive provided for the purposes of developing an affordable housing unit on the site. The project is permitted to exceed the Growth Management Control Point of 3.11 for the site based on the following findings: 1. There is no need for the project to provide additional public facilities for the density in excess of the control point (one housing unit).The Developer has been conditioned to pay the appropriate public facilities fee for the subject project which will ensure that adequate public facilities will be provided within the area to serve this and other projects in the future. 2. There have been sufficient developments approved in the northwest quadrant at densities below the control point to cover the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 3. All necessary public facilities required by Chapter 21.90 of the Carlsbad Municipal Code will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with the adopted City standards. 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 2E 27 2E DRB Resolution No. 252 - j Page 6 e) 0 2%) h) 0 The project is consistent with the Housing Element of the General Plan, the City’s Inclusionary Housing Ordinance, and the Redevelopment Agency’s Inclusionary Housing Requirement, as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict one (1) dwelling unit as affordable to low income households. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is being developed on a vacant lot which has appropriate zoning for commercial/mixed use development. The project is also consistent with the Open Space requirements for new development within the Village Redevelopment Area. 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. The proposed project has been conditioned to pay all applicable fees related to the construction of public facilities, including parks and recreation facilities. The proposed project has been conditioned to require the developer to consult with the City’s Art Manager in the construction of the above standard public improvements which could incorporate art-related features, such as an artist designed park bench. 2. The project is consistent with the City-wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) Statutory School Fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. . c) All necessary public improvements have been provided or are required as conditions of approval. . . . . . . . . . . . . 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 DRB Resolution No. 252 Page 7 3. 4. 5. 6. - .r d) 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 of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 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 the Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. The project is conditioned to comply and remain consistent with the City’s Landscape Manual, adopted by City Council Resolution No.90-384. The Design Review Board has reviewed each of the exactions imposed on the Developer 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 degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL AND PLANNING CONDITIONS: 1. The Design Review Board does hereby RECOMMEND APPROVAL of Major Redevelopment Permit, Schilling Mixed Use Project, RP 95-05, and the related sign permit, subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all necessary corrections and modifications to the Exhibits and/or other documents to make them internally consistent and in conformity with final action on the project. Developer shall develop the property substantially as shown on the approved Exhibits, or first obtain appropriate amendment(s) to this approval. 2. The Developer shall provide the Agency with a reproducible 24” X 36”, mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the Agency. The plan copy shall be submitted to the Planning Director and approved prior to building or grading permit approval, whichever occurs first. 3. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution on a 24” X 36” blueline drawing. 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 DRB Resolution No. 252 Page 8 4. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 5. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 6. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. 7. Prior to the issuance of the Redevelopment 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 issued a Redevelopment Permit by Resolution No. 252 on the real property owned by the Developer. Said Notice of Restriction shall note the property 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 Planning Director or the Housing and Redevelopment Director has the authority to execute 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. 8. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director or the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director or Housing and Redevelopment Director. 9. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director or Housing and Redevelopment Director. 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 10. 11. 12. 13. 14. 15. 16. . . . . . . . . . . . . . . . . DRB Resolution No. 252 Page 9 An exterior lighting plan including parking areas shall be submitted for Planning Director or Housing and Redevelopment Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance, a storage plan will be submitted for approval by the Fire Chief and the Planning Director or Housing and Redevelopment Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director or Housing and Redevelopment Director prior to the approval of the grading or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving conditions, free from weeds, trash and debris. The first submittal of detailed landscaping and irrigation plans shall be accompanied by the project’s building, improvement and grading plans. The project’s discretionary sign permit is approved as part of this redevelopment permit. All building signs shall conform to the plans submitted for approval under this permit. Any changes to the sign plan shall require prior written approval from the Pbuming Director or Housing and Redevelopment Director prior to the installation of signs on the building. Building permits shah be required for the installation of all approved signs on the building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street; color of identification and/or addresses shall contrast to their background color. Prior to the issuance of building permits for the building, including the residential units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1) dwelling unit within the project affordable to lower- income households for the useful life of the dwelling unit, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 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 DRB Resolution No. 252 Page 10 17. Prior to the issuance of building permits for the building, including the residential units, the Developer shall enter into a Density Bonus Housing Agreement. The Agreement shall be consistent with Chapter 2 1.86, Section 21.86.100 of the Carlsabad Municipal Code. The relevant terms and conditions of the density bonus housing agreement shall be filed and recorded as a deed restriction on the individual unit of the project development which has been designated for the target dwelling unit for affordable housing purposes. The recorded Density Bonus Housing Agreement shall be binding on all future owners and successors in interest for a period of at least thirty (30) years. 18. Prior to issuance of building permits, the Developer shall receive approval to participate in the Village Parking In-Lieu Fee Program and pay the applicable fee established by the Carlsbad City Council for a total of five (5) parking spaces. If the Developer is unable to obtain approval to participate in the Parking In-Lieu Fee Program and/or does not pay the applicable fee for five (5) spaces, the approval of this permit shall become null and void. 19. In preparing the detailed public improvement plans for the Project, which include non-standard sidewalk improvements,the Developer shall consult with the City of Carlsbad’s City Engineer, Housing and Redevelopment Director and Arts Manager prior to completing the plans to design the project in a manner which is consistent with the proposed Roosevelt Street Streetscape Improvement Plans and incorporates appropriate art elements. The Rnal improvement plans shall be approved by the City Engineer, following consultation with the Housing and Redevelopment Director. If the Roosevelt Street Streetscape Improvement Plans are not approved by the City of Carlsbad in a timely manner, the City Engineer is authorized to approve au alternate plan prepared by the Developer if acceptable to the City Engineer and Housing and Redevelopment Director. 19. If any of the foregoing conditions fails to occur; or, if they are, by their terms, to be implemented and maintained over time; if any such conditions fail to be so implemented and maintained according to their terms, the Redevelopment Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the Agency’s approval of this Resolution. 20. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. 21. The property owner of the subject project shall be required to lease the workshop and retail space together. The workshop space must be used as an extension of a single business operation. The workshop space may not be used for a business enterprise which is separate from the on-site retail space. 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 C - _. DRB Resolution No. 252 Page 11 22. The retail suites on the site may be used for the sale of items which are permitted within Land Use District 5. The workshop space may be used for the production of the same permitted sale items to be sold within the retail suite. ENGINEERING CONDITIONS: 1. The developer shall pay all current fees and deposits required. 2. Prior to hauling direct or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation, 3. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide the best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a) All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 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. c> Best Management Piactices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 4. Plans, specifications and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. in accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan. 5. The structural section for the access aisle shall be designed with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area. The structural pavement design of the aisle way shall be submitted together with required R- value soil test information and approved by the City as part of the building site plan review. 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 DRB Resolution No. 252 Page 12 6. Prior to building petit issuance, the developer shall submit and receive approval for an encroachment permit for the above ground non-standard street improvements from the City Engineer. WATER, SEWER AND FIRE CONDITIONS 1. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 2. The Developer shall be responsible for all fees, deposits, and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installations. 3. Sequentially, the Developers Engineer shall do the following: a) Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. b) Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. c) Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). 4. This project is approved under the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the project plans. 5. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requiremenJs of the stand and local Fire Codes. The plans must include a site plan which depicts the following: a) Location of existing public water mains and fire hydrants. b) Location of off-site fire hydrants within 200 feet of the project. c) Depiction of emergency access routes, driveways and traffic circulation for Fire Department approval. 6. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. 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 DRB Resolution No. 252 Page 13 STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 1. 2. 3. 4. 5. 6. ,... .I.. . . . . . . . . . . . . . . . . . . . . . . . . ..,. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. 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 permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. The project shall comply with insulation requirements for residential units to reduce the interior noise levels within the apartments to 45 dBA CNEL pursuant to Title 24 of State Building Code. 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 Planning and Building. 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 DRB Resolution No. 252 Page 14 7. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Director. 8. The project shall comply with recycling collection area requirements pursuant to Section 21.105.060. The recycling area shall be noted on the final plans submitted for applicable building permits for the project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 18th day of September, 1996 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: KIM WELSHONS, CHAIRPERSON DESIGN REVIEW BOARD ATTEST: EVAN E. BECKER, Housing and Redevelopment Director EXHIBIT 3 Location Map I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I z CARLSBAD VILLAGE DRIVE E OAKAVENUE PINE STREET 4-- Project Site I I I CITY OF CARLSBAD SCHILLING MIXED USE PROJECT RP 95-05 EXHIBIT 4 Project Description & Disclosure Statement PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: PINE STREET PROJECT APPLICANT NAME: =OHN SCHILLING Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also [ncLde ar,y background information and supporting statements regarding the reasons for, cr appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. SEE ADDENDUM TO APPLICATION .-, t&#iL ic” ..I,-_, l “_, ,. ,., -. . i* -.- _. .- Rw. 4m1 ProjO*rc.hm /IL PINE STREET PROJECT PROJECT DEFINITION: ixx 2 3 lzm .’ ” *‘. ., ,-,, .:. .: -;. i . . :I --GA- --’ . ., d __.--.- _ -i-.. -0 This is a multi-use commercial/ living project, that here after is referred to as a contemporary project of “SHOPKEEPERS/LIVING SPACES.” We propose to construct this project in the CITY OF CARLSBAD, ZONE 5 REDEVELOPMENT DISTRICT. The property is located on the corner lot of Pine I Roosevelt I Tyler streets. The project will establish a high visibility building in the existing community which may become part of the gateway to the Barrio District. We designed the project to meet several redevelopment objectives and community goals of the Barrio District. COMMUNITY GOALS: The main focus is to redevelop the area through refurbishing and modemization s of existing buildings, including homes. The community also wishes to encourage development of new buildings in accordance with the zoning. One of the community’s visions is to encourage development of new buildings with multi- . use spaces. Hopefully, these multi-use buildings will provide employment and capital development within the community. This project specifically targets the community objectives. 1. The project will provide four (4) shop-keeper units of approximately 650 sq. ft. of office1 warehouse work space plus 600 sq. ft. of living space above each unit. 2. There will also be two (2) additional studio/office spaces of approximately 250 sq. ft. each and for (4) single car enclosed garage spaces. 3. Parking spaces will be provided on-site to meet the parking requirements of the project. 4. A decorative bench will be placed along the Roosevelt Street -’ side of the project. CIlY OF CARLSBAD OBJECTIVES: The City Of Carlsbad has recently completed development of a new “Center Piece” Transportation Center in the redevelopment zone. We believe the city’s focus is now directed towards enhancement of areas which complimentthe “Center Piece. This project is within easy walking distance of the Center and, hopefully, will be helpful to the city’s goal of encouraging Private Sector development in the zone. DEVELOPER OBJECTIVES: To develop a project on this property that will accomplish the goals of the CITY, COMMUNITY, AND DEVELOPER. A project that will be visionary in both purpose and function . . . . . ..and a project that will be economically sound, This project will be very difficult, if not impossible, to finance through conventional lending institutions because of its contemporary vision of purpose and its low return on investment. The purpose of this proposal is to solicit both cooperation and financial assistance from the city in any way possible. r . . c I. . t ; ;u .I l-r, 2 u > CEC 2 0 I’75 : .., ‘2 !, .- ._ __.. _ ._I._ - J ‘0 . ” _/ _. ._ -. . ___ __ DISCLOSL’RE STATEMENT &~sr_v.xNT’s STATEL4E.q OF 2lSCLOSUAE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATKJNS WHICH WILL RECUGE ;,SCAE;IONAiW ACTCN ON :X PART Of THE Cl-R COGNCIL. OR ANY APPOIKTED BOARO. COMMISSION OR CCMMflTEE. (Please Print) ihe following information must be disclosed: Aoplicant List the names and addresses of all persons having a financial interest in the application. JOHN SCHILLING P.O. BOX 417 CARLSBAD, CA 92008 2. Owner List the names and addresses of all persons having any ownership interest in the pr~~~-Q,i~~~~Q JOHN SCHILLING P-0. Box 417 CARLSBAD, CA 92008 r*-zy 3 fl jq . ..- * "9 n =? -. . . _. - -- L&s-&J *i-' :___ -. .._ -.