HomeMy WebLinkAbout2002-08-06; Housing & Redevelopment Commission; 349; Village By The SeaHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL I
AB# 349 m: DEPT. HD. (@??
VILLAGE BY THE SEA MTG. 8-6-02 RP Ol-OG/CDP 01-16/CT01-10 CITY ATTY. e
DEPT. WRED CITY MGR
RECOMMENDED ACTION:
That the Housing and Redevelopment Commission ADOPT Resolution No=, APPROVING a
Major Redevelopment Permit (RP 01-06), Coastal Development Permit (CDP 01-16), and Tentative
Tract Map (CT 01-10) for a mixed-use project consisting of sixty-five (65) condominium units and
8,662 square feet of retail space for the Village by the Sea project as recommended by the Design Review Board.
ITEM EXPLANATION:
On June 24, 2002, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit, coastal development permit, and tentative tract map for a mixed-use project
consisting of 65 condominium units and 8,662 square feet of retail space in Land Use District 1 of the
Carlsbad Village Redevelopment Area. The 2.83 acre site is bordered by Carlsbad Blvd. to the
west, Washington St. to the east, Christiansen Way to the south, and Beech Ave. to the north.
The proposed project involves three different building types comprised of ten separate buildings.
Building 1 is located along the frontage of Washington St. and consists of two levels of residential
units over a fully enclosed parking garage (3 stories total). Building 1 includes eleven (1 I) affordable condominium flats and eight (8) townhome market rate condominium units. Buildings 2-9 are located
in the middle of the subject property with two of the buildings fronting on Christiansen Way. Each of
these buildings includes four (4) or five (5) townhouse units with individual tuck-under garages.
Buildings 2-9 all appear as three story structures on the interior (garage) side of the building, but due
to grade differentiations, as two story structures on the exterior (front) side. The final building type
(Building 10) consists of ten (IO) two-story townhome units over individual enclosed 2-car garages
and a line of retail shops along Carlsbad Blvd. (3 stories total).
The project contains a variety of units. Building 1 contains 2, 3, and 4-bedroom units ranging from
871 sq. ft. to 1,768 sq. ft. in floor area. Buildings 2-9 contain 3-bedroom units measuring 1,623 sq. ft.
each. Building 10 contains 3-bedroom units measuring 2,384 sq. ft. in floor area. Each unit within
the project is equipped with a private deck.
The project also includes extensive landscaping within and around the project, and decorative walls
and retaining walls as required. Three centralized outdoor active recreation areas, including spa,
putting green and lawn bowling area are provided. Indoor common recreation is also proposed in
Building 1 that includes a gymnasium, card room, and craft room. Enhanced paving is proposed at
all four entries off the public streets and at important visual locations internally along the drives. Four locations for enclosed trash bins are distributed at convenient locations adjacent to the driveways
throughout the site.
At the public hearing, the Design Review Board members voted unanimously (3-0, Marquez
abstain and Lawson absent) to recommend approval of the project as proposed with findings to
grant the following:
1. Establishment of the High Residential (RH) density designation for the subject property with a
corresponding density of 15-23 dwelling units per acre and a Growth Management Control Point
(GMCP) of 19 dwelling units per acre;
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PAGE 2 OF AGENDA BILL NO. 349
2. A density bonus of no more than 25% over the GMCP in exchange for 20% of the total units
being restricted and affordable to low income households; and
3. Modifications of the following planned development standards as an additional economic
incentive (permitted under the density bonus regulations) to make the provision of affordable
units feasible:
a. Reduced setback from a major arterial (Carlsbad Blvd.) to assist in the economic viability of
b. Elimination of requirement to provide recreational vehicle parking on-site; and
c. Reduced drive aisle width from 30 feet to 24 feet wide.
the retail component of the project;
Comments provided by the Board members on the proposed project are provided in the attached
draft minutes of the June 24'h meeting. The approving resolutions along with the Design Review
Board staff report are also attached for the Commission's review.
ENVIRONMENTAL REVIEW:
The Planning Department has conducted an environmental review of the 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 staff's review, a Negative Declaration
was issued for the subject project by the Planning Director on June 5, 2002 and made available
for public review. The Design Review Board's adoption of DRB Resolution No. 285 recommends
approval of the environmental documentation prepared for the project. Adoption of the attached
Housing and Redevelopment Commission Resolution approves the Negative Declaration for the
project.
FISCAL IMPACT
The proposed project will have a positive impact in terms of increased property tax. The current
assessed value of the project site is approximately $3.8 million. With the new construction, it is
would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of
estimated that the assessed value will increase to approximately $20,825,000. The increase in value
approximately $170,250 per year. The retail component of the project will also generate additional
sales tax revenues to the City. Finally, it is anticipated that the project will serve as a catalyst for
other improvements in the area, either new development or rehabilitation of existing buildings,
through the elimination of a blighting influence (vacant, underutilized property) within the area.
EXHIBITS:
1. Housina & RedeveloDment Commission Resolution No.356 apProving RP01-06/CDP01-
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2. Design Review Board Resolutions No. 285, 286, 287, and 288 dated June 24, 2002
3. Design Review Board Staff Report dated June 24, 2002, w/attachments
4. Draft Design Review Board Minutes, dated June 24, 2002
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 356
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RPOI-06,
COASTAL DEVELOPMENT PERMIT NO. CDPO1-16, AND TENTATIVE
TRACT MAP NO. CTO1-IO, FOR A MIXED-USE DEVELOPMENT
AND 8,662 SQ. FT. OF RETAIL SHOPS ON PROPERTY LOCATED
BETWEEN CARLSBAD BLVD., WASHINGTON ST., CHRISTIANSEN
WAY, AND BEECH AVE. IN LAND USE DISTRICT 1 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
APPLICANT: ANASTASI DEVELOPMENT COMPANY
CASE NO: RP OI-06KDP 01-16/CT01-10
PROJECT CONSISTING OF SIXTY-FIVE (65) CONDOMINIUM UNITS
WHEREAS, on June 24, 2002, the City of Carlsbad Design Review Board held a duly noticed
public hearing to consider a Major Redevelopment Permit (RP 01-06), Coastal Development Permit
(CDP 01-16), and Tentative Tract Map (CT 01-10) for a mixed-use development project consisting of
sixty-five (65) condominium units and 8,662 square feet of retail shops on property located between
Carlsbad Blvd., Washington St., Christiansen Way, and Beech Ave., and adopted Design Review
Board Resolutions No. 285, 286, 287, and 288 recommending to the Housing and Redevelopment
Commission that Major Redevelopment Permit (RP 01-06), Coastal Development Permit (CDP 01-16),
and Tentative Tract Map (CT 0 1 - 10) be approved; and
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date
of this resolution held a duly noticed public hearing to consider the recommendation and heard all
persons interested in or opposed to Major Redevelopment Permit (RP 01-06), Coastal Development
Permit (CDP 01-16), and Tentative Tract Map (CT 01-10); and
WHEREAS, the recommended approval includes findings establishing the High Residential
(RH) density range of 15-23 dwelling units per acre for the subject property; and
WHEREAS, the recommended approval includes findings granting a density bonus of no more
than 25% over the Growth Management Control Point in exchange for 20% of the total units being
restricted and affordable to low income households; and
WHEREAS, the recommended approval includes findings granting modifications to the
HRC RES0 NO. 356
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planned development standards as an additional economic incentive (permitted under the density
bonus regulations) to make the provision of affordable units feasible; and
WHEREAS, as a result of an environmental review of the subject project conducted pursuant
to the Guidelines for Implementation of the California Environmental Quality Act and the
Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued for the
subject project by the Planning Department on June 5,2002 and recommended for approval by Design
Review Board Resolution No. 285 on June 24,2002.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That Major Redevelopment Permit (RP 01-06), Coastal Development Permit (CDP
01-16), and Tentative Tract Map (CT 01-10) are APPROVED and that the findings and
conditions of the Design Review Board contained in Resolutions No. 285, 286, 287, and 288,
on file in the City Clerk's Office and incorporated herein by reference, are the findings and
conditions of the Housing and Redevelopment Commission with the added condition that
the street facing walls of Buildings 1 and 10 shall include additional articulations or other
architectural features to enhance their aesthetic appeal to the satisfaction of the Housing and
Redevelopment Director.
3. That the Housing and Redevelopment Commission of the City of Carlsbad has
reviewed, analyzed and considered the Negative Declaration (RI'01-06/CDPO1-16/CTOl-10),
the environmental impacts therein identified for this project and any comments thereon. The
Housing and Redevelopment Commission finds there is no substantial evidence that the
project will have a significant effect on the environment and hereby approves the Negative
Declaration. The Housing and Redevelopment Commission finds that the Negative
Declaration (RP01-06/CDP01-16/CT01-10) reflects the independent judgment of the Housing
and Redevelopment Commission of the City of Carlsbad.
HRC RES0 NO. 356
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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:
“The time within which judicial review of this decision must be sought, or other exactions hereafter
collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day
following the date on which this decision becomes final; however, if within ten days after the decision
becomes final a request for the record of the proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not later than the thirtieth day following the date on which
the record is either personally delivered or mailed to the party, or hidher attorney of record, if he/she
has one. A written request for the preparation of the record of the proceedings shall be filed with the
City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008.”
PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the 6Ih day of August, 2002 by
the following vote to wit:
ATTEST:
7dL
RAYMOND R. PATCHETT, SECRETARY
HRC RES0 NO. 356
PAGE 3
Exhibit 2
DRB Resolutions
No. 285,286,287, and
288
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DESIGN REVIEW BOARD RESOLUTION NO. 285
A RESOLUTION OT THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
NEGATIVE DECLARATION FOR MAJOR REDEVELOPMENT PERMIT
NUMBER RP 01-06, COASTAL DEVELOPMENT PERMIT NUMBER
CDP 01-16, AND TENTATIVE TRACT MAP NUMBER CT 01-10 FOR A
MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE
(65) CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
CASE NO.: RP Ol-O6/CDP 01-16lCT 01-10
WHEREAS, the Design Review Board did on the 24Ih day of June 2002, 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, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Design Review Board considered all factors
relating to the Negative Declaration.
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
according to Exhibit “ND dated June 5, 2002, and “PII” dated May 7, 2002
Board hereby RECOMMENDS APPROVAL of the Negative Declaration
attached hereto and made a part hereof, based on the following findings:
Findings:
1. The Design Review Board of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Negative Declaration for Village
By The Sea (RP Ol-OG/CDP 01-16/CT 01-10) the environmental impacts therein
APPROVAL of the project: and
identified for this project and any comments thereon prior to RECOMMENDING
b. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
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c. it reflects the independent judgment of the Design Review Board of the City of
Carlsbad; and
d. based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of the City of Carlsbad, California, held on the 24" day of June, 2002,
by the following vote, to wit:
AYES: Heineman, Baker, Paulsen
NOES: None
ABSENT: Lawson
ABSTAIN: Marquez
CARLSBAD DESIGN REVIEW BOARD .~~
ATTEST:
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DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 285 -2-
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DESIGN REVIEW BOARD RESOLUTION NO. 286
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 01-06 FOR A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE (65)
CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
APN: 203-1 72-06,07, 08, 11, 12, 16,21 & 23
CASE NO: RP 01 -06
WHEREAS, Anastasi Development Company, LLC, a California Limited Liability
Company, “Developer“, has filed a verified application with the Housing and Redevelopment
Agency of the City of Carlsbad regarding property it owns, and known as Assessor Parcel
Numbers 203-172-06, 07, 08, 11, 12, 16,21 & 23 and more thoroughly described in Attachment
A, (“the property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, to
allow a mixed-use sixty-five (65) unit condominium project and 8,662 sq. ft. of retail
shops, as shown on Exhibits “A-Y”, dated June 24, 2002, on file in the Housing and
Redevelopment Department, “Village By The Sea RP Ol-OGKDP 01-16KT 01-10”, as
provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 241h day of June, 2002, 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
“Village by the Sea RP 01-06”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Village by the Sea RP 01-06, based on the
following findings and subject to the following conditions:
GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for establishment of the RH density designation for the
Village Area Redevelopment Plan, and the Carlsbad Village Master Plan and Design
project, is in conformance with the Elements of the City’s General Plan, the Carlsbad
Manual based on the facts set forth in the staff reports dated June 24, 2002 including,
but not limited to the following:
a. The proposed project is consistent with the goals and objectives for the
Village, as outlined within the General Plan, because it provides for a multi-
family residential use and retail use in an appropriate location within the
Village. This in turn serves to enhance and maintain the area as a
residential neighborhood and encourages greater residential support
opportunities in the Village. By providing more residential opportunities,
the project helps to create a lively, interesting social environment by
encouraging more of a 24-hour life in the Village, which provides the
necessary customer base to attract complementary commercial uses. The
project design serves to reinforce the pedestrian-orientation desired for
the downtown area by providing much needed street improvements along
Carlsbad Boulevard, Washington Street, Christiansen Way and Beech
Avenue. Furthermore, the proposed buildings have a strong street
presence with extensive outdoor decks looking out over the adjacent
streets and fully enclosed parking.
b. The project is consistent with the Village Redevelopment Plan in that: 1) it
establishes the Village as a quality shopping, working, and living
environment by providing for a multi-family for-sale product which serves
to increase the type of housing options available to people seeking to
reside in the downtown area, 2) it improves the pedestrian and vehicular
circulation in the Village Area by providing for additional enhanced
sidewalks along all sides of the property, 3) it stimulates property
improvements and new development in the Village through the
development of a highly visible site which may serve as a catalyst for
future redevelopment in the area, 4) it improves the physical appearance of
the Village Area by replacing a currently underdeveloped site with an
aesthetically pleasing set of buildings, landscaping, and other site
improvements, and 5) the project provides additional retail space for the
Village area.
c. The project as designed is consistent with the land use plan, development
standards for Land Use District 1, design guidelines, and other applicable
regulations set forth in the Village Master Plan and Design Manual.
d. The existing streets can accommodate the estimated ADTs and all required
DRB RES0 NO. 286 -2- 1D
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e.
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public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
constructed to serve the proposed project. The project has been
conditioned to develop and implement a program of “best management
practices” for the elimination and reduction of pollutants which enter into
and/or are transported within storm drainage facilities.
The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is being developed on a series of
eight vacant lots which have appropriate zoning for a mixed-use project
consisting of multi-family residential and retail along Carlsbad Boulevard.
The project is also consistent with the Open Space requirements for new
development within the Village Redevelopment Area and the City’s
Landscape Manual.
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 is consistent with the Housing Element of the
General Plan, the City’s lnclusionary Housing Ordinance, and the
Redevelopment Agency’s lnclusionary Housing Requirement, as the
Developer has been conditioned to enter into an Affordable Housing
Agreement to provide and deed restrict eleven (11) dwelling units as
affordable to low income households.
The proposed project meets all of the minimum development standards set
forth in Carlsbad Municipal Code Section 21.45.090 with the exception of
the three standards modifications outlined in the report to the Design
Review Board dated June 24, 2002 as permitted by Carlsbad Municipal
Code Section 21.53.120(c) in lieu of City financial assistance for the
provision of eleven affordable housing units. In addition, the proposed
project meets all of the design criteria set forth in Section 21.45.080 and
has been designed in accordance with the concepts contained in the
Design Guidelines Manual, in that the overall plan for the project is
comprehensive and incorporates a series of buildings that take advantage
of the unique topographical constraints and unusual lot lay-out of the site.
The buildings, landscaping, and on-site amenities all conform to the
Village Redevelopment Master Plan and Design Manual which serves as
the adopted land use plan for the area. The overall plan for the project
provides for adequate usable open space, circulation, off-street parking,
recreational facilities and other pertinent amenities. The parking is well
integrated into the project and oriented to the topographic features of the
site. The project is compatible with surrounding land uses and will not
negatively impact circulation patterns in the area. Common areas and
recreational facilities are located so that they are readily accessible to the
occupants of the dwelling units. The overall architecture is compatible
DRB RES0 NO. 286 -3- I\
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2.
3.
with the surrounding area and consistent with the Village character as set
forth in the Village Design Manual.
The Design Review Board hereby finds that the appropriate residential density for the
project is RH (15-23 dwelling units per acre), which has a Growth Management Control
Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan
density designation is as follows:
a. The proposed project is located immediately across Washington Street
from the Village Transit Station. In addition, the density is compatible with
the surrounding area which contains a variety of uses such as residential,
commercial office, retail, a residential care facility, and a private school
with on-site residents. Residential uses in the area range from single
family residential to multi-family residential. Application of the RH General
Plan designation on the subject property allows for the construction of a
project that is compatible with the mixture of surrounding uses in terms of
size, scale, and overall density.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village. The higher
density designation makes it financially feasible to construct for-sale multi-
family units in today’s economy. The Village Redevelopment Area has an
abundance of residential rental units and it is the goal of the City to
provide additional attached ownership units.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
Station). Higher residential densities in close proximity to mixed-use areas
with easy access to mass transportation promote greater job/housing
balance and help solve regional issues such as reduced traffic congestion
and improved air quality.
The project is consistent with the City’s Landscape Manual.
GROWTH MANAGEMENT FINDINGS:
4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
with need. Specifically,
related to the project will be installed to serve new development prior to or concurrent
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
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5.
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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. All necessary public improvements have been provided or are required as
conditions of approval.
C. The project has been conditioned to provide proof from the Carlsbad Unifiec
School District that the project has satisfied its obligation for school facilities.
d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
The project will provide sufficient additional public facilities for the density in excess of
the control point to ensure that the adequacy of the City’s public facility plans will not be
adversely impacted, in that all necessary public improvements to accommodate the
proposed development have been provided or are required as conditions of
project approval.
There have been sufficient developments approved in the quadrant at densities below
the control point to offset 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 the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that all
required public facilities necessary to accommodate the proposed development
have been provided or are required as conditions of project approval.
HOUSING & REDEVELOPMENT CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
General
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the CitylAgency 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 City’dAgency’s approval of this Major Redevelopment Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Major Redevelopment Permit documents, as
DRB RES0 NO. 286 -5-
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necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval, shall require an amendment to
this approval.
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 condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the Housing and Redevelopment Commission determines that the
project without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and
all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s
approval and issuance of this Major Redevelopment Permit, (b) Agency’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have
been concluded and continues even if the Agency’s approval is not validated.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36, mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of Coastal Development Permit No.
CDP 01-16 and is subject to all conditions contained in Design Review Board
Resolution No. 287 for this other approval and incorporated by reference herein.
This approval is granted subject to the approval of Tentative Tract Map No. CT 01-10
and is subject to all conditions contained in Design Review Board Resolution No. 288
for this other approval and incorporated by reference herein.
water and sewer services to the project provides written certification to the City that
Building permits will not be issued for this project unless the local agency providing
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
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facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Housing
12. Prior to the approval of the final map for this project, the Developer shall enter into an
Affordable Housing Agreement with the CitylAgency to provide and deed restrict 11
dwelling units as affordable to low-income households for the useful life of the dwelling
units, in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
to the Housing and Redevelopment Director no later than 60 days prior to the request
to final the map. The recorded Affordable Housing Agreement shall be binding on all
future owners and successors in interest.
13. The Developer shall construct the required inclusionary units concurrent with the
project’s market rate units, unless both the final decision making authority of the
City/Agency and the Developer agree within an Affordable Housing Agreement to an
alternate schedule for development.
Landscape
14. The Developer shall submit and obtain Housing and Redevelopment Director
approval of a Final Landscape and Irrigation Plan showing conformance with the
approved Preliminary Landscape Plan and the City’s Landscape Manual. The
Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds,
trash, and debris.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by
the project‘s building, improvement, and grading plans.
Miscellaneous
16. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance
of a building permit the Developer shall provide the Housing & Redevelopment
Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
City within 30 days for the official record.
right to disapprove. A copy of the final approved amendment shall be transmitted to
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This project is being approved as a condominium permit for residential homeownership
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
purposes. If any of the units in the project are rented, the minimum time increment for
requirement.
The Condominium Plan submitted to the Department of Real Estate for approval
shall define the “units” owned exactly as approved by the Major Redevelopment
Permit.
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid,
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
this approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
Notice
22. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad’s Redevelopment Agency has issued
a Negative Declaration, Major Redevelopment Permit, Coastal Development
Permit, and Tentative Tract Map by Housing and Redevelopment Commission
Resolution(s) No. 285, 286, 287, and 288 on the property. 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 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.
Onsite Conditions - Specific
23. The Developer shall construct trash receptacle and recycling areas as shown on the
site plan (Exhibit “6”) with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing and Redevelopment Director. Enclosure shall be of similar colors and/or
materials to the project to the satisfaction of the Housing and Redevelopment
Director.
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No outdoor storage of material shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 130 resident parking spaces,
19 guest parking spaces, and 29 retail parking spaces, as shown on Exhibit “B.
The developer shall design and install noise barriers on the balconies of
structures as recommended in the noise study prepared by Mestre Greve
Associates, dated May 11, 2001, in order to satisfy noise level requirements.
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
General
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within this project, Developer shall apply for and obtain approval from the City Engineer
Prior to hauling dirt or construction materials to or from any proposed construction site
for the proposed haul route.
the City’s anti-graffiti program for wall treatments if and when such a program is formally
Prior to issuance of any building permit, Developer shall comply with the requirements of
established by the City.
Developer shall submit to the City Engineer, a reproducible 24 x 36, mylar copy of the
tentative map and a digital copy of said map using NAD 83’ reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
City engineer, reviewed and, if acceptable, signed by the City’s project engineer and
project planner prior to submittal of the building plans, final map, improvement or
grading plans, whichever occurs first. The digital file copy shall be submitted in a
format as approved by the City Engineer.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
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FeedAqreements
6. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
7. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
8. Prior to the issuance of a grading permit or building permit, whichever occurs first,
of work has been submitted to the State Water Resources Control Board.
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
9. Upon completion of grading, Developer shall file an "as-graded'' geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based
on a contour map which represents both the pre and post site grading. The plan shall
be signed by both the soils engineer and the engineering geologist, and shall be
submitted on a 24" x 36 mylar or similar drafting film format suitable for a permanent
record.
10. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for
and obtain a grading permit from the City Engineer prior to issuance of a building permit
for the project.
Coastal Conditions
11. If a Grading Permit is re uired, all grading activities shall be planned in units that can be
completed by October 1'. Grading activities shall be limited to the "dry season", April 1'
to October 1'' of each year. Grading activities may be extended to November 15Ih upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1".
Dedicationsfimprovements
12. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the final map and/or separate
recorded document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
13. Developer shall provide the design of all private streets and drainage systems to the
conform to City of Carlsbad Standards based on R-value tests. All private streets and
satisfaction of the City Engineer. The structural section of all private streets shall
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
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Developer shall execute and record a City standard Subdivision Improvemeni
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the tentative map and the following improvements including,
but not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants and street
lights to City Standards to the satisfaction of the City Engineer.
A. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Carlsbad Boulevard.
B. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Christiansen Way to provide angled parking with appropriate
transitions to the satisfaction of the City Engineer.
C. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Beech Avenue.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Carlsbad Boulevard shall be dedicated by Owner along the project frontage based on
a center line to right-of-way width of 54 feet and in conformance with City of Carlsbad
Standards.
Christiansen Way shall be dedicated by Owner along the project frontage based on a
center line to right-of-way width of 40 feet and in conformance with City of Carlsbad
Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the subdivision boundary.
The developer shall have the entire drainage system designed, submitted to and
approved by the City Engineer, to ensure that runoff resulting from IO-year frequency
storms of 6 hours and 24 hours duration under developed conditions, are equal to or
less than the runoff from a storm of the same frequency and duration under existing
developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired results.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Management Plan
(SWMP)”. The SWMP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWMP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter
said pollutants.
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3) Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on
the proper procedures for handling clean up and disposal of pollutants.
4) Ensure long-term maintenance of all post construction BMPs in perpetuity.
SDecial Enaineerinq Conditions
20. The Average Daily Trips (ADT) and floor area contained in the staff report anc
shown on the tentative map are for planning purposes only. Developer shall pa)
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 oi
the City of Carlsbad Municipal Code, respectively.
MUNICIPAL WATER DISTRICT CONDITIONS
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Prior to approval of improvement plans or final map, Developer shall meet with the Fire
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way 01
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required fol
adequate maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Watel
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall design and construct public water, sewer, and facilities substantially
as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed
public facilities shall be reflected on public improvement plans. The existing sewer in
Washington Street is lined, and a special design is required for the proposed
project connection.
The Developer shall provide separate potable water meters for each separately owned
unit.
potable water, and sewer system shall be evaluated in detail to ensure that adequate
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
capacity, pressure, and flow demands can be met to the satisfaction of the Districi
Engineer.
BUILDING DEPARTMENT CONDITIONS
The following conditions shall apply to the storage units contained in Building 1 as part of a
common parking garage:
1. The walls separating the U-occupancies (storage closets) from the parking garage shall
be masonry construction. All cells shall be fully grouted.
2. Entry doors to the storage closets shall be metal frame, metal-door, listed 1% hour
assemblies that have an integral window for viewing inside the storage closets.
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The entry doors to the closets shall be master keyed so that the HOA has access to
these areas for routine inspections. There shall be no electrical outlets within the
storage closets. There may be general lighting within the closet installed in conformance
with the National Electric Code.
Signage shall be installed at each closet door noting that storage of flammable liquids or
gasses is prohibited.
Fire extinguishers shall be installed at a minimum 100 feet travel distance throughout
the parking garage and storage closet areas.
Automatic fire protection in storage units shall be upgraded to quick response heads
and the fire sprinkler head for each closet shall be separated from the storage closet
with a chain link ceiling assembly which will prohibit storage above the ceiling level and
allow full operation of the sprinkler head and access to the light fixture for maintenance.
The storage closets shall be owned by and managed by the HOA. The HOA shall have
the responsibility and duty to ensure that all closets uses are limited to storage of
ordinary household goods, which are consistent with the operation of a dwelling unit.
There shall be no storage of flammable liquids or gases of any type in any type of
container.
There shall be gravity ventilation to the exterior from each individual storage closet.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
1. The Developer shall pay a landscape plan check and inspection fee as required by
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Section 20.08.050 of the Carlsbad Municipal Code.
2. Developer shall exercise special care during the construction phase of this project to
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
prevent offsite siltation. Planting and erosion control shall be provided in accordance
of the City Engineer.
General
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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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Any signs proposed for this development shall at a minimum be designed in
conformance with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and
approval of the Housing and Redevelopment Director prior to installation of such
signs.
This approval shall expire twenty-four (24) months from the date this major
redevelopment permit approval becomes final.
This approval is granted subject to the approval of CDP 01-16 and CT 01-10 and is
subject to all conditions contained in Design Review Board Resolutions No. 287 and
288 for those other approvals incorporated by reference herein.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
“feedexactions.”
reservations, or other exactions hereafter collectively referred to for convenience as
You have 90 days from the date of final approval to protest imposition of these feedexactions.
Section 66020(a), and file the protest and any other required information with the City Manager
If you protest them, you must follow the protest procedure set forth in Government Code
for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 24‘h day of June, 2002 by the following
vote to wit:
AYES: Heineman, Baker, Paulsen
NOES: None
ABSENT: Lawson
ABSTAIN: Marquez
DESIGN REVIEW BOARD
HOUSING AND REDEVELOPMENT DIRECTOR
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DESIGN REVIEW BOARD RESOLUTION NO. 287
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
COASTAL DEVELOPMENT PERMIT CDP 01-16 FOR A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE (65)
CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
APN:
CASE NO.: 203-1 72-06, 07, 08, 11, 12, 16, 21 & 23
CDP 01 -1 6
WHEREAS, Anastasi Development Company, LLC, “Developer”, has filed E
verified application with the Redevelopment Agency of the City of Carlsbad regarding property i
owns and known as Assessor Parcel Numbers 203-172-06, 07, 08, 11, 12, 16,21 & 23, anc
more thoroughly described in Attachment A, (“the Property”); and
WHEREAS, said verified application constitutes a request for a Coasta
Development Permit as shown on Exhibits “A-Y” dated June 24, 2002, on file in the Housing
and Redevelopment Department, “Village By The Sea RP 01-06/CDP 01-16/CT 01-10’’ as
provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24Ih day of June 2002, 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 all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of Village By The Sea CDP 01-16 based on the
following findings and subject to the following conditions:
Findinas:
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1. That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan an(
Design Manual, which serve as the Certified Local Coastal Program for the City o
Carlsbad Segment of the California Coastal Zone and all applicable policies in tha
the development does not obstruct views or otherwise damage the visual beaut!
of the coastal zone, and no agricultural activities, sensitive resources, geologica
instability exist on the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter;
of the Coastal Act in that the development will not alter physical or visual access tc
the shore.
3. The project is consistent with the provisions of the Coastal Resource Protectior
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
exist within the proposed construction area, all grading will conform to the City’s
erosion control standards, and the site is not prone to landslides or susceptiblt
to accelerated erosion, floods, or liquefaction.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
1.
2.
3.
4.
5.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be sc
implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
of all future building permits; deny, revoke or further condition all certificates oi
occupancy issued under the authority of approvals herein granted; institute anc
prosecute litigation to compel their compliance with said conditions or seek damages fol
their violation. No vested rights are gained by Developer or a successor in interest by
the City’dAgency’s approval of this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval, shall require an amendment to
this approval.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36, mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
This approval is granted subject to the approval of RP 01-06 and CT 01-10 and is
subject to all conditions contained in Design Review Board Resolutions No. 286 and
288 for those other approvals and incorporated by reference herein.
The applicant shall apply for and be issued building permits for this project within twenty-
four (4) months of approval or this coastal development permit will expire unless
extended per Section 21.81 .I 60 of the Carlsbad MuniciDal Code.
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6. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
7. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1“. Grading activities shall be limited to the “dry season”, April 1“
to October 1‘ of each year. Grading activities may be extended to November 15m upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 “.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
“feedexactions.”
reservations, or other exactions hereafter collectively referred to for convenience as
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 241h day of June, 2002, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
n ATTEST:
Heineman, Baker, Paulsen
None
Lawson
Marquez
DESIGN REVIEW BOARD
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 287 -3- ab
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DESIGN REVIEW BOARD RESOLUTION NO. 288
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
CARLSBAD TRACT NUMBER CT 01-10 TO SUBDIVIDE 2.83 ACRES
INTO SIXTY-FIVE (65) CONDOMINIUM UNITS AND 8,662 SQ. FT. OF
RETAIL SHOPS ON PROPERTY LOCATED BETWEEN CARLSBAD
BLVD., WASHINGTON ST., CHRISTIANSEN WAY, AND BEECH AVE.
IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES ZONE I.
CASE NAME: VILLAGE BY THE SEA
CASE NO.: CT01-10
WHEREAS, Anastasi Development Company, LLC, “Developer”, has filed a
verified application with the Housing and Redevelopment Agency of the City of Carlsbad
regarding property it owns, known as Assessor Parcel Numbers 203-172-06, 07, 08, 11, 12,
16,21 & 23 and more thoroughly described in Attachment A (“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “C-F” dated June 24, 2002, on file in the Housing and
Redevelopment Department as “Village By The Sea RP Ol-OG/CDP 01-16/CT 01-10”, as
provided by Chapter 20.12.015 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24Ih day of June, 2002, 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 Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad 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 Village By The Sea CT 01-10, based on
the following findings and subject to the following conditions:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, the a7
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Village Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan
and Design Manual, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are located within Land Use District 1 of the Village
Redevelopment Area and the intent of the Village Master Plan is to provide for a
gradual transition in this district to a mix of higher quality commercial and
residential uses.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed, in that the development is consistent with the RH density
designation which has been assigned to the property based on the following
findings:
a. The density is compatible with the surrounding area which contains a
variety of uses such as residential, commercial office, retail, a residential
care facility, and a private school with on-site residents. Residential uses
in the area range from single family residential to multi-family residential.
The RH General Plan density designation allows for the construction of a
project that is compatible with the mixture of surrounding uses in terms of
size, scale, and overall density cale.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
Station).
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the property has frontage on Carlsbad Boulevard, Washington Street, Beech
Avenue and Christiansen Way and there are no easements granting access
through the property to others.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the Subdivision.
That the Design Review Board has considered, in connection with the housing
proposed by this subdivision, the housing needs of the region, and balanced those
housing needs against the public service needs of the City and available fiscal and
environmental resources.
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That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that a Negative Declaration has been prepared in accordance with the
requirements of the California Environmental Quality Act, the State Guidelines
and the Environmental Protection Procedures of the City of Carlsbad. 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.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit.
The Design Review Board finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, the Village Redevelopment
Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated June 24, 2002 including, but not limited to the following: the
project will provide for a permitted mixed-use development (multi-family
residential and retail commercial) in an appropriate location within Land Use
District 1 of the Village Redevelopment Area.
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 or otherwise satisfied to ensure the
availability of school facilities in the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are required as
conditions of approval.
e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
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
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
requirements established by a Local Facilities Management Plan prepared pursuant to
public facilities and will mitigate any cumulative impacts created by the project.
DRB RES0 NO. 288 -3-
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13. This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 1.
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map or the issuance of building permits, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be SO
implemented and maintained according to their terms, the Redevelopment Agency/City
shall have the right to revoke or modify all approvals herein granted; deny or further
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 City's approval of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Tentative Tract Map documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
approval.
3. The Developer shall submit to the Agency a reproducible 24" x 36, mylar copy of the
(Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body.
4. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Final Map Notes
5. Developer shall show on Final Map the net developable acres for each parcel.
6. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
2. Water mains and fire hydrants
1. Sewer mains
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad from
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any action that may arise through any geological failure, ground water
seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or
maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Standard Code Reminders
1. This approval shall expire twenty-four (24) months from the date this tentative map
approval becomes final unless extended per Section 20.12.100 of the Carlsbad
Municipal Code.
2. This approval is granted subject to the approval of RP 01-06 and CDP 01-16 and is
subject to all conditions contained in Design Review Board Resolutions No. 286 and
287 for those other approvals and incorporated by reference herein. ...
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PI ea
NOTICE
Ise take NOTICE that approval of your project includes the “imposition” of fees, dedications,
“feedexactions.”
reservations, or other exactions hereafter collectively referred to for convenience as
You have 90 days from [insert date of approval] to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 24Ih day of June, 2002 by the following
vote to wit:
AYES: Heineman, Baker, Paulsen
NOES: None
ABSENT: Lawson
ABSTAIN: Marquez
1 DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 288 -6- 3a
Exhibit 3
DRB Staff Report
dated
June 24,2002
33
Exhibit 3
DRB Staff Report
dated
June 24,2002
A REPORT TO THE
DESIGN REVIEW BOARD 6%)
ADDliCATiON COMDIETE DATC STAff: LORI RosENsrEiN
08/25/01 MikE GRiM
ENViRoNMENTAl RWiW CIEN VAN PEski
NECiAliVE DEChRATiON
JUNE 5,2002
DATE: June 24,2002
SUBJECT: RP 01-06/CDP 01-16/CT 01-10 - "VILLAGE BY THE SEA: Request for a Major
Redevelopment Permit, Coastal Development Permit, and Tentative Tract Map
to allow the construction of a mixed-use sixty-five (65) unit condominium project
and 8,662 sq. ft. of retail shops, on an accumulation of eight existing parcels
located between Carlsbad Blvd. and Washington St.; and Christiansen Way and
Beech Ave., in Land Use District 1 of the Carlsbad Village Redevelopment Area.
ITEM NO. 1
1. RECOMMENDATION
That the Design Review Board ADOPT Design Review Board Resolution No. 285
recommending APPROVAL'of a Negative Declaration, and ADOPT Design Review Board
Resolution No. 286 recommending APPROVAL of RP 01-06, and ADOPT Design Review
Board Resolution No. 287 recommending APPROVAL of CDP 01-16, and ADOPT Design
Review Board Resolution No. 288 recommending APPROVAL of CT 01-10 to the Housing and
Redevelopment Commission based on the findings and subject to the conditions contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Anastasi Development Co. has requested a major redevelopment permit, coastal
development permit and tentative tract map to allow the construction of a residential project
(mixed use along the Carlsbad Blvd. frontage), consisting of sixty-five (65) condominium units
and 8,662 sq. ft. of retail space. The subject property is bordered by Carlsbad Blvd. to the
west, Washington St. to the east, Christiansen Way to the south, and Beech Ave. to the north.
The 2.83 acre property is an accumulation of eight (8) existing lots, resulting in an irregular,
semi-rectangular shape. A majority of the existing property is presently vacant with a few
residential units located along Christiansen Way and Washington St. The existing structures
on-site include two single-family residences, a duplex, and a four-unit apartment building. All of
the existing buildings are in various stages of demolition. Existing adjacent lots along Beech
Ave. to the north include two single-family residences and a triplex. On the adjacent corner of
and Carlsbad Paddle Sports Kayak Rentals).
Carlsbad Boulevard and Christiansen Way are two existing retail shops (Salty Sister Surfwear
The subject property is bordered by a mixture of different uses. Across Washington St. to the
east is the Carlsbad Village Transit Station. Across Carlsbad Blvd. to the west are Magee Park,
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ANASTASI VILLAGE BY THE SEA - RP 01-06KDP 01-16KT 01-10
JUNE 24,2002
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St. Michael's Church. a few office buildinas. and Carlsbad by the Sea Lutheran Home. On the
north side of Beech.Ave. is the Army &-Navy Academy football field and the State Parks &
Recreation Office. On the south side of property across Christiansen Way are Carlsbad
Mineral Springs and Spa, a single-family residence, and a vacant lot.
The proposed project involves four different types of buildings. Building I is located along the
frontage of Washington St. and consists of two levels of residential units over a fully-enclosed
parking garage (3 stories total). Building 1 will house eleven (1 1) affordable condominium flats,
eight (8) townhome market rate condominium units, and one market rate flat. Four (4) buildings
located in the central portion of the project (Buildings No. 2-5) house five (5) townhome units
each, situated over individual tuck-under parking garages. Four (4) more buildings (Buildings No. 6-9) house four (4) townhome units each, also over individual tuck-under parking garages.
Buildings 2-9 all appear as three story structures on the garage-entry side, but due to the
type (Building 10) consists of ten (IO) two-story townhome units over individual enclosed 2-car
proposed split grades, as two story structures on the exterior (front) side. The final building
garages and a line of retail shops along Carlsbad Blvd. (3 stories total).
The architectural style proposed for the project is light-colored stucco finish with wood facia and
trim, accented with wood shutters and cultured stone base. Roof materials are flat concrete
roof tile over numerous roof planes. Building 1 contains 45 enclosed parking spaces (2 per unit
resident spaces, plus 7 guest spaces) on the first floor parking garage with 19 storage units
(one for each unit within the building). Buildings 2, 3, 8 and 9 are located on the central portion
of the property and possess an individual 2-car garage, plus storage, for each of the units in the
building. Vehicular access to these units is via a private driveway with entrances off
Washington St. and Beech Ave. Guest parking for these buildings is proposed as parallel
spaces along the adjacent private driveway. Buildings 4-7 are also located in the central portion
of the property and are separated from Buildings 2, 3, 8 and 9 by an access driveway and
central, common recreation area. These units are also designed with individual 2-car private
garages, plus storage area. Sufficient guest parking is provided on the private driveway to
accommodate these units. Each unit in Buildings 2-9 includes a private patio (2nd story) and
balcony (S story). Building 10 is proposed as mixed-use, located along the Carlsbad Blvd.
frontage, and includes a private 2-car garage (accessed from the driveway at the rear of the
building), plus storage, on the first floor for each of the ten units.
The project is a mixed-use development. Retail shops totaling 8,662 sq. ft. in floor area are
proposed on the front (Carlsbad Blvd. side) of the first floor of Building IO. Required parking for
the retail component of Building 10 is located behind the building with vehicular access off
Beech Ave. Additional public parking for the retail shops will be provided as parallel parking
long Carlsbad Blvd. as part of the installation of public improvements.
The property naturally slopes down from west to east. As a result, the ground floor and finish
floor of the units within the east-west oriented buildings (Buildings 2-9) are stepped down to
follow the topography of the site. The project also includes extensive landscaping within and
around the project, and decorative walls and retaining walls as required. Three centralized
outdoor active recreation areas, including spa, putting green and lawn bowling area are
card room, and craft room. Enhanced paving is proposed at all four entries off the public
provided. Indoor common recreation is also proposed in Building 1 that includes a gymnasium,
trash bins are distributed at convenient locations adjacent to the driveways throughout the site.
streets and at important visual locations internally along the drives. Four locations for enclosed
The project contains a variety of units. Building 1 contains 2, 3, and 4-bedroom units ranging
ANASTASI VILLAGE BY THE SEA - RP 01-06KDP 01-16KT 01-10
JUNE 24,2002
PAGE 3
from 871 sq. ft. to 1,768 sq. ft. in floor area. Buildings 2-9 contain 3-bedroom units measuring
1,623 sq. ft. each. Building 10 contains 3-bedroom units measuring 2,384 sq. ft. in floor area.
Each unit within the project is equipped with a private deck.
111. VILLAGE MASTER PLAN AND DESIGN MANUAL LOCAL COASTAL PLAN AND
REDEVELOPMENT PLAN CONSISTENCY
The proposed project site is located on the perimeter of Land Use District 1, adjacent to Land
Use District 9. As set forth in the Village Master Plan and Design Manual, multi-family dwellings
are a provisionally-permitted use within Land Use District 1. Provisionally-permitted uses are
defined as those uses which are allowed provided that they address certain identified
considerations and location and development criteria, established in the Village Master Plan
and Design Manual. In order for such uses to receive an approved Redevelopment Permit, the
project must be determined to be consistent with identified findings. In addition, it is required by
the Village Master Plan that the ground floor of mixed-use projects (proposed Building 10) must
be devoted to commercial uses.
The site is located within the Coastal Zone. Therefore, consistency with the Village Local
Coastal Program is also applicable to this project. A coastal development permit is being
processed concurrently with the redevelopment permit.
IV. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION, GOALS AND
OBJECTIVES
The proposed project will satisfy the following objectives as outlined within the Village Master
Plan and Design Manual:
Goal 1: Establish Carlsbad Villaae as a Qualitv Shoppins. Workina and Livina Environment.
The subiect DroDertv is situated between Carlsbad Blvd.. Washinaton St.. Christiansen Wav
and Beech Abe. 'on {he edge of Land Use District 1. The western phon ofthe site is adjaceit
to highly-traveled Carlsbad Blvd. and the eastern section is across Washington St. from the
Village Transit Station. The eastern section of the site is currently occupied by a four-unit
apartment building, a duplex, and two single-family homes. The western section of the property
is vacant. The proposed project will result in the development of an underutilized lot, including
retail uses along the Carlsbad Blvd. corridor and multi-family residential ownership units on the
balance of the site, within clear walking distance to the Village Transit Station. The attractive
architectural design, extensive landscaping and site improvements will serve to enhance the
site and the surrounding area. The multi-family residential aspect of the project also serves to
increase the number, quality and diversity of housing units within the Village, particularly those
in proximity to transit, shopping and employment facilities. The proposed condominium project
will serve to increase the number, quality, diversity and affordability of housing options available
to people seeking to reside in the downtown area. The proposed retail shops will serve
residents, attract tourist-serving uses, and provide retail continuity along Carlsbad Blvd.
Goal 2: lmprove the Pedestrian and Vehicular Circulation in the Villaoe Area. The proposed
project site is within convenient walking distance to the Transit Station, the beach and Village
commercial uses. Therefore, it will encourage pedestrian activity by its residents and is transit-
oriented. The project will provide for the replacement and extension of curb, gutter and
sidewalk along large sections of all four of the public streets fronting the property. Along
Christiansen Way, twenty (20) new diagonal public parking spaces (not counted as required
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JUNE 24,2002
PAGE 4
project spaces) will be provided through the dedication and widening of this frontage to the
project. Additionally, twelve (12) public parallel parking spaces will be provided along the
Carlsbad Blvd. frontage (also not counted as project spaces). All of these improvements will
serve to enhance the pedestrian and vehicular circulation adjacent to the project.
Goal 3: Stimulate ProDertv lmprovements and New Development in the Villaoe. The Village
Master Plan and Design Manual was developed in an effort to stimulate new development
and/or improvements to existing buildings in the Village. The intent is that new development or
rehabilitation of existing facilities will then stimulate other property improvements and in turn,
additional new and modern development. Two of the objectives of this goal are to increase the
intensity of development and to encourage mixed-use development projects in the Village. The
proposed project will specifically accomplish both of these objectives. In addition, the proposed
project increases the intensity of development on the site, resulting in a higher degree of
compatibility with adjacent development. Staff projects that the development of the subject
property will serve as a catalyst for future redevelopment of underdeveloped areas north and
south of the site.
Goal 4: lmprove the Physical Appearance of the Villaoe Area. The project has a design that
with appropriate site planning and architectural design and materials that comply with City
is visually appealing. Construction of the proposed project will reinforce the Village character
standards and requirements. In addition, the proposed project will establish commercial
buildings along Carlsbad Blvd. whose scale and character are compatible with the surrounding
neighborhood.
V. CONSISTENCY WITH VILLAGE LAND USE PLAN
The site of the proposed project is located within Land Use District 1 of the Village
Redevelopment Area. Multi-family residential projects are a provisional use within this district.
Considerations that must be addressed to assess the appropriateness of this particular
provisional use within District 1 are: 1) that the multi-family residential use is appropriate to the
site and adjacent development, and 2) that the site is adequate in size and shape to
accommodate required on-site parking without adversely affecting the visual environment of the
Village. Staff concludes that the proposed project complies with both of these considerations.
First, the multi-family use is consistent with adjacent land uses which include single-family
residential to the north and a professional care facility (Carlsbad by the Sea Lutheran Home) to
the southwest. Additionally, the proximity of the site to mass transit and commercial services
and the incorporation of a commercial component along the west facing frontage makes it ideal
for encouraging pedestrian-oriented activities without upsetting retail continuity along Carlsbad
Blvd. Finally, staff has determined that the site is adequate in size and shape to accommodate
required parking for both the residential and commercial components of the project.
within District 1 are that; 1) residential and parking uses should not displace desired retail uses
Location and Development Criteria that must be assessed for provisional multi-family projects
or lessen active street frontage, 2) sites should accommodate parking requirements on-site or
below grade, 3) residential units should not be placed in proximity to health hazards, 4)
provision should be made to buffer train noise, and 5) multi-family housing located near the rail
station should be constructed as part of a mixed-use development project. Staff concludes
that the proposed project complies with all of these criteria.
In addition, the Village Redevelopment Master Plan and Design Manual stipulates that the
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mixed-use aspect of the project (retail shops along Carlsbad Blvd. frontage) is a permitted use
provided that the ground floor of all approved mixed-use projects be devoted to visitor serving
commercial uses. Since retail shops are proposed exclusively along the Carlsbad Blvd.
frontage, Staff concludes that the project complies with this requirement.
VI. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS
The Village Master Plan and Design Manual provides for two types of standards with which
“Universal Standards”. Every project within the Village Redevelopment Area must comply with
every project must comply in order to receive permit approval. The first type is known as
these Universal Standards, regardless of district location. The second type is known as
“Individual Standards”. These standards are specific to the Land Use District in which the
project is located.
UNIVERSAL DEVELOPMENT STANDARDS
Universal Development Standards address 1) the issues of General & Redevelopment 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 project meets the
“Universal Standards”.
General and Redevelopment Plan: The General Plan includes the following goals for
the Village: 1) a City which preserves, enhances and maintains the Village as a place for living,
working, shopping, recreation, civic and cultural functions while retaining the village atmosphere
and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging
activities that traditionally locate in a pedestrian-oriented downtown area, including offices,
Village and near transportation corridors to retain and increase resident-serving uses; and 4) a
restaurants, and specialty shops; 3) a City which encourages new economic development in the
create a lively, interesting social environment and a profitable business setting. The General
City that encourages a variety of complementary uses to generate pedestrian activity and
Plan objective is to implement the Redevelopment Plan through the comprehensive Village
Master Plan and Design Manual.