- I-* "U 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 4. If any person identfled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRMooo13 8/90 2075 Las Palmas Drive l Cartsbad. California 92009-4859 l (619) 438-l 161 Disclosure Statement !Oveq Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, z:arcs Commissions, Committees and Council within the past twelve months? Yes - No x If yes, please indicate person(s) c Per,on IS defined M: ‘Any Individual, km. copartnrrsh,p. jornt vrnturr. association. social club, fraternal organlzafion. corporation. estate. trLs:. rwwer. ryndicatr. Ihlc and any other county. crly and county, crty muniapality. distnd or other political subdivwon. or any other group zr combmatlon acting as 1 unit’ ‘ (NOTE: Attach additional pages as necessary.) JOHN.SCHILLING JOHN SCHILLING Print or type name of owner Print or type name of applicant EXHIBIT 5 Staff Analysis of Design’ Guidelines ‘. Consistency VILLA( - timASTER PLAN DESIGN GUIDEL-.ES CHECKLIST Provide variety of setbacks along any single commercial block front Provide benches and low walls along public pedestrian frontages. Maintain Retail Continuity along Pedestrian-Oriented frontages Avoid Drive-Through Service Uses Minimize Privacy Loss for Adjacent Residential Uses Encourage off-street courtyards accessible from major pedestrian walkways Emphasize an abundance of landscaping planted to create an informal character Treat structures as individual buildings set within a landscaped green space, except for buildings fronting on: Carlsbad Village Drive, State Street, Grand Avenue, Carlsbad Boulevard and Roosevelt Street Provide landscaping within surface parking lots Project: Schilling Mixed Use Project The area the project is located has a mix of uses, including residential and commercial. Due to this mix, there are a will continue to be a variety of set-backs on the Roosevelt Block. The proposed project fronts on Pine Street, but also has an entrance to one of its workshop and retail spaces off of Roosevelt. As part of the project, the applicant has proposed to construct enhanced public improvements in the right-of- way as well as create a pedestrian friendly frontage directly on the private property. The planter areas will have low walls. The retail portion of this project is located entirely on th first floor which creates a very pedestrian-oriented frontage on Pine Street. No drive through service included in project. A 6’ Masonry Wall will be constructed on the south side of the property to provide privacy for the residential unit located adjacent to and south of the proposed project. Also, the second story residential units are located on the Pine Street (or north side of the property) which will provide for privacy for the single story residential units to the south. The parking lot for the proposed project is located between the residential units to the south and the retail/ workshop spaces; this will help to provide a buffer for the residential uses. The project has been designed to be pedestrian friendly and encourage pedestrians to walk into the retail areas. Enhanced public spaces are being created as part of the project in the public right-of-way. Landscaped areas surround this project. There are landscape planters, trees, low level ground cover, and landscaping throughout the parking lot . All of these various types of landscaping are used within the project to provide for an informal character/setting. This project has been designed in a manner which provides for “green space” that completely surrounds the building. This will assist in making it a desirable place to live and work. Landscaping is provided within the parking lot area. = Provide access to parking areas from alleys wherever possible. -, =- No Alley. This project is surrounded on three sides by streets: Pine, Tyler and Roosevelt. The fourth side is adjacent to a residential lot. Locate parking at the rear of lots. With Pine Street considered to represent the front of th lot, the parking is located at the rear of the lot. However the entrance will be off of Roosevelt Street and the lot exits onto Tyler. Devote all parking lot areas not specifically required for parking spaces or circulation to landscaping. All areas not required for parking spaces or aisles or driveways or the trash enclosure have been landscaped. Avoid parking in front setback areas No parking proposed in front setback. Avoid curb cuts along major pedestrian areas. Roosevelt is a major pedestrian area and there is a cur cut to be constructed on it. However, this curb cut will provide for entrance only to the project. Therefore, ther should be less disruption to pedestrians in the area. Avoid parking in block corner locations The parking lot will be partially visible from the corner. However, this should not have a negative visual impact on the area. The majority of the block corner will consist of landscaping and the building. Provide setbacks and landscaping between any parking lot and adjacent sidewalks, alleys or other paved pedestrian areas. Setbacks, decorative hardscape and/or landscaping were provided between the parking lot and the adjacent sidewalks. Avoid buildings which devote significant portions of their ground floor space to parking uses. Not applicable to this project. Place parking for commercial or larger residential projects below grade wherever feasible. Enhance parking lot surfaces. At this site, it was not feasible or necessary to place parking below grade. To be feasible, a much larger/talle building would need to be constructed. Staff could not support a larger or taller building on this particular site. The parking lot surfaces will most likely be asphalt. The applicant, however, has proposed to enhance the surface by incorporating interlocking tile pavers in the middle section of the lot. Provide for variety and diversity. Each building should express its uniqueness of structure, location or tenant and should be designed especially for their sites and not mere copies of generic building types. The proposed new design of the building provides for articulation in the building, varying roof forms, fabric awnings and other architectural features which provide for a unique character. The proposed building will not look like any other building currently in the area. However, it will also blend into the area in a complimentary manner. The site was taken into consideration in terms of its constraints. Also the location within.the Village and Barrio Area were important in development of the design. Step taller buildings back at upper I :IS. At its peak, the P Jposed project is 28 feet in height. It i not a very tall building. However, the building is set-bat from the sidewalk and the roof line has been varied to reduce any negative impact on pedestrians. Break large buildings into smaller units. The applicant has made a good faith effort to design the building in a fashion which creates a sense of individua retail units. The retail suites have varying entrance locations. There are also pop-outs and awning which create a feeling of smaller units. Maintain a relatively consistent building height along block faces. Utilize simple building forms. Trendy and “look at me” design solutions are strongly discouraged. The height of the building is consistent with the other buildings in the area, with the exception of some of the single family homes located within the area. The building has been designed with simple lines and forms but allows for representation of the Village/Barrio character desired for the area. ~ Emphasize the use of gable roofs with slopes of 7 in 12 Gabled-type roofs and roof features with the desired or greater. pitch have been provided within the project. Encourage the use of dormers in gable roofs. Dormers are used within the proposed gabled roofs. Emphasize wood and composition shingle roofs, with the The project provides for a clay tile roof. The project is exception that in the Land Use District 5 clay tile roofs located in Land Use District 5 which allows for clay tile ’ are acceptable. roofs. Avoid Flat Roofs The building does not have a flat roof. It has varying levels of pitch. Screen mechanical equipment from public view. This will be a requirement of the project. II ~ Avoid mansard roof forms. Mansard roof not designed into project. Emphasize an informal architectural character. Building facades should be visually friendly. By providing for attractive front and side yards and decorative paving, the entry to the project is very visually appealing. Visual interest is added to the building through attractive. building colors, many windows, varying entrances and colotful fabric awnings. Design visual interest into all sides of buildings. The building facades which are visible from the three streets have been given special design attention by the variation in facade fronts and entrances to the retail and a separate central entrance for the residential, recessed entrances, a varying roof line and a variation in landscaping. To provide some visual appeal to the rear of the building, the parking lot will be landscaped and interlocking tile pavers will be used in the central area o the lot for enhancement purposes. Decorative doors will be used for the rear entrances to the garages and workshop spaces. II=-= ’ Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. The proposed project provides for smaller, individual window openings for both the residential as well as the retail areas. The building design provides for recesses and projections which will create some shadows and contrast. The entrances to the retail are varied, some are recessed while others are flush with the front of the building. Give special attention to upper levels of commercial structures. The upper level of this commercial building provides for 4 residential units. Effort was made by the applicant to design features in the second floor which would provid for special attention to detail. 