The proposed project is consistent with the goals and objectives for the Village, as outlined
within the General Plan, because it provides for multi-family residential use and retail use in an
appropriate location within the Village. This in turn serves to enhance and maintain the area as
a residential neighborhood and encourages greater residential support opportunities in the
Village. By providing more residential opportunities, the project helps to create a lively,
the Village, which provides the necessary customer base to attract complementary commercial
interesting social environment by encouraging and increasing the opportunity for 24-hour life in
transit facilities and the project reinforces the pedestrian-orientation desired for the downtown
uses. The project location serves to provide multi-family housing in close proximity to mass
area by providing much needed street improvements along its frontages on Washington St.,
Carlsbad Blvd., and Christiansen Way. Furthermore, the project will provide a strong street
presence with extensive architectural relief, including outdoor decks looking out over the
adjacent streets and fully enclosed and internal parking. Finally, the project assists in the effort
to create a distinct identity for the Village as an area that contains a wide variety of uses by
providing a residential product (multi-family for sale) that has been in demand by the market for
some time.
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In summary, Staff concludes that the proposed project supports the Village character for the
area. The project is located in close proximity to mass transit, parks, the beach, retail, and
commercial services. The project is consistent with the Village Master Plan and Design Manual
and has also been determined to be consistent with the General Plan, as related to the Village
Redevelopment Area.
Residential Density: The Village Master Plan and Design Manual does not set forth
specific densities in the land use districts which permit residential uses. Instead, an appropriate
General Plan residential density is to be determined for each project based upon compatibility
findings with the surrounding area. Maximum project density may not exceed the Growth
Management Control Point (GMCP) 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. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad
Municipal Code to exceed the GMCP.
After considering the goals and objectives of the Village Redevelopment Area, the vision for
Land Use District 1 and surrounding land uses, staff is recommending a High Density
Residential (RH) General Plan Designation for the subject property. Justification for the RH
General Plan density designation is as follows:
1. The density is compatible with the surrounding area which contains a variety of uses
including public uses such as the transit station, and private uses such as residential,
retail, and commercial office. Residential uses in the area are a composite of single-
family and multi-family residential, all of which is expected to eventually redevelop as
commercial uses. Application of the RH General Plan designation on the subject
multi-family due to the site's close proximity to the transit station, the beach and
property allows for the construction of a project that will result in a significant number of
units developed with convenient access to the transit station, and a project that is
density.
compatible with the mixture of surrounding uses in terms of size, scale, and overall
2. The RH General Plan density designation serves to satisfy the goals of the Village
affordability of housing units within this area of the Village. The higher density
Redevelopment Master Plan by increasing the number, quality, diversity, and
designation makes the project financially feasible to construct for-sale multi-family units
in today's economy. The Village Redevelopment Area has an abundance of residential
rental units, but few condominiums have been developed in the area since prior to the
inception of the redevelopment plan in 1981.
3. The RH General Plan density designation serves to satisfy the objectives of Land Use
District 1 by increasing the number of residential units in close proximity to shops,
restaurants, and mass transportation (Village Transit Station). Higher residential
densities in close proximity to mixed-use areas with easy access to mass transportation
promote greater job/housing balance and help solve regional issues such as reduced
traffic congestion and improved air quality.
The RH designation allows for a density range of 15 to 23 dwelling units per acre with a Growth
Management Control Point (GMCP) of 19 dwelling units per acre. The site area for the
proposed project is 2.83 acres (123,275 square feet). The 2.83 acre site will accommodate 53
dwelling units per the GMCP. As will be discussed later in this report, the project applicant is
requesting a density bonus to accommodate a total of 65 dwelling units, 11 of which (20% of 53
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PAGE I
units) are proposed to qualify as affordable to low income families. With 65 dwelling units
proposed, the project results in a density of 22.9 dwelling units per acre, which is at the top end
of the RH density range (15-23 dwelling units per acre).
In accordance with the Growth Management Ordinance specific findings regarding the
availability of public facilities must be made in order to approve a density above the GMCP.
The proposed project complies with these findings because all necessary public improvements
and facilities to accommodate the proposed development have been provided or are required
as conditions of project approval. In addition, there have been sufficient developments
approved in the northwest quadrant at densities below the control point to offset the units in the
project above the control point so that approval will not result in exceeding the quadrant limit.
Justification for meeting the findings of the Growth Management Ordinance to allow a density
that exceeds the GMCP has been incorporated into the attached DRB Resolution No. 286.
lnclusionarv Housina Requirements: All residential projects within the Village
Redevelopment Area are subject to the City's lnclusionary Housing Ordinance, Chapter 21.85
of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In
accordance with Redevelopment Law, 15% of the private housing units constructed within a
redevelopment area must be affordable to low and moderate income persons, of which not less
than 40% (or 6% of the total newly constructed units in the redevelopment area) must be
affordable to very low income households. Per City Ordinance, 15% of the total housing units
constructed must be affordable to low income households.
In order to allow for a density bonus, the Carlsbad Municipal Code states that the City shall
grant a density bonus and at least one additional incentive, as set forth in Section 21.86.060(c),
or in lieu incentives of equivalent financial value, as set forth in 21.86.060(c) to an applicant or
developer of a housing development of at least five units, who agrees to construct the following:
a. A minimum of twenty percent of the total units of the housing development as restricted
b. A minimum of ten percent of the total units of the housing development as restricted and
c. A minimum of fifty percent of the total units of the housing development as restricted to
and affordable to low-income households; or
affordable to very low income households; or
qualified (senior) residents.
The applicant has agreed to enter into an affordable housing agreement to deed restrict eleven
(1 1) units within the project for purposes of providing housing which is affordable to low income
households for a period of thirty (30) years. Thus, the proposed project is in compliance with
item "a" above and qualifies for the density bonus and at least one additional incentive pursuant
to 21.86.060. The additional incentive requested involves standards modifications as indicated
below, per Section 21.53.120(c) of the Carlsbad Municipal Code, for the project which allows for
the less restrictive development standards to be processed for the production of affordable
housing. It is important to note that the proposed major redevelopment permit shall also serve
as the site development plan for the project.
Attached DRB Resolution No. 286 includes a condition requiring the developer to enter in an
affordable housing agreement prior to the approval of the Final Map for the project in
accordance with the requirements for for-sale inclusionary units as outlined in Section
21.85.040(E) of the Carlsbad Municipal Code. With the provision of eleven (11) affordable
housing units and the execution of the required affordable housing agreement the project will
satisfy its inclusionary housing requirement.
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Planned Development: The Village Master Plan includes a specific requirement of
residential units proposed for individual ownership which states that all such units shall comply
with the development standards and design criteria set forth by Planned Development
Ordinance, Chapter 21.45 of the Carlsbad Municipal Code. This requirement was added during
the 1996 update to the Village Redevelopment Master Plan and Design Manual with the intent
to provide an additional layer of development standards to insure that any development
standards unique to condominium projects were included in the Master Plan. A comprehensive
amendment to Chapter 21.45 of the Carlsbad Municipal Code (Planned Development
Ordinance) was recently approved by the City Council and became effective on January 18,
2002 for properties outside the Coastal Zone. Since the subject property is located within the
Coastal Zone the project has been reviewed based on the development standards and design
criteria of the previous Planned Development Ordinance.
In addition to the development standards set forth in the Village Master Plan, the Planned
Development Ordinance provides criteria for building setbacks, parking, recreational space,
lighting, utilities, recreational vehicle storage, tenanvresident storage space, refuse areas, and
antennas.
Standards Modifications: The project was found to comply with each of the development
standards and design criteria of the Planned Development Ordinance with the exception of
three requested standards modifications. The following are a description of the three standards
modifications to the development standards requested (in lieu of City financial assistance) for
the provision of eleven (1 1) affordable housing units:
1. Standard 21.45.090(b)(l). Arterial Setbacks: All units adjacent to a major arterial road
shall maintain a minimum setback of forty feet. Carlsbad Boulevard is identified in the
Circulation Element of the General Plan as a major arterial road.
Justification for Standards Modification: As mentioned, the subject site is located within
District 1 of the Village Redevelopment Area. The Village Redevelopment Master Plan
and Design Guidelines Manual provides specific development standards for properties
within the Redevelopment Area. It indicates that within District 1, setbacks shall be as
follows:
Front: 0 to 10 feet maximum
Side: No setback requirement
Rear: No setback requirement
The purpose of these setbacks is to encourage buildings with a strong street presence
in the most heavily pedestrian-oriented area of the Village. The proposed project design
is in compliance with these Redevelopment Area-specific setback requirements. As
such, the reduced standard will not have an adverse impact on surrounding properties.
In addition, Staff believes that an increased setback along Carlsbad Boulevard would
negatively affect the financial success of the retail uses proposed along the first floor
street frontage of the proposed project. Furthermore, the reduced standard 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, and
the reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village Character of the area.
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2. Standard 21.45.090(k). Recreational Vehicle Storaae: The Planned Development
Ordinance requires that all projects containing ten units or more provide space to store
campers, trailers, boats, etc., at a ratio of 20 sq. ft. per unit.
Justification for Standards Modification: The proposed project does not provide onsite
RV storage inasmuch as this use is not identified as a preferred land use in the
oriented, mixed-use infill project, RV storage is considered to be an ineffective use of
Redevelopment Area. In addition, since the proposed project is an urban, transit-
Should an RV-owner purchase a unit within the proposed project, the owner would be
land and potentially an eyesore on small existing lots in the Redevelopment Area.
business, typically located within an industrial or business park zone, and not within the
responsible for storing the vehicle off-site in a commercial RV storage lot or garage
urban core of the city. Staff concludes that the reduced standard will not have an
adverse impact on surrounding properties and that this specific standards modification
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. In addition, the proposed standards modification will assist in creating a project
design which allows for greater interest, visual appeal and reinforces the Village
Character of the area.
3. Standard 21.45.090(1). Private Street Widths: Private streets may be permitted within a
planned unit development provided their width and geometric design are 30 foot private
driveways in multi-family attached projects.
Justification for Standards Modification: The proposed project is designed with
minimum 24 foot wide driveway aisles. Due to the fact that the proposed project is an
urban, infill, transit-oriented, mixed use project on existing lots, the minimum necessary,
safe width of the drive aisle is proposed. The City Fire Department and Engineering
revised Planned Development standards modify the 30-foot minimum to 24-feet. The Department have indicated the proposed width is acceptable. In addition, the newly-
proposed project is consistent with the modified City standard for private driveway width.
As such, the reduced standard will not have an adverse impact on surrounding
properties, most of which have been designed in accordance with the same standard.
Furthermore, the reduced standard will assist in developing a project which meets the
goals of the Village Redevelopment Area, is consistent with the objectives for the land
use district in which the project is located, and will assist in creating a project design
which is interesting, visually appealing and reinforces the Village Character of the area.
Staff has reviewed the requested standards modifications and justification and supports the
development plan for the affordable housing units, will approve the standards modifications as
request. Approval of the major redevelopment permit, which also serves as the site
noted above.
Compliance: In addition, the following is an analysis of how the project addresses the
remainder of the development standards (for which the project is in full compliance) set forth in
the Planned Development Ordinance:
Recreational %ace: Open space areas designated for recreational use shall be
provided for all planned development projects at a ratio of two hundred square feet per unit.
The open space areas shall provide for both common and private recreational facilities. The
proposed project provides for both active and passive common recreational facilities which
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include: spa, indoor gymnasium, indoor card room, indoor crafts room, shuffleboard court, lawn
bowling court, a putting green, and passive bench areas. In addition, as required by the
Planned Development Ordinance, the project provides for private recreational space in the form
of private decks on individual condominium units and, in most cases, private patios. Each deck
complies with the minimal dimension requirement of six feet. A total of 13,000 square feet of
recreational space is required for the proposed project (200 square feet x 65 units). The total
recreational space is a combination of common and private areas. The proposed project
provides for a total of 17,267 square feet of recreational space (8,984 sq. ft. common and 8,283
sq. ft. private) and, therefore, exceeds the standard.
Liuhfina: Lighting adequate for pedestrian and vehicular safety and sufficient to
minimize security problems shall be provided. As a standard condition of approval, the
applicant shall be required to submit a lighting plan, subject to the approval of the Planning
Director, prior to issuance of the building permit. This condition has been incorporated into
attached DRB Resolution No. 286.
Utilities: There shall be separate utility systems for each unit. This condition has been
incorporated into attached DRB Resolution No. 286.
Tenant Sforase Soace: The Planned Development Ordinance requires separate
storage space of at least four hundred eighty (480) cubic feet for each unit. If all the storage for
each unit is provided in one area, this requirement may be reduced to three hundred ninety two
(392) cubic feet per unit. This requirement is in addition to closets and other indoor storage
areas that are normally part of a residential dwelling unit. The project has been designed with
storage closets within the parking garages. In a majority of the units the storage space is
located in one area of the garage and exceeds the 392 cubic feet per unit requirement. In
Building 10 the storage is broken up into two areas; one within the garage and one is in a fully
enclosed storage closet on the balcony. In the case of Building IO, the total storage area for
each unit exceeds 480 cubic feet as required by the planned development standards. A full
tabulation of the storage areas is included on the Architectural Site Plan. The total storage area
required is 29,528 cu. ft. and 40,634 cu. ft. is provided. Therefore, sufficient storage area has
been designed into the units. Furthermore, the units are easily accessible by the tenants and
will assist in meeting their on-site storage needs.
Refuse Areas: Four centralized refuse-pickup areas have been distributed in key
locations along the private driveways internal to the project. The refuse areas are fully
enclosed with block walls, gates and landscaping. Coast Waste Management has reviewed
the plans and found them to be acceptable for refuse-pickup in the proposed locations.
Antennas: Individual antennas shall not be Dermitted. The Droiect shall have a master
cable television hookup. This condition has been incorporated into aiached DRB Resolution
NO. 286.
Parking: The parking requirements set forth in the Planned Development Ordinance are
more restrictive than the Village Master Plan standards. Staff used the more restrictive
standards against which to evaluate the project. Thus, the minimum parking requirement for
the project is 2 full-sized covered spaces per unit and additional guest parking at a rate of .5
spaces per unit up to 10 and .25 spaces per unit in excess of 10. As a result, the parking
requirement for the proposed 65-unit condominium project equates to 130 covered parking
spaces and 19 guest parking spaces (149 spaces total). The applicant is proposing to provide
130 covered parking spaces and 19 outside guest parking spaces, which complies with the
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minimum requirement for the residential aspect of the project. Resident parking spaces will not
be visible from the public street and guest parking spaces will be screened from public view.
The proposed project satisfies the parking requirements of both the Planned Development
Ordinance and the Village Master Plan.
The retail uses total 8,662 sq. ft. of area within Building 1. At 300 sq. ft. per parking space, a
total of 29 spaces are required for the retail uses and 29 spaces are provided on-site. Twelve
(12) additional on-street public parallel spaces are provided along Carlsbad Blvd. and twenty
(20) additional on-street parallel spaces area provided along Christiansen Way, although these
spaces are not included in the parking tabulation for the project.
Buildina Coverase. Heiaht 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 these development standards are
described below.
INDIVIDUAL DEVELOPMENT STANDARDS
Universal Development Standards set forth specifically for proposed new development within
Land Use District 1 are as follows:
Buildinq Setbacks: The Village Master Plan and Design Manual establishes the front,
rear and side yard setbacks for the property. In Land Use District 1, the front yard setback is 0-
10 feet and the side and rear yard setbacks have no minimum or maximum requirement. The
setbacks proposed in the project.design are as follows:
FiY setback at Carlsbad Blvd.: 2'
SiY setback at Christiansen Way: 10" 8 F/Y setback at Washington St.: 10 SN setback at Beech Ave.: 10
It should be noted that the frontage along Carlsbad Blvd. is measured after the dedication of
four (4) feet for widening of Carlsbad Blvd. and the provision of new curb, gutter and sidewalk
along this roadway by the applicant. In addition, certain architectural features are allowed to
encroach into the setbacks pursuant to Section 21.46.1 20 of the Zoning Ordinance.
As a result, the proposed project is consistent with the setback requirements of the Village
Design Manual and the Zoning Ordinance.
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
proposed, provides for a total of 34,325 square feet of open space/landscape area, which
areas. No parking spaces or drive aisles are permitted in the open space. The project, as
represents 28% of the site; a figure that exceeds the 20% requirement.
Buildinq Coveraqe: The range of building footprint coverage permitted for residential
and mixed-use projects in Land Use District 1 is 60% to 80%. For the proposed project, the
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building coveraae is 42%. The bottom of the ranae is considered the desired standard.
However, a decrease in the standard to below theminimum is permitted. Therefore, the
building coverage is determined to be consistent with the desired standard.
Buildina Heiaht: The standard height limit for Land Use District 1 is 35 feet with a
minimum 5:12 roof pitch and 45 feet with a minimum 5:12 roof pitch for a project where a
residence or commerciaVoffice space is located over a parking structure. Each of the buildings
of the proposed project include fully enclosed parking at the ground level. As stated previously,
the property naturally slopes down from west to east. The topography also slopes down from
south to north. The buildings have been designed to take advantage of the natural topography,
which allows for the garage levels to be at a lower elevation (on the inside of the project) than
the adjacent street elevations. City standards require building heights to be measured from the
lower of existing or finished grade. Building 1 has a maximum height of 35 feet as viewed from
Washington Street. Buildings 2-9 have a maximum height of 32’4 as measured from
Christiansen Way. However, the maximum height of Buildings 2-9 as measured from the
internal drive aisles is 39-10”, which is allowable since each of the units in these buildings are
built over an enclosed parking structure. The same 45-foot height limit applies to Building 10
where the residential units are located over enclosed parking. Building 10 has a maximum
height of 37-8 as measured from Carlsbad Blvd. Each of the buildings have varying rooflines
throughout the project with pitched roof features (5:12) at the front, rear and sides of the
building. The building heights and roof pitches are determined to be consistent with the desired
standards permitted by the Village Master Plan.
VII. CONSISTENCY WITH DESIGN GUIDELINES
All new projects within the Village Redevelopment Area must make a good faith effort to design
a project that is consistent with a village scale and character. The Design Review Board and
the Housing and Redevelopment Commission must be satisfied that the applicant has made an
honest effort to conform to ten (IO) basic design principles. These design principles are:
2.
1.
3.
4.
5.
6.
7.
8.
9.
Development shall have an overall informal character.
Architectural design shall emphasize variety and diversity.
Development shall be small in scale.
Intensity of development shall be encouraged.
All development shall have a strong relationship to the street.
A strong emphasis shall be placed on the design of the ground floor facades.
Buildings shall be enriched with architectural features and details.
Landscaping shall be an important component of the architectural design.
Parkina shall be visiblv subordinated.
IO. Signage shall be appropriate to a village character.
The proposed project is consistent with the design principles outlined above. The project design
provides for an overall informal character with a variety of unit types and sizes, yet maintains a
tasteful and pleasing architectural style conducive to the Village character. The architectural
design provides for variety and diversity through varying roof features, open decks, building
articulation on all elevations, and varied building setbacks at all levels. The landscaping along
all street frontages and the ability for each of the tenants to add flower boxes and landscaped
planters on their individual balconies also adds to the variety and diversity of the design. The
buildings have a very strong relationship to the street in that they are physically located in close
proximity to the public sidewalk area and enhance the pedestrian-orientation by providing an
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PAGE 13
enhanced landscaping along all street frontages and incorporating decorative paving and street
trees along Carlsbad Blvd. and Christiansen Way. The “Monterey - Mission” architecture of the
buildings is aesthetically pleasing and consistent with the Village character desired for the area,
including the design of the transit station. The buildings provide for a variety of architectural
features and details including; stucco siding, concrete “S” tile and flat tile, a variety of sizes of
round and arched windows, wrought iron fencing, painted wood trellises, corbels, French doors,
and dormers. The parking is visually subordinate in that is located within fully enclosed parking
structures or generally screened from public view. Architectural details in the form of stone
veneer, wood trellises and decorative grids have been added to the enclosed parking structure
on the ground floor of Building 1 to enhance the pedestrian-orientation along Washington
Street. To further break-up the faFade of the first floors, extensive landscaping on all sides of
the buildings is provided. A summary of the design features related to the project is provided
as an exhibit to this report (Exhibit 6).
VIII. CONSISTENCY WITH SIGN STANDARDS
As indicated on the Sign Plan, the applicant is proposing two freestanding site identification
signs; one to be located at the corner of Carlsbad Blvd. and Beech Ave., and one located at the
corner of Washington St. and Christiansen Way. The entry signs meet the requirements of the
Village Sign Guidelines and are consistent with the overall scale of the project. A condition has
been added to Design Review Board Resolution No. 286 requiring that the signs be externally
illuminated and consistent with the signs shown on the approved plans.
In addition, a maximum of 280 sq. ft. of retail business identification signs are proposed for the
retail shops located on the first floor of Building 10 at Carlsbad Blvd. These signs do not
exceed the maximum requirement of 1 sq. ft. of signage per 1 lineal ft. of retail shop building
frontage.
IX. DEVELOPMENT APPROVAL PROCESS
The proposed project requires a major redevelopment permit because it involves new
construction of a building that has a building permit valuation greater than $150,000. This
the Carlsbad Municipal Code. The project also requires the approval of a tentative tract map
major redevelopment permit serves as the site development plan required by Chapter 21 53 of
because it involves a subdivision of airspace (i.e.; separate ownership of each of the residential
units). In addition, due to the fact that the subject site is located within the Coastal Zone, the
project is required to process a coastal development permit. In accordance with
redevelopment permit procedures, the three permits are being brought forward together for a
recommendation by the Design Review Board and final approval by the Housing and
Redevelopment Commission.
The Design Review Board is being asked to hold a public hearing on the permits requested,
consider the public testimony and staff‘s recommendation on the project, discuss the project
standards modifications.
and then take action to recommend approval or denial of the project with the requested
X. TRAFFIC, CIRCULATION, SEWER, WATER, RECLAIMED WATER AND OTHER
SPECIAL CONSIDERATIONS
The project, as conditioned, shall comply with the City’s requirements for the following:
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Traffic: The total projected average daily traffic (ADT) for the project is 840 ADT (65 units X 8
ADT/unit = 520 ADT, plus 40 X 9.25 = 320 ADT retail), based on the most recent SANDAG Trip
Generation calculations. A traffic report was prepared by Linscott, Law & Greenspan on July
16, 2001. The report analyzed traffic impacts of the additional traffic generated by the project
that the project will cause no change to current levels of service for the key intersections and
at several key intersections and street segments within the project area. The report concludes
street segments in the area. Levels of Service at signalized intersections remain at LOS B or better during both the AM and PM peak hours. Levels of Service at street segments will remain
at LOS A during the peak hours. All frontage related roadway widening is conditioned to be
designed and constructed concurrent with development of this project. In addition, the project's sole driveway is located such that safe site distance for drivers is provided in accordance with
intersection site distance standards established by the California Department of Transportation
Highway Design Manual.
Sewer & Water: The Carlsbad Municipal Water District will provide water service to the site.
Sewer use for the project is estimated to be 70 EDU's. The proposed water usage for the project equates to 15,840 gallons per day (GPD) (220 gpd/EDU x 65 EDU's, plus 1,540 retail
GPD). Sewer facilities exist in Carlsbad Blvd. and Washington St. The project will connect to
the 8-inch sewer lateral line in Washington St. Sufficient size exists in this line to serve the
available for service connections in all public streets surrounding the property. The project will project. No major water issues are associated with this proposed project. Water mains are
to create a looped public water system for the project. The project is within the 255 pressure
connect to existing water mains in Christiansen Avenue, Washington Street and Beech Avenue
zone. The applicant is proposing separate one-inch service lines with separate meters for each unit. In addition, a separate service line and meter will be provided for common landscaping as
well as building sprinkler fire protection lines.
geo-technical investigations were performed by NorCal Engineering, dated August 14, 2000.
Soils and Gradina: There are no major grading issues associated with this project. Preliminary
Grading for the project will involve 11,800 cubic yards of cut and 500 cubic yards of fill with
grading permit will be required for the proposed grading. 11,500 cubic yards of material being exported. There is no proposed import of materials. A
Consultants. There are no major drainage issues associated with this project. Most on site
Drainaae and Erosion Control: A preliminary hydrology study was performed by O'Day
drainage will be collected by a series of inlets and pipes that will connect directly with the public
storm drain inlets on Washington St. The project will construct sump pumps to remove storm
water from a portion of the site and discharge it to Christiansen Way. The sumps have an emergency overflow to allow storm water to flow to the street by gravity before living areas are
flooded, in case of a blockage or pump failure. Other portions of the site drain by surface flow
to Beech Avenue and Washington Street. The project is required to detain runoff onsite to
reduce post-development peak runoff to no more than pre-development levels.
The project storm water runoff discharges into streets which flow to pipes draining ultimately
into Buena Vista Lagoon. The project is conditioned to prepare a Storm Water Management
Plan (SWMP) with an enhanced level of Best Management Practices (BMPs). Through the SWMP, permanent BMPs, possibly including structural, such as a "vortex" type or similar
system will be required. The project will also be required to identify and implement source-
control BMPs.
Improvements: The project will widen Carlsbad Boulevard to provide additional parking in front of the proposed retail space. Christiansen Way will be widened and angled parking installed to
ANASTASI VILLAGE BY THE SEA - RP 01-06/CDP 01-16/CT 01-10
JUNE 24,2002
PAGE 15
are already completed. The project includes new curb, gutter and sidewalk along the Beech
provide additional parking spaces downtown. Frontage improvements to Washington Street
Avenue frontage.
All three frontage streets will receive standard street improvements per the adopted “City of
Carlsbad Street and Sidewalk Policy Committee Report”. This Report determines which
unimproved streets will receive standard improvements and which streets require a special or
“alternative” design. Sidewalk, curb and gutter will be replaced on each of the street frontages
except Christiansen Way. A widening of Christiansen Way, installation of new curb, gutter and
sidewalk, and striping of on-street, diagonal parking is proposed on this street.
Land Title: Project will dedicate additional right-of-way on Christiansen Way and Carlsbad Blvd.
Ten (IO) feet of public street and utility right-of-way dedication is required along the
Christiansen Way frontage to bring the half street right-of-way width to 30 feet. Onsite sewer
and water mains will be public and will require dedication of a general utility and access easement.
XI. ENVIRONMENTAL REVIEW
The Planning Department has conducted an environmental review of the project pursuant to the
Guidelines for Implementation of the California Environmental Quality Act and the
Environmental Protection Ordinance of the City of Carlsbad. Earlier analysis of this proposed
project has been completed through the General Plan Update (GPA94-01) and related Master
Environmental Impact Report (MEIR 93-01) that reviewed the potential impacts of build out of
the City’s General Plan, including transportation and air quality impacts. CEQA Guidelines
state an MElR may not be used to review projects if it was certified more than five years prior to
the filing of an application for a later project. The City is currently reviewing the 1994 MElR to
determine whether it is still adequate to review subsequent projects. However, although the
MElR was certified more than five years ago, the City’s preliminary review of its adequacy finds
that no substantial changes have occurred with respect to the circumstances under which the
MElR was certified. The only potential changed circumstance, with intersection failure at
Palomar Airport Road and El Camino Real, has been mitigated to below a level of significance.
Additionally, there is no new available information, which was not known and could have been
known at the time the MElR was certified. Therefore, the MElR remains adequate to review
later projects.
As a result of staff‘s review, a Negative Declaration was issued for the subject project by the
Planning Director on June 5, 2002 and made available for public review. No comments were
received on the environmental document. Adoption of Design Review Board Resolution No.
285 will recommend approval of the Negative Declaration for this project to the Housing and
Redevelopment Commission. A copy of the Negative Declaration is attached as part of Exhibit
1.
The potential for subjecting the future residents of the project to significant noise impacts from
the railroad track and Carlsbad Blvd., was determined to result from development of the
proposed project. As a result, a noise study was commissioned and prepared by Mestre Greve
Associates. This study concluded that noise mitigation, specifically balcony enclosures is
‘required in order to achieve a noise level of insignificance. These balcony enclosures have
been included in the architectural design of the proposed project.
ANASTASI VILLAGE BY THE SEA - RP 01-06/CDP 01-16/CT 01-10
JUNE 24,2002
PAGE 16
XII. ECONOMIC IMPACT
The proposed project is anticipated to have a positive financial impact on the City and the
Redevelopment Agency. First, the redevelopment of what was previously an under-utilized lot
will result in increased property taxes. This increase in property tax will further result in
increased tax increment to the Redevelopment Agency. Second, the project may serve as a
catalyst for other improvements in the area, either new development or rehabilitation of existing
buildings, through the elimination of a blighting influence within the area. In addition, retail uses
are proposed, which generate sales and property tax revenues. Staff anticipates that this
project will have a very strong influence on the future redevelopment of properties in the vicinity.
XIII. CONCLUSION
Staff is recommending approval of the project. The project will have a positive fiscal impact on
the redevelopment area and will assist in fulfilling the goals and objectives of the Carlsbad
Village Master Plan and Design Manual.
EXHIBITS:
A. Design Review Board Resolution No. 285, recommending approval of the Neg. Declaration.
B. Design Review Board Resolution No. 286, recommending approval of RP 01-06.
C. Design Review Board Resolution No. 287, recommending approval of CDP 01-16.
D. Design Review Board Resolution No. 288, recommending approval of CT 01-10.
E. Location Map
F. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines.
G. Exhibits "A-r', dated June 24, 2002, including reduced exhibits.
50
Exhibit A
Design Review Board
Resolution No. 285
(Negative Declaration)
L
f - I
f
5
1C
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
21
28
DESIGN REVIEW BOARD RESOLUTION NO. 285
A RESOLUTION OT THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
NEGATIVE DECLARATION FOR MAJOR REDEVELOPMENT PERMIT
NUMBER RP 01-06, COASTAL DEVELOPMENT PERMIT NUMBER
CDP 01-16, AND TENTATIVE TRACT MAP NUMBER CT 01-10 FOR A
MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE
(65) CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
CASE NO.: RP Ol-OG/CDP 01-16/CT 01-10
WHEREAS, the Design Review Board did on the 24‘h day of June 2002, 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, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Design Review Board considered all factors
relating to the Negative Declaration.
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 hereby RECOMMENDS APPROVAL of the Negative Declaration
according to Exhibit “ND dated June 5, 2002, and “PII” dated May 7, 2002
attached hereto and made a part hereof, based on the following findings:
Findinas:
1. The Design Review Board of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Negative Declaration for Village
By The Sea (RP 01-06KDP 01-16KT 01-10) the environmental impacts therein
identified for this project and any comments thereon prior to RECOMMENDING
APPROVAL of the project; and
b. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
t
5
1(
11
1;
1:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
c. it reflects the independent judgment of the Design Review Board of the City o
Carlsbad; and
d. based on the EIA Part II and comments thereon, there is no substantial evidencc
the project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Desigr
Review Board of the City of the City of Carlsbad, California, held on the 241h day of June, 2002,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SARAH MARQUEZ, VICE CHAIRPERSON
CARLSBAD DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 285 -2- 53
Exhibit "ND"
City of Carlsbad
NEGATIVE DECLARATION
Project Addresskocation: West side of Carlsbad Boulevard, between Christiansen Way and
Beech Street, City of Carlsbad, County of San Diego, State of
California
Project Description: Tentative Tract Map, Major Redevelopment Permit, and Coastal
Development Permit to allow the subdivision and construction of a
65 dwelling unit multifamily condominium, with 11 units
restricted for low-income households, along with 8,662 square foot
retail commercial and associated parking and landscaping on a
vacant, in-fill site within the City's Village Redevelopment Area.
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, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are
invited. Please submit comments in writing to the Planning Department within 20 days of date
of issuance. If you have any questions, please call Michael Grim in the Planning Department at
(760) 602-4623.
DATED: JUNE 5,2002
CASE NO: RP 01-06KT 01-10KDP 01-10
CASE NAME: VILLAGES BY THE SEA
PUBLISH DATE: JUNE 5,2002
Planning Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 - www.ci.carlsbad.ca.us
Exhibit IlPll”
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
(TO BE COMPLETED BY THE PLANNIh’G DEPARTMENT)
CASE NO: RP 01-06/CDP 01-10/CT01-10
DATE: Mav 7.2002
BACKGROUND
1. CASE NAME: Villaae bv the Sea
2. APPLICANT: Anastasi Development Co. LLC
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 1200 Aviation Blvd.. Redondo Beach.
CA 90278 f3101198-9172
4. DATE EIA FORM PART I SUBMITTED: A~ril17.2001
5. PROJECT DESCRIPTION Tentative Tract Map. Maior Redevelopment Permit, and Coastal DeveloDment Permit to allow the subdivision and construction of a 65 dwelling unit multifamilv
condominium. with 11 units restricted for low-income households, along with 8.662 sauare foot retail commercial and associated parkine and landscaping on a vacant. in-fill site within the
City’s Village Redevelopment Area.
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 TransportatiodCirculation 0 Public Services
Population and Housing Biological Resources 0 Utilities & Service Systems
0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
0 Water
Air Quality
0 Hazards
0 Noise
0 Cultural Resources
0 Recreation
Mandatory Findings of Significance
1 Rev. 03/28/96 55
DETERMINATION.
(To be completed by the Lead Agency)
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 MITIGATED
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@) 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. A(n) 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 pursuant to applicable
standards and (b) have been avoided 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.
Date
2 Rev. 03/28/96 56
ENVIRONMENTAL IMPACTS
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 fiom “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 “EM-Part 11”, if a proposed project could have a potentially significant
effect on the environment, but 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
Ovemding 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 51
e 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.
e 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 I1 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 58
.
Issues (and Supporting Information Sources),
I. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning?
b) Conflict with applicable environmental plans or
(Source fys): (#l:Pgs 5.6-1 ~ 5.6-18)
project? (#l:Pgs 5.6-1 - 5.6-18)
policies adopted by agencies with jurisdiction over the
c) Be incompatible with existing land use in the vicinity?
(#l:Pgs 5.6-1 - 5.6-18)
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
e) Disrupt or divide the physical arrangement of an
landuses? (#l:Pgs 5.6-1 - 5.6-18)
minority community)? (#l:Pgs 5.6-1 - 5.6-18) established community (including a low-income or
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-1 - 5.5-6)
b) Induce substantial growth in an area either directly or
indirectly (e.g. tbrougb projects in an undeveloped area
or extension of major infrastructure)? (#l:Pgs 5.5-1 -
5.5-6)
c) Displace existing housing, especially affordable
housing? (#l:PgS 5.5-1 - 5.5-6)
111. GEOLOGIC PROBLEMS. Would the proposal result in or
a) Fault rupture?(#l:Pgs 5.1-1 - 5.1-15) expose people to potential impacts involving:
b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15)
c) Seismic ground failure, including liquefaction? (#l:Pgs
5.1-1 - 5.1.15)
d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15)
f) Erosion, changes in topography or unstable soil
5.1-15)
conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-151 ~~~ ~ ~. g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15)
h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15)
i) Unique geologic or physical features? (#l:Pgs 5.1-1 -
5.1-15)
IV. WATER. Would the proposal result in:
Potentially Significant Impact
0
0
0
0
0
0
0 0
0 0
o 17
Changes in absolption rates, drainage patterns, or the rate and amount of surface tunoff? (#l:Pgs 5.2-1 - 5..2- 0
11) Exposure of people or property to water related hazards
such as flooding? (#l:Pgs 5.2-1 - 5.2-11) 0 Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved 0 oxygen or turbidity)? (#l:Pgs 5.2-1 - 5..2-11)
5
Potentially Significant
Unless Mitigation Incorporated
0
0
0
0
0
0
0
0 0 0
0
0 0
0 0
Significant Less Than
Impact
0
0
0
0
0
0
0
0
0 0 0
0
0 0
0
0
Impact No
IXI
!XI
[XI
[XI
[XI
IXI
!XI
[XI
[XI [XI [XI
[XI
[XI [XI
[XI [XI [XI
Rev. 03/28/96 bD
Issues (and Supporting Information Sources)
Changes in the amount of surface water in any water
body? (#l:Pgs 5.2-1 - 5.2-11)
Changes in currents, or the course or direction of water
movements? (#l:Pgs 5.2-1 - 5.2-1 1)
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? (#l:Pgs 5.2-1 - 5..2-11)
Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-1 - 5.2-11) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5.2-
Substantial reduction in the amount of groundwater
otherwise available for public water supplies? (#l:Pgs
5.2-1 - 5..2-11)
11)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pgs 5.3-
1 - 5.3-12)
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12)
c) Alter air movement, moisture, or temperame, or cause
any change in climate? (#l:Pgs 5.3-1 - 5.3-12)
d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12)
VI. TRANSPORTATION/CIRCTION. Would the
proposal result in:
Increased vehicle hips or traffic congestion? (#l:Pgs
5.7-1 - 5.7.22)
Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses (e& farm equipment)? (#l:Pgs 5.7-1 - 5.7.22)
Inadequate emergency access or access to nearby uses?
Insufficient parking capacity on-site or off-site?
(#l:Pgs 5.7-1 - 5.7.22)
(#l:Pgs 5.7-1 - 5.7.22)
Hazards or barriers for pedestrians or bicyclists?
(#l:Pgs 5.7-1 - 5.7.22)
Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - (#l:Pgs 5.7-1 - 5.7.22)
5.7.22)
VII.BIOLOGICAL RESOURCES. Would the proposal result in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
b) Locally designated species (e.g. heritage trees)? animals, and birds? (#l:Pgs 5.4-1 - 5.4-24)
(#l:Pgs 5.4-1 - 5.4-24)
Potentially Significant
Impact
0
0
0
0
0
0
IXI
0
0
0
IXI
0
0
0
0
0
0
0
0
Significant Significant Impact
Potentially Less Than No
Incorporated
Mitigation Unless Impact
0 OB
0 OB
0 OB
0
0
0
0
0
0
[XI
[XI
0 00
0 OB
0 OB
0 o[XI
0 00
0 OB
0 o[XI
0 OB
6 Rev. 03/28/96 61
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Locally designated natural communities (e.g. oak
Wetland habitat (e.g. marsh, riparian and vernal pool)?
forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24)
(#l:Pgs 5.4-1 - 5.4-24)
Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 - 5.4-24)
ENERGY AND MINERAL RESOURCES. Would the
proposal?
Conflict with adopted energy conservation plans?
Use non-renewable resources in a wasteful and
(#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-
Result in the loss of availability of a known mineral
1 - 5.13-9)
resource that would be of future value to the region and
the residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
5.13-1 - 5.13-9)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
b) Possible interference with an emergency response plan chemicals orradiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5)
or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5)
c) The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) d) Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
e) Increase fme hazard in areas with flammable brush, grass, ortrees? (#l:Pgs 5.10.1-1 - 5.10.1-5)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9-
15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
1 - 5.9-15)
0
0
Significant Significant Impact
Mitigation Incorporated
Unless Impact
0 om
0 om
cl om
0 om
0 om
0 El
0
XI. PUBLIC SERVICES. Would the urouosal have an effect
upon, or result in a need for new or altered government
services in any of the following areas: Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4)
Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5)
Maintenance of public facilities, including roads? n
_.
0 0
Other governmental services? (#l:Pgs 5.12.1-1 -
5.12.8-7)
XII.UTIL1TIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
7
0
€3
0
0
Rev. 03/28/96 ba
Issues (and Supporting Information Sources) Potentially Significant Impact Significant Potentially
Unless Mitigation Incorporated 0
0 0
0 0 R 0
Significant
Less Than
Impact Impact
No
a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
b) Communications systems?
c) Local or regional water treatment or distribution
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
e) Storm water drainage? (#l:Pg 5.2-8)
r) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3)
5.13-1 - 5.13-9)
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
0 0 €3
0 0 [XI €3
0 0 0 R 0
€3 El B g) Local or regional water supplies? (#l:Pgs 5.12.2-1 -
5.12.3-7)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 - 5.11-5) 0 U
0
0
0
0
0
0
0
€3
[XI
€3
b) Have a demonstrated negative aesthetic effect? (#l:Pgs
c) Createlightorglare?(#l:Pgs5.11-1-5.11-5)
5.11-1 - 5.11-5)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8-
b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8-
c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10)
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs 5.8-
1 - 5.8-10)
e) Restrict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-1 - 5.8-10)
10)
10)
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0
0 0
0
0
0 [XI
[XI
0 0 0 0 [XI [XI
El
XV.RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (#l:Pgs 5.12.8-1 -
5.12.8-7)
b) Affect existing recreational opportunities? (#l:Pgs
5.12.8-1 - 5.12.8-7)
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,
reduce the number or reshict the range of a rare or threaten to eliminate a plant or animal community,
endangered plant or animal or eliminate important
prehistory?
examples of the major periods of California history or
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0
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[XI 0
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Rev. 03/28/96 b3 8
Issues (and Supporting Information Sources). Potentially Potentially Less Than No
Significant Significant Significant Impact Impact Unless Impact Mitigation -
b) Does the project have impacts that are individually
limited, but cumulatively considerable? 0 0 OH Incorporated
(“Cumulatively considerable” means that the
viewed in connection with the effects of past projects,
incremental effects of a project are considerable when
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?
0 OIXI
XVII. EARLIER ANALYSES.
The following site-specific technical studies were used in the analysis and design of this project
and are on file in the City of Carlsbad Housing and Redevelopment Department located at 2965
Roosevelt Street, Carlsbad, California, 92008. (760) 434-2815.
1. Traffic Impact Analvsis - Villages bv the Sea - Carlsbad, California, dated July 16,
2001, Linscott, Law and Greenspan Engineers.
2. Noise Analysis for Village bv the Sea - Citv of Carlsbad, dated May 11, 2001, Mestre
Greve Associates.
3. Preliminarv Geotechnical Investigation - Proiect No. 8710-00, dated August 14, 2000,
NorCal Engineering, Soils and Geotechnical Consultants.
4. Preliminarv Drainage Study for Village bv the Sea, dated April 9, 2001, O’Day
Consultants, Inc.
5. Preliminarv Storv Water Pollution Prevention Plan for Village bv the Sea, dated October,
2001, O’Day Consultants
9 Rev. 03/28/96 dL\
DISCUSSION OF ENVIRONMENTAL EVALUATION
The proposed project involves a Major Redevelopment Permit, Coastal Development Permit,
Tentative Tract Map and Planned Unit Development Permit to allow the subdivision and
construction of a 65-unit condominium development with 8,662 square feet of retail commercial
space. The 2.83-acre project site is bounded by Carlsbad Boulevard to the’ west, Beech Street
and single family residential to the north, Washington Street and the railroad station to the east,
and Christiansen Way and retail commercial to the south.
The site is designated Village (V) in the City’s General Plan and is zoned Village
Redevelopment (VR). It is located within District 1 - Carlsbad Village Center - of the Carlsbad
Village Redevelopment Master Plan and Design Manual. This district calls for a mix of shops,
restaurants, entertainment uses, visitor accommodations, and commercial services in a pedestrian
environment. Multi-family dwellings are allowed as a provisional use in District 1, with the
Manual recognizing that multi-family residential uses are appropriate near the railroad station
provided ground floor retail uses are not displaced. The allowed density in the Village General
Plan designation is 15 to 23 dwelling units per developable acre, with a Growth Management
Control Point of 19 dwelling per developable acre.
The project site gently slopes to the east and is cleared of most vegetation, except for several tall
trees. The site currently contains four single family and one multifamily buildings that are in
disrepair and unoccupied. The trees and the structures would be removed from the site to
accommodate the proposed development. A total of 11,800 cubic yards of cut and 500 cubic
yards of fill is proposed, resulting in 11,500 cubic yards of export. Given the project location,
the likely haul route would exit the site heading north on Carlsbad Boulevard, a major arterial, to
the City boundary approximately one quarter mile away. There are no private residences
fronting on this haul route and no adverse impacts are anticipated. Once occupied, the project
would generate approximately 840 average daily traffic trips, which can be accommodated by
Carlsbad Boulevard, the major arterial serving the development.
The proposed project would consist of 10 multi-family buildings containing a total of 65
condominium dwelling units. The highest point of all the buildings, as measured from the lower
of existing or finished grade, is 39’-10” with total lot coverage equating to approximately 42
percent of the site. Of the 65 units proposed, 11 would be deed restricted to be affordable to
lower-income households; the total project density would be 23 dwelling units per acre. In
addition to the added density, the project incorporates several development standards
modifications for setbacks, recreational vehicle storage, and driveway width. These density
bonus and development standards modifications are in lieu of requesting City financial
participation in the project, as allowed by Chapter 21.86 of the Carlsbad Municipal Code.
The project also includes 8,662 square feet of ground floor retail fronting on Carlsbad Boulevard.
To accommodate the condominium units and retail space, a total 178 parking spaces are
provided in private garages, a common parking garage and surface parking. The project would
also modify the Carlsbad Boulevard frontage and improve the Christiansen Way frontage to
allow for street parking. The Christiansen Way improvements would also involve a street
dedication along a portion of the frontage to achieve 40 feet of right-of-way from the centerline
of the street to provide for angled parking. Also included in the project would be common and
private recreation areas, landscaping, and outdoor seating areas.
The proposed Village by the Sea proposal is consistent with the City’s General Plan and
applicable zoning regulations; it is also providing more affordable housing than is required by
10 Rev. 03/28/96
the City’s Inclusionary Housing Ordinance. The project site is void of any sensitive biological,
archeological, and historical resources. All recommendations of the site specific studies
mentioned above have been incorporated into the project design, thereby not creating any
significant adverse environmental impacts with regard to traffic, geology, soils, or noise. The
project site is currently served by all utilities and does not produce any adverse impacts with
regard to facility systems or capacity. No existing housing or recreational opportunities exist on
the site. All construction activities must conform to City Standards, thereby precluding adverse
impacts due to off-site erosion, geologic instability, hazards, or traffic circulation. Given the
above, the proposed Village by the Sea project would not produce any significant adverse
environmental impacts.
AIR OUALITY:
In 1994 the City prepared and certified an EIR which analyzed the impacts which will result
from the build-out of the City under an updated General Plan. That document concludes that
continued development to build-out as proposed in the updated General Plan will have
cumulative significant impacts in the form of 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 build-out
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 build-out, 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 projects
covered by the General Plan’s Final Master EIR. This project is within the scope of that MEIR
This document is available at the Planning Department.
CIRCULATION:
In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would
result ffom the build-out of the City under an updated General Plan. That document concluded
that continued development to build-out as proposed in the updated General Plan will result in
increased traffic volumes. Roadway segments will be adequate to accommodate build-out
traffic; however, 12 full and 2 partial intersections will be severely impacted by regional
11 Rev. 03/28/96 d(p
through-traffic over which the City has no jurisdictional control. These generally include all
fieeway 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 build-out.
To lessen or minimize the impact on circulation associated with General Plan build-out,
numerous mitigation measures have been recommended in the Final Master EIR. These include:
1) 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 build-out 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 projects covered by the General Plan’s Master EIR.
This project is within the scope of that MER This document is available at the Planning
Department.
A MER may not be used to review projects if it was certified more than five years prior to the
filing of an application for a later project. The City is currently reviewing the 1994 MEIR to
determine whether it is still adequate to review subsequent projects. Although the MEIR was
certified more than five years ago, the City’s preliminary review of its adequacy finds that no
substantial changes have occurred with respect to the circumstances under which the MEIR was
certified. The only potential changed circumstance, the intersection failure at Palomar Airport
Rd. and El Camino Real, is in the process of being mitigated to below a level of significance.