11 Provide special treatment to entries for upper level uses. The entry to the second floor (residential units) is accessed through an interior courtyard area to provide security for these units. Special attention was given to the design of the wrought iron fencing and gates which create the entry way to the second floor. Utilize applied surface ornamentation and other detail elements for visual interest and scale. Detail elements have been incorporated into the entire project by design. The fencing and window designs all provide for detail which adds visual interest. The balcony areas and central entry way were also designe to provide for detail in architecture. Additionally, the projecting signs proposed for the project (retail areas) help to create visual interest and the appropriate scale for the building. Respect the materials and character of adjacent The materials and colors proposed for the building will development. not conflict with adjacent developments. Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; stucco The wails will have a stucco finish. I II Avoid the use of the simulated materials; indoor/outdoor Avoid tinted or reflective window glass. carpeting; distressed wood of any type At this time, none of the noted materials have been indicated for use. The windows are clear glass Utilize wood, dark anodized aluminum or vinyl coated metal door and window frames. The applicant will be using white aluminum door and window frames. These types of windows and doors are more desirable due to the design of the building and the colors to be used on the exterior of the building. Avoid metal awnings and canopies. The applicant has proposed teal-colored fabric awnings to add color and interest to the building. Utilize light and neutral base colors. The building walls will have a light peach-colored stucco finish, with “creme bute” trim/caps and a “cedar rust” base. Limit the materials and color palett “I any single building (3 or less colors) Provide significant storefront glazing. Avoid Large Blank Walls. Encourage large window openings for restaurants Encourage the use of fabric awnings over storefront windows and entries. Emphasize display windows with special lighting. Encourage the use of dutch doors. Utilize small paned windows Develop a total design concept. Provide frequent entries. Limit the extent of entry openings. Avoid exterior pull down shutters and sliding or fixed security grilles over windows along street frontages. Emphasize storefront entries. Integrate Fences and walls into the building design. The colors and .ierials are limited to stucco (3 colors) Desert Terra Cotta roof tiles and teal awnings. The project, as designed, is consistent with the design guideline to devote a minimum of 60% of the ground floor to storefront glazing. There are a number of windows and glass doors on the east, west and north elevations, which front on Roosevelt, Pine and Tyler Streets. The project provides for no blank walls. Not applicable; no restaurants proposed within the project. Fabric awnings to be used over windows and most of the entries. No display lighting proposed at this time. Dutch doors not proposed. The applicant believes that the doors as designed are more appropriate for the selected style of the building. The applicant is not using small divided paned windows However, the window selected is small in scale and divided into three parts by its design. All facade design elements are unified. The residential uses together with the retail and workshop space have been well-blended in terms of design. The project does provide for frequent a varying entrances in terms of the individual retail suites. However, no single retail suite has more than one entrance due to their size. The suites are not large enough to require several entries. The design of the building is consistent with the desire to promote the Village character. The extent of the entry openings has been limited due to the size of the retail suites. The project does not include pull down shutters or sliding or fixed security grilles over windows along the street frontage. The storefront entries are emphasized through the use of brightly colored fabric awnings or porch type structures. Also, decorative paving will guide customers to the retail entries. Fences and walls have been incorporated into the building design. Encourage front entry gardens Locate residential units near front property lines and orient entries to the street. Provide front entry porches. The proposed first level landscaping does provide for a entry garden to the second level residential units. Due to the mixed use nature of this project and the second story location of the residential units, it was not possible to locate the residential units any closer to the front property lines or to orient the entries to the street. The project provides for a multi-family, mixed use project which does not lend itself to front entry porches for the residential units. Provide windows looking out to the street. The project provides for windows which overlook all three streets. Utilize simple color schemes. The color scheme for the residential units is part of the overall color scheme for the entire project. The color scheme is discussed in more detail above. Provide decorative details to enrich facades. The applicant applied windows and decorative window trims, dormers and other architectural features to enrich the facade of the total project, which includes the second story residential units. Emphasize “cottage” form, scale and character The use of gable-type roofs, varied roof heights and dormers help to provide a visual relationship between the residential/commercial design of this building and others within the area. Emphasize an abundance of landscaping. This project will provide for an abundance of landscaping as well as hardscape both on private property and within the public right-of-way. Limit access drives to garages or surface parking areas. Access to the parking lot and enclosed garages has been limited. There is only one driveway into and out of the proposed project. This driveway leads to the individual garages for the residential units. Encourage detached garages which are subordinate in visual importance to the house itself. It was not possible to incorporate detached garages within this project. However, the garages for the residential units are subordinate to the residential units (as well as the retail space). Provide quality designed fences and walls. The applicant has designed very high quality fencing which has been incorporated into the design of the building as related to the entryway to the residential units. The fencing is decorative a provides a desirable architectural feature. Visually separate multi-family developments into smaller Through the use of windows, the applicant has been components. able to visually separate the multi-family units, EXHIBIT 6 Project Plans Exhibits “Ass - “Ii“’ - 7%; 1-q; b 4’ j”l: IL I I i / ; ir ) ,- I I I I -- 4 I: l!f L 1 II I \ -_ .______ .“. ---. ..-~_ .-------.L------t----- i ! ----y--1-c-y i \ 1% “5 I i: pj -j&--; / r-+-7 / I- 9 ,$ .y , W.‘ * IIP( I- -w -Yr :: 1 i :: I : ; 1, : jl p-- It 2” B 1 -- -a t ;: 2 z 3 : 1 P-7 W .L------ C--.---------------------------------- I , I I 1957.YI.r 17.7,43sooIy ~.-.--1-.,.-.-.-...-._ i 7 r 2 1 > i .i -.-.- -._ 13.7x13- rY37A1 ;- ____ ‘----i-:dev 1 j 7 .y , :, ; I _ :- ----- -- -- -- __Le_-_- __.__.__.__.__.__.___ -.- ___._________.__. k .__ __._________ - --___-.. ---+’ 6 $ L- _______ -.----__- . .3 TY/:FR .TT”/zIpPT -.-. “.j .-.-.-. ; I --.-----------------~------------------------------------------~---~------~-------------+- *” 9% : I T + % ---- .---_ - ----- - ---__ ------..----+..-- +r- _- ----- ----??,,I--_-_---- b + -y-j---,? II .._. 