Additionally, there is no new available information, which was not known and could not have
been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to
review later projects.
EARLJER ANALYSES USED
The following document was also used in the analysis of this project and is on file in the City of
Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008,
(760) 602-4600.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update
(MEIR 93-01), dated March 1994, City of Carlsbad Planning Department.
12 Rev. 03/28/96 (03
Exhibit B
Design Review Board
Resolution No. 286
(RP 01-06)
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DESIGN REVIEW BOARD RESOLUTION NO. 286
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 01-06 FOR A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE (65)
CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
I OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
APN: 203-1 72-06, 07, 08, 11, 12, 16, 21 & 23
CASE NO: RP 01-06
WHEREAS, Anastasi Development Company, LLC, a California Limited Liability
Company, “Developer”, has filed a verified application with the Housing and Redevelopmeni
Agency of the City of Carlsbad regarding property it owns, and known as Assessor Parcel
Numbers 203-172-06, 07, 08, 11, 12, 16,21 & 23 and more thoroughly described in Attachmeni
A, (“the property”); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, to
allow a mixed-use sixty-five (65) unit condominium project and 8,662 sq. ft. of retail
shops, as shown on Exhibits “A-Y”, dated June 24, 2002, on file in the Housing and
Redevelopment Department, “Village By The Sea RP 01-06KDP 01-16KT 01-10”, as
provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 241h day of June, 2002, 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
“Village by the Sea RP 01-06”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Village by the Sea RP 01-06, based on the
following findings and subject to the following conditions:
GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for establishment of the RH density designation for the
project, is in conformance with the Elements of the City's General Plan, the Carlsbad
Village Area Redevelopment Plan, and the Carlsbad Village Master Plan and Design
Manual based on the facts set forth in the staff reports dated June 24, 2002 including,
but not limited to the following:
a. The proposed project is consistent with the goals and objectives for the
Village, as outlined within the General Plan, because it provides for a multi-
family residential use and retail use in an appropriate location within the
Village. This in turn serves to enhance and maintain the area as a
residential neighborhood and encourages greater residential support
opportunities in the Village. By providing more residential opportunities,
the project helps to create a lively, interesting social environment by
encouraging more of a 24-hour life in the Village, which provides the
necessary customer base to attract complementary commercial uses. The
project design serves to reinforce the pedestrian-orientation desired for
the downtown area by providing much needed street improvements along
Carlsbad Boulevard, Washington Street, Christiansen Way and Beech
Avenue. Furthermore, the proposed buildings have a strong street
presence with extensive outdoor decks looking out over the adjacent
streets and fully enclosed parking.
b. The project is consistent with the Village Redevelopment Plan in that: 1) it
establishes the Village as a quality shopping, working, and living
environment by providing for a multi-family for-sale product which serves
to increase the type of housing options available to people seeking to
reside in the downtown area, 2) it improves the pedestrian and vehicular
circulation in the Village Area by providing for additional enhanced
sidewalks along all sides of the property, 3) it stimulates property
improvements and new development in the Village through the
development of a highly visible site which may serve as a catalyst for
future redevelopment in the area, 4) it improves the physical appearance of
the Village Area by replacing a currently underdeveloped site with an
aesthetically pleasing set of buildings, landscaping, and other site
improvements, and 5) the project provides additional retail space for the
Village area.
c. The project as designed is consistent with the land use plan, development
standards for Land Use District 1, design guidelines, and other applicable
regulations set forth in the Village Master Plan and Design Manual.
d. The existing streets can accommodate the estimated ADTs and all required
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e.
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9.
h.
public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
constructed to serve the proposed project. The project has been
conditioned to develop and implement a program of “best managemeni
practices” for the elimination and reduction of pollutants which enter into
andlor are transported within storm drainage facilities.
The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is being developed on a series of
eight vacant lots which have appropriate zoning for a mixed-use project
consisting of multi-family residential and retail along Carlsbad Boulevard.
The project is also consistent with the Open Space requirements for new
development within the Village Redevelopment Area and the City’s
Landscape Manual.
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 is consistent with the Housing Element of the
General Plan, the City’s lnclusionary Housing Ordinance, and the
Redevelopment Agency’s lnclusionary Housing Requirement, as the
Developer has been conditioned to enter into an Affordable Housing
Agreement to provide and deed restrict eleven (11) dwelling units as
affordable to low income households.
The proposed project meets all of the minimum development standards set
forth in Carlsbad Municipal Code Section 21.45.090 with the exception of
the three standards modifications outlined in the report to the Design
Review Board dated June 24, 2002 as permitted by Carlsbad Municipal
Code Section 21.53.120(c) in lieu of City financial assistance for the
provision of eleven affordable housing units. In addition, the proposed
project meets all of the design criteria set forth in Section 21.45.080 and
has been designed in accordance with the concepts contained in the
Design Guidelines Manual, in that the overall plan for the project is
comprehensive and incorporates a series of buildings that take advantage
of the unique topographical constraints and unusual lot lay-out of the site.
The buildings, landscaping, and on-site amenities all conform to the
Village Redevelopment Master Plan and Design Manual which serves as
the adopted land use plan for the area. The overall plan for the project
provides for adequate usable open space, circulation, off-street parking,
recreational facilities and other pertinent amenities. The parking is well
integrated into the project and oriented to the topographic features of the
site. The project is compatible with surrounding land uses and will not
negatively impact circulation patterns in the area. Common areas and
recreational facilities are located so that they are readily accessible to the
occupants of the dwelling units. The overall architecture is compatible
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with the surrounding area and consistent with the Village character as sei
forth in the Village Design Manual.
2. The Design Review Board hereby finds that the appropriate residential density for the
project is RH (15-23 dwelling units per acre), which has a Growth Management Control
Point (GMCP) of 19 dwelling units per acre. Justification for the RH General Plan
density designation is as follows:
a. The proposed project is located immediately across Washington Streel
from the Village Transit Station. In addition, the density is compatible with
the surrounding area which contains a variety of uses such as residential,
commercial office, retail, a residential care facility, and a private school
with on-site residents. Residential uses in the area range from single
family residential to multi-family residential. Application of the RH General
Plan designation on the subject property allows for the construction of a
project that is compatible with the mixture of surrounding uses in terms of
size, scale, and overall density.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village. The higher
density designation makes it financially feasible to construct for-sale multi-
family units in today's economy. The Village Redevelopment Area has an
abundance of residential rental units and it is the goal of the City to
provide additional attached ownership units.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
Station). Higher residential densities in close proximity to mixed-use areas
with easy access to mass transportation promote greater job/housing
balance and help solve regional issues such as reduced traffic congestion
and improved air quality.
3. The project is consistent with the City's Landscape Manual.
GROWTH MANAGEMENT FINDINGS:
4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
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
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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. All necessary public improvements have been provided or are required as
conditions of approval.
c. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
e. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
5. The project will provide sufficient additional public facilities for the density in excess of
the control point to ensure that the adequacy of the City’s public facility plans will not be
adversely impacted, in that all necessary public improvements to accommodate the
proposed development have been provided or are required as conditions of
project approval.
6. There have been sufficient developments approved in the quadrant at densities below
the control point to offset the units in the project above the control point so that approval
will not result in exceeding the quadrant limit.
7. All necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that all
required public facilities necessary to accommodate the proposed development
have been provided or are required as conditions of project approval.
HOUSING & REDEVELOPMENT CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
General
I. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the CitylAgency 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 CityWAgency’s approval of this Major Redevelopment Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Major Redevelopment Permit documents, as
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3.
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11.
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval, shall require an amendment to
this approval.
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 condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
invalid unless the Housing and Redevelopment Commission determines that the
project without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and
all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s
approval and issuance of this Major Redevelopment Permit, (b) Agency’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have
been concluded and continues even if the Agency’s approval is not validated.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24 x 36, mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval is granted subject to the approval of Coastal Development Permit No.
CDP 01-16 and is subject to all conditions contained in Design Review Board
Resolution No. 287 for this other approval and incorporated by reference herein.
This approval is granted subject to the approval of Tentative Tract Map No. CT 01-10
and is subject to all conditions contained in Design Review Board Resolution No. 288
for this other approval and incorporated by reference herein.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
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facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
Housing
12. Prior to the approval of the final map for this project, the Developer shall enter into an
Affordable Housing Agreement with the City/Agency to provide and deed restrict 11
dwelling units as affordable to low-income households for the useful life of the dwelling
units, in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted
to the Housing and Redevelopment Director no later than 60 days prior to the request
to final the map. The recorded Affordable Housing Agreement shall be binding on all
future owners and successors in interest.
13. The Developer shall construct the required inclusionary units concurrent with the
project’s market rate units, unless both the final decision making authority of the
City/Agency and the Developer agree within an Affordable Housing Agreement to an
alternate schedule for development.
Landscape
14. The Developer shall submit and obtain Housing and Redevelopment Director
approval of a Final Landscape and Irrigation Plan showing conformance with the
approved Preliminary Landscape Plan and the City’s Landscape Manual. The
Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds,
trash, and debris.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by
the project’s building, improvement, and grading plans.
Miscellaneous
16. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance
of a building permit the Developer shall provide the Housing & Redevelopment
Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to disapprove. A copy of the final approved amendment shall be transmitted to
City within 30 days for the official record.
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This project is being approved as a condominium permit for residential homeownership
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
purposes. If any of the units in the project are rented, the minimum time increment for
requirement.
The Condominium Plan submitted to the Department of Real Estate for approval
shall define the “units” owned exactly as approved by the Major Redevelopment
Permit.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid,
this approval will not be consistent with the General Plan and shall become void.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
22. . Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad’s Redevelopment Agency has issued
a Negative Declaration, Major Redevelopment Permit, Coastal Development
Permit, and Tentative Tract Map by Housing and Redevelopment Commission
Resolution(s) No. 285, 286, 287, and 288 on the property. 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 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.
Onsite Conditions - Specific
23. The Developer shall construct trash receptacle and recycling areas as shown on the
site plan (Exhibit “B”) with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing and Redevelopment Director. Enclosure shall be of similar colors and/or
materials to the project to the satisfaction of the Housing and Redevelopment
Director.
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No outdoor storage of material shall occur onsite unless required by the Fire Chief,
When so required, the Developer shall submit and obtain approval of the Fire Chief anc
Housing and Redevelopment Director of an Outdoor Storage Plan, and thereaftel
comply with the approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward ana
avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 130 resident parking spaces,
19 guest parking spaces, and 29 retail parking spaces, as shown on Exhibit "B".
The developer shall design and install noise barriers on the balconies of
structures as recommended in the noise study prepared by Mestre Greve
Associates, dated May 11,2001, in order to satisfy noise level requirements.
ENGINEERING CONDITIONS
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
General
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is formally
established by the City.
Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the
tentative map and a digital copy of said map using NAD 83' reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
City engineer, reviewed and, if acceptable, signed by the City's project engineer and
project planner prior to submittal of the building plans, final map, improvement or
grading plans, whichever occurs first. The digital file copy shall be submitted in a
format as approved by the City Engineer.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
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FeedAqreements
6. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
7. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Gradinq
8. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
9. Upon completion of grading, Developer shall file an "as-graded'' geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based
on a contour map which represents both the pre and post site grading. The plan shall
be signed by both the soils engineer and the engineering geologist, and shall be
submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent
record.
10. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for
and obtain a grading permit from the City Engineer prior to issuance of a building permit
for the project.
Coastal Conditions
11. If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October 1". Grading activities shall be limited to the "dry season", April 1"
to October 1 st of each year. Grading activities may be extended to November 1 5Ih upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1''.
Dedications/lmurovements
12. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the final map and/or separate
recorded document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
13. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
DRB RES0 NO. 286 -10-
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Developer shall execute and record a City standard Subdivision Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the tentative map and the following improvements including,
but not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants and street
lights to City Standards to the satisfaction of the City Engineer.
A. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Carlsbad Boulevard.
B. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Christiansen Way to provide angled parking with appropriate
transitions to the satisfaction of the City Engineer.
C. Curb and gutter, sidewalk, paving, street lights, signing and striping on
Beech Avenue.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Carlsbad Boulevard shall be dedicated by Owner along the project frontage based on
a center line to right-of-way width of 54 feet and in conformance with City of Carlsbad
Standards.
Christiansen Way shall be dedicated by Owner along the project frontage based on a
center line to right-of-way width of 40 feet and in conformance with City of Carlsbad
Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the subdivision boundary.
The developer shall have the entire drainage system designed, submitted to and
approved by the City Engineer, to ensure that runoff resulting from IO-year frequency
storms of 6 hours and 24 hours duration under developed conditions, are equal to or
less than the runoff from a storm of the same frequency and duration under existing
developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired results.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Management Plan
(SWMP)”. The SWMP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWMP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
1) Identify existing and post-development on-site pollutants.
2) Recommend source control Best Management Practices (BMPs) to filter
said pollutants.
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3) Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on
the proper procedures for handling clean up and disposal of pollutants.
4) Ensure long-term maintenance of all post construction BMPs in perpetuity.
Special Enqineerinq Conditions
20. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the tentative map are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively.
MUNICIPAL WATER DISTRICT CONDITIONS
1.
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Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
The Developer shall design and construct public facilities within public right-of-way or
At the discretion of the District Engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall design and construct public water, sewer, and facilities substantially
as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed
public facilities shall be reflected on public improvement plans. The existing sewer in
Washington Street is lined, and a special design is required for the proposed
project connection.
The Developer shall provide separate potable water meters for each separately owned
unit.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, and sewer system shall be evaluated in detail to ensure that adequate
capacity, pressure, and flow demands can be met to the satisfaction of the District
Engineer.
BUILDING DEPARTMENT CONDITIONS
The following conditions shall apply to the storage units contained in Building 1 as part of a
common parking garage:
1. The walls separating the U-occupancies (storage closets) from the parking garage shall
be masonry construction. All cells shall be fully grouted.
DRB RES0 NO. 286 -12-
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Entry doors to the storage closets shall be metal frame, metal-door, listed 1% hour
assemblies that have an integral window for viewing inside the storage closets.
The entry doors to the closets shall be master keyed so that the HOA has access to
these areas for routine inspections. There shall be no electrical outlets within the
storage closets. There may be general lighting within the closet installed in conformance
with the National Electric Code.
Signage shall be installed at each closet door noting that storage of flammable liquids or
gasses is prohibited.
Fire extinguishers shall be installed at a minimum 100 feet travel distance throughout
the parking garage and storage closet areas.
Automatic fire protection in storage units shall be upgraded to quick response heads
and the fire sprinkler head for each closet shall be separated from the storage closet
with a chain link ceiling assembly which will prohibit storage above the ceiling level and
allow full operation of the sprinkler head and access to the light fixture for maintenance.
The storage closets shall be owned by and managed by the HOA. The HOA shall have
the responsibility and duty to ensure that all closets uses are limited to storage of
ordinary household goods, which are consistent with the operation of a dwelling unit.
There shall be no storage of flammable liquids or gases of any type in any type of
container.
There shall be gravity ventilation to the exterior from each individual storage closet.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees -
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
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. Developer shall exercise special care during the construction phase of this project to
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
prevent offsite siltation. Planting and erosion control shall be provided in accordance
of the City Engineer.
General
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.
DRB RES0 NO. 286 -13-
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Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in
conformance with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and
approval of the Housing and Redevelopment Director prior to installation of such
signs.
This approval shall expire twenty-four (24) months from the date this major
redevelopment permit approval becomes final.
This approval is granted subject to the approval of CDP 01-16 and CT 01-10 and is
subject to all conditions contained in Design Review Board Resolutions No. 287 and
288 for those other approvals incorporated by reference herein.
DRB RES0 NO. 286 -14-
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NOTICE
’ Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
i reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
If you protest them, you must follow the protest procedure set forth in Government Code
Section 66020(a), and file the protest and any other required information with the City Manager
for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
,
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 24’h day of June, 2002 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 286 -15-
SARAH MARQUEZ, VICE CHAIRPERSON
DESIGN REVIEW BOARD
Attachment A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 :
THAT PORTION OF BLOCK 5 OF CARLSBAD, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK DISTANT
THEREON 270.0 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER THEBOF,
SAID POINT BEING THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE
DEED TO HILLAND J. KELLY AND FRANCES K. KELLY, HUSBAND AND WIFE AS JOINT
TENANTS, RECORDED JULY 12, 1949 IN BOOK 3253, PAGE 425 OF OFFICIAL RECORDS,
THENCE SOUTHEASTERLY ALONG SAID LAND 120 FEET TO THE MOST SOUTHERLY
CORNER THEREOF, BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LAND AND ALONG THE SOUTHEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO ELEANOR MADDING, A SINGLE WOMAN,
RECORDED JANUARY 28, 1949 IN BOOK 3093, PAGE 161 OF OFFICIAL RECORDS, 170 FEET
TO THE SOUTHEASTERLY LINE OF WASHINGTON STREET; THENCE SOUTHEASTERLY
ALONG THE SOUTHWESTERLY LINE OF WASHINGTON STREET 80 FEET TO AN
INTERSECTION WITH A LINE THAT BEGINS AT A POINT ON THE NORTHEASTERLY LINE
OF SAID BLOCK, DISTANT THEREON 200.0 FEET NORTHWESTERLY FROM THE MOST
EASTERLY CORNER THEREOF AND RUNS SOUTHWESTERLY IN A STRAIGHT LINE TO A
POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON 200.0 FEET
SOUTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG SAID STRAIGHT LINE 170 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO W.N. KELLY, A SINGLE MAN,
RECORDED APRIL 5, 1949 IN BOOK 3161, PAGE 463 OF OFFICIAL RECORDS; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND 80 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
THE NORTHEASTERLY 60 FEET OF THE SOUTHEASTERLY 150 FEET OF BLOCK 5 OF
CARLSBAD, IN THE CITY OF CARLSBAD, COUNT,' 07 SAN DJEGO, STATE OF CALIFORNIA,
ACCORDJNG TO MAP THEREOF NO. 775 FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY FEBRUARY 15,1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 2, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 3:
THE NORTHEASTERLY 60 FEET OF THE NORTHWESTERLY 50 FEET OF THE
SOUTHEASTERLY 200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
PARCEL 4
THE SOUTHWESTERLY 40 FEET OF THE NORTHEASTERLY 160 FEET OF S0UTHEASTERL.Y
200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FEED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15,1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 4, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 5:
THE SOUTHWESTERLY 60.00 FEET OF THE NORTHEASTERLY 120.00 FEET OF SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 5, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 6
THE SOUTHWESTERLY 65.00 FEET OF THE NORTHEASTERLY 225.00 FEET OF SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST IO FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 6, WHICH
WILL REVERT WON VACATION BY OPERATION OF LAW.
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PARCEL 7
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CIYT OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DEGO COUNTY,
FEBRUARY 15,1894, DESCIUBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55’23’25’’ EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 55O23.25” EAST 20.00 FEET; THENCE SOUTH 3493’25” EAST 120.00 FEET, THENCE
NORTH 55’23’25’’ EAST 135.00 FEET, THENCE SOUTH 34”33’25” EAST 80.26; THENCE SOUTH
55’26’58’’ WEST 150.00 FEET; THENCE NORTH 34’33’25 WEST 200.10 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 8:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH 55”23’25” EAST 20.00 FEET; ALONG BEACH AVENUE TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 55’23’25’’ EAST, 95.00 FEET; THENCE SOUTH 34O38’25” EAST,
200.10 FEET; THENCE NORTH 55‘26’58” EAST, 100 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE PORTION OF SAID BLOCK 5 CONVEYED BY C.B.
BRENNERMAN TO HELEN R. KNOWLES BY DEED DATED FEBRUARY 17, 1899 AND RECORDED, IN BOOK 276, PAGE 200 OF DEEDS THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO KNOWLES FOR A DISTANCE OF 200
FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 5; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE 100 FEET; THENE NORTHWESTERLY AT RIGHT
ANGELS TO SAID SOUTHEASTERLY LINE 100 FEET; THENCE SOUTHWESTERLY 115 FEET
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 5 WHICH IS
100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAD BLOCK 5;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE 100 FEET; THENCE
NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 20 FEET TO THE
MOST SOUTHERLY CORNER OF PARCEL NUMBER 2 OF THE CITY OF CARLSBAD LOT
SPLIT MAP NO. 71, RECORDED FEBRUARY 20, 1969 AS FILE NO. 3364 OF OFFICIAL
RECORDS; THENCE NORTH 34”33’00” WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH THAT PORTION NORTHWESTERLY 10 FEET OF CHRISTIANSEN WAY
FORMERLY KNOWN AS CFDAR STREET ADJOINING SAID LOT 5 ON THE SOUTHEAST AS
VACATED AND ABANDONED TO PUBLIC USE BY RESOLUTION OF THE COUNTY BOARD
OF SUPERVISORS, A CERTIFIED COPY OF WHICH RECORDED OCTOBER 1,1986 AS FILE NO.
86-438978 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55”24’44” EAST, 115.43 FEET ALONG THE SOUTHEASTERLY BOUNDARY OF SAID BLOCK 5,
TO THE TRUE POINT OF BEGINNING.
THENCE CONTIUING NORTH 55’24’44’’ EAST, 99.60 FEET ALONG SAID SOUTHEASTERLY
BOUNDARY TO A POINT WHICH IS 225.75 FEET SOUTHWESTERLY FROM TEE MOST
EASTERLY CORNER OF SAID BLOCK 5; THENCE SOUTIi 34O35’38” EAST, 10.00 FEET;
THENCE SOUTH 55‘24’44” WEST, 99.60 FEET; THENCE NORTH 34’37’20” WEST, 10.00 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL 8A:
AN EASEMENT FOR ROAD AND PUBLIC UTILITIES AND APPURTENANCES THERETO,
OVER, UNDER ALONG AND ACROSS THE SOUTHWESTERLY 5 FEET OF THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF BLOCK 5, OF CARLSBAD IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, DISTANT THEREON 140 FEET
NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE
NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 60 FEET TO THE MOST
NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO CHARLES R. EYMANN, ET UX,
RECORDED AUGUST 13, 1963 AS FILE NO. 142211 OF OFFICIAL RECORDS; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID EYMANN’S LAND
PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTHWESTERLY ALONG
THE SOUTHEASTERLY LINE OF SAID EYMANN’S LAND AND THE SOUTHWESTERLY
PROLONGATION THEREOF PARALLEL WITH THE NORTHWESTERLY LINE OF SAID BLOCK
5, A DISTANCE OF 65 FEET TO A LINE DRAWN PARALLEL WITH AND 5 FEET
SOUTHWESTERLY MEASURED AT NGHT ANGLES TO THE SOUTHWESTERLY LINE OF
EYMANN’S LAND; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE PARALLEL
WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET TO THE
NORTHWESTERLY LINE OF SAID BLOCK 5; THENCE NORTHEASTERLY ALONG SAID
NORTHWESTERLY LINE 5 FEET OF THE POINT OF BEGINNING.
SAID EASEMENT IS APPURTENANT ONLY TO THE LAND DESCRIBED IN DEEDS
BOTH OF OFFICIAL RECORDS.
RECORDED JUNE 12, 1980 AS FILE NO. 80-187294 AND APRIL 21,1989 AS FILE NO. 89-210431,
87
Exhibit C
Design Review Board
Resolution No. 287
(CDP 01 -1 6)
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DESIGN REVIEW BOARD RESOLUTION NO. 287
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
COASTAL DEVELOPMENT PERMIT CDP 01-16 FOR A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF SIXTY-FIVE (65)
CONDOMINIUM UNITS AND 8,662 SQ. FT. OF RETAIL SHOPS ON
PROPERTY LOCATED BETWEEN CARLSBAD BLVD., WASHINGTON
ST., CHRISTIANSEN WAY, AND BEECH AVE. IN LAND USE DISTRICT
1 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: VILLAGE BY THE SEA
APN:
CASE NO.: 203-172-06, 07, 08, 11, 12, 16,21 & 23
CDP 01 -1 6
WHEREAS, Anastasi Development Company, LLC, “Developer”, has filed a
verified application with the Redevelopment Agency of the City of Carlsbad regarding property it
owns and known as Assessor Parcel Numbers 203-172-06,07,08,11,12,16,21 & 23, and
more thoroughly described in Attachment A, (“‘the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A-Y” dated June 24, 2002, on file in the Housing
and Redevelopment Department, “Village By The Sea RP 01-06KDP 01-16KT 01-10” as
provided by Chapter 21 .81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24‘h day of June 2002, 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 all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of Village By The Sea CDP 01-16 based on the
following findings and subject to the following conditions:
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Findinqs:
1. That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and
Design Manual, which serve as the Certified Local Coastal Program for the City of
Carlsbad Segment of the California Coastal Zone and all applicable policies in that
the development does not obstruct views or otherwise damage the visual beauty
of the coastal zone, and no agricultural activities, sensitive resources, geological
instability exist on the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the development will not alter physical or visual access to
the shore.
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
exist within the proposed construction area, all grading will conform to the City’s
erosion control standards, and the site is not prone to landslides or susceptible
to accelerated erosion, floods, or liquefaction.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
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3.
4.
5.
of building permits.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
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 City’dAgency’s approval of this Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development different from this approval, shall require an amendment to
this approval.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36, mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
This approval is granted subject to the approval of RP 01-06 and CT 01-10 and is
subject to all conditions contained in Design Review Board Resolutions No. 286 and
288 for those other approvals and incorporated by reference herein.
The applicant shall apply for and be issued building permits for this project within twenty-
four (4) months of approval or this coastal development permit will expire unless
extended per Section 2i.81.160 of the Carlsbad Munic/pal Code.
DRB RES0 NO. 287 -2- 90
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6.
7.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
If a Grading Permit is required, all grading activities shall be planned in units that can be
completed by October I". Grading activities shall be limited to the "dry season", April 1"
to October 1'' of each year. Grading activities may be extended to November 15th upon
written approval of the City Engineer, obtained in advance, and only if all erosion control
measures are in place by October 1 'I.
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these feedexactions If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feeslexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 241h day of June, 2002, by the
following vote, to wit:
AYES:
NOES:
ABSENT
ABSTAIN:
ATTEST:
SARAH MARQUEZ, VICE CHAIRPERSON
DESIGN REVIEW BOARD
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 287 -3-
Attachment A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE ST
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
ATE OF CA LIFORNIA, COUNTY
THAT PORTION OF BLOCK 5 OF CARLSBAD, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FEED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK DISTANT
THEREON 270.0 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF,
SAID POINT BEING THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE
DEED TO HILLAND J. KELLY AND FRANCES K. KELLY, HUSBAND AND WIFE AS JOINT
TENANTS, RECORDED JULY 12, 1949 IN BOOK 3253, PAGE 425 OF OFFICIAL RECORDS, THENCE SOUTHEASTERLY ALONG SAID LAND 120 FEET TO THE MOST SOUTHERLY
CORNER THEREOF, BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG THE SOUTIlEASTERLY LINE OF SAID LAND AND ALONG THE SOUTHEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO ELEANOR MADDING, A SINGLE WOMAN,
RECORDED JANUARY 28, 1949 IN BOOK 3093, PAGE 161 OF OFFICIAL RECORDS, 170 FEET
TO THE SOUTHEASTERLY LINE OF WASHINGTON STREET; THENCE SOUTHEASTERLY
ALONG THE SOUTHWESTERLY LME OF WASHINGTON STREET 80 FEET TO AN
INTERSECTION WITH A LINE THAT BEGINS AT A POINT ON THE NORTHEASTERLY LINE
OF SAID BLOCK, DISTANT THEREON 200.0 FEET NORTHWESTERLY FROM THE MOST
EASTERLY CORNER THEREOF AND RUNS SOUTHWESTERLY IN A STRAIGHT LINE TO A
POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON 200.0 FEET
SOUTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG SAID STRAIGHT LINE 170 FEET TO THE MOST SOUTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO W.N. KELLY, A SINGLE MAN,
RECORDED APRIL 5, 1949 IN BOOK 3 161, PAGE 463 OF OFFICIAL RECORDS; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND 80 FEET TO THE
TRW POINT OF BEGINNING.
PARCEL 2:
THE NORTHEASTERLY 60 FEET OF THE SOUTHEASTERLY 150 FEET OF BLOCK 5 OF
CARLSBAD, IN THE CITY OF CARLSBAD, COUNT: 07 SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 775 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY FEBRUARY 15,1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 2, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
sa
PARCEL 3:
THE NORTHEASTERLY 60 FEET OF THE NORTHWESTERLY 50 FEET OF THE
SOUTHEASTERLY 200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEEOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
PARCEL 4:
THE SOUTHWESTERLY 40 FEET OF THE NORTHEASTERLY 160 FEET OF SOUTHEASTERLY
200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15,1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 4, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 5:
THE SOUTHWESTERLY 60.00 FEET OF THE NORTHEASTERLY 120.00 FEET OF
SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 5, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 6:
THE SOUTHWESTERLY 65.00 FEET OF THE NORTHEASTERLY 225.00 FEET OF
SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COW RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 6, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 7:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CIYT OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO, 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
S5”23’25” EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 55”23’25” EAST 20.00 FEET; THENCE SOUTH 34”33’25” EAST 120.00 FEET, THENCE
NORTH 55”23’2S” EAST 135.00 FEET, THENCE SOUTH 34O33’25” EAST 80.26; THENCE SOUTH
55”26’58” WEST 150.00 FEET; THENCE NORTH 34”33’25 WEST 200.10 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 8:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775,
15, 1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55”23’25” EAST 20.00 FEET; ALONG BEACH AVENUE TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 55”23’25” EAST, 95.00 FEET; THENCE SOUTH 34”38’25” EAST,
200.10 FEET; THENCE NORTH 55”26’58” EAST, 100 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF THE PORTION OF SAID BLOCK 5 CONVEYED BY C.B.
BRENNERMAN TO HELEN R. KNOWLES BY DEED DATED FEBRUARY 17, I899 AND RECORDED, IN BOOK 276, PAGE 200 OF DEEDS THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO KNOWLES FOR A DISTANCE OF 200
FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 5; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE 100 FEET; THENE NORTHWESTERLY AT RIGHT
ANGELS TO SAID SOUTHEASTERLY LINE 100 FEET; THENCE SOUTHWESTERLY 115 FEET
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAD BLOCK 5 WHICH IS
100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 5;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE 100 FEET; THENCE
NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 20 FEET TO THE
MOST SOUTHERLY CORNER OF PARCEL NUMBER 2 OF THE CITY OF CARLSBAD LOT
SPLIT MAP NO. 71, RECORDED FEBRUARY 20, 1969 AS FILE NO. 3364 OF OFFICIAL
RECORDS; THENCE NORTH 34’33’00’’ WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH THAT PORTION NORTHWESTERLY 10 FEET OF CHRISTIANSEN WAY
FORMERLY KNOWN AS EDAR STREET ADJOINING SAID LOT 5 ON THE SOUTHEAST AS
VACATED AND ABANDONED TO PUBLIC USE BY RESOLUTION OF THE COUNTY BOARD
OF SUPERVISORS, A CERTIFIED COPY OF WHICH RECORDED OCTOBER 1,1986 AS FILE NO.
86-438978 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 5; THENCE NORTH
TO THE TRUE POINT OF BEGINNING.
55”24’44”EAST, 115.43 FEET ALONG THE SOUTHEASTERLY BOUNDARY OF SAID BLOCK 5,
THENCE CONTIUING NORTH 55”24’44” EAST, 99.60 FEET ALONG SAID SOUTHEASTERLY
BOUNDARY TO A POINT WHICH IS 225.75 FEET SOUTHWESTERLY FROM TEE MOST
EASTERLY CORNER OF SAID BLOCK 5; THENCE SOUTIi 34”35’38” EAST, 10.00 FEET;
THENCE SOUTH 55’24’44’’ WEST, 99.60 FEET; THENCE NORTH 34”37’20” WEST, 10.00 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL SA.
AN EASEMENT FOR ROAD AND PUBLIC UTILITIES AND APPURTENANCES THERETO,
OVER, UNDER ALONG AND ACROSS THE SOUTHWESTERLY 5 FEET OF THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF BLOCK 5, OF CARLSBAD IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, DISTANT THEREON 140 FEET
NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE
NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 60 FEET TO THE MOST
NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO CHARLES R. EYMANN, ET UX,
RECORDED AUGUST 13, 1963 AS FILE NO. 14221 1 OF OFFICIAL RECORDS; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID EYMANN’S LAND
PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET
TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTHWESTERLY ALONG
PROLONGATION THEREOF PARALLEL WITH THE NORTHWESTERLY LINE OF SAID BLOCK
THE SOUTHEASTERLY LINE OF SAID EYMANN’S LAND AND THE SOUTHWESTERLY
5, A DISTANCE OF 65 FEET TO A LINE DRAWN PARALLEL WITH AND 5 FEET
SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO THE SOUTHWESTERLY LNE OF
EYMANN’S LAND; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE PARALLEL
WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET TO THE
NORTHWESTERLY LINE OF SAID BLOCK 5; THENCE NORTHEASTERLY ALONG SAID
NORTHWESTERLY LINE 5 FEET OF THE POINT OF BEGINNING.
SAID EASEMENT IS APPURTENANT ONLY TO THE LAND DESCRIBED IN DEEDS
RECORDED JUNE 12, 1980 AS FILE NO. 80-187294 AND APRIL 21, 1989 AS FILE NO. 89-210431,
BOTH OF OFFICIAL RECORDS.
Exhibit D
Design Review Board
Resolution No. 288
(CT 01 -1 0)
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DESIGN REVIEW BOARD RESOLUTION NO. 288
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
CARLSBAD TRACT NUMBER CT 01-10 TO SUBDIVIDE 2.83 ACRES
RETAIL SHOPS ON PROPERTY LOCATED BETWEEN CARLSBAD
BLVD., WASHINGTON ST., CHRISTIANSEN WAY, AND BEECH AVE.
AND IN LOCAL FACILITIES ZONE 1.
IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT AREA
INTO SIXTY-FIVE (65) CONDOMINIUM UNITS AND 8,662 SQ. FT. OF
CASE NAME: VILLAGE BY THE SEA
CASE NO.: CT01-10
WHEREAS, Anastasi Development Company, LLC, “Developer”, has filed a
verified application with the Housing and Redevelopment Agency of the City of Carlsbad
regarding property it owns, known as Assessor Parcel Numbers 203-172-06, 07, 08, 11, 12,
16,21 & 23 and more thoroughly described in Attachment A (“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “C-F” dated June 24, 2002, on file in the Housing and
Redevelopment Department as “Village By The Sea RP Ol-OG/CDP 01-16/CT 01-10”, as
provided by Chapter 20.12.015 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 24‘h day of June, 2002, 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 Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad 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 Village By The Sea CT 01-10, based on
the following findings and subject to the following conditions:
FINDINGS:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, the s7
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2.
3.
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6.
7.
Village Redevelopment Plan and the Carlsbad Village Redevelopment Master Plar
and Design Manual, Titles 20 and 21 of the Carlsbad Municipal Code, and the Stah
Subdivision Map Act, and will not cause serious public health problems.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are located within Land Use District 1 of the Village
Redevelopment Area and the intent of the Village Master Plan is to provide for a
gradual transition in this district to a mix of higher quality commercial and
residential uses.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed, in that the development is consistent with the RH density
designation which has been assigned to the property based on the following
findings:
a. The density is compatible with the surrounding area which contains a
variety of uses such as residential, commercial office, retail, a residential
care facility, and a private school with on-site residents. Residential uses
in the area range from single family residential to multi-family residential.
The RH General Plan density designation allows for the construction of a
project that is compatible with the mixture of surrounding uses in terms 01
size, scale, and overall density cale.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village.
c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 1 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
Station).
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the property has frontage on Carlsbad Boulevard, Washington Street, Beech
Avenue and Christiansen Way and there are no easements granting access
through the property to others.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision.
That the Design Review Board has considered, in connection with the housing
proposed by this subdivision, the housing needs of the region, and balanced those
housing needs against the public service needs of the City and available fiscal and
environmental resources.
DRB RES0 NO. 288 -2-
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8.
9.
10.
11.
12.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that a Negative Declaration has been prepared in accordance with the
requirements of the California Environmental Quality Act, the State Guidelines
and the Environmental Protection Procedures of the City of Carlsbad. 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.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit.
The Design Review Board finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, the Village Redevelopment
Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated June 24, 2002 including, but not limited to the following: the
project will provide for a permitted mixed-use development (multi-family
residential and retail commercial) in an appropriate location within Land Use
District 1 of the Village Redevelopment Area.
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.
b.
C.
d.
e.
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 or otherwise satisfied to ensure the
availability of school facilities in the Carlsbad Unified School District.
Park-in-lieu fees are required as a condition of approval.
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 a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
DIU3 RES0 NO. 288 -3-
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13. This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 1.
CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
1.
2.
3.
4.
final map or the issuance of building permits, whichever occurs first.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the Redevelopment Agency/City
shall have the right to revoke or modify all approvals herein granted; deny or further
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 City's approval of this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Tentative Tract Map documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
approval.
The Developer shall submit to the Agency a reproducible 24" x 36, mylar copy of the
(Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
..
Final MaD Notes
5. Developer shall show on Final Map the net developable acres for each parcel.
6. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1. Sewer mains
2. Water mains and fire hydrants
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad from
DRB RES0 NO. 288 -4- loo
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any action that may arise through any geological failure, ground water
seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or
maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Standard Code Reminders
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This approval shall expire twenty-four (24) months from the date this tentative map
approval becomes final unless extended per Section 20.12.100 of the Carlsbad
Municipal Code.
This approval is granted subject to the approval of RP 01-06 and CDP 01-16 and is
subject to all conditions contained in Design Review Board Resolutions No. 286 and
287 for those other approvals and incorporated by reference herein.
DRB RES0 NO. 288 -5-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications
reservations, or other exactions hereafter collectively referred to for convenience at
“feecdexactions.”
You have 90 days from [insert date of approval] to protest imposition of these fees/exactions. I
you protest them, you must follow the protest procedure set forth in Government Code Sectior
66020(a), and file the protest and any other required information with the City Manager fol
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to time11
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, 01
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning:
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giver
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 24“ day of June, 2002 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SARAH MARQUEZ, VICE CHAIRPERSON
DESIGN REVIEW BOARD
ATTEST
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
11 DRB RES0 NO. 288 -6-
Attachment A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO. AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF BLOCK 5 OF CARLSBAD, ACCORDING TO AMENDED MAP THEREOF
NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK DISTANT
THEREON 270.0 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF,
SAID POINT BEING THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE
DEED TO HILLAND J. KELLY AND FRANCES K. KELLY, HUSBAND AND WIFE AS JOINT
TENANTS, RECORDED JULY 12, 1949 IN BOOK 3253, PAGE 425 OF OFFICIAL RECORDS,
CORNER THEREOF, BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY
THENCE SOUTHEASTERLY ALONG SAID LAND 120 FEET TO THE MOST SOUTHERLY
ALONG THE SOUTHEASTERLY LlNE OF SAID LAND AND ALONG THE SOUTHEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO ELEANOR MADDING, A SINGLE WOMAN,
RECORDED JANUARY 28, 1949 IN BOOK 3093, PAGE 161 OF OFFICIAL RECORDS, 170 FEET TO THE SOUTHEASTERLY LINE OF WASHINGTON STREET; THENCE SOUTHEASTERLY
ALONG THE SOUTHWESTERLY LINE OF WASHINGTON STREET 80 FEET TO AN
INTERSECTION WITH A LINE THAT BEGINS AT A POINT ON THE NORTHEASTERLY LINE
OF SAID BLOCK, DISTANT THEREON 200.0 FEET NORTHWESTERLY FROM THE MOST
EASTERLY CORNER THEREOF AND RUNS SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON 200.0 FEET
SOUTHEASTERLY FROM THE MOST WESTERLY CORNER THEREOF; THENCE
SOUTHWESTERLY ALONG SAID STRAIGHT LINE 170 FEET TO THE MOST SOUTHERLY
CORNER OF THE LAND DESCRIBED IN THE DEED TO W.N. KELLY, A SINGLE MAN,
RECORDED APRIL 5, 1949 IN BOOK 31 61, PAGE 463 OF OFFICIAL RECORDS; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND 80 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
THE NORTHEASTERLY 60 FEET OF THE SOUTHEASTERLY 150 FEET OF BLOCK 5 OF
CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY 07 SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 775 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY FEBRUARY 15,1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 2, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 3:
THE NORTHEASTERLY 60 FEET OF THE NORTHWESTERLY 50 FEET OF THE
SOUTHEASTERLY 200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
PARCEL 4:
THE SOUTHWESTERLY 40 FEET OF THE NORTHEASTERLY 160 FEET OF SOUTHEASTERLY
200 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FEED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15,1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOWING THE ABOVE DESCRIBED PARCEL 4, WHICH
WILL REVERT WON VACATION BY OPERATION OF LAW.
PARCEL 5:
THE SOUTHWESTERLY 60.00 FEET OF THE NORTHEASTERLY 120.00 FEET OF
SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 5, WHICH WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 6:
THE SOUTHWESTERLY 65.00 FEET OF THE NORTHEASTERLY 225.00 FEET OF SOUTHEASTERLY 200.00 FEET OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15,
1894.
TOGETHER WITH THAT PORTION OF THE NORTHWEST 10 FEET OF CHRISTIANSEN WAY
LYING SOUTHEASTERLY OF AND ADJOINING THE ABOVE DESCRIBED PARCEL 6, WHICH
WILL REVERT UPON VACATION BY OPERATION OF LAW.
PARCEL 7:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CIYT OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,
FEBRUARY 15,1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55O23’25” EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 55O23’25” EAST 20.00 FEET; THENCE SOUTH 34”33’25” EAST 120.00 FEET, THENCE
NORTH 55”23’25” EAST 135.00 FEET, THENCE SOUTH 34”33’25” EAST 80.26; THENCE SOUTH
55”26’58” WEST 150.00 FEET; THENCE NORTH 34”33’25 WEST 200.10 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 8:
ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
15,1894, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55’23’25’’ EAST 20.00 FEET; ALONG BEACH AVENUE TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 55”23’25” EAST, 95.00 FEET; THENCE SOUTH 34”38’25” EAST,
200.10 FEET; THENCE NORTH 55”26’58” EAST, 100 FEET MORE OR LESS TO THE
NORTHWEST CORNER OF THE PORTION OF SAID BLOCK 5 CONVEYED BY C.B.
BRENNERMAN TO HELEN R. KNOWLES BY DEED DATED FEBRUARY 17, 1899 AND RECORDED, IN BOOK 276, PAGE 200 OF DEEDS THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO KNOWLES FOR A DISTANCE OF 200
FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 5; THENCE S0UTHWESTERL.Y
ALONG SAID SOUTHEASTERLY LINE 100 FEET; THENE NORTHWESTERLY AT RIGHT
ANGELS TO SAID SOUTHEASTERLY LINE 100 FEET; THENCE SOUTHWESTERLY 115 FEET
MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 5 WHICH IS
100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 5;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE 100 FEET; THENCE
NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 20 FEET TO THE
MOST SOUTHERLY CORNER OF PARCEL NUMBER 2 OF THE CITY OF CARLSBAD LOT
SPLIT MAP NO. 71, RECORDED FEBRUARY 20, 1969 AS FILE NO. 3364 OF OFFICIAL
RECORDS; THENCE NORTH 34”33’00” WEST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER WITH THAT PORTION NORTHWESTERLY 10 FEET OF CHRISTIANSEN WAY
FORMERLY KNOWN AS CZDAR STREET ADJOINING SAID LOT 5 ON THE SOUTHEAST AS
VACATED AND ABANDONED TO PUBLIC USE BY RESOLUTION OF THE COUNTY BOARD
OF SUPERVISORS, A CERTIFIED COPY OF WHICH RECORDED OCTOBER 1,1986 AS FILE NO.
86-438978 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 5; THENCE NORTH
55”24’44” EAST, 115.43 FEET ALONG THE SOUTHEASTERLY BOUNDARY OF SAID BLOCK 5,
TO THE TRUE POINT OF BEGINNING.
THENCE CONTNING NORTH 55”24’44” EAST, 99.60 FEET ALONG SAID SOUTHEASTERLY
BOUNDARY TO A POINT WHICH IS 225.75 FEET SOUTHWESTERLY FROM TEE MOST
EASTERLY CORNER OF SAID BLOCK 5; THENCE SOUTE 34”35’38” EAST, 10.00 FEET;
THENCE SOUTH 55O24’44” WEST, 99.60 FEET; THENCE NORTH 34”37’20” WEST, 10.00 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL SA:
AN EASEMENT FOR ROAD AND PUBLIC UTILITIES AND APPURTENANCES THERETO,
OVER, UNDER ALONG AND ACROSS THE SOUTHWESTERLY 5 FEET OF THE FOLLOWING
DESCRIBED LAND:
BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF BLOCK 5, OF CARLSBAD IN
TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COW RECORDER
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, DISTANT THERFiON 140 FEET
NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE
NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 60 FEET TO THE MOST
NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO CHARLES R. EYMANN, ET UX,
RECORDED AUGUST 13, 1963 AS FILE NO. 142211 OF OFFICIAL RECORDS; THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID EYMANN’S LAND
TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTHWESTERLY ALONG
PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET
THE SOUTHEASTERLY LINE OF SAID EYMANN’S LAND AND THE SOUTHWESTERLY
PROLONGATION THEREOF PARALLEL WITH THE NORTHWESTERLY LINE OF SAID BLOCK
5, A DISTANCE OF 65 FEET TO A LINE DRAWN PARALLEL WITH AND 5 FEET
SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF
EYMANN’S LAND; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE PARALLEL
WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET TO THE
NORTHWESTERLY LINE OF SAID BLOCK 5; THENCE NORTHEASTERLY ALONG SAID
NORTHWESTERLY LINE 5 FEET OF THE POINT OF BEGINNING.
SAID EASEMENT IS APPURTENANT ONLY TO THE LAND DESCRIBED IN DEEDS
BOTH OF OFFICIAL RECORDS.
RECORDED JUNE 12, 1980 AS FILE NO. 80-187294 AND APRIL 21, 1989 AS FILE NO. 89-210431,
Exhibit E
Location Map
SI
VILLAGE BY THE SEA
RP 01 -O6/CT 01-1 O/CDP 01-1 6
Exhibit F
Village Master Plan
Design Guidelines
VILLAGE MASTER PLAN DESIGN GUIDELINES
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
Dedestrian walkwavs.
Emphasize an abundance of landscaping planted to
:reate an informal character.
Treat structures as individual buildings set within a
;andscaped green space, except for buildings fronting on:
Sarlsbad Village Drive, State Street, Grand Avenue,
Sarlsbad Boulevard and Roosevelt Street.
Provide landscaping within surface parking lots
'rovide access to parking areas from alleys wherever
Jossible.
-ocate parking at the rear of lots.
levote all parking lot areas not specifically required for
larking spaces or circulation to landscaping.
4void parking in front setback areas.
Project: Village By The Sea
A variety of setbacks are proposed along
Christiansen Way, Washington St., Beech Ave.,
and Carlsbad Blvd. The adjacent residential and
commercial properties also provide for varying
setbacks along all streets.
Benches are provided along Washington St. and
low walls are provided in selective areas along the
other street frontages.
Retail shops are proposed along Carlsbad Blvd.,
which serves to maintain the retail continuity along
this pedestrian-oriented frontage.
Not applicable.
The project minimizes the loss of privacy for the
adjacent residential use to the south by providing
driveways rather than units adjacent to these
residences. The trash enclosures are also located
away from the adjacent residential uses.
Not applicable.
Landscaped areas along all sides of the buildings
except along Carlsbad Blvd., will provide for an
informal characterketting.