1 .._--. _____ _ DESIGN REVIEW BOARL September 18, 1996 Page 1 Minutes of: Time of Meeting: Date of Meeting: ’ Place of Meeting: DESIGN REVIEW BOARD 5:00 P.M. September 18, 1996 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairperson Welshons called the Regular Meeting to order at 5:02 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Member Savary. Chairperson Welshons introduced and welcomed new member Larry Scheer, who was appointed to the board by the City Council on Tuesday, September 17, to fill the vacancy left by Nick Vessey. Ms. Weishons also read a letter (dated April 25, 1996) from Mayor Lewis, seeking assistance in reminding the members of the Design Review Board of the process for seeking reappointment to the body on which they currently serve. The letter also was a reminder that re-appointment is not automatic and that the policy of the Mayor and City Council is to appoint individuals to a maximum of two (2) complete terms. Any questions - regarding the process should be directed to the office of the Mayor or the City Clerk. Chairperson Welshons noted that all five DRB appointments expire in October, 1997, and that Mr. Scheer’s span on this commission may be very short, indeed. She pointed out, however, that the Village Master Plan Is now officially in effect, and the composition of the board does shift to a 2-3 membership, consisting of two planning commissioners and three village members. Ms. Welshons then asked Senior Management Analyst, Debbie Fountain, to update the board on the city council’s plans for re-configuring the membership of the board and to advise the members of the process for re-applying for any one of the five positions. Ms. Fountain explained that when the change takes place in October of 1997, the membership will essentially be a “flip” of the current configuration. Instead of the DRB being comprised of three (3) Planning Commissioners and two (2) Village Members, there will then be two (2) Plannins Commissioners and three (3) representatives from the Village Redevelopment area. These representatives will each be required to li&e a specific relationship with the redevelopment area. They must own property, own a business, work or live in the redevelop-a . Ms. Fountain further advised the Board that, prior to October, 1997, applications will be solicited and (when received) will be forwarded to the City Council for consideration. She also stated that the Council will (at that time) make appointments from the current membership of the Planning Commission to serve on the Design Review Board and those Planning Commissioners interested in serving on the DRB should make the Council aware of their interest at the appropriate time. Chairperson Welshons then asked the DRB members to consider that they had been given notice of the need to re-apply for the positions they now hold. She went on to explain that the delay in reading Mayor Lewis’ letter was attributed to the fact that the Design Review Board meetings are “few and far between” and the opportunity to present such correspondence is limited. ROLL CALL: Present: Chairperson Welshons, Members: Compas, Marquez, Savary and Scheer. MINUTES DESIGN REVIEW BOARD - September 18, 1996 Page 2 Absent: None Staff Present: Evan Becker, Director of Housing and Redevelopment Rich Rudolf, Assistant City Attorney Debbie Fountain, Senior Management Analyst Brian Hunter, Senior Planner Ken Quon, Associate Engineer APPROVAL OF MINUTES: ACTION: Chairperson Welshons, referring to pages 6 though 8 of the Minutes of August 7, 1996, pointed out a duplication of the “main” motion and also the lack of clarification of the amendments to the “main” motion. She explained how that action should read and the changes that should be made to differentiate between the introduction of the main action to the floor, the amendment actions & votes, the “main” motion, and ultimately, the vote on the “main” motion including the amendments. Wishing to reduce future confusion (with respect to similar actions) Ms. Welshons asked the Minutes Clerk, to devise a format for this type of action that would be more readily understood. Chairperson Welshons also asked for a correction regarding the next regularly scheduled meeting of the DRB. It was reported that Ms. Welshons announced that the next regularly scheduled meeting on August 21, 1996, would be a joint meetinq with the Planninq Commission. This is not correct and should be changed to read: Chairperson Welshons noted that the next regularly scheduled Design Review Board meeting will be on August 21, 1996 at 500 pm. VOTE: AYES: NOES: ABSTAIN: Motion by Member Compas, and duly seconded, to approve the Minutes of the Regular Meeting of August 7, 1996, as corrected. 4-o Welshons, Compas, Marquez, and Savary None Scheer COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. PUBLIC HEARING: 1. RP 95-05 - SCHILLING MIXED USE PROJECT - Request for a Major Redevelopment Permit to allow the construction of a mixed use project which includes 4 residential units, 1537 square feet of retail space and 1851 square feet of workshop space at 507 Pine Street, between Tyler Street and Roosevelt Street in the Village Redevelopment Zone/Land Use District 5. MINUTES I ’ 3 DESIGN REVIEW BOAR. September 18, 199b Page 3 Chairperson Welsons reminded the applicant, Board Members and the public that if the Board recommends approval of this item, it will be forwarded to the Housing and Redevelopment Commission for their consideration. Debbie Fountain, Senior Management Analyst, gave a brief presentation of this fairly complicated project, in order to leave plenty of time for questions and discussion. Ms. Fountain shared information, as a general overview of the project. She emphasized that this is a request for a mixed use/major redevelopment project, described the project location and discussed the community surrounding the proposed project area. Senior Analyst Fountain presented a series of slides addressing all facets of the project and outlined each proposed use. She also mentioned that the applicant is proposing to place 4 residential units in this project and with the approval of the DRB, will be given a 25% density bonus for one of these units. Further, the project does meet the inclusionary housing requirements in that one of the units will be affordable to lower income households. Ms. Fountain continued by noting that there needs to be a correction to DRB Resolution No. 252 which states that the applicant would have to pay for five (5) spaces (Condition #18, page 10). The change would reflect four (4) spaces rather than five (5) spaces, as related to the “in-lieu” fee. It was also noted that the public improvements to be designed and constructed need to be consistent with the proposals for the Roosevelt Street improvements. Those improvement plans have not been completed, to date, but the project has been conditioned to be consistent with those proposed improvement plans. If the plans are not completed before the applicant is ready to go forward, the City Engineer will make a determination as to what would be required. There has been a special condition added which requires that the workshop space would have to be leased with the retail space rather than as two (2) separate units. She also spoke of the necessity for prior approval from the City Council, for a street “vacation” and that every attempt would be made to take these two items to the City Council and the Housing & Redevelopment Commission, at the same time, so the City Council can make the decision on the street “vacation” first. Ms. Fountain pointed out the fact that if the City Council and the Housing & Redevelopment Commission did not approve the street “vacation”, there would be no reason for them to take action on the Redevelopment Permit because the project would have to be redesigned and then come back to the Design Review Board. Ms. Fountain asked Board Members if they had any question at this time and informed the Board that the applicant and the architect were also present to answer questions. Chairperson queried the Board for questions for staff. Member Savary expressed her concern about the noise factor of workshops below residential units and asked if there would be any time (specific hours) restrictions placed on the workshops behind the retail shops. Analyst Fountain responded by saying that, the City has not placed any restrictions but that the Board may want to check with the applicant to see if he has any plans to place any noise restrictions. She went on to say that if the Board wishes to do so, they can make noise restrictions a condition of the project. Member Savary also asked if the residents would be notified of the possibility of ambient noise. Ms. Fountain stated that a requirement can be added to assure that-all tenants wot&Lb&ven such notice. She also added that the design of those units, through the requirements of the building codes, already takes into consideration the noises of the area, such as railroad noise. Member Savary made mention of the undesirability of having an iron sculptor working, at all hours of the night, in a workshop immediately below a residential unit. MINUTES 133 DESIGN REVIEW BOARD - September 18, 1996 Page 4 Ms. Fountain pointed out that anyone intending to move into that complex should certainly be aware of what the mixed use is. She gave an example of a mixed use project in La Jolla and some of the issues that can . arise. Member Compas inquired as to when the “parking in-lieu” fee program will be approved. Ms. Fountain responded by explaining that the study will probably be completed within the next week or two and will then go to the Council to set the fee. Additionally, she expressed her departments desire that the parking program will be before the Council within the next month. Member Compas also asked, Ms. Fountain, if she feels comfortable with this hybrid parking system. Ms. Fountain responded in the affirmative by saying, in her opinion, the 50-50 split between warehouse and commercial/retail is reasonable. Member Compas also expressed his concern about traffic circulation and asked for some input regarding same. \ Ken Quon, Associate Engineer, assured Member Compas that adequate precautions have been taken to assure a smooth & safe flow of traffic both in and out of the site. He also pointed out that his department _ feels very comfortable with the one-way circulation because they are trying to reduce the number of cars coming out on to Roosevelt Street. Member Marquez inquired about what controls the City has regarding the wall separatino the retail sgas;e from the workshop-space. Specifically, what would happen if a tenant leased both a retail space and an awG%op space and then wanted to expand it all into one big retail space by removing the dividing wall? Ms. Fountain explained that it is a basic code enforcement issue that must be dealt with on every project as it occurs. She cited the fact that anytime an individual wishes to make any interior improvements, they must have a building permit for those changes. She also pointed out that there is always someone who will try to avoid the permit issue and make the changes without a permit. In those cases, as soon as Code Enforcement becomes aware of the changes, they will immediately take action to stop the work that is being done. It all boils down to the fact that Code Enforcement would have to monitor the activities of the complex and deal with any infractions as they occur. c Member Marquez also voiced her concern over the location of the trash enclosure as it is so close to the qPJ street and appears to be adjacent to the house next’door to the project property. She pointed out that the $,!L P house has a window, right there, and when a trash collection truck comes to pick up the trash there is going V-J to be a lot of noise. Because of the noise, she asked whether or not the trash enclosure could be traded with ;a/( ( li’zi..~ f the Handicapped parking space in the parking lot layout. ‘TA ‘b Mr. Quon answered by explaining that the original design had placed the trash enclosure on Tyler Street, but a-& that the visibility of a vehicle exiting onto Tyler Street would be blocked by the trash enclosure. Several locations were discussed and the current location was considered to be the best. Member Marquez repeated her concern for the residents of the adjoining property. She pointed out that since the neighboring residential unit has been there for quite some time (prior to this project) that, in her opinion, the City should have some consideration for them and make adjustments for their benefit. Ms. MINUTES DESIGN REVIEW BOARL September 18, 1996 Page 5 Marquez went on to raise the question of lighting, specifically the lighting in the parking area. Ms. Fountain advised that the applicant will have to submit a lighting plan, which is part of their “plan check” ’ process. With respect to the trash enclosure issue, Ms. Fountain pointed out that conditions regarding when the trash can be collected can be placed on the project if it becomes a real concern. Additionally, the terms of those conditions can be worked o- me applicant and the trash collection company. Member Marquez recommended that the lighting be shielded to eliminate and glare or visual intrusion into the residential units or the neighboring home.c Chairperson Welshons recommended that the Board obtain some more information regarding some of the above issues, before there are any final determinations. Member Marquez made known her displeasure with the exterior design of the-@1 UD r the project as related to the workshop space. It is her feeling that the doors make the project have a very “industrial look” and inquired about the possibility of changing the “look”. She also asked if the doors were garage doors or roll-up doors. Ms. Fountain suggested that the applicant answer that particular question but also offered the fact that it is quite possible that the taller doors will be a necessity especially if the tenant(s) are artist, sculptors, etc., and the products they create or manufacture are considerably taller and/or larger than the average door. Member Marquez suggested that there be conditions, in place, totgovern deliveries to the site and asked for appropriate recommendations. She also inquired about provisions for loadin & un /g on the property. Ms. Fountain agreed that there could be conditions placed on deliveries and deferred to Ken Quon to answer the question regarding the loading/unloading area. Mr. Quon pointed out that they had made a provision for an extra wide lane, in the parking lot, that would allow unrestricted passage of vehicles regardless of the loading or unloading activities. Chairperson Welshons, referring to two of the retail shops that do not appear to have access to the back, asked where and how their goods would be loaded or unloaded. Mr. Quon assured Ms. Welshons, that although those two shops “front” on the street, they indeed have access to the back through the center section of the building. Chairman Welshons questioned how (mathematically) as well as by Municipal Code, the density bonus & incentives were determined. Ms. Fountain replied the Density Bonus ordinance specifically states that it applies to a project with 5 or more units. However, staff did not interpret this to mean that a smaller project could not benefit from the Density Bonus Ordinance. The Village Master Plan indicates that a residential project cannot exceed the Growth Management Control Point unless a Density Bonus or Density Increase is granted for the project per Chapter 21.53 and 21.86 of the Carlsbad Municipal Code. So, in order for the City to permit the proposed project, either a density bonus or increase must be approved. Redevelopment staff is recommending the density bonus and an additional incentive of reduced parking requirement to help the project. Analyst Fountain asked MINUTES DESIGN REVIEW BOARD - September 18, 1996 Page 6 Senior Planner Brian Hunter to share his thoughts on the matter. Brian Hunter, Senior Planner, stated that the calculations were correct in terms of the density for the project. ’ The project density is within the range for the RMH designation but it does exceed the Growth Management Control Point. In terms of the Density Bonus, he was not sure why the Density Bonus Ordinance referred to projects with 5 units or more. He was not sure if this was part of the State Density Bonus Law. Rich Rudolf, Assistant City Attorney, advised that in terms of just the application, the City cannot limit the state law and prohibit a bonus that they would be entitled to and went on to ask if the City is saying that the ordinance would prohibit another enhancement if its less than 5 units. Chairman Welshons referred to page 6, paragraph 2, and asked for a clarification, She alleged a “stretch” to give this project a density bonus when it is only a 4 unit project when the ordinance specifically refers to a minimum of 5 units. Chairman Welshons expressed concern that staff is trying to make the project fit through use of the Density Bonus Ordinance. Mr. Rudolf stated that the Density Bonus discussion was not in the draft of the report he reviewed and that he did not get a chance to review the final report because he was in the process of moving his office due to renovations. He apologized for not being able to advise the Board in the manner that he normally does. Chairperson Welshons questioned how the math calculations, that begin on page 5 of the staff report, the subsequent calculations on page 6, and the density bonus all somehow (miraculously) make everything O.K. She summed up her question to ask, “is this a stretch to make it all fit?” Mr. Becker, in answer, stated that the density is within the General Plan range for RMH. It is within the 8 to 15 dwelling units per acre that is allowed. With the density bonus added to it, the project can be approved. It is above the growth control point but the general plan allows a project to exceed it through granting of a density increase. Chairperson Welshons then questioned the legality of the way in which the density bonus, etc., has been calculated. Mr. Becker indicated that he would discuss with Chris DeCerbo who was in the back room and worked on the Density Bonus Ordinance. Chairperson Welshons asked if the incentive was to reduce the parking standard and was assured, by Ms. Fountain, that it was the additional incentive. Ms, Welshons also asked that if in reducing the parking standards, what is the distance to the closest parking lot and what is the in-lieu fee, when that fee is determined, and does that go toward a parking garage or a parking lot? Also, what is the distance from this site to the nearest parking lot available for use. Ms. Fountain explained that the in-lieu fee program is set up so that if the project is within 600 feet of an existing public parking lot (or one that is planned within a 2 year period), you can pay up to 50% of the parking requirement and a fee. Conversely, if you are not within 600 feet, the maximum you can pay is 25%. This project is not within the 600 feet of an existing parking lot, but the program says that regardless of whether or not you are close to a public parking lot, you can still pay a fee. In this case, the nearest public parking is beyond 600 feet. Chairperson Welshons remarked that, while driving around the site, she had observed that there were absolutely no parking spaces available on the street, and in light of that fact that there are no residents currently at that site, where are all the cars coming from? MINUTES \35 DESIGN REVIEW BOARL September 18, 1996 Page 7 Ms. Fountain answered by explaining that the in-lieu fee was originally set up to help people develop their property, so it was understood that there may potentially be a parking lot in that area. The program was not ’ set up with that assumption that a parking lot is already provided or would be provided- it was set up to allow fees to be paid in lieu of public parking. Chairperson Welshons asked if there will be any landscaping between the sidewalk and the street and was informed, by Ms. Fountain, that since the sidewalk goes right to the street, there is none planned at this time. Ms. Welshons also asked if there would be landscaping in the triangular spaces in the parking lot and was answered in the affirmative. Regarding the bench, Ms. Welshons asked if it was planned to take the design of the bench to the Arts Manager. Ms. Fountain referred to the Roosevelt Street Improvement and how they will incorporate art components into the whole project and to possibly create some benches that serve as art work, as has been done in some other areas. This is why staff is recommending that the applicant be required to work with the Arts Manager as well as the Housing and Redevelopment Director in the final design of the improvements. Chairperson Welshons asked if there would be signage to indicate that there is parking in the rear of the building. Ms. Fountain stated that signage has not been discussed but that signage can be made a condition of the permit. Chairperson Welshons addressed Mr. Becker and Mr. Rudolf in an effort to obtain the answers to the many questions regarding the density bonus, etc., as discussed earlier. Mr. Becker stated that the State Density Bonus law does contain the 5 unit threshold and that was the origin of what was put into the City Ordinance. That 5 units is the “base” density not what is achieved after the application of a density increase. That may eliminate the use of the State Density Bonus law, here, which would not only eliminate the increase in the density but would also eliminate the second incentive regarding parking. He went on to say that, as far as the density increase, it is his belief that the General Plan Density provision per the 1994 amendment, is in effect with the exception of the Coastal area. Since this project is not in the Coastal area, the density could be applied to achieve any density desired through the General Plan. However, that still leaves the parking matter and whether or not the Board wishes to grant a reduced parking requirement. Ms. Fountain offered that an option is that the project is reduced to three residential units and the applicant can restrict one of the units for “affordable housing” purposes to meet their Chairperson Welshons stated that with the foregoing revelations, it back to the drawing board”. Member Compas admitted his confusion and asked if Ms. Fountain’s write-up was correct or not. Ms. Fountain replied that when she wrote this report, she did not believe that the density increase ordinance was in effect and that the Density Bonus Ordinance was the most appropriate for application to the project. If, in fact, none of our ordinances apply to this project, or if we cannot grant the additional unit, then we will need to go back and look at the project again. If it turns out that the additional unit cannot be granted, then the applicant will have to go with just three residential units. MINUTES DESIGN REVIEW BOARD - September 18, 1996 Page 8 Member Compas then asked Ms. Fountain to tell the Board that she would look into the confusion and she promptly agreed to do so. Chairperson Welshons outlined the subjects drawing the Board’s concerns, including Member Savary’s request for an explanation of the justification for vacating the city street, and suggested that the discussion of this project be continued. Chairperson Welshons invited the applicant, or his representative, to speak. Robert Richardson, KARNAK ARCHITECTURAL AND PLANNING, 2802 State Street, Suite C, Carlsbad, CA 92008 (across from Bauer Lumber Co.), speaking on behalf of his client & applicant, John Schilling, agreed to a continuance. Before leaving the podium, Mr. Richardson briefly addressed the Board and Staff by reminding all those present that he and his client were very pleased to have the opportunity to design and build this project and the important fact that they had each worked very closely with Staff to develop the concept and design now before the Board. He also pointed out that the applicant has, perhaps, already spent more on this project than he should have, in an effort to make it work. He made it quite clear that if the number of residential units is cut from four to three, that cut will quite possibly kill the entire project. Mr. Richardson also spoke of how much time and effort has been put into trying to build a model project for the community and how upset they are to think that all of their efforts and expenditures may have been for nothing. He asked, both the Board and Staff, to be very careful in their further study of the project. Chairperson Welshons assured Mr. Richardson that Staff would be doing additional research, in an effort to allow this project to come to fruition. She also addressed the audience, asking if there was anyone who wished to speak but who could not return at a later date when this item will be presented again. Seeing no one, Chairperson Welshons closed public testimony. Debbie Fountain, Senior Management Analyst, recommended a continuance of this item to the regularly scheduled meeting of the Design Review Board on October 2, 1996. Chairperson Welshons asked for a motion to continue. ACTION: VOTE: AYES: NOES: ABSTAIN: Motion made by Member Compas, and duly seconded, to accept the recommendation to continue this item to October 2, 1996. Due to a scheduling conflict, the recommended date for continuance was changed to October 16, 1996. Member Compas amended his earlier motion, and was duly seconded, to accept the recommendation to continue this item to October 16, 1996. 5-O Compas, Savary, Marquez, Scheer and Welshons. None None No announcements from Housing and Redevelopment Director Becker. No announcements from Assistant City Attorney Rudolf. No announcements from Senior Management Analyst Fountain. MINUTES DESIGN REVIEW BOAR - .- - i September 18, 19% Page 9 Chairperson Welshons noted that the next regularly scheduled meeting of the Design Review Board will be on October 2, 1996, at 5:00 pm. ADJOURNMENT: By proper motion, the Regular meeting of September 18, 1996 was adjourned at 6:10 pm. Respectfully submitted, EVAN BECKER Housing and Redevelopment Director CAROL CRUISE Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. MINUTES PROOF OF PUBLK :ION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Nov. 28, 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Calif%%ia~? ?A> 1, ,“Cll day of Nov. 1998 ------ +% __---_------- ------- Signature NORTH COUNTY TIMES Legal Advertising I This space ik Jr the County Clerk’s Filing Stamp Proof of Publication of Public Hearing I ____-_-------_-__-_------- ! _I 1.‘. ‘$ copieaolnlealanrspMIwilba~&and~ -4,1888.wywhuveany queetiOrisq~hismMer,~contsaOebbie~tahinihe~and ~~st(780)49czB15. .+ Aaatiot+s . undertheCaliiov& l?t%wsz CommiinonFebnrary4,lQOi’. NOTICE OF PUBLIC HEARING RP 95-05 - SCHILLING MIXED USE PROJECT NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California at 6:00 p.m. on Tuesday, December 8, 1998, to consider a request for an eighteen (18) month extension of Major Redevelopment Permit 95-05 which will allow the applicant additional time to pull building permits for construction of a new mixed use complex which will include 1537 square feet of retail, 185 1 square feet of workshop space and four (4) one bedroom residential units (apartments) on property located at 507 Pine Street, more particularly described as: Lots 17, 18 and 19, in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. The new expiration date for the subject permit shall be February 5, 2000 (18 months from the date of original permit expiration.) Copies of the staff report will be available on and after December 4, 1998. If you have any questions regarding this matter, please contact Debbie Fountain in the Housing and Redevelopment Department at (760) 434-28 15. As a result of environmental review under the California Environmental Quality Act (CEQA), the Planning Department has determined that the proposed project is in Prior Compliance with the previous Negative Declaration issued by the Planning Director on August 6, 1996 and approved by the Housing and Redevelopment Commission on February 4, 1’997. If you challenge the extension of the Major Redevelopment Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, City Clerk’s Office at, or prior to, the public hearing. APPLICANT: John Schilling PUBLISH: November 28, 1998 CARLSBAD HOUSING 81 REDEVELOPMENT COMMISSION II II I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CARLSBAD VILLAGE DRIVE OAKAVENUE PINE STREET +-- Project Site CITY OF CARLSBAD SCHILLING MIXED USE PROJECT RP 95-05 -II $F Family Atkin 3565 Trieste Dr Carlsbad, CA 92008 , Bobby Robinson 3081 Madison St Carlsbad, CA 92008 Lloyd & Barbara McCarthy 549 S 3rd Ave La Puente, CA 91746 Nesta Caroline 2040 Lincoln St Oceanside, CA 92054 Anne Parker 14088 Rue Monaco De1 Mar, CA 92014 Nesta Caroline 2040 Lincoln St Oceanside, CA 92054 Nesta Caroline 2040 Lincoln St Oceanside, CA 92054 Caroline Nesta 2040 Lincoln St Oceanside, CA 92054 Gerald Bowers & Richard Bowers 3 199 Falcon Dr Carlsbad, CA 92008 Edmund Janicki & Frederick Janicki 8903 E Devonshire Ave Scottsdale, AZ 8525 1 John Nobel PO Box 99550 San Diego, CA 92 169 Bertha <a@ Magana Berth Pacheco Martha Pacheco Rico 910 Woodlake Dr CartWf, CA 92007 Lewis & Pauline Chase 4045 Baldwin Ln Carlsbad, CA 92008 William Hendrick 228 S Hill St Oceanside, CA 92054 Lewis 62 Pauline Chase 4045 Baldwin Ln Carlsbad, CA 92008 John Schilling POBox417 Carlsbad, CA 92018 Kenneth & Pamela Crisman PO Box 723 Carlsbad, CA 92018 CARLSBAD COMMUNITY CHURCH 3 175 Harding St Carlsbad, CA 92008 I Peter Lopez 1343 Tower Dr Vista, CA 92083 David McChesney 3235 Roosevelt St Carlsbad, CA 92008 JOIN HANDS-SAVE A LIFE 3528 Madison St Carlsbad, CA 92008 JOIN HANDSSAVE A LIFE 3528 Mad&fi St Carlsbac?l, CA 92008 JOIN HANDS-SAVE A LIFE 3528 Madison St Carlsbad, CA 92008 Ernest & Nancy Reyes 3243 Roosevelt St Carlsbad, CA 92008 Mark & Edee Luper m hx 2084 Carlsbad, CA 92018 E M Johnston & Jess Johnston 1025 112 Irving Rd Eugene, OR 97404 Eleuteria Campa 3234 Roosevelt St Carlsbad, CA 92008 Gentry Terhune 3279 Madison St Carlsbad, CA 92008 John & Julie Harland 2932 Gaviota Cir Carlsbad, CA 92009 Hyung & Young Yang 29 15 Cacatua St Carlsbad, CA 92009 Monica Mier 2820 Hutchison St Vista, CA 92084 Reynaldo Barrera & Regina Cruz 3221 Madison St Carlsbad, CA 92008 M Guadalupe Munoz Marie Davies 3250 Roosevelt St 3095 Monroe St Carlsbad, CA 92008 Carlsbad, CA 92008 Family Pacheco 9 10 Woodlake Dr Cardiff, CA 92007 Felipe Hemandez & Tony Hemandez 3230 Madison St Carlsbad, CA 92008 ROMAN CATHOLIC BISHOP OF S D PO Box 85728 San Diego, CA 92 186 pbillip & Mary Rodriguez 4304 W La Madre Way North Las Vegas, NV 8903 1 Florencio Rodriguez 675 Oak Ave Carlsbad, CA 92008 Hilario Flores 3 145 Madison St Carlsbad, CA 92008 Family Santana 3 183 Madison St Carlsbad, CA 92008 Sheldon Brockett 4522 %ias St San Biego, CA 92103 Richard & Ellen Farquhar 43 10 La Portalada Dr Carlsbad, CA 92008 Zia Mohammedi 838 Lincoln Blvd #2 Santa Monica, CA 90403 A Miguel & Francisca Gonzalez 3 119 Madison St #B Carlsbad, CA 92008 Stephen & Gina Ruggles PO Box 1352 Carlsbad, CA 92018’ - Mack Stout 2914 Luana Dr Oceanside, CA 92086 Thomas & Magdalena Almanza Consuelo Gomez 1905 S Ditmar St Oceanside, CA 92054 Stanley & Sandra Katz 4906 Neblina Dr Carlsbad, CA 92008 Daniel Pei 8 10 Coldstream Ct Diamond Bar, CA 9 1765 Steve Rodriguez 3207 Madison St Carlsbad, CA 92008 Celia Ramirez 735 Pine Ave Carlsbad, CA 92008 Gerard0 & Abigail Gomez Alfonso & Eleano Gomez 4765 Gateshead Rd Carlsbad, &l;h 92008 Kathleen M Y Palmer PO&u% 117 Oceanside, CA 92049 Mauro & Ramona Flores PO Box 80 Carlsbad, CA 920 18 Victor & Marie Montanez PO Box 874 Carlsbad, CA 920 18 Family Valdez 2506 San Clemente Ave Vista, CA 92084 Richard & Ellen Farquhar 43 10 La Portalada Dr Carlsbad, CA 92008 Les Monthei PO Box 2392 Fallbrook, CA 92088 Tanya Stemberg 3 156 Harding St Carlsbad, CA 92008 .I Robert & Turner-Rosin Marks 3 166 Harding St Carlsbad, CA 92008 Harold & Estherlee Gustafson 906 Pine Ave Carlsbad, CA 92008 Alex Young 926 Pine Ave Carlsbad, CA 92008 Luan M Schick PINECONE APARTMENTS PARTNERSH 938 Pine Ave 580 Beech Ave #A Carlsbad, CA 92008 Carlsbad, CA 92008 Jimmy Dyche 2566 S Central Ave Flagler Beach, FL 32136 CARLSBAD COMMUNITY CHURCH 3 175 Harding St Carlsbad, CA 92008 Joseph Kratcoski Jr. 1302 Pine Ave Cartsbad, CA 92008 Kenneth Sprinkle & Patricia Bama 1215 Oak&e Carlsbad; CA 92008 Eric Murphy Bradley & Blayne Harvey Phong Ngoc Nguyen 396 N Coast Highway 10 1 1420 Pine Ave 514 W 10th Ave Encinitas, CA 92024 Carlsbad, CA 92008 Escondido, CA 92025 Howard Burton 9000 Belk St El Paso, TX 79904 CITY OF CARLSBAD NOTICE OF PUBLIC HEARING SCHILLING MIXED USE - COMMERCIAL AND RESIDENTIAL NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California at 6:00 p.m. on Tuesday, +%@/9F to consider a request for / an eighteen (18) month extension of Major Redevelopment Permit 95-05 which will allow the applicant additional time to pull building permits for construction of a new mixed use complex which will include 1537 square feet of retail, 1851 square feet of workshop space and four (4) one bedroom residential units (apartments) on property located at 507 Pine Street, more particularly described as: Lots 17, 18 and 19, in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. The new expiration date for the subject permit shall be February 5, 2000 (18 months from the date of original permit expiration.) Those persons wishing to speak on this proposal are cordially hearing. Copies of the staff report will be available on and after . have any questions C Fountain in the Housing and Redevelopment Department at (&!$434-28; 5. As a result of environmental review under the California Environmental Quality Act (CEQA), the Planning Department has determined that the proposed project is in Prior Compliance with the previous Negative Declaration issued by the Planning Director on August 6, 1996 and approved by the Housing and Redevelopment Commission on February 4, 1997. If you challenge the extension of the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Case File: RP 95-05 Case Name: Schilling Mixed Use Project November 3, 1998 TO: CITY CLERK’S OFFICE FROM: HOUSING AND REDEVELOPMENT DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice EXTENSION OF MAJOR REDEVELOPMENT PERMIT 95-05 - SCHILLING PROJECT for a public hearing before the Housing and Redevelopment Commission. Please notice the item for the regular Housing and Redevelopment Commission meeting on as directed by Citv Manaqer’s Office. --tih Community Develop DATE CITY OF CARLSBAD NOTICE OF PUBLIC HEARING SCHILLING MIXED USE - COMMERCIAL AND RESIDENTIAL NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California at 6:00 p.m. on Tuesday, to consider a request for an eighteen (18) month extension of Major Redevelopment Permit 95-05 which will allow the construction of a new mixed use complex which will include 1537 square feet of retail, 1851 square feet of workshop space and four (4) one bedroom residential units (apartments) on property located at 507 Pine Street, more particularly described as: Lots 17, 18 and 19, in Block 31, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after . If you have any questions or would like a copy of the staff report for the project, please contact Debbie Fountain in the Housing and Redevelopment Department at (619) 434-2815. As a result of environmental review under the California Environmental Quality Act (CEQA), the Planning Department has determined that the proposed project is in Prior Compliance with the previous Negative Declaration issued by the Planning Director on August 6, 1996 and approved by the Housing and Redevelopment Commission on February 4, 1997. If you challenge the extension of the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Case File: RP 95-05 Case Name: Schilling Mixed Use Project City of Carlsbad December 14,1998 William & John Schilling PO Box 417 Carlsbad, CA 92008 RE: EXTENSION FOR RP-95-05 - 507 PINE STREET Enclosed for your records are copies of the Housing & Redevelopment Commission Agenda Bill No. 304 and Resolution No. 304. These documents went before the Commission on December 8, 1998, when the extension you requested was granted. If you have any questions regarding this action, please call the Carlsbad Housing and Redevelopment Department, Ms. Debbie Fountain, at (760) 434-2811. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 43