Landscaping will be provided along all sides of the
buildings except along Carlsbad Blvd, which will
have street trees and potted plants conducive to a
retail area.
Surface parking is provided for retail customers
and tenant guests and is surrounded by landscape
strips.
The property does not abut an alley.
Homeowner parking is located within a fully
enclosed parking structure and separate garages.
Parking for guests and retail customers is
distributed on surface parking in locations
throughout the site and fully screened by low walls
and landscaping.
All areas not required for parking spaces and
driveway aisles have been landscaped.
No parking is provided in the front setback area.
\ \r
Design Guidelines -Village by the Sea
Page 2
Avoid curb cuts along major pedestrian areas.
I Avoid parking in block corner locations.
Provide setbacks and landscaping between any parking
lot and adjacent sidewalks, alleys or other paved
pedestrian areas.
Avoid buildings which devote significant portions of their
ground floor space to parking uses.
Place parking for commercial or larger residential
projects below grade wherever feasible.
Enhance parking lot surfaces.
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.
Step taller buildings back at upper levels.
Break large buildings into smaller units.
H Maintain a relatively consistent building height along
block faces.
Utilize simple building forms. Trendy and "look at me"
design solutions are strongly discouraged.
No curb cuts are proposed along Carlsbad Blvd
Single curb cuts are provided on Washington St.
Christiansen Way, and Beech Ave.
All parking is screened or hidden from public viev
and no open parking is provided in block corne
locations.
Parking for the proposed project is completel)
screened from public view by being integrated intc
internal portions of the property. Retail custome
and guest parking spaces are located off the drivt
aisles at the Beech Ave. and Washington St
entrances and are screened by landscaping withir
a setback area.
Although all of the parking for Building 1 (along
Washington St) is located at ground level within E
fully enclosed parking structure, architectura
details such as ornamental wrought iron, stont
veneer, and clay tile screens have been added tc
enhance the pedestrian-orientation along
Washington St. Furthermore, extensive
landscaping is provided along the Washington St,
frontage. These types of fully enclosed parking
structures are an important design concept in the
Village.
The majority of the parking for the project is
located partially below grade and is not visible
from the exterior of the site.
Enhanced paving is provided all entry drives to the
project.
The buildings have been designed specifically fol
the unique layout of the property and topography.
The buildings provide for articulation on all sides,
varying setbacks, and other architectural features
which provide for a unique character.
Architectural features and relief appears to step
the upper level of the buildings back.
The buildings on-site have been broken up to
avoid large massing of buildings.
The height of the buildings is relatively consistent
although the site has some topography variety.
The buildings have been designed with simple
lines and forms but allows for representation of the
traditional Village character desired for the area.
The buildings are not trendy in design.
I\ \
Design Guidelines - Village by the Sea
Page 3
Emphasize the use of gable roofs with slopes of 5:12 o
greater.
Encourage the use of dormers in gable roofs.
Emphasize wood and composition shingle roofs, with thc
exception that in the Land Use District 5 clay tile roofs
are acceptable.
4void flat roofs
Screen mechanical equipment from public view.
4void mansard roof forms.
Emphasize an informal architectural character. Building
'acades should be visually friendly.
3esign visual interest into all sides of buildings.
Jtilize small individual windows except on commercial
itorefronts.
'rovide facade projections and recesses.
jive special attention to upper levels of commercial
itructures.
'rovide special treatment to entries for upper level uses.
Jtilize applied surface ornamentation and other detail
!dements for visual interest and scale.
Gable-type roofs and roof elements with
consistent pitches have been provided within the
project.
Dormers have been incorporated into the gable
roofs.
The project provides S-concrete and flat concrete
tile roof styles which are consistent with the
architectural design intended for the project as
well as other proiects in the area.
The project avoids visible flat roofs.
The screening of mechanical equipment will be a
requirement of the proiect.
The project avoids mansard roofs.
By providing for quality building materials,
attractive facades and significant landscaping, the
project is very visually appealing. Visual interest is
added to the building through architectural
features.
The design of the building incorporates design
elements into all building facades, thereby
enhancing the visual interest. The project makes
good use vertical features, wood accents and trim,
varying rooflines, balconies, patios and
IandscaDina.
The proposed project provides for windows in
various styles that are appropriate to both the
residential and commercial components of the
project and consistent with the Village character.
The building design provides for recesses and
projections which will create shadows and
contrast.
The commercial aspect of the proposed project is
on the first floor only.
The upper levels of this building will be accessed
through internal stairways. Therefore, no special
treatment of upper level use entries is necessary.
Stone veneer, wood siding, and wood trellises
have been incorporated at the first floor level. The
upper levels utilize French doors, steel and wood
railings, stucco windowsills, corbels under the
balconies, wood trellises, shudders, and fabric
awnings.
Design Guidelines -Village by the Sea
Page 4
Respect the materials and character of adjacent
development.
Emphasize the use of the following wall materials: wood
siding; wood shingles; wood board and batten siding; and
stucco.
Avoid the use of the simulated materials; indoor/outdoor
carpeting; distressed wood of any type
Avoid tinted or reflective window glass.
Utilize wood, dark anodized aluminum or vinyl coated
metal door and window frames.
Avoid metal awnings and canopies.
Utilize light and neutral base colors.
Limit the materials and color palette on 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.
'rovide frequent entries.
-imit the extent of entry openings.
4void exterior pull down shutters and sliding or fixed
security grilles over windows along street frontages.
Zmphasize storefront entries.
ntegrate fences and walls into the building design.
-
Encourage front entry gardens
The materials and colors proposed for the buildin!
will not conflict with adjacent developments.
The exterior walls utilize a textured stucco finish o
neutral color and exposed wood fascias, beat?
rafter tails, and exposed wood trellises.
None of these materials are proposed.
The windows are clear glass.
Vinyl coated windows and doors are proposed.
Fabric awnings are proposed.
The project utilizes a light and neutral colo~
scheme.
The project incorporates 3 main colors.
Retail storefront glazing is extensive.
Large blank walls are not proposed.
Not applicable.
Fabric awnings are proposed.
Special lighting is proposed in retail display
windows.
Project design does not lend itself to the use of
dutch doors.
Small paned windows are utilized.
Design of residential and commercial components
of the mixed-use project are harmonious.
Frequent entries are proposed.
The extent of entry openings is limited.
These features are not proposed.
Storefront entries are emphasized.
Fences and walls are integrated into the overall
xoject design.
-andscaping is proposed along street frontages to
Design Guidelines - Village by the Sea
Page 5
Locate residential units near front property lines and
orient entries to the street.
Provide front entry porches.
Provide windows looking out to the street.
Utilize simple color schemes.
Provide decorative details to enrich facades.
Emphasize "cottage" form, scale and character.
Emphasize an abundance of landscaping.
Limit access drives to garages or surface parking areas.
Encourage detached garages which are subordinate in
rlisual importance to the house itself.
Provide quality designed fences and walls.
disually separate multi-family developments into smaller
:omoonents.
contribute to the overall visual quality of the
neighborhood. Ample room is available on the
balconies for residents to incorporate flower boxes
and landscape planters on the upper levels.
Residential units along Christiansen Way have
been oriented with extensive patios and front
entries facing the street.
The residential units along Christiansen Way
include extensive front patio areas adjacent to the
street.
Windows and balconies look out onto all adjacent
streets.
A neutral base color (stucco) with a darker color
trim (wood fascias, rafter tails, trellises) is utilized.
Decorative design elements such as stone veneer,
wood trellises, and decorative light fixtures have
been incorporated at the first floor level. The
upper levels utilize French doors, stucco
windowsills, corbels under the balconies, wood
trellises, and exposed rafter tails.
Street facades have balconies, gabled roofs, and
architectural details to enhance the Village
character.
An abundance of landscaping is provided in highly
visible portions of the project.
Only four access drives are proposed for the
project. Surface parking areas are strictly limited.
Not applicable.
Low stucco walls with stone veneer to match the
facade of the building are incorporated along the
frontage of the project to breakup the ground floor
and screen guest parking.
The proposed project includes several separate
building components.
Exhibit G
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Reduced Plans
Exhibits “A-Y”
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Exhibit 4
“Draft” DRB Minutes
June 24,2002
DRAFT
Minutes of: DESIGN REVIEW BOARD
Time of Meeting: 6:OO P.M. Date of meeting:
Place of Meeting:
JUNE 24,2002 CITY COUNCIL CHAMBERS
CALL TO ORDER Vice Chairperson Marquez called the Regular Meeting to order at 6:OO p.m.
PLEDGE OF ALLEGIANCE
Vice Chairperson Marquez asked Board Member Pauisen to lead in the pledge of allegiance.
ROLL CALL Vice Chairperson Marquez proceeded with the roll call of Board Members.
Present: Board Members: Julie Baker
Larry Paulsen
Courtney Heineman
Vice Chairperson: Sarah Marquez
Absent Board Member: Tony Lawson
Staff Present: Housing and Redevelopment Director: Debbie Fountain Management Analyst: Lori Rosenstein
Project Engineer: Glen Van Peski
Assistant City Attorney: Jane Mobaldi
APPROVAL OF MINUTES
April 29, 2002 Minutes:
Larry Paulsen noted on page 8, about two-thirds of the way down that the paragraph ends in the word “swell” which should be “swale”.
ACTION: Motion by Board Member Paulsen, and duly seconded by Board Member Heineman to accept the Minutes of April 29, 2002 with the above noted
correction.
VOTE: 4-0-0
AYES Marquez, Heineman, Paulsen and Baker
NOES:
ABSTAIN:
None
None
Vice Chairperson Marquez reviewed the procedures that would be followed for this public hearing.
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA
There were no comments from the audience.
NEW BUSINESS
Vice Chairperson Marquez proceeded with Agenda Item No. 1, RP Ol-OG/CDP 01-16/CT 01-10 -
Request for a Major Redevelopment Permit; Coastal Development Permit and Tentative Tract
sq. ft. of retail shops, on an accumulation of eight existing parcels located between Carlsbad
Map to allow the construction of a mixed-use sixty-five (65) unit condominium project and 8,662
DESIGN REVIEW BOARD MINUTES
PAGE 2 of 10
JUNE 24,2002
Boulevard and Washington Street, and Christiansen Way and Beech Avenue in Land Use District 1 of the Carlsbad Village Redevelopment Area.
She stated that because of her conflict of interest with the item, she would pass the gavel to
Courtney Heineman who would proceed with the meeting.
Ms. Mobaldi pointed out that this item would take a unanimous vote of all three of the Board
Members either in favor or against in order to take any action tonight.
Board Member Heineman stated that the applicant should be informed of this before they
to consider this item and that there must be a favorable vote from all three in order to have the
proceed. He re-stated to the applicant that there are just three Design Review Board Members left
out of the five Board Members, that he has the right to ask for a continuance and proceed with the
item approved. He further stated that if the applicant wishes to wait for a full Board or at least four
presentation at a later date. He asked the applicant how he would like the Board to proceed at this
time.
The applicant replied that he would like to proceed knowing that there are only three Board
Members present.
the staff report.
Board Member Heineman opened the public hearing and introduced Lori Rosenstein to present
Ms. Rosenstein reported the following to the remaining Board Members:
The Anastasi Development Company is requesting a Major Redevelopment Permit, Coastal
development project consisting of sixty-five (65) condominium units and 8,662 square feet of retail Development Permit, and Tentative Tract Map to allow the construction of a mixed-use
space on Carisbad Boulevard. The subject property is bordered by Carlsbad Blvd. to the west,
Washington Street. to the east, Christiansen Way to the south, and Beech Ave. to the north. A
majority of the 2.83 acre site is presently vacant with a few residential units in various stages of
demolition located along Christiansen Way and Washington Street. Adjacent properties along
Carlsbad Boulevard and Christiansen Way are two existing retail shops (Salty Sister Surfwear and
Beech Avenue include two single-family residences and a triplex. On the adjacent corner of
Carlsbad Paddle Sports Kayak Rentals).
She pointed out that the subject property is bordered by a mixture of different uses and adjacent
uses across the street which include the following: Across Washington Street. to the east is the Carlsbad Village Transit Station.
office buildings, and Carlsbad by the Sea Lutheran Home.
State Parks & Recreation Office.
Spa, a single-family residence and a vacant lot.
1 Across Carlsbad Boulevard to the west are Magee Park, St. Michael’s Church, a few . On the north side of Beech Avenue is the Army & Navy Academy football field and the
= On the south side of property across Christiansen Way are Carlsbad Mineral Springs and
proposed with three different project types. She proceeded to explain each different building type Ms. Rosenstein stated that the project is complicated in that there are ten different buildings
individually to give everyone an understanding about what is being proposed on site.
She pointed out that Building 1 is located on the east side of the property, along the frontage of
Washington Street, and is a three story structure with two levels of residential units over a fully
enclosed parking garage. She stated that the two levels of residential units include eleven (1 1)
affordable condominium fiats located on the east side of the building and eight (8) townhome
DESIGN REVIEW BOARD MINUTES
JUNE 24,2002
PAGE 3 of 10 DRAFT
market rate condominium units located on the west side of the building. She said the 11
affordable units include nine 2-bedroom units, one 3-bedroom unit, and one 4-bedroom unit. The
unit sizes range from 871 sq. ft. to 1,768 sq. ft. in floor area. She stated that the fully enclosed
spaces) on the first floor of the building.
parking garage consists of 45 enclosed parking spaces (2 per unit resident spaces, plus 7 guest
Ms. Rosenstein pointed out that the second product type is a townhome style and it includes
Buildings 2, 3, 4, 5, 6, 7, 8 and 9 with buildings 5 and 6 fronting on Christiansen W\ay and the
townhouse units have their own separate two car garages. Buildings 2-5 include five (5)
remainder of the buildings are located on the interior of the property. She stated that each of the
townhome units each and Buildings 6-9 have four (4) townhome units each. She further stated that each of the units have 3-bedrooms and measures 1,623 sq. ft. in floor area. Buildings 2-9 all
appear as three story structures on the garage side of the buildings, but due to grade changes, as
two story structures on the exterior (front) side of the property along Christiansen Way.
Ms. Rosenstein pointed out that the third product'type is Building 10, located along Carlsbad
with 8,662 sq. ft. of retail shops immediately adjacent to Carlsbad Boulevard. She stated that
Boulevard, and includes 10 two-story townhome units over individually enclosed 2-car garages
these 10 units each take access off Beech Avenue, which affords direct access to the units from
and each of the 10 units has 3-bedrooms and measures 2,384 sq. ft. in floor area. She pointed
the garages. Building 10 is three stories high. She stated that building 10 has the largest units
out that required parking for the retail components of building 10 is located behind the building with vehicular access off Beech Avenue and additional public parking for the retail shops will be
improvements. The applicant will be required to dedicate right-of-way to make way for curb,
provided as parallel parking along Carlsbad Boulevard as part of the installation of public
gutters, and sidewalks and this parking is over and above the required parking which is being
provided on site. She further stated through an additional dedication of right-of-way on
Christiansen Way the number of public parking spaces is being doubled by providing angled
parking spaces versus the more traditional parallel parking spaces. She stated full curb, gutter,
Way. and sidewalk improvements, street trees, and landscaping will be provided along Christiansen
Ms. Rosenstein noted that there are three vehicular entry points to the project on Washington
Street, Christiansen Way which would provide access to Buildings 4, 5, 6 and 7, and Beech Avenue which would provide access to Building 10. Either Washington Street or Beech Avenue
would provide vehicular access to the garages for Buildings 2, 3, 8 and 9. She pointed out that the
aisles. She added that guest parking for the townhouse units is proposed as parallel spaces along
recreational space is not a vehicular thoroughfare, but is set up at a higher elevation than the drive
the private driveway off Washington Street.
ground floor and finish floor of the units within the east-west oriented buildings (Buildings 2-9) are
She pointed out that the property naturally slopes down from west to east and as a result, the
stepped down to follow the topography of the site which is why they end up with a two-story
element on Christiansen Way and on the drive aisle side it is actually three stories.
Ms. Rosenstein further noted that the project also includes extensive landscaping within and
around the project, decorative and retaining walls as required, three centralized outdoor active
stated that in Building 1 there is also indoor common recreational areas that include a gymnasium,
recreation areas, which include a spa, putting green, shuffle board and lawn bowling area. She
card room and craft room. She pointed out that enhanced paving is proposed at all three vehicular
that there are four locations for enclosed trash bins which are distributed at convenient locations entries off the public streets and at important visual locations internally along the drives. She said
adjacent to the driveways throughout the site.
DESIGN REVIEW BOARD MINUTES
JUNE 24,2002
PAGE 4 of 10
Ms. Rosenstein continued stating that the architectural style proposed for the project is light-
colored stucco finish with wood fascia and trim, accented with wood shutters and a cultured stone
base, She pointed out the Carlsbad Boulevard elevation shows the storefronts on ground floor
which include multi-pained windows and varying setbacks. She also pointed out the following:
1 The upper levels are further setback from the street with balconies facing the west.
1 Balconies include 5’ high tempered glass to satisfy noise requirements. . Building height measures 37-8 and includes a 312 roof pitch.
Architectural details include: concrete “S” roof tile, multi-paned windows, stucco and wood
railing balconies, architectural trim around windows, fabric awnings, and decorative
Landscape plan includes: street trees along Carlsbad Boulevard, enhanced paving at
lighting.
shop entries, flowering vines on metal trellises at building columns, and potted plants at
shop entries.
Referring to the Washington Street elevation, Ms. Rosenstein stated the following information:
1 There is a ground floor entry off Washington Street with access to the elevator.
1 Balconies include 5’ high tempered glass to satisfy noise requirements.
The upper levels are setback from the first floor with balconies facing the adjacent street.
Architectural details include: flat concrete roof tile, architectural trim around windows,
exposed wood rafters and shudders. Ground floor parking structure is enhanced with 42“
Landscape plan includes: trees and low-lying flowering shrubs, two multi-bench seating
stone faGade along the base, decorative wood grid, and small windows for ventilation.
areas, and trellises with flowering vines along stone faGade columns. . The building height measures 35 feet.
Referring to the Christiansen Way elevation, Ms. Rosenstein stated the following information:
1 The upper levels are setback from the lower levels with balconies facing the adjacent
1 Balconies include 5’ high tempered glass to satisfy noise requirements.
1 Architectural details include: concrete “S roof tile, architectural trim around windows,
exposed wood rafters and shudders, round and arched windows, stucco corbels, wood
trellises, decorative columns at upper balconies, and walk-up patios with stone facade.
Landscape plan includes: street trees, decorative paving along the sidewalk and at the
vehicular entry, low-lying flowering shrubs, and stone faGade along the patio walls.
1 Building height measures 32‘4 as measured from Christiansen Way and 39-10” as
measured from the interior drive-aisle.
street.
Ms. Rosenstein stated the following information regarding the proposed density bonus and
standards modifications:
1 The project meets all the development standards for Land Use District 1 as set forth in
the Village Redevelopment Master Plan.
= The project also meets the Planned Development standards for properties located in the
coastal zone with the exception of three standards modifications, which the developer is
In order to allow for a density bonus, the Carlsbad Municipal Code states that the City
requesting in addition to a 25% density bonus.
shall grant a density bonus and at least one additional incentive to a developer who
agrees to construct a minimum of twenty percent of the total units of the housing
development as restricted and affordable to low-income households. In this case the
qualifying owner could not make more than 80% of the San Diego Area median income
1 The developer is requesting a 25% density bonus to increase the density from 19 dwelling
as adjusted for family size.
units per acre (the GMCP) to 23 units per acre which is the top end of the density range.
In addition, the developer is seeking standards modifications for 3 planned development
\4 5
DESIGN REVIEW BOARD MINUTES
PAGE 5 of 10
JUNE 24,2002
standards as the additional economic incentive. In exchange the developer is willing to
provide 11 affordable housing units without the need for financial assistance. The 11 units
are located on the east side of Building 1 and include nine 2-bedroom units, one 3-
bedroom unit, and one 4-bedroom unit.
o The standards modifications include: a reduction from the 40' setback from
o The elimination of the requirement to provide storage space for recreational
o A reduction in the drive aisle widths from 30 feet to 24 feet.
Carlsbad Blvd. (a major arterial):
vehicles onsite; and
Ms. Rosenstein stated that Planning Department has conducted an environmental review of the
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. She pointed out that as a
result of staff's review, a Negative Declaration was issued for the subject project by the Planning
Director on June 5, 2002 and made available for public review. She stated that no comments were
285 will recommend approval of the Negative Declaration for this project to the Housing and
received on the environmental document and adoption of Design Review Board Resolution No.
Redevelopment Commission.
She further stated regarding the economic impact of the project that it is anticipated to have a
positive financial impact on the City and the Redevelopment Agency in that: 1) the redevelopment
of what was previously an under-utilized lot will result in increased property taxes and therefore
increased tax increment to the Redevelopment Agency; 2) the retail uses will generate additional
sales tax revenues to the City; and 3) the project may serve as a catalyst for other improvements
in the area, either new development or rehabilitation of existing buildings, through the elimination
of a blighting influence within the area.
In conclusion, Ms. Rosenstein, stated that overall, the project meets the development standards
and design guidelines for Land Use District 1 of the Village Redevelopment Area with the
exception of the three planned development standards modifications. She said the project will
objectives of the Carlsbad Village Master Plan and Design Manual by providing a highly desirable
have a positive fiscal impact on the redevelopment area and will assist in fulfilling the goals and
staff is recommending approval of the project.
mixed-use, transit-oriented development in an appropriate location in the Village and therefore,
Board Member Heineman asked the Board if they had any questions of staff.
Board Member Baker asked staff if there were any regulations which would prevent the storage of items such as towels, bicycles, etc. on the balconies, particularly those along Carlsbad Boulevard.
Ms. Rosenstein replied that the Homeowners Association could impose limitations on the storage
the project. She stated that staff has found it easier for the Homeowners Association to enforce of these types of items, but staff did not include any conditions to this effect in the resolutions for
these kind of restrictions than the City.
Board Member Baker stated that in the one of the resolutions there was a condition restricting the
She asked how this condition is enforced given the project's proximity to the beach and is known
rental of units for less than 28 days, even though the units being proposed are for-sale units.
as a vacation rental area.
then the City would initiate code enforcement action as a violation of the conditions of approval for
Ms. Rosenstein stated that the only way the City would know about it is through a complaint and
the project. She stated that this is standard condition for condominium projects.
DESIGN REVIEW BOARD MINUTES
PAGE 6 of 10
JUNE 24,2002
Board Member Baker asked where the front doors of the units in Building 10 were located, how
will the retail operations take deliveries, where are the storage spaces for these units, where are
the closest trash receptacles for the retail uses, and do the retail uses have access in the back or
is their only access through the front.
Ms. Rosenstein pointed out on the site plan the location of the trash bin for Building 10, which is
located in back on the building on the south side. She added that it is large enough to
accommodate the retail-commercial uses as well as the residential uses. She further stated that
the retail units’ only access along Carlsbad Blvd. She pointed out that on the backside of Building
that the backside of this building is only accessible to the residents whose front doors are not
10 there are ten 2 car garages with a door that leads to stairs that go up into the units. She said
directly on the street but are behind.
Board Member Paulsen asked what accommodations are there for a moving van to enter the
interior of the property to deliver their loads.
Mr. Glen Van Peski with Development Services, Engineering, replied that the project was
reviewed for truck turning movements, similar to the normal type moving van that would be used
to service these size units. While the truck turning radius on the property can be me, there would
have to be some flexibility on the part of neighbors for the short period of time trucks are parked
on the interior drive aisles.
Board Member Paulsen asked about security gates for the project.
accessible to anyone entering the site. She pointed out that the developer is not proposing gates
Ms. Rosenstein stated that the parking garage to Building 1 will not be gated and will be
at any other access points on the site, but the garages have the roll-up doors which will be closed
a majority of time. She stated that the site is open with the intention that people can walk from
Way or meandering through the site where there are walkways and recreational facilities with
Carlsbad Boulevard over to Washington Street whether it is along the frontage of Christiansen
outdoor seating areas.
Board Member Paulsen asked if the parking on Christiansen Way was likely to be used by people
owners of the units. He asked if the sidewalk was wide enough to accommodate the overhang of
using the Coaster Station and if it was going to be a problem to keep the spaces available for
the cars.
Ms. Rosenstein replied that the required parking for the units is located on-site and the parking
parking by Coaster Station patrons in this area as the City has already lost control of some of the
along Christiansen Way is public parking. She stated that ideally staff would want to discourage
at a later date if the property owners in the area wanted to have time limits placed on Christiansen
public parking lots in the area when NCTD terminated the lease agreements. She pointed Out that
Way it would require Traffic Safety Commission approval. She added that three-hour time limits would restrict the Coaster Station patrons from parking there. She stated that there was an extra
two feet next to the sidewalk for car overhang and it has decorative paving so it will stand out
separately from the rest of the sidewalk.
buildings. He asked if the rooftops of the buildings would be shielded from public view.
Board Member Paulsen stated that there was no mention of the heating and cooling of the
those are all shielded with screening designed as part of the roof. She added that all of the
Ms. Rosenstein stated that there would be roof equipment on Building 10 and Building 1 and
DESIGN REVIEW BOARD MINUTES
PAGE 7 of 10
JUNE 24,2002
buildings will have central air conditioning which is required in order to meet the noise standards
due to the project's proximity to the Coaster Station and the railroad right-of-way.
Board Member Paulsen asked about the provisions for the water metering; are they provided for
the whole building or individual units and are there separate meters for the landscape areas?
Mr. Van Peski replied that the units would be individually metered and each owner would be
and the bill would go to the Homeowners Association.
responsible for their own conservation efforts. He said there would be landscape area irrigation
Board Member Heineman asked what school would serve children from this project?
Ms. Rosenstein replied that the project is located within the Carlsbad Unified School District and
the closest public school would be Jefferson Elementary.
doors through the garages in the back, particularly on Christiansen Way. He asked for staff to
Board Member Heineman asked if there are doors on the street side of all the units as well as the
clarify the location of the front entrance on the north side of Buildings 9 and 2.
Ms. Rosenstein replied that there is a walkway leading from the sidewalk to an outdoor patio area
where the front door of the units on Christiansen Way is located. She mentioned that Buildings 9
and 2 have the same outdoor patio area facing the north side of the property.
Board Member Baker asked where the driveway northeast of Building 2 leads to?
Ms. Rosenstein replied that there is a 4,000 sq. ft. lot north of the subject property off Washington
Street and the owners have asked the developer to provide them with an access easement
through their site to help with the development of the adjacent property. She stated that staff
conducted a preliminary review for development of the adjacent property and because of the size
of their property; they were very limited in terms of vehicular access. She stated that she was not
sure what the two parties have worked out privately, but what they see on the plans is a potential
for an access easement to the adjacent property.
Board Member Heineman asked the applicant to step forward.
John Simons, Anastasi Development Company, 4743 Bryce Circle, Carlsbad. Mr. Simons thanked
staff for their involvement in the design of this particular development. Ms. Rosenstein asked
tremendously. He stated that he sent a package describing the background of his company and
them to look at turning Buildings 2-9 to face the street which has enhanced their project
their history of quality infill development to each of the Board members and he would answer any
questions they had.
Board Member Baker asked who will manage retail units, who is in charge of the rental
agreement, and what kind of quality control exists over who would be the occupants of these
units. She asked what sort of tenants they envision for the commercial rental spaces.
Mr. Simons replied that their company has over 2,000 rental units and commercial spaces. His
company would manage the retail space. He stated that the type of retail tenants would be
beach-oriented type of retailers. He stated they are very happy to dedicate some frontage along
Carlsbad Blvd. to allow 12 spaces on the street plus the parking in the rear of the building for retail
uses.
Board Member Paulsen asked if the buildings were going to be fully fire sprinkled.
DESIGN REVIEW BOARD MINUTES
PAGE 8 of 10
JUNE 24,2002 DRAFT
Mr. Simons answered in the affirmative.
Board Member Paulsen asked if there would be any water risers that they could hook a hose onto
if they had to fight a fire on the interior of the project.
Randy Morris, architect for Anastasi Development Company, 4134 Pacific Coast Hwy, Torrance.
He answered Board Member Paulsen's question affirmatively and further stated that generally that
is a requirement of the fire code and they will have the special connectors at the base of the
buildings that hook-up to a bumper truck and energize the fire sprinklers within the building.
Board Member Heineman opened the public testimony.
area" and for clarification on the future plans for development of the area.
Mary Welch, 351 Beech Avenue, Carlsbad. She asked what Ms. Rosenstein meant by "blighted
Sarah Marquez, 2968 Garfield Street, Carlsbad. She stated after spending so much time going
over these plans, it is hard not to put in her two cents worth. She confirmed that the building plans
were very nicely done. She pointed out Building 10 which fronts Carlsbad Boulevard that she
would like to see if they could get the cultured stone applied to the abutments between the retail
spaces and underneath the window areas as it would add to the continuity to that design and the
richness of the building. She added that she would like to see a little more architectural articulation
on Building 10 along Beech Avenue. She asked the City as to the feasibility of getting the
subdivision boundaries along Christiansen Way increased to include the whole street so that they
could see about getting the remainder of the utilities placed underground. She stated that she did
not see in the near future that they would be redeveloping any historical buildings such as the Kay
Christiansen Alt Carlsbad building. She pointed out that she did not note an electrical plan for the
electrical system in Building 10 and would like clarification that the commercial signage would be
done in accordance with the Village Design Plan. She also pointed out that perhaps there could
in the early morning hours to keep parking along Carisbad Boulevard open. She also pointed out
be limited hours for the delivery of commercial items. More specifically, deliveries could be made
that the commercial uses in this building should be restricted to tourist-serving commercial uses in
accordance with the Village Master Plan.
Board Member Heineman closed the public testimony.
She stated she was referring to the subject property and was not referring to the surrounding
Ms. Rosenstein responding to Ms. Welch's concern about her use of the term "blighted area".
area. She added that the subject property is located in a highly visible area along a major retail
corridor and has been vacant and underutilized for a very long time and has lacked public
improvements. She stated that by redevelopment standards that is considered blighted property
because it does not promote the redevelopment and economic revitalization of the area by its very
existence. In answer to the question as to what is the intent of the future development in this area, she stated that the east side of Carlsbad Blvd. is located in District 1 of the redevelopment area. District 1 is the heart of the Village and is intended to be primarily retail-oriented especially along
thought would work on the remainder of the site since Land use District 1 allows a mixture of
the major corridors like Carlsbad Blvd. She stated that staff looked for a compromise for what they
different uses. She stated that, in accordance with the Master Plan, the ground floor is intended to
be visitor-serving commercial uses because the property is also located in the Coastal Zone, but District 1 also allows multi-family development as a provisional use in appropriate locations.
discuss the addition of adding the cultured stone along the facade of Building 10.
Ms. Rosenstein stated, in answering Ms. Marquez's questions that the Board would have to
DESIGN REVIEW BOARD MINUTES
PAGE 9 of 10
JUNE 24,2002
Board Member Heineman asked if they should ask the applicant about this?
architectural articulation on Beech Avenue. She stated all the signs, including those that are
Ms. Rosenstein replied affirmatively. She continued that along with this they should discuss more
internally illuminated, will be required to meet the Village Sign Regulations. If the signs are
internally illuminated they must be individual channel letters or otherwise they must be externally
illuminated. She stated that according to the sign program that was submitted along with the
along Carlsbad Blvd. She added that there are no electrical plans as it currently stands because project they are proposing a row of various different fonts of internally illuminated channel letters
those typically come with full construction drawings for the project. Ms. Rosenstein stated that the
stated that on previous projects they have limited the hours of trash pick up when it was thought it
Board could discuss limiting the hours of commercial deliveries, which may be hard to do. She
might have an impact on adjacent single-family residences.
be visitor-serving commercial uses as the City approves all the business licenses before the uses
She stated that in accordance with the Village Master Plan, all of the retail uses will be required to
go in. She did not think it was necessary to add this as a condition as it is an existing standard in
this area.
She asked Mr. Van Peski to answer the question about the feasibility of getting the subdivision
boundaries extended to address undergrounding of utilities.
Mr. Van Peski stated that he was a little confused as to exactly which side of the street Ms.
Christiansen Way and Carlsbad Blvd., which is a part of this project. He stated that he knows the
Marquez was talking about. He assumes she is talking about the southeast corner of
developer did make considerable efforts to acquire the adjacent property but was unable to do so.
He stated that through the development of this site all overhead utilities within the subdivision
boundaries will be underground, but the City is not able to require the developer to expand the
boundaries so they can underground more electrical lines. He stated if it is the other side of
Christiansen Way that Ms. Marquez is referring to then the City would typically wait for the
redevelopment of that site for the undergrounding to occur.
the use of cultured stone on abutments between the storefronts.
Board Member Heineman asked the applicant to address the architectural questions regarding
Randy Morris replied that they would be happy to do this as well as provide more articulation along
zone in the front where the 12 parallel parking spaces are so as to not to restrict hours of delivery. Beech Ave. He stated that regarding the hours of delivery they may be able to have a delivery
He stated there were no problems with commercial lighting standards and visitor-serving
commercial uses were not an issue either.
Board Member Paulsen asked what is currently intended for where Ms. Marquez suggested the
addition of the upgraded surface.
Randy Morris replied that it is proposed at stucco, but the columns on the.base would turn into a
cultured stone, similar to the Washington Street elevation, which would tie the entire architecture
of the project together.
comment on the proposed landscape plan.
Board Member Paulsen expressed concern that Board Member Lawson was not present to
Board Member Heineman assured him that it would not be a problem.
DESIGN REVIEW BOARD MINUTES
PAGE 10 of 10
JUNE 24,2002 F
DISCUSSION
Board Member Heineman asked for a motion.
ACTION: Motion by Board Member Baker, and duly seconded by Board Member
Paulsen that the Design Review Board adopt Design Review Board
adopt Design Review Board Resolution 286 recommending approval of
Resolution No. 285 recommending approval of a Negative Declaration,
recommending approval of CDP 01-16, and adopt Design Review Board
RP 01-06, adopt Design Review Board Resolution No. 287
Resolution No. 288 recommending approval of CT 01-10 to the Housing and Redevelopment Commission based on the findings and subject to
the conditions contained therein.
VOTE: 3-0-0
AYES:
NOES:
Heineman, Paulsen and Baker
None
ABSTAIN: Marquez
Board Member Baker stated she finds this project intriguing with the mixed-use component so
close to the train station. She stated that she personally does not think there needs to be cultured
stone on the abutments, but it is a matter of taste. She pointed out that tourist-serving commercial
uses would be a benefit to the people living in the area, but that Carlsbad residents would like to
to come only at certain times and she has not seen where this has caused a problem in other
have stores for people who live in town as well. She pointed out that it might be difficult to tell UPS
areas.
the Village and has no problem with voting for it.
Board Member Paulsen stated that he sees the project as a positive thing for the District and for
as an anchor for other redevelopment projects in the Village, and he is in favor of it.
Board Member Heineman stated that he thinks this is a very attractive project, which could serve
Board Member Heineman closed the public hearing.
ITEMS OF DISCUSSION
Vice Chairperson Marquez shared that the election for Chair and Vice Chair would take place at
the next Board Meeting when all members are present.
ADJOURNMENT
By proper motion, the Regular meeting of June 24,2002 was adjourned at 7:13 p.m.
Respectfully submitted,
Debbie Fountain
Housing and Redevelopment Director
JUDY KLINE
Minutes Clerk
MiNUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE
APPROVED.
08/13/02 TDE 15:24 FAX 760 761 0908 NORTH COUNTY TIMES SM M 004
PROOF OF PUBLICATION
(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 Dlego, State of California, for the cities of
Escondido, Oceanside, Carisbad, Solana Beach
and San Diego County; 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
fdlowlng dates, to-wit:
[alelo
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at s.44 /%2-&4 , California
NORTH COUNTY TIMES
Legal Advertising
This space is for the County ClerKs Filing Stamp
"I
-I
CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
VILLAGE BY THE SEA
(MIXED USE DEVELOPMENT)
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of
Carlsbad will hold a Public Hearinq in the City Council Chambers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:OO pm on Tuesday, August 6, 2002, to consider approval of a Major
Redevelopment Permit (RPOI-06), Coastal Development Permit (CDP 01-16), and Tentative Tract
Map (CT 01 -1 0) to allow the construction of a mixed-use development project consisting of sixty-
five (65) condominium units and 8,662 square feet of retail on property bordered by Carlsbad Blvd.
to the west, Washington Street to the east, Christiansen Way to the south, and Beech Ave. to the
north. The property is located within Land Use District 1 of the Carlsbad Village Redevelopment
Area and more thoroughly described as Assessor Parcel Numbers 203-172-06, 07, 08, 11, 12, 16,
21, and 23.
The proposed project also includes t:?e following requests:
1. The establishment of the High Residential (HR) General Plan designation to set the
2. A density bonus of no more than 25% over the growth management control point (19
density for the site at 15-23 dwelling units per acre;
dwelling units per acre) in exchange for 11 affordable housing units, setting the overall
density for the project at 23 dwelling units per acre; and
3. Modifications of the following Planned Development standards to be consistent with the
Village Master Plan:
a. Reduce the building setback along Carlsbad Blvd. from 40' to 2';
b. Eliminate the requirement to provide on-site recreational vehicle storage; and
c. Reduce the internal driveway width from 30' to 24'.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
If you have any questions or would like a copy of the staff report, please contact Lori Rosenstein in
the Housing and Redevelopment Department at (760) 434-2813. You may also provide your
comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street,
Suite B, Carlsbad, CA 92008.
As a result of the environmental review under the California Environmental Quality Act (CEQA)
and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has
issued a Negative Declaration for the subject project on June 5, 2002. The Housing and
Redevelopment Commission will be considering approval of the environmental determination
during the public hearing.
If you challenge the Major Redevelopment Permit, Coastal Development Permit, and Tentative
Tract Map 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 NO.: RP OI-OG/CDP 01-16/CT 01-10
CASE NAME: VILLAGE BY THE SEA
HOUSING AND REDEVELOPMENT COMMISSION
PUBLISH: Friday, July 26, 2002
S
VILLAGE BY THE SEA
RP 01 -06/CT 01 -1 O/CDP 01 -1 6
ARMY & NAVY ACADEMY
PO BOX 3000
00 CARLSBAD CA 92018-3000
PEACOCK
2763 STATE- ST
CARLSBAD CA 92008-1629
NELSON TR HILL CARL J VENSTROM
3425 ANN DR PO BOX 1935 2933 LANCASTER RD
CARLSBAD CA 92008-2002 CARLSBAD CA 92018-1935 CARLSBAD CA 92008-6569
KURT D CARLSON PALENSCAR BALLERINI
3 570 DONNA DR 2739 STATE ST 4161 RHODES WAY
CARLSBAD CA 92008-2761 CARLSBAD CA 92008-1629 OCEANSIDE CA 92056-7413
THOMAS D VIGNE ARTHUR & ALICE BROWN EDMUND & EDITH SMITH
3880 HIBISCUS CIR 5157 SHORE DR 3271 WESTWOOD DR
CARLSBAD CA 92008-3379 CARLSBAD CA 92008-4347 CARLSBAD CA 92008-1146
JACK H BLACKBURN JACK H BLACKBURN RALPH A STRAESSER
202 RAINBOW LN 2690 STATE ST 1518 AVOCADO RD
OCEANSIDE CA 92054-3537 CARLSBAD CA 92008-1626 OCEANSIDE CA 92054-5706
DONALD K DEWHURST PAUL J WEBER
3425 SEACREST DR 580 BEECH AVE
CARLSBAD CA 92008-2038 CARLSBAD CA 92008-1657
SURVIVORS T EISLER EDMUND & EDITH SMITH PATERSON
6631 LITTLER DR 3271 WESTWOOD DR 2727 ROOSEVELT ST A
!;AN DIEGO CA 92119-2435 CARLSBAD CA 92008-1146 CARLSBAD CA 92008-1617
PATRICK D BILLEP DONALD P HOEFER IRVING J & DORIS GORDON
1402 CLARENCE DR 2668 OCEAN ST 2678 OCEAN ST
VISTA CA 92084-7243 CARLSBAD CA 92008-2237 CARLSBAD CA 92008-2237
EDWARD W & CHAD BIXBY MARIE SIDUN
2680 OCEAN ST 621 LAS FLORES DR
RALPH B BERRY
2677 GARFIELD ST
CARLSBAD CA 92008-2237 SAN MARCOS CA 92069-6221 CARLSBAD CA 92008-2217
STREET ALONZO M
2669 GARFIELD ST
CARLSBAD CA 92008-2217
SCOTT & NICOLE BARTEL
2689 GARFIELD ST
CARLSBAD CA 92008-2217
JACK D PHILLIPS
2667 OCEAN ST
CARLSBAD CA 92008-2238
PARISH OF ST MICHAELS-B
CARLSBAD CA 92018-0127
PO BOX 127
WELCH
CARLSBAD CA 92008-2204
351 BEECH AVE
STEVEN G HOARD
1631 MOUNTAIN VIEW AVE
OCEANSIDE CA 92054-5512
ROBERT H & JOANN CAAN
8038 VALLE VISTA DR
RANCHO CUCAMO 91730-1843
RALPH F & LANA BURNETTE
'390 GRAND AVE
flARLSBAD CA 92008-2925
2601 AIRPORT DR 300
RALPHF T BURNETTE
TORRANCE CA 90505-6142
FULLMER ANN K ELLINWOOD
2838 DENTRO DE LOMAS RD PO BOX 2770
VISTA CA 92084-1204 RANCHO SANTA 92067-2770
TR WAILES&HARRIS
2729 OCEAN ST
MCGRATH
2685 GARFIELD ST
CARLSBAD CA 92008-2241 CARLSBAD CA 92008-2217
PARISH 0 ST MICHAELS-BY-THE-SE
BELL TOBO INVESTMENTS
PO BOX 151 2785 ROOSEVELT ST
ANAHEIM CA 92815-0151 CARLSBAD CA 92008-1617
ANTHONY F TOMARO
367 BEECH AVE
CARLSBAD CA 92008-2204
LUDVIK GRIGORAS
2802 CARLSBAD BLVD
CARLSBAD CA 92008-2942
08-2942
CATHERYN T CHRISTIANSEN
2601 AIRPORT DR 300
TORRANCE CA 90505-6142
GERICOS PTNSHP
TORRANCE 0505-6142
850 TAMARACK AVE
CARLSBAD CA 92008-4140
c
MEZRAHI
110 E 9TH ST C871
LOS ANGELES C 90079-5871
LLC I CATALYST
3252 HOLIDAY CT 225
LA JOLLA CA 92037-1809
TLF INVESTMENTS PARTNER
3130 WILSHIRE BLVD
SANTA MONICA 90403-2346
*** 68 Printed ***
DEWHURST FAMILY DUNHAM
3425 SEACREST DR 3425 SEAC 4028 PARK DR
CARLSBAD CA 92008-2038 CARLSBAD CA 92008-2619
"2038 CARLSBAD CA 92008-1617
MARITAL T HOWARD-JONES TAL T HOWAR
REST DR 2785 ROOSEVELT ST
DONALD K DEWHURST FRANCES L SMITH TR WARD
3425 SEACREST DR PO BOX 864 32 MARIGOLD
CARLSBAD CA 92008-2038 CARLSBAD CA 92018-0864 IRVINE CA 92614-5470
HUNTE OSTRIE INTERNEXT GROUP
6319 CAMINO DE LA COSTA PO BOX 8 2835 N NAOMI ST 300
LA JOLLA CA 92037-6526 RANCHO SANTA 92067-0008 BURBANK CA 91504-2024
GARNER INTERN
25775 TOLUCA DR
SAN BERNARDIN 92404-3068
MACDONALD PROPERTIES L TR BETZ LEOR & OPHIRA LAKRITZ
2016 SHERIDAN RD 3240 DONNA DR PO BOX 1029
ENCINITAS CA 92024-1144 CARLSBAD CA 92008-1124 TUSTIN CA 92781-1029
LEOR & OPHIRA LAKRITZ SATTERLY
PO BOX 1029 1349 MELROSE WAY
'TUSTIN CA 92781-1029 VISTA CA 92083-6509
*** 21 Printed ***
ARMY & NAVY ACADEMY
PO BOX 3000
CARLSBAD CA 92018-3000
WZLCH
351 BEECH AVE
CARLSBAD CA 92008-2204
STEVEN G HOARD
OCEANSIDE CA 92054-5512
1631 MOUNTAIN VIEW AVE
"
ROBERT H~ & JOANN CAAN
8038 VALLE VISTA DR
l7ANCHO CUCAMO 91730-1843
RALPH F & LANA BURNETTE
390 GRAND AVE
CARLSBAD CA 92008-2925
..
RALPHF T BURNETTE
'TORRANCE CA 90505-6142
2601 AIRPORT DR 300
ANTHONY F TOMARO
CARLSBAD CA 92008-2204
367 BEECH AVE
LUDVIK GRIGORAS
2802 CARLSBAD BLVD
CARLSBAD CA 92008-2942
PARISH OF ST MICHAELS-B
PO BOX 127
CARLSBAD CA 92018-0127
CA D CA 920
CATHERYN T CHRISTIANSEN
2601 AIRPORT DR 300
TORRANCE CA 90505-6142
GERICOS PTNSHP
850 TAMARACK AVE
CARLSBAD CA 92008-4140
*** 21 Printed ***
OCCUPANT
CARLSBAD CA 92008
258 BEECH AVE
OCCUPANT
367 BEECH AVE
'8
CARLSBAD CA 92008-2204
OCCUPANT
2780 CARLSBAD BLVD
CARLSBAD CA 92008-2209
OCCUPANT
2802 CARLSBAD BLVD
CARLSBAD CA 92008-2942
OCCUPANT
2715 CARLSBAD BLVD
CARLSBAD CA 92008-2210
OCCUPANT
2775 CARLSBAD BLVD
CARLSBAD CA 92008-2210
OCCUPANT
CARLSbAD CA 92008-2204
385 BEECH AVE
OCCUPANT 2196 CARLSBAD BLVD
CARLSBAD CA 92008-2209
OCCUPANT
381 CEDAR ST
CARLSBAD CA 92008
OCCUPANT
2729 CARLSBAD BLVD
CARLSBAD CA 92008-2210
OCCUPANT
351 BEECH *AVE
CARLSBAD CA 92008-2204
OCCUPANT 2733 WASHINGTON ST
CARLSBAD CA 92008-2247
OCCUPANT
CARLSBAD CA 92008-2204
333 BEECH AVE
OCCUPANT
CARLSBAD CA 92008-2925
390 GRAND AVE
OCCUPANT
2858 CARLSBAD BLVD
CARLSBAD CA 92008-2901
*** 18 Printed ***
July 11,2002
TO: CITY CLERKS OFFICE
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice VILLAGE BY THE SEA (RP 01-
O6/CDP 01-16ET 01-10) for a public hearing before the Housing and Redevelopment
Commission. The attached public hearing notice must be published, posted and mailed
at least 10 days before the hearing. Please notice the item for a special Housing and
Redevelopment Commission meeting on August 6, 2002.
Thank you.
- HOUSING & REDEVELOPMENT DIRECTOR DATE
August 12,2002
Anastasi Development Co, LLC
1200 Aviation Blvd.
Redondo Beach, CA 90278
RE: VILLAGE BY THE SEA - FU' 01-06KDP 01-16KT 01-10
The Carlsbad Housing and Redevelopment Commission, at its meeting of August 6,
2002, heard the above referenced matter and adopted Resolution No. 356, approving the
Major Redevelopment Permit, Coastal Development Permit, and Tentative Tract Map for
the project.
Enclosed for your records is a copy of the fully executed Resolution.
Assistant City Clerk
Enc. (1